Indian River County Board of County Commissioners meeting ...

August 12, 2008 of 10

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

Pastor Roger Ball, Immanuel Church

3. PLEDGE OF ALLEGIANCE

Commissioner Wesley S. Davis, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Diamond R. Litty, Public Defender, 19th Circuit Public Defender’s Office

B. Presentation of Proclamation Designating the Month of August, 2008 as Cigarette Litter Prevention Month 1

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, AUGUST 12, 2008 - 9:00 A.M.

August 12, 2008 of 10

6. APPROVAL OF MINUTES

A. Regular Meeting of June 10, 2008

B. Regular Meeting of June 17, 2008

C. Special Call Joint Meeting, June 19, 2008

Interlocal Agreement/ISBA

D. Regular Meeting of July 1, 2008

E. Regular Meeting of July 8, 2008

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT

REQUIRING BOARD ACTION

A. Member-at-Large Appointee Vacancy on Land Acquisition Advisory Committee (memorandum dated July 22, 2008) 2

B. Sebastian River Area Chamber of Commerce Appointment to the Economic

Development Council (memorandum dated July 24, 2008) 3-4

C. 2008 Election of School Planning Citizens Oversight Committee Chairman

and Vice Chairman (memorandum dated July 31, 2008) 5

D. 2008 Election of Affordable Housing Advisory Committee (AHAC)

Chairman and Vice Chairman (memorandum dated July 14, 2008) 6

E. Resignation of Business in Enterprise Zone Appointee to Enterprise Zone

Development Agency (memorandum dated July 14, 2008) 7-8

8. CONSENT AGENDA

A. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund (memorandum dated July 16, 2008) 9-10

August 12, 2008 of 10

8. CONSENT AGENDA PAGE

B. Increase Capitalization Threshold for Capital Assets (memorandum dated August 1, 2008) 11

C. Indian River County Investment Advisory Committee, Quarterly Investment

Report for the Quarter Ending 6/30/08 (memorandum dated August 1, 2008) 12-24

D. Approval of Warrants – July 3, 2008 thru July 10, 2008

(memorandum dated July 10, 2008) 25-31

E. Approval of Warrants – July 11, 2008 thru July 17, 2008 (memorandum dated July 17, 2008) 32-39

F. Approval of Warrants – July 18, 2008 thru July 24, 2008


G. Approval of Warrants – July 25, 2008 thru July 31, 2008 (memorandum dated July 31, 2008) 49-55

H. Approval of Bid Award for IRC Bid # 2005051 IRC Animal Control Case

Management Software (memorandum dated July 24, 2008) 56-67

I. Approval of Renewal of the 800 MHz Communications System

Infrastructure Maintenance Contract with Communications International, Inc. (memorandum dated July 29, 2008) 68-93

J. Work Order No. 11 (Engineering/Survey) Full & Final Pay, CR510 & US

Highway No. 1 Intersection Improvements Project Right-of-Way & Land Acquisition “Eldell: Parcel Boundary Survey, Carter Associates, Inc., IRC Project No. 0610, Continuing Professional Surveying & Mapping/GIs Services Contract 0725 (memorandum dated July 8, 2008) 94-95

K. Eagle Trace Subdivision – Phase 2 – Project #0813, Dunkelberger

Engineering & Testing, Inc., Work Order #4 – Release of Retainage & Final Pay (memorandum dated July 15, 2008) 96-98

L. Miscellaneous Budget Amendment 017


August 12, 2008 of 10


M. Resolution Requesting Assistance from State of Florida Beach Erosion Control Program (memorandum dated July 16, 2008) 110-111

N. Local Option Gas Tax Distribution Percentages


O. Approval of Bid Award for IRC Bid No. 2008058, Demolition of Five (5) Condemned Structures (memorandum dated July 22, 2008) 114-121

P. Approval of Renewal for a Class “A” Certificate of Public Convenience and

Necessity for Indian River County Department of Emergency Services (memorandum dated July 14, 2008) 122-143

Q. Ratification of Documents Executed by the County Administrator or

Designee, on Behalf of the Board of County Commissioners, under authority of Resolution No. 2008-096, between July 16, 2008, and August 11, 2008 (memorandum dated August 5, 2008) 144-149

R. Peter R. Tyson and Jeanne Myers Tyson’s Request for Release of an

Easement at 2105 Island Drive (Lot 12, Replat of St. Christopher Harbor) (memorandum dated July 31, 2008) 150-155

S. Updated Investment Policy – two minor changes

(memorandum dated August 1, 2008) 156-158 T. Civil Engineering and Land Surveying Agreement for CR 510 from 61st

Drive to Shore Lane – Amendment No. 4 (memorandum dated July 11, 2008) 159-172

U. CR 512 Phase IV, IRC Project No. 9611B, Bid Number 2008012, Change

Order No. 1 (memorandum dated August 5, 2008) 173-177

V. Resolution Cancelling Taxes on Property Acquired by the City of Fellsmere

for Alternate Access to Fellsmere Trailhead Preserve (memorandum dated July 21, 2008) 178-184

W. Scrivener’s Error in Resolution No. 90-160

(memorandum dated August 4, 2008) 185-192

August 12, 2008 of 10


X. Dedication of Submerged Lands Located in Porpoise Bay, Unit 3, Moorings Subdivision (memorandum dated July 23, 2008) 193-200

Y. Resolution for Appointment of “At Large” Members to Advisory

Committees (memorandum dated July 18, 2008) 201-203

Z. Release of Retainage and Final Payment to S.P.S. Contracting, Inc. CR510

Force Main Replacement UCP-2871 (memorandum dated July 25, 2008) 204-210

AA. Work Order No. 4 for Professional Services with G. K. Environmental, Inc.

for CR510 from 61st Drive to Shore Lane (memorandum dated July 28, 2008) 211-216

BB. Approval of Lease with Boys and Girls Club of Indian River County, Inc. for

County Property on 17th Avenue (memorandum dated August 4, 2008) 217-229

CC. The Moorings Club Request for County 25% Cost Share to Construct

Harbour Drive Sidewalk (memorandum dated July 31, 2008) 230-231

DD. Approval of Renewal for a Class E1 Certificate of Public Convenience and

Necessity for The Place at Vero Beach, Inc. to Provide Non-Emergency Wheelchair Services (memorandum dated August 4, 2008) 232-251

EE. Addendum No. 1 to the Professional Engineering Agreement with Masteller

& Moler, Inc. – Services for Design and Permitting of 17th Lane S.W. from 27th Avenue East Approximately 900 LF – IRC Project No. 0803 (memorandum dated August 5, 2008) 252-257

FF. Fellsmere 392 Developer’s Agreement for Developer Contributions to

Roadway Improvements on County Road 512 (memorandum dated August 7, 2008) 258-275

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

August 12, 2008 of 10

10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS

1. PLC LLC’s Request to Rezone ± 2.61 Acres from CH to CG (memorandum dated July 15, 2008) 276-311

Quasi-Judicial

B. PUBLIC DISCUSSION ITEMS

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

1. Request to Speak from Ardra Rigby Regarding Recycling Decision 312

2. Request to Speak from William Rigby Regarding Decision made on

Recycle and Waste on July 15, 2008 313 3. Request to Speak from Brian Kofke Regarding Cameras at Traffic

Lights 314

4. Request to Speak from Sandra Blakley, Dog Kidz Country Daycare

& Boarding, Regarding Application of Kennel Set Backs to Non-Kennel Portion of Property 315

5. Request to Speak from Dr. Stephen J. Faherty, Sr. Regarding

Support for County Resolution on Electric Utility Referendum 316

6. Request to Speak from Bill Glynn, President, North Beach Civic Association, Regarding Condemnation and Removal of Unsafe Residential Structure located at 9856 Doubloon Drive, Summerplace 317

7. Request to Speak from Charlie Wilson, Media Arts Group,

Representing Imagine Schools Regarding Proposed Site Plan Condition Amendment 4th Street Left Turn Lane 318

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing – August 19, 2008 Pointe West of Vero Beach, Ltd.’s Request to Modify the Approved Planned Development (PD) Conceptual Plan for Pointe West (memorandum dated August 4, 2008) 319

Legislative

August 12, 2008 of 10

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Condemnation, Demolition and Removal of Unsafe Structures

(memorandum dated August 1, 2008) 320-332

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

1. City of Vero Beach Utility Referendum – Requested Actions (memorandum dated July 29, 2008) 333-339

H. Recreation

None

I. Public Works

1. Right-of-Way: Acquisition of Right-of-Way for County Road Projects (memorandum dated August 5, 2008) 340-347

August 12, 2008 of 10

12. DEPARTMENTAL MATTERS PAGE

J. Utilities Services

1. Consulting Services Work Order No. 7 with Schulke, Bittle & Stoddard, L.L.C. for Permitting, Design and Construction Services for a Water Main Extension on 77th St. UCP-3086 (memorandum dated August 1, 2008) 348-354

2. Approval of First Amendment to Developer’s Agreement and First One-Fifth Payment to Woodside Tuscany, LLC DBA Woodside Homes Southeast Florida per Developer’s Agreement for Offsite 24-Inch Master Planned Water Main (memorandum dated July 16, 2008) 355-359

3. Work Order No. 10 with Camp Dresser and McKee, Inc. – Wellfield Maintenance and Management Services for North and South County RO Water Treatment Plants (memorandum dated August 1, 2008) 360-368

4. West Wabasso Community Water Project – Phase II, Tim Rose

Contracting, Inc., Final Payment (memorandum dated August 5, 2008) 369-374

5. Royal Oak Mobile Home Park 4” Compound Master Water Meter,

UCP No. 3082 (memorandum dated July 30, 2008) 375-382

13. COUNTY ATTORNEY MATTERS

A. Acquisition of Right-of-Way Along 66th Ave. Encumbered by Murphy Reservations (memorandum dated July 28, 2008) 383-385

B. Necessity of Take Resolution for a Parcel of Property Located on 16th Street

between 66th and 74th Avenue (memorandum dated August 1, 2008) 386-400

14. COMMISSIONERS ITEMS

A. Commissioner Sandra L. Bowden, Chairman

None

B. Commissioner Wesley S. Davis, Vice Chairman

None

August 12, 2008 of 10

14. COMMISSIONERS ITEMS PAGE

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Gary C. Wheeler

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Construction Services Contract (Part 2 Agreement) with Barth Construction for the Replacement of Indian River County Fire Rescue Station No. 9 (memorandum dated July 17, 2008) 401-431

B. Solid Waste Disposal District

1. Approval of Minutes – Regular Meeting of June 17, 2008

2. Disposal Protocol for Contaminated Soils and Permission to Advertise for Public Hearing on September 09, 2008 to Amend SWDD Rate Resolution (memorandum dated August 05, 2008) 432-437

3. Fuel Tank Relocation from Former DOT Facility to Landfill –

Work Order No. 15 to Geosyntec Consultants (memorandum dated August 5, 2008) 438-472

4. Approval of Bid Award for IRC Bid No. 2008069 Transportation of

Stabilizer to Indian River County Landfill (memorandum dated July 22, 2008) 473-479

5. Amendment No. 1 to Work Order No. 16 to Geosyntec Consultants,

Inc. (memorandum dated August 5, 2008) 480-505

C. Environmental Control Board

None

August 12, 2008 of 10

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.

58

~efore tbe ~oarb of (!Countp 'lCommi£i£iioner£i

.3Jnbian l\iber (!Countp, jfloriba

a iltodamatton Designating the month of August, 2008 as Cigarette Litter Prevention Month

Wbetea£i,an estimated 4.5 trillion cigarette butts are littered, per year, worldwide, with over 176 million pounds of cigarette butts discarded, each year, in the United States; and

/ Wberea£i, according to the Center for Marine Conservation, cigarette butt litter accounts for one in

every five items collected on clean-ups, making it one of the most prevalent forms of litter on earth; and

Wberea£i, Keep Indian River ~eautiful, a local affiliate of Keep America Beautiful, Inc., will be conducting Indian Ril7er County's first ever Cigarette Litter Prevention Program study; and

Wbetea£i, Keep Indian River Beautiful Staff and Volunteers will be periodically counting cigarette debris, during the month of August, in the downtown Vero Beach area while providing free pocket ashtrays, outdoor receptacles and educating the public through media outlets; and

Wbetea£i, Keep Indian River Beautiful hopes that this Cigarette Litter Prevention Program, sponsored by grants from Keep America Beautiful and Phillip-Morris Company, will encourage individual responsibility, community partnerships and advocate volunteerism in addressing the overwhelming problem of CIGARETTE LITTER.

jf!.otu, tberefore, be it ,!lrodaimeb by the Indian River County Board of County Commissioners that the month of August 2008, be designated as Cigarette . Litter Preve'ntion Month in Indian River County and, furthermore, the Commission calls upon all citizens to support these efforts to preserve the beauty and cleanliness of our community because litter prevention and litter control are vitally important to everyone's quality of life.

11Bulp abopteb tbi£i m:welftb bap of ~ugu£it 2008

Sandra L. Bowden, Chairman

Wesley S. Davis, Vice Chairman Joseph E. Flescher

Peter D. O'Bryan Gary C. Wheeler

1

To:

Date:

Subject:

From:

7A

AUGUST 12, 2008 INFORMATIONAL ITEMS

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

July 22, 2008

Member-at-Large Appointee Vacancy on Land Acquisition Advisory Committee

Terri Collins-Lister, Commissioner Assistant District 4

This is notification that the Land Acquisition Advisory Committee has a vacancy for Member-at-Large. These meetings are held on the last Wednesday of every month at 1 :30 p.m. in the First Floor Conference Room "B 1-501" of the County Administration Building "B", 1800 271h Street, Vero Beach, Florida.

Anyone interested in serving on the Land Acquisition Advisory Committee will need to submit an application and resume to Terri Collins-Lister at the Board of County Commissioners Office, County Administration Building A, 1801 2th Street, Vero Beach, FL 32960. Applications will be accepted until August 25, 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\LAAC- Member at Large.doc

2

/

To:

Date:

Subject:

From:

70

INFORMATIONAL ITEMS AUGUST 12,2008




July 24, 2008

SEBASTIAN RIVER AREA CHAMBER OF COMMERCE APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL

Terri Collins-Lister, Commissioner Assistant District4

Attached is correspondence dated July 23, 2008 from Ms. Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, indicating Mr. Donald Wright will replace Mr. Ray Coniglio as the Sebastian River Area Chamber of Commerce Appointee to the Economic Development Council.

No Board action is necessary.

Attachment - Correspondence dated July 23, 2008

3

July 23, 2008

Board of County Commissioners Indian River County

Peter O'Bryan, County Commissioner Economic Development Council, Liaison Commissioner

Re: Sebastian River Area Chamber of Commerce Appointment to Council

Dear Commissioner O'Bryan:

This letter is to provide information regarding our representative on the IRC Economic Development Council. The Sebastian River Area Chamber is pleased to inform you that Mr. Donald Wright, an appointed Chamber Board Member, and Chairman of our Economic Development Committee, has agreed to represent our Chamber on the Economic Development Council in the designated seat that has been vacated by Mr. Ray Coniglio. We have been well represented by Mr. Coniglio for a number of years and appreciate his service to the business community. The Chamber believes that Don will be a great addition to the EDC, and we know he is willing to roll his sleeves up, and get started right away.

Thank you for the opportunity provided to our Chamber to participate in the efforts of the Economic Development Council. If you have any comments or questions, please do not hesitate to contact me.

Executive Director

700 MAIN STREET • SEBASTIAN, FL 32958 PHONE: (772) 589-5969 • FAX: (772) S89-5993

www.SebastianChamber.com Email: [email protected] 4

To:

Date:

Subject:

From:

CONSENT AGENDA AUGUST 12, 2008




July 31, 2008

2008 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE CHAIRMAN AND VICE CHAIRMAN

Darcy Vasilas, Commissioner Assistant District 3

At the July 31, 2008 School Planning Citizens Oversight Committee meeting, the members voted to re-elect Mr. Charles Searcy as Chairman, and Mr. Joel Tyson as Vice Chairman of the School Planning Citizens Advisory Committee for the year2008.

No Board action is required.

F:IBCC\Agenda ltems\2008\2008 Chainman & Vice Chainman\SPCOC • Searcy and Tyson.doc

1('_

5

To:

Date:

Subject:

From:

7D

INFORMATIONAL ITEM August 12, 2008




July 14, 2008

2008 ELECTION OF AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) CHAIRMAN AND VICE CHAIRMAN

Maria Resto Commissioner Assistant, District 2

At the June 51h, 2008 Affordable Housing Advisory Committee meeting, the members

voted to elect Andrew Bowler as Chairman and Julianne Price as Vice Chairman of the Affordable Housing Advisory Committee for the year 2008.

No Board action is required.

F:\BCC\Agenda Items\2008\2008 Chairman & Vice Chairman\AHAC - Bowler and Price.doc

6

To:

Date:

Subject:

From:

INFORMATIONAL ITEM August12,2008




July 14, 2008

Resignation of Business in Enterprise Zone Appointee to Enterprise Zone Development Agency

Maria Resto, Commissioner Assistant District 2

Ms. Anne Douglas, Business in Enterprise Zone Appointee to the Indian River County/ City of Vero Beach Enterprise Zone Development Agency, has submitted her resignation. Her term would expire in 2009.

Attachment: Emailed Resignation

F:IBCC\Agenda ltems\200812008 Appointments & Resignations\EZDA- Douglas Resignation.doc

7

Maria Resto

From: Sent: To: Subject:

adoug [email protected] Thursday, July 10, 2008 9:50 AM Maria Resto Enterprise Advisory Committee

I will not be able to attend the July I Oth meeting for the Indian River Enterprise Zone due to a scheduling conflict. I have missed many meetings this year and feel at this time I am unable to continue with my commitment to membership on the committee. Please notify Karl Zimmerman, Chairman and the other members of the board and extend my appreciation for the opportunity of being a member.

Sincerely,

Anne Douglas, RN BSN Douglas Health Services, LLC 2803 Flight Safety Drive Vero Beach, Fl. 32960 Tel. 772-770-0022 Fax. 772-770-4434

The Famous, the Infamous, the Lame- in your browser. Get the TMZ Toolbar Now! ~·

1

8

JEFFREY K. BARTON Clerk of Circuit Court and Comptroller

Finance Department

1801 27th Street, Building A

Vera Beach, Florida 32960

Telephone (772) 226-1 945

TO: Board of County Commissioners

DATE: July 16,2008

SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund

FROM: Jeffrey K. Barton, Clerk of the Circuit Court~.(_ V'(3> And ~

Diane Bernardo, Finance Director l.!!!_!j;

BACKGROUND

()'II' u i.

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

Attached to this memo is a report of the revenues and expenditures from the inception of the $3 fee (October I, 2002) through June 30,2008. The Board currently carries a balance of$122,545, which is available to area schools.

The Clerk's office will continue to provide a quarterly report of the traffic education trust activity until all of the funds have been spent.

RECOMMENDATION

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

F:\dbemardo\Traffic Fund Bd Agenda.doc

9

REVENUES Fines and forfeitures Interest

Total Revenues

EXPENDITURES Public Safety

Total Expenditures

Net change in fund balances

Fund balances at beginning of year

Fund balances at end of year

...... 0

FY03

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

Traffic Education Program

FY04 FY 05 FY06 FY07 YTD FY08 10/01/2002- 1 0/01/2003- 10/01/2004- 10/01/2005- 10/01/2006- 10/01/2007-09/30/2003 09/30/2004 09/30/2005 09/30/2006 09/30/2007 06/30/2008

$ 42,563 $ 42,225 $ 41,794 $ 48,372 $ 9,537 $ 1,299 222 686 2,130 5,797 8,426 4,071

42,785 42,911 43,924 54,169 17,963 5,370

" 25,188 44,373 15,016 25,188 44,373 15,016

42,785 42,911 43,924 28,981 (26,410) (9,646)

42,785 85,696 129,620 158,601 132,191

42,785 85,696 129,620 158,f)01_ 132,191 122,545

Total Expense School Saint Spent Since District Edwards

Inception ofiRC School

I

= $84,577 55,652 28,925

JEFFREY K. BARTON Clerk of Circuit Court and Comptroller

Finance Department


Vero Beach, Florida 32960

Telephone (772) 226-1945


DATE: August 1, 2008

SUBJECT: Increase Capitalization Threshold for Capital Assets ~

Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller ~ Diane Bernardo, Finan~~irector @

FROM:

The County's current capital asset policy sets a threshold of $750 for recording of capital assets. Effective March 25, 2008, the State has set a minimum threshold of $1,000 for the recording of capital assets in a local government's financial system.

Recommendation

Staff recommends that the Board of County Commissioners approve amending the capital assets policy to increase the threshold for recording of tangible personal property to $1,000.

Sources: Florida Statutes Section 274.02 and Administrative Rule No. 691-73.002

F:\Elissa\ Wptemp\Capital Asset Threshold Increase

11

JEFFREY K. BARTON

Clerk of Circuit Court and Comptroller


Vero Beach, Florida 32960 Telephone (772) 226-1 205



SUBJECT: Indian River County Investment Advisory Committee Quarterly Investment Report for the Quarter Ending 6/30/08 L\d-

FROM: Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller~ And ~

Diane L. Bernardo, Finance Director ( ~__, J

BACKGROUND

The Investment Advisory Committee met on July 24, 2008, to review the investment activities conducted by the Clerk's Finance Department for the quarter beginning April1, 2008 and ending June 30, 2008. Attached to this memorandum is the composition of the investment portfolio and investment earnings for the second quarter ofthe fiscal year.

The SBA is working with Federated to provide liquidity on the remaining balances in both pools (Pool A and Pool B). As funds are available, we have withdrawn and reinvested in other investment instruments. During this quarter, the SBA released a total of$9,063,990.71 ($8,023,875.14 from Pool A and $1,040,115.57 from Pool B). And subsequently from the date of our report (June 30'h) and the date of this letter (August 1 '~, SBA has released an additional $79,335 in both funds.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached Investment Advisory Committee Quarterly Report.

12

Indian River County Investment Advisory Committee Quarterly Investment Report

April I, 2008 through June 30, 2008

I INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity.

I INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David Koulish, Vice President, Sr. Trust Investment Officer with Northern Trust Bank of Florida; Nancy Beckwith, retired Vice President of Commercial Banking with Wachovia; and Ted Libby, Senior Portfolio Manager with Cypress Capital Group.

I AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments:

Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, State of Florida Local Govermnent Surplus Funds Trust Fund (SBA) (for existing funds only), Florida Local Government Investment Trust (FLGIT), Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements.

I BOND PROCEEDS INVESTMENT The Bond Covenants of the Water and Sewer Bonds, Series 1993, required the investment of the sinking fund reserve in a guaranteed investment contract (GIC) with AIG Matched Funding Corporation. The contract is for the life of the Bonds and has a rate of earnings slightly less than the arbitrage yield of the Bonds.

13

INVESTMENT ACTNITY As of June 30, 2008 the investments portfolio book value was $336,034,337 with a market value of $338,372,184.

Of the $336,034,337 portfolio total, $278,559,026 is restricted for the following purposes: $ 107,538,735 Special revenue projects $ 3,456,814 Debt payments for county bonds $ 24,641,492 Capital projects $ 138,659,286 Business-type activities $ 4,262,699 Escrow Funds $ 278,559,026 TOTAL

RESTRICTED CASH BY FUND TYPE (PERCENTAGES)

Escrow Funds

2%

Business-Type

49%

Capital Projects

9%

----u''"' Service 1%

The average maturity of the investments as of June 30, 2008 is 15 months. Yields on the individual investments ranged from 1.14% to 5.55%. The overall average yield for the quarter was3.81%.

Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached.

The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2008:

Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8

Portfolio by type of debt instrument Portfolio sorted by maturity date Portfolio by maturity date bar graph Portfolio by type pie chart Investment purchases, calls and maturities for the quarter Summary of cash flows and balances by month Interest earnings summary Allocation of investments by fund types (unrestricted and restricted balances)

14

Schedule 1 Indian River County, Florida

Board of County Commissioners Investments By Type

June 30, 2008

06/30/08 Coupon/ Purchase Maturity Years To Yield To Original Portfolio

Investment Tvoe CUSIP Yield Date Date Maturitv Maturity Par Amount Book Value ~ FFCB Discount 313312j27 3.900% 12121/07 10/02108 0.26 4.060% $3,000,000 $2,907,050.00 FFCB Bullet 31331XMP4 5.090% 01/24/07 11/24/08 0.40 5.090% $2,000,000 $2,000,000.00 FFCB Bullet 31331VKT2 4.750% 12116/05 12/16/08 0.46 4.750% $2,000,000 $2,000,000.00 FFCB Bullet 31331XPZ9 5.080% 02120/07 02/20/09 0.64 5.080% $2,000,000 $2,000,000.00 FFCB Bullet 31331SRZ8 4.125% 10/17/07 04/15/09 0.79 4.484% $2,000,000 $1 ,989, 720.00 FFCB Bullet 31331YGQ7 3.750% 12113/07 06/10/09 0.95 3.773% $3,000,000 $2,998,980.00 FFCB Bullet 31331XLF7 4.920% 02106/07 01/11/10 1.53 5.073% $2,000,000 $1,991,700.00 FFCB Bullet 31331XSQ6 4.750% 03/15/07 03/15/10 1.71 4.750% $2,000,000 $2,000,000.00 FFCB Bullet 31331YB90 2.375% 04/22/08 04/07/10 1.77 2.572% $3,000,000 $2,988,750.00 FFCB Bullet 31331YDC1 4.250% 11/05/07 05/15/10 1.87 4.250% $2,000,000 $2,000,000.00 FFCB Bullet 31331X6M9 4.500% 10/10/07 10/04/10 2.26 4.594% $4,000,000 $3,989,520.00 FFCB 1X Callable 31331X7G1 4.950% 10/15/07 10/15/10 2.29 4.950% $2,000,000 $2,000,000.00 FFCB Callable 6/17/08 Anytime 31331YXN5 3.470% 03/27/08 03/17/11 2.71 3.466% $3,000,000 $3,000,000.00 FFCB 1X Callable 31331YZH6 3.250% 03/27/08 03/25/11 2.73 3.249% $3,000,000 $3,000,000.00 FFCB Callable Anytime 31331YZTO 3.250% 04/01/08 04/01/11 2.75 3.250% $3,000,000 $3,000,000.00 FFCB Callable Anytime 31331YZTO 3.250% 04/02/08 04/01/11 2.75 3.250% $3,000,000 $3,000,000.00 FFCB 1XCall 31331Y2TO 3.250% 04/03/08 04/01/11 2.75 3.250% $3,000,000 $3,000,000.00 FFCB 1x Call 31331YB74 3.180% 04/07/08 04/07/11 2.77 3.180% $3,000,000 $3,000,000.00 FFCB Bullet 31331YQ45 3.150% 06/09/08 05/19/11 2.88 3.386% $3,000,000 $2,980,312.50 FFCB-1 yr lock, then cant 31331Y2F6 4.230% 06/30/08 06/30/11 3.00 . 4.230% $3,000,000 $3,000,000.00 FFCB Callable Anytime 31331YC73 4.000% 04/16/12 04/16/12 3.80 4.000% $3,000,000 $3,000,000.00 FFCB 1 yr lock, then cant 31331YY27 3.900% 06/25/08 03/20/13 4.72 4.500% $3,000,000 $2,923,824.26 FFCB Callable Anytime 31331YA83 3.980% 04/03/08 04/03/13 4.76 4.000% $3,000,000 $2,997,656.25 FFCB 2 yr lock, then cant 31331YV64 4.300% 06/24/08 06/10/13 4.95 4.584% $3,000,000 $2,962,500.00 FFCB Callable Anytime 31331YY79 5.350% 06/23/08 12123/13 5.48 5.350% $3,000,000 $3,000,000.00

$68,000,000 $67,730,013.01 20.48%

FHLB Callable 31339YAQ5 3.080% 07/16/03 07/16/08 0.04 3.080% $2,000,000 $2,000,000.00 FHLB Bullet 3133XCJ46 4.400% 10/23/07 07/28/08 0.08 4.392% $2,000,000 $2,000,000.00 FHLB Discount 313384L49 2.400% 02105/08 10/20/08 0.31 2.474% $3,000,000 $2,948,400.00 FHLB Bullet 3133XHTU6 5.000% 02/02107 12112/08 0.45 5.096% $2,000,000 $1,996,320.00 FHLB Discount 313385AE6 2.350% 02/05/08 01/05/09 0.52 2.429% $3,000,000 $2,934,395.83 FHLB Discount 313385BB1 2.380% 02/27/08 01/26/09 0.58 2.461% $3,000,000 $2,933,756.67 FHLB Bullet 3133XQ2L5 2.600% 02/28/08 01/28/09 0.58 2.600% $3,000,000 $3,000,000.00 FHLB 1x carr 7/30/08 3133XMRQ6 4.500% 10/30/07 04/30/09 0.83 4.500% $2,000,000 $2,000,000.00 FHLB 1X Call 7130/08 3133XMS51 4.550% 10/30/07 04/30/09 0.83 4.550% $2,000,000 $2,000,000.00 FHLB 1XCALL 3133XPM84 2.850% 02/07/08 08/07/09 1.10 2.850% $3,000,000 $3,000,000.00 FHLB Bullet 3133X8P48 3.900% 10/18/07 09/28/09 1.25 4.500% $2,000,000 $1,977,852.72 FHLB 1x Call 7/30/08 3133XMS44 4.580% 10/30/07 10/30/09 1.33 4.580% $2,000,000 $2,000,000.00 FHLB 1x Call 7/30/08 3133XMRP8 4.550% 10/30/07 10/30/09 1.33 4;.550% $2,000,000 $2,000,000.00 FHLB 1XCall 3133XPZHO 3.050% 03/03/08 03/03/10 1.67 3.050% $1,410,000 $1,410,000.00 FHLB 1XCall 3133XQ5F5 3.000% 03/10/08 03/10/10 1.69 3.000% $3,000,000 $3,000,000.00 FHLB Bullet 3133XJUS5 5.000% 02105/07 03/12110 1.70 5.078% $2,000,000 $1,995,400.00 FHLB Callable 3133XLP56 5.500% 07/16/07 04/16/10 1.79 5.500% $2,000,000 $2,000,000.00 FHLB 1X Call 8/5/08 3133XMSP7 4.640% 11/05/07 05/05/10 1.85 4.640% $2,000,000 $2,000,000.00 FHLB Bullet 3133XBUL7 4.650% 10/16/07 05/26/10 1.90 4.648% $2,000,000 $2,000,000.00 FHLB 1 X Call 8/12/08 3133XPM68 3.190% 02112108 08/12/10 2.12 3.190% $3,000,000 $3,000,000.00 FHLB 1X Call 3133XQ4Y5 3.250% 03/03/08 09/03/10 2.18 3.250% $3,000,000 $3,000,000.00 FHLB 1 Call 3133XMLS8 4.950% 10/22/07 10/22/10 2.31 4.950% $2,000,000 $2,000,000.00 FHLB 1 x Call 11/1 9/08 3133XMRR4 4.750% 11/19/07 11/19/10 2.39 4.750% $2,000,000 $2,000,000.00 FHLB 1X Call 3133XPPFS 3.260% 02/12108 08/12/11 3.12 3.306% $3,000,000 $2,995,500.00

$56,410,000 $56,191 ,625.22 16.99%

FHLMC Bullet 3128X5E61 5.125% 02/14/07 08/14/08 0.12 5.125% $4,000,000 $4,000,000.00 FHLMC Discount 313396C50 3.880% 12113/07 08/18/08 0.13 4.032% $3,000,000 $2,919,490.00 FHLMC Discount 313396042 3.830% 12107/07 08/25/08 0.15 3.982% $3,000,000 $2,916,378.33 FHLMC Discount 313396F99 3.130% 01/18/08 09/15/08 0.21 3.238% $3,000,000 $2,937,139.17 FHLMC Bullet 3128X36N 4.300% 10/23/07 09/24/08 0.24 4.382% $2,000,000 $1,998,480.00 FHLMC Discount 313396N90 3.000% 01/18/08 11/10/08 0.36 3.109% $3,000,000 $2,925,750.00 FHLMC Bullet 312BX2ME2 3.875% 12/13/07 01/12/09 0.54 3.943% $3,000,000 $2,997,780.00 FHLMC Bullet 3128x2P90 3.755% 12/28/07 03/18/09 0.72 3.890% $3,000,000 $2,995,080.00 FHLMC Bullet 3128X24XO 3.500% 10/29/07 09/30/09 1.25 4.200% $2,160,000 $2,132,352.00 FHLMC 1x Call 3128X6E85 3.500% 01/25/08 01/25/10 1.57 3.500% $3,000,000 $3,000,000.00 FHLMC Bullet 3128X1 HK6 3.500% 12/27/07 06/11/10 1.95 3.810% $2,510,000 $2,491 ,877.80 FHLMC Bullet 3128X1HK6 3.500% 11/20/07 06/11/10 1.95 3.960% $2,800,000 $2,768,892.00 FHLMC Bullet 3134A4VB7 4.125% 10/30/07 07/12110 2.03 4.227% $2,000,000 $1,994,720.00 FHLMC 1x Call 3128X6Y59 3.050% 02/28/08 08/12110 2.12 3.050% $3,000,000 $3,000,000.00 FHLMC 1x Call 3128X66H4 3.250% 03/10/08 09/10/10 2.20 3.250% $3,000,000 $3,000,000.00 FHLMC-1x Call 3128X6ML7 5.000% 10/12/07 10/01/10 2.25 4.998% $3,000,000 $3,000,000.00 FHLMC 1x Call 3128X7EG5 2.750% 04/01/08 10/01/10 2.25 2.750% $3,000,000 $3,000,000.00 FHLMC Bullet 3134A4VE1 4.125% 10/30/07 10/18/10 2.30 4.250% $2,000,000 $1,993,040.00 FHLMC 1xCall 3128X7DT8 3.000% 04/01/08 04/01/11 2.75 3.018% $1,100,000 $1,099,450.00 FHLMC 1xCall 3128X7DT8 3.000% 04/01/08 04/01/11 2.75 3.000% $3,000,000 $3,000,000.00 FHLMC Qrtly Calls 3128X6RP3 4.600% 11/26/07 11/26/10 2.41 4.600% $3,000,000 $3,000,000.00 FHLMC Qrtly Calls 3128X6RL2 4.550% 11/26/07 11/26/10 2.41 4.550% $3,000,000 $3,000,000.00 FHLMC 1x Call 3128X6E93 3.450% 01/28/08 01/28/11 2.58 3.450% $3,000,000 $3,000,000.00

. $63,570,000_ $63,170,429.30 19.09%

Board Investment Report 6302008\Schedule 1 ByType 1 of2 15


Board of County Commissioners Investments By Type

June 30, 2008

Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Tvoe CUSIP Yield Date Date Maturity Maturitv Par Amount Book Value .%

FNMA Bullet 31359MSQ7 3.250% 12/14/07 08/15/08 0.13 3.900% $3,000,000 $2,987,130.00 FNMA Discount 313588E43 3.120% 01/18/08 09/02/08 0.18 3.226% $3,000,000 $2,940,720.00 FNMA Discount 313588F26 3.100% 01/18/08 09108108 0.19 3.205% $3,000,000 $2,939,550.00 FNMA Discount 313588J89 2.380% 02/01/08 10/08/08 0.27 2.452% $4,000,000 $3,933,888.89 FNMA Discount 313588N27 2.980% 01/18/08 11/03/08 0.35 3.086% $3,000,000 $2,927,983.33 FNMA ·Discount 313588822 2.250% 02128108 12/05/08 0.43 2.319% $3,000,000 $2,947,312.50 FNMA Discount 313588863 2.240% 02/28/08 12/09/08 0.44 2.309% $3,000,000 $2,946,800.00 FNMA Bullet 31359MTZ6 . 3.250% 12/13/07 02/15/09 0.63 3.875% $3,000,000 $2,978,610.00 FNMA Discount 313589CC5 1.850% 03/27/08 02/20/09 0.64 1.882% $10,000,000 $9,830,416.67 FNMA Bullet 3136F5DR9 3.600% 10/23/07 03/09/09 0.69 4.300% $2,000,000 $1,981,440.00 FNMABullet 31359MD67 4.200% 10/30/07 06/08/09 0.94 4.200% $2,000,000 $2,000,000.00 FNMA Bullet 3136F6DJ5 4.150% 10/18/07 09/10/09 1.20 4.500% $2,000,000 $1,987,340.00 FNMABullet 3136F6DJ5 4.150% 10/26/07 09/10/09 1.20 4.148% $2,000,000 $2,000,000.00 FNMA 1xCall 3136F9ET6 2.625% 04/01/08 04/01/10 1.75 2.625% $3,000,000 $3,000,000.00 FNMA Bullet 31359MC92 4.125% 10/30/07 05/15/10 1.87 4.220% $2,000,000 $1,995,440.00 FNMA Bullet 3136F7BE6 4.375% 10/16/07 06/21/10 1.98 4.618% $2,000,000 $1,987,780.00 FNMA Bullet 3136F3J80 3.320% 11/20/07 07/14/10 2.04 4.000% $3,000,000 $2,949,082.98 FNMA Bullet 3136F3J80 3.320% 01/09/08 07/14/10 2.04 3.340% $3,100,000 $3,098,512.00 FNMA Bullet 31359MYN7 4.250% 10/30/07 08/15/10 2.13 4.250% $2,000,000 $2,000,000.00 FNMA 1x Call 31398APM8 3.000% 04/01/08 04/01/11 2.75 3.124% $3,000,000 $2,989,453.13 FNMA 1x Call 31398APM8 3.000% 04/01/08 04/01/11 2.75 3.000% $3,000,000 $3,000,000.00

$64,100,000 $63,421 ,459.50 19.17%

Federated US Treasury Money Market·SunTrust $15,215,860.80 4.60%

Florida Safe Investment Pool $5,004,030.91 1.51%

SBA·Pooled cash all funds·Pool A $6,314,987.29 SBA·Pooled cash all funds·Pool 8 $1,296,162.30

$7,611,149.59 2.30%

Treasury Bill 912795F48 1.120% 03127108 07/10/08 0.03 1.142% $10,000,000 $9,967,333.33 Treasury Note 912828FM7 5.000% 07/31/06 07/31/08 0.08 5.090% $4,000,000 $3,993,235.80 Treasury Bill 912795F89 1.250% 03/27/08 08/07/08 0.10 1.277% $10,000,000 $9,953,819.44 Treasury Note 912828FT2 4.625% 09/30/06 09/30/08 0.25 4.660% $2,000,000 $1,998,675.60 Treasury Note 912828FV7 4.875% 10/31/06 10/31/08 0.34 4.894% $2,000,000 $1,999,284.32 Treasury Note 912828FZ8 4.625% 11/30/06 11/30/08 0.42 4.692% $2,000,000 $1,997,470.10 Treasury Note 912828GBO 4.750% 12/31/06 12/31/08 0.50 4.765% $2,000,000 $1,999,423.50 Treasury Note 912828GE4 4.875% 01/31/07 01/31/09 0.59 4.930% $2,000,000 $1,997,929.16 Treasury Note 912828GJ3 4.750% 02/28/07 02/28/09 0.67 4.830% $2,000,000 $1,996,984.24 Treasury Note 912828GYO 4.625% 07/31/07 07/31/09 1.08 4.735% $2,000,000 $1,995,859.38 Treasury Note 912828HJ2 3.125% 11/30/07 11/30/09 1.42 3.159% $3,000,000 $2,998,038.08

$41 ,000,000 $40,898,052.95 12.36%

Total General Cash & Equivalents Subtotal $319,242,621.28

Restricted Cash & Equivalents $11,594,088.85 FLGIT· Landfill Closure & Postclosure Reserves 3.50%

Total Pooled Cash & Equivalents $330,836,710.13 100.00%

Restricted for Bond Covenants Utilities Debt Service Reserve·GIC with AIG (held by BONY) $3,139,285.00 N/A Dodgertown Construction Reserve @ US Bank (Treasury Money Market Fund) $2,058,341.92 N/A

$5,197,626.92

Total Portfolio $336,034,337.05

Board Investment Report 6302008\Schedule 1 By Type 2 of2 1 6

Investment Type T-Bill FHLB Callable-Quarterly FHLB Bullet Treasury Note T-Bm FHLMC Bullet FNMA Bullet FHLMC Discount FHLMC Discount FNMA Discount FNMA Discount FHLMC Discount FHLMC Bullet Treasury Note FFCB Discount FNMA Discount FHLB Discount Treasury Note FNMA Discount FHLMC Discount FFCB Bullet Treasury Note FNMA Discount FNMA Discount FHLB Bullet FFCB Bullet Treasury Note FHLB Discount FHLMC Bullet FHLB Discount FHLB Bullet Treasury Note FNMA Bullet FFCB Bullet FNMA Discount Treasury Note FNMA Bullet FHLMC Bullet FFCB Bullet FHLB 1x Gall FHLB 1X Call FNMA Bullet FFCB Bullet Treasury Note FHLB 1X Call FNMA Bullet FNMA Bullet FHLB Bullet FHLMC Bullet FHLB 1x Call 7/30/08 FHLB 1x can 7/30/08 Treasury Note FFCB Bullet FHLMC 1x Call FHLB 1XCall FHLB 1XCall FHLB Bullet FFCB Bullet FNMA 1x Gall FFCB Bullet FHLB 1XCal1 FHLB 1XCall FNMA Bullet FFCB Bullet FHLB Bullet FHLMC Bullet FHLMC Bullet FNMA Bullet FHLMC Bullet FNMA Bullet FNMA Bullet

CUSIP 912795F48 31339YAQ5 3133XCJ46 912828FM7 912795F89 3128X5E61 31359MSQ7 313396C50 313396042 313568E43 313568F26 313396F99 3128X36N 912828FT2 313312j27 313588J89 3133844L49 912828FV7 313588N27 313396N90 31331XMP4 912628FZ8 313588822 313588863 3133XHTU6 31331VKT2 912828GBO 313385AE6 3128X2ME2 313385BB1 3133XQ2L5 912826GE4 31359MTZ6 31331XPZ9 313569CC5 912828GJ3 3136F5DR9 3128x2P90 313318RZ8 3133XMRQ6 3133XMS51 31359MD67 31331YGQ7 912828GYO 3133XPM84 3136F6DJ5 3136F6DJ5 3133X8P48 3128X24XO 3133XMS44 3133XMRP8 912828HJ2 31331XLF7 3128X6E85 3133XPZHO 3133XQ5F5 3133XJUS5 31331X8Q6 3136F9ET6 31331YB90 3133XLP56 3133XMSP7 31359MC92 31331YDC1 3133XBUL7 3128X1HK6 3128X1HK6 3136F7BE6 3134A4V87 3136F3J80 3136F3J80

Coupon/ Yield

1.120% 3.080% 4.400% 5.000% 1.250% 5.125% 3.250% 3.880% 3.830% 3.120% 3.100% 3.130% 4.300% 4.625% 3.900% 2.380% 2.400% 4.875% 2.980% 3.000% 5.090% 4.625% 2.250% 2.240% 5.000% 4.750% 4.750% 2.350% 3.875% 2.360% 2.600% 4.875% 3.250% 5.080% 1.850% 4.750% 3.600% 3.755% 4.125% 4.500% 4.550% 4.200% 3.750% 4.625% 2.650% 4.150% 4.150% 3.900% 3.500% 4.580% 4.550% 3.125% 4.920% 3.500% 3.050% 3.000% 5.000% 4.750% 2.625% 2.375% 5.500% 4.640% 4.125% 4.250% 4.650% 3.500% 3.500% 4.375% 4.125% 3.320% 3.320%

Board Investment Report 6302008/Schedule 2 Maturity


Board of County Commissioners Investments By Maturity Date

June 30, 2008

Purchase Date

03/27/08 07/16/03 10/23/07 07/31/06 03/27/08 02114/07 12114/07 12113107 12107/07 01/18/08 01/18/08 01/18108 10/23/07 09/30/06 12121/07 02101/08 02/05/08 10131/06 01/16/08 01/18/08 01/24/07 11/30/06 02128/08 02128/08 . 02102107 12116/05 12131/06 02/05/08 12113/07 02127/08 02128/08 01/31/07 12113/07 02120107 03/27/08 02128107 10/23/07 12/28/07 10/17/07 10/30/07 10/30/07 10/30/07 12113/07 07/31/07 02107106 10/18/07 10/26/07 10/16/07 10/29/07 10/30/07 10/30/07 11/30/07 02106107 01/25/08 03103/08 03/10/08 02105/07 03/15/07 04/01/08 04122108 07/16/07 11/05/07 10/30/07 11/05/07 10/16/07 12127/07 11/20/07 10/16/07 10/30/07 01/09/06 11/20/07

Maturity Date

07/10/08 07/16/08 07/28/08 07131/08 08/07/08 08/14/08 08/15/08 08/18/08 08/25/08 09/02108 09/08/08 09/15/08 09/24/08 09/30/08 10/02108 10/08/08 10/20/08 10131/08 11/03/08 11/10/08 11/?4/08 11/30/08 12105/08 12109/08 12112108 12/16/08 12131/08 01/05/09 01/12109 01/26/09 01/28/09 01/31/09 02115/09 02120/09 02120/09

03/18/09 04/15/09 04130/09

06/10/09 07/31/09 08/07/09 09/10/09 09/10/09 09/26/09

03/10/10 03/12110 03/15/10 04/01/10 04/07/10 04/16/10 05/05/10 05/15/10 05/15/10 05/26/10 06/11/10 06/11/10 06/21/10 07/12110 07/14/10 07/14/10

Years To Maturity

0.03 0.04 0.08 0.08 0.10 0.12 0.13 0.13 0.15 0.18 0.19 0.21 0.24 0.25 0.26 0.27 0.31 0.34 0.35 0.36 0.40 0.42 0.43 0.44 0.45 0.46 0.50 0.52 0.54 0.58 0.58 0.59 0.63 0.64 0.64 0.67 0.69 0.72 0.79 0.83 0.83 0.94 0.95 1.08 1.10 1.20 1.20 1.25 1.25 1.33 1.33 1.42 1.53 1.57 1.67 1.69 1.70 1.71 1.75 1.77 1.79 1.85 1.87 1.87 1.90 1.95 1.95 1.98 2.03 2.04 2.04

Yield To Maturitv 1.142% 3.080% 4.392% 5.090% 1.277% 5.125% 3.900% 4.032% 3.982% 3.226% 3.205%1 3.238% 4.382% 4.660% 4.060% 2.452% 2.474% 4.694% 3.066% 3.109% 5.090% 4.692% 2.319% 2.309% 5.096% 4.750% 4.765% 2.429% 3.943% 2.461% 2.600% 4.930% 3.875% 5.080% _1.882% 4.830% 4.300% 3.890% 4.484% 4.500% 4.550% 4.200% 3.773% 4.735% 2.850% 4.500% 4.148% 4.500% 4.200% 4.580% 4.550% 3.159% 5.073% 3.500% 3.050% 3.000% 5.078% 4.750% 2.625% 2.572% 5.500% 4.640% 4.220% 4.250% 4.648% 3.810% 3.960% 4.618% 4.227% 3.340% 3.340%

Original ParAmount

$10,000,000 $2,000,000 $2,000,000 $4,000,000

$10,000,000 $4,000,000 $3,000,000 $3,000,000 $3.000,000 $3,000,000 $3,000,000 $3,000,000 $2,000,000 $2,000,000 $3,000,000 $4,000,000 $3,000,000 $2,000,000 $3,000,000 $3,000,000 $2,000,000 $2,000,000 $3,000,000 $3,000,000 $2,000,000 $2,000,000 $2,000,000 $3,000,000 $3,000,000 $3,000,000 $3,000,000 $2,000,000 $3,000,000 $2,000,000

$10,000,000 $2,000,000 $2,000,000 $3,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $3,000,000 $2,000,000 $3,000,000 $2,000,000 $2,000,000 $2,000,000 $2,160,000 $2,000,000 $2,000,000 $3,000,000 $2,000,000 $3,000,000 $1,410.000 $3,000,000 $2,000,000 $2,000,000 $3,000,000 $3,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,510,000 $2,800,000 $2,000,000 $2,000,000 $3,100,000 $3,000,000

06/30/08

Book Value $9,967,333.33 $2,000,000.00 $2,000,000.00 $3,993,235.80 $9,953,819.44 $4,000,000.00 $2,987,130.00 $2,919,490.00 $2,916,378.33 $2,940,720.00 $2,939,550.00 $2,937,139.17 $1,998,480.00 $1,998,675.60 $2,907,050.00 $3,933,888.89 $2,946,400.00 $1,999,284.32 $2,927,983.33 $2,925,750.00 $2,000,000.00 $1,997,470.10 $2,947,312.50 $2,946,800.00 $1,996,320.00 $2,000,000.00 $1,999,423.50 $2,934,395.63 $2,997,780.00 $2,933,756.67 $3,000,000.00 $1,997,929.16 $2,978,610.00 $2,000,000.00 $9,830,416.67 $1,996,984.24 $1,981,440.00 $2,995,080.00 $1,989,720.00 $2,000,000.00 $2,000,000.00 $2,000,000.00 $2,998,980.00 $1,995,859.36 $3,000,000.00 $1,987,340.00 $2,000,000.00 $1,977,852.72 $2,132,352.00 $2,000,000.00 $2,000,000.00 $2,998.038.08 $1,991,700.00 $3,000,000.00 $1.410.000.00 $3,000,000.00 $1,995,400.00 $2,000,000.00 $3,000,000.00 $2,988,750.00 $2,000,000.00 $2,000,000.00 $1,995,440.00 $2,000,000.00 $2,000,000.00 $2,491,877.80 $2,768,892.00 $1,987,780.00 $1,994,720.00 $3,098,512.00 $2,949,082.98

Mo Cash Flow

$ 18,000,000

$ 23,000,000

$ 13,000,000

$ 12,000,000

$ 10,000,000

$ 12,000,000

$ 14,000,000

$ 17,000,000

$ 5,000,000

$6,000,000

$ 5,000,000 $ 2,000,000 $ 3,000,000

$ 8,160,000

$ 4,000,000 $ 3,000,000

$ 5,000,000

$ 8,410,000

$ 8,000,000

$ 8,000,000

$ 7,310,000

$ 8,100,000

17


Board of County Commissioners Investments By Maturity Date

June 30, 2008

Coupon! Purchase Maturity Years To Yield To Original Investment T~e CUSIP Yield Date Date Maturity Maturity ParAmount Book Value Mo Cash Flow FHLB 1X Call 3133XPM68 3.190% 02/12/08 08/12/10 2.12 3.190% $3,000,000 $3,000,000.00 FHLMC 1xCa!l 3128X6Y59 3.050% 02/28/08 08/12/10 2.12 3.050% $3,000,000 $3,000,000.00 FNMA Bullet 31359MYN7 4.250% 10/30/07 08/15/10 2.13 4.250% $2,000,000 $2,000,000.00 $ 8,000,000 FHLB1X Call 3133XQ4Y5 3.250% 03/03/08 09/03/10 2.18 3.250% $3,000,000 $3,000,000.00 FHLMC 1X Call 3128X66H4 3.250% 03/10/08 09/10/10 2.20 3.250% $3,000,000 $3,000,000.00 $ 6,000,000 FHLMC 1X Call 3128X6ML7 5.000% 10/12107 10/01/10 2.25 4.998% $3,000,000 $3,000,000.00 FHLMC 1x Call 3128X7EG5 2.750% 04/01/08 10/01/10 2.25 2.750% $3,000,000 $3,000,000.00 FFCB Bullet 31331X6M9 4.500% 10/10/07 10/04/10 2.26 4.594% $4,000,000 $3,989,520.00 FFCB1XCall 31331X7G1 4.950% 10/15/07 10/15/10 2.29 4.950% $2,000,000 $2,000,000.00 FHLMC Bullet 3134A4VE1 4.125% 10/30/07 10/18/10 2.30 4.250% $2,000,000 $1,993,040.00 FHLB Callable 3133XMLS8 4.950% 10/22/07 10/22/10 2.31 4.950% $2,000,000 $2,000,000.00 $ 16,000,000 FHLB 1x Call 3133XMRR4 4.750% 11/19/07 11/19/10 2.39 4.750% $2,000,000 $2,000,000.00 FHLMC Qrtly Calls 3128X6RP3 4.600% 11/26/07 11/26/10 2.41 4.600% $3,000,000 $3,000,000.00 FHLMC Qrtly Calls 3128X6RL2 4.550% 11/26/07 11/26/10 2.41 4.550% $3,000,000 $3,000,000.00 $ 8,000,000 FHLMC 1x Call 3128X6E93 3.450% 01/28/08 01/28/11 2.58 3.450% $3,000,000 $3,000,000.00 $ 3,000,000 FFCB Callable Anytime 31331YXN5 3.470% 03/27/08 03/17/11 2.71 3.466% $3,000,000 $3,000,000.00 FFCB 1X Call 31331YZH6 3.250% 03/27/08 2.73 3.250% $3,000,000 $3,000,000.00 $ 6,000,000 FFCB Callable Anytime 31331YZTO 3.250% 04/01/08 2.75 3.250% $3,000,000 $3,000,000.00 FFCB 1X Call 31331YZTO 3.250% 04/03/08 04/01/11 2.75 3.250% $3,000,000 $3,000,000.00 FFCB Callable Anytime 31331YZTO 3.250% 04/02/08 04/01/11 2.75 3.250% $3,000,000 $3,000,000.00 FHLMC 1X Call 3128X7DT8 3.000% 04/01/08 04/01/11 2.75 3.018% $1,100,000 $1,099,450.00 FNMA 1xCall 31398APM8 3.000% 04/01/08 04/01/11 2.75 3.124% $3,000,000 $2,989,453.13 FHLMC 1X Call 3128X7DT8 3.000% 04/01/08 04/01/11 2.75 3.000% $3,000,000 $3,000,000.00 FNMA 1x Call 31398APM8 3.000% 04/01/08 04/01/11 2.75 3.000% $3,000,000 $3,000,000.00 FFCB Callable Anytime 31331YB74 3.180% 04/07/08 2.77 3.180% $3,000,000 $3,000,000.00 $ 22,100,000 FFCB Bullet 31331YQ45 3.150% 06/09/08 2.88 3.386% $3,000,000 $2,980,312.50 $ 3,000,000 FFCB-1 yr lock, then coni 31331Y2F6 4.230% 06/30/08 3.00 4.230% $3,000,000 $3,000,000.00 $ 3,000,000 FHLB 1X Call 3133XPPF5 3.260% 02/12/08 3.12 3.306% $3,000,000 $2,995,500.00 $ 3,000,000 FFCB Callable Anytime 31331YC73 4.000% 04/16/08 3.80 4.000% $3,000,000 $3,000,000.00 $ 3,000,000 FFCB 1 yr lock,then coni 31331YYZ7 3.900% 06/25/08 4.72 4.500% $3,000,000 $2,923,824.26 $ 3,000,000 FFCB Callable Anytime 31331YA83 3.980% 04/03/08 4.76 4.000% $3,000,000 $2,997,656.25 $ 3,000,000 FFCB 2 yr lock, then con.t 31331yv64 4.300% 06124/08 4.95 4.584% $3,000,000 $2,962,500.00 $ 3,000,000 FFCB Callable Anytime 31331yy79 5.350% 06123/08 5.48 5.350% $3,000,000 $3,000,000.00 $ 3,000,000 Sub Total - General Investments $293,080,000 $291,411,579.98 $ 293,080,000

Florida Safe Investment Pool $5,004,030.91 Florida State Board of Administration-Pool Cash-Fund A $6,314,987.29 Florida State Board of Administration-Pool Cash-Fund 8 $1,296,162.30' Federated US Treasury Money Market $15,215,860.80

Total Gen'l Investments $319,242,621.28

Restricted Cash Fla Local Govt Investment Trust- Landfill Closure & Postclosure Reserves $11,594,088.85

Total Cash & Equivalents $330,836,710.13

Restricted Cash for Bond Covenants Utilities Reserve-AIG GIG 5.647% 06/08/93 09/01/24 16.18 $3,139,285.00 Dodgertown Construction Reserve @ US Bank-Treasury Money Market Fund $2,058,341.92

Total Bond Covenants $5,197,626.92

Total Portfolio $336,034,337.05

Board Investment Report 6302008/Schedule 2 Maturity 18

200,000,000

180,000,000

160,000,000

140,000,000

120,000,000

100,000,000

80,000,000

60,000,000

40,000,000

20,000,000

0-12 Months

Schedule 3 Indian River County

Portfolio By Maturity Date June 30, 2008

83,094,091

13-24 Months 25-36 Months

Total Portfolio $336,034,337

21,018,765

37+ Month

19


Portfolio By Type June 30, 2008 ·

Treasury Note 12.36%

FLGITLandfill

.50%

SBA-Pooled 2.30%

Federated $ __ _ Mkt

4.60%

FN 19.17% FHLMC

19.09%

Board Investment Report 6302008/Schedule 4 Print Pie Chart

FFCB 20.48%

___ FHLB

16.99%

FLSAFE 1.51%

20

PURCHASES· Investment Description Yield to Maturity FHLMC - 1X Call 3.018% FHLMC - 1X Call 3.000% FNMA-1XCall 3.124% FFCB Callable 3.250% FNMA-1XCall 3.000% FFCB Callable 3.250% FHLMC - 1X Call 2.750% FNMA-1X Call 2.625% FFCB Callable 3.997% FFCB Callable 3.249% FFCB Callable 3.180% FFCB Callable 4.000'% FFCB Bullet 2.572% FFCB Bullet 3.386% FFCB Callable 5.350% FFCB - 2 yr l-out 4.584% FFCB- 1X Call 4.500% FFCB- 1 yr l-out 4.230%

MATURITIES· Investment Description Yield to Maturity FNMADisc 4.246% FHLMC qtr ca!ls 4.198% FHLB 2.250% FFCB Disc 4.267% FHLMC Disc 4.201% FHLB- 1X Call 5.375% FHLMC- 1X Call 5.420% FHLB- 1X Ca!l 5.550% US Treas Note 4.975% FHLB Disc 4.231% FHLB Disc 3.965% FFCB Disc 4.148% FHLB- 1X Call 4.625% FHLB- 1X Call 5.541% FNMADisc 4.012% US Treas Note 4.933% FNMA Callable 3.979% FFCB 5.250% FHLMC 5.050% FHLB 5.000% FNMA- 1X Call 5.192% FNMA Disc 2.562% FHLB 2.820% US T reas Note 5.239%

Reconciliation of Bonds Only: B-eginning portfolio (04/01/08)

Total purchased Total matured

Ending portfolio for quarter (06/30/08)

EC-Early Call Redemption


Investment Purchases, Calls Maturities Quarter Ending June 30, 2008

Purchase Date Call Date Maturity Date 04/01/08 04/01/09 04/01/11 04/01/08 04/01/09 04/01/11 04/01/08 04/01/09 04/01/11 04/01/08 10/01/08 04/01/11 04/01/08 04/01/09 04/01/11 04/02/08 10/01/08 04/01/11 04/01/08 04/01/09 10/01/10 04/01/08 04/01/09 04/01/10 04/03/08 04/03109 04/03/13 04/03/08 10/01/08 04/01/11 04/07/08 04/07/09 04/07/11 04/16/08 07/16/08 04/16/12 04/22/08 04/07/10 06/09/08 05/19/11 06/23/08 12/23/08 12/23/13 06/24/08 06/10/10 06/10/13 06/25/08 03/20/09 03/20/13 06/30/08 06/30/09 06/30/11

18

Purchase Date Call Date Maturity Date 12/07/07 04/04/08 12/12/07 EC 04/06/08 04/06/10 07/16/03 EC 04/16/08 07/16/08 12/21/07 04/18/08 12/13/07 04/25/08 07/16/07 Sold 04/25/08 07/16/09 08106107 Sold 04/25/08 08/06/10 07/30/07 Sold 04/25/08 07/30/10 05/01/06 04/30/08 12/27/07 05/05/08 01/08/08 05/07/08 12/07/07 05/08/08 11/14/07 EC 05/14/08 11/13/09 07/10/07 EC 05/19/08 05/19/10 01/08/08 05/19/08 05/31/06 06/02/08 11/21/07 EC 06/02/08 06/02109 06/16/06 06/16/08 12/19/06 EC 06/18/08 12/18/09 12/18/06 EC 06/18/08 12118/09 03/05/07 06/18/08 02/27/08 06/23/08 06/30/03 06/30/08 06/30/06 06/30/08

24

Board Investment Report 6302008\Sch 5 Purch & Maturities

Par Amount Book Value $1,100,000 $1,099.450.00 $3,000,000 $3,000,000.00 $3,000,000 $2.989,453.13 $3,000,000 $3,000,000.00 $3.000,000 $3,000,000.00 $3.000.000 $3.000,000.00 $3,000,000 $3,000.000.00 $3.000.000 $3.000.000.00 $3,000.000 $2,997,656.25 $3,000,000 $3.000,000.00 $3,000,000 $3,000.000.00 $3,000,000 $3,000.000.00 $3.000.000 $2.988,750.00 $3,000,000 $2,980.312.50 $3.000.000 $3,000,000.00 $3,000,000 $2.962.500.00 $3,000,000 $2,923,824.26 $3.000,000 $3.000.000.00

$52.100.000 $51.941,946.14

01/00/00 Book Value $3,000.000 $2,959,143.33 $3,000,000 $2.986.875.00 $2,000.000 $2,000,000.00 $3.000,000 $2.958.945.00 $3,000,000 $2,954,551.67 $2.000,000 $2.000.000.00 $2,000.000 $2,000,000.00 $2.000,000 $2.000.000.00 $4,000.000 $3,992,470.60 $3.000.000 $2.955,583.33 $3,000,000 $2,961.500.00 $3,000.000 $2,948,872.50 $2.000,000 $2.000,000.00 $2,475,000 $2,475.000.00 $3.000.000 $2.957,210.00 $4,000,000 $3,995.632.60 $3,000,000 $2,970.000.00 $3.000.000 $3.000,000.00 $2,000,000 $2,000.000.00 $2,000,000 $2,000,000.00 $2.000.000 $2.000.000.00

$10,000,000 $9,918.750.00 $2.000,000 $2,000,000.00 $4.000.000 $3.991.447.32 $72.475.000 $72,025,981.35

$311,495,615.19 18 securities $51.941,946.14 24 securities ($72,025.981.35)

$291.411.579.98

1 of 1

21

October November December January February March April May June July August September

October November December January February March April May June July August September


Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years

June 30, 2008

Fiscal Year 2002-2003 Fiscal Year 2003-2004 Fiscal Year 2004-2005 Net Change Month End Bal Net Change Month End Bal Net Change Month End Sal* -8,746,822 210,598,171 -3,196,685 220,729,076 246,696,683 246,696,683 1,756,174 212,354,345 7,537,177 228,266,254 8,952,260 255,648,943

44,411,922 256,766,268 38,951,276 267,217,529 43,297,368 298,946,311 58,938 256,825,205 2,623,285 269,840,814 358,334 299,304,645

-11,723,830 245,101,375 4,315,926 274,156,740 3,278,852 302,583,497 -6,053,486 239,047,889 1,129,082 275,285,822 12,548,631 315,132,128 -4,060,325 234,987,564 -1,507,157 273,778,665 4,273,141 319,405,269 -7,591,692 227,395,872 1,187,677 274,966,342 6,279,297 325,684,566

792,565 228,188,437 -1,767,068 273,199,274 4,963,363 330,647,929 -5,467,687 222,720,750 -8,424,635 264,774,639 6,564,094 337,212,024 6,872,168 229,592,918 658,070 265,432,709 -117,694 337,094,329

-5,667,156 223,925,761 -7,332,115 258,774,188 1,021,120 338,115,449 February includes $14,710,420.58 paid for Lost Tree Islands land acquisition. August includes $5,291,752.25

Fiscal Year 2005-2006 Fiscal Year 2006-2007 Fiscal Year 2007-2008 Net Change Month End Bal" Net Change Month End Bal" Net Change Month End Bal"

-307,031 337,808,418 -16,066,046 420,243,015 -15,594,572 369,309,192 12,620,923 350,429,341 7,068,648 427,311,663 4,873,265 374,182,457 60,506,809 410,936,150 54,345,770 481 ,657,433 44,035,963 418,218,420 -1,693,683 409,242,467 -6,513,556 475,143,877 -6,833,630 411,384,790 2,577,994 411,820,461 -3,460,602 471,683,275 -11,931,277 399,453,513 1 '189,442 413,009,903 -3,760,334 467,922,941 -1,755,364 397,698,149 1,390,143 414,400,046 -5,375,878 462,547,063 -28,469,773 369,228,376 4,216,157 418,616,203 -19,141,070 443,405,993 -19,429,167 349,799,209

-8,346,021 410,270,182 -24,657,383 418,748,610 -11,620,582 338,178,627 43,026,893 453,297,075 -15,447,289 403,301,321 0

-17,200,374 436,096,701 -15,575,946 387,725,375 0 212,360 436,309,061 -2,821,611 384,903,764 0

rec'd $50Mil in bond 7/6/06 Large exp inc: fire stations, county adm bldg, utilities op center, jail, road improvements & utility work

"Schedule represents total assets in 801 fund-including portfolio accounts, FMV adjustments, and cash in bank PLUS GIC reserve Source: Balance Sheet for fund 801 (run by month)

Board Investment Report 6302008\Sch 6 Cash Flow

22


Interest Earnings Analysis Comparison of Two Fiscal Years With Current Fiscal Year

June 30, 2008 Portfolio

Agency Instruments SBA Bank FLGIT FLSAFE Federated $ Mkt 12

Based Upon Interest Interest Interest Interest Month Interest Interest Fiscal Year Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return

Oct-05 $ 755,758 3.08% $ 186,887 3.77% $ 10,419 4.28% $ (8,054) 0.73% $ - 0.00% $ - 0.00% Nov-05 $ 734,500 3.14% $ 191,044 3.98% $ 11,978 4.50% $ 46,252 1.51% $ - 0.00% $ - 0.00% Dec-05 $ 788,708 3.35% $ 375,022 4.23% $ 17,845 4.72% $ 56,736 1.57% $ - 0.00% $ - 0.00% Jan-06 $ 948,658 3.59% $ 424,153 4.37% $ 8,991 4.79% $ 28,352 1.73% $ - 0.00% $ - 0.00% Feb-06 $ 1,010,242 3.74% $ 305,710 4.56% $ 11,330 4.99% $ 28,139 2.12% $ - 0.00% $ - 0.00% Mar-06 $ 1,102,283 3.85% $ 292,232 4.65% $ 10,716 5.09% $ 17,405 2.33% $ - 0.00% $ - 0.00% Apr-06 $ 1,098,228 4.10% $ 283,394 4.85% $ 12,619 5.29% $ 49,914 2.13% $ - 0.00% $ - 0.00%

May-06 $ 1,154,640 4.37% $ 309,286 5.03% $ 13,163 5.44% $ 26,452 1.90% $ - 0.00% $ - 0.00% Jun-06 $ 1,231,975 4.41% $ 248,900 5.17% $ 11,892 5.49% $ 31,436 1.84% $ - 0.00% $ - 0.00% Jul-06 $ 1,400,412 4.52% $ 337,993 5.35% $ 16,076 5.74% $ 97,835 2.86% $ - 0.00% $ - 0.00%

Aug-06 $ 1,392,737 4.55% $ 270,943 5.39% $ 20,286 5.75% $ 109,183 2.92% $ - 0.00% $ - 0.00% Sep-06 $ 1,351,904 4.55% $ 258,922 5.39% $ 19,822 5.75% $ 84,878 3.76% $ - 0.00% $ - 0.00%

Oct-06 $ 1,313,091 4.55% $ 263,042 5.37%, $ 14,022 5.75% $ 66,669 4.28% $ - 0.00% $ - 0.00% Nov-06 $ 1,305,778 4.55% $ 255,565 5.38% $ 19,532 5.75% $ 104,005 4.63% $ - 0.00% $ - 0.00% Dec-06 $ 1,389,411 4.60% $ 383,596 5.40% $ 17,454 5.74% $ 6,142 4.28% $ - 0.00% $ - 0.00% Jan-07 $ 1,425,115 4.67% $ 413,225 5.38% $ 13,261 5.75% $ 22,304 4.22% $ - O:OO% $ - 0.00% Feb-07 $ 1,483,417 4.76% $ 323,030 5.38% $ 15,647 5.76% $ 144,330 4.94% $ - 0.00% $ - 0.00% Mar-07 $ 1,496,689 4.76% $ 308,344 5.39% $ 17,000 5.76% $ 69,013 5.25% $ - 0.00% $ - 0.00% Apr-07 $ 1,402,797 4.78% $ 338,795 5.39% $ 22,873 5.75% $ 55,760 5.28% $ - 0.00% $ - 0.00% May-07 $ 1,333,502 4.78% $ 423,105 5.43% $ 25,197 5.75% $ (23,193) 4.92% $ - 0.00% $ - 0.00% Jun-07 $ 1,251,712 4.80% $ 404,560 5.39% $ 21,927 5.75% $ 29,981 4.89% $ - 0.00% $ - 0.00% Jul-07 $ 1,279,480 4.92% $ 326,590 5.40% $ 28,464 5.72% $ 96,247 4.82% $ - 0.00% $ - 0.00%

Aug-07 $ 1,233,830 4.97% $ 290,836 5.42% $ 45,618 5.39% $ 63,680 4.47% $ - 0.00% $ - 0.00% Sep-07 $ 1,131,691 5.00% $ 339,071 5.77% $ 43,087 5.32% $ 147,724 4.80% $ - 0.00% $ - 0.00%

Oct-07 $ 1,119,927 4.92% $ 413,153 5.62% $ 36,245 5.15% $ 78,792 4.85% $ - 0.00% $ - 0.00% Nov-07 $ 1,276,459 4.39% $ - 0.00% $ 34,599 4.88% $ 179,887 5.29% $ - 0.00% $ - 0.00% Dec-07 $ 1,255,188 4.35% $ 69,622 4.81% $ 40,844 4.60% $ 64,325 5.63% $ - 0.00% $ 13,010 3.31% Jan-08 $ 1,147,620 4.04% $ 66,968 4.62% $ 24,720 4.38% $ 247,365 6.99% $ - 0.00% $ 71,063 3.09%

Feb-08 $ 1,052,746 3.77% $ 42,191 3.68% $ 20,819 3.43% $ 124,046 6.81% $ - 0.00% $ 58,471 2.31%

Mar-08 $ 982,305 3.75% $ 37,349 3.07% $ 21,110 3.06% $ (127,360) 5.61% $ - 0.00% $ 36,321 1.87% Apr-08 $ 956,337 3.60% $ 32,255 2.74% $ 19,094 2.52% $ (121,691) 4.65% $ - 0.00% $ 8,000 1.34%

May-08 $ 927,295 3.57% $ 26,717 2.49% $ 23,476 2.29% $ (7,879) 4.73% $ - 0.00% $ 10,201 1.28% Jun-08 $ 873,856 3.58% $ 13,474 2.43% $ 20,870 2.32% $ 39,980 4.90%, $ 4,031 2.48% $ 18,794 1.45%

Notes: 1) "Investments" is accrued interest on coupon instruments.

2) "SBA" is cash received on the State Board of Administration local government investment pool.

3) "Bank Accounr is cash received on the overnight Investment of the County's cash In the bank (avg federal funds rate+ 1/2 pt)

4) "FLGIT" ls the change in market value of the Florida local Government Investment Trust account. A monthly return is not available; consequently, the 12 month return is provided

5) "FLSAFE Is an investment pool. Interest Is posted on the last day of the month. Return reflects monthly annualized yield.

6) Federated Money Markel Fund is 100% US Treasury investments and post interest on the last day of the month. Return reflected is 30-day yield.

5) Average return is computed by dividing total interest income for the month by the monthly cash balances listed on schedule 6. Excluded is the Dodgertown reserve.

6) Source of one-year treasury rates is the Federal Reserve website.

"' W Board Investment Report 6302008\Sch 7 lnt Earnings

GIC Benchmark One Year

Interest Average Constant Earned Return Total Return Return Maturit

$ 14,773 5.65% $ 959,783 3.41% 4.18% $ 14,773 5.65% $ 998,547 3.42% 4.33% $ 14,773 5.65% $ 1,253,084 3.66% 4.35% $ 14,773 5.65% $ 1,424,927 4.18% 4.45% $ 14,773 5.65% $ 1,370,194 3.99% 4.68% $ 14,773 5.65% $ 1,437,409 4.18% 4.77% $ 14,773 5.65% $ 1,458,928 4.22% 4.90% $ 14,773 5.65% $ 1,518,314 4.35% 5.00% $ 14,773 5.65% $ 1,538,976 4.50% 5.16% $ 14,773 5.65% $ 1,867,089 4.94% 5.22% $ 14,773 5.65% $ 1,807,922 4.97% 5.08% $ 14,773 5.65% $ 1,730,299 4.76% 4.97%

$ 14,773 5.65% $ 1,671,597 4.77% 5.01% $ 14,773 5.65% $ 1,699,653 4.77% 5.01% $ 14,773 5.65% $ 1,811,376 4.51% 4.94% $ 14,773 5.65% $ 1,888,678 4.77% 5.06% $ 14,773 5.65% $ 1,981,197 5.04% 5.05% $ 14,773 5.65% $ 1,905,819 4.89% 4.92% $ 14,773 5.65% $ 1,834,998 4.76% 4.93% $ 14,773 5.65% $ 1,773,384 4.80% 4.91% $ 14,773 5.65% $ 1,722,953 4.94% 4.96% $ 14,773 5.65% $ 1,745,554 5.19% 4.96% $ 14,773 5.65% $ 1,648,737 5.10% 4.47% $ 14,773 5.65% $ 1,676,346 5.23% 4.14%

$ 14,773 5.65% $ 1,662,890 5.40% 4.10% $ 14,773 5.65% $ 1,505,718 4.83% 3.50% $ 14,773 5.65% $ 1,457,762 4.18% 3.26% $ 14,773 5.65% $ 1,572,509 4.59% 2.71% $ 14,773 5.65% $ 1,313,046 3.94% 2.05% $ 14,773 5.65% $ 964,498 2.91% 1.54% $ 14,773 5.65% $ 908,768 2.95% 1.74% $ 14,773 5.65% $ 994,583 3.41% 2.06% $ 14,773 5.65% $ 985,778 3.50% 2.42o/~


Allocation of Cash and Investments By Fund Types Balance in Funds as of June 30, 2008

General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Shooting Range Fund Golf Course Fund Building Fund Utilities Funds Housing Authority Fund Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments

Pooled .Investments $ 59,619,601 $ 107,538,735 $ 3,456,814 $ 24,641 ,492 $ 36,507,426 $ 597,508 $ 771,080 $ 4,458,469 $ 85,241 ,382 $ 89,994 $ 325,075 $ 10,503,342 $ 165,010 $ 4,262,699 $ 338,178,627

Includes all pooled investments, FMV adjustments, and cash in bank.

Board Investment Report 6302008\Sch 8 Allocations

24

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: JULY 10,2008

SUBJECT: APPROVAL OF WARRANTS -JULY 3, 2008 THRU JULY 10, 2008

FROM: DIANE BERNARDO, FINANCE DIRECTOR

n0. z;tJ

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 July 03, 2008 to July 10, 2008.

Attachment:

DB:AH

25

CHECKNBR 218239 218240 218241 218242 218243 218244 218245 218246 218247 218248 218249 218250 218251 218252 218253 218254 218255 218256 218257 218258 218259 218260 218261 218262 218263 218264 218265 218266 218267 218268 218269 218270 218271 218272 218273 218274 218275 218276 218277 218278 218279 218280 218281 218282 218283 218284 218285 218286 218287 218288 218289 218290 218291 218292 218293 218294 218295 218296

CKDATE 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/9/2008 1 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008

CHECKS WRITTEN

VENDOR ILLINOIS STATE DISBURSEMENT UNIT CHAPTER13TRUSTEE V B FIREFIGHTERS ASSOC I R FEDERAL CREDIT UNION COMPBENEFITS COMPANY AMERICAN FAMILY LIFE ASSURANCE CO SAN DIEGO COUNTY OFFICE OF THE PENNSYLVANIA SCDU NEW JERSEY FAMILY SUPPORT CENTER INDIAN RIVER CO BOCC ADMIN FOR CHILD SUPPORT ENFORCEMENT OHIO CHILD SUPPORT EVERGLADES FARM EQUIPMENT CO INC PORT CONSOLIDATED INC PARKS RENTAL & SALES INC STURGIS LUMBER & PLYWOOD

. GOOD KNIGHT LAWN EQUlPMENT INC INDIAN RIVER AUTO PARTS LLC INDIAN RIVERAUTOPARTSLLC ROBINSON EQUIPMENT COMPANY INC FISHER SCIENTIFIC COMPANY VERO CHEMICAL DISTRIBUTORS INC HARRISON UNIFORMS TOSHIBA BUSINESS SOLUTIONS FLORIDA TOSHIBA BUSINESS SOLUTIONS FLORIDA IKON OFFICE SOLUTIONS SCOTTS SPORTING GOODS KIMLEY HORN & ASSOCIATES MATRX MEDICAL INC NORTH SOUTH SUPPLY VELDE FORD INC UNIVERSAL SIGNS & ACCESSORIES SAFETY PRODUCTS INC STEWART MINING INDUSTRIES DICKERSON AGGREGATES INC SERVICE REFRIGERATION P ARALEE COMPANY INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY GRAINGER INDUSTRIAL SUPPLY INDIAN RIVER OXYGEN INC GENES AUTO GLASS SAFETY KLEEN SYSTEMS INC FLORIDA COCA-COLA BOTTLING CO BRIGGS EQUIPMENT ALPHA HARDWARE DEMCOINC VERO LA WNMOWER CENTER THE GALE GROUP AMERIGAS INC MIKES GARAGE & WRECKER SERVICE SUNRISE TRACTOR DAILY COURIER SERVICE INC APPLE INDUSTRIAL SUPPLY CO HACHCO HICKMANS BRAKE & ALIGNMENT

AMOUNT 142.32

2,198.31 5,670.00

61,466.97 395.96 107.86 132.25 300.00

50.00 5,357.58

299.36 235.39 273.98

65,765.59 114.00

3.58 31.44

1,075.16 604.71 270.32 316.80

1,318.70 618.28 108.72 32.31

233.36 1,925.76

32,419.80 2,254.45

435.41 471.61 357.50 365.50 927.84

3,189.00 137.50

7,683.05 258.44 200.84

25.96 285.90

72.13 2,199.00

205.00 521.72 349.12

3,927.51 142.43 201.19

1,256.Ql 806.41

3,538.79 330.00 118.34 117.00 394.78 374.70 202.50

1 26

CHECKNBR 218297 218298 218299 218300 218301 218302 218303 218304 218305 218306 218307 218308 218309 218310 218311 218312 218313 218314 218315 218316 218317 218318 218319 218320 218321 218322 218323 218324 218325 218326 218327 218328 218329 218330 218331 218332 218333 218334 218335 218336 218337 218338 218339 218340 218341 218342 218343 218344 218345 218346 218347 218348 218349 218350 218351 218352 218353 218354 218355 218356

CKDATE 7110/2008 7/10/2008 7/10/2008 7/10/2008 711012008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008

VENDOR LABOR FINDERS INC MEDTRONIC PHYSIO CONTROL CORP ABSUSA MASTELLER MOLER REED & TAYLOR INC DEEP SIX DIVE SHOP INC RELIABLE SEPTIC AND SERVICE HD SUPPLY WATERWORKS, LTD ALL-RlTE WATER CONDITIONING VERO BEARING & BOLT BRODART VIDEO SKATE FACTORY FLORIDA VETERINARY LEAGUE FIRESTONE COMPLETE AUTO CARE ABCO GARAGE DOOR CO GOLF AFFILITIES SCORECARD CO HOMELAND IRRIGATION XEROX CORP SUPPLIES XEROX CORP SUPPLIES CARQUEST AUTO PARTS BAKER & TAYLOR ENTERTAINMENT BAKER & TAYLOR ENTERTAINMENT HIGHLANDS ANIMAL HOSPITAL MIDWEST TAPE RECORDED BOOKS BASS CARLTON SOD INC ARAMARK UNIFORM SERVICES LOWES CO INC ODYSSEY MANUFACTURING CO BAKER DISTRIBUTING CO SUN BELT MEDICAL PALM TRUCK CENTERS INC KRUGER INC NORTRAX EQUIPMENT CO FLORIDA BOLT & NUT CO COMMUNITY ASPHALT CORP HARBOR BRANCH ENVIRONMENTAL LAB INC SANDY PINES GRACES LANDING LTD CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH RUBBER STAMP EXPRESS & MORE INC AT&T FLORIDA GOVERNMENT FINANCIAL JANITORIAL DEPOT OF AMERICA FLORIDA FISH & WILDLIFE PUBLIX PHARMACY PUBLIX PHARMACY WALMART WALMART INDIAN RIVER COUNTY UTILITIES INDIAN RIVER COUNTY UTILITIES DUMONT COMPANY, INC OFFICE DEPOT BSD CUSTOMER SVC ST JOHNS RIVER WATERMGMT DISTRICT FEDERAL EXPRESS KMART COMO OIL COMPANY OF FLORIDA LIBERTY FLAGS INC PERKINS INDIAN RIVER PHARMACY

AMOUNT 459.38

1,133.30 3,613.56

15,912.00 97.60

9,740.00 3,608.02

597.50 209.40 102.92 536.25 210.00 655.80 211.50 900.00

46.61 3,036.55

583.00 1,410.91 2,127.34

727.50 149.50 315.12 179.20 50.00

2,012.87 78.28

11,370.00 470.34

2,709.82 603.08

25,476.39 262.04 289.79 152.76 990.00

38.00 274.00

70.56 77,353.63

260.82 34.11 62.00 26.00

1,681.61 5,678.84

86.95 82.22

414.65 89.54

111.32 5,809.01 1,226.50 1,251.94 1,000.00

118.12 31.40

668.06 672.00 391.70

2 27

CHECKNBR 218357 218358 218359 218360 218361 218362 218363 218364 218365 218366 218367 218368 218369 218370 218371 218372 218373 218374 218375 218376 218377 218378 218379 218380 218381 218382 218383 218384 218385 218386 218387 218388 218389 218390 218391 218392 218393 218394 218395 218396 218397 218398 218399 218400 218401 218402 218403 218404 218405 218406 218407 218408 218409 218410 218411 218412 218413 218414 218415 218416

CKDATE 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 711012008 7/10/2008 7110/2008 7110/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7110/2008 7/10/2008

VENDOR NEXTEL COMMUNICATIONS PRIDE ENTERPRISES INC SCRIPPS TREASURE COAST PUBLISHING SIEMENS BUILDING TECHNOLOGIES INC TIMOTHY ROSE CONTRACTING INC TRAFFIC PARTS INC VERO HERITAGE INC ATLANTIC REPORTING INC UNDERGROUND UTILITIES INC CALLAWAY GOLF FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT SHELL CREDIT CARD CENTER UNITED STATES LIFESAVING AS SOCIA TN AMERICAN PLANNING ASSOCIATION VETERANS COUNCIL OF I R C STATE ATTORNEY CITY OF FELLSMERE BARRYSORNAMENTALIRON WASTE MANAGEMENT CONSOLIDATED BUSINESS SYSTEMS INC JAMES W DAVIS FLORIDA DEPT OF ENVIRONMENTAL PROTECTION HOMELESS FAMILY CENTER INC HOMELESS FAMILY CENTER INC BARKER ELECTRIC, AIR CONDITIONING AGENCY FOR HEALTH CARE ADMIN COX GIFFORD SEA WINDS BE SAFE SECURITY ALARMS INC L WALTON ELECTRIC INC PETTY CASH CLEAR ZONE MAINTENANCE INC COM CAST REGATTA CONSTRUCTION LLC AIR GAS BROADCASTERS GENERAL STORE C & C ELECTRIC WORKS INC CENTER POINT LARGE PRINT SHRIEVE CHEMICAL CO BANK OF AMERICA GATOR'S SOD AMERITREND HOMES RECHTIEN INTERNATIONAL HABITAT FOR HUMANITY WRIGHT, TIM SANDRIDGE INC ARCADIS US INC THE PALMS AT VERO BEACH MICHAEL J. QUIGLEY MRMULCH ROWMAN & LITTLEFIELD FLAGLER CONSTRUCTION EQUIPMENT LLC GREAT SOUTHERN CONSTRUCTION MT ZION AME CHURCH JEAN PETERS RAISA SENDROVICH BUDGET NOTARY SERVICES US FOODSERVICE US BANK

AMOUNT 38.92

2,240.00 1,203.27

445.00 3,835.50 3,886.00 4,794.50

125.00 949.52

1,632.67 7,666.84 1,585.20 2,490.19

167.61 540.00

1,948.00 9,087.21 1,974.92

196.19 900.00 510.55 135.00 497.84 500.00

13,702.89 6,960.55 1,151.00

39,479.72 600.00 239.70 100.00 170.05

15,525.00 78.14

14,575.55 57.20

362.00 2,878.00

265.21 2,170.88

38,077.17 100.00 51.27 93.49 25.46 33.59

100.00 33,150.00

400.00 460.00 208.81 412.98 724.60 913.97

50.00 400.00 410.00 122.93 204.13 566.99

3 28

CHECKNBR CKDATE VENDOR AMOUNT 218417 7/10/2008 AARON LEVY 17.09 218418 7/10/2008 VANWALINC 769.00 218419 7/1012008 TRL ENTERPRJSES 49.50 218420 7/10/2008 COMPLETE CLEANING SERVICE 1,410.00 218421 7/10/2008 TINA BAKER CLEANING 450.00 218422 7/10/2008 ALAN LEWIS HILL 395.35 218423 7/10/2008 JOSE RODRJGUEZ 27.77 218424 7/10/2008 JOHNS EASTERN COMPANY INC 6,490.51 218425 7/10/2008 CAPP CUSTOM BUILDERS INC 335.41 218426 7/10/2008 THOMAS BOUREGY & CO INC 139.50 218427 7/10/2008 MARONDA HOMES 109.53 218428 7/10/2008 MARONDA HOMES 139.54 218429 7/10/2008 CAPITAL OFFICE PRODUCTS 448.90 218430 7/10/2008 DICKERSON FLORIDA INC 88,312.69 218431 7/10/2008 D P SERVICE COMMERCIAL CLEANING 800.00 218432 7110/2008 HARCROS CHEMICALS, INC. 7,144.28 218433 7/10/2008 AMERJCAN LIBRARY SALES 220.76 218434 7110/2008 DONNELL!, GLORJA 63.00 218435 7/10/2008 TREASURE COAST FOOD BANK 531.25 218436 7/10/2008 MINNER, DIANA 40.82 218437 7110/2008 PASSAGE ISLAND HOMES INC 104.72 218438 7/10/2008 DAVID ADAM CLETZER 207.82 218439 7/10/2008 FLORJDA CONCRETE PIPE CORP 3,406.96 218440 7/1012008 1ST FIRE & SECURJTY INC 1,491.00 218441 7/1012008 CORAL GARDENS LLC 2,000.00 218442 7/1012008 GHO VERO BEACH INC 89.66 218443 7/10/2008 GHO VERO BEACH INC 73.58 218444 7/10/2008 GHO VERO BEACH INC 73.72 218445 7/10/2008 MILLERS HEALTH MART PHARMACY 20.25 218446 7/10/2008 MCDOWELL, JOHN H 60.58 218447 7/10/2008 DIAL 411 16.40 218448 7/10/2008 TECHLINE SPORTS LIGHTING LP 6,092.20 218449 7/1012008 DAWN E MILLER 410.00 218450 7/10/2008 PEARSAUL,GREGORY 30.17 218451 7/10/2008 MUNICIPAL WATER WORKS 31,950.00 218452 7/1012008 BRJTTANY CAMPBELL 150.00 218453 7/10/2008 TAMEARA NEELY 50.00 218454 7/10/2008 PRUDENTIAL STAR REAL ESTATE 80.69 218455 7/10/2008 INFOR GLOBAL SOLUTIONS INC 2,224.88 218456 7110/2008 THOMPSON F ABRJCA TING 25,582.00 218457 7/10/2008 THOMPSON FABRlCA TING 3,500.00 218458 7110/2008 GOLDEN HARVEST INC 1,589.50 218459 7/10/2008 POLICASTRO & LEROUX PA 5,402.55 218460 7/10/2008 MERCEDES HOMES INC 45.78 218461 7/1012008 MELISSA STRA WTER 50.00 218462 7/10/2008 SEEP EX 20,425.00 218463 7/10/2008 TO USA HOMESffiBA ENGLE HOMES 29.66 218464 7/10/2008 TO USA HOMESffiBA ENGLE HOMES 78.69 218465 7110/2008 UP TO CODE INC 6,400.00 218466 7/10/2008 MEREDITH BROWN 208.00 218467 7/10/2008 DI YOST A HOMES L P 161.22 218468 7/1012008 DI YOST A HOMES L P 62.09 218469 7/10/2008 DI VOSTA HOMES L P 18.36 218470 7/10/2008 DI VOSTA HOMES L P 72.81 218471 7/10/2008 CENTEX HOMES 49.93 218472 7/10/2008 CENTEX HOMES 68.93 218473 7/10/2008 CENTEX HOMES 66.54 218474 7/10/2008 CENTEX HOMES 55.74 218475 7/10/2008 LENNAR HOMES 22.57 218476 7/10/2008 GL HOMES BUILDING CORP 94.46

4 29

CHECKNBR 218477 218478 218479 218480 218481 218482 218483 218484 218485 218486 218487 218488 218489 218490 218491 218492 218493 218494 218495 218496 218497 218498 218499 218500 218501 218502 218503 218504 218505 218506 218507 218508 218509 218510 218511 218512 218513 218514 2 I 8515 218516 218517 218518 218519 218520 218521 218522 218523 218524 218525 218526 218527 218528 218529 218530 218531 218532 218533 218534 218535 218536

CKDATE 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008

VENDOR DE MARCO, TRACY RATNER COMPANIES LC MATTRESS MARKET SMITHS GROCERY PADRICA DAVIS-SCHOFIELD CORRIPIO, JOE LAMM, CHRISTINE REED, WALTERR ANDREWS, WILLIAM G COCHRAN, JAMES NICHOLSON, IAN KRELL, JEFFREY CUBA, BRUNO SONSTEIN, LORIE & STEPHEN HELMS, JOHN CONGER, GEORGE AGUSTIN, GORGONIA S KENDALL, ROLAND CAVANAUGH JAMES OR MARY OVIATT, WENDYK HALL, BRENDA GOVONI, DONNA LAFFEY AUXILA, PAUL CHARLIE JAMES BRISTOL CHALLACOMBE, JONROB LIPPA, VALERIE J LEVEY, BRUCE SUTTON, RONALD W RANDOLPH MEADE III COBAS, CALIXTO VAN WITZENBERG, JOHN IRC TAX COLLECTOR NAZTECINC ADKINS, MONY A LEE WEIGHT WATCHERS INC POLY PROCESSING COMPANY HERITAGE VILLAS OF VERO SOUTHERN CLASSIC HOMES SIGNATURE SERIES US KIDS GOLF DYER CHEVROLET CINTAS LOUIS PRYOR SUPPLY DEUTSCHE BANK NA TL TRUST THE QUICK FIX LARRY CARMODY COASTAL FRAME & TRIM INC WEST SHORE JUNIOR SENIOR HIGH PAUL P ALESTRINI STEPHENSON, PAMELA & FREDERIC MORALES JR, GEORGE CHRISTENSEN, AUDREA C SCHMALING, BRUCE SABONJOHN, DIANE OSBORNE, STEPHANIE JO & LEVI PEOPLES, YOLANDA SOLDERICH, JOSEPH SPAGNUOLO, MARYANN BROOMALL, ERIC MARTIN, CAROLS RICHON, MATHIEU

AMOUNT 81.48

6.66 49.70

9.01 50.00

9.47 76.97 47.12 43.15 80.49 41.77 36.67 30.41

121.68 68.22 10.91 29.04 39.50 40.00 10.83 43.15 20.52 80.06

300.00 35.80 51.13 64.60 42.21

100.00 30.69 80.02

247.53 55,206.00

15.14 3,829.00

51,000.00 87.80 14.26

101.69 25.74

237.91 958.05

2.74 760.00 570.34

3,129.28 36.87

450.00 12.22 4.67

18.93 20.88 31.03 40.54 55.92

3.31 61.51 67.09 39.53 33.61

5 30

CHECKNBR 218537 218538 218539 218540 218541 218542 218543 218544 218545 218546 218547 218548 218549 218550 218551 218552 218553 218554 218555 218556 218557 218558 218559 218560 218561 218562 218563 218564 218565 218566 218567 218568 218569 218570 218571 218572 218573 218574 218575 218576 218577 218578 218579 218580 218581

Grand Total:

CKDATE 7/10/2008 7/10/2008 7/10/2008 7110/2008 7110/2008 7110/2008 7110/2008 711012008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7110/2008 711012008 7110/2008 7110/2008 7/10/2008 7110/2008 7110/2008 7110/2008 7110/2008 7110/2008 7110/2008 7110/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7/10/2008 7110/2008 7/10/2008 7110/2008 7110/2008 7/10/2008

VENDOR FLORIDA REAL ESTATE ADMIN SVCS INC US BANK NATIONAL ASSOC EVANS, JANIA M LIEBLER, DR JOHN B MCKENZIE, RUBY ADAMS, SCOTT MOUNTS, FRANK KLEIN, PATSY HAMMOCK, LYNDA PITKIN, JENNA C PETERS, DERRICK KNOLL, ARIES WESLOSKI, DIANA E CRAWFORD, SONY A RHODES, THOMAS T & GERELDA MANZI, GERMAN CAVANAUGH, MATTHEW WASHINGTON MUTUAL BANK ZEPEDA, LUIS RUNGE, AMY STREETER, JOHN MCKENZIE, THOMAS LEE, ERIKA MUDAFORT RILEY, JASON & CRYSTAL NOVAK, MARK D MORINE, JOHN THOMAS, SHANITA ONSGARD, KENDRA ROBERTS, DEBORAH H BAIOCO, AZUERK K & TADEU DONOGHUE, JOHN P EXPERTECH NETWORK INSTALLATION GEOSYNTEC CONSULTANTS EW AR, MISHELL G GARDNER, MICHAEL P VINNIE VERRELL! WILLIAM FONCHAM SCOTT NEWKIRK NEW HORIZONS COMPUTER LEARNING CENTER ED STRNAD MIKKI KRIEDARD JODI MC CORMICK JOY KING TRACY ALLEN MARIE DENSON

AMOUNT 38.07

2.74 2.74

33.72 7.11

29.04 39.50 39.50 28.02 34.39 34.39 22.65 46.30 35.11

261.98 81.48 11.45

203.52 7.90

26.56 46.99 26.56 20.29 18.39 3.48

31.84 2.14

66.72 30.85 61.44 76.73

377.00 203.88

9.27 37.11

400.00 30.00

7.57 1,500.00

300.00 50.00 50.00 50.00 40.00 50.00

967,131.30

6 31




DATE: JULY 17,2008

SUBJECT: APPROVAL OF WARRANTS-JULY 11, 2008 THRU JULY 17, 2008




Attachment:

DB:AH

32

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 218582 7115/2008 B/C B/S HEALTH INS-TRUST PAYROLL 101,790.00 218583 7/15/2008 B/C B/S OF FL ADM FEE 53,376.00 218584 7115/2008 I R C HEALTH INSURANCE- TRUST 477,970.62 218585 7115/2008 UNIPSYCH BENEFITS OF FL INC 5,629.50 218586 7115/2008 SYMETRA LIFE INSURANCE COMPANY 13,193.88 218587 7/15/2008 INDIAN RIVER CO BOCC 250.29 218588 7/15/2008 FORT DEARBORN LIFE INSURANCE 13,777.40 218589 7/15/2008 FORT DEARBORN LIFE INSURANCE 4,873.70 218590 7117/2008 EVERGLADES FARM EQillPMENT CO INC 906.49 218591 7/17/2008 ALL POWER SERVICES INC 280.00 218592 7/17/2008 CLEMENTS PEST CONTROL 951.00 218593 7/17/2008 PORT CONSOLIDATED INC 96,553.23 218594 7117/2008 DEPENDABLE DODGE INC 38.78 218595 7117/2008 GOODKNIGHT LAWN EQUIPMENT INC 4,218.36 218596 7/17/2008 SUN COAST WELDING SUPPLIES INC 76.14 218597 7/17/2008 INDIAN RIVER AUTO PARTS LLC 1,185.41 218598 7117/2008 INDIAN RIVER AUTO PARTS LLC 2,041.37 218599 7/17/2008 COMMUNICATIONS INTERNATIONAL 11,999.50 218600 7/17/2008 TEN-8 FIRE EQUIPMENT INC 4,959.52 218601 7117/2008 VERO CHEMICAL DISTRIBUTORS INC 1,020.45 218602 7117/2008 TOSHIBA BUSINESS SOLUTIONS FLORIDA 399.96 218603 7117/2008 SCOTTS SPORTING GOODS 748.00 218604 7/17/2008 KIMLEY HORN & ASSOCIATES 10,600.00 218605 7/17/2008 MATRX MEDICAL INC 1,586.50 218606 7117/2008 NORTH SOUTH SUPPLY 26.81 218607 7/17/2008 VELDE FORD INC 813.72 218608 7117/2008 SAFETY PRODUCTS INC 712.92 218609 7/17/2008 RUSSELL CONCRETE INC 783.75 218610 7117/2008 DICKERSON AGGREGATES INC 22,594.88 218611 7117/2008 COLD AIR DISTRIBUTORS WAREHOUSE 79.67 218612 7117/2008 E-Z BREW COFFEE & BOTTLE WATER SVC 42.97 218613 7117/2008 INDIAN RIVER BATTERY 1,121.65 218614 7117/2008 INDIAN RIVER OXYGEN INC 141.00 218615 7/17/2008 CAMCO SERVICES INC 500.00 218616 7117/2008 VERO MARINE CENTER INC 30.60 218617 7117/2008 FLORIDA COCA-COLA BOTTLING CO 607.44 218618 7117/2008 TREASURE COAST REFUSE 1,004.57 218619 7117/2008 JACOBS AIR WATER SYSTEMS 85,000.00 218620 7117/2008 ACTION ANSWERING SERVICE 382.80 218621 7117/2008 VERO LA WNMOWER CENTER 6,149.99 218622 7117/2008 BBC AUDIOBOOKS AMERICA 708.35 218623 7/17/2008 INGRAM LIBRARY SERVICES !NV 17.34 218624 7117/2008 F&W PUBLICATIONS 1,810.87 218625 7117/2008 UL VERSCROFT LARGE PRINT BOOKS 574.64 218626 7/17/2008 THE GALE GROUP 88.13 218627 7117/2008 DAVIDSON TITLES INC 747.03 218628 7/17/2008 ALBERTSONS SOUTHCO #4357 122.56 218629 7/17/2008 ACTION TRANSMISSION & AIC SERVICE 620.44 218630 7117/2008 AMERIGAS INC 2,760.20 218631 7/17/2008 MIKES GARAGE & WRECKER SERVICE 195.00 218632 7117/2008 SUNRISE TRACTOR 225.02 218633 7117/2008 DAVES SPORTING GOODS & TROPHIES 100.00 218634 7117/2008 DAILY COURIER SERVICE INC 615.00 218635 7117/2008 INDIAN RIVER MEDICAL CENTER 2,272.23 218636 7/17/2008 LABOR FINDERS INC 1,261.76 218637 7117/2008 ICI PAINTS 241.83 218638 7/17/2008 CLIFF BERRY INC 82.75 218639 7117/2008 ACTION DIESEL 585.91

33

CHECKNBR CKDATE VENDOR AMOUNT 218640 7117/2008 ABSUSA 560.76 218641 7117/2008 SOUTHWEST ENGINEERS 300.00 218642 7/17/2008 PERKINS MEDICAL SUPPLY 488.33 218643 7/17/2008 WATER SAFETY PRODUCTS 4,274.00 218644 7/17/2008 BERN AN 133.56 218645 7/17/2008 R R BOWKER LLC 322.92 218646 7/17/2008 MEEKS PLUMBING INC 568.85 218647 7117/2008 RAM MEDIA 8,319.00 218648 7/17/2008 HD SUPPLY WATERWORKS, LTD 30,372.24 218649 7/17/2008 BOUNDTREE MEDICAL 507.10 218650 7117/2008 PETES CONCRETE 1,675.00 218651 7117/2008 EGP INC 240.00 218652 7/17/2008 BRODART VIDEO 52.66 218653 7117/2008 FLORIDA VETERINARY LEAGUE 266.00 218654 7117/2008 ELPEXINC 943.55 218655 7117/2008 FIRESTONE COMPLETE AUTO CARE 3,563.69 218656 7117/2008 ST LUCIE BATTERY & TIRE CO 231.72 218657 7117/2008 MORNING STAR APPAREL 175.00 218658 7/17/2008 BARTH CONSTRUCTION INC 4,390.00 218659 7/17/2008 CARTER ASSOCIATES INC 25,140.41 218660 7/17/2008 CHILDCARE RESOURCES 23,333.44 218661 7/17/2008 CHILDCARE RESOURCES 625.00 218662 7/17/2008 ALLIED UNIVERSAL CORP 11,155.70 218663 7/17/2008 ARMFIELD WAGNER APPRAISAL INC 1,575.00 218664 7/17/2008 R & G SOD FARMS 155.00 218665 7/17/2008 VEROBOWL 273.00 218666 7117/2008 XEROX CORP SUPPLIES 997.85 218667 7/17/2008 CARQUEST AUTO PARTS 1,281.97 218668 7117/2008 GOODYEAR AUTO SERVICE CENTER 137.00 218669 7117/2008 STAMM MANUFACTURING 5,399.94 218670 7/17/2008 BAKER & TAYLOR ENTERTAINMENT 969.01 218671 7117/2008 MIDWEST TAPE 565.57 218672 7/17/2008 HARRIS SANITATION INC 95,340.41 218673 7/17/2008 RECORDED BOOKS 549.27 218674 7/17/2008 ARAMARK UNIFORM SERVICES 1,657.98 218675 7/17/2008 LOWES CO INC 856.46 218676 7/17/2008 ODYSSEY MANUFACTURING CO 23,653.50 218677 7117/2008 HUDSON PUMP & EQUIPMENT 3,678.94 218678 7117/2008 INTELECT TECHNOLOGIES INC 2,021.25 218679 7117/2008 WHEELED COACH 472.17 218680 7/17/2008 PALM TRUCK CENTERS INC 244.74 218681 7/17/2008 THE PENWORTHY COMPANY 371.53 218682 7/17/2008 SOUTHERN EMBROIDERY WORKS 262.05 218683 7/17/2008 FLORIDA BOLT & NUT CO 35.13 218684 7117/2008 RELIABLE POLY JOHN 136.50 218685 7117/2008 SEBASTIAN OFFICE SUPPLY CO 199.23 218686 7/17/2008 COMMUNITY ASPHALT CORP 10,109.23 218687 7/17/2008 HARBOR BRANCH ENVIRONMENTAL LAB INC 1,617.50 218688 7/17/2008 SANDY PINES 400.00 218689 7/17/2008 SUNSHINE PHYSICAL THERAPY CLINIC 120.00 218690 7117/2008 LINDSEY GARDENS APARTMENTS 345.00 218691 7/17/2008 WILLIE C REAGAN 200.00 218692 7/17/2008 JUNIOR LIBRARY GUILD 262.00 218693 7/17/2008 JEFFREY K BARTON 4,194.90 218694 7117/2008 JEFFREY K BARTON 25.15 218695 7/17/2008 CITY OF VERO BEACH 61.87 218696 7/17/2008 CITY OF VERO BEACH 64.28 218697 7/17/2008 CITY OF VERO BEACH 124,329.77 218698 7117/2008 CITY OF VERO BEACH 331.37 218699 7/17/2008 CITY OF VERO BEACH 1,319.69

2 34

CHECKNBR 218700 218701 218702 218703 218704 218705 218706 218707 218708 218709 218710 218711 218712 218713 218714 218715 218716 218717 218718 218719 218720 218721 218722 218723 218724 218725 218726 218727 218728 218729 218730 218731 218732 218733 218734 218735 218736 218737 218738 218739 218740 218741 218742 218743 218744 218745 218746 218747 218748 218749 218750 218751 218752 218753 218754 218755 218756 218757 218758 218759

CKDATE 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 711712008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008

VENDOR RUBBER STAMP EXPRESS & MORE INC CAMP DRESSER & MCKEE INC APPLE MACHINE & SUPPLY CO REXEL GENERAL ELEVATOR SALES & SERVICE AT&T AT&T AT&T FLORIDA DEPARTMENT OF BUSINESS AND PETTY CASH JANITORIAL DEPOT OF AMERICA TREASURE COAST HOMELESS SERVICES AMERITREND HOMES HOLIDAY BUILDERS HOLIDAY BUILDERS MARRIOTTFTLAUDERDALENORTH ON ITS WAY INDIAN RIVER COUNTY UTILITIES TOTAL TRUCK PARTS OFFICE DEPOT BSD CUSTOMER SVC BURGOON BERGER CONSTRUCTION R ZORC & SONS BUILDERS INC MERCEDES HOMES !NC CHAMBER OF COMMERCE CHANNING CORP XXIX COMO OIL COMPANY OF FLORIDA KILPATRICK TURF EQUIPMENT INC LIBERTY FLAGS INC MANPOWER DONNY LAWLESS NATIONAL RECREATION & PARKASSOC PERKINS INDIAN RIVER PHARMACY NEXTEL COMMUNICATIONS NEXTEL COMMUNICATIONS NEXTEL COMMUNICATIONS NEXTEL COMMUNICATIONS SCRIPPS TREASURE COAST PUBLISHING TIMOTHY ROSE CONTRACTING INC ATLANTIC REPORTING INC UNDERGROUND UTILITIES INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MIKE CLIFFORD CHARLES SEMBLER TAX COLLECTOR JOHN LLOYD BUILDERS KENNETH SCOTT ELLIS PUBLIC DEFENDER AMERICAN PLANNING ASSOCIATION AMERICAN PLANNING ASSOCIATION AMERICAN PLANNING ASSOCIATION AMERICAN PLANNING ASSOCIATION LYNN WALSH AMERON HOMES WASTE MANAGEMENT WASTE MANAGEMENT LANGUAGE LINE SERVICES MEDICARE PART B FINANCIAL SERVICES BOOK WHOLESALERS INC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION JIM ROMANEK

AMOUNT 17.84

53,307.07 31.60

296.57 753.81 704.68

2,135.87 4,845.96 2,883.71

20.00 762.58

8,032.03 500.00 500.00

5,000.00 278.00

54.80 998.05

2,127.77 1,818.59

500.00 1,000.00

500.00 54,106.90

1,000.00 3,383.78 1,207.77

210.00 5,285.20

72.00 135.00 352.48 880.95 177.94 38.73 35.01

269.32 209,585.54

500.00 52,172.64 47,158.06

218.92 300.00

52.85 500.00

24.48 4,129.12

178.00 350.00 350.00 350.00

26.70 500.00

210,408.59 665.48 305.76 577.58

1,333.58 500.00 500.00

3 35

CHECKNBR CKDATE VENDOR AMOUNT 218760 7/17/2008 BRENDA DAVIS 21.36 218761 7/17/2008 INDIAN RIVER COUNTY HEALTHY START 10,137.88 218762 7/17/2008 JOHN F BAER JR 400.00 218763 7/17/2008 UNITED HEALTH CARE 224.25 218764 7/17/2008 UNITED HEALTH CARE 86.99 218765 7/17/2008 RANDALL GODWIN 486.00 218766 7/17/2008 AETNA 355.20 218767 7117/2008 CIGNA 132.55 218768 7117/2008 FRED FOX ENTERPRISE INC 48,000.00 218769 7117/2008 FLORIDA DEPT OF LAW ENFORCEMENT 322.00 218770 7117/2008 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 374.40 218771 7117/2008 WIGINTON FIRE SPRINKLERS 1,249.00 218772 7/17/2008 CAROLINA TRACE LLC 1,000.00 218773 7117/2008 BLUE CROSS BLUE SHIELD 17.62 218774 7117/2008 SOUTHERN CLASSIC HOMES LLC 500.00 218775 7/17/2008 REGATTA CONSTRUCTION LLC 8,237.82 218776 7117/2008 TIMGEIB 162.00 218777 7117/2008 FLORIDA INSTITUTE OF TECHNOLOGY 17,365.65 218778 7/17/2008 PINNACLE GROVE LTD 500.00 218779 7117/2008 C & C ELECTRIC WORKS INC 2,680.00 218780 7117/2008 SYMBIONT SERVICE CORP 2,783.00 218781 7/17/2008 CAROLINA SOFTWARE INC 500.00 218782 7/17/2008 GLOBAL BUILDING CORP 500.00 218783 7117/2008 BLUE SHIELD FLORIDA FEDERAL 39.24 218784 7/17/2008 SCHOOL DISTRICT OF I R COUNTY 2,139.00 218785 7/17/2008 SHRIEVE CHEMICAL CO 4,300.59 218786 7/17/2008 QUILL CORPORATION 207.26 218787 7/17/2008 GATOR'S SOD 480.00 218788 7/17/2008 FLORIDA SURVEYING & MAPPING SOCIETY 130.00 218789 7/17/2008 RECHTIEN INTERNATIONAL 409.45 218790 7117/2008 HABITAT FOR HUMANITY 39.47 218791 7117/2008 REGATTA CONSTRUCTION LLC 89.03 218792 7117/2008 MARY J BENNETT 200.00 218793 7117/2008 ANDREW D WILLIAMS 849.00 218794 7117/2008 PERKINS PHARMACY 158.18 218795 7/17/2008 TSI INCORPORATED 615.82 218796 7117/2008 SHOWCASE DESIGNER HOMES INC 500.00 218797 7117/2008 SIMMONS CONST & DEV INC 34.54 218798 7/17/2008 KBHOMES 500.00 218799 7117/2008 MICHAEL J. QUIGLEY 360.00 218800 7117/2008 SCURLOCK, RICHARD & MARY 36.05 218801 7117/2008 HHVB HOMEBUILDERS LLC 500.00 218802 7117/2008 MRMULCH 279.68 218803 7/17/2008 HULETT ENVIRONMENTAL SERVICES 75.00 218804 7117/2008 GREAT SOUTHERN CONSTRUCTION 905.40 218805 7117/2008 MCCLEARY, AUDREY & DENNIS 38.07 218806 7/17/2008 NICOLE DELTUFO 200.00 218807 7117/2008 JEAN PETERS 340.00 218808 7/17/2008 FLORIDA AMBULANCE ASSOCIATION 500.00 218809 7117/2008 FLINCHUM CONSTRUCTION INC 73.58 218810 7117/2008 PRATT, LEONIE D 28.70 218811 7/17/2008 VANWALINC 354.00 218812 7117/2008 TRL ENTERPRISES 297.00 218813 7117/2008 PATRICIA LESTER 240.00 218814 7/17/2008 JETSONS APPLIANCE 658.99 218815 7117/2008 JPG ENTERPRISES INC 3,500.00 218816 7/17/2008 BIG BROTHERS AND BIG SISTERS 2,317.30 218817 7/17/2008 BIG BROTHERS AND BIG SISTERS 1,375.00 218818 7117/2008 THE GRILL PLACE 149.00 218819 7/17/2008 STEPHENSON, RICHARD 73.74

4 36

CHECKNBR CKDATE VENDOR AMOUNT 218820 7/17/2008 RANDOM HOUSE INC 112.25 218821 7/17/2008 ATLANTIC TRUCK CENTER 139.49 218822 7/17/2008 ROSENTHAL & LEVY P A 104.80 218823 7117/2008 SOUTHERN JANITOR SUPPLY INC 890.77 218824 7117/2008 STONE BROTHERS FUNERAL HOME 800.00 218825 7/17/2008 CHRISTINE KELLY -BEGAZO 107.99 218826 7117/2008 R HART SALES 3,630.90 218827 7117/2008 MARONDA HOMES 2.69 218828 7/17/2008 CAPITAL OFFICE PRODUCTS 1,670.78 218829 7117/2008 MASTELLER & MOLER INC 40,633.80 218830 7/17/2008 SAFETY & BOOT CENTER INC 399.80 218831 7/17/2008 D P SERVICE COMMERCIAL CLEANING 900.00 218832 7/17/2008 ELLEN E STANLEY 157.00 218833 7/17/2008 STEVE FAISON 90.00 218834 7/17/2008 LUCAS MARINE CONSTRUCTION LLC 419,396.93 218835 7117/2008 SANDRA BACHMANN 53.31 218836 7/17/2008 BIO-TECH MEDICAL WASTE TRANSPORTERS INC 104.00 218837 7/17/2008 JOE RIVERA 216.00 218838 7/17/2008 ANN RICHARDS 350.00 218839 7/17/2008 JACOB GEIB 162.00 218840 7117/2008 SUTAPA CHATTERJEE 588.00 218841 7117/2008 MICHAEL SPINA 360.00 218842 7117/2008 UNITED MEDICAL INDUSTRIES CORP 103.00 218843 7117/2008 JACK ICE AND JAVA 475.00 218844 7/17/2008 HEINTZELMAN'S TRUCK CENTER INC 156.90 218845 7117/2008 FLORIDA CONCRETE PIPE CORP 3,391.84 218846 7/17/2008 VOYAGER FLEET SYSTEMS INC 22,866.45 218847 7/17/2008 OCE' NORTH AMERICA INC 2,360.98 218848 7/17/2008 HEART OF THE EARTH MARKETING 147.65 218849 7/17/2008 ADVANTAGE AIC OF INDIAN RIVER LLC 1,363.00 218850 7/17/2008 METRO FIRE SPRINKLERS SERVICE INC 222.95 218851 7117/2008 BOLINDA PUBLISHING CO 32.00 218852 7117/2008 1ST FIRE & SECURITY INC 60.00 218853 7117/2008 GHO VERO BEACH INC 120.35 218854 7/17/2008 KENNY CAMPBELL JR 288.00 218855 7/17/2008 COLUMBIA ANALYTICAL SERVICES INC 775.00 218856 7/17/2008 NORMAN GOODMAN 270.00 218857 7/17/2008 MA YNIE THORNE 150.00 218858 7/17/2008 MIKES LAWN AND LANDSCAPE 1,250.00 218859 7/17/2008 DALLAS YATES 65.53 218860 7/17/2008 JOSEPH E FLESCHER 129.77 218861 7117/2008 SANDERSON, OWEN MARK & FREDA 408.06 218862 7/17/2008 WHEELABRATOR RIDGE ENERGY INC 3,170.50 218863 7/17/2008 JANICE BRODA 240.00 218864 7/17/2008 COMPLETE ALARM INC. 240.00 218865 7/17/2008 DAWN E MILLER 180.00 218866 7/17/2008 MARY COLLIS 210.00 218867 7117/2008 DIANE WILSON 9.80 218868 7/17/2008 MARK HEBERLING 234.00 218869 7117/2008 PRAGER, ROBERT 21.22 218870 7/17/2008 MUNICIPAL WATER WORKS 17,267.30 218871 7117/2008 MARRERO TEAM. COM REAL ESTATE LLC 71.37 218872 7/17/2008 BACKFLOWGAGE.COM 84.92 218873 7/17/2008 BRITTANY CAMPBELL 45.50 218874 7/17/2008 TERRY TANKERSL Y 108.00 218875 7/17/2008 ACIPCO 1,511.09 218876 7117/2008 LORA CARCH PARAZIDE 150.00 218877 7/17/2008 CHARLES A WALKER 198.00 218878 7/17/2008 USA MOBILITY WIRELESS INC 24.34 218879 7117/2008 UP TO CODE INC 2,100.00

5 37

CHECKNBR 2I8880 2I888I 2I8882 2I8883 2I8884 2I8885 2I8886 2I8887 2I8888 2I8889 2I8890 2I889I 2I8892 2I8893 2I8894 2I8895 2I8896 2I8897 2I8898 2I8899 2I8900 2I890I 2I8902 2I8903 2I8904 2I8905 2I8906 2I8907 2I8908 2I8909 2I89IO 2I89II 2I89I2 2I89I3 2I89I4 2I89I5 2I89I6 2I89I7 2I89I8 2I89I9 2I8920 2I892I 2I8922 2I8923 2I8924 2I8925 2I8926 2I8927 2I8928 2I8929 2I8930 2I893I 2I8932 2I8933 2I8934 2I8935 2I8936 2I8937 2I8938 2I8939

CKDATE 7/I7/2008 7/I7/2008 7/I7/2008 7117/2008 7/I7/2008 7/I7/2008 7/I7/2008 7/I7/2008 7117/2008 7/I7/2008 7/I7/2008 7/I7/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7/I7/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7/I7/2008 7/I7/2008 7117/2008 7117/2008 7/I7/2008 7117/2008 7/I7/2008 7117/2008 7117/2008 7/I7/2008 7117/2008 7/I7/2008 7/I7/2008 7117/2008 7117/2008 7117/2008 7/I7/2008 7117/2008 7/I7/2008 7/I7/2008 7117/2008 7/I7/2008 7117/2008 7117/2008 7/I7/2008 7/I7/2008 7117/2008 7/17/2008 7/I7/2008 7117/2008 7117/2008 7/I7/2008 7117/2008 7/I7/2008 7/17/2008

VENDOR EAST COAST LUMBER & SUPPLY CO Dl VOSTA HOMES L P CEMEX SHELBY HOMES AT MILLSTONE INC LENNAR HOMES GL HOMES BUILDING CORP SWEITZER SR, ROBERT MACEACHERN, DONALD J PAULSEN, DEBRA GUARDIAN COMMUNITY RESOURCE MANAGEMENT DANIELS, DONALD C WILSON, JACQUELIN J DEARDEUFF, STEVEN JENKINS, CODY L GUITIERREZ, DOMICIANO VIRGINIA BRJDGER SOHOVICH, DAVID & MICHELLE PHILLIPS, MICHAEL & JODY OVIATT, WENDYK DAVIS, JOHN H BROWN, CHARLOTTE MURRAY, ROSEMARJE ARCHER, ANNE M MARJNE BANK & TRUST MARJNE BANK & TRUST SHARPE, JAMES KRAMER, LARJSA RNNETWORK SCHULZ, RICHARD E WEIGHT WATCHERS INC RENAE CHANDLER INTERCONTINENTAL MIAMI HOTEL INTERCONTINENTAL MIAMI HOTEL INTERCONTINENTAL MIAMI HOTEL TREASURE COAST FOOD BANK MSA SERVICE AND REPAIR DYER CHEVROLET BY THE RJVER INC STAGE EQUIPMENT AND LIGHTING INC COOLER SMART FLORJDA PREFERRED CONTRACTORS INC JIMMY HODGES VERO BEACH BROADCASTERS LLC TURV A VILLE, JIM WESSEL,STEFINIB FRANKLIN, ELIZABETH MIKA Tl, JAMIL GRAHAM, WILMONT ENDRES, AMY C ADAY,JANET ADAMS, STEPHEN L Dl SABA TO, JAMES DAVIS, JOSHUA HEBERT, GLORJA IODICE, SHEILA A CONCJLIO, RJCHARD J NELSON, RJCHARD COATE, EUGENA MARTIN, DAWN BERSANI, ANTHONY

AMOUNT I,6I2.80

2I5.38 I4,647.00

I0.66 444.99

90.52 49.84 73.58 I6.I3

2,000.00 55.05

5.53 73.74 47.33 II.05 58.50

1.75 30.64 I7.49 34.I8 I7.90 I4.83 84.63

II8.89 40.4I I1.60 63.58 51.90 73.58

2,238.00 40.00

387.00 387.00 387.00 294.25

I,079.54 246.80

232,759.60 I,272.75

530.07 4,000.00

500.00 340.00

63.02 35.74 33.4I 42.33 25.72 I5.94 I6.47 5.28 7.59

24.45 62.39 73.58 28.09

1.49 7.7I

20.84 51.90

6 38

CHECKNBR 218940 218941 218942 218943 218944 218945 218946 218947 218948 218949 218950 218951 218952 218953 218954 218955 218956 218957 218958 218959 218960 218961 218962 218963 218964 218965 218966 218967 218968 218969 218970 218971 218972 218973 218974 218975 218976 218977 218978 218979 218980 218981 218982 218983 218984 218985 218986 218987 218988 218989 218990 218991 218992 218993 218994 218995 218996 218997

Grand Total:

CKDATE 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7117/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7117/2008 7/17/2008 7/17/2008 7/17/2008 7/17/2008 7117/2008 7/17/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 7117/2008 711712008 7117/2008 7/17/2008 7/17/2008 7117/2008 7117/2008 7117/2008 7117/2008

VENDOR MCELROY, DAVID E SMITH, KATHY M RILEY, LEAH GILES, WILLIAM P CLYATT, NINA WELLS, STEPHANIE OWEN, STEVE & MITZI INGRAM, STACY SOTO, EMERSON KENNY, THOMAS V RAINES, TRACY DUNN, MELISSA A MARLEAU, JAMES KRAUSS, KAREN GUTIERREZ, JENNIFER ADAMS, STEVE ROSE, DANELL R MANZI, ELSA KIMBROUGH, ASHLEE RAMIREZ, SALVADOR GOMEZ, HARRISON FAIR, BARBARA A BOTSKO, BRIAN HILMER, GRIT DESIMONE, DANA MORGAN, DIANA NGUYEN, NHUNG FLOOD, DONNIE HILL, ALBERT J PALUMBO, LOUIS & JANET MARKS, PHYLLIS M THOMPSON, SUMMER STEWART, FELICIA KOESTOYO, ROBIN L MICHAEL SHELLY, DEANDRA GRIFFITH, CORRINA HUTCHISON, ZACH MERTYL, CHILER STORYTELLING WITH WINDELL CAMPBELL APPLIED ENVIRONMENTAL SERVICES LLC ELIZABETH WARD JULIA VITOLO BREVARD COUNTY SHERIFF'S OFFICE DELIVERY CONCEPTS EAST JOANNE EDMONDS JOHN ERICSON JULIE DENISON LEON COHEN QUALITY HEALTH PLANS UNIVERSAL HEALTH CARE DAWN PHILLIPS FRED PANGLE MARJORIE WILLIS PATRICIA WIEGAMO LAW OFFICE OF RUSH LAWSON ARNOLD HARRIS VINCENZA MAZZELLA GEORGE LEWIS

AMOUNT 67.09 57.49 51.90 20.35 70.90 20.82 25.72 73.58

5.03 157.56

11.35 33.41

3.79 63.02 20.51 11.46 19.15 22.09 18.51 38.60 17.17 9.03

68.22 73.74 25.54 91.99 68.38 11.05 79.11 47.32 20.88 40.70

100.84 25.72

1.43 68.22 57.49 24.42

261.10 1,000.00

40.00 50.00

6,980.00 43,507.00

70.53 82.51 86.36 77.37

376.74 410.65

50.00 82.11

386.77 74.61.

380.00 83.36 68.03 80.86

2,999,337.29

7 39




DATE: JULY 24, 2008

SUBJECT: APPROVAL OF WARRANTS -JULY 18,2008 THRU JULY 24,2008


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

Approval is requested for tbe attached list of warrants, issued by the Clerk to tbe Board, for the time period of July 18, 2008 to July 24, 2008.

Attaclunent:

DB:AH

40

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 218998 7/18/2008 HD SUPPLY WATERWORKS, LTD 355,809.43 218999 7/18/2008 B/C B/S OF FL ADM FEE 9,280.00 219000 7/18/2008 I R C HEALTH INSURANCE- TRUST 36,035.05 219001 7/18/2008 UNIPSYCH BENEFITS OF FL INC 978.75 219002 7/18/2008 SYMETRA LIFE INSURANCE COMPANY 2,293.90 219003 7/18/2008 FORT DEARBORN LIFE INSURANCE 695.95 219004 7/23/2008 ALPHONSO JONES 450.00 219005 7123/2008 ORANGE COUNTY HOUSING AND 579.70 219006 7/23/2008 SANDY PINES 3,927.00 219007 7/23/2008 ALL FLORIDA GMACREALESTATE 5,326.00 219008 7/23/2008 GERALD T CAPAK 298.00 219009 7/23/2008 PAUL CARONE 427.00 219010 7/23/2008 CHERYL DOYLE 362.00 219011 7/23/2008 EDGEWOOD PLACE (305-113) 1,449.00 219012 7123/2008 GIFFORD GROVES LTD 6,296.00 219013 7123/2008 GRACES LANDING LTD 6,677.00 219014 7/23/2008 GINA HODGES 250.00 219015 7/23/2008 MICHAEL JACKOWSKI 771.00 219016 7/23/2008 PHILLIP G LANGLEY 386.00 219017 7/23/2008 TERRY A LAWRENCE 105.00 219018 7/23/2008 LINDSEY GARDENS APARTMENTS 11,582.00 219019 7/23/2008 MOD INVESTMENTS 1,472.00 219020 7/23/2008 RIVER PARK PLACE 12,533.00 219021 7/23/2008 RICHARD C THERIEN 1,473.00 219022 7/23/2008 WOODSOFVEROBEACH 6,909.00 219023 7/23/2008 DAVID YORK 456.00 219024 7/23/2008 LILLYBYORK 357.00 219025 7/23/2008 ST FRANCIS MANOR OF VERO BEACH 1,704.00 219026 7/23/2008 SALLIE (WYNN) BLAKE 441.00 219027 7123/2008 KYLES RUN APARTMENTS 6,761.00 219028 7/23/2008 BRACKETTFAMILYLTC & PARTNERSHIP 256.00 219029 7/23/2008 CHRISTIAN MILLIMAN 556.00 219030 7/23/2008 MELECH BERMAN 1,404.00 219031 7/23/2008 FULCHINI ENTERPRISES INC 285.00 219032 7/23/2008 VENETIAN APARTMENTS OF VERO BEACH 459.00 219033 7/23/2008 HERMOSA PROPERTIES LLC 353.00 219034 7/23/2008 PINNACLE GROVE LTD 1,828.00 219035 7/23/2008 THE CLUB OF VERO 7,465.00 219036 7/23/2008 CRAIG & KAREN MERRILL 1,205.00 219037 7/2312008 CHRISTINE SALTER 587.00 219038 7/23/2008 HAGGERTY FAMILY LTD 1,021.00 219039 7/23/2008 SCHLITT PROPERTY MANAGEMENT 249.00 219040 7/23/2008 WILLIAM J KEISER & OANH HUYNH 479.00 219041 7/23/2008 JON CHRISTIANSEN 748.00 219042 712312008 STANLEY CRAWFORD 417.00 219043 7/23/2008 THE PALMS AT VERO BEACH 12,599.00 219044 7/23/2008 BRIAR WOOD APARTMENTS 873.00 219045 7/23/2008 JODIZORC 630.00 219046 7/23/2008 CLEMENCIA CAMACHO 1,413.00 219047 7123/2008 DA V1D AND PATRICIA CONDON 1,348.00 219048 7/23/2008 HILARY MCIVOR 669.00 219049 7/23/2008 WALKER CLUB APARTMENTS 593.00 219050 7/23/2008 PAULA LANE 390.00 219051 7/23/2008 VERO PINES LLC 386.00 219052 7/23/2008 DENIS AND NORMA JEAN ROCK 475.00 219053 7/23/2008 GLENN STRUNK 412.00 219054 7/23/2008 PELICAN ISLE 5,028.00 219055 7/23/2008 MID FLORIDA RENTALS INC 690.00

1 41

CHECKNBR CKDATE VENDOR AMOUNT 219056 7/23/2008 LUCY HORNE 442.00 219057 7/23/2008 CYNTHIA A MONDO 363.00 219058 7/23/2008 VEROMA MANAGEMENT 4,432.00 219059 7/23/2008 STEVE TA VLIN PROPERTY MANAGEMENT LLC 4,669.00 219060 7123/2008 OAK RIVER PROPERTIES 417.00 219061 7/23/2008 MICHAEL MAZZARELLA 727.00 219062 7/23/2008 JOSERPOMPA 597.00 219063 7/23/2008 PATRICIA MACLEOD 494.00 219064 7/23/2008 KENNENCOHEN 454.00 219065 7/23/2008 INVESTORS REALTY 2,796.00 219066 7/23/2008 KING COUNTY HOUSING AUTHORITY 612.70 219067 7/23/2008 SLR PROPERTIES INC 311.00 219068 7/23/2008 BOGDAN HYTROS 234.00 219069 7/23/2008 EMELE MONCION 678.00 219070 7/23/2008 STEPHEN J SHORT SR 536.00 219071 7/23/2008 MARINA KOV ALSKAYA 516.00 219072 7/23/2008 MIKE KANNER 454.00 219073 7/23/2008 MICHAEL NOTARIANNI 393.00 219074 7/23/2008 SUZANNE MONAGHAN 571.00 219075 7/23/2008 MICHELLE MCLEAN 330.00 219076 7/23/2008 ADINA GOLDMAN 527.00 219077 7/23/2008 ANCEL BROWN 700.00 219078 7/23/2008 DONNA FINLAYSON-BROWN 740.00 219079 7/23/2008 MAURICE W BROWN 567.00 219080 7/23/2008 SAMUEL P N COOK 380.00 219081 7/23/2008 LAZY JLLC 416.00 219082 7/23/2008 ANTHONY STEWART 335.00 219083 7/23/2008 DEBRA YOUNG 380.00 219084 7/23/2008 WINSTON REYNOLDS 719.00 219085 7/23/2008 STEPHANIE FOUNTAIN 313.00 219086 7/23/2008 JEFFREY COLE 492.00 219087 7/23/2008 WINFRIED AND LESLIE ARENDT 339.00 219088 7123/2008 KATHY NYSTROM PROPERTY MGMT 875.00 219089 7/23/2008 116 SUTTON PLACE ASSOCIATES LLC 325.00 219090 7/23/2008 ROBERT BAILEY 753.00 219091 7/23/2008 SYLVIA MCNEILL 483.00 219092 7/23/2008 ILLINOIS STATE DISBURSEMENT UNIT 142.32 219093 7/23/2008 CHAPTER13TRUSTEE 2,198.31 219094 7/23/2008 VB FIREFIGHTERS ASSOC 5,670.00 219095 7/23/2008 I R FEDERAL CREDIT UNION 61,241.14 219096 7/23/2008 COLONIAL LIFE & ACCIDENT INS CO 232.66 219097 7/23/2008 UNITED WAY OF INDIAN RIVER COUNTY 1,223.00 219098 7/23/2008 TEAMSTERS LOCAL UNION #769 7,109.00 219099 7/23/2008 AMERICAN CANCER/HEART SOCIETY 4.00 219100 7/23/2008 SAN DIEGO COUNTY OFFICE OF THE 132.25 219101 7/23/2008 PENNSYLVANIA SCDU 300.00 219102 7/23/2008 NEW JERSEY FAMILY SUPPORT CENTER 50.00 219103 7/23/2008 BOARD OF COUNTY COMMISSIONERS 148.00 219104 7/23/2008 INDIAN RIVER CO BOCC 5,418.58 219105 7/23/2008 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 219106 7/23/2008 OHIO CHILD SUPPORT 235.39 219107 7/24/2008 EVERGLADES FARM EQUIPMENT CO INC 2,305.37 219108 7/24/2008 ALL POWER SERVICES INC 361.20 219109 7/24/2008 TREASURE COAST IRRIGATION INC 510.00 219110 7/24/2008 PORT CONSOLIDATED INC 40,503.59 219111 7/24/2008 PARKS RENTAL & SALES INC 356.20 219112 7/24/2008 STURGIS LUMBER & PLYWOOD 42.06 219113 7/24/2008 DAVES COMMUNICATIONS/ELECTRONIC 36.02 219114 7/24/2008 PRAXAIR DISTRIBUTION SOUTHEAST 110.56 219115 7/24/2008 GOOD KNIGHT LAWN EQUIPMENT INC 122.56

2 42

CHECKNBR CKDATE VENDOR AMOUNT 219116 7/24/2008 INDIAN RIVERAUTOPARTSLLC 605.94 219117 7/24/2008 INDIAN RIVER AUTO PARTS LLC 685.13 219118 7/24/2008 COMMUNICATIONS INTERNATIONAL 147.45 219119 7/24/2008 TEN-8 FIRE EQUIPMENT INC 698.12 219120 7/24/2008 HARRISON UNIFORMS 104.74 219121 7/24/2008 IKON OFFICE SOLUTIONS 114.38 219122 7/24/2008 IKON OFFICE SOLUTIONS 106.02 219123 7/24/2{)08 KIMLEY HORN & ASSOCIATES 27,008.32 219124 7/24/2008 MATRX MEDICAL INC 1,791.40 219125 7/24/2008 NORTH SOUTH SUPPLY 22.48 219126 7/24/2008 VELDE FORD INC 723.76 219127 7/24/2008 SAFETY PRODUCTS INC 3,040.44 219128 7/24/2008 DATA FLOW SYSTEMS INC 847.40 219129 7/24/2008 LIGHT SOURCE BUSINESS SYSTEMS 611.00 219130 7/24/2008 DICKERSON AGGREGATES INC 22,193.93 219131 7/24/2008 COLD AIR DISTRIBUTORS WAREHOUSE 881.33 219132 7/24/2008 DELTA SUPPLY CO 298.58 219133 7/24/2008 E-Z BREW COFFEE & BOTTLE WATER SVC 35.94 219134 7/24/2008 INDIAN RIVER BATTERY 435.20 219135 7/24/2008 ALPHA HARDWARE 22.32 219136 7/24/2008 DEMCOINC 108.50 219137 7/24/2008 MCMASTER CARR 146.94 219138 7/24/2008 AMERICAN CONCRETE INDUSTRIES 308.00 219139 7/24/2008 VERO LA WNMOWER CENTER 64.66 219140 7/24/2008 BBC AUDIOBOOKS AMERICA 112.26 219141 7/24/2008 F&W PUBLICATIONS 25.36 219142 7/24/2008 ULVERSCROFTLARGEPRINTBOOKS 550.26 219143 7/24/2008 THE GALE GROUP 1,109.44 219144 7/24/2008 AMERIGAS INC 6,587.66 219145 7/24/2008 MIKES GARAGE & WRECKER SERVICE 255.00 219146 7/24/2008 DAILY COURIER SERVICE INC 298.00 219147 7/24/2008 GAYLORD BROTHERS INC 425.86 219148 7/24/2008 APPLE INDUSTRIAL SUPPLY CO 325.65 219149 7/24/2008 LABOR FINDERS INC 1,261.76 219150 7/24/2008 SMITH BROTHERS CONTRACTING EQUIP 81.48 219151 7/24/2008 BERN AN 74.00 219152 7/24/2008 HD SUPPLY WATERWORKS, LTD 5,334.17 219153 7/24/2008 ROUNDTREE MEDICAL 72.72 219154 7/24/2008 SCHULKE BITTLE & STODDARD LLC 1,843.42 219155 7/24/2008 ECOTECH CONSULTANTS INC 2,916.00 219156 7/24/2008 EGPINC 775.62 219157 7/24/2008 VERO BEARING & BOLT 86.84 219158 7/24/2008 BRODART VIDEO 415.48 219159 7/24/2008 CINDIS PET CENTER 30.04 219160 7/24/2008 FIRESTONE COMPLETE AUTO CARE 269.38 219161 7/24/2008 PARAGON ELECTRIC INC 1,739.22 219162 7/24/2008 CALL ONE INC 85.00 219163 7/24/2008 SOLINETINC 393.82 219164 7/24/2008 ABCO GARAGE DOOR CO 1,230.00 219165 7/24/2008 CHILDCARE RESOURCES 350.00 219166 7/24/2008 ATLANTIC COASTAL TITLE CORP 7,800.00 219167 7/24/2008 HILL MANUFACTURING CO INC 454.58 219168 7/24/2008 R& G SOD FARMS 165.00 219169 7/24/2008 HAGEMEYER 49.56 219170 7/24/2008 PETERSEN INDUSTRIES INC 349.73 219171 7/24/2008 CARQUEST AUTO PARTS 1,538.75 219172 7/24/2008 GOODYEAR AUTO SERVICE CENTER 186.00 219173 7/24/2008 LESCOINC 465.92 219174 7/24/2008 STAMM MANUFACTURING 54.00 219175 7/24/2008 BAKER & TAYLOR ENTERTAINMENT 2,937.75

3 43

CHECKNBR CKDATE VENDOR AMOUNT 219176 7/24/2008 MIDWEST TAPE 246.39 219177 7/24/2008 RECORDED BOOKS 568.10 219178 7/24/2008 NEW HORIZONS OF MELBOURN"E 35,000.00 219179 7/24/2008 ARAMARK UNIFORM SERVICES 1,056.63 219180 7/24/2008 LOWES CO INC 1,129.13 219181 7/24/2008 ODYSSEY MANUFACTURING CO 3,750.00 219182 7/24/2008 INDIAN RIVER COUNTY HEALTH DEPT 23,417.20 219183 7/24/2008 4IMPRINT INC 4,076.68 219184 7/24/2008 PALM TRUCK CENTERS INC 230.82 219185 7/24/2008 NORTRAX EQUIPMENT CO 100.47 219186 7/24/2008 FLORIDA BOLT & NUT CO 310.68 219187 7/24/2008 SEBASTIAN OFFICE SUPPLY CO 196.48 219188 7/24/2008 COMMUNITY ASPHALT CORP 1,276.35 219189 7/24/2008 HARBOR BRANCH ENVIRONMENTAL LAB INC 2,500.00 219190 7/24/2008 ALL FLORIDA GMAC REAL ESTATE 425.00 219191 7/24/2008 CHARLES LEWIS 486.00 219192 7/24/2008 LINDSEY GARDENS APARTMENTS 2,375.00 219193 7/24/2008 JUNIOR LIBRARY GUILD 100.00 219194 7/24/2008 BOYS & GIRLS CLUB OF INDIAN 3,052.91 219195 7/24/2008 BOYS & GIRLS CLUB OF INDIAN 3,444.02 219196 7/24/2008 BOYS & GIRLS CLUB OF INDIAN 3,207.51 219197 7/24/2008 ASHWORTH INC 96.71 219198 7/24/2008 JEFFREY K BARTON 5,999.85 219199 7/24/2008 CITY OF VERO BEACH 603.27 219200 7/24/2008 CITY OF VERO BEACH 7,381.74 219201 7/24/2008 CITY OF VERO BEACH 500.00 219202 7/24/2008 REXEL 218.71 219203 7/24/2008 GENERAL ELEVATOR SALES & SERVICE 44.50 219204 7/24/2008 AT&T 1,129.89 219205 7/24/2008 AT&T 112.21 219206 7/24/2008 AT&T 179.90 219207 7/24/2008 AT&T 5,965.79 219208 7/24/2008 AT&T 193.60 219209 7/24/2008 UNITED PARCEL SERVICE 17.96 219210 7/24/2008 INDIAN RIVER COUNTY SHERIFF 6,323.39 219211 7/24/2008 UNITED STATES POSTAL SERVICE 20,000.00 219212 7/24/2008 KYLES RUN APARTMENTS 400.00 219213 7/24/2008 JANITORIAL DEPOT OF AMERICA 1,112.49 219214 7/24/2008 HUMANE SOCIETY 48,000.00 219215 7/24/2008 PUBLIX PHARMACY 41.90 219216 7/24/2008 ARTHUR J GALLAGHER RISK MGMT SERVICES 288.86 219217 7/24/2008 WALMART 12.00 219218 7/24/2008 IBM 462.00 219219 7/24/2008 INDIAN RIVER COUNTY UTILITIES 886.19 219220 7/24/2008 INDIAN RIVER COUNTY UTILITIES 17,635.90 219221 7/24/2008 TOTAL TRUCK PARTS 452.95 219222 7/24/2008 FOOT JOY 71.05 219223 7/24/2008 AQUAGENIX 371.00 219224 7/24/2008 EXCHANGE CLUB CASTLE 3,328.42 219225 7/24/2008 GEOSYNTEC CONSULTANTS INC 7,278.74 219226 7/24/2008 DUMONT COMPANY, INC 908.00 219227 7/24/2008 OFFICE DEPOT BSD CUSTOMER SVC 574.46 219228 7/24/2008 HABITAT FOR HUMANITY 207.61 219229 7/24/2008 WEST PAYMENT CENTER 88.00 219230 7/24/2008 FEDERAL EXPRESS 173.50 219231 7/24/2008 CENTRAL A/C & REFRIGERATION SUPPLY 59.28 219232 7/24/2008 DUNKELBERGER ENGINEERING & TESTING 1,266.75 219233 7/24/2008 MUNISINC 30,000.00 219234 7/24/2008 KILPATRICK TURF EQUIPMENT INC 22.89 219235 7/24/2008 MANPOWER 4,298.24

4 44

CHECKNBR 219236 219237 219238 219239 219240 219241 219242 219243 219244 219245 219246 219247 219248 219249 219250 219251 219252 219253 219254 219255 219256 219257 219258 219259 219260 219261 219262 219263 219264 219265 219266 219267 219268 219269 219270 219271 219272 219273 219274 219275 219276 219277 219278 219279 219280 219281 219282 219283 219284 219285 219286 219287 219288 219289 219290 219291 219292 219293 219294 219295

CKDATE 712412008 7/2412008 7/2412008 7124/2008 712412008 7/24/2008 7/2412008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/2412008 7/2412008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/2412008 7/24/2008 7/2412008 7/24/2008 7/24/2008 7/2412008 7/2412008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7124/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008 7/24/2008

VENDOR MILNER DOCUMENT PRODUCTS INC CITY OF SEBASTIAN NEXTEL COMMUNICATIONS OSCEOLA PHARMACY SCRIPPS TREASURE COAST PUBLISHING SCRIPPS TREASURE COAST PUBLISHING SCRIPPS TREASURE COAST PUBLISHING SCRIPPS TREASURE COAST PUBLISHING ATLANTIC REPORTING INC CORPORATION OF THE PRESIDENT SUBSTANCE ABUSE COUNCIL OF IRC SUBSTANCE ABUSE COUNCIL OF IRC SUBSTANCE ABUSE COUNCIL OF IRC SUBSTANCE ABUSE COUNCIL OF IRC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT TITLEIST KETTELA ENTERPRISES AMERICAN PLANNING ASSOCIATION STATE ATTORNEY PEACE RIVER ELECTRIC COOP INC GLOBAL GOLF SALES INC SUNSHINE STATE ONE CALL OF FL INC CATHOLIC CHARITIES HIBISCUS CIDLDRENS CENTER DANIEL AND SUSAN BRENNAN JOSEPH A BAIRD FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FLORIDA DEPT OF ENVIRONMENTAL PROTECTION BARKER ELECTRIC, AIR CONDITIONING ASPEN PUBLISHERS INC KAREN WELLS VENETIAN APARTMENTS OF VERO BEACH HENRY SMITH RANDALL GODWIN ARNOLD AIR CONDITONING INC G K ENVIRONMENTAL INC NATIONS FENCE INC WESTSIDE REPROGRAPIDCS OF VERO BEACH INC CHILDRENS HOME SOCIETY OF FL INC FLORIDA DEPT OF FINANCIAL SERVICES BUSCH WILDLIFE SANCTUARY ADVANCED XERORAPHICS IMAGING SYS SUNCOAST AUTO BODY TIMGEIB BRYANT MILLER & OLIVE PA KELLY CONSTRUCTION & DEVELOPMENT INC PINNACLE GROVE LTD C & C ELECTRIC WORKS INC DA VCO ELECTRICAL CONTRACTORS CORP FORT PIERCE HOUSING AUTHORITY GCR TIRE CENTERS SCHOOL DISTRICT OF I R COUNTY SHRIEVE CHEMICAL CO KIMBALL MIDWEST RECHTIEN INTERNATIONAL HABITAT FOR HUMANITY ARCADIS US INC THE PALMS AT VERO BEACH

AMOUNT 274.00

18,548.06 640.28 180.48 78.00

449.42 619.32

2,500.00 1,156.25

33.00 1,009.22 6,103.61 8,677.07

12,237.69 4,319.36

98,330.07 . 217.49

2,924.77 203.00 570.00

8,707.03 335.00

36.69 888.81

7,164.97 800.00

70.00 145.00

1,500.00 5,000.00

279.00 193.00 400.00 475.00

85.00 180.00

3,820.00 8,465.00 3,679.00

253.50 1,750.00

25,608.90 600.00

15,500.00 2,662.03

144.00 15,272.83

500.00 484.00

3,082.00 6,127.00

339.40 1,104.00 7,467.01 2,133.82

410.72 323.07

34.11 12,952.50

450.00

5 45

CHECKNBR CKDATE VENDOR AMOUNT 219296 7/24/2008 SIMMONS CONST & DEV INC 1,073.64 219297 7/24/2008 VALERIE LEMONS 72.09 219298 7/24/2008 JOE LOUDERMILK 31.15 219299 7/24/2008 JILL GEARY 70.00 219300 7/24/2008 MRMULCH 292.41 219301 7/24/2008 FLAGLER CONSTRUCTION EQU!FMENT LLC 2,617.50 219302 7/24/2008 SAVE THE MOMENT 60.00 219303 7/24/2008 VERIZON WIRELESS 971.80 219304 7/24/2008 SMITH, BRIAN J 27.75 219305 7/24/2008 BRUCE SMITH CUSTOM HOMES INC 9,761.87 219306 7/24/2008 BUDGET NOTARY SERVICES 122.93 219307 7/24/2008 MASCID, JOSEPH A & BARBARA 5.28 219308 7/24/2008 CONTROL SYSTEMS DESIGN INC 3,370.00 219309 7/24/2008 ANNIE L POWELL 525.00 219310 7/24/2008 GARY C WHEELER 51.57. 219311 7/24/2008 DASIE BRIDGEWATER HOPE CENTER INC 34,467.46 219312 7/24/2008 FLORIDA RURAL LEGAL SERVICES INC 3,608.62 219313 7/24/2008 PALEO DISCOVERIES 150.00 219314 7/24/2008 RANDOM HOUSE INC 419.45 219315 7/24/2008 CLYDE MORGAN OR CHRISTENE MORGAN 500.00 219316 7/24/2008 COASTAL TECHNOLOGY CORPORATION 35,407.74 219317 7/24/2008 ADAMS HOMES OF NORTHWEST FLA 72.67 219318 7/24/2008 SOUTHERN JANITOR SUPPLY INC 732.58 219319 7/24/2008 JOHNS EASTERN COMPANY INC 23,531.07 219320 7/24/2008 LARA GORMLEY 140.00 219321 7/24/2008 FLORIDA LEVEL & TRANSIT CO INC 125.00 219322 7/24/2008 KIRKBRIDE, EARLE 145.22 219323 7/24/2008 MARONDA HOMES 170.62 219324 7/24/2008 SUSAN HARTMANN/AGENT 511.00 219325 7/24/2008 MCMAHON ASSOCIATES INC 23,697.50 219326 7/24/2008 MASTELLER & MOLER INC 2,080.00 219327 7/24/2008 WIDSPERING PALMS MHC LLC 270.00 219328 7/24/2008 HERITAGE PUBLISHING CONSULTANTS, INC. 107.50 219329 7/24/2008 RICHARD M HERREN 126.23 219330 7/24/2008 STEVE F AJSON 108.00 219331 7/24/2008 JOE RIVERA 162.00 219332 7/24/2008 KNOTT, JOANNE & WSTIN 40.00 219333 7/24/2008 SHOEBOX SCANNING 921.00 219334 7/24/2008 DANE PFARR 198.00 219335 7/24/2008 JACOBGElB 108.00 219336 7/24/2008 COLLEGE POINT LLC 538.00 219337 7/24/2008 DA VlD ADAM CLETZER 75.00 219338 7/24/2008 J W CHEATHAM LLC 13,941.25 219339 7/24/2008 GIBSON, CHASTITY 50.00 219340 7/24/2008 MNMBLLC 490.00 219341 7/24/2008 VEROMA MANAGEMENT 16,250.00 219342 7/24/2008 HFB OF FLORIDA LLC 486.00 219343 7/24/2008 PALMBAYFORD 100.00 219344 7/24/2008 1ST FIRE & SECURITY INC 400.00 219345 7/24/2008 KENNY CAMPBELL IR 237.00 219346 7/24/2008 MILLERS HEALTH MART PHARMACY 72.32 219347 7/24/2008 KEY EQU!FMENT FINANCE 123.79 219348 7/24/2008 YELLOW BOOK 708.05 219349 7/24/2008 CHRIS COFFEY 195.00 219350 7/24/2008 GEORGE GLENN 464.19 219351 7/24/2008 SCNSINC 62.40 219352 7/24/2008 JOHNNY B SMITH 180.00 219353 7/24/2008 MARK HEBERLING 108.00 219354 7/24/2008 EFM GROUP INC 16,187.00 219355 7/24/2008 TERRY TANKERSLY 144.00

6 46

CHECKNBR CKDATE VENDOR AMOUNT 219356 7/24/2008 HOOVER PUMPING SYSTEMS 146.28 219357 7/24/2008 SENIOR RESOURCE ASSOCIATION 154,375.76 219358 7/24/2008 MWCOOKINC 3,465.68 219359 7/24/2008 CHARLES A WALKER 144.00 219360 7/24/2008 JESSE MILLIMAN 120.00 219361 7/24/2008 BKB CONTRACTING INC 12,340.00 219362 7/24/2008 MARTHA CLEARY 1,370.00 219363 7/24/2008 MAURICE ELECTRICAL SUPPLY 1,957.84 219364 7/24/2008 GARY MONROE 450.00 219365 7/24/2008 GABRIEL ROEDER SMITH & CO 4,017.00 219366 7/24/2008 MEREDITH BROWN 214.50 219367 7/24/2008 ROB MOORE 45.00 219368 7/24/2008 SHELBY HOMES AT MILLSTONE INC 1.91 219369 7/24/2008 CENTEX HOMES 69.57 219370 7/24/2008 GL HOMES BUILDING CORP 90.52 219371 7/24/2008 RAMOS, LEOMARIS 19.11 219372 7/24/2008 RIVAS, EDGARDO 10.91 219373 7/24/2008 DIANE WYLAND 70.00 219374 7/24/2008 BOLDEN, TASHA 4.74 219375 7/24/2008 SUSAN J OR BILL FISHER 70.00 219376 7/24/2008 VIRGINIA BRIDGER 52.00 219377 7/24/2008 HATALA, BROCK 12.88 219378 1/24/2008 GRUDENS, KEN 35.59 219379 7/24/2008 MILLER, ALLEN J 29.30 219380 7/24/2008 COOPER, HENRY W 57.39 219381 7/24/2008 VIRGINIA PINES 569.00 219382 7/24/2008 H & J CONTRACTING INC 197,352.92 219383 7/24/2008 SOVEREIGN MEDICAL LLC 2,000.00 219384 7/24/2008 COUNTRYWIDE HOME LOANS INC 68.86 219385 7/24/2008 SANDP~ERAPARTMENTS 370.00 219386 7/24/2008 HUSTON CUOZZO GROUP INC 2,828.81 219387 7/24/2008 CEDAR COVE RENTALS PA 450.00 219388 7/24/2008 DYER CHEVROLET 489.67 219389 7/2412008 LOUIS PRYOR SUPPLY 1,434.08 219390 7/24/2008 SZABO, JOZSEF 33.54 219391 7/24/2008 HIGH COM SECURITY INC 1,900.32 219392 7/24/2008 SAGE PUBLICATIONS INC 141.80 219393 7/24/2008 MELINDA ROBINSON 75.00 219394 7/24/2008 CHRISTOPHER THOMAS 6.63 219395 7/24/2008 JOHN SMARR 1,279.80 219396 7/24/2008 RICHARDSON, STACEY 19.74 219397 7/24/2008 TILING, KATHRYN 33.41 219398 7/24/2008 BARRETT, JAMES W & SUSAN 70.35 219399 7/24/2008 ARRIAGADA, PATRICIO A 21.81 219400 7/24/2008 CROUCH, KELLY 46.23 219401 7/24/2008 BROWNE, TAWNIE 17.96 219402 7/24/2008 CHICO, MARIA 66.40 219403 7/24/2008 MANNING, ARVIN L 31.63 219404 7/24/2008 DAVIS, MICHELLE 19.74 219405 7/24/2008 HANEY, LAURA 38.15 219406 7/24/2008 CADET, ANTOINETTE 77.80 219407 7/24/2008 ROSARIO, DANIEL G 72.48 219408 7/24/2008 FALANA, DANA F 2.79 219409 7/24/2008 GROTH, JOHN N 19.35 219410 7/24/2008 LA REYNA LATIN MARKET 26.73 219411 7/24/2008 REYNOLDS, EDWARD H 41.50 219412 7/24/2008 SNOW, CONNIE 30.77 219413 7124/2008 RODRIGUEZ, LEYNADIER 35.74 219414 7/24/2008 TRICIASNOW 450.00 219415 7/24/2008 MARTIN VOLUNTEERS ESC 907.50

7 47

CHECKNBR 219416 219417 219418 219419

Grand Total:

CKDATE 7/24/2008 7/24/2008 7124/2008 7124/2008

VENDOR JODIE MCKINNEY MARY HELEN SULLIVAN LISA OSTROWER RENECOTTE

AMOUNT 70.00 70.00 70.00

487.92 1,918,390.42

8 48

CLERK OF CIRCillT COURT



DATE: JULY 31,2008

SUBJECT: APPROVAL OF WARRANTS-JULY 25, 2008 THRU JULY 31, 2008




Attachment:

DB:AH

49

CHECKNBR 219420 219421 219422 219423 219424 219425 219426 219427 219428 219429 219430 219431 219432 219433 219434 219435 219436 219437 219438 219439 219440 219441 219442 219443 219444 219445 219446 219447 219448 219449 219450 219451 219452 219453 219454 219455 219456 219457 219458 219459 219460 219461 219462 219463 219464 219465 219466 219467 219468 219469 219470 219471 219472 219473 219474 219475 219476 219477

CKDATE 7/25/2008 7/25/2008 7/29/2008 7/29/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/3112008 7/31/2008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/3112008 7/31/2008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008

CHECKS WRITTEN

VENDOR FLORIDA UC FUND UNUMPROVIDENT INS CO OF AMERICA ALLSTATE ALLSTATE EVERGLADES FARM EQUIPMENT CO INC CONTECH CONSTRUCTION PRODUCTS INC PORT CONSOLIDATED INC PARKS RENTAL & SALES INC STURGIS LUMBER & PLYWOOD PRAXAIR DISTRIBUTION SOUTHEAST GOODKNIGHT LAWN EQUIPMENT INC INDIAN RIVERAUTOPARTSLLC INDIAN RIVER AUTO PARTS LLC COMMUNICATIONS INTERNATIONAL AMERICAN BUSINESS INTERIORS TOSHIBA BUSINESS SOLUTIONS FLORIDA IKON OFFICE SOLUTIONS SCOTTS SPORTING GOODS KIMLEY HORN & ASSOCIATES MATRX MEDICAL INC VELDE FORD INC LIGHT SOURCE BUSINESS SYSTEMS DICKERSON AGGREGATES INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY GRAINGER INDUSTRIAL SUPPLY FLORIDA COCA-COLA BOTTLING CO TREASURE COAST REFUSE TREASURE COAST REFUSE ALPHA HARDWARE AMERICAN CONCRETE INDUSTRIES INGRAM LIBRARY SERVICES !NV THE GALE GROUP DAVIDSON TITLES INC ABC-CLIO INC MUMFORD LIBRARY BOOKS INC MIKES GARAGE & WRECKER SERVICE DAILY COURIER SERVICE INC APPLE INDUSTRIAL SUPPLY CO INDIAN RIVER MEDICAL CENTER HACHCO ABSUSA SMITH BROTHERS CONTRACTING EQUIP HD SUPPLY WATERWORKS, LTD BOUNDTREE MEDICAL SCHULKE BITTLE & STODDARD LLC EGPINC ALL-RITE WATER CONDITIONING BRODART VIDEO SKATE FACTORY FLORIDA VETERINARY LEAGUE ELPEXINC ERCILDOUNE BOWLING LANES ST LUCIE BATTERY & TIRE CO CARTER ASSOCIATES INC CHUCKS NEWS STAND

AMOUNT 25,158.27

6,039.90 2,834.90 3,115.82

687.80 264.00

33,891.58 351.85

1,195.52 881.95 596.72

1,821.55 336.26

93,221.70 205.59 102.84 185.72

6,405.61 25,607.22

1,862.40 135.21 214.00

32,710.16 185.36 72.09 41.94

686.75 305.46 427.32

47,521.98 121.04 100.04 100.00

6.19 154.49 456.77 630.00

2,976.00 230.00 315.00 546.02

2,337.08 117.92 180.00 443.23

16,638.43 76.92

6,168.58 870.25 516.45 250.34 464.75 212.00

2,575.22 497.00

31.72 3,555.09

17.50

1 50

CHECKNBR 219478 219479 219480 219481 219482 219483 219484 219485 219486 219487 219488 219489 219490 219491 219492 219493 219494 219495 219496 219497 219498 219499 219500 219501 219502 219503 219504 219505 219506 219507 219508 219509 219510 219511 219512 219513 219514 219515 219516 219517 219518 219519 219520 219521 219522 219523 219524 219525 219526 219527 219528 219529 219530 219531 219532 219533 219534 219535 219536 219537

CKDATE 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008

VENDOR ATLANTIC COASTAL TITLE CORP WILSONS PETROLEUM EQUIPMENT INC HINTONS CARPET CLEANING CARQUESTAUTOPARTS GOODYEAR AUTO SERVICE CENTER LESCOINC BAKER & TAYLOR ENTERTAINMENT ALL COUNTY MOWER AND EQUIPMENT CO BARNEYS PUMP INC MIDWEST TAPE HARRIS SANITATION INC RECORDED BOOKS ARAMARK UNIFORM SERVICES LOWES CO INC HUDSON PUMP & EQUIPMENT PAKMAIL SEBASTIAN RENT ALL FIRSTLAB SUN BELT MEDICAL CENGAGE LEARNING PALM TRUCK CENTERS INC NORTRAX EQUIPMENT CO SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP HARBOR BRANCH ENVIRONMENTAL LAB INC SANDY PINES GREENE INVESTMENT PARTNERSHIP LTD LINDSEY GARDENS APARTMENTS LINDSEY GARDENS APARTMENTS PER-SE TECHNOLOGIES INC JEFFREY K BARTON INDIAN RIVER COUNTY HEALTH DEPT DAVID C NOLTE INDIAN RIVER COMMUNITY COLLEGE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA DO CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH SUNGARD MAILING SERVICES RUBBER STAMP EXPRESS & MORE INC APPLE MACHINE & SUPPLY CO INDIAN RIVER ALL F AB GENERAL ELEVATOR SALES & SERVICE AT&T AT&T AT&T AT&T UNITED PARCEL SERVICE EBSCO INFORMATION SERVICES INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY SHERIFF JANITORIAL DEPOT OF AMERICA PUBLIX PHARMACY PUBLIX PHARMACY INDIAN RIVER COUNTY UTILITIES INDIAN RIVER COUNTY UTILITIES TOTAL TRUCK PARTS INTERNATIONAL GOLF MAINTENANCE

AMOUNT 200.00 306.30 908.00

1,069.26 699.97 116.48

5,986.55 659.95

9,490.00 1,153.25

95,397.61 385.40

1,515.78 664.49

225,000.00 94.00 17.82

797.50 415.50

29.39 813.12 224.27

59.25 871.78

1,512.50 387.00

3,114.58 296.00 452.00

16,349.63 96,543.00 66,930.75

279,286.20 26,607.41

5,855.08 1,500.00 8,125.87 1,794.84 2,500.00

350.00 21,168.63

23.95 186.40 487.00

4,503.00 114.40 37.20

2,519.48 43,264.44

27.25 48.24

111,613.00 5,556.95

90.88 18.95 97.03

1,169.96 157.86

1,120.12 90,527.75

2 51

CHECKNBR 219538 219539 219540 219541 219542 219543 219544 219545 219546 219547 219548 219549 219550 219551 219552 219553 219554 219555 219556 219557 219558 219559 219560 219561 219562 219563 219564 219565 219566 219567 219568 219569 219570 219571 219572 219573 219574 219575 219576 219577 219578 219579 219580 219581 219582 219583 219584 219585 219586 219587 219588 219589 219590 219591 219592 219593 219594 219595 219596 219597

CKDATE 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/31/2008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/31/2008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008

VENDOR CULTURAL COUNCIL OF IRC GEOSYNTEC CONSULTANTS INC DUMONT COMPANY, INC OFFICE DEPOT BSD CUSTOMER SVC AMERICAN RED CROSS WEST PAYMENT CENTER FEDERAL EXPRESS JOEL V HERMAN CENTRAL AIC & REFRIGERATION SUPPLY DUNKELBERGER ENGINEERING & TESTING KMART KILPATRICK TURF EQUIPMENT INC MANPOWER NEXTEL COMMUNICATIONS JOHN KING CORPORATION OF THE PRESIDENT FLORIDA BUREAU OF EMERGENCY MEDICAL SRV FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MORNINGSTAR INC STEW ART TITLE GLOBAL GOLF SALES INC JOSEPH A BAIRD DEBBIE MACKAY CARTER & VERPLANK INC WORLD OF VISION EDWARD PRIME PRICES TREE TRANSPLANTING SERVICE WESTSIDE REPROGRAPHICS OF VERO BEACH INC KEEP INDIAN RIVER BEAUTIFUL INC LYNNE S GAGNON COM CAST ADVANCED XERORAPHICS IMAGING SYS DAVID & AUDREY COLONNA PINNACLE GROVE LTD THE CLUB OF VERO SOUTHERN PLUMBING INC GCR TIRE CENTERS SCHOOL DISTRICT OF I R COUNTY GORDON SPARKS RECHTIEN INTERNATIONAL HABITAT FOR HUMANITY CONSOLIDATED RESOURCE RECOVERY INC CLASSIC CHEVROLET ARCADIS US INC MICHAEL J QUIGLEY AND RITZ SEPARATION INC ROWMAN & LITTLEFIELD FLAGLER CONSTRUCTION EQUIPMENT LLC SAVE THE MOMENT VERIZON WIRELESS JEAN PETERS RAISA SENDROVICH EDUARDO RIVERA US FOODSERVICE MARTRONICS UNITED RENTAL YURIK, DAVID TINA BAKER CLEANING RANDOM HOUSE INC

AMOUNT 2,930.00

65,062.52 934.00

1,014.88 85.00

194.00 103.49 35.60 60.68

404.00 38.90

438.57 6,859.00

497.06 80.75

5.65 250.00

24,705.01 39,525.20

875.00 15,000.00

174.76 114.44 140.00

250,000.00 89.95

139.95 2,900.00

10.00 8,881.81

100.21 60.00

31,000.00 70.00

338.00 525.00 260.00

3,432.00 1,485.83

120.00 55.34 74.70

69,632.30 19,659.00 18,502.05

240.00 1,039.26

525.34 5,405.03

60.00 1,798.57

440.00 220.00 569.96 233.55 423.36 312.00

25.54 360.00 . 498.71

3 52

CHECKNBR 219598 219599 219600 219601 219602 219603 219604 219605 219606 219607 219608 219609 219610 219611 219612 219613 219614 219615 219616 219617 219618 219619 219620 219621 219622 219623 219624 219625 219626 219627 219628 219629 219630 219631 219632 219633 219634 219635 219636 219637 219638 219639 219640 219641 219642 219643 219644 219645 219646 219647 219648 219649 219650 219651 219652 219653 219654 219655 219656 219657

CKDATE 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008

VENDOR ATLANTIC TRUCK CENTER CITICAPITAL COMMERCIAL CORPORATION ADAMS HOMES OF NORTHWEST FLA SOUTHERN JANITOR SUPPLY INC JOHNS EASTERN COMPANY INC JAMIE DUNSON RICHARD PEEPLES UNITED FOR FAMILIES MARONDA HOMES CAPITAL OFFICE PRODUCTS MCMAHON ASSOCIATES INC MASTELLER & MOLER INC BEACHLAND CLEANING SERVICE HARCROS CHEMICALS, INC. THE CHURCH OF JESUS CHRIST OF LATTER-DAY · AUGUSTIN, JACQUES & MARIE WHARTON-SMITH INC TREASURE COAST FOOD BANK JACK ICE AND JAVA HEINTZELMAN'S TRUCK CENTER INC STEPHANIE JO OSBORN MET PRO DUALL DIVISION DAYSPRING DAVID SMITH OCE' NORTH AMERICA INC BRILLIANCE AUDIO BOLINDA PUBLISHING CO 1ST FIRE & SECURITY INC MILLERS HEALTH MART PHARMACY COLUMBIA ANALYTICAL SERVICES INC COVERALL CLEANING CONCEPTS GARY EASLICK COBB, CHIQUITA POOLE AND KENT OF FLORIDA NORSEMAN PLASTICS GEORGEMAIB TONY CARPER ANDO BUILDING CORP ST FRANCIS ANIMAL HOSPITAL DAWN E MILLER MARY COLLIS DIANE WILSON DALE CLARK OUTSIDE SALES MINUTEMAN PRESS OF VERO BEACH PRUDENTIAL STAR REAL ESTATE TODD E OR DEBRA S THOMAS MENTAL HEALTH ASSOCIATION NATCO THOMPSON FABRICATING GETAWAY MARKETING INC FELLSMERE TITLE AND ESCROW LLC LONDON, STELLA T GARDNER DENVER C/0 TSC-JACOBS GARDNER DENVER C/0 TSC-JACOBS GUARDIAN EQUIPMENT C/0 MTS ENVIRONMENTAL OQUIST, CONSTANCE J ELLIOTT, CHRISTOPHER DATABASE MANAGEMENT & MARKETING INC DI VOSTA HOMES L P CEMEX

AMOUNT 443.01

7,097.32 20.62

634.90 1,108.40

50.00 225.00

1,013.94 73.58

368.02 6,157.00

10,483.40 970.00

4,197.56 78,412.00

1.36 725,239.76

429.32 760.00 102.78 50.00

55,000.00 750.00

43.61 394.00

1,190.13 198.40 410.00

91.31 5,810.00 1,903.00

13.72 50.00

849,842.48 27,362.46

810.05 205.80

36.94 114.87 360.00 160.00 65.00

1,254.00 941.11 137.95 200.00

16,956.03 186,897.22 131,035.00

344.84 15,000.00

73.58 376,292.00

87,334.00 85,000.00

26.23 79.27

200.00 46.90

5,848.42

4 53

CHECKNBR CKDATE VENDOR AMOUNT 219658 7/31/2008 SUN SKY METAL 2,925.81 219659 7/31/2008 LENNAR HOMES 132.36 219660 7/31/2008 GL HOMES BillLDING CORP 242.62 219661 7/31/2008 RUSS DRILLING 335.41 219662 7/31/2008 AARON BISHOP 300.00 219663 7/31/2008 STEPHENS, PORTER D 32.46 219664 7/31/2008 MC DONALDS CORP# 7454 641.66 219665 7/31/2008 WALLACE, WINIFRED 33.77 219666 7/31/2008 MEIER, ELIZABETH 7.50 219667 7/31/2008 CHAMPION, MAVIS 47.16 219668 7/31/2008 ROBERTS, BRIAN 32.21 219669 7/31/2008 MILLS, KAREN 104.32 219670 7/31/2008 VANDEUSEN, LINDA 38.87 219671 7/31/2008 WHITLOW, JULIANNA 46.30 219672 7/31/2008 BROOKS, BEVERLY 20.74 219673 7/31/2008 BURKE, THOMAS & KATHLEEN 42.37 219674 7/31/2008 ALVAREZ, PABLO 46.30 219675 7/31/2008 CELIS, ZAYDA 25.49 219676 7/31/2008 IHSAN, MURUVVET 62.86 219677 7/31/2008 WILSON, ANGELA 56.63 219678 7/31/2008 COMPTON, JOANN 77.13 219679 7/31/2008 GREEN, CLARENCE E 62.86 219680 7/31/2008 ARJUNE, VADEWATIE 31.84 219681 7/31/2008 ADAME, RENE R 13.40 219682 7/31/2008 KACHA YLO, LAURA 50.00 219683 7/31/2008 ROSELLEN, CONNIE 58.96 219684 7/31/2008 SMITH, CELESTE 14.41 219685 7/31/2008 QUALITY RENTAL CONCEPTS INC 36.16 219686 7/31/2008 FELKER FABRICATION 540.00 219687 7/31/2008 HAP REALTY LLC 31.93 219688 7/31/2008 HILL, DIANE L 20.43 219689 7/31/2008 ARWOOD, LISA 80.02 219690 7/31/2008 RENAE CHANDLER 90.00 219691 7/31/2008 POLARIS LIBRARY SYSTEMS 3,255.00 219692 7/31/2008 BREAKWATER VILLAS LLC 74.84 219693 7/31/2008 US KIDS GOLF 194.55 219694 7/31/2008 CYNTHIA A WILSON 70.00 219695 7/31/2008 DYER CHEVROLET 148.32 219696 7/31/2008 HENSON, DIANE 28.76 219697 7/31/2008 BY THE RIVER INC 150,879.87 219698 7/31/2008 CINTAS 141.61 219699 7/31/2008 PHYLLIS HENRY 300.00 219700 7/31/2008 MARILYN MOSS 300.00 219701 7/31/2008 SHARON BASS OR ALPHONSO BASS 50.00 219702 7/31/2008 COLDWELL BANKER ED SCHLITT REALTORS 100.00 219703 7/31/2008 RHIANNON ZARNESKY 300.00 219704 7/31/2008 MARINCO BIOASSAY LABORATORY INC 1.100.00 219705 7/31/2008 SYBIL BARTEL 40.00. 219706 7/31/2008 SHANNON DUFRANE 50.00 219707 7/31/2008 SUHANY A JOSHUA 40.00 219708 7/31/2008 ELIZABETH RILEY 100.00 219709 7/31/2008 CHRISTINE TONKIN 50.00 219710 7/31/2008 JANESSA RICHARDSON 40.00 219711 7/31/2008 ANNIE WINSKER 50.00 219712 7/31/2008 NANCY WOOD 40.00 219713 7/31/2008 GLADYS WILLIAMS 50.00 219714 7/31/2008 VBHS CLASS 1978 50.00 219715 7/31/2008 RUNG, DANIEL 30.93 219716 7/31/2008 MARTINEZ-LARA, REYNA ISABEL 19.07 219717 7/31/2008 REXFORD, JONATHAN 39.30

5 54

CHECKNBR 219718 219719 219720 219721 219722 219723 219724 219725 219726 219727 219728 219729 219730 219731 219732 219733 219734 219735 219736 219737 219738 219739 219740 219741 219742 219743 219744 219745 219746 219747 219748 219749 219750 219751 219752 219753 219754 219755 219756 219757 219758 219759 219760 219761 219762 219763 219764 219765 219766 219767 219768 219769 219770

Grand Total:

CKDATE 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/3112008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008 7/31/2008

VENDOR GALENTINE, JAMES DIXON, RALPH & BEVERLY ARCHER, JOSEPH E IMAGE ART GALLERY ILLUSTRATED PROPERTIES REO DEPT VAN EKERT, EVELIEN KEARNEY, ADAM HERTLING, GEORGE R LAMBIASE, RITA HOWARD SR, THOMAS DILLAHA Y, JEFF & CASEY GIBBONS, FRANCIS E MARQUES, CHRISTOPHER LUCAS, JOHN & LORI YOUNG, TERESA ANN MERCADO, JESSICA HAMM, MICHAEL P COLON, GEORGE L STOREY, STEPHANIE ALLISON, HOPE JEAN WEIGHTMAN, JEANINE CEBALLOS, NIDA AMP ARO ZECK,KELLI SINGLETON, PAULA M FORBIDDEN TAN OF VERO BEACH FOUNTAIN TOWERS LLC JANET GRIMSTEAD T DANIELLE MARTIN VILA, MARIA D HOPPE, FREDA VALLEY, DOREEN MORRISON, ROD RICHTER, BRENDA & RICHARD BOWERS, MARIE A SIDNEY INVESTMENT GROUP LLC WILLIAMS, ELIZABETH PARENT, RICHARD J CIRILLO, ROBERT P ESTES, WILLIAM S BRACK, CECILIA MEEHAN, THOMAS & SHEILA KARABENSH, JOSEPH LIAN,PAUL TYLER, GRANT W W JACKSON & SONS ACKERMAN, RUSSELL MANRIQUE, ERICK MARLEEN ANDREWS BUSCH SYSTEMS INTERNATIONAL INC CHAREITA WILLIAMS KRISTIN HRUSKA MICHELLE TV AN KEULEN ROBERT NOLAN

AMOUNT 29.00 74.14 15.80 73.58 75.18 11.38 34.39 13.43 54.83 27.99 15.72 31.39 15.63 69.33 57.49

2.27 35.74 33.41 46.99 15.98 29.04 26.44 47.81 21.48 93.56

9,434.73 100.00 30.00 39.44 39.44 45.61 41.77 17.08 27.10

251.83 79.81 73.58 44.56 13.72 48.44 38.58 44.65 70.35 34.78

335.41 78.46 35.48

200.00 6,252.99

700.00 24.48

250.00 320.39

4,921,649.69

6 55

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES

MEMORANDUM

TO: Honorable Board of County Commissioners

THROUGH: Joseph A. Baird County Administrator

THROUGH: John King, Director ~\~ Department ofEmer~~ices

FROM: Jason Ogilvie, Manager )/.tJ Department of Emergency Semces

DATE: July 24, 2008

SUBJECT: Approval of Bid Award for IRC Bid# 2005051 IRC Animal Control Case Management Software

The Department of Emergency Services, Animal Control Division, has requested the solicitation of competitive sealed bids to provide animal control case management software. HLP, Inc. was the only respondent to the bid. The software is compatible with the Humane Society which enables the ability to share data. Vendor will supply support and maintenance. Original bid was $20,820 including five (5) days of training. The Department waived two (2) days of training for a savings of$1,800. In addition, the bidder provided a $2,200 discount for a total savings of$4,000 bringing the total price to $16,8:20.

The bid results are as follows:

Bid Opening Date: DemandStar Broadcast to: Replies:

Bid Tabulation:

Estimated Budget:

Total Amount of Bid:

Source of Funds:

May 9, 2008 at 2:00p.m. Three Hundred Eighty Four vendors One vendor

See attached Bid Tabulation Sheet

$16,820.00

$16,820.00

00125062-035120 Computer Software

56

RECOMMENDATION:

Staff recommends that the bid be awarded to HLP, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

ATTACHMENTS:

1. BidForm 2. Bid Tabulation Sheet 3. Corporation Information

APPROVED FOR AGENDA llldiCin River Co. A raved . Dute

Admin. ~~ 'l/7 o9

(o. AttorneY "2.- '>. 1- .r.

Budget '-M rof'ir fl 1/hr- ~

FOR: August 12. 2008

I II .v

"1· "l., ·<* Dept. ;....

Ri$k M!lr. lu J· 01·30-d

Gene

Purchasing 9.9- 1~1-d!

57

)

Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960

Invitation to Bid Form

Specifications for: Indian River County Animal Control Case Management Software

Bid #: 2008051

Bid Opening Date I Time:

Bid Opening Location:

May 9, 2008 at 2:00P.M.

Purchasing Division 1800 27th Street, Bldg B Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following:

~ Total Bid Price$ QOJ 'bd...O -r Wm~ +housand, "-''j~'Yf 'yJ__u!ltlrJ --/..Jc~ ( 1,.-sf- Ue:t~.Y; l!\civJ,n. Dollars Words dol\a.vs .

...L~ 1,., 1 ,.upper£-, M.CL<n ~~ce. a..rJ 'W""'-':1 1Vr S dtU.A5 t7rt$i/-c.. , oo J,.-

Addihonal Annual Maintenance and/or Upgrade cost if applicable $ Y '31.0,- (' </J <:'. "Vn.r -, . '---\::.:;-\....-\-,.,;-, * A.trea.d'f mdvoi~J

<..A./1 '4 f'" L.-. VVVY• - S ok.u. • ~' S '-" .!{

)

~ j:;v._cl. ServtC!.r.... U'"'-k S~V"'e· /oe-~ OJ-11'1\.{.CI._( CoST

Please submit one (1) original and one (1) copy of your bid. ~i-h.r-h,..., 2 nd_ 1 ~ · Will your company extend these prices to other governmental agencies within the State of Florida?

Yes 1'lJ The undersigned 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:.___,_l-\4-!L=P,____.I..c.:N,_,C-""------------------

Company Address: QSC\.5' S' 1-.c.-UJ (.') ldaw \

Page 11 ofl7

58

City, State, Zip: b,p_ke uJc> ad Co ({ O~Z{ Telephone: "ifOO-lfS'C(- 83 7C.

Occupational License:-=::::--------

Authorized Signa~ ~(5"6-a {~ Name: (TypeorPrint):J?.~\:,) ._..,- ((e-e_

Page12of17

Fax:

FEIN Number:

Title:

$la(r <i;'-1.'-/- 3 '2-qy ~(p -OI./87(p'L

Date: 5- ( -V8

Sili-U r-..J'vi0d~~

59

Affidavit of Compliance (Please include this form with your bid)

Indian River County Bid# 2008051 for Animal Control Case Management Software

0 We DO NOT take exception to the Bid I Specifications.

E:) We TAKE exception to the Bid I Specifications as follows:-----------

. vJ~ :t.vrfocV\r!,,-bl'tO --tUcm :seems ±D appi<-I 1-n~ . I I

\fJ_Z~¥fT:t soffU)L;l? onll 1DVt\.dl (-::> Q1 (l~

Company Name: H:t. e J rJ L Company Address: ;25q.5 S- Lar.....JI s

la.J--e "" 2oo d CD Telephone Number: r:J:O-'-f: 'SC[ -g '?J?(o

tl'haf ~k- fi3 17'-f <Ro~~

E-mail: §aks ~~-)~ b.e.a.cid Col"h

Authorized Signat~·L = Date: 5- f ~ 0 '2? ~~~~~~~==------ \

Name: Kdotn (-B-e. Title: 8¥rt .e.,; ., Mwrk '"RA""\.!""\_ (Typed I Printed) 0

Pagel3of17

60

Warranty Information Form (All Blanks must be filled in and Submitted with your Bid)

Indian River County Bid # 2008051 for Animal Control Case Management Software

Is there a warranty on the proposed equipment? YesD NoD ./VA-

Does the warranty apply to all components or only part? (Please specifY) -!Ni-00.-IA---------

Warranty period for parts: _N'--'-'{'0-'----------------

Warranty period for service: _ __t_;._k' ____________ _

Nearest source to Indian River County for parts and service: ...DI-.1='--------------

Wbo will provide service and where in the event of failure within warranty period? rJA-Company Name: ___________________ Phone:-------

Address:--------------------------------

Conmctpe~on: _____________________________ _

Will any volunmry service follow insmllation or delivery? Yes D NoD

If so, by whom?:...·----------------- Wben? _________ _

Wbo is the highest authority (manufacturer, distributor, dealer, etc ... ) fully behind this warranty?

A copy of the complete warranty statement is submitted herewith: Yes D NoD P\.w.s.e. .s~-<u c ... ph e.n <~-

L' (.e/\.5(._ --i::)rve¥11. c

Page14ofl7

61

)

)

SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS

TillS FORM MUST BE SIGNED IN Tiffi PRESENCE OF A NOTARY PUBLIC OR OTiffiR OFFICER AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted with Bid, Proposal or Contract No. _ _.,_20~0~8llO!d5~1 ____ _

for Animal Control Case Management Software

2. This sworn statement is submitted by: -{H-1-.!::LP::::!.__-/../.!..M-"-'L.""--------------

3.

(Name of entity submitting Statement)

whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is --------

(If the entity has no FEIN, include the Social Security Number of the individual signing this

sworn statement ____________ .)

My name is -~___c:,.~b~b~l :..JCJ___;j."----l~.__ke-'-.C-e"'------,------,---------• (Please print name of individual signing)

and my relationship to the entity named above is --'e'-'/~Yh.!lf!oopul.uo'--\~4f-(4'£~~:___----------

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-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild.

Pagel5ofl7

62

)

6. Based on information and belief, the statement, which I have marked below, is true in relation to the

entity submitting this sworn statement. [Please indicate which statement applies.]

r...--- 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.

___ 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

Name of County Commissioner or employee

Relationship

·.·)~\Cu__

~~nature)

STATE OFC1""""-)...L..,-_____ _

(Date)

COUNTY OF\).d (\LA 1 .1

The foregoinj; instr~ent was acknowledged before me this ?~day of JV\ ~ , 20

~ by f-..bb <I\ K~{ k.te.. , who is personally known to me or who has

produced t h \ ~ ~ Q\5- · \3'6 · 0 t<;:;l] as identification.

PRINT:

Page 16 of 17 1\!y"-~-w.E . N ~ ... , .. ~, Xlllr!!S ov 10. 2008

63

\ Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 -

)

/

Phone (772) 567-8000 Ext. 1416

Fax (772) 770-5140

ADDENDUM NO. 1

Date: April 28, 2008

Project Name: Indian River County Animal Control Case Management Software

Bid Number: 2008051

Bid Opening Date: May 9, 2008 at 2:00pm

This Addendum is issued for the purpose of: Responding to question asked by potential bidder.

Q. What is the number of workstations that will be used for daily operations?

A. The Animal Control Department will consist of two (2) workstations and up to six (6) field units.

*************This Addendum MUST be returned with your Bid**************

All Bids must be mailed to the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened.

Company Name I-f LP /iU C

Name: J<alocn \<ee_ (Type I Printed)

Authorized Sign~r{(~\~ Telephone: ~Lft-Lf9J- 'b37~ x I

Date: '5-1- 0'6

Fax: <l (o(g- ~L{4- "3:,?_ 2.!1_

64

Bid# 2008051

Bid: Animal Control Case Management

Bid Opening Date: 05/09/2008 Time: l:OO lnm

"" @ ~ Bidder ~ ~

"" .. .• CJ

= ·c ~

"- HLP, Inc. X Yes

Lakewood, CO

."-

i I

COMMENTS:

Indian River County Purchasing Division

1800 27th Street, Vero Beach, FL Jl960

(772) 567-8000 ext.Ut6

BID TABULATION SHEET

~ = ~ Additional Annual " ~ Maintenance/Upgrade Cost l5

X $4,320.00

.... 'It

I

J ~ ~

X

Witne_$S_;_M_~~_e_clmn McLau!!hlin

Witne:.ss_;_Joe:J(~Un.l!.

TOTAL BID PIDCE

$20,820.00

PMtl~tf'l

1...0 c.o

www.sunbiz.org- Department of State

Home Contact Us E~Filing Services

Previous on List Next on List Return To List

No Events No Name History

Detail by FEI Number Foreign Profit Corporation HLP, INC. OF ARIZONA

Cross Reference Name

Filing Information

Document Number F99000000740 ~ ·~··•ooo'4876:zo'

Date Filed 02/09/1999 State AZ Status

Principal Address 3271 FALKLAND CIRCLE HUNTINGTON BEACH CA 92649 US

Changed 03/21/2000

Mailing Addr~ss 3271 FALKLAND CIRCLE HUNTINGTON BEACH CA 92649 US

Changed 03/21/2000

Registered Agent Name & Address PURTELL, JOHN T 5778 SWWINDSONG LANE STUART FL 34997 US

Name Changed: 02/02/2005

Address Changed: 02/02/2005

Officer/Director Detail Name & Address

Title PCD

HOOVER, ROBERT K 3271 FALKLAND CIRCLE HUNTINGTON BEACH CA 92649

Tttle VSTD

HOOVER, DIANE L

.Page 1 or L

Document Searches Forms Help

http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc_ number=F990000007 40&inq... 6/11/2008

66

Ariz. ·corp. Comm. -- Corporations Division Page 1 of 1

06111/2008

Arizona Corporation Commission State of Arizona Public Access System lO:OOAM

I Corporate Status Inquiry !File Number: -0165680-2

!corp. Name: HLP, JNC.

This Corporationisilf'·GoodStanding• This information is provided as a courtesy and does not constitute legally binding information regarding the status of the entity listed above. To obtain an official Certificate indicating that the entity is in good standing click on Print Certificate and follow printing instructions. To re-print a previously generated Certificate of Good Standing click Reprint Certificate.

Print Certificate J ( Reprint Certificate )

[ Return to Corporate Inquiry ]

I I I

. http://starpas.azcc.gov/scripts/cgiip.exe/WService=wsbrokerllws179.p 6/11/2008

67

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Honorable Board of County Commissioners

THROUGH: Joseph A Baird, County Administrator , THROUGH: John King, Director ~~

Department ofEmerg~ s\kvices

FROM: Frances Sherwood, REP/Radio System Manager ~

DATE: July 29, 2008

SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc.

It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

Since the completion of the 800 MHz radio system project, the Board of County Commissioners has approved a contract with Communications International, Inc. to provide backbone/infrastructure maintenance for the 800 MHz Communications System.

The approved contract for FY -2005/06 provided for renewal or extension of the contract in one (I) year increments for a total of five (5) years upon mutual consent of the parties and a price adjustment based on the Consumer Price Index (CPI).

The proposed FY-2008/2009 renewal contract for the communications system backbone/infrastructure maintenance totals $223,620.36 fur the year or $18,635.03 monthly. This includes the price adjustment based on the Consumer Price Index (CPI) Southeast

Urban Region of 4.6%.

Funding for the communications system backbone/infrastructure maintenance contract is included in the FY-2008/09 Communications/Emergency Services (001-107) budget.

RECOMMENDATION:

Staff recommends approval of the renewal of the referenced contract with funding provided from the Communications/Emergency Services budget.

68

ATTACHMENTS:

2005/06 Master Service Agreement Backbone/Infrastructure Equipment Maintenance Contract

2008/2009 Attachment "D" Maintenance Cost for Backbone

APPROVED FOR AGENDA

FOR: August 12, 2008

oseph A. Baird County Administrator

Indian RJver Co.

Adm!D.

Co. Attorney

Budget

Dopt

RlskMgr.

GeJleral Svcs.

Purchasing

Approved

-£e fi,f£;,, \A,-

J it..,~ ! a~ ,,,,J,

.. .. ¥/7/or 7-"· .-"!

g-j,jr;g 7·3•-cll"

1•30·V{

69

Master Service Agreement

Between

Communications International Incorporated

And

Indian River County

Contract Number CII-05-818

70

. ..,'

Table of Contents

Am£!! Iitm

1.0 Definitions I

2.0 Scope of Work 2

3.0 Term of Agreement 2

4.0 Prices and Terms of Payment 2

5.0 Extra Charges 3

6.0 Miscellaneous Terms 3

7.0 Response Time 4

8.0 Title, Risk of Loss and Claims 4

9.0 Force Majeure 4

10.0 Cancellation 4

11.0 Warranties 4

12.0 Work Sites 5

13.0 Indemnifications 5

14.0 Insurance 6

15.0 Notices 6

16.0 Waiver of Terms and Conditions, Survival 6

17.0 Partial Invalidity Headings 7

18.0 Order of Precedence 7

19.0 Entire Agreement and Modification 7

20.0 Notice of Certain Laws 7

21.0 Governing Laws and Venue 7

22.0 Adjustments, Modifications, and Amendments 8

23.0 Default 8

24.0 Substitution 9

Attaehments

A Scope ofWork

B Demand Services Rates

c Purchasing Agreement

D System Equipment List and Pricing

E Certificate of Liability Insurance

71

Master Service Agreement

TillS AGREEMENT is made and entered into as of this 18111 day of August, 2005 by and between COMMUNICATIONS INTERNATIONAL, INC., a Florida corporation, hereinafter called "CIT" and INDIAN RIVER COUNTY, Florida hereinafter called "The County" and effective the 151 day of October, 2005. The number of this Agreement shall be CII-05-818.

Recitals:

WHEREAS, CII currently provides certain Products and Services in relation to two-way radio communications within the boundaries of State of Florida; and

WHEREAS, The County desires to subcontract the purchase of these Products and Services described herein from CIT; and

WHEREAS, the Parties wish to establish terms, conditions and pricing under which the particular Products and Services will be purchased by The County.

NOW, THEREFORE, for and in consideration of the prices negotiated and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, CII and The County hereby agree as follows:

1.0 Definitions

(A) "Parties" shall mean, collectively, CII and The County.

(B) "Products" shall mean that equipment, accessories and miscellaneous items CII offers for sale to The County at negotiated pricing as stated within this Agreement.

(C) "Services" shall mean those services to be provided by CII to The County pursuant to this Agreement but not limited to, maintenance, support services, installations, training, labor, and testing.

(D) "Software" means those Product(s) or portions thereof consisting of computer software programs, software utilities, and source code or o1:>ject code.

(E) "Fixed Equipment" is defined as the site repeater stations and associated equipment, multi-site coordinator, console electronic equipment and radio control stations and as otherwise specified described as Fixed Equipment in this Agreement.

(F) "Mobile Equipment" is defmed as all vehicular mounted radios, personal portable radios, vehicular repeaters and portable radio chargers and as otherwise specifically described as Mobile Equipment in this Agreement.

(G) "Professional Services" are defined as service requests in this Agreement.

- 1-

72

(H) "Working Hours" are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding Holidays unless otherwise defined within this Agreement. Services performed outside of Working Hours shall be defined as "Emergency Services".

2.0 Scope of Work

CII agrees to maintain the ability to provide the Products and the Services set forth in this Agreement and to provide the Products and Services described herein to The County including Emergency Services and Professional Services. The County agrees to purchase these products and services from en as needed, in accordance with the terms and conditions of this Agreement. Please reference Attachment A, Scope of Work, as a guideline for services performed under this agreement.

3.0 Term of Agreement

This shall be a one (1) year contract with a four (4) year renewal option upon mutual consent of the County and en in writing, ninety (90) days prior to each one (1) year expiration date. If no documentation is received from the County prior to the renewal date, the contract will automatically renew for the next one (1) year period. The basis for this extension will be the consumer price index (CPQ for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal. The adjustment factor used to create price adjustments up or down for each unit price proposed is as follows:

Previous 12 month CPI-U South Urban Current year CPI-U South Urban

= CPI Adjustment

This Agreement may be terminated by either party at will, with or without cause, upon not less than ninety (90) days notice in writing by overnight delivery, personal delivery, or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt.

This Agreement will expire in the event that the Owner does not appropriate the funds for renewal.

4.0 Prices and Terms of Payment

(A) The prices to be charged by CII for Professional Services and Emergency Services are set forth in Attachment B.

(B) The prices to be charged by en for the sale of service parts are set forth in Attachment C.

(C) The prices to be charged for System Preventative Maintenance are set forth in AttachmentD. .

-2-

73

(D) Professional and Emergency Services and purchase of all service parts will be in accordance with Florida Statutes 218.70, et seq., "Prompt Payment Act".

(E) Notwithstanding the foregoing, CII may invoice The County for services performed as completed. The invoice shall contain The County's purchase order number and description of services including quantity, if any. The County will make timely payment to CIT, i.e., no more than 45 days from date of receipt of an invoice. During the month of September (the last month of The County's fiscal year), CII shall submit to The County, all work orders for services performed during the month of September. Each work order shall be submitted by CII to The County within 48 hours after the work order is completed. CII shall submit all invoices to The County, for work performed during The County's fiscal year (October 1 to September 30) no later than October 15111

• The County will consider invoices received after October 15th for services completed prior to September 30th, invalid and not payable.

5.0 Extra Charges

No extra charges of any kind will be allowed unless specifically agreed to in writing from both parties.

6.0 Miscellaneous Terms

(A) Professional Services, including the installation, removal, or reinstallation of equipment, shall be performed by CII, following reasonable notice to The County, and at the hourly rates listed in A~ent B.

(B) In addition to the Services specified in this Agreement, The County may order other work to be provided by CII including specially designed work or services othetwise not in conformity with this Agreement. Within ten (1 0) business days of receipt of a Special Requirements Order, CII will furnish The County with a proposal to fill such Order including price and delivery time. The County may accept or reject any such proposal within ten (10) business days of receipt; any proposal not specifically accepted will be deemed rejected on the eleventh business day after receipt.

(C) Purchase orders issued in compliance with this Agreement, other than Special Requirements Orders, shall be deemed accepted upon receipt by CII. Special Requirements Orders shall be deemed accepted by CII upon receipt of The County's acceptance of CII' s proposal.

(D) Unless otherwise specifically agreed to in writing between CII and The County, the terms and conditions of this Agreement shall take precedence over any accepted purchase order .issued after the date of this Agreement, in conformance with Article 18 of this Agreement

(E) The County agrees to notify CII immediately if, at any time, it appears the Services and requirements set forth in this Agreement may not be satisfied. Such notification shall include the reasons for any anticipated delay (including, but not limited to, the reasons set forth in Section 9.0, Force Majeure) and the proposed schedule in which

-3-

74

The County shall resume compliance. The County agrees that it shall, at its own expense, exert every reasonable effort and take other actions as may be necessary to meet the requirements of this Agreement

7.0 Response Time

Response time is per scheduled event as defined in Attachment A (Scope of Work) of this Agreement.

8.0 Title. Risk of Loss and Claims

The County must make any claims against err shortages in quantities shipped or deficiencies in services rendered within ninety (90) days from the date of delivery or invoice of such material or services.

9.0 Foree Majeure

err will not be considered in default or liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises directly or indirectly out of an act of nature, war, strikes, lockouts, trade disputes, fires, quarantine restrictions, Governmental action or by causes beyond the reasonable control of err. In such event, any obligation of CII under this Agreement will be postponed until the cause underlying the force majeure has been eliminated at which time the obligation will again be in effect. Any loss of time by the force majeure will not be held against CII who was unable to comply with its obligations under this agreement because of the force majeure. CII shall immediately notify The County in writing if a force majeure event delays performance and shall state the revised date for performance.

10.0 CaneeUation

This Agreement may be terminated by either party at will, with or without cause, upon not less than ninety (90) days notice. in writing by overuight delivery, personal delivery, or registered mail return receipt requested to the other party. Such notice shall be effective . upon receipt.

11.0 Warranties

(A) err warrants that all Services performed hereunder shall be free from defects in materials and workmanship and shall be the kind and quality necessary to assure performance of the equipment in accordance with the terms of this Agreement.

(B) Except as set forth above in this Section, err makes no warranties, express or implied, relating to the equipment including, without limitation, the warranties of merchantability or fitness for a particular purpose of the equipment. The manufacturer's warranties will apply in this case.

-4-

75'

12.0 Work Sites

Work under this Agreement which involves operations by err on the premises of The County, err shall take all necessary precautions to prevent the occurrence of any injury to person or property during the progress of such work and CII shall maintain such Public Liability Property Damage and Employee's Liability and Compensation Insurance as well as protect The County from said risks and from claims of any kind including, but not limited to, claims under any applicable Worker's Compensation and Occupational Disease Acts.

13.0 Indemnifications

(A) CII hereby agrees that CII shall indemnifY and save harmless The County from any and all liability, claims, damages, expenses, including attorney's fees, proceedings, and causes of action of every kind and nature, including losses incurred or suffered in consequences either of bodily injury to any person or damage to any property, arising out of or connected with any act or omission of CII, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Agreement. err further agrees that it shall, at its own expense, defend any and all claims, suits, or proceeding, which may be brought against The County in connection with CII. This includes, such acts or omissions of any of its employees, agents or subcontractors, and shall satisfY, pay and discharge any and all judgments that may be entered against The County in any such action or proceeding.

14.0 Insurance

(A) During the term of this Agreement, CII shall maintain all insurance coverage required pursuant to applicable state and federal laws, including worker's compensation insurance. In addition, CII shall purchase and maintain, in a company (or companies) lawfully authorized to do business as an insurer in the State of Florida, liability insurance for protection against personal injuries, deaths, and property damages, arising from or in any manner occasioned by the acts or omissions of CII or anyone · directly or indirectly employed by CII, with The County designated as the named insured in a minimum amount of one million dollars ($1,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate. Such insurance policy or policies shall provide that the insurance coverage may be reduced, canceled, or terminated by the insurance company or CII without providing written notice to The County not less than thirty (30) days in advance of the reduction in coverage, cancellation, or termination of the insurance policy or policies. The Certificate of Insurance is Attachment D of this agreement.

(B) CII shall not be relieved of any liability assumed pursuant to this Agreement (Indemnification) by reason of its failure to secure and maintain insurance as required by this Section.

-5-

76

:

15.0 Notices

All notices or requests required to be given hereunder and all other communications related to this Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, sent by certified or registered mail return, receipt requested, or commercial overnight delivery courier service (such as Airborne Express or Federal Express) as follows:

If to CII:

Communications International, Inc 4450 U.S. Highway 1 Vero Beach, FL 32960 Atto: Customer Service

If to The County:

Indian River County Emergency Services 1840 25111 Street Vero Beach, Florida 32960-3365

16.0 Waiver of Terms and Conditions. Survival

(A) The failure of CII or The County in any one or more instances to insist upon performance of any of the terms and conditions of this Agreement, or to exercise any right or privilege contained in this Agreement or the waiver of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terms, conditions, rights or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.

(B) Either Party's obligations under this Agreement which by their nature would continue beyond the termination, expiration or cancellation of this Agreement shall survive termination, expiration, or cancellation of this Agreement including, but not limited to, warranties, indemnity, and limitation ofliability.

17.0 Partial InvaHdity, Headings

(A) If any term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding same, this Agreement shall remain in full force and effect and such term of provision shall be deemed stricken.

(B) The heading of each section of this Agreement is provided for convenience only. If any conflict of interpretation arises between a heading and the text, the text will control.

-6-

77

18.0 Order of Precedence

Any inconsistency between this Agreement, Purchase Order Releases, the specifications and other documents will be resolved by giving precedence to those documents in the following order, with the document to be given greatest precedence listed first:

1) Purchase Orders with non-standard terms and conditions accompanied by a mutually approved Statement of Work.

2) 1bis Agreement and Attachments.

3) Purchase Orders with standard terms and conditions.

19.0 Entire Agreement and Modification

1bis Agreement and the attachments hereto and made a part hereof sets forth the entire Agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification, or waiver of any provisions of this Agreement or consent to any departure there from shall be effective unless in writing signed by duly authorized officers of both parties.

20.0 Notice of Certain Laws

The laws of the State of Florida impose civil and misdemeanor criminal penalties for violation of purchasing guidelines. In addition, the laws of the State of Florida impose felony penalties for bribes, gratuities, and kickbacks.

21.0 Governing Laws and Venue

The laws of the State of Florida shall govern the interpretation, administration, and enforcement of this Agreement entered into by and between err and The County. Any and all legal action brought to enforce to interpret this Agreement shall be brought and · maintained in the appropriate state court in Indian River County, Florida.

22.0 Adjustments. Modifieations, and Amendments

(A) Should The County and CII mutually agree to a change in the scope of the program during the term of this Agreement, err will be allowed to change the Agreement price up or down as indicated by the change in the scope of the Agreement. However, any amendment to this Agreement must be in writing and signed by The County, prior to such change being effective.

(B) Changes in the provisions of this Agreement of Products and Services to be rendered under this Agreement may be made only in writing and must be approved mutually by an authorized agent of err and by The County.

-7-

78

(C) en shall give full attention to the faithful execution of this Agreement, shall keep this Agreement under its control, and shall not by power of attorney or otherwise assign this Agreement to any other party without the prior written approval of The County which may be unreasonably withheld.

(D) If Products to be furnished or Services to be provided pursuant to this Agreement are abandoned or delayed by en, or anytime The County is of the opinion that Products to be furnished or Services to be provided have been abandoned or delayed by en, The County may terminate this Agreement or any part thereof if en fails to resolve the matter within three (3) days of receipt of written notice of delay or abandonment from The County ofits designee.

(E) Should laws change requiring additional Services or significant changes in cost, en and The County will negotiate an equitable price increase. The reverse will hold true should laws change requiring fewer Services or reductions in cost, in which case en and The County will negotiate an equitable price reduction.

(F) During the term of this Agreement, en shall furnish all the Services specified in this Agreement. en understands and agrees that this is a requirements Agreement and that The County has no responsibility or obligation to en to assist in providing the required services.

23.0 Default

This Agreement may be canceled or annulled by The County in whole or in part by written notice of default provided to en upon non-performance or violation of Products or Services described herein. In such an event, article specified may be purchased on the open market similar to those so terminated. Failure of en to deliver goods within the time stipulated in this Agreement, unless extended by The County or his designee, such as the Administrative Director of the Indian River County, shall constitute a default.

24.0 Substitution

This Agreement and the attachments hereto and made a part hereof sets forth the entire Agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification, or waiver of any provisions of this Agreement or consent to any departure there from shall be effective unless in writing signed by duly authorized officers of both parties.

-8-

. '

79

IN WITNESS WHEREOF, Communications International, Inc, and The County have caused this Agreement to be signed as of the dates set forth below.

Title: Vice President~

Date: cf /; rfl ()O Q !)"' I I

Indian River County

By: Qa._ <::j / ~ Name: Thomas S I owther. Chairman

APPROVED

- 9-

Attest: J.K. Barton, Clerk

(3 . '~(--), By:~~

DePlltYCki<

80

I. SITE OF WORK:

Attachment A

Scope of Work

Fixed equipment maintenance shall occur at the site of the equipment installation where located

in the Indian River County, Vero Beach, Florida~ Mobile and portable equipment will be

repaired at the agreed upon repair facility.

ll. SERVICE:

Service shall be defined as repairs to all equipment specified herein as a result of normal

operational failures.

The communications equipment covered by this contract will not be limited to any brand of

manufacturer's equipment. It shall cover full maintenance of all communications type

equipment identified herein that is owned and purchased and listed for maintenance coverage

on attached" Attachment B".

en shall not be liable for costs incurred for repair and/or replacement of equipment that

becomes inoperative due to negligence on the part of the user, liquid intrusion, lightning

damage, user installations, user removals, and/or acts of God. Any component parts replaced

because of abuse on the part of the user can be returned to the County for examinations.

en shall not be liable for costs incurred for correcting and/ or repairing backbone damage

and/or data c9rruption caused by improper operations or failure of associated systems.

Associated systems are defined as any equipment used in the operations of the Radio System

that is not direetly maintained by en.

en shall not be liable for costs incurred by maintenance that is being performed on associated

systems that cause damage and/or failure of backbone operations.

81

ll. CONTRACTOR FACILITES:

CII shall also maintain properly equipped mobile service units capable of diagnostics and

repairs. Maintenance and repair work from the mobile service units will normally be limited to

fixed equipment, but shall be capable of services to mobile units in field locations when deemed

necessary.

ID. ADDITIONS AND DELETIONS.: The quantity of units to be maintained/serviced may be added to or subtracted from the contract

while the contract is in force. New units purchased in any given budget year may be added to the

contract in the month following the expiration date of the manufacturer's warranty.

All units added to or removed ·from service in a particular month, will be added to or dropped

from charges to the user the following month. A letter of authorization will be required to add

to or delete from the "Exhibit B". All units are to be identified with LID#, serial number, and

property number.

IV. INSTALLATION AND REMOVALS: All installations and removals of equipment will be made in accordance with good engineering

practices, as specified by the original equipment manufacturer. All installations and removals

will be accomplished at CII provided facilities during normal business operating hours.

Exceptions to aforementioned hours to installation or removal of fixed equipment, aircraft

units, disabled. vehicles, or units deemed as special need by the County.

V. COSTING AND HOURS OF SERVICE: Maintenance pricing is to be based on:

A) Preventative maintenance/repair work to be accomplished during the hours of

8:00a.m. to 5:00p.m. Monday through Friday (excluding holidays). Repair or

maintenance may be accomplished at other times as deemed necessary by CII

and agreed to by the County.

1

82

B) All fixed equipment considered to be necessary to maintain public safety and

listed on "Exhibit B" with twenty-four (24) hour coverage, will be maintained

twenty-four (24) hours a day, seven (7) days a week.

C) Repair work shall be performed as required and will take precedence over

normal equipment preventative maintenance (preventative maintenance on

backbone site excluded).

D) Preventative maintenance and repair work will normally be accomplished at the

en facility, with the exception of fixed equipment, which will be

maintained/repaired at various locations throughout the County. Other

exceptions would be any user equipment on "Exhibit B" having on site

maintenance/repair included.

E) Demand services rates based on current contract terms are normal office hours,

Monday through Friday 8:00 a.m. to·5:00 p.m. (excluding holidays). After

hours and holidays rate is one (1) and one have (112) times the rates defined on

Attachment B. (Certain restrictions apply).

F) Repairs, installations, or removals on non-essential equipment performed after

normal operating hours to be billed at fixed hourly rates or quoted pre

negotiated rates. All non-essential maintenance and repairs to be contingent on

en scheduling and en personnel availability.

G) Costs of preventative maintenance and repair work shall include all parts, labor,

and travel required. The following are not included as part of the

maintenance/service contract: antennas, tower work, coax, installations,

removals, or batteries.

H) Repair of a trouble condition that has been declared of a critical nature shall not

have work interrupted by the end of the designated business day of 5:OOpm.

2

...

VI. EMERGENCY SERVICES:

During a natural disaster, civil disturbance, or other county declared emergency, Cll will be . .

required to respond within two (2) hours after notification (nature of emergency permitting) by

the Emergency Management Department and in accordance with ESF directives. Cost of

service will be at the fixed after hours rate.

Vlll. DEFINITION OF WORK:

en shall repair, maintain, service, and perform preventative maintenance on all uuits as are

listed on the "Exhibit B" as necessary and required to meet requirements of the County and

factory specifications.

For those pieces of commuuications equipment necessary to support public safety and listed on

"Exhibit B" as being maintained twenty-four (24) hours a day, en guarantees a two (2) hour

response time for covered equipment, from the time a request is received from authorized

personnel.

err takes responsibility for diagnosing system problems and taking corrective action. en will

be a "one call" point of contact to provide all services required to support the Town-wide RF

system.

en will provide to the County Radio Manager a monthly report detailing repairs and

maintenance performed on the primary system equipment over the previous thirty- (30) days.

err will also provide to the County a copy of the preventative maintenance schedule, which

will be performed on the primary system equipment.

Equipment not listed on "Attachment D" can be maintained or repaired at the current demand

service rates as listed in" Attachment B": Costing and Hours of Service, paragraph E. Repairs

not limited to manufacturer or models. All demand services limited to parts availability and

manufacturer support.

3

84

Attachment B Contract Number CIT -05-818

Demand Service Rates

Professional Service Rate Per Hour

Support Staff

Cabler

System Installer

Maintenance Tecbnician (Bench)

Site Manager

System Technician

Project Manager

RF Engineer

IT Engineer

Emergency Service Rate

Expense's

Lodging

Per Diem

TravelTime

$ 50.00

53.00

62.00

68.00

72.00

72.00

85.00

85.00

93.75

Rate*l.5

Actual

Actual

IRS Rate

Actual

85

Attachment C Contract Number CII -05-818

Purchasing Agreement

en would like to extend the current purchasing contract to Indian River County and all departments and agencies with-in. Pricing discounts for all Ml A-Com manufactured service parts will be at the current Public Safety discount level of 25% off the list price (MIA-Com Software and Legacy parts Excluded). List price would apply to the current list price published ln the Private Radio Systems Products and Services Catalog. All Jist pricing will reference the most current pricing available.

All vendor items will be priced at current published "Public Safety or Governmenf' discount levels.

Discounts on all other manufactured equipment, cnstom equipment, and software not having published discount levels to be quoted at the time of the request. All prices will be at best pricing offered to public safety agencies with in the confines of the State of Florida by en.

86

Attachment D

Indian River County GPS Simulcast System Maintenance Costs for Backbone

Oetober 1, 2005 - September 30, 2006

South Site Qty Unit Amount Channels Mastr Ill Stations Receiver Multicoupler with Tower Top Amp lEA Alann System Simulcast Common Transmit Equipment Mastr III Mutual Aid Channels Intraplex Multiplexer Total for South Site

Simulcast Control Point Channel Vertical GETC Control Point

with Vertical Digital Voter, Digital Dispatch Interface, GPS Time Sync, Audio Distribution Rack

Intraplex Multiplexers lEA Alann System Test and Alignment Rack Site Controller with Down Llnks DC Power System Total For Simulcast Control Point

North Site Mastr III Stations Receiver Multicoupler with Tower Amp lEA Alann System Simulcast Common Transmit Equipment Mastr III Mutual Aid Channels Intraplex Multiplexer DC Power Supply System Total for North Site

Fellsmere Site Mastr III Stations Mastr III Mutual Aid Channels Site Controller with Downlinks Test and Alarm Unit Receiver Multicoupler with Tower Top Amp Intraplex Multiplexer DC Power Supply System Total for Fellsmere Site

15 I I I 2 I

Qty

IS 4 I I I I

Qty 15 I I 1 2 2 I

Qty 5 2 1 I 1 I 1

$ 125.00 110.00 50.00

250.00 100.00 23.50

Unit Amount

$ 105.00 23.50 50.00

250.00 293.00 295.00

Unit Amount $ 125.00

110.00 50.00

250.00 100.00 23.50

240.00

Unit Amount $ 125.00

100.00 293.00 35.00

110.00 23.50

240.00

Monthly Amount $ 1,875.00

110.00 50.00

250.00 200.00 23.50

$ 2,508.50

Monthly Amount

$ 1,575.00 94.00 50.00

250.00 293.00 295.00

s 2,557.00

Monthly Amount $ 1,875.00

110.00 50.00

250.00 200.00 47.00

240.00 $ 2,772.00

Monthly Amount $ 625.00

200.00 293.00 35.00

110.00 23.50

240.00 s 1,526.50

8/1912005 Page 1 of3 IR backbone 2005-2006 Final 81905.xls

Diseateh Eguiement Maestro NT Dispatch Consoles IMC/CEC Switch

• CTI with Terminal •ovru • MOM System • System Manager • CSD IRC/Admin

Netc!ock • GPS lo1raplex Multiplexers-Zetron Model 25 Encoders Orion Remote Back-up Radios Total for Dispatch Equipment

Hobart Site Mastr IU Back-up Stations

Attachment D


October 1, 2005 - September 30, 2006

g!l UuitAmount 9 $ 140.00 1 705.00 1 350.00 I 300.00 1 90.00 1 275.00 I 80.00 I 42.00 8 23.50 5 25.00 5 24.00

15 $ 40.00 Receiver Multicoupler with Tower Top Amp I 110.00 lo1raplex Multiplexer I 23.50 Med 4 Station I 35.00 Med 8 Station I 35.00 VHF County Paging System Station I 105.00 VHF EM/Fire Page Station I 105.00 Total for Hobart Site

Moutbll Amount $ 1,260.00

705.00 350.00 300.00 90.00

275.00 80.00 42.00

188.00 125.00 120.00

s 3,535.00

$ 600.00 110.00 23.50 35.00 35.00

105.00 105.00

s 1,013.50

8/19/2005 Page 2 of3 IR backbone 2005-2006 Final81905.xls

88

Attachment D


Oetober 1, 2005 - September 30, 2006

Additions to System in 2004 Qty Unit Amount Montbly Amount

Intraplex Multiplexer Tl Switches Microwave Radios IP Network Equipment RMACS Mstr III Mutual Aid Repeaten-see note belowA' Total for 2004 additions

Cost Per Site

South Tower Site Control Point North Sill> Fellsmere Site Dispatch Equipment Hobart Site Add on Equipment Montbly Subtotal

Total

RMACS Mstr Ill Mutual Aid Repeaters--See note below•

Total including 3 months of RMACS Maintenaee

Discount for full payment

Total witb Discount

Fuel adjustment fee (adjusted annually)

Total witb fuel adjustment

*RMACS equipment in warranty until June of2006 Cost reflects (3) months Maintenance-July ,August and September of 2006. 9 x $100.00 = $900.00 x 3 = $2700.00

8/22/2005 Page3of3

5 8 10 I

9

3%

$ 23.50 $ 24.00

110.00 585.00

117.50 192.00

1,100.00 585.00

100.00 ____ ~~~~ 1,994.50

$ 2,508.50 2,557.00 2,772.00 1,526.50 3,535.00 1,013.50 1,994.50

$ 15,907.00

$ 190,884.00

300.00 2,700.00

s 193,584.00

$ 5,808.00

$ 187,776.00

s 450.00

$ 188,226.00

IR backbone 2005-2006 Final81905

89

4450 US Highway 1 + Vero Beach, Florida 32967 + Telephone: (772) 569-5355 + Fax: (772) 567-2292

July 29, 2008

Radio Systems Manager Department of Emergency Services Indian River County 4225 43'd Avenue Vero Beach, FL 32967-1671 Attn: Frances G. Sherwood

Ref: Radio Equipment Maintenance Contract Nmnber CII-05-818

Dear Mrs. Sherwood:

The referenced contract will automatically renew for one year in accordance with paragraph 3-A of the agreement uuless one of the parties to the contract notifies the other party at least ninety (90) days prior to the annual expiration date of September 30 of each year.

Since a notice was not received from Indian River County, Commuuications International, Inc. (Cm is presenting this renewal notice along with the required information for confirmation of the agreement terms. Prices will increase by the Consmner Price Index (CPI) as stipulated in Paragraph 3.0 of the contract.

The services provided will be for the commuuications equipment listed in the attached ATTACHMENT "D" of this letter.

The total amount of this Maintenance Contract is $223,620.36 for the year or $18,635.03 per month.

COMMUNICATIONS INTERNATIONAL, INC.

Robert Wm. Stork CEO/Owner

Attaclunents: ATTACHMENT "D"

90

~ MM!JNJCATIONS ~Q INTERNATIONAL, INC.

4450 US Highway 1

Vero Beach, FL 32967

772-569-5355 Fax: 772-567-2292

Indian River County Emergency Services Radio Systems Manager

1840 25th Street


772-567-3160

Contract# Cll-05-818 Purchase Order#

Covered Period: October 1, 2008- September 3D, 2009

South Tower Site

Channels Mastr Ill Stations Receiver Multicoupler with Tower Top Amp

lEA Alarm System Simulcast Common Transmit Equipment

Mastr Ill Mutual Aid Channels

lntraplex Multiplexer

Microwave Radios

T1 Switch

Total for South Site

Simulcast Control Point

Channel Vertical GETC Control Point lntraplex Multiplexers

lEA Alarm System

Test and Alignment Rack

Down links

DC Power System

IP Network Equipment

Total for Simulcast Control Point

North Tower Site

Mastr Ill Stations

lEA Alarm System Simulcast Common Transmit Equipment

Mastr Ill Mutual Aid Channels

lntraplex Mulitplexer

ORIGINAL Agreement#

Customer#

AGR0000155A

IRC130BB

Bill To: Indian River County Emergency Services

Radio Systems Manager 1840 25th Street


2007 South Urban Cpi

Qty Unit Amount 4.60%

15 $ 132.79 6.11 $ 1 $ 116.85 5.38 $

$ 53.11 2.44 $ $ 292.17 13.44 $

6 $ 106.23 4.89 $ 3 $ 24.96 1.15 $ 5 $ 106.17 4.88 $ 4 $ 24.96 1.15 $

Qty Unit Amount

15 $ 111.54 5.13 4 $ 24.96 1.15

$ 53.11 2.44 1 $ 265.57 12.22 1 $ 25.00 1.15

$ 313.37 14.42 $ 621.42 28.59

Qty Unit Amount

15 $ 132.79 6.11 1 $ 53.11 2.44

$ 265.57 12.22 6 $ 106.23 4.89 4 $ 24.96 1.15

Page 1 of 3

2008

Unit Amount Monthly Amount

138.90 $ 2,083.48

122.23 $ 122.23

55.55 $ 55.55

305.61 $ 305.61

111.12 $ 666.70

26.11 $ 78.32

111.05 $ 555.27

26.11 $ 104.43

$ 3,971.59

Monthly Amount

116.67 $ 1,750.06

26.11 $ 104.43

55.55 $ 55.55

277.79 $ 277.79

26.15 $ 26.15

327.79 $ 327.79

650.01 $ 650.01

$ 3,191.77

Monthly Amount

138.90 $ 2,083.48

55.55 $ 55.55

277.79 $ 277.79

111.12 $ 666.70

26.11 $ 104.43

91

ORIGINAL DC Power Supply System $ 254.94 11.73 266.67 $ 266.67

T1 Switch 4 $ 26.56 122 27.78 $ 111.13

Microwave Radios 5 $ 116.85 5.38 122.23 $ 611.13

Total for North Site $ 4,176.87

Fellsmere Tower Site Qty Unit Amount Monthly Amount

Mastr Ill Stations 5 $ 132.97 6.12 139.09 $ 695.43 Mastr Ill Mutual Aids Channels 6 $ 106.23 4.89 111.12 $ 666.70

Downlinks 1 $ 25.00 1.15 26.15 $ 26.15

Test and Alarm Unit $ 37.18 1.71 38.89 $ 38.89

Receiver Mu\ticouplerwith Tower Top Amp $ 116.85 5.38 122.23 $ 122.23

Intra pi ex Multiplexer 2 $ 24.96 1.15 26.11 $ 52.22

DC Power Supply System $ 254.94 11.73 266.67 $ 266.67

Total For Fellsmere Site $ 1,868.28

Dispatch Equipment Qty Unit Amount Monthly Amount

Maestro NT Dispatch Consoles 10 $ 148.71 6.84 155.55 $ 1,555.51

IMC/CEC Switch $ 748.90 34.45 783.35 $ 783.35

*Microwave Alarm Pc $ 25.00 1.15 26.15 $ 26.15

*CTI with Terminal $ 371.79 17.10 388.89 $ 388.89

"'VIU $ 318.67 14.66 333.33 $ 333.33

*MOM System $ 95.60 4.40 100.00 $ 100.00

*System Manager $ 292.13 13.44 305.57 $ 305.57

*CSD IRC/Admin $ 84.98 3.91 88.89 $ 88.89

Netclock -GPS 2 $ 44.61 2.05 46.66 $ 93,32

lntraplex Multiplexers~ 8 $ 24.96 1.15 26.11 $ 208.87

Zetron Model 25 Encoders 5 $ 26.56 1.22 27.78 $ 138.91

Orion Remote Back-up Radios 9 $ 25.49 1.17 26.66 $ 239.96

Total for Dispatch Equipment $ 4,262.74

Hobart Tower Site Qty Unit Amount Monthly Amount

Mastr Ill Back-up Stations 15 $ 42.50 1.96 44.46 $ 666.83

Receiver Multi coupler with Tower Top Amp $ 116.85 5.38 122.23 $ 122.23

lntraplex Multiplexer $ 24.96 1.15 26.11 $ 26.11

Med 4Station $ 37.18 1.71 38.89 $ 38.89

Med 8 Station $ 37.18 1.71 38.89 $ 38.89

VHF County Paging System Station $ 111.54 5.13 116.67 $ 116.67

VHF EM/Fire Page Station $ 111.54 5.13 116.67 $ 116.67

Total for Hobart Site $ 1,126.28

Page 2 of3

92

Cost Summery:

South Tower Site Simulcast Control Point

North Tower Site

Fellsmere Tower Site Dispatch Equipment

Hobart Tower Site

Fuel Charges

Total Monthly Maintenance for Sites:

Total Annual Maintenance:

Fuel Adjustment fee (adjusted annually)

Total after Fuel Adjustment/GRAND TOTAL

$

ORIGINAL

Monthly Totals

$ 3,971.59

$ 3,191.77

$ 4,176.87

$ 1,868.28

$ 4,262.74

$ 1,126.28

$ 37.50 $ 18,635.03

$223,170.36

450.00

$223,620.36

The Consumer Price Index Southeast Urban Region of 4.6% has been added to each equipment line item:

Page 3 of3

93

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


Joseph A Baird, County Administrator

James W. Davis, P.E., Public Works Direct·~>~:--rr AND Christopher J. Kafer, Jr., P.E., County Engine

Michael O'Brien, P.S.M., County Surveyor ~

Work Order No. 11 (Engineering/Survey) Full & Final Pay CR 510 & US Highway No. 1 Intersection Improvements Project Right-of-Way & Land Acquisition "Eidell" Parcel Boundary Survey Carter Associates, Inc. IRC Project No. 0610 Continuing Professional Surveying & Mapping/GIS Services Contract 0725

July 8, 2008 CONSENT AGENDA

DESCRIPTION AND CONDITIONS

On July 1, 2008, the Board of County Commissioners approved Work Order No. 11 with Carter Associates, Inc. to perform boundary surveys directly related to the CR 510 and US Highway No. 1 right-of-way applications and full parcel acquisition considerations for a lump sum fee of $1, 400.00.

Carter Associates, Inc. has completed the task and has submitted Invoice No. 08370-1, dated July 2, 2008 in the amount of $1,400.00 for full and final payment of Work Order No. 11.

RECOMMENDATION

Staff recommends payment of Invoice No. 08370-1, dated July 2, 2008 in the amount of $1,400.00 for full and final payment. Funding is budgeted and available through Account Number 10215141-066120-06020.

ATTACHMENTS

1. Carter Associates, Inc. Invoice No. 08370-1, dated July 2, 2008

DISTRIBUTION

1. Carter Associates, Inc. 2. Michael Nixon, P.E. Roadway Production Manager 3. Arjuna Weragoda, P.E., Project Engineer 4. Louise Gates, Land Acquisition Specialist

APPROVED AGENDA ITEM

FOR July 22, 2008

Engineering

F:\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\2007-2008 Projects\Carter\CR51 0 Edell Bndry\0725 BCC Agenda WO 11 Full and Final Pay CR510 Eldell Bndry 07-08-0S.doc

94

CARTER ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS

1708 21ST STREET VERO BEACH, FLORlDA 32960-3472

PHONE: 772-562-4191 FAX: 772-562-4291

INVOICE

08370-1

• 0 MasterCard

C."lrd"=

Signarurc:

Indian River County lnv.Amt.:

Attn: Mr. Michael O'Brien, P.S.M. 1801 27th Street Vero Beach, FL 329~PROVED BY THE INDIAN RlVl!R

COUNTY SURVEYOR

DATE: '/ h /q?3

INITIAL: _ ___:~=::......---. o 1? \ooo/' o - ~'~-o \? 12-e:.~-

CAl Project No.: 08-370 S IRC Project No.: 0610 Work Order No.: 11 (Engineering/Surveying)

, N\..10\.CC.

Project Name: "Eidell" Parcel Boundary Survey

I VISA I 0 Visa

Amoum

Exp. Date

lnv.- hw.Date:

July 02, 2008

INDIAN A• · - · • • ENG!NEF!'H~i(: ·:; :,;~.iON CONTRACT AMOUNT: $1,400.00

5730, 5750 and 5770 85th Street, Sebastian, Florida 32958

- Boundary and improvement location survey

Professional Services

CADDTECHI SURVEY CREW 3 SURVEYOR I - REGISTERED SURVEYOR II - REGISTERED WORD PROCESSING

For professional services rendered

Additional Charges :

LATHS MILEAGE REBAR

Total costs

Total amount of this bill

71212008 Credit - Contract Overrun

Balance due

I _tj:! ,a ~~Jving Flolida 'Pl~ Since 1911

PAYMENT DUE UPON RECEIPT

crY'

Hours Amount

0.50 40.00 6.50 845.00 1.00 140.00 8.75 1,093.75 0.25 11.25 ---===

17.00 $2,130.00

Qtv

8 6.00 22 11.11 10 25.00 ----

$42.11

$2,172.11

($772.11)

$1,400.00

I.

95

INDIAN RIVER COUNTY, FLORIDA 1\tiEMORANDUM

TO: Joseph A. Baird, County Administrator

THROUGH: James W. Davis, P.E., Public Works Director<::~....., AND Christopher J. Kafer, Jr., P.E., County Engine

FROM: Jack Jolly, P.E., Senior Civil Engineer

SUBJECT: Eagle Trace Subdivision-Phase 2- Project #0813 Dunkelberger Engineering & Testing, Inc. Work Order# 4- Release ofRetainage & Final Pay

Date: July 15, 2008 CONSENT AGENDA

Description and Conditions

On May 20,2008, the Board of County Commissioners approved Work Order No.4 witb Dunkelberger Engineering & Testing, Inc. to provide required corings in the roadways of Eagle Trace Subdivision, Phase 2 in the not-to-exceed amount of $2,500.00.

To date, Dunkelberger Engineering & Testing, Inc. has been paid $1,638.00 witb $182.00 held in retainage. Dunkelberger Engineering & Testing, Inc. has now completed the tasks of Work Order No.4 and has submitted a letter dated July 11,2008 requesting release ofretainage in the amount of $182.00, as well as Invoice No. 36895, dated June 30,2008, in tbe amount of$862.00, representing tbe $680.00 balance due, and the $182.00 held in retainage.

Recommendations and Funding

Staff recommends payment oflnvoice No. 36895, dated June 30, 2008, in tbe amount of $862.00 for final payment of$680.00 and release ofretainage in tbe amount of$182.00 for a total paid of $2,500.00. Funding is approved and budgeted from the Developer's Escrow Account Number 601-220049-88004.

Attachment

1. Dunkelberger Engineering & Testing, Inc. Invoice No. 36895, dated June 30, 2008 2. Dunkelberger Engineering & Testing, Inc. Release ofRetainage letter dated July II, 2008

Distribution

1. Dunkelberger Engineering & Testing, Inc. 2. Dan Wittenberg, Engineering Inspection Supervisor



BY: -?JU: Engineering

F:\Engineering\Special Projects\Eagle Trace Phase 2\BCC Agenda Items\BCC Agenda-Testing Dunkelberger W0#4 Release Retainage Final Pay 07·15-08.doc 96

DUNKELBERGER engineering & testing, inc.

1225 Omar Road; West Palm Beach, FL 33405 Phone: (561) 689-4299 Fax: (561) 689-5955

Invoice To: Indian River County

1840 25th Street Vera Beach, FL 32960 Attention: Jack Jolly P.E.

Invoice No. 36895 Invoice Date: June 30, 2008

Project: PSL-07·2558 Indian River County

. Project Manager: Kimberly Robert\j}")OI L,io , ,;;:!2\. J_ _ ' f} . "' -· .n · Qt; ~ Professional Servici•s for the Period: 617/2008 ~-~~'-' OU( ~ Billing Group: 10.3 Unit Billing to a Maximum

Eagle Trace Subdivision - Phase 2, Pavement Coring SeNices IRC Work Order#4 approved 518/08 IRC Engineer: Jaok Jolly, P.E.

Contract Maximum: Previous Billings Against Maximum: Current Billings Against Maximum: Balance After This Invoice:

Professional Services Administrative Project Engineer Principal Engineer

2,500.00 1,820.00

680.00 0.00

Reg Hours

2.00 3.00 1.00

Bill Rate

40.00 95.00

145.00

OT Hours

Professional Services Totals

Field Testing 2-Mau Coring Crew ( 4 hour minimum) Equipment Usage

Project Totals:

Total Project Invoice Amount:

Bill Units

0.50 1.00

Bill Rate

110.00 115.00

Field Testing Totals

Release of Retainage (per letter dated July 11, 2008)

TOTAL TO BE PAID:

Bill Rate Charge

80.00 285,00 145.00

$510.00

Charge

55.00 115.00

$170.00

$680.00

$182.00

$862.00

97

July 11, 2008

Indian River County 1801 27th Street

DUNKELBERGER ENGINEERING & TESTING, INC.

Geotechnical • Materials Testing/Inspection • Environmental

Vero Beach, FL 32960 Attention: Jill Williams

RE: Retainage

Project Name: Eagle Trace Subdivision- Phase 2, Pavement Coring Services IRC Work

According to our records, it is Dunkelberger Engineering & Testing, Inc's. Understanding that the above listed project is now completed. Terms of Contract states retainage will be released upon completion of the project.

Project PSL-07-2558

Original Contract Amount $2,500.00

Retainge Held $182.00

We sincerely hope and expect that your payment will be received immediately. Please feel free to contact me· with any questions or concerns.

Andrew Hampton Collections Manager Tel: 561-653-9913 Fax: 561-659-7069 Email: [email protected]

1225 Omar Hoad • West l"alm Beach, Florida 33405 Phone: (561) 689-4299 • Fax: (561) 689-5955

E-mail: [email protected] State of Flcnda Board of Professional Engineers Authorization No. 6570

98

To:

From:

Date:

Jason E. Brown

Indian River County Interoffice Memorandum

Office of Management & Budget

Director, Office of Manag

July 29, 2008

Consent Agenda

Subject: Miscellaneous Budget Amendment 017

Descriptions and Conditions

The attached budget amendment appropriates funding necessary for the following:

1.

2.

3.

4.

5.

6.

7.

During the Budget Workshop of July 16, 2008, the Board of County Commissioners approved the transfer of the Shooting Range from an Enterprise Fund to the MSTU Fund. The attached entry appropriates funding for this transfer.

Electrical expenses in the Gifford Street lighting District are running higher than anticipated. The attached entry appropriates funding from Gifford Street lighting/cash forward in the amount of $4,800 to cover these<idditional expenses.

Fire Rescue, to provide improved service, is equipping 3 ALS engines at a cost of $22,200 per engine. The attached spreadsheet: ·details the cost breakdown. The attached entry appropriates funding of $66,601 for these items from Fire Rescue/ Reserve for Contingency.

Indian River County has been awarded several grants by the U.S. Department of Housing and Urban Development (HUD). These grants include a New Horizons TWO grant ($354,540), Family Options Renewal grant ($70,063), Shelter Plus Care grant for tenantbased rental assistance ($131, 1 00) and an Alcohope Tenant Rental Assistance grant ($44,856). The attached entry appropriates these grants in the Federal/State Grants fund.

Indian River County libraries have received donations totaling $ 2,929. The attached entry appropriates these donations.

In order for the County Survey department to be more cost efficient, use less man-power, and complete projects in a more timely manner, the county surveyor has requested the purchase of 2 GPS rovers at a total cost of $ 42,000. This equipment will replace 2 rodman positions that have been eliminated from the FY 08-09 budget. The attached entry appropriates funding from the Transportation Fund/Reserve for Contingency.

A generator needs to be pur~h~ed for the BOO MHz South Tower. The attached entry "•'l'".

appropriates $50,000 to be "'rolled over" from last year's budget from the General Fund Cash Forward.

i ·-

F:\Budget\Jason\budget amendments 200708\017 msc ba.doc

99

Staff Recommendation

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

Attachments Budget Resolution

APPROVED AGENDA ITEM: '..;.::,

BY:~~~~~t::_ _____ ,~~f>~·

FOR: ~A~u~g~u~stL1~2~·~2~00~8~--------

F:\Budget\Jason\budget amendments 200708\017 msc ba.doc

·Indian River Coun

Administrator

Legal

Budget

Department

Risk Management

100

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 yea'n f2007 -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 'c 2008.

, .. · .. ,

Attest: J. K. Barton, Clerk

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

•• ·.': >

F:\Budget\Jason\budget amendments 200708\budget amendment ~olution.doc

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

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

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

1 01

~h!Qit "A" Resolution No. 2008-

~~:~ Budget Office Approval: Budget Amendment: 017 Jason E . Brow , Budget D#eG!Or

Entry Fund/ Department/ v Account Account Number Increase Decrease

Number Name 1. Revenues

Shooting Range/Rifle Range 412034-347501 $0 $60,000

MSTU/Service Charges/Rifle Range 004034-347501 $60,000 $0

Shooting Range/Pistol Range 412034-347502 $0 $47,500 ;~~

MSTU/Service Charges/Pistol Range . 004034-347502 $47,500 $0

Shooting Range/Sporting Clays Course 412034-347503 $0 $5,000

MSTU/Service Charges/Sporting Clays 004034-347503 $5,000 $0

Course

Shooting Range/5 Stand 412034-347504 $0 $52,500

MSTU/Service Charges/5 Stand 004034-347504 $52,500 $0

Shooting Range/Archery 50 Yard 412034-34 7 505 $0 $1,000

MSTU/Service Charges/Archery 50 Yard 004034-347505 $1,000 $0

Shooting Range/Archery Course 412034-347506 $0 $500

MSTU/Service Charges/Archery Course 004034-347506 $500 $0

Shooting Range/Air Gun ~. 412034-347507 $0 $500 ;.'.<.

MSTU/Service Charges/Air Gun 004034-347507 $500 $0

Shooting Range/Junior Instruction 412034-347508 $0 $7,500

MSTU/Service Charges/Junior Instruction 004034-347508 $7,500 $0

Shooting Range/Range Rental 412034-347510 $0 $6,500

MSTU/Service Charges/Range Rental 004034-347510 $6,500 $0

Shooting Range/Tournaments 412034-347512 $0 $3,000

MSTU/Service Charges/Tournaments 004034-347512 $3,000 $0

Shooting Range/Ammunition Sales 412034-347520 $0 $38,000

MSTU/Service Charges/Ammunition Sales 004034-347520 $38,000 $0

F:\Budget\Jason\BudgetAmendments0708\BA 017 7/29/2008 1 0 2

Resolution No. 2008- ~~ ~t"A"

~ Budget Office Approval: Budget Amendment: 017

Jason r· Brofn, Budget Director

Entry Fund/ Department/ \._.../ Account Account Number Increase Decrease

Number Name

Shooting Range/Accessories Sales 412034-347521 $0 $36,000

MSTU/Service Charges/Accessories Sales 004034-34 7 521 $36,000 $0

Shooting Range/Miscellaneous Income 412034-343670 $0 $3,000

MSTU/Miscellaneous Income 004038-369900 $3,000 $0

Shooting Range/Interest Income 412037-361100 $0 $9,999

.

MSTU/Interest Income 004037-361100 $9,999 $0 -~.

Shooting Range/Shooting Range Donations 412038-389401 $0 $1,000

Shooting Range/Fund Transfer In 412039-381 020 $0 $148,782

Shooting Range/Less 5% Estimated Receipt 412039-389030 $13,550 $0

MSTU/Less 5% Estimated Receipt 004039-389030 $0 $11,162

MSTU/ Fund Transfers In 004039-381 020 $74,391 $0

Shooting Range/Cash Forward-Oct 1st 412039-389040 $0 $13,960

Expenses

Shooting Range/Regular Salaries 41216175-011120 $0 $151,314

MSTU/Shooting Range/Regular Salaries 00416172-011120 $151,314 $0

.;: .. Shooting Range/Other Salaries and Wages 41216175-011130 $0 $53,004

MSTU/Shooting Range/Other Salaries and 00416172-011130 $53,004 $0

Wages

Shooting Range/Overtime 4121675-011140 $0 $4,499

MSTU/Shooting Range/Overtime 00416172-011140 $4,499 $0

Shooting Range/Special Pay 41216175-011150 $0 $6,300

F:\Budget\Jason\BudgetAmendments0708\BA 017 7129/20081 0 3

Resolution No. 2008-~~it"A"

/\.~C.··~. Budget Office Approval: --\.;; (_ ~-t--:=--\---::-"·;o·~~==-:---"-'-

Jason . Brcjwn, Budget Director Budget Amendment: 017

Entry Fund/ Department! V Number Name

Account

MSTU/Shooting Range/Special Pay

Shooting Range/Social Security Matching

MSTU/Shooting Range/Social Security Matching

Shooting Range/Retirement Contribution

MSTU/Shooting Range/Retirement Contribution

Shooting Range/Insurance-Life & Health .~qr::

MSTU/Shooting Range/Insurance-Life & Health

Shooting Range/Workers Compensation

MSTU/Shooting Range/Workers Compensation

Shooting Range/Unemployment Compensation

MSTU/Shooting Range/Unemployment Compensation

Shooting Range/Medicare Matching

MSTU/Shooting Range/Medicare Matching .,.·.

Shooting Range/Other Professional Services

MSTU/Shooting Range/Other Professional Services

Shooting Range/External Auditors

MSTU/Shooting Range/External Auditors

Shooting Range/Other Contractual Services

F:\Budget\Jason\BudgetAmendments0708\BA 017

Account Number

00416172-011150

41216175-012110

00416172-012110

41216175-012120

00416172-012110

41216175-012130

00416172-012130

41216175-012140

00416172-012140

41216175-012150

00416172-012150

41216175-012170

00416172-012170

41216175-033190

00416172-033190

41216175-033210

00416172-03321 0

41216175-033490

Increase Decrease

$6,300 $0

$0 $12,966

$12,966 $0

$0 $20,850

$20,850 $0

$0 $25,341

$25,341 $0

$0 $9,202

$9,202 $0

$0 $992

$992 $0

$0 $3,030

$3,030 $0

$0 $2,401

$2,401 $0

$0 $580

$580 $0

$0 $1,000

7/29/2008 1 0 4

• hi it "A" Resolution No. 2008-

Budget Office Approval: a -L----. (/ V)...........r-- Budget Amendment: 017 Jason . Bro .fn, Budget Dlrector

Entry Number

Fund/ Department! Name

v Account

MSTU/Shooting Range/Other Contractual Services ·:j

Shooting Range/All Travel

MSTU/Shooting Range/Travel

Shooting Range/Telephone

MSTU/Shooting Range/Telephone

Shooting Range/Postage

MSTU/Shooting Range/Postage

Shooting Range/Electric Services

MSTU/Shooting Range/Electric Services

Shooting Range/Water & Sewer Services

MSTU/Shooting Range/Water & Se'ij_er Services '";·~:

Shooting Range/Garbage & Solid Waste

MSTU/Shooting Range/Garbage & Solid Waste

Shooting Range/Other Insurance

MSTU/Shooting Range/Other Insurance

Shooting Range/Maintenance-Buildings

MSTU/Shooting Range/MaintenanceBuildings

Shooting Range/Maintenance-Office Equipment

MSTU/Shooting Range/Office Equipment

Shooting Range/Maintenance-Auto .:·.': Equipment ··• MSTU/Shooting Range/MaintenancecAuto. Equipment

Shooting Range/Maintenance-Other Equipment


Account Number

00416172-033490

41216175-034020

00416172-034020

41216175-034110

00416172-034110

41216175-034210

00416172-034210

41216175-034310

00416172-034310

41216175-034320

00416172-034320

41216175-034330

00416172-034330

41216175-034590

00416172-034590

41216175-034610

00416172-034610

41216175-034630

00416172-034630

41216175-034640

00416172-034640

... 41216175-034690

Increase Decrease

$1,000 $0

$0 $1,584

$1,584 $0

$0 $1,600

$1,600 $0

$0 $200

$200 $0

$0 $4,667

$4,667 $0

$0 $140

$140 $0

$0 $915

$915 $0

$0 $20,077

$20,077 $0

$0 $1,500

$1,500 $0

$0 $645

$645 $0

$0 $1,325

$1,325 $0

$0 $2,961

7/29/2008 1 0 5

Resolution No. 2008-~Kh~it "A"

~c~~~ Budget Office Approval: Budget Amendment: 017 Ja.son t· Bro~n, Budget irector

Entry Fund/ Department! v Account Account Number Increase Decrease

Number Name MSTU/Shooting Range/Maintenance-Other

00416172-034690 $2,961 $0 Equipment

Shooting Range/Outside Printing 41216175-034720 $0 $1,802

MSTU/Shooting Range/Outside Printing 00416172-034720 $1,802 $0

Shooting Range/Other Promotional E)(pense 41216175-034820 $0 $4,242

MSTU/Shooting Range/Other Promotional 00416172-034820 $4,242 $0

Expenses

Shooting Range/Licenses and Permits 41216175-034970 $0 $500

MSTU/Shooting Range/Licenses and Permits 00416172-03491'0 $500 $0

Shooting Range/All Office Supplies 41216175-035110 $0 $1,667

MSTU/Shooting Range/All Office Supplies 00416172-035110 $1,667 $0

Shooting Range/Computer Software 41216175-035120 $0 $379

MSTU/Shooting Range/Computer Software 00416172-035120 $379 $0

Shooting Range/Computer Hardware 41216175-035130 $0 $120

Upgrade

MSTU/Shooting Range/Computer Hardware 00416172-035130 $120 $0

Upgrade

Shooting Range/Fuel & Lubricants·' :-·.~r· ' .. 41216175-035210 $0 $900

'

MSTU/Shooting Range/Fuel & Lubricants 00416172-035210 $900 $0

Shooting Range/Uniforms & Clothing 41216175-035240 $0 $890

MSTU/Shooting Range/Uniforms & Clothing 00416172-035240 $890 $0

Shooting Range/Institutional Supplies 41216175-035250 $0 $700

MSTU/Shooting Range/lnstituional Supplies 00416172-035250 $700 $0

Shooting Range/Expendable Tools 41216175-035260 $0 $200

MSTU/Shooting Range/Expendable Tools 00416172-035260 $200 $0

F:\Budget\Jason\BudgetAmendments0708\BA 017 7/29/2008 1 0 6

Resolution No. 2008-

Budget Office Approval:

(A_e~~A .. Budget Amendment: 017

Jason/=-. Bro,Wn, Budget Director

I Entry Fund/ Department! Account

Number Name

Shooting Range/Medicine & Medical Supplies

MSTU/Shooting Range/Medicine & Medical Supplies

Shooting Range/Other Operating Supplies

MSTU/Shooting Range/Operating Supplies

Shooting Range/Dues·Memberships

MSTU/Shooting Range/Dues-Memberships

Shooting Range/Tuition-Registration{ee

MSTU/Shooting Range/Tuition-Registration

Shooting Range/Pro Shop

MSTU/Shooting Range/Pro Shop

Shooting Range/Credit Card Fees

MSTU/Shooting Range/Credit Card Fees

Shooting Range/Clay Targets

MSTU/Shooting Range/Clay Targets

Shooting Range/Depreciation

Shooting Range/Communication Equipment Maint.

MSTU/Shooting Range/Communication Equipment Maint

• '!,

MSTU/ Fund Transfers Out- Shooting Range

2. Revenues

Gifford Streetlighting/Cash Forward- Oct 1

Expenses

Gifford Streetlighting/Eiectric Services


~.· , ..

Account Number

41216175-035270

00416172-035270

41216175-035290

00416172-035290

41216175-035420

00416172-035420

41216175-035430

00416172-035430

41216175-035630

00416172-035270

41216175-035680

00416172-035680

41216175-035710

00416172-035710

41216175-036610

41216175-044710

00416172-044710

00419981-099210

181039-389040

18128041-034310

Increase Decrease

$0 $75

$75 $0

$0 $1,798

$1,798 $0

$0 $250

$250 $0

$0 $75

$75 $0

$0 $51,235

$51,235 $0

$0 $2,248

$2,248 $0

$0 $13,945

$13,945 $0

$0 $12,572

$0 $500

$500 $0

$0 $74,391

$4,800 $0

$4,800 $0

7/29/20081 0 7

{~:t;t "A" Resolution No. 2008-

~ ~~ Budget Office Approval: Budget Amendment: 017 Jason • . Brof;n, Budg·ef"8ire'ctor

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

Number Name

3. Expenses

Emergency District/Fire District/Other 11412022-066490 $53,963 $0

Machinery & Equip

Emergency District/Fire District/Medicine & 11412022-035270 $12,638 $0

Medical Supplies

Emergency District/Fire Rescue/Reserve for 11412022-099910 $0 $66,601

Contingency

4. Revenues

Federal/State Grants/New Horizons TWO 136033-331601-08802 $354,540 $0

Grant FL 29C70900 1

Federal/State Grants/Family Options 136033-331601-08803 $70,063 $0

Renewal Grant FL 29B709002 .,.

. '"' . Federal/State Grants/Shelter Plus Care 136033-331601-08805 $131 '100 $0

Grant FL 29C709004

Federal/State Grants/Aicohope Rental Asst. 136033-331601-08806 $44,856 $0

Grant FL 29C709005

Expenses

Federal/State Grants/New Horizons TWO 13616364-088871-08802 $354,540 $0

Grant FL 29C70900 1

Federal/State Grants/Family Options 13616364-088871-08803 $70,063 $0

Renewal Grant FL 29B709002

F ederai/State Grants/Shelter Plus Care 13616364-036730-08805 $131,000 $0

Grant FL 29C709004

Federal/State Grants/Aicohope Rental Asst. 13616364-036730-08806 $44,856 $0

Grant FL 29C709005

5. Revenues

General Fund/Donations/Main LibrarY~ · 001038-366095 $2,231 $0

General Fund/North County Library 001038-366097 $698 $0

Donations

Expenses

General Fund/Main Library/Books 00110971-035450 $2,231 $0

F:\8udget\Jason\BudgetAmendments0708\BA 017 7/29/2008 1 0 8

Resolution No. 2008-~bit "A"

~('--- '~A ~ Budget Office Approval: -->= (_-1-~~ /A+--:::-:---'-V=,.../ VJ'"----

Jason . BrojNn, Budget D1rector Budget Amendment: 017

Entry Fundi Department/ \../ Account Number Name

General Fund/North County Library/AudioVisual

6. Expenses

Transportation Fund/County Engineering/Other Machinery & Equipment

Transporation/Reserves/Reserve for Contingency

7. Revenues

General Fund/ Cash Forward - October 1

Expenses

General Fund/Communication/Emerg. Services/Other Machinery


Account Number

00111271-035480

11124441-066490

1119981-099910

001039-389040

00110719-066490

Increase Decrease

$698 $0

$42,000 $0

$0 $42,000

$50,000 $0

$50,000 $0

7/29120081 0 9

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


CONSENT AGENDA

THROUGH:

FROM:

SUBJECT:

DATE:

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

Jonathan C. Gorham, Ph.D. -:JL..G Coastal Resource Manager

Resolution Requesting Assistance from State of Florida Beach Erosion Control Program

July 16, 2008


The State of Florida, Department of Environmental Protection (FDEP) requires an annual· resolution from local governments requesting assistance through the Beach Erosion Control Program. The Resolution does not specify any specific dollar amount. The Resolution allows the department to consider the county's annual budget request to be submitted in August.

RECOMMENDATIONS AND FUNDING

Staff recommends approval of the attached resolution.

ATTACHMENT

Resolution No. 2008-


FOR PO-;[). -o 8

Indian River County Approved

Administration I~ Budget ~fo.l'f,... Co. Ally

v~ Risk Management

Public Works ( _$:---/ Coastal JLb

Date

¥/1/13 .... ! r~~i,.

'cJ' '· 71 _,j r -,

' 1/

1/ tlfci ·' 7-1(5- o$

11 0

AGENDA COPY

RESOLUTION NO. 2008·---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM.

WHEREAS, Indian River County has had damage to structures and/or cbastallands by beach erosion in areas of public lands; and

WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and

WHEREAS, the State of Florida has established a Beach Erosion Control Program for · providing financial assistance for erosion control and preservation of the beaches within the State.

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows:

1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates Jonathan C. Gorham, Ph.D., Coastal Resource Manager of Indian River County, as the Project Manager and Agent on behalf of the County.

THE FOREGOING RESOLUTION was offered by Commissioner ____ and seconded by Commissioner , and, being put to a vote was as follows:


The Chairman thereupon declared the resolution duly passed and adopted this ___ day of ______ , 2008.

Attest J. K. Barton, Clerk

By _____________ __

Deputy Clerk

Indian River County, Florida Board of County Commissioners


1 1 1

TO:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA .BOARD MEMORANDUM

Joseph A. Baird, County Administrator :r James W. Davis, P.E., Public Works Direct

"""' Opllon G" T~ DO!rlb"'oo Pe~ootago



On May 20, 2008, the Board of County Commissioners approved the Local Option Gas Tax Distribution Percentages for FY 2008/2009. The past five year transportation expenditures used to calculate the percentages were based on figures reported by municipalities and the County. At a recent meeting with the municipalities and County, all parties agreed to use slightly revised figures in order to promote consistency. The attached revised table of percentages has been prepared.


Staff recommends that the attached revised table be approved and forwarded to the State.

ATTACHMENT

Revised Table

DISTRIBUTION

Jason Brown, Director, Office of Management & Budget All Municipalities


Public Works

F:\Public Works\Luanne M\Admin Projects Database\LOGnLOGT 2008-2009\LOGT 2008-BCC Agn- Distribution Chart 07-10-0B.doc

112

ITEM INDIAN RIVER COUNTY

#Lane Miles 1,333.05

#Bridges 71

Equiv. Lane Miles 1,475.05

Equiv. Lane=(# Lane Miles)+(2)(#Bridges) 70.8879%

Transportation Expenditures

2006/07 $59,252,397

2005/06 $35,759,679

2004/05 $22,369,128

2003/04 $23,038,234

2002/03 $20,120,969

Sub-Total $160,540,407

Average 80.1925%

POPULATION (2007}' 90,607

POPULATION% 64.8318%

REVENUE PERCENTAGE 71.9707% (PROPOSED FOR 2008/2009}

EXISTING PERCENTAGE (2007/2008} 71.1225%

INDIAN RIVER COUNTY LOCAL OPTION GAS TAX DISTRIBUTION FORMULA

MAY2008

VERO BEACH FELLSMERE SEBASTIAN

207 54.8 312

5 0 5

217 54.8 322

10.4286% 2.6336% 15.4747%

$4,503,836 $3,292,545 $3,851,824

$4,517,430 $991,414 $2,508,547

$1,370,602 $1,160,208 $4,034,900

$2,593,326 $797,323 $3,288,532

$1,913,680 $826,061 $3,431,682

$14,898,874 $7,067,551 $17,115,485

7.4422% 3.5304% 8.5495%

18,060 4,687 22,426

12.9224% 3.3537% 16.0464%

10.2644% 3.1726% 13.3569%

10.6219% 3.0502% 14.0571%

ORCHID INDIAN RIVER. SHORES

TOTAL

7 4.97

0 0

7 4.97 2080.82

0.3364 .2388% 100%

$41,265 $170,272

$21,897 $157,471

$19,904 $49,721

$13,958 $46,008

$9,380 $41,681

$106,404 $465,153 $200,193,874

0.0531% 0.2323% 100%

303 3,674 139,757

.2168% 2.6289% 100%

0.2021% 1.0333% 100%

.0926% 1.0557% 100%

Distribution Formula is equal to one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the entity's percentage of transportation expenditures over the previous 5 years, plus one-third of the entity's total percentage of population based upon most recent estimate from the Florida Bureau of Economic and Business research

* Per BEBR Fla. Estimates of Population 2007

--w

j{O CONSENT AGENDA

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

DATE: July 22, 2008

TO: BOARD OF COUNTY COMMISSIONERS

THROUGH: Joseph A. Baird, County Administrator

Thomas Frame, General Services, Director n~

James "Buddy" Akins, Building Division Director f -FROM: Jerry Davis, Purchasing Manager g~ PREPARED BY: Maeghan McLaughlin, Staff Assistant, Purchasing Division

SUBJECT: Approval of Bid Award for IRC Bid No. 2008058 Demolition of Five (5) Condemned Structures

BACKGROUND:

The Building Division has requested the solicitation of competitive sealed bids for the demolition of the following five (5) condemned structures:

1. Owner: Address: Parcel#:




5. Owner: Address: Parcel#

STATUS CHANGE:

Charlie L Jones 4004 46"' Lane 32-39-22-00011-0000-00037.0

Oscar Ross 44612810 Avenue 32-39-27-00001-0000-00002.0

Yves Paul Michel & Elke Narcisse & Omni Construction 8765 64"' Avenue 31-39-29-00000-5000-00055.0

Lulleta Battle & Will Battle 4230 2910 Avenue 32-39-27-00006-0000-00003.1

Bassam Kattoura 2305 271h Avenue SW 33-39-34-00001-0160-00001.0

The owner of 4004 46th Lane (Structure No. l as listed above) has - since the bid opening date -received approval from the Board of County Commissioners to repair the property. Therefore, Structure No. 1 (located at 4004 46'h Lane) will not be among the properties listed above for demolition.

(Continued)

F:\PUrohasing\Bids\2007-2008 FY (2008000)\2008058 Demolition ofFive (5) Condemned structures\Agen- PO.doc

114

CONSENT AGENDA Memo to Board of County Commissioners Bid No. 2008058 July 22, 2008 Page Two of1bree

BID RESULTS:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies:

BID TABULATION:

Jtme 4, 2008 at 2:00pm May 14,2008 Four Htmdred Seventy ( 4 70) Vendors Forty Eight ( 48) Vendors Sixteen (16) Vendors

BIDDER -N0.1 4004 46th Lane

Prop<rtyNo.2 446128thAve

Property No.3 8785 64th Ave

Property No. 4 423029thAve

Property No. 5 230S27tbAveSW

SRD Construction & Dev. Corp. Whrt.er Haven, FL

Southern Majestic Homes Lake Wales, FL

PAW Materials, Inc. Bayonet Point, FL

LGT Enterprises, LLC Mdboume,FL

X X X Y S

XXXYS

X X X Y S

X X X Y $

X X X N $

DJP General Contracting Senices, Inc:. X X X y S Fort Pien:e, FL

Fischer & Sons, LLC Sebastian, FL

LEB Demolition & Consult. Coot., Ine. .Jemeu Beach, FL

BremarComtruction.,LLC .Jensen Beac:b, FL

Southern Designs GCC St. Cloud, FL

Cross Etrriromumtal Senkes, Inc. Crystal Springs, FL

Aqua-Terra, Inc. of Martin CoUDty

Robe Saund, FL

CST EnvirOiiiBelltal, Inc. Orloudo, FL

TbeCiearingComplQIJ', UC • Vero Beach, FL

Uoiven:al Tractor Sales'"*

0-FL

X X X Y S

X X X Y S

X X X Y S

X X X Y S

X X X Y $

X X X Y S

X X X N S

X X X N

3,630.00 $

4,320.00 $

3,800.00 s

4,459.00 $

3,863.00 $

5,.151.50 ' 5,400.00 ' 6,100.00 ' 6,605.00 s

7,375.00 s

8,200.00 ' 14,800.00 s

6,500.00 s

$10,281 s

5,125.00 ' 2,755.00 s

6,102.00 ' 3,180.00 s

6,500.00 ' 3,000.00 s

5,054.00 $ 4,050.00 $

5,803.00 ' 3,496.00 s

9,176.00 s 3,'mi.OO s

8,300.00 s 3,600.00 s

7,800.00 s S,S75.00 S

7,725.00 ' 4,250.00 •

9,550.00 ' 5,620.00 s

1(1.600.00 s 4,450.00 s

9,400.00 s 3,950.00 ' 8,750.00 s 4,000.00 '

14,689.00 s 7,059.00 s

F:\Purchasiog\Bids\2007-2008 FY (2008000)\2008058 Demolition ofFive (5) Condemned Structw:es\Agenda. PO.doc

1,780.00 s 3,795.00 s

2,220.00 $ 3,360.00 s

2.,700.00 ' 4,000.00 s

2,550.00 s 4,0SO.It0 S

2,215.00 $ 6,615.00 ' J.964.00 s .,..73 ' 2,995.00 ' 6,100.00 s

2,731-ZS s 7,500.00 s

3,715.00 $ 7,694.00 s

J.JSO.OO S 8,975.00 s

3,750.00 ' 8,2(10.00 s

3,400.00 s 4,9SOJ16 s

5,000.00 ' 14,000.00 ' 10,313.00 s 9,182..00 s

TOTAL BID PRICE

17,285.00

:19,182.00

20,000.00

20,163.00

21,992.00

25,190.23

26,395.00

29,706.25

29,989.00

3-1,900.00

35,200.00

36,500.00

38,250.00

47,524.00

(Contiuued)

115

Memo to Board of County Commissioners Bid No. 2008058 July 22, 2008 Page Three of Three

TOTAL AMOUNT OF BID:

COST ESTIMATE:

SOURCE OF FUNDS:

RECOMMENDATION:

CONSENT AGENDA

$ 13,655.00 (Excludes Property No. 1 Demolition)

$ 25,000 (or $5,000 per House)

00421441-033490

Staff recommends that the bid be awarded to SRD Construction & Development Corporation 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 after receipt of the appropriate certificate of insurance.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form

FOR: I I

F:\Purcllasing\Bids\2007-2008 FY (2008000)\2008058 Demolition of Five (5) Condemned structures\Agenda - PO.doc

116

"RECEIVED INDIAN RIVER COUNTY INDIAN RIVER COUNTY

BUILDING DIVISION PURCHASING DIVISION

INTEROFFICE MEMORANDUl)foa JUL 18 p It: 3y

TO: Jerry Davis, Purchasing Division Manager

FROM: Buddy Akins, Building omciar--gr

DATE: July 14, 2008

SUBJECT: lRC Bid No.: 2008058, Demolition of 5 condenmed structures.

Pursuant to your Bid receipt for Bid# 2008058, we have had one change in status occur. The owner of 4004 46'h Lane has received approval of the BCC to repair that structure, so it should be removed from your list of properties to demolish.

The properties at 4461 28'h Ave, 8785 64'h Ave, 4230 29'h Ave and 2305 27'h Ave SW are still under condenmation and should be demolished under this bid work. Our previous experience has indicated an approximate cost of $5,000 each for residential demolitions, including debris removal to the appropriate landfill.

Our records indicate SRD Construction and Thompson's Remodeling are both current in license status with the County. Based on the lowest, bid, we recommend award to SRD Construction.

117

Bid # 2008058

Bid: Demolition of Five (5) Condemned Structures

Bid Opening Date: 06/0412008 Time: 2:00pm

BIDDER

SRD Construction & Dev. Corp. Winter Haven, FL

Thompson's Remodeling & Home Repair, Inc.

Vero Beach, FL

Southern Majestic Homes Lake Wales, FL

PAW Materials, 1nc. Bayonet Point, FL

LGT Enterprises, LLC Melbourne, FL

DJP General Contracting Services, Inc. Fort Pierce, FL

Fischer & Sons, LLC Sebastian, FL

LED Demolition & Consult. Cont., Inc. Jensen Beach, FL

Natco, Inc. Vero Beach, FL

Bremar Construction, LLC Jensen Beach, FL

Southern Designs GCC ~Cloud,FL

S: ..._

... £ ~-

~ j ) I ~ -~ ·8 1::)

0..

X X X y

X X X y

X X X y

X X X y

X X X N

X X X y

X X X y

X X X y

X X X y

X X X y

X X X y

Indian IDver County Purchasing Division 1800 27th Street, Vero Beach, FL 32960

C772) 567-8000 ext. 1416


Property No. 1 Property No. 2 Property No. 3 4004 46th Lane 446128th Ave 8785 64th Ave

$ 3,630.00 $ 5,325.00 $ 2,755.00

$ 4,320.00 $ 6,102.00 $ 3,180.00

$ 3,800.00 $ 6,500.00 $ 3,000.00

$ 4,459.00 $ 5,054.00 $ 4,050.00

$ 3,863.00 $ 5,803.00 $ 3,496.00

$ 5,351.50 $ 9,176.00 $ 3,778.00

$ 5,400.00 $ 8,300.00 $ 3,600.00

$ 6,100.00 $ 7,800.00 $ 5,575.00

$ 6,605.00 $ 7,725.00 $ 4,250.00

$ 7,375.00 $ 9,550.00 $ 5,620.00

$ 8,200.00 $ 10,600.00 $ 4,450.00

Witness: Jerrv DavJs

Witness: Mae.2:han McLtuehlln

Property No. 4 Property No.5 TOTAL BID PRICE 4230 29th Ave 2305 27th Ave SW

$ 1,780.00 $ 3,795.00 $ 17,285.00

$ 2,220.00 $ 3,360.00 $ 19,182.00

$ 2,700.00 $ 4,000.00 $ 20,000.00

$ 2,550.00 $ 4,050.00 $ 20,163.00

$ 2,215.00 $ 6,615.00 $ 21,992.00

$ 1,964.00 $ 4,920.73 $ 25,190.23

$ 2,995.00 $ 6,100.00 $ 26,395.00

$ 2,731.25 $ 7,500.00 $ 29,706.25

$ 3,715.00 $ 7,694.00 $ 29,989.00'

$ 3,380.00 $ 8,975.00 $ 34,900.00

$ 3,750.00 $ 8,200.00 $ 35,200.00

Bid # 2008058

Bid: Demolition of Five (S) Condemned Structures

Bid Opening Date: 06/04/2008 Time: l:OO pm

BIDDER

Cross Environmental Services, Inc. Crystal Springs, FL

Aqua· Terra, Inc. of Martin County Hobe Sound, FL

CST Environmental, Inc. Orlando, FL

The Clearing Company, LLC • Vero Beach, FL

Universal Tractor Sales "'"' Orlando, FL

~

COMMENTS: I;;,D

.... :£ j j ~

J ~ ~

X X X

X X X

X X X

~-

Indian River County Purchasing Division

1800 27th Street, Vcro Beach, FL 32960

(772) 567-8000 ext.l416


Witness: Jerrv Davis

Witness: Mael!'han McLaul!'hlln

! Property No. I Property No.2 Property No.3 Property No. 4 Property No. 5 TOTAL BID PRICE 4004 46th Lane 446128th Ave 8785 64th Ave 4230 29th Ave 2305 27th Ave SW

~

y $ 14,800.00 $ 9,400.00 $ 3,950.00 $ 3,400.00 $ 4,950.00 $ 36,500.00

N $ 6,500.00 $ 8,750.00 $ 4,000.00 $ 5,000.00 $ 14,000.00 $ 38,250.00

N $10,281 $ 14,689.00 $ 7,059.00 $ 6,313.00 $ 9,182.00 $ 47,524.00

··.·.

DISQUALIFIED -NO ADDENDUM NO. 1 *

DISQUALIFIED- DISCLOSURE NOT NOTARIZED **

-

To: David Theriault • . . . • • • • • • • • . • • • • • • . . . . . . . • Fm: Onvia. com Inc

Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960

Revised Bid Form

Specifications for: Demolition of Five (5) Condemned Structures

Bid#: 2008058

Bid Opening Date I Time: June 4, 2008 at 2:00P.M.

Bid Opening Location: Purchasing Division 1800 271

h Street Vero Beach, FL 32960

In accordance with aU terms, conditions, specifications, and requirements, the bidder offers the following: Note: This bid will be awarded on an "ALL OR NONE" basis.

1. Property #1 4004 461h Lane

2. Property #2 4461 281h Avenue

3. Property #3 8785 641h A'•enue

4. Property #4 4230 29'" Avenue

5. Property #5 2305 27'" Avenue SW

Total Bid Price $._\'-tz'..{--:.,'1..;::.:,:;:6.,.6::;-""--ID Numbers

$

$

$

$

$

3~?6----

?31-?--2-755-

1780-3 7ct5.-/

Completion time after receipt of "Notice to Proceed" or PO. "W"-'-11}j=i..,.IJ.__..;V"""'""Q'----'-'ID~A.,Y~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?

YesgJ 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,

Page 13 of 18

17:03

120

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: Sl< 0 CO b\'S]". { D£=.\1, CoRP,

Company Address: P. 0 • 6o£ %7 0

City, State WlN.-rER, j-\(1...\{BJ I [:L. ~ ZipCode33'&1,3 7

Telephone: 8~3-?1-1·7072- Fax: %3- 324:-7Dt?

E-mail: T

Number: 5<7-3 3 4 t.{ I 1 '7

Authorized Signature: -...L.~~~=~<:::~~~:::::_ ____ Date: J UN[ 3 :2. DD~

Name: ':5f1?-VE:)J --nAN I£ L(Type I Printed)

Page 14 of 18

Title: ?t26; 13"&-lkr

121

2P

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


Honorable Board of County Commissioners

Joseph A. Baird, County Administrator ~

John King, Director A]~ Department ofEmerg{Ju:ySe~ces

Brian S. Burkeen, Assistant Chief /A1_) July 14, 2008

Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services.

On October 3, 2006, the Indian River County Board of County Commissioners approved a renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services to provide BLS/ ALS Emergency Medical Services originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 15, 2008, and the renewal process should be accomplished prior to that date.

The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate.

An application for the renewal of the Class "A" certificate has been submitted by Indian River County Department of Emergency Services, Fire Rescue Division. Staffhas reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance.

RECOMMENDATION:

Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services, to be effeCtive for a period of two (2) years from October 15, 2008, to October 15, 2010.

122

ATTACHMENTS:

1. Renewal Application from Indian River County Department ofEmergency Services

APPROVED FOR AGENDA

FOR August 12, 2008

BY-#!{ osephA. Bllird f- County Administrator

lndlan River Co. - Date

Admin. -t1k W~Y' /1./1;(~ ?J"J1ll,i - '([b ibr ,1~ /_

1/t....' -'· Dept 'J·Z1·<>i"

RJskMgr. A. b•. J.· I ""'""g ·Oi' . GenemSVcs.

Pwchasl"9

123

INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES

APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

I. CLASSIFICATION OF CERTIFICATE REQUESTED (See attachment for certificate classifications)

ClassA X

ClassC 0

II. TYPE OF APPLICATION:

NEW 0

RENEWAL X

ill. DATE OF APPLICATION: July 14, 200&

ClassB 0

ClassD 0

LEVEL OF SERVICE:

BLS 0

ALS X

APPLICATION FEE ATTACHED: YES 0 NO X

APPLICATION FEE OF $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. THE APPLICATION FEE IS WAIVED FOR CERTAIN APPLICANTS • REFER TO THE ATTACHMENT FOR INFORMATION. If payment is applicable, the check must be made payable to INDIAN RJVER COUNTY, FLORIDA.

1. NAME OF AMBULANCE SERVICE: Indian River County Department of Emergency Services

124

MAILING ADDRESS: 4225 43'd Avenue

CITY: Vero Beach COUNTY Indian River

ZJP CODE: 32967 BUSINESS PHONE: (772) 226-3900

2. TYPE OF OWNERSHJP: (i.e. Private, governmental, Volunteer, Partnership, etc.)

COUNTY

3. MANAGER'S NAME: John King, Director of Emergency Services

4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary). NAME ADDRESS POSITION

Sandra L. Bowden 1801 27"' Street Vero Beach, Fl. Chairperson

Wesley S. Davis 1801 27"' Street Vero Beach, Fl. Vice-Ch:rirperson

Gary C. Wheeler 1801 27th Street Vero Beach, Fl. Commissioner

Peter D. O'Bryan 1801 27th Street Vero Beach, Fl. Commissioner

Joseph E. Flescher 1801 27th Street Vero Beach, Fl. Commissioner

5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES: NOT APPLICABLE

6. PROVIDE SOURCE OF FUNDING Tax Generated Revenue/User Fee

7. RATESCHEDULEATTACHED? YES X NOD N/AD

125

8. LIST THE ADDRESS(es) OF YOUR BASE STATION AND ALL SUB-STATIONS:

Administrative Office

Emergency Services Station 1











4225 43"' Avenue, Vero Beach, Fl. 32967

1500 Old Dixie, Vero Beach, Fl. 32960

3301 Bridge Plaza Drive, Vero Beach, FL 32963

2900 43"' Avenue, Vero Beach, Fl. 32960

1500 9" Street S.W., Vero Beach, FL 32962

6585 US 1 Vero Beach, Fl. 32970

101 South AlA, Vero Beach, Fl. 32963

1215 82•• Avenue, Vero Beach, Fl. 32966

1115 Barber Street, Sebastian, Fl. 32958

1640 US 1, Sebastian, Fl. 32958

62 North Broadway, Fellsmere, FL 32948

2555 93"' Street, Vero Beach, Fl. 32963

9. THE APPLICANT MUST DEMONSTRATE A NEED FOR THE PROPOSED SERVICE IN THE REQUESTED SERVICE AREA (attach sufficient documentation).

Reference Chapter 304 Advanced Life Support

10.DESCRIBE THE GEOGRAPIDC AREA(s) IN WHICH YOUR PROPOSED AMBULANCE SERVICE WILL RECEIVE PATIENTS:

Indian River County with the exception of the Town of Indian River Shores (Mutual Aid)

11. COMMUNICATIONS INFORMATION:

RADIO FREQUENCY (ies)

RADIO CALL NUMBER(s)

Ericsson 800MHz Trunk Radio System

Med 1 thru Med 11

126

12. PLEASE LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WlllCH YOU HAVE DIRECT RADIO COMMUNICATIONS:

FROM AMBULANCE FROM BASE STATION

All State Hospitals and Medical Stations Sebastian River Medical Center

Central Dispatch Indian River Memorial Hospital

All Law Enforcement

Fire Apparatus

Municipal, County and Constituency Agencies

13. ATTACH THE FOLLOWING COMPLETED DOCUMENTS WITH APPLICATION:

A.

B.

VEIDCLE INFORMATION (form provided)

PERSONNEL ROSTER (form provided)

C. INSURANCE VERIFICATION (provide

Attached

Attached

copy of policy, coverage limits must be shown on policy). Attached

D.

E.

COPY OF STANDARD OPERATING PROCEDURES

INCLUDE A COPY OF MEDICAL PROTOCOLS ·

On File in Commission Office

On File in Commission Office

14. I hereby certify that this service will provide continuous service on a 24-hour, 7-day week basis. I, the undersigned representative of the above service, do hereby attest that my service meets all of the requirements for operation of an ambulance service in the state as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, life support services.

I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority.

127

TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON TillS APPLICATION ARE TRUE AND CORRECT.

o John King,~irector STATE OF FLORIDA COUNTY OF ::r;,,\;o, ... l;:<:v.:.c • The foregoing instrument was acknowledged before me this 33 day of 0 w';tn ' 20 o c;s , by ==:$0\-, ..... 'b; ~ . He/she is personally kn to be or has produced a driver's lice as identification.

Personally known to me, or

0 Produced identification: -------------------..,--Typeofl.D.

NOTARY PUBLIC

My Commission Expires:

i~}//.\:!~f;-._ LILIAN A. IVEY ~f""A"\*l Commission DD 650121 ~~4~' Expires March 20, 2011

'•Bfl,f.\•' Bonded Thru Troy Fain Insurance 800-385-7019

128

NAME OF SERVICE:

DATE:

SUBMITIED BY:

MAKE MODEL

FORD 2002

FORD 2002

GMC 2004

FORD 2004

Ford 2003

Chevrolet 2004

FORD 2003

Chevrolet 2004

FORD 2002

Chevrolet 2007

Chevrolet 2007 ~~· -


VECHICLE ROSTER

Indian River County Department of Emergency Services

September 7, 2006

Brian S. Burkeen, Assistant Chief

VEHICLE MANUFACTURE IDENTIFICATION ALS/BLS

NUMBER (VIN)

WHEELED COACH TYPE Ill 1 FDXE45F02HB28789 ALS

WHEELED COACH TYPE Ill 1FDXE45FZZHA61449 ALS

WHEELED COACH TYPE Ill 1 GBE4V1254F522170 ALS

WHEELED COACH TYPE Ill 1 FDXE45P44HB161 07 ALS

WHEELED COACH TYPE Ill 1FDXE45F23HB18783 ALS

WHEELED COACH TYPE Ill 1 GDE4V1264F516076 ALS

WHEELED COACH TYPE Ill 1 FDXE45F93HB66488 ALS

WHEELED COACH TYPE Ill 1GDE4V1204F516459 ALS

WHEELED COACH TYPE Ill 1FDXE45F42HB29076 ALS

MEDTEC TYPE Ill 1 GBE4V19X7F421 062 ALS

MEDTEC TYPE Ill 1 GBE4V1907F421491 ALS

SERVICE ASSIGNED NUMBER

757

755

702

718

715

720

717

721

759

723

724

0')

C'J ..--

SERVICE TYPE** BASE RATE OXYGEN

ALS 1 $420.00

ALS2 $605.00

BLS $350.00

*"TYPE CODE: ALS =ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT

AMBULANCE FEE SCHEDULE

MILEAGE

$12.00

$12.00

$12.00

2008 YEAR

WAITING TREAT & CANCEL

NON-EMERGENCY __ _

COMMENTS/SPECIAL CHARGES

0 (V)

.--

ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 05/15/08

Gallagher Risk Management Serv~~::~-:Inc. ~A·N~~" ~:.':'..!!':!!):~ J.

!z3~~ w. sand Lake Road ALTER THE CC ~~':,';', 'su~te 390

·~~,32~~· INSURERS AFFORDING COVERAGE NAIC#

, lNS!_J~O River County BOCC Excess • Lines Ins 1>0786

1840 25th Street

Vero Beach, FL 32960 .

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMFn AROVF FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH

~;ES.AGGREGATELIMITSSHO\MIMAYHAVEBEEN REDUCED BY PAID~~

UMn

'""""" 'I•"" ·~

f--~ CLAIMS MADE D OCCUR

f--f--

UMJT I

l POLICY r l P,,\',\'.; .. n LOG

A I'""'"'"~ Gl A3 EXD0000l.9~03

~ ANY AUTO

f--ALL OWNED AUTOS

r- SCHEDULED AUTOS

r- HIRED AUTOS

NON-OVVNEO AUTOS -

f--

'"' r- ANY AUTO

paccuR D CLAIMS MADE

H DEDUCTIBLE

$

WORKERSCOMPENSAnONAND EMPLOYERS' UABIUTY ANY PROPRIETORIPARTNERIEXECUTJVE OFFICER/MEMBER EXCLUDED?

illY"'· I

~~~~Physical Damage

$750,000 xs $250,000 SI:R

,_, of Insurance for operation of Emergency Medical

CERTIFICATE HOLDER

Florida Department of Health Bureau of Emergency Medical Services

4052 Bald Cypress Way, Bin #C18

Tallahassee, FL 32311-1738

ACORD 25 (2001/08) mrbutterfield 8760756

USA

~ $

$

$ .. $

I r.FNFRAO $

$

04/01/08 04/01/09 COMBINED SINGLE LIMIT $750,000 (Ea acddent)

BODILY INJURY $ (Per person)

BODILY INJURY {Per accident) ' PROPERTY DAMAGE (Per accident) $

I AUTO• '' OTHER THAN EAACC

! ' AUTO ONLY: AGG lo EACH• I'

I' '• '$

II I I ,I I0J.\'"

E.L I I' E.L DISEASE· I•

I I•

750,000

Services.

CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElLED BEFORE THE EXPIRATION

DATE THEREOF, lHE ISSUING INSURER WILL ENDEAVOR TO MAIL 2.!_ DAYS WRJTIEN

NOTICE TO lHE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBUGATION OR UABJUlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUlHORIZEDREPRESENTATIVE

.1(~ J....Jgd4 ®ACORD CORPORATION 1988

131

IMPORTANT

If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

DISCLAIMER

The Certificate of Insurance on the reverse side of this fonn does not constitute a contract bet.Neen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

ACORD 25 (2001/03)

132

IMPORTANT

ARTHUR J. GALLAGHER & Co. DISCLAIMER

SURPLUS LINES (NON-ADMITTED) CARRIERS

"This insurance is issued pursuant to the Florida Surplus Lines Law. Persons insured by surplus lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an insolvent unlicensed insurer."

133


PERSONNEL ROSTER

NAME OF SERVICE: Indian River County Fire Rescue

TYPE OF SERVICE: BLS o ALSX

DATE: July 14, 2008

PLEASE LIST ALL PERSONNEL (INCLUDING VOLUNTEERS)

CERTIFICATION TYPE EVOC

LAST NAME FIRST & M.l EMT PARA CERT# EXP.DATE YES I NO I DATE

Steve X emt61835

Adams Charles X em\514841

Steve X pmd6212

Nathan X pmd514917

X emt52801

Ron X pmd513404

Arcure X pmd7958

Arnold X emt516175

X emt46818

X emt40353

Dave X pmd9650

-.:;:t ('V') .......

1.0 ('I')

.....-

LAST NAME I FIRST & M.l EMT PARA CERT# EXP.DATE YES NO

Blake X pmd9701 12/1/2008 X

Jerald

Lonn

Melech X pmd4635 12/1/2008 X

Michael X pmd510146 12/1/2008 X

X emt44201 12/1/2008 X

Brewer

Brooke

X

Brooks !Terry I X

Buckner

Budde

Burkeen

Carhart

Carothers

X

X

X -X

X

c.o M ..--

LAST NAME I FIRST & M.l I EMT PARA CERT# IEXP. DATE I YES I NO

Ken X emt44261 I .I I

Chatam

Chesnutt Jay X

X

X emt67903 12/1/2008 X

Clute Kevin X pmd513260 12/1/2008 X

Cobb John X em\305021 12/1/2008 X

Coe John X pmd19119 12/1/2008 X

X em\61178 12/1/2008 X

X pmd205853 12/1/2008 X

Cox I Robert I X emt19282 12/1/2008 X

Cutshall jGerald l X pmd513336 12/1/2008 X

X

Daniels Mark X

Davison Mike I

X

Kevin X

Diehl William {Bill)

Diehl Linda X pmd11664 12/1/2008 X

X emt19299 12/1/2008 X

X

Dian Roger X

Dixon Victor X

Downs Shane I X I

X

r-M .......

LAST NAME I FIRST & M.l I EMT I PARA I CERT# IEXP. DATE YES I NO

X emt58651 12/1/2008 X

John I X emt66027 12/1/2008 X

X

Joe X

'homas X pmd507483 12/1/2008

Dean X emt58627 12/1/2008 X

Babette X emt62709 12/1/2008 X

Justin X emt306592 12/1/2008 X

Diane X pmd17002 12/1/2008 X

X emt21307 12/1/2008 X

X pmd15119 12/1/2008 X

X

Joely I Donna

Tonia

Ra

Sean

Jesse

Grant Ivan

Grass Barbara

Grasso Nicholas

Graul

LAST NAME FIRST & M.l EMT

Greer

Griffin

Hobbs

Holbrook James I

Howard IMo I

X

Dustin

Isaacson Erik X

Johnson Dave (Joe) !

Denise

Johnston I Rodney I

Jones

X

Justice Dale

Keeler Pat X

Kiernan Dave

X

Kofte IKvle I

PARA CERT#

X

X

X

X pmd511290 I

X pmd205877

X pmd513482

emt19410

X pmd506287

emt519364

X

X

X

X I

X pmd18764

emt1656

X omd201248 I

EXP.DATE

12/1/2008

12/1/2008

12/1/2008

12/1/2008

12/1/2008

12/1/2008

12/1/20081

YES X

X X X X X X

X

co M ....--

0') ("'')

...-

LAST NAME !FIRST & M.l I EMT I PARA I CERT# IEXP. DATE I YES I

NO I~:J Joe X

Nate X emt301777

Nick X pmd201311 12/1/2008 X

X pmd513532 12/1/2008 X

emt61832 12/1/2008 X

X

I X

I pmd205339 I 12/1/20081 X

X

X

X

X

X pmd201184

X emt9853

X emt72913 12/1/2008 X

X emt19500 12/1/2008 X

X emt61844 12/1/2008 X

X emt66000 12/1/2008 X

X emt62405 12/1/2008 X

X

X

12/1/20081 X

0

"""" ........

LAST NAME I FIRST & M.l I EMT I PARA I I I I I I Monnin

Montuoro !Bobby I X I emt42637 I

X pmd201893 12/1/2008 X

Mumm luz I I X pmd17994 12/1/2008 X I

X pmd500892 12/1/2008 X I

X

Nolan Brian X

O'Brien Joshua X emt519756 12/1/2008 X

O'Connor John X pmd201258 12/1/2008 X

X pmd500892 12/1/2008 X

X omd200885 12/1/2008 X

X omd206434 12/1/2008 X

X I emt58168 12/1/2008 X I

X

X 12/1/2008 X

X 12/1/2008 X

X emt13363

emt516802

....-~ ....-

X I emt65533 12/1/2008 X

X pmd201637 12/1/2008 X

X pmd512660 12/1/2008 X

Raulerson James X pmd200885 12/1/2008 X

Raynor Jeff X emt59108 12/1/2008 X

Reiselbara Julie X

Richter Cory X omd12191 12/1/2008 X

Richter Joev X omd501605 12/1/2008 X

X I emt67681 12/1/2008 X

X pmd506993 12/1/2008 X

X em\61970 12/1/2008 X

Roman Michael X pmd514240 12/1/2008 X

Rule Michael X pmd512463

Salm

Salm

Sansone Michael md513455 12/1/2008 X

X

I I emt516094 I 12/1/20081 X

X

X

X I emt15260 12/1/2008 I

X pmd201275 12/1/2008 X

X I emt19662 12/1/2008 X

X omd500044 12/1/2008

Andrew X

X

X

X

X

X

Usher

X

X

X

X

X

12/1/2008

emt302861 12/1/2008

emt302861 12/1/2008

emt62359 12/1/2008

X

X

X

X

C'oJ ""¢' ..--

Weimann I Bruce

I I X

Wells X ~orman

X I

X

Wheeler !Mark I X I I

X

X

X

X

X

X

X

pmd514590 12/1/2008

emt46183 12/1/2008

pmd201413 12/1/2008

emt52118 12/1/2008

emt52852 12/1/2008

X

X

X

X

X

(V')

'""" .......

Office of Consent Agenda

INDIAN RIVER COUNTY ATTORNEY

MEMORANDUM


FROM: '}!) ~ E. Fell, Senior Assistant County Attorney

DATE/ V~stS, 2008 ·

RE: Ratification of Documents Executed by the County Administrator or Designee, on behalf of the Board of County Commissioners, under authority of Resolution No. 2008-096, between July 16, 2008, and August 11, 2008

1) AT&T Easement at s'h Street, SW and 43rd Avenue. This Easement is a request by AT&T to relocate its existing facilities from County right-of-way into a dedicated Easement located at the same intersection.

Approved for BCC Meeting Cons13nt Agenda- August 12, 2008

By --"'~"'------r-lr&""'W::..L..h.-&.-1----=..., -County Attorney

144

STATE OF; FLORIDA COUNTY OF INDIAN RIVER

Preparer's name and address

Jim Cox, P .E. 5360 NW Nassau Laoe Port St. Lucie, FL 34983-3312

Grantee's Address:

8416-C-FL (06-2007}

BellSoutb Telecommunications, Inc. d/b/a AT&T Florida 3300 Okeechobee Road, Room 237 Ft. Pierce, FL 34947

EASEMENT

For and in consideration of Ten dollars ($ 10.00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below, (hereinafter referred to as Grantor), do(es) hereby grant to BeliSouth Telecommunications, Inc., a Georgia corporation, d/b/a AT&T Florida, its successors, hereinafter referred to as 'Grantee'), an easement to construct, operate, maintain, add, and/or remove such systems of communications facilities, as the Grantee may from time to time deem necessary in the conduct of its business under a portion of the lands in Indian River Farms Co Subdivision described in PBS 2 Page 25, said lands now lyina in Indian River County. Florida, and, to the fullest extent the Grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly described as follows:

All that tract or parcel of land lying in Section 21, Township 33 S Range 39 E, Indian River County, State of Florida, consisting of a parcel of land ...... .

See Exhibit "A"

The following rights are also granted, the exclusive right for BeiiSouth Telecommunications, Inc. (d/b/a/ AT&T Florida) to lay cable or conduit under said easement for communications; ingress to and egress from said easement at all times; the right, but not the obligation,· to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the underground lines of communication; the right to relocate said facilities, systems of communications, on said lands to conform to any future improvements.

To have and to hold the above granted easement unto BeiiSouth Telecommunications, Inc., d/b/a AT&T Florida, its successors forever and in perpetuity.

Grantor warrants that Grantor is the true owner of record of the above described land on which the aforesaid easement is granted.

SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement:

Grantee agrees to indemnify and hold Grantor harmless from and against any and all losses, claims or damages incurred by Grantor arising from the Grantee's actions or failure to exercise care in the construction, reconstruction, operation or maintenance of Grantee's facilities located on the above documented Easement.

145

84!6C-FL (06-2007) Page2

~f: theJf~~ed has/have caused this instrument to be executed on the __ t[.~'/j:J ___ .day of

Signed, sealed and delivered in the presence of:

Witness ~ (Print Name) f..E.A /< • J3 /...t.-£/l

BOARD

By:

Indian River County Name of Corporation (Address) OF COUNTY COMMISSIONERS 1801 271

" Street Vera Beach Florida 32960-3388

'c ael C. Zito, Assistant County Administrator, pursuant

rinte.d Nam": to tne~~anu~t~h~c~r~iHt~y~d~e~l~e~g~ated to

Title:him by Resolution No. 2008-096 dated 7/15/2008

APPROVf!D AS TO FORM

, :~N ~GA1SfXL:~ State of Florida, County of Indian River ' RIAN ~

:;ilt, A S NT COUNTY ATTORNEY

1 HEREBY CERTIFY that Michael C • Z ito , personally; appeared before me and acknowledged that he/she was the same. The foregoing instrument was acknowledged before me this ====day of August , 20oa , by Michael C. Zito X(lii!li~lH!t~ilPllX (name of

corporation) Ind:Lan R:Lver County, Board of County Commissioners .,-,-.,-,--,----,..-,~--:----,-----:---:------- corporation on behalf of the corporation. He/she is personally known to me ~Hfflll~------------------ldentification J¥~::ili@~i@X'}{!~j(~'X~

Wttness my hand and official seal in the County and State last aforesaid, this _:J.t/-_YA::_ ___ day of

l\~ ~ • 2

~ My Commission Expires: --$-~~~~~~of:"..,..""""-".;v't Notary Public . d. 1'1 Notary Public State of Florida (Print Name) L£14 R. 7')8 t....L-(3,._ Commission Number LeaR Keller

-"7-T:~:-f~-m;,-n 00782575 Expires 05/15/2012

TO BE COMPLETED BY GRAN TEE District IFRC Wire Center/NXX Authority Central Florida Vero Beach

Drawing AreaNnmber PlatNnmber RWID

Parcel ID I Approval Title 33392100001008000002.0

146

SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY

REMAINDER OF TRACT 8 NOT INCLUDED -------- -

r"~--~------~S~B~9~·~3~3~·71~4~"E=------------," 40.00'

1" = 10'

OJ w . 1- (D

~0 lSI SUBJECT o::w 1-0 lSI lSI

::J - PARCEL (L_J . lSI 0~ lSI (Y)

o::- lSI w 01-. zo -z

z < :>: w 0::

N B9.33'14"W 30.00'

LINE BEARING DISTANCE L 1 N B9.33'14"W 10.00'

N RIGHT OF WAY LINE 5TH STREET SW

w • (D

• (SJ IS)(\) lSI

z

:;;: . -. • lSI ISILD lSI

(J)

REMAINDER OF TRACT 8 NOT INCLUDED

• lSI

~~POC • (SJ lSI 01 SW CORNER OF THE EXHtBlT "A" lSI E 20.54 ACRES OF z TRACT 8

'DATE OF SURVEY: 4-15-08

THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND OR J G I Nf,L RA I SED SEAL OF THE FLORIDA Ll CENSED SURVEYOR & MAPPER NAMED BELOW.

'SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE

"~' #;9// ·, MAY 1 3 2008 ---~"!:.L_.! ____ L___ _::.. ______________ _

PAGE 1 OF 3

DAVID M. JONES PROFESSIONAL SURVEYOR 8 MAPPER

3899 39TH SQUARE !??2156?-98?5 VERO BEACH . FL 32960

D/W! D M. _lONES. FLOR .. ~OA.,tT ENS. E NUMBER LS 3909

! SIGNED AND SEAl .. ED I ~--~--------------~~----------------~,~4~7

rn~-?~~ ATT ~AC~M~NT r

EXH I BIT " A " AT & T EXCLUS I VE EASEMENT

COMMENCE AT THE SOUTHWEST CORNER OF THE EAST 20.54 ACRES OF TRACT B. SECTION 21. TOWNSHIP 33 SOUTH. RANGE 39 EAST. INDIAN RIVER FARMS COMPANY SUBDIVISION. AS RECORDED IN PLAT BOOK 2. PAGE 25. OF THE PUBLIC RECORDS OF ST. LUCIE !NOW INDIAN RIVER! COUNTY. FLORIDA: THENCE NORTH 0 DEGREES 10 MINUTES 16 SECONDS EAST. ALONG THE WEST LINE OF SAID EAST 20.54 ACRES. A DISTANCE OF 90.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 5TH STREET SOUTHWEST: THENCE SOUTH 89 DEGREES 33 MINUTES 14 SECONDS EAST. PARALLEL TO THE SOUTH LINE OF SAID TRACT 8 AND ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 25?.85 FEET TO THE POINT OF BEGINNING:

I THENCE NORTH 0 DEGREES 10 MINUTES 16 SECONDS EAST. A DISTANCE OF 20.00 FEET: THENCE NORTH 89 DEGREES 33 MINUTE~ 14 SECONDS WEST. A DISTANCE OF 30.00 FEET: THENCE NORTH 0 DEGREES 10 MINUTES 16 SECONDS EAST. A DISTANCE OF 30.00 FEET: THENCE SOUTH 89 DEGREES 33 MINUTES 14 SECONDS EAST. A DISTANCE OF 40.00 FEET: THENCE SOUTH 0 DEGREES 10 MINUTES 16 SECONDS WEST. A DISTANCE OF 50.00 FEET: THENCE NORTH 89 DEGREES 33 MINUTES 14 SECONDS WEST. A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.

SURVEYOR'S NOTES:

1. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF.

2. BEARING BASE - THE SOUTH LINE OF TRACT 8. SECTION 21. ·TOWNSHIP 33 SOUTH. RANGE 39 EAST BEARSS 89'33' 14"E

AND ALL OTHER BEARINGS ARE RELATIVE THERETO.

PAGE 2 OF 3

DAVID M. JONES PROFESSIONAL SURVEYOR 8 MAPPER

SKETCH OF DESCRIPTION lrr2Jss?-se'i's 3899 39TH SQUARE

VERO BEACH . FL 32960

NOT A FIELD BOUNDARY SURVEY 14E

· S 89'28"53"E

NJIAN RIVER FARMS WATER ClJIITRCl_ DISTRICT SOJTH REL1EF CANAL

250" RIGHT OF WAY S 89'28"53"E S 89'28"53"E I - -- - - - 653 .63-.- - - -· - -s2i. 86'"" - -,..-'-- - 3"45~ ~ - 1

N _J

w ' "'" Ul

m ISl

ISl ISl

z

_J

S 89'28"53"E 653.62"

------ -------1 • = 200"

REMAINDER OF TRACT 8

NOT INCLUDED

LINE BEARING DISTANCE L 1 N 121121'1219"54"E 9121.121121" L 2 N 121121'1219"54"E 125.121121" L 3 s 121121· 1121· 16 ·w 125.121121" L 4 s 1210'1121" 16"W 9121.0121" L 5 s 1210'10"16"W 90.0121" L 6 N 89'33" 14"W 6121.121121" L 7 N 89'33" 14"W 6121.121121"

N 89'33"14"W 653.5121"

5TH STREET SW I REBEL ROAD RIGHT OF WAY VARIES

"' _J

3:

<D

(/)

S 89'28"53"E 32?.86"

W 11!1 ACRES CF

E 21!1.54 AmES

CF TRACT 8 ·

5I B ECT PARCEL

SUBJECT PARCEL SEE SHEET 1 FOR DETAIL

N 89'33"14"W - --32?.ss- -

"' _J

339921 BBBBI 006111

0003.2

333921 lillillil01 lilliiBiil

1!1003.-4

333921 0111001 lilliiBiil

0003.3 .

333921 013001 0080

lill!llil3.1

333921 01!1001

11111180 011103.0

333921 0001111 0080

lillillil-4.0

333921 0lillil01 011180

0111£14.1

933921 00001 0080

000<1.2

393921 00001 011180

lillims.e

I I

I I

I I

I I

J ;,I

~~~ ·"' :i~

I

I I

I I

I I

I I

I N 89'33" 14"U

- --3-45.67"-

w ~ z <(/) X:w . X:-

~~ u,_ ...... ~

~~->-<a< 0 It: (Y)

"'"

PAGE 3 OF 3

DAVID M. JONES OF DESCRIPTION

FIELD BOUNDARY SURVEY SKETCH

NOT A PROFESSIONAL SURVEYOR 8 MAPPER

3899 39TH SQUARE

EXHIBIT "A" 17721567-9875 VERO BEACH . FL 3296121

49

TO:

THROUGH:

FROM:

DATE:

RE:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

Joseph A. Baird County Administrator

ert M. Keating, AICP Community Development Di ector

Roland M. DeBlois, AICP ~ Chief, Environmental Planning & Code Enforcement

Kelly Zedek Code Enforcement Officer

July 31, 2008

CONSENT ITEM (Administrative)

Peter R. Tyson and Jeanne Myers Tyson's Request for Release of an Easement at 2105 Island Drive (Lot 12, Replat of St. Christopher Harbor)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 12, 2008.


The County has been petitioned by Peter Tyson and Jeanne Myers Tyson, owners of a lot at 2105 Island Drive in St. Christopher Harbor Subdivision, for release of a 20-foot wide rear yard utility easement on the lot. The purpose of the easement release request is to remove an easement that is no longer needed by utility agencies (see attached maps).

ANALYSIS

The request has been reviewed by AT&T; Florida Power & Light Corporation; Corneas! Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County Surveyor; the City ofVero Beach Water and Sewer Department; the City ofVero Beach Electrical Engineer; and the St. Christopher Harbor Home Owners Association. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties.

RECOMMENDATION

Staff recommends that the Board, through adoption of the attached resolution, release the 20-foot wide rear yard utility easement, as more particularly described in said resolution.

150

TYSON, PETER & JEANNE Release of Easement Page2

ATTACHMENTS

I. Proposed County Resolution Abandoning Easement 2. Map(s) depicting easement proposed for release

APPROVED:

FOR: August 12. 2008

BY:~ ease.bccmemo proj./appl. no. 9804007!/62159

lndf-m FIIV«" Co.

Admin.

Legal

Budget

Dept.

Rlsi< Mgr.

151

RESOLUTION NO. 2008 ---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT ON LOT 12, REPLAT OF ST. CHRISTOPHER HARBOR

WHEREAS, Indian River County has an interest in a utility easement on Lot 12, Replat of St. Christopher Harbor Subdivision; and

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

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

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

the south twenty (20) foot utility easement of Lot 12, Replat of St. Christopher Harbor, less and except any portion of the east and west three (3) foot utility easements on said Lot 12, according to the plat thereof recorded in Plat Book 9, Page 5 of the Public Records of Indian River County, Florida.

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

TIDS RESOLUTION was moved for adoption by Commissioner---:---::---' seconded by Commissioner , and adopted on the ____ day of __________ 2008, by the following vote:

Chairman Sandra L. Bowden Vice-Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler

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

----------' 2008.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

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

Attested By: Deputy Clerk

152

STATE OF FLORIDA COUNTY OF INDIAN RIVER

RESOLUTION NO. 2008-

The foregoing instrument was acknowledged before me this day of , 2008, by SANDRA L. BOWDEN, as Chairman of the Board of County Commissioners oflndian River County, Florida, and by , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners oflndian River County, Florida, who are personally known to me.

NOTARY PUBLIC

Printed Name:,--_________ _ Commission No.::--..,---------Commission Expiration: ______ _

APPROVED AS TO LEGAL FORM:

William G. Collins II County Attorney

ease. bccdoc proj/apl. no. 98040071/62159

Cc: Applicant:

PETER R. TYSON & JEANNE MYERS TYSON 2105 ISLAND ])RIVE VERO BEACH, FL 32963

153

r= Cl)

154

-. .

i

NOSAl S~3A~ 3NN~3r? ·~ ~313d

01 031~11~3~ ONV BO~ 03BVd3~d

A3A~ns A~~aNnos

0 z <i --' "'

~~

<'a:.

J ;!'!l ,. !! ;t..i !:.. '· • •. •

JJ<:l"l<'fl :lGIM -~ -----------•. ·.

'· '

• ' ""' "' .. J ... "' ~ ""' ~ ,-,'!;!!

~:i oi::!

:~ ~~

~''"""'''" ""'"""' - - - - -

il!

!i ~~~

~

!!! ' l I ~:;!

~~· .. •: " " il~ ~~ i! !~ ~~~,:

" _;~ :~ !~;~

0

I-~. 0' --'

..oo . ..

~gffi :!;;a 2:~ ;i!'J,;

~B~ §~~ d~~ ~$~ 1<ii6 ~~

~ill ~'i:l!!i::!

i~~

..... ,~ .,.,... ..... 31111afv ·~rw: .• ~

.,.. Ul6•l0<!10<1 <<06·lKII .. I

S3N0f ·n OIA\10

~~ .. "!

i~i ., •

--'"---·- ----·;=-----·:··~

155

JEFFREY K. BARTON

Clerk of Circuit Court and Comptroller


Vero Beach, Florida 32960 Telephone (772) 226-1205



SUBJECT: Updated Investment Policy-two minor changes ~ 1 \Yf"J

Jeffrey K. Barton, Clerk of the Circuit Court and ComptrollerLD

And ~ Diane L. Bernardo, Finance Director ~

FROM:

BACKGROUND

The Investment Advisory Committee met on July 24, 2008, to review the Investment Policy and current investment procedures. Two changes were recommended by the Clerk's staff and the investment committee affecting the investment in governmental pools. Our current policy limits governmental pool investments to existing funds in the Florida Local Government Surplus Funds Trust (SBA). During this past year, several government funds have been established by professional organizations, such as Florida Association of Court Clerks and Florida League of Cities, as well as financial management groups.

We are requesting two modifications to our investment policy pertaining to authorized investments in governmental pools:

1. Page 3. Section V -Authorized Investments V.2. : State of Florida Local Government Surplus Funds Trust Fund (SBA) for existing funds only; or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01.

2. Page 4, Section VIII-Portfolio Composition. Risk, Diversification No more than 5% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached Investment Policy changes.

156

V. AUTHORIZED INVESTMENTS

Authorized investments shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities:

1. Direct obligations of the United States Treasury;

2. State of Florida Local Government Surplus Funds Trust Fund (SBA) for existing funds only; or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01.

3. Florida Local Government Investment Trust Fund (FLGIT);

4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes;

5. Federal agencies and instrumentalities;

6. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-l et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian;

7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or

8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount;

9. Derivatives (defmed as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms ofleverage are prohibited;

10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount.

VI. MATURITY AND LIQUIDITY

County investments shall be managed to maintain liquidity for meeting the County's need for cash and to lirnit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements.

3

157

VII. PERFORMANCE MEASURES

The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates.

VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION

The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one issuer. No more than 10% of the portfolio may be placed in certificates of deposit with a Qualified Public Depository (and collateralized in accordance with State requirements) and no more than $3 million of the portfolio may be placed in certificates of deposit with any one financial institution. No more than 5% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool.

All investments must have stated maturities of ten (I 0) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five ( 5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds.

IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS

Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule).

The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following:

A. Audited financial statements,

B. Proof ofNational Association of Security Dealers certification,

C. Proof of state registration, when required, an'd

D. Certification of having read the County Investment Policy.

Brokers and dealers who have been approved by the Investment Advisory Committee must provide arroual audited financial statements to the Finance Director. The Investment Advisory Committee will arroually review the list of approved institutions and brokers.

4

158



THROUGijl: ._James W. Davis, P.E., Public Works Director~ tr"-christopher J. Kafer, Jr., P.E., County Engine~~

Michael D. Nixon, P.E., Roadway Production Manager (f}N FROM: Arjuna Weragoda, P.E., Project Engineer Aw SUBJECT: Civil Engineering and Land Surveying Agreement for

CR 510 from 61"1 Drive to Shore Lane- Amendment No.4

DATE: July 11 , 2008 CONSENT AGENDA


McMahon and Associates, Inc. is under contract with Indian River County to provide Civil Engineering and Land Surveying Services for CR 510 from 61 51 Drive to Shore LaneAmendment No.3. The attached Amendment No. 4 includes the following:

• US-1 Baseline resolution and supplemental survey to accurately locate parcels along 58th Avenue south of CR-510

• Additional 90-parcel sketch & descriptions. The additional sketch and descriptions from the original contract is due to all the necessary temporary construction easements and permanent drainage easements

• Redesign of the roadway alignment east of US-1 to address severe right-of-way impacts. The re-alignment will save IRC from having to purchase approximately 1-acre of RM-6 zoned property and also convey storm water from SR-51 0 into a proposed detention pond within the subject property

• Include an additional turn lane at Bristol Bay Commercial development The right-of-way needed for the turn lane and the proposed widening of SR 510 will be dedicated by Bristol

· Bay Commercial without compensation.

• Alternative drainage analyses on retention ponds within the Redstick Golf Course, Graves Bros property and the Kennedy property

The time for completion of the 90% design drawings for CR-510/SR-510, probable construction cost is four (4) months from approval of this Agreement Once permits are received, 100% design drawings will be complete within 30 days.

The total negotiated design cost for Amendment No.4 is $266,847.00. This added to the current contract amount of $1,095,354.00 results in a new contract amount of $1 ,362,201.00.

F:\Public Works\Capital Projects\CR 51 OICR 510 & US-1_1RC-0514\McMahon\Contracts & Agenda ltems\Agenda's\Amendment No. 4-Rev 07-11-0S.doc

159

Civil Engineering and Land Surveying Agreement for CR 510 from 61 51 Drive to Shore Lane- Amendment No.4

Page2

Roadway Utilities . Total Lump Sum Hourly Lump Sum Hourly

Original Contract $ 196,620.00 $ 78,000.00 $ 274,620.00 Amendment No.1 $ 411,852.00 $ 97,052.00 $ 508,904.00 Amendment No. 2 $ 74,730.00 $ 65,950.00 $ 140,680.00 Amendment No. 3 $ 59,000.00 $ 65,500.00 $46,650.00 $ 171,150.00 Amendment No. 4 $ 208,167.00 $ 58,680.00 $ 266,847.00 Revised Contract $ 891,369.00 $ 358,682.00 $ 65,500.00 $46,650.00 $ 1,362,201.00


Staff had extensive meetings with the consultant in negotiating a reduction in the consultant's initial fee by 20.0%. Therefore, staff feels confident that the attached contract has been negotiated in the

- County's best interest and recommends approval of Amendment No: 4.

Funding is from Account No's. 10215141-066510-05023

ATTACHMENT

Agreement

DISTRIBUTION

Jason Brown, Manager, Budget and Management Office

JohnS. DePalma, P.E., McMahon & Associates, Inc.


Administration

Budget

Legal

Risk Management

Public Works

Engineering

Approved

~~k{,-AI~

r All ,

F:\Public Works\Capfial Projects\CR 51 0\CR 510 & US·1_1RC·0514\McMahon\Contracts & Agenda ltems\Agenda's\Amendment No. 4-Rev 07-11-QS.doc

Date

V/7/of g (p'oJ

711 '-> 'it L

8·5"·o8'

iJ~/VJ.

r6

160

INTERSECTION IMPROVEMENTS AT CR-510 AND US HIGHWAY 1

AMENDMENT NO. 4 TO THE PROFESSIONAL CIVIL ENGINEERING GEOTECHNICAL ENGINEERING & LAND SURVEYING SERVICES AGREEMENT BETWEEN MclV.tAHON ASSOCIATES, INC. & INDIAN RIVER COUNTY, FLORIDA

This is an amendment to the existing Professional Civil Engineering, Geotechnical Engineering and Land

Snrveying Services Agreement (AGREEMENT) dated May 17, 2005, between McMahon Associates, Inc.

(ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section I- Project

Limits and Description", "Section III- Scope of Services", "Section IV- Time for Completion," and "Section V

Compensation," of this AGREEMENT.

"SECTION I- PROJECT LIMITS AND DESCRIPTION" is being m_odified to incorporate the following:

Consultant services are reqnired for the preparation of supplemental design survey, roadway design plans

with the design of improvements within the present contract limits of the intersection of SR-5/US-1 and CR-510

(Wabasso Road), in Indian River County, Florida, as last amended on October 16, 2007. The roadway

improvements identified by the COUNTY include the realignment of SR-510, east of US-1, 58'" Avenue and the

addition of 59'" Avenue Frontage Road, and consist of the following:

"SECTION III- SCOPE OF SERVICES" is being modified to incorporate the following:

The ENGINEER agrees to perform professional design and related services in connection with the project,

as required and set forth in the following:

B. Design Snrveys

The ENGINEER shall provide supplemental design snrvey services necessary to support and facilitate

contemplated design and permitting activities associated with this supplemental portion of the project.

I. US-I Baseline resolution, within the DESIGN LIMITS.

In a review of infmmation obtained from the Florida Department of Transportation

(FDOT) from Genesis Map files, discrepancies in the previously defmed baseline were

detected. Due to these discrepancies the project baseline needs to be field adjusted, and

the project plans reqnire updating, as well.

2. Establish and update project wide horizontal and vertical control network for 58th Avenue

and 59'" Avenue Frontage Road within the DESIGN LIMITS.

161

The project baseline work on 58"' Avenue was included in the Pre-60% plan submittal,

prior to determining the right-of-way control survey. It was agreed by the COUNTY to

include the baseline, but revisions may be required. When the information became

available and was received, it was determined that there are minor offsets in the current

baseline requiring adjustments to the plans. The adjustments are required to roadway

plans, cross-sections, signalization and signing and pavement marking plans profiles.

The COUNTY has requested the addition of the 59" Avenue Frontage Road to be

included with the project. Additional horizontal and vertical field control including DTM

survey will be established and the project plans updated to include this information.

3. Establish and update project information to delineate wetland areas within the DESIGN

LIMITS.

Within the project limits, several areas have been identified as potential wetland areas.

Only those potential wetland areas that are expected to be impacted by the project will be

identified. Once these areas are identified, the project will be updated to include the

wetland delineation, and each angle point'flag will be surveyed, and referenced to the

project's horizontal control.

Bl. Right-of-Way-Survey

The ENGINEER shall provide supplemental design survey to compile the accurate location of

property parcels in the vicinity of 58"' Court and 58" Avenue, south of CR-510 and west of 58"'

Avenue and east of the Indian River Farms Water Control District Canal No. Lateral-G, within the

DESIGN LIMITS.

The ENGINEER shall also provide for additional parcel sketches and legal descriptions for

properties along both 58th Avenue and US-1, which are not supported by the project right-of-way

model.

The ENGINEER shall also provide for additional parcel sketches and legal descriptions for

specific types of acquisitions, i.e., temporary construction easements (TCE), and for drainage areas

in right-of-way or easements (DE). The ENGINEER has been requested by the COUNTY to

prepare the various parcel sketches and legal descriptions for this project. Each individual

property may contain one or more types of these areas. The number of parcels and types will be

estimated, based upon the Pre-60% Roadway Plans, and the current modification of SR-510

alignment, east of US-1, and the estimate of the ENGINEER from an evaluation of cross-sections,

2

162

drainage design and anticipated retention pond locations and corresponding outfall impacts. In the

interest of time, and to assist the COUNTY with discussions with individual property owners along

the corridor, it may be necessary or required to prepare a parcel sketch with multiple revisions.

For those purposes, an estimate of 10% of the individual type of taking or easement will be

quantified as a "re-do." Below is a table of the total estimated project parcel sketches, and those

that have been established to require the different types of easements and the associated unit cost

that will be provided under Hourly Rate Components, in "Section V- Compensation."

CR-510 SR-510 58th US-1 10% SUPPORTED BY RIW MAP {W) (E) Ave (SR 5) redo Total# x FEE $Totals RNITAKE 41 7 5 53 $475.00 $25,175.00

Temporary Construction Easement (TCE) Simple 21 2 24 $200.00 $4,800.00 Complicated 10 7 2 19 $375.00 $7,125.00 Stand Alone 3 0 4 $475.00 $1,900.00

DRAINAGE EASEMENT (DE) 16 4 2 22 $475.00 $10,450.00

NOT SUPPORTED BY R1W MAP R/W TAKE 10 14 2 26 $700.00 $18,200.00

Temporary Construction Easement (TCE) Simple 7 8 2 17 $200.00 $3,400.00 Complicated 4 5 10 $475.00 $4,750.00 Stand Alone 2 0 0 2 $700.00 $1.400.00

DRAINAGE EASEMENT (DE) 2 5 8 $700.00 $5,600.00 TOTAL FEE REQUIRED 185 $82,800.00

.

EXISTING CONTRACT FEES AVAILABLE Parcel Sketches and Legal Descriptions (supported by R/W map) 102 $375.00 $38,250.00 Parcel Sketches and Legal Descriptions (not supported by R/W map) 5.5 $600.00 $3,300.00 TOTAL EXISTING CONTRACT FEES AVAILABLE $41,550.00

ADDITIONAL FEES REQUIRED FOR SA 4 I $41,25o.ooi

DEFINITIONS Simple TCE = consistant offset to RIW Take or DE {shown by dimension on same sketch as RJW take or DE) Complicated TCE = inconsistant offset to R1W Take or DE, requiring description Stand Alone TCE =where TCE required with no RIW take or DE, which will require its own sketch

There is currently available $38.250.00 for parcel sketches and legal descriptions that were based

upon a supported right-of-way model, and an additional $3,300.00 for parcel sketches and legal

description for properties unsupported by the right-of-way model. The total of the effort computed

above is $82,800, less the available ($41,550.00), leaves a remaining value of$41.250. This is the

effort required for this work. When the fee utilized equals 75%, the ENGINEER will assess and

3

163

advise the COUNTY, if the balance of the work can be accomplished with the balance of the fee.

If the work cannot be completed, the ENGINEER will notifY the COUNTY, io writing, and make a

request for a supplemental agreement.

Cl. Geotechnical Investigations

AS DIRECTED BY INDIAN RIVER COUNTY, THE COUNTY WILL PROVIDE THE ENGINEER

WITH THE BELOW DESCRIBED SERVICES AS STIPULATED TO COMPLETE THIS PORTION

OF WORK FOR THE HEREIN DESCRIBED PROJECT.

The ENGINEER has received the Soils Conditions Survey for the project. In and along the

corridor, the Geotechnical Consultant identified muck/organic deposits. Due to these existing

conditions, additional boriogs will be required for, and to delineate: muck/organic deposits; plastic

soils, and other deleterious subsurface, particularly in fill-conditions in existing ditches/canals. In

addition, additional geotechnical investigations are reqnired to detennine potential slope

instabilities io step cut areas, particularly adjacent to the Red Stick property.

D. Roadway Desii!UIPlans

13. The ENGINEER shall modifY the plans, as requested by the COUNTY, to provide_ a 4-lane

roadway to 2-lane roadway transition, at the project termini. This supplemental agreement

(Number 4) addresses the need to add back to the Hourly Rate Component, the $7,500.00

estimate, as approved in Supplemental Agreement No. 2. This was due to the funds beiog

utilized, as decided by the COUNTY, for evaluation of impacts on a realigrnnent of SR-51 0,

east of US-I, to avoid further and specific property impacts.

14. The ENGINEER shall rnodifir the plans, as requested by the COUNTY, to address

supplemental storm water design. The project storm water design and plans preparation was

advanced followiog the receipt of review comments from the COUNTY on the Pre-60%

Plans. The ENGINEER and the COUNTY agreed upon specific aspects of the work, such as

follows:

• The western project limits up to and including the Red Stick property. It was

approved that the location of Retention Pond 1, on the Gordon Property would be

developed, and stormwater run-off would also be collected east of 58th A venue and

would connect to the Red Stick existing pond system. Several alternatives were

presented and coordinated with the Red Stick owner. It is assumed that the Red

Stick property existing draioage system, and any permit modifications required for

the CR-510 project will be iocluded with this supplemental agreement (Number 4).

The ENGINEER has evaluated the existing Red Stick permit, and several scenarios

to route and convey the project drainage. There are currently six ( 6) draioage

4

164

basins on the property, with outfall across the southeast portion of the property,

and eventually under the FEC Railro1td, to a natural outfall system to the east. For

purposes of this proposal, the ENGINEER has assuined the least disruptive option

on the property, as for the golf course operation; however, the conveyance/routing

of the collected drainsge may require resizing the pipe/conduit system to comect

to the southeastern property drainage basins system.

o The ENGINEER evaluated multiple alternatives of storm water management on the

Graves Brother's property.

o The ENGINEER also completed the storm water management system to the east of

US-1, to the eastern project limit, excepting out the Kenoedy Property and

Retention Pond 5. The COUNTY has requested the ENGINEER to address storm

water management options for this property.

o The ENGINEER assumed the parameters, as set forth in the previous drainage

report, as prepared by LBFH for the FDOT PD&E Study, and as provided by the

COUNTY.

Additional effort is required by the ENGINEER to: 1) re-do the eastern portion of the project

storm water management system due to the realignment of SR-510; 2) to adjust the specific and

certain roadway profiles, due to ground water intrusion at a much higher elevation; and 3)

supplement the current roadway design funds, that were utilized in determining multiple storm

water management options.

Additional effort is also required by the ENGINEER to re-do the plans, profiles, and cross

sections, signalization plans at Bristol Bay access and signing and pavement marking plans for that

portion of roadway, SR-510, east of US-1, to the eastern project limit. The COUNTY has also

requested the ENGINEER to provide a right-tum deceleration lane into the Bristol Bay property,

for the potential frontage commercial portion of the property. The transition of the project travel

lanes through the intersection of US-1 will be accommodated in the centerline median. In

addition, the plateau geometry, intersections of all lane ridge lines, horizontally and vertically

(including super elevation transitions), will need to be addressed and adjusted accordingly to

mitigate this request. This area of the project was evaluated by the ENGINEER, and re-evaluated

for the right-tum deceleration lane and at the request of the COUNTY, to avoid the impacts to

specific properties.

5

165

M. Retention Pond Design

The retention pond design for 1he project was considered with Supplemental Agreement No. I.

This was an Hourly Rate Component for the project. At the time of the supplemental agreement, it

was assumed that the project may include up to five (5) drainage subareas, and possibly two (2)

areas where existing and/or proposed storm water management facilities could be utilized. The

designs on several of the facilities have been completed and need to be re-engineered due to

several factors: I) realignment of SR-51 0, east of US-I; 2) preparation of several alternative sites

at the Graves Brothers, Kennedy and Red Stick properties; 3) evaluation of the storm water

management system north of SR-510 and east of 58th Avenue, to provide alternatives to retention;

4) preparation of alternatives, on the Gordon property, to evaluate an additional retention facility

on the property, in lieu of proposing to pipe and fill the existing ditch in front of the Paladin

property for compensatory storm water storage; 5) preparation of alternatives on the Kennedy

property, which considered the size, and if additional storage could be sent to an already approved

permitted facility on the Bristol Bay development; 6) a revision to the Red Stick property permit

for accepting project drainage from CR-510 and 58th Avenue; 7) revisions to the approved CVS

site permit, based npon drainage routing modifications that will alter previous plans to include

retention facilities on the Graves Brothers property north of CR-5IO, and west of US-I; 8) an

overall project evaluation of ground water penetration, as the results of several hand augers have

provided information that differs from the prelinrinary drainage report, and is significantly

different in elevation; and 9) the appropriate level of calculations, as per the St. Johns Water

Management Control District, specifically, Chapter II of the handbook, to address a new

requirement for water quality on the removal of phosphorus from the project storm water

management system This effort/fee will be contained under the Lump Sum Components of the

Roadway Design, in '~Section V - Compensation.,,

N. Maintenance of Traffic (MOT) Plans

Maintenance of Traffic plans will be required, to address several unique conditions of the project

that were not originally anticipated. The original project, and up to Supplemental Agreement No.

I, addressed the intersection improvements ofCR-5IO/SR-5IO and US-I, with the addition of the

approaches. After submission of the revised 30% plans, which included the revisions, the project

alignment went through multiple reviews. At the time, the MOT plans were to be prepared in a

generic fashion, and only to include typical section details, MOT notes for construction and

abbreviated plan sheets details for construction phasing.

The reviews from the alignment required multiple reverse curves and the raising of the US-I

intersection by approximately 5-feet, which will require the preparation of more sophisticated

MOT plans, to address; 1) multiple stages; 2) evaluation of fill/embankment and temporary

6

166

structures; 3) temporary drainage measures; 4) minor, localized detours/temporary roadways, and

,5) temporary traffic signal controi for multiple phases of the US-I intersection, and to comply with

FEC Railroad crossing requirements. The plans will be prepared at a reduced scale, I inch equal

to 80 feet and be stacked two (2) roadway segments per plan sheet It is estimated that a total of

foirr (4) plan sheets will be prepared for "typical" MOT phasing/sequencing, bo111 for advance

warning signing and for traffic control features that will address CR-510/SR-510, in the "typical"

areas of widening on either side of the US-1/SR-5 intersection. The intersection, and due to the

complexity of the embankment and the need for a temporary detour and temporary traffic

signalization, will require I inch equals 40 foot scale plans. This effort is estimated to include 16

plan sheets, and four (4) sheets for the temporary traffic signal plans. For the FEC Railroad

crossing, the ENGINEER estimates four (4) sheets, and four (4) additional sheets for

structural/embankment details, drainage requirements, signing and pavement markings, and

business Way Finding signs, The total estimated MOT plans set is equal to 32 sheets.

Thls effort/fee will be contained under the Lump Sum Components of the specific line item for

MOT Plans, in "Section V- Compensation."

0. Environmental Assessment/Regulatory Permitting Wetland Delineation

AS DIRECTED BY INDIAN RIVER COUNTY, THE COUNTY WILL PROVIDE THE ENGINEER

WITH THE BELOW DESCRIBED SERVICES AS STIPULATED TO COMPLETE THIS PORTION

OF WORK FOR THE HEREIN DESCRIBED PROJECT.

I. Assessment/Regulatory Permitting

Wetland information is required to support the Project Development and Environmental study

previously prepared. The COUNTY will be required to conduct a wetland delineation of the

systems associated within the project limits and of the proposed retention pond sites. This effort

will include:

• Collection of existing or secondary data;

• A field review of established wetland boundaries, in accordance with the criteria set forth

in the Federal Manual for IdentifYing and Delineating Jurisdictional Wetlands;

• Preparation of a narrative, inclusive of the methodology, and graphlcal exhibits, denoting

the wetland sites and boundaries;

• And agency coordination and permitting to include Indian River County Planning

Division, St. J obns River Water Management District; and the US Army Corps of

Engineers.

7

167

It is assumed that endangered and threatened species surveys are not required for the project;

however, the COUNTY (Engineering staff) will coordinate with the Indian River County

Environmental office to obtain existing information on endangered and threatened species surveys.

This existing information will be included in the project environmental assessment report, to be

completed by the COUNTY.

2. Mitigation

Should the result of the above work effort require mitigation, the COUNTY will ouly advance that

work, should it be necessary. The mitigation effort may include: the need to perform a functional

analysis of the impacts, using the Uniform Mitigation Assessment Methodology, and the

preparation of specific data sheets for the US Army Corps of Engineers for each determined

wetland area of impact; the preparation of an Environmental Resource Permit Application; and

meeting with the US Army Corps of Engineers to resolve comments associated with the permit

application; and special attention and consideration will be given to avoid potential i.tnpacts to

wood stork core foraging areas.

P. Project Coordination! Administration

During the course of the project, the ENGINEER is required to coordinate with the COUNTY.

This coordination is in the form of correspondence, including electronic mail, telephone

conferences, meetings, documentation of meetings and responding to requests, on behalf of the

COUNTY. In the original and supplemental agreements to date, this particular effmt was not

separated by any tasks. However, this Supplemental Agreement No. 4 will address this effort to be

included with the Roadway Design item

This request is required due to several significant factors contributing to project delays that have

been no fault of the ENGINEER, or the COUNTY. The delays arose: from outside sources that

needed to supply plans; right-of-way information; and individual coordination with multiple

property owners. The coordination with property owners included correspondence, evaluating

requests from property owners' Engineers, meeting with property owners and providing specific

information to assist in the evaluation of project impacts.

In addition, the ENGINEER attended a meeting with FDOT to address the CR-510 and US-I

intersection. Also, additional information was gathered and collected to assist the COUNTY and

their Consultant in preparation of completing the Project Development and Environmental

document.

8

168

"SECTION IV- TIME FOR COMPLETION" is being modified to incorporate the following:

The time for completion of 90% design drawings and permit applications associated with the scope of

services detailed in this amendment (Number 4) will be four ( 4) months from the formal execution of this

amendment (Number 4). The adherence to this schedule is directly associated with, and impacted by

several individual property owners where drainage facilities are anticipated to be located. Should these

herein current project conditions be altered, the assumed time frame to complete the 90% plans will be

effected.

9

169

"SECTION V- COMPENSATION" is being modified to incorporate the following:

The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this

Agreement fees in accordance with the following:

A. Professional Services Fee

1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is

as follows:

Task Fee Fee

Lump Sum Components Amendment4 Total Contract

Design Survey $ 8,170.00 $ 11?,094.00

Roadway Design $ 140,000.00 $ 386,767.00

Signing and Pavement Marking Design $ 3,500.00 $ 57,724.00

Traffic Signal Design $ 3,000.00 $ 40,825.00

Permitting $ 0.00 $ 38,014.00

Utility Coordination $ 0.00 $ 15,638.00

Landscape Plans $ 0.00 $ 27,850.00

Lighting Design $ 0.00 $ 17,200.00

Geoteclmical Investigation $ 0.00 $ 51,110.00

Right-of-Way Maps $ 0.00 $ 84,650.00

Utility Design (reuse/stub-outs) $ 0.00 $ 65,500.00

MOT Plans $ 53,497.00 $ 53,497.00 •

Sub-total $ 208,167.00 $ 956,869.00

10

170

Task Fee Fee

Hourly Rate Components Amendment4 Total Contract

4 lane/2 lane Roadway Transition $ 7,500.00 $ 15,000.00

Geotechnical Investigation $ 0.00 $ 22,760.00

Retention Pond Design $ 0.00 $ 52,542.00

Phosphorus Mitigation $ 1,020.00 $ 1,020.00

LaiJ.dscape Details/Maintenance $ 0.00 $ 6,000.00

Utility Location Survey $ 0.00 $ 12,000.00

Utility Soft-dig Location Survey $ 0.00 $ 37,350.00 (drainage design) (83 @ $450)

Utility Soft-dig Location Survey $ 0.00 $ 34,650.00(!)

(reuse/stub-outs) (77@ $450)

MOT for Utility Soft-dig $ 0.00 $ 16,000.00 (8 set-ups @ $2,000)

MOT for Utility Soft-dig $ 0.00 $ 12,000.00°) (6 set-ups@ $2,000 ea)

Special Signal Pole Design $ 0.00 $ 16,000.00

Parcel Sketches & Legal Descriptions $ 41,250.00 $ 79,500.00

Parcel Sketches & Legal Descriptions @ $600 $ 0.00 $ 6,600.00 (original est. at 11 parcels)

Parcel Staking (10@ $600.00) $ 2,640.00 $ 8,640.00

Cure Plans $ 0.00 $ 32,000.00

Pond/Property Site Surveys $ 0.00 $ 27,000.00

Re-profiliug Roadway due to Groundwater $ 6,270.00 $ 6,270.00

ConstiUction Phase Assistance $ 0.00 $ 20,000.00

Sub-total $ 58,680.00 $ 405,332.00

Grand Totals $1,362,201.00

(!) This fee is provided for separately, as funding source is the responsibility of the COUNTY Utility Department. When submitting invoices, this work effort will be indicated separately.

11

171

SECTION XVII- AMENDMENT

All terms and conditions of the Agreement not amended herein remain in full force and effect.

IN WITNESS WHEREOF the parties hereto have executed these presents this ____ day of ___ _

________ ,2008.

McMAHON ASSOCIATES, INC. 7741 N. Military Trail, Suite 5 PALM BEACH GARDENS, FLORIDA 33410


By.~~~~~~---------Sandra L. Bowden, Chalnnan Board of County Commissioners

Jeffrey K. Barton, Clerk of Circuit Court

By. __ -=--~~-----------Deputy Clerk

F:\Public Works\Capital Projects\CR 510\CR 510 & US-l_IRC-0514\M~~hon\Ccntracts & Agenda

Items\SA#4_Rev0/070B.doc

12

172

TO:

THROUGH:

FROM:

SUBJECT:

Date:

INDIAN RIVER COUNTY, FLORIDA :MEMORANDUM

Joseph A. Baird, County Administrator

Christopher R. Mora, P.E., Assistant Public Works Director CvvCbri-cr J. K-, k, P.E., Co~'Y Eogio~ CR 512, Phase IV, lRC Project No. 9611B Bid Number 2008012 Change Order No. 1

August 5, 2008 CONSENT AGENDA


On January 9, 2008, the Indian River County Board of County Commissioners award Bid No. 2008012 to H & J Contracting, Inc. in the amount of$8,584,040.58, a roadway project consisting of the widening of~proximately two miles of County Road 512 to a four-lane divided highway between 108 Avenue and 1800 feet west of County Road 510.

Additional work has been requested by staff for clearing and tree removal within the right of way on 108th Avenue from 94th Street to the entrance of the McDonald's, 1061

h Avenue from 94th Street to CR512 and on 94th Street from 108th Avenue to 106th Avenue, as well as grading, swales cut for drainage, compaction and sodding of the area. The purpose of this work is to provide access to streets south of 94th Street, since 106th Court and 107th Avenue from CR512 to 94th Street were abandoned during right of way acquisition negotiations with the property owner (Ro-Ed Corp.) Also, H & J Contracting, Inc. has also been requested to upgrade the inlet grates to H-20 loading for safety precautions. These proposed changes will increase the contract price by $95,136.38 to a new contract price of $8,679,176.96.

·The contract time will not change for these modifications


Staff recommends approval of Change Order #1 increasing the contract amount by $95,136.38 and being funded by account number 31521441-066510-06008. The new contract amount will now be $8,679,176.96.

F:\Engineering\Capital Projects\9611-CR 512 Widening\9611 CR 512 PHASE IV\AGENDAS\BCC Agenda-Change Order#! 08-05-08 A. doc

173

Page Two BCC Agenda Item for August 12, 2008 Christopher J. Kafer, Jr., P.E., County Engineer

ATTACHMENT

1. Change Order # 1 2. Exhibit A Description of Itemized Bid Change Schedules dated 3/17/08 3. Exhibit B Description of Itemized Bid Change Schedules dated 6/26/08

DISTRIBUTION

1. James W. Davis, P.E., Public Works Director 2. Michael D. Nixon, P.E., Design Professional Engineer 3. Jerry Davis, Manager, Purchasing Division 4. Deward Howard, Jr., Construction Coordination Manager 5. Donald Keith, Senior Engineering Inspector


FOR August 12, 2008

Indian River Coun

Administration

Budget

Legal

Risk Mana ement

Public Works

Engineering

Approved Date

F:\Engineering\Capital Projects\9611-CR 512 Widening\9611 CR 512 PHASE IV\AGENDAS\BCC Agenda-Change Order#l 08-05-08 A. doc

174

SECTION 00942 - Change Order Form No.1

DATE OF ISSUANCE: __ _ EFFECTIVE DATE: __ _

OWNER: Indian River County CONTRACTOR H & J Contracting. Inc. Contract:9611 B Project: CR512. PHASE IV OWNER's Contract No. ENGINEER's Contract No. N/A ENGINEER INDIAN RIVER COUNTY ENGINEERING DIVISION

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

See Exhibits A and B.

Attachments: Description of Itemized Bid Schedule Changes. Exhibit A- Upgrade Inlet Grates Exhibit B -Work on 1 081

" Ave from 941" St to the entrance of the McDonald's,

1061" Ave from 94'" Ave to CR512 and 941

" St from 108'" Ave to 106'" Ave, which includes clearing, tree removal, grading, drainage, etc.

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES

Description Amount Description Time Original Contract Price $8,584,040.58 Original Contract Time: (days or dates)

Substantial Completion: 360 Feb. 1 0 2009 Final Completion: 390 Mar 12 2009

Net Increase (Decrease) from previous Net change from previous Change Orders : Change Orders No. :to - (days)

Substantial Completion: _Q Final Completion: 0

Contract Price prior to this Change $8,584,040.58 Contract Time prior to this Order: Change Order: (days or dates)

Substantial Completion: 360 Feb 10, 2009 Final Completion: 390 Mar 12 2009

Net increase (decrease) of this Change $95,136.38 Net increase (decrease) this Order: Change Order: (days or dates)

Substantial Completion: _Q Final Completion: 0

Contract Price with all approved Change $8,679,176.96 Contract Time with all approved Orders: Change Orders: (days or dates)

Substantial Completion: Februa[Y 10, 2009 Final Completion: March 12 2009

ACCEPTED: RECOMMENDED: APPROVED:

By: By: By:

CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature)

Date: Date: Date:

Change Order Form #1 08-05-08 00942- 1

F:\Engineering\Capita! Projects\9611-CR 512 Widening\9611 CR 512 PHASE JV\Change Orders\Change Order Form #1 08-05-0S.doc 175

H & J Contracting. Inc. 3160 Fairlane Farms Road Wellington, FL 33414 USA

EXHIBIT A Phone: 561·791-1953 Fax: 561-795-9282

To: Indian River county, Engineering Division Contact: Christopher J. Kafer, Jr., P.E.

Address: 1801 27th Street, Bldg A Phone: 772-567-8000

Vera Beach, FL 32960 Fax: 772-778-9391

Project Name: Proposal To Upgrade Type C & D Inlet Grates To H-20 Loading Bid Number:

Project Location: CR512 Phase 4, Indian River County Bid Date: 03/17/2008

J Line# Item# Item Description Estimated Quantity Unit Unit Price Total Price I 00010 Upgrade Type C Inlet Grates To H-20 Loading 1.00 EACH $100.92 $100.92 00020 Upgrade Type D Inlet Grates To H-20 Loading 13.00 EACH $197.67 $2,569.71 00030 Upgrade Type D Modified Inlet Grates To H-20 2.00 EACH $197.67 $395.34

Loading 00040 15% Overhead & Mark-up (per Gene'ral 1.00 LS $459.90 $459.90

Conditions, Article 12)

Total Price for above Items: $3,525.87 Total Bid Price: $3,525.87

Notes: • The above unit prices represent the additional material costs, induding sales tax, to upgrade the inlets grates to H-20 loading as requested on the approved shop drawings.

ACCEPTED: CONFIRMED:

The above prices, spedfications and conditions are satisfactory and are hereby accepted.

H &. J Contracting. Inc.

Buyer:

Signature: Authorized Signature:

Date of Acceptance: Estimator: -

"03/18/2008 2:49:57 PM Page 1 of 1

176

H & J Contracting. Inc .. 3160 Fairlane Farms Road Wellington, FL 33414

Phone: 561-791-19S3 Fax: 561-795-9282

USA

To:

Address:

H&J Wellington

Contact: Patrick

Phone:

Fax:

Project Name: CR512 PC0#2 -108th,106th & 94th RW Work Bid Number: PC0#2

Project Location: · Indian River County Bid Date: 06/26/2008

I Line# Item#

00011 00013 00012 00020 00030 00040

00060 00070

Notes:

ACCEPTED:

Item Description Estimated Quantity Unit

Survey 1.00 LS NPDES 1.00 LS Silt Fence Installaton 4,500.00 LF dearing & Grubbing 2.65 ACRE Cut And Balance 12,525.00 · SY Compacted Subgrade: Subgrade To Be 7,169.00 SY Balanced @ Existing Ground Elevation. Fine Grade Swale Area 48,240.00 SF Sod Swale Area (Bahia} 48,240.00 SF

Unit Price

$7,820.00 $3,680.00

$1.65 $7,116.59

$1.15 $2.00

$0.30 $0.22

Total Price I $7,820.00 $3,680.00 $7,42S.OO

$18,858.96 $14,403.75 $14,338.00

$14,472.00 $10,612.80

Total Price for above Items: $91,610.51· Total .Bid Price: -----:::$9:;:1:",-:6"'1;::0.-::5::-1

• This proposal is based 0~ a submitted by ChristOpher J. Kafer, Jr, P.E. dated 5/5/08

• Prices quoted· do not Include excavation or dispOsal of hardpan, rock, muck or other undesirable materials or baCkfill replacement for sam~ with suitable fill material. If required, said work may be performed on an equipment rental basis .

• Price does not include removal of any non-organic material. Anything not considered a part of normal clearing shall be done on a time and material basis.

• Price does not include maintenance of traffic .

• Any trees requested by Customer to,remain after initial clearing operation wi11 become the responsibility of Customer to Protect,- trim and relocate Or remove (if required).

• Contractor not responsible for existing utilities not shown on plans.

• Cleaning or repairing of existing draina~e system to be tied Into with new construction is not included.

• Protecting1 supporting or relocating any utility poles is not includ.ed.

• H & J will not be responsible for any pre-existing environmental or hazardous conditions existing on site.

• The prices quo~ed herein will not include mobilization if this work is done concurrently With CR512 PhaseiV dearing.

• Due to volitile market, p~ices herein ·are subject to change caused by increases in materials, fuel, and tucking, costs.

• Proposal does not include importing any fill to balance subgrade. ·

CONFIRMED:

The above prices, specifications and conditions are satisfactory and H & l Contracting. Inc. are hereby accepted.

Buyer:

Signature: Authorized Signature:

Date of Acceptance:. - Estimator: Stanley Bateman, Sr. Estimator

08/04/2008 4:06:36 PM Page 1 of 1

177

CONSENT: 8/12/08 51 V

Cj}UEif 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

FROM: t.v'-l-William G. Collins II- County Attorney

DATE: July 21, 2008

SUBJECT: Resolution Cancelling Taxes on Property Acquired by the City of . Fellsmere for Alternate Ac_cess to Fellsmere Trailhead Preserve

A Resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on property acquired by the City of Fellsmere from Fellsmere Development Corporation, Inc., a/kla Fellsmere Development Corp., for alternate access to Fellsmere Trailhead Preserve which property is fully described in that Warranty Deed recorded in Official Record Book 2272, Page 1061, Public Records of Indian River County, Florida.

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled.

/nhm Attachments: Resolution

Map depicting alternate access

cc: Charles W. Sembler- Tax Collector David Nolte - Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere

APPROVED FOR " "l-/ ~- {/t B.C.C MEETI~OjJSENT AGENDA

!)frt- QYJI-?y r ... ,.

COUNTY_ A HORNEY 1

F:\Attorney\Nancy\DOCS\MEMO\bcc canceling taxes fellsmere2.doc

1nd!1n Riv« Co.

Admin.

Legal

Budge\

De pl.

Risk Mgr.

M~rsv•d Oalo/

~ ?/7;0¥ 7/~.f/t>,f

-- -- -

178

from Fellsmere Development Corporation, Inc. a/ka Fellsmere Development Corp. to City of Fellsmere for alternate access to Fellsmere Trailhead Preserve 31-38-20-00000-5000-00002.3 (cut from 31-38-20-00000-1 000-00001.2)


A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES .

. WHEREAS, section 196.28, Florida Statutes, allows the Board of

County Commissioners of each County to cancel and discharge any and all liens

for taxes, delinquent or current, held or owned by the county or the state, upon

lands heretofore or hereafter conveyed to or acquired by any agency,

governmental subdivision, or municipality of the state, or the United States, for

road purposes, defense purposes, recreation, reforestation, or other public use;

and

WHEREAS, such cancellation must be by resolution of the Board of

County Commissioners, duly adopted and entered upon its minutes properly

describing such lands and setting forth the public use to which the same are or

will be devoted; and

WHEREAS, upon receipt of a certified copy of such resolution, proper

officials of the county and of the state are authorized, empowered, and directed

to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of section 196.28, F.S.;

179


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

. COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

Any and all liens for taxes delinquent or current against the following

described lands, which were purchased from Fellsmere Development

Corporation, Inc., a/kla Fellsmere Development Corp. by the City of Fellsmere for

alternate access to Fellsmere Trailhead Preserve are hereby cancelled pursuant

to the authority of section 196.28, F.S.

See attached Warranty Deed describing lands, recorded in O.R. Book 2272 at Page 1061, Public Records of Indian River County, Florida.

The resolution was moved for adoption by Commissioner , and

the motion was seconded by Commissioner ____ , and, upon being put to a

vote, the vote was as follows:

Chairman Sandra L. Bowden

Vice Chairman Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Peter D. O'Bryan

Commissioner Gary C. Wheeler

2

F:\Attomey\Nancy\DOCS\RES\Reso can taxes on fellsmere prop 2008.doc

180

RESOLUTION NO. 2008· __

The Chairman thereupon declared the resolution duly passed and adopted

this __ day of August, 2008.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

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

ATTEST: Jeffrey K. Barton, Clerk

By: __ --=-~---:::-:---:----,-Deputy Clerk

TAX CERTIFICATES OUTSTANDING

·CURRENT PRORATED TAX RECEIVED AND DEPOSm:U WITH TAX COLLECTOR .

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY U.J!! ~ l WILLIAM G. COLLNS II . COUNTY ATTORNEY

I I CE;J. yes no

3

F:\Attorney\Nancy\DOCS\RES\Reso can ~xes on fellsmere prop 2008.doc 181

1929360 RECORDED RIVER CO FL, BK:

IN THE RECORDS OF JEFFREY K 2272 PG: l061, 06/16/2008

BARTON, CLERK CIRCUIT COURT INDIAN 12:41 PM DOC STAMPS D $420.00

This Document Prepared By and Return to: GARY B. SACK, ESQ. RE~ DURHAM & SACK, PA 2101 E. WAVERLY PLACE, SUITE 200E MELBOURNE I FL 32901 321. 768.2001

Pan:el ID Number: 31-38-20-0-1000-l/2

Warranty Deed This Indenture, Made this 13th day of June , 2008 A.D., Between FELLSMERE DEVELOPMENT CORPORATION, INC . , a/k/ a FELLSMERE DEVELOPMENT CORP., a corporation existing under the laws of the State of Florida

of the County of Brevard , State of Florida , grantor, and

CITY OF FELLSMERE, a municipal Corporation existing· under the laws of the State of Florida

whose·address is: 21 S. cypress Street, Fellsmere, FL 32948

of the County of Ind.ian River State of ~lorida , gra1_1tee.

Witnesseth that the GRANTOR, for and in considcmtion of the sum of

------------------------TEN DO#LARS ($10)----------------------- DOL~~. and other good and valuable consideration to GRANTOR in hand paid by GRA~TEE, the receipt whereof is hereby acknowledged, has

granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,

lying and being in the County of Indian River State of Florida to wit:

REAL PROPERTY DESCRIBED IN EXHIBIT "An ANNEXED HERETO AND MADE A PART HEREOF.

SUBJECT TO EASEMENTS, RESTRicnONS, RESERVATIONS AND COVENANTS OF RECORD; TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS; AND APPUCABLE ZONING RULES AND REGULATIONS.

and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.

In Witness Whereof, the grantor has hereunto set its hand and seal the day and yeu first above written. Signed, sealed and delivered in our presence: FELLSMERE DEVELOPMENT

. k/ a FELLSMERE


(Corporate Seal)

The foregoing instrument was acknowledged before me this 13th d~y of June 1

2008 CharlesbJ. Hoyman, Jr., Treasurer/Director of FELLSMERE DEVELOPMENT CORPORATION, INC., a/k/a FELLSMERE DEVELOPMENT CORP., a Florida Corporation, on behalf of the corporatiom: / heJspersonallykno'Mltom;.~;.~~.~~.~~~~.~~.~.~:! •• ~~::!=.~.~ driver's se s1d ~~· ''J'.'o~·/£,_

i ALICE C. VALliERE i , '(£UtL-v I i ~-:.~~~~ Co!nml DD0387li80 ~ -;:c:::;-l;';!:::;::~::::Ji:-'•c__!__:_~=-~.::_.;_ ____ _

i d:'~ ~ , E~:~~:::;:..o~2s.~i Printed N : ·> • ."·!'.~.i Notary Public

My Commission Expires; 07-4261A

l..uer Gtrw:mcd by 0 Display S~stern~ IOIC.. 200) (~~Col) 16l-SSS5 Foron FL\VD. I

by

182

BK: 2272 PG: 1062

QESPB!PDrni'fELLSMERE OE\'ElOPt.IENT CORP (1.1!105 ACRES +/-)

PARCEL 81: A PARCEL OF LAND L'r1NQ lN. SECTION 20, TOVMSHlP'31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, ·FlORIDA, SA!O PARCEL L'r1NG NORTH OF AND AOJAt:ENT TO NORTH RIGHT OF WAY Of COUNTY ROAD 512 IN ·THE NORTHWEST QUADRANT OF THE INlERSECTION' Of INTERSTA'Tt HIGHWAY 95 AND COUNTY ROAD 512.. SEING MORE PARTICULARLY GESCRIBEO iiS' FOLLOWS: FROM THE INltRSECTION OF THE WEST RIGHT .oF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF' WAY Of THE TRANS FlORIDA' CENTRAL RAILROAD, RUN SOUlHERLY ALONG 1liE UMITED ACCESS RIGHT Of' WAY OF IN'TERSTATE HIGHWAY 95 AS FOLLOWS:. SOUTH 08'33'14-" WEST A DISTANCE OF 682,\J FEET; lHENCE ·SOUTH 10'4-7'15" WEST A DISTANCE OF 2:4-4.55 FEET; THENCE CONTINUE SOUlH 10'47'15" WEST A OISThNCE OF' 365.72 FEET; THENCE CONTINUE SQIJTHWES1ERLY AND WESTERLY ALONG SAID UMI'TC:O ACCESS RIGHT OF WAY, SOUlH 42'22'41" WEST A DISTANCE OF 201.07' FEET; THENCE NORTH 8915'23" YI'EST A DISTANCE. Of 474.42 FEEl; THENCE SOUTH 88'35'19" WEST A DISTANCE OF 100.07 FEET TO THE POINT or BEGINNING AT 1HE SOUTHEAST CORto/E:R OF THE HEREIN DESCRIBED PARC'i.:L; THENCE FROM THE 'POiNT OF BEGINNING, DEPART SAID UMI'!Ul ;t..CC£SS RIGHT OF WAY, NORTH 07'00'39" EAST A DISTANCE OF 517.25 FEET; THENCE NORTH 8915'23" Y6T A OISTANC'i.: OF 100.60 FEET; THENCE SOU1H 07"00'39" WEST A DISTANCE OF 521.07 FE£1' BACI< TO lliE AFORESAID UMITEO·ACCESS RIGHT OF WAY; THENCE ALONG SAID LIMITEO ACCESS RIGHT OF WAY, NORlH 88'35'19" EAST A DISTANCE: OF 101.09 FEET BACK TO lHE POINT OF BEGINNING.

THE ABO'YE DESCRIBED PARCEL CONTAINS 51,859 SQUARE FEET OR 1.1905 ACRES MORE OR LESS.

Rtv: MOO!FY PER ATTORNEY CO!.IMENiS DB-DB-011 R.A.H.

. = ~CII,~II!IJ.I. SIIHO-M7il :::::::::::: n:J C.OJ. fllllll'

LEGAL DESCRIPTION FELLSMERE PRESERVE

1.19· ACRE PARCEL

EXHISIT"A"

AI JOB NO. 06-4405

APRIL 29,. 2008

183

31-38-20-00000-1000-00001.2

\ \

FELLSMERE TRAILHEAD PRESERVE

I I J

li il i /. ' ,.

31-38-20-00000-5000-00002.3

Path: U:\Projects\Attorneys\2008_0723_Mossali

I J

City of Fellsmere

Parcels at the Intersection of Interstate 95 and County Road 512

0;...,;;'2<=5=25_0 ___ 50"=0==7:;5;;;0 __ , •. 000 _ Feet

I

f

e::.:-" ;LL= .. -~~~~-··-=

f

Map Date: 7/23/2008

184

CONSENT AGENDA: 8/12/08 J'w Cffia;if INDIAN RIVER COUNTY

ATTORNEY

William G. O,llins II, O>unty Attorney William K. DeBraal, Deputy O>unty Attorney Marian E. Fell, Senior Assistant O>unty Attorney George A Glenn, Assistant O>unty Attorney

MEMORANDUM

TO: The Board of County Commissioners

FROM: 0 W William G. Collins II -County Attorney

DATE: August 4, 200S

SUBJECT: Scrivener's Error in Resolution No. 90-160

On October 23, 1990., after a properly advertised public hearin~, the Board approved Resolution No. 90-160 to close, abandon and vacate SS1 Court south of 22"d Street.

It has just recently come to the attention of the County Attorney's Office that there is a scrivener's error in the title of Resolution No. 90-160, thus causing some problems with title chains. The title of Resolution No. 90-160 recites "22"0

Avenue" rather than 22"d Street.

Prepared for your consideration is a resolution to correct the scrivener's error.

RECOMMENDATION:

Pass the attached resolution and authorize the Chairman of the Board to execute same, with the original resolution to be properly indexed and recorded in the Public Records of Indian River County.

nhm Attachment

a COUNTY ATTQRN~Yj

. -- -Indian R\v-er Co.

Admin.

Legal

Budge\

De pl.

Risk Mgr.

7/~d Dale, .i' "71§ 1

4f.'C ;y; V(.P.P -~IIAV ~;ao: ~

,___,

185

STEWART & E_vANS, P.A. Attorneys and Counselors at Law

P.O. Box 643345, Vero Beach,Florida 32964 Rebecca F. Emmons

Ralph L. Evans

Jennifer D. Peshke

John Mitchell Stewart

William J. Stewart

July 14, 2008 www .stewartevans.com

William G. Collins, Esq. Office of County Attorney 1840 25th Street Vera Beach, FL 32960

RE: Resolution No. 90-160

Dear Will:

File No. 9622

RECEIVED JUL 1 6 2008•

COUNTY ATTORNEY'S OFFICE ·

In preparing a mortgage recently, I ran across Resolution No. 90-160. As you will see, the title references the vacation of 88th Court south of 22nd Avenue, whereas the text

. reflects the vacation of 88th Court south of 22nd Street. Actually, the reference to 22nd Street is correct, and as you will see from the attachments, it was advertised correctly.

Unfortunately, some of the title chains have picked up the reference to Avenue as opposed to Street. It may be that the county can file a corrective document indicating that the title was in error, and in-fact what was vacated was 88'h Court south of 22nd Street.

Thank you for your consideration in this matter.

WJS:jal Enclosures

CC: Robert Morey Donna Ballard

w .. firm·\r.l.ients\.llallard. donna j'\morey- letter to colliJJs :re resolution 90-160.doc

Sincerely yours,

William J. Stewart

Telo (772) 231·3500 • Fax: (772) 231-9876 - Toll Free: (866) 231-3500

186

·, , .,. - {" • • RECORDVERI

JEFFREY K. BA CLERK CIRCUIT C

RESOLUTION NO. 90-____1ij)_ INDIAN7/(/IV .. FLA

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND VAGA'l'ION OF -88lllH COURT SOUTH OF 2!2ND I 0"\ AVENUE, SAID LAND LYING IN INDIAN RIVER COUNTY, FLO~IDA • -.J

·en WHEREAS, on July 30, 1990 the county received a duly .uted \.0

and documented petition from susan Gierock of 9965 22n reet, N Vera Beach, Florida, requesting the County to close vacate, 0"1 abandon, and disclaim any right, title and interest of ·he County and the public in and to 88t>h court South of 22n~-tree.t, said lands lying in Indian River County, Florida.

WHEREAS, in accordance with Florida Statutes 3 .10, notice of a public hearing to consider said petition as been duly published; and

WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-ofway is not a state of federal highway, nor located within any municipality, no is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. I=

NOW, THEREFORE, BE IT RESOLVED Y THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ORIDA that;

1. All right, title and interest oft e County and the public in . and to that certain right-of-w~y zg known more particularly

described as:

All of that part of 118th Avenu w known as 88th court, lying South of 22nd Street, between LO Block R and Lot 4 Block W, and the South line of Paradise nit 2, recorded in Plat Book 3 Page 77 of the Public Indian River County, Florida.

Lying in Indian River Coun·t~~~c>ri.da.

2. Notice of the a~>pt:io·n of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and

3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues 336.10 in the Official Record Books of Indian River County without undue delay.

resolution was offered by Commissioner "'e<;'O~~i/li~50iiiiiiiiiiiTon;";ho moved its adoption. the motion was s =~Bo!!-w~m~a!l!n~.,..,=-:------' and upon being put to a vote was as follows 1

~~~rman Carolyn K. Eggert Aye ~i Chairman Richard N. Bird Absent

;ftC, issioner Don c. Scurlock, Jr. Aye E ebmmissioner Margaret c. Bowman Aye 1\,Jl:ommissioner Gary c. Wheeler Aye

""'\ l

't.~.!l The Chairman thereupon declared the resolution duly passed and ~pted this 23 day of October . , 1990.

' /1 OOCUMfNTARY STAMPS t• ~.S /! # t£~~YR~E\'['~~~LERK if

I It 187

~ . . ... • •. 'lo -Ito

I HEREBY CERTIFY that on this day, before me, Eicer duly authorized in this State and County to take ackn ledgements, personally appeared CAROLYN K. EGGERT and JEFFREY , BARTON, as Chairman of the Board of county Commissioner and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand ang Official aforesaid this -f'CI~q day of

APPROVED AS TO PLANNING MATTERS

\u\c\j\88

t IJ

the County and state last A.D., 1!190.

r

(..) CJ)

0

188

..•

. ...--- • VERO BEACH PRESS-JOURNAL

Published Dafly

Vero Beach, Indian River CoUnty. Florida

COUNTY OF INDIAN RIVER: STATE OF FLORIDA

Belore the undersignet~ authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press-Journal, a daily newspaper published at Vero BP.aCh in lnlllan River Coumy, 'Florida; ttcal,theatlached copy af cu;lvertlsel!lenl, being

a 7kk4 ----------in !he maltcr or_.of.'-''R._~.ftao>L.<&_..,.,«.,'hi,;L""------

------------ in the . -------------------- Court, was pub-

Alfianllurther says that the said Ve;o Beach Press-Journal is a newspaper pub Vero Beach, in said Indian River County, Florida, and that the said newspaper has h been continuously pcblished in said Indian River County, Florida, each daily and n entered as second class mail matler at the post Office In Vero Beach. in said Indian iverCoun· ty. Florida, for a period of one year next preceding the lirst publication of the81U n copy of adverlisement; and affiant ft.~rther says that he has neither paid nor promised p on, firm or· corpora lion any discounl, rebate. commission or refund lor the purpose s uring this

·] adverllsementtor publicalion in the said newspaper.

swQrtflo··;;crsui;I-Sartbed betore me !his __ A _ c1

. : ,., . : .... i-:_.tL~~~ - ~---r~ "lr" ,•' •1'"----,:;,,..,:;-;.,.,':'i:,-L"f!-:!-":;",-,'-:f">!l!jl""i""":-"=i:"i:~=--. ~- -~·-··

(SEAL) ·-~ ~\-. ,.;.-J. •:'

}/· I

:'k:a•.t.T ~'\nO.~ .l.'f!·l;? .• , ....... : ..

..•. ,.• [

-

189

...

VERO BEACH PRESS-JOURNAL -- Published Dolly

. ;· .. ·

Yero Bear.h. Indian River County, Florida

COUNTY OF INDIAN RIVER: STATE OF FLORIDA

Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press-Journal, a dally newspa_per published at Vero Beach In Indian River County, Florida; that the au ached copy of advertisement, being

a~ .

___________ In the Court. waspub-

llshe~ in said newspaper in the Issues of~ .... ...,; /fo/'d

AUianl further says that the said Vero Beach Press-Journal is a nevospaper pub at Vero Beach, In said Indian River COunty, Florida, and thai the said newspaper has re been continuously published In said Indian River County, Florida, each dally a as een entered as second class mall matter at I he post ollice In Vero Beach,ln.sald lod.l 'ierc:Pun· ly, Florida, fora period of one year nex1 preceding !he first publication of the at hed copy of advertisement; and alllant further says lh.at h.e has neilher paid nor promised on, film or corporation any dlscounl, rebale, commission or refund for the purpase uring this adverlisementtor pub\lcallon in lhe said newspaper.

··~< •... 1.·· ...

. ... .;.: .. ..

• .. ··,;

·., .. ·: ,..,. '""•"' ... ~ .. I

190


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN THE TITLE OF RESOLUTION NO. 90-160, RECORDED IN O.R. BOOK 886, PAGES 1379-1382 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA TO ACCURATELY RECITE THE CLOSING, ABANDONMENT AND VACATION OF 88TH COURT SOUTH OF 22N° STREET (RATHER THAN SOUTH OF 22N° AVENUE).

WHEREAS, on October 23, 1990 a public hearing was held by the Board of County Com.missioners of Indian River County, Florida to consider a petition from Susan Gierock of 8865 22"d Street requesting the County to close, vacate, abandon, and disclaim any right, title and interest of the County and the public in and to 881

h Court south of 22"d Street; and

WHEREAS, proper notice of the public hearing was published in accordance with Florida Statutes; and

WHEREAS, at that public hearing the Board considered supporting documents, staff investigation and report, and testimony of all those interested and present; and

WHEREAS, the Board of County Commissioners by a vote .of 4-to-0 (with the Vice Chairman being absent) passed Resolution No. 90-160 to close, abandon and vacate 881

h Court south of 22"d Street; and

WHEREAS, notice of adoption of Resolution No. 90-160 was published once within thirty (30) days from the date of adoption and Resolution No. 90-160 was thereafter recorded in O.R. Book 886, Pages 1379-1382 of the Public Records of Indian River County; and

WHEREAS, it has recently come to the attention of the County that there is a scrivener's error in the title to Resolution No. 90-160, specifically it recited 22"d Avenue when in fact it should be 22"d Street;

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

191

1. The foregoing recitals are hereby ratified and acknowledged; and

2. The reference to "22"d Avenue" in the title of Resolution No. 90-160 is a scrivener's error and is hereby corrected to read "22"d Street".

3. This resolution is to be recorded in the Public Records of Indian River County, Florida.

The foregoing resolution was offered by Commissioner and seconded by Commissioner , and,

upon being put to a vote, the vote was as follows:

Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Joseph E. Flescher · Gary C. Wheeler Peter D. O'Bryan

--·

The Chairman thereupon declared the resolution duly passed and adopted this __ day of , 2008.


By:_--::---,------,----Deputy Clerk

APPROVED AS TO FORM AND LEGAI.SUFFIOIEIIICY

BY 4C &tttPk WILLIAM G. COLLINS II

COUNTY ATTORNEY


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

2

192

Office o/ Consent 08/12/08


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

MEMORANDUM


THROUGH:

FROM:

DATE:

William G. Collins II, County Attorney '· A) William K. DeBraal, Deputy County Attorney #}W~ July 23, 2008

SUBJECT: Dedication of submerged lands located in Porpoise Bay, Unit 3, Moorings Subdivision

Most submerged lands in the Indian River are publically owned. Occasionally, scattered parcels may be owned by private parties. Mr. William Caldwell obtained ownership of some submerged lands and has offered to dedicate it to the County at no cost. The submerged land lies near Unit 3 of the Moorings Subdivision and is depicted on the attached tax map. Mr. Caldwell acquired this property from an owner who acquired the land by a tax deed sale. Mr. Caldwell now wishes to dedicate the submerged lands to the County. Arguably, the submerged land is already owned by the public and by executing a Quit Claim Deed, any claim of private ownership will be extinguished. Attached for your consideration is a resolution accepting title to the submerged lands together with a Quit Claim Deed signed by Mr. Caldwell.

Recommendation: Staff recommends the Board approve the resolution and accept title to the submerged lands.

Please contact our office with any questions.

CC: William W. Caldwell, Esq. David Nolte, IRC Property Appraiser Eric Barkett, Esq., Attorney for Property Appraiser

Inman Riv-er Co. pay• Admin. 1/'d ?/774}? Legal fV(_ r,z:v.d',..r.J Budget -

. COUNTY ATTORNE'lj .. _, __ . Dept. - -Risk Mgr. - -1 Q) ...


A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF SUBMERGED LANDS IN THE MOORINGS SUBDIVISION, UNIT 3 ..

WHEREAS, William W. Caldwell, as Trustee, is the owner by Quit-Claim Deed of submerged land that abuts the subdivision known as "Moorings Unit Three" as described in Plat Book 8, Page 63, of the Public Records of Indian River County, Florida (the "Moorings Unit Three Plat") has proposed to deed to Indian River County the submerged land (the "Submerged Land") by Quit-Claim deed, subject to riparian rights and rights of upland owners as more particularly described in the proposed QuitClaim Deed attached as Exhibit A to this Resolution; and

WHEREAS, the Property Appraiser of Indian River County has identified the submerged land with a property identification number and has depicted same on the tax maps of Indian River County all as more particularly described in Exhibit B to this Resolution; and

WHEREAS, the dedication of the submerged land is more particularly set forth in the dedication of the Moorings Unit Three Plat, the text of said dedication being attached as Exhibit C to this Resolution; and

WHEREAS, a controversy existed as to the potential private rights of development of the Submerged Land which has now been resolved; and

WHEREAS, the County Commission deems it to be in the best interest of the County to accept the Quit-Claim Deed subject to the rights of upland owners as more particularly described in Exhibit A;

NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

1. The above recitals are incorporated herein.

2. The County Commission accepts title to the Submerged Land as proposed in the quit-claim deed which acceptance is without the obligation to maintain or otherwise preserve the Submerged Land.

1

194


This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon peing put to a vote, the vote was as follows:

Chairman Vice Chairman Commissioner Commissioner Commissioner

Sandra L. Bowden Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan Gary C. Wheeler

The Chairman thereupon declared the resolution duly passed and adopted this 12th day of August, 2008.


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

Approved as to form and legal

;lJJJlM William K. DeBraal Deputy County Attorney

2

INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners

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

195

Prepared by & Return to: William W. Caldwell, Esq. Collins, Brown, Caldwell, Barkett & Garavaglia, Chtd.

2125 Windward Way Vero Beach, FL 32963 (772) 231-6540 Parcel I.D. #33-40-21-00000-0030-00003/1

EXHIBIT li A II

QUITCLAIM DEED

THIS INDENTURE, made this __ day of , 2008, between, William W. Caldwell, individually and as Trustee, whose mailing address is 2125 Windward Way, Vero Beach, Florida 32963, Grantor; and Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, . .

Grantee.

WITNESSETH:

· That Grantor, for and in consideration of the sum ofTen Dollars ($1 0.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and quit-claimed to the Grantee, and Grantee's assigns forever, the real estate described in Exhibit A attached hereto, said land situate, lying and being in Indian River County, Florida.

SUBJECT TO the riparian rights of the abutting upland property owners and the rights of lot owners abutting the property said lots being more particularly described in the Plat of the Moorings Unit Three, Plat Book 8, Page 63, Public Records of Indian River County, Florida.

THE GRANTOR warrants to the Grantee that the above-described property is not the Grantor's homestead and that Grantor does not live adjacent or contiguous thereto.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, · equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever.

IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written.

Signed, sealed and delivered in our presence:

Name: ________________ __

Name: ________________ __

William W. Caldwell, Trustee 2125 Windward Way Vero Beach, FL 32963

196


The foregoing instrument was acknowledged before me this day of , 2008, by William W. Caldwell, Individually and as Trustee, who is personally known to me or has produced as identification.

Notary Public, State of Florida at Large. My Commission expires:

197

: Caldwell s/t County - submerged lands

Exhibit "A" to Deed

A parcel of submerged land in Porpoise Bay In Section 21, Township 33 South, Range 40 East, Indian River County, more particularly. described as follows:

From· the Northeast comer of Government Lot 3 of said Section 21, run South 0°08'20" East along the East boundary of said Government Lot a distance of 661.20 feet to a point which is 660.00 feet from the Southeast comer of said Government Lot; thence run West along the North line of the South 660.00 feet of said Government Lot a distance of 871.06 feet to a point where the mean or ordinary tiigh water line of Porpoise Bay which is part of the Indian RiVer Intersects the said line which said point Is the point of beginning; thence run South a distance of 160.00 feet; thence run East a distance of 470.16 feet; thence run South 77°17'40" East a distanc:e of 538.85 feet; thence run South 4°56'30" West a distance of 222.37 feet; thence run West parallel with the South line of said Government Lots 3 and 4 a distance of 648.5 feet; thence run South a distance of 160.00 feet to the intersection of the South line of said Government Lot 3 which said point is the ordinary or mean high water Hne of said Porpoise Bay; thence meander first In an Easterly direction and continuing in a Northerly direction and continuing in a Westerly direction along the ordinary or mean htgh water line of said Porpoise Bay to the Point of Beginning.

Less and except: A parcel of submerged land in Porpoise Bay in Section :1.1, Township 33 South, Range 40 East, Indian River County, Florida, being a portion of o. R. Book 66, page 1 and O.R. Book 564, page 1833; of the Public Records of Indian River County, Florida, more particularly described as follows: from the Northeast comer of Government. Lot 3 of said Section 21, run South 00"06'06" West along the East tine of said Government. Lot 3 a distance of 660.69 feet to a point which is 660.00 feet North of the Southeast comer of said Government. Lot 3; thence North 89°46'47" West along the North line of the South 660.00 feet of said Government. Lot 3 a distance of 790.88 feet, more or less, to a point on the

. mean high water line of Porpoise Bay which is part of the Indian-River, said point being the .point of beginning of the herein described parcel; thence continue North 89°46'47" West 80.18 feet to a point which is 8'71.06 feet from the East line of said Government. Lot 3 as described in said 0. R. Book 56, page 1; thence South 00"13'13" West 160.00 feet; thence South 89°46'47" East 470.16 feet; thence South 77"04'27" East 425.22 feet to a point, said point bears South 53°03'13" West and a distance of 202.05 feet from a point on the Southerly line of 0, R. Book 564, page 1831, of the Public Records of Indian River County, Florida, said point on said Southerly line Is also the centerline of an easement descnbed in O.R. Book 564, page 1834, of said Public Records; thence North 20°17'02" West 65.79 feet, more or less, to the mean high water line of Porpoise Bay; thence m!!ander said mean high water line of the following courses; South 6g•03'008" West 12.80 feet; thence North 75°55'41" West 40.52 feet; thence North 73"30'17" West 29.63 feet; thence North 76°27'41" West 30.72 feet; thence South 84°14'35"West 20.93 feet; thence South 88°15'37" West 24.78 feet; thence North 74"13'57" West 26.08 feet; thence North 70°21'49" West 23.81 feet; thence South 6°52'32" West 24.47 feet; thence North 74"29'01" West 27.10 feet; thence North 87°22'53" West 24.76 feet; thence North 75°12'20" West 35.20 feet; thence North 66°03'33" West 44.60 feet; thence North 79°12'24" West 41.15 feet; thence South 84°07'15" West 32.18 feet; thence South 72"43'23" West 21.92 feet; thence North 65"39'18" West 31.65 feet; thence North 73°04'21" West 29.53 feet; thence South 85°28'06" West 13.60 feet; thence South 84"15'19" West 36.60 feet; thence North 81 °04'34" West 36.56 feet; thence North 53"39'49" West 37.4f feet; thence North 69"13'29" West 62.29 feet; thence North 71°50'15" West 112.03 feet to the Point of Beginning.

Als~ less an~ except any portion of the above descnbed submerged land parcel as conveyed to i he Moon!lgs Club.r Inc .. by Quit. aaim Deed recorded in D~ R. Book 963r pqge 1600 and re-record~d m O.R. Book 970, page 389 and conveyed to Porpoise Bay Boat Qub, Itlc. as recorded tn O.R. Book 963, page 1686 and re-recorded In O.R. Book 970 page 38:7 ·all f the PubUc Records of Indian River county, Florida. ' '

0

198

PORPOISE BAY VILLAS PH II

246.92

21

20

Path: U:\Projects\Attorneys\2008_0729_Lea

CONDO

\ ~

~ ·~

.,.,

PORPOISE BAY VILLAS PH Ill "''"''"' "'\\ '" "' A,~!<>~ '

'g 11

.•

1\5 135

Parcel 33-40-21-00000-0030-00003.1.

~0 .. ~5~0~~10~0~ ...... 2~0~0~======'~o;o ...... ..;400 • Feet

10

1<5

\ \

\ \

\ \

. .Map . .Oate: 7129/2008

199

EXffiBITC

Subject to the riparian rights of the abutting upland property owners and the rights of lot owners abutting the property said lots being more particularly described in the Plat of thl) Moorings Unit Three, Plat Book 8, Page 63, public records oflndian River County, Florida.

200

Office if Consent 08 I 12 I 08


William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant 9>unty Attorney George A Glenn, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners ~ William K. DeBraal, Deputy County Attorney~ July 18, 2008

Resolution for Appointment of "At Large" Members to Advisory Committees

At the Board meeting of July 15, 2008, the Commissioners directed the County Attorney's Office to prepare a resolution setting forth the manner in which "at large" committee members were appointed to the various advisory committees. The attached resolution, creates the policy of appointing "at large" members.

Please contact our office with any questions.

APPROVED FOR'- <J-/g -()%. B.C.C MEEJ~-G-_,.,---:C!:O-Q!Il" s'-'~~.::::AG'-"E"-ND:"'A~

/f/ :;::...> ~ :c-y COUNTY ATTORNEY 1

lndltn Rlv« Co.

Admin.

Legal

Bud gel

Dept

Risk Mgr.

Mproved

b!L --

Dale.

V· ·7 ·()~ i '

7 ~).t-" rr .. - li - I~ -- ·~

201

RESOLUTION 2008-

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING FORTH THE POLICY FOR APPOINTING "AT LARGE" MEMBERS TO ADVISORY COMMITTEES.

WHEREAS, the Board of County Commissioners is empowered to create advisory committees to provide advice and information concerning various topics that affect County government; and

WHEREAS, the advisory committees are made up of hard working and diligent volunteers that are appointed to their positions by the Board or by the governing body of other municipalities; and

WHEREAS, many of the committees have "at large" committee members that are appointed by the Board; and

WHEREAS, it is the will of the Board to create written policy that should be followed when. a vacancy of an "at large" committee member occurs; and

WHEREAS, it is in the best interest of orderly government to have the policy reduced to writing,

NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

1. "At large" advisory committee members shall be appointed by the Board of County Commissioners unless the committee's founding resolution, ordinance or statute provides for another method of appointment.

2. In the event of a vacancy of an "at large" committee member, the vacancy shall be listed on the next available agenda for the Board of County Commissioners under the topic "Informational Items from Staff or Commissioners not requiring Board Action" of the agenda.

3. After the vacancy appears in the agenda and is read by the Chairman, the Board may appoint a candidate to fill the position no sooner than fourteen days following the reading of the vacancy.

4. In the event that more than one candidate is nominated for the vacancy, the Board shall fill the vacancy by a majority vote.

202

RESOLUTION 2008-_

5. The mandates of this resolution shall not be required if a super majority of the Board deems it necessary to immediately appoint a member to an advisory committee.

'

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:


The Chairman thereupon declared the resolution duly passed and adopted this_ day of , 2008.


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

Approved as to forn~r9

1/Jf:J{ J_JJvW William K. DeBraal Deputy County Attorney


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

203

Date: To:

From:

Prepared & Staffed by:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

July 25,2008 Joseph A. lf!r~, ~istrator

W. Erik Ols~irector of Utility Services

CONSENT AGENDA

Michael C. Hotchkiss, P.E., Capital Projects M~ager Jfl /J L.R. Brown, P.E., Environmental Engineer ;!f:!5

Release ofRetainage and Final Payment to S.P.S. Contracting, Inc. CR-510 Force Main Replacement-UCP-2871

BACKGROUND AND ANALYSIS:

The contract on County Bid Number 2007060 was awarded to S.P.S. Contracting, Inc., on July 24,2007 for $308,708.25. Change Order 1 was approved on December 4, 2007 for $49,069.00 bringing the total contract amount to $357,777.25. Payments to date amount to $339,888.39leaving a contract balance of $17,888.86.

Construction on this project was completed in June, and no remaining construction related items are outstanding. As-built drawings have been completed. The Engineer of Record recommends in Attachment 1 that all work is complete and final payment is recommended.

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve final payment for Bid 2007060. to S.P.S. Contracting, Inc. for a final pa)'ment of$17,888.86 and execute same as presented.

Attachments: 1. Engineer of Record Recommendation

Accounts for Funding: $17,888.86- Account No. 471-23536-044699-07504

F:\Utilities\UTTLITY- EMPLOYEE FOLDERS\Larry Brown \Agenda CR-51 0 FM Replacement-Final Payment SPS.doc

204

APPROVED FOR AGENDA:

~"~ County Administrator

FOR f-/Jl-of? Date

Indian River Co.

Approv ed

F:\Utilities\UTTLITY- EMPWYEE FOLDERS\Larry Brown\Agenda CR-51 0 FM Replacement-Final Payment SPS.doc

205

ATTACHMENT J

SECTION 00622 -Contractor's Application for Final Payment

c.o 0 C'J

Application for Payment No. 6 FINAL. For Work Accomplishe'lc:! throuqh tl:lE'l_period of3/1/08 thiouqh 5/31/08

To: Indian River County Dept. of Utility Services (OWNER) From: SPS Contracting, Inc. (CONTRACTOR) Contract: UCP #2871/SPS # 725 Project: CR 510 -A1A Force Main ReplacemeFJt OWNER's Contract No. UCP#2871/WIP#47123536-044699-07504/BID#2007060 ENGINEER Masteller & Moler, Inc.

(1)--Attach detailed sohedule.alld'()~ptes of all'p~r&! ihM&fee§,

1. Original Contract Price: po8,708.25 2. Net change by Change Orders and Written Amendments(+ or-): ~49,069.00 3. Current Contract Price (1 plus 2): ~357, 777.25 4. Total completed and stored to date: ~357, 777.25 5. Retainage (per Agreement):

Q% of completed Work: $0.00 Oo/oof retainage: $0.00

Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): ~357, 777.25 7. Less previous Application for Payments: (339,888.39)

8. DUE THIS APPLICATION (6 MINUS 7): ~17,888.86 .

CONTRACTOR'S CERTIFICATION:

ENGINEER's Contract No. 0649

I hereby certify that the labor and materials listed on this reqi,Jest for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. · . ·

The acceptance of final payment shall be and shall operate as a release of 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

00622- 1 F:\Customer Files\725 IRC CR 510 Force Main\725 00622 FORMS\#725 00622- Contra(:tor's Application for Final Payment.doc Rev. 05/01

#725 00622 ~ Contractor's Application for Final Payment

this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

Dated 7/11/08

State of FLORIDA County of INDIAN RIVER Subscribed and sworn to before me this 11th day of JULY 2008

Jim Wiffrilann, Contract Administrator

NOTARY PUBLIC· STAlE OF FLORIDA .-Q-. Beverly Kenny Fell ~ ~ §Commission# DD629777 '· ••• ,, •••• ··Expires; JAN. 16, 2011

BONDED T!ffiU ATLANTIC BONDJNG CO.; INC.

CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE):

r-0 N

I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor.

Dated ________ _ (ARCHITE6fTENGINEER)SJGNATURE ...

CERTIFICATION OF ENGINEER /INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my

inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above.

Dated ]/z.3 fo~ I I =~ ~$; 52'?1 A. (ARCHITE~TENGINEER) SIGNATURE

Accompanying Documentation: __ _

* * END OF SECTION * * #725 00622 · Contractor's Application for Final Payment

00622- 2 F:\Cuslomer Files\725 IRC CR 510 Force Main\725 00622 FORMS\#725 00622- Contractor's Application for Final Payment.doc Rev. 05/01

"'

rm

TO INDIA FROM SPS C

TRACT UCP#:

«> £F

I PHASE II CONTRACTORS APPLICATION FOR PAYNfENT- H--, )APPLICATION FORPAYMENT NO.--

JFbR WORK ACCOMPLISHEDTHROUGH THE PERIOD OF J 3/1/2008(

TiNGi :#725

-.-. . .--.. ""'"'"'"-''',. .. 7123536-044699-:LLER& MOLER, INC.

r OF UTILITY

) SCHEDULE, AND COPIES OF All PAID INVOICES.

I

~·s, (0649 I

(THROUGH -~

co -C'oJ

6 FINAL

5/30/2(

1.00 ORIGINAL CONTRACT PRICE 308,708.: 2.00 ~ET CHANGE BY CHANGE ORDERS AND WRIITEN AMENDMENTS ( + OR - 49,069.1

T CONTRACT PRICE ( 1 PLUS 2) 357,771

I 4:00 5.00

TOTAL COMPLETED AND STORED TO DATE RETAINAGE (PER AGREEMENT) (

I 0.00 %OF COMPLETED WORK I I -I % OF RET AINAGE I

""6.6o" Tali

TOTAL RETAINAGE TOTAL COMPLETED. AND STORED TO DATE LESS RETAINAGE 4 MINUS 5) LESS PREVIOUS APPLICATION FOR PAYMEfoiTS DUE THIS APPLICATION 6 MlfoiUS 7)

I I HEREBY CERTIFY THAT THE LABOR AND MATERIALS LISTED ON THIS REQUEST FOR-PAYMENT,.HAVE BEEN USED IN THE CONSTRUCTION OF THIS WORK AND I RECEIVED FROM THE LAST REQUEST FOR PAYMENT HAS BEEN USED TO MAKE PAYMENTS TO ALL SUBCONTRACRORS, LABORERS, MATERIAL MEN AND SUPPLIERS, EXCEPT

(AS NOTED BELOW. -

IDA TED I 07/11/0BI S.P.S. Contract! Inc. C NT A 01

I BY _.

(STATE OF I ICOUNTYOF

o ME THIS

1

----- __ DANDSWORNTO DAY OF

rrNDIANRlVEr- ,

1 7/11/2oo8 1

I I \4hthi< ttn=62 ~ I 1/16/2011 (PUBLIC

I

I OF ENGINEER/INSPECTOR ! rHAVE CHECKED THE ESTIMATE AGAINST THE CONTRACTORS SCHEDULE OF AMOUNT FOR CONTRACT PAYMENTS AND NOTES AND REPORTS OF MY

NOTARY PUBLIC- STATE OF FLORIDA t'"""''\. Beverly Kenny Fell ~ ~ J Co~rnission # DD629777 '•.,,,,,,,,' Exprres: JAN. 16, 2011

BONDED THRU ATLANTIC BONDING CO., INC.

, TIONS OF THE' PROJECT. IT IS MY OPINION THAT THIS ST ATRMENT OF WORK PERFORMED AND/OR MATERIALS SUPPLIED IS ACCURATE, THAT THE CONTRACTOR IS THE REQUIREMENTS OF THE CONTRACT, AND THAT THE CONTRACTOR SHOULD BE PAID THE AMOUNT REQUESTED ABOVE.

I I I •.E .. DEE I

ON

-

357,777.: 339,888.:

:aBiiJ

I SUBCONTRACTORS PAY REQUEST I SUBCONTRACTOR: I

SPS CONTRACTING INC P.O. BOX690115 VERO BEACH, FLA. 32969

PROJECT NAME: I I CR-510 FORCEMAIN EAST OF WABASSO BRIDGIPAY REQUEST# I 6 FINAL

PROJECT# I I 725 I DATE 7/11/2008 PERIOD BEGIN 3/1/2008

UCP# I I 2871 I PERIOD ENDING 3/31/2008 WIP# 4712-3536-044699-07504

CONTRACT AMOUNT $ 308,708.25 APPROVED CHANGE ORDERS . $ 49,069.00 TOTAL REVISED CONTRACT $ 357,777.25

. . · .

TOTAL COMPLETED TO DATE I I $1 357,111.25 1

VALUE OF STORED MATERIALS I I :I 357' 777:251 TOTAL COMPLETED AND STORED I

RETAINAGE · I I ol I $1 - I TOTAL EARNED LESS RETAINAGE I I $1 357,777.251

..

LESS PREVIOUS PAY REQUEST I I $1 339,888.39 1 .

CURRENT PAYMENT DUE I I $1 17,888.861

209

-f.-,'

-,

~,,E.I# --,-

rnlsh & lnstall12" PVC Force 1 rnlsh & lnsta1114" HOPE Direc

3 !Furnish & lnsta/112" GV&B '~" x 12" Wet Tap . '

5 4" Air R~ Jea9"eVa' 3"LFE) 6 Flush 2,3:

9 -:;o

C01

I Sod

Mobilization ORIG.INAL CC

CHANGE ORDERS : Pipe (Pipe Cost Only}

O"Gate

~

sPump

-··· -·-··-·· --··-·-····<> 12' Wet Tap w/Gate V_alve

· CHANGE ORDERS SUB TOTAL: !GRAND TOTAL:

1 Pump~

rFORI

"·INC. I ~OWNER' IIRC'

1

__ _ _ ______ J,Ste.#1 Vero Beach, FL. 32969

I

:.MAIN I JOB# I

[PER!eGiN I

I END I I PER.

I CR..S10 FORCEMAIN EAST OF WABASSO BRIDGE TO AlA I

'lr-uNiT

3,200.•

5iiOO 25.00

3,300.00 ""1.00

-

1.00 ""'11iO

-

u u

0

PRICE I TOTAL

12.50 I s

8.75 $ 28,87 10,120.00 $ 10,12

5,000.00 $ 15,00

--31'30

3.: """'1:i

2s,ao1.oo I s 2s ;5oQ.iiO ,600.00) $ (11,,.;~

$ 49,0' -

I ESTIMATE# I

I SUPT' I QUANTITIES

i jcURRENTj

3.20 1,40

:00 ""'5o':''O

---miD 3;3iiii]O

--..;

-

-

T

'OTAL

i;2oO]"O I ~ 0 1,400.00 $ 12

... "" -

50.00 ""'25.iii

3;3iiii]O

400~00

[00

8.25

0.00

, .. uu.uu

:aotOo'" :roo.oo

(11,~00.0~)

........ I ns .....-r N

,-----.,

AMOUNT $ I% COMP I BAL TO I CURRENT I TO DATE TO DATE COMP

-

--

--

-49;06Q.

~

1.0(

1":i ""1.i

1J

1;1 1'J

INDIAN RIVER COUNTY


TO:

THROUGH:

Joseph A. Baird, County Administrator __Q. James W. Davis, P.E., Public Works Direct~~~-. Christopher J. Kafer, Jr., P.E., County Enginee Michael D. Nixon, P.E., Roadway Production M nage~~

FROM: Arjuna D. Weragoda, P.E., Project Engineer A()) SUBJECT: Work Order No. 4 for Professional Services with G. K: Environmental, Inc.

for CR-51 0 from 61 st Drive to Shore Lane

DATE: July 28, 2008 CONSENT AGENDA

DESCRIPTIONS AND CONDITIONS

On March 4, 2008, the Board of County Commissioners approved the renewal of the Continuing Contract Agreement for Pr-ofessional Services with G.K. Environmental, Inc. for a three year term from 2008- 2011.

The purpose of this Work Order No. 4 with G.K. Environmental, Inc. is for environmental assessment and regulatory permitting for CR-510 between 61 51 Drive and Shore Lane. The attached Scope of Services shows the complete breakdown of costs for a total fee of $41 ,500.00.

RECOMMENDATION AND FUNDING

Staff recommends approval of the attached Work Order No. 4, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board to authorize the Chairman to execute the attached Work Order No.4 on their behalf.

Funding is approved and budgeted in the amount of $41 ,500.00 from Account #1 0215141-06651 0-05023.

ATTACHMENTS

Work Order No.4 from G.K. Environmental, Inc.

DISTRIBUTION

G. K. Environmental, Inc.

Indian River Coun

APPROVED AGENDA ITEM Administration

Bud et

FOR August 12, 2008 Leal

sv~£ Public Works

Engineering

F:\Public Works\Capital Projects\CR 51 0\CR 510 & US-I_ IRC-0514\GK Environmental\CR-510 Agenda Item Continuting contract GK Env work 211 order #04 07-28-0S.doc

WORK ORDER #4 ENVIRONMENTAL ASSESSMENT AND REGULATORY PERMITTING

CR 510 L ROAD WIDENING EAST SECTION (EAST OF 66TH A VENUE) TO INDIAN RIVER LAGOON

This work order #4 is for the continuing contract agreement with G. K. Environmental, Inc. for professional services entered into effective as of August 12, 2008 by and between INDIAN RIVER COUNTY, a political subdivision of the State ofF!orida, 1801 27th Street, Building A, Vera Beach, Florida 32960 ("County") and G. K. ENVIRONMENTAL, INC., 155 McKee Lane, Vera Beach, Florida 32960, ("Consultant").

SECTION I - PROJECT DESCRIPTION as follows: Indian River County will be widening CR 510 beginning at the intersection of CR 512 and CR 51 0 and continue to east to the Indian River Lagoon. This work order will be to complete environmental assessments and regulatory permitting for the eastern section.

The following environmental services are required:

1.0 WETLAND JURISDICTIONAL SERVICES AND ENDANGERED & THREATENED I

SPECffiS OF SPECIAL CONCERN SURVEYS

2.0 PERMITTING SUBMITTAL ASSISTANCE

3.0 MITIGATION DESIGN AND OPTIONAL SERVICES

4.0 RESPONSE TO AGENCY REQUESTS FOR ADDITIONAL INFORMATION (RAI)

SECTION IT- DETAILED SCOPE OF SERVICES:

The preparation of documents, compiling of data, and meeting attendance resulting from field investigations required for environmental permitting of this project.

The ENVIRONMENTAL CONSULTANT agrees to perform professional environmental consulting services in connection with the project as required and set forth in the following:

DETAILED SCOPE OF SERVICES

PHASE I

1.0 WETLAND JURISDICTIONAL SERVICES AND ENDANGERED & THREATENED I SPECIES OF SPECIAL CONCERN SURVEYS

1.1 Collection of Existing Data GKE will collect and review soils, topography, and National Wetland Inventory data in preparation for the field data collection effort.

1.2 Field Determination of Approximate Wetland Lines A field review will be conducted to establish approxhnate wetland boWldaries. GKE biologists will flag I stake the approxhnate wetland boundaries in accordance with federal and state criteria (Federal Manual for Identifying and Delineating Jurisdictional Wetiands. 1987 and Chapter 62-340 of the Florida Administrative Code). The wetland delineation point locations will be recorded with Global Position System (GPS) equipment.

Weragoda, CR 510 Rev Proposal Format ll 7·29-08 (3) Page 1 of5 7/29/2008 212

1.3 Approximate Wetland Boundary Depiction GKE will depict the approximate wetland boundaries as recorded with the GPS on an aerial image and provide this information in map format (Adobe PDF). The approximate wetland boundary points will also be provided in an Auto CAD compatible format, if requested.

1.4 Wetland Jurisdictional Summary Memorandum GKE will provide a brief narrative describing the methodology used and the resultant findings of the wetland delineation in Task 1.0 above. This will include information necessary to initiate agency coordination for field review.

1.5 Endangered & Threatened I Species of Special Concern Surveys GKE will complete a protected species survey on the referenced site. GKE ecologist will conduct a preliminary systematic survey for protected species in general accordance with Flo!ida Fish and Wildlife Conservation Commission (FFWCC) Guidelines. GKE ecologist will record observations of listed protected species and features that may indicate species presence. Physical features may include, but are not limited to, tree markings, burrows, tracks, nests, scat, and cavity trees. GKE will request that the U.S. Fish and Wildlife Service (FWS) and the Florida Fish & Wildlife Commission (FFWCC) review their files for the presence of any listed species that may be present onsite findlngs of the above will be provided in a written report.

This phase does not include a "site specific survey" for the Florida scrub jay or the gopher tortoise if required and as described in State and Federal regolations. However, the potential for occurrence of these two (2) species, in addition to others, will be addressed in the report. If either of these two (2) species exist or are believed to utilize the site( s ), a separate proposal to address this issue will be provided.

1.6 Agency Coordination GKE will coordlnate a visit to CR 510 and its associated wetland impact sites with staff.ofthe Indian River County Planning Division (IRC), St. Johns River Water Management District (SJRWMD), U.S. Army Corps of Engineers (USACE), and Indian River Mosquito Control District (IRMCD), and discuss impacts, management, and mitigation, as necessary to identifY wetland impacts, review and approve the landward extent of the approp!iate wetland lines established by GKE.

PHASE II

2.0 PERMITTING SUBMITTAL ASSISTANCE

2.1 UMAM Preparation If mitigation is needed for project related impacts, GKE biologist will perform a functional analysis of the proposed wetland impact areas usirig the Uniform Mitigation Assessment Methodology (UMAM) as defined in Chapter 62-345, Florida Administrative Code. In addition to the UMAM, USACE data sheets will. be completed for· each wetland to be impacted within the project corridor.

2.2 Mitigation Alternatives Analysis A variety of alternatives will be considered and evaluated, includlng onsite I off-site mitigation and Mitigation Banking.

2.3 Environmental Resource Permit (ERP) Application Wetland impact permitting will be accomplished through submittal of the joint ERP application to both the SJR WMD and USACE by the Client. GKE will provide the necessary environmental support information/ reports for the wetland related issues within the ERP application(s) to the Client. Permitting coordination will include attendance at one (1) Pre-Application Meetirig with SJRWMD and two (2) meetings with Client and/or Indian River County. The Client shall act as the clearing house for all ERP documentation and RAI submittals.

2.4 Coordination of ACOE GKE will assist in coordination during the ACOE's review of the permit application. Additionally, GKE will coordinate with the ACOE, U.S. Fish & Wildlife Service, and National Marine Fisheries, should there be a requirement to mitigate for impacts to wood stork core foraging area (CFA) or essential fish habitat (EFH).

CR 510 Road Widening I GKE Contract Page2 of5 July 28, 2008

213

PHASE ill

3.0 MITIGATION DESIGN I OPTIONAL SERVICES

3.1 Mitigation Design GKE will develop mitigation concept plan for approved site(s) by the SJRWMD I ACOE and technical specifications, determine their feasibility, and coordinate the concepts with the Client, Project Engineer, and SJRWMD I ACOE.

3.2 Optional Services A fourth retention pond site may need to be investigated for stormwater pond construction. If necessary, this site will also be surveyed for wetlands and endangered I threatened species, including species of special concern.

This Task I Phase will be billed at GKE ecologist rate of $110.00 per hour for Principal Ecologist. If necessary, additional GKE services will be completed. Hourly rates are outlined below.

PHASE IV

4.0 RESPONSE TO AGENCY REQUESTS FOR ADDITIONAL INFORMATION (RAl)

4.1 RA1 Responses Following agency permit application submittal and agency review, GKE will respond to all environmental questions outlined in agency letters Requesting Additional Information (RAlletters). GKE will provide copies to client for inclusion into the formal response letters to the permitting and commenting agencies. It is anticipated that there will be a minimum of two rounds ofRAlletters for this project

SECTION ill- COMPENSATION

The COUNTY agrees to pay and the ENVIRONMENTAL CONSULTANT agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following:

A. Professional Services Fee I. The basic compensation mutually agreed upon by the ENVIRONMENTAL

CONSULTANT and the COUNTY is as follows:

Lump Sum Components

Phase I

Phase II

CR 510 Road Widening I GKE Contract

Task Description

Wetland Jurisdictional Services and Endangered & Threatened I Species of Special Concern Surveys (1.0-1.6 see above details)

Permitting Submittal Assistance (2.0-2.4 see above details)

Page 3 of5

$16,750.00

$ 9,750.00

July 28, 2008

214

Hourly Not to Exceed Components

Phase III

Phase IV

Mitigation Design I Optional Services (3.0-3.2 see above details)

Response to Agency Requests For Additional Information (RAI)

SECTION IV- GKE HOURLY FEES I COMPENSATION

$ 10,000.00

$ 5,000.00

Invoices will be submitted on a monthly basis at GKE hourly rates or as may be noted for each Task I Phase and are payable within 30 days of date of invoice(s). GKE hourly rates (2008-2009) are $110.00 I hour for Principal Ecologist and $35.00 I hour for administrative I staff assistance, and if needed $75.00 I hour for CAD operator and $65.00 I hour for field biologist I chemist assistant.

Your endorsement below will serve as agreement by client to compensate G. K. Enviromnental, Inc. for services rendered in connection with this agreement within thirty (30) days of date ofinvoice(s).

If the above is acceptable, please sign below and mail or fax a copy to onr office. Work will begin npon receipt of signed authorization and current set of constr~ction plans.

CR 510 Road Widening I GKE Contract Page4 ofS July 28, 2008

215

SECTION XVIll- ENTIRETY OF AGREEMENT

This writing embodies the entire AGREEMENT and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby.

No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto.

This AGREEMENT, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida.

IN WITNESS WHEREOF the parties hereto have executed these presents this ____ day of

---------~ 2008.

G. K. ENVIRONMENTAL, INC. 155 McKee Lane Vero Beach, FL 32960

By:

;1 ~· ;V\~ Junty Attorney Approved as to Form and Legal Sufficiency

Approved:


CR 51 0 Road Widening I GKE Contract Page 5 of5


By: __________ ~---

Sandra Bowden, Chainnan Board of County Commissioners

Approved by BCC. _________ _

Attest: Jeffrey K. Barton, Clerk of Circuit Court

By:·---~--=-~----Deputy Clerk

July 28, 2008 216

Office if ConsentAgenda


MEMORANDUM


FROM: lfr~· Fell, Senior Assistant County Attorney


RE: Approval of Lease with Boys and Girls Club of Indian River County, Inc. for County Property on 17'h Avenue

On Tuesday, April 22, 2008, the Boys and Girls Club of Indian River County, Inc. ("Club") requested that the Board of County Commissioners consider leasing to the Club certain Countyowned property at 171

h Avenue, so the Club could construct a new youth center. Pursuant to Florida Statutes section 125.38, the County may enter into a Lease with a not-for-profit corporation that is organized for the purposes of promoting community interests and welfare, if the Board finds that the property is not needed for County purposes.

Staff has prepared a standard County not-for-profit Lease Agreement with the Club. The Lease has a term of 50 years; a rent of $1.00 per year; a requirement that the Club is to commence construction on or before July 30, 2009; and a provision that would allow the use of most of the newly constructed building by the County in the event of an emergency. The parcel being leased to the Club is ±1.37 acres.

Recommended Action: Approve the Lease with the Boys and Girls Club of Indian· River County, Inc. in the form presented and authorize the Chairman to execute the same.

Approved for BCC Meeting Consent Agenda- August 12, 2008

By ~ jp_f_wt County Attorney

IDdiaH Rher Co.

Admin.

Co. Atty.

Budget

RiskMgr.

Approved Date

217

RESOLUTION NO. 2008-___ _

A R.ESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., FOR INDIAN RIVER COUNTY PROPERTY AT 17TH AVENUE.

WHEREAS, on April 22, 2008, the Boys and Girls Club of Indian River County, Inc. ("Club"), requested that the Board of County Commissioners consider leasing certain County-owned property at 1 ih Avenue ("Property") to the Club for construction of a new youth center thereon; and

WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfar-e; and

WHEREAS, the Club is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section

. 501 (c)(3) of the Internal Revenue Code of 1986, as amended;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDAIN RIVER COUNTY, FLORIDA:

1. The Board finds that the Property is not needed for County purposes; . .

2. The Board finds that the Club has made application as required by Florida Statutes section 125.38 for a lease of the Property;

3. The Board approves, and authorizes the Chairman to execute, a Lease Agreement between the Board and Club, in the form set forth in the attached Exhibit "A" for a term of fifty (50) years at a rental rate of One Dollar ($1.00) per year payable in advance;

4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01.

The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows:


The Chairman thereupon declared the Resolution duly passed and adopted this 121h day of

August, 2008.


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

. jp~v~>Las to for_m· and leg. a!

.1/u~en~:§,?J ,; ~ ~ -· -~-~.-? · Marian E. Fell ' · ····- • .

Senior Assistant County Attorney

. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By __________________ _


218

NON-PROFIT LEASE

Between INDIAN RIVER COUNTY

and BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.

THIS LEASE AGREEMENT ("Lease") is entered into this 1st day of September, 2008 ("Effective Date"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach, FL 32960 ("County"), and BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation, 2926 Piper Drive, Building 13, Vero Beach, FL 32960 ("Tenant").

BACKGROUND RECITALS

A. Indian River County is authorized, pursuant to Florida Statutes Section 125.38, to lease real property owned by Indian River County to not-for-profit organizations organized for the purpos_es of promoting community interest and welfare~ .

B. The Boys and Girls Club of Indian River County, Inc. is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended;

C. As required in accordance with Florida Statutes section 125.38, the Boys and Girls Club of Indian River County, -Inc. made application to the County for a non-for-profit lease of certain premises located at 1ih Avenue and owned by the County.; and

D. The Indian River County Board of County Commissioners finds that use of public lands by the Boys and Girls Club of Indian River County, Inc. constitutes a public use and benefit.

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. LEASED PREMISES; DESCRIPTION; DISCLAIMER.

1.1. Description. The County hereby leases to Tenant those certain premises in Indian River County consisting of an area that is approximately 1.37 acres of land having a street address of 1725-1729 1ih Avenue, Vero Beach, Florida 32960 (the "Leased Premises"), more particularly described in Exhibit A, attached hereto and incorporated herein by this reference in its entirety.

1.2. Disclaimer. Tenant expressly acknowledges and agrees: (a) that it has inspected the Leased Premises and accepts the same As Is, Where Is in the condition existing as of the Effective Date, together with all defects, latent and patent, if any; (b) that County has made no representations or warranties of any nature whatsoever regarding the Leased Premises including, without limitation, the physical conditions of the Leased Premises; any improvements located thereon; availability of utilities; or the suitability of the Leased Premises

1

219

for Tenant 's intended use; (c) that Tenant is enteri.ng into this Lease based on its own independent investigation of the Leased Premises and has satisfied itself as to the general and local conditions, particularly those bearing on the availability of water, sewer, electric power, communications facilities, and road access; and (d) that the County assumes no responsibility or obligation to provide any facilities of any nature whatsoever at the Leased Premises and/or in connection with the operation of the Facility, except as may be specifically set forth in this Lease.

ARTICLE 2. RENT. The rent due under this Lease is one dollar ($1) per year, payable without demand on September 1, 2008, and each succeeding September 1 thereafter during the term of this Lease at the Finance Department office of County or such .. other place as County may from time to time designate by written notice given to Tenant.

ARTICLE 3. TERM. The term of this Lease shall be for a period of fifty (50) years, commencing on September 1, 2008 and ending August 31, 2058, subject to sooner termination as set forth herein. The parties may renegotiate for an extension of the Lease term upon a commitment by Tenant to undertake a major renovation of the Facility during the life of the Lease.

ARTICLE 4. CONDITION PRECEDENT TO LEASE; CONSTRUCTION OF FACILITY BY TENANT.

4.1 In accordance with the terms of this Lease, Tenant contemplates constructing a youth center and other improvements on the Leased Premises that is no less than 8,000 square feet in the standard style of a Boys and Girls Club facility to include sufficient parking for its purposes (the building, other improvements, and parking sometimes hereinafter collectively referenced as the "Facility"; the Leased Premises and the Facility sometimes hereinafter collectively referenced as the "Premises"). Tenant acknowledges and agrees that a specific condition precedent to the continuation of this Lease is that Tenant commences construction of the Facility planned by Tenant on the Leased Premises on or before July 30, 2009, and thereafter diligently prosecutes such construction to completion. The Facility shall be completed no later than eighteen (18) months after commencement of construction. Tenant shall obtain the written approval of the County Community Development Director prior to filing a site plan application with the City of Vero Beach. After receipt of site plan approval, Tenant shall apply for a building permit to construct the Facility in accordance with the approved site plan.

4.2. The County, in its sole discretion, may, but is not obligated to, extend the time periods set forth herein, for good cause shown by Tenant, or for reasons beyond the control of Tenant. Absent such extension granted by the County, failure to satisfy the conditions of this Article may be grounds for termination of the Lease and the County shall provide notice to Tenant, as set forth herein, of the termination date and, thereafter, the parties shall have no further obligations under this Lease.

4.3. County and Tenant acknowledge and agree that Tenant shall own the Facility during the term of this Lease and, upon termination of this Lease, the ownership of the Facility shall revert to the County.

2

220

ARTICLE 5. USE OF PREMISES.

5.1 The Premises shall be used exclusively by Tenant for purposes associated with the traditional functions of a youth center in accordance with the standards of the Boys and Girls Club of America, a national organization with a United States Congressional [federal] Charter, and for no other use or uses and for no other use(s) except for occasional public and community purposes, without the express written prior consent of County. During the times that the Premises are not used by Tenant, it is anticipated that use of the Premises will be occasionally provided to public or community groups for public uses consistent with the purposes of the Facility. Occasional or variable use of the Premises by community groups shall not be deemed an assignment or sublease of this Lease. Tenant may allow the use of the Premises or any part thereof, or allow any other person to occupy or use the Premises or any part thereof, on a more regular basis only with the prior written consent of County, and further provided that any cost associated with such use is a nominal amount.

5.2. Tenant shall neither use or permit the use of the Premises, nor commit or permit the commission of any acts on the Premises, that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; (b) constitutes the commission of waste on the Premises; or (c) the commission or maintenance of a nuisance.

5.3. Non-Discrimination. Tenant for itself, its permitted invitees pursuant to paragraph 5.1, and 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 Premises, and services offered in or at the Premises on the basis of age, gender, disability, race, color, national origin, creed, religion, or ancestry. ·

5.4. Prohibition on Alcoholic Beverages. Tenant acknowledges and agrees that it is prohibited from selling, having, using, or providing, or allowing the sale, use, or. provision of, any alcoholic beverages of any nature whatsoever from, in, around, or in connection with, the Leased Premises without the written prior consent of County.

5.5. Public Utilities. Tenant acknowledges and agrees that it shall be solely responsible to obtain water, sewer, electric power, telephone, television, and solid waste removal services for the Premises, including any associated security deposit or initial set-up charges. Further, Tenant shall pay, within the time allowed for payment without penalties, all charges for water, electricity, sewerage, trash disposal, and any and all other public or private utilities that may arise from its use of the Premises.

5.6. The Tenant shall pay for all interior and exterior pest control for the Leased Premises, and shall be responsible for lawn cutting within the Premises.

5.7. 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 Premises, excepting, however, that portion of the Facility that is used by Tenant as its main administration offices, for as long as reasonably necessary as the County, in its sole discretion, acting as the Indian River County Emergency Services District, shall

3

221

determine, for any and all appropriate governmental purposes in connection with such Emergency

ARTICLE 6. ASSIGNMENT OR SUBLEASING. Tenant shall not in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Lease, or sublet the Leased Premises or any part thereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of the County, which consent may be granted, conditioned, or withheld at County's sole discretion for any reason. Any such attempted Assignment without County approval shall be null and void.

ARTICLE 7. MAINTENANCE AND REPAIRS. Tenant shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Tenant's sole cost and expense, the Premises and every part of the Premises, in a good, clean, and safe condition, free of pests. Tenant hereby waives any right to make repairs to the Premises at the expense of County as provided by any law or statute now or hereafter enacted. In the event of a situation that, in the reasonable judgment of the County, requires that immediate emergency repairs be performed to any part of the Premises, the County may perform the same with or without notice to Tenant, and Tenant shall reimburse County in full and in a timely manner for all reasonable expenses incurred by County in connection with such emergency repairs.

ARTICLE 8. PERSONAL PROPERTY TAXES. Tenant shall pay, before they become delinquent, all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Tenant in, on, or about the Premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, partitions, fixtures, machinery, equipment, office equipment, television or radio antennas, or communication equipment brought on the Premises by Tenant.

ARTICLE 9. REAL PROPERTY TAXES. County and Tenant acknowledge and agree that, as of the date of this Lease, current Florida law contains an exemption from ad valorem taxation for the Premises when the Premises are leased to a nonprofit corporation providing a public purpose or function, as such term is defined in Florida Statutes section 196.012(6). Tenant acknowledges and agrees that Tenant shall be responsible for any and all ad valorem taxes levied or assessed against the Premises, including any special assessments imposed on or against the Premises for the construction or improvement of public works, and shall pay the same when due, if the applicable law changes during the term of this Lease with respect to such tax exemption.

ARTICLE 10. INSURANCE PROVISIONS; DAMAGE.

1 0.1. Property Casualty. The Tenant shall at its sole cost procure and keep in effect standard policies of property casualty, fire, and extended coverage insurance in an amount equivalent to the appraised value of the Facility, together with any other types of liability coverages deemed necessary by Tenant for the activities to be conducted at the Premises. Upon request, the Tenant shall provide to the County a certificate of such insurance with evidence of the payment of the premium therefor and/or copies of such policies. The County shall have no obligation whatsoever to keep the Leased Premises, the Facility, or any personal property used in connection with the Premises, insured. Any policy of insurance required pursuant to this Lease shall be issued by an insurance company authorized to engage in

4

222

business in the State of Florida that has a rating of at least A-VI by A.M. Best and Company. All such insurance shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the County and shall name the County as an additional insured.

10.2 Liability. Tenant shall, at its own cost and expense, secure within 15 days of commencement of construction on the Facility, and maintain during the entire term of this Lease, and any renewals or extensions, a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to County and insuring the County against loss or liability caused by or connected with Tenant's occupation and use of the Premises under this Lease in amounts not less than:

(a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and

(b) $500,000 for damage to or destruction of any property of others; or (c) Such higher amount as may be set as the liability limits under the waiver of

sovereign immunity provisions of law for the occurrences described in subsections (a) and (b).

10.3. Loss Deductible Payment. The County shall be exempt from, and in no way liable for, any sums of money that may represent a ·deductible under any insurance policy. The payment of any such deductible shall be the sole responsibility of the Tenant.

1 0.4. No Liability For Damage Or lnjurv. The County shall not be liable for any damage or injury that may be sustained by any party or persons in, at, on, or about the Premises.

10.5. Damage. Tenant shall repair all damage to the Premises caused by the Tenant, its employees, agents, invitees, servants, or independent contractors in connection with the operation of the Leased Premises.

ARTICLE 11. DESTRUCTION OF FACILITY.

11.1 In the event the Facility erected on the Leased Premises is destroyed or damaged by fire or other casualty, the County shall have no responsibility or obligation to make any expenditures whatsoever toward the repair and/or replacement of the Facility. Tenant, at its option, shall either:

(a). Cause the Facility to be replaced or the damage to be repaired as rapidly as practicable, (b). If the damage involves an insubstantial portion of the Facility, elect not to repair the damages to the Facility and continue in the Lease. (c). If the damage involves a substantial portion of the Facility, elect not to repair the damages to the Facility and terminate the Lease.

11.2. In the event the Tenant elects to repair and/or replace the Facility on the Leased Premises, the County shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction. Provided, however, that the repaired and/or replaced Facility is repaired/replaced in a manner equal to or better than the Facility being repaired or replaced. Tenant acknowledges and agrees that Tenant shall have the

sole responsibility for the demolition costs incurred in the event that Tenant elects not to repair the damages to the Facility and terminates the Lease.

11.3. In the event the Tenant, at its option, elects not to repair and/or replace the Facility upon the Leased Premises, the County shall be entitled to such portion of any insurance proceeds equal to the County's good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed Facility and all rubble or debris resulting from the casualty. The County shall be entitled to such amounts even if the County decides to rehabilitate the Facility. Thereafter, any remaining proceeds shall be the sole property of Tenant.

ARTICLE 12. ALTERATIONS. Tenant shall not make, or permit any other person, to make alterations to the Premises without the prior written consent of County. Should County consent to the making of any alterations to the Premises by Tenant, the alterations shall be made at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing by County before any such work commences. Any and all alterations, additions, or improvements made to the Premises shall on expiration or sooner termination of this Lease become the property of County and remain on the Leased Premises.

ARTICLE 13. INSPECTION BY COUNTY. Tenant shall permit County or County's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether Tenant is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect County's interest in the Premises under this Lease.

ARTICLE 14. ACTS CONSTITUTING BREACHES BY TENANT. Tenant shall be guilty of a material default and breach of this Lease should: (a)Tenant default in the performance of, or otherwise breach, any provision, covenant, or condition of this Lease and such default or breach is not cured within thirty days after written notice thereof is given by County to Tenant; or (b) Tenant breaches this Lease and abandons the Premises before the expiration of the term of this lease.

ARTICLE 15. COUNTY'S REMEDIES FOR TENANT'S DEFAULT Should Tenant be guilty of a material default and breach of this Lease as defined in this Lease, County, in addition to any other remedies given to County at law or in equity, may terminate Tenant's right to possession of the Premises and recover and regain possession of the Premises in the manner provided by the laws of the State of Florida.

ARTICLE 16. WAIVER OF BREACH. The waiver by County of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Lease.

ARTICLE 17. SURRENDER OF PREMISES. Upon the expiration or sooner termination of this Lease, or any extensions, Tenant shall peaceably and quietly surrender and deliver the Premises to County broom clean, and in thorough repair; good order; and safe condition, reasonable wear and tear excepted. Tenant shall, at Tenant's sole expense, remove all of Tenant's personal property and those improvements made by Tenant that have not become the property of County, and repair all injury done by or in connection with the installation or removal

6

224

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 of the State of Florida purchased or leased by Tenant, shall be and will always remain the personal property of the Tenant. ·

ARTICLE 18. INDEMNITY. Tenant shall indemnify and hold the County and the property of County, including the Premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and court costs, arising by reason of the death or injury of any person, including Tenant or any person who is an employee, agent, or invitee of Tenant, or by reason of damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, caused or allegedly caused by some act or omission on the Premises by Tenant or any employee, agent, invitee or servant of the Tenant, other than County, or an employee or agent of County.

ARTICLE 19. NOTICES.

19.1 Any notice, report, statement, approval, consent designation, demand or request to be given and any optic;m or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below:

County:

Tenant:

Indian River County 1800 27th Street Vera Beach, FL 32960 Attn: General Services Director

Boys and Girls Club of Indian River, Inc. P.O. Box 3068 Vera Beach, FL 32964 Attn: President and CEO

provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change.

ARTICLE 20. GENERAL PROVISIONS.

20.1. 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.

20.2. 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.

7

225

20.3. 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.

20.4. Severability. If any term, covenant or provision of this 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.

20.5. 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.

20 .6. 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.

20.7 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.

20.8. 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.

20.9. Public Records. The Tenant shall comply with the applicable provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with the terms and conditions of this Lease.

20.1 0. Counterparts. This 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.

20.11. General. The ·Background Recitals are true and correct and form a material part of this Lease.

REMAINDER OF PAGE INTENTIONALLY BLANK

8

226

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 written above.

INDIAN RIVER COUNTY Attest: J. K. Barton, Clerk BOARD OF COUNTY COMMISSIONERS

By ____________________ _ By: ::---,--,--=---,-----,----

Sandra L. Bowden, Chairman Deputy Clerk [seal]

Attest

Corporate Secretary

[seal]

Approved:

~ ~A Baird

ounty Adm1mstrator

~~r»;: to form and legal sufficiency:

· '~arian E. Fell ~ Senior Assistant County Attorney

BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation

By: --c=---,---,----,-.,.----=---,-:---Ronnie L. Hewett, President

9

227

co LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST 1 I 4 OF THE SOUTHEAST 1 I 4 OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AS DESCRIBED IN OFFICIAL RECORD BOOK 844, PAGE 1331 AND OFFICIAL RECORD BOOK 1038, PAGE 2876, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

91C'J ~N

COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1 I 4 OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND RUN S89'22'00"E, ALONG THE SOUTH LINE OF SAID SECTION 2, A DISTANCE OF 978.48 FEET TO A POINT ON THE CENTERLINE OF 17TH AVENUE; THENCE RUN N0" 56' 45"E, ALONG THE SAID CENTERLINE OF 17TH AVENUE, A DISTANCE OF 1126.14 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, RUN N89'07'33"W A DISTANCE OF 35 FEET TO A POINT ON THE WEST RIGHT -OF-WAY LINE OF SAID 17TH AVENUE, FOR A THE POINT OF BEGINNING; THENCE RUN N0'56'45"E, ALONG THE SAID WEST RIGHT-OF-WAY LINE OF 17TH AVENUE, A DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTH LINE OF A 60-FOOT RIGHT -OF -WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 39, PAGE 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN N89'07'33"W, ALONG SAID SOUTH LINE OF A 60-FOOT RIGHT -OF -WAY, A DISTANCE OF 449.71 FEET TO A POINT; THENCE LEAVING SAID SOUTH RIGHT -OF -WAY LINE, RUN S20'26'20"W A DISTANCE OF 62.65 FEET TO A POINT; THENCE RUN S68'29'40"E A DISTANCE OF 20.92 FEET TO A POINT; THENCE RUN S37'09'40"E A DISTANCE OF 48.30 FEET TO A POINT; THENCE RUN S6'42'40"E A DISTANCE OF 32.21 FEET TO A POINTON THE SOUTH LINE OF THE AFORESAID LAND DESCRIBED IN OFFICIAL RECORDS BOOK 844, PAGE 1331; THENCE RUN S89'07'33"E, ALONG SAID SOUTH LINE AND THE SOUTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1038, PAGE 2876, A DISTANCE OF 395.47 FEET TO THE POINT OF BEGINNING.

0

~ • ~ q

~ 0

0 z < r u

~ ... w - e ~

<t) -.. 1---co -:L~ ~~ ............ , <

CONTAINING 59,869.1 SQUARE FEET, MORE OR LESS, OR 1.37 ACRES. NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.

UJ~ t- g

~

~

f SURVEYOR'S NOTES

1. THIS SKETCH & DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2. THIS SKETCH & DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ~ ESTABLISHED IN CHAPTER 61 G1-6, FLORIDA ADMINISTRATIVE CODE. iii

/

3. THIS SKETCH & DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF AN OWNERSHIP & ENCUMBRANCE REPORT, THEREFORE THERE ~ MAY BE EASEMENTS, RESTRICTIONS, AND/OR RESERVATIONS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS. ~

4. THIS SKETCH & DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. ~ /

5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PER THE " ~

·~ QUIT CLAIM DEED RECORDED IN OFFICIAL RECORD BOOK 844, PAGE 1331, HAVING AN ASSUMED BEARING OF S89'22'E.

THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED.

INDIAN RIVER COUNTY ADMINISTRATION BUILDING '" " !NOlAN RIV£R COUNTY DRAWN BY• SECTION 02 1801 27th STREET -~ • B. ROACH

VERo BEACH, FL 3296o -i'(5i~.J, '< Oeparlmenl of Public Works APPRovED BY• TOWNSHIP 335 C772J s67-sooo ' "-' •' Engineering Division 0. 5/LON RANGE 39£

5K£TCH & 0£5CR!PT!ON OF

!.R.C. VOLUNTEER AMBULANCE SITE

~ SHEET

/":, OF2

•

EDGEWOOD'S SEi[;OND ADDITION TO VERO, FLORIOlA

UNNAMED STREET (60' WIDE PUBLIC RIGHT -OF-WAY)

~ .~,~ <D •

S. RIGHT OF WAY LINE

PLAT I BOOK 4, 0 30

AGE 3 60

0 0

N N b <D (I] -~tLO

20.92'/ / /INDIAN \RIVER COUNTY EMERGENCY SERVICES DEPARTMENT /// /// >///

S37"09' 40)ffi1~:/ /

0 "<!"

~~ 4~~~ /O~A S6'42'40"E~ <C..Y.'F

32.21'/ / / /

?d%~ BEGINNING

'" => z '" " I

1::

'" z :::;

~ I

"-0 I

>--I

" " 33-39-02 77.47' 00000-7000-00001.1 N INDIAN RIVER COUNTY

C/0 ST. FRANCIS MANOR

CORNER OF S.E. 1/4 OF

S. PROPERTY LINE 33-39-02-00000-7000-00001.4

INDIAN RIVER COUNTY EMERGENCY SERVICES DEPT.

~OINT OF CbMMENCEMENT ~2. T33S, R39~ ~ S89'22'00"E 978.48' S. LINE SECTION 2

CERTIFICATION

120

J-U_ "'"" ... ~ lou:> mN b~ z~

S;!EY~R/ NJD MAPPER IN

• /tM/!J m J·~ RESPONSIBLE CHARGE

'3 -t'·o'6

THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED.

'AVID M. SILON, P.S.M. DATE THIS IS NOT A BOUNDARY SURVEY

SKETCH TO ACCOMPANY LEGAL DESCRIPTION

w

0:::

~ w

PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT FLORIDA REGISTRATION NO. LS 6139 INDIAN RIVER COUNTY SURVEYOR AND MAPPER

1801 27th STREET ~'i . . DRAB. BYROACH SECTION °2 SKETCH & DESCRIPTION OF

~ • ~ ~ ~ ~ ~

~

~i-·· f ., .I _· ~ --i~ .'

f <,~.

I~~~/ /•

f~I~~J ~ z ······-' ~

.... , ··.··~I .. ,. ---L .. ~- ~

""'·' . 3 /~;

·~l!:J ···= ···~

SHEET

~ • ~ ~ " ~

I ~

" ~ ~

APPRDV£0 BY• TOWNSHIP 33S D. SILON RANGE 39E

3/:. OF2

INDIAN RIVER COUNTY ADMINISTRATION BUILDING I sv~!?}, /NOlAN RIVER COUNTY vERo BEACH, FL 32s6o - i'llJ\J, '<Deportment of. Public Works

{772) 567-sooo • ,,., > Engineering Dlvlslon /.R.C. VOLUNTEER AMBULANCE SIT£

TO:

FROM:

SUBJECT:

REF LETTER:

DATE:


MEMORANDUM

Joseph A. Baird, County Administrator _ (/)

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

The Moorings Club Request for County 25% Cost Share to Construct Harbour Drive Sidewalk

C. Hunter Jones, General Manager, The Moorings Club, to Tony Caldarone, President, dated 05/23/08



The Moorings Club has requested that the County construct a 5' wide sidewalk along the east side of Harbour Drive within 3,405 L.F. of County dedicated right-of-way. North of this section, the Moorings Club owns the remaining Harbour Drive right-of-way, north to the club. In conversations with the Moorings residents and Club Manager, it was explained by the Public Works Director that the County has a Special Assessment Program whereby the County funds 25% of the cost of local road improvements such as road paving and sidewalks if the remaining 75% of the cost is funded by benefitted property owners. The Moorings Club and/or P .O.A. is agreeable to fund the 75% share. The cost estimate for the 3,405 L.F. of sidewalk is $120,000.

ALTERNATIVES AND ANALYSIS

The County has cost shared in several sidewalk projects including the A-1-A multi-use path in the South Beach area. The alternatives are as follows:

Alternative No. 1 -Approve the County 25% Cost Share in the amount of $30,000 on a reimbursable basis. The Moorings Club will bid and manage the project. A joint project agreement will be prepared to authorize the project.

Alternative No. 2 - Deny the request.


Staff recommends Alternative No. 1 whereby a Joint project agreement is prepared for future Board approval to establish the 25% County cost share. Funding would be from account 10921441-035510, Petition Paving Materials.

ATTACHMENTS

Reference Letter

DISTRIBUTION

Jason Brown, Director, Mgmt. & Budget


F:\Public Works\Luanne M\Agenda ltems\Moorings Request for County pay 25% sidewalk 07-31-0S.doc 230

M May28, 2008

The Moorings Club

Dear Gentlemen:

I am updating all parties involved in our meeting with Mr. Jim Davis, Director of Public Works for Indian River County on Thursday, May 1, 2008. Jim had asked that I copy all parties on the progress.

I spoke with Jim on Thursday, May 22, and asked if we receive bids for the proposed sidewalk on the east side of Harbour Drive, would the county's 25% subsidy (Public Access) apply, and if so, how do we begin the process?

The proposed sidewalk would be approximately 3,405 feet from AlA to the cart path at hole #18.

5' WIDEPATHX$30/FOOT = SURVEY, ENGINEERING, ETC POSSIBLE COUNTY REBATE

$102.150 $120,000 ESTIMATE (25%)

We are presently awaiting current bids and will copy Jim Davis as we proceed to keep the process moving so we may begin at our earliest convenience. Please feel free to contact me with questions or concerns.

Sincerely,

(-·~ C. Hun~r _Jon~ CCM General Manager and Chief Operating Officer

cc: Tony Caldarone, President, The Moorings Club Jack Ernsberger, President, MPOA Dr. Donald Buebendorf, President Porpoise Bay Homeowners Association Jim Davis, Director of Public Works, Indian River County

100 Harbour Drive • Vero Beach, Florida 32963

Phone: (772) 231-1004 • Fax: (772) 231-7845 • www.themooringsclub.com 231

6> ()52 rt --j-"""

~)/f)

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


Honorable Board of County Commissioners

Joseph A. Baird, County Administrator •

John King, Director )\\{,..y Department ofEmer~y ~ervices

Brian Burkeen, Assistant Chief~

August 4, 2008

Approval of Renewal for a Class El Certificate of Public Convenience and Necessity for The Place at Vero Beach, Inc. to Provide Non-Emergency Wheelchair Services.

On August 22, 2006, the Indian River County Board of County Commissioners approved a Class E1 Certificate of Public Convenience and Necessity for The Place at V ero Beach, Inc. to provide wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period oftwo (2) years and will expire August 10, 2008. An application for renewal has been received and the renewal process should be accomplished prior to that date.

The Indian River County Code provides for routine renewal of the Certificate ofPublic Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate.

An application for the renewal of the Class E1 certificate has been submitted by The Place at Vero Beach, Inc. Staffhasreviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance.

RECOMMENDATION:

Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class E1 Certificate of Public Convenience and Necessity for The Place at Vero Beach, Inc., to be effective for a period of two (2) years from August 10,2008, to August 10,2010.

232

ATTACHMENTS:

1. Renewal Application from The Place at Vero Beach, Inc.

APPROVED FOR AGENDA

FOR August 12. 2008

BY..:::.....s,

233


APPLICA T/ON FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

FORA CLASS E1 CERTIFICATE

I. CLASSIFICATION OF CERTIFICATE REQUESTED

Non-Emergency Wheelchair Transportation Services

II. TYPE OF APPLICATION: .....,

~ = = :t = i"t'30

""' ::OM c::: ~v:JJ G") ~J::"r-1 I ~::on

-"" 0-{r'l '--<3-

NEW

-o (Jjrrl<

:X \T!Zfi1 ::-o~o - ::..:o

RENEWAL .. - -·;'i

N ·-, '

Ill. DATE OF APPLICATION:O z/J;fo~ APPLICATION FEE ATTACHED: YES D NO D

A NON-REFUNDABLE APPLICATION FEE OF $25.00 APPLIES TO INITIAL APPLICATIONS ONLY. The check must be made payable to INDIAN RIVER COUNTY, FLORIDA.

234

'•

1. TYPE OF OWNERSHIP:

2.

3.

Private J1Q Governmental D Volunteer D Not-For Profit D

NAME OF AGENCY/ORGANIZATION: T/1-£. ~L/14€ l'fr /W iitA:4 , BUSINESS ADDRESS: J f'.~rJ.JYk•eu) l3v-u_ /3/ud._ ~ CITY: ~~iJ l5;J4eA COUNTY: »#?'4--..d /~K ZIP CODE: 3cS-<[bl1 BUSINESS PHONE: ( 7?0l) "/7cQ- 87?'6

MANAGER'S NAME: r:Yj/J()/d: s. J:;,·,ueg

ADDREss: 3653: ~trd:.t-LJ Avu J!/?IL '

CITY: f/£44 /Yz-teh ZIP CODE: ._.3=-,;1~/j.-=--~-=-~------

PHONE:(/7 zt) 77d - .=1 2'fb

4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary).

NAME

Sfrlf/'r__ J /t=J.u/JJ J/; 'tf NJid l\ ljVZS

b/YJYJ'f /Ovnd1 cJ~r's~l)b,Z fo//l'lflb

I

235

5. PROVIDE NAMES, ADDRESSES AND PHONE NUMBERS OF AT LEAST THREE (3) LOCAL REFERENCES (attach sufficient documentation).

6. LIST A FACTUAL STATEMENT OF THE PROPOSED SERVICES TO BE PROVIDED, INCLUDING HOURS AND DAYS OF OPERATION, GEOGRAPHIC AREAS TO BE SERVICED, AND ANY OTHER PERTINENT DATA YOU WISH TO BE CONSIDERED (attach sufficient documentation).

7. COMMUNICATIONS INFORMATION:

TYPES OF RADIOS/EQUIPMENT (If Utilized) -----,,,_,tr/'--!..11-'----------______:_---

RADIO FREOUENCY(ies)

RADIO CALL NUMBER(s) (If Applicable)

8. BEFORE THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY IS ISSUED TO CONDUCT OPERATIONS, THE CERTIFICATE HOLDER SHALL FILE EVIDENCE OF INSURANCE WITH THE APPLICATION PROVIDING FOR PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE ON EACH VEHICLE TO BE OPERATED UNDER SAID CERTIFICATE IN AN AMOUNT NOT LESS THAN $500,000 COMBINED SINGLE LIMIT. THIS EVIDENCE SHALL BE IN THE FORM OF A "CERTIFICATE OF INSURANCE" ISSUED BY AN INSURANCE CARRIER OR ITS BONA FIDE AGENT OR BROKER.

9. ATTACH THE FOLLOWING COMPLETED DOCUMENTS WITH APPLICATION:

A. VEHICLE INFORMATION (form provided)

B. INSURANCE VERIFICATION (provide copy of policy, coverage limits must be shown on policy).

C. FEE SCHEDULE (If Applicable)

236

10. I, the undersigned representative of the above service, do hereby attest that my service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services.

I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority.

TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON THIS APPLICATION ARE TRUE AND CORRECT.

STATE OF FLORIDA COUNTY OF

· .Jhe foregoing instrument was acknowledged before me this ,;3tJ day of Q~ L~, 20~ by ~?1;1 th ;4 S. X·£1£S . He/she is personally kno~s produced a dri er's license as identification.

Personally known to me, or

D Produced identification:--------------------------Type of I.D.

NOTARY PUBLIC

~~@2-~"· State of Florida at Large

My~~~~~~--~ DONNA M. MUNDY Commission DO 721329 Expires January 28, 2012 S{jfjd" 'tillY T~ Fain lnstl!ance S00.385-70!9

237

NAME OF PROVIDER:

DATE:

SUBMITTED BY:


PERSONNEL ROSTER

721~ /.t ¢e_ £/Yz:&JA~ ?1?/~/o~

UYf-!'&;1 c). S#t::S

PLEASE LIST ALL PERSONNEL

FLORIDA STATE OPERATOR'S LICENSE#

LAST NAME FIRST & M.l. SOCIAL SECURITY # (If Commercal, specify class)

"" w 00

S"~-,9,0- 1fl)oG,

POSITION PRESENTLY EXP. DATE HELD WITH SERVICE

r}'.f.,(

' rec.~ tl1a~o?./.~e&l

i

I

NAME OF AGENCY/ORGANIZATION:

DATE:

SUBMITTED BY:


VEHICLE ROSTER

'7/ri A*~&= ~4(4;! &~ (!) 7/.ic~r

hYp'Xb?f c.J. aJC:z;:~s

VEHICLE IDENTIFICATION I PASSENGER MKE I [email protected] I YEAR I MANUFACTURE I MILEAGE I NUMBER (VIN) CAPACITY

FtJ~.J ... 64o IJ?~rl mt:!.JiJdtzL(j, i...v. r¥b '' ;::j)x ~w-,axn/Jt/ . .3-f/.kt. /6-

ro.ed lru~~ lt~flli? I ~ ..?1;1/tv-tb. j,~~ ?": ,, F.:8K~ lo ~ S3"ffe UA.f'7 /S

N w c.o

,

TAG#

d,DL/ lltiJ!1l rJIJ'l o sy

SERVICE ASSIGNED NUMBER


FEE SCHEDULE (If Applicable)

YEAR

SERVICE TYPE I BASE RA~E 1 MILEAGE WAITING SPECIAL CHARGES

N .,J::I.. 0

COMMENTS

..

Wausau Insurance Companies

COMMON POLICY DECLARATIONS

Policy number ASC-Y91-526416-738

Named Insured and Mailing Address THE PLACE AT VERO BEACH INC 3855 INDIAN RIVER BLVD VERO BEACH, FL 32960

Producer JONES, D. s. (D)

Fonn of Business Corporation

Assn

Policy Period: 01/01/2008 to 01/01/2009 at 12:01 A.M. standard time at above mailing address

In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES

Business Auto

' ' •..,t,j

' "

Total Premium Surcharges/Taxes/Assessments

Issued by: Employers Insurance Company of Wausau P. 0. Box 8017

PREMIUM

$4' 637

$4,637

$ 46

Wausau, VVI54402-8017 Telephone: 1-800-435-4401

Countersigned By k lt641

Forms Applicable: See Attached Inventory Authorized Company Representative

Issued: 01/16/2008 IC0002 Page1 ot241

r

POLICY NUMBER ASC-Y91-526416-738

ITEM TWO (Continued)

COVERAGES COVERED AUTOS

Supplementary Uninsured/ Underinsured Motorists (SUM) (NY only) Uninsured Motorists (Compulsory Limits $20,000/$40,000) (MA only)

Physical Damage Comprehensive Coverage (COMP) 07

Physical Damage Specified Causes Of Loss Coverage (SCL)

-Physical Damage Collision Coverage (COLL)

07

Physical Damage Limited Collision Coverage (MA only)

Physical Damage Towing and Labor

SCHEDULE PREMIUM

ENDORSEMENT PREMIUM

TOTAL ESTIMATED PREMIUM

LIMIT THE MOST WE WILL PAY FOR ANY

ONE "ACCIDENT" OR "LOSS"

See State Schedule of Limits for SUM Insurance

See UM/UIM Schedule.

Actual Cash Value or Cost of Repair, whichever is less, minus 500.00 deductible for each covered "auto". See ITEM FOUR For Hired or Borrowed "Autos."

Actual Cash Value or Cost of Repair, whichever is less, minus deductible for each covered "auto" for loss caused by mischief or vandalism. See ITEM FOUR for Hired Or Borrowed "Autos."

Actual Cash Value or Cost of Repair, whichever is less, minus 500. oo deductible for each covered "auto". See ITEM FOUR for Hired Or Borrowed "Autos."

Actual Cash Value or Cost of Repair, whichever is less, minus deductible for each covered "auto" as stated in ITEM THREE.

See ITEM THREE Schedule of Covered "Autos" You Own.

SURCHARGES, TAXES, &ASSESSMENTS SHOWN IN SEPARATE SCHEDULE ATTACHED.

This policy may be subject to final audit.

PREMIUM

$95

$236

$4,637

$4' 63 7

46

242

P('' ·r:y NUMBER ASC-Y91-526416-738

ITb .. fHREE - REFER TO THE SCHEDULE OF COVERED AUTOS YOU OWN

ITEM FOUR- SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS

LIABILITY COVERAGE- RATING BASIS, COST OF HIRE

STATE ESTIMATED COST RATE PER EACH $100 FACTOR (If Liability PREMIUM OF HIRE COST OF HIRE coveraqe is prim arv)

FL IF ANY LIAB 5.223 $544

TOTAL PREMIUM $544

Cost of hire means the total amount you incur for the hire of "autos" you dont own (not including "autos" you borrow or rent from your partners or "employees" or their family members.) Cost of hire does not include charges for services performed by motor carriers of property or passengers.

PHYSICAL DAMAGE COVERAGE

. LIMIT OF INSURANCE ESTIMATED RATE PER EACH PREMIUM COVERAGES THE MOST WE WILL PAY ANNUAL COST $100ANNUAL DEDUCTIBLE OF HIRE COST OF HIRE

Actual Cash Value or Cost of Repair, whichever is less,

...... "'mprehensive minus deductible for each covered auto, but no deductible applies to loss caused by fire or lightening. Actual Cash Value or Cost of

Specified Repair, whichever is less, minus deductible for each

Causes Of Loss covered auto, or loss caused by mischief or vandalism.

Actual Cash Value or Cost of

Collision Repair, whichever is less, minus deductible for each covered auto.

TOTAL PREMIUM

ITEM FIVE- SCHEDULE FOR NON-OWNERSHIP LIABILITY

NAMED INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM

Other than a Social Service Agency Number of Emolovees 86 $461 Number of Partners

Social Service Agency Number of Employees Number of Volunteers

Employees as Insureds Number of Employees , . 1nteers as Insureds Number of Volunteers . TOTAL PREMIUM $461

MP

243

SUMMARY OF REQUIRED STATE SURCHARGES

POLICY NO. ASC-Y91-526416-738

STATE FL HURRICANE CATASTROPHE FUND ASSESSMENT

GPO 3245

TOTAL SURCHARGE AMOUNT $46

SURCHARGE AMOUNT $46

244

:y Number ASC-Y91-526416-738

UNINSURED/UNDERINSURED MOTORISTS INSURANCE (UM/UIM) SCHEDULE

Note: Applicable endorsements may reduce the amount payable to less than the stated limit of insurance. This notation does not apply in Texas.

State FL

Coverage UM BI

Limits $l,OOO,OOO each accident

245

BUSINESS AUTO DECLARATIONS

POLICY NUMBER ASC-Y91-526416-738

ITEM TWO- SCHEDULE OF COVERAGES AND COVERED AUTOS

This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage.

LIMIT COVERAGES COVERED AUTOS THE MOST WE WILL PAY FOR ANY PREMIUM

ONE "ACCIDENT" OR "LOSS"

Liabil~y (LIAB) 02,08,09 $1,000,000 $4,050

Compulsory Bodily Injury $20,000 Each Person (MA only) $40,000 Each Accident

Optional Bodily Injury Each Person (MA only) Each Accident

F' 'erty Dam age ('- .• 1pulsory Limit $5,000) Each Accident (MA only)

Personal Injury Protection (PIP) Separately Stated in each PIP (or equivalent added No-Fault 05 Endorsement. $152

Coverage)

Added Personal Injury Protection Separately Stated in each ADDED PIP (PIP) (or equivalent added No-Fault Endorsement. Coverage)

Extraordinary Medical Benefits Separately Stated in the EMB Coverage (EMB) (PA only) Endorsement.

Optional Basic Economic Loss Separately Stated in the OBEL Coverage (OBEL) (NY only) Schedule.

Property Protection Insurance (PPI) Separately Stated in the PPI (MI only) Endorsement.

Medical Expense and Income Loss Separately Stated in the ME/ILB Benef~s (MEJILB) (VA only) Endorsement

Auto Medical Payments (MED)

Uninsured Motorists (UM) 02 See UM/UIM Schedule. $104

Underinsured Motorists (UIM) See UM/UIM Schedule. (When not included in Uninsured Motorists Coverage)

L.::

Includes copyrighted material of Insurance Services Office, Inc .• with its permission.

246

. '

Policy number ASC-¥91-526416-738

SCHEDULE OF COVERED AUTOS YOU OWN

(If different from the lim~ or deductible shown in Item Two of the Declarations, the Physical Damage lim~ or deductible shown in this schedule replaces the deductible shown in ITEM TWO, but only for that described "auto.") 0000 THE PLACE AT VERO BEACH INC

Auto GVW/GCW Cost ST Nbr Description Garaging Seating Capacity New (1) Class

9 $43,000 6452 FL 1 1996 FORD VERO BEACH 32960

TERRA TRANSIT Radius of Operation Local

VIN: lFDKE30G5SHC16757 COMP SCL COLL TOWING

ADDED ACV ACV Lim~ LIAB PIP PIP MED UM UIM $500 DED DED $500DED

$3' 045 $152 $104 $95 $236

CP-BI OP-BI PD PPI EMB ME/ILB SUM OBEL TOTAL $3,632

Radius of Operation VIN:

COMP SCL COLL TOWING ADDED Limit

LIAB PIP PIP MED UM UIM DED DED DED

CP-BI OP-BI PD PPI EMB ME/ILB SUM OBEL TOTAL


COMP SCL COLL TOWING ADDED Lim~


CP-BI OP-BI PD PPI EMB ME/ILB SUM OBEL TOTAL


COMP SCL COLL TOWING ADDED Lim~


CP-BI OP-BI PD PPI EMB MEIILB SUM OBEL TOTAL

(1) Cost New is the original cost new including the cost of any permanently attached equipment unless stated, valued or agreed amount indicated.

247

/

/

COMPANY: Employers Insurance Company of POLICY #:ASCY91526416738-112

YEARo 1996 ~~~Weo Ford Terra Tran VEHICLE 10# 1 FDKE30G5SHC16757

EFFECTIVE DATE: 01101/2008

iv1 PERSONAL INJURY PROTECTION rvl BODILY INJURY ~ BENEFrfSIPROPERTY DAMAGE LIABILITY ~ LIABILITY

NAMED INSURED:

ADDRESS: {OPTIONAL)

The Place at Vera Beach 3855 INDIAN RIVER BLVD VERO BEACH, FL 32960

NOT VALID FOR MORE THAN ONE YEAR FROM EFFECTIVE DATE

THIS CARD MUST BE KEPT IN THE INSURED VEHICLE AND PRESENTED UPON DEMAND

IN CASE OF ACCIDENT: Report all accidents to your Agent/Company as soon as possible. Obtain the following information:

1. Name and address of each driver, passenger and witness.

2. Name of Insurance Company and policy number for each vehicle involved.

Rental car coverage is provided, see outline of coverage.

MISREPRESENTATION OF INSURANCE ISA FIRST DEGREE MISDEMEANOR

ACORD 50 Fl{3194) # 46263 @ ACORD CORPORATION 1994

'

248

111/0' CONNELL INS.' 148 YISTA ROYALE SQ VERO BEACH, FL32962

Named insured

THE PLACE AT VERO BEACH HOSPITALITY SER OF PANAMA 3855 INDIAN RIVER BL VERO BEACH, FL 32960

Commercial Auto Insurance Coverage Summary This is your Declarations Page

PROOREIIIV£'

Policy number: 06489094-0 Underwritten by: Progressive Express Ins Company REFERENCE NUMBER: 090001150 July I, 2008 Policy Period: Jun 25, 2008- Jun 25,2009 Page 1 of 2

progressiveagent.com Online Service Make payments, check billing activity, print policy documents, or check the status of a claim.

772·567-7774 111/0' CONNELL INS Contact your agent for personalized service.

800-444-4487 For customer service if your agent is unavailable or to report a claim.

Your coverage began the later of June 25, 2008 at 12:01 a.m. orat the time yourapplication is executed on the first day of the policy period. This policy period ends on June 25, 2009 at 12:01 a.m.

Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto, unless the policy contract allows the stacking of limits. The policy contract is fomn 6912 (03/05). The contract is modified by fomns Z435FL (12/06), Z228 (07/05), 1652FL (08/06), 2852FL (1 0/04), 4757FL (1 0/04), 4852FL (1 0/04) and 4881 FL (1 0/04).

The named insured organization type is a corporation.

Outline of coverage Description

Liability To Others

... Bodily .In jury ~nd. Property. Da.ma9e Liability .. Uninsured Motorist Non-Stacked

Basic Personal Injury Protection

limits

. $300,000 combinedsin~le limit

$300,000 .combined sin~ I.e .limit

\Vith?ut.vvorkC?mp~Narned lnsuredO~IY ........... $10,000 each person.

~edica.l. Payments . . .................... $5~000 each person .. . Comprehensive

.. s.ee Auto c.ov.era.~e Schedule Collision

See Auto Coverage Schedule

~IJbtota.l.policy pre111iu111 ........... . Florida Humcane Catastrophe Fund Assessment

... Limit oflia~ility less ded~ctible

Limit of liability less deductible

...... ····· ..................................... ················ Total 12 month policy premium

Rated drivers

1. TAMARA KINNEY

2. DAVID CARLSON

3. DAVID CYR

Rlrm 6489 fL (05{06)

Deductible

$0

Premium

$826

230

262

45

74

172

. ............... $1,609,0~ 16.09

$1,625.09

Auto coverage schedule

Liability Premium

1. 2005 Ford E450 Super Duty VIN: 1 FDXE45PX5HA24226

Liability UMJUIM Bl PIP .............. ......... $826 $230 $262

Camp Comp Collision Deductible Premium Deductible

Stated Amount: Garaging Zip Code:

... ~~-~ ~-~~ .. $45

Collision Premium Physical Damage

Premium ................. . ............................. ············· .................. ········

$1,000 $74 $1,000 $172

Premium discounts Policy

06489094-0 Paid in Full Vehicle

$35,000 32960

2005 Ford E450 Super Duty Anti Theft Device 2 Passive, ABS and Air Bag

Agent signature

Company officers

~1 Secretary

Form 6489 Fl (05/06}

Policy number: 06489094-0 THE PLACE AT VERO BEACH

Page 2 of 2

Radius: 50

Auto Total

$1,609

u 0

~-o-

m= me-0-g-

250

;""·i

FLORIDA AU.TOMOBILE INSURANCE IDENTIFICATION CARD

Insurer. Progressive Express Ins Company

Policy Number: 06489094-0 Effective Date: 06/25/2008 to 06{25/2009

00 Personal Injury Protection 00 Bodily Injury liability Benefits/Property Damage liability

N•m•d'~}~~iif~n~./'31/"~--''"j'"fi'P"f? 1fj"ji£rc -"' ;"H'O'slifr'""# <ii _ : ~ £> _I -'-· f?:'-'~. -·- . -~Jl' ..

Vehicle: Year Make 2005 Ford

Model £450 Super Duty

Your Agent: 111/0' CONNEll INS /772-561-7774

VIN 1FDXE45PXSHA24226

Misrepresentation of insurance is a first degree misdemeanor. NOT VALID FOR MORE THAN ONE YEAR FROM EFFECTIVE DATE.

Form 4950 Fl (12/07)

251

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Directo

Christopher J. Kafer, Jr., P.E., County Engine=.--trY

Addendum No. 1 to the Professional Enginee · g Agreement with Masteller & Moler, Inc. - Services for Design and Permitting of 17th Lane S.W. from 27th Avenue East Approximately 900 LF- IRC Project No. 0803

August 5, 2008 CONSENT AGENDA


On September 18, 2007, the Indian River County Board of County Commissioners approved a Professional Engineering Services Agreement with Masteller and Moler, Inc. for design and permitting of17th Lane S.W. from 27th Avenue east approximately 900 LF for a Jump sum amount of $11,080.00. The original planned construction for 27th Avenue (4-lane roadway) will not be completed in the near future; therefore, staff has designed a southbound left-tum lane on 27th Avenue for the interim. Amendment No. 1 to the Professional Engineering Services Agreement with Masteller and Moler, Inc. is for revisions to original design to incorporate the modifications made by staff for a lump sum of$2,720.00.


Staff recommends approval ofLump Sum fee of$2,720.00 to Masteller and Moler, Inc. for Amendment No. 1 to the Professional Engineering Services Agreement for modifications for 17th Lane S.W., from 27th Avenue to approximately 900LF east of 27th Avenue, and authorizes the Chainnan to execute the Agreement.

Funding is approved and budgeted from Account Number 31521441-066510-05013.

ATTACHMENTS

1. AmendmentNo. 1 2. Addendum No. 1 from Masteller & Moler, Inc. dated 08/06/08

DISTRIBUTION

1. Masteller & Moler, Inc. 2. Michael D. Nixon, P.E., Roadway Design

Manager


FOR Angus! 12, 2008

Indian River Coon

Administration

Bud et

Le al

Risk Mana ement

Public Works

Engineering

F:\Engineering\Capital Projects\0803 17th Lane SW Roadway hnprovements from 27th Ave to approx. 900 LF eas BCC Agn Masteller & Moler Agree -Amend No. I 08-05-0S.doc

252

AMENDMENTNO.l TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR

17TH LANE S.W. (FROM 27TH AVENUE TOAPPROXllvlATEL Y 900 LF EAST OF 27TH A VENUE)- IRC PROJECT NO. 0803

This is an amendment to the existing AGREEMENT dated September 18, 2007, between Masteller & Moler, Inc. (ENGINEER) and INDIAN RIVER COUNTY (COUNTY). The proposed scope of work includes modifications of design to connect to 27th Avenue. All provisions of the original Professional Engineering Services Agreement shall remain in full force and effect unless otherwise specifically modified. This amendment addresses changes in "TIME OF COMPLETION" of this AGREEMENT.

SCOPE OF SERVICES

See attached Addendum #1 from Masteller & Moler; Inc. dated August 6, 2008, which specifies changes in "SCOPE OF SERVICES" and "COMPENSATION."

COMPENSATION

This section of the AGREEMENT entitles SECTION V- COMPENSATION shall be revised in response to the Scope of Modifications set out herein. The changes associated with this AMENDMENT NO.1 are as follows:

Fees for Engineering Services- Lump Sum Amount $2,720.00

TOTAL AMENDMENT NO. 1 $2,720.00

The changes associated with the AGREEMENT shall be increased from$ I 1,080.00 to $13,800.00.

The AGREEMENT is hereby amended as specifically set forth herein. All sections of the AGREEMENT shall reniain in full force and effect and are incorporated herein. This AMENDMENT NO.1 to the AGREEMENT, regardless of where executed, shall be governed by and construed by the Laws of the State of Florida.

TIME OF COMPLETION

Masteller & Moler, Inc. shall complete the design services within 30 calendar days of the Notice to Proceed. ·

F:\Engineering\Capital Projects\9611-CR 512 Widening\9611 CR 512 PHASE MA.GENDAS\BCC Agenda-Change Order #1 08-05-08 A.doc 253

In WITNESS whereof the parties have executed the AMENDMENT .NO. 1 this __ day of August, 2008.

OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature) Sandra L. Bowden (Printed name and title)

Approve~ by BCC ______ _

ATTEST: Jeffrey K. Barton, Clerk ofCircuit Court

Deputy Clerk

Masteller & Moler, Inc.

~ (SignatuwJ:::::=::======-----

\J l u..- t~J t J.,..J-(Printed name and t1lle)

' ,-~~~~L~

Witnessed by:

F:\Engineering\Capital Projeots\9611-CR 512 Widening\9611 CR 512 PHASE IVIAGENDASIBCC Agenda-Change Order# 1 08-05-08 A. doc 254

·~·=='MA:::=::S'=fiJ=\I::;;;;JifT.,EPiR='i:'&~M:;;:O~L;;=E=R=, IN=c=;============== f'M1 -CIVIL ENGINEERS -

July 31, 2007 Revised: August 30, 2007 Addendum 1 -August 6, 2008

Mr. Christopher J. Kafer, Jr., P.E. Indian River County Engineering Department 1801 27th Street Vero Beach, Florida 32960

RE: 171" Lane SW Roadway Improvements'- Addendum #1

Indian River County Public Works Department Indian River Couniy, Florida MM Project#0742

Dear Chris:

The folloWing is our proposed scope of services to amend our design for the 171h Lane SW Roadway improvements. Our July 8, 2008 plans illustrate ·the 171

" Lane. SW roadway improvements designed to meet Kimley-Horn's des[gn of 27th Avenue improvements (4-lane roadway). It is understood that the 4-lane improvements to 27th Avenue will not be constructed in the immediate future; however, the CoUnty has designed and will construct a southbound leftturn lane on 271h Avenue in the interim. We therefore propose to amend our 17th Lane SW

· .design to match the County's design of 27th Avenue.

It is also understood that the County wishes to expedite the construction of. the roadway . improvements described above. · As such, we are prepared to give the scope of services

described below .priority over other projects currently in our production schedule. Our August 4, 2008 meeting will serve a·s a "kick-off'' meeting and we will commence work as soon as this proposal is forwarded to the Board of County Commissioners (BCC) for approval.

Scope of Services

Task 1 - Construction Plans & Cost Estimate Update

We will revise the "begin project" in our Construction Plans to· the station and elevation we discussed during our August 4, 2008 meeting. In general, a low point will be added just east of the intersection, and a stormwater inlet a'nd related piping will be incorporated into the design. We anticipate making revisions to the plan, profile, Station 1 +DO cross section, and construction cost estimate.

Permitting is not included.

Project Schedule and Deliverables

Upon receipt of the County's Notice to Proceed the project will be performed to the following schedule: · ·

.. 100% Plans Submittal: Within 30 days of Notice to Proceed.

255

Mr. Christopher J. Kafer, Jr., PE Addendum 1 - Rev. 08/06/2008 -Page 2 of2

The following.deliverables will be provided:

• 1 00% Plans Submittal

o One (1) Set of Construction Plans (Hardcopy, signed and sealed)

o Electronic Copy of the Construction Plans (pdf format)

o Engineer's Cost Estimate

We propose to perform the Scope of Services for the following fees:

Task 1 Construction Plans and Cost Estimate Update: $2,720.00

Billing will be as follows: Project will be billed upon submittal of deliverables.

Any and all items not specifically set forth in this proposal are excluded. Specifically excluded items include but are not limited to soil borings, traffic studies, wetlands/endangered species studies/mitigation design, environmental permitting,· landscape/irrigation designs, off-site water/sewer extensions; shared parking studies, structural/electrical engineering, architecture, construction stakeout and inspection services.

All terms and conditions of the original contract shall apply.

SEM/JMB/vk Flle#0742 {0742_Addendum 1_Rev.-_080608.doc)

256

17th Lane SW Roadway Improvements- Amendment 1 Breakdown of Fees 6cAug-08

1. Construction Plans & C_ost Estimate U12date

Descri~tion Hours Principal: 2 @ $ P.E.: 8 @ $ Drafter: 20 @ $ Admin: 2 @ $

1 of 1

Masteller Moler, Inc. August 4, 2008

Rate Total 135.00 = $ 270.00

120.00 = $ 960.00

70.00 = $ 1,400.00 45.00 = $ 90.00

Total:!$ 2,12o.oo 1

0742xls2 57


TO: Joseph A. Baird' County Administrator

THRU: 0_..~~. James W. Davis, P.E., ~ V'" Public Works Director

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

CONSENT AGENDA

SUBJECT: Fellsmere 392 Developer's Agreement for Developer Contributions to Roadway Improvements on County Road 512



Fellsmere 392, LLC of Miami, Florida, is planning to develop a 392-acre mixed-use commercial and residential development to be called the Preserve at Fellsmere. The project is located on the north side of County Road 512, east of 1-95, within the municipal limits of the City of Fellsmere.

As a condition of annexation into the City of Fellsmere, and as stipulated in this agreement, Fellsmere 392 is required to:

1) Dedicate, without compensation, 4.35 acres of property to the County along the north side of CR 512 to allow for the widening of CR 512 from a 2-lane to a 4-lane roadway. The CR 512 widening project is currently under construction.

2) Grant, without compensation, a 15-foot temporary construction easement (0.85 acres) to the County along the north side of CR 512.

3) Grant, without compensation, an access easement to the County along the west side of 1 041

h Avenue, for access to the County stormwater pond,, 4) Pay the County $120,000 toward the installation of traffic signals at the intersections

of CR 512/1081h Avenue and CR 512/1041

h Avenue.

In exchange for the above, the County will provide Fellsmere 392 with access driveways along the north side of CR 512 at 1081

h Avenue, 1061h Avenue and 1041

h Avenue.

FUNDING

There is no funding impact to the County. No impact fee credits will be given in exchange for developer conditions #1-4 above.

C:IDOCUMENTS AND SETTINGSICHRISMIDESKTOPIFELLSMERE 392.BCC.DOC

258

Fellsmere 392 BCC meeting 08-12-2008 CONSENT AGENDA Item Page2

ALTERNATIVES AND ANALYSIS

The alternatives presented are:

Alternative No. 1 Approve the Developer's Agreement

Alternative No. 2 Deny Approval

RECOMMENDATIONS

Staff recommends Alternative No. 1 -Approve the Developer's Agreement.

ATTACHMENT 1. Developer's Agreement

DISTRIBUTION

Jason Brown, Budget Manager


FOR 08/12/2008

~£$ Indian River County

Administration

Budget

Countv Attorney

Risk Manaaement

Public Works

C:\DOCUMENTS AND SETTINGS\CHRISM\DESKTOP\FELLSMERE 392.BCC.DOC

Date Approved .d./ Y/'~lcr

.,uc ~T.P/5

().,... 8/~

259

DEVELOPER AGREEMENT BETWEENIND~RIVER COUNTY AND FELLSMERE 392 LLC TO CONVEY RIGHT-OF-WAY

AND JOINT AGREEMENT TO CONSTRUCT IMPROVEMENTS

ON INDIAN RIVER COUNTY ROAD 512

This agreement is made and entered into this ____ day of ______ _, 2008

by and between Fellsmere 392, LLC, a Florida limited liability company, 6401 SW 871h Avenue,

Miami, FL 33173 (hereinafter referred to as Fellsmere 392) and Indian. River County, a political

subdivision of the state of Florida, 1801 271h Street, Vero Beach FL 32960 (hereinafter referred

to as County).

WHEREAS, the County has jurisdiction over Indian River County Road 512 (CR-512)

and has current plans to widen the roadway from 2 to 4 lanes and make drainage improvements

thereto; and

WHEREAS, Fellsmere 392 is the owner of 392 acres of property (the Property) located

along the northern boundary ofCR-512 at its intersection with. Interstate 95 (1-95}, a sketch and

legal description of which is attached as Exhibit A and incorporated by reference herein; and

WHEREAS, Fellsmere 392 is planning to develop the Property as a commercial and

residential development to be known as the Preserve at Fellsmere; and ·

WHEREAS, the City of Fellsmere, as a condition of annexation into the City of

Fellsmere required Fellsmere 392 to dedicate needed right-of-way to the County in order for the

County to complete its plans for construction ofCR-512; and

WHEREAS, Indian River County and Fellsmere 392 can mutually benefit from an

agreement whereby Fellsmere 392 dedicates right of way to the County and contributes to the

cost of certain roadway improvements on CR-512 required as a result of their development and

the County constructs certain intersection, turn lane and edge of right of way improvements on

CR-512; and

Page 1 oflO

260

WHEREAS, the County has reviewed and approved Fellsmere 392's traffic impact

analysis based on the maximum traffic projected to be produced on the Property by land uses

allowed by the City of Fellsmere to Fellsmere 392, and the County has determined that the

project at the maximum traffic projected to be produced by the land uses allowed to the Property

by the City of Fellsmere meets County traffic requirements; and

WHEREAS, the County acknowledges that its review of the Project for traffic impacts

based on the maximum traffic projected to be produced by the land uses allowed to the Property

by the City of Fellsmere is complete and that any further review, fee collection, and approval

related io traffic generation, service, impact fees (County or City of Fellsmere), fair share

agreement, proportionate share agreements or other costs or agreements related to utilization of

the County road system except the costs or items set out in this Agreement and the issuance of

right-of-way permits for connection of the project to CR-512, will be collected or performed by

the City of Fellsmere; and

WHEREAS, except for the requirements set out in this Agreement the County represents

and warrants to Fellsmere 392 that sole local jurisdiction for future land use approvals for

development of the Property lies with the City of Fellsmere and by entering this Agreement

Fellsmere 392 is relying upon the representation and warranty of the County; and

WHEREAS, The County has determined that the project with traffic at the maximum

traffic projected to be produced by the land uses allowed to the Property by the City of

Fellsmere, contingent upon receipt, review and approval by the County of complete and correct

applications by Fellsmere 392 for right of way permits to construct or use the projects driveways,

is qualified to receive the right of way permits to connect to CR-512, and

WHEREAS, this agreement between the parties requires the County to construct three

driveways within CR-512 right-of-way, to wit: at 1041h Avenue, 1061

h Avenue and 108th Avenue

Page 2 of 10

261

to which Fellsmere 392 will connect the Property to CR-512 and in consideration thereof

Fellsmere 392 will dedicate property which the County requires to improve CR-512 by

. constructing intersection improvements; and

WHEREAS, Fellsmere 392 has submitted a pre-application to the City of Fellsmere of

the enhanced right-of-way improvements planned by Fellsmere 392; and

WHEREAS, as required by its annexation agreement, Fellsmere 392 will install and pay

for the costs· of the right-of-way enhancements, which include landscaping above County

. requirements as specified by the City of Fellsmere with the prior consent and approval of the

County; and

WHEREAS, Fellsmere 392 agrees to grant a perpetual, non-exclusive access easement

over the eastern side of Fellsmere 392's property to allow the County access onto 104th Avenue

north from CR-512 to a stormwater pond owned and maintained by the County for stormwater

from the widened CR-512 right-of-way; and

WHEREAS, the County will create an access easement for the northerly extension of

1 04th Avenue, a distance of approximately Three Hundred and Ninety Five (395) feet froi:n the

northerly edge of the expanded CR-512 right-of-way for the purposes of ingress and egress to the

Property for Fellsmere 392 and for access to the storm water management lake for maintenance

by the County;

NOW THEREFORE, it is agreed by and between the parties as follows:

1. The premises stated above are trne, correct and form a material part of this

agreement.

2. That the County has or will have jurisdiction over the right-of-way of CR-512 and

has all governmental authority to regulate construction in the right of way and agrees to properly

design; process and issue~rweway connection and utility right of way permits; and coristrnct tb,e

Page3of!O

262

access connections and utility stub-outs for Fellsmere 392 as indicated on the conceptual plan

attached as Exhibit "B," which shall include all roadway construction including Fellsmere 392

turn lanes within the right of way, but excluding sidewalks. The Fellsmere 392 driveway

confiiurations will be designed in accordance with County driveway standards to accommodate

the trip generation volumes specified in the approved traffic impact analysis for Fellsmere 392 .

. 3. In exchange for the mutual promises and conditions of the. County, Fellsmere 392

agrees to:

a. within Thirly (30) days of complete execution of this agreement and release by

Fellsmere 392's lenders of the land to be dedicated as right of way, convey by

warranty deed 4.35 acres of property to the County to be used as right-of-way for

the expansion of CR-512 along the northern edge of the existing CR-512 right

of-way from the eastern edge of Fellsmere 392's property. A sketch and legal

description of the 4.35. acres of land to be conveyed is attached hereto and

incorporated herein by refurence as Exhibit "C";

b. pay to the County the sum of $80,000 as its fair and complete share contribution

toward the cost of signalizing 104tb Avenue at its intersection with CR-512 and

c. Pay to the County the sum of $40,000 as its fair and complete share contribution

towards the cost of signalizing 108tb Avenue at its intersection with CR-512. The

general configuration of the lanes is depicted on the schematic or conceptual plan

attached hereto as Exhibit "B." Required payment for each location shall be

tendered by Fellsmere 392 within 30 days of complete execution of this

agreement.

d. Grant to the County an appropriate perpetoal, non-exclusive access easement for

shared access of 104tb Avenue extension to allow the County access to its

Page4of10

263

stonnwater tract to be constructed by the County in conjunction with its CR 512

improvement project to manage stonnwater from the widened CR-512. Fellsmere

392 shall be entitled and the County hereby agrees to allow Fellsmere 392 to

create and maintain driveways onto and access ways which utilize the extension

(whether by dedication or by easement) of 104th Avenue. as part of the

ingress/egress plan for Fellsmere 392's property described on Exhibit ''D" hereto.

e. ·Grant to the County a 15 foot temporary construction easement adjacent to the

right-of-way conveyed to the County in paragraph 3a above. A sketch and legal

description of the temporary construction easement is depicted on Exhibit C.

f. Fellsmere 392 shall receive no impact fee credits as a result of the dedications and.

contribution set out in paragraph 3.

4. In exchange for the mutual promises and conditions of Fellsmere 392 as stated

herein, the County agrees to:

a. accept the dedication of right-of-way of 4.35 acres to be used as right-of-way

for CR-512 as described on the attached Exhibit "C."

b. within Five Hundred and Forty (540) days from the date of complete

execution of this agreement and as required by this agreement to perform the

design, permitting and construction for access improvements on or at CR-512 as

illustrated on Exhibit ''B" attached hereto which shall be located on the dedicated

. property described on Exhibit "C" attached hereto. The improvements shall

·include:

i. full access intersection turning lanes at 104th Avenue, l06th Avenue and

1 08th Avenue,

ii. right and left turn lanes and signals at 1 08th Avenue and 1 04th Avenue, and

PageS of!O

264

iii. full access including right and left turn lanes but without signalization at

I 06th Avenue.

c. pay the costs of signalization for I 04th And 1 08th Avenues as specified in

paragraph 3, provide Fellsmere 392 with a full accounting of costs, and accept

the contribution by Fellsmere 392 for 108th Avenue signalization and the

contribution by Fellsmere 392 for 104th Avenue signalization.

d. provide an access easement or other similar legal instrument immediately

adjacent to the boundary of the Fellsmere 392 property where it abuts the CR-

512 right-of-way to extend 104th Avenue north ofCR-512 to allow access to

the County CR-512 stormwater pond. The County agrees to allow Fellsmere

392, its successors or assigns to create driveway connections to the extension

and to utilize the extension of 1 04th Avenue for all lawful purposes ordinarily

allowed for a roadway (public or private) controlled by a governmental entity.

e. accept from Fellsmere 392 the dedication of a perpetual non-exclusive access

easement to the storniwater tract for CR-512. Nothing herein shall be

construed to prevent Fellsmere 392, its successors or assigns from utilizing

the area of the non-exclusive easement or driveways or other uses so long as

they will not interfere with the County's perpetual, non-exclusive right of

access.

f. to immediately, upon execution of this agreement by all parties, commence

design and permitting for the construction of access improvements on CR-512

as described above and to complete the improvements within Five Hundred

and Forty (540) days from the date the agreement is fully executed.

Page6of10

265

g. The Property lies within the city limits of the City of Fellsmere and as such, is

stibject to .the land development and land use regulation of the. City of

Fellsmere and the State of Florida and not Indian River County.

h. The County and Fellsmere 392 shall coordinate and agree upon locations of

water, sewer, access points, and utility stub outs in the right of way to provide

Fellsmere 392 with efficient alignments and utilization of the Project.

i. The County shall promptly and without further contingency or payments of

any kind by Fellsmere 392 issue right-of-way permits to Fellsmere 392 for the

Project to connect to CR-512 at such time as complete and correct right of

way permit applications are made and review of the applications is timely

completed by the County.

5. General Provisions.

a. This Agreement represents the entire understanding between the parties with

respect to the transaction contemplated herein and supersedes, incorporates and

merges all prior negotiations, representations and agreements, . whether oral or

written. All understandings and agreements heretofore had between the parties

are merged intO this Agreement, which alone fully and completely expresses their

agreement.

b. This Agreemeut may not be amended, nor shall any waiver, change or

modification be affected, except by an . instrument in writing executed by or on

behalf of the party against whom enforcement is sought.

c. In the event of litigation to enforce the terms of the contract, the prevailing party

shall .be entitled to collect from the losing party reasonable attorneys' fees and

· costs of suit.

Page7ofl0

266

d. The parties agree that paragraph headings of this contract are for convenience

only and shall not be deemed to contribute to or be a part of the interpretation of

this contract. The language of the contract shall be construed as a body of

language intended to accomplish the agreement between the parties.

e. In the event of litigation regarding the terms of this contract or documents

executed as a result of this contract, venue of the action shall be in Indian River

County and Florida law shall apply.

f. The parties agree that they each have participated in the drafting of this agreement

and that the rule ofconstructing ambiguities against the drafter of a contract shall

not be applied in any judicial interpretation or determinations regarding the main

contract or this addendum.

PageS oflO

267

IN WITNESS WHEREOF, the parties hereto attached their hands and seals on this ____ day of, 2008.

Approved as to form and legal sufficiency

p-r-william K. DeBraal Deputy County Attorney

JNDIAN RIVER COUNTY, FLORIDA, by its Board of County Commissioners

~=~--~-------------Sandra L. Bowden Cbairman

Att~t~=------------------

J.K.Barton Deputy Clerk ·.

Page9of10

268

Signed, sealed and delivered in the presence of.

~)Ytrr/21 /1 df/ .

Prin~: At~ 0 :"zM1 eN

STA'IE OF FLORIDA COUNTY OF ~j rw(H:>!I..\e

Approved as to legal form:

By:----'----------~ Nrune: ____________________ __

Title:----~---------------

By:~~~~~~~~~~ Nrun~~~~~~~~~~----Title: __ _.,t.,...,n..,. .. _.,_,.,.,~~<?"-'»'-------------

Page lOoflO

269

"' -... 0

DESCRIPTION:

PARCEL 1:· ALL OF FRACllONAl. SECTION 16, TOYMSHIP ;31 SOUlH, RANGE 38 EAST, INDIAN RIVER COUNTY.

PARCEL 2:: ALL lHAT PART OF fRAC'TlONAL SECllON 17 LYING EAST OF I~TERSTAlE HIGHWAY 95, TOWNSHIP 31 SOUlH, RANGE 38 EAST, INDIAN RIVER COUNlY.

PARca 3: ALL 1HAT PART OF SECTION 20 1..'11NG EAST OF lN1ERSTA1E HIGHWAY 95 AND NORlH OF S.R. 512. LESS AND EXCEPT THOSE PARca5 AS DESCRIBED IN OFFlCIAL RECORD BOOK (O.R.B.) 3:59, PAGE 448, O.R.B. 392. PAGE 250, 399, PAGE 565, AND O.R.B~ 474, PAGE 965~ PUBUC RECORDS OF INDIAN RIVER COUNTY, FL.ORIDA; AlL IN TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY.

PARCEl ~ .

,-------:---~~---------.,----~~ ~ I . ~1 1--1 . / I __ .......,,...._/ I· C:::: I oo azarr~.a.- I [ // I o.a.aocw....,,_•.ae~

1.

I / I I I // I · ·I

~ •• North

n;E SOU-n;WEST 1/4 OF n;E NOR-n;WEST 1/4 AND ALL n;AT PART OF n;E NOR-n;WEST 1/4 OF 1HE SOU1HYI6T 1/4 LYING NORTH OF lHE NORlH RIGHT-OF-WAY UNE OF. STATE ROAD 512. AND AU. OF FRACllONAL GOVERNMENT LOT 1, All. LYING IN SECnON 21, TOWNSHIP 31 SOUTH, RANGE 38 EAST. LESS AND EXCEPT THAT PART OF GOVERNMENT LOT 1 AS RECORDED IN OFFJCIAL RECORD BOOK 852, PAGE 81S. PUBUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: .

I . r------ ~------~~L~--r--------------~ : / J: _j I , . I .......,., I !A~ I n'!'·at.s .• ~sa& I

CONTAINING '391.64 ACRES MORE ·oR LESS.

-·· .......,.,......,.

p ........

I I

\

w =•-• 1 I 1 -~~~v· I

•I I I ~~~ · I ~"""""• I

"''"'~""""" ,SI I I ''"'' •1 I I =vfi '1- .

NIII'.I/40P--l,l'· ......,.a

=.~t:- .-;e. •"' . I . ! .:l!.~;fL(-~-L-------.---L--No~EU.tW ___ [ _________ _

,"'~' I ~:// . ~~., -, I I I

~I ~I .I ............

I. ~~ l

I!IBCI'DON .~~ rw;p, 1!.1 ... lVC'G. ;!18 ••

tl ~I •I I I I I

.. .,.., .. 2"fn", 8J. ll., JUIMI. A & ~NarF-'of~~'

2'1!13.iB' --------

KNIGHT, McGUIRE & ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS .~!~0!~!~!9.~, ~~~01 VERO BEACH,FL 31.960

~j\!'W

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

N -.J .......

0 North

........_.,.__THE PRESfRVE

'-..PROPOSED 10' WIDE CONCRETE ....... ~ .... •• ....... DEVE!.OPER

MEDIAN

PRESERVE AT

PROPOSED 12• WM SlUB-OUT( BY I.R.C •

PROPOSED 12' WM BV I.R.C.

C.R.512

PROPOSED s• FM BY I.R.C.

C.R.512

·'-'"'·~:.·"""'·"'' - ....

ExhibitB

PRESERVE AT

.-.•. ·.·-·•:--::·-.~·z;~~:-;--.::.•:.:;·.-:.·.-:--. .. · . ., •• ,_.-.-

--

"-""1"--THE PRESERVE AT FELLSMERE SllE

··~~_. ... ,_:~~·.-."-:i'.:.:;~-.. ~ .. :: .. :.:.•:,:~:.: .... -.~.-:.-.::-:::.-; ........ .

MEDIAN

- -KNIGHT, McGUIRE & ASSOCIATES, INC.

CONSULTING ENGINEERS AND PLANNERS PHONE:

N -...J N

LEGAL DESCRIPTION - PARCEL A BEING A PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SEcnON 21, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND A PORTlON OF" THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 CF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST BEING MORE FULLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE INTERSECTION OF" THE NORTH RlGHT OF" WAY UNE OF COUNTY ROAD 512 AND THE EAST UNE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF" SAID SECTION 21: THENCE THE FOLLOWING CALLS ALONG SAID NORTH RIGHT OF WAY UNE; N69'33'56"W, 1.96 FEET; N66"11'47"W, 250.21 FEET; N69'34'01"W, 999.89 FEET; N69'40'39"W, <;19.92 FEET; N66"21'25"W, 52.02 FEET; N60'03'13W, 48·.60 FEET; NB1'59'13"W . 103.05 FEET; N00'32'12"E 10.00 FEET; THENcE LEAVING NORTH RIGHT OF" WAY UNE; S88'51'21"E, 33.27 FEET; THENCE N00'2·1'41"E, 54.72 FEET TO A POINT ON A CURVE FROM WHICH THE RADIUS POINT BEARS S03'11'17"E; THENCE ALONG A CURVE TO THE RIGHT, HAVING A DaTA OF 03'35'27", A RADIUS. OF 5633.21 ·FEET, AN ARC LENGTH OF 365.56 FEET TO THE POINT OF TANGENCY; THENCE S69'34'01 'E. 1555.43 FEET TO SAID EAST UNE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SEcnON 21; THENCE S00'25"34"W ALONG SAID EAST UNE A DISTANCE OF" 103.50 FEET SACK TO THE POINT OF BEGINNING. CONTAINING 4.27 ACRES MORE OR liSS.

0 North

"' "' ~

EAST UNE OF THE NE 1/4 OF --1 THE SE 1/4. SECTION 20-31-38

I

NfV i/4. OF T.BE EIW i/4 J SECTION 21

EAST LJNE OF THE NW.1/4- OF THE: SW 1/4. SECTION 21-31-38

....

"' ~-

-,., g;j. qq.

ili -:!! ~VI-

NOT INCUJDED §~~· 1!1'1 LESS AND EXCEPT PARCEl. i5 ~

PER O.R. BOOK 392, PAS£ 260 ~ • .._l AND O.R. BOOK J&S, P~GE 555

_g; 8"' -~ 8.~

o1

DESCRIPTION - PARCEL B

PARCEL B 0.06 ACRES

z ~s ~~ N.;f::

ol

1-~

~ 18

I

VERO LAKE ESTA1ES SUB UNIT H--4

PARCEL C PROPOSED 15' CONSTUC110N EASEMENT ALONG ~ERE 392 FRONTAGE OF C.R. 512 --- ·--~·

~--l ~--l NORT!H R/W

UNE S.R. (C.R.) 512

PINE LAKE ESTA 1ES UNIT 1

OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 CF SEcnON 20, TOWNSHIP 31 SOUTH, RANGE 36 EAST BElNG MORE FULLY FOLLOWS:

COMMENCE AT THE INTERSEcnON OF THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 512 AND THE EAST UNE OF THE NORTHWEST 1/4

IOF THE SOUTHWEST 1/4 OF· SAID SECTION 21; THENCE THE FOLLOWING CALLS ALONG SAID NORTH RIGHT OF" WAY UNE; NB9'33'56"W, 1.96 FEET; NB8'11'47"W, 2~0.21 FEET: NB9'34'01"W, 999.69 FEET; N89'40'39"W, 499.92 FEET; N6B'21'25"W, 52.02 FEET; N80'03'13"W, 48.60 FEET; N81'59'13"W 103.05 FEET; N00'32'12"E 10.00 FEET; N65'27'37"W A DISTANCE OF 167.53 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING N85'35'06"W 253.74 FEET; N89'23'41"W, 88.16 FEET TO A POINT ON A CURVE FROM WHICH THE RADIUS POINT BEARS N00'23'22"E: -"-NCE ALONG A CURVE TO THE LEFT, HAVING A DELTA OF 03"25'40•, A RADIUS OF 5708.67 FEET, AN ARC LENGTH OF 341.53 FEET TO THE POINT

TANGENCY; THENCE S00'30'00"W A DISTANCE OF 28.35 FEET TO THE POINT OF BEGINNING. CONTAINING 0.06 ACRES MORE OR LESS.

~i

S00'25'34"W 193.50'

Sheetl of2

KNIGHT, McGUIRE & ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS

. ~!!J!~!'EJI.f POINTE, SIJITE 101 VERO BEACH, FL 32960 A"nV1 .. 6; V IAJ ~o"";J"""' rAX: (772) 569·1455 E-MAIL: [email protected]

• Oll006'l35

N -.J w

LEGAL DESCRIPTION - PARCEL C BEING A PART OF THE NORTHWEST 14 OF THE SOUTHWEST 14 OF SECTION 21, TOWNSHIP 31 S, RANGE 38 E AND A PORTION OF THE NORTHOAST 14 OF THE SOUTHEAST '!4 OF' SECTION 20, TOWNSHIP 31 S, RANGE 38 E BEING MORE FUU.Y DESCRIBED AS FOLLOWS: PARCEL Co COMMENCING AT THE IIITERSECTION OF THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 512 AND THE EAST LINE OF THE NORTHWEST 14 OF THE SOUTHWEST 14 OF SAD SECTION 21, THENCE N D0'25'34" E, ALONG THE EAST LINE OF THE SAID SECTION 21 A DISTANCE OF 103.50 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTlON; THENCE lEAVING THE EAST UNE OF SAID SEC110N 2.1; N 89"34'01 W, A DISTANCE OF 1555.43 FEET TO"A POINT ON A CURVE FROM WHICH THE RADIUS POINT BEARS S 00'25'59" W; THENCE ALONG A CURVE TO THE UEFr, HAVING A DELTA OF 03':35'27", A RADIUS OF. 5833.21 FEET AND AN ARC LENGTH OF 3~.~8 FEET; THENCE N 00'21'41" E. FOR A DISTANCE OF 15.03' TO A NON-TANGENT CURVE. CONCAVE TO THE. RIGHT FROM WHICH THE CHORD BEARS N 88'38'32" E FOR A DISTANCE OF 365.54 FEET, HAVING A RADIUS OF 5848.21 FEET, A DELTA OF 03'34'55" AND AN ARC LENGTH OF 365.60 F£ET; THENCE S 89'34"01" E, A DISTANCE OF 1555.43 F£ET; THENCE S 00'25'34" W, A DISTANCE OF 15.0D FEET BACK TO THE PONT OF BEGINNING. CONTAINING 0.66 ACRES MORE .OR LESS.

LEGAL DESCRIPTION - PARCEL D BEING A PART OF THE NE 14 OF THE SE 14 OF SECTION 20, TOWNSHIP 31 S, RANGE 38 E. BEING MORE FULLY DESCRIBED AS FOLLOWS: PARCEL D: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 512 AND THE EAST LINE OF THE NW 14 OF THE SW 14 OF SECTION 21; THENCE THE FOLLOWING CALLS ALONG SAID NORTH RIGHT OF WAY LINE; N 89'33'5B"W. 1.96 FEET; N 88'11'47"W, 250.21 FEET: N 89'34'01"W 999.89 FEET; N 89'40'39"W, 499.92 FEET: N 88'21'25"W, 52.02 FEET: N 80'03'13"W, 48.60 FEET; N 81'59'13"W, 103.05 FEET; N 00'32'12" E, 10.00 FEET; N 85'27'37"W, 167.53 FEET; THENCE LEAVING NORTH RIGHT-OF-WAY LINE; N 00'30'00"E, 28.35 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING ALONG A CURVE FROM WHICH THE RADIUS POINT BEARS N 3'02'1S"W, THENCE ALONG A CURVE TO THE WEFT, HAVING A DELTA OF 3'25'40', A RADIUS OF 5708.67 FEET, AN ARC LENGTH OF 341.53 FEET TO A NON-TANGENT UNE; THENCE N 69'23'41"W, 109.50 FEET: THENCE N 69'30'59''W, 100.00 FEET; THENCE. N00'28'27"E, 15.00 FEET; THENCE S 89':30'59"E, 100.02 FEET: THENCE S 89'23'41"E, 109.48 FEET TO A POINT ON A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS N 00'2:3'21"E; TIHENCE ALONG A CURVE TO THE LEFT, HAVING A DELTA OF 3'26'13" A RADIUS OF 5693.67 FEET, AN ARC LENGTH OF 341.53 FEET TO A POINT ON A NON-TANGENT LINE; THENCE S 00'30'00"W, 15.03 FEET TO THE POINT OF BEGINNING. CONTAINING 0.19 ACRES MORE OR LESS.

Sheet2 of2 ORAWfN<nijAM£WEXHIBIT- C ExhibitC

Right-of-Way Dedication KNIGHT, McGUIRE & ASSOCIATES, INC. ·

coNSULTING ENGINEERS AND PLANNERS SCALE as noted

Fellsmere 392 LLC 80 ROYAL PALM POINTE, SUITE 401 VERO BEACH, FL 3:1%0

PHONE: (77%) 569-SSOS FAX: (772) 569·1455 E-MAIL: [email protected] CERTIFICATE OF AUTHORIZATIONNUMBER·00006335 ..

D~GN/DRAWNIIDSK/ACM/CRW

DATE 08/06/2008

PARCELE ACCESS EASEMENT --

To be granted to Indian River County (0,76AC)

The Preserve at Fellsmere P.D.

Lot 11

@ North

--------~

"4!,----, '

PARCELF '1---- ACCESS EASEMENT

To be granted to Fellsmere 392 UC (0.38 f>C)

R ~ 495,50' = 121.07'

tJ. ~ 14'00'00"

Indian River County Stormwater Tract

C.R.512

--,'\ --

ExhibitD INC Shared Access Easements

Fellsmere 392 ILC

'

274

LEGAL DESCRIPTION - PARCEl E BEING A PART Of THE NORTHWEST U OF THE SOlJTllWEST U OF SECTION 21, TOWNSHIP 31S, RANGE 38 E BEING MORE FULLY DESCRIBED AS FOLLOWS: PARCEL E: COMMENCING AT THE INTERSECTION .OF THE NORTH RIGHT-OF-WAY UNE OF COUNTY ROAD 512 AND THE EAST UNE OF THE NORTHWEST U OF THE SOUTHWEST 14 OF SAID SECTION 21; THENCE N 00"25'34"E, A DISTANCE OF 103.50 FEET TO THE POINT· OF BEGINNING. THENCE FROM THE POINT OF BEGINNING S 89'34'01 "E, A DISTANCE OF 62.50 FEET; THENCE N 00'25'34"E, A. DISTANCE OF 83.48. FEET TO A POINT ON A TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A DElTA OF 14"00'00'", A RADIUS OF 370.50 FEET. AN ARC L£NGlH Of 90.53 FEET TO THE POINT OF TANGENCY; THENCE N 13'34'26"W. A DISTANCE OF 103.44 FEET; THENCE N 11'51'47"W, A DISTANCE OF 124.37 FEET; THENCE S 89'34'26"[, A DISTANCE OF 125.00 FEET; THENCE S 00"25'34"W, A DISTANCE OF 395.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0. 76 ACRES MORE OF LESS.

LEGAL DESCRIPTION - PARCEL F BEING A PART OF THE NORTHWEST 14 OF THE SOlJTllWEST 14 OF SECTION 21; TOWNSHIP 31 S, RANGE 38 E BEING MORE FULLY DESCRIBED AS FOLLOWS: PARCEL F: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-Of-WAY LINE Of COUNTY ROAD 512 AND THE EAST UNE Of THE NORTHWEST J4 Of THE SOUTHWEST 14 OF SAID SECTION 21; THENCE N 00"25'34"E, A DISTANCE OF 103.50 FEET TO THE POINT OF BEGINNING. THENCE N 00'25'34"E, A DISTANCE OF 395.00 FEET; THENCE S 13'34'26"E, A DISTANCE OF 197.51 FEET TO A POINT ON A TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A DELTA Of 14'00'0()", A RADIUS OF 495.00 FEET, AN ARC LENGTH OF 121.07 FEET TO THE POINT OF TANGENCY; THENCE S 00'25'34"W,' A DISTANCE OF 84.29 FEET; THENCE S 89'34'01"E, A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING. CONTAINING 0.38 ACRES MORE OR UESS.

Sheet2of2

ExhibitD Shared Access Easements

.KNIGHT,McGUIRE&ASSOCIATES, INC .. ~~ CONSULTING ENGINEERS AND PLANNERS · 80ROYALPALMPOJNTE,SUITE401 VEROBEACB,FL.32960 .

PHONE: ('172) Sfi9.SSOS FAX: ('172) Sfi9.145S E-MAIL: Civir@Ioigb!M<Guke.mm CERTIFICATE OF AUTHORIZATIONNVMBER·~ · Felhmere 392ll..C

275

J D/1;1.


MEMORANDUM


Public Hearing (Quasi-Judicial)

ity Development Director

THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning

FROM:

DATE:

RE:

Steven Deardeuff; Senior Planner, Long Range Planning

July 15, 2008

PLC LLC's Request to Rezone ± 2.61 Acres from CH to CG (RZON-2002100214-61778)

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 12, 2008.


This is a request to rezone ±2.61 acres from CH, Heavy Commercial District, to CO, General Commercial District. Depicted in the figure below, the subject property is located at the southwest quadrant of 4 3 rd A venue and 41 '1 Street. The purpose of this request is to secure the necessary zoning to develop the subject property with uses permitted in the CO zoning district.

On July 10, 2008, the Planning and Zoning Commission voted 6-0 to recommend that the Board of County Commissioners rezone the property as requested.

276

Existing Land Use Pattern

This area of the County mainly contains industrial and commercial zoning districts. There is, however, an RS-6 residential zoning district to the northeast of the subject site.

Currently, the subject property is undeveloped. Prior to 2004, mobile homes were located on the subject property. Subsequently, these mobile homes were removed.

The properties to the east of the subject property, across 43'd Avenue, are zoned CHand contain various commercial uses. To the south of the subject property, land is zoned CH and contains contractors trade uses. The land to the west of the subject property is within the City Limits of Vero Beach and is the site of the city's shooting range. To the north, the property is zoned IG, General Industrial District, and contains the Indian River County Road and Bridge Facility. At the northeast comer of the intersection of 41't Street and 43'd Avenue, the property is currently undeveloped and zoned RS-6, single family residential, up to 6 units/acre.

City of Vero Beach

Future Land Use Pattern

The subject property and properties to the east and south are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. The C/I designation permits various commercial and industrial zoning districts. Properties to the west of the subject property are within the city limits of Vero Beach and are designated Muni on the Comprehensive Plan's Future Land Use Map. Properties to the north of the subject property are designated as Public.

2

277

Environment

The Comprehensive Plan does not designate the subject property as environmentally important or environmentally sensitive. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas.

Utilities and Services

The site is within the Urban Service Area of the County. Wastewater service is available to the site from the Central Wastewater Treatment Plant, while potable water service is available to the site from the North County Reverse Osmosis Plant.

Transportation System

The subject property's east boundary abuts 43'd Avenue, a road which is classified as an Urban Minor Arterial on the Future Roadway Thoroughfare Plan Map. This segment of 4 3 rd A venue is a two lane paved road with approximately I 00 feet of existing public road right-of-way. Abutting the north boundary of the subject property is 41st Street, a road which is classified as an Urban Collector. This segment of 41st Street is a two lane paved road with approximately 100 feet of existing right-of-way. According to the County's Comprehensive Plan, no additional right-of-way is needed for improvements for either 43'd Avenue or 41st Street.

3

278

Zoning District Differences

In terms of permitted uses, there are both similarities and differences between the existing CH district and the proposed CG district (see Attachment 4). Their respective purpose statements best illustrate the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows:

CH: Heavv Commercial District. The CH, heavy commercial, district is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts.

CG: General Commercial District. The CG, general commercial, district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses.

ANALYSIS

In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include:

• An analysis of the request's impact on public facilities; • An analysis of the request's consistency with the county's comprehensive plan; • An analysis of the request's compatibility with the surrounding area; and • An analysis of the request's potential impact on environmental quality.

Concurrency of Public Facilities

This site is located within the County's Urban Service Area, an area deemed suited for urban scale development. For sites within the Urban Service Area, the Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained.

Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required.

Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, County regulations call for the

4

279

concurrency review to be based upon the most intense use of the subject property based upon the requested zoning district. For heavy commercial zoning, the most intense use (according to the County's Land Development Regulations) is 20,000 square feet of gross floor area of general industrial per acre of land proposed for rezoning. For general commercial rezoning requests, the most intense use according to county land development regulations is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for rezoning. The site information used for the concurrency analysis is as follows:

Size of Area to be Rezoned: ± 2.61

Existing Zoning District: CH, Heavy Commercial

Proposed Zoning District: CG, General Commercial

Most Intense Use Under Existing Zoning District: 52,400 sq. ft. of General Industrial

Number of Daily Trips Generated Under Existing Zoning District: (16.3 x 52,400) +1000 = 854

Most Intense Use Under Proposed Zoning District: 26,200 sq. ft. of General Commercial

Number of Daily Trips Generated Under Proposed Zoning District: (94.7 x 26,200) + 1000 = 2,481

Transportation

As part of the concurrency review process, the applicant submitted a Traffic Impact Analysis (TIA). A TIA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and it assigns those trips on the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3(a) of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction project trips for four-lane (or wider) roadways.

For this rezoning request, the County's Traffic Engineering Division reviewed and approved the TIA. According to the approved TIA, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 26,200 square feet of general commercial use on the subject property. A summary of the Traffic Impact Analysis is provided in Attachment 3.

5

280

With the proposed zoning, the most intense use of the subject property will result in water consumption at a rate of 6 Equivalent Residential Units (ERUs), or 1,500 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property will be served by the North County Reverse Osmosis Plant, which currently has sufficient capacity to accommodate the additional demand generated by the proposed rezoning.

Wastewater

Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 6 Equivalent Residential Units (ERU), or I ,500 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. County wastewater service is available to the site from the Central Wastewater Treatment Plant, which currently has sufficient capacity to accommodate the additional wastewater generated by the subject request.

Solid Waste

Solid waste service includes pick-up by private operators and disposal at the county landfill. For a 26,200 square foot commercial development on the subject site, solid waste generation will be approximately 129 waste generation units (WGU) annually. A WGU is a Waste Generation Unit measurement equivalent to one ton (2,000 pounds) of solid waste. Using the accepted conversion rate of one cubic yard for every I ,200 pounds of compacted solid waste generated, the 26,200 square feet of commercial development would be expected to generate 215 cubic yards of waste/year.

A review of the solid waste capacity for the active segment of the county landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district.

Stormwater Management

All developments are reviewed for compliance with county stormwater regulations, which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Since the site is located within the C-1 Drainage Basin and the Indian River Farms Water Control District (IRFWCD), development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate.

In this case, the minimum floor elevation level of service standard does not apply, since the property does not lie within a floodplain. Both the on-site retention and discharge standards apply. The stormwater management level of service standard will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and maintaining on-site retention of the storm water runoff for the most intense use of the property.

6

281

As with all development, a more detailed review will be conducted during the development approval process.

Recreation

Recreation concurrency requirements apply only to residential development. Therefore, this rezoning request is not required to satisfy recreation concurrency requirements.

Concurrency Summary

Based upon the analysis conducted, staff has determined that all concurrency-mandated facilities, including stormwater management, roads, solid waste, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request.

When new development is proposed for the subject property, a more detailed concurrency analysis will be conducted during the development approval process.

Consistency with Comprehensive Plan

Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County.

The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.15 and 1.16.

• Future Land Use Element Policies 1.15 and 1.16

Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be located within the county's urban service area. Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall permit uses that include retail, office, and service commercial development.

Since the subject property is located within the County's urban service area and the requested CG district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.15 and 1.16.

7

282

While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan.

Compatibility with the Surrounding Area

Staffs position is that either the current zoning district or the requested zoning district is appropriate for the site and that development under the requested zoning district will be compatible with surrounding land uses. Like the subject property, land to the east and south is zoned CH. Since CH and CG are both commercial districts, no incompatibilities are anticipated with land to the east and south.

Because CG zoning allows uses that have the potential to produce noise, odors, and site related lighting, there is a need to consider incompatibilities when CG zoning would abut a residential district. In this case, the land to the northeast of the subject property is zoned RS-6, but is currently undeveloped and does not abut the subject site.

Since permitted uses under CH and CG are similar, the proposed CG zoning for the subject property would not have any more impacts on the nearby RS-6 zoned property than the existing CHzoning.

Also enhancing compatibility between the subject property and residential land to the northeast are roadways that separate the subject property from the residentially zoned property. Together with the buffers and setbacks that will be required of any commercial development on the subject property, the separation provided by the intersection at 43'd Avenue and 41" Street, will mitigate impacts from commercial development on the subject property and enhance compatibility.

Property to the north is zoned general industrial, therefore; development on the subject property under the CG zoning district should not have any adverse impact on the property to the north.

For those reasons, it is staffs position that development of the site under the requested CG district will be compatible with surrounding areas.

Potential Impact on Environmental Quality

Environmental protection regulations are the same for the CH and the CG zoning districts. Because the subject property is not environmentally significant or environmentally important, rezoning the site will not impact significant natural resources.

CONCLUSION

The requested zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial uses, the subject property meets all applicable criteria to be rezoned CG. For those reasons, staff supports the request.

8

283

RECOMMENDATION

Based on the analysis conducted, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CH to CG by adopting the attached ordinance.

ATTACHMENTS

1. Summary Page 2. Rezoning Application 3. TIA Summary 4. Table of Uses for Commercial Zoning Districts 5. Minutes for the July 10, 2008, Planning and Zoning Commission Meeting 6. Ordinance

Approved Agenda Item Indian River Co. Approved Date Admin. ~ ¥h/o'1 Legal 7~3l Budget ..... '~ 1!6- '1/,gJ/oR-Dept. 'J, .A/!k 'r/:L~ },-_ Risk Mgr. :0 By:~

For: 1!-/J.-o'Y

9

)i'

284

Staff Contact

Date Advertised:

#of Surrounding

Property Owner

Notifications: Date

Notification Mailed:

Date Sign Posted:

GENERAL Applicant: Location: Acreage: Land Use Designation: Existing Zoning: Requested Zoning: Existing Land Use:

ADJACENT LAND

SUMMARY PAGE

PLC,LLC Southwest comer of 4 3 rd A venue and 41st Street ±2.61 CII, Connnercial/Industrial CH, Heavy Connnercial District CO, General Commercial District Vacant

North: IG, General Industrial South: CH, Heavy Connnercial East: CH, Heavy Connnercial West: City ofVero Beach, Muni

INFRASTRUCTURE Wastewater service is available to the site from the Central Regional Wastewater Facility, while potable water service is available to the site from the North County Reverse Osmosis Plant.

ENVIRONMENTAL CONSTRAINTS None I Flood Zone X

PUBLIC NOTIFICATION

Planning and Board of County Zoning Commissioners

Commission Steven Steven

Deardeuff Deardeuff

June 25, 2008 July 28, 2008

12 12

June 25, 2008 July 28, 2008

June 25, 2008 July 28, 2008

STAFF RECOMMENDATION Approval

ATTACHMENT 1

10

285

APPLICATION FORM REZONING REQUEST (RZON)

INDIAN RIVER COUNTY

i.\$2.S 3DJt, ; :t> .... .? ..; :p .... i)il'O $?

/(v.,' t-..'?R '1! ~'\ '·'"' Each application must be complete when submitted and must inclu[g all ''!".S~t~XiJk~"ij:,,~\1 <:Jl

atta~hments. An incomplete application will not be processed and will be~tur~!-~~:}d:ffi'fl• ;;} applicant. \<~. \! · _ r61

~0 ,,~1 Assigned Project Number: RZON- Jl D 0 :Z I DD Z!C/- I. I '7 '1 t

Current Owner Applicant (Contract Purchaser)

Agent

Name:

Complete Mailing Address: Phone #: (including area code) Fax#: (including area code) E-Mail: Contact Person:

Signature of Owner or Agent:

PLC, LLC FL Land Trust No. Collins, Brown, 4075 Caldwell, Barkett

Post Office Box 5200 31 Royal Palm Pte 7 56 BeachlaBd Blvd Vera Beach, FL 32961 vero Beach FL 329EO Vero Beach, FL 32136

(772) 978-9582 (772) 231-4343 772-562-2828

(772) 978-9584 (772) 234-5213

RRrlrkPtt.0vcerol CJW. r:::>m ~had A F'Pell Chris Campione a" Bruce Bar~ett, Esq.

Trustee

I Property Information

Site Address: ______ ___:4:..:0...:7:..:5:.._4:..:3:.cr:.cd:.._A::..:..:.v:..:e:..:n:..:u:..:e...:,_V...:e...:r_o __ B_e_a_c_h...:,_F_L_3_2_9_6_0 _______ _

Site Tax Parcel I. D. #s: ----=3'--'2'---"3'-9'---2::...:::.8 _-.:::0.:::0:..:0:..:0:..:1:...-...:0:..:0::..;9::..;0:..-_::_0 .:::0..:.0..:.0:..:1:..:•:..:0:.._ ____________ _

Subdivision Name, Unit Number, Block and Lot Number (if applicable) --------------

Existing Zoning District: CH Existing Land Use Designation: C I I

Requested Zoning District: C.G-.

Total (gross) Acreage of Parcel: 2.61 acres Acreage (net) to be Rezoned: 2 • 61 acres

Existing Use on Site: vacamt coffiffiercial

Proposed Use on Site: uses allowable under CG district

286

THE APPLICANT IS STRONGLY ENCOURAGED TO.ATTEND A PRE-APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST.

Please attach the following items to this application. Do not ignore any of the items. Indicate "N/ A" if an item is not

4. statement (separate letter) naming every individual or entity having legal or equitable ""'·n~'·oh·"in in the

A Current Owner's Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee

· ofthe 7. One (1) SEALED boundary survey of the area to be

rezoned. The boundary survey shall include, but not be limited to the following:

o a legal description of the land to be rezoned o the size of the land to be rezoned o the public road right-of-way width of adjacent roads;

and o a north arrow

9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency

traffic if ·

NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 F:\Community Development\Users\VICKIE\FORMS\rezoningrequestform.doc

' '

MOTORIST DESIGN OF FLORIDA. L.L.C. Traffic Engineering Consultants 1717 Indian River Blvd., Suite 201, Vero Beach. FL 32960 Phone: Vero Beacll 772 /778·8~62 Merritt Island 321 I 459-2905 Fax: 772/ 770-9496 Email [email protected]

.JUNIOR JACKSON 43 1w AVE/41" ST SOUTHWEST CORNER PROPERTY TRAFFIC IMPACT SUMMARY

I. Location: southwest corne1· of 4l.s1 Street & 43r•• Avenue 2. Size: 8 Fueling Position Convenience w/Gas & 13,000 sf shopping center 3. Trip Generation: sec attached 4. Area of Influence Boundaries: 45th Street (Not·th), SR 60 (South), Old Dixie (East), 58"'

Ave (West) 5. Significant Roads: 43rd Ave (261h St lo 45th St), 41s1 Street (5811' Ave to Old Dixie), 261

h

Street (58111 Ave to .uru A\'C)

6. Significant Intersections: None ?. Trip Distribution: Sec Appendix A 8. Internal Capture: none. 9. Pass-by Capture: See Att~ched 10. P.M. Peal.: Hour Directional 1Yo (ingnss/cgress): see attached II. Traffic Count Factors Applied: FOOT seasonal adjustment 11. 12. Off-Site Improvements: left turn Jane entering site from .fYd Ave, and a right turn lane

entering each of the site's access on 43~"" Ave. 13. Roc1dway Capacities (IRC Lin I' Sheets): Sec Appendix B 14. Assumed roadway and/or intersection imprm•cmcnts: none 15. Signilican t Dates

a) Pre-study confet·cnce: 3/27/08 h) Traffic counts: intersections- none

roads -link sheets based upon year 2007 sensonal!y-adjusted traffic cuunts

c) Stud1~-1

-~~~dr~~ .• ~l~· 1.~~1.~~/..Z!.§.r:~:~.t-~---·············--·················--16. The site proposes 4 wcslbound trips on SR 60 between 82nd A\·cnue and 66111 Avenue

($23,536 interest conil·ibution).

JUN 2 6 2008

;.SS!.~1i\Nf Pl!SUC WORKS DIRECTOR.' I A SCHULKE, BITTLE & STODDARD, LLC Com1"my---· --~-----'

Cw!l & Struclural Engineenng Land Planning E nvrronmental Permitllng

Traffic Engineenng Coastal Engineenng Surveying

ATTAtHWttftT J 288

w

~ 00 <.0

TABLE 1 JUNIOR JACKSON 43RD AVE (SITE PLAN)

TRIP GENERATION Total Trips PrimaiY Trips (excludiniiPass-by)

Land Use Intensity Daily Trips AM AM in AM out PM PM in PM out Daily Trips AM in AM out PM in

Proeosed Site Traffic Convenience w/Gas 8 Fueling 2,160 137 68 69 154 77 77 540 1i 17 19

Positions

Shopping Center 13,000sf 1,803 46 27 19 163 78 84 883 13 9 38

Subtotal 3963 183 95 88 317 155 161 1423 30 26 57

NET INCREASE NEW SITE TRAFFIC VOLUMES 3963 183 95 88 317 155 161 1423 30 26 57

Existing Site Next Door Qoint access) 5,000 sf 47 10 5 5 10 5 5 Singe! Tenant Contractor Trades (To Remain)

Total Driveway Volumes 4010 193 100 93 327 160 166

Notes: Trip generation was calculated using the following rates from ITE's Trip Generation, 7th Edition, or IRC rates,_and pass-by rates from the IRC Code:

Daily Tr8ffic Generation Convenience w/Gas IRC = T=270(fp) IRC =25%new

Shopping Center ITE = Ln(T)=0.65 Ln(x)+5.83 IRC =49%new

Single Tenant Contractor Trades IRC = T=9.4(X) IRC = 92% new

AM Peak Hour Traffic Generation Convenience w/Gas ITE = T=17.17(fp) (50% in, 50% out)

Shopping Center ITE = Ln(T)=0.60 Ln(x)+2.29 (61% in, 39% out)

Single Tenant Contractor Trades IRC = T=1.9(x) (46% in, 54% out)

PM Peak Hour Traffic Generation Convenience w/Gas ITE = T=19.22(fp) (50% i~. 50% out)

Shopping Center ITE = Ln(T)=0.66 Ln(x)+3.40 (48% in, 52% out)

Single Tenant Contractor Trades IRC = T=1.9(x) (54% in, 46% out)

(Revised 6/19/08) ~ ~ .

PM out

19

41

60

60

I

I

I

LINK

1010N 1010S 1020N 1020S 1030N 1030S 1040N 1040S 1050N 1050S 1060N 1060S 1070N 1070S 1080N 1080S 1090N 1090S 1110N 1110S 1120N 1120S 113DN 1130S 1140N 1140S 1150N 1150S 1160N 1160S 1170N 1170S 121 ON 1210S 1220N 1220S 1230N 1230S 12AON 1240S 1305N 1305S 1310N 1310S 1315N 1315S 1320N

ON

SRA1A SR A1A SRA1A SR A1A SRA1A SRA1A SRA1A SRA1A SR A1A SRA1A SRA1A SRA1A SRA1A SRA1A SR A1A SRA1A SRA1A SRA1A

IRB IRB IRB IRB IRB IRB IRB IRB IRB IRB IRB IRB IRB IRB 1-95 1-95 1-95 1-95 1-95 1-95 1-95 1-95 us 1 us 1 us 1 us 1

us 1 us 1 us 1

APPENDIX B- PROJECT LINK ASSIGNMENTS LINK SHEET SUMMARY TABLE

Traffic Counts in the "Existing" column were collected in 2007

Trips indicated in the "Vested" Column are as of 2/18/08.

IRC BASE EXIST

FROM TO CAP VOLUME

CNTY LINE CITY LIMIT 950 950

CITY LIMIT 17TH ST 930 930

17TH ST SR 60 860 860

SR60 CITY LIMIT 860

CITY LIMIT FRED TUERK 860 860 860 860 860 860 860 860

244 322 939 1014 956 734 912 825 782 981 462 514 566 469 566 469 343

FRED TUERK OLD WINTER

OLD WINTER

N IRSL

CR 510

N IRSL

CR 510 860

COUNTY LINE 998 998 536

4TH ST/US 1 12TH ST 1860 789 1860 1184

12TH ST CITY LIMIT 1860 1024 1860 1541

CITY LIMIT 17TH ST 1860 1024 1860 1541

17TH ST 21ST ST 1860 1002 1940 1392

21STST SR60 1860 1458 2242 1706

SR 60 CITY LIMIT 1860 1222 2240 1119

CITY LIMIT US 1/53RD 1860 518 1937 419

CNTY LINE CR 512 2740 1504 2740 1509

CR 512 SR 60 2740 1510

SR60

OSLO RD

CNTY LINE

OSLO RD

4TH@IR BD

8TH ST

2740 OSLO RD 2890

2890 CNTY LINE 2890

2890 OSLO RD 1860

1860 4TH@ IR BD 2790

2790 8TH ST 1860

1860 12TH ST 1860

1519 1726 1712 1716 1707 1202 1581 1383 1820 881 1238 1046

JUNIOR JACKSON REMAINING

VESTED 43RD WITH TRAFFIC SITE PLAN PROJECT

20 10 13 13 50 3

29 12 20 10 30 14 41 20 64 74 55 76 47 71 39 60 31 48 75 123 112 135 59 35 76 51 0 10 20 23 48 35 36 27 60 49 58 101 28 34 32

(equations) 686 618 -22 -97 -146 123 -81 23 58

-131 368 332 253 371 230 317 600 386 1024 605 797 259 805 271 783 425 290 401 579 1086 1266 1467 1236 1221 1210 1198 1116 1143 1138 1156 598 230 1349 869 951 588 782

%OF LOS

D

0.278 0.349 1.024 1.104 1.170 0.857 1.094 0.973 0.933 1.152 0.572 0.614 0.706 0.569 0.733 0.631 0.399 0.613 0.449 0.675 0.572 0.861 0.567 0.854 0.579 0.781 0.844 0.821 0.689 0.515 0.319 0.243 0.549 0.554 0.558 0.563 0.614 0.604 0.606 0.600 0.678 0.876 0.516 0.689 0.489 0.684 0.580

290

' '


LINK

1320S 1325N 1325S 1330N 1330S

ON

us 1 us 1 us 1 us 1 us 1

1335N US 1 1335S us 1 1340N US 1 1340S us 1 1345N US 1 1345S us 1 1350N US 1 1350S us 1 1355N US 1 1655S us 1 1360N US 1 1360S us 1 1365N US 1 1365S us 1 1370N US 1 1370S us 1 1375N US 1 1375S us 1 1380N US 1 138DS us 1 1385N US 1 1385S us 1 1390N US 1 1390S us 1 1395N US 1 1395S us 1 1400N US 1 1400S us 1 1405N US 1 1405S us 1 1410N US 1 1410S us 1 1510N SCHUMANN 1510S SCHUMANN 1520N SCHUMANN 1520S SCHUMANN 1610N ROSELAND 16108 ROSELAND 1620N ROSELAND 16208 ROSELAND 1710E CR 512 1710W CR 512 1720E CR 512 1720W CR 512 1730E CR 512

Trips indicated in the "Vested" Column are as of 2/18/08. JUNIOR IRC

BASE EXIST FROM TO CAP VOLUME

1860 1220 12TH ST CITY LIMIT 1710 1228

1710 1572 CITY LIMIT 17TH ST 1710 1228

1710 1572 17THST SR60 1510 1177

1510 1126 SR 60 ROYAL PALM 1820 1287

1510 895 ROYAL PALM ATLANTIC 2116 998

1710 906 ATLANTIC CITY LIMIT 2322 1039

2010 1596 CITY LIMIT OLD DIXIE 2320 2019

2010 1039 OLD DIXIE 41ST ST 2586 1214

2010 843 41ST ST 45TH ST 2352 1093

2010 790 45TH ST 49TH ST 2384 1281

2010 747 49TH ST 65TH ST 2568 1604

2010 1094 65TH ST 69TH ST 2631 1565

1860 863 69TH ST OLD DIXIE 2648 1453

1860 821 OLD DIXIE SCHUMANN 2210 1701

1860 1350 SCHUMANN CR 512 1860 971

1860 998 CR512 CITYLIMIT 1710 1142

1710 1179 CITY LIMIT ROSELAND 1860 1089

1860 1124 ROSELAND CNTY LINE 1860 1150

1860 944 CR 510/66TH CITY LIMIT 1377 853

1377 477 CITY LIMIT US 1 850 142

860 138 CR 512 CITY LIMIT 860 337

860 361 CITY Ll MIT US 1 860 389

860 459 SR 60 1-95 860 448

860 645 1-95 CR 510 1860 823

1860 729 CR 510 CITY LIMIT 1560 737

JACKSON VESTED 43RD TRAFFIC SITE PLAN

47 35 53 55 54 45 25 60 15 50 24 49 73 98 46 107 50 88 53 115 34

198 158 171 143 196 150 133 143 94 113 49 64 127 159 94 133 13 19 7

19 23 23 41 41 38 11 87 25 51

(equations)

REMAINING WITH

PROJECT

593 447 85

427 84

288 359 473 600 1068 780 1234 341 203 925 1265 1117 1171 1167 988 1229 766 758 895 854 999 889 376 367 795 749 519 467 644 577 616 783 511 881 711 703 500 476 430 360 374 204 950 1106 1072

%OF LOS

D

0.681 0.739 0.950 0.750 0.951 0.809 0.762 0.740 0.603 0.495 0.544 0.469 0.830 0.913 0.540 0.511 0.444 0.502 0.419 0.586 0.389 0.702 0.623 0.660 0.541 0.623 0.522 0.830 0.803 0.5?J 0.597 0.696 0.727 0.654 0.690 0.669 0.579 0.629 0.360. 0.173 0.183 0.419 0.447 0.500 0.581 0.565 0.763 0.489 0.405 0.424

291

LINK

1730W 1740E 1740W 1750E 1750W 1810E 1810W 1820E 1820W 1830E 1830W 1840E 1840W 1905E 1905W 1907E 1907W 1910E 1910W 1915E 1915W 1920E 1920W 1925E 1925W 1930E 1930W 1935E 1935W 1940E 1940W 1945E 1945W 1950E 1950W 1955E 1955W 1960E 1960W 1965E 1965W 1970E 1970W 2020E 2020W 2030E 2030W 2040E 2040W 2050E


ON

CR 512 CR 512 CR 512 CR 512 CR 512 CR 510 CR 510 CR 510 CR 510 CR 510 CR 510 CR 510 CR 510 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 SR60 3R60 SR60 SR60 SR60

16TH ST 16TH ST 16TH ST 16TH ST 16TH ST 16TH ST 16TH ST

Trips indicated in the "Vested" Column are as of 2/18/08.

IRC BASE EXIST

FROM TO CAP VOLUME

CITY LIMIT

ROSELAND

CR 512

66TH AVE

58TH AVE

us 1

CNTY LINE

CR 512

100TH AVE

1-95

82NDAVE

66TH AVE

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

10TH AVE

us 1

IRB

ICWW

58TH AVE

43RDAVE

27TH ST

20TH AVE

1860 ROSELAND 1860

1860 us 1 1860

1860 66TH AVE 1860

1860 58THAVE 1860

1860 us 1 1860

1860 SR A1A 1900

1900 CR 512 1810

1810 100THAVE 1810

1-95

82ND AVE

66TH AVE

58TH AVE

1810 1860 1860 2790 2790 2790 2790 2790 2790

43RD AVE 2790 2790

27TH AVE 2790 2790

20TH AVE 2790 2790

OLD DIXIE 3252 3252

1OTH AVE 3252 3252

us 1 3252 3252

IRB 3252 3252

ICWW 1860

1860 SR A1A 1860

1860 43RD AVE 860

860 27TH ST 860

860 20TH AVE 860

860 OLD DIXIE 1260

721 553 542 584 695 272 667 321 667 396 717 656 426 201 206 230 230 536 336 1262 1809 1226 1473 1361 1792 1339 1651 1390 1656 1225 1285 1201 1281 1057 999 1099 639 784 482 980 1436 958 1017 150 252 367 538 597 577 530



(equations) 57 43 59 47 40 182 106 119 117 128 154 237 171

9 9 1 0

113 191 125 170 296 229 172 238 177 361 192 292 162 296 148 214 53 111 48 112 31 62 7 1 9 7

51 43 43 36 29 45 19

3

4

1082 1264 1259 1229 1125 1406 1087 1420 1076 1336 989 1007 1303 1600 1595 1579 1580 1211 1333 1403 808

1268 1084 1257 760 1274 778

1208 842 1403 1209 1903 1757 2142 2142 2105 2501 2437 2708 873 423 893 836 659 565 450 286 234 238 711

% ~)::

LOS 0

0.418 0.320 0.323 0.339 0.395 0.244 0.416 0.237 0.422 0.282 0.468 0.470 0.314 0.116 0.119 0.128 0.127 0.349 0.283 0.497 0710 0.546 0.611 0.549 0.728 0.543 0.721 0.567 0.698 0.497 0.567 0.415 0.460 0.341 0.341 0.353 0.231 0.251 0.167 0.531 0.773 0.520 0.551 0.234 0.343 0.477 0.667 0.728 0.723 0.436

292


Trips indicated in the "Vested" Column are as of 2118108.

LINK ON

2050W 16TH ST 2060E 16TH/17TH ST 2060W 16TH/17TH ST 2110E 17TH ST 2110W 2120E 2120W 2210E 2210W 2220E 2220W 2230E 2230W 2240E 2240W 2250E 2250W 2260E 2260W 2305N 2305S 2310N 23108 2315N 2315S 2320N 2320S 2325N 2325S 2330N 2330S 2335N 2335S 2345N 2345S 2350N 2350S 2355N 2355S 2360N 23608 2365N 2365S 2410N 2410S 2420N 2420S 2430N 24308 2440N

17TH 8T 17TH 8T 17TH ST 12TH 8T 12TH ST 12TH ST 12TH ST 12TH 8T 12TH ST 12TH 8T 12TH 8T 12TH ST 12TH ST 12TH ST 12TH 8T

OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE OLD DIXIE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE

IRC BASE EXIST

FROM TO CAP VOLUME

OLD DIXIE

US1

IRB

82NDAVE

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

CNTY LINE

OSLO RD

4TH ST

8TH ST

12TH ST

CITY LIMIT

16TH ST

41ST ST

45TH ST

49TH ST

65TH ST

69TH ST

CNTY LINE

OSLO RD

4TH ST

8TH ST

us 1

IRB

1260 1710 1710 1710

775 584 698 495

1710 744 SR A 1A 1860 944

1860 1040 58TH AVE 870 18

870 102 43RD AVE 860 188

860 254 27TH AVE 860 783

860 433 20TH AVE 860 463

860 514 OLIO DIXIE 860 451

860 574 us 1 1368 564

1368 782 OSLO RD 860 325

860 469 4TH ST 860 349

860 469 8TH ST 810 440

810 546 12TH ST 810 535

810 683 CITY LIMIT 810 383

810 391 16TH ST 850 383

850 391 SR 60 850 286

850 214 45TH ST 860 214

860 182 49TH ST 860 128

860 134 65TH ST 860 162

860 136 69TH ST 860 215

860 96 CR510 860 205

860 91 OSLO RD 1268 648

1268 824 4TH ST 1268 506

1268 551 8TH ST 1020 534

1020 777 12TH ST 1020 473



36 37 34 25 18 18 9

2 0

48 38 22 19 17 16 21 18 15 17 20 8

48 39 47 46 25 27 9

13 9 10 17 16 38 27 52 32 97 80 20 13 20 9

243 415 157 251 102 181 75

(equations) 449 1089 978 1190 948 898 811 850 768 624 568 55 408 380 330 388 268 789 569

. 515 383 463 352 323 218 250 100 418 406 458 449 547 620 608 651 680 694 601 644 625 751 635 760 377 29

605 466 384 62 472

·%OF

LOS D

0.644 0.363 0.428 0.304 0.446 0.517 0.564 0.023 0.117 0.274 0.340 0.936 0.526 0.558 0.616 0.549 0.688 0.423 0.584 0.401 0.555 0.462 0.591 0.601 0.731 0.691 0.877 0.484 0 499 0.46'i 0.472 0.356 0.271 0.29~!-

0.243 0.209 0.193 0.301 0.251 0.273 0.127 0.262 0.116 0.703 0.977 0.523 0.632 0.624 0.939 0.537

293

·' '

LINK

2440S 2450N 2450S 2460N 2460S 2470N 2470S 2480N 2480S 2510N 25108 2530E 2530W 2540E 2540W 2550E 2550W 2560E 2560W 2570E 2570W 2580E 2580W

2620N 26208 2710N 2710S 2720N 2720S 2810N 28108 2820N 2820S 2830N 2830S 284DN 28408 2850N 2850S 2860N 2860S 2870N 2870S 2905N 29058 2910N 2910S


ON

27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE 27TH AVE OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD OSLO RD 6TH AVE

6TH AVE 6TH AVE 6TH AVE 10TH AVE 10TH AVE 10TH AVE 10TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 20TH AVE 43RDAVE 43RDAVE 43RDAVE 43RDAVE

Trips indicated in the "Vested" Column are as of 2/18/08. JUNIOR

FROM

12TH ST

CITY LIMIT

16TH ST

SR 60

ATLANTIC

82NDAVE

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

IRC BASE

TO CAP

1020 CITY LIMIT 1020

1020 16TH ST 1020

1020 SR 60 1020

1020 ATLANTIC 810

810 AVIATION 810

810 58TH AVE 870

870 43RDAVE 1953

1953 27TH AVE 1953

i953 20TH AVE 1953

1953 OLD DIXIE 1953

1953 us 1 1953

1953 860

860 CITY LIMIT SR 60 850

850 SR 60 ROYAL PALM 810

810 ROYAL PALM 17TH ST 810

810 OSLO RD 4TH ST 860

860 4TH ST 8TH ST 810

810 8TH ST 12TH ST 810

810 12TH ST CITY LIMIT 1710

1710 CITY LIMIT 16TH ST 1800

1800 16TH ST SR 60 1800

1800 SR 60 ATLANTIC 850

850 CNTY LINE OSLO RD 950

950 OSLO RD 4TH ST 1068

1068

JACKSON REMAiNiNG EXIST VESTED 43RD WITH

VOLUME TRAFFIC SITE PLAN PROJECT

765 825 778 825 778 792 694 254 416 389 569 561 184 561 493 792 711 480 618 763 665 504 684 335 335 421 315 421 131 184 218 184 310 321 338 572 325 532 317 473 317 473 326 226 16.3 72 348 314 483 462

130 66 114 61 112 38 62 18 28 2 6 57 64 184 65 150 112 90 63 148 129 74 84 5

4 2 1 0 0 0 0 59

115 33 53 24 38 15 11 6 11 11 13 8

12 138 218 124 175

(equations) 125 129 128 134 130 190 264 538 366 419 235 252 622 1208 1395 1011 1130 1383 1272 1042 1159 1375 1185 520

435 533 428 679 626 592 626 491 424 439 185 461 240 1378 1226 1477 1316 1463 1561 679 766 464 418 461 431

LOS D

0.877 0.874 0.875 0.869 0.873 0.814 0.741 0.336 0.548 0.483 0.710 0.710 0.285 0.381 0.286 0.482 0.421 0.292 0.349 0.466 0.407 0.296 0.393 0.395

0.494 0.373 0.496 D 16?

0.269 0.227 0.429

0.458

0.431 0.704 0.194 0.283 0.179 0.269 0.187 0.133 0.201 0.099 0.512 0.560 0.568 0.596

294

LINK

3210N 3210S 3310N 3310S 3320N 3320S 3330N 3330S 3340N 3340S 3350N 3350S 3360N 3360S 3370N 3370S 3380N 33BOS 3390N 3390S 3610E 3610W 3710E 3710W 3720E 3720W 3730E 3730W 3740E 3740W 3820E 3820W 3830E 3830W 3840E 3840W 4220E 4220W 4230E 4230W 4240E 4240W 4250E 4250W 4320E 4320W 4330E 4330W 4340E 4340W


ON

74TH AVE 74TH AVE 82NDAVE 82NDAVE 82NDAVE 82NDAVE 82NDAVE 82NDAVE 82ND AVE 82NDAVE 82NDAVE 82ND AVE 98TH AVE 98TH AVE 98TH AVE 98TH AVE 98TH AVE 98TH AVE 98TH AVE 98TH AVE 77TH ST 77TH ST 69TH ST 69TH ST 69TH ST 69TH ST 69TH ST 69TH ST 69TH ST 69TH ST 65TH ST 65TH ST 65TH ST 65TH ST 65TH ST 65TH ST 49TH ST 49TH ST 49TH ST 49TH ST 49TH ST 49TH ST 49TH ST 49TH ST 45TH ST 45TH ST 45TH ST 45TH ST 45TH ST 45TH ST

Trips indicated in the "Vested" Column are as of 2/18/08. JUNIOR IRC JACKSON REMAINING % Ot

BASE EXIST VESTED 43RD WITH LOS FROM TO CAP VOLUME TRAFFIC SITE PLAN PROJECT D

16TH ST

OLSO RD

4TH ST

12TH ST

SR 60

65TH ST

8TH ST

12TH ST

16TH ST

SR60

66TH AVE

82NDAVE

66TH AVE

58TH AVE

OLD DIXIE

66TH AVE

58TH AVE

OLD DIXIE

66TH AVE

58TH AVE

43RDAVE

OLD DIXIE

66TH AVE

58TH AVE

43RDAVE

SR 60 860 860

4TH ST 950 950

12TH ST 950 950

SR 60 860 860

65TH ST 410 410

69TH ST 410 410

12TH ST 860 860

16TH ST 860 860

SR 60 860 860

26TH ST 860 860

us 1 820 820

66TH AVE 410 410

58TH AVE 870 870

OLD DIXIE 870 870

us 1 870 870

58TH AVE 870 870

OLD DIXIE 870 870

us 1 870 870

58TH AVE 860 860

43RDAVE 860 860

OLD DIXIE 810 810

us 1 810 810

58TH AVE 860 860

43RDAVE 860 860

OLD DIXIE 860 860

93 118 161 220 194 208 235 224 52 43 21 18

134 188 92 54 28 25 12 11 60 150 37 24 33 78 48 78 49 78 36 76 74 110 58 68 28 33

137 166 167 33 98

119 97 126 154 208 243 303

0 0 18 22 82 140 195 230 15 16 15 15 42 78 106 194 106 194

0 0 10 7 33 33 17 22 13 14 4 4

20 19 25 23 1 4

31 19 17 28 68 68 5

21 8 5 15 39 27 29

(equations) 767 742 771 708 674 602 430 406 343 351 374 377 684 594 662 612 726 641 848 849 750 663 340 353 820 770 809 778 817 788 814 775 771 737 811 798 801 808 706 666 575 709 707 670 755 729 691 613 590 528

0.108 0.137 0.188 0.255 0.291 0.366 0.500 0.528 0.163 0.144 0.088 0.080 0.205 0.309 0.230 0.288 0.156 0.255 0.014 0.013 0.085 0.191 0.171 0.139 0.057 0.115 0.070 0.106 0.061 0.094 0.064 0.109 0.114 0.153 0.068 0.083 0.069 0.060 0.179 0.226 0.290 0.125 0.127 0.173 0.122 0.152 0.197 0.287 0.314 0.386

295

·' . Traffic Counts in the "Existing" column were collected in 2007

Trips indicated in the "Vested" Column are as of 2/18/08. JUNIOR

LINK

4350E 4350W 4420E 4420W 4430E 4430W 4440E 4440W 4450E 4450W 4460E 4460W 47220E 4720W 4730E 4730W 4740E 4740W 4750E 4750W 4830E 4830W 4840E 4840W 4850E 4850W 4860E 4860W 4870E 4870W 4880E 4880W 4910E 4910W 4930E 4930W 4940E 4940W 4950E 4950W

4960E

4960W

4970E

4970W

ON

45TH ST 45TH ST 41ST ST 41ST ST 41ST ST 41ST ST 41ST ST 41ST ST 41ST ST 41ST ST 37TH ST 37TH ST 26TH ST 26TH ST 26TH ST 26TH ST 26TH ST 26TH ST 26TH ST 26TH ST 8TH ST 8TH ST 8THST 8TH ST 8TH ST 8TH ST 8TH ST 8TH ST 8TH ST 8TH ST 8TH ST 8TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST

4TH ST

4TH ST

4TH ST

4TH ST

16TH ST

16TH ST 5610E FRED TUERK 5610W FRED TUERK 5710E WINTER BEACH 5710W WINTER BEACH

IRC JACKSON BASE EXIST VESTED 43RD

FROM TO CAP VOLUME TRAFFIC SITE PLAN

OLD DIXIE

66TH AVE

58TH AVE

43RDAVE

OLD DIXIE

us 1

66TH AVE

58TH AVE

43RDAVE

AVIATION

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

us 1

82ND AVE

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

A1A

A1A

IRB

58TH AVE

43RDAVE

OLD DIXIE

IRB

IRB

58TH AVE

43RD AVE

AVIATION

27TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

us 1

IRB

58TH AVE

43RDAVE

27TH AVE

20TH AVE

OLD DIXIE

us 1

860 860 870 870 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 860 810 810 810 810 860 860 870 870 860 860 860 860 860 860 860

860

810

810 860

860 'V OF COCONU. 860

860 JUNGLE TRAIL 860

860

153 225 78 126 198 233 318 229 157 160 361 667 284 479 375 546 430 608 150 280 216 215 595 460 573 543 359 664 346 526 279 542 78

111 202 187 286 428 594 522 352

544

403

547 46

43 129 96 39 120

15 28 6 6

21 41 32 20 5

21 9 16 34 41 29 36 10 16 10 15 18 9

46 27 10 9 14 19 18 25 12 12 5 1

11 7

20 16 10 13 37 52

32 28 0

0 0 0 8 4

(equations)

10 11 14 13

9 9

REMAINING WITH

PROJECT

692 607 786 738 631 575 496 598 698 679 490 177 542 340 447 269 420 236 700 565 626 636 219 373 277 308 437 127 446 259 569 306 787 758 647 666 554 416 256 325

471

264

375 235 814 817 731 764 813 736

LOS D

0.195 0.294 0.097 0.152 0.266 0.331 0.423 0.305 0.188 0.210 0.430 0.794 0.370 0.605 0.480 0.687 0.512 0.726 0.186 0.343 0.272 0.260 0.745 0.566 0.678 0.642 0.460 0.843 0.449 0.i380 0.338 0.644 0.095 0 129 0.248 0226 0.356 0.516 0.702 0.622 0.452 0.693

0.537

0.710 0.053 0.050 0.150 0.112 0.055 0.144

296

' . Traffic Counts in the "Existing" column were collected in 2007

Trips indicated in the "Vested" Column are as of 2/18/08. JUNIOR IRC JACKSON REMAINihG

BASE EXIST VESTED 43RD WITH LINK ON FROM TO CAP VOLUME TRAFFIC SITE PLAN PROJECT

(equations) 5810E ATLANTIC 27TH AVE 20TH AVE 860 100 2 758 5810W ATLANTIC 860 167 0 693 5820E ATLANTIC 20TH AVE us 1 860 40 1 819 5820W ATLANTIC 860 76 3 781 5910E AVIATION 80 26TH ST 27TH AVE 1280 159 3 1118 5910W AVIATION 80 1280 147 19 1114 601 DE ROYAL PALM BD ROYAL PALM IRB 880 270 0 610 6010W ROYAL PALM BD 880 116 12 752 6110E ROYAL PALM PL us 1 IR8 880 341 5 534 6110W ROYAL PALM PL 880 396 21 463

43rd- 4L 16th to 26th- 2009

US1 - 6L 4th to Oslo JUNIOR

Oslo - 5L 58th to US 1 JACKSON

CR 510- 4L CR 512- A1A 43RD SR 60 - 6L 1-95 to 66th SITE PLAN

(equations)

The site proposes 7% of its exiting traffic to impact SR 60 westbound between 82nd Avenue and 66th Avenue for a total impact of 4 westbound pm peak hour trips.

'l'o 0~ LOS

D

0.119 0.194 0.048 0.092 0.127 0.130 0.307 0.145 0.393 0.474

297

Section 911.10. Commercial districts

Districts: PRO: Professional office district OCR: Office, commercial, residential district MED: Medical district CN: Neighborhood commercial district CL: Limited commercial district CG: General commercial district CH: Heavy commercial district

Uses: P = Permitted use A = Administrative permit use S = Special exception use

Use or Activity

Agriculture

Agricultural Production

Horticultural and landscape plants and specialties

Kennels and animal boarding

Agricultural Services

Landscape services

Commercial fishery

Commercial

Construction

General building contractors/Construction yards

Finance, Insurance, Real Estate, Legal Services

Banks and credit institutions

Small-scale banks and credit institutions

Security and commodity brokers

District

PRO

-

-

-

-

-

-

A

p

OCR

-

-

-

-

-

p

p

p

Attachment 4

MED CN CL CG CH

1

- - p p p

- - - A A

- - - p p

- - - A p

- - - - p

- p p p -

- p p p p

- p p p -

298

Insurance agents, brokers and service p p - p p p -

Automatic teller machines - p p p p p -

Real Estate p p - p p p -Holding and other investment offices p p - p p p -

Legal services p p - p p p -

Services

Lodging facilities hotels and motels - p p - p p -

Boardinghouses - A - A A p -

Bed and breakfast p A A A A A -Membership based hotels - - - - - p -

Personal Services

Laundries and laundromats (excluding - - - p p p -drycleaners)

Garment pressing and drycleaners - - - p p p -drop-ojjlpickup

Linen supply - - - - - p p

Carpet and upholstery cleaning - - - - - p p

Drycleaning plants - - - - - - p

Photographic studios - A - p p p -

Beauty shops - A - p p p -

Barber shops - A - p p p -

Shoe repair - A - p p p -

Funeral homes - - - - - p -

Funeral chapels - - - - p p -

Crematoriums - - - - - p p

Business Services

Advertising p p - - p p p

Credit reporting and collection p p - - p p p

Mailing, reproduction and stenographic - p - - p p p services

Equipment rental and leasing - - - - p p p

Attachment 4 299

Membership sports and recreation - - - - p p -Coin-operated amusements - - - p p p -

Miniature golf courses - - - - - s A

Driving ranges - - - - - A A

Health and Medical Services

Offices and clinics p p p p p p -Total care facilities - - p - - - -Hospitals - - p - - - -Medical and dental laboratory - - p - p p -

Home health care services - - p - p p -

Specialty outpatient clinics - - p - p p -

Veterinarian clinic - - - - A A A

Wholesale Trade

Durable goods - - - - - - p

Nondurable goods - - - - - - p

Retail Trade

Convenience stores - - - p p p -

Building materials and garden supplies - - - - - A p

Paint, glass and wallpaper stores - - - - p p p

Hardware stores - - - - p p p

Retail nurseries and garden supplies - - - - p p p

Model mobile home display - - - - - A p

Mobile home trailer sales - - - - - - A

General111erchandise

Department stores - - - - A p -

Variety stores - - - - A p -

Flea market - - - - - - A

Auctionfacilities, unenclosed - - - - - - A

Auction facilities, enclosed - - - - - p p

Food Stores

Attachment 4

300

Employment agencies p p - - p p p

Help supply services - - - - - p p

Computer and data processing p p - - p p p

General and professional office p p - p p p -Auto Repair, Services and Parking

Automotive rentals - - - - - p p

Automobile parking and storage - - - - - p p

Body and paint shops - - - - - - p

General automotive repair - - - - - p p

Carwashes - - - - p p . '·

p

Automotive fluid sales and services - - - - A p p

(other than gasoline)

Miscellaneous Repair

Electrical repair - - - - p p p

Watch, clock, jewelry - - - - p p p

Reupholsters and furniture - - - - - - p

Welding - - - - - - p

Motion Pictures

Production and distribution services - - - - - p p I

Motion picture theaters - - - - p p -

Drive in theaters (unenclosed - - - - - s commercial amusement)

-

Video tape rentals - - - p p p -

Amusement and Recreation

Dance studios, school and halls - - - - p p -

Theatrical production including music - - - - p p -

Enclosed commercial amusements - - - - p p p

Unenclosed commercial amusements except miniature golf courses and - - - - - - s driving ranges

Health and fitness centers - - - A p p -

Attachment 4

301

Miscellaneous Retail

Drugstores - - p A p p -

Liquor stores - - - p p p -Miscellaneous shopping goods - - - - p p -Florists - - p p p p -Newsstands - - p p p p -

Sporting goods - - - - p p -

Optical goods - - p p p p -Gift stores - - p p p p -

Book and card store - - p p p p -

Catalogv.e and mail order house - - - - - p p

Fuel Dealers - - - - - p p

Food and Kindred Products - - - - - - p

Fruit and vegetable packing houses - - - - - A A

Fruit and vegetable juice extraction - - - - - - A

Community Services

Educational Services

Educational centers including primary - A A A A A -and secondary schools '

Colleges and universities - A A - A A -Libraries - A - A p p -

Vocational, technical and business - p p p p p -

Institutional

Individual and family services - - p - p p -Job training services - - - - p p p

Child care and adult care A A p A p p -

Homes for aged, including nursing - - A - s s -homes and rest homes

Residential treatment center - - p - s s s Place of worship p p - - p p p

Group homes (residential centers) - - p - s s s

Attachment 4 302

Grocery stores - - - p p p -

Meat and fish markets - - - p p p -

Fruit and vegetable markets - - - p p p -Candy, nut and confectionery stores - - p p p p

Dairy product stores - - - p p p -

Retail bakeries - - - p p p -Automotive Dealers and Services

New and used cars dealers - - - - - p p

Used vehicle sales - - - - - s A

Auto and home supply stores - - - - p p p

Gasoline service stations - - - - A p p

Boat sales and rentals - - - - - A p

Recreational vehicle sales - - - - - A A

Motorcycle dealers - - - - - p p

Automotive fuel sales - - - A A p p

Commercial marina - - - - - A p

Marine repair and service - - - - - A p

Apparel and Accessory Stores - - - p p p -

Furniture and Home Furnishings

Furniture and home furnishing stores - - - - A p p

Small-scale home furnishings showrooms (excluding furniture and - A - - p p p

major appliances)

Household appliance stores - - - - A p p

Radio, television and computer stores - - - p p p -

Eating and Drinking Establishments

Restaurants - - A p p p p

Carry out restaurants - A A p p p p

Drive through restaurants - - - - - p p

Bars and lounges - - - - s p p

Bottle clubs - - - - - s A

Attachment 4

303

Adult congregate living facility (21+ - - p - s s s residents)

Cultural and Civic Facilities p p A - p p -

Civic and social membership - - A - p p -organizations

Public Administration

Government administrative buildings A p A p p p -

· Courts - - - - p p -

Emergency services p p p p p p p

Libraries p p p p p p p

Industrial

Printing and publishing - - - - - - p

Machine shops - - - - - - p

Chemicals and Plastics

Rubber and plastic footwear - - - - - - p

Hose, belts, gaskets packing - - - - - - p

Assembly production (not including - - - - - - p manufacturing)

Transportation and communication

Railroad/Bus Transportation Services

Local and suburban transit - - - - - p p

Trucking and courier services - - - - - - p

Commercial warehousing and storage - - - - - - p

Moving and storage - - - - - - p

Trucking terminals - - - - - - p

Self-service storage facilities - - - - s A p

Outdoor storage - - - - - - A

Vehicle storage lot (paved/unpaved) 3 p - - - - - -

Post Office p p p p p p p

Water transport services - - - - - - p

Air transport services - - - - - - p

Attachment 4 304

Pipelines - - - - - - p

Heliportlhelipad - - s - - s -

Recycling centers - - - - - - A

Travel and tour agencies - p - - p p -Freight transport arrangement - p - - - p p

Communications

Telephone and telegraph - p - - p p p

Radio and television broadcasting - p - - p p p

Cable and pay T.V. - p - - p p p

Communications towers (wireless A 5 A 5 A 5 A A A

facilities) 5 5 A 5 5

Communications towers (non-wireless facilities) 4

Amateur radio (accessory use)

Less than 80 feet p p p p p p p

80 feet or taller (see 971.44(4) for s s s s s s s special criteria)

Commercial

Up to 70 feet:

Camouflaged p p p p p p p

Non-camouflaged p p p p p p p

70 feet to 150 feet:

Camouflaged A A A A A A A

Monopole (minimum of2 users) A A A A A A A

Not camouflaged and not monopole s s s s s s s Over 15 0 feet:

All tower types (see 971. 44(1) for - - - - - - -special criteria)

Public and private utilities, limited A A A A A A A

Public and private utilities, heavy - - - - - - s Residential Uses

Attachment 4 305

Single-family dwelling p p - - - - -

Duplex p p - - - - -Multifamily dwelling p p A A A A -

Accessory housing (watchman) - - - - - - p

1. No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property.

2. The requirements of section 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'.

3. Standards for unpaved vehicle storage lots are found in section 954.08(6). 4. Uses, such as limousine services and construction offices, which would not be allowed

within certain zoning districts, such as OCR, may be considered general office uses and permitted if the following conditions are met:

• All types of vehicles [reference 911.15(3)(a)) and materials kept on. site shall be limited to those materials and types of vehicles allowed in residential areas. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building.

5. For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.

Attachment 4

306

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, July 10, 2008 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th

Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2008.

Present were members: Vice Chairman Craig Fletcher, District 3 Appointee; Donna Keys, District 1 Appointee; Gerard Weick, District 2 Appointee; Greg Smith, District 4 Appointee; George Lawrence, District 5 Appointee; and Dr. Richard Baker, Member-at-Large.

Absent was Chairman George Hamner, Member-at-Large (excused) and Ann Reuter, non-voting School Board Liaison (unexcused).

Also present was IRC staff: William G. Collins, II, County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; Steven Deardeuff, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance (6:21 :11)

Vice Chairman Fletcher called the meeting to order and led all in the Pledge of Allegiance.

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on any quasi-judicial items.

Approval of Minutes (6:22: 1 0)

ON MOTION BY Mr. Smith, SECONDED BY Dr. Baker, the members voted unanimously (6-0) to approve the minutes of the Mining Workshop of May 22, 2008 as presented.

ON MOTION BY Ms. Keys, SECONDED BY Mr. Lawrence, the members voted unanimously (6-0) to approve the minutes of the June 12, 2008 Planning and Zoning meeting as presented.

PZC/Unapproved 1 July 10, 2008 F:/BCC/AII Committees/P&Z/2008 Minutes/P&Z071 008.doc

ATTA&Hit£1T 5 3 0 7

Item on Consent (6:22:13

Vice Chairman Fletcher read the following into the record:

A. Century Town Center Subdivision: Request for preliminary plat approval for a 3 lot commercial plat-over-site-plan subdivision known as Century Town Center. CRF Panther IX, LLC, Owner. Kimley-Horn & Associates, Inc., Agent. Located on the south side of SR60, west of 58th Avenue. Zoning Classification: CG, General Commercial. Land Use Designation: C/1, Commercial/Industrial. (SD-08-07-06/2004060358-617 47) [Quasi-Judicial]

Nobody on the Board had any questions or comments.

6:24:19 ON MOTION BY Ms. Keys, SECONDED BY Mr. Lawrence, the members voted unanimously (6-0) to approve the preliminary plat for Century Town Center Subdivision.

Public Hearing (6:24:31)

Vice Chairman Fletcher read the following into the record:

A. PLC, LLC.: Request to Rezone± 2.61 acres located south of 41st Street, and west of 43rd Avenue from CH, Heavy Commercial to CG, General Commercial. PLC, LLC., Owner. Schulke, Bittle & Stoddard, LLC, Agent. (RZON-2002100214-61778)[Quasi-Judicial]

Mr. Steven Deardeuff, IRC Senior Planner, Long Range Planning, reviewed the information contained in his memorandum dated June 20, 2008, a copy of which is on file in the Commission Office (6:25:06).

Mr. Smith commented this rezoning was displacing heavy commercial (CH) with general commercial (CG) and at some time in the future there might be a need for more CH in the County. Mr. Stan Boling, IRC Planning Director, stated he was comfortable there would be enough CH property available.

Ms. Keys expressed concern about something going into the area having a conflict with the IRC shooting range. She asked what might be


308

allowed under the CG zoning that might create a conflict and would not be allowed under CH zoning. Mr. Boling related multi-family residential would potentially be allowed as an accessory use over or behind shops, but this rarely occurred.

6:30:33 ON MOTION BY Mr. Smith, SECONDED BY Mr. Lawrence, the members voted unanimously (6-0) to approve the rezoning request by PLC, LLC.

Commissioners Matters (6:31 :08)

Chairman Fletcher wondered about land clearing taking place on 771

h Street west of U.S. Highway #1. Mr. Boling said he would check into it and e-mail the members.

Planning Matters (6:37:29)

Mr. Boling reminded the members about the Mining Workshop to be held in the Commission Chambers at on Monday, July 14, 2008 at 1 :30 p.m.

Attorney's Matters (6:32:49)

None.

Adjournment (6:32:55)

There being no further business, the meeting was adjourned at 7:12 p.m.

Craig Fletcher, Vice Chairman Date

Reta Smith, Recording Secretary Date


309

ORDINANCE NO. 2008-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 2.61 ACRES LOCATED AT THE SOUTHWEST CORNER OF 41'' STREET AND 43'd AVENUE FROM CH, HEAVY COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency

on such matters, held a public hearing and subsequently made a recommendation regarding this

rezoning request; and

WB.EREAS, the Board of County Commissioners of Indian River County, Florida, did

publish and send its Notice of Intent to rezone the hereinafter described property; and

WHEREAS, the Board of County Commissioners held a public hearing pursuant to this

rezoning request, at which parties in interest and citizens were heard; and

WHEREAS, the Board of County Commissioners determined that this rezoning is in

conformance with the Comprehensive Plan ofindian River County.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of

Indian River County, Florida, that the zoning of the following described property situated in

Indian River County, Florida, to-wit:

The north 441.22 feet of the north 7 acres of the east 10 acres of tract 9, section 28, township 32 south, range 39 east, according to the plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in plat book 2, page 25; said land now lying and being in Indian River County, Florida.

Said property containing 2.61 acres more or less, subject to all easement, reservations, restrictions and rights of way records.

is changed from CH, Heavy Commercial District, to CG, General Commercial District.

F:\Community Development\Users\LONG RANGE\Rzon\PLC LLC 43rd Avenue\Ordinance PLC.doc

Page 1 of2 Alii\GHMiiT 6~ 31 Q

ORDINANCE NO. 2008-__

All with the meaning and intent as set forth and described m said Land Development Regulations.

This ordinance shall become effective upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12__ day of August, 2008.

This ordinance was advertised in the Press-Journal on the~ day of July 2008, for a public hearing to be held on the J..t:_ day of August, 2008 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote:

Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Gary C. Wheeler, Commissioner Peter D. O'Bryan, Commissioner Joseph E. Flescher, Commissioner

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: ____ ~~~~~--~~------Sandra L. Bowden, Chairman

ATTESTBY:~~~~~--~~-Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: _______________ _

APPROVED AS TOJO~;f.ND LEGAL SUFFICIENCY

l{pU'-U-«~ William G. Collins II, County Attorney

F:\Community Development\Users\LONG RANGE\Rzon\PLC LLC 43rd Avenue\Ordinance PLC.doc

Page 2 of2 311

!0 t!JJ._ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION

REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: A v-d v t; €; OJ by ~~ » I t

ADDRESS: D 0!; 5 Cj /1l!( PHONE: J80"' f S JZ !}) f-lf 71( CJ •

SUBJECTMATTERFORDISCUSSION: Re.etp[t ~ J Ol'ciSitJ"'l

IS A PRESENTATION PLANNED? D Yes D No

IS BACK-UP BEING PROVIDED? D Yes D No

IS THIS AN APPEAL OF A DECISION? l:RYes D No ,--

ARE PUBLIC FUNDS OR ACTIVITIES REQUmED? Yes I f) WHAT FUNDS OR ACTIVITIES ARE REQvmED TO MEET THIS REQUEST?

CBP rPJL ,7f1h J'l71flllh tn w 1Xe,sroJiQ Transmitted to Administrator Via:

Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

MEETING DATE:

F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 1117/06

312

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION



Indian River Countv Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action


NAME OF INDIVIDUAL OR ORGANIZATION: --"'k"""-"lt._.L=LI:L..II Q"-~-<IY1~_,__0J....L...:6"'· -'--'1?4=+-----ADDRESS: ---v.f_Y,'--'(;=-S=--~~'--C('--f.-.-h-F"!lu~ PHONE: 222 -(of_ "-/753

SUBJECTMATTERFORDISCUSSION: K"Sflgd, ..... 'j ~I ~(C)Yi tn~ \2-fc'-J;ck- i<l=.<-\.l I ued---e, Q Yl '1<Jiy 15- lad

IS A PRESENTATION PLANNED? D Yes [3' No

IS BACK-UP BEING PROVIDED? D Yes ~ IS THIS AN APPEAL OF A DECISION? ~s D No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? lfcd {;:Jpd •C1 (

St)E,J,/-g£01') be~~r> -:(:LrcluJ~J Z:&< flu· l)e(JS!On wrih

ih£ 7&o lft9•dm :;? &< Y-h.e Eul-e&-{fl!l -z-e. ?a h-e..., {)fro -:ktflo ik"=J f/wi (pt:: Z:&c'luJv! lVI --1-h-e..__ EH~tt-f12r2.<:: 2ao~

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Yes I ro/

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? ·rH<-1 v.JL Cpa. f·CJ I. I

S&~klo.l, an w t<Ph ]["><... e~erd fWcJ f)KJrirrK 74 ike £~rz.-.;:_/

~==============~==============================~zo~ Transmitted to Administrator Via:

Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

COUNTY ADMINISTRATOR: ~'1/" ~ Joseph A. Baird

a(~·a:l= /,2 d'rJt?rf MEETING DATE:

F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Fonn.doc Board Approved Iln/06

313

F ':l;>riif('t9fm '',<I


tot3?:J

Any organization or individual wishing to address the Board of County Commission shaD complete this form and submit it to the Indian ~ver County Administrator's Office.



Indian River Countv Code Section 1 02.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: _ _:'Br::_:_i"'-6~"-'-J<-"o"-~-"\t_'--.,_--------------

ADDRESS: JO~ J\-ve \k,. t;,,~ t='L ?,zfF/{o PHONE:_7-'-q.LI/'----~5---'-4--"-"6-'--'(-----

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED?

IS THIS AN APPEAL OF A DECISION?

VYes

j Yes

j Yes

I No

II/ No

IV No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? lQ _r-fe,? +k .s:vrve:) 1!>-IAC I~Lw c;L,,·J,:. cl h~n, ;, ow Cw•-h '

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? r Yes I IV No

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET TillS REQUEST?----------

Traosmitted to Administrator Via:

~ Interactive Web Form E-Mail Fax Mail Hood Delivered Phone

314

JUL 28,2008 11:43A DOG KIDZ 000-000-00000

INb{AN RIVER COUNTY BOARD OF COUNTV COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any orpoizatiuo or il!ldlvldual wlsldag to ddnoo tile Boanl of County Comllli ... on ob811 eompleie thl~ fonn and submit it to tllelodiau River County Admiolatnoto..'o Oft1ce.

l:IJ!ILJC f)lSCUSSION INfORMATION

f.adiu River CDRaty Coole See!jot JIZ !1419lfb): as a &Uel'lll rvle, public diilciiiOIOB iC..s ahollld k 6mited 1o ..-n,. ""'*'1M_......,. IIUIY 1aluo actio•

lad!pp Biyer Co .. ty Code Sedioa 182.DIG): limit remarks to til- milluloo aaleos additioeal ti..., is IIJ'IIIIIed by tile ce-ilalo•

NAME 01' INPIVIOVAL OR ORGANIZATION: Sondra Bl1kley- DOll KidzCoulry Daycart & Boarding

ADDRESS: 7050 7,.. Street, Vero llel<b PHONE:

SUBJECT MA TTF.R FOR DISCUSSION: Appliaotioo or Keallel Set Boob to aoa·l..,,.el ponioa of property

IS A PRESENT A TlON PLAN!'IEP1 Ons [· I NO

IS BA<:K-UP BEING PROVIDED EJns DNO

IS THIS AN !\PPEAL OF A DECISION ~YES Oso wtiAT RESOLUTION ARE YO II To t""'':oiu difl'.,.m<e -· daytklle dog bw•louo aod nigbttime REQUESTING OF THI! COMMISSION? lleollel busi"'!" a•d 1101 apply sa•e setllltb per Codo Enforeeuaent

ARE PUBLIC FUNDS oR ACTIVITIES REQUIRED? 0 ns

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? OVerturn Code Euforoe•oat ruUog

1'nllsonil!od I<> Admin i-ter Via: : vF~ .. Web form

........ Mail

Haod Delivered Phone

COUNTY ADMINISTIIATOit ·------4~ frtC osepb A. Bllnl

MEETINCDATE: ~/.:2-/ f?tJCJfS

page 1

(

315




Indian River County Code Section 1 02.04(9)(b ): as a general rule, public discussion items should be limited to matters on which the commission may take action


NAME OF INDIVIDUAL OR ORGANIZATION: Dr. Stephen J. Faherty, Sr.

ADDRESS: 2120 Captains Walk, Vero Beach, FL 32963 PHONE: 772-231-8139

SUBJECT MATTER FOR DISCUSSION: Support for County Resolution on Electric Utility Referendum

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

~YES

LJYES

DYES

LJNo

~NO

~NO

Resolution is being submitted to County Board from County Staff for 8/12/08 Board Meeting.

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ~ YES DNo

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Voter education on Referendum issue and related County support

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

COUNTY ADMINISTRATOR: ~-:!;;! ~Joseph A. Baird

MEETINGDATE: ~ /<:J-/ ,J2CJOJ"'

316

;o Bw INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION




Indian River Countv Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River Countv Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Bill Glynn, President, North Beach Civic Association

ADDRESS: 1802 East Barefoot Place, Vero Beach PHONE: 772-388-0034

SUBJECT MATTER FOR DISCUSSION:

Condemnation and Removal of Unsafe Residential Structure located at 9856 Doubloon Drive, Summerplace

IS A PRESENTATION PLANNED? D Yes w No

IS BACK-UP BEING PROVIDED? D Yes [I] No

IS THIS AN APPEAL OF A DECISION? D Yes 00 No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

Approval of Condemnation and Removal of Unsafe Substandard Residential Structure Damaged During Hurricanes of 2004 (Included in Staff Report Item 12Al - Condemnation, Demolition and Removal of Unsafe Structures)

ARE PUBLIC FUNDS OR ACTIVITIES REQUffiED? Yes I No

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?----------


COUNTY ADMINISTRATOR: ~ ¥JOSePhA· Baird

MEETINGDATE: ~ ;':J, cf({IIJ,j

F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Fonn.doc Board Approved 1In/06

317

/0(3 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION


Any organization or individual wishing to address the Board of County Commission shall complete this form ~and submit it to the Indian River County Administrator's Office.




NAME OF INDIVIDUAL OR ORGANIZATION:

Charlie Wilson, Media Arts Group, Representing Imagine Schools

ADDRESS: P. 0. Box 651114, Vero Beach, Florida PHONE: 321-3297

SUBJECT MATTER FOR DISCUSSION:

Imagine Schools Proposed Site Plan Condition Amendment 4" Street Left Turn Lane

IS A PRESENTATION PLANNED? D Yes [i_] No

IS BACK-UP BEING PROVIDED? D Yes ~ No

IS THIS AN APPEAL OF A DECISION? lRJ Yes D No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?------------

_Relief from obligation to build left turn lane for Phase II of Imagine School Project. _________ _

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Yes~

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?----------


MEETING DATE:

F;\County Admin\ExecAsst\AGENDA\PubUc Discussion Items Form.doc Board Approved \ln/06

318

IOCL



DEPARTMENT HEAD CONCURRENCE:

Development Director

THROUGH: Stan Boling, AICP; Planning Director 1w ~ FROM: John W. McCoy, AICP; Senior Planner, Current Development


PUBLIC NOTICE (INFORMATIONAL)

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 12, 2008.


Please be advised that the following public hearing item has been scheduled for Board consideration:

August 19, 2008

1. Pointe West ofVero Beach, Ltd.'s Request to ModifY the Approved Planned Development (PD) Conceptual Plan for Pointe West [PD-08-10-05 I 98050151-62284] [Legislative]

RECOMMENDATION:

The above referenced public hearing item is provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM:

FOR:~ BY: '?--/2-(Y7

Indian River Co.

F:\Community Development\Users\CurDev\public hearing notices\BCC\2008\8~ 12·08 public hearing notice to board.rtf 319

TO:

DATE:

SUBJECT:

THROUGH:

FROM:

Departmental JM:atters

INDIAN RIVER COUNTY

BlliLDING DIVISION


JOSEPH A. BAIRD COUNTY ADMINISTRATOR

August 1, 2008

CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES

ROBERTM. KEATING,DIRECTORILM K COMMUNITY DEVELOPMENT DEPARTMENT

JAMES I. AKINS, JR., CBO BUILDING OFFICIAL

It is requested that the data herein presented be given formal consideration by the Board of County Conunissioners at its regular meeting of August 12, 2008.


The structures listed in the attached detail and described in the attachment to the resolution have been condenmed and ordered repaired or removed. Said structures have been inspected by staff, and are considered unsafe and detrimental to the health, safety, and welfare of the general public.

As per county code requirements, the owners ofthe property and others with an interest in the property were issued notices to repair or remove the structures within 60 days, and advised of their right to appeal the condenmation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, condenmation cards were posted on the properties. The owners were also notified that the Board would consider a Resolution to demolish the buildings and impose liens, if they failed to either pull permits to repair or demolish the structures. None of the owners have applied for repair permits, demolition permits or appealed the decision of the Building Official.

/~A1-

320

ANALYSIS:

The subject structures have been vacant for a considerable time. During that time, the buildings have continued to deteriorate and have been frequented by vandals and transients. Not only have the owners failed to maintain the structures in compliance with the Minimum Standard Codes, they have failed to bring the structures into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structures and assessing a lien against the property for demolition and removal. Recent County demolition contracts have averaged $4,175 per structure.

RECOMMENDATION

Staff recommends that the Board of County Commissioners declare said structures unsafe and a nuisance, and order the buildings demolished with related debris removed from the property by a private vendor approved through standard bid procedures.

Staff further recommends that the Board adopt the attached resolution authorizing the Building Official to report the county's demolition and debris removal cost for the said structures to the county attorney for the preparation and recording of a lien to be placed on the real property of the owners of the demolished unsafe structures for the purpose of recovering the county's cost. Staff also recommends approval of a necessary budget amendment to cover the demolition and removal of the structures and any other necessary legal expenses.


BY: ~£? FOR: <;?- I d - 0 Y

Attachments:

1. Resolution 2. Condemnation List 3. Pictures of Condemned Structure.

Indian River Co.

Admin.

Legal

Budget

Dept.

RiskMgr.

Approved Date

321

RESOLUTION NO. 2008· __

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURES AND THE RECOVERY OF COSTS.

WHEREAS, Indian River County has adopted the Property Maintenance Code at Section 403, Indian River County Code; and

WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolitions of unsafe structures by policies and procedures established by the local governing body; and

WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against the property for the costs incurred by the County; and

WHEREAS, pursuant to Chapter 162, F.S., notice of intent to adopt a lien resolution has been given to the proposed lienee(s),

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the unsafe structures on the properties described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare lien(s) for the recovery of those costs,

322


to be placed upon the real property of the unsafe structures as listed in the attached Condemnation List, any such .liens bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid.

The foregoing resolution was offered by Commissioner --:---:--:-:--- and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: ·

Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Joseph E. Flescher Gary C. Wheeler Peter D. O'Bryan

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


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

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

By u;-'4 U~-e_'.r ~r William K. DeBraal

Deputy County Attorney


By: -=---:---:--::--:---=-:---Sandra L. Bowden, Chairman

2

323

Attachment: Condemnation List

I.

2.

3.

Owner: Alan & Helen Furet

Property: 9586 Doubloon Drive

Tax ID#: 31-39-23-00008-0007-00009.0

Legal Desc.: Lot 9, Block G, Summerplace Unit 4, according to the plat thereof, as recorded in Plat Book 8, Page 22 of the public records oflndian River County, Florida.

Owner: Paul James McGriff

Property: 1730 38th Lane

TaxiD#: 32-39-26-00010-0030-00043.0

Legal Desc: Lot 43, Block 3, Geoffreys Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 32 of the public records of St. Lucie County, Florida. Said lands now lying and being in Indian River County, Florida.

Owner: Pearl Hampton-Jackson, Presley Jackson and Thomas Jackson

Property: 4380 38th Avenue

Tax ID#: 32-39-27-00000-3000-00006.0

Legal Desc: Parcel 1: Beginning at a point 100 feet east of the northeast comer of Block 3 of Carver Colony Subdivision, being a subdivision of the north 735.0 feet of the west Yz of the northeast Y, of the northwest Y, of Section 27, Township 32 South, Range 39 East, as recorded in Plat Book 4, at Page 87, in the public records oflndian River County, Florida; thence run east 150 feet, thence south 100 feet; thence west 150 feet; thence north 100 feet to the point of beginning.

The said beginning point is further described as being 604.18 feet west and 635 feet south of the northeast comer of the northwest Y, of Section 27, Township 32 South, Range 39 East on the east rightof-way line of 38th Avenue.

324

4.

5.

Owner:

Parcel 2: Beginning a point I 00 feet east of and 5 feet north of the northeast comer of Block 3 of Carver Colony Subdivision, being a subdivision of the north 735.0 feet of the west Y, of the northeast V. of the northwest V. of Section 27, Township 39 South, Range 39 East, as recorded in Plat Book 4, at Page 87, in the public records of Indian River County, Florida; thence run East 200 feet, thence South 195 feet; thence run West 200.63 feet, thence run North 195 feet to the point of beginning. Less and except that parcel ofland described in O.R. Book 31, at Page 471. (a!k/a Parcell above)

Hampton Jackson, Phoebe Jackson Gipson, Holly Jackson, Thomas Jackson, Pressley Jackson, Pearl Jackson, Alicia Jackson, Jewel Jackson White, Regina Jackson, Merrill Jackson Adkins, Hampton J. Jackson, Jr., Constance Jackson, Merrill A. Russ

Property: 40760ld Dixie Highway

Tax ID#: 32-39-26-00008-0000-00002.0

Legal Desc.: Lot 2, Espys Subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 36, of the public records of St. Lucie County; said land now lying and being in Indian River County, Florida.

Owner: Thomas A. Kale

Property: 2406 501h Avenue

Tax ID#: 33-39-04-00001-0020-00010.0

Legal Desc.: Commencing at the southeast comer of the west 10 acres of Tract 2, Section 4, Township 33 South, Range 39 East, according to the last general plat oflands of the Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, at Page 25, and thence run north on the·east boundary line of said west 10 acres for a distance of 600 feet to the point of beginning; thence run west 138.10 feet parallel with the south boundary line of said Tract 2; thence run north 100 feet parallel with the east boundary line of said Tract 2; thence run east 13 8.10 feet parallel to the first course, then run south on the east boundary line of said west 10 acres, a distance of I 00 feet to the point of beginning; said land now lying and being in Indian River County, Florida

325

-.,

~·· -----.. ·:. ~' ·,;,.

~-····~·---

-~

-~ ----·--·-·

... ·-------

,-i_ - ---------...,...;;;;;._~~ ----.

.__.:r-··-

;~·;},

0 -Q.

t;! ~

"

TO:

Indian River County Inter-Office Memorandum

Office of Management and Budget


Departmental Matters

DATE: July 29, 2008

SUBJECT: City of Vero Utility Re.~erendumRequested Actions '.\•.

FROM:

Background

On May 6, 2008, Dr. Stephen J. Faherty made a presentation to the Board of County Commissioners under Public Discussion Items with respect to the Vero Beach Electric Utility. The Board directed staff to meet with Dr. Faherty; evaluate the issues presented from the perspective of the County; and make recommendations to the Board. Accordingly, staff has reviewed Dr. Faherty's presentation and met with Dr. Faherty.

Essentially, Dr. Faherty seeks a series of actions from Indian River County as set forth below:

1. Approve a resolution supportiqg· thereferendum (copy attached). 2. Authorize the drafting of a letter· from the Chair of the Board of County Commissioners to

the Vero Beach City Council and Indian River Shores Town Council including a copy of the County Board's Resolutions and requesting the City and Town to pass their resolutions in order to inform the custor.ner electorate as soon as possible.

3. Authorize the County Staff to arrange with the City for stuffers or similar communications to be included in the City's utility bills to advise the customer electorate of the County Board's Resolution and other information related to the utility issues.

4. Authorize the County staff to work with the other jurisdictions in relation to the Referendum and implementing actions required subsequent to it

Alternatives and Analysis

On June 25, 2008, Governor Crist signed into law House Bill 7135, Chapter 2008-227, which includes a provision for a question to be asked in a referendum that would apply to the City of Vero Beach municipal utility. The text of the question to appear in the referendum for November 2008 is set forth in Florida Statues section 366.06(7)(c) as follows:

333

Board of County Commissioners Page 2 of 3 July 29, 2008

"Should a separate electric utility authority be created to operate the business of the electric utility in the affected municipal electric utility?

Yes. No!!.

It appears that the threshold policy issue for the Board of County Commissioners is whether the proposed referendum affects the Co1,1~ty. ·If the Board believes that the referendum does affect the County, as a condition precedenff9 the' expenditure of County funds, the Board must make appropriate and required legislative findings that the expenditure will serve a valid public purpose and provide a benefit to the 'County. After making such findings, the Board can authorize the expenditure of County funds. The next policy question is whether the County wishes to expend County funds to inform and· educate on the referendum; and if so the nature and extent of such program. It should be noted that in the past the Board has undertaken numerous initiatives to inform and educate on ballot questions. This includes education campaigns· for environmental bond authorizations and the optional one cent sales tax.

One of the key concerns that has been raised by Dr. Faherty and others regarding the City of Vero Utility is a situation that seems to be analogous to taxation without representation. Approximately 60% of the electric utility's customers are outside the city limits. According to City of Vero staff, 51% of the customers are in the unincorporated area and an additional 9% are in the Town of Indian River Shores. In fiscal year 2005106, the City transferred $6,978,100 from the electric and water & sewer utilities into the City's General Fund. It would be reasonable to assume that approximately 60% of this transfer ($4.1 million) was funded by rates charged to customers outside of the city limits. As a point of reference, the total ad valorem levy for the City of Vero in fiscal year 2005/06 was $5.2 million. As Dr. Faherty has stated, these same customers have no ability to vote for City Council members. Therefore, they are making a substantial contribution to support goverflmenta! operations of the City while not having the same voting rights as citizens of the yily. 'If a separ!'lte authority is approved, this portion of the customer base may benefit from thei'Q\Janges. · It should also be noted that the remaining 40% of the customers (City of Vero taxpayefu) may be adversely impacted by such changes.

Staff is requesting policy decisions from the Bo!'lrd on the requested action items. These items and some alternative actions are listed below>

1. Approve a resolution supporting the referendum (copy attached).

Attached is a draft resolution that supports the referendum without advocacy for the Board's consideration.

2. Authorize the drafting of a Jetter from the Chair of the Board of County Commissioners to the Vera Beach City Council and Indian River Shores Town Council including a copy of the County Board's Resolutions and requesting the City and Town to pass their resolutions in order to inform the customer electorate as soon as possible.

A letter for the Chair's signature is attached. The Board may authorize transmission of this letter to the City and to the Town. The Board may choose to request this action of the Town of Indian River Shores only or may request action from both the Town and the City. .:;

'·.'.~:~ . ,(4': ' 334

Board of County Commissioners Page 3 of 3 July 29, 2008

3. Authorize the County Staff to arrange with the City for stutters or similar communications to be included in the City's utility bills to advise the customer electorate of the County Board's Resolution and other information related to the utility issues.

The Board may direct staff to work with the City to insert a stuffer in their utility bills prior to the November referendum. Dr. Faherty has indicated that the City advised him that it will not allow private individuatlr to insert stuffer in their utility bills. In discussions with City staff, we have been ·· informed that only official City business from City departments-and nothing from outside persons-is sent out with City electric bills. However, it would seem appropriate to have the City and County work together on a voter information and education program for utility customers. Another option for the County would be to request the mailing addresses of City. utility customers for the preparation of a separate mailing to utility customers. This mailing could be conducted by either the County or a private individual or group. There would be an associated cost with the printing and mailing of said stuffer, and the Board needs to decide whether this should be funded with county dollars or private funds.

4. Authorize the County staff to work with the other jurisdictions in relation to the Referendum and implementing actions required subsequent to it.

This request is for County staff to work with the City and the Town of Indian River Shores in crafting a charter for the new authority after the referendum (assuming it passes). The enabling legislation states that if the referendum is approved, the affected municipal electric utility shall, no later than January 15, 2009, provide to each member of the Legislature whose district includes any portion of the electric service territory of the affected municipal electric utility a proposed charter that transfers operations of its electric, water, and sewer utilitY businesses to a duly created authority, the governing board of which shall proportioi)~;lly represent. the number of county and city ratepayers of the electric utility. This activity \('/Ould be designed to ensure that the utility customers outside the City are represented during the creation of such charter. The two major issues with regard to the City utility are cost and representation. Regarding cost, the City entered into a contract in May 2008 with the Orlando Utilities Commission (OUC) which may provide lower rates. However, rate, efficiency, and service studies need to be completed prior to the contract becoming effective in January 2010. These studies would benefit from customer representation and input. Additionally, the legislation states the governing body of the new utility authority is to be representative of the customer base in the three jurisdictions. The customers would be best served through a cooperative effort among the County, the City of Vero and the Town of Indian River Shores in drafting the charter of the new utility authority.


oseph A. Baird County Administrator


Indian River Count

335

Sandra L. Bowden Chairman District 5

Wesley S. Davis Vice Chairman

District 1

August12,2008


Thomas P. White, Mayor City of Vera Beach P. 0. Box 1389 Vera Beach, FL 32961-1389

Dear Mayor White:

Joseph E. Flescher District 2

Gary C. Wheeler District 3

Peter D. O'Bryan District4

Attached is a copy of a Resolution of the Board of County Commissioners of Indian River County, approved by the Board on August 12, 2008, in support of the "City of Vera Utility Referendum" to be held in conjunction with the general election of November 4, 2008.

The Indian River County Board of Commissioners is requesting the support of the City Council of Vera Beach in adopting a resolution similar to the enclosed resolution.

If the City Council of Vera Beach adopts such a resolution, please forward a certified copy of your resolution to the Indian River County Board of Commissioners. Thank you.

Sincerely,

Sandra L. Bowden, Chairman Indian River County Board of County Commissioners

Attachment

1801 27" Street Ver o Beach, FL 32962

(772) 226-1490 . 336

Sandra L. Bowden Chairman District 5

Wesley S. Davis Vice Chairman

District 1

August 12, 2008


Thomas W. Cadden, Mayor Town of Indian River Shores 6001 North A1A Indian River Shores, FL 32963

Dear Mayor Cadden:

Joseph E. Flescher District 2

Gary C. Wheeler District 3

Peter D. O'Bryan District 4

Attached is a copy of a Resolution of the Board of County Commissioners of Indian River County, approved by the Board on August 12, 2008, in support of the "City of Vero Utility Referendum" to be held in conjunction with the general election of November 4, 2008.

The Indian River County Board of Commissioners is requesting the support of the Town of Indian River Shores in adopting a resolution similar to the enclosed resolution.

If the Town Council of Indian River Shores adopts such a resolution, please forward a certified copy of your resolution to the Indian River County Board of Commissioners. Thank you.

Sincerely,

Sandra L. Bowden, Chairman Indian River County Board of County Commissioners

Attachment

1801.21' Street . Ver o Beach, FL 32962

(772) 226-1490 337


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE "CITY OF VERO UTILITY REFERENDUM" TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION OF NOVEMBER 4, 2008

WHEREAS, On June 25, 2008, Governor Crist signed into law House Bill 7135, Chapter 2008-227, that includes a provision for a question to be placed on the referendum that would apply to the City of Vera Beach municipal utility ("Utility Authority Referendum").

WHEREAS, The Utility Authority Referendum question to appear on the November 4, 2008 ballot, pursuant to Florida Statutes section 366.04(7)(c)(2008) shall contain the following language:

"Should a separate electric utility authority be created to operate the business of the electric utility in the affected municipal electric utility?

_Yes. _No".

WHEREAS, The outcome of the Utility Authority Referendum will affect: (a) residents within the City limits of the City of Vera Beach (herein "City Customers"); (b) residents within the Town limits of Indian River Shores who receive electric, water and sewer services from the. City of Vera Beach (herein "Town Customers"); and (c) residents of unincorporated Indian River County who receive electric, water and sewer services from the City of Vera Beach (herein "County Customers").

WHEREAS, based on information presented to the Board of County Commissioners from time to time by various individuals, County Customers believe that they have no elected or appointed representation with in the City ofVero Beach to address their concerns and, therefore, have requested a resolution in support of the Utility Authority Referendum.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The Indian River County Board of County Commissioners ("Board") supports the Utility Authority Referendum.

2. The Board requests that the City Council of Vero Beach support the Utility Authority Referendum.

3. The Board requests that the Town Council of Indian River Shores support the Utility Authority Referendum.

4. The Board requests that the City Council of Vera Beach authorize, fund, and actively engage in a public information and education program with respect to the Utility Authority Referendum, so that the persons eligible to vote in the Utility Authority Referendum are fully informed on the full effects of the Utility Authority Referendum; and the County hereby commits fully and actively to work with th~ City of Vera Beach in such public information and education program with respect to the Utility Authority Referendum.

1

338


5. The County further requests that the City Council of Vero Beach designate staff to work with designated County staff on the public information and education program with respect to the Utility Authority Referendum.

6. The Board supports the rights of County Customers and Town Customers to public participation in the development of the proposed charter for the proposed Utility Authority and in the composition of the governing board of the proposed Utility Authority, as contemplated by the text of the enabling legislation, "the governing board of [the new authority] shall proportionally represent the number of county and city ratepay~s of the electric utility."

' '":'t~-\ ., ·-

7. If the voters approve the Utility Authority Referendum, the Board requests that the City of Vero Beach work with the County, the Town of Indian River Shores, County Customers, and Town Customers to ensure appropriate proportional representation on the governing board of the proposed Utility Authority.

7. The Board directs that certified copies of this Resolution be sent to the City of Vero Beach and to the Town of Indian River Shores.

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 Gary C. Wheeler Commissioner Joseph E. Flescher __ Commissioner Peter D. O'Bryan

t.

The Chairman thereupon de~l~[ed this Res.dlution duly passed and adopted this day of August, 2008. "'' ·

---· BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA


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

:-;~-~.:··· >{~-~

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

2

339



THRU: p..~~. James W. Davis, P.E., ~ v Public Works Director

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


DEPART!\IENTAL l\IATTERS

SUBJECT: Right-of-Way: Acquisition of Right-of-Way for County Road Projects

BACKGROUND

On June 17, 2008, the Board of County Commissioners requested that staff conduct a presentation explaining right-of-way acquisition procedures. In July, 2008, staff met twice with a group of 66th Avenue property owners, who expressed concerns about County procedures in acquiring land for the 66th Avenue road widening project. To address the above concerns, staff prepared a Powerpoint presentation detailing the County right-of-way acquisition process.

ANALYSIS

Historically, the County has used the following four methods of obtaining right-of-way for road widening projects.

1) Arms-length negotiation 2) Dedication during land development process 3) Murphy deeds 4) Eminent domain

Primarily, the County has relied on negotiation, dedication and Murphy deeds to supply the necessary right-of-way for roadway widening projects. If negotiations stalled or failed, the County has not been aggressive in utilizing its statutory power of eminent domain to pursue condemnation of properties.

On March 13, 2007, in an effort to streamline and speed the acquisition of right-of-way for road projects, the Board of County Commissioners adopted Resolution #2007 -027. The resolution was a non-binding, general policy which set forth a schedule for rQad plans, property owner notifications, negotiations and, ultimately, condemnation proceedings.

F:\Traffic\CRM\My Docwnents\Land Acquisition\R.O.W. acquisition procedures.BCC

Right-of-Way Acquisition BCC Agenda: August 12, 2008 REGULAR AGENDA I DEPARTMENTAL MATTERS I PUBLIC WORKS Page2

To address concerns expressed by the Board and the 66th Avenue property owners, the County Attorney has amended Resolution #2007-027 to reflect several changes. More specifically, the Notice-To-Owner letter, which notifies affected property owners of their statutory rights during eminent domain proceedings, will be sent earlier in the process; that is, when owners are first contacted by the County about the road widening project. Also, the S.C.A.L.E. report was formally added to the schedule.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve and adopt the attached Resolution, amending County policies for acquisition of right-of-way for road expansion and improvement projects previously set forth in Resolution #2007 -027.

ATTACHMENT:

1. Resolution


FOR: --'=c.=::: ::::1:;;• 2;;i'i;T2.::.0.::.:0!5=----

BY :_..:::.~~ ........ "'------

F:\Traffic\CRM\My Documents \Land Acquisition\R.O. W. acquisition procedures.BCC

Indian River Co. Administration

Attorney

Budget

Public Works Land Acquisition

Approved Date

't· 7 .{j$"

we- 8· .J-ot,

flt)~x{r- f/s/Df' r~ 8~S"-G%

c.,.... 8-S"-O!?

RESOLUTION 2008-__

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTI~IC FORTI-I AMENDING POLICIES FOR ACQUISITION OF RIGHT-OF-WAY FOR ROAD EXPANSION AND IMPROVEMENT PROJECTS PREVIOUSLY SET OUT IN RESOLUTION NO. 2007-027.

WHEREAS, Indian River County is currently undertaking several major road expansion and improvement projects throughout the County, and

WHEREAS, acquisition of necessary right-of-way is a vital element of these projects; and

WHEREAS, the County is mindful that acquiring right-of-way can sometimes entail taking a portion or all of a homeowner's or property owner's entire parcel; and

WHEREAS, the County desires to implement a policy to insure that all homeowners and property owners are treated in a uniform and consistent manner when the County seeks to purchase property for· right-of-way purposes; and

WHEREAS, by issuing this resolution, the County intends to create a general policy of timely right-of-way acquisition that treats all people fairly, so that if voluntary purchase of needed right-of-way is not accomplished, the County may resort to its power of eminent domain;

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

1. When a proposed road expansion and improvement project has been proposed and a typical cross section or roadway design has been approved by the Board of County Commissioners, staff should begin the process of acquisition of right-of-way by contacting landowners to initiate the acquisition process. Working in coordination with the design engineering firm selected for the project, consideration should be given for the need for large parcels for storm water treatment, utility relocation or parcels of special interest such as commercial property.

2. When negotiating contracts with design engineering firms, the contract should call for the firm to provide the County with parcel sketches and legal descriptions of all right-of-way parcels needed and SCALE (safety

1

Coding: Words underscored are additions to text; words in Ele~lille strihett'lre~~t'l format are deletions to text.

342

RESOLUTION 2008··--

considerations: cost: availability of alternate route: long-range planning: and environmental factors) reports for the road project.

3. When the design of the project has reached 30%, an open house/workshop should be held where affected landowners would be notified and invited to attend. Focus should be concentrated on landowners that are willing to sell their property (large or small parcels) at this early stage and if possible, should be accommodated with lease back agreements or similar arrangements. A map or critical path chart should be developed to show needed parcels, identify the owners and progress made during acquisition.

4. Once ~ a segment of a project has reached 60% design completion, the design engineering firm shall provide parcel sketches and legal descriptions of right-of-way parcels needed for the improvement project. The following outline would be used:

• Affected la_nd owners would be contacted within 30 days of receipt of 60% plans or within 30 days of receipt of a sketch and legal description of the property necessary to be acquired and provided notice of their statutorv rights pursuant to section 73.015, Florida Statutes.

• After notice to owner, Wnegotiations will remain open for 120 days after the notification to complete a voluntary purchase unless extended by both parties or terminated by either party. in writing.

• Following tl;le €ll(J3iFatieR ef tl;le 12Q €lay J3€lFie€1 eF termination of negotiations, wRieR eveF eee~Fs fiFst, the file would be assigned to one of the eminent domain firms on contract for drafting a resolution of necessity for approval by the Board of County Commissioners.

• At the same time, an appraisal would be ordered for the affected property in order to comply with statutory requirement. and the consulting engineer would be directed to prepare a SCALE report.

• Following the completion of the appraisal and SCALE report, an unconditional good faith offer would be made to the property owners and iilJ3J3HlViill ef tR€l 9. resolution of necessity would be brought before the Board for approval a @€l€J€1 ~itt;! eff€lF we~l€1 13e ma€1e te tl;le J3F€lJ3€lRY S'lo'FI B rs.

• If the offer supported by the appraisal is not accepted within 30 days, suit would be filed for a quick take.

•5. All subdivisions are required to donate the minimum local road right-of-way.

2

Coding: Words underscored are additions to text; words in €1s~i31e stFiketRF€J~@R format are deletions to text.

343

RESOLUTION 2008· __

• The County would offer to purchase ultimate right-of-way on collector roads and thoroughfares.

• The purchase price for any property in excess of the minimum right-of-way would be based on recent comparable sales for vacant land.

@§.This is a resolution of general policy which is not binding. Deviations from this policy can be made as needed to fit the circumstances of unique acquisitions.

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 Gary C. Wheeler Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this __ day of August, 2008.


By_~-~=-~----Deputy Clerk

Approved as to form and Legal Sufficiency

William G. Collins II County Attorney

3


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

BCC Approved:

Coding: Words underscored are additions to text; words in Elee~ele stFil~etl:lme~~l:l format are deletions to text.

344


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING POLICIES FOR ACQUISITION OF RIGHT-OF-WAY FOR ROAD EXPANSION AND IMPROVEMENT PROJECTS PREVIOUSLY SET OUT IN RESOLUTION NO. 2007-027.

WHEREAS, Indian River County is currently undertaking several major road expansion and improvement projects throughout the County, and

WHEREAS, acquisition of necessary right-of-way is a vital element of these projects; and

. WHEREAS, the County is mindful that acquiring right-of-way can sometimes entail taking a portion or all of a homeowner's or property owner's entire parcel; and

WHEREAS, the County desires to implement a policy to insure that all homeowners and property owners are treated in a uniform and consistent manner when the County seeks to purchase property for right-of-way purposes; and

WHEREAS, by issuing this resolution, the County intends to create a general policy of timely right-of-way acquisition that treats all people fairly, so that if voluntary purchase of needed right-of-way is not accomplished, the County may resort to its power of eminent domain;

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

1. When a proposed road expansion and improvement project has been proposed and a typical cross section or roadway design has been approved by the Board of County Commissioners, staff should begin the process of acquisition of right-of-way by contacting landowners to initiate the acquisition process. Working in coordination with the design engineering firm selected for the project, consideration should be given for the need for large parcels for storm water treatment, utility relocation or parcels of special interest such as commercial property.

2. When negotiating contracts with design engineering firms, the contract should call for the firm to provide the County with parcel sketches and legal descriptions of all right-of-way parcels needed and SCALE (safety considerations; cost; availability of alternate route; long-range planning; and environmental factors) reports for the road project.

1

345

RESOLUTION 2008-__

3. When the design of the project has reached 30%, an open house/workshop should be held where affected landowners would be notified and invited to attend. Focus should be concentrated on landowners that are willing to sell their property (large or small parcels) at this early stage and if possible, should be accommodated with lease back agreements or similar arrangements. A map or critical path chart should be developed to show needed parcels, identify the owners and progress made during acquisition.

4. Once a segment of a project has reached 60% design completion, the design engineering firm shall provide parcel sketches and legal descriptions of rightof-way parcels needed for the improvement project. The following outline would be used:

• Affected land owners would be contacted within 30 days of receipt of 60% plans or within 30 days of receipt of a sketch and legal description of the property necessa_ry to be acquired and provided notice of their statutory rights pursuant to section 73.015, Florida Statutes.

• After notice to owner, negotiations will remain open for 120 days after the notification to complete a voluntary purchase unless extended by both parties or terminated by either party, in writing.

• Following termination of negotiations, the file would be assigned to one of the eminent domain firms on contract for drafting a resolution of necessity for approval by the Board of County Commissioners.

• At the same time, an appraisal would be ordered for the affected property in order to comply with statutory requirement, and the consulting engineer would be directed to prepare a SCALE report.

• Following the completion of the appraisal and SCALE report, an unconditional good faith offer would be made to the property owners and a resolution of necessity would be brought before the Board for approval.

• If the offer supported by the appraisal is not accepted within 30 days, suit would be filed for a quick take.

5. All subdivisions are required to donate the minimum local road right-of-way.

• The County would offer to purchase ultimate right-of-way on collector roads and thoroughfares.

• The purchase price for any property in excess of the minimum right-of-way would be based on recent comparable sales for vacant land.

2

346


6. This is a resolution of general policy which is not binding. Deviations from this policy can be made as needed to fit the circumstances. of unique acquisitions.

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 Gary C. Wheeler Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this __ day of August, 2008.


By_~-~~~------Deputy Clerk

Approved as to form and Legal Sufficiency

~t&tf_~ William G. Collins II County Attorney

3


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

BCC Approved:

347

/;) :J 1-

Date:

To:

From:

Prepared& Staffed by:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

August 1, 2008

Joseph A. Baird, Cou~d~in~rat~ W. Erik Olson, Director ofUti~rvices

Michael Hotchkiss, P.E.- Capital Projects Mgr. J1l }::/,/, {..'A.

L.R. Brown, PE, Environmental Engineer tit=-5 D ~ :.b

Consulting Services Work Order No.7 with Schulke, Bittle & Stoddard, L.L.C. for Permitting, Design and Construction Services for a Water Main Extension on 77'h St. UCP-3086


The new maintenance facility for the Parks Department is scheduled for completion in mid 2009. Presently the 77th St. location has potable water service. However, the water lines adjacent to the site are inadequate for fire protection. There is an existing 16" brine line located along 77th St. which can be converted to a potable water line after a new brine line is available upon completion of the Spoon Bill Marsh Brine Project. This conversion will save approximately $16,000 on construction of a new 16" water main adjacent to the site. Estimated construction cost of the conversion is approximately $119,000.

Without this conversion, the Public Works Department would have to either construct a new 12" water main or a water well with pumps to provide fire protection. The new water main is estimated to cost $135,000.00 (See Attachment 1) and the well and pumps alternative is estimated to cost $350,000.00. Therefore, the cost to convert the 16" brine line is the cheapest of all the alternatives considered. All funding will be provided by the Public Works Department under account number 31521072-066510-05048.

Work Order #7 (See Attachment 2) to Schulke, Bittle & Stoddard would provide surveying, pot holing, water testing, design engineering, permitting and construction services to convert the existing brine line to potable water main use. Exhibit 1 (See Attachment 3) details the scope of work covered in Work Order #7, and Exhibit 2 (See Attachment 4) lists the fee schedule. In addition to the $19,750 engineering fee, an estimated $2500 in direct expenses will be included to bring the total fee to $22,250. Exhibit 3 (See Attachment 5) gives the completion times for WO #7. This project requires a larger percentage of engineering than normal due to additional field verification of material conformance to standards and a substantial amount of sanitary testing from what is required of a normal project.

F:\Utilities\UTILITY- EMPLOYEE FOLDERS\Larry Brown \Agenda 77th St. Water Main Extension.doc

348

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Work Order No. 7 to Schulke, Bittle & Stoddard, LLC in the amount of $22,250 for design work associated with this project, and authorize the Chairman to execute same.

ATTACHMENTS;

I. Estimated Cost ofNew 12" Water Main 2. W0#7 3. Scope of Work 4. Fee Schedule 5. Time Schedule

ACCOUNT NUMBER ACCOUNT NAME AMOUNT

315210-066510-05048 IRCPARKS $22,250.00 MAINTENANCE COMPLEX

Indian River Co.

APPROVED FOR AGENDA: Admin

FOR: '?-1~-0? Date

F:\Utilities\UTILITY ~EMPLOYEE FOLDERS\Larl)' Brown\Agenda 77th St. Water Main Extension.doc

349

Item I

30" x 12" Tapping

ESTIMATE COST OF IMPROVEMENTS NEW 12" WATER MAIN

Unit of

LS LS

12" H.D.P.E. i I Bore (58th Ave) 1:13

Unit Prico

$1

Total Pric<> $15,QQQ,QQ

. $11 ,500.00

Temo Jumoer ~ 12" PVl • Main 1182

~- • H~E Dlr. Bore (2 "ores at 77th >;t) ll)

1---7------10 ~"M~··'-~G'-~··'V. ~~~Q;\[=:t:=2~=t=~=t====~::· ~,==~SZ~,~

)65.

45. .

f-----:"'--Jii !!!_! 'W/6" G.V. 2 ~. ~ "SeiVice 1

11 iowOff 1 12 t to Existino · 1 .S ,000.1 13 1 14 ;urvev Stake OuU As Builts 1 .s .

$1 1@10%: . $12,273.5

1<111

A tt::.~h merll5Jl

WORK ORDER NUMBER 7

This Work Order Number 7 is entered into as of this __ day of =---=-----:--:-:::--' 2007 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of April 6, 2004 and amended effective April 7, 2007 (as so amended, the "Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Schulke, Bittle & Stoddard, L.L.C., ("CONSULTANT').

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2 (Fee Schedule), attached to this Work Order and made a part hereof by this reference: The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 3 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

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

CONSULTANT Schulke, r tie & Stoddard, LL.C.

Title: Managing Member


By~~~~~-~~-----Sandra L. Bowden, Chairman Board of County Commissioners

Attest: J.K. Barton, Clerk of Court

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

Approved:

fa Jose

) APR ved as to form and legal sufficiency:

l/i /- .7 r/ Marian E. Fell, Assista t County Attorney

Attachment 3fi 1

Project Description

EXHIBIT 'I' SCOPE OF WORK

WORK ORDER NO.7

The proposed project \ViH provide engineering design and permitting for the modifications to approximately l 000 LF of 16" PVC Utl!ity Transmission Main, which currently carries the Brine concentrate water from the I RC north R.O.W.T.P., to convert the utility main to a potable water distribution main~ The main is located on 7ih street. The modifications will include a portion of the main running from 58111 ave. east on 7ih st. approximately \000 ft. The work is anticipated to include decommissioning the existing main, cleaning and disinfecting the main, testing the main for contamina.nts, connecting rhe main to an existing JO" potable water main on 58 111 ave. constructing and connecting two (2) fire hydrants and a water service. and clearing the main for usc 1u distribu£e · potable \vater.

Scooe of Services Schulke. Binle & Stoddard, L.L.C. will provide services including surveying, preparntion of an informal proposal of the work for submittal to theFDEP, preliminary water sample and laboratory test ror contaminants. engineering design, preparation of-cons£ructlon plans, preparation nnd submittal of permit applications, construction adminis_tration and pertodic construction field inspection for the construction and testing required for the utility main conversion lying within or adjacent to 581

h ave and 77'" st. (see Attachment "A" for location and Anachment ·'B" for cost tabulation).

The estimated construction cost of this project is$ 118,937.50

In connection withthis project, the County will provide the Engineer with a copy of any pertinent Preliminary Data or Reports; all available drawings in electronic AutoCADD format; all surveys, maps and other documentation in the possession of or reasonably available to the County that are pertinent to the project.

Services not included in this scope of services are listed as follows: • Any. services associated with assisting Indian River County in review and evaluation

of Patent related disputes, issues,- or. claims including preparing fo serve or serving as a consultant or witness for Indian River County i,n litigation. arbitration .• public or Private hearings, or other lega_l administrative proceedings involving patent related disputes, issues or claims.

• Any services in connection wit~_ the project not otherwise provided for in this scope ·of services_

In order to execute this project in the most cost ~ffecti~e rna"nner.with Lhe most aggressive schedule, Schulke, Bittle & Stoddard, L.L.C. is using the following consultants:

-Houston, Schulke, Bittle & Stoddard, LLC. for necessary survey information.

- HBE.L, INC, for water sample testing.

-Sitewerks, INC, to uncOver existing utility main for inspection

:\:lerhod and Amount of Compensation

EXHIBIT '2' FEE SCHEDULE

WORK ORDER NO.7

Schulke. Biuk & Stoddard, L.LC.. proposes to provide the abov~ Scope of Services bnst:d L)O the following. lump .sum fi:c;;;:

Tt1Sk 1.

Task 2

Task J

Task 4

Task 5.

Task 6.

Surveying:

C.stablish state plain coordinate~ on Brine Main. c::stahlish a hasc!inc of construction and prc::parc topo survey along the route {locate EOP 13rine Main and adjacent fore tn<lin) and dctnilcd locations at the water main din::t.:tional bore and connection point (N.E. comer of 58111 ·;.we17th st.)

$ 1.800.00

Uttcover the utility main. The main will be excavated for inspection ~1.200.00 .at three locations (potholcd and inspected)

/\sample of the brin!! solmion will be tested for primary and secondary $2,250.00 maximum contaminant levels-( drinking water S\ve-cp)

Pn;:pp.n::. an informal proposal for subminallo lh~ FDEP which will $2.000.00 detail the project scope, testing, cleaning, disinfection and construction procedures proposed to convert and dear the main for potable water u.st:.

Engirieering design, preparation of Constmction Plans & $8.000.00 Specifications, preparation and submittal of permit appliCations. Preparation of bid documents.

Assistance during bidding, bid evaluation" eontrdct tn:o,·ard and (:Qi1Strucrion Administration (Pre-con, shop review. pay requests. $4.500.00 minor Plan modifications, Periodic Construction/Field InspeCtions. As~ Built rcivi"e:w. final documentation for close-outa1ld firial certifications.)

Total $ 19.750.00

Printing and Repmduction

The County ·shall ri1ak6 direct payment to ·our olll~e fOr the cos( of priilting project plan sheets required for utility coordinatfon- and· for copies of reports, drawings, specifications, and other: pr!rtinent ilems required by federal, state and loc.al agenci_c~ :fi:OJ!) whom approval of the projeCt inust be obtained. material supPliers, and olhcr interested parties. but may charge only for the actual cost of providing such copies based on the following tabulation:

8 1/2" x II" t I" X 17'' 3112" diskette CD

Application Fees

$ 0.12/shcct $ 0.50/shcet $ 2.00/cach $ 4.00/each

Blue Line Prints Reproducible Sepias Reproducible Mylars

$ 0.333/SF $ 0.75/SF $ 1.00/Sf

The county shall make direct payment to our office for the actual cost of all construction permit npp!ication fees paid to ·jurisdictional agencies, including but not limiH:.d to:

LD.E.P .. t.R.C. Enginccring(Right-of-Way), I.R.F.W.C.D .. S.J.R.W.M.D .. F.D.O.T.

2 Attachment358

Time of Performance

EXHIBIT '3' TIME SCHEDULE

WORK ORDER NO.7

The eslim<Hcd time frame for camp let ion or services from the approval of this Work Authorization is a follows:

I. Survcyiilg. Eng.ine.~ring Design & l'rt::parati-on of Construction Plans. specifications and Bid Documents

2. Submittal of Permit Applications and Receipt ofpennits Ari.d"Bidding/Contracl Award (Done Concurrently}

_3. Construction

2 Months.

3 Momhs

2 Months

Remainder of Page Intentionally Left Blank

3 Attachme6ti45

DATE:

TO:

THRU:

INDIAN RIVER COUNTY, FLORIDA AGENDA

JULy 16, 2008

JOSEPH A. BAIRD COUNTY ADMINISTRATOR

W.ERIKOLSON ~ .~ DIRECTOR OF UTILITY SERVICES

PREPARED AND MIKE HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER STAFFED BY: GORDON E. SPARKS, P.E., ENVIRONMENTAL ENGINEER

SUBJECT: APPROVAL OF FIRST AMENDMENT TO DEVELOPER'S AGREEMENT AND FIRST ONE-FIFTH PAYMENT TO WOODSIDE TUSCANY, LLC DBA WOODSIDE HOMES SOUTHEAST FLORIDA PER DEVELOPER'S AGREEMENT FOR OFF SITE 24-INCH MASTER PLANNED WATER MAIN


On January 3, 2006 the Board of County Conunissioners approved a Developer's Agreement with Woodside Tuscany, LLC, a Florida Limited Liability Company, to construct a 24-inch Master-planned water main along 77'h Street from 58th Avenue to the western boundary of Tuscany Lakes Subdivision and a 16-inch Master-Planned sewer force main along 771

h Street from 58th Avenue to the western boundary of Tuscany Lakes Subdivision to serve the Tuscany Lakes Subdivision, the project under discussion, and other existing and future residential developments. The County would reimburse the Developer 115 of the cost of these facilities per year for 5 years after approval of the Developer's Agreement and after acceptance of the facilities by the County, up to a maximum amount of$777,566.30.

In 2007 the County determined it did not need to innnediately construct the 16-inch Master-Planned sewer force main. It was also decided to extend the alignment of the Master-Planned 24-inch water main about 400 feet to the west side of the Humane Society entrance drive to complete a loop with an existing 24" water main recently constructed from the west. The deletion of the force main and addition of water main had the net effect of reducing the County's total amount of reimbursement to $597,377.75. The Developer asked the County to revise the requirements of the Developer's Agreement to remove the 16-inch Master Planned force main. The First Amendment to Agreement Between Indian River County and Woodside Tuscany, LLC was subsequently prepared (See Attachment 1 ).

The water main has now been completed and all requirements and checklist items have been submitted. The water main has been cleared for use by the FDEP and the County has accepted it for ownership and maintenance. The first payment of $119,475.55 can now be made to the Developer, Woodside Tuscany, LLC doing business as Woodside Homes Southeast Florida of Palm Beach, Florida. Woodside Homes Southeast Florida has submitted a request for their first payment (See Attachment 2). The Developer's Agreement requires that the Developer pay line extension fees in the amount of $24,682.50, so this must be deducted froni the first payment to the Developer resulting in a total amount due of $94,793.05.

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners

Page 1 of2 F:\Utilities\UTILITY- ENGINEERING\Projects- Utility Construction Permits\ Tuscany Lakes Subdivision-OFF SITE- UCP # 2701\AAGENDA for First One Fifth Payment for Water Main, 7-l6-08.doc 355

approve First Amendment to Agreement Between Indian River County and Woodside Tuscany, LLC for Tuscany Lakes Subdivision (See Attachment I) and the request for initial payment to Woodside Homes Southeast Florida (See Attachment 2) per the Revised Developer's Agreement in the amount of $94,793.05 ($119,475.55 - $24,682.50) and four (4) additional annual payments of $119,475.55 beginning in August of 2009 and ending August 2012.

LIST OF ATTACHMENTS:

I. First Amendment to Agreement Between Indian River County and Woodside Tuscany, LLC for Tuscany Lakes Subdivision

2. Letter from Woodside Homes Southeast Florida dated March 12, 2008 requesting the initial payment of $119,475.55 per the requirements of the Developer's Agreement dated 1/3/06

ACCOUNT INFORMATION

Account No. Amount 4 72-169000-06535 $94,793.05

APPROVED FOR AGENDA: Indian River Co. Administration

Page 2 of2 F:\Utilities\UTILITY- ENGINEERING\Projects- Utility Construction Permits\ Tuscany Lakes Subdivision-OFF SITE- UCP # 2701\A- 3 56 AGENDA for First One Fifth Payment for Water Main, 7-16-08.doc

FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND WOODSIDE TUSCANY, LLC FOR TUSCANY LAKES SUBDIVISION

This First Amendment to Agreement between Indian River County and Woodside Tuscany, LLC ("First Amendment") is entered into effective _______ , 2008, by and between Indian River County, a political subdivision of the State of Florida, ("County") and Woodside Tuscany, LLC, a Florida limited liability company ("Developer'').

BACKGROUND RECITALS

A. Effective January 3, 2006, the County and the Developer entered into the Agreement between Indian River County and Woodside Tuscany, LLC for Tuscany Lakes Subdivision ("Agreement").

B. Thereafter, the County determined it did not require the Developer to construct a 16-inch Diameter Master Planned Sanitary Force Main west long south side of 77th Street from southeast corner of 581

h Avenue and 77th Street to west property line of the Tuscany Lakes Subdivision.

C. During. construction by the Developer of the Master-Planned 24-inch water main as required by the Agreement, it was mutually decided, based on field conditions, to extend the alignment of the water main about 400 feet to the west side of the Humane Society entrance drive to complete a loop with an existing 24" water main. The deletion of the force main and addition of water main had the net effect of reducing by $180,188.55 the County's total amount of reimbursement from a maximum amount of $777,566.30 to $597,377.75.

D. . The County and the Developer desire to amend the Agreement as set forth herein.

NOW THEREFORE, for good and valuable consideratiOn, the receipt and . sufficiency of Which is hereby acknowledged, the parties hereto, intending to be legally · bound, covenant and agree to amend the Agreement as follows: ·

( 1) The background recitals are true and correct and form a material part of this First Amendment.

(2) From and after the effective date of this First Amendment, Paragraph 1A of the Agreement is deleted in its entirety.

(3) From and after the effective date of this First Amendment, the last sentence of Paragraph 1 B, "Reimbursement" is changed to read as follows:

"Reimbursement from the County shall not exceed the as-built amount of $597,377.75 (Five hundred and ninety-seven thousand three hundred seventy-seven dollars and seventy-five cents), payable as set forth hereinabove."

Attachment 1 357

( 4) All terms and conditions of the Agreement not amended herein remain in full force and effect.

IN WITNESS WHEREOF, the County and the Developer have caused this First Amendment to be signed by their respective duly authorized officers as of the day and year first stated above.

Developer: WOODSIDE TUSCANY, LLC, a Florida limi e liability company

Witness LU~ Printed name:~-,/~,-. ·rr--C-1.-L-.~.


By-------=-=---~~-:-----::::-· Sandra L. Bowden, Chairman


By __ ;.__: ------ --Deputy Clerk

[seal]

Approved:

Approved as to form and legal sufficiency:·

Marian E. Fell Senior Assistant County Attorney

2

358

WOODSIDE HOMES~ SOUTHEAST FLORIDA

March 12, 2008

Indian River County Utilities Gordon Sparks, P.E. Environmental Engineer 1801 27tn street Vero Beach, FL 32960

Indian River County utilities Michael Hotchkiss, P.E., Capital Projects Manager 1801 27th Street Vero Beach, FL 32960

2541 MetroCentre Blvd, Suite I West Palm Beach • Florida • 3 3407 (561) 688-2020 • fax (561) 688.0909

www.woodsideflorida.com

I .t:.J.L

RE: Tuscany Lakes • Developer's Agreement Offslte Utility Project

Dear Mr. Sparks and Mr. Hotchkiss:

Please be advised that we have completed the offsite utility project as outlined in the attached agreement date 1/3/2006 and later modified by the first amendment to this agreement. At this time I would ask that the Initial payment of $119,475.55, which represents 1/5 of the total amended amount Indian River County would be responsible for, be processed to reimburse Woodside Homes for this work.

I am happy to provide additional Information if requested. I can be reached directly at 561-719-4410 (cell) or email at [email protected],

· Thank youfor your prompt attention to this request.

Very truly ours,

Woodsid< Homes of Southeast F/orldar LLC

CBC..()~( 1.11~

Fil~: Wood!lid11_ requstpnym~ntl_Yl,d()C ~;r.o. 1:J•1c: 311212008

www.woodsideflorida.com

. 35Q Att;~r.hmP-nf 7

\

)~ :r 3

Date:

To:

From:

Prepared& Staffed By

Subject:

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES

AGENDA ITEM

August 1, 2008

Joseph A. Baird, County Adminis~r ~

W. Erik Olson, Directo~t~es Michael C. Hotchkiss, P.E. r1J J{.. Capital Projects Manager

Work Order No. 10 with Camp Dresser and McKee, Inc.- Wellfield Maintenance and Management Services for North and South County RO Water Treatment Plants

BACKGROUND:

The County presently operates two Reverse Osmosis Water Treatment Plants; the 3.53 mgd North County Reverse Osmosis Plant, with three (3) raw-water supply wells, and the 8.57 South County Reverse Osmosis Plant, with six ( 6) raw-water supply wells. The County's Master Plan, developed by Brown & Caldwell in 1997, expressed the need for additional wells. In 2004, the updated Master Plan developed by Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), reaffrrmed the need to expand the North County RO Plant with an additional six (6) raw-water supply wells, and the South County RO plant with one (1) additional raw-water supply well.

The six (6) existing wells at the South County RO Facility were originally constructed from 1982 to 1992. The wells were not maintained until being refurbished in 2003. The three (3) existing wells at the North County RO Facility were originally constructed in 1998. There has been no maintenance done on the North County wells since originally constructed. Since the refurbishment of the South County wells, it was obvious that the County needed to implement a routine maintenance program to periodically inspect and evaluate the mechanical and geological function of the wellfields.

On April 6, 2004 and amended effective April 7, 2007, the Board of County Commissioners approved a contract with Camp Dresser and McKee, Inc. (CDM) to perform work under the County's Water and Wastewater Continuing Services Contract, RFQ No. 6037.

The County is currently in the process of piggybacking a contract with the City of Palm Bay to provide a labor contract with AMPS, Inc. (AMPS) to provide maintenance (construction) services for the County's wellfields. Work Order 10 with CDM would coordinate the inspection of the wellfields and provide instruction to AMPS on how to correct deficiencies observed that adversely affect performance of the wells. CDM will then provide construction oversight of the system upgrades recommended from their inspections. In addition, CDM will provide construction oversight on behalf of the County for the completion of any emergency situation that may occur, as well as other miscellaneous services.

ANALYSIS:

The scope of services associated with Work Order No. 10 (Attachment No. 1) provides a maintenance

F:\Utilities\UTll..TIY <Engineering\ WTP ~ Sooth RO\Weutield Management Plan\Agenda Item • Work Order No. 10 with CDM fur Wellfield Management Plan.doc

360

contract for evaluation of the wellfields at North and South County RO Plant for an upper limit of $93,820.00. The County will only authorize COM to perform work in accordance with the work order on as-needed basis processing, and will monitor their progress. COM anticipates meeting with staff and strategizing the wellfield maintenance program within 14 days from the Notice to Proceed issuance date. The final draft of the Routine Maintenance Plan should be issued within four (4) months from the Notice to Proceed issuance date.

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Order No. 10 with COM and authorizes the Chainnan to execute the same, as presented.

LIST OF ATTACHMENTS:

I. Work Order No. 10- Scope of Services with Camp Dresser and McKee, Inc. dated July 18, 2008.

ACCOUNT INFORMATION:

AccoUhtNo. Amount 47123536-033190 $93,820.00

APPROVED FOR AGENDA: Indian River Co. Approved Date

Administration

Utilities

Budget

Legal

Date Risk Manager

F;\Utillties\UTRJTY - Engineeriog\WIP - South RO\Wellfield Management Plan\Agenda Item -Work Order No. 10 with CDM for Wellfield Management Plan.doc

2

361

WORK ORDER NUMBER 10

This Work Order Number __iQ_ is entered into as of this __ day of ::::--::-----:--:-:::--' 200.!!_, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of April 6, 2004 and amended effective April 7, 2007 (as so amended, the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CAMP DRESSER & McKEE INC. ("CONSULTANT").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant. for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreemenl 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.


Title: Principal Engineer


By ____________ ~~~-Chairman

BCC Approved Date: ______ _


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

362

·EXHIBIT 1

SCOPE OF WORK

INDIAN RIVER COUNTY NORTH AND SOUTH COUNTY WATER TREATMENT PLANTS

WELL/WELLFIELD MAINTENANCE AND MANAGEMENT SERVICES

Background The Indian River County (County) Department of Utility Services operates two reverse osmosis water treatment plants (WTP), which treat water supplied from the Upper Floridan Aquifer (UFA). Raw water from the UFA is currently supplied to the North and South County WTPs from a total of nine supply wells (three at the North County WTP and six at the South County WTP). There is also a series of monitoring wells located at each WTP.

Over the past eight years, the South County WTP wells have undergone two phases of substantial rehabilitation to replace piping, reconfigure the well heads, remove blockages in the open hole portion of the wells, refurbish pumps/motors, and replace instrumentation in order to improve productivity of the wells (measured as specific capacity) and increase operability through the addition of instrumentation not previously installed. During the rehabilitation, the wells were videotaped to identify potential physical obstructions that may have been contributing to the decreasing capacity of the wells. However, the North County WTP wells have not been videotaped or serviced since their installation in 1996. Additionally, none of the County's monitoring wells have received any significant maintenance in the past several years.

In taking a pro-active approach, the County has requested the services of CDM to prepare a wellfield maintenance program for the nine UF A wells and all monitoring wells to include scheduling of maintenance activities over the next several years. The recommended maintenance activities and the scheduled intervals for those activities will also apply to the proposed six new UFA wells being constructed as part of the current North County WTP expansion project. Additionally, CDM will provide assistance in negotiating and executing a maintenance contract by piggy-backing the existing contract in place with another utility. The contractor will address any operational issues that arise with the production/ monitoring wells and provide oversight services for the identified maintenance activities over the life of the contract.

Services to be provided under this authorization are provided below.

SCOPE OF SERVICES

CDM will perform the following task services.

TASK1.0 STRATEGY MEETING CDM will meet with County staff to establish the current operating condition of each well, identify operational issues that may exist for any/ all of the wells, and prioritize the need to rehabilitate the wells based on their condition. This information will be used to prepare the well maintenance program plan detailed in Task 2.0.

A-1 jb180D.doc

363

TASK2.0 WELI/WELLFIELD MAINTENANCE PROGRAM DEVELOPMENT CDM will develop a maintenance program based on the information obtained from staff in Task 1.0. The maintenance program plan will identify a phased approach to implementing a maintenance schedule to address each of the nine wells over the next five years, or as iss1,1es arise.

This task will include gathering the maintenance history on each well, including date of last chemical treatment, last service date for major appurtenances, and productivity j water quality trends to establish the current conditions of each well for prioritizing the order for maintenance. This will also include assessing the condition of the wellhead at each monitoring well and recommended modifications at each.

The plan will take into account the history of each well and its components (motor, pump, instruments, etc.) and recommend an estimated date for repair/replacement/refurbishing/well rehabilitation based on the age of the well/ appurtenances, the overall performance of the well, and the operational needs of the WTP. The plan will also include recommended maintenance activities for the monitoring wells at each of the WTPs.

Preparation of the plan will include the following subtasks.

Subtask 2.1 Data Collection CDM will prepare a data request letter for use in gathering historical information about well rehabilitation activities performed in the past, dates of most recent maintenance events (refurbishing of pumps/motors, etc.), age, make and model of existing instrumentation, equipment/ apparatus and other necessary data not already in CDM' s possession. Data collection will include one meeting with staff to discuss the information requested and/ or provided prior to moving forward with the maintenance program development.

Subtask 2.2 Draft Plan CDM will use the data/ information collected in Task 1.0 and Subtask 2.1 to establish the necessary maintenance items and the sequence of implementation based on the condition of existing facilities. The draft Plan will include recommendations for daily, weekly, monthly, annual, and 5-year monitoring and maintenance activities for each well site. Anticipated activities include video taping of each well, removal of the pump assembly for visual inspection, chemical treatment, etc. The plan will also include recommendations for upgrades and improvements that may increase productivity of the wells and aide in ease of operation. Such recommendations may include frequency of calibration of key instrumentation equipment/ apparatus, replacement of equipment/ apparatus and corresponding SCAD A upgrades to improve trending capabilities to track specific capacity, scheduled replacement of older components/ appurtenances, etc. CDM will provide a draft plan to the County for review and comment. In an effort to promote conservation of resources, the draft plan will be produced in a 2-sided format and CDM will limit the number of hard copies of the draft plan to two. CDM will provide a CD containing a portable document format (PDF) of the plan for electronic review by additional parties.

Subtask 2.3 Final Plan Upon receipt of comments from County staff, CDM will finalize the Wellfield Maintenance Program plan. The final plan will include reporting forms for the recommended daily, weekly and monthly maintenance activities. These forms will be provided in both hardcopy and

A-2 jb1800.doc 364

electronic format for use by WTP operators. In an effort to promote conservation of resources, the final plan will be produced in a 2-sided format and CDM will limit the number of hard copies of the final plan to 2. CDM will provide a CD containing a portable document format (PDF) of the plan for electronic review by additional parties.

TASK3.0 CONTRACT NEGOTIATION SERVICES The County intends to piggy-back an existing contract between the City of Palm Bay Utility Department and AMPS, Inc. to provide maintenance services for the County' s· i:wo wellfields. The existing contract in place with Palm Bay is a five-year contract that is renewed on an annual basis. CDM will review contract documents, provide coordination with AMPS and/ or the City of Palm Bay, and general assistance to the County as needed to finalize the contract agreement. This task includes up to one meeting with County staff and the City of Palm Bay and/ or AMPS.

TASK4.0 GENERAL SERVICES DURING SCHEDULED MAINTENANCE CDM will oversee the daily activities of the contractor on behalf of the County. Activities to be performed under this task pertain solely to the scheduled maintenance activities identified in the wellfield maintenance program plan developed in Task 2.0. Since the extent of the activ~ties to be performed will remain unknown until preparation of the plan is complete, this Task has been budgeted as an upper limit task with an allowance of $25,000. Additional services may be required based on the recommendations of the plan and will be negotiated as an amendment to this Work Order, if needed.

TASK5.0 PROVISIONS FOR EMERGENCY REPAIR SERVICES CDM will provide construction oversight on behalf of the County for the completion of any emergency situations that may arise. Such instances may include failure of the well pump, line shaft, instrumentation, presence of abnormally high solids (i.e. sand in the cartridge filters) or any situation indicative of problems with the wells. CDM will coordinate emergency services with the well contractor and arrange for mobilization as soon as possible to minimize potential downtime of the WTP(s). The nature of this task does not allow for CDM to quantitatively identify the emergency services to be provided over the 1-year life of the contract. Therefore, this task has been budgeted with an upper limit allowance of $15,000. If no emergency issues arise, this budget allocation will not be billed to the County.

TASK6.0 MISCELLANEOUS SERVICES CDM will provide assistance with miscellaneous issues related to wellfwellfield management, maintenance and operations as they arise. This task will include permitting issues related to maintenance activities (i.e. coordination of disinfection reporting to FDEP, if needed, after installation of new well components), field visits to investigate problems reported by County staff, and miscellaneous services requested by County staff. This task has been budgeted as an upper limit line item allowance of $15,000, to be used on an as-needed basis only upon approval of the Director of Utility Services. Should a miscellaneous task arise for which there is insufficient budget remaining, additional funds will be negotiated at that time to complete the task.

OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES This authorization does not include:

• Full-scale design services for major issues, such as replacement wells; • Consumptive use permitting associated with increased pump/ well capacity or new wells;

A-3 jb1800.doc 365

• Permit renewals, preparation of bid documents or bidding services for purchase of new appurtenances.

• Laboratory services related to required disinfection or collection of water quality samples. • Bidding services for the procurement of a maintenance contract through the competitive bid

process.

COUNTY RESPONSIBILITIES The County will provide all reasonable data requested by CDM to prepare the welljwellfield maintenance program plan. The County will also provide timely review of all work products. The County and/ or well contractor will collect all required water quality samples needed to meet disinfection requirements. The County will contract directly with an envirorunental laboratory to provide water quality analyses.

A-4 jb1BOO.doc 366

PROJECT BUDGET

INDIAN RNER COUNTY NORTH AND SOUTH COUNTY WATER TREATMENT PLANTS


PROJECT DESCRIPTION: As described in Scope of Services.

Cate~ory

Officer Principal/ Associate Senior Professional Professional II Staff Support Services Project Administration TOTAL HOURS

SALARY

UPPER LIMIT LINE ITEM TASKS

Hours 8

52 140

24 32 42

298

Scheduled Maintenance Services (Task 4.0) Emergency Repair Services (Task 5.0) Miscellaneous Services (Task 6.0)

TOTAL OTHER DIRECT COSTS

GRAND TOTAL

USE AN UPPER LIMIT TOTAL (NOT TO EXCEED)

B-1

Rate $155 $140 $120 $100 $65 $60

Cost $ 1,240 $ 7,280 $ 16,800 $ 2,400 $ 2,080 $ 2,520

$ 32,320

$ 25,000 $ 15,000 $ 15,000

$ 6,500

$ 93,820

$ 93.820

jb1800.doc

3 6 7

SCHEDULE

INDIAN RIVER COUNTY NORTH AND SOUTH COUNTY WATER TREATMENT PLANTS


SCHEDULE

The following schedule is anticipated assuming authorization of the Work Order by the Board of County Commissioners on August 5, 2008.

Strategy Meeting

Data Request Letter

Draft Maintenance Program Plan

Final Maintenance Program Plan

Contract Negotiation

Scheduled Maintenance Activities

Emergency /Miscellaneous Activities

C-1

Within 14 days of Notice to Proceed

Within 7 days of Strategy Meeting

Within 60 days of receipt of requested data

Within 30 days of receipt of County comments on Draft Plan

TBD

As determined in the Final Plan

As needed

jb1800.doc

368


Date:

To:

From:

Through:

Prepared By:

Subject:

Tuesday, August 5, 2008

Michael C. Hotchkiss, P.E., Capital Projects Manager fllf:/.. Art Pfeffer, Utility- Project Specialist A r West Wabasso Community Water Project-Phase ll Tim Rose Contracting, Inc., Final Payment

BACJ>GBOITND ANJl ~NAJYSJS•

REG!TI.AR AGENDA ITEM

On January 23, 2007 the Board of County Commissioner's approved the expansion of the West Wabasso Water Project to provide potable water to additional residences in the Wabasso Community. This Phase II project was pursued with an amendment to the existing Community Development Block Grant contract. Funding was made available using the $250,000.00 balance, not used in Phase I. The project was designed by staff and bids were received. On October 16, 2008 the BCC awarded a contract to Tim Rose Contracting, Inc. for the amount of $105,844.50. The Phase II project consisted of installing a total ofl,650 lineal feet of 6" PVC water to provide direct service connections to 20 homes. The current application for fmal payment was reviewed and approved for payment by Fred Fox Enterprises, Inc., CDBG Grant Consultant on July 26, 2008. The West Wabasso Community Water Project Phase I and II not only provided potable water for 99 low income homes, but provided fire protection for the community.

RECOMMENDATION·

Tim Rose Contracting, Inc. has submitted two previous pay applications for a total of$100,543.72 and has now completed all work on this project. Tim Rose Contracting, Inc has submitted a Final Pay Application for the amount of $5,300.78. It is Staff's recommendation that the Board of County Commissioners approve and authorize the Chairman to execute the following:

a) Final Payment to Tim Rose Contracting, Inc. for the amount of$5,300.78.

ACCWINT NUMBER:

ACCOUNT No. CDBG Contract No.: 06DB-3C-10-40-0l-W 14 CDBG Grant Funding Account No.: 13826936 066510 05061

IJST OF EXHIBITS:

1) Contractor's Application for Final Payment-Tim Rose Contracting. Inc. (3 Pages)

2) Fred Fox Enterprises, Inc.-Letter Approving Payment (1 Page)

F:\Utilities\UTILITY ~ Engineering\Projects -Utility ConstructionPermits\IRC- West Wabasso Community Project- Grant\Phase 1I\Agenda -Final Payment Tim Rose 080408,doc

369

By: -~~2:;:&1~------eph A. Baird, County Administrator

For: _ __.y_·_,-lc...::~:..:...._-_,0'-''V'---Date

Indian River Co.

Administration

Utilities

Budget

Legal

F:\Utilitics\UTILITY- ENGINEERING\Projects- Utility Construction Permits\IRC- West Wabasso Community Project- Grant\Phase II\Agcnda -Final Payment Tim Rose.

080408.doc 370

SECTION 00622 -Contractor's Application for Final Payment

Application for Payment No.3. For Work Accomplished through the period of FINAL.

To: INDIAN RIVER COUNTY From: TIMOTHY ROSE CONTRACTING INC. Contract: Project: UCP#2447 OWNER's Contract No. ENGINEER_~

ENGINEER's Contract No.

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

1. Original Contract Price: $105 844.50 2. Net change by Change Orders and Written Amendments ( + or -): ~ 3. Current Contract Price (1 plus 2): $105 844.50 4. Total completed and stored to date: ~105,844.50 5. Retainage (per Agreement):

__ % of completed Work: ~ __ % of retainage: ~

Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): ~1 05,844.50 7. Less previous Application for Payments: :j!100,543 72 8. DUE iHIS APPLICATION (6 MINUS 7): $5 300.78

CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below.

The acceptance of final payment shall be and shall operate as a release of 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 this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

Dated ----"'J""'u,_,_n e"---'1_,_1 '--'=-2 0"'0,_,8,_____

(CONTRACTOR)

State of FLORIDA. County of INDIAN RIVER Subsmbed and sworn to before me th1s 11TH. day of JUNE 2008.

By:

TIMOTHY ROSE CONTRACTING INC.

T~SIDENT GLORIA J. KUlMICK

MY COMMISSION' 00 719964 EXPIRES May 26.2009

Boo~ nuu Notary Pub!.C Unde!Wiiters

Notary Public 1 ~c(j,if'-r){.,M?rrJ1.~L--'I'-~ 6_11.08 DRAW #3.doc

00622- 1 C \Docvrnents and Settongs\HP _AdmlniSlralor\My Documents\Rachei\Wesl Wabasso\6 11.08 DRAW #3.doc Rev 05/01 371

My Commission expires: ____________ ~

CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial

Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. ·

Dated ________ _

(ARCHITECT I ENGINEER) SIGNATURE

CERTIFICATION OF ENGINEER /INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract

Payments and the notes and reports of my inspections of the project It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. ·

Accompanying Documentation: __

(A~#Effi) SIGNATURE

f::\'RT ?t=t.~'(_- ~~~K..t<>.c.oST jiJDte>o-> 1<.-.r .. Ree.uo.JrY iJ-cl'T: oF VII L.IT'(

* * END OF SECTION * *

6.11.08 DRAW #3.doc 00622- 2

C:\Documenls and Settings\HP _Admtn•strator\My Oocumen\s\Rachel\West Wabasso\6.11 06 DRAW #3 doG Rev. 05101 372

PAYMENT APPLICATION Page 1

TO: Indian River County Utilities PROJECT West Wabasso Watermain APPLICATION# 3 Distribution to:

1800-27th Street NAME AND West Wabasso Water Main PERIOD THRU· 04/25/2008 D OWNER LOCATION: ·

Vero Beach. Fl. 32960 1800-27th StreeUCR 510 & East of 58th Ave PROJECT #s: UCP#2447 D ARCHITECT

Attn· Vero Beach, Fl. 32960 D . DATE OF CONTRACT· 10/31/2007 CONTRACTOR FROM: Timothy Rose Contracting, Inc. ARCHITECT: . O

1360 Old Dixie Hwy SW 0 Vera Beach, FL 32962

FOR: Indian River County Ut!lities

Contractor's signature below is his assurance to Owner, concerning the payment herein applied for, CONTRACTOR'S SUMMARY OF WORK that: (1) the Work has been performed as required in the Contract Documents, (2) all sums previously

paid to Contractor under the Contract have been used to pay Contractor's costs for labor, materials Application is made for payment as shown below. and other obligations under the Contract for Work previously paid for, and (3) Contractor is legally Continuation Page is attached. entitled to this payment.

1. CONTRACT AMOUNT $105,844.50 CONTRACTOR: :~~~S,. . 2. SUM OF ALL CHANGE ORDERS $0.00 By: ~~~~~ Date: ~ - /0-d._C{)'/, 3. CURRENT CONTRACT AMOUNT (Line 1 +/- 2) $105,844.50 Timothy Rose/ President

State of: Florida "'""'".""""'""'""'='0'7'~':;;';~""", 4. TOTAL COMPLETED AND STORED $105,844.50 County of: Indian River ~ ···~~;:1;;.;.. GLORIAJ. KUZMICK

(Column G on Cont1nuat10n Page) f"~-··J;;.' 1·f.\ MY COMM;SS:QN ~ 90 719964

5 RETAINAGE· Subscribed and sworn to before ~}.~~~.._,: EXPIRES ~~a~ 20.2009 _ , ' ~ '•1.-).:···f..i!t.··· BondedThru Nolar, Pu:J11C Un6etWII1ai'S

a. 0.00% of Completed Work $0.00 me this I (..J'Tr) day of ··P.f.,., ••

(Columns D +Eon Continuation Page) (J_.,.J_Md 62,00 <g"" b. 0.00% of Material Stored $0.00 N~~lic: Gloria J. Kuzmick (1

1 / _ l

(Column F on Continuation Page) My Commission Expires: May 26, 2009 (}dcfL{[a. )..J.P{u4J:]!~~ Total Retainage (line 5a + 5b or .....:..-_ .7 1 ../ 11

Column I on Continuation Page) $0.00 ~HifECf'S CERTIFICATION' - "" ,.St;,.:s<['~ >

6. TOTAL COMPLETED AND STORED LESS RETAINAGE $105,844.50 · t's signature below is his assurance to Owner, concerning the payment herem applied for, (Line 4 minus Line 5 Total) that: (1) ~.Qas·inspected the Work represented by this Application, (2) such Work has been

completedTOlli~ent indicated in this Application, and the quality of workmanship and materials 7. LESS PREVIOUS PAYMENT APPLICATIONS $100,543.72 conforms with the Contract Documents, (3) this Application for Payment accurately states the amount

of Work completed and payment due therefor, and (4~ ~~knows of no reason why payment

8_ PAYMENT DUE [ $5,300.78 j should not be made. ,..,., , ... "-1:."--

9. BALANCE TO COMPLETION CERTIFIED AMOUNT......................................................................................... 5, ~<>0 -1~ (Line 3 minus Line 6) $0.00 (If the certified amount is different from the payment due. you should attach an explanation. Initial afJ

fcc_,.,:=~___;,:;:;_~~:-:c==-;::,-.::=~;;:;=;;=;=:::::::;=::.._,=;:;-;-;;:;:;;;::;-;;:;--,1 the figures that are changed to match the certified amount.) SUMMARY OF CHANGE ORDERS ADDITIONS DEDUCTIONS ~-' () ,,... cC:tt.

Total changes approved in ARGJ.IIT&QT: ~ / _ A /·L-previous months SO.OO $O.OO By: .£:!::.. YY lJ...I..A.O Date: 6 - I b- 0 ~

Total approved this month __ :_ $0.00 $O.OO Neither this Application nor payment applied for herein is assignable or ne:'gotiable. Payment shall be TOTALS SO.OO $0.00 made only to Contractor, and is without prejudice to any rights of Owner or Contractor under the

NET CHANGES $0.00 Contract Documents or otherwise.

t.A.) PAYMENT APPLICATION -... w

FRED FOX ENTERPRISES, INC Providing Grant Writing and Administration Services

July 26, 2008

Mr. Bill Schutt, Senior Economic Development Planner Indian River County 1801 27th Street Vero Beach, FL 32960

RE: Indian River County West Wabasso Water Main Project Phase II Application for Payment #3 ·

Dear Mr. Schutt;

I have reviewed the documents and Application for Payment number three (#3) submitted by the contractor, Timothy Rose Contracting, Inc., totaling $5,300.78 for the time period through April25, 2008.

There were no payrolls with Final Application for Payment #3 to review for Davis-Bacon compliance. The Engineer has signed the Payment Application; therefore, we recommend payment.

If you have any questions, please do not hesitate to contact me at (904) 810-5183.

FDF/mff Enclosures

Sincerely,

::f-M&i iJ. ~~~£-FredD. Fox Administrator

26 Spanish Street, P.O. Box 1047 • St. Augustine. Fl. 32085-!047 • Phone: (904) 8!0-5183 • Fax: (904) 810-5302

374

Date:

To:

Thru:

Prepared& Staffed By:

Subject:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

AGENDA ITEM

Wednesday, July 30, 2008

Joseph A. Baird, Coun~~ni~

W. Erik Olson, Director ~ity Services

Michael Hotchkiss, PE, Capital Projects Manager Gordon E. Sparks, PE, Environmental Engineer

Royal Oak Mobile Home Park 4" Compound Master Water Meter, UCP No. 3082

BACKGROUND

The Utilities Department was notified by the Florida Department of Environmental Protection (FDEP) to assist the owners and residents of the Royal Oak Mobile Home Park to connect to the County's potable water system due to unsanitary conditions in their private water system. The Utilities Department was later contacted by Mr. Bill Lain, the owner of the Royal Oak Mobile Home Park, to install a master water meter to serve 3 7 mobile home lots, two apartments and an office. He had been given a letter of notice of water quality violations from the FDEP for the private water well source system presently serving the facilities (See Attachment 1).

ANALYSIS

The Utilities Department determined that water service was available to the park by means of an existing 8" County water main on the west side of US I about !50 feet south of 81'' Street. Staff further detenuined that a 4" compound master water meter would be required to serve the park as well as about !50 feet of 8" water main. It was also determined that the best and most expedient method to install the water meter and main is to utilize the Utility Department's Labor Contractor with the direct purchase by the County of required materials. The Utility Department's Labor Contractor, (Derrico Construction Corp.) was approved by the BCC on February 6, 2007 (Bid No. 2007026), and the contract is currently in effect through February 6, 2009.

The total amount budgeted for labor and materials are $25,095.63, with a further breakdown of $8,894.38 for labor, and $16,201.25 for materials (See Attachment 2). Work Authorization Directive No. 2007-016 for labor in the amount of $8,894.38 has also been prepared (See Attachment 3). An FDEP Permit will also be required to construct the new water main and the application fee is $500.00. This brings the total estimated cost of the project to $25,595.63. Mr. Lain has received a letter from his bank approving a loan to cover the entire cost of$25,595.63 (See Attachment 4) and the County will be reimbursed in full upon completion of the installation and acceptance by the FDEP. The County will enter into an agreement with the park owner/borrower that confirms the fmancial obligation to the County prior to issuance of the notice to proceed on this project.

The water connection fees for the park are (See Attachment 5) total $45,460.00 for the 39 ERU's of capacity charges and other fees. The amount that the bank will loan Mr. Lain will not cover the total cost of water main and master meter construction. Further, the total cost of the project will be passed on to the residents of the mobile home park, which is a senior community on fixed income. Mr. Lain has requested that the County allow the cost of the water connection fees ($45,460.00) to be fmanced under the terms and conditions of Section 201.09.D. of the Indian River County Ordinance 2006-038 (See Attachment 6) for 20 years to help eliminate financial hardship to Mr. Lain and the senior residents of the mobile home park who will ultimately pay for the water facilities.

F:\Utilities\UTILITY- Engineering\Projects ·Utility Construction Pennits\IRC- Royal Oak Mobile Home Park Water Connection\A.- AgendaM:emo to Baird· July29, 2008.doc 375

•

RECOMMENDATION

I) Staff reconunends that the Board of County Commissioners make the determination that: (I) Royal Oak Mobile Home Park has sufficiently demonstrated, to the Board's reasonable satisfaction (II) the unforeseen payment of the above-described capacity and water hook up charges are a financial burden and that all other fimding sources have been exhausted (III) currently, The Department of Utility Services has the financial ability to finance these charges for a period of up to twenty (20) years, with a superior lien for any such amounts due to be executed in recordable form reflecting the payment schedule and filed in the public records of Indian River County, Florida.

2) The staff of Utility Services reconunends that the Board of County Commissioners approve the following:

A) Approve the expenditure of fimds for construction of the water facilities up to a total amount of $25,595.63 and authorize staff to proceed with acquiring the necessary permitting to construct the water facilities

B) Authorize the Chainuan to execute Work Authorization Directive No. 2007-016 (See Attachment 3) in the amount of$15,894.38, to Derrico Construction Corp. for the labor portion of the project

C) Delegate the authority to the County Administrator to sign the fimding agreement with the park owner/borrower after review and approval by all appropriate staff and the County Attorney's office

D) Authorize the Utility Department to enter into a 20-year lien agreement with Mr. Bill Lain/Royal Oak Mobile Home Park. for the fmancing of capacity charges up to $45,460.00 under the terms of Section 201.09.D. of the Indian River County Ordinance 2006-038, as amended.

FINANCIAL

Account Number

472-169000-08515

LIST OF ATTACHMENTS

Account Name

Royal Oak Mobile Home Park Fund

I. Notice of Violation Letter from FDEP to Mr. and Mrs. Lain 2. Cost Estimate and Utility Labor Contractor's Bid Item List. 3. Work Authorization No. 2007-016 as issued to Derrico Construction Corp. 4. Letter from Wachovia Bank Approving Loan to Mr. Lain 5. Water Connection Fees 6. Section 209.09.D. of the Indian River County Ordinance 2006-038

APPROVEDFORAGENDA

DATE: -~?_---f-l.cz'2,_-__,_0.c_c?"----

Amount $25,595.63

Indian River Coun

Administration

Utilities

Bud et

Le a!

Risk Mana er

F:\Utilities\UTJLITY - Engineering\Projects - Utility Construction Pennits'IJRC - Royal Oak Mobile Home Park Water Connection\A - Agenda Memo to Baird -July 30, 2008 (revised).doc 376

- ..•. --~~

CERTIFIED MAIL

Florida Department of Environmental Protection

Central District 3319 Maguire Boulevard, Suite 232

Orlando, Florida 32803-3767

7001 2Sl0 0008 6403 2227

William and Nancy Lain Royal Oaks Mobile Home Park 97SO Riverview Drive Micco, FL 32976

Indian River County - PW Royal Oaks Mobile Home Park PWS ID Number 3311442

OCD-PW -CE-08-0661

TTHMs and HAASs·Maximum Contaminant Level Violations

·Dear Mr. and Mrs. Lain:

-.,.._·.·

Corrective action is required for violations of the maximum contaminant levels (MCLs) for total trlhalomethanes (TTHMs) and haloacetic acids (five) (HAASs). The Department has been advised of your intention to construct an interconnect with Indian River County Utilities to provide water to the park, and the Department concurs that the proposed interconnect will resolve the MCL violations for this .facility. You are advised to proceed expeditiously to return to compliance with primary drinking water standards.

Please be reminded that:

• All permits and clearances required for construction shall be obtained from the Department.

• Quarterly monitoring for TTHMs and HAASs shall be continued and results submitted to the Department within ten days following the month in which the samples were taken or within ten days following receipt of the results, whichever is sooner.

• Public notice shall be issued every 90 days for as long as the violations exist. Certification of delivery. of public notice, using DEP Form 62-SS5.900(22), shall be submitted to the Department within ten days of issuing each public notice.

We look forward to your cooperation in resolving this matter. Please contact Kim Dodson at (407) 893-3990 if you have questions.

VFG:kmd

cc: Indian River County Health Department

Sincerely,

Vivian F. Garfein Director, Central District

May 16,2008 Date

Shelley J. Locklear, DEP Drinking Water Compliance and Enforcement

Attachment :6 77

w ....... 00

Indian River County Department of Utilities

COST ESTIMATE and CONTRACTOR'S BID ITEM LIST (DERRICO)

Project: IRC- Royai,Onk Mobile Home Park Water Se:rviCe ~roject Description: UCP #3082, WIP # 472-169000-

...... ., ............ .ouuo

Bid Bid Item Estimated

ltl.!m No. Description I O~antitv

63 Mobilization I

Old Install 8" PVC Water Main 160

"" Install MJ Restrained Joints on Existing Main. 3" throu~h 8" 4

17d l1nstnll 8" Resilient Sented Gate Valve & Box 4

07 lnstn!l MJRDI Fillings 0.5

n I Potholes I

"' ln~lall4" Compound Service Meter I

2r>C lnstall4" Backnow Assemb'y I

27n Install Temp. Sam le Points ' 27b Obtain Bnct. SampleFfake to Lab 4

59n Lnwn Restoration (Topsoil & Sod) 160

Subtotal Water Facilitie

Total Material

Total Labor with Mobilization

TOTAL PROJECT COS

Unit of-

Measure

7%

LF

EA EA

TONS EA EA EA EA EA LF

nu '"'' ~'"'un"~

LABOR COSTS MATERIAL COSTS

Lilbor Unii Total Labor Material Unit ,Total Material

Price Price Price Price

0,04 $581.88

$10.00 $1,600.00 $6.65 $1,064.00 $400.00 $1,600.00 $58.54 $234.16

$460.00 .'SI,840.00 .'S920.78 $3.683.12

$1,665.00 $832.50 $1.500.00 $750.00 $220.00 $220,00

$300.00 .'BOO.OO $6,724.43 $6.724.43 $600.00 $600.00 $3,095.82 $3,095.82

$100.00 $200.00 $200.86 $401,72

$200.00 $800.00

$2.00 $320.00 $1.55 $248.00

.

$8,312.50

$16.201.25 $8,894.38

$25,095.63

Attachment 2

WORK AUTHORIZATION DIRECTIVE No. 2007-016

ROYAL OAK MOBILE HOME PARK 4" WATER METER PROJECT

DATE OF ISSUANCE: June 2008 EFFECTIVE DATE: June 2008

OWNER: Indian River County CONTRACTOR: DERRICO CONSTRUCTION CORP.

CONTRACT: WATER. SEWER AND RECLAIM WATER LlNE REPLACEMENT I EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT. BID NO. 2007026. February 6.2007

PROJECT: ROYAL OAK MOBILE HOME PARK 4" WATER METER COUNTY UTILITY PROJECT NO.: UCP #3082 CONTRACTOR'S PROJECT NO.: N/A COUNTYW.I.P. No. 472-169000- OS5l5 -

You are directed to proceed promptly with the following work:

Description: Construct about 160. feet of 8" PVC water main and a 4" compound water meter installation on US I at 81" Street

Method of determining Contract Price: 0 Unit Prices: Bid Items as established pursuant to Bid No 2007026, and awarded by the Board of

County Commissioners on February 6, 2007 to Derrico Construction Corp. D Lump Sum D Cost of the Work

The Cost of Labor, Contingency and Contract Time is summarized below:

Estimated Labor Cost= I $8,894.38 . r Estimated Contract Time: I 60 days

Total Estimated Labor Costs= I $8,894.38 I .

ACCEPTED:

B~t~~ Derrico Construction Corp.

Date: .5/z. ;,/o;? I

RECEIVED

MAY 2 8 2008

UTILITIES

:;.¥:~ Gordon E. Sparks, P.E.

I

APPROVED:

By: _______ _

Sandra L. Bowden, Chairman, BCC

Date:

Attachment 3

C:\Documents and Settings\Tolm.DERRJCOCONSTRUC\Local Settings\ Temporary Internet Files\OLK6\A- Work Authorization No 2007-016 Attachment 3.doc9 379

MAY-19-2008 21:58 FROM:BILL LAIN May·zo-zooa 1 o :z~ Frcm·OJw.t:J«;iAL LOMS

H.Q\.oHVl>'ltl OC:OII\., I'I.J'f..

Community Banking Fl.6002 100~ 20\h Place Vero Beach, FL 32960

May20, 2008

William D. Lain Revocable 1 rust c/o William D. Lain 8125 US Highway I Vero Beach. Fl 32967

Dear Mr. Lain:

7726547465 TO: 7705143 P. 2/2 I•U4( r.UUI/UUI r-Dtl +IIUfUOIUB

WACHOVXA.

Wachovia Bank N .A. bas api•roved a loan far the pUipOse of providing financing tO allow Royal Oaks mobile home pat k to connect to the water system of Indian River County.

Amount: $35,000

Term: 15 years fixed rate

Amortization: 15 years

· The loan is subject to satis:fal tory due diligence at the time of closing and the ~ution ofloa.n documents.

Sincerely,

~#~J . .,.L.-Elaine M. Murphy . /~ Vice President-Relatioll3hip Manager

Attachmel!fgb

INDIAN RIVER COUNTY- WATER AND SEWER CONNECfiON FEES Royal Oak Mobile Home Park.xls

Applicants Name: ..;;llcoill;;;...L,.ruc;·;;.;n_,.,. __ =---=--------Project/Subdivision Name: Royal Oak Mobile Home Park

Phone#: 772-564-6707

Cell#:

Applicants Contact Person: C:B':ill~L~at;:="n':-:-.-::---:-:;:---::---:--::::-::::::-=---Location/Street Address; 8125 US Highwat 1, Vero Beach, FL 32967

Fax#: e-Mail:

Parcel ID ('s) #:

Fire Protection Service? (Yes/ No) No (REQUIRED)

Master Meter? (Yes/ No) Yes I (REQUIRED)

In the Remards, please Indicate Number of Master Meters & if supplied by Owner or County.

APPI ICA:i3LE CODE

(I) Indian River County/City ofSebasti;:a;;.;n'--;----,

.(V)CityofVeroBeach I 'Water (F) Franchise Utility _ . Sewer

( N) No Service Available

For Concurrency Only? (Yes/ No)

REMARKS:

Water Capacity Charges·:

Water Service Connection:

Water Deposit:

:Water ~n~p_ec_tion:.

Meter lrisfallatiofi ·

Wl'!ter line Extension Fees:

Water Line Extension Fees:

Sewer Capacity Charges:

Sewer Lateral:

Sewer Deposit:.

Sewer Inspection:

Sewer Line Extension Fees:

Sewer Line Extension Fees:

(REQUIRED FIELDS)

No

2

37

39

1

(REQUIRED)

- Official Use by IRCUD Staff Only

Prepared By Date Prepared

Description I Qualifier

Car Wash {Enter gallons per day)

Commercial (Enter square footaee} Historical Use (Enter gallons per day)

Hotel I Motel (Enter# of Units) Industrial (Enter square footage)

Irrigation (Enter gallons per day)

Mini-Storage (Enter# of Units)

Multi-Family/Qualified Mfe. Home

(Enter# of Units)

Nursing Homes, Children's Homes, etc.

- . (Enter # Beds

_(Enter# Staff)_ Office {Enter SQuare footae:e)

Residential Units {Enter# of homes) -

Restaurant (Enter# of Seats)

School (Enter# of students)

Swimming Pools (Enter# of Pools)

Warehouse (Enter square footage)

Other {Enter# ofERU's)

nter # ofExistin ERU's

ERU's@ $1,300.00 Each

ERU's@ $1,105.00 Each (Multi-Family)

5/8 Inch@ $400.00 per Connection by IRC 1 Inch @ $460.00 per Connection by IRC

11/2 Inch @ $810.00 pe_r Connection by IRC

2 Inch @ $1,020.00 per Connection by IR~

Depo_sit@ $50.00 per ERU

Fee.@ $25.00 Each per Connection

5/8 Inch@ $130.00 per Meter

1 Inch @ $250.00 per Meter

11/2 Inch @ $500.00 per Meter 2 Inch @ $630.00 per Meter

Pc:r Developer'~ Agreement

FT @ $11.25 I FT ERU's@ $2,796.00 Each

ERU's@ $2,376.60 Each (Multi-Family)

Tiaps@ $500.00 Each per Connection by IRC

Deposit@ $50.00 per ERU

Fee@ $25.00 Each per Connection

Per Developer's Agreement

FT@ $15.77 I FT

![Total Balance Due***

2,500 sf

37 units

1 fiome(sl_

Sub Total:

Grand Total:

$ ; $

$ ; $

$

$

$

$

$ ; $ ; $

$

$ ; $

$ ; $

; $

$

$

$

$

- $

1.00

--37.00

---

1.00

39.00

39.00

2,600.00

40,885.00

1,950.00

25.00

45,460.00 II Michael C. Hotchkiss 4/18/2008

***Charges and fees are estimates only. Actual charges are subject ro review and confmnacion at time of payment. Base Fees will accrue at the time connection fees have been paid.

381 A.L.J..--L---.-.A f!

Section 201.09. Capacity charges. A. Capacity charge imposed. A capacity charge shall be imposed on each ERU responsible for creating the need for additional system expansion based on the equitable portion of the cost of funding the expansion of the county's sewer and water systems. The obligation to pay the capacity charge shall occur when a building permit application is filed. Any person may elect to pre-pay the capacity charge to reserve plant capacity. B. Change in land use. If a building permit or certificate of occupancy is issued for an existing customer that results in a change in ERU designation, the total number of ERUs for the old and new parts of the facility will be computed according to the definition of ERUs and capacity charges shall be assessed on the difference. C. Use of proceeds. The proceeds accumulated by reason of the establishment of the capacity charges may be used only for capital expenditures for the expansion of the county's water system or wastewater system. The funds may be used for extending, oversizing, or constructing new additions to the treatment plant or distribution and/or collection and interceptor facilities so as to meet the increased demand which additional connections to the system create. D Time payment of capacity charges upon showing of hardship. The county may allow payment ofthe water and/or sewer capacity charges in whole or in part over a period notto exceed five (5) years at such interest rate to be determined by the board. This period may be extended to ten (1 0) years if the applicant can successfully demonstrate to the department that all other funding sources have been exhausted and provided the department does not have a cash flow problem. In cases where private communities are served by a private package water system and the private package water system has been formally declared in violation of acceptable water quality standards by the Florida Department of Environmental Protection and the private community is requested to connect to the county water system, the county, at its sole option, may allow for a connection to the county water system. Under the foregoing circumstances, the private community will be required to pay the current related water system capacity and water hook up charges. If the private community carl sufficiently demonstrate, to the reasonable satisfaction of the county, that the unforeseen payment of these.capaeity and water hook up charges are a financial burden, and that all other funding sources have been exhausted and provided the department does not have a cash flow problem, the county may allow the financing of these charges for a period of up to twenty (20) years. A superior lien for any such amounts due shall be executed in recordable form reflecting the payment schedule and may be filed in the public records of Indian River County, Florida. Upon all payments being made in full, the lien shall be released of record.

Attach ment3i 2

!3A Cffice if Attorney's Matters 8/12108


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

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

uf w;u;,m G. Colli"' II, Co""ty Attomey ,, vf)-William K. DeBraaJ, Deputy County Attorney ~ ·

July 28, 2008

ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE ENCUMBERED BY MURPHY RESERVATIONS

Staff is continuing to purchase right-of-way from property owners along 661h Avenue

between CR 510 and State Road 60. The County needs to purchase 125 parcels of property for right-of-way, retention ponds and possible required mitigation. To date, the County has purchased 12 parcels leaving 113 remaining. Of the remaining parcels, 30 are encumbered by Murphy reservations.

In the late 1930's, during the depression, large acreages of land vested in the State of Florida due to unpaid taxes. Title was vested in the Board of Trustees of the Internal Improvement Trust (that is the Governor and Cabinet sitting as the Board of Trustee). In 1937 the State Legislature passed Chapter 18296, Laws of Florida, 1937 (often referred to as the Murphy Act) which required that whenever the Board of Trustees sold these lands acquired for unpaid taxes, they must retain certain oil and mineral interests as well as a reservation of right-of-way 100 feet on either side of the centerline of any state road. Thousands of deeds were issued with the Board of Trustees of the Internal Improvement Trust Fund as grantor subsequent to the 1930's. Virtually all of these deeds (along with reserving certain oil and mineral rights) reserved unto the State of Florida 100 feet of rightof-way on each side of the centerline of any state road existing on the date of the deed.

Many roads under the jurisdiction of the State in the 1930's, 1940's, 1950's, 1960's, etc. have been transferred to County jurisdiction. As successor in interest to the jurisdiction over these roadways, the County was also successor to the reservation of the Murphy Deed road right-of-ways. 1n~on Riv<r C• M~roved Date

Admin.

Legal APPROVED FOR.__&//},- 02: ·~ B.C.C. MEETING ?:,(..AR AGENDA

~-+-~c 383 COUNTY ATTORNEY:

MEMORANDUM - ROW 66th Ave. Board of County Commissioners Page 12

The Supreme Court of Florida in the case of Laird vs. The State Department of Transportation, 465 So.2d 486 determined that a state road existed when designated by the Legislature. The State Legislature periodically designated and established certain highways. Such designations of state roads were made in 1931, 1941 and 1955.

If land was put back onto the tax roll by a "Murphy Deed" from the State, those deeds contained the reservations of road right-of-way. Certain of the tracts of land conveyed by the State (but not all) would be within 100 feet of centerline of roads designated as state highways. Now, when the County is undertaking road-widening projects, it knows that certain properties have Murphy Deeds in the chain of title, and purchase of the property is not required since the road right-of-way easement is reserved in the Murphy Deed.

Homeowners will often have no knowledge of a Murphy reservation encumbering their property. Since the reservations go back more than 30 years, they are frequently not specifically listed on a policy of title insurance. Thus, staff is faced with the unenviable task of informing landowners that their property is subject to a Murphy reservation and the County will not compensate them for the property subject to the reservation, despite the fact that the owner has been paying taxes on the land and using it as their own. Quite often, this brings negotiations to a screeching halt Property owners also frequently apply to the State of Florida for release of the Murphy reservation. If the County consents, the reservation is released.

Staff seeks input from the Board in negotiating purchase agreements with landowners with property encumbered by Murphy reservations. · In the past, the County has not compensated landowners for Murphy reservations when acquiring "strips" of right-of-way. When purchasing the whole parcel, the Murphy was ignored and the appraised value is used to determine a basis for the price. Many County roadways have been successfully widened using this approach, including 581

h Avenue, Oslo Road and CR 512among others.

Other Florida condemning authorities have dealt with the issue of Murphy Reservations in four different ways:

1. The property owner can be given no compensation for the Murphy reservation. Landowners can become frustrated with this approach, especially if they have no knowledge that the reservation exists.

2. The Murphy reservation can be ignored and the land can be given full value. 3. The value of the Murphy reservation can be compromised and negotiated.

Instead of ignoring the Murphy reservation, the County may pay a percentage of the appraised value of the land.

4. An appraiser can be given direction to give an opinion of the value of the Murphy reservation

It may be that the cost of eminent domain litigation will far exceed the value of small parcels subject to the Murphy reservations. (i.e. $5,000 value of land subject to reservation versus $20,000 anticipated attorney and appraisal fees) In such cases,

384

MEMORANDUM - ROW 66th Ave. Board of County Commissioners Page 13

compromise settlements would be warranted. However, if property subject to the reservation were valued at $250,000, then the expenses of litigation would be justifiable.

In 2005, the County contracted with Nick Miller Inc. to perform a study of all Murphy reservations and releases in the County. Maps of all of the reservations were made and the County received a full report from Nick Miller at a cost of approximately $85,000. In the past, the County has not compensated property owners for the Murphy reservations (Oslo Road project) when only the land subject to the reservation was used and no additional fee simple property was needed. In certain situations where the owners had constructed sheds, porches or other improvements in the reservations, the County has either compensated property owners or re-designed the project to eliminate the need to utilize the Murphy reservations.

A landowner can challenge the validity of the Murphy reservation in court when the County attempts to take the needed right-of-way in an eminent domain lawsuit. If the court upholds the Murphy reservation, the County would pay nothing for the land. If all or part of the Murphy is found invalid, the County will be paying full value for the property.

Our outside counsel of Policastro and LaRoux frequently encounter Murphy reservations in eminent domain cases. They have advised that appraisers will study land sales where the Murphy reservation is known by the buyer and seller and where it is not known by the buyer and seller. The appraiser then determines the difference between the sales and uses that figure as the value for the Murphy reservation. Often times there is little

. difference in the two sales and the Murphy is appraised at full value.

Staff seeks guidance on negotiating with landowners whose land is encumbered by Murphy reservations. While the Board would still have the ultimate authority to approve any land purchase, staff recommends that all landowners whose property contains a Murphy should be treated as equally and fairly as possible. The four options as listed above are to:

1. Utilize the Murphy reservations and pay nothing for them unless ordered by a court. 2. Ignore the reservation and pay full appraised value for the property. 3. Work out a compromised value for the Murphy reservation. 4. Retain an appraiser to value the land subject to the Murphy reservation.

STAFF RECOMMENDATION: Staff recommends the Board discuss the options and provide guidance to land acquisition and the County Attorney's office. In order of preference, staff recommends the following:

1. Continue the current practice of utilizing unreleased Murphy reservations without compensation to adjacent property owners.

2. Negotiate a compromised value for the Murphy reservation. 3. Retain an appraiser to value the Murphy reservation. 4. Ignore the Murphy reservation and pay full appraised value for the property.

385

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

Office o/ Attorney'sMatters08/12/08


MEMORANDUM

TO: Board of County Commissioners ~

Chris Mora, Assistant Director, Public Works . :, n _.William K. DeBraal, Deputy County Attorney lA/~ August 1, 2008

THROUGH:

FROM:

DATE:

133

RE: Necessity of Take Resolution for a parcel of property located on 16111 Street between 66th and 74th Avenue

I. INTRODUCTION

The following information is submitted for consideration by the Board of County Commissioners (BCC) in approving the Resolution of Necessity for property acquisition associated with the construction of 16th Street between 66th and 7 4111 Avenue (hereinafter referred to as "Project"), in Indian River County. The limits of the Project are 16th Street from the intersection of 74111 Avenue to west of 66th Avenue.

II. PROJECT PURPOSE AND CHRONOLOGY

The project consists of expanding 16th Street from an unpaved dirt road to a paved two lane road with turn lanes and improved drainage. The intersection of 66th Avenue and College Lane/16th Street will be expanded to include left turns and through lanes. The project also includes roadway signing and pavement marking items.

Terry R. and Lyndell R. Fleming own a 0.60 acre parcel that lies on the north side of 16111

Street about one third of a mile west of 66111 Avenue. This irregularly shaped parcel contains a single family residence. The property is zoned RM-8, residential multi-family up to 8 units per acre. The 2,809 square foot house was built in 1946 and contains 4 bedrooms and 2.5 baths.

tn•an Riv« C• A~~roved Admin. ,g~....-f-o-~\,;-,~-l

Legal

Budget

Oe~t.

Risk Mgr. 386

16th Street Resolution August 1, 2008

The road construction plans for 16th Street call for the County to acquire 0.06 acres of property (14.4' x 176.71' strip of property consisting of 2,545 square feet) from the owners for a sidewalk and road right-of-way along 16th Street along the property's south side and a 0.01 acre (528.6 square feet) temporary construction easement adjacent to the right-ofway during construction of the road and sidewalk. The County's outside law firm of Policastro and LeRoux has been retained to represent the County in this suit. A recent

· appraisal from Armfield and Wagner values the 0.06 acres of property at $8,200.00 and $500.00 for the temporary construction easement for a total of $8,700.00 Staff seeks Board approval to make an unconditional offer of $15,000.00 to purchase the needed strip of property. This amount is well above appraised value and the higher offer is made in mitigation of attorney's fees and costs.

If the Fleming's do not accept this offer, the County will file a lawsuit in eminent domain and deposit the appraised value into the registry of the court. We will then apply to the judge for a "quick take" where we would have to show that it is necessary to take the needed property and the County has a good faith appraisal report. If the Court grants the acquisition, the Flemings will receive the deposit and the County will receive title to the property. The parties will then try to reach agreement on compensation during a mediation conference. If the mediation is unsuccessful, the parties will proceed to trial in the near future.

Acquisition of this parcel is important as it provides needed right-of-way for the road and sidewalk on 16th Street. The County needs this parcel and one other to complete right-ofway acquisition for this section of 16th Street between 66th and 74th Avenue. The engineering design, construction plans, right-of-way maps, legal descriptions, parcel sketches, and appraisal reports for 16th Street between 66th and 74th Avenue have all been completed.

The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the

owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute

the lawsuit to Final Judgment

RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain.

Attachments: Proposed resolution Parcel sketches and legal description of property to be taken Engineer's report

387

RESOLUTION 2008-__

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 16TH STREET, INCLUDING SIDEWALK IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Indian River County is one of the fast growing counties within the State of Florida; and

WHEREAS, the continued growth in Indian River County has greatly increased the. vehicular traffic on the County roadway system; and .

WHEREAS, the increased traffic has greatly impacted the traffic flow on east/west arterial and collector roadways within the County's roadway network; and

WHEREAS, there is a great need to relieve congestion on State Road 60 and other arterial east/west roadways within the transportation network in Indian River Cow\ty by planning and reconstructing 161

h Street between 66th Avenue and 74th Avenue; and

WHEREAS, there is a need to provide alternate access route to retail stores and commercial development along the State Road 60 corridor; and

WHEREAS, there is a great need to provide a safe, efficient roadway to carry traffic from the western area oflndian River County to the eastern part of the County; and

WHEREAS, the Indian River County Long Range Transportation Plan includes the plarroed consh11ction of 16th Street as an east/west collector roadway; and ·

WHEREAS the Board of County Commissioners of Indian River County, having considered inforn1ation provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title and easement interest, including a' temporary construction easement, in the real property identified as the Fleming parcel and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 16th Street· and ,

WHEREAS, the Board of County Conunissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes.

1

388

RESOLUTION 2008-__

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows:

SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals.

SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, to provide for the purpose of improving and reconstructing 16th Street, including Sidewalk Improvements in order to provide for the health, safety· and welfare of the growing population of Indian River County.

SECTION 3. The County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein; to have prepared in the name oflndian River County, all papers, pleadings, and other instrun1ents required for this purpose; to file a Declaration of Taking upon the filing of any such Eminent Domain action; and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment.

SECTION 4. The Board of County Commissioners oflndian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River Cmmty, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the

· purposes identified herein.

SECTION 5. This resolution shall take effect immediately upon its adoption.

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:

2


389

RESOLUTION 2008-_· __

The Chairman thereupon declared the resolution duly passed and adopted this 12th day of August, 2008.


By ______________________ _

Deputy Clerk

William K. DeBraal Deputy County Attorney

3

rency

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By ______________________ ___


BCC Approved:

390

~-- ~~ ~ ~Fo~ ... ® '\ i!:

' ;t ___ j

;;!

fj~ ,._\,

~~ ~

6

lfiE'IOSI>, w: J.1.-:lll-<la-DOOOI-111-1,D

COMPANi! SUBDIVISION liASJIII, ~OIWJ) II G1.J.DYS

»-~!1-ll<r-00001 Q\Ja-.OODUD

B/JI~QI. lWU.IIl<IIEIIIY,

~~~ hJ.SJ~-k4w'J.n~~~~

w~~ .. ~~

P.B.

'fl_'Yt-'11.-~H. CKIOI>-1101112.0

PARCEl 11 l PARCEL 10 (20' DRAINAGE EASEMENT) POINTE WEST EAST VILLAGE, PHASE I PO

P.B. 22, PG. 59 {20' DRAINAGf EASEMENU

SUNNYDALE ACRES P.B. 7, PG. 18

LTHE VILlAGE OF LEXINGTON I

P.B. 14, PG. 45 ttAT 2, UP

Jl-li-ll!-00001-1114~0

--------------~

ioi!NI<"""....W.)

Jll£ """" AT ~111111'1' ...,.1; W: 117-3>-3S-IIIIIIH--OOOCHIDDOI>.3 0<11' ODUIISI' lJIACT c-•

RECIO£/illl:llt"'D~

POINTE WEST EAST VILLAGE, PHASE I PO P.B. 22, PG. 59 .

l_ ______ l

i THE CLUB A1 .!-!= --==h : VIERO BEAd:H, PO

\ P.B. 15, fiG. ,83 l IIIJIOQW I I P"''liWIS Lll>. I I. ll-311-0CI-11<1001 I L_~.J)QQ~li5.Jl __ J

GRAPHIC SCALE 200 0 100 200

I INDIAN RIVER FARMS COMPANY SUBDIVISION

P.B.S. 2, PG. 25 1-- -- . I '

( IN FEET ) 1 inch = 200 ft.

ut~ OEVUOPIIDIT YfflD L1.C ll-Jii-[X>-.IIDOCII-Oiro-.CI(JOO.I.O

1>1£ lJNU AT Plltm: \\EST, W: »-»-07-D0002-QOOO-POOOO.J

I I

o:cu WJH~ 'IR.\CT ~-~ I

POINTE ;~7 ~;; Vlli.AGE,! PHASE I PD, P.B. 22, PG. 59•

I

lUll. XAllVIYH 1: (lli) ll-JOI"""7-0DOOI-OOIQ-OCID07.0

I I

I H.I.JMI:I. ""1/oLDi<E U P2WMW! 33-311-IYI-DI>DIIl-lllll<>--00002.0

INDIAN RIVER FARMS COMPANY SUBDIVISION P.B~S. 2, PG. 25 .

FOR INFORMATIONAL PURPOSES ONLY - NOT PART OF LEGAL DESCRIPTION THIS IS NOT A BOUNDARY SURVEY OR A RIGHT OF WAY MAP PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY ADMINISTRATION BUILDING

1640 25TH STREET fl 32960

~~_!1~~1)-~

I.AUREL HOWES IIIC. Jl-Ji-ll1-PDDDI-OOIG-DOODI.D

ABBREVIATIONS if'= CENTERLINE I.R.F.W.C.D.~INDIAN RIVER FARMS

WATER CONTROL DISTRICT · O.R.B.=OFFICIAL RECORDS BOOK P.B.~PLAT BOOK P.B.S.~ST. LUCIE COUNTY PLAT BOOK

PG.~PAGE

~ ~

iL

",

P.I.D.~PARCEL IDENTIFICATION PSM=PROFESSIONAL SURVEYOR

AND MAPPER R/W~RIGHT -OF -WAY T.C.E.~ TEMPORARY CONSTRUCTION

EASEMENT

'<!" -0

..-Q) 0 ~ c

~ 1-iii :I: (j w !:: en 0 a. :a: 0 (.)

PARCEL 6: RIGHT OF WAY A 14.4 FOOT WIDE STRIP OF LAND BEING A PORllON OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1520, PAGE 378, OF THE _PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, FOR THE PURPOSE OF ADDillONAL RIGHT OF WAY; SAID LANDS LYING IN SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS: -

COMMENCE AT THE SOUTHWEST CORNER OF SAID SECllON 6; THENCE RUN N89'53'07"E, ALONG THE SOUTH LINE OF SAID SECllON 6, A DISTANCE OF 3,315.93 FEET TO A POINT ON THE WEST LINE OF WEST 10 ACRES, OF THE EAST 20.48 ACRES OF TRACT 15, SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE DEPARllNG SAID SOUTH LINE RUN N00'14'41"E, ALONG SAID WEST LINE, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF 16th STREET FOR A POINT OF BEGINNING; THENCE CONllNUE N0014'41"E, ALONG SAID WEST LINE, A DISTANCE OF 14.40 FEET; THENCE DEPARllNG SAID

0 50 100 200

- GRAPHIC SCALE

"''""I" " ;.,~ ', ', \ \ ( IN FEET ) '0.>, \ '\ I I~ "'. ,,\ '" w~ I rtJ ' ' ' ' ' " ~0 35'TY--'c:-"T' ·\THE CWB AT I~ I(

"' : e ~,Mx · S 1 , '"· "· .~·-· .:< ~u I"' I BUFFER ".,<';;;... '~"?.' •e,£3~1 "'~ i!ll lERRY &-L~~~;~',j~\. I."@ I

VIllAGE Of LEXINGTON P.B. 14. PG. 45

~;'; :a' I FLEMMINGDELL ~~ ,.o}t, ':!]!'\ I ~ N I u.: PJ.D /,?,-Q',''1i-1f--' : ")'• ~"'!'! • ~ 33-39-os~O- jn.£\ l)"''~~~"',j, r 1 1 ~~t- I -0150-00000001 w~ ':;Po;>-~' I lt-1 ~r-u I l (P 03 0 n.0et: \

1

1:E1 I ;;tsg 1 ER o.R.B. 1s2o 1 ~~~: : : \ I li!ll

1

_ ~ PG. 376) ' I :1!:55lu 1 \ • •ti•

~0 c· R/~-LINE -7--l PARC1EL 6 ~w p~~v~1;miJn~) !!i ' . '"'-----! «' "'-- 00~ '

COR N00•14' , --------- -- ~ s-33-39 14 40' 41 E- ""' ''''''"'" -- c~!"'' - -- --• ' """'" ---- --------TRACT c

-- .4'~ ,. """' - ' ,1/ -j'--+-.:g- 7 W 176.71 -- _TI<A_(OT__D i NB9'53'07"E - _ - --- _j

3315.93' P.O.B 16th STREET -- N.R/WLINE • 'i: S. LINE OF SEC --

SW COR ::: & s. LINE OF TRB-33-39

TRACT 0 :<= ACT-15

WEST LINE, RUN N89'53'D7"E, PARALLEL WITH SAID SOUTH .LINE, A DISTANCE OF 176.71 FEET TO THE WEST LINE OF TRACT D PER 'THE CLUB AT VERO-P.D.', AS RECORDED IN PLAT BOOK 15, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN S0014'41"W, ALONG THE WEST LINE OF SAID TRACT D, A DISTANCE OF 14.40 FEET TO SOUTHWEST CORNER OF SAID TRACT D; THENCE

.DEPARllNG SAID WEST LINE RUN S89'53'07"W, ALONG THE AFORESAID NORTH RIGHT OF WAY LINE BEING PARALLEL WITH THE SOUTH LINE OF SAID SECllON 6, A DISTANCE OF 176.71 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.06 ACRES, 2,545 SQUARE FEET, MORE OR LESS. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. .

NOIES 1. THIS SKETCH OF DESCRIPTION IS NOT VALID WllHOUT THE SIGNATURE AND THE

ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HERE6N.

2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE.

3. THIS SKETCH AND DESCRiPTION AND ADJOINING PARCElS MAY BE SUBJECi TO EASEMENTS, RESTRICTIONS, RESERVATIONS, OR RIGHT OF WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDJTJONS OR FEATURES ARE NOT SHOWN. DIMENSIONS SHOWN HEREON ARE BASED UPON 'THE CLUB AT VERO-P.D.' AS RECORDED IN PLAT BOOK 15, PAGE 83.

5. THE BEARINGS ~;HO'h'N HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, A3 SHOWN ON THE ENGINEERING PLANS FOR 16th STREET IMPROVEMENTS (PROJECT No. 9920), PREPARED BY INDIAN RIVER COUNTY PERSONNE~ ON THE DATE OF JUN( B, 2006. SAlO liNE HA\IING A BEARING OF NB9'53'07"E.

RESPONSIBLE CHARGE

1· 51· C!'i3 DAVID M. SILON, P.S.M. DATE

..... ,-a o'<~'

~:£

LEGEND & ABBREVIATIONS _ COR = CORNER ESMT = EASEMENT F.P.L = FLORIDA POWER AND LIGHT O.R.B. = OFFICIAL RECORDS BOOK P .B. "" PLAT BOOK P.I.D. = PARCEL IDENTifiCATION

P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT Of WAY P.S.M. ~ PROFESSIONAL SURVEYOR AND MAPPER SEC = SECTION

THIS IS NOT A BOUNDARY. SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION

)'"LORIDA REGISTRATION No. 6139 . INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT

i

SHEET

~ • m 0

~ N

~

·~ a

" • 0

" ~

~ !: I ~

~ £ ~

.~

!: ' 0 N

;

~ ~ a

~ ~ 0

~ ffi < ~ < g ~ ~

' 0

§

" NDIAN RIVER COUNTY ADMINISTRATION BUILDING~~~ INDIAN RIVER COUNT.. y

1840 25th STREET ""'~ • vERO BEACH, FL 32eso ~ ,'UII,', ~ Deporiment of Public Works

(772) so7-sooo ' -''" ." Engineering Division

DRAWN BY• SECTION 6 APPR~WoD {~fON . TOWNSHIP 33S

0. S/LON RANGE 39E

SKETCH AND DESCRIPTION OF PARCEL 6 FOR R/W ACOUISIT/ON /:

OF I

'</' ..... 0

C\J

<ll 0)

<1l Q

~ !:: Ill :I:

~ w !:: en 0 0. 2 0 (.)

PARCEL 6A:TEMPORARY CONSTRUCTION EASEMENT

A 10 FOOT WIDE STRIP OF LAND BEING A PORllON OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1520, PAGE 378, OF THE PUBUC RECORDS OF INDIAN RIVER COUNTY FLORIDA, FOR THE PURPOSE Of ACQUIRING A llEMPORARY CONSTRUCllON EASEMENT: SAID LANDS lYING IN SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEING MORE PARllCULARLY DESCRIBED AS FOLLOWS:"

0 50 100 200

GRAPHIC SCALE , . _ '"-, \ \ ( IN FEET ) ! !~,

VILLAGE Of lEXINGTON I lr~~q'-"~ ', '\ . . I 1~' P.B. 14, PG. +5 I >-<nw •'- , \ · I· 1-nu... ' , , w

~,.,z!:!::; ''>._~ ' ' lHE CLUB AT VERO-P.O. 1 " ll-1 I M. < _. ' \ w"' I

. , n m _ ~/.-y P.B. 15, PG. B3 '{Lu~'

COMMENCE AT THE SOUTHWEST CORNER Of SAID SECllON 6: THBNCE RUN N89'53'07"E, ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 3,315.93 FEET TO A POINT. ON THE WEST LINE OF WEST 10 ACRES, OF THE EAST 20.48 ACRES OF TRACT 15, SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, Of THE PUBLIC RECORDS OF St. LUCIE COUNTY, .FLORIDA: THENCE DEPARllNG SAID SOUTH UNE RUN N00"14'41"E, ALONG SAID WEST LINE, A DISTANCE OF 44.40 FEET TO THE POINT OF BEGINNING: THENCE CONllNUE N00'14'41"E, ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET: THENCE DEPARllNG SAID WEST LINE, RUN N89'53'07"E, PARALLEL WITH SAID SOUTH UNE, A DISTANCE OF 169.49 FEET TO A POINT ON THE WEST UNE OF TRACT D PER 'THE CLUB AT VERO-P.D.' AS RECORDED IN PLAT BOOK 15, PAGE 83 Of THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: THENCE RUN S45'33'25"E, ALONG THE SAID WEST LINE Of -TRACT D, A DISTANCE Of 10.08 FEET TO AN ANGLE POINT .IN THE SAID WEST UNE OF TRACT D: THENcE RUN S0'14'4l"W, SllLL ALONG THE WEST LINE Of TRACT D, A DISTANCE OF 2.93 FEET TO A POINT LYING 44.40 FEET NORTH OF THE SOUTH LINE OF SAID SECllON 6: THENCE DEPARllNG THE SAID WEST LINE Of TRACT D, RUN S89'53'07"W, PARALLEL WITH THE SAID SOUTH LINE OF SECllON 6, A DISTANCE OF 176.71 FEET TO THE POINT Of

f:3 35' TYPE 'B_X ' . '\~ '<"' i= I

l):S I LANDSCAPE '-...<:G "'"''"11-'" I"'~ I 4:(1) 11- BUFFEF!_ ,'\f'..;>',j ~~_)., · : niJI 1

;>~ ~~: 1ERRY &LYN. OOL\ ~·~,, ~i; "'"' , -! FLEMMING ~~'?_,2.~~~ o, ' '>-' wv I 0.. • ( I "' ' <%1\ I 1::;;,:1 ~ci

1..: I P.I.D. No. JDw "-::: (Oc' \

1 1"'1

, N • 33-39-06-00001 w~ I \ w Ow~ 1 ~ -0150-00003.0 ~~e=i 1 1

: ' 1 1~1

~~~ II I (PER O.R.B. 1520, \ig~~U_l~--~\--J ~~II BEGINNING.

CONTAINING 0.04 ACRES, 1,742 SQUARE FEET, MORE OR LESS. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.

~1:5~ 1 PG. 378) 1 I 35' rtp£ a_/ 1:51

---~--~ /~~CEL _kC!~~~:ff --~ N. R/W LINE ---~ • ~1~~:A~!re: INSTRUMENT) TRACT c I

NOTES N00'14'41"E ' .4g ~---oo·14741''W- ---~ P.O.C. 1o.oo· sag· 5307 176.71 ., 2.93' TRAcT a J

l ~ ~ Q

~ ~

~ ),

~ ~

~ I'

x ~

1. THIS SKETCH Of DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RA1SED SEAL OF iHE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE.

~440 -:};' • • • 10.08 -- -- ----- · -- -- -- S LINE OF SEC 6-33-39

. PARCEL 6 16th STREET & s. LINE OF TRACT 15

~ ~

6 3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS,

RESTRICTIONS, RESERVATIONS, OR RIGHT OF WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS QR f'EA ")"URES ARE NOT SHOWN. DIMENSIONS SHOWN HEREON ARE BASED UPON

. 'THE CLUB AT \'l?.RO-P.D.' AS RECORDED IN PLAT BOOK 15, PAGE 83.

5. THE BEARl~IGS SHOWt>~: HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 E.AST, AS SHOWN ON THE ENGINEERING PLANS FOR 16th STREET IMPROVEMEN1S (PROJECT Nc.. 9920), PREPARED BY INDIAN RIVER COUNTY PERSONNEL, ON THE DATE OF JUNE 6, 2006. SAID l.INE HAVING A BEARING OF N89'53'07"E.

CERTIFICATION SURVEYOR ANP MAPPER IN RESPONSIBLE CHARGE

f±tJruJ /111. ~VJ 7 ?J· 0'6 i DAVID M. SILON, P.S.M. DATE

N89'53'07"E (SEPARATE 3315. 93' INSTRUMENT)

LEGEND & ABBREVIATIONS COR = CORNER ESMT = EASEMENT F.P.L. = FLORIDA POWER AND LIGHT O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK P.l.D. = PARCEL IDENTIFICATION

P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W ~ RIGHT OF WAY P.S.M. "" PROFESSIONAL SURVEYOR AND MAPPER SEC = SECTION .

THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION

FLORIDA REGISTRATION No. 6139 INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INOIAN RIVER COUNTY ENGINEERING DEPARTMENT

NOlAN RIVER CDUNTl' ADMINISTRATION BUILDING@"~ INDIAN RIVER COUNTY 1840 25th STREET §~'if .

VERo BEACH FL 32960 . ,'UIIr', ~ Department of Public Works · (772) 567-aooo • ,., • Engineering Division

DRAj}. aSILON SECTION iJ SKETCH AND DESCRIPTION OF APPROVED ey, TOWNSHIP 33S PARCEL 6'A FOR A TEMPORARY

D. SILON RANGE 39E CONSTRUCTION EASEMENT

w ~ ~

~ X " • ~ ~ u ~ 0 ~ a

B ~ u

" 0

I < ~ < ~ / Q

! B 2

~

" SHEET .

~ Of I

'o:t .... c

co: (j

c « c

~ !-iii i: >< w w l-en 0 a. :2: 0 (.)

PARCEL 68:TEMPORARY CONSTRUCTION EASEMENT

A 15 FOOT WIDE STRIP OF LAND BEING A PORllON OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1520, PAGE 378, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNlY FLORIDA, FOR THE PURPOSE OF ACQUIRING A TEMPORARY CONSTRUCllON EASEMENT; SAID LANDS LYING IN SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER Of "TRACT D" ACCORDING TO THE PLAT OF "THE CLUB AT VERO-P.D." AS RECORDED IN PLAT BOOK 15, PAGE 83 OF THE PUBLIC

0 50 100 200

GRAPHIC SCALE

RECORDS OF INDIAN RIVER COUNlY, FLORIDA, AND RUN N0"14'41"E, ALONG THE WEST , )Dw ""-, '-, \ \ ( IN FEET ) ! !~, ll... , '~ ' ' 1 1 I LINE OF SAID "TRACT D", A DISTANCE OF 17.33 FEET TO A POINT; THENCE RUN 'ilLLAGE OF lEXINGTON•

N45"33'25"W, SllLL ALONG THE WEST LINE OF SAID "TRACT 0", A DISTANCE OF 10.08 P.a. 14• PG. 45 ~~e\ ~ , ,, '\ ,,_II FEET TO THE POINT OF BEGINNING, SAID POINT LYING 54.4 FEET, MORE OR LESS, NORTH OF THE SOUTH LINE. OF SECllON 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE DEPARllNG SAID WEST LINE RUN S89"53'07"W, PARALLEL WITH THE SOUll-1 LINE OF SAID SECllON 6, A DISTANCE OF 42.86. FEET TO A POINT; THENCE RUN N0"06'53"W A DISTANCE OF 15.00; THENCE RUN NB9'53'D7"E, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 27.63 fEET TO THE WEST LINE OF "TRACT c" AS SHOWN ON THE PLAT OF "THE CLUB AT VERO-P.D.", RECORDED IN PLAT BOOK 15, PAGE 83 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNlY, FLORIDA; THENCE RUN S45"33'25"E, ALONG THE WEST LINE OF SAID "TRACT C" AND "TRACT D", A DISTANCE. OF 21.38 FEET TO THE POINT OF BEGINNING.

CONTAINING 528.7 SQUARE FEET, OR 0.01 ACRES. MORE OR LESS, SAID LANDS NOW LYING IN INDIAN RIVER COUNlY, FLORIDA.

r-ou... ' , '\ ' ...... w . z~ '...._ '- ' ' THE CLUB AT VERO-P.O. 1. P.1 I . , /3;\"'lr ·-"~T'\J '\ P.B. 15, PG. 63 ':;'~~

m. .35' TYPE 'B::X ' . '~ ~ ~~ I 51:; j LANDSCAPE '""',.,-~ \,:.Y;,-7-~ Jlor.:c I <m 1 BUFF£13_ -.ll'._y',~~,} :n 1~ 1

'i ihrn, •'-'"'"'-\ "']i:,ey. fi'l "oo , -! 1

FLEMMING . )1\Q'l$.1~-l><Y<>, , : .... : 1 w"<t

1 a... I PI D No rnd; 1

" '·o ~' 1 :::!. iE 0 "' . • . . . n. '2 \ I I"' I I ~ N 0 33-39-06-00001 it<\ , \ ~ ow~ ! N -0150-00003.0 1 ~:g~: : ' \ : :!;1:

~~t; 1• I (PER O.R.B. 1520. I "'~"u 1 , s7 1 ~1 -l <( l<'l_.IID L-\-- 0::: I ·~

3il3~ 1 PG. 378) Nw~-~ 3s;TtPE a· 101

~1 LANci5~AP[ I· I

PARCEL 68 TR~ T _B_:J~--~-_r --- - --- I TEMPOilARY CONSTI<UCTION Er.SEt.IEN L p. 0. 8. TRACT c I

w' ~ -------- ---~ N. R/W LINE q==j~)C((l~':i.'~~'~lC••"!~'"-'"TI ____ H- N45"3~'25'"W TRACT D I NOTES

1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT· THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL 'STANDARDS AS ESTABLISHED IN CHAPTER 61GI7-6, FLORIDA "ADMINISTRATIVE CODE.

rW CDR ~~~2-"'~"~~~-iyJj:li'.'~~~~if~,~~,~~ "~~0~----- -;, -RJ~ LINE -33-39 0(0 .i\ ')

Z" _J_ -- -- S LINE OF SEC 6-33-39

3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, OR RIGHT OF WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS Of INDIAN RIVER COUNTY, FLORIDA.

4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. DIMENSIONS SHOWN HEREON ARE BASED UPON 'THE CLUB AT VEP..O·-P.P.' A~) RECORDED IN PLAT BOOK 15, PAGE 83.

5. TI-lE BEARINGS SHOWN Ht.REON t.;.RE BASED UPON THE SOUTH LINE OF SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EASY, AS SHOWN ON THE ENGINEERING PLANS FbR 16th STREET IMPROVEMENTS (PROJECT No. 9920), PREPARED BY INDIAN RIVER COUNTY PERSONNEL, ON lHE DATE OF JUNE'S. 2006. SAID UNE HAVING A BEARING OF NB9'53'07"E. .

N89"5fo7"E 16th STREET & s. LINE OF TRACT 1.5 3315.93'

LINE TABLE

L1 S89'53'07"W 42.86' L2 N00"06'53"W 15.00' L3 N89"53'07"E 27.63' · L4 S45"33'25"E 21.38'

LEGEND & ABBREVIATIONS

COR =· CORNER . ESMT = EASEMENT

SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE F.P.L ~ FLORIDA POWER AND LIGHT O.R.B. = OFFICIAL RECORDS E300K

P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER SEC = SECTION fV') (} _iv P.B. ~ PLAT BOOK

,1\fi/lf!L<nJ { 1 / ~_,~~'\ 7. 31-oe P.I.D. = PARCEL IDENTIFICATION

DAVID M. SILON, P.S.M. DATE THIS .IS NOT A BOUNDARY SURVEY FLORIDA REGISTRATION No. 6139 SKETCH TO ACCOMPANY LEGAL DESCRIPTION

INDIAN RIVER ASSISTANT COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT

(

SHEET

~ ~

• • 0

• • N • ~ g • " • 0

~

~ ~

' ~ ~ ~ !:i ~ X 1i! iii ~ 0 ~ • 0

~ 0 u /

" ~ < !1 < ~ • 'G z • ~ z G

~ ~

NOlAN RIVER COUNTY ADMINISTRATION BUILDING~·" /NOlAN RIVER COUNTY DRAWN BY, SECTION 6 SKETCH ANO OESCRIPTION OF 1B40 251h STREET ~ . • B. ROACH

vERo BEAcH. FL 3296o ~,'UJ!r', 'l Department of Pub!tc Works APPRovED 9y, TOWNSHIP 33$ PARCEL 68 FOR A TEMPORARY (772) 567-sooo • '"' ,· Engineering Division D. $/LON RANGE 39£ CONSTRUCTION EASEMENT

y OF I

"<t ... 0

"<t Ql 0)

cxs c.

< :

1-iii :I: X w w !::: (J) 0 a. :2: 0 u

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

REFERENCE:

A ~


MEMORANDUM

May30,2008

Wil~iam K. DeBraal, Assistant County Att~me~

Christopher J. Kafer, Jr., P.E., County Engme~

Michael D. Nixon, Roadway Production Manageri/;J~ 16th Street, from 74th Avenue to 66th Avenue S.C.A.L.E. Report

IRC Project No. 9920

The Project consists of the paving of 16th Street in Indian River County from 74th Avenue to 66th Avenue. The Project will connect with the future paving project of 66th Avenue, currently under design by others. 16th Street currently exists as a two lane dirt road that parallels the Indian River Farms Water Control District (IRFWCD) Sub Lateral A-1 Canal abutting and to the south of the road right-of-way. A small wood pile bridge will be replaced over the (IRFWCD) Rangeline Canal at 74th Avenue. A three lane roadway section will be constructed between 74th Avenue and a point 2400 feet east. The road will have through lanes and a center two way left turn lane. In this portion, the IRFWCD Canal will be piped to acco=odate the three lane section of roadway and storm water treatment. This portion of roadway and piping will be partially funded by a Developers Agreement from Pointe West East Village, Phase I, PD. Storm water treatment in this portion of the project will be acco=odated in the Pointe West East Village, Phase I, PD lake system. The remaining eastern portion of the project will be constructed as a two lane paved roadway with storm water treatment within the road right-of-way. A five foot wide sidewalk will be constructed along the north side of the road (6 foot wide where sidewalk abuts curb). Additional right-ofway will be required along the north side of the road right-of-way to acco=odate the project.

All new right-of-way necessary to construct the Project has been acquired except two (2) parcels (Fleming and Laurel Homes) along the north side of the road that remain to be acquired either through continued negotiation or through eminent domain.

The design of this section of roadway is substantially complete. Applicable regulatory agency permits have been obtained. A permit modification from the St. Johns River Water Management District will be requested to extend the completion time two years. This permit modification will be obtained in one month. During the initial design period, the following criteria were evaluated for the selection of the alignment of the project.

1. Alternate Alignments and Comparisons 2. Safety Considerations 3. Cost 4. Long Range Transportation Plan 5. Environmental Concerns

F: \Engineering\ Capital Projects\9920-16th St, 74th ;~ve to 66th Ave\9920 - Bill DeBraal memo REV

5-30-08.doc

395

Reviews of the above-meotioned 5 factors are as follows:

1. Alternate Alignments and Comparisons - Four alternate alignments were evaluated with this project.

The Code of Indian River County Florida 952.08 (1) (b) 3 attached requires that right-ofway deficiencies be acquired on the opposite side of any District Canal; therefore, acquiring right of way to the south of the District Canal was not considered. Although a portion of the (IRFWCD) canal is being piped to utilize the Pointe West East Village, Phase I, PD lake system for storm water treatment, piping (IRFWCD) canals is not desirable for the following reasons: Costs are higher; closed drainage systems (pipes) are less efficient in conveying storm water than opeo ditches; mainteoance costs are much higher wheo system failures occur; wood stork habitat could be affected; storm water quality is reduced; storm water quantity and flow velocities are increased. These systems drain many acres of land where flooding becomes a concern up stream.

The alternate corridors are described as follows:

Alternate Alignmeot One - This alignmeot will require piping of the first 2400 feet of (IRFW CD) Sub Lateral A-1Canal from 74"' Avenue east to allow for the three lane roadway section and allow the storm water treatmeot in this portion of the project to be accommodated in the Pointe West East Village, Phase I, PD lake system. This section will utilize the (IRFWCD) right-of-way and the existing road right-of-way. The remaining portion to the east will transition to the north and be reduced to a two lane road section, not requiring the piping and utilization of the (IRFWCD) right-of-way. This eastern section will require the existing road right-of-way along with additional right-of -way from parcels located along the north side of 16"' Street. This alternate provides the straightest alignment to the connecting roads at 74"' Avenue and 66"' Aveoue. The ceoterlines of 16"' Street east and west of

· these two major intersections will line up creating the most desirable situation for east I west traffic moverneots through the intersections. The drainage system will have minimal size piping of the (IRFWCD) Canal.

Alternate Alignmeot Two- This alignmeot will require piping the entire length of the (IRFWCD) Sub Lateral Canal fronting the proposed paving of 16"' Street. The first 2400 feet of (IRFWCD) Sub Lateral Canal from 7 4"' Avenue to the east allows for the three lane section and allows the storm water treatmeot in this portion of the project to be accommodated in the Pointe West East Village, Phase I, PD lake system similar to Alternate One. This alternate will require all of the (IRFWCD) right-of-way, the existing road right-of-way and will require additional right-of-way from numerous parcels located along the north side of 16"' Street primarily in the three lane section. The estimated cost for the 1750 feet of canal piping in addition to alternate one canal piping is approximately $765,000.

Alternate Alignment Three- This alignmeot will consist of all of the paving and storm water treatment being north of the (IRFWCD) Sub Lateral A-1 Canal and will not require any piping of(IRFWCD) Sub Lateral A-1 Canal. This alternate will require more additional right-of-way from numerous parcels located along the north side of 16"' Street than in alternate one and two. A three lane section for first 2400 feet east of74"' Aveoue will still be needed as in Alternates One and Two. The storm water treatmeot in this portion of the project will not be able to be accommodated in the Pointe West East Village, Phase I, PD lake system because of the canal crossing. Because of this the storm water treatment for the western 2400 feet will be provided in the 16"' Street road right-of-way or by offsite storm water ponds, requiring more right-of way acquisition than alternate one and two. The remaining portion of the road to the east will transition into a two lane section. This alternate does not provide for desirable alignment at 74"' Avenue.

F:\Engineering\Capital Projects\9920-16th St, 74th Ave to 66th Ave\9920 -Bill DeBraal memo REV

5-J0--08. doc

396

Alternate Alignment Four- This alignment will require the piping of first 2400 feet of (IRFWCD) Sub Lateral A"1Canal from 74th Avenue east to allow for the three lane roadway section and allow the storm water treatment in this portion of the project to be accommodated in the Pointe West East Village, Phase I, PD lake system. This section will utilize the (IRFWCD) right-of-way and the existing road right-of-way. The remaining portion to the east will transition to the north and be reduced to a two lane road section, not requiring the piping and utilization of the (IRFWCD) right-of-way. This eastern section will require the existing road right-of-way along with additional right-of-way from parcels located along the north side of 16th Street. Guardrail will be placed along the (IRFWCD) rightof-way throughout the two lane section bringing the roadway closer to the canal. This will reduce the required right-of-way acquisition from property owners along the north side of 16th Street. This alternate provides an acceptable alignment to the connecting roads at 74th Avenue and 66th Avenue. The drainage system will have minimal size piping of the (IRFWCD) Canal.

2. Safety Considerations - The four ( 4) alternates have been designed to meet the safety and design standards set forth in the Florida Department of Transportation (FDOT) "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways", Dated May 2002, and by Indian River County. All alternates result in safe operating characteristics by meeting the clear zone and shoulder requirements by increased distances to roadside hazards, canal piping, guardrails, an improved bridge and curbing. A sidewalk along the north side of the road will improve pedestrian safety. A west bound left turn lane at 74th A venue and also an eastbound left turn lane will be provided at 66th A venue, and will provide improved capacity and safety at the intersection. Alternate One, Two and Four provides the best alignments to the connecting roads where the centerlines of 16th Street east and west at the two major intersections (66th Avenue and 74th Avenue) will line up creating the safest condition for traffic movements at the intersections.

3. Costs ESTIMATED PROJECT COSTS

ALTERNATIVE ALIGNMENT CONSTRUCTION RIW ACQUISITION ONE $1,900,000 TWO $2,700,000 THREE $1,800,000 FOUR $2,000,000

$400,000 $0 $1,000,000 $300,000

TOTAL COST $2,300,000 $2,700,000 $2,800,000 $2,300,000

4. Compatibility with Indian River County's Long Range Transportation Plan. -The paving of 16th Street from 74th A venue to 66th A venue is indicated as a committed Roadway Improvement in the Indian River County's Long Range Transportation Plan (attached).

5. Environmental Impacts- The Design takes into consideration impacts to existing utilities, trees, endangered species and water quality. All applicable regulatory and environmental permits have been obtained. A modification to the existing permits will be made to extend the permit deadline an additional two years and will be obtained prior to June 24, 2008. Alternates One, Two and Four both utilize an existing stormwater Ia:ke within the Pointe West East Village, Phase I, PD Subdivision through a developer's agreement for the first 2400 feet of the project east of 74th Avenue. This system will maximize treatment that will greatly offset the impact of the piping of the (IRFW CD) Sub Lateral A -1 Canal in this section. The western portion of Alternates One and Four will provide treatment through a series of dry retention ponds along the north side of the road right-of-way. The storm water will then be discharged into the (IRFWCD) Sub Lateral A-1 Canal after treatment. Alternate Two will include piping the entire (IRFWCD) Sub Lateral A-1 Canal between 74th Avenue and 66th Avenue. Alternate Three will provide all of the storm water

F:\Engineering\Capital Projects\9920-16th St, 74th Ave to 66th Ave\9920 -Bill DeBraal memo REV

5-30-0S.doc

397

treatment through dry retention ponds or offsite storm water ponds along the north side of the road right-of-way. The additional piping of the canal for Alternate Two will result in less effective stormwater treatment because of increased flows and less canal storage.

Reconnnended Alignment - Alignment Four is reconnnended for the Project. This alternate emphasizes the use of the existing 16"' Street right-of-way, minimizing the land acquisition. (IRFWCD) Sub Lateral AI Canal piping will result in the least environmental impact by providing the best storm water treatment. This alignment will also align with existing side streets best and fit the road geometry at the intersections of74"' Avenue and 66"' Avenue. This alignment will require 1300 linear feet of guardrail along the (IRFWCD) right-of-way that will allow the roadway to be placed further south that will reduce the required right-of-way acquisition from property owners along the north side of 16"' Street. The overall costs of Alignments One and Four are close. Alternate Four will have less impact on land acquisition which makes Alternate Four more desirable.

If you have any questions, please contact me at (772) 226-1986.

Cc: James W. Davis, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engineer Pamela Stewart, Land Acquisition Manager File

F:\Engineering\Capital Project.s\9920-16th St, 74th Ave to 66th Ave\9920 - Bill DeBraal memo REV

5-30-08.doc

398

Section 952.08. Right-of-way requirements.

(1) Right-of-way dedication or acquisition. It is the county's intent to acquire, by developer dedication or government purchase, that property needed to make up a road right-of-way deficiency. All such dedications and acquisitions shall occur or be initiated during the development approval process.

(a) General requirements.

1. An applicant for development approval shall:

a. Identify, at the time of development project application submittal, any right-of-way deficiencies of adjacent roadways based on the standards set forth in section 952.08(1)(F).

b. Identify, at the time of development project application submittal, any site-related project right-of-way needs.

c. Dedicate all minor (local) road and site related right-of-way to the county without compensation prior to issuance of a land development permit for preliminary plats and prior to site plan release for site plan projects. For minor (local) roads only, the public works director or his designee may accept drainage and utility easements in .lieu of right-of-way to make up for small right-of-way deficiencies up to ten (1 0) feet. In such circumstances, the public work director or his designee may also require public sidewalk easements.

2. County staff shall confirm all right-of-way deficiencies during preliminary plat and site plan review.

3. The public works director may reduce the amount of right-of-way required to be dedicated by a project applicant if a roadway design requiring less right-of-way is planned.

(b) Right-of-way dedication requirements.

1. Right-of-way deficiencies shall be satisfied by dedication of equal amounts of right-of-way from each side of the deficient roadway, unless the conditions of 2., 3., or 4. below apply.

2. Where right-of-way must be dedicated for site related improvements, all such dedicated right-of-way shall come from the development project side of the roadway.

3. Where a drainage district canal right-of-way, a railroad right-of-way, a high voltage power line, or similar impediment abuts one (1) side of a deficient road right-of-way, the entire right-of-way deficiency shall be made up from the property on the opposite side unless an alternative design (e.g. culverting the canal) is approved by the public works director.

4. Where at least one-half ( 1/2) of the required road right-of-way has been provided from the property on one ( 1) side of a deficient road

399

right-of-way, the remaining right-of-way deficiency shall be made up from the property on the opposite side, unless an alternative design is approved by the public works director.

400

I /5A1-


TO: Honorable Emergency Services District Board of Commissioners

FROM:

DATE: July 17,2008

SUBJECT: Construction Services Contract {Part 2 Agreement) with Barth Construction for the Replacement ofindian River County Fire Rescue Station No. 9

It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting.


On September 13, 2005, the Board approved a Design/Build agreement with Barth Construction for the renovation and construction of Emergency Services Stations (R.FQ #7035). Attached, please fmd a modified Standard Form AlA (American Institute of Architects) Part 2 Agreement for the replacement oflndian River County Fire Rescue Station No. 9.

The Part 2 Agreement (construction services) requires the design/builder to submit final construction documents, provide required insurance, and outlines progress payments leading to project completion. In accordance with Florida Statute 287, the County's architect, Donadio and Associates, has reviewed the proposal and recommends approval as presented.

RECOMMENDATION:

Staff considers the attached Part 2 Agreement reasonable compensation for the proposed work and recommends the Board authorize the Chairman to execute the Agreement. As noted in earlier agenda items, funding for the replacement project includes insurance reimbursements, FEMA reimbursements, and District reserve funds.

ATTACHMENT:

1. Part 2 Agreement for Indian River County Fire Rescue Station No. 9 2. Letter from Donadio and Associates, Architects, P.A., dated July 17,2008.

401

APPROVED FOR AGENDA


BY: _______ _ Joseph A. Baird County Administrator

11 liiCilaD River Co.

A....._

Co. Attorney

Bv.dget

Dept

RlskMgr.

Gener31 :S'Ve& ·-

ApprolW, --- 7-7-0f

U/J4l '5'-2-c:f'

_fJ}cf& ~It/or rJ~· r:lt>llt

·~ Au.!-.· lf'II-Of

402

July 17, 2008

Mr. John King Indian River County EMS 1840 25th Street Vero Beach, Florida 32960

DONADIO & Associates, Architects, P.A.

RE: Indian River County Fire Station #9 Part II Agreement Review Project No. 5018.001.9.1.2

Dear Mr. King,

I have reviewed the Design/Build Part II Agreement and the back up construction cost information from Barth Construction dated 07117/08 for Fire Station #9, as provide to me by your office. Based on this review, to the best of my Professional knowledge and belief, the Design/Build Part II Agreement and Construction Documents appear to be inclusive of the required work, the costs are fair and reasonable based on current construction market conditions.

Should you have any questions regarding the above, please feel free to contact me.

onadio A.I.A., NCARB

609 17"' Street Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email [email protected] license No. AA0002238

3

·~!!!t!. General Contractor

July 16, 2008

John King Indian River Connty Emergency Services 4225 43 rd Avenue Vero Beach, Florida, 32960

Re: Station # 9

Mr. King,

CGC007847

We are pleased to present to you an updated Part II proposal for Fire Station# 9. A summary of the updated project costs follows;

Architectural & Engineering Fees Architectural Fees- Part II Civil Engineering - Part II

Construction & General Conditions Overhead & Profit Contingency Payment & Performance Bond (100%)

$ 48,691.00 $ 8,500.00

$ 1,844,916.00 $ 190,211.00 $ 40,000.00 $ 15,362.00

Total Part II Design & Construction Costs 2,147,680.00

Project Management will be billed as a cost of the job at a rate on $100.00/hour including Burdens & Benefits Project Supervision will be bilJed as a cost of the job at a rate of $75.00/hour including Burdens & Benefits

A~ n Fykes

arth Construction, Inc.

1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (772) 778-3072 *Fax: (772) 770-3017 E-mail: infu@!;l.!!!Jhconstruction.com • Internet: YY.\lcW.bm1hconstTuction.co!T) E:\Projects\IRC Fire Stations\9 STATION #9\construction proposal7.16.08.doc 404

t~.c. Fire S(ation # 9 Estimate

300

43

DAYS

WEEKS

10 Months

8,500

875

Sq.Footage ____ _

33,000 64,420 f--,---'-'~!C\-'-----~ 17,976

3,900

35,790

2,379

2,100

55,826

5,500

16,900

7,144

2,808

405

LJ{.(.'. Fke StaHon # 9 Estimate

300

43

DAYS

WEEKS

10 Months

955

3,200

10,814

1,525

1,500

750

Sq.Footage ___ .;:__

43,000 1----'"""''+---'=1 8,562 1-----'='t------'""'1

36.500

366

9,068

6,750

350

1,500

1,100

500

9,700

5,950

2,500

38,800

250

5,550

83,336

14,800

43,800

44,000

406

I.R.C. Fire Station # 9 General Conditions

300 DAYS

86,000 !29,000

Sq.Footage __ .::__

2,800 750 750

1,500 1,000

500 2,200

50 1,000

50 250

2,500

50

48,691 500

8,500

3,500 1,500

3,000

3,000 2,200

18,000

3,000 10,000

8,550 5,700 7,500

407

Indian River County ·Fire Station #9- Roseland Road Part II Agreement

TABLE OF ARTICLES

PART 2 AGREEMENT

1. GENERAL PROVISIONS

2. OWNER

3. DESIGN/BUILDER

4. TIME

5. PAYMENTS

6. PROTECTION OF PERSONS AND PROPERTY

7. INSURANCE AND BONDS

8. CHANGES IN THE WORK

9. CORRECTION OF WORK

10. DISPUTE RESOLUTION- MEDIATION AND ARBITRATION

11. MISCELLANEOUS PROVISIONS

12. TERMINATION OF THE AGREEMENT

13. BASIS OF COMPENSATION

14. OTHER CONDITIONS AND SERVICES

1

408

THIS AGREEMENT made as of the 21's( day of JliJy;:~ in the year of 2008 BETWEEN the Owner:

For the following Project:

The architectural services described in Article 3.will be provided by the following person or entity who is lawfully licensed to practice architecture:

Name and address Registration Number '!i.i39C!t:l¥39~''5I;~]

Relationship to Design/Builder !Qontr~~f~:aE5~'i~J::cs\2L,' ..

Normal structural, mechanical and electrical engineering services will be provided contractually through the Architect except as indicated below:

Name, address and discipline Registration Number

The Owner and the Design/Builder agree as set forth below.

TERMS AND CONDITIONS- PART 2 AGREEMENT

ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS

Relationship to Design/Builder ~~!4~~~~r~w;~~:~.

§ 1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement, the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section 3.2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a written amendment to this Part 2 Agreement signed by both parties, or a Construction Change Directive issued by the Owner in accordance with Section 8.3.

§ 1.1.2 The term 'Work" means the construction and services provided by the Design/Builder to fulfill the Design/Builder's obligations.

2 409

§ 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design/Builder shall notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law.

§ 1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder.

§ 1.3 OWNERSHIP AND USE OF DOCUMENTS § 1.3.1 The Owner hopes to use the plans, Drawings, specifications, and other documents and electronic data furnished by the Design/Builder as a prototype for construction of other fire stations in the future. are instruments of service. The Design/Builder's Architect and other providers of professional services shall retain all common law, statutory and other reserved rights, including copyright in those instruments of service furnished by thorn, except the owner shall have the right to reuse the instruments for construction of additional fire stations. Drav.'ings, specifications, and other documents and electronic data are furnished for use solely •.vith respect to this Part 2 Agreement. The Owner shall be permitted to retain copies, including reproducible copies, of the drawings, specifications, and other documents and electronic data furnished by the Design/Builder for information and reference in connection with the Project except as provided in Sections 1.3.2 and 1.3.3. The Owner intends that the documents, drawings, plans, specifications and electronic data are intended to be reused at some future time. Pursuant to FS 287.055(1 0), the documents and plans shall contain notice to the public that the plans are subject to reuse.

§ 1.3.2 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, except by agreement in writing and with appropriate compensation to the Design/Builder, unless the Design/Builder is adjudged to be in default under this Part 2 Agreement or under any other subsequently executed agreement.

§ 1.3.3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, the Architect shall grant a license to the Owner to use the drawings, specifications, and other documents and electronic data furnished by the Architect to the Design/Builder for the completion of the Project, conditioned upon the Owner's execution of an agreement to cure the Design/Builder's default in payment to the Architect for services previously performed and to the extent allowed bv law, indemnify the Architect with regard to claims arising from such reuse without the Architect's professional involvement.

3

410

§ 1.3.4 Submission or distribution of the Design/Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section 1.3.1.

ARTICLE 2 OWNER § 2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall render decisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may obtain independent review of the Contract Documents by a separate architect, engineer, contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work.

§ 2.2 The Owner may appoint an on-site project representative to observe the Work and to have such other responsibilities as the Owner and Design/Builder agree in writing.

§ 2.3 The Owner shall cooperate with the Design/Builder in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the Design/Builder's Proposal.

§ 2.4 The Design/Builder Owner shall furnish services of land surveyors, geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under the Part 1 Agreement, when such services are deemed necessary by the Design/Builder to properly carry out the design services required by this Part 2 Agreement.

§ 2.5 The Owner shall disclose, to the extent known to the Owner, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsurface conditions. The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site.

§ 2.6 The Ovmer shall furnish all legal, accounting and insurance counseling services as rnay be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Design/!Suilder's Applications for Payment.

§ 2.7 Those services, information, surveys and reports required by Sections 2.4 and 2.5 through 2.6 which are within the Owner's control shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon the accuracy and completeness thereof, except to the extent the Owner advises the Design/Builder to the contrary in writing.

§ 2.8 If the Owner requires the Design/Builder to maintain any special insurance coverage, policy, amendment, or rider, the Owner shall pay the additional cost thereof, eJEcept as otherwise stipulated in this Part 2 Agreement.

4 411

§ 2.9 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Design/Builder's Proposal or the Construction Documents, the Owner shall give prompt written notice thereof to the Design/Builder.

§ 2.10 The Owner shall, at the request of the Design/Builder, prior to execution of this Part 2 AgreeFRent and proFRptly U!')on request thereafter, furnish to the Design/Builder reasonable evidence that financial arrangeFRents have been FRade to fulfill the Owner's obligations under the Contract.

§ 2.11 The Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder, unless otherwise directed by the Design/Builder.

ARTICLE 3 DESIGN/BUILDER § 3.1 SERVICES AND RESPONSIBILITIES § 3.1.1 Design services required by this Part 2 Agreement shall be performed by qualified architects and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder.

§ 3.1.2 The agreements between the Design/Builder and the persons or entities identified in this Part 2 Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon request.

§ 3.1.3 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Design/Builder's obligations under this Part 2 Agreement.

§ 3.2 BASIC SERIVICES § 3.2.1 The Design/Builder's Basic Services are described below and in Article 14.

§ 3.2.2 The Design/Builder shall designate a representative authorized to act on the Design/Builder's behalf with respect to the Project.

§ 3.2.3 The Design/Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall:

.1 be consistent with the intent of the Design/Builder's Proposal;

.2 provide information for the use of those in the building trades; and

.3 include documents customarily required for regulatory agency approvals.

§ 3.2 4 The Design/Builder, with the assistance of the Owner, shall file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project.

§ 3.2.5 Unless otherwise provided in the Contract Documents, the Design/Builder shall provide or cause to be provided and shall pay for design services, labor, materials,

5 412

equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.2.6 The Design/Builder shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under this Part 2 Agreement.

§ 3.2.7 The Design/Builder shall keep the Owner informed of the progress and quality of the Work.

§ 3.2.8 The Design/Builder shall be responsible for correcting Work which does not conform to the Contract Documents.

§ 3.2.9 The Design/Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the construction will be free from faults and defects, and that the construction will conform with the requirements of the Contract Documents. Construction not conforming to these requirements, including substitutions not properly approved by the Owner, shall be corrected in accordance with Article 9.

§ 3.2.1 0 The Design/Builder shall pay all sales, consumer, use and similar taxes which had been legally enacted at the time the Design/Builder's Proposal was first submitted to the Owner, and shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of a contract for construction or are legally required at the time the Design/Builder's Proposal was first submitted to the Owner.

§ 3.2.11 The Design/Builder shall comply with and give notices required by Jaws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project.

§ 3.2.12 The Design/Builder shall pay royalties and license fees for patented designs, processes or products. The Design/Builder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a required design, process or product is an infringement of a patent, the Design/Builder shall be responsible for such loss unless such information is promptly furnished to the Owner.

§ 3.2.13 The Design/Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the Design/Builder shall remove from the site waste materials, rubbish, the Design/Builder's tools, construction equipment, machinery, and surplus materials.

6 413

§' 3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes that the Work or an agreed upon portion thereof is substantially completed. If the Owner concurs, the Design/Builder shall issue a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance, shall include a list of items to be completed or corrected and shall fix the time within which the Design/Builder shall complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance with provisions of Article 10.

§ 3.2.15 The Design/Builder shall maintain at the site for the Owner one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other modifications, in good order and regularly updated to record the completed construction. These shall be delivered to the Owner upon completion of construction and prior to final payment.

§ 3.3 ADDITIONAL SERVICES § 3.3.1 The services described in this Section 3.3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Part 2. Agreement, in addition to the compensation for Basic Services. The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by the Owner.

§ 3.3.2 Making revisions in drawings, specifications, and other documents or electronic data when such revisions are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or electronic data.

§ 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work.

§ 3.3.4 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding, except where the Design/Builder is a party thereto.

§ 3.3.5 Providing coordination of construction performed by the Owner's own forces or separate contractors employed by the Owner, and coordination of services required in connection with construction performed and equipment supplied by the Owner.

§ 3.3.6 Preparing a set of reproducible record documents or electronic data showing significant changes in the Work made during construction.

§ 3.3.7 Providing assistance in the utilization of equipment or systems such as preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation.

ARTICLE 4 TIME § 4.1 Unless otherwise indicated, the Owner and the Design/Builder shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project.

7

414

§ 4.2 Time limits stated in the Contract Documents are of the essence. The Work to be performed under this Part 2 Agreement shall commence upon receipt of a notice to proceed unless otherwise agreed and, subject to authorized Modifications, Substantial Completion shall be achieved on or before the date established in Article 14.

§ 4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 4.4 Based on the Design/Builder's Proposal, a construction schedule shall be provided consistent with Section 4.2 above.

§ 4.5 If the Design/Builder is delayed at any time in the progress of the Work by an act or neglect of the Owner, Owner's employees, or separate contractors employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the Design/Builder's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Owner and Design/Builder agree may justify delay, then the Contract Time shall be reasonably extended by Change Order.

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for Payment in such detail as indicated in Article 14.

§ 5.1.2 Upon VVithin ten (1 0) days of the Owner's receipt of a properly submitted and correct Application for Payment, the Owner shall make payment to the Design/Builder in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq.

§ 5.1.3 The Application for Payment shall constitute a representation by the Design/Builder to the Owner thatthe design and construCtion have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents, and the Design/Builder is entitled to payment in the amount requested.

§ 5.1.4 Upon receipt of payment from the Owner, the Design/Builder shall promptly pay the Architect, other design professionals and each contractor the amount to which each is entitled in accordance with the terms of their respective contracts.

§ 5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be responsible in any way for payment to the Architect, another design professional or a contractor performing portions of the Work.

§ 5.1.6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents.

§ 5.1.7 The Design/Builder warrants that title to all construction covered by an Application for Payment will pass to the Owner no later than the time of payment. The

8 415

Design/Builder further warrants that upon submittal of an Application for Payment all construction for which payments have been received from the Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Design/Builder or any other person or entity performing construction at the site or furnishing materials or equipment relating to the construction.

§ 5.1.8 At the time of Substantial Completion, the Owner shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work.

§ 5.2 FINAL PAYMENTS § 5.2.1 Neither final payment nor amounts retained, if any, shall become due until the Design/Builder submits to the Owner: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; (3) a writien statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of such lien.

§ 5.2.2 When the Work has been completed and the contract fully performed, the Design/Builder shall submit a final application for payment to the Owner, who shall make final payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. within 30 days of receipt.

§ 5.2.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from:

.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;

.2 failure of the Work to comply with the requirements of the Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

§ 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment.

9

416

§ 5.31NTEREST PAYMENTS § 5.3.1 Payments due the Design/Builder under this Part 2 Agreement which are not paid when due shall bear interest in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. from the date due at the rate specified in Article 1 a, or in the absence of a specified rate, at the legal rate prevailing where the Project is located.

ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY § 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing supervision of all safety precautions and programs in connection with the performance of this Part 2 Agreement.

§ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Design/Builder or the Design/Builder's contractors; and (3) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, . .

pavements, roadways, structures and utilities not designated for removal relocation or replacement in the course of construction.

§ 6.3 The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss.

§ 6.4 The Design/Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the Contract Documents) to property at the site caused in whole or in part by the Design/Builder, a contractor of the Design/Builder or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.

ARTICLE 7 INSURANCE AND BONDS § 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE § 7.1.1 The Design/Builder shall purchase from and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Design/Builder from claims set forth below which may arise out of or result from operations under this Part 2 Agreement by the Design/Builder or by a contractor of the Design/Builder, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under workers' compensation, disability benefit and other similar employee benefit laws that are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Design/Builder's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of persons other than the Design/Builder's employees;

.4 claims for damages covered by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Design/Builder or (2) by another person;

10 417

.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

. 7 claims involving contractual liability insurance applicable to the Design/Builder's obligations under Section 11.5.

§ 7 .1.2 The insurance required by Section 7 .1.1 shall be written for not less than limits of liability specified in this Part 2 Agreement or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.

§ 7.1.3 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner immediately after execution of this Part 2 Agreement. These Certificates and the insurance policies required by this Section 7.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the application for final payment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable promptness in accordance with the Design/Builder's information and belief.

§ 7.2 O'NNER'S LIABILITY INSURANCE § 7.2.1 The Owner shall be responsible fur purchasing and maintaining the Owner's usual liability insurnnee. Optionally, the Ov:ner may purehase and maintain other insurance fur self protection against elaims which may arise from operations under this Part 2 Agreement. The Design/Builder shall not be responsible for purehasing and maintaining this optional O·.vner's liability insurance unless specifically required by the Contrast Documents.

§ 7.3 PROPERTY INSURANCE § 7 .3.1 Unless otherwise provided under this Part 2 Agreement, the Owner shall purchase and maintain, in a company or companies authorized to do business in the jurisdiction in which the principal improvements are to be located, property insurance upon the Work to the full insurable value thereof on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required by this Section 7.3 to be insured, whichever is earlier. This insurance shall include interests of the Owner, the Design/Builder, and their respective contractors and subcontractors in the Work.

§ 7 .3.2 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework,

11

418

temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the services and expenses of the Design/Builder's Architect and other professionals required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

§ 7 .3.3 If the Owner does not intend to purchase such property insurance required by this Part 2 Agreement and with all of the coverages in the amount described above, the Owner shall so inform the Design/Builder prior to commencement of the construction. The Design/Builder may then effect insurance which will protect the interests of the Design/Builder and the Design/Builder's contractors in the construction, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Design/Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as de-scribed above, then the Owner shall bear all reasonable costs properly attributable thereto.

§ 7.3.4 Unless otherwise provided, the Owner shall purchase and maintain such boiler and machinery insurance required by this Part 2 Agreement or by lmv, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. This insumnce sl4a1Hncl~:~de interests of the Owner, the Design/Builder, the Design/Builder's contractors and subcontractors in the VVork, and the Design/Builder's Architect and other design professionals. The Owner and the Design/Builder shall be named insureds.

§ 7.3.5 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 7.3.1 0. The Design/Builder shall pay contractors their shares of insurance proceeds received by the Design/Builder, and by appropriate agreement, written where legally required for validity, shall require contractors to make payments to their subcontractors in similar manner.

§ 7.3.6 Before an exposure to loss may occur, the Owner shall file with the Design/Builder a copy of each policy that includes insurance coverages required by this Section 7.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Design/Builder.

§ 7.3.7 If the Design/Builder requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, obtain such insurance, and the cost thereof shall be ~i=lar~ed to ti=le Qes;~n'"'' ,;'der hy ann•on•;ate l"'han~e n • .-le• 0 919 JQUII Uf'f'lf'ii Oil 119 VIO 1.

§ 7 .3.8 The Owner and the Design/Builder waive all rights against each other and the Architect and other design professionals, c9ntractors, subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 7.3 or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as trustee. The Owner or Design/ Builder, as appropriate, shall require from contractors and subcontractors by appropriate

12 419

agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated in this Section 7.3. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 7.3.9 If reejuired in writing by a party in interest, the Owner as trustee shall, upon occurrence of an insured loss, give bond for proper performance of the Ovmer's duties. The cost of reejuired bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Ovvner shall distribute in accordance •.vith such agreement as the parties in interest may reach, or in accordance with an arbitration mvard in which case the procedure shall be as provided in Article 10. if after such loss no other special agreement is made, replacement of damaged Worl< shall be covered by apfJropriate Change Order.

§ 7 .3.1 0 The Owner as trustee shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing, within five (5) days after occurrence of loss to the Owner's exercise of this power; if such objection be made, the parties shall enter into dispute resolution under procedures provided in Article 10. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

§ 7 .3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Design/ Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall not, without mutual written consent, take any action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of coverage.

§ 1.4 LOSS OF USE OF INSURANCE § 7.4.1 The Owner, at the Owner's OFJtion, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Design/Builder for loss of use of the Ovmer's property, including consequential losses due to fire or other hazards, however caused.

ARTICLE 8 CHANGES IN THE WORK § 8.1 CHANGES § 8.1.1 Changes in the Work may be accomplished after execution of this Part 2 Agreement, without invalidating this Part 2 Agreement, by Change Order, Construction Change Directive, or order for a minor change in the Work, subject to the limitations stated in the Contract Documents.

§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder; a Construction Change Directive may be issued by the Owner without the agreement of the Design/Builder; an order for a minor change in the Work may be issued by the Design/Builder alone.

13

420

§ 8.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Design/Builder shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.

§ 8.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or the Design/ Builder, the applicable unit prices shall be equitably adjusted.

§ 8.2 CHANGE ORDERS § 8.2.1 A Change Order is a written instrument prepared by the Design/Builder and signed by the Owner and the Design/Builder, stating their agreement upon all of the following:

.1

.2

. 3

a change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time .

§ 8.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Contract Documents.

§ 8.3 CONSTRUCTION CHANGE DIRECTIVES § 8.3.1 A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

§ 8.3.2 Except as otherwise agreed by the Owner and the Design/Builder, the adjustment to the Contract Sum shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the Contract Sum, the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be limited to the following:

.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance;

.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 rental costs of machinery and equipment exclusive of hand tools, whether rented from the Design/Builder or others;

.4 costs of premiums for all bonds and insurance permit fees, and sales, use or similar taxes;

14 421

.5 additional costs of supervision and field office personnel directly attributable to the change; and fees paid to the Architect, engineers and other professionals.

§ 8.3.3 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Design/Builder to the Owner for deletion or change which results in a net decrease in the Contract Sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change.

§ 8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. § 8.4 MINOR CHANGES IN THE WORK § 8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and construction consistent with the intent of the Contract Documents when such minor changes do not involve adjustment in the Contract Sum or extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in writing, of minor changes in the Construction Documents and construction.

§ 8.5 CONCEALED CONDITIONS § 8.5.1 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim by either party made within 21 days after the claimant becomes aware of the conditions.

§ 8.6 REGULATORY CHANGES § 8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or revisions of codes, laws or regulations subsequent to the submission of the Design/Builder's Proposal.

ARTICLE 9 CORRECTION OF WORK § 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be defective or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including additional testing and inspections.

§ 9.2 If, within one ( 1) year after the date of Substantial Completion of the Work or, after the date for commencement of warranties established in a written agreement between the Owner and the Design/Builder, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance

15

422

with the requirements of the Contract Documents, the Design/Builder shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Design/ Builder a written acceptance of such condition.

§ 9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one (1) year as described in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work.

§ 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.

§ 9.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/ Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.

ARTICLE 10 DISPUTE RESOLUTION MeDIATION 1\NO ARE!ITRI\TION § 10.1 Claims, disputes or other matters in question between the parties to this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof shall be subject to the following procedure:

the dispute shall first be addressed by a meeting between the owner, Design/Builder, Architect and Owner's Representative.

If the dispute is not remedied, the parties shall submit the dispute to the County Administrator or his assian, who shall make the final decision on the matter.

The resolution of the dispute shall be reduced to writing and attached to this agreement. ana aecided by meaiation or arbitration. fOuch mediation or arbitration shall be conductea in accordance 'Nith the Construction Industry Meaiation or Arbitration Rules of the American Arbitration Association cu;rently in effect.

§ 1Q.2 In addition to and prior to arbitration, the parties shall endeavor to settle aisputes by mediation. Demand for meaiation shall be filed in writing V<ith the other party to this Part 2 Agreement ana with the American Arbitration Association. A aemana for

16 423

mediation shall be made '.'lith in a reasonable time after the olaim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date 'Nhen institution of legal or equitable prooeedings based on such olaim, dispute or other matter in question would be barred by the applioable statutes of repose or limitations.

§ 10.3 Demand for arbitration shall be filed in writing with the other party to this Part 2 /\greement and with the /\merioan Arbitration 1\ssooiation. /\demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on suoh olaim, dispute or other matter in question would be barred by the applioable statutes of repose or limitations.

§ 10.4 /\n arbitration pursuant to this Article may be joined vvith an arbitration involving oommon issues of law or fast between the Design/Builder and any person or entity with whom the Design/Builder has a oontraotual obligation to arbitrate disputes. No other arbitration arising out of or relating to this Part 2 Agreement shall include, by oonsolidation, joinder or in any other manner, an additional person or entity not a party to this Part 2 AgFOement or not a party to an agreement with the DesigntBuilder, exoept by written consent containing a speoific FOference to this Part 2 /\grcement signed by the Owner, the Design/Builder and any other person or entities sought to be joined. Consent to arbitration involving an additional person or entity shall not oonstitute oonsent to arbitration of any olaim, dispute or other matter in question not described in tho written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by tho parties to this Part 2 Agreement shall be specifically enforceable in accordance with applicable lavv in any court having jurisdiction thereof.

§ 10.5 The avvard rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Unless otherwise provided, this Part 2 Agreement shall be governed by the law§. of the State of Florida. Venue for any lawsuit brought by any party arising from this agreement shall be in Indian River Countv. Florida, or in the event of federal jurisdiction. the US District Court for the Southern District of Florida. place wheFO the Project is located.

§ 11.2 SUBCONTRACTS § 11.2.1 The Design/Builder, as soon as practicable after execution of this Part 2 Agreement, shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project.

§ 11.3 WORK BY OWNER OR OWNER'S CONTRACTORS § 11.3.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of insurance and waiver of subrogation identical to the provisions of this Part

17

424

2 Agreement. If the Design/Builder claims that delay or additional cost is involved because of such action by the Owner, the Design/Builder shall assert such claims as provided in Section 11.4.

§ 11.3.2 The Design/Builder shall afford the Owner's separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design/Builder's construction and operations with theirs as required by the Contract Documents.

§ 11.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor.

§ 11.4 CLAIMS FOR DAMAGES § 11.4.1 If either party to this Part 2 Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.

§ 11.5 INDEMNIFICATION § 11.5.1 To the fullest extent permitted by law, the Design/Builder shall indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 11.5.

§ 11.5.2 In claims against any person or entity indemnified under this Section 11.5 by an employee of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, the indemnification obligation under this Section 11.5 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design/Builder under workers' compensation acts, disability benefit acts or other employee benefit acts.

§ 11.6 SUCCESSORS AND ASSIGNS § 11.6.1 The Owner and Design/Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Part 2 Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 2 Agreement. Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other. The Owner

18 425

may assign this Part 2 Agreement to any institutional lender providing construction financing, and the Design/Builder agrees to execute all consents reasonably required to facilitate such an assignment. If either party makes such an assignment, that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement, unless otheriNise agreed by the other party.

§ 11.7 TERMINATION OF PROFESSIONAL DESIGN SERVICES § 11.7 .1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement, the Design/Builder shall identify to the Owner in writing another architect or other design professional with respect to whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated. ·

§ 11.8 EXTENT OF AGREEMENT § 11.8.1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/Builder and supersedes prior negotiations, representations or agreements, either written or oral. This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder.

ARTICLE 12 TERMINATION OF THE AGREEMENT § 12.1 TERMINATION BY THE OWNER § 12.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

§ 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults, failure or neglect within seven (7) days after being given notice, the Owner may then give a second written notice and, after an additional seven (7) days, the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder and take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.

§ 12.2 TERMINATION BY THE DESIGN/BUILDER § 12.2.1 If the Owner fails to make payment when due in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq., the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. within seven (7) days after receipt of such notice by the Ovmer, the

19

426

Design/Builder may give a second written notice and, seven (7) days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below.

§ 13.1 COMPENSATION § 13.1.1 For the Design/Builder's performance of the Work, as described in Section 3.2 and including any other services listed in Article 14 as part of Basic Services, the Owner shall pay the Design/Builder in current funds the Contract Sum as follows:

tC9oa'ranfee·~-:m"axliTium·pwceof$2f14 7 ;6aa:oo··rr;crasiveofa¥ixeCI fee··a:m&t.iiltof-"--' !l>J_~o;2I1·9P~t1~r!A:ftc:i~bmer1t:·rs:.::t·:·~ ·:::: ·7_._,,,--·-•-•·-·••-·•·-·u:: :tifss:·&.·;·~g Li :,z::Lu• ;•:c:. \.:.~feLL,_ ··.;· r, § 13.1.2 For Additional Services, as described in Section 3.3 and including any other services listed in Article 14 as Additional Services, compensation shall be as follows:

:B.~f.JiQ~JrY=E~J~::~ft~_q_R~:~.- IQ.·.~m~-~t~r-=ag~r~~me-nt~-- -~_:::·~~T;I~~E;-~~~~-'-_:::::J-~-~~;1

~~~:~-~-r: '\~:::;~s:~I=~~~::?~:-~:-~~2::::.·:",.;~-- :·:·.;·. ~-

§ 13.2 REIMBURSABLE EXPENSES § 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services, and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project, as follows:

~AIITmli8'9f~il~::i)lEI:6filn9JEies':·:"'·~::··::,~· r·=~~:: ·~·~~-:·=~:Ir::z:r:rr;~:;;:::::: ·:::'T:T:IE~n:s::·}:;:r:::·~::I;

§ 13.2.2 f'OR REIMBURSABLE EXPENSES, compensation shall be a multiple of:. ··_ ( ) times the amounts expended.

§ 13.31NTEREST PAYMENT § 13.3.1 The rate of interest for past due payments shall be in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq.as follows:

:Q.o~lie.r~~rct~oQ%Tmoi!ffily";T:1':2''2:' T='·'.T._,_"'" ....•...•. "''""""·'·"'"'' .. ~.c.. ··~--·-·-·-····:. _,.,_. " ............ ., __ .•• __ •. _ "'

(Us&Fj' laws aRd req&iremeRis &Rr::kr the Federal TF&th iR LeRd'Rg Act, similar state aRd local coRs&mor credit laws aRd other reg&.'atioRs at the OwRor's aRd Design/ B&i.lr::kr's principal p.'aces of btJsiness, at the location of tho Project and ofso•Nhero may affect tho >'Dlldity of this provisioR. Specific iegal advioo sho&!d be obtained •:lith respect to r::k!ellon, modificatioR or other req&iromoRts, s&ch as written disclosures or l','flivers)

ARTICLE 14 OTHER CONDITIONS AND SERVICES § 14.1 The Basic Services to be performed shall be commenced on UponnoHceto p]Q'~~1l~:~ and, subject to authorized adjustments and to delays not caused by the Design/Builder, Substantia! Completion sha!! be achieved in the Contract Time of 10 JTIQnt11iii ( L~QQ] ) calendar days.

20 427

§ 14.2 The Basic Services beyond those described in Article 3 are as follows:

None § 14.3 Additional Services beyond those described in Article 3 are as follows:

§ 14.4 The Design/Builder shall submit an Application for Payment on the ~25th" day of each month.

§ 14.5 The Design/Builder's Proposal includes the following documents: (List the documents by specific title and date; include any required performance and payment bonds.)

Date Jl.ily1a;zo68C:,1j: ;:;· July16,'200?\U.: •.•.. ·.

This Agreement entered into as of the day and year first written above.

OWNER: BOARD OF COUNTY COMMISSIONERS


(Signature) san·ar:a Bowden~ chaln1lan· ···· (Printed name and title)

APPROVED

Counl·y Administrator

APPROVED AS TO FORM

ANm<jAL,SUF'4U

BY~~;£ WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

21

DESIGN/BUILDER: BARTH CONSTRUCTION, INC.

(S;gnatrej' Phil saiih, President············ ···· ·· (Printed name and title)

Attest: J.K. Barton, Clerk

By:------------~--~~7 Deputy Clerk

428

July 16, 2008

John King Indian River County Emergency Services 4225 43 rd Avenue Vero Beach, Florida, 32960

Re: Station# 9

Mr. King,

ATTACHMENT "A"

We are pleased to present to you an updated Part II proposal for Fire Station# 9. A summary of the updated project costs follows;

Architectural & Engineering Fees Architectural Fees- Part II Civil Engineering - Part II

Construction & General Conditions Overhead & Profit Contingency Payment & Performance Bond (100%)

$ 48,691.00 $ 8,500.00

$ !,844,916.00 $ 190,211.00 $ 40,000.00 $ 15,362.00

Total Part II Design & Construction Costs 2,147,680.00

Project Management will be billed as a cost of the job at a rate on $100.00/hour including Burdens & Benefits Project Supervision will be billed as a cost ofthe job at a rate of $75 .00/hour including Burdens & Benefits

ason Fykes Barth Construction, Inc.

22 429

ATTACHMENT "B"

Station #9

Plan Sheets

Sheet# Title Date Cover Sheet 2/26/08 ABB Abbreviations/General Notes 2/05/08 ACC Accessibility Details 2/05/08 A-1 Proposed Site Plan 2/26/08 A-2 1/8" Building Plan 2/26/08 A-3 1/." Partial Floor Plan 2/26/08 A-4 '!.'' Partial Floor Plan 2/26/08 A-5 Elevations 2/26/08 A-6 Elevations 2/26/08 A-7 Roof Plan 2/26/08 A-8 Reflected Ceiling Plan 2/26/08 A-9 Sections and Details 2/26/08 A-10 Sections and Details 2/26/08 A-ll Schedules 2/26/08 A-12 Interior Elevations and Details 2/26/08 A-13 Details 2/26/08 A-14 Details 2/26/08 A-15 Details 2/26/08 I-1 Interiors Plan 2/26/08 S-1 Foundation Plan and Details 2/26/08 S-2 Roof Framing Plan, Details and Schedules 2/26/08 S-3 Structural Notes and Details 2/26/08 M-1 Floor Plan - HV AC 2/05/08 M-2 Mechanical Equipment Schedule and Details 2/05/08 M-3 Kitchen Hood Schedule and Details 2/05/08 E-1 Electrical Symbol Legend, Schedule and Notes 2/05/08 E-2 Electrical Site Plan- Lighting 2/05/08 E-2A Electrical Site Plan- Site Lighting Photometric 2/05/08 E-3 Electrical Floor Plan - Lighting 2/05/08 E-4 Electrical Floor Pian- Power and Systems 2/05/08 E-5 Panel Schedule, Load Calculation, Details 2/05/08 E-6 Electrical One Line and Rise Diagram 2/05/08 P-1 Floor Plan- Plumbing 2/05/08 P-2 Sanitary and Domestic Water Riser Diagrams 2/05/08 P-4 Schedules and Details - Plumbing 2/05/08

23

430

Sheet# C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 ENV 1

1101 1102

Title Index, Aerial Map and Location Map Site Plan Paving, Grading and Drainage Plan Utility Plan SWPPPPlan SWPPP Details · ··· · Paving, Grading and Drainage Sections & Details Water Details & Specifications Sewer Details & Specifications Wetlands Mitigation Plan

Landscape Plan Landscape Details

PROJECT SPECIFICATIONS

Date 01108 6/03/08 6/03/08 6/03/08 6/03/08 2/29/08 6/03/08 6/03/08 6/03/08 6/03/08

4/29/08

Project Manual/Tech;lical Specifications manual dated October 13,2005

24

431

Date:

To:

Thru:

From:

Subject:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

August 05, 2008

Joseph A. Baird, County Ad~~to.J? ~ W. Erik Olson, Director of Utility S~s Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal DistricMN\.

Disposal Protocol for Contaminated Soils and Permission to Advertise for Public Hearing on September 09, 2008, to amend SWDD Rate Resolution

BACKGROUND:

The Solid Waste Disposal District (SWDD) Class I landfill is permitted to accept Municipal Solid Waste (MSW), sludge, contanunated Construction and Demolition Debris, contaminated soils, animal wastes, and asbestos.

Hazardous wastes are not permitted for disposal in the Class I landfill. Prior to accepting delivery for contaminated soils, the generator is required to provide the Toxicity Characteristic Leaching Procedure (TCLP) laboratory analysis to demonstrate that the material is not a hazardous waste. The TCLP analysis simulates landfill conditions. Over time, water and other liquids percolate through landfills. The percolating liquid often reacts with the solid waste in the landfill, and may pose public and environmental health risks because of the contaminants it absorbs. The TCLP analysis determines which of the 40 contaminants identified by the United States Environmental Protection Agency (EPA) are present in the leachate and their concentrations. If a "Solid Waste" fails the test for one or more of these compounds, the waste is considered to be a characteristic hazardous waste and is not acceptable for disposal in the Class I landfill.

The SWDD has established rates and fees for items disposed in the Class J, .Jandfill by SWDD Resolution following a duly advertised Public Hearing as required by County Ordinance. Currently, contaminated soils that pass the TCLP test are charged a fee of $55.00 per ton for disposal. Since the landfill property is a commercial I industrial site, there is a possibility that these contaminated soils may be used as an Alternative Initial Cover Material (AICM) thereby saving SWDD costs on the purchase of cover material and the ability to provide a reduced disposal fee to the residents of Indian River County.

ANALYSIS:

As part of a recent County project, Staff requested Geosyntec to submit the attached technical memorandum on the use of Arsenic impacted soils as an AICM, to review the associated regulatory requirements, and to propose an adjusted disposal fee. Per Geosyntec's analysis, arsenic impacted soils excavated from the cattle dip vat project can be used as AICM at the Class I landfill provided that the material is applied as cover material to the interior slopes to minimize potential runoff to the surface water system. Geosyntec confirmed this approach with the Florida Department of Environmental Protection. In addition, Geosyntec recommends that, because the beneficial use of the contaminated soils as cover material would reduce the costs to SWDD, the disposal fee by reduced to $5.00 per ton. Geosyntec recommends that SWDD apply this approach to other development projects within Indian River County that produce excavated soils that that pass the TCLP tests and are below the commercial I industrial cleanup target levels.

SWDD Agenda - Disposal Protocol for Con~amin:oted Soils (2).dco- Revised.doc Page-l- 432

Staff concurs with the Geosyntec's analysis and recommends the following disposal protocol for contaminated soils delivered to the Class I landfill:

I) The generator must provide TCLP test analysis prior to delivery to demonstrate that the material is not a hazardous waste.

2) The generator must provide soil analytical results, a summary of the average concentrations of the soils and demonstrate that these concentrations are below the FDEP commercial I industrial cleanup target levels.

3) If the above two requirements are met, the material will be considered an AICM and the generator will be charged a rate of$5.00 per ton.

4) If the material passes the TCLP test; however, exceeds the FDEP commercial I industrial cleanup target levels, then the material will not be of beneficial use to SWDD and the generator will be charged a rate of$55.00 per ton.

5) The SWDD Managing Director will review the submitted information and make a determination on a case by case basis.

The setting of a new rate is accomplished by amending Attachment 2 of SWDD Rate Resolution (originally adopted June 20, 1995, {No. 95-01} as amended January 06, 2004, by Resolution 2004-01), after a duly advertised Public Hearing.

RECOMMENDATION:

Staff recommends that the SWDD Board:

I) Authorize the Disposal Protocol for Contaminated Soils delivered to the Class I landfill to allow for a rate of $5.00 per ton to be set after required Public Hearing for materials that pass the Toxicity Characteristic Leaching Procedure and the materials that demonstrate that their concentrations are below the FDEP commercial I industrial cleanup target levels whereby the material may of beneficial use by SWDD for use as a Alternative Initial Cover Material.

2) Authorize staff to advertise for a Public Hearing to be held on September 09, 2008, to amend the SWDD Rate Resolution to add a new category.

ATTACHMENT:

Attachment I : Technical Memorandum - Geosyntec

APPROVED FOR AGENDA: Indian River Co.

Administration

SWDD Director

Budget

Legal

For: ·Date

SWDD Agenda - Disposal Protocol for Contaminated Soils (2).doc- Revised.doc Page-2-

(4Pages)

433

ATTACHMENT 1

Geosyntec t> 14055 Riveredge Drive, Suite 300

Tampa, Florida 33637 PH 813.558.0990

FAX 813.558.9726 consultants

,Date:

To:

From:

Through:

Subject:

Purpose

TECHNICAL MEMORANDUM

4 June 2008

Himanshu R Mehta, P,K Indian River County Solid Waste Disposal District

Sangho "Jay" Eun and Kwasi Badu-Tweneboah, Ph,D,, P,E. Geosyntec Con:mltants

Jim Langenbach, P,K Geosyntec Consultants

Use of Arsenic-Impacted Soils as Alternate Initial Cover Material Indian River County Class I Landfill Indian River County, Florida

www.geosvntec.com

The purpose of this memorandum is to propose the use of arsenic-impacted soils that will be excavated from a property recently purchased by Indian River County (IRC) as an alternative initial cover material (AICM) for the IRC Class I Landfill in Vero Beach, Florida. In addition, IRC proposes an adjustment of the disposal fee schedule at the IRC Class I landfill for the arsenic-impacted soils based on: (i) results of a preliminary site (soil) assessment; (ii) the re-use potential of these soils as an AICM; and (iii) no special handling requirements for these soils.

The property recently purchased by IRC is located at 9255 93'd Street on County Road 510 in Indian River County, Florida. Historically, a cattle dipping vat operated on the property which resulted in arsenic impacts to surrounding soils. From the 1910's through the 1950's, cattle dipping vats were constructed to dip cattle, horses, mules, goats, and other animals susceptible to infestation of the cattle tick, which was responsible for tick fever. The cattle dipping vats were filled with an arsenic solution and susceptible animals were dipped every 14 days, as required by Florida law.

engmeers I scientists I innovators

434

Use of Arsenic Impacted Soil as Alternate Initial Cover Materials 4 June2008 Page2

Material Characterization

Geosyntec Consultants (Geosyntec) completed a preliminary assessment at the former cattle dipping vat site and found that arsenic was present in the soils. The analytical results for arsenic performed as part of the preliminary site assessment, are summarized in Attachment 1. The average arsenic concentration detected in the site soils was 11.02 milligram per kilogram (mg/kg), which exceeds Florida Department of Environmental Protection's (FDEP's) residential soil cleanup target level (RSCTL) of 2.1 mg/kg, but the concentration is below FDEP's commercial/industrial soil cleanup target level (CSCTL) of 12 mg/kg.

In addition to soil sampling, Geosyntec performed leachability testing on the arsenic impacted soils. TCLP testing revealed that chromium, selenium, silver, cadmium, and mercury were all below their method detection limits. Arsenic, barium, and lead were reported at concentrations of0.074, 0.030, and 0.013 milligrams per liter (mg/L) respectively. Since the concentrations of detected metals are below their maximum concentration for the toxicity characteristic (arsenic = 5. mg/L; barium= 100 mg/L; lead= 5.0 mg/L), the excavated soil does not represent a leaching concern.

Recommended Use as AICM

In accordance with Rule 62-701.200(59), Florida Administrative Code (F.A.C.), "initial cover" is generally considered to be a 6-inch thick layer of compacted soil used to cover an area of solid waste at the end of the day's operations and before placement of additional waste, intermediate cover or final cover on the next day's operations. Other alternate materials, approved by FDEP, that minimize disease vector breeding, animal attraction, moisture infiltration, minimize fire potential, prevents blowing litter, controls odors, and improve landfill appearance can be used as initial cover. The proposed arsenic-impacted soils comply with Rule 62-701.200 (59), F.A.C.

In addition, FDEP wants an assurance that runoff generated from the use of the AICM will not impact the landfill's surface water system. To address the FDEP's concern on the surface water system impact, the arsenic-impacted soils can be applied in a manner similar to that of combustor ash residue. The arsenic impacted soil will be applied to interior slopes to minimize the potential impact to surface water runoff into the facility's storm water management system. Ash residue is also approved for use as a daily cover provided that it is not used on outside slopes.

Technical Memo-kbt_.doc

engineers I scientists innovators

435

Use of Arsenic Impacted Soil as Alternate Initial Cover Materials 4 June 2008 Page 3

Geosyntec has discussed this approach with Mr. F. Tom Lubozynski, P.E., Program Administrator, Waste Management, of FDEP Central District via a telephone call from Dr. Kwasi Badu-Tweneboah on 2nd June 2008. Mr. Lubozynski agreed with this approach.

Suggested Disposal Fee

The IRC Class I Landfill currently charges a disposal fee of $31.80 per ton for Class I waste (MSW) or commercial waste generated within IRC. Since the arsenic impacted soils will not require any special handling and has been verbally approved by FDEP for use as an AICM, as discussed above, Geosyntec recommends that the disposal fee be reduced to $5.00 per ton. This proposal will reduce cover soil costs for SWDD; daily cover soil is typically provided through Waste Management, the landfill operator, under the current contractual agreement with SWDD. The arsenic-impacted soils from the above project and other future projects, as recommended below, will serve as an initial cover material resource for the IRC Class I Landfill.

Summary

The arsenic impacted soils from the excavation project at the cattle dip project can be used as AICM at the IRC Class I Landfill provided that the material is applied as cover material to the interior slopes to minimize potential runoff to the surface water system. Additionally, because of the beneficial use of the arsenic impacted soils, it is suggested that the disposal fee be reduced to $5.00 per ton, which is lower than the current rate charged for other Class I solid waste disposed at the IRC Class I landfill.

It is also recommended that this approach be applied to other development projects within the Indian River County that produces excavated soils that are below the commercial/industrial cleanup target levels but can be used as AICM at the IRC Class I Landfill. Such determination should be made by the Managing Director ofiRC SWDD on a case by case basis.

Attachment 1

* * * * *

Technical Memo-kbt~.doc

engineers 1 scientists innovators 436

.,J:::.. w -..J

Samples

Deprh (ft BLS)

Oto0.5

0.5 to 2

5

5.5 to 6.0

SB-1

7.4

8.3

26.6

Category Area {ft2) Depth {ft) FDEP Cleanup Target Levels for Arsenic

Tier 1 Excavation Area 252 0 to 0.5 SCTL Industrial (mg/kg) 12 Tier 2 Excavation Area 2507 0 to 7 SCTL Residential (mg/kg) 2.1 Tier 3 Excavation Area 750 7 to 11

Tier 1 Excavation Area

Samples SB-12 I SB-18 I SB-13 I SB-14 I Average

Depth (ft BLS) Arsenic (mg/kg)

0 to 0.5 1.4 I 1.9 I 2.5 I 1.5 I 1.8

Area 252

SB-2 SB-3

8.8 4.7

17.1 5.7

31.3 3.8

_1 SB-4 I SB-5 I

13.1 17.6

24.7 18.6

28

Depth

Volume

SB-6

10.7

15.3

0.5 Average= l.8mglkgArsenicinl26fil

126


I SB-7 I SB-8 I SB-9 I SB-10 I SB-11 I SB-12 I SB-13 I SB-14

Arsenic {mglkg)

7.5 7 11.4 6.9 1.4 2.5 1.5

8.4 9.5 12.4 1.6" 1.8 1.3

0.26*

1.9 2 1.7

SB-15 I SB-16 I SB-17 I Average

1.1 1.4 1.3 6.52

1.3 1.5 1.7 8.61

0.26

3 2.3 2 10.26

This value was not used in determining average soil concentrations

Area 2507

Depth-! 0.5 Volume-1 1253.5 Avg-l= 6.52 mglkg Arsenic in 1253.5 ft' Depth-2 1.5 Volume-2 3760.5 Avg-2= 8.61 mg/kg Arsenic in 1253.5 ff Depth-3 5 Volume-3 12535 Avg-3= 10.26 mg/k.g Arsenic in 1253.5 re

Total Depth 7


Samples SB-1 SB-3 I SB-4 I SB-5 I SB-6 I SB-7 I SB-8 I SB-9 I SB-10 I SB-11 I Average

Depth (ft BLS) Arsenic (mg/kg)

5.5 to 6.0 26.6 1 3.8 I 28 I I I I I I I I 19.47

Area 750

Depth 4 Average= 19.47 mg/k.g Arsenic in 300 re Volume 3000

Total Site Volume 20675 ft3

Weighted Average 227800.7 mg/k.g Arsenic* ft3

II Avg Soi!ArseniC Level u:oz mglkg.Arsei>ic (below. the JridustriaJ/CommercialSCTJ)ofJ2mg/kg)ll

Date:

To:

Thru:

From:

Subject:

INDIAN RIVER COUNTY


BOARD MEMORANDUM

August 05, 2008

Joseph A. Baird, County Administrator ~ -~ W. Erik Olson, Director of Utility Services

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District{+ ffi . Fuel Tank Relocation from Former DOT Facility to Landfill- Work Order No. 15 to Geosyntec Consultants

BACKGROUND:

The Solid Waste Disposal District (SWDD) currently utilizes an 8,000 gallon above ground steel diesel storage tank at the IRC Landfill. The Florida Department of Environmental Protection has expressed concerns with the integrity of this tank and has recommended that we consider a replacement.

The former DOT facility on 41'' Street (Gifford Road) utilized a 12,000 double-walled above ground storage tank (AST). The DOT no longer utilizes the facility has and having no plans to remove the fuel tank has turned over the rights to j:he County •

Staff has determined that it would be more cost effective to relocate the existing fuel tank from the former DOT facility to the landfill in lieu of purchasing a new fuel tank. The project requires engineering services for the proper closure of the fuel tank at the former DOT facility and at the landfill, the associated sampling and relocation plan, the fueling system design and construction. In addition, Staff recommends that an environmental Phase I assessment be performed to ensure that the former DOT facility and the associated parcel due south have no future environmental liabilities and that these parcels provide a future beneficial value to the County. The IRC planning department has identified that an immediate potential use for the property for the construction of a Council on Aging facility.

ANALYSIS:

Staff requested Geosyntec Consultants ( Geosyntec) to submit a proposal to provide turnkey engineering services for the relocation of the fuel tank from the former DOT facility to the landfill, including an environmental Phase I assessment and a National Environmental Policy Act (NEPA) Categorical Exclusion Detenninations to assist in obtaining of grants for the Council on Aging Facility.

Geosyntec has prepared Work Order No. 15, provided in Attachment I, for engineering services detailing the scope of work, budget, and schedule for each of the seven phases of the project. The fees to be paid by SWDD for the execution of this work order are in accordance with the engineer's continuing consulting services master agreement. The seven phases and their estimated fees are listed below.

SWDD Agenda- Fuel Tauk Relocation from Former DOT Faciltiy to Landfill- Work Order No 15- Geosyntec (2).doc

Pag~-!- 438

PHASE DESCRIPTION $AMOUNT

Phase 1: IRC Landfill AST System Design $6,990.00

Phase 2: Gifford Road AST Sampling Relocation $17,784.00

Phase 3: IRC Landfill AST Construction and Installation $69,348.00

Phase 4: IRC Landfill Existing AST Closure $10,165.00

Phase 5: IRC Landfill AST Closure Report $2,057.00

Phase 6: 5 to 10 Acre Parcel Phase I ESA $4,895.00

Phase 7: NEPA Categorical Exclusion Evaluation $5,476.00

Construction Contingency $15,760.00

TOTAL= $132,474.00

Geosyntec has included a construction contingency in the budget; however this will not be implemented or invoiced without specific approval from SWDD. The overall project is based on a fast-track schedule of completion of 4 months. Also, this is a turnkey project in which the external construction cost of $100,560 is included _in the budget. Therefore, staff considers the proposed consultant budget competitive in relation to the scope of work, schedule, and project construction costs and recommends its approval.

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve Work Order No. 15 with Geosyntec in the amount of $132,474.00 to provide engineering services for the relocation of the fuel tank from the former DOT facility to the IRC Landfill.

b) Authorize the Chairman to execute the same, as presented.

ACCOUNT INFORMATION:

Description Account No. Amount($)

Other Improvement Except Bldgs - .411-166002: $132,474.00 .

ATTACHMENT:

Attachment I : Work Order No. 15 - Geosyntec (33 Pages)

APPROVED FOR AGENDA: Indian River Co. Approved Date

Administration

SWDD Director

Budget

For: 'l- /;2- ffl Legal

Date

SWDD Agenda- Fuel Tank Relocation from Former DOT Faciltiy to Landfill- Work Order No 15- Geosyntec (2).doc

Page-2- 439

ATTACHMENT 1 Geosyntec t>

consultants

Himanshu Mehta, P.E. Managing Director Indian River County- Solid Waste Disposal District 1325 74th Avenue SW, Vero Beach, FL 32968

6770 South Washington Avenue, Suite 3 Titusville, Florida 32780

PH 321.269.5880 FAX 321.269.5813

www .geosyntec.com

7 May2008

Subject: Proposal for AST Closures, Sampling, Relocation, Fueling System Design and Construction, Phase I ESA Due Diligence, and Completion of a NEP A Categorical Exclusion Package, Work Order #15 V ero Beach, Florida

Dear Mr. Mehta: Please find attached Geosyntec Consultant's Work Order and associated attachments (proposal, cost summary, and schedule) for professional services associated with (i) the closure of the existing aboveground storage tank (AST) at the landfill in accordance with the requirements of Chapter 62-761, FAC, (ii) the design and construction of a concrete slab for placement of a double-walled 12,000-gallon AST and high-speed fuel dispensers and card reading system at the landfill, (iii) environmental media sampling and removal of the existing double-walled AST from the Gifford Road location and placement/connection on the new concrete pad at the landfill, and (iv) performance of a Phase I Environmental Site Assessment (ESA) on the parcel located west of the Gifford Convenience Center which will be utilized by the Council on Aging, and (v) completion of a National Environmental Policy Act (NEPA) Categorical Exclusion Package in accordance with 23 CFR Part 771.117. Should you have any questions please do not hesitate to contact me.

XR08051 RICCR08045R.DOC

"/;': \ \ \ . \

• -.~.; _!,-, l /i \, ...... />' /

·'/'

engineers scientists innovators_;_:/

Sincerely,

Jim Langenbach, P.E. Associate

440

WORK ORDER NUMBER~

This Work Order Number 15 is entered into as of this __ day of _____ _ 200_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August IU, 2004 and amended effective July 24, 2007 (as so amended, the "Agreement''), by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("District") and Geosyntec, Inc., a Florida corporation ("Consultant").

The District has selected the Consultant to perform the professional services set forth on Exhibit I, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2 and within ·the timeframe more particularly set forth in Exhibit 3, 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.


GEOSYNTEC, INC.

By: ____ -=------

C[hu 6ZJ Vice President/Principal


engineers scientists I innovators

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By _____________ -=~-----Chairman

Attest: J.K. Barton, Clerk ofComt

By ____________ ___

Deputy Clerk

Approved:


arian E. Fell, (Assistant County Attorney 5\.

441

XR0805l RICCR08045R.DOC

EXHIBIT 1

PROPOSAL

eng:meers I scientists I innovators

442

Geosyntec l> consultants

Himanshu Mehta, P.E. Managing Director Indian River County- Solid Waste Disposal District 1325 74th Avenue SW, Vero Beach, FL 32968

6770 South WashiD.gton Avenue, Suite 3 Titusville, Florida 32780

PH 321.269.5880 FAX 321.269.5813

www .geosyntec.com

7 May2008

Subject: Proposal for AST Closures, Sampling, Relocation, Fueling System Design and Construction, Phase I ESA Due Diligence, and Completion of a NEP A Categorical Exclusion Package, Work Order #15 V ero Beach, Florida

Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this fee proposal to Indian River County (IRC) Solid Waste Disposal District (SWDD) for professional services associated with the closure and relocation of two aboveground storage tanks (ASTs), the design and construction of a fueling area at the landfill, AST closure sampling and documentation, and the preparation of a Phase I ESA and National Environmental Policy Act (NEPA) Categorical Exclusion Package for an approximate 5 to 1 0 acre parcel west of the Gifford Convenience Center. This fee proposal has been prepared in accordance with the negotiated contract between Geosyntec and IRC SWDD.

PROJECT UNDERSTANDING

Geosyntec personnel and our subcontractors, PR&D, HCC Environmental Services, and FECC met with IRC staff in 2007 and again in March 2008 to develop a project scope of work associated with the petroleum-related work tasks. Based upon discussions with IRC staff the project scope consists of: (i) the preparation of design drawings for the proposed AST relocation area to be constructed at the landfill; (ii) the construction of the fueling area (grading and concrete pad) and high-speed fuel dispensers (two) with card-reading system at the landfill; (iii) the removal and relocation of the approximately 12,000-gallon double-walled AST located on IRC property along Gifford Road and placement on the constructed concrete pad at the landfill; (iv) removal of the concrete pad and bumper posts and re-grading the site where the 12,000-gallon AST was removed; (v) closure of the existing approximately 8,000-gallon steel AST located at the landfill, including the performance of required soil borings, soil sampling, and the installation and sampling of a temporary monitoring well; (vi) the preparation of an AST closure


engmeers scientists innovators 443

Himanshu Mehta, P .E. 7 May2008 Page2

Geosyntec e> consultants

report for the 8,000-gallon AST located at the landfill, (vii) preparation of a Phase I ESA for the parcel located west of the Gifford Convenience Center, and (viii) completion of a NEP A Categorical Exclusion Package in accordance with 23 CFR Part 771.117.

Please be advised that since the 8,000-gallon AST along Gifford Road is double-walled, pursuant to Rule 62-761.800(4)(b), Florida Administrative Code (F.A.C.), a formal closure assessment will not be required for this location; however, IRC has requested limited soil and groundwater sampling to document that the AST located on the parcel has not negatively impacted site soil and/or groundwater.

We have developed a task-based approach to accomplish this work in an organized and costeffective manner. Additionally, Geosyntec met with petroleum subcontractors, PR&D, HCC, and FECC to obta.in cost estimates for the work to be performed by a licensed pollutant storage tank contractor. HCC provided the lowest total bid at $57,295 (with an estimated additional $1,500 for bollards), PR&D total bid was $100,703, and FECC did not submit an estimate for the work. HCC was selected to provide subcontractor services on the referenced project. The remainder of this letter provides a description of the proposed scope of work. A budget estimate to accomplish the work described herein is provided in Exhibit 2.

SCOPE OF WORK

Task 1 -Landfill AST Fueling Area Design

Task I includes costs associated with the preparation of a set of design drawings for the proposed fueling area at the IRC landfill. It is anticipated that three drawing sheets will be prepared, including a plan drawing which shows the proposed grading and dimensions of a concrete pad

· with tum around area, ramp, callouts for curb details (if warranted), cross-sections location, control points, etc. and two sheets with cross-sections, coordinate table for control points, and details such as curb, area inlets, best management practices, etc. Geosyntec will provide draft copies of the drawing set for IRC SWDD review prior to finalizing the drawings and initiating any construction activities.

Task 2 Gifford Road Soil and Groundwater Sampling, AST Removal and Relocation

Task 2 includes costs associated with the relocation of the approximately 12,000-gallon doublewalled AST to the IRC landfill. Prior to AST closure, Geosyntec personnel will mobilize to the site and perform four soil borings around the AST. Continuous soil samples will be collected from land surface to the water table and screening with a flame ionization detector (FID). Based

XR0805l RJCCR08045 R.DOC

engineers I scientists I innovators 444

Himanshu Mehta, P.E. 7 May2008 Page 3

Geosyntec C> consultants

upon the FID responses, one representative soil sample (location with highest FID response or location immediately adjacent to dispenser) will be submitted to a fixed base analytical laboratory. The collected soil sample will be analyzed for BTEX/MTBE by EPA Method 8260, PARs by EPA Method 8310, and TRPH by FL-PRO. In addition to the soil samples, Geosyntec will provide oversight and sampling of a temporary monitoring well installed using a direct-push technology (DPT) drill rig. Collect groundwater samples from the temporary monitoring well will be laboratory analyzed for BTEX/MTBE by EPA Method 8260, P AHs by EPA Method 8310, total lead by EPA 6020 or equivalent, and TRPH by FL-PRO.

Geosyntec will provide oversight and coordination with our proposed subcontractor, HCC. The AST will be unbolted from its concrete pad, rigged for loading, and loaded onto a transport vehicle with a crane. The AST will then be transported to the IRC landfill and offloaded with a crane. Upon removal of the AST, the existing concrete pad (dimensions of approximately 40ft by 10 ft by 12-inches thick) will be broken up, bumper posts removed, and the debris will be transported to the IRC landfill for disposal. The area where the concrete was removed will be backfilled, as warranted, and re-graded to promote drainage.

Task Assumptions:

• No costs are included for the disposal of the concrete material or bumper posts at the IRC landfill; it is assumed that any tipping fees associated with the concrete/debris disposal will be handled internally by IRC SWDD.

• The double-walled AST meets the closure exemption requirements of Chapter 62-761.800(4)(b), F.A.C. Collected soil and groundwater samples are being collected as a component of due diligence activities associated with the parcel.

• The AST is assumed to be empty, additional budget may be required if a vacuum truck is required to empty the AST contents.

• No costs are provided for any testing/certification of the integrity of the AST.

• No costs are included for paving the area where the AST is removed.

Task 3- IRC Landfill Fueling Area Construction and AST Installation

Task 3 includes costs associated with the construction of the fueling area by PR&D, Geosyntec inspections, the placement of the AST, and the installation of a high-speed fuel dispenser (two dispensers) with a card reader system, card encoder, modem and provision of 100 cards to IRC SWDD. Prior to construction activities, HCC will obtain construction permits from IRC. For

XR0805! RICCR08045R.DOC


Himanshu Mehta, P.E. 7 May2008 Page4

Geosyntec !> consultants

costing purposes, HCC has assumed that the fueling area will be constructed as a 48-ft long by 10-ft wide by 12-in. thick concrete, rebar reinforced pad (No. 5 rebar 12" on center each way), with minimal grading and/or backfilling in the construction area. Once the concrete has set (minimum of7 days), the double-walled AST will be set on the concrete pad and-bolted in place. Yell ow painted bumper posts will be installed around the concrete pad, as warranted, and the fuel dispenser and card reading system will be installed. HCC has also recommended the installation of a 6 ft by 8 ft handy house/storage shed to house the card reader and supplies which has been included in this proposal. The shed would be placed on a 4-inch thick concrete pad.

Task Assumptions:

• No costs are included for the provision of electrical service to the concrete slab.

• Dimensions of concrete pour will not exceed 10-ft by 48-ft by 12-in. thick.

• No costs are included for the preparation, design, or permitting related to any potential storm water requirements based upon the construction of impervious surface areas.

• No costs are included for the construction of any paving/curbing, access roadway construction etc. Costs for this element of the project can be secured from subcontractors, if warranted, upon completion of the fueling area design sheet drawings.

Task 4- IRC Landfill Existing AST Closure

Task 4 includes costs associated with the closure, in accordance with the requirements of Chapter 62-761, FAC, of the existing approximately 8,000-gallon steel AST located at the landfill. HCC will mobilize to the site, disconnect all piping from the AST, plug openings and install dry ice. The AST will then be lifted from the concrete support structures with a crane and set upon the ground. The AST will be opened, cleaned, and any sludge within the AST drummed for proper disposal. The AST will be transported to the appropriate location at the landfill for disposal. Pursuant to the requirements of Chapter 62-761, FAC, Geosyntec personnel will perform five hand auger soil borings to the groundwater table and perform OVA meter screening of the vadose zone soils. Up to two soil samples will be collected for laboratory analyses for volatile organic aromatics (VOAs) by EPA Method 8021, polynuclear aromatic hydrocarbons (PAHs) by EPA Metliod 8310, and total recoverable petroleum hydrocarbons (TRPH) by FL-PRO. One temporary monitoring well will be installed, and groundwater samples will be collected from the monitoring well for VOAs, P AHs, and TRPH by the methods previously indicated. Budget is included for the sampling and analysis of the drum of sludge (VOAs, TCLP, RCRA Metals, and TRPH) and assisting IRC SWDD with the disposal oflRC SWDD's AST sludge.



Himanshu Mehta, P .E. 7 May2008 Page 5

Task Assumptions:

Geosyntec t> consultants

• Costs are included for the disposal of one drum of IRC SWDD's non-hazardous petroleum sludge, additional budget will be required if the material requires disposal as hazardous waste. IRC SWDD will be required to execute waste disposal manifests.

• No costs are included for any tipping fees associated with the AST disposal.

• No costs are included for the removal/demolition of the concrete secondary containment system and/or concrete tank support pedestals. Based upon discussions with IRC personnel, it was decided that these structures would be left in place.

• The AST is assumed to be empty, additional budget may be required if a vacuum truck is required to remove fuel from the AST.

Task 5- Landfill AST Closure Report

A Tank System Closure Assessment Report will be prepared in accordance with the requirements of Chapter 62-761, FAC to document the closure of the 10,000 gallon steel AST. The draft report will be provided to IRC personnel for review and approval. Upon IRC approval, up to six copies of the final Tank Closure Assessment Report will be signed/sealed by the Florida licensed Professional Engineer in responsible charge of the project. The Report will be submitted toiRC SWDD, IRC Department of Health, and Brevard County Natural Resources Protection Division (administers petroleum storage tank systems in IRC).

Task 6- Phase I ESA for 5 to 10 Acre Parcel West of Gifford Convenience Center

We understand that IRC is interested in performing a Phase I ESA for the subject sites to help identifY potential environmental liabilities. This proposal presents the scope of work, schedule, and cost estimate for performing the Phase I ESA.

Scope of Services - Phase I ESA

In November 2006 the U.S. Environmental Protection Agency (EPA) issued regulations establishing new standards for the conduct of "all appropriate inquiries" (AAI), as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). These AAI standards codifY for the first time, specific tasks and approaches for conducting environmental due diligence (i.e., AAI or Phase I ESAs) in order to establish the "innocent landowner defense", "bona fide prospective purchase liability protection", and "contiguous



Himanshu Mehta, P.E. 7 May2008 Page6


property owner liability protection" (see CERCLA sections 101(35), 107(b)(3), 101(40), 107(r), and 1 07(q)).

The regulatory citation for the Federal AAI standard is Title 40, Code of Federal Regulations, Part 312 (40 CFR 312). In late 2005, the American Society for Testing and Materials (ASTM) updated its prior standard for Phase I ESAs, now El527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The AAI/ASTM standard differs from the prior (2000) ASTM Standard El527-00 by "raising the bar" in terms of the level of effort to complete the Phase I ESA and meet the AAI standard. Specific differences include, for example, the need to use highly experienced professionals ("environmental professionals", as defined under the regulation) to conduct certain aspects of the AAI investigation and the need to conduct a more specific investigation of historic land uses.

We understand that IRC is interested in having Phase I ESA work performed by Geosyntec to help identifY environmental liabilities associated with the above-referenced site which Geosyntec would consider to be a Recognized Enviromnental Condition (REC) as defined by ASTM El527-05. Geosyntec proposes to perform the following Phase I ESA work in general accordance with specific guidelines contained within ASTM El527-05, as indicated in the following tasks. The intent of Geosyntec' s effort is to provide IRC with a Phase I ESA for the sites which will assist IRC in meeting certain requirements of EPA's AAI rule. Please note that, herein, Geosyntec has developed a scope of services based on its knowledge of the project, which is finite in nature, to allow the development of the enclosed budget and schedule estimates. In fact, Geosyntec may find that work outside this scope may be necessary in order to address the requirements of AAI that apply to the Phase I ESA work effort (we will advise you if this is the case). Further, please note that AAI defines certain client responsibilities; Geosyntec strongly encourages its Phase I ESA clients to become familiar with the AAI rule in order for them to be able to understand what must be done by the client (over and above the Phase I ESA) to fully demonstrate AAI and achieve the full benefit of the above-described "liability protections".

The following scope will be performed:

Phase I ESA Task A: Initial Interview and Document Acquisition

Prior to visiting the site, Geosyntec will make an initial contact with the Site Owner/Manager designated by you to preliminarily discuss environmental conditions associated with site. This interview will focus on learning about environmental features of the site such as known or suspected environmental contamination, environmental permits, historical site usage, etc. In

XR0805l RJCCR08045R. DOC




addition, this contact will be used to develop a schedule for the site visit and request copies of site documentation as listed below. We request that IRC be responsible for ensuring Geosyntec is provided with any of the following information that is available for the site (we will especially rely on your assistance in the event that. Geosyntec has requested this information, has been told it is available, and has not had it provided in a timely manner):

• prior environmental due diligence documentation;

• details on any information on environmental features of the site such as known or suspected environmental contamination, wetlands, etc.;

• details on all historic uses of the site (back to its first development);

• names and telephone numbers of current and past site owners and tenants;

• site layout maps (including, but not limited to layouts showing current and past landuse, wetlands, etc.);

• any environmental permits pertaining to the site (related to chemical use, water, waste, wetlands, air emissions, wildlife, etc.);

• details on any current and past chemical usage/storage at the site;

• details on all above and below ground chemical and waste management systems/storage areas;

• details on the presence of any storage tanks/septic systems;

• copies of all environmental and building material testing/mitigation (for example, those related to asbestos, lead, or polychlorinated biphenyl (PCB) containing materials) reports done for the site;

• a legal description and boundary survey of the site, a title search for the site, etc.;

• all historical geological/ geotechnical reports;

• details on any wells that have existed onsite;

• details/results on all environmental or geologic sampling done onsite;

• knowledge of any chemical use, contamination, and/or waste disposal on nearby properties;

• details (design drawings, etc.) on any current or past stormwater or wastewater management systems existing onsite; and

XR08051 R/CCR08045R.DOC

engineers 1 scientists 1 innovators 449


• any historical aerial photographs.


As a specific follow-up to the above discussion on AAI-required client responsibilities, Geosyntec also requests the client provide information as follows:

• details on any environmental liens filed or recorded against the site;

• details on activity restrictions and/or land-use restrictions which exist for the site;

• specialized knowledge or experience of the client regarding the site or nearby sites which would be relevant to the performance of the Phase I ESA work;

• knowledge of whether or not the purchase or lease price of the site reasonably reflects fair market value (assuming the site is uncontaminated);

• commonly known or reasonably ascertainable information on the site that would assist Geosyntec in its performance of the Phase I ESA work; and

• information known to the client regarding the degree of obviousness of the presence or likely presence of contamination at the site.

Available documentation and information (as presented above) that Geosyntec is to consider for the Phase I ESA work should be provided so Geosyntec can .review it prior to completion of the site visit. Geosyntec assumes that copies of the available documentation will be provided directly to Geosyntec and that Geosyntec will not be required to incur costs for reproducing such documentation.

Please note that if a boundary survey of the site is not provided at the start of the project, Geosyntec will attempt to use whatever site location information the client provides Geosyntec to locate the site; however, as a result, Geosyntec may be unable to accurately locate all portions of the site for evaluation in the Phase I ESA work.

Phase I ESA Task B: Records Review

Geosyntec will perform a review of environmental databases for the area in the vicinity of the site pursuant to the ASTM El527-05 Standard (ASTM specifies specific search radii associated with the environmental database). Accordingly, for this task, we will evaluate the presence of on and offsite environmental database concerns recommended for review by Section 8.2.1 of the ASTM El527-05 Standard. We will attempt to perform the database search starting from the property line of the site as indicated in the information you provide (otherwise, if property line information is insufficient we place the center of our search area in the approximate center of the


engineers I scientists innovators 450

Himanshu Mehta, P .E. 7 May2008 Page9


site). This environmental database review may cause us to pursue acquisition of additional information from involved environmental agencies. For example, the database search may reveal the presence of an environmental contamination issue that could potentially affect the site. In this case, we may contact the involved environmental agency by telephone to learn more about the potential contamination problem, including the nature of the contamination and potential for it to migrate toward the subject site. Database review findings which may lead us to contact environmental agencies include: a known environmental contamination problem in the area, the presence of nearby storage tanks, the presence of nearby industrial operations, the presence of nearby large quantity generators, etc.

Besides contacting involved environmental agencies, Geosyntec may also attempt to contact entities such as the local fire department, hazardous materials emergency response department, fire marshal, etc., to learn information about reports of environmental issues in the vicinity of the site.

We may find through our database reviews and telephone contacts that it would be useful to review specific files housed at environmental agency offices. This work would be performed after consultation and approval by you; file review work is not included in the associated Phase I ESA cost estimate.

Note that the Phase I ESA work produced under this work scope will exclude the effort of searching for and reviewing environmental liens since this is not an in-scope item for Phase I ESA work per the ASTM E1527-05 Standard.

Phase I ESA Task C: Historical Site Usage

Geosyntec will endeavor to obtain information on historical usage of the site to evaluate the potential for historical land use to have resulted in potential environmental concerns for the site. It should be noted that ASTM E1527-05 requires review of historical sources as far back in the history of the property as it can be shown that the property was developed (including for agricultural uses, sites with structures, etc.). However, we cannot guarantee that the efforts we undertake as scoped herein will provide coverage to the first development of the site, and hence, a data gap may result.

Our primary methods for obtaining historical land usage information include review of historical aerial photographs, Sanborn® fire insurance rate maps or city directories if Sanborn® maps are not available, review of a recent USGS 7.5-minute topographic map, review of historical site-



Himanshu Mehta, P .E. 7 May2008

. Page 10

Geosyntec C> consultants

specific records provided by you and/or a site contact, review information obtained during the Task D, Geosyntec's site reconnaissance, and interview with an individual considered knowledgeable about historical practices at the site.

As indicated above, Geosyntec commonly relies in part on review of historical aerial photographs to evaluate historical land use. We will attempt to obtain historical aerial photographs for the site from IRC back to the time of initial development of the site. Our effort to achieve this will include contact with a source for aerial photographs (provided by IRC) wherein we request from them aerial photographs which they have on file for public access on a frequency of every five years back to the first developed use or back to at least 1940 (we assume for budgeting that the first developed use began after 1940). This aerial photograph review also attempts to identify potential adverse environmental impacts visible in the aerial photographs for the site. Further, our review looks at adjacent properties to evaluate if adjacent land use may have the potential for environmental impact to the site. Copies of aerial photographs may or may not be incorporated into the report, at the discretion of Geosyntec.

We also have included budget to conduct a search of Sanborn® fire insurance rate maps, which provide a graphical depiction of known land uses in an area. If Sanborn® coverage is not available for a particular site, Geosyntec will conduct a search of city directories for the site address. City directories compile historic address-related information into a single source and can be useful source of historic land use information, if available.

Examples of other sources of historical land use information include review of a chain of title, recorded land deeds, tax maps, building permit drawings, business directories, land use records, tax assessors' records, community right -to-know records, flood plain classification maps, and wetland designation maps. We may attempt to pursue acquisition and review of these other information sources as deemed appropriate by Geosyntec. However, the cost to perform this additional work carmot be determined at this time and is not included in this proposaL

Geosyntec will only review information which is publicly available, practically reviewable, and can be obtained from a source within a reasonable time and economical fashion given the enclosed scope, budget and schedule constraints of this project.

Phase I ESA Task D: Site Reconnaissance and Onsite Interviews

Geosyntec assumes it can perform a visit of the site within one person-day or less to evaluate present conditions with an emphasis on identifying potential environmental contamination

XR0805l R/CCR08045R.DOC




problems. Geosyntec has provided you with a budget for conduct of this site visit (and the related interview) by an "environmental professional" as that term is defined by EPA's AAI rule.

Geosyntec's onsite staff will endeavor to traverse the majority of the site on foot to perform a visual review of the major site features. It is assumed that the site is not overgrown to the extent that access is limited. Geosyntec's onsite staff shall seek evidence regarding the following:

current and past uses of the site and adjoining sites as well as the area in general; geologic, hydrologic, and topographic conditions for the site; structures and roads present onsite; the onsite

potable water supply and sewage disposal system; hazardous substances and petroleum products that have been used, stored, or discarded onsite; onsite storage tanks; onsite odors; onsite pools of liquid; onsite drums; onsite unidentified substance containers; potential polychlorinated biphenyl (PCB)-containing equipment and materials; the onsite heating/cooling system; onsite

stains/corrosion which evidence a chemical release into the ground or surface water; onsite drains and sumps; onsite pits, ponds and lagoons; onsite stressed vegetation; onsite solid waste and waste water; onsite wells; and onsite septic systems.

As mentioned above, as part of our reconnaissance, Geosyntec will perform a cursory visual review of adjacent properties. The purpose of this effort is to evaluate the potential for current or past activities on those properties that may have an environmental impact on the site. Geosyntec

will not enter those adjacent properties to perform this reconnaissance.

As part of our site reconnaissance (and if not completed prior to the site reconnaissance under Task C), Geosyntec will attempt to interview an individual considered knowledgeable about

historical practices at the site (for budget purposes, we assume this individual will be a current site owner/occupant and/or a former site owner/occupant designated by you who has detailed knowledge of onsite land use history). Please note that we assume the individual will be readily

accessible by telephone number(s) provided by you or when Geosyntec performs the site reconnaissance. Inquiries shall be restricted to seeking information relative to that required by

ASTM E1527-05.

Please note that in performing this Phase I ESA, Geosyntec has not budgeted for and does not intend to evaluate or provide consultation regarding the "Non-Scope Considerations" as defined

in ASTM E1527-05 (these include, but are not limited to radon, lead based paint, asbestos, wetlands, wildlife, historical/archeological resources, regulatory compliance, etc.).




Geosyntec 1> consultants

No samples will be collected, nor will intrusive investigations will be performed as part of this Phase I ESA. However, Geosyntec will be prepared at the completion of this task to discuss Phase II ESA recommendations with you (as deemed necessary by IRC).

Phase I ESA Task E: Preparation of Phase I ESA Report

Geosyntec's Phase I ESA findings obtained through performance of the above tasks will be presented in a Phase I ESA Report. The report will provide details of the work performed by Geosyntec and the identified RECs, as well as "data gaps", and an opinion regarding "additional appropriate investigation" as required by ASTM El527-05. The report will generally follow the recommended table of contents provided in ASTM El527-05, though, Geosyntec may deviate from this at its own discretion. The report will incluqe a map of the site which indicates major site features Geosyntec identified in the Phase I ESA. The report will also include color copies of photographs taken by Geosyntec during its Task D Site Reconnaissance. One electronic (PDF copy) and up to five hard copies of each Phase I/II ESA Report will be provided.

The Phase I report discussed herein will be solely for the benefit of Geosyntec's client (in this case, IRC SWDD). Geosyntec will issue the report to its client and grant it the right to rely on the report contents. If another entity requests the right to rely on the report, Geosyntec will consider the request and may grant a right-to-rely letter for an additional fee. Please note that Geosyntec's consent to provide a right-to-rely on a Phase I ESA report is subject to agreement to Geosyntec' s terms and conditions associated with Geosyntec' s performance of this specific project. Also note that all such third party reliance is subject to Geosyntec's standard Secondary Client Agreement.

Schedule - Phase I ESA

Geosyntec can schedule to perform the site visit for each Phase I ESA within one week of receipt of execution of the Work Order. Geosyntec projects the Phase I ESA report can then be delivered to you within four additional weeks. This schedule and below-described budget estimate to complete this work is contingent upon the following:

• Site access will not be restricted to Geosyntec and can be obtained by Geosyntec immediately upon receipt of your Work Authorization (we assume most of the site can be easily visited and viewed on foot and/or using a two wheel drive vehicle);

XR08051 RJCCR08045R.DOC




• Access to individuals to be interviewed for the Phase I ESA will be provided to and not be restricted to Geosyntec and can be completed by Geosyntec immediately upon receipt of your Authorization;

• At the start of the project, the client will complete Geosyntec's questionnaire and provide additional information as necessary; and

• All documents/information that Geosyntec is to review/consider for the Phase I ESA (see Tasks A and D) will be received by Geosyntec prior to conduct of the site visit.

Task 7- NEPA Categorical Exclusion Evaluation

Based upon communications with IRC, the approximately 5 to I 0 acre parcel in proximity to the Gifford Convenience Center will be developed into a Council on Aging facility. As part of the grant process, a Federal Transit Administration (FTA) NEPA evaluation is required.· Specifically, the FTA grant requires the completion of a NEPA Categorical Exclusion Package in accordance with 23 CFR Part 771.117. On behalf of IRC, Geosyntec will mobilize to the site to perform an inspection of the site and immediate surroundings and prepare the referenced document for submittal to IRC. A total of up to five hard copies and one CD (PDF) of the document will be provided. The following assumptions apply to the preparation of the NEP A evaluation package:

• Information regarding area land uses, zoning, roadways, public parks, etc. will be provided by IRC.

• Geosyntec has not included budget for a culture resources specialist to provide detailed information regarding cultural, historic, or archaeological resources located in the immediate vicinity of the proposed project. It is assumed that available cultural information associated with the immediate site and surroundings will be provided by IRC or available over the internet at no charge.

• Geosyntec has not included budget for the completion of a socio-economic profile of the community, it is anticipated that community statistics will be provided by IRC and/or available over the internet at no charge.

• Geosyntec has not included budget for field studies associated with a wetlands assessment/delineation or evaluation of sensitive habitats/endangered species. It is anticipated that any required information regarding wetlands boundaries, sensitive areas, and/or endangered species will be provided by IRC or available over the internet.

XR0805! R/CCR08045R.DOC




Schedule- NEPA Categorical Exclusioq Evaluation

Geosyntec can perform the site visit associated with the NEP A evaluation within two weeks of receipt of execution of the Work Order. Geosyntec projects the NEPA Categorical Exclusion Evaluation can then be delivered to IRC within four additional weeks. The proposed schedule is contingent upon the receipt of requested information from IRC in a timely manner.

ESTIMATED BUDGET

The fee proposal is provided as Exhibit 2. Geosyntec has included contingency costs associated with the subcontractors estimate to cover potential charges associated with non-scope items identified during implementation. Geosyntec will not bill IRC SWDD for any contingency related charges without prior approval from IRC SWDD.

CLOSURE

Geosyntec appreciates the opportunity to submit to IRC the attached fee proposal (Exhibit 2) for services at the referenced site. An anticipated project schedule is included as Exhibit 3. If this proposal is acceptable to you, please indicate your agr'Oement by signing the Work Order, which references this proposal. Please return one signed Work Order to Mr. Langenbach's attention. Please call either of the undersigned with questions you may have as you review this fee proposal.

Attachments

XR0805J RJCCR08045R.DOC

engineers I scientists innovators

Sincerely,

fr~ James J. Langenbach, P.E. Associate

~~~~ Kwasi Badu-Tweneboah, P.E., Ph.D. Associate

456

XR08051 R/CCR08045R.DOC

EXHIBIT 2

COST PROPOSAL

engineers 1 scientists I innovators 457

~ CJ'1 00

CCR08045R

Geosyntec Consultants

Table 1 Summary of Estimated Costs

Indian River County Solid Waste Disposal District Work Order 15

Proposal No. XR0805/

Labor Direct External

Task Task Description Hours Labor Expenses Expenses Total Cost I IRC Landfill AST System Design 52 $6,455.67 $534.20 $6,990 2 Gifford Road AST Sampling/Relocation 30 $3,127.00 $802.20 $13,854.72 $17,784 3 IRC Landfill AST Construction/Installatic 54 $5,689.31 $404.00 $63,254.40 $69,348 4 IRC Landill Existing AST Closure 14 $1,545.41 $928.40 $7,690.74 $10,165 5 IRC Landfill AST Closure Report 20 $1,974.02 $83.00 $2,057 6 5 to I 0 Acre Parcel Phase I ESA 40 $4,492.88 $402.50 $4,895 7 NEP A Categorical Exclusion Evaluation 52 $5,249.25 $226.50 $5,476

Construction Contingency $15,760 $15,760 Total with Contingency 262 $28,534 $3,381 $100,560 $132,474

Notes: I. Contingency task elements and associated costs (total of $15, 760) will not be implemented/invoiced without specific approval by IRC and reflects undertainty costs associated with the AST closure/relocation/pad 2. Labor charges include 3% communications fee.

T-1 Page 1 of I 517108

XR08051 RJCCR08045R.DOC

EXHIBIT3

SCHEDULE


•

EXHIBIT 3

SCHEDULE

Work Order 15 V ero Beach, FL

Upon approval of the Work Order, it is anticipated that Geosyntec will prepare design drawings for the fueling area and perform the Phase I ESA and NEP A Evaluation in June 2008. Upon completion of the design drawings and construction permitting, it is anticipated that the fueling area construction activities will be completed in July/August 2008. Upon completion of the fueling area concrete pad, the AST will be re-located from the Gifford Road site in August 2008 and the steel AST located at the IRC landfill will be closed in August/September 2008. Geosyntec anticipates that the Tank Closure Assessment Report documenting the closure of the steel AST located at the IRC landfill will be submitted by October 2008.

XR0805I R!CCR08045 R.DOC


XR0805! R!CCR08045R.DOC

EXHIBIT4

SUBCONTRACTOR QUOTES


Proposal Landfill

Petroleum Resources & Development, 2460 N Courtenay Pkwy, Suite 111

Merritt Island, Florida 32953 (321) 986-6026

Fax (321) 986-6036

Quote# 0861-07

We are· pleased to offer the following proposal for your consideration.

Secure all construction permits for tasks under this scope. Form a slab area 42' x 12' x 12" thick and set rebar at the new location. Pour concrete and finish. Concrete must set for 7 days prior to the tank sitting on it. Unbolt the existing tank, rig the tank for loading onto a truck with a crane. Deliver the tank to the new location, re-rig and offload onto the new slab Go back to old location & break up the slab & remove the bumper post. Backfill the slab area to grade." Go back to the new location and mount the new dispenser & card reader. Install new bumper post's around the tank slab. NOTES: Prior to moving the tank needs to be drained & cleaned and the cleaning is included in the price below. Bumper post's to be painted yellow. Tank assumed empty,(additional cost for vac truck to empty contents, if any). PR&D to supply a high speed dispenser, card reader system, card encoder, modem & 100 cards. County to bring the electric to the slab.

This price will remain firm for thirty days from the proposal date

We appreciate the opportunity of offering this proposal and trust we may be favored with your most valued business

Geosyntec Company Name

Signature Date

Title

P:::~nA 1 nf 1

7(ennetli (]>, CRiclian[ Sales Representative Petroleum Resources & Development, Inc

462

Proposal Landfill Tank Removal --- -~------------ -------------------------

Petroleum Resources & Development, Inc. 2460 N Courtenay Pkwy, Suite III

Merritt Island, Florida 32953 (321) 986-6026

Fax (321) 986-6036

Quote # 0872-07

We are pleased to offer the following proposal for your consideration.

Tank to be drained prior to removal Disconnect all piping from the tank, plug openings & install dry ice. Lift the tank with a crane and set it on the ground. Cut the tank open with a nibbler. Clean out the inside of the tank and drum any sludge, leave drums onsite for disposal by others. Bring the tank to the proper location at the landfill. Remove the piping & appurtanences & dispose of at the landfill.

NOTES:

Tank assumed empty,(additional cost for vac truck to empty contents, if any).

This price will remain firm for thirty days from the proposal date

We appreciate the opportunity of offering this proposal and trust we may be favored with your most valued business

Geosyntec Company Name

Signature Date

Title

Paqe 1 of 1

INSTALLATION-

IITOTAL PRICE

7(ennetli P IJ?iclia.r£ Sales Representative Petroleum Resources & Development, Inc

6,874.00

6,874.00

463

HCC ENVIRONMENTAL SERVICES, INC. Groundwater Remediation Construction Services

340 S.W. Jasmine Avenue Keystone Heights, FL 32656

(352) 4 73-9801 Fax (352) 4 73-9841

April 6, 2008

GeoSyntec Consultants 6770 South Washington Avenue, Suite #3 Titusville, FL 32780 Facsimile: 321-269-5813

ATIN: Mr. Jim Langenbach, P.E.

RE: Proposal for AST relocation to the IRC Landfill Indian River County Landfill Vero Beach, Indian River County, Florida Work Order #15 HCC Bid #08-23

Dear Mr. Langenbach:

HCC is pleased to provide you with a quotation bid to move the existing 12,000 AST from Gifford Road DOT yard to the IRC landfill, demolish and dispose of old tank slab, provide and install a new tank slab at the IRC landfill, provide and install new dispensers and card reader, hook up and make AST operational and remove the existing 8,000 AST at the landfill according to your plans, specifications and site visit as follows:

I. Mobe to IRC Landfill, level ground, form and pour new slab for AST, let slab cure for 7 days minimum, including labor, material and permits. $ 9,750.00

(Based on previous experience I am assuming the new slab is 10' x 48' and consists of 4,000 psi concrete with fiber mesh 12" thick with a layer ofNo. 5 rebar, 12" on center each way. You can contact Phoenix Industries, the original tank manufacturer, for design loads. The tank also has feet which will result in point loads. No other curbing or site grading is included. You may want to include a 6' x 8' handi house/storage shed to house the card reader and supplies. Estimated cost $3,500.00. 4" slab can be poured at the same time as the tank pad.

2. Gifford Road AST tank removal and relocation to IRC landfill: Dismantle tank, remove & dispose of dispensers, disconnect electrical.

464

AST to be prepared for lifting by crane and transported to the IRC Landfill and placed on new slab. The existing concrete pad will be demolished and disposed of at the IRC landfill. Existing concrete/steel bollards will be removed for reuse at new tank location. Some bollards may be destroyed and not able to be salvaged. The tank slab area will be backfilled and graded level to existing adjacent surfaces. Price for above $11,520.00

(}~o tipping fees are included for concr~te debris, tipping fees will be waived by IRC landfill. The AST is assumed to be empty, additional costs will be required if a V AC truck is necessary to empty and clean the contents. No costs are included for paving the area where the AST is removed.)

3. The IRC landfill fueling area AST installation: Anchor tank to slab, hook up piping, set new dispensers & card reader, electrical hook up of dispensers, card reader and grounding. Set the bollards, start up services: Price for Labor, misc. piping & materials and electrical installation

Price for 2 dispensers, hoses, accessories, fuel management system and start up by manufacturer's trained technician. (See attached)

(Electrical servic~6f sufficient power must be brought by others to within 10 feet of the tank. No paving, curbing, grading, etc. is hicluded for the area around the tank. Additional bollards that are required that

~ were not salvag~:able.snall be $150.00 each. We recommend that a handi house be located near the center of the tank to house the card reader and other supplies.)

4. AST closure of existing 8,000 tank at the IRC Landfill: Tank will be removed from the saddles by crane, cleaned with a V AC Truck, cut open to render useless and transported to a location at the Landfill as directed by others. Price for above

$12,950.00

$18,450.00

$ 4,625.00

(Bid assumes rinsatelliquids of 300 gallons at$. 75 per gallon. Additional gallons will be charged at the same rate. Sludges will be charged at the rate of $4.00 per gallon. No costs are included for the removal, demolition

465

. of concrete secondary containment system and concrete tank saddles. These structures will be left in place. Provide contractor removal forms.)

TOTAL BID PRICE FOR ITEMS 1-4 above

Construction time will be as follows: Item 1, new concrete pad at IRC, approximately 2-3 working days depending on final concrete pad design; Item 2, Gifford Road AST relocation & slab removal, approximately 3 working days; Item 3, landfill fueling area AST installation, approximately 3 working days; Item 4, existing AST removal, approximately 1 working day; Total construction time will be 9-10 working days. We look forward to the successful completion of this project in the near future. If you have any questions or I can be of further assistance, please feel free to contact me at my office.

466

Sales and Se1vice

NAME Mr. Earl liatcn ADDRESS H.C.C. Environmental

GainesviJie Fl

We sre pleased to subrnit \his quotation Which is our interpretation of your r~quiremen.l(s).

Job Address

Same

NOTWITHSTANOI NG any other provision ccnt~ined herein tD the GontraTY. the prlc@s sr~ed herein are firm for (30) dsys from date of hid.

I

UNITS

2

2

1 1 1 ·t 1 1 ., 1 ' ' 1

1

1

i

DESCRIPTION OF MATERIAL EQUIPMENT: Dresser Wayne G6210D/2GJKIW1 Single Commercial Dispenser Rated at up to 22 GPM 1 Q: 1 Pulsar & DC Junction Box

3!4" x 14" Hose 3/4" Hose Safety Breakaway Valve 3/4" Breakaway Hose 3/4" SWivel 314'' Automatic No7-Z!e 1" x 25' Hose 1" Hose Safety Breakaway Valve 1" Breakaway Hose 1" Swivel 1" Automatic Nozzle

Hannay 816~25"268 Spring Retract Hose Reel for \lP to 35' of 1" I. D. Hose with Viton Seal Hose Stop Ball Pfus Freight from Manufacturer- Estimated

Petro Vend K800-2, Two Hose Fuel Management System including one Fuel Island Terminal (Card/Key Reader) Fuel Site Controller, Journal Printer. Pedestal, Heater and Petro-Ne! Communication Box Cover Pocket Weathershield

THE SALE OF THE ABOVE GOOD($) TO BUYER OR PURCHA$1';R IS SUBJECT TO THE TERMS,

CONDITIONS, INDEMNIFICATIONS AND HOI.O HARMLESS AGREEMENTS, EXCLUSIONS AND

LIMlTATlONS OF WARRANTIES, PURCHASE MONEY SECURff'Y AGREEMENT, AND OTHER

f!'ROVISIONS PRINTED ON BOTH SIDES OF THIS INSTRUMENT, AND IT IS UNDERSTOOD AND

AGREED THAT THe PRICE(S) STATEO FOR SUCH GOOO(S) IS (ARE) A CONSIOEP.ATION

FOR All OF SAID TERMS. CONDITIONS, lNDEMNlFICADONS AND HOL'iJ HARMLESS

AGREEMENTS. EXCLUSIONS AND UMITATIONS OF WARRANTIES, AND OTHER PRO\ltS!ONS

THANK YOU!

UNIT PRICE I

$ $

$ $

! $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$ $

~ $

~ $

' $ '

' '

TOTAL

TOTAL

j

I

Tl1is information is for negotiation purposes and does not constitute a formal contract. Company:------------

By:

467

Sales and Service

NAME Mr. Earl Hatch Same ADDRESS --~H~.c~-~c~-~E~n~v~iro~n~m~s~n~m~l ________________ _

Gainesville, FL

W~ are pleased lo submit this quotation whleh i.r;. O\Jr interpreiation of your requiremen'c(s).

NOTWITHSTANDING any othr!r provision contained h~rein tD the contrary, ihe price'3 stated herein are firm for {30) days from dete of bid.

UNITS DESCRIPTION OF MATERIAL EQUIPMENT CONT'O; PC/CRT Cable CRT Terminal Factory Training by Telephone - ~'1'\~AL-Phoenix Software ~ f Chip Keys Encoding Plus freight from Manufacturer- Estimated

NOTE: You will have tn have a certified rep of Petro Vend perform a startup procedure on this system. - - · --

Applicable freigh~ surcharge(s), license and permit fees and sales tax to be added.

If this is acceptable please sign the white copy and return

THE SALE OFT HE ABOVE GOOD(S) TO BIJ'I'J;~ OR PURCHASER JS SUBJECT TD THE TERMS,

CONDITIONS. !NDE.MN:IFICATIONS AND HOLD HARMLESS AGREEMENTS. EXClUSIONS AND

LIMITATIONS OF WARRANTIES, PURCHASE MONEY SECURITY AGREEMENT, A>IO OTHER

PROVISIONS PRJM"SJ ON BOTH SlOES OF THIS INSTRUMENT, ANO IT IS UNDERSTOOD !<NO

AGREED THAT TiiE PRlCE(S) STATED FOR SUCH GOOD(Sj IS (ARE) A CONSIDERA;JON

FOR: ALL OF SAID TERMS. CONDmONS. INDEMNJFICA.TIONS AND HOLD HARMLESS

AGREEMENTS. EXCLUSIONS AND UMITATJON$ OF WARRANTIES. ANO OTiiER PROVJSlONS

Additional Remarks:

THANK YOU!

UNiT PRICE

TOTAL

Wi/Jfs Bmland

TOTAL

Th1s :nformatton 1s for negotiation purposes and does not constitute a formal contract Company: 1-!.C.C. Environmental

By:

468

•

•

............... ~ .................

Wayne® Reliance 06200 Series Fleet Pumps and Dispensers The G6200 Series incorporates reliable, time-proven mechanical registers into an attractive modem cabinet. The durable construction and electro-mechanical operation of this series enables it to withstand the blU"Shest fleet envirol11llents. Single AC power line requirements make it easy to adapt to any installation. The G6200 Series includes a host of standard features to ensure high performance and long life.

Standard Features • Reliable, time-proven mechanical registers housed

in a modern cabinet design

• Micro-accurate two-piston positive displacement meter- Weights & Measures sealable

• Dependable, field-proven gear type pumping unit (suction pump models)

• Heavy duty 1 HP motors (suction pump models)

• One-inch internal piping for maximum flow perfoonance

• Corrosion-resistant galvanneal exterior panels

• Tough 14-gauge side panels and 18-gauge doors

• Long-lasting powder-coated finish

• Convenient hinged door with lock for security

• All user controls meet American Disabilities Act (ADA) requirements

Optional Features • l?ulser for fuel control systems

• Light

• Internal :filters

• Stainless steel panels

• Internal hose retractor

• Hose mast

• Vapor recovery accessories

• • External :filters • Liter measure

i-1u¥ti&;;i" Wayne

469

0312812008 15:34 :l~lbbH:!l:l:ll

Dresser Wayne Dispenser Equipment & Point-of-Sale System MSRP Guide Release 5- Valid March 5, 2007 to December 31, 2007

Dresser Wayne Confidential- NOT FOR EXTERNAL DISTRIBUTION

RELIANCE G6200 MECHANICAL FLEET DISPENSERS

Standard Features • Non~omputer mechcmical register with power reset interlock • Non-resettable accumulative totalizer • 2-piston positive displacement meter • Gear type pumping unit with 1-hp continuous duty motor

(suction models) • 115VAC, 60Hz operation (motors: 1151230VAC, 50/60Hz) • Internal filter with standard 1 O-micron filter element • 1 Y." in let connection • 1" high flow internal piping • 1" discharge with %' redueer bushing • Internal port for satellite piping connection (remote models) • Heavy-duty gal~annealed steel construction • Powder coat finish (metallic silver sides & top: blue doors) • AC junction box • Hose hanger • Hinged doors • User controls meet ADA requirements • C-UL-US listed; Weights & Measures sealable for contracted billing • Excludes hose & nozzle

Optional Features (~vailability dependent on model) • E85 option (remote models).. • Black, green, red, silver, yellow, white, • Healy VAC vapor recovery (remote brown, or stainless steel doors

models) • Two-stage solenoid valve (suction • 10:1 or 100:1 pulser model:>) • Light • Inlet check valve kit • Internal hose retractor • Reversed aocumulative totalizer • Hose. mast kn • Liter measurement • External filter kit • 230VAC operation (valves & reset) • Stainless steel panels • 50 Hz operation • Hand crank kit

Standard Wa"anty Terms • 12 months from the date of installation or 18 months from the date of invoice, whichever

oocurs first • To order Extended Warranty at the time of dispenser order, please contact your Dresser

Wayne New Equipment Customer Service Representative

37

470

NAME ADDRESS

Saies and Service

Mr. Earl Hatch H.C.C. Environmental Gainesville FL

We ere pleased to subrnit this qucta1ion which is. our in\'erpre1a1ion of your reqvitemenl(s).

Job Addlress

SafT1e

NOTWITHSTANDING any ether provi9ion contained haorein to the contrary. the prices slated herein ;;:.re firm for (30) days from dale of bid.

UNITS

2

2

! 1 I

I 1 1 •j

I

\ l I

DESCRIPTION OF MATERIAL !EQUIPMENT: Dresser Wayne G6210D/2.GJVJW1 Singls Commercial Dispenser Rated at up to 22 GPM 10:1 Pulsar & DC Junction Sox

3/4" x 14" Hose 3/.tl'' Hose Safety Breakaway Varve 3/4" Breakaway Hose 3/4" Swivel

1 I 1 314" i\utomatic Nozzle 1" ~ 25' Hose 1" Hose Safety Breakaway Valve 1" Breakaway Hose

I l l

•J

1 •j

·J

·;

'i" Swivel i" Automatic Nozzle

Hannay 816-.25-268 Spring Retract Hose Reel for t.IP to 35· of I" !.tl. Hose with Viton Seal Hose Stop Ball Pfus Freight from Manufach.rrer- Estima~ed

Petro Vend K800-2, Two Hose Fuel Management System including one Fuel Island Terminal (Card/Key Reader) Fuel S~e Controller, Jovmal Printer. Pedestal, Heater and PS~io-Ne:t Communication Bor.. Cover Pocl<ei Weathersl1ield

!THE SALE OF THE ABOVE GOOD($} TO BUYeR OR PURCHASI;R IS SUBJECT TO TH:= TERMS,

COf.!DfTIONS, I;~JDi;Mf-ttFICP.TIONS AND HOI.O HARMLESS AGREEMENTS, EXCLUSIONS P.l'JD

liM1TA_TlONS OF WARRA~TIE.S, :PURCHASE MONEY SECUR\T'f AGREE.MENT, A.NO OTI_,ER

PROVISIONS ?RINTEO ON BOTH $IDES OF iHJS lt....rsTRUME.NT, AND \liS UNDERSTOOD At.JD

,\GREeD THAT TH~ PRICE($) STATED FOR 'JVCH GOOD(S)lS (ARE) A CONSIOERAT!ON

FOR. A\..l Of SJ:JDTERMS, COWOIT10NS, tND'E'"WiNIFlCATiONS AND HOLD HI',RMLESS

AGP.EEI'JlENlS. EXCLUSIONS AND UMrrATIONS OF WARRAmiES. AND OTHEP. PROVISIONS

THANK YOU I

r$

$

$ $ $

1$

l ~ l ~ "' $

$ $

I$ 1$ 1$

TOTAL-=1 l l

.I

I

I ~ r-~T~OYT~~~.L~~---------- J

-ThiS information IS ior negotiation purposes and does not constitute a ~ormal contract. Company: _______________________ ___

By:

471

Sales and Service

NAME Mr. Earl Hatch ADDRESS --~H~o.C~.C~-~E~<~IV~i~ro~n~m~e~n~ta~l------------------

GaineslliJ!e, Fl

We ore pleased lo submit thi9 quotation whleh is outinterpreta1ion ofyot,Jr requirement(s).

Same

NOlWliHSTANDtNG any other provision contained herein to \he contrary. 'the price:r ~tated hersln are firm ror (30) days rrom dale of bid.

UNITS I DESCRIPTION OF MAT!'' RIAL UNiT PRICE T TOTAL I F..QUl?MENT CONT'D:

PC/CRT Cable CRT Terminal factory Training by Telephone Phoeni)( Software Chip Keys Encoding Pius freight from Manufacturer- Estimated

NOTE: You will have to have a certmecf rep of Petro Vend perfOrm a startup procedure on \tlis system. ·

Applicable freight, surcharge(s), license and perm~ fees and sales tax to be added.

If this is acceptable please sign the white copy and return

, HE SALE OF THE ABOVE GOOD(S! TO BUYER OR PUF\Cl-IASEF! IS SUeJECo TO THE TERMS,

CONDITIONS. INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENTS. EXCLUSIONS AND

LIMITATIONS OF WARRANTIES, PURCHASE MONEY SECURITY AGREEMENT, A"O on<ER

PROVISIOf\.IS PRINT~ ON BOTH StOES OF THIS INSTRUMENT. ANO lT 15 UNDERSTOOD AND

AGREED 111AT THE PRICE(S) ST Al"EO FOR <>"UCH GOOO(S) IS (ME) A CONSIDERA"liON

FOR ALL OF SAID TERMS. CONDmONS.INOEMNIFICATIONS AND I-IOLO HARMLESS

AGREEMENTS. EXCLUSIONS AND UMITATION$ OF WARRANTIES. AND OTHER PROVJSlONS

$ $ $ $

TOTAL

. ----·-·-··

I

I I

THANKYOUl ~11L:.U.A-£-&---J.£/-This information is for negotiation purposes and does not constitute a formal contract

Wi11fs Bml=:nd

Company: 1-l.C.C. E"'vironmen!al By:

472

(SBf

DATE:

TO:

THROUGH:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

July 22, 2008

SOLID WASTE DISPOSAL DISTRICT BOARD


Thomas Frame, General Services Director~ ,J. ~

Himanshu H. Mehta, P.E., SWDD Mana ·ng Director '):). 'm.

FROM:

·PREPARED BY:

SUBJECT:

BACKGROUND:

Jerry Davis, Purchasing Manager

Maeghan McLaughlin, Staff Assistant, Purchasing Division

Approval of Bid Awru·d for IRC Bid No. 2008069 Transportation of Stabilizer to Indian River County Landfill

The Solid Waste Disposal District (SWDD) has requested the solicitation of competitive sealed bids for the transportation of approximately 3,000 tons of stabilizer to the Indian River County Landfill. Material is being supplied by Dickerson Aggregates, Inc. of St. Lucie County, in accordance with a Road & Bridge Division annual bid for pickup of material by Indian River County trucks. The Solid Waste Disposal District (SWDD) does not have equipment available to transport material of this quantity.

BID RESULTS:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies:

July 16, 2008 at 2:00pm June 25, 2008 One Hundred Fifteen (115) Vendors Ten (10) Vendors Five (5) Vendors

F:\Purchasing\Bids\2007-2008 FY (2008000)\2008069 Transportation o£3,000 Tons of Stabilizer to IRC Landiill\Agenda.doc

(Continued)

473

Memo to Board of County Commissioners Bid No. 2008069 July 22, 2008 Page Two ofTwo

ESTIMATED COST:

TOTAL AMOUNT OF BID:

SOURCE OF FUNDS:

RECOMMENDATION:

$10,000.00

$9,792.00

41121734-035390

Staff recommends that the bid be awarded to Alfv's Trucking, Inc.. as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Solid Waste Disposal District Board approve the issuance of a purchase order after receipt of the appropriate certificate of insurance.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form

Jndian River Co I Apprgy¢ Date

Budget 1-t>r ~ "71 Department I Altf.f 7f.3(Jft lli~Mm~~ I ' I

F:'~Purclmsing\Bids\2007-2008 FY (2008000)\2008069 Transpartation of3,000 Tons of Stabilizer to IRC Landiill\Agenda.doc

474

Date:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL D~~JJ~ pURCHASING

7DfiB JUL 2 I P

JULY 21,2008

To:

Thru:

From:

JOE KREYLING, BUYER, PURCHASING DIVISION

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal Distric; ,J.I)'V- · . Gary Easlick, Landfill Foreman ~

Subject: AWARD OF BID NO. 2008069 TRANSPORTATION OF STABILIZER

SWDD recommends award of Bid No. 2008069 to Alfy's Trucking, Inc. in the amount of $9,792.00 for the following reasons:

1. Lowbid 2. met all specifications 3. Is willing to extend their pricing for six months

Source of funding for this capital project will be 41121734-035390, other road materials/supplies.

Please prepare an agenda item requesting approval from the SWDD Board to award Bid No. 2008069 to Alfy's Trucking, Inc.

Thank you for your assistance.

Gary Easlick, Landfill Foreman 1325 741

h Ave. Vero Beach, Fl. 32968 (772) 770-5112 Fax (772)770-5296 E-mail [email protected]

475

INDIAN RIVER COUNTY

PURCHASING DMSION

1800 27th Street. Vero Beach, FL 32960 (772) 226-1416

BID TABULATION

Bid Opening Date: Time;

July 16, 2008 2:00PM

Bid No. !Department

2008069 I SWDD - Landfill

Bid Title

Transportation of Stabilizer to me Landfill

~ ~

:! s: e ~ ~ ~ ·"' .§ :5' ~ < =-

u ~ ~ ~

s 0 ~ u r;:r. ~ .51 ..=~ "" Col ~ = .S:l QJ u ~ QJ e ..= QJ

~ >

~ ~ 'E c)l .~ ~ 'S..r;:r. QJ ~

00 ~ QJ "" 't:J .~

"" =-B t: Col 0 < r;:r.

Eo 0 u ,:::: ~ ..=

~s: .t>.cf ... Col

~ ~ s e a~

Witness: Mael!han McLaul!hlin

Witness: Joe Kreyltne

~ = 0 ... 't:J ro ~

-= ~ ·~ s ~ ~ .$ -~ .~ =kl t: "" 0 =- r;:r.

-iiif,."¥M.:~fii;7@o!iiffl$_@";\j.I-J<l;e}r,J!iffi1·~dii_@liff•,h~->-l411ii!t~:'\;1•,~j'1':!f:f.ll-:lf.ilt•'·~i•o'"J::.;~!P.iilo'li'ii-"''!ilJ!itFIW!~~jl·;-~>•+•\~~t;:~:-1'"'''·<~:Jl~-f.-!-~A!~l~f<'i:}Bili\~~-i''ID;\''W;IfOt{~Jr';,:'!!if',f'f~1~~;<Lj1~of;iilii)iJ.l;@·il>J.>~~L'E'li:Hi~#~"#llliif@$•@:?1i'@!h-..$'1§1¥l!(il!\k;,t@!M'.ff!Nfolltij

Bid Form X X X X X

Disclosure X X X X X

Price Extend? y y N N N

TOTAL BID s 9,792.oo I s 10,83o.oo I s 14,97o.oo Is 16,soo.oo I s 11,1oo.oo

COMMENTS:

c.o r-

""'"

ladiu River Conty ....... ufag Divisioa 1810 2,.. Street Verolleadi,F'L 32960

Bid Form

Spc llb•iou lor: Trusportatlolt ofSiUilber to Iadiu River Couty Ludflll ... JIIOpeaiag Date I Time: July 16, lt08 at 2:00P.M.

Bid Opelriag Loeatioa: ........... DlvisioD 1880 21' Street VeroBeadl, F'L 32960

Ill aeeordllllee with all tenas, coadltiolll, ~fleatioas, ud reqalmneaCS, tile bidder otfers the lollowiag:

TobiiBid$ 9. J12 · 00 I .. .....,

Please nbmit oae (1) origiulud 011e (1) eopy ofyoar bid.

WDI your compaay mead tlele prkel to otlter &Oftl'llllla ... aaelldes 1ritlda tile State of Florida?

Yal2f NoD

Tile lUidenigu hereby eertifla tllat tlley uve read aad udentaad tile eoatea .. of tills iUiidlatioll ud agree to farailll at the prices sllowa uy or all of tile items above, subjeet to all lutnaetiOIIs, eoaditioas, apeeifteatioas, aad auadlmea .. llereto. Fallare to llave read all tile provilioas of this aolieitatioa allall Dot be caMe to alter uy reaaldag -m.et or reqaat additiOIIJd eompaadoa.

c .. 11.,nyName: AtFY's T~w:l< 'ItJCr -r~.

Company Address: If J ~~ D ,· xN-

city. state P, /"" £e. y , PL Telepbone: 3 2.1 - 5 og- ~u~ z.y- Fax:

ZipCode 3Z.1DS

'12..1- "f2.=1-- l'LI Lf

E-mall: -----------------------------------------------------Oct>!JIIdional License:--------------- FEIN Number: Olf - 3 1-J... 1- 'f11

Page 11 ofl6

- -..: .. -477

f

Page l2ofl6

478

Affidavit of CompU.uce (Please iadade tills form willa you bid)

Indian River County Bid# 2008069 fur TJ'81!Spulf8ljon ufS!!!bilizer to IndiAn Rjver Countv I.pndfil!

0 We DO NOT take cxccptiun to the Bid I Specifications.

fi2(" We TAKE exception to the Bid I Specifications as follows:---------

3ooo -11)4<

II,. c4 .J .

Company Name: _ ___.Aw.~..I!...F..L.Y--=:.'S" __ -.!..1 .!:!·1!-~l(L=K..:.:.I.:.:::A.J~f:r~-· _.:.:C:=:.:fJ...::C..:..· __ _

Company Address: -(f '17-1 /2t &'~ f.Jm. 4-r , E='L

/1-,_'1

Telephone Number: 321 - SOil - 'b 2 'f E-mail: Authorized-S•-.gnature--: --_-J-x--_-~-r--,-:_,e.------Date-: __ y_t._j_c_9_ Name: lr/krJ lf-so,f';e..- Title: /r~ •ct-o:t= ·

~ped/PriDied) (/

Page 13ufl6

479

Date:

To:

Thru:

From:

Subject:

INDIAN RIVER COUNTY


BOARD MEMORANDUM

August 05, 2008

Joseph A. Baird, County A~m~l")lst~atg/, / ~ W. Erik Olson, Director of~ S~ Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disp.osal District.zft.N\...

Amendment No. 1 to Work Order No. 16 to Geosyntec Consultants, Inc.

BACKGROUND:

The Solid Waste Disposal District (SWDD) Class I landfill currently includes Segment 1, Segment 2 and an lnfill Area located between Segment 1 and Segment 2. As a general industry and regulatory practice, routine closures of these segments are performed at incremental heights as the elevation of the landfill increases. These closures provide structural integrity, prevent vapor migration and odor control, and provide leachate seepage control. Segment 1 was initially closed in 1990, Segment 2 side slopes were capped in 1998 to an elevation of 55ft NGVD, and the in fill side slopes are currently not capped. The partial closure of the lnfill Area and Segment 2, up to an elevation of 95ft NGVD, is scheduled to be performed in Fiscal year 2008/2009.

The Class I landfill is operated and maintained under a seven (7) year agreement with Waste Management, Inc. of Florida (WMIF). Per attached letter by WMIF, Segment 2 area is experiencing localized leachate seepage along the north and south slopes due to the moisture of the waste, a lack of final cover, and the limitation of the gravity fed leachate collection system.

The seepage of the leachate was also documented by representatives of Florida Department of Environmental Protection (FDEP) during a periodic inspection of the landfill site. Since FDEP rules prohibit the release of landfill leachate into the environment, FDEP instructed SWDD & WMIF to immediately submit a plan of action to alleviate the leachate seepage problem. As a temporary solution, WMIF is collecting and pumping the leachate back into the leachate collection and removal system. The only permanent, long term solution would be to close the north and south slopes of Segment 2 to an elevation of 95 feet NGVD in accordance with FDEP rules and regulations.

Due to the urgent need to address the leachate seepage problem in a manner acceptable to FDEP, staff is requesting Board authorization to advance the startup date of this incremental closure project to this year. Staff is recommending executing this project as an add-on component to the vertical expansion construction project which has been approved by the Board on June 3, 2008 under Work Order No. 16 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $370,377.00. The project would require engineering services for design, permitting, procurement and construction assistance similar to· those approved for the vertical expansion project

ANALYSIS:

Staff requested Geosyntec to submit a proposal, as Amendment No. 1 to Work Order No. 16, for design, permitting and construction assistance for the partial closure of Segment 2 and the lnfill Area. Geosyntec's proposal including scope of work, schedule and budget is attached. Geosyntec proposal consists of three phases as an addition to those in Work Order No. 16. The four original phases and the three additional phases and their estimated budget are listed below.

SWDD Agenda- Amendment No 1 to WO 16 to Geosyntec (2) (2).doc Page-l- 480

PHASE DESCRIPTION $AMOUNT

Phase 1: General Consulting/Meeting Support/Project

$41,580.00 Management

Phase 2: Vertical Expansion Design Modification and

$11,783.00 Permitting

Phase 3: Construction Procurement Services - $26,017.00

Phase 4: Construction Support Services $290,997.00

Work Order No. 16 Total (Board Approved June 3, 2008)= $370,377.00

Phase 5: Vertical Expansion Design Modification and

$18,236.00 Permitting

Phase 6: Construction Procurement Services $13,744.00

Phase 7: Construction Support Services $90,725.00

Amendment No. 1 to Work Order No. 16 Total= $122,705.00

Total Project Engineering Cost= $493,082.00

Geosyntec has prepared this proposal based on the assumption that WMIF, the Class 1landfill operator, and the selected general contractor for the vertical expansion construction, will also serve in a similar function for the construction of the partial closure of Segment 2 and the lnfill Area of the Class I landfill. Geosyntec believes that all project management activities_required for this project, with the eKception ofthose which are specific to the partial closure of Segment 2 and the lnfill Area can be fully addressed under the project management task of Work Order No. 16. Geosyntec has, therefore, eliminated the project management scope of services and budget from this proposal, and addressed the specific closure related issues in the remaining phases of the scope of services. Since the project progress will also be monitored by FDEP, timely completion is critical to the SWDD construction schedule. The estimated construction cost for Work Order No. 16 was approximately $2,850,000.00 and the estimated construction cost for the Amendment No. 1 work is approximately $1,978,000.00 resulting in an approximate total project cost of $4,828,000.00. Therefore, staff considers the proposed consultant budget competitive and recommends its approval.

RECOMMENDATION:

Staff recommends that the SWDD Board:

1) Authorize Amendment No. 1 to Work Order No. 16 with Geosyntec in the amount of $122,705.00 to provide engineering services for design, permitting and construction of the partial closure of Segment 2 and the lnfill Area of the Class I landfill.

2) Authorize the Chairman to execute the same, as presented.

ACCOUNT INFORMATION·

Description Account No. Amount($) Other Improvement Except •. -· '411-

$122,705.00 Bldgs 166002:

ATTACHMENT:

Attachment 1: Final Cover Letter Request from WMIF Attachment 2: Amendment No. 1 to Work Order No 16- Geosyntec

(2 Pages) (22 Pages)

APPROVED FOR AGENDA:

For: --~&L---,_1 d..""'---"o'-'2'--Date

SWDD Agenda- Amendment No I to WO 16 to Geosyntec (2) (2).doc Page-2-

Indian River Co. Approved Date

Administration ~

SWDD Director\ ~ '\. £.

Budget ~ ' r.v._ ,_ 5 Pv f' / Legal ! 1 J: V >s:~llnf

481

""""· ATTACHMENT 1

WASTE MANAGEMENT WASTE MANAGEMENT

1327 74th Ave. S.W. Veto Beach, Fl. 32968 (772) 562-8445

June 30,2008 (772) 562-3424 Fax

.-1Y-TG~~ /: .} ~ ,_ \ Mr. Himanshu Mehta, P.E. (FL)

IRCSWDD Managing Director / -:_ ) 'ft:; '

(,f >" ... ,

Indian River County Solid Waste Disposal District 1325 74th Ave. S.W. Vero Beach, FL 32968

RE: Final Cover

Dear Mr. Mehta:

\ ' .,-\· -~---

Waste Management Inc. of Florida (WMIF) respectfully requests that the final cover work up to elevation 95' be included with the upcoming construction job in lieu of delaying until the next cell construction. The last final cover job was performed in 1998 on Segment II up to elevation 55'. That work was performed by WMIF in conjunction with the 5 acre lnfill cell construction. Since that time WMIF has filled in both the lnfill and Segment II up to elevation 95' (will be complete with the final section of the North slope of Segment II before the end of the year). The lnfill portion of the landfill does not have any final cover. On your 2007 Financial Assurance submittal to the Florida Department of Environmental Protection (FDEP) it shows the next incremental final cover work will be performed in fiscal year 2008/2009 up to elevation 95'.

After reviewing the agenda item for the scope of work for Geosyntec's upcoming construction job, I noticed that the final cover construction job up to elevation 95' was not included in the work authorization. After speaking with Tanhum regarding this item, he mentioned that he believed the final cover job was going to be incorporated with the next cell construction rather than with the upcoming vertical expansion.

During our last two FDEP inspections two items have been notated regarding localized seep issues we are having on the South and North slopes of Segment II. While these seeps have been remediated once, they have begun again due to the moisture of the waste, lack of final cover and the limitations of the gravity fed

From everyday collection to environmental protection, Think Green~ Think Waste Management. 482

leachate system. WMIF's response to FDEP addressing these issues refers to the upcoming final cover placement job, which we feel, will permanently alleviate the seeps. The design of the final cover system should include the low linear density polyethylene (LLDPE) liner tying into the bottom liner system.

Please contact me if you have any questions regarding this request. WMIF looks forward to continuing our successful partnership with the IRCSWDD staff.

Sincerely,

Deborah A. Perez District Manager

Cc: Greg Mathes, WMI Sheree Grant, WMI

483

AMENDMENT NUMBER _1__ TO WORK ORDER NUMBER _j_Q__

This _fmendme51t _j __ to Work Order Number _16 _ is entered into as of this ~ ~ day of -~~~-· _ _.:, 200.§_ ("Effective Date") pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 10, 2004, and amended effective July 24, 2007 (as so amended, the "Agreement"), by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("District") and Geosyntec, Inc. ("Consultant").

1. The District has selected the Consultant to perform the professional services set forth in existing Work Order Number _1!L Effective Date _,J!J!]§_~.1_Q_Q§ ________ .

2. The District and the Consultant desire to amend this Work Order as set forth on Exhibit 1 attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 and within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement.

3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

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

CONSULTANT: Geosyntec, Inc.

By: ___ ::Jh12_6?J __ _ Title: Vice President

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By _______________________ _

Chairman


By _____________________ _

Deputy Clerk

Approved:

484


Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74'h Avenue SW Vero Beach, Florida 32968

EXHIBIT 1

Subject: Addendum No. 1 to Work Order No. 16 Proposal for Engineering Services

2258 Riverside Avenue Jacksonville, Florida 32204

?H 9Q4.388.882l FA<" 904.388.8163

www.geosyntec.com

11 July 2008

Design, Permitting, and Construction Services for Partial Closure of the lnfill Area and Segment 2 Indian River County Class I Landfill Vero Beach, Indian River County, Florida

Dear Mr. Mehta:

Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) for the provision of engineering services related to the design, permitting, and construction of the partial closure of the Infill Area (Infill) and Segment 2 (hereafter referred to as the Project) for the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. These services will be in addition to engineering services currently approved under Work Order No. 16, related to the construction procurement for the final closure of Segment 1 of the Class I landfill at IRCL. The proposal presents the scope of work, schedule, and budget estimate for the design, permitting, construction procurement, and construction-phase services for the Project. The proposal was prepared in response to a written request to Geosyntec from the SWDD sent via email on 19 June 2008. Geosyntec has prepared this proposal as Addendum No. 1 to Work Order No. 16 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, dated 10 August 2004, amended on 11 August 2007.

The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) budget estimate; (iv) schedule; and (iv) the assumptions that were used in the development of this proposal.

XR08!68/JL80!86.doc

engineers I scientists 1 innovators 485

Mr. Himanshu Mehta 11 July 2008 Page2

PROJECT BACKGROUND

The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west ofRangeline Road in Vero Beach, Florida. The SWDD operates both the Class I landfill and Construction and Demolition (C&D) disposal facility at the IRCL facility. The Class I landfill includes Segment 1, Segment 2, and an Infill Area located between Segment 1 and Segment 2. Segment 1 is approximately 20 acres, unlined, and was initially closed in 1990 with a cover system that included 8- to 12-in. thick compacted clay cap. Segment 2, which is approximately 38 acres in total footprint, has a 60-mil thick high-density polyethylene (HDPE) geomembrane single liner. The Infill Area has: (i) a single composite liner comprised of a 60-rnil thick HDPE geomembrane placed on top of 2-ft thick compacted clay liner over a 5-acre area between Segment 1 and Segment 2; and (ii) a 60-mil thick textnred HDPE geomembrane single liner over the 7.5 acres of the eastern side slopes of the closed Segment 1 landfill. Segment 2 sideslopes were capped in 1998 with a 40-mil LDPE geomembrane and 2-ft of cover soil to El. 55 ft NGVD. The Infill sideslopes currently are not capped. Leachate from the lined Segment 1 eastern side slopes, Segment 2, and Infill Area is collected through a combination of leachate collection system (LCS) drainage media and HDPE pipes, and conveyed to a pump station located at the northwest comer of Segment 2. The leachate is then transferred through a force main to the West Regional Wastewater Treatment Plant for treatment and disposal.

In June 2005, the Florida Department of Environmental Protection (FDEP) issued the SWDD with an expansion permit, under Permit Modification No. S031-0128769-0ll, for the disposal of C&D debris over the south and west slopes of the closed Segment 1 landfill using 3 horizontal to 1 vertical (3H:1V) side slope geometry. The westward top slopes of the C&D expansion would

· extend to elevation (El.) 129.5 ft National Geodetic Vertical Datum (NGVD) and grade to the east at a 5 percent slope. The Segment 2 and Infill Area were also permitted to have 3H: 1 V waste slopes from El. 55 to El. 145 ft NGVD. In August 2006, FDEP issued the SWDD with an expansion permit for placement of C&D debris over the north slope of the closed Segment 1 landfill using 3H:1V side slope geometry, extending the elevation to approximately 125 ft NGVD, under Permit Modification No. S031-0128769-013. The C&D debris placement over the slopes of the previously-closed Segment 1 landfill, under the current FDEP Permits, is presently projected to reach final grades by March 2009.

In order to improve aesthetics at the IRCL facility, the SWDD has voluntarily elected to place cover soil and sod over portions of the C&D debris that have reached final grades in a "close-asyou-go" manner. In April 2007, the SWDD authorized Geosyntec under Work Order No. 6 to

XR08168/JL80 l86.doc

engineers I scientists 1 innovators

486

Mr. Himanshu Mehta 11 July 2008 Page 3

design and permit the closure system for the C&D placement on Segment 1 slopes in order to meet the closure requirements of the solid waste regulations.

In June 2006, FDEP issued the SWDD with a permit for the vertical expansion that includes the construction of a liner system over the top deck of Segment 1 and raising the fmal elevation of the entire lined area of the Class I landfill to elevation 185 ft NGVD (Permit Modification No. S031-0128769-012). This additional permitted capacity extends the life of the Class I landfill until January 2011, based on projected waste acceptance rates.

As previously discussed, the current FDEP permits for C&D placement on Segment 1 with 5 percent top deck slopes is projected to reach final grades in March 2009 before the Class I landfill vertical expansion can be constructed. However, the vertical expansion represents the next phase of the scheduled capacity additions to the Class I landfill. Its projected delay due to the decline in the deliveries of C&D debris for landfill disposal, places it on the critical path of the capacity addition schedule. Geosyntec prepared a Minor Modification Permit Application for the reduction in slope of the overlay liner on top of Segment 1 to expedite construction of the vertical expansion. The application is currently on file with the FDEP and is under review. Also, Geosyntec has begun the construction procurement services for the vertical expansion.

On 10 April 2008, an inspection conducted by the FDEP at the IRCL noted the seepage of leachate from the south slope of the Class I landfill. Subsequent inspections also discovered leachate seepage on the north slope of Segment 2. In response to the FDEP's concerns, Waste Management (WM) informed the FDEP that a final cap would be constructed following the completion of the north slope of Segment 2 to El. 95 ft NGVD. On 19 June 2008, the SWDD requested, via email, that Geosyntec submit a proposal to provide engineering services for the construction of the partial closure of the north and south slopes of Segment 2 and the Infill Area to be executed concurrently with the construction of the vertical expansion. This proposal describes ser\rices to be provided in fulfillment of that request.

PROPOSED SCOPE OF WORK

This project includes professional engineering services for design, permitting, and construction of the partial closure of the north and south slopes of the Infill and Segment 2 of the Class I landfill at the IRCL facility. The scope of work is based on the requirements of Chapter 62-701, Florida Administrative Code (FAC) and Geosyntec's understanding of the project based on information provided by the SWDD.

XR08168/JL80 186.doc



Geosyntec will provide all engineering services necessary to complete the engineering design, permit applications, and address requests for additional information from FDEP related to the closure design. The scope of services also includes construction support services such as preparing construction drawings, coristruction bid documents, construction management, construction quality assurance (CQA) monitoring and certification services for the partial closure of Segment 2 and Infill side slopes. This proposal has been prepared based on the assumption that Waste Management of Florida (WM), the Class I landfill operator and the proposed general contractor for the vertical expansion construction, will also serve in a similar function for the construction of the partial closure of Segment 2 and the infill of the Class I landfilL For budgeting purposes, the scope of work will be performed in three phases as follows:

• Phase 5: Class I Closure Design and Permitting;

o Task 5.1: Engineering Design;

o Task 5.2: Class I Landfill Closure Permit Application; and

o Task 5.3: Response to Regulatory Comments

• Phase 6: Construction Procurement Services;

o Task 6.1: Preparation of Construction Documents; and

o Task 6.2: Construction Cost Estimate.

• Phase 7: Construction Support Services for Class I Closure.

o Task 7.1: Field CQA Services;

o Task 7.2: Construction Management; and

o Task 7. 3: Resident Engineering.

Geosyntec believe that all project management activities required for this project, with the exception of those which are specific to the partial closure of Segment 2 and the Infill, can be fully addressed under the project management task of Work Order No. 16. We have, therefore, eliminated the project management scope of services and budget from this proposal, and addressed the specific closure related issues in the remaining phases of our scope of services.

Each of these phases is briefly described below:

XR08!68/JL80 186.doc

engineers 1 scientists 1 innovators 488

Mr. Himanshu Mehta 11 July 2008 PageS

Phase 5: Class I Closure Design and Permitting

Phase 5 consists of the design, permitting, and construction certification of the closure of the Segment 2 and Infill sideslopes up to El. 95 ft NGVD. For budgeting purposes this task has been divided in the following three tasks, as presented below.

Task 5.1: Engineering Design

Under this phase, Geosyntec will perform engineering analysis and design for closure of the north and south slopes of Segment 2 and the Infill. Engineering analysis and design will be performed to the extent required in the closure permit application. Geosyntec will review, summarize, and synthesize all relevant previous work for the closure of the Class I sideslopes. Geosyntec will perform the following activities as part of the engineering design:

o layout and grading of the sides lopes of Segment 2 and Infill;

o specification of components and materials of the final cover system (vegetative layer, cap protective layer, as appropriate);

o evaluation of percolation through and liquid head build-up in the final cover system using the hydrologic evaluation of!andfill performance (HELP) model;

o evaluation of stability and settlement of the final cover system;

o design of the final cover drainage system to collect and convey the water that percolates through the vegetative and cap protective layers;

o design of the surface water drainage system to collect and convey the storm water runoff from the final cover system to the perimeter toe ditch;

o development of typical final cover system details (configuration of the final cover system at the side slope swales, and other details as appropriate) as required for the permit application;

o development of a construction quality assurance (CQA) plan; and

o development of financial assurance calculations.

XR08 I 68/JL80 l86.doc



Geosyntec understands some of the above analyses have been performed as part of previous permit applications (C&D expansion and Class I landfill vertical expansion). Geosyntec will utilize to the extent feasible most of this information in order to minimize duplication of efforts.

We anticipate that finalizing the partial closure design of Segment 2 will require two progress meetings with the SWDD staff and representatives of WM. To minimize project cost, these meetings will be scheduled to coincide with progress meetings budgeted in Work Order 16 for the vertical expansion.

Task 5.2: Closure Plan Permit Armlication

Under Task 5.2, Geosyntec will prepare the Closure Permit Application for closure of Segment 2 and Infill to El. 95 ft NGVD at the IRCL facility. The permit application will include the engineering reports and drawings in support of the permit application in accordance with Chapter 62-701, PAC. Geosyntec will provide four complete copies of the application to FDEP Central District and two copies to SWDD.

Activities required for the completion of the permit application not included in other tasks, and activities required for the compilation, reproduction, and distribution of the permit application are included in Task 5.2. For the purpose of this budget estimate, Geosyntec has included a meeting with FDEP and SWDD staff.

Task 5.3: Response to Regulatory Comments

Geosyntec will provide FDEP with written responses to requests for additional information throughout the course of the permit review process. For the purpose of the budget estimate, Geosyntec has estimated one response is required.

Phase 6: Construction Procurement Services

Geosyntec will provide the engineering services required for SWDD to construct the closure system for the Segment 2 and Infill sideslopes. It is understood that SWDD will contract the construction services of the closure system to Waste Management (WM), the current contractor for operation of the Class I landfill. As part of this task, Geosyntec will prepare construction documents and a construction cost estimate.

Task 6.1: Construction Documents

XR08168/JL80 186.doc



Geosyntec will prepare and submit a set of construction drawings for the closure system specified in the Closure Permit Application as part of the vertical expansion construction drawings. The construction drawings will be extracted from the permit drawings and will include sufficient details for construction of the closure system, storm water features, and other related construction activities associated with the closure of the Class I disposal area within Segment 2 and Infill. The construction drawings will include control points along the toes of slopes, and other critical locations, including 50-ft grid intervals, to facilitate construction and certification of the Project.

Technical Specifications and the CQA Plan will be compiled as part of the Construction Documents. The specifications will be prepared using the industry-standard Construction Specification Institute (CSI) format.

Task 6.2: Construction Cost Estimate

Geosyntec will also prepare an Engineer's Estimate of Probable Construction Cost and a construction schedule to serve as a basis for comparison of bids during the procurement process. Probable construction cost will be based on estimated construction quantities for the project and engineering estimate of the probable unit cost for each item. Probable construction costs will be based on such catalogues as R.S. Means, information provided by product manufacturers, and Geosyntec's professional judgment and experience with similar closure system and installation projects. Additionally, Geosyntec will prepare a construction schedule based on Geosyntec' s understanding of the Project and experience with similar closure system installation projects.

Phase 7: Construction Support Services

Geosyntec proposes to perform the construction-related services and provide engineering support associated with construction of the Project under three tasks. These include: (i) Field CQA Services; (ii) Construction Management; and (iii) Resident Engineering.

Task 7.1: Field CQA Services

Under this task, Geosyntec will provide CQA services during construction of the Project. Quality assurance monitoring, testing methods, test frequencies, and the reporting requirements will be perfonned in accordance with the CQA Plan, ASTM Standards, and applicable portions of Chapter 62-701, FAC. The work will be executed by an experienced project team consisting of office managerial staff and on-site CQA representatives.

XR08168/JL80186.doc


Mr. Himanshu Mehta II July 2008 Page 8

Geosyntec will provide on-site monitoring services for the activities associated with construction of the project. The CQA services will be provided by a CQA Site Manager and Engineering Technicians, as needed. The CQA Site Manager will be responsible for CQA activities throughout the Project including monitoring construction, coordinating soils testing (if needed), and maintaining documentation of CQA activities at the site.

Geosyntec will assign one CQA field personnel for every major construction activity being performed by the Contractor. Any non-conforming or questionable practices observed by Geosyntec will be brought to the attention of the concerned parties for review and correction.

Geotechnical Laboratory Services

Geosyntec will provide independent geotechnical QA/QC laboratory testing related to the construction. Experienced laboratory technicians will perform the required soils conformance tests in accordance with the test methods described in the Technical Specifications. The test results will be reviewed by the CQA Site Manager. SWDD will be provided with regular updates of the conformance testing activities and results. Summary reports of the laboratory conformance test results will be presented in the certification report.

Task 7.2: Construction Management

Under this subtask, Geosyntec will provide construction management services throughout the duration of construction. Construction management activities will include conducting a preconstruction meeting with the contractor (WM), preparing a detailed construction schedule using critical path method (CPM) of scheduling for evaluating construction progress, assisting the contractor in identifying critical construction tasks and material procurement activities, providing assistance to the contractor in formulating plans to regain the project schedule in case of unforeseen delays, and verifying quantities and conformance with the plans and specifications.

Task 7.3: Resident Engineering

Under this subtask, Geosyntec will provide resident engineering support services throughout the duration of construction. Resident engineering support services will include Construction Drawings and Technical Specifications interpretation or clarification, an evaluation of any changed conditions, and engineering analyses for any design changes or improvisations. Geosyntec will also provide support to SWDD in the preparation of modifications, deletions, or additions to the contract documents. Contractor change proposals will be evaluated for technical merit, conformance with design intent, and reasonableness with respect to pricing. Geosyntec will also assist SWDD in the review and approval process for submittals required by the contract

XR08!68/JL80 I86.doc



documents. Resident engineering support services are expected to include engineers, administrative assistants, CADD operators, and word processors, as needed. Resident engineer support services are budgeted only for the construction period extending beyond that of the

· vertical expansion.

As part of the Resident Engineering task, Geosyntec will prepare a final CQA closure certification report. The closure certification reports will include as-built record drawings for the Project. The report will contain a narrative describing, in detail, the aspects of field activities associated with the closure system construction, specifically with reference to the activities identified in this proposal. The report will· also include a summary of all conformance and performance tests conducted, testing frequencies, and test results showing compliance with the Technical Specifications and the CQA plan. The documentation of construction activities (presented on daily summary reports, monitoring logs, test data sheets, nonconformance identification and corrective measures reports, and design change records) will be included as appendices to the fmal report. The as-built record drawings will be prepared for the Project, in CADD format, in order to illustrate the details of construction, any approved design changes, and other relevant information.

The final CQA certification report and as-built record drawings will be signed and sealed by a registered professional engineer in the State of Florida. Geosyntec will prepare the report within 30 days of completing the construction activities. Five copies of the final CQA certification report will be submitted to FDEP for approval on behalf of SWDD. An electronic copy of asbuilt drawings in AutoCAD 2000 format will also be submitted to SWDD.

BUDGET ESTIMATE

A budget estimate for the scope of work outlined in Phase 1 and Phases 5 through 7 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment 2. The budget estimate does not include permit fees that will be required at the time the permit application is submitted to FDEP.

Phase 5 -Class I Closure Design and Permitting Phase 6- Construction Procurement Services Phase 7- Construction Support Services TOTAL

$18,236 $13,744 $90,725

$122,705

Geosyntec will not exceed the cost estimate without prior approval and written authorization fromSWDD.

XR08!68/JL80 186.doc



SCHEDULE

Geosyntec has prepared a schedule for preparing the Closure Permit Application, which is included as Attachment 3. The schedule, as presented, assumes a start date of 14 July 2008, and projects a Permit Application submittal to FDEP on I September 2008. Geosyntec has assumed that the required permit will be obtained within two months of submission. Response to FDEP comments will be performed during this two month period. Therefore, it is anticipated that the closure permit for the Project will be issued by 31 October 2008. Geosyntec will proceed with Phase 6: Construction Procurement Services after the Permit Application is submitted to FDEP and will complete the Construction Procurement Package as early as 28 November 2008. Contractor selection and contract award can be completed as early as I January 2009.

Given a construction start date by February 2009, the Project should be substantially complete by March 2009. A certification of construction completion report submittal and approval by FDEP should be completed by 30 April2009.

Geosyntec will work with SWDD to refine the project schedule and set the milestones necessary to meet the needs of the Project. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project.

CLOSURE

Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah' s attention. Please call the undersigned with questions you may have as you review this proposal.

Attachments

XR08!68/JL80 !86.doc

engineers I scientists I innovators

Sincerely,

Kwasi Badu-Tweneboah, Ph.D., P.E. Associate

494

ATTACHMENT 1

BUDGET ESTIMATE

495

Table 1

BUDGET ESTIMATE DESIGN, PERMITTING & CONSTRUCTION SERVICES

INDIAN RIVER COUNTY CLASS I LANDFILL VERTICAL EXPANSION

RATE QUANTITY ESTIMATED

XR08168\JL80186 Geosyntec Consultants

496

Table 2



ITEM BASIS RATE QU

XR08168\J l80186 Geosyntec Consultants

497

XR08168/ JLSO 186

Table 3


INDIAN RIVER COUNTY CLASS I LANDFILL vERTICAL EXPANSION

Comments

ITEM BASIS RATE QUANTITY E~~~::D

hr

Subtotal Technical/Administrative Services $414


498

Table 4

BUDGET ESTIMATE

DESIGN, PERMITTING & CONSTRUCTION SERVICES

INDIAN RIVER COUNTY CLASS I LANDFILL vERTICAL EXPANSION

PHASE 6, TASK 1: Construction Documents

ITEM BASIS RATE QUANTITY ESTIMATED BUDGET

~~A~~~j ~ ""~ "l~ll'-~ ~ ··:,: ~ a. Principal hr $189 I $189

b. Associate hr $179 10 $1,790

c. Senior Project Engineer hr $158 0 $0

d. Project Engineer hr $125 15 $1,871

e. Engineer hr $109 0 $0

f. Senior Staff Engineer hr $97 20 $1,935

g. Staff Engineer hr $81 0 $0

Subtotal Professional Services $5,785

Milf~"l~JJ~~~~v~~\t~lmilo~~Dfu~'<~'.\fu~n·;tt~~o, ~[:.,A- c ~f?; -~~-~JVfJ\ft "' ·" .-;gr:' _'__ ":·-~ a. CADD Designer hr $115 12 $1,384

b. Senior CADD Operator hr $113 0 $0

c. Drafter/CADD Operator hr $70 15 $1,055

d. Teclmica!l Administrative Assistant hr $79 0 $0

e. Teclmical Word Processor hr $80 3 $241

f. Clerical hr $48 2 $97

Subtotal Technical/Administrative Services $2,776

~1'Wl- -- ~(7·~~~--~ a. Lodging day $100 0 $0

b. Per Diem day $21 0 $0

c. Communications Fee 3% labor 0,03 $8,560 $257

d. CADD Computer System hr $15 27 $405

e. Vehicle Rental day $150.00 0 $0

f. 8.5 11xll 11 Photocopies each $0.12 600 $72

g. CADD Drawings each $3 40 $120

Subtotal Reimbursables $854 ~-<; ,~,," ·o' ·',;.·,··~'1 ''""'-\li'~""''c;:;, Jltrillll;"iJJDW'If~ ~ ' ~,~~~·~~


499

Table 5



PHASE 6 TASK 2: Construction Cost Estimate

ITEM BASIS

XR08168\JL80186

RATE ESTIMATED

BUDGET


500

XR08168\JL80186

Table 6



ESTIMATED

Subtotal Professional $11,159


501

Table 7



PHASE TASK2: Construction

ITEM BASIS RATE ESTIMATED

QUANTITY BUDGET


502

XR08168\JL80186

Table 8



ITEM BASIS RATE ~lTTT'J I ESTIMATED BUDGET


503

ATTACHMENT 2

PROJECT SCHEDULE

504 !

CJ'1 0 CJ'1

Project Schedule for Vertical Expansion and Partial Closure of Segment 2 and lnfill

Indian River County Board of County Commissioners meeting ...

Documents

Transcript of Indian River County Board of County Commissioners meeting ...