County Commission meeting agenda 08/19/08

August 19, 2008 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

Sandra L. Bowden, Chairman District 5 Joseph A. Baird, County AdministratorWesley S. Davis, Vice Chairman District 1 William G. Collins II, County AttorneyJoseph E. Flescher District 2 Jeffrey K. Barton, Clerk to the BoardPeter D. O’Bryan District 4 Gary C. Wheeler District 3

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

2. INVOCATION

Stan Boling, Planning Director

3. PLEDGE OF ALLEGIANCE

Commissioner Gary C. Wheeler

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

A. Special Call Meeting, The Source, April 24, 2008

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, AUGUST 19, 2008 - 9:00 A.M.


7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT

REQUIRING BOARD ACTION

PAGE

A. Business in Enterprise Zone Appointee Vacancy on Enterprise Zone Development Agency (memorandum dated August 12, 2008) 1

8. CONSENT AGENDA

A. Approval of Warrants – August 1, 2008 – August 8, 2008

(memorandum dated August 8, 2008) 2-7 B. Approval of Florida Power & Light (FPL) Easement Golden Sands Park

Project (memorandum dated August 8, 2008) 8-11

C. Parking Agreement with First United Methodist Church

(memorandum dated August 13, 2008) 12-15

D. Out of County Travel to attend Florida Association of Counties 2008-09 Policy Committee Conference (memorandum dated August 11, 2008) 16-20

E. Approval of Work Order No. MC1 with Peninsula Hydrologic Data

Specialists, Inc. for Water Quality Testing and Support Services for the Main Relief Canal Pollution Control System (memorandum dated August 5, 2008) 21-28

F. Approval of 2008/2009 State Funded Subgrant Agreement to Update Indian

River County’s Hazards Analysis (memorandum dated August 7, 2008) 29-57

G. Logical and Physical Database Design, Approval of Final Payment to

Contractor, Geographic Technologies Group, Inc. Professional Services Master Agreement Project 5032, Work Order #4 (memorandum dated August 6, 2008) 58-60

H. Approval of Final Payment and Release of Retainage for Malcolm Pirnie,

Inc. Work Order No. 2-EM for Egret Marsh Regional Stormwater Park (memorandum dated August 7, 2008) 61-63


8. CONSENT AGENDA PAGE

I. Work Order No. AMET-1EM, A.M. Engineering and Testing, Inc. Geotechnical Professional Consultants For: Professional Geotechnical Services for Egret Marsh Stormwater Park Pumping Station “D” Full and Final Payment (memorandum dated August 8, 2008) 64-65

J. Miscellaneous Budget Amendment 018


K. Wabasso Beach Restoration – Sector 3 FDEP Grant Agreement No. 071R1 – Amendment No. 1 (memorandum dated August 11, 2008) 73-80

L. Florida Power and Light (FPL) Agreement to Install Additional Street Lights

in the Wabasso Street Lighting District (memorandum dated August 13, 2008) 81-85

M. Right-of-Way Acquisition – CR510 County Road Project # 0610, 5770,

5750 and 5730 85th Street, Located on the Northeast Corner of 85th Street and 58th Avenue, David Eldell/Owner (memorandum dated August 5, 2008) 86-101

N. Robert H. Cook, Jr., 26th Street (82nd Avenue to 74th Avenue) Paving Project


O. Request for Floodplain Cut and Fill Balance Waiver for Parcel # 30-39-33-00001-0000-00018.1 located at 12635 Highway A1A (memorandum dated August 11, 2008) 112-114

P. Approval Work Order No. 6 (Engineering) with CTI – Construction Testing

& Inspection, Inc. Providing Professional Geotechnical Services in Accordance with the Annual Geotechnical Services Contract No. 0534 (memorandum dated August 8, 2008) 115-121

Q. Approval of Bid Award for IRC Bid No. 2008060, Annual Bid for Generator

Maintenance (memorandum dated August 13, 2008) 122-129

R. Award of Bid # 2008062, Petition Paving of 10th Court SW from Oslo Road

to 7th Street SW and Petition Paving of 1st Road SW from 35th Avenue to 32nd Avenue, IRC Project No. 0436 and 0522 (memorandum dated August 11, 2008) 130-150


8. CONSENT AGENDA PAGE

S. Approval of Bid Award for IRC Bid No. 2008065, Furnish Two (2) 150 HP Variable Frequency Drives (VFDs) (memorandum dated August 13, 2008) 151-157

T. Harry Klimas’ Request for Final Plat Approval for a Subdivision to be

known as Oak Island Estates f/k/a Oak Island Phase 3 (memorandum dated August 11, 2008) 158-164

U. Sator L.L.C.’s Request for Final Plat Approval for a Subdivision to be

Known as Venezia Estates f/k/a Indian Lake Estates (memorandum dated August 12, 2008) 165-170

V. Consideration of Community Development Block Grant Disaster Recovery

Initiative Modification #5 (memorandum dated August 11, 2008) 171-181

W. Award of Contracts – RFP 2008061 – Basic Life, Voluntary Life, and

Voluntary Products (memorandum dated August 13, 2008) 182-195

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Pointe West of Vero Beach, Ltd.’s Request to Modify the Approved Planned Development (PD) Conceptual Plan for Pointe West (memorandum dated August 8, 2008) 196-205

Legislative

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

None


10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS 1. Scheduled Public Hearings for September 9, 2008


a. Quail Ridge, Inc.: Request to amend the text of the Transportation Element of the Comprehensive Plan to remove segments of 61st Street between 74th Avenue and 90th Avenue and remove segments of 65th Street between 74th Avenue and I-95 from the county’s extended roadway grid map (fig 4.10)

Legislative

b. Indian River County: Request for an abandonment of a portion of 130th Street (Gibson Street) right-of-way and an unnamed right-of-way in Roseland

Legislative

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services

None

C. General Services

1. Transfer of Lease and Concession Agreement with Capcan, Inc. (Cannon’s County Café) (memorandum dated August 12, 2008) 208-232

2. FPL Energy Services Master Agreement Approval


D. Human Resources

None


12. DEPARTMENTAL MATTERS PAGE

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Value Adjustment Board Citizen Appointee (memorandum dated August 11, 2008) 254-262

14. COMMISSIONERS ITEMS

A. Commissioner Sandra L. Bowden, Chairman

1. Florida Manufacturing Extension Partnership (memorandum dated August 13, 2008) 263-264

B. Commissioner Wesley S. Davis, Vice Chairman

None

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None


14. COMMISSIONERS ITEMS PAGE

E. Commissioner Gary C. Wheeler

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

1. Notice of Scheduled Public Hearing on September 9, 2008 Adopt an Amendment to the SWDD Rate Resolution (Legislative) (memorandum dated August 13, 2008) 265

2. 2008 Petition Hearing, Solid Waste Disposal District Assessment

Fees (memorandum dated August 4, 2008) 266

C. Environmental Control Board

None

16. ADJOURNMENT 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 (TDD # 772-770-5215) at least 48 hours in advance of 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, the IRC Courthouse Law Library, and the North County Library.

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

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.

To:

Date:

Subject:

From:

7A

AUGUST 19, 2008 INFORMATIONAL ITEMS

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

August 12, 2008

Business in Enterprise Zone Appointee Vacancy on Enterprise Zone Development Agency

Maria Resto, Commissioner Assistant District 2

This is notification that the Enterprise Zone Development Agency has a vacancy for Business in Enterprise Zone Appointee. These meetings are held on the second Thursday of every month at 8:30a.m. in the First Floor Conference Room "B1-501" of the County Administration Building "B", 1800 27th Street, Vero Beach, Florida.

Anyone interested in serving on the Enterprise Zone Development Agency will need to submit an application and resume to Maria Resto at the Board of County Commissioners Office, County Administration Building A, 1801 271

h Street, Vero Beach, FL 32960. Applications will be accepted until September 15

\ 2008 and can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's Office.

F:\BCC\Agenda ltems\2008\2008 Appointments & Resignations\EZDA-Vacancy- Business in Enterprise Zone. doc

1

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: AUGUST 8, 2008

SUBJECT: APPROVAL OF WARRANTS- AUGUST 1, 2008- AUGUST 08, 2008

FROM: DIANE BERNARDO, FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of August 01, 2008 to August 08, 2008.

Attachment:

DB:AH

2

CHECKNBR 219771 219772 219773 219774 219775 219776 219777 219778 219779 219780 219781 219782 219783 219784 219785 219786 219787 219788 219789 219790 219791 219792 219793 219794 219795 219796 219797 219798 219799 219800 219801 219802 219803 219804 219805 219806 219807 219808 219809 219810 219811 219812 219813 219814 219815 219816 219817 219818 219819 219820 219821 219822 219823 219824 219825 219826 219827 219828

CKDATE 8/4/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/8/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 1 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I 8/7/2008 I

CHECKS WRITTEN

VENDOR THE GUARDIAN ILLINOIS STATE DISBURSEMENT UNIT CHAPTERI3TRUSTEE VB FIREFIGHTERS ASSOC I R FEDERAL CREDIT UNION COMPBENEFITSCOMPANY AMERICAN FAMILY LIFE ASSURANCE CO SAN DIEGO COUNTY OFFICE OF THE PENNSYLVANIA SCDU NEW JERSEY FAMILY SUPPORT CENTER INDIAN RIVER CO BOCC ADMIN FOR CIDLD SUPPORT ENFORCEMENT OIDO CHILD SUPPORT ALL POWER SERVICES INC PORT CONSOLIDATED INC PARKS RENTAL & SALES INC BIRCHWOOD LABORATORIES INC FLORIDA DETROIT DIESEL ALLISON PRAXAIR DISTRIBUTION SOUTHEAST GOOD KNIGHT LAWN EQUIPMENT INC INDIAN RIVER AUTO PARTS LLC INDIAN RIVER AUTO PARTS LLC COMMUNICATIONS INTERNATIONAL SOUTHERN SEWER EQUIPMENT SALES TEN-8 FIRE EQUIPMENT INC TOSHIBA BUSINESS SOLUTIONS FLORIDA NORTH SOUTH SUPPLY VELDE FORD INC SAFETY PRODUCTS INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY GENES AUTO GLASS SAFETY KLEEN SYSTEMS INC TREASURE COAST REFUSE TREASURE COAST REFUSE SIMS CRANE AND EQUIPMENT COMPANY ALPHA HARDWARE VERO LA WNMOWER CENTER INGRAM LIBRARY SERVICES !NV F&W PUBLICATIONS THE GALE GROUP DAVIDSON TITLES INC ABC-CLIO ll>fC AMERIGAS INC NEW READERS PRESS MIKES GARAGE & WRECKER SERVICE DAILY COURIER SERVICE INC APPLE INDUSTRIAL SUPPLY CO HACHCO HICKMANS BRAKE & ALIGNMENT LABOR FINDERS INC ABSUSA GALLS INC PATTERSON POPE INC RAM MEDIA RELIABLE SEPTIC AND SERVICE

AMOUNT 21,038.31

142.32 1,518.18 5,610.00

61,035.62 395.96 107.86 132.25 300.00

50.00 5,213.10

299.36 235.39 219.40

30,679.04 90.75

2,061.48 2,668.48

573.37 237.96 519.49 504.49

1,128.16 251.29 311.97 282.29

7.04 157.51 848.50 499.75 129.25 45.92

755.00 530.00 192.08

13,240.07 590.10 924.00 42.88

765.00 24.15

809.20 663.54 268.00 49.50

7,!92.60 152.68 65.00

267.00 261.72

36 .. 60 132.50 918.76

1,740.20 87.69

266.95 8,422.25

960.00

I 3

CHECKNBR CKDATE VENDOR AMOUNT 219829 8/7/2008 1 HD SUPPLY WATERWORKS, LTD 9,790.92 219830 8/7/2008 1 ECOTECH CONSULTANTS INC 9,840.66

. 219831 8/7/2008 1 ALL-RITE WATER CONDITIONING 409.95 219832 8/7/2008 1 VERO BEARING & BOLT 25.27 219833 8/7/2008 1 SKATE FACTORY 380.25 219834 8/7/2008 1 PROFORMA IMAGING 28.75 219835 8/7/2008 1 FLORIDA VETERINARY LEAGUE 26.00 219836 8/7/2008 1 ELPEXINC 1,155.98 219837 8/7/2008 1 FIRESTONE COMPLETE AUTO CARE 3,073.47 219838 8/7/2008 1 ST LUCIE BATTERY & TIRE CO 89.95 219839 8/7/2008 1 PARAGON ELECTRIC INC 9,699.95 219840 8/7/2008 1 BARTH CONSTRUCTION INC 34,059.25 219841 8/7/2008 1 ALLIED UNIVERSAL CORP 5,679.51 219842 8/7/2008 1 HOMELAND IRRIGATION 167.79 219843 8/7/2008 1 THE EXPEDITER 223.40 219844 8/7/2008 1 VEROBOWL 481.00 219845 8/7/2008 1 XEROX CORP SUPPLIES 181.30 219846 8/7/2008 1 LAPSCOINC 144.00 219847 8/7/2008 1 CARQUEST AUTO PARTS 1,271.13 219848 8/7/2008 1 GOODYEAR AUTO SERVICE CENTER 312.39 219849 8/7/2008 1 BLAKESLEE MAINTENANCE 760.00 219850 8/7/2008 1 BAKER & TAYLOR ENTERTAINMENT 1,464.08 219851 8/7/2008 1 BARNEYS PUMP INC 18,690.00 219852 8/7/2008 1 MIDWEST TAPE 117.44 219853 8/7/2008 1 ARAMARK UNIFORM SERVICES 861.67 219854 8/7/2008 1 LOWES CO INC 1,388.27 219855 8/7/2008 1 ODYSSEY MANUFACTURING CO 8,630.50 219856 8/7/2008 1 PRECISION CONTRACTING SERVICES INC 19,179.75 219857 8/7/2008 1 PAKMAIL 371.23 219858 8/7/2008 1 SOUTHERN COMPUTER WAREHOUSE 2,713.68 219859 8/7/2008 1 FIRSTLAB 656.50 219860 8/7/2008 1 NEC UNIFIED SOLUTIONS INC 159.07 219861 8/7/2008 1 SUN BELT MEDICAL 2,425.18 219862 8/7/2008 1 THE PENWORTHY COMPANY 619.84 219863 8/7/2008 1 SOUTHERN EMBROIDERY WORKS 17.80 219864 8/7/2008 1 SOFTWARE HOUSE INTERNATIONAL 1,165.50 219865 8/7/2008 1 FLORIDA BOLT & NUT CO 251.52 219866 8/7/2008 1 RELIABLE POLY JOHN 458.15 219867 8/7/2008 1 SEBASTIAN OFFICE SUPPLY CO 562.93 219868 8/7/2008 1 HARBOR BRANCH ENVIRONMENTAL LAB INC 5,480.00 219869 8/7/2008 1 ALL FLORIDA GMAC REAL ESTATE 575.00 219870 8/7/2008 1 ASHWORTH INC 360.33 219871 8/7/2008 1 FLORID AFFINITY INC 1,331.00 219872 8/7/2008 1 SUMMIT CONSTRUCTION MANAGEMENT INC 161.00 219873 8/7/2008 1 CITY OF VERO BEACH 81,922.19 219874 8/7/2008 1 RUBBER STAMP EXPRESS & MORE INC 38.34 219875 8/7/2008 1 CAMP DRESSER & MCKEE ll-!C 19,601.53 219876 8/7/2008 1 INDIAN RIVER ALL F AB 283.00 219877 8/7/2008 1 AT&T 133.29 219878 8/7/2008 1· AT&T 4,449.00 219879 8/7/2008 1 AT&T 62.00 219880 8/7/2008 1 UNITED PARCEL SERVICE 12.61 219881 8/7/2008 1 ALLIED TRAILER SALES & RENTALS 150.00 219882 8/7/2008 1 PETTY CASH 71.49 219883 8/7/2008 1 FLORIDA EAST COAST RAILWAY COMPANY 14,988.00 219884 8/7/2008 1 KYLES RUN APARTMENTS 1,171.00 219885 8/7/2008 1 JANITORIAL DEPOT OF AMERICA 1,527.66 219886 8/7/2008 1 FLORIDA DEPT OF COMMUNITY AFFAIRS 675.60 219887 8/7/2008 1 INDIAN RIVER COUNTY UTILITIES 981.21 219888 8/7/2008 1 TOTAL TRUCK PARTS 296.23

2 4

CHECKNBR CKDATE VENDOR AMOUNT 219889 8/7/2008 1 FOOTJOY 572.63 219890 8/7/2008 1 GEOSYNTEC CONSULTANTS INC 75,611.65 219891 8/7/2008 1 NEC UNIFIED SOLUTIONS INC 742.50 219892 8/7/2008 1 OFFICE DEPOT BSD CUSTOMER SVC 1,917.25 219893 8/7/2008 1 CHAMBER OF COMMERCE 39,935.43 219894 8/7/2008 1 PROFESSIONAL TITLE 20,000.00 219895 8/7/2008 1 FEDERAL EXPRESS 131.43 219896 8/7/2008 1 CENTRAL A/C & REFRIGERATION SUPPLY 7.95 219897 8/7/2008 1 COMO OIL COMPANY OF FLORIDA 1,974.81 219898 8/7/2008 1 KILPATRICK TURF EQUIPMENT INC 173.79 219899 8/7/2008 1 DONNY LAWLESS 162.00 219900 8/7/2008 1 NEXTEL COMMUNICATIONS 1,569.32 219901 8/7/2008 1 SCRIPPS TREASURE COAST PUBLISHING 539.76 219902 8/7/2008 1 CORPORATION OF THE PRESIDENT 11.00 219903 8/7/2008 1 FLORIDA POWER AND LIGHT 21,501.84 219904 8/7/2008 1 FLORIDA POWER AND LIGHT 2,237.23 219905 8/7/2008 1 FLORIDA POWER AND LIGHT 3,478.75 219906 8/7/2008 1 SHELL CREDIT CARD CENTER 47.00 219907 8/7/2008 1 CHARLES SEMBLER TAX COLLECTOR 1,287.17 219908 8/7/2008 1 CHEM-WARECORP 898.36 219909 8/7/2008 1 VETERANS COUNCIL OF I R C 6,608.38 219910 8/7/2008 1 STATE ATTORNEY 837.13 219911 8/7/2008 1 CITY OF FELLSMERE 165.06 219912 8/7/2008 1 CIDLBERG CONSTRUCTION CO INC 181.00 219913 8/7/2008 1 WASTE MANAGEMENT 63.00 219914 8/7/2008 1 HIBISCUS CHILDRENS CENTER 73.00 219915 8/7/2008 1 STATE OF FLORIDA 7.72 219916 8/7/2008 1 SUZANNE VITUNAC 706.00 219917 8/7/2008 1 HOMELESS FAMILY CENTER INC 5,837.25 219918 8/7/2008 1 CHRISTOPHER R MORA 422.19 219919 8/7/2008 1 TREASURE COAST SPORTS COMMISSION 5,711.72 219920 8/7/2008 1 COX GIFFORD SEA WINDS 1,100.00 219921 8/7/2008 1 INDIAN RIVER COUNTY HEALTHY START 10,138.89 219922 8/7/2008 1 GIFFORD COMMUNITY CENTER 4,203.80 219923 8/7/2008 1 HENRY SMITH 40.00 219924 8/7/2008 1 PITNEY BOWES INC 173.57 219925 8/7/2008 1 RANDALL GODWIN 162.00 219926 8/7/2008 1 DAVIDA HAYS 11.80 219927 8/7/2008 1 FLORIDA WATER RESOURCES CONFERENCE 250.00 219928 8/7/2008 1 FLORIDA WATER RESOURCES CONFERENCE 250.00 219929 8/7/2008 1 INDIAN RIVER COUNTY HISTORICAL 977.97 219930 8/7/2008 1 COM CAST 78.14 219931 8/7/2008 1 WHITE DIRECTORY OF FL INC 627.00 219932 8/7/2008 1 BROWN & CALDWELL 1,462.95 219933 8/7/2008 1 ADVANCED XERORAPHICS IMAGING SYS 2,658.03 219934 8/7/2008 1 SHELBY M & TERRILL J GINN 50.00 219935 817/2008 1 TIMGElB 126.00 219936 817/2008 1 ISLAND TITLE AGENCY 42,105.93 219937 817/2008 1 ISLAND TITLE AGENCY 42,105.93 219938 817/2008 1 C & C ELECTRIC WORKS INC 2,205.00 219939 817/2008 1 ROSSWAY MOORE & TAYLOR 3,362.67 219940 817/2008 1 FORT PIERCE HOUSING AUTHORITY 339.40 219941 817/2008 1 GCR TIRE CENTERS 319.12 219942 8/7/2008 1 GENAPURE ANALYTICAL SERVICES INC 25,208.00 219943 8/7/2008 1 RECHTIEN INTERNATIONAL 360.13 219944 817/2008 1 THE PALMS AT VERO BEACH 653.00 219945 817/2008 1 SHELTRA & SON CONSTRUCTION INC 415,371.60 219946 8/7/2008 1 SHELTRA & SON CONSTRUCTION INC 1,059,478.02 219947 8/7/2008 1 HALE CONSTRUCTION INC 735.14 219948 817/2008 1 THE TRANE COMPANY 200,969.38

3 5

CHECKNBR CKDATE VENDOR AMOUNT 219949 8/7/2008 1 FLAGLER CONSTRUCTION EQUIPMENT LLC 69.78 219950 8/7/2008 1 GREAT SOUTHERN CONSTRUCTION 22.65 219951 8/7/2008 1 VERIZON WIRELESS 626.32 219952 8/7/2008 1 STRAFFORD PUBLICATIONS INC 197.00 219953 8/7/2008 1 HEARNDON CONSTRUCTION INC 36.00 219954 8/7/2008 1 GPSERVINC 126.00 219955 8/7/2008 1 FLORIDA DEPT OF JUVENILE JUSTICE 37,013.09 219956 8/7/2008 1 KEVIN HANSEN 10.70 219957 8/7/2008 1 SYNAGRO 48,528.48 219958 8/7/2008 1 BIG BROTHERS AND BIG SISTERS 2,317.30 219959 8/7/2008 1 FLINT TRADING INC 70.20 219960 8/7/2008 1 ATLANTIC TRUCK CENTER 75.04 219961 8/7/2008 1 TREASURE COAST RADIATOR 1,824.00 219962 8/7/2008 1 STONE BROTHERS FUNERAL HOME 800.00 219963 8/7/2008 1 VERO BEACH STOR-ALL LTD 36.00 219964 8/7/2008 1 BRADLEY JAMES 5,200.00 219965 8/7/2008 1 STEPHANIE MOONEY 50.00 219966 8/7/2008 1 FLORIDA SHUTTERS,INC 2,777.60 219967 8/7/2008 1 CAPITAL OFFICE PRODUCTS 908.81 219968 8/7/2008 1 ARIZONA DEPARTMENT OF REVENUE 326.42 219969 8/7/2008 1 W.F. MCCAIN & ASSOCIATES INC. 1,891.34 219970 8/7/2008 1 CHERYL MURRAY 50.00 219971 8/7/2008 1 SRIXON 628.89 219972 8/7/2008 1 BEACHLAND CLEANING SERVICE 675.00 219973 8/7/2008 1 TREASURE COAST FOOD BANK 251.95 219974 8/7/2008 1 GEOGRAPHIC TECHNOLOGIES GROUP INC 4,500.00 219975 8/7/2008 1 WOODLAWN MANOR MOBILE HOME PARK 409.00 219976 8/7/2008 1 STEVE FAISON 90.00 219977 8/7/2008 1 LARRY BROWN 110.00 219978 8/7/2008 1 OSITECH COMMUNICATION INC 1,037.00 219979 8/7/2008 1 SALVATION ARMY 362.00. 219980 8/7/2008 1 JOE RIVERA 54.00 219981 8/7/2008 1 DANE PFARR 90.00 219982 8/7/2008 1 FLORIDA CONCRETE PIPE CORP 1,428.48 219983 8/7/2008 1 VOYAGER FLEET SYSTEMS INC 21,455.24 219984 8/7/2008 1 VERO VILLAGE LLC 102,937.32 219985 8/7/2008 1 APPRAISAL ASSOCIATES OF THE 300.00 219986 8/7/2008 1 BRILLIANCE AUDIO 67.52 219987 . 8/7/2008 1 1ST FIRE & SECURITY INC 725.00 219988 8/7/2008 1 KENNY CAMPBELL JR 269.50 219989 8/7/2008 1 MIKES LAWN AND LANDSCAPE 1,250.00 219990 8/7/2008 1 DORMAN & GUTMAN P L 259.00 219991 8/7/2008 1 PRO SWEEP CENTRAL FLORIDA 4,927.54 219992 8/7/2008 1 CHRIS COFFEY 295.00 219993 8/7/2008 1 P&SV,LLC 34,770.00 219994 8/7/2008 1 JOHNNY B SMITH 345.00 219995 8/7/2008 1 MARK HEBERLING 126.00 219996 8/7/2008 1 KGPLLC 175.00 219997 817/2008 1 INFO PRINT SOLUTIONS COMPANY LLC 1,755.00 219998 817/2008 1 TERRYTANKERSLY 72.00 219999 817/2008 1 ARTISTIC FIRST FLORIST 58.95 220000 8/7/2008 1 COMMUNITY CHURCH 916.00 220001 817/2008 1 CHASE HOME FINANCE 9,800.00 220002 817/2008 1 CHARLES A WALKER 162.00 220003 8/7/2008 1 JESSE MILLIMAN 330.00 220004 8/7/2008 1 FISHER & PHILLIPS LLP ATTORNEYS AT LAW 1,826.40 220005 817/2008 1 NORTH CYPRESS RESERVE INC 11,063.71 220006 8/7/2008 1 MEREDITH BROWN 299.00 220007 817/2008 1 ROB MOORE 330.00 220008 8/7/2008 1 CEMEX 541.52

4 6

CHECKNBR 220009 220010 220011 220012 220013 220014 220015 220016 220017 220018 220019 220020 220021 220022 220023 220024 220025 220026 220027 220028 220029 220030 220031 220032 220033 220034 220035 220036 220037 220038 . 220039 220040 220041 220042 220043 220044 220045 220046 220047 220048 220049

Grand Total:

CKDATE 817/2008 1 817/2008 1 817/2008 I 817/2008 I 817/2008 1 817/2008 1 817/2008 I 817/2008 1 817/2008 I 817/2008 1 817/2008 1 817/2008 I 817/2008 1 817/2008 1 817/2008 I 817/2008 I 817/2008 1 817/2008 1 817/2008 I 817/2008 1 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 1 817/2008 1 817/2008 1 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I 817/2008 I

VENDOR AARON BISHOP HALLS LANDSCAPING INC PANTRY INC

AMOUNT 201.00 362.00

GUARDIAN COMMUNITY RESOURCE MANAGEMENT MEADE, JEFFREY S

22,550.39 2,000.00 1,000.00 2,090.01 JOSEPH M FLAMMIO

VIRGINIA BRIDGER CODY & ASSOCIATES INC PREMIER FENCING LLC VERO CHRISTIAN CHURCH US KIDS GOLF GMRJ INC #1737 DfBIA OLIVE GARDEN DYER CHEVROLET ROBERT BAILEY VERO INVESTMENT 53 LLC SAFER ROADS TRICIASNOW NANCY J OUELLETTE SKOKIE HOLDINGS INC LILIAN N BEUTTELL EDWIN BOYD JR STEVE SUPPLEE CONSTRUCTION LLC MICHELE CRAIG LAUREN BUTLER KARl WETHERALL SHEILA SCOTT SOUTH FLORIDA BORING INC HOWARD KOSTORIS MATTHEW CRAIG YOUNGS MARKET FIRST PEOPLE BANK MOUNT ZION BAPTIST CHURCH LAMBERT PROPERTIES LTD PTNR GRAND BANK & TRUST OF FLORIDA M&M AUTO WHOLESALERS K&M PROPERTIES OF FLORIDA LLC K&M PROPERTIES OF FLORIDA LLC INCOM PROPERTIES OF OSLO ROAD A S ROSENTHAL PA TA OPERATING LLC PREMIER DESIGN HOMES

39.00 12,750.00 28,911.00

73.00 27.30

11,173.58 179.25 505.00 812.00

2,792.77 . 625.00 349.00 441.00 421.00

26.42 16,950.00

50.00 40.00 50.00 50.00

150.00 75.00

300.00 55.99

14,592.24 181.00 362.00 362.00

36.00 3,623.00

94.00 1,635.45

10,150.20 22,421.31

8,354.77 2,931,903.69

5 7

Office qf Consent Agenda

INDIAN RIVER COUNTY ATTORNEY

TO:

OAT

RE: Approval of Florida Power & Light (FPL) Easement Golden Sands Park Project

The attached FPL Easement is necessary for the construction of utility improvements at the Golden Sands Park property.

Recommendation:

Staff recommends that the Board approve and execute the FPL easement attached to this item.

~ l:ulhm River Co. Apj!!oved Date

r:min . ( let 811'1/0"-.. .

.sv. Atty. '(7, -~

.<

.Hudget ; )I [~~f too: _f.!! I t... \.)~ ,~ b11

lfl>e""- 1~ . ./ ~/t3/ti( v '

8

Work Request No.

Sec.14, Twp 31S, Rge 39E

Parcel I.D. #31391400000002000004.0

(Maintained by County Appraiser)

Form 3722 (Stocked) Rev. 7/94

EASEMENT This Instrument Prepared By

Name: Patricia Blardinelli Co. Name: Florida Power & Light Company Address: 3301 Orange Ave

Ft Pierce, Fl. 34947 pg 1 of ;a.

The undersigned, in consideration of the. payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the

·construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in wiqth described as follows: '-'""'"'""''!l.l"!!L""'circ"'"""itc,oo!!!!•------------

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and laycable ana conduit within tne easement ana to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or aangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or·through said property. . . ·

IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 2008.

Attest: J. K. Barton, Clerk

By _______________________ ~------

Deputy Clerk

(Affix County Seal)

INDIAN RIVER COUNT~ FLORIDA BOARD OF COUNTY CuMMISSIONERS

By: _________________ _

Print Name: Sandra L. Bowden, Chairman

Print Address: 1801 2?'' Street, Vera Beach, FL 32960

BCC Approval date 8/19/2008

(Per Florida Statutes Chapter 125, County document does not require an acknowledgment for recordation.)

9

r EXI-IIBIT 11A 11

LEGAL DESCRIPTION A PORTION OF THAT PART OF GOVERN1'1ENT LOT 2. SECTION 14. TOWNSHIP 31 SOUTH. RANGE 39 EAST LYING EAST OF STATE ROAD A-1-A. LESS THE NORTH 100' THEREOF AS RECORDED IN O.R.B. ttt. PG. 2891 t O.R.B. t1t, PG. 2111 !AKA GOLDEN SANDS PARKJ INDIAN RIVER COUNTY. FLORIDA AND BEING 1'10RE PARTICULARLY DESCRIBED AS FOLLOWS:

C01'11'1ENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID GOVERNNENT LOT 2 AND THE EAST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A RUN N 21'21'50" W ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A. A DISTANCE OF 222.30 FEET FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND.

THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE RUN N 2"1'2"1'50. W, A DISTANCE OF 10.00 FEET: THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE RUN N 65'35'10" E. A DISTANCE OF 33.08 FEET: THENCE RUN S 2"1'21'50" E. A DISTANCE OF 10.00 FEET: THENCE RUN S 65'35'/0" Ul. A DISTANCE OF 33.08 FEET: TO THE POINT OF BEGINNING:

330.85 SQUARE FEET OR 0.01 ACRES OF LAND. NORE OR LESS. AND SUBJECT OF EASENENTS. RESTRICTIONS AND RESERVA T/ONS OF RECORD.

CE~TIFIED TO: FLORIDA POWER t LIGHT INDIAN RIVER COUNTY. FLORIDA 0/INDSOR PROPERTIES

LEGEND 4 A66REVIATION5: PLS. - PROFESSIONAL LAND SURVEYOR PStf - PROFESSIONAL SURVEYOR t NAPPER LB - LAND SURVEYING BUSINESS POC - POINT OF C011/1ENCE/1ENT POB - POINT OF BEGINNING R/U/ - RIGHT OF UJA Y SEC. - SECTION TUIP. - TOWNSHIP

R - RADJUS L - LENGTH il. - DELTA ANGLE

R.P. - RADIUS POINT 0 - FOUND CONCRETE

MONUMENT (C.M.)

REPORT OF 5URVEY: (F~OJECT 1108-028) ~ TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION

NOT A BOUNDARY SURVEY

~ THIS SURVEY PERFORI1ED BY: HOUSTON. SCHULKE. BITTLE I STODDARD, INC. LB 'S05

1711 /liD/All RIVER BLVD. SUITE 10/ VERO BEACH. FLORIDA 32~,0-08'1

~ PROFESSIONAL SURVEYOR I 11APPER IN RESPONSIBLE CHARGE:

STUART A. HOUSTON, P.L.S. #1190

~ THIS SURVEY 11EETS OR EXCEEDS ALL APPLICABLE REQUIRE/1ENTS OF THE 11/NI/1U/1 TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 'IGIH OF THE FLORIDA AD/11/IISTRA TIVE CODE. .

~ THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N21'21'50"UI, ALONG THE EAST RIGHT -OF-UIA Y LINE OF STATE ROAD A-1-A LOCATED IN SECTION 11. TOWNSHIP 31 5, RANGE 3g E II/DIAN RIVER COUNTY. FWRIDA BASED 011 INDIAN RIVER GPS CONTROL DATA FOR GPS STATION GPS ItO I NGS 110NU/1ENT 88-18-A/0 R/12.

~ NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR 111PLIED.

r HOUS!ON, SCIIfJl!l/4 BJJTlE & S!ODDNUJ, INC THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND 11APPER NAI1ED BELOUI. PROFESSIONAL LAND SURVEYORS & MAPPERS

Certificate of Auth01ization: LB 6905 1717 Indian River Blvd · SuHe 101, Vero Beach, Florida 32960 phpne: (772) 794 • 1213 facsimile: (772) 794 · 1096

'- e-milll: [email protected] STUART A. HOUSTON. P.L.S. #119f n)

SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY

------ -ATLANTIC OCEAN ---- -. - -:-~/" E- ---;,~81'- ~22'3/33--:;-_ - S 22S/33-.- -- -Eb---==- - - -· - ----'- ~· __ 5 E 1 /iEtJi HIGH WATER liNE ~ ·- 83.£1 T &--...L-- ....12B.fJ~ _j_j1'3W£" £_188.51' _ =:yr- _

ELEVATION " lS2 NGVD 2S. . I 0512112005 I GRAPHIC SCALE ~ I 7 1~0 1 510 1~0 $1

~1 ~ -_7 ( IN 'FEET ) r

?$ /987 COASTAL CONSTRUCTION~::: u: 100

ft. I _.,.._ . 5:?5'18'13'£ 118.~1' . . _!PLAT BOOK_O. PAGE 321 . . S?1'2l'I8'E 3llW ·~ . . _ .. _ 516'0{ 18'£ 155. 11" -··-I I

I INDIAN RIVER COUNTY I I TAX ID j: 31391400000002000004.0 I ALL OF THAT PART OF GOVERNMENT LOT 1,

i$/ 2 SECTiON 14, TOWNSHIP 31 SOUTH. :(:; c• RANGE 39 EAST /~

LYING EAST OF STATE ~If;: ROAIJ A-1-A, LESS THE NORTH 400' ltl'ffj I THEREOF AS RECORDED IN O . .R.B. 666, PG. tvl$

2891 ci: O . .R.B. 676, PG. 2114 ~/!!} I (AKA GOLDEN SANDS PARK) ~!& . "' INDIAN .R.IVER COUNTY. FLO.R.IDA 7.!!..

.&7 l~,t~ .. ~i ~~ ~ FLORIDA POWER & ~" I LIGHT EASEMENT I@'

I Si5'35101D I F. 0. c. Nt5'3510'E , 33.08' FOUND 1'x1' CONCRETE 110NU/1ENT

33.08' F.O.B. ~"' WITH DRILl HOLE INO ID.J ~,2-1 _ _ __ _ _ __ _ _ _ __ N2£2J.W1D 222.32'_ \ I_ASTERLY RIGHT OF WAr LINE S.R. A-1-A

N24'2f5q'UJ j "- 1 - -- - - ""iimffojj' - -- - - -- " -~--.!!IO::::.oo L_ '7 -· . ---- _ -:: -~~---- -_-- .:: -_-- -·S ---R-· A 1-A=r- ·-t·'~ -=-"==--:::='---=--- ·• -

--·-- <::;-------- -- • • - - "-'(::; ; . - <!. -. .----=- ( 1 00' R!W) .. ,. --=j==s< ·

l N21'2<50'm 1 I -- ----~~~~!,[~2~f~·i ________ _ HOlJSf()fl{ 9CIIlJJ!j{£ BlT!IE & f!J()JJJJARJJ, INC PROFESSIONAL LAND SURVEYORS & MAPPERS

Certificate of Auth01ization: LB 6905 1717 Indian River Blvd - Suite 202 C, Vera Bead!, Florida 32960 phone: (772) 794 - 1213 facsimile: (772) 794 - 1096

e-mail: [email protected]

THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND NAPPER NA/1ED HEREON WHICH SIGNATURE AND SEAL 11A Y BE FOUND AT THE END OF THE ATTACHED REPORT THE PLAT AND REPORT ARE NOT FULL AND C0/1PLETE lil/THOUT ONE ANOTHER.

Plat or Survey ror: FLORIDA POWER I LIGHT INDIAN RIVER COUNTY, FLORIDA WINDSOR PROPERTIES PROJ. NO. 08-028 DWN. BY, TB CKD. By, S.A.H. DATE, 8/05/08 SCALE, /'=100'

Office of Consent 08/19/08

INDIAN RIVER COUNTY ATTORNEY

William G. Collins 11, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A Glenn, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board ofCounty Commissioners

William K. DeBraal, Deputy County Attorney ~ August13,2008

Parking Agreement with First United Methodist Church

Since construction of the courthouse parking garage, visitors to First United Methodist Church have used the public parking facility mainly in the evenings and on weekends. The County is not aware of any complaints concerning the Church's use of the parking garage.

Likewise, the Church has permitted courthouse visitors to park oversized vehicles such as trucks and trailers that are not able to fit into the parking garage. The Church has permitted these oversized vehicles to be parked on their parking lot when the drivers must attend jury duty, court proceedings or conduct business at the courthouse. The County has been approached by the Church to reduce this reciprocal use to writing. The attached agreement is patterned after the agreement the County has with First Baptist Church for use of the library parking lot.

Recommendation: Staff recommends the Board approve the reciprocal Agreement.

Please contact our office with any questions.

CC: Dr. Charles Lever, Pastor, First United Methodist Church

tndian Riv« Ce. Dale

Admin.

Legal

12

For Recording Department Use

AGREEMENT

THIS AGREEMENT, entered into this _ day of , 2008, by and

between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

1801 2th Street, Vera Beach, Florida 32960 (COUNTY), and FIRST UNITED

METHODIST CHURCH OF VERO BEACH, INC., a Florida nonprofit corporation, 1750

20TH Street, Vera Beach, Florida 32960 (CHURCH),

WITNESSETH:

WHEREAS, the COUNTY owns and maintains a public parking garage directly

west of the Courthouse and directly east of the CHURCH; and

WHEREAS, the parking garage mainly serves the needs of people using and

visiting the Courthouse; and

WHEREAS, the parking garage cannot accommodate oversized vehicles such as

commercial vans, dual wheeled pick-up trucks and semis, because of height

restrictions; and

WHEREAS, people who drive oversized vehicles need to visit the Courthouse for

jury duty, trials or to carry out various other services that take place at the Courthouse;

and

WHEREAS, the CHURCH has traditionally allowed Courthouse visitors to park

oversized vehicles on CHURCH property; and

1

13

WHEREAS, visitors to the CHURCH have been allowed to use the parking

garage to park their vehicles while they attend church functions as the functions are

typically when the Courthouse is closed in the evenings and on weekends; and

WHEREAS, the parties wish to set forth their mutual agreements in writing;

NOW THEREFORE, in consideration of the mutual covenants contained in this

Agreement, the COUNTY and the CHURCH agree as follows:

1. The COUNTY shall be permitted to use property owned by the CHURCH

for the parking of oversized vehicles used by visitors to the Courthouse. The COUNTY

or the Clerk of the Court may publish information as to the parking of oversized vehicles

in any jury summons, subpoenas or other notices it may send out. The COUNTY will

normally utilize the above parking lot during normal business hours on weekdays.

2. In return for the use by the COUNTY of this parking lot, the COUNTY

agrees allow the CHURCH to continue using the Courthouse parking garage for visitor

parking primarily on weekends and evenings.

3. The COUNTY and CHURCH may jointly promulgate reasonable rules and

regulations of the parking areas.

4. The COUNTY and the CHURCH shall jointly utilize the above property for

parking for an indefinite term of the years from the date of this Agreement.

5. During the term of this Agreement, if the CHURCH desires to construct a

building on the property or otherwise utilize the property for its sole use, then, in that

event, the CHURCH may cancel this Agreement lease by giving the COUNTY at least

ninety days written notice. During the term of this Agreement. if the Countv desires to

2

14

utilize the parking garage for its sole use. then the County may cancel this Agreement

by giving the Church at least ninety days written notice.

6. To the extent allowed by law, the COUNTY agrees to hold the CHURCH

harmless from any and all claims for damages which may occur as a result of the use

by the COUNTY of this parking lot during the time the public is allowed to use the lot,

except for claims which arise out of the sole negligence on the part of the CHURCH.

7. To the extent allowed by law, the CHURCH agrees to hold the COUNTY

harmless from any and all claims for damages which may occur as a result of the use

by the CHURCH of this parking garage during the time the visitors to the CHURCH are

allowed to use the garage, except for claims which arise out of the sole negligence on

the part of the COUNTY.

8. The CHURCH agrees to include the COUNTY as an additional insured for

all liability for the damages for any occurrence on the parking lot property.

WITNESSES:

As to CHURCH

ATTEST:

J. K. Barton, Clerk

By~--~~~----------Deputy Clerk

APPROVED AS TO FORM AND~EGAL rFICIENC:P. sJ)Ahe _{)j),

WI~~IAM K. DEBRAAL DEPUTY COUNTY ATTORNEY

FIRST UNITED METHODIST CHURCH OF VERO BEACH, INC.

By __ ~~--~--~~~--Chairman, Board of Trustees

BOARD OF COUNTY COMMISSIONER OF INDIAN RIVER COUNTY

By~~--~~~~~~---Chairman, Sandra L. Bowden

Approved: ------------------

3

15

Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

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

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM


Joseph A. Baird County Administrator

August 11,2008

Out of County Travel to attend Florida Association of Counties 2008-09 Policy Committee Conference

Authorization is requested for out of county travel for Commissioners and staff to attend the 2008-09 Florida Association of Counties 2008-09 Policy Committee Conference September 24 -26, 2008, Clearwater Beach, Florida.

Indian River Co Approved Date

Administrator ~· <l I ~t~!IJ'r( ' ' ,

August 19, 2008

16

F---1·-. o··· ·R·· ···1· D;-.IA_· · ·- -, : .I , •, ~ : <- • , '

' . ' ·. ·. · .. ' ·,

A&SOCI.·\TION OF

COUNTIES I . -,-, . .

__ I All About Florida

17

/~ FA~

FLORIDA ASSOCIATION OF COUNTIES 2008 Policy Committee Conference

FLORIDA ASSOCIATION OF COUNTIES

All About l'lorida

Wednesday, September 24

8:30 a.m. -4:00 p.m. 4:00 p.m. - 6:00 p.m. 4:30 p.m. - 6:00 p.m. 6:00 p.m. - 7:00 p.m.

Thursday, September 25

7:00a.m.- 4:30p.m. 7:00a.m.- 9:00a.m. 7:00 a.m. - 7:45 a.m. 7:45 a.m. - 9:00 a.m. 7:45 a.m. - 9:00 a.m. 9:15a.m. -10:30 a.m. 10:30 a.m.- 10:45 a.m. 10:45 a.m.- 12:15 p.m. 12:30 p.m. - 1 :30 p.m. 12:30 p.m.- 1 :30 p.m. 1 :45 p.m. - 4:30 p.m.

2:00p.m.- 5:00p.m. 3:00p.m.- 3:15p.m. 4:00 p.m. - 6:00 p.m. 6:30 p.m. - 7:30 p.m.

Friday. September 26

7:30 a.m. - 9:00 a.m. 9:00a.m. -12:00 p.m.

Hilton Clearwater Beach Resort Pinellas County

September 24-26, 2008

Strategic Planning Committee Registration Desk Open FAC Executive Committee Reception

Registration Desk Open Continental Breakfast Small County Coalition Rural Caucus Meeting Urban Caucus Meeting Health & Human Services Committee Meeting Break Public Safety Committee Meeting Networking Lunch FCF Board of Directors Working Lunch Finance, Transportation & Administration Committee Meeting County Managers Meeting Break FAC Board Member Orientation and Meeting Reception

Continental Breakfast Growth, Environmental Planning & Agriculture Committee Meeting

18

Welcome to the Florida Association of Counties Page 1 of 1

FLORIDA ASSOCIATION OF

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Search our website' . ·: j k.~·~.§-~~h .J COUNTIES

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• ~~oo.:;et.):

FAC 2008-09 Policy Committee Conference

Hilton Clearwater Beach Resort- Pinellas County

September 24-26, 2008

The 2008-09 Policy Committee Conference will be held September 24-26 in Pinellas County. This

event brings together the Legislative Policy Committees to examine the Association's agenda for

the next legislative session.

HOT TOPICS

The potential acquisition of US Sugar by the South Florida Water Management District (SFWMD)

has piqued the interests of counties- both affected and not. Representatives from the Governor's

Office of Tourism Trade and Economic Development (OTTED) and the SFWMD will provide

details of the proposed acquisition, and update us on the purchase deal or the latest in the

negotiations. Additionally, the Florida Department of Transportation will be on hand to discuss the

Strategic lntermodal Syslem (SIS).

REGISTRATION

Below are links to Online Registration and the Preliminary Schedule of Events. Because this

meeting has evolved over the years into a full conference, FAC will now charge a registration fee.

Please be sure to submit your registration form with payment by the deadline of Friday,

September 19,2008. After September 19, the fee will increase $50.

• Online Registration

• Registration Form [PDF] (mail or fax)

• Preliminary Schedule of Events [PDF]

HOTEL INFO

FAC has secured a block of rooms at the Clearwater Beach Hilton, 400 Mandalay Avenue,

Clearwater Beach, FL 33767. The reduced room rate for FAC attendees is $129 single/doub!e,

plus applicable taxes. Make reservations by calling (800) 753-3954; ask for the FL Assoc. of

Counties room block. Room reservations must be made by August 24, 2008.

cancellations must be made 72 hours prior to arrival to avoid paying a penalty equal to one

night's room rate and tax. An early check-out fee equal to one night's room rate and tax may

also be assessed; to avoid an early check-out fee, you should advise the front desk before or

upon check-in of any change in planned length of stay.

© 2005 Florida Association of Counties 850.922.4300 · P.O. Box 549 Tallahassee, Fl. 32302

http://fl-counties.corn!fc£'facconferences/policymeetings.shtml 8/8/2008 19

00 FLORIDA ASSOCIATION OF COUNTIES All About Florida

FLORIDA ASSOCIATION OF COUNTIES 2008-09 Legislative Policy Committee Conference

Hilton Clearwater Beach Resort (Pinellas County) September 24-26, 2008

FIRST NAME: _____________ LAST NAME:--------------

FIRST NAME/NICKNAME (to appear on name badge):----------------------COUNTY/COMPANY: ____________________________ _

TITLE/POSITION OR GUEST OF:---------------------------MAILING ADDRESS: ______________________________ _

CITY: _________________ STATE: _____ ZIP:--------

TELEPHONE: FAX: --------------EMAIL: __________________________________ _

PAYMENT MUST ACCOMPANY ALL REGISTRATIONS TO BE PROCESSED

Method of Payment:: Check VISA MasterCard

Credit Card #: Exp. Date: __ / __ _

Cardholder's Name: _______________ Signature:----------------

Pre~registration

(Postmarked on or before September 19

County Commissioner/County Staff $150 Non-county Govt. Employees (City, State, Federal) $200 Spouse/Non-Business GuesVChildren 18+ $ 50

On-Site Fee (Postmarked on or after September 20)

$200 $250 $ 65

SPECIAL NEEDS: -If you are physically challenged and require special services, please attach a written description to this form.

CONFERENCE REGISTRATION CANCELLATIONS: Refund of conference registration fee, less an administrative fee of $50,

will be allowed provided written or faxed notice of cancellation is received by FAC on or before September 19. 2008. No refunds will be considered after September 19. 2008. No telephone or verbal cancellations will be accepted.

MEETING MATERIALS: Meeting materials will be sent electronically to all registered attendees by Wednesday, September 17, for review prior to the conference. Hard copies of the meeting materials will be distributed on-site.

20

I INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMW ATER DIVISION 4375 43rd A VENUE VERO BEACH, FLORIDA 32967 Phone: (772) 226-3478 Fax: (772) 226-3481

MEMORANDUM for CONSENT AGENDA

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

SUMMARY

Joseph A. Baird, County Administrator / ~·

James W. Davis, P.E., Public Works Direct~,/ I/ W. Keith McCully, P.E., Esq., Stormwater EngineertU;J4

CONSENT AGENDA- APPROVAL OF WORK ORDER NO. MC1 WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER QUALITY TESTING AND SUPPORT SERVICES FOR THE MAIN RELIEF CANAL POLLUTION CONTROL SYSTEM

August 5, 2008

When the Main Relief Canal Pollution Control System is operational, an FDEP/EPA grant requires considerable influent and effluent water quality monitoring and reporting. The water quality monitoring and reporting period will last at least one year. The purpose of this agenda item is to request approval of Work Order No. MC1 with Peninsula hydrologic Data Specialists, Inc. (PhDS), for providing, operating, and maintaining the necessary water sampling equipment.

The engineering fee for this Work Order is $23,475.00. Note that the work under this Work Order is specialized and only a few firms

provide the necessary services. Proposals were solicited from three companies: PhDS, Inc., Genapure Analytical Laboratories, and Sanders Laboratories. The only firm to respond was PhDS, Inc.

RECOMMENDATIONS Staff recommends the Board of County Commissioners approve Work Order No.

MC1 with Peninsula hydrologic Data Specialists, Inc. and authorize the Chairman to execute it on behalf of the County.

FUNDING Funding will be from account number 11128138-033490-07026.

ATTACHMENTS 1. Work Order No. MC1 -two original executed copies. (This Work Order is

pursuant to that certain Continuing Contract Agreement for Professional Services between Peninsula hydrologic·Data Specialists, Inc. and Indian River County, Florida, dated March 15, 2005.)

F:\Public Works\KeithM\Stormwater Projects\Main Relief Canai\Agenda ltems\Agenda Item - PhDs Work Order No. MC1 .doc 21

DISTRIBUTION 1. James W. Davis, P.E., Public Works Director 2. Budget 3. County Attorney Office

Indian River County

APPROVED AGENDA ITEM Administration

Storrnwater Engineering

Bud et

FO~B/191200~ Q d BY vpo • (C)Q.J..)l

I Le at

Public Works

F:\Pubfic Works\KeithM\Stormwater Projects\Main Relief Canai\Agenda ltems\Agenda Item - PhDs Work Order No. MC1.doc 2 2

AGENDA COPY

WORK ORDER NUMBER MC1 WATER QUALITY TESTING AND SUPPORT SERVICES FOR THE MAIN

RELIEF CANAL POLLUTION CONTROL SYSTEM

This Work Order Number MC1 is entered into as of this __ day of ,---..,..--:-::-' 2008, pursuant to that certain Continuing Contract Agreement for Professional Services entered. into as of March 15, 2005 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY'') and Peninsula hydrologic Data Specialists, Inc. ("CONSULTANT'). ·

The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement 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. ·

CoN'SULTA.NT ·

PhDS, 1'nc.

sfl

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

By~~~~~--~~------Sam;lra L. Bowden, Chairperson

Attest: J.K. Barton, Clerk of Court

By=-~~~~------------Deputy Clerk

Approved:

'

TiTLE= Vt ce Pl?...-e'> 'Pf!F",.Jr ......... ' '

A~alsufficiency:

~arian E. Fell, Seo;'l!£~:~~lttomey Page 1 of4

C:\DooumOllls and Settings\Micbae!\Local Settings\ Temporary Jntemet Files\Content.IE5\86AF671X\PhDS Work Order No. MCI.doc

........... . . . . . . . . . . . . . . . . . .. . . . . . . . . . ·.·.·~··.·.·.·.·.·.

':>it't''\ . . . . ... . . · .· ,' ... · .· .· .· . . . . . . ;. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ·.·.· ..... .

23

ATTACHMENT 1 to WORK ORDER NO. MC1 WATER QUALITY TESTING AND SUPPORT SERVICES FOR THE MAIN


SCOPE OF WORK

The COUNTY has requested that the CONSULTANT provide professional water sampling and support services related to an approved Quality Assurance Project Plan (QAPP) for the COUNTY's Main Relief Canal Pollution Control System Project. The QAPP is herein incorporated into this Work Order by reference. The Work under this Work Order is further described in Exhibit A, included herein.

**END OF ATTACHMENT 1**

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1. COM PEN SA TION

The COUNTY agrees to pay and the CONSULTANT agrees to accept, a fee of $23,475.00 for services rendered according to Attachment 1 of this Work Order. Hourly rates shall be as set forth in the Agreement and a breakdown of the fees is set forth in Exhibit A, included herein.

2. PARTIAL PAYMENTS

The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month.

The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period.

The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (1 0%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice.

Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director.


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1. TIME FOR COMPLETION

The CONSULTANT will begin setting up and maintaining the sampling stations within two weeks of receiving the Notice-to-Proceed from the COUNTY. The CONSULTANT will perform all required duties in an expeditious manner


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EXHiBIT A

PhDSinc. Peninsula hydrologic Data Specialists, Inc. 103 Mar Brisa Court Satellite Beach, FL 32937 (321) 777-1915/ (321) 506-6913 Email: phds [email protected]

-----------------------------------------------------COST PROPOSAL-----Customer: Indian River County Department ofPublic Works Stormwatel" Division 4375 43rd Ave, Unit 102 Vero Beach, Florida 32967 Phone: (772) 226-3478 Fax: (772) 226-3481 Contact: Keith McCully, P .E.

Date: June 21, 2008 Project: Main Canal Filtration Project Manager: Keith McCully, P.E.

Payment/Cost Schedule

• Site Installation- * $1750.00 Includes all support equipment aod replacement hardware except batteries, logger equipment, sensors (ie. rain gauge, 4150 flowlogger, 3700 autosampler, velocity cable, aod solar paoel. These items are covered under miscellaoeous equipment lease) *(Site removal cost is Yz installation cost)

• Site QA Visits- Weekly/Biweekly Covers up to a one hour visit. In the event that a visit extends beyond one hour the hourly rate of $75.00 applies in 'h hour increments.

• Calibration Visits- Pre/Post Sampling Events Covers up to a one hour visit. In the event that a visit extends beyond one hour the hourly rate of$75.00 applies in Yz hour increments.

• Site Administrative Work- Hourly Rate

$175.00

$175.00

$75,00/hr

27

Update site files, emails, forms, copies, reports to project manager, photo processing, data processing, etc.

• Equipment Lease- Monthly Rate 1. ISCO 4150 Flowiogger (+I replacement) 2. 3700 Portable Sampler(+ 1 replacement) 3. Jl.1iscellaneous equipment lease:

To include: shelters, batteries, site. hardware, wire, PVC, solar panel (if in a remote location) dessicant, pest control, cleaning agents and their unlimited replacements during the time period of this project.

• Miscellaneous Work- Hourly Rate To include: surveying, diving, and lab courier (timely delivery of samples to the lab or to the courier when required; sample kits can be sent by any reliable shipper if acceptable by the County's Project Manager.)

$250.00 $250.00 $75.00

$75.00/hr

• Work Not Covered- TBD Heavy equipment support/operation, ditch/channel maintenance, any type of aquatic vegetation control, and any/or work not specified in this proposal. The county will provide this support (manpower and equipment) when needed. The lab will perform all required water sample testing (to include ph, conductivity, temperature, etc.)

• Total Cost for I pear. beginning September I, 2008 is: I) Site Installation - $I750. 00; Site Removal- $875.00 = $2625. 00 ... Plus

2) $550(Lease) + $700(QA VISits) +$75(Lease) + $150(2 Hours Admin) = $1475.00 Monthly X I2 Months = $17, 700. 00 .. . Plus

3) $450.00(Autosampling Event Visit) X 7(Rain Events)= $3I50.00 ... Plus

4) Total= $2625.00 + $I7,700.00 + $3150.00 = $23.475.00

5). Totac!f~:&=? •. Srgned: . ~

Michael Wickwire, V.P. PhDS,inc.

Signe~-----------------------------

28

INDIAN RNER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES

MEMORANDUM

TO: Honorable Board of County Connnissioners

FROM:

THROUGH: Joseph A. Baird, County Administrator

THROUGH: John King, Director ~\~y Department ofEme~S~ices

Sherman "Tony" Carper, Emergency Managem~· ator , Department of Emergency Services

?"'----~~--...: August 7, 2008 DATE:

SUBJECT: Approval of2008/2009 State Funded Sub grant Agreement To Update Indian River County's Hazards Analysis

The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan.

This year, the State ofFlorida .· · has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $3,039.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County.

RECOMMENDATION:

Staffreconnnends approval of this agreement and acceptance of the funding provided in the agreement. Staff further recommends that the budget assignment for this funding be deferred until the Emergency Management Preparedness Agreement is approved by the Board in September.

ATTACHMENTS:

l. Cover letter from State of Florida. 2. Three (3) original contracts for Chairman's signature. 3. Budget office grant form.

Indian Rive~ Co.

Admin.

APPROVED FOR AGENDA Cty. Attorney

August 19, 2008 Budget

Dept.

RiskMgr.

General Svcs.

CZF

~··='ro='=sin~'======~====~====~/~9

Etta LoPresti

From:

Sent:

To:

Cc:

John King [email protected]]

Wednesday, August 06, 2008 4:53 PM

Tony Carper; Etta LoPresti

Rachellvey

Subject: FW: Hazards Analysis Update Contract

Attachments: Indian River HA Cntrct 09.pdf; CAMEO Support.doc

Please handle routinely. Thanks, john

From: Date, Tim [mailto:[email protected]] Sent: Wednesday, August 06, 2008 2:04 PM To: John King Cc: Turner, Henry; Etta LoPresti Subject: Hazards Analysis Update Contract

Mr. King,

Page 1 of2

The Florida Division of Emergency Management (DEM) is pleased to award funds to update the Hazards Analysis data for your county. Based upon the allocation formula developed by the Division, your county is entitled to receive $3,039.00. This is a fixed fee, performance based Agreement with its Scope of Work- Schedule ofDeliverables and Payments outlined in Attachment A. There is no requirement to match the allocation with county funds. A copy of the grant Agreement is attached to this email for your review and processing. Also attached to this email is a flyer identifying CAMEOfm software technical services available (at no cost) to the person(s) conducting the hazards analyses for DEM.

Your attention is directed to the following deliverable requirements contained in this Agreement:

1. The first set of deliverables (fifty percent of the Hazards Analyses Updates) submission deadline is November 1, 2008.

2. The second set of deliverables (final fifty percent of the Hazards Analyses Updates) submission deadline is Februarv 1, 2009.

Any request for extension of deliverable deadlines must be anproved by DEM prior to the original submission deadlines or funding may be jeopardized. The submission deadlines for the hazards analyses are required in order to allow DEM staff sufficient time to complete the review process by the contract closeout date of June 30, 2009.

Please notify DEMby August 15, 2008 as to whether your county intends to accept or deny the funding. If the county intends to accept the Agreement, please enter the contact information for the representative responsible for administration of the Agreement on page six (this is the county contact in case legal issues arise) and enter the contact information for the representative responsible for management ofthe contract on page seven. Once the contacts' information has been entered, print three copies (more if the county requires more than one original signature Agreement), have the Chairperson of the Board of County Commissioners (or an authorized agent) sign/date all copies as originals and return them to the following address:

817/2008

Mr. Timothy Date, Program Manager Florida Division of Emergency Management

30

Bureau of Preparedness 2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

Page 2 of2

The last three digits of the contract number will be assigned to the Agreement at the time of final execution and will appear on the signed original(s) returned to the county. Upon final execution, technical assistance visits, if necessary, may be scheduled. If you have any questions regarding the Agreement or its requirements, please call Mr. Timothy Date at (850) 410-1272 or e-mail: [email protected].

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not seud electronic mail to this entity. Instead, contact this office by phone or in writing.

817/2008 31

GRANT NAME: Hazardous Analysis Grant GRANT# 09CP-04-10-40-0l-OOO

AMOUNT OF GRANT: $__;31.,l0LJ3:;c9.~00\L_ ______________ _

DEPARTMENT RECEIVING GRANT: Emergency Services

CONTACT PERSON: John King

1.

2.

3.

How long is the grant for?_!.l -l'l<ear!!!... ________ Starting Date:

Does the grant require you to fund this function after the grant is over?

Does the grant require a match?

If yes, does the grant allow the match to be In Kind Services?

Percentage of match N/ A 0%

Grant match amount required $, __ _..!:N,IA;i. ____ _

PHONE NUMBER:

July 1. 2008

___ Yes

___ Yes

___ Yes

772-226-3859

--'-x'---~No

---.£X'--- No

___ N,o

4.

5.

6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)?

7.

8.

Acct.

011.12

011.13

012.11

012.12

012.13

012.14

012.17

Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start up costs (Attach a detaillistiilg of costs)

Are you adding any~ditional positions utilizing the grant funds? If yes, please list. (11 additional space is needed, please attach a schedule.)

Description Position Position

Regular Salaries

Other Salaries & Wages (PI)

Social Security

Retirement-Contributions

Insunmce-Life & Health

Worker's Compensation .

S/Sec. Medicare Matching

TOTAL

___ Yes No

$ ________ _

___ Yes X No

Position Position Position

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

10. What is the estimated cost of the grant to the county over five years? $·----------------------

Grant Other Match Costs Amount Not Covered Match Total

First Year $ $ $ $

Second Year $ $ $ $

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature ofPreparer: 1.£.\t......~ Date: Augyst 8. 2008

1 d 32

Contract Number: 09CP-04-1 0-40-01-000

CFSA Number 52.023

STATE-FUNDED SUBGRANT AGREEMENT

THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient").

THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:

A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and

B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and

C. The Division has statutory authority to disburse the funds under this Agreement.

THEREFORE, the Division and the Recipient agree to the following:

(1) SCOPE OF WORK

The Recipient shall perform the work in accordance with the Scope of Work - Schedule of Deliverables and Payments, Attachment A of this Agreement.

(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES

The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations.

(3) PERIOD OF AGREEMENT

This Agreement shall begin on July 1, 2008 and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.

(4) MODIFICATION OF CONTRACT

Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.

(5) RECORDKEEPING

(a) As applicable, Recipienfs performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.

(b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon

1

33

request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions:

1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved.

2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition.

3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title.

(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of Work- Schedule of Deliverables and Payments (Attachment A) and all other applicable laws and regulations.

{d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division.

(6) AUDIT REQUIREMENTS

(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.

{b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00a.m. to 5:00p.m., local time, Monday through Friday.

(c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.

(d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., it shall comply with the following:

If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements.

In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters

2

34

10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.

If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fi.us/fsaa/statutes.html.

(e) Report Submission 1. The annual financial audit report shall include all management letters and the

Recipient's response to all findings, including corrective actions to be taken.

2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number.

3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following:

The Department of Community Affairs at each of the following addresses:

Department of Community Affairs Office of Audit Services

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

[an electronic copy shall also tie submitted to [email protected]] and

Division of Emergency Management Bureau of Preparedness

Technological Hazards Section 2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

The Auditor General's Office at the following address:

Auditor General's Office Room 401, Claude Pepper Building

111 West Madison Street Tallahassee, Florida 32399-1450

4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package.

(f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such noncompliance.

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35

(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year.

(7) REPORTS

(a) If all required reports are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until the above requirements are met or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division", means that the work product was completed in accordance with the Scope of Work - Schedule of Deliverables and Payments (Attachment A) to this Agreement.

(b) The Recipient shall provide additional program updates or information that may be required by the Division.

(8) MONITORING

The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement.

In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks.

(9) LIABILITY

(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.

(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.

(1 0) DEFAULT

If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the

4

36

option to exercise any of its remedies set forth in Paragraph (11 ). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment:

(a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;

(b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division.

(c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information;

(d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement.

(11) REMEDIES

If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively:

(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein;

(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;

(c) Withhold or suspend payment of all or any part of a request for payment;

(d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds.

(e) Exercise any corrective or remedial actions, to include but not be limited to:

1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance,

2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected,

3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or

4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible;

(f) Exercise any other rights or remedies which may be available under law.

(g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any

5

37

other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient

(12) TERMINATION

(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat, as amended.

(b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.

(c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement.

(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined.

(13) NOTICE AND CONTACT

(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement.

(b) The name, address, telephone number, fax number and email address of the Division program manager for this Agreement is:

Mr. Timothy Date Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1272 Fax: (850) 488-1739 Email: [email protected]

(c) The name, address, telephone number, fax number and email address of the Representative of the Recipient responsible for the administration of this Agreement is:

John King, Director Indjan Bjyer Coey Emergency Services 4225 43rd Avenue Vera Beach FL 32967

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(d) The name, address, telephone number, fax number and email address of the Representative of the Recipient responsible for management of this Agreement is:

Etta LoPresti, E.M. Planner Ind1an R1ver Co Emergency Services 4225 43rd Avenue Vero Beach, FL 32967

Telephone: (I 12) 226-3856 Fax: (772) 567-9323 Email: eloprest1@1rcgov. com

(e) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, address, telephone number, fax number and email address, of the new representative will be provided as outlined in (13)(a) above.

(14) SUBCONTRACTS

If the Recipient subcontracts any or all of the work required under this Agreement, within thirty (30) days after execution of the subcontract by the Recipient, a copy of the executed subcontract must be forwarded to the Division. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal Jaws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by Jaw. The Recipient shall document the subcontractor's progress in performing its work under this Agreement.

For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.

(15) TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the parties.

(16) ATTACHMENTS

(a) All attachments to this Agreement are incorporated as if set out fully.

(b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.

(c) This Agreement has the following attachments: Exhibit 1 -Funding Sources Attachment A- Scope of Work - Schedule of Deliverables and Payments Attachment 8- County Facilities Listing Attachment C- Financial Invoice Form Attachment D - Hazards Analysis Contract Checklist and CAMEO Guide Attachment E - Hazards Analysis Site Visit Certification Form Attachment F -Warranties and Representations Attachment G- Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion

(17) FUNDING/CONSIDERATION

This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Division agrees to pay a fixed fee of up to $3,039.00. Payment will be made in accordance with the provisions of the Scope of Work- Schedule of Deliverables and Payments (Attachment A) of this Agreement.

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The sole intent of this Agreement is to provide financial assistance to the Recipient to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period; however, all work must be performed during the contract period, including any amendments agreed to by the parties. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement.

If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division.

(18) REPAYMENTS

All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed direc~y to the following address:

Department of Community Affairs Cashier

Finance and Accounting 2555 Shumard Oak Boulevard

Tallahassee FL 32399-2100

In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater.

(19) MANDATED CONDITIONS

(a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient.

(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement.

(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement.

(d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original.

(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications.

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(f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25-,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.

(g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals:

1 . are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency;

2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and

4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.

If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement.

In addition, the Recipient shall send to the Division {by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor.

(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution.

(i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.

0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.

(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.

(I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount.

(m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment

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provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.

(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat.

(20) LOBBYING PROHIBITION

(a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.

(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."

3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

(21) COPYRIGHT PATENT AND TRADEMARK

ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.

(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.

(b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this

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Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida.

(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any preexisting intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.

(22) LEGALAUTHORIZATION

The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

RECIPIENT:

INDIAN RIVER COUNTY

APPROVED By: ____________________________ __

Name and title: Sandra L. Bowden, Chairman

Date: _______ --'-----

FEID# 59-6000674 County Administrator

STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT

By: ______________________________ _ Attest: J,JK, Barton, Clerk

Name and Title:W. Craig Fugate. Director

Date: ___________ __

By:-------;==~::;: Deputy Clerk

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EXHIBIT-1

STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

Division of Emergency Management, Florida Hazardous Materials Planning and Prevention Program, Catalog of State Financial Assistance Number 52.023 in the amount of $3,039.00.

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

1. Emergency Planning and Community Right-to-Know Act (EPCRA), Title Ill of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA).

2. Florida Emergency Planning and Community Right-to-Know Act, Chapter 252. Part II. Florida Statutes

REMAINDER OF TillS PAGE LEFT BLANK INTENTIONALLY

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Attachment A

SCOPE OF WORK· SCHEDULE OF DELIVERABLES AND PAYMENTS

PURPOSE

The data collected under this Agreement will be used to comply with the requirements of the Emergency Planning and Community Right-To-Know Act's planning requirements.

SCOPE OF WORK

TASK 1: Submission and Guidance

Recipient shall submit to the Division a completed hazards analysis that complies with the site· specific hazards analysis criteria outlined in this Attachment for each facility listed in Attachment B. The primary guidance documents are Attachment D (Hazards Analysis Contract Checklist and CAMEO Guide) to this Agreement and the U.S. Environmental Protection Agency's ''Technical Guidance for Hazards Analysis". All hazards analyses shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing by certified mail, return receipt requested and approved by the Division.

TASK 2: Coordination of Activities

The following includes, but is not limited to, activities to be performed under this Agreement

A. Recipient shall submit fifty (50) percent of the completed hazards analyses to the Division for the facilities listed on Attachment B by no later than November 1, 2008 and the final fifty (50) percent of the completed hazards analyses shall be submitted to the Division for the facilities listed on Attachment B by no later than February 1, 2009. Later dates may be agreed upon in writing by both parties to this Agreement. The Division will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline.

B. Within the period of the Agreement, Recipient shall participate in a technical assistance training session provided by the Division. The Division reserves the right to waive this requirement.

C. Within the period of the Agreement, Recipient shall submit a list of facilities within the Recipient's geographical boundaries that are suspected of not reporting to the State Emergency Response Commission the presence of Extremely Hazardous Substances in quantities at or above the Threshold Planning Quantity, as designated by the U. S. Environmental Protection Agency.

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TASK 3: Review and Update of Hazards Analyses

A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities at or above the Threshold Planning Quantity. It is required that each Attachment B facility be contacted by on-site visit to ensure accuracy of the hazards analysis. Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm program. Each facility hazards analysis shall include, but is not limited to, the following items:

(1) Facility Information

(a) Provide the Facility name (per Attachment B)

(b) Facility address

Provide the physical address (no Post Office Box) of the facility.

(c) Facility Identification

Provide the State Emergency Response Commission Code identification number (per Attachment B) and the geographic coordinates (latitude and longitude in decimal degrees).

(d) Facility Emergency Coordinator

Provide the name, title and telephone number (daytime and 24-hour) of the designated facility emergency coordinator.

(e). Transportation Routes

List the main routes used (from the County line to the facility) to transport chemicals to and/or from the facility.

(f) Evacuation Routes

Based on wind direction from the North, South, East and West, identify the route(s) from the facility to exit the Vulnerable Zone(s).

(g) Historical Accident Record

Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (this information is available from the facility). If it is determined that a facility does not have a historical accident record, that shall be noted.

(2) Hazard Identification

(a) Chemical identities

Provide proper chemical name, Chemical Abstract Service (CAS) number and natural physical state (according to exhibit C of the Technical Guidance for Hazards Analysis) for each Extremely Hazardous Substance ptesent at the facility at any time up to one year prior to the site visit. ·

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(b) Maximum quantity on-site

Express in exact pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance the facility has on-site at any time up to one year prior to the site visit.

(c) Amount in largest container or interconnected containers

Express in pounds the amount of each Extremely Hazardous Substance stored in the largest container or interconnected containers (this is the release amount used to determine the Vulnerable Zone).

(d) Type and design of storage container or vessel

Indicate the storage method of each Extremely Hazardous Substance, i.e., drum, cylinder, tank, and their respective capacities (It is helpful to indicate system types such as manifold versus vacuum as well).

(e) Nature of the hazard

Describe the type of hazard (i.e., fire, explosion) and health effects· (acute and chronic) most likely to accompany a spill or release of each Extremely Hazardous Substance.

(3) Vulnerability Analysis

(a) Extent of the Vulnerable Zone

For each Extremely Hazardous Substance present at a facility, provide the estimated geographical area (vulnerable zone) that may be subject to concentrations of an airborne Extremely Hazardous Substance at levels that could cause irreversible acute he<llth effects or death to human populations following an accidental release.

{b) Estimate Facility Population

Provide an estimate of the maximum number of employees present at the facility at any given time, i.e. if the facility is unmanned except for routine maintenance by only one person then, the number of employees present at any given time shall be noted as one.

(c) Critical Facilities

Identify each critical facility by name and each critical facility's maximum expected occupancy, within each vulnerable zone, which are essential to emergency response or house special needs populations (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the vulnerable zone, that shall be noted.

(d) Estimate Total Exposed Population

Provide an estimate of the total exposed population (facility employees + general population +critical facilities), within each vulnerable zone, that would be affected in a worst case release scenario.

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(4) Risk Analysis (the three ratings {Risk Assessment} at the bottom of the CAMEOfm Scenario Page will meet the four requirements below)

(a) Probability of release

Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility.

(b) Severity of consequences of human injury

Rate the severity of consequences if an actual release were to occur.

(c) Severity of consequences of damage to property

Rate the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur.

(d) Severity of consequences of environmental exposure

Rate the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur.

B. Identify those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with a list to account for the facilities for which a hazards analysis was not completed. In addition to the facility name and the State Emergency Response Commission Code identification number, supporting documentation should indicate:

(1) Facility has closed or is no longer in business.

(2) Facility is not physically located in the County (indicate appropriate County location, if known).

(3) Facility does not have Extremely Hazardous Substance(s) on-site or Extremely Hazardous Substance(s) are below the Threshold Planning Quantity. These facilities require:

(a) A Statement of Determination from the facility representative for the previous reporting year; or

(b) A letter from the facility representative fully explaining why the Extremely Hazardous Substance(s) is/are not now present at or above the Threshold Planning Quantity and a date when the Extremely Hazardous Substance(s) was/were removed from the facility.

TASK 4: On-Site Visits

A. Conduct a detailed on-site visi~ within the period of this Agreement, of all the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 3).

B. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment E) to the Division for each facility site visit conducted.

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C. Submit (electronically) a site plan map with the State Emergency Response Commission Code identification number and in sufficient detail to identify:

1. Location of major building(s)

2. Location and identification of EHS container(s)

3. Location of major street(s) and entrance(s)

4. North arrow

TASK 5: Submission. Distribution and Notification of the Approved Hazards Analyses

A. Upon Division approval of all required hazards analyses, one (1) copy of each approved hazards analysis (electronic format) shall be submitted to the Division. A complete copy of each approved hazards analysis shall be sent to the applicable Local Emergency Planning Committee and a copy of the transmittal letter shall be submitted to the Division.

B. Upon Division approval of all required hazards analyses, notify all facilities (for which a hazards analysis was required), and applicable response agencies, of the availability of the hazards analyses information, make that information available upon request and submit proof of said notifications to the Division.

C. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy.

SCHEDULE OF DELIVERABLES AND PAYMENTS

Deliverable

Payment #1 -The submitted hazards analyses which have been deemed acceptable by the Division.

Payment #2 -The submitted hazards analyses which have been deemed acceptable by the Division.

Due Date Payment Amount

11-01-2008 $1.367.55

02-01-2009 $1.367.55

Payment #3 -The completed hazards analyses which have Not Applicable ,.$,;:30;.>3";.9"'0;'--:-.,..--;:-been reviewed and approved by the Division, upon the Division receiving proof of distribution of the approved Hazards Analyses to the applicable Local Emergency Planning Committee and upon the Division receiving proof of notification to all facilities (for which a hazards analysis was required), and applicable response agencies, of the availability of the hazards analyses information

Each request for payment shall be initiated by the Division upon receipt of an acceptable Financial Invoice (Attachment C) and the deliverable that meets the requirements of this Agreement.

End Attachment A

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c.n 0

ATTACHMENT B- INDIAN RIVER COUNTY SECTION 302 FACILITIES 2009

LEPCISERC . Code Physical Address

10 C V S PHARMACY- DISTRlBUTION CENTER 870 I

2575 98 A VENUE 3482 I VERO BEACH FL 32966

10 CITY OF VERO BEACH- MUNICIPAL POWER PLANT

100 I 7 STREET 15008 VERO BEACH FL 32960w

10 ~:~:::~:~::~~:~ 1107 VERO BEACH FL 32960

10 CITY OF VERO BEACH- WWTP

17-17 STREET

1108 VERO BEACH FL 32960-

I O INDIAN RJVER COUNTY - HOBART REVERSE OSMOSIS PLANT

7751 58 A VENUE 22701 VERO BEACH FL 32967-553

10 ~~~:~:E~~~~~:~UTH COUNTY REVERSE OSMOSIS

6689 VERO BEACH Ft 32962-

10 LEVEL 3 COMMUNICATIONS- VRBHFLIT

2108 OLD DIXIE HIGHWAY SOUTHEAST 27485 VERO BEACH FIL 32962-

10 ~~~ -1 ~~;::;T EAST OF OLD DrXIE HlGHW A Y

24057 VERO BEACH

10 NEW PIPER AIRCRAFT

2926 PIPER DRIVE

FlL. 32960-

1320 VERO BEACH FL 32960

Mailing Address

C V S PHARMACY INC

ONE CVS DRJVE

WOONSOCKET Rl 02895

CITY OF VERO BEACH

POST OFFICE BOX 1389 VERO BEACH FL

CITY OF VERO BEACH

POST OFFICE BOX 1389

VERO BEACH FL

CITY OF VERO BEACH

POST OFFICE BOX 1389

32961-1389

32961-1389

VEROBEACH FL 3296I-1389

INDIAN RlVER COUNTY- UTILITY OPERATIONS

4350 41 STREET

VEROBEACH FL 32967

INDIAN RIVER COUNTY -UTILITY OPERATIONS 4350 41 STREET

VEROBEACH FL 32967

LEVEL 3 COMMUNICATIONS

543INDUSTR1AL DRJVE

LEWISBERRY PA 17339

MCI

2400 NORTH GLENNVILLE DRJVE

RiCHARDSON TX 75082-

NEW PIPER AIRCRAFT

2926 PIPER DRIVE

VERO BEACH FL . 32960

18.1

Facility Representative

STEVE RAPER

772-774-2200

JAMES STEVENS

772-978-5051

ROYKA!N

772-978-5225

STEPHEN UTTER

772-978-5220

GERALD LEBEAU

772-226-3409

GERALD LEBEAU

772-226-3409

LEVEL 3 COMMUNICATION

877-877-7758

GENMC

800-444-0902

JERRY YOUNG

772-567-4361

CJ"1 .......

LEPC/SERC . Code PhysJcal Address

!0 SEARS ROEBUCK AUTO CENTER M 6371

6200 20 STREET- SUITE 300 29094 VERO BEACH FL 32966-

Mailing Address

SEARS ROEBUCK AND COMPANY

3333 BEVERLY ROAD- A2-238A

HOFFMAN ESTATES IL 60!79-

18.2

Facility Representative

MICHAEL OLSEN

56!-978-2!95

Attachment C FINANCIAL INVOICE FORM

FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATES

RECIPIENT: Indian River Countv AGREEMENT#-__________________ _

AMOUNT

REQUESTED BY THE RECIPIENT

1. First Payment (45% of contract amount) $-_____ __ (50% Hazards Analyses completed/submitted)

2. Second Payment (45% of contract amount) $ _____ __ (50% Hazards Analyses completed/submitted)

3. Final Payment(10% of contract amount) $ _____ __ (approval, distribution & notification)

TOTALAMOUNT $ ________ __

AMOUNT APPROVED

BY THE DIVISION

$. ___ _

$ ____ _

$. ___ _

$. ____ _

(To be completed by the Division)

I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement.

Signature of Authorized Official/Title Date

TOTAL AMOUNT TO BE PAID AS OF----------

THIS INVOICE$. __________ _

(To be completed by the Division)

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Attachment D

HAZARDS ANALYSIS CONTRACT CHECKLIST AND CAMEO GOlDE

EAQLTIY INFQ"RMA TIQ~ Facilily Name {per Attachment C) (Facility page)

Facility Physical address (Facility page)

SERC Code identification number {per Attachment C, i.e. SERC#XXXXX} (Department Field on Facility page)

Latitude & Longitude in degrees/minutes/seconds {i.e. 30.1917- 84.3621} (Map Data tab on Facility page)

Facility !=mergency Coordinator name, title, phone# {including 24 hr. number} (Contact tab on Facility page)

Transportation Route(s) {from county line to the facility} (Notes tab on Facility page)

Evacuation Route(s) to exit the vulnerable zone (Notes tab on Facility page)

Historical Accident Record {If none, please note} (Notes tab on Facility page)

!:I~BQ IDEN' II FICA TIO~ (for each Extremely Hazardous Substance on site)

Proper chemical name(s) (Chemical in Inventory page{s})

Chemical Abstract Service (CAS) number (Chemical in Inventory page{s})

Natural physical state {i.e. mixture, pure, liquid, solid, gas} (Chemical in Inventory page{s}, Physical State and Quantity tab)

Maximum quantity on-site in pounds (Chemical in Inventory page{s}, Physical State and Quantity tab)

Amount in largest container or interconnected containers (Chemical in Inventory page{s}, Physical State and Quantity tab)

Type and design of storage container(s) {i.e. cylinder, steel drum, carboy etc.} (Chemical in Inventory page{s}, Location tab)

Nature of the hazard {i.e., acute, chronic, fire, pressure etc.} (Chemical in Inventory page{s}, Physical State and Quantity tab)

VDI,~ER6'B1Ll'TY ANALV!;'IS (for each Extremely Hazardous Substance on site)

Estimate vulnerable zone {threat zone} radius (bottom of Scenario page{s})

Facility Population {unmanned facilities minimum of one is required for maintenance personnel} (10 Codes tab on Facility page)

Critical Facilities {name of facilities and max occupancy for each} [if none, please note] {Notes tab on Scenario page{s})

Estimate Total Exposed Population(s) {facility+ general population+ critical facilities} (Notes tab on Scenario page{s})

tRISK AI\IATY!;'IS (for each Extremely Hazardous Substance on site) (Scenario page{s})

The three ratings {Risk Assessment\ at the bottom of the SCENARIO PAGE(S) will meet the four requirements below Rate probability of release {i.e., low, medium or high}

Rate severity of consequences of human injury {i.e., low, medium or high}

Rate severity of consequences of damage to property {i.e., low, medium or high}

Rate severity of consequences of environmental exposure {i.e., low, medium or high}

Q~-SITE VlSll S (within the contract period)

Completed hazards analysis site visit certification form (submitted electronically or hard copy)

Site plan map {submitted electronically) for each facility, with SERC code number and with sufficient detail to identify:

Location of major building(s) .

Location of container(s) of Extremely Hazardous Substance(s)

Location of major street{s) and entrance(s)

North arrow

The data in the Facility Information, Hazard Identification, Vulnerability Analysis and Risk Analysis sections noted above shall be submitted electronically in a CAMEOfm zip file format.

20

53

Attachment E

Name of Facility (Please print)

Name of County (Please print)

State Emergency Response Com mission (SERC) Code

Name of Facility Representative (Please print)

Facility Representative Signature Site Visit Date

Name of Inspector (Please print)

Inspector's Signature Site Visit Date

The individuals signing above certifv that a hazards analysis site visit was conducted on the above date.

21

54

Attachment F

Warranties and Representations Financial Management

Recipient's financial management system shall provide for the following:

(1) Accurate, current and complete disclosure of the financial results of this project or program in accordance with Paragraph (7) and Paragraph (12) of this Agreement.

(2) If applicable, records that identify adequately the source and application of funds for all federally-sponsored activities. These records shall contain information pertaining to Federal awards, authorizations, obligations, un-obligated balances, assets, outlays, income and interest.

(3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes.

(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data.

(5) If applicable, written procedures to minimize the time elapsing between the transfer of funds to the Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments by other means for program purposes by the recipient. To the extent that the provisions of the Cash Management Improvement Act (CMIA) (Pub. L. 1 01-453) govern, payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs."

(6) If applicable, written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable Federal cost principles and the tenms and conditions of the award.

(7) Accounting records, including cost accounting records that are supported by source documentation.

Competition

All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so.

Codes of Conduct

The recipient shall maintain written standards of conduct governing the perfonmance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a

22

55

financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to sub-agreements. However, recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient.

Business Hours

The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least 9:00am to 5:00pm, Monday through Friday.

Licensing and Permitting

All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient.

End Attachment F

23

56

Attachment G

Subcontractor Covered Transactions

(1) The prospective subcontractor of the Recipient, -------------' certifies, by

submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal

department or agency.

(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective

subcontractor shall attach an explanation to this form.

SUBCONTRACTOR:

By: _________ _

Signature

Name and Title

Street Address

City, State, Zip

Date

Recipient's Name

DCA Contract Number

24

57

TO:

FROM:

DATE:

SUBJECT:

I CONSENT

INDIAN RIVER COUNTY GIS DEPARTMENT

MEMORANDUM

Joseph A. Baird County Administrator

Will Rice GIS Manager, GIS Department

August 6, 2008

Logical and Physical Database Design Approval of Final Payment to Contractor Geographic Technologies Group, Inc. Professional Services Master Agreement Project 5032, Work Order #4

At the Board of County Commission meeting of September 12, 2006, the Board authorized the County Administrator to execute Professional Services Supplemental Work Orders to Geographic Technologies Group, Inc. in an aggregate amount not to exceed $353,000 for Year One Implementation of the Enterprise GIS system.

Supplemental Work Order Number 4, not to exceed $45,000, was approved by the County Administrator on November 15th, 2006. This work order was for the Logical and Physical Design and implementation of the County's ArcSDE GIS Geodatabase. The work has been completed and accepted.

Application for payment, Invoices G20-6636 and G20-6780, have been received in the total amount of$17,500. The total final cost of Work Order #4 is $45,000.

Staff recommends approval for final payment in the amount of $17,500 to Geographic Technologies Group, Inc. for Supplemental Work Order #4.

Attachment:

APPROVED AGENDA ITEM

Bt-"'f" &w;;l F : August 19th, 2008

Indian River Co

Administrator

Legal

Budget

GIS

58

Geographic Technologies Group, Inc.

P.O. Box 10135 Goldsboro, NC 27532 (919) 759-9214 tel (919) 759-0410 fax

Bill To

Indian River County Will Rice, GIS Manager 1840 25th Street Vero Beach FL 32960-3365

Quantity Description

Ship To

P.O. No.

Professional GIS Sevices Master Agreement for the GIS Enterprise Needs Assessment and Futnre Development Study-2005-2006 Project# 0532 Work order# 4 Physical Database design-Sales Tax

w~ro~rc; ~o

~.£! _., . -

Invoice Date Invoice #

6/29/2007 G20-6780

Terms

Net 30

Rate Amount

4,500.00 4,500.00 0.00% 0.00

---0 ~5lf9

7(<-.c, ~)

For questions about this invoice, please call Dawn Reim at Total $4,500.00 919-759-9214

59

Geographic Technologies Group, Inc.

P.O. Box 10135 Goldsboro, NC 27532 (919) 759-9214 tel (919) 759-0410 fax

Bill To

Indian River County Will Rice, GIS Manager 1840 25th Street Vero Beach FL 32960-3365

Quantity Description

Ship To

P.O. No.

Professional GIS Sevices Master Agreement for the GIS Enterprise Needs Assessment and Future Development Study-2005-2006 Project# 0532 Work order# 4 Physical Database Design Sales Tax

---?:V57o3J 7-o·

{;). ~-~..-n r ----

Invoice Date Invoice #

5/31/2007 020-6636

Terms

Net 30

Rate Amount

13,250.00 13,250.00 0.00% 0.00

-?'SLt7 ()

7/z ~.ft,9

For questions about this invoice, please call Dawn Reim at Total $13,250.00 919-759-9214

60

INDIAN RIVER COUNTY STORMW ATER DIVISION 4375 43rd Avenue, Unit 102 VERO BEACH, FLORIDA 32967 Phone: (772) 226-3478 Fax: (772) 226-3481

MEMORANDUM for CONSENT AGENDA

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

Joseph A. Baird, County Administrator ~· James W. Davis, P.E., Public Works Director

W. Keith McCully, P.E., Esq., Stormwater Divisi n ~ APPROVAL OF FINAL PAYMENT AND RELEASE OF RETAINAGE FOR MALCOLM PIRNIE, INC. WORK ORDER NO. 2-EM FOR EGRET MARSH REGIONAL STORMWATER PARK

August 7, 2008

PURPOSE OF THIS AGENDA ITEM The purpose of this agenda item is to request final payment and release of retainage for referenced Work Order No. 2-EM.

SUMMARY On June 6, 2006, Indian River County entered into Work Order No. 2-EM with Malcolm Pirnie, Inc. (MPI), for structural and electrical engineering services for the County's alternate influent pump station design for Egret Marsh Stormwater Park. The amount of MPI's Work Order is $46,496.00. All work under this Work Order is complete.

RECOMMENDATIONS Staff recommends the Board of County Commissioners authorize payment of Malcolm Pirnie's final Invoice, including release of retainage, in the amount of $7,596.00.

FUNDING 1. Funding will come from:

a. Account number 31524338-066510-05057

ATTACHMENTS: 1. Malcolm Pirnie, Inc.'s final invoice- one copy

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Regional Stormwater Park\Agenda ltems\Agenda Item - Malcolm Pimie Work Order #2-EM - Final Payment and Release of Retainage.doc 61

DISTRIBUTION: 1. Jim Davis, P.E., Public Works Director 2. Jason Brown, Budget


Public Works

Stormwater Engineering

F:\Public Works\KE;lithM\Stormwater Projects\Egret Marsh Regional Stormwater Park\Agenda ltems\Agenda Item ~ Malcolm Pirnie Work Order #2-EM - Final Payment and Release of Retainage.doc 62

MALCOLM PIRNIE

INDEPENDENT ENVIRONMENTAL

ENGINEERS, SCIENTISTS

AND CONSULTANTS

Bill to: Indian River County

Public Works

!840 25tb Street

Vero Beach, FL 32960

Attention: James W. Davis, P.E.

Director

Reference: Egret Marsh Regional Stormwater Park Work Order No. 2-EM

Project Number(s): 2240014

AGENDA COpy

INVOICE Number: 100085851

Invoice for Professional Services provided September 29,2007 through July 18,2008

WO 2-EM- AJt Design oflnfluent PS

Lump Sum J\mcunt

100.00% Complete To Date

Less: Retainage

Retainage Released

Retainage Balance

Less Previously Billed

Amount Due This Invoice

Malcolm Pirnie, Inc.

701 Town Center Drive, Suite 600

Newport News, VA 23606

T: 757.873.8700 F: 757.873.8723

www.pirnie.com

August 01, 2008

Statement Number: 6R

$46,496.00

$46,496.00

$4,649.60

$4,649.60

$0.00

$38,900.00

$7,596.00

Remit Payments only to: MALCOLM PJRNIE, INC. 23444 Network Place Chicago, IL 60673-1234

If you wish to pay by wire transfer please direct to:· MALCOLM PIRNJE, INC.

or ABA # 021000021 Account # 128035990 Swift# CHASUS33

Please reference invoice number on payment: 100085851

Federal Tax ID Number: 13-2653703

Solutions for Life"

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A. Baird, County Administrator /)

James W. Davis, P.E., Public Works Direc~

CONSENT AGENDA TO:

THROUGH:

FROM:

SUBJECT:

W. Keith McCully P.E., Stormwater Engineer f,;f;7t1 Work Order No. AMET-1EM, A.M. Engineering and Testing, Inc., Geotechnical Professional Consultants For: Professional Geotechnical Services for Egret Marsh Stormwater Park Pumping Station "D" Full and Final Payment

DATE: August 8, 2008 for August 19, 2008 Agenda

DESCRIPTION AND CONDITIONS

On July 7, 2008 the Board of County Commissioners approved the subject Work Order for professional geotechnical services for Egret Marsh Stormwater Park Pumping Station "D" based upon their existing continuing contract. A.M. Engineering and Testing Inc. completed the tasks for Work Order No. AMET-1 EM and submitted their invoice #45579 dated July 25, 2008.

RECOMMENDATION AND FUNDING

Staff recommends payment of invoice #45579 in the amount of $1,665.00 for the full and final payment of Work Order No. AMET-1EM. Funding to be from account 31524338-066510-05057.

ATTACHMENTS

A.M. Engineering and Testing, Inc. invoice 45579.

DISTRIBUTION

Jason Brown, Director, Office of Management & Budget David Alker A.M. Engineering and Testing, Inc.

Indian River County APPROVED AGENDA ITEM Administration

Budaet Public Works Dept. Stormwater

.0. IJ;l[OVed D te Kl:) -A::. l'i I~

--?IJ<.J/ I ols"' U//:U 0

64

AGENDA COPY A. M. Engineering and Testing, Inc.

590 N.W. Mercantile Place Port St. Lucie, FL 34986

Phone 772-924-3575 Fax 772-924-3580

BILL TO

Indian River County Public Works Attn: Cliff Suthard 4375 43rd Avei:me, Unit 102 V ero Beach, Florida 32967

PHONE NUMBER

772-226-1380 .

\

Invoice DATE INVOICE#

-7/25/2008 45579

PROJECT NO.

PSL1931B

DUE DATE

8/24/2008

TERMS

Net30 days

PROJECT

Egret Marsh Storrnwater Park,.Vero Beach

DESCRIPTION QTY RATE AMOUNT

Geotechoical Exploration for Proposed Canal D Pump Station, Lab No. I Mobilization/demobilization I !50.00 !50.00 Standard Penetration Test (SPT) Borings 40 12.00 480.00 Senior Engineering Time 5 !50.00 750.00 Staff Engineer 2 100.00 200.00 Project Manager Time I 85.00 85.00

.

If you have any questions regarding this invoice, please contact Rosanna Lewis Total @ 772-924-3575 Ext. 106. Please note that if your invoice is not paid by the due $1,665.00

date you will be assessed our annual perCentage rate of 18% on the past due balance.

Balance Due $1,665.00

65

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board of C~ounty Commissioners

Jason E. Brown Director, Office of Manageme & dget

August 12, 2008

Miscellaneous Budget Amendment 018

Descriptions and Conditions

The attached budget amendment appropriates funding necessary for the following:

Consent Agenda

1. The Florida Department of Labor has invoiced the County for two quarters (Q/E 3/31/08 and Q/E 6/30/08) of unemployment compensation in various departments in the amount of $38,751. The attached entry appropriates funding for unemployment compensation from General Fund Contingency in the amount of $6,018, MSTU Fund Contingency for $6,664, Transportation Fund Contingency for $7,640, Solid Waste District Cash Forward for $7,150, Sandridge Golf Course Cash Forward for $1,055, County Building Department Cash Forward for $7,811, and Utilities Cash Forward for $2,413.

2. Enhancement of the swales and drainage in the Rockridge Community is needed. The attached entry appropriates funding of $116,666 from Utilities Cash Forward.

3. Each year it becomes necessary to "roll over" certain expenses to the current fiscal year. The attached entry appropriates funding for these projects from fiscal year 2006/2007 to fiscal year 2007/2008.

4. The Indian River County Fairgrounds are in need of certain upgrades to their lighting systems. The attached entry appropriates funding for this equipment from General Fund -Cash Forward in the amount of $35,000.

5. On July 15, 2008 the Board of County Commissioners accepted an Emergency Performance Grant and approved the expenditures of this grant. The attached entry appropriates funding in the approved amount of $42,451.

6. On October 9, 2007 the Board of County Commissioners approved paying the water and sewer connection fees for the expansion of the Daisy Bridgewater Hope Center. The attached entry appropriates funding for these impact fees from General Fund Contingency in the amount of $8,392.

7. On August 12, 2008, the Board of County Commissioners approved the bid award for the demolition of 5 condemned structures. The attached entry appropriates funding in the 2007/2008 fiscal year from M.S.T.U. Fund Contingency for the demolition along with other costs such as title searches and recording fees in the amount of $13,655.

F:\Budget\Jasonlbudget amendments 2007081018 msc ba.doc

66

8. The Emergency-911 Database and GIS records should be on a separate file server with a tape back-up system, housed at the EOC, for a secured environment. Replacement monitors, a work station to support maintenance of 911 Services, advanced software to support 911 services in a GIS environment, and ruggedized notebooks for daily field work are required to maintain and preserve the integrity of the 911 data. The attached entry appropriates funding in the amount of $ 43,408 from the 911 Surcharge Fund-Communications Center-Cash ForwardOct 1.

9. Various improvements are needed at the Gifford Park Sports Field including irrigation and fencing. The attached entry appropriates funding from Parks Impact Fees in the amount of $62,271.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2007/08 budget.

Attachments Budget Resolution

Indian River County 8!1oroved Date

Administrator (Cb) ~J11 a't APPROVED AGENDA ITEM:

Legal I II \V'§ WI""" 1- _c/.

'.ICJHJ Budget ~- <&It-; rn Department u

FOR August 19, 2008 Risk Management

F:\Budget\Jason\budget amendments 200708\018 msc ba.doc

67

RESOLUTION NO. 2008-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2007-2008 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2007-2008 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 2007-2008 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 2007-2008 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 Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler

The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2008.


By _____ ~----~------Deputy Clerk

F:\Budget\Jason\budget amendments 200708\budget amendment resolution.doc

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By __ ~~~-=-~~~-Sandra L. Bowden, Chairman

APPROVED AS TO FORM AND LEGAL SlffFICIENCY

68

~!,>hi bit "A" Resolution No. 2008- afh Budget Office Approval: I -·:Lz_· Budget Amendment: 018

Jason . BL, Budget Director

Entry Fund/ Department! '--"' Account Account Number Increase Decrease

Number Name

1. Revenues

SWDD/NonRevenue/Cash Forward Oct 1st 411039-389040 $7,150 $0

Sandridge Golf/Cash Forward Oct 1st . 418039-389040 $1,055 $0

County Building/Building Dept./Cash 441039-389040 $7,811 $0

Forward Oct 1st

Utilities/General & Engineering/Cash 471039-389040 $2,413 $0

Forward Oct 1st

Expenses

General Fund/BCC/Unemployment 00110111-012150 $3,614 $0

Compensation

General Fund/Human 00120313-012150 $145 $0

Resources/Unemployment Compensation

General Fund/Purchasing/Unemployment 00121613-012150 $2,259 $0

Compensation

General Fund/Reserves/Reserve for 001199581-099910 $0 $6,018

Contingency

MSTU Fund/North County 00410472-012150 $64 $0

Pool/Unemployment Compensation

MSTU Fund/Ocean Rescue/Unemployment 00411672-012150 $2,475 $0

Compensation

MSTU Fund/Code 00420724-012150 $4,125 $0

Enforcement/Unemployment Compensation

MSTU Fund/Reserves/Reserve for 004199581-099910 $0 $6,664

Contingency

Transportation Fund/Public 11124319-012150 $3,236 $0

Works/Unemployment Compensation

Transportation Fund/County 11124441-012150 $4,404 $0

Engineering/Unemployment Compensation

Transportaion Fund/Reserves/Reserve for 111199581-099910 $0 $7,640

Contingency

SWDD/Landfiii/Unemployment 41121734-012150 $7,150 $0

Compensation

Sandridge Golf/Admin 41823672-012150 $1,055 $0

Clubhouse/Unemployment Compensation

F :\Budget\Jason \BudgetAmendments0708\BA 0 18 .xis 811312008 6 9

~hibit "A" Resolution No. 2008-

~ I. ~ ... , Budget Office Approval: Budget Amendment: 018

Jason .. Btn, Budget Director

Entry Fund/ Department/ v Account Account Number Increase Decrease

Number Name

County Building/Building .

Dept/Unemployment Compensation 44123324-012150 $7,811 $0

Utilities/Waste Water 47126836-012150 $2,413 $0

Collection/Unemployment Compensation

2. Revenues

Optional Sales Tax/Fund Transfer In 315039-381 020 $116,666 $0

Utilities/Non Revenue/Cash Fo!Ward Oct 1st 471039-389040 $116,666 $0

Expenses

Optional Sales Tax/Public Works/Rockridge 31524338-06651 0-08004 $116,666 $0

Mitigation Drainage Improvements

Utilities/Gen & Engineering/Fund Transfer 47123536-099210 $116,666 $0

Out

3. Revenues

Florida Boating Improvement Program/Non 133039-389040 $50,000 $0

Revenue/Cash FoiWard Oct 1st

Expenses

Florida Boating Improvement Program/Other Contractual Services/Derelict Vessle 13321072-033490-07027 $50,000 $0 Removal

4. Revenues

General Fund/Cash Fo!Ward Oct 1st 001039-389040 $35,000 $0

Expenses

General Fund/Parks/Fairground 00121072-036750 $35,000 $0 Expenditures

5. Revenues

General Fund/EMPA Base Grant 001033-334232 $698 $0

General Fund/Cash Fo!Ward Oct 1st 001039-389040 $4,979 $0

F :\Budget\Jason\BudgetAmendments0708\BA 0 18.xls 8/13/2008 7 0

Resolution No. 2008- ~~i;" Budget Office Approval: a, L Budget Amendment: 018

Jason~ . L"' Budget D~rector

Entry Fund/ Department/ Account Account Number Increase Decrease Number Name

General Fund/Emergency Mgmt. 001033-331231 $33,757 $0

Performance Grant

General Fund/Haz Mat Emergency Planning 001033-334292 $3,017 $0

Grant

Expenses

General Fund/Emergency Mgmt. 00120825-066410-05050 $9,000 $0

Performance Grant/Office Furniture

General Fund/Emergency Mgmt. 00120825-039020-05050 $1,254 $0

Performance Grantrrravel

General Fund/Hazardous Material 00120825-0664 70-06807 $3,017 $0 Grant!EDP Equipment

General Fund/Emergency Mgmt. 00120825-0664 70-05050 $23,503 $0

Performance Grant/EDP Equipment

General Fund/Emergency Base Grant/EDP 00123825-0664 70 $5,677 $0

Equipment

6. Expenses

General Fund/Facilities Mgmt./Other 00122019-033190 $8,392 $0

Professional Services

General Fund/Reserves/Reserve for 00119981-099910 $0 $8,392

Contingency

7. Expenses

M.S.T.U. /fund/Road & Bridge/Other 00421441-033490 $13,655 $0

Contractual Services

M.S.T.U. Fund/Reserves/Reserve for 00419981-09991 0 $0 $13,655

Contingency

8. Revenues

911 Surcharge/Non-Revenues/Cash 120039-389040 $43,408 $0 Forward- Oct 1

Expenses

911 Surcharge/Comm. Ctr./Computer 12013325-035120 $9,914 $0

Software

911 Surcharge/Comm. Ctr./ EDP Equipment 12013325-066470 $33,494 $0

F:\Budget\Jason\6udgetAmendments0708\BA 018.xls 811312008 71

~hibit "A" Resolution No. 2008- u ~~~ Budget Office Approval: Budget Amendment: 018

Jason E Bra\\ ft, Budget Director

I Entry Fund/ Department/ ........ Account

Account Number Increase Decrease Number Name

9. Revenues

County Impact Fees/Non-Revenue/Cash 1 03039-389040 $62,271 $0

FoiWard-Oct. 1

Expenses

County Impact Fees/Parks/Other 1 0321 072-066390 $62,271 $0

Improvements Except Buildings

F:\Budget\Jason\BudgetAmendments0708\BA 018.x!s B/13/2008 7 2

TO:

THROUGH:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

Joseph Baird County Administrator

JamesW. Davis, P.E. ~ Public Works Direct~ Jonathan C. Gorham, Ph.D. Coastal Resources Manager

James D. Gray, Jr. Q@ Coastal Engineer

jU: -Wabasso Beach Restoration - Sector 3 FDEP Grant Agreement No. 071R1 -Amendment No. 1

August 11, 2008


CONSENT

On August 1 , 2007, Indian River County and The Florida Department of Environmental Protection (FDEP) entered into Grant Agreement No. 071R1 to commit State funds for the design and permitting phases of the Sector 3 (Wabasso Beach) Restoration Project. The attached Amendment No.1 qommits an additional $194,333 to the design and permitting phase at a cost share ratio of 90.91% State/9.09% Local. The total FDEP grant commitment including this Amendment is $744,333 at a cost share ratio of 90.91% State/9.09% Local. The design and permitting costs total $1,429,548 to complete this work. Additional grant agreements with FDEP have been executed to provide additional cost sharing for this project.

RECOMMENDATIONS AND FUNDING

Staff recommends approval and execution of Amendment No. 1 to FDEP Agreement No. 071R1, (3 originals). Funding for the County portion will be from the Beach Preservation Fund 12814472-066510-05054

ATTACHMENTS

1. Amendment No. 1 to FDEP Grant Agreement 071R1 (3 originals) 2. Indian River County Grant Form No. 071R1 - A-1

F:\Public Works\JamesG\07lR! FDEP Grant\Agenda Items \memo agenda_ DEP Agreement No 071Rl_ amendment !.doc

73


FOR: <3 -1'(-D~

Indian River Coun

Administration

Bud et

Leal

Public Works

Division "J'C.b

F:\Public Works\JamesG\071Rl FDEP Grant\Agendaltems\memo agenda_DEP Agreement No 071Rl_amendment !.doc

74

GRANT NAME: FDEP Wabasso Beach Restoration Project Agreement 07IR1 GRANT#07IR1-A-1

AMOUNTOFGRANT: $_74_4~,3~3_3 _________________________________________________ _

DEPARTMENT RECEIVING GRANT: __.:_Pu,b"'li"'c_,_W,_,o:o;rks!""'-'Co=as::::tal:::..::E:::n..:gin:::eerm=·::og.._ ____________ _

CONTACTPERSON:_~Jame~~s~D~-~G~ra~L~J~r·~--------- TELEPHONE: ext. 3483

1. How long is the grant for?_......::J.::un:::e::.:3:..:0"-, .=:20:..:0:.;:9 ______ __:S:::tarting Date: July 1, 2006

2. Does the grant require you to fund this function after the grant is over?

3. Does the grant require a match? lf yes, does the grant allow the match to be lu-Kiud services?

4. Percentage of match to grant ---~9'-'-.0"'9'------•-'-"Yo

5. Grant match amount required __ __.$.,.67.L,.Ill66.,.6,__ ___ _

____ Yes

__ ..A.. __ Yes X Yes

X No

____ No ___ _;No

6. Where are the matching funds coming from (i.e. lu-Kiud Services; Reserve for Contingency)? Beach Preservation Fund Account No. 128-144 72-066510-05054.

7. Does the grant cover capital costs or start-up costs? lf no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs)

8. Are you adding any additional positions utilizing the grant funds? lf yes, please list. (lf additional space is needed, please attach a schedule.)

Acct Description Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT)

012.11 Social Security 012.12 Retirement - Contributions 012.13 lusurance - Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching

TOTAL

X Yes ---~No $

_____ Yes X No

Position Position Position

9. What is the total cost of each position including benefits, capital, start-up, auto e:<pense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

10. What is the estimated cost of the grant to the county over five years?

75

AGENDA COPY AMENDMENT No: 1

DEP AGREEMENT No: 07IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN

STATE OF FLORIDA AMENDMENTTOGRANTAGREEMENTFOR

WABASSO BEACH RESTORATION

TillS AGREEMENT is entered into on the g1h day of January, 2007, between the FLORIDA ·DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the INDIAN RIVER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows:

• Paragraphs 1, 6, 7, 16, and 18 are hereby revised to read as follows:

1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the WABASSO BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A-1 (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms· and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and ";Local Sponsor" are used interchangeably.

6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below:

Table 1: Estimated. Project Costs

Task# Eligible Project Tasks Estimated Project Costs

Federal DEP Local Total 2.0 Desil!n and Permitting

2.1 Design and Permitting $0 $676,667 $67,666 $744,333 TOTAL PROJECT COSTS $0 $676,667 $67,666 $744,333

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Agreement No. 07IR1, Amendment No. 1, Page 1 of3 76

7. A. The DEPARTMENT's fmancia! obligation shall not exceed the sum of $676,667 for this PROJECT or up to 90.91 percent of the non-fedeml PROJECT cost, if applicable, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement.

B. The LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004-475, Laws of Florida, unless such matching requirement is waived or reduced by the Executive Office of the Governor pursuant to the provisions of Chapter 2004-475, Laws of Florida. The LOCAL SPONSOR shall document to the DEPARTMENT any matching funds waiver or reduction upon receipt from the Executive Office of the Governor, unless such waiver has been obtained through the DEPARTMENT.

C. The DEPARTMENT shall authorize payments in the amount of90.91% of total eligible project costs, subject to the funding limits established herein, on a per invoice basis. I£ the LOCAL SPONSOR's required match percentage (amount) is reduced or waived in its entirety, the payment percentage amount for all eligible costs shall be adjusted accordingly.

16. The LOCAL SPONSOR's Project Manager for all matters is Jonathan Gorham, Phone: 772/567-8000. The DEPARTMENT's Project Manager for all technical matters is Wagner Yajure, Phone: 850/921-7837 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition.

18. Any and all notices shall be delivered to the parties at the following addresses:

LOCAL SPONSOR

·Jonathan Gorham Indian River County

4375 43«~ Avenue, Unit 102, Vero Beach, Florida 32967

(772) 567-8000 [email protected]

DEPARTMENT

Dena VanLandingham, Grant Program Administrator Department ofEnvironmental Protection Bureau of Beaches and Coastal Systems

3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000

(850) 922-7711 Dena.V [email protected]

• All references to Attachment A, respectively, are hereby deleted and replaced with references to Attachment A-1.

• Attachment A is hereby deleted in their entirety.

• Attachment A-1 as attached hereto is hereby added to the Agreement.

• Exhibit 1 to Attachment E is hereby deleted in its entirety and replaced with Exhibit !A, attached hereto and made a part hereof.


DEP Agreement No. 07IR1, Amendment No. 1, Page 2 of 3 77

IN WI1NESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below.

INDIAN RIVER COUNTY

;. ;. . -:. ;.{3-y::--c-c:--.,--,-=--.,-------. tie: *Commission Chair

ate· . . . . ·-~·'-----------....... FEID No._'--5"-'9c::-6.,_,0~0,06"-17.:x4 ___ _


FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

By: WJ.I ;e Ao Secretary or designee

0 §-

Date: f /t..{o~

APPROVED as to form and legality:

Department of Envif9mhental Protection Attorney

*If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.

List of Attachments/Exhibits included as part of this Amendment:

Specify Type

Attachment Attachment

Letter/ Number

A-1 E

Description (include number of pages)

Project Work Plan (1 page) Exhibit lA (page 5 of 5)

DEP Agreement No. 071Rl, Amendment No. 1, Page 3 of3 78

ATTACHMENT A-1 PROJECT WORK PLAN

WABASSO BEACH RESTORATION

The PROJECT consists of the restoration and maintenance of approximately 7.1 miles of Atlantic shoreline between FDEP Reference Monuments R17 and R55. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified.

Task No: Eligible Project Item:

2.0 Design and Permitting

Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida.

2.1 Design and Permitting .

Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct design and permitting activities associated with the Wabasso Beach Restoration Project. Tasks included as part of the design and permitting efforts include the following: Plan Formulation, Design, Permit Application, FDEP Permit Processing, USACE Permit Processing and NEP A Compliance, Project Administration and Coordination, Engineering and geological analyses, Controlled aerial photography, Biological mapping and · characterization, Turtle abundance and QNQC coordination of investigations. Total cost for the described tasks is $1,429,548.00. The described activities and cost are shared and conducted in concert with contract 071R2.


DEP Agreement No. 07IR1, Amendment No. 1, Attachment A-1, Page 1 of 1 "79

EXIUBIT - lA

FUNDS AWARDED TO THE RECIPIENT PURSUANT TO TillS AGREEMENT CONSIST OF THE FOLLOWING:

Federal Resources Awarded to the Rccinicnt Pursuant to this Aereement Consist of the Followine:: Federal State Program CFDA Appropdation Number Federal Agency Number CFDA Title Fundi~ Amount Cate_E<Jry

--~- -- -

State Resources Awarded to the Recipient Pursuant to this Agreement Consist ofthe Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category

State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Suh.iect to Section 215.97, F.S.: State Pro gram CSFA Title State

Number State CSFA or Appropriation Funding Source Fiscal Year Number Funding Source Description Funding Amount Category

Original General Revenue Fund, 2006-2007 37.065 Beach Management Funding $500,000 140126 Agreement GAA Lineltem Section 30 Assistance Program Amendment General Revenue Fund, 2006-2007 37.065 Beach Management Funding $176,667 140126

I GAA Line Item Section 30 Assistance Program

. ·- -- --------

I TotalAward I $676,667 1--1 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:/112.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.fl.us/fsaa!catalog]. The services/purposes for which the funds are to be used are included in the Contnact scope of services/work. Any match required by the recipient is clearly indicated in the Contract.

00 0

. DEP Agreement No. 07IRI, Amendment No. I, Attachment E, Exhibit ]A, Page 5 of 5

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

TO:

THRU:

Joseph A. Baird, County Administrator

/J~ James _w. Davis, P.E., C-r~ Public Works Director

CONSENT AGENDA

FROM: Christopher R. Mora, P.E., ~ Assistant Public Works Director

SUBJECT: Florida Power and Light (FPL) Agreement to Install Additional Street Lights in the Wabasso Street Lighting District

DATE: August 13, 2008

BACKGROUND AND DESCRIPTION

The County received a request from Wabasso area residents to install two additional street lights in the community of Wabasso for safety and security reasons. On behalf of the residents, the County coordinated the project with FPL to satisfy the needs of the community. To expedite the project, FPL requests that the County execute the attached street lighting agreement, formally authorizing FPL to commence installation.

FUNDING

The County has already established a Municipal Service Benefit Unit (MSBU) to fund the street light system. The County will not incur any cost for the installation of the additional street lights. The operation cost however will increase, therefore the MSBU will be increased to maintain the street lights.

RECOMMENDATIONS

Staff recommends the Board authorize the County Administrator to sign the·· attached FPL Street Lighting Agreement, thereby authorizing FPL to proceed with the installation of two additional street lights in the Wabasso area.

ATTACHMENT

1. FPL Street Lighting Agreement Florida Power and Light (FPL) Agreement to Install Additional Street Lights in the Wabasso Street Lighting District

F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\AGENDA ITEMS\FPL Agreement - Wabasso Street Light District.Additional 2008 i2.doc

81

DISTRIBUTION

Jason E. Brown, Director, Management & Budget

APPROVED CONSENi' AGENDA ITEM FOR BCC MEETING

FOR 08/19/2008

Indian River Coon

Administration

Bud et

al

Public Works

Traffic Engineering

F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\AGENDA ITEMS\FPL Agreement - Wabasso Street Light District.Additional 2008 #2.doc

82

AGENDA COPY FPL Account Number. 72185-43333

-FPL Work Order Number. 3180025

STREET LIGHTING AGREEMENT

In accordance with !he following tenns and conditions, INDIAN RIVER COUNTY BOCC. (hereinafter called lhe Custome~, reques1s on !his 28TH day of JULY, l!!!l!l! , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporalion organiZed end existing under lhe laws of !he State of Florida, the following installation or modificalion of street f19hting facifrties at (generei boundaries) WABASSO STREET LIGHT DISTRICT, located in SEBASTIAN , Florida.

(city/oounty)

(a) Installation and/or removal of FPL-owned facilities described as follows:

Lights lnslalled Fixture Rating Fixture Type # lns1alled fm Lumens)

9,500 SCH 2

Poles Installed Poles Removed Pole T:a!!! #Installed Pole Type #Removed

PMW

1r II II I

Fixture Rating an Lumens)

Conductors

Uohts Removad Fixture Type

lns1alled

Feet no1 Under Paving

Feet Under Paving

#Removed

Conduclors Rernovad

Feet not Under Paving

Feet Under Paving

(b) Modification to existing facilities other !han described above (explain fully): STREET UGHTS TO BE INSTALLED AT THE FOLLOWING ADDRESSES: 8835 64"' AVE; 8596 61ST DRIVE, SEBASTIAN, FL.

That, for and in consideration of !he covenants set forih herein, !he parties hereto covenant and agree as follows:

FPLAGREES:

1 • To install or modify !he street lighting facilities described and identified above (hereinatier called !he street Lighting System), fumish to !he Customer !he electric energy necessary for !he operation of !he street Lighting System, and furnish such other seiVices as are spacitied in !his Agreemant, all in accOrdance with !he tenns of FPL's cunently effective street f19hting rate schedule on file at !he Florida Public Setvice Commission (FPSC) or any suooessive street lighting rate schedule approved by !he FPSC.

THE CUSTOMER AGREES:

2. To pay a contribution in the amount of $0.00 prior to FPL's inttiatlng !he requested installation or modification.

3. To purchase from FPL all of !he eleclric energy used for the operation of the Street Lighting System.

4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service ·pro_vided in accordance with this agreement.

5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of aU non-FPL underground facllities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the street Lighting System.

6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights-of-way or easements required by FPL to accommodate the street lighting faciltties.

IT IS MUTUALLY AGREED THAT:

7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an addttional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting faciltties is defined as the following: ·

a. lhe addttion of street lighting facilities:

83

b. the removal of street lighting facilfties; and c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.

Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule oO file at the FPSC, or any successive schedule approved by the.FPSC.

8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL street lighting facilities. Payment shall be made bythe Customer in advance of any relocation.

9. FPL may, at any time, substitute for any luminaire/famp installed hereunder another luminairellamp which shall be of at least equal illuminating capacity and efficiency.

1 o. This Agreement shall be for a term of ten (1 0) years from the date of inftiation of setvice, and, except as provided below, shall extend thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless efther party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety (90) days before the expiration of the initial ten (1 0) year term, or any extension thereof.

11. In the _event street lightir'!Q -facil~ies covered by this ~greement are removed, either at the request of the Customer or through termination or breach of this Agreement,. the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facirlties provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. ·

12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of othetwise fail to perform the obligations contained in this Agreement, said obligations being material and .going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. AnY failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the tenns and conditions of this Agreement.

13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or cSuses not under the control of the party thus prevented from compliance and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably nece-ssary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment.

14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.

15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.

16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.

IN'WITNESS WHEREOF, the parties heraby caused this Agreement to be executed in triplicate .by their duly authorized representatives to be effective as of the day and year first written above.

Charges and Terms Accepted:

INDIAN RIVER COUNTY BOCC Customer (Print or type name of Organization)

By:. ______ ~S~ig-n~at~u-re~~7uth~o-rured~-~R~e-p_res __ e~nta~t~iw~)~------

(Print or type name)

Title:. ____________ _;_ ____ __

FLORIDA POWER & UGHT COMPANY

DELBERT LYNN

Title: CUSTOMER PROJECT MANAGER

APPROVED AS TO FORM

::Z1lM WIWAM K. DEB~L

DEPUTY COUNTY ATTOI\NEY

84

00 c.n

··;·" ,-, ..

D INACCESSIBLE 0 13kV T

0 FUTURE 23 kV . (¥J 23 kV 0 SALT SPRAY 0 ---~-

..

ASollt!ILTCREWPRIIiT •• L~.Jll".::.,~"£.."'=l.;':J.'\1Z".J:.. -~....=o""=':::..-.::-' ASoBUILTCOJIY

_! __ _ --------- ~ --- ......... earr .... ,..

E .. omonl? Yet 0 No. TIEeWork? y,.. 0 NoJl D"'Voolr/Slal<o?YeoONoll t:TI!J!IodlllMI<?

Slate Road ,..,.... City County Rd. County Alt """'WMD RRX!rl!

=-=~~L::~:...r"':"/ :: Ei Roqull•tCAVTTforlsro"' YES

POLE LINE FaiT 0'

POlE LINE FT. ONTRANSIJI, POLES 0'

nansm:-ioiO;AII>•hmonii'<Or __ .... _

DUCTBANKFT.

"IJIENCHFT.

0' o'

TIJJIUI5 MODEL No. 7? "'"~' PDIII~D? · YU ~~~~ NO 0 Pcslod by:

besfgned by:

SLO-OCL-INDIAN RIVER COUNTY 6400 85TH STREET# SL'S

SEBASTIAN, FL DELBERT lYNN Dele: . 6/17J08

prawn by: MOW Checkby: ?? OwgNQ. ??? Rural Location: SEC. 33 I TWP. 31 s., RGE. 39 E. Scale: ??? I St. Lt. Map No. ?? I Pri Map No .. BH-0846

""' 3180025 IWR 3762-42-438 MIA TC

/

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Directott--·'· and Christopher R. Mora, P.E., Assistant Public Works Director

Louise Gates, Land Acquisition Specialist

Right-of-Way Acquisition- CR510-County Road Project #0610 5770, 5750 and 5730 851

h Street, Located on the Northeast Corner of 85th Street and 58th Avenue David EldeWOwner

Parcel I.D. # 31-39-28-00000-5000-00029.0 # 31-39-28-00000-5000-00030.0 # 31-39-28-00000-500(}-00031.0

5770 851h Street

5750 851h Street

5730 851h Street

August 5, 2008 CONSENT

DESCRIPTION AND CONDIDONS

The right-of-way needed in this section of the CR510 road widening project is 130 feet. The subject property is located on the northeast comer of the intersection of CR51 0/85th Street and 58th Avenue. The acquisition will include 3 lots and a house. Lot #1 is vacant containing 10,800 square feet Lot #2 contains 10,800 square feet of land, and contains a residential dwelling built in 1925. Lot #3, co-owned by Alfredia Bender (beneficiary), is vacant containing 5400 square feet. All lots are zoned commercial. The acquisition of 3 lots at this intersection will provide for the necessary right-of-way required to widen the road, improve the intersection with new signalization and additional storm water retention areas.

On May 20, 2008 staff presented Mr. Eldell (owner) with an offer of $200,000 for all 3 lots, based on an appraisal. After negotiating with staff, Mr. Eldelfagreed to sell the 3 lots (including the house) to the County for $230,000. Mr. Eldell indicated the property is occupied by a renter and that notice to vacate has been given. A leaseback is not included in the agreement. Mr. Eldell requests that Lots #I and #2, including the house, proceed to closing for the amount of $200,000 with Lot #3 following to closing for $30,000 after completion of the probate process.

No Appraisal Charge Attorney Fees Not to Exceed $1,000

86

of2 Eldell August 5. 2008

ALTERNATIVES AND ANALYSIS

1. Approve the Agreement as presented, in which the three lots and house located at 5770, 5750 and 5730 85th Street are purchased for $230,000.

2. Reject the terms of the Agreement and continue negotiations.

RECOMMENDATIONS

Staff reco=ends Alternative No. I by which the Board of County Commissioners approves the purchase of the parcels and authorizes the Chairman to sign the purchase Agreement.

Funding

Funding is available from account #10215141-066120-05023

ATTACHMENTS

1. Two "originals" and One "copy" of the Purchase Agreement with Exhibit "A".

DISTRIBUTION

I) James W. Davis, P.E., Public Works Director 2) Christopher R Mora, P.E., Assistant Public Works Director


Indian River Approved Date County r--.. Administration l~_, ~ 'L'//dS ~~==~===-~~ ~~~~~~

Budget ..Jhi ~. /3(0"l

Public Works /~'";"'( '_t! l)j$

Land Acquisition .(__;vv.- i?·t3·08

87

AGENDA COPY ORIGINAL

AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY

AND DAVID ELDELL AND ALFREDIA BENDER

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of , 2008, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and David Eldell and Alfredia Bender, his daughter, ("Sellers"), who agree as follows:

WHEREAS, David Eldell and Alfredia Bender own property located at 5730 85th Street, Sebastian, Florida, attached to this agreement as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the County, is scheduled to expand 85th Street in the future and the road expansion will impact and affect David Eldell and Alfredia Bender's property; and

WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way and storm-water retention, from landowners adjacent to 85th Street; and

' WHEREAS, the County has contacted the David Eldell and Alfredia Bender and has

offered to purchase a lot containing approximately 0.12 acre or 5,400 square feet of property from the Eldell be used as right-of-way and storm-water retention; and

WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and

WHEREAS, David Eldell, Alfredia Bender and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein

2. . Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 5730 85th Street, Sebastian, Florida and more specifically described in the legal description attached as Exhibit "A", containing approximately 0.12 acre, and all improvements thereon, together

1

88

ORIGINAL

with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). ·

2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $30,000 (Thirty Thousand Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agieement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development ofthe P.roperty ("Permitted Exceptions") .

. 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice. from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall liave thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 · Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the. Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action · which would impair or otherwise affect title to any portion ofthe Property, and shall record

no documents in the Public Records which would affect title to the Property, without the prior written consent ofthe County.

4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

2

89

ORIGINAL

5. Default.

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the. County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the approval of the Board of County Commissioners or immediately upon completion of probate. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Sellerand the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

(f) County reserves the right to acquire a boundary survey to confirm parcel boundaries.

3

90

ORIGINAL

6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date-(except current taxes which are not yet due and payable) shall be paid by the Seller.

7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents.

7.1 County shall pay the .following expenses at Closing:

7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.

7.1.2 Documentary Stamps required to be affixed to the warranty deed.

7 .1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings ..

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment io ihis Agreement shall be effective only if in writing and executed by each of the parties.

4

91

ORIGINAL

8.4 · Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to County:

David Eldell and Alfredia Bender POB 700574 VVabasso, FL 32970-0574

Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates

Either party may change the information above by.giving written notice of such change as provided in this paragraph.

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive ihe Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made . solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached io this Agreement as an exhibit that complies

·with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange

5

92

ORIGINAL

Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

8.11 "Seller acknowledges receipt of the "Notice to Owner'' and understands h;ezr rights granted under Florida Law Chapters 73 and 74."

. ~o~E~ ~Initial Initial

IN WITNESS WHEREOF, the undersigned have executed thisAgreementasofthe date first set forth above.

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

Sandra L. Bowden, Chairman

Approved by BCC -------

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

ME:•" ·.~ Alfredia Bender

~dby~ I 'Jjf)f.

Louise Gates

6

Date

93

ORIGINAL

EXHIBIT "A"

Beginning at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 28, Township 31 South, Range 39 East, run North, a distance of 100 feet, thence run East, a distance of 450 feet, thence run South, a distance of 100 feet; thence run West, a distance of 450 feet; to the Point of Beginning; Less .and except there from those lands as conveyed by instrument recorded in O.R. Book 185, at Page 56.

Parcel 31-39-28-00000-5000-00031.0 · Commonly known as: 5730 851

h Street, Sebastian, FL

7

94

AGENDA C.OPY ORIGINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE

BETWEEN INDIAN RIVER COUNTY AND

DAVID ELDELL

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of , 2008, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and David Eldell, ("Seller"), who agree as follows:

WHEREAS, David Eldell owns property located at 5770/5750 851h Street, Sebastian,

Florida, attached to this agreement as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the County, is scheduled to expand 851h Street in the future and the

road expansion will impact and affect David Eldell's property; and

WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way and storm-water retention, from landowners adjacent to 85th Street; and

WHEREAS, the County has contacted the David Eldell and has offered to purchase two lots containing approximately 0.50 acre or 21 ,600 square feet of property from Mr. Eldell be used as right-of-way and storm-water retention; and

WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and

WHEREAS, David Eldell and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein

2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set

1

95

ORIGINAL forth in this Agreement, that certain parcel of real property located at 5770/5750 851

h

Street, Sebastian, Florida and more specifically described in the legal description attached as Exhibit "A", containing approximately 0.50 acre, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

2.1 Purchase Price. Effective Date. The purchase price ("Purchase Price") for the Property shall be $200,000 (Two Hundred Thousand Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution ofthisAgreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority ..

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions. and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations ofthe Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affecttitle to the Property,

· without the prior written consent of the County.

2

96

ORIGINAL 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any .governmental authority, water or sewer authority, scheol district, drainage district or any other special taxing district.

5. Default.

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance ofthe terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. ·Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the approval of the Board of County Commissioners. The parties agree that the Closing shall be as follows:

(a) The Seller shall ext:)cute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbrances-at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

(f) County reserves the right to acquire a boundary survey to confirm parcel boundaries.

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97

ORIGINAL

6.2 Taxes. All taxes and special assessments which are a lien upon-the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. ·

7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing · documents.

7.1 County shall pay the following expenses at Closing:

7 .1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.


7.1.3 All costs and premiums for the owner's marketability title insurance commitment and. policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the . Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous.

8.1 Controlling law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from·or attributable to such · acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, betwee" the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and

. executed by each of the parties.

4

98

ORIGINAL

8.4 Assignment and Binding Effect. Neither County Aor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnighf' courier service or facsimile transmission, as follows:

If to Seller:

If to County:

David Eldell POB 700574 VVabasso,FL 32970-0574

Indian River County 1801 27th Street Vera Beach, FL. 32960 Attn: Land Acquisition/Louise Gates

Either party may change the information above by giving written notice of such change as provided in this paragraph. ·

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The cqvenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.



8.9. County Aooroval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this

5

99

ORIGINAL Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

8.11 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74."

Initial

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.


/ llu.ud.f/ri.U.l Sandra L. Bowden, Chairman David Eldell

Approved by BCC -------

ATIEST: Jeffrey K. Barton, Clerk of Circuit Court

('County Attorney ~r·.

Deputy Clerk Louise Gates

6

t/J~; Date

100

ORIGINAL

EXHIBIT "A"

Parcel One:

Begin at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 28, Township 31 South, Range 39 East; thence run North 100 feet, thence run East 180 feet; thence run South 100 feet, thence run West 180 feet to the Point of Beginning; Less the South 40 feet for road right-ofway as recorded in O.R. Book 99, at Page 172.

Parcel 31-39-28-00000-5000-00029.0 . Commonly known as: 5770 851


Parcel Two:

Beginning at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 28, Township 31 South, Range 39 East, run North, a distance of 100feet, thence run East, a distance of 180 feet to the Point of Beginning, thence run South, a distance of 100 feet; thence run East 180 feet; thence run North, a distance of 100 feet; thence run West, a distance of 180 feet to the Point of Beginning; Less and except therefrom those lands as conveyed by instrument recorded in O.R. Book 187, at Page 725.

Parcel 31-39-28-00000-5000-00030.0 Commonly know as: 5750 851


7

1 01


MEMORANDUM

TO: Joseph A. Baird, County Administrator

James W. Davis, P.E., Public Works Director ,~::-0-"· AND >~ Christopher R. Mora, P.E., Assistant Public Works Director ~

THROUGH:

FROM: Robert Webb, Land Acquisition Speciali~

SUBJECT: Robert H. Cook, Jr. 26th Street (82"d Avenue to 741

b Avenue) Paving Project

Parcel I. D.# 32-38-36-00000-7000-00003.0

DATE: August 6, 2008 CONSENT AGENDA


Indian River County is currently working with the developer of Phase 3 of Indian River Estates, to ,Share the cost of paving 26th Street between 82"d Avenue and 74th Avenue. The project will be built in two segments, beginning at 74th Avenue and moving west. The east segment will begin 720 feet west of 74th Avenue (where the existing pavement ends) and extend west 1,328 feet to the north construction entrance oflndian River Estates. An additional 30 feet of right-ofway will be needed to pave the east segment. A total of 39,834.6 square feet (30 feet x 1327.82 feet), or 0.914 acres, must be acquired.

The west segment will begin at Indian River Estates' construction entrance and continue west to 82nd Avenue. The right-of-way for this segment has not yet been acquired, although negotiations are underway.

ANALYSIS

Robert H. Cook, Jr., owner of the east segment property, has agreed to sell the required 0.914 acres for $63,980, or $1.606 per square foot, along with certain conditions regarding the property and compensation to the adjacent property owner (see attached addendum).

Mr. Cook has executed the "Agreement to Purchase and Sell Real Estate" and addendum. He has also executed a "Grant of Easement" for a 40-foot drainage easement along the west boundary of the property. The easement will allow the County to install pipes for draining 26th Avenue stormwater into the Sebastian River Water Control District canal.

102

Robert Cook 26th Street (82Av to 74Av) BCC Agenda: August 19,2008 Consent Agenda

ALTERNATIVES

1. Approve the agreement as presented.

2. Reject the terms of the Agreement and continue negotiations.

RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves the $63,980 purchase and authorizes the Chairman to execute the Agreement.

Funding will be from Account# 10921441-066120-07021

ATTACHMENTS

1. Two originals of the Purchase Agreement with Exhibit A, 2. Addendum to contract

DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher R. Mora, P.E., Asst. Public Works Director 3) Robert H. Cook


CONSENT

Indian River Conn Administration Budget Legal

Approved Date

103

. AGENQA copy · n D a f!lll A l AGREEMENT TO PURCHASE AND SELL\tlft:l=.\1- ~~ . ·

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of ihe __ day of 2008, by and between Indian River

· County, a political subdivision of the State of Florida ("County"), and Robert H. Cook. Jr. {"Sellers"), who agree as· follows:

1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 8000 261

h Street, Vero Beach, FL 32966 (see attached Exhibit "A") County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference containing approximately 39,834.6 square feet, and with all improvements, such as fence, irrigation systems and other operational equipment found to be located within the right-of-way shall be relocated on sellers property at no cost to the seller.

2. Purchase Price, Effective Date. The purchase price tthe "Purchase Price") forthe parcel · shall be Sixty-Three-Thousand•Nine-Hundred-Eiqhtv· 00100 Dollars ($63,980.00). The

Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

3. · · Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known t() Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation Of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt cif notice from County of title defects ("Curative Period"). Seller shali use best efforts to cure the defects within the Curative Period and if the title defects are not ·cured within the Curative Period,County shall have thirty-(30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement; free and clear of all liens and encumbrances.

C:\Documents and Settings\rwebb\pesktop\Rdb ert V'( ebb\Co9k26thstreet Purchase Contract doc -I-

104

;;· : --. ,.

-4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or. otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. -

4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governiTJental authority, water or sewer authority, school district, drainage district or any other special taxing district.

. 5. Default.

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller ·shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the ~eller nor any other person or party shall have any claim for specific performance, damages,- or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) tenilinate this Agreement by written notice delivered to the Seller at or priorto the Closing Date and thereupon neither the County nor any other person. or party shall have any claim for specific performance, damages or otherwise agairistthe Seller; or .(ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing_

6.1 The closing of the transaction contemplated herein. ("Closing" and "Closing Date") shall take place within 60 days following the Effective Date of this Agreement. The.parties agree that

· the Closingshail be as follows:

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by -paragraph 3.

(b) The Seller shall have removed .all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. ·

(c) . If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller.shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subje.ct to tax under the Foreign Investment and Real Property Tax Act of 1980. ·

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably· be required to Close this transaction.

C:\Documents and Settings\rwebb\Desktop\Robert Webb\Cook26thstreet Purchase Contract doc -2-

105

" 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior

to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller prior to closing. ·

7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents.

7.1 County shall pay the following expenses at Closing:

7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.


7 .1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. ·

7.2 · Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

B. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. ·

8.2 Condemnation. In the event that all or any part of the Property shail be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation · arising from or attributable to such acquisition or .condemnation proceedings. County shall have the right to participate in any such proceedings.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to thistransaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to · this Agreement shall be effective only if in writing and executed by each of the parties.

BA Assignment and Binding Effect Neither County nor Seller may assign its rights and · obligations under this Agreement without the prior written consent of the other party. The terms hereof shall .be binding .upon and shall inure to the benefit of the parties hereto and their successors and assigns. C:\Documents and Settings\rwebb\Desktop\Robert Webb\CoDk261:hstreet Purchase Contract doc • 3 -

106

-8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to County:

Robert H. Cook 3213 Ocean Drive Vera Beach, FL 32963

Indian River County 1801 2ihstreet, Vera Beach, FL 32960 Attn: Land Acquisition Bob Webb

Either party may change the information above by giving written notice of such change as provided in this paragraph. · ·

8:6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf ofeither party, or in any instruments delivered. pursuant hereto or in connection herewith, shall surliive the ClosingDate and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, arid are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.



8.9. Countv Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3)(a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, orregistered pursuant to Chapter 5"17, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

C:\Documents and Settings\rwebb\Desktop\Robert Webb\Cook26thstreet Purchase Contract.doc -4-

107

8.11 "Seller acknowledges receipt of the "Noti~ ~..~err~" and understands his/her rights granted under Florida law Chapters 73 and 74". ~-inmal .

- . -

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

Robert H. Cook, Jr.

~~ Q..l,Jr. Robert ~Cook, Jr.

Dote Slg"ed' ~ 4 /$9f'?


By: __ ~~~~~--~~----Sandra L. Bowden, Chairman

Date Signed:---------


By __ ~~~~--------~--Deputy Clerk

Date Signed:--~-------

A. Baird, County Administrator

?!fo/()l{ . fficiency: :: <>><<

BY!-lJ,I/Lf,LJ~~:lL~~::._ __ ~.. . .....

.(c,'·' County Attorney : \).)/\\:)

C:\Documents and Settings\rwebb\Desktop\Robert Webb\Cook26thstreet Purchase Contract. doc ·5-

108

SKETCH AND DESCRIPTION

EXHIBIT A

DESCRIPTION OF PROPOSED RIGHT-Of-WAY;

THE NORTH 30.00 FEET OF THE SOUTH 90.00 FEET OF THE FOL~OWING DESCRIBED PARCEL OF LAND;

THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, . TOWNSHIP 32 SOUTH, RANGE 38 EAST, EXCEPT FOR THE RIGHT OF WAY FOR ROADS AND DRAINAGE CANALS OVER THE NORTH 50 FEET THEREOF, AS THE SAME IS SHOWN UPON THE PLAT Of RECLAMATION OF SEBASTiAN RIVER DRAINAGE DISTRICT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, ON DECEMBER 9, 1939. LESS THE SOUTH 60 FEET FOR ROAD RIGHT-OF-WAY AS IN 0. R. BOOK 1221, AT PAGE 1872. ·

CERTIFIED __IQ;_;

INDIAN RIVER COUNTY INDIAN RIVER ESTATES

5'7; )93/. bJ £1 {t· , 'I I Lj f) IYI.a s

t !3 9'o'~- " ,) I

DAVID E. LUEi'HJLP.S.M. ·~\?st'SN~~:J;:~T~< FLORIDA LICENSE No. 57:?8 ; . . · ... · .:, ·• · · CARTER ASSOCIATES, INC>.' L.B. '205 .

···'· . ·,::·· . ... . ....... -:-~·. .. '·' .·. ·~

SURVEYOR'S NOTES

1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISj':D SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING,. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. .

2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS-OF-WAY, EASEMENTS OF RECORD, RESER VA liONS, OWNERSHIP, ABANDONMENT, DEED RESTRICTIONS, ZONING REGULA liONS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SKETCH IS NOT INTENDED TO DELINEATE WETLANDS, LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL: DETERMINA TJON.

3. THIS DESCRIPTION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VALID WITHOUT THE OTHER.

4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. .

5. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF DESCRIPTION ONLY.

6. BEARINGS (IF SHOWN) ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 ADJUSTMENT OF 1990 (NAD 83/90) FLORIDA STATE PLANE COORDINATES, EAST ZONE ( 901 ).

7. IMPROVEMENTS AND TREES DEPICTED ON THIS SKETCH ARE FROM PREVIOUS RECORD SURVEYS AND ARE FOR INFORMATIONAL PURPOSES ONLY. IMPROVEMENTS AND TREES HAVE NOT BEEN FIELD VERIFIED FOR THE PIJRPOSES OF THIS SKETCH OF DESCRIPTION.

B. DESCRIPTION SHOWN HEREON PER OWNERSHIP AND ENCUMBRANCE REPORT ISSUED BY ATLANTIC COASTAL TITLE CORPORATION, FILE NUMBER 27076150, DATED JUNE 19, 2007.

0 ..--

EXHIBIT A, SHEET 1 OF 2

CARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS

1708 21ST STREET · VERO BEACH, FLORIDA 32960-3472

772-562-4191 (TEL) 772-562-7180 (FAX)

PRO.J, NO. 00-0<~E

DI<G. NO. 18357A

sHEET 1 OF 2

"' "lv

"'' v "' ~"' o..,

!liil' ;:J~ ~0

~.z '___; -I

NOT TO SCALE

SKETCH AND DESCRIPTION

RJGHT-OF-WAY PER OFFICIAL RECORDS BOOK 1221. PAG£ 1872

lHE SOUlli~ST 1/4 OF rnE SOUll-lEAST 1/4 OF" SEcnoN 36 ROBERT H. COOK, JR.

PARCEl ID NUMBER: 32-38-36-DOOOQ-7000-00003.0 OFFICIAL RECORDS BOOK 857, PAGE 909

..-PROPOSED NOR1H R/W UN£

N~:z IAACT J- ---.- ----- --INDIAN RIVER FARMS WATER CONTROL

""NORTH DIKE AND DITCH .. 100" WIDE RIGHT-OF-WAY

ADDillONAL IMPROVEMENTS EXIST

·L~J!!~o~~ ~r;T ~f~~iu~eJy

INDIAN RIVER ESTATES TRACT 2

~~I w~. i'..,, ~"' o.., wjl; I 5e tiv ·

t:l I

-,-1 I I

.. 1-...... u.u H ~~~ "I"'· ...... ~:ID

I I

......-1

"' e;2 o.lll~ >-jg~

~~~ olt!o.: t!-.~r-: 151!::! irE:,_ "

EXHIBIT B, SHEET 2 OF 2

~ o; ~

~ "

CARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS

1708 21ST STREET VERO BEACH. FLORIDA 32960-3472

772-562-4191 [TEL) 772-562-nBo FAX)

PROJ. NO. 00-02E

D\.JG. ND.

18357A

SHEET. 2 OF 2


Telephone: 772-567-8000

1801 27th Street, Vero Beach, Florida 32960-3365

PUBLIC WORKS DEPARTMENT LAND ACQUISITION DIVISION.

ADDENDuM TO PURCHASE AGREEMENT

Robert H Cook, Jr. 3213 Ocean Drive Vera Beach, FL 32963

Re: 8000 26th Street, Vera Beach, FL, Parcel LD. # 32-38-36-00000-7000-00003.0

INDIAN RIVER COUNTY AGREES TO PROVIDE THE FOLLOWING FOR THE ABOVE STATED PARCEL.

1. Relocate.all fence and irrigation equipment located in the 30' of right-of-way being acquired along the southern boundary of parcel LD. #32-38-36·00000-7000-00003.0. This shall be completed at no cost to

. the parcel owner.

2. Grant of Easement: All existing wells, pump houses and irrigation systems found to be located within the 40' easement along the western boundary of property owned by Robert H .Cook Jr. and being granted to Indian River County shall remain and the installation of drainage system is to be designed to that all such structures and systems remain as is.

3. The property owner shall be allowed to use the drainage ditch located on the property to service additional drainage needs, if any for their property.

4. Indian River County stipulates that if the adjacent property owner, Stephen Bailey, negotiate a price greater than the $70,000 per acre agreed upon by Mr. Cook thai Mr. Cook would be receive additional payment equal to the amount that was received by the adjacent property, Stephen Bailey, owner.

Robert H. Cook, Jr.

F:\ENGINEERING\ROBERT WEBB\COOKADEMDUM080408.DOC

Indian River County Board . Of County Commissioners

Sandra L. Bowden, Chairman

Date signed: ____ ,---

APPROVED AS TO FORM :zaw WILliAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY 1 1 1

TO:

THROUGH:

FROM:

SUBJECT:

REFERENCE:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Director AND

Christopher J. Kafer, Jr., P:E., County Engine

David A. Hays, P.E., C.F.M., Land Development Manage#

Request for Floodplain Cut and Fill Balance Waiver for Parcel# 30-39-33-00001-0000-00018.1located at 12635 Highway AlA

Project No. 2004080354-61776 CONSENT AGENDA

August 11,2008


Reilly Construction has submitted a building permit application for a single-family residential addition on the subject property. The site is located on the west bank of the Indian River Lagoon in special flood hazard zone AE, base flood elevation 8.0 feet N.G.V.D. In the attached letter from the applicant's engineer dated July 28,2008, a waiver of the cut and fill requirements is requested. The lot area is approximately 1.59 acres. The ten year still water elevation is 4.0 ft. N.G.V.D. and the average ground elevation in the area of the addition is 6.2 ft. N.G.V.D.

ALTERNATIVES AND ANALYSIS

The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)( d) I. of the Storm water Management and Flood Protection Ordinance for projects located within the one hundred year floodplain along the Indian River Lagoon.

Alternative No. 1

Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)( d)l.

Alternative No. 2

Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement.

112

PAGE TWO BCC Agenda Item from David A. Hays, P.E., C.F.M., Land Development Manager August 11, 2008

RECOMMENDATIONS

Staff recommends approval of Alternative No. I.

ATTACHMENTS

I. Waiver request and certification letters from Michael Lue, PE dated July 25, 2008.

DISTRIBUTION

I) James W. Davis, P.E., Public Works Director 2) Christopher J. Kafer, Jr., P.E., County Engineer 3) Robert M. Keating, AICP, Community Development Director 4) Michael Lue, PE, M.L.Engineering, Inc. 5) Reilly Construction & Development

APROVED AGENDA ITEM

11 tl.o~

Indian River Count

Administration

Budget

Legal

Risk Mana ement

Public Works

Engineering

113

July 25, 2008

Mr. David B. Cox, P.E. Indian River County Engineering Department 1800 27th Street Vera Beach, Florida 32960

Re: Addition to the Residence of Dr. & Mrs. Harold Cordner 12635 North Hwy. AlA

Dear Mr. Cox:

Vera Beach, Florida Lots 18, 19, 20 & 21 Ambersand Beach Indian River County, Florida Engineer's Project No. 05-368

M L Engineering Inc. · 2030 37lh Avenue Vero Beach, Florida 32960

Plrone: (772) 569-1257 Fax: (772) 569-4041

ffi[l cs: lJ owrn 0 AUG·· 7 (C;G

INDIAN RIV!:R COUNTY ENG!NI!i<i<.ING DiVISION

This letter certifies that the proposed addition meets the requirements of the Stormwater Management and Flood Protection Ordinance criteria for Type "C" permits as required by the Indian River County if a waiver is granted.

Property lies in Flood Zone AB-8 10 Yr. Flood elev. + 4.0 ft. Proposed finished floor Elev. + 8. 0 ft. Average existing grade at the proposed addition+ 6.2 ft

Area of proposed addition to the residence Area of proposed driveway addition Total impervious area

1516 sq. ft. 1400 sg. ft. 2916 sq. ft.

The existing grade is higher than the 10 yr. flood plane elevation and therefore no additional volume of water will be displaced above the flood plane by the proposed addition.

We are hereby requesting that a waiver for the required Cut & Fill Balance requirements be considered and granted for the above proposed addition to the residence.

If you ~a':'? ,~Yl rq~~~ions, please give me a call.

~~~': 114

TO:

THROUGH:

FROM:

SUBJECT:

DATE:



James W. Davis, P.E., Public Works Direct AND Christopher J. Kafer, Jr., P.E., County Engine _. • /

Michael D. Nixon, P.E., Roadway Production Manager#'V

Approval Work Order No.6 (Engineering) with CTI- Construction Testing & Inspection, Inc. Providing Professional Geotechnical Services In Accordance with the Annual Geotechnical Services Contract No. 0534 17th Lane SW From 27th Avenue To East Approx. 900' -IRC Project# 0803 20th Avenue From 21st Street SW To 17th Lane SW -IRC Project# 0837 17th Lane SW From Falcon Trace Project Entrance To 20th Avenue -IRC Project# 0838

August 8, 2008 CONSENT AGENDA


On October 4, 2005 the Board of County Commissioners approved an annual agreement for Professional Geotechnical Services, with CTI- Construction Testing & Inspection, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County under IRC Project No. 0534.

The purpose of this Work Order is to provide testing services for the construction of 17th Lane SW from 27th Avenue to East Approx. 900', 20th Avenue from 21st Street SW To 17th Lane SW and 17th Lane SW from Falcon Trace Project Entrance To 20th Avenue. CTI- Construction Testing & Inspection, Inc. submitted a proposal outlined in the attached Work Order No. 1, (Engineering) and scope of work (Exhibit A) for a not-to-exceed amount of $17,658.06.

RECOMMENDATION

Staff recommends approval of Work Order No. 1 (Engineering) to CTI-Construction Testing and Inspection, Inc. authorizing the above-mentioned projects as outlined in the attached Scope of Services and requests the Board to authorize the Chairman to execute the attached Work Order on their behalf for a not-to-exceed amount of $17,658.06.

FUNDING

Funding is budgeted and available from Account Number 31521441-066510-05013!J

F:\Engineering\Capital Projects\0803 17th L!lfle SW Roadway Improvements from 27th Ave to approx. 900 LF east 'of 27th Ave\0803 BCC Agn Geotech 11 5 Work Order 1 CTI 07-28-08 mm.doc

PAGElWO BCC Agenda Item from Michael D. Nixon, P.E., Roadway Production Manager August 8, 2008

ATTACHMENTS

1. Work Order No. 1 with CTI- Construction Testing & Inspection, Inc. 2. Exhibit A- Scope of Services/Task Description

DISTRIBUTION

1. Keith Sloane, Branch Manager/ Corp. RSO, Inc., Assistant Project Engineer

Indian River County APPROVED AGENDA ITEM: Administration

Legal

Budget

Risk Management

Public Works

Engineering Division

F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 BCC Agn Geotech 11 6 Work Order 1 CTI 07-28-08 mm.doc

Board of County Commissioners 1801 27th Street

Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391

Field and Laboratory Quality Control (QC) for

17th Lane SW & 20th Avenue Roadway & Drainage Improvements IRC Project No's. 0803, 0837, 0838

WORK ORDER NO. 1 (Engineering Division) FOR

FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT NO. 0534

WITH CTI- CONSTRUCTION TESTING & INSPECTION, INC.

All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm.

Scope of Services

All work shall be performed on a unit price basis in accordance with the attached Scope of Services dated July 18, 2008 and shall comply with Standards enumerated in the RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, IRC PROJECT NO. 0534 WITH CTI- CONSTRUCTION TESTING & INSPECTION, INC. Effective Date: October 1, 2005.

Minimum Specification Requirements as follows:

Soil Compaction

Concrete Compressive Strength Testing

All work shall also comply with the current Florida Minimum Technical Standards.

COMPENSATION.

The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to the "Scope of Services" identified in the attached EXHIBIT "A" Fee Schedule and Man Hours.

A Not-to-Exceed Amount of: $17.658.00 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT. IRC PROJECT NO. 0534 WITH CTI- CONSTRUCTION TESTING & INSPECTION. INC. Effective Date: October 1, 2008 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 BCC Agenda WO# I CTI. 7-29-0S.doc 117

W0#1 171

" Lane SW & 20"' Avenue Roadway & Drainage Improvements

IRC Project No's. 0803, 0837 & 0838

TIME FOR COMPLETION

Please fill this out

IN WITNESS HEREOF the parties hereto have executed these presents This day of , 2008.

OWNER BOARD OF COUNTY COMMSIONERS INDIAN RIVER COUNTY, FLORIDA

Approved by BCC. ______ _

ATTEST: Jeffrey K. Barton, Clerk of .Circ·uit Court

Deputy Clerk

· iency:

CTI- CONSTRUCTION TESTING & INSPECTION, INC.

Witnessed by: •

~dtv.'W., rirlie1wmer Jl;/ ,1/1 fLAtJ

F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th A ve\0803 BCC Agenda WO# 1 CTL 7·29-0&.doc 118

jEXHIB~~

1- EARTHWORK

Base Rock

Stabilized Subgrade 819

Materials SamplingAnd Testing Cost Estimate · Roadway lmprovemenlfor 17th Lane SW

IRC Project# 0803

1 per 4000ft MSHTOT-1

1 per 1DOOft 2 FM 5-515 8

en ............-

L EXHTBiT:EJ

1- EARTHWORK

Stabilize!:! Subgrade 5550'

Drainage Structures 13

Materials Sampling Anq Testing Cost Estimate 2oth Ave. SW frofl]21st St. SW to North of 17th Lane SW

IRC Project# 0837

•

per4000ft 2 AASJ-ITO T-180

1 per 1000ft 6 FM 5-515

per soil type 1 T-99

25

25

90

0 ('J ..--

I]XHIBIT "KJ 1- EARTHWORK

Base Rock

Stabilized Subgrade

Materials Sampling And Testing Cost Estimate FALCON TRACE Subdivision Offsile Roadway Improvements for 17th Lane SW

· IRC Project# 0838

per4000fl 1 8

2247' 1 per 1000ft 2 PM 5-515 8

..--C'J ..--

CONSENT AGENDA

DATE:

TO:

THROUGH:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

August 13, 2008



Thomas Frame, General Services Director~ uJ · ~ Erik Olson, Utilities Director {']

FROM: Jerry Davis, Purchasing Manager

PREPARED BY: Maeghan McLaughlin, Staff Assistant, Purchasing Division

SUBJECT:

BACKGROUND:

Approval of Bid Award for IRC Bid No. 2008060 Annual Bid for Generator Maintenance

The Department of Utility Services has requested the solicitation of competitive sealed bids to establish firm fixed prices for Generator Maintenance for the period of July 2008 through September 30, 2009. This annual bid may be renewed for two (2) additional one (1) year periods subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County.

BID RESULTS:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications requested by: Replies:

BID TABULATION:

June 20, 2008 at 2:00pm May30,2008 Four Hundred Twenty Nine ( 429) Vendors Thirty One (31) Vendors Eight (8) Vendors

F:\Purchasing\Bids\2007-2008 FY (2008000)\2008060 .Amroal Bid fur Generator Maintenance\Agenda..doo

(Continued)

g~

122

Memo to Board of County Commissioners Bid No. 2008060 Augmt 13, 2008 Page Two of Two

TOTAL AMOUNT OF BID:

COST ESTIMATE:

SOURCE OF FUNDS:

RECOMMENDATION:

$20,268.00

$41,700.00

47121836-033190 47121936-033190 47126836-033190

Staff recommends awarding this bid as follows:

CONSENT AGENDA

$4,494.00 $2,986.00 $12,788.00

• Award to CJ. 's Sales and Service of Ocala, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid.

• Authorize the Purchasing Division to issue blanket purchase orders or individual job purchase orders, as needed, for the period of October I, 2008 through September 30, 2009 with the recommended bidder.

• Authorize the Purchasing Manager to renew this bid for two (2) additional one (I) year periods subject to satisfactory performance, vendor acceptance and the determination that renewal of this annual bid is in the best interest of Indian River County.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form


BY:

FOR:

F:\PurcbasiJJg\Bids\2007-2008 FY (2008000)\2008060 .Annoal Bid fur Generetm: Mail:J.bmanre\Ageruhuloo

123

DATE:

TO:

THRU:

FROM:

SUBJECT:

Background:

INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM

August 11, 2008

Jerry Davis, ~a~~ Manager

Erik Olson, Director~lity Services

Jerry Miller, Lift Station Superviso~

Bid # 2008060 Acceptance Memo

The Department of Utility Services opened bids on June 20, 2008 for Bid# 2008060 Annual Bid for Generator Maintenance. Eight companies responded to the bid invitation.

Eau Gallie Electric, Inc, of Melbourne, Fl (Addendum No. I Not submitted- Bid Disqualified) C.J.'s Sales and service, Inc, of Ocala, Fl Power Pro-Tech Services, Inc, of Maitland, Fl ACF Power Gen, LLC, of Tampa, Fl Pan Tropic Power, Inc, of Dora!, Fl All Power Generators Corp, of Medley, Fl Tampa Armature Works, Inc, ofTampa, Fl (Addendum No. 1 Not submitted- Bid Disqualified) Florida Detroit Diesel-Allison, of Miami, Fl

Recommendation:

$20,066.00

$20,268.00 $23,135.00 $24,710.00 $25,725.00 $28,505.00 $32,735.00

$42,943.84

Staff recommends the Second lowest bidder, C.J.'s Sales & Service of Ocala, Inc, Ocala, Fl. be awarded subject bid, for a price of $20,268.00 with funds to be pulled from account nmnber 47121836-033190 - Other Professional Services budgeted amount of $10,500.00, 47121936-033190- Other Professional Services budgeted amount of$15,000.00, and 47126836-033190-Other Professional Services budgeted amount of$16,200.00.

C:\Documents and Settings\ebailes\Local Settings\ Temporary Internet Files\OLK22B\Bid #2008060 Annual Bid for Generator Maioteoance August 2008 (2).doc

124

\.__

Bid No.: 2008060

Bid Name: Annual Bid for Generator Maintenance

Bid Opening Date: 06/20/2008 Time: 2:00pm

REQUIRED FORMS Bid Form

Addendum No. 1 Disclosure

Price Extend

Section A Sub-Total

Section B Sub-Total

Section C Sub-Total

Section D Sub-Total

$

$

$

$

TOTAL BID I s

Hourly Repair Rate $

After-Hours Repair Rate $

COMMENTS:

~ o·

"B ~ s ., .r

~ ~ (.) ..8 = "ll oi1 ~

X

NONE •

X

YES

6,595.00

4,382.00

3,790.00

5,299.00

$

$

$

$

zo,o66.oo 1 s

90.00 $

140.00 $

*Addendum No.1 not submitted- Bidder DISQUALIFIED

Indian River Cowtty Purchasing Division 1800 27th Street, Vero Beach, FL 32960

(772) 567-8000 ext. 1418

BID TABULATION

Witness: Maeehan McLaughlin

Witness: Joe Krevline

BIDDER'S NAME AND LOCATION

~ 4 0 '0 • ~ r-'l

"' ~ ti -~ .. ...; ';I

u 0

X

X

X

YES

7,394.00 $

5,394.00 $

2,986.00 $

4,494.00 $

2o,268.oo 1 s

70.00 $

105.00 $

~

-r r-'l

~ ti £ ..; ll ~ ~ .. £ ~

X

X

X

YES

6,909.00

4,968.00

4,745.00

6,513.00

$

$

$

$

23,135.oo 1 s

80.00 $

100.00 $

~ ... g ll ... ~ r.. 0 • ~ B. tl i < '"'

X

X

X

YES

9,108.00

7,128.00

3,389.76

5,084.64

$

$

$

$

24,no.4o 1 s

80.00 $

1io.oo s

j

~ £ .~ ~ ~r.. ,..-; ~ s

""' Q

X

X

X

YES

10,505.00

8,250.00

4,650.00

6,345.00

$

$

$

$

25,725.oo 1 s

85.00 $

127.50 $

§ .,

! j t 8 ... ll r.. ~ ~ 0 •

~ ~ X

X

X

YES

7,355.00

5,100.00

7,250.00

8,800.00

$

$

$

$

28,5o5.oo 1 s

50.00 $

75.00 $

~

! ~ ~ s !!

X

NONE'

X

NO

13,685.00

9,760.00

3,910.00

5,380.00

$

$

$

$

32,735.oo 1 s

75.00

112.50

~ 1 iS -~

~ ti • ·a ~ ; s ~

X

X

X

NO

16,182.52

12,158.92

6,120.30

8,482.10

42,943.84

90.00

138.00

U')

N ........

Indian River County Purchasing Division 1800 271

h Street Vero Beach, FL 32960

Specifications for:

Bid#:

Bid Form

Annual Bid for Generator Maintenance

2008060

Bid Opening Date I Time: June 20,2008 at 2:00P.M.

Bid Opening Location: Purchasing Division 1800 271

h Street Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following:

A. Lift Stations Stationary Gensets

ST# KW TYPE MOTOR COST PER SERVICE 1 5 60 SPECTRUM PERKINS $ 3\£.~"'-2 131 75 LffiBY INTERNATIONAL $ 9.\10.= 3 58 125 SPECTRUM PERKINS $ 3 I~-~;;:. 4 167 125 SPECTRUM PERKINS $ 2> \ <?-,_~!<-

5 200 125 .

SPECTRUM PERKINS $ (11 e.. o:9-6 227 125 SPECTRUM PERKINS $ ~~~ ':"'.>:-

7 132 75 KOHLER WHITE $ ~~ .5--

8 3 100 DETROIT JOHN DEERE $ ;:>-,\ ?,!'!:.

9 92 100 DETROIT JOHN DEERE $ '?-,\ 1:?."""" 10 180 100 DETROIT JOHN DEERE $ ~12>;.,<-11 166 100 DETROIT JOHN DEERE $ :". \fl,~ 12 300 230 CATERPILLAR CATERPILLAR $ oi -~ s.cc 13 302 100 DETROIT JOHN DEERE $ ?,\ ?>"'-'" 14 309 75 DETROIT JOHN DEERE $ ".3.1 .~

15 266 35 GENERAC JOHN DEERE $ ?-,\ ~,!::!

16 319 35 CUMMINS JOHN DEERE $ 3\ >·--17 320 50 CUMMINS CUMMINS $ '?-. \ ~ 18 322 100 DETROiT JOHN DEERE $ ;::~, I l~ 19 312 80 CUMMINS CUMMINS $ -:1,.\ ;;..:..

20 315 100 DETROIT JOHN DEERE $ 2>1 . ,.._ Page 11 ofl9

126

21 310 100 DETROIT JOHN DEERE 22 305 143 CUMMINS CUMMINS 23 305B 400 CUMMINS CUMMINS

Sub-Total Section A

B. Lift Stations

ST#

24 1 25 2 26 3 27 4 28 5 29 30 252 31 70A 32 33 475 34 120 35 464 36 463 37 38 37A 39 34A 40 473 41 468

K w 25 25 25 25 25 25 28 50 52 66 125 125 125 125 135 135 250 300

Portable Gensets

TYPE MOTOR

WIN CO KUBOTA WIN CO KUBOTA WIN CO KUBOTA WIN CO KUBOTA WIN CO KUBOTA ATLASCOPCO YANMUR WIN CO WISCONSIN EMPIRE WIDTE ATLASCOPCO JOHN DEERE ONAN ALLIS CHALMER TRADEWINDS PERKINS KOHLER CUMMINS KOHLER CUMMINS ATLASCOPCO JOHN DEERE TRADE WINDS PERKINS TRADE WINDS PERKINS CUMMINS CUMMINS CUMMINS CUMMINS

Sub-Total Section B

C. Water Plants Portable Gensets

ST# KW TYPE MOTOR 1 SCRO 1250 CUMMINS CUMMINS 2 NORTH 400 CUMMINS CUMMINS

BEACH 3 HOBART 1135 CATERPILLAR CATERPILLAR

RO 4 SCRO 320 CUMMINS CUMMINS

WELL Sub-Total Section C

Page 12 of 19

COST PER SERVICE

$ <::JY --

$ .:<\ -~

$ ~I .-

COST PER SERVICE

$ IO<?i6~

127

D. Wastewater Plants Portable Gensets

ST# KW TYPE MOTOR COST PER SERVICE 1 WEST 1000 CATERPILLAR CATERPILLAR $ I ,.,.r: ~ 2 SOUTH 900 CUMMINS CUMMINS $ jOC I('~

3 NORTH 275 DETROIT DETROIT $ ~~C( q p_..-

4 CENTRAL 1000 CATERPILLAR CATERPILLAR s 1oqy~ 5 SLUDGE 365 CATERPILLAR CATERPILLAR $ ·oqq 9!:i..

·6 SEA 200 CUMMINS CUMMINS $ ;.7-,CjQ ~ OAKS

Sub-Total Section D $ 4'-IL'JLf ,.,._

Total Bid (Sections A,B,C, and D) scmiJ\.Q~~

Hourly Repair Rate: $

After Hours Repair Rate: ,._$ _ __,_\..::0~5..._1'2£ _______ _

Please submit one (1) original and one (1) copy of your bid.

Will your company extend these prices to other governmental agencies within the State of Florida?

Yes~ NoD

The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name:--lo.C...o:S....___,' :\......__---"'~""""'~'""'e:"""'S'-~-'--"""SQ;~:r_._v,_,i c..,_,· e._=-_,_D.wf_.>...Q=c ... ...o.""")"""CA~~-:;r.=>-o....,Q.."'-company Address: _...,!i~3.lclcl=-.---L/\)~G:___Jl~3-Lfb._.Lp----'-<L"--'-----------City, State --'--~CX:..~u.""'\!:::::CA~.~..-...-P-1....::L::::.__ ___ __;_ __ Zip Code 0 L\Y:TO Telephone: ____,_35d--=:..c..-___,~'--'3:..::d-<----=0'--'~'-----'-'1---'-1__ Fax: ...,!,35~8-=---T.L..>.!3~"d-::...---=:D:.:::g.o.c..:::::..o6""'---

E-mail: ~'ie.=p ~ G) ':J '"j)QWQC• C..Drn

Occupational License: Dct [.etJ_ui rd FEIN Number: 6'"\ - a 41S <t J$ b

Page 13 of 19

128

.. '

Authorized Signature: --~=-:t.-=I=;Bf::).:::::::::==::::_----- Date: (, ~he Name: _..!,~!:!.4===~-...LII....M~:~~.!.S."'--------- Title: ·-y ti?-"0\Q.en}

Page 14of19

129


MEMORANDUM

TO: Joseph A. Baird, County Administrator il James W. Davis, P.E., Public Works Director · Christopher J. Kafer, Jr., P.E., County Engine

THROUGH:

Michael D. Nixon, P.E., Roadway Production Manager

FROM: Aljuna D. Weragoda, P.E., Project Engineer Aw SUBJECT: Award of Bid# 2008062

Petition paving of 1Oth Court SW from Oslo Road to 7th Street SW and Petition paving of 1" Road SW from 35th Avenue to 32nd Avenue IRC Project No. 0436 and 0522

DATE: August 11,2008 CONSENT AGENDA


Two projects were bid together as one contract. 1Oth Court SW project will consist of paving an existing marl road from Oslo Road to 7th Street SW and 1 ''Road SW will consist of paving an existing marl road from 35th Avenue to 32nd Avenue. Also included will be the construction of drainage structures, pipes and adjustments to utilities.

The bid opening for the referenced project was July 11, 2008. Twelve (12) bids were received.

Attached is and extended bid tabulation. Bid totals are as follows:

1. SPS Contracting, Inc. 2. Timothy Rose Contracting, Inc. 3. H&J Contracting, Inc. 4. Sheltra & Sons Construction Co., Inc. 5. Precision Paving & Excavation, Inc. 6. J.W. Cheatham, LLC 7. J.H. McGregan & Sons, Inc. 8. Champion Contracting of Central Florida, LLC 9. Master Excavators, Inc. 10. Sunshine Land Design, Inc. 11. Jobear/Warden Construction 12. Ranger Construction Industries, Inc.

$ 408,412.90 $ 448,994.88 $ 451,139.28 $451,174.85 $ 457,403.92 $ 464,458.00 $ 469,028.08 $ 523,630.02 $ 573,009.00 $ 578,041.72 $ 583,747.05 $ 626,330.70

The Board of County Commissioners adopted Resolution No 2007- and 2007-133 confirming the paving and drainage improvements for lOth Court SW and 1 '1 Road SW respectively. The

130

BCC Agenda Item from Arjuna D. Weragoda, P.E., Project Engineer August 11, 2008

preliminary cost of construction was estimated at$ 472,829.60 for both projects in the confirming resolution. SPS Contracting, Inc of Vero Beach, Florida was the lowest responsive responsible bidder for the amount of$ 408,412.90. All reference checks indicate that SPS Contracting, Inc. has performed similar roadwork construction as this project and has consistently done so in a satisfactory marmer.

RECOMMENDATIONS AND FUNDING

Staff recommends the contract be awarded to SPS Contracting, Inc. in the amount of$ 408,412.90.

Funding sources for the project are as follows:

1. lOth Court SW A/C Number 10921441-035510-08012 2. l''Road SW A/CNumber 10921441-035510-08013 3. lOth Court SW- Utilities A/C Number 47123536-044699-08518

$ 231,846.85 $ 172,616.05 $ 3,950.00

ATTACHMENTS

1. Bid Comparison Spreadsheet 2. Sample Agreement

DISTRIBUTION

1. Jerry Davis, Manager, Purchasing Division 2. Michael Hotchkiss, P.E., Capital Projects Manager Utilities


r'A~~ Indian River L'ounty

Administration

Budget

Legal

Risk Management

Utilities

Public Works

Approved ~

F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\0522 and 0436-BCC Agn-Award Bids 07-22-0S.doc

Date

131

1st Road SW from 35th Avenue to 32nd Avenue

SPS CONTRJ.

I litem No. Unit I · Unit Price I Amount I Unit Price

N M

JNC' JTTMnTnv RO!i.:~ rnNTRArTTN(; ,INCj

I Unit Price l .4wo ........

101-1 MOBILIZATION LS LS LS LS LS E

1 20 000.00 6 675.00 3,675.1 'CIQI:t. I 102-1 MAINTENANCE OF 5 000.00 2 995.00

104-1 EROSION & WATER POLLUTION CONTROL 1 1

1

1! 1F --- -- ).00 J.OO

334-1-113 400-1-1

430-172-201

.o"'n ~-." .-.n.

1430-174-101

1575-1-1

11644-800

~S-BUILTS C.:OGC,&;-G"'R"'U-;;B"'B"'I N"'Goo-

625.00 950.00

JO :REPLACEMENT (FURNISH & INSTALL) 160.00 2,720.00 200.00 3,400.00 riON REGULAR 5.00 7,545.00 9.00 13,581.00 12,675.6(

r (FILL) CY 7 5.00 35.00 1.00 7.00 18.00 126.00 TYPE B STABILIZATION-12" SY 4,468 4.00 17,872.00 2.05 9,159.40 2.60 11,616.80 I 8" CEMENTED COQUINA SHELL BASE SY 3,843 13.00 49,959.00 10.95 42,080.85 14.67 56,376.81 I

jSUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C)(SP-9.5)(1%") SY 3,271 8.00 26,168.00 9.50 31,074.50 9.60 31,401.60 I o JACKET FOOT INDEX 280 EA 1 400.00 400.00 600.00 600.00 350.00 350.00

'PIPE CULVERT CLASS 111-12''x18" LF 104 40.00 4,160.00 38.70 4,024.80 40.00 d1An nn

JBITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT . 1(17"x13") LF 15 40.00 600.00 _41.00 I BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT I

615.00 37.00 555.00

(12") I LF 453 lEND SECTION (RCP 15" ; (BAHIA)

VALVE BOX I VALVE PAD ADJL FIRE HYDRANT ASSEMBLY ADJUST

'POST SIGNS (R1-1) (STOP) (WITH STREET SIGN)

I siGN DOUBLE POS~ (T,INTERSECTION) (W1~7)_ LASTIC)

!ADJUST WATER I

rBOND oBOND

FORCE ACCOUNT

GRAND TOTAL

EA EA --EA

t:F EA

L:S __1,§_

LS

14,094

1 2 -1

4o 15 1

_.1_

1

40.00 3,200.00

1.85 312.00

1,200.00 308.00

400.00 1.75

350.00

1!i nnn nn

TOTAL

18,120.00 27.30 12,366.90 27.50 12.457.50 9,600.00 450.00 1 ,350.00 830.00 7,573.90 1.40 5,731.60 1.85 312.00 250.00 250.00 150.00 150.00

1 ,200.00 950.00 950.00 350.00 350.00 616.00 575.00 1 '150.00 150.00 300.00

400.00 465.00 465.00 245.00 245.00 7o.oo 15.oo 6oo.oo 11.40 456.oo 1

5,250.00 125.00 1,875.00 120.00 1,800.00 1,050.00 1,050.00 1 ,220.41 1,220.41

1 220.41 1 220.41

1!i non no 15 nnn.nn 15.000.00 15,000.00 15,000.00

.,.,, ,:;nn an I TOTAL 172,616.05 I TOTAL 1A~t2R!i 0:\

F:\Engineering\Petillon Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0522 Bid Comparison 07-18-0B

"

btem No.


H&J C.riN'l'D' ,INC 'PRECISIONPAYI~G&I

~~iiJK&41Lizgn-il Pri; I 84; !0TION LS 1

lANCE OF TRAFFIC LS 1 I & WATER POLLUTION CONTROL LS 1 -f- 4,551.14 _j. 4,551.14

lAS-BUlL TS LS 1 !CLEARING 0 r-~ ~ vRUBBING LS 1 8,204.77 8,204.77

I Unit Price I Amnunt

3,500.00 3,500.00

,500.00 ,@0.00

M M

l & SONS CONST

I Unit Price I Amount

2,000.00

..... - .. -I lnu-r-1 Mf'.IL~U!<. REPLACEMENT (FURNISH & INSTALL) EA 17 · 106.00 1,802.00 .00 8,500.00 !,550.00 1.400.1

I 1120-1 EXCAVATION REGULAR CY 1,509 1.91 2,882.19 ""OA,

120-6-1 EMBANKMENT (FILL) CY 7 53.00 371.0 140.1 .1_60-4-1 TYPE B STABILIZATION -12" SY 4,468 3.00 13,404.00 o.uu IO,.U'I.UU

~706 8" CEMENTED COQUINA SHELL BASE SY 3,843 11.76 45,193.68 12.02 46,192.86 12.25 47,076.75

_[334-1-113 SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C)(SP-9.5)(1%'') SY 3,271 9.40 30,747.40 8.75 28,621.25 9.35 30,583.85 1400-1-1 CONCRETE JACKET FOOT INDEX 280 EA 1 2,529.48 2,529~ - 1,ooo:oo-- ,,vvv.v• < OM

0 0 750.00 750.00

l430-172-201 CONCRETE PIPE CULVERT CLASS lll-12"x18" LF 104 51.61 5,367.44 38.00 3,952.0U I oo.uu I o,rou.1

430-174-101 430-982-223 575-1-1 1643-700

l7i'

!§ 1

xxxxx

BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT I I (17"x13") LF 15 46.01 690.15 44.93 673.95 50.00 750.00

I siGN DOUBLE POST (T~NTERSECTION) (W1-7) EA 1 344.50 344.50 420.00 4>5.00 soo.oo soo.uo !PLASTIC) LF 40 31.80 1,272.00 17.82 712.80 16.00 640.00

lADJUST WATER METERS EA 15 457.92 6,868.80 300.00 4,500.00 350.00 5,250.00 H BOND LS 1 1 ,498.00 1,498.00 1,808.00 1,808.00 1.300.00 1.300.00

o BOND LS 1 1 498.00 1 498.00 1 808.00 1 808.

FORCE ACCOUNT LS 1 J2,QOO.OO 15,00_0.00 15,000.00 15,000.00 I 15,000.00 I _1< nnn nn

GRAND TOTAL TOTAL I 1~? ?Q"l Q'J: TOTAL 1Q'.l notA RR TOTAL 10.., <'1~"1 otn

F:\Englneerlng\Pelition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0522 Bid Comparison 07-18-08

1-1-

btem No.

,-u-• • ·.-1

1400-1-f

72-201


Tn:

LIZATION !MAINTENANCE OF TRAFFIC

··--1 & WATER POLLUTION CONTROL

-

~T l & INSTALL)

"CEMENTED COQUINASHELCBASE

I.,,IP<'RPa\/E ASPHALTIC CONCRETE (TRAFFIC C)(SP-9.5)(1W')

; JACKET FDOT INDEX 280

TE PIPE CULVERT CLASS lll-12"x18"

BITUMINOUS COATED CORRUGATED STEEL PIPE ___ ~ __ .

LS LS IS IS

L8 EA CY CY SY SY

SY EA

LF

F

fJ:H McGREGAN~& SONS, INC I J.W. C'

Unit Price Amount Unit Price ""'~0 ·~"'fi

1.750. 2,650.00 4,377.00

1.750.

4,377.01

27,20D.DD 3,700.00

.1. I 9,8oo.oo I 9,8oo.oo ~--soo.oo 1 17 143.00 2,431.00- 50.00

! 1,509 3.50 5,281.50 _21.50

AM, LLC I rliAMPTnN 1

4TW£4gM!J Unit Price I

27,200.00 3,700.00

500.00 1:

850.00

150.50 5,808.40

35 547.75 ?4 ">'=!.? ">n

!i .4':1..4 nn

885.00

16,000.00 6,000.00

105.00 6:25

8.00 4.00 9.70

10.20 SOo:Oo 38.50

21.00

~ ('Y')

rn.

25,500.00 .J&,OOO.OO

•n

6,700.00 :;a5.0o

9,431.25 56.00 ;;B72.0o 7,277.10

.3,364.20 500.00

1 nnA nn

315.00

l

I 430-174-101 (12") LF 453 32.48 14,713.44 30.20 I 13.6u_ '" 60 1.00

1?: RQ? .''·H~.

I 430-982-223 MITERED END SECTION (RCP 15") EA 3 465.00 1,395.00 1,040.00 3,120: 575-1-1 SODDING (BAHIA) SY 4,094 2.74 11,217.56 1.52 6,222.88 3.00

VALVEBOX/VALVEPADADJUSTMENT EA 1 119.00 119.00 190.00 190.00 700.00 I 700.00 I FIRE HYDRANT ASSEMBLY ADJUST EA 1 917.00 917.00 900.00 900.00 1,300.00 _j_ 1,300.00 I

OST SIGNS (R1-1) (STOP) (WITH STREET SIGN) EA 2 480.00 960.00 405.00 810.00 590.00 _j_ 1.180.00 I 1700-40-1

1700-41-10 SIGN DOUBLE POST (T-INTERSECTION) (W1-7) EA 1 491.00 491.00 510.00 510.00 480.00 I 480.00 24" WHITE (THERMOPLASTIC) LF 40 13.95 558.00 13.00 520.00 15.25 _j. 610.00 ADJUST WATER METERS EA 15 364.00 5,460.00 500.00 7,500.00 100.00

~T BOND LS 1 2,650.00 2,650.00 950.00 950.00 2,070.00 ~E BOND LS 1 2 650.00 2 650.00 950.00 950.00 2 070.00

FORCE ACCOUNT LS 1 15,000.00 15,000.00 15,000.00 15,000.00 ..1-' nnn nn -tr::nnnnn

GRAND TOTAL TOTAL 1!37 >174 on TOTAL ?nA &:.A.&:. 13 TOTAL 221,978.93

F:\EngJneering\Petit!on Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0522 Bid Comparison 07-18-08


litem No.

I llUZ-1 I MAINTENANCE OF ""'"EROSION & WATER POLLUTION CONTROL

~Rilii_TS

110-1-1 110-7-1 120-1 120-6-1 160-4-1

334-1-113 400-1-1

430-172-201

"~" ~"'7A .tn-t

700-41-10

xxxxx

w JX REPLACEMENT (FURNISH & INSTALL)

rYPE B STABILIZATION -12" CEMENTED COQUINA SHELL BASE

lsuPERPAVE ASP HAL TIC CONCRETE (TRAFFIC C)(SP-9.5)(1 Y,")

CONCRETE JACKET FDOT INDEX 280

TE PIPE CULVERT CLASS 111-12"x18" BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (17''x13") BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (12") MITERED END SECTION (RCP 15")

I VALVE BOX I VALVE PADAD.ITJ FIRE HYDRANT ASSEMBLY ADJLJSl

o POST SIGNS (R1-1l (STOP) (WITH STREET SIGN)

SIGN DOUBLE POST (T-INTERSECTION) (W1-7) 24" WHITE (THERMOPLASTIC ADJUST WATER I

"BOND oBOND

FORCE ACCOUNT

GRAND TOTAL

LS LS

L8 LS LS EA

SY EA

LF

LF

LF EA

-EA

_h§_

LS

Unit

1 17

-104

15

453 3

14,094

1

1

I.

7.865.00 4,500.00

·00.00

c LAND DESIGN, INC I &Am~~~!--- I UnitP

- &«?i¥¥¥4 ¥$¥¥'§ . I *t~::;~me!g;!:!U --1"8.::KI;J.OU I IO.ViJiJ.OU I LO.:JVU.'

13490.00

LO M

~'T'£\DC!_ INC'_

·--""' l

11,300.00 _J. 10,010.00 10,010.00 13180.00 J 13.180.00 2,400.00 2,400.00 4305.00

1 o, 115.00 I 1 o, 115.00 I 8,ooo.oo 8,000.00 8275.00 I 8,275.00 1oo.oo 1 1,1oo.oo _ ____l_~o.oo 3,4oo.oo 129.oo I 2.193.•

11.50 17.353.50 10.71 16,161.39 5.00 7,545.uu 2.00 14.00 25.00 175.00 15.00 105.00 5.50 24,574.00 7.12 31,812.16 5.80 25,914.40 14.65 56,299.95 13.24 50,881.32 10.50 40,351.50

10.00 32,710.00 9.83 32,153.93 11.00 35,981.00 30o.oo 3oo.oo 1oo.oo 10o.oo 125o.oo 1,25o.oo 1

56.15 5,839.60 _ 40.00 4,160.00 57.00 "O?A nn

54.55 I 818.25 I 36.oo I 54o.oo I 4o.oo I 6oo.oo

43.90 510.00 2.25

500.00

570.00

376.00 34.50 500.0

1,650.1 1,650.0u

1~:;nnnnn

TOTAL

19,886.70 26.00 11,778.00 1,530.00 600.00 1 ,800.( 9,211.50 2.00 8,188.00 500.00 450.00 450.01 ,000.00 2,51 140.00 630.00

376.00 510.00 '0.00 16.38 " "" 350.00 ~

15.00Q.nn 1fi nnn nn

236,513.50 TOTAL

510.00 655.20

_15.000.00

?A 'I 7An Jl:n

1.00 l.OO

328.00 .00 7.00

2710.00 10.00

15.ooo.nn

TOTAL

606.

328.00 240.

2.710. 2 710. H: nnn nn

251.386.40

F:\Engineering\Petltion Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0522 Bid Comparison Oi-18-08

litem No. ;,.Ji ~

101-1 102-1 104-1 108-1 110-1-1 110-7-1 120-1 120-6-1 160-4-1 285-706

334-1-113

400-1-1

430-172-201

430-172-201

430-174-101 430-982-223 575-1-1 1643-700 1644-800 700-40-1

700-41-10

711-35-241 IRCUD-1 800 801

)()()()()(


I RANGER CONSTRUCTION

Description Quantity Unitl Unit Price I Amount ,,;~;!!~~ "".!)!;l)jF; .• ,;'='

MOBILIZATION LS 1 2460.00 2 460.00 MAINTENANCE OF TRAFFIC LS 1 75530.00 75 530.00 EROSION & WATER POLLUTION CONTROL LS 1 2720.00 2,720.00 AS-BUILTS LS 1 2230.00 2,230.00 CLEARING & GRUBBING LS 1 7370.00 7,370.00 MAILBOX REPLACEMENT (FURNISH & INSTALL) EA 17 223.00 3,791.00 EXCAVATION REGULAR CY 1,509 13.50 20,371.50 EMBANKMENT (FILL) CY 7 6.30 44.10 TYPE B STABILIZATION -12" SY 4,468 1.95 8,712.60 8" CEMENTED COQUINA SHELL BASE SY 3,843 11.70 44,963.10

SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C)(SP-9.5)(1 %") SY 3,271 9.10 29,766.10

CONCRETE JACKET FOOT INDEX 280 EA 1 558.00 558.00

CONCRETE PIPE CULVERT CLASS Ill -12"x18" LF 104 65.85 6,848.40 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (17"x13") LF 15 50.90 763.50 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (12") LF 453 38.15 17,281.95 MITERED END SECTION (RCP 15") EA 3 949.00 2,847.00 SODDING (BAHIA) SY 4,094 2.20 9,006.80 VALVE BOX /VALVE PAD ADJUSTMENT EA 1 290.00 290.00 FIRE HYDRANT ASSEMBLY ADJUST EA 1 1670.00 1,670.00 SINGLE POST SIGNS (R1-1) (STOP) (WITH STREET SIGN) EA 2 586.00 1,172.00

SIGN DOUBLE POST (T-INTERSECTION) (W1-7) EA 1 474.00 474.00 24" WHITE (THERMOPLASTIC) LF 40 15.25 610.00 ADJUST WATER METERS EA 15 530.00 7,950.00 PAYMENT BOND LS 1 1400.00 1,400.00 PERFORMANCE BOND LS 1 1400.00 1 400.00

FORCE ACCOUNT LS 1 15 000.00 15 000.00

GRAND TOTAL TOTAL 265.230.05

F:\Engineering\Petltlon Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0522 Bid Comparison 07-18-08

"'

c.o (Y') ......

~>!l!~'tem No. _

108· 108. 110·1-1 110-7-1 120-1

I 120·6-1 160-4-1 'lO~ "'7n~

1334-1-11,

1430-174-101

711-

IRCUD-1 800 801

xxxxx

10th Court SW from Oslo Rd to 7th Street SW

L SPS CONTRACTING, INC I H&J CONTRACTING, INC

tion Amount Unit Price Amount Unit Price Amount 4~·%i\£!S?i-X:'-"'-'-"6:if"' _,;;,"#f,.'Jj .3[;,~ •Y,'i{}j; ·=

BILIZATION 1\IT~MANCE OF

~WATER POLLUTION :sr1 _s

20,000.00 5,000.00 15,000.00

6,675.1 3,550.1 3,795.1 12,750.

6,675.00 5 ooo:oo 5 ooo.oo 8 480.00 8 480.0 8 091.51 8 091.51 8 586.00 8 586.00 4 876.00 4 R7e oo

r(Y) ....-

; &GRUBBING __bQ_ 10,000. 950.00 l.uu I 4 476.47 8 952.94 I (REPLACEMENT !FURNISH & INSTALL' noN Rc:~••• A ....

:MENT fYPE B STABILIZATION -{2"

IR" CEMENTED COQUINA SHELL BASE oASPHALTIC CONCRETE TRAFFIC C SP-9.5 1%"

'

BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT 10 ~AUGE) (12")

IPIE CULVERT CONC.(RCP 15") lEND SECTION CONC. (RCP 15")

--------------:n:.c:::1 LK(4"THICK

:ATE EXIST. CHAIN LINK FENCE SODDING BAHIA SINGLE POST SIGNS R1-1 .STOP-DOUBLE POST SIGN T-INTERSECTION (W1-

LASTIC) IVALVEBOX/VALVEPAD ADJUSTOR MOVE

RE HYDRANT ASSEMBLY ADJUSl lJUSTWATER METER

rBOND ~ANCE BOND

I FORCE ACCOUNT

GRAND TOTAL

~11.0

'

1 SY 4 690

LF 458 LF 32 OA 2 SY 306 _F 200 3Y 7 546 oA 3 oA 1 .F 48 EA 6

_j_ ....11.. _j_

1

LS I -;-

160.00 5.00 5.00

~ 13.00 8.00

40.00 60.00

30.00 25.00

_Lil§_ 308.00 400.00

1.75 312.00

1,200.00 350.00

3,000.00

?n non no

TOTAL

1 760.( 11 ,005.00

185.00 25,548.00 7A "a-::t·nn

37,520.00

18,320.00 1,920.00

- 80.00

924.00 400.00

84.00 1,872.00

--------

1,200.00

?n non nn

?QQ ,71 10

200.00 _9.00

nn I 106.00 1166.00 I

_Q§_ 10.70 9.50

37.00

61_,642.70

27.30 12,503.40 27.50 880.00 450.00 900.00 26.00 7 956.00 MO 1 700.00 1.40 10 564.40

575.00 1 725.00 465.00 465.00

15.00 720.00 250.00 1 ,500.00 950.00 950.00 125.00 1 500.00

1 463.00 1 463.00 1 463.00 1 463.00

?O_nnn.nn ?o non no

1.90 4181.90 15.00 555.00 3.00 19161.00 11.87 fiR ':!.R':!. 07

9.40

25.88 27.82

28.05 8.56

__llQ_ 230.05 347.75

26.75 462.24

1 916.97 462.24

1,712.00 2,033.00

20_000_00

11,853.04 890.24

2,137.86

1,712.00 15,846.60

690.15 347.75

1,284.00 2,773.44 1 916:97 5,546.88 1,712.00 ,033.00

20.000.00

_IOTAL ']~!;; 7QR R~ I TOTAL 'J!=i8.R4S.S!=i

F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0436 Bid Comparison 07-18-08 Page 1

10th Court SW from Oslo Rd to 7th Street SW

J.W. CHEATHAM, LLC

co (Y) ..--

:.1 Item No. tion Amount Amount ~- I Amount I ,,~ "~10:.<'1-tmli\t - .,E;;.'%-jj;."S:'""~ w ''t&!lWi,t·_iWJ!>:'lt'lfiiif/.~Y;i!i\ ¥ El'l'Si' ;¥2f\;/;'h'\.'!f;','fZ#;~:q¢~

~ 1 -

ri08=1 [108:2 __ 110-1-1

:o-7-1

~ !0-6-1 l-4-1

334-1-113

430-34-021 430-174-101

522-1 1550-1 0-228 !175-1-1

~--'"· 1643-700

~ LS I 1 I 2~0.00 NCE OF TRAFFIC ~WATER POLLUTION CONTROL

·-DUlL TS LS 1 500.00 J.P.D.E.S. PERMITIING LS 1 500.00

IG & GRUBBING AC 2.0 7 250.00 C REPLACEMENT (FURNISH & INSTALL) EA 11.0 50.00

TYPE B STABILIZATION -12" Is .. CEMENTED coo ulNA SHELL BASE

TIC CONCRETE TRAFFIC C BITUMINOUS GOA ED CORRUGATED TEEL PIPE vUL\

GAUGE) (12") PIPIE CULVERT CONC.(RCP 15")

RED END SECTION CONC. IRCP 15") c" __ .. _ ETE SIDEWALK (4" THICK)

TE EXIST. CHAIN LINK FENCE l (BAHIA)

iiNGLE POST SIGNS (R1-1) (STOP) DOUBLE POST SIGN. T-INTERSECTION IW1-7)

-- ---------

LASTIC) IVALVE BOX I VALVE PAD ADJUST OR MOVE

IRE HYDRANT ASSEMBLY ADJUST

1%") H(10

2 201 16.00 37 16.00

6 387 1.30

SY 5.761 9.25 SY 4 690 7.50

LF 458 30.20 LF 32 62.00

_EA 2 SY 306 33.00

.F 200 20.00 SY 7 546 1.52 EA 3 236.00 EA 1 400.00

LF 48 12.00 EA 6 190.00 EA 1 900.00

IRCUD-1 ADJUST WATER METER EA 12 500.00 800 PAYMENT BOND LS 1 1.200.0Q

=nR LS 1 200.00

LS ?n non no I:XX ~~~:~~ ~~~OUNT

500.00 500.00

14.500.01 550.00

592.00 8.303.10 53,289.25 35,175.00

1~ A':\1 Rn

11

11,469.92 708.00 400.00 576.00

1,140.00 900.00

1,200.00

?n non on

6.270.00

1,800 2.200 120.0(

.....MQ_ 18.00

__b§Q_

14.67 9.60

6.270.00

1,800

1 ,320.( 18J08.51 666.00

84,513.87

800.00 4,900.01 150.00 10.50 20.00 3.00

12.02 8.75

.00

.00 nn .00

---9:800.00 I 1 650.00

23,110.50

19161.00 69,247.22

7.50

27.50 12,595.00 38.44 17,605.52 32.00 1 024.00 39.00 1 248.00

652.00 1 304.00 450.00 900.00 27.00 8 262.00 31.19 9.544.14 5.00 1 000.00 11.74 2 348.00 1.85 13 960.10 1.80 13 582.80 -

150.00 450.00 300.00 900.00 -245.00 245.00 425.00

11.40 547.20 17.82 150.00 900.00 300.00 350.00 350.00 1 800.00 120.00 1 440.00 300.(

1,746.99 1,746.99- ~.31'1', I . I 1746.99 I 2.317. ?n nnn_nn 20000 2n.non_no

855.36 _Q.OO 100

20 000.00

GRAND TOTAL TOTAL I 259,812.87 I TOTAL I , •• 7?0 •• TOTAL '1R.4 :'l.RQ_0.4

F:\Englneerlng\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0436 Bid Comparison 07-18-08 Page2

lrtem No.

T-1 '-1

[i2o:6::1 liiiii:4-1

334-1-113

430-174-101

522-550-10-228 57fi-1-1

700-41-10 711-35-241 1643-700 1644-800

11RCUD-1 800

I~

....

8"'

~1 OF

lATER POLLUTION I

D.E.S. __ l&GI REPL lr'\U D

I &INSTALU

1Oth Court SW from Oslo Rd to 7th Street SW

·. CO. , INC. J.H McGREGAN & SONS, INC

nu~nti+u I Unit I Unit Price Amount Unit Price Amount Unit I - it'~'¥..~ 5'' ;;_;.,';;.m&~

L:

1 ,750.00 !,850.00 1,756.00

2.850.1 3.756.1

f OUU. UU I l OUU. UU ~ HUU. UU 9 800.1 1.ooo.oo .1 1 ooo.oo 1 o5o.oo 1 o5o.oo I 1oo.oo

7 000.00 2 867.00 5 734.00 I 4 700.00 11.01 200.00 _I 2.2oo.oo 143.00 1.573.00 1 12o.oo

0') (Y') ....-

J

WI ~~?~rw

5.300.0U I 5,250.00 14,000.00

2 201. 7.00 15 407.00 3.50 7 703.50 7.35 16177.35 oNT CY 37 20.00 740.00 7.45 275.65 8.00 296.00

! STABILIZATION -12" SY 6 387 3.50 22 354.50 6.41 40 940.67 3.72 23 759.64 oD """"'NA SHELL BASE SY 5,761 12.25 70,572.25 11.86 68,325.46 9.70 55,881.70

TIC CONCRETE TRAFFIC C)(SP-9.5)11%") SY 4 690 9.35 43 851.50 9.32 43 710.80 10.20 47 838.00 jBITuMINOUS COATED CuRRUGAI ED STEEL PIPE c;ULVERT (10 JGAUGE) (12") LF 458 35.00 16,030.00 32.48 14,875.84 33.10 ««a on

.Lf'IPIE CULVERT CONC. RCP 15" LF 32 55.00 1 760.00 39.21 1 254.72 32.40 lEND SECTION CONC. RCP 15" EA 2 1 200.00 2 400.00 465.00 930.00 827.00

E SIDEWALK (4" THICK) SY 306 29.00 8 874.00 27.65 8 460.90 36.70 .230.20 I RELOCATE EXIST. CHAIN LINK FENCE LF 200 12.00 2.400.00 15.45 3,090.00_ 20.00.

SY 7 546 1.75 13 205.50 2.74 20 676.04- o.uu lSINGLE POST SIGNS (R1-1) (STOP) EA 3 350.00 1 050.00 480.00 1 440.00 335.00 1,005.00_

POST SIGN T-INTERSECTION W1-7) EA 1 500.00 500.00 491.00 491.00 475.00 475.00 I 24" WHITE (THERMOPLASTIC) LF 48 16.00 768.00 13.95 669.60 15.20 729.60 I VALVE BOX /VALVE PAD ADJUST OR MOVE EA 6 300.00 1 800.00 119.00 714.00 105.00 630.00 FIRE HYDRANT ASSEMBLY ADJUST EA 1 500.00 500.00 917.00 917.00 1 250.00 1 250.00 ADJUST WATER METER EA 12 350.00 4 200.00 364.00 4 368.00 100.00 1.200.00

IOND LS 1 1,800.00 1.800.00 3,250.00 3 250.00 2,610.00 o BOND 1 800.00 1 800.00 3 250.00 3250 2 610.00

' Af'f"r>IIMT 20.000.00 20.000.00 20.000.00 20000 20.000.00 ?n nnn nn

GRAND TOTAL TOTAL 'l~R 7'1? 7J;. TOTAL 271,856.18 TOTAL 301.651.09

F:\Eng!neering\Petltlon Pav!ng\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0436 Bid Comparison 07-18-08 Page3


~,tll'lt MOBILIZATION MAINTENANCE OF EROSION & WATER POLLUTION AS-BUILTS

"'· P'""E=RM"'I=TT=IN"'G""" IN. -1-1 !CLEARING & GRUBBINC

171 .,_, ... ,..._

~CEME~ ULA~

124" WHITE (THERMOPLASTIC)

i & INSTALL)

:c 'I cD STEEL PIPE·

JN (W1,7)

VALVE BOX/VALVE PAD ADJUST OR MOVE FIRE HYDRANT ASSEMBLY ADJUST

Jo~i ADJUST WATER METER I BOO PAYMENT BOND

801 PERFORMANCE BONC

)()()()()( FORCE ACCOUNT

GRAND_ TOTAL

'1W' <T (10

~----""·· I Unit I Unit Price

LS

FA ;y CY

_§y_ SY S1

LF

...!£. EA SY

...!£. SY EA EA --LF EA EA EA .b§._

__b§_

LS

r2;2c 37

6 38i 5,761 4.690

458

...R _2_ 306 200 1~6

__l 1 --

48 6

J1 _j_ _j_

1

10

454c. .illlL

129.00. .J!2f_

15.00 _MQ_

10.50 11.00

40.00 40.50 791.00 26.00 15.00

_2QQ_ 303.0C 328.0C --

6.00 241.00

801.0o 187.00

2710.0( 2710.00

?n nnn.nn

TOTAL

I, INC.

.6""noont

28,390.1 13,490.1

3.180.1

INELANDI

Unit Price

500.00 . I 7,236.50

1.419.00 200.00 12 105.50 10.71

555.00 25.00 37 044.60 7.12 60,490.50 13.23 51 590.00 9.82

'INC I

500.00

925.00 45 475.44 76,218.03

J

18,320.00 26.00 11,908.00 1 296.00 32.00 1 024.oo I 1 582.00 600.00 1 200.00 I 7 Cl"i.R nn 30.94 9 467.64

909.00 328.00 288.00

1,446.00 801.00

2,244.00 2.710.00

?n nnn nn

321,622.60

6.00 1 ,200.00 _ __bQQ_ _ _1!! 360.00 510.00 16.38

300.0(

350.00 5,200.00 5 200.00

?n nnn.nn

TOTAL

51 o.oc 786.24

?n nnn.nn

"::."l.,::; ":lnn a?

F:\Engineering\Petition Paving\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0436 Bid Comparison 07-18-08 Page4

0 ~ .......


!Item No.

101-1 tic 102-1 MAINTENANCE OF TRAFFIC

I 103-1 EROSION & WATER POLLUTION 108-1 AS-BUILTS 108.2 N.P.D.ES PERMITTING 110-1-1 CLEARING & ~1"\.VCDII'\1\.:J

0-7-1 MAILBOX REPLACEMENT (FURNISH & INSTALL) 120-1 EXCAVATION 120-6-1 EMBANKMENl 160-4-1 TYPE B STABILIZATION· 12"

285-706 8" CEMENTED COQUINA SHELL BASE 334-1-113 SUPERPAVE ASP HAL TIC

15+1 )0-40-1 10-41-10

71', -- -~ 1643-700 . -. 1-800

1801

lxxxxx

'BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (10 GAUGE) (12")

PIPIE CULVERT CONC. (RCP 15") lEND SECTION CONC. (RCP 15")

.K (4" THICK) ' EXIST. CHAIN LINK FENCE I (BAHIA)

SINGLE POST SIGNS (R1-1) (STOP) DOUBLE POST SIGN, T-INTERSECTION (W1-7)

HITE (THERMOPLASTIC) VALVE BOX I VALVE PAD ADJUST OR MOVE FIRE HYDRANT ASSEMBLY ADJUST ADJUST WATER METER PAYMENT BOND

:E BOND

: l!..f':r':()IINT

I TOTAL

llf!fi'R o :rTr\DI>.O.D/UIADl

~uantit[l Unit I Unit P ~iiili 4** ~ ~ 1Jd.wA:Z&unt ~~'

LS I 1 LS 1

SY 5,761 SY

LF

200 SY 7 546 EA 3 EA 1 LF

LS I 1

LS I 1

-----246.2,_ 760.00 1760.00 111 100.00 9 000.00 9 000.00

3360:60 3 360.00 9 000.00 9 000.00 ~moo 2~00 2~00 2~00

558.00 558.00 3692.00 7 384.00 12 573.50 25 147.00 223.00 _j 2 453.00 100.00 1 100.00 I

· ·-- 25 11.50 25.311.50 I

10.85 8.85

38.15 65.40

949.00 28.45 25.20

~ 335.00 474.00

15.25 290.00 1670.0( 530.00 1400.0( 1400.00

?n nnn.nn

TOTAL

233.10 2.00 74.00 11177.25 5.50 35128.50 ,;? ~;n,::;,_ss 14.65 Rd ':!.QR R">

17,472.71 2,092. 1,898.· :.705.

3,978.50 ,005.00 474.00

732.00

1.6~

?n nnn.nn

361.100.65

__1QJ1Q_

43.90 49.10

470.00 .75

).00

~ 218.50 376.00

34.50 500.00 750.00 500.00

2.420.00

?n nnn nn

TOTAL

20,106.20 1.571.20 940.00

16 978.50 655.50 376.00

1,656.00

750.00

?n nnn nn

., ... .,. ')'l':t cc

F:\Englneerlng\Petition Pavlng\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\0436 Bid Comparison 07-18-08

....-

"""' ....-

Pages

SECTION 00520- Agreement (Public Works)

TABLE OF CONTENTS

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

ARTICLE 2- THE PROJECT ......................................................................... ~ ................................. 2

ARTICLE 3- ENGINEER ····································································~~~~~_:fir········=·'······2

ARTICLE 4- CONTRACT TIMES ....................................... =····················::~...:.:::·~-:_:~···········2

ARTICLE 5- CONTRACT PRlCE ··················:~::::.:::::!¥:.;~~·········~·;.~'?.. ..................... 3

ARTICLE 6- PAYMENT PROCEDURES .... = ................. ,g:il ...............•• -~:': ..................................... 3

--~ """"'~~ ~ ARTICLE 7 -INDEMNIFICATION .... :: .. :..=~ ......... ::-::::: ....................................................................... 5

--=-~ --~ ~~ -:-~ --::

ARTICLE 8- CONTRACTGB2!:~~~:~~~T~ .... ::~ ............................................................... 5

ARTICLE 9- DOC~~:~~:;::::::§-................................................................................ 6

.,. ........................................................................................ 7

00520 ·Agreement (Public Works) SAMPLE 00520 -1 142 F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00520- Agreement (Public Works) SAMPLE.doc

•

SECTION 00520- Agreement (Public Works)

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

and (he~~i-na~ft~e-r-ca~ll~ed~C~O~N=T~RA~C~T~O~R~)_---------------------------------------

OWNER and CONTRACTOR, in consideration of the mutual ,-,n,r<>n,~r

agree as follows:

ARTICLE 1 -WORK

1.01 CONTRACTOR shall complete all Work as Documents. The Work is generally described as

ARTICLE 2 -THE PROJECT

2.01 The Project for which part is generally

3.01 Public Works Department is hereinafter called the ENGINEER and representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 -CONTRACT TIMES

4.01 Time of the Essence

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

00520 -Agreement (Public Works) SAMPLE 00520-2

F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave \Bid Documents\00520 ·Agreement (Public Works) SAMPLE. doc 143

4.02 Days to Achieve Substantial Completion and Final Payment

A The Work will be substantially completed on or before the 120 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150 day after the date when the Contract Times commence to run.

4.04 Liquidated Damages

A CONTRACTOR and OWNER recognize that i that OWNER will suffer financial loss if the specified in paragraph 4.02 above, plus

and

Article 12 of the General Conditions. work. The parties also recognize the a legal proceeding the actual loss time. Accordingly, instead of agree that as liquidated pay OWNER $ 2,121.00 for paragraph 4.02 for Substantial Substantial · "'"''~n·c

remaining Work OWNER, "~"~'"T<,I1r'T

expires after Jbe time payment until~~s

ARTICLE 5-CONT~ P~~-"'

nvcJIVE!d in proving in is not completed on

proof, and CONTRACTOR not as a penalty), CONTRACTOR shall that expires after the time specified in

Work is substantially complete. After refuse, or fail to complete the

proper extension thereof granted by 2,121.00 for each calendar day that

4.02 for completion and readiness for final for final payment.

5.01 .cE>~E~ shall p~NTRACTOR for completion of the Work in accordance with the .B::~ontract Docume~ an amount in current funds equal to the sum of the amounts --':peterm.lr?ffa::if~anm paragraph 5.01.A and summarized in paragraph 5.01.B, below: .. ~~~.;;;""'-· "~ ~

A ·Poraii.Work, a:_:~ prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.

B. THE ~~1" SUM subject to additions and deductions provided in the Contract::

Numerical Amount:$. ______________ _

Written Amount:

ARTICLE 6- PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

00520- Agreement (Public Works) SAMPLE 00520-3

F:\Engineering\Petilion Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00520- Agreement {Public Works) SAMPLE. doc 144

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 sh~ll retain ten percent (10%) of the payment amounts due to the CONTRACE..R until fifty percent (50%) completion of the work. After fifty percent (50%):-iempletion of the work is attained as certified to OWNER by ENGINEER in ltif~g, OWNER shall retain five percent (5%) of the payment amount due 4ECONT~OR until final completion and acceptance of all work to be perfor~E~ C.;.G:ll!lirRACTOR under the Contract Documents. Pursuant to Florida Statutes sti~Jr218.735(.8Jll;>), fifty percent (50%) completion means the poi2_t at which the rnf'Enty as Qlti'11'11ER has expended fifty percent (50%) of the total~ost of the constro~::!lPJJ~ices work purchased under the Contract Documents",''l.Q~ther with all costa1fsociated with existing change orders and other .aqclitions eE\tnodifications.;.to fhe construction services work provided under t~nmr:lilEOocCn:ri:?f!tS. -

~ }:.:.:: ~ ~ 6. 03 Pay Requests. ~.:;;:_ :.::-- _

~ ~ .::=-::-A. Each request for a progr~ymellJii:;§ffi3JI be submitted on the application for

payment form supplied ~:bJERa~the application for payment shall contain the CONTRACTOR'S cemfii;~ll, All pr;Qsress payments will be on the basis of progress of tt.te=:wnrk meas~:~t~d'"'6¥1f1be s~dule of values established, or in the case of unit ~~ ba~"Q or;;a~ number of units completed. After fifty percent (50%) "3'!orfll!ll~n.~nd 'Pursuant to Florida Statutes section 21 the"'~t.JTR111~B may submit a pay request to the County as

to on~alf (1/2}'0'f.the retainage held by the County as OWNER, OWN~_shall promptly make payment to the CONTRACTOR

"'fu"'e subject of a good faith dispute; the subject of a r:;:,rarures section 255.05(2005); or otherwise the subject

F.m:~nn by the County as OWNER or the CONTRACTOR. The acknowledges that where such retainage is attributable to the

materials supplied by one or more subcontractors or suppliers, shall timely remit payment of such retainage to those and suppliers. Pursuant to Florida Statutes section

j(c:)(2()0~i), CONTRACTOR further acknowledges and agrees that: 1) as OWNER shall receive immediate written notice of all decisions

CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

00520. Agreement (Public Works) SAMPLE 00520.4

F:\Engineering\Pelition Paving\0522 1st Rd.-from 32nd Ave. to 35th Ave\Bid Documents\00520- Agreement (Public Works) SAMPLE. doc 145

{this is another provision in the agreement between owner and contractor that you may or may not have]

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, howe.lliF, final or otherwise, shall not release the CONTRACTOR or its sureties frem:"'any obligations under

the Contract Documents or the Payment and Perfo~ce:.~:.~:

ARTICLE 7 -INDEMNIFICATION ·-=--~-=----

7.01 CONTRACTOR shall indemnify OWNER, ENG~EER, and other;§§:i[l accor.oance with paragraph 6.20 (Indemnification) of the General ~itions to the Cohs'fi:.~;LctjQmeontract.

ARTICLE 8 - CONTRACTOR'S REPRESENT_¥N~~:;""~~' --::!?" --:;;::"""" 8.01 In order to induce OWNER to enter .lGiQ'this Agreeooent C®:l!lii~'GTOR makes the following representations: -.;;,;,;,.. -""- ~ ,::::;"' ·~=-- .~· ~

A. CONTRACTOR has examinedf£1-ja~ ca~~1ij~~~died the Contract Documents and the other related data identified in th~ji"iflT:l9 DdCE!ments.

~ ~~ "_;:_

B. CONTRACTOR has..;Y.}i~£! the Si~;:d~_c;;ome.;~miliar with and is satisfied as to the general, local, and Slie~itions that;may:af:f.ect cost, progress, and performance of the w k ·=~-=- = '= or . ~-:::::_ • . •••. -

C. CONTRACT~is:::familiar wifl~·=d ~~ satisfied as to all federal, state, and local Laws and Regulations fimt ~1fect cosf;"P.mgress, and performance of the Work.

~ -=~

D. C~;[B.ACTOR'3:la~refu11~died all: (1) reports of explorations and tests of _,slfiifs'fil'fa'ce conditloi'IS"·at or contiguous to the Site and all drawings of physical conditions '"~if or relating to eis1ing surface or subsurface structures at or contiguous to the Site ~~excepL~ou~ Facilities) which have been identified in the Supplementary c:;;~~ns as Pl!eYideJ;I' in paragraph 4.02 of the General Conditions and (2) reports and

draw1ngs of a ~ardous Environmental Condition, if any, at the Site which have been identified in t~pplementary Conditions as provided in paragraph 4.06 of the General Condi®!:~:::='"'

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

00520- Agreement (Public Works) SAMPLE 00520-5

F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00520 -Agreement (Public Works) SAMPLE. doc 146

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

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

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

I. CONTRACTOR has given ENGINEER written notice of all cOiiiicts, errot§?ambiguities, or discrepancies that CONTRACTOR has discovered in the ~Eact.la"W.eliments, and the written resolution thereof by ENGINEER is acceptable to CONT~~~R. ~

J .. The Contract Documents are generally sufficien*.d.ndicate and co~V~::.undif,standing of all terms and conditions for performance and fumis~.of the Work. -~.

::C:::NTRACTDOCUMEOITS ~::;-~-~ ;;c~ -

>::::::=.. ~:"'

A. The Contract Documents consis~M.follo~iijg;;_ ~~ "~-

1. This Agreement ~1_~!s 00520-~,. d'o~:):~"':;'· 2. Performance Bond--(p~~.Q-'!;fg 00~;:0-5);

-. "'=- ~ 3. Paymen~?ges 0~1. to Off6"f2-5);

-::""'~~ ~ .

4. General Ci:l~~~io~~s~0~7tr0"-1 to 00700-45);

~lementa~ditions (pages 0080-1 to 0080-8);

~- Sp~Jl.iti.!ii!lit:m§; a"S3i.§ted in the table of contents of the Project Manual; . ~ -~;;:_---=., "';;

"7":'93fawings c~~~1sting:

~~15'posed Paving and Drainage Improvements, -=t'roject #0522, and 0436 dated 8/27/07 and 11/14/06.

8. Appendices to this Agreement Appendix A - Permits Appendix B - Best Management Practices Appendix C - As-Built Record Survey Checklist Appendix D - Roadway Soil Survey

9. Notice to Proceed (Page 1, inclusive)

10. CONTRACTOR'S BID (pages 1 to 8, inclusive)

00520.6 00520- Agreement (Public Works) SAMPLE

F:\Engineering\Peliticn Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00520- Agreement (Public Works) SAMPlE. doc 147

11. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive).

12. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive)

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

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

a) Written Amendments;

b) Work Change Directives;

c) Change Order(s).

-

-~~-15. Contractor's Final Certificate of the Work (page"'(;)J:l£.32- 1 & 2 of the~~cifications)

ARTICLE 10- MISCELLANEOUS :;:_~--._.:::--.-.7 '"'" 10.01 Terms .. ··

10: ::::::_;:·"'~ '- lodl_, lolho Gooornl CoodiiOo.

A. No assignment by a~~1!.£~Jo of~ny ri§~!§._under or interests in the Contract will be binding on another pa~eref[~\llith'6:ill the "'written consent of the party sought to be bound; and, §gecifically biJl:;:;;;,jt~ollf'ifltii~jpn, moneys that may become due and moneys that are duElj[~§!~Qt be ass~d wi'ffiijut such consent (except to the extent that the effect of this;$§1sli'ic!ioR;::l!lay b'"e:!L'!lited by law), and unless specifically stated to the contrary in an%ii;tritten cl!TS1!1:1lto lli!tassignment, no assignment will release or discharge thy.sJ%!gnor fron~n,Y(~y OM"~nsibility under the Contract Documents. -~·~,.~~ '!7"'"-·-

1 0.03~~es;~rs and AsSfgf!s ~;: ~ -__

A:~AW~gg?a"nd --~NT~CTOR each binds itself, its partners, successors, assigns, and lergmiepresentatBT.es to the other party hereto, its partners, successors, assigns, and legal repres~?ntative.§'.i:!r:t respect to all covenants, agreements, and obligations contained in the Contra<j!~~lifents.

10.04 Severability

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

00520 ·Agreement (Public Works) SAMPLE 00520.7

F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Oocuments\00520- Agreement {Public Works) SAMPLE.doc 148

10.05 Venue

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

10.06 Other Provisions

NOTE TO USER .:f.:~ 1. Insert other provisions here if app~e. :E':S""

[Tho ~•oo~ of lhl• P'!l' ~ loll blook '"""'~~

00520 -Agreement (Public Works) SAMPLE 00520- 8

F:\Englneering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Oocuments\00520 -Agreement (Public Works) SAMPLE. doc 149

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: ---::-,---,:-::-.,-----=-:-,----Sandra L. Bowden, Chairman

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

CONTRACTOR:

-~"tt ""'"!-~~ ~ es;:-~=------,.-,----------

APPROVED AS TO FORM AND SUFFICIENCY: LE~ k.; By: __ ~=-~~~~~~~~~=-~-==-

~~dress for giving notices:

Jeffrey K. Barton, Clerk of ca'd~t~~:.:::"""""

Attest: ----.:::,~;o;""':;:"'~::;-::;::;;~ ~-·-,.,,----"-"::-:=-=-

(SEAL) De~tytit!_l~~;_,,_. Design.afi[~~resentatTv.e=- ~ Name$ilristopher J. Kafei5Jr. P.E. Title: :.'§County ~er · 1801 2~tJ:Sttfe~~ . Vero BeaciT;'"Fiorida 32960 (772) 226-1221 Facsimile: (TZW43~1

License No. --,-,.,-----..,.-----(Where applicable)

Agent for service of process: ______ _

Designated Representative: Name: Title: ------------,--------------

Address:

Phone: Facsimi.~le_: ____________ _

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

* * END OF SECTION * *

00520- Agreement (Public Works) SAMPLE 00520.9 150 F:\Englneering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00520- Agreement (Public Works} SAMPLE.doc

gs CONSENT AGENDA

DATE:

TO:

THROUGH:

FROM:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

August 13, 2008



Thomas Frame, General Se7es Director

Erik Olson, Utilities Directo.l A

Jerry Davis, Purchasing Manager

PREPARED BY: Maeghan McLaughlin, Staff Assistant, rchasing Division

SUBJECT: Approval of Bid Award for IRC Bid No. 2008065 Furnish Two (2) 150 HP Variable Frequency Drives (VFDs)

BACKGROUND:

The Department of Utility Services has requested the solicitation of competitive sealed bids for the purchase of two (2) 150 hp Variable Frequency Drives (VFDs) to be used at Indian River County South RO Plant. The Variable Frequency Drives (VFDs) are a direct purchase and are part of the Indian River County South RO Plant Modifications Project, which is budgeted for $2,800,000.00.

BID RESULTS:

Bid Opening Date: Advertising Date:

July 2, 2008 at 2:00 pm June 11, 2008

DemandStar Broadcast to: Specifications requested by:

Four Hundred Twenty Nine (429) Vendors Thirty One (31) Vendors

Replies: Eight (8) Vendors

BID TABULATION:

World Electric Supply Port St. Lucie, FL $28,582.00 Technology International, Inc. Lake Mary, FL $36,946.00 Tampa Armature Works, Inc. Riverview, FL $44,758.00 Florida Bearings, Inc. Riviera Beach, FL $45,810.00 Siemens Energy & Automation, Inc. Alpharetta, GA $49,700.00 HD Supply Electrical Pompano Beach, FL $55,000.00 Electrohydraulic Machinery Co., Inc. Pembroke Park, FL $72,300.00 Applied Industrial Technologies Orlando, FL · .· · NO BID .·· ..

(Continued)

F:\Purohasing\Bids\2007-2008 FY (2008000)\2008065 Furnish Two (2) 150 HP Variable Frequency Drives (VFDs)\Agenda.doc

151

Memo to Board of County Commissioners Bid No. 2008065 August 13, 2008 Page Two ofTwo

TOTAL AMOUNT OF BID:

SOURCE OF FUNDS:

RECOMMENDATION:

CONSENT AGENDA

$28,582.00

47123536-044699-06546

Staff recommends that the bid be awarded to World Eledric Supplr as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the issuance of a purchase order.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form

F:\Purchasing\Bids\2007-2008 FY (2008000)\2008065 Fmnish Two (2) 150 fll> Variable fuqnency Drives (VFDs)\Agenda.doo

152

INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM

DATE: July 28, 2008

TO:

THRU:

FROM:

Jerry Davis, ~r~a-sing Manager

Erik Olson,~~ Services

Terry Southard, Operations ManagerDV S

SUBJECT: Bid#. 20008065 Acceptance Memo

Background:

The Department of Utility Services opened bids on July 2, 2008 for Bid# 2008065 Two (2) 150 HP Variable Frequency Dqves. Seven companies responded to the bid invitation.

World Electric Supply Port St. Lucie, Fl Technology International Inc. Lake Mary, Fl Tampa Armature Works Inc. Riverview, Fl Florida Bearing, Inc. Riviera Beach, FL Siemens Energy&: Automation, Inc. Alpharetta, GA HD Supply Electrical Pompano Beach, Fl Electro hydraulic Machinery Co., Inc. Pembroke Pines, Fl

Recommendation:

$28,582.00 $36,946.00 $44,758.00 $45,810.00 $49,700.00 $55,000.00 $72,300.00

Staff recommends the lowest bidder, World Electric Supply, Port St. Lucie, Fl. be awarded subject bid for a price of $28,582.00. The Variable Frequency Drives are part of the South RO Plant modifications project, which is budgeted for 2.8 million. 1.35 million remains to be done over the next two years.

F:\Utilities\UTILITY- EMPLOYEE FOLDERS\Teny Southard\Memos\Memo to Jeny Davis Bid #2008065 VFD July 2008.doc

153

DATE:

TO:

FROM:

July 2,2008

INDIAN RIVER COUNTY GENERAL SERVICES DEPARTMENT

PURCHASING DIVISION INTEROFFICE MEMORANDUM

REQUEST FOR REVIEW

Terry Southard, Utility Operations Manager Utilities Operations Center

Jerry Davis, Manager Purchasing Division ~

SUBJECT: me Bid No. 2008065 Project Furnish Two (2) 150 HP Variable Frequency Drives

(VFDs)

For your review and recommendation, please find the enclosed copies of the bids received for the abovereferenced bid.

Please respond with a written recommendation in order to proceed with the remainder of the bid procedure in a timely manner.

If you require any additional information or clarification regarding this award, please do not hesitate to give me a call.

Thank you.

Attachments 2008065 Bid Tabulation

Bid Results:

154

........ c.J'I c.J'I

Bid No.: 2008065

Bid Name: Fumilh Two (2) 150 HP Variable Frequency Drives (VFDs)

Bid Opening Date: 07/02/2008 Thne: 2:00 pm

Indian River County Purchasing Difuion 1800 27th Street, Vero Beach, FL 32960

(772) 567-8000 ext. 1418

BID TABULATION

Witness: M_ae!!han MeLaul!hlin

Witness: Joe Krevlin2

BIDDER'S NAME AND LOCATION

<.l ... = .El ... = 6 "' <.l <.l

.. <:> ·~ .El .El ~ t <>:! c; -; i j .5 = = -= b ... -= ~

<:>

~ <.l = ~ ..... ... .... ~ = < OS ..... .... OS

= ..... E f '": ..... ~ :sro: :::E r;., ";,! VJ r;., ;})f;l;, ... ~ :s 2 .....

~ ~ ~~ ... -= ·- !3 ... . = ~

~~ = 5 :s .. .El r;., ·; 1 "' ·- f . = ..... ... ~ ~ ~ ~ t = <f "c:: Q, "c:: r;., .!:l ..... ~~ f;o1 = - e f] .El ~ f;o1 ...: c; :::E f "' ~ g: ii 1 .g ~.-e OS i3 ~t ~ ~

"c:: = .... = ii ·c .. e -= rn e ~ ~ ·s: .£ ~ 15:-c e e ~ ~ .. ....

~: ~ Q, "" ..... "" ~ Ci:i < f;o1 Q, < 0 REQUIRED FORMS

Bid Form X X X X X X X Addendum No. 1 X X X X X X X Dlsdosure X X X X X X X Price Extend y N y y N y y

Two (2) 150 HP Variable Frequency Drives (VFDs)

UNIT PRICE $ 14,291.00 $ 18,473.00 $ 22,379.00 $ 22,905.00 $ 24,850.00 $ 27,500.00 s 36,150.00 NO EXTENDED PRICE $ 28,582.00 $ 36,946.00 s 44,758.00 $ 45,810.00 $ 49,700.00 $ 55,000.00 $ 72,300.00 BID

Honeywell lnt'l, RoblconW-Eaton Cutler- >< M ... Cutler Hammer ASH Bald or Series W150 ASH Inc.

Drives HammerVFD

Model HVXI5014AAKIP NXBJ1500CS203

ACSSSO · VSISP WJS0-40150- HVX15014AAK1P ACS800-U4-0140- >< ttKI CillO 10210 lPF•KI 5

DeBveryARO Jweeks S-6weeks 10-12 weeks 6weeks 16weeks 6- 8weeks 6weeks >< !COMMENTS:

-~

Indian River County Purchasing Division 1800 27tb Street Vero Beach, FL 32960

Specifications for:

Bid#:

Bid Form

Furnish Two (2) 150 liP Variable Frequency Drives (VFDs)

2008065

Bid Opening Date I Time: July 2, 2008 at 2:00P.M.

Bid Opening Location: Purchasing Division 1800 27tb Street Vero Beach, FL 32960

-

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following:

150 liP Variable Frequency Unit Price Extended Price Drives (VFDs)

Quautity2 $ 14,291.00 Each $28,582.00 Total

• Make: CUTLER HAMMER

• Model: HVX15014AAK1P1*KI

• Delivery AR0:..:3c..:Wc.:;E::;E::;K..::S::_ _________________ _

Please submit one (1) original and one (1) copy of your bid.

Will your company extend these prices to other governmental agencies within the State of Florida?

Yes~ NoD

The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read aU the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name: WORLD ELECTRIC SUPPLY

Company Address: 663 NW Enterprise Drive

Page 19 of25

156

City, State .:..P.:::o.:.:rtc..:S:..:a:.:.:in.::t-=L=u=ci=e'-'' Fc.:L=---------------- Zip Code ..:3c..:4.::.98=6=-------

Telephone: 772 873-9668

E-mail: [email protected]

Occupational License: 5000-20040016

Authorized Signature:~ Name: Johnny Reyes

(Type I Printed)

Fax: 772 873-9926

FEIN Number: ..::5.:..:10:..:3=89::..:5:..:8.=2 _____ _

Date: 6-30-2008

Title: .:::Sc=ac.:le.:::s ________ _

Page 20 of25

157


MEMORANDUM

TO: Joseph A Baird; County Administrator

FROM: Mark L. Zans; Senior Planner, Current Development


CONSENT AGENDA

SUBJECT: Harry Klimas' Request for Final Plat Approval for a Subdivision to be known as Oak Island Estates f7k/a Oak Island Phase 3 [2003030145-60444/ SD-04-08-36]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 19, 2008.

DESCRIPTION & CONDmONS:

Oak Island Estates consists of 14 single-family lots on 6.48 acres located on the north side of73rd Street, east of U.S. Highway 1. The property is zoned RS-3 (Residential Single Family- up to 3 unit per acre) and RM-3 (Residential Multi- Family- up to 3 units per acre), and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. The density for Oak Island Estates is 2.16 units per acre.

On November 18, 2004, the county granted preliminary plat approval for Oak Island Phase 3, now known as Oak Island Estates. The applicant subsequently obtained a land development permit, constructed the required subdivision improvements, and obtained a Certificate of Completion. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Oak Island Estates.

1

158

ANALYSIS:

All of the Oak Island Estates required improvements have been completed and inspected. A Certificate of Completion was issued on August 12, 2008. As part of the Certificate of Completion process, the developer has posted a 3-year maintenance bond to guarantee road and drainage improvements. All improvements (stormwater tracts, landscape tracts. roadways) will be private, with the exception of certain utility facilities, which will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval have been satisfied.

RECOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Oak Island Estates.

ATTACHMENTS: Indian River Co,

Admin.

l. Application · 2. Location Map 3. Plat Layout

Legal

Budget

Dept

RiskMgr.

APPROVED AGENDA ITEM:

1<:\Community Development\Users\MARKZ\Docs\BCC\Oak:IslandEstatesSD.rtf

2

159

FINAL PLAT APPLICATION (PLT PROJECT NAME PRJNT): Oak Island Phase Ill ,f! NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFEREN~~JHIS ... "iJ,~ PROJECT (SUCH AS "WOODY BIG TREE SUBDIVISION"). ~~:;l~I£J:~{l, COMPUTER ASSIGNED PROJECT NUMBER: 2003030145-~ t;oi/lll(

ASSIGNED FILE NUMBER: __ 4:_:4_c4_:_59.:::___ _____________ _

CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND IRC ASSIGNED FILE NUMBER: SD- 04 - 08 -_3=-:6,___

OWNER: (PRINT)

Mr. Harry Klimas

NAME 1756 27th Avenue ADDRESS

Vero Beach, FL CITY STATE 32960 L___) 772_ 564-0097 ZIP PHONE L___) _________ _

FAX NUMBER

EMAIL ADDRESS Harry Klimas

CONTACT PERSON

PROJECT ENGINEER: (PRINT) W. F. McCain & Associates, Inc. NAME

1171 19th Street

ADDRESS Vero Beach, FL

CITY STATE 32960 c!!J 77Q 1,_0_93 ___ _ ZIP PHONE ( 772) 770 -__ 1.;_o5:_::0.oc8 ----FAX NUMBER

[email protected]

EMAIL ADDRESS W'll' F M C . P E 1 1am . c a1n, ..

CONTACT PERSON Revised June 2006

AGENT: (PRINT)

W. F. McCain & Associates, Inc.

NAME 1171 19th Street

ADDRESS Vero Beach, FL

CITY STATE 32960 (772 )__JID=---_1.:_:0:_::9-=.3 __ _ ZIP PHONE ( 772 ) 770 -__ .:_:15:_::0""8 ____ _ FAX NUMBER

[email protected]

EMAIL ADDRESSWilliam F. McCain, P.E.

CONTACT PERSON

PROJECT SURVEYOR: (PRINT) Daniel Talbott, V., PSM #5642

NAME 1179 Old Dixie Highway, Suite B

ADDRESS Vera Beach, FL

SJ29Bo (72-5r-8~84 STATE

ZIP PHONE (772-£64-2071 _______ _

FAX NUMBER [email protected]

EMAIL ADDRESS Daniel Talbott

CONTACT PERSON

.... ...J u

\

I [ ~ I

,\N I __.,

U7 N

UNPLATTED ACREAGE ZONING:CL

l.ANO use: C/1

OAK ISLAND ESTATES PLATBOOK ___ _ THE SOIJ'fH ), OF THE NORTH Jj OF TI1E SOIJI}lOIIST ~, OF THE NORrnwEST ); Of SECTION 3, TOWNSHIP 32 SOUTK, RANGE Jg EAST OF lNOIAN RI\IERCO\JNTV, flORIDA S/lVI~ANO EXCEPTIN<:: AU. OF THAT PART THEREOF lYING WEST OF ~feW US I-IIOIM'AV l,ANDAlSO THAT PARTl~EREOFFf!ONTING ON THE EASTSIDE OF HEW US HIGHWAY 1 AN0 EXTENDING EASlWARD TO Till;: DEPTH 01' :!OC.OO FEET. fOOUHER VUfiJ-l A>! E.O.SEMENT 30.00 FEET INWIDTHAI.ONG THE SOUTii Et.tl OF SAI0'200.00' PARCEL FOR ROADWAY PURPOSES FOR INGR£SS ANOEGRESS TOll-lilT PAIUOF SAlDSOUTI-1 !i 01' THE NORTH lz OF THE SOlJTHEI,ST )~ OF l)jE NORTHCIIST f, ~YING EAST OF SAIDO!OD.OD' PARCEl. AS RECORDED IN OFFICIAL RECoRD BOOK 1220, PA(l.E 12QII.1201. PUBUC RECOROS OF INOIAN RIVER COUNTY, Fl.ORIOII.

PAGE _____ _ SAID PARCEl CONTIANING 262,01!4 SF OR 6.48ACRES, MORE OR lESS.

ON< ISLAND CSTA~ ZONINa: RM·3 AND /IS-a

LAND USE Mil

OAK ISL.AUO PHIISE II PlAT BOOK 16, PAGE 69

NOT APARTOFTHiliPLAT

OAK ISLAND PHASE I PLATBOot<:1i,PAGE3a

UNPUI'ITED ZONING-.RS-3 I.ANOUSE: Mn

OAK ISLAND Plli'ISE I PlAT BOOK 15, PAClE 38

NOT A PART OF 11-115 PlAT

,,c ojz

iii

DOCKET NUMBER

SURVEYOR'S NOTES

1. NOTICE: THIS PlAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED lANDS DESCRHlED HEREIN AND WILL IN NO ORCUMSTANCES BE SUPPlANTED IN AUTHOfUTY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PlAT. THERE MAY EIE ADDmONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PlAT THAT MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUN1Y. [Ol. 177.091(27) F.S.)

2. NOTICE: NO CONSTRUCTION, TREES OR SHRUBS WILL BE PIAC!:D IN EASEMENTS Wlll10UT COUNTY APPROVAL [CH. 913.07(6)(0)24, INDIAN RIVER COUNTY CODE]

3. NOTICE: ROUTINE MAINTENANCE (E.G. MOWING, ETC.) OF EASEMENTS SHALL BE TilE RESPONSIBILITY OF THE LOT/PROPERTY OWNER(S) AND NOT INDIAN RIVER COUNTY. [CH. 913,07(6)(0)24, INDIAN RIVER COUNTY CODE)

4. PROPERTY OWNERS ARE PROHIBITED FROM PlANTING ANY CARIBBEAN FRUIT FLY AND CITRUS GREENING HOST PlANTS AS SPEOFIED HEREON AND ARE REQUIRED TO REMOVE THE SAME IF ANY EXISTS: CATTLEYA GUAVA, COMMON GUAVA, LOQUAT, ROSE APPLE, AND SURINAM CHERRY, CHINESE BOX ORANGE, ORANGE JASMINE.

5, ALL PlATTED UllUTY EASEMENTS SHALL ALSO BE EASEMENTS FOR lliE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVlSION SERVICES; PROVIDED HOWEVER, NO SUCH CONSTRUCTION, INSTAUATlON, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHAll INTERFERE Willi THE FAOliTlES AND SERVICES OF AN ELECfRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTIUTY. [CH 177.091(28) F.S.]

6. NO BUILDING PERMIT Will BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTIL AN IN mAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TAACf IS OBTAINED. INDIAN RIVER COUNTY ODES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT THE TIME WHEN A APPUCANT OR APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTifiCATE. [CH. 910,08(2:)(C), INDIAN RIVER COUNTY CODE]

7. PERMANENT REfERENCE MONUMENTS lABELED 'PRM PSM 5642" HAVE BEEN SET WHERE INDICATED ON THE MAP.

8. IT IS A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABlE AS PROVIDED S. 775.082 OR S. 775.0B3, FOR ANY PERSON TO MOLEST ANY MONUMENTS ESTABUSHED ACCORDING TO THIS PlAT OR TO DI:FACE OR DESTROY ANY MAP OR PlAT PlACED ON PUBUC RECORD. [CH. 177.121 F.S.]

9. lltE HORIZONTAL CONTROL DATUM IS THE NOIITH AMERICAN DATUM OF 19B3 {NAD83), 1999 ADlU51MENT, THE MONUMENTS USED TO ESTABUSH HORIZONTAL CONTROL ARE NATIONAL GEODETIC SURVEY MARKERS GPS 148 AND GPS 1020. G,P.S. # 148 N: 1235024.66 E: 842193.30 G.P.S. # 1020 N: 1231002.791:: 843541.54

10. THE VERTICAL CONTROL DATIJM IS THE NATIONAL GEODEnC VERTICAL DAnJM OF 1929 (NGVD29). THE BENCHMARK USED TO ESTABUSH THIS DATUM IS: P·33

11. BEARINGS ARE BASED UPON lliE FLORIDA STATE PlANE COORDINATE SYSTEM, EAST ZONE, AS ESTABUSHED BY SURVEY TIES TO NATIONAL GEODETIC SURVEY MARKERS GPS 148 AND GPS 1020.

12. TIES TO GOVeRNMENT CORNERS AND TO !RCHCN (INDIAN RIVER CDUI'ITY HORIZONTAL CONTROL NETWORK) MONUMENTS CONFORM TO FGCC {FEDERAL GEODETIC CONTROL COMMmEE 1984 STANDARDS AND SPECIFICATIONS FOR GEODEnC CONTROL NETWORKS) THIRD ORDER CIA5S I STANDARDS. [CH. 913.07(6)(D)10.C, INDIAN RIVER COUNTY CODE]

13. COVENANTS, RESTRIGnONS, AND RESERVATIONS AffECTING THE OWNERSHIP OR USE OF THE PROPERlY SHOWN ON THIS PlAT ARE FILED IN OFFICIAL RECORD BOOK 1B94, PAGE 2350 OF THE PUSUC RECORDS OF INOlo\N RIVER COUNTY.

14. THE COMMON AREAS AND RIGH15-0F·WAY ARE NOT DEDICATED TO THE PUBUCAND WILL NOT BE MAINTAINED, REPAIRED OR IMPROVED BY THE COUNTY. [CH. 913.07(S)(C)S, INDIAN RIVER COUNTY CODE)

15. THIS PlAT APPEARS TO LIE WITHIN FLOOD ZONE X AND AE-7.00 ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY fLOOD INSURANCE RATE MAP NUMBER 12061C0087 E, DATED MAY 4, 1989.

THIS INSTRUMENT WAS PREPARED BY:

DANIEL W. TALBOTT, V: PROFESSIONAL SURVEYOR

AND MAPPER 1279 OLD DIXIE HIGHWAY

VERO BEACH, FLORIOA329Sll (772)56!/.B884 FAX (772)584·2071

r OAK ISLAND ESTATES '

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SHEET 3 OF 4

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OAK ISLAND ESTATES PLAT BOOKc__ ___ _

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TillS '"STIWHENT PIIEPARED BV; DANIEL W • TALBOTT, V

PRO,.SSIONAL SURVIVOR AI<O K.O.PPEII U19 OU> OIXlE HIGHWAY

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SHEET 4 OF 4


MEMORANDUM


FROM: Mark L. Zans; Senior Planner, Current Development


CONSENT AGENDA

SUBJECT: Sator L.L.C.' s Request for Final Plat Approval for a Subdivision to be Known as Venezia Estates fka Indian Lake Estates [2003070314-61625 I SD-03-12-29


DESCRIPTION & CONDmONS:

Venezia Estates consists of39 single-family lots on 30.36 acres located on the south side of 12th Street, east of 58th Avenue. The property is zoned RS-3 (Residential Single Family- up to 3 units per acre), and has an L-1 (Low Density 1 up to 3 units per acre) land use designation. The density for Venezia Estates is 1.28 units per acre.

On January 22, 2004, the county granted preliminary plat approval for the Indian Lake Estates subdivision, now known as Venezia Estates. The applicant subsequently obtained a land development permit, constructed the required subdivision improvements, and obtained a Certificate of Completion. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Venezia Estates.

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165

ANALYSIS:

All of the required Venezia Estates improvements have been completed and inspected. A Certificate of Completion was issued on August 12, 2008. As part of the Certificate of Completion process, the developer has posted a 3-year maintenance bond to guarantee road and drainage improvements. All improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities, which will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval have been satisfied.

RECOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Venezia Estates.

ATTACHMENTS: fudian River Co,

Admin.

L Application 2. Location Map

Legal

3. Plat Layout Budget

Dept

ItiskMgr.


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MEMORANDUM


THROUGH:

FROM:

DATE:

RE:

DIVISION HEAD CONCURRENCE:

Robert M. Keating, AIC Community Development Di c r

Sasan Rohani, AICP 4 .,;f' Chief, Long-Range Planning

Bill Schutt, AICP ~- . Senior Economic Development Planner, Long Range Planning

August 11, 2008

Consideration of Community Development Block Grant Disaster Recovery Initiative Modification #5

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 19,2008.

INTRODUCTION

To assist local governments in their recovery from the effects of the 2004 hurricanes, the federal government enacted the Military Construction Appropriations, and Emergency Hurricane Supplemental Appropriations Act, Public Law 108-324. That Act appropriated $150 million in Community Development Block Grant (CDBG) funds for disaster relief, long term recovery, and mitigation directly related to the effects of the disasters that were covered by Presidential Disaster Declarations.

Of the $150 million in disaster relief funds, $100,915,626.00 was earmarked for Florida counties. In Florida, an allocation plan was subsequently developed. That plan set aside $9 million for Indian River County and the five municipalities within the county. The $9 million was to be allocated based upon community need and upon which local govermnents applied for grant funds.

On March 29, 2005, the Board of County Commissioners authorized the Community Development Director to make application for the full $9 million in Hurricane Disaster

171

Relief Initiative funds available countywide. The application included a proposal to fund potable water, sewer, flood control, beach restoration, and fire station projects.

CDBG Grant Award

In May 2005, the County was informed that it would be receiving $7.5 million of the $9 million in disaster relief funds allocated to the area. The remaining $1.5 million was awarded to the City of Fellsmere, the only municipality in the county which had applied for funding.

Subsequently, the County prepared and the Florida Department of Community Affairs (DCA) approved changing the CDBG application to reduce the overall CDBG budget from $9 million to $7.5 million. As part of that reduction, the beach restoration project was completely removed from the grant (deemed ineligible by DCA). In addition, funding cuts were made in the administration, engineering, and individual project line items.

Grant Agreement

The CDBG agreement approved by DCA includes project work plans that identify the projected timeline for completion of grant funded projects. That agreement also includes program budget and scope of work sheets that detail sources of funds for the projects and the number of low and moderate income persons served by the projects (CDBG funds must be used to benefit low and moderate income persons).

Since awarded, the grant agreement has been modified a total of four times. Those modifications involved removing projects from grant funding, re-allocating CDBG funds among the projects, and extending the expiration date of the agreement to account for unanticipated funding and construction related delays. Nearly all of the projects that were removed from the grant were subsequently funded through other sources.

Through the grant modifications, the number of projects ultimately funded was reduced to four. Those projects funded by the grant are:

• Oslo Road Fire Station; • Phase I of the Wabasso Water Project; • Phase II of the Wabasso Water Project; and • Roclaidge Sewer Project.

Current Grant Status

Pursuant to the County's CDBG DRI contract with the Department of Community Affairs, CDBG DRI funds must be spent by August 19, 2008. At this time, Fire Station #4, Phase I of the West Wabasso water line project, and Phase II of the West Wabasso water line project are complete. The Rockridge Sewer project is under construction and

2

172

approximately 95% complete. The Rockridge Sewer project needs additional time beyond August 19,2008 to be completed.

Attachment 1, "Modification #5 to the Grant Agreement", includes revised work plans for all four of the CDBG DRI funded projects. The analysis section of this memorandum reviews the proposed revision in detail.

At this time, the Board of County Commissioners must approve or reject the proposed modification to expand the timeline for the projects by 3 months.

ANALYSIS

The proposed modification to the 2005 Disaster Recovery Initiative Community Development Block Grant agreement involves an adjustment of the project work plans for each of the County's four grant funded projects. With the project work plan adjustments, the grant agreement will be extended by three months from August 19, 2008 to November 19, 2008.

Project Work Plans

All four of the project work plans have been revised to show an administrative closeout in November 2008. This date must be the same on all four of the revised project work plans. It reflects the date that the grant will be closed out by the County.

Along with moving the administrative closeout date to November 2008 on each of the four separate project work plans, the project work plans for Phase II of the Wabasso Water project and the Rockridge Sewer project have been modified to reflect actual and projected dates for specific activities related to each project. Since Phase II of the Wabasso Water project is now complete, its work plan has been revised to reflect actual time periods for construction and project completion. Since the Rockridge Sewer project is still under construction, that project work plan has been updated to reflect current construction schedules.

It is anticipated that the Rockridge Sewer project will take up to the additional three months to complete. This project is a substantial undertaking, involving the installation of approximately 21,500 lineal feet of sewer lines and hooking up over 400 homes. The project was initially slowed do to complications with obtaining funding for the project from the FEMA Hazard Mitigation Grant Program (HMGP). Unlike the CDBG program, the HMGP program has a much lengthier review and award process, and the funds are much harder to secure.

Recently, there were programming and electrical problems with the Rockridge Sewer project that prevented the startup of the system. As a result, the county discontinued hooking up homes until the issues were resolved. Now that the programming and electrical problems have been resolved, the county is continuing to hook-up the remaining residential homes.

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173

In conclusion, the revised project work plans, as proposed within Attachment I, will allow all of the remaining CDBG DRI projects to be completed to meet CDBG DRI program requirements.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve proposed modification #5 to the Disaster Recovery Initiative Community Development Block Grant and authorize the chairman to sign appropriate documents for transmittal to DCA.

ATTACHMENTS

1. Modification #5 to Grant Agreement

Approved Agenda Item Indian River Co. Ar. "'\ ved Date

By: -----'D~og~o r~h 61~~ J,ft....__ For: Alst 1:. 2008

Admin. ~ ?/;4/ot Legal ......: r uv~ Budget ('fl{ ,-; Dept. al&{{ ~h 'J6 Risk Mgr.

F:\Community Development\Users\CDBG\cdbg 2005\Amendments\Amendment #5 - August 2008\BCC Agenda Item -Grant Amendment #S.doc

4

FJ

174

MODIFICATION NUMBER 5 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND INDIAN RIVER COUNTY

(Note: Proposed section changes are Bf'g\ifiJ[J1t24iirri¥¢'Y)

This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department"), and Indian River County, Florida, (the Recipient"), to modify DCA Contract Number 06DB-3C-10-40-01-W 14, award dated August 20,2005, ("the Agreement").

WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of$ 7,500,000.00 to the Recipient under the Disaster Recovery Initiative Community Development Block Grant ("CDBG") Program as set forth in the Agreement;

WHEREAS, the Department and the Recipient desire to modifY the Agreement;

NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows:

1. The Agreement is hereby reinstated as though it had not expired.

2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of November 19,2008.

3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference.

o Revise Program Budget and Scope of Work

4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference.

Attachment 1

175

Modification #5 DCA Contract Number: 06DB-3C-10-40-01-W 14 Recipient: Indian River County

Page 2

o Change in Participating Parties

5. The Attachment G, Special Conditions section, is hereby modified to delete all references to" ,"as the Participating Party, and replace them with " " as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party.

o Inclusion of an Unmet Need as Addressed in the Original Application

a. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference.

b. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference.

o Change in Number of Accomplishments and/or Beneficiaries

8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference.

All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties.

All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement.

0

176

Modification #5 DCA Contract Number: 06DB-3C-10-40-0l-W 14 Recipient: Indian River County

Page3

IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein.

Department of Community Affairs

By: ____ ~----~--------Name: Debbie Woncsh Title: Operations and Management Consultant II Date: _________ __

Recipient Name: Indian River County

By: -.,---,-----,----Name: Sandra L. Bowden Title: Chairman

Date: August 19,2008

177

....... -..I 00

Attachment B Attachment "B"

DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM PROJECT WORK PLAN

(Page 1 of 4)

Indian River County DATE PREPARED August 12, 2008 RECIPIENT

CONTRACT NO. 06DB-3C-10-40-01-W 14 PROJECT BUDGET $ --:7-:':, :'--5 0'--:0-'c, 0;;-;-0--,0_. 0_0 -;-;;-;--:---;-:----West Wabasso Water Line

Project Name: Phase II

Date Start Date End Describe Proposed Action to be Undertaken #Units to be Proposed $$ to (month & (month & or Contract Special Condition Clearance Documentation completed by "Date be Requested

year) year) to be submitted by "Date End" End" by "Date End"

AUG 2005 SEP 2005 Submit Request for Release of Funds & Environmental Conditions 0.00

SEP 2005 OCT 2005 Submit documentation to clear Special Conditions 0.00

OCT 2005 DEC 2006 Decision made to include West Wabasso Phase II in contract 0.00

DEC 2006 MAR 2007 Complete survey and design of the project 0.00

MAR 2007 APR 2007 Submit amendment to include West Wabasso Phase II to DCA and obtain approval 0.00

MAY2007 JUN 2007 Desiqn Review bv DCA 0.00

JUN 2007 OCT 2007 Permittinq/Advertisinq/Receive and Award Bids 0.00

NOV 2007 NOV 2007 Enter into Construction ContractsNerification of Contractor Eliqibility 0.00

NOV 2007 DEC 2007 Hold Preconstruction Conference/Issue NTP 0.00

JAN 2008 FEB 2008 Construction Phase 33% Complete 0.00

MAR2008 APR 2008 Construction Phase 67% Complete 0.00

MAY 2008 JUN 2008 Construction Phase 100% Complete 67,520.70

JUL 2008 JUL 2008 Final Inspection I Punchlist 1650 LF Water Une 0.00

NOV 2008 NOV2008 Submit Administrative Closeout 48,323.80 ------ --

Note: More than one activity may be included per form. (Rev. Aug 2004)

....... -..,J (.0

Attachment B Attachment "B"


(Page 2 of 4)

RECIPIENT

CONTRACT NO.

Indian River County DATE PREPARED _A_u~g""u-'-st'-1 __ 2-'-, _20_0-'8 _____ _

06DB-3C-10-40-01-W 14 PROJECT BUDGET $ -'7'-'-,5=-=0:.::0-'-',0:.::0~0.=0-=-0-_____ _

Project Name: Rockridge S~_11itary Sewer

Date Start Date End #Units to be Proposed$$ Proposed (month & (month & Describe Proposed Action to be Undertaken

completed by to be Engineering year) year) or Contract Special Condition Clearance Documentation

"Date End" Requested by $$All "Date End" Activities to be

to be submitted by "Date End" Requested by

"Date End"

AUG 2005 SEP 2005 Submit Request for Release of Funds & Environmental Conditions 0.00 0.00

SEP 2005 OCT2005 Submit documentation to clear Special Conditions 0.00 0.00

OCT 2005 DEC 2005 Solicit for, contract with and obtain DCA approval of Engineer 0.00 0.00

DEC 2005 FEB 2007 Complete survey and design of the project 0.00 18,000.00

FEB 2007 MAR2007 Design Review bv DCA 0.00 71,451.00

MAR 2007 APR 2007 Permittinq/Advertisinq/Receive Bids 0.00 0.00

APR 2007 MAY 2007 Enter into Construction ContracWerification of Contractor Eliqibility 0.00 0.00

JUN 2007 JUN 2007 Hold Preconstruction Conference/Issue NTP 0.00 0.00

JUN 2007 NOV 2007 Purchase Equipment 1,868,701.78 0.00

JUL 2007 OCT2007 Construction Phase 33% Complete 0.00 0.00

NOV 2007 JUN 2008 Construction Phase 67% Complete 0.00 0.00'

JUL 2008 OCT 2008 Construction Phase 90% Complete 2,308,323.19 0.00

OCT 2008 OCT 2008 Final Inspection I Punchlist 21 ,500 LF sewer 0.00 0.00

NOV 2008 NOV 2008 Construction Complete 0.00 0.00

~ NQV2008 NOV 2008 Submit Administrative Closeout 0.00 o.oo I

Note: More than one activity may be included per form . (Rev. Aug 2004)

....... 00 0

Attachment B Attachment "8"


(Page 3 of4)

RECIPIENT

CONTRACT NO.

Indian River County DATEPREPARED ~A~u~g~u~st~1~2~·=2~00~8~----------

p R OJ E CT BUDGET $ --:7':':, 5:'-0:c_cO-'oc, 0:-:-0-:0_. 0_0 ---c;-:-;--:---;-;-----~ West Wabasso Water Line

06DB-3C-10-40-01-W 14

Project Name: --'P=--h:..:.:a=:s:..:e:....:lc..._ ________ ___

Date Start Date End (month & (month &

Describe Proposed Action to be Undertaken year) year)

or Contract Special Condition Clearance Documentation to be submitted by "Date End"

AUG 2005 SEP 2005 Submit Request for Release of Funds & Environmental Conditions

SEP 2005 OCT 2005 Submit documentation to clear Special Conditions

OCT 2005 NOV2005 Obtain Wage Decision

NOV2005 DEC 2005 Design Review by DCA

DEC 2005 FEB 2006 Permitting/Advertising/Receive Bids

FEB 2006 MAR 2006 Enter into Construction ContracWerification of Contractor Elioibilitv

MAR 2006 APR 2006 Hold Preconstruction Conference/Issue NTP

APR 2006 MAY 2006 Construction Phase 10% Complete

MAY 2006 JUL 2006 Construction Phase 33% Complete

JUL 2006 SEP 2006 Construction Phase 50% Complete

SEP 2006 NOV 2006 Construction Phase 67% Complete

NOV 2006 MAR 2007 Construction Phase 90% Complete

APR 2007 JUN 2007 Final Inspection I Punchlist

JUN 2007 SEP 2007 Construction Complete

NOV 2008 NOV 2008 Submit Administrative Closeout Note: More than one activity may be included per form. *Includes Administration for all activities .

#Units to be Proposed Proposed completed by $$to be Administration

"Date End" Requested $$All by "Date Activities to be

End" Requested by "Date End"

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 37,273.17

0.00 24,425.60

0.00 0.00

0.00 0.00

0.00 48,265.71

40,725.00 24,017.69 I i

0.00 0.00

368,972.00 36,095.53

7, 050 LF Water 85,903.00 36,000.00 1

0.00 14.19 !

59,483.50 226,408.11 (Rev. Aug 2004)

....... 00 .......

Attachment B Attachment "8"


(Page 4 of 4)

!ndian RiverCounty DATE PREPARED August 12, 2008 RECIPIENT

CONTRACT NO. 06DB-3C-10-40-01-W 14 PROJECT BUDGET $ -'7'-'-, 5'"-'0=-=0"--', O:c::0-=-0:.::. 0-=-0 ~~~~~-~ Project Name: Fire Station #4 Replacement

Date Start Date End Describe Proposed Action to be Undertaken #Units to be Proposed $$to (month & (month & or Contract Special Condition Clearance Documentation completed by be Requested

year) year) to be submitted by "Date End" "Date End" by "Date End"

AUG 2005 SEP 2005 Submit Request for Release of Funds & Environmental Conditions 0.00

SEP 2005 OCT 2005 Submit documentation to clear Special Conditions 0.00

SEP 2005 OCT 2005 Solicit for, select and obtain DCA clearance of Desiqn - Build firm 0.00

OCT 2005 DEC 2005 Obtain Wage Decision 0.00 Design- Build firm completes design of Fire Station #4/Contract with Design- Build firm

NOV 2005 FEB 2006 for construction of Fire Station #4/0btain DCA approval of Design-Build firm's construction contract 0.00

FEB 2006 MAR2006 Design Review by DCA 0.00

MAR2006 APR 2006 Preconstruction Conference Issue NTP 0.00

APR 2006 JUN 2006 Construction Phase 1 0% Complete 0.00

JUN 2006 AUG 2006 Construction Phase 33% Complete 0.00

AUG 2006 OCT 2006 Construction Phase 50% Complete 307,845.38

OCT 2006 DEC 2006 Construction Phase 67% Complete 471,052.01

DEC 2006 FEB 2007 Construction Phase 90% Complete 622,428.45

FEB 2007 MAY 2007 Final Inspection I Punchlist 1 Facility 0.00

MAY2007 JAN 2008 Construction Complete 728,770.19

-NOV 2008 NOV2008_ L_SubiTJit Admini!?_trative C!os~qy_t ~

·- 0.00 Note: More than one activity may be included per form. (Rev. Aug 2004)

"

-INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph Baird County Administrator

FROM: James Sexton Cl::l~ Director ofH~an ~


CONSENT

SUBJECT: Award of Contracts - RFP 2008061 - Basic Life, Voluntary Life, Long-Term Disability and Other Voluntary Products

Staff seeks approval to award contracts to the successful bidders for RFP 2008061 - Basic Life, Voluntary Life, Long-Term Disability and Other Voluntary Products at the August 19,2008 regular meeting of the Board of County Commissioners.

Background To ensure the County is receiving the best available policies at the best possible premiums, staff put the following items out for an RFP: Basic Life (Employer provided); Voluntary Life (Employee paid); Long-term Disability (Employee paid); and Other Voluntary Products (Employee paid), including Dental Insurance, Personal Cancer Policy, Personal Accident Policy, and Vision. The County provides Basic Life for employees in an amount equal to the employee's armual salary. Employees then have the opportunity to purchase additional coverage at their own expense. Additionally, employees have the option to purchase a dental plan, long-term disability plan, personal cancer plan, and a personal accident plan. The bid was offered to the public on July 3, 2008 with a deadline of July 31, 2008, 2:00p.m.

An insurance committee was established to review the bids. The following employees were on the selection committee:

Jim Sexton, Human Resources Director- Board of County Commissioners Ann Rankin, Benefits /Payroll Administrator - Board of County Commissioners Beth Martin- Risk Manager- Board of County Commissioners Jason Brown- Director OMB- Board of County Commissioners Kristin Rightler- Professional Standards Unit Supervisor- Sheriffs Department Mickey Umphrey- Chief Deputy- Property Appraiser Mary Louise Scheidt- Deputy Clerk- Clerk of the Court Linda Eromin- Human Resources Manager - Clerk of the Court

The committee met on Tuesday, August 12, 2008 to discuss and rank the bids. The committee recommends awarding the contracts for Basic Life, Voluntary Life, Long-Term Disability and Other Voluntary Products as follows:

182

Basic Life Insurance - The committee recommends The Standard Insurance Company This is the only employer paid benefit that was put out for bid. Ten companies bid on tbe Basic Life coverage. The Standard Insurance Company's bid carne in at a savings of approximately $90,000 armually using tbe current volume of coverage. The current composite rate for Basic Life is $.35 per $1,000 of coverage. The Standard Insurance Company's composite rate for Basic Life is $.24 per $1,000 of coverage. See tbe following proposals:

Life/ Thousand AD&D/ of Covered Thousand of Total Composite

Company Name Salary Covered Salary Life & AD&D Current (Fort Dearborn) $0.31 $0.04 $0.35

_I_l!~_§tan'!.:!!:c!JE:sur~nce_~~mjlanx _____ --------------~!1,~~ $0.03 ___________ _$0.24 Mutual of Omaha $0.22 $0.03 $0.25 _M_!:r~~~9t~ _ _lns!lfance _99mp~_y_ C'J ________ -~=~:=~=:=:::::::.rY~- =-------- -=n/a- ==:::::=--$0.28 _Qnited H~alth J!l:~l!l:~c~ _ _g_9mp_any__ _______________________ $0}~---------!Q,QL _______ _ _____ $_Q~~?..

-~--------·-·--·-·-·----·-·--··-··-·------------------------------·-·---·-·--·--·------------------$9.2_?_? ____________ $Q:_Q~-- ---------~Q.29~ _ _ @_Q________________________________ -- - - -____________ $0 -~2- $0. 0~ ____________ j>. 03_l_ Fort Dearborn Life Insurance Co. $0.29 $0.04 $0.33

:f::i~~~ii£~~ill~c~c~~(I,--:::=:::::::::: ==~=::·:=:==~=E:=:- ----:-~~==~=~f=~~~=-==------~~~ -~eli~£_e Stand~d !:Af~Jns:t:JJ:~C_(l __ 99:________ ____ $0.30 _________ jQ,Q~ ______________ _$~~:!_ Florida Combined Life $0.34 $0.04 $0.38 (I) These companies provided information on the composite rates only, which is in compliance with the RFP. The other respondents provided a breakdown between life and AD&D, which is presented here for iriformation purposes only.

Voluntary Life and Dependent Life Insurance - The committee recommends The Standard Insurance Company Standard Insurance Company matched tbe existing rate paid by employees for the Voluntary Life and Dependent Life coverage. See proposals:

Voluntary Company Name Employee Spouse Dependent Current (Fort Dearborn) $0.47 $0.49 $0.60

I__!I_"_§!.:!II:.c!.:!!:c!l_ll:~-!!!"all:l!"--~~mpanL____________ _ ____ $0,4 ? __ ------------~1).4 9_ ______ $0.60 _M!!!~] _ _s>__f_Q~~~--------------------- ___ ___ ______ --~-4~- _Age b~~-<!~~__y_ ____________ $Q,_l_Q_ M~~~9.!~~suranc~ Com£~---------------- ____ ___ _ ____ $0,iZ_ ------~.9.:~5 _____________ j__o.:~Q _

_ Q_~i~~<!J:!~altb Ins~~~e_99JIIP.~.Y__ _____ _ __ 6g~~~ __ deq_9nly_ _Age ban __ de_d_ on}_y_ _ _6s__!!_l>_~~.!:~9!1-lY __ UNUM $0.47 $0.426 $0.60

···-·--------·---·----·---·--·-·---·-·-·-·--·-·--·----·--·-·-····-··-·-·---· -··---------- - ---·---·-- -·-·----·-·--·-·--.. ----·---·-.. ---· AIG _________ ____ __ ________ ___ ____ ___ _ ____ Age -~Elde<!_onl__y_ _f.ge b~<!_~<!_~gl_y __ f. __ ge_!J~d~q_(l~__y__ Fort Dearborn Life Insurance Co. $0.47 $0.49 $0.60

_gi@i.~--=~~::=:===~-=-==~~~=:=:=~==.::::::~::::::.==~ -$o:46s __________ =-=-=~o:49:::::::~===$.Q:§~~ Reliance Standard Life Insurance Co. $0.47 $0.49 $0.60 --------------------------------------------------------------------------------------------- ----------------------------------------------------------------------=-Florida Combined Life Age banded only Age banded only Age banded only

183

Long-Term Disability (LTD) - The committee recommends Reliance Standard Insurance Company The premium provided by Reliance Standard Insurance Company is less than that of the UNUM, the current provider (see attachment 1 ). Additionally, the County will be able to offer two different LTD plans, one with a 90-day elimination period and one with a 180-day elimination period. This represents not only a savings to the employee for the current level of benefit but gives the employee the option to purchase an enhanced benefit at a reduced premium as shown in the table below.

Current (180- Proposed 90-day Proposed 180-day Elimination Elimination day Elimination

Age Group Period) Period Period J~:~±_ ________________________________________________________ 1Q_,LQ~ ___________ J().92_Q_ --------~_().071__ r?-J--29 _______ ________ _ ______ _________ --------------~-(u 19 r---------J_QJ.QZ _________ _$_~98~-~_Q-3±. _______________________________________________________ , _____ !Q0~Q±__ -------------~(),187 ______ $0_:_}_?_3_

-!~~!~ ---------------------------------- ---- ---15:~~l r------------~5~;~f- ------~6:;~t ·--·--··-··--···-·---·--·--------·----··-·-·----·---·------- --·---··-·--------·-·-·-·-·----· ·----·----·-·--·----·--- -·--·-·-----------·-·-----45-49 $0.672 $0.605 $0.504 so-s4-- -- ------------------------- ------- -----$o :98_6_ ---- - - -- $o~887--- $0:7 40

·-·--·-------·----·-·-·-·---··-··-·-·--···---·-··-----·--·--·---·-·-·~- -------·---··--·-·--·-·---·-·--··--· ·----------·--·-·--·-·-· ·-... ··-·-·-·-·--------·-·--·--·---·-·

l~::?2_ __ --------------- - ----- - -- -----------~.!.: 190 -------------~.!.: 071_ f-----$0. 89~-_?9::<5±____________________ _ _______________ r---------- ~1.:~:±L --------~J_l_() _____________ Jo. ~3 g_ -~t-9 ----------------------------------------------------- --------------~ijt+r------li~H~- ---- ---~~~~~

The following is a comprehensive list of companies that bid on the Long-Term Disability Plan:

Reliance Standard Insurance Company (see attachment 1) The Standard Insurance Company- (see attachment 2) Mutual of Omaha- (see attachment 3) UNUM- (see attachment 4) Lafayette Life Insurance Co. - (see attachment 5) Florida Combined Life - (see attachment 6)

Dental Insurance- Reject bids. Renew with current carrier, Guardian. The committee recommends rejecting the bids and renewing with current carrier, Guardian.

Vision Insurance- Reject bids. The committee does not recommend offering a planto the employees. After reviewing the bids, the premiums for vision insurance outweigh the covered benefits.

Other Voluntary Products- Personal Cancer, Personal Accident, and Short-Term Disability Income Replacement - The committee recommends American Family Life Assurance Company (AFLAC)- (see attachment 7) The following companies bid to offer the above voluntary products: AFLAC- Personal Cancer Policy- Personal Accident Policy- Short-Term Disability Income Protection AIG (through Bay Bridge Administrators)- Personal Cancer Policy Only

184

Colonial Life - Personal Cancer and Accident - (Poor reference) AIG - Personal Cancer Policy AFLAC has local representatives that will be easily accessible to the employees. For ease of administration (payroll deduction, open-enrollment, appointment scheduling, etc.) the committee recommends allowing only one carrier to provide all the voluntary benefits listed above.

STAFF RECOMMENDATION: Staff recommends awarding contracts to the following successful bidders:

The Standard Life Insurance Company The Standard Life Insurance Company Reliance Standard Insurance Company Guardian American Family Life Assurance Company (AFLAC)

ATTACHMENTS: See attachments A-1 through A-7 as described above

APPROVED FOR AGENDA:

Admin. Legal Budget Dept. Risk Mgrnt.

Approval Date

Basic Life Insurance Voluntary Life Insurance Long-Term Disability Insurance Dental Insurance Plan (renewal) Other Voluntary Products

185

. "

·-;-· .. -- ··-.: ;

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Vo11mtatj L()ng T ~nn lri¢dll}e ~f()te~~oil J?r(,p()sa1Sunln1arr -·. '-- .. __ . Plaii#3&4 · -· ·· ...

· . -·-•·•; Pr~iia~qfor · . · ·· · -- < ··--· •

IndianRiverCdunty· · "."------~~: - . . j, ·-'·!· ~ i·.·-~-j;,'/.~-:··.-.:--~-- -: .:

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Proposal Exprration Date: October26, zooS · .. J3~kr: McCall Agency, Inc .. ·Proposed EffectiveJ)ate: Qcwber 1, 2008_ . · . · Sitlls Stare: ,Florida

.. ·'

Plan Description

· Eli 'hili .. EaJiAct;';e -~--··=- J.llill: .Eri1plc•yee :wqrking per'\i7eek a11d ~arni·ng· atl~ast $lS,OOO · afui\tanj;. e1 iceptariJiperiloilWC>rkUJ~'Oiia te~~;~:.~(-~I.I"seaJ;oll)a[t>?-Sis•

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··Yes .-. . Ye~-

Yes· Yes

·._''

·'

*If Volunwy Short Term IncomeProtectiori {VPS) iS alsoquoie~ the Mnllinllffi Employee Participation applies across both disabilit)'products. · · · ·

a DftPH/ company

- ~-'-'- ....,_._ ------- ·-'·'

REliANCE STRNI>BRD .• . . :·. ;_ {:.ifefus~eCompaDy:·:'· · - ·- ·-

. .,.,·.-· ..

yoi~~ryLong Te~1iii~~f:~¥~~?§grJposaf§~ary. · ·· · · PrepaJ.-egfm; · ·

Indiaii Rivet C61int:Y ·· . -:··· -· -.,_.,.._:--_ '')\:,:·--~:-' -~;-:-;,_. :·_:-:.·- -':~ _ .. ,·.

.. :;~\-:;··:.~:)'. :··

. ._· .

Rate Schedul~ dassT ·. . . . . . ·· ... Age . · Per$100 of

· Group O:rvered Payroll 18-24 $0,920 .. 25-29 $0.107. »U .~~·

35-39 •···. . $0 268 46~44 .. · . • $0:391 45::'49 . · $¢:~os\ .

·. sg~$1 . > . < · . .. . $0.887• · ·' .ss:s9 ·, < ...•. •. < ....• n:u7i' . . ·. .. . .\ ·· .. · . . ·····•·· .•••L. ... ·····•· .• ;~!~'£. : .. ;~· :. . .. :~L,:,:, .~{· ... i.}l·r~'~'··~~)·~.~fi!f~l!j:~ ..... · .. ·,;, .; .. ·...... . . ·• i;o.~·~·· ... ·..... ....... . .. .

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a MPH/ ccimpany .,Jtjlr

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*if Vo1untary Shott Termlncome P~tecion (Vi's) iS ahb qu6ted, !he :Minimum Employee Participation applies across)oth -disability products; - - · · · · · · · - · · ·

- a DELPIU company.

;~

~- .

-, · RafuSch~dtrl~d~ssJ

.. . -

·.-... _ . - -.,,

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_·Age _··Q:oup-

18-24" 25-29.

-· _-._ 30,34 . ·· .. 35239'·.·_

:._-. . ~ .· ....

RELIRNCE smNDARD . Life'.Ins~ Cqmpa:O.y · < · ·.-:. ·:

__ )'er*lOOpf __ . ·-•• .· . Covered_Pa}'l'Oll ,

.·-. $0.07T . $0.089.

$6:153 ··-· $0.224·-·-·

. ·•·-·· __ : -- $OJ~f ,.-.

---·-·--------- !, ·---· ·-J~:7i~':·~ f:t>i· .-. --··

. ~~',••· '''.'~~~~~~~f·~~~~,~~~:~f~Sf _., .. _.·,,-·.-.·-

>. ,_. __ .

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Indian River County Government

LTD Plan1

Covered Members

A regular employee of the Employer working 30 hours per week

Plan

. -• L TO Income Benefit 60%

Insured Predisability Earnings $6,667

Maximum Monthly Benefit $4,000

Minimum Monthly Benefit $100/10%

Benefit Waiting Period 180 Days

Maximum Benefit Period · To age65

Own Occupation Period 24 Months

Guarantee Issue (benefit) Full Benefit

Employer Contribution 0%

• For coverage to become effective on 10/01/2008, the greater of 25% of eligible employees or 25 employees must enroll.

Cost

Members Age Rate: Percent of X Volume

Monthly earnings

= Premium

All Eligible 35 <=24 0.05 $89,167 $45 80 25-29 0.055 $228,746 $125 84 30-34 0.11 $276,382 $304 126 35-39 0.20 $468,854 $938 139 40-44 0.29 $533,728 $1,548 168 45-49 0.43 $670,081 $2,881 114 50-54 0.65 $446,027 $2,899 77 55-59 0.84 $280,252 $2,354 62 60-99 0.85 $235,353 $2,001

Total $13,095

• 3 Jt:ear rate guarantee .

• Renewal rates will be communicated to the policyholder 60 days prior to the renewal effective date .

Standard Insurance Company Benefit and Cost Summary Proposal 893345 11

·\

PARTICIPATION AND COST SUMMARY (CONT'D)

COST SUMMARv*

VOLUNTARY L TO < 19

20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-99

$0.082 $0.082 $0.095 $0.163 $0.238 $0.347 $0.538

" $0.789 $0.952 $0.993 $0.993 $0.993

* Rates are calculated based on the employee's current age on the effective date of the plan. Rates are adjusted once each year on the plan anniversary date for employees advancing to the next age band.

:}tiJLiiJj~~~.f~iY¢.s::~~ EAP** 1559

** The premium for EAP is paid by the employer for all eligible employees.

RATE GUARANTEE 2 years

RATE GUARANTEE DATE 10/01/2010

ADDITIONAL BENEFITS

RECURRENT DISABILITY 6 months

SURVIVOR BENEFIT 3 months

EMPLOYEE ASSISTANCE Basic; 0 face to face visits PROGRAM (EAP)

WAIVER OF PREMIUM Included

Ml-tT4Al oF OMrtttA Voluntary Long-Term Disability Insurance- Proposal Option 3 {continued)

7

191

••• unum· Long Term Disability Income Protection County Oflndian River

Rates and Cost Information:

Step Rates per $100 of Covered Payroll

Total Monthly Cost:

·Total Covered Payroll:

Age

15-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70+

Covered Payroll

$98,756.75 $243,835.33 $267,381.75 $494,253.17 $523,994.33 $687,569.42 $435,114.17 $283,963.25 $184,787.17 $39,456.17 $11,077.08

$3,270,188.59

Rate Monthly Cost

$0.09 $88.88 $0.105 $256.03 $0.179 $478.61 $0.262 $1,294.94 $0.382 $2,00!.66 $0.591 $4,063.54 $0.867 $3,772.44 $1.046 $2,970.26 $1.091 $2,016.03 $1.091 $430.47 $1.091 $120.85

$17,493.71

Rate assumes the following: , • The employer's company type is not an S Corporation, Partnership or Limited Liability

Company.

Rate Guarantee: 3 Year(s)

For purposes of calculating benefits and cost, an employee's "monthly earniogs" is assumed to mean: gross monthly income before taxes, including any pre-tax contributions to a deferred compensation plan, excluding commissions, bonuses, overtime pay or other extra compensation.

Cost of Coverage Paid By: Employees (Rate assumes 41% participation)

General Information Regarding Benefit Taxability and Integration:

In genera~ the LTD monthly payment will be taxable: • If the Employer pays the premiums and employees' salaries are not grossed-up to include

premiums as taxable income. • If the Employees pay premiums with pre-tax dollars. • If Employees share payments of premiums with the employer, a portion of the benefits will

be taxed.

In general, the LTD monthly payment will not be taxable: • If Employees pay premiums with post-tax dollars. • If the Employer pays the premiums and employees' salaries are grossed-up to include

premiums as taxable income.

The LTD monthly payment may be reduced by amounts the employee receives or is entitled to receive from deductible sources of income (offsets) and disability earnings.

4

192

The Lafayette Life Insurance Company

Aae Total Lives 0-24 38

25-29 80 30-34 81 35-39 128 40-44 140 45-49 165 50-54 111 55-59 82 60-64 48 65-69 12 70+ 3

Total 888

Indian River County Voluntary Group Long Term Disability

Benefit & Cost Summary Option 1

Total Covered Payroll Street Rate $106,926.00 . $0.10 $237,473.00 $0.12 $264,519.00 $0.20 $488,446.00 $0.30 $544,989.00 $0.43 $666,027.00 $0.66 $426,767.00 $0.98

. $308,912.00 $1.15 $175 079.00 $1.15 $42,843.00 $1.15 $11,077.00 $1.15

$3,273,058.00 Monthly Premium:

Cost $106.93 $284.97 $529.04

$1,465.34 $2,343.45 $4,395.78 $4,182.32 $3,552.49 $2 013.41

$492.69 $127.39

$19,493.79

are guaranteed to the rate guarantee date listed above, assuming there are none of the following benefit structure changes: no a 20% change in enrolhnent, there is no addition/deletion of a unit, there is no lapse in the report of monthly census changes, or payment of monthly premium other than as billed. A rate guarantee does not otherwise alter or amend the terms or conditionS

i.l!'e_polic,.,,, The rate guarantee is good only as long as the policy is in force.

i'>'\~1' <lUote shows a summary of proposed benefits, rates and miscellaneous provisions. It is not part of the group policy or a legal' contract ~aial•ette Life Insurance Company.

Director: Philip Mistarz July 30,2008 193

·l'

Voluntary Long Term Disability Schedule of Insurance (Premium Rate) .............................................................. __ ................................... ..

Premium Rate

<25 25-29 30-34

,, 35-39 40-44 45-49 50-54 55-59

60+

Rate Per $1 00 of Covered Pavroll

$0.22 $0.23 $0.29 $0.41 $0.70 $1.03 $1.42 $1.70 $1.70

NOTE: To calculate individual employee cost, multiply the employees monthly earnings by the appropriate age banded rate.

This quote is based on census data we received. Actual costs are based on the final enrollment data of employees insured on the plan's effective date. Benefits and rates shown are effective for 90 days' from date of quote.

VLTD-18

b

Aug 12 2008 !1:32AM AFLAC 77?5814571

Indian River Couniy RataSheotp,pared t!y on 8112/200812:3:1::21 PM

Florida PayroH Premium Rates a"' 61-WMkly for lndust<Y Class B

INDMDUAL

HUSSAI<D WiFE

ONE-PARENT FAMILY

TWQ..PAREN1 FAMILY ·:'f.

PERSONAL CANCE!'IINDEMNII'Y I.IEVEI. ONE --A·75t!JO

Plt!mlum

18-70 INDIVIOIJAL $6.6:l

18-70 ONE-I' ARENT FNIIILY $1C>.02

11!-70 TI\'0-I'ARENT FAMILY $14.00

so• = 0/llf<lnol ~ Oiooa .. Rider(s..il>• .+Tli062) premium

SD"

$11.48 $1).811

$0.112

BBR'= OplionaiBIJildingEJeneilt Ririer.(SorlosA-75050) ll/9llli<lm1-5 JJnito

PERSONAL CANCER INDEMNITY LEveL 1WO • Ser!Gs A·752IJO

Pr&mium so· 1&-70 INDMOUAJ.. $12.42 $1).46

18-70 ONE-PAAENTFAMILY $15.19 so.ss 18-70 'IWO-P.".RENT FI\IIIILY $21.00 SO.s:!

SD' = Clpliornrl/ip&l.._ Dl....., Ridor (Soria4A·75052i """""'m

BBR" = 0-8uildlt>g ---A-71Jt!6Q) ptemltim 1-lfrmllll

PERSOIIAL CANCER INDEMNitY LEVEL THREE·- ;t...75300

Pr<>rniUm so-1~70 INDMCUAl $15.46 $0.46

1&-70 ONE-PARENT FAMILY $1&.55 ll0.89

1EJ.-70 1WO-PARENT FAMILY $25.80 $0.92

Sf>• = C/ptionoi Spot;ll!ad /Jklea&o Rider (&o<le$ A-15052) pnm~lum

BSR" =Optional Builrlill!l--~ A-7605!1),......, 1-5l/ftlls

Premium

S9.~

$13:15

$14.31

$17.68

BBR" (5 ur.iT.S)

$1.38

$2.0&

$3.00

BilR" (5 ur,ifs) ,, .l&

$2 ')8

$5.00

Bi!R' (5 uni!B)

$138

$2.<l8

$3.00

T<Jisl

$10.42

$12.78

$18.00

Tolal

$14 .. 25

S17.95

$24.92

Total

$17.31

$21.32

$29..72

p. 1

~-~ 195




;OAJ PUBLIC HEARING

(LEGISLATIVE)

SUBJECT: Pointe West of Vero Beach, Ltd.'s Request to Modify the Approved Planned Development (PD) Conceptual Plan for Pointe West [PD-08-10-05 I 98050151-62284]



At its March 9, 1999 meeting, the Board of County Commissioners approved a Planned Development Traditional Neighborhood Desigu (PDTND) rezoning and PD conceptual plan for Pointe West. The site is located between SR 60 and 8'h Street, east of82nd Avenue and west of66'h Avenue (see attachment #2). That PD approval allowed development of 1,199 residential units, a golf course, an elementary school, a variety of commercial uses along SR 60 and in the Town Center, and some institutional uses.

On July 15, 2003, the Board approved a modification to the conceptual PD plan that transferred a portion of the originally approved commercial building area from the Town Center to the SR 60 commercial area, adjusted building setbacks and lot widths, and shifted some residential units from the South Village and the East Village to the area around the Town Center. Subsequently, the Board, on January 8, 2008, approved a conceptual plan modification that increased the total commercial building area (Town Center and SR60 sites, combined) from 169,231 sq. ft. to 198,516 sq. ft, and decreased the total number of residential units allowed from 1,178 to 1,123 units. The increased commercial area added 20,650 sq. ft. to the SR60 commercial area and 8,635 sq. ft. to the Town Center area.

At this time, the applicant proposes to again modifY the conceptual PD plan by:

• Allowing a certificate of occupancy for up to 65,000 sq ft of commercial building area (rather than the existing allowance for up to 50,000 sq. ft.) in the Pointe West SR60 commercial area prior to the completion of25,000 sq. ft. of commercial building area in the Pointe West Town Center.

• Allowing security gates at the entrances to the Lakes at Pointe West and the East Village.

F:\Community Development\Users\CurDev\BCC\2008 BCC\Pointe West mod staff report. rtf

I 196

• Allowing the shifting of up to 15% of the total allowable commercial building area between the Pointe West Town Center and the Pointe West SR60 commercial area, provided that the total commercial building area does not exceed 198,516 sq. ft.

The Board of County Commissioners is now to consider the proposed modifications to the conceptual PD plan and is to approve, approve with conditions, or deny the request.

PLANNING & ZONING COMMISSION ACTION

The Planning & Zoning Commission is scheduled to consider this PD modification request at its August 14, 2008 regular meeting. At the August 19, 2008 BCC meeting, staff will verbally provide the Planning & Zoning Commission's recommendation to the BCC.

ANALYSIS

1. PD Area:

2. Residential Units:

Single-family units Multi-family units Total

596.56 acres

No change

ApprovedPD 792 331

1,123

3. Commercial Building Area: No change in total commercial building area.

SR 60 Commercial Area Town Center Total

ApprovedPD 112,650 sq. ft.

85,866 sg. ft. 198,516 sq. ft.

While the proposed PD modification reflects no change in the total commercial square footage allowed, the applicant is proposing changes to two conditions related to the Pointe West commercial building area. These proposed changes relate to the timing of commercial development in the Pointe West project and the ability to shift up to 15% of the approved commercial building area between the Town Center commercial area and the SR60 commercial area.

Presently, the Pointe West PD approval includes a timing condition for the SR60 commercial area that reads as follows:

"That prior to the issuance of a C.O. (Certificate of Occupancy) for more than 50,000 sq. ft. of commercial floor area within the SR60 commercial/office area, the applicant shall construct a minimum of25,000 sq. ft. of commercial floor area in the Town Center". This timing condition was included as a PD condition to ensure that all of the SR60 commercial/office area was not developed without any of the Town Center being developed.

At this time, the applicant proposes a change to that condition to allow construction of up to 65,000 sq. ft. of commercial/office building area in the SR60 commercial area prior to completion of 25,000 sq. ft. of commercial building area in the Pointe West Town Center. As structured, the

F:\Community Development\Users\CurDev\BCa2008 BCC\Pointe West mod staff report. rtf

revised condition will allow approximately 57% of the allowable SR60 commercial square footage to be constructed prior to any commercial construction in the Town Center.

According to the applicant, the reason for the proposed change is that the applicant is presently in negotiations to sell the eastern section of the SR60 commercial property (Tract 0), and the potential buyer is unwilling to purchase the property with the present condition. Thus, Pointe West is seeking to have the condition modified to allow the purchase to be completed. While Pointe West is diligently working on the marketing and construction of the Town Center and anticipates meeting the existing condition, Town Center commercial construction will not be done in time to satisfy the existing condition and the assurances required by the proposed purchaser of Tract 0. Given the economic conditions in the county and the probability that Town Center construction will start soon, staff has no objection to the revised condition.

Besides the SR60 and Town Center timing condition modification, the applicant is also proposing a condition that will allow up to 15% of the 198,516 sq. ft. oftotal project commercial/office building area to be shifted between the SR60 commercial area and the Town Center area. This will provide greater flexibility for the project developer to respond quickly to market changes. Staff has no objection to that proposed modification. It should be noted that there is an existing condition that restricts the SR60 commercial area to 10,500 sq. ft. of retail type uses. Consequently, most of the SR60 commercial area will be devoted to medical and professional office uses.

4. Setbacks: No changes are proposed to approved project building setbacks.

5. Landscaping and Buffering: No changes are proposed to the approved landscape or buffer requirements. The required buffering is as follows:

A minimum 25' plarmed development setback is required and provided around the entire perimeter of the development. Planted buffers, greater setbacks, and other compatible measures are required and proposed for certain perimeter areas within the development. These are as follows:

• SR 60 Entrance Commercial Area: A 30' setback is required along the east and west sides, with a SR 60 Corridor Plan landscape strip required along SR 60, and a Type "B" buffer with a 6' opaque feature required along the east and west sides. The SR 60 building setback is 7 5'.

• Multi-Family Area: Along a short segment of the north property line located north of 16'h Street and west of Pointe West Drive, multi-family development inside Pointe West is proposed adjacent to single-family located outside the project. Along that interface, a 25' setback and a Type "C" buffer with a 6' opaque feature is required.

• Elementary School Site: The elementary school site, located east of Town Center, will have a 200' building setback from the east property line (West Lake Estates) and a 50' building setback from the south property line (16'h Street). Along the school site I West Lake Estates interface, a 30' wide Type "C" buffer is required. Prior to opening of the school, a 6' high vinyl clad chain link fence with opaque vegetative screening or a 6' masonry wall must be constructed along the interface.

F:\Community Deve\opment\Users\CurDev\BCC\2008 BCC\Pointe West mod staffreport.rtf

• Residential Outside the Urban Service Area: Agriculturally designated areas that lie outside the urban service area (south of 16'h Street) and adjacent to the project perimeter will be buffered by the Pointe West golf course. The golf course will form a green belt around most of the residential development outside ofthe urban service area.

6. Dedications and Improvements: None of the original requirements for dedications and improvements will change under the proposed conceptual plan modifications.

7. Traffic Circulation: No major changes to the traffic circulation system are proposed, with all connections to public roads remaining consistent with the existing approved conceptual plan. Since there is no increase in proposed project intensity, the existing traffic impact analysis (TIA) has not been updated. When actual development proposals are approved, the TIA will be updated, and new link sheets will be provided for the development.

As part of this PD modification request, the applicant proposes to install security gates at the Lakes at Pointe West (a senior adult community) and the East Village (an unoccupied future residential section). The applicant is proposing the gates at these locations for security and marketing reasons. Because both of these sections of the development are on the perimeter of the project and do not provide connections that serve other portions of Pointe West or areas outside the development, gating these sections will not diminish the overall connectivity provided by Pointe West. Therefore, staff does not object to these sections being gated for vehicular traffic, as long as pedestrian access is not restricted.

8. Conditions: All conditions of the original approval will remain unchanged unless specifically modified. All specific modifications are delineated in the report.

9. Concurrency: As required under the county's concurrency regulations and in conjunction with this PD modification, the applicant recently (within the last year) applied for and obtained a conditional concurrency certificate for the entire project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. This application proposes no increase in intensity and is covered by the recent concurrency determination. In accordance with county concurrency regulations, the developer will be required to obtain final concurrency certificates prior to issuance of building permits.

CONCLUSION

The applicant proposes to modifY the conceptual PD plan by allowing more commercial building square footage to be constructed at the SR60 commercial area prior to construction of25,000 square feet of commercial building area at the Town Center, by allowing 15% of the commercial building area to be shifted between the SR60 commercial area and the Town Center area, and by allowing the Lakes at Pointe West and the East Village to be gated. No increase in overall project intensity is proposed, and the applicant has provided adequate justification for the requested modifications.

RECOMMENDATION

Based on the above analysis, staff recommends that the Board of County Commissioners approve the conceptual PD plan modifications with the following conditions:

F:\Community Development\Users\CurDev\BCC\2008 BCC\Pointe West mod staffreport.rtf

1. That commercial and office uses within the SR 60 commercial area shall be limited to general and medical offices and a maximum 10,500 square feet of retail uses. The total office and retail building floor area within the SR 60 commercial area shall not exceed 112,650 sq. ft, subject to the 15% expansion allowance provided in condition #3 below.

2. That prior to the issuance of a C.O. (Certificate of Occupancy) for more than 65,000 sq. ft. of commercial floor area within the SR 60 commercial area, the applicant shall construct a minimum of 25,000 sq. ft. of commercial floor area in Town Center.

3. That up to 15% of the allowable commercial/office building area may be shifted between the SR60 commercial area and the Town Center commercial with staff approval.

4. That the security gate prohibition be removed for the Lakes at Pointe West and the East Village, allowing security gates to control vehicular access.

Attachments: 1. Application/Explanation 2. Location Map 3. Conceptual PD Plan Modifications (11" x 17")


FOR:u~~2iL-L:l.r-~'4l

BY "Ybl<!'""""t''4.1--P-'..>..!...4'-!>""'"'-""-\--

Indian River Co,

Admin.

Legal

Budget

Dept.

RiskMgr.

F:\Community Development\Users\CurDev\BCC\2008 BCC\Pointe West mod staffreport.rtf

\

(

INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION

Please indicate the type of application being submitted:

Conceptual PD Special Exception: Concurrent Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development:

Note: For a PD rezoning please use the appropriate rezoning form.

PROJECT NAME: POINTE WEST TOWNE CENTER

APPLICA}<f: POINTE WEST OF VERO BEACH, LTD.

Plan Number: PD- 0 8"- / D- 05

ADDRESS: 1999 POINTE WEST DR. VB, FL, 32966 PHONEc_!..'..:.:.::..'~.::..'C"..:'c'-_::::"o'='::~=-----

p AX 772-794-9 916 EMAIL._"'sT"'E,_V,_,E,®,o"'N"'s""rT"'EM=G"'M'-=T~._,co,M"--------------

OVVNER: ~A_P_P_LI_CAN ___ T ________________________ ~==~~-----------------------------ADDRESS: --~S=AM~E ________________________ ~PHONE~S~AM~E~---------------------

TAX PARCEL NUMBER (S) OF SUBJECT PROPERTY: 33-38-01-00019000000000.1

~ PROPERTY CLASSIFICATION(S):

'0 Land Use Designation Zoning District

"" Acreage

CJ- M-1 PDTND 8.27 FOR THE MODIFICATION

TOTALPROJECTACREAGE: ~6~o~o·~l_-__________________________________________ _

EXISTING SITE USE(S): _..cV.::.A:.:Cl:.:AN::.T=-''-'S:.:E:.:Ec_A:;;.T:_T:;:J>..::...C::.K=-M=E=N'"=----------------------

PROPOSED SITE USE(S) AND INTENSITY (e.g.# of units, square feet by use): SEE ATTACHEMENT

PROJECT ENGINEER: (PRINT)

NAME

ADDRESS

CITY STATE

LJ ~zw=--~ ~PH=o=NE~~-------

FAX NUMBER

EMAIL

AGENT: (PRINT) ONS!TE MANAGEMENT GROUP, INC.

NAME 1999 POINTE WEST DRIVE

ADDRESS VERO BEACH, FLORIDA

CITY STATE 32966 ~ 794 _c4:.:5:..c7_7 ____ _

ZW PHONE 772-794-9916

FAX NUMBER STEVE®ONSITEMGMT.COM

EMAIL C:\Documents and Settings\sjohnson\Local Settings\ Temporary Internet Files\ContentOutlook\OCJIQWGU\PDAPP.doc Revised September 2007 Page 1 of 3

ATTACHitEfiT f01

(

July 2008

/ I '

POINTE WEST PD MODIFICATION

The purpose of this modification is to revise a construction requirement placed on the Pointe West Development with its first modification eliminating any commercial property south of 16th Street. This condition stated that only 50,000 s/f of the approved 92,000 s/f of commercial space could be CO' d within the SR 60 commercial area prior to commencing construction on 25,000 s/fwithin the Town Center section of the development.

With our second PD modification in 2007, the allowable square footage of commercial space at SR 60 adjusted from 92,000 to 112,650. With this modification we are requesting the amount that may be CO' d at SR 60 prior to commencing construction on 25,000 s/fwithin Town Center be increased from 50,0.00 to 63,380.

Currently there is a site plan under review submitted by P&S Properties for the eastern section of the SR 60 commercial property. This plan contains three buildings of21,000 s/f each for a total of63,000 s/f They have purchased the property for Building #1 and wish to go to contract on the property for Buildings 2 & 3. The current phasing plan for this site has one building starting as soon as possible and taking approximately one year to build with the second and third buildings each starting approximately one year after its predecessor. Currently site work has commenced and we are aggressively proceeding with the marketing and construction on Town Center, and fully anticipate complying with the current condition of the PD approval. However, the lender on the SR 60 Building sites 2 & 3 is unwilling to provide financing on the property with a condition requiring a third party to construct something at Town Center as a condition of them being able to fully utilize the SR 60 property for the intent for which it was purchased.

The modification of this SR 60 construction restriction from 50,000 s/fto 65,000 s/fwill allow the sale of Building sites 2 & 3 to be completed and is the basis of this PD modification request.

The second modification we are requesting is to allow security gates at the two entrances to the Lakes, ACLF facility within Pointe West. The concept would be to convert the 79th A venue/16th Street access point into an exit only. Emergency vehicles will still be provided ingress via this location. The main access point into the Lakes at 16th Manor would be modified to include duel ingress lanes for residents and guest along with separated islands for entry pad, gates and vehicle turn around. The reason for this request

1 ATTACHMENT 1 202

,. '

is to provide more security for the ACLF facility and their residents. Security has become an issue with this age group in this type of facility.

The third modification is to allow the East Village to be gated. The reason for this request is to provide another product buyers in this Vero Beach/Indian River County real estate market are requesting. The East Village has only two access points and is somewhat separated from the North, Central and South Villages by 74th Avenue. To date there are no completed units in this village, thus making it the logical village to be gated.

Currently Pointe West is approved for a total of 198,516 slf of commercial space. 112,650 within the SR 60 section and 85,866 in Towne Center. We would like the ability to transfer a maximum of 15% of the total square footage allowable at SR 60 to Towne Center or 15% from Towne Center to SR 60.

To summarize, the foltowing are the 4 requested modifications:

1) Allow a certificate of occupancy on up to 65,000 s/ffor commercial buildings at SR 60 prior to the commencement of buildings in Town Center.

2) Allow for security gates at the entrances to the Lakes at Pointe West. 3) Allow for security gates at the entrances to the East Village. 4) Shift a maximum of 15% of the allowable commercial square footage from one

commercial sectio.n to the other as long as the total approved square footage approved is not exceeded.

2 ATTACHMENT 1 2 Q 3

N 0 CJ"1

A-1

RM-6

GATE

SOUTH VILLAGE

RS-6

A-1. FF·~~ I Ji

A-1

~ Tli£ HAA1:<r Of" OOUliHO il<l<INI£ I'WIN:EIWIII<a£ Willlftl THEsReo~-...fiKIII ~OOOTO 115,00DfflOfiTO

--~ 20,000 S/T 111rJH1H ltiM( CD11m.

1.W1'11' SECUinY OOD AT 1m: lWO ~TO'IliEINCESKJJ'.t/1£4 -M="'LDD!Fai'IIE'IlW!SmfOFOPm l&lr OF 1!IE: N'froiE SQiiiiiE fQOfi«OI'~SPJ.cll FIICIWOiiE~OOOETO 'IHE: o:rt~Wl. (roiM: etriiEI! 11>"" OOQIISIOfOTOTOIINOO'm>l)

J,. 1

· 'II;

~1------jrgr:· POLO .tflTIJJ GROUNDS

JlnC:.lm§1B~ ·.'·.· . A-1 -~ II

10 ·~~

!nRMI '

• Conceptual Plan (Revised .July 2008) Pointe West

Indian River County, Florida

ALLOWED

A-1 RM-6 RM-8

A-1

Moo• ... '"dOOV"!"OO<IIly.

~Dnsitel ""'"""'"""'"=-~ ,,, .... ., , ....... __ ....... _ .. ,_

·~..';'~~"·

A-1

EAST VILLAGE

ATTACHMENT 3


MEMORANDUM


TMENT HEAD CONCURRENCE

PUBLIC NOTICE INFORMATIONAL

Robert M. Keating, AI ty Development Director

THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning > ·4 FROM: Steven Deardeuff, Senior Planner, Current Development '-1"


SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 19, 2008.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing items have been scheduled for Board consideration:

September 9, 2008

1. Quail Ridge, Inc.: Request to amend the text of the Transportation Element of the Comprehensive Plan to remove segments of 61't Street between 74th Avenue and 90th Avenue and remove segments of 65th Street between 74th Avenue and I-95 from the county's extended roadway grid map (fig 4.1 0) (Legislative).

2. Indian River County: Request for an abandonment of a portion of !30th Street ( Gibson Street) right-of-way and an unnamed right-of-way in Roseland (Legislative).

F:\Community Development\Users\LONG RANGE\CompPian Amendments\2008 Jan\Quail Ridge Text Amend\BCC 2nd Notice of Public Hearing.rtf

206

RECOMMENDATION:

The above referenced public hearing items are provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM: Indian River Co. Admin. Legal Budget Dept. RiskMgr.

F:\Community Development\Users\LONG RANGE\CompPlan Amendments\2008 Jan\Quail Ridge Text Amend\BCC 2nd Notice of Public Hearing.rtf

207

Date:

To:

Through:

From:

Subject:

INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF GENERAL SERVICES

AGENDA ITEM August 12, 2008

Honorable Board of County Commissioners


Thomas W. Frame, General Services Director~~.~

Transfer of Lease and Concession Agreement with Capcan, Inc. (Cannon's County Cafe)

BACKGROUND: On July 24, 2007, the Board of County Commissioners approved a lease and concession Agreement between the County and Capcan, Inc., for the purposes of providing food services within the new County Administration building. That agreement provided that the County would provide the space and utilities, and the Tenant would provide its own equipment. The Tenant pays an initial monthly rent payment of $400.00 subject annual adjustment as prescribed within the agreement.

On July 31, 2008, Pat Cannon, President of Capcan, Inc., presented a letter requesting the transfer of the current lease and concession agreement to Ms. Betty Nobles who desires to assume the current lease. General services sent a letter to both Pat and Chuck Cannon dated August 1, 2008 which advised as how to proceed with the request for transfer. Any transfer, pursuant to Section 5.4 of Article 5 requires approval of the Board of County Commissioners at a formal board meeting.

Attached are the requested submittals which includes a letter from Ms. Betty Nobles dated August 6, 2008, a menu, a personal financial statement, and a another letter from Cannon's wherein they indicate that they have know Ms. Nobles since 1984, and they indicate her various duties over the years working for C.J. Cannon's. As noted on the proposed menu and the letter submitted by Ms. Nobles, she would like to change the name of the business to Rosemary's Cafe.

Based on the recommendation from C.J. Cannon's, it appears that Ms Nobles has the experience necessary to operate the cafe, and a transfer would not cause any disruption to the food service currently being provided within the complex.

RECOMMENDATION: Staff recommends that the Board approve the requested lease assumption subject to compliance with all the current requirements of the lease including the annual adjustment to the rent and subject to the County Attorney approval the Lease Assumption Agreement. Authorize the County Administrator to sign the lease assumption agreement between the County and Ms. Nobles. Further that the current lease holder (Capcan, Inc.) will continue its operation pending the appropriate approval or transfer of any local, State or Health permits or licenses that are required to be obtained by Ms. Nobles.


Indian River County.

To Whom It May Concern,

RECEIVED JUL 31 2008

GENERAL SERVICES

C.J.CANNON'S REST AURA NT & LOUNGE

772-567-7727 FAX 772-567-0304

This letter is to request a transfer of our current lease from CAPCAN Inc. 3414 Cherokee Drive, Vero Beach, FL 32960, 567-7727 to Betty Nobles 251 S. Magolia St. Fellsmere, FL 32948 772-538-8512.

Betty has agreed to purchase our equipment and business located and under lease at the Indian River County Administration Building.

Betty Nobles has been an acquaintance of ours for several years, and will also assist us at C.J. Cannon's Restaurant with our banquet and catering functions.

Betty has reviewed our current menu, and will be continuing our menus with the possibility of expanding the menu selections.

Betty has secured financing of this purchase and can provide Indian River County with financial statements.

Thank You

209

Betty M. Nobles 251 S Magnolia St Fellsmere, Fl32948

Indian River County


August 6, 2008

It is my desire to assume ownership of Cannons County Cafe. I have been in all aspects of the restaurant business for 1 7 years. I am eager and excited for the opportunity to serve the public in a restaurant setting such as this. I will be changing the name to Rosemary's Cafe, after my mother who was my greatest inspiration in my life.

I have been an acquaintance with Pat & Chuck Cannon for several years, I will also be assisting them with banquets and catering functions out ofC.J. Cannon's Restaurant.

RECEIVED AUG 8 2008

GENERAL SERVICES 210

Assets

Personal Financial Statement

Betty M Nobles 251 S Magnolia St

Fellsmere, Fl 32948

Bank Account (RBC Bank) ..•....•.••.••••..••••.•••••.• $ 900.00 Real Estate ( CB Griffis ) •••••••.•.............•••.•.• $120,000.00 Automobile-Value •.•.•.•••.•..•.•.•.•.•.•...•...••.••.•• $14,000.00 Personal Assets •.•.•••.•.••..........••.•.•.•••..•.••..•••.• $4,800.00 Total .•••.••••...•.••.•..•.•.••••••.•.•.•...•.•...•..••....• $139,700.00

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

Liabilities

Real Estate (CB Griffis) ••••..•••.•...•••..•....•.••.•. $62,000.00 Automobile (Citi-Financial Auto) ..•••..•...••....••• $10,500.00 Furniture (Ashley Furniture) ••.•...•.•.••.••....•..•.• $1,926.00 Credit Cards •.•..•.••..••••••••.•••..••••••.....••••••••.. $5,200.00 Total •..•.......•..••.••.••••.••..•.•.•••••.••••••••.•....•• $79,626.00

...........................................•....................•...•••......................

Total Assets .......•....•.......•... $139,700.00 Total Liabilities .•...•..•............ $79,626.00 Net Worth ...•..........•............. $60,074.00

RECEIVED AUG 8 2008

GENERAL SERVICES

211

'Rosemary's Cafe RECEIVED Open Monday-Friday

7:30AM-4:00PM 569-1143

AUG 8 2008

GENERAL SERVICES

Scrambled Egg Sandwich ............. 1.95 Scrambled Egg & Cheese Sandwich.2.25 Scrambled Egg, Cheese, And Bacon or Sausage Sandwich ...................... 2.95 On Bagel or Eng. Muffin ........ Add ... .25

Y,. Or~er Of Sausage Gravy Over BISCUit .................................... 2. 75 F~l ~rder Of Sausage Gravy Over BISCUitS .................................. .3.50

Toasted Bagel w/ Cream Cheese ..... 1.50 Toast ......................................... 75 BISCUitS ................................... 1.25 English Muffin .......................... 1.25 Muffin .................................... 1.00 Cold Cereal w/ Milk ................... 1.95 Oatmeal w/ Milk ........................ 1.50

Side of Bacon (3) ......................... 95 Side of Sausage Patti (2) ............... 1.50

Sm. Coffee .... l.25 Lg Coffee ...... l.SO Ice Tea 16 oz ..... l.25 ...... 32 oz ..... l.75 Starbucks Frappaccino ................. l.95 Fountain Soda ..... 16 oz ... l.50 ... 32 oz .... l.75 ..... refilll.OO

Lunch Our Help Yourself Salad Bar

.31 Per Ounce

Delicious Home Made Cakes Daily

Special Orders are Available for any

Occasions

Hot Daily Special

Soup of The Day .. Cup .. 2.25 Bowl..2.75 Chili .. Cup .. 2.25 Bowl..2.75

All Beef Hot Dog ....................... 1.50 Add Cheese.............................. .40 Add Chili ................................. 50

Hamburger. ............................. 3. 00 Cheese Burger ........................... 3.50

B.L.T .............. , ..................... 3.95 B.B.Q. Pulled Pork Sandwich ........ .3.95 Grilled Chicken Breast Sandwich ... 4.25 Grilled Cheese .......................... .3 .25

Roast Beef Sandwich ................. .4.50 Sliced Ham Sandwich ................. .4.25 Sliced Turkey Sandwich .............. .4.25 Tuna Salad Sandwich ................. .4.50 Chicken Salad Sandwich ............. .4.50 Add Cheese to Sandwiches ............ .40

(American, Swiss, Provolone)

Turkey Sub w/ Lettuce, Tomato, Onion, Provolone, Mayo, Vinegarette .... Full.... 5.95 ..... Mini . .3.95 Roast Beef Sub w/Lettuce, Tomato, Onion, Provolone, Mayo, Vinegarette .... Full. .... 5.95 ..... Mini . .3.95 Ham Sub w/ Lettuce, Tomato, Onion, Provo1one,Mayo, Vinegarette ... Full .. S .95 .... Mini .... .3 .95 Italian American Sub w/ Ham Salami· , , Lettuce, Tomato, Onion, Provolone, Peppers, Vinegarette .... Full . .5.95 .... Mini ... .3.95

Sides French Fries ........................... 1.00

Asst. Chips, Snacks, Ice Cream. Drinks and Candv

212

AUG S 2008

GENERAL SERVICES

Indian River County.


C.J.CANNON'S RESTAURANT & LOUNGE

772-567-7727 FAX 772-567-0304

This letter is to request a transfer of our current lease from CAPCAN Inc. 3414 Cherokee Drive, Vero Beach, FL 32960, 567-7727 to Betty Nobles 251 S. Magalia St. Fellsmere, FL 32948 772-538-8512.

Betty has agreed to purchase our equipment and business located and under lease at the Indian River County Administration Building.

We have known Betty since 1984. She has been a cook, waitress, bartender, and manager for us a varying times over the years. She has relieved us on vacations, and will also assist us at C.J. Cannon's Restaurant with our banquet and catering functions.

Betty has reviewed our current menu, and will be continuing our menus with the possibility of expanding the menu selections.

Betty has secured financing of this purchase, a state food manager license, and can provide Indian River County with financial statements.

Thank You, Pat & Chuck Cannon 772-567-7727

213


August I, 2008

CAPCAN, Inc. 3414 Cherokee Drive Vera Beach, Florida 32960

Attention: Pat and Chuck

Dear Mr. Cannon:

This is to acknowledge receipt of your letter received in the General Services Department on July 31, 2008. Your letter is requesting approval to transfer your current lease to Betty Nobles with an address of 251 S. Maguolia St., Fellsmere Fl. 32948 (772-538-8512).

As we have previously discussed, this transfer will require the approval of the Board of County Commissioners at a formal Board meeting as outlined in Section 5.4 of Article 5 of the lease and concession agreement.

Ms. Nobles should submit a separate letter along appropriate financial statements for review by pertinent staff. Ms Nobles' letter should outline her intent on the operation that would occur under her being assigned the right to lease the county cafe facility. Your letter and hers along with the submittals and comments and recommendations of staff would then be placed on an upcoming agenda of the Board for their determination.

Currently the rent is $400.00 per month, and under the terms of Article 3, Section 3.5, on October I, 2008, the rent shall be adjusted in an amount that is the greater of 3 % or the percentage change in the index known as the "United states Bureau of Labor. Statistics Consumer Price Index (CPI) for All Urban Consumers for the South, ... "for the immediately preceding twelve (12) month period of July to July. I have asked the Budget Department to provide me the appropriate CPI rate. I would estimate that you would see a proposed increase somewhere between $12 and $20 per month. As ·soon as I get the actual amount, I will notifY you accordingly. In closing 1 am sorry that you have decided to transfer your lease. We have been extremely pleased with both the service and the food that you have provided the public and County staff.

Sincerely,

~ u) ·~~~~(.LA.t~--Thomas W. Frame, General Service Director

Copy to: Joseph A. Baird, County Administrator

Michael Zito, Assistant County Administrator

Marian Fell, Assistant County Attorney

Betty Nobles

General Services Department 1800 21'h Street Vero Beach, Florida 32960·0310.(772) 226-1223•Fax: (772) 770-5029 E-mail: [email protected]

214

SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER ~OUNTY CODE, ON DISCLOSURE OF RELATIONSIDPS ' •

TillS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTIIORIZED TO ADMINISTER OATIIS.

1. This sworn statement is submitted with Bid, Proposal or Contract No. ________ _

for Co {)_A) t; (! {l k

j 2. This sworn statement is submitted by: ~:t!s {Y\ · (\*-!.b

(Name of entity submitting Statement)

whose business address is:

/)f!CJT r47'MJt. Vem0eae&- -f;

My name is _ ___,_\?)~6=->-&:>,-..-f'Y--+-'-W\_._____._N--=-'o'""--"-\o~Le"-----'s=---------(Please "P{fut name of mdivtdual sigmng)

and my relationship to the entity named above is-------------------

4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.

5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows:

Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-~W, son-in-law, l;lrother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, llalf brother, half sister, grandparent, or grandchild.

6. Based on infomiation and belie:( the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.]

___ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee.

215

___ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee:

Name of Affiliate or entity

vexdhf Nt\&b

STATE OF ~\a 1C..<...; !"'<

Name of County Commissioner or employee

\J)e~S::Xu.A:')

COUNTY OF I.l\\3) L ci,_~ '0e_;,..

Relationship

(Signature)

FL3£of

The foregoing instrument was acknowledged before me this /:3/:{ day of ilv-?f.LU , 20 0 f. by

~t:t;, No6\es . whoispersonallyknownto rwhohasproduced l

___________________ as iden tcation.

, 9NOTARYPUBL.·IC

SIGN:t~f!.~ PRINT~eLC..Lo. A & n~

Notary Public, State at large ' . -" 'Y~a¥' """~ :·, Florida

~ r ~~ Patricia A Cannon

(

ft My Commission 00457000 e •. -~ •• o· Expires 10/0112009

216

f '

LEASE AND CONCESSION AGREEMENT

. THIS LEASE AND CONCESSION AGREEMENT ("Lease") is entered into this 151 day of August, 2007 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vera Beach, FL 32960 ("County") and Cap can, Inc., a Florida corporation whose mailing address is 3414 Cherokee Drive, Vera Beach, FL. 32960 ("Tenant").

BACKGROUND RECITALS

A. The County issued a Request for Proposals in April; 2007 for food and beverage concession services at the County Administration Building, and re-issued the Request for Proposals with a response date of June 20, 2007;

B. Pursuant to the Request for Proposals, the County's duly-constituted Selection Committee received proposals and ranked the firms that responded to the Request for Proposals based on the evaluative criteria set forth in the Request for Proposals;

C. The Tenant was the highest ranked respondent to the Request for Proposals and, on July 17, 2007, the County approved the Selection Committee recommendation to contract with Tenant to provide the food and beverage concession services set forth in the Request for Proposals and this Agreement; and

D. Tenant is willing and able to performlhe food and beverage concession services at the County Administration Building for County as set forth in this Agreement on the terms and conditions set forth below.

NOW THEREFORE, in accordance with the mutual covenants hereinafter contained and other good and valuable consideration, the receipt.and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

, ARTICLE 1 !.

1.1. TERM. This Lease shall have an initial term of five {5) years commencing upon the Effective Date ("Initial Term"), subject to early termination as provided h$rein.

1.2 . RENEWAL TERM. Provided th.e County and Tenant agree to renew the Lease (as it may have been modified from time totime) on mutually beneficial terms; and further provided that the Tenant is not in default under any of the terms and conditions of this Lease qr any other written agreement between Tenant and the County, this Lease may be renewed for a maximum of seven (7) successive terms of one (1) year (each, a "Renewal Term"), for a maximum aggregate of twelve (12) years combined Initial Term and Renewal Terms. Each Renewal Term is subject to all of the provisions set forth in this Lease. Notwithstanding the foregoing, the County may extend or renew this Lease beyond the twelve (12) years if deemed to be in the best interest of Indian River County, Renewal of

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the mutually agreeable Lease terms and conditions shall be completed one hundred and twenty (120) days prior to the end of the Initial Term, and forty-five (45) days prior to the end of each Renewal Term.

ARTICLE2

2.1. LEASED PREMISES DESCRIPTION. The County shall lease to Tenant an area that is approximately 1 ,334 sq ft of space on the first floor of the new main County Administration Building , 1801 2th Street, Vera Beach FL 32960 ("Leased Premises") as shown on Exhibit "A" attached hereto and incorporated herein in its entirety by this reference.

ARTICLE 3

3.1. RENT. Subject to adjustment as set forth in this Lease, and commencing September 1, 2007, Tenant shall pay, without abatement, set-off or other deductions, minimum net rent ("Rent") in the amount of Four Hundred and 00/100 Dollars ($400.00) per month for each month during the Initial Term. Such Rent shall be payable as set forth herein, without billing, on or before the 1st (first) day of each month. The Rent due and payable under this Lease is net to the County and Tenant shall bear all costs and expenses, except as otherwise set forth in this Lease.

3.2. LATE RENT CHARGE. The Rent payable hereunder shall be considered delinquent if it is not received by the County's Finance Department on or before the 1Oth (tenth) day of each month. Delinquent Rent payments shall include, as additional rent hereunder, a Fifty Dollar ($50.00) service charge plus interest at the rate of eighteen percent (18%) per annum calculated from the day the Rent is due until received by the County's Finance Department,

3.3. SALES TAX. In addition, the Tenant shall be liable for the prevailing State of Florida Sales and Use Tax imposed on the Rent for the leasehold estate granted under this Lease . ("Sales Tax"). The Sales Tax shall be paid by the Tenant to the County's Finance Department with the Rent, and the County shall transmit the Sales Tax to the Florida Department of Revenue. ·

3.4. PAYMENT OF RENT. The Tenant shall pay all Rent, Sales Tax, and other charges under this Lease to the County's Finance Department, 1801 27th Street, Vera Beach, FL 32960 by check made payable to "Indian River County Board of County Commissioners".

· 3.5. RENTAL ADJUSTMENT. On October 15\ 2008, and annually on each October 1st

thereafter, including all Renewal Terms, the Rent shall be adjusted in an amount that is the greater of (i)three percent (3%); or (ii) the percentage change in the index known as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers for the South, all· items, 1982-84 equals 1 00" ("CPI")I for the immediately preceding twelve (12) month period of July to July. If the CPI ceases to be published, the successor index shall be used. In no event shall the Rent be"less than the Rent set for

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the previous year of this Lease. The County shall provide notice to Tenant of any adjustment on or before August 15 of each year of this Lease.

3.6. PAYMENT OF OBLIGATIONS. Tenant shall pay all federal, state and local taxes, fees, and other costs lawfully assessed against its operations under this Lease provided, however, that Tenant shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes, fees or costs pending the outcome of any legal proceedings instituted to determine the validity of same. Nothing contained in this Lease shall be deemed to be a waiver of any tax exemption or immunity applicable to the Leased Premises or the new County Administration complex. ·

3.7. SECURITY DEPOSIT. The Tenant shall deposit with the County's Finance. Department, a Cashier's Check or Certified Check payable to "Indian River County Board of County Commissioners" in the amount of Twelve Hundred Dollars ($1200.00) to be held in escrow by the County until September 30, 2012 and thereupon returned to Tenant by County.

ARTICLE4

4.1. CONCESSION SERVICES. Upon the terms and conditions set forth in this Lease, Tenant shall provide food and beverage concession services, together with other sundry items, at the Leased Premises of the nature, quality, and prices as set forth initially on Exhibit "B" attached hereto and incorporated herein in its entirety by this reference. The County reserves the right to require changes, upon reasonable notice and despite the County's previous approval, in the nature or price of the food and beverage, if in the sole

·discretion of the County, if such a change is desirable in providing the best service to the public. Further, Tenant has the rightto modify the nature or price of the food and beverage offerings to meet the requests and requirements of the public and market conditions, provided that all price changes are subject to review and input from the County Administrator or his designee. Where Tenant has adjusted prices in any month, Tenant shall provide written price adjustment and justification information with the next succeeding Rent payment. In addition, Tenant shall furnish coin operated vending machines in both new County Administration Buildings for cold beverages and miscellaneous snacks. These machines will be located with the approval ofthe Director of General Services. The Tenant represents that it has, or will secure at its own expense, all necessary fully qualified personnel required to provide the food and beverage concession services under this Lease. Such personnel shall not be employees of the County.

4.2. EQUIPMENT. Tenant shall furnish all equipment, food, beverages, food service products, coin operated vending machines, labor, and supervision necessary to maintain a quality food service in an efficient operation. Tenant is responsible for all food preparation equipment needed to operate the food services; including but not limited, to coolers, stoves, sinks, ice machines, etc. All equipment is to include any required safety or fire prevention equipment necessary for proper operation. Outside ventilation is not provided in the Leased Premises, arid Tenant acknowledges and agrees that no cooking equipment that requires ventilation such as fryers or grills will be permitted in the Leased Premises.

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Tenant further acknowledges and agrees that it is prohibited from possessing, dispensing, selling, using, or giving away, any _tobacco products of any nature whatsoever from, in, around, or in connection with, the Leased Premises, it being the intent of Indian River County that the new County Administration complex shall be a "Smoke-Free Campus".

4.3. CLEANING; TRASH. Tenant shall meet standards of City of Vero Beach franchise solid waste collection and disposal specifications, and Tenant is solely responsible for the disposal of any solid waste not accepted by the City. Tenant shall provide appropriate trash receptacles within the Leased Premises. Tenant shall be responsible, at its sole cost and expense, for all interior cle_aning of the Leased Premises to maintain the food service operations under this Lease in a sanitary and first-class condition.

4.4.COMPLIANCE. Tenant shall have a current business tax receipt for each year of the lease term and pay all taxes and assessments which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this Lease. Tenant shall· meet all federal, state, county, and municipal laws, ordinances, policies, and rules applicable to the operation of the food and beverage concession under this Lease including, without limitation, the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and the Indian River County Public Health Department.

4.5. HOURS OF OPERATION. Tenant shall be open for business at the Leased Premises Monday through Friday, during the minimum initial operating hours of 7:00 a.m. till 3:00 p.m. daily, year round, and closed on Saturday, Sunday, and official County holidays. The County reserves the right to require changes, upon reasonable notice and despite the County's previous approval, in the hours or days of operation, if in the sole discretion of the County, such a change is desirable in providing the best service to the public. Tenant acknowledges and agrees that: (a) the food service at the Leased Premises is not limited to only County employees, and is open to the public; and (b) County employees are allowed to consume food and beverages brought from the outside within the Leased Premises with no obligation to make any purchase from Tenant.

4.6. EMERGENCY. During any federally, State of Florida, or locally declared disaster or other emergency (herein "Emergency"), the County reserves the right to have the full and exclusive use of the Leased Premises for as long as reasonably necessary as the County, in its sole discretion, acting as the Indian River County Emergency Services District, shall determine, for any and all appropriate governmental purposes in connection with such Emergency. Tenant acknowledges that the County has paramount response and recovery obligations before, during and in the immediate aftermath of an Emergency, and that · fulfilling the County's food and beverage needs shall be the top business priority of Tenant during the Emergency. At the County's request, Tenant shall cooperate with the County in Emergency food and beverage planning. Further, Tenantshall be open for business during the hours that the County requires in connection with any Emergency to provide food and beverage service, even if the hours required are different from non-Emergency hours. Further, County reserves the right to have Tenant provide daily food and beverage

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services to meet the needs of the County, in connection with such emergency, on such terms and conditions as mutually agreed by County and Tenant. ·

4.7. PUBLIC CONTACT. Tenant shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the Leased Premises and the food service. Any and all personal property placed on the Leased Premises by Tenant or others shall be at the risk of the Tenant or others and the County shall not be liable for any damage or loss to such personal property for any cause Whatsoever. The County's Director of General Services or his designee may submit a written report to the Tenant enumerating any problem areas encountered in connection with operations under this Lease; and Tenant will provide written documentation of action to be taken to resolve any such problems.

4.8. COUNTY OBLIGATIONS. County will furnish seating and tables within the Leased Premises; all electrical service, including HVAC; water and sewer services; pest and vector control; limited solid waste collection as set forth in this Lease; and all structural maintenance for the Leased Premises. The County may, but is not obligated to, furnish seating and tables within the outdoor area immediately adjacent to the Leased Premises.

,:i-:9. Tenant acknowledges and agrees that: (a) it is entering into this Lease based on its own independent investigation of the Leased Premises and has satisfied itself as to the general and local conditions and the various conditions which might affect the operation of

· Tenant's food and beverage concession business and sanitary maintenance of the Leased Premises; (b) its independent investigation included the speculative nature of food and beverage concession services in general and at the Leased Premises in particular; and (c) there is no guarantee of any nature whatsoever from the County with respect to the amount of sales or revenues generated at or from the Leased Premises.

4.1 0. ADVERTISING. Concurrently with the execution ofthis Lease, or prior to September 1, 2007, the County may install signage at the sole expense of the Tenant at such places as are determined by the County. Subject to the written approval of the Director of General Services, Tenant may place non-permanent advertising materials at the Leased Premises at Tenant's expense. In addition, Tenant shall post the prices of the items sold from the Leased Premises in a conspicuous place in or on the Leased Premises.

4.11. INGRESS AND EGRESS. Subject to any rules or regulations governing the use of the new County Administration Building Complex, Tenant and Tenant's agents, servants, patrons, invitees, and suppliers of service and furnishers of materials shall have the right of ingress and egress to and from the Leased Premises.

4.12. INSPECTION BY THE COUNTY. The County and its agents, including without limitation the Indian River County Public Health Department, with or without notice, may make periodic inspections of the Leased Premises to determine whether the Tenant is operating in compliance with the terms and conditions of this Lease. The Tenant shall be

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required to make any and all changes required by the County and its agents as a result of such inspections.

4.13. IMPROVEMENTS; FUTURE IMPROVEMENTS. Tenant · agrees that all improvements and any changes made to the Leased Premises shall be at its·sole expense and must have the prior written approval of the Director of General Services or designee. Further, the forgoing approval_ shall not be deemed to be the approval of the County Building Department or any other regulatory arm of the County. Tenant shall not alter or modify any portion of the Leased Premises or the improvements constructed therein without first obtaining written approval from the County. Tenant shall submit for approval by the County detailed plans and specifications for any and all future proposed leasehold improvements at least forty-five (45) days prior to the anticipated date of installation of such improvements. Any such improvements shall be made, installed, and/or constructed at the sole cost of Tenant and Tenant shall coordinate with County during any construction, as appropriate. Tenant agrees that all equipment, furnishings and improvements provided shall meet the requirements of all applicable codes, including, without limitation, building, fire, and other related codes. All improvements made by Ten ant to the Leased Premises which are so attached to the Leased Premises that they cannot be removed without material injury to the Leased Premises, shall become the property of County upon installation or completion of the improvement. Following the installation of any approved additional equipment, furnishings, and improvements, Tenant shall provide to the County a statement setting forth the cost of such equipment and improvements as completed.

4.14. QUIET ENJOYMENT. If and so long as Tenant performs all of its obligations under this Lease, County covenants that Tenant shall and may quietly hold and enjoy the Leased Premises, subject to any applicable laws, ordinances, and governmental regulations, and to any governmental actions. ·

ARTICLE 5

5.1. INDEPENDENT CONTRACTOR RELATIONSHIP. The Tenant is, and shall be, in the performance of all food and beverage concession services and activities under this Lease an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any ofthe food and beverage concession services performed pursuant to this Lease shall at all times, and in all places, be subject to the Tenant's sole direction, supervision and control. The Tenant shall exercise control over the means and manner in which it and its employees perform the food and beverage concession services, and in all respects the Tenant's relationship and the relationship of its employees to the County shall be that of an Independent contractor and not as employees or agents of the County.

5.2. NO PLEDGE OF CREDIT. The Tenant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.

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5.3. SUCCESSORS. This Lease shall be binding on the County and its administrators and on the Tenant and its permitted successors in interest.

5.4. PROHIBITION ON ASSIGNMENT. Tenant shall not, directly or indirectly, assign, sublease, or transfer the Lease, or any interest therein, or any portion of the Leased Premises (the foregoing herein collectively "Transfer"), without the express prior written consent of the County. County shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without County approval shall be null and void and may, at the option of the County, be deemed an event of default under this Lease. Tenant acknowledges and agrees that the County has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee, sublessee, or transferee (the foregoing herein collectively "Transferee"); and any other items that Indian River .County Board of County Commissioners, in its sole discretion, deems appropriate. If Tenant seeks County's consent for a Transfer, Tenant shall submit to County a written request therefor, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) an explanation of the food and beverage concession services that the proposed Transferee will or is likely to make of the Leased Premises; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. Temmt acknowledges and agrees that: (a) the County Administrator. or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make .the decision relating to consent to the Transfer; and (b) any such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof, and such Transfer shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors in interest of Tenant. The foregoing covenant shall be binding on the permitted Transferees of Tenant. The prohibition on Transfers shall not prohibit a change in the form in which Tenant conducts business. Tenant will be released from further liability under this Lease in the event of an approved Transfer; provided that tlie County's consent to any Transfer, or County's acceptance of Rent from any Transferee, will not otherwise relieve Tenant from any pre-existing obligation to County under this Lease.

5.5. ·PROHIBITION ON ENCUMBRANCES. Tenant shall not mortgage, pledge, or encumber this Lease, in whole orin part, or the leasehold estate granted under this Lease, to any other person, firm or entity. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the County, be deemed an event of default under this Lease. This covenant shall be binding on the permitted successors in interest of Tenant.

5.6. NON-DISCRIMINATION. Tenant for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in, the use of the food and beverage concession services offered in or at

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the Leased Premises on the basis of age, sex, disability, race, color, national origin, creed, religion or ancestry.-

5.7. INDEMNIFICATION. The Tenant shall indemnify and hold harmless the County, its officers, agents, servants, and employees from and against any and all losses, liabilities, suits, claims or causes of action (including reasonable attorneys' fees and court costs) brought on account of any injuries or damages received or sustained by any person,

·persons, or property which may arise, directly or indirectly, from any misconduct or negligent act or omission of the Tenant, its agents, servants or employees in the operation of the food and beverage concession in the Leased Premises, or otherwise in connection with this Lease.

5.8. TIME OF THE ESSENCE. Except for "unavoidable delays", it is hereby understood and agreed between County and Tenant that time is ofthe essence throughout this Lease. The term "unavoidable delay" shall mean delays due to strikes, acts of God, the provisions of any federal, state, County or municipal law or regulation, or the decision or judgment of any court of competent jurisdiction, inability to obtain labor or materials, governmental restrictions or delays, civil commotion, public health emergencies, labor disputes, fire, unavoidable casualty or similar causes beyond the control of Tenant or the County, as the case may be.

5.9. SURRENDER. At the expiration or termination ofthe Initial term or any Renewal Term of this Lease, or earlier termination hereof, Tenant shall peaceably and quietly leave, surrender, and deliver the Leased Premises to County, broom clean, and in thorough repair, good order, and safe condition, reasonable wear and tear excepted, as it was at the beginning of the Lease; and Tenant shall, at Tenant's expense, remove all of Tenant's personal property and those improvements made by Tenant which have not become the property of County, and repair all injury done by or in connection with the installation or removal of the personal property and improvements. All property of Tenant remaining on the Leased Premises after the applicable last day of this Lease shall be conclusively deemed abandoned and may be removed by County, and Tenant shall reimburse County for the cost of such removal. County may have any such property stored at Tenant's risk and expense. It is the intention of the parties to this Lease that all furnishings and equipment as defined under the laws ofthe State of Florida purchased or leased by Tenant, shall be and will always remain the personal property of the Tenant. ·

5.1 0. RECORDS. Tenant shall keep records of food services performed and the costs therefor under this Lease, and the County shall have the right to review those records upon three (3) days prior written notice. These records shall become the property of the County upon termination of the Lease.

ARTICLE 6

6.1 NO LIABILITY FOR DAMAGE OR INJURY. The County shall not be liable for any damage or injury which may be sustained by any party or persons in, at, on, or about the Leased Premises.

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6.2 DAMAGE. Tenant shall repair all damage to the Leased Premises caused by the Tenant, its employees, agents, servants, or independent contractors in connection with the operation of the Leased Premises.

6.3 OTHER DAMAGE TO OR DESTRUCTION OF LEASED PREMISES. If the Leased Premises is partially damaged, but not-rendered unusable for the purposes of this Lease, the County or its agents, at its sole option .may, but shall not be required to, repair the Leased Premises with due diligence, using insurance proceeds, and a pro rata adjustment of the rent payable hereunder for the period of business interruption, if any, shall be made. In the event the Leased Premises is totally destroyed or rendered unusable for the Tenant's purposes, the County or its agents, at its sole option may, but shall not be required to, begin to reconstruct or repair the Leased Premises, using insurance proceeds, within a reasonable amount of time and shall continue the work diligently and the fee payable hereunder shall be abated until such time as the Tenant is able to resume operations. At the option of the County or Tenant, this Lease may be terminated in the event of partial or total destruction ofthe Leased Premises or the term of this Lease may be extended by the number of days that the Tenant is unable to operate the food and beverage concession services due to damage to the Leased Premises.

6.4. INSURANCE. The Initial Term of this Lease shall not commence until all insurance required to be provided by Tenant under this Lease has been obtained by the Tenant and proof of insurance, in the form of original certificates of insurance, has been delivered to and approved by the County Purchasing Office. The Certificates shall clearly indicate that the Tenant has obtained insurance of the type, amount, and classification as required in strict compliance with this Article and that no material change or cancellation of the

· insurance shall be effective without providing at least thirty (30) days prior written notice to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The policies of insurance shall be primary and written on forms acceptable to County and placed with insurance carriers approved and licensed by the Department of Insurance for the State of Florida and meet a minimum A.M. Best & Company rating of no less than A: VII. Compliance with the foregoing requirements shall not relieve the Tenant of its liability obligations under this Lease. From time to time during the Initial Term and all Renewal Terms of this Lease, the County reserves the right to require reasonable amendments to the insurance requirements as to amounts or types of coverage by providing reasonable prior written notice to Tenant.

6.5. LOSS DEDUCTIBLE PAYMENT. The County shall be exempt from, and in no way liable for, any sums of money which may represent a deductible under any insurance policy. The payment of any such deductible shall be the sole responsibility of the Tenant.

6.6. WORKERS' COMPENSATION INSURANCE. The Tenant shall take out and maintain, during the Initial Term and all Renewal Terms of this Lease, applicable workers' compensation insurance for all of its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Florida Workers'

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Compensation Law Chapter 440, Florida Statutes. The workers' compensation insurance policy required by this Lease shall also include Employer's Liability.

6.7. PUBLIC LIABILITY INSURANCE. Tenant shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile. liability insurance in amounts not less than set forth herein. The County shall be an additional named insured on these policies with respect to all claims arising out of the food and beverage concession services: (i) Commercial General Liability of $500,000 combined single limit (other than automobile} for bodily injury and property damage to include (A) Premises/Operations; (B) Independent Contractors; (C) Propucts/Completed Operations; (D) Personal Injury; and (E) Contractual Liability; (ii) Business Auto Liability, $500,000 combined single limit for bodily injury and property damage ;(A) Owned/Leased Automobiles; (B) Non-Owned Automobiles; and (C) Hired Automobiles

6.8. ALL RISK PROPERTY INSURANCE. The County may, but shall not be obligated to, self-insure the Leased Premises for "all-risks," including flood damage. Any insurance obtained by the County pursuant to this Lease shall specifically exclude the contents ofthe Leased Premises.

ARTICLE 7

7.1.TERMINATION BY COUNTY FOR DEFAULT. The County shall have the right to terminate this Lease upon the occurrence of any of the following (each an "Event of Default"): (a) Institution of proceedings in voluntary bankruptcy by the Tenant; (b) Institution of proceedings in involuntary bankruptcy against the Tenant if such proceedings continue for a period of ninety (90) days and are not dismissed; (c) Assignment by Tenant for the benefit of creditors; (d) Abandonment by Tenant of the Leased Premises or discontinuance of food and beverage concession operations atthe Leased Premises; (e) Failure ofTenant to pass a Indian River County Public Health Department health or sanitation inspection; (f) Default of, non-performance, or other non-compliance with, any covenant of any nature whatsoever under this Lease; or (g) Failure to pay when due any Rent or additional rent.

7.2 Upon the occurrence of an Event of Default, the County shall send a written notice to Tenant, in the manner set forth in this Lease, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event Tenant does not cure the default.

7.3 Within thirty (30) days following receipt of a default notice for defaults other than 7.1 (e) Failure of Tenant to pass a Indian River County Public Health Department health or sanitation inspection, Tenant shall have cured the default to the reasonable satisfaction of the County. With respect to a default under 7.1(e) Failure of Tenant to pass a Indian River County Public Health Department health or sanitation inspection, the County shall require Tenant to commence to cure such default immediately, and to have such default cured within three (3) calendar days from receipt of notice by Tenant of the failed health or sanitation inspection. Further, the County reserves the right, in its sole discretion, to

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terminate this Lease at any time, upon five (5) days written notice to Tenant, in the event Tenant receives two (2) notices of failed health or sanitation inspections within any six (6) month period, whether or not Tenant has cured the condition that gave rise to the failed health or sanitation inspections.

7.4 In the event Tenant fails to cure the Event of Default within thirty (30) days, or within three (3) calendar days from receipt of notice by Tenant of a failed health or sanitation inspection, as applicable, this Lease shall be deemed to be terminated with no further action by the County. In no event, however, shall such termination relieve Tenant of its obligation to pay any and all remaining rent due and owing to the County for the period up to and including the date of termination or to provide any and all remaining reports to the County for such period. ·

7.5. COUNTY RIGHTS. Nothing contained in this Lease shall restrict the rights of the County to terminate this Lease upon written notice to Tenant as set forth in this Lease. The County has the right to terminate this Lease at any time, upon sixty (60) days advance written notice to Tenant if the food and beverage service is deemed by the County to be unsatisfactory and Tenant has not cured the deficiencies. ·

7.6. TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty (30). days prior written notice to the County, to terminate this Lease at any time after the occurrence of one or more of the following events: (a) Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Leased Premises for commercial purposes, and such injunction remaining in force for a period of more than sixty (60) calendar days; or (b) A breach by the County of any of the terms, covenants or conditions contained in this Lease and the failure of the County to remedy such breach for a period of thirty (30) calendar days after receipt of written notice thereof. Tenant has the right, with prior written notice of sixty (60) days to County, to terminate this Lease if, in the sole opinion of Tenant, profitable sales cannot be reached by Tenant under this Lease. The notice to County sh.all specify the date by which Tenant intends to stop food and beverage operation under this Lease.

7.7. EXCUSE. Tenant shall not be considered in default for a failure to perform if such failure arises out of unavoidable delays as defined in this Lease through no fault or negligence of the Tenant.

. 7.8. RIGHT OF POSSESSION ON DEFAULT. The County may retake possession of the Leased Premises without judicial action upon surrender or abandonment of the Leased Premises by the Tenant. Should Tenant fail to cure a default under the Lease Agreement or in the alternative to surrender or abandon possession of the Leased Premises within the time provided, the County shall have the right to recover possession of the Leased Premises as provided by law. The County's retaking of possession of the Leased Premises, whether by the Tenant's surrender or abandonment of the Leased Premises, or by judicial action, shall not be deemed a waiver of any of the County's other claims, rights or remedies and will not terminate the Lease, absent notice of termination by the County.

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ARTICLES

8.1. NOTICE. Any notice, request, demand, consent, approval or other communication required or permitted by this Lease sha:ll be given or made in writing and shall be served (as elected by the party giving such notice) by any of the following methods: (i)Hand delivery to the other party; (ii) Delivery by commercial overnight courier service; (iii) Mailed by registered or certified mail (postage prepaid}, return receipt requested, at the following addresses: Tenant: Capcan, Inc. Attn: Patricia A. Cannon, President 3414 Cherokee Drive Vero Beach, FL. 32960

County: General Services Division Attn: Tom Frame, Director 1801 2th Street · Vero Beach, FL 32960

Notice given in accordance with the provisions of this Lease shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered as the case may be, if mailed. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed} after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, by written notice to the other party given in accordance with the provisions of this Lease.

8.2. ENTIRETY OF LEASE. This Lease incorporates and includes all prior and contemporaneous · negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Lease that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. ·

8.3. MODIFICATION. This Lease may be modified, altered, or amended only by a written document authorized and executed by both parties with the formality and of equal dignity herewith. This Lease may riot be amended, altered or modified by oral agreements or understandings between the parties unless they are reduced to a written document authorized and executed by both parl:ies with the formality and of equal dignity herewith.

8.4. GOVERNING LAW. This Lease shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Lease shall be instituted in Indian River County.

8.5. REMEDIES. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in

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equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

8.6. NO WAIVER. All remedies provided in this Lease shall be deemed cumulativeand additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided in this Lease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waver of any other delinquency or default. The County's acceptance of payments under this Lease shall not be construed to operate as a waiver of any rights under this . Lease or of any cause of action arising out of the performance of this Lease.

8.8. COSTS. If any legal action or other proceeding is brought for the enforcement of this Lease or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Lease, each party shall bear its own costs.

8.9. SURVIVAL.· Except as otherwise expressly provided herein, each obligation in this Lease to be performed by Tenant shall survive the termination or expiration of this Lease.

8.1 0. SEVERABILITY. If any term, covenant or provision ofthis Lease, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable for the remainder of this Lease, then the application of such terms or provision to persons or. circumstances other than those as to which it is held invalid or unenforceable shall not be affected,. and each and every other term and provision of this Lease shall be deemed valid and enforceable to the fullest extent permitted by law.

8.11. CAPTIONS. Captions in this Lease are included for convenience only and are not to be considered in any construction or interpretation of this Lease or any of its provisions.

8.12. CONSTRUCTION. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties ·may require. The parties hereby acknowledge and agree that each was properly· represented by counsel or had the opportunity so be represented, and this Lease was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the drafter shall be inapplicable to this Lease.

8.14. PUBLIC RECORDS. The Tenant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Lease.

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HUg U~ ~uu~ j:l7PM The Beef and Barrel Resta (9311 456-9215

.Aug 0'2 2007 0: 10 HP LASER.JET FA>< 772-567-0304 p. 1

8.15. COUNTERPARTS. TM;; Lease may be executed in one or more counterparts, each of which shall be deemed tO be an original copy and all of which shall constitute but one and the same instrument

8.16. GENERAL.- The Background Recitals are true and correct and form a material part of !his Lease.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Lease upon the terms and conditions above stated on the day and year first w!ltten above. - · -

COUNTY: BOARD OF COUNlY COMMISSIONERS IND RIVER COUNTY

~~~hQ~~Ba~~~~~~~ C u ty Administrator, under delegation

thorlty In consent agenda item 7G, Board of County Ce»mmlssloners Meeting of July 24, 2007

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BREAKFAST 7:00AM Trt.L 11:00 AM . LUNCH 11:00 AM TILL 3:00 PM

·,:-Seasonal fresh Fruit .... 2.25 · ·: Asstorted Muffins ... 1.25 ·· Toasted BageL...1._25 · . Dal'tllts .... 50 each Box . ..4.95

· Toast .... 95 English Muffin ... 1.2 5 Biscuits 2 per Order .. .1.50 Da.nish ... l.2.5 Cinnamon Bun ••. 1.50

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~:Scr~!lt'rl~~led Eggs With Toast ... 2.25 ! , Eggs Wfth Bacon or Sausage ·~ :

· & Toast ... 3.50 ~~:::;crmnblie(! Egg SCLndwich with Bacon or Sausag

on Sagle or Croissant·or·l<a~ser ..... 2.95 ~ Sausage Gravy Over Toast Or Biscuits :t

112 order ... 2,95 Full Order 3.95 ~. Waffle ... 3.25 ~

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Panca.kes ... .3 . .25 ~ .. · .. ALA CARTE

Bacon 3 Strips .. ;1.50 ·Sausage 2. P<itties ... 1.50 Assorted Yogurt ... .1.25 Cottage Cheese .. .1.25

Cold Cereal .... 1.25

BEVERAGES · Sea.ttles Best Coffee ... !. 50

·:Iced Too ... S;veet or Uttsweet ... 1.25 ~ . . · Sodo. ... Sm .... 95 Large .. .1.50 · -:· Tato Assorted Hot Teas .. J.50 · ." Star BtJcks Bottled FrapacciM . ..2.95

· Lemon Ade ... L50 . • Zepnerhil!s Water ... 95

- fiji Water-.. .1.95 . : San PeifagriM ... 1.!'50

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· Popcorn~ .. 95 Pretze!s .... 95

Cookies ... Oreos & Chips Ahoy'"1.25, L<~rge Cookle .... 95

Crcckers .... 95 Candy Bars, Gum .... 95.

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bEU SANDWICHES •.. 5.50 Turkey, Ham, Roast Beef, Albacore TUI'la Salad SUBS .... 5.95

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INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

August 14, 2008

Department of General Services Division of Facilities Management

The Honorable Board of County Commissioners


Thomas W. Frame, General Services Director ~ u).

Lynn Williams

FPL Energy Services Master Agreement

BACKGROUND: At the June 3, 2008 Board of County Commissioners meeting, the Board authorized staff to negotiate a master agreement with FPL 'Energy ~ervices for Energy Performance Contracting services. The agreement sets out the terms and conditions for feasibility studies of facilities for the purpose of identifying energy savings opportunities and providing design and construction services for completion of the projects.

FPL will provide Feasibility Study Authorization forms for each of the selected Facilities outlining potential Energy Conservation Opportunities (ECO'S) that meet criteria established by the County staff. Feasibility Authorization Forms will be evaluated by staff and forwarded to the Administrator for execution prior to FPL completing a Feasibility Report (which will require Board authorization) or conunitting the County to expenditures.

RECOMMENDATION: Staff recommends that the Board approve the master agreement and that the Chairman be authorized to execute the master agreement with FPl ·Energy Services. Staff also recommends that the County Administrator be authorized to execute Feasibility Study Authorization forms, up to the $50,000 authorized limit, for each scope of work.

Indian River Co.

Administration County Attorney Budget Department Risk Management

Approved Date

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233

MASTER AGREEMENT FOR

DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES (STATE GOVERNMENTAL ENTITIES)

, THIS MASTER AGREEMENT is made and entered into as of August 15, 2008 (the "Effective Date"), by and between FPL Energy Services, Inc., a Florida corporation, license No.QB0017858, and Indian River County, a political subdivision of the State of Florida, with reference to the following:

RECITALS

A. Pursuant to Florida Statutes Section 489.145, known as the Guaranteed Energy Performance Savings Contracting. Act, the Customer issued a Request for Qualifications to the 12 entities listed as "Energy Service Companies/Guaranteed Energy Performance Savings Contractors" currently approved under a State of Florida Master Procurement. The Guaranteed Energy Performance Savings Contractors were selected in compliance with Florida Statutes Section 287.055, the Consultants Competitive Negotiation Act;

B. The Customer formed a selection committee to review the submittals and short-listed 3 firms; on June 3, 2008, the County Board of County Commissioners approved the selection of the Company to perform the Services contemplated in this Master Agreement;

C. The Company is a guaranteed energy performance savings contractor as defmed in Florida Statutes section 489.145(3)(e); is licensed under Chapters 471, 481, and 489, Florida Statutes; and is in the business of providing demand· side management energy efficiency Services for its customers pursuant to a Company initiated Program;

D. The Customer has agreed to participate in the Program by considering the furnishing and upgrading of its facilities with energy efficient equipment and systems in order to achieve potential water and energy savings; and

E. Pursuant to this Master Agreement, the Parties wish to set forth their understanding concerning certain Services which may be provided by the Company to the Customer under the Program.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:

ARTICLE 1- DEFINITIONS

1.1 Authorization Form means a form prepared by the Company for the purpose of identifYing the Customer's options for proceeding with the evaluation, design or installation of specific ECO's identified at one or more Service Location~. An Authorization Form shall accompany each of the following types of documents prepared by the Company under this Master Agreement, Feasibility Study Proposals and Feasibility Reports.

1.2 Change means a request by the Customer that changes the Services, which may consist of modifications or additions to, or deletions from, any Services to be performed or materials to be provided by the Company arising under this Master Agreement.

1.3 Company means FPL Energy Services, Inc., a Florida corporation, including its successors and assigns.

1.4 Confidential Information shall mean all information marked as "confidential" or "proprietary" by an appropriate stamp, label, legend or other written notice thereon if transmitted electronically or other written form,

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and if disclosed orally by either .the Company, then the Company shall confirm the oral ·or visual disclosure that shall be considered Confidential Information in a written memorandum or e-mail transmittal to the Customer within thirty (30) days after such visual or oral disclosure and whether prepared by the Company or otherwise which is disclosed to the Customer or the Customer's agents in connection with this Master Agreement and including all reports, analyses, notes or other information that are based on, contain or reflect any such Confidential Information; however, Confidential Information shall not include the following: (a) information which is or becomes publicly available other than as a result of a violation of this Master Agreement; (h) information which is or becomes available on a non-confidential basis from a source which is not known to the Customer (after due inquiry) to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Company; or (c) information which the Customer can demonstrate was legally in its possession prior to disclosure by the Company. The Company acknowledges that all undertakings by the Customer not to disclose Confidential Information are subject to the provisions of Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended.

1.5 Customer means Indian River County, a political subdivision of the State of Florida.

1.6 Delayed Payment Rate means a rate of interest equal to one percent (1 %) per month, which applies to unpaid Feasibility Study Price, Implementation Price and other amounts which the Customer may become obligated to pay to the Company under the terms of this Master Agreement.

1. 7 Dispute means any dispute or disagreement that may arise between the Parties with respect to the interpretation of any provision of this Master Agreement, the performance of either Party under this Master Agreement, or any other matter that is in dispute between the Parties related to this Master Agreement.

1.8 ECO means an energy conservation opportunity identified by the Company at a specified Service Location.

1.9 Feasibilitv Study means the Services performed by the Company, including the preparation of a Feasibility Report, for the purpose of assisting the Customer in determining whether to proceed with Implementation Services for the installation and construction of particular ECO's at specified Service Locations.

1.10 Feasibilitv Study Price means the compensation to be paid by the Customer to the Company for conducting a Feasibility Study and issuing a Feasibility Report.

1.11 Feasibilitv Study Proposal means a written proposal within a Feasibility Study Authorization Form as described in Article 3, prepared by the Company in consultation with the Customer specifying the particular Services to be performed by the Company in conducting a Feasibility Study and preparing a Feasibility Report with respect to ECO's identified at specified Service Locations.

1.12 Feasibilitv Report means the written report which is issued by the Company to the Customer to summarize the Company's fmdings based upon a Feasibility Study of particular ECO's at specified Service Locations.

1.13 Final Acceptance Date means the date on which any Punch List items for an ECO(s) is determined by the Company and Customer as completed and stated as the effective date in the Notice afFinal Acceptance.

1.14 Force Majeure Event means an event, including but not limited to, acts of God, fire, flood, windstorm, war, terrorism, sabotage, revolution, acts of any government or governmental agency, strikes or other labor difficulty, insurrection, riot, strikes, telecommunications failures, that neither the Company nor the Customer shall be considered to be in default in the performance of its obligations arising under this Master Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of, and not a result of the fault or negligence of, the affected Party.

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1.15 Subcontractor means a third-party subcontractor who is retained by the Company to perform installation or construction work at the Customer's Service Location(s) pursuant to a Customer-authorized Implementation Services Authorization Form (as setforth in Section 4.1).

1.16 Implementation Price means the compensation to be paid by the Customer to the Company for performing Implementation Services with respect to particular ECO's at specified Service Locations.

1.17 Implementation Services means the Services provided or proposed to be provided by the Company to construct, install or otherwise implement one or more ECO's at specified Service Locations in accordance with the terms of a Feasibility Report, which Services shall include, but not be limited to, (a) causing the procurement, construction and installation of all materials, equipment and systems required to implement each ECO at a particular Service Location, (b) providing and paying for all labor and support services necessary to perform such work, (c) supplying to the Customer copies of any operation and maintenance manuals available from the manufacturers, vendors and suppliers of equipment or systems comprising a part of any installed ECO, (d) providing on-site training for a reasonable number of the Customer's designated operating personnel, if such training is reasonably required or necessary for the proper operation and maintenance of any complex equipment or system comprising· a part of any installed ECO, and (e) arranging for the fmal inspection and check-out of each installed ECO.

1.18 Master Agreement means this Master Agreement for Demand Side Management and Energy Efficiency Services, including any and all schedules and exhibits attached thereto, as may be amended from time to time. The terms, conditions, representations, warranties and other provisions of this Master Agreement shall apply by reference to each and every Feasibility Study Proposal, Feasibility Report, and any other written proposal, document, notice or Authorization Form issued under the termS of this Master Agreement, as if such provisions were set forth expressly therein.

1.19 Minor Deficiencies means, with respect to a particular ECO which has been determined by the Company to be Substantially Complete, any construction, installation or other Implementation Services identified in a Punch List which do not materially affect the ability of the ECO to properly operate and function in accordance with its intended purpose pursuant to this Master Agreement and the terms and specifications contained in a Customer-executed Implementation Services Authorization Form.

1.20 Notice of Substantial Completion means a written notice issued by the Company to notifY the Customer of the substantial completion of the installation of an ECO.

1.21 Eill:!Y means the Coinpany or Customer identified in the opening paragraph of this Master Agreement.

1.22 Parties means the Company and Customer identified in the opening paragraph of this Master Agreement

1.23 Payback Criteria means, with respect to an ECO, the number of years obtained by dividing (i) the total estimated implementation cost of the ECO (including the costs incurred by the Company under this Master Agreement, but excluding all fmancing costs associated with implementation of the ECO), by (ii) the estimated savings to the Customer from the installed ECO, including energy savings, maintenance savings, avoided capital costs, and other avoided costs as applicable. All such estimates shall be made by the Company, in its sole professional judgment, and shall be binding upon the Customer for purposes of this Master Agreement.

1.24 Person means any individual or entity of any type, including, but not limited to, corporations, partnerships, business trusts, associations, goverumental agencies, political subdivisions, state, district, college, university, board or other organization.

1.25 Program means the demand side management Services provided by the Company for its customers pursuant to a Company-initiated program known as the Energy Efficiency Services Program.

1.26 Punch List means, with respect to a particular ECO, a list of Minor Deficiencies provided by the Customer to the Company prior to the Customer's receipt and execution of a Notice of Substantial Completion.

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1.27 Service Location means a facility legally owned or operated by the Customer at which the Customer desires the Company to perform Services.

1.28 Services means the energy efficiency services provided by the Company to the Customer under the Program and pursuant to the terms of this Master Agreement, including, but not limited to, the preparation of Feasibility Proposals, Feasibility Studies and Implementation Services.

1.29 Substantial Completion or Substantially Complete means, with respect to a particular ECO, that level of construction and implementation which renders the ECO operational whereby Customer is able to obtain beneficial use of the ECO, regardless of whether the ECO has one or more Minor Deficiencies, as determined within the reasonable exercise of the Company's professional judgment.

1.30 Substantial Completion Date means the date or milestone set forth in a Feasibility Report that is determined by the Company to be Substantially Complete.

1.31 Vendor means any vendor, manufacturer, or other representative of an ECO vendor, manufacturer, or distributor utilized by the Company in providing Services in accordance with this Master Agreement.

ARTICLE 2- SCOPE OF MASTER AGREEMENT AND TERM

2.1 Scope. Subject to the terms and conditions of this Master Agreement, the Company agrees to furnish to the Customer, and the Customer agrees to purchase and receive from the Company, certain Services at the Customer's specified Service Locations. The Parties shall agree upon the Services that the Company will furnish to the Customer with respect to each Service Location and with respect to ECO's identified at particular Service Location prior to the Company commencing work at any designated Service Location as set forth in an Authorization Form which accompanies one or more Feasibility Study Proposals and Feasibility Reports, as set forth in Articles 3 and 4 of this Master Agreement. Each of the various proposals, documents and forms referenced in this Master Agreement shall adopt and incorporate the terms and conditions of this Master Agreement as if such terms and conditions were expressly set forth within such proposals, documents and forms. Unless expressly stated in a Change Order in accordance with Article 14 below, where the terms and conditions of any schedules or exhibits thereto are inconsistent with the terms and conditions of this Master Agreement, the terms of this Master Agreement shall govern the terms and conditions of the Service. In the event the terms and conditions of Change Orders conflict, the most recently executed Change Order shall govern the terms and conditions of the Service.

2.2 Term. This Master Agreement shall commence upon the Effective Date and shall continue in effect for a period of five (5) years with automatic twelve (12) month annual renewals until written notice of termination by either Party in accordance with the provisions of Article 15 herein; provided that upon such written notice of termination, portions of this Master Agreement shall remain in effect as set forth in Articles 7 aud 15.

ARTICLE 3- FEASIBILITY STUDY AND REPORT

3 .l Preparation of Feasibility Study Authorization Form by Company. The Company may prepare and deliver to the Customer a Feasibility Study Authorization Form, which identifies any potential ECO's that the Company believes, in its sole professional judgment, may provide appropriate justification to proceed with the preparation of a Feasibility Study. Each Feasibility Study Proposal shall include a designation of the Services to be provided, the technologies to be included in the proposed Feasibility Study and the Feasibility Study Price. A sample copy of a Feasibility Study Authorization Form is attached to this Master Agreement as Schedule A.

3.2 Authorization to Proceed with Feasibility Study. Unless otherwise mutually agreed to by the Parties in writing, a Feasibility Study Authorization Form must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Study Authorization Form to authorize the Company to proceed with the Feasibility Study. Upon the Company's timely receipt of a properly completed Feasibility Study Authorization Form wherein the Customer requests a Feasibility Study for any or all of the ECO's identified in the Feasibility Study Authorization Form, then the Company shall prepare and submit a

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Feasibility Study to the Customer. If the Customer elects to not authorize a Feasibility Study, or if the Customer fails to deliver to the Company an executed Feasibility Study Authorization Form within the sixty (60) day period provided by this Section 3 .2, the Company shall have no duty or obligation to conduct a Feasibility Study with respect to any of the ECO's at the Service Locations identified in the Feasibility Study Authorization Form.

3.3 Feasibilitv Report. Pursuant to a Customer-authorized Feasibility Study performed by the Company in accordance with a Feasibility Study Authorization Form, the Company shall recommend ECO's for implementation at any Service Locations surveyed based on a life-cycle cost analysis and estimated energy savings for each ECO. The Company shall prepare and submit to the Customer a Feasibility Report specifYing each recommended ECO and providing for each an estimate of (a) the expected implementation cost, (b) the anticipated life-cycle cost savings, and (c) the estimated timing for implementation, all of which shall be estimates only, based on the Company's reasonable assumptions. In the case of each ECO examined in a Feasibility Report, the Company shall provide sufficient information to determine whether the Customer's Payback Criteria are expected to be met based on the Company's estimates.

3.4 Authorization to Proceed with Feasibilitv Report. Each Feasibility Report will include an Implementation Services Authorization Form, as defmed below in Section 4.1, which must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Report to authorize the Company to proceed with the preparation of an implementation of the Feasibility Report in accordance with Article 4. If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the Company will proceed with preparing any implementation of the Feasibility Report authorized by the Customer on the Implementation Services Authorization Form; provided, however, that if the Customer elects to proceed with less than fifty percent (50%) of the recommended ECO's (as determined on an estimated implementation cost basis) identified in a Feasibility Report, the Company shall have the ability to refuse to proceed with preparation and implementation identified in a Feasibility Report for any ECO's that the Customer elects to proceed. Each Implementation Services Authorization Form accompanying and referencing a Feasibility Report will include an option allowing the Customer to defer payment of the Feasibility Study Price in accordance with Section 3.5.3 if the Customer elects to proceed with additional Implementation Services.

3.5 Feasibility Study Price and Payment Terms.

3.5.1 Feasibility Study Price. Except as otherwise provided in Section 3.5.3, the Customer shall pay to the Company the Feasibility Study Price which is included in a Customer-executed Feasibility Study Authorization Form for all Services performed by the Company in conducting a Customer-authorized Feasibility Study and issuing a Feasibility Report. The Feasibility Study Price is the full compensation for the Services performed by the Company in conducting a Company-authorized Feasibility Study and rendering a Feasibility Report and includes all federal, state and local taxes, if any, assessed with respect to the Services or with respect to the furnishing of any items under the Feasibility Study.

3.5.2 Payment Upon Failure to Authorize Additional Services. If the Customer elects to riot proceed with Implementation Services or fails to deliver to the Company a completed and executed Implementation Services Authorization Form within sixty (60) days of the Customer's receipt of a Feasibility Report, the Company shall have no duty or obligation to proceed with any Implementation Services with respect to the ECO's identified in the Feasibility Report, and the Company shall provide an invoice to the Customer for the full Feasibility Study Price determined in accordance with Section 3.5.1 and included in the Feasibility Study Authorization Form. The Customer shall pay the total amount of the invoice in full within sixty (60) days following the Customer's receipt of the invoice.

3.5.3 Deferral Election. In the event the Customer elects to proceed with Implementation Services for one or more ECO's pursuant to Section 3.4, the Customer shall elect on the Implementation Services Authorization Form accompanying and referencing a Feasibility Report to either (a) receive an invoice for the full amount of the Feasibility Study Price, or (b) defer and roll-over payment of the Feasibility Study Price until such time as compensation is payable to the Company pursuant to Article 4 for Implementation Services. If the Customer elects to receive an invoice pursuant to clause (a) of this Section 3.5.3, or if the Customer fails to make a timely election pursuant to the foregoing, the Company shall issue an invoice for the full amount of the Feasibility Study Price, and the Customer shall pay such amount within thirty (30) days following receipt of the invoice.

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3.5.4 Late Payments. Any overdue payment under Article 3 shall bear interest at the Delayed Payment Rate from the date such payment is due until and including the date of payment.

3.5.5 Release from Obligation to Pay Feasibilitv Study Price. Notwithstanding any provision in Section 3.5.1 to the contrary, the Customer shall have no obligation hereunder to pay the Company for a Feasibility Study or Feasibility Report performed by the Company if (a) the Feasibility Report submitted by the Company does not identifY at least one potential ECO at a Customer Service Location specified in the Customer-executed Feasibility Study Authorization Form which meets the agreed upon Payback Criteria as set forth in the Feasibility Study Authorization Form, or (b) the Customer does not elect to proceed further with any recommended ECO as set forth in Section 3 .4.

3.5.6 Notice of Termination of Feasibility Study by the Company. In the event the Company determines, prior to submission of the Feasibility Report to the Customer, that the Company will not be able to identifY at least one potential ECO that meets the agreed upon Payback Criteria as set forth in the Feasibility Study Authorization Form, then the Company, in its sole discretion, may elect by written notice to the Customer to terminate its duties and obligations to complete and deliver the Feasibility Report, unless the Customer, within five (5) days following receipt of such notice, elects in writing to waive the provisions of Section 3.5.5 and to pay to the Company the Feasibility Study Price as otherwise set forth in Section 3.5.1.

ARTICLE 4- INSTALLATION AND IMPLEMENTATION

4.1 Authorization to Proceed with Implementation Services. Each Feasibility Report will be referenced and incorporated into an Implementation Services Authorization Form which must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Report to authorize the Company to proceed with the Implementation Services identified in the Feasibility Report. A sample copy of an Implementation Services Authorization Form is attached to this Master Agreement as Schedule I!,. If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the Company will proceed with conducting the Implementation Services specified in the Feasibility Report. If the Customer elects to not authorize the Implementation Services or if the Customer fails to deliver to the Company an executed Implementation Services Authorization Form within the sixty (60) day period provided by this Section 4.1, the Company shall have no duty or obligation to perform any Implementation Services with respect to any of the ECO's at the Service Locations identified in the Feasibility Report, and the Customer shall pay the Company for the Feasibility Study prepared for such ECO.

4.2 Substantial Completion and Final Acceptaoce.

4.2.1 Inspections and Notice of Substantial Completion. During the performance of Implementation Services under this Article 4, the Customer shall have the right to conduct reasonable inspections of the work of the Company or any Subcontractor at any time upon reasonable prior notice. Upon Substantial Completion of construction and installation of each ECO in accordance with a Customer-authorized Feasibility Report, the Company shall deliver a Notice of Substantial Completion to the Customer. A sample copy of a Notice of Substantial Completion is attached to this Master Agreement as Schedule C. The Customer shall have delivered a list of any Punch List items and any potential material defect or deficiency prior to the Customer executing a Notice of Substantial Completion.

4.2.2 Correction of Material Defects or Deficiencies. Prior to receiving a Notice of Substantial Completion, the Customer agrees it has identified and delivered written notification to the Company any and all potential material defect or deficiency in an ECO. If the Customer determines that a material defect or deficiency exists, Customer shall promptly notifY Company in writing pursuant to Section 218.735(7)(a)(l), Florida Statutes, and thereafter the Company shall cause any necessary corrections to be made to remedy the material defect or deficiency. If for any reason the Customer fails to deliver written notification to the Company of a material deficiency or defect in an ECO following the Company's acknowledgment by Customer that the ECOs are Substantially Complete and received the Customer's Notice of Substantial Completion, the Customer shall thereby be deemed to have irrevocably acknowledged and agreed that (a) each ECO meets the requirements of the Master Agreement and the Customer-executed Implementation Services Authorization Form, and (b) each such ECO is

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complete and ready for operation. Notwithstanding the foregoing, in the event the Customer later discovers any additional Minor Deficiencies in the Services following the Substantial Completion Date, the Customer's sole recourse and exclusive remedy for the Company's failure to complete any Minor Deficiencies identified in the Punch List items in accordance with this Master Agreement is to seek its sole and exclusive remedy in accordance with Article 5, Warranty.

4.2.3 Correction of Punch List Items. Prior to receiving a Notice of Substantial Completion, the Customer agrees it will identifY and deliver to the Company a Punch List which lists one or more Minor Deficiencies in an ECO. Following such identification and receipt of a Punch List, the Company shall work diligently to complete or correct such items and work listed in the Punch List within a reasonable time period. Upon completion of any Punch List items, the Company shall deliver a written notification of Punch List completion to the Customer.

4.2.4 Payment Unconditional Upon Substantial Completion. The Customer acknowledges that, notwithstanding the existence of any Minor Deficiencies, regardless of their inclusion in a Punch List, the Customer unconditionally agrees to make payment to the Company for the ECO's listed in a Notice of Substantial Completion once the ECO's are Substantially Complete in accordance with the applicable Implementation Services Authorization Form. The Customer acknowledges that, upon the Substantial Completion Date of an ECO, the Customer's payment obligation set forth in the Feasibility Report for the ECO (notwithstanding the existence of Minor Deficiencies or the failure of the Company to properly complete or correct such Minor Deficiencies), is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other right. The Customer's sole recourse and exclusive remedy for the Company's failure to complete any Minor Deficiencies identified in the Punch List items in accordance with this Master Agreement is to seek its sole and exclusive remedy in accordance with Article 5, Warranty.

4.2.5 Notice of Final "Acceptance. Upon (i) the Customer's execution of the Notice of Substantial Completion, ahd in accordance with the process set forth in Section 4.3.2 to correct any material defects or deficiencies identified by the Customer, and (ii) the Company's completion of Minor Deficiencies identified in Punch List as set forth in Sections 4.2.3 and 4.2.4, the Company shall deliver a Notice of Final Acceptance to the Customer to execute. A sample of a Notice of Final Acceptance is attached to this Master Agreement as Schedule ]2_. Subject to the requirements of Florida Statutes section 218.70 et. seq. (the "Local Govermnent Prompt Payment Act") the Customer acknowledges that the Customer unconditionally agrees to make fmal payment to the Company for the ECO's listed as of the Final Acceptance Date, or are deemed to be, complete in accordance with this Master Agreement. The Customer acknowledges that, upon the Final Acceptance Date of an ECO, the Customer's payment obligation of the remaining ten percent (10%) of the Implementation Price set forth in the Feasibility Report for the ECO, is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, ~ithout limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other right. The Customer's exclusive recourse for any claim regarding the Implementation Services following the Final Acceptance Date is to seek its sole and exclusive remedy in accordance with Article 5, Warranty.

4.2.6 Reliance. The provisions of Article 4 may be·relied on by the Company and by any assignee of the Company in connection with the furnishing of ECO financing to the Customer in accordance with the provisions of the Master Agreement. Any assignee of the Company shall be entitled to the rights, but not the obligations, of the Company under this Article 4.

4.2. 7 ECO Responsibility. Unless otherwise mutually agreed to by the Parties, the Company assumes no responsibility for performance or maintenance ofECO's, which are to be insured by the Customer. No Vendor is an agent of Company, and no Vendor or employee of any Vendor is authorized to waive, supplement or otherwise alter any terms, conditions, or agreement between the Company and the Customer.

4.2.8 Training. If applicable, and if set forth in a Customer-authorized implementation of a Feasibility Report pursuant to a Customer-authorized Implementation Services Authorization Form, the Company shall provide on-site training for a reasonable number of the Customer's operating personnel with respect to completed ECO's, and the Customer shall assist in such training, all as more fully specified in the Feasibility Report.

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Unless otherwise provided in the Feasibility Report, such training shall be conducted with respect to an ECO following the Substantial Completion Date of the ECO.

4.3 Implementation Price and Pavment.

4.3 .I Implementation Price. The Customer shall pay to the Company the Implementation Price set forth in a Feasibility Report for all Implementation Services performed by the Company pursuant to a Customer authorized Implementation Services Authorization Form. The Implementation Price is the full compensation for such Implementation Services and includes all federal, state and local taxes, if any, including sales, use and excise taxes, assessed with respect to the Implementation Services or with respect to the furnishing of equipment and materials thereunder.

4.3 .2 Implementation Price Payment. Subject to the requirements of the Local Govermnent Prompt Payment Act, within thirty (30) days following the Substantial Completion Date or as otherwise set forth in the draw schedule attached to the Implementation Authorization Form, the Company shall provide an invoice to the Customer for all or any portion of the Implementation Price, in accordance with Section 4.2.5, together with any unpaid Feasibility Study Price for such ECO(s ), and the Customer shall be obligated to pay the total of such amounts within thirty (30) days following receipt of the invoice. In the event the Master Agreement is terminated by either Party prior to the Substantial Completion Date, all accrued and unpaid Feasibility Study Price and Implementation Price, including any unpaid interest accrued upon such amounts, shall be paid by the Customer to the Company within thirty (30) days following the Customer's receipt of an invoice therefore.

4.3 .3 Late Payment. Any overdue payment under Section 4.4 shall bear interest at the Delayed Payment Rate from the date such payment is due until and including the date of payment.

4.4 Identification of Energy Savings. As applicable and in accordance with applicable laws, the Company shall set forth appropriate systems and procedures for measuring and verifying the actual energy savings resulting from the Implementation Services of an ECO, which shall be set forth in an applicable Feasibility Report.

4.4.1 Energy Savings Guarantee. As set forth in and in accordance with the applicable Implementation Services Authorization Form, the Company has formulated and, subject to the adjustments provided for in Section 4.1.2, has guaranteed the annual level of energy and operations savings to be achieved as a result of the installation and operation of the ECO and provision of Services provided for in this Master Agreement.

4.4.2 Annual Review and Reimbursement/Reconciliation. The Company shall provide to the Customer an annual reconciliation of the guaranteed energy cost savings. If at the end of any calendar year during the guarantee period as specified in the applicable Implementation Services Authorization Form, the ECO has failed to achieve the specified annual energy savings guarantee, and, upon written request by the Customer, which shall be given no earlier than the end of such year and no later than forty-five ( 45) days thereafter, the Company will pay the Customer the difference between the annual amount guaranteed and the amount of actual energy and operations savings achieved at the Location in accordance with the provisions of the applicable Implementation Services Authorization Form. The Company shall remit such payments to the Customer within forty-seven (47) days of written notice by the County of such monies due. When the total energy savings in any one calendar year during the guarantee period exceed the energy savings guarantee as set forth in Implementation Services Authorization Form, and are in addition to those monies due the Company for compensation for Services rendered as set forth in Implementation Services Authorization Form, such excess savings shall first be applied to reimburse the Company for any payment the Company made to Customer to meet the applicable ECO' guarantee for previous years in which the energy savings fell short of the applicable ECO' Energy Savings Guarantee under the terms as set forth in the applicable Implementation Services Authorization Form. Any excess savings not needed to reimburse the Company for prior year shortfalls shall be allocated to the Customer.

4.5 Bonds. On or before the Company commences Implementations Services at an ECO, the Company shall provide the Customer a one hundred percent (!00%) performance bond and a labor and materials payment bond pursuant to Section 255.05, Florida Statutes, in an aggregate amount of not less than the Implementation Price. The Company's obligations to maintain a performance bond and a labor and materials

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payment bond pursuant to Section 255.05, Florida Statutes, shall extend thirty (30) days beyond the Final Acceptance Date.

ARTICLE 5 - WARRANTY

5.1 General Warrantv. The Company warrants to the Customer that the Services performed by the Company under this Master Agreement shall be performed with the degree of skill and care that is required by current good and sound professional procedures and practices, and in conformance with generally accepted industry standards prevailing at the time the Services are performed. The Company further warrants that all equipment and materials provided and installed by the Company in connection with the implementation of any ECO hereunder shall be new, be free from significant defects in design, engineering, materials, construction and worlananship, as reasonably determined by the Customer, and conform in all material respects with all requirements of applicable law, the fmal Design Documents applicable to such ECO and all descriptions set forth therein, applicable engineering and construction codes and standards, and all other requirements of this Master Agreement and of any applicable Customer-authorized Implementation Services Authorization Form.

5.2 Warranty Period. The warranty period for the warranties set forth in Section 5.1 shall extend, with respect to each installed ECO, for a period of one (I) year commencing thirty (30) days following the Substantial Completion Date for such ECO.

5.3 Remedies. The Customer shall promptly notify the Company in writing of the discovery during the applicable warranty period of any claim against the Company's warranties under Section 5.1, including any defects in the equipment or materials installed as part of an ECO. As the Customer's sole and exclusive remedy for any such claim against the Company's warranties, the Company shall, at its own cost and expense, as soon as reasonably possible following the Company's receipt of notice of any claim against any warranty or the Company's otherwise obtaining knowledge of any claim of warranty, cause the repair (or as Company determines appropriate the replacement, rework and/or retest) of defective equipment and construction workmanship and/or provide at the Company's expense any changes, modifications or additions to the work which the Company determines necessary due to a failure to perform any Services hereunder and furnish the equipment and materials in accordance with the standards set forth in Section 5.1. All costs directly associated with the Company's rework and testing thereof shall be borne by the Company. The Company shall use reasonable efforts to perform such remedial actions and make any tests in a timely manner and at such times so as to minimize disruption of normal operations at the Customer's Service Location.

5.4 Vendor Warranties. Without limiting the Company's warranty set forth in Section 5.1, the Company, in procuring materials and equipment for an ECO, shall use reasonable efforts to obtain customary and standard Vendor warranties from the supplier or Subcontractor for the benefit of the Company and the Customer. The Customer shall be entitled to the benefit of any Vendor or Subcontractor warranties obtained which are better or of longer duration than those provided by the Company hereunder. If any such warranties are for a period longer than the Company's warranties, they shall be transferred to the Customer at the end of the Company's warranty period under Section 5.3.

5.5 Company Principally Responsible. Notwithstanding Section 5.4, the Company shall have primary liability with respect to all Company warranties set forth in Section 5.1, including warranties with respect to materials and equipment, whether or not any event or defect is also covered by a Vendor or Subcontractor warranty, for the warranty period set forth in Section 5.3, and the Customer need only look to the Company for corrective action during the warranty period set forth in Section 5.3. Upon the expiration of the warranty period set forth in Section 5.3, Customer shall look to the applicable Vendor or Subcontractor to the extent such Vendor or Subcontractor provides a warranty beyond the warranty period in Section 5.3.

5.6 Warranty Exclusions. The liabilities and obligations of the Company under this Article 5 do not extend to any repairs, adjustments, alterations, replacements or maintenance which were not prior approved in writing by the Company or may be required as a result of wear and tear in the operation or use of an ECO, or as a result of the Customer's failure to operate or maintain an ECO in accordance with the operating manuals or instructions supplied by the Company, or in accordance with the training provided by the Company to Customer's

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personnel. The Parties will work together to address any bona fide emergency action that may be necessary to be taken by the Customer; provided, however, any action taken by the Customer without the Company prior written consent shall be subject to the limitations in this Article 5.

5.7 NO IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN TillS ARTICLE 5, THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR ANY ECO, AND THE COMPANY DISCLAIMS ANY WARRANTY IMPLIED BYLAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE. UNLESS OTHERWISE EXPRESSLY STATED IN A FEASIBILITY REPORT ATTACHED TO AN IMPLEMENTATION AUTHORIZATION FORM OR AS REQUIRED UNDER CHAPTER 489, FLORIDA STATUES, THE COMPANY MAKES NO WARRANTIES OR GUARANTEES OF ANY NATURE WHATSOEVER CONCERNING THE ACTUAL REDUCTION IN THE CUSTOMER'S ENERGY USAGE AS A RESULT OF THE INSTALLATION AND OPERATION OF ANY ECO, AND THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY ESTIMATED SAVINGS, ESTIMATED LOAD REDUCTIONS OR OTHER SIMILAR PROJECTIONS SUPPLIED OR MADE BY THE COMPANY SHALL BE FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE COMPANY OF THE ACTUAL SAVINGS OR LOAD REDUCTION, IF ANY, WillCH MAY BE EXPERIENCED BY THE CUSTOMER.

5.8 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections 5.1 through 5. 7 shall survive the termination or expiration of this Master Agreement.

ARTICLE 6- LIMITATION OF LIABILITY

6.1 No Operating or Maintenance Responsibility. Except as otherwise specifically provided in Article 5, the Company shall have no responsibility or liability with respect to any ECO after the Substantial Completion Date thereof, and the Customer shall be solely responsible for the operation, maintenance and utilization of each ECO after such date. Without limiting the generality of the foregoing, no payment obligation of the Customer arising under this Master Agreement shall be affected by the actual performance of any ECO following the Substantial Completion Date.

6.2 Disclaimer of Conseguential Damages. Neither Patty shall be liable to the other Patty for special, indirect, consequential, incidental, extemporary, or punitive damages, even if the Party has been advised that such damages are possible. No Patty shall be liable for lost profits, lost revenue, or lost institutional operating savings.

6.3 Limitation of Liabilitv. Except in cases where a court of competent jurisdiction has determined willful misconduct on the part of a Patty, each Patty's total liability under this Master Agreement shall not exceed the Feasibility Study Price or Implementation Price, as the case may be, for the Services that have given rise to the Dispute.

6.4 Intent. Except for each Party's indemnification obligations under this Agreement, each Party's total aggregate liability under this Master Agreement shall not exceed the total cost of the Services rendered and paid for by the Customer giving rise to the Dispute. The guaranteed savings that are set forth in an applicable Implementation Services Authorizations Form do not constitute a debt, liability, or obligation of the Customer. Except in cases of willful misconduct, the Parties intend that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Master Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to such person's affiliates and to its and their partners, shareholders, directors, officers, employees, contractors and agents. The Parties also intend and agree that such provisions shall continue in full force and effect notwithstanding the termination, suspension, cancellation or rescission of this Master Agreement. No officer, director, employee, agent or other individual representative of either Patty shall be personally responsible for any liability arising under this Master Agreement.

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6.5 Remedies. Where remedies are expressly afforded by this Master Agreement with respect to the Services provided by the Company, snch remedies are intended by the Parties to be the sole and exclusive remedies of the Customer for liabilities of the Company arising out of or in connection with the Services or this Master Agreement, notwithstanding any remedy otherwise available at law or in equity.

6.6 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections 6.1 through 6.5 shall survive the termination or expiration of this Master Agreement.

ARTICLE 7- ACCESS AND INFORMATION

7.1 Customer Cooperation. The Customer shall use reasonable efforts to assist the Company in performing the Services contemplated by this Master Agreement, including providing reasonable access to the Customer's Service Location(s), providing information concerning the Service Location(s), making appropriate Customer personnel available if requested by the Company to assist the Company in performing such Services, and taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent of this Master Agreement.

7.2 Access to Service Locations. Upon the request of the Company, the Customer shall provide the Company and its Subcontractors with reasonable access to the Service Location(s) to enable the Company to perform all Services hereunder and to verify and confirm the operation of any installed ECO following the Substantial Completion Date. The Company also shall have access to the Service Location(s) during the warranty period specified in Article 5 for purposes of performing its obligations thereunder. The Customer shall provide the Company with adequate storage and laydown areas at the Service Location(s), as applicable, during the installation of ECOs and shall make available any construction power and other utilities required by the Company and its Subcontractors to perform the Services. The Company and its Subcontractors shall observe all of the Customer's safety and security procedures at the Service Location(s), to the extent made known to the Company, and shall not unreasonably disturb or interrupt the Customer's operations at such location(s).

7.3 Requests for Information. The Customer shall promptly comply with all reasonable requests by the Company for information concerning the Service Location(s), as required by the Company to perform the Services, and information to enable the Company to determine the actual energy savings and load reduction achieved at the Service Location(s) as a result of ECO implementation. The Customer also shall provide the Company with any information and other assistance reasonably required to verify to the Florida Public Service Commission the demand and energy savings achieved and the related costs thereof. The Customer agrees that the Company may disclose such information obtained by the Company or provided by the Customer pursuant to this Master Agreement or any supplemental Master Agreement to the Florida Public Service Commission and to any other public authority having jurisdiction.

7.4 Nondisclosure and Use of Confidential Information. Confidential Information shall not be used for any purpose other than to analyze, implement or complete the Program. Confidential Information shall be held in strict confidence by the Customer and shall not be disclosed without prior written consent of the Company, except to the Customer's employees with a need to know the Confidential Information for the purpose of performing work related to the Program. The Customer shall require all of its agents receiving the Confidential Information to be bound by the terms of Sections 7 .I through 7. 7 of this Master Agreement.

7.5 Required Disclosure. In the event that the Customer is requested or required by legal or regulatory authority to disclose any Confidential Information or as otherwise required pursuant to the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes, the Customer shall promptly notify the Company of such request or requirement prior to disclosure so that the Company may seek an appropriate protective order, at the sole cost of Company and/or waive compliance with the terms of this Master Agreement. In the event that a protective order or other remedy is not obtained, or the Company waives compliance with the provisions hereof, the Customer agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is consistent with the scope of the subpoena or demand, and to exercise reasonable efforts to obtain assurance that confidential treatment will be accorded such Confidential Information. Notwithstanding anything to the contrary, the Parties and their agents may disclose to any and all persons, without limitation of any kind, the tax

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treatment and tax strncture of the Program and all materials of any kind (including opinions or other tax analyses) that are provided to either Party relating to the tax treatment and tax strncture of the Program.

7.6 Intentionally Deleted.

7.7 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections 7.1 through 7.7 shall survive the termination or expiration of this Master Agreement.

ARTICLE 8- DOCUMENTS AND DATA

8.1 . Ownership Rights. Any Feasibility Study, Feasibility Report or other report or document furnished or to be furnished by the Company pursuant to this Master Agreement constitute Confidential Information and shall remain the sole and exclusive property of the Company and may only be used by the Customer through the grant of a limited license for the operation, maintenance, repair or alteration of any ECO installed by the Company. The Customer shall not acquire any rights or interest with respect to the Company's or its Subcontractors' proprietary technology, know-how, processes or computer software or any other intellectual property that may be used in connection with the Services or the supply of equipment and materials hereunder. The Customer acknowledges that the Company provides Services to other companies and agrees that nothing in this Master Agreement will be deemed or constrned to prevent the Company from carrying on such business. In particular, the Customer agrees that, notwithstanding anything to the contrary set forth herein, as part of the Company's provision of the Services hereunder, the Company may utilize software, methodologies, tools, specifications, models, samples and documentation, the Company's Confidential Information, as well as copyrights, trademarks, service marks, ideas, concepts, know-how, techniques, knowledge or data, which have been originated, developed or purchased by the Company or by third parties under agreements to provide services for such third parties.

8.2 No Use of Documents After Termination. If any Feasibility Study, Feasibility Report or other document prepared by the Company under this Master Agreement is terminated, in whole or in part, by the Customer prior to completion of the installation of any ECO, or the Customer chooses not to proceed with the implementation of an ECO as set forth herein, then the Customer shall not be entitled to use any such document for any purpose whatsoever, and the Customer shall promptly return all originals, copies, discs, and other forms of data to Company. To the extent that the Customer fails to comply with its obligations under this Section 8.2 and Company incurs damages, Customer shall indemnify and hold Company harmless with respect to all claims, actions, liabilities and costs (including reasonable attorneys' fees and costs of litigation) arising out of any unauthorized use by the Customer.

ARTICLE 9- INSURANCE

9.1 Insurance to Be Maintained by the Company. At any time that the Company is performing Services under this Master Agreement at any Customer Service Location, the Company shall keep and maintain, with insurers of recognized responsibility, the following insurance, which shall include the coverages and limits set forth below:

9.1.1 Worker's Compensation Insurance covering all of the Company's employees as required by law;

9.1.2 Commercial General Liability Insurance, including contractual liability, premises and operations, broad-form property damage, products/completed operations, independent contractor, and personal injury coverages, with a limit of not less than $1,000,000 for each occurrence, combined single limit;

9 .1.3 Commercial Automobile Liability Insurance, including coverage for liability arising out of the use of owned, non-owned, leased or hired automobiles, for both bodily injury and property damage in accordance with state legal requirements, having not less than $1,000,000 combined single limit per occurrence. Anything to the contrary notwithstanding, the Company may self insure any requirement of this Section 9 .I; and

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9.1.4 The Company does not maintain errors or omiSSIOn coverage and is self funded for claims based on errors and omissions as well as business-related automobile insurance. Upon request by the Customer, the Company will provide the Customer with a copy of the fmancial statements of its parent company, FPL Group, Inc.

The Company will endeavor, using its commercially reasonable efforts, to secure the General Commercial Liability Insurance coverage set forth in Section 9 .1.2 above from its Subcontractors.

9.2 Customer Insurance. During and throughout .the term of this Master Agreement and until all amounts payable to the Company pursuant to this Master Agreement are paid in full, the Customer shall maintain, as of the date of installation of each ECO, (i) comprehensive property insurance, including all risk physical damage insurance, on each ECO with replacement cost coverage; and (ii) comprehensive liability insurance for bodily injury, death, and property damage in the amount of $1,000,000 with coverage in excess of the $100,000 or $200,000 waiver of sovereign immunity provided for in Section 768.28(5), Florida Statutes, and the indemnity obligation of Customer shall extend up to but shall not exceed the higher limits of such insurance. The Company shall be named as an additional insured and as a lost payee as it relates to Customer's comprehensive liability insurance policy up to the limits of the Customer's liability under Section 1 0.1.2 of this Master Agreement and policy shall be endorsed to be primary to any insurance maintained by the Company; provided, however, nothing herein shall be deemed to have waived any defense of sovereign immunity beyond what the Customer is permitted to assume in accordance with Section 768.28, Florida Statutes. The Customer shall provide the Company and its assignees with insurance· certificates which provide evidence of the insurance coverage under this Master Agreement, in form and substance reasonably satisfactory to the Company and its assignees. Such certificates shall provide at least twenty (20) days prior written notice of cancellation or material change, with the exception of ten (1 0) days for nonpayment of premiums, to each additional insured and loss payee named therein.

ARTICLE 10- INDEMNIFICATION

10.1 Personal Injury/Propertv Damage Indemnitv Obligations.

10.1.1 Company's Indemnitv Obligation. The Company shall hold and save the Customer, and its respective officers and employees harmless against liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Company and persons employed or utilized by the Company in the performance of the Services under this Master Agreement. Notwithstanding the foregoing, the Company's indemnification and hold harmless obligation under this Section 1 0.1.1 shall (i) be limited to Two Million Dollars ($2,000,000) per occurrence, and (ii) not include any liabilities, damages, losses, and costs arising from any negligent act, error or omission of the c~_stomer, its employees or agents.

1 0.1.2 Customer's Indemnity Obligation. The Customer agrees to be fully responsible and liable to the extent provided by Section 768.28, Fla. Stat., for the negligent acts or omissions of the Customer, its employees and agents and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of the Customer's sovereign immunity. Nothing herein shall be construed as consent by the Customer to be sued by third parties in any manner arising out of this Master Agreement.

10.2 Employee Claims. In any and all claims against a Party, its affiliates or contractors and their respective directors, partners, shareholders, officers, agents and employees (collectively, the "Indemnitee") by an employee of the other Party (the "Indemnitor") or of anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations stated in Section 10.1 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the indemnifyirig Party under any applicable worker's compensation law, disability law, or other employee benefit law.

10.3 Defense of Claims. An Indemnitor shall have the right to defend an Indemnitee by counsel (including insurance counsel) of Indemnitor's selection reasonably satisfactory to the Indemnitee, with respect to

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any claims within the indemnification obligations hereof. The Parties shall give each other prompt written notice of any asserted claims or actions indemnified against hereunder and shall cooperate with each other in the defense of any such claims or actions. No Indemnitee shall settle any such claims or actions without prior written consent of the Indemnitor.

1 0.4 Payment. In the event that either Party is required to make an indemnity payment under this Article 10, such Party shall promptly pay the Indemnitee the amount so determined. The amount owing to the Indemnitee shall be the amount of such Indemnitee's aetna! out-of-pocket loss or expense, net of any insurance or other recovery paid to such Indemnitee. If there should be a dispute as to the amount or manner of determination of any indemnity obligation, the Indemnitor shall nevertheless pay when due such portion, if any, of the obligation as is not subject to dispute. Upon the payment in full of any claim, the Indemnitor making payment shall be subrogated to the rights of the Indemnitee against any person with respect to the subject matter of such claim.

10.5 Survival. The obligations of the respective Parties under this Article 10 shall survive the termination or expiration of this Master Agreement with respect to any claims or liability arising prior to such tennination.

ARTICLE 11- HAZARDOUS MATERIALS

The Customer shall have sole responsibility and liability with respect to the proper identification, removal and disposal of any hazardous materials (e.g., asbestos) or correction of any hazardous condition at a Service Location which affects the Company's performance of the Services under this Master Agreement. If, during the course of performing the Services, the Company becomes aware of any such hazardous materials or hazardous condition, the Company shall promptly report such matter to the Customer and before distnrbing (or further distnrbing) such materials or condition. Work in the affected areas shall be resumed by the Company only upon the written notice from the Customer that such materials have been removed or such condition has been corrected, and then only if such continuation of work shall not violate any applicable law or permit. The Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the Company and its Subcontractors with respect to any liability, cost or expense of whatever natnre incurred as a result of any such hazardous materials or hazardous condition.

ARTICLE 12- TITLE, RISK OF LOSS, SECURITY INTEREST AND TAXES

12.1 Passage of Title. Upon the Company's receipt of full payment for Services performed under each Implementation Services Authorization Form, legal title to each installed ECO, including all equipment and

. materials comprising a part thereof, shall pass to the Customer upon the Substantial Completion Date for the ECO. The Company agrees to use reasonable measures to prevent damage or risk of loss of any ECO located at a Service Location. Notwithstanding anything contained herein to the contrary, the Customer shall bear all risk of loss or damage of any kind with respect to all or any part of an ECO located at a Service Location, whether installed or not, and the Customer shall hold the Company harmless from and pay for the repair or replacement of any ECO or component thereof stolen, lost, destroyed or damaged at a Service Location, unless such loss or damage is directly caused by the Company or an Subcontractor retained by the Company. Loss or damage to an ECO directly caused by the Company or its Subcontractor shall be the responsibility of the Company. The Customer hereby releases and waives, and will cause its insurers to release and waive, any right of subrogation against the Company and each of its Subcontractors.

12.2 Warrantv of Title. The Company warrants good title to all ECO's and components thereof furnished or installed by the Company or its Subcontractors, and the Company warrants that title to such ECO's and components shall pass to and vest in the Customer as set forth in Section 12.1 free and clear of all liens, claims, charges, security interests, encumbrances and rights of other parties arising as a result of the actions or failure to act of the Company, its Subcontractors, or their employees.

12.3 Taxes. The Customer agrees to pay any taxes and assessments, whether real or personal, which are now or hereafter imposed or assessed by any governmental authority, whether it be federal, state or local, with

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respect to the installation, delivery, sale, use, operation or maintenance of the ECO's, and to make all filings in respect of any such taxes and assessments. The Company shall have no obligation or liability with respect to any property tax nor with respect to any income, excess profits, or revenue tax charged or levied against the Customer as a result of this Master Agreement. Except as otherwise provided under Section 12.4, the Company shall pay any sales and use taxes imposed on the ECO's prior to the Company's delivery or installation of the ECO's, as required by applicable law, subject to any sales and use tax exemptions available to the Company and the Customer.

12.4 Direct Purchase Procedure.

12.4.1 Administrative guidelines governing the taxability of materials purchased for public works contracts, such as the Services under this Master Agreement, are contained in Rule 12A-1.094, Florida Administrative Code.

12.4.2 The exemption in Florida Statutes Section 212.08(6) is ageneral exemption for sales made directly to the Customer, who is a State of Florida governmental entity. A determination whether a particular transaction is properly characterized as an exempt sale to a governmental entity such as the Customer or a taxable sale to or use by a contractor such as the Company shall be based on the substance of the transaction, rather than the form in which the transaction is cast. The determination of whether the substance of a particular transaction is a taxable sale to or use by a contractor such as the Compariy or an exempt direct sale to a governmental entity such as the Customer, based on all of the facts and circumstances surrounding the transaction as a whole, is ultimately made by the Florida Department of Revenue.

12.4.3 The conditions that must be met to satisfy the requirements of Rule 12A-1.094, Florida Administrative Code, and establish that the Customer rather than the Company is the purchaser of materials, include:

12.4.3.1 The Customer must execute the purchase orders for the tangible personal property involved in the contract, which must include the Customer's consumer certificate of exemption number. The Company may present the Customer's purchase orders to the Vendors of the tangible personal property;

12.4.3.2 The Customer must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the Service Location until the time it is incorporated as real property;

12.4.3.3 Vendors must directly invoice the governmental entity for supplies;

12.4.3.4 The Customer must directly pay the Vendors for the tangible personal property; and

12.4.3.5 The Customer must assume all risk of loss or damage for the tangible personal property involved in the contract, as indicated by the Customer's acquisition of, or inclusion as the insured party under, insurance on the building materials.

ARTICLE 13 - FORCE MAJEURE

If a Party is prevented or delayed in the performance of any such obligation by a Force Majeure Event, such Party shall immediately provide notice to the other Party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The Party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. Notwithstanding the foregoing, the occurrence of a Force Majeure Event shall not relieve the Customer is payment obligations for Services rendered set forth in Article 3, Feasibility Study and Report and Article 4, Installation and Implementation.

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ARTICLE 14- CHANGES

Upon receiving such a request, the Company may at its sole option prepare and deliver a proposed Change Order to the Customer listing the price of the Changes. If the Customer fails to return an executed Change Order, a sample copy of which is attached to this Master Agreement as Schedule E, the Company shall have no obligation to complete the Changes. A Change also may result from any failure of the Customer, or its representatives or agents, to fulfill its obligations hereunder, which failure materially adversely affects the Company's cost, schedule or performance under this Master Agreement. Should any Change cause a material increase or decrease in the cost of or time required for the Company's performance, or otherwise affect any provision of this Master Agreement, the Company may propose an appropriate adjustment. The Company shall not be obligated to proceed with or perform any Change requested by the Customer hereunder until the Parties have agreed in writing upon any such adjustments resulting from the Change. Except to the extent a Change specifically results in an amendment or adjustment to one or more provisions of this Master Agreement, all provisions of this Master Agreement shall apply to all Changes, and no Change shall be implied as a result of any other Change.

ARTICLE 15- TERMINATION AND DEFAULT

15.1 Termination for Convenience. Either Party may terminate this Master Agreement, in its sole discretion, at any time, without further liability, upon ten (10) days prior written notice to the other Party; provided, however, that such termination shall not apply with respect to any Services or work of the Company previously ordered by the Customer under an Authorization Form executed by the Customer on or prior to the termination date. With respect to any such previously ordered Services or work, including any previously implemented ECO or ECO under implementation, this Master Agreement and the applicable Customer-authorized proposals, shall remain in full force and effect in accordance with their terms, unless both Parties specifically agree in writing to the contrary.

15.2 Termination for Cause.

15.2.1 Termination by Either Partv for Default. . A Party shall have the right to terminate this Master Agreement or a Customer-authorized Implementation Services Authorization Form for cause if: (a) any proceeding is instituted against a Party seeking to adjudicate such Party as bankrupt or insolvent, or if such Party makes a general assigmnent for the benefit of its creditors, or if a receiver is appointed on account of the insolvency of such Party, or if a Party files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up or composition or readjustment of debts and, in the case of any such proceeding instituted against such Party (but not by such Party) such proceeding is not dismissed within sixty (60) days of such filing; (b) the Customer fails to perform any payment obligation under this Master Agreement and fails to cure such obligation within te11 (10) days written notice from the Company; or (c) a Party substantially fails to perform any non-payment obligation under this Master Agreement and fails to cure or commence and diligently proceed to cure such obligation within thirty (30) days written notice from the other Party. Subject to Article 6, in the case of such a termination by a Party, to the extent that the reasonable and necessary costs of completing any Services previously ordered by the non-defaulting Party under this Master Agreement, including compensation for obtaining a replacement contractor or for obtaining additional professional services required as a consequence of the defaulting Party's breach, exceed those costs which would have been payable to the defaulting Party but for the defaulting Party's breach, the defaulting Party shall pay the difference to the non-defaulting Party. The Customer shall pay the Company an amount (to the extent not already paid) equal to the sum of all of the Company's reasonable costs incurred in performing the Services up to the termination date, including all costs incurred with respect to any Subcontractors; provided that the Company makes available to the Customer all of the work product, equipment and materials produced or obtained by the Company in performing such Services (except any and all intellectual property of the Company or third parties).

15.2.2 Payment. All amounts payable by either Party pursuant to Sections 15.1 and 15.2 shall be due within thirty (30) days following the submission by the other Party of an invoice therefor, which invoice shall include in reasonable detail an itemization of costs with respect to any amounts measured on the basis of reimbursable costs. Reimbursable costs also shall be subject to audit by the other Party, at the other Party's expense upon reasonable advance notice; provided that such audit shall be completed within sixty (60) days following the

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submission of the invoice. Amounts not paid by either Party to the other when due hereunder shall bear interest, from the date payment was due to and including the date of payment at the Delayed Payment Rate.

ARTICLE 16- DISPUTES

16.1 No Set-Off. Anything to the contrary notwithstanding, all payments under this Master Agreement shall be made without set-off or deduction. Any payment not made by the date required by the Master Agreement shall bear interest from the date on which such payment was due and payable through and including the date such payment is actually received at the Delayed Payment Rate. If, as a result of a Dispute settled in favor of Customer, a refund is owed to Customer, then the amount of the ove1payment shall bear interest from the date on which such payment was received by the Company through and including the date that the overpayment is refunded by the Company at an annual rate equal to the Delayed Payment Rate.

16.2 Pendency of Dispute. The existence of any Dispute, controversy or claim under this Master Agreement, or the pendency of the Dispute settlement or resolution procedures set forth in this Master Agreement, shall not in and of themselves relieve or excuse either Party from its ongoing duties and obligations hereunder or thereunder.

16.3 Alternative Dispute Resolution Process. Upon the written request of either Party, the Parties will meet for the purpose of resolving such Dispute. The Parties agree to discuss the problem and negotiate in good faith to attempt to resolve the Dispute. No formal proceedings may be commenced until either Party concludes in good faith that resolution of the Dispute through continued informal negotiations does not appear likely. Disputes that cannot be settled to in a manner described via informal discussions may be settled, but shall not be obligated to, mutually agree to non-binding mediation. Mediation must occur within twenty (20) business days after the Parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one(!) business day. The Parties shall mutually select an independent mediator experienced in commercial information system contract disputes, and each Party shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the Dispute. The specific format of the mediation shall be left to the discretion of the mediator and the designated Party representatives.

ARTICLE 17- ASSIGNMENT

17.1 Master Agreement Binding. This Master Agreement and each Customer-authorized Feasibility Study and implementation of a Feasibility Report pursuant to a Customer-authorized Implementation Services · Authorization Form entered into by the Parties shall be binding upon, and shall inure to the benefit of, the Parties and their successors and permitted assigns.

17.2 Permitted Assigmnent. (a) The Customer may not assign this Master Agreement without the prior written consent of the Company. No such assignment by the Customer or consent by the Company to the Customer's assigmnent shall release the Customer of any of its obligations under this Master Agreement or any associated supplements or Schedules. (b) The Company may, without notice to the Customer, assign this Master Agreement, any supplements, or Schedules, and any of the Company's rights hereunder or thereunder (i) in the event of a merger, acquisition or divestiture, the Company may assign to an entity or individual acquiring greater than fifty percent (50%) of the assets or voting securities of the Company and provided such assignee assumes the Company's obligations under this Master Agreement and the Company provides the Customer of such assignment and assumption, or (ii) to a third party fmancing institution upon notice to the Customer. Notwithstanding such assigmnent, the Company shall remain liable and responsible to the Customer for all of the Company's obligations and other performance requirements set forth in this Master Agreement and all exhibits, appendices, Schedules, supplements, and attachments hereto. No assignee shall be responsible for any obligations of the Company unless and until the Customer receives express written notice from such assignee which expressly states that such assignee has assumed the obligations of the Company, and assumption of any of the Company's obligations shall not bind any other assignee unless such assignee also expressly assumes such obligations in a written notice issued to the Customer. Any assignee shall have the right (but not the obligation) to cure any default or breach by the Company of its obligations to the Customer in accordance with the terms of this Master Agreement. No curing of any defaults or breaches by any assignee shall be construed as an assumption by any assignee of any of the obligations,

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covenants, or Master Agreements of the Company. (c) Any assignment which does not comply with the provisions of this Section 17.2 shall be null and void.

17.3 No Third Partv Beneficiaries. Except as otherwise expressly provided herein, this Master Agreement nor any term or provision or obligation arising hereof or hereunder, shall be construed as being for the benefit of any Party not a signatory hereto.

17.4 Timing of Receipt. Notices sent by mail shall be given as of four (4) business days after the date of the postmark, and notices delivered by overnight courier shall be deemed received on the date when left at the address of the recipient. Notices sent by fax shall be effective the date faxed, if a business day, or the following business day otherwise.

ARTICLE 18- GENERAL PROVISIONS

18.1 Entire Master Agreement. This Master Agreement, including the Schedules attached hereto and any exhibits attached thereto, sets forth the full and complete understanding of the Parties relating to the subject matter hereof as of the Effective Date, and supersedes any and all negotiations, agreements and representations made or dated prior hereto with respect to the subject matter of this Master Agreement. Any actions or Services described in this Master Agreement which were performed or implemented by the Parties prior to the Effective Date shall for all purposes be deemed to have been performed under this Master Agreement.

18.2 Amendments. No change, amendment or modification of this Master Agreement or Schedule or exhibits thereto shall be valid or binding upon the Parties unless such change, amendment or modification shall be in writing and duly executed by both Parties.

18.3 Status of the Parties. The Company and its Subcontractors shall be independent contractors with respect to the Services performed hereunder irrespective of whether such Subcontractors are approved by the

. Customer, and neither the Company nor its Subcontractors, nor the employees of either, shall be deemed to be the employees, representatives or agents of the Customer. Nothing in this Master Agreement shall be construed as inconsistent with the foregoing independent contractor status or relationship, or as creating or implying any partnership, joint venture, trust or other relationship between the Company and the Customer.

18.4 Customer & Company. The Parties hereby represents and warrants to the other Party that (i) the execution and delivery by a Party of this Master Agreement and the performance of its obligations hereunder have been duly authorized by all requisite actions and proceedings; are not inconsistent with and do not and will not contravene any provisions of a Party's organizational documents or any applicable law, rule or regulation; have been approved by all necessary persons or entities; and do not and will not conflict with or cause any breach or default under any agreement or instrument to which a Party is a party or by which it or any of its properties is bound; and (ii) this Master Agreement has been duly executed and delivered by the Parties and constitutes the valid and legally binding obligation of each Party, enforceable against the other Party in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and subject to general equitable principles.

18.5 Drafting Interoretations and Costs. Preparation and negotiation of this Master Agreement has been a joint effort of the Parties and the resulting docmnent shall not be construed more severely against one of the Parties than against the other. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating and fmalizing this Master Agreement.

18.6 Captions. The captions contained in this Master Agreement are for convenience and reference only and in no way defme, describe, extend or limit the scope or intent of such document or the intent of any provision contained therein.

18.7 Severabilitv/Divisible Contracts. (a) The invalidity of one or more phrases, sentences, clauses, Sections or Articles contained in this Master Agreement shall not affect the validity of the remaining portions thereof so long as the material purposes of such document can be determined and effectuated. (b) Each Customer-

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authorized proposal for Services under this Master Agreement shall constitute a separate and divisible contract which the Company may assign to one or more assignees, in whole or in part, and each and every such assignee of the Company shall be entitled to the benefits and rights of the Company under this Master Agreement, and shall be entitled to exercise the rights of the Company under this Master Agreement. No assignee shall be responsible for any obligations of the Company except as expressly assumed in writing by such assignee in accordance with the terms and conditions of Section 17.2.

18.8 Further Assurances. The Company and the Customer each agree to do such other and further acts and things, and to execute and deliver such additional instruments and documents, as either Party may reasonably request from time to time whether at or after the execution of this Master Agreement, in furtherance of the express provisions of this Master Agreement.

18.9 Applicable Law and Venue. This Master Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions. Any disputes resulting in litigation between the Parties shall be conducted in the state or federal courts of the State of Florida. Proceedings shall take place in the Circuit Court for Indian River County, Florida or the United States District Court for the Southern District of Florida.

18.10 Counteroarts. This Master Agreement may be signed in any number of counterparts and each counterpart shall represent a fully executed original as if signed by both Parties.

18.11 Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH TillS MASTER AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, OR STATEMENTS WHETHER ORAL OR PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS MASTER AGREEMENT.

18.12 No Waiver. The failure of a Party to enforce, insist upon, or comply with any of the terms, conditions or covenants of this Master Agreement, or a Party's waiver of the same in any instance or instances shall not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same shall be and remain at all times in full force and effect.

18.13 Notices. All notices, demands, offers or other written communications required or permitted to be given pursuant to this Master Agreement shall be in writing signed by the Party giving such notice and shall be mailed by U.S. Mail, postage prepaid, via courier or faxed as follows:

If to the Company: FPL Energy Services, Inc. 6001 Village Boulevard West Palm Beach, Florida 33407 Fax: (561) 681-3088 Tel.: (561) 681-3079 Attention: DAC Manager Engineering & Construction

If to the Customer: Indian River County Attn: Lynn Williams, Facilities Manager 1801 27"' Street, Vero Beach, FL 32960-3365 Phone: (T/2) 226- 3491 Facsimile: (772) 226-3495

Each Party shall have the right to change the place to which notices shall be sent or delivered or to specify additional addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in: like manner to the other Party.

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IN WITNESS WHEREOF, the Parties hereto have executed this Master Agreement by and through their duly authorized representatives as of the Effective Date.

Authorized By the Company: FPL Energy Services, Inc., a Florida corporation

BY: ________ _ NAME: Gregory T. Hanlon TITLE: Vice President & General Manager DATE: _________ _


By __________ _ Deputy Clerk

Authorized By the Customer: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By: __________ _ Sandra L. Bowden, Chairman

Approved by BCC August 19, 2008 Approved:

Approved as to form and legal

Marian E. Fell Senior Assistant County Attorney

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- ATTORNEY'S MATTER: 8/19/08 /3A - _ Cjfoeof -INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Senior Assistant County Attorney George A Glenn, Assistant County Attorney

MEMORANDUM

TO: The Board of County Commissioners 1 AJ FROM: -Joe William G. Collins II- County Attorney Jj.JW DATE: . August 11,2008

SUBJECT: Value Adjustment Board Citizen Appointee

Due to the recent changes made by the Legislature to the Value Adjustment Board, it is necessary for the Board to appoint a resident of Indian River County who owns property in the county and claims that property as his homestead. The position for the Value Adjustment Board citizen appointee was advertised on both the County and Clerk web sites. Two applications have been received by the Clerk to the Board. Upon review of the applications, both candidates meet the statutory requirements to serve on the Value Adjustment Board.

RECOMMENDATION:

Select from among the two applicants for the citizen position on the Value Adjustment Board.

WGC/nhm attachments: 2 applications

cc: Maria Suesz Duane Weise Christopher Harrigan

Indian Rivfl Co.

Admin.

Legal

Budget

Dept

Risk Mgr.

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Name: D iJ a 77 e

Address: f! 1 R .6-V'e,..~

VALUE ADJUSTMENT BOARD CITIZEN MEMBER

APPLICATION FORM

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3. Contact Numbers A. Phone

1 H 7 .~1~~~-~bi~~~t-...:O~l~~~f ____ _ . orne:_ o ~ Office: _________________ __

3. Cell:

B. Fax:

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h!Ce?l H J RefJ./ JS':st•tfl: r Bv•i-reY t-n Ej,zo dv tJ·r/t!rhr:- c) 4. Background Information: 'f V e f:Y5 ., tfem b <? >" 'fa7<. Ff :Si5!:: '6 'StJV &<!t' d- . J $. ee

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6. Indian River County resident since _.5::,:e'4<'-'r,.:..~ .....::;:?::,;P:.:O~/'----,-------7.

8.

"I affirm that 1 am a resident of Indian River County; that I own hOI!Ie$tead property in Indian River County; that I am not a member of nor an employee of a taxing authority; and that 1 do not now, nor have I in the past, representee! property owners in administrative or judicial review of property taxes."

Signature

QCJqne fV). }1/bJJ$e Printed Name

Note: Submit application by August 12, 2008 to:

Marla Suesz, Supervisor As Clerk of the Value Adjustment Board County Administration Building A Clerk to the Board Office 1801 27"' Street Veto Beach, FL 32960 Phone: 772-226-1436 Fax: 772-978-1857 E-Mail: [email protected]

255

EDUCATION: B.S. in Electrical Engineering- Univ. of Cincinnati ••• Electrical Engineering- Syracuse University :MBA - University of Chicago

PROFESSIONAL EXPERIENCE 25 Years Educational & Commercial TV. Mgr.ofEngr GE TV & CATV Division 30 Years Owner & President ofColl$trllction Corp., Atlanta, Ga. area 45 Years liceused Professional Engineer 30 Years liceused Real Estate Broker 12 Years member of SCORE as business cousultant 3+ Years WWII Vet- Atomic Aide assigned to Oak Ridge, Tenn. project Service on n:umerous Condominium, Town Homes & Subdivision Boards

COMMUNITY SERVICE Experience: Member of County Board of Tax .Assessors Vice Chairman, - Board of Adjustment and APPeals Chairman County Home Builders Advisory Board Vice-chairman, - Citizeus. Advisory Board to County Board Of Education Member of County Long Range Compreheusive Planning Committee Vice-chairman- County Economic Development Council Founder, - Madison Forum Group (a. citizens oversight organization) Advisor and co!lSultant to many elected officials Chairman- Professional Engineers Assn. of Chicago Member of Taxpayers Assn. oflndian River County Chairman- Republican precinct 208 of Indian River County Member of Executive Committee Indian River County Republican Party Member First Presbyterian Church, V ero Beach, Florida

256

AC# 3842477 STATE OF ~:'lORIDA

DEPARTMENT OF PROFESSIONAL ~~~M:~i~o~

&K3041574 07/03/os· 088001567

REAL ESTA'l'Ji;.:SROKER WEISE, i>!:!.!\NJi: MARTIN

IS· LICENSED under th~ proyision,s. q:f 9J;!._.-.475~.;fj!,~- ·-/ ~iration da'te: .SEP 3·0 1 20-10 ·LllB07;Qj02~j:78,J~1-·:]{C

. ·::::-:; ?'·~·

257

lJYl . -. ·-- ···- u. ______ --~-------·-···· -- ·-

llnant m. ll1r.ist

For Dedicated Service To

The !Employees And Members

Of The

Cobb County Board

Of Assessors And To The

Citizens Of Cobb County

Indian River County 2008 Curr Year Assessment vaca

31392600017000000033.0 Inq WEISE, DUANE MARTIN (LE) (1/2) Street Number Dr Name Unit City

8485 SEACREST DR Mail 8485 SEACRES~T~D~R~~~~--------------

VERO BEACH

VERO BEACH FL 32963 * * * * * * * Exemptions * * * * * * *

Year Percentage 0

Wholly Year Amount/Pet 0 0 0

Disability Year Amount 0 0 0

Disability Year Percentage 0 0 0

Widow(er) Year 0 0

Senior Hmstd Year Percentage 0 0 (More ... )

0/.l.~fVO .L.L•..:::o•v.L.

AP01090

Zip Code 32963

0 PROP20 Please enter the parcel or account number (or press desired function)

F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys

260

1.

2.

3. Contact Numbers A. Phone

1. 2. 3.

B. Fax:

VALUE ADJUSTMENT BOARD CITIZEN MEMBER

APPLICATION FORM

C. E-Mail: f.i.f?rjh>KJ!v;- Ha.rc& 9 ., @ ;;u}/"o,_,r:..-<-<.rS' f-.A, t. '-"J r 7

4. Background Information: - f-£r!Uhe-l' e&cu:k; c,_u...,? /.tJie,-·rah&/14 ¥e-et.f:--v= ,, '?~co L.o '&:vn c.&ry.::-:;.. MY

7.

8.

Pr<?.Pert_y Tax I. D. Number of my homestead property in Indian River County: 3<'5 ~9 1/ 00006 DUO 0602 o. 0

Oath;

"I affirm that I am a resident of Indian River County; that I own homestead property in Indian River County; that I am not a member of nor an employee of a taxing authority; and that I do not now, nor have I in the past, represented property owners in administrative or judicial review of property taxes."

Note: S•Jbmit application by August 12, 2008 to:

Maria Suesz, Supervisor As Clerk of the Value Adjustment Board County Administration Building A Clerk to the Board Office 1801 271

" Street Vero Beach, FL 32960 Phone: 772-226-1436 Fax: 772-978-1857· E-Mail: [email protected]

261

rndian River County 2008 Curr Year Assessment Data

33392200006012000020.0 'IARRIGAN, CHRISTOPHER Street Number Dr Name

1005 20TH AV ~ail 1005 20TH AV~E~~~--------------------

VERO BEACH FL 32960 * * * * * * * Exemptions * * * * * * * fiomestead Year Percentage

25 2008 0 Wholly Year Amount/Pet

0 0 0 Disability Year Amount

0 0 0 Disability .Year Percentage

0 0 0 Widow(er) Year

0 0 Senior Hmstd Year Percentage

Inq

Unit City VERO BEACH

0 0 (More ... )

8/22/08 22:37:35 AP02090

Zip Code 32960

0 I?ROP20 Please enter the parcel or account number (or press desired function)

F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F28=Scroll F24=More Keys

262

TO:

BCC AGENDA August 19, 2008

ITEM 14.A.1

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM



SUBJECT: Florida Manufacturing Extension Partnership

FROM: Commission Chairman, Sandra L. Bowden

Gene Lussier, Chairman of the Florida Manufacturing Extension Partnership (MEP) will be presenting the 5-year (2003 - 2008) Executive Summary of the Economic Impacts of the Florida MEP on the Florida Economy. (backup attached)

SLB/emc

263

The Economic Impacts of the Florida Manufacturing Extension Partnership Program

on the Florida Economy

5 Year Executive Summary (2003 -2008)

The Florida Manufacturing Extension Partnership (MEP) program is supported by the National Institute of Standards and Technology in the U.S. Dept. of Commerce and the state of Florida to help small- and medium-size manufacturers identify and implement advanced manufacturing and management technologies. Through a network of resources, the MEP links client firms with local and national sources of expertise to address specific problems. This study estimates the total economic contribution to the Florida economy from firms whose employment, sales,

or investment activity changed as a direct result of assistance provided by the Florida MEP.

Florida MEP clients are surveyed, by an independent third party survey company, to determine the economic impact resulting from their relationship with the MEP program. Clients are surveyed roughly one year after the completion of a project and asked a number of questions relating to changes in efficiency and output as well as questions relating to the quality of the MEP services they received. In Quarter 2 2003 through Quarter I 2008, 622 companies surveyed reported that, as a result of their relationship with the Florida MEP they have: 1

Created or retained 7,282 jobs that otherwise would not have existed Increased and retained $719.8 million in sales Spent $162.7 million on new investment Experienced $108.5 million in cost savings

The effects of this increased economic activity, extends beyond the client firms. Increased sales by Florida MEP client frrms require that they increase their purchases of intermediate goods and services from companies located in Florida and elsewhere to support their increased output. The supplying companies, in tnrn, generate additional demands of their owo. In this way, dollar expenditures for final demand can be traced backward to all of the affected industries in the regional economy. In addition, the income from new jobs generated by Florida MEP clients and the supplying frrm's results in increased demand for consumer goods. Each of these effects, in turn, generates subsequent ripples throughout the Florida economy. The sum of these direct, indirect, and induced effects suggests that small- and medium-size manufacturing companies that increased or retained jobs or sales and/or increased investments with assistance from the Florida MEP are responsible for: *

Creating or retaining 20,934 jobs that paid a total of $966.5 million in employee wages and benefits Increasing or retaining economic output worth $3.8 billion Contributing or retaining $1.5 billion of gross state product Generating or retaining $380.9 million in additional tax and non-tax revenues at the Federal, state, and local government levels, including $102.9 million at the state and local level

*No client is surveyed more than once in a 12 month period. Data is from 20 Quarterly Surveys, Quartt:r2 2003- Quarter 1 2008, which were conducted from July 2003 -May 2008. Clients are asked about impacts experienced over the past year. 2Reported impacts modeled using IMPLAN Pro version 2.0 software. All results, except tax and employment, are presented in 2006 dollars. Modeling procedures available upon request.

264

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

Date: August 13, 2008

To: Joseph A. Baird, County Administrator

Thru:

From:

Subject:

W. Erik Olson, Director of Utility Service~ .J) J Himanshu H. Mehta, P.E., Managing DirJc}trlsolid Waste Disposal District~~£{, Notice of Scheduled Public Hearing on September 9, 2008 to amend SWDD Rate ""1) Resolution

Please be advised that the following public hearing has been scheduled for the September 09, 2008, meeting of the Solid Waste Disposal District Board of Commissioners:

Adopt an Amendment to the SWDD Rate Resolution to implement proposed changes presented to the SWDD Board on August 12, 2008 in SWDD Agenda item 15B2 concerning rate differentials for certain categories of soils.

Indian River Co.

Administration

SWDD Director

Budget

Legal

SWDD - Agenda Public Hearing Contaiminated Soils (2).doc Page-l

265

DATE:

TO:

THRU:

THRU:

FROM:

SUBJECT:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

AGENDA ITEM

AUGUST 4, 2008

JOSEPH A. BAIRD COUNTY ADMIN~STRATOR/- ~

W. ERIK OLSO~t(\r\ ~ DIRECTOR O~Mfry SERVICES

IDMANSHU H. MEHTA, P.E., MANAGING DIRECTOR SOLID WASTE DISPOSAL DISTRICT

.p . ..,.,._.

DONNA C. STARCK, ASSESSMENT COORDINATOR, 0 SOLID WASTE DISPOSAL DISTRICT --tJ

2008 PETITION HEARING SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES

BACKGROUND The Solid Waste Disposal District annual assessment notices are scheduled to be officially dated and mailed by the Property Appraiser on August 20, 2008. Petitions may be filed by property owners who wish to contest their assessment with the Solid Waste Disposal District Board within 25 days of the date ofthe assessment notice. Petitions for this year must be filed by 5:00 p.m. on September 15, 2008.

A SWDD petition hearing must be scheduled to hear all petitions no earlier than 30 days and no later than 60 days after the day the notices are mailed. The optimum period for scheduling the Solid Waste Disposal District Board Petition Hearing is during the period from October 15, 2008 to October 20, 2008.

RECOMMENDATION SWDD staff requests the SWDD Board review this matter and schedule the SWDD Petition Hearing at a time and date during the period of October 15, 2008 - October 20, 2008. Staff recommends scheduling the 2008 SWDD Petition Hearing on October 16, 2008 at 9:00 a.m. in the Indian River County Administration Complex, Building A, County Commission Chamber.

APPROVED FOR AGENDA

/56L

Indian River Co. Approved Date

SWDD Directo

Budget

Legal

Administrator

F:\SWDD\Donna Starck\donna's files \Donna's Agenda Items\2008\A.genda Item- 2008 Petition Hearing.doc

266

County Commission meeting agenda 08/19/08

Documents

Transcript of County Commission meeting agenda 08/19/08