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HomeMy WebLinkAbout02/19/2013AP IRCHD Indian River County Hospital Indian River County- LL District FEB 8 2013 Orrice of the County Administrator February 6, 2013 NL-. Jeffrey R. Smith Clerk of the Circuit Court Indian River County Court House Vero Beach, FL 32960 Dear Mr. Smith: RE: Iridian River County Hospital District Meeting Schedule Please be advised that the Indian River County Hospital District Board of Trustees Regular Monthly Meetings will continue to be on the third Thursday of each month, at 4:30 p.m. The meetings will be held in the Indian River County Administration Building, County Commissioner's Chambers, 1801 27th Street—Building A, Vero Beach, FL 32960. If you have any questions please feel free to contact me at 770-0935. Cordially, J di Hall Coordinator of District Affairs jah cc: Jennifer Peshke Board of Trustees County Attorney Office County Commission Office Hillary Copsey, Vero Beach Press Journal )ARD OF TRUSTEES `wThomas J.Spackman,M.D. Chairman Alma Lee Loy, Vice Chairman • Trevor Smith • Burton J. Lee, M.D. • Dr. Michael Weiss • Harris Webber s Eugene P. Feinour 3730 Seventh Terrace,Suite#204-B, Vero Beach, Florida 32960 (772)770-0935 Fax(772)770-1974 J i INFORMATIONAL ITEMS �-- February 19, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 11, 2013 Subject: Appointment of District 3 Appointee to the Planning & Zoning Commission From: Terri Collins-Lister, Commissioner Assistant Commissioner Tim Zorc has appointed Ms. Maria Caldarone as the District 3 Appointee to �-- the Planning & Zoning Commission. She replaces Mr. Jens Tripson and her term will expire in 2017. Attachment: Committee Application 2 N Indian River County Application For Committee Appointment Date: 1/12/2012 Name: Maria Caldarone Address: 7556 South Village Square State FLORIDA Zip/Postal Code: 32966 Home Phone: Business Phone: 772-794-3500 Cell Phone: 772-713-7139 :-mail: maria@bankruptcysolutionsgroup.com How long have you been a resident of Indian River County? 12 years Are you a full time or part time resident? (select one) Q Full-Time 0 Part-time Please list current employer or business.If retired,please list any business experience that may be applicable to the committee. Law Office of Maria Caldarone PLLC Second Street Capital,Inc. Please list any licenses you presently hold: Member of the Florida Bar,1992; Admitted to the Middle and Southern District Courts of Florida,2009;NJ Real Estate License 1988 3 } Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: none Select the committee you would like to serve on.If you are interested in more than one, please number your choices in order of preference. Preference Rating Affordable Housing Advisory Committee Agriculture Advisory Committee Beach and Shore Preservation Advisory Committee Board of Zoning and Adjustment n Children's Services Advisory Committee u Code Enforcement Board Community Development Block Grant Citizen Advisory Task Force 0 Construction Boards of Adjustment and Appeals ElEconomic Development Council ElEnterprise Zone Development Agency Environmental Control Hearing Board Indian River County Extension Advisory Council Metropolitan Planning Organization Citizens Advisory Committee 1^1Planning and Zoning Commission F 1 Tourist Development Council Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Prease return the completed application,along with a current resume,to the Board of County Commission Office, 1801 27th Street,Vero Beach,FL 32960,or by fax at 772-770-5334. 4 JEFFREY R. SMITH � Clerk of Circuit Court and Comptroller 1 801 27TH Street �LpRIpA Vero Beach, Florida 32961-1 028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: February 7, 2013 SUBJECT: APPROVAL OF WARRANTS February 1, 2013 to February 7, 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 February 1, 2013 to February 7, 2013. Attachment: DB: MS 5 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 294425 2/1/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 �- 294426 2/1/2013 INTERNAL REVENUE SERVICE 50.00 294427 2/1/2013 CHAPTER 13 TRUSTEE 277.30 294428 2/1/2013 IRC FIRE FIGHTERS ASSOC 6,150.00 294429 2/1/2013 COMPBENEFITS COMPANY 236.54 294430 2/1/2013 COLONIAL LIFE&ACCIDENT INS CO 105.96 294431 2/1/2013 AMERICAN FAMILY LIFE ASSURANCE CO 14,849.58 294432 2/1/2013 MISDU MICHIGAN STATE 445.75 294433 2/1/2013 ALLSTATE 668.84 294434 2/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 294435 2/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 294436 2/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 294437 2/1/2013 ECMC 135.02 294438 2/1/2013 ORANGE COUNTY HOUSING AND 1,830.34 294439 2/1/2013 SANDY PINES LTD 400.00 294440 2/1/2013 ALL FLORIDA REALTY SERVICES INC 6,558.00 294441 2/1/2013 GERALD T CAPAK 265.00 294442 2/1/2013 CHERYL DOYLE 354.00 294443 2/1/2013 VERO BEACH EDGEWOOD PLACE(305-113) 659.00 294444 2/1/2013 GRACES LANDING LTD 5,345.00 294445 2/1/2013 MICHAEL JACKOWSKI 751.00 294446 2/1/2013 TERRY LAWRENCE 77.00 294447 2/1/2013 LINDSEY GARDENS APARTMENTS 12,541.00 294448 2/1/2013 BRYAN D BLAIS 728.00 294449 2/1/2013 RIVER PARK ASSOCIATES 10,171.00 294450 2/1/2013 RICHARD C THERIEN 974.00 294451 2/1/2013 CREATIVE CHOICE HOMES XVI LTD 4,510.00 294452 2/1/2013 DAVID YORK 528.00 294453 2/1/2013 ST FRANCIS MANOR OF VERO BEACH 787.00 294454 2/1/2013 CITY OF VERO BEACH 312.00 294455 2/1/2013 TREASURE COAST HOMELESS SERVICES 1,545.00 294456 2/1/2013 FLORIDA POWER AND LIGHT 195.00 294457 2/1/2013 FULCHINI ENTERPRISES INC 287.00 294458 2/1/2013 VENETIAN APARTMENTS OF VERO BEACH 885.00 294459 2/1/2013 STASKI ENTERPRISES INC 630.00 294460 2/1/2013 HERMOSA PROPERTIES LLC 308.00 294461 2/1/2013 PINNACLE GROVE LTD 7,468.00 294462 2/1/2013 VERO CLUB PARTNERS LTD 13,607.00 294463 2/1/2013 DAVID SPARKS 600.00 294464 2/1/2013 FORT PIERCE HOUSING AUTHORITY 932.56 294465 2/1/2013 CRAIG MERRILL 1,586.00 294466 2/1/2013 CHRISTINE SALTER 514.00 294467 2/1/2013 HAGGERTY FAMILY LTD 303.00 294468 2/1/2013 THE PALMS AT VERO BEACH 14,590.00 294469 2/1/2013 ED SCHLITT LC 487.00 294470 2/1/2013 HENRY O SPEIGHT 788.00 294471 2/1/2013 DAVID CONDON 594.00 294472 2/1/2013 HILARY MCIVOR 505.00 294473 2/1/2013 PAULA LANE 376.00 294474 2/1/2013 FRANK BLAKE 442.00 294475 2/1/2013 JOHN A CAPPELLO 451.00 294476 2/1/2013 TCG SONRISE 11 LLC 1,196.00 294477 2/1/2013 KARL LACHNITT 750.00 294478 2/1/2013 PELICAN ISLES LP 4,998.00 294479 2/1/2013 JOHN F BAER 3,930.00 294480 2/1/2013 CAMERON HORD 259.00 294481 2/1/2013 SUNCOAST REALTY&RENTAL MANAGEMENT LLC 1,229.00 294482 2/1/2013 OAK RIVER PROPERTIES INC 1,796.00 1 6 CHECK NBR CK DATE VENDOR AMOUNT 294483 2/1/2013 KENNEN COHEN 437.00 294484 2/1/2013 MARILYN LEWIS 574.00 294485 2/1/2013 STEPHEN J SHORT SR 648.00 l..► 294486 2/1/2013 MICHAEL KANNER 566.00 294487 2/1/2013 ANDRE DORAWA 364.00 294488 2/1/2013 ADINAGOLDMAN 459.00 294489 2/1/2013 INDIAN RIVER RDA LP 628.00 294490 2/1/2013 SAMUEL P N COOK 364.00 294491 2/1/2013 DANIEL GOWER 699.00 294492 2/1/2013 GEORGE THUYNS 559.00 294493 2/1/2013 STEVEN ROBERT HARTMAN 541.00 294494 2/1/2013 LAZY J LLC 402.00 294495 2/1/2013 STEPHANIE FOUNTAIN 252.00 294496 2/1/2013 WINFRIED ARENDT 361.00 294497 2/1/2013 SYLVIA MCNEILL 238.00 294498 2/1/2013 SKOKIE HOLDINGS INC 577.00 294499 2/1/2013 LILIAN N BEUTTELL 441.00 294500 2/1/2013 ROGER WINSLOW 503.00 294501 2/1/2013 TAMMY MEEKS 719.00 294502 2/1/2013 VINCENT PILEGGI 451.00 294503 2/1/2013 OSLO VALLEY PROPERTIES INC 989.00 294504 2/1/2013 MICHAEL O LEARY 259.00 294505 2/1/2013 VICKY L STANLEY 808.00 294506 2/1/2013 CORY J HOWELL 302.00 294507 2/1/2013 CHOICE RENTALS INC 231.00 294508 2/1/2013 WILLIAM JAMES STANGANELLI 399.00 294509 2/1/2013 TRADITIONAL PROPERTIES GROUP INC 673.00 294510 2/1/2013 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 848.00 294511 2/1/2013 OSCEOLA COUNTY SECTION 8 411.78 294512 2/1/2013 WYNN OWLE 576.00 ,,,r, 294513 2/1/2013 DONALD G COMBS 476.00 294514 2/1/2013 WILLIAM NEUWIRTH 558.00 294515 2/1/2013 ANTHONYARROYO 308.00 294516 2/1/2013 BRIGITTE BALL 535.00 294517 2/1/2013 AHS HOLDINGS GROUP LLC 2,889.00 294518 2/1/2013 COUNTY OF VOLUSIA HVC PROGRAM 412.78 294519 2/1/2013 AJL MANAGEMENT CORP 424.00 294520 2/1/2013 VERO HOUSING LLC 1,796.00 294521 2/1/2013 YVONNE KOUTSOFIOS 279.00 294522 2/1/2013 HOUSING AUTHORITY CITY OF ALLENTOWN 642.78 294523 2/1/2013 DYNAMIC ENDEAVORS LLC 242.00 294524 2/1/2013 RAYMOND DONOVAN 544.00 294525 2/1/2013 HOUSING AUTHORITY OF FULTON COUNTY 612.78 294526 2/1/2013 ALAN R TOKAR 604.00 294527 2/1/2013 2184 1ST PL SW LLC 584.00 294528 2/1/2013 VILLAS OF VERO BEACH 491.00 294529 2/1/2013 BRIAN E GALLAGHER 503.00 294530 2/1/2013 MANUEL V CAMACHO SR LLC 542.00 294531 2/1/2013 HOUSING AUTHORITY CITY OF NEW BRITAIN 724.78 294532 2/1/2013 ALCURT VERO BEACH LLC 1,739.00 294533 2/1/2013 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 294534 2/1/2013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 294535 2/1/2013 INDIAN RIVER COUNTY 187,096.27 294536 2/1/2013 MEDICAL EXAMINERS OFFICE 23,651.41 294537 2/1/2013 VICTIM ASSISTANCE PROGRAM 4,428.66 294538 2/1/2013 ROGER J NICOSIA 1,500.00 294539 2/1/2013 CITY OF VERO BEACH 1,972.54 294540 2/1/2013 CITY OF VERO BEACH 11,562.50 294541 2/5/2013 JOSEPH PAPPALARDO 24,085.71 294542 2/7/2013 TARGET CORPORATION 25.00 2 7 CHECK NBR CK DATE VENDOR AMOUNT 294543 2/7/2013 DAVES COMMUNICATIONS/ELECTRONIC 20.00 294544 2/7/2013 JORDAN MOWER INC 938.66 294545 2/7/2013 COPYCO INC DBA 95.35 294546 2/7/2013 RICOH USA INC 11.07 294547 2/7/2013 VELDE FORD INC 454.80 294548 2/7/2013 RUSSELL CONCRETE INC 1,228.00 294549 2/7/2013 AT&T WIRELESS 1,330.85 294550 2/7/2013 DATA FLOW SYSTEMS INC 614.75 294551 2/7/2013 COLD AIR DISTRIBUTORS WAREHOUSE 211.24 294552 2/7/2013 DELTA SUPPLY CO 63.13 294553 2/7/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 11.48 294554 2/7/2013 GRAINGER 457.98 294555 2/7/2013 DEMCOINC 202.13 294556 2/7/2013 VERO LAWNMOWER CENTER INC 119.99 294557 2/7/2013 AMERIGAS EAGLE PROPANE LP 2,717.82 294558 2/7/2013 DAILY COURIER SERVICE 71.00 294559 2/7/2013 HACH CO 283.95 294560 2/7/2013 MARK W HILL DBA 525.00 294561 2/7/2013 ALLIED ELECTRONICS INC 313.40 294562 2/7/2013 HD SUPPLY WATERWORKS,LTD 292.84 294563 2/7/2013 BOUND TREE MEDICAL 759.46 294564 2/7/2013 SCHULKE BITTLE&STODDARD LLC 1,402.65 294565 2/7/2013 PETES CONCRETE 575.00 294566 2/7/2013 R GEORGE&ASSOCIATES INC 803.57 294567 2/7/2013 EGP INC 425.50 294568 2/7/2013 BRODART COMPANY 115.00 294569 2/7/2013 EXPRESS REEL GRINDING INC 399.50 294570 2/7/2013 BARTH CONSTRUCTION INC 19,068.06 294571 2/7/2013 NEWMANS POWER SYSTEMS 1,046.22 294572 2/7/2013 HOMELAND IRRIGATION 50.71 �... 294573 2/7/2013 GENERAL PART INC 853.91 294574 2/7/2013 GOODYEAR AUTO SERVICE CENTER 3.25 294575 2/7/2013 BAKER&TAYLOR INC 1,097.90 294576 2/7/2013 GROVE WELDERS INC 455.00 294577 2/7/2013 BARNEYS PUMP INC 17,680.00 294578 2/7/2013 LOWES CO INC 7,659.29 294579 2/7/2013 PRECISION CONTRACTING SERVICES INC 38,293.90 294580 2/7/2013 MICROMARKETING LLC 117.51 294581 2/7/2013 K&M ELECTRIC SUPPLY 98.46 294582 2/7/2013 HARRINGTON INDUSTRIAL PLASTICS LLC 154.55 294583 2/7/2013 PALM TRUCK CENTERS INC 1,670.91 294584 2/7/2013 EMERGENCY MEDICAL CONSULTANTS INC 151.93 294585 2/7/2013 PENWORTHY COMPANY 127.66 294586 2/7/2013 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 294587 2/7/2013 GREENE INVESTMENT PARTNERSHIP LTD 407.30 294588 2/7/2013 PING INC 375.19 294589 2/7/2013 CITY OF VERO BEACH 60,890.28 294590 2/7/2013 RUBBER STAMP EXPRESS&MORE INC 44.96 294591 2/7/2013 INDIAN RIVER ALL FAB INC 227.70 294592 2/7/2013 UNITED STATES POSTAL SERVICE 500.00 294593 2/7/2013 FLORIDA GOVERNMENT FINANCE 60.00 294594 2/7/2013 FLORIDA GOVERNMENT FINANCE 120.00 294595 2/7/2013 FLORIDA EAST COAST RAILWAY LLC 3,402.00 294596 2/7/2013 LIVINGSTON PAGE 90.00 294597 2/7/2013 B/C B/S OF FL ADM FEE 35,831.04 294598 2/7/2013 JANITORIAL DEPOT OF AMERICA INC 163.35 294599 2/7/2013 PUBLIX SUPERMARKETS 165.00 294600 2/7/2013 WAL MART STORES EAST LP 181.72 294601 2/7/2013 WAL MART STORES EAST LP 178.09 294602 2/7/2013 WAL MART STORES EAST LP 260.00 3 8 CHECK NBR CK DATE VENDOR AMOUNT 294603 2/7/2013 SAN MARCO INT'L INC 393.98 294604 2/7/2013 TOTAL TRUCK PARTS INC 360.84 294605 2/7/2013 ACUSHNET COMPANY 2,355.88 294606 2/7/2013 FLORIDA WATER&POLLUTION CONTROL 170.00 294607 2/7/2013 GEOSYNTEC CONSULTANTS INC 1,416.35 294608 2/7/2013 DUMONT COMPANY INC 1,135.75 294609 2/7/2013 INDIAN RIVER HABITAT FOR HUMANITY INC 3,707.50 294610 2/7/2013 IRC CHAMBER OF COMMERCE 12,612.18 294611 2/7/2013 CONTROL TECHNOLOGIES OF CENTRAL FLORIDA 6,180.00 294612 2/7/2013 KMART 40.00 294613 2/7/2013 TIMOTHY ROSE CONTRACTING INC 243,911.45 294614 2/7/2013 TRAFFIC PARTS INC 9,835.00 294615 2/7/2013 VERO HERITAGE INC 1,088.92 294616 2/7/2013 CALLAWAY GOLF SALES COMPANY 3,977.58 294617 2/7/2013 FLORIDA POWER AND LIGHT 7,616.03 294618 2/7/2013 ACUSHNET COMPANY 2,970.30 294619 2/7/2013 PUBLIC DEFENDER 3,930.86 294620 2/7/2013 PHILLIP J MATSON 31.15 294621 2/7/2013 TAYLOR MADE GOLF CO INC 1,163.78 294622 2/7/2013 LEADERSHIP DIRECTORIES INC 547.00 294623 2/7/2013 STATE ATTORNEY 12,971.39 294624 2/7/2013 PEACE RIVER ELECTRIC COOP INC 354.00 294625 2/7/2013 KENNY CAMPBELL SENIOR 280.00 294626 2/7/2013 MTW ROOFING 225.00 294627 2/7/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,500.00 294628 2/7/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 294629 2/7/2013 BUILDING OFFICIALS ASSOC OF FLORIDA 550.00 294630 2/7/2013 GERALD A YOUNG SR 120.00 294631 2/7/2013 WALKER PROCESS EQUIPMENT 7,159.74 294632 2/7/2013 HENRY SMITH 234.00 294633 2/7/2013 ALAN C KAUFFMANN 40.00 294634 2/7/2013 G K ENVIRONMENTAL INC 3,766.36 294635 2/7/2013 KEEP INDIAN RIVER BEAUTIFUL INC 9,453.28 294636 2/7/2013 COMCAST 67.00 294637 2/7/2013 ADVANCED XEROGRAPHICS IMAGING 1,311.92 294638 2/7/2013 JONATHAN CLARK 102.67 294639 2/7/2013 LINDSEY MATHENY 80.00 294640 2/7/2013 TIM GEIB 40.00 294641 2/7/2013 DONADIO AND ASSOCIATES ARCHITECTS 175.00 294642 2/7/2013 CHRISTOPHER KAFER 9.30 294643 2/7/2013 SYMBIONT SERVICE CORP 241.24 294644 2/7/2013 GARY DILTS 90.00 294645 2/7/2013 FLGOLF INC 517.33 294646 2/7/2013 JASON OGILVIE 72.00 294647 2/7/2013 VALERIE LEMONS 78.85 294648 2/7/2013 VERO ORTHOPAEDICS II 125.00 294649 2/7/2013 RUSSELL PAYNE INC 168.63 294650 2/7/2013 CELICO PARTNERSHIP 120.03 294651 2/7/2013 CINTAS CORPORATION NO 2 331.95 294652 2/7/2013 MUTUAL OF OMAHA 6,319.33 294653 2/7/2013 JOSEPH W VASQUEZ 216.00 294654 2/7/2013 BIG BROTHERS AND BIG SISTERS 1,250.00 294655 2/7/2013 RANDOM HOUSE INC 144.75 294656 2/7/2013 GLOVER OIL COMPANY INC 53,620.44 294657 2/7/2013 GARY L EMBREY 40.00 294658 2/7/2013 STANLEY CONSULTANTS INC 62,301.43 294659 2/7/2013 LARRY STEPHEN FAISON 40.00 294660 2/7/2013 JOSE RIVERA 60.00 294661 2/7/2013 CAPTAIN HIRAMS 30.00 294662 2/7/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 227.10 4 g CHECK NBR CK DATE VENDOR AMOUNT 294663 2/7/2013 KENNY CAMPBELL JR 140.00 294664 2/7/2013 BRIAN WYKOFF 80.00 294665 2/7/2013 JOHNNY B SMITH 216.00 294666 2/7/2013 DANE MACDONALD 144.00 294667 2/7/2013 HOOVER PUMPING SYSTEMS 2,880.00 294668 2/7/2013 GLOBALSTAR USA 191.70 294669 2/7/2013 CHARLES A WALKER 80.00 294670 2/7/2013 FISHER&PHILLIPS LLP 1,255.70 294671 2/7/2013 RUBY TUESDAY INC 40.00 294672 2/7/2013 ANDREW ZINNI 18.73 294673 2/7/2013 DANIEL IOFFREDO 40.00 294674 2/7/2013 BENNETT AUTO SUPPLY INC 148.43 294675 2/7/2013 TREASURE COAST FOOD BANK INC 90.99 294676 2/7/2013 STANDARD LIFE INSURANCE 7,485.89 294677 2/7/2013 STANDARD LIFE INSURANCE OPT 9,714.50 294678 2/7/2013 DAVID L HANCOCK 625.00 294679 2/7/2013 OMNI ORLANDO RESORT 387.00 294680 2/7/2013 SANDY ARACENA 120.00 294681 2/7/2013 VERA SMITH 54.00 294682 2/7/2013 GIRARD EQUIPMENT INC 150.00 294683 2/7/2013 ALWAYS ON TIME ENTERPRISES INC 1,239.26 294684 2/7/2013 DAILY DOSE CAFE 100,00 294685 2/7/2013 FOSTER IRC LLC 50,127.49 294686 2/7/2013 CORPORATE CARE WORKS 1,108.80 294687 2/7/2013 LYON FINANCIAL SERVICES INV 271.70 294688 2/7/2013 GUETTLER BROTHERS CONSTRUCTION LLC 293,268.22 294689 2/7/2013 BOULEVARD TIRE CENTER 3,851.25 294690 2/7/2013 STEVENAABBOND 60.00 294691 2/7/2013 SOUTHEAST STRUCTURAL ENGINEERS INC 1,500.00 294692 2/7/2013 PACE ANALYTICAL SERVICES INC 4,111.40 294693 2/7/2013 DELRAY MOTORS 1,704.89 294694 2/7/2013 OVERDRIVE INC 2,571.73 294695 2/7/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 10.00 294696 2/7/2013 RAYMOND J DUCHEMIN 120.00 294697 2/7/2013 SARA L MATHEWS 450.00 294698 2/7/2013 DANELLA CONSTRUCTION CORPORATION OF FL INC 53,531.00 294699 2/7/2013 JACQUELINE PATSCHE 72.00 294700 2/7/2013 KEITH GROCHOLL 100.00 294701 2/7/2013 GFA INTERNATIONAL INC 517.50 294702 2/7/2013 YP LLC 159.00 294703 2/7/2013 ROOF REPAIRS ONLY INC 10,748.00 294704 2/7/2013 COUNTY MATERIALS CORPORATION 2,240.00 294705 2/7/2013 HIGHMARK STOP LOSS 13,050.24 294706 2/7/2013 WILD TURKEY ESTATES OF VERO LLC 1,181.35 294707 2/7/2013 CLOSE CONSTRUCTION LLC 283,546.61 294708 2/7/2013 REHMANN GROUP LLC 9,865.00 294709 2/7/2013 JORDAN S BURR 136.00 294710 2/7/2013 RE MASON ENTERPRISES INC 152.97 294711 2/7/2013 TOMMY HARRINGTON 54.00 294712 2/7/2013 ROTARY CLUB OF VERO BEACH 9,300.00 294713 2/7/2013 BREVARD TECHNOLOGY SOLUTIONS 177.50 294714 2/7/2013 ANTONELL CONSTRUCTION SERVICES 200.00 294715 2/7/2013 SHAWN GINN 40.00 294716 2/7/2013 CHRISTOPHER LEE MERRITT 40.00 294717 2/7/2013 ANTONIO SMITH 25.95 294718 2/7/2013 ALEXANDER LOUDON 112.47 294719 2/7/2013 UT REFUNDS 73.58 294720 2/7/2013 UT REFUNDS 75.72 294721 2/7/2013 UT REFUNDS 68.22 294722 2/7/2013 UT REFUNDS 47.16 5 10 CHECK NBR CK DATE VENDOR AMOUNT 294723 2/7/2013 UT REFUNDS 36.44 294724 2/7/2013 UT REFUNDS 50.00 294725 2/7/2013 UT REFUNDS 11.23 294726 2/7/2013 UT REFUNDS 68.22 294727 2/7/2013 UT REFUNDS 51.55 294728 2/7/2013 UT REFUNDS 126.32 294729 2/7/2013 UT REFUNDS 36.94 294730 2/7/2013 UT REFUNDS 20.82 294731 2/7/2013 UT REFUNDS 27.13 294732 2/7/2013 UT REFUNDS 27.13 294733 2/7/2013 UT REFUNDS 40.41 294734 2/7/2013 UT REFUNDS 40.05 294735 2/7/2013 UT REFUNDS 144.54 294736 2/7/2013 UT REFUNDS 110.15 294737 2/7/2013 UT REFUNDS 73.58 294738 2/7/2013 UT REFUNDS 12.85 294739 2/7/2013 UT REFUNDS 40.41 294740 2/7/2013 UT REFUNDS 50.41 294741 2/7/2013 UT REFUNDS 73.58 294742 2/7/2013 UT REFUNDS 62.86 294743 2/7/2013 UT REFUNDS 16.40 294744 2/7/2013 UT REFUNDS 47.16 294745 2/7/2013 UT REFUNDS 19.09 294746 2/7/2013 UT REFUNDS 40.41 294747 2/7/2013 UT REFUNDS 100.00 294748 2/7/2013 UT REFUNDS 44.40 294749 2/7/2013 UT REFUNDS 38.41 294750 2/7/2013 UT REFUNDS 33.11 294751 2/7/2013 UT REFUNDS 7.18 294752 2/7/2013 UT REFUNDS 40.41 294753 2/7/2013 UT REFUNDS 46.30 294754 2/7/2013 UT REFUNDS 2.90 294755 2/7/2013 UT REFUNDS 72.67 294756 2/7/2013 UT REFUNDS 70.75 294757 2/7/2013 UT REFUNDS 20.51 294758 2/7/2013 UT REFUNDS 9.39 294759 2/7/2013 UT REFUNDS 29.00 294760 2/7/2013 UT REFUNDS 14.52 294761 2/7/2013 UT REFUNDS 6.17 294762 2/7/2013 UT REFUNDS 100.00 294763 2/7/2013 UT REFUNDS 68.22 294764 2/7/2013 UT REFUNDS 18.69 294765 2/7/2013 UT REFUNDS 4.16 294766 2/7/2013 UT REFUNDS 66.87 294767 2/7/2013 UT REFUNDS 29.89 294768 2/7/2013 UT REFUNDS 38.07 294769 2/7/2013 UT REFUNDS 51.92 294770 2/7/2013 UT REFUNDS 71.76 294771 2/7/2013 UT REFUNDS 3.26 294772 2/7/2013 UT REFUNDS 68.22 294773 2/7/2013 UT REFUNDS 62.86 294774 2/7/2013 UT REFUNDS 27.99 294775 2/7/2013 UT REFUNDS 19.42 294776 2/7/2013 UT REFUNDS 66.40 294777 2/7/2013 UT REFUNDS 23.01 294778 2/7/2013 UT REFUNDS 61.03 294779 2/7/2013 UT REFUNDS 68.22 294780 2/7/2013 UT REFUNDS 43.41 294781 2/7/2013 UT REFUNDS 43.53 294782 2/7/2013 UT REFUNDS 15.46 6 11 CHECK NBR CK DATE VENDOR AMOUNT Grand Total: 1,910,195.10 IVAMW 12 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1000832 2/4/2013 : AT&T 10,128.31 wr 1000833 2/4/2013 OFFICE DEPOT BSD CUSTOMER SVC 784.88 1000834 2/4/2013 WASTE MANAGEMENT INC 13,101.18 1000835 2/4/2013 : EVERGLADES FARM EQUIPMENT CO INC 227.73 1000836 2/4/2013 : SAFETY PRODUCTS INC 109.64 1000837 2/4/2013 DAVIDSON TITLES INC 2,815.98 1000838 2/4/2013 APPLE INDUSTRIAL SUPPLY CO 77.78 1000839 2/4/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 317.67 1000840 2/4/2013 RELIABLE POLY JOHN 90.66 1000841 2/4/2013 : APPLE MACHINE&SUPPLY CO 164.23 1000842 2/4/2013 SOUTHERN JANITOR SUPPLY INC 723.52 1000843 2/4/2013 : CAPITAL OFFICE PRODUCTS 164.25 1000844 2/4/2013 PROTRANSMASTERS II INC 160.00 1000845 2/5/2013 INDIAN RIVER BATTERY 91.45 1000846 2/5/2013 INDIAN RIVER OXYGEN INC 145.00 1000847 2/5/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 329.66 1000848 2/5/2013 COMMUNITY ASPHALT CORP 179.52 1000849 2/5/2013 SPINNAKER VERO INC 274.00 1000850 2/5/2013 L&L DISTRIBUTORS 707.66 1000851 2/5/2013 S&S AUTO PARTS 71.10 1000852 2/6/2013 SSSS INC DBA 272.22 1000853 2/6/2013 SAFETY PRODUCTS INC 225.38 1000854 2/6/2013 APPLE INDUSTRIAL SUPPLY CO 283.08 1000855 2/6/2013 AIR COMPRESSOR WORKS 594.70 1000856 2/6/2013 ALLIED UNIVERSAL CORP 5,564.35 1000857 2/6/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 53.99 1000858 2/6/2013 FERGUSON ENTERPRISES INC 4,586.27 1000859 2/6/2013 : CUMMINS POWER SOUTH LLC 700.00 1000860 2/6/2013 AUTO PARTNERS LLC 125.39 1000861 2/6/2013 : AQUIFER MAINTENANCE&PERFORMANCE 5,154.98 1000862 2/6/2013 ACM ENGINEERING&ENVIRONMENTAL SERVICES 800.00 1000863 2/6/2013 : EAST COAST ANIMAL MEDICAL CENTER 89.00 1000864 2/7/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 402.47 1000865 2/7/2013 : INDIAN RIVER BATTERY 129.00 1000866 2/7/2013 REPUBLIC SERVICES OF FLORIDA 419.79 1000867 2/7/2013 : ARAMARK UNIFORM&CAREER APPAREL LLC 88.04 1000868 2/7/2013 CAPITAL OFFICE PRODUCTS 49.08 1000869 2/7/2013 S& S AUTO PARTS 1,074.22 1000870 2/7/2013 HYDRA SERVICE(S)INC 3,387.00 1000871 2/7/2013 REPUBLIC SERVICES OF FLORIDA 2,306.57 1000872 2/7/2013 REPUBLIC SERVICES OF FLORIDA 11,593.19 1000873 2/7/2013 REPUBLIC SERVICES OF FLORIDA 29.59 1000874 2/7/2013 REPUBLIC SERVICES OF FLORIDA 29.61 1000875 2/7/2013 : REPUBLIC SERVICES OF FLORIDA 33,800.38 1000876 2/7/2013 AT&T 12.11 1000877 2/7/2013 : OFFICE DEPOT BSD CUSTOMER SVC 947.57 Grand Total: 103,382.20 1 13 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2281 2/1/2013 ICMA RET CORP 1,635.00 2282 2/1/2013 NACO/SOUTHEAST 21,586.03 2283 2/1/2013 : ICMA RETIREMENT CORPORATION 19,608.40 2284 2/1/2013 : FLORIDA LEAGUE OF CITIES,INC 5,826.75 2285 2/1/2013 NATIONWIDE SOLUTIONS RETIREMENT 145.83 2286 2/4/2013 FL SDU 6,957.00 2287 2/4/2013 : FL SDU 214.54 2288 2/4/2013 AGENCY FOR HEALTH CARE ADMIN 13,173.89 2289 2/4/2013 FL RETIREMENT SYSTEM 320,971.64 2290 2/4/2013 IRS-PAYROLL TAXES 344,204.94 2291 2/6/2013 : T C ENTERPRISE 41,812.00 2292 2/6/2013 I R C HEALTH INSURANCE-TRUST 452,667.42 Grand Total: 1,228,803.44 1 14 �gtvER Office of the . INDIAN RIVER COUNTY ADMINISTRATOR LORt� Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: February 8, 2013 SUBJECT: Authorization to Attend the 2013 National Hurricane Conference The County Administrator is requesting authorization to attend the 2013 National Hurricane Conference, March 25 — 28, 2013. Funding has been approved in account 00120112. APPROVED AGENDA ITEM Indian River Co Approved Date Administrator B F;: _February 19, 2013 15 2013 gliJltRlCANECONFERENCE The nation's forum for education and professional training in hurricane and disaster preparedness! 4, NEC -F_7 7 L 7 wn. t a _ C._.fir „�.•,. �-�k_ nk� +.�� s" � 4 r _ ' fKv a __.f fpr ry a } FOR DETAILED INFORN2ATION PLEASE VISIT WWW.HURRICANEMEETING.COM a- it In National Hurricane Conference 2013 CONFERENCE REGISTRATION 2952 Wellington Circle March 25-28*Hilton Riverside*New Orleans, LA Tallahassee, FL 32309 850-906-9224 Phone or Fax 800-511-9141 Phone or Fax www.hurricanemeeting.com PAYMENT MUST BE RECEIVED WITH REGISTRATION ❑Early Registration...........$350 CANCELLATION POLICY: (payment received by 02/08/13) Cancellation Fee: $50 ❑ Registration...................$400 NHC must receive cancellation requests in writing,by email or regular mail,no later than (paid after 02/08/13) March 15,2013. Send requests to NHC Cancellations,2952 Wellington Circle, ❑Onsite Registration.......$450 Tallahassee,FL 32309 or E-mail lisa@hurricanemeeting.com ❑ Speaker Registration....$250 No refunds will be made for cancellation/refund requests received after March 15,2013. ii I ❑ Daily Rate..................$150 Name Title Organization Address City State Zip Telephone Fax E-mail 2013 EMI Certificate Courses PAID REGISTRANTS ONLY*ABSOLUTELY NO EXCEPTIONS These EMI courses are provided on a first-come,first-served basis. If you would like to attend one of the four sessions with reserved seating,please select the course below.Please note that these sessions require a 1 or 2-day commitment and/or pre-requisite courses. NOTE:If you have already received a certificate for a particular EMI course,you may not take the course again. ❑ #1 EMI L310 Hurricane Readiness for Inland Communities Mon,March 25 8:30 am-5:00 pm ❑ #2 EMI L311 Hurricane Readiness for Coastal Communities Mon,March 26 8:30 am-5:00 pm ❑ #3 EMI L202 Debris Management Course Wed,March 27 8:30 am Thurs,March 28 5:00 pm ❑ #4 EMI L214 Unified Hazard Mitigation Assistance Project Implementation Wed,March 27 8:30 am-Thurs,March 28 5:00 pm and Programmatic Closeout(pre-requisite courses required) OR 2013 FEMA Training Sessions PAID REGISTRANTS ONLY*ABSOLUTELY NO EXCEPTIONS IM These FEMA courses are open to all paid attendees on a first-come,first-served basis.If you would like to attend one of the five sessions with reserved seating,please select the course below.Please note that each session requires a'/z day commitment,as well as a laptop computer. Applying Hurrevac 2010 Courses require prior completion of Intro to Hurrevac 2010. .-..� C3 #1 Intrc io HURREVAC 2010 Mon;Mar 25 8:30 am 12 tC pin r1#4 Applying +iJRRE;iAC 2010 Wed.Mar 27 1:30 prn 5:00 pn? ❑ #2 Applying HURREVAC 2010 Mon,Mar 25 1:30 pin-5:00 pm ❑#'I SLOSH Traoi;ig i hurl.Mar 28 8:30 am-12:00 pm ❑ #'3 intro to HURREVAC 2010_Vk'eci Mar 27 8:30 ain-12:00 prn - _--- J All other NHC training sessions are open to all paid attendees and are available without additional reservations. Make checks payable to: National Hurricane Conference,2952 Wellington Circle,Tallahassee,FL 32309,Federal ID #20-210561 We accept these credit cards: Amex•MasterCard•VISA•Discover Credit Card Number Code Expiration Cardholder Name Cardholder Signature DAY AT A GLANCE FOR MONDAY, MARCH 25 1 2 3 4 8:30 am to 10:00 am 10:30 am to 12:00 pm 1:30 pm to 3:00 pm 3:30 pm to 5:00 pm Private Industry TS A A Different Approach to Risk and Amateur Radio WS Amateur Radio WS Amateur Radio RAP Business Impact Analysis B ABC's of EOCs Evacuation Decision-Making C Public Education/Media TS Joint Information Centers(JICs)and Field Deployment Recovery TS Insurance TS Direct Administrative Costs, How to Read Your Insurance Recover TS D 9525.9 Recovery TS Other Recovery Costs:What Policy:What Debris Monitoring&Contracting is Acceptable? Did I Buy and How Does it Work? Response WS Defense Support to Civil Response TS Authorities, Response WS E Emergency Management Assistance Compact: Immediate Response, AIRTEAMS and the Local The Process of EMAC Preparedness and Emergency Manager the Role of DoD Installations in our Communities Utilities TS Utilities TS Interfacing with Federal,State and Local Agencies Drills,Exercises and Evaluations:The Dynamics of Preparedness Mitigation TS Engineering:Buildings&Structures WS Fostering Resilient Communities:Implementing a Whole G From Katrina to Isaac:Lessons Learned in Louisiana Community Approach from a Mitigation Perspective and Fostering Peer Mentoring Hurricane Histor TS Hurricane History WS Y Fire/EMSTS HURDAT&The Reanalyzes Comparing Hurricanes Isaac H and Katrina to Some Louisiana Size Matters:Utilizing Medical Ambulance Buses to Evacuate .. Project Storms of the 19th Century Populations a Fire/EMSTS US National Grid(USNG)for Preparedness&Disaster Operations EMI 1 Hurricane Readiness for Coastal Communities(Reservation Required) K EMI 2 Hurricane Readiness for Inland Communities(Reservation Required) L Intro to HURREVAC 2010(Reservation Required) Applying HURREVAC 2010(Reservation Required) COFFEE BREAKS - Coffee Stations will be set up in several locations daily at 8:00 am, 10:00 am and 3:00 pm. V� 1-4 DAY ATAGLANCE FOR TUESDAY, MARCH 26 RAP Sessions 8:30 am to 10:00 am �.... Public Education/Media RAP G Fire/EMS RAP A Exploring the Public Response to a Hurricane H Healthcare/Accessibility&Functional Needs RAP B Utilities RAP Insurance RAP C Mitigation RAP 1 Natural Disasters,Climate Change&Insurance: D Business,Industry and Economic Stability RAP Implications Now&Future E Response RAP J Mass Care RAP F Recovery RAP K Voluntary Agencies RAP General Session 10:30 a.m. Review of the 2012 National Hurricane Season-Rick Knabb,Director,National Hurricane Center,Miami,FL 11:00 a.m. Topic/Title TBD-Craig Fugate,Administrator,Federal Emergency Management Agency,Washington,DC 11:30 a.m. Challenges of a Rising Sea Level-Margaret Davidson,Director,NOAA Coastal Services Center,Charleston,SC(Invited) 12:00 p.m. Lunch Break 1:30 p.m. Effectiveness of the New Orleans Risk Reduction System in Hurricane Isaac-Maj.Gen.John W.Peabody, Commander,Mississippi Valley Division,USACE,Vicksburg,MS 1:50 P.M. Annual Awards Presentation 2:20 p.m. Communicating Isaac's Hazards and Desired Response:A Panel Discussion Moderator:Max Mayfield,Hurricane Specialist,WPLG-TV and former Director,National Hurricane Center,Miami,FL • Jay Baker,Department of Geography,Florida State University,Tallahassee,FL • Dr.Rick Knabb,Director,National Hurricane Center,Miami,FL • Ken Graham,Meteorologist-in-Charge,NWS Weather Forecast Office,Slidell,LA • Bryan Norcross,Senior Executive Director,Weather Content&Presentation,The Weather Channel,Atlanta,GA • Billy Nungesser,President,Plaquemines Parish,LA,(Invited) • Carl Arredondo,Weather Broadcaster,New Orleans,LA 3:30 p.m. Coffee Break 4:00 p.m. Communicating Sandy's Hazards and Desired Response:A Panel Discussion Moderator:Max Mayfield,Hurricane Specialist,WPLG-TV and former Director,National Hurricane Center,Miami,FL • Jay Baker,Department of Geography,Florida State University,Tallahassee,FL • Dr.Rick Knabb,Director,National Hurricane Center,Miami,FL • Dr.Louis Uccellini,Director,NWS National Centers for Environmental Prediction • Gary Szatkowski, Meteorologist-in-Charge of NWS Mount Holly,NJ Weather Forecast Office • Bryan Norcross,Senior Executive Director of Weather Content&Presentation,The Weather Channel �.., Bill Melfi,Emergency Management Coordinator,Ventnor City,NJ =* Dan Skeldon,Chief Meteorologist,NBC40,Atlantic City,NJ 5:30 p.m. Adjourn PLANNING COMMITTEE Chair H.Douglas Hoell,Jr.,North Carolina Division of Emergency John Wilson,former Director,Lee County Public Safety, Management,Raleigh,NC Fort Myers,FL Mary Hudak,FEMA Region IV,Atlanta,GA Vice Chair Bill Irwin,U.S.Army Corps of Engineers,Vienna,VA Max Mayfield,Hurricane Specialist,WPLG TV and former National Dennis Jones,Chatham Emergency Management Agency, Savannah,GA Hurricane Center Director,Miami,FL Rick Knabb,Ph.D.,National Hurricane Center,Miami,FL Conference Coordinator Brian Koon,Florida Division of Emergency Management, Lisa C.Tait Tallahassee,FL Exhibits&Sponsorships Robert R.Latham,Jr.,Mississippi Emergency Management Agency, ;4; Conference Management Associates Pearl,MS Ted Litty,FEMA,Washington,DC Members Brock Long,Hagerty Consulting,Inc.,Washington,DC Dr.Jay Baker,Hazard Management Group,Tallahassee,FL Col.Steve McCraw,Texas Department of Public Safety,Austin,TX Col.Joseph Booth,Louisiana State University,Baton Rouge,LA George McKinney,South Carolina Emergency Management Division, Charley English,Georgia Emergency Management Agency, West Columbia,SC Atlanta,GA Gregg O'Ryon,American Red Cross,Washington,DC Lew Fincher,Hurricane Consulting,Inc.,Friendswood,TX Tony Puzzilla,retired,DHS,LaPlata,MD David Griffith,National Hurricane Program,FEMA HQ, Julie Rochman,Insurance Institute for Business&Home Safety,Tampa,FL Washington,DC William`Billy"Wagner,retired,Marathon,FL DAY AT A GLANCE FOR WEDNESDAY MARCH 27 1 2 3 4 8:30 am to 10:00 am 10:30 am to 12:00 pm 1:30 pm to 3:00 pm 3:30 pm to 5:00 pm Recovery WS Recovery WS Recovery WS Effective Communication with Recovery WS A Homeowners under HUD's FEMA Public Assistance Disaster Federal/Volunteer Organization What to do when FEMA is not CDBG Program...Steps to Closeouts,Challenges and partnerships Available:State Disasters and Leading Practices other Solutions Recovery Utilities WS Utilities WS Utilities WS Mass Care WS Hurricane Isaac:Entergy's Fourth Katrina:Utility Infrastructure Hurricanes Irene and Sandy:It's Super Storm Sandy and the B Largest Storm of Record Seven Years Later Not Just a Southern Thing Mass Care Response EM/Meteorology/Hydrology Public Education/Media Hurricane History WS Hurricane History WS WS /Meteorology/Hydrology WS The Forgotten Hurricanes of the c Mid-Atlantic Storms New Forecast Products and Behind the Scenes of Multi- Hurricane Sandy&Historical Last Decade:Hurricanes Rita Tools Coming to HURREVAC Media Hurricane Coverage and Ike Tropical Islands/Latin America Tropical Islands/Latin America Tropical Islands/Latin America Tropical Islands/Latin America D WS WS WS WS Evacuation Planning WS Evacuation Planning WS Evacuation Planning WS Evacuation Planning WS Behavioral Issues in Hurricane Evacuation Decision Making in Catastrophic Planning Products E Evacuation Planning Evacuation in Hurricane Sandy Hurricane Isaac for Major Hurricane Scenarios Business,Industry&Economic Business,Industry&Economic Stability WS Stability WS Public-Private Partnerships in Hurricane Sandy:Testing Business,Industry&Economic Business,Industry&Economic F Emergency Management:A the Power and Return on Stability WS Stability WS Study in Best Practices and a Investment of Public-Private Long-Term Economic Recovery Public Private Collaboration Tool to Evaluate PPP Partnerships in the Wake of the Effectiveness "October Surprise" Fire/EMS WS Hurricane Planning and the Fire/EMS WS Fire/EMS WS G Republican National National Mutual Aid: Convention:A Consequence Doctrine and Policy Response to Hurricane Sandy:An Emergency Services Perspective Management Perspective Healthcare/Accessibility& Healthcare/Accessibility& Functional Needs WS Healthcare/Accessibility& Healthcare/Accessibility& Functional Needs WS EAS&Sensory Disabilities: Functional Needs WS Functional Needs WS H The Hawaiian Islands and Staten Simulated Alert Experience Hospital Hurricane Hardening: Basics of Healthcare Emergency to Learn How Best to Use the Build or Retrofit? Planning Island.. h than you System to Reach all Populations thought! Public Education/Media TS Spokesperson Training:Serving as a Voice for your Organization Public Education/Media TS in a Disaster Social Media Training J EMI 3 Debris Management Course(Reservation Required) a a K EMI 4 Unified Hazard Mitigation Assistance Project:Implementation and Programmatic Closeout(Reservation Required) L Intro to HURREVAC 2010(Reservation Required) Applying HURREVAC 2010(Reservation Required) ` A , COFFEE BREAKS Coffee Stations will be set up in several locations daily ~' at 8:00 am, 10:00 am and 3:00 pm. ' DAY AT A GLANCE FOR THURSDAY MARCH 28 11 2 3 4 `arm. 8:36'am to 10:00 am 10:30 am to 12:00 pm 1:30 pm to 3:00 pm 3:30 pm to 5:00 pm Meteorology/Hydrology/EM RAP Meteorolo /H drolo W5 Meteorology/Hydrology WS Meteorology/HydrologyH►S Improving Communications of A gy Y gY Tropical Cyclone Analysis and Hurricane Forecasts and Hazards Isaac and Sandy What's Next from the NHC? Forecast Challenges at the NHC Between NHC,State and Local Emergency Managers,and the Media Insurance WS Insurance WS Insurance WS Insurance WS B Small Business Resilience after a Building Homes to Outsmart Communicating Flood Risk& Business&Insurance Disaster:Barriers and Solutions Mother Nature Engaging Communities Using Implications of an Emergency FloodSmart Tools Declaration 7 � = F Healthcare/Accessibility& Recovery WS Functional Needs WS Bill Gray and Phil Klotzbach The Aftermath of Sandy:A Panel Discussion Inclusive Response Operations: WS Using FEMA's IMAT and RDIS to 2013 Hurricane Outlook Support the Whole Community Public Education/Media WS Public Education/Media WS Public Education/Media WS Public Education/Media WS Identifying the Communication Examples of Outreach and Reaching Out:Social Improving Our Ability to D Education Initiatives to Improve Vulnerability in Emergency Communicate Risk:Where Do Challenges in a Changing World Communicating the Risks Public Information We Go from Here? Mitigation WS Mitigation WS MitigationMovement.org-A Mitigation WS The Blind River Freshwater E New Online Gathering Place From Katrina to Isaac:Lessons Diversion Project and Others: Mitigation WS Created By and For the Learned in Louisiana Blending Environmental FEM A Risk Map Mitigation Community Mitigation with Flood Control Private Industry WS Private Industry WS Private Industry WS F Business Interruption Insurance Hurricane Isaac:Lessons Private Industry WS How Businesses Use Weather and How to Get Paid Learned Keeping the Lights On Forecasts to Make Critical Decisions _ Mass Care WS Mass Care WS Mass Care WS Mass Care WS G What is Your Role in the National Hurricane Gisbert:A National The Mass Care Response to Identifying Mass Care Mass Care Strategy? Mass Care Exercise Hurricane Isaac-a View from Requirements: k_ 3 States Studies,Standards and Typing Response WS Response WS Response WS Innovative Approaches Response WS to Turning the Perceived H Disaster Response in Lean Times Understanding a Community's Leveraging All Your Unaffiliated Volunteer Disaster Resilience Quotient Community's Resources Liability into a Valuable Community Response Asset Fire/EMS TS Fire/EMS TS Applying Technology to Enhance Mutual Aid Location-based Decision Support Implementation and Concepts of Operation iLJ EMI 3 Debris Management Course(Reservation Required) EMI 4 Unified Hazard Mitigation Assistance Project:Implementation and Programmatic Closeout(Reservation Required) SLOSH Training(Reservation Required) REVISED AGENDA ITEM February 19, 2013 INDIAN RIVER COUNTY AGENDA ITEM: 8C INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 15, 2013 FROM: Jason E. Brown \ Director, Office of Manage ent Budget SUBJECT: 2013/2014 BUDGET WO OP /HEARING SCHEDULE Description Presented below are selected dates for the 2013/2014 budget workshops and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 12, 2013 Scheduled Budget Workshops Wednesday, July 17, 2013 Thursday, July 18, 2013 (as needed) Budget Hearings: Public Hearing on Tentative budget and proposed Wednesday, Sept. 11, 2013 millage rates at 5:01 p.m. Final Budget Hearing to adopt budget and millage rates Wednesday, Sept. 18, 2013 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure they do not conflict. Recommendation Staff recommends that the Board of Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2013/2014 budgets. APPROVED AGENDA ITEM: `e Indian River CountyA ed Rate / BY?County '� Administrator / r hA. Baird Le al I Administrator Budget !5 �► Department FOR: February 19, 2013 Risk Management CONSENT AGENDA INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET w.. TO: Men*ers of the Board of County Commissioners DATE: Februa 11, 2013 l FROM: Jason E.brown Director, Office of Man gem nt& Budget SUBJECT: 2013/2014 BUDGET W SHOP /HEARING SCHEDULE Description Presented below are selected dates for the 2013/2014 budget workshops and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 5, 2013 Scheduled Budget Workshops Wednesday, July 10, 2013 Thursday, July 11, 2013 (as needed) Budget Hearings: Public Hearing on Tentative budget and proposed Wednesday, Sept. 11, 2013 millage rates , at 5:01 p.m. Final Budget Hearing to adopt budget and millage rotes Wednesday, Sept. 18, 2013 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget,hearings, we may need to change these dates to ensure they do not conflict. Recommendation Staff recommends that the Board of Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2013/2014 budgets. APPROVED AGENDA ITEM: Indian River County * A roved Date Administrator BY: Jose A. Baird Legal f�r13 County Administrator Budget 2 3 Department FOR: February 19 2013 Risk Management r� 22 lb CONSENTITEM (ADMINISTRATIVE) INDIAN RIVER COUNTY ,,,r,,, MEMORANDUM TO: Joseph A. Baird County Administrator D AR MENT HEAD CONCURRENCE: "Director obert . Keating,Community Develop FROM: Roland M. DeBlois,AICP � Chief, Environmental Planning DATE: February 7,2013 RE: Request to Approve Renewal of a License Agreement for Occupancy of the Principal Residence on the Jones's Pier Property at 7770 Jungle Trail It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of February 19, 2013. DESCRIPTION AND CONDITIONS In September 2008, the Board of County Commissioners purchased the historic Jones's Pier site under the County's environmental lands program. The subject waterfront property consists of approximately 16.5 acres located on south Jungle Trail. The property was acquired for conservation and historic preservation purposes with a 45%cost-share grant from the Florida Communities Trust(FCT). Until March 2011, Mr. Jones occupied the property under a life-estate arrangement in the form of a caretaker's agreement with the County. In March 2011, Mr. Jones passed away. For on-site security and maintenance reasons, the Board, on January 17, 2012, approved a license agreement with Sgt. Brad Fojtik of the Agricultural/Marine Unit, Special Operations Section of the Sheriff's Office, to occupy the main residence at Jones's Pier. The license agreement (Attachment 2 to this report) was structured with a one year term, subject to renewal for additional one year terms upon the mutual agreement of the County and Sgt. Fojtik. In that one year has passed since the license agreement was originally executed, this matter is herein presented for the Board to consider approving an amendment to the license agreement that would renew the agreement and extend it for an additional one year term. ANALYSIS Currently, the structures on the Jones's Pier property include the main (principal) house; a detached garage; a guest cottage; a single-family dock; and a multi-slip dock facility. The license agreement is for Sgt. Fojtik(and his immediate family)to occupy the principal residence, detached garage and surrounding 1 23 fenced yard area with no rent or lease payments to the County. In return, Sgt. Fojtik provides services to ,"NW the County at no cost to the County. Those services include: • Providing security for the property. This includes parking a Sheriff's office vehicle (marked or unmarked) on the site. • Providing security for public safety (sheriff or fire district)boats moored at the pier. • Maintaining the(approximately 2 acre)yard area surrounding the main house. • Periodically bush hogging the back 14 acres of the site (i.e., perimeter mowing and undertaking invasive plant treatment/eradication). • Maintaining the residence. Staff's finding is that Sgt. Fojtik has done a competent job in carrying out the listed services since moving onto the premises. He has also been willing and available to work with groups such as the Indian River County Historical Society(IRCHS) and with county staff in managing and securing the site. As part of the FCT cost-share acquisition grant, the County recorded a Declaration of Restricted Covenants for the Jones's Pier property. That declaration of covenants obligates the County to provide public access to the Jones's Pier property and to conduct at least twelve public educational program activities at the site each year. As such, the license agreement accounts for allowed public access to the site in areas other than the main residence, detached garage, and immediate surrounding yard area. FCT staff has reviewed and approved the agreement as being in compliance with the FCT Restrictive Covenants. Over the past year, groups from the Environmental Learning Center (ELC) and IRCHS have visited the site. County staff is working with the IRCHS on the concept of opening the guest cottage as a visitor center with information displays in the coming year. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached 1St Amendment to the License Agreement, renewing the Agreement for an additional one year term, and authorize the Board Chairman to sign the Amendment on behalf of the County. ATTACHMENT: 1. 1St Amendment to License Agreement 2. License Agreement. APPROVED: x.R.County- ApAW6qyed Date Admin. FOR: Februai 19 2013 Legal 1 Budget 1 ! Dept. A Wk BY: Risk Mgr. F:Community Development\Users\ROLAND\LAAO\JONES'S PIER\Jones's Pier License Agree renewal BCC item for 2-19-13.doc 2 24 RENEWAL OF LICENSE AGREEMENT This Renewal of License Agreement is entered into as of this day of 2013 by and between Indian River County, a political subdivision of the State of Florida ("Licensor") and Brad Fojtik, resident of Indian River County, Florida ("Licensee") states as follows: WHEREAS, the Licensor and Licensee ("Parties") entered into a license agreement dated January 17, 2012 concerning property commonly known as the Jones Pier Property as described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the License Agreement calls for a one year renewal of the agreement upon mutual agreement of both Parties; and WHEREAS, it is the mutual desire of the Parties to renew the License Agreement dated January 17, 2012 for an additional year, NOW THEREFORE, in exchange for the mutual consideration the sufficiency of which is hereby acknowledged by each party, the Parties agree as follows: 1. The above recitations are true and correct and incorporated by reference herein. 2. The term of that License Agreement dated January 17, 2012 for the property attached and described in Exhibit "A" is hereby renewed for a one year term w... commencing January 17, 2013 and terminating on January 16, 2014. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. LICENSEE LICENSOR BOARD OF COUNTY COMMISSIONERS OF By INDIAN RIVER COUNTY, FLORIDA Brad Fojtik By Joseph E. Flescher, Chairman Witness Approved by BCC (print name) Approved as to form and legal Attest: suffi iency Jeffrey R. Smith, Clerk of Circuit Court and Comptroller William K. DeBraal By: County Attorney Deputy Clerk proved: Y04S� ep A. Baird, County Administrator 25 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Bacl: 1EXHIBIT A -]-,Indian River County GIS s o ParcelED OwnerName PropertyAddress 31393600000008000004.0 INDIAN RIVER 7770 JUNGLE TRAIL VERO BEACH, FL COUNTY 32963 Notes 26 LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this 17 day of January , 2012, by and between Indian River County, a political subdivision of the State of Florida ("Licensor"), and Brad Fojtik, a resident of Indian River County, Florida("Licensee"), as follows: 1. License. Licensor grants to Licensee a revocable license to use and occupy the real property and improvements described on Exhibit A attached hereto, which property and improvements generally include a single family residence, a detached garage, and an approximately two (2) acre yard area(collectively"Licensed Property"). Specifically, Licensee is authorized to use and occupy the Licensed Property solely as a single family residence for Licensee and his immediate family, and for no other purpose. 2. Florida Communities Trust: Licensor has acquired the property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book 2307, Page 2235 in Indian River County)(the "Declaration,"). As pari and condition of the FCT funding, the Licensor provided, and FCT approved, a Management Plan for the project site, and together with the Declaration, the terms of which are hereby incorporated herein by reference. FCT shall be notified of all leases, easements or other similar documents that affect property funded by FCT. The Declaration's restrictions on the FCT funded property are superior to any other restrictions placed upon the property. Licensor intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the r..� Management Plan, as it may be amended from time to time only after review and approval by FCT. All activities by the Licensor and Licensee shall be consistent with the Declaration and Management Plan. 3. Term. The term of this license shall be one(1) year from the date of approval of this License Agreement by the Indian River County Board of County Commissioners. The term shall be subject to renewal for additional one (1) year terms, upon the mutual agreement of both parties. 4. Licensee's Duties. Licensee shall: a. Provide general security on the Licensed Property, including parking a marked or unmarked patrol car (Indian River County Sheriffs Office) on the property when Licensee is present on the property; b. Provide security for any public safety boat (law enforcement or emergency services) moored or docked at the at the dock located immediately west of the Licensed Property, which dock is commonly known as Jones Pier; c. Maintain the yard area in a mowed, attractive and safe condition; Page 1 of ATTACHMENT 2 27 d. Bush hog, on a quarterly basis,the approximately fourteen(14) acre site immediately east of the Licensed Property; e. Maintain the single family residence and detached garage in a safe and attractive condition, and protect the residence and garage from deterioration from the elements, insects and pests, and other such conditions; f. Arrange and pay for(including deposits, if any) all utilities, including, without limitation, water, sewer, electricity, telephone, cable television, etc. g. Commit no act or omission which would result in waste, damage or destruction to any portion of the Licensed Property; h. Commit no act or omission which would result in a mortgage, encumbrance, lien or other right, title or interest in the Licensed Property being acquired by any third party; i. Commit no act or omission which would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties; and j. Advise Licensor immediately of any security issues, damage to the Licensed Property, or any other events or conditions which could result in damage to the property, liability to Licensor, or any other such adverse impact to the Licensed Property or to Licensor. 5. Licensor's Duties. Licensor shall: a. Repair the Licensed Property, to the extent that the need for repair is not caused by Licensee's negligence, intentional misconduct or violation of this License Agreement or applicable law; and b. Commit no act or omission which would constitute a violation of any applicable local, state or federal law. 6. License Fee. Provided Licensee performs all terms and conditions of this License Agreement, Licensee shall not be required to pay a license fee. 7. Improvements. Licensee shall make no alterations or improvements to the Licensed Property without the express written approval of Licensor, which may be withheld in the sole and absolute discretion of Licensor. The parties acknowledge that Licensee desires to paint the interior, remove the carpeting and refinish wood floors of the residence. Licensee shall not perform any of this work until after receiving express written approval of Licensor, following Licensor's consultation with the Florida Communities Trust("FCT"). 8. Historic Preservation. Licensee acknowledges that Licensor acquired the Licensed Property in part through a grant from FCT, which grant was made in light of the historical significance Page 2 of 4 28 of the property. Licensee shall refrain from any action which might tend to diminish the historical significance of the property, without the express written approval of Licensor. 9. Public Events. Licensee also acknowledges that the grant agreement between Licensor and FCT requires that Licensor hold a minimum of twelve (12) public, educational events at the License Property each year. Licensee consents to such events and will cooperate with Licensor with respect to such events. Without limitation, Licensee will make the Licensed Property available for such events, in a clean, attractive and safe condition. Licensor will provide reasonable notice to Licensee of the time and date of such events. 10. Insurance. Licensee shall obtain (a) a comprehensive general liability insurance policy with respect to the License Property, in the minimum amounts of $200,000 per person and $300,000 per incident, which policy shall name Licensor as an additional named insured. Prior to occupancy, Licensee shall provide to Licensor a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such policy will not be cancelled without thirty (30) days prior written notice to Licensor. Such policy shall be primary to any liability insurance obtained by Licensor with respect to the License Property, and(b) such insurance on Licensee's personal property kept on the License Property, as Licensee deems appropriate. Licensee acknowledges that Licensor will maintain no insurance applicable to Licensee's personal property. 11. Indemnification. Licensee shall defend, hold harmless and indemnify Licensor, including its commissioners, officers, employees and agents, from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorney's fees), and other liabilities of any type whatsoever, arising out of or relating to Licensee's negligence, intentional misconduct, or violation of this License Agreement or applicable law. 12. Termination. Notwithstanding any other provision herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other; provided, however, that in the event that Licensor determines in its sole and absolute discretion that Licensee's continued occupation of the Licensed Property could present a risk of damage or harm to the License Property or persons on the License Property (including, without limitation, Licensee), a risk of liability to Licensor, or otherwise would not be in the bests interests of the License Property or Licensor, Licensor shall have the right to terminate this license agreement immediately upon such shorter written notice as Licensor determines in its sole and absolute discretion is appropriate under the circumstances. 13. Default. In the event of default, the non-defaulting party shall be entitled to all remedies at law or in equity. Page 3 of 4 29 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey K. Barton, BOARD OF COUNTY COMMISSIONERS Cler of Courts INDIAN RIVER COUNTY("Licensor") Bx......• By: Deputy Clerk ,gg1.NER ..... *..���. GARY WHEELER,Chairman =i.• `Approved by BCC: January 17, 2012 016 c � Approved as to form and legal sufficiency: '•..•�Np tp,N R�VF;,,, Alan S. Polackwich, Sr., County Attorney Approved: �(30.x� �. Ao�-4 tep�h - Bair , County Administrator BRAD F JTIK("Licensee") Reviewed and Approved by Florida Communities Trust: Clay Small God, Director Division of State Lands Page 4 of 4 30 LICENSE AGREEMENT EXHIBIT A (Page 1 of 2) "THE NORTH 16.5 ACRES OF THE SOUR-! 33 ACRES OF GOVERNMENT LOTS 8 & 9, SEC770N 36, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS RIGHT OF WAY FOR JUNGLE TRAIL SURVEY BASELINE PER MAINTENANCE MAP AS RECORDED IN PLAT BOOK 9, PAGE 40, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA." wr 31 o O MGv1 D LQ G3 Sl �M�' MC�T 00 FOR G�LL"OG�3000 OOCn��t7MG�1� C�OC�� u G�3M��' `� p a I l i BLOCK C GRAPHIC SCALE maaMEa"xwa m uo"x,.P / � LOT 1 1 ,: P -------------------------- --------- vrt A ("radnml ' IN I � UQ I� � Q� V .s...a. I 40.84f CD li J. O I� { x x FD:. a "°.heel I —�P�ss.zs' �""•: °;', '°°° II ' -- 18.63' HOMESTEAD YARD AREA ® 98,096.70 sq.ft. / 2.25 ACRES to-o I � MP ,aPa,a i =E i O 88.34' I Q � I 41.39' p ppy Nx°..Q 5 9m �..ff w.o I I M _ iafl-rug s eaue AN _ 1 �^ mn Pa[ a"rw E Cp�l°fswvnm°anae2 x�oao�car c T.sw �� \ � —r.P.e. ".x.•___ -- — � L .°"-R�x[r°x[xrc u,Ixi¢x �uovc ar°xEurrt I" may,°. msmP uwva°Ic ¢ �\ \ (5)-MrWME V �\ �wax°xwrt sP"m xmu""x LwE - -- — _ __ -- I -- "' Lr. uM.w rtir�rsMllm- �ee�.,,wu.,roaN��aW — — a� r — — — — I - MIS SURVEY IS COMPRISED OF 3 PAGES, ? l I wwE"cm Vu'°IGSE I ONE IS NOT VALID—GUT ME OMERS. 1 ICARTER ASSOCIATES INC. COttRBLTINC EttcPt6@8 Attu acro BURY om LOT 1 LOT 3 LOT 5 SHORELINE DETAIL LOT 7 P" BOUNDARY & IMPROVEMENTS PART OF GOVERNMENT LOTS 8 & 9 SEE SHEET I or s FOR SUR—S NOTES,namn Nav c IcwL—OW SECTION 36, T. 31 S., R. 39 E. SEE SNEEI P OF J FOR BOUNDARY SURVEY W N INDIAN RIVER COUNTY, FLORIDA c� MEMORANDUM U TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Engine SUBJECT: South County Regional Park Multi-Purpose ields IRC Project No. 1126 FPL Underground Distribution Facilities Installation Agreement DATE: February 11, 2013 DESCRIPTION AND CONDITIONS On December 18, 2012, the Board of County Commissioners approved the contract with Barth Construction, Inc. for construction of the South County Regional Park Multi-Purpose Fields. The Board of County Commissioners approved an Underground Easement to FPL on February 12,2013 to establish new transformers to power the concession/restroom building, Musco Sports lighting and other facilities. FPL requires an Underground Distribution Facilities Installation Agreement for �.. the service line to the new transformers and for the transformer pad area. FUNDING The cost for the FPL transformer and underground connections is $4,500.71 and funding is available from Impact Fees/Parks/South County Park Multi-Purpose Fields-Account No. 10321072-066510-11006. RECOMMENDATION Staff recommends the Board approve the Underground Distribution Facilities Installation Agreement and authorize the Chairman to execute the same. ATTACHMENTS Indian River County Approved Date Underground Distribution Facilities Installation �Ijy�f3 Administration AR Agreement Ii Budget �Z !3 APPROVED AGENDA ITEM Legal (� �,- I Z j% Public Works '�' �z �3 FOR February 19, 2013 + � Engineering C �`r? � BY FAPublic Works\ENGrNFFRING DTVTSTnN PR(1.TF(Tv'I t?fi-Snwh f n P„,4 e 33 WR#4570239 �•- FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this day of ,20_, by and between INDIAN RIVER COUNTY BOCC(hereinafter called the Customer) and FLORIDA POWER&LIGHT COMPANY,a corporation organized and existing under the laws of the State of Florida(hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as SOUTH COUNTY PARK MULTIPURPOSE FIELDS located in VERO BEACH-INDIAN RIVER COUNTY, Florida. (City/County) That for and in consideration of the covenants and agreements herein set forth,the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construction of$4,500.71 (the total Contribution)to cover the differential cost between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of-0-shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be$4,500.71. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation.Any additional costs caused by a Customers change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 277/480V volt, THREE phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service,secondary, and primary conductors are to be of standard FPL design, in conduit,and with above-grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1)there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2)FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or(4)other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document,which contains a full legal description, and exact name of the legal owner to be used when an easement is prepared,as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site,as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1)the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. 34 WR#4570239 7. Before FPL can begin its engineering work on the underground electric distribution facilities,the Customer shall provide FPL with the following: a) Paving,grading,and drainage plans showing all surface and sub-surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required,and d) Copies of the Customer's final construction plans as well as other construction drawings(plot,site,sewage,electrical,etc.)requested by FPL plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording(except approval by the governing body)by a registered land surveyor. 8. Prior to FPL construction pursuant to this agreement,the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps,all trees,and other obstructions that conflict with construction,including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal,paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also,the Customer shall provide stakes identifying the location,depth,size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes,and if any of these stakes are lost,destroyed or moved and FPL requires their use,the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost,destroyed or moved by an agent,employee, contractor or subcontractor of FPL,in which case FPL will pay the Customer the cost of replacing the stakes. c) It is further understood and agreed that subsequent relocation or repair of the FPL system,once installed,will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed;and,that subsequent repair to FPL's system,once installed,will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors. d) Provide sufficient and timely advance notice 45 days)as required by FPL,for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL,by the Customer,all additional costs for trenching and backfilling shall be paid by the Customer,and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition,should they be installed prior to FPL's facilities,shall be borne by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses,due to changes made subsequent to this agreement on the subdivision or development layout or grade. Provide applicable trenching,backfilling,installation of Company provided conduit and other work in accordance with FPL specifications more 0 PP� 9. 9.� p YP P particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two(2)working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty(30)days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. g) Provide a meter enclosure, downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate FPL's service cable size and design. These items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved in modifying or replacing items which do not meet the above criteria. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install,own,and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre-construction conference with the Customer's contractors,the FPL representatives and other utilities within six(6)weeks of the start of construction. At the pre-construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPL's Electric Tariff,including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission,as they are now written,or as they may be revised,amended or supplemented. 11.This agreement shall inure to the benefit of,and be binding upon,the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupancy. A ed: Accepted: or FPL(Date) _ Customer (Date) Witness (Date) r Witness (Date) 35 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM *ftw TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cyv.-' FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Renewal of Professional Geotechnical Services Agreement for 2013-2014 DATE: February 1, 2013 DESCRIPTION AND CONDITIONS On March 2, 2010,the Board of County Commissioners approved five(5) Professional Geotechnical Service firms to provide various geotechnical services for Indian River County. The original contract was for one year with an option for three (3) one-year renewals at the county's discretion. This renewal is for the final one (1) year renewal option. County staff has negotiated standard fee schedules with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects, work orders and purchase orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff: Ardaman &Associates, Inc. Port St. Lucie, Florida GFA International, Inc. Port St. Lucie, Florida Dunkelberger Engineering&Testing, Inc. Port St. Lucie, Florida K.S.M. Engineering&Testing, Inc. Sebastian, Florida These firms have signed and returned the Renewal of Professional Geotechnical Services Agreement for Annual Geotechnical Services. The agreements are effective March 3, 2013 to March 2, 2014. All four firms maintained the previous year's fees and hourly rates. Universal Engineering Sciences, Inc. was approved by the Board of County Commissioners on ,,Ao- March 2, 2010, but did not return the renewal agreement for 2013-2014. F:\Engineering\Capital Projects\Amival Geotechnical Services Contract\2013-2014 Renewal\BCC Agn Approval Renewal Geotechnical 02-01- 36 Page Two Renewal of Professional Geotechnical Services Agreement for 2013-2014 BCC Agenda February 19, 2013 FUNDING Funding for various geotechnical services is included within the relevant capital project budgets. A majority of the services is for road projects, with funding coming from Traffic Impact Fees, Gas Tax and Optional Sales Tax. Work orders over $15,000 will come before the Board for approval with specific funding identified at that time. RECOMMENDATION Staff recommends approval of the renewal agreements and requests the Board authorize the Chairman to sign such. ATTACHMENTS 1. Renewal Agreements 2. Rate Schedules (Exhibit A) DISTRIBUTION 1. Ardaman &Associates, Inc. 2. Dunkelberger Engineering &Testing, Inc. 3. GFA International, Inc. 4. K.S.M. Engineering &Testing, Inc. APPROVED AGENDA ITEM FOR February 19, 2013 Indian River County Approved Date Administration BY Budget Legal Riskfvlana gr�neata. Public Works 214113 Engineering F:\Engineering\Capital Projects\Annual Geotechnical Services Contract\2013-2014 Renewal\BCC Agn Approval Renewal Geotechnical 02-01- 37 ��gtvER�o Board of County Commissioners 4 z 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Ardaman &Associates, Inc. for Professional Geotechnical Services from March 3, 2013 to March 2, 2014. All provisions of the original agreement, approved March 2, 2010 shall remain in full force and effect. The fee schedule for March 3, 2013 through March 2, 2014 shall remain in effect from March 3, 2013 through March 2, 2014 as stated in "Exhibit A" (attached). ARDAMAN &ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman TITLE: �6 Approved by BCC Attest: Jeffrey R. Smith, Clerk of Court & Comptroller C.�u1 = Alan S. Polackwich, Sr., County Attorney seph V13aird, County Administrator Approved as to Form and Legal Sufficiency C:\Users\dan.zrallack\AppData\LocallMicrosoft\Windows\Temporary hiternet Files\Content.Out]ook\IEEDIP11\ARDAMAN Geotechnical Services Contract Renewal 2013-2014.doc 38 Ardaman & AssOdat Gebtechnical, Environmental ==Am nr. i r_..._..14--4.... 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) www.ardaman.com EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) SITE PREPARATION PROCEDURES INSPECTION,SAMPLING AND TESTING SERVICES Monitoring of the removal of deleterious soils or materials Inspection of placement and compaction of fill material. Penetrometer tests. Sampling of natural or fill material Inspection of borrow areas. Engineering technician $44.00/hour Senior engineering technician $52.00/hour yr. Density Tests: In-situ density tests,nuclear or drive sleeve method (minimum of four per trip) $20.00/test Sampling of natural or fill material for laboratory testing;Engineering technician $44.00/hour ASPHALT:FIELD INSPECTION,SAMPLING AND LABORATORY TESTING Engineering technician time for field sampling $44.00/hour Coring: Mobilization of coring equipment: With power supplied $125.00/trip Without power supplied $100.00/trip Certified engineering technician to inspect preparation of base course/surface installation or plant control $65.00/hour Asphalt mix designs $550.00/design Marshall Stability and Flow Test(Includes pill densities) $95.00/test Extraction and gradation tests(sampled hot) $95.00/test Extraction and gradation tests(sampled from pavement) $135.00/test Density tests $22.00/test Depth measurements $8.00/test STRUCTURAL STEEL: Field inspection for visual examination of welds,ultrasonic testing,dye penetrant,magnetic particle,etc. Metals technician $65.00/hour (Equipment charge determined by project) OVERTIME AND HOLIDAY Charges will be increased 50%for work performed during weekends and official holidays. SUB-CONTRACTING SERVICES Cost Plus 12% 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 1 of 8 39 Ardaman & Associaf Geotechnical, Environmenta fi li..lam...:.-.I-. !'�...........Ii�....i.. EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) CONCRETE SAMPLING AND TESTING Cylinder samples(up to 4 cylinders per set):molding curing, and strength testing(ASTM C-31 and C-39). Cylinders shall be left in a place provided by the Contractor,covered with plastic caps and attempts made to provide shade thereon.If temperature of the air is critical to first 24 hours(during field curing), equipmentto maintain such controls shall be provided by others. $80.00/set Additional cylinders $15.00/cylinder Technician time due to construction delays and time transporting cylinders from site to office if no other work is required $44.00/hour Curing and strength testing samples delivered to our laboratory(ASTM C-39) $15.00/cylinder Continuous monitoring of concrete placement and/or extra slump and temperature tests,technician time $44.00/hour Slump tests(ASTM C-143) $15.00/test Air Entrainment(ASTM C-173) $30.00/test Unit weight $35.00/test Yield tests $35.00/test Verification of mix design $225.00/each Fineness modules $44.00/each Plant control $65.00/hour Concrete blocks.Strength tests(determined by gross area) $30.00/block Concrete blocks.Absorption and strength tests(net area) $125.00/set of 3 Block Prism Assembly $220.00/set of 3 Flexural Strength Beams(up to 3 beams)$30.00 each additional beam $150.00/set of 3 Test beams made by others $50.00/each Grout Prisms 3/set(blocks supplied by others) $80.00/set Marsh Funnel Viscosity $35.00/test SAMPLING AND TESTING OF IN-PLACE CONCRETE/SOIL CEMENT Coring and testing of cored samDles: Technician time(two technicians may be required) $44.00/hour Mobilization of coring equipment With power supplied $125.00/trip Without power supplied $100.00/trip Trimming,capping and strength test(ASTM C-42) $30.00/core Depth measurement $15.00/core Swiss Hammer Mobilization of equipment $50.00/trip Technician time $52.00/hour 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 2 of 8 40 .. Ardaman & Associaf Geotechnical, Environmental EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) ENGINEERING Data Evaluation, Engineering Analysis, Design, Inspections,Field Monitoring,etc. Senior Project Engineer(P.E./Branch Manager) Per Hour $115.00 Project Engineer Per Hour $95.00 Staff Enaineer Per Hour $85.00 CONSTRUCTION MONITORING AND FIELD TESTING Senior Field Technician Per Hour $52.00 Field Technician Per Hour $44.00 SUPPORT PERSONNEL Senior Technical Draftsman Per Hour $52.00 Technical Draftsman I Per Hour $44.00 Technical Secretary Per Hour $42.00 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 3 of 8 41 Ardaman & Associat Geotechnical, Environmental EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) CLASSIFICATION TESTS Moisture Content(ASTM D-2216) Each $15.00 Organic Content Loss on Ignition(ASTM D-2974) Each $30.00 Wet Combustion(AASHTO T-194) Each $95.00 Unit Weight/Classification(Undisturbed Sample) Each $48.00 Grain Size Distribution Sieve Analysis(ASTM D-421,D-422) Each $65.00 Percent Fines(ASTM D-1140) Each $30.00 Hydrometer Analysis(ASTM D-422) Each $85.00 Atterberg Limits(ASTM D-4318) Plasticity Index Less than 150% Per Set $105.00 Plasticity Index Greater than 150% Add'I Per Set $80.00 Shrinkage Limit(ASTM D-4943) Each $75.00 Specific Gravity(ASTM D-854) Each $65.00 Los Angeles Abrasion Each $350.00 COMPACTION TESTS Standard(ASTM D-698)or Modified Proctor(ASTM D-1557) Per Test $85.00 Maximum-Minimum Density(ASTM D-4253,D-4254) Per Set $105.00 Limerock Bearing Ratio(3 points) Per Test $275.00 CONSOLIDATION TESTS Incremental Consolidation Test(ASTM D-2435) Up to Ten Load-Unload Increments Per Test $460.00 More than Ten Load-Unload Increments Per Add'I Increment $50.00 Constant Rate of Strain Consolidation Test(ASTM D-4186) Each $560.00 PERMEABILITY TESTS Permeability Test on Sand Each $135.00 Permeability Test on Fine Grained Soil k>10-8cm/sec Each $225.00 k<10"8cm/sec Each $350.00 Test Duration Greater than 7 days Per Add'I Increment $20.00 Permeation with Fluids Other Than Water Add'i Per Test $115.00 STRENGTH TESTS Strength Index Tests(Torvane, Penetrometer,etc.) Each $12.00 Vane Shear Test Each $22.00 Unconfined Compression Test(ASTM D-2166) Strength Only Each $50.00 With Stress-Strain Curve Each $85.00 Triaxial Tests: Unconsolidated-Undrained(ASTM D-2850) Each $185.00 Unconsolidated-Undrained(with pore pressure response) Each $420.00 Consolidated-Undrained(with pore pressure measurement) Each $420.00 Consolidated-Drained on Sands Each $320.00 Consolidated-Drained on Fine Grained Soils Each $480.00 Use of Fluids Other Than Water Add'I Per Test $145.00 Direct Shear Tests(Coarse Grained Soils) Conventional 2.3"Box Shear Per Normal Load $230.00 With Stress Reversals Per Normal Load $340.00 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 4 of 8 42 Ardaman & Associat Geotechnical, Environmenta EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2,2014) CHEMICAL TESTS pH Each $15.00 Specific Conductance Each $12.00 Fluoride Each $22.00 Sulfate Each $42.00 Chloride Each $42.00 Soil pH Each $25.00 Soil Specific Conductance Each $42.00 Soil Resistivity(ASTM G-57) Each $42.00 Carbonate Content Each $65.00 Corrosion Series(pH,sulfate,chloride and resistivity) Each $155.00 CHEMICAL LABORATORY SUBCONSULTANT SERVICES Laboratory Analytical Testing Cost+ 12% GEOSYNTHETICS Geomembrane Thickness(ASTM D-1593) Per Sample $30.00 Geomembrane Density(ASTM D-792) Per Sample $46.00 Geomembrane Tensile Strength(ASTM D-638),Machine and Transverse Direction Per Set $110.00 Geomembrane Tear Resistance(ASTM D-1004),Machine and Transverse Direction Per Set $75.00 Weld Peel and Shear(ASTM D-413,D-882) Per Set $82.00 Geotextile Tensile Strength(ASTM D-4632) Per Set $110.00 Geotextile Trapezoidal Tear(ASTM D-4533) Per Set $130.00 SAMPLE PREPARATION AND SPECIAL TESTS Preparation of Samples for Testing (e.g., crushing for carbonate content determination, filtering of clayey soil for chemical tests)will be charged at$25.00 per sample.Prices for other tests on geomembranes and geotextiles will be determined per project based upon technician man-hours and other considerations. 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 5 of 8 43 BlOrM Ardaman & Associat Geotechnical, Environmental.. EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) MOBILIZATION AND DEMOBILIZATION Men and Equipment Portable Barge $250.00 Per Job $5,000.00 Minimum STANDARD DRILLING All Terrain Vehicle Add'I Price Per LF Auger Borings(4-inch) $1.50 Per Lineal Foot $9.00 Wash Borings-Cuttings Only(up to 3 inch) Soil drilling Per Lineal Foot Rock drilling Per Lineal Feet Standard Penetration Test(SPT)Borings $12.00 (ASTM D-1586)in soil(N-values<50): from surface to 25 feet Per Lineal Foot from 25 feet to 50 feet $12.00 from 50 feet to 100 feet Per Lineal Foot $13.00 from 100 feet to 125 feet Per Lineal Foot $14.50 from 125 feet to 150 feet Per Lineal Foot $18.00 Standard Penetration Test(SPT)Borings in Per Lineal Foot $22.00 high resistance soil/rock(N-values>50) Add']Price Per LF Furnish, Install,and Remove Casing(up to 4-inch): $3.50 from surface to 50 feet from 50 feet to 100 feet Per Lineal Foot $7.50 from 100 feet to 150 feet Per Lineal Foot $9.00 Drilling(Time Basis)/2 man-crew Per Lineal Foot $10.50 Per Crew-Hour $145.00 Drilling(Time Basis)/3 man-crew Per Crew-Hour $170.00 Support Water Truck(Time Basis) Per Day $120.00 Rock Coring(N or H size) from surface to 50 feet Per Lineal Foot from 50 feet to 100 feet $26.00 from 100 feet to 150 feet Per Lineal Foot $28.00 Field Permeability Per Lineal Foot $32.00 Per Test $350.00 SAMPLING Additional SPT Sampling: from 10 feet to 25 feet Per Additional Sample $23.00 from 26 feet to 50 feet Per Additional Sample $26.00 from 51 feet to 100 feet Per Additional Sample $29.00 from 101 feet to 125 feet Per Additional Sample $34.00 from 126 feet to 150 feet Per Additional Sample $39.00 Undisturbed Samples: Shelby Tube Per Sample $100.00 Fixed-Piston Shelby,Osterberg,Pitcher Per Sample $110.00 SOUNDINGS Electric Dutch Cone Soundings Per Lineal Foot $9.50 Piezocone Soundings Per Lineal Foot Muck Probing/Clay Sampling $10.50 Per Crew Hour $120.00 Cone/Piezoprobe Soundings(Time Basis Per Crew Hour $170.00 Piezoprobe Dissipation Monitoring Per Crew Hour $130.00 460 NW Concourse Place,Unit 1 Port St.Lucie, Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 6 of 8 44 a Ardaman & Associaf Geotechnical, Environmenta EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) OTHER CHARGES Clearing Difficult Access, Hole Location and Set-Up Per Crew-Hour $125.00 Standby Time Per Crew-Hour $125.00 Piezometer and Well Installation(plus materials) Per Crew-Hour $140.00 Bore Hole Grouting and Sealing(plus materials) Per Crew-Hour $140.00 Well Clearing/Sensitivity/Water Level Per Crew-Hour $125.00 Air Boat Use Per Day 300.00 Instrumentation Unit Use Per Day $150.00 Materials Per Job At Cost+ 12% Barge Borings Normal drilling rates times 1.5 ATV Borings Normal drilling rates times 1.5 ENVIRONMENTAL SITE ASSESSMENTS Phase I Environmental Site Assessments Tracts 50 acres or less(contiguous properties or per individual tract) $1,800.00 Minimum Tracts between 51 and 500 acres(contiguous properties) $2,100.00 Minimum Tracts greater than 500 acres varies `rrrr• Phase II Environmental Site Assessments varies Analytical Laboratory testing for hazardous or petroleum contamination (soil,sediment and groundwater) cost+ 15% OTHER RELATED ENVIROMENTAL DRILLING CHARGES Support Water Truck Per Day $150.00 Drumming Contaminated Soil/Drilling Fluids In 55 gallon drums(Disposal not Included) Per Drum $150.00 Drum Disposal Per Drum Varies Visqueen(100 feet by 20 feet) Per Roll $85.00 MONITORING WELL INSTALLATION Temporary 2-inch PVC Wellpoint(Piezometer)) Per Foot $18.00 2-inch PVC Per Foot $35.00 NOTE: Double cased deep monitoring well(above cost x 2) VAULT/PAD INTALLATION—MONITORING WELLS Well Size Vault Size 2, 8" w/pad $275.00 4" 12" w/pad $380.00 2"or 4" Above ground riser w/pad $275.00 DIRECT PUSH GROUNDWATER SAMPLING Direct Push Sampler(minimum 1 day) Per Day $1,500.00 ENVIRONMENTAL FIELD TESTING SERVICES Slug Injection/Withdrawal Permeability Test Each $250.00+$80.00/hour Double Ring Inffltrometer Test(ASTM D-3385-75) Each $500.00 rrr. 460 NW Concourse Place,Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 7 of 8 45 Ardaman & Associaf M" Geotechnical, Environmenta AA.-.1�..,..1.� fes.. ....El.. ...1. EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (March 3, 2013 through March 2, 2014) SPECIAL DRILLING/SOUNDING Prices for special drilling (barge drilling; air boat sampling; amphibious drilling; NQ wire line coring; large diameter borings;drilling in r_.nrrosive, contaminated or hazardous materials;drilling at great depths; installing large diameter temporary casing;etc.)field vane testing, and other specialized sampling or field tests will be determined per project. INSTRUMENTATION Prices for installation of monitor wells,inclinometers and settlement devices and prices for performing field permeability and packer tests will be determined per project. GENERAL FIELD EQUIPMENT: Generator Per Day $95.00 Steam Cleaner Per Day $100.00 Surveying Equipment(Water Table Elevations) Per Day $55.00 Peristaltic Purging Pump Per Da pHiConductivity Meter y $40.00 Per Day $25.00 Turbidity Meter Per Day $55.00 Water Level Indicator Per Day $20.00 EXPENDABLE SUPPLIES: High Capacity(0.45 micron)Filter Each $22.00 Disposable Teflon Bailer Each $18.00 Disposable Polyethylene Bailer Each $13.00 Isopropyl Alcohol(decontamination) Per Gallon $15.00 Deionized Water(decontamination) Per Five Gallon $14.00 16 oz. Soil Jars(soil headspace analysis) Per Box of 12 $10.00 Tygon Tubing Per Foot $2.50 Polyethylene Tubing Per Foot $.60 55-gallon Drum Each $65.00 HEAVY EQUIPMENT: Vacuum Truck,Dump Truck,Crane,Excavator, Trackhoe,Backhoe,etc. Per Job Cost+15% REMEDIATION EQUIPMENT: Cost is based on type of equipment and duration of project.Cost to be determined on project by project basis. Please call if you have any questions or require additional information. Sincerely, ARDAMAN &ASSOCIATES, INC. �an J. �Fallack, P.E. Date: 1/28/2013 r�nc Manager 460 NW Concourse Place, Unit 1 Port St.Lucie,Florida 34986 772-878-0072(office) 772-878-0097(fax) Page 8 of 8 46 Board o County Commissioners q cOz 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 �LORI�Q' FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Dunkelberger Engineering&Testing, Inc. for Professional Geotechnical Services from March 3, 2013 to March 2, 2014. All provisions of the original agreement, approved March 2, 2010 shall remain in full force and effect. The fee schedule for March 3, 2013 through March 2, 2014 shall remain in effect from March 3, 2013 through March 2, 2014 as stated in "Exhibit A" (attached). DUNKELBERGER ENGINEERING INDIAN RIVER COUNTY, FLORIDA &TESTING, IN . z ` Joseph E. Flescher, Chairman TITLE: �• ,' ., Approved by BCC Attest: Jeffrey R. Smith, Clerk of Court & Comptroller Alan S. Polackwich, Sr., County Attorney Yoseph . Baird, County Administrator Approved as to Form and Legal Sufficiency C\Documents and Settings\tiffanyg\Local Settings\Temporary Internet Files\Content.Outlook\5V2YOWRI\DUNKELBERGER Geotechnical Services Contract Renewal 2013-2014(2).doc 47 BUNKEhHERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule March 3rd,2013 Through March 2nd,201 Project No.PSL-09-3054 I. SOIL &AGGREGATE TESTING A. Standard or Modified Proctor(T99 or T180) $86.00/test B. Field Density Test by the Sand-Cone Method (T191) $28.00/test (Minimum of 4 tests per trip) C. Field Density by the Drive-Sleeve Method(T204) $23.00/test (Minimum of 4 tests per trip) D. Field Density by the Nuclear Method(T238) (includes moisture content determination, T239) $23.00/test (Minimum of 4 tests per trip) E. Field Sampling for Laboratory Testing $45.00/hour F. Limerock Bearing Ratio (FM 5-515) (LBR) $300.00/test G. Florida Bearing Value(FBV) $25.00/test H. Sieve Analysis of Fine and Coarse Aggregates (T27) $65.00/test I. Particle-size Analysis of Soil (T88) $45.00/test J. Percent Finer than the U.S. No.200 Sieve (FM 1-T 011) $30.00/test K. Liquid Limit of Soils (T89) $45.00/test L. Plastic Limit and Plasticity Index of Soils (T90) $45.00/test M. Organic Content of Soils (T267) $30.00/test N. Carbonates of Calcium and Magnesium (FM 5-514) $60.00/test O. Permeability of Granular Soils (sands) (Constant Head) (T125) $165.00/test P. Unconsolidated, Undrained(U" Compressive Strength of Cohesive Soils in Trail Compression(T296) $200.00/point Q. Consolidated, Undrained(CU) Triaxial Compression Test on Cohesive Soils (D4767) $385.00/point cn'7 Xrav 1--J Pnrt Qt T atri[ Flnrirla 'Ad9R6 • Phone(772)343-9787 • Fax(772)343-9404 48 BUNKEHERGER engineering & testing, inc. Indian River County `" Continuing Geotechnical Services Fee Schedule March 3rd,2013 Through March 2"d, 2014 Project No. PSL-09-3054 R. Consolidation Testing of Undisturbed Sample (T216) $375.00/sample S. Unconfined Compressive Strength of Cohesive Soil (undisturbed sample) (D2166) $40.00/test T. Unconfined Compressive Strength of Cohesive Soil (remolded sample) (D2166) $60.00/test U. Direct Shear Test of Soils Under Consolidated Drained Conditions (D3080) $200.00/test V. Soil Corrosivity(pH, sulfate, chloride, resistivity) $150.00/test II. CONCRETE TESTING A. Compressive Strength of Cylindrical Concrete Specimens (T22); includes one (1) slump test, (1) temperature measurement, molding, transporting, curing and laboratory testing(4 cylinders per set) $85.00/set B. Flexural Strength of Concrete Using Simple Beam with 3rd-Point Loading (T97); slump, temperature, molding,transporting, curing and testing (3 beams per set) $100.00/set C. Compressive Strength of Hydraulic Cement Mortar(T106) 3 cubes per set) $70.00/set Engineering technician time spent on concrete testing services will be billed at $45.00 per hour for on-site standby time in excess of I hour per set, cylinder set pickup performed not in conjunction with other field testing services, and cancellation without notice. Continuous monitoring of fresh concrete and/or additional slump and temperature tests, or air content and unit weight testing will be billed on an hourly basis at$45.00 per hour. D. Field Coring of Hardened Concrete(2" or 4" diameter) • Mobilization and Equipment Usage $115.00/day • Field Coring—technician time, portal-to-portal; $55.00/hour usually requires two technicians— 1St technician $45.00/hour billed at$55.00/hour and 2nd technician billed at $45.00/hour. Note: May also require utility notification, which is billed at a Staff Engineer's rate, and MOT (project specific requirement/costs). This task will be quoted on a project-by-project basis. 607 NW Commodity Cove,Port St.Lucie,Florida 34986 • Phone(772)343-9787 • Fax(772)343-9404 49 DUNKEhBERGER engineering & testing, inc. Indian River County N" Continuing Geotechnical Services Fee Schedule March 3`d, 2013 Through March 2nd,2014 Project No. PSL-09-3054 E. Compression Testing of Field Cores (C42) $30.00/core F. Windsor Probe (minimum of 2 shots) (C803) $57.00/shot G. Swiss Hammer(C805) and Pachometer Testing • Equipment Usage $28.00/trip • Senior Engineering Technician $55.00/hour H. Compressive Strength of Masonry Prisms (C1314) (3/set) $255.00/set I. Compressive Strength Testing of Cylinders Delivered to Dunkelberger's Laboratory(ASTM C 39) $13.00/cylinder III. ASPHALT TESTING A. Quantitative Extraction of Bitumen from Bituminous Paving Mixture(T 164) $13 5.00/test B. Stability Tests (Hubbard Field or Marshall) (3 pill set) $130.00/test C. Asphalt Thickness Determination(2" or 4" diameter) • Mobilization and Equipment Usage $115.00/day • Field Coring—technician time,portal-to-portal; $55.00/hour/ usually requires two technicians ($55/hour for 1 st $45.00/hour technician & $45.00/hour for 2nd) Note: May also require utility notification, which is billed at a Staff Engineer's rate, and MOT(project specific requirement/costs). This task will be quoted on a project-by-project basis. D. Specific Gravity of Asphalt cores for Density Determination(T166) $20.00/core 607 NW Commodity Cove,Port St.Lucie,Florida 34986 • Phone(772)343-9787 0 Fax(772)343-9404 50 DUNKEhBERGER engineering & testing, inc. Indian River County ' Continuing Geotechnical Services Fee Schedule March 3rd,2013 Through March 2❑d,2014 Project No. PSL-09-3054 IV. FIELD EXPLORATION WORK A. Soil Investigation and Sampling by Auger Borings See Item "D" below $9.25/foot B. Penetration Test and Split-barrel Sampling of Soils (T206) See Item "D"below 0' - 50': $12.00/foot 50'—75': $14.00/foot 75' - 100': $19.00/foot C. Soil Investigation and Sampling by Hollow-Stem Auger Boring (T251) —See Item"D" below 0'-50': $12.00/foot D. Mobilization/demobilization of Truck-Mounted Drill Rig - lump sum cost in addition to footage charges shown above in Items "A" and "C" $250.00/event E. SFWMD Constant/Falling Head Field Permeability Tests $350.00/test F. Casing Installation(up to 4" ID) 0' - 50': $6.00/foot 50'—75': $8.00/foot 75' — 100': $8.00/foot G. Grout Seal Boreholes 0' - 50': $4.00/foot 50' - 75': $6.00/foot 75' — 100': $6.00/foot H. Pressure Cleaning Drilling Tools • Steam Cleaner $145.00/day • Rig Time $150.00/hour I. Cone Penetration Sounding $10.50/foot J. Rock Coring(HQ Barrel) 0' — 50': $30.00/foot 50' —75': $32.00/foot 75' — 100': $34.00/foot K. Thin-Walled Tube Samples (Shelby and Fixed Piston) $100.00/each L. Groundwater Measurement and Sampling 1. Shallow Piezometer (less than 12 feet) $25.00/lf 607 NW Commodity Cove,Port St. Lucie,Florida 34986 • Phone(772)343-9787 • Fax(772)343-9404 51 DUNKEhBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule March 3rd,2013 Through March 2nd, 2014 Project No. PSL-09-3054 2. Grouted Piezometer(2 inch diameter) 0—25 ft depths $30.00/lf 25 — 50 ft depths $30.00/lf 50—75 ft depths $35.00/lf 75 — 100 ft depths $38.00/lf 3. Groundwater Monitoring Wells (2" diameter) 0—25 ft depths $30.00/lf 25 — 50 ft depths $33.00/lf 50—75 ft depths $40.00/lf 75 — 100 ft depths $50.00/lf 4. Locking Protection Assembly(Riser) $290.00/each 5. Locking Protection Assembly(flush mounted) $290.00/each 6. Clear/Develop Wells for Sampling $150.00/hour 7. Sampling of Wells/Deliver to Water Quality Laboratory $65.00/hour M. Double-Ring Infiltration Test $500.00/test N. Field Vane Shear Test $55.00/test, Plus drilling costs O. Drill Rig/Crew(2-man) Stand-by $150.00/hour Note: This work usually requires utility notification and engineering analysis. MOT may also be needed. This work will be quoted on a project-by-project basis. Naw 607 NW Commodity Cove,Port St.Lucie,Florida 34986 • Phone(772)343-9787 • Fax(772)343-9404 5 2 DUKKUBERGER engineering & testing, inc. Indian River County `" Continuing Geotechnical Services Fee Schedule March 3rd, 2013 Through March 2nd, 2014 Project No. PSL-09-3054 V. ENGINEERING SERVICES A. Technician Inspection Services • Engineering Technician $45.00/hour • Senior Engineering Technician/Inspector $55.00/hour B. Certified Building (Concrete/Steel) Inspection Services $75.00/hour C. ClericaUWord Processing $40.00/hour D. Computer Graphics $50.00/hour E. Environmental Technician $65.00/hour F. Staff Engineer $75.00/hour G. Project Engineer $95.00/hour H. Registered Professional Engineer $120.00/hour I. Principal Engineer Quoted upon request [Expert Witness, Consultation and Other Specialty Engineering Work] Notes 1. Hourly rates are portal-to-portal. 2. An overtime factor of 1.5 will be applied to the attached rates for work performed on weekends, holidays, and outside the regular work week (7:30 a.m. to 5:00 p.m. Monday through Friday). 3. These fees do not include costs for maintenance-of-traffic (MOT) and/or utility locations which may be required for certain jobs. These costs will be negotiated on an as-needed, case-by-case basis. 4. The Field Exploratory Work costs are for land-based work using truck-mounted drilling equipment only. Sites requiring all-terrain drilling equipment, clearing, and water-based work will be quoted on a site specific basis. 5. Third parry charges and other out-of-pocket expenses will be billed at cost plus 12%. I-MA.. Submitted B Date: January 9, 2013 Cra' , Dunkelberger, P.E,i V e President/Principal-i harge 607 NW Commodity Cove,Port St.Lucie,Florida 34986 • Phone(772)343-9787 • Fax(772)343-9404 5 3 Board of County Commissioners q z 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 �LOR1�Q' FAX. (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and GFA International. Inc. for Professional Geotechnical Services from March 3, 2013 to Marrh 2, 2014. All provisions of the original agreement, approved March 2, 2010 shall remain in full force and effect. The fee schedule for March 3, 2013 through March 2, 2014 shall remain in effect from March 3, 2013 through March 2, 2014 as stated in "Exhibit A" (attached). GFA INTERNATIONAL, INC. INDIAN RIVER COUNTY, FLORIDA Ung r TP rniIMTV SEAL Joseph E. Flescher, Chairman SEAL TITLE: 7. w Yy Approved by BCC Attest: ao, Jeffrey R. Smith, Clerk of Court & Comptroller (n n a -n . A. g(if j Alan S. Polackwich, Sr., County Attorney Ooseph t Baird, County Administrator Approved as to Form and Legal Sufficiency C:\Documents and Settings\dalker\Local Settings\Temporary Internet Files\OLK9\GFA Geotechnical Services Contract Renewal 2013-2014.doc 54 GFA INTERNATIONAL, 521 ENTERPRISE DRIVE, PORT ST.LUCIE,FLORIDA`°349b�6HIBIT " ll (772)924-3575 OFFICE - (772)924-3580 FAX A 1-0.- - SCHEDULE OF SERVICES AND FEES Indian River County Annual Contract- March 3, 2013 through March 2,2014 SOIL TESTING Standard or Modified Proctor(sandy soils) ..............................................................................................$75.00/ea. Standard or modified Proctor(limerock/shell)............................................................................................90.00/ea. Field Density Test(nuclear method)—minimum 3 tests per trip ...............................................................20.00/ea. Field Density Test(sand cone method)—minimum 3 tests per trip ...........................................................27.00/ea. LimerockBearing Ratio (L.B.R.)............................................................................................................... 250.00/ea. FloridaBearing Value(F.B.V.)......................................................................................................................25.00/ea. SieveAnalysis with Hydrometer...................................................................................................................175.00/ea Sieve Analysis for Soil(full gradation including No. 200 sieve-does not include hydrometer analysis)65.00/ea. Sieve Analysis(material finer than No.200 sieve by washing).................................................................. 30.00/ea. Laboratory Permeability Test (sandy soils)................................................................................................ 85.00/ea. Atterberg Limits(liquid limit and plastic limit) ..........................................................................................95.00/ea. Chemical Analysis(carbonates of calcium and magnesium) ......................................................................60.00/ea. MoistureContent............................................................................................................................................25.00/ea. OrganicContent..............................................................................................................................................30.00/ea. SamplingTrip Charge....................................................................................................................................45.00/hr. CONCRETE TESTING Concrete Cylinders: (Set of four 4"x 8"cylinders) slump test,casting,curing and testing......................$70.00/set SlumpTest...................................................................................................................................................... 15.00/hr. AirContent......................................................................................................................................................20.00/ea. UnitWeight of Concrete................................................................................................................................ 30.00/ea. r". Windsor Probe(3 shots per location) .........................................................................................................150.00/ea. Swiss Hammer Test(per location-minimum of 3 locations) ....................................................................50.00/ea. Field Coring(minimum of 3 locations) ........................................................................................................50.00/ea. Mobilization/Demobilization for Field Coring........................................................................75.00/ea. CompressionTesting of Field Cores .............................................................................................................30.00/ea. MortarCubes(set of 6) .................................................................................................................................70.00/set GroutPrism(set of 3) ....................................................................................................................................75.00/set ASPHALT TESTING StabilityTests(Marshall) ..........................................................................................................................$130.00/ea. BitumenContent(Extraction) ....................................................................................................................125.00/ea. Sieve Analysis of Extracted Aggregate ........................................................................................................50.00/ea. Asphalt Thickness Determination using 2" or 4" Core Drill(minimum of 3) .........................................30.00/ea. 6" Core Drill(per D.O.T.specs) 1- 10 Cores .................................................................................40.00/ea. AdditionalCores ..............................................................................................................................30.00/ea. Mobilization/Demobilization of coring equipment...................................................................75.00/ea. Specific Gravity of Asphalt Cores for Density Determination ...................................................................25.00/ea. ENGINEERING SERVICES ProjectEngineer ......................................................................................................................................... 125.00/hr. StaffEngineer........................:........................................................................................................................85.00/hr. ProjectManager............................................................................................................80.00/hr SeniorTechnician.......................................................................................................................................... 50.00/hr. Technician Inspection Services: RegularTime ...................................................................................................................................45.00/hr. Overtime(5:00pm—7:00am).......................................................................................................... 55.00/hr. �.... Overtime(weekends)....................................................................................................................... 65.00/hr. Monitoring of Pile Installation: RegularTime ...................................................................................................................................55.00/hr. Overtime(5:00pm—7:00am).......................................................................................................... 65.00/hr. 55 GFA International,Inc. Page 2 of 2 Steel Inspection(Visual Welding Inspection and Bolt Inspection): RegularTime ...................................................................................................................................55.00/hr. w► Overtime .......................................................................................................................................... 65.00/hr. ClericalServices .............................................................................................................................................40.00/hr. Threshold Inspection Services .......................................................................................Prices quoted upon request STANDARD PENETRATION TESTING 0-50,.................................................................................................................................................................12.00/ft. 501-75...............................................................................................................................................................15.00/ft. AdditionalSamples(10'to 25') ................................................................................................................... 20.00/ea. AdditionalSamples(25'to 50') ................................................................................................................... 25.00/ea. Additional Samples(50'to 751) ................................................................................................................... 30.00/ea. Mobilization/Demobilization(25 mile radius)............................................................................... 150.00 lump sum Groutingof SPT holes ..................................................................................................................................... 2.50/ft. For samples placed in jars,the cost of the jars are additional with no markup. DUTCH CONE PENETROMETER TESTING 0 -50'...................................................................................................................................................................9.00/ft. 50'-75'.............................................................................................................................................................13.00/ft. 753+...................................................................................................................................................................16.00/ft. Mobilization/Demobilization(25 mile radius)...........................................................................................175.00/job HAND CONE PENETROMETER TEST(HCP) 01-69.................................................................................................................................................................10.00/ft. 6'+.....................................................................................................................................................................12.00/ft. Mobilization/Demobilization (25 mile radius)...........................................................................................100.00/job `... HAND AUGER BORINGS 0-6......................................................................................................................................................................8.00/ft. 6-10'.................................................................................................................................................................11.00/ft. Mobilization/Demobilization(25 mile radius)...........................................................................................100.00/job EXFILTRATION TEST UsualOpen Hole Test...................................................................................................................................300.00/ea. ROCK CORING,BORINGS FROM BARGE OR OTHER SPECIALTY DRILLING Prices quoted based on project MONITOR WELLS Prices quoted based on project HAZARDOUS WASTE ASSESSMENT Prices quoted based on project PHASE I ENVIRONMENTAL PROPERTY ASSESSMENT Prices quoted based on project ADDITIONAL TESTING,DRILLING,OR ENGINERING SERVICES Prices quoted based on project Respectful ubmitted, GFA Inj na 'onal, Daid Alker, Project Coordinator Date �j ' 56 Board of County Commissioners q z 180127th Street Vero Beach, Florida 32960 * Telephone: (772) 567-8000 �LOR19Q' FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and K.S.M. Engineering&Testing, Inc. for Professional Geotechnical Services from March 3, 2013 to March 2, 2014. All provisions of the original agreement, approved March 2, 2010 shall remain in full force and effect. The fee schedule for March 3, 2013 through March 2, 2014 shall remain in effect from March 3, 2013 through March 2, 2014 as stated in "Exhibit A" (attached). K.S.M ENGINEERING &TESTING, INC. INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved by BCC Attest: C Jeffrey R. Smith, Clerk of Court & Comptroller Alan S. Polackwich,'Sr., County Attorney J 2eph A. Baird, County Administrator Approved as to Form and Legal Sufficiency C:\Users\Linda\AppData\Local\Microsoft\Windows\Temporary Internet Files\0LK84El3\KSM Geotechnical ServicesContract Renewal 2013- 2014.doc 57 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772)337-7755 P.O. BOX 7$_1377, SEBASTIAN, FL 32978-1377 SEBASTIAN(772)589-0712 PALM BEACH(561)845-7445 www.ksmengineering.net MELBOURNE(321)768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST LUCIE(772)229-9093 C.A.:5693 FAX(772)589-6469 FEE SCHEDULE Indian River County Professional Geotechnic.al-S-ervic,as-_,___.,_.____ T 03/03/2013 - 03/012/ 1 ' CONCRETE TESTING e .1 , i �� Concrete Test Cylinders (4 cylinders/Set) Includes: Slump, Pick Up and Laboratory Work. . . . . . . . . . . . . . . . $ 85. 00/Set Technician Time Due to Construction Delays In Excess of 1 . 0 Hour Standby (Per Set) . . . . . . . . . . . . . . 40. 00 hr. Continuous Monitoring of Concrete Placement (Inspections/Slumps) If Requested . . . . . . . . . . . . . . . . . . . 40. 00 hr. Air Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 00 ea. Unit Weight of Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . 00 ea. Field Core (minimum of 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 ea. Swiss Hammer Test (Minimum of 3 per trip) . . . . . . . . . . . . . . 35. 00 ea. Mortar Cubes (Set of 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85. 00/set SOIL TESTING Standard or Modified Proctor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00 ea. Field. Density Test (Minimum of 3 per visit) . . . . . . . . . . . . 20. 00 ea. Florida Bearing Value (FBV) (Minimum of 3 samples) . . . . . 25. 00 ea. Limerock Bearing Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 . 00 ea. Carbonate Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 ea. Sieve Analysis (Includes #200 Sieve Washed) . . . . . . . . . . . . 100. 00 ea. #200 Sieve (Washed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 ea. Pick-Up Sample (No Charge with Additional Site Testing) 40. 00 hr. D.E. P. Requirements for Beach Sand. . . . . . . . . . . . . . . . . . . . . 300. 00 ea. SFWMD Percolation Test (Including 14' Boring) . . . . . . . . . . 300.00 ea. Shelby Tube (Sandy Soils) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 00 ea. ASPHALT TESTING 2" Cores For Thickness Determination . . . . . . . . . . . . . . . . . . $ 30. 00 ea. Extraction & Gradation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125. 00 ea. Marshall Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125. 00 ea. Pick-Up Sample (No Charge with Additional Site Testing) . 40. 00 hr. Field Density Test (Minimum of 3 per visit) . . . . . . . . . . . . 20. 00 ea. STANDARD PENETRATION TESTING Soil Borings 0 '-201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00/ft. Soil Borings 20 ' -401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 50/ft. Soil Profiles - Hand Augers . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 00/ft. Static Cone Penetrometer Readings 10. 00 ea. Mobilization/Demobilization for SPT or Soil Profiles 125. 00 ea. 1 58 KSM KELLER, SCHLEIC HER & MacWILLIAM ENGINEERING� 87ANDE TESTING, oC2 MARTIN(772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 3 MELBOURNE(321)768-8488 PALM BEACH(561)845-7445 www.ksrnengineering.net ST. LUCIE(772)229-9093 FAX(561)845-8876 E-Mail:KSM@KSMENGINEERING.NET FAX(772)589-6469 C.A.: 5693 FEE SCHEDULE Indian River County Professional Geotechnical Services 03/03/2013 - 03/02/2014 ENGINEERING SERVICES Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . Staff Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • „ _ _ • . , , 85.00/hr. Technician Inspection Services : 45.00/hr Regular Time 55. 00/hr. Overtime (5: 00 pm - 7 : 00am) . . . . . . . . . . . . . . . . . . . . . . . 65.00/hr. Overtime (weekends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring of Pile Installation: 55. 00/hr. Regular Time 65.00/hr. Overtime (5: OOpm - 7 : 00am) . . . . . . . . . . . . . . . . Steel Inspection (Visual Welding Inspection and Bolt Torque Testing) : Regular Time • . 65.00/hr. Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerical Services - Word Processing. . . . . . . . . . . . . . . . . . . 40. 00/hr. 80.00/hr. Threshold Inspection Services . . . . . . . . . . . . . . . . . . . . Ey: _ . J i E. Zli er, P.E. Tit - sidehInt Date: V 2 59 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 11, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown,Director, Office of Managementnd B dget FROM: Jerry Davis, Purchasing Manager SUBJECT: Award of RFP No. 2013025 for Auction Services BACKGROUND: In accordance with Florida Statutes and county policy, Indian River County utilizes the services of an auction company for the disposal of surplus equipment and real property. The previous auction agreement awarded to Karlin Daniel and Associates September 2010 expired September 30, 2012. The auctioneer determined that he did not want to renew that agreement. Based on that decision the Purchasing Division has requested proposals from qualified firms to provide continuing auction services for Indian River County. The RFP was advertised in the local Indian River Press Journal and posted on the Internet with DemandStar.com on January 19, 2013, The Purchasing Division also forwarded the advertisement to all local firms that met the minimum requirements, as set forth in the RFP. RFP RESULTS: Advertising Date: January 19, 2013 RFP Opening Date: February 8, 2013 at 2:00 pm DemandStar Broadcast to: Fifty(50) Vendors Specifications Requested by: Nine (9) Vendors Replies: One (1) Vendor RFP TABULATION: r>i?ro ,osin ` oxrin _•. ,z . Lbcatozi On Trial ?ro' ,osal , : Co Associate Auctions, LLC Stuart, FL Y Y ANALYSIS: The sole proposal, submitted by Associate, LLC meets all of the requirements spelled out in the Request for Proposal. Auctions for surplus personal property, equipment and vehicles would be at no cost to the County. The Auction Company would cover the cost of all advertising both in print media and through the Internet. There would be a "buyers' premium" of 10% added to the sale price of all items. For the sale of Real Property, there would be two types of auctions to consider. An "absolute" auction, where 1440- the sale is to the highest bidder regardless of price, and a "reserve" auction where the county sets the minimum price it will accept. For an "absolute" auction, the terms set forth above would apply. For a FAPurchasing\Bids\^_012-2013 FY(2013000)\2013025 RFP for Auction ServiceMgenda.doc 60 CONSENT "reserve" auction, the Board of County Commissioners would have the opportunity to approve the agreed upon advertising funds required by the auction campaign and said funds would be advanced by the County to the auction company. Upon acceptance by the Board of the auction results and the subsequent closing of the transaction, the advanced advertising funds will be credited back to the County with the proceeds. In the event the bid price for the real property does not meet the county established minimum price, the county would not receive credit for the actual advertising amount used by the auction company to promote the auction. RECOMMENDATION: Staff recommends awarding this Request for Proposal (RFP) to Associate Auctions, LLC, as the sole responsive and responsible respondent meeting the specifications as set forth in the RFP. In addition, staff requests the Board of County Commissioners approval of the attached sample agreement and authorization for the Chairman to execute said agreement when required certificate of insurance has been received and approved by Risk Management and the County Attorney has approved the agreement as to form and legal sufficiency. FUNDING: No funding is allocated for these services at this time. Due to the uneven and uncertain nature of our needs for these services, funding sources will be determined on a case by case basis. The amount and source of funding will be identified prior to the auction in each case. ATTACHMENTS: RFP Tabulation Associate Auctions, LLC proposal Sample agreement APPROVED AGENDA ITEM Indian River Co Approved Date BY: Admin /rf oseph . Baird, County Administrator Budget De artment FO : G Risk Manager F:\Purchasing\Bids\2012-2013 FY(2013000)\2013025 RFP for Auction Services\Agenda.doc 61 RFP Nol 3025 Indian Rive unty Purchasing Division 1800 27th Street, Vero Beach,FL .32960 Witness• Macghan McLaughlin RFP Name: RFP for Auction Services (772)226-1416 Witness: Jennifer Hyde RFP Opening Date: 2/8/13 RFP TABULATION SHEET Time: 2:00 pm Company Location Disclosure Original 5 Copies Submittal — Associate Auctions, LLC Stuart, FL Y Y Y N AGREEMENT FOR AUCTION SERVICES "HIS AGREEMENT is entered into as of the day of , 2013, by and between Indian ver County, a political subdivision of the State of Florida, having its principal address at 1801 27th Street, 'Vero Beach, Florida 32960 ("County") and Associate Auctions, LLC, a Florida corporation, having its principal address at 416 SE Cortez Ave., Stuart, Florida 34994 ("Auctioneer"). WHEREAS, County has issued Request for Proposal #2013025 ("PEP") for auction services, and Auctioneer, a duly licensed auctioneer under Chapter 468, Part VI, Florida Statutes, has submitted a response to the RFP, and WHEREAS, County has accepted Auctioneer's response to the RFP, and the parties now desire to enter into this written agreement setting forth the terms and conditions under which Auctioneer will provide auction services to County. NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and other good and valuable consideration,the parties hereby agree, as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Scope of Work. When requested in writing from time to time by County, Auctioneer shall provide auction services as defined in and in accordance with Chapter 468, Part VI, Florida Statutes. Specifically, Auctioneer shall (i) provide all staff (licensed as necessary) and equipment to organize, coordinate and conduct one or more auctions of personal property or real property owned by County, (ii) provide advertising for each auction, including notifying individuals and companies on Auctioneer's maintained bidders lists, printing and distributing brochures, and advertising in trade journals, newspapers and other such publications, (iii) use best efforts to obtain the best possible price for all auction items, (iv) provide law enforcement personnel to direct traffic, (v) provide refreshment services for bidders, (vi) provide set up, tear down, and clean up services, (vii) provide an accounting and report of each auction, including a lists of registered bidders, lot items, successful bidders and other relevant information, and remit sale proceeds to County within 10 days of each auction, and (viii) provide all other usual and customary services for each auction. All such services shall be provided in a competent and professional manner, consistent with the standards of licensed, competent and professional auctioneers in the state of Florida, and shall comply with all applicable laws, including, without limitation, all requirements of Chapter 468, Part VI, Florida Statutes. Auctioneer shall provide portable restroom facilities at the auction site if permanent facilities are not available. 3. County's Responsibilities. County shall (i) provide at least 60 days written notice of each requested auction, (ii) provide at least 30 days written notice of the items to be auctioned, (iii) provide a suitable location for each auction, with adequate restroom facilities, (iv) prepare, publish and pay for any required legal notices, and (v) provide certificates of title for all titled personal property sold in each auction. 4. Reserve Auctions. Notwithstanding any other provision to the contrary, in the event of a reserve auction (i) County and Auctioneer shall agree on an advertising budget, (ii) County shall initially pay advertising expenses in accordance with the agreed budget, (iii) if a bid is not received in excess of the reserve, and therefore the auction does not result in a sale, County shall bear the final burden of such advertising expenses without reimbursement or contribution from Auctioneer, and (iv) if a bid is received in excess of the reserve, and therefore the auction does result in a sale, Auctioneer shall reimburse County for such advertising expenses out of Auctioneer's compensation. 5. Auctioneer's Compensation. For the services set forth herein, County agrees that Auctioneer shall receive a 10% buyer's premium. Specifically, bidders shall be informed that the terms of each auction sale shall include payment by the successful bidder of a premium of 10% of the amount of Page 1 of 4 63 the successful bid, in addition to the amount of the bid itself. Such additional 10% premium shall be known as the buyer's premium, and shall be paid to Auctioneer as compensation for services set forth herein. 6. Terms of Sale. All sales shall be made on an "as is — where is" basis, without express or implied warranties. Buyers shall make payment in full, including payment of the buyer's premium, and shall remove all purchased items on the day of the auction, unless other arrangements acceptable to County are made. 7. Auctioneer's Licenses and Certificates. Auctioneer represents that it has at the time of execution of this agreement, and will have at all times during the term of this agreement, all professional and business licenses and certificates required for the performance of auction services in the state of Florida. 8. Insurance. Auctioneer shall procure, pay for, and maintain at least the following insurance coverages and limits. Said insurance shall be evidenced by delivery to the County of(i) certificates of insurance executed by the insurers listing coverages and limits, expiration dates, terms of policies and all endorsements, whether or not required by the County, and listing all carriers issuing said policies; and (ii) upon request, a certified copy of each policy, including all endorsements. The following insurance requirements shall remain in effect throughout the term of this agreement. a. Workers' Compensation in at least the limits as required by law, and Employers' Liability Insurance of not less than $100,000.00 for each accident. b. Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual, Premises/Operations, Products/Completed Operation and Personal Injury covering liability assumed under the indemnification provisions of this agreement, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000.00, each occurrence; and property damage of not less than $1,000,000.00, each occurrence. (combined single limits of not less than $1,000,000.00, each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form Property Damage coverage and Fire Legal Liability of not less than $50,000.00 per occurrence, C. Commercial Automobile and Truck liability covering owned, hired, and non-owned vehicles with combined single limits of not less than $1,000,000.00, each occurrence. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. d. Professional Liability Insurance (including Errors and Omissions) with minimum limits of $500,000.00 per occurrence, if occurrence form is available; or claims made form with "tail coverage" extending three (3) years beyond completion and acceptance of the project with proof of"tail coverage"to be submitted to County. In lieu of"tail coverage," Auctioneer may submit annually to County a current Certificate of Insurance proving claims made insurance remains in force throughout the same three (3) year period. e. Each policy shall require that thirty (30) days prior to expiration, cancellation, nonrenewal, or any material change in coverage or limits, a notice thereof shall be given to: Indian River County, Purchasing Division, 1800 27h Street, Vero Beach, FL 32960. Auctioneer shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal, or material change in coverage received by Auctioneer from its insurer; and nothing contained herein shall absolve contractor of this requirement to provide notice. L Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of contractor. Page 2 of 4 64 g. The term "County" shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of County and individual members, commissioners, employees thereof in their official capacities, while acting on behalf of Indian River County. h. Indian River County Board of County Commissioners shall be endorsed to the required policy or policies as an additional insured. i. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County, to any such future coverage, or to County's self-insured retention of whatever nature. 9. Indemnification. Auctioneer shall indemnify and save harmless Indian River County, its commissioners, officers, employees, and agents, from and against all claims, suits, actions, damages, causes, or action or judgments (collectively "claims") arising out of or related to any negligence, intentional wrongdoing, breach of applicable law or breach of the resulting agreement, and from and against all costs, attorney's fees, expenses, and other liabilities incurred in the defense of any such claims. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the County as set forth in Florida Statute Section 768.28. 10. Contract Documents. The contract documents shall consist of this agreement and all documents comprising the RFP. 11. County's Right of Inspection. At any time during the term of this agreement, and for a reasonable period of time thereafter, County shall have the right to inspect any of Auctioneer's books and records relating to an auction held pursuant to this agreement. 12. Public Records. Auctioneer acknowledges that any records made or received by County in connection with this agreement or any auction held hereunder, are subject to the Public Records Act, Chapter 119, Florida Statutes. 13. "Piggybacking." With County's written approval, and to the extent permitted by law, any other governmental entity may "piggyback" off this agreement and participate in any auction held by County. 14. Form of Notice. Any notice hereunder shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii) hand delivery, with written acknowledgement of receipt by the recipient, all to the address for such party set forth above. 15. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 16. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 17. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 18. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court of the State of Florida. Venue shall be in Indian River County, Florida. Page 3 of 4 65 19. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this agreement, the prevailing party shall recover from the non-prevailing part all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. l... 20. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY TRIAL. 21. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners. 22. Term/Termination. This agreement shall be for an initial twelve (12) month term. Thereafter, the agreement may be renewed for up to five successive twelve (12) month periods, by subsequent renewal agreement(s) signed by both parties. Either party may terminate this agreement at any time upon thirty days written notice. 23. Auctioneer's Representation. Auctioneer represents and warrants that all statements and information set forth in Auctioneer's response and other submittals to the RFP were at the time of submittal, and are as of the date of this agreement, true and correct. 24. Assignment. Neither party may assign this agreement without the written approval of the other, which approval may be withheld at the sole judgment and discretion of the other party. TN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written )ove. ASSOCIATE AUCTIONS,LLC INDIAN RIVER COUNTY Name Joseph E. Flescher, BCC Chairman Approved by BCC Title Witnessed by: APPROVED: ATTEST: By: Jeffrey R. Smith, Clerk of Court and Joseph A. Baird, County Administrator Comptroller By: Approved as to Form and Legal Sufficiency Deputy Clerk By: County Attorney Page 4 of 4 66 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 8, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Vincent Burke, P.E., Director of Utility Services FROM: Jerry Davis, Purchasing Manager 0�� SUBJECT: Approval of Bid Award for IRC Bid No. 2013019 Vero Shores Pump Station No. 143 Force Main Replacement BACKGROUND: The Department of Utility Services has requested the solicitation of bids for the Vero Shores Pump Station No. 143 Force Main Replacement Project. �-- BID RESULTS: Bid Opening Date: January 18, 2013 Advertising Date: December 10, 2013 DemandStar Broadcast to: 708 Vendors Specifications Requested by: 58 Vendors Replies: Four Vendors BID TABULATION: f R Andrew Sitework, LLC !Fort M ers, FL $184,217.70 Timoth Rose Contractin , Inc. ro Beach, FL $189,061.23 Melvin Bush Construction, Inc. Port St. Lucie, FL $241,527.51 Intercounty Engineering, Inc. Pompano Beach,FL $304,980.00 ENGINEER'S ESTIMATE: $175,000.00 SOURCE OF FUNDS: Funding for the Vero Shores Pump Station No. 143 Force Main Replacement Project in the amount of $184,217.70 is budgeted in the Vero Shores PS #143 account in the R & R budget in the operating fund. Operating Funds are derived from water and sewer sales. C\Users\ccorrente\Downloads\Desktop\Agenda-2013019.doc 67 CONSENT AGENDA Account Number Account Description Amount 47123536-044699-09506 Vero Shores PS 4143 $184,217.70 RECOMMENDATION: Staff recommends awarding this bid to Andrew Sitework, LLC, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the invitation to bid. Staff further requests that the Board of County Commissioners approve the 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. ATTACHMENTS: Recommendation of Award Bid Tabulation Bid Sample Agreement APPROVED AGENDA ITEM Indian River Co Apgkoved Date Admin JIM - /A'f/ BY: Legal 3' -,l3 J seph . Baird, County Administrator Budget 13 Department •u—�9 FOR: �� �0 Risk Manager C\Users\ccorrente\Downloads\DesktopWBenda-2013019.doc 68 RECEIVED Indian River County Il�TDIAN RIVER COUNTY Purchasing Division o Department of Utilitv Services =-0 s- 13 P o :; A z �j RcvD Nftw ORI9A Memo To: Jerry Davis,Manager,Purchasing Division From: Gordon E. Sparks,P.E.,Environmental Engineer �175 Thru: Mike Hotchkiss,P.E., Capital Projects Manager Thru: Vincent Burke,P.E.,Utilities Director Date: January 22,2013 Re: Bid Award Recommendation for Bid No. 2013019 Vero Shores 10" Force Main Replacement Project WIP Number 47123536-044699-09506, UCP#4004 The Utilities Department has had many problems with a 10" AC Transite force main that serves the Vero Shores area due to breakages since it was constructed in 1958 by the General Development Corporation. On April 14,2009 the BCC approved a project to replace the force which extends from lift station 143 to Old Dixie Hwy. However, because of difficulty obtaining an easement from Young's Market east of US 1, the project was delayed. Another similar easement was also required on the west side of US 1 when a survey revealed the existing force main was not entirely within a 10-foot utility easement. Further need to replace the force main was realized when the FDOT notified the County of upcoming drainage construction in US 1 that would be in conflict with the existing force main.The project was finally put out for public bid on October 31,2012. On Friday,January 18,2013 four(4) Bids were received and opened at 2:00 PM for the above referenced project. A Bid Tabulation prepared by Purchasing is attached. The apparent low bidder is Andrew Sitework of Fort Myers,FL. Utilities Staff conducted a reference check included with Andrew Sitework's submittals. All were very positive in regards to Andrew Sitework's abilities,staff, budget control, adherence to schedules and work ethics.In this light they appear very capable to construct the Vero Shores force main replacement. The Engineer's Cost Estimate for construction was $175,000; however this estimate was prepared in 2011 using Utilities Labor Contract bid items,which were lower than the actual bid prices. Therefore,the staff of the Utilities Department recommends that the bid be awarded to the lowest responsive, responsible Page 1 F:\Utilities\UTILITY-ENGINEERING\Projects-Utility Construction Permits\]RC-Vero Shores 10-INCH Force Main Replacement UCP#4004\OA-BID RECOMMENDATION Memo to PURCHASING-January 22,2013 cmc.doc 69 '... bidder,Andrew Sitework of Fort Myers,Florida,for$184,217.70.A sample contract(two copies)has been prepared and is attached to this memo for pre-approval(in form) by the BCC in awarding the project. Funding for the project will come from the R&R budget in the Operating Fund.The Operating Fund budget is derived from water and sewer revenues. Attachments: 1.Bid Tabulation 2.Sample Agreements(2) 0 Page 2 70 r INDIAN RIVER COUNTY Witness: Jennifer Hyde PURCHASING DIVISION Witness: Maep_han McLaughlin 1800 27th Street,Vero Beach,FL 32960 v V v H H BID TABULATION a u Bid Opening Date: Time: .� a o C v V January 18,2013 2:OOPM a w W V w w a� s •� c s Bid No. Department CA 2013019 Utilities Bid Title Vero Shores Pump Station No. 143 'fl y Force Main Replacement Q f� ►� W a E" Bid Form (Revised) Y Y Y Y Addendum #1 Y Y Y Y Trench Safety Y Y Y Y Bid Bond Y Y Y Y Schedule of Subcontractors Y Y Y Y Disclosure Y Y Y Y Information Required of Bidders Y Y Y Y TOTAL CONSTRUCTION COST 11 °184,217.70 $ 304,980:00: 1 ,'241,527.51 $ 189,061.23 COMMENTS: SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2012022 VERO SHORES PUMP STATION No. 143 FORCE MAIN REPLACEMENT THIS AGREEMENT ("Agreement" or"Contract") dated 2013 by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and Andrew Sitework of Fort Myers, FL ("CONTRACTOR"). BACKGROUND RECITALS A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents. B. CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents. NOW THEREFORE, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, agree as follows: ARTICLE 1 WORK - 1.1. CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows, and shall include, but is not necessarily limited to the following: Construction of approximately 700 LF of 12" HDPE Directional Bore Force Main, 400 LF of 10" PVC Force Main and associated appurtenances from County Lift Station No. 143 (behind and east of Young's Market) west under US 1 and the FEC Railway to Old Dixie Highway. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances; 12" directional bores, 10" PVC pipe, valves, wet taps, ARV's, restrainers, soil compaction, testing, non-paved road and drive restorations, sod, private property replacement or repair, franchise utility repair traffic control and construction staking. PVC pipe shall be C-900 and HDPE shall be DR 11 per Indian River County Utility Standards and specifications. Contractor is responsible for removal and disposal of excess drilling mud. ARTICLE 2 ENGINEER ... 2.1. The project has been designed by Gordon E. Sparks, P.E. hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities 00530-1 ATTACHMENT 2 72 and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1. Contract Times. The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 60 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 61 calendar days to 75 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, 00530-2 73 CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of$184,217.50. ARTICLE 5 PAYMENT PROCEDURES 5.1. General. 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. 5.2. Progress Payments. 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 (5010) 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. 5.3. Pay Requests. 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 progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or 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. 00530-3 74 ARTICLE 6 FINAL PAYMENT •... 6.1. Acceptance And Final Payment: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 6.2. Acceptance of Final Payment as Release. 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 Payment and Performance Bonds. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.1.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.1.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.1.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in ... respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other 00530-4 75 terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.1.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.1.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS 8.1. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1.1. This Agreement (Section 00530). 8.1.2. Public Construction Bond (Section 00600). 8.1.3. Notice of Award and Notice to Proceed (examples in Section 00800). 8.1.4. General Conditions (Section 00700). 8.1.5. Supplementary Conditions (Section 00800). 8.1.6. Specifications bearing the title "Vero Shores Pump Station No. 143 Force Main Replacement" as listed in the table of contents hereof. 8.1.7. Drawings, inclusive with each sheet bearing the following general title "Vero Shores Pump Station No. 143 Force Main Replacement", inclusive. �... 8.1.8. Addenda numbers to 8.1.9. CONTRACTOR'S Bid (Section 00300). 8.1.10. Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, September 2011", or the latest version thereof. 8.1.11. The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 8.2. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1. Definitions. Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No Assignment. The CONTRACTOR shall not assign, transfer, or otherwise dispose of this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurrence to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns and legal 00530-5 76 representatives to the other party hereto and to its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.3. Licenses.. The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.4. Remedies And Choice Of Law This Agreement 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 agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 9.5. Indemnification. CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. Now 9.6. Availability of Funds. The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.7. Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 00530-6 77 9.11. Captions And Interpretations. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise 9.13. Entirety Of Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith. 9.14. Background Recitals. The background recitals are true and correct and form a material part of this Contract. (Remainder of This Page Intentionally Left Blank) 00530-7 78 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on OWNER CONTRACTOR Indian River County Andrew Sitew_ ork, LLC Board of County Commissioners By: By: Ralph C. Andrew, III President _ Joseph E. Flescher, Chairman (CORPORATE SEAL) Attest: Attest: Jeff Smith, Clerk of the Circuit Court By: Deputy Clerk Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: County Att me Address for giving notices 1801 27th Street Address for giving notices Vero Beach, Florida 32960 4696 Elevation Way Fort Myers, FL 33905 License No. CUCUC1224664 Agent for service of process: END OF SECTION 00530-8 79 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 Engine 0/ SUBJECT: F.D.O.T. Small County Outreach Program (SCOP) Agreement— Amendment No. 1 and Resolution Authorizing the Chairman's Signature Resurfacing of 27th Avenue from Oslo Road to 20th Street and Intersection Improvements at 27th Avenue and SW 5th Street FM No. 425624-1-58-01 IRC Project No. 0391 DATE: February 11, 2013 DESCRIPTION AND CONDITIONS On March 29, 2012, the Board of County Commissioners entered into a Small County Outreach Program (SCOP) Agreement FM No. 425624-1-58-01 with the Florida Department of Transportation (FDOT) for resurfacing 27th Avenue from Oslo Road to 20th Street and the construction of a 5-foot concrete sidewalk, a northbound left turn lane and intersection improvements at 27th Avenue and SW 5th Street for a total estimated project cost of $1,473,565.00(75%FDOT funding in the amount of$1,105,174.00 with the County's cost share of ... 25%or$368,391.00). Ranger Construction Industries, Inc.was awarded the bid for this project on July 3, 2012, in the amount of$1,293,157.53. Change Order No. 1 was approved by the Board of County Commissioners on November 6, 2012, increasing the contract price by$55,771.78, for a new contract total of$1,348,929.31 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 for reduction of SCOP funds in the amount of $13,464.23 as a result of the approved bid amount and Change Order No. 1. Staff agrees with the reduction of SCOP funds and considers the remaining funding to be adequate to complete this project. (This includes $111,171.46 for County staff CEI charges that will be invoiced to the FDOT.) 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. AQL-69 (FM # 425624-1-58-01) for the reduction of $13,464.23. FUNDING Funding for this project is budgeted and available from Secondary Roads, Gas Tax, Account No. 10921441-053360-12006, 27th Avenue Resurfacing (Oslo Road to 20th Street). F:\Pubhc Works\ENGINEERING DIVISION PROJECTS\0391-27th Ave at 5th St SW\Admim\agenda items\BCC Agenda Memo for Resolution Q 0 for FDOT SCOP Agreement Amendment No. 1 02-11-13.doc o PAGE TWO Christopher J. Kafer, P.E., County Engineer 1140.- For BCC Agenda February 19, 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. 425624-1-58-01 2. Authorizing Resolution DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM FOR: February 1c), 2013 Indian River County Approve Date 1 ✓ ' �����"'uC-1 Administration no By: 1� Budget 12 Legal2'-/Z-)5 Public Works 2 �,� 3 Engineering F:\Pubhc Works\ENGINEERING DIVISION PROJECTS\0391-27th Ave at 5th St SW\Admim\agenda items\BCC Agenda Memo for Resolution X for FDOT SCOP Agreement Amendment No. 102-11-13-doe v DUNS No.: 80-939-7102 Contract No.: AOL-69 N,,,,, CSFA No.: 55.009 FM No: 425624-1-58-01 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`s Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 29, 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. 425624-1-58-01 for Construction of a 5 foot concrete sidewalk, northbound tum lane, intersection improvements at 27th Avenue and SW 5`s Street, and resurfacing of 27'b Avenue from CR-606/01so Road to SR-60/206 Avenue 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 that certain Small County Outreach Program Agreement dated March 29,2012 as follows: I. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment reduces the funding needed for the resurfacing of the Project by THIRTEEN THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS AND TWENTY THREE CENTS ($13,464.23). Paragraph 4A of the Agreement is amended to read as follows: The total Project cost is ONE MILLION FOUR HUNDRED SIXTY THOUSAND ONE HUNDRED DOLLARS AND SEVENTY SEVEN CENTS ($1,460,100.77). The DEPARTMENT will fund 75% of the cost of the Project which equals ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($1,095,075.58), for Construction and CEI services. The COUNTY agrees to pay all expenses in excess of the DEPARTMENT's payment. 3. The COUNTY is eligible and shall be paid,an amount not to exceed the DEPARTMENT's share of ONE MILLION NINETY FIVE THOUSAND SEVENTY FIVE DOLLARS AND FIFTY EIGHT CENTS ($1,095,075.58), for all construction and CEI services performed from the date of the execution of the Agreement. The CEI services provision stated above was inadvertently omitted in the Agreement. All provisions, covenants,terms and conditions of the AGREEMENT between the parties theretofore entered into on March 29,2012, 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. 1 of 2 82 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. C INDIAN RIVER COUNTY,FLORIDA ATTEST: BY: Clerk of Court (SEAL) NAME: Joseph E. F1 escher TITLE: Chairman,Board of County Commissioners Approved as to Form and Correctness: low r..County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: BY: EXECUTIVE SECRETARY (SEAL) DIRECTOR OF TRANSPORTATION DEVELOPMENT-DISTRICT FOUR APPROVED: LEGAL REVIEW: BY: BY: �-- PROFESSIONAL SERVICES ADMINISTRATOR OFFICE OF THE GENERAL COUNSEL 2 oft 83 RESOLUTION NO. 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, `V.► WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NO. 1 TO THE SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 27TH AVENUE AND SW 5TH STREET, AND RESURFACING OF 27TH AVENUE FROM CR-606/OSLO ROAD TO SR-60/207H STREET. WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a SMALL COUNTY OUTREACH PROGRAM (SCOP)AGREEMENT on March 29, 2012,in which the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of 27th Avenue in Indian River County, Florida for FM No. 425624-1-58-01 and hereinafter referred to as the PROJECT in the amount of$1,473,565.00. 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 reduction of funds in the amount of$13,464.23 for the aforementioned PROJECT, resulting in remaining funds of$1,460,100.77. 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 , 2013. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Cl** I of Court angdo- p By: County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency F^\Public Works\ENGINEERING DIVISION PROJECTS\0391-27th Ave at 5th St SW\Admim\agenda items\Resolution AMENDMENT NO 1 to 84 Sheriff Deryl Loar Indian River County February O. 2O13 K8c Joe Baird. County Administrator Indian River County 184025m St Vero Beach, Florida 3298O RE: Notice of Request to be placed on the February 19, 2013 Board of County i5ommission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion ofthe February 1G. 2D13BCC agenda. Indian River County Sheriffs Office is applying for the Victims of Crime Act(VOCA) Grant. This grant, if approved, will provide funds to cover the salary for one Victim Advocate within the Victims Assistance Unit ~�~ here mtthe Sheriffs Office. |F{CSOhas utilized this grant for several years inaneffort to provide all crime victims within the county, no matter jurisdiction, assistance and guidance during their time ofneed. The total dollars earmarked for this year's grant ie $5O.572 ($4O,457\8]{Afunding and $10,115 local In-Kind match). The application, along with the Indian River County Finance [)ffium grant form, is included with this request. Should you have any questions, please contact Planner, Kimberly Poole, at772-S78-G214. Thank you for your assistance. :Since :rely, Dery| Lomr. Sheriff Indian River County DUkmp Enclosure cc: file `41M5 4l*Avenue,Vero Beach,Florida 32960 vmww.bombecdff.o[g (77J)569-67O0 GRANT NAME: Victims of Crime Act(VOCA-Continuation grant) GRANT## AMOUNT OF GRANT: $40,457.00 `... DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Kimberly Poole,Planner TELEPHONE: 772-978-6214 1. How long is the grant for? 1 Year Starting Date: October 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? X Yes No 4. Percentage of match to grant 24.7 % 5. Grant match amount required S 10,115 6. Where are the matching funds coining from(i.e.In-Kind Services;Reserve for Contingency)? In-Kind Services 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $0.00(Continuation Grant) (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 30,680 011.13 Other Salaries&Wages(PT) 012.11 Social Security 2,347(FICA) 012.12 Retirement—Contributions 1,589 012.13 Insurance—Life&Health 5,785 012.14 Worker's Compensation 56 012.17 S/Sec.Medicare Matching TOTAL 1 40,457 9. What is the total cost of each position including benefits, capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 40,457 0.00 0.00 40,457 10. What is the estimated cost of the grant to the county over five years? $252,860 Grant Amount Other Match Costs Not Covered Match Total First Year $40,457 $0 $ 10,115 $ 50,572 Second Year $40,457 $0 $ 10,115 $ 50,572 Third Year $40,457 $0 $ 10,115 $ 50,572 Fourth Year $40,457 $0 $ 10,115 $ 50,572 Fifth Year $40,457 $0 $ 10,115 $ 50,572 Signature of Preparer: Date: February 6,2031 86 2013-2014 VOCA GRANT APPLICATION P4RT 1. APPLICANT INFORMATION ,%,,.ame of Applicant Agency: The applicant agency is the legal name of the agency that is seeking VOCA funding. Enter the name as it should appear on a contract in the event the agency receives VOCA funding. Indian River County Sheriffs Office Federal Data Universal Numbering System (DUNS) Number: 039894332 Federal Employee Identification Number(FEIN): 59-66000675 Registered with the System of Award Management (formerly CCR)? IYES Agency Director: Prefix(Mr.,Ms.,Dr.,etc.) Mr. Title:I Sheriff —� Name:lDeryl Loar Telephone#: 772-569-6700 x 6404 Fax#: 772-569-8144 Mailing Address:14055 41 st Avenue (Street, P.O.Box,etc.) City: Vero Beach State: FI 9-Digit Zip Code: 32960-1802 E-Mail Address: idloar@ircsheriff.org Performance Report Contact: Prefix(Mr., Ms., Dr.,etc.) Mrs. Title:IVictim Advocates Coordinator Name]Shirley Rosemond �.- Telephone#:1772-978-6255 Fax#: 772-569-8144 1 Mailing Address: 4055 41 st AV (Street, P.O.Box,etc.) City:lVero Beach I State: FI 9-Digit Zip Code: 32960-1802 E-Mail Address: srosemon iresheriff.or Financial Contact: Prefix(Mr., Ms., Dr.,etc.)El Title:I Planner Name:I Kimberly Poole Telephone#: 772-978-6214 Fax#: 772-569-8144 Mailing Address: 4055 41 st AV (Street,P.O. Box, etc.) City:IVero Beach I State: FI 9-Digit Zip Code: 32960-1802 E-Mail Address: k oole iresheriff.or I acknowledge that 1 have read, understand, and agree to the conditions set forth in the Victims of Crime Act Grant Application, Instructions and the Final Program Guidelines for the duration of the grant period. I certify that any VOCA grant funds that this agency might receive will not be used to supplant any state and local funds that would otherwise be available for crime victim services. Further, I certi that the information contained in this application is true, Fplete and correct. Signature of Agency Director: �'V" Date:Al!) V3 87 PART 2. AGENCY ELIGIBILITY 1. Identify which of the following categories best describe the applicant agency: Public 2. Describe the type of implementing agency (Choose only one category): El Criminal Justice - Government choose one from the drop-down menu): Law Enforcement Describe Other: ❑ Non-Criminal Justice-Government choose one from the drop-down menu Describe Other: ❑ Private Non-Profit choose one from the drop-down menu): Describe Other: ❑ Native American Tribe or Organization choose one from the drop-down menu): Describe Other: 3. Judicial circuit to be served: refer to list on page 9 19 - Nineteenth 4. List counties to be served: Indian River 5. List the total population of the counties to be served: 139,446 6. Describe the geographic characterisitcs of the service area choose one from the drop-down menu Rural 7. List the Congressional District(s) served (up to 5 allowed, statewide projects note "99" 15th S. Describe the purpose of the proposed VOCA project choose one from the drop-down menu): Continue a VOCA funded victim project funded in a previous year 9. Funds will primadly be used to choose one from the drop-down menu): Continue existing services to crime victims 10. Is the applicant organization faith-based? choose one from the drop-down menu): NO Page 13 Q 88 PART 3. CERTIFICATION REGARDING DEBARMENT Instructions for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred," "suspended,""ineligible,"`lower tier covered transaction," "participant," "person," "primary covered transaction,""principal," "proposal,"and"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which the transaction originated may pursue available remedies, including suspension and/or debarment. Page 14 89 U.S. DEPARTMENT OF JUSTICE OFFICE OF THE COMPTROLLER OFFICE OF JUSTICE PROGRAMS Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered transactions (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67.510. Participants' responsibilities. The regulations were published as Part Vli of the May 26, 1988 Federal Register(pages 19160 B 19211). 1. The prospective lower tier participant certifies, by submission of the proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Derly Loar, Sheriff Name and Title of Authorized Representative Signa Date Indian River County Sheriffs Office Name of Organization 4055 41 st Avenue, Vero Beach, Florida 32960-1802 Address of Organization Page 15 90 PART 4. FUNDING SOURCE CHART °W- Applicants must provide information that demonstrate community support of its services; financial support from non-federal sources; non-federal resources for the required 20% program match (unless in-kind match is utilized); and, if a new program, shows that 25-50% of the total financial support is from non-federal sources. Provide the amount of funding that is allocated to victim services within the applicant agency for the current fiscal year and the amount requested for the 2013-2014 VOCA project. Round amounts to the nearest dollar, and include all expenses which are budgeted for the victim services program (i.e., personnel costs which include salaries for directors, clerical/support staff, victim advocates, counselors, etc.; training costs; equipment such as computers, fax machines, printers, copiers, telephones, and furnishings, etc.; operating costs such as utilities, postage, printing, office supplies, travel, counseling supplies, etc.). Please note: Do not include in-kind match. The amounts listed for state, local, public, private and/or other funding must be equal to or greater than the amount shown as cash match in the Match Budget (Part 8). Funding Source Agency Total Victim Services 2013-2014 Budget(Current VOCA Project Fiscal Year) Budget Federal Funding *Describe below 2013-2014 VOCA grant request(excluding match) $ 40,457.00 State Funds Local, Public or Private Funds $ 37,159,125.00 Other: (Describe at right) $ 37,159,125 $ 40,457 * For the judicial circuit you are requesting funding with this application "If the applicant agency currently receives federal funding for victim services, indicate the source(s) and the use of those funds. (Response is limited to 1000 characters.) 91 PART 5. STATEMENT OF NEED Statement of Need: The statement of need should provide a description about why this project is needed. Be clear and avoid acronyms that may be confusing. Responses are limited to 1000 characters, minimum 10 point font. 1. Briefly describe the need for services to victims of crime that will be addressed using VOCA funding. If needed, define the deficiency of services to victims. The Indian River County Sheriff's Office Victim Assistance Program provides first responder crisis intervention and follow-up services 24 hours a day through the use of three (3) full-time position and Ten (10) volunteers. Currently, one of the three full-time positions is funded by VOCA; the other two positions are funded through the Sheriffs Office annual budget. The loss of this VOCA funding for the additional full-time position would create a tremendous hardship on the program and create a deficiency of service to victims. These victims suffer far more trauma than statistics can begin to show. Add to that the additional struggling economy, financial hardship, an intimidating criminal justice system, and a confusing administrative process, and soon the emotional trauma is overwhelming. 2. Provide information about crime statistics for the service area. Specifically, detail the statistics related to the need described in question#1. 2012 Crime Statistics - Murder 1, Forcible Sex Offenses 29, Robbery 38, Aggravated Assault 251, Burglary 1,656, Larceny 1,838, Motor Vehicle Thefts 71, Domestic Violence 359. Total UCR Index Offenses -2,780, Total Property Value Stolen - $3,108,278 3. Describe the demographics of the population to be served through the proposed VOCA project. At a minimum, provide information about gender, race, or national origin and age for the population served. 2012 estimated Population- 139,446. GENDER- Males 48% of Pop, Females 52% of Pop. RACE - Non- hispanic Whites 77% of Pop, Non-hispanic Blacks 9% of Pop, Hispanics 13% of Pop, Asians 1% of Pop. AGE- Median Age of Indian River County 49.1. 0-17 19%, 18-34 16%, 35-54 24%, 55-64 14%, 65+ 27% 92 PART 6. PROJECT PROPOSAL The project proposal should clearly outline what needs to be done and by whom in order to address the issues identified in the statement of need. The project proposal pertains only to the services related to the proposed Total VOCA Project (VOCA grant plus match activities). Responses are limited to 1000 characters, minimum 10 point font. 1. Describe which services will be provided to the crime victims described in the statement of need. Summarize which services will be provided by each proposed VOCA funded personnel position or contractor. Specifically, indicate how the proposed personnel, operating and contractual expenses are associated with the provision of services to crime victims. The Indian River County Sheriff's Office (IRSCO)fully expects to provide the necessary direct services and referrals that are required of a first responding agency. Our Agency (IRCSO)will continue to provide victims assistance to all Law Enforcement agencies in the county. The Indian River County Victim Assistance Unit refers all Child Abuse (Physical and Sexual) to age appropriate counselors to ensure the best treatment possible. Victims of DUI are carefully guided through the legal process, transitioning to the State's Attorney Office Victims Advocates. The victims of Domestic Violence are carefully educated about power and control and transitioned to Safe Space Councilors. Elder Abuse, though the numbers are small, is a hidden problem. Homicide, Robbery and Assault vicitms/survivors are guided through counciling and the victim compensation process. 2. Provide a listing of other agencies that will coordinate services with the applicant for the VOCA project and the services provided by each agency. Indian River County Sheriffs Office Victim Assistance Unit works closely with a variety of service providers throughout the county, including the State Attorney's Office, SAFE SPACE, and the Mental Health Association, making referrals to appropriate services. SAFE SPACE provides domestic violence shelters and counselors for victims. The State Attorney's Office provides a smooth transition from first response through the court system. The Indian River County Victims' Rights Coalition provides victims awareness in legal rights for victims, as well as being a support system. Indian River County Council of Community Service is a strong network of all agencies working with victims of crime. The Council of Community Services also reviews available services and identify voids in those services. 93 PART 6. PROJECT PROPOSAL 3. Describe in detail how the coordination of services will be accomplished. Indicate if a Memorandum of Agreement or other formal coordination plan is in place. IRSCO Victim Assistance Unit works closely with the State Attorney's Office, SAFE SPACE, and the Mental Health Association, making referrals to appropriate services. SAFE SPACE provides domestic violence shelters and counselors for victims. The State Attorney's Office provides a smooth transition from first response through the court system. The Indian River County Victims' Rights Coalition provides victims awareness in legal rights for victims, as well as being a support system. Indian River County Council of Community Service is a strong network of all agencies working with victims of crime. The Council of Community Services also reviews available services and identify voids in those services. The Victim's Assistance Program has a strong network with all law enforcement agencies in the county working with victims of crimes. Local resources have made significant strides in addressing the needs of victims 4. Does a duplication of service exist? (Choose one from the drop-down menu): NO If yes, please explain. 'wow Page 2 94 PART 6. PROJECT PROPOSAL 5. The Final Program Guidelines mandate that grant recipients use volunteers in the victim services program. Describe how volunteers will be utilized to provide services to crime victims. If the agency does not currently utilize volunteers, please explain how they will be recruited and incorporated into the victim services program. Each case is assessed for services needed including the possibility of eligibility for victim compensation. Contact is made with the victim in person, by telephone, or in written form, explaining the availability of victim compensation and discussion about making application of eligibility. When applicable, direct assistance in completing the application form and filling is done by the Victim's Assistant/Advocate. The original packet is completed (including a copy of the case report) and mailed directly to the Office of the Attorney General, a copy is given to the victim, and a copy is kept with the Victim's Assistant/Advocate for follow-up. The Victim's Assistant/Advocate will continue to follow-up and monitor the process of the application, as needed. 6. Identify the number of volunteers currently utilized in the agency's victim services program. This number must be expressed in FTEs. 10.00 Volunteers provide 9,078 Hours of service annually 4.36 FTE equivalent (hours provided divided by 2080) "nr 7. Agencies that receive VOCA grant funding are required to accurately maintain civil rights information (gender, race, or national origin, age and disability), about victims served YES through the VOCA project for reporting purposes. If awarded VOCA grant funding will the applicant agency be able to maintain the required records? Page 3 95 PART 6. PROJECT PROPOSAL 8. To maximize the availability of services to all victims of crime, the OAG discourages the use of VOCA funding to provide services that are eligible for payment through the Victim Compensation Program. Justification that demonstrates the effectiveness of any such duplication is required as part of the budget narrative. Failure to submit a justification may result in removal of the budget request. If applicable, provide a justification for not billing Victim Compensation for services that may be funded through Victim Compensation. For example, therapy services requested as part of the personnel or contractual budgets. IRCSO does not use VOCA Funding for any service that fall under the Victim Compensation Program. Page 4 96 Agency Name: Indian River County Sheriffs Office ,,.,,rt 7A.VOCA PERSONNEL BUDGET Complete the table below for each position requested (adding additional pages if necessary). In the explanation section indicate if the salary/benefit expenses listed include costs that are anticipated during the 12 month period. For example, raises and increases in benefit costs. Provide a job description for all proposed VOCA-funded staff and indicate the percentage of time by each job duty. The job description must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is VOCA funded. RATE: A percentage should be indicated for those benefits that are calculated by using a percentage of the gross salary, e.g., retirement is often calculated in this manner. Personnel: Total Actual Cost Total Amount Percent VOCA Position (from chart below) VOCA Funded 2013-2014 VOCA Funded Funded FTE Victim Assistant/Advocate $ 40,457 $ 40,457 100.00% 1 0 - 0 - 0 $ - - 0 $ - - 0 $ - - 0 $ - - 0 - 0 Subtotall $ 40,4571 $ 40,457 1.00 Agency Contribution for Personnel Expenses r$ —� Pay schedule(choose one from the drop-down menu):1 bi-weekly —� Position Requested: Victim Assistant/Advocate Position Requested: Hours per week= 40 Per Pay Hours per week= Per Pay Hourly Rate= $ 14.75 RATE Yearly Period Hourly Rate= RATE Yearly Period Employer Cost Approved Employer Cost Approved Budget Budget Gross Salary $ 30,680 $ 30,680 $ 1,180.00 Gross Salary $ - z:F $ - $ - FICA _ 7.65% $ 2,347 $ 90.27 FICA $ - $ - Retirement -aa-� r ,T 5.18% $ 1,589 $ 61.12 Retirement $ - $ - Health Ins. `.ys' $ 5,700 $ 219.23 Health Ins. y , $ - Life Ins. ,=f $ 85 $ 3.26 Life Ins. r° y $ Dental Ins. r $ - Dental Ins. - Y $ - Workers Comp 0.18% $ 56 $ 2.15 Workers Comp $ - $ - Unemployment $ - $ - Unemployment '' $ - $ - (1st$8K) (1st$8K) Other: $ - Other: $ - _.- :. _:. TOTALI $ 40,457 $ 1,556.03 TOTAL $ - $ - Explanation(if applicable): Explanation(if applicable): Js position used as a matching expense Y/N? Is this position used as a matching expense YIN? Page 1 97 Agency Name: Indian River County Sheriffs Offfice SRT 8. VOCA MATCH BUDGET Program Match: The Final Program Guidelines require that all proposals provide a 20% match of the total VOCA project. Total VOCA Project is defined as the VOCA Budget Request plus the Program Match. Match funds are subject to the same restrictions that govern VOCA grant funds, i.e., the source of program match must be a VOCA- allowable expenditure. To determine the amount of match required by the Final Program Guidelines for the proposed VOCA project, divide the total amount of the VOCA Budget Request by four. The result is the amount of the program match. For example, if the VOCA Budget Request is $30,000, then divide$30,000 by four which equals $7,500. In this case, the required match is$7,500 which equals 20% of the total VOCA project. The following further illustrates the program match requirement: $30,000 VOCA Budget Request +7,500 Required Program Match ($7,500 equals 20% of the total VOCA Project) $37,500 Total VOCA Project Allowable match funds may include, but are not limited to, volunteer, staff salaries, rent, equipment, operating_ costs, etc. Federal funds from other sources cannot be used for VOCA match. Match used for the VOCA project cannot be used as match for any other grant. Do not over report match, i.e., do not provide match in excess of 20% of the total VOCA project. Match may be provided as either cash or in-kind or a combination of cash and in-kind as follows: Cash Match: A cash match is any cost component that is included in the agency's overall budget as it applies to the provision of direct services for victims of crime, i.e., staff providing direct victim services, travel related to .. the delivery of direct victim services, rent paid by the agency for the portion of the program providing direct victim services, etc. If the agency pays for the expense, then it may be used as a cash match. In-Kind Match: An in-kind match includes donated items or services that benefit the program but which do not have a dollar value assigned for budgeted purposes. For example, programs may use volunteer hours as match. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the applicant agency. If the required skills are not found in the applicant agency, the rate of compensation must be consistent with the labor market. Programs may use items donated by other programs or individuals as in-kind match, i.e., rent and utilities used for the provision of direct services to victims and donated by another source outside the agency. The Program match section is an itemized description by budget category of proposed matching contributions. The budget categories are personnel, contractual services, equipment and operating expenses. Provide a detailed (itemized) list and a budget narrative for each budgeted category. Indicate the funding source and indicate if it is a cash or in-kind match. Do not over report required match. Unless otherwise approved by the OAG, reported match must be consistent with the monthly reimbursement request. Match Narrative: Describe in detail the type of Match, whether cash or in-kind, the budget category, etc. Submit the same detailed information for match as provided for VOCA funded items. If match is in the personnel category for paid staff complete the table below(attach additional page(s) if needed) and provide the total salary and benefits and percentage. Attach job descriptions for all paid staff and/or volunteers reported as Match. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. 98 0gency Name: Indian River County Sheriffs Offfice '-TART 8. VOCA MATCH BUDGET EXAMPLES- Match Narrative: Our agency utilizes volunteers who provide direct services to victims of crime, such as intake clerks, clerical (types reports and calls victims) and victim advocates. The agency anticipates using volunteers at the equivalent of 20- 23 hours per week x 52 weeks x $5.15 for a match of$5,698.* Only those agencies with an established volunteer component are eligible to utilize volunteers as match. The agency rents office space from the Global Company at $14,400 annually and the agency's pro rated portion for office space for volunteers and supervisor of the victim advocate would be approximately 19% (or$234 per month) x 12 months = $2,807. Approximately 5% of the Victim Advocate Supervisor position will be utilized to provide supervision for the victim advocate position. The supervisor's total salary and benefits equal $32,000. Funding Source Cash or In- Budget Program Match Description May not be derived from Match Amount Federal Dollars kind Category 1 Victim Assistant/Advocate Local Funds CASH Personnel $ 10,115 2 3 4 5 8 Match Total $ 10,115 Match Narrative: 1. Indian River County Sheriffs Office will utilize a non-VOCA funded victims assistant/advocate as its match in personnel. VOCA Match = $40,457/4=$10,115. The required match will not be exceeded and the difference is due to the rounding. The match will be approximately 25%. Job Description for Match position labeled as MATCH POSITION. 2. 3. 4. 5. 6. 7. Page 2 99 Agency fame: Indian River County Sheriffs Office ,,.-AT 8. VOCA MATCH BUDGET Match Position: Victim Assistant/Advocate Match Position: VOCA FTE% 0.24 VOCA FTE% 0.00 Hours per week 40 Reported Hours per week Reported RATE Employer MATCH= = RATE Employer MATCH= Hourly Rate= $ 14.75 Cost 24.47% Hourly Rate= Cost Annual Gross $30,680 $ 30,680 $ 7,507 Annual Gross $ - $ - $ - Salary Salary FICA 7.65% $ 2,347 $ 574 FICA $ - $ - Retirement 5.18% $ 1,589 $ 389 Retirement _ $ - $ - Health Ins. FR $ 6,540 $ 1,600 Health Ins. $ - Life Ins. 0.004 $ 123 $ 30 Life Ins. r. $ - Dental Ins. "' $ - Dental Ins. $ - Workers Comp 0.20% $ 61 $ 15 Workers Comp _ : $ - $ - Unemployment W 3 $ - $ - Unemployment $ - $ - 1 st$7,000) ? ' (1 st$7,000 ( ) tea. Other(provide $ - Other(provide "'` $ - explanation explanation ` 4 ) 5 below: below):,..>.�., TOTAL $ 41,340 $ 10,115 TOTAL $ - Is - Explanation if applicable): Explanation if applicable): Match Position: Match Position: VOCA FTE% 0.00 VOCA FTE% 0.00 Hours per week Reported Hours per week Reported RATE Employer MATCH= = RATE Employer MATCH= Hourly Rate= Cost Hourly Rate= Cost Annual Gross $ - $ - $ - Annual Gross $ - $ - $ - Salary Salary FICA r, ' $ - $ FICA $ - $ - Retirement $ - $ - Retirement K $ - $ - Health Ins. - $ - Health Ins. $ - Life Ins. $ - Life Ins. $ Dental Ins. $ - Dental Ins. $ - Workers Comp $ - $ - Workers Comp $ - $ - Unemployment $ - $ - Unemployment $ - $ - (1st$7,000) (1st$7,000) _ Other(provide = $ Other(provide $ - explanation - explanation below): below): NTOTAL $ - is - TOTAL $ - Is - Explanation if applicable): Explanation if applicable): Page 3 100 Agency Mame: Indian River County Sheriffs Office PART 9. VICTIMS SERVED AND TYPES OF SERVICES "�- Indicate the number of victims provided services by VOCA-funded and matching staff during the grant period.The figures indicated are projections based on historical data and/or the anticipated need of the population served through the VOCA project. It is anticipated that the categories indicated for victim populations and/or services provided may be expanded or narrowed depending on the needs of the victims identified during the grant period. At a minimum, the agency will provide services to no less than 90 percent of the total number of projected victims. Each victim should be counted only once unless there is a separate instance of victimization. For example, a victim of spouse abuse assault should be counted one time during the grant period unless he/she is victimized as a result of a separate and unrelated crime. 2013-2014 VOCA Grant Request (from the Budget Summary Page) 40,457 I I #of Victims Type of Victim $Amount per %of Total #of Other Types For other types of crimes, to be Served Category Grant Amount of Victims to be identify and list each 5 Child Physical Abuse $ 58 0.14% Served separately below. 3 Child Sexual Abuse $ 35 0.09% 1,000 Burglary,Auto/Residental 4 DUI/DWI Crashes $ 46 0.11% 400 Battery 475 Domestic Violence $ 5,467 13.51% 700 Stolen Vehicle/Theft 5 Adult Sexual Assault $ 58 0.14% 100 Stalking 3 Elder Abuse $ 35 0.09% 450 Criminal Mischief 2 Adults Molested as Children $ 23 0.06% 200 Scams/Fraud 9 Survivors of Homicide Victims $ 104 0.26% 4 Kidnapping/Missing 60 Robbery $ 691 1.71% 95 Assault $ 1,093 2.70% TOTAL` Subtotal VICTIMS 3,515 $ 40,457 100.00% 2,854 of"Other'`. $ 32,849.01 81.19% Indicate the number of victims projected to receive the following service(s). (See Definitions for a description of each service.) #of Victims Type of Service #of Other Types For other types of to be Served of Services to be services, identify and list 200 Crisis Counseling Provided each separately below. 1,375 Follow-up Contacts 0 Therapy 0 Support Groups 0 Crisis Hotline Counseling 0 Shelter/Safehouse 400 Information and Referral (In-Person) 4 Criminal Justice Support/Advocacy 0 Emergency Financial Assistance 2 Emergency Legal Advocacy 3,000 Assistance Filing Compensation Claims-Mandatory 250 Personal Advocacy 550 Telephone Contacts TOTAL. 5,781 0 Subtotal of"Other" SERVICE Services 101 VOCA BUDGET REQUEST Budget Summary By Category - Provide the subtotal for each budget TOTAL VOCA NNW category for the Total VOCA Budget Request. Amounts must be BUDGET rounded to the nearest whole dollar. REQUEST Personnel (7A) $ 40,457 Contractual Services (713) Equipment(7C) Operating Expenses (7D) TOTALi $ 40,457 REQUIRED MATCH (use this total amount in Part 8 - Match Budget) $10,114 How many victim advocates/direct victim service providers does your 3.00 agency staff? The following items calculate automatically from the budget pages: Number of staff requested from VOCA? Expressed in FTEs; 1.00 Number of staff reported as matching expenses, expressed in FTEs: 0.24 Total Number of VOCA project staff(VOCA funded staff+ Match staff): 1.24 --� 102 Agency Name: Indian River County Sheriffs Offfice RELATED PARTIES QUESTIONNAIRE 'iis form must be completed and signed by the Executive Director or an agency official who is authorized to enter into contractual agreements. 1. Are there currently any family relationships that exist between the board of directors, the agency's YES/NO principal officers, the agency's employees, and any independent contractors? NO If yes, describe any and all family relationships that exist. 2. Are you aware of any interests, direct or indirect, that exist with the current board of directors, the current agency principal officers, the current agency employees, or any current independent contractors in the following area? YES/NO (a) Sale, purchase, exchange, or leasing of property? NO (b) Receiving or furnishing of goods, services, or facilities? NO (c) Transfer or receipt of compensation, fringe benefits, or income or assets? NO (d) Maintenance of bank balances as compensating balances for the benefit of another? NO If yes to any above, describe any and all interests that you are aware of at this time. 3. Are any current board of directors, current agency's principal officers, current agency's employees, YES/NO or any current independent contractors indebted to the agency? NO If yes, describe the nature of the debt. Page 25 103 Agency Nage: Indian River County Sheriffs Office RELATED PARTIES QUESTIONNAIRE ,,. Have any current board of directors, current agency principal officers, current agency employees, or YES/NO any current independent contractors misappropriated assets or committed other forms of fraud against the agency? YES If yes, describe the nature of the misappropriation. By signing this form, I hereby certify that the information contained in this questionnaire is true and accurate to the best of my knowledge and belief. I acknowledge my obligation to notify the Office of the Attorney General VOCA Gran Mana er for this,contract of any changes to the information provided. Signature Date Deryl Loar Sheriff Print Name Title Page 2 104 JOB SPECIFICATION TITLE: Victim Assistant/Advocate VOCA Position Victim Assistance Unit Criminal Investigations Division Indian River County Sheriffs Office FUNCTION: The primary job function is to provide approved direct services,and to provide information on available services and referrals when appropriate to victims of crime in accordance with State Statutes,Grant Contracts,and IRCSO Policies and Procedures. To act as a liaison for victims with the criminal justice system and social service agencies available on a national,state,and local level. The immediate supervisor is the Victim Assistance Coordinator of the Victim Assistance Program. CRITICAL TASKS: 1. 60% Respond to crime scenes or other locations of victims in crisis situations to meet with the victims or victims'survivors to provide crisis intervention and referral to appropriate social service agencies. In non-crisis situations,make contact with victims by telephone, in person,or by snail as appropriate and in accordance with the IRCSO Victim Assistance Program. 2. 25% Provide the victim and/or other persons related to the victim with emotional and/or physical support in accordance with the Victim Assistance Program. 3. 5% Inform and instruct crime victims when necessary on the workings of the criminal justice system and providing victims with information that will help them in understanding the course their case may be taking. 4. 10% Responsible for submitting data and crime victim reports detailing work activities. 5. 0% Perform victim assistance program assignments and special projects as assigned by immediate supervisor. 6. 0% Review cases as directed by immediate supervisor. 7. 0% Serve as IRCSO liaisons with local,state and national victim service organizations as directed and approved by immediate supervisor. 8. 0% Assist in recruiting and training volunteers to work in the victim assistance program,as directed by immediate supervisor. MAJOR WORK CHARACTERISTICS: 1. Must know applicable federal,state and local laws pertaining to victims'rights and the policies and procedures of the Indian River County Sheriffs Office and local Criminal Justice System. 2. Must be familiar with local services and alternative resources available to ensure victims receive assistance in recovering from the harm they have endured as a result of the crime. 3. Must know crisis intervention techniques to provide effective communication and support to victims who have suffered through traumatic experience. 4. Must complete and submit appropriate forms for compensation as required by applicable source. 105 5. Must demonstrate to victims a sincere attitude,genuine and concerned. NOW 6. Must be self-directed and creative in assisting victims with solving problems, through suggestions and referrals,which were created or exacerbated by the related crime or by the events related to the case being investigated,prosecuted,or disposed. 7. Must be able to rotate on a 7 day/24hours call out schedule for responding to crisis situations. MINIMUM QUALIFICATIONS: PREFERRED: 1. Bachelors Degree in Criminal Justice or a related field. 2. Prior experience in Victim Assistance/Advocate field. 3. Experience working in the Criminal Justice System or one of the local,state,and/or federal social services agencies available to crime victims. REQUIRED: 1. Associate Degree in Criminal Justice or a related field,or;a high school graduate or GED with two years work experience in providing direct victim services. 2. Must attend and complete Victim Assistance training course as administered by the IRCSO prior to or within six(6)months after appointment. 3. Possess a valid Florida Driver's license. "law KNOWLEDGE,ABILITIES and SHILLS: Knowledge of crisis intervention techniques. Knowledge of grieving process techniques. Ability to be proficient in active listening skills. Ability to communicate effectively verbally and in writing. (Case management) Ability to establish and maintain effective working relationships with others. Ability to concentrate on projects. Ability to maintain a high level of motivation,and innovation. Willingness to work long and unusual hours. Ability to maintain high ethics. Ability to maintain high level of confidentiality. THE VOCA FUNDED Victim Assistant/Advocate position is 100% VOCA allowable. The MATCH Victim Assistant/Advocate position is being reported as 25%. 106 JOB SPECIFICATION TITLE: Victim Assistant/Advocate MATCH Position Victim Assistance Unit Criminal Investigations Division Indian River County Sheriffs Office FUNCTION: The primary job function is to provide approved direct services, and to provide information on available services and referrals when appropriate to victims of crime in accordance with State Statutes,Grant Contracts,and IRCSO Policies and Procedures. To act as a liaison for victims with the criminal justice system and social service agencies available on a national,state,and local level.The immediate supervisor is the Victim Assistance Coordinator of the Victim Assistance Program. CRITICAL TASKS: 1. 55% Respond to crime scenes or other locations of victims in crisis situations to meet with the victims or victims'survivors to provide crisis intervention and referral to appropriate social service agencies. In non-crisis situations,make contact with victims by telephone, in person,or by mail as appropriate and in accordance with the IRCSO Victim Assistance Program. 2. 20% Provide the victim and/or other persons related to the victim with emotional and/or physical support in accordance with the Victim Assistance Program. 3. 5% Inform and instruct crime victims when necessary on the workings of the criminal justice system and providing victims with information that will help them in understanding the course their case may be taking. 4. 15% Responsible for submitting data and crime victim reports detailing work activities. 5. 2% Perform victim assistance program assignments and special projects as assigned by immediate supervisor. 6. 2% Review cases as directed by immediate supervisor. 7. 1% Serve as IRCSO liaisons with local,state and national victim service organizations as directed and approved by immediate supervisor. 8. 0% Assist in recruiting and training volunteers to work in the victim assistance program,as directed by immediate supervisor. MAJOR WORK CHARACTERISTICS: 1. Must know applicable federal,state and local laws pertaining to victims'rights and the policies and procedures of the Indian River County Sheriffs Office and Iocal Criminal Justice System. 2. Must be familiar with local services and alternative resources available to ensure victims receive assistance in recovering from the harm they have endured as a result of the crime. 3. Must know crisis intervention techniques to provide effective communication and support to victims who have suffered through traumatic experience. 4. Must complete and submit appropriate forms for compensation as required by applicable source. 107 5. Must demonstrate to victims a sincere attitude,genuine and concerned. 6. Must be self-directed and creative in assisting victims with solving problems,through suggestions and referrals,which were created or exacerbated by the related crime or by the events related to the case being investigated,prosecuted,or disposed. 7. Must be able to rotate on a 7 day/24hours call out schedule for responding to crisis situations. MINIMUM QUALIFICATIONS: PREFERRED: 1. Bachelors Degree in Criminal Justice or a related field. 2. Prior experience in Victim Assistance/Advocate field. 3. Experience working in the Criminal Justice System or one of the local,state, and/or federal social services agencies available to crime victims. F.EQUIRED: 1. Associate Degree in Criminal Justice or a related field,or;a high school graduate or GED with two years work experience in providing direct victim services. 2. Must attend and complete Victim Assistance training course as administered by the IRCSO prior to or within six(6)months after appointment. 3. Possess a valid Florida Driver's license. KNOWLEDGE,ABILITIES and SHILLS: Knowledge of crisis intervention techniques. Knowledge of grieving process techniques. Ability to be proficient in active listening skills. Ability to communicate effectively verbally and in writing. (Case management) Ability to establish and maintain effective working relationships with others. Ability to concentrate on projects. Ability to maintain a high level of motivation,and innovation. Willingness to work long and unusual hours. Ability to maintain high ethics. Ability to maintain high level of confidentiality. THE VOCA FUNDED Victim Assistant/Advocate position is 100%VOCA allowable. The MATCH Victim Assistant/Advocate position is being reported as 25%. 108 City of Nero Beach �... 1055-20th STREET VERO BEACH, FLORIDA 32960-6441 Telephone(772) 975-4600 ,.2 Office Of The Fax(772) 975-4691 CHIEF OF POLICE February 7, 2013 To Whom It May Concern: It is my pleasure to write this letter in support of the Indian River County Sheriff s Office Victim Assistance Program. We have had a close working relationship with this program since it was started in 1991. The advocates have been available to our department on a continual basis at anytime we call for their assistance. We are able to call on them for all of our victims, excluding the sexual assault victims,which are handled by the State Attorney's Office Victim Advocate Program. I support any additional funding through the VOCA grant this program is requesting. It will benefit not only their agency,but also all law enforcement agencies in Indian River County. Therefore,it will extend service to all crime victims in Indian River County. Sincerely, V ' C '��l David E. Currey Chief of Police 109 h OFFICE OF THE v. E TF' �gf ate (�vf f armij NINETEENTH JUDICIAL CIRCUIT OF FLORIDA �.,:�,s SERVING wa ?�.�" INDIAN RIVER,MARTIN,OKEECHOBEE AND ST.LUCIE COUNTIES 411 South Second Street Bruce H.Colton Fort Pierce,Florida 34950 State Attorney (772)465-3000 Fax: (772)462-1214 February 7,2013 TO WHOM IT MAY CONCERN: The State Attorney's Office Victim Services Division has worked closely with the Indian River County Sheriff s Office since January, 1981, offering services to the victims of sexual assault, and that relationship has continued to this date. In 1991, the Sheriff s Office established a victim advocate position, and began providing direct service to all victims of crimes other than sexual assault. This service was provided from the time of the reporting of the offense until the time an arrest was made and the case presented to the State Attorney's Office. The Sheriff s advocate, at that point, introduces the victim to the State Attorney's advocate,who then assists the victim through the court system. This is truly a wonderful working relationship, and because of the care and concern of the individual advocates, all of the victims are assured the very best in continuity of care. The programs complement each other and thus avoid duplication of services. It is my pleasure to write in support of the Sheriff's application for VOCA funding. The victims of Indian River County will benefit from both programs being able to continue offering increased levels of service. If you have any further questions, please do not hesitate to call me. Sincerely, BRUCE H. COLTON State Attorney BHC/cp 110 MENTAL 4 HEALTH L(ASSOCIATION IN INDIAN RIVER COUNTY It'S Okay to Get Help! February 7,2013 Shirley Rosemond Victim Assistance Coordinator Indian River County Sheriffs Department 4055 4e Avenue Vero Beach,F!32960 Dear Ms.Rosemond: The Mental Wealth Association completely supports the work you do to provide the only crisis first response team for victim services in Indian River County,a service second to none in the state of Florida. By working with you,we have been able to help many people work through their emotional uncertainties.You and your staff are outstanding professionals whose expertise In providing direct services to victims is a great asset to our community and it is my pleasure to write in support of the Indian River County Sheriffs application for VOCA funding. With the current crime rate as well as the increasing population and growth of our county,we certainly understand the need to expand direct services in the victim assistance program.We deal with people in desperate situations on a daily basis and having your program available for referral lends us great credibility and also gives us satisfaction in knowing our clients will be in good hands.The countless hours and dedication you and your staff contribute truly show your commitment to the victims of senseless crime in our community. Please let me know if there are any other ways we can work together to help the residents of our county when they need us most.We believe in your work and look forward to our continued professional relationship. Ye5� Sincerel i,Ph.D. Interim CEO/Clinical Director 820 37th Place,Vero Beach,FL 32960 `' 772.569.9788 =:= 772.569.2088 www.rnhairc.org 111 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Joe Wiggins ADDRESS: 895 11`h Street,S.W.,Vero Beach PHONE: 772-501-3761 SUBJECT MATTER FOR DISCUSSION: Repair of 11`h Street S.W. east of 91h Court S.W. IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Bring in fill and repair this section of road ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: �-- Interactive Web Form E-Mail COUNTY ADMINISTRATOR: Fax Joseph A. Baird Mail MEETING DATE: February 19,2013 XX Hand Delivered Phone Documem2 Board Approved 11/7/06 112 2/19/2013 s� Wz � s t , g 111'1 2/19/2013 f �f w a w M is h i,oft h fat 111. 2 COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: JOSEPH A. BAIRD COUNTY ADMINISTRATOR DATE: February 4, 2013 SUBJECT: CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES ,Q, THROUGH: ROBERT M. KEATING, DIRECTORv�V K COMMUNITY DEVELOPMENT DEPARTMENT FROM: JOSE GUANCH, MCP, CBO BUILDING OFFICIAL It is requested that the data herein presented be given formal consideration by the Board No - of County Commissioners at its regular meeting of February 19, 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 pen-nits 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 113 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 Approved Date Co. s BY: Admin. �3 Legal -/I-f7 FOR: ebruary 19, 2013 Budget z Dept. Risk Mgr. Attachments: 1. Resolution 2. Condemnation List 3. Pictures of Condemned Structure. 114 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, 4--i C.� 4C 115 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 19th day of February, 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 LEGAL SUFFICIENC By William K. DeBraal Deputy County Attorney Nft- 116 CONDEMANTION LIST: l . Owner: Wilma H. Martin c/o G. Martin Property: 1705 45th Avenue Tax ID#: 33-39-04-00014-0140-00007.1 Legal Desc.: Lot 7, LESS the East 70 feet thereof, Block 14, TROPICOLONY, INC. NUMBER FOUR, according to the Plat thereof, as recorded in Plat Book 5, at Page 32, of the Public Records of Indian River County, Florida. 2. Owner: Giovanni Parente Property: 625 40th Avenue Tax ID #: 33-39-15-00004-0008-00013.0 Legal Desc.: Lot 13 and the South 1/2 of Lot 14, Block H, Citrus Gardens, as per plat thereof, recorded in Plat Book 3, at Page 81 , of the Public Records of Indian River County, Florida. N v 117 2/19/2013 625 40 Ave y I III vilW�� III�I 'u� pIII h J625 40 Ave 04z b 2/19/2013 E 4 s i r 625 40 Ave Oi f Vis'r ,s 1212 2/19/2013 625 40 Ave' F� ij;y j F sy g 9 fi X273 2/19/2013 I IN *i v -r II til i9l 2/19/2013 625 40-Ave ie, n 5, y .\ to x `� • x 7 a� p � r r a^ 12.?• 5 2/19/2013 !pile' II u � A r �a� 64 2/19/2013 ",Y. � ♦milli M ��Y�`k f r.�� ^wy,f'�_ � � +�� S r i 31Y <a a 7 Y tea. «•k 1 �: 7 X ,� df 3x S k.: 4,A, u �s �- .��'af �,��i•,.�� t;Aa d�4 t$�jL.�. � � a}�€.J^+�� 4i� r�, ; 3 v � v`�. ��Pas t Y " 1,271 2/19/2013 77 Y�w #'��w��k ie BB } w ;r k' g � M f / t w/ 1 w �rz k ' ; 2/19/2013 Al vamp 3 �Ili i x Y,k 3 9 i r 4 1; i- 12�.� 2/19/2013 � �m � �„per � •`. y,. y 9 sem. y k' 4”s IV ty rf G� k 2/19/2013 ^3, r NY �4 { �5 i 4 > 5 f ; @ :t /Y3 t t INDIAN RIVER COUNTY, FLORIDA COMMUNITY DEVELOPMENT MEMORANDUM TO: Joseph A. Baird; County Administrator EPARMENT HEAD CONCURRENCE: obert M. Keating,"ommunivelopment Director FROM: Stan Boling, AICP Planning Director DATE: February 7, 2013 SUBJECT: Review of INEOS New Planet BioEnergy LLC's Ad Valorem Tax Exemption Annual Report It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 19, 2013. BACKGROUND On December 20,2011,the Board of County Commissioners held a public hearing to consider a request from INEOS New Planet BioEnergy LLC for an economic development ad valorem tax exemption(tax abatement). At that hearing,the Board considered INEOS's application together with staff's analysis and input from the Property Appraiser's Office, Chamber of Commerce, and Economic Development Council. Based on the evidence presented,the Board found that INEOS's proposed bioenergy facility project qualified for tax abatement as a new business, found that INEOS's application scored in the highest abatement award category under adopted scoring guideline, granted a 10 year tax abatement beginning in 2013, adopted a tax exemption ordinance for the INEOS project, and approved a tax exemption agreement with INEOS (see attachments 1, 2, and 3). The exemption applies to approximately 30% - 40% of INEOS's total ad valorem tax bill and decreases during the 10 year abatement period(see attachment#7). Since the December 20, 2011 hearing, INEOS has substantially completed project construction,hired facility personnel, and recently filed its first annual report with staff as required by the tax exemption agreement. The first "property tax year" for the new facility is 2013. Under requirements of the tax exemption agreement and the County's Chapter 1100 tax exemption regulations(see attachment#4), INEOS is required to provide a number of new jobs at a high average wage level, file an annual report on or before January 15th of each year beginning in 2013, abide by representations made to the Board, and comply with tax exemption requirements. The annual report filing provides the County with a convenient opportunity to verify compliance with tax exemption requirements. If at any time the Board determines that INEOS is not in compliance, the Board may revoke or revise the tax exemption. FACommunity DevelopmentTurDevW02013 BCCUNEOSAdValreport.doc 1 128 Recently,staff reviewed INEOS's annual report and verified INEOS's compliance with tax exemption requirements, including representations made in its tax abatement application. At this time, staff is bringing the annual report and its analysis to the Board for consideration, and requests that the Board find INEOS currently in compliance with its tax exemption requirements. ANALYSIS Over the last 3 years, INEOS obtained approval of economic development incentives, developed a bioenergy production facility at the southwest corner of Oslo Road/74th Avenue(former Ocean Spray site), and hired facility personnel as follows: • Spring/summer 2010: coordinated with staff on local jobs grant and tax abatement incentives; obtained BCC approval of local jobs grant. • September 2010: obtained project site plan approval. • March-November 2011: submitted tax abatement application and related information. • December 2011: obtained BCC tax abatement approval (ordinance, agreement). • March 2012: reported 41 employees • June 2012: reported 49 employees • September 2012: reported 53 employees • December 2012: reported 56 employees • January 2013: obtained C.O. (Certificate of Occupancy) for plant site work and associated permits, filed first tax abatement annual report. In its annual report, INEOS (see attachment#5)provides all the information required by INEOS's tax abatement agreement, including information on the number of jobs, average wage, and capital investment in the plant. Staff has verified that the reported jobs and wage information provided in the report is consistent with information reported to the Florida Department of Revenue. With respect to project capital investment(improvements to real property and tangible personal property), it appears that the project has involved tens of millions of dollars in improvements and equipment,as anticipated. Based upon that report, staff determined that INEOS has met applicable project-related and tax abatement-related time frames and deadlines. Recently,Property Appraiser's staff inspected the project INEOS facility and estimated that,for local ad valorem tax assessment purposes,the project has an estimated real property improvements value of approximately $1,000,000. That figure is comparable to staff's 2011 estimate of$1,500,000 for the value of real property improvements for local tax assessment purposes. According to the INEOS tax exemption application, the majority of the project's assessed value will consist of tangible personal property in the form of plant equipment. Later this year, INEOS will file tangible personal property information with the state, and Property Appraiser's staff will use that information to determine the project's total assessed value. Staff's conclusion is that the capital investment amount of $52,500,000 provided in INEOS's annual report is reasonably accurate and consistent with INEOS's tax abatement application. FACommunity Deve1opment\CurDev\BCC\2013 BCC\INEOSAdValreport.doc 2 129 As shown in the following table, INEOS has developed a targeted industry facility, provided the projected number of jobs, met average wage levels, and made project capital investments consistent with representations reflected in its tax abatement application. INEOS COMPLIANCE WITH TAX EXEMPTION REPRESENTATIONS Application Actual 4th Qtr 2012) Full time jobs 53 30points) 56* (30points) Avera e annual wage $58,981 (30points) $58,929* 30points) Level of local capital investment $54,337,677** 20points) $52,500,000** (20points) Special economic development Bio-energy targeted (10 points) Bio-energy (10 points) attributes industry targeted industry Total Points from Scoring Matrix 90 points 90 points *All 56 jobs exceeded IRC's annual average wage ($34,727); 30 of the 56 jobs exceeded 150% of annual average wage ($52,092) "Capital investment over $100,000 qualifies for 20 points After review of the INEOS annual report,staff found that INEOS's actual performance scored the same number of points under the County's scoring guidelines as scored by its 2011 tax abatement application. Therefore, staff has concluded that INEOS continues to qualify for its economic development ad valorem tax exemption as granted by the Board on December 20,2011. Furthermore, staff anticipates that, no later than March 1St, INEOS will formally file for an economic development ad valorem property tax exemption for 2013 (see attachment#6). RECOMMENDATION Staff recommends that the Board of County Commissioners find that INEOS New Planet BioEnergy LLC is currently in compliance with its ad valorem tax exemption requirements. ATTACHMENTS 1. Approved Minutes from December 20, 2011 Board Meeting 2. INEOS Tax Exemption Ordinance 2011-011 3. INEOS Tax Exemption Agreement 4. Excerpts from Chapter 1100 5. January 2013 Annual Report from INEOS 6. Tax Exemption Filing Form(DR-418) 7. 2011 Scoring and Hypothetical INEOS Tax Abatement Scenario Indian River Co, Appr ved Date APPROVED AGENDA ITEM: Admin. FOR: /9 �C'/. Legal 2-(?j•l BY:GO n 1,41 Budget �... Dept. / 1 Risk Mgr. FAConimunity Deve1opment\CurDev\BCC\2013 BCC\INFOSAdValreport.doc j 130 The Commissioners and Sheriff Loar discussed the ramifications of delaying this item until the County Administrator, Management and Budget Director, and Sheriff can meet and return to the Board with a plan. Chairman Wheeler suggested tabling this matter until January 10, 2012. Commissioner Davis observed that postponing this matter would give staff more time to evaluate the suggested $300,000 appropriation, as well as provide time for the Commissioners to review the Sheriff's quarter-end financial data. ON MOTION BY Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved to TABLE this item until the January 10, 2012 Board of County Commission meeting. 10. PUBLIC HEARINGS 10.A.1. CONSIDERATION OF INEOS NEW PLANET BIOENERGY LLC'S REQUEST FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION (TAX ABATEMENT) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, through a PowerPoint presentation (copy on file), provided background description and conditions pertaining to INEOS New Planet BioEnergy LLC's (INEOS) request for an economic development ad valorem tax exemption (tax abatement). He presented an analysis and verification of INEOS's eligibility for the tax abatement program which can be granted for up to ten years, with an annual decrease in scale. He outlined the amounts of property taxes projected to be paid by INEOS and abated over a ten- year period, reviewed the safeguards in the tax abatement program, and conveyed that the December 20, 2011 11 ATTAC UIEW 1 131 ww- Economic Development Council and staff recommend Board approval of the proposed Ordinance granting an economic development ad valorem tax exemption to INEOS New Planet Bioenergy, LLC, with the conditions outlined in staff's recommendation. (Clerk's Note: Please see the Board's Motion for conditions referenced above.) The Chairman opened the Public Hearing. There were no speakers, and the Chairman closed the Public Hearing. ON MOTION by Commissioner Solari SECONDED by Commissioner Flescher the Board unanimously: (1) found that the INEOS New Planet BioEnergy facility qualifies as a "New Business" under the tax abatement ordinance; (2) found that the application scores in the highest tax abatement award category under the adopted scoring guidelines; (3) granted a tax abatement using the schedule for highest award category, with the 10-year abatement period to begin in 2013; (4) adopted Ordinance 2011- 011, amending Title XI of the Code of Indian River County (Economic Development Ad Valorem Tax Exemption) by creating a new section 1100.14 granting an economic development ad valorem tax exemption to INEOS New Planet Bioenergy, LLC; making findings and providing for severability and an effective date; and (5) authorized the Chairman to execute the Economic Development Tax Exemption Agreement for INEOS New Planet BioEnergy, LLC facility. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD December 20, 2011 12 WACHMENT i 132 A TRUE COPY 4 CERTIFICATION ON LAST PACE ORDINANCE N0. 2011 - 012 J.K.BART01Y,CLERK AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING. TITLE XI OF THE CODE OF INDIAN RIVER COUNTY (ECONOMIC DEVELOPMENT'AD VALOREM TAX EXEMPTION) BY CREATING A NEW SECTION 1100.14 GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO INEOS NEW PLANET BIOENERGY, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Title XI of the Code of .Indian River County, entitled "Economic Development Ad Valorem Tax Exemption," authorizes the Board of County Commissioners to grant .economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and WHEREAS, section 196.1995(10), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to INEOS New Planet BioEnergy, LLC, a Delaware limited liability company, have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River °r.. County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: SECTION 1. ENACTMENT AUTHORITY. Section 3, Article VII of the Florida Constitution and section 196.1995, Florida Statutes, authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian .River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption" became effective. 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. Additionally, the Board specifically finds that INEOS New Planet BioEnergy, LLC meets the requirements of section 196.012(15),Florida Statutes. 1 Anwww 2 133 r A TRUE COPY f CERTIFICATION ON LAST PAGE ORDINANCE NO, 2011 -011 J.K.BARTON,CLERK SECTION 3. CREATION OF NEW SECTION. Title XI of the Code of Indian River County, Florida, is hereby amended to create section 1100.14, as follows (new language underlined : Section 1100.14 Economic Development Ad Valorem Tax Exemption Granted to INEOS New planet Bioenergy, LLC (`Business". (1) An economic development ad valorem tax exemption is hereby granted to Business whose address is 925 74h Avenue SW Vero Beach Florida The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business located at 925 74"'Avenue SW,_Vero Beach Florida This exemption shall apply only to the improvements to real property and the tangible personal property described in Business' application for such exemption on file in the county community development department. (2) The exemption shall be for a term of ten (10)years commencing in 2013 the first year the new improvements and new tangible personal property will be added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the General Fund Municipal Services Taxing Units and Emergem Services District which would otherwise be due with respect to the new improvements and new tangible personal property in the absence of the exemption The approved exemption percentages are, as follows: Year 1 (January 1, 2013 tax roll) .......... 100% Year 2 (January 1, 2014 tax roll) .......... 100% Year 3 (January 1,2015 tax roll) .......... 100% Year 4 (January 1, 2016 tax roll) .......... 90% Year 5 (January 1, 2017 tax roll) .......... 80% Year 6 (January 1,2018 tax roll) .......... 70% Year 7 (January 1, 2019 tax roll) .......... 60% Year 8 (January 1, 2020 tax roll) .......... 50% Year 9 (January 1, 2021 tax roll) .......... 40% Year 10(January 1, 2020 tax roll) ........... 30% (3) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $72,845,660; the total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $0, and the estimated revenue loss to the County for the current fiscal year if the exemption's first year had been in effect is$193,95 1. (4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation the continuation of the exemption shall be contingent upon Business' compliance with section 1100.10 relating to "Continuing Performance." 2 A,'�"fAcm*T 2 134 ORDINANCE NO. 2011 - 011 low- (5) The Board specifically finds that Business meets the requirements of section 196.012(15), Florida Statutes. SECTION 4. 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. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 5th day of December , 2011, for a public hearing to be held on the 20th day of December,2011, at which time it was moved for adoption by Commissioner s4j ari , seconded by Commissioner Flescher , and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O'Bryan Aye Commissioner Wesley S.Davis Aye Iftow Commissioner Joseph E.Flescher Aye Commissioner Bob Solari Aye The Chairman thereupon declared the ordinance duly passed and adopted this 201h day of December,2011. BOARD OF COUNTY COMMISSIONERS f�=* 'tSsi INDIAN RIVER COUNTY,FLORIDA # 't. By: C.e� Gary C.V64eeler,Chairman ATTEST: J y K. Barto , • .. �`' Approved as to form and legal sufficiency: Deputy Clerk AlanS Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the Off'' ' MrN` "p 2011. .moo:•' •.��. ...- iwouu�KnrEa TWdTo. TM 3 i co"OF , ATTACiI muff � 'w:R�Ol}!!Z'�;.�'�r "'""'" 135 A TRUE COPY y CERTIFICATE ON ON LAST PAGE J.K.BARTON,CLERK ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT FOR INEOS NEW PLANET BIOENERGY LLC FACILITY AT 925 74'AVENUE SW,VERO BEACH,FLORIDA THIS AGREEMENT is entered into as of the 201h day of December, 2011, by and between Indian River County, a political subdivision of the State of Florida("County") and INEOS New Planet BioEnergy, LLC, a Iimited liability company, organized and existing under the laws of the State of Delaware("Business"). WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance ("Ordinance") , set forth in Title XI of the Indian River County Code("Code"),and WHEREAS, County has adopted Ordinance No. 2011 -o 11 ("Exemption Ordinance") granting an economic development ad valorem tax exemption("Exemption")to Business, and WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall not be effective until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement("Agreement"), NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance. 3. Business' Representations, Covenants and Warranties.. At all times during the term of the Exemption, Business represents, covenants and warrants to County that: (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, at the time of submittal, true and correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true and correct, (d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of.this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business, as defined in the Ordinance ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and(g) Business has not committed and will not commit any Violation of Law(each of subparagraphs(a)through(f), "Commitment"). 4. Annual Reports. On or before January 15th of each year, beginning in 2013 and ending in 2022, the applicant shall submit a status report to the County Community Development Department. At a minimum, the report shall include the name, address, and contact information of the current owner F:L4rwmryWlnnSMise ConvactaUNEOSAd Yolonm Tac Exempt+on,tgnemenr.doc 1 A►TTAcwty 3 136 A TRUE COPY CERTIFICATION ON LAST PAGE J.K,BARTON,CLERK and the current operator of the facility at 925 74`h Avenue SW, Vero Beach, Florida, a description of current facility operations, the current total number of facility employees, the current total and average wages of the employees, and a description of any improvements made to the facility during the previous year. The report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature shall be notarized. 5. Violation by Business of Commitment: In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a)revoke or revise the Exemption, effective as of the date of such action, or (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recover all or any portion of taxes not paid after the date of violation as a result of the Exemption,plus interest, costs of collection and attorney's fees, as set forth in section 1100.11(b) of the Code, or (c) pursue any other remedy available in law or in equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. 6. No Limitation of County's Rights. Nothing in this Agreement shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance. 7. County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Requirements and all requirements of this Agreement; provided, however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above. 8. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes. 9. Transfer of Property Subject to Exemption. Business shall notify County of any transfer of real or personal property subject to the Exemption, within thirty (30) days of the date of such transfer. 14. Form of Notice. Any notice hereunder shall be in writing and delivered by(i) certified mail, return receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii)hand delivery, with written acknowledgement of receipt by the recipient. 11. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terns their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 12. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid,the remaining provisions shall remain in full force and effect. F:U+romryUla 2e ContraersVNEOS.fd Val—.larF cmpcion RlrremcN.doc 2 AWACHMENT 3 137 7 13. Governing Law. This Agreement shall be.governed by and interpreted in accordance `■— with the laws of the State of Florida. 14. Jurisdiction and Venae. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County,Florida. 15. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recover from the non-prevailing part all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. 16. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY TRIAL. 17. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners. 18. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. INI A UE OF FLORIDA DIAN RIVER COUNTY INEOS New Planet BioEnergy,LLC, THIS IS TO CERTIFYTHATTHIS IS a Delaware Limited Liability Company ATRUE AND CO >:CTCOPYpF THE ORIGINAL FILE INTHIS OFFIC K.BARTo , E By: �D.C. Print Name: Its Managing Member 17-1, � ut,,s Attest: Jeffre . Bart0 , BOARD OF COUNTY COMMISSIO �•aE' Cler CircuINDIAN RIVER COUNTY sem. 4 VV i u r , .• y: Gary C. Yeeler, Chairman • •', s ;* r144te Approved by BCC: December -20, ,2011. °•° Approved: °4� may• pproved as to Form and Legal Sufficiency: •a nu•nr •" , By: By. JV1 A. Mird, County Admimstrator Alan Sr oackwich, Sr., County Attorney F:UuornryWlonlMlre ContracnUN£OSRd Vo(oromT Eumprion Ayxement,doc 3 ATEACmtV nT 3 139 Title XI. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 1100.10. - Continuing performance. (a) The business shall continue to meet all exemption requirements during the term of the exemption; (b) No later than March 1 of each year during the term of the exemption, the business shall provide an annual report to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements; (c) The business shall timely comply with all requirements of F.S. § 196.011, during the term of the exemption; and (d) The business shall immediately advise the county of any failure by the business to meet all exemption requirements. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.11. - Revocation of exemption. (a) The board may revoke or revise the exemption at any time if the board determines in its sole discretion that(1)the business no longer meets all of the exemption requirements, (2)the application or any annual report contains a material false statement,such that the exemption likely would not have been granted or continued if the true facts had been known, or (3) the business is found guilty of a violation of law; and (b) If it is determined that the business was not in fact entitled to an exemption in any year for which the business received an exemption, the county, property appraiser or tax collector shall be entitled to recover all taxes not paid as a result of the exemption, plus interest at the maximum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attorney's fees. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) ATTACHMENT 4 F:\Conmmnity Deve1opment\CurDev\BCC\2013 BCC\INEOS 1100.doc 139 INEOS New Planet BioEnergy LLC 3030 Warrenville Road Suite 650 Warrenville, IL 60532 630.857.7166 (office) 630.544.4050 (mobile) January 11, 2013 Mr. Stan Boling Planning Director Indian River County Community Development Department 1801 27th Street Vero Beach, FL 32960 RE: INEOS New Planet BioEnergy LLC's Request for an Economic Development Ad Valorem Tax Exemption (Tax Abatement) — Annual Report Dear Stan, Attached is the initial required annual status report in conjunction with the Board of County Commissioners' approval of an Economic Development Ad Valorem Tax Exemption (Tax Abatement) on December 20, 2011. The report has been sign by David W. T. King, President, INEOS New Planet BioEnergy LLC as "owner"; and, Daniel Cummings, Vice President, INEOS Bio USA LLC as "operator". Both are authorized representatives, respectively. Once you have had an opportunity to review our submission, please do not hesitate to contact myself with any questions or clarifications. Sincerely, r-- Leonard - . Vokaty, Jr. Controller INEOS New Planet BioEnergy LLC ATTACHMENT 5 140 `'"" INEOS New Planet BioEnergy LLC RE: INEOS New Planet BioEnergy LLC's Request for an Economic Development Ad Valorem Tax Exemption (Tax Abatement) 2013 Annual Report January 11 , 2013 Current Owner David W. T. King, President, INEOS New Planet BioEnergy LLC; 92574 1h Avenue S.W., Vero Beach, Florida 32968-9755 Current Operator Daniel Cummings, Vice President, INEOS Bio USA LLC 3030 Warrenville Road, Suite 650, Lisle, Illinois 60532-3606 Description of Current Facility Operations The INEOS New Planet BioEnergy facility is the first commercial scale facility employing the INEOS Bio Bioenergy technology. Utilizing a unique combination of gasification and fermentation processes, the facility is demonstrating key equipment at full commercial scale using vegetative and yard waste as feedstock. Current Total Number of Facility Employees 56 full time employees at December 31, 2012 Current Total and Average Wages of the Employees Total current annualized wages (excluding fringe benefits) are approximately $3.3 million, averaging nearly $60 thousand per employee. Description of any Improvements Made to the Facility during the Previous Year The project broke ground in February, 2011 with construction substantially complete in Q2, 2012, with commissioning and initial start-up in Q3-4, 2012. I ATTACHMENT 5 141 .. The estimated total valuation of tangible personal property investment will be approximately $44-46 million. The estimated valuation of real property investment will be approximately $7-8 million. A post project review is currently being performed to insure correct classifications for county tax reporting in April, 2013. Local Impact This project has had significant positive impact to the local community. Existing area businesses that provide professional services and products have benefited from the project during construction (i.e., 2011/2012) and will continue at full plant operations going forward. To date, building this facility has meant more than $25 million of direct investment into Florida's economy. The biomass gasification process produces renewable power from a steam turbine, which will run the plant, and at full capacity, deliver electricity to over 1 ,400 homes in the local community. The facility has been producing renewable power since September, 2012. ATTACHMENT ;i 142 lftft� Submitted by: David W. T. King Dated President INEOS New Planet BioEnergy LLC Daniel Cummings Dated Vice President INEOS Bio USA LLC q,,1,5 LjSATAYLOREVANS .A my cOMMISSION#EE 066684 PRES:June 28,2013 BondedaXThru Notary Public Underw6tm ATTACHMENT 5 143 ECONOMIC DEVELOPMENT AD VALOREM PROPERTY TAX EXEMPTION DR-418 Chapter 196.1995, Florida Statutes R. 12/99 To be filed with the Board of County Commissioners,the governing boards of the municipality,or both, �... no later than March 1 of the year the exemption is desired to take effect. 1 Business name Imailing address 2 Please give name and telephone number of owner or person in charge of this business. Name I Telephone number 3 Exact Location(Legal Description and Street Address)of Property for which this return is filed 4-Date you began,or will begin,business at this facility 5 Description of the improvements to real property for which this exemption is requested Date of commencement of construction of improvements 6 Description of the tangible personal property for which this exemption is requested and date when property was,or is to be purchased APPRAISER'S USE ONLY Date of Taxpayer's Estimate of Class or Item Age Purchase I Original Cost Cond* Fair Market Rent Cond* $ $ $ $ $ $ $ $ y$,$ $ $ $ $ $ Average value of inventory on hand: *Condition:good, avg (average), or poor Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405(Tangible Personal Property Tax Return)and a copy attached to this form. 7 Do you desire exemption as a 0 new business or 0 expansion of an existing busines 9 Trade levels(check as many as apply) 11 Describe type or nature of your business E] Retail E]Wholesale Manufacturing Professional Service Q Office Other,specify: 10 Number of full-time employees to be employed in Florida If an expansion of an existing business: Net increase % Increase in productive output in employment resulting from this expansion 11 Sales factor for the facility requesting exemption: Total sales in Florida from this divided ITotal sales everywhere from this _ facility-one(1)location only I by facility-one(1)location only -J 12 For office space owned and used by a Date of incorporation Number of full-time corporation newly domiciled in Florida lin Florida employees at this location I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995,Florida Statutes.I agree to furnish such other reasonable information as the Board of County Commissioners,the governing authority of the municipality,or the Property Appraiser may request in regard to the exemption requested herein.I hereby certify that the information and valuation stated above by me is true, correct,and complete to the best of my knowledge and belief.(If prepared by someone other than the taxpayer,his declaration is based on all information of which he has any knowledge.) Date Signature,preparer Preparer's address Signature,taxpayer Title Preparer's telephone number Property Appraiser's Use Only I Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources $ II Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section $ III Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied $ for were granted and the property for which the exemption is requested would otherwise have been subject to taxation IV Estimate of the taxable value lost to the county or municipality if the exemption applied for was granted Improvements to real property $ Personal property $ I have determined that the property listed above meets the definition,as defined by Section 196.012(15)or(16),Florida Statutes,as a 0new business Dexpansion of an existing business Oneither �V_l Last year for which exemption may be applied Application to be filed not later than March 1 Date Signature,Property Appraiser AWWA nI,...�,:.� 144 General Information Ad Valorem property tax exemptions can be granted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow that city or county to grant exemptions.Section 196.1995, Florida Statutes,requires that a referendum be held if:(1)The Board of County Commissioners or ,ferning authority of a municipality(city or county commission)votes to hold such a referendum,or(2)if the county or city commission receives a petition ed by ten percent of the registered voters of the county or city.This referendum question can then be placed before the voters of a city or county at any `v pular election or special election called for voting on the tax incentive referendum or for any other purpose. If the voters authorize exemptions,a company must first meet the definitions of a new or expanding business as stated in s.196.012(15)and(16),F.S. The expansion must be on the same or a colocated site of the business current operations. If a business meets one of the above definitions as a new or expanding business,it must then file this application with the county or city commission or both. After the city or county commission receives this application,it must submit the application to the county property appraiser for review.After the property appraiser makes the report as to the fiscal impact of granting the exemption,the county or city commission shall then adopt an ordinance in the usual manner- granting the exemption,if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes.Also a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tangible personal property.The land on which the new or expanding business is to be located will still be taxed and taxes must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that governmental body.A city can only exempt its taxes;a county can only exempt its taxes.All other taxes must be paid. Statutory Definitions personal property at a fixed location and which 2.When citrus fruit is delivered by a comprises an industrial or manufacturing plant;or cooperative for a grower-member,by a grower- Section 196.011 Annual application required 2.A business establishing 25 or more jobs to member to a cooperative,or by a grower- for exemption.— employ 25 or more full-time employees in this state, participant to a Florida processor,the sales factor (1)(a)Every person or organization who,on the sales factor of which,as defined by s.220.15(5), for the growers for such citrus fruit delivered to January 1,has the legal title to real or personal for the facility with respect to which it requests an such processor shall be the same as the sales property,except inventory,which is entitled by la:-., economic development ad valorem tax exemption is factor for the most recent taxable year of that to exemption from taxation as a result of its less than 0.50 for each year the exemption is claimed; processor.That sales factor,expressed only as a ownership and use shall,on or before March 1 of provided that such business increases operation on percentage and not in terms of the dollar volume each year,file an application for exemption with a site colocated with a commercial or industrial of sales,so as to protect the confidentiality of the the county property appraiser,listing and operation owned by the same business,resulting in sales of the processor,shall be furnished on the describing the property for which exemption is a net increase in employment of not less than 10 request of such a grower promptly after it has claimed and certifying its ownership and use.The percent or an increase in productive output of not less been determined for that taxable year. than 10 percent. 3.Reimbursement of expenses under an Department of Revenue shall prescribe the forms p (b)Any business located in an enterprise zone agency contract between a cooperative,a rower- upon which the application is made. Failure to 9 Y p 9 that increases operations on a site colocated with a member of a cooperative,or rower and a make application,when required,on or before p g commercial or industrial operation owned by the processor is not a sale within this state. ,h 1 of any year shall constitute a waiver of p same business. c Sales of a financial organization,including, exemption privilege for that year,except as ( ) g 9, provided in subsection(7)or subsection(8). Section 196.1995 Economic development ad but not limited to,banking and savings institutions, valorem tax exemption.- investment companies, real estate investment Section 196.012(15)and(16),Florida Statutes (6)With respect to a new business as defined trust,and brokerage companies,occur in this (15)"New business"means: by s. 196.012(15)(c),the municipality annexing the state if derived from: (a)1.A business establishing 10 or more jobs property on which the business is situated may 1.Fees,commissions,or other compensation to employ 10 or more full-time employees in this grant an economic development ad valorem tax for financial services rendered within this state; state,which manufactures,processes,compounds, exemption under this section to that business for a 2.Gross profits from trading in stocks,bonds,or fabricates,or produces for sale items of tangible period that will expire upon the expiration of the other securities managed within this state; personal property at a fixed location and which exemption granted by the county.If the county renews 3.Interest received within this state,other comprises an industrial or manufacturing plant; the exemption under subsection(7),the municipality than interest from loans secured by mortgages, 2.A business establishing 25 or more jobs to may also extend its exemption.A municipal deeds of trust,or other liens upon real or tangible employ 25 or more full-time employees in this economic development ad valorem tax exemption personal property located in this state,and state,the sales factor of which,as defined by granted under this subsection may not extend dividends received within this state; s.220.15(5),for the facility with respect to which it beyond the duration of the county exemption. 4.Interest charged to customers at places of requests an economic development ad valorem business maintained within this state for carrying tax exemption is less than 0.50 for each year the Section 220.15(5),Florida Statutes. debit balances of margin accounts,without deduction exemption is claimed;or (5)The sales factor is a fraction the numerator of any costs incurred in carrying such accounts; 3.An office space in this state owned and of which is the total sales of the taxpayer in this state 5.Interest,fees,commissions,or other charges used by a corporation newly domiciled in this state; during the taxable year or period and the denom- or gains from loans secured by mortgages,deeds of inator of which is the total sales of the taxpayer trust or other liens upon real or tangible personal provided such office space houses 50 or more everywhere during the taxable year or period. property located in this state or from installment sale full-time employees of such corporation; provided (a)As used in this subsection,the term"sales" agreements originally executed by a taxpayer or the that such business or office first begins operation on means all gross receipts of the taxpayer except taxpayer's agent to sell real or tangible personal a site clearly separate from any other commercial or interest,dividends,rents,royalties,and gross property located in this state; industrial operation owned by the same business. receipts from the sale,exchange,maturity,redemp- 6.Rents from real or tangible personal (b)Any business located in an enterprise tion,or other disposition of securities.However: property located in this state;or zone that first begins operation on a site clearly 1.Rental income is included in the term if a 7.Any other gross income,including other separate from any other commercial or industrial significant portion of the taxpayers business consists of interest,resulting from the operation as a financial operation owned by the same business. leasing or renting real or tangible personal property;and organization within this state. (c)A new business that is situated on property 2. Royalty income is included in the term if a In computing the amounts under this annexed into a municipality and that,at the time of significant portion of the taxpayers business consists of paragraph,any amount received by a member of vexation,is receiving an economic dealing in or with the production,exploration,or an affiliated group(determined under s.1504(a)of alopment ad valorem tax exemption from the development of minerals. the Internal Revenue code,but without reference "+emunty under s. 196.1995. (b)1.Sales of tangible personal property occur to whether any such corporation is an"includable (16)"Expansion of an existing business"means: in this state if the property is delivered or shipped to corporation"under s.1504(b)of the Internal (a)1.A business establishing 10 or more jobs a purchaser within this state,regardless of the f.o.b. Revenue code)from another member of such to employ 10 or more full-time employees in this point,other conditions of the sale,or ultimate group shall be included only to the extent such state,which manufactures,processes,compounds, destination of the property, unless shipment is made amount exceeds expenses of the recipient directly fabricates,or produces for sale items of tangible via a common or contract carrier. related thereto. 145 2011 Scoring and Hypothetical INEOS Tax Abatement Scenario �- Under the scoring guidelines,a project scores more points for a higher number of jobs,higher average wages, higher local capital investment, and for having special economic development attributes. For projects that score higher point totals, the guidelines establish higher tax abatement levels and longer tax abatement timeframes (tax years). In this case, staff has scored the INEOS application as follows: 1. Number of new full-time jobs created(53 manufacturing jobs)...............................30 points 2. Level of average annual wages ($58,981/year or 169% of county average)..................3 0 points 3. Level of local capital investment($54,337,677)................................................20 points 4 Special economic development attributes (meeting Policy 2.5, Objective 6)...............10 points Total Application Score 90 points Based upon a total score of 90 points, the INEOS application qualifies for the highest category of tax abatement (81 or more points). That category provides for a 10 year tax abatement with the following schedule: Year 1...........100° Year 6.............70% Year 2...........100% Year 7.............60% Year 3...........100% Year 8.............50% Year 4............90% Year 9.............40% Year 5............80% Year 10............30% Based on information provided by the applicant,the Property Appraiser's Office has estimated the potential assessed value of INEOS's taxable real property improvements at$1,500,000 and tangible personal property at $31,500,000 for a total assessed value of$33,000,000. A taxes abated scenario for the INEOS facility, based on certain assumptions stated below, is as follows: Property Taxes Abated Property Taxes Paid Property Taxes Paid GF, MSTU, ES Dist. GF, MSTU, ES Dist. Schools, Bonds, Other At 5.8773 Mills At 5.8773 Mills At 10.3126 Mills Year 1 $193,951 0 $340,316 Year 2 $175,437 0 $307,831 Year 3 $156,924 0 $275,346 Year 4 $124,599 $13,870 $242,965 Year 5 $95,918 $23,979 $210,377 Year 6 $70,998 $30,444 $177,995 Year 7 $49,722 $33,148 $145,408 Year 8 $36,792 $36,792 $129,218 Year 9 $29,445 $44,198 $129,218 Year 10 $22,099 $51,544 $129,218 $955,885 abated $234,034 aid $2,087,892 aid Assumptions: (a) No additional real property or tangible personal property improvements are made during the abatement period. ATTAeHMEW 7 146 FACommunity Deve1opment\CurDev\BCC\2013 BCC\INEOSscoring.doc (b) The 2011/2012 millage rates for the General Fund(3.0892 mills), MSTU(1.0733 mills), and Emergency Services District (1.7148 mills) tax funds are applied each year during the tax .. abatement period for a total of 5.8773 mills, and the rate for other property taxes remains at 10.3126 mills (rate for 2011/2012) each year during the tax abatement period. (c) The initial assessed value of completed improvements in Year I of the abatement period is $33M. (d) Depreciation of the initial assessed value of tangible personal property($31.5M)is applied at a rate of 10%per year with a floor at 35% of initial assessed value for years 8, 9, and 10. (e) No change in the assessed value of the real property improvements ($1.5M) during the abatement period. ( The highest category of tax abatement award is applied during the tax abatement period. Property taxes abated:scenario expressed in current dollars: — Initial Assessed value (Year ]): $33,000,000 — Millage rate (3 affected tax funds) totals: 5.8773 mills — Depreciation applied to tangible personal property as described above — Highest abatement award category 10 year schedule applied This scenario provides a rough estimate of the maximum potential tax abatement amount. The actual assessed value for any given year during the abatement period will be determined by the Property Appraiser's Office on or around January 1"of the given year. AACRK*T 7 214 7 FACommunity Deve1opment\CurDev\BCC\2013 BCC\INEOSscoring.doc 2/19/2013 1 &., k /r at d�"Stre a.-as �sth$t(ee w gr i .'•, n h r � s ,y 14 B.2 2/19/2013 h gig 91 iy s I }}t 3, >f, 66th Avenue 4-laning between SR60 and 49th Street Dickerson Florida, Inc. Project= 0% done, to be completed in mid 2014 $20.8 million unru 144 2/19/2013 h '•�� Citi � �ti� Yio / eel?0 Flu / r k F Nb � firs r y , 1`I�•6 2/19/2013 Oslo Road 4-laning between 58th Avenue and 43rd Avenue Timothy Rose Contracting, Inc. Project = 40% done, to be completed in late 2013 $3.8 million NPfkr, 'a 7 , :rig ynn*.: ROADS 66th Avenue(4th Street to 16th Street)paving 66th Avenue(SR60 to 49th Street)4-laning Oslo Road(581h Ave to 43rd Ave)4-laning Oslo Road(82nd Ave to 74th Ave)resurfacing 27th Avenue(Oslo Rd to SR60)resurfacing Indian River Boulevard(41St Street to 53'd Street)resurfacing 53rd Street(US1 to IRBlvd)signalization @ 24th Avenue/new Publix Pine Tree Park Subdivision paving Vero Lake Estates Subdivision paving CR512 Eastbound(Roseland Road to Easy Street)resurfacing FDOT projects •1-95 between SR70 and SR60 -SR60 between 66th Avenue and 58th Avenue •USI between Oslo Road and SR713/Turnpike Feeder Road SIDEWALKS Old Dixie(8th Street to SR60)new sidewalk M-7 2/19/2013 b ;kms w g �N$•8 2/19/2013 art I yM WU PMIMIw. ' £=h �i IIII,�I i IR Blvd resurfacing between 41St Street and 53rd Street Community Asphalt Corporation Project= 95% done, to be completed in 2013 $0.8 million (SCOP grant covered 61%) µtll,k .RI�JKItN.... 119 2/19/2013 ROADS 66th Avenue(41h Street to 16th Street)paving 66th Avenue(SR60 to 49th Street)4-laning Oslo Road(58th Ave to 431d Ave)4-laning Oslo Road(82nd Ave to 74th Ave)resurfacing 27th Avenue(Oslo Rd to SR60)resurfacing Indian River Boulevard(41St Street to 53rd Street)resurfacing 53rd Street(US1 to IRBIvd)signalization @ 24th Avenue/new Publix Pine Tree Park Subdivision paving Vero Lake Estates Subdivision paving CR512 Eastbound(Roseland Road to Easy Street)resurfacing FDOT projects •1-95 between SR70 and SR60 -SR60 between 66th Avenue and 58th Avenue •US1 between Oslo Road and SR713/Turnpike Feeder Road SIDEWALKS Old Dixie(8th Street to SR60)new sidewalk �Mkt M y a / y p ���10 2/19/2013 / y RV or NEW NA IM N141,NNUIR AF Al Y Nil 141, rf / / / a s r p, it" / ',. 17, ✓ ''./ ,/li �i r 'a'r / J Rk If& y %' �y ' t s / /2013 ���11 2/19/2013 s.. i p is } � 3 � w x ���12 2/19/2013 ROADS 661h Avenue(4th Street to 16th Street)paving 66th Avenue(SR60 to 49th Street)4-laning Oslo Road(58th Ave to 43rd Ave)4-laning Oslo Road(82nd Ave to 74th Ave)resurfacing 271h Avenue(Oslo Rd to SR60)resurfacing Indian River Boulevard(41St Street to 53rd Street)resurfacing 53rd Street(US1 to IRBIvd)signalization @ 24th Avenue/new Publix Pine Tree Park Subdivision paving Vero Lake Estates Subdivision paving CR512 Eastbound(Roseland Road to Easy Street)resurfacing FDOT projects •1-95 between SR70 and SR60 -SR60 between 66th Avenue and 58th Avenue •US1 between Oslo Road and SR713/Turnpike Feeder Road SIDEWALKS Old Dixie(81h Street to SR60)new sidewalk ensu•, ------------------- 7 Indian River County Florida Board Of County Commissioners W-My MeekWng U6*4W* Y ouiek Links $flied oft." �f3li3Y&$�[%11n 4dY#JW f45 3 Kx.1rd<a ft{m13931ar�a7 Gomm�ra�iirrx ',,,,:'2 1 - '. _� r.e.:�,� 7_� a_„ •,> > ,„, 00*,N—d3,COMWft... ucMtltkusch f"ilWYB iA9frt A.h"G7xl.?tE "... •_ _ ilf4 C-4, rmaa++4S'ptpa+irrxanrs �''>.. _ _.. CeYxy t6Ym•3s:YSpp»fluYrttldz � i 9 €i Tf �+£, tb.W f dBAdy}nY i 4'131®£$�'f'+ut aV 3E`iYYSYUt LI tH L`1 cm.,Q I '� YA§ses¢r�%asan 3_It.A'a RViR to 60N W,�1�HPT6a1..>8 CA.uuEifa M-13 2/19/2013 Indian River County Road Closure/Construction a 4$ . Map Road Gtosure construction Projects 1 > •' r .., r- .,. ' C,r.E£..£.3ef .t 1.x.1 4 map <£r.3 ,_,,,,"«9zla�-a F, z rte' t COASTAL Hurricane Sandy(Oct-Nov,2012)Beach Restoration ENGINEERING 1 FACILITIES South County Regional Park multi-purpose fields South County Regional Park Intergenerational Recreation Building Sheriff—Crime Scene/Evidence Storage Sheriff—Corrections Shooting Range—Skeet&Trap STORMWATER Egret Marsh Regional Stormwater Park flo-way modifications PC South(pollution control project—South Relief Canal) Stormwater video untr 3 1 114 2/19/2013 Hurricane Sandy aftermath 31 emergency dune stabilization permits issued 80,000 cubic yards of sand restored Seagrape Trail Beach Park, Tracking Station Park, Wabasso Beach Park, Golden Sands Park dunes and structures (crossovers, boardwalks, lifeguard stands)= 100% completed .�y i. Tracking Station , Beach Park .,,.E AFTER: 12-21-12 tatlon Boar aI 'Oair8. 1LA 15 2/19/2013 BEFORE '12-77-12 B@aIGh Park n `AFTER � L k P � StAbil zatlo COASTAL Hurricane Sandy(Oct-Nov,2012)Beach Restoration ENGINEERING /FACILITIES South County Regional Park multi-purpose fields South County Regional Park Intergenerational Recreation Building Sheriff—Crime Scene/Evidence Storage Sheriff—Corrections Shooting Range—Skeet&Trap STORMWATER Egret Marsh Regional Stormwater Park flo-way modifications PC South(pollution control project—South Relief Canal) Stormwater video .i 11-16 2/19/2013 InIIIIIII!";4 d } / , K � � f M f d s3'i1}yT 1 } a lvg.17 2/19/2013 South County Regional Park multi-purpose fields Barth Construction, Inc. Project= 0% done, work began Feb. 4, 2013 $1.6 million pS�LN�\ 7 ? COASTAL Hurricane Sandy(Oct-Nov,2012)Beach Restoration ENGINEERING / FACILITIES South County Regional Park multi-purpose fields South County Regional Park Intergenerational Recreation Building Sheriff—Crime Scene/Evidence Storage Sheriff—Corrections Shooting Range—Skeet&Trap STORMWATER Egret Marsh Regional Stormwater Park flo-way modifications PC South(pollution control project—South Relief Canal) Stormwater video F µt fq�Y 1418 2/19/2013 C, If L S y@ Q'9 fig ry � 6� A Pa y i row-, x.. s t IK$'19 2/19/2013 a, '1 i } /j Z r ✓ }S 14t-20 2/19/2013 , /No y z. 1 Y / /aw / x x N� 6 N Iy8.21 2/19/2013 Egret Marsh Regional Stormwater Park flo-way modifications Project= 100% completed $1.3 million COASTAL Hurricane Sandy(Oct-Nov,2012)Beach Restoration ENGINEERING / FACILITIES South County Regional Park multi-purpose fields South County Regional Park Intergenerational Recreation Building Sheriff—Crime Scene/Evidence Storage Sheriff—Corrections Shooting Range—Skeet&Trap STORMWATER Egret Marsh Regional Stormwater Park flo-way modifications PC South(pollution control project—South Relief Canal) Stormwater video uYevry �y� 22 2/19/2013 Other Proiects -----GoLine Transit Hub temporary and permanent relocation -----Administration Buildings A, B Roof redesign -----C.R. 510 & U.S. 1 right-of-way acquisition !y VE INDIAN RIVER COUNTY Y; DEPARTMENT OF UTILITY SERVICES f „ AGENDA ITEM Date: February 8, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Terry Southard, Operations Manager -UD7 9W Subject: Work Order No. 5— Professional Services to Kimley-Horn &Associates, Inc. for Acid Tank Replacement South RO Water Treatment Plant BACKGROUND: The South County Reverse Osmosis plant (SCRO) has an existing 16,000 gallon bulk acid tank that is over 12 years old, and is nearing the end of its service time frame. Since this tank has been put into service, process control operations have changed reducing the need for an acid tank of the same size. ANALYSIS: The scope of services for Kimley-Horn&Associates,Inc., (hereinafter referred to as Consultant),will include 4 tasks. 1) To design plans and specifications for a new tank and associated supply piping;2)coordinate with FDEP;3) limited construction phase services,and 4)work with contractors on scope of services,review shop drawings,and site visit once equipment is installed. Task 1: Review Existing Conditions Consultant will review existing tank and piping at the South Oslo Road plant and evaluate options for a replacement tank. Consultant will develop a phasing plan to allow replacement of the existing tank without interrupting services. Task 2: Design Plans and Specification Consultant will prepare plans and specifications for a replacement tank. Plans will consist of a site plan,tank supports, piping,tie-in details,and general details. Photos may be used to depict these details. It is anticipated that approximately four(4)drawings will be prepared. Specifications will be prepared and consist of the replacement tank,associated piping,coating of existing containment area,and demolition of existing tank. Consultant will provide 90%of the plans and specifications for review and comments as well as final plans and specifications for construction. Drawings will be provided in electronic(PDF—portable document format)form. CADocuments and Settings\aobertautsch\Local SettingsUemporary Internet Files\Content.Outlook\UDVB5PN3\Agenda- Kimely Horn SCRO 149 Task 3: Coordinate with FDEP Consultant will prepare a letter of notification to Florida Department of Environmental Protection(FDEP)regarding tank replacement. It is assumed that an FDEP permit is not required for the tank replacement,but justification for a reduced size tank will be necessary. Task 4: Services during Construction Consultant will: • answer questions from contractors regarding the scope of work during the price proposal phase • review one set of shop drawings on the tank and piping during the construction phase of the project • attend one site visit once all the equipment is installed prior to placing into service. Kimley-Horn's cost for Work Order No. 5 to cover these tasks is$17,900. Estimated cost for this project is $120,000.00. FUNDING: Funds for this project will be derived from the Utilities South RO Acid Tank Account in the operating fund. The operating fund budget is derived from water and sewer revenues. Dirsci- t><on Account No , Amount's $. South RO Acid Tank 471-169000-13505 $17,900.00 Replacement ti... RECOMMENDATION: Staff recommends that the Board of County Commissioners approve attached Work Order 5 to Kimley-Horn & Associates, Inc., in the amount of$17,900.00,and authorize the Chairman to execute same as presented. ATTACHMENTS: Attachment A: Work Order No. 5 Attachment B: Exhibit#I to Work Order No. 5 APPROVED FOR AGENDA: _ Indian River Co. Appro d Date Administration BytJosepdA. g �` Utilities 3 ' Baird, County Administrator Budget Legal For: �9 140- �`"7 Risk Manager bat6 C:\Documents and Settings\aobertautsch\Local Settings\Temporary Internet Files\Content.Outlook\UDVB5PN3\Agenda- Kimely Horn SCRO 150 WORK ORDER NUMBER_5 This Work Order Number _1_ is entered into as of this day of 2011_, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011, (the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("CONSULTANT'). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. r By: By Kevin Schanen, P.E. Joseph E.Flescher, Chairman Title: Associate, Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: �G�-tJl seph . Baird, County Administrator Approved as to form and al sufficiency: J Alan of kwich, County Attorney 151 EXHIBIT 41 Work Order Number 5 Bulk Acid Tank Replacement At South Oslo Water Treatment Plant PROJECT UNDERSTANDING The existing bulk acid tank is more than 12 years old and at the end of its service life, and therefore,replacement of the tank necessary. Since the acid demands have been reduced in the feedwater with the use of alternative scale inhibitors, a smaller sized bulk tank is suggested. Associated piping and containment coatings should also be addressed as part of the tank replacement. The scope of work consists of design plans and specifications for a new tank and associated supply piping, coordination with FDEP, and limited construction phase services. SCOPE OF WORK Task 1: Review Existing Conditions Consultant will review existing tank and piping at the South Oslo Road plant and evaluate options for a replacement tank. Consultant will develop a phasing plan to allow replacement of the existing tank without interrupting service. Task 2: Design Plans and Specification Consultant will prepare plans and specifications for a replacement tank. Plans will consist of a site plan,tank supports, piping,tie-in details, and general details. Photos may be used to depict details. It is anticipated that approximately four(4)drawings will be prepared Specifications will be prepared and consist of the replacement tank, associated piping, coating of existing containment area,and demolition of existing tank. Consultant will provide 90% plans and specifications for review and comment as well as final plans and specifications for construction. Drawings will be provided in electronic(Pdf—portable document format)form. Task 3: Coordination Consultant will prepare a letter of notification to Florida Department of Environmental Protection (FDEP)regarding tank replacement. It is assumed that a FDEP permit is not required for the tank replacement, but that justification for a reduced size tank will be necessary. Consultant will answer questions from contractors regarding the scope of work during the price proposal phase. Consultant will review one set of shop drawings on the tank and piping during the construction phase of the project. wW.. SCHEDULE 152 Services for Tasks 1 through 3 are anticipated to be completed within 3 weeks of notice to proceed. Task 4 will be concurrent with project construction and is anticipated to be completed within 6-8 months, depending on contractor's schedule. FEES We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15,2011, with Indian River County. The Consultant will provide professional services for a lump sum fee as follows: Task No. Task Task Fee Task 1 Review Existing Conditions,Phasing Plan $2,300 Task 2 Design Plans and Specifications $12,800 Task 3 Coordination $2,800 TOTAL LUMP SUM FEE $17,900 1..——E::]—Anf V A\F-:.i T....1,C.---.e.,i .1....., 11......'1 ..1"1 15 3 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES AGENDA ITEM Date: February 1, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Terry Southard, Operations Manager ' Subject: Work Order No. 5—Moja, Bowles, Villmizar&Associates (MBV), South County RO Facility Storage & Piping Tank Modification BACKGROUND: Indian River County Utilities operates two water production facilities, South County RO located at 1550 91h Street SW, and North County (Hobart) RO located at 7751 58`h Avenue. In August of 2012 FDEP approved the expansion capacity at North County RO to 11.44 MGD. On January 14, 2013 FDEP gave Indian River County approval to staff and operate the North County RO plant (Hobart) 24 hours per day seven days per week. At the same time they gave us approval to reduce operator staffing at the South County RO facility to 16 hours per days seven days per week. ANALYSIS: With the increased capacity at North County RO facility, staff would like to install an interconnecting operating system within the water distribution system. This would allow the North County facility to fill the ground storage tanks at South County RO during the night time hours when water demand is low. This interconnection will provide increased reliability of the County's overall water system. Work Order No. 5 with MBV provides the engineering design, permitting, bid review/recommendations, and construction services to implement interconnecting operating systems. The scope of services for MBV Engineering will include 3 tasks: ➢ Task 1- Drawings and Specifications ➢ Task 2—Bid Review & Recommendations ➢ Task 3—Construction Inspection/Certification MBV's cost for Work Order Number 5 to cover all three tasks is $16,800.00. Estimated construction cost for this project is$106,000.00. FUNDING: Funds for this project will be derived from the R&R budget in the operating fund. The operating fund budget is derived from water and sewer revenues. Description Account No. Amount $ South RO Piping/Storage 47123536-044699-13507 $16,800.00 Tank Modification I I I C:\Documents and Settings\aobertautsch\Desktop\Audrey WIP\Terry Southland\P.genda- MBV WO 5 South RO Storage Tank MODIFICATION 15 RECOMMENDATION: Iftow Staff recommends that the Board of County Commissioners approve attached Work Order 5 to MBV Associates in the amount of$16,800.00, and authorize the Chairman to execute same as presented. ATTACHMENTS: Attachment A: Work Order No. 5 Attachment B: Proposal/Contract letter from MBV APPROVED FOR AGENDA: Indian River Co. Approved Date Administration By' k• 80-1--r� j Utilities 2- Joseph A. Baird, County Administrator Budget For: �7 Legal �' 2•{o (�? Date Risk Manager I I I I UMBV NGINEERING, INC. SIA BOWLES VILLAMIZAR&ASSOCIATES Z( 5 Aw.• eng.com CA-3728 ` NOW February 1, 2013 Mr. Vincent Burke c/o Mr. Terry Southard Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960-3389 Subject: Proposal/ Contract for Professional Engineering Services Indian -River County South RO Plant Storage Tank Modification Indian River County, Florida Engineer's Project Number: 12-276 Contractee: Mr. Vincent Burke .. Dear Mr:Burke: At your request, we are hereby submitting our proposal to provide professional services for the above subject project. PROJECT DESCRIPTION It is our understanding that Indian River County Department of Utilities intends to provide an interconnect between the South County RO (SRO) Water Treatment Facility and the North Couth RO (NRO) Water Treatment Facility, in an effort to provide increased reliability of the overall County potable water system. Currently the SRO water treatment facility has the ability to only feed water from its storage tanks to the distribution system. As such, the proposed modification is intended to allow the SRO storage tanks to be filled from the existing distribution system during periods of low flows. More specifically it is proposed to backfeed water being generated from the North RO plant during the lower demanding nighttime hours. To allow for the proposed off-hours backfeeding, an addition of piping and valving will be required, as per,the attached exhibit. 1835 20th Street 1600 W.Eau Gallie Blvd.,Suite 203 806 Delaware Avenue Vero Beach,FL 32960 Melbourne,FL 32935 Ft.Pierce,FL 34950 772.569.0035 321.253.15 10 772.468.9055 Fax:772.778.3617 Fax:32 1.253.091 1 Fax:772.778.3617 156 NJ Mr. Vincent Burke February 1, 2013 Page 2 `�- Proposal: 12-276 SCOPE OF SERVICES Task 1 —Drawings and Specifications MBV Engineering, Inc will prepare and provide to Indian River County finalized drawings and specifications, which will specify the design requirements necessary to ensure compliance with current state and local codes, as detailed below: 1. Site visit and coordination with the operator to detennine the required configurations and upgrade requirements 2. Coordination with County personnel 3. Design of proposed utility extension and valving operation 4. c Teneration of Construction Drawings and Specifications 5. Preparation and submittal of the FDEP Water Permit, including permit fee 6. Preparation of Bid Documents and submittal to Purchasing Department Task 2 —Bid Review and Recommendations MBV Engineering, Inc. will review contractor bids and make recommendations based on contractor qualifications, bid completeness, and cost. Task 3—Construction Inspection/Certification MBV Engineering, Inc. will perform the necessary inspections to ensure that the construction is performed in accordance with the final design plans and specifications. Upon construction completion, MBV Engineering, Inc. will provide the required certifications. SCHEDULE MBV Engineering, Inc will complete the tasks mentioned above in a timely manner. An estimated schedule is listed below. 7 Estimated Task No. Task Completion Date Task 1 Drawings and Specifications/Permitting/ Bid Preparation March 2013 Task 2 Bid Review and Recommendations May 2013 Task 3 Construction Inspection/Certification September 2013 157 Mr. Vincent Burke February 1, 2013 Page 3 Proposal: 12-276 FEES MBV Engineering, Inc will provide these services for a fee as detailed below: ATask o. Task Task Fee Drawings and Specifications / Permitting/ Bid Preparation $10,000 Bid Review and Recommendations $ 2,200 Construction Inspection/Certification $ 4,600 TOTAL $16,800 Invoices for our services will be billed on a monthly basis with payment due upon your receipt of the invoice. A service charge of 1-'/2% per month will be billed for late payments. In the event of any dispute concerning this Proposal/Contract for Professional Engineering Services, MBV Engineering, Inc. shall be entitled to recovery of its reasonable attorney's fees and costs incurred in connection with the dispute. We are available to begin work described herein upon our receipt of your written acceptance of this proposal/contract. This proposal is valid if accepted within ninety (90) days from the date of this proposal/contract. Should you require further information or clarification, please do not hesitate to contact our office. Sincerely, MBV EN ERING, INC. Aaron B les, P.E., Vice President fitness AJB/jb Accepted this day of 20 Signature Witness 158 WORK ORDER NUMBER 5 This Work Order Number 5 is entered into as of this day of 20_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS �••- MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: By: A,L,.� 3Uu:�s , Chairman Title: V. BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ApprovedtSPola O,d r Approved as to form and legal sufficiency ney 159 1 Attorney's Matters-B.C.C. 02.19.13 Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorney DATE: February 13, 2013 SUBJECT: Annual Renewal of County Attorney's Employment Agreement My existing annual employment agreement with the County will expire on February 22, 2013. Therefore, I have attached a new agreement for 2013-14. The only changes from the prior agreement are the dates — all other provisions remain the same. However, I want to take this opportunity formally to advise the Board of my resignation as County Attorney, effective at a mutually convenient date in the July/August 2013 timeframe. When I accepted the position of County Attorney, my intent was to remain in the position for five to ten years, possibly longer. However, as the Board knows, my wife and I went through a serious family health issue in 2012. While, fortunately, everything turned out well, the experience definitely impacted us and left us with different priorities going forward. Continued full-time employment in the demanding position of County Attorney is simply not consistent with those priorities. I said when I applied for the position of County Attorney that it would be a privilege to represent the Board and the people of Indian River County — and it has been all of that and more. I am certainly grateful for the opportunity that was given to me. RECOMMENDATION The County Attorney recommends that the Board approve the new employment agreement, accept the County Attorney's resignation effective at a mutually convenient date in the July/August 2013 timeframe, and begin the process of selecting a new County Attorney. APPROVED FOR FEBRUARY 19, 2013 Indian River Co. 1,01-moved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. Co.Atty. —r Budget 13 C_OUNTYATTORNEY Dept. --- --- Risk Mgr. -- --- 60 EMPLOYMENT AGREEMENT `'A BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND ALAN S. POLACKWICH THIS AGREEMENT made and entered into as of February 19, 2013 by and between the Board of County Commissioners and Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called "County" and Alan S. Polackwich, hereinafter called "County Attorney," for employment commencing February 23, 2013. WITNESSETH: WHEREAS, Indian River County desires to employ the services of Alan S. Polackwich as County Attorney, and WHEREAS, Alan S. Polackwich desires to accept employment as Indian River County Attorney, and WHEREAS, the State of Florida has developed a Senior Management Class within the Florida Retirement System, and •- WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and WHEREAS, designated membership in the Senior Management Class requires that: 1) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and WHEREAS, the County Attorney, as a County Officer works directly for the Board of County Commissioners, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. COUNTY ATTORNEY'S DUTIES In consideration of County Attorney's employment by the County, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County and shall not undertake any compensated outside legal work, unless otherwise authorized by the County. County Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to F.WOomey�LindaiGENERALIC401ComracfsW-ploynim[Agreemem(Polackvich2013-14).doc Page I of 4 161 be assigned to County Attorney, the specific duties to be performed by County Attorney, and �... reasonable standards of performance to be maintained. SECTION 2. GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to review all work performed; to determine the time and manner of the performance of all work, and to determine standards of performance, all of which shall be reasonable. SECTION 3. ETHICS,UNLAWFUL CONDUCT,AND ARRESTS A. County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice of law. B. County Attorney shall immediately notify the County Commission within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to, probation, suspension, or disbarment. The Commission shall determine if it is in the best interests of the County to: 1. Retain County Attorney in his/her regular position pending court disposition; and/or 2. Place County Attorney on leave with or without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3. Initiate disciplinary action up to and including termination. In the event that County Attorney is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the Officer, or which would tend to affect the Officer's relationship to the job or fellow workers, or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9. Severance of this agreement. SECTION 4. ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) annually, payable in 26 bi-weekly installments of$5,769.23, as adjusted for necessary deductions. County Attorney's salary shall be increased by any cost-of-living increases granted other County employees and with the same FUrrorney�LindolGEN£RAL1CA01CanrractslEnploymentAgreemeni(P.1—Mich 1013-14).d- Page 2 of 4 162 effective date. Salary increases per Section 7. Terms shall be adjusted as of the commencement ,n,W date of this Agreement, unless otherwise authorized by the County. In addition to salary, County Attorney's compensation includes a car allowance in the standard amount for senior County employees receiving a car allowance. SECTION 5. ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full-time, regular non- contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. County Attorney shall receive eighteen days of vacation leave annually, available beginning on the employment anniversary date each year. In the event that County Attorney's employment with County terminates for any reason at a time when County Attorney has taken more vacation days than have accrued at the rate of 11.25 hours per month, County Attorney shall reimburse County ,for the overused vacation days, which amount County may deduct from County Attorney's final paycheck(s). Vacation leave shall not accrue above the maximum allowed by the County Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida Bar dues, Florida Bar section fees, board certification or recertification fees, and local bar association dues. County Attorney is included in the "Senior Management Service Class" of the Florida Retirement System. SECTION 6. CONTRACT The County Attorney acquires no property rights in employment but has only contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7. TERMS This employment contract is for one year from the commencement date written above. The Contract is not continuing in nature and must be renewed on an annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. County shall provide County Attorney at least 30 days' written notice in the event of non-renewal. SECTION 8. TERMINATION A. This contract may be terminated at will by the County or by County Attorney upon 30 days' written notice given to the other party. County Attorney waives any right to be paid for unused accrued annual leave, vacation or sick leave time in the event the contract is terminated or not renewed by either party for any reason. F-4tmmeyDndaIGENERALIC401Contracts�iploymentAgreement(Polaukwich 1013-14).doc Page 3 of 4 163 B. The Board of County Commissioners may also, for cause, terminate the employment of County Attorney at anytime whatsoever, by affirmative vote, of not less than three (3) members of the Board. County Attorney shall be entitled to a hearing before the Board if, within five (5) business days of termination, he so requests in writing to the Chairman of the Board of County Commissioners. In the event County Attorney is terminated for cause, County shall be under no obligation to pay severance or provide 30 days' notice per Section 9. Severance of this agreement. The term "for cause" shall be deemed to include: gross negligence in the handling of County affairs; willful violation of the provisions of law; willfully disregarding a direct and lawful order, demand, or policy of the Board of County Commissioners; conduct unbecoming a public employee; habitual drug abuse; conviction of a felony; or conviction of any crime involving moral turpitude or relating to official duties; or loss or suspension of license to practice law in the State of Florida. For the purposes of this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony, he shall be deemed to have been convicted,notwithstanding a suspension of sentence or a withholding of adjudication. SECTION 9. SEVERANCE If the County terminates this contract at any time or in the event of the County's failure to renew an employment agreement with County Attorney, County shall not be obligated to pay any severance or maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums, provided, however, "County shall provide no less than a 30 days' notice of termination without cause. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. INDIAN RIVER COUNTY BOARD OF Attest: Jeffrey R. Smith, Clerk of Court, COUNTY COMMISSIONERS and Comptroller By: By: Deputy Clerk Joseph E. Flescher, Chairman Date Approved by BCC: Approved: COUNTY ATTO B . rC1. seph A Baird, County Administrator Alan S. Polackwich, Sr. F.41mmeylLindalGENER9LIC401Contrac(slEmpl ynienlAgreemen!(Polackwich2013-14).doc Page 4 of 4 164 ATTORNEY'S MATTERS: 2/19/2013 Of ce of INDIAN RIVER COUNTY �— ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: eilliam K. DeBraal - Deputy County Attorney THROUGH: Alan S. Polackvich, Sr. —County Attom:22y� DATE: February 13, 2013 SUBJECT: Resolution Delegating to the County Administrator or Designee the Authority to Execute Standard Cash Deposit and Escrow Agreements Relating to Chapter 934, Excavation and Mining, of the Code of Indian IVAN- River County When approved projects are required under Chapter 934, Excavation and Mining, of the Code to post security to guaranty one or more of compliance, restoration and road maintenance, and the security is in the form of cash rather than letters of credit or surety bonds, a standard Cash Deposit and Escrow Agreement must be entered into. The standard Cash Deposit and Escrow Agreement requires the approval of the Board of County Commissioners and the signature of the Chairman through the scheduling of the matter on an upcoming agenda, thus holding up the developer's project. Because this process is administrative in nature, presented herewith for consideration is a Resolution authorizing the County Administrator or his designee to execute standard Cash Deposit and Escrow Agreements so long as the document bears approval signatures of the County Attorney or designee, and the Budget Director or designee. Section 101.05.1.q of the Code also allows the Board to authorize the County Administrator or his designee to perform other duties on behalf of the Board. REQUESTED ACTION: Adopt the attached Resolution delegating to the County Administrator or designee the authority to execute standard Cash Deposit and Escrow Agreements so long as the document 4RICVED FOR =-�-- 3 Q.C.C. EET! e EGUL AGENDA _ 6 5 f v.s.. bears the approval signatures of the County Attorney or designee and the Budget Director or designee. In the alternative, if the Board does not wish to delegate such authority to the County Administrator or designee, presented herewith for approval and authorization for the Chairman to execute a standard Cash Deposit and Escrow Agreement for each of compliance and road maintenance in connection with the Harbor Point project located along 53' Street and U.S. Highway 1 where security is required to be posted with regard to incidental mining activities, to-wit site compliance and removal of the onsite fill, with an approved haul route to be used. nhm attachments: Resolution Harbor Point—Cash Deposit and Escrow Agreement for compliance Harbor Pointe—Cash Deposit and Escrow Agreement for road maintenance 2 166 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE STANDARD CASH DEPOSIT AND ESCROW AGREEMENTS UNDER CHAPTER 934, EXCAVATION AND MINING, OF THE CODE OF INDIAN RIVER COUNTY. WHEREAS, pursuant to Chapter 934, Excavation and Mining, of the Code of Indian River County, security to guaranty compliance, restoration and road maintenance may be required to be posted before the approved project can get underway and/or further permitted; and WHEREAS, when cash is posted as security, rather than letters of credit or surety bonds, a standard Cash Deposit and Escrow Agreement must be entered into; and WHEREAS, the standard Cash Deposit and Escrow Agreement requires the approval of the Board of County Commissioners and the signature of the Chairman; and WHEREAS, it is in the best interests of the County and the public to be able to provide the standard Cash Deposit and Escrow Agreement in an expeditious manner so that the project can proceed without undue delays; and 167 RESOLUTION NO. 2013- WHEREAS, the approval and execution of the standard Cash Deposit and Escrow Agreement is administrative in nature and does not require the attention of the Board; and WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are affirmed, and the County Administrator or designee is hereby delegated authority to execute standard Cash Deposit and Escrow Agreements so long as the document bears approval signatures of the County Attorney or designee and the Budget Director or designee. 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: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 168 RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this 19th day of February, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk AppROVED AS TO POR." At4D EGAL S FF �,,.. BY=K.DEBRAAL 3 169 CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: HARBOR POINT SP-MA-07-08-17/(AA-13-05-34)(2004040368) THIS AGREEMENT is entered into this day of February, 2013, by and between Vero 53 Harbor, LLC, a Florida limited liability company (Vero 53), a partner of the developer, LF2/MCP Harbor Point LP, a Florida limited partnership (Developer), whose property is being developed under the project name Harbor Point, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS, as a condition precedent to the approval by the County of removal of excess material incidental to the Developer's site plan, security is required to be posted to insure compliance with the requirements of the permitted site, in accordance with Administrative Approval Site Plan # AA-13-05- 34; and to insure compliance with the ordinances and regulations of Indian River County, specifically Section 934.04(7)(b), Indian River County Code, including but not limited to confining hauling to approved hauling routes, and the limiting of extraction and hauling to the hours between 7:00 a.m and 5:00 p.m., Monday through Friday. The Administrative Approval Site Plan is incorporated herein by this reference and made a part hereof for all purposes. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. Vero 53 has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Ten Thousand and No/100 Dollars ($10,000.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Section 934.04(7)(b) with respect to site plan compliance, including but not limited to confining hauling to approved hauling routes, and the limiting of extraction and hauling to the hours between 7:00 a.m and 5:00 p.m., Monday through Friday. 2. Upon completion, Vero 53 may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, - and shall be accompanied by a sealed certificate from Developer's engineer that i - 170 the site is in compliance in accordance with the most recent set of plans approved and on file with the County. Now. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Vero 53, at the address specified in the request for disbursement. 4. Upon failure to comply with all the requirements of the site plan approval, including Indian River County Code Section 934.04(7)(b), the County may utilize escrowed funds to achieve compliance. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan compliance conditions, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Vero 53, its legal representatives, successors or assigns, at the time of site completion. 5. If escrowed funds are held in excess of 60 days, any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Vero 53 at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer or Vero 53 while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer or Vero 53 relating to the approved site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned Ift 2 171 herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. Signed in the presence of VERO 53 HARBOR, LLC, a Florida limited liability company sign name:jiiip jf j,- ( ,, Gni l,[Lt, print name: . sign name:ek;� hW By: print name: :1 ; ( Michael A. ard, Manager Date: _j BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: (SEAL) Deputy Clerk OFFIC MANAG NT APPROVED AS TO FOR&AND AND DG T LEG ICI- CY By: r By: Jason . Br n William K. 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'^l�. � � VERO 53 HARBOR LLC 1118 Indian River County ) 2/13/2013 Compliance Bond 101000.00 ' l , 1 Wells Fargo y 10;000.00 r , W CASH DEPOSIT AND ESCROW AGREEMENT \"WW FOR ROAD MAINTENANCE RE: HARBOR POINT SP-MA-07-08-17/(AA-13-05-34)(2004040368) THIS AGREEMENT is entered into this day of February, 2013, by and between Vero 53 Harbor, LLC, a Florida limited liability company (Vero 53), a partner of the developer, LF2/MCP Harbor Point LP, a Florida limited partnership (Developer), whose property is being developed under the project name Harbor Point, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS, as a condition precedent to the approval by the County of removal of excess material incidental to the Developer's site plan, and in accordance with Section 934.08, Indian River County Code, security is required to be posted to ensure among other things, that the segment of 12th Street between 58th Avenue and 66th Avenue will not be damaged by the hauling of mined materials; that hazardous traffic conditions will not be created; that the vehicles hauling the excavated materials be covered in a manner satisfactory to the County to prevent fill spillage; that load limits are not exceeded; that required road maintenance is performed; and that the vehicles have the trucking company name or truck owner's name prominently displayed on the sides of the vehicle. The Administrative Approval Site Plan is incorporated herein by this reference and made a part hereof for all purposes. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. Vero 53 has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Ten Thousand and No/100 Dollars ($10,000.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Section 934.08 with respect to road maintenance and traffic safety. 2. Upon completion, Vero 53 may obtain a disbursement from the escrow account by making a written request to Indian River County's Public Works Director. The request shall specify the amount of disbursement. s.... 1 174 3. Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the roadway :*,, segment. If the Public Works Director is satisfied in all respects with the condition of the roadway segment, the Public Works Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Vero 53, at the address specified in the request for disbursement. 4. Upon failure to comply with River County Code Section 934.08, the County may utilize escrowed funds. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Section 934.08, and that said funds are deemed necessary as either a penalty for noncompliance or to cure damage. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Vero 53, its legal representatives, successors or assigns. 5. If escrowed funds are held in excess of 60 days, any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Vero 53 at close of escrow unless necessary for County to utilize in cure of default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer or Vero 53 while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer or Vero 53 relating to the approved site or hauling. 7. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. 2 175 and seals. IN WITNESS WHEREOF, the parties hereto have set their hands Signed in the presence of VERO 53 HARBOR, LLC, a Florida limited liability company sign name: print name: , sign name: By. print name:U1.•lJ, Michael A. Collard, Manager Date: - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: (SEAL) Deputy Clerk OFFICE MANA NT APPROVED AS TO FORM AND AND D T LEG L S FFICIEN Y: By: , By Jaso E. Br wn illiam K. DeBraal OMB Direct r Deputy County Attorney 3 176 Txi_ tt, • • YYt�;'+ice r (( .a,?:;; '"r "y���',*,,-ti gra ,�, i7'me g �,:�A e i�• "` • , • •- T �.I.L,�� F ,�Cw�k�[�'yl,�. ���Yii(Li�.J��'+6�}•_1 +t k; r ., '�, rf,. rn n 7 AR�++'d"'lj �A,�,gg {s r 4 r Y �..� a x ✓ .�i�r`•�}•?,°,i'."' 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Ir,'' q:. i�; .!"�.Ys4 ��' 0�7 i�fct �'{"��': "!Y';�a•' `�l�. t'y("'^i• s*�'i 'r{4"'�;'lyd�'�6;:'•3�1-n4 Ak'Sk:.',�7wrK �:iS.' ;+t .��,a'w°t:,'r;., ''�7:.ir'�� r; � ■• � � 3 VERO 53 HARBOR LLC 1117 Indian River County 1 2/13/2013 Maintenance Bond 10,000.00 t Wells Fargo 1 10,000.00 ATTORNEY'S MATTERS: 2/19/13 �► Off,C of I r INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM P TO: William K. DeBraal, Deputy County Attorney THROUGH: Alan S. Polackwich, Sr., Count Attorney ell DATE: February 11, 2013 SUBJECT: Encroachment Agreement with Florida Gas Transmission Company for Oslo Road Customer Convenience Center The County is proceeding to the construction phase of the improvements to the Oslo Customer Convenience Center located at 950 1St Place, Vero Beach. An aerial of the Center is attached to this memo. Among the improvements to be included with the NNW project is an 8 inch water main that will service the remodeled convenience center. The pipe line will be located on the north side of the South Relief Canal and cross the canal adjacent to the transfer station property. All permits required from the Indian River Farms Water Control District (the Farms) have been obtained for this pipe line. In April 2000, Florida Gas Transmission Company, (FGT) pursuant to its power of eminent domain, obtained an easement for a 8 inch natural gas line along the south side of the South Relief Canal in right-of-way owned by the Farms. This gas line services the Vero Beach Electric Plant. The County's proposed water main must cross the gas line in order to service the new convenience center. In order to obtain permission to cross the gas line easement belong to FGT, the County is required to enter into an Encroachment Agreement with FGT for the shared use of their easement. Staff and the County Attorney's Office have been negotiating the terms of the Agreement with FGT. The attached Encroachment Agreement sets for the terms, conditions and responsibility of each party to the agreement. The Farms is not a party to this agreement as separate permits have already been obtained by the County. The Encroachment Agreement contains a number of conditions set forth in Exhibit "A" of the Agreement. Staff will work in concert with its contractor and FGT to ensure compliance is maintained during all of construction in and around the FGT easement. A representative from FGT will on hand to supervise the work during all phases of construction in FGT's easement. - ;e Apur vtd Dats n. 'tE lNG AGENDA t 2_ Mresv e nQtiv l - ..w. �t , Funding: As FGT is not charging the County a fee for crossing its easement, no •- funding information is necessary. Recommendation: Staff recommends the Board of County Commissioners approve the Encroachment Agreement with Florida Gas Transmission Company and authorize the Chairman to execute the Agreement on behalf of the Board. c: Himanshu Mehta, SWDD Judy Franklin, FGT David Gunter, IRFWCD 179 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Back ,.�,. Indian River County GIS au C 1 ParcelID OwnerName PropertyAddress 33391300000500000041.0 INDIAN RIVER COUNTY * 950 990 IST PL VERO BEACH, FL 32962 Notes httn-//Nxnxnx7 irrna nra/PrintMnn ncnv /� /7n�,180 This Instrument Prepared By and Return To: Right-of-Way Department(Julie Franklin Florida Gas Transmission Company Post Office Box 945100 Maitland, Florida 32794-5100 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this day of , 2013, by and between FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, ("FGT"), with principal offices at 5051 Westheimer Road, Houston, Texas 77056, and, INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("IRC"), whose address is 1801 27th Street, Vero Beach, Florida 32960. WITNESSETH THAT: WHEREAS, FGT is the owner and holder of a Stipulated Order of Taking dated April 6, 2000, and recorded in Book 1338, at. Pagel 100, Official Records, Indian River County ("Easement Agreement"), covering lands located in, among others, Section 13, Township 3aSouth, Range 3D East, Official Records, Indian River County, Florida as described in the Easement Agreement ("Lands"); and WHEREAS, pursuant to the authority contained in the Easement Agreement, FGT has constructed and currently operates and maintains an eight- inch (8") natural gas pipeline and related surface and subsurface appurtenances, (collectively, the "Pipeline Facilities"), across and through the Lands; and WHEREAS, IRC is the present holder of an easement across that portion of the .... Lands described in Exhibit "B" attached hereto and made a part hereof for all purposes ("Owned Premises"), with Pipeline Facilities situated thereon; WHEREAS, IRC desires to construct an eight-inch (8") pvc water main crossing the FGT twelve-foot (12`) wide easement ("Easement Area") and the Pipeline Facilities as depicted on Exhibit "C" ("Encroachment") attached hereto and made a part hereof pursuant to the terms and provisions of this Agreement; and WHEREAS, IRC has been advised by FGT that FGT is a natural gas transmission company and that FGT operates a high pressure underground natural gas Pipeline Facilities through the Owned Premises; and WHEREAS, IRC has requested written consent from FGT to maintain, use, and enjoy the Encroachment upon a portion of the Easement Area and in close proximity to the Pipeline Facilities; and WHEREAS, FGT is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Encroachment Agreement, FGT and IRC agree as follows: 1. To the extent that FGT has the right to do so, FGT hereby grants consent to IRC to maintain, operate and use the Encroachment on the Owned Premises and the Easement Area, and in close proximity to the Pipeline Facilities, subject to compliance with the following terms and conditions: A. To the extent allowed by law, and without waiving sovereign immunity, IRC hereby assumes all risks for damages, injuries, or loss to either property or persons, caused by, or arising out of, or resulting from, or in any way associated with the installation, construction, use, maintenance, repair or replacement of the Encroachment. 181 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 B. The consent granted herein is limited exclusively to the proposed Encroachment upon the Owned Premises within the Easement Area. IRC shall not alter the grade or permit such alteration anywhere on the Easement Area without the prior express written consent of FGT. C. IRC shall at all times conduct all activities on the Easement Area in such a manner as not to interfere with or impede the operation and maintenance of the Pipeline Facilities, as conducted in the past, present or future, in any manner whatsoever. D. Except as to the Encroachment, IRC shall not construct, plant or create additional improvements of any kind, including but not limited to, fences, sheds, irrigation or drainage systems, utilities, decking, pole barns, parking lots, roadways, pools, ponds, trees or shrubs within the confines of the Easement Area without the prior express written consent of FGT. E. IRC understands and agrees that FGT may not have the exclusive authority to grant IRC permission to construct the Encroachment in the Easement Area. This Agreement merely defines the terms by which FGT will not object, and that IRC will obtain permission for the Encroachment from the underlying fee owner of the Lands or third parties having an interest in the Owned Premises. The consent granted by this instrument shall not constitute or be construed as a subordination, merger, assignment, conveyance or relinquishment of any of the right, title and interest of FGT under the provisions of the Easement Agreement. 2. IRC agrees that The Encroachment and any additional approved improvements constructed or installed in the Easement Area shall be constructed in accordance with the Engineering and Construction Specifications detailed in Exhibit "A" attached hereto and made a part hereof. Installation, construction, maintenance, repair and replacement of the Encroachment shall be the sole responsibility, and performed at the sole cost and expense of IRC. 3. IRC, to the extent allowed by law, agrees to indemnify, protect, and hold harmless FGT, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and agents (hereinafter "FGT Entities") from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, caused by, or arising out of, or resulting from, or in any way associated with the installation, construction, use, maintenance, repair or replacement of the Encroachment, or from the operation, maintenance, use or presence of FGT's Pipeline Facilities upon or in the vicinity of the Easement Area except where such loss, cost, liability, or expense was proximately caused solely by the gross negligence of FGT or its employees. In addition, IRC agrees to indemnify, defend and hold harmless FGT and the FGT Entities from and against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees, arising from: (a) non-compliance with any laws, regulations and orders applicable to the ownership or the operation and maintenance of the Encroachment on the Owned Premises and the Easement Area described herein, and (b) any incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the Easement Area caused by, or arising out of, or resulting from, or in any way associated with the installation, construction, use, maintenance, repair or replacement of the Encroachment that would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order, restriction, claim, expense, damage, fine or penalty, (iv) adversely affect human health or the environment at or near the Easement Area, or (v) constitute a violation of the terms of this Encroachment Agreement. 4. IRC shall take reasonable steps to protect the Pipeline Facilities at all times during the performance of any work associated with the Encroachment including maintaining a minimum of three feet (3') of cover over the subsurface Pipeline Facilities at all times. -2- 182 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 5. Should FGT need to remove any of the Encroachment within the Easement Area in order to construct, maintain, operate, repair, remove, replace or resize the Pipeline Facilities, IRC shall pay the cost of removing and replacing or reinstalling the Encroachment. FGT, if possible, shall give Owner thirty (30) days advanced notice should any of the Encroachment need to be removed as a result of work done on the pipeline facilities. In addition, all repair and maintenance work performed by FGT on its existing or additional Pipeline Facilities located on the Easement Area, shall be performed in a reasonable workmanlike manner and FGT shall restore the surface and grade of Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to the Encroachment or any equipment and facilities that exist within the Easement Area, and in this regard, and to the extent allowed by law, IRC hereby releases FGT and the FGT Entities from any and all liability for any such loss or damage. 6. INTENTIONALLY OMITTED. 7. This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the Easement Area unencumbered by the construction, operation, maintenance or use of the Encroachment within the Easement Area. 8. It is expressly agreed to by and between FGT and IRC that if IRC is in violation of any terms or conditions set forth in this Encroachment Agreement, FGT, at its option, may terminate FGT's consent to the Encroachment upon ten (10) days' notice to the IRC; provided however, that any such termination shall not become effective if, within thirty (30) days from the receipt of such notice of termination, IRC cures such violation. IRC expressly agrees that if FGT terminates its consent to the Encroachment based upon IRC's failure to cure a violation of the Easement Agreement, the Encroachment Agreement, or both, IRC will continue to be bound by the terms of the Easement Agreement and the Encroachment Agreement, and IRC shall immediately remove any and all of the Encroachment which may be situated on the Easement Area, or if IRC fails to remove any and all of the Encroachment, FGT may, at its option, remove the ,%.., Encroachment at the expense of IRC and without any liability whatsoever. If such violation by IRC constitutes or results in an emergency or a dangerous condition, FGT shall only be required to provide whatever prior notice is reasonable under the circumstances before exercising its rights to remove the Encroachment or otherwise cure the violation. The failure of FGT to exercise the option to terminate as to any such violation shall not constitute a waiver of FGT's future right to exercise such option as to the same or any future violation. IRC agrees to pay FGT's costs, including attorneys' fees and costs, arising out of the enforcement of the terms of the Easement Agreement, the Encroachment Agreement, or both. The remedies outlined herein are not exclusive and FGT does not waive any legal or equitable remedies. 9. The provisions of the Easement Agreement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, shall remain in full force and effect and are not affected hereby except to the extent and in the manner specifically and particularly set forth herein. 10. IRC and FGT stipulate and agree that the statements and information contained in the introductory paragraphs and recitations of this Agreement are true and correct and are incorporated herein by this reference. 11. This instrument and the covenants and agreements herein contained shall extend to and be binding upon IRC and the heirs, executors, personal representatives, successors and assigns of IRC and upon FGT and the successors and assigns of FGT and the benefits of this Agreement shall run with the land. This Encroachment Agreement may be executed in counterparts, each of which when conformed shall be an original and all of which together shall constitute a single document. The undersigned hereby represent and warrant that the undersigned have full authority to execute, deliver and perform this Agreement in accordance with its terms ,-OW upon behalf of the named party to this Agreement, without the joinder or consent of any additional parties. -3- 183 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. WITNESSES: "FGT" FLORIDA GAS TRANSMISSION COMPANY, LLC Name: By ERIK BREITINGER AGENT AND ATTORNEY IN FACT Name: STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me on this day of , 2013, by ERIK BREITINGER, AGENT AND ATTORNEY IN FACT OF FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or Has produced (type of identification) as identification. Notary Public Name (Printed): My Commission Expires �... ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved: App owed: By 4- &2J 2j- Jo ph A. aird my Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form nd legal sufficiency 9"/Lo w.. William K. DeBraal Deputy County Attorney -4- 184 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 EXHIBIT "A" Attached to and made a part of that certain ENCROACHMENT AGREEMENT Dated , 2013 By and between FLORIDA GAS TRANSMISSION COMPANY, LLC And INDIAN RIVER COUNTY ENGINEERING AND CONSTRUCTION SPECIFICATIONS 1. No work can be done in FGT's easement property unless FGT has reviewed and approved the plans and an Agreement in writing has been entered into between the parties. 2. IRC shall provide a minimum of forty-eight (48) hours' notice to FGT prior to any installation, construction, excavation, or demolition work on the easement area. To ensure further safety, IRC must call appropriate ONE CALL for a locate at 1-800-432-4770. An FGT representative must be present when any work is done on the easement area. The onsite FGT representative will have the authority to shutdown work by the contractor if the contractor's activities are judged to be unsafe by the FGT representative. The FGT representative will be invited to participate in contractor's safety meetings. This provision applies each time FGT's pipeline facilities are crossed. 3. Existing ground elevation (a minimum of three feet [3'] of pipeline cover) is to be maintained over the subsurface pipeline facilities within the easement area. Three feet (3') of minimum cover will also be required over the pipeline facilities at all equipment crossings for standard FDOT maximum axle load vehicles (20,000 lbs.per axle; 80,000 tbs.maximum weight).. 4. For vehicles and/or construction equipment exceeding the standard FDOT wheel axle load limits and requesting approval to cross FGT's facilities, each crossing location will be reviewed on a case-by- case, site-specific basis and will require the surveyed elevation of the pipeline and/or facility verified by an FGT field representative to be performed by the party requesting the crossing encroachment and submitted to FGT. The execution of a wheel load calculation must be completed and approved by FGT prior to crossing FGT's facilities for every vehicle and/or construction equipment requesting to cross. FGT may require matting or other suitable material be installed to achieve the necessary support for such crossing. This too will be site specific and case-by-case only. 5. Where consent for roadway crossings has been granted, a minimum of forty-eight inches (48") of cover, including thirty-six (36") of undisturbed or compacted soil, shall be maintained within the easement area. All roads must cross the easement at a ninety degree(90') angle. 6. When crossing an FGT pipeline (via drill or open lay) Contractor must visually verify the elevation of pipeline both vertically and horizontally, by means of various methods such as SUE (subsurface utility excavation) etc., with an FGT field representative on-site at all times during this operation. When using direction drill method, a minimum vertical clearance of ten feet (10') from the pipeline is required. 7. Where the encroachment includes utilities, all such utilities crossing the easement area must have a minimum separation of twenty-four inches(24")between the utility and the FGT pipeline(s)at the point of crossing and must cross at a ninety degree (90') angle. No utilities shall be constructed between the surface of the easement area and the top of the subsurface pipeline facilities unless agreed to in writing by FGT. No parallel utilities, structures, and/or appurtenances are permitted within the easement area. All proposed aerial crossings will be reviewed on a case-by-case basis. 8. Where consent for utility lines has been granted, electric lines must be encased in pvc or steel throughout the entire easement area. All fiber optic,telephone and cable television crossing encasements to be determined by the on-site FGT field representative. Cables energized to 600 volts or more must cross a minimum of three feet (3') below the subsurface pipeline facilities, and also be encased in concrete, color coded red, across the entire right-of-way width, and have external, spiral wound, neutrals grounded on each side of the right-of-way. The cable crossing should be clearly and permanently marked on each side of the right-of-way where permissible. 9. Where consent for fencing has been granted, the IRC must install and maintain a vehicle access gate at least twelve feet (12') in width at each point in the fence line(s) crossing the Easement area. Posthole excavations for fencing placed on the easement area shall not be greater than eighteen inches (18") below the ground surface elevation. No fence posts shall be placed over the pipeline facilities or closer than six feet(6') on either side of the pipeline facilities. Any exceptions will be determined by an FGT field representative. Any such fence shall be constructed and maintained by IRC in such a manner r.,, that does not prevent FGT personnel from viewing the easement area from the ground level through the fence(s) (i.e. no solid fences allowed). No fencing parallel to the FGT pipeline facilities will be allowed -5- 185 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 within the easement area. FGT's access to its pipeline facilities shall be maintained by IRC. If the gate is locked with IBC's lock, IRC shall provide FGT with keys or allow a FGT lock to enable access. 10. No above or below ground utility appurtenances, junction boxes or retention ponds shall be allowed within the easement area. 11. No roto-mixing or vibrating machinery is allowed within the easement area. 12. When conducting pile driving operations, IRC shall adhere to a minimum separation of twenty- five feet(25')from the outside edge of the FGT pipeline. 13. Ditches shall be sloped or shoring will be used to allow entry into the excavation. Time will be allowed for a FGT representative to inspect and make coating repairs as the subsurface pipeline facilities are exposed. 14. Twelve inches (12") of backfill around the subsurface pipeline facilities shall be sand or clean fill; free of rocks and debris.Rock Shield will be installed around pipeline facilities. 15. With prior approval,no more than twenty feet(20') of pipe shall be exposed at any given time; if more than twenty feet (20') of pipe is to be exposed, all Standard Operating Procedures (SOP) must be adhered to, pressure reductions must be scheduled at least one (1) year in advance and engineering stress calculations must be performed by FGT Engineering and approved by FGT Operations prior to allowing any more than the twenty feet(20')of exposed pipe. 16. With prior approval and an FGT representative on site at all times, excavation equipment equipped with toothless buckets may be allowed to dig or excavate within three (3) feet of the pipeline facilities. All other construction/excavation equipment will not be allowed to perform any excavation within three feet(3')of the pipeline facilities. All mechanical excavation performed within three feet(3') of the pipeline will be performed parallel to the pipeline (i.e.track-hoe may not reach over the pipeline to dig on the opposite side of the pipeline). 17. All excavation within twenty-four (24") from the top or thirty-six inches (36") from the side or bottom of the pipeline shall be by manual means. After top exposure, excavation up to twenty four inches (24") from the side or bottom of the exposed pipeline may proceed by mechanical means if the FGT representative is satisfied it may be done safely with the equipment and operator.available. 18. Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed and maintained at all times. 19. All FGT pipeline facilities, cathodic protection equipment, and test lead wires shall be protected from darnage by construction activity at all times. 20. No installation, construction, excavation, or demolition work shall be performed within the easement area on weekends or holidays unless IRC agrees to reimburse FGT for its cost, including overtime costs, associated with inspection during those periods. 21. The Developer or Contractor shall provide and install temporary construction fence along the easement boundaries for the entire length of the proposed work area to preserve and protect the pipeline(s). The fence must be maintained for the duration of the development or construction activity. Access across FGT's easement will be granted at specific locations for vehicle and equipment traffic once a Wheel Load Calculation has been completed. Additional cover or matting may be required. Any changes to this requirement must be approved in writing by FGT prior to start of work. 22. Where consent for landscaping has been granted, IRC shall not plant any trees and shrubs on the easement area which are classified as "deep rooted" or are projected to exceed an eventual growth height of four (4) feet. Trees and shrubs shall be planted so that no part, at its ultimate growth, shall be closer than ten feet(10')to the pipeline facilities. 23. These Engineering and Construction Specifications may address activities on the easement area for which FGT has not granted consent to IRC to include as part of the encroachment. Notwithstanding anything to the contrary contained in these Engineering and Construction Specifications, FGT's consent is and shall be limited to the encroachment as described and limited by the Encroachment Agreement to which this Exhibit is attached. -6- 186 Project No.: 12-276 Tract No.: FLBQQ-INDI-001 EXHIBIT "B" Attached to and made a part of that certain ENCROACHMENT AGREEMENT °'"► Dated , 2013 By and between FLORIDA GAS TRANSMISSION COMPANY, LLC And INDIAN RIVER COUNTY DESCRIPTION OF THE OWNED PREMISES I.R.F.W.C.D. South Relief Canal Township 33 South, Range 38 East: The South 50 feet of the North 1/2 and the North 50 feet of the South 1/2 of Sections 15, 14 and 13; the East 50 feet of the South 1/2 of Section 13;_.said tracts being further described as recorded in Volume 48, Page 23 of the Official Records of St. Lucie County, Florida. Township 33 South, Range 39 East: The Nest 50 feet of the Southwest 1/4 of Section 18; the East 80 feet of Section 20; said tract being further described as recorded in VoIurne 48, Page 23 of the Official Records of St. Lucie County, Florida. The South 125 feet of Tracts 4, 3, 2 and 1 and the North 125 feet of Tracts 5, 6, 7 and 8 of Section 21, said tracts being further described as recorded in Volumes and Pages 41/252, 41/261, 19/495, 2/493, 41/302, 46/9, 46/12, 46/84, 19/457, 19/448, 19/493 and 19/492 of the-Official Records of St. Lucie County, Florida and Volume 29, Page 281 of the Official Records of Indian River County,Florida. The South 125 feet of Tracts 4, 3, 2 and 1 and the North 125 feet of Tracts 5, 6, 7"and 8 of Section 22, said tracts being further described as recorded in Volumes and`Pages 41/302, 2/493, 41/252, 19/456, 46/14, 41/312, 46/6 of the Official Records of St. Lucie County, Florida and Volume 2, Page 538 of the Official Records of Indian River County, Florida. A strip of land 250 feet wide also described as the South Relief Canal as situated in Tracts 1, 2, 3, 4, 5 and 6 of Section 23 and that part of the ,South Relief Canal situated in Tract 4 of Section 24 and bei.n- further described as recorded in Volume 41/252, �i/264 and 41/281 of the Official Fic,;ords of St. Lucie County, Florida. And, finally, a strip of land 250 feet wide also described as the South Relief Canal as situated in the South 1/2 of Section 13 being further described as recorded in Volumes and Pages 41/257, 19/455, 3/72, 4152; Less and Except U.S. Hwy. No. 1 being further described as recorded in Volume 13, Page 130 of the Official Records of St. Lucie County, Florida. -7- 187 00 00 a E L k f Z cW C I U Q I.R.F.W C D SOUTH RELIEF CANAL 15®G C J ;: =; STA. i " 8" 4T70 41ATERi 1 8"x6 TEE S; d t9 Z Z s ✓ 7 t _1t'9OP SED 15 YD �6,Z pPVC'�PAft3Z - uj C4 LU _ _ --- 47tFfi-Pa/G#�flATEft-k�J�g w- U0 F- ------_ --------------- — t 0� d Z U LL -EXISTING ASPHALT DRIVE U 0 0 0 0 CONSTRUCTION E.O.P. 0 Q s EXISTING OUER�gD�fLEC7RlC(TO REMAIN) D7 W N � �.. R F, 0 N ,,nn ------------ --- -- --------- ------------ w d Z Z v —v v--v—v—Lv—v —"—Wc_v v—r --- _ --v - ----- --,- m'6 W Z _ —F.O.P. 11 : )9- ti ote —r = td Z Z _ ~fiEi+00 X E, Q Q ----BQw------ -- -----_—v... _ ErISTING UALITY POLES N10 ' `< *�1j -� --5FA 16+92 10.1' RT. �- y a U r 0 Q EXISTING JO'IrGRE55 EG.4ESJGItr EMrITJ 1 / 1- 0Z 0 ------ – ------ '-- -- ----' / —1 =6'GATE VALVA------- W in Q Q 1+r t- F.H.ASSEMBLY r Q Zk 22 ` / k!96 IX/S77N 'WA7ER MAIN 0 Q 0 0 EXISTING GAS MAIN. EXIS77NG FENCE MEO L Nf"�' ED� Z i J CONTRACTOR SHALL FIELD PERIfY (TO REMAIN) r SEE NOTE No.I aPRIOR 70 CONSTRW770N- = NV NOTES: 1 m '^ 1. THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN U) DURING FIELD VERIFICATION WITH A FLORIDA GAS TRANSMISSION LL Q CDM_ REPRESENTATIVE ON DECEMBER 5,2012 AND SPOT ELEVATIONS PROVIDED BY DAVID M.TAYLOR,PSM(MASTELLER,MOLER, Smith REED A TAYLOR,INC.)ON JANUARY O2013. NE Q ,, �g 2 CONTRACTOR SHALL CALL APPROPRIATE ONE CALL FORA Z O fi LOCATE AT 1-800-432-4770 PRIOR TO BEGINNING ANY WORK. a-+Z 1701 HighwyA-I.A 3. A FLORIDA GAS TRANSMISSION REPRESENTATIVE MUST BE U �ba SuIe 701 PRESENT WHEN ANY WORK IS DONE ON THE EASEMENT AREA DATE. ++ d a$ Vero Beach,FL 32963 OR IN THE VICINITY OF THE GAS TRANSMISSION PIPELINE KEVIN N.VANN 0 U Tel:(772)2314301 FL COA No.ES-W020 I RE NO, 65715 CL I-_ Figure No.i Utility Conflict Resolution Oslo Customer Convenience Center Indian River County,Florida 00 € k f 3 O� IG- I.R.F.W.C.D. SOUTH RELIEF CANAL 6" PVC ,5®0 SILT FENCE MAIN � CHAIN �K FENCE � ( r Y11 @ LXIS77NG9'FCTC45IMAIM. CONTRACTOR SHAL RHO kRIFY - ?±_ PR/OR TO CONSIR AON. a CONSTRUCT] 1 e f i s" ehe fZ r" "Am _ r_ _ _- _�_ __t f? rld6 _ SSS EC_F,ff_SSS S£tf£———_ _ I I �g� t 14"X23' HERCP is PARCEL. OUNDARY y O O I NOTES: 1. THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN I 7" �D� DURING FIELD VERIFICATION DECEMBER ER A FLORIDA GAS TRANSMISSION �� REPRESENTATIVE ON DECEMBER 5,2012 AND SPOT ELEVATIONS r PROVIDED BY DAVID M.TAYLOR,PSM(MASTELLER.MOLER, m it REED&TAYLOR,INC.)ON JANUARY.3,2013. N —� € smith 2. CONTRACTOR SHALL CALL APPROPRIATE ONE CALL FOR A i _ LOCATE AT 1-800-432-4770 PRIOR TO BEGINNING ANY WORK GGA 1701 Highway A-1-A s9 Srdle 301 3. PR SENT WHEN ANY WOIDA GAS RK TRANSMISSION DONE ONTHE EASEMENT AREA DATE: �'9 Vero Beach,FL 32963 OR IN THE NCINfIY OF THE GAS TRANSMISSION PIPELINE. KEVIN N. VANN A'F?k Tel:(772)2314301 •• b°O �So FL COA Na.EB-000020 RE N0. 65715 Z 0 Flgure No.2 Utli ty Cor idt Resolution o Oslo Customer Convenlenoe Center (F-- Indian River County,Florida O O s t�EXIS77NC GRADE t / 1 ' PROPOSEDGRADE EL=2115 EXIS77Nc _ ACCESS ROAD i L_ 1 --- i 6" 45' BEND ROTATED DOWN EXI577NG B"FGT GAS MAIN S" PVC WATER MAINFIELD lER1f? PRIOR TO CONST o ' _.. — =PVC—WATER—MAIN —: -- _ 18 18 a NOTES: 1. THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN I I DURING FIELD VERIFICATION WITH A FLORDA GAS TRANSMISSION EL 17.0 ' REPRESENTATIVE ON DECEMBER 5,2012 AND SPOT ELEVATIONS} 8`X6" TEE PROVIDED BY DAVID M.TAYLOR,PSM(MASTSIER MOILER, 3 I REED&TAYLOR,INC.)ON JANUARY 3,2013. I ? ! Q=16.33 f 2. CONTRACTOR SHALL CALL APPROPRIATE ONE CALL FOR A '---16 16 LOCATE AT 1-800-432-4770 PRIOR TO BEGINNING ANY WORK.j 2.O' MIN.;VERTICAL 3. A FLORIDA GAS TRANSMISSION REPRESENTATIVE MUST BE SEPARATION PRESENT WHEN ANY WORK IS DONE ON THE EASEMENT AREA i EL=14.33 3 OR W THE VICINITY OF THE GAS TRANSMISSION PIPELINE p _.. 14., t ____ .. ... ___.:67 45 BEND ROTATEDUP _ 14 z [$ 6" PVC WATER MAIN 6" 90 BEND ROTATED UP I a Na CDM. € ,2 I ,2 1 -j 1• Smith J15 1701 HI9hwaYA-1-A SECTION a SUle301 SCALE: 1"=10' Hz. FIG—'I DATE: Vero Beach,FL 32%31"=2' VT. KEVIN N. VANN e TFeLlC(O772)231-.1%EO ANo. 20 P.E NO. 65715 Z Z Figure No.3 } Utility Conflict Resolution Oslo Customer Convenience Center Indian River County,Florida r r k _ ._....J.. :.....-...._ _.-._... ...... 26 26 PROPQSED GRADE PROPOSED ACCESS ROAD I / 24 EXISTING GRADE /24 ? i l --___ __-- _— — _—i 22 22 Z l �EL=22.4b o 8': PVC WATER MAIN 20 _ 20 8" 45' BEND ROTATED DOWN £X/SONG 8 FGT G45 MAIN € FI£LO hERIFY PRIOR;TO CONST E 18 r a�-rr.9s 18 l ; r EL=17.2g 2.0' MIN. VERTICAL SEPARATION 16 l � 16 EL=15.29 8" PVC WATER MAIN 14 8 45' BEND ROTATED UP 14 ° SECTION 2 Z � NOTES: SCALE: 1"=10'.HZ. �G— r 1. THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN --10' Z 21 �6 �� ■ _D� DURING FIELD VERIFICATION WITH A FLORIDA GAS TRANSMISSION r(:J \/ � REPRESENTATIVE ON DECEMBER:8,2012 AND SPOT ELEVATIONS N PROVIDED BY DAVID M.TAYLOR,PSM MASTELLER,MOLER, N m s Smith REED h TAYLOR INC.)ON JANUARY 3,2013. T—LL t5 2. CONTRACTOR SHALL CALL APPROPRIATE ONE CALL FOR A 1701 HlghwayA•1-A LOCATE AT 1-800-432-4770 PRIOR TO BEGINNING ANY WORK € SMIe301 DATE: Vero Beach,FL 32963 3. A FLORIDA GAS TRANSMISSION REPRESENTATIVE MUST BE d 8aTel:(772)231-0301 PRESENT WHEN ANY WORK IS DONE ON THE EASEMENT AREA KEVIN N.VANN Z A FLCOANo.EB-000020 OR IN THE VICINITY OF THE GIS TRANSMISSION PIPELINE RE N0. 65715 Z Figure No.4 �?0 Utility Conflict Resolution Oslo Customer Convenience Center �- Indian River County,Florida N r _._. 1 -...- — � 1 6 \- --- 26 i i ROPOSED GRADE' 24 \\ EZ-P35 EX/SANG;GRADE 24 8 — _ ¢ — ------- ------------------ 22 22 s PROPOSED ACCESS ROAD a i 20 20 ; a EXI.00 8"FGF GAS MAIN j RELD PERIFY PRIOR TO CONST EL=19.0 1 18 EL=18.33 18 2.0—MIN.VERTICAL SEPARATION—' EL=f6.33 I ! 18'CMP OUTFALL PIPE o a 14 t 1 14_ _- In z NOTES: SECTION 3 (p 6a 1. THIS FIGURE WAS PREPARED USING INFORMATION OBTAIN SCALE; 1'=10, HZ. �G— �y DURING FIELD VERIFICATION WITH A FLORIDA GAS TRANSMISSION 0 I CDM REPRESENTATIVE ON DECEMBER'S,2012 AND SPOT ELEVATIONS 1'=2'Vf -j N S PROVIDED BY DAVID M.TAYLOR;PSM MASfEULER,MOLER, N g Smith REED&TAYLOR,INC.)ON JANUARY 3`2013. LL 2. CONTRACTOR%4t CALL APPROPRIATE ONE CALL FOR A 1701 HlghwayA-1-A LOCATE AT 1-800-432-4770 PRIOR TO BEGINNING ANY WORK �da Vero Beach,FL 32963 3. A FLORIDA GAS TRANSMISSION REPRESENTATIVE MUST BE n PRESENT WHEN ANY WORK IS DONE ON THE EASEMENT AREA DATE. O .. f i Tel:p72)231�4301 z a :. FL COA No.EB-000020 OR IN THE'AaNffY OF THE GAS TRANSMISSION PIPELINE. KEVIN N. VANN Z P.E NO. 65715 N Rgure No.5 o cc UU14 Conflict Resolution Oslo Customer Convenience Center Indian River County,Florida BCC AGENDA February 19, 2013 ITEM 14.1)(1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 13, 2013 SUBJECT: Saving the Lagoon — Alternatives to Lawns FROM: Commissioner Bob Solari At the recent Harbor Branch Lagoon Symposium some participants asked about solutions available to help return the Lagoon to better health. One of the quickest and easiest solutions would be for individual homeowners, on their own, to get rid of their grass lawns and to replace them with Florida friendly landscaping. If a number of people for whom the Lagoon is a significant issue did this, it would set a good example for their neighbors presenting a ready Florida friendly solution. I would like to show a few pictures of my yard, which is transitioning to a grass free homestead and would ask everyone who is interested in working for a healthier Lagoon to join me in increasing the amount of Florida friendly landscaping in the County. The end result will be a win, win, win; less fertilizer needed, less water needed and a better habitat for wildlife. Thank you. 193 2/19/2013 ly. o 1. The Endo as For the Solari's Lawn Side Yard — January 2012 wv, n � t> r� l �13 . i 2/19/2013 Side Yard February 2013 16 WWI, 2'114/'201 Side Yard February 2013 I A � d � 4 v 193 �� 2/19/2013 a Pi kffi !I I 4 4 8 � P f 4 � w � � M Meadow October 2012 :k Y y -c 7 ' 0/ 07 Meadow October 20/12 IA3. � 2/19/2013 a 3 , 001 w: f r Meadow February 2013 j V VI "Ji.. Street Side February 2013 2/19/2013 Front Yard February 2013 ! pw Di��wr. ,•, ... g yb� u Front Yard February 2013 y� t 33,3 a IAS . S P Q � cOG INDIAN RIVER COUNTY- SOLID OUNTY SOLID WASTE DISPOSAL DISTRICT Imo; ice; OR BOARD MEMORANDUM Date: February 11, 2013 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, P.E., Director of Utility Serviced From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 341--m. Subject: Release of Retainage& Final Pay to Mancil's Tractor Service, Inc.for Customer Convenience Center Paving Improvements(Bid No. 2012047) BACKGROUND: On August 21, 2012, the Solid Waste Disposal District (SWDD) Board approved the award of Bid No. 20012047 to Mancil's Tractor Service, Inc. -(Mancil) in the amount of $141,892.50 to repave the Winter Beach, Roseland, and Gifford Customer Convenience Centers (CCC's). On January 8, 2013, the SWDD Board approved Change Order No. 1 in the amount of$12,500 for additional work at the Gifford CCC bringing the total project cost to 154,392.50. ANALYSIS: Mancil started the project on September 17, 2012 and substantially completed the paving of all three stations ahead of schedule on October 18, 2012. Due to unforeseen moisture issues at the Gifford CCC, the project was delayed until completion on February 7, 2013. Overall, Mancil did a great job in paving the three centers and we have received positive feedback from our customers. MBV Engineering, Inc. has provided a recommendation letter for final payment to Mancil and based on subsurface issues beyond the contractor's control are not recommending that SWDD impose liquidated damages for the project. Staff concurs and recommends the final payment including the release of retainage to Mancil's Tractor Service, Inc. in the amount of$26,689.25. ACCOUNT INFORMATION: The repaving project was undertaken in the past fiscal year as an emergency item and was approved for funding as a budget amendment by the Board on July 3, 2012 under the SWDD Recycling Convenience Center Repaving account. . :,DESCRIPTION.. ACCOUNT NO. AMOUNT SWDD Recycling—Convenience $ 41125534-044699-12010 26,689.25 Center Repaving RECOMMENDATION: 194 SWDD staff recommends its Board approve the following: 1. The final payment including the release of retainage,to Mancil's Tractor Service, Inc. in the amount of $26,689.25 for Customer Convenience Center Paving Improvements in accordance with Bid No. 2012047. ATTACHMENTS: 1) Final Payment Recommendation Letter from MBV 2) Exhibit 1— Mancil's Application for Payment APPROVED FOR AGENDA: Indian River Co. Approved Date By: A a Administration •zjj�, Joseph A. Baird, County Administrator Budget Legal Date SWDD SWDD 195 mmav ENGINEERING, INC. 1`7 'DWLES VILLA1117�A&ASSOCIATES w*m.mbveng.corn C.:.A#3728 February S. 2013 Mr. Himanshu Mchta, P.E., Managing Director Tin Email Indian Rivcr County— Solid Waste Disposal District 1325 7411i Avenue SW Vero Beach, FL 32968 Subject: Bid #: 2012047 IRC Solid Waste Disposal Department (SWDD) Customer Convenience Center Pavement Improvements Vero Beach, Florida Engineer's Project Number: 12-156 Dear Mr. Mehta: Pursuant to our review and inspection of the final asphalt installation at the Gifford Customer Convenience Center, we are recommending that final payment (including Change Order #1) be released to Mancil's Tractor Services, Inc. for the above referenced project. Please note that the Gifford CCC site experienced several issues with groundwater and rain during the final completion phase of this project and caused the construction completion date to be postponed. Though completion was not able to meet the original date stated in the contract, the aforementioned issues were beyond the contractor's control. Therefore, we do not feel that liquiclated damages are warranted for this project. We have attached the Contractor's pay request to this letter as Exhibit 1. Should you have any questions regarding the above subject, please do not hesitate to contact our office. Sincerely, Aaron J. Bowles, P.E. FL PE# 55313 A,1B/jet 1835 20th Street 1600 Vd.Eau Gallie Blvd.,Suite 203 806 Delaware Avenue Vero Beach,FL 32960 Melbourne,FL 32935 Ft,Pierce,FL 3{950 �+ 772.569.0035 321.253.1510 772.468.9055 V Fav 77)77A W 17 �_...-" Ir-,— 1 _ _--_--_ _ _ ti APPLICATION AND CERTIFICATION FOR PAYMENT AUDOCUA=G702 PAGE ONE OF TWO PAGES TO OWNER:GO PROJECT:INDIAN RTVER COUNTY SWDD APPLICATION NO: 3 Distribution to: INDIAN RIVER COUNTY CUSTOMER CONVENIENCE CENTER .at OWNER 1801 27THSTREET APP.DATE: 2/82013 ®ARCHITECT VERO BEACH,FL 32960 PERIOD TO: FINAL&RETAINAGE 0 CONTRACTOR FROM CONTRACTOR: VIA ARCHITECT: PO N0: 2012047 Mancil's Tractor Service,Inc. EJ 4551 SE Hampton Court CONTRACT DATE: 8/312012 Stuart,Florida 34997 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned CDntmcto.r certifies that to the best of the Contractors L-nowlcdgc, Application is mads for,payment,as shown blow,in connection with the Contract. informatiommnd bcliefthe Woticcovered.by this-Application for Payment.has been Continuation Sheet;AIA Document G703,is attached. completed in accordance with the Contract-Documents,that all amounts have been paid by the Contractor for Work:for tvhich:previous Certificates.for Payment were issued and payments received from the Owncr,and that current payment shown herein is now due. L ORIGINAL CONTRACT SUM $ 141,892.50 2 NET CHANGE BY CHANGE ORDERS $ 12;500.00 CONTRACTOR Mancil's T or Scrvicc;Inc. 3. CONTRACT SUM-TO DATE(Line 14:2) $ 154,392.50 % 4. TOTAL COMPLETED d:STORED TO $ 154392.50 / DATE (Column G on G703) By ! —(�( M Smith Date:Fcbnmry 8.2013 5. RETAINAGE: Who is persjdswojn- lly kao to me. a 10 %of Completed Work $ 0.00 State off Pio 7 County of Martin re`°.' -'Let% WANDA SUE SMART (Column p+E on G703) Subscribed to before m is dayof Febnrmy,2013. 14YCOMh{fSSION:S DD 9676TT 6. 10 %of StoredMatcrinl $ Notary Public (� �r r'n_ * * EXPIRES:April 25 2014 (ColumnFonG703) ty2ecp My'Commissionexpirs: 4/25/2014 I��rFOFFto'` Banded Thal BudgetNalaryServices Total Rctainage(Lines 5a+5b or Total in Column IofG703) $ 0.00 -A..^_ T-E=-T3S"CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ 154.392.50 In accordance with the Contraet,Documents;:based on on-site observations and the data (Line 4 Less Line 5 Total) comprising the application;.the Architect certifies:to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES FOR z°aefiiteel' latowledgei information and belief the Work has progressed as indicated, PAYMENT(Linc 6 from prior Certificate) $ 127,703.25 the quality of the Work is in accordance with the Contract Documents,and the Contractor S. CURRENT PAYMENT DUE $ 26.68925 is entitled to payment of the AMOUNT CERTIFIED. 11 9. BALANCE TO FINISH,INCLUDING RETAINAGE $ 0.00 (Line 3 less Line 6) JJr s AMOUNT CERTIFIED...........$ CHANGE ORDER SUMMARY ADDITIONS Dl DUCIYON5 (Atiadr explanation ifamormt—017ed differsfrom the amount applied Initial all fegtres on chis Total changes approved Applicationo in previous months b Owner ontlre Continuation Sheet that are changed to conform with the amount certified,) $12,500.00 $0.00 - s Total approved this Month $0.00 50.00 By. 1 Date: TOTALS $12,500.00 50.00 This Certificate is not negotiable-- The AMOU TIFLED is payable only t'o the nce, ` Contractor named herein.issuapayment and acceptance or payment are without NET CHANGES by Change Order. $12,500.00 prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT C702-APPLICATION AND CERTIFICATION FOR PAYMENT-1992 EDITION-AU-01092 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE_N.W-WASHINGTON.OC 20006.5292 00 CONTINUATION SHEET AIA DOCUMENT G703 PAGr nVo oFTWO PAGES AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMDTT containing APPLICATION NO: 3 Contractor's siped certification is attached. APPLICATION DATE: 2/8/2013 PERIOD TO:FINAL&RETAINAGE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT DEPARTMENT ARCHITECT'S PROJECT NO: 2012047 CUSTOMER CONVENIENCE CENTER PAVEMENT IMPROVEMENTS A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G+C) TO FINISH 10% APPLICATION STORED AND STORED (C-G) (D+E) (NOT IN TO DATE D OR L- D+E+F 1 SITE WORK COMPLETE IN PLACE-ROSELAND CENTER $34,214.50 $34,214.50 $0.00 $0.00 $34,214.50 100.00% $0.00 $0.00 2 SITE WORK COMPLETE IN PLACE-WINTER BEACH $49,487.00 $49.487.00 $0.00 CENTER $0.00 $49,487.00 100.00% $0.00 $0.00 3 SITE WORK COMPLETE IN PLACE-GIFFORD CENTER $58,191.00 $58,191.00 $0.00 $0.00 $58,191.00 100.00% $0.00 $0.00 CHANGE ORDER#1 iREMOVEASPHALT FOR REPAIR AREAS,REMOVE& DISPOSE OF EXISTING BASEROCK AND SUBGRADE 4 MATERIAL(10"DEPTH),INSTALL COMPACT $12,500.00 $0.00 $12,500.00 $0.00 $12,500.00 100.00% ) $0.00 $0.00 ADDITIONAL BASEROCK MATERIAL(PROVIDED BY OWNER TOTALS $154,392.50 $141,892.50 i $12,500.00 $0.00 $154,392.50 1 $0.00 j $0.00 INDIAN RIVER COUNTYivrnco SOLID WASTE DISPOSAL DISTRICT VR * �Lox1oA BOARD MEMORANDUM � Date: February 11, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Service _Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to MBV Engineering, Inc. for Work Order No. 3 for Customer Convenience Center Paving Improvements BACKGROUND: On March 13, 2012, the Solid Waste Disposal District (SWDD) Board approved Work Order No.' 3 to MBV Engineering, Inc. for engineering, procurement, and construction services to repave Winter Beach, Gifford, and Roseland Customer Convenience Centers for a not-to-exceed budget of$36,450. On August 21, 2012,the SWDD Board approved the award of Bid No. 20012047 to Mancil's Tractor Service, Inc. (Mancil) in the amount of $141,892.50 with a subsequent approval of Change Order No. 1 in the amount of$12,500 on January 8, 2013. The project was satisfactorily completed on February 7, 2013. ANALYSIS: MBV has satisfactorily completed all of the assignments described in the scope of work for a total invoiced amount, including the final invoice of $2,631. After final payment, the total amount paid to MBV will be$36,450. ACCOUNT INFORMATION: Funding for this project is budgeted and available in the Convenience Center Repaving account number 41125534-044699-12010 which is funded from SWDD assessment and user fees. RECOMMENDATION: Staff recommends that the SWDD Board approve for payment MBV's final invoice in the amount of$2,631. ATTACHMENT: 1) Final Invoice for Work Order No. 3 Indian River Co. Approved Date APPROVED FOR AGENDA: Administration �2Ji f Budget By' Legal L.�Y, t3 �— Jose A. Baird, County Administrator SWDD Il l3 r:�.e 'S �` / / /J� SWDD Date 1 A A C%A/n M n,.... -J- c:--1 n-...a,. nnoii F.,.-1nin n1,. � 1-.-�r,------'----- --- -- 1 V V ®® Invoice Date Feb 11, 2013 MMBV -NGINEERING, INC_ Invoice Num 13-0124 ,,,.DIA BOWLESVILLAMIZAR&ASSOCIATES 1835 20th Street■Vero Beach,FL 32960 Billing To Feb 11-2013 Phone:772.569.0035■Fax:772.778.3617 Page I of I To: Mr. Himanshu Mehta IRC Solid Waste Disposal District 1325 74th Avenue SW Vero Beach FL 32968 INVOICE For professional.services rendered on the above referenced project for the period ending October 26, 2012 Charges or payments made after closing date are not reflected in this invoice. Please include invoice number with all payments.A service charge of 1.5% per month will be billed for late payments. All major Credit Cards accepted.Processing fees may apply. Project ID Project Name Contract Amount %Complete Previously Billed Amount Due 12-156 IRC SWDD CCCS $36,450.00 100.00 $33,819.00 $2,631.00 Current Period Charges: $2,631.00 Total Amount Due Including This Invoice: $2,631.00 -------------.........--- --__.-._. - - -- -.._.__.. -- - ;..._._..._. . ......_ ...__.._. - _.........__....... _.._.... . .. ................-- Account Summary Services BTD Expenses BTD I Billed To Date Paid To Date I Late Fees Owed Balance Due 4 $36,450.00 i $0.00 , $36,450.00 $331819.00 , $0.00 ( $2,631.00 If you have reason to believe this billing is incorrect please notify us via e-mail; billing@mbveng.com 200