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HomeMy WebLinkAbout10/22/2013AP FF PROCLAMATION CELEBRATING THE GARDEN CLUB OF INDIAN RIVER COUNTY 85TH ANNIVERSARY WHEREAS, The Garden Club of Indian River County was organized on March 31, 1928 and became a member of the Florida Federation of Garden Clubs in 1933 consisting of a corporation with a Board of Directors composed of the Officers elected by the general membership, Circle Presidents and the chairmen of committees; there are currently 230 members in nine circles; and WHEREAS, the purpose of the Garden Club is to further the education of its members and the public in the fields of gardening, floral design, horticulture, botany and landscape design; and WHEREAS, the Club also studies and aids in the protection of native plant and bird life, encourages county beautification through all available agencies, and supports and practices conservation of natural resources; and WHEREAS, monies raised by the Garden Club are reinvested in the community as part of their civic projects. Schools, parks and other non-profit organizations have been the recipients of trees and other landscape materials. Some of the organizations benefitting from the Garden Club's donations include Riverside Theater, Vero Beach Museum of Art, The Samaritan Center, the Vero Beach High School, Gifford Youth Activities Center, and the Sun Up Center, the North Aquatic Center, Osceola Magnet School, Camp Heaven, Shining Light Garden, the Environmental Learning Center, Pelican Island National Wildlife Refuge, McKee Botanical Garden, we offer scholarships to students at the University of Florida, Indian River State College and Wekiva Youth Camp. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board congratulates the members of the Garden Club of Indian River County in celebrating 85 years. Adopted this 22"d day of October, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA 'V C�— Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan �ORIO�' Bob Solari Tim Zorc 1 10/2x^2013 More Violins - Less Violence Better Tomorrows eo Mgt !,TTIZ TEENS THEME: OFF THE STREET ON THE STAGE 1 10/23/2013 August 2003 1 st Class Follow the girl in red ... , i Js 4.6 The Girl in Red is Now in Green 2 10/23/2013 The Girl in Red is now in Black 3 10/23/2013 111 Chair Violinist with Vero Beach High School Symphonic Orchestra R rf ... and in the pink M a 4 10/23/2013 Commissioner Zorc • I have a very special message for you from Sukesha Crosdale. She is our first high school graduate who at University of North Florida studying Violin and Business Finance. She is also creating her own GYO there. Commissioner Zorc • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 2, 2013 at the Emerson Center at 2:00. We are asking you to invest $25 for the reception or $50 if you bring your lovely wife, Laura! 5 10/23/2013 r y�r c y O'Bryan ... He's OK ! • Tries to do the things that he sees that the people want. • A long time ago I told him, "Don't give me what you think I need, let me tell you what we need. He said, "Whatever you all think you need, let me know ahead and I will try to accomplish those things" • The Gifford Youth Orchestra is something the residents of Gifford asked for. 6 10/23/2013 Did Gifford ask for the program Yes. In two ways: The Neighborhood Action Plan and Annie Powell Annie Powell and Her Team 1 ' wldi "t 7 10/23/2013 What Did Gifford Ask For in 2003? • What will be the impact on the goals of the neighborhood action plan? 1. In the Action plan, the Community Goals Matrix lists several goals that Gifford plans to reach by the year 2007, such as: • A. a greater sense of community pride • B. increase in the number of county recreational and cultural organizations that conduct activities in Gifford, and • C. greater community involvement with schools "I would teach children music, physics and philosophy; but most importantly music, for the patterns in music and all the arts are the keys to learning." f —Plato 8 10/23/2013 v s i g.r f The Parents, Staff, and GYO Board Sends this Message to You, Commissioner O'Bryan Commissioner O'Bryan You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 2, 2013 at the Emerson Center at 2:00. We are asking you to invest $25 for the reception or $50 if you bring your lovely wife, Susan! 9 10/23/2013 Wesley Davis • Wesley Davis — That's my man! His Daddy raised him proper. I've known him since he was a little boy. His daddy owned the fruit grove I worked on in Wabasso. "I know you will do what you know is the right thing to do!" Mission Statement Incorporated July 2010 f 10 10/23/2013 Right and Proper • Right and Proper to be an organized activity. • Mission Statement • Non Profit 501© 3 Corporation Gifford, Florida Youth Orchestra, Inc. Mission Statement 11 AW t:F!1, KA As a contribution to the idea of breaking the cycles of poverty, our mission is 11 10/23/2013 To provide education, experience, and training in various cultural and performing arts, including music, drama, dance, and the vocal arts for the youth of Gifford, Florida (and neighboring Indian River County communities), with a core focus on mastering stringed instruments. Y Y r Commissioner Wesley Davis ... this is for you ... 12 10/23/2013 Commissioner Wesley Davis • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 2, 2013 at the Emerson Center at 2:00. We are asking you to invest $25 for the reception or $50 if you bring your whole family! Victor Hart Speaks Again Commissioner Bob Solari -- That's my boy. He's alright. He is going to support whatever he thinks is in the best interest of the people. Oh, yes, he will love the kid's slogan: Off the street on the stage! 13 10/23/2013 GYO Beginners -- We invite you Mr. Solari i &V A l� Ms. Joan Haar, Music Director, invites you ... a t Paw . s '�i i t It A I 14 10/23/2013 Us, too! 15 �=z - ■ e } 10/23/2013 3 AOLM t I � I k �d Zv F, Y. 16 10/23/2013 Commissioner Bob Solari • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2:00. We are asking you to invest $25 for the reception or $50 if you bring your lovely wife, Jackie! Victor Hart ... "I don't know much about the next fellow, he is a new young man ..." So ... Joseph E. Flescher - District 2 County Commissioner ... We want to turn that around ... 17 M pp -1 O N M N O 00 lklo s • I l Qom . 10/23/2013 k�d ic;ifs4i RA 4 y w� V3 � s 4� ,t yli a F� II J�y"�14III1 �- x a Ay(, S { 19 M O `- N O N M N O -�:s, 10/23/2013 3 f, 21 10/23/2013 jw � J r r .w z, 51 4 I f e h J... 1 i s 22 10/23/2013 F 4.. k �3 6 � f 23 M -1 R* O N N M N O r. >- F s re � t K 10/23/2013 a + a y C RCHESTR goo 4 II li e We, the young people in the Gifford Youth Orchestra, We don't know you, but we wish we did, so we ... invite you ... 25 10/23/2013 Commissioner Joe Flescher • You are cordially invited to attend and enjoy the Gifford Youth Orchestras 10th Anniversary on November 2, 2013 at the Emerson Center at 2:00. We are asking you to invest $25 for the reception or $50 if you bring your lovely wife, Rosemary! OR- CH-ES . . RA 26 10/23/2013 .� r �o . R � H ,.1 . e So,I want to say thank you,thank you,thank you from the bottom of my heart because playing music is my life and I can not live without it. I didn't realize it until I got in the orchestra but I found that music is a part of me. My desire is that you will continue to support the Gifford Orchestra. Words can't express properly want it has done for me and the others. • Our stories are different • but the results are same ...we found our love for music... 27 10/23/2013 Gifford Youth Orchestra's 101h Anniversary • November 2, 2013 • At the Emerson Center • 2:00 p.m for Reception • 159027 th Avenue • 3:00 p.m. for Program • Corner 27th Avenue and 16th Street Off the Street ^" On the Stage What is our most immediate need? $900 for bows for our concert ... and For you to know who we are So next year you will include us in the Indian River County Budget 28 10/23/2013 -More Violins ^' -Less Violence N -Better Tomorrows" Off the Street On the Stage ! 29 More Violins ^' Less Violence ^' Better Tomorrows More Violins fw Less Violence ^' Better Tomorrows � � P3 TEENS THEME : OFF THE STREET ON THE STAGE � 1 a Cd oil! IM. ESN co O cq • bJD k J 3 Z vv i - a • • A al c , r �`� k<'t * ��i._ ��} j � ♦ � ate 3 ! t t - Aj - r v k 1�,��j sky ...-_- 5' t V a� + a k � W YM� w� M { Y V ... e. �4 „� 'BLL V;,4�i ffi� •_ 9 r a •� d { i� } 1St Chair Violinist with Vero Beach High School Symphonic Orchestra s ll 1 ea 4-J ro Commissioner Zorc • I have a very special message for you from Sukesha Crosdale. She is our first high school graduate who at University of North Florida studying Violin and Business Finance. She is also creating her own GYO there. Commissioner Zorc • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 212013 at the Emerson Center at 2:00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Laura! k`� B �§f Cr W Cxiyp•� bv, at e`va b e Vfi� its r Two a-51 , �_ O' Bryan . . . He's OK ! • Tries to do the things that he sees that the people want. • Along time ago I told him, "Don't give me what you think I need, let me tell you what we need . He said "Whatever you all think you need, let me know ahead and I will try to accomplish those things :' • The Gifford Youth Orchestra is something the residents of Gifford asked for. n co +� z Q 1 1 Yom. ^K. �Q :ti xi t � t t�'� FF,�f 6 .�r �h y •Ag {4Rt tp I r' r �' *.+ i�{'ea What Did Gifford Ask For in 2003 ? • What will be the impact on the goals of the neighborhood action plan ? • 1. In the Action plan, the Community Goals Matrix lists several goals that Gifford plans to reach by the year 2007, such as: • A. a greater sense of community pride ' B. increase in the number of county recreational and cultural organizations that conduct activities in Gifford, and • C. greater community involvement with schools "I would teach children music, physics and philosophy; but most importantly music, for the patterns in music and all the arts are the keys to learning:' — Plato �,a.•,-.:� ��a,`�a^� �A������� gin,s� �'ti t� y 1 +. v x� g ro `F hfk r:p'ss `:h4 `Xa .. u ................ 70 b F W y, s Y a b "'y Commissioner O ' Bryan • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21, 2013 at the Emerson Center at 2 :00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Susan ! Wesley Davis • Wesley Davis — That's my man ! His Daddy raised him proper. I've known him since he was a little boy. His daddy owned the fruit grove I worked on in Wabasso . "I know you will do what you know is the right thing to do ! " Mission Statement Incorporated July 2010 u, q Right and Proper • Right and Proper to be an organized activity. • Mission Statement • Non Profit 5010 3 Corporation w 1 T '.Nk r 5�. W pR.•- f, ya„, — � O Commissioner Wesley Davis • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2:00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your whole family! Victor Hart Speaks Again Commissioner Bob Solari -- That's my boy. He's alright. He is going to support whatever he thinks is in the best interest of the people . Oh, yes, he will love the kid's slogan : Off the street on the stage ! • v 1��� #s+�'f fah � fT �'� Y t ' r ' O y r I V l n� rW .lam W O V Ms . Joan Haar, Music Director, invites you . . . YiollclIES RA • ry s aP !aa aN y`� . > \ ¥ . . �2 . � 4mJ ' �� ��� :�ti� �: ,q,�y ..y 7'�d� II�x � fi, �-,� .: 8 � � a �_`� A i ij+_ D ' I • ar �E'v' • *_ 1 f k ; .., i �, .. :.. �4 � s F, F`-e ���'. v � } �" <A� .;:� _ �. .�� �_ _ � ����j�'��'h�II�I� 'II ._ � �� � z: 1 �h�ti ...., . : "�, a, =;5 � .. !� �<��� F � , i�� es:,. k:s �� � ". t � ,� i . . ate+. � '.' ' "�,, � � ��� 4 �,�� .�».,. �� ...�.... _. _.�r �,�:. — � ,{ _., � '�,� .,,�,, {. �• j, ,�', -. -;rte .. ,, �: r � w � e r � ; •. 14,u �� 4 �t � j{ �,e �t e� � '{ � � A� '' 4_.��Q.�_w �� � ' ���,.. >> Y �. ._, - ,�� '' a�-;y.. �� it z �� M Y b� �i t84 E 3� ` 4 ^ } 1a Film'. l s tC. � ws, ti a 0. E '4i � '� s 6 1 zx L t ht'`p Fy#.� tly" r 'i - ! .,... t . h t t t , 3 E ^ w" � R S 'lA Y ' i i Commissioner Bob Solari • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2 :00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Jackie ! Victor Hart . . . " I don't know much about the next fellow, he is a new young man . . ." So ... Joseph E. Flescher '%P District 2 County Commissioner ... We want to turn that around ... 00 r �O N d1 N � s' � #p Y ,�y 1 ' �• 11 y '•y"?3a>3.�tv�}�i�at; �a�k°�:. f a•�y„ ,,; r' a � � �� k ��Y. � �4'F 4:. .. a .. e k. a ew g uke e .u7r -r a i s. fi "" l S � a x p.r rr r r t� Yom: a �v C tea_ p� I S � � 4 ti 7777 "S. l�' k � sski d fir 7G .��"'' ... b' s. �:♦� ,._ M✓ .,.I�m. .. .� .iF t 5 a t ti 1 r { l r�� r C a a , i M1 vs s i,tai R. i r'1W, 3 a a OC f � g o IliINRIRr r 3 k s ` e `� iY �3 Y. �?E�iW:I �'F4{.�Y3 E +Sr �••F'..., f� �� �k� � . w v. 71 �� v,..:ea �_.,_ `t i'_. �y � a� a'�. 3L n _ � '� �� _!�° ��� �,.. } y.+. :� � � �\� '",�f € � d♦ t:�.% �� �, �►< �tlR (n y � � : � , � :� � > t � � ��. ��". V � r � � �"^: +>ip' n,.., �1 `.:� � t �� J+� k t ~ �f �{ Y �' .P� ;�,�� a a: T �"alt ,, � ti,.� � _, � ,r i:i t' . ,� e:;: � ,.. } ��� ,fit � c+y` r �, �' i � _ .1P. s� _� �� 3 R i] a 3 �y N' P a. ." { s Mum ii owl mom jo �t 4; � � y y � dill Af ry r u 3f 3 �S y » �, . . :. . . . � � �m a , s. y: 113 'i LF VIII III k - i� 3'h5 7 E� r�. 3 IRMI cr uj ,. 400 1 - L' a t .F ;Ju. kftW s " . . b " We, thegpeople oun in the Gifford Youth Y Orchestra, We don't know you, but we wish we did, so we ... invite you ... Commissioner Joe Flescher • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2:00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Rosemary! j� i U .KCHESn ' RA �' i AA— 1 i 5-,F, / iv ot JF 4e YP xi, t w . A� v V` So, I want to say thank you, thank you, thank you from the bottom of my heart because playing music is y life and I can not live without it. I didn't realize it until I got in the orchestra but I found that music is a wart of me. My desire is that you will continue to support the Gifford Orchestra. words can't express properly want it has dome for me and the others. Our stories are different y but the results are same ... e found our love for music. . . chanfe, °p Gifford Youth Orchestra 's 10t" Anniversary • November 2, 2013 0 At the Emerson Center • 2:00 p.m for Reception 0 159027th Avenue • 3:00 p.m. for Program 0 Corner 27t" Avenue and 16tH Street Off the Street ^' On the Stage What is our most immediate need ? $ 900 for bows for our concert . . . and For you to know who we are So next year you will include us in the Indian River County Budget More Violins ^' Less Violence e%j ^' Better Tomorrowsf",j Off the Street On the Stage ', More Violins ^' Less Violence ^' Better Tomorrows AL TEENS THEME : OFF THE STREET ON THE STA GE CdMAM TEN M O O N 4JWO •� m N h 41` ...t\ E r k IIID i f Ytl d M I Me til � O zI�k � � 3 11 'Ill �•�� K �� III r s, z � V �2 C6 9 O Fk I p�„ ,i { l � �� ls' Chair Vwith Vero Beach H School SOrchestra � 22 s»gym � �\ � � • � �.� W ,._..,,m.._��.. ,�., �, i • � �.�.: • �� � � � �� � � �'�� =„ Commissioner Zorc • I have a very special message for you from Sukesha Crosdale. She is our first high school graduate who at University of North Florida studying Violin and Business Finance. She is also creating her own GYO there. Commissioner Zorc • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2 :00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Laura! 9: v °fir �' ° l4�• O " Bryan . . . He's OK ! • Tries to do the things that he sees that the people want. • Along time ago I told him, "Don't give me what you think I need, let me tell you what we need . He said, "Whatever you all think you need, let me know ahead and I will try to accomplish those things:' • The Gifford Youth Orchestra is something the residents of Gifford asked for. Y„ H �N\ M i ~ O O Cis o -= no � Z Q Annie Powell and Her Team F y'laa � P d Z, L mss, i, y s What Did Gifford Ask For in 2003 ? • What will be the impact on the goals of the neighborhood action plan? • 1. In the Action plan, the Community Goals Matrix lists several goals that Gifford plans to reach by the year 2007, such as : • A. a greater sense of community pride • B. increase in the number of county recreational and cultural organizations that conduct activities in Gifford, and • C. greater community involvement with schools "I would teach children music, physics and philosophy; but most importantly music, for the patterns in music and all the arts are the keys to learning:' — Plato tlll; liu f , i r 17 The Parents, Staff, and GYO Board Sends this Message to You , Commissioner O" Bryan Commissioner O' Bryan • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21 2013 at the Emerson Center at 2 :00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Susan ! Wesley Davis Wesley Davis — That's my man ! His Daddy raised him proper. I've known him since he was a little boy. His daddy owned the fruit grove I worked on in Wabasso . "I know you will do what you know is the right thing to do ! " 0 Volk— Mission Statement Incorporated July 2010 � I Right and Proper • Right and Proper to bean organized activity. • Mission Statement • Non Profit 5010 3 Corporation Gifford, Florida Youth Orchestra, Inc. Mission Statement 4 t• y C)iitiif As a contribution to the idea of breaking the cycles of poverty, our mission is To provide education, experience, and training in various cultural and performing arts, including music, drama, dance, and the vocal arts for the youth of Gifford, Florida (and neighboring Indian River County communities), with a core focus on mastering stringed instruments. a v Oli.CH ji. i f fm �µ T. Commissioner Wesley Davis .. . this is for you ... Commissioner Wesley Davis • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 21, 2013 at the Emerson Center at 2 :00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your whole family! Victor Hart Speaks Again Commissioner Bob Solari -- That's my boy. He's alright. He is going to support whatever he thinks is in the best interest of the people . Oh, yes, he will love the kid's slogan : Off the street on the stage ! L 0 LO L i 0 ti j T I =y V •�MMA ^[ u , M(I W ` 110 V Ms . 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We are asking you to invest $25 for the reception or $50 if you bring your lovely wife, Jackie ! Victor Hart . . . " I don't know much about the next fellow, he is a new young man . . ." So ... Joseph E . Flescher "' District 2 County Commissioner ... We want to turn that around G. C a»a „ , ,. .. ..�" vs S l 9' Y �6 3 �r � s s t V I Ili " r Rm it \q OS } p,JO sz. " a AK •�,. °. •,, � muWuvlvy� . �f ,yq,£:,, I+ �i + ��''�.. i i l „...� (j/[/n / �/ R ��•. 1 `\ a, Z r iiilil'�I III h� V sm TWO , ' s 1 s. e 3a y 3 e � 9 k Y n � k � �S `D � Y M g4, � a:3 �w zt z x; i s .a, i _y f bra k 3 lei pyIIII E E : �nE 31 #Nyj �c Ai o � ry ted«, ._. . : 2 3F a % v pa I � j now CP KA A Ml AW T prll � r�l �u'��I�IV V i � m � � 3 A .. �e �,,, �� � � � 1efv��^ r"�"' _ 1 �"' � ^�^� �� � �'^^.�� x..x '*� ' ;� h �s�b^ v dtµ�r.�C;+ -- � '4x mak::.: 'Ei re.;,��1 ,„g� P --�..._, � �,. r C ft�,- �. €� '_ r: ly. . _m � \ .�.7 , �y / � .�%\ \ . . \ ��/- . . .. 2 � .< �� , � yy , � ^ ° . �� �����( ( � � � � \ƒ � � � ± � �� �\ ��� �° : _ y� y> . . . < : . . §. � ©~ ° «<�«»� . ���� �« � ���, : . . .. .. . £ � � � . . . . . � £ �', � � y M s Zt a,km Ws � 44 v k H E T v sq v* V ' +ate e � Yr, 'VA We, Wthegpeople oun in the Gifford Youth y Orchestra, We don't know you, but we wish we did, so we ... invite you ... Commissioner Joe Flescher • You are cordially invited to attend and enjoy the Gifford Youth Orchestra's 10th Anniversary on November 2, 2013 at the Emerson Center at 2:00. We are asking you to invest $ 25 for the reception or $ 50 if you bring your lovely wife, Rosemary! ORCHES RA w 4 t E ti� $g q v ai szc s"S gyp 3 ;ate z4 �i r So, I want to say thank you, hank you, thank you from the bottom of my heart because playing music is my life and I can not live without it. I didn't realize it until I got in the orchestra but I found that music is a part of me. My desire is that you will continue to support the Gifford Orchestra. words can't express IV properly want it has done for me and the others. • Our stories are different but the results are same ...we found our love for music. . . Gifford Youth Orchestra 's 10t" Anniversary • November 2, 2013 0 At the Emerson Center • 2:00 p.m for Reception 0 159027th Avenue • 3:00 p.m. for Program 0 Corner 27th Avenue and 16tH Street Off the Street ^' On the Stage What is our most immediate need ? $ 900 for bows for our concert . . . and For you to know who we are So next year you will include us in the Indian River County Budget ^' More Violins ^' Less Violence '-*' Better Tomorrows^-# Off the Street On the Stage .' K�Like P Twect Share Click to view this email in a browser October 0000 AL 10 , Indian River County Chamber of Commerce,FIL s it llC�lal1 River COttI1I}� CnamOr+o Commerce +•�. M•� ���� INDIAN RIVER CHAMBER LAUNCHES NEW WEBSITE DESIGNED TO ATTRACT BUSINESS With dynamic data and sophisticated mapping technology, India nRive rSites.com makes the city more competitive for business VERO BEACH. FL- October 2013- The Indian River County Chamber of Commerce Economic Development office has launched www.indianRiverSites.com to simplify the site selection through a database of available properties and detailed demographic information.The site uses GIS Planning's national site selection search engine,ZoomProspector,and Google Maps technology.It provides immediate access to critical business intelligence that corporate site selectors and business owners need to make their investment decisions. Nearly all business owners and site consultants(98%)use the Internet as a search tool to help them make location decisions-especially small business owners who often conduct research after business hours and on weekends.The website delivers economic development services all-the-time in real-time,with access to site- specific demographic and workforce data reports plus market and business analysis. "This is an exciting new tool to increase awareness and direct business and site selectors to Indian River County",comments Joe Flescher,Chairman of the Indian River County Board of County Commission."It also affords new and existing business owners the opportunity to explore potential new business relationships in Indian River County:' "Our priority is to attract and retain full-time high-wage jobs in Indian River County",adds Helene Caseltine, Economic Development Director at the Chamber."Economic development is a highly competitive process. This new site gives us a competitive advantage by providing business owners the tools they need when making decisions about where to locate or expand." All property listings are cross-posted on Zoom Prospector.com,BusinessFacilities.com,and BXJmag.com so site selectors and companies worldwide will know Indian River County is"open for business".Florida Power& Light has partnered with GIS Planning by providing the primary economic development offices in their region free access to this service.GIS Planning Hers online economic development solutions to over 13,000 U.S. cities in 42 states.Brokers with non-residential listings in Indian River County should call Helene Caseltine at the Chamber,772-567-3491,if they have not already signed on to this FREE program.New listings,from existing to build-to-suit sites,can be added at any time. Visit the website 2 About Indian River County Chamber of Commerce About GIS Planning,Inc. The Indian River Chamber of Commerce represents GIS Plannina is the world leader in online economic over 850 businesses and thousands of employees. development solutions. Over 13,000 U.S.cities in 42 While providing promotion of Indian River County,we states are served by GIS Planning's Geographic provide our membership and the community with Information System(GIS)Software,which provides valuable and timely information and services to keep real estate,demographic and industry data to help site our county competitive far into the future.We are a selection professionals. GIS Planning invented focal point for positive leadership,commitment to Zoom Pro spector.com.a free website that enables progress,cooperation and partnership.The companies to identify the best locations to start-up. Chamber's success is a credit to the many dedicated expand.or relocate. GIS Planning is an exclusive Chamber volunteers who help implement our artner of the International Economic Development programs through their work on our committees and Council,and has been on the Inc.5000 list for the task forces. past five years. Visit the Indian River County Chamber of Commerce Visit the GIS Plannino website website Tel:(772)567-3491 ext.121 Email:HeleneCaseltineat You will only receive this special notice once and not be sent luture e-mails. However,it you want to make sure you never receive these emails. please reply to this message with"Unsubscribe"Unsubscribe Click her.t:oforward this email to friend Indian River County Chamber or Commerce 1216 21 st St., EMAIi SOCIA! Vero Beach ,FL 32960 �°eRiCBlis��zsss USA Read the VenicalResponse marketing policy. 3 i' JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street Vero Beach, Florida 32961-1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: October 10, 2013 SUBJECT: APPROVAL OF WARRANTS October 4, 2013 to October 10, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of October 4, 2013 to October 10, 2013. Attachment: DB: MS 4 CHECKS WRITTEN (w CHECK NBR CK DATE VENDOR AMOUNT 303849 10/10/201: CHERYL DOYLE 377.00 303850 10/10/201: GRACES LANDING LTD 1,335.00 303851 10/10/201: LINDSEY GARDENS APARTMENTS 2,260.00 303852 10/10/201: RIVER PARK ASSOCIATES 306.00 303853 10/10/201: TREASURE COAST HOMELESS SERVICES 335.00 303854 10/10/201: PINNACLE GROVE LTD 630.00 303855 10/10/201: VERO CLUB PARTNERS LTD 2,896.00 303856 10/10/201: THE PALMS AT VERO BEACH 988.00 303857 10/10/201: PELICAN ISLES LP 809.00 303858 10/10/201: INDIAN RIVER RDA LP 484.00 303859 10/10/201: AHS HOLDINGS GROUP LLC 634.00 303860 10/10/201: DANIEL CORY MARTIN 541.00 303861 10/10/201: ALCURT VERO BEACH LLC 1,351.40 303862 10/10/201: PORT CONSOLIDATED INC 462.13 303863 10/10/201: STURGIS LUMBER&PLYWOOD CO 51.21 303864 10/10/20L FLORIDA DETROIT DIESEL ALLISON 1,897.99 303865 10/10/201: JORDAN MOWER INC 1,884.76 303866 10/10/201: TEN-8 FIRE EQUIPMENT INC 2,289.91 303867 10/10/201: RANGER CONSTRUCTION IND INC 311,051.88 303868 10/10/201: VERO CHEMICAL DISTRIBUTORS INC 1,176.50 303869 10/10/201: COPYCOINC 194.24 303870 10/10/201: PALMDALE OIL COMPANY INC 577.32 303871 10/10/201: RICOH USA INC 31.96 303872 ]0/10/201: ALARM PARTNERS 122.16 303873 10/10/201: CHISHOLM CORP OF VERO 5,581.02 303874 10/10/201: RUSSELL CONCRETE INC 3,531.00 303875 10/10/201: SEWELL HARDWARE CO INC 15.96 ® 303876 10/10/201: E-Z BREW COFFEE&BOTTLE WATER SVC 17.48 303877 10/10/201: SAFETY KLEEN SYSTEMS INC 265.70 303878 10/10/201: JACOBS GROUP INC 1,724.62 303879 10/10/201: AMERIGAS EAGLE PROPANE LP 130.00 303880 10/10/201: AMERIGAS EAGLE PROPANE LP 1,770.81 303881 10/10/201: DAILY COURIER SERVICE 1,309.75 303882 10/10/201: INDIAN RIVER MEDICAL CENTER 217.65 303883 10/10/201: DUVAL FORD 30,664.00 303884 10/10/201: KSM ENGINEERING&TESTING INC 850.00 303885 10/10/201: HD SUPPLY WATERWORKS, LTD 4,138.00 303886 10/10/201: EGP INC 351.25 303887 10/10/201: JAMAR TECHNOLOGIES INC 98.15 303888 10/10/201: PROFORMA IMAGING 311.16 303889 10/10/201. TIRESOLES OF BROWARD INC 285.00 303890 10/10/201: CENTER POINT INC 215.10 303891 10/10/201: MORNING STAR PERSONILIZED APPAREL INC 150.00 303892 10/10/201: BARTH CONSTRUCTION INC 129,934.11 303893 10/10/201: CARTER ASSOCIATES INC 3,115.00 303894 10/10/201: MYRON L COMPANY 523.82 303895 10/10/201: XEROX CORP SUPPLIES 233.46 303896 10/10/201: GENERAL PART INC 159.19 303897 10/10/201: BLAKESLEE SERVICES INC 710.00 303898 10/10/201. BAKER&TAYLOR INC 877.98 303899 10/10/201: ALL COUNTY MOWER AND EQUIPMENT CORP 1,079.95 303900 10/10/201: BRANDTS APPLIANCE SERVICE INC 84.00 303901 10/10/201: MIDWEST TAPE LLC 424.60 303902 10/10/201: LOWES CO INC 198.01 303903 10/10/201: K&M ELECTRIC SUPPLY 38.95 303904 10/10/201: SOFTWARE HARDWARE INTEGRATION 289.00 303905 10/10/201: SUNSHINE REHABILATION CENTER OF IRC INC 15.00 303906 10/10/201: PAUL JULIN 500.00 1 S CHECK NBR CK DATE VENDOR AMOUNT 303907 10/10/201: PING INC 400.12 4600 303908 10/10/201: CLERK OF CIRCUIT COURT 36.46 303909 10/10/201: CITY OF VERO BEACH 16,327.36 303910 10/10/201: CITY OF VERO BEACH 90.02 303911 10/10/201: COMPBENEFITS COMPANY 211.36 303912 10/10/201: COLONIAL LIFE&ACCIDENT INS CO 105.96 303913 10/10/201: AMERICAN FAMILY LIFE ASSURANCE CO 14,422.38 303914 10/10/201: AERC,COM INC 7,865.35 303915 10/10/201: UNITED PARCEL SERVICE INC 87.06 303916 10/10/201: L B BRYAN&COMPANY 19,951.00 303917 10/10/201: UNITED STATES POSTAL SERVICE 224.00 303918 10/10/201: FLORIDA GOVERNMENT FINANCE 150.00 303919 10/10/201: TREASURE COAST REGIONAL PLANNING 58,162.66 303920 10/10/201: FLORIDA EAST COAST RAILWAY LLC 14,068.86 303921 10/10/201: JANITORIAL DEPOT OF AMERICA INC 1,386.28 303922 10/10/201: OMR CORP 2,750.00 303923 10/10/201: WAL MART STORES EAST LP 54.26 303924 10/10/201: FLORIDA DEPT OF AGRICULTURE AND 400.00 303925 10/10/201: ROGER CLEVELAND GOLF INC 194.97 303926 10/10/201: FLORIDA WATER&POLLUTION CONTROL 180.00 303927 10/10/201: GEOSYNTEC CONSULTANTS INC 5,716.46 303928 10/10/201: INDIAN RIVER HABITAT 2,772.66 303929 10/10/201: INDIAN RIVER HABITAT 79.40 303930 10/10/201: MUNICIPAL CODE CORPORATION 1,301.77 303931 10/10/201: AFFORDABLE LAND SERVICES INC 500.00 303932 10/10/201: TIMOTHY ROSE CONTRACTING INC 24,999.00 303933 10/10/201: TRAFFIC PARTS INC 235.50 303934 10/10/201: CALLAWAY GOLF SALES COMPANY 130.00 303935 10/10/201: FLORIDA POWER AND LIGHT 1,714.28 303936 10/10/201: FLORIDA POWER AND LIGHT 8,383.26 303937 10/10/201: FLORIDA POWER AND LIGHT 1,908.30 303938 10/10/201: FLORIDA POWER AND LIGHT 3,254.53 303939 10/10/201: ACUSHNET COMPANY 186.50 303940 10/10/201: NIKE USA INC 1,109.59 303941 10/10/201: MELECH BERMAN 500.00 303942 10/10/201: TAYLOR MADE GOLF CO INC 2,014.00 303943 10/10/201: GIFFORD YOUTH ACTIVITY CENTER INC 6,700.49 303944 10/10/201: CITY OF FELLSMERE 157.26 303945 10/10/201: KENNETH CAMPBELL SENIOR 180.00 303946 10/10/201: PUBLIC RISK MANAGEMENT ASSOCIATION 385.00 303947 10/10/201: GLOBAL GOLF SALES INC 162.94 303948 10/10/201: CATHOLIC CHARITIES DIOCESE OF PALM BCH 850.00 303949 10/10/201: HIBISCUS CHILDRENS CENTER 2,500.00 303950 10/10/201: STRUNK FUNERAL HOMES&CREMATORY 425.00 303951 10/10/201: JOSEPH A BAIRD 436.69 303952 10/10/201: FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,000.00 303953 10/10/201: VTECH INC 190.00 303954 10/10/201: COX GIFFORD SEAWINDS 1,275.00 303955 10/10/201: FIRST CHURCH OF GOD 1,268.00 303956 10/10/201: NOTARY PUBLIC UNDERWRITERS INC 104.52 303957 10/10/201: BE SAFE SECURITY ALARMS INC 120.00 303958 10/10/201: UNIVERSITY OF CENTRAL FLORIDA 70.00 303959 10/10/201: GERALD A YOUNG SR 120.00 303960 10/10/201: GIFFORD COMMUNITY CENTER 520.72 303961 10/10/201: HENRY SMITH 126.00 303962 10/10/201: ALAN C KAUFFMANN 80.00 303963 10/10/201: G K ENVIRONMENTAL INC 6,893.50 303964 10/10/201: THE FLORIDA BAR 430.00 303965 10/10/201: CLEAR ZONE MAINTENANCE INC 2,750.00 303966 10/10/201: WESTSIDE REPROGRAPHICS OF VERO BEACH INC 30.00 2 6 CHECK NBR CK DATE VENDOR AMOUNT 303967 10/10/201: COMCAST 40.10 303968 10/10/201: COMCAST 120.88 303969 10/10/201: BANK OF NEW YORK 900.00 303970 10/10/201: ADVANCED XEROGRAPHICS IMAGING 4,420.41 303971 10/10/201: JEFF WEST 72.00 303972 10/10/201: IDEA GARDEN ADVERTISING 150.00 303973 10/10/201: DONADIO AND ASSOCIATES ARCHITECTS 17,895.56 303974 10/10/201: C&C ELECTRIC WORKS INC 5,822.00 303975 10/10/201: SIMPLEXGRINNELL LP 1,0]1.79 303976 10/10/201: LOC PUMP&EQUIPMENT CO OF FL 950.00 303977 10/10/201: ST LUCIE COUNTY BOCC 74,073.00 303978 10/10/201' MARONDA HOMES 71.09 303979 10/10/201' POSITIVE PROMOTIONS 269.70 303980 10/10/201: CELICO PARTNERSHIP 1237.24 303981 10/10/201: , TMQ INC 475.00 303982 10/10/20L DOWN UNDER TANK TESTING OF AMERICA 1,820.00 303983 10/10/201: ALLSTATE 1,239.49 303984 10/10/201: CONTROL SYSTEMS DESIGN INC 3,400.00 303985 10/10/201: VAN WAL INC 363.00 303986 10/10/201: JOSEPH W VASQUEZ 100.00 303987 10/10/20L COMPLETE CLEANING SERVICE 1,466.25 303988 10/10/201: SHERWIN WILLIAMS CO 18,250.00 303989 10/10/201: JOHNS EASTERN COMPANY INC 20,343.50 303990 10/10/201: NEW WORLD SYSTEMS CORPORATION 30,250.00 303991 10/10/201: COPYTRONICS INC 5,724.36 303992 10/10/201: PAK MAIL CENTER 53.94 303993 10/10/201: MBV ENGINEERING INC 23,237.50 303994 10/10/241: CENTRAL PUMP&SUPPLY INC 122.16 303995 10/10/201: MASTELLER&MOLER INC 8,910.50 ® 303996 10/10/201: BEACHLAND CLEANING SERVICE 837.00 303997 10/10/201: GARY L EMBREY 60.00 303998 10/10/201: MARCY SIFFORD 50.00 303999 10/10/201: LARRY STEPHENS 126.00 304000 10/10/201: JOHN DEERE LANDSCAPES 95.65 304001 10/10/201: JOSE RIVERA 100.00 304002 10/10/201: ARDAMAN&ASSOCIATES INC 6,152.25 304003 10/10/201: DAYSPRING 250.00 304004 10/10/201: METRO FIRE PROTECTION SERVICES INC 1,180.00 304005 10/10/201: 1 ST FIRE&SECURITY INC 339.00 304006 10/10/201.' CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 3,312.43 304007 10/10/201: KENNY CAMPBELL JR 160.00 304008 10/10/201: PETER OBRYAN 125.06 304009 10/10/201: PAK MAIL 29.46 304010 10/10/201: COMMUNICATIONS BROKERS&CONSULTANTS INC 10.40 304011 10/10/201: BRIAN WYKOFF 120.00 304012 10/10/201: COMPLETE ALARM INC. 360.00 304013 10/10/201: ANDY SOBCZAK 7.49 304014 10/10/201: JOHNNY B SMITH 206.00 304015 10/10/201: GERMAINE JOHNSON 82.00 304016 10/10/201: MUNICIPAL WATER WORKS INC 4,596.63 304017 10/10/201: KB HOME TREASURE COAST 81.66 304018 10/10/201: DANE MACDONALD 148.00 304019 10/10/201: CHARLES A WALKER 160.00 304020 10/10/201: EAST COAST TREE CO 2,625.00 304021 10/10/201: CEMEX 82.07 304022 10/10/201: GUARDIAN COMMUNITY RESOURCE MANAGEMENT 21,000.00 304023 10/10/201. GUARDIAN COMMUNITY RESOURCE MANAGEMENT 6,000.00 304024 10/10/201: DANIEL IOFFREDO 120.00 304025 10/10/201: SARAMARIA PROVENZALE 60.00 304026 10/10/201: BENNETT AUTO SUPPLY INC 657.14 3 CHECK NBR CK DATE VENDOR AMOUNT 304027 10/10/201: TREASURE COAST FOOD BANK INC 617.61 304028 10/10/201: TREASURE COAST SPRINKLERS INC 3,297.00 304029 10/10/201: MARINCO BIOASSAY LABORATORY INC 2.005.00 304030 10/10/201. GIS SERVICES 556.75 304031 10/10/201: JAMES W STANTON 437.50 304032 10/10/201: K'S COMMERCIAL CLEANING 2,310.00 304033 10/10/201: YOUTH GUIDANCE DONATION FUND 18,245.89 304034 10/10/201: DAVID L HANCOCK 1,406.00 304035 10/10/201: NICOLACE MARKETING INC 414.00 304036 10/10/201: TRITEL INC 198.00 304037 10/10/201: CHRISTINA RIPPLE 147.67 304038 10/10/201: SANDY ARACENA 180.00 304039 10/10/201: ASTRO LLC 59.69 304040 10/10/201: NIC MANAGEMENT LLC 64.28 304041 10/10/201: BLUESTAR FINANCIAL LLC 34.51 304042 10/10/201: LAZENBY&ASSOCIATES INC 1,649.22 304043 10/10/201: LARIAT ENTERPRISES INC 207.43 304044 10/10/201: EVERY FLORIDA HOME 88.19 304045 10/10/201: HELPING ANIMALS LIVE-OVERCOME 27.00 304046 10/10/201: FEDERAL NATIONAL MORTGAGE ASSOCIATION 38.21 304047 10/10/201: FEDERAL NATIONAL MORTGAGE ASSOCIATION 2.26 304048 10/10/201: INEOS NEW PLANET BIOENERGY LLC 261.80 304049 10/10/201: LISA BEZAK 196.91 304050 10/10/201: KEMPER BUSINESS SYSTEMS 11.95 304051 10/10/201: GUETTLER BROTHERS CONSTRUCTION LLC 473,514.94 304052 10/10/201: SAFEGUARD PROPERTIES 27.65 304053 10/10/201: DALE SORENSEN REAL ESTATE 89.04 304054 10/10/201: HIGHERGROUND INC 37,138.63 304055 10/10/201: STEVEN AABBOND 120.00 ® 304056 10/10/201: D R HORTON INC 50.00 304057 10/10/201: TC XPERIENCE GUIDE 79.00 304058 10/10/201: YOUR AQUA INSTRUCTOR LLC 30.00 304059 10/10/201: SAFETY SCHELL CORPORATION 164.25 304060 10/10/201: PACE ANALYTICAL SERVICES INC 4,200.40 304061 10/10/201: JOSEPH CATALANO 40.00 304062 10/10/201: FLORIDA ENVIRONMENTAL CONSULTING INC 4,900.00 304063 10/10/201: RAYMOND J DUCHEMIN 100.00 304064 10/10/201: TAP PUBLISHING COMPANY 651.49 304065 10/10/201: JMC SERVICES INC 710.00 304066 10/10/201: WRIGHT EXPRESS FSC 22,315.94 304067 10/10/201: CHIEFLAND DEVELOPMENT INC 13,715.50 304068 10/10/201: YP LLC 159.00 304069 10/10/201: MILNER DISTRIBUTION ALLIANCE 748.10 304070 10/10/201: JENKINS TRUCKING INC 450.00 304071 10/10/201: GHO SOUTH LAKES CORP 1.21 304072 10/10/201: GHO HOLDINGS CORP 38.29 304073 10/10/201: GENERAL CHEMICAL PERFORMANCE LLC 2,506.45 304074 10/10/201: B&E PROPERTY MAINTENANCE 775.00 304075 10/10/201: AMERICAN CONSUMER PROGRAMS INC 550.00 304076 10/10/201: CENTRAL FLORIDA GOLF CARS INC 827.65 304077 10/10/201: REPROGRAPHIC SOLUTIONS INC 31.68 304078 10/10/201. LABOR READY SOUTHEAST INC 3,471.17 304079 10/10201: COASTAL PLANNING&ENGINEERING 25,397.04 304080 10/10201: CARDINAL HEALTH 110 INC 1,771.18 304081 10/10/201: DAVID J HAESELER 350.00 304082 10/10/201: PRECISION PLASTERING INC 5,800.00 304083 10/10/201: IMPECCABLE SIGNS INC 168.00 304084 10/10/201: UNITED LIGHTING SALES INC 814.80 304085 10/10/201: WILLIAM SHOAF JR 60.00 304086 10/10/201: JUSTIN DEAN PARKER 40.00 4 8 CHECK NBR CK DATE VENDOR AMOUNT 304087 10/10/201: CHARLES MORTON 87.50 304088 10/10/201: US NETSERVICES LLC 1,095.00 304089 10/10/201: FOCAL POINT SERVICES LLC 749.00 304090 10/10/201: VERO BEACH HOTEL&SPA 711.75 304091 10/10/201: LIZ SEESE 50.00 304092 10/10/201: CORTNEY SEAMAN 50.00 304093 10/10/201: MARRERO TEAM.COM 80.69 304094 10/10/201: DAVID STOKES 47.91 304095 10/10/201: DONALD&BONNIE DRISKELL 45.89 304096 10/10/201: LORRI D GROVE 15.27 304097 10/10/201: MARIA HELENA BECERRA 50.00 304098 10/10/201: BRIAN N GONZALEZ 110.18 304099 10/10/201: ELLEN WARSHAW 5.06 304100 10/10/201: CARLOS GONZALEZ 25.68 304101 10/10/201: UNIFORM SHOP 38.43 304102 10/10/201: ADAM SCHOOP 81.34 304103 10/10/201: PAT&ROSE MUSITANO 44.31 304104 10/10/201: DAVID SHAFFER 47.81 304105 10110/201: JUDIE ERWIN 13.30 304106 10/10/201. WILLIAM DI MAGGIO 19.38 304107 10/10/201: MARGARET LEPAGE 50.39 304108 10/10/201: GLENN BELL 115.61 304109 10/10/201: DENNIS BRYAN 20.04 304110 10/10/20L MEGAN DE SOUZA 64.84 304111 10/10/201: PAMELA HOPKINS 41.10 304112 10/10/201: PAMELA CHAVES 76.12 304113 10/10/201: RICHARD&ROSALYNN HANDLER 64.60 304114 10/10/201: CATHERINE ANN HODGENS 28.89 304115 10/10/201: THOMAS&GINA BARTON 29.64 0304116 10/10/201: DAVID GIBSON 12.41 304117 10/10/201: RUSSELL WATSON 75.65 304118 10/10/201: RUSSELL GENOVESE 82.28 304119 10/10/201: WAGE LLC 2,918.02 304120 10/10/201: ROGER&LISA COLEMAN 48.23 304121 10/10/201: JESE DELO 40.82 304122 10/10/201: JUDY HENGERER 53.17 304123 10/10/201: THOMAS MC MASTER 76.12 304124 10/10/201: JULIAN REID 47.27 304125 10/10/201: WAYNE&MICHELE SAPP 37.52 304126 10/10/201: LINH TRAN 11.64 304127 10/10/201: JENNIFER REECE 6.82 304128 10/10/201: TB LANDMARK CONSTRUCTION INC 684.31 304129 10/10/201: THOMAS WOLCOTT 21.56 304130 10/10/201: BEN TANKERSLEY 3.76 304131 10/10/201: KALEY BOGARD 14.44 304132 10110/201: JOSEPH SCHUR 80.06 304133 10/10/201: TIESHA&THEOTIS HOLLOMAN 3.86 304134 10/10/201: ECOMOE LLC 91.74 304135 10/10/201: BARBARA JEAN GRASS 39.17 304136 10/10/201: MICHAEL E SCHWARTZ 59.96 304137 10/10/201: COURTNEY REGAN 24.44 304138 10/10/201: MICHAEL THOMAS POOLEY 105.22 304139 10/10/201: BALLARD F FORE JR 21.15 304140 10/10/201: KEVIN E SCOTT 39.77 304141 10/10/201: JEAN PINELLO 59.67 304142 10/10/201: KHUNG DUONG 36.83 304143 10/10/201: RAUL SALAS 25.02 304144 10/10/201: JOHN FECHER 23.26 Q 304145 10/10/201: SHATANA GRIER 35.59 304146 10/10/201: MARK A BOWKER 13.74 5 9 CHECK NBR CK DATE VENDOR AMOUNT 304147 10/10/201: CHARLES HARTLEY 32.00 304148 10/10/201: GENE R SANDERS 26.94 304149 10/10/201: TIMOTHY LEHEW 36.70 304150 10/10/201: DONNA DILIO 22 92 304151 10/10/201: KAYLA KAZUKUASKAS 23.86 304152 10/10/201: CHRISTOPHER TREMBLAY 68.38 304153 10/10/201: JOSHUA MC COLLUM 32.60 304154 10/10/201: JUNE HERINGTON 24.15 304155 10/10/201: MARIBEL GUILLEN .31 23 304156 10/10/201: KATHLEEN STAMPER 23 l l 304157 10/10/201: RAYMOND&JEANNE HROMCO .93 41 304158 10/10/201: KATHRYN REA 4138 304159 10/10/201: PETER RECHTLICH 33.95 304160 10/10/201: QUANG LE 39.50 304161 10/10/201: DIANE SPRADLING 79.82 304162 10/10/201: MICHAEL COSGROVE 9 77 304163 10/10/201: MIMI LATARTE .78 63 304164 10/10/201: LISA KILBOURNE 6373 304165 10/10/201: JERMONTE HUNTER 63.05 304166 10/10/201: BEVERLY ANDERSON 16.61 304167 10/10/201: RONALD ROMO 82.44 Grand Total: 1,656,787.80 6 10 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1002583 10/4/2013 OFFICE DEPOT BSD CUSTOMER SVC 2,788.27 1002584 10/7/2013 INDIAN RIVER BATTERY 329.40 1002585 10/7/2013 INDIAN RIVER OXYGEN INC 474.00 1002586 10/7/2013 MIKES GARAGE&WRECKER SERVICE INC 55.00 1002587 10/7/2013 SVI SYSTEMS INC 768.00 1002588 10/7/2013 PRIDE ENTERPRISES 607.00 1002589 10/7/2013 S&S AUTO PARTS 42.04 1002590 10/7/2013 STAT MEDICAL DISPOSAL INC 190.00 1002591 10/8/2013 COMMUNICATIONS INTERNATIONAL 3,383.78 1002592 10/8/2013 DAVES SPORTING GOODS&TROPHIES 3,205.00 1002593 10/8/2013 ABCO GARAGE DOOR CO INC 202.00 1002594 10/8/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 380.49 1002595 10/8/2013 41MPRINT INC 2,739.56 1002596 10/8/2013 FERGUSON ENTERPRISES INC 900.00 1002597 10/8/2013 CAPITAL OFFICE PRODUCTS 191.31 1002598 10/8/2013 EAST COAST ANIMAL MEDICAL CENTER 167.00 1002599 10/9/2013 PARKS RENTAL&SALES INC 599.98 1002600 10/9/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 28.71 1002601 10/9/2013 NORTH SOUTH SUPPLY INC 16.74 1002602 10/9/2013 HOMELAND IRRIGATION 4.79 1002603 10/9/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 1,454.10 1002604 10/9/2013 STAT MEDICAL DISPOSAL INC 330.00 1002605 10/10/201: PRAXAIR DISTRIBUTION SOUTHEAST LLC 27.72 1002606 10/10/201: COMMUNICATIONS INTERNATIONAL 178.70 1002607 10/10/201: LIGHTSOURCE IMAGING SOLUTIONS LLC 75.75 1002608 10/10/201: INDIAN RIVER BATTERY 415.25 1002609 10/10/201: REPUBLIC SERVICES OF FLORIDA 559.72 O 1002610 10/10/201: MEEKS PLUMBING INC 19,610.00 1002611 10/10/201: ALLIED UNIVERSAL CORP 2,741.20 1002612 10/10/201: HOMELAND IRRIGATION 106.64 1002613 10/10/201: ARAMARK UNIFORM&CAREER APPAREL LLC 177.66 1002614 10/10/201: SOUTHERN COMPUTER WAREHOUSE 13,228.54 1002615 10/10/201: SVI SYSTEMS INC 165.00 1002616 10/10/201: COMMUNITY ASPHALT CORP 102.93 1002617 10/10/201: FERGUSON ENTERPRISES INC 1,429.90 1002618 10/10/201: COMO OIL COMPANY OF FLORIDA 123.00 1002619 10/10/201: L&L DISTRIBUTORS 253.86 1002620 10/10/201: S&S AUTO PARTS 68.12 1002621 10/10/201: HARRIS SANITATION INC 78,152.11 1002622 10/10/201: AT&T 9,407.62 1002623 10/10/201: OFFICE DEPOT BSD CUSTOMER SVC 1,637.49 1002624 10/10/201: WASTE MANAGEMENT INC 2,852.38 1002625 10/10/201: WHEELABRATOR RIDGE ENERGY INC 20,490.20 Crand Total: 170,660.96 r 1 11 ELECTRONIC PAYMENTS - WIRE & ACH : TRANS NBR DATE VENDOR AMOUNT 2638 10/4/2013 JMC SERVICES INC 41,853.85 2639 10/4/2013 PROCTOR CONSTRUCTION CO,INC 295,304.70 2640 10/4/2013 KIMLEY HORN&ASSOC INC 21,899.48 2641 10/8/2013 BENEFITS WORKSHOP 4,652.71 2642 10/8/2013 BENEFITS WORKSHOP 2,732.64 2643 10/9/2013 IRS-PAYROLL TAXES 6,265.74 Grand Total: 372,709.12 1 12 CONSENT: 10/22/13 �IV � Office Of z INDIAN RIVER COUNTY *'�COR1 A ATTORNEY Dylan Reingold,Count),Attorney William K. DeBraal,Deputy County Attorney Bate Pingolr Cotner,Assistant Cotuity Attornev MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal- Deputy County Attorney 1114 DATE: October 15, 2013 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased by Indian River County for Right-Of-Way Resolutions have been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following properties: 1. Right-of-way for CR 510urchase p d from 510, LLC, a Florida limited liability company, said parcels are fully described in that certain Warranty Deed recorded on September 6, 2013 in Book 2701, Page 1791 of the Public Records of Indian River County, Florida 2. Right-of-way for 26th Street purchased from Bamaric of VB, LLC, a Florida limited liability company, said parcel is fully described in that certain General Warranty Deed recorded on September 13, 2013 in Book 2703, Page 1244 of the Public Records of Indian River County, Florida 3. Right-of-way for 261h Street purchased from William and Sandra Langdon, said parcel is fully described in that certain General Warranty Deed recorded on September 19, 2013 in Book 2704, Page 2099 of the Public Records of Indian River County, Florida 4. Right-of-way for 33`d Street purchased from the Estate of Helen M. Glenn, deceased, said parcel is fully described in that certain Personal Representative's Deed recorded on September 19, 2013 in Book 2704, Page 2148 of the Public Records of Indian River County, Florida 5. Right-of-way for CR 510 purchased from St. Sebastian Conference of St. Vincent De Paul Society, Inc., said parcel is fully described in that certain General Warranty Deed recorded on September 27, 2013 in Book 2707, Page 63 of the Public Records of Indian River County, Florida tpVEp FORS humin. ;.C.C; MEETING - CONSENT AGENDA - egal 3 1 Hudget �6 1/ %1TY ATTORNEY 7 '�� — _ sh Mgt. — — 13 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. nhm Attachments: 5 Resolutions cc: Carole Jean Jordan-Tax Collector David Nolte-Property Appraiser 2 14 portion of Parcel#31-39-28-00006-0080-00001.0 Parcels 473 portion of Parcel#31-39-27-00003-0000-00001.0 Parcel 474 Purchased by Indian River County from 510, LLC, a Florida limited liability company Public Purpose: right-of-way for C.R. 510 RESOLUTION NO. 2013- 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 1 15 RESOLUTION NO. 2013- 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.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that.- 1. hat:1. Any and all liens for taxes delinquent or current against the following described lands purchased from 510, LLC, a Florida limited liability company for right-of-way (for C.R. 510), are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2701, Page 1791, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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: 2 16 ® RESOLUTION NO. 2013- Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk ax Certificates Outstanding _ L Yes No Current Prorated Tax Received and Deposited With Tax Collector $ ) APPROVED AS TO FARM .ANDx;11"�IC BY 1 - - N/iLLIAM f:. EktF.AA DEPUTY COUNTY ATTC-^ 3 17 3120130058174 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2701 PG: 1791,9/6/2013 4:11 PM D DOCTAX PD$333.90 7his Document Prepared by and Return to: Bruce Barkett,Esq. CDllins,Brown,Caldwell,Barkctt, Garavaglia R Lawn,Chartered 756 Beachland Blvd. Vero Beach,FL 32963 V (P)772/2314343 Parcel I.D.No.:3139 28 00006 0080 00001.0 WARRANTY DEED THIS Indenture, made this 'S 1 day of 2013 A.D., between 510,LLC,a Florida limited liability company,GRANTOR, and Indian River County,Florida, a political subdivision of the State of Florida,whose address is 180127" Street,Vero Beach, Florida 32960-3388, GRANTEE. WITNESSETH that the GRANTOR,for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00),and other good and valuable consideration to GRANTOR in hand paid by GRANTEE,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said GRANTEE and GRANT'EE'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: SEE ATTACHED EXHIBIT"A" FOR LEGAL DESCRIPTION. I SUBJECT TO: All restrictions,reservations and rights-of-way of record,and taxes subsequent to December 31,2012. 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 year first above + written. ISi ,s ale ndlqJ[v n the presence of: 510,LLC Na e P ' ted 2iep A Florida limit l bility company Name Printed: R -1 BY: • as .Ke Hedy,as Hager Witnesses STATE OF:FLORIDA COUNTY OF: INDIAN RIVER The foregoing instrument was acknowledged before me,this --day of , 2013 by Thomas P.Kennedy,as Manager of 510 LLC,a Florida 1' ited liability company, who is either( )personally known to me or(✓jproduced a driver's license or a passport as identifi ti n. (Notary Seal) ANN M.WJPJCO E�! ` SiiRLEY MY COMMISSION►DD 94281/ Pzr EXPIRES:January 30,2014 Name Printed: `f •• BondWThru NoWy°U61kUr " Notary Public My Commission Expires on: 18 BK: 2701 PG: 1792 SKETCH OF DESCRIPTION PARCEL 313928000 06008000001 . 0 510, LLC- O.R.B. 1983, PG. 364 STATE LC.0RSTTATE9P364 FF ROAD 510 RIGHT-OF-WAY PARCEL 473 SURVEYOR'S NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 A14D SOUTH LINE OF THE S.E. 1/4 OF SECTION 28; SAID LINE BEARS S 89°55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH 1S BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE A140 ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS 5. THEDSCALEEOFBTHISWING ODRARIVER MAYOHAVE BEEFLORIDA. 4 DISTORTED DURING REPRODUCTION PROCESS- �•.�l'1Q @ BASELINE i CL CENTER LINE PG- PACE LINE F C.R. COUNTY ROAD FIJO. FOUND ESMT EASEMENT a DELTA L ARC LENGTH R RADIUS P.O.C. POINT OF COMMENCEMENT R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING D.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT SEC. SECTION S.R. STATE ROAD O.R.B. OFFICIAL RECORDS BOOK • BLOCK NUMBER CERTIFICATION: ACCURATE AND CERTIFY TOTHEYBESTTOFHMY KNOWLEDGE AND SKETCH OF CBELIEF NAND WASEPREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. -----------------ILLER,-CERK------------------------ CHRISTOPHER P. MPSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE irl2lttl PARCEL SKETCH - NOT A SURVEY 7713E CILRDNO TBE STATE ROAD NO. 510 - PARCEL 473 INDIAN RIVER-COUNTY 3477 N.R. 557h STREET t• tett ^rr.^m t^ t•*.,Sana. FT. LAUDERDALE, FL. 33309 C/ADNO Tal Rit PHONE••454.938-9389' DRAW [ullL[�f ol•2t•fJ LB•6668 Dro.Eo N$a*m 01CXRDND TBE PH. CSD38-002-00 SHEET I OF 19 BK: 2701 PG: 1793 '10W SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC- O.R.B. 1983, PG. 364 M STATE ROAD 510 RIGHT-OF-WAY PARCEL 473 N z O WEONA PARK v W P.B. 2, PG. IT V) a 510. LLC ( g ) > u' w O.R.B. 1983. PG. 364 >Ln 1 - 60' J a z�z 31392600006008000001 .0 a"'i Fw� w rl vel v w Z¢ � I v=i 86th STREET \{2 `6 25 y��QY 9 \ EAST LINE IP) PARCEL 473 �� LOT 17 f � P.O.B. PARCEL 473 PARCEL 4 DETAIL "A" PARCEL 473 OUTN LINE NOT TO SCALE LO 17 / h J _ D.E. ACOUIRED 8Y oll SEPARATE DOCUMENT- 86th STREET PARCEL 873 o PALM BLVD. IPI PARCEL 473 J SEE DETAIL "A" O o `� `O p � ��P� z �1 LJ z I' Er w 8p > n O N v w /J�fv z I O Qtr J � ,C3 Q 28 LI G\ 69°55'50" E 33 LINE DATA ECT ON WE B @ SURVEY C. 510 LINE BEARING DISTANCE IwA8A550 RD. ) CURVE DATA LI S 89°55'50" E 289.11 ' S. I /4 CORNER CI L2 14 44°49'10- W 40.DO' . 28-31-39 6 . 44°53'20" 3 N 09-55-52- W 14.17' SEC.FND BOAT SPIKE L . 663.59' L4 N 45010'50- E 20.76' L5 S 00°16'57- E 14.03' L6 IS 45°10'50- W 0.88' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 473 INDIAN RIVER COUHTT CARONOTBE a uu r.Er.nso n, oo.sower. 3427 N.M. SSrr+ STREET Canpq 16E + FT. LAUDERDALE. FL. 33309 tRAPI C UILLEA 01.2e•u PNONE••95�•93B•93a9 LB•6668 MMED U SWUM ai,27•13 CARO HO TBE PNS 05038•UOZ-00 SHEET 2 OF 3 20 BK: 2701 PG: 1794 (W SKETCH OF DESCRIPTION PARCEL 31392800006008000001 .0 510, LLC- O.R.B. 1983, PG. 364 STATE ROAD 510 y RIGHT-OF-WAY PARCEL 473 STATE ROAD 510 RIGHT-OF-WAY PARCEL 473 A PORTION OF LOT 17, BLOCK 8, "WEONA PARK", ACCORDING TO THE PLAT THEREOF. AS RECORDED 1N PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS+ CO)AdENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH 89"55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44.53'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45.10'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 791.14 FEET; THENCE NORTH 44°49'10- WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTIO14 OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH -LINE OF THE AFOREMENTIONED LOT 17 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983. PAGE 364, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89°55'52" WEST, ALONG SAID SOUTH LINE OF LOT 17, A DISTANCE OF 14. 17 FEET; THENCE NORTH 45°10'50" EAST. A DISTANCE OF 20.76 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED LOT 17; THENCE SOUTH 00016'57" EAST, ALONG SAID EAST LINE OF LOT 17, A DISTANCE OF 14.03 FEET TO A POINT ON THE SAID EXISTING 14ORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 5101 THENCE SOUTH 45°10'50" VEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF O.BB FEET TO THE P0114T OF BEGINNING. SAID PARCEL CONTAINING 108 SQUARE FEET (O.DD2 ACRES) MORE OR LESS. • ��� PARCEL SKETCH - NOT A SURVEY 77BE STATE ROAD NO. 510 - PARCEL 473 INDIAN RIYER COUNTY CARDHO TBE 3A T N.U. 65.h STREET FZ. LAUD[RDALE, PL. 33309 CAAD+O TBE nu PHDHE•.95A-93E•9369 T+Rlyl C NI[LCF D[.IO•I] La•666a „ , CAROND TBE PN[ 05038-002-00 SHEET 3 OF 3 21 BK: 2701 PG: 1795 I SKETCH OF DESCRIPTION PARCEL 31392700003000000001 .0 IF KENNETH B. KENNEDY ORB 1970 PG 1 456 EX I I STATE ROAD 510 t? RIGHT-OF-WAY PARCEL 474 SURVEYOR'S NOTES: I . THIS IS NOT A BOUNDARY SURVEY. 2, BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF 3. DHSTANCESE S.EISHOWN BASEDOON2ENGLISH SAID UNITS, USSSURVEY5FOOT. E 4, THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY BURDETTE A140 ASSOCIIATEAP FOR S, DATEDUNTY A-FINAL510 IGMBA3-06 ". CONSISTINGEOFB10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND • BASEL114E 4. CENTER LINE I, PROPERTY LINE PG. PAGE C.R. COUNTY ROAD FND• FOUND ESMT EASEMENT A DELTA L ARC LENGTH R RADIUS P-0-C. POINT OF COMMENCEMENT RAY RIGHT-OF-WAY P.O.B. POINT OF BEGINNING P.B. PLAT BOOK D.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT SEC. SECTION S.R. STATE ROAD O.R.B. OFFICIAL RECORDS BOOK CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCFIIPTIO14 IS TRUE AND ACCURATE TO THE BEST OF MY K14OK EDGE AND BELIEF AND WAS PREPARED COMPLIANCEIWITH THEEMINIMUUM TECHNICALrSTA14DARDSUFDRTTHE STATE OF SURVEYORSAAS SET AND MAPPERSTH BY PORSUA14T TOOSECTIONA472.027RFLORIDANSTATUTES. FOR THE FIRM, CHRISTOPHER P. MILLER, PSM- - FLORIDA REGISTRATION NUMBER 5921 CARDNO TSE PARCEL SKETCH - NOT A SURVEY CAROND T8E TSE STATE: ROAD NO. 510 - PARCEL 474 INDIAN RIVER COUNTY 3427 N.7r. SSrh STREET pICAROND A[/u[D en un•taya. iT. LAu0Ef70.4-E, iL. 33309 CARD"o Tm NIA wMONE••954-936.938➢ DRL"j [u1�LEA oJ•� L[/•6668 TBE PNr 05038-DB2-OD SHEETI DFoOOcEo u sorErtsm-n 22 M. 2701 PG: 1796 i • SKETCH OF DESCRIPTION PARCEL 31392700003000000001 .0 KENNETH B. KENNEDY ORB 1970 PG 1456 M STATE ROAD 510 M RIGHT-OF-WAY PARCEL 474 N Z O H U W N EPN V�0 I 60' 4 S��G� SSE.?G• 6 sl KENxEpV F ARCE1. z NA�pN,� Q 6 _ RSO 8Lv0 , w� GE co. 0 -'o �• S11�vEY C A• 51 'LAZA E�' AR AG � � Q M O�g•bp Qp,��p�1 y\ G GA az D.E. ACQUIRED BY-�` yy t SEPAPARCELOCUMENT- ?•ap, ¢i�'�A o\�pp6741 �6;p� KENNETH B. KENNEDY O.R.B. 1970, PG. 1456 3139270000300DO00001.0 JAX y`O yeti61` ¢• �o. LINE DATA LINE BEARING DISTANCE JQL`t P�� LI S 69°55'50' E 289. 11 ' L2 N 56'21 '25' E 84.17' L3 N 33138'35" W 40.00' 1-4 N 51 '36'Z7" E 80.79' LS IN 19°38'09" El 30.58' G\ I L6 I S 10.02'10" WI 30.85- 28 LI 5 89055'50" F I Li IS 56°21 '25` Wl 24.27' 33 ECT ON LINE 8 K SURVEY C.R. 510 CURVE DATA (WABASSO RD. l C. Cl C2 C3 S. 1 /4 CORNER o 44'53120" A - 11°10'35" A OD°15'20^ SEC. 28-31-39 L 519.58' L 558.82' L 32.52' FND. BOAT SPIKE R - 663.19' R 2,864.79' R 7,288.24' C4 C5 A 00°15'42" A 00'27'40" L 33.28' L 58.75' R 7,284.24' R 7.299.00' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 474 INDIAN RIVER COUNTY CAPtOND THE rivuun�, aau sans. 3 ZY N.n. 55rn STREET FT. LHJOEROJK.E. FL ""' CIl1M�C Y�[ tl!a PNONE••95••978-9719 PMIN Ir u1LLE4 OJ-I Y•�I •- ^^^- n.nn„n .or nu. nc me_nn�_nn rurr• -, nc , 23 BK: 2701 PG: 1797 i SKETCH OF DESCR[PTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 RIGHT-OF-WAY PARCEL 474 STATE ROAD 510 RIGHT-OF-WAY PARCEL 474 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH", ACCURDI14G TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK I, PAGE 6, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; CO)AAENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH 89.55'5D" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44°53'20", AN ARC DISTANCE OF 519.5B FEET TO A POINT OF TANGENCY; THENCE NORTH 45110'50- EAST, ALONG SAID SURVEY BASELINE. A DISTANCE OF 1,062.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEASTz THENCE 14ORTHEASTERLY ALONG THE ARC OF SAID CURVE AI4D ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 2,864.79 FEET, THROUGH A CENTRAL ANGLE OF II°10'35", AN ARC DISTANCE OF 558.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 56"21'25" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 84. 17 FEET; THENCE NORTH 3303B'35" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970, PAGE 1456, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNINGS THENCE NORTH 51036'27^ EAST, A DISTANCE OF 80.79 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 33.24'20" WEST= THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 7,288.24 FEET, THROUGH A CENTRAL ANGLE OF 00"15'20", AN ARC DISTANCE OF 32.52 FEET; THENCE NORTH 19.38'09" EAST, A DISTANCE OF 30.58 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B- KENNEDY; THENCE SOUTH 10°02'10" WEST, ALONG SAID EXISTING NORTHERLY RIGHT-DF-WAY LINE, A DISTANCE OF 30.85 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 33.06'59" {PEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 7,284.24 FEET, THROUGH A CENTRAL ANGLE OF 00015'42'. AN ARC DISTANCE OF 33.28 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 36.01 '52" YIEST= THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 7,299.00 FEET, THROUGH A CENTRAL ANGLE OF 00°27'40", AN ARC DISTANCE OF 58.75 FEET: THENCE SOUTH 56°21 '25" WEST, ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 24.27 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 410 SDUARE FEET IO.OD9 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 -PARCEL 474 INDIAN RIPER COUNTY 7 " 3"2TBE � u,C f„tlup�„ ara wnq, 3x37 N.W. SSrn STREET FT. LtuDER0AL .E,9389 FL. 33309 CAM110 TOE art PHONE••93<-938Datw C u;ltCe 02.12-�] -- - 24 Parcel# 32-39-33-00001-0150-00002.0 5020 26`h Street, Vero Beach, Florida Purchased by Indian River County from Bamaric of VB, LLC, a Florida limited liability company Public Purpose: right-of-way(26'h Street widening) RESOLUTION NO. 2013- 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 r► 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 1 25 RESOLUTION NO. 2013- 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.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Bamaric of VB, LLC, a Florida limited liability company, for right-of-way (for 26th Street widening), are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2703, Page 1244, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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: 2 26 RESOLUTION NO. 2013- Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk =WithTax nding _ Yes No eceived and llector $ APPROVED AS TO 'OR AND LS FI f y 6Y WILLIAM K.D $RAAL DEPUTY COUNTY ATTOR NE, 3 27 3120130059716 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2703 PG: 1244,9/13/2013 3:55 PM D DOCTAX PD 50.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21"St., Suite C Vero Beach,Florida 32960 ACLT File Number: 43080306 Parcel ID Nwnber: 32-39-33-00001-0150-00002.0 GENERAL WARRANTY DEED This deed,made as of this 30th day of August,2013, by Bamaric of VB,LLC,a Florida limited liability company(as Grantor);and Indian River County,a political subdivision of the State of Florida, whose post office address is: 1801 27th St,Vero Beach, FL 32960 (as Grantee); (Where've r used herein,the terms"grantor'and'grantee"shall Include singular and plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,partnerships or other entities;wherever the contest so admits or requires) WITNESSETH: That the grantor,for and in consideration of the sum of$10.00 in hand paid by grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto the grantee forever,all the right,title,interest,claim and demand which the said grantor has in and to the.following described parcel of land, to wit: The West 134,3 feet of the South 270 feet of the West 10 acres of Tract 15, Section 33, Township 32 South, Range 39 East, INDIAN RIVER FARMS COMPANY SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 2, at Page(s)25, of the Public Records of St.Lucie County Florida; said lands now lying and being in Indian River County, Florida. LESS AND EXCEPT that part of 26th Street(Walker Avenue)as reserved in Plat Book 14, at Pages 18 & 18A. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has good right and lawful authority to sell and convey said land;that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations,limitations,covenants,conditions and ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service,Florida Title Insurance Agency 28 BK: 2703 PG: 1245 and easements of record,if any; insofar as same are valid and enforceable(however,this clause shall not be construed to reimpose same). IN WITNESS WHEREOF,the said grantor has caused these presents to be signed and sealed in its name,as of the day and year first above written. Bamaric of VB, LLC, a Florida limited liability company [AFFIX CORPORATE SEAL] By: Frederick W. Baker --Aits Manager S. Mark Baker Is Manager Grantor's Mailing Address: 9015 Americana Road#9 Vero Beach,FL 32966 Signed sealed and delivered in it rese oJ: �7r�Lc'� .Pq � State of FLORIDA County of INDIAN RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by Frederick W. Baker and Mark S. Baker; as Managers of the corporation/parinership/LLC named herein as the grantor,on behalf of the corporation/partnership/LLC; and who was/were either Pe n to me; or produced identification of sufficient character so as to identify said individual(s)with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 30th day of August,2013. ?y `" JASON ADIEA NOluyPublic•My Comm.ExpireComm1 ion Notary Public Bonded i�rouphNsli ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 29 Parcel#32-39-33-00002-0000-00001.0 Purchased by Indian River County from William and Sandra Langdon to Public Purpose: right-of-way for 261"Street RESOLUTION NO. 2013- 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 30 RESOLUTION NO. 2013- 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.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from William Langdon and Sandra Langdon, husband and wife for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2704, Page 2099, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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: 2 r 31 RESOLUTION NO. 2013- Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk F tstanding Yes No x Received and Collector -iPPROVED AS TO FORM AND L.EGAL SUFFIC _ /Y WILLIAM K.DEBRAAL �F.PUTY COUNTY ATTORNEY 3 32 3120130060850 RECOFlli )11v l lir:FrELU Wb Vr Jt"Kt Y K.atvlr l tl,LLrnn Vr wrtt.ui i t vu,t, ,,,L, ,V„L,�t %j l,4 BK: 2704 PG: 2099,9/19/2013 8:33 AM D DOCTAX PD$0.70 This instrument was prepared incident to s the issuance of a title insurance contract, and is to be returned to: :i Jason A. Beal Atlantic Coastal Land Title Company,LLC 855 2l" St., Suite C Vero Beach,Florida 32960 1 1 ACLT File Number: 43080324 i Parcel 1D Number: 32-39-33-00002-0000-00001.0 I ; i r GENERAL WARRANTY DEED This deed, made as of this 12th day of September, 2013, by William Langdon and Sandra Langdon, husband and wife(as Grantor); and Indian River County, a political subdivision of E the State of Florida, whose postoffice address is: 1801 27th St, Vero Beach, FL 32960 (as Grantee); { • i (Wherever used herein,the terms gruntor"and grantee"sholl include singular and plurul,heirs,legal represeniatn•es,and assigns ojindrvtduals,and the successors and assigns of cor poralions,partnerships or other entities:irherever the contest so t admits or requires) t I i WITNESSETH: t r That the grantor, for and in consideration of the sum of$10.00 in hand paid by grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto the grantee forever,all the right,title, interest,claim and demand which the said grantor has in and to the following described parcel of land, to wit: Lot 1,DAVILLA PARK,according to the Plat thereof,as recorded in Plat Book 3,at Page(s) 69, of the Public Records of Indian River County,Florida. r TOGETHER with all the tenements,hereditaments and appurtenances thereto belong, br ng or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. E AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has good right and lawful authority to sell and convey said land;that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations, limitations,covenants,conditions and easements of record, if any;insofar as same are valid and enforceable(however,this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency i � 4 4 33 1{� BK: 2704 PG: 2100 i ! ! x Pursuant to Rule 12B-4.014(4), F.A.C., This deed is given to a government entity under threat of s condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not ! 9 subject to tax. r ! IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of i I William Langdon 1 2955 STH ST I Vero Beach,FL 32966 i i Sdra Langdon 2955 STH ST Vero Beach, FL 32966 (W State of FLORIDA County of INDIAN RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by William Langdon and Sandra Langdon; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s)with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 12th day of September,2013. l Type of identification provided(Check One): Notary Public I I Driver's License I I passport "N I I Government(State or Federal) ID Card ='�• �O'' das I Resident Alien ID Card �i M orary Pub I-gON �Beat I I Other °F ;r y comm.Expfr�a p of borida Bond_ammiasion EE 836130 2016 rhr000ANational Notarysn ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 34 BK: 2704 FG: 2101 I 0 10 20 40 ATTENTION IS DIRECTED TO T FACT THAT E I" I.P. FD. THESE PLANS MAY HAVE BEEN REDUCED IN I NW CORNER SIZE BY REPRODUCTION. THIS MUST BE LOT 6 CONSIDERED WHEN OBTAINING SCALED DATA. GRAPHIC SCALE 1" I.P. FND (IN POET) NE CORNER rn w + LOT 2 °°coDAVILLA PARK, P.B. 3, PG. 69 ` oo :WWI LOT 2 I du f oB 32-39-33-00002-0000-00002.0 I Lo� " I.R./CAP FND I I o MILLER, DAVID J $ ERIN SMITH i lulu 944 oe 6' w000 FENCE -. O.R.B. 1891, PG. 2428 DW 0c "N, D.ot'w �� ^N 5/8" I.R.;SET "I. R. C o; O NTY" 3/4" C . .— 129.07 F ,'--, 129.16"(P� ON ` 25, C I.P. FND CDNc 60 T - W.M DAo � ^ 89'29'50'DPEN I 1 ' \ SEPTIC TANK 2.,3• (')&(C) 60'. OAK; co 1' 6"(F) o p O 9 O 05(C) 12'. PALM f � � 0It OOd ~ Of •C I 1 C,J�_ v C] CONC STErS 'n L7 Li w O 12'e PALMS 9 y��� CONC STEPS CL^ LTJ wi r OZa to i O�py • IJ.3. Z o� vW� O :.. ry y2 O J I 7 N U 1.91 GO S W n Z Z 60.8. '2.0, -'^�f 3.0• aa C, 4 0 Q a. � JyTp• O C6 L07 1 O cD:AD ouc aW - W O 32-39-33-00002-0000- 001.0 D, �a• �t '66* LANGDON, WILLIAM k SA DRAo J i O.R.B. 1233, PG. 24 2e.yr. DO d W ROPOSED I Q PROPOSED 25' CORNER 89'21'26"(F) ULTIMATE .6'.OAK CLIP 2 WI = 89'23' (P) R/W LINE 90'37.05"�C� h 129.12' (F) 129.16' (P) LP4FND I b , � �W_LINE 7'S EXISTING R W LINE z3., 3"x3" C.M. FND 6'WIDE HEDCE GO W/BRASS SCREW H O O 00 E.P.---- - LLn a- Go ¢ ' 26TH STREET (R/W VARIES) C6 m n a K SOUTH LINE SECTION 33 TWP 32S SURVEYOR'S NOTES I.R.F.W.M.D. SUB—LATERAL A-3 CANAL (30' R/W) TWP 33S 1. THE PIAT FOR DAVILLA PARK SHOWS AN ANGLE AT THE SOUTHWEST PROPERTY CORNER ONLY. THIS ANGLE, ALONG WITH THE DISTANCES SHOWN KONG THE LOT LINES, WAS USED TO CALCULATE THE OTHER ANGLES SHOWN HCREON. 222FFF 2. ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BEEN LOCATED. UNDERGROUND IMPROVEMENTS SUCH AS UTILITIES AND FOUNDATIONS WERE NOT LOCATED EXCEPT AS SHOWN. a 3. THIS SURVEY WAS PREPARED W11H THE BENEFIT OF A TITLE POLICY (FILE No. 43080255) PREPARED BY ATLANTIC COASTAL LAND TITLE i COMPANY, L.L.C. AND CERTIFIED TO INDIAN RIVER COUNTY ON THE DATE OF AUGUST 1, 2013. j 4. THE SUBJECT PROPERTY CONTAINS 0.33 ACRES, 14,3130 SOUARE FEET. MORE OR LESS. 39 5. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED BY INDIAN RIVER COUNTY PERSONCL ON THE DATE OF AUGUST 9. 2013.6 THIS DS HORIZONTAL C�0 CETS AND/OR PD'NTS USED CFORETTHETHE PREPARATUION OF REQUIREMENTS SURVEYFOR WERE PART OF ASURVEY CLOSED-LOOPER FLORIDA TRAVEADMINISTRATIVE THHZ A RELATIVE ERROR OF CLOSURE EXCEEDING 1 PART IN 186,000. 7. ALL DISTANCE SHOWN HEREON ARE EXPRESSED W U.S. SURVEY FEET. 8. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1'-20' OR SMALLER. LEGAL DESCRIPTION SYMBOLS AND ABBREVIATIONS LOT 1, DAVILLA PARK SUBDIVIS*N, ACCORDING A/C-NR CONDITIONER PG.-PAGE TO THE PLAT THEREOF RECORDEDAN PLAT (C)-CALCULATED DISTANCE OR ANGLE P.B.-PUT BOOK BOOK 3, PAGE 69 OF THE PUBLIC RECORDS C.M.-CONCRETE MONUMENT P.P. POWER POLE OF INDIAN RIVER COUNTY, FLORIDA - CERTIFIED TO: CONC-CONCRETE RCE-RANGE INDIAN RIVER COUNTY (F)-FIELD MEASURED COURSE R/W-RIGHT-OF-WAY SURVEYOR'S CERTIFICATION g �/)7/� BOARD OF COUNTY E.P.-EDGE Of PAVEMENT T,O.B.-TOP OF BANK AE h2 AMA/irJ /'I COMMISSIONERS PND-FOUND TWP-TOWNSHIP Ilc[ h2L M�✓� bb.Jl �'I LP, IRON PIPE U.C.E.-UNDERGROUND 0.ECiG SURVEYOR AND MAPPER IN.RESPONSIBLE CHARGE. R. IRON ROO WI-WITH DAVID M. SILON, P.S.M. NO. 5139 1.R,F.W.M.D.-INDIAN RIVER FARMS WATER W.M.-WATER METER INDIAN RNER COUNTY ASSISTANT.COUNTY SURVEYOR MANAGEMENT DISTRICT •-DAIETER O.R.B.-OFFlCAL RECORD BOOK -OVERHEAD ELECTRIC INDIAN RIVER COUNT? (P)-PUT DISTANCE OR ANGLE ®DEPARTMENT OF PCOUN WORKS THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER ZNCMEWO oms10N-MVrY SECTION ,e, +eo1 271R m+IZT RAgµ.on:a:-+:-u DAVILLA PARK SUBDIVISION LOT I VCRO SEACK n a2.m -e.Ro.cH -...uf (772)se,-e000 ..-o-os+ioR 1348 BOUNDARY SURVEY 1 A 35 Portion of Parcel#32-39-32-00001-0050-00002.0 Purchased by Indian River County from George A. Glenn and Frances G. Sherwood, as Personal Representatives of the Estate of Helen M. Glenn, deceased Public Purpose: right-of-way for 33`d Street RESOLUTION NO. 2013- 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 b a Y any agency, cY, 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 1 36 0 RESOLUTION NO. 2013- 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.I. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from George A. Glenn and Frances G. Sherwood, as Personal Representatives of the Estate of Helen M. Glenn, deceased, for 33`d Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Personal Representative's Deed recorded in Book 2704, Page 2148, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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- 2 37 RESOLUTION NO. 2013- Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk FDeposited Outstanding _ Yes No d Tax Received and Tax Collector $$_ A N!'ROVhD G tSF -0 FORM PV WiLLIgry ,DF_B DEPt_ITYCOUNTY ATTORNEY 3 38 3120130060866 RECOKI)El)11N1,H>;1 EU()KVS ur Jhf,f tLr x-JM1111,LLUM Vr L11t1_U11 LVUlt 1 11v01"4 nrrr K Lv r BK: 2704 PG: 2148,9/19/2013 9:19 AM D DOCTAX PD$0.70 Return To and Prepared By: i i Jason A. Beal f Atlantic Coastal Land Title Company,LLC 855 21 st St., Suite C Vero Beach, Florida 32960 ACT File Number: 41078574 Parcel ID Number: 32-39-32-00001-0050-00002.0(portion of) PERSONAL REPRESENTATIVE'S DEED This Personal Representative's Deed made and executed by George A. Glenn and Frances G. Sherwood,as Personal Representatives of the Estate of Helen M.Glenn,deceased,first party,to Indian River County,a political subdivision of the State of Florida,whose post a office address is 1801 27th St, Vero Beach,FL 32960,second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural,heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context so admits or requires.) Witnesseth,that the said first party,for and in consideration of the sum of$10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever,all the right,title interest,claim and Odemand which the said first party has in and to the following described lot,piece or parcel of r land: ` A parcel of land being the North 20.00 feet of the South 80 feet of the East 80 feet of the East 9.91 acres of the West 19.53 acres of Tract 5, Section 32,Township 32 South,Range 39 East, according to the Plat of INDIAN RIVER FARMS COMPANY,according to Plat recorded in Plat Book 2,at Page 25,of the Public Records of St. Lucie County,Florida; said lands now lying and being in Indian River County, Florida. Subject to all valid restrictions,reservations and easements of record,however,this reference to restrictions shall not operate to reimpose same. f 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 the said first party,either in law or equity, to the only proper use,benefit r and behoof of the said second party forever. And the said first party hereby covenants and warrants that it has authority to execute this deed and that,in such execution,all court orders and laws of the State of Florida have been followed and complied with in all respects. • Y E Pursuant to Rule 12B-4.014(4),F.A.C.,This deed is given to a government entity under threat of condemnation or as a part of an out-of-court settlement of condemnation f proceedings and is not subject to tax. k a 1 t 39 3120130062791 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2707 PG: 63,9/27/2013 2:56 PM D DOCTAX PD 50.70 E This instrument was prepared incident to the issuance o,f a title insurance contract, and is to be returned to: E Jason A. Beal Atlantic Coastal Land Title Company,LLC 855 21"St.,Suite C Vero Beach,Florida 32960 ' i ACLT File Number: 43080326 Parcel ID Number: Part of 31-39-28-00000-5000-00033.0 4 I t i GENERAL WARRANTY DEED s f i This deed, made as of this 24th day of September, 2013, by St. Sebastian Conference of St. Vincent De Paul Society,Inc.,a Florida Non-Profit Corporation(as Grantor);and Indian River County,a political subdivision of the State of Florida,whose postoffice address is: 180127th St, ` Vero Beach,FL 32960(as Grantee); (Wherever used herein,the terms"grantor'and"grantee"shall include singular and plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns ojcorporaliow.partnerships or other entities;wherever the context so admits or requires.) WITNESSETH: t t That the grantor,for and in consideration of the sum of$10.00 in hand paid by grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto the grantee forever,all the right,title, interest,claim and demand which the said grantor has in and to the following described pai=l of land, to wit: i 1t COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 424 t i { A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: t COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28,TOWNSHIP 31 SOUTH,RANGE 39 EAST,OF INDIAN RIVER COUNTY,SAID POINT BEING ON I j THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE 1 iUNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510(WABASSO ROAD),SHEET 5 OF 10;THENCE NORTH 89 DEGREES 1 15 MINUTES 38 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 28,A DISTANCE OF 1,350.57 FEET;THENCE NORTH 00 DEGREES 44 MINUTES 22 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A POINT OF ` INTERSECTION WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID t ATLANTIC COASTAL LAND TITLE COMPANY,LLC i A Full Service,Florida Title Insurance Agency t I 44 BK: 2707 PG: 64 p COUNTY ROAD 510 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF AVENUE,A 50 FOOT RIGHT-OF-WA)y AS SHOWN ON SAID RIGHT-OF-WAY MAP AND THE POINT OF BEGINNING,SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED B1'ST.SEBASTIAN CONFERENCE E OF ST. VINCENT DE PAUL, AS RECORDED IN OFFICIAL RECORDS BOOK 1002, PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 38 MINUTES 55 SECONDS WEST, ALONG THE WEST LINE OF SAID ST.SEBASTIAN PARCEL AND SAID EAST RIGHT-OF-WAY LINE OF 55TH .AVENUE, A DISTANCE OF 26.69 FEET, THENCE SOUTH 44 DEGREES 41 MINUTES 54 SECONDS EAST,A DISTANCE OF 35.94 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE f NORTH,HAVING A RADIAL BEARING OF NORTH 00 DEGREES 53 MINUTES + 49 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET,THROUGH A CENTRAL ANGLE OF 03 DEGREES 33 z MINUTES 00 SECONDS, AN ARC, DISTANCE OF 125.03 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID ST.SEBASTIAN PARCEL, SAID POINT HAVING A RADIAL BEARING OF NORTH 02.DEGREES 39 t MINUTES 11 SECONDS WEST;THENCE SOUTH 00 DEGREES 38 MINUTES 55 } SECONDS EAST,ALONG SAID EAST LINE,A DISTANCE OF 1.13 FEET TO A ! r POINT ON THE SOUTH LINE OF SAID ST. SEBASTIAN PARCEL AND SAID NORTH RIGHT-OF-WAY LINE;THENCE SOUTU 89 DEGREES 15 MINUTES 38 ` SECONDS WEST,A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. i TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging in g g or anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. ! AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has ` good right and lawful authority to sell and convey said land;that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations,limitations,covenants,conditions and easements of record,if any;insofar as same are valid and enforceable(however,this clause shall not be construed ` to reimpose same). i t E t i ' 1 t i t i I i i j ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Ful!Service,Florida"Title Insurance Agency i t E 45 BK: 2707 PG. 65 L 1 r t � In WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. ' � I Signed,sealed and delivered in the presence of St.Sebastian Conference of St. Vincent i De Paul Society,Inc.,a Florida Non-Profit 3 Corporation i "pw/ By: Robert Christopher,Its President 5480 85th St. St. Sebastian,FL 32958 { •.:J t. State of FLORIDA t County of INDIAN RIVER ; The foregoing instrument was acknowledged before me the date hereinafter given, by Robert Christopher,as St.Sebastian Conference of St.Vincent De Paul Society,Inc.,a Florida Non- Profit Corporation; who was/were either personally known to me; or produced identification of sufficient character so as to identifysaid individual i (s) with reasonable certainty; and who did/did � ' not take an oath. r Witness my hand and official sea] in the County and State last aforesaid, this 24th day of ' September,2013. j f � F TvBe of identification provided(Check One): Notary Public Driver's License t l 1 1 Passport ! � l Government(State or Federal)ID Card . „ {IAY puff" JASON A.REAL i I I 1 Resident Alien 1D Card ,r '�` Notary Public•Stats of Florida { ( l Other : My Comm.Expires Oct 11.2016 1 Commission*EE 636130 ttt i Boe&d TAroL"Nstiora1 Nolary Assn. f i t i 3 ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency i { F 46 BK: 2707 PG: 66 SKETCH OF DESCRIPTION PARCEL 31392800000500000033.0 ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL O.R. B. 1002, PAGE 1661 M COUNTY ROAD 510 N RIGHT-OF-WAY PARCEL 424 0 SURVEYOR'S NOTES[ I. THIS 1S NOT A BOUNDARY SURVEY. w 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28: SAID LINE BEARS N 89015'38" E. ) " . 60' 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 5)0 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED -FINAL CMB 3-08-, CONSISTING OF 10 SHEETS AS 5. TTDIRECTED EOBI ESCALEOFTHIN SDRACOUNTY, W[NGMAYHAVE FLORIDA. BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGE @ BASELINE P.O.C. POINT �COMMENCEMENT PG. PAGE e SEC. SECTIONF WAY P. R.C• POINT OF REVERSEPOINT OF NCURVATURE RHD• FOUND RADIUS ' F - PROPERTY LINE P. L T. POINT OF TANGENCY �•R• COUNTY ROAD D•E. DRAINAGE EASEMENT DELTA 1 CENTER LINE T.C.E. TEMPORARY CONSTRUCTION L ARC LENGTH , EASEMENT 1 O.R.B. OFFICIAL RECORDS BOOK ST.SEBASTIAN CONFERENCE T.C.E• ' n OF ST.VINCENT DE PAUL ACQUIRED BY a D.R.B. 1002, PG. 1661 [` 3139280000050000033.0 SEPARATE DOCUMENT PARCEL 724 � z ??1 SEE DETAIL SHEET 3 xo w� � ! L-- P.O.B. 'n^ / PARCEL 424 J ` ERA PL j 4 00044'22" W `EXISTING NORTH R/W LINE 29 28 N 89015'38" E _ �� ! 1.350.57' �, `L— ! � S -31�- g 1 32 33 SURVEY C.R. 510 (WABASSO RD. ) -31 9- E SECTION LINE .O.C. .W• CORNER SEC. 28-31 -39 FND. BOAT SPIKE 1 CERTIFICATION[ E I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE I BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. t FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIpA,-ADMVN4p T.RATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. gVIER p • f FOR THE FIRM `�,`�,NS� •;✓� f rya i ) CHRISTOPHE -P.--I * LL •� FLORIDA REGIST A`.f�N�NU1,$ CARDNO TBE PARCEL SKETCH - NOT A SURVEY i 7BE COUNTY ROAD NO. 510 - PARCEL 424 INDIAN RIVER COUNTY CARDNO TBL 3427 N.W. 55#h STRUT l-MD ST. an Soma. t :T• LAVDLRDALL, rL. 33309 RDNO 78E N/A ►S[C.NL••t34•t3�•t3�f GRAITZWC L�•tsat ROHO TBE PNi 05038.002-00 SHEET } OF3C4fAfOIf } 147 CONSENT AGENDA ® INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 11,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag4 9�1 SUBJECT: Approval of Bid Award for IRC Bid No. 2014013 Annual Bid for Sulfuric Acid BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Sulfuric Acid for its Water Treatment Plants. BID RESULTS: Bid Opening Date: October 1, 2013 Advertising Date: September 6, 2013 DemandStar Broadcast to: 120 Suppliers Specifications Requested by: 14 Vendors Replies: 3 Vendors BID TABULATION: Total Annual Bidder City/State Price- Sulfuric Split Load Delivery Time Acid 98% Charge ARO 120,000 gallons Key Chemical, Inc. Waxhaw,NC $190,980.00 $75/Drop Off 3-5 Days Shrieve Chemical The $109,200.00 $100.00 24 Hours Company Woodlands,TX Sulphuric Acid Trading Tampa, FL $140,454.00 $75.00 1 Calendar Day Company, Inc. ANALYSIS: Expenditures for FY 12/13 are estimated at $84,647.41 and were $84,219.63 for FY 11/12. The bid price has decreased by 14% from $1.06 per gallon ($127,200 estimated annual price) on the last bid cycle to the proposed $0.91 per gallon. %IFileset%,a2V'ublicWurchasinglBids=�1013-2014 FY(2014000)12014013 Annual Sulfuric Acid'Agcnda-2014013 duc 48 CONSENT AGENDA SOURCE OF FUNDS: Expenditures will be paid from the Water Production-Chemicals account budget in the operating fund. Operating funds are generated from water and sewer revenues. The chemical quantity requested in the bid exceeds the Department's anticipated annual requirements. Based on historical usage of approximately 80,000 gallons per year, required funds of$72,800 are available as shown below. Account Number Account Description Budget Amount 47121936-035230 Water Production Chemicals $100.170 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to Shrieve Chemical Company of The Woodlands, TX, as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 22,2013 through September 30, 2014 to the recommended bidder and, • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County, ATTACHMENTS: Recommendation of Award (Department) Bid Tabulation Bid Submittal APPROVED AGENDA ITEM Indian River C&Ap D to Admin B1': Legal sep7h . aird, County Administrator Budget Department FOR X0/,3 Risk Mara er 'Tileserver2U'ublic\Purclusing\Bids�.2013.2014 FY(2014000)\2014013 Aniursl Sulfuric AcidlAgeods-2014017 doc 49 Bid No. 2014013 Indian River County Purchasing Division 1800 27th Street,Vero Beach, FL 32968 Witness: Diane Feshoh Bid Title: Annual Bid for Sulfuric (772) 226-1416 Acid Witness: Jennifer Hyde Bid Opening Date: 10/1/2013 BID TABULATION SHEET Time: 2:00 pm v as E z Total Annual Price - Bidders Name Location �° o o Split Load Charge Delivery Time ARO y Sulfuric Acid 98% m C o V X W KEY CHEMICAL, INC. WAXHAW, NC Y Y Y $190,980.00 $75/DROP OFF 3-5 DAYS SHRIEVE CHEMICAL COMPANY THE WOODLANDS, TX Y N Y $109,200.00 $100.00 24 HOURS SULPHURIC ACID TRADING COMPANY, INC. TAMPA Y Y Y $140,454.00 $75.00 1 CALENDAR DAY COMMENTS: 0 4,� G K oRVD INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM DATE: October 7, 2013 TO: Jennifer Hyde, Purchasing Manager FROM: Vincent Burke, P.E., Director of Utility Service PREPARED BY: Terry Southard, Operations Manager/," SUBJECT: Bid #2014013 Annual Bid for Sulfuric Acid Background The Department of Utility Services opened bids on October 1, 2013 for Bid # 2014013 annual bid for Sulfuric Acid. Sulfuric Acid is a product used by the County's two water facilities to treat water. Three companies responded to the bid invitation. Shrieve Chemical Company, Woodlands, TX $109,200.00 Sulphuric Acid Trading, Inc., Tampa FL $140,454.00 Key Chemical, Inc., Waxhaw, NC $190,980.00 Recommendation: Staff recommends the lowest bidder, Shrieve Chemical Company, Woodlands, TX be awarded the 2014013 annual bid for a price of $109,200.00. Funds to cover sulfuric acid are in the operating budget. Operating funds are derived from water and sewer sales. The proposed chemical budget for the water plants in FY 13/14 includes $100,170 for sulfuric acid. Note: The bids received on October 15`, were based on an estimated amount that may be slightly higher than historical usage. For example, in FY 11/12 $84,219.63 was expended and fiscal year expenses for 12/13 are expected to be $84,647.41. Past records show that we typically use less than the lowest bidder's projections, and we anticipate same for the coming fiscal year. C:\Documents and Settings\aobertautsch\Local Settings\Temporary Internet Files\Content.Outlook\XOW7294F\Memo to Jennifer Hyde Bid #2014013 Sulfuric Acid October 2013 AO Final (4).doc 51 2014013 Annual Bid Sulfuric Acid Bid Form Annual Bid for Sulfuric Acid Bid#: 2014013 Bid Opening Date and Time: October 1, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 1h Street Vero Beach, FL 32960 In accordance with all terms, conditions,specifications,and requirements,the Bidder offers the following: Bidder Name: Shrieve Chemical Company Estimated Item I Item Description Annual Unit Cost Total Price # Quantity SUURIC ACID 98%- Delivered to both $ .91 1 __J LFtants � 1120,000 gal 1 /gal $ 109,200.00 plants — 2 Split Load Charge L$ 100_00 3 j Delivery Time After Receipt of Phone Order 24 hours j Will your company extend these prices to other governmental agencies Yes® * No within the State of Florida? *With a freight differential if applicable Page 10 of 14 52 2014013 Annual Bid Sulfuric Acid 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: Shrieve Chemical Company Company Address: 1755 Woodstead Court City, State The Woodlands, Texas Zip Code 77380 Telephone: 281-367-4226 Fax: 281-367-0071 E-mail: tthreadgill@shrieve.com Business Tax Receipt Number: FEIN Number: f7 Authorized Signature: ,�L{',11Q��R c Date: 9/27/13 Name: Ted Threadgill Title: Vice President-SE Regior. (Type/Printed) Page 11 of 14 53 I 1%W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator Vobert TMENT HEAD CONCURRENCE M. Keating, f ICP; Co ity Development Director FROM: Phillip J. Matson, AICP MPO Staff Director DATE: October 14, 2013 SUBJECT: Consideration of Revised Federal Highway Administration Urban Boundary and Roadway Functional Classification Map It is requested that the information presented herein be given formal consideration by the Indian River County Board of County Commissioners at its meeting of October 22, 2013. SUMMARY Recently, MPO staff met with FDOT staff to update the County's Urban Boundary and Federal Highway Administration (FHWA) Roadway Functional Classification map. Functional Classification is a roadway categorization that federal and state agencies use to determine what type of funding a roadway improvement is eligible to receive and that local governments use to establish a roadway's level of service standards. In accordance with federal and state statutes, a functional classification update is required following the publication of the US Census Reports. In response, FDOT developed draft Urban Boundary and Functional Class maps and presented those maps to the MPO during the summer of 2013. Recently, FHWA expressed concerns about those maps. For that reason, FDOT has prepared a revised Urban Area Boundary and Functional Classification map. On October 9, 2013, the MPO approved the revised map. In order to complete the Functional Classification process, the revised map must now be approved by the Board of County Commissioners. Staff recommends that the Board of County Commissioners consider the updated Urban Boundary and Federal Functional Classification map, provide staff with any comments on the map, and approve the map, DESCRIPTION AND CONDITIONS Federal regulations require that MPOs update urban area and rural area boundaries and far functionally reclassify roadways every ten years following the publication of the US Census Reports. Through the federal functional classification system, all roads are categorized based on use. That functional classification then plays a key role in determining what type of funding a 54 roadway improvement is eligible to receive and what level of service standard applies to a roadway. Generally, functional classification designations remain stable over many years, being changed only when necessary to recognize evolving travel patterns, shifting urban area boundaries, and other factors. Under the federal functional classification system, all roadways are categorized either as urban or rural. That urban or rural designation is largely based on the FHWA urban area boundary which in turn is based on the census designated urbanized area boundary. As a result of the 2010 Census, Indian River County's census designated urbanized area boundary changed. Earlier in the year, the Indian River County MPO adopted a revised FHWA Urban Area Boundary map and a draft Roadway Functional Classification map. Recently, FHWA expressed concerns about those maps. In particular, the FHWA objected to the expansion of the Urban Boundary into undeveloped areas west of the existing Urban Boundary. It is the policy of FHWA to only approve Urban Boundary expansions that recognize existing and near-term development. For that reason, FDOT has prepared a revised 2013 Urban Area Boundary and Functional Classification map (Attached). ANALYSIS The attached map is the culmination of a series of workshops conducted with FDOT staff to address the changes in the urban boundary and functional classification in Indian River County. On October 9, 2013, the MPO considered the revised Urban Boundary and Functional Classification Map and approved the Map. In order to complete the Functional Classification process, the revised map must now be approved by the Board of County Commissioners. After the map is approved by the Board of County Commissioners, the FDOT District Secretary can forward the information to FHWA for final signature approval. It should be noted that, although this exercise must be undertaken after every census, the map can be updated more frequently should conditions warrant. RECOMMENDATION Staff recommends that the Board of County Commissioners consider the attached updated Urban Boundary and Federal Functional Classification map, provide staff with any comments, and approve the map. ATTACHMENTS 1. Revised Urban Boundary and Federal Functional Classification map Indian River Approved Date APPROVED AGENDA ITEM: Co. Admin. A117 Legal FOR: � ��, � 161-3 Budget BY: C�1 Risk Mgr. 55 2010 FEDERAL FUNCTIONAL - COUNTYINDIAN RIVER 3010 4 U uttM i*cN�alway AemMWratl.n(FMYII) .) man Ar.aa: ! FM-mere.entl Saa.-h-n,%-8. hSouah / ZMiies REVARD COUNTY •i SLUE? INDIAN RIVER COUNTY f Principal Mesal)RunllUrban) Intaaul. Other F—aya 6 Expre—.ys /• —Other Pm Gipe ArteNl � F. c 1 tt Minor M.rlal(RumUUrban) WrioUM1an.1 c _ L Cellaotor)RumllUrban) • —Major Collector - ''-" --Mayor Cal.gor Fmcm Route " ---- ; Minor Collector Local(RumllUrban) •-- } .. • -------- I \ YJID Draft FMNM AOrysIM Urban Bountlanos,, o Courcy Sound...i •.............• �1 i 14. s — INDIAN RIVER COUN:y t SLCUGE COUNTY Attachment 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineer SUBJECT: F.D.O.T. Small County Outreach Program (SCOP) Agreement— Amendment No. 1 and Resolution Authorizing the Chairman's Signature Construction (Reconstruction) of CR512 Eastbound Lanes Only from Roseland Road to Easy Street FM No. 427572-1-58-01 IRC Project No. 1132 DATE: October 1, 2013 DESCRIPTION AND CONDITIONS On June 18, 2012, the Board of County Commissioners entered into a Small County Outreach Program (SCOP) Agreement FM No. 427572-1-58-01 with the Florida Department of Transportation (FDOT) for construction (reconstruction) of CR512 Eastbound Lanes Only from Roseland Road to Easy Street for a total estimated project cost of$621,226.00(75%FDOT funding in the amount of$465,920.00 with the County's cost share of 25%or$155,306.50). Originally,the cost estimate for the project was based on milling and resurfacing the roadway, however the pavement conditions deteriorated to a point where rehabilitation (full-depth reclamation)of the roadway was considered necessary and the project was bid for full-depth reclamation. On May 14, 2013, Ranger Construction Industries, Inc. was awarded the bid for this project, in the amount of $1,049,787.70, which includes a force account amount of $50,000 which is not funded by the FDOT. The Florida Department of Transportation (FDOT) has requested Indian River County execute and deliver to the FDOT the attached Amendment No. 1 to the Agreement to increase SCOP funding in the amount of $378,562.00 as a result of the approved bid amount. Staff agrees with the increase of SCOP funding. Also attached, please find a Resolution authorizing the Board of County Commissioners to execute this Small County Outreach Program Agreement Amendment No. 1 for SCOP Contract No.AQO-72 (FM#427572-1-58-01) increasing the grant by$378,562.00,for a total project cost of$999,788.00. FUNDING Funding for this project is budgeted and available from Secondary Roads, Gas Tax, Account No. 10921441-053360-12005, CR512 Eastbound Road Resurfacing in the amount of$299,947.00 and from FDOT SCOP grant Contract No. AQO-72 in the amount of$749,841.00. FAPublic Works\ENGINEERING DIVISION PROIECTSA 132-CR 512 Ebnd Resurfacing Roseland Rd to Easy St-SFE PRO) 0926\Admim\agenda items\BCC Agenda Memo for Resolution for FDOT SCOP Agreement Amendment No. 1 10-22-2013.doc 57 PAGE TWO Christopher J. Kafer, P.E., County Engineer For BCC Agenda October 22, 2013 RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Local Agency Program Amendment No. 1 to the SCOP Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. FDOT Small County Outreach Program (SCOP) Agreement FPN No. 4272572-1-58-01 2. Authorizing Resolution DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM FOR: O toher 22, 20Indian River County Approved Date Administration ID j;rha B Budget 1 /oil Legal Public Works C) Engineering 0 FAIlublic Works\ENGINEERING DIVISION PROJECTSA 132-CR 512 Ebnd Resurfacing Roseland Rd to liasy St-SEE PRO] 0926Wdmim\agenda items\BCC Agenda Memo for Resolution for FIX)T SCOP Agreement Amendment No. 110-22-2013.doc 58 DUNS No.: 80-939-7102 Contract No.: A 0-72 CSFA No.: 55.009 FM No: 427572-1-58-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER ONE THIS Amendment,made and entered into this day of ,20__, by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27" Street, Building A, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on June 18, 2012 the parties entered into a Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 427572-1-58-01 for Construction (reconstruction) of CR512 Eastbound Lanes Only from Roseland Road to Easy Street and hereinafter referred to as the Project; and WHEREAS, the parties hereto desire to amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend the Agreement as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 3A of the Agreement is amended to read as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or December 31, 2014, whichever occurs first, or if terminated earlier in accordance with Paragraph 7 of the Agreement. 3. This Amendment increases the total funding needed for the Construction of the Project by THREE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED SIXTY TWO DOLLARS AND NO CENTS ($378,562.00). The funding is being increased due to the final award amount being higher than the original estimate of the Project. Paragraph 4A of the Agreement is amended to read as follows: The total Project cost is NINE HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS AND NO CENTS ($999,788.00). The DEPARTMENT will fund 75% of the cost of the Project which equals SEVEN HUNDRED FORTY NINE THOUSAND EIGHT HUNDRED FORTY ONE DOLLARS AND NO CENTS ($749,841.00), for the construction of the Project. The COUNTY shall be responsible for all costs in excess of the DEPARTMENT's participation. The COUNTY'S matching participation is in the form of Local (COUNTY) funds equal to 25% of the Project costs plus the remaining portion of the accepted bid amount that exceeds the DEPARTMENT's participation. 1 of 3 59 However, in the event the total Project cost is less than the estimated Project cost stated above, the Department shall oily pay 75%of the lesser amount and all remaining costs of the Project will be paid by the County. 4. Exhibit B,Deliverables,of the Agreement is amended as follows: DELIVERABLES CR-512(ROSELAND ROAD TO EASY STREET) (EASTBOUND LANES ONLY) INDIAN RIVER COUNTY, FLORIDA ITEM ESTIMATED UNIT QTYS. MOBILIZATION(INCLUDES PUCBLIC CONSTRUCTION BOND) LS 1 MAINTENANCE OF TRAFFIC LS 1 EROSION AND WATER POLLUTION CONTROL LS 1 RECLAIMED ASPHALT BASE COURSE FULL DEPTH RECLAMATION SY 32,765 ASPHALT EMULSION TYPE CSS-1h GAL 87,126 SUPERPAVE ASPHALTIC CONCRETE I"SP-9.5 _ SY 31,682 SUPERPAVE ASPHALTIC CONCRETE 1-112"SP-12.5 SY 31,682 PERFORMANCE TURF-SODDING BAHIA SY 8,855 PERFORMANCE TURF-SODDING(ST.AUGUSTINE,FLORITAM OR MATCH EXISTING) SY 5,904 ECONOLITE VEHICLE DETECTOR ASSEMBLY AS 3 SINGLE POST SIGN <12 4-2R MERGE AS 1 SINGLE POST SIGN <12 R3-7R RIGHT LANE MUST TURN RIGHT AS 2 RPM BI-DIRECTIONAL(WHITE/RED) EA 280 RPM(BI-DIRECTIONAL(AMBER/AMBER) EA 54 RPM BI-DIRECTIONAL(WHITE/MONO) EA 7 THERMOPLASTIC,TRAFFIC STRIPE WHITE SOLID 6" _ LF 9,830 THERMOPLASTIC TRAFFIC STRIPE WHITE,SOLID 12" LF 345 THERMOPLASTIC,TRAFFIC STRIPE,WHITE,SOLID 24" _ LF 135 THERMOPLASTIC TRAFFIC STRIPE WHITE SKIP 6" 6'-10' LF 1,434 THERMOPLASTIC,TRAFFIC STRIPE,WHITE,SKIP,6" 10'-30 LF 7,991 THERMOPLASTIC,PAVEMENT MESSAGE MERGE EA 2 THERMOPLASTIC,PAVEMENT MESSAGE ONLY EA 2 THERMOPLASTIC,STANDARD,WHITE,TURN ARROW EA 16 THERMOPLASTIC,STANDARD,WHITE,MERGE ARROW EA 2 THERMOPLASTIC,TRAFFIC STRIPE,YELLOW,SDLID,6" LF 8,628 The Participant will need written approval from the Department, if deviating from the items shown in Exhibit B. 2 of 3 60 All provisions,covenants,terms and conditions of the Agreement between the parties theretofore entered into (aw of June 18, 2012, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this Amendment is executed by the parties below for the purposes specified herein.Authorization has been give to enter into and execute this Amendment by Resolution No. hereto attached. INDIAN RIVER COUNTY,FLORIDA ATTEST: (SEAL) Clerk of Court BY: Joseph E. Flescher Chairman,Board of County Commissioners Approved as to Form and Correctness: IL County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY: EXECUTIVE SECRETARY DIRECTOR OF TRANSPORTATION DEVELOPMENT DISTRICT FOUR APPROVED: LEGAL REVIEW: BY: BY: DISTRICT PROGRAM MGMT ENGINEER OFFICE OF THE GENERAL COUNSEL 3 of 3 61 RESOLUTION NO. 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A FLORIDA DEPARTMENT OF TRANSPORTATION �r SMALL COUNTY OUTREACH PROGRAM (SCOP) AMENDMENT NO. 1 FOR THE CONSTRUCTION (RECONSTRUCTION) OF CR512 EASTBOUND LANES FROM ROSELAND ROAD TO EASY STREET. WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a SMALL COUNTY OUTREACH PROGRAM (SCOP)AGREEMENT on June 18, 2012,in which the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for Construction (Resurfacing) of CR512 Eastbound Lanes Only from Roseland Road to Easy Street in Indian River County, Florida for FM No. 427572-1-58-01 and hereinafter referred to as the PROJECT in the amount of$465,920.00. WHEREAS, the State of Florida, Department of Transportation has requested that Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO. 1 to the SCOP AGREEMENT, for increase of funding in the amount of$378,562.00 for the aforementioned PROJECT, resulting in total funding of$749,841.00 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, AMENDMENT NO. 1 to the SCOP AGREEMENT for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of 12013. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith Clerk of Court and Comptroller �()/ By: County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency F:\Public Works\ENGINEERING DIVISION PROJECTSU 132-CR 512 Ebnd Resurfacing Roseland Rd to Easy St-SEE PROJ 0926WAdmim`agenda items\Resolution Amendment No.1 to SCOP Agreement 10-22-2013.doc 62 * r INDIAN RIVER COUNTY, FLORIDA O BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. C111-- Public Works Director FROM: James D. Gray,Jr. � Coastal Engineer SUBJECT: Work Order No. 3 Coastal Planning and Engineering, Inc. Indian River County Beach Preservation Plan—2014 Update DATE: October 14, 2013 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with Coastal Planning and Engineering, Inc. (CPE) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. CPE is the selected County consultant for professional engineering services related to updating the County Beach Preservation Plan (BPP) in the year 2014. Indian River County developed and adopted its first comprehensive BPP in 1988, which included a management strategy for addressing coastal erosion along the County's 22.4 miles of shoreline. The BPP has been subsequently updated in 1998 and 2008. Following the recently completed Sector 3 Beach and Dune Restoration Project, a public workshop was held to discuss and identify additional strategies to abate the erosional effects on the County shoreline other than the traditional methods of pumping or trucking sand to the beach. During the public workshop several recommended strategies were discussed including the use of coastal structures (breakwaters, groins, etc.). It was later determined that an update to the BPP was warranted and should include coastal modeling studies for the use of coastal structures. The proposed Work Order No. 3 provides professional engineering services required to update the County Beach Preservation Plan. The proposed 2014 BPP update includes: use of a three dimensional numerical model to determine countywide sediment transport rates and the effectiveness of coastal structures, storm damage vulnerability analysis on public and private infrastructure, presents recommended strategies to manage the shoreline, project costs for those strategies, and provides recommendations for appropriate federal, state, and local funding. Once completed, the updated BPP will provide staff and the public with a sound engineering approach to future management of the County's beaches. Staff discussed, received feedback, and revised the proposed Work Order No. 3 based on recommendations from the County's Beach and Shore Preservation Advisory Committee. In addition, the final version of Work Order F:\Public WorksJames&BPP Update 2013-14\Work Order#3\agenda item Coastal Planning and Engineering Work Order#3--10- 22-13.docx 63 Page 2 BCC Agenda Item Beach Preservation Plan Update October 14, 2013 No. 3, incorporating the recommended changes, was presented to the Beach and Shore Preservation Advisory Committee on September 16, 2013. The cost for Work Order No. 3 is a lump sum amount of$199,953. The anticipated completion date for the 2014 Beach Preservation Plan Update is September 2014. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 13/14, funding in the amount of$300,000 is budgeted and available for updating the Beach Preservation Plan in the Beach Restoration Fund, Beach Preservation Plan Update Account No. 12814472-033190-06062. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 3 in the amount of $199,953 to the contract with Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Coastal Planning and Engineering, Inc. Work Order No. 3 (2 original copies) APPROVED AGENDA ITEM FOR: October 22, 2013 BY Indian River County App ved Date Administration /C, '3 Budget to/141-5 i'3 Legal 5 Public Works C✓"`- rc~ 5 Coastal Eng. Division 10114113 F:Tublic WorksUamesGlBPP Update 2013-14,Work Order#3lagenda item Coastal Planning and Engineering Work Order#3--10- 22-13.doca 64 WORK ORDER NUMBER 3 BEACH PRESERVATION PLAN UPATE -2014 This Work Order Number 3 is entered into as of this day of , 2013 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Coastal Planning & Engineering, Inc., A CB&I Company ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, 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 para�oraph 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 BOARD OF COUNTY COMMISSIONERS Coastal Plannin r& Engineering, Inc. OF INDIAN RIVER COUNTY By: i KI_ \!I Go-rein n G. Thomson, P.E., D.CE Joseph E. Flescher, Chairman Title: Vice President Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: lo A/!3 By: (Seal) Deputy Clerk Approved: An,J) 1 By: septi . Bair ,County Administrator Ap. ovcd as to form and legal sufficiency: By: ¢ Dylan Reingold, County Attorney 65 Coastal Planning & Engineering, Inc., A CB&I (W : EXHIBIT 1 2481 NW Boca Ra onpBlvd Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBl corn August 29, 2013 Rev September 13, 2013 Rev October 9, 2013 James Gray Indian River County Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County Beach Preservation Plan 2014 Update Dear James.- Indian ames:Indian River County developed the first comprehensive Beach Preservation Plan in 1988. The plan was subsequently updated in 1998 and again in 2008. The County has determined that an update to the Beach Preservation Plan (BPP) is appropriate at this time and this proposal outlines a scope of work for this effort. Report Intent and Layout The intent of the BPP is to assist the County in managing its beaches, which is one of its most valuable assets. The report will outline strategies that adapt to the needs of various sections of the coast and quantify the recreational and structural benefits to the community based on a scientific and engineering based approach. It is recognized that this document is being developed for the general public and that the audience will be non-technical in nature. The main body of the report will be prepared with this consideration. Any items that are technical in nature or background data that can be referenced will be included as an appendix. Task 1: Update of Beach Conditions Shoreline and volumetric change conditions based on the latest available survey data from the County will be updated in the BPP. The 2008 BPP analyzed shoreline and volumetric changes for time periods (1972 to 1986 and 1986 to 2005). This analysis will be extended through to 2013. The depth of closure will be evaluated on a line by line basis before developing an average depth of closure by sector. The impact of hardbottom on the depth of closure will be discussed. The erosion analysis shall include all survey data from 2005 to the most recent data available, and report shoreline change (at Oft, 5 ft, and 10 ft elevation) and volumetric change (to an agreed upon depth). The report will include a tabular and graphic presentation of the data for each R- monument in the County. CPE will also evaluate the impact of storms in 2005 and 2012. We will examine recovery of the beach with respect to the shoreline and various dune elevations to determine whether natural recovery can be expected under future storm events. 66 CPE will document beach nourishment projects constructed, including the Sector 3 project constructed from May 2010 through March 2012. CPE will develop a sediment budget and alongshore transport rate for the entire length of the County. Net sediment transport rates at the north end of the County (Sebastian Inlet) will be based upon literature. CPE will evaluate whether diffusion from beach nourishment projects will need to be removed from the longshore transport analysis in order to determine longshore transport due to wave driven transport. A comparison of the longshore transport rates determined from this analytic analysis of volumetric changes will be compared to numerically modeled longshore transport, discussed later in this scope. CPE will incorporate environmental data from monitoring reports developed following the 2008 BPP. This is expected to primarily include monitoring of the Sector 3 Beach and Dune Restoration project. Task 2: Public Meetings Following an update of the beach conditions, CPE will hold a public meeting/ planning charette in Vero Beach to explain the goals and objectives of update to the BPP and to solicit public input into potential beach management strategies. A summary of public comments will be included in the BPP. A second public meeting will be held following development of the beach management strategies and completion of the strategy modeling. Task 3: Sector Boundaries and Beach Management Strategies CPE will review the boundaries of the various Sectors (1 through 8) within the County. The delineation of these sectors will be evaluated with respect to dominant coastal processes, historical shoreline changes, projected bluff location in 30 years, upland development, and environmental resources. The boundaries will be left as is for consistency purposes unless there is a significant need to change them, such as a different beach management strategy being employed within the sector. Various beach management strategies will be evaluated for each sector. This may include but not be limited to no action, beach restoration, dune restoration, coastal structures, and sand bypassing. Regulatory and environmental constraints associated with the various strategies will be considered. A generalized strategy will be recommended for each section. While all sectors will be evaluated, it is anticipated that Sectors 3, 5 and 7 will be the areas that will require greater focus with respect to management strategies, based on the previous Beach Preservation Plan and a review of ongoing efforts. We will develop preliminary alternatives to assess a given strategy, such as examining the dune or beach nourishment volume required to provide a given level of protection and how that would affect nearshore hardbottom. We will also provide an initial analysis of potential structural solutions, including groins, permeable adjustable groins, T-head groins, breakwaters, seawalls, revetments, submerged reefs and PEP reefs. During the scoping meeting for the BPP, the effectiveness of the PEP reefs was discussed. Special consideration will be given to the evaluation of the PEP reefs using the latest available data. 67 A conceptual layout will be based on analytic analyses and equilibrium shoreline locations. An initial cost and annual cost for these potential structural solutions will be developed. A discussion of permitting considerations including hardbottom coverage and potential downdrift impacts and expected permitting effort will be included. This more detailed discussion of potential structural solutions will be included as an appendix in the BPP. A summary of the discussion on coastal structures will be included in the main body of the Plan. The preferred alternatives will be carried forward into the coastal modeling effort. Any beach fill strategies will require fill to execute the strategy. A discussion of upland and sources and offshore borrow areas will be included in the BPP based on available literature and previous field investigations. No additional field work is proposed. CPE will present the interim findings of the beach management strategy to the Indian River County Beach Commission. Feedback from this meeting will be incorporated into the BPP. Task 4: Public Access Inventory CPE will include an updated inventory of existing public beach access within the County. The public access points will be described with respect to whether they are primary or secondary access points as defined by the FDEP. The length of shoreline eligible for cost sharing by the State will also be updated. CPE will coordinate with the County to determine whether there have been changes to the 2008 public access inventory. No field verification of the number of parking spaces is proposed as part of this work. If verification of the number of parking spaces is required, CPE will rely on the County to provide this data. CPE will inform the County if a site visit is specifically required to document public access conditions. An assessment of beach access improvements will be performed. Recommendations will be developed based on the cost effectiveness of improving the beach access in order to obtain additional State funding. These recommendations will partially be based on the recommended strategy for a given beach sector. Task 5: Coastal Modeling - DeIft3D Alternatives Analysis CPE will develop a three dimensional DeIft3D model that extends the length of Indian River County. DeIft3D can model the complex interactions between offshore bathymetry, waves, tides, winds, currents, sediment transport, erosion and deposition. The model will be used to determine longshore transport rates and if there are localized areas of wave focusing. As such, the model will assist in the analysis of coastal processes and the development of specific beach management strategies. Waves in DeIft3D are simulated using SWAN (Simulating Waves Nearshore), an advanced wave transformation model that incorporates most wave transformation processes, including breaking, shoaling, refraction, diffraction, and bottom friction. SWAN will transform waves from deepwater to nearshore. Water levels, currents, sediment transport and bathymetric changes will be simulated using DeIft3D-FLOW. f 68 i. Model Grid Development The model grid will extend from approximately 1 mile south of Sebastian Inlet to the southern boundary of the County (R-119). Sebastian Inlet has been excluded from this modeling effort due to the effort that would be required to include inlet effects. The model would have to be expanded to include Indian River Lagoon and significantly impact model setup and run time. The south County line has been selected as the southern boundary of the model because no alternatives are expected to be evaluated in this area. The beach at the south end of County (Sector 8) is stable to accretional based on previous analyses, thus not requiring intervention. The updated shoreline and volumetric change analysis will determine the validity of this assumption before finalizing the model domain. Given the computational intensity required to model sediment transport within the entire model domain, nested grids will be created for three areas in which beach management strategies can be further investigated. Three individual SWAN grids will be nested within the countywide SWAN grid to evaluate wave transformation adjacent to coastal structures. Similarly, three DeIft3D-FLOW grids will be used with domain decomposition in order to provide high level of detail of flows and morphology evolution in the three project areas and maintain efficient simulation timescales. It is anticipated that these finer grids will be focused in Sectors 3, 5, and 7, where erosion is a chronic problem and fill and/or structural solutions may be required. Sector 3 has historically suffered higher erosion rates though a beach and dune restoration project was recently constructed and a repair to the project is in the permitting process. Sector 1A has also experienced higher volumetric losses and shoreline retreat. However, this erosional stress is recognized as being a function of the Sebastian Inlet and is being addressed by the Sebastian Inlet District. No detailed evaluation is proposed in this area. The bathymetric data sets will be utilized to depict the past and present bathymetry using the model grids. Similarly, hardbottom surveys will be incorporated within the nested DeIft3D-FLOW grids. Historic hardbottom will be imported through GIS maps provided by the County. The model will be populated with available data. Nearshore bathymetric and topographic data will rely upon the latest countywide survey. Offshore hardbottom will be modeled by including all available data from previous County monitoring efforts to the 2013 hardbottom mapping effort in Sector 3. Offshore bathymetric data will be based on surveys conducted by NOAA or USGS. Wind, wave, and water level measurements will be based on data collected by FIT, USACE and NOAH. No field work (hydrographic surveying, wave and tide Gauge deployment) is proposed in support of the modeling effort. If it is determined that the available data is insufficient to develop an accurate model then collection of additional data will be discussed with the County. The current assessment is that the available data should be sufficient. ii. Water Level & Current Calibration The water level and current measurements collected will be utilized to calibrate the Delft3DFLOW model. Wave measurements and water levels previously collected will provide the offshore boundary conditions for each calibration run. Water levels will provide the basis for evaluating the results of each calibration run. Present bathymetries will be used as input, along with concurrent wind data from NOAA. Delft3DFLOW and SWAN will be run simultaneously to resolve the influence of waves on the 69 r currents in the study area. The primary focus of the task will be the determination of the parameters required to properly simulate the currents and water levels. iii. Wave Transformation Calibration Wave measurements and water levels will provide the offshore boundary conditions for each calibration run. Available nearshore data will be used to calibrate the transformation of the waves. FIT collects offshore data in 90 feet of water and closer in at 28 feet. This data will be used to calibrate the wave transformation. The purpose of this task will be the determination of the parameters required to properly estimate wave transformation. iv. Calibration of Morphological Changes (Erosion & Deposition) Once the DeIft3DFLOW and SWAN models have been calibrated to simulate water levels, currents, and wave transformation, the Delft3DFLOW model will be calibrated to simulate morphological changes (erosion & deposition) specific to this study. The basis for calibration will be the beach profile and bathymetric changes between at least one past condition and the present condition. The starting bathymetry for each calibration run will be a past bathymetry. The present bathymetry or another past bathymetry will provide the basis for evaluating the results. The model will be calibrated to match the sediment budget developed through comparison of survey data. M4W Wave climate information will be utilized to determine the typical wave conditions during the morphological change calibration period. The typical wave conditions will be schematized using approximately 19 wave cases (CPE, 2009) combined with a representative tide to delineate the offshore boundary conditions. A sufficient number of calibration runs will be performed to determine the best combination of parameters to realistically simulate the beach profile changes in the entire study area. V. Modeling of Preliminary Alternatives As discussed previously, a finer grid and the DELFT3D-FLOW module will be applied in Sectors 3, 5, and 7, where fill and structural solutions will likely be required to address chronic erosional problems. The preliminary alternatives developed during the beach management strategy section will be evaluated using the DeIft3D model. We will model two fill only scenarios and 4 structural solutions. Each modeled alternative will be compared to a baseline condition in order to draw conclusions on the expected result of implementing each scenario. Optimization of the structural layout is not proposed as part of this effort. Instead, the concept will be evaluated to determine whether it is cost effective and feasible, and estimate any downdrift or offshore impacts. The alternatives analysis will incorporate up to 14 production runs. Each of the 7 alternatives (no action, 2 fill scenarios and 4 structural scenarios), will be analyzed under a 10-year storm event and then a 5-year simulation period. 70 vi. Model Results Reporting A modeling report will be prepared as an appendix to the BPP. The report will document the data collection, model setup, calibration, and specific results of the modeling effort. The information to be included will be as follows: • Model set-up and features. • Grid development and characteristics. • A summary of the bathymetric and wave data used in the modeling and analysis. • An explanation of model calibration and application for the wave cases examined. • The parameters and processes utilized in the DeIft3D modeling package. The appendix will conform to FDEP's guidelines for DeIft3D modeling studies. Task 6: Coastal Modeling -Vulnerability Analysis CPE will perform a storm damage vulnerability analysis for Indian River County. The analysis will utilize the Storm Induced Beach Change Model, SBEACH, developed by Larson and Kraus (Larson and Kraus, 1989) for the US Army Corps of Engineers (USACE). SBEACH simulates changes in the beach profile that could result from coastal storms of varying intensity in terms of storm tide levels, wave heights, wave periods, and storm duration. Information required as input to run the SBEACH model includes the beach cross-section, the median sediment grain size, and the time histories of the wave height, wave period, and water elevation. This information will be gathered from existing data sources. No new collection of data is proposed. If it is determined that the available data is insufficient to develop an accurate model then collection of additional data will be discussed with the County. The current assessment is that the available data should be sufficient. CPE will develop a suite of storms for 4 different return intervals (5-years, 10-years, 20-years, and 30- years). Each return interval will have 6 distinct storms. Each of the storms will have one characteristic (wave height, peak wave period, or storm stage) that matches the value of the return interval for that characteristic. The other characteristics will be scaled in relation to the scaling of the characteristic intended to match the return interval. For example, if the maximum offshore wave height for a 5-year storm event is 20 feet, then we would take an actual storm event that had a maximum wave height of 16 feet and increase all the storm characteristics by 25%. The model will be run for all 119 profile lines within the County. With 24 storm events per profile, a total of 2,856 model runs will be performed. The pre and post-storm profiles will be compared for each storm event and the most landward reduction in profile height by 0.5 feet and 1.0 feet identified. This will be translated to a plan view location within a GIS map. Thus an area of expected "land loss" and expected damage can be estimated for each return interval. CPE will calculate the expected land loss and the associated land value along the length of the County. CPE will include the expected damage costs on a structure by structure basis if the County can provide, in GIS format, structure values and locations. It is beyond the scope of this work to digitize the outline of each structure and match its value from County Property ® records. This additional effort would provide a more accurate assessment of projected damage but is 71 unlikely to alter the overall findings of the analysis. If this is required, CPE can provide an additional cost to develop this data suitable for incorporation into the analysis. Task 7: Storm Damage Reduction Analysis The analysis of potential storm damages will be followed by an evaluation of the size of a beach fill that would be required to eliminate the potential damage identified with a particular storm return interval. For example, if 5 structures in a given shoreline reach are identified as possibly being impacted by a storm with a 10-year return interval, SBEACH would be re-run to determine the size of a beach fill that would be needed to eliminate that potential threat. This process will be repeated for each storm and each reach for which potential damages are indicated. The outcome of this analysis will be a list of beach fill dimensions needed in each reach to eliminate storm damage threats to structures for every storm return interval deemed to pose a potential threat. The results of this analysis can be used to formulate a beach nourishment strategy that would seek to equalize the magnitude of the storm damage risk for the entire County or at least reduce the risk to an acceptable level. The determination of what constitutes an acceptable level of risk would depend on priorities established by the County. This would likely be driven primarily by the cost of implementing a storm damage reduction project. To assist in this determination, CPE will include a range of possible construction costs for beach fill projects that would theoretically eliminate the risk of storm damage in each reach for all the return interval storms included in the analysis. CPE will prioritize higher probability of permitting projects in an effort to minimize costs to the County. Task 8: Recreational Benefit Analysis Information regarding the usage of the beach, and by whom, is a critical aspect of developing a beach management plan. A recreational benefit analysis, combined with the storm damage reduction analysis, will assist the County in determining the economic viability of the various beach management strategies. The State of Florida is starting to incorporate these types of analyses when determining funding for various projects and the Chamber of Commerce can also use these studies to determine the benefit of beaches on the overall economy. The recreational benefit analysis will determine the recreational value of the County's beaches. It is developed by determining the average value of a day at the beach multiplied by the number of days spent on average at the beach. The analysis will also investigate whether the beach goers are tourists or residents. Recreational benefits are difficult to define as use of the beach is free. Thus, the recreational benefit must be defined by asking beach users what they would be willing to pay to visit the beach. While access to the beach is free, there are associated costs such as food, fuel, and lodging. These also contribute to the value of the beach. CPE will assist the County in developing the questionnaires. It is expected that the County will conduct the surveys, which will be one week long and take place once in a summer month and once in a winter month. This will avoid the daily variability in beach usage by including the weekend as well as seasonal variability in the perceived value of the beach visit (tourists may deem the beach more valuable in 72 January than in July). CPE recommends that the County coordinate with the lifeguards and determine if they have any additional data that could be useful to the analysis, such as daily usage rates. The surrey will include questions such as where the beach goer lives, if from out of town how long were they staying, how they travelled to the beach, what they enjoyed most about the beach, the length of each beach visit, how often they visited the beach, number of people in their party, daily expenditures associated with visiting the beach, and age and income demographics. CPE will coordinate with the crew administering the surrey. Task 9: Economic Analysis The storm damage reduction benefit analysis, recreational benefit analysis and cost of the beach proposed beach strategies will be compiled to provide an overall economic analysis of the benefit of preserving the County's beaches. This analysis will be projected over a 30-year horizon. The economic analysis will also include whether annual maintenance due to storm events is adequately addressed in the long term analysis. While average storm events will be included in the longer term cost and benefit analysis and projects are designed to withstand these, events such as Hurricane Sandy, may require the County to access contingency or reserve funds. Data supplied by the County will be used to determine if annual maintenance within the long term plan is sufficient to address above average storm seasons. Task 10: Funding Alternatives CPE will assist the County in evaluating potential funding options. A discussion of potential funding options will be included in the BPP, including local, State and Federal funding options. A brief discussion of potential local funding options such as a Municipal Services Benefit Unit (MSBU), Municipal Services Taxing Unit (MSTU), Erosion Prevention District (EPD), Independent or Dependent Special Taxing Districts or parking fees will be included. A 10-year funding strategy will be included in this section. This will include an estimate of proposed construction costs along with monitoring costs. Task 11: Implications of Sea Level Rise Sea level rise is becoming a more prominent public concern. A section of the BPP will be dedicated to discussing sea level rise as it relates to the management strategies and how the County can include sea level rise in their planning efforts. This discussion will be restricted to the impacts of sea level rise on the proposed beach management strategies. Impacts of sea level rise to infrastructure close to the beach will be included in the vulnerability analysis. A broader discussion on how sea level rise could affect drainage, water supply, etc. is beyond the scope of this effort. Task 12: Memorandum of Understanding with Sebastian Inlet District Relative to future management strategies for Sectors 1, 2 and 3, County staff include the Memorandum of Understanding (MOU) between the County and the Sebastian Inlet District in the updated Beach Preservation Plan. 73 Task 13: Plan Formulation and Deliverables Based on the above tasks (1-12), CPE will prepare a Draft Beach Preservation Plan for County staff review. The Plan will be consistent with FDEP Erosion Control Program guidelines, and maximize potential for State funding for erosion control projects. The Plan will include sections describing: 1) The locally preferred alternatives consistent with Florida statutes for addressing or abatement of beach erosion in each sector, 2) The necessary restoration and maintenance activities over the next ten years, 3) A 10-year funding strategy, including post storm recovery budget recommendations. CPE will review the Draft Plan with the County and make appropriate revisions as may be identified by the County. CPE will meet with the Beach Committee to present the results of the above tasks (as described in Task 2). CPE will incorporate revisions to the Draft Plan as may be identified and directed by the County. CPE will assist the County staff in presenting the results of the study to the Board of County Commissioners. Following Board review and appropriate action, CPE will provide three (3) hard copies and one (1) electronic copy (MS Word and PDF) of the Final BPP update. Timeline A draft schedule of main work and deliverables is provided in Table 1. The schedule is based on a Notice to Proceed Date in September. However, the schedule is still achievable, barring any unforeseen circumstances, if this date slides. The critical path item is the summer beach survey and incorporation of that data into the economic analysis and draft BPP report. Table 1. Anticipated Project Schedule Anticipated Completion Description Start Date Date Notice to Proceed Oct-13 Update of Beach Conditions Oct-13 Nov-13 Planning Charette Nov-13 Delft3D Calibration Oct-13 Feb-14 Delft3D Production Runs Feb-14 Mar-14 Delft3D Draft Report Mar-14 Apr-14 Vulnerability Analysis Nov-13 Feb-14 Storm Damage Reduction Analysis Feb-14 Mar-14 Recreational Benefit Analysis Oct-13 Jun-14 Economic Analysis Mar-14 Jun-14 Draft BPP Report Jul-14 Comment Period Jul-14 Aug-14 ® Final BPP Report Sep-14 74 Cost The cost for development of the BPP is a lump sum cost of $199,953.00. A breakdown of the hours and expenses to develop these costs is attached. All work will be performed follow the provisions of the Professional Coastal Engineering Services Agreement, dated March 19, 2013, between Indian River County and Coastal Planning & Engineering, A CB&I company. Summary We appreciate the opportunity to work with Indian River County on this effort and recognize the importance of the Beach Preservation Plan for the future of Indian River County's beaches. It is proposed to complete this work within 1 year of issuance of a notice to proceed. The cost of the work is a lump sum of$199,953.00. j relon Thomson Vice President Coastal Planning & Engineering, Inc. Please Reply To: Gordon Thomson Phone: 561.361.3147 E-Mail Address: Gordon.ThomsonCcDCBI.com cc: Tom Campbell, CPE David Swigler, CPE Tom Pierro, CPE Sheri Dindial, CPE Ann Range, CB&I F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\WO#3-Beach Preservation Plan\Proposal-Gray- Work Order#3-Beach Preservation Plan-10-9-13.docx 75 COST ESTIMATE FOR INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER#3 August 27, 2013 Rev October 9, 2013 4w ❑ ❑ 76 EXHIBIT 2 TABLE 2 - SUMMARY OF COSTS INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER#3 TASK DESCRIPTION Task Order Cost 1 UPDATE OF BEACH CONDITIONS $17,398 2 PUBLIC MEETINGS $8,516 3 SECTOR BOUNDARIES AND BEACH MGMT STRATEGIES $20,198 4 PUBLIC ACCESS INVENTORY $1,583 5 COASTAL MODELING -DELFT31)ALTERNATIVES ANALYSIS $102,624 6 COASTAL MODELING -VULNERABILITY ANALYSIS $30,296 7 STORM DAMAGE REDUCTION ANALYSIS $8,591 8 RECREATIONAL BENEFIT ANALYSIS $3,314 9 ECONOMIC ANALYSIS $3,784 10 FUNDING ALTERANTIVES $2,568 11 IMPLICATIONS OF SEA LEVEL RISE $1,081 MAXIMUM WORK ORDER COST $199,953 Cost Breakdown-WO#3-8-27-13.xis v CONSENT AGENDA INDIAN RIVER COUNTY , OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 15, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administr Jason Brown, Budget Director C Christopher R. Mora, P.E., Public W rks irector FROM: Jennifer Hyde, Purchasing Manage-- SUBJECT: Approval of Bid Award for IRC Bid No. 2013048 Annual Bid for Lawn Maintenance and Pressure Cleaning BACKGROUND: The Public Works Department requested the solicitation of annual bids for lawn maintenance and pressure cleaning at County facilities. BID RESULTS: Bid Opening Date: July 25, 2013 Advertising Date: June 19, 2013 DemandStar Broadcast to: 361 Suppliers Specifications Requested by: 34 Vendors Replies: 6 Vendors BID TABULATION: Annual Annual Bidder City/State Mowing Bid Pressure Cleaning Bid Boro Building& Property Sarasota, FL NO BID $41,060.00 Maintenance FL&L Environmental, Inc. dba Forever Lawn & Landscape Port St. Lucie, FL $70,872.00 $12,820.00 Green Leaf Landscaping & Irrigation Melbourne, FL $118,680.00 $43,805.00 Top Heavy Lawn Care, LLC Fort Pierce, FL $121,000.00 1 $24,050.00 Sunshine Land Design, Inc. Stuart, FL $128,904.00 NO BID Nilescrver2TtiblicTurchasinglBids\2012-2013 FY(2013000)\2013048 Anmul Lawn Mamtena,OLawn hlaintenancc Bid Award Agenda-2013048•FINAL d" 78 CONSENT AGENDA ANALYSIS: Prior to bid opening, staff developed an estimated cost of providing these services with Facilities Management employees and equipment (please see attachment). The table below provides a comparison of the recommended bids to the in-house costs for lawn maintenance and pressure cleaning. Comparison of Bids to In-House Cost Estimate Estimated In- Recommended Bid Recommended Bid Total Bid Estimated House Cost Lawn Maintenance Pressure Cleaning Amount Annual Savings $234,872 $70,872.00 $12,820.00 $83,692.00 $151,180 As shown above, the recommended bid award would provide an estimated annual savings of $151,180. This award would result in a reduction of four (4) full-time positions in the Facilities Management Division. There are vacant positions in other County departments which the Facilities Management employees may be eligible to fill. SOURCE OF FUNDS: Funding for this award during FY 13/14 is available within the Facilities Management budget. Funds currently budgeted for salaries and benefits for the four (4) full-time positions and various supplies will be transferred to the Other Contractual Services account shown below: Account Number Account Description Amount 00122019-033490 Other Contractual Services $83,692.00 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to FL&L Environmental, Inc., dba Forever Lawn & Landscape of Port St. Lucie, as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 22,2013 through September 30, 2014 to the recommended bidder, and • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. • Authorize the transfer of funds within the Facilities Management budget to allocate funds to the Other Contractual Services account. ATTACHMENTS: Recommendation of Award (Department) (WI Bid Tabulation \1Filescrver2\PublicNurchasing\Bids\2012-2013 FY(2013000)\2013048 Annual Lawn Maintenance\Lawn Maintenance Bid Awerd Agenda-2013048-FINAL duc 79 CONSENT AGENDA Bid Submittal In-house Cost Estimate APPROVED AGENDA ITEM Indian River Co ApprqXM, Date BY: Admin %D 7 Legal PM septA Baird, County Administrator Budget OffS Department /p- -/ Risk Manner _ FOR: ;rte-jar (W \Fikserver2`d'uMic\PurchasingV3ids\:012-2017 FY(2013000)�IU13048 Annual Lawn MaintenancNLawn Maintenance Bid Award Agenda-2011048-FINAL doc 110 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT INTER-DEPARTMENT MEMORANDUM TO: Jennifer Hyde, Purchasing Manager FROM: Christopher R. Mora, P.E., Public Works Director �irw SUBJECT: Recommendation for Award of Bid #2013048 for Annual Bid for Lawn Maintenance and Pressure Cleaning DATE: September 16, 2013 I have reviewed the proposals received for Bid #2013048 Annual Bid for Lawn Maintenance and Pressure Cleaning. We received six bids. Only four of the bids were for both mowing and pressure cleaning. The low bidder, FL&L Environmental, is based out of Port St. Lucie, Florida. The bid amounts are $70,872.00 for mowing and $12,820.00 for pressure cleaning, for a total bid amount of $83,692.00. I recommend that Bid ##2013048 Annual Bid for Lawn Maintenance and Pressure Cleaning be awarded to FL&L Environmental of Port St. Lucie as the lowest bidder meeting all specifications. Please contact me with any questions you may have. F:\Public Works\Luanne M\Facilities Management\Bid Award Annual Lawn Maint 09-16-13.doc 81 ` C C INDIAN RIVER COUNTY PURCHASING DIVISION u 1800 27th Street,Vero Beach,FL 32968(772)226-1416 v> L L BID TABULATION 2:1 cc Ld G G CCF i Bid Opening Date Time July 25, 2013 2:OOPM Bid No. Department p a �' w 2013048 Facilities _ L Q) L Bid Title Annual Bid for Lawn Maintenance and PressureL e y L > L 64 C L U ', C `� G L Cleaning =°. W Cd? � a o� U L. r4 w Description Annual Bid Annual Bid Annual Bid Annual Bid Annual Bid Annual Bid Bid Form y y y y y y Addendum #1 y y y y y y Disclosure y y y y y y Bidder's Questionnaire y y y y y y Total Bid Price- MOWING NO BID $138,600.00 $70,872.00 $118,680.00 $128,904.00 $121,000.00 Total Bid Price- PRESSURE CLEANING $41,060.00 $34,800.00 $12,820.00 $43,805.00 NO BID $24,050.00 WITNESS TO BID OPENING: Maeghan McLaughlin AND Jennifer Hyde at IJ 2013048 Annual Lawn Maintenance and Pressure Cleaning Bid Form Bidder Name dN(L���(L'f�' Annual Lawn Maintenance and Pressure Cleaning Bid #: 2013048 Bid Opening Date and Time: July 25, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 1h Street Vero Beach, FL 32960 In accordance with all terms,conditions, specifications, and requirements,the Bidder offers the following: Lawn Maintenance Monthly Cost Annual Cost 1. Indian River County Administration Complex $ $ 0 2. Indian River County Judicial Complex $ to r-,, $ 5 sF5Q 3. Indian River County Main Library $ L4 u 5 $ 5S 4. Indian River County Administration Annex $ ( ( S $ ( '�j�C 5.Indian River County Old Administration Site $ $ ( ' L 6. Indian River County Emergency Operations Center $ 1 1 (ol $ 40C�Lf 7. Indian River County 43rd Ave Annex $ d $ V� 8. IRC Transit Facility $ v $ 9. Indian River County North County Library $ 5 q LA $ 10. Indian River County Veterans Office/Homeless Center $ it 5 $ d 11. Ixora Warehouse $ i L10 $ 6 10 12. South County Tower Site $ �jrJ $ L 0 13. North County Tower Site $ 3 5 $ 14.West County Tower Site $ 35 $ 4 15. EMS Tower Site $ 35 $ T LQ 16. Hobart Tower Site $ 35 $ H O Total Annual Bid Price - Mowing $ `� 5� VE TG,��T tt LA k: +`J Total Mowing Bid Price in Words Tom'O Page 18 of 24 83 2013048 Annual Lawn Maintenance and Pressure Cleaning Bidder Name: Exterior Pressure Washing j Annual Cost 1. Indian River County Administration Complex Per Cleaning Frequency Total Entrances $ 310 x4 12 O D Full Building $ q OC) x1 $ I DO - Sidewalk $ 2,'-1 S x2 $ 1550 Annual Total-Administration Complex Pressure Washing $ L4 rj C) 2. Indian River County Judicial Complex Per Cleaning Frequency Total Entrances and portico $ jcz�- x4 $ j 2pp Full Building $ j-� xl $ 91573 Sidewalks $ jv x2 $ 9 0 C) Garage stairwells $ LC)Ox4 $ 13CU Annual Total-Judicial Complex Pressure Washing $ rJ 3.Indian River County Main Library Per Cleaning Frequency Total Entrances $ 3e*),,D x4 $ t 3LO^v Full Building $ 0 xl $ -7�c7 Sidewalk $ j`,G x2 $ O O Annual Total-Main Library Pressure Washing $ a 5 c7 4. Indian River County Administration Annex Per Cleaning Frequency Total Entrance $ ' -1 ,' X2 $ i yD Annual Total-Administrative Annex Pressure Washing $ 5. Indian River County 43rd Ave Annex Per Cleaning Frequency Total Entrance $ j ) ci X2 $ 3 v Full Building $ (j xl $ C v Sidewalk $ 7�j x2 $ J5 Annual Total-43rd Avenue Annex Pressure Washing $ ` 6. IRC Transit Facility Per Cleaning Frequency Total Full Building and $ X2 $ -1 �� Sidewalks 3�j � Annual Total-Transit Facility Pressure Washing $ Is-C) Page 19 of 24 84 2013048 Annual Lawn Maintenance and Pressure Cleaning 7. Indian River County North County Library Per leaning Frequency Total Entrances $ �'1� x4 Full Building $ 1 0 xl Sidewalk $ 05© x2 $ iJ C) Annual Total—North County Library Pressure Washing $ LAO G I TW G LJ C 714bgsA KV 9-Tom, 14 T HVNC*-� <Z�k -�tc tJ'i`f j Total Pressure Washing Bid Price in Words 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: C_ll'L L-1/C LNVJIiJ V� LAKADSCIAPL Company Address:-t L-aCI L VQ. OA-VP City, State i OQ:T 15( L ISC-3:C- Zip Code 349,66 Telephone: 1_Qk - ��a� ` 5cl00 Fax: 'Pro E-mail: �J"O1'-2.\/e-V- lGl Uri(1 j�� U� 7..�'_1�L}.LO Vn Business Tax Receipt Number: I � O� l I '1 FEIN Number: 45 3-3t A ('E Authorized Signature: ��n Date: c�' 3 Name: JP e C, Title: (Type/Printed) Page 20 of 24 85 Lawn Maintenance & Pressure Cleaning Privatization Bid In-house Cost Estimate Summary Description Est. Cost Budgetary Impact Position Eliminations: Salaries $156,869 $131,669 Benefits $73,674 $61,639 Subtotal -Salaries & Benefits $230,543 $193,308 Equipment: Fuel $14,089 $14,089 Depreciation $18,668 $0 Miscellaneous $13,475 $13,475 Subtotal -Equipment $46,232 $27,564 Supplies: Mulch $10,000 $10,000 Fertilizer $1,000 $1,000 Pest Control $500 $500 Irrigation $2,500 $2,500 Subtotal -Supplies $14,000 $14,000 Total $290,775 $234,872 Note: Estimate based on information provided by Facilities Management. See detail pages for further information regarding the cost estimate. Depreciation removed and replaced with 13/14 budgeted capital amount for budgetary impact. 10/15/2013 F:\Budget\Kristin\Facilities ManagernORAF Wn Maintenance & Pressure Cleaning Privatization.xls 86 CONSENT INDIAN RIVER COUNTY UT OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 14,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director,Office of Management and Bud et FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Ratification of Change Order to Purchase Order 68362—Sandridge Golf Course, Lakes #2 Course Drainage Repairs BACKGROUND: On July 29th 2013, the first of two sinkholes developed on the Lakes #2 course. After assessment by staff from Sandridge and the Department of Utility Services, it was determined that drainage pipes had failed and required replacement and repair outside the ability of internal resources. Three quotes were obtained for the repairs, with Felix Associates of Stuart, FL submitting the lowest qualified quote of$28,600.12. In order to expedite the work, the County Administrator authorized issuance I of a Purchase Order(PO) to Felix Associates, effective October 1, 2013. Work included removal of 170 LF of 42-inch corrugated metal pipe and replacement with ADS pipe, as well as restoration of sand bunkers and sod impacted by the sinkholes and repairs. During execution of the work, adjacent sections of pipe were also found to have failed. Felix was asked to submit quotes for replacement of the additional 352 LF of pipe and completion of associated restoration work to sod and sidewalk. Their proposals submitted were for an additional $61,909.78. Upon recommendation of the Public Works Director, the County Administrator determined it most appropriate to have all the questionable sections of pipe replaced while the contractor was still on site, in the hopes of preventing another closure to the course. As such, the Administrator authorized a change order to the Felix Associates Purchase Order, bringing the PO total to $90,509.90. This exceeds his normal $50,000 authorization authority and requires approval by the Board after the fact. RECOMMENDATION: Staff recommends the Board of County Commissioners ratify the change order made to PO# 68362. ATTACHMENTS: Updated Purchase Order Supplemental Quote APPROVED AGENDA ITEM Indian River Co A ve Dal BY: ' e Admin jv �� 13 t;seph . Baird, County Administrator Le allaud etFO - l � LPO/,-3 Department / 1_3 Risk Manager Jli 3 \'%Filexrver2\Publie'Murcluting�%liacellan•us Agendas'.102213-Sandridge Lakes Course Irrigation.doe 87 ASSOC Proposal Page I of 1 8526 S.AV.ICANSAS AVE. STUART,FLA.34997 PROPOSAL SUBMITTED TO: DATE: 1011.6113 Proposal No.3 COMPANY: Sand Ridge Golf Club JOB NAME: 42"ADS CONTACT: Bela Nagy PHONE: 772-770-5003 ADDRESS: 5300 73" Street STATE&ZIP: Vero Beach FL, 32967 We hereby submit a Proposal for: ]temove and replace additional 42"ADS into existing structure.and sod with 419 grass. Note*Will need to be dewarcred Also Includes Lake nutfall a Item JQuantity I Units I Unit Price I Total Price MOB!DEMOB-Is dum ster and supervision 1 LS S 1,407.60 S 1,407.60 Rem/Re lace 42"ADS 172 LF S 85.81 S 14,759.32 DewaterinG I LS S 3,382.01 S 3,382.01 Fine Grade 633 SY S 5.07 S 3,209.31 Sod 419 633 SY S 5.79 S 3,665.07 Lake Outfall I LS S 5,996.26 S 5,996 26, S k S S - Total $ 32,419.57 We hereby propose to furnish labor,equipment and materials to complete this work by means of:Unit Price per item. Tbcsc items will be added to the next Payment Requisition.Payment is to be made within 30 days following the receipt of a monthly invoice ending on the 251r of every month. All materials are guaamteed to b--as specified. All work to be completed in a workmanlike manner according to standard practices_ Any alteration or deviation from above specified work involving extra,costs will be executed only upon written ord and will become an addiuonal charge over and above the change ordcr. All agreements contingent upon strikes,accident or del s 1 eyond our control. This cb;uige order subject to acceptance within 30 days of die above written date and is void thereafter at the tin of the undersigned. Authorized Signature Acceptance of Proposal The above prices,specifications,scope of work and conditions are hereby accepted. You are authorized to perforin the work as specified. Payment will be made as outlined above. ACCEPTED: Signature DATE Signature 88 Proposal Page 1 of 1 8526 S.W.KANSAS AVE. STUART,FLA.34997 PROPOSAL SUBMITTED TO: DATE: 10/7/13 Proposal No.2 COMPANY: Sand Ridge Golf Club JOB NAME: 42"ADS CONTACT: Bela Nagy PHONE: 772-770-5003 ADDRESS: 5300 73r0 Street STATE&ZIP: Vero Beach FL, 32967 We hereby submit a Proposal for- Remove orRemove and replace additional 42"ADS into existing structure.and sod with 419 grass. Note'Will need to be dewatered Item IQuantity Units I Unit Price I Total Price MOB/DEMOB-Is dum ster and super-vision 1 LS S 1,407.60 $ 1,407.60 Rem/Replace 42"ADS 180 LF $ 83.27 S 14,988.60 DeNvatering l LS $ 3,382.01 $ 3,382.01 Fine Grade 600 SY $ 5.07 $ 3,042.00 Sod 419 600 SY $ 5.79 $ 3,474.00 Remove and replace sidewalk 60'X 7' , 47 Syl $ 68.00 $ 3,196.00 $ - $ - Total $ 29,490.21 We hereby propose to furnish labor,equipment and materials to complete this work by means of:Unit Price per item. These items will be added to the next Payment Requisition.Payment is to be made within 30 days following the receipt of a monthly-invoice ending on the 2511'of every month. .rUl materials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specified work involving extra costs will be executed only upon written orders,and Rill become an additional charge over and above the change order. All agreements contingent upon strikes,accident or delays beyo our control. This change order subject to acceptance within 30 days of the above written date and is void thereift7 at the option o e undersigned. Authorized Signature u. Acceptance of Proposal The above prices,specifications,scope of work and conditions are hereby accepted. You are authorized to perform the work as specified. Payment will be made as outlined above. ACCEPTED: Signature DATE Signature 89 Indian River County Purchasing Division 1800 27th Street PurchaseOrder Vero Beach, FL 32960 . Purchasing@ircgov.com Fiscal Year 2014 Page 1 of 1 * * (772)226-1416 0R�� THIS NUMBERICES, PACKAGES AND SHIPPING PAPERS. 1 B Finance Department Purchase I County Administration Building Order# 68362-01 L 1801 27th Street, Bldg A L Vero Beach, FL 32960 T Finance@ircgov.com See attached Terms and Conditions 0 Florida Sales Tax Exemption I.D. # 85-8012622034C-3 V FELIX ASSOCIATES OF FLORIDA S E 8526 SW STUART FL34997 AVE H SANDRIDGE CLUBHOUSE GOLF COURSE N P 5300 73RD ST D 0 VERO BEACH FL 32967 T R 0 Vendor Phone Number Vendor Fax Number Requisition Number Contact Person 294 772-770-5003 Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 09/26/2013 65904 GOLF COURSE MAINTENA Item# Description/Part No. Qty UOM Unit Price Extended Price The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 MOBILIZATION 1.0 LS $6,260.220 $6,260.22 2 REM/REP 42-INCH ADS DRAINAGE **ANY 170.0 LF $83.2.70 $14,155.90 DEWATERING REQUIRED WILL BE AT CONTRACTOR'S EXPENSE" 3 FINE GRADE/REPLACE SAND TRAPS 600.0 SY $7.850 $4,710.00 4 419 SOD 600.0 SY $5.790 $3,474.00 5 ADDITIONAL WORK TO REPLACE ADDITIONAL FAILED 1.0 $61,909.780 $61,909.78 SEGMENTS OF DRAINAGE PIPE AND RESTORE SURFACE, IAW PROPOSALS 2 AND 3 WORK PER 9/9/13 PROPOSAL By T urchas g Agent VENDOR COPY PO Total $90,509.90 90 Purchase 68362 Order # BY PROVIDING THE MATERIALS OR SERVICES DESCRIBED IN THIS PURCHASE ORDER, SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1 ACCEPTANCE OF PURCHASE ORDER. This Purchase Order is issued based upon the following terms and conditions. Unless the Seller objects in writing prior to delivering any of the materials or services, Seller shall be deemed to have accepted the terms and conditions. The Purchase Order Number shall appear on all containers, packages, shipping documents, etc, and in all correspondence relating to the materials or services furnished. 2 QUALITY/WARRANTY. The Seller warrants and represents that the materials or services provided pursuant to this Purchase Order shall (a) conform in all respects with (i) all plans, drawings, specifications and data set forth in the County's bid or solicitation documents, or submitted by the Seller and agreed to by the County, (ii) industry standards for such materials or services, (iii) applicable federal, state and local laws, rules and regulations, (iv) all express warranties given by the Seller, and the implied warranties of merchantability, usage of trade and fitness for a particular purpose, and (v) all other provisions of this Purchase Order, (b) be free from latent or patent defects in materials and workmanship, (c) be free from any liens, encumbrances or other defects of title. The County shall be entitled to all remedies in law and in equity in the event of non-conforming or defective materials or services. 3 LABELS/MATERIAL SAFETY DATA SHEETS, ETC. Seller represents and warrants that the materials or services furnished hereunder which are subject to applicable laws, rules or regulations relating to labeling requirements, or requirements with respect to Material Safety Data Sheets, Product Safety Data Sheets, or other such requirements (including, without limitation, requirements relating to design, construction, manufacture, methods of use, packaging/containers, etc), shall comply in all respects with such applicable laws, rules or regulations. 4 INSPECTION. Materials or services purchased are subject to inspection and approval at the County's destination. The County reserves the right to reject and refuse acceptance of materials or services which do not comply with the terms of this Purchase Order. Rejected materials or services shall be removed by, or at the expense of, the Seller promptly after rejection. Failure of the County to discover non-conformities or defects upon initial inspection shall not constitute an acceptance or waiver of remedies with respect to non-conformities or defects subsequently discovered. 5 TRANSPORTATION. Transportation expenses for all shipments shall be prepaid to destination. Risk of loss shall remain upon the Seller until arrival at the County's destination. Shipments sent C.O.D., freight collect, or other similar arrangements, without the County's written consent, will not be accepted, and will be returned to the Seller at the Seller's risk and expense. No charges will be allowed by the County for transportation, containers, shipping, handling, etc, unless otherwise authorized in this Purchase Order. 6 UNAVOIDABLE DELAY. If the Seller is delayed in the delivery of materials or services by a cause beyond its control, Seller shall, immediately upon obtaining knowledge of such delay, deliver written notice to the County and request an extension of time to deliver such materials or services. The County shall review the request and determine in its sole discretion if the Seller is entitled to an extension. 7 ROYALTIES AND PATENTS. The Seller shall pay all royalties, patent and license fees relating to the materials or services. Any claim relating to patent, copyright or trademark infringement, or similar claim, shall be subject to the Indemnification provision set forth below. 8 INSURANCE. The Seller shall maintain such insurance as is required by the County. Proof of such insurance shall be provided to the County prior to delivery of the materials or services. 9 INVOICES. Invoices shall be provided in duplicate to the County at the address set forth on the front of this Purchase Order. All invoices shall clearly indicate the Purchase Order number, and shall itemize all charges. 10 TAXES. The County is exempt from State of Florida sales taxes. The County's sales tax exemption number is set forth on the front of this Purchase Order, which shall serve as the County's sales tax exemption certificate. 11 PAYMENT. Payments will be made in accordance with the terms on the face of this order, Net 30, or the Seller's invoice, whichever is more favorable to the County. The payment date shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later. 12 MODIFICATION OF SPECIFICATIONS. The County may, by written order, make changes to the specifications for the materials or services, if such changes are not significantly different from the original specifications. If such charges cause an increase or decrease in the Seller's cost in performing this Purchase Order, the Seller (in the event of an increase) or the County (in the event of a decrease) shall notify the other party within fifteen (15) calendar days of any claim for adjustment in the price. The parties shall thereafter negotiate in good faith to adjust the price upward or downward to achieve an equitable adjustment based upon the change. Nothing in this provision, however, shall excuse the Seller from performing this Purchase Order. 13 TERMINATION FOR CONVENIENCE. The County may at any time terminate this Purchase Order, in whole or in part. by written notice delivered to the Seller. In such event, the County shall pay for all materials or services delivered prior to the date of such notice, and shall be liable for any cost or expense which the Seller has irrevocably committed itself to incur vvith respect to materials or services not yet delivered. 14 INDEMNIFICATION. The Seller shall defend, hold harmless and indemnify the County, and its commissioners, officers, employees and agents, from and against any and all claims, causes of action, damages, expenses (including, without limitation, reasonable attorney's fees), other liabilities of any type whatsoever, arising out of or relating to the Seller's (or any person or entity for which the Seller has legal liability) negligence, intentional tort, breach of the terms of this Purchase Order, or breach of applicable law. Notwithstanding the preceding language, the Seller shall not be required to defend, hold harmless or indemnify the County, etc, for its own negligence, intentional tort, breach of the terms of this Purchase Order, or breach of applicable law. This provision shall survive the termination of this Purchase Order. 15 DEFAULT. In the event of default in the terms of this Purchase Order by either party, the non-defaulting party shall be entitled to all remedies in law and in equity. Without limitation, in the event of a default by the Seller, the County shall have the right to terminate this Purchase Order, obtain replacement materials or services from a third party, and hold the Seller liable for any increase in price or expense. 16 LAW GOVERNING. This contract shall be governed by and continued according to the laws of State of Florida. 17 TIME OF THE ESSENCE. Time is of the essence with respect to the performance of this Purchase Order. 18 ENTIRE AGREEMENT. This contract contains the entire agreement of the parties. Except as provided herein, no change in the terms of the Purchase Order shall be effective unless in writing and signed by both parties. 91 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Work Director FROM: Louise Gates, Land Acquisition Spe ' SUBJECT: Right-of-Way Acquisition: 5250,53 5290 85'b Street,Sebastian,FL PID#31-39-28-00000-5000-00037.0 PP#426A,#426B,9826A and#826B(the Property) PID#31-39-28-00000-5000-00038.0 PP#427 and#827 PID#31-39-28-00000-5000-00039.0 PP#428 and#828 Seller: 510 Industrial Park, Inc. DATE: September 30,2013 DESCRIPTION AND CONDITIONS The project consists of widening CR510 (85`h Street)between 55`h Avenue and the Indian River Lagoon, from a two-lane to a four-lane, median-divided roadway with turn lanes. The County needs to acquire 6,072 square feet of right-of-way (see Exhibits A, 426A, 426B 427 and 428) and 3,846 square feet of drainage easements (see Exhibits B, 826A, 826B, 827 and 828) from 510 Industrial Park, Inc. The property is zoned IL - commercial. After meeting and negotiating with County staff,, 510 Industrial Park, Inc. agreed to sell the right-of-way and easements (as detailed above) to the County for the sum of $32,719.46. This value was based on the recent appraisal of a nearby property along the CR510 corridor. There is an attorney consultation/review fee of$1,000. There is a Realtor fee of 10%totaling$3,271.95 There are no appraisal fees. The County needs to acquire a total of 75 parcels to widen this section of CR510, with the parcel acquisition breakdown as follows: 1. Right-of-way (R/W)parcels= 29 2. Temporary construction easements(TCEs)= 28 3. Drainage easements(DEs)= 18 Total= 75 This acquisition represents eight parcels (4 right-of-way and 4 drainage easements). Combined with other parcels acquired previously, this would reduce the overall number of parcels needed from 75 to 59. Staff also has I pending acquisition, which would further reduce the total from 59 to 58. �r 1 92 Pro Iertc ,acquisition 5250_ ;;pp and 5290 85'1'Street, Sebastian, I'(, September 30, 2013 — Page 2 of 2 FUS Funding is available from Traffic Impact Fees/District I/CR 510-55`1 Ave to Indian River- Right of Way Acct# 10215141-066120-05023 and Easements—Acct# 10215141- 068004-05023. For FY 13/14$269,220 is budgeted in ROW RECOMMENDATIONS Board options include the following: O tion 1: Approve the transaction, purchasing the right-of-way (6,072 square feet) an drainage easement (3,846 square feet) for the purchase price of$32,719.46 plus $1,000 attorney fees plus Realtor fees of 10%($3,271.95)totaling$36,991.41. O tion 2: Reject the terms of the Agreement and continue to negotiate. Staff recommends O tion 1: The Board of County Commissioners approves theurchas of the property at a price of$32,719.46 plus fees of$4,271.95 totaling$36,991.41and e authorizes the Chairman to sign the Purchase and Sale Agreement. �. ATTACHMENT 1. One(1) "Original"of the Purchase Agreements. Two (2) Easements to be recorded by Attorney Barkett. Indian River Cou A rov Date Administration )0 / DISTRIBUTION Bud et 1016 )3 Le al l� Christopher R. Mora, P.E., t'ubtic works � O .. t Li Public Works Director Engineering Division Louise Gates, Land Acquisition Specialist C APPROVED AGENDA ITEM FOR: October 22,2013 BY 2 93 AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND 510 INDUSTRIAL PARK, INC. THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2013, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and 510 Industrial Park, Inc, who agree as follows: WHEREAS, 510 Industrial Park, Inc, owns property located at 5250 85th Street, Sebastian, FL 32958, 5300 85th Street, Sebastian, FL 32958 and 5290 85th Street, Sebastian, FL 32958. A sketch and legal description of the property is attached to this agreement as Exhibit "A" and Exhibit "B", incorporated by reference herein; and WHEREAS, the County is scheduled to expand CR510, also known as 85th Street, in the future and the road expansion will impact the property of 510 Industrial Park, Inc., and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to CR510; and WHEREAS, the County has contacted 510 Industrial Park, Inc. and has offered to purchase a total of approximately 6,072 square feet of property to be used as road right-of- way, as depicted on Exhibit"A", and a total of approximately 3,846 square feet of property to be used as a drainage easement, as depicted on Exhibit "B" (the Property), and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, 510 Industrial Park, Inc. and the County wish to avoid the risk,time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located on 85th Street, Sebastian, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", fee simple, containing approximately 6,072 square feet, Exhibit "B", drainage easement, containing approximately 3,846 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto(collectively, the "Property'). l 94 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $32,719.46 (Thirty Two Thousand Seven Hundred Nineteen and 461100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30)days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or(ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable,fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property,which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 2 95 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or(ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 3 96 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement,to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 4 97 If to Seller: 510 Industrial Park, Inc. Woofter, Darrell H. 3006 Nassau Drive Vero Beach, FL 32960 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 8.11 "Seller acknowledges receipt of the "Notice to Owner"4d')dc1rstaf/dshi' /her rights granted under Florida Law Chapters 73 and 74." Initials 5 98 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA 510 Industrial Park, Inc. BOARD OF COUNTY COMMISSIONERS AA /1 Joseph E. Flescher, Chairman arre oofter, V.D. Date Approved by BCC ATTEST: Jeffrey R.Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: CL u%� seph . Baird, County Administrator X d a o Fo a gal Sufficiency: ttorney 6 99 Addendum To Agreement To Purchase And Sell Real Estate This amendment to the Agreement To Purchase And Sell Real Estate,dated this 27th day of September 27, 2013,by and between 510 Industrial Park,Inc., a Florida Profit Corporation ("Sellers")and Indian River County, a political subdivision of the State of Florida("County"): • Said easement will be underneath land for drainage pipe only • The presence of the pipe will in no way increase the cost of developing the land in the future, in particular as it relates to a deceleration lane that may be built on top of it • The easement will be used for drainage from our property only • IRC gives first right of refusal to allow us to purchase or swap the land immediately to the east of our property should they not have a need for it. This property will be useful to the development of our property in the future,particularly as it relates to deceleration/turn lane into the property • The county also agrees to cooperate with 510 Industrial Park Inc. or current owner of this property at the time of such future development in regard to the requirements for the deceleration/turn lane that may encroach upon the easement that is being hereby given. IN WITNESS WHEREOF,the undersigned have executed this Amendment as of the date first set forth above. SELLER: COUNTY: 510 Industrial Park,Inc. Indian River County,Florida A Fl ria Limited Liability Company Board of County Commissioners By: By: Darrell H. Woofter, V.P. Joseph E. Flescher, Chairman Date Signed: September 27, 2013 Date Signed: Joseph A. Baird,County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller O'n r-,. i ,A. By: Deputy Clerk Uate Signed: Date Signed: Approved to form and egal S iciency: By: guntLy Attorney 100 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 A`li 1 3 T at RIGHT-OF-WAY PARCEL 426A N SURVEYOR'S NOTES: p I . THIS IS NOT A BOUNDARY SURVEY. " 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF u SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28; w SAID LINE BEARS N 89115'3B" E. Ln 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE I " 6o' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. El GEND 9 BASELINE P.O.C. POINT OF COMMENCEMENT PC. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS ? PROPERTY LINE P.T. POINT OF TANGENCY 4n, DELTA C.R. - COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH (L - CENTER LINE O.R.B. OFFICIAL RECORDS BOOK CURVE DATA Cl (R/W) 510 INDUSTRIAL PARK, INC. 15' D.E. ACQUIRED BY A - 00042'20" O.R.B. 856, PG. 2691 SEPARATE DOCUMENT- L 50.05' 31392800000500000037.0 R - 4065.00' PARCEL 826A RADIAL BEARING RADIAL BEARING S 03133'28- E S 02°51 '08" E W. LINE 510 INDUSTRIAL W. LINE 510 INDUSTRIAL PARK PARCEL PARK PARCEL O.R.B. 856 PG. 2691 O.R.B. 856 PG. 2671 N 00°38'55" W, 20.08' S 00°38'57" E. 22.24' P.O.B. %D .W• CORNER 510 .W. COR R CI INDUSTRIAL PARK PARCEL 510 AR L PARCEL O.R.B. 856, PG. 2671 EXISTING NORTH R/W LINE 426A_ EXISTING NORTH R/W LINE N 00044'22- W 40.00' � 89°15'38" W o _ t92 N 89°15'38" E , 50.001,784.22' SEC. 28-31 -39 3 SURVEY C.R. 510 OU TN LINE 510 33�i-3rS P.O.C. WABASSO RD. ) INDUSTRIAL PARK S.W. CORNER 8 SECTION LINE PARCEL SEC. 28-31 -39 FND. BOAT SPIKE CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHR(STOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 426A INDIAN RIVER COUNTY CARDNO TBE PREPARED by.3427 N.*. '357 STREET BY DATE DATA SOURCE. FT. LAUDERDALE. FL. 33309 MAIN Fl.T. 06•:�-:2 CARONO IBE NIA .NONE-•954-936-9309 LB•6668 CHECKED CARDNO TBE PN: 05038-002-00 SHEET I OF 2 ._ _. --- ---- 101 SKETCH OF DESCRIPTION PARCEL 31392800000500000037 . 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 426A COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 426A A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY. LYING IN SECTION 28,T0WNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 5 OF IOt THENCE NORTH 89'15'38- EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,784.22 FEET; THENCE NORTH 00044'22" WEST. A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE POINT OF BEGINNING. SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2691 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA; THENCE NORTH 00938'55" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 20.08 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 03033'28" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET. THROUGH A CENTRAL ANGLE OF 0042'20". AN ARC DISTANCE OF 50.05 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 856. PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA. HAVING A RADIAL BEARING OF SOUTH 02051 '08" EAST t THENCE SOUTH 00038'57" EAST, ALONG SAID WEST LINE, A DISTANCE OF 22.24 FEET TO A POINT ON THE SOUTH LINE OF SAID 510 INDUSTRIAL PARK PARCEL AND THE SAID NORTH RIGHT-OF-WAY LINE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK. INC., AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 26711 THENCE SOUTH 89015'38" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE AND SOUTH LINE OF 510 PARCEL, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1 ,061 SOUARE FEET (0.024 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY ��Car�dno TBE COUNTY ROAD NO. 510 • PARCEL 426A INDIAN RIVER COUNTY CAR040 TBE I BY DATE PREPARED BT, DATA 5--, 3AZT N. SSth STREET CARDNO TBE IWA FT. LAUDERDALE. FL. 33309 .. p.T. O6-,4-12 "- P�+&a 954-959-9399 LB•6668 CNECREA I u SOARS 06-14-i2 CARONO TBE PNT 05038-002-00 SHEET 2 OF 2 - -- 102 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 1? RIGHT-OF -WAY PARCEL 426B N z 0 SURVEYOR'S NOTES: — I . THIS IS NOT A BOUNDARY SURVEY. �- 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28: N SAID LINE BEARS N 89015'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. I " 60' 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL CMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS PROPERTY LINE P.T. POINT OF TANGENCY A DELTA �.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH fL CENTER LINE O.R.B. OFFICIAL RECORDS BOOK 510 INDUSTRIAL PARK, INC. CURVE DATA O.R.B. 856, PG. 2691 31392800000500000037.0 Cl (R/W) 15' D.E. ACQUIRED BY A • 00022'12" SEPARATE DOCUMENT- L 26.25' PARCEL 8268 R 4065.00' RAD AL BEARING S 00°18'53" E RADIAL BEARING E. LINE 510 INDUSTRIALS 00°03'19" W PARK PARCEL W. LINE O.R.S. 895 PG. 2359 ROY B CINDY BASS PARCEL N 00038'54" W. 24.89' O.R.B. 7003 PG. 2247 P.O.B. S 00°44'25" E. 24.61 ' S.E. CORNER 510C1 S.W. CORNER INDUSTRIA PARK PARC L ROY 8 CINDY BASS PARCEL 0. .B. 895. P . 59 O.R.B. 700, PG. 2247 ° " EXISTING NORTH R/W LINE 40.000' N o44'22W PARCEL 4269 29 26 o N 89015'38" E i 2682915'38" W SEC. 3B_31 -33195 2,014.22 � SURVEY C.R. 510 32 33 (WABASSO RD. ) P.O.C. SOUTH LINE 510 8 SECTION LINE S.W. CORNER INDUSTRIAL PARK PARCEL SEC. 28-31 -39 FNA. BOAT SPIKE CERTIFICATIONe I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, CHRISTOPHER P. MILLER, PSM ------------- FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE "" PARCEL SKETCH - NOT A SURVEY 7ME COUNTY ROAD NO. 510 - PARCEL 426B INDIAN RIVER COUNTY CARDNO TBE PREPARED By. DATABY DATE 342T H.W. SStR STREET CArrONO TBEFT. LAUDERDALE. FL. 33309 DRAW R.T. D6-14-12 PHOt1E••9S4`931-9309 CARONO TBE PNS 05036-002-00SHEET 1 OF 2 LB•6i�a CNE=' 4 SD1ER5 12 - 103 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK , INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 RIGHT-OF -WAY PARCEL 426B COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 426B A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF ID; THENCE NORTH 89°15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 2,014.22 FEET; THENCE NORTH 00"44'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 895, PAGE 2359 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00'38'54" WEST, ALONG THE EAST LINE OF SAID 510 INDUSTRIAL PARK PARCEL. A DISTANCE OF 24.89 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 00018'53" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 00022' 12", AN ARC DISTANCE OF 26.25 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY ROY AND CINDY BASS. AS RECORDED IN OFFICIAL RECORDS BOOK 700, PAGE 2247 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, HAVING A RADIAL BEARING OF SOUTH 00°03'19" WEST • THENCE SOUTH 00°44'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 24.61 FEET TO A POINT ON THE SOUTH LINE OF SAID 510 INDUSTRIAL PARK PARCEL AND THE SAID NORTH RIGHT-OF-WAY LINE. SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL OF LAND OWNED BY ROY AND CINDY BASS; THENCE SOUTH 89°15'38" WEST. ALONG SAID NORTH RIGHT-OF-WAY LINE AND SOUTH LINE OF 510 PARCEL, A DISTANCE OF 26.29 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 650 SOUARE FEET (0.015 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY J ME COUNTY ROAD NO. 510 - PARCEL 4268 INDIAN RIVER COUNTY CARDNO TBE DATE vR�vulEp 51, o�TA SOU;ME. 342T N.M'. SS+n STREET FT. LAUDERDALE. FL. 33309 CARONO THE NSA PHONE 954-93E-9309 MAM Ft.T. 06-14.12 LB•6660 caea:ED w smells 06-14.12 CARDNO TBE PNe 05038-002-00 SHEET 2 OF 2 - --- ---- - ----- 104 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK , INC. o� O. R. B. 856, PAGE 2691 COUNTY ROAD 510 EXFV-# DRAINAGE EASEMENT 826A N z SURVEYOR'S NOTESi 2 1 . THIS IS NOT A BOUNDARY SURVEY. '- 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF w SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28; Tn SAID LINE BEARS N 89015'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS. US SURVEY FOOT. I " 60' 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEN • BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND- FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R - RADIUS I.R. • PROPERTY LINE P.T. POINT OF TANGENCY A DELTA l,.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CL CENTER LINE O.R.B. OFFICIAL RECORDS BOOK W. LINE 510 INDUSTRIAL PARK PARCEL 510 INDUSTRIAL PARK, INC. 2691 O.R.B. 856, PG. 2691 RADIAL B ARING 31392800000500000037.0 S 03°32'49 W. LINE 510 INDUSTRIAL N 00°38'55" W PARK PARCE 15.02' O.R.B. B56, PQ. 2671 RADIAL BEARING S 03°33' 8-E I, RA AL BEARING P.O.B. D.E. S 02°50'39"E S. C R 826A S 00038'57" E D.E. CI 15.01 ' N 00038'55" W C2 RADIAL BEARING 20.08' S 02051 '08"E EXISTING NORTH R/W LINE EXISTING NORTH R/W LINE N 00°44'22" W — ^ - 40.00' 5,w. CORN R 29 28 N 89015'38" E I 10 ARM SEC. 28-31 -39 1 ,784.22" �� 33-31-39 B SURVEY C.R. 510 ACQUIRED BY 32 33 WABASSO RD. ) SEPARATE DOCUMENT- P.O.C. 9 SECTION LINE PARCEL 426A S.W. CORNER SEC. 28-31 -39 CURVE DATA FND. BOAT SPIKE CI C2 A 00142' 10" A 00042'20" L 50.05' L 50.05' R 4080.00' R 4065.00' CERTIFICATIONt I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. --------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE CRar+dno PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 826A INDIAN RIVER COUNTY CARDNO TBE 8T DATE f•RE1ARED OTS DATA SOURCE, 3427 N.W. SS*h STREET [ANOND TSE NSA FT. LnDERD3LE. FL. 33309 DRAW N.T. 06•I�-12 P„D'!iE••954-938.9309 L6.6668 CHECKED y SDERS 06-��•R2 CARONO TBE PNt 05038-002-00 SHEET I OF 2 - - -- - 105 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 DRAINAGE EASEMENT 826A COUNTY ROAD 510 DRAINAGE EASEMENT 826A A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 2B,TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST. OF INDIAN RIVER COUNTY. SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 5 OF IOt THENCE NORTH 89°15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28. A DISTANCE OF 1 .784.22 FEET; THENCE NORTH 00044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.. AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2691 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00°38'55" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 20.013 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00038'55" WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.02 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 03°32'49" EASTt THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4080.00 FEET. THROUGH A CENTRAL ANGLE OF 00042' 10", AN ARC DISTANCE OF 50.05 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC., AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA. HAVING A RADIAL BEARING OF SOUTH 02°50'39" EAST& THENCE SOUTH 00°38'57" EAST, ALONG SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIAL BEARING OF SOUTH 02°51 '08" EAST t THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET. THROUGH A CENTRAL ANGLE OF 00042'20", AN ARC DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 751 SQUARE FEET (0.017 ACRES) MORE OR LESS. Ct��rino PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 826A INDIAN RIVER COUNTY CARONO TBE By DATE PREPARED Bl. — DATA SDWCE. 342? N. 551h STREET CAROND TELE N/A FT. LAUDERDALE. FL. 33309 R.T. 06-14-12 -- PHONE••9S4•939.93e9 LO-6668 CHEaED IM SOKRb 06-14-121 LARONO TBE PN1 05038-002-00 SHEET 2 OF 2 - 106 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. m O. R. B. 856, PAGE 2691 COUNTY ROAD 510 EXrf " ts DRAINAGE EASEMENT 826B N z SURVEYOR'S NOTES: Q I . THIS IS NOT A BOUNDARY SURVEY. r 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF w SURVEY AND NORTH LINE OF THE S•W• 1 /4 OF SECTION 281 V1 SAID LINE BEARS N 89015'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS. US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE 1 " 60' PRELIMINARY RIGHT—OF—WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. EL GEND • BASELINE P.O.C. • POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. • POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. • POINT OF REVERSE CURVATURE R RADIUS • PROPERTY LINE P.T. POINT OF TANGENCY A DELTA C.R . COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CL CENTER LINE O.R.B. • OFFICIAL RECORDS BOOK 510 INDUSTRIAL PARK, INC. CURVE DATA O.R.B. 856. PG. 2691 CI C2 31392800000500000037.0 A • 00022'06" A • 00022' 12- L 0°22' 12"L 26.22' L 26.25' RADIAL BEARING R 4080.00' R 4065.00' S 00°18'57" E E. LINE 510 INDUSTRIAL D.E. 8268 PARK PARCEL I RADIAL BEARING O.R.B. 895 PG. 2359 S 00°03'09" W N 00°38'54" W, 15.00' W. LINE RADIAL BEARING ROY 8 CINDY BASS PARCEL S 00°18'53" E CI O.R.B. 700. PG. 224T P.0.8. S 00°44'25" E, 15.00' D.E. 826BC2 RADIAL BEAR,NG N 00638'54" W 5 OD°03'19" W 24.89' _ EXILT(NG_NORTH R/W LINE N 00144'22" W i ACQUIRED BY 0 40.00' 1 SEPARATE DOCUMENT- 2928 � N 89°15'38" E 1 PARCEL 4268 2.014. 1 SEC. 28-31 -39 Q SURVEY C.R. 510 OUTH LINE 510 SE�o' 3�� 32 33 IWABASSO RD. ) INDUSTRIAL PARK PARCEL P.O.C. 8 SECTION LINE S.W. CORNER S.E. CORNER 510 SEC. 28-31 -39 INDUSTRIAL PARK PARCEL FND. BOAT SPIKE O.R.B. 895, PG. 2359 CERTIFICATIONrI 1 HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE Ca�dnv PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 826B INDIAN RIVER COUNTY CARDND TBE Rr DATE PREPARED B7, v A SOURCE. 3427 N•W. SS*n STREET CARDND TEL N/A T; L►UDERDALE, FL. 33309 DRAIN R.T. 06-14-12 ----- I►�ONE-•9»•93 D-9369 LS-666a CHEC6ED M SOWERS106-14.1 CARDND TBE PN1 05038-002.00 SHEET 1 OF 2 SKETCH OF DESCRIPTION PARCEL 31392800000500000037 . 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 DRAINAGE EASEMENT 8268 COUNTY ROAD 510 DRAINAGE EASEMENT 8268 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89°15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 2,014.22 FEET: THENCE NORTH 0044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 895. PAGE 2359 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00038'54" WEST, ALONG THE EAST LINE OF SAID 510 INDUSTRIAL PARK PARCEL. A DISTANCE OF 24.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ONRAHNON-TANGENTWCURVEALONG CONCAVEIDEAST LINE.TO THE SOUTH,AHAVINGNAEOF RADIAL.00 FEET TO A POINT 00038*54- BEARING OFF SOUTH 00018'57" EAST; THENCE EASTERLY ALONG SAID CURVE. HAVING A RADIUS OF 4080.00 FEET. THROUGH A CENTRAL ANGLE OF 00022'06". AN ARC DISTANCE OF 26.22 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY ROY AND CINDY BASS, AS RECORDED IN OFFICIAL RECORDS BOOK 700, PAGE 2247 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA, HAVING A RADIAL BEARING OF SOUTH 00003'09" WEST • THENCE SOUTH 00044'25" EAST. ALONG SAID WEST LINE. A DISTANHHAVINGCA 15.00 FEET ON A NON-TANGENT WEST; THENCEECONCAVE TO WESSTERLY ALONG SAID TH, SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 00022' 12', AN ARC DISTANCE OF 26.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 394 SQUARE FEET (0.009 ACRES) MORE OR LESS. u' 1 Caivino PARCEL SKETCH - NOT A SURVEY 7BE COUNTY ROAD NO. 510 - PARCEL 8268 INDIAN RIVER COUNTY CARDNO TOE PAMED 61. DAT.SOURCE, S�2? N.W. 55th'STREET T8F. RIAFT. LAUDERDALE. FL. S61UZCARDRO PHONEWSW-93B.I.. RpNO TBE PNS OSOSB-002-00SHEET 2 OF 2 LS-666! 108 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK, INC. R, `a O. R. B. 856, PAGE 2671 EXV.. i'l M COUNTY ROAD 510 RIGHT—OF —WAY PARCEL 427 co z SURVEYOR'S NOTES: o I . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF w SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28= in SAID LINE BEARS N 89°15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE 1 " 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF IO SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND [� BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING END. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS ? PROPERTY LINE P.T. POINT OF TANGENCY A DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CL CENTER LINE O.R.B. OFFICIAL RECORDS BOOK CURVE DATA Cl (R/W) 510 INDUSTRIAL PARK. INC. A 0116'09" O.R.B. 856. PG. 2671 L 90.04' 31392600000500000038.0 R - 4065.00' 15' D.E. ACQUIRED BY SEPARATE DOCUMENT- RADIAL BEARING PARCEL 627 S 02°51 '08" E RADIAL BEARING W. LINE 510 INDUSTRIAL S 01°35'00" E PARK PARCEL O.R.B. 656 PG. 2671 E. LINE 510 INDUSTRIAL N 00"38'57" W, 22.24' PARK PARCEL O.R.B. 856, PG. 2671 P.O.B. CI S 00°38'57" E, 24.56' S.W. CORNER 510 S.E. CORNER 510 INDUSTRIAL PARK PARC L PARCEL 427 INDUSTRIAL PARK PARCEL N 00044'22' Wi EXISTING NORTH R/W LINE 40.00' 89°15'38" W o --_ 29 28 N 89015'38" E 90.00' 1834. ' SEC. 28_31=39_ Q SURVEY C.R. 510 OUTH LINE 510 SEC- 33- 39 32 3 (WABASSO RD. ) 8 INDUSTRIAL PARK SECTION LINE PARCEL P.O.C. S.W. CORNER SEC. 28-31 -39 END. BOAT SPIKE CERTIFICATION ' HERE B EREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ■ ---------------------------------------------- CHRISTOPHER P. MILLER. PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE 4;j r � PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD N0. 510 - PARCEL 427 INDIAN RIVER COUNTY CARDNO TBE PRE PARED Bl. DATA SOURCE. 3427 N.W. SSrh STREET Br W7E FT. LAUDERDALE. FL, 33309 CARDND TBE NiA FNifNE••954-936-9369 " R'T' �-"-�_ LB-6661 cNEa�n � � _1z CARDNO TBE PNE 05038-002-00 SHEET I OF 2 _ - ----- __----- --- -- — ----. _—_ -_ _ 109 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2671 COUNTY ROAD 510 RIGHT-OF -WAY PARCEL 427 COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 427 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM&NCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF IOt THENCE NORTH 89015'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,834.22 FEET; THENCE NORTH 00044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00038'57" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 22.24 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 02051 '08" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 01016'09", AN ARC DISTANCE OF 90.04 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , HAVING A RADIAL BEARING OF SOUTH 01°35'00" EAST ; THENCE SOUTH 00'38'57" EAST, ALONG SAID EAST LINE, A DISTANCE OF 24.56 FEET TO A POINT ON THE SOUTH LINE OF SAID 510 INDUSTRIAL PARK PARCEL AND THE SAID NORTH RIGHT-OF-WAY LINE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.; THENCE SOUTH 89°15'38" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE AND SOUTH LINE OF 510 INDUSTRIAL PARK PARCEL. A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2, 121 SQUARE FEET (0.049 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY V , 71BE COUNTY ROAD NO. 510 - PARCEL 427 INDIAN RIVER COUNTY CARDNO TEC PREPARED BY. DATA SOURCE. 34127 N. 85th STREET By PATE FT. LAuDERDALK, FL. 33309 CAROND TBE PATEN PH?kE••954-93a-9309 URAON R.T. 06-14-12 --- ., LS 66 p1EctEo M SOKFts 06.14-12 CARDNO TBE PNS 05038-002-00 SHEET 2 OF 2 - - -- 110 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2671 COUNTY ROAD 510 �? DRAINAGE EASEMENT 827 LXHI SURVEYOR'S NOTES: o I - THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF U SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 281 uj SAID LINE BEARS N 89°15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. I " 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND 1} BASELINE P.O.C. POINT OF COMMENCEMENT PC. PAGE R/W - RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R - RADIUS ? PROPERTY LINE P.T. - POINT OF TANGENCY 0 DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE D.R.B. OFFICIAL RECORDS BOOK 510 INDUSTRIAL PARK, INC. CURVE DATA O.R.B. 856, PG. 2671 CI C2 31392800000500000038.0 A . 01'15'52" A • 01016'09" RADIAL BEARING L 90.03' L 90.04' S 02°50'39" E R 4080.00' R 4065.00' N 00938'57" W 15.01RADIAL BEARING RADIAL BEARING S 01°34'47" E S 02"51 '08' E E. LINE 510 INDUSTRIAL P.O.B. D.E.D827 PARK PARCEL 1 O.R.B. 856 PG. 2671 W. LINE 510 S 00'38'57" E, 15.00' INDUSTRIAL PARK PARCEL D.E. 827 RADIAL BEARING O.R.B. 856 PG. 2671 2 S 01°35'00" E N 00'38'57- W. 22.24' __ _ _-EXNG NOF-TH R/W LINE_ N 00°44-22- W ACQUIRED BY 40.00' SEPARATE DOCUMENT- O Z9 28 N 89015'38" E PARCEL 427 1,834.22' SEC. 8-31 -39 32 3 t-NIASURVEY C.R. 510 UTH L 1 NE 510 SEC. 33-31 -39 BASSO RD. ) 8 SECTION LINE INDUSTRIAL PARK PARCEL .O.C. W. CORNER 510 S.W. CORNER INDUSTRIAL PARK ARCEL SEC. 28-31 -39 FND. BOAT SPIKE CERTIFICATION IHEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TOE PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 827 INDIAN RIVER COUNTY CARDNOTBE n<TE PREPARED Br, oAr�souHtE 3427 N.M. 591h STREET FT. LAuDEMILE. FL, .3330! CARDNO TBE NSA PHONE-•45�-930-9109 Lutn R.T. 06•i�-i2 LB•6666 MCKED U SOVEM 06_14-i2 CARDNO TBE PNt 05038-002-00 SHEET I OF 2 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK , INC. O. R. B. 856, PAGE 2671 COUNTY ROAD 510 DRAINAGE EASEMENT 827 COUNTY ROAD 510 DRAINAGE EASEMENT 827 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING 1N SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 5 OF 10i THENCE NORTH 89015'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,834.22 FEET; THENCE NORTH 00°44'22" WEST. A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST- CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED 1N OFFICIAL RECORDS BOOK 856, PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00038'57" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 22.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00038'57" WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH. HAVING A RADIAL BEARING OF SOUTH 02050'39" EAST% THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4080.00 FEET, THROUGH A CENTRAL ANGLE OF 01 °15'52", AN ARC DISTANCE OF 90.03 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.. HAVING A RADIAL BEARING OF SOUTH 01'34'47" EAST ; THENCE SOUTH 00'38'57" EAST, ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 01035'00" EAST; THENCE WESTERLY ALONG SAID CURVE. HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 01016'09". AN ARC DISTANCE OF 90.04 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1 ,351 SOUARE FEET 10.031 ACRES) MORE OR LESS. C$rwrja PARCEL SKETCH - NOT A SURVEY V J 71BE COUNTY ROAD NO. 510 - PARCEL 827 INDIAN RIVER COUNTY CARONO TOE PREP,Wfp By, 3AZ7 N.*. SS?h STREET By DATE DATA SOtAiCf� FT. LAUDERDALE. FL. 33309R T. 66-1�-12 CARDNO TBE N/A PMONE••9"-936-9389 -- L6.6668 LmEC.9l.. M sous 06.14.17 CARDNO TBE PNA 05038-002-00 SHEET 2 OF 2 ----- __ 112 SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK, INC. O. R. B. 895, PAGE 2539 ® COUNTY ROAD 510SITA RIGHT-OF -WAY PARCEL 428 N SURVEYOR'S NOTES: o I . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF L SURVEY AND NORTH LINE OF THE S.W• 1 /4 OF SECTION 28; SAID LINE BEARS N 89°15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 1 " 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE t0' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, j DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED I DURING REPRODUCTION PROCESS. I LEG END v BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS! Q PROPERTY LINE P.T. POINT OF TANGENCY o DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CL CENTER LINE O.R.B. OFFICIAL RECORDS BOOK I CURVE DATA 510 INDUSTRIAL PARK, INC. Cl (R/W) O.R.B. 895, PG. 2539 A 01'16'07" 31392800D00500000039.0 L 90.00' I R 4065.00' 15' D.E. ACQUIRED BY SEPARATE DOCUMENT- PARCEL 828 RADIAL BEARING INDUSTRIAL RADIAL BEARING W. LINE 510 INDUSTRIAL S O1 " E S 00018'53- E PARK PARCEL E. LINE 510 INDUSTRIAL I O.R.B. 895 PG. 2359 PARK PARCEL N 00038'57" W. 24.56' O.R.B. 695, PG. 2359 P.O.B. CI _ S 00°38'54" E. 24.89' I 5.N. RN R S10 PARCEL 4z8 S.E. CORNER 51D INDUS RI AL PARK PARCEL _ INDUSTRIAL PARK PARCEL N 00°44'22" W JEXISTING NORTH R/W INE 40.00' LINDUSTRI 38" W29 2a N 89°15'38" E 1 ,924.22' SEC. 28- I-39 32 3 B SURVEY C.R. 510 510 SEC. 33 31 -39 CWABASSO RD. ) PARK 8 SECTION LINE PARCEL D.C. S.W. CORNER SEC. 2B-31 -39 I FND. BOAT SPIKE I i CERTIFICATIONS I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND I ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT 1S IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. I FbR THE FIRM. 1 ---------------------------------------- CHRISTOPHER P. MILLER, PSM I FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE A carerla PARCEL SKETCH - NOT A SURVEY �J 71BE COUNTY ROAD NO. 510 - PARCEL 428 INDIAN RIVER COUNTY CARDNO Tp[ by DATE VMET•MSD BY, DATA SouRCE• 3427 N.W. SSrn STREET FT. LAUDERDALE. FL. 33302 CAROND TB[ NIA ►NON[••454.93E_9359 DRAM R.T. 06-i4-i2 L!•5666 0MC[Et CARDNO TBE PNg 05038-002-00 SHEET Ij OF 2 --- - - ----- -- - - ---� - 113 SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK, INC. O.R. B. 895 , PAGE 2539 COUNTY ROAD 510 RIGHT-OF -WAY PARCEL 428 1 COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 428 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS= i COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY;MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89°15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,924.22 FEET% THENCE NORTH 00°44'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 895, PAGE 2539 OF THE PUBLIC RECORDS. INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00°38'57- WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 24.56 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 0I°35'00" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 01016'07", AN ARC DISTANCE OF 90.00 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC., HAVING A RADIAL BEARING OF SOUTH 00°18'53" EAST t THENCE SOUTH 00038'54" EAST, ALONG SAID EAST LINE. A DISTANCE OF 24.89 FEET TO A POINT ON THE SOUTH LINE OF SAID 510 INDUSTRIAL PARK PARCEL AND THE SAID NORTH RIGHT-OF-WAY LINE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.; THENCE SOUTH 89015'38" WEST, ALONG-SAID NORTH RIGHT-OF-WAY LINE AND SOUTH LINE OF 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,240 SOUARE FEET (0.051 ACRES) MORE OR LESS. f I I i 1 I1 { PARCEL SKETCH - NOT A SURVEY V , 7BE COUNTY ROAD NO. 510 - PARCEL 428 _ INDIAN RIVER COUNTY CARDNOTBE PIIEPARED Big DATA SOURCE, 3427 N.M. SSrh STREET eT DATE FT. LAUDERDALE. FL. 37309 CARDND TBE Nn PMONi••9S,4•93&•93&906-14-12 ----- LB.666& a�Er�scn M sor�ns ob-i.• z CAR0N0 TBE PN& 05038-002-00 SHEET 2 O 2 - - - - - - -- 114 i SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK , INC. m O. R. B. 895, PAGE 2539 COUNTY ROAD 510 EXHI V - B DRAINAGE EASEMENT 828 SURVEYOR'S NOTESI z 0 1 . THIS IS NOT A BOUNDARY SURVEY. ,= 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF w SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28: w SAID LINE BEARS N 89015'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. I " 60' 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT—OF—WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF IO SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. a i LEGEND BASELINE P.O.C. - POINT OF COMMENCEMENT PG. PAGE R/W RIGHT—OF—WAY P.O.B. POINT OF BEGINNING FND. FOUND ir SEC. SECTION P.R.G. POINT OF REVERSE CURVATURE R RADIUS' Q PROPERTY LINE P.T. POINT OF TANGENCY A DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L - ARC LENGTH fL CENTER LINE O.R.B. OFFICIAL RECORDS BOOK i CURVE DATA 510 INDUSTRIAL PARK, INC. CI C2 O.R.B. 895, PG. 2539 p 01015'50- A 01116'07" 3 1 392 8 000005000000 3 9.0 L 90.00' L 90.00' RADIAL BEARING R 4080.00' R - 4065.00' S 01'34'47" E N 00°38'57" W 15.00' RADIAL BEARING RADIAL BEARING 00°18'57" E S 01'35'00" E E. LINE 510 INDUSTRIAL t P.O.B. PARK PARCEL D. 828 I O.R.B. 895 PG. 2359 W. LINE 510 D.E. B28 S 00°38'54 E, 15.00' { INDUSTRIAL PARK PARCEL ______72 --r';-,RADIAL BEARING O.R.B. 895 PG. 2359S 00°18'53" E N OD°38'57' W, 24.56' N 00°44'22" W EXISTING NORTH R/W .'LINE 40.00' ��,� ACQUIRED BY IT N 8915'38" E i SEPARATE DOCUMENT- 29 28 1924.22• PARCEL 428 SEC. 28-31 -39 SURVEY C.R. 510 OUTH LINE 510 SEC. 33-31-39 32 3L RD. ) { 8 SECTION LINE INDUSTRIAL PARK j PARCEL .O.C. S.W. CORNER 510 S.W. CORNER INDUSTRIAL PARK PARCEL I I SEC. 28-31 -39 FND. BOAT SPIKE CERTIFICATIONI I I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND I ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN I COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. I FOR THE FIRM, i CHRISTOPHER P, MILLER, PSM 1 FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE C2�o'1�I� PARCEL SKETCH - NOT A SURVEY TBE CDUNTY ROAD NO. 510 - PARCEL 828 INDIAN RIVER COUNTY CARDNO TBE By DATE MtEPARTA ST. DATA SD 1, 3427 N.W. 55*1+ STREET i FT. LAuD9RDALE. FL; 33309 CARONO TSE NIA ; PO4 E••9-34-938-9389 DRAM R.T. 06-11.12 f LB•6668 CHECKED M• RS 06-14.12 CARDNO TBE PN1 05038-002-00 SHEET. 11 OF 2 115 SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK, INC. O. R. B. 895, PAGE 2539 COUNTY ROAD 510 DRAINAGE EASEMENT 828 COUNTY ROAD 510 DRAINAGE EASEMENT 828 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IIN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39; EAST. OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUTY ROAFORNCOUNTTYDROAD 5110 (W BASSO510 AS SHOWN ONTROAD),HE SHHEETD5IOOF AN 10i IVER THENCEOUNTY NORTHR89°15'38- EI�STP ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,924.22 FEET: THENCE NORTH 00144'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC., AS RECORDED IN OFFICIAL RECORDS BOOK 895, PAGE 2539 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. THENCE NORTH 00038'57" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 24.56 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE' NORTH 00038'57" WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 01034'47" EASTI THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4080.00 FEET, THROUGH A CENTRAL ANGLE OF 01'15'50", AN ARC DISTANCE OF 90.00 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , HAVING A RADIAL BEARING OF SOUTH 00°18'57" EAST . THENCE SOUTH 00038'54" EAST, ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 00'18'53" EAST= THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 01916'07", AN ARC DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1 ,350 SOUARE FEET (0.031 ACRES) MORE OR LESS. ^� Capdno PARCEL SKETCH - NOT A SURVEY r1 J TBE COUNTY ROAD NO. 510 - PARCEL 828 INDIAN RIVER COUNTY CARDNO TBE BY DATE PRCPAREp BTS DATA SOURCE 342T N.M. 45th STREET CARONU TBE NIA FT. LAUDERDALE, FL, 33309 DRA14W R.T. O6.1�•i2 PHONE••954-930.9319 Lessee CHECKED M SO RS uc-14.12 CARDNO TBE PNe 05038-002 00 SHEET 2 OF 2 116 Public Drainage Easement CR510 Project#0549—550i Avenue to IR Lagoon ORIGINAL tJS 1 —87h Street to 84`h Street 06 PID#31-39-28-00000-5000-00037.0 Project Parcel#826A and#826B (Pages 1 of 2) PID#31-39-28-00000-5000-00038.0 Project Parcel#827 (Pages 1 of 2) PID#31-39-28-00000-5000-00039.0 Project Parcel#828 (Pages 1 of 2) Prepared by and return to: IRC-PW—)g, 1801 27`"Street,Vero Beach, FL 32960-3388 PUBLIC DRAINAGE EASEME This Grant of Easement, made and executed thisbay o 2013, b 510 Industrial Park, Inc., a Florida Profit Corporation, whose address 3006 Nassau Drive, Vero Beach, FL 32960, hereinafter called GRANTOR', to INDIAN RIVER COUNTY, FLORIDA, a Political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960-3388, hereinafter called GRANTEE', `Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors,and assigns. WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for Storm-Water Drainage beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as noted in the addendum attached to the Agreement dated 9/27/13, as is necessary to the GRANTEE's use of the right granted herein, situate in Indian River County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Signed in the presence of: 510 Industrial Park, Inc. Sign: ✓��ue Grantor Signature Printe n m Printed Name: Darrell H. Woofter, V.D. the s S n: Printed na Witness State of Florida} Indian River County) The foregoing instrument was acknowledged before me thiy 013, on behalf of 510 Industrial Park, Inc., a Florida Pr fit,Corpora ,V.D., who is personally known to me or produced as i ntif on. LOUISE A.GATES n: , Commission#DD 994513 ary Public • Sta .hr 41: ExfiresiSeptetnber 21,2014 Co ;,i�lR; 5r �A ¢udrs4F�r 4soa�es�oy Approved as to Form and Legal Sufficiency: 117 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK , INC. O. R. B. 856, PAGE 2691E IBI COUNTY ROAD 510 DRAINAGE EASEMENT 826A N SURVEYOR'S NOTES: o 1 . THIS 1S NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 28; N SAID LINE BEARS N 8915'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 1 " 60' 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08`• CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. S. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LLEGENNQ BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS • PROPERTY LINE P.T. POINT OF TANGENCY A DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE O.R.B. OFFICIAL RECORDS 800K W. LINE 510 INDUSTRIAL PARK PARCEL 510 INDUSTRIAL PARK, INC. O.R.B. 856, PG. 2691 O.R.B. 856, PG. 2691 RADIAL B AR NG 313928000005DO000037.0 S 03°32'4 N 00°38'55" W W. LINE 510 INDUSTRIAL 15.02' PARK PARCEL O.R.B. 856, PG. 2671 RADIA FARING RADIAL BEARING S 03 3 "E P.O.B. D.E. S 0 ° O'39"E CORNER 826A S 00°38'57" E D.E. A CI 1 101 , N 00°38'55" W C2 RADIAL BEARING 20.08' S 02051 '08"E EXISTING NORTH_ R/W LINE EXISTING NORTH R/W LINE N 00°44'22" W -- 40.00' W. COR R o 28 N 89015'38" E 510 RC L 29 1 ,784.22' SEC- 2B-31 -39 32 33 SURVEY C.R. 510 ACQUIRED BY 33-37-3 P.O.C. IWABASSO RD. ) SEPARATE DOCUMENT- S.W. CORNER 8 SECTION LINE PARCEL 426A SEC. 28-31 -39 CURVE DATA FND. BOAT SPIKE CI C2 A 00°42'10" A 00042'20- L 50.05' L 50.05' R 4080.00' R - 4065.00' CERTIFICATION: 1 HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY J 773E COUNTY ROAD NO. 510 - PARCEL 826A INDIAN RIVER COUNTY C&RDND TBE PRE"Wo BT' 3427 N.W. SStn STREET By DATE DATA SOURCE. PW LAUDE ROALE. rL. 33309 CARDNO TBE NTA rT. L •9S•-93t-9319 L.R R.T. 06-1 4 -1 2 Ld•6668 )i SOKItS �_�A_i2 CARDNO TBE PN: 05038-002-00 SHEET i OF 2 118 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. O. R. B. B56, PAGE 2691 COUNTY ROAD 510 DRAINAGE EASEMENT 826A COUNTY ROAD 510 DRAINAGE EASEMENT 826A A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28.TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89015'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1 ,784.22 FEET; THENCE NORTH 00044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.. AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2691 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00038'55" WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL. A DISTANCE OF 20.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00038'55" WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.02 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 03032'49" EAST& THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 40BO.00 FEET, THROUGH A CENTRAL ANGLE OF 00042' 10", AN ARC DISTANCE OF 50.05 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, HAVING A RADIAL BEARING OF SOUTH. 02050'39" EAST& THENCE SOUTH 00038'57" EAST, ALONG SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIAL BEARING OF SOUTH 02051 '08" EAST ; THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 00042'20", AN ARC DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 751 SQUARE FEET (0.017 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY �� Car�dnly TBE COUNTY ROAD NO. 510 PARCEL 826A INDIAN RIVER COUNTY CARDNO TBE vRe Pum er. GArA SWRCE. N.r1. SStn STREET er WE FT. LAUDERDALE, FL, -33309 CARDNO TBE N!A P�+ONE••4'.SA-430-939 BRAUN R.t. 05-iA•12 LO-66 68 CHECXED M CARDNO TBE PNt 05038-002-00 SHEET 2 OF 2 119 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 COUNTY ROAD 510 M DRAINAGE EASEMENT 8266 N SURVEYOR'S NOTES: Z I . THIS IS NOT A BOUNDARY SURVEY. a 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF v SURVEY AND NORTH LINE OF THE S.W. 1 /4 OF SECTION 28: w SAID LINE BEARS N 89°15'38" E. `^ 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE 1 " 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08% CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE R/W - RIGHT-OF-WAY P.O.B. - POINT OF BEGINNING FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS • PROPERTY LINE P.T. POINT OF TANGENCY A DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE O.R.B. OFFICIAL RECORDS BOOK 510 INDUSTRIAL PARK, INC. CURVE DATA O.R.B. 856, PG. 2691 CI C2 31392800000500000037.0 A 00022'06" A 00022' 12' L 26.22' L - 26.25' RADIAL BEARING R 4080.00' R 4065.00' S 00"18'57` E E. LINE 510 INDUSTRIAL /—D-E- 8268 PARK PARCEL RADIAL BEARING O.R.B. 895, PG. 2359 S 00°03'09" W N 00°38'54" W. 15.00' W. LINE RADIAL EARING ROY B CINDY BASS PARCEL S 00°18'53" E CI O.R.B. 700 PG. 2247 P.O. . S 00044'25" E. 15.00' D.E. 8266 C2 RADIAL BEARING N 00°38'54" W S 00003'19" W 24.89' _ EXISTING NORTH R/W LINE N 00°44'22" W i ACQUIRED BY 40.00' SEPARATE DOCUMENT- 29[42B - N 89°15'38" E PARCEL 426B 2,014.22 I SEC. 38_31399 Q SURVEY C.R. 510 OUTH LINE 510 P.O.C. 32 (WABASSO RD. ) INDUSTRIAL PARK PARCEL S.W. CORNER 8 SECTION LINE S.E. CORNER 510 SEC. 26-31 -39 INDUSTRIAL PARK PARCEL FND. BOAT SPIKE O.R.B. 895, PG. 2359 CERTIFICATIONS I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION 1S TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE Carvino PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 826B INDIAN RIVER COUNTY CARDNO TOE RREPARED By. DATA SDWICE• 342T N.W. 55Th STREET m DATE U FT. LAUDERDALE. FL, 33309 CARDNO TBE N/A PH?NE••954-938-9389 ORA11 R.T. 06-14-i2 L6.6668 CiEaED y soREes 06-i4•i2 CARDNO TBE PNs 05038-002-00 SHEET I OF 2 120 SKETCH OF DESCRIPTION PARCEL 31392800000500000037. 0 510 INDUSTRIAL PARK, INC. O. R. B. 856, PAGE 2691 (W COUNTY ROAD 510 DRAINAGE EASEMENT 8268 COUNTY ROAD 510 DRAINAGE EASEMENT 826B A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10s THENCE NORTH 89°15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 2.014.22 FEET: THENCE NORTH 0044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHEAST CORNER PARCELOF A OF LAND ENY10INDUSTRIAL 895. PAG2359OFTHEPUBLI CRECORDS1S , INDIANRIRECORDED OFFICIAL VER000UNTY, FLORIDA; THENCE NORTH 00038'54" WEST, ALONG THE EAST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 24.89 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 00°38'54" WEST, ALONG SAID EAST LINE. A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 00°18'57" EAST= THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4080.00 FEET, THROUGH A CENTRAL ANGLE OF 00°22'06-. AN ARC DISTANCE OF 26.22 FEET TO A NON-TANGENT POINT ON THE WEST LINE OF A PARCEL OF LAND OWNED BY ROY AND CINDY BASS. AS RECORDED IN OFFICIAL RECORDS BOOK 700, PAGE 2247 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, HAVING A RADIAL BEARING OF SOUTH 00003'09" WEST • THENCE SOUTH 00044'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 00003'19" WEST; THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4065.00 FEET, THROUGH A CENTRAL ANGLE OF 00°22' 12% AN ARC DISTANCE OF 26.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 394 SQUARE FEET (0.009 ACRES) MORE OR LESS. Cam PARCEL SKETCH - NOT A SURVEY V J TBE COUNTY ROAD NO. 510 - PARCEL 8268 INDIAN RIVER COUNTY CARDNO Tat PREPARED BT- 3427 N.N. 55th STREET B7 DAIE DATA SCURCE FT. L = AUDERDALE, FL. 33309 DRAIN R.T. �� �� CARDNO TBE Nia rx• .=Qs •e38.93es L6'6668 CHECKED u soy ms DL-u-iz CARDNO TBE PN, 05038-002-00 SHEET 2 OF 2 _ _ - 121 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK , INC. O. R. B. 856, PAGE 2671 COUNTY ROAD 510 DRAINAGE EASEMENT 827 N SURVEYOR'S NOTES: z I . THIS IS NOT A BOUNDARY SURVEY. 0 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W. I /4 OF SECTION 281 SAID LINE BEARS N 89°15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE ! " 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEU-ND RBSELNE P.O.C. POINT OF COMNCEMENT PG. PACE /W RIGHT`OF-WAY P.O.B. - POINT OF BEGGINNINGG FND. FOUND SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUS PROPERTY LINE P.T. POINT OF TANGENCYDELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE D.R.B. • OFFICIAL RECORDS BOOK 510 INDUSTRIAL PARK, INC. CURVE DATA O.R.B. 856, PG. 2671 CI 31392800000500000038.0 C2 A • 01915'52" 6 - 01°16'09" RADIAL BEARING L 90.03' L 90.04' S -02'50'39" E R • 4080.00' R 4065.00' N 00°38'57" 15.01 ' RA IAL BEARING RADIAL BEARING S OI°34.47" E 5 02°51 '08" E P.O.B. E. LINE 510 INDUSTRIAL D.E. 827 PARRKBPARCEL PG. 2671 I LINE 510 1 S 00°38'57" E, 15.00' INDUSTRIAL PARK PARCEL D.E. 82 T RADIAL BEARING O.R.B. 856 PG. 2671 2 S 01°35'00" E N 00°38'57" W. 22.24' L--- EXISTING NORTH R/W LINE _ N 00°44'22" W 40.00' � ACQUIRED BY - 28 N 89°15'38" E I SEPARATE DOCUMENT- Q z9 1834 , PARCEL 427 C. 28-31 -39 32 3 F SURVEY C.R. 510 OUTH LINE 510 SEC. -31 -39 \NIABASSO RD. ) INDUSTRIAL PARK 8 SECTION LINE PARCEL •O.C• .W. CORNER 510 S.W. CORNER INDUSTRIAL PARK PARCEL SEC. 28-31 -39 FND• BOAT SPIKE CERTIFICATIONT 1 HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE ^ � PARCEL SKETCH - NOT A SURVEY 7DF COUNTY ROAD NO. 510 - PARCEL 827 INDIAN RIVER COUNTY CARDNO TBE vREVARED Br, 321 N•w. 55th STREET BT DATE DATA 50 RCE FT. LAUDERD4[. FL. 33309 CARONO TBE N/A PHONE-•99 •438.9389 DRAIN R.Y. OG-u-12 LB 6668 CARDNO TBE PNT 05038-002-00 SHEET I OF 2 CNECRED u SOERS 06•ia-iz 122 SKETCH OF DESCRIPTION PARCEL 31392800000500000038. 0 510 INDUSTRIAL PARK , INC. O. R. B. 856, PAGE 2671 COUNTY ROAD 510 DRAINAGE EASEMENT 827 COUNTY ROAD 510 DRAINAGE EASEMENT 827 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89015'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1,834.22 FEET; THENCE NORTH 00°44'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC. , AS RECORDED IN OFFICIAL RECORDS BOOK 856, PAGE 2671 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00°38'57- WEST, ALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 22.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°38'57' WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 02050'39" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 4080.00 FEET. THROUGH A CENTRAL ANGLE OF 01015'52", AN ARC DISTANCE OF 90.03 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.. HAVING A RADIAL BEARING OF SOUTH 01 '34'47" EAST ; THENCE SOUTH 00038'57' EAST. ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 4065.00 FEET00THROUGH AHENCE CENTRALS ANGLE OFESTERLY OOIG°56'09' . AN�ARCVING A DISTANCEDOFSOF 90.04 IL FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1 ,351 SOUARE FEET (0.031 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY 7BE c.RD*+o TBE COUNTY ROAD N0. 510 - PARCEL 82T INDIAN RIVER COUNTY 3427 W.W. 55th STREET by DATE mcrAmo By, oaT4 souAo[ t FT. LUDEROALE, FL, 33309 CARONO TSE N�A P14O E•-954-$38-9302 R.T. 06-14-t2 L6-6660 G�ECxEO w S011ERS 06-t�•,2 CARDNO TBE PNt 05038-002-00 SHEET 2 OF 2 _ _ 123 SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK , INC. O. R. B. 895, PAGE 2539 c" COUNTY ROAD 510 M DRAINAGE EASEMENT 828 co SURVEYOR'S NOTES+ z - THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF u SURVEY AND NORTH LINE OF THE S.W. ( /4 OF SECTION 28; w SAID LINE BEARS N 89°15'38" E. "1 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE I " 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMS 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 1 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED 1 DURING REPRODUCTION PROCESS. i 1 t 1 LEGEND @ BASELINE P.O.C. POINT OF COMMENCEMENT PG. PAGE i R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING FND. FOUND 1 SEC. SECTION P.R.C. POINT OF REVERSE CURVATURE R RADIUSf E PROPERTY LINE P.T. POINT OF TANGENCY A - DELTA C.R. COUNTY ROAD D.E. DRAINAGE EASEMENT L ARC LENGTH CENTER LINE O.R.B. OFFICIAL RECORDS BOOK CURVE DATA 510 INDUSTRIAL PARK, INC. Cl C2 O.R.B. 895, PG. 2539 A . 01015'50- A • 01016,67- 31392800000500000039.0 L 90.00' L 90.00' RADIAL BEARING R - 4080.00' R 4065.00' S 01°34'47" E N 00°38'57" W 15.00' RADIAL BEARING RADIAL BEARING 00°18'57" E S 01°3P;o B E E. LINE 510 INDUSTRIAL D. 828 PARK PARCEL 1 O.R.B. 895 PG. 359 wNDUSTRIAL. LINE OPARK PARCEL D.E. 828 00°38'54" E, 15.00' O.R.B. 895 PG. 2359 c2 RADIAL BEARING N 00°38'57" W. 24.56 S 00°18'53" E N 00°44'22" W EXISTING NORTH R/W 'LINE 0 40.00' ACQUIRED BY 29 28 v N 89°15'38" E i SEPARATE DOCUMENT- 1 924.22' PARCEL 428 SEC. 28-31 -39 32 3 SURVEY C.R. 510 OUTH LINE 510 SEC. 33-31 -39 (WABASSO RD. ) INDUSTRIAL PARK 8 SECTION LINE PARCEL •O.C. S.W. CORNER 510 I S.W. CORNER INDUSTRIAL PARK PARCEL 1 SEC. 28-31 -39 FND. BOAT SPIKE CERTIFICATION. I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN I COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE I OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL i SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. i l CHRISTOPHER P. MILLER, PSM ------------ FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY 7BE COUNTY ROAD NO. 510 - PARCEL 828 INDIAN RIVER COUNTY CARDNOTBE PED Br+ 34Z? N.N• SS 1h STREET et DATE REPARDATA SOURCE+ FT. LAUDERDALE. FL, 33309 CARDND TBE MSA PmONE-•95,-938-9389 DRAW LB•6568 MCKED M SMR5 JOB-14.12 CARDNO TBE PN1 05038-002-00 SHEET. G OF 2 i 124 SKETCH OF DESCRIPTION PARCEL 31392800000500000039. 0 510 INDUSTRIAL PARK, INC. O. R. B. 895, PAGE 2539 COUNTY ROAD 510 DRAINAGE EASEMENT 828 COUNTY ROAD 510 DRAINAGE EASEMENT 828 IN A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY SAID EPARCEL 2BEING NMORE PARTICULARLY SHIP 31 SOUTH. NDESCRIBED GE 39 7ASOFOLLOWS: INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIPER COUNTY RIGHT-OF-WAYiMAp FOR COUNTY ROAD 510 (WABASSOAID ROAD), SHEET 5 OF 10; THENCE NORTH 89015'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 26, A DISTANCE OF 1E NOR 2 FEET; ?HENCE NORTH 00°44'22" WEST A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK. INC., AS RECORDED IN OFFICIAL RECORDS BOOK 895, PACE 2539 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA,- THENCE LORIDA;THENCE NORTH 00038'57" STALONG THE WEST LINE OF SAID 510 INDUSTRIAL PARK PARCEL, A DISTANCE OF 24.56,FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00038'57" WEST, ALONG SAID WEST LINE, ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH.AHAVINGNAERAOF 15.00 FEET TO DIAL BEARING OFF A POINT SOUTH 01034'47" EAST; THENCE EASTERLY ALONG SA[D CURVE, HAVING A RADIUS F 4080.00 FEET, THROUGH A CENTRAL ANGLE OF 01°15'50", AN ARC DISTANCE OF 90.00 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID PARCEL OF LAND OWNED BY 510 INDUSTRIAL PARK, INC.. HAVING A RADIAL BEARING OF SOUTH 00°18'57" EAST THENCE SOUTH 00°38'54" EAST, ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET TOA POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING T SOUTH 00°18'53" EAST- THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUOF S OF 4065.00 FEET THROUGH A CENTRAL ANGLE OF OI 16'07", FEET TO THE POINT OF BEGINNING. ALONG' AN ARC DISTANCE OF 90.00 SAID PARCEL CONTAINING 1 ,350 SOUARE FEET (0.031 ACRES) MORE OR LESS. C7�0pann PARCEL SKETCH - NOT A SURVEY CARDND TBE COUNTY ROAD N0. 510 - PARCEL 828 3427 N.W. 65?,, srREErINDIAN RIVER COUNTY Fr. L.�UDERDA,LEFL, 33309 9T DATE PREPARED BT. 8~666'954-936..9399 DRAW R.i 2 CARDNO TBE DATA SD°RDE� 06.1�• -___.._ NIA CHEMED m s0wB9 o6-u-12 CARDNO TBE PN, 05038- -- 002-00 SHEET z OF y 125 . �vER c G 0 INDIAN RIVER COUNTY 4 PUBLIC WORKS DEPARTMENT �Vold � STORMWATER DIVISION 180127" STREET FLORID VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director'`" FROM: W. Keith McCully, P.E., Stormwater Engineer and also THROUGH: Vincent Burke, P.E., Utilities Director SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO DEP AGREEMENT NO. G0353 FOR THE PC SOUTH NUTRIENT RECOVERY FACILITY DATE: October 14, 2013 DESCRIPTION AND CONDITIONS On December 18, 2012, Indian River County accepted an $850,000 EPA/FDEP 319(h) grant - DEP Agreement No. G0353. Staff has worked with FDEP to amend the grant to include additional state funding. Attached Amendment No. 1 adds $1,376,900 to the 319(h) grant, resulting in a total grant amount of $2,226,900. The amendment also includes a revised Work Plan and other miscellaneous revisions to the original agreement. FDEP's Secretary will sign the contract upon receipt of executed copies from the County and will return one fully executed copy to the County. ANALYSIS Alternative No. 1 —Approve DEP Amendment No. 1 to DEP Agreement No. G0353. Alternative No. 2 — Reject DEP Amendment No. 1 to DEP Agreement No. G0353. FUNDING For FY 13/14 the current budget for this project is $10,238,689. Therefore, for FY 13/14, $7,938,883 will be funded from Utilities/WIP/South County Brine Disposal, Account # 471-169000-12502 which will include the grant funds of $2,226,900, plus $2,299,806 from Optional Sales Tax/Public Works/Pollution Control South S/W, Account # 31524338-066510-06050. F:\Pubhc Works\KeithM\Stormwater Projects\PC South ConstrudioMAgenda Items\Agenda-Consent-319 Grant Amendment No 1.doc 126 Page 2 PC South BCC Meeting — October 22, 2013—CONSENT October 14, 2013 RECOMMENDATIONS Staff recommends the following: 1. The Board of County Commissioners approve DEP Amendment No. 1 to DEP Agreement No. G0353 and authorize the Chairman to execute it on behalf of the County ATTACHMENTS 1. DEP Amendment No. 1 to DEP Agreement No. G0353 (one copy) APPROVED AGENDA ITEM FOR: October 22, 2013 Indian River Count A r Date Administrator /0/7 /3 BY: i Bud et b i Legal Utilities /o is 13 Public Works ) to '`f' i3 Scorn water Engineering F'\Pnhlir\Ainrkc\KPithM\53tnrmwatar Pr iPri \Pr�Cnnth r.nnctrl,rtlnn\Ananria Ftamc\AnanHn-rtnncant-'A IQ rrant Amanrimant Nn 127 Rick Scott �Iwo Florida Department of Governor Environmental Protection Herschel T. Vinyard Jr. Bob Martinez Center Secretary 2600 Blair Stone Road Tallahassee,Florida 32399-2400 October 8,2013 Keith McCully, P.E. Indian River County 1801271h Street Vero Beach, FL 32960 Dear Keith: Enclosed please find two originals of the Florida Department of Environmental Protection Agreement for the PC South Algal Nutrient Removal Facilihj Contract No. G0353, Amendment No. 1. Please do not make any changes to the original documents. Please have both signed originals gi b y the appropriate representative(s) with authority to execute this contract. Upon signing, please return both original executed contracts to me at the following address: Amanda Peck Florida Department of Environmental Protection Nonpoint Source Management Section 2600 Blair Stone Rd., MS 3570 Tallahassee, Florida 32399 Upon receipt of the originals, the Department will counter sign and mail you an original version for your records. If you have any questions, please call me at(850) 245-8425 or email me at Amanda.peck®dep.state.fl.us. I look forward to working with you on this project. Sincerely, Amanda Peck I Enclosures 128 DEP AGREEMENT NO. G0353 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 8h day of January, 2013 between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY (hereinafter referred to as the"Grantee")is hereby amended. WHEREAS,the Grantee was awarded funding under the State Total Maximum Daily Load(TMDL)Grant Program to offset project costs;and, WHEREAS, the Grantee has requested, and the Department has agreed, to amend the Agreement to revise the Grant Work Plan;and, WHEREAS,other changes to the Agreement are necessary. NOW,THEREFORE,the parties hereto agree as follows: 1. Paragraph 3A and 31 are hereby deleted and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$2,226,900.00 (an increase of$1,376,900.00) towards the total estimated cost for the PC South Algal Nutrient Removal Facility Project of$9,551,568.40. The parties hereto understand and agree that the funding under this Agreement is comprised of EPA Section 319 (319) funding in the amount of $850,000.00 and State TMDL funding in the amount of $1,376,900.00. i. The parties hereto understand and agree that the 319 funding under this Agreement requires a 63%match($1,440,853.40). ii. TMDL funding under this Agreement requires a 75% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $4,049,947.00 through cash or third party in-kind,towards the work funded under this Agreement. iii. All match shall meet the federal requirements established in 40 CFR Part 30,40 CFR Part 31 and OMB Circulars A-87(2 CFR 225),A-122(2 CFR 230)and A-21 (2 CFR 220),as applicable. iv. It is understood that any additional funds necessary for the completion of this project is the responsibility of the Grantee. The Grantee will report those expenditures to the Department in the Final Report as required under Task 6 in Attachment A-1. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0353,Amendment No. 1,Page 1 of 4 129 J The table below identifies the funding supporting this Agreement and EPA Grants and TMDL funds: Federal Funding Source CFDA Program Title Fundin Amount C9-99451512-0 66.460 Nonpoint Source $850,000.00 Implementation Grants State Funding CSFA Funding Source Funding Amount Line Item Appropriation Water Quality Assurance 37.039 Statewide Surface Water $376,900.00 Trust Fund, Line Item Restoration and Wastewater 1662,SFY 2012-2013 Projects Water Quality Assurance 37.039 Statewide Surface Water $1,000,000.00 Trust Fund,Line Item Restoration and Wastewater 1620,SFY 2013-2014 Projects Total Funding: $2,226,900.00 2. Paragraph 30 is hereby deleted and replaced with the following: 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,without invalidating the remainder of such provision ® or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida. 3. The following language is hereby added as paragraph 32: 32. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement,request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten(10)calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate ® performance deficiencies by Grantee, the Department shall retain the right to require DEP Agreement No.G0353,Amendment No. 1,Page 2 of 130 oadditional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. 4. Attachment A, Grant Work Plan is hereby deleted in its entirety and replaced with Attachment A-1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1,Revised Grant Work Plan. 5. Attachment F, Special Audit Requirements, Page 5 of 5 is hereby deleted in its entirety and replaced with Attachment F, Special Audit Requirements, Page 5 (Revised) of 5, attached hereto and made a part of the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • DEP Agreement No.G0353,Amendment No. 1,Page 3 of 131 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. INDIAN RIVER COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Joseph E. Flescher,Chairman Secretary or Designee Date: Date: Approved by BCC ATTEST: Amanda Peck,DEP Grant Manager Jeffrey R.Smith,Clerk of Court and Comptroller By: P ` '&'/" APPROVED: Connie Becker,DEP Grant Manager a'A-tZ,- DEP Contracts Administrator �ounty,Xdmrinistrator Approved as to Form and Legal Sufficiency Approved as to form and legality: PP g ty: William K. eBraal,Deputy County Attorney DEP Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description(include number of pages) _ Attachment A-] Revised Grant Work Plan(14 Pages) Attachment F Special Audit Requirements,Page 5(Revised)of 5 (1 Page) • DEP Agreement No. G0353,Amendment No. 1,Page 4 of 4 132 ATTACHMENT A-] REVISED GRANT WORK PLAN PROJECT NAME: PC South Algal Nutrient Removal Facility PROJECT FUNDING: $850,000 from 31912;$1,376,900 from TMDL grant=$2,226,900 REQUIRED MATCH: $1,440,853.40 for 31912;$4,049,947 for TMDL grant=$5,490,800.40 OTHER ADDITIONAL EXPENDITURES/NOT REQUIRED MATCH: $1,833,868 TOTAL PROJECT COST: $9,551,568.40 LEAD ORGANIZATION: Indian River County COOPERATING PARTNERS: State of Florida—DEP Agreement No. LP31010($250,000 for pilot study&pilot construction,not identified in project costs in this Agreement), SJRWMD Cost-share agreement No. 27199($55,795 for initial design,not identified in project costs in this Agreement) PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Geographic Location: Vero Beach; Indian River County Impacted Watershed Name: Indian River Farms Water Control District South Relief Canal Drainage Basin Size of Project Impact: The Algal Nutrient Removal Facility (ANRF) will be approximately 4.5 acres with associated peripheral facilities requiring approximately another six (6) acres. The developed site will be approximately ten(10)acres. The total site property is approximately 12.81 acres. Size of Drainage Area: 17,163 acres Latitude: 27.592522 Longitude: 80.398530 Hydrologic Unit Code: 03080203 Impaired waterbody affected: Indian River Lagoon(IRL Central B Project Zone), WBID: 5003B,TMDL adopted for Nutrients(TN and TP) Impairment: The health of the Indian River Lagoon's seagrass,is the benchmark for measuring the progress of the TMDL process. Healthy seagrass and increasing seagrass coverage is indicative of a health Lagoon. The project will dramatically reduce the amount of dissolved nutrients (nitrogen and phosphorus) entering the Indian River Lagoon (IRL)through the Indian River Farms Water Control District's(1RFWCD) South Relief Canal. Therefore, the project will dramatically reduce the potential for harmful algal blooms, including macroalgae such as Gracilaria sp., in the IRL that can be detrimental to seagrass and marine life. The project will also significantly reduce the amount of suspended solids and sediment that enter the IRL and it may also reduce to a lesser degree the color of the water. It will also increase the water's overall dissolved oxygen levels. Management of these parameters will benefit the IRL's seagrasses by reducing muck deposits, reducing settlement of sediment on seagrass leaves, improving oxygen availability,and increasing the penetration of light through the water column. BMAP Status: Indian River Lagoon BMAP under development Land Ownership Status: Land necessary for the construction of treatment infrastructure has been acquired in 2012, approximately 12.81 acres for$750,000. Title is held by Indian River County, Land Uses within the watershed: (from GIS information—wetlands and forested areas extrapolated) Land Use Acres Residential 8,06701001 Industrial/Commercial 721 A ricultural 3 948Forested 446Wetlands463Ri ht of Wa 2,746Institutional 772Land Use Totals Acrea a and% 17,163 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY DEP Agreement No.G0353,Attachment A-1,Page I of 14 133 PROJECT OVERVIEW: This facility will be the second full-scale facility of its kind in Indian River County and the nation. Through engineered design and flow control, high levels of biomass productivity can be maintained. Predictable nitrogen and phosphorus removal results from the routine recovery of excess productivity. Several Best Management Practice(BMP)s are used for this project: primary screening using self-cleaning trash rakes; grit/sediment removal; biological nutrient removal using the algal nutrient removal facility;additional suspended solids removal using micro-screening or other highly efficient screens; final effluent polishing using high quality wetland systems; and disinfection of effluent used for irrigation reuse. Additionally, the harvested algal biomass is a useful byproduct. Recovered biomass is processed into marketable end products including high grade compost or livestock feed. An AGNRF system will remove dissolved nutrients from up to 10 million gallons per day of stormwater and canal water and from up to 1.5 million gallons per day of reverse osmosis reject water from the South County Reverse Osmosis (RO)Treatment Plant. The RO reject water(currently discharged into the South Relief Canal untreated)will be blended with the canal water and the ANRF will remove dissolved nitrogen and phosphorus from the blended water. Hydrogen sulfide present in the RO reject water will be dissipated into the atmosphere as the mixture flows over the ANRF surface.The treated water will be returned to the South Relief Canal where it will continue its journey to the IRL. The ANRF uses a patented water treatment technology developed specifically to enhance water quality of polluted waters through the active cultivation of attached algae upon an engineered surface. By cultivation is meant the production and periodic harvesting of the attached algae (epiphytic and periphytic) and the community of organisms that become established on and around the algae. This living community of plants and organisms is known as algal turf and includes not only the algal biomass, but also associated invertebrates, bacteria, fungi, organic residues, and inorganic precipitants. Through the community's biological and chemical dynamics, nutrient pollutants are removed from the water column, dissolved oxygen is increased, and oxidation of reduced substances is facilitated. The result is a treated effluent reduced in nutrients, high in dissolved oxygen, and relieved of many potentially biologically deleterious and toxic substances. One or more final polishing filters, similar to wastewater treatment type filters, will be included in the treatment train downstream of the ANRF to remove all remaining solid particles from the treated water and a linear wetland system will provide final polishing. The Algal Nutrient Removal Facility offers the advantage of high areal removal rates for both nitrogen and phosphorus, which result in reduced land area requirements and treatment costs.' Effluent from the ANRF process is highly oxygenated, often exceeding saturation during the daytime, and typically well above 5 mg/1 dissolved oxygen (DO) during the nighttime. ANRF units have relatively short hydraulic detention, and thereby avoid accumulation of heavy sediment loads. As algae rely heavily upon dissolved bicarbonate, carbon dioxide and carbonate as a carbon source,pH levels within the ANRF effluent can increase during the daytime as alkalinity shifts towards hydroxyl alkalinity. This change in water chemistry allows engineered ANRF systems to be optimized for the precipitation and recovery of pollutants including phosphorus. ANRF units have also been shown to be effective at removing ammonia and nitrate + nitrite nitrogen; and recovering trace metals and select organic compounds. The ANRF technology was specifically developed to offer low cost treatment even under low nitrogen and phosphorus conditions. PC South will greatly improve the IRL's health by significantly removing suspended solids and dissolved nitrogen and phosphorus from the waters of the IRFWCD South Relief Canal before the waters enter the IRL,while increasing oxygen levels. This will benefit and protect seagrasses and associated fauna, providing them with an environment suitable for their growth and reproduction. As seagrasses are preserved and proliferate, fish and wildlife populations will increase. The potential for dangerous IRL algal blooms, including macroalgae such as Gracilaria sp.,caused by high nutrient loadings will also be greatly reduced. A secondary(future)benefit will be the creation of a significant source of treated water for irrigation purposes for commercial, industrial, and residential users, thus lowering their consumption of water from the surficial and Floridian aquifiers, thereby promoting water conservation and preserving groundwater. This will also benefit the IRL by reducing the quantity of freshwater discharged into it on a daily basis. Another benefit is the creation of very high quality 1 For example,STA systems may achieve phosphorus removal rates of 1-4 g-P/m2-yr or less than 0.10 Ib-P/acre-day; WHSTm units at high nutrient concentrations may achieve as high as 25 g-P/m2-yr removal or about 0.62 lb-P/acre-day; ANRF systems at comparatively low nutrient concentrations have been documented as achieving well over 50 g-P/m2-yr or 1.24 lb- P/acre-day. The implication is that an ANRF unit may provide treatment in 1 acre equivalent to 50 acres of STA or treatment wetlands. DEP Agreement No.G0353,Attachment A-1,Page 2 of 14 134 wetlands and associated wildlife habitat. This project will also produce a usable byproduct in the form of high quality compost, fiber products, livestock feed,or methane gas. This project has several educational components. It will provide a place for school children to observe firsthand an efficient pollution reduction system that utilizes natural process to achieve pollutant removals. The project will also demonstrate that such a facility can produce a useful and valuable byproduct-the harvested algal biomass. The facility will also highlight the fact that high quality, valuable wetlands can be constructed and easily maintained if they are provided with a clean water source. The County's stormwater educator will showcase the facility as a correct way to use natural processes and systems to remove pollution from the Indian River Lagoon. Figure 1 -Simplified Flow Schematic South Relief � at y South County Reverse Osmosis Water Treatment Plant Reject Water (up to IJ million gallons per day, n t ultimate) tng trash :Inch Opening �-�--- -- — _ --Pump Station--- South Canal F'�unp n _— (10 million gallons p6 -- - ------ --- - --t. , 7 � V �Ili � `IIS•.- 1 �+ I • LWILtent Tank/Pretreatment Tank for Harvested Sand and Sediment Removal Solids Algal Nutrien EZemo, - -- - --- Composting,M"othar,e Generation,etc.of • 1-Ni-vested Algae L_ (W DEP Agreement No.G0353,Attachment A4,Page 3 of 14 135 4 ESTIMATED POLLUTANT LOAD REDUCTION MODEL USED: For estimating watershed loading, exclusive of the RO Concentrate addition, the Spreadsheet Tool for Estimating Pollutant Loads (STEPL) was initially applied, with the land use breakdown as previously noted. In developing these loads, grass swales and dry detention were noted as the existing BMP elements. Event Mean Concentrations used were those applied to Florida conditionsz shown in Table I of the Pollutant Load Calculations Attachment, which are similar to the default values within the STEPL model. Load projections for the entire watershed are noted in Table 2 of the Pollutant Load Calculations Attachment. There is available long term USGS flow data for the PC-South Relief Canal which represents the composite influence of the runoff and base flow associated with the majority of the watershed. Data from 1956 to 1982"reveals an annual average flow of 37.7 cfs or 24.4 MGD, with a standard deviation of 13.7 cfs (8.9 MGD); a minimum annual average of 15.2 cfs (9.8 MGD) and a maximum annual average of 61.6 cfs (39.8 MGD). Using the average flow rates and the STEPL post BMP loading values,the average annual concentrations within the canal can be estimated,as noted in Table 3 of the Pollutant Load Calculations Attachment. Included in this table is the actual concentrations as monitored in the South Canal, using data from USGS from 1972-1977, from Indian River Farms Water Control District from 2000,and from the ongoing PC-South ATSrM Pilot System. F M�#I (AT ed TSS TP TN MS) I lbs/yr ib yr lbs/ r Pre-Project 33,851 7,400 36,834 R7 Post- Project 16,925 4,998 27,229 w Load 2 Reduction 16,926 2,402 9,607 A . 50% 32.5% 26.1 TSS TP TN lbs/ r lbs/ r lbs/ r 16,925 4,998 27,229 8,463 4,953 27,004 Reduction 8,463 45 225 o; Reduction 50% 0.9% 0.8% TOTAL TSS TP TN lbs/yr lbs/yr lbs/ r y Pre-Project 33,851 7,400 36,834 ------------------- ost- Project 8,462 4,953 27,004 � Load Reduction 25,389 2,447 9,830 a° % Reduction 75.0% 33.1% 26.7% ESTIMATED RESIDENCE TIME OF ANY PONDS,SWALES,ETC.: This Section is not applicable. The pollutant reduction occurs on the algal turf scrubber flow-way. 3 CDM,"Little Wekiva Basin Watershed Management Plan"2005 Orange County,Florida. USGS Station 02253500 Lat 27°36' 11";Long 80°23'24" 41n 1982 RO Concentrate discharge to the canal was initiated and flows reflect this addition after 1982. DEP Agreement No.G0353,Attachment A-1,Page 4 of 14 136 TASKS and DELIVERABLES: TASK NUMBER 1 TASK NAME: Land Acquisition TASK DESCRIPTION: This process involved the land purchase for construction of the ATS facility. Closing for the sale and contract was executed on August 24, 2012 for a total cost of$754,528.00. This cost was expended as other required expenditures,not required match. ALLOWABLE COSTS: $754,528 for acquiring 12.81 acres of land; not required match so additional documentation not needed other than description of how funds were expended in the final project report. DELIVERABLES: 12.81 acres acquired,closing on August 24,2012 TASK NUMBER 2 TASK NAME: Design and Permitting, Bidding TASK DESCRIPTION: This task involves the surveying, sub-surface exploration, preparation of design drawings and specifications and application of construction permits. Design services were provided by several engineering consultants who comprised an engineering team to facilitate an accelerated schedule. The Grantee shall design the system as described in Tasks 3, 3A, 313, and 3C (BMP Construction) and obtain all necessary permits. Permits should be obtained from the U.S. Army Corps of Engineers, Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District, Indian River Farms Water Control District, and Indian River County Specifically, these permits will include: FDEP Industrial Wastewater (ww) and environmental resource permit (erp), five (5) separate Indian River Farms Water Control District (IRFWCD) permits, a St. Johns River Water Management District (SJRWMD) consumptive use permit and Indian River County(IRC) site plan permit. The Grantee shall prepare and solicit bids utilizing a bid package in accordance with state and federal laws and this Agreement. The work will be bid under two (2) separate projects: 1)The PC Sourth Algal Nutrient Facility, including a large pump station located on the IRFWCD South Relief Canal, and 2)A large diameter force main from the South Relief Canal Pump Station to the PC South Algal Nutrient Removal Facility Site. ALLOWABLE COSTS: All costs in this task are additional expenditures to be made by the Grantee, not required match. The design for site plan,electrical structural,pump station and pipe routing projects have resulted in a total cost of$778,315 in consulting fees. The permit application fees estimate a total cost of$7,025.00 in contractual review fees; the estimated contractual cost of bidding services is$20,000.00 this task includes the permit application DELIVERABLES: Submission of copy of final design;copy of all required permits. Submission of a copy of bid package and selection of contractor documents. PERFORMANCE STANDARD: Approval of final design is contingent upon approved permits. The Department Grant Manager will review the bid package and copy of subcontract to ensure compliance with state and federal laws specific to this Agreement. TASK NUMBER 3 TASK NAME: BMP Construction TASK DESCRIPTION: The Grantee shall develop approximately ten (10)acres within a 12.81 acre parcel for the purpose of creating an Algal Nutrient Removal Facility as depicted in Figures 1 and 2, attached and incorporated herein. The entire PC South Algal Nutrient Removal Facility and connecting systems will be composed of the following components, which will be broken out into subtasks to utilize both 319 and TMDL funding: 1. Influent flow delivery system, which will be a low head,high flow pumping system (e.g. submersible pumps),to be constructed under Task 3A 2. Intermittent release control device or flow surger, designed to pulse flows in a manner emulative of oscillatory waves. This device is an automatic siphon mechanism placed on a surger box. The intermittent surging of water helps disrupt the algal cell wall boundary which enhances the rate of diffusion of nutrients, particularly at low concentrations,to be constructed under Task 313. 3. An influent distribution system designed to distribute water equitably along the width of the ANRF floway, with flow introduced from the flow surger,to be constructed under Task 313 4. A sloped ANRF floway that includes an impervious concrete surface as an attachment matrix for the algae. Floway length is determined by treatment requirements and influent characteristics,to be constructed under Task 3B 5. An effluent and harvest flume that runs the full width of the ANRF floway. Typically this flume is triangular in cross section,with a variable cross sectional area,increasing as flows accumulate.The slope is designed to ensure at least 1.5 fps velocity throughout the flume, which ensures conveyance of the harvested material. The flume serves both as a means to move effluent,and,during harvest, to transport harvested algae to an automated self cleaning bar DEP Agreement No.G0353,Attachment A-1,Page 5 of 14 137 screen(FlexRake),to be constructed under Task 313 6. An automatic FlexRake, typically as manufactured by Duperon Corporation of Saginaw Michigan. The FlexRake facilitates capture and removal of harvested algae filaments, as well as continuous removal of sloughed algae and incidental solids5,to be constructed under Task 313 7. StormwaterBrine Pipeline, a large diameter force main from the South Relief Canal Pump Station to the PC South Algal Nutrient Removal Facility Site, to be constructed under Task 3C. This pipeline will carry canal water to the ARNF. Another pipeline will carry brine from the South County RO Water Treatment Plant to the AKNF where it will mix with the canal water before flowing onto the ARNF. TASK NUMBER 3A TASK NAME: BMP Construction—South Relief Canal Pump Station TASK DESCRIPTION:319 grant funding will be utilized in part for construction of the South Relief Canal Pump Station. ALLOWABLE COSTS: The estimated contractual construction costs for the pump station and related components is $1,126,000, of which$563,000 maximum will be expended from 319 grant funds and $563,000 minimum is required match expenditure for the 319 grant funds. DELIVERABLES: 1) Dated color photographs of the site prior to and during construction and immediately following completion of the project;2)complete installation of the entire pump station;3)As-built certification for the pump station;4) electronic files of the as-built drawings completed by a professional land surveyor; and 5) signed statement from Grantee's project certified engineer indicating construction has been completed in accordance with approved design. PERFORMANCE STANDARD: The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee's project certified engineer to verify that construction has been completed for all components in accordance with the approved plans. TASK NUMBER 3B TASK NAME: BMP Construction—PC South Algal Nutrient Removal Facility TASK DESCRIPTION: TMDL grant funding will be utilized in part for construction of the PC South Algal Nutrient r Removal Facility and its associated appurtenances and hardware. ALLOWABLE COSTS: The estimated contractual construction costs for the Algal Nutrient Removal Facility and related components is $5,426,847, of which $1,376,900 maximum will be expended from TMDL grant funds and $4,049,947 minimum is required match expenditure for the TMDL grant funds. DELIVERABLES: 1) Dated color photographs of the site prior to and during construction and immediately following completion of the project; 2) complete installation of the entire Algal Nutrient Removal Facility system per the project description; 3) As-built certification for the stormwater management system; 4) electronic files of the as-built drawings completed by a professional land surveyor; and 5) signed statement from Grantee's project certified engineer indicating construction has been completed in accordance with approved design. PERFORMANCE STANDARD: The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee's project certified engineer to verify that construction has been completed for all components in accordance with the approved plans. TASK NUMBER 3C TASK NAME: BMP Construction—StormwaterBrine Pipeline TASK DESCRIPTION: TMDL grant funding will be utilized in part for construction of the StormwaterBrine Pipeline and their associated appurtenances and hardware. ALLOWABLE COSTS: The estimated contractual construction costs for these components is $1,164,853.40, of which $287,000 maximum will be expended from 319 grant funds and$877,853.40 minimum is required match expenditure for the 319 grant funds. DELIVERABLES: 1) Dated color photographs of the site prior to and during construction and immediately following completion of the project; 2) complete installation of the entire Algal Nutrient Removal Facility system per the project description; 3) As-built certification for the stormwater management system; 4) electronic files of the as-built drawings completed by a professional land surveyor; and 5) signed statement from Grantee's project certified engineer indicating construction has been completed in accordance with approved design. 5 In some cases in which high levels of suspended solids reduction is required,additional processes such as wedge wire screens,hydroscreens,or sand filters may be included to further polish the effluent after coarse screening through the Flex Rake. DEP Agreement No.G0353,Attachment A-1,Page 6 of 14 138 PERFORMANCE STANDARD: The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee's project certified engineer to verify that construction has been completed for all components in accordance with the approved plans. TASK NUMBER:4 TASK NAME: Public Education TASK DESCRIPTION: This task includes public presentations and construction of a nature trail with informational signs explaining the environmental benefits of the ATS system and methods for reducing nutrient loading into the receiving waters of the state. There is a video currently available for viewing at the dedicated stormwater educational website (www.irestonnwater.com) that describes nutrient removal projects the county has implemented to date, as well as an introduction to the PC South project. Walking trails and signage will be constructed, civic forums will be ongoing. An updated water quality improvement informational video will be produced to include the ATS Facility,to be broadcast on the IRC county public television station and couty's stormwater educational website. ALLOWABLE COSTS: Estimated cost of$54,000.00 for walking trail,signs and informational/educational video. All costs in this task are additional expenditures to be made by the Grantee,not required match. DELIVERABLES: Text and final draft video in electronic format for the website will be submitted to the DEP Grant Manager for prior approval before airing and distribution. Submission of CD's with the final Public Services Announcements released to the public with information on when they were aired. Link to the Indian River County website with information on updates made for the project. Dated photographs of the installed walking trails and signage,dates/sign-in sheets for when the civic forums are held. PERFORMANCE STANDARD: The DEP Grant Manager will review the draft and final deliverables to verify compliance with the Agreement's terms and conditions, the TMDL grant requirements and the Department's policies on public education,and will review evidence of the number of contacts made with the public through each component of the outreach task. TASK NUMBER: 5 TASK NAME:Monitoring TASK DESCRIPTION: The Grantee must complete and submit to the Department a Quality Assurance Project Plan (QAPP)for monitoring prior to commencement of any monitoring. The monitoring plan will specify the sampling locations, sampling instruments, and parameters to be sampled. The parameters shall include, but are not limited to: TN (lbs/yr), TP (lbs/yr), TSS (lbs/yr), Cd, Cr, Cu, Zn, NO2/NO3, TKN,NH3, Orthophosphate, Fecal coliform, rainfall and flow. Because the flow through the system is continuous, discrete sampling during rainfall events is meaningless. The flow will be monitored on a timed composite sampling basis during the one-year monitoring period. Monitoring is to be performed at inflow and outflow locations of each BMPs installed and in accordance with the approved QAPP. Sampling locations shall be recorded and verified using a GPS device. Project-specific details must be added during QAPP development. Harvested material shall be weighed wet with each harvest, either directly or by determining wet density and volume. Three (3) composite samples shall be analyzed for percent moisture, and these composited on a monthly basis for analysis for phosphorus,nitrogen,carbon,and ash. ALLOWABLE COSTS: The estimated contractual costs for the collection and lab analysis of monitoring events results is $200,000. All costs in this task are additional expenditures to be made by the Grantee,not required match. DELIVERABLES: Department approved QAPP and submission of monitoring results. Discussion of analysis of monitoring results and the pollutant load reductions from each applicable BMP either as a stand-alone Final Efficiency Evaluation Monitoring Report or as part of the Final Project Report. PERFORMANCE STANDARD: The Department Grant Manager will review the QAPP for compliance with this Agreement and DEP Standard Operating Procedures for monitoring; submission of approved QAPP; and submission of monitoring results. Review of Final Efficiency Evaluation Monitoring Report(or equivalent description in the Final Project Report)to verify that monitoring was completed in accordance with the approved QAPP and the results were analyzed and discussed regarding removal efficiency. TASK NUMBER:6 TASK NAME:Draft and Final Report TASK DESCRIPTION: The Grantee must complete and submit to the Department a Final Report, The Final Report is intended to capture the outcome and results of the selected project, including all tasks included in this project. It shall include, at least,the following: a summary of monitoring results and an explanation of any unexpected monitoring results or unexpected occurrences. This shall include, where applicable, why a BMP did not obtain or exceeded the expected removal efficiency; any problems encountered and how those problems were overcome;an explanation of any project delays; a brief DEP Agreement No.G0353,Attachment A-1,Page 7 of 14 139 �w summary of any additional phases yet to be completed; and any additional information which explains the results of the project. The Final Report template, available from the Department's Grant Manager, should be followed as much as possible. The Grantee shall submit the final report as a draft prior to submitting the final report for project closeout. The Grantee will also provide quarterly updates on the project progression for informational purposes. ALLOWABLE COSTS: Contractual costs estimated at $20,000 for preparation of the draft and final project report including discussion of monitoring results. All costs in this task are additional expenditures to be made by the Grantee, not required match. DELIVERABLES: Draft final report; approved final report that meets all of the requirements identified in the task description. The Grantee shal! provide one paper copy and one electronic copy of the approved final report to the Department. PERFORMANCE STANDARD: The Department Grant Manager will review the draft final report and provide comments to the Grantee and review the Final Report for compliance with this Agreement. TIMELINE: Task Task Description Start Complete Number 1 Land Acquisition Month 0 Month 6 2 Design and Permitting,Bidding Month 0 Month 9 3 BMP Construction Month 9 Month 24 3A BMP Construction—South Relief Month 9 Month 24 Canal Pump Station 3B BMP Construction—PC South Algal Month 9 Month 24 Nutrient Removal Facility 3C BMP Construction— Month 9 Month 24 Stormwater/Brine Pipeline 4 Public Education Month 14 Month 42 5 Monitoring Month 24 Month 42 6 Draft and Final Report Month 42 Month 48 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY (W DEP Agreement No.G0353,Attachment A-1,Page 8 of 14 140 PROJECT BUDGETBYCATEGORY and TASK: _ Additional Task 319 Grant TMDL Grant i 319 Match TMDL Match Estimated No. Category Expenditures Funding Funding Funding Funding (not required j _ -- - matZ i l Land $0 $0SO $0 S754,528 Task Total $0`' ` -- $0 - - $0 $0 - $754,528 j 2 Contractual SO $0 SO $0 -� S805,340 Task Total $0 so --So— _— $0 $805,340 3 Contractual $0 $0 SO $0 $0 —� Tas4,Total. $0 $0 - o- $0 $0 ---- ----- - ------- - 3A Contractual $563,000 $0 ---S-5-6-3,-0-0-0-- --$563--,-000--- SO SO Task Total $563,000 $0 $563,000 $0 $o Contractual $0 $1,376,900 $0 $4.049,947 SO 3B Task Total $0 $1;376,900. $0 $4,049,947 $0 Contractual 5287.000 $0 w3C -- $877,853.40 SO $0 Task Total $287.000 $0' $877,853.40 $0 -<. Contractual S0 SO $0 S0 $54.000 4 T's 2ota1 $0 1 - -_.$0 $0 $0 $34,000 w"w -- - ontractual S0 $0 _ $0 SO $_200,000 - - - - Task Total @!1 Q� q� $Q !V© - $d. $�. $20 r $o �o �o S�0 000 Task Total _$0 - - _ -- --- $0 , o so $20,006 Totals: $850,000 1 $1,376,900 $1,440,853.40 54,049,947 $1,833,868 Totals from $2,22b 900 55,490,800.40 -- - $1,833,868 (v Grants/Match; Percentage by ` ---- GranUMatch 37"10 25% 630/Q i 75% -� Total Project Cost: , _$9,551,568.40 _ Percentage Match: 23.31°l0 _ 57.49°l0 319 Grant Funds=$850,000/319 Match=$1,440,853.40(63%) TMDL Grant Fund=$1,376,900/State Match=$4,049,947(75%) I PROJECT BUDCFT CATEGORY TOTALS: 319 Grant TMDL Grant 319 Match I TMDL Match Additional Category Totals Estimd, Funding Funding Funding Funding ate _--- __ -�-- -- Ex enditures Salaries Total $0 $0 $0 $0 Fringe Benefits Total $0 _ $0 $0 $0 Travel Total $0 $0 $0 $0 Contractual Total $850,000 $1,376,900 $1,440,853.40 $4,049,947 $1,079,340 Equipment Purchases $o $0 $0 $0 Total Supplies/Other $0 $0 $0 $p Expenses Tota] Land Total $0 $0 $0 $0 $754,528 Indirect Total $0 $0 $0 $0 Totals $850,000 $1,376,90(1 $1,440,853:40 $4,049,947 $1,833,868 Total Project Cost: - $9,551,568.40 Percentage of Total 23% -- Project Cost: 57% 19% DEP Agreement No.G0353.Attachment A-1, Page 9 of 14 141 POLLUTANT LOAD CALCULATIONS ATTACHMENT EMCS USED IN MODEL: Table 1: Event Mean Concentrations PC-South Relief Canal Watershed Total P Total N TSSM1.5 Land Use EMC m L EMC m EMC m L A ricultural 0.14 2.02 70 Commercial 0.29 1.34 88 Residential 1.05 2.61 39 Industrial 0.31 2.06 94 Forest/Open 0.05 1.44 11 Institutional 0.31 2.07 39 Wetlands 0.05 1.14 5 Table 2: STEPL Load Proiections for PC-South Relief Canal Wafersfies iVTLoad(no" "P Load'(no BOD Load Sediment BMP) BMP) (no BMP) Load (no <::..� BMP IN ear Ib ear 11b/year t/ ear PC-South 145,960 19,4641 666,3931 1,994 Total 145,960 1A ARAI 666 393 1,994 To a oa =aa5d uses'{wet Sources N Load -1 P Loan 1§01)"L-bad 7 Sedimenf (Ibfyr) (Ib/yr) (Ib/yr) Load (tlyr) Urban 34,489 6,109 120,671 278 Cropland 24,800 1,971 231,858 217 Pastureland 29,067 2,243 93,306 45 Forest 1,220 43 929 1 Feedlots 0 0 0 0 User Defined 3,333 1,332 9,418 7 Septic 322 126 1,316 0 Gully 0 0 0 0 Streambank 0 0 0 0 Groundwater 0 0 0 0 Total 1 3,232 11,825 457,497 547 Table 3:Comparison of Averap-e Concentrations PC South Relief Canal Source TP mg/L TN mg/L TSS mg/L' BOD mg/L Average Average Average Average Calculated from STEPL and US YS Flow Data 0.159 1.25 15 6 Field Data USGS,IRFWCD,IRC 0.240 1.05 11 <2 DEP Agreement No.G0353,Attachment A-1.Page 10 of 14 142 These values are reasonably similar. The field data will be used in the following analysis regarding design loads and projected reductions.To complete this review,the flows and water quality associated with the RO Concentrate,which is to be blended at an average ratio of 10:1 with flows from the South Relief Canal, needs to be included. The RO Concentrate is a highly mineralized, low suspended solids flow with a near neutral pH, and water temperatures consistently at about 26° C. The flow rate is presently about 1 MGD. Based upon data collected during the ongoing pilot investigation,the design water quality for the RO Concentrate is as noted in Table 4. Table 4: Desist►Concentrations Ro Concentrate,South Relief Canal and 10:1 Blend Units RO Concentrate Canal Value 10:1 Design Value Average Blend Annual Average Value Average Total P m L 0.033 0.240 0.221 Total N m L 1.57 1.05 1.10 Ammonia-N m /L 0.94 0.09 0.17 TSS m L <2 11 10 Alkalinity g/L a 723 178 228 Conductive micros/cm 6,135 1,941 2,322 Color pcu 11 39 36 * Value is typically directly related to concentration in feed water **Typically directly related to water temperature Accordingly, based upon flows of 10 MGD from the canal and I MGD as RO Concentrate, the annual design loads to the Algal Turf Scrubber®(ATSTM)treatment unit shall be as noted in Table 5. To determine the reduction associated with these loads through the Algal Turf Scrubber®, a first order model —ATSDEM—which is based upon the Monod relationship. ATSDEM was developed by HydroMentia, Inc. of Ocala, Florida6, and will be applied to the water quality and flow conditions. The model is based upon projections of specific growth rates and community productivity for the Algal Turf Community, which has been shown to be a function of total phosphorus levels; hydraulic loading rate;temperature; tissue nutrient levels and average standing crop.Critical input parameters are noted in Table 6. Table 5: Design Pollutant Loads from 11 MGD Design Flow Blend Units 10:1 Design Design Pollutant Loads Blend Annual Value Total P lb/year 7,400 Total N lb/year 36,834 TSS lb/year 334,851 Table 6:Critical Input Parameters ATSDEM 6 This model was developed as part of the Contact C-13933 between HydroMentia, Inc and the South Florida Water Management District. "S-154 Pilot Single Stage Algal Turf Scrubber® Final Report" Submitted to the South Florida Water Management District.March 2005. DEP Agreement No.G0353,Attachment A-1,Page 11 of 14 143 Parameter Units Value Range Maximum Specific Growth Rate I/hr 0.02-0.04 Because Optimal Growing Temperature °C 28-31 there is wide Tissue Phosphorus Level* %of dry weight 0.35-1.0 variability in ATSTM Tissue Nitrogen Level* %of dry weight 2.00-3.50 Average Standing Crop** D - m- 50-120 Want Hoff-Arrhenius Coefficient Q dimensionless 1.05-1.10 Half rate concentrationTP K L 60-100 Half Rate Value Linear hydraulic Loading Gpm/ft 9-15 Rate Kh Initial StandingCropDry- m 10-20 performance based upon water temperature, it is reasonable to model the system on a monthly basis. Water Quality input data for an average month,taken from the historical data base is noted in Table 7. The algal turf information is interpolated from data collected from both the ongoing PC-South ATSTM pilot and the operational Egret Marsh Stormwater Park ATSTM facility'g,presently under operation. Table 7: ATSDEM Water Quality and Algal Turf Input Data Average Average Average TP mg/L Average TN mg/LWater T°C Standing2 Cropm Month 10:1 Blend 10:1 Blend 10:1 Blend January 0.136 0.75 19.7 50 February0.112 0.72 20.4 55 March 0.333 0.84 22.9 70 Aril 0.171 1.06 24.4 90 May 0.326 1.37 27.4 100 June 0.267 1.63 28.1 110 July 0.148 1.14 28.9 110 August 0.325 1.54 28.8 100 September 0.267 1.02 27.8 90 October 0.227 1.10 25.8 70 November 0.167 1.12 23.7 60 December 0.172 0.72 19.5 50 Alkalinity 228 mg/L as CaCO3 pH=7.81 Tissue P=0.60% Tissue N=2.40% Initial Standing Crop 10 m2 The ATSDEM projections are presented in Table 8.These are reasonable conservative projections,when compared to actual pilot performance from January through April 2011, as shown in Table 9. These projections are conservative,but congruent with the data collected to date associated with the ATSTM PC-South pilot study, as shown in Table 10, with the actual performance notably higher than the ATSDEM projections. '"Egret Match 10 MGD Algal Turf Scrubber® Final Basis of Design Report"July,2005. Prepared for Indian River County by HydroMentia, Inc. 8 Contract G0143 319(h)grant to Indian River County. "Egret Marsh Stormwater Park Algal Turf Scrubber®319(h)Grant Quarterly Performance Report Quarter I" Prepared for Indian River County for submittal to FDEP by HydroMentia, Inc. January 2011 DEP Agreement No.G0353,Attachment A-1,Page 12 of 14 144 CSuspended solids removal through the ATSTM has been typically been about 50% when influent TSS are less than 15 mg/L. Quite often laboratory data is reflected as<5 mg/L which is reported as the limit of detection. 50% reduction is a reasonable projection. Table 8: ATSDEM Performance Projections Pm..0/hr) 0.032 KS (ug/L) 50 Ksh(gPm/If) 11 Tot°C 30 Q 1.09 TP Areal TN Areal TP Removal TN Removal Algal Turf Net Influent Effluent removed Rate Influent Effluent removed Rate Productivity Effluent TP Ng/I TP Ng/I Ib g/m2-yr TN mg/I TN mg/I Ib g/m2-yr g/m2-day pH January 136 110 75 16 1 0.75 0.64 301 65 7.50 8.02 February 112 86 74 16 0.72 0.62 295 63 7.35 801 March 333 265 193 42 0.84 0.57 774 166 19.26 8.34 April 171 108 178 38 1.06 0.81 714 154 17.77 8.30 May 326 213 321 69 1.37 0.92 1,284 276 31.96 8.68 June 267 148 337 73 1.63 1.16 1,350 290 33.61 8.73 July 148 65 235 50 1.14 0.81 939 202 23.38 8.45 August 325 193 374 81 1.54 1.01 1,498 322 37.30 8.83 September 267 178 253 54 1.02 0.66 1,013 218 25.21 8.50 October 227 168 168 36 1.10 0.86 674 145 16.78 8.27 November 167 127 113 24 1.12 0.96 452 97 11.26 8.12 December 172 144 78 17 0.72 0.61 314 67 7.81 8.02 Avera es 225 1 151 45 1.12 0.82 182 21.04 8.39 Totals 2,402 9,607 Table 9: Comparison ATSDEM Performance Projections to Pilot Results January through April 2011 Areal Removal Rate Productivity g/m'`- pH Influent mg/L Effluent mg/L m-'- r da Pilot Pilot Pilot Pilot Pilot ATSDEM Data ATSDEM Data ATSDEM Data ATSDEM Data ATSDEM Data T 136 82 110 57 16 22 7.50 6.03 8.02 8.37 Jan T 0.75 0.64 0.64 0.49 65 170 T 112 80 86 45 16 28 7.35 14.32 8.01 8.54 Feb T 0.72 0.66 0.62 0.42 1 65 208 T 333 257 265 45 42 165 19.26 20.98 8.34 8.35 Mar T 0.84 1.28 0.57 0.56 166 589 T 171 99 108 30 38 54 17.77 23.28 8.30 8.21 Apr T 0.81 1.13 0.81 0.66 154 369 In addition to the ATSTM,the proposed facility will include about 1 acre of polishing wetlands, intended to permit settling of periodically sloughed algae and some buffering of pH and water temperature, as well as providing wildlife habitat. The removal rates in terms of nutrients and solids through such a wetland/pond system is comparatively modest. At the Egret Marsh Stormwater Park, the ATSTM is followed by a wetlandlpond system, which over nine months has provided an average removal rate of 5 g/m2-yr for TP and 25 g/m2-yr for TN. These removals are reflected in the loading and load reduction table included as part of this application. A4 DEP Agreement No.G0353,Attachment A-1,Page 13 of 14 145 I. �, r a sy i; ,.v•.. . r 'v� ,•.rJl •'N� '` [�` "'! rib" •. 'id, .� y LD I IL StrSW�� SOuh Relief Canal,... Proposed f f , �. Pump Station •' ��.• z ,. - Lateral J Canal LI Proposed 24"Force Mai t t , ( -• -• 6,200 N• .�. .. ...�N S r' fti ^ A 1 Al°� l r 1 'aqua Sf� WWF:-^ ,,,,•,, � •, � .1 =MHSIh'SVSW 6New Proposedtributary canal T„ Outfall to 5th street G. EXISTING'SOU H NI" WATER TREAT EN New Proposed on-site FACILITY ' • ForceConnectors Figure 1 General System Layout S T11 South Relief AT d 13 Facility ... -. Treatment Proposed _ August, - - Force Site (No Scale) Main Segment N w,2012GoogleW� Qlp.t•-«.�,.'�j�.,�Google earl l•.•.y.' 1 1 fi3�+�'t�!•� Ima a Dafe 27'35'43!2"N 80 24'08.8',W,.elev }' 9. Y + • `I EXHIBIT—I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: � Federal Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following:_ State Federal Appropriation Program CFDA Fundin Amount Cate o Federal A enc Number CFDA Title 140076 Number $850,000.00 Original U.S.Environmental 66.460 Nonpoint Source Implementation Grants A Bement Protection Agency State Resources Awarded to the Reci fent Pursuant to this A reement Consist of the FollowingMatchingResources for Federal Pro rams: State Federal Appropriation Program CFDA Title Fundin Amount Cate o Number Federal A enc CFDA State Resources Awarded to the Recipient Pursuant to this A reement Consist of the FollowingResources Sub'ect to Section 215.97,F.S.: State CSFA Title State or Appropriation Program State CSFA Number Fundin Source Fiscal Year Number Fundin Source Descri tion Fundin Amount Cate ory $376,900.00 140076 Amendment Water Quality Assurance 2012-2013 37.039 Statewide Surface Water Restoration No. I Trust Fund,Line 1662 and Wastewater Projects Amendment Water Quality Assurance 2013-2014 37.039 Statewide Surface Water Restoration $1,000,000.00 14007 No. l Trust Fund,Line Item 1620 and Wastewater Pro'ects Total Award $2,226,900.00 For each program identified above, the recipient shall comply with the program requirements described in the a Catalog os of Federal Domestic Ass stanc p( FDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [htt s p / pp The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215(03/09) DEP Agreement No.G0353,Attachment F,Page 5(Revised)of 5 r J Public Works INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Louise Gates, Land Acquisition Spec' ist SUBJECT: Right-of-Way Acquisition,5170/5182 8 reet,Sebastian,FL 32958 Parcel I.D. #31-39-28-00000-5000-00040.0 Seller: Jada W. Plante DATE: September 30,2013 DESCRIPTION AND CONDITIONS This project consists of widening CR510 (85`h Street) between 55`h Avenue and the Indian River Lagoon, from a two-lane to a four-lane, median-divided road with turn lanes. The County needs to acquire the property located at 5170-5182 85`h Street, consisting of 2.04 acres, for a storm water retention pond. The property is zoned CH (Heavy Commercial) and is located on the north side of CR510, west of the Florida East Coast Railway Company right-of-way. The property features five structures, two of which are single family residences (rentals), plus one office building presently undergoing renovations. The previous owner of the property, Dorothy Walker, agreed in 2010 to sell the property to the County for $700,000. The County however rejected that offer and later dropped negotiations when the CR510 project was shelved. The County resumed negotiations in 2013 when the CR510 project was revived and a new appraisal requested by the current property owner, Jada Plante, which was provided by Gary S. Eilen, MBA, appraiser for the Seller, indicated a value of$567,000. Attorney for the seller, Raymer Maguire, also requested $49,677.15 in attorney, engineering, survey,appraisal and other fees,bringing the seller's total current request to $616,677.15. County-funded appraisers have evaluated the property twice with the following results: 2011 appraisal (Spivey Group): $373,200 2013 appraisal (Boyle & Drake): $450,000 On September 30, 2013, after extensive negotiations, Ms. Plante agreed to accept $571,677 inclusive of all attorney, engineering, survey, appraisal costs and fees. • 148 Property Acquisition 5170/5182 85"' Street Plante Properh September 30, 2013 — Page Two of Two • The County needs to acquire a total of 75 parcels to widen this section of the CR510 Project, with the parcel acquisition breakdown as follows: 1. Right-of-way(R/W)parcels= 29 2. Temporary construction easements(TCEs) = 28 3. Drainage easements (DEs)= 18 Total = 75 This acquisition represents one parcel (full take for retention pond). Combined with previous acquisitions, this would reduce the overall total of parcels needed from 75 to 58. Staff also has 2 pending acquisitions, which would further reduce the total from 58 to 56. FUNDING For FY 13/14, $1,648,791 has been budgeted in Optional Sales Tax/ROW/CR 510-55`h Ave to Indian River,Acct# 31521441-066120-05023,with nothing being encumbered or expended year to date. RECOMMENDATIONS The Board's options include the following: Option l: Approve the transaction, purchasing the retention pond site containing 2.04 acres for the purchase price of$571,677 inclusive of all fees and costs. Option 2: Reject the terms of the Agreement and continue to negotiate. Staff recommends Option 1: The Board of County Commissioners approves the purchase of the property at a total price of$571,677 and authorizes the Chairman to sign the Purchase and Sale Agreement. ATTACHMENT Two"Originals"of the Purchase Agreements DISTRIBUTION Indian River County ApproXed Date Christopher R. Mora, Public Works Director Administration 3 Louise Gates, Land Acquisition Specialist Budget I Id f'3 APPROVED AGENDA ITEM Legal �� fU- - FOR: October 22, 2013 Public works (,jYy'' io k 5"/ i3 B Engineering L �� ./a _ 13 2 149 ORIGINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE • BETWEEN INDIAN RIVER COUNTY AND JADA W. PLANTE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2013, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Jada W. Plante, a married woman, who agree as follows: WHEREAS, Jada W. Plante owns property located 5170/5182 85th Street, Sebastian, FL 32958. A description of the property is attached to this agreement as Exhibit "A", and incorporated by reference herein; and WHEREAS, the County is scheduled to expand CR510, also known as 85`h Street, in the future and the road expansion will impact the property of Jada W. Plante; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to CR510; and WHEREAS,the County has contacted Jada W. Plante and has offered to purchase approximately 2.04 acres of property to be used as a storm water retention pond, and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, Jada W. Plante and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 51 70/51 82 85th Street, Sebastian, Florida and more specifically described in the legal description attached as Exhibit"A", containing approximately 2.04 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 150 ORIGINAL 2.1 Purchase Price Effective Date. The purchase price ("Purchase Price") of the Property shall be $571,677 (Five Hundred Seventy-One Thousand Six Hundred Sixty-Six Dollars), inclusive of all fees and costs. The Purchase Price shall b d on the Date. The Effective Date of this Agreement shall be the date upon which the County shallll have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30)days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) iiextend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, with the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 151 ORIGINAL 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or(ii)obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all personal property, equipment and the items listed below from the Property. Seller shall deliver possession of the Property to the County, 30 days after closing, vacant and in the same or better condition that existed at the Effective Date hereof. 517085 th Street, Vero Beach — residential home • Antique claw foot tub • Wall unit AC north side of home • Water conditioner just recently installed • Appliances owned by tenant, washer and dryer 5182 85" Street, Vero Beach — residential home • Wall unit AC north side of home just recently installed • Appliances owned by tenant, washer and dryer 5180 85" Street, Vero Beach —office building • No items to be removed (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest 3 152 ORIGINAL holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 6.3 Closinq Proceeds. The closing agent shall disburse the closing proceeds due to Jada W. Plante to Maguire Lassman, P.A. Trust Account for further disbursal. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement,to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 4 153 ORIGINAL 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Raymer F. Maguire, III, Esquire Maguire Lassman, P.A. 605 E. Robinson Street, Ste. 140 Orlando, FL 32801 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian 4 River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited 5 154 ORIGINAL partnership, corporation, trust, or any form of representative capacity whatsoever for • others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 8.11 "Seller acknowledges receipt of the "Notice to Ow7it1ia " and understands his/her rights granted under Florida Law Chapters 73 and 74." ls IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 4W Joseph E. Flescher, Chairman a W. Plante, Owner Date Approved by BCC ATTEST: Jeffrey R.Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: ?osaeph . Baird, Countyministrator Approved as toF rm and Legal Sufficiency: ,Ula=14 County A orney 6 155 ORIGINAL • EXHIBIT , From the quarter corner on the South boundary line of Section 28,Township 31 South. Range 39 East,run West on the Section line a distance of 138.85 feet to the intersection of the West right-of-way line of the Florida East Coast Railroad, thence run North 25 degrees, 05 minutes West a distance of 27.6 feet on said Railroad right-of-way to a point of beginning on the North right-of-way line of a county road said North right-of-way being parallel to and 25 feet North of said South boundary line of said Section 25; from said point of beginning run West on said North right-of-way line of said County Road for a distance of 292.15 feet,thence run North 0 degrees,22 minutes East a distance of 150 feet,thence run West a distance of 102 feet, thence run North 0 degrees 22 minutes East a distance of 197 feet, thence run North 85 degrees, 52 minutes East a distance of 225 feet to the said West right-of-way of the Florida East Coast Railroad. thence run South 25 degrees 05 minutes East a distance of 401.8 feet on said West right-of-way line of the Florida East Coast Railroad to said point of beginning. • ® 7 156 1 i'I i (igF i f1 he.., I!' 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Y fir+ ,:� r 'U f' i ��! � `K��r�'���,, i.�.���Qi � 1r�'..�`�rd ;�► "'171 1,,�1 ������ � 1,r�y��'��� 1. ,�+ 1j(� i, �tt �p�1 V � " � +'� �f.J°a� l �F�`+,����f� I� f•h fl :j�qi���1�NI , 1 �i 4 �r 1 ,~•tl�y � Y.t{rc,. 4lA" ,ry �1 ,t'cN ''<',,4y .r��1 � �'�"F ' N'��I ow M �tsi� ix+,,irei• k f a + � S� .��' �` '1 :��A •p f`., r. r �I 1� '1 l d�X�rl � 1 � f � rFj. 4 !• � '� t i � d � y , ��'• r K � r � 11 l ,' 1. � �'✓�'��,� v I �; , � '�{}�` � j7M1 `�^ p' .n� r, f� .it��l' Minfid, ' , it h. la .,,,•. ,•,7•• .,.,, 1' Fy'D�l � l< !, .d: , l� r � �:I. '-i'� � ,a• •�j�..P'i'•.�''�� l »�+�.��'�� •`jl�� it k: /1 1!j�l t�, t r �r CONSENT • INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 14,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown,Director,Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Award of RFP No. 2013022 for Administration,BCC Office and Mailroom Copier Replacement BACKGROUND: The copiers in the County Administrator's office, Board of County Coin inissioners' office and General Services Mailroom require replacement. The leases for the Administrator and BCC office copiers have extended beyond the contract terms. Both the Black and White and Color copiers in the Mailroom are county owned, but have reached an age at which reliability and cost of maintenance are an issue. An RFP was issued to obtain qualifications and pricing for equipment meeting the specifications developed by each office, with three models anticipated to be selected(two of the same model to be chosen for the BCC and Administrator offices, and both Black and White and Color models for the Mailroom). RFP RESULTS: Advertising Date: March 4,2013 RFP Opening Date: March 27, 2013 at 2:00 pm DemandStar Broadcast to: 117 Vendors Specifications Requested by: 17 Vendors Replies: Five Vendors RFPs ACCEPTED: Com an Ci /State Co iers ro osed Co tronics Information Systems Rockled e, FL Both EGP,Inc. Orlando, FL Admin/BCC Onl Florida Co Data Vero Beach, FL Admin/BCC Only Li htsource Imaging Solutions,LLC (Canon) Vero Beach, FL Both Li htsource Imaging Solutions,LLC (Sharp Vero Beach, FL Both PTC East,LLC c/o Xerox Corp. Stuart, FL Both ANALYSIS: A selection review committee, appointed by the County Administrator, completed initial scoring of the submittals based on firm qualifications, proposed equipment capabilities and features, client references, cost proposal and location of nearest service center. 1Tileserwr2V4rblicNurchasing%Bids\2012-:013 FY(2013000(1.2013022 Admin-BCC and Mailroom Copiers RFP1Agenda doc 158 CONSENT Lightsource Imaging Solutions was short listed for both departments, but withdrew their proposal from consideration after the short listing. The remaining two proposers for the mailroom and the three remaining highest-ranked proposers for Admin/BCC were interviewed and rankings for those firms updated. The top two vendors for each department were asked to bring in their proposed equipment for a test period and additional evaluation. After completion of trial periods for selected vendors and equipment, the evaluation committee developed the following final rankings: Administration Office/Board of County Commissioners Office 1. Copytronics(Konica Minolta) 2. EGP,Inc. (Kyocera) Mailroom 1. Copytronics(Konica Minolta) 2. PTC East,LLC(Xerox) Pricing was requested for purchase, 60-month lease and 48-month lease,with the committee recommending a 48-month lease to be the most suitable term. As proposed, a monthly cost savings will be realized in the County Administrator and Board of County Commissioners offices, while the Mailroom will incur a monthly lease expense but will be able to offer expanded services to county departments, including the capability to print high quality color flyers and business cards. FUNDING: With the contract term expected to begin in November, funding is available in each department's Maintenance — Other Equipment accounts. Costs and available funds are shown on the following page. Account Name Current Proposed Annual FY 13/14 Lease Lease Chane Available 00120112-034630 Maintenance—Other Equipment $271.00 $167.11 (-$1,246.68) $1,900 (County Administrator) 00110111-034630 Maintenance—Other Equipment $350.00 $260.73 (-$1,071.24) $3,800 (BCC) 00125119-034630 Maintenance—Other Equipment *$965.21 $840.72 (-1,493.86) $12,300 (Mailroom) Pricing above reflects lease expenses only, not overages, or in the case of the mailroom, anticipated charge-offs to county departments for production fees *The mailroom copiers(existing Xerox 4110 B&W and WCP3545 color models were purchased outright at a monthly cost of$965.21) RECOMMENDATION: While finding the three firms and systems selected to participate in the test period (Copytronics Information Systems, Inc. with the Konica Minolta Bizhub, EGP, Inc. with the Kyocera Taskalfa and PTC East, LLC with the Xerox D series) all are qualified and capable of meeting the county's requirements, staff recommends selection of Copytronics Information Systems, Inc, as the most responsive and responsible respondent meeting the specifications as set forth in the RFP. In addition, staff requests the Board of County Commissioners approve the attached sample agreement and authorize the County Administrator to execute said agreement when required certificate of insurance has C\Uwm\rbommariio\AppDaza\I.o Wicrosofl\Windows\Tempo`ary Imerna Files\Coment.Outlook\U77NB4FF\Agenda.doc 159 CONSENT been received and approved by Risk Management and the County Attorney has approved the agreement as to form and legal sufficiency. Finally, staff requests the Board authorize the Administrator to execute agreements for similar equipment and services from any of the three firms which participated in the test period. ATTACHMENTS: RFP Tabulation Sample agreement APPROVED AGENDA ITEM Indian River Co APPrQQ& Date BY; SN A Mel Admin ,o Legal —Folfw hseph Baird, County Administrator Bua et De artment FOR: � �� q��f\3 Risk Manager C\UsenVbommarito\AppDataU ocaWi"o"o Windows\Temporary Immtet FileAContmt 0W100k\U77NB4FF\A8enda.doc 160 Office of INDIAN RIVER COUNTY ASSISTANT COUNTY ADMINISTRATOR DEPARTMENT OF GENERAL SERVICES Michael C.Zito,Esq. Assistant County Administrator Department of General Services MEMORANDUM DATE: October 15, 2013 TO: Jason Brown, Office of Management and Budget FROM: Sheila S Votzi, Staff Assistant IV for Michael C. Zito, Assistant County Administrator SUBJECT: Financial obligation on selection of replacement equipment for the Mailroom, RFP 2013022 Based on the proposal from Copytronics Information Systems, Inc. to lease two (2) multifunctional machines, the estimated financial obligation would be as follows: IL 98 MONTH LEASE OPTION COPYTRONICS INFORMATION SYSTEMS LEASE Estimated CURRENT COPIER/PRINTER Maintenance Expense MONTHLY B/W&COLOR Minimum Mommy based on copy TOTAL EXPENSE Payment Payment per Print Rate count per month MONTHLY $1,135.27 KONICA- MINOLTA 1052 $649.29 0 $0.0055 $451.00 $1,100.29 (BLACK/WHITE) (est—82,000 copies mo) DUAL SCANNING KONICA- MINOLTA C554e $0.0099 Color (BLACK/WHITE& $191.43 0 (est 1600 copies mo) $15.84 $207.27 COLOR) DUAL SCANNING TOTAL LEASE: $ 840.72 0 $172.29 $466.84 $1,307.56 increase These two new proposed machines would replace the existing Xerox 4110 black/white copier purchased in 2005 for$28,950.00, and the Xerox WCP3545 color machine for$17,380.00. Both machines have been in operation since that time. These copiers were purchased from the General Fund Contingencies (Amendment 010, April 27, 2005). If you amortize the total purchase price of $46,330.00 over a 48 month period, it calculates out to $965.21 a month. (W Because of their age and usage,they have become undependable and more difficult to find replacement parts. All these factors has caused the maintenance contract to become extremely costly.. 161 RFP No.:2013022 Indian River County Purchasing Division 180027th Street, Vero Reach,F'1, 32960 NN itness: Maeehan NIcLaui!hlin RFP Name: RFP for Administration,BCC Office and (772)226-1416 Mailroom Copier Replacement Witness: ,fennifer flyde RFP Opening Date: 3/27/13 RFP TABULATION SHEET Time: 2:001 pm Company LOCdtIOn Addenda NI and #2 RFP Form Disclosure Original Submittal 3 Copies Copytronics Information Systems Rockledge. FL V y V EGP,Inc.* Orlando,FL V Y Y Y V Florida Copy Data ** Fero Beach, FL V Y Y Y V Lightsource Imaging Solutions, LLC (Canon) Vero Beach, FL, ll Y Y Y Lightsource Imaging Solutions,LLC(Sharp) Vero Beach, FL Y Y Y Y Y PTC East,LLC c/o Xerox Corp. Stuart,Fl, Y Y V V • EGP,Inc.-Submitting for Admin/BCC ONLY. **Florida Co y Data-Submitting for Admin/BCC ONLY. r C1 N RENTAL CONTRACT Rental Non-App Renter Owner FederalID#: FederalID#: Dated as of This Rental Agreement dated as of the date listed above is between Owner and Renter listed directly above. Owner desires to rent the Equipment described in Exhibit"A"to Renter and Renter desires to rent the Equipment from Owner subject to the terms and conditions of this Agreement which are set forth below. I. Definitions Section 1.01 Definitions The following terms will have the meanings indicated below unless the context clearly requires otherwise. "Agreement"means this Rental Agreement and all Exhibits attached hereto,and all documents relied upon by Owner prior to the execution of this Agreement "Budget Year"means the Renter's fiscal year. "Commencement Date"is the date when Renter's obligation to pay rent begins. "Equipment"means all of the items of Equipment listed on Exhibit"A"and all replacements,restorations,modifications and improvements. "Owner"means the entity originally listed above as Owner or any of its assignees. "Original Term"means the period from the Commencement Date until the end of the Budget Year of Renter. "Renewal Term"means the annual term which begins at the end of the Original Term and which is simultaneous with Renter's Budget Year. "Rental Payments"means the payments Renter is required to make under this Agreement as set forth on Exhibit"B". - "Rental Term"means the Original Term and all Renewal Terms. - "Renter"means the entity listed above as Renter and which is renting the Equipment from Owner under the provisions of this Agreement "State'means the state in which Renter is located. If. Renter Warranties Section 2.01 Renter represents warrants and covenants as follows for the benefit of Owner or its assienees (a) Renter is authorized to enter into this Agreement,and has used such authority to properly execute and deliver this Agreement Renter has followed all proper procedures of its governing body in executing this Agreement. The Officer of Renter executing this Agreement has the authority to execute and deliver this Agreement. This Agreement constitutes a legal,valid,binding and enforceable obligation of the Renter in accordance with iti terms. (b) Renter has complied with all statutory laws and regulations that may be applicable to the execution ofjg Agreement.. (c) If Renter has never non-appropriated funds under an Agreement similar to.this,Agreementr,;p'`r Are'•' •Y t - (d) Upon request by Owner,Renter will provide Owner with current finanetaf statements,reports,�Frud¢e�s OF other relevant fiscal information. le) Renter presently intends to continue this Agreement for the Original Terni all Renewal Ter+msrd1 set forth on Exhibit"B"hereto. The official of Renter responsible for budget preparation will include in the budget request for each Budget Year the Rental Payments to become due in such Budget year,and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the RentalPaymentscomin_gdue therein. Renter reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. A Use of Equipment and Rental Payments s > Section 3 Ol Installation and Acceptance Renter shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Renter has selected or will select all of the Equipment and the manufacturer or supplier thereof the"Su tier 7 PP (5)'J and therefore acknowledges that Owner has not selected,manufactured,supplied or provided any Equipment. In reliance upon Renter's execution of and compliance with this AgreemeCrand assignrAn't of Renter's purchase rights for the Equipment to Owner,Owner shall issue its purchase order to the Suppliers)for the Equipment. As soon as practicable after the.date ohrwhich the Equipment have been delivered and determined by Supplier(s)to be ready for use at Renter's location(the`Acceptance Date"),'Reriier will execute a Certificate of Accepteni_e ip the form attached and dated as of the Acceptance Date. If(i)no Event of Default has occurred, (i)Owner receives such executed Certificate of Acceptance,all other documents and informatipn required under this Agreement,and(iii)Owner receives appropriate invoices and related documents from Supplier(s),Owner shall pay the Supptler(s)for the Equipmenl. Renter shall arrange with the Supplier(s)for delivery and installation of Equipment. All Equipment shall be shipped directly from Supplier(s)to Renter. Owner shall have no liability for any delay or failure by the Supplier(s)to deliver and install Equipment,or to perform any services,or with respect to the selection,installation,testing,performance,quality,maintenance or support of the Equipment. Renter,at its expense,will pay all transportation,packing,taxes,duties, insurance,installation,testing,maintenance and other charges in connection with the delivery,installation and use of the Equipment. Section 3.02 Rental Payments, Renter shall pay Rental Payments exclusively to Owner or its assignees in lawful,legally available money of the United States of America. The Rental Payments shall be sent to the location specified by the Owner or its assignees. The Rental Payments shall constitute a current expense of the Renter and shall not constitute an indebtedness of the Renter Owner shall have the option to charge interest at the highest lawful rate on any Rental Payment received later than the due date,plus any additional accrual on the outstanding balance for the number of days that the Rental Payment(s)were late. Owner shall also have the option,on monthly payments only,to charge a late fee of up to 10°h of the monthly Rental Payment that is past due. The Rental Payments will be payable without notice or demand. Renter shall pay or,if requested by Owner,reimburse Owner for any and all sales, use,personal property,or other taxes,fees or assessments Iii against or imposed upon the Equipment,its value,use or operation.Furthermore,Renter agrees to pay any additional fees/costs incurred by Owner relating to Renter's requirement that a certain payment mechanism be utilized. Section 3.03 Rental Payments unconditional Except as provided under Section 4.01,THE OBLIGATIONS OF RENTER TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,DIMINUTION.DEDUCTION,SET-OFF OR DEFENSE Secuon 3,04 Rental Term The Rental Term of the Agreement shall be the Original Term and all Renewal Terms until all the Rental Payments are paid as set forth on Exhibit 8. Section 3.05 Disclaimers lal OWNER,NOT BEING THE SUPPLIER OR THE AGENT OF ANY SUPPLIER,MAKES NO WARRANTY,REPRESENTATION OR COVENANT,EXPRESS OR IMPLIED,AS TO ANY MATTER WHATEVER, INCLUDING,BUT NOT LIMITED TO THE MERCHANTABILITY OF THE EQUIPMENT OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE,THE DESIGN,QUALITY,CAPACITY OR CONDITION OF THE EQUIPMENT COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENT OF ANY LAW, RULE,SPECIFICATION OR AGREEMENT,PATENT OR COPYRIGHT INFRINGEMENT,OR LATENT DEFERS. OWNER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY THE SUPPLIER(S). OWNER MAKES NO REPRESENTATION AS TO THE TREATMENT BY RENTER OF THIS AGREEMENT FOR FINANCIAL STATEMENT OR TAX PURPOSES. RENTER AGREEMENTS THE EQUIPMENT"AS IS." Renter agrees,regardless of cause,not to assert any claim whatsoever against Owner for any indirect,consequential,incidental or special damages or loss,of any kind,including,without limitation,any loss of business,lost profits or interruption of service. Any action by Renter against Owner for any default by Owner under this Agreement shall be commenced within one(1)year after any such cause of action accrues. (b) Renter shall look solely to the Supplier(s)for any and all claims related to the Equipment. RENTER UNDERSTANDS AND AGREES THAT NEITHER SUPPLIER(S)NOR ANY SALESPERSON OR OTHER AGENT OF SUPPLIER(S)IS AN AGENT OF OWNER,NOR ARE ANY OF THEM AUTHORIZED TO WAIVE OR ALTER THIS AGREEMENT, No representation by Supplier(s)shall in any way affect Renter's duty to pay the Rental Payments and perform its obligations under this Agreement. Section 3.06 End of Rental Term Options Renter may,if no Event of Default then exists,(i)purchase all(but not less than all)of the Equipment by paying Owner the fair market value of the Equipment as determined by Owner,(ii)renew this Agreement for a period of not less than three(3)months at a monthly Rental Payment of S. or (iii) return Equipment to the Owner pursuant to Section 3.07. Renter must provide Owner written notice of the option selected not less than 90 days prior to the end of the Rental Term. If such notice is not received. Agreement will automatically renew for one year at the current Rental Payment If Renter elects to purchase Equipment,Renter shall,on the last day of the Rental Term,pay to Owner the purchase price for Equipment in cash,and upon receipt of such payment Owner shall transfer to Renter title to the Equipment,free and clear of any claim,lien or encumbrance lother than Shose held by parties claiming by,through or under Renter).but without recourse,representation or any other warranty,express or implied,"AS IS",m its then condition and location Renter shall be responsible for all applicable sales,use,personal property and other taxes ection 3 07 Surrender Once Renter has made all of the Rental Payments set forth under Exhibit 8,Renter,at its sole expense,shall pay original supplier to teardown,remove,and for the return of Equipment to Owner's storage facility Owner and Renter shall inspect the Equipment upon their removal,and the results of such inspections shall be conclusive as to any damage 163 to the Equipment above ordinary wear and tear. Renter shall be responsible for the prompt payment of any and all damages to or reduction in value of the Equipment. At the conclusion of the Agreement,the Renter hereby grants to Owner a ninety(90)day rent free period of time after termination for the Owner to remove the Equipment. IV. Non-Appropriation Section 4-01 Non-A Drooriation.If insufficient funds are available in Renter's budget for the next budget year to make the Rental Payments for the next Renewal Term and the funds to make such Rental Payments are otherwise unavailable by any lawful means whatsoever,then Renter shall have the option to non-appropriate the funds to pay the Rental Payments for the ,ROW next Renewal Term. Lack of a sufficient appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Renter specifically prohibiting Renter from performing its obligations under this Agreement and from using any moneys to pay the Rental Payments due under this Agreement for a designated Budget Year and all subsequent Budget Years. If Renter chooses this option,then all obligations of the Renter under this Agreement regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Renter of any kind provided that if Renter has not delivered possession of the Equipment to Owner as provided herein and conveyed to Owner or released its interest in the Equipment by the end of the last Budget Year for which Rental Payments were paid,the termination shall nevertheless be effective but Renter shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit"B"which are attributable to the number of days after such Budget Year during which Renter fails to take such actions and for any other loss suffered by owner as a result of Renter's failure to take such actions as required. Renter shall immediately notify the Owner as soon as the decision to non-appropriate is made. If such non appropriation occurs,then Renter shall deliver the Equipment to Owner as provided below in Section 9.04. Renter shall be liable for all damage to the equipment other than normal wear and tear. If Renter fails to deliver the Equipment to Owner,then Owner may enter the premises where the Equipment is located and take possession of the Equipment and charge Renter for costs incurred. V. Insurance,Damage,Insufficiency of Proceeds Indemnification Section 5 01 Insurance Renter shall maintain property insurance at its own expense with respect to the Equipment. Renter shall be solely responsible for selecting the insurer(s)and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Renter is required to make Rental Payments. Renter shall provide Owner with a Certificate of Insurance which lists the Owner and/or assigns as a loss payee on the policies with respect to the Equipment. Renter shall insure the Equipment against any loss or damage in an amount at least equal to the then applicable Stipulated Loss Value of the Equipment. Renter may self-insure against the casualty risks described above. If Renter chooses this option,Renter must furnish Owner with a certificate and/or other documents which evidences such self insurance. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty(30)days advance notice to Owner or its assignees. Renter shall furnish to Owner certificates evidencing such coverage throughout the Rental Term. Section 5.02 Damage to or Destruction of Eou ipment Renter assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost,stolen,damaged,or destroyed by fire or other casualty,Renter will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Owner,Renter shall either(1)apply the Net Proceeds to replace,repair or restore the Equipment or(2)apply the Net Proceeds to the applicable Stipulated Loss Value. For purposes of this Section and Section 5.03,the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds If there are no Net Proceeds for whatever reason or if the Net Proceeds are irsufficient-to pay in full the cost of any replacement,repair, restoration, modification or improvement of the Equipment, then Renter shall, at the option of Owner, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or(2)apply the Net Proceeds to the Stipulated Loss Value and pay the deficiency,if any,to the Owner. Section 5.04 indemnity.Renter assumes liability for,and agrees to and does hereby indemnify,protect and keep harmless,Owner,its successors and assigns,and their respective agents, employees,officers and directors from and against any and all claims,liability,loss,cost,damage or expen§e,(including reasonable attorneys'fees),of whatsoever kind and nature including but not limited to those arising out of or caused by the negligence of Renter,and their respective agents or employees,arising out of the use,condition,operation,possession,control, selection,delivery or return of any item of Equipment, regardless of where, how,and by whom operated,and any failure by Renter to comply with this Agreement. The foregoing indemnities(i)include without limitation,claims,loss,cost,damage or expense suffered or irKWred as a result of any defect in'the'Equipment,Software or Services(whether discoverable or not)or based upon any theory of liability(including strict liability doctrin4s"OIiAajutes)and(iishjLll only apply with respect to events prior to the return of the Equipment pursuant to Section 9.04. VI. Title Section 6.01 Title. Title to the Equipment shall vest in Owner upon execution of this Agreement. Title to tFie Equipment will remain with the Owner throughout the Rental Term. Renter shall be responsible for the filing fees,charges,and any other costs associated with the registration of the little: Renter agrees that Owner or its Assignee may execute any additional documents including financing statements,affidavits,notices,�and similar instruments,for and"half of Renterwhich Owner deems necessary or appropriate to protect Owner's interest in the Equipment and in this Agreement. ; k -z Section 6.02 Owner. Renter acknowledges and agrees that Owner is,sole and exclusive oyrner of the Equipment,and that by the execution of this Agreement,Renter shall not Possess or obtain any ownership interest,legal or equitable,in the Equipment,except.solely as RenteE hereunder and subject to the terms hereof. The Equipment is and shall at all times be and remain,personal property,notwithstanding that the Equipment or bny part thereof may now be, e,or hereafter become in any manner affixed or attached to real property. VII. Assignment Section 7.01 Assignment by Owner.All of 0wner'i`7ights,,title and/or interest'in the Rental Payments may be assigned ano reassigned in whole or in part to one or more assignees or sub assignees by Owner at any time without the consent of Renter. No such assignment shall be effective as against Renter until the assignor shall have filed with Renter written notice of assignment identifying the assignee. Renter shall pay all Rental Payments due hereunder relating to such Equipment to or at the direction of Owner or the assignee named in the notice of assignment. Renter shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment by Renter None of Renter's right,title and Interest under this Agreement and in the Equipment may be assigned by Renter unless Owner approves of such assignment ir writing before such assignment occurs. VIII. Maintenance of Equipment Section 8.01 Maintenance Renter shall pay any and all fees,property taxes or other taxes,charges and expenses and comply with all laws related to the use,possession,and operation of the Equipment while it is in Renter's possession,including obtaining all approvals and permits related to the use and/or possession of the Equipment. Renter shall maintain and keep the Equipment in good repair and safe operating condition during the term of this Agreement in accordance to Supplier's recommendations including but not limited to regular maintenance of all HVAC equipment. Renter will be liable for all damage to the Equipment,other than normal wear and tear,caused by Renter,its employees or its agents Renter shall not during the term of this Agreement create,incur or assume any levies,liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. Renter shall allow Owner to examine and inspect the Equipment at all reasonable times. 1X. Default Section 9.01 Events of Default defined The following events shall constitute an"Event of Default"under this Agreement, (ai Failure by Renter to pay any Rental Payment listed on Exhibit"8"for fifteen(15)days after such payment is due according to the Payment Date listed on Exhibit"B" (b) Failure to pay any other payment required to be paid under this Agreement at the time specified herein and a continuation of said failure for a period of fifteen(15)days after written notice by Owner that such payment must be made. If Renter continues to fail to pay any payment after such period,then Owner may,but will not be obligated to,make such payments and charge Renter for all costs incurred plus interest at the highest lawful rate. (c) Failure by Renter to observe and perform any warranty,covenant,condition,promise or duty under this Agreement for a period of thirty(30)days after written notice specifying such failure is given to Renter by Owner,unless Owner agrees in writing to an extension of time. Owner will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Renter_ Subsection(c)does not apply to Rental Payments and other payments discussed above. Idl Any statement,material omission,representation or warranty made by Renter in or pursuant to this Agreement which proves to be false,incorrect or misleading on the date when made regardless of Renter's intent and which materially adversely affects the rights or security of Owner under this Agreement. (e) Any provision of this Agreement which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Owner. (f) Renter admits in writing its inability to pay its obligations Renter defaults on one or more of its other obligations Renter applies or consents to the appointment of a receiver ora custodian to manage its affairs. Renter makes a general assignment for the benefit of Owners. Section 9.02 Remedies on Default.Whenever any Event of Default exists,Owner shall have the right to take one or any combination of the following remedial steps. (al With or without terminating this Agreement,Owner may declare all Rental Payments and other amounts payable by Renter hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Agreement.Owner may require Renter at Renter's expense to redeliver any or all of the Equipment to Owner as provided below in Section 9.04. Such delivery shall take place within 15 days after the event of default occurs.If Renter fails to deliver the Equipment,Owner may enter the premises where the Equipment is located and take possession of the Equipment and charge Renter for cost incurred. Notwithstanding that Owner has taken possession of the Equipment,Renter shall still be obligated to pay the 164 remaining Rental Payments due up until the end of the then current Original Term or Renewal Term. Renter will be liable for any damage to the Equipment caused by Renter or its employees or agents. (q Owner may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Renter shall be responsible to Owner for all costs incurred by Owner in the enforcement of its rights under this Agreement including,but not limited to,reasonable attorney fees. Section 9.03 No Remedy Exclusive.No remedy herein conferred upon or reserved to Owner is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage (al Surrender:The Renter shall,at its own expense,surrender the Equipment to the Owner in the event of a default by delivering the Equipment to the Owner to a location accessible by common carrier and designated by Owner. (b) Delivery:The Equipment shall be delivered to the location designated by the Owner by a common carrier unless the Owner agrees in writing that a common carrier is not needed When the Equipment is delivered into the custody of a common carrier,the Renter shall arrange for the shipping of the item and its insurance in transit in accordance with the Owners instructions and at the Renter's sole expense. Renter at its expense shall completely sever and disconnect the Equipment or its component parts from the Renter's property all without liability to the Owner. Renter shall pack or crate the Equipment and all of the component parts of the Equipment carefully and in accordance with any recommendations of the manufacturer. The Renter shall deliver to the Owner the plans,specifications operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and such other documents in the Renter's possession relating to the maintenance and methods of operation of such Equipment. (c) Condition:When the Equipment is surrendered to the Owner it shall be in the condition and repair required to be maintained under this Agreement. It will also meet all legal regulatory conditions necessary for the Owner to sell or lease it to a third party and be free of all liens. If Owner reasonably determines that the Equipment or an item of the Equipment,once it is returned,is not in the condition required hereby,Owner may cause the repair,service,upgrade,modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand,Renter shall promptly reimburse Owner for all amounts reasonably expended in connection with the foregoing. (d) Storage:Upon written request by the Owner,the Renter shall provide free storage for the Equipment or any item of the Equipment for a period not to exceed 60 days after the expiration of its lease term before returning it to the Owner. The Renter shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Owner shall reimburse the Renter on demand for the incremental premium cost of providing such insurance. X. Miscellaneous Section 10.01 Notices.All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02 Binding Effect.Renter acknowledges this Agreement is not binding upon the Owner or its assignees unless the Conditionsto"Funding fisted on the Documentation Instructions have been met to Owner's satisfaction,and Owner has executed the Agreement. Thereafter,this Agreement shall inure to the benef [heir respective successors and assigns, it s of and shall be binding upon Owner and Renter and Section 10.03 Severability.In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competenYjurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. - Section 10.04 Amendments,Addenda.Changes or Modifications This Agreement may be amended,added to,changed or modified by written agreement duly executed by Owner and Renter.Furthermore,Owner reserves the right to directly charge or amortize into the remaining balance due from Renter,,a reasonable fee,to be determined at that time,as compensation to Owner for the additional administrative expense resulting from such amendment,addenda,change or modification. Section 10.05 Execution in Counterparts.This Agreement may be simultaneously executed in several counterparts,each of which shall be ah original and all of which shall constitute but one and the same instrument. ^t Section 10.06 Captions.The captions or headings in this Agreement do not define,limit or describelthe scopexr>�intent of any provisions dr sections of this Agreement. Section 10.07 ARTICLE 2A WAIVERS.In the event that Article 2A of the Uniior t mmercial Cod it o ,+Q. - Qt?d.under applicable state law and applies to this Agreement,then Renter,to the extent permitted by law,waives any and all rights and remedies conferred upon a Renter by Sections 2A569 through 2A 522 of such Article 2A,including,but not limited to,Renter's rights q • to:(Q cancel or repudiate this Agreement (ii)reject or revoke acceptance of the Equipment,Software or SErvices;(iii)claim,grant or permit a security interest in the Equipment in Renter's possession or control for any reason;(iv)deduct from Rental payments or other arrfounts�dde hereunder,all orany part of any claimed damages resulting from Owners default,if any,under this Agreement;(v)accept partial delivery of the Equipment;(vi)"cover"by makmg`any purchase or Agreement of or Agreement to purchase or Agreement equipment in substitution for Equipment designated in this Agreement; and (vii)obtaiq specific performance, replevin, dkLnue, sequestration,claim and delivery or the like for any Equipment identified to this Agreement. To the extent permitted by applicable law;Renta also hereby waiveszany rights c46W or hereafter conferred by statute or otherwise which may require Owner to sell, Agreement or otherwise use any Equipment in mitigation of56wner's'da mages or which m`sdy otherwishi�itit or modify any of Owner's rights or remedies. Section 10.08 Master Rental.This Agreement can be utilized as a Master Rental Agreeme�tl. This means that the Owner and the Renter may agree to the rental of the additional Equipment under this Agreement at some point in the future by executing one or more A Iddional Schedules to Exhibit A,Exhibit B,Exhibit C and Exhibit D as well as other exhibits or documents that may be required by Owner.For purposes of this section,the term", ddi{ional Schedule;refers to the proper execution of additional Schedules to Exhibit A,Exhibit B.Exhibit C and Exhibit D as well as other exhibits or documents that may be.required by the Owner all of which relate Co the renting of additional Equipment.Additional Schedules will be consecutively numbered on each of the exhibits which make up the Addtionil-schedule and all the termsand conditions of the Agreement shall govern to each Additional Schedule. Section 10.09 Entire Writing.This Agreement constitute5 the entire writing between Owner and Renter, No waiver,consent,modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties,and then such waiver,consent,modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements,representations,conditions,or warranties,express or implied,which are not specified herein regarding this Agreement or the Equipment rented hereunder.Any terms and conditions of any purchase order or other documents submitted by Renter in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Owner and will not apply to this Agreement. Section 10.10 Choice of Law.This Agreement shall be governed according to the laws of the State of the Renter. Owner and Renter have caused this Agreement to be executed in their names by their duly authorized representatives listed below. Signature Signature Printed Name and Title Printed Name and Title 165 Schedule(01) EXHIBIT A DESCRIPTION Of EQUIPMENT RE: Rental Contract dated as of between(Owner)and(Renter) Below is a detailed description of all the items of Equipment including quantity,model number and serial number where applicable: s1JA. f i C 13 4 a F ,r ,6 Physical Address of Equipment after Delivery 166 Schedule 101) EXHIBIT B CRE: Rental Contract dated as of PAYMENT SCHEDULE between(Owner)and(Renter) Date of First Payment: Total Number of Payments: Number of Payments Per Year: r � 4r. Signature _ E 4 M'. Printed Name and Title '•kms 'Assumes all Rental Payments due to date are paid (Stipulated Loss Value is not fair Morket Value(FMV),and should not be interpretedo5 some.FMV,as referenced in 3.06,can only be obtained from Owner at end of term. 41 313 3- 41, E.t Cfi 3: 6'r,.lE 4�•t �. !w ,t 14r x . l 167 Schedule(011 EXHIBIT C CERTIFICATE OF ACCEPTANCE RE: Rental Contract dated as of between(Owner)and(Renter) I, the undersigned, hereby certify that I am a duly qualified representative of Renter and that I have been given the authority by the Governing Body of Renter to sign this Certificate of Acceptance with respect to the above referenced Agreement. I hereby certify that: 1, The Equipment described on Exhibit A has been delivered and installed in accordance with Renter's specifications. 2. Renter has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Renter has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Agreement during the current Budget Year of Renter,and such moneys will be applied in payment of all Rental Payments due and payable during such current Budget Year. 4. Renter has obtained insurance coverage as required under the Agreement from an insurer qualified to do business in the State. 5. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 6. The governing body of Renter has approved the authorization, execution and delivery of this Agreement on its behalf by the authorized representative of Renter who signed the Agreement. 7. Please list the Source of Funds(Fund Item in Budget)for the Rental Payments that come due under Exhibit B of this Agreement. Source of Funds If the above Source of Funds is solely a grant type fund,then the Renter, by signing below,hereby authorizes the General Fund of the Renter as a backup source of funds from which the Rental Payments can be made. � •h �+ � Signature -- - Alm � r�=R Cy si �� Vented Name and Title `+ `.;� .� cs viN ♦: o •i s f 168 Schedule(01) EXHIBIT D CERTIFICATE OF AUTHORIZATION RE: Rental Contract dated as of between(Owner)and(Renter) 1. Determination of Need. The Governing Body of Renter, either through direct board action or indirectly through its officers,officials or other authorized representatives,has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Rental Agreement("Agreement")dated as of ,between (Renter)and(Owner). 2. Approval and Authorization. The Governing Body of Renter,either through direct board action or indirectly through its officers, officials or other authorized representatives has determined that it is in the best interest of the Renter to enter into a lease substantially in the form of the Agreement to finance the purchase of the Equipment described on Exhibit A of the Agreement. The Governing Body of Renter has duly authorized the individuals listed below to execute the Agreement and all documents related thereto on behalf of the Renter. Such authorization derives from either direct board action or indirectly through established policies and procedures or bylaws all as allowed by law. Authorized Individual(s): (Printed or Printed Name and Title of individuals)authorized to execute the Agreement) 3. Adoption.The signatures below from the designated individuals of the Governing Body of the`Reevidence the adoption of this Certificate of Authorization f ' Signature: (Signature of Secretary,Board Chairman or other member of the Gove,ming Body) Printed Name&Title: 4. (Printed Name and Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of illi A71ution) yi 114 Printed Name&Title: (Printed Name of individ64�v�-ned directly above ii 'i.",'it +Y{ 'C tie + t+ Air..+ .t� I '1 ' e� a, i C 169 INSURANCE REQUIREMENTS Pursuant to Article V of the Rental Contract,you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Certificate Holder: 1. Equipment Description ♦ Please include all applicable VIN's,serial numbers,etc. p 2. Physical Damage ♦ All risk coverage to guarantee proceeds of at least$0.00. ?'i r , 3. Deductible ♦ The deductible amounts on the insurance policy should not exceed.00. s a 4. Liability • Minimum Combined Single Limit of$1,000,000.00 combined single4imit on bodily injury and property damage. H r 5. Additional Insured and Loss Payee �;�« `t°_ `-0 q • Owner and/or Its Assigns MUST be listed as ad jitional insb etd nd losx payee. S �.8 r: . • ap Please forward certfficate as soon as possiib� Fax" Please complete the information Below and return this form along with the Agreement. Insurance Company: Agent's Name: Telephone#: Fax#: Address: City,State Zip: Email: 170 NT INDIAN RIVER COUNTY, FLORIDA D 11 MEMORANDUM Ffv� TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineer G �/ SUBJECT: Award of Bid No. 2014003 Historic Dodgertown (fka Vero Beach Sports Village) Room Renovations IRC Project No. 1341 DATE: October 9, 2013 DESCRIPTION AND CONDITIONS On June 4, 2013,the Board of County Commissioners approved Amendment No. 3 to the Facility Lease Agreement (FLA) with Verotown, LLC for hotel room renovations up to $600,000.00 at Historic Dodgertown (fka Vero Beach Sports Village). The project consists of renovating sixty-six (66) rooms at the Dormitory Complex at Historic Dodgertown (fka Vero Beach Sports Village). The renovations include demolition of certain room facilities and installation of new facilities. Work includes electrical, plumbing, drywall, painting,flooring, cabinetry,counters, etc. and updating certain improvements to comply with The Americans with Disabilities Act (ADA). Additionally, new chairs and televisions are being purchased separately through the Indian River County Purchasing Division. Cost of these items is estimated to be$32,634.29 and is part of the $600,000.00 approved budget for renovations. The bid opening was held on October 11, 2013. Eight (8) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: OAC Action Construction Corp. Miami, Florida De La Hoz Builders, Inc. $599,345.00 Sebastian, Florida *$668,880.10 Hartnett Building Group, LLC Fort Pierce, Florida Bill Bryant &Associates, Inc. $690,525.00 Vero Beach, Florida *$699,251.81 Gibralter Construction Co., Inc. Annapolis, Maryland Construction Management of Florida, Inc. Vero Beach, Florida *$66,900.00 Summit Construction of Vero Beach $811,411.84 Vero Beach, Florida *$820,610.00 Ralph Della Pietra, Inc. Jupiter, Florida $959,586.00 * Denotes mathematical errors were found and bid amounts corrected. F\Pu61ic WorksTNGMFFRING DIVISION PROILCTS 1341-Historic laodgmo%v(ha VB sports Village)Room R—atiomI A61im agaida nt�HC'C Agmda A%and of Uid I0-22- 2013.doc 171 Page 2 Christopher J. Kafer Jr., P.E., County Engineer For October 22, 2013 BCC Meeting OAC Action Construction, Corp. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $599,345.00; however, discussions were held between Verotown, LLC and County staff and the decision was made to reduce the scope of the project by removing renovations of five (5)small rooms ($7,410.00 each)to not exceed the budgeted amount of$600,000.00. Change Order No. 1, in the amount of$31,979.29, is to decrease the contract price for these five small rooms by$37,050.00, with an added Force Account amount of$5,070.71 for unforeseen extra items, for a contract total of$567,365.71. All reference checks indicate that OAC Action Construction, Corp. has performed construction similar to the requirements for this project and has consistently performed work in a satisfactory manner. FUNDING Funding for the remaining sixty-one (61) room renovations is approved and available from Dodgertown Reserve Account/Construction Account No. 30816275-066510-01002 in the amount of$567.365.71. The direct purchase of miscellaneous items by Indian River County Purchasing Division in the amount of$32,634.29 will also come from this account for a total of $600,000.00. RECOMMENDATION Staff recommends that the project be awarded to OAC Action Construction, Corp. in the amount of $567,365.71, with approval of Change Order No. 1, as the lowest and most responsive bidder and approve the direct purchase of miscellaneous items for$32,634.29. Staff also requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. 172 Page 3 Christopher J. Kafer Jr., P.E., County Engineer For October 22, 2013 BCC Meeting ATTACHMENTS 1. Sample Agreement 2. Change Order No. 1 DISTRIBUTION Indian River County Appro Date 1. Jennifer Hyde, Purchasing Manager Administration 2. OAC Action Construction, Corp. Budget 10 6 )3 3. Craig Callan, Verotown, LLC Legal Public Works r, C Engineering I APPROVED AGENDA ITEM Purchasing ` FOR October 22 2013 BY (W F:?Pontic Works\,NGINEERING DIVISION PROJECTS 1341-Historic Dodgeno%n(6a VB Spons Village)Room Renovatioui'Admin agenda it--BCC Agenda Award o(Bid 10-22- 2013.doc 173 • SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK................. ARTICLE 2-THE PROJECT......................................................... ARTICLE 3-ENGINEER........................... ARTICLE 4-CONTRACT TIMES....................... ARTICLE 5-CONTRACT PRICE...................... ARTICLE 6-PAYMENT PROCEDURES........,,, ARTICLE 7- INDEMNIFICATION............................................. ARTICLE 8-CONTRACTOR'S REPRESENTATIONS................................. ARTICLE 9-CONTRACT DOCUMENTS............................. ARTICLE 10-MISCELLANEOUS................. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-1 F:1Public WorkstENGINEERING DIVISION PROJECTS11341-Historic Dodgertown like VB Sports Village)Room Ren0valions)1Admintid documentslMester Contract Docs\Master Contract Documents100520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 174 SECTION 00942-Change Order Form No. 1 DATE OF ISSUANCE.- 10/22/2013 EFFECTIVE DATE:10/22/2013 OWNER: Indian River County CONTRACTOR OAC Action Construction Corn Project.- HISTORIC DODGERTOWN ROOM RENOVATIONS Project No. 1341 Bid No. 2014003 You are directed to make the following changes in the Contract Documents: Description: Remove renovations for Small Rooms 164, 165, 166, 167 and 168. Reason for Change Order.- To rder:To reduce contract Attachments.- (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Descri tion Original Contract Price $599,345-00 Original Contract Time: Time (days or dates) Net decrease of this ChaneFinal Com letion: 271 da s Order: g $31.979.29 rNdLthis Change Order: (days or dates) Contract Price with all etion: 19 da$567.365 71 ract Time with all approved (days or dates) approved Change Orders: ge Orders: Final Com letion: 252 days ACCEPT RECOMMENDED: FDate. : By: By.- CO y: CO CTOR(Si turTe) ENGINEER'(Signature) ( g ) nature) Date: �U lS Date: APPROVED AS TO FORM AND 7L4 AL SUF ICIF CrBY � WILLIAM K.DEBRAAI DEPUTY COUNTY ATTORNf 00942-Change Order No. 1 10-22-2013 1 10-22-2013 do F�WuG'ic WaMttENGINEERING DIVISION PROJEC TS11341-Mttonc Dodgenown(ita VB_1 c Rov.05101 Sports Village)Room Renovations)1Admmnlagonda Items100942 C-"e order No 183 CHANGE ORDER No. 1 10/22/2013 Description of Itemized Changes HISTORIC DODGERTOWN ROOM RENOVATIONS PROJECT NO.1341 / BID NO.2014003 Item No. Descri tion Unit QuantiaO.00 crease Price DecreasePRICEDECREASES 48 SMALL ROOM#164 RENOVATIONS EA 1 7,410.0049 SMALL ROOM#165 RENOVATIONS EA 1 7,410.0050 SMALL ROOM#166 RENOVATIONS EA 1 7,410.00 51 SMALL ROOM#167 RENOVATIONS EA 1 7,410.00 7,410.00 52 SMALL ROOM#168 RENOVATIONS EA 1 7,410.00 7,410.00 PRICE INCREASE 1000 FORCE ACCOUNT LS 1 5,070,71 5.070.71 HISTORIC DODGERTOWN ROOM RENOVATIONS SUBTOTAL 5,070.71 37,050.00 TOTAL 31 979.29 "P.0 Walm"NGINURNG DIVISION PRCJECTS11341-FOU_DuApp,lw,.,(1Aa V0 SMR,NAog.)Room Ranovanonoy,IWrtp.rtbpsnda Aema�Aor,pe Obo.No 1 ADMovo0 10-22 2013 00310.1 184 SECTION 00520 -Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project consists of renovating 66 rooms at the Dormitory Complex at Historic Dodgertown (fka Vero Beach Sports Village), the renovations include demolition of certain room facilities and installation of new facilities. Work includes electrical, plumbing, drywall, painting, flooring, cabinetry, counters, etc. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Historic Dodgetown Room Renovations County Project Number: 1341 Bid Number: 2014003 Project Address: 3901 26th Street, Vero Beach Florida 32960 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. M' 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 271" day I after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS11341-Historic Dodgenown(fka VB Sports Village)Room Renovabons)W,dmin\bid documentSWaster Contract Docs\Master Contract Documents\00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 175 B. This project includes renovation of 66 rooms. The rooms will be renovated in groups of five (5) at a time. Each group must be completed within nineteen (19) calendar days. (NOTE: One group of six (6) will be combined together that require less work. Time allotted for the six (6) rooms will be completed within nineteen (19) calendar days.) The intent is to have the first group of five (5) rooms begin on Monday and be completed in nineteen (19) calendar days (end Friday). Then the second group of five (5) rooms will begin on Monday and be completed in the next nineteen (19) calendar days (end Friday), etc. However, due to holidays and special events, the schedule may be modified, but in no case will the contractor be required to de-mobilize for longer than nineteen (19) calendar days at one time and not more than two occurrences. Additionally no rooms can be out of service from December 20, 2013 to December 30, 2013 and from February 20, 2014 to April 15, 2014. The tentative schedule is as follows: 1 s' Group 11/04/2013 to 11/22/2013 2"d Group 11/25/2013 to 12/17/2013 (includes 4 days not counted for 3'd Group 1/06/2014 to 1/24/2014 Thanksgiving day and weekend) 4th Group 1/27/2014 to 2/14/2014 5th Group 4/21/2014 to 5/09/2014 61h Group 5/12/2014 to 5/31/2014 (Saturday, due to Memorial Day) 7th Group 6/02/2014 to 6/20/2014 8th Group 6/23/2014 to 7/12/2014 (Saturday, due to Independence Day) 91h Group 7/14/2014 to 8/01/2014 10th Group 8/04/2014 to 8/22/2014 11th Group 8/25/2014 to 9/13/2014 (Saturday, due to Labor Day) 12th Group 9/15/2014 to 10/3/2014 13th Group 10/06/2014 to 10/24/2014 Please note, the schedule is tentative and may be adjusted as rooms are available for work (not rented). There are times during the slow season (normally April 16—August 1) that more than 5 rooms can be renovated at the same time. But, other than the blackout dates listed above, there will not be more than 2 additional occurrences, as shown above, where the contractor will be required to de-mobilize, unless the contractor is agreeable to additional changes. A Notice to Proceed will be issued for each group. On Day Sixteen (16) of the nineteen (19) calendar days, a walk-through will be conducted and a Certificate of Substantial Completion, along with a list of items to be completed or corrected will be issued. Said work to be completed within three (3) calendar days. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1341-Histonc Dodgertown(fka VB Sports Village)Room Renovations)\Admintbid documents\Master Contract Docs\Master Contract Documents\00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 176 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), • CONTRACTOR shall pay OWNER $396.00 per day for each room not completed after the time specified in paragraph 4.02 for Final Completion of each group, said damages continuing until Final Completion of the Work is obtained. . ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-4 F.\Public Works\ENGINEERING DIVISION PROJECTS11341-Historic Dodgenown(fka VB Sports Village)Room Renovabons)1Admin\bid documents'Master Contract Docs%Master Contract Documents100520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 177 progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(112) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification)of the General Conditions to the Construction Contract, ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations.- A. epresentations:A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-5 K\Publlc Works\ENGINEERING DIVISION PROJECT S\1341-Historic Dodgertown(tka V8 Sports Village)Room Renovations)\Admm\bid documents\Master Contract Docs\Master Contract Documents\00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc p 178 B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto • F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 through 00520-9, inclusive); 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-6 F:IPublic Works�ENGINEE RING DIVISION PROJECTSN341-Historic Dodgertown(fka VB Sports Village)Room Renovations)b4dmin%bid documenlsWaster Contract DocsWaster Contract Documents%00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 179 2. Notice to Proceed (page 00550-1) ® 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1) 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-44, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-10, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 10, inclusive, with each sheet bearing the following general title: Vero Beach Sports Village Room Renovations ; 10. Addenda (numbers to inclusive); 11. Appendices to this Agreement (enumerated as follows): 12. CONTRACTOR'S BID (pages 310-1 to 310-8, inclusive) 13. Bid Bond (page 00430 inclusive), Qualifications Questionnaire (page 00456-1 to 00456- 4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive) 15.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 16.Contractor's Final Certificate of the Work (page 00632— 1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1341-Historic Dodgertown(fka VB Sports Village)Room RenovaGons)\AdminWd documents\Master Contract DocslMaster Contract Documents\00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc p 1$0 that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the y intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the • United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] ;eta • 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-8 f a.Public Works1ENGINEERING DIVISION PROJECTSU 341-Historic Dodgertown(fka VB Sports Village)Room Renovations)1Admin',bid documentsWaster Contract DocsWaster Contract Documentst00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc 181 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_(the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr., P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) END OF SECTION 00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE 00520-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\1341-Histonc Dodgertown(tka VB Sports Village)Room Renovations)\Admintid documents\Master Contract Docs\Master Contract Documents\00520-Agreement(Public Works)REVISED 09-27-2013 per Addendum-SAMPLE.doc p 102 CONSENTITEM INDIAN RIVER COUNTY 1 MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: o ert M. Keating,AICP Community Development Dir ctor FROM: Roland M. DeBlois,AICP�� Chief, Environmental Planning DATE: October 15,2013 RE: Request for Board Approval of a Grant Award Agreement with the State Division of Historical Resources for Design and Permitting of Restoration of the Archie Smith Fish House It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 22,2013. DESCRIPTION AND CONDITIONS In 2007, the Board of County Commissioners purchased the historic Archie Smith Fish House under the County's environmental lands program. The subject waterfront property consists of approximately 1.15 acres located at 1740 North Indian River Drive within the northern city limits of Sebastian. Structures on the Archie Smith Fish House property consist of the main(principal)house, a boat dock and an ice house(on the dock).Those structures were substantially damaged in the 2004 hurricanes and are in disrepair. When the County acquired the property in 2007, plans were to rehabilitate the main house for use as a small museum, repair the dock and provide boat access, and restore the ice house. Since acquiring the property, the County has removed a dilapidated residence from a portion of the property west of Indian River Drive and has secured the remaining structures to prevent further deterioration. In 2012, county staff (with pro bono assistance from Architect John Dean) submitted an application to the State Division of Historical Resources (DHR) for a small-scale matching grant to develop detailed restoration plans and construction drawings for restoration of the fish house and associated structures. Recently, DHR notified county staff that the 2012 grant application was approved for state funding. Attached to this memorandum is a copy of the Historic Preservation Grant Award Agreement for the Board's approval consideration. i 185 ANALYSIS The grant agreement project entails the County hiring a historic preservation architect and engineer to develop detailed restoration plans, prepare construction drawings, submit permit applications, and produce bid documents for restoration of the Archie Smith Fish House and associated structures. The total project cost is estimated to be$99,000.00, with the County's 50%cost-share estimated at$49,500.00. The following table provides a breakdown of estimated costs by project elements: Archie Smith Fish House Restoration Desi n Project Project Elements Estimated Cost DHR Cost 50% County Cost 500/6 Structural Assessment $12,500 $12,500 $25,000 Mechanical Engineering $3,500 $3,500 $7,000 Architectural Restoration Plans $22,500 $22,500 $45,000 Permit Applications and Bid Documents $11,000 $11,000 $22,000 TOTAL 1 $49,500 1 $49,500 $99,000 The Grant Award Agreement is for a one year period effective July 1, 2013, with a requirement that all grant funds and match be expended and all project work shall be completed by June 30, 2014, with an opportunity for a one-time 30-day extension. Funding Since the proposed improvements qualify as "initial improvements" to structures on the conservation property, county environmental land bond funds can be used as the County's funding source for the grant match. As of August 31, 2013, the cash balance of the environmental land bond fund account was $254,708.62,an amount which amply covers the estimated$49,500 match needed for this project. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Grant Award Agreement and authorize the County Administrator to sign the Agreement on behalf of the County. ATTACHMENTS: 1. County grant summary form. 2. Grant Award Agreement. APPROVED: I.R.county app ed Date Admin. FOR: October 22,2013 Legal 1 t � Sud et t De t. BY: Risk Mgr. 2 FACommunity Development\Users\ROLAND\LAAC\Archie Smith Fish House\Archic Smith FH 2014 Hist Grant App\DHR brant agree BCC Res staff rpt for 10-22-13.doc 186 GRANT NAME: Archie Smith Fish House Restoration Design—DHR GRANT# S1429 AMOUNT OF GRANT: $49,500 DEPARTMENT RECEIVING GRANT: Community Development/Environmental Planning CONTACT PERSON: Roland M.DeBlois TELEPHONE: (772)226-1258 1. How long is the grant for?One year Starting Date: July 1,2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? __X_Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 50 % 5. Grant match amount required S49,500 6. Where are the matching funds coming from(i.e. In-Kind Services;Reserve for Contingency)? $49,500—County Environmental Land Bond Fund 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security [012.14 12.12 Retirement—Contributions 12.13 Insurance—Life&Health Worker's Compensation 12.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital, start-up,auto expense,travel and operating?N/A Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $49,5000 Grant Amount Other Match Costs Not Covered Match Total First Year $49,500 $ $49,500 $99,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ j $ Signature of Preparer: Date: 10/15/13 187 Page 1 of 23 Historic Preservation Grant Award Agreement ® Development Projects(Matching) Reimbursement 51429 This AGREEMENT is between the State of Florida,Department of State,Division of Historical Resources, hereinafter referred to as the Department,and the Indian River County.,hereinafter referred to as the Grantee, relative to the Archie Smith Fish House Restoration,hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes.The Grantee has applied for grant-in-aid assistance for the Project.The application,incorporated by reference,has been reviewed and approved in accordance with Chapter 1A-39 Florida Administrative Code,which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3116,contained in the 2013—2014 General Appropriations Act,SB-1500.Laws of Florida,the Department enters into this Agreement with the Grantee under grant number S 1429,for the purposes as described in Section 1.Subject to the limitations set forth in this Agreement,grant-in-aid funds in the amount of $49,500(forty- nine thousand,five hundred dollars)have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following Approved Scope of Work: Work will be for the development of detailed restoration plans and construction drawings for the Archie Smith Fish House.A historic preservation architect and engineer shall be hired for the following services: A.Conduct facilities analysis and structural evaluation B.Research and document history of structure • C.Develop as-built drawings D. Develop detailed restoration plans E.Develop detailed construction drawings and bid specifications F.Prepare permit applications and obtain necessary approvals G.All contracted services shall be procured from a qualified contractor and all proposals and contracts for consultant services shall be submitted by the Grantee to the Division for review and approval,prior to the execution of the contract. H.Progress and Expenditure Reports will be submitted to the Division;the Final Progress and Expenditure Report is due no later than July 31,2014. IL Approved Project Budget. A. In carrying out individual work items within the Approved Scope of Work,expenditures of grant funds and contributions of match resources shall be consistent with the following Approved Project Budget:. Item Work Item Description Grant Match Match Total Work Amount Amount Type Item Cost 1 Structural Assessment $12,500 $12,500 Cash $25,000 2 Mechanical Engineering $3,500 $3,500 Cash $7,000 3 Architectural Restoration Plans $22,500 $22,500 Cash $45,000 4 Permit Applications and Bid $11,000 $11,000 Cash $22,000 Total $49,500 $49,500 $99,000 DOS Form No.HR3E1208GAASM Reference:Rule 1A-39.009(1)(b).FAC 188 Page 2 of 23 B. Should grant expenditures exceed the budgeted grant amount for any work item by more than 20%,the Grantee shall be required to submit a proposal for revision of the Approved Project Budget with a written r explanation for the reason(s)for deviation(s)from the original Approved Project Budget to the Department for review and written approval. R { III. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING SMALL MATCHING GRANTS AND THE ADMINISTRATIVE 6 INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY as outlined in Section IV and V; Chapter 1A-39,Florida Administrative Code;and the following specific conditions: A. This grant becomes effective on July 1,2013 and ends on June 30,2014.This agreement must be signed by the grantee and received in Department offices by November 15,2013,to avoid forfeiture of award. Project initiation(encumbrance of funds),as evidenced by grantee execution of a binding contract for all or part of the Approved Scope of Work in Section I above,shall occur by December 31, 2013,except as allowed in C. and D. below. All grant funds and match shall be expended and all project work shall be ` completed by June 30,2014,except as allowed in E.below. B. The Grantee agrees to submit the Final Products and the"Final Project Progress&Expenditure Report" incorporated herein by reference and available online at www.flherita e.com/ rg ants,as specified in Section Vl,Subparagraph B.2.,by July 31,2014. No costs incurred prior to July 1,2013 are eligible for payment from grant funds. No costs incurred after June 30,2014 are eligible for payment,except as allowed in E.below. C. Encumbrance Deadline Extension: A one-time thirty(30)day extension of the encumbrance deadline may be granted by the Department if requested in writing by the Grantee. To be eligible for this extension,the Grantee must demonstrate to the satisfaction of the Department that encumbrance of grant funding and the required match by binding contract(s)is achievable by January 31,2014. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than November 30,2013. No further extension of the encumbrance period shall be granted. Small Matching Grant projects for which full encumbrance of grant funding is not accomplished by the extended encumbrance end date will be terminated by the Department and all grant funds not expended by the Grantee in accordance with the provisions of the Historic Preservation Grant Award Agreement by the extended encumbrance period end date will be reallocated in accordance with Subsection]A- 39.008(16),Florida Administrative Code. D. Encumbrance Deadline Exception: For projects not involving contract services(e.g.,archaeological or other research projects conducted by universities,projects conducted by staff within State Parks,or small development projects involving repairs undertaken by volunteers),the grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. E. Grant Period Extension:A one-time thirty(30)day extension of the Grant Period may be granted by the Department if requested in writing by the Grantee. To be eligible for this extension,the Grantee must demonstrate to the satisfaction of the Department that project work is progressing at a rate that completion is achievable within the extended grant period.The Grantee's written request for extension must be submitted to the Department no later than thirty(30)days prior to the termination date of this Historic Preservation Grant Award Agreement.No further extension of the grant period shall be granted. F. The Department shall not assume any liability for the acts,omissions to act or negligence of the Grantee, its agents,servants or employees;nor shall the Grantee exclude liability for its own acts,omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee,its agents,servants or employees. G. The Grantee,other than a grantee which is the State or agency or subdivision of the State,agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages,including attorney fees and court costs,resulting from personal injury,including death or damage to property,arising out of any activities performed under this Agreement,omissions to act or • DOS Form No.HR3E I 208GAASM Reference:Rule/A-39.009(l)(b),FAC 189 Page 3 of 23 negligence of the Grantee,its agents,servants,or employees and shall investigate all claims at its own expense. H. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: Name: Roland M. DeBlois, AICP Title: IRC Chief of Environmental Planning Mailing Address: 1801 27th Street, Admin. Bld. A City: Vero Beach, FL Zip Code: 32960 Daytime Telephone: 772-226-1258 FAX: 772-978-1806 E-mail: rdeblois®ircgov.com 1. The Project Schedule shall include but not be limited to the estimated milestone dates of the following date of architect selection,date of execution for architectural and engineering services agreement,date of completion of construction documents,bid date,contractor selection date,date of notice to proceed for construction,and date of substantial completion. It shall be the responsibility of the Grantee to provide Department grants staff with timely update of the Project Schedule if adjustment becomes necessary. Changes to the Project Schedule will require review and approval by the Department.Payment may be requested upon completion of activities as outlined in the Project Schedule and in accordance with approved project budget as outlined in 11.A. 1. Project Schedule;Deliverables and Timeline: First Payment July 1,2013 to October 30,2013 a. Grantee will sign and execute the Grant Award Agreement b. Grantee will draft and finalize Requests for Proposals and select a project architect and (W engineer Second Payment November 1,2013 to January 31,2014 a. Grantee will execute all contracts pending prior approval from DHR b. Grantee will send a news release to local print and electronic media identifying the project's specifics as required in IV.A.1 below c. Consultant will conduct a facility analysis and structural evaluation,and research and document the history of the structures.The Consultant will provide an analysis and history report to the County,to be review and submitted for approval from DHR Third Payment February 1,2014 to March 31,2014 a. Consultant will develop detailed construction drawings and bid specifications,to be submitted to DHR for review and approval Fourth Payment April 1,2013 to June 30,2014 a. Consultant will obtain permit approvals for restoration b. Grantee will submit a press release to local print and electronic media upon completion of the project 2.Any proposed modification to the Project Schedule requires review and approval by the Department. J. The Grantee shall be solely responsible for all work performed and all expensesincurred in connection with the Project.The Grantee may subcontract as necessary to perform the services set forth in this Agreement,including entering into subcontracts with vendors for services and commodities,provided that such subcontract has been approved in writing by the Department prior to its execution,as specified in Section V,Subparagraph A.3;and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and it DOS Form No.HR3E 1208GAASM Reference:Rule IA-39.009(1)(6),FAC 190 i f i Page 4 of 23 r that the Grantee shalt be solely liable to the subcontractor for all expenses and liabilities incurred under 4 ® the subcontract. K. The Grantee shall submit architectural planning documents to the Department for review and approval on the schedule indicated in Subsection VI.C.Construction documents(plans and specifications)for the project shall be approved in writing by the Department prior to the execution of any contract for construction work. L. Projects involving ground disturbance(examples include:historic building or structure relocation, grading and site work,installation of sewer and water lines,subgrade foundation repairs or damp proofing,construction requiring construction of new foundations,installation of landscape materials),the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: 1. The architect or engineer shall ensure the following: (a) Ground disturbance around historic buildings or elsewhere on the site shall be minimized,thus reducing the possibility of damage to or destruction of significant archaeological resources. (b) If an archaeological investigation of the Project site has not been completed,the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of Project ground disturbing activities on significant archaeological resources. (c) Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. (d) When preservation of significant archaeological resources in place is not feasible,a mitigation plan shall be developed in consultation with and approved by the Department's Compliance ® Review Section(contact information available online at www.flheritage.com). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors'Professional Qualification Standards for Archeology(available online at www.ni2s.p,ov/history/local-law/arch studs 9.htm . (e) Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, available online at ww�v nps eov/history/local-law/arch stnds 7.htm,and the reporting standards of the Compliance Review Section set forth in Chapter IA-46,Florida Administrative Code. 2. With prior written approval from the Department,archaeological consulting services costs required to identify and evaluate archaeological resources in areas of ground disturbance,and required to carry out the provisions of an approved mitigation plan,will be eligible for grant expenditure or contribution to the required match. M. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. N. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives,requirements,and limitations of the Project in relation to the State Historic Preservation Program. O. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's prior written approval. Upon obtaining the Department's written • approval,the Grantee shall be authorized to incur travel expenses for airfare,vehicle rental,mileage and DOS Form No.HR3E 1208GAASM Reference:Rule IA-39.009(1)(b),FAC 191 Page 5 of 23 lodging to be reimbursed in accordance with Section 112.061,Florida Statutes. Per diem for meals is not ® an allowable grant expenditure or contribution to the required match. P. The Grantee recognizes that the State of Florida,pursuant to Section 212.08(6),Florida Statutes,is not required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement. Q. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn,this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall,the total grant shall be reduced in proportion to the revenue shortfall. R. All project work must be in compliance with the Secretary of the Interior's Standards available online at www.ni)s.pov/history/standards.htm. S. The Department shall not be liable to pay attorney fees,interest,late charges and service fees,or cost of collection related to the grant. T. The products of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information,it shall be appropriately credited to the originator. IV.General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267,Florida Statutes;the National Historic Preservation Act of 1966,as amended;other applicable State and Federal laws,rules and regulations;the general conditions listed below;and special conditions attached to the Agreement. Applicability These conditions are applicable to the Grantee and to any consultants,contractors,or employees to which grant-in- aid funds are paid(including but not limited to architects,engineers,archaeologists,historians,contractors, construction managers,suppliers,vendors,etc.).Failure by the Grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general,the Grantee shall meet the following requirements regarding publicity of the project: a. At the outset of the project,a news release shall be sent by the Grantee to local print and electronic media identifying the project's specifics including the source(s)of grant funds,name of the project, nature of the project,and its benefits to the community.A copy of the news release(s)shall be submitted to the Department. b. Upon completion of the project,the Grantee shall issue another news release to local print and electronic media. C. There shall be an effort on the part of the Grantee to encourage publication of one or more feature stories on the Grantee's project by a newspaper,magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles or a written statement identifying the date and network of any television broadcast(s).In the event that such efforts are unsuccessful,the Grantee shall provide the Department with copies of correspondence with newspapers,magazines or television stations indicating the Grantee has requested such a feature story,or written certification from the Grantee to the Department that such an effort was made. • DOS Form No.HR3E1208GAASM Reference:Rule IA-39.009(1)(6),FAC 192 Page 6 of 23 d. During the course of the project,the grantee is encouraged to inform elected officials,including • state officials,mayors,and city and county commissions,by letter of the nature and benefits of the project. e. In the case of rehabilitation or restoration projects,the Grantee should also make an effort,where appropriate in the judgment of the Grantee,to publicize the project and the source of grant assistance(at any stage of the project)to the community through a dedication or other public ceremony of some nature. f. State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance,substantially as follows(reference: Section 286.25, Florida Statutes): This project(publication)has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation,Division of Historical Resources, Florida Department of State,assisted by the Florida Historical Commission. 2. Amendments to the Historic Preservation Grant Award Agreement. All amendments to the Historic Preservation Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department,either at its own initiative or upon approval of the written request of the Grantee. 3. Changes in Approved Scope of Work. The Grantee may not,without formal amendment of the Historic Preservation Grant Award Agreement,make changes in the scope of the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I.of the Historic Preservation Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty,questions should be referred to the Department for final determination. 4. Project Supervision. The Grantee will assure that competent and adequate professional supervision and inspection are provided and ensure that the completed work conforms to the approved standards and ® specifications. 5. Conflict of Interest. The Grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct.In addition,no grantee official,employee,or consultant who is authorized in his or her official capacity to negotiate,make,accept,approve,or take part in decisions regarding a contract,subcontract,or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract,subcontract or other agreement in which he or she has any financial or other interest,or in which his or her spouse,child,parent or partner,or any organization in which he or she is serving as an officer,director,trustee,partner,or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict.Furthermore,the spouse,child,parent,or partner of an officer,director,trustee,partner,or employee of the grantee shall not receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said grant funds. 6. Dual Compensation. If a Grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds,and compensation on either project is based upon percentage of time spent,he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 7. Contingent Fees. No person,agency,or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission,percentage,brokerage,or contingent fee. For breach or violation of this prohibition,the Department shall have the right to annul the grant without liability or,at its discretion,to deduct from the grant or otherwise recover the full amount of such commission,percentage brokerage or contingent fee,or to seek such other remedies as may be legally available. 8. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions ® for Historic Preservation Project Accountability contained in Section V. In no case will consultant fees DOS Form No.HR3E1208GAASM Reference:Rule M-39.009(1)(b),FAC 193 Page 7 of 23 over and above regular salary be paid to employees of the Grantee organization or of professional firms or organizations whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures,attending program functions,or any other activities in connection with the project. 9. Civil Rights Compliance. The Grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973,and the Age Discrimination Act of 1975,as amended. Title VI of the Civil Rights Act of 1964 states that no person will,on the grounds of race,color,religion,sex or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act oj'1973 requires that no qualified disabled individual is solely,by reason of disability,excluded from participation in,denied the benefits of,or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance.Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 10. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer(I)will not discriminate against any employee or applicant for employment because of race,color,religion,sex,age,or national origin,and(2)will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to race, color,religion,sex,age,or national origin. In addition,no qualified person shall,on the basis of disability,be subject to discrimination in employment in the grant assisted project. These requirements apply to,but are not limited to,the following:employment,promotion,demotion or transfer;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders,including enforcement provisions. • 11. Religious Institutions. If the project involves a place of worship or faith-based organization or property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 12. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes,sponsoring or conduction of candidate's meeting(s),engaging in voter registration or voter transportation activity,or other partisan political activities. 13. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et.seq.,as amended,with its stated exceptions. 14. Lobbying Activity. No part of the project funds shall be used,either directly or indirectly,to pay for any personal service,advertisement,telegram,telephone,letter,printed or written matter,or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature,to favor or oppose,by vote or otherwise,any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation,as proscribed in 18 USC 1913. 15. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness,or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local,State or Federal safety standards,including those issued pursuant to the National Occupational Safety and Health Act of 1970(see 20 CFR 1910). 16. Reports,Records,and Inspections, The Grantee will submit financial,project progress,evaluation,and other reports as required by the Department and will maintain such property,personnel,financial,and • other records and accounts as are deemed necessary by the Department to assure proper accounting for all DOS Form No.HR3E1208GAASM Reference:Rule 1A-39.009(1)(b),FAC 194 Page 8 of 23 program funds. The Grantee,its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to famish such information as,in the judgment of the Department representatives,may be relevant to a question on compliance with grant conditions and the effectiveness,legality,and achievements of the program. 17. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives,shall have access for the purpose of financial or programmatic audit and examination to any books,documents,papers,and records of the Grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project,or until all claims or audit findings have been resolved. 18. Disclosure of Information. The Historic Preservation Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents, papers, letters or other material relating to the project,in accordance with the provisions of Chapter 119, Florida Statutes,and with the Freedom of Information Act, S USC 552 as amended by Public Law No. 104-231, 110 Stat. 3048. 19. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance,modification of land use patterns,new construction,or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment,including but not limited to the National Environmental Policy Act of 1969,as amended,42 USC 4321 et.seg.,establishing national policy goals and objectives for protecting and enhancing the environment. 21. Energy Conservation. The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment,materials,construction methods,and operating procedures available in the accomplishment of project work. 22. Convict Labor. The Grantee or its contractors may utilize the labor of State prisoners in authorized work release,parole or probation programs in the accomplishment of work. In accordance with Executive ® Order//755,as amended no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work.Convict labor shall be recorded in the Project Progress& Expenditure Report and shall be supported by a signed statement from the supervising individual, attesting to the number of laborers and the number of donated hours. 23. Minority Businesses. The Grantee shall encourage greater economic opportunity for minority business enterprises,as defined in Section 288.703,Florida Statutes,in accomplishment of project work. To the maximum extent possible,the Grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies,equipment,construction,and services. Affinmative steps shall include but not necessarily be limited to the following: a. Inclusion of qualified minority businesses on solicitation lists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; C. The division of total requirements,when economically feasible,into small tasks;or quantities to permit maximum participation of minority businesses; d. The establishment of reasonable delivery schedules when feasible,so as to encourage participation by minority businesses;and e. Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S.Department of Commerce. B The following special conditions apply to grant assisted projects involving the acquisition,preservation, protection,restoration,rehabilitation,stabilization,or construction of a site,building,structure,or object. 1. Accessibility for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act,Public Law 101-336;Section 25.2 1,Florida ® Statutes;and Part 11, Chapter 553,Florida Statutes regarding accessibility for the disabled. DOS Form No.HR3E1208GAASM Reference:Rule IA-39.009(1)(b),FAC 195 Page 9 of 23 Specifications for project work must conform to the Specifications for Making Buildings and Facilities ® Accessible to,and Usable by,the Physically Handicapped published by the American National Standards Institute and the Secretary of the Interior's Standards for Rehabilitation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work,a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight(8)square feet in size(usually 2x4 feet),be constructed of plywood or other durable material,and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in part with Historic Preservation Grant assistance provided by the Bureau of Historic Preservation,Division of Historical Resources,Florida Department of State,assisted by the Florida Historical Commission. The costs of preparation and erection of the project identification sign are allowable project costs;routine maintenance costs of signs are not allowable.A photograph of the project identification sign at the project site shall be submitted to the Department. V.Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of five(5)years following completion of the project,or until such time as any litigation,claims,or audit questions arising from examination or audit initiated prior to expiration of the five year period are finally resolved. All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119,Florida Statutes, and the Freedom of Information Act, S USC 552 as amended by Public Law 104-231, 110 Stat.3048. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds,and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate,incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include,but are not limited to: 1. Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable,are paid for using grant assistance provided by the Department,and cash value or in- kind contributions to the required match. Department grant assistance is authorized for payment of 50% of allowable project costs,within the dollar limits of the grant,as specified in the Historic Preservation Grant Award Agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance,the award of the grant,the Historic Preservation Grant Award Agreement,and the receipt and deposition of grant funds. 2. Match. Match may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project. Match may be derived from any other sources available to the grantee,with the following exceptions:(a)Funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida. (This restriction does not apply to Community Development Block Grants,Urban Development Action Grants,or Revenue Sharing Funds).(b)State funds from grants awarded by any division within the Department cannot be used to match grant assistance from funds appropriated by the Florida Legislature. a. Grantee financial records shall clearly identify the source,amount,and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. DOS Form No.HR3E I 208GAASM Reference:Rule IA-39.009(1)(b),FAC 196 Page 10 of 23 b. Donated services shall be valued at the Federal minimum wage rate,unless the services donated are • those normally provided by the donor in his or her profession or trade,in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. C. Donated materials shall be valued at the donor's cost or the fair market value at the time of donation, whichever is less. 3. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project. Every effort must be made to use small business firms,minority owned firms,women's business enterprises,and labor surplus areas. a. Instructions for Procurement of Goods and Services for Smaller Projects(Including Professional Services and Construction)for Individual Purchases or Contract Amounts not exceeding$20,000.For individual purchases or contract amounts not exceeding$20,000,the Grantee must use the applicable procurement method described below: (1) Small Purchase Procedures I (Purchases Up to$2,500).Procurement of goods and services where individual purchases do not exceed$2,500 do not require competition and may be conducted at the Grantee's discretion. (2) Small Purchase Procedures If(Purchases or Contract Amounts Between$2,500 and $20,000). Goods and services costing between$2,500 and$20,000 require informal competition and may be procured by purchase order,acceptance of vendor proposals,or other appropriate procurement document,provided that the Grantee: (a) Receive written or documented verbal quotes or proposals from two(2)or more competitors; O (b) Develop and implement a process for evaluating proposals and document application of that process for selection(e.g., for construction work,your selection may be based on the lowest responsible proposal amount,while for professional services,selection should be based on task-specific criteria and committee review and ranking of proposals). (c) Provide prospective vendors with a basic description of the goods and services required; and (d) Secure written approval from the Department prior to acceptance of proposal or execution of contract. b. Instructions for Procurement of Goods and Services(Including Architectural,Engineering and other Consultant Services)for Contracts Exceeding$20,000). For individual contract amounts exceeding$20,000,the Grantee must use the applicable procurement method described below: (1) Competitive Selection($20,000-$35,000). Goods and services greater than$20,000 but less than$35,000 must be procured in the following manner: (a) For procurement of professional services,solicit written qualifications submissions from two(2)or more competitors; (i) Identify all significant evaluation factors and their relative importance in the request for qualifications. (ii) Indicate in solicitation that public funds are involved. (iii) Develop and distribute detailed project specifications with the solicitation. ® (iv) Establish a review committee to evaluate and rank qualification submissions; DOS Form No.I R3E1208GAASM Reference:Rule IA-39.009(1)(6),FAC 197 Page I 1 of 23 (v) Select the most qualified competitor based on the established evaluation criteria (Option:Conduct an initial ranking to"short list"competitors and interview the top three for final ranking); (vi) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor,proceed to the next ranked competitor. (b) For procurement of goods and services other than professional services,solicit written quotes from two(2)or more competitors; (i) Indicate in solicitation that public funds are involved. (ii) Develop and distribute detailed project specifications with the solicitation. (iii) Select the responsible and responsive vendor that submits the lowest responsive bid. (iv) Draft contract which incorporates the vendor's proposal and the detailed project specifications referenced in ii,above. (c) Secure written approval from the Department prior to execution of contract. C. Competitive Negotiation($35,000 and up)for Architectural,Engineering,Landscape Architecture,Surveying and Mapping Services Only. Architectural,engineering,landscape architecture,surveying and mapping services in excess of$35,000 must be procured in the following manner. For procurement of all other types of goods and services in excess of$35,000, see d.and e,below. (1) Advertise with a Request for Qualifications(RFQ)to secure qualification submittals for professional services from two or more competitors; (a) Publicize the request through notices in local newspapers of general circulation or trade 0 journals, in addition to individual solicitations. (b) Identify all significant evaluation factors and their relative importance in the request for qualifications. (c) Indicate in RFQ that public funds are involved. (2) Establish a review committee to evaluate and rank qualification proposals; (3) Conduct an initial ranking based on the established evaluation criteria to"Short list" competitors and interviews the top three for final ranking; (4) Post ranking and intent to enter into contract with the top ranked competitor for 72 hours before initiating contract negotiations. (5) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor,proceed to the next ranked competitor; (6) Secure written approval from the Department prior to execution of contract. Please Note: Departments or agencies of the state and units of county,municipal or other local government must always procure professional architectural,engineering,landscape architectural,or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act",Section 287.055, Florida Statutes. d. Instructions for Procurement Using Competitive Sealed Bids(Procurement of Commodities and Services Exceeding$35,000). Except as noted in 3.a.and 3.b.above,and 3.e.below,contracts for procurement of commodities and services(exclusive of architectural,engineering,landscape architecture,surveying and mapping services)shall be undertaken on the basis of sealed bids. DOS Form No. HR3EI208GAASM Reference:Rule 1A-39.009(1)(6),FAC 198 4 Page 12 of 23 ® (1) Sealed bids shall be solicited through formal advertisement in a newspaper of local or area circulation including: (a) A statement of the contractual services required,and notice of the time and place of public bid opening; (b) Instructions on how to obtain detailed bid documents or procurement specifications (which must include all contractual terms and conditions applicable to the procurement); and (c) A statement that public funds are involved. (2) Select the responsible and responsive vendor that submits the lowest responsive bid. (3) Post ranking and intent to enter into contract with the selected vendor for 72 hours before formalizing selection. (4) Draft contract which incorporates the vendor's offer and the detailed project specifications referenced in(2)above. (5) Secure written approval from the Department prior to execution of contract. e. Instructions for Procurement Using Competitive Sealed Proposals(Procurement of Goods and Services Exceeding$35,000). This process shall be used for procuring consultant services other than architectural,engineering,landscape architecture,surveying and mapping(see 3.c.above) exceeding$35,000. (1) The request for proposals must include a statement of the contractual services required;the time and date for the receipt of proposals and of the public opening; (2) All contractual terms and conditions applicable to the procurement shall be included in the request for proposals,including the proposal evaluation criteria,which shall include,but need not be limited to,price,to be used in determining acceptability of the proposal.The relative importance of price and other evaluation criteria shall be indicated. (3) Post ranking and intent to enter into contract with the selected vendor for 72 hours before formalizing selection. (4) A contract will be awarded to the responsible and responsive vendor whose proposal is determined to be the most advantageous to the Grantee,taking into consideration the price and the other criteria set forth in the request for proposals.The contract file shall contain documentation supporting the basis on which the award is made. (5) Secure written approval from the Department prior to execution of contract. f Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require,as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include,but not be limited to: (1) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits;and (3) Evidence of any previous experience in projects of a similar nature,especially projects requiring compliance with the standards cited in Section III. Paragraph T.of the Historic ® Preservation Grant Award Agreement. DOS Form No.HR3E1208GAASM Reference:Rule IA-39.009(1)(6), FAC 199 Page 13 of 23 g. Contract Provisions. In addition to provisions defining a sound and complete procurement ® contract,the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project(also refer to Section VII. Paragraph A.of the Agreement): (1) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition,such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts(except those awarded by small purchases procedures)awarded by grantees shall include a provision to the effect that the Grantee,the Department,or any of their duly authorized representatives shall have access to any books,documents,papers,and records of the contractor which are directly pertinent to that specific contract,for the purpose of making audit,examination,excerpts,and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. h. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed-fee or cost reimbursable basis. ® (2) Procurement by the competitive sealed bid method shall be priced on a firm-fixed-fee basis. (3) Contracts for goods and services based on cost-plus-percentage-of-cost or percentage-of- construction-cost contracts are not allowable for grant-assisted work. i. Procurement Documentation to be Submitted to the Department. The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: (1) Copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications,if required-to be submitted upon distribution or publication; (2) A summary of proposals or bids received and the basis for professional,consultant or contractor selection-to be submitted upon completion of the selection process;and (3) A copy of the contract-to be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval and execution. B. Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress&Expenditure Report(incorporated herein by reference and available online at http://www.flherita eg com/ rag nW)to the Department at the end of each quarter within the grant period except for the final quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report. Project Progress and Expenditure Reports must be submitted quarterly for the duration of the project,or whether funds have been expended. Expenditures shall be incompliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures,which are incorporated by reference and are available online at http://www.myfloridacfo.con/aadir/reference_guide/. DOS Form No.HR3E I 208GAASM Reference:Rule M-39.009(I)(b),FAC 200 Page 14 of 23 ® 2. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Agreement. The Department will review each Project Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a. Allowable Project Costs. Allowable project costs shall include: (1) Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Agreement; (2) Costs incurred by properly documented small purchase procedures; (3) Costs incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section 1.of the Agreement: (a) Accounting:the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the Florida Single Audit Act(see Section VII. of the Agreement and Attachment A hereto). (c) Communications: specific charges for telephone,telegraph,or other communications services; (d) Employee salaries and benefits(only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); ® (e) Materials and supplies; (f) Procurement services: the cost of advertising,solicitation,processing,and administration of procurement contracts; (g) Reproduction: the cost of limited reproduction of reports, fbrms,and project documents; and (h) Travel: Travel costs will be allowed only if requested and approved during the application review process and if included in the Approved Scope of Work. If travel is approved,the Grantee shall be authorized to incur travel expenses for airfare,vehicle rental,mileage and lodging to be reimbursed in accordance with Section 112.061,Florida Statutes. Per diem or other reimbursement for meals is not an allowable grant expenditure. (4) The properly documented value of donated services and materials(see Subparagraph 3.(c) below). (5) The properly documented value of volunteer services directly relating to the accomplishment of the Project(volunteer work must be for one or more items included in the Approved Scope of Work-see Subparagraph 3.a.below), b. Non-allowable Project Costs.Costs not allowable as grant-assisted work or match contribution shall include: (1) Expenditures for work not included in the Approved Scope of Work included in the Agreement; (2) Costs of goods and services not procured in accordance with required procurement procedures; DOS Form No.HR3E1208GAASM Reference:Rule 1A-39.009(1)(b),FAC 201 Page 15 of 23 i (3) Expenses incurred or obligated prior to or after the grant period(exception:emergency repairs ® as approved by the Division consistent with subsection 1 A-39.009(3)of rule 1A-39,F.A.C.); (4) Expenditures for work not consistent with the applicable preservation standards(see Section 11, Paragraph T); (5) Expenditures for Furniture and Equipment unless specifically authorized as a part of a grant project and included in the Approved Scope of Work; (6) Expenses associated with lobbying or attempting to influence federal,state,or local legislation, the judicial branch,or any state agency; (7) Private entertainment,food,beverages,plaques,awards,or gifts; (8) Costs or value of donations or in-kind contributions not documented in accordance with the provisions of the Historic Preservation Grant Award Agreement; (9) Project Administrative Expenditures,which exceed 10%of the grant award amount; (10) Costs for projects having as their primary purpose the fulfillment of federal or state historic preservation regulatory requirements,specifically,costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966,as amended through 2000,or under section 267.031,Florida Statutes; (11) Projects which are restricted to private or exclusive participation,which shall include restricting access on the basis of sex,race,color,religion,national origin,disability,age, handicap,or marital status; II (12) Grantee operational support(i.e.,organization salaries,travel,supplies) travel costs may be allowed if requested and approved during the pplicatilont review procceessfic and if included in the Approved Scope of Work); (13) Vehicular circulation and parking(Exception:provision of code-required handicapped parking pad and walkway); (14) Sidewalks, landscape features,planting,irrigation systems and sitelighting(Ex sidewalk n: sidewalk required to link code-required handicapped parking pad to the accessible entry, planting required to halt erosion,and limited site lighting required for security,if included in the Approved Scope of Work), (15) Capital improvements to non-historic properties; (16) Capital improvements to the interior of religious properties(Exception:repairs to primary elements of the structural system.Examples include:foundation repairs,repairs to columns, load bearing wall framing,roof framing,masonry repairs,and window and exterior door repairs); (17) Code-required accessibility improvements for religious properties; (18) Insurance costs(Exception:costs for builder's risk,workers compensation and contractor's liability insurance); (19) Purchase of equipment(other than equipment incorporated as capital improvements into a historic building during restoration or rehabilitation,and equipment required for a museum said equipment is included in the Approved Scope of Work for the Project as an eligible gexhibit). If special equipment is required only for the grant period to complete the Project and expense,it shall be rented for the grant term;and rant (W (20)Grantee shall comply with Section 216.348,Florida Statutes,as applicable to the project. DOS Form No.HR3E1208GAASM Reference:Rule 1A-39.009(1)(b),FAC 202 Page 16 of 23 3. Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports,which contain the following information: (1) Check number;or if a cash payment,a copy of theaid receipt must P p be submitted; (2) Check date or date of cash expenditure;expenditures overlapping the grant period must be prorated; 'i (3) The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; (5) The Approved Scope of Work category to which the goods or services contribute(see Section 1.);and (6) The purpose of each expenditure;stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b. The Grantee shall provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report. (1) Copies of contractors'invoices itemizing the materials delivered,services rendered,work items completed,and the following forms of proof of payment by the Grantee: ® (a) Copies of signed and dated receipts from the contractors/suppliers showing the date payments were received and the amounts received;and (b) Copies of the front and back of the canceled checks;or (c) Exception:In cases when receipts and cancel checks cannot be provided,alternative documentation of proof of payment shall be provided as determined acceptable by the Department. Examples include:purchase orders,vendor logs,payment ledgers,etc. (d) Exception:Invoices for all expenditures must be included in the Final Project Progress and Expenditure Report but proof of payment shall not be required for request of the 10% retainage amount. Such proof of payment must be submitted to the Division within 30 (thirty)days after the date of issuance of the state warrant for the final grant payment. (2) For authorized employee salaries(see V. B.2.a.(3)(d)above),the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 4. Documentation of Donated Materials and Services.The value of donated materials and volunteer services is not eligible for reimbursement by grant funds,but is allowable in determining the Grantee's match. a. For donated materials and services,the documentation indicated below is required. DOS Form No.HR3 E I 208GAASM Reference:Rule IA-39.0090)(b),FAC 203 Page 17 of 23 (1) Identification of each individual donating services or materials; (2) Description of the work accomplished or type and amount of material donated; (3) Approved Scope of Work category to which the services contribute(see Section I); (4) The number of hours worked by each volunteer during the reporting period; (5) Basis for hourly value of work for each volunteer: (a) State of Florida Minimum Wage at the time of donation for stale-funded grant projects; or (b) Federal Minimum Wage at the time of donation for federally-/ended grant projects;or (c) If the services donated are those normally provided by the donor in his or her profession or trade,they may be valued at rates consistent with those paid for similar work in the local labor market area. Attach a signed statement from the individual listing his/her qualifications to justify the higher donated value rate. (6) Volunteer services documentation for groups of volunteers or for documentation of multiple volunteer work sessions may be entered into a volunteer log containing the above information. Ensure that each work entry is signed by each volunteer. The Project Manager must sign all such documentation to confirm its accuracy. (7) The total value of the volunteer services for the reporting period. (8) For donated materials,the donor must document their fair market value in a written signed • statement,which is also signed by the designated Project Manager. 5. Additional Documentation to be Included in Project Progress and Expenditure Reports. In addition to the documentation indicated in B.3.and B.4.above,each quarterly Project Progress and Expenditure Report shall include: a. A brief description of work accomplished in the previous three months; b. A description of any unusual problems or conditions encountered or any unusual methods, materials,or techniques employed; C. Copies of required documents(contracts,press releases,etc.)as applicable;and d. For construction projects,photographic documentation of construction work in-progress or completed work shall be included. 6. Final Project Progress and Expenditure Report. To be submitted within 30 days following completion of all project work,this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; C. Final products as specified in the Approved Scope of Work(Section I of the Historic Preservation Grant Award Agreement; • d. Photographic documentation of completed construction work;and DOS Form No.HR3EI208GAASM Reference: Rule 1A-39.009(1)(6),FAC 204 Page 18 of 23 e. Required audit documents. Vl. The Department agrees to pay the Grantee for 50%of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures,documented by complete Project Progress and Expenditure Reports, equal or exceed the amount of donated values,up to a maximum payment of $49,500(forty-nine thousand, five hundred dollars).If the donated values exceed the amount of cash expenditures,the Department shall only pay the Grantee for 100%of actual cash expenditures up to a maximum payment of$49,500(forty-nine thousand,five hundred dollars). A. Requests for payment must be submitted in writing to the Department by the Grantee on the Payment Request Form(Form HR3E I 208PRF),incorporated herein by reference and available online at tvww.flheritage com/erants. I. The Grantee may request reimbursement of expenditures as documented in each required Quarterly Project Progress and Expenditure Report for work completed and timelines met as outlined in the Project Schedule.All requests for reimbursement must document expenditure of match resources in substantially equal portion to grant funds expended for the reporting period. More frequent Project Progress and Expenditure Reports may be submitted if a shorter reimbursement schedule is necessitated by rapid Project progress. 2. The disbursement schedules shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide Project Progress and Expenditure Reports,if work completed or timeline are not met as outlined in the Project Schedule or is otherwise found to be in violation of any term(s)of this Agreement or other Agreements with the Department. 3. The Grantee shall submit a complete Project Progress and Expenditure Report on the schedule provided by the Department for the duration of the Project. All such reports shall provide accurate ® information regarding the status of project work,as well as accurate funding expenditure information. Reports that are incomplete or do not contain accurate information will not be approved and further grant payment requests will not be processed. 4. The Department shall evaluate all payment requests based on the implementation of the Project Schedule.Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards,and approval of the grant assisted work by the Department.The total of grant funds transferred to the grantee following final Project completion,including all funds previously transferred in incremental payments,shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. 5. The Department shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the Grant Period.This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the grant award amount indicated in the Agreement. VII. Consistent with the grant funding expenditure threshold indicated in Attachment A,Part Il,paragraph 1,each grantee,other than a grantee which is a State agency,shall submit to an audit pursuant to Section 213.97, Florida Sialutes. A. All audits as described above shall be submitted within six(6)months of the close of the Grantee's fiscal year,or within six(6)months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign Attachment B,which refers to the responsibility of the Grantee under the Florida Single Audit Acl. DOS Form No.HR3E1208GAASM Reference: Rule IA-39.0090)(b),FAC 205 C. The Grantee shall complete the Florida SiPage 19 of 23 Progress and Expenditure Report. Complng/e Audit Act Certification included in the Quarterly Project etion of this certification is required for each reporting period for the duration of the Project. VIII.The Grantee shall submit all contracts for professional services(architecture,engineering or consultant services)to the Department for review and approval prior to final execution by the Grantee. The Grantee shall also submit(a)architectural planning documents in accordance with the schedule in Subsection VII.C.,as applicable,(b)copies of all contracts for the procurement of goods and services relating to the project work, and(c)copies of all proposed change orders or amendments to said contracts to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. A. The Special Conditions of Contract included as Attachment B hereto shall be included in all contracts for goods and services associated with this Project.These provisions require that: 1. All consultants,design professionals,contractors and subcontractors comply with federal Equal Employment Opportunity legislation; 2. All contracts for goods and services include provisions for retention and Department access to Project-related records; 3. All contracts for goods and services include specification of Project duration;and 4. All contracts for goods and services include provisions for contract termination in accordance with this Agreement. B. These Special Conditions of Contract may be attached and made part of each agreement for architectural,engineering,consultant or construction services,or other vendor contracts. Alternatively,the provisions in Attachment B hereto may be incorporated into the body of each such • agreement. C. Pursuant to Section 267.031(5)(i),Florida Statutes,the Grantee shall provide the Department an opportunity to review and approve architectural documents for Development projects at the following points in their development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications;and 3. Upon completion of working drawings and specifications,prior to execution of the construction contract. IX. For all Development projects,except as exempted below,execution of the Preservation Agreement is required. By executing the Preservation Agreement,the Grantee agrees to the continued maintenance,repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of five years from the date of execution. No grant funds will be released prior to Department receipt of one original signed and notarized copy of the completed Preservation Agreement. Exceptions to this requirement are projects involving only planning,properties owned by the State of Florida or the Federal Government,museum exhibits or archaeological sites. X. This Agreement is executed and entered into in the State of Florida,and shall be construed,performed,and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. Xl. If any term or provision of this Agreement is found to be illegal and unenforceable,the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. DOS Form No.HR3E1208GAASM Reference:Rule IA-39.009(1)(6),FAC 206 Page 20 of 23 XII. No delay or omission to exercise any right,power or remedy accruing to either party upon breach or default by • either party under this Agreement,shall impair any such right,power or remedy of either party;nor shall such delay or omission be construed as a waiver of any such breach or default,or any similar breach or default. X111.Each grantee,other than a grantee which is a State agency,agrees that,its officers,agents and employees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee,other than a grantee which is a State agency,is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or pennitted to be an agent,servant,joint venturer,or partner of the State. XIV.The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in sections 112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. XV. The Grantee shall not assign,sublicense or otherwise transfer its rights,duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter M-39,Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations,the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights,duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes,or otherwise,the rights,duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. XVI.This Agreement shall bind the successors,assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XVII.The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant,the Department may suspend the grant after giving the Grantee reasonable notice(usually thirty(30)calendar days)and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension,any corrective action required of the Grantee,and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant,unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension,and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements,unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. �I DOS Form No.HR3E 1208GAASM Reference:Rule 1A-39.009(1)(6),FAC 207 Page 21 of 23 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken,or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within thirty(30)calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance,in whole or in part,under a grant or project at any time prior to the date of completion. 1. Termination for cause.The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with the Division of Historical Resources or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have fifteen(15)calendar days to cure the default,unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period,the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement,the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds.The two parties will agree upon the termination conditions,including the effective date,and in the case of partial terminations,the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment,the Project may be terminated,modified,or amended by the Grantee only ® by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated,the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination.The Grantee will cancel as many outstanding obligations as possible.The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XIX.Unless there is a change of address,any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation,Division of Historical Resources,Florida Department of State,R.A.Gray Building,500 South Bronough Street,Tallahassee,Florida 32399-0250,for the Department,and to 1801 27"'Street, Administrative Building A,Vero Beach,Florida 32960 for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address,all notices shall be deemed delivered if sent to the above address. XX. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity,or increases the limits of its liability,upon entering into this contractual relationship. XXI.This instrument and the Attachments hereto embody the whole Agreement of the parties.There are no provisions,terms,conditions,or obligations other than those contained herein;and this Agreement shall supersede all previous communications,representations or agreements,either verbal or written,between the parties.No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. All written approvals referenced in this Agreement must be obtained from the parties'grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DOS Form No.HR3E1208GAASM Reference:Rule IA-39.009(1)(b),FAC 208 Page 23 of 23 • DEPARTMENT OF STATE Robert F.Bendus Director,Division of Historical Resources Date Indian River County Signature of Authorized Official Joseph A. Baird Print Name of Authorized Official County Administrator Print Title of Authorized Official Approved by the BCC 10/22/13 Date • APPRQ'•'r" AS TO FOR AND ; ,,_ to,:.cgs wiELtAH R DF.OAAI DEPUTY COUNTY ATTORNEY DOS Form No.HR3E1208GAASM Reference:Rule 1A-39.009(1)(b),FAC 210 Federal Office of Management and Budget Circulars Index httn://www.wliitehouse eov/oinb/erants/ind x.html circulars Governor's Office Initiatives,Florida Single Audit Act httn://www.niyflorida.com/mvtlorid Vgovemment/e,oveeimijoriinijtiilatilves/fsaa/ State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act) http://www.fee.state.fl.us/ PART 11:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1),Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State,other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part ll, paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes,and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 10 212 • B. The Auditor General's Office at the following address: Auditor General's Office Room 401,Pepper Building 1 I 1 West Madison Street Tallahassee,Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 5• Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued,and shall allow the Department of State,or its designee,Chief Financial Officer,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,Chief Financial Officer,or Auditor General upon request for a period of three years from the date the audit report is issued,unless extended in writing by the Department of State. EXHIBIT I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97 FLORIDA STATUTES: Florida Department of State Historic Preservation Grants,CSFA Number 45.03/ Award Amount50000(fifty thousand dollars). 214 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.031. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: INDIAN RIVER COUNTY Print Name of Grantee Signature of Authorized Official Joseph A. Baird Print Name of Authorized Official County Administrator Print Title of Authorized Official 215 1of2 ATTACHMENT B SPECIAL CONDITIONS OF CONTRACT REQUIRED BY HISTORIC PRESERVATION GRANT AWARD AGREEMENT Grant Project Name: Contract Amended/Execution Date: Parties: 1• (Owner) 2. (Architect/Consultant/Contractor) circle one These Special Conditions shall supplement and become part of the above referenced Contract and shall supersede any conflicting provisions of said Contract. 1, Equal Employment Opportunity Compliance The Architect/Consultant/Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race,creed,color,national origin,sex,age, political affiliation,beliefs,or disability be subject to discrimination under any program or activity which the Architect/Consultant/Contractor has agreed to undertake by and through the covenants and provisions set forth in this Contract. 2. Access to Records The Architect/Consultant/Contractor shall keep and maintain financial, invoice,and employment records pertaining to the contractual obligation between the Parties for pre-audit and post-audit purposes for a period of five(5)years following the completion of all project work,or until all claims and audit findings involving these records have been received, whichever is later. The Owner,the Florida Department of State,or any of their duly authorized representatives shall have access to any books,documents,papers and records of the Architect/Consultant/Contractor which are directly pertinent to this Contract, for the purpose of making audit,examination,excerpts,and transcription. 3. Termination 3.1 Termination by Owner 3.1.1 The Owner may terminate this Contract if the Architect/Consultant/Contractor: 1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective contracts between the Architect/Consultant/Contractor and the Subcontractors; 3. Persistently disregards laws,ordinances, or rules, regulations or orders of a public authority having jurisdiction;or 4. Otherwise is guilty of substantial breach of a provision of the Contract. 3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Architect/Consultant/Contractor and the Architect/Consultant/Contractor's surety, if any,seven days written notice,terminate employment of the Architect/Consultant/Contractor and may,subject to any prior rights of the surety: (liw DOS Form No. HR3E1208GAASM Reference: Rule 1A-39.009(1)(b), F.A.C. 216 2of2 1. Take possession of the site and of all materials,equipment,tools,and construction equipment (W and machinery thereon owned by the Architect/Consultant/Contractor; 2. Accept assignment of subcontracts; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. 3.1.3 The Architect/Consultant/Contractor will be compensated for any work satisfactorily completed in accordance with this Contract prior to notification of termination. 3.2 Termination by the Architect/Consultant/Contractor 3.2.1 The Architect/Consultant/Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Architect/Consultant/Contractor or a Subcontractor, Sub- subcontractor or other agents or employees or any other persons perforning portions of the Work under agreement with the Architect/Consultant/Contractor, for any of the following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction; 2. An act of government such as a declaration of national emergency, making material unavailable; 3. Because the Architect has not issued a Certificate for Payment and has not notified the Architect/Consultant/Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Contract; 4. if repeated suspensions,delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365- day period,whichever is less;or 5. The Owner has failed to furnish to the Architect/Consultant/Contractor promptly,upon the Architect/Consultant/Contractor's request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 4. Project Duration 4.1 Complete one of the following,as is applicable to the Contract: 4.1.1 The project work covered under this Contract shall be completed on or before 120 . 4.1.2 The project work shall be completed within days of the date of execution of the Contract. Owner Architect/ Consultant/Contractor Address Address By By Date Date DOS Form No. HR3E1208GAASM Reference: Rule 1A-39.009(1)(b), F.A.C. 217 16A1 Public Hearings-B.CC 10.22.13 v O JCe of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County.Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney r DATE: October 10,2013 SUBJECT: Electronic Nicotine Delivery Devices(Electronic Cigarettes or E-Cigarettes) Ordinance BACKGROUND. On October 1, 2013, the Board of County Commissioners directed the County Attorney's Office to draft an ordinance concerning the sale of electronic nicotine delivery devices. These new devices are commonly referred to as electronic cigarettes or e-cigarettes. These devices closely resemble and mimic smoking with users inhaling vaporized liquid nicotine. Nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption. The nicotine content in electronic nicotine delivery devices is unknown. Currently the United States Food and Drug Administration does not regulate electronic nicotine delivery devices. The Indian River County Code of Ordinances regulates the merchandising of tobacco products. Pursuant to Section 313.03 (Merchandising prohibited), the display for sale of any tobacco products by means of self-service merchandising is prohibited in Indian River County. In order to protect minors from tobacco products only vendor assisted sales of tobacco products are allowed, unless access to the premises by persons under 18 years old are prohibited. This proposed ordinance amends section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products) to include electronic nicotine delivery devices as part of the definition of tobacco products. Thus the prohibitions that currently apply to the sale of tobacco products would also apply to electronic nicotine delivery devices. Approved for October 22, 2013 BCC Meeting Indian River Co. AWroved Date Public Hearings Admin. ,/y/,3 Co.Atty. Budget I1 Department --- COUNTY ATTORNEY Risk Management -- -- F1 Urromr✓l,.du GEASR,4L'B CC,4arrdu Alrww E{iparru..rbr 218 Board of County Commissioners October 10, 2013 Page Tu,o Additionally, the ordinance establishes a new section 313.04 (Selling of Tobacco Products to Persons Under the Age of 18), to clarify that sales of tobacco products, including electronic nicotine delivery devises are prohibited to minors. It may be helpful to define electronic nicotine delivery devices to provide guidance to distributors, county staff and the public. An example of such a definition from a recently filed bill in the Florida Senate is, as follows: "... a device or product that produces a vapor that delivers nicotine or other substances to a person inhaling from the device to simulate smoking and that is offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,or other similar device or product." FUNDING. The only cost associated with this matter is the cost of advertising the notice of public hearing. The cost is estimated to be approximately $130.00. Funds are available from General Fund/County Attorney/Legal Account No. 00110214-0331 10. RECOMMENDATION. The County Attorney's Office recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board of County Commissioners then consider adoption of the attached proposed ordinance. The County Attorney's Office also recommends that the Board amend the ordinance to include a definition of electronic nicotine delivery devices. ATTACHMENT(S). Proposed ordinance. DR:LAC F..Ja-.r 1Uxdo GEKERAL1B C CAr d.,W—:Cg—.d. 219 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING ELECTRONIC NICOTINE DELIVERY DEVICES, AMENDING SECTION 313.02 (DEFINITIONS) OF CHAPTER 313 (MERCHANDISING OF TOBACCO PRODUCTS) AND CREATING A NEW SECTION 313.04 (SELLING TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE) OF THE CODE OF INDIAN RIVER COUNTY TO APPLY THE REGULATIONS ON THE SALE OF TOBACCO PRODUCTS TO ELECTRONIC NICOTINE DELIVERY DEVICES, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, new unregulated high-tech electronic nicotine delivery devices, often containing a combination of pure nicotine, which are commonly referred to as electronic cigarettes or e-cigarettes,have recently been made available to consumers;and WHEREAS, these devices closely resemble and mimic smoking with users inhaling vaporized liquid nicotine; and WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption; and WHEREAS,the nicotine content in electronic nicotine delivery devices is unknown; and WHEREAS, the appeal of these electronic nicotine delivery devices can lead young people into a lifetime of nicotine addiction; and WHEREAS, young people who become addicted to nicotine can then become likely to utilize more traditional forms of smoking such as cigarettes; and WHEREAS, electronic nicotine delivery devices are not currently regulated by the United States Food and Drug Administration;and WHEREAS, it is necessary for the Board of County Commissioners to regulate the access of young people to electronic nicotine delivery devices similar to ways that access to other tobacco products is regulated. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority, Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Page 1 of 3 220 ORDINANCE NO.2013- Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3 Amendment of Section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products) of the Code of Indian River County (the "Code") (added language is underlined,and deleted language is noted by;t ike4weugh). Section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products)of the Code is hereby amended as follows: Section 313.02. Definitions. For purpose of this chapter,the following terms shall mean: Tobacco products include loose tobacco leaves,and products made from tobacco leaves, in whole or in part,and cigarette wrappers,which can be used for smoking, sniffing,or chewing, and electronic nicotine delivery devices. Section 4 Creatine Section 313.04 (Selling Tobacco Products to Persons Under 18 Years of Age) of Chapter 313 (Merchandisine of Tobacco Products) of the Code of Indian River County (the "Code") (added language is underlined, and deleted language is noted by stfikedffeugh . Section 313.04 (Selling Tobacco Products to Persons Under 18 Years of Age) of Chapter 313 (Merchandising of Tobacco Products)of the Code is hereby created as follows: Section 313.04. Selling Tobacco Products to Persons Under 18 Years of Ape. It is unlawful to sell deliver, barter furnish or give directly or indirectly, to any person who is under 18 years of age, any tobacco product. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Page 2 of 3 221 ORDINANCE NO. 2013 - Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the day of 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA By: Joseph E. Flescher,Chairman ATTEST: Jeffrey R. Smith,Clerk of Court Approved as to form and legal sufficiency: and Comptroller _ By: Deputy Clerk �bylan Reingold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. �r��L,a�.�.,.�.,�„�.� Page 3 of 3 222 ~- ff ,� SCRIPPS TREASURE COAST RECEI VED NEWSPAPERS OCT 17 2013 Indian River Press Journal COUNTY ATT OFFICORNEY'S 1801 U.S. 1, Vero Beach, FL 32960 SC :° . 11 . AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po # INDIAN RIVER CO ATTORNEY 2562632 10/12/2013 NOTICE OF INTENT E-CIGARETTES NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sw n and subscribed before me this day of, October 12, 2013, by c i who is ORIGINAL Sherri Cipriani [X] personally known to me or [ ] who has produced as identification. Mary T. Byrne Notary Public ,.`t'► �°`''•• MARY T BYR14E s s z Notary Public-State of Florida M Comm.Expires Aug 2,2014 Y �y�•,, N��.� Commission•EE 7134 SATURDAY,OCTOBER 12,2013 SCRIPPS TREASURE COAST NEWSPAPERS • E19 TCPALM.COM CLASSIFIED - CONDOS/ NOTICE OFACTION NOTICE OF SALE NOTICE OF SALE NOTICE OF MEETING NOTICE OF MEETING NOTICE OF MEETING NOTICE OF MEETING. HOMES-SALE WATERFRONT-SALE. 'w h I c h I-h-a SEMAN'S LIEN,THE our bulletin board. o PRODUCTS To ELECTRONIC NIC-Anyone l accommoda VERO BEACH-Beech HUTCHINSON ISLAND- Lot 3,in Block 47, undersigned Is PROPERTY OF: appeal any erson cmatter OTNE DELIVERY DE- tions for this meeting Treasure side home.Tour our Harbour Isle 2br 2ba SUNLAND GAR- entitled to satisfy an discussed at a PN VICES,AND MAK- must eon[act the hams online et enthouse waterfront owner n e r and/o r Tracy Bingham Counq a Americans My7oHo.com227 unlet view 200065 bldg DENS SECTION 4, With Disabilities Ad K according to the map manager's lien of the Una B 456 Board Hearing,he or ING DING FOf FINDINGS AND Coast Reduced 5699.000 35 CALL FOR AL00 (ADA)Coordinator at Classifieds (T72)59 3yg S29g,o00080772-528- or plat thereof,as re- goods hereinafter Unit Bonnie cord oft/the proceed• SEVERABILITY, 72226-1223 at lean wEa ID 2556w1 6533772-461-5773 creed In Plat Book described and pored Geo 6388 4.hours 2 advance WEB ID 2559809 10,Pa a 76 of the et UNCLE BOB'S Georgia Brown Ings,endAe or she ANIEIFFTECTIVE VERO BEACH Public Records of SI. SELF STORAGE Unit a 87 may need to amara DATE. of me meeting. Lucie County,Flori- location lined below sa Isaac INDIAN RIVER MAKE ESTATE MANUFACTURED RXANCIAL do. And,due not- •[81ijuene that of the proceed-The Public Hearing COUNTY BOARD OF AUCTION! HOMES-SALE Street addreas:1703 having been given he'OSuene Inge Is made,which will ba held on Tuas COUNTY YOUR N.43rd Street,Ft. to Ne owner^f• retard irwludes the day.October 22, COMMISSIONERS 680 Royal Palm Blvd FORT PIERCE-1-95 - Pierce,FL 34947 pro art enc. testimony and vi- 2013 at 8:05 a.m.,or JOSEPH E. ADVERTISER y 55+.'o5 Manufacc NOTE:PURSUANT parties k own donee upon which as won thereafter as FLESCHER, 28P25BA+den tared home.Ex.BUSINESS TO THE FAIR DEBT claim an Inter t r the apped Ia to be the matter may be DOLLARS C85 home cond.2bd/2ba with OPPORTUNITY....... p CHAIRMAN 1925 sq kunder A/C W"'-'n shower In- COLLECTION PflAC- therein,end the t Un based. For awom- head,in the County Ld s as ho x 150' aster.Sint,a witle ART GALLERY Retld. TILES ACT YOU ARE specified to each no.Isaiah modation of special Commieaion Cham- Taxes,carport,turn. Good lease Grew ADVISED THAT THIS uta for payment of Unit B i ads,please contact bar°located on the Pub:October 12,2013 WORK Easy mo 515,000 Inventory 3y es- LAW W F I fl M I S ouch having expired, E the Building Depart- first floor of Building TCN2562632 YOU Sat Oct 12 @ 1LAM bo.772-267-7947 tablished.535,000 d Preview at LOAM WEa ID 256t066 All Inventory lstcld DEEMED TO BEA the goods will b°Sold et mVinistrat{ve om- 5G6rio�t�1-n031 me.Cnl� AEll TTEMPTINGTOatlrhe in Below stated 9800 A?M.,SE t mens et 231da53. VA n the County A- FOR Ron Rennick FORT PIERCE COLLECT A DEBT locafonts)to the COAST SELF STOR-Pub:OdobTCN2562878 Street,VerotBeech, FIND OUT Auctions[Inc. TANGLEWOOD AND ANY RIFORMA- highest bidder or AGE,2aae N.U.S.1, Florida 32960,at ABOUT THE tcpalm.com 772562 a15 FamliyP k.over TION OBTAINED otherwlsa dlspased FT.PIERCE, FL NOTICE OF INTENT- which time Intereat- (AB128/AU155) BHomes ha�h0o5gBE ad parties MY eP- classified AennlckAUNom.com frown illy TW}IIpT PURPOSE.FOR 10123113.at 12:00 2400.8, PUBLIC HEARING pear at the meeting POWER OF 1 Gerw 772-0e2097 WITNESS my hand P.M. •PURCHASES MUST NOTICE IS HEREBY end be heard with end anal of sold BE PAID IN FULL AT GIVEN that the respect to the pro PoflT SAINT Wc1E- Court at 1 PlareA .131 S.HIGHWAY 1, TIME OF SALE IN Board of County ADVERTISING Cammiseionera of Dosed ordinance. Spanish Lakes#i St.Lucie Lpunty, PORT S7.LUCIE,FL CASH.ALL ITEMS Indian River County, in Daub l°wide.2/2 Florida this 30 day of 34952-772-878-7191 TIME OF81 1EPURCHASE. pO° The#1 VER'BEACX•OPEN 55+regal A$5000 Sniper. r,2013. Florida,will conduct The Is eomey be rI.-Treasure Coast HOUSE 10/13 1•a m-323Sa53 Rka Mercer-H.Id gds, SEACOAST a public Hearin to P W 259y0 At L"ci ou s WEB ID 2561566 ""aider the B op- spaded by the public Classifieds SWHv/T home w� poser ST LUCIE-55+ Joseph E.Smith Furn,Boxes,cep- S T 0 R A G E tion of a proposed during regular bael- Advertising solar heated poo. 5�anish Lakes Golf As Clerk of the Circuit ylncas,TVlStereo RES ERV ES THE ordinanu ant&led: nese hours(8:30 Source For splitplan w/ranite VlllagePETSECTIONi Court Equip,Toole Off RIGHT NOT TO SELL a.m,to S:oD 77.m., tcpalm.com trt.ps,w�firs,Lg 2br 2br scm room LEGAL$ BY:Ethel McDonald Equip,Sprtng Gd, UNIT CONTENTS. AN ORDINANCE OF Monday through Fri- gasflreplAce,lrg corner lot,carport,all As Deputy Gark da et the Office of classified Recent Home Master wfs!,t n Appls,CentIACM Francis Slocum-Held Publish:October 12, THE BOARD OF the Clark to the Buyers rm,Fam,L v,DR S12S00772-678-2849 If you ere a person gds,Furst,Boxes,cep 19,2013 COUNTY COMMISBoard - ook,mnny up- WEBID 2556302 wish A disability who pinees,TV/Stare°TCN2562827 RII�NE RSCOU NOF DT YN CommisslonennloY Make yourpamge sake �rades.Must sea poRf S•y luelE-55+ n o ads a n Y qdP orad the 2nd aRn9 sviceass_ m•15359 K, ganisn Lakes Golf NOTICE OF ACTION accommodation in FLORIDA CONCERN- floor of BeBuildin Aof reAdwrtiseamme Call 712-538-2536 Village Ex.1 ,2br 2ba IN THE CIRCUIT order[a panidpete Torah Sims-Held gds• ING ELECTRONIC 9.. Treis_ie's'noasr Treasure COdSt WEB ID 2545w5 ^eco r kit,�trl ACM. COURT OF THE In this proceeding,TF-m.Boxes NICOTINE DELIVERY the County Crimp p- , cksslr�eds! Cla55ified5 VERO IsuCx-'the shingle rcofAwder NINETEENTH NOTICE OF MEETING DEVICES,AMEND- triA Complex, Sanctuary 33rd St. heater.Huge screen JUDICIAL CIRCUIT You are entitled,at 1801 27th Street, HOAGated tenNs rm AFL rm.wood IN AND FOR ST. nu cost to you,to the Den(el Aguirre-Hsld The Town of Indian ING SECTION 313.02 Vero Beach,Florida. j - tcpalm.com classified courts ppo,iT90d laminate floors,shed, LUGE COUNTY. Drovislon of certain Ads,faro,Boxa River Shores'Plan- (DEFINITIONS)OF IDrts 2cg scm 8dl awns s Onl FLORIDA asci ste nee.Please ping,Zoning B Ver, CHAPTER 313 IME• y NOTICE OF MEETING porch Sl6B, .Y 56900 Tn'6g78-284 contact Corrie Patricia Filippa e- once(PN)Boand will RCHANDISING OF wish to pDeal any Owner(77A 299 27 WEB ID 2562298 CASE NO. Johnson, ADA Hold gds,Tool a,Off conducts meeting TOBACCO PROD- de cis ion which may Well ® 2562676 STUART•65*;Pine 2013-CA•001650 Coordinator,250 NW Furst on Monday,October UCTS)AND CREAT- NOTICE OF ANNUAL MEETING: Lake Gardens Country Club Drive, 14th 2013 at 2:00 IN A NEW SEL- bs made at this Estates,2 o ole&BAY VI EW LOAN Suite 217,Port S[.Darvlle Reader-Held p,m.In the Council TION 313.0415 EL- meeting s aglh.111 ie ba- Humane Sciary of the Treasure Coast,Inc. HOMES/ Estates,s 26r/10a SERVICING,LLC,a If Furn,Bozos, Chambers,6001 N. LING TOBACCO tim record of the Notice of Annual Meeting open DR/LR,scrod Delaware limited lie- Lucie,fl 34986, g rocaod In a is WATERFRONT-SALE_ pomoh,ili9enovat� bility compony, 1772)B07-6370 at Sprtng Gds Highway AIA,Indian PRODUCTS DE PER- made,whi- In• 430 Plaintiff, least 7 days before elver Shores,Flcri- SONS UNDER 18 D lim-nl Tuesday.October 22,2013 FONT PIERCE-Large- d,532,000,Call your whealed court Publish:October 5, de. The public is i- YEARS OF AGE)OF -ludas testimony E.Clinton Tocol Humane Educetipn Building 2bd2ba Waterfront 802-233,1229 epDeera nee,or 12,2013 vked to attend. The THE CODE OF INDI- end owl once upon 4100 SW Leiph[on Ferm Avenue home on Faber Cova WEB ID 2555630 LENARD HART,et el., Immediately p n TCN2560021 agenda ie available AN RIVER COUNTY which the appeal is Palm C. Florida 34990 2 slips 11iR on de.D Defendant.. up PUBLIC SALE at Town Hell,an the TO APPLY THE REG- Water.CllNoah bees!,in9 t 1e IN ORDER TO website www.i- ULATIONS ON THE based. Pub: October 12,2013 TCN2562548 305-36'6262 - NOTICE OF ACTION- otificati on If the JacroOon Realty ACREAGE/ /CONSTRUCTIVE time before the SATISFY WAREHOU- rahorea.com and on SALE OF TOBACCO Jacobson..,on.com RESIDENTIAL-SALE SERVICE NOTICE BY a c h a d l a d 1, I PORT 5T Luel[-Ocean PUBLICATION tan rane.'I a lees A«•ss. Ice CBs FELLSMERE TO: than 7 days;ii you 675 SE Nor*'Y."10 Acres...__..._.565,000 are hearing or voice 0r,S1e9,wtNs HOA zo Acres-__.5175,000 LENARD HART paired,call711. WEB re 2 T31Neel Adams@ prober- Last Known Address.publl.h Dat°:October liesplus 772-4733570 1101 Avenue G,Fort 5,12,2013to .%; Sit? Pierce,FLTCN2561350GOLF COURSE Current Address: REALESTATE Unknown _.. COMMUNITIES-SALE WANTED-SALE YOU ARE HEREBY lEN9EN BEACH- p ORT ST LUCIE• NOTIFIED that a 1BCC 32/2 one _IP TED 3br 2ba 2cg Complai nt to fore-NOTICI:OF$ALE_ _ tory lakefront East of U51 Cas close a mortgage on LEGAL NOTICE 1� Lh00 si, CASN°Realtors sal property lawted PublkAuction will be ��raB�1...*1(.� �° �� M 12please(772)380-0051In 5t.Lucie County, held at ToWMeeters yI �I TLVnelsool Florida hes been of PSL Towing 3515. There's MUSICIn f I l e d and c o m- Storeaa lot at 1325 cla56i6ea m.nped in[hla Coprt sw Butmprestreet. With our app's new NOW feature,local 8189 Advertising] sod you are required P o f I S till u o 8`- r. e •Tw• Find anything to serve a copy pf Florida 34983 on Oc- from pianos your Written da- tober 28,2013,et news is more accessible than ever. fences,if any,to it 1090 em, pureuent It percussion. on DANIEL S.MAN- to Flpride Status° CONOOS-SALE Treasure Coast DEL of the Law of- 713.7.for unpaid - Download our mobile app to find out FORT PIERCE Mead- Classified o fi,ss of Daniel S. towtn d npr.ge. What's happening right here,right now. ow Wood Country Mandel,P.A.,Artor 2001 BMW VIN a Club 2/7 ove998 At V rlook• neys for Plaintiff,WBAAV334XIFU98a3t I yy golf course, Buylnp or Rentlno wh-Ia ad dre8.la JH4UA3842WCw15798 In?, sly t�a.tiedfloorRead Treasure Cosst 1800 N.W.Cofporate Terme f sale are eskin586,900.Call Classified Boulevard,Sta. cash,and no cheek° gg 305W,Baca Raton, will ba once t d. 772-579-6165 or 772- Florida 33431 and p° Get ILow- ■ ' 4895373 Vero Beach Whose email address Seller reserves the :L WEB ID 25631St for service of docu- right of find bid. All !ti ST.:r1c°n1Q*ta- - Fairlane ,rents 1, erv• rsales are efunds col No DOWNLOAD IT AT }} dor 55 32 garden Harbor beam.^agile mail.- refunds cost/be TCPALM.COM/APPS g. and unit.Sep.an- om and File the m a d a.5 a I d trance,sc porch. automobile will be N/S,Pet ok�f161101 original with the sold In as le' Ca1172233A538 Adult Clerk of the above condition with no WEB ID 2555274 styled Court within .•••"' STUARf•SOVTH RIVER Community 30 days after Nrsl g......... �.�,T.•-L^,. B<d•p} b INNER HIGHWAY publication of No[i-P&2563 bar 12,2013 OPD7 xotI5TL i•7 2BPJ2BA ce,otherwise 6 de.TCN2560 CE Bldgo.391 u.d 205 fault will be entered 0 CEO 2.ii.New Nrtchen Waterfront Home against you for the PUBUL AUCTION AliceK nt. -- Real Estate Co. Bring your Boatl r I of preyed-for in (772)341-0771 the Co mVVla Int,to In accordance with Home buyers rely on $28,900 ir. the 1precloaure the s Law ora of Or monB�ga on the State Law,there Tr a 772.567-9690 follow in,E ascribed being due and Class6eds br[nee real prOpO in unpa'd charges far low-iM estate ric—two wa.ablrMaewariaa<wn is w/vara p . Us i HOME PLUMBING SCREENING CLEANING COMPUTER DNngAu -.NANDYPFASON IMPROVEMENTS,..., MEDICAL - PLUMBING SERy10Et AFFORDABLE Ln CARE BACKHOE_ __. B S B DENTAL REPAIR-QUADFIED SCREENING AT YOUR SERVICE MEDICAID& TRADES AN_Free FIX NPaOb t b g Or ELEC,Hpme f p H me Impprovements ECONOMY DENTURES FOR ALL YOUR CARE GIVER Cancer BOBCAT-BACKHOE CLEANING SERVICES ICES Problems Computer N,MI!06 yes exp. IaWn erv,pre U pepalrs/Maint/Ramod CaII 772-5695337 Est,Fa r Paces 8 SC0.EENING NEEDS a GIVEmers expr FIII Sod,Rd base. Se p5L10-6055;MCN56089 ash.Gr t p Ices Garbs 772.69241917 SEBASTIAN Fasf Service,Call T72-2204722 Howdy ar 242.Re- Ml lines Grading Laundry•Free estsLlc Olag^ost'IcsI519.99 772-607-4138 SL MC Llc 13014838/Ins. Lldins#CN55897 Bill at 772-224-6721 }erence5 available Drlvewayy55 Momhlyy yy po Joe 771,621-0512 R ANDREWS ALUMINUM 772-418vaila SDadda 772-5391221 72-2851529 m..1 Ir Brian 772-267-2926 Sween Rooms,Doors, Carpplvr/Comaanbn HOUSE CLEANING BY JUST IN TIME - BOBBY i BROTHFJ6 -- - Windows,Re-Screens Lic'0.Crim std back- LAURIE-.Moth,Wkly, COMPUTER SERVICES HANDYMAN Be ground check evall BI e N or one Hme. House Cal is Re SERVIC INC- MOVINGBSTDPAGE 772-3811-28581RI2954 able.Excellent refs. H t Ref bis Great pew W n7 PCs Dins ELECTRICAL lit/Ins.Free.20 rr INSTRUCTION POOLSJSPAS TAL ALUMINUM s a OVING SLa MC TR4D7-2199 ,.CARPENTRY d°.Ca11777-4a69NB B L Service Around e%p.NOW accepting IAL PATTON MTRUE pool HOMEMAKER ABT .as Ramadelin9 N U 5 B A N D/WIFE Call 772,6174186 E-A-L ELECTRIC all major creel[cards: MmilhrP' Carwrai DLstan eIcIt r FL Rgeg 1 M. iflEE IsP Co'OOcas- fepal rs lieam<less Companion Servirn CLEANING SRVG- edam@Iit"snat Na Job To05mdl C8117TI453-0909.... CNA CPP,ENG,PCT' 72567,6555 S69/hf era 575/mo Wkly Pool yuttef.alum roof. Co ¢tithe Rates A��t pas/tlo0rs/ oleo wlndow,<afpet Generator hook ups PMelc tl &More 772 6338fi41 IR/SLC Maintenance.Serving 772'466-0288 Td CA's ' decks/wmdowsnr m r.,A.,.clean,U4 .1ST .,.RM PC Ins'd.aEC130oll96 CERTIFIED on-Sit Testing A r.72-69,5227 _ Call Cathy sidingg/shutters/ 5 772.766.4174 Facet NiHable service, 72.35911K SUMUIR HANDYMAN Flag fD Intln91'&`A yy 772.219-0192 Rt h¢n/Daths.<AR3B74 fR�E DIAGN0571C5 Palming,Tile .7776624218 10LIc/In51RC/SLC 772528O6W MC/SL JENNY'S CLEANING Pr�Sauf.wazhing, www fanCNA.com I am a eNA 8 needs 6 SRVG-resl0entlal, 21+ rs.ez erienee INGIIUM'S ELECTRIC B hours work Ilpm- .. Is yrs exp,Progeny 539 S eCML Falls/Fixtures Free Est Lic&InSuYd DoE Sd)ool#.177 TRANSPORTATION Bam.Private duty. (712)252-0714 Affordable Elec (772).75-1711 SL Unlictehse,k chow PAINTING SERVICES Call ,.an after 12 Mngm�t Available, SrvC 772-.07.1023 ExPER1ENCE0 DRrvEA noon 7722840214 772-3212791185L UC Ins 10. SL A.A.W. PAINTING PRESSURE CLEANING IO Y°ur tlestl tion. CARPETING KIMS ClEAl11NG Svc paper Hang n911nV a„a .. �..,,n,..•..... .. ---..—IRes.&Com.Reliable. 7ROYGIOVP21G0- 0 (INFORMATIONAL) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator 'Ro P MENT HEAD CONCURRENCE ert M. Keating, A P; mmunity vel( Director FROM: Sasan Rohani, AICP /tel' Chief, Long-Range Planning DATE: October 11, 2013 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting It is requested that the following information be Ogiber 22, 013 consideration by the Board of County Commissioners at its regular meeting oIc DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: November 5,2013 1. Grand Harbor North and Others' Request to approve a Small Scale Land Use Map Amendment to Redesignate ±1.79 acres from L-1 to CA and simultaneously Redesignate 11.79 acres from C/I � L-1; and Request to Rezone±439.01 QUASI-JUDICIAL AND LEGISLATIVE). from PD to RS-3, RM-3, CG, and CON ( Q 2. Carter Associates, Ine's Request for Planned Development (PD) Special Exception Use and Preliminary PD Plan/Plat Approval for a Project to be Known as The Reserve at Grand Harbor [PD-13-10-03 /2001020101-71163] [Quasi-Judiciall RECOMMENDATION: The above referenced public hearing items are provided for the Board's information. No action is needed at this time. (W F:\Community Development\Rezonings\Grand 1larbor North 2013 Rrewning\StaffReports\l3CC Notice of Public Hearing October 22,2013.doc 223 APPROVED AGENDA ITEM: Indian River Co. Approved Date FOR• ,�C�,fIIB•/��, as(3 Admin. 10703 Legal BY. Budget Dept. Risk Mgr. • FACommunity Developmcrit\R zonings\Grand Harbor North 2013 Rrezoning\Staff Reports\BCC Notice of Public Hearing October 22.2013.doc 224 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Joseph Baird County Administrator DATE: October 14, 2013 SUBJECT: Request for Executive S October 22, 2013 FROM: Jason E. Brown ( /11( Director, Management& B f dge Staff has been collectively bargaining with the IAFF union since April 2013. Although both sides have been bargaining in good faith, an agreement has not been reached. Staff seeks to schedule an executive session (as allowed under F.S. 447.605) with the Board to discuss collective bargaining strategy. This meeting is exempt from F.S. 286.011. Members of the bargaining committee that will be present at the executive session include: Colleen Peterson, Human Resources Manager; Mike Zito, Assistant County Administrator; Jason Brown, Director, Management & Budget; and John King, Emergency Services Director, as well as the County Administrator, Joseph A. Baird. RECOMMENDATION Establish a time certain of 10:30 a.m. Tuesday, October 22, 2013, for the executive session to discuss IAFF union negotiations. APPROVED AGENDA ITEM: Indian River Count ved Date Administrator 1011,113 BY: Legal 16 Jose A. Baird Budget 1 County Administrator Department �0 15 13 Risk Management FOR: October 22, 2013 225 ILI INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: JOSEPH A. BAIRD COUNTY ADMINISTRATOR DATE: SEPTEMBER 26, 2013 SUBJECT: CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFESTRUCTURES n THROUGH: ROBERT M. KEATING, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT FROM: SCOTT P. MCADAM, MCP, CBO<r BUILDING OFFICIAL It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 22, 2013. DESCRIPTION AND CONDITIONS: The structures listed in the attached condemnation list have been condemned 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 of the properties and others with an interest in the properties were issued notices to repair or remove the structures within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, condemnation cards were posted on the properties. The owners were also notified that the Board would consider a Resolution to demolish the buildings and impose liens, if they failed to demolish the structures or obtain permits to repair the structures. None of the owners have applied for repair permits,demolition permits, or appealed the decision of the Building Official. 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 226 the Minimum Standard Codes, they have failed to bring the structures into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structures and with assessing a lien against the property for demolition and removal. Recent County demolition contracts have averaged $4,175 per structure. The County Attorney's Office has reviewed the title reports on these two parcels and found no encumbrances (i.e. mortgages, liens)other than code enforcement liens or tax certificates from unpaid taxes. FUNDING Funding in the amount of$8,350(2 x $4,175) for the demolition and removal of the two (2)unsafe structures is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a contract demolition is awarded, a budget amendment will need to be processed to move those funds to MSTU/Road & Bridge/Other Contractual Services- Account#00421441-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners declare the referenced structures unsafe and a nuisance and order the buildings demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. Staff further recommends that the Board adopt the attached resolution authorizing the Building Official to report the county's demolition and debris removal cost for 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 demolition costs. APPROVED AGENDA ITEM: Indian River Ap ved Date Co. BY: -Admin. h 13 Legal 10.10 .1 FOR: October 22, 2013 Budget 1 1413 0"t. Risk Mgr. Attachments: 1. Resolution 2. Condemnation List 3. Pictures of Condemned Structure. 227 ® RESOLUTION NO. 2013- 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 properties on which the county has incurred demolition costs; 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, 228 RESOLUTION NO. 2013- 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: Joseph E. Flescher Wesley S. Davis Peter D. O'Bryan Bob Solari Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk By Deputy Clerk APPROVED AS TO FORM AND LEGAI, SVFFICIE CY: B y William . DeBraal Deputy County Attorney J rn, 229 CONDEMANTION LIST; 1, Owner: Jessie Lewis Property: 12936 100Th Lane Tax ID#: 31-37-00-00002-0000-00040.0 Legal Desc.: Lot 39, Lincoln Park Subdivision, according to the Plat thereof, as recorded in Plat Book 1, at Page 60, of the Public Records of Indian River County, Florida. 2. Owner: Cynthia L. Stamps Property: 12930 100th Place Tax ID #: 31-37-00-00002-0000-00011,0 Legal Desc.: Lot 11, Lincoln Park Subdivision, according to the Plat thereof, as recorded in Plat Book 1, at Page 60, of the Public Records of Indian River County, Florida, N i w 230 n A. y -.R � } 1 .{• :8�1' � .IIS. 1 . •.. ',�,t 3 `i- 44 F • qK 4 a L � r - n, 1 s k t 4k '! Y. L: p: of � Y. A. ♦'. —.. .... ...,..: ,. � .. ... a .. _ — e n ..:... ... { Iirr l��v t 232 t a' `5 4 1' • r lYQ � ` -•�.�...l... .» � i� 'R `'meg� . J^$?(� �d'4+. '1O 4- M li ` � � �,• 's '4i ... rte .. _♦� � D .... F tlo '�^s �.., yip ttta. ay,t .. t " ,yp•. .. WA tA y �#,{41�i♦ &�� nA.�. �r .� /a�q�.�-y 4 .Y. °S :g ':t `Y� ..ria i.;� ��- •.� - _ ! tj t �� s+� �• -€�' yet' .d� +��+ r�. r "};�;'.+� " • ^;�, fir,"�'� � �'��" � �, '��„ "3 , we—c w .p ! zz r�.ga. r�y 4:Y 'wMr `t a f T t A 3J a" "S .Y a vsyuf 71P.t •9 Jd � i f� � ! 4Y, V $'}, f LSI r•E h.1 Y t•U_Tl mA f ., £ -84.`. A ol Aw �.A1'��� .. '�F '� «g, ✓ � •9nn�m�,� t k aha?"'¢^..',�b �� r � 4 aa' I �y Al e F� vr A Y f i A AL ism .�, lrMr9t a i h. .• a7ia7 1 A e, 1 a OW -,wow' x •— do /4Y �+� � ^�� 1.�.. • y *� 111`„- �a d1 .� `tfi'd-lab;' •.”. 'S �� � ` . . ,, k i .. -_ �`�s.e: � �. r{ yi 1 .� _ yy �J 3 1 P� .f '`�^� o-n-+. mac �� _ ' �ad �, �` .T i� J� y y�r y, .� � .� ,� � �. :-� �.: P :� �. � � _ , �L f r �. �, .,� �. � � t�. 1�. _.r-a..�q�tiy' J y3 Y "`i.L�...`�. �� ..* „�t x A i i Z ,e r r � p. •J. Sz, J 44, Q. • A i x a� a- a rA A = a^) M W i91 f 4 f Ory I C c 4 114 S/" �`...>¢'�§ 2 In zr t oAff 'i.,it ; . 'RS( ; TO Elf;E� ��it�.�_. SOP T114F P'J)tP-? f. Of MAI.K.:ING THE RE UiR o `mId 01.001 Oc,6v 10/23/2013 CONDEMNATION'S 12936 100th Lane 1) 12936 10011 Lane • OWNER: JESSIE LEWIS 2) 12930 100th Place 12936100TH LAN E 05/15/2013 P 2 � h ��o -1 10/23/2013 05/15/2013 10/18/2013 05/15/2013 05/15/2013 10/23/2013 10/04/2013 10/04/2013 its 10/04/2013 10/18/2014 � "�'` dya " 3 10/23/2013 05/15/2013 12930 100TH PLACE OWNER: CYNTHIA L. STAMPS t Y 05/15/2013 10/18/2013 5 ��10 - 4 rte. 10/23/2013 10/18/2013 10/18/2013 ®rl 05/15/2013 t3, , z 10/23/2013 05/15/2013 10/04/2013 F 05/15/2013 10/18/2013 �dY 3�Q�+F2 yy Y xA �" 10/23/2013 10/18/2013 05/15/2013 10/18/2013 10/18/2013 lid d � 0 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator MIN THROUGH: Christopher R. Mora, P.E., Public Works Director C111— From: Manuel Cabo, Telecommunications Manager SUBJECT: Telephone System Upgrade - Proposal for NEC PBX Systems Upgrade and Approval of NEC Corporation of America (NEC) as Sole Source Provider DATE: October 14, 2013 BACKGROUND The existing telephone systems at the County Administration Complex and Emergency Operations Center (43`d Avenue Complex) are nearing the end of their service lives and are in need of significant upgrading. The existing telephone system known as PBX, or Private Branch Exchange, also has obsolete call accounting / reporting software at the Administration Building. The obsolete software restricts additional phone lines and makes it difficult to add new features to the telephone system. ANALYSIS The existing NEC PBX telephone systems at the Indian River County Administration and EOC sites have reached the end of their service lives and the software is no longer supported. An upgraded system is necessary to ensure that these critical telecommunications systems remain operational. Staff identified two alternatives for addressing this problem: 1. Upgrade software (only) – NEC sole source 2. Replace telephone system – new telephone vendor Under Alternative #1 (software upgrade only), NEC would provide, as a sole source vendor, new software to address the present deficiencies. All existing telephone handsets, servers, circuitry and related telephone equipment would remain. New software and firmware chips would be installed and supported by NEC. NEC is offering cost discounts if we bundle these two NEC system upgrades at the County Administration Complex and EOC Complex. NEC also indicated that the upgrade will reduce maintenance costs because of the way the voice mail systems are integrated into the upgraded PBX systems. Cost = $134,399.43 as detailed in the attached quotes. Under Alternative #2 (telephone system replacement), the existing system would be scrapped and an entire new system would be purchased and installed, including new handsets and all telephone-related servers and equipment. It is estimated that the total cost of a complete telephone system replacement would exceed $250,000.00. FUNDING Budget amendment 019 was approved by the Board of County Commissioners on June 18, 2013, to allocate funds for this upgrade from account number 31522019-066510-03006 in the amount of $134,399.43. FAPublic Works\Luanne M\Telecommunications\Agendas\NEC approval BCC 10-14-13.doc 241 Page Two Agenda item for Proposal for NEC PBX Systems Upgrade and Approval of NEC Corporation of America (NEC) as Sole Source Provider October 14, 2013 RECOMMENDATION Staff recommends that the Board of County Commissioners approve moving forward with the new PBX telephone systems upgrades for the County Administration site and County EOC site and approve NEC as the sole source organization to upgrade these two PBX telephone systems (Alternative#1 under "ANALYSIS" above). ATTACHMENTS Sole Source Form NEC Quotes DISTRIBUTION NEC Corporation APPROVED AGENDA ITEM Indian River Co. Approved Date For: October 22, 2013 Administration County Attorney B : to •. ' Budget ` t3 seph AY Baird, County Administrator Public Works io ,3 Telecommunications F:\Public Works\Luanne M\Telecommunications\Agendas\NEC approval BCC 10-14-13.doc 242 MEMORANDUM ® DATE: October 10. 2013 REQUISITION NO, TO: Purchasing Division FROM: Manuel Cabo (Division Head Signature) ee SUBJECT: Request for approval of"No Substitute". Sole Source, Sole Brand, or Single Source ITEM AND DESCRIPTION: NEC PBX Telephone Systems Upgrades for IRC Administration systems location and IRC EOC systems location Telecommunications systems upgrades. ades. We request approval of a"NO SUBSTITUE" specification for the purchase of the subject item(s) for the indicated below: (Check or fill in one reason only.) ❑ 1. Item(s) is (are)only acceptable replacement part(s) known for: (Identify) ❑ 2. Item must be physically or chemically compatible with: (Identify with existing item and explain) ❑ 3. Only item(s) approved by authorized evaluation for the use intended: (Explain) ❑4. Process or material storage compatibility: (Explain) ❑ 5. Parts and attachments interchangeability: (Explain) [16. Material and job interchangeability: (Explain) ❑ 7. Continuity of design: (Explain) /8. Other: (Explain) NEC PBX Telephone Systems are proprietary in nature and are not compatible with other manufacturer's PBX systems NEC PBX systems can only be reliably installed upgraded and supported by an NEC systems licensed dealer. Approval recommended: ❑ Yes ❑No Comment: Manager, Purchasing Division Revised Dec.2004 243 NEC NEC Corporation of America INDIAN RIVER COUNTY STATEMENT OF WORK Xiox CommView This Statement of Work ("SOW") is between NEC Corporation of America, a Nevada Corporation, having its principal place of business at 6535, North State Highway 161, Irving, TX 75063-2402 ("NEC") and INDIAN RIVER COUNTY having its principal place of business at 1800 27th Street Vero Beach, FL 32960 ("Client") and is effective as of the date last signed below ("Effective Date"). If Client and NEC have entered into a master purchase agreement or a similar separate written agreement ("Agreement'), this SOW is subject to the terms and conditions of the Agreement. Otherwise, this SOW will be subject to the Standard Terms and Conditions for Direct Sales of Equipment and Services posted at http://www.necam.com/Legal/?t=DirectSalesTerms. No prior oral or written communications between the parties or terms in the Client's purchase order will be binding upon NEC, unless otherwise expressly agreed to by NEC in writing. This SOW defines the specified hardware and software products("Equipment")and/or implementation services ("Services") that NEC will deliver to, or perform for Client(the"Project")in exchange for a fixed price. Equipment list(s) Site Name Product Description Quantity --IRC Administration 1800 271h Street Vero Beach, FL 32960 Shipping and Handling 1 CommView Multi-User Bundle 2000 1 CommView Multi-User Bundle includes: CommView Multi-User software (2000 extensions&5 concurrent administration users • WebReporter(Browser based reporting module) • Voice Network Optimization (Traffic Engineering) module • Automatic Reporting Distribution via E-Mail • On-Screen Drill down Reporting • Toll Fraud Tracking • ANI Reporting Capability @Comm Product Support & Software Maintenance(1 Year) Unlimited Deluxe Rate Table Updates (1 Year) CommView IF Software Buffer @Comm installation, configuration, &training(1) day remote IRC to provide server Labor Task Description 1. NEC to enable SMDR,Ioad software, work with IRC and @Comm 244 NEC NEC Corporation of America When NEC has completed the above deliverables (Project Completion), NEC will notify Client of Project Completion by dating and initializing this page in the space below. Client agrees to acknowledge Project Completion by initialing below and returning a copy to NEC within three (3)business days. Project Completion Date NEC Initials Client Initials 2. Pricing and Payment a)The total price for the Project is $5,751.43 (the "Total Project Price"). Sales taxes, if applicable, are not included in the Project Price but will be invoiced separately unless Client has provided NEC with a valid sales tax exemption certificate prior to the date of invoice. NEC will invoice Client for the total Project Price (plus applicable sales taxes) upon Project Completion. I b)The Project is anticipated to be completed not more than ninety(90)days from the Effective Date of this SOW. If Project Completion is delayed beyond such ninety day period for any reason, except for delayes caused by NEC, NEC many invoice Client for the sales price all Equipment and Services provided up to the point of the delay. c) Unless otherwise expressly agreed to by NEC in writing, payment is due within thirty (30) days from the date of invoice. d)The Project Price does not include change orders. Except for Equipment defects or unless otherwise expressly agreed to by NEC in writing, Equipment may not be returned after delivery and any requested additions will be processed as a separate order. Client will indicate its acceptance of this SOW by signing in the space below and issuing a purchase order for the Total Project Price, or initialing in the space below(only if no purchase order reference will be required). Agreed and Accepted: INDIAN RIVER COUNTY By : Name: Date Purchase Order Number: NEC will reference the purchase order number on the invoice for this SOW. If Client will NOT require NEC to reference a purchase order as a pre-condition for payment under this SOW Client must indicate this by initialing in the space below. If Client initials below, Client expressly agrees that the lack of a purchase order reference will not constitute cause for invoice dispute or withholding of payment. Client initial: INDIAN RIVER COUNTY(2013-28122) 2 of 2 245 Empowered by Innovation NECPrice Quotation Name: INDIAN RIVER COUNTY Quote Number:2013-27993 Rep: Scott Singer Address: 1800 27th Street Date: 10/7/2013 Phone: 1 (561) 995-5377 Payment Terms: Net 30 Cell: Vero Beach, FL 32960 Expiration Date: 10/30/2013 Fax: +1 270 7211373 Phone: 772-226-1318 PO#: Email: scott.singer@necam.com 1 Fax: Address: 1001 Yamato Road 1001 Yamato Road Suite 105 Email: mcabo@ircgov.com Boca Raton, FL 33431 Contact: Manny Cabo Website: http://www.necam.rom NumberQuantity Part . . n Sale Price Extended Sale Price Hardware 1 FRGHT SHIPPING AND HANDLING $673.80 $673.80 1 8500000 SV8500 SYSTEM $1,401.58 $1,401.58 1 8510000 SV8500 DVD $0.00 $0.00 1 8510009 85-110 S7 MAIN SYSTEM $0.00 $0.00 1 8510100 SV8500 GENERIC SOFTWARE LICENS $0.00 $0.00 1 8510401 SV8500 CCIS/FCCS NETWORK OPTIO $0.00 $0.00 1 8510560 SV8500 50 ACD AGENTS OPTION LI $0.00 $0.00 40 8510800 SV8500 IP ENDPOINT LICENSE $0.00 $0.00 24 8510975 SV8500 P2P CCIS (1CH) LICENSE $80.13 $1,923.12 5 8510999 SV8500 384 PORT CAPACITY OPTIO $0.00 $0.00 2 8520003 SN1751 PWRMAB $693.18 $1,386.36 2 8520008 SCG-GT00-A $505.03 $1,010.06 1 8520010 SCG-1000-A $782.30 $782.30 4 8520011 UNIVERGE SV8500 PIR $1,326.93 $5,307.72 4 8520013 UNIVERGE SV8500 FANU(H) $732.78 $2,931.12 4 8520017 GPP1 U RACK AA RACK $663.46 $2,653.84 INDIAN RIVER COUNTY 1 of 21 246 8 8520018 GPR-48-1000N PWR $732.78 $5,862.24 4 8520020 PWR ALM CA-B $43.57 $174.28 1 8520021 SV8500 SPARE FUSE-A $130.10 $130.10 1 8520029 SCG-M03-A $356.49 $356.49 2 8520033 CF-8GB PROGRAMMED $207.95 $415.90 2 8520050 SCF-CP02-A $4,852.21 $9,704.42 1 8520051 SCG-PC00-B $861.52 $861.52 1 8528000 PIR BUS-MUSIC CA-A $84.27 $84.27 1 8528001 D37-PS40 CA-A $73.28 $73.28 1 8528002 D15 ST-FF CA-A $69.32 $69.32 1 8528003 D 15 ST-F CA-A $69.32 $69.32 2 8528004 D37-SC50 CA-A $142.59 $285.18 3 8528006 D15 ST CA-A $66.34 $199.02 6 8528008 D25 CRS CA-A $95.06 $570.36 12 8528010 MT24-D25 CA-A $64.36 $772.32 4 8528015 3P PWR CA-A $19.81 $79.24 4 8528016 3P PWR CA-B $19.81 $79.24 1 8528017 SV 4PORT CA-A $237.66 $237.66 4 8528018 SV8500 GC POWER CABLE KIT -AC $24.38 $97.52 1 8528021 D 15F EXALM CA-A $87.14 $87.14 1 8528400 2400 RS-232C CA-1 $38.69 $38.69 10 8528404 PWRC100V-ULCSA-S-3M $31.99 $319.90 1 8535000 CHIP KIT SP-785 (16LCBE PROG-A $91.41 $91.41 5 8535002 CHIP KIT SP-3102 (16LCBH-A PRO $91.41 $457.05 1 8535100 CHIP KIT SP-3125 (16ELCH PROG- $182.82 $182.82 3 8535103 CHIP KIT SP-3935 (16ELCJB PROG $228.51 $685.53 3 8535202 CHIP KIT SP-3713 (16COTBE PROG $36.56 $109.68 2 8535240 CHIP KIT SP-3002 (8TLTR PROG-A $36.56 $73.12 1 8535250 CHIP KIT SP-3010 (24DTR PROG-A $36.56 $36.56 2 8535270 CHIP KIT SP-3029 (24PRTBA PROG $73.12 $146.24 1 8535285 CHIP KIT SW-200 (24CCT PROG-A) $36.56 $36.56 1 8535290 CHIP KIT SP-882 (4DATB PROG-A) $36.56 $36.56 2 8535301 CHIP KIT SW-075 (8RSTK PROG-A) $36.56 $73.12 1 8535355 CHIP KIT SW-227 (ADLI PROG-A) $36.56 $36.56 INDIAN RIVER COUNTY 2 of 21 247 2 8535357 CHIP KIT SW-368 (2WDAI PROG-H) $36.56 $73.12 1 8535380 CHIP KIT SP-188 (CS02 PROG-A) $36.56 $36.56 1 8535400 CHIP KIT SW-450 (IPPAD PROG-E) $182.82 $182.82 1 8540091 SV8500 REPLACING MMG SYSTEM $0.00 $0.00 1 8540100 SV8500 LICENSE TRANSFER $1,523.46 $1,523.46 1 542226 EXPRESS5800 1U/WIN OS/BRONZE (CCWORX) $4,104.99 $4,104.99 1 MH000001 MISC HARDWARE $269.52 $269.52 1 76ATT113 PART# 107058901 110AA2-100FT B $31.36 $31.36 1000 731WC012 1 PR 24AWG CROSS CONN WH/BLUE $0.05 $50.00 1 986905 IPRC 24 HOUR LICENSE $59.29 $59.29 Hardware Subtotal: $46,933.64 Services LBRNPRMTECH13 NEC to provide SV8500 GC migration for EOC. This is an AC powered system to eliminate the need for DC power. There are (4) GC's and 1 virtual PIM. All cards and phones to be reused. Database to remain the same. Upgrade CCWORX to latest software. After hours cutover. LBRNPRMTECH13-OT LBRNPRMPM13 Services Subtotal: $19,350.09 Maintenance 390000301 SOFTWARE ASSURANCE S8500 1 YEAR CONTRACT $0.00 8510999081 SWA SV8500 $3,471.60 390000302 SOFTWARE ASSURANE CCWORX 2 YEAR CONTRACT $0.00 0222299081 SWA CCDesign CCWORX $1,131.68 Maintenance Subtotal: $4,603.28 Total :: 1180!027th Street Vero Beach, FL 32960 All Purchase Orders must be issued to NEC CORPORATION OF AMERICA. INDIAN RIVER COUNTY 3 of 21 248 N EC NEC Corporation of America INDIAN RIVER COUNTY FIXED PRICE STATEMENT OF WORK IRC ADMIN SV8500 MIGRATION This Statement of Work ("SOW') is governed by and made part of the (the "Agreement') between NEC Corporation of America, a Nevada Corporation, having its principal place of business at 6533 North State Highway 161, Irving, TX 75039-2402 ("NEC") and INDIAN RIVER COUNTY having its principal place of business at 1800 271h Street Vero Beach, FL 32960 ("Client') and is effective as of the date last signed below ("Effective Date"). This SOW defines the Equipment and Services that NEC will deliver to, or perform for Client (the "Project") in exchange for a fixed price. Agreed and Accepted: 4 INDIAN RIVER COUNTY NEC CORPORATION OF AMERICA By: By: Name: Name: Title: Title: I Date: Date: i INDIAN RIVER COUNTY (2013-27993 ) 4 of 21 249 0 NEC NEC Corporation of America 1. Project Summary NEC to provide SV8500 GC migration for Administration. This is an AC powered system to eliminate the need for DC power. IRC will provide Generator backup. There are (4) GC's and 1 virtual PIM. A new T30 CPU will be provided. All cards and phones to be reused. Firmware chip-kits will be installed on existing cards to bring up to current standards. The SV8500 system will be installed in existing an IRC provided rack. The existing switch tails will be utilized. Install new Express 5800 server and upgrade CallCenterWorX to latest version (25 agent and 2 supervisors). The database to remain the same so no end user training is included. NEC will provide system administration training with PCPRO software. The price includes an after-hours cutover. All of the equipment, software, and NEC services per the attached quote will be provided for the upgrade. The current maintenance agreement will cover any parts and labor support after the upgrade and be revised on the anniversary date of the renewal. 2. Project Description A. Project Management B. Install chip kit firmware on existing cards in existing 24001PX C. Database extraction and conversion from the 24001PX to the SV8500 D. Install SV8500 hardware in IRC provide rack E. Apply new SV8500 database F. Night of cutover remove cards from 2400 and install in SV8500 GCs G. Pretest prior to cutover H. Reuse exsitng switch tails and terminate on SV8500 GCs I. Connect Telco to SV8500 J. Test terminals and CCIS and voicemail connectivity K. Cutover System M. First day of cotover coverage N. Activate Software Assurance INDIAN RIVER COUNTY(2013-27993 ) 5 of 21 250 NEC NEC Corporation of America Equipment list(s) Site Name Product Description Quantity --Indian River County Administration SHIPPING AND HANDLING 1 SV8500 SYSTEM 1 SV8500 DVD 1 85-110 S7 MAIN SYSTEM 1 SV8500 GENERIC SOFTWARE LICENS 1 SV8500 CCIS/FCCS NETWORK OPTIO 1 SV8500 50 ACD AGENTS OPTION LI 1 SV8500 IP ENDPOINT LICENSE 40 SV8500 P2P CCIS (1CH) LICENSE 24 SV8500 384 PORT CAPACITY OPTIO 5 SN1751 PWRMAB 2 SCG-GT00-A 2 SCG-1000-A 1 UNIVERGE SV8500 PIR 4 UNIVERGE SV8500 FANU(H) 4 GPP1 U RACK AA RACK 4 GPR-48-1000N PWR 8 PWR ALM CA-B 4 SV8500 SPARE FUSE-A 1 SCG-M03-A 1 CF-8GB PROGRAMMED 2 SCF-CP02-A 2 SCG-PC00-B 1 PIR BUS-MUSIC CA-A 1 D37-PS40 CA-A 1 D15 ST-FF CA-A 1 D15 ST-F CA-A 1 D37-SC50 CA-A 2 4w INDIAN RIVER COUNTY(2013-27993 ) 6 of 21 251 NEC NEC Corporation of America D15 ST CA-A 3 D25 CRS CA-A 6 MT24-D25 CA-A 12 3P PWR CA-A 4 3P PWR CA-B 4 SV 4PORT CA-A 1 SV8500 GC POWER CABLE KIT-AC 4 Dl 5F EXALM CA-A 1 2400 RS-232C CA-1 1 PWRC 100V-ULCSA-S-3M 10 CHIP KIT SP-785 (16LCBE PROG-A 1 CHIP KIT SP-3102(16LCBH-A PRO 5 CHIP KIT SP-3125(16ELCH PROG- 1 CHIP KIT SP-3935(16ELCJB PROG 3 CHIP KIT SP-3713 (16COTBE PROG 3 CHIP KIT SP-3002 (8TLTR PROG-A 2 CHIP KIT SP-3010(24DTR PROG-A 1 CHIP KIT SP-3029 (24PRTBA PROG 2 CHIP KIT SW-200(24CCT PROG-A) 1 CHIP KIT SP-882 (4DATB PROG-A) 1 CHIP KIT SW-075 (8RSTK PROG-A) 2 CHIP KIT SW-227 (ADLI PROG-A) 1 CHIP KIT SW-368 (2WDAI PROG-H) 2 CHIP KIT SP-188 (CS02 PROG-A) 1 CHIP KIT SW-450 (IPPAD PROG-E) 1 SV8500 REPLACING MMG SYSTEM 1 SV8500 LICENSE TRANSFER 1 EXPRESS5800 1 U/WIN OS/BRONZE (CCWORX) 1 MISC HARDWARE ONLY 1 PART# 107058901 110AA2-100FT B 1 1PR 24AWG CROSS CONN WH/BLUE 1000 IPRC 24 HOUR LICENSE 1 INDIAN RIVER COUNTY(2013-27993 ) 7 of 21 252 NEC NEC Corporation of America Service list(s) Labor Site Name Task Description Indian River County Admin 1. Project Management 2. Installation Labor 3. Overtime Cutover Maintenance Site Name Product Description Quantity IL --Indian River County Administration SOFTWARE ASSURANCE SV8500 1 YEAR CONTRACT SWA SV8500 1 SWA CCDesign CCWORX 60 SOFTWARE ASSURANCE 2 YEAR CONTRACT 88 1 INDIAN RIVER COUNTY (2013-27993) 8of21 1- 253 r NEC NEC Corporation of America 3. Definitions Capitalized terms not otherwise defined in this SOW or the Agreement have the following meanings: 3.1 "Deliverables" means the Equipment and Services plus any other tangible items (e.g., reports, project plans, checklists, etc.) to be provided to Client as specified in this SOW. 3.2 "Equipment" means both hardware products and Software sold, licensed, or installed as specified in this SOW. 3.3 "Project Completion" refers to that point in the Project when NEC has completed the Services and provided the Deliverables to Client. 3.4 "Services" means the installation, maintenance, professional, or other related services as specified in this SOW. 3.5 "Software" means the machine-readable object code software programs - if any - licensed by NEC or its suppliers as specified in this SOW. 4. Project Schedule NEC will confer with Client within five (5) business days after the Effective Date of this SOW, to define a Project schedule. The Project schedule will include, but is not limited to, the Project commencement date, any significant Project milestones, and the anticipated Project Completion date. 5. Responsibilities of the Parties 5.1 NEC responsibilities 51. 1 NEC will assign a project manager ("NEC Project Manager") to serve as NEC's primary contact for all aspects of this Project, including: Project scheduling, defining Project requirements, change control, escalation, implementation planning, and Project Completion. 5. 1.2 NEC will designate a back-up contact when the NEC Project Manager is not available. 5. 1.3 On or after Project Completion, NEC will notify the Client that the Project is complete INDIAN RIVER COUNTY (2013-27993 ) 9 of 21 254 NEC NEC Corporation of America by presenting the Project Completion Checklist (Schedule A). 51.4 NEC will promptly correct Punch List items properly identified by Client in accordance with the requirements of Section 5.2.9 below, and upon completion, NEC will resubmit the Project Completion Checklist to Client. 51.5 Additional NEC responsibilities may be itemized in the Project Description (Section 2) above. 5.2 Client Responsibilities 52. 1 Client will assign an individual to serve as Client's primary contact ("Primary Contact") for all aspects of the Project, including: Project scheduling, defining Project requirements, ensuring availability of necessary Client staff and delivery of all necessary information, arranging all necessary site access, change control, escalation, implementation planning, and Project Completion. 52.2 Client will designate a back-up contact for occasions when the Primary Contact is not available ("Secondary Contact"). The Secondary Contact must have the authority to act on Client's behalf for all aspects of the Project in the absence of the Primary Contact. 5.2.3 For Services performed on Client premises, Client will provide NEC staff with building access and an adequate work environment, including LAN and Internet connectivity, desks, phones, printer, whiteboard, and other standard office resources as reasonably required for NEC to perform the Services. 5.2.4 For Services performed remotely from Client premises, Client will provide NEC staff with a remote access solution that has sufficient performance and reliability as to allow NEC to complete the Services in a timeframe that is consistent with the mutually agreed upon Project schedule. 5.2.5 Client will review all Deliverables provided in accordance with the mutually agreed upon Project schedule, and will communicate any perceived material deficiencies in a INDIAN RIVER COUNTY (2013-27993 ) 10 of 21 255 NEC NEC Corporation of America timeframe that will allow NEC to validate such deficiencies, and if validated, correct and resubmit the Deliverables so that subsequent activities that will not be materially delayed. 5.2.6 Client will ensure that any Client staff needed to allow NEC to complete the Project will be made available on an as-needed basis. 5.2.7 Client will ensure that Client staff are sufficiently qualified and familiar with the goals of the Project, and the products, techniques, and technologies used in the Project to allow them to carry out their respective duties and assignments. 5.2.8 Client will provide all documentation to NEC, that is needed for NEC to complete the Project including, but not limited to copies of Client's standards, policies, and specifications applicable to the Project. This documentation will be provided in a timeframe that is consistent with the Project schedule. 5.2.9 Within ten (10) days after receipt of the Project Completion Checklist, Client will either: (a) promptly sign the Project Completion Checklist (Schedule A) and return it to NEC or (b) provide NEC with a written notification ("Punch List") detailing how the Project fails to materially conform with the then-current requirements of this SOW. Items that are not expressly included in the then-current scope of the Project shall not qualify as Punch List items. If Client fails to provide a Punch List or sign and return the Project Completion Checklist to NEC within ten (10) days of receipt, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 below. 5.2. 10 Upon NEC's correction of all bona fide Punch List items, Client will promptly sign the Project Completion Checklist (Schedule A) and return it to NEC_ If Client fails to sign and return the Project Completion Checklist to NEC within five (5) days of NEC's completion of Punch List items, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 below. 5.2. 11 Additional Client responsibilities may be itemized in the Project Description (Section 2) above. INDIAN RIVER COUNTY (2013-27993 ) 11 of 21 256 NEC NEC Corporation of America 6. Pricing and Payment The total price for the Project is $70,887.01 (the "Project Price"). Sales taxes, if applicable, are not included in the Project Price but will be invoiced separately unless Client has provided NEC with a valid sales tax exemption certificate prior to the date of invoice. NEC will invoice Client for the Project Price (plus applicable sales taxes) in accordance with the billing schedule below. Unless otherwise expressly agreed to by NEC in writing, payments are due within thirty (30) days from the date of invoice. Equipment: $46,933.64 Equipment Price invoiced upon delivery of Equipment (in whole or in part) to the site specified by Client. Services: $23,953.37 50% of Services Price $11,976.69) invoiced upon the execution of this SOW. 50% of Services Price $11,976.69 ) invoiced upon Project Completion. NEC is not obligated to commence performance of the Project until Client has remitted the initial payment for Services as described above. The Project Price does not include Change Orders. Unless otherwise expressly agreed to by the parties in writing, all Change Orders will be invoiced upon Project Completion. CLIENT PURCHASE ORDER REQUIREMENTS - Client must indicate which of the following applies to the official purchase order('PO')requirements of its organization, by initialing one of the items below- Client will require NEC to reference a valid purchase order ("PO") as a pre-condition for payment under this SOW, and is providing a copy of the PO concurrent with Client's execution of this SOW. PURCHASE ORDER# (Copy of PO must be provided with the SOW) i' INDIAN RIVER COUNTY (2013-27993 ) 12 of 21 257 (Moe NEC NEC Corporation of America Client Initials Client will require NEC to reference a PO as a pre-condition for payment under this SOW, but is not providing the PO with this SOW. Client will issue the PO to NEC for the Project Price within ten (10) days after Client's execution of this SOW. NEC is NOT obligated to commence performance on the Project until NEC has received a valid PO, issued in accordance with the Client's procurement policies. Client Initials Client will NOT require NEC to reference a PO as a pre-condition for payment under this SOW. The lack of a PO reference will not constitute cause for invoice dispute or withholding of payment. Client Initials 7. Assumptions and Limitations 7.1 If Equipment is being installed, Client will supply, at its sole cost and expense, an environment that meets all the applicable requirements for the Equipment. 7.2 Client will fulfill all Client responsibilities outlined above. NEC's ability to provide Deliverables may be affected if Client does not fulfill its responsibilities in Section 5.2 above and (if applicable) the Project Description. 7.3 Except as otherwise specified in the Project Description, all Services to be performed Monday through Friday 8:00 AM to 5:00 PM local time (for the applicable site), excluding any NEC observed holidays ("Normal Business Hours"). If Client requires Services to be performed outside of Normal Business Hours, such Services will be subject to additional charges based on NEC's prevailing rates for overtime, weekends or holidays, as applicable. 7.4 Unless otherwise agreed to by NEC in writing, the Client's network architecture design will not change between the date of Client's execution of this SOW and Project Completion. INDIAN RIVER COUNTY (2013-27993 ) 13 of 21 258 NEC NEC Corporation of America 7.5 Unless otherwise agreed to by NEC in writing, NEC does not guarantee the assignment of any specific personnel for this Project. NEC requires a minimum Project schedule extension of 30 days for any personnel change requests made by Client. 7.6 NEC will be relieved of a milestone commitment if Client's tasks or milestone dates for that milestone are not met. 7.7 If the scope of the Project expands beyond the Deliverables defined in this SOW, Client may be required to pay NEC additional fees and expenses incurred by NEC. The following are not covered under this SOW: 7.8 Support or replacement of any Equipment due to (a) Client's unauthorized maintenance or repair of the Equipment, (b) Client's unauthorized add, move, or changes to the Equipment, (c) unusual physical, electrical or electromagnetic stress (d) Client negligence or abuse of the Equipment, including connection to inappropriate power supplies, (e) fire, flood, wind, lightning, or other similar acts of God, (f) failure of Client to maintain proper environmental conditions for the Equipment (g) improper wiring, installation, repair, or alteration of the software or hardware by anyone other than NEC or its agents, (h) software changes or attempted changes in the Equipment by persons not authorized by NEC (i) database reprogramming required because of Client error of any kind (j) failure of rotation media not furnished by NEC (k) operation of the Equipment with other third party products not in accordance with the Equipment manufacturer's specifications (1) failures or other problems caused by products for which NEC is not otherwise contractually responsible or (n) Equipment failures due to causes other than ordinary use. 7.9 Any hardware upgrades, not specifically included in this SOW, but required to run new or updated Software. 8. CHANGE MANAGEMENT PROCEDURES It may be necessary to amend this SOW for reasons including, but not limited to, the following: r INDIAN RIVER COUNTY (2013-27993 ) 14 of 21 259 NEC NEC Corporation of America 8.1 Client's proposed changes to the scope of the Project or proposed changes to the specifications for the Services or other Deliverables. 8.2 Client's proposed changes to the Project plan or Project schedule, 8.3 Unavailability of resources which are beyond either party's control; or, 8.4 Environmental or architectural conditions not previously identified. In the event either party desires to change this SOW, the following procedures will apply: 8.5 The party requesting the change will deliver a "Change Request" (Schedule B) to the other party. The Change Request will describe the nature of the proposed change; the reason for the change, and the effect the change will have on the Project, which may include changes to the Deliverables and the Project schedule. 8.6 A Change Request may be initiated by either party for any changes to the SOW. The NEC Project Manager and the Primary Contact will review the Change Request and negotiate, in good faith, any changes to the Deliverables and additional charges, if any, required to implement the Change Request, 8.7 If both parties agree to implement the Change Request, an authorized representative of each party will sign the Change Request, and (if applicable) Client will issue a revised PO to NEC. Upon execution of the Change Request by both parties, it will be made a part of this SOW and become a binding change order ("Change Order"). 8.8 NEC is under no obligation to proceed with any Change Request until such time as the Change Request has been agreed upon by both parties, and Client has issued a revised INDIAN RIVER COUNTY (2013-27993 ) 15 of 21 260 NEC NEC Corporation of America PO (if required for Client's invoice approval process). 8.9 If there is a conflict between the terms and conditions in any Change Order and the terms and conditions of this SOW, or the terms and conditions of any other Change Order, the terms and conditions of the most recent Change Order will prevail. 9. POST-PROJECT LABOR SUPPORT Post cutover support is included until acceptance of the project. Post project support will be covered by existing maintenance agreement. This will be adjusted on the anniversary date of the maintenance renewal. Unless due to causes excluded from coverage in subsection 7.8 and 7.9 above, NEC agrees to provide support without additional charge for labor if any portion of the Equipment fails to work during the Post Project Coverage Term. NEC may provide the Services under this Section from a remote location. NEC reserves the right to conduct an annual review of the installed Equipment and ma y require additional fees as a condition for providing labor coverage for any equipment installed subsequent to Project 10.0 SOFTWARE ASSURANCE NEC will make available, at no charge, to Customer, the most current commercially available Major Release, Minor Release, or Update, should any be made available. Such support for a particular Major Release, is available only until NEC or the third party, as applicable withdraws Support for that Software. When Support is withdrawn, Customer must upgrade to a supported Major Release of the Software in order to continue to receive Support. The NEC Customer Service Center (CSC) provides assistance via telephone and, if available, electronic access, to Customer technical support personnel during the normal business hours. NEC may request remote access to Customers system in order to provide the Services. Services does not include assistance for 1) the design and development of applications, 2) use of NECs Software in other than their specified operating environment or 3) failures caused by products for which NEC is not responsible. For most Software, including Additional Modules, a minimum of one (1) year of Services must be purchased. NEC will provide INDIAN RIVER COUNTY (2013-27993 ) 16 of 21 261 MEC NEC Corporation of America Services for an initial term of one year for the SV8500 and two years for CallCenterWorX for which Customer has paid the applicable Fees, unless a different term is expressly provided for in the applicable Order. Except as otherwise expressly set forth herein or in the applicable Order, Services previously purchased will automaticallyrenew for successive one 1 ( ) year terms subject to Section 2. Upon any renewal, NECs then-current terms and conditions for the Services and this Agreement will apply, unless either party gives written notice of its intent not to renew at least thirty (30) days prior to the end of the current Term. A decision to terminate Services or otherwise not renew Services will not terminate the applicable Software Licenses. Software Assurance commencement is system cutover date. 11. COMPLETE CONTRACT This SOW, along with the Agreement, is the complete agreement between the parties concerning the Project and supersedes any prior oral or written communications between the parties with regard to I the subject matter contained herein. The provisions of this SOW govern only the subject matter hereof and shall not apply to any other subject matter covered by the Agreement. INDIAN RIVER COUNTY (2013-27993 ) 17 of 21 262 NEC NEC Corporation of America SCHEDULE A Project Completion Checklist When NEC has achieved Project Completion, NEC will submit this checklist to Client. Within 10 days of receipt, Client will either (a) sign and return this checklist to NEC as confirmation that the Project is complete, or (b) provide NEC with written notice ("Punch List") specifically detailing how the Project fails to materially conform to the specifications of this SOW. If Client fails to provide a Punch List or sign and return this checklist to NEC within 10 days of receipt, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 of the SOW. NEC will promptly correct any Punch List items properly identified by Client in accordance with the requirements of the SOW and upon completion, resubmit this checklist to Client. Upon NEC's correction of all bona fide Punch List items, Client will promptly sign this checklist and return it to NEC. If Client fails to sign and return this checklist to NEC within five (5) days of NEC's correction of Punch List items, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 of the SOW. Address to be determined IMPLEMENTATION TASKS/DELIVERABLES COMPLETED? DATE 1. Install chip kits and convert database 2. Install SV8500 hardware and software 0 3. Project Management, cutover and cutover support 0 This is to confirm that as of _/_/20_ NEC has completed Services and provided the Deliverables under the IRC Admin SV8500 Migration SOW effective _/_/20_. INDIAN RIVER COUNTY (2013-27993 ) 18 of 21 263 NEC NEC Corporation of America Agreed and Accepted: INDIAN RIVER COUNTY NEC CORPORATION OF AMERICA By: By: Name: Name: Title: Title: Date: Date: INDIAN RIVER COUNTY(2013-27993 ) 19 of 21 264 NEC NEC Corporation of America SCHEDULE B Change Request In accordance with Section 8 of the SOW (Change Management Procedures), NEC Corporation of America, Inc. ("NEC') and INDIAN RIVER COUNTY ("Client"), certify, by the signature of an authorized representative, that this Change Management Request will amend and be fully incorporated into the existing Statement of Work (SOW) for IRC Admin. 1. Change Request Number: 2. Reason for Change Request: 3. Changes to SOW: 4. Schedule Impact: 5. Cost Impact: SOW/Change Request Equipment Services Total a. Previous Project Price b. Change Order Price C. New Value of SOW: Unless otherwise expressly agreed to by the parties in writing, all Change Orders will be invoiced or credited upon Project Completion. Sales taxes, if applicable, are not included in the Change Order Price but will be invoiced separately unless Client has provided NEC with a valid sales tax exemption certificate prior to the date of invoice. 6. Purchase Order Issuance (check here, if applicable): 0 Client will issue a written PO to NEC, or will issue an amendment to the original PO issued under this SOW, for the total Change Order Price. INDIAN RIVER COUNTY (2013-27993 ) 20 of 21 265 NEC NEC Corporation of America Except as changed herein, all terms and conditions of the SOW remain in full force and effect. Upon execution by authorized representatives of the parties, this Change Request becomes a binding change order ("Change Order"). INDIAN RIVER COUNTY NEC CORPORATION OF AMERICA By: By: Name: Name: Title: Title: Date: Date: INDIAN RIVER COUNTY (2013-27993 ) 21 of 21 266 Empowered by Innovation NECPrice Quotation Name: INDIAN RIVER COUNTY Quote Number: 2013-28021 Rep: Scott Singer Address: 1800 27th Street Date: 10/7/2013 Phone: 1 (561) 995-5377 Payment Terms: Net 30 Cell: Vero Beach, FL 32960 Expiration Date: 10/31/2013 Fax: +1 270 7211373 Phone: 772-226-1318 PO#: Email: scott.singer@necam.com Fax: Address: 1001 Yamato Road 1001 Yamato Road Suite 105 Email: mcabo@ircgov.com Boca Raton, FL 33431 Contact: Manny Cabo Website: http://www.necam.com NumberQuantity Part Description Sal- Price Extended Sale Price Hardware 1 FRGHT SHIPPING AND HANDLING $750.35 $750.35 1 8500000 SV8500 SYSTEM $1,540.08 $1,540.08 1 8510000 SV8500 DVD $0.00 $0.00 1 8510009 85-110 S7 MAIN SYSTEM $0.00 $0.00 1 8510100 SV8500 GENERIC SOFTWARE LICENS $0.00 $0.00 1 8510401 SV8500 CCIS/FCCS NETWORK OPTIO $0.00 $0.00 40 8510800 SV8500 IP ENDPOINT LICENSE $0.00 $0.00 24 8510975 SV8500 P2P CCIS (1CH) LICENSE $88.05 $2,113.20 3 8510999 SV8500 384 PORT CAPACITY OPTIO $0.00 $0.00 2 8520003 SN1751 PWRMAB $761.67 $1,523.34 2 8520008 SCG-GT00-A $554.93 $1,109.86 1 8520010 SCG-1000-A $859.60 $859.60 2 8520011 UNIVERGE SV8500 PIR $1,458.05 $2,916.10 2 8520013 UNIVERGE SV8500 FANU(H) $805.19 $1,610.38 2 8520017 GPP1 U RACK AA RACK $729.03 $1,458.06 4 8520018 GPR-48-1000N PWR $805.19 $3,220.76 INDIAN RIVER COUNTY 1 of 21 267 2 8520020 PWR ALM CA-B $47.87 $95.74 1 8520021 SV8500 SPARE FUSE-A $142.96 $142.96 1 8520029 SCG-M03-A $39171 $39171 4 8520033 CF-8GB PROGRAMMED $228.50 $914.00 2 8520050 SCF-CP02-A $5,331.67 $10,663.34 1 8520051 SCG-PC00-B $946.64 $946.64 1 8528000 PIR BUS-MUSIC CA-A $87.33 $87.33 1 8528001 D37-PS40 CA-A $80.51 $80.51 1 8528002 D15 ST-FF CA-A $76.16 $76.16 1 8528003 D15 ST-F CA-A $76.16 $76.16 2 8528004 D37-SC50 CA-A $156.69 $313.38 1 8528006 D15 ST CA-A $72.90 $72.90 2 8528008 D25 CRS CA-A $104.46 $208.92 4 8528010 MT24-D25 CA-A $70.73 $282.92 2 8528015 3P PWR CA-A $21.76 $43.52 2 8528016 3P PWR CA-B $21.76 $43.52 1 8528017 SV 4PORT CA-A $261.14 $261.14 2 8528018 SV8500 GC POWER CABLE KIT -AC $26.79 $53.58 1 8528021 D15F EXALM CA-A $95.76 $95.76 1 8528400 2400 RS-232C CA-1 $42.51 $42.51 6 8528404 PWRC100V-ULCSA-S-3M $35.15 $210.90 1 8535002 CHIP KIT SP-3102 (16LCBH-A PRO $100.44 $100.44 1 8535003 CHIP KIT SP-3251 (16LCBH-B PRO $100.44 $100.44 1 8535005 CHIP KIT SP-3396 (16LCBX PROG- $100.44 $100.44 2 8535103 CHIP KIT SP-3935 (16ELCJB PROG $251.10 $502.20 1 8535270 CHIP KIT SP-3029 (24PRTBA PROG $80.35 $80.35 1 8535285 CHIP KIT SW-200 (24CCT PROG-A) $40.17 $40.17 1 8535290 CHIP KIT SP-882 (4DATB PROG-A) $40.17 $40.17 1 8535302 CHIP KIT SW-338(8RSTL PROG-A) $40.17 $40.17 1 8535303 CHIP KIT SW-375(BRSTY PROG-A) $40.17 $40.17 1 8535400 CHIP KIT SW-450(IPPAD PROG-E) $200.88 $200.88 1 8540090 SV8500 REPLACING IMG SYSTEM $0.00 $0.00 1 8540100 SV8500 LICENSE TRANSFER $1,673.99 $1,673.99 1 MH000001 MISC HARDWARE ONLY (TO GRAYBAR $300.14 $300.14 INDIAN RIVER COUNTY 2 of 21 268 1 986905 IPRC 24 HOUR LICENSE $66.03 $66.03 1 55053-703 19 INCH FULL RACK $178.58 $178.58 Hardware Subtotal: $35,669.50 Services LBRNPRMTECH13 NEC to provide SV8500 GC migration for EOC. This is an AC powered system to eliminate the need for DC power. There are (2) GC's and 1 virtual PIM. All cards and phones will be reused. NEC to provide new 2 post rack. Database to remain the same. After hours cutover. LBRNPRMTECH13-OT LBRNPRMPM13 Services Subtotal: $19,350.09 Maintenance 390000301 SOFTWARE ASSURANCE 1 YEAR CONTRACT $0.00 8510999081 SWA SV8500 $2,741.40 Maintenance Subtotal: $2,741.40 (W Total Price: $57,760.99 "Emergencyerations Center 4225 43rd Avenue Vero Beach, FL 32960 All Purchase Orders must be issued to NEC CORPORATION OF AMERICA. INDIAN RIVER COUNTY 3 of 21 269 NEC NEC Corporation of America INDIAN RIVER COUNTY FIXED PRICE STATEMENT OF WORK IRC EOC SV8500 MIGRATION This Statement of Work ("SOW") is governed by and made part of the (the "Agreement") between NEC Corporation of America, a Nevada Corporation, having its principal place of business at 6533 North State Highway 161, Irving, TX 75039-2402 ("NEC") and INDIAN RIVER COUNTY having its principal place of business at 1800 27th Street Vero Beach, FL 32960 ("Client") and is effective as of the date last signed below ("Effective Date"). This SOW defines the Equipment and Services that NEC will deliver to, or perform for Client (the "Project") in exchange for a fixed price. Agreed and Accepted: r INDIAN RIVER COUNTY NEC CORPORATION OF AMERICA By: By: Name: Name: Title: Title: Date: Date: INDIAN RIVER COUNTY (2013-28021 ) 4 of 21 270 NEC NEC Corporation of America 1. Project Summary NEC to provide SV8500 GC migration for EOC. This is an AC powered system to eliminate the need for DC power. IRC will provide Generator backup. There are (2) GC's and 1 virtual PIM. A new T30 CPU will be provided. All cards and phones to be reused. Firmware chip-kits will be installed on existing cards to bring up to current standards. The SV8500 system will be installed in new NEC provided 2 post rack. The existing switch tails will be utilized. The database to remain the same so no end user training is included. NEC will provide system administration training with PCPRO software. The price includes an after-hours cutover. All of the equipment, software, and NEC services per the attached quote will be provided for the upgrade. The current maintenance agreement will cover any parts and labor support after the upgrade and be revised on the anniversary date of the renewal. 2. Project Description A. Project Management B. Install chip kit firmware on existing cards in existing 24001PX C. Database extraction and conversion from the 24001PX to the SV8500 D. Install SV8500 hardware in NEC provided 2 post rack E. Apply new SV8500 database F. Night of cutover remove cards from 2400 and install in SV8500 GCs G. Pretest prior to cutover H. Reuse exsitng switch tails and terminate on SV8500 GCs I. Connect Telco to SV8500 J. Test terminals and CCIS and voicemail connectivity K. Cutover System M. First day of cotover coverage N. Activate Software Assurance INDIAN RIVER COUNTY 2013-28021 5 of 21 271 NEC NEC Corporation of Arnerica Equipment list(s) Site Name Product Description Quarft --Indian River County Emergency Operations Center SHIPPING AND HANDLING 1 1 SV8500 SYSTEM 1 SV8500 DVD 1 85-110 S7 MAIN SYSTEM SV8500 GENERIC SOFTWARE LICENS 1 SV8500 CCIS/FCCS NETWORK OPTIO 1 SV8500 IP ENDPOINT LICENSE 40 SV8500 P2P CCIS (ICH) LICENSE 24 SV8500 384 PORT CAPACITY OPTIO 3 2 SN1751 PWRMAB 2 SCG-GT00-A SCG-1000-A I UNIVERGE SV8500 PIR 2 UNIVERGE SV8500 FANU(H) 2 2 GPP1 U RACK AA RACK 4 GPR-48-1000N PWR 2 PWR ALM CA-B 1 SV8500 SPARE FUSE-A 1 SCG-M03-A 4 CF-8GB PROGRAMMED 2 SCF-CP02-A 1 SCG-PC00-B 1 PIR BUS-MUSIC CA-A 1 D37-PS40 CA-A 1 D15 ST-FF CA-A 1 D15 ST-F CA-A 2 D37-SC50 CA-A 1 D15 ST CA-A INDIAN RIVER COUNTY (2013-28021 ) 6 of 21 272 NEC NEC Corporation of America D25 CRS CA-A MT24-D25 CA-A 4 3P PWR CA-A 2 3P PWR CA-B 2 SV 4PORT CA-A 1 SV8500 GC POWER CABLE KIT-AC 2 D15F EXALM CA-A 1 2400 RS-232C CA-1 1 PWRC100V-ULCSA-S-3M 6 CHIP KIT SP-3102 (16LCBH-A PRO 1 CHIP KIT SP-3251 (16LCBH-B PRO 1 CHIP KIT SP-3396 (16LCBX PROG- 1 CHIP KIT SP-3935 (16ELCJB PROG 2 CHIP KIT SP-3029 (24PRTBA PROG 1 CHIP KIT SW-200 (24CCT PROG-A) 1 CHIP KIT SP-882 (4DATB PROG-A) 1 CHIP KIT SW-338 (8RSTL PROG-A) 1 CHIP KIT SW-375 (8RSTY PROG-A) 1 CHIP KIT SW-450 (IPPAD PROG-E) 1 SV8500 REPLACING IMG SYSTEM 1 SV8500 LICENSE TRANSFER 1 MISC HARDWARE ONLY (TO GRAYBAR 1 IPRC 24 HOUR LICENSE 1 19 INCH FULL RACK 1 Service list(s) Labor Site Name Task Description Indian River County EOC 1. Project Management 2. Installation Labor INDIAN RIVER COUNTY (2013-28021 ) 7 of 21 273 NEC NEC Corporation of America 3. Overtime Cutover Maintenance Site Name Product Description Quantity --Indian River County EOC SOFTWARE ASSURANCE 1 YEAR CONTRACT SWA SV8500 36 r INDIAN RIVER COUNTY (2013-28021 ) 8 of 21 274 NEC NEC Corporation of America 3. Definitions Capitalized terms not otherwise defined in this SOW or the Agreement have the following meanings: 3.1 "Deliverables" means the Equipment and Services plus any other tangible items (e.g., reports, project plans, checklists, etc.) to be provided to Client as specified in this SOW. 3.2 "Equipment" means both hardware products and Software sold, licensed, or installed as specified in this SOW. 3.3 "Project Completion" refers to that point in the Project when NEC has completed the Services and provided the Deliverables to Client. 3.4 "Services" means the installation, maintenance, professional, or other related services as specified in this SOW. 3.5 "Software" means the machine-readable object code software programs - if any - licensed by NEC or its suppliers as specified in this SOW. 4. Project Schedule NEC will confer with Client within five (5) business days after the Effective Date of this SOW, to define a Project schedule. The Project schedule will include, but is not limited to, the Project commencement date, any significant Project milestones, and the anticipated Project Completion date. 5. Responsibilities of the Parties 5.1 NEC responsibilities 5. 1. 1 NEC will assign a project manager ("NEC Project Manager") to serve as NEC's primary contact for all aspects of this Project, including: Project scheduling, defining Project requirements, change control, escalation, implementation planning, and Project Completion. 51.2 NEC will designate a back-up contact when the NEC Project Manager is not available. 5. 1.3 On or after Project Completion, NEC will notify the Client that the Project is complete by presenting the Project Completion Checklist (Schedule A). INDIAN RIVER COUNTY (2013-28021 ) 9 of 21 275 NEC NEC Corporation of America 5. 1.4 NEC will promptly correct Punch List items properly identified by Client in accordance with the requirements of Section 5.2.9 below, and upon completion, NEC will resubmit the Project Completion Checklist to Client. 5. 9.5 Additional NEC responsibilities may be itemized in the Project Description (Section 2) above. 5.2 Client Responsibilities 5.2. 1 Client will assign an individual to serve as Client's primary contact ("Primary Contact") for all aspects of the Project, including: Project scheduling, defining Project requirements, ensuring availability of necessary Client staff and delivery of all necessary information, arranging all necessary site access, change control, escalation, implementation planning, and Project Completion. 5.2.2 Client will designate a back-up contact for occasions when the Primary Contact is not available ("Secondary Contact"). The Secondary Contact must have the authority to act on Client's behalf for all aspects of the Project in the absence of the Primary Contact. 5.2.3 For Services performed on Client premises, Client will provide NEC staff with building access and an adequate work environment, including LAN and Internet connectivity, desks, phones, printer, whiteboard, and other standard office resources as reasonably required for NEC to perform the Services. 5.2.4 For Services performed remotely from Client premises, Client will provide NEC staff with a remote access solution that has sufficient performance and reliability as to allow NEC to complete the Services in a timeframe that is consistent with the mutually agreed upon Project schedule. 5.2.5 Client will review all Deliverables provided in accordance with the mutually agreed upon Project schedule, and will communicate any perceived material deficiencies in a timeframe that will allow NEC to validate such deficiencies, and if validated, correct and resubmit the Deliverables so that subsequent activities that will not be materially INDIAN RIVER COUNTY (2013-28021 ) 10 of 21 276 NEC NEC Corporation of America delayed. 5.2.6 Client will ensure that any Client staff needed to allow NEC to complete the Project will be made available on an as-needed basis. 5.2.7 Client will ensure that Client staff are sufficiently qualified and familiar with the goals of the Project, and the products, techniques, and technologies used in the Project to allow them to carry out their respective duties and assignments. 5.2.8 Client will provide all documentation to NEC, that is needed for NEC to complete the Project including, but not limited to copies of Client's standards, policies, and specifications applicable to the Project. This documentation will be provided in a timeframe that is consistent with the Project schedule. 5.2.9 Within ten (10) days after receipt of the Project Completion Checklist, Client will either: (a) promptly sign the Project Completion Checklist (Schedule A) and return it to NEC or (b) provide NEC with a written notification ("Punch List") detailing how the Project fails to materially conform with the then-current requirements of this SOW. Items that are not expressly included in the then-current scope of the Project shall not qualify as Punch List items. If Client fails to provide a Punch List or sign and return the Project Completion Checklist to NEC within ten (10) days of receipt, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 below. 5.2. 10 Upon NEC's correction of all bona fide Punch List items, Client will promptly sign the Project Completion Checklist (Schedule A) and return it to NEC_ If Client fails to sign and return the Project Completion Checklist to NEC within five (5) days of NEC's completion of Punch List items, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 below. 5.2. 11 Additional Client responsibilities may be itemized in the Project Description (Section 2) above. 6. Pricing and Payment INDIAN RIVER COUNTY (2013-28021 ) 11 of 21 277 NEC NEC Corporation of America The total price for the Project is $57,760.99 (the "Project Price"). Sales taxes, if applicable, are not included in the Project Price but will be invoiced separately unless Client has provided NEC with a valid sales tax exemption certificate prior to the date of invoice. NEC will invoice Client for the Project Price (plus applicable sales taxes) in accordance with the billing schedule below. Unless otherwise expressly agreed to by NEC in writing, payments are due within thirty (30) days from the date of invoice. Equipment: $35,669.50 Equipment Price invoiced upon delivery of Equipment (in whole or in part) to the site specified by Client. Services: $22,091.49 50% of Services Price ($11,045.75) invoiced upon the execution of this SOW. 50% of Services Price ($11,045.75 ) invoiced upon Project Completion. NEC is not obligated to commence performance of the Project until Client has remitted the initial payment for Services as described above. The Project Price does not include Change Orders. Unless otherwise expressly agreed to by the parties in writing, all Change Orders will be invoiced upon Project Completion. CLIENT PURCHASE ORDER REQUIREMENTS - Client must indicate which of the following applies to the official purchase order("PO') requirements of its organization, by initialing one of the items below.- Client will require NEC to reference a valid purchase order ("PO") as a pre-condition for payment under this SOW, and is providing a copy of the PO concurrent with Client's execution of this SOW. PURCHASE ORDER# (Copy of PO must be provided with the SOW) Client Initials INDIAN RIVER COUNTY (2013-28021 ) 12 of 21 278 r NEC NEC Corporation of America Client will require NEC to reference a PO as a pre-condition for payment under this SOW, but is not providing the PO with this SOW. Client will issue the PO to NEC for the Project Price within ten (10) days after Client's execution of this SOW. NEC is NOT obligated to commence performance on the Project until NEC has received a valid PO, issued in accordance with the Client's procurement policies. Client Initials Client will NOT require NEC to reference a PO as a pre-condition for payment under this SOW. The lack of a PO reference will not constitute cause for invoice dispute or withholding of payment. Client Initials 7. Assumptions and Limitations 7.1 If Equipment is being installed, Client will supply, at its sole cost and expense, an environment that meets all the applicable requirements for the Equipment. 7.2 Client will fulfill all Client responsibilities outlined above. NEC's ability to provide Deliverables may be affected if Client does not fulfill its responsibilities in Section 5.2 above and (if applicable) the Project Description. 7.3 Except as otherwise specified in the Project Description, all Services to be performed Monday through Friday 8:00 AM to 5:00 PM local time (for the applicable site), excluding any NEC observed holidays ("Normal Business Hours"). If Client requires Services to be performed outside of Normal Business Hours, such Services will be subject to additional charges based on NEC's prevailing rates for overtime, weekends or holidays, as applicable. 7.4 Unless otherwise agreed to by NEC in writing, the Client's network architecture design will not change between the date of Client's execution of this SOW and Project Completion. 7.5 Unless otherwise agreed to by NEC in writing, NEC does not guarantee the assignment INDIAN RIVER COUNTY (2013-28021 ) 13 of 21 279 NEC NEC Corporation of America of any specific personnel for this Project. NEC requires a minimum Project schedule extension of 30 days for any personnel change requests made by Client. 7.6 NEC will be relieved of a milestone commitment if Client's tasks or milestone dates for that milestone are not met. 7.7 If the scope of the Project expands beyond the Deliverables defined in this SOW, Client may be required to pay NEC additional fees and expenses incurred by NEC. The following are not covered under this SOW: 7.8 Support or replacement of any Equipment due to (a) Client's unauthorized maintenance or repair of the Equipment, (b) Client's unauthorized add, move, or changes to the Equipment, (c) unusual physical, electrical or electromagnetic stress (d) Client negligence or abuse of the Equipment, including connection to inappropriate power supplies, (e) fire, flood, wind, lightning, or other similar acts of God, (f) failure of Client to maintain proper environmental conditions for the Equipment (g) improper wiring, installation, repair, or alteration of the software or hardware by anyone other than NEC or its agents, (h) software changes or attempted changes in the Equipment by persons not authorized by NEC (i) database reprogramming required because of Client error of any kind (j) failure of rotation media not furnished by NEC (k) operation of the Equipment with y other third party products not in accordance with the Equipment manufacturer's specifications (1) failures or other problems caused by products for which NEC is not otherwise contractually responsible or (n) Equipment failures due to causes other than ordinary use. 7.9 Any hardware upgrades, not specifically included in this SOW, but required to run new or updated Software. 8. CHANGE MANAGEMENT PROCEDURES It may be necessary to amend this SOW for reasons including, but not limited to, the following: 8.1 Client's proposed changes to the scope of the Project or proposed changes to the INDIAN RIVER COUNTY (2013-28021 ) 14 of 21 280 NEC NEC Corporation of America specifications for the Services or other Deliverables. 8.2 Client's proposed changes to the Project plan or Project schedule, 8.3 Unavailability of resources which are beyond either party's control; or, 8.4 Environmental or architectural conditions not previously identified. In the event either party desires to change this SOW, the following procedures will apply: y 8.5 The party requesting the change will deliver a "Change Request" (Schedule B) tot e other party. The Change Request will describe the nature of the proposed change; the reason for the change, and the effect the change will have on the Project, which may include changes to the Deliverables and the Project schedule. 8.6 A Change Request may be initiated by either party for any changes to the SOW. The NEC Project Manager and the Primary Contact will review the Change Request and negotiate, in good faith, any changes to the Deliverables and additional charges, if any, required to implement the Change Request. 8.7 If both parties agree to implement the Change Request, an authorized representative of each party will sign the Change Request, and (if applicable) Client will issue a revised PO to NEC. Upon execution of the Change Request by both parties, it will be made a part of this SOW and become a binding change order ("Change Order"). 8.8 NEC is under no obligation to proceed with any Change Request until such time as the Change Request has been agreed upon by both parties, and Client has issued a revised PO (if required for Client's invoice approval process). INDIAN RIVER COUNTY (2013-28021 ) 15 of 21 281 NEC NEC Corporation of America 8.9 If there is a conflict between the terms and conditions in any Change Order and the terms and conditions of this SOW, or the terms and conditions of any other Change Order, the terms and conditions of the most recent Change Order will prevail. 9. POST-PROJECT LABOR SUPPORT Post cutover support is included until acceptance of the project. Post project support will be covered by existing maintenance agreement. This will be adjusted on the anniversary date of the maintenance renewal. Unless due to causes excluded from coverage in subsection 7.8 and 7.9 above, NEC agrees to provide support without additional charge for labor if any portion of the Equipment fails to work during the Post Project Coverage Term. NEC may provide the Services under this Section from a remote location. NEC reserves the right to conduct an annual review of the installed Equipment and may require additional fees as a condition for providing labor coverage for any equipment installed subsequent to Project 10.0 SOFTWARE ASSURANCE NEC will make available, at no charge, to Customer, the most current commercially available Major Release, Minor Release, or Update, should any be made available. Such support for a particular Major Release, is available only until NEC or the third party, as applicable withdraws Support for that Software. When Support is withdrawn, Customer must upgrade to a supported Major Release of the Software in order to continue to receive Support. The NEC Customer Service Center (CSC) provides assistance via telephone and, if available, electronic access, to Customer technical support personnel during the normal business hours. NEC may request remote access to Customers system in order to provide the Services. Services does not include assistance for 1) the design and development of applications, 2) use of NECs Software in other than their specified operating environment or 3) failures caused by products for which NEC is not responsible. For most Software, including Additional Modules, a minimum of one (1) year of Services must be purchased. NEC will provide Services for an initial term of one year for the SV8500 for which Customer has paid the applicable INDIAN RIVER COUNTY (2013-28021 ) 16 of 21 282 NEC EIEC Corporation of America Fees, unless a different term is expressly provided for in the applicable Order. Except as otherwise expressly set forth herein or in the applicable Order, Services previously purchased will automatically renew for successive one (1) year terms subject to Section 2. Upon any renewal, NECs then-current terms and conditions for the Services and this Agreement will apply, unless either party gives written notice of its intent not to renew at least thirty (30) days prior to the end of the current Term. A decision to terminate Services or otherwise not renew Services will not terminate the applicable Software Licenses, Software Assurance commencement is system cutover date. 11. COMPLETE CONTRACT This SOW, along with the Agreement, is the complete agreement between the parties concerning the Project and supersedes any prior oral or written communications between the parties with regard to the subject matter contained herein. The provisions of this SOW govern only the subject matter hereof and shall not apply to any other subject matter covered by the Agreement. 4 INDIAN RIVER COUNTY (2013-28021 ) 17 of 21 283 NEC NEC Corporation of America SCHEDULE A Project Completion Checklist When NEC has achieved Project Completion, NEC will submit this checklist to Client. Within 10 days of receipt, Client will either (a) sign and return this checklist to NEC as confirmation that the Project is complete, or (b) provide NEC with written notice ("Punch List") specifically detailing how the Project fails to materially conform to the specifications of this SOW. If Client fails to provide a Punch List or sign and return this checklist to NEC within 10 days of receipt, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 of the SOW. NEC will promptly correct any Punch List items properly identified by Client in accordance with the requirements of the SOW and upon completion, resubmit this checklist to Client. Upon NEC's correction of all bona fide Punch List items, Client will promptly sign this checklist and return it to NEC. If Client fails to sign and return this checklist to NEC within five (5) days of NEC's correction of Punch List items, the Project will be complete and NEC will be entitled to invoice Client in accordance with the payment schedule in Section 6 of the SOW. Address to be determined IMPLEMENTATION TASKS/DELIVERABLES COMPLETED? DATE 1. Install chip kits and convert database 113 2. Install SV8500 hardware and software 3. Project Management, cutover and cutover support 13 This is to confirm that as of _/_/20_ NEC has completed Services and provided the Deliverables under the EOC refreshed 10/1/13 SOW effective_/_/20_. INDIAN RIVER COUNTY(2013-28021 ) 18 of 21 i� 284 NEC NEC Corporation of America Agreed and Accepted: INDIAN RIVER COUNTY NEC CORPORATION OF AMERICA By: By: Name: Name: Title: Title: Date: Date: • INDIAN RIVER COUNTY(2013-28021 ) 19 of 21 285 — NEC NEC Corporation of America SCHEDULE B Change Request In accordance with Section 8 of the SOW (Change Management Procedures), NEC Corporation of America, Inc. ("NEC') and INDIAN RIVER COUNTY ("Client"), certify, by the signature of an authorized representative, that this Change Management Request will amend and be fully incorporated into the existing Statement of Work (SOW) for EOC refreshed 10/1/13. 1. Change Request Number: 2. Reason for Change Request: 3. Changes to SOW: 4. Schedule Impact: 5. Cost Impact: SOW/Change Request Equipment Services Total a. Previous Project Price b. Change Order Price C. New Value of SOW: Unless otherwise expressly agreed to by the parties in writing, all Change Orders will be invoiced or credited upon Project Completion. Sales taxes, if applicable, are not included in the Change Order Price but will be invoiced separately unless Client has provided NEC with a valid sales tax exemption certificate prior to the date of invoice. 6. Purchase Order Issuance (check here, if applicable): 13 Client will issue a written PO to NEC, or will issue an amendment to the original PO issued under this SOW, for the total Change Order Price. INDIAN RIVER COUNTY (2013-28021 ) 20 of 21 7 4 County Attorney's Matters-B.C.C. 10.22.13 Office Of INDIAN RIVER COUNTY * +� ATTORNEY Dylan Reingold County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Dylan Reingold, County Attorney FROM: Kate Pingolt Cotner, Assistant County Attorney ' DATE: October 15, 2013 SUBJECT: Intervention in Pending Administrative Hearing Cases Against the Florida Department of Juvenile Justice BACKGROUND: Pursuant to Section 986.686, Florida Statutes, all non-fiscally restrained counties ("Paying Counties") and the State of Florida have a joint obligation to contribute to the financial support of juvenile detention centers in the State of Florida. Each Paying County is required to pay the actual costs associated with providing detention care for juveniles for the period of time prior to final court disposition. Upon final court disposition, the financial responsibility shifts to the State of Florida, specifically the Florida Department of Juvenile Justice("DJJ"). In 2006, DJJ promulgated Florida Administrative Code Rules 63G-1.001 - 63G-1.009, which included additional definitions, as well as a procedure for calculating the shared costs associated with the State's juvenile detention centers. The procedure for calculating the shared costs begins with DJJ sending the Paying Counties an estimate based on their actual costs from the previous year. Then, on or before January 31st of each year, DJJ is responsible for providing a reconciliation statement to each Paying County that shows the difference between the estimate and the Paying County's actual costs for that particular fiscal year. The difference is then either invoiced or credited to each Paying County. Approved for October 22, 2013 BCC Meeting Indian River Co. Approved Date County Attorney's Matters Admin. tOL11113 -- Co.Atty. Budget -- � De artment COUNTY ATTORNEY Risk Management - --- 288 Board of County Commissioners October 15, 2013 Page 2 of 3 Pursuant to the referenced procedure, the following information pertains to Indian River County (the "County") for fiscal years 2008-2009, 2009-2010, 2010-2011 and 2011-2012: Fiscal Year Cost Sharing Cost Sharing DIFFERENCE Estimate Reconciliation Debit/ Credit Fiscal Year 2008-2009 $444,157 $500,201 $56,044.42 Fiscal Year 2009-2010 $594,944 $517,278 ($77,665.88) Fiscal Year 2010-2011 $509,871 $598,110 $88,238.99 Fiscal Year 2011-2012 $536,022 $462,553 $73,463 On March 12, 2012, both Okaloosa County and Nassau County filed a Petition for a Rule Challenge with the Division of Administrative Hearings ("DOAH"). The petitioners alleged that Florida Administrative Code Rules 63G-1.011, 63G-1.013, 63G-1.016 and 63G-1.017 enlarged, modified, and/or contravened the requirements of Section 985.686, Florida Statutes. On July 17, 2012, DOAH issued a recommended order which found that DJJ had exceeded its rulemaking authority when it promulgated the above-referenced rules. As a result, the process for calculating the shared costs associated with the State's juvenile detention centers was found to be invalid. On June 5, 2013, the recommended order was affirmed by Florida's First District Court of Appeal, and no timely appeal has been filed. Subsequent to invalidating the process for calculating the shared costs associated with the State's juvenile detention centers, DOAH issued another recommended order which confirmed that DJJ has been over-charging the Paying Counties. On August 22, 2012, DOAH found that DJJ deviated from the requirements of Section 985.686(5), Florida Statutes, when it calculated each Paying County's actual costs associated with pre-disposition juvenile detention care for fiscal year 2008-2009. Instead of assessing each Paying County's actual costs for providing pre-disposition detention care, DJJ used a calculation that was based on an appropriation by the Florida Legislature that did not have a direct link to the actual costs. The relief recommended by DOAH, however, was unusual. DOAH determined that only those Paying Counties that properly challenged the reconciliation statement for 2008-2009 and did not accept any adjustment offered by DJJ were entitled to have their actual costs recalculated for fiscal year 2008-2009. The remaining Paying Counties that either petitioned for an administrative hearing, or only intervened in the pending administrative hearing, were entitled to have the amounts set forth in the reconciliation letter reinstated or the amounts set forth in any adjustment letter reinstated. Moreover, it is important to note that DOAH specifically stated in endnote 22 of the recommended order that it was not instructing DJJ with regard to the Paying Counties that were not parties to the underlying litigation. This includes Indian River County because it did not file a petition or a motion to intervene in the case. The recommended order is currently on appeal with Florida's First District Court of Appeal. We are waiting on the court to issue an opinion. One of the issues on appeal is whether intervening counties are eligible to have their shared costs recalculated based on the individual Paying County's actual costs. While it is too late to intervene in the pending litigation for fiscal year 2008-2009, there are three cases currently pending before DOAH that are of interest to the County. The pending cases address the issue of whether DJJ complied with Section 985.686, Florida Statutes, when it calculated each Paying County's actual costs associated with pre-disposition juvenile detention care for the following fiscal years: 2009-2010, 2010-2011 and 2011-2012. Although there is no guaranty that the County will be granted any kind of relief by intervening in the three pending cases, there is also no perceived harm in intervening to preserve and protect any and all remaining rights of the County. 2 289 Board of County Commissioners October 15, 2013 Page 3 of 3 FUNDING: There are no initial fees or costs associated with intervening in the three pending administrative cases. With this said, if any fees or costs arise throughout this process, the Board will be notified immediately. RECOMMENDATION: The County Attorney recommends the Board discuss whether it desires to intervene in any of the pending three administrative hearing cases against the State of Florida. The County Attorney recommends one of the following options: (1) intervene in the three pending administrative cases thereby preserving our right to have our actual costs recalculated, or (2) not intervene and wait to see what relief is granted by Florida's First District Court of Appeal to intervening parties. KPC 3 290 ® ITEM 14.C.1 October 22, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 15, 2013 SUBJECT: Non-Ad Valorem Assessments for Code Enforcement Abatement Actions FROM: Peter D. O'Bryan, Commissioner District 4 f I would like to request the Board direct the County Attorney to research and bring back to the Board, a report on the feasibility of non-ad valorem special assessments for code enforcement abatement actions. Attachment: Chapter 973 Public Nuisance and Polk County Resolution for Code Enforcement Liens 291 CHAPTER 973. PUBLIC NUISANCE Page 1 of I Section 973.04.Abatement of nuisance. (1) Whenever a county code inspector determines that a public nuisance as described in section 973.03 of this chapter exists,the inspector shall have the authority to serve the violator with notice to appear before the Indian River County Code Enforcement Board and shall hold hearings in the manner provided in F.S.Ch.162 (2) If the code enforcement board determines through a compliance hearing that the violator is still not in compliance with section 973.03 and that the violation presents a serious threat to the public health,safety,and welfare or if the violation is irreparable or irreversible in nature,then the code enforcement board shall direct staff to notify the Indian River County Commission,who no sooner than thirty(30)days after the compliance hearing,may issue an order to direct the county administrator or a designee for the county administrator,to abate the nuisance, authorizing the county's employees,servants,agents or contractors to enter upon the property at all reasonable times and take whatever action is necessary to abate the nuisance. (3) Once the county has abated a specific nuisance under this section,no further code enforcement board determination is needed for the county to take future abatement action relating to the reoccurrence of the nuisance violation_ (4) The primary method for bringing code violators into compliance shall continue to be the fines imposed by the code enforcement board and nothing in this section shall preclude the code enforcement board from issuing a fine relating to any nuisance violation.A nuisance violation need not rise to the level of a serious threat to the public health,safety,welfare or be in the nature of a violation that is irreparable or irreversible for the code enforcement board to issue an order of non-compliance with section 973 03 (Ord No 90-16 §1.9-11-90,Ord No.2008-003.§1,1-8-08) Section 973.05.Reserved. Editor's note— Ord.No.2008-003,§1,adopted January 8,2008,repealed 6 973,05,which pertained to public hearing on nuisance.See also the Table of Amendments Section 973.06.Assessment for abatement of nuisance. (1) If the county abates a nuisance as defined in section 973.03,the cost thereof to the county as to each lot,parcel or tract of land shall be calculated and reported to the code enforcement board.Thereupon,the code enforcement board,shall issue an order to assess such costs against such lot,parcel tract of land,common space,open space,recreation tract,or landscape buffer.Such order shall describe the land and state the cost of abatement,which shall include an administrative cost of two hundred fifty dollars($250.00)per abatement.Such assessment shall be a legal,valid and binding obligation upon the property against which made until paid.The assessment shall be due and payable forty-five(45)days after the mailing of notice of assessment after which,interest shall accrue at the rate prescribed on any unpaid portion thereof (2) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution,at the last available address for such owner or owners,which notice may be in substantially the following form: NOTICE Date: To: Address: Property: As the record owner of the property above described you are hereby advised that Indian River County,Florida did on the day of 20 order the abatement of a certain nuisance existing on the above property,sending you notice thereof, such nuisance being: [Describe Nuisance Briefly] A copy of such notice has been heretofore sent you.You failed to abate such nuisance;whereupon,it was abated by Indian River County at a cost of$ .Such cost,by order of the Code Enforcement Board of Indian River County,Florida has been assessed against the above property on ,20 ,and shall become a lien on the property forty-five(45)days after such assessment. You may request a hearing before the Code Enforcement Board to show cause,if any,why the expenses and charges incurred by the County under this ordinance are excessive or unwarranted or why such expenses should not be charged against the property.Said request for hearing shall be made to the Clerk of the Code Enforcement Board in writing within thirty(30)days from the date of the assessment. (3) If the owner fails to pay assessed costs within forty-five(45)days,a certified copy of the assessment shall be recorded in the official record books of the county.The assessment shall constitute a lien against the property No assessment lien will be recorded if a hearing on whether the assessment is fair,reasonable and warranted is timely requested. (4) If the code enforcement board determines after hearing that the assessment is fair,reasonable,and warranted,a certified copy of the assessment order shall be recorded.If the board determines that the charges are excessive or unwarranted,it shall direct the county administrator to recompute the charges and the board shall hold a further hearing after notice to the owner upon the recomputed charges. (5) In an action to foreclose liens,it shall be lawful to join one(1)or more lots,parcels,or tracts of land,by whomever owned,if assessed under the provisions of this chapter.The property subject to lien may be redeemed at any time prior to sale by the owner by paying a total amount due including interest,court costs and other costs incident to the action. (6) Upon payment of lien,the county attorney or his designee shall,by appropriate means,evidence satisfaction and cancellation of such lien. (Ord.No 90-16,§1,9-11-90:Orta.No.2008-003,§1,1-8-08) hawfllibrary.municode.com/HTML/12232/1evel3/COCOTA TITIXLADERE CH973PU... 10/15/2013 292 • RESOLUTION NO. 2013- FINAL ASSESSMENT RESOLUTION FOR CODE ENFORCEMENT LIENS FOR FISCAL YEAR 2013-14 WHEREAS, Pursuant to Polk County Ordinance 08-047, as amended, Polk County (the "County") has undertaken to improve various properties throughout the County by implementing a program requiring the correction of code violations for junk, debris, overgrown lots, unsecured pools and storage of abandoned or distressed vehicles, providing notice to property owners demanding the correction of such violations within specified time frames, providing for the correction of the violations by County forces when the property owners fail to comply with a demand for removal, and WHEREAS, Polk County Ordinance 08-047(9)(d) authorizes the cost of the County to correct the violations to be assessed against the lot as an assessment and collected pursuant Section 197.3632, Florida Statutes; and WHEREAS, the Board of County Commissioners (BoCC)finds that the properties improved as a result of the County's correction of violations for junk, debris, overgrown lots, unsecured pools and storage of abandoned or distressed vehicles have specially benefited from the County's actions in an amount equal to or greater in kind and degree than other properties in the County; and WHEREAS,the owners of many of the benefited properties have failed or refused to reimburse the County for the costs incurred by the County in improving their property resulting in liens being imposed against the benefited properties; and WHEREAS, the BoCC finds that it is fair, reasonable, and equitable to assess against each benefited property a non-ad valorem special assessment in an amount equal to the costs incurred by the County in improving said property, less any amounts paid by 293 ® the property owner to offset such costs; and WHEREAS, the BoCC finds that the properties subject to this non-ad valorem special assessment derived a special benefit from the service provided and that it is fairly and reasonably apportioned among the properties that received the special benefit; and WHEREAS,the BoCC, on December 18,2012,elected to utilize the uniform method of collecting non-ad valorem assessments, as provided in Section 197.3632, Florida Statutes for collecting the non-ad valorem assessments specified herein; and WHEREAS, the BoCC, on July 9, 2013, adopted a Tentative Assessment Roll and scheduled a Public Hearing for purposes of adopting a final Assessment Roll for the non- ad valorem assessments specified herein on September 12, 2013; and WHEREAS, First Class Mail Notice of the proposed assessments and the public hearing scheduled for September 12,2013,was given to the property owners by means of the TRIM notice prepared and mailed by the Polk County Property Appraiser and by published notice in a newspaper of general circulation, as required by Section 197.3632, Florida Statutes, the proof of publication being attached hereto as Exhibit uA". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Polk County, Florida.- SECTION lorida:SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Florida Statutes, Chapter 125 and other applicable provisions of law. SECTION 2. FINDINGS. The foregoing findings are incorporated herein by reference and made a part hereof, SECTION 3. UNIFORM METHOD, The BoCC hereby elects to utilize the uniform method of collecting non-ad valorem assessments, as provided in Section 197.3632, Florida Statutes for collecting the non-ad valorem assessments specified herein and 4 294 attached hereto and made a part hereof as Exhibit "B". SECTION 4. CONFIRMATION OF TENTATIVE RATE RESOLUTION. The 2013-14 Tentative Assessment Roll for Code Enforcement Liens adopted on July 9,2013, less any liens paid in the interim, is hereby confirmed. SECTION S.ADOPTION OF ASSESSMENT ROLL. The Final Code Enforcement Lien Assessment Roll for 2013, attached hereto as Exhibit "B", is hereby adopted. SECTION 6.ADOPTION OF ASSESSMENT RATES. Rates included in Exhibit"B" under the column headed "Total Assessed", which reflect the costs incurred by Polk County in bringing the Assessed Properties into compliance, are hereby imposed and levied against the Assessed Properties. SECTION 7. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this + Final Resolution shall be the final adjudication of the issues presented (including, { but not limited to, the determination of special benefit and fair apportionment to the Assessed Properties, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Rate Resolution. SECTION 8. REIMPOSITION OF LIEN. Code Enforcement Assessments shall ' constitute a lien upon the Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 9. SEVERABILITY. If any clause, section or other part of this j Resolution shall be held by any court of competent jurisdiction to be unconstitutional or 295 invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Resolution. SECTION 10. The County Attorney or his designee is hereby authorized and designated to certify the non-ad valorem assessment roll adopted herein to the Tax Collector on compatible electronic medium. SECTION 11. EFFECTIVE DATE. This Final Rate Resolution shall take effect immediately upon its passage and adoption. ADOPTED this 12th day of September, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS RICHARD M. WEISS, CLERK POLK COUNTY, FLORIDA By: By: Deputy Clerk Melony M. Bell, Chairman 296 ® ITEM 14.0.2 October 22, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 16, 2013 SUBJECT: Update on Commissioner Solari's Request for Placement on the Treasure Coast Regional Planning Council's Agenda FROM: Peter D. O'Bryan, Commissioner District 4 I would like to provide the Board with an update on Commissioner Solari's request for placement on the Treasure Coast Regional Planning Council's Agenda. 297 OCTOBER 225 2013 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 11, 2013 SUBJECT: Economic Development - Long Term Strategic Plan FROM: Tim Zorc Commissioner, District 3 s made a At the August 20, 2013 Economic Development Commissioners approge their requestrto create a recommendation the Board of County Co budget and a request for proposal for an Economic Development Repositioning Plan. q I would like to request discussion on an Economic Development Long Term Strategic Plan. Attachment: August 20, 2013 Economic Development Meeting Minutes 298 IRC S Bill Sc Senior Economic Development Planner Bob Keating, munity Development Director Sasan Romani, Lo nge Planning Chief Terri Collins-Lister, Com ner Assistant Call to Order Chairman Mitchell called the meeting to order at .m. Presentation b Mr. Charlie Sloan Boyette Strate is Advisors Ms. Helene Caseltine, IRCOC, introduced Mr. Charlie Sloan with Boyette Strategic Advisors located in Orlando, Florida. owerPo Mr. Sloan reviewed the information contained in Questions",P a copyio Presentation called "Economic Development Ten Essential which is on file in the Commission Office. Mthe r. Sloan stated Boyette Strategic Advisors comwas etit an were doing economic development firm and he wanted to talk He sa�dtthere was no single definition for and what it took to be competitive. pment was a nce economic development, but indicated economic deeloloment as a process that between art and science. He defined dc economic.ddg to epmance the well-being of influenced development and a community and in reality it was a competitive competition. Mr. Sloan reviewed the Economic Development Ten Essential Questions: • What is Economic Development? • What is it really? roach it? • How do communities app What are the underlying strategies? • How is it done? • Really need the research? • What will the plan do for me? What are the elements of a plan? What are the benefits of a plan? Can we be successful without it? they must build Mr. Sloan said in order for a community know how to create jobs organically on their strengths, mitigate their weakness, obs through active retention in their community, know how to keep the existing ) August 20, 2013 IEDC/Approved in\EDC 08-20 13 Meeting Minutes.doc F:\BCC\All Committees\EDC\2013 Ag&M 299 ro rams, as well as recruiting new jobs and investmeontto the have community.sion, p 9 said the first step was thatto see community must the community ty saw IRC from the outside a researched-based plan Ian. He emphasized a and then follow through dith the execustick ng to thattionplan of Love pa period of time would community with a plan a generate results. Mr. Sloan pointed out the elements of a plan and said it must address the following: Addresses Local Needs Comprehensive — Creation/Retention/Recruitment Focused — Target Opportunity Sectors Repositions Supporting Sales Messages Marketing Strategy Mr. Sloan concluded the benefits of a plan were: Process itself focuses on the community Shared ownership and understanding with all stakeholders • Economic Development effort becomes more efficient/focused Continuity over time • "Development" not just "Growth"A lengthy discussion ensued on benchmarking, the criteria that site consultant's look for in a community, the process time to evelobsapd researchequest for based plan, positioning IRC to be an attracter for potentialJ proposal for an economic development re-positioning plan. ON MOTION BY Mayor Adams, SECONDED ONDo D BY County r. Penney, to recommend Commissioners approve the Economic Development Council's request to create Budget DevelopmentuRet Request Proposal for an Economic Re- positioning Plan UNDER DISCUSSION, the re-positioning plan should be all-inclusive in conjunction with the municipalities and the unincorporated communities of IRC. THE CHAIRMAN CALLED THE QUESTION, the members unanimously voted (12-0) in favor of the motion. EDC/Approved 3 ing Minutes. oc August 20, 2013 F \BCC\All Committees\EDC\2013 Ag&Min\EDC 08-20-13 Meet 300 HN O OCTOBER 22, 2013 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 16, 2013 SUBJECT: Discussion on the Indian River Lagoon FROM: Tim Zorc Commissioner, District 3 1 would like to request discussion concerning funding mechanisms and strategies to support the Indian River Lagoon. 301 VE i s L✓ P . r Q. C ' 7 7_ r � FLORI��� INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control hearing Board Indian Ricer County Board of County Commissioners Cynthia VanDeVoorde Hall Sitting as the Environmental Control Board Richard D Cahoy Joseph E.Flescher,Chairman Dr.Richard H.Baker Wesley S. Davis,Vice Chairman Dr.Philip R.Glade Peter D O'Bryan Patrick Walther,P.E. Bob Solari Tim Zorc Environmental Control Officer Cheryl L.Dunn,R.S. Jennifer Peshke,Attorney INTEROFFICE MEMORANDUM DATE: October 1, 2013 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian Ri r County FROM: Cheryl L. Dunn, R. S. /tS. Environmental Control Officer SUBJECT: Report of Activities for Second Quarter FY12/13 (January through March, 2013) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above quarter: 1 The Respondent, Dewey Root, has owned real property located at 28 South Willow Street, Fellsmere, FL 32948, where he operated a poodle breeding business, known as, Poodles by Dewey. Respondent did attend the August hearing board and a civil penalty in the amount of two thousand dollars ($2,000.00) was levied against him with a five thousand dollar ($5,000.00) suspended penalty due within thirty (30) days if the Respondent did not comply. The Respondent did initiate that he wanted to enter into a payment plan with the Hearing Board, which the Hearing Board was agreeable to offer. On December 6, 2012 the Hearing Board was given information on the case as circumstances had changed with the passing of the Respondent, Dewey Root. The animals were removed from the business and the structure has been reverted to a single family residence. The case was noticed to come before the Hearing Board in April, 2013 and an Amended Order was recommended to be entered reflecting a civil penalty in the amount of $2,000.00 due and owing. The $5,000.00 suspended civil penalty is deemed to be no longer applicable as the property is no longer being used as a kennel. The Respondent's Estate shall have thirty (30) days from the entry of the Order date to pay the fine after which time the real property in the name of the Estate will have a lien recorded against it. Case No. 499-12. • 1900-27th Street Vero Beach,FL 32960 Phone:(772)794-7440 PAX:(772)794-7447 302 • 2. The Respondent Glendale Trade Center came before the December 2012 hearing board. The facility located at 1995 US Highway 1, Vero Beach, FL 32960 was formerly a gas station and was taken out of service by the former owner in an effort to achieve compliance with the code and laws of the State of Florida. The facility was allowed to be out of service for up to two years without the requirement for what were deemed single walled abandoned storage tanks to be removed. At the time Respondent purchased the subject property, the two year time period during which the facility was allowed to be out of service, while the perceived single walled tanks were allowed to remain in the ground had passed. Based on the age of the tanks and representations from Delta Petroleum who put the tanks in the ground in the late 1980's, Petitioner was led to believe the tanks were single walled tanks. Accordingly, Petitioner notified the Respondent of the existing violation and the need for corrective action with regard to the improperly abandoned storage tanks as required by the Florida Administrative code. Additionally Petitioner advised Respondent at this time that the abandoned tanks which are out of service also require third party financial responsibility to cover costs from releases, as required by the Florida Administrative Code. Respondent requested and was given three (3) continuances of this matter. Ultimately, Petitioner set the matter for the December 2012 hearing board to address the matter. Respondent attended the hearing board and advised board members that Delta Petroleum had been contacted and was scheduled to remove the tanks from the ground on Monday January 7, 2013 which would bring Respondent into compliance with the violations found at the December 6, 2012 hearing board. Respondent received a Civil Penalty of $2,500.00 for the ® violations found and an additional $2,500.00 suspended penalty if the violations were not remedied within 45 days from the date of the Order. Respondent did pay the $2,500.00 fine and had the tanks removed from the ground in January of 2013 at which time the closure report from Delta Petroleum indicated that the tanks were in fact double walled tanks. The Respondent then filed a Motion for Re-hearing requesting a return of the civil penalty as the Respondent had not been in violation of one of the two previously referenced and cited violations. This matter is scheduled to be heard at the April, 2013 Hearing Board. Case No. 495-12 3. The Respondent, Tina Cruce, came before the December 2012 hearing board. At all times pertinent to this action, Respondent, Tina Cruce owned real property located at 16 N. Cypress St. Fellsmere, FL 32948. On or about April 19, 2012 the Petitioner inspected the premises and found two (2) violations which constitute a sanitary nuisance and a public health threat. Specifically, the above ground onsite sewage treatment and disposal system on the property was found to be in failure and the septic tank lid and plumbing lines were broken causing a public health threat. There was also a broken well on the property that was found to be leaking water continuously, and improperly treated septic tank effluent was found to be exposed thus causing a sanitary nuisance. During the second quarter of Fiscal Year 2012-2013, as the Order requires the Respondent to do, she has been submitting monthly photos to the Petitioner reflecting that the property is now in compliance. Because the property is adjacent to a school yard, and is vacant, Respondent was ordered to send monthly updates as to the compliance of the property as long as Respondent is the record owner of the property. The property is in foreclosure status. The Respondent received a civil penalty in the amount of $500.00 which has not been paid to date. A lien was recorded on this property in January of 2013. Case No. 501-12 303 4. The Respondent Alberto Rendon was noticed to appear before the April 2013 Hearing Board when he did not respond to a Settlement Stipulation sent to his attention in February of 2013 by the Environmental Control Office. At all times pertinent to this action, Respondent ALBERTO RENDON has owned real property located in Indian River County with an address of 191 South Bay Street Fellsmere, FL 32948 which is a single family home owned by Respondent. On or about September 27, 2012, Petitioner conducted an inspection of Respondent's premises following a nuisance complaint that was called in to the Petitioner stating that there were unsanitary conditions on and around the premises with regard to a failing drainfield and septic system on the property resulting in a sanitary nuisance. Specifically, the facility has allowed unsanitary conditions capable of introducing and perpetuating human disease organisms and vectors into the community constituting a sanitary nuisance. Specifically, the drainfield on the property is failing, the septic system needs to be pumped out immediately and a lime treatment is required on the surface discharge. The property has been re-inspected several times since the initial complaint to the Department, and Environmental Health staff have been to the property most recently in March the sanitary nuisance still exists. Case No. 505-13 5. The Respondent Wabasso Tackle, LLC, entered into a Settlement Stipulation with Petitioner in March of 2013. The Respondent's Settlement Stipulation was brought before the April, 2013 Hearing Board for Board Approval of the Order Approving Settlement Stipulation. The Board approved the Settlement Stipulation which requires the Respondent to connect to the County water and sanitary sewer system within one (1) year from the date the Certificate of Occupancy (C.O.) is issued by the Indian River Building Department and the onsite sewage disposal system is put into use on the subject property, Respondent further stipulated that as a condition of issuance of the repair permit for the subject property's onsite septic system, Respondent must enter into a water and sewer agreement with Indian River County and provide the Environmental Control Office of the Indian River County Health Department with a copy. Respondent shall have any septic tank on the subject property properly abandoned pursuant to Health Department abandonment permits within 90 days after connection unless the septic tank is approved as a sewer lift station. No Civil Penalty was entered at this time. Case No. 506-13 6. The Environmental Health Staff have continued to work with the County Attorney's office regarding revisions to the Grease Interceptor Ordinance. Several meetings have taken place during the second quarter of fiscal year 2012- 2013 between the Environmental Health Staff and the County Attorney and the Building Department in an effort to finalize a draft of the Ordinance for approval by the Board of County Commissioners. The matter is undergoing final review at the present time and should be finalized and able to be brought before the Board of County Commissioners by June of 2013. 7. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board cc: Miranda Hawker, MPH, Administrator, Indian River County Health Department Jason Brown, Management and Budget Director, Indian River County Mayur Rao, Business Manager, Indian River County Health Department 304 a INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control Hearing Board Indian RiverCounty Board of Count%Commissioners Cynthia D.Caho oorde Hall Sitting as the Environmental Control Board Richard ar H.B 9 Joseph E.Flescher,Chairman Dr.Richard H.Baker P Dr.Philip R.Glade Wesley S. Davis,Vice Chairman Patrick Walther,P.E. Peter D O'Bryan Bob Solari Environmental Control Officer Tim Zorc Cheryl L.Dunn,R.S. Jennifer Peshke,Attorney INTEROFFICE MEMORANDUM DATE: October 10, 2013 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S. L tA- Environmental Control Officer SUBJECT: Report of Activities for Third Quarter FY12/13 (April through June, 2013) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above quarter: 1. The Respondent Alberto Rendon was noticed to appear before the April 2013 Hearing Board when he did not respond to a Settlement Stipulation sent to his attention in February of 2013 by the Environmental Control Office. Respondent did not respond to the Hearing Board paperwork and did not appear at the April 2013 hearing and was fined a civil penalty of $1,500.00 with an additional $5,000.00 suspended penalty due if Respondent does not come in to compliance and maintain compliance within forty five (45) days from the date of this Order. Staff met with Mr. Rendon and his family following the hearing and made translators available to confirm that Mr. Rendon understood the corrections to be made. To date, staff was able to assist the Rendon family to qualify for the SHIP program to have the necessary repairs made to their septic system. The repairs are scheduled to be made in the coming weeks. This case will be brought back before the October hearing board for a revision of the Order, removal of the suspended fine and reduction of the initial fine due to challenges with a clear language barrier that was a factor in this case. Case No. 505-13 1900-27th Street Vero Beach,FL 32960 Phone:(772)794-7440 FAX:(772)794-7447 305 2. The Respondent, Terrance Taylor a licensed Tattoo Artists operated the tattoo establishment, I am Art Tattooz located at 2023 SE Old Dixie Hwy, Suite 3, Vero Beach, Florida, 32962. The Respondent knowingly tattooed the bodies of minor children without parental consent on at least four (4) different occasions between November, 2012 and January, 2013. The Respondent appeared telephonically at the June 6, 2013 Hearing Board where no civil penalty was recommended since there was ongoing enforcement with the State Attorney and the Florida Department of Health. Case No. 508-13 3. The Respondent, the Estate of Dewey Root, owns real property located at 28 South Willow Street, Fellsmere, FL 32948, where a poodle breeding business, known as, Poodles by Dewey operated. The case was heard at the Hearing Board on April 4, 2013 and an Amended Order was entered by the board reflecting a civil penalty in the amount of $2,000.00 due and owing. The $5,000.00 suspended civil penalty is deemed to be no longer applicable as the property is no longer being used as a kennel. The Respondent's Estate shall have thirty (30) days from the entry of the Order date to pay the fine after which time the real property in the name of the Estate will have a lien recorded against it. The lien was filed on May 7, 2013. Case No. 499-12. 4. At all times pertinent to this action, Respondent LA CREPE RESTAURANT CHEF'T INT'L DBA MR. MANATEE'S CASUAL GRILL has owned real property located in Indian River County with an address of 30 Royal Palm Boulevard, Vero Beach, Florida which is public restaurant owned by Respondent. On or about March 18, 2013, Petitioner conducted an inspection of Respondent's premises following a nuisance complaint that was called in to the Petitioner stating that there was a sanitary nuisance and environmental damaged on and around the premises with regard to can wash used by the Respondent on the north end of the property and the external kitchen doors allowing gray water sewage and grease to enter the storm water system that directly discharges into the Indian River Lagoon directly adjacent to the property resulting in a sanitary nuisance and environmental damage to the premises and the Indian River Lagoon. Respondent did attend the hearing board and was represented by counsel. At the time of the hearing board, Respondent was found to be in compliance with all items referenced in the Notice of Violation. Respondent was fined $1,000.00 and the fine has been paid at this time. Case No. 509-13 5. Respondents Dale and Gail Savage and Ricky Jackson have owned real property located at 5205 94`h Lane , Sebastian , Florida, 32958. At the time this action occurred the Respondents, Dale and Gail Savage had recently purchased and closed on the subject property. The subsequently contracted with Ricky Jackson for repairs to be make to the property's onsite sewage disposal system that were not permitted or inspected before the system was covered. The drainfield was placed too close to an adjacent body of water, Indian River Lagoon. Ricky Jackson, the co-Respondent is an unlicensed septic tank contractor, offering services he is not qualified to perform. The co-Respondent acted under a name not registered or authorized by the department. Case No. 512-13 306 to 6. On or about May 1, 2013, Petitioner conducted an inspection of property owned by Respondent, Tarpon IV, LLC, following a sanitary nuisance complaint that was called in to the Petitioner stating that there were unsanitary conditions on and around the premises with regard to accumulated debris and solid waste outside the exterior of the home creating prime conditions for rodent harborage. The Respondent's were not present at the June Hearing Board, nor were they represented. An order was entered fining the Respondent $500.00 and ordering the violations corrected. The violations were not corrected during the time period set forth in the order so a lien was subsequently placed on the property. Case No. 511-13 7. This property is adjacent to the property owned by Tarpon IV, LLC, and has the same factual pattern and violations. On or about May 1, 2013, Petitioner conducted an inspection of property owned by the Respondent, Jesse Lewis, following a nuisance complaint that was called in to the Petitioner stating that there were unsanitary conditions on and around the premises with regard to accumulated debris and solid waste outside the exterior of the home creating prime conditions for rodent harborage. An order was entered fining the Respondent $500.00 and ordering the violations corrected. The violations were not corrected during the time period set forth in the order so a lien was subsequently placed on the property. Case No. 512-13 8. The Respondent Glendale Trade Center came before the December 2012 hearing board. The facility located at 1995 US Highway 1, Vero Beach, FL 32960 was formerly a gas station and was taken out of service by the former owner in an effort to achieve compliance with the code and laws of the State of Florida. The facility was allowed to be out of service for up to two years without the requirement for what were deemed single walled abandoned storage tanks to be removed. The Respondent then filed a Motion for Re-hearing requesting a return of the civil penalty as the Respondent had not been in violation of one of the two previously referenced and cited violations. This matter came before the April 4, 2013 Hearing Board and an Order was entered by the Board recommending a refund of one half of the civil penalty in the amount of $1,250.00 due to the fact that only one violation existed on the property. A civil penalty in the amount of $1,250.00 still stands and has been paid in full. Case No. 495-12 9. The Environmental Health Staff have continued to work with the County Attorney's office regarding revisions to the Grease Interceptor Ordinance. Several meetings have taken place during the second quarter of fiscal year 2012- 2013 between the Environmental Health Staff and the County Attorney and the Building Department in an effort to finalize a draft of the Ordinance for approval by the Board of County Commissioners. The matter is undergoing final review at the present time to be brought before the Board of County Commissioners for approval. 10. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Hawker, MPH, Administrator, Indian River County Health Department Jason Brown, Management and Budget Director, Indian River County Mayur Rao, Business Manager, Indian River County Health Department 307