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HomeMy WebLinkAbout03/19/2013AP FF PROCLAMATION HONORING JOSEPH MATTHEW CASH FOR ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Eagle Scout is the highest rank of recognition in Scouting and a young man must exemplify the highest ideals of the Boy Scout movement to qualify for this rank; and WHEREAS, to earn the rank of Eagle Scout, a Boy Scout must advance through five ranks, Tenderfoot, Second Class, First Class, Star, Life and Eagle. A scout must earn 21 merit badges; in addition to many other requirements Joseph has not only earned the required 21 badges, but continues to work towards advancing that achievement by continuing to earn more. Joseph is currently at 26 merit badges, of which he is eligible every three months to advance his Eagle rank by receiving Eagle Palms; and WHEREAS, Joseph was a Cub Scout in pack 503 and earned the Arrow of Light, the highest recognition available at the level; and WHEREAS, Joseph is a valued member of Boy Scout Troop 558, and a former member of Troop 503 and is a dedicated young man who has earned the respect and admiration of his fellow scouts through his active participation in the many programs sponsored by the boy Scouts of America; and WHEREAS, Joseph has truly exhibited a commitment to the scouting principles while participating in such other community activities as volunteering for many veterans' organizations, Joseph served as President and Secretary of his 4H Shooting Sports Club, and is an active member of his church where he helps to lead the annual vacation bible school; and WHEREAS, Joseph's Eagle Scout community service project; the makeover and enhancement of the playground at the Vero Beach Alliance Church improves the quality of life for many children in Indian River County; and WHEREAS, the citizens of Indian River County have benefited by Joseph's commitment to scouting and applaud him for his attainment of the rank of Eagle Scout. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the accomplishments of Joseph Matthew Cash, and honors him for his achievement. Adopted this 19th day of March, 2013 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA ` j J eph . Flescher, Chairman y S. Davis, Vice, Chairman Q eter D. O'Bryan L4A 1�LQRy+ j'Y Bob Solari T,r� 1• 9his is to ceitif y that 1 �T 1 i ' Joseph / I / is here6y presented this &tirement Award for outstanding perfomance and 1 � 1 i i 1 I/ 1� •:f \ i 1y \0 faithfuf \ j 1 11 / / I CountyCo I , 1 twenty-fouryearsIservice � r on this 4th i i day of January o Johnj f 1 e a a 11 « ' ; r i gency Semi= /1/ / 1 CountyCommustoner, r r I i _ OWS- f� ODOCLAMATION HONORING JOSEPH ERIKSEN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Joseph Eriksen retired from Indian River County Fire Rescue effective January A, 2013; and WHEREAS, Joseph Eriksen was employed with _Indian River County since February 1, 1989. On September 23, 1992, he received a promotion to the rank of Lieutenant Paramedic with Indian River County Emergency Medical Services He completed his career in Fire Rescue as p a Paramedic; and WHEREAS, Joseph Eriksen served this County and the Public with distinction and sefflessness. During his years of service, his dedication and performance were greatly appreciated by the community, the department and his co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY a COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Joseph Eriksen's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the past twenty- four years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend t heartfelt wishes for success in his future endeavors! Adopted this 10 day of March 2013. BOARD OF COUNTY COMMISSIONERS I7VDL4N RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman PROCLAMATION SC RECOGNIZING MARCH 24-30, 2013, �-- AS HUMANE SOCIETY OF VERO BEACH & INDIAN RIVER COUNTY WEEK WHEREAS, 2013 marks the 60th anniversary of the founding of the Humane Society of Vero Beach and Indian River County; and WHEREAS, since its founding in 1953 as the Animal Protective Society of Vero Beach, the Humane Society of Vero Beach and Indian River County has steadfastly adhered to its mission of protecting every animal in Indian River County; and WHEREAS, the Humane Society of Vero Beach and Indian River County has, for 60 years, been the only shelter in the county that never refuses admission or protection to any animal, regardless of species or condition; and WHEREAS, the Humane Society of Vero Beach and Indian River County has consistently promoted the ideal of finding forever homes for all the county's companion animals and advocated the spaying and neutering of all pets; and WHEREAS, the Humane Society of Vero Beach and Indian River County through its lost and found services, reunites thousands of animals each year with their owners; and WHEREAS, the Humane Society of Vero Beach and Indian River County has worked tirelessly in an effort to keep animals in the homes of the families that love them rather than have them surrendered for medical or economic reasons through its low cost Animal Wellness Clinic and the Pet Food Bank. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board recognizes March 24 through March 30, 2013 as Humane Society of Vero Beach and Indian River County Week. Adopted this 19th day of March, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Ie �V ,J� ph . Flescher, Chairman Wesley S. Da (s, Vf6e Chairman * Bob Solari �loR�A o Peter D. O'Bryan Tim PROCLAMATION RECOGNIZING MARCH 24-30, 20139 ``- AS HUMANE SOCIETY OF VERO BEACH & INDIAN RIVER COUNTY WEEK WHEREAS, 2013 marks the 60th anniversary of the founding of the Humane Society of Vero Beach and Indian River County; and WHEREAS, since its founding in 1953 as the Animal Protective Society of Vero Beach, the Humane Society of Vero Beach and Indian River County has steadfastly adhered to its mission of protecting every animal in Indian River County; and WHEREAS, the Humane Society of Vero Beach and Indian River County has, for 60 years, been the only shelter in the county that never refuses admission or protection to any animal, regardless of species or condition; and WHEREAS, the Humane Society of Vero Beach and Indian River County has consistently promoted the ideal of finding forever homes for all the county's companion animals and advocated the spaying and neutering of all pets; and WHEREAS, the Humane Society of Vero Beach and Indian River County through its lost and found services, reunites thousands of animals each year with their owners; and WHEREAS, the Humane Society of Vero Beach and Indian River County has worked tirelessly in an effort to keep animals in the homes of the families that love them rather than have them surrendered for medical or economic reasons through its low cost Animal Wellness Clinic and the Pet Food Bank. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board recognizes March 24 through March 30, 2013 as Humane Society of Vero Beach and Indian River County Week. Adopted this 19th day of March, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman RwR 4 Wesley S. Davis, Vice Chairman * * Bob Solari Peter D. O'Bryan Tim Zorc PROCLAMATION DESIGNATING MARCH 17 — 23, 2013 AS SURVEYORS WEEK WHEREAS, surveyors and mappers are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership; and WHEREAS, George Washington, Thomas Jefferson and other former Presidents of the United States, served their fellow colonists as surveyors; and WHEREAS, the citizens of Florida recognize the valuable contributions of the surveying and mapping profession to history, development, and quality of life in Florida and the United States of America and make important decisions based on the knowledge and expertise of licensed surveyors and mappers; and WHEREAS, the surveying and mapping profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence; and WHEREAS, surveyors and mappers are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and WHEREAS, the continual advancements in instrumentation have required the surveyor and mapper not only to be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of the future; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, do hereby proclaim the week of March 17-23, 2013, as FLORIDA SURVEYORS & MAPPERS WEEK and recognize the many contributions and the ongoing dedication of surveyors and mappers to the citizens of Indian River County, Florida and the United States. Adopted this 19th day of March, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA �v '� eph . Flescher, Chairman Qa , rll° ey S. Davis, Vie airman Peter D. O Bryan Bob Solari Ti PROCLAMATION 15E Indian River County Celebrating Children's Week WHEREAS, the 18th Annual Children's Week celebrating Parents and Children will take place in Tallahassee from April 7, 2013 to April 12, 2013, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City; and WHEREAS, the purpose of Children's Week is to create.a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward; WHEREAS, in celebration of Children's Week, hundreds of local municipalities will be hosting public events and activities for parents and children in their community; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that April 7-April 12, 2013 is recognized and hereby declared as "Children's Week" in Indian River County. Adopted this 19`h day of March 2013 BOARD OF COUNTYCOMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA ` 'fa ep . Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan \ .. 7777 Bob Solari} Ti rr r PROCLAMATION RECOGNIZING THE MONTH OF MARCH, 2013 AS ST. BALDRICK'S FOUNDATION CHILDHOOD CANCER AWARENESS MONTH WHEREAS, worldwide, more than 175,000 children are diagnosed with cancer each year and one in five children will lose their battle with cancer; and WHEREAS, childhood cancer is the number one cause of death by disease of children in the United States; and WHEREAS, the St. Baldrick's Foundation is the largest volunteer-driven charity committed to funding the most promising research to find cures for childhood cancers and give survivors long and healthy lives; and WHEREAS, the St. Baldrick's Foundation currently funds more in childhood cancer research grants than any organization except the United States government; and WHEREAS, every grant funded by the St. Baldrick's Foundation is for childhood cancer research; and WHEREAS, enlisting the recognition and support of elected officials in Indian River County, along with the residents will help to raise awareness and move us closer to finding a cure and better treatment options for kids battling this disease; and WHEREAS, the local chapter of the St. Baldrick's foundation recruited volunteers to raise funds for research and treatment to battle juvenile cancers. With over 150 volunteer shavees, dozens of support volunteers and the benevolence of many citizens of Indian River County, over $100,000 dollars was raised to battle juvenile cancers; and WHEREAS,we will continue to support such events until a cure for childhood cancer is found; and aw WHEREAS,this first annual St. Baldrick's Foundation event was dedicated to the life of Quinton Martin. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby proclaim the month of March of 2013 and March of all subsequent years, to be officially deemed ST. BALDRICK'S FOUNDATION CHILDHOOD CANCER AWARENESS MONTH Adopted this 19th day of March, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA J e h E. Fles cher, Chairman Q � W yS. Davis, Vice hairman 1Z * ' * Peter D. O'Bryan Bob ri Ti rc J ' C-4• " An Overview of the ,_ 4iti A Indian iv r iegO�n ` And th wr 31 31 �a= N The Indian River Lagoon: Stretches 156 miles, from Ponce New Smyrna Beach de Leon Inlet at New Smyrna s x�r Beach in the north,to Jupiter Inlet near West Palm Beach in E the south. Is one of the most biologically diverse estuaries in the United States, supporting over 4,000 species of plants and animals. . Includes 3 water bodies. NO Brings an annual economic .w benefit in excess of$3.7 billion weatPalmBeach to the 5 counties it borders. .. Recreation Expenditures: $1.3 billion/yr Real Estate Value: $934 million/yr. Jobs: 15,000 full and part-time jobs/yr 7-A- 1 History of the Indian River Lagoon Program: The Indian River Lagoon (IRL) is one of 28 "Estuaries of National i ' z Significance" and joined the Nationale " Estuary Program (NEP) in 1991. The U.S. Environmental Protection Agency oversees and funds the 28 ; N EPs. a The NEP is non-regulatory and assists in protecting significant estuaries .�'.. threatened by pollution, development, or overexploitation. r , The IRLNEP works to coordinate efforts among federal, state, local governments, Non-governmental ,. organizations, and the public to protect and restore the Indian River Lagoon. YES We Have A Plan ! Lagoon Management Plans i� � �� w rangy„r. Ilt�e�'�II ilil�i� ei�iiirww 6prfaq YYsf�r I� �+ +�a,....,� 6 Manap�C�IY�HM, •j , 4'ol�Couniy •. �°y � ��i � '•••I FYCiY'�CIA 9'••J 7• A• 2 Seagrasses Define Lagoon Ecology: The lagoon is described as a seagrass- based ecosystem because seagrass Seagrass Assessment provides the most food and habitat 1986-1989 �o for the lagoon's aquatic animals. Seagrass health is used as the primary indicator of the overall health of the lagoon because seagrass growth requires both high water quality and kwwum8 clarity. E%CE14E�T Most of the lagoon is less than 6 feet Vero Beach deep—an ideal environment for sea grasses; but by the 1980s, less than half the lagoon had adequate levels of seagrass coverage. Decline of Seagrasses in the Lagoon: What explains this historic decline?Land use changes. From the 1920s onward, s° Mi wetlands were drained to 19205 1940s 1970s 19905 support agriculture and development. In lagoon counties, canal systems converted wetlands by diverting water to the lagoon. During the 1980s, 4S waste ` t water treatment plants discharged over 39 m d to g g lagoon. Development Agriculture ® Natural As impervious surfaces 0 Water increased, progressively other more stormwater ran off into the lagoon. 1 • A• 3 Canals Altered Natural Watersheds: East Central Florida's canal system drained wetlands and altered natural watersheds. Locally, this increased the amounts of fresh water, sediments, and pollutants discharged to the lagoon in stormwater runoff. � 7 Historical � ii-"` Following GI Ganal watersheds construction _APre-1920s iM } i Melbourne-Tillman Water Control t District ❑St.Johns River Basin The lagoon's historical watershed was about 572,000 acres. After the water Indian River Lagoon Basin control district's canal systems were li completed,watershed size Increased to 1.4 million acres—a 146%Increase! Stormwater Effects on the Lagoon: Today,stormwater is the largest source of pollution in the lagoon. Ift7cp ` Stormwater harms sea grass anditlyi'�1 shellfish beds by: Clouding water with eroded soils and other suspended solids, Introducing excessive nutrients from fertilizers, pet wastes and other sources that cause algae blooms. Polluting the lagoon with sediments, chemicals, oils and fuels. 4. 7' A ' 4 Impacts of Poor Water Quality: Seagrass beds decline Shellfish r harvests decline �w Fish kills increase Harmful algae blooms increase Many commercial and recreational fish species become less plentiful 4 How We Address These Issues: The IRLNEP supports District monitoring in water quality,seagrass coverage,and overall health of the � lagoon. Cost-Sharing infrastructure retrofits&BMPs r such as stormwater treatment structures and facilities. r a �- Partnering on habitat rehabilitation projects involving thousands of community volunteers - each year. 1xto " Supporting the implementation of the Basin Management Action Plan(BMAP)and Total E Maximum Daily Loads(TMDLs)of freshwater and pollutants allowed into the lagoon under federal and state FDEP permits. r� Promoting public outreach and education . . to raise awareness of issues affecting the health of the lagoon. " '7 ' P► 5 3/22/2013 TMDL Required Reductions- FDEP Nutrients Total Nitrogen Total Phosphorus 22% 44% Banana River Lagoon 40% 62% 51% 47% Centrai;IRL Lagoon TMDL adopted by FDEP 2009 15 Year Basin Management Action Plan(BMAP)Implementation Period Divided into three 5 Year Assessment Periods What does this add up to? The IRLNEP, in cooperation with our network of partners, has i 1 implemented over$80 million in projects to improve water quality in the lagoon including: 70 construction projects .ii 25 planning projects 20 environmental education projectsA �x Since 1999,the IRL NEP has also . funded a grants writer to aide local governments in securing grants for lagoon restoration efforts.This program has brought an additional $200 million in capital improvements and preservation dollars. '7 • A- 6 Indian River Lagoon Spending in 2011-2012 --'' Environmental Wetlands,Shorelines Resource Monitoring Education,Involvement and Habitat Restoration �r ga and Outreach,$186,205 and Management, and Investigations, TMDLs,Mapping, $997,709 $1,046,885 319(h)TMDL,Grant Awards,$9,239,485 C-1 Rediversion Project &Fellsmere Water Management Area, $27,328,674 Stormwater Management, $426,349 Infrastructure Improvements: Baffleboxes: Baffleboxes are structures containing a series of sediment 31 settling chambers separated by partitions that slow the flow of water through the box so that trash,sediments,and any suspended particles can settle out to the bottom of the box. `, While stormwater treated in a '' bafflebox is significantly cleaner than untreated _ stormwater, baffleboxes were not designed for removing + ►, WKarllow M R B F[sn1 most nutrients that run off In in111an Rtvar �- •e+*+• dw p±d utas.: stormwater. Forthis, stormwater retention and detention methods are used. '7 , q_7 Infrastructure Improvements: Stormwater Parks: Stormwater parks like this 166 acre park in Sebastian use a treatment train approach to treating stormwater. Untreated stormwater enters B BMW and gradually moves between ponds,detaining water for about 3 weeks J as sediments settle out,and plants take up nutrients. Water that exits is significantly cleaner. wa Stormwater °^ - enters , M,a `* .eau," •• �.z 'T ��,�°,, Z Treated & " water s i� exits �r> EGRET MARSH STORMWATER TREATMENT FACILITY � I II � • A• s ,. t a c,xbn .soaa,waecr.. SJRWMD Upper Basin ' � .iotl.. .. County onnn<#,y tipper ;t w ray Project: St.Johns ]rover Blisin, r � ° Pry:jec mss« "S e The Upper St.Johns River „s ar Basin Project benefits the Jt � Indian River Lagoon by restoring the historic .ea flood plain �. 1W3 This greatly reduces the frequency and duration 9 Y �SW M�s F a��xilLlP aak�: ewe of discharges out of the C-54 Canal to the lagoon. .i HI..Mftns eEeitsVAN 341 Elul GYMLN `...Manape t 'G� 1 � Re`ervoir � r iii men f�"nF BWrd 01w�shy°faai tya, Mmyanwt,t a l:�tlM1ArVa@Oi! LY��YY I.ras ir�'JtAv s. .t� �y �Gtlnim�ebon W5 y7 i r v f L1,3r; ui.a4 ssartln MLo-x Infrastructure Improvements: (A Redkenion Noj"f FUU ImpkwatAon r.. .-..� ....X11 �� f}444 it opxaaun 1 ti ,7. A- 9 Infrastructure Improvements: when fully implemented,43%of drainage will return to the St.Johns River Marsh. .sr More importantly,this water will not be released into the IRL. i' Since 1920s ? Restored 43% i I FISt.Johns River Basin Indian River Lagoon Basin Infrastructure Improvements: Muck Removal: U K1N1Nn,n\RIVeRLAG K)N Muck is a mixture of silt,clay, "� crcvrRAu s- decayed organic materials,sand . I..gam6G an } —;' and shell found at creek mouths j` and in deeper portions of the lagoon. Muck is a problem in the lagoon . because it is easily resuspended to reduce water quality and clarity. As the organic materials in muck decay,they consume oxygen,so fish and many species of invertebrates can be affected. 40 I A- 10 Infrastructure Improvements: St. Sebastian River Dredging project: One of the District's largest projects,the St.Sebastian River dredging project removed 2 million cubic yards of muck over 3 years at a cost of $12 million,or about$6 per cubic yard of muck. u � i lrt Infrastructure Improvements: Eau Gallie River Dredging Project: Phase 1 Feasibility Study &Cost/Benefit Analysis District$100,000 Melbourne$50,000 FIND$150,000 01, �e i Mlbou"City%%F ��- • • erne Wetland Reconnection: More than 31,000 acres of formerly isolated wetlands impounded for mosquito control have been ^� ..ti reconnected. 4 i Early impoundment design cut off mangrove marshes from the lagoon and decreased habitat available to juvenile fishes and . -�;, invertebrates. It also eliminated or altered vegetation in impounded areas. Our long-term goal is to reconnect all impoundments to the lagoon through water control structures which flood impoundments during mosquito breeding season, but keep them open to the lagoon at other times so natural flow patterns are maintained. Habitat Restoration and Protection: Oyster restoration in Mosquito Lagoon: A public participation program that has restored over 50 dead or damaged reefs in southern Mosquito Lagoon t, K INV ' II ry AL `=M,"T MR � r A ~1 ` x- 12 Habitat Restoration and Protection: Bird Island Protection in Martin County IN uti ° i' Habitat Restoration and Protection: St. Lucie County SL-3 Spoil Island Exotics Removal & Hydrologic Restoration of an isolated wetland: { s �'"": � � �lg711�?'�� Fkrida Cbparlmant at Eerrkanmrr�tol Weuoolion '� � A- 13 Public Outreach and Education: re. Gjm �e a .z wd Y Public Outreach and Education: Education Partners Mat-tin County School Board: Camp WE T M Brevard Zoo Lagoon Quest: A lagoon education program for fourth graders in Brevard County. Marine Discovery Center. •' Adopt and Estuary Program Smithsonian Marine Station: Marine Ecosystems Exhibit IRL Species Inventory Project � Illi asp � a `? — A- 14 Indian River Lagoon License Plate: Florida drivers may purchase a lagoon specialty license plate for an additional$15. Every purchase directly funds projects that restore and protect * the lagoon. � Tag receipts are matched by other' M funding to at least double the value of every purchase. Q, W ON By statute,all money collected in a i� lagoon county must be used within that county. tiiluk � N , 11 g� No salaries or research projects may be paid for with tag money— x' 80%goes toward restoration,and up to 20%can be used for lagoon- focused outreach and education Tag purchases have funded more efforts. than$6 million in lagoon restoration projects so far! Has Water Quality in the Lagoon Improved? Key Indicator: Seagrass Coverage * 1986—1989 1991-1996 1998-2003 was Coverage 39,300 Coverage 44,000 Coverage 46,000 T,tusu4Ne cocoa Melbourne Exct.�ewt PAR Vero Beach — s�„rr+i wvaAry 2009-2010=Coverage 70,104 acres 85%of total seagrass target Target=83,410 acres '7 - A- 15 2011 Superbloom: The IRL Superbloom likely began in March 2011 in Banana River Lagoon. Ar - It spread to Northern IRL ' _. and Mosquito Lagoon. • It was unprecedented in 11 PRO magnitude and duration lasting almost 8 months • During the peak of the bloom, cell counts reached over 2 billion cells per liter. P, ,�Dta� #i u� a �r��d� '` cqurtesy pf, esa 2011 Algae Blooms: Bad Year for Seagrasses 'Superbloom'region: umbuivscognm Southern Mosquito Banana and N. IRL and , Lagoon southern T wt usv�l! � s Mosquito Lagoon Northern Indian River Surpassed all previous Lagoon Banana blooms in terms ofcocoa "t River intensity and duration. agoon Chlorophyll a concentrations were greater than 100 ug/L for Eau GaUhe M9�boume � almost 8 months in duration. Central Dominant species in the Indian River bloom were 2 pico- Lagoon planktonic groups: 2011 Superbloom area cyanobacteria and green Vero Beach micro-flagellates. 2011—c—dwy bloom area '7- iA- 16 2011 Algae Blooms: Bad Year for Seagrasses Secondary bloom region: r.r sr,eir Southern Eau Gallie to Ft.Pierce Mosquito Lagoon o Moderately intense bloom T114!$VVII with Chlorophyll o Northern concentrations averaging Indian River Lagoon 20—30 ug/L. Levels near LagBanana River Sebastian Inlet reached cocoa "s Lagoon 50 ug/L during the peak of the bloom. Composed of a mix of Eau Gall C dominant species: Melhourne 1+� • Cyanobacteria,followed by diatoms&dinoflagellates Central in the Melbourne area. Indian Indian River • Co-dominance of diatoms Lagoon and dinoflagellates in the zaty su Vero Beach area. pe rbWorn area veno Beach 2011 secondary bloom area What Caused the Superbloom? No single factor explains the Superbloom,but several things stand out: 1. Long-term drought conditions:Salinities Increased In 8 of the past 12 years,rainfall in the region was below the 30-year average of 50". Low rainfall typically means less runoff and reduced nutrient loadings. • But,drought also means increased salinity as water evaporates. 2. Two extreme winters:Dec.2009—Jan.2010 and Dec.2010—Jan. 2011. Macro Algae affected by low water temperatures • Winter 2009/10 was the coldest since 1937 when records were first kept. • Extreme low water temperatures lasted over 2 weeks in January. 3. Possible internal nutrient loadings in the IRL Ecosystem. • Crash of macroalgae population in the IRL in Mid-2010. • Decay of this material added nutrients to system. 4. The lagoon may have reached a tipping point in terms of nutrient loadings • Seagrass stress may account for decreased trends in density of beds. '7 - A- 17 JEFFREY R. SMITH 4 G Clerk of Circuit Court and Comptroller * '' 1 801 27TH Street '`1oRtoA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: March 7, 2013 SUBJECT: APPROVAL OF WARRANTS March 1, 2013 to March 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 r, time period of March 1, 2013 to March 7, 2013. Attachment: DB: MS 8 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 295546 3/1/2013 ORANGE COUNTY HOUSING AND 1,830.34 295547 3/1/2013 SANDY PINES LTD 553.00 295548 3/1/2013 ALL FLORIDA REALTY SERVICES INC 5,206.00 295549 3/1/2013 GERALD T CAPAK 265.00 295550 3/1/2013 CHERYL DOYLE 354.00 295551 3/l/2013 VERO BEACH EDGEWOOD PLACE(305-113) 659.00 295552 3/1/2013 GRACES LANDING LTD 5,858.00 295553 3/1/2013 MICHAEL JACKOWSKI 429.00 295554 3/1/2013 TERRY A LAWRENCE 77.00 295555 3/1/2013 LINDSEY GARDENS APARTMENTS 11,648.00 295556 3/1/2013 BRYAN D BLAIS 782.00 295557 3/1/2013 RIVER PARK ASSOCIATES 11,412.00 295558 3/1/2013 RICHARD C THERIEN 892.00 295559 3/1/2013 CREATIVE CHOICE HOMES XVI LTD 4,510.00 295560 3/1/2013 DAVID YORK 528.00 295561 3/1/2013 ST FRANCIS MANOR OF VERO BEACH 973.00 295562 3/1/2013 CITY OF VERO BEACH 312.00 295563 3/1/2013 TREASURE COAST HOMELESS SERVICES 1,545.00 295564 3/1/2013 FLORIDA POWER AND LIGHT 431.00 295565 3/1/2013 FULCHINT ENTERPRISES TNC 287.00 295566 3/1/2013 VENETIAN APARTMENTS OF VERO BEACH 881.00 295567 3/1/2013 HERMOSA PROPERTIES LLC 308.00 295568 3/1/2013 PINNACLE GROVE LTD 7,412.00 295569 3/1/2013 VERO CLUB PARTNERS LTD 13,222.00 295570 3/1/2013 DAVID SPARKS 600.00 295571 3/1/2013 FORT PIERCE HOUSING AUTHORITY 932.56 295572 3/1/2013 CRAIG MERRILL 1,586.00 295573 3/1/2013 CHRISTINE SALTER 514.00 295574 3/1/2013 HAGGERTY FAMILY LTD 307.00 295575 3/1/2013 THE PALMS AT VERO BEACH 15,180.00 295576 3/1/2013 ED SCHLITT LC 359.00 295577 3/1/2013 HENRY O SPEIGHT 740.00 295578 3/1/2013 DAVID CONDON 594.00 295579 3/1/2013 HILARY MCIVOR 505.00 295580 3/1/2013 PAULA LANE 376.00 295581 3/1/2013 FRANK BLAKE 442.00 295582 3/1/2013 JOHN A CAPPELLO 451.00 295583 3/1/2013 TCG SONRISE II LLC 1,250.00 295584 3/1/2013 KARL LACHNITT 750.00 295585 3/1/2013 PELICAN ISLES LP 5,797.00 295586 3/1/2013 JOHN F BAER 3,846.00 295587 3/1/2013 CAMERON HORD 259.00 295588 3/1/2013 SUNCOAST REALTY&RENTAL MANAGEMENT LLC 2,368.00 295589 3/1/2013 OAK RIVER PROPERTIES INC 1,068.00 295590 3/1/2013 KENNEN COHEN 437.00 295591 3/1/2013 MARILYN LEWIS 574.00 295592 3/1/2013 STEPHEN J SHORT SR 648.00 295593 3/1/2013 MICHAEL KANNER 566.00 295594 3/1/2013 ANDRE DORAWA 364.00 295595 3/1/2013 RICHARD JOHN KELLER 782.00 295596 3/1/2013 ADINA GOLDMAN 459.00 295597 3/1/2013 INDIAN RIVER RDA LP 628.00 295598 3/1/2013 DANIEL GOWER 699.00 295599 3/1/2013 GEORGE THUYNS 559.00 295600 3/1/2013 STEVEN ROBERT HARTMAN 541.00 295601 3/l/2013 LAZY J LLC 402.00 295602 3/1/2013 STEPHANIE FOUNTAIN 252.00 295603 3/1/2013 WINFRIED ARENDT 361.00 1 g CHECK NBR CK DATE VENDOR AMOUNT 295604 3/1/2013 SYLVIA MCNEILL 238.00 295605 3/1/2013 SKOKIE HOLDINGS INC 577.00 295606 3/1/2013 LILIAN N BEUTTELL 441.00 295607 3/1/2013 ROGER WINSLOW 503.00 295608 3/1/2013 TAMMY MEEKS 719.00 295609 3/1/2013 VINCENT PILEGGI 451.00 295610 3/1/2013 OSLO VALLEY PROPERTIES INC 989.00 295611 3/1/2013 VICKY L STANLEY 808.00 295612 3/1/2013 CORY J HOWELL 302.00 295613 3/l/2013 CHOICE RENTALS INC 231.00 295614 3/1/2013 WILLIAM JAMES STANGANELLI 399.00 295615 3/1/2013 TRADITIONAL PROPERTIES GROUP INC 673.00 295616 3/1/2013 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 848.00 295617 3/1/2013 OSCEOLA COUNTY SECTION 8 477.78 295618 3/1/2013 WYNN OWLE 572.00 295619 3/1/2013 DONALD G COMBS 476.00 295620 3/1/2013 WILLIAM NEUWIRTH 558.00 295621 3/1/2013 ANTHONYARROYO 308.00 295622 3/1/2013 BRIGITTE BALL 535.00 295623 3/1/2013 AHS HOLDINGS GROUP LLC 2,731.00 295624 3/1/2013 COUNTY OF VOLUSIA HVC PROGRAM 412.78 295625 3/1/2013 AIL MANAGEMENT CORP 424.00 295626 3/1/2013 VERO HOUSING LLC 1,796.00 295627 3/1/2013 YVONNE KOUTSOFIOS 280.00 295628 3/1/2013 HOUSING AUTHORITY CITY OF ALLENTOWN 642.78 295629 3/1/2013 DYNAMIC ENDEAVORS LLC 242.00 295630 3/1/2013 HOUSING AUTHORITY OF FULTON COUNTY 657.78 295631 3/1/2013 ALAN R TOKAR 649.00 295632 3/1/2013 2184 1ST PL SW LLC 584.00 295633 3/1/2013 VILLAS OF VERO BEACH 491.00 295634 3/1/2013 BRIAN E GALLAGHER 503.00 295635 3/1/2013 MANUEL V CAMACHO SR LLC 542.00 295636 3/1/2013 HOUSING AUTHORITY CITY OF NEW BRITAIN 724.78 295637 3/1/2013 ALCURT VERO BEACH LLC 1,739.00 295638 3/1/2013 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 295639 3/1/2013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 295640 3/1/2013 INDIAN RIVER COUNTY 187,096.27 295641 3/1/2013 MEDICAL EXAMINERS OFFICE 23,651.41 295642 3/1/2013 VICTIM ASSISTANCE PROGRAM 4,428.66 295643 3/1/2013 ROGER J NICOSIA 1,500.00 295644 3/1/2013 CITY OF VERO BEACH 1,972.54 295645 3/1/2013 CITY OF VERO BEACH 11,562.50 295646 3/1/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 295647 3/1/2013 INTERNAL REVENUE SERVICE 50.00 295648 3/1/2013 CHAPTER 13 TRUSTEE 277.30 295649 3/1/2013 IRC FIRE FIGHTERS ASSOC 6,210.00 295650 3/1/2013 COMPBENEFITS COMPANY 236.54 295651 3/1/2013 COLONIAL LIFE&ACCIDENT INS CO 105.96 295652 3/1/2013 AMERICAN FAMILY LIFE ASSURANCE CO 14,876.14 295653 3/1/2013 B/C B/S OF FL ADM FEE 35,831.04 295654 3/1/2013 MISDU MICHIGAN STATE 445.75 295655 3/1/2013 ALLSTATE 668.84 295656 3/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 295657 3/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 295658 3/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 295659 3/1/2013 STANDARD LIFE INSURANCE 7,467.72 295660 3/1/2013 STANDARD LIFE INSURANCE OPT 9,699.20 295661 3/1/2013 BENEFITS WORKSHOP 336.81 �- 295662 3/1/2013 BENEFITS WORKSHOP 336.81 295663 3/1/2013 CORPORATE CARE WORKS 1,108.80 2 10 CHECK NBR CK DATE VENDOR AMOUNT 295664 3/1/2013 ECMC 175.61 295665 3/1/2013 FLORIDA COMBINED 7,509.03 295666 3/1/2013 FLORIDA COMBINED 13,895.78 295667 3/1/2013 HIGHMARK STOP LOSS 13,050.24 295668 3/7/2013 PORT CONSOLIDATED INC 1,407.69 295669 3/7/2013 JORDAN MOWER INC 335.39 295670 3/7/2013 TEN-8 FIRE EQUIPMENT INC 3,424.25 295671 3/7/2013 VERO CHEMICAL DISTRIBUTORS INC 166.40 295672 3/7/2013 RICOH USA INC 261.59 295673 3/7/2013 CHISHOLM CORP OF VERO 335.00 295674 3/7/2013 VELDE FORD INC 1,437.76 295675 3/7/2013 DATA FLOW SYSTEMS INC 725.00 295676 3/7/2013 COCA COLA REFRESHMENTS USA INC 175.68 295677 3/7/2013 TEMPLE INC 212.53 295678 3/7/2013 DEMCO INC 57.11 295679 3/7/2013 DAILY COURIER SERVICE 71.00 295680 3/7/2013 GAYLORD BROTHERS INC 95.43 295681 3/7/2013 MARK W HILL DBA 19.00 295682 3/7/2013 HD SUPPLY WATERWORKS, LTD 11,421.80 295683 3/7/2013 BOUND TREE MEDICAL 2,915.12 295684 3/7/2013 SCHULKE BITTLE&STODDARD LLC 1,774.46 295685 3/7/2013 VERO INDUSTRIAL SUPPLY INC 37.32 295686 3/7/2013 BRODART COMPANY 115.00 295687 3/7/2013 TIRESOLES OF BROWARD INC 919.86 295688 3/7/2013 R&G SOD FARMS 218.50 295689 3/7/2013 XEROX CORP SUPPLIES 938.25 295690 3/7/2013 GENERAL PART INC 174.38 295691 3/7/2013 GOODYEAR AUTO SERVICE CENTER 714.32 295692 3/7/2013 BLAKESLEE SERVICES INC 710.00 295693 3/7/2013 BAKER&TAYLOR INC 2,152.69 295694 3/7/2013 GROVE WELDERS INC 38.75 295695 3/7/2013 BRANDTS APPLIANCE SERVICE INC 94.95 295696 3/7/2013 MIDWEST TAPE LLC 1,221.83 295697 3/7/2013 LOWES CO INC 2,040.72 295698 3/7/2013 ODYSSEY MANUFACTURING CO 3,490.00 295699 3/7/2013 K&M ELECTRIC SUPPLY 63.06 295700 3/7/2013 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 295701 3/7/2013 VOCELLE&BERG LLP 25,000.00 295702 3/7/2013 PARKS AND SON INC 10,262.34 295703 3/7/2013 CITY OF VERO BEACH 59,960.84 295704 3/7/2013 LSQ FUNDING GROUP L C 194.83 295705 3/7/2013 INDIAN RIVER ALL FAB INC 122.40 295706 3/7/2013 UNITED PARCEL SERVICE INC 9.98 295707 3/7/2013 FLORIDA EAST COAST RAILWAY LLC 3,402.00 295708 3/7/2013 JANITORIAL DEPOT OF AMERICA INC 751.16 295709 3/7/2013 PUBLIX SUPERMARKETS 61.17 295710 3/7/2013 ROGER CLEVELAND GOLF INC 1,730.01 295711 3/7/2013 ACUSHNET COMPANY 113.94 295712 3/7/2013 GEOSYNTEC CONSULTANTS INC 3,346.02 295713 3/7/2013 DUMONT COMPANY INC 1,401.50 295714 3/7/2013 INDIAN RIVER HABITAT 27,254.75 295715 3/7/2013 FEDERAL EXPRESS 49.98 295716 3/7/2013 DUNKELBERGER ENGINEERING&TESTING 8,525.00 295717 3/7/2013 VERO BEACH MUSEUM OF ART 72,717.62 295718 3/7/2013 TIMOTHY ROSE CONTRACTING INC 251,465.94 295719 3/7/2013 CALLAWAY GOLF SALES COMPANY 2,086.02 295720 3/7/2013 FLORIDA POWER AND LIGHT 2,555.06 295721 3/7/2013 ACUSHNET COMPANY 5,725.88 1%mw 295722 3/7/2013 TAYLOR MADE GOLF CO INC 476.53 295723 3/7/2013 PEACE RIVER ELECTRIC COOP INC 319.00 3 11 CHECK NBR CK DATE VENDOR AMOUNT 295724 3/7/2013 KENNY CAMPBELL SENIOR 240.00 295725 3/7/2013 GLOBAL GOLF SALES INC 127.39 295726 3/7/2013 COMMUNITY ASPHALT CORP 76,043.77 295727 3/7/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,122.36 295728 3/7/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 525.00 295729 3/7/2013 BUILDING OFFICIALS ASSOC OF FLORIDA 340.00 295730 3/7/2013 CORY RICHTER 6.01 295731 3/7/2013 FLORIDA STATE GOLF ASSOCIATION 4,440.00 295732 3/7/2013 GERALD A YOUNG SR 120.00 295733 3/7/2013 PITNEY BOWES INC 165.00 295734 3/7/2013 ALAN C KAUFFMANN 40.00 295735 3/7/2013 DAVID HAYS PE 130.00 295736 3/7/2013 GOVERNORS HURRICANE CONFERENCE 225.00 295737 3/7/2013 KEEP INDIAN RIVER BEAUTIFUL INC 5,017.31 295738 3/7/2013 COMCAST 100.28 295739 3/7/2013 MICHAEL REDSTONE 199.00 295740 3/7/2013 ADVANCED XEROGRAPHICS IMAGING 1,113.44 295741 3/7/2013 LINDSEY MATHENY 80.00 295742 3/7/2013 TIM GEIB 40.00 295743 3/7/2013 BRIDGE DESIGN ASSOCIATES INC 790.28 295744 3/7/2013 ECONOLITE CONTROL PRODUCTS INC 943.11 295745 3/7/2013 RON MASHBURN 61.42 295746 3/7/2013 RUSSELL PAYNE INC 619.71 295747 3/7/2013 MALCOLM PIRNIE INC 38,300.40 295748 3/7/2013 CELICO PARTNERSHIP 120.09 295749 3/7/2013 JEAN PETERS 30.00 295750 3/7/2013 CINTAS CORPORATION NO 2 569.56 295751 3/7/2013 CINTAS CORPORATION NO 2 345.90 295752 3/7/2013 VAN WAL INC 132.00 295753 3/7/2013 BIG BROTHERS AND BIG SISTERS 1,250.00 295754 3/7/2013 TREASURE COAST RADIATOR&MARINE INC 400.00 295755 3/7/2013 CENTRAL PUMP& SUPPLY INC 50.32 295756 3/7/2013 GLOVER OIL COMPANY INC 58,378.57 295757 3/7/2013 GARY L EMBREY 60.00 295758 3/7/2013 JOSE RIVERA 80.00 295759 3/7/2013 1 ST FIRE& SECURITY INC 834.50 295760 3/7/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 115.08 295761 3/7/2013 KENNY CAMPBELL JR 160.00 295762 3/7/2013 TOTAL TEMPERATURE INSTRUMENTATION INC 934.98 295763 3/7/2013 BRIAN WYKOFF 100.00 295764 3/7/2013 MUNICIPAL WATER WORKS INC 18,094.64 295765 3/7/2013 ADAM PREUSS APPRAISAL SERVICES INC 400.00 295766 3/7/2013 CHARLES A WALKER 120.00 295767 3/7/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,312.28 295768 3/7/2013 BRIAN FREEMAN 30.57 295769 3/7/2013 J G ST THOMAS 52.18 295770 3/7/2013 DANIEL IOFFREDO 60.00 295771 3/7/2013 DASIE BRIDGEWATER HOPE CENTER 10,992.57 295772 3/7/2013 LUCILENE SANTOS 240.00 295773 3/7/2013 BENNETT AUTO SUPPLY INC 285.94 295774 3/7/2013 RENAE CHANDLER 30.00 295775 3/7/2013 TREASURE COAST FOOD BANK INC 153.19 295776 3/7/2013 DAVID L HANCOCK 881.00 295777 3/7/2013 STEPHEN COURTRIGHT 200.00 295778 3/7/2013 SANDY ARACENA 120.00 295779 3/7/2013 DMRR INVESTMENT GROUP 26.42 295780 3/7/2013 LARIAT ENTERPRISES INC 149.60 295781 3/7/2013 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 160.66 �.- 295782 3/7/2013 TASHIMA BIRKS 990.80 295783 3/7/2013 SYMANTEC CORP 1,990.00 4 12 CHECK NBR CK DATE VENDOR AMOUNT 295784 3/7/2013 MDT PERSONNEL LLC 7,180.78 295785 3/7/2013 DALE SORENSEN REAL ESTATE 85.42 295786 3/7/2013 ATLANTIC COASTAL LAND TITLE CO LLC 55.00 295787 3/7/2013 LEB DEMOLITION&CONSULTING CONTRATORS INC 13,000.00 295788 3/7/2013 GUETTLER BROTHERS CONSTRUCTION LLC 218,163.60 295789 3/7/2013 CITY DIRECTORIES 360.00 295790 3/7/2013 STEVEN A ABBOND 100.00 295791 3/7/2013 ATTORNEYS DELL& SC14AEFER 210.00 295792 3/7/2013 FLORIDA COMBINED 4,556.08 295793 3/7/2013 AG SCAPE SERVICES INC 6,620.05 295794 3/7/2013 RAYMOND J DUC1 EMIN 60.00 295795 3/7/2013 AMERICAN RED CROSS&ITS CONSTITUENT CHAPTEI 12.00 295796 3/7/2013 SARA L MATHEWS 110.00 295797 3/7/2013 ELAINE KANE 90.00 295798 3/7/2013 KEITH GROCHOLL 100.00 295799 3/7/2013 DAVID SCHRYVER 255.00 295800 3/7/2013 WOLFGANG ENGELBRACHT 437.82 295801 3/7/2013 JMC SERVICES INC 720.00 295802 3/7/2013 TIGHT LINE PRODUCTIONS INC 500.00 295803 3/7/2013 MELINDA LOW PAMPALLONA 120.00 295804 3/7/2013 SOUTHEASTERN SECURITY CONSULTANTS INC 129.50 295805 3/7/2013 HEATHER HATTON 30.00 295806 3/7/2013 CENTRAL FLORIDA GOLF CARS INC 59.60 295807 3/7/2013 APPLIED MEMBRANES INC 704.72 295808 3/7/2013 FLORIDA TIME CLOCK 385.50 295809 3/7/2013 MARK A ODOM CONSTRUCTION INC 7,600.00 295810 3/7/2013 SHAWN GINN 40.00 295811 3/7/2013 CHRISTOPHER LEE MERRITT 40.00 295812 3/7/2013 TAMATHA R TORRES 240.00 295813 3/7/2013 REPROGRAPHIC SOLUTIONS INC 4.32 295814 3/7/2013 BRYAN KLASSEN 210.35 295815 3/7/2013 - NOREGON SYSTEMS INC 399.00 295816 3/7/2013 SHARON LYNN 65.00 295817 3/7/2013 UT REFUNDS 214.09 295818 3/7/2013 UT REFUNDS 55.03 295819 3/7/2013 UT REFUNDS 33.35 295820 3/7/2013 UT REFUNDS 54.44 295821 3/7/2013 UT REFUNDS 36.34 295822 3/7/2013 UT REFUNDS 34.93 295823 3/7/2013 UT REFUNDS 66.01 295824 3/7/2013 UT REFUNDS 10.98 295825 3/7/2013 UT REFUNDS 69.55 295826 3/7/2013 UT REFUNDS 51.40 295827 3/7/2013 UT REFUNDS 3.71 295828 3/7/2013 UT REFUNDS 72.67 295829 3/7/2013 UT REFUNDS 39.20 295830 3/7/2013 UT REFUNDS 31.40 295831 3/7/2013 UT REFUNDS 334.86 295832 3/7/2013 UT REFUNDS 79.11 295833 3/7/2013 UT REFUNDS 12.80 295834 3/7/2013 UT REFUNDS 11.45 295835 3/7/2013 UT REFUNDS 16.46 295836 3/7/2013 UT REFUNDS 36.11 295837 3/7/2013 UT REFUNDS 56.89 295838 3/7/2013 UT REFUNDS 21.09 295839 3/7/2013 UT REFUNDS 46.40 295840 3/7/2013 UT REFUNDS 80.06 295841 3/7/2013 UT REFUNDS 34.55 �., 295842 3/7/2013 UT REFUNDS 6.98 295843 3/7/2013 UT REFUNDS 37.56 5 13 CHECK NBR CK DATE VENDOR AMOUNT 295844 3/7/2013 UT REFUNDS 156.64 295845 3/7/2013 UT REFUNDS 57.42 295846 3/7/2013 UT REFUNDS 89.24 295847 3/7/2013 UT REFUNDS 84.08 295848 3/7/2013 UT REFUNDS 59.80 295849 3/7/2013 UT REFUNDS 34.78 295850 3/7/2013 UT REFUNDS 27.96 295851 3/7/2013 UT REFUNDS 4.27 295852 3/7/2013 UT REFUNDS 73.58 295853 3/7/2013 UT REFUNDS 44.24 295854 3/7/2013 UT REFUNDS 106.88 295855 3/7/2013 UT REFUNDS 50.32 295856 3/7/2013 UT REFUNDS 35.75 295857 3/7/2013 UT REFUNDS 95.73 295858 3/7/2013 UT REFUNDS 55.60 295859 3/7/2013 UT REFUNDS 10.01 295860 3/7/2013 UT REFUNDS 53.64 295861 3/7/2013 UT REFUNDS 5.42 295862 3/7/2013 UT REFUNDS 11.87 295863 3/7/2013 UT REFUNDS 61.65 295864 3/7/2013 UT REFUNDS 14.75 295865 3/7/2013 UT REFUNDS 51.82 295866 3/7/2013 UT REFUNDS 30.20 295867 3/7/2013 UT REFUNDS 102.55 295868 3/7/2013 UT REFUNDS 33.24 295869 3/7/2013 UT REFUNDS 40.98 295870 3/7/2013 UT REFUNDS 6.17 295871 3/7/2013 UT REFUNDS 24.73 295872 3/7/2013 UT REFUNDS 59.79 295873 3/7/2013 UT REFUNDS 37.40 295874 3/7/2013 UT REFUNDS 76.12 295875 3/7/2013 UT REFUNDS 34.14 295876 3/7/2013 UT REFUNDS 46.71 295877 3/7/2013 UT REFUNDS 38.21 295878 3/7/2013 UT REFUNDS 29.66 295879 3/7/2013 UT REFUNDS 70.43 295880 3/7/2013 UT REFUNDS 35.49 295881 3/7/2013 UT REFUNDS 76.46 295882 3/7/2013 UT REFUNDS 14.35 295883 3/7/2013 UT REFUNDS 39.72 295884 3/7/2013 UT REFUNDS 28.24 295885 3/7/2013 UT REFUNDS 28.71 295886 3/7/2013 UT REFUNDS 332.96 295887 3/7/2013 UT REFUNDS 13.93 295888 3/7/2013 UT REFUNDS 40.96 295889 3/7/2013 UT REFUNDS 32.27 295890 3/7/2013 UT REFUNDS 11.43 295891 3/7/2013 UT REFUNDS 3.93 295892 3/7/2013 UT REFUNDS 39.44 295893 3/7/2013 UT REFUNDS 45.61 295894 3/7/2013 UT REFUNDS 370.00 Grand Total: 1,543,001.51 6 14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2326 3/1/2013 KIMLEY HORN&ASSOC INC 6,365.26 2327 3/1/2013 KIMLEY HORN&ASSOC INC 25,020.00 2328 3/1/2013 ICMA RET CORP 1,635.00 2329 3/1/2013 NACO/SOUTHEAST 21,497.86 2330 3/1/2013 FL SDU 6,893.06 2331 3/1/2013 I R C HEALTH INSURANCE-TRUST 452,667.42 2332 3/1/2013 ICMA RETIREMENT CORPORATION 11,898.40 2333 3/1/2013 SENIOR RESOURCE ASSOCIATION 191,948.18 2334 3/1/2013 FLORIDA LEAGUE OF CITIES, INC 5,826.75 2335 3/1/2013 JMC SERVICES INC 41,853.85 2336 3/1/2013 NATIONWIDE SOLUTIONS RETIREMENT 226.65 2337 3/1/2013 CONSUMER TITLE&ESCROW SERVICES CO INC 57,935.92 2338 3/1/2013 CREATIVE BUS SALES INC 389,584.00 2339 3/5/2013 FL RETIREMENT SYSTEM 293,869.76 2340 3/5/2013 AGENCY FOR HEALTH CARE ADMIN 13,173.89 2341 3/5/2013 IRS-PAYROLL TAXES 345,295.02 Grand Total: 1,865,691.02 1 15 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1001058 3/4/2013 EVERGLADES FARM EQUIPMENT CO INC 231.36 1001059 3/4/2013 COLKITT SHEET METAL&A/C INC 291.80 1001060 3/4/2013 COMMUNICATIONS INTERNATIONAL 37,018.88 1001061 3/4/2013 INDIAN RIVER BATTERY 471.50 1001062 3/4/2013 INDIAN RIVER OXYGEN INC 76.75 1001063 3/4/2013 MIKES GARAGE& WRECKER SERVICE INC 164.00 1001064 3/4/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 95.29 1001065 3/4/2013 AUTO PARTNERS LLC 58.96 1001066 3/4/2013 S&S AUTO PARTS 267.14 1001067 3/4/2013 EAST COAST ANIMAL MEDICAL CENTER 38.00 1001068 3/4/2013 REPUBLIC SERVICES OF FLORIDA 103,953.91 1001069 3/4/2013 REPUBLIC SERVICES OF FLORIDA 103,953.93 1001070 3/4/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1001071 3/4/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1001072 3/5/2013 COMMUNICATIONS INTERNATIONAL 220.00 1001073 3/5/2013 DAVIDSON TITLES INC 74.52 1001074 3/5/2013 APPLE INDUSTRIAL SUPPLY CO 233.36 1001075 3/5/2013 ALLIED UNIVERSAL CORP 8,391.35 1001076 3/5/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 376.06 1001077 3/5/2013 COMPLETE ELECTRIC INC 21,009.00 1001078 3/5/2013 ENVIRONMENTAL CONSERVATION LABORATORIES 1N 16,657.00 1001079 3/6/2013 PARKS RENTAL&SALES INC 135.75 1001080 3/6/2013 SAFETY PRODUCTS INC 413.38 1001081 3/6/2013 RELIABLE POLY JOHN 91.52 1001082 3/6/2013 SEBASTIAN OFFICE SUPPLY CO 29.89 1001083 3/6/2013 L&L DISTRIBUTORS 38.66 1001084 3/6/2013 S& S AUTO PARTS 13.80 1001085 3/6/2013 HYDRA SERVICE(S) INC 17,790.03 1001086 3/6/2013 HORIZON DISTRIBUTORS INC 193.00 1001087 3/7/2013 EVERGLADES FARM EQUIPMENT CO INC 341.23 1001088 3/7/2013 COMMUNICATIONS INTERNATIONAL 44.00 1001089 3/7/2013 SAFETY PRODUCTS INC 700.66 1001090 3/7/2013 ALLIED UNIVERSAL CORP 2,851.20 1001091 3/7/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 147.20 1001092 3/7/2013 FLORIDA LEVEL&TRANSIT CO INC 657.70 1001093 3/7/2013 ALLIANCE BUS GROUP INC 242.89 1001094 3/7/2013 AT&T 301.28 1001095 3/7/2013 OFFICE DEPOT BSD CUSTOMER SVC 325.08 1001096 3/7/2013 WASTE MANAGEMENT INC 2,761.52 Grand Total: 559,716.52 1 16 41�R 4� JEFFREY R. SMITH Clerk of Circuit Court and Comptroller * `` 1801 27th Street �ZpRIpA Vero Beach, Florida 32960-3388 Telephone (772) 226-1205 TO: The Honorable Members of the Board of County Commissioners FROM: Diane Bernardo, Finance Director and 6R Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: March 13, 2013 SUBJECT: Approval of Annual Financial Report by County Commissioners (Consent Agenda Item) AND Notice of CAFR(Comprehensive Annual Financial Report) Completion Section 218.32, Florida Statutes, requires that each unit of local government submit a ... financial report covering the operations during the previous fiscal year. Attached to this agenda is the report, which must be submitted within 45 days after the completion of the audit report. The Indian River County Local Government Annual Financial Report for fiscal year 2011-2012 has been prepared and is ready to be submitted to the State of Florida, Department of Financial Services in Tallahassee. The report is to be signed by the Chief Financial Officer, Jeffrey R. Smith, and the Chairman of the Board of County Commissioners. In addition, we are presenting the CAFR to the Board for approval. This CAFR will be available on the County's (ircgov.com) and the Clerk's (clerk.indian-river.org) websites. Questions regarding the CAFR should be directed to the Finance Department at 226- 1945. Recommendation We respectfully request the Board of County Commissioners to authorize the Chairman to sign the County's Local Government Annual Financial Report and accept the CAFR as presented for fiscal year 2011-2012. 1nailn Rtv+t Co. AV roved Date A dmM. 11,51 f3 Le9at Budget °e°'. 17 �:r4 Mnr Unit Information Unit ID:100031 Year:2012 AFR Details Unit Name:Indian River Original AFR Unit Status:Active Unit Dependency: AFR Status:In Process AFR Received Date: Location Information Contact Information Audit Received Date: Submission Type: Name:Hon.Jeffrey R.Smith Name:Mrs.Diane Bernardo Title:Clerk of Circuit Court and Comptroller Title:Finance Director Debt Information Phone:(772)226-1205 Phone:(772)226-1205 Fax:(772)770-5331 Email:dbernardo@clerk.indian-river.org Long-Term Debt:$104,177,451 Address: Address: 1801 27th Street 1801 27th Street Audit Information Vero Beach,FL 32960-3388 Vero Beach,FL 32960-3388 Was an audit performed? Yes Audit Performed Date:3/12/2013 Certification Auditor Name:Rehmann Robson Chief Fi dncialicer Chairman/Elected Official Naa- e Name: Address: 5070 North Highway Al TitlR. mith,Clerk of Circuit Court Title:Joseph E.Flescher,Chairman-Board Suite 250 and Comptroller of County Commissioners Vero Beach,FL 32963 Yes No Have You Experienced a Financial Emergency in this year? ❑ a If Yes,Have You Complied With Section 218.503(2),Florida Statutes? n El Auditor General Rule:Section 10.554(1)(h)6.b):If applicable,does the Annual Financial Report agree with the Audited Financial Statement? a (Do total revenues and expenditures per fund group on the AFR balance to the audited Statement of Revenues and Expenditures?) jTuesday, March 05, 2013 Page 1 of 9 00 Revenues Report for FYE 2012 Account Code General Special Debt Service Capital Permanent Enterprise Internal Pension Trust Component Total Revenue Projects Service Units 311000-Ad Valorem Taxes 46,900,983 17,852,583 5,574,183 10,395 70,338,144' 312100-Local Option Taxes 1,203,690 401,230 1,604,920' 312300-County Ninth-Cent Voted Fuel Tax 156,575 156,575 312410-First Local Option Fuel Tax 3,172,608 3,172,608' 312600-Discretionary Sales Surtaxes 13,708,911 13,708,911. 315000-Communications Service Tax(Chapter 202) 1,322,765 1,322,765 316000-Local Business Tax(Chapter 205) 179,041 179,041 322000-Building Permits 141,483 1,634,139 1,775,622 323100-Franchise Fee-Electricity 6,421,975 6,421,975 323300-Franchise Fee-Water 1,764,418 1,764,418 323700-Franchise Fee-Solid Waste 434,008 434,008 324110-Impact Fees-Residential-Public Safety 112,558 112,558. 324120-Impact Fees-Commercial-Public Safety 108,513 108,513 324210-Impact Fees-Residential-Physical Environment -980 -980. 324220-Impact Fees-Commercial-Physical Environment 942 942 324310-Impact Fees-Residential-Transportation 1,019,534 1,019,534 324320-Impact Fees-Commercial-Transportation 583,806 583,806 324610-Impact Fees-Residential-Culture/Recreation 382,310 382,310 324710-Impact Fees-Residential-Other 44,938 44,938 324720-Impact Fees-Commercial-Other 16,299 16,299 325100-Special Assessments-Capital Improvement 194,707 22,353 217,060. 325200-Special Assessments-Charges for Public Services 180,082 7,802,498 7,982,580 329000-Other Permits,Fees&Special Assessments 9,467 49,822 36,887 96,176 331100-Federal Grant-General Government 25,250 25,250: 331200-Federal Grant-Public Safety 202,575 64,478 267,053 331390-Federal Grant-Other Physical Environment 1,000,000 1,000,000 331420-Federal Grant-Mass Transit 1,502,282 385,202 1,887,484 331490-Federal Grant-Other Transportation 2,966,321 261,342 3,227,663 331500-Federal Grant-Economic Environment 2,136,803 9,444 2,146,247 331620-Federal Grant-Public Assistance 840,743 840,743 331690-Federal Grant-Other Human Services 67,451 67,451 333000-Federal Payments In Lieu Of Taxes 186,424 186,424 334200-State Grant-Public Safety 104,968 784,112 889,080 334310-State Grant-Water Supply System 7,235 7,235 334390-State Grant-Other Physical Environment 101,232 101,232 334420-State Grant-Mass Transit 731,829 332,284 1,064,113 334490-State Grant-Other Transportation 18,731 18,731 334700-State Grant-Culture/Recreation 113,999 113,999 335120-State Revenue Sharing-Proceeds 2,751,390 2,751,390 335130-State Revenue Sharing-Insurance Agents County 39,874 39,874 Licenses 335140-State Revenue Sharing-Mobile Home Licenses 112,249 112,249 335150-State Revenue Sharing-Alcoholic Beverage Licenses 66,743 66,743. 335160-State Revenue Sharing-Distribution of Sales and Use 446,500 446,500 Taxes to Counties(Section 212.20,F.S.) 335180-State Revenue Sharing-Local Government Half-Cent 6,971,490 441,397 7,412,887 Sales Tax 335190-State Revenue Sharing-Other General Government 500,004 500,004 Tuesday, March 05, 2013 Page 2 of 9 Account Code( General Special Debt Service Revenue ProCat--- Service Units( Permanent Enterprise Internal Pension Trust Component notal 335210-State Revenue Sharing-Firefighter Supplemental 48,163 Compensation 48,163 335220-State Revenue Sharing-Enhanced 911 Fee 772,145 772,145 335490-State Revenue Sharing-Other Transportation 2,390,963 2,390,963 335610-State Revenue Sharing-Health or Hospitals 1,000 1,000 335700-State Revenue Sharing-Culture/Recreation 70,177 70,177 335800-State Revenue Sharing-Clerk Allotment from JAC 3,296,711 3,296,711 337300-Local Government Unit Grant-Physical Environment 55,795 55,795. 337700-Local Government Unit Grant-Culture/Recreation 25,000 25,000 341100-Service Charge-Recording Fees 589,823 560,513 1,150,336 341200-Internal Service Fund Fees and Charges 20,710,782 20,710,782 341300-Administrative Service Fees 10,479 19,926 30,405 341520-Fees remitted to County from Sheriff 459,769 459,769 341550-Fees remitted to County from Supervisor of Elections 5,003 5,003 341560-Fees remitted to County from Property Appraiser 780 780 341800-County Officer Commission and Fees 1,762,370 1,762,370 341900-Other General Government Charges and Fees 622,195 40,075 662,270 342100-Service Charge-Law Enforcement Services 6,166 6,166 342200-Service Charge-Fire Protection 255,919 255,919 342300-Service Charge-Housing for Prisoners 14,887 112,079 126,966 342500-Service Charge-Protective Inspection Fees 4,831 4,831 342600-Service Charge-Ambulance Fees 4,523,264 4,523,264 343400-Service Charge-Garbage/Solid Waste 1,690,052 1,690,052 343600-Service Charge-Water/Sewer Combination Utility 6,811 28,024,362 28,031,173 344900-Service Charge-Other Transportation Charges 52,256 52,256, 346900-Service Charge-Other Human Services Charges 306,626 306,626 347100-Service Charge-Libraries 164 164 347200-Service Charge-Parks and Recreation 602,208 3,269,570 3,871,778 347500-Service Charge-Special Recreation Facilities 364,540 364,540. 348921-Court Innovations/Local Requirements 24,987 24,987 348922-Legal Aid 24,987 24,987 348923-Law Library 24,987 24,987 348924-Juvenile Alternative Programs 24,987 24,987 348930-State Court Facility Surcharge($30) 48,285 144,854 193,139 348931-Traffic Surcharge 35,424 35,424 348990-Other Court Collections Transferred to BOCC 14 150 164 349000-Other Charges for Services 3,852,146 283,377 400 4,135,923 351100-Judgments and Fines-As Decided by County Court 7,670 106,376 Criminal 114,046 351700-Intergovernmental Radio Communication Program 92,046 92,046 351800-10%of Fines to Public Records Modernization Trust 133,966 Fund 133,966 352000-Fines-Library 48,438 48,438 354000-Fines-Local Ordinance Violation 176,032 130,707 5,500 312,239 358200-Sale of Contraband Property Seized by Law 44,040 Enforcement 44,040 361100-Interest 224,265 262,438 14,558 111,762 600,116 98,046 1,311,185, 362000-Rents and Royalties 244,622 19,626 267,432 531,680 364000-Disposition of Fixed Assets 80,066 333,945 8,400 1,250 423,661 365000-Sale of Surplus Materials and Scrap 15,789 15,789, 366000-Contributions and Donations from Private Sources 1,145,568 72,463 219,628 1,437,659 367000-Licenses 140,255 140,255 NTuesday, March 05, 2013 Page 3 of 9 0 Account Code General Special Debt Service Cat Permanent Enterprise Internal Pension Trust Component( total Revenue ProjL.— Service Units 369900-Other Miscellaneous Revenues 815,063 2,162,353 3,837 114,604 852,768 3,948,625' 381000-Inter-Fund Group Transfers In 700,562 7,844,516 3,050,000 35,438 11,630,516 389800-Proprietary-Capital Contributions from Private Source 2,513,774 2,513,774 Grand Total 85,723,932 54,630,426 9,981,372 14,327,833 46,091,149 21,698,284 232,452,996 tvTuesday, March 05, 2013 Page 4 of 9 j Expend is Report for FYE 2012 1 Account/Object Code General Special Debt Service Capital Permanent Enterprise Internal Pension Trust Component Total Revenue Projects Service Units 511.10-Legislative-Personal Services 582,689 511.30-Legislative-Operating Expenses 200,922 582,689 512.10-Executive-Personal Services 377,199 200,922 512.30-Executive-Operating Expenses 17,395 377,199' 513.10-Financial and Administrative-Personal Services 6,837,875 149,715 17,3956,987,590' 513.30-Financial and Administrative-Operating Expenses 1,529,435 2,116,272 3,645,700 513.60-Financial and Administrative-Capital Outlay 47,659 514.10-Legal Counsel-Personal Services 618,665 47,659 514.30-Legal Counsel-Operating Expenses 39,530 618,668 515.10-Comprehensive Planning-Personal Services 824,530 456,891 39,530; 515.30-Comprehensive Planning-Operating Expenses 207,466 284,286 1,281,421 515.80-Comprehensive Planning-Grants and Aids 188,602 491,752 517.70-Debt Service Payments-Debt Service 10,486,083 188,60210,486,08383 519.10-Other General Governmental Services-Personal Services 2,456,073 419,805 1,829,136 519.30-Other General Governmental Services-Operating 4,705,014 3,072,296 284,487 Expenses 16,149,066 19,505,849. 519.60-Other General Governmental Services-Capital Outlay 63,205 1,835,396 73,652 1,972,253 519.80-Other General Governmental Services-Grants and Aids 133,489 133,489' 521.10-Law Enforcement-Personal Services 19,602,398 119,389 492,950 20,214,737. 521.30-Law Enforcement-Operating Expenses 5,006,900 174,227 33,283 5,214,410 521.60-Law Enforcement-Capital Outlay 648,975 238,585 521.80-Law Enforcement-Grants and Aids 45,025 887,560 522.10-Fire Control-Personal Services 20,180,316 45,02520,180,316: 522.30-Fire Control-Operating Expenses 3,870,610 522.60-Fire Control-Capital Outlay 714 3,870,610 881 714 881 522.80-Fire Control-Grants and Aids 13,821 523.10-Detention and/or Corrections-Personal Services 10,541,774 100,862 13,82110,642,636 523.30-Detention and/or Corrections-Operating Expenses 2,006,976 328,116 335,092: 523.60-Detention and/or Corrections-Capital Outlay 271,208 113,884 2,385,092 523.80-Detention and/or Corrections-Grants and Aids 539,539 539,539 524.10-Protective Inspections-Personal Services 293,370 1,038,946 1,332,316, 524.30-Protective Inspections-Operating Expenses 41,093 448,569 489,662; 525.10-Emergency and Disaster Relief Services-Personal 473,665 119,864 Services 593,529 525.30-Emergency and Disaster Relief Services-Operating 150,661 665,284 Expenses 815,945: 525.60-Emergency and Disaster Relief Services-Capital Outlay 48,639 1,139,717 1,428,111 2,616,467 527.30-Medical Examiners-Operating Expenses 295,512 529.30-Other Public Safety-Operating Expenses 16,694 295,512' 534.10-Garbage/Solid Waste Control Services-Personal 16,694 Services 533,291 533,291' 534.30-Garbage/Solid Waste Control Services-Operating Expenses 309,166 10,087,104 10,396,2701 534.80-Garbage/Solid Waste Control Services-Grants and Aids 38,609 38,609: 536.10-Water-Sewer Combination Services-Personal Services 7,315,133 7,315,133' 536.30-Water-Sewer Combination Services-Operating Expenses 323 24,721,930 24,722,253 536.70-Water-Sewer Combination Services-Debt Service 2,209,904 2,209,904' 537.10-Conservation and Resource Management-Personal 239,378 Services 239,378: NTuesday, March 05, 2013 Page 5 of 9 N Account/Object General Special Debt Service C4 Permanent Enterprise Internal Pension Trust Componen( Total Revenue Proj-_s Service Units 537.30-Conservation and Resource Management-Operating 18,119 Expenses 538.10-Flood Control/Stormwater Management-Personal 18,11 9237,620 Services 538.30-Flood Control/Stormwater Management-Operating 237,620,157,888 Expenses 538.60-Flood Control/Stormwater Management-Capital Outlay 176,451 157,888176,451 539.30-Other Physical Environment-Operating Expenses 61,995 539.60-Other Physical Environment-Capital Outlay 1,036,300 61,995 541.10-Road and Street Facilities-Personal Services 7,207,181 1,036,300 541.30-Road and Street Facilities-Operating Expenses 395,350 7,477,377 7,207,181 541.60-Road and Street Facilities-Capital Outlay 128,915 11,059,287 3,676,222 7,872,72714,864,424 541.80-Road and Street Facilities-Grants and Aids 2,781,300 8,900. 552.80-Industry Development-Grants and Aids 137,294 2,790,200' 553.10-Veteran's Services-Personal Services 148,389 137,294 553.30-Veteran's Services-Operating Expenses 3,957 148,389, 553.80-Veteran's Services-Grants and Aids 73,228 3,957 554.10-Housing and Urban Development-Personal Services 36,969 73,228 554.30-Housing and Urban Development-Operating Expenses 255,757 38,969 554.60-Housing and Urban Development-Capital Outlay 114,385 255,757 554.80-Housing and Urban Development-Grants and Aids 1,249,205 114,385, 562.10-Health Services-Personal Services 383,104 1,249,205 562.30-Health Services-Operating Expenses 81,686 383,104' 562.60-Health Services-Capital Outlay 517 81,686 562.80-Health Services-Grants and Aids 304,800 22,426 517 563.80-Mental Health Services-Grants and Aids 330,828 327,226 564.10-Public Assistance Services-Personal Services 38,905 146,972 330,828 877 564.30-Public Assistance Services-Operating Expenses 687,549 2,092,916 780,465' 564.60-Public Assistance Services-Capital Outlay 2,546 1,023 2, 569: 564.80-Public Assistance Services-Grants and Aids 15,270 535,868 551,3,569' 569.10-Other Human Services-Personal Services 80,316 79,580 569.30-Other Human Services-Operating Expenses 7,096 159,896, 569.60-Other Human Services-Capital Outlay 1,770 7,096.1,770 569.80-Other Human Services-Grants and Aids 1,228,507 847,204 2,075,711 571.10-Libraries-Personal Services 2,063,507 571.30-Libraries-Operating Expenses 1,025,640 46,832 2,063,5071,072,472 572.10-Parks and Recreation-Personal Services 3,574,392 148,227 537,390 4,260,009 572.30-Parks and Recreation-Operating Expenses 1,204,915 2,047,565 1,773,480 5,025,960 572.60-Parks and Recreation-Capital Outlay 83,283 2,511,721 2,444,768 5,039,77272 572.70-Parks and Recreation-Debt Service 140,733 140,7 572.80-Parks and Recreation-Grants and Aids 102,863 577,455 680,318' 33 575.30-Special Recreation Facilities-Operating Expenses 259,749 575.60-Special Recreation Facilities-Capital Outlay 134,305 259,749.134,305 575.80-Special Recreation Facilities-Grants and Aids 27,849 27,849, 581.90-Inter-Fund Group Transfers Out-Other Uses 10,699,149 811,205 112,630 7,532 11,630,516'. 601.80-Court Administration-Grants and Aids 203,420 602.80-State Attorney Administration-Grants and Aids 21,575 116,287 203,420;137,8621 603.80-Public Defender Administration-Grants and Aids 3,599 66,550 604.10-Clerk of Court Administration-Personal Services 655,172 70,149 604.30-Clerk of Court Administration-Operating Expenses 78,652 655,1722 604.60-Clerk of Court Administration-Capital Outlay 2,855 78,652' 2,855, "Tuesday, March 05, 2013 Page 6 of 9 w Account/Obje4 General Special Debt Service Permanent Enterprise Internal Pension Trust Componer� Total Revenue P ; Service Units 605.30-Judicial Support-Operating Expenses 106 106; 608.10-Jury Management-Personal Services 74,941 74,941 608.30-Jury Management-Operating Expenses 79,078 79,078' 614.10-Clerk of Court Administration-Circuit Criminal-Personal 487,358 Services 487,358 614.30-Clerk of Court Administration-Circuit Criminal-Operating 28,063 Expenses 28,063 614.60-Clerk of Court Administration-Circuit Criminal-Capital 2,644 ' Outlay 2,644 634.10-Clerk of Court Administration-Circuit Civil-Personal 378,943 Services 376,943; 634.30-Clerk of Court Administration-Circuit Civil-Operating 52,281 27,016 Expenses 79,297 634.60-Clerk of Court Administration-Circuit Civil-Capital Outlay 37,309 16,814 54,123 649.10-Other Circuit Court-Civil Costs-Personal Services 32,353 32,353 654.10-Clerk of Court Administration-Circuit Family-Personal 256,819 Services 256,819' 654.30-Clerk of Court Administration-Circuit Family-Operating 48,767 36,584 Expenses 85,351 654.60-Clerk of Court Administration-Circuit Family-Capital Outlay 58,853 26,669 85,542 667.80-Court-Based Victim Services-Circuit Family-Grants and 54,788 24,987 Aids 79,775. 674.10-Clerk of Court Administration-Circuit Juvenile-Personal 208,004 Services 208,004 674.30-Clerk of Court Administration-Circuit Juvenile-Operating 18,866 Expenses 18,866 674.60-Clerk of Court Administration-Circuit Juvenile-Capital 627 627 Outlay 685.30-Guardian Ad Litem-Circuit Juvenile-Operating Expenses 2,015 63,520 65,535 694.10-Clerk of Court Administration-Probate-Personal 102,386 102,386 Services 694.30-Clerk of Court Administration-Probate-Operating 20,558 12,880 33,438 Expenses 694.60-Clerk of Court Administration-Probate-Capital Outlay 1,791 534 2,325, 711.10-Courthouse Security-Personal Services 1,413,783 1,413,783' 711.30-Courthouse Security-Operating Expenses 91,197 8,821 100,018 714.10-Public Law Library-Personal Services 71,053 71,053 714.30-Public Law Library-Operating Expenses 39,917 39,917 724.10-Clerk of Court Administration-County Criminal-Personal 317,625 317,625 Services 724.30-Clerk of Court Administration-County Criminal- 21,904 21,904 Operating Expenses 724.60-Clerk of Court Administration-County Criminal-Capital 627 627 Outlay 744.10-Clerk of Court Administration-County Civil-Personal 197,405 Services 197,405 744.30-Clerk of Court Administration-County Civil-Operating 17,495 19,773 37,268 Expenses 744.60-Clerk of Court Administration-County Civil-Capital 21,006 9,341 30,347' Outlay 764.10-Clerk of Court Administration-Traffic-Personal Services 304,449 304,449 764.30-Clerk of Court Administration-Traffic-Operating 22,218 22,218 Expenses 764.60-Clerk of Court Administration-Traffic-Capital Outlay 627 627' Grand Total 88,196,176 70,943,289 10,598,713 8,108,370 48,852,621 20,770,422 247,469,591 NTuesday, March 05, 2013 Page 7 of 9 Data I mnt Worksheet Report for FYE: 2012, Unit ID: 100031, Indian River` 'vTuesday, March 05, 2013 Page 8 of 9 C aonent Unit Type Total Total Total Debt Revenues Expenditues 300629-Indian River County Emergency Services District Blended in Primary Report $22,927,387 $24,853,009 300630-Solid Waste Disposal District Blended in Primary Report $9,851,588 $10,659,004 ^'Tuesday, March 05, 2013 Page 9 of 9 i - t �ZORIbA COMPREHENSIVE ANNUAL FINANCIAL REPORT Prepared by the Finance Department of the Clerk of the Circuit Court and Comptroller March 19, 2013 MINIM- .., Audit Completion • County's annual audit by Rehmann Robson CPA audit firm completed March 12, 2013 • Unqualified "clean" opinion • No findings or comments for the Board or Constitutional Officers. a�-A - � County Overview • The County-level financial statements (located in the Financial Section of the CAFR) include the BOCC and all five constitutional officers. • Individual statements are included in the Auditor General section of the CAFR. County Level Financial Statements Clerk of Sheriff Supervisor Board of County Property Tax Circuit of Elections Commissioners Appraiser Collector Court r County Net Position (in millions) Gaenmenral Business-ttpe ActMties Act 166 Total Ul2 1f!ll 201'_ ^611 '_O1: 1_011 Orient and e1:zt assets S L'S-S '423 S 10S7 S 107k,S3"4 S ?19. Capital as et 5 4 54' 7 1<'.I Slv' SILS Total assza 366.0 3'-3,.l 1.17S.1 1.161.1 Defer., oaitlo%.r>of re ource 'S g Toil defesai cxi11a1 s 8 g Catrent liat�ilities ']._ '3.6 1?S 1'_.9 34.5 35.6 Outer liabilities 54.(3, 6t},g _ 58.9 109,5 119.' Total liabilities 3-1.46v0 '0.9 1445 Net position Ne,uacement incapral assets 5(9.1 4913, _11H, 21'.9 _0 'Iii.'_ Resticted 111.1 1 ;.4 17.9 14.3 1:9.1 149.' C'nr a3,tczl '6.5 94.9 7C, 61.0 146.S 145.9 Total,eta iti r S K S S 776 S :99,8 S 303,1 S County Change in Net Position 612 301i 2G1' ]0:1 `OS] '?11 - Ftcs[arn rz�znuzs Chu=rs forsm'tcr 4 l:' !6' S :_9 ; 41 S S ''S.6 S `S.b Opn'aing Capital mvns—nbu-- C-1 r«'rnuts. Prupnr,�taxes ,. 'p 3 ... 5 ales 1919.3 Flandu=<feas s6 a. S.d S' State sh.'ed O[htt 1 3 a 4 _ i,tal 1 4 1 197.& 196.3 Enpnsn C<nazl Gr,ttmnrnt 19 i ?7 - - 19 1 1 i _ Rbhc safer; 66 6': - 66_i o'.: _.- Tratsp<rtatimt _23 hamar sn�ces 'S - - '.5 Cuhw'e re�reaion IS.i 16` - - I8.1 16.- Interne and fi—I ah—, 13, S otid'.raste 114 11, 10 4 It 3uil;ans 1 6 1: 1 r T—I I94 [n<r<zse(d<rr<s<7 in net position heforc trau?ins and adjusm:ems Fund Balances/Net Position $350,000,000 $300,000,000 $250,000,000 9/30/2010 $200,000,000 ` l 9/30/2011 $150,000,000 ■9/30/2012 $100,000,000 P $50,000,000h % ` cp d Fund Types —2co- A— 3 Financial Highlights-2012 vs 2011 • General Fund • Decrease in fund balance due to$3M transfer to pay off 2001 General Obligation Bonds (w/o transfer result would be $577K overall gain) • Overall tax revenue down by 6.88% from FY2011 • Special Revenue Funds • Overall tax revenue down by 6.08% from FY2011 • Interest income down • Expenditures increased due to Indian River Transit building, E-911 system improvements, and impact fee refunds Ar MR-4117W Financial Highlights Continued • Capital Projects Funds • Increase in fund balance for future stormwater, road, and recreational projects. • Enterprise Funds • Interest income decrease • Operating expense increase due to landfill engineering costs, utility line maintenance projects • Demolition of two utility package plants resulted in non- operating expense increase Outstanding Debt Issues • Limited General Obligation Bonds, Series 2006 • Spring Training Facility Revenue Bonds, Series 2001 • Water& Sewer Refunding Revenue Bonds, Series 2005 & 2009" • Recreational Revenue Refunding Bonds, Series 2003** *required debt coverage ratio of 1.2x **required debt coverage ratio of 1.0x . %�1 "r,a*+!'�'AI Utility Debt Coverage Ratio 2010 2011 2012 U ff-'1 Chug" Walcr sale' S 13.570657 S 11.565.766 $ 13621,878 Wasl-ale,sales 12.17 i_146 12.203.7;0 12.515.194 other 1 430.966 1629.985 1.727.411 Total unif an'(large' 27.176,969 27.409,i111 27.864683 ScplaguSl9dgc �02.187 314 969 173,616 SOacl,argcs 24.1011 21I i.24i 246,298 Inlcrcsl earnings 686,776 491.2611 315,377 1989/1990 Special assec'nlenls 438 8.718 - 1996 SI—A u5se5snlcnl5 151_216 91.111 7.1137 Grossr"-'——'— 28.76697 x8.163.21111 29.97i.()]I Less Direct-1--s 16,007.05i 11 404 59: 15,657,095 No r,,cn,c,a,;u(able for deb,sepia: $ I?.75i.642 $ 11,158.701 F 13117.926 Annual dcbl scn'iu; Principal $ 2870000 $ 2.990.000 S 3.090000 Inlet's( '_510,91,1 2.324.52i 2J93,450 Tn,l dcbl—,icc pa- nl S 5 180.9111 $ 5,314 52i $ 5.283 450 Dc01 semi''courage 2.17, 2_I8' 2.50, Q16-A- 5 Golf Course Coverage Ratio Less: Net Fisctil Revenues Expenses Available Debt Seti'ice Requirements Year Gross(A) Operathng(S) R,;'etntes prnncipal_ Interest C Total Coverage 2010 3,157,520 2,393.964 763,156 510,000 133.889 643.889 1.19 2011 3,170,572 2,246,881 923,691 520.0(X) 126.302 6-16,302 1.43 2012 ..220,559 2.180,964 1,039,191 531.000 109.301 641,301 1.61 (A)Gross revenues include charges for scr-Oces of the golf course as well as interest income. Insurance recoveries and gaup oil disposal of equipment are exchtded. (B)Operating expenses include all expenses except depreciation,amortization.interest expense.and loss on disposal of equipment. (C)EfTective 1%I/I 1.interest expense inchtdes 3%interest paid on ail intetfimd loan for the purchase of golf carts. Certificate of Achievement For Excellence in Financial Reporting • Award issued by the Government Finance Officers Association • Recognizes annual financial reports that are prepared with the highest standards in government accounting and financial reporting. • Checklist of requirements to receive this award is 81 pages long. i"N",-W Repminp nxi'un xo�,rw�,. I I+mJa • The County has received this award for 29 consecutive years. 72�j�fyplG- •A- 6 Initiative — Becoming Paperless • Moving towards a CAFR distribution that is completely electronic. • Five years ago, 116 paper CAFRs distributed to various local, state, and federal individuals and agencies. • This year, only 26 paper copies have been distributed. All other copies have been provided on CD or through email notification of the website link. • Paperless initiative will continue with a computer system upgrade this summer. Thank you • Thank you to the Finance Department staff, as well as the staffs of the Board and Constitutional officers for all their assistance in preparation of this report • Questions? ;W-A . J \ /1 3 J qNis is / certib ' s 1� I I , I I , I `I I J , is 1 I I / presented I II , 't r ` I r9o� W§tirement,Award ai iID r I Ifor 1 r t Y faithfuf service , 1 a Boardof County Commiss iners for ll, 6C seven I years of service I i On Mis 28th day 1 �i I 2013 \ Christopher X Mora,TE losepfi E. Efescher Direa 1 f' i�I of ft/ Works r�oardqff rousntyv1 1 r r i >.�... r✓yr� ,.. ,.. re�,<- rx.%, r•w.... `� rrss.. r.%%.,, ar �I _ �� .. _.. '�.� `�r'� _. i.•' _ ''�.i :. �.: `mss �., 1. i 41; Giipe AMftr =81031N TZ 123.1 - l PROCLAMATION HONORING MARGARET BEEBE ON HER RETIREMENT FROM E INDIAN RI VER CO UNTY BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS jj ROAD & BRIDGE DIVISION l WHEREAS, Margaret Beebe is retiring from Indian River County Road & Bridge Divisio effective March 28, 2013, and WHEREAS, Margaret Beebe has been employed with Indian River County since November 2005, as a Senior Maintenance Worker and she has continued in that capacity until h retirement; and WHEREAS, Margaret Beebe has served this County and the Public with distinction an se lessness. During her seven years of service, she has been dedicated and her work has bee greatly appreciated by her employer and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNT COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applau Margaret Beebe's efforts on behalf of the County, and the Board wishes to express thei } appreciation for the dedicated service she has given to Indian River County for the last seve years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff eaten heartfelt wishes far success in her future endeavors! Adopted this 19th day 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Jo ph E. Hescher, Chairman l t a till INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator UGH: Christopher R. Mora, P.E., Public Works Director THROUGH: CONSENT FROM: James D. Gray, Jr., Coastal Engineer J p L SUBJECT: Approval of Professional Coastal Engineering and Coastal Environmental Services Agreement, RFQ No. 2012050 DATE: March 8, 2013 DESCRIPTION AND CONDITIONS On August 15, 2012, a Request for Qualifications (RFQ No. 2012050) was advertised in the Vero Beach Press Journal newspaper and on DEMANDSTAR, a nationwide internet-based government bid site. The RFQ was for professional Coastal Engineering and Coastal Environmental services for a variety of future projects that may be authorized by Indian River County. The RFQ was divided into two (2) separate parts... Part 1: Coastal Engineering r Services, and Part 2: Coastal Environmental Services. On December 11, 2012, the Board of County Commissioners approved the selection of one (1) firm for Part 1: Professional Coastal Engineering Services and the selection of one (1) firm for Part 2: Professional Coastal Environmental Services and authorized staff to begin Contract negotiations with the selected firms. The Contracts are for a two (2) years term, with one renewal option of two (2) years upon satisfactory service from each of the selected firms. The selected firms who submitted Professional Services Agreements and fee schedules are: Part 1: Coastal Engineering Services Coastal Planning & Engineering, Inc. (now a CB&I Company), Boca Raton, Florida Part 2: Coastal Environmental Services Ecological Associates, Inc., Jensen Beach, Florida County staff has negotiated fee schedules with the two (2) selected firms. The fee schedules are considered to reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and proposals throughout the duration of the initial term of the contract. F:\Public Works\JamesG\Coastal Engineering and Environmental RFQ--2012-2013\Agreements\Contract Agenda Item\FINAL--Approval of Coastal Engineering Professional Services Contract- BCC agenda memo 3-19-13.docx 29 1*40W Page 2 Consent Agenda Item for 3-19-13 BCC Meeting Coastal Engineering Services RFQ No. 2012050 March 8, 2013 FUNDING Funds for the various beach projects are budgeted and available in the Beach Restoration Fund whose revenue is derived from one half of the proceeds of the levy of the Local Option Tourist Development Tax (3%). Among the accounts that will be used are: Beach Preservation Plan Update, Acct#12814472-033190-06062, Sector 3 Post Construction Monitoring, Acct# 12814472-033490-05054 and Other Contractual Services, Acct#12814472-033490 RECOMMENDATION Staff recommends approval of the attached fee schedules and agreements between the County and 1) Coastal Planning & Engineering, Inc. and 2) Ecological Associates, Inc. and requests the Board to authorize the Chairman to execute the attached agreements. ATTACHMENTS 1. Professional Coastal Engineering Services Agreement (2 copies) with Coastal Planning & Engineering, Inc. 2. Professional Coastal Environmental Services Agreement (2 copies) with Ecological Associates, Inc. DISTRIBUTION 1. Coastal Planning and Engineering, Inc. 2. Ecological Associates, Inc. APPROVED AGENDA ITEM Indian River County Approved Date FOR: March 19, 2013 14 3 Administration BY: Budget ! �� Legal 3443 Purchasing3—IZ—13 Public Works 3— — f3 Coastal Engineering JOG ?15113 F:\Public WorksllamesG\Coastal Engineering and Environmental RFQ--2012-2013\Agreements\Contract Agenda Item\FINAL--Approval of Coastal Engineering Professional Services Contract- BCC agenda memo 3-19-13.docx 30 SOCC 3-19-13 Agenda Item Attachment 1 : Professional Coastal Engineering Services Agreement Coastal Planning & Engineering, Inc. 31 .... CONTINUING CONTRACT AGREEMENT for PROFESSIONAL COASTAL ENGINEERING SERVICES THIS CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Agreement" or "Master Agreement"), entered into as of this day of , 2013 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY") , and COASTAL PLANNING & ENGINEERING, INC. ("Consultant"). BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Florida Statutes Section 287.055, the COUNTY has selected the Consultant to provide certain professional Services ("Services") relating to identifying areas of chronic beach erosion and areas of high potential storm damage and to propose appropriate projects to mitigate the threats. These Services are intended to help the County achieve its mission of identifying areas of chronic beach erosion and areas of high potential storm damage and to propose appropriate projects to mitigate the threats. Such Services are required by the County in accordance with the Indian River County Beach Preservation Plan and state and local requirements related to beach restoration. -- B. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional Services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of Services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not-to-exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional 1 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 32 instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific Services and Consultant indicates a willingness to perform such specific Services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to-Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the Services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of the Initial Term of this Agreement. If the COUNTY exercises its option to extend this Agreement, the Consultant may submit a revised rate schedule for the Extension Term. 1.6 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. -- 2 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 33 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any.of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for �-- the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in 3 F:\Marketing\_Proposals\FIorida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 34 fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the .► modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering, project design, construction phase Services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY �.,, hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub-consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 4 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13—Coastal Engineering Master Agreement 2013-CPE.docx 35 �.. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other Services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project- related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. lft- 5 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13—Coastal Engineering Master Agreement 2013-CPE.docx 36 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of two (2) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of two (2) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the COUNTY. The Consultant shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. 4.2 The time for completion of each Project shall be defined in the Work Order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Werk Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will recommend payment to be made. All payments for Services shall be made to the Consultant by the COUNTY in accordance with the :Local Government Prompt Payment Act, as may be amended from time to time (Florida Statues Section 218.70, , et seq.). 5.1.1 The Consultant shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for Consultant's personnel subject to the limitations of Florida Statutes Section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a Consultant arrives from outside of Indian River County, and where a Consultant maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In 6 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 37 such event, the Consultant shall be paid for the Services already performed and also for Ifts- the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If Services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub-consultant, such additional Services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant shall procure and maintain, for the duration of this Agreement, the insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 7.2.1 Workers' Compensation and Employer's Liability Insurance: Statutory requirements for Worker's Compensation and Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 Business Automobile Insurance: This coverage should include owned, hired and non-owned vehicles at a combined single limit of$300,000 per occurrence. 7.2.3 General Liability Insurance: Commercial General Liability Insurance coverage, including contractual liability and independent contractor, with a combined single limit of$300,000 per occurrence and aggregate 7.2.4 Professional Liability: Professional liability insurance at a limit of$1,000,000. �- 7 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 38 7.3 Consultant agrees to provide the insurance required, written by a carrier .. licensed to do business in Florida. The insurance company selected shall be rated A- VII or better, per the Best's Key Rating Guide. 7.4 Indian River County must be added as an additional insured on all policies described above, except Worker's Compensation and Professional Liability. The certified policies of insurance shall be submitted to the Risk Manager for Indian River County ten (10) days prior to commencement of any work under the Agreement. A certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for Indian River County to be named as additional insured for Business Automobile Insurance and General Liability Insurance for work under the Agreement. 7.5 The COUNTY shall be given thirty (30) days written notification of their intent to cancel or modification of any stipulated insurance. Insurance coverage shall be written on an occurrence basis with a company licensed to do business in the State of Florida. 7.6 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar Services. 8.3 The obligation to provide Services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 39 8.4 In the event that the Consultant merges with another company, becomes a NNW subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH-IN-NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Florida Statutes Section 287.055, as it may be from time-to-time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, Florida. Statues Section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or sub-consultants of the Consultant lft— 9 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13—Coastal Engineering Master Agreement 2013-CPE.docx 40 are in no way to be considered employees of the COUNTY, but are independent `•- contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the 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 or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or •- hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 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. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10 F:\Marketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 41 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Public Works Director. 180127 th Street, Building A Vero Beach, FL 32960 Office: (772) 226-1379 Facsimile: (772)778-9391 Consultant: Coastal Planning & Engineering, Inc. Attn: Thomas Campbell, P.E., D.CE 2481 N.W Boca Raton Blvd Boca Raton, FL 33431 Office: (561) 391-8102 Facsimile: (561) 391-9116 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 11 FWarketing\_Proposals\Florida Counties\Indian River\2012 Indian River County\_Contract-Final 3-8-12\FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 42 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: INDIAN RIVER COUNTY By its Board of County Commissioners By Go don Thomson By Printed name: Joseph E. Flescher, Chairman Title: Director Date Approved by BCC: Date: March 8th, 2013 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By (Seal) Deputy Clerk pproved: eph . Baird unty Administrator Approved as to form and legal su 'c' n y: Alan S. Polackwich, Sr. County Attorney f 12 F:\Marketing\_Proposals\Florida Counties\lndian River\2012 Indian River County\ Contract-Final 3-8-121FINAL 3-6-13--Coastal Engineering Master Agreement 2013-CPE.docx 43 COASTAL PLANNING&ENGINEERING,INC. STANDARD RATE SCHEDULE (January 1, 2013 to December 31, 2013) I. PERSONNEL CLASSIFICATION Rate Principal Engineer............................................................................................. 205.00/hour Expert Witness(Testimony) ............................................................................ 300.00/hour Senior Project Manager.................................................................................... 185.00/hour Project Manager .............................................................................................. 165.00/hour Program Manager........................................................................160.00/hour Senior Coastal Engineer................................................................................... 165.00/hour Coastal Engineer II .......................................................................................... 130.00/hour Coastal Engineer I ........................................................................................... 105.00/hour Coastal Modeler II.......................................................................130.00/hour Coastal Modeler I.........................................................................105.00/hour Certified Inshore Hydrographer........................................................165.00/hour Professional Surveyor&Mapper .................................................................... 125.00/hour Hydrographer ............................................................................. 120.00/hour Project Surveyor..........................................................................120.00/hour Surveyor.................................................................................... 95.00/hour Senior Marine Biologist .................................................................................. 120.00/hour Project Biologist..........................................................................110.00/hour Marine Biologist II ........................................................................................... 105.00/hour �.` Marine Biologist I ........................................................................ 95.00/hour Professional Geologist...........................................................................150.00/hour Project Geologist ....................................................................... .125.00/hour GeologistII ...................................................................................................... I I0.00/hour GeologistI ......................................................................................................... 95.00/hour Senior CAD Operator...................................................................................... 125.00/hour CADOperator ................................................................................................... 90.00/hour GISOperator ................................................................................................... 100.00/hour Boat Captain.............................................................................. 82.00/hour Bookkeeper........................................................................................................ 74.00/hour Clerical............................................................................................................... 68.00/hour 44 STANDARD RATE SCHEDULE (Continued) (January 1,2013 to December 31,2013) II. EQUIPMENT Rate Truck(2WD road use).................................................................. $0.565/mile Truck(4WD beach use)...................................................................................... 110.00/day Survey Boat(28 ft. Parker).............................................................................. 1,050.00/day Survey Boat(24 ft. Privateer)............................................................................ 790.00/day SurveySea Sled.................................................................................................. 310.00/day AllTerrain Vehicle ............................................................................................ 105.00/day Enclosed18" Trailer............................................................................................. 78.00/day TrimbleRTK GPS .............................................................................................. 495.00/day Trimble Differential GPS.................................................................................... 415.00/day Leitz Total Station w/Data Collector.................................................................. 130.00/day Hand Laser Range Finder ................................................................15.00/day RangeAzimuth System....................................................................................... 310.00/day Odom Hydrotrack Sounder................................................................................ 165.00/day Heave,Pitch, Roll Compensator........................................................................ 215.00/day Odom ES3PT Multibeam ...............................................................600.00/day Speed of Sound Velocity Meter........................................................................... 63.00/day Hypack/DredgePack Navigation System............................................................ 260.00/day Hypack/Hysweep .........................................................................260.00/day Nortek AWAC ADCP high frequency deepwater wave height,direction and current profiler .................................................................................................................. 5,000.00/month * �. Nortek Aquadopp ADCP low frequency shallow water wave height, direction and current profiler ..................................................................................................... 2,900.00/month * Nortek Storm Software for wave and current data processing............................. 50.00/day Primer statistical package.................................................................$200/project X-STAR CHIRP 5121 Seismic Profiling System............................................. 1,150.00/day Seismic Profiler Thermal Printer........................................................................ 130.00/day Sonar Wizard Map Seismic Data Processing Package....................................... 155.00/day Edgetech 4200 FS Sidescan Sonar System......................................................... 695.00/day Sonar Wizard Map Sidescan Data Processing Package...................................... 155.00/day Geometric G-881 Magnetometer........................................................................ 215.00/day Schonstedt GA-52B Magnetic Locator................................................................. 30.00/day JetProbe with Pump ............................................................................................. 55.00/day UnderwaterTide Gauge...................................................................................... 175.00/day Nikon Level/Tripod/Rod ...................................................................................... 65.00/day PC PowerPoint Projector...................................................................................... 50.00/day LietzHandheld Level........................................................................................... 10.00/day OpticalReading Compass...................................................................................... 10.00/day GarminHandheld GPS ........................................................................................... 10.00/day Turbidimeter......................................................................................3 8.00/day 45 STANDARD RATE SCHEDULE (Continued) (January 1, 2013 to December 31,2013) SCUBATanks (Nitrox).........................................................................................19.00/day DigitalCamera...................................................................................................... 10.00/day Underwater Camera ........................ ............................................................ 2.00/day Underwater Camera W/Strobes......................................................:....75.00/day Underwater Seadrop Integrated Camera................................................30.00/day UnderwaterVideo Camera ..................................................................................115.00/day GPS Integrated Underwater Video Camera.........................................................435.00/day UnderwaterScooter.............................................................................................. 50.00/day SieveAnalysis................................................................................................. 75.00/sample CarbonateAnalysis......................................................................................... 65.00/sample Monuments ......................................................................................................... 28.00/each SurveyDisk......................................................................................................... 15.00/each ... Dry Suit................................................ 15.00/day .............................................................. PonarSampler....................................................................................................... 30.00/day Microscopes.......................................................................................................... 20.00/day MobileTelephone................................................................................................. 10.00/day Penetrometer........................................................................................................ 55.00/day Generator............................................ ................ a ...................... 60.00/day * ADCP monthly cost may be pro-rated for shorter periods of use 46 STANDARD RATE SCHEDULE (Continued) (January 1, 2013 to December 31, 2013) III. SCUBA DIVING SERVICES Rate Equipment&Insurance.............................................................................$75/diver/day ** ** Charge in addition to normal hourly rates for personnel listed on Page 1. IV. NUMERICAL MODELS Rate ADCIRC Tidal Circulation Model ................................................ $1,000/project BOUSS 2D WAVE-Wave Refraction/Diffraction Model.................... $1,000/project MIKE21-NSW Spectral Wave Transformation Model ........................ $2,000/project MIKE21-HD 2D Current Simulation Model................................... $2,000/project MIKE21- ST 2D Sediment Transport Model.................................... $2,000/project DELFT 3D WAVE- SWAN Wave Refraction/Diffraction Model.......... $1,000/project DELFT 3D FLOW- 2D Hydrodynamic Model ................................. $2,200/project DELFT 3D MORPHO -Morphodynamic Model............................. $3,000/project DELFT 3D WAQ—Water Quality Model ....................................... $2,000/project V. REPRODUCTIONS Rates Photocopies—Black&White 81/2"x 11" and 8 %2"x 14".......................................................................$0.10/page 11" x 17"..................................................................................................$0.15/page HeavyBond ............................................................................................$0.30/page CoverStock .............................................................................................$0.50/page Photocopies—Color 8 %"x 11" and 8 1/2"x 14".......................................................................$0.50/page 11" x 17"..................................................................................................$0.75/page HeavyBond ............................................................................................$1.00/page CoverStock.............................................................................................$1.00/page CAD Plotter Copies 8 %2"x 11" and 8 '/z"x 14".......................................................................$1.00/each 11" x 17"..................................................................................................$2.00/each 24" x 36"..................................................................................................$3.00/each VI. APPROVED SUB-CONSULTANTS (management fee).............................. 10% of cost VII. DIRECT COSTS (handling fee)..................................................................... 10% of cost 47 yw.. BOCC 3-19-13 Agenda Item Attachment 2: Professional Coastal Environmental Services Agreement Ecological Associates, Inc. 48 �... CONTINUING CONTRACT AGREEMENT for PROFESSIONAL ENVIRONMENTAL SUPPORT SERVICES THIS CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Agreement" or "Master Agreement"), entered into as of this day of , 2013 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY") , and Ecological Associates, Inc. ("Consultant"). ' BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Florida Statutes Section 287.055, the COUNTY has selected the Consultant to provide certain professional environmental support Services ("Services"). for coastal engineering projects, annual permit required monitoring, and updates to the County's Habitat Conservation Plan for the protection of sea turtles. Such Services are required by the County in accordance with the Indian River County Beach Preservation Plan, Habitat Conservation Plan and state and local requirements related to beach restoration. �— B. The Consultant is-willing and able to perform the Services for the COUNTY on the terms and conditions set-forth below; and C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional Services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of Services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not-to-exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional `— 1 C:\Users\Bob.EAIlAppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 49 instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific Services and Consultant indicates a willingness to perform such specific Services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to-Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the Services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of the Initial Term of this Agreement. If the COUNTY exercises its option to extend this Agreement, the Consultant may submit a revised rate schedule for the Extension Term. 1.6 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. ti•- 2 C:\Users\Bob.EAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 50 2.2 The COUNTY shall arrange for access to, and make provisions for the 140 Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in -- 3 C:1Users\Bob.EAI\AppData\LocalUicrosoft\Windows\Temporary Internet FileS\OLK40521FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 51 fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional environmental support Services for coastal engineering projects, annual permit required monitoring, and updates to the County's Habitat Conservation Plan for the protection of sea turtles, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub-consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. �— 4 C:1Users\Bob.EAIWppData'Local\Microsoftlwindows\Temporary Internet Files10LK40521FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 52 3.10 The Consultant will cooperate and coordinate with other COUNTY 1460.- consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information; maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other Services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project- related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the environmental firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. — 5 C:1Users\Bob.EAllAppData\LocallMicrosoftlWindows\Temporary Internet FileslOLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 53 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of two (2) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of two (2) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the COUNTY. The Consultant shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. 4.2 The time for completion of each Project shall be defined in the Work Order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will recommend payment to be made. All payments for Services shall be made to the Consultant by the COUNTY in accordance „*nW with the Local Government Prompt Payment Act, as may be amended from time to time (Florida Statues Section 218.70, et seq.). 5.1.1 The Consultant shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for Consultant's personnel subject to the limitations of Florida Statutes Section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County where a Consultant maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for I-wa_ 6 C:\Users\Bob.EAI\AppData\LocaiNicrosofit\Windows\Temporary Internet Fiies\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 54 the Services remaining to be done and not reduced or eliminated, upon submission of ,,,IAW invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If Services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub-consultant, such additional Services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant shall procure and maintain, for the duration of this Agreement, the insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 7.2.1 Workers' Compensation and Employer's Liability Insurance: Statutory requirements for Worker's Compensation and Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 Business Automobile Insurance: This coverage should include owned, hired and non-owned vehicles at a combined single limit of$300,000 per occurrence. 7.2.3 General Liability Insurance: Commercial General Liability Insurance coverage, including contractual liability and independent contractor, with a minimum combined single limit of$300,000 per occurrence and aggregate. 7.2.4 Professional Liability: Professional liability insurance at a minimum limit of $1,000,000. 7 C:\Users\Bob.EAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 55 7.3 Consultant agrees to provide the insurance required, written by a carrier *low licensed to do business in Florida. The insurance company selected shall be rated A- VII or better, per the Best's Key Rating Guide. 7.4 Indian River County must be added as an additional insured on all policies described above, except Worker's Compensation and Professional Liability. The certified policies of insurance shall be submitted to the Risk Manager for Indian River County ten (10) days prior to commencement of any work under the Agreement. A certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for Indian River County to be named as additional insured for Business Automobile Insurance and General Liability Insurance for work under the Agreement. 7.5 The COUNTY shall be given thirty (30)_days written notification of their intent to cancel or modification of any stipulated insurance. Insurance coverage shall be written on an occurrence basis with a company licensed to do business in the State of Florida. 7.6 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar Services. 8.3 The obligation to provide Services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. ... 8 C:\Users\Bob.EAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\01-1<4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAi.docx 56 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH-IN-NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were ,r increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Florida Statues Section 287.055, as it may be from time-to-time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, Florida Statutes Section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or sub-consultants of the Consultant •..� 9 C:\Users\Bob.EAIWppData\Local\MicrosoR\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 57 are in no way to be considered employees of the COUNTY, but are independent ",. contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the 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 or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 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. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. �-- 10 C:\Users\Bob.EAItAppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAI.docx 58 **,AW 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Coun Indian River County Attn: Public Works Director. 1801 27th Street, Building A Vero Beach, FL 32960 Office: (772) 226-1379 Facsimile: (772)778-9391 Consultant: Ecological Associates, Inc. Attn: Robert G. Ernest P.O. Box 405 Jensen Beach, FL 34958 Office: (772) 334-3729 Facsimile: (772) 334-4925 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement �.. 11 C:\Users\Bob.FAl\AppData\Local\Microsoft\Windows\Temporary Internet FileS\OLK4052\FINAL 3-6-13 Coastal Environmental Master Agreement 2013-EAi.docx 59 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Cons,,-Qultant: (insert n e) INDIAN RIVER COUNTY d.ettA X4� rY,. By its Board of County Commissioners By � ��.t a. Etta S-� By Printed name: Joseph E. Flescher, Chairman Title: C S t0 L-11 W-r Date 0-:>1r>V L5 Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By (Seal) Deputy Clerk Approved: (� -.11 0 alai J eph A Baird 0 unty Administrator Approved as to form and legal suffc' ncy: _X `Alan S. Po ckwich, Sr. County Attorney ••- 12 C:\Users\Bob.EAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4052\FINAL 3-6-1.3 Coastal Environmental Master Agreement 2013-EALdocx 60 EXHIBIT 1 CONTINUING CONTRACT AGREEMENT for PROFESSIONAL ENVIRONMENTAL SUPPORT SERVICES ECOLOGICAL ASSOCIATES, INC. RATE AND FEE SCHEDULE 1) Personnel(Hourly Rates,Inclusive of Overhead and Profit): Title Rate Principal(President/Scientific Director) $105.60 Project Manager $96.00 Associate Scientist $124.80 Senior Scientist II $84.60 Senior Scientist I $76.80 Biologist II $72.75 Biologist I $63.05 Lab/Field Technician $47.50 Scientific Diver $168.00 2) Equipment Usage Fees: �. Boat Fees: 16-18ft EAI vessel- $400/day(operations exclusive of crew) 19-25ft EAI vessel-$650/day(operations exclusive of crew) Leased Vessel—Cost plus$150/day(insurance coverage and operations) Diving Operations (gear, safety plan,and operational expenses, excluding personnel) - $175/person/day Precision GPS (sub-meter accuracy)- $250/day Other Equipment Usage Fees—Quoted on project-specific basis 3) Travel: Mileage(Applicable GSA mileage rate) $ 0.55/mile (current) Per diem(Quoted on project-specific basis): Cost 4) Direct Expenses: Cost 5) Sub-contractors: Cost Plus 8% 61 INDIAN RIVER COUNTY, FLORIDA 2 MEMORANDUM TO: Joseph A. Baird, County Administrator • FROM: Christopher R. Mora, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) and Authorizing Resolution for Landscape Maintenance on One and One-half Miles of SRA1A Along the Moorings Community DATE: March 5, 2013 DESCRIPTION AND CONDITIONS The Moorings of Vero Beach, a residential community at the southern end of Indian River County, desires to install landscaping, at the Moorings expense, along A1A to match the landscaping installed by FDOT across from Mangrove Drive in 2011. The plans and documents for this effort will conform to FDOT standards and specifications and the installation will adhere to FDOT safety regulations. The FDOT requires local agencies such as the County to maintain landscaping along State �-- roads and the attached MMOA obligates the County to maintain the landscaping after installation. The Moorings Property Owners Association (MPOA) intends to supply all landscaping material and perform all installation and maintenance associated with the landscaping they wish to install. The MPOA will enter into a Commitment of Landscape Maintenance with Indian River County which will obligate them for continued, on-going maintenance of all the landscaping they install. ALTERNATIVES The Alternatives are as follows: Alternative No. 1 Approve the following: 1 FDOT MMOA 2 Authorizing Resolution for Landscape Maintenance 3 Commitment of Landscape Maintenance Alternative No. 2 �.— Deny items 1 through 3 above and instruct the MPOA not to install landscaping FAPublic Works\Luanne M\Agenda Items\FDOT\FDOT SRA1A Landscape Maint MOA BCC Agn 03-19-13.doc 62 Page 2 FDOT Landscape Agreement SRA1A along the Moorings Community March 5, 2013 FUNDING There is no funding necessary by Indian River County;the MPOA commits to all landscape materials, installation and maintenance costs. RECOMMENDATIONS Staff recommends Alternative No. 1, approval of the following items: 1 FDOT MMOA 2 Authorizing resolution for landscape maintenance 3 Commitment of Landscape Maintenance ATTACHMENTS MMOA Authorizing Resolution Moorings Commitment of Landscape Maintenance DISTRIBUTION MPOA APPROVED AGENDA ITEM FOR 03/19/13 Indian River County Approved Date t� Administration BY Budget 311203 Legal 3-11- 13 Risk Management ,(�!/ 03-dS-ls Public Works C/y� 3 e l3 FAPublic Works\Luanne M\Agenda Items\FDOT\FDOT SRA1A Landscape Maint MOA BCC Agn 03-19-13.doc 63 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT FOR SRA1A ALONG THE SOUTHERN ONE AND ONE-HALF MILE MOORINGS CORRIDOR WHEREAS, the Moorings Property Owners Association (MPGA) wishes to install landscaping improvements on SRA1A along the southern one and one-half mile Moorings Corridor; and WHEREAS, SRA1 A falls under the jurisdiction of District Four of the Florida Department of Transportation; and WHEREAS, in consideration of the MPOA's installation of landscaping improvements the Department wishes Indian River County to maintain the installed landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute District Four Maintenance Memorandum of Agreement as described above. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Appr s t or L g I sufficiency By K :* William K. _Braa Deputy County Attorney FAPublic Works\Luanne M\Resolutions\SRA1A MOA resolution 01-16-13.doc 64 SECTION NO.: 88070 PERMIT NO: 2012 L 490 0001 COUNTY: Indian River S.R. NO.: AlA DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 8 day of October, 2012, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, a political subdivision existing under the State of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road AIA as part of the State Highway System; and WHEREAS,the AGENCY Seeks to install or have installed certain landscape improvements and maintain said improvements within the right-of-way of State Road A 1 A as described with Exhibit B; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has constructed and does maintain the highway facility as described in Exhibit A, attached hereto and incorporated by reference herein; and WHEREAS,the AGENCY is of the opinion that said highway facilities that contain landscape areas outside of the travel way to the right of way line, including standard and non standard concrete sidewalk, and irrigation shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or replacements, and inside the travel way if relevant; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and .WHEREAS, the AGENCY by Resolution , duly attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so, 1 65 NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities as specified in plans and specifications, hereinafter referred to as the Project, and incorporated herein as Exhibit B. "Hardscape" shall mean only any irrigation system, and shall not include any brick pavers, non- standard roadway, standard or non-standard sidewalk, median or crosswalk surfacing (such as, but not limited to, interlocking pavers, concrete pavers, stamped asphalt or stamped concrete); and any decorative free standing wall. These particular items have not been added to the Project and all sidewalks are existing. (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice prescribed by the International Society of Arboriculture (ISA); all plant materials installed shall be Florida #1 or better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet Florida Power& Light,Right Tree, Right Place,South Florida. (b) Trees and palms within the right-of-way shall be pruned to discourage encroachment into roadways, clear zones and sidewalks. Definition of these criteria is included in the most current editions of FDOT Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System. (c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree pruning techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the American National Standard Institute (ANSI) Part A-300 and when in Broward County be licensed by Broward County Environment Protection Department to perform this work. (d) Irrigation installation and maintenance activities shall conform to the standards set forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and Specifications for Turf and Landscape Irrigation Systems. (e) When the AGENCY is installing the Project and irrigation is to be installed, the DEPARTMENT shall be provided accurate as-built plans of the system so if in the future there is a need by the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible. (f) If it becomes necessary to provide utilities (water/electricity) to the median or side areas, it shall be the AGENCY responsibility to obtain a permit for such work through the local maintenance office and the AGENCY shall be responsible for all associated fees 2 66 ,*.. including monthly billing for the installation and maintenance of these utilities. (g) The AGENCY is solely responsible for the relocation, maintenance, repair and replacement of the drainage and electrical facilities within the property shown on Exhibit B, if any, and shall include all pipes, culverts, outfalls and conservation areas in perpetuity; said obligations are to run with the land. All hardscape shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement Institute DCPA (h) All activities, including project installation and future maintenance operations performed on State highway right-of-way,must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards Specifications for Road and Bridge Construction, Index 600 Series, FDOT Maintenance Rating Program (MRP), and US DOT regulations (49 CFR part 27) implementing Section 504 of the Rehabilitation Act (29 U.S.C. 794). The FHWA has specific American with Disabilities Act (ADA) policies for statewide planning in 23 CFR 450.220(a) (4), for metropolitan planning in 23 CFR 450.316 (b) (3), and the NEPA process in 23 CFR 771.105 (f). These regulations require application of the ADA requirements to Transportation Enhancements Activities. (i) The most current edition of FDOT Design Standards, Index 546 must be adhered to. 0) Horizontal Clearance and Clear Zone as specified in the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 and FDOT Design Standards, Index 700 must be adhered to. (k) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Rule Chapter 14-40, Part 1 and Part III, Florida Administrative Code [F.A.C.]). (1) The AGENCY may contact the DEPARTMENT at local FDOT Operation Center, Peter Southard 3601 Oleander Ave. Fort Pierce, Florida 34958. The twenty-four (24) hour telephone number for Peter Southard is (772) 489-7091. The DEPARTMENT may contact the AGENCY at Indian River County / Public Works, 1801 27th Street, Vero Beach, Florida 32960, Christopher Mora 772-226-1234. The AGENCY shall notify the local maintenance office forty-eight(48) hours prior to the start of the Project. (m) If there is a need to restrict the normal flow of traffic, it shall be done on off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the project. The DEPARTMENT'S Public Information Office shall also be notified. 3 67 (n) The AGENCY shall be responsible for assuring that any existing utilities within the Project limits are not impacted. If any utilities are impacted the AGENCY shall remain responsible for obtaining all applicable permits or agreements from the utility applicable. (o) The AGENCY shall follow the minimum level of maintenance guidelines as set forth in FDOT'S Rule Chapter 14-40 Highway Beautification and Landscape Management, in the FDOT Guide to Roadside Mowing and Maintenance Management System, and Exhibit C Maintenance Plan for maintenance activities for landscape projects. 2. The AGENCY agrees to maintain the landscape improvements as defined as: plantings, irrigation, and/or hardscape areas outside the travel way to the right of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk edging, litter pickup and _necessary replanting, sweeping and/or repair following the DEPARTMENT'S landscape safety and plant care guidelines and Exhibit C Maintenance Plan. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain means the proper watering and fertilization of all Project plants and keeping them as free as practicable from disease and harmful insects; properly mulching the planting beds; keeping the premises free of weeds; mowing the grass to the proper height; properly pruning all plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage or for those using the roadway and or sidewalk; (3) preventing any other potential roadway hazards. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, shrubs, groundcover and sod. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means keeping the hardscape areas free from weeds and repairing said hardscape as is necessary to prevent a safety hazard. To maintain also means keeping litter removed from the Project. If it becomes necessary to provide utilities (water/electricity) to the Project, all costs associated with accent lighting and irrigation installation, maintenance, fees and connections as well as on-going cost of the utility are the AGENCY'S responsibility. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the 4 68 `a - DEPARTMENT. 3. If at any time after the AGENCY has undertaken the installation of the landscape and/or other improvements and/or maintenance responsibility mentioned above, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the improvements or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for the reasonable cost of such expenses incurred, or (c) Terminate this Agreement in accordance with Paragraph 6 of this Agreement, and remove, by DEPARTMENT or private Contractor's personnel, all of the landscape improvements installed under this Agreement or any preceding Agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said improvements after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY responsibility. 5. THE AGENCY at its own expense and by permit shall install the landscape improvements described in Exhibit B. The DEPARTMENT shall be invited to assist the AGENCY in final inspections before acceptance of the job by the AGENCY. The DEPARTMENT shall approve the job provided it complies with the permit. 5 lft . 69 6. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten(10) days' written notice to the AGENCY. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement, after ten (10) days' notice to the AGENCY. (c) By the AGENCY, in its discretion, upon thirty (30) days' written notice to the DEPARTMENT accompanied by the AGENCY's written agreement, at its sole cost and expense, to promptly restore the Project area, as nearly as reasonably practicable, to its condition prior to the Project, such restoration to be subject to the reasonable approval of the DEPARTMENT. 7. The term of this Agreement commences upon execution. 8. The AGENCY is a political subdivision as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees. Nothing in this Agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party such that liability is extended beyond the limitations established by law. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (a) The AGENCY's contractor shall, at all times prior to completion of the Project and during the performance of any maintenance required pursuant to Paragraph 3, keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of$1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name DEPARTMENT as an additional insured. (b) The AGENCY's contractor shall furnish the AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to 6 70 the beginning performance of work under this Agreement. (c) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY's contractor is completed. All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 9. The AGENCY may construct additional improvements within the limits of the rights-of- ways identified as a result of this document, subject to the following conditions: (a) Plans for any new improvements shall be subject to approval by the DEPARTMENT'S District Maintenance Engineer or his designee. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permit from the DEPARTMENT. (c) All improvements shall be developed and implemented in accordance with appropriate state safety and design standards; (d) The AGENCY agrees to comply with,the requirements of this Agreement with regard to any additional improvements installed at no cost to the DEPARTMENT. 10. The AGENCY: (a) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of this Agreement; and (b) shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, 7 71 nor enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of this Agreement and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation Indian River County 3400 West Commercial Blvd. 180127 Street Fort Lauderdale, Florida 33308-3421 Vero Beach, Fl. 32960 Attention: District IV Maintenance Engineer Or his designee Attention: Christopher Mora 772-226-1234 8 72 17. LIST OF EXHIBITS Exhibit A: Project Location(See Sheet LA-1) Exhibit B: Project Plans (See Sheets LA-2 thru LA-4) Exhibit C: Maintenance Plan(See LA-4 Maintenance Plan) IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Transportation Attest: Secretary (SEAL)(SEAL) Attest: Executive Secretary Legal Approval Date APPROVED AS TO FORM ANDWLGA SUFFICI BY Office of theGeneral of the General4DEBRAAAL Counsel DEPUTY COUNTY ATTORNEY 9 73 SECTION NO.: 88070 PERMIT NO.: 2012 L 490 0001 COUNTY: Indian River S.R. NO.: AIA EXHIBIT A I. PROJECT LOCATION: State Road A 1 A from Spyglass Lane(M.P. 2.084) to Moorings Golf Maintenance Entrance (M.P.2.897) II. PROJECT LIMITS OF MAINTENANCE: State Road Al A from Spyglass Lane(M.P. 2.084) to Moorings Golf Maintenance Entrance (M.P.2.897) NNW III.PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES: _ U 2 The Moorings T � 3 a 0 River Golf course fir°° � ) s w--- ��__ n -----� — igtl sumMew ----... " T 9ombrhdi Wmdwand Q , pp N V N.T.S. z 74 r.. SECTION NO.: 88070 PERMIT NO.: 2012 L 490 0001 COUNTY: Indian River S.R. NO.: AlA EXHIBIT B PROJECT PLANS The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: _Intuitive Design Group Dated: August 28, 2012 75 SECTION NO.: 88070 PERMIT NO: 2012 L 490 0001 COUNTY: Indian River S.R. NO.: AlA EXHIBIT C MAINTENANCE PLAN Landscape Improvements Project State Road No(s): AIA, Project Limits: Spyglass Lane to Moorings Golf Maintenance Access Maintaining Agency: Moorings HPOA RLA of Record: Michael Sapusek # Cert. No. 676 Date: August 28, 2012 ------------------------------------------------------------------------------ I. General Maintenance Requirements and Recommendations: The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and .. conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. I, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction as amended by contract documents; and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. Watering Requirements: Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. Irrigation System: The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while — Page 1 of 6 76 adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system �- shuts down when there is sufficient rainfall. Integrated Plant Management: An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated pest management program is encouraged to ensure healthy plants,which are free of disease and pests. Mulching: Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants; protect against soil erosion and nutrient loss; maintain a more uniform soil temperature; and improve the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. Pruning: All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute ANSI A300 standards and shall be supervised by an International Society of Arboriculture (ISA)Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms(with particular attention to fronds and fruit) r..- must be maintained to prevent potential roadway and pedestrian hazards. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants are noted on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines). The understory plant materials selected for use within the restricted planting areas(Limits of Clear Sight) of the medians are to be maintained at a height in compliance with FDOT Design Standards Index 546, Page 6 of 6, Window Detail.Vertical tree heights must meet FDOT Maintenance Rating Program(MRP) standards. Staking and Guying; All staking materials, except for replacements, are removed by the completion of FDOT warranty period or at one year(whichever comes first).Any subsequent staking and guying activities by the Agency must adhere to FDOT Design Standards guidelines(See Index 544). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. Turf Mowine• All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep,healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts: mowing, curb/sidewalk edging, and turf condition must meet FDOT Maintenance Rating Program(MRP). Litter Control: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP)standards. Page 2 of 6 77 Weeding/Herbicide: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. Plant Replacement: Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardscape(Specialty Surfacing): All specialty surfacing and tree grates shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape(Non-Standard Travelway Surfacing): It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement,caused or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right-of-way within the limits of this Agreement. Pavement restoration areas or"patches"will have a minimum length of 10-ft, measured from the edge of the header curb,and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel,post,and base. Hardscape(Landscape Accent Lighting) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Maintenance of Traffic Control Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and/or new installations of this DOT roadway. Website: Series 600 Traffic Control through Work Zones http://www.dot.state.fl.us/rddesigW'Td/rtds/I 0/600.pdf Vegetation Management at Outdoor Advertising(ODA) .. Page 3 of 6 78 To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Website: FDOT Outdoor Advertising Database http•//ww-,v2 dot state flus/ri htg ofway/Default.aspx Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs for the Florida Statutes and Administrative Codes related to Vegetation Management at Outdoor Advertising Signs and Permit Applications for Vegetation Management and Outdoor Advertising Signs determining Mitigation Value of Roadside Vegetation. Website: FDOT Environmental Management office for Landscape Architects http://www.dot.state.fl.us/emo/beauty/FLA.shtm II. Specific Project Site Maintenance Requirements and Recommendations: (This section is reserved for the R.L.A. of Record to inform the Agency of specific information to maintain the design intent. As a way of guiding maintenance personnel, the landscape architect's intent for selecting and placing each plant type, and the anticipated care to ensure the design intent should be noted in the maintenance plan using performance language. Intent may be: screening objectionable views, use of seasonal color, erosion control, enhancing drainage ponds, framing a view or vista, natural area restoration, etc. Intended maintenance may be: to maintain full to ground foliage, maintain natural habit, maintain clear trunk per FDOT safety criteria, etc). Page 4 of 6 79 REFERENCES This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. Accessible Sidewalk Videos(ADA) http://www.access-board.gov/news/sidewalk-videos.htm Americans with Disabilities Act(ADA)(ADAAG) http://www.ada.gov[NPRM2008/adastandards/adastdsO8.pdf American National Standard Institute,ANSI A300, (Part I)for Tree Care Operations—Trees, Shrub, and Other Woody Plant Maintenance—Standard Practices (Pruning), available for purchase http://www.treespecialists.<,oi-n/pdfs/pruningstandards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants, available for purchase littp://www.doacs.state.fl.us/pi/pubs.htm I Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2007 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www2.icesafe.org/states/florida codes/ Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance ` ► and Utility Operations on the State Highway System, Index 544 Landscape Installation littp://www.dot.state.fl.us/rddesign/rd/RTDS/I 0/544.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at Intersections http://www.dot.state.fl.us/rddesign/rd/R,rDS/I 0/546.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 600 Traffic Control through Work Zones http://www.dot.state.fl.us/rddesign/rd/rtds-/10/600.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets http://www.dot.state.fl.Lls/rddesig n/rd/RTDS/10/700-adf Florida Department of Transportation, FDOT Plans Preparation Manual (PPM Vol. I Chapters 2.11.5, Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Clear Zone; Figure 4.1.2 Clear Zone; and Table 25.4.1 LI Clear Zone Width (feet) and Table 25.4.14.6(for existing) trees http://www.dot.state.fl.us/rddesign/PPMMajival/2009Nolume 1/zChap02.pdf Florida Department of Transportation,FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation ftp://ftp.dot.state.fl.us/LTS/CO/Specif-icatioiis/SpeeBook/201 OBook/580.pdf Page 5 of 6 80 Florida Department of Transportation,Landscape Architecture`Website http.//www.dot.state.fl.us/emo/beauty/FLA.shtm Florida Department of Transportation,Maintenance Rating Program Handbook http://ombnet.dot.state.fl.us/procedures/bin/850065002.pdf Florida Department of Transportation,Maintenance Rating Program Standards http•//www.dot.state.fl.us/statemaintenanceoffice/MRPHandbook2009Final.pdf Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/ri htg ofway/Default.aspx Florida Irrigation Society http//www.fisstate.or Guide to Roadside Mowing and Guide to Turf Management, available for purchase http•//infonet.dot.state.fl.us/SupportServicesOffice/plist.htm Interlocking Concrete Pavement Institute(ICPI) littp://www.icpi.or / International Society of Arboriculture(ISA) www.isa-arbor.com U.S. Department of Transportation, Federal Highway Administration,Manual on Uniform Traffic Control Devices "r- http://www.mtitcd.fbwa.dot.gov Florida Power and Light(FPL),Plant the Right Tree in the Right Place www.FPL/trees .... Page 6 of 6 81 p Moorings Bay ///n U� Treasure Cove For Planting Along S.R. A-1-A d � n T 4 titin � (See Sheets LA-2,LA-3,LA-4) .I1.D G,. .. a ®0 Elorpo�se Bay _ Compass Cove 4 Cutlass Cove � y u d' —fI Golf Maintenance 03 Bowline Dave , —` Existing DOT vim'_ S e Entrance •0 Planting G l f Cour o n o r , Qsem' t�.t.. �� E X 1St 1 g ��� oo River Mews o o e 0 p Oceanside I V a - - NO a`�i (See Sheets LA-4) Q o a (See Sheets LA-3) P °' (See Sheets LA-2) Graphic Scale Sao o iso Wo soo Iwo AtRanta' c Ocean (In Peet) b shay: LP-1 a OF Awr coW Na River Mews I D G .................................. ------- ------- ......... ............. . ........... Exis 9 VegetaiOn .............. x Ung is vegetaion G :aphic Scale 68 0 11 b-3(IF— D=; > 68 starboard Dri v e Is ---- ----------- ---- —---- & State Road A - 1 - A Ou > WWI Aff) ............ .................. mm'rn.1-.1.11,.ii..-t I.,�,. i�11 r,�11 ......... Dam: Norfolk Pine Lane 1r-b-V NU .12 Filisfing Vewrouo wool i; Sheet IF LA-2 Of:Potu 00 W Starboard Drive x 5-CbbWhlm a-W-,MT4 5.0 bbwP.I., S t ate R a d A J ....k X' "AD Cd Jill SP—W All G.Pw.S..k (Fn F�) I Ih 30 RW I............ .......... ...... ...... t-� ----- t•'• �`' l` O �' of CC= Y'Y"—r— s tat e R 0a dA A ------------ Shme LA-3 �IOf:Four Wo J�Ik- Mai •� �ALN"'^.w O � ' IDG -------------- A, State ROad A- J. A ,1.F_ o-�15714 C�Myrda(kAkwdwFd, Plant List Key Qty. SdwffdCmmw Nzato HL Spr. Remarks Skh0ed—Ud owy-O 'a 0 I,r • Tree/Palm Spacing Detail .2 u -..w vr� u Not To Scala M—,R rAvbac ScaleRLL J > & 4 11.1.3300"Maintenance Plan =-M- 1.Mavring Schedule 0 Llrarmrorard.apnr n bw. dAaBb=..Ad I F-Wir—Schett =9=14 7.Mdrlliog Schedule 3. ...L hdgW=SdwdWe IC 4. 1 3.51 er Tree Staking Detail W A%U Not To Scale Use For AW=dor Palms And Crepe Myrtles S.Peat CoMW Schedolc Date: lo. =72ZIT spw— bw.5pbyAW= L" 4= 4 :MP= b. 6. Z=ALp..=b. d0b—q�;. pw-4�.d� aimrt •Groundcover/Shrub Planting Detail b== Not TO Scale a OE Pour Co C—n BOARD OF COUNTY COMMISSIONERS "" 180127th Street, Vero Beach, Florida 32960 Telephone:772-567-8000 FAX: 772-778-9391 �LaR1�p' COMMITMENT OF LANDSCAPE MAINTENANCE This letter is to confirm a commitment by the Moorings Property Owners Association (MPGA) (Maintaining Agency) to maintain all landscape materials including pest control, fertilizing and tree maintenance which they have furnished and installed per FDOT Permit No. 2012 L 490 0001, on SRA1A along the southern one and one-half mile Moorings Corridor. This Commitment of Landscape Maintenance is directed to Indian River County, contingent upon review and acceptance of the design plans and final construction documents by the Maintaining Agency. The Maintaining agency will verify continuing and on-going maintenance of all the landscaping they install and insure that the installation will adhere to FDOT safety regulations. Christopher R. Mora, P.E. O e_0 t, 9 e In r my Maint fining Agency Repr entative(Print) Signature Signature -�-� ovr��ny� dF 1/2" bvkeys' C i Public Works Director Date Title BOARD OF COUNTY COMMISSIONERS 3 G INDIAN RIVER COUNTY, FLORIDA Date By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk App v s t or a d e l sufficiency BY Willi m K.P114V 4Z DeBraal Deputy County Attorney F:\Public Works\Luanne M\Agenda Items\FDOT\FDOT SRA1A Landscape Maint Moorinqs Aqr 03-19-13.doc 86 CONSENT Indian River County Inter-Office Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: March 11, 2013 Subject: Children's Services Funding Allocation for Fiscal)164 2013/2014 From: Jason E. Brown Director, Management & Budget Description and Conditions The County Administrator is recommending that the Board approve the allocation for Children's Services agencies at $623,890 for fiscal year 2013/14. This amount is the same allocation as awarded for the current fiscal year 2012/2013. Recommendation Staff recommends that the Board of Commissioners approve funding for Children's Service agencies at the current fiscal year allocation of$623,890 for fiscal year 2013/2014. Attachment Funding History Children's Services APPROVED AGENDA ITEM: BY. - Jo ph A. Baird Indian River Count Approved Date County Administrator Administrator FOR: March 19, 2013 County Attorney i . Budget Department Risk Management 87 Children's Services Advisory Committee •.- Funding History FY 1997/98 through FY 2012/13 Total Approved Fiscal Year Funding Increase 1997/1998 $81,370 1998/1999 $293,835 261.1% 1999/2000 $414,072 40.9% 2000/2001 $750,000 81.1% 2001/2002 $900,000 20.0% 2002/2003 $900,000 0.0% 2003/2004 $1,147,750 27.5% 2004/2005 $1,223,000 6.6% 2005/2006 $1,173,000 4.1% 2006/2007 $1,208,100 3.0% 2007/2008 $1,100,000 -8.9% 2008/2009 $882,700 -19.8% 2009/2010 $768,100 -13.0% 2010/2011 $691,290 -10.0% 2011/2012 $656,726 -5.0% 2012/2013 $623,890 -5.0% Children's Services Funding History $1.4 $1.2 N $1.0 ° $0.8 $0.6 $0.4 $0.2 1 t $0.0 ^CCO ADO ti�O ti�O tido lee Fiscal Year udget\2012-2013 Budget\funding history 97-98 through 12-13.x1s 3/12/2013 88 Q Consent Aciei�nda Indian River County Z Interoffice Memorandum Office of Management & Budget To: Members of the Board of Cou ommissioners From: Jason E. Brown Director, Office of Managemen & B dget Date: March 12, 2013 Subject: Miscellaneous Budget Amendment 010 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On March 5, 2013, the Board of County Commissioners approved Geosyntec Consultant's Work Order No. 6 for monitoring the former cattle dip site. The attached entry appropriates $20,785 from Impact Fees/Cash Forward-Oct 1St. 2. The Sheriff's Department has made several repairs to its buildings. The attached entry appropriates funding from General Fund/Reserve for Contingency. Tankless heater/Jail-medical $3,100 • Water heater/B-Bldg 1,574 • A/C Service/Jail 1,468 • Apply broad spectrum micro-bicide to fuel in 2,394 Bldg A/B/C and garage tank • Repair 3 showers/floors and various broken tile 2,100 In Bldg C/Block N $10,636 3. The County Attorney's Office is in need of additional funds for various legal services, including litigation against FEMA. The attached entry appropriates funding in the amount of $25,000 from General Fund/Reserve for Contingency. 4. Special pay costs have been higher than expected in some departments. The attached entry appropriates funding from General Fund Reserve for Contingency in the amount of $7,536, MSTU Fund Reserve for Contingency in the amount of $6,674, Transportation Fund Reserve for Contingency in the amount of $3,230, Emergency Services District Reserve for Contingency in the amount of $5,383, Section 8 Cash Forward Oct 1St in the amount of $538, 911 Surcharge Fund Cash Forward Oct 1St in the amount of $215, Utilities Cash Forward Oct 1St in the amount of $2,153, Self Insurance Fund Cash Forward Oct 1St in the amount of $1,077, and Health Insurance Fund Cash Forward Oct 1St in the amount of$538. 5. The Senior Resource Association has been awarded several Transportation Capital Grants. The attached entry appropriates $650,477 for capital expenditures. 89 Board of County Commissioners March 12, 2013 Page 2 of 2 6. In order to meet the growing storage demands of the Computer Services Department, a tape backup system is needed to increase memory capacity for the various file servers. The attached entry appropriates funding in the amount of $29,334 from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 010 and Resolution APPROVED AGENDA ITEM: Indian River Count A- roved Bate BY: Administrator �_;>� Jose h A. Baird Legal 3 County Administrator Budget M3 FOO March 19, 2013 Department Risk Management IWO- 90 RESOLUTION NO. 2013- �.. A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM fflj EGAL S F I NCY BY COUNTY ATTORNEY hibit"A" Resolution No.2013- Budget Office Approval: Budget Amendment:010 ow Jason E. rown,B dget Director Entry Fund/De art ent/ count Name Number p Account Number Increase Decrease 1. Revenue Impact Fees/Non-Revenue/Cash Forward-Oct 1st 103039-389040 $20,785 $0 Expense Impact Fees/Parks&Recreation/Land/Wabasso Beach 10321072-066110-07016 $20,785 $0 Parking Expansion 2. Expense General Fund/Sheriff/Law Enforcement 00160086-099040 $10,636 $0 General Fund/Reserves/Reserve for Contingency 00119961-09910 $0 $10,636 3. Expense General Fund/County Attorney/Legal Services 00110214-033110 $25,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-09910 $0 $25,000 4. Revenue Section 8/Cash Forward-Oct 1st 108039-389040 $538 $0 911 Surcharge Fund/Cash Forward-Oct 1st 120039-389040 $215 $0 Utilities/Cash Forward-Oct 1 st 471039-389040 $2,153 $0 wrr. Self Insurance/Non-Revenue/Cash Forward-Oct 1st 502039-389040 $1,077 $0 Employee Health/Non-Revenue/Cash Forward-Oct 1st 504039-389040 $538 $0 Expense General Fund/County Administration/Special Pay 00120112-011150 $3,000 $0 General Fund/County Administration/Social Security 00120112-012110 $186 $0 General Fund/County Administration/Medicare 00120112-012170 $44 $0 General Fund/General Services/Special Pay 00120213-011150 $700 $0 General Fund/General Services/Social Security 00120213-012110 $43 $0 General Fund/General Services/Medicare 00120213-012170 $10 $0 General Fund/Purchasing/Special Pay 00121613-011150 $1,600 $0 General Fund/Purchasing/Social Security 00121613-012110 $99 $0 General Fund/Purchasing/Medicare 00121613-012170 $23 $0 General Fund/Office of Management&Budget/Special Pay 00122913-011150 $700 $0 General Fund/Office of Management&Budget/Social Security 00122913-012110 $43 $0 General Fund/Office of Management& Budget/Medicare 00122913-012170 $10 $0 General Fund/FPL Grant/Special Pay 00123725-011150 $1,000 $0 General Fund/FPL Grant/Social Security 00123725-012110 $62 $0 92 xhibit"A" Resolution No,2013- Budget Office Approval: Budget Amendment:010 Jason E Brown,Budget Director Entry Fund/Depa ment/ ccount Name Number P Account Number Increase Decrease General Fund/FPL Grant/Medicare 00123725-012170 $15 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $7,536 MSTU Fund/NCAC/Special Pay 00410872-011150 $200 $0 MSTU Fund/NCAC/Social Security 00410872-012110 $12 $0 MSTU Fund/NCAC/Medicare 00410872-012170 $3 $0 MSTU Fund/Recreation/Special Pay 00410872-011150 $2,000 $0 MSTU Fund/Recreation/Social Security 00410872-012110 $124 $0 MSTU Fund/Recreation/Medicare 00410872-012170 $29 $0 MSTU Fund/Ocean Rescue/Special Pay 00411672-011150 $500 $0 MSTU Fund/Ocean Rescue/Social Security 00411672-012110 $31 $0 MSTU Fund/Ocean Rescue/Medicare 00411672-012170 $7 $0 MSTU Fund/Shooting Range/Special Pay 00416172-011150 $500 $0 MSTU Fund/Shooting Range/Social Security 00416172-012110 $31 $0 MSTU Fund/Shooting Range/Medicare 00416172-012170 $7 $0 MSTU Fund/Planning&Development/Special Pay 00420415-011150 $500 $0 MSTU Fund/Planning&Development/Social Security 00420415-012110 $31 $0 MSTU Fund/Planning&Development/Medicare 00420415-012170 $7 $0 MSTU Fund/County Planning/Special Pay 00420515-011150 $2,000 $0 MSTU Fund/County Planning/Social Security 00420515-012110 $124 $0 MSTU Fund/County Planning/Medicare 00420515-012170 $29 $0 MSTU Fun d/Telecommunications/Special Pay 00423437-011150 $500 $0 MSTU Fund/Telecommunications/Social Security 00423437-012110 $31 $0 MSTU Fund/Telecommunications/Medicare 00423437-012170 $7 $0 MSTU Fund/Reserve for Contingency 00419981-099910 $0 $6,674 Section 8/Rental Assistance/Special Pay 10822264-011150 $500 $0 Section 8/Rental Assistance/Social Security 10822264-012110 $31 $0 Section 8/Rental Assistance/Medicare 10822264-012170 $7 $0 Transportation Fund/County Engineering/Special Pay 11124441-011150 $3,000 $0 Transportation Fund/County Engineering/Social Security 11124441-012110 $186 $0 Transportation Fund/County Engineering/Medicare 11124441-012170 $44 $0 Transportation Fund/Reserve for Contingency 11119981-099910 $0 $3,230 93 hibit"A" Resolution No.2013- Budget Office Approval: Budget Amendment:010 Jason .Brow ,Budget Director Entry Fund/Depa me Account Name Number P Account Number Increase Decrease Emergency Services District/Fire Rescue/Special Pay 11412022-011150 $5,000 $0 Emergency Services District/Fire Rescue/Social Security 111412022-012110 $310 $0 Emergency Services District/Fire Rescue/Medicare 11412022-012170 $73 $0 Emergency Services District/Reserve for Contingency 11412022-099910 $0 $5,383 911 Surcharge Fund/Communication Center/Special Pay 12013325-011150 $200 $0 911 Surcharge Fund/Communication Center/Social Security 12013325-012110 $12 $0 911 Surcharge Fund/Communication Center/Medicare 12013325-012170 $3 $0 Utilities/General&Engineering/Special Pay 47123536-011150 $2,000 $0 Utilities/General&Engineering/Social Security 47123536-012110 $124 $0 Utilities/General&Engineering/Medicare 47123536-012170 $29 $0 Self Insurance Fund/Risk Management/Special Pay 50224613-011150 $1,000 $0 Self Insurance Fund/Risk Management/Social Security 50224613-012110 $62 $0 Self Insurance Fund/Risk Management/Medicare 50224613-012170 $15 $0 Employee Health/Health Insurance/Special Pay 50412719-011150 $500 $0 Employee Health/Health Insurance/Social Security 50412719-012110 $31 $0 Employee Health/Health Insurance/Medicare 50412719-012170 $7 $0 6. Revenue General Fund/FTA Sec 5307/Senior Resource Association 001033-331410 $650,477 $0 Expense General Fund/Agencies/Other Machinery&Equipment 0011041-066490-54001 $650,477 $0 6. Expense General Fund/Computer Services/Office Supplies 00124113-035110 $3,976 $0 General Fund/Computer Services/Computer Software 00124113-035120 $9,870 $0 General Fund/Computer Services/EDP Equipment 00124113-066470 $15,488 $0 General Fund/Reserves/Reserve for Contingency 00119981-09910 $0 $29,334 94 Consent Agenda Indian River County g Interoffice Memorandum Nft- Office of Management & Budget To: Members of the BoarooNou y Commissioners From: Jason E. Brown Director, Office of an gem nt & Budget Date: March 11, 2013 Subject: Miscellaneous Budget Amendment 011 Court Administration 19th Judicial Circuit Funding of aiSmartBench Judicial Viewer System Description and Conditions Staff has received a request from Thomas Genung, Trial Court Administrator for the Nineteenth Judicial Circuit, for Indian River County to provide funding from the Court Innovations Fund to assist in the purchase of the aiSmartBench Judicial Viewer system produced by Mentis Technology Solutions. As discussed in his letter, the State Court system applied for and received approximately $5 million from the Florida portion of a nationwide foreclosure settlement, of which the Nineteenth Judicial Circuit applied for and received $284,500 to be applied towards enhancing technology to address the backlog of foreclosure cases. The estimated total cost of the Mentis aiSmartBench Judicial Viewer solution is $588,000. $200,000 of the settlement funds received from the State Court system will be applied to licensure, integration, implementation, and backfile costs. $84,000 will be applied to hardware costs. Court Administration is requesting $98,000 from Indian River County Court Innovations fund to pay for remaining licensure, integration, implementation, backfile, and hardware costs not covered by the state funds. Funding In accordance with Section 939.185, Florida Statutes, a fee of $65 is imposed on certain court cases to support various costs of the court system. A portion of the fee is to be utilized for court innovations, as determined by the chief judge of this circuit. This fund is projected to carry a balance of about $180,000 at the end of the current fiscal year. Therefore, sufficient funds are available for this request. Funding in the amount of$98,000 will be appropriated from the Additional Court Costs/Cash Forward account 141039-389040. 95 Board of Commissioners March 11, 2013 Page 2 of 2 Staff Recommendation Staff recommends that the Board of Commissioners approve the request from the Court Administration, 19th Judicial Circuit, for $98,000 from the Court Innovations fund to assist in the purchase of the aiSmartBench Judicial Viewer system. Additionally, staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Letter from Thomas A. Genung dated March 6, 2013 with attachments Budget Amendment 011 and Resolution APPROVED AGENDA ITEM: BY: 41 W'j Josep A. Baird Indian River Count Approved Date County Administrator Administrator Legal FOR. March 19, 2013 Budget Department Risk Management 96 ADMINISTRATIVE OFFICE NINETEENTH OF THE COURTS JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator March 6, 2013 Joseph Baird County Administrator Indian River County 180127 1h Street Vero Beach, Florida 32960-3388 Re: Budget Amendment Request Dear Mr. Baird: On behalf of Chief Judge Steven J. Levin and the Judges of the 19th Judicial Circuit, I make this request for a budget amendment to aid in the funding of the aiSmartBench Judicial Viewer system produced by Mentis Technology Solutions. The State Court System applied for and received approximately 5 Million Dollars from the Florida portion of the nationwide foreclosure settlement. This Circuit applied for and received$284,500 to be applied towards enhancing technology to address the backlog of foreclosure cases. Two Hundred Thousand `�- Dollars of that money will be applied to licensure, integration, implementation, and backfile costs. Eighty-Four Thousand Five Hundred Dollars of that money will be applied to hardware costs. The estimated total cost of the Mentis aiSmartBench Judicial Viewer solution is $588,000. Please see the attached pricing proposal from Mentis Technology Solutions. We are seeking $98,000 from the Court Innovations fund pursuant to s. 939.185(1)(a)1., Florida Statutes to pay for remaining licensure, integration, implementation, backfile, and hardware costs not covered by the state funds identified above. Our understanding is that the current balance in that fund is $210,282, and that$48,975 is budgeted to come from that fund during this current budget year, leaving a remainder of$161,307, which does not include estimated revenues. The $161,307 is sufficient to cover the requested $98,000 (rounded up to the next thousand), leaving sufficient amounts for the FY 13-14 budget. Please see the attached table for a pricing breakdown for Indian River County. Sincerely, Thomas A. Genung, Esq. Attachments cc: The Honorable Steven J. Levin, Chief Judge The Honorable David Morgan, County Judge, Chair Technology Committee Jason Brown, Budget Director Indian River County 250 N.W.Country Club Drive,Suite 217•Port St.Lucie,FL 34986•(772)807-4370 •FAX(772)807-4377 97 w Mentis aiSmartBench Cost Estimate Indian River County County Licenses Impl.&Integ. Back File Hardware Total Court Innovation Funds Indian River 7@$5,244 = $36,708 Impl=$19,000 7.1 Million pgs Current -T2—I,666 --§l 15,584 6@$2,460 = $14,760 Integ=$8,000 $10,650 Backfile cost -17,817(state$) Total =$51,468 Total=$27,000 $2,000 Additional pages $97,767 State$ (-) $17,817 $2,800 Backfile set up cost Total CI Fund$=$33,651 $15,450 Total `sA..- Ift- 98 '%Now a1SMARTBENCH Pricing Proposal for SC Steven J. Levin Chief Judge Nineteenth Judicial Circuit of Florida w.. 100 SE Ocean Blvd, Stuart, FL 34994 0 Mentis Technologv W� Corporate Headquarters Prepared by Dave Johnson 8005 S. Chester Suite #400 Centennial, Colorado 80112 407-267-5505 NNW 99 January 2, 2013 Chief Judge of the 191h Judicial Circuit Steven J. Levin 100 SE Ocean Blvd Stuart, FL 34994 Dear Judge Levin, Thank you for providing Mentis Technology Solutions the opportunity to deliver this pricing proposal for aiSMARTBENCH designed by judges for judges for your in-court solution. This pricing proposal addresses Mentis' ability to provide a "ready-now", Microsoft .NET courtroom solution that can be integrated into the Nineteenth Judicial Circuit's Case Maintenance Systems. aiSMARTBENCH is a customizable, in-courtroom solution serving as a mission-critical piece to the county's goal of achieving the paperless court. It has the attractive benefit of providing a quick win for both clerks and judges. For over a decade, Mentis Technology Solutions, LLC has set the bar for what is possible in document indexing and redaction. Now Mentis has reset the bar unleashing its game-changing technology with a paper-free software solution for judges to use in the courtroom and in chambers. For the past 12 years, Mentis has been the redaction and indexing engine inside solutions sold by other software companies. This experience has uniquely positioned Mentis to deliver full-text search access to all case documents in a matter of milliseconds and provide its adaptive technology so jurisdictions can efficiently tailor the system to how the judge, the clerk, and the judicial assistant want to work rather than imposing a system that forces them to change their work processes. Unlike similar products, aiSMARTBENCH was inspired by judges and designed for judges. aiSMARTBENCH was recently recognized by the National Center for State Courts as the only Judicial Decision Support System,this uniquely positions us in the marketplace. We are grateful to have the opportunity to offer our solution to Nineteenth Judicial Circuit,and I am delighted to include in this proposal several attractive options that include an early adopter discount. We look forward to exceeding your expectations and invite you to contact us. As the Account Executive, I will be your contact for this proposal. I can be reached at davelohnson@mentistechnology.com cell 407.267.5505. Respectfully, Dave Johnson Account Executive, Mentis Technology Solutions w. January 2,2013 Confidential and Proprietary First Judicial Circuit of Florida Mentis Technology Solutions 100 f � Description Total Amount aiSmartBench Software Fees 1. Price per judge-$10,925 x 34 Judges $371,450 *Florida statewide bulk purchase discount 40% ($148,580) Subtotal $222,870 *Mortgage Foreclosure Pilot discount 20% (Judges License Only) ($44,574) Subtotal $178,296 2. Price per clerk-$4,100 x 34 Court Administration Support Staff $139,400 *Florida statewide bulk purchase discount 40% 55,760) Subtotal $83,640 Total Software Fees after Discount $261,936 • License Fees allow access from the courtroom,judge's chambers, home office and/or laptop. • A minimum of 100 judicial licenses must be purchased by the participating courts for the Florida statewide bulk purchase discount. • Mortgage Foreclosure Pilot discount will be honored for 90 days from proposal date. .. : .• .. Software installation $1,400 System Configuration for Pilot Judges $5,600 Integration Testing $4,200 Develop and Deploy Core Templates (25 documents) $7,000 Template Configuration Training $2,800 Onsite Administration and IT training $2,000 Onsite Courtroom Train-the-Trainer training $2,800 Onsite training for Pilot Judges $4,200 Onsite Go-Live Support am Pilot Implementation Fees $38,000 ,,,St.Lucie Coun and Indian R Software installation $1,400 System Configuration for Pilot Judges $5,600 Integration Testing $4,200 Develop and Deploy Core Templates (25 documents) $7,000 Template Configuration Training $2,800 Onsite Administration and IT training $2,000 Onsite Courtroom Train-the-Trainer training $2,800 Onsite training for Pilot Judges $4,200 Onsite Go-Live Support 8 000 Pilot Implementation Fees $38,000 January 2,2013 Confidential and Proprietary First Judicial Circuit of Florida Mentis Technology Solutions 101 sMUM Integration Validation for Martin County's Clericus system $8,000 1ntgrto Validation for Okeechobee's County's Clericus system $8,000 Read only Integration Development for St Lucie County's Benchmark $8,000 CMS/DMS system Integration Validation for Indian River County's Benchmark CMS/DMS 8 000 system Estimated Integration Fees $32,000 Backfile Setup Cost at per$2,800 per county $11,200 Backfile processing of historical CMS data/DMS images history for creating the aiSmartBench Text Searchable Judicial Data Warehouse $.0025 per page: • Okeechobee County(1.3 million images) $3,250 • St. Lucie County (22.4 million images) $56,000 • Martin County(17.2 million images) $43,000 • Indian River County(7.1 million images) $17,750 Backfile discount if signed within 90 days of proposal date • Okeechobee County(1.3 million images) ($1,300) • St. Lucie County (22.4 million images) ($2.2,4010) • Martin County(17.2 million images) ($17,200) • Indian River County(7.1 million images) ($7,100) Backfile Fees $83,200 Initial System Configuration (per Judge) $700 Onsite Training(per Judge) $1,400 In-court,onsite Go-Live Support (per day) $1,400 Hotel, meals and transportation costs incurred while onsite. TBD Annual maintenance fee (20%of license fee) $52,387 This Proposal is accepted by the duly authorized representatives of the Parties as of the date set forth below. Nineteenth Judicial Circuit of Florida Mentis Technology Solutions Signature Signature Name Name January 2, 2013 Confidential and Proprietary First Judicial Circuit of Florida Mentis Technology Solutions 102 RESOLUTION NO. 2013- ,� A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: NVOW Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL S ICIENCY BY S COUNTY ATTORNEY 03 xhibit "A" Resolution No.2013- (? , �_C Budget Office Approval: Budget Amendment:011 Jason E. rown,Budget Director Entry Fund/Departe Account Name Account Number Increase Decrease Number 1. Revenue Additional Court Costs/Non-Revenue/Cash Forward-Oct 1st 141039-389040 $98,000 $0 Expense Additional Court Costs/Court Administration 14190101-088400 $98,000 $0 104 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board o my Commissioners From: Jason E. Brown Director, Office of Managmen & Budget Date: March 13, 2013 Subject: Miscellaneous Budget Amendment 012 Corrections Improvements Description and Conditions The Sheriff has requested funding for additional parking, fencing, access gates, and additional storage for the Corrections facility (please see attached letter). These needs were identified in 2007 when plans were pursued to expand their warehouse building. On December 18, 2012, the Board of County Commissioners approved phase one of this project. The attached letter requests funding for phase two of this project in the amount of$77,744. Under the County's code, all funds collected from corrections facilities impact fees shall be used for the purpose of capital improvements to corrections facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County. Staff Recommendation Staff recommends that the Board of Commissioners approve the expenditure of Corrections Impact Fees in the amount of $77,744 and also approve Budget Amendment 012 and Budget Resolution necessary to amend the fiscal year 2012/2013 budget. Staff also recommends that the Board make a determination that these expenses are necessary to accommodate growth and development in the County. Attachments Letter from Sheriff Loar dated March 13, 2013 Budget Amendment 012 and Resolution APP VED AGENDA ITEM: Indian River County Pepproved Date BY: A, Li� Administrator .3 Jose h A. BaircT Legal County Administrator 13 Budget -31131j,�) R: March 19, 2013 Department Risk Management 105 RESOLUTION NO. 2013- NNW RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012=2013 Budget be- and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: NN.. Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman APP OVED AST R AL F C1 Y BY COUNTY ATTORNEI 06 E hibit"A" Resolution No.2012- Budget Office Approval: Budget Amendment:012 Jason E.Br wn,B get Direc Entry Fund/Departmet/A ount Name Account Number Increase Decrease Number 1. Revenue Impact Fees/Cash Forward-Oct 1st 103039-389040 $77,744 $0 Expense Impact Fees/Corrections/Sheriff-Detention Center 10360121-099140 $77,744 $0 107 �Pf F 5 DF f * DERYL LOAR • INDIAN RIVER COUNTY MEMBER FLORIDA SHEMFFS'ASSOCIATION MEMBER OF NATIONAL SHERIFFS'ASSOCIATION 1055 41st AVENUE VERO BEACH. FLORIDA 32960.1802 PHONE (772) 569-0700 March 13. 2013 The Honorable Joe Flescher, Chairman Indian River Countv Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman Flescher: This tetter is my request to be placed.on the next Bo:-rel of Co inty C'ommiss rzer's Consent .o ons nt Agenda with reference to Corrections Impact Fees. The need for additional parking, fencing, access gates and storage were identified in 2007 when plans were pursued to expand our warehouse building to provide additional storage for the Corrections facility. Since that time, additional fencing and the need to prevent the general public from our prisoner intake area has also been identified. The first Phase of the project was approved in December 2012 prior to the expiration of the Corrections Impact Fees and the attached is for the second Phase of the project. Fees are scheduled to expire on March 30, 2013. If you should need additional information, please contact me. Sincerely, Deryl Loar. Sheriff DL:Itj 108 INDIAN RIVER COUNTY SHERIFF NEW ORDER 772/569-6700 x6206 Fax 772/299-0657 PURCHASE ORDER: 53610 Page: 1 of 1 VEND©R;** ** ** * DELIVER TO CAl`HCO, INC INDIAN RIIJER COUAITY SHERIFF'S 555(141 ST STRIrET ATTN:RECEIVING DEP.ARTMEIVT VERO BEACH FL 32967 405:51%4 IST AVENUE V£RO BEACH FL 32960 Orffere Due Shi Uta FOB Perms Customer!! 03/13/13 1 04/12/13 1 DEST BEST Due Net 30 R uisUan�To Vendar Nia Veidoa Phrie VendorFax M. ASHER 30328-1 1 772/562-8814 1 772/562-0173 No Quantity U/III Aescr, tto 06A Ei tended 1 1 . 00 EA PHASE II/CORRECTIONS DIVISION 58 , 844 . 0000 58 , 844 . 00 G/L# 1686005210006442 Our Stock#900-000-000-0000 SITE IMPROVEMENTS: SITE CUT AND GRADE FOR PROPOSED ASPHALT, CONCRETE CONCRETE WALLS . REVISED FENCING & GATE PER PLAN. REVISED ELECTRICAL & ROAD PATCH PER PLAN. 85 LF OF 12' DECOR WALL & 5 LF OF 8' DECOR WALL TO MATO EXISTING. 1, 245 SY OF 1. 5" ASPHALT PAVEMENT. MOBILIZATION & MAINTENANCE CF TRAFFIC (SALLYPORT) ** TOTAL ** 58 , 844 . 00 VENDOR INSTRUCTIONS: ** $PEC3AL INSTRUCTIONS: **' 1. Mail Invoices to Indian River County Sheriff Attn: Accounts Payable 4055 41st Avenue Vero Beach, FL 32960 2. Invoices and Packages must bear the P.O. No. above. Purchases may not exceed the total amount of this ® e Drder without prior approval by the Purchasing Dept. Acceptance of this order includes acceptance of all terms, prices, delivery instructions, specifications and conditions. 5. State Tax Exempt #: State # 85-801262203SC-0 EIN: 59-6000677 Buyer S. For order questions, please call Sophie Kniffen at (772) 978-6203 or e-mail skniffen@iresheriff.org Vendor 109 INDIAN RIVER COUNTY SHERIFF NEW ORDER 772/569-6700 x6206 Fax 772/299-0657 ` PURCHASE ORDER: 53611 Page: 1 of 1 �WVER T. 8DONADtO AS50CiND AN CUhrIF SHERIFF'S 609; l 7TH'ST ATTN�RGEIVING DEPARTMENT UERO BEACH FL 32960 4055`41 S7 AYENL. VEtta BEACH, FL X2960; Ordered Dne chip Uta FOB Terms Customerlf 03/13/13 04/12/13 Due Net 30 R uisidon No. Vendor Nzz,' Uendbr Phone Vendor FAX _. M.ASHER 41517-1 No C�uantity U/MAescripgon Unit Pr�ee Ei#ended 1 1 . 00 EA SITE ENGINEERING - PHASE I & 18 , 900 . 0000 18, 900 . 00 G/L# 1686005210006442 Our Stock#900-000-000-0000 PHASE II/CORRECTIONS SITE IMPROVEMENT PROJECT. SURVEY ARCHITECTURAL `" ** TOTAL ** 18, 900 . 00 VENDOR INSTRUCTIONS: ** SPECIAL INSTRUCTIONS: **` 1. Mail Invoices to Indian River County Sheriff Attn: Accounts Payable 4055 41st Avenue Vero Beach, FL 32960 2. Invoices and Packages must bear the P.O. No. above. Purchases may not exceed the total amount of this Drder without prior approval by the Purchasing Dept. Acceptance of this order includes acceptance of all terms, prices, delivery instructions, specifications and conditions. 5. State Tax Exempt #: State # 85-801262203SC-0 EIN: 59-6000677 Buyer 6. For order questions, please call Sophie Kniffen at (772) 978-6203 or e-mail skniffen@iresheriff.org Vendor 1 O — NOO'79°35"E 7307.94' PROPERTY LIN( STABLISHED BY OTHERS BEARING BASL 41n AvwvE! . CS1 P05n.-•'-'01T:35)VN r cx. \ e $ -wn / ler lro..L. � II / Z _ (12 6 W, rU I E 1 A y Ibsrr Wd l w(1 MN) .+w aaA wm I ler!°esw.AFP°m) / eN°n eY.L ws i -J —7T I I I -:I I 2sa N.r I I I I I I L J I� .2T�sP j .4a. 1 L ' ' I - I h D L. I I C �-'---------1 e � , I Eestm&fldta I I I ( 1,706 IF-FF-23.16• ddm L_� --J L� . I I r > SME DATA BY�L11AR11a7a1. 5"hwaym ms Cawraae SL—= treflic Preeretnn5 Se.e Plan Mates: A!!A ORtEA} 10»,Y�AvfHL glq+OXp Uf! ARIA TRo 4AR AV6.iaP9 ve4 OAY l All difPTM WMfNG Hull!F YELOFO fRM AOJAGfNf NfOPL¢}E!AW ROApYAYI. NAEw 4AER GOw(Y 9,EWf'9 OHtE V!¢O%ALN,H!2960 t)PFB.bla2BEk ! tlm4 10»IY.AVfNE DLkON:AWA 4>0E Y AOLT,UeIk liC4W/WA4N%%)!f(e0j {]0E!F J.%/L000% 6.1 iRW ), ALl NAfAKf I.—VfWTAnw"'II R&W1D N COILLl1CipN WIII!!fE efALµfl04pA J7%O ARA: ,EJI ACR! ARYIK,9LRwALL9,k ACLIONUL AYMAC!GALT T4pl: 6 RP! ; •• f9.k0LJD9—1—1 A fkk'!!I E'NSB41DAl AOOW»OFVEIO Nl. rEL.In27%9-E7P0 fxi9fiN:Som u I e dl EufLf!M PAP!: 7a n eFa furtnE uw use ne lwk) � sEPAwre AFruAnoN owxNn DfmcTeo w nu aAN lypuA ee Asfcavfp eT FEf1AnFLOJO Salt J?A9 t)OOOOV On 0000010 TOT4 ADDIMYL fPFANDU!AW0. ALOE 9F(0.21 ACW!) ].P—RO.1 DE6IA B ART 1{)OU.�IRLM—K R![0.k TAYl04,NC.RfiPR[wCt: 9TARi DAif: Jx.rvy 20U T F J9 2J 00009 Op 00000].0 FItlH DAm A.,«r 2oN s).!+»000a an a000e2A .IIY'Gdt:t01101 Penlcetg Reow'en nts �-`�.,, wu;frAhe �^w�"'"uN m°B44KR i url,rfz w 'iw cR`ca`�: lAn iveAwkw'Afwovu lrl.111 Te¢ PArkM Reaueeemts 9iYR6 f—of cc9FarcM4LE nAlRl{f4 k Haifa.Nc. Idltn Crean 1.9%�LR1 feu4 4kEa cowry: Ref WNDI'Al Ff4fN ass 2m1 IT.1 b!M FL J29E0 pA00 S OD,7N -!i(A/L!/WAWIM/Sf AWIIMY % i/f00 f Tf 1AF970aco.v IAs Jw 9vALs] ONi YAW 9ERACL ]!' h' TOTAI ADpIIpLLL 9PALl9 REpiER 1 9vA03 D - lsYY�keM'Qk� W 40lJ IY�Am✓ OFle!PALE: 2J%(MN) ».B% J1AAtlA90!PACE! b 9PAGF! Vm bap FL JT%O ELAONO— !S'Ll1%. !n LQOALT 9PALE!' -lPACH �PfRA- .o» P,PAEI� IFA, SITE PLAN ADDD%NA WDTpfLT alPALL! M MASTELLER & MOLER, INC. Construction Plans MrrM°rAA R!°s ur CONSULTING ENGINEERS _i cY 1655 770 SiREer-SURE 2,VERO BEACH,FLORIDA 32960 IIYY�! °a+Aa��+�A wm�x ibuN°i°°aYk r>An ofeownoN as/AAP (772)567-5300 /FAX(772)794-1106 Indian River County Sheriff's Office w•Y4��°O.A°fWtl c—* �p REVISIONS GERiFICATE OF AVfNOR6ATY'AJ/1201 Y,dnn River Leunty FLORVA talon.rusmlf4 k na.f4,"°• John i TROWEL TOP OF WALL H151-161-IT CURVE &I 5TD.CMU BOND BLOCK W#5 HORIZ 6ROUTED 0 TOP TOOL ALL EXPOSED GMU JOINTS,TYP q &N+ 1 /29 FLUTED #5 VERT 0 320 O.G. ROCK FACE CHI) IN p IN GROUTED CELLS 5TACK BOND Qi q 6A HMZ JOINT REINF lb"O.G.VERT. bl STANDARD CK AT BOTTOM$ #5 DOWEL® EACH GRADE VERT W W 30N LAP 6RADE Ff ALT.DIRECTION OF Ib'OP x 3"-0*HIVE F% W EVERY OTHER w 3#5 Lw TOP 4 BCT BAR W#5 TRANS.AT 32'O.G. DESIGN CRITERIA EXIST. NEH FLORIDA BUILDING CODE 2010 EDITION FILL ALL JOINTS AT BOTH SIM OF WALL AND TOP WITH PREFORMED WIND LOADS PER A5GE 1-10 JOINT FILLER AND POLYURETHANE KIND SPEED RE610N 150 ALT) CAULKING, COLOR TO MATCH. R15K FACTOR I3/8 VERT PROVIDE #5 DOWEL x 36' IN BONDEXPOSURE 6 ' WALL JOINT f3M W 60 EPDXY EMB INTO EXIST.13M HEI61-IT < 15 FT WALL JOINT DETAIL AND LAP K/ NEW BOND 13M REINF. 5KAPE CIOEFF. Gf 135 DIRECTIONALITY FACTOR Kd 0.85 STRUCTURAL NOTES 1. CONCRETE MASONRY%IALL.BE IN ACCORDANCE WITH A5TM CqO 2. CONCRETE 28 DAY COMPRESSIVE 5TFB46TH SHALL BE AS FOLLOWS: MASONRY 6ROUT 3"PSI a TO 11, 5LL)MP 3/61 PIMP MIX FOLWATION5 3000 P51 511i is U&I OR 3/4g PUMP MIX 3. REINFORLIN6 STEEL SHALL BE A5TM A615 GRADE 60. 4. 501L SHALL BE COMPACTED TO A MIN OF q5%OF ITS MODIFIED PROCTOR. 5. 501L BEARING PRE5WRE SHALL BE A MINIMUM OF 2000 P5F. b. REFER TO SITE PLAN AND 5MVEY FOR LOCATION OF WALL ON PROPERTY 1. ALL WORK SHALL BE IN ACCORDANCE WITH THE MG,2010 EDITION MICHAEL A.LUE,P.E. FLORIDA REG.#47520 JOB MIE DATE: 2-21-13 "AmEARC SHERIFF'S OFFICE This drawing and design as shown Is ENGINEERING,I JOB No. the propw9rty of ML Engineering.Inc. 11-1 13-116 Reproduction andfor use of this drawing 0 g Structurcif E 41 ST STREET or any content therein.%ftout express DRAVM BY: CHECKED BY: consent or permisslon of this company 669 .J2 2030 37th AV~ VERO BEACH, Fl. ML ML Is prahbited,may constitute an lnftlnge� Vero Beach,Flodda 32960 ment,and may be subject to legal action lc�y MIL 1- 772.569.1257 F=772. wu: 8 FT MASONRY SCREEN WALLE' NO: SK1 OF 1 SHEET 112 „. SITE WORN DIVISION) CUNCO, INC. 5550 41'STREET* VERO BEACH,FL 32967 *(772)562-8814 *FAX(772)562-0173 cathcoinc@bellsouth.net Date: December 13,2012 Revised 12/27/12 To: Indian River County Sheriff's Office 4055 41”Ave Vero Beach, FL 32960 Budget For: Corrections Division—Site Improvements Vero Beach,FL We hereby propose to furnish labor,equipment and materials for the following: PHASE 1 I. 1,245 SY of 10"Coquina Rock Base for Asphalt $ 20 563.00 2. 820 SF—6"Concrete Parking $ 3,561.00 3. 200 LF of 8' Chain Link Fence,One 12' Swing Gate $ 38 777.00 One 24' Electric Slide Gate and Two 16'Electric Swing Gates PHASE 1 TOTAL $ 62,901.00 PHASE 2 4. Site cut and grade for proposed asphalt, concrete and concrete walls $ 1,444.00 5. 85 LF of 12' Decor Concrete Wall& 50 LF of 8' Decor Concrete Wall $ 24,220.00 6. 1,245 SY of 1.5"Asphalt Pavement $ 22,255.00 7. Mobilization and Maintenance of Traffic $ 500.00 PHASE 2 TOTAL $ 48,419.00 Total Budget $111,320.00 NOTES: 1. This is only a Budget,price will be finalized after complete set of plans and specs have been supplied. 2. Existing 6' D6cor Walls to Remain Unmodified. Existing Footers May Not Support Extra Height. 3. Fencing and Gate Price Includes All Electrical ]-look Up. 4. 12' Gate is Chain Link. 5. 16' Gates and 24'Gate are Aluminum. 6. Includes 5 Remotes and 2 Keypads. EXCLUSIONS: Permits;Engineering; Bonds& Fees; Sod, Seed&Mulch,and Landscaping;Irrigation System;Repair/Relocation of Existing Utilities/Services in Conflict with this Work; Removal, Disposal and Replacement of Unsuitable Materials; Layout; As-Built Drawings;Testing;Driveway Sidewalks; Erosion Control;Power Pole Removal/Relocation: )roved Signature Approved Signature Print Name gichaelert As Agent for Cathco, Inc. 113 A N T . Cop INON 5550 41s,STREET*VERO BEACH,FL 32967* (772)562-8814.*FAX(772)562-0173 CHANGE ORDER# 1 Date: March 12,2013 To: Indian River County Sheriff 4055 41s'Street Vero Beach,FL 32960 Re: Purchase Order: 53265--Corrections Improvements We hereby agree to make the following changes to the above referenced project: Revisions and Modifications Per Plan Dated 2-22-13 &Wall Detail 2-21-13 1. Revised Fencing and Gate Per Plan ADD $4,830.00 2. Revised Concrete Decor Walls Per Plan Spec Sheet ADD $3,620.00 3. Revised Electrical and Road Patch Per Plan ADD $ 1,975.00 TOTAL CHANGE $10,425.00 Subject to Existing Contract Conditions and Exclusions Indian River Countv Sheriff Printed Name• Date Cathco Inc. By Matthew S. Eisert, as agent for Cathco,Inc. Date 114 Donadio and Associates, Architects, P.A. 609 17th Street Vero Beach FL 32960 Phone: 772-794-2929 Fax: 772-562-8600 Invoice Number: 3883 Invoice Date: March 01,2013 Invoice To: Indian River County Sheriffs Office 4055 41 st Avenue Vero Beach FL 32960-1802 Attention: Martha Asher, Director of Support Services Project: 2013-01 Indian River County Jail Fencing and Warehouse Expansion Maiiager: Professional Services for the Period: 2/1/2013 to 2/28/2013 Project: 2013-01 Billing Group: 001 : Phased Fixed Fee G—tract#: - Site Plan Approval Costs Billing Fee: $18,900.00 Phase Phase Fee Complete Fee Earned Prior Billing Current Fee Architectural $3,750.00 42.93% $1,609.99 $0.00 $1,609.99 Survey $5,800.00 100.00% $5,800.00 $0.00 $5,800.00 Site Engineering $9,350.00 50.00% $4,675.00 $0.00 $4,675.00 Phase Subtotal: $18,900.00 $12,084.99 $0.00 $12,084.99 Billing Group Total: $12,084.99 Donadio vend Associates,Architects,P.A. invoice: 3883 March 01,2013 Page 2 of 2 Project: 2013-01 Billing Group: 002 : Phased Fixed Fee .ract#: Permit Drawing Costs Billing Fee: $9,200.00 Phase Phase Fee Cost Consultant $1,500.00 0.00% $0.00 $0.00 $0.00 Fire Protection $2,500.00 0.00% $0.00 $0.00 $0.00 Architectural $5,200.00 0.00% $0.00 $0.00 $0.00 Billing Group Total: $0.00 Project: 2013-01 Billing Group: 003 : Phased Fixed Fee Contract#: Construction Administration Costs Billing Fee: $6,825.00 Pftse Phase Fee Architectural $3,800.00 0.00% $0.00 $0.00 $0.00 Engineering $3,025.00 0.00% $0.00 $0.00 $0.00 Billing Group Total: $0.00 Project Totals: * Total Project Invoice Amount $129084.99 Aged Receivables: Current 31-60 Days 61-90 Days 91-120 Days > 120 Days $12,084.99 $0.00 $0.00 $0.00 $0.00 All invoices are due upon receipt. A late charge of 1.5%will be added to any unpaid balance after 15 days. Donadio and Associates, Architects, P.A. 60917th Street Vero Beach FL 32960 Phone: 772-794-2929 Fax., 772-562-8600 Invoice Number: 3892 Invoice Invoice Date: March 12,2013 To: Indian River County Sheriffs Office 4055 41st Avenue Vero Beach FL 32960-1802 Attention: Martha Asher, Director of Support Services Project: 2013-01 Indian River County Jail Fencing and Warehouse Expansion Manager: Professional Services for the Period: 3/1/2013 to 3/12/2013 Project: 2013-01 Billing Group:001 : Phased Fixed Fee Contract 4: Site Plan Approval Costs Billing Fee: $18,900.00 Phase Phase Fee Complete Fee Earned Prior Billing Current Fec Architectural $3,750.00 100.00% $3,750.00 $1,609.99 $2,140.01 Survey $5,800.00 100.00% $5,800.00 $5,800.00 $0.00 Site Engineering $9,350.00 100.00% $9,350.00 $4,675.00 $4,675.00 Phase Subtotal: $18,900.00 $18,900.00 $12,084.99 $6,815.01 Billing Group Total: $6,815.01 117 Donadio and Associates,Architects, P.A. Invoice: 3892 khm-ch 12,2013 Pigc 2 Project: 2013-01 Billing Group:002 : Phased Fixed Fee ontract w.. Permit Drawing Costs Billing Fee: $9,200.00 Phase Phase Fee Cost Consultant $1,500.00 0.00% $0.00 $0.00 $0.00 Fire Protection $2,500.00 0.00% $0.00 $0.00 $0.00 Architectural $5,200.00 0.00% $0.00 $0.00 $0.00 Billing Group Total: $0.00 Project: 2013-01 Billing Group:003: Phased Fixed Fee Contract#: Construction Administration Costs Billing Fee: $6,825.00 Phase Phase Fee Architectural $3,800.00 0.00% $0.00 $0.00 $0.00 Engineering $3,025.00 0.00% $0.00 $0.00 $0.00 Billing Group Total: $0.00 Project Totals: *** Total Project Invoice Amount $6,815.01 Aged Receivables: Current 31-60 Days 61-90 Days 91-120 Days > 120 Days $18,900.00 $0.00 $0.00 $0.00 S0.00 �- All invoices are(Me upon receipt. A late charge of 1.5%will be added to an;,unpaid balance after 15 days. 118 *Indian River County Sheriff's Office Corrections Division—Project Proposal Scope of Work FENCE AND GATE WORK FENCE- Barrier Gates-(1) 24 FOOT in length 8 feet high gate that is constructed of Aluminum (Bronze in Color) (The same type that are at some residential gated communities). Location— West Entrance Road FENCE-Sallyport Entrance and Exit Barrier Gates - 16' Foot entrance, 16' Foot Exit—Electronic Swing Gates (the same type that are at some residential gated communities). Location — West Entrancc Road FENCE - Chain link Fencing— 162' Feet Length by 8' Feet High w/ (1) 12' Foot Single Swing Gate placed at the end of the new additional parking Location—Northside of Sallyport Driveway ****NOTE — ALUMINUM SLIDING GATE WITH NO TRACK FOR THE MAINTENANCE ENTRANCE ROAD ****NOTE — ADJUSTMENT OF HEIGHT BY THE LOADING TRASH COMPACTOR TO A 12 FT HEIGHT. AS WELL AS THE FENCE AT THE LIFT STATION WILL NEED TO BE RAISED TO 8 FT. ****NOTE—OPPOSITE SWING GATES AT THE SALLYPORT ENTRANCE/EXIT BLOCK AND CONCRETE WORK BLOCK-40' Feet Length by 12' Feet High Decor Concrete Block Wall Location— West Entrance Road BLOCK- 19' Feet Length by 12' Feet High Decor Concrete Block Wall Location— ✓Vest Entrance Road BLOCK- Existing Wall Add-On —Currently 6 Feet High—Add on Additional 2' Feet High—Total 8' —89' Feet Length Add on Additional 2' Feet of Decor Block Locotic : -- IlVest Entrance Rood Captain Selby Strickland Lieutenant Adam Bailey -- --- _ 119 *Indian River County Sheriff's Office Corrections Division—Project Proposal BLOCK—Concrete Parking surface—Southside of Work Crew Restroom 30' ft. length b wide Thickness for parking a vehicle—Locotion —Southside of Wk. Crew Restroonn Y 14' ft. BLOCK - 63' Feet Length by 8' Feet Nigh Decor Concrete Block Wall Location — Northside of Sallyport Driveway BLOCK - Concrete Parking Surface —51' Feet Length by 29' Feet Width —Thickness for Vehicle Parking/Driveway Location—!Northside of Sallyport Driveway BLOCK - Concrete Parking Surface — 51' Feet Length by 63' Feet Width —Thickness for Vehicle Parking/Driveway — New Additional Parking creates 10 additional spaces - Location — G-Sub Parking Lot BLOCK - Concrete Parking Surface — 38' Feet Length by 36' Feet Width — Vehicle parking - Location—South Sallyport Driveway by Work Crew Building BLOCK - Concrete Surface Pad—8' Feet Width by 25' Feet Length —4 inch thickness Location — South Sallyport Wall(Old Cherry Parking) BLOCK - Concrete Parking Surface — 43' Feet Length by 21' Feet Width —Thickness for Vehicle parking sloped into existing surfaces Location—South Sallyport Wali(Old Cherry Parking) Captain Selby Strickland Lieutenant Adam Bailey --- --- -- --- 120 \ w I Y` jj 1 I III .r R 1 � w - k n M'o'm w.,r• 'k ....� .. }� r , �-�! lo. 166 �V7 CONSENT INDIAN RIVER COUNTY MEMORANDUM I..r TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager DATE: March 12, 2013 SUBJECT: Florida Blue—Administrative Services Agreement Renewal Staff seeks approval to renew the Administrative Services Agreement with Florida Blue at the March 19, 2013, regular meeting of the Board of County Commissioners. The term of the agreement will be from May 1, 2013, to September 30, 2015. The County's current Administrative Services Agreement with Florida Blue expires September 30, 2013. However, Florida Blue has agreed to reduce the administrative fee from $53.32 to $49.95 per participant per month effective May 1, 2013, if the County renews now. This renewal represents a 6.32%, or $63,410, savings per year beginning FY 2013-14. For the remainder of the current fiscal year, the County will save$26,421. Additionally,upon acceptance of this agreement, Florida Blue will provide a wellness contribution to the County in the amount of$75,000. The savings from the reduction in the administrative fee over the next two and a half years in conjunction with the wellness contribution amounts to $228,241. Similar to past agreements with Florida Blue,there is also an early termination fee of$125,000 if the County were to cancel this agreement prior to September 30, 2015. Recommendation Staff recommends that the Board authorize the County Administrator to execute the Administrative Services Agreement renewal with Florida Blue. ATTACHMENT: Florida Blue Administrative Services Agreement—May 1, 2013-September 30, 2015 APPROVED FOR AGENDA: Gp ­-1,p.,* . seph A. Baird, County Administrator Date Approval Date Admin. Legal t . Budget t3 1 Dept. 3i1413 Risk M mt. 122 AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT, entered into on March 19, 2013 is by and between Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue (hereinafter called "Florida Blue") and Indian River County Board of County Commissioners (hereinafter called the "Employer"). In consideration of the mutual and reciprocal promises herein contained, the Administrative Services Agreement between Florida Blue and the Employer(hereinafter"Agreement") effective October 1, 1996 is amended as follows: 1. Section I, subsection 1.1, is hereby amended to extend the term of the Agreement until September 30, 2015 unless the Agreement is terminated earlier in accordance with the terms of the Agreement. 2. Exhibit B to the Agreement is hereby amended, effective May 1, 2013. The revised Exhibit B is attached to this Amendment and replaces the Exhibit B previously attached to the Agreement. 3. Except as otherwise specifically noted in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in f ull force and effect. IN WITNESS WHEREOF, this Amendment has been executed by the duly authorized representatives of the parties. BLUE CROSS AND BLUE SHIELD INDIAN RIVER COUNTY BOARD OF OF FLORIDA, INC. D/B/A FLORIDA COUNTY COMMISSIONERS BLUE By: By: Title: Title: Date: Date: APPROVED AS TO FORM AND LEGAL FI CY BY Cs, ALAN S.POLACKWICH COUNTYW17TORNEY PROVED �n4Y minis trator 123 EXHIBIT "B" to the ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA. INC. D/B/A FLORIDA BLUE and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FINANCIAL ARRANGEMENTS Banking Arrangement I. Effective Date. The effective date of this Exhibit is May 1, 2013. II. Bank Account. The Employer agrees to establish a bank account prior to the effective date of this Agreement, in its own name, at the bank designated by Florida Blue. The Employer authorizes Florida Blue to write checks on the bank account in order to pay claims pursuant to this Agreement. The Employer agrees to maintain the bank account and the reserve amount as set forth below. The Employer shall be responsible for the reconciliation of its bank account, based on information and reports provided by Florida Blue and the bank. III. Special Banking Information. A. Name of Employer (as it is to appear on the checks) - no more than 25 characters: INDIAN RIVER COUNTY B. Employer Bank Account Reference Number - 5 characters: 10047 C. Reserve Requirement: $108,000 124 D. Funding Frequency: Daily ~` E. Method of Funding: ACH IV. Administrative Fees: A. Administrative fees during the term of the Agreement: $49.95 per enrolled employee per month from May 1, 2013 through September 30, 2015. B. Administrative fees after the termination of the Agreement: 15% of claims paid. C. If the Agreement is terminated before September 30, 2015, the Employer will pay Florida Blue a termination fee of$125,000 paid sixty days of termination. If the Agreement is terminated after September 30, 2015, no termination fee will be paid to Florida Blue. V. Late Payment Penalty A. A daily charge of .00038 times the amount of overdue administrative fees. ... VI. Expected Enrollment A. The administrative fees and reserve requirement referenced above are based on an expected enrollment of: 1,570. B. If the actual enrollment is materially different from this expected enrollment, Florida Blue reserves the right to adjust the administrative fees and the reserve requirement as set forth in the Agreement. Actual administrative fees will be charged based on actual enrollment. �•- -2- 125 CONSENT ITEM . D INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator D A TMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director FROM: Roland M. DeBlois, AICP Nom' Chief, Environmental Planning DATE: March 12, 2013 RE: Request for Board Approval of a Resolution for a Grant Application to the Florida Inland Navigation District for Boat Dock and Signage Improvements at the Jones's Pier Conservation Area It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 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). Structures on the Jones's Pier property include the main (principal) house; a detached garage; a guest cottage; a dilapidated single-family dock; and a multi-slip dock facility. The Board recently renewed a license agreement for Sgt. Brad Fojtik of the Agricultural/Marine Unit, Special Operations Section of the Sheriff's Office to occupy the principal residence in exchange for providing on-site security, grounds maintenance and other services. Under the County's license agreement with Sgt. Fojtik, a Sheriff's marine patrol vessel is to be periodically moored at the main dock for public safety. Regarding public access, county staff is working with the Indian River County Historical Society on the concept of opening the guest cottage on the property in the coming year as a public visitor center with information displays. The main dock facility on the property is in reasonably sound condition but is in need of re-decking. Besides the dock re-decking, there is a need to install a boatlift for mooring of a marine patrol vessel. That will enhance the site for more frequent use and storage of a marine patrol vessel, which in turn will benefit public safety in the north county by reducing marine patrol response time in that area. The dilapidated single-family dock (north of the main dock) is in substantial disrepair and should be removed for safety reasons. 126 Currently, county staff is in the process of applying for a 50% matching grant through the Florida Inland Navigation District (FIND) Waterways Assistance Program to repair the main dock, remove the `49&- dilapidated small dock, install a boatlift, and erect a kiosk and educational signage. The estimated cost for the improvements is approximately $30,000, with 50% of that cost ($15,000) to be funded by the FIND grant. As a part of the FIND Waterways Assistance Program grant application for the referenced improvements, FIND requires that the applicant (Indian River County) provide a resolution authorizing the project and ensuring that terms of the grant will be met(if awarded). To that end, the attached resolution (Attachment 3 to this report) is herein presented for the Board's approval consideration. ANALYSIS The attached resolution (Attachment E-6 of the FIND grant application) is in a standardized format as required by FIND. The resolution indicates that the County is applying for 50% ($15,000) of the total estimated cost of the project ($30,000). The following table provides a breakdown of estimated cost by project elements: Jones's Pier-FIND Waterways Assistance Program Project Project Elements Estimated Cost FIND Cost 50% County Cost 50% Re-decking and repair of main dock $15,000 $7,500 $7,500 Installation of boatlift for marine patrol vessel $8,000 $4,000 $4,000 Removal of dilapidated single-family dock $2,000 $1,000 $1,000 Installation of kiosk and signage $5,000 $2,500 $2,500 TOTAL $30,000 $15,000 $15,000 Funding Since the proposed improvements qualify as "initial improvements" to structures on the conservation property, county environmental. land bond funds can be used as the County's funding source for the FIND grant match. As of January 31, 2013, the cash balance of the environmental land bond fund account was $312,615.75, an amount which amply covers the estimated$15,000 match needed for this project. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached resolution (FIND grant application "Attachment E-6") and authorize the Board Chairman to sign the resolution on behalf of the County. ATTACHMENTS: 1. County grant summary form. 2. Aerial of Jones's Pier with notes on proposed improvements. 3. Copy of resolution(FIND grant application"Attachment E-6"). APPROVED: I.R.County tiftKoved Dat Admin. / FOR: March 19, 2013 Legal Budget Dept. BY: J ', Risk Mgr. r► 2 FACommunity Development\Users\ROLAND\LAAO\JONES'S PIER\FIND Grant APP 2013\FIND grant app BCC Res staff rpt for 3-19-13.rtf 127 GRANT NAME: Jones's Pier Waterfront Improvements—FIND WAP GRANT# AMOUNT OF GRANT: $15,000 DEPARTMENT RECEIVING GRANT: Community Development/Environmental Planning CONTACT PERSON: Roland M. DeBlois TELEPHONE: (772)226-1258 1. How long is the grant for?Two years Starting Date: October 1,2013 2. Does the grant require you to fund this function after the grant is over? X Yes 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 50 % 5. Grant match amount required 1,15,000 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? $15,000—County Environmental Land Bond Fund 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries w` 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?N/A Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 15,000 Grant Amount Other Match Costs Not Covered Match Total First Year $15,000 $ $15,000 $30,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 3/12/13 m ATTACHMENT 1 128 t I i0 M: I INDIAN RIVER•SHORES Remove dilapidated unsafe single-family dock Cottage/visitor's center(to be staffed by IRC Historical Society Install educational signavolunteers)ge vri h information' about the history of Jones's Pier and about the Intracoastal Waterway Historic homestead/ Re-deck/repair Jones's sheriffs deputy Pier multi-slip dock caretaker residence install`boat-lift for Sheriff's Marine Patrol vessel p CC W J z 3 9le 9 �_N J C9 Z D MORNINGSIDE DR ANIMAjawwk, .WON" INFORMATIONAL MAP-NOTA SURVEYJONES ' S PIER Location Map e The information on this map is taken from reliable sources. FIND GRANT PROPOSAL O SAL However,its accuracy is not guaranteed. Q0 RESOLUTION NO. 2013- ATTACHMENT E-6 ,,. RESOLUTION FOR ASSISTANCE 2013 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, the Indian River County Board of County Commissioners (BCC) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Historic Jones's Pier Waterfront Improvements Total Estimated Cost $3000 Brief Description of Project: Re-decking and repair of the historic Jones's Pier multi-slip dock facility and removal of a dilapidated hazardous single-family dock; installation of a boatlift for a sheriff's marine patrol vessel; and installation of a kiosk and educational signage relating to public visitation to the County owned Jones's Pier Conservation Area. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, r NOW THEREFORE, be it resolved by the Indian River County BCC that the project described above be authorized, AND, be it further resolved that said Indian River County BCC make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project on behalf of said Indian River County BCC, AND, be it further resolved by the Indian River County BCC that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County BCC for public use. �,.. Page 1 of 2 ATTACHMENT .3 Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 130 RESOLUTION NO. 2013- 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River County BCC at a legal meeting held on this 19th day of March, 2013. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Approved as to Form and Legal Sufficiency: Attest: Jeffrey R. Smith, Clerk of Court & Comptroller BY By: County Attorney Deputy Clerk Page 2 of 2 Form No. 90-21 (Effective date 12-17-90,Rev. 10-14-92) 131 gL INDIAN RIVER COUNTY AVER co PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127[6 STREET ,. VERO BEACH,FLORIDA 32960 Phone: (772) 226-1562 ORID TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: W. Keith McCully, P.E., Stormwater Engineer 9P SUBJECT: CONSENT AGENDA -APPROVAL OF AMENDMENT NO. 2 TO WORK ORDER NO. 5-RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT DATE: February 26, 2013 DESCRIPTION AND CONDITIONS The purpose of this agenda item is to request approval of Amendment No. 2 to Work Order No. 5-RR with the consulting engineering firm Malcolm Pirnie, Inc./Arcadis for additional permitting services for environmental permitting required by the U.S. Army Corps of Engineers (ASCOE). The Rockridge Surge Protection Project includes mitigation of wetlands that will be impacted by construction. The proposed mitigation site is on County owned Earman Island and the additional permitting services are required because an adjacent piece of property on the island is also being permitted for another County mitigation project (Oslo Boat Ramp). The CONSULTANT has to address a USCOE request to coordinate the Rockridge Earman Island mitigation plan with the Oslo Boat Ramp mitigation project and to supply additional information with respect to the mitigation. Obtaining the USCOE permit is necessary for this project in order to satisfy requirements of a FEMA Hazardous Mitigation Grant Program (HMGP) contract (Phase 1 subcontract). This contract was issued shortly after Hurricanes Jean and Francis devastated the County in 2004. The Rockridge subdivision experienced significant flooding during Hurricane Francis and the HMGP contract was issued in order to mitigate future flooding within the subdivision. This work effort is referred to as the Rockridge Surge Protection Project. The County is under Phase 1 of the HMGP contract, which covers design, permitting, and geotechnical surveying services for the �- Rockridge Surge Protection Project. Per the HMGP contract, FEMA will reimburse the County $267,000 for expenses incurred by the County in Phase 1. Existing agreements with Malcolm Pirnie for Phase 1 activities total $613,675.80. The USCOE permit is the 132 Page 2 Amendment No. 2 to Work Order No. 5-RR BCC Meeting — March 12, 2013— CONSENT February 26, 2013 only known remaining item to be completed and its procurement is required by the HMGP contract in order to secure the FEMA Phase 1 reimbursement. Amendment No. 2 to Work Order No. 5-RR will include the permitting services believed necessary to finally complete the project's environmental permitting requirements. The not-to-exceed amount of Amendment No. 2 is $4,500. ANALYSIS Alternative No. 1 — Approve Amendment No. 2 to Work Order No. 5-RR. Alternative No. 2 — Reject Amendment No. 2 to Work Order No. 5-RR. FUNDING The funds for additional permitting services for the Rockridge Surge Protection Project will come from Account # 31524338-033130-06046, Optional Sales Tax / Engineering Services / Rockridge Surge Protection. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 2 to Work Order No. 5-RR. ATTACHMENTS 1. Amendment No. 2 to Work Order No. 5-RR (one copy). DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. Legal APPROVED AGENDA ITEM Indian River County Approved Date 14 Administration / FOR March- 2013 Budget 3 13 13 BYIV- Le al Public Works Stormwater Engineering W�7-12,►�/ `+.r F:\Public Works\KeithM\Stormwater Projects\Rockridge Subdivision\Agenda Items\Agenda Item-MPI Amendment No.2 to Work 13 3 Order No.5-RR.docx WORK ORDER NUMBER 5-RR AMENDMENT NO. 2 PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL '"a' PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT This Work Order Number 5-RR, Amendment No. 2 is entered into as of this day of , 2013, pursuant to that certain Agreement for Professional Services entered into as of February 21 , 2006 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Malcolm Pirnie, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1 .4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS 11 MALC L PIRNIE, INC. OF INDIAN RIVER COUNTY By: - BY Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court & Comptroller By Deputy Clerk proved: seph Baird, County Ad inistrator Ap r v as t f rm ga ufficiency: -- William K. DeBraal, Deputy County Attorney 1 C:\Users\rawlingsp\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LTFDOVU8\Work Order#5-RR Amendment 2.doc 134 ATTACHMENT 1 to WORK ORDER NO. 5-RR AMENDMENT No. 2 �-- PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT INTRODUCTION/O VER VI EW Indian River County (the "County") has requested that Malcolm Pirnie, Inc. (the "CONSULTANT") perform additional environmental permitting services in order to secure a permit from the US Army Corps of Engineers (USACE). The additional USACE environmental permitting services — above the services approved by Amendment No. 1 of Work Order Number 5-RR - are required because the environmental mitigation permitting issues associated with using the County owned property (Earman Island) for this project are compounded because an adjacent piece of property on the Island is also being permitted for another County mitigation project (Oslo Boat Ramp). The CONSULTANT has to address the USACE request to coordinate the Earman Island mitigation plan with the Oslo Boat Ramp mitigation project and for additional information required in securing a permit for this adjacent mitigation site. The recent request by the USACE requires Work Order No. 5-RR, Amendment No. 2 to be issued for the associated additional engineering services related specifically to the activities for the proposed mitigation site. 1.0 ADDITIONAL ENVIRONMENTAL PERMITTING SERVICES Provide additional environmental permitting services as necessary to permit the Rockridge Surge Protection Project with the US Army Corps of Engineers, including but not limited to site visit, preparation of mitigation plan, and written and oral communication with the USACE and the County. The activities to address the requirements of the USACE will require additional manhours by the CONSULTANT to acquire the USACE permit necessary for this project **END OF ATTACHMENT 1** 2 C:\Users\rawlingspWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LTFDOVU8\Work Order#5-RR Amendment 2.doc 135 ATTACHMENT 2 to WORK ORDER NO.5-RR, AMENDMENT NO. 2 PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL - PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 1. COMPENSA TION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not-to- exceed fee of $4,500.00 for services rendered according to Attachment 1 of this Work Order. The additional work will be billed at the hourly rates set forth in the Agreement. These engineering fees will be in addition to those indicated in Work Order No. 5-RR, and Amendment No. 1 of the same work order. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. Using the form contained herein as Attachment 5, the CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Work Order during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. **END OF ATTACHMENT 2** 3 C:\Users\rawlingsp\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LTFDOVU8\Work Order#5-RR Amendment 2.doc 136 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the terms of the lease and authorize the Chairman to sign any documents necessary to give legal effect to the tenancy. ATTACHMENT: Lease Agreement Certificate of Liability Insurance Approved Agenda Ite Indian River Co. Aproved Date BY: Administration / oseph A. Baird County Attorney -)'13- f County Administrator Budget Department 3 3 FOR: MARCH 19,2013 Risk Management FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 03-MAR 2013\BCC Memo-Youth Guidance lease.docBCC Memo- Youth Guidance lease.doc 139 LEASE AGREEMENT THIS AGREEMENT is entered into this 1st day of April, 2013, by Indian River County, a political subdivision of the State of Florida, "Lessor", whose address is 1801 27th Street, Vero Beach, Florida 32960, and Youth Guidance Donation Fund of Indian River County, Inc., a not for profit corporation organized under the laws of the State of Florida, "Lessee", whose address is P. O. Box 121, Vero Beach, Florida 32961. WHEREAS, the Lessor is the owner of real property located at 1028 20th Place, Vero Beach, FL 32960, commonly known as the Old Library; and WHEREAS, the Lessee is a not for profit corporation organized for the purposes of providing mentoring and activities programs for youths of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County; and WHEREAS, Lessee has been occupying a portion of that property, (Leased Premises) without a formal written lease for the past several years; and WHEREAS, the Lessee has applied to the Lessor for a lease of that portion of the Leased Premises that it is currently occupying; and WHEREAS, the Leased Premises is not needed for County purposes and Lessee desires to use the Leased Premises to continue to promote community interest Now and welfare; and WHEREAS, the Board of County Commissioners of Indian River County has adopted a resolution approving this lease pursuant to Section 125.38, Florida Statutes (2012);and WITNESSETH, that in consideration of the covenants herein contained, on the part of the Lessee to be kept and performed, the Lessor does hereby lease to the Lessee a portion of that certain real property located at 1028 20th Place, Vero Beach, Florida, and more particularly described as: Langwick Subdivision, Block 1, Lots 27 to 39 INC, PBI 1-32 The Lessor and Lessee agree as follows: 1. The above recitals are true and correct and incorporated into this lease. 2. TERM AND RENT. This lease shall run for a period of one (1) year from the 1St day of April, 2013, to the 31s' day of March, 2014. The Lessee shall pay annual rent of one dollar ($1.00); the year's rent being due on April 1, 2013. 140 3. UTILITIES. The Lessor shall pay the following utilities: water, electricity and sewer charges which may be assessed upon the premises during the lease term. 4. LICENSES. As a condition of the lease, Lessee shall obtain and maintain any required childcare licenses and permits in compliance with applicable laws and ordinances. 5. WASTE. The Lessee shall not cause, commit, or permit any waste of the premises, nor make any unlawful, improper or offensive use of same. 6. SIGNAGE. Any signage shall be in compliance with applicable laws and ordinances. 7. PROPERTY LEASED "AS IS". The premises are leased in "as is" condition, without warranty or representation as to the condition or suitability of the premises or any improvements thereon. Lessee has examined the Leased Premises and agrees that they are acceptable and suitable for Lessee's purposes. 8. MAINTENANCE AND REPAIRS. Lessor shall maintain the interior and exterior of the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises are maintained during the term of the lease in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. Lessee shall surrender the Leased Premises at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 9. LESSOR `S RIGHT TO INSPECT/REPAIR. Lessor may enter and inspect the Leased Premises at any time upon reasonable notice to determine whether the premises are in need of maintenance or repair. Lessor shall have the right to make any repairs to the Leased Premises which, in the sole discretion of Lessor, are necessary to protect and preserve the Leased Premises. 10. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations or improvements to the Leased Premises without the express written consent of Lessor. 11. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Lessee shall have the right to install on the Leased Premises such equipment and other items necessary or convenient for Lessee's use of the premises. All equipment and items purchased by Lessee and placed in, on, or about the Leased Premises, shall remain the property of Lessee. Lessee may remove such equipment or items on or before the termination or expiration of this lease. Notwithstanding the above, if installation of any equipment or item requires any significant alteration or modification of the premises, such equipment or item shall not be installed without the express written approval of the Lessor. Also, if removal of any equipment or items causes damage to the Leased Premises, such equipment or item shall not be removed unless, immediately following removal, Lessee restores the premises to substantially the same condition as they were ,q.. 2 141 at the beginning of the lease. Lessee shall remove all of Lessee's personal property which is not attached or affixed to the Leased Premises prior to termination or .ow� expiration of the lease. 12. ASSIGNMENT. The Lessee shall not assign this lease or sublet the premises or any part thereof without the prior written consent of the Lessor. 13. INSURANCE. The Lessee shall at all times during the term hereof, carry commercial liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida with a Best Key Rating of A- VII, protecting Indian River County against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Lessee of the subject property and Lessee's improvements and equipment in connection therewith and located therein. Said insurance shall name Indian River County, a political subdivision of the State of Florida, as an additional insured with limits of coverage not less than $1 million per occurrence combined single limit for bodily injury and property damage. The Lessee shall supply written proof of insurance to Lessor within 15 days of the date this lease is executed, and shall continue to supply such proof to Lessor each term such insurance coverage is renewed. Failure to maintain said insurance shall automatically terminate this lease. The Lessee shall at all times during the term hereof, carry Worker's Compensation insurance as required by the State of Florida with a company authorized to do business in the State of Florida in the amounts of: Each Accident $100,000 Each Disease — Each Employee$100,000 Each Disease — Policy Limit $500,000 The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance 14. INDEMNIFICATION. The Lessee shall defend, indemnify and hold harmless the Lessor and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys' fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the Lessee, or its employees, agents, subcontractors, or other persons or entities performing duties under the lease. 142 ATTACHMENT 3 to WORK ORDER NO. 5-RR, AMENDMENT NO. 2 PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 1. TIME FOR COMPLETION Time is of the essence for this project. The CONSULTANT shall complete the final design of this project within 30 calendar days from the COUNTY's Authorization to Proceed. **END OF ATTACHMENT 3** 4 C:\Users\rawlingsp\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LTFDOVU8\Work Order#5-RR Amendment 2.doc 137 CONSENT AGENDA ZM INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Office of Assistant County Administrator Department of General Services Date: February 18, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator/ Department of General Services Subject: Lease Agreement with Youth Guidance Donation Fund of Indian River County, Inc. for Office Space BACKGROUND: The Youth Guidance Donation Fund of Indian River County currently operates as an independent 501(c)(3) organization. In the past, Youth Guidance was funded by the County in a manner more similar to a County Department rather than a standalone, independent entity. They were provided staffing, facilities and administrative support (computer technology, payroll, etc.). On October 12, 2012, the Board of County Commissioners approved the transition of this department to a standalone agency. Youth Guidance has since been repositioned to receive funding as an independent entity in the form of a grant for the remainder of this fiscal year. Beginning with the funding cycle for fiscal year 2013/2014, Youth Guidance may apply for funding as an outside agency through the Children's Services Advisory Committee process. In the past, the county has provided Youth Guidance with office space including utilities (water, electric, telecommunication and data access) within the County Annex facility located at 1028 201h Place, Vero Beach. This complex also accommodates Ag Extension office and Soil & Water Conservation. In light of their conversion to a standalone agency, Staff has prepared a "transitional" lease allowing Youth Guidance to remain in their current physical location rent free one year. With the exception of electric and water services which are metered together with other county operations at the facility, all services previously provided to Youth Guidance have been excluded from the lease. The lease will terminate automatically if the Tenant vacates the premises or ceases to exist as a not-for-profit corporation; or, the County determines that it needs the Leased Premises for County purposes at which time the Tenant will be provided at least a one-hundred twenty (120) days written notice. FAAssistant County,Administrator\AGENDA ITEMS\2013\BCC 03-MAR 2013\BCC Memo-Youth Guidance lease.docBCC Memo- Youth Guidance lease.doc 138 15. USE. Lessee shall not use or permit any part of the premises to be used for any illegal, immoral or improper purpose, or in any manner which creates a nuisance, disturbance or annoyance to other persons or properties in the vicinity of the Leased Premises. The Lessee's use of the leased Premises facilities shall provide services to Indian River County families and will be available to families in a non-discriminatory manner and designed to accommodate and serve significant segments of families in need within Indian River County; provided, however such use must be approved as a use authorized under the Land Development Regulations and Comprehensive Plan of Indian River County, Florida. 16. NOTICE OF BREACH. A breach of any of these covenants by the Lessee shall be grounds for the Lessor to terminate this lease, except that before such termination, the Lessee shall be entitled to fifteen (15) days' written notice and an opportunity to cure the breach within such period. Notice of breach may be by U.S. mail directed to any officer of Lessee, or to Lessee at Lessee's corporate address or at the Leased Premises, and shall be effective upon mailing, or by hand delivery to any officer of Lessee or to any managerial employee of Lessee. 17. TERMINATION. This agreement shall terminate upon its natural expiration and shall not automatically renew. This Agreement shall terminate automatically if the Lessee vacates the premises or ceases to use the subject property for the provision of Youth Guidance services for more than thirty (30) days, or if the Lessee ceases to exist as a not-for-profit corporation organized under the laws of the State of Florida. Lessor may terminate this Lease Agreement prior to its natural expiration if it determines that it needs the subject property for county purposes by providing at least one hundred twenty (120) days' written notice to Lessee. Lessee may terminate this Lease Agreement by providing at least sixty (60) days' written notice of such termination to Lessor. 18. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, addressed to Lessee at: To Lessor at: Youth Guidance Indian River County Attention: Director Attn: Asst County Administrator P.O. Box 121 1801 27th Street Vero Beach, Florida 32961 Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. The remainder of this page was left blank intentionally. 4 143 IN WITNESS WHEREOF, this Lease was executed by the parties as follows: LESSEE LESSOR YOUTH GUIDANCE DONATION BOARD OF COUNTY COMMISSIONERS OF FUND OF INDIAN RIVER COUNTY, INDIAN RIVER COUNTY, FLORIDA INC. 2By By Randy Tremblay, Board Cha' Joseph E. Flescher, Chairman Approved by BCC Witness Attest: (print namep Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Approved as to Form and Legal Deputy Clerk Sufficiency William K. DeBraal County Attorney ofyln 4 Y-1 seph tk Baird ounty Administrator 5 144 Client#: 66175 YOUTGUI ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE M THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 'ORESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. *.,ORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to fhe terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The CIMA Companies, Inc.(CIM) PHONE 703 739-9300 FAx 7037390761 2750 Killarney Dr,Suite 202 E�MCAILo (Arc'"° Woodbridge,VA 22192-4124 PRDDUSER 703 739-9300 CUSTOMER 1D#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Alliance of Nonprofits for Ins 10023 Youth Guidance Donation Fund of IRC PO Box 121 INSURER B:Transportation Insurance Compan 20494 Vero Beach, FL 32961 INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE _ DL UBR POLICY EFF POLICY EXP R WVD POLICY NUMBERMWDD/YYY'Y MM/DDNY-YF LIMITS A GENERAL LIABILITY 201227326 7/22/2012 07/22/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES Ea Ecco ante $500,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE 53,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 POLICY I71PRO-jEcT LOC $ UTOMOBILE LIABILITY 201227326 0712212012 07122/2013 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 BODILY INJURY(Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION 4024181554 10/24/2012 10/24/2013 1WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS IER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? a N/A E.L.EACH ACCIDENT $100,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Indian River County is included as an additional insured under the general liability policy, as their interest may appear,as respects to work being performed by the insured. CERTIFICATE HOLDER CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th Street THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE ©1988-2009 ACCARD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S299681/M295543 BAB 145 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, NNWAPPROVING A COMMUNITY INTEREST LEASE AGREEMENT WITH THE YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, INC., FOR COUNTY OWNED PROPERTY AT 1028 20TH PLACE. WHEREAS, the Youth Guidance Donation Fund of Indian River County, Inc. ("Youth Guidance"), requested that the Board of County Commissioners consider leasing certain County- owned property at 1028 20`h Place, Vero Beach, FL, commonly known as the Old Library ("Property") to Youth Guidance for use as an office; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, Youth Guidance is a Florida non-profit corporation and a corporation organized exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDAIN RIVER COUNTY, FLORIDA: 1. The Board finds that the Property is not needed for County purposes and that Youth Guidance has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and Youth Guidance, in the form set forth in the attached Exhibit "A" for a term of one (1) year at the rental rate of One Dollar ($1.00) payable in advance; 3. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 146 RESOLUTION NO. 2013-_ The Chairman thereupon declared the Resolution duly passed and adopted this 19th day of March, 2013. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 147 LEASE AGREEMENT `""' THIS AGREEMENT is entered into this day of , by Indian River County, a political subdivision of the State of Florida, "Lessor", whose address is 1801 27th Street, Vero Beach, Florida 32960, and Youth Guidance Donation Fund of Indian River County, Inc., a not for profit corporation organized under the laws of the State of Florida, "Lessee", whose address is P. O. Box 121, Vero Beach, Florida 32961. WHEREAS, the Lessor is the owner of real property located at 1028 20th Place, Vero Beach, FL 32960, commonly known as the Old Library; and WHEREAS, the Lessee is a not for profit corporation organized for the purposes of providing mentoring and activities programs for youths of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County; and WHEREAS, Lessee has been occupying a portion of that property, (Leased Premises) without a formal written lease for the past several years; and WHEREAS, the Lessee has applied to the Lessor for a lease of that portion of the Leased Premises that it is currently occupying; and WHEREAS, the Leased Premises is not needed for County purposes and Lessee desires to use the Leased Premises to continue to promote community interest and welfare; and WHEREAS, the Board of County Commissioners of Indian River County has adopted a resolution approving this lease pursuant to Section 125.38, Florida Statutes (2012);and WITNESSETH, that in consideration of the covenants herein contained, on the part of the Lessee to be kept and performed, the Lessor does hereby lease to the Lessee a portion of that certain real property located at 1028 20th Place, Vero Beach, Florida, and more particularly described as: Langwick Subdivision, Block 1, Lots 27 to 39 INC, PBI 1-32 The Lessor and Lessee agree as follows: 1. The above recitals are true and correct and incorporated into this lease. 2. TERM AND RENT. This lease shall run for a period of one (1) year from the day of , 2013, to the day of , 2014. The Lessee shall pay annual rent of one dollar ($1.00); the year's rent being due on , 2013. Exhibit A 148 3. UTILITIES. The Lessor shall pay the following utilities: water, electricity and sewer charges which may be assessed upon the premises during the lease term. 4. LICENSES. As a condition of the lease, Lessee shall obtain and maintain any required childcare licenses and permits in compliance with applicable laws and ordinances. 5. WASTE. The Lessee shall not cause, commit, or permit any waste of the premises, nor make any unlawful, improper or offensive use of same. 6. SIGNAGE. Any signage shall be in compliance with applicable laws and ordinances. 7. PROPERTY LEASED "AS IS". The premises are leased in "as is" condition, without warranty or representation as to the condition or suitability of the premises or any improvements thereon. Lessee has examined the Leased Premises and agrees that they are acceptable and suitable for Lessee's purposes. 8. MAINTENANCE AND REPAIRS. Lessor shall maintain the interior and exterior of the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises are maintained during the term of the lease in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. Lessee shall surrender the Leased Premises at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 9. LESSOR `S RIGHT TO INSPECT/REPAIR. Lessor may enter and inspect the Leased Premises at any time upon reasonable notice to determine whether the premises are in need of maintenance or repair. Lessor shall have the right to make any repairs to the Leased Premises which, in the sole discretion of Lessor, are necessary to protect and preserve the Leased Premises. 10. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations or improvements to the Leased Premises without the express written consent of Lessor. 11. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Lessee shall have the right to install on the Leased Premises such equipment and other items necessary or convenient for Lessee's use of the premises. All equipment and items purchased by Lessee and placed in, on, or about the Leased Premises, shall remain the property of Lessee. Lessee may remove such equipment or items on or before the termination or expiration of this lease. Notwithstanding the above, if installation of any equipment or item requires any significant alteration or modification of the premises, such equipment or item shall not be installed without the express written approval of the Lessor. Also, if removal of any equipment or items causes damage to the Leased Premises, such equipment or item shall not be removed unless, immediately following removal, Lessee restores the premises to substantially the same condition as they were 2 149 at the beginning of the lease. Lessee shall remove all of Lessee's personal property ,am- which is not attached or affixed to the Leased Premises prior to termination or expiration of the lease. 12. ASSIGNMENT. The Lessee shall not assign this lease or sublet the premises or any part thereof without the prior written consent of the Lessor. 13. INSURANCE. The Lessee shall at all times during the term hereof, carry commercial liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida with a Best Key Rating of A- VII, protecting Indian River County against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Lessee of the subject property and Lessee's improvements and equipment in connection therewith and located therein. Said insurance shall name Indian River County, a political subdivision of the State of Florida, as an additional insured with limits of coverage not less than $1 million per occurrence combined single limit for bodily injury and property damage. The Lessee shall supply written proof of insurance to Lessor within 15 days of the date this lease is executed, and shall continue to supply such proof to Lessor each term such insurance coverage is renewed. Failure to maintain said insurance shall automatically terminate this lease. The Lessee shall at all times during the term hereof, carry Worker's Compensation insurance as required by the State of Florida with a company authorized to do business in the State of Florida in the amounts of: Each Accident $100,000 Each Disease — Each Employee$100,000 Each Disease — Policy Limit $500,000 The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance 14. INDEMNIFICATION. The Lessee shall defend, indemnify and hold harmless the Lessor and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys' fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the Lessee, or its employees, agents, subcontractors, or other persons or entities performing duties under the lease. 3 150 15. USE. Lessee shall not use or permit any part of the premises to be used for any illegal, immoral or improper purpose, or in any manner which creates a nuisance, disturbance or annoyance to other persons or properties in the vicinity of the Leased Premises. The Lessee's use of the leased Premises facilities shall provide services to Indian River County families and will be available to families in a non-discriminatory manner and designed to accommodate and serve significant segments of families in need within Indian River County; provided, however such use must be approved as a use authorized under the Land Development Regulations and Comprehensive Plan of Indian River County, Florida. 16. NOTICE OF BREACH. A breach of any of these covenants by the Lessee shall be grounds for the Lessor to terminate this lease, except that before such termination, the Lessee shall be entitled to fifteen (15) days' written notice and an opportunity to cure the breach within such period. Notice of breach may be by U.S. mail directed to any officer of Lessee, or to Lessee at Lessee's corporate address or at the Leased Premises, and shall be effective upon mailing, or by hand delivery to any officer of Lessee or to any managerial employee of Lessee. 17. TERMINATION. This agreement shall terminate upon its natural expiration and shall not automatically renew. This Agreement shall terminate automatically if the Lessee vacates the premises or ceases to use the subject property for the provision of Youth Guidance services for more than thirty (30) days, or if the Lessee ceases to exist as a not-for-profit corporation organized under the laws of the State of Florida. Lessor may terminate this Lease Agreement prior to its natural expiration if it determines that it needs the subject property for county purposes by providing at least one hundred twenty (120) days' written notice to Lessee. Lessee may terminate this Lease Agreement by providing at least sixty (60) days' written notice of such termination to Lessor. 18. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, addressed to Lessee at: To Lessor at: Youth Guidance Indian River County Attention: Director Attn: Asst County Administrator P.O. Box 121 1801 27th Street Vero Beach, Florida 32961 Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. The remainder of this page was left blank intentionally. a 151 IN WITNESS WHEREOF, this Lease was executed by the parties as follows: LESSEE LESSOR YOUTH GUIDANCE DONATION BOARD OF COUNTY COMMISSIONERS OF FUND OF INDIAN RIVER COUNTY, INDIAN RIVER COUNTY, FLORIDA INC. By By Randy Tremblay, Board Chair Joseph E. Flescher, Chairman Approved by BCC Witness Attest: (print name) Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Approved as to Form and Legal Deputy Clerk Sufficiency William K. DeBraal County Attorney Joseph A. Baird County Administrator 5 152 AJ • 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 r l& SUBJECT: Oslo Road Phase II Roadway Widening (43rd Avenue to 27th Avenue) Change Order No. 1 —Final Payment and Release of Retainage IRC Project No. 0533 DATE: March 11, 2013 DESCRIPTION AND CONDITIONS On April 12, 2011,the Indian River County Board of Commissioners awarded Bid No. 2011018 to Dickerson Florida, Inc. in the amount of$3,896,951.64 for the widening of Oslo Road to four lanes with a two-way left turn lane. The widening is approximately one mile in length between 27th Avenue and 43rd Avenue. The project ties into the existing Phase I four lane section recently completed in 2008 and includes curbing, piped drainage, two stormwater treatment ponds, a traffic signal replacement at 27th Avenue,water and sewer re-locations and a bridge modification at 43rd Avenue. Change Order No. 1 is to make final adjustments to bid line items to decrease the total contract price by$136,345.84 for a final contract price of$3,760,605.80 and to add justified time due to miscellaneous delays. Dickerson Florida, Inc. has been paid $3,563,454.65 to date, with $187,550.25 held in retainage. Dickerson Florida, Inc. has completed the project and submitted Pay Application No. 17 in the amount of$197,151.15 for final payment and release of retainage. FUNDING Funding for Dickerson Florida, Inc. Pay Application No. 17 is budgeted and available as follows: Traffic Impact Fees—District 3 Account No. 10215341-066510-06018 Oslo Road —27th Avenue to 43rd Avenue ($9,600.90) Traffic Impact Fees—District 3 - Retainage Account No. 102-206002-06018 Oslo Road —27th Avenue to 43rd Avenue ($183,422.81) Utilities Department Impact Fees Retainage Account No. 471-206000-09510 Oslo Road —27th Avenue to 43rd Avenue ($4,127.44) F:\Public Works\ENGINEERING DWISION PROJECTS\0533-Oslo Rd Phase II(43rd Ave to 27th Ave)\Admim\agenda items\BCC Agri-Change 15 3 Order No. 1 Final Pay and Release Retainage 03-11-13.doc • s PAGE TWO Change Order No. 1—Final Pay& Release of Retainage—Oslo Road Phase II ."00- For BCC Agenda March 19, 2013 RECOMMENDATION Staff recommends approval of Change Order No. 1 to Dickerson Florida, Inc. decreasing the contract total to $3,760,605.80 and payment of Dickerson Florida, Inc. Pay Application No. 17 in the amount of$197,151.15 for final payment and release of retainage. ATTACHMENTS 1. Change Order No. 1 2. Description of Itemized Changes 3. Dickerson Florida, Inc. Application for Payment No. 17 DISTRIBUTION 1. Michael Hotchkiss, P.E., Capital Projects Manager Utilities 2. Dickerson Florida, Inc. APPROVED AGENDA ITEM Indian River County Appr d Date FOR March 19.(2013 Administration 311V)�p BY I I�1' �U�IJI Budget Legal Utilities Public Works Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II(43rd Ave to 27th Ave)\Admim\agenda items\BCC Agn-Change Order No. 1 Final Pay and Release Retainage 03-11-13.doc 154 SECTION 00942 -Change Order Form No. 1 DATE OF ISSUANCE: 3/19/2013 EFFECTIVE DATE:3/19/2013 ` OWNER: Indian River County CONTRACTOR Dickerson Florida. Inc Bid No.:2011018 Project: Oslo Road (CR 606) Phase II Roadway Widenina (43rd Ave to 27h Ave.) ENGINEER's Contract No. 0533 ENGINEER Indian River Countv You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment Attachments: (List documents supporting change) Description of Itemized Bid Schedule Changes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $-3,8-96 951.64 Original Contract Time: (days or dates) Substantial Completion: 330 May 9. 012 Net decrease of this Chane Final Com letion. 360 June 9 0 9 $136.345.84 Net increase(decrease)this Order. Change Order: (days or dates) Substantial Completion: 112 Contract Price with all a roved Final Completion: 112 pp $3 760,605.80 Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion: 4.42 August 31.2012 Final Com etio 1: 472 October 1 2012 ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACT R(Signature) ENGINEER(Signature) OWNER(Signature) Date: I Date: Date: 00942-1 00942-Change Order No 1 C:1UsersViidcShephard-DICKERSONFL%AppDaialLoc�M crosofillMnd*"%Temporary Irdemet Files%Ccmm*OutlooMpR4N7LOLA00942-Chave Order No t doe Rev.ONI 155 Oslo Road Phase If Roadway Widening IRC No.0533 CHANGE ORDER No. 1 Description of Itemized Changes rNo. Description of Change Quanti Unit Unit Price Price Increase Price Decrease Turbid' Barrier Floatin LF 14 7.35 102.90 Turbidity Barrier Staked LF 80 3.15 252.00 104-13-1 Silt Fence Staked(Type III LF 4,951 0.60 2,970.60 104-18 Inlet Protection Systems EA 10 90.00 900.00 110-7-1 Mailbox F&I (Single) EA 2 90.00 180.00 160-4 Stablization Type B SY 471.80 1.75 825.65 425-1-311 Type P-1<10'Inlets Curb EA 3 4,180.00 12,540.00 425-1-312 Type P-1>10'Inlets Curb EA 1 4,450.00 4,450.00 425-1-321 Tvpe P-2<10'Inlets Curb EA 2 4,500.00 9,000.00 430-171-125 Concrete Pipe Culver[ 18"SS LF 3 18.25 54.75 430-171-138A Concrete Pipe Culvert 36"SS LF 1 42.10 42.10 430-171-142A HDPE Pipe Culvert 54"SS LF 7 135.00 945.00 430-171-238 Elliptical Concrete Pipe Culvert 29"x45"SS LF 3 89.00 267.00 430-961-218 PVC Pipe Culvert(8"SS) LF 42 26.20 1,100.40 0-1-10 Curb&Gutter Concrete(Type F LF 439 14.50 6,365.50 520-24 Curb&Gutter Concrete (1 e D LF 11 9.50 104.50 520-3 Valley Curb Concrete LF 61 13.15 802.15 570-1-2B Performance Turf Sod St.Augustine SY 1,100 2.00 2,200.00 630-1-12 Conduit F&I (Underground)2"PVC LF 247 3.15 778.05 635-1-15 Pull Box(F&I)Fiber Optic EA 2 823.00 1,646.00 1644-800 Fire Hydrant Relocate EA 1 935.00 935.00 1645-800 Water Meter Relocate EA 1 327.00 327.00 706-3 RPMS EA 31 3.25 100.75 711-11-122 Traffic Stripe Solid(Thermoplastic) White 8" LF 84 0.90 75.60 711-11-124 Traffic Stipa Solid(Thermoplastic) White 18" LF 175 2.20 385.00 711-11-151 Guidelines(Thermoplastic) White 6" LF 623 0.70 436.10 711-11-170 Directional Arrows(Thermoplastic) EA 3 37.80 113.40 711-11-224 Traffic Stpe Solid hermo lastic ellow 18" LF 9 2.20 19.80 711-11-251 Guidelines(Thermoplastic)(Yellow) 6" LF 327 0.70 228.90 1050-11423 Utility Pipe(F&I)(DI 6" Sewer LF 131 39.25 5,141.75 50-11-424 Utilfty Pipe F&I DI 8" Water LF 148 25.23 3,734.04 T1080-1 80-11-403A Tapping Sleeve&Valve F&I 6"x10" EA 4 3,065.00 12,260.00 1-403B Ta in Sleeve&Valve F&I 8"x20" EA 4 4,680.00 18,720.00 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11(43rd Ave to 27th Ave)1Admim\agenda items\Change Order Form No 1 Oslo Road ph 11 10-25-12(2) Pagel 15 6 Oslo Road Phase 11 Roadway Widening IRC No.0533 CHANGE ORDER No. 1 Description of Itemized Changes 'Item No. Description of Chane IQuanti Unit Unit Price Price Increase Price Decrease T 10-12 Sanita Sewer Fittin s TN 0.19 2,480.00471.20 10-14 Water Fittin s TN 0.22 8,520.001,874.40 11-147-18 Water Fittings 8"Line Stop) EA 2.00 3,545.00 7,090.00 555-1-2 Directional Bore 6"To 12" LF 28.00 18.40 515.20 630-1-12 Conduit F&I Under round 2"PVC LF 272.00 4.00 1,088.00 635-1-15 Pull Box F&I Fiber Optic EA 2.00 446.00 892.00 685-139 System Auxiliaries Fiber Optic Video Am lifter,Transmitter&Receiver EA 1.00 3,000.00 3,000.00 715-1-12 Lighting Conductors F&I No.8 To No.6). LF 470.00 1.05 493.50 783-2-31 Fiber Optic Connection Splice EA 68.00 31.50 2,142.00 520-1-10 New Type F Curb&Gutter Beyond Bridge,S.E.Comer LF 20.00 21.00 420.00 521-5-4 _New 32 Vertical Face Barrier Wall _LF, nn 95.00 of nn . 430-991-129 HDPE Pipe Culvert Smooth Wall N-12)(24"SS) LF 7.00 26.25 183.75 430-991-140 HDPE Pipe Culvert Smooth Wall N-12)(42"SS) LF 5.00 57.75 288.75 430-991-141 HDPE Pipe Culvert Smooth Wall N-12)(48"SS) LF 426.00 74.50 31,737.00 327-70-1 Mill Existing Asphalt Pavement 1" SY 2,924 1.35 3,947.40 '4-1-13B Sue ave Asphaltic Concrete Traffic C (SP-9.5)(111) SY 225 4.75 1,068.75 425-1-351 Type P-5< O'Inlets Curb EA 5 2,850.00 14,250.00 425-1-352 Type P-5>10'Inlets Curb EA 1 3,270.00 3,270.00 425-1-361 TVpe,P-6<10'Inlets Curb EA 1 3,055.00 3,055.00 425-1-461 Type J-6<10'Inlets Curb EA 1 4,565.00 4,565.00 425-2-61 ManHole(P-8)(<10') EA 2 1,510.00 3,020.00 425-2-92 ManHole(J-8)(>1 0' EA 1 4,510.00 4,510.00 425-6 Valve Box(Adjust) EA 2 175.00 350.00 425-11 -Drainage Structure Modify EA 1.0 2,430.00 2,430.00 430-171-125A Corrugated Aluminum Pipe Culvert 18" LF 5.0 28.00 140.00 430-171-129 Concrete Pipe Culvert 24"SS LF 38 30.00 1,125.00 430-171-141 Concrete Pipe Culvert 48"SS LF 17 92.50 1,572.50 430-171-142 Concrete Pie Culvert 54"SS LF 9 122.50 1,102.50 430-171-225 Elli tical Concrete Pipe Culvert 14"x23"SS LF 2 28.50 57.00 520-2-2 Curb&Gutter Concrete(Type B LF 60 15.75 945.00 522-2 S/W Concrete 6" Thick Sidewalks&Turnouts SY 299 28.65 8,566.35 0-1 Ri ra Sand Cement CY 2.00 315.00 630.00 530-3-4 R! rap Rubble F&I Ditch Linin TN 47.12 58.00 2,732.96 550-10-222 Fencin ,Type B 6'Hei ht (Vinyl Coated LF 93 12.60 1,171.80 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11(43rd Ave to 27th Ave)1Admim\agenda items\Change Order FormNo 1 Oslo Road ph 11 10-25-12(2) Page 2157 Oslo Road Phase II Roadway Widening IRC No.0533 CHANGE ORDER No. 1 Description of Itemized Changes Item No. Description of Change Quanti Unit Unit Price Price Increase Price Decrease 555-1-1 Directional Bore Less Than 6" LF 278 17.85 4,962.30 711-11-111 Traffic Stripe Solid(Thermoplastic) White 6" LF 2,964 0.70 2,074.80 711-11-123 Traffic Stipa Solid(Thermoplastic) White 12" LF 186 1.45 269.70 711-11-125 Traffic Stipa Solid(Thermoplastic) White 24" LF 14 2.95 41.30 711-11-141 Traffic Stripe Ski Thermo lastic hite LF 267 0.20 53.40 711-11-211 Traffic Stripe Solid(Thermoplastic) Yellow 6" LF 220 0.70 154.00 711-11-241 Traffic Stripe Ski (Thermoplastic)(Yellow) LF 273 0.20 54.60 639-2-1 Electrical Service Wire(F&I) LF i 210 1.05 220.50 690-32-2 Pole Removal Shallow Bolt On Attachment EA 7 3 1,000.00 3,000.00 783-1-123 Fiber Optic Cable F&I 96F LF 990 1 2.15 2,128.50 783-1-323 Fiber Optic.Cable 1) 96F LF 130 0.90 117.00 430-991-125 HDPE Pipe Culvert Smooth Wall N-12)(18"SS) LF 40 15.75 630.00 430-991-133 HDPE Pipe Culvert Smooth Wall N-12)(30"SS) LF 3 36.75 110.25 FORCEACCOUNT Remove Tree/Stump/Replace Fence LS 1 1 3,319.17 3,319.17 27th Avenue-Drainage LS 1 5,941.48 5,941.48 27th Avenue-Utilities LS 1 1 2,921.58 2,921.58 27th Avenue-AT&T LS 1 7,546.59 7,546.59 Embankment CY 15,600 2.10 32,760.00 Trash Removal November LS 1 47,142.93 47,142.93 6"Gate Valves EA 2 1,330.32 2,660.64 Cut Structure Q S-123 LS 1 473.36 473.36 Stump Costs 12/31/12 LS 1 2,696.03 2,696.03 Stump Costs 1/31/12 LS 1 41,763.69 41,763.69 1 1/2"Water Service Sta.183+10 LS 1 2,873.26 2,873.26 Water Main Stub Out LS 1 6,728.44 6,728.44 8"Water Main Tie-in 27th Avenue LS 1 5,659.79 5,659.79 Additional Utility LS 1 12,423.29 12,423.29 Additional Draina a 0 S-1A LS 1 2,508.54 2,508.54 Additional Drainage Structure S-501 LS 1 7,093.93 7,093.93 Remove Existing Striping&Replace West of 43rd Ave. LS 1 3,265.09 3,265.09 Draina a Structure Grade Chane LS 2 460.00 920.00 Grove Welders Modify Structure LS 1 1,825.45 1,825.45 Stump Cost 2/2/12&2/3/12 LS I1 3,306.25 3,306.25 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11(43rd Ave to 27th Ave)Wdmim\agenda items\Change Order Form No 1 Oslo Road ph 11 10-25-12(2) Page 158 Oslo Road Phase II Roadway Widening IRC No.0533 CHANGE ORDER No. 1 Description of Itemized Changes Fem No. Description of Chane QUantl Unit Unit Price Price Increase Price Decrease Mill Operation Assist LS 1 2,524.00 2,524.00 42"RCP Plug Removal LS 1 4,233.37 4,233.37 Thick Ed a Mill LS 1 18,400.00 18,400.00 HDPE/S105B LS 1 2,372.74 2,372.74 Remove F Curb 0 Ace Hardware Entrance LS 1 2,553.00 2,553.00 Purchase 8 Install Reinforcing Steel Bus Shelter LS 1 1,001.94 1,001.94 Remove Base @ Ace Hardware Entrance LS 1 4,708.73 4,708.73 FORCE ACCOUNT 300,000.00 Subtotals 1 301,948.90 438,294.74 TOTAL CHANGE ORDER#1 ($136,345.84) FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11(43rd Ave to 27th Ave)\Admim\agenda items\Change Order Form No 1 Oslo Road ph 11 10-25-12(2) Page 415 9 1*9W DICIKER00N March 11,2013 FLORIOA,INC. A COMPANY OF THE DICKERSON GROUP,INC. Mr. Deward Howard,Jr.,Manager Construction Coordination Engineering Division Indian River County (840 25'I'Street Vero Beach, Florida 32960 RE: Time Delay Impacts Oslo Road(CR 606)Phase 11 Road Widening I.R.C.Project#OS33 DFI Project Number:3924 Dear Mr. Howard, As you are aware during the construction of the above referenced project,our construction team encountered numerous unforeseen conditions that impacted our overall planned work schedule.The following is a summary of the conditions that impacted the final completion date: Inclement Weather 38 days Stump Dump Cleanup 23 days Drainage Work at S-105 7 days Extra Thick Asphalt 2 days 42"HDPE Under 24"RCP 1 day Added Drainage at S-IA 7 days Added Drainage at S-501 C 7 days 42"RCP Plug Removal 3 days Remove F Curb at Ace Hardware 3 days Rework Base at Ace Hardware 3 days Work Directive#1 6 days Water Main Tie in at 27th Ave. 4 days Modify Structure S-123 2 days Additional Utility Work 6 days 112 days We respectfully request that 112 calendar days be added to the Allowable Contract Time on the above referenced project. May we have your approval for this request? Sincerely, Rick Shepherd Project Manager Dickerson Florida,Inc. Cc: File P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772)429-4444 Fax(772) 429-4445 www.dickersonflorida.com 160 SECTION 00622 - Contractor's Application for Payment Oslo Road (CR 606) Phase II Roadway Widening (43`d to 27t" Ave) Application for Payment No. 17. For Work Accomplished through the period of October 1 2012 through February 7 2013 To: INDIAN RIVER COUNTY From: DICKERSON FLORIDA INC (CONTRACTOR) Bid : 2011018 Project: 0533 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $3,896,951.64 2. Net change by Change Orders and Written Amendments (+ or-): $ 0.00 3. Current Contract Price (1 plus 2): $3,896,951.64 4. Total completed and stored to date: $ 3,760,605.80 5. Retainage (per Agreement): 97% of completed Work: $ 3,760,605.80 % of retainage: $ 0.00 Total Retainage:. $ 0.00 6. Total completed and stored to date less retainage (4 minus 5): $ 3,760,605.80 7. Less previous Application for Payments: $ 3,563,454.65 8. DUE THIS APPLICATION (6 MINUS 7): $ 197,151.15 ** Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Now 3924-17R1161 00622-1 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content.Outlook\U08CAT5B\3924-17R1.doc Rev.05/01 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated February 15 2013 By; ( S;L-1k, - N RAC R— must be signed by an Officer o Corporation) Larry T Dale President STATE OF FLORIDA Print Name and Title COUNTY OF ST LUCIE Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Larry T Dale , who being by me first duly sworn upon oath, says that he/she is the _President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 15th day of February 20 13 . Larry T Dale is personally known to me or has produced as identification. NOTARY PUBLIC: �... (SEAL) SELEMA C.DEWEx NOTARY PUBLIC II'Tinted name: STATE OF FLORIDA Commission No.: Q)MM#EE163327 1M 41091® Commission Expiration: [The remainder of this page was left blank intentionally] c 3924-17R1.do 00622.2 16 2 \\sbs01\users\SDevreyWiy DocumentslExcellspecial est forms13924-Oslo Road\Coversheet13924-17R1.doc Rev.05101 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Travelers Casualty and Surety Company of America , a corporation, in accordance with Public Construction Bond'Number_105522573_, hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Travelers Casualty and Surety Company of America Secretary Corporate Surety One Tower Square Hartford,Connecticut 06183 Busine BY: Address '\ Print Nam@: Karen K.Beard Title: Attorney-in-Fact and Florida Licensed Agent STATE OF NORTH CAROLINA (Affix Corporate SEAL) COUNTY OF BUNCOMBE Before me, a Notary Public, duly commissioned, qualified, and acting,personally appeared Karen K.Beard to me well known or who produced N/A as identification, who being by me first duly sworn upon oath, says that he/she is the Attorne -in-Fact for Travelers Casually and Surety Tra a ers asu and a -i Company ofAmenca and that he/she has been authorized byomnanyoAmenoa It to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 15th day of Februa , 20 2013 . - �. ,- 600 Notary Public, State of NORTH CAROLINA INA My Commission Expires:.Sentemhe�� [The remainder of this page was left blank intentionally] 00622-3 3924-12.doc 1Lsbsnl\userslSDaweyVAy Do mens\ExmAspeciet est for s13924-Oslo Roamcoversh—fta924i2Ad Rev.o5fo1 rrrr 163 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AdW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 223206 Certificate No. 004935342 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Karen K.Beard of the City of ABh'gVifle State of 1.T� � e� � their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or,proceedings allowed by law. TN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22nd �...•y of June 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty. Company St.Paul Guardian Insurance Company FIRE 6 p��W.-�MS!/ J-Pt�NSIi q•.i, Jp[Y 4Np SUR Y A>fi 5?i PORA �3 .a„ 195 ;z; :�' • nnrtrroRo, wwrFa 'i ' Y `�C�a 1 +SEAL;o"; �+ op conn conn. N 1896 '�... sy a SEAL:D y o e O< State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 22nd day of June 2012 before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he, as such,being authorized so to do; executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. � TAA �(�ffU(� e Commission expires the 30th day of June,21016. Ct'01JBttG, Marie C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 6 4 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 165 Page 5 of 5 ATTACHMENT A I. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 3924-17R1.doc 1\sbs01\users\SDeweyVJiy Documents\Excel special est forms\3924-Oslo Road\Cove00622-5 rsheet\3924-17R1.doc Rev.05/01 166 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIAL BALANCE TO FINISH Item No Descrl tion Unit Quantf Unit Price I Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY I TOTAL I STORED QUANTITY TOTAL a ROADWAY IMPROVEMENTS 101-1 IMOBILIZATION LS 1.00 124,000.00 124,000.00 1.00 124,000.00 0.00 0.00 1.00 124,000.00 100% 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS 1.00 140,000.00 140,000.00 1.00 140,000.00 0.00 0.00 1.00 140 000.00 100% 0.00 0.00 104-11 TURBIDITY BARRIER FLOATING LF 64.00 7.35 470.40 50.00 367.50 0.00 0.00 50.00 367.50 78% 14.00 102.90 �.4 TURBIDITY BARRIER STAKED LF 100.00 3.15 315.00 20.00 63.00 0.00 0.00 20.00 63.00 20% 80.00 252.00 SILT FENCE STAKED TYPE III LF 17,488.00 0.60 10,492.80 12 537.00 7,522.20 0.00 0.00 12,537.00 7,522.20 72% 4,951.00 2,970.60 INLET PROTECTION SYSTEMS EA 65.00 90.00 5,850.00 55.00 4,950.00 0.00 0.00 55.00 495000 85% 10.00 900.00 108-1 AS-BUILTS ILS 1 1.00 5,670.00 1 5,670.00 0.00 1 0.00 1.005,670.00 1.00 1 5.670.00 100% 0.00 0.00 108-2 SURVEY CONTROL INSTALL/RE-ESTABLISH LS 1 1.00 13 000.00 1 13,000.00 1.00 13,000.00 0.00 0.00 1.00 13,000.00 100% 0.00 0.00 108-3 AERIAL PHOTOS(4 PANELS/FLIGHT EVERY 30 DAYS DURING P LS 1.00 1,070,00 1,070.00 1.00 1,070.00 0.00 0.00 1.00 1,070.00 100% 0.00 0.00 108-4 NPDES PERMITTING ILS 1 1.00 420.00 1 420.00 1.00 420.00 0.00 0.00 1.00 420.00 100% 0.00 0.00 109-71 FIELD OFFICE ILS 1 1.00 8,100.00 8,100.00 1.00 6,100.00 0.00 0.00 1.00 81100.00 100% 0.00 0.00 110-1-1 STANDARD CLEARING&GRUBBING JAC I 22.00 910.00 20,020.00 22.00 20,020.00 0.00 0.00 22.00 20,020.00 100% 0.00 0.00 110-3 REMOVAL OF EXISTING STRUCTURE ILS I 1.00 4,725.00 4,725.00 1.00 4,725.00 0.00 0.00 1.00 4,725.00 100% 0.00 0,00 110-7-1 MAILBOX(F&I)(SINGLE EA I 2.00 90.00 180.00 0.00 0.00 0.00 0.00 0.00 0.00 0% 2.00 180.00 120-1 EXCAVATION REGULARICY 1 39 492.00 2.65 1 104,653.80 39,492.00 104,653.80 0.00 0.00 39,492.00 104,653.80 100% 0.00 0.00 120-4 EXCAVATION SUBSOIL ICY 1 250.00 9.45 2,362.50 250.00 2,362.50 0.00 0.00 250.00 2,362.50 100% 0.00 0.00 120-6 EMBANKMENT COMPACTED IN PLACEICY 1 8,715.00 1.60 13,944.00 8,715.00 13,944.00 0.00 0.00 8,715.00 13,944.00 100% 0.00 0.00 160-4 STABILIZATION TYPE B ISY 1 45,250.00 1.75 79,187.50 44,778.20 78,361.85 0.00 0.00 44,778.20 78,361.85 99% 471.80 825.65 285-707 BASE GRP 07 8" TWO LIFTS BASE OPTL SY 42,270.00 8.60 363,522.00 42,270.00 363,522.00 0.00 0.00 42,270.00 363,522.00 100% 0.00 0,00 285-714 BASE GRP 14 BASE OPTL SY 100.00 68.50 8,850.00 100.00 8,850.00 0.00 0.00 100.00 8,850.00 100% 0.00 0.00 286-1-1 TURNOUT CONSTRUCTION ASPHALT SY 1 202.60 33.75 6,837.75 202.60 6,837.75 0.00 0.00 202.60 6,837.75 100% 0.00 0.00 327-70-1 MILL EXIST ASPH PVMT 1" SY 1 20115.00 1.35 27,155.25 23,039.00 31,102.65 0.00 0.00 23,039.00 31,102.65 115% -2,924.00 -3,947.40 334-1-13A TRAFF C SP 12.5 2" SUPERPAVE ASPH CONC ISY 1 42,868.00 8,65 370,808.20 42,868.00 370,808.20 0.00 0.00 42,868.00 370,808.20 100% 0.00 0.00 334-1-138 TRAFF C SP 9.5(1")SUPERPAVE ASPH CONC ISY 1 66 058.00 4.75 313,775.50 66,283.00 314,844.25 0.00 0.00 66,283.00 314,844.25 100% -225.00 -1,068.75 334-1-13C ITRAFF C SP 12.5 OVERBUILD SUPERPAVE ASPH CONC ITN 1 970.00 91.50 88,755.00 970.00 88,755.00 0.00 0.00 970.00 88,755.00 100% 0.00 0.00 339-1 ASPH PVMT MISCELLANEOUS TN 25.00 200.00 5,000.00 25.00 5 000.00 0.00 0.00 25.00 5,000.00 100% 0.00 0.00 400-1-2 1 CONC CLASS I(ENDWALLS) CY 20.00 330.00 6,600.00 20.00 6,600.00 0.00 0.00 20.00 6,600.00 100% 0.00 0.00 425-1-311 ITYPE P-1<10'INLETS CURB EA 3.00 4,180.00 12,540.00 0.00 0.00 0.00 0.00 0.00 0.00 0% 3.00 12,540.00 425-1-312 ITYPE P-1>10'INLETS CURB EA 1.00 4,450.00 4,450.00 0.00 0.00 0.00 0.00 0.00 0.00 )% 1.00 4,450.00 425-1-321 ITYPE P-2<10'INLETS CURB EA 2.00 4,500.00 9,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0% 2.00 9,000.00 425-1-351 ITYPE P-5<10'INLETS CURB lEA 3.00 2,850.00 8,550.00 8.00 22,800.00 0.00 0.00 8.00 22,800.00 267% -5.00 -14,250.00 425-1-352 ITYPE P-5>10'INLETS CURB JEA 1 1.00 3,270.00 3,270.00 2.00 6,540.00 0.00 0.00 2.00 6,540.00 200% -1.00 -3,270.00 425-1-355 TYPE P-5 PARTIAL INLETS CURB EA 1.00 1,930.00 1,930.00 1.00 1,930.00 0.00 0.00 1.00 1,930.00 100% 0.00 0.00 �4246 61 TYPE P-6<10'INLLTS CURB EA 7.00 3,055.00 21,385.00 8.00 24,440.00 0.00 0.00 8.00 24,440.00 114% -1.00 -3,055.00 52 TYPEJ-5>10'INLETSCURB EA 7.00 4,620.00 32,340.00 7.00 32,340.00 0.00 0.00 7.00 32,340.00 100% 0.00 0.00 1 TYPE1-6<10'INLETSCURB EA 2.00 4,565.00 9,130.00 3.00 13695.00 0.00 0.00 3.00 13,695.00 150% -1.00 -4,565.00 425-1-462 TYPE 1-5>10'INLETS CURB EA 6.00 5,005.00 30,030.00 6.00 1 30,030.00 0.00 0.00 6.00 30,030.00 100% 0.00 0.00 425-1-467 TYPE 1-6<10'SPECIAL INLETS CURB EA 1.00 10,775.00 10,775.00 1.00 10,775.00 0.00 0.00 1.00 10,775.00 100% 0.00 0.00 425-1-521 ITYPE C<10'DITCH BOTT INLETS EA 5.00 940.00 4,700.00 5.00 4,700.00 0.00 0.00 5.00 4,700.00 100% 0.00 0.00 425-1-523 TYPEC JBOT<10'DITCH BOTT INLETS JEA I 1.00 1,735.00 1,735.00 1.00 1,735.00 0.00 1 0.00 1.00 1,735.00 100% 0.00 0.00 425-1-524 ITYPE C 1 BOT >10'DITCH BOTT INLETS JEA I 1.00 2,235.00 2,235.00 1.00 2,235.00 0.00 0.00 1.00 2,235.00 100% 0.00 0.00 425-1-527 ITYPE C SPECIAL DITCH BOTT INLETS JEA I 2.00 3,835.00 7,670.00 2.00 7,670.00 0.00 0.00 2.00 7,670.00 100% 0.00 0.00 425-2-61 MH(P-8)(<10') EA 7.00 1,510.00 10,570.00 9.00 13 590.00 0.00 0.00 9.00 13,590.00 129% -2.00 -3,020.00 425-2-63 MH(P-8 PARTIAL) EA 1.00 690.00 690.00 1.00 690.00 0.00 0.00 1.00 690.00 100% 0.00 0.00 425-2-71 MH J-7 (<10' EA 1.00 2,400.00 2,400.00 1.00 2,400.00 0.00 0.00 1.00 2,400.00 100% 0.00 0.00 425- 92 MH 1-8 (>10' EA 10.00 4,510.00 45,100.00 11.00 49,610.00 0.00 0.00 11.00 49,610.00 110% 1.00 4,5.0.00 425- -102A MH TYPE J-7 SPECIAL EA 2.00 7,4 0.00 14,900.00 2.00 14,900.00 0.00 0.00 2.00 14 900.00 100% 0.00 0.00 4 28 MH TYPE J-8 SPECIAL EA 1.00 12,125.00 12125.00 1.00 12,125.00 0.00 0.00 1.00 12,125.00 100°/ 0.00 0.00 VALVE BOX ADJUST EA 29.00 175.00 5,075.00 31.00 5,425.00 0.00 0.00 31.00 5 425.00 107% 2.00 350.00 1 Magi- THIS P SCHEDULED VALUE PREVIOUS APPLICATION ERIOD TOTAL COMPLETED % MATERIAL BALANCE TO FINISH Item No. Descri tlon Unit QuantityUnit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 425-ii DRAINAGE STRUCTURE MODIFY EA 4.00 2,430.00 9 720.00 5 CO 12 150.00 0.00 0.00 5.00 12 150.00 125% 430-171-125 CONC PIPE CULVERT 18'55 - -1.00 -2,430.00 LF 1047.00 18.25 19,107.75 1044.00 19,053.00 0.00 0.00 1044.00 19,053.00 100% 3.00 54.75 430-171-125 CAP CULVERT 18"SS LF 17.00 28.00 476.00 22.00 616.00 0.00 0.00 22.00 616.00 129% 5.00 140.00 430-171-129 CONC PIPE cUIV(24"SS LF 319.00 30.00 9,570.00 356.50 10,695.00 0.00 0.00 356.50 10,695.00 112% 430-171-129 CAP CULVERT 24"SS -37.50 -1,125.00 LF 50.00 37.40 1,870.00 50.00 1,870.00 0.00 0.00 50.00 1,670.00 100% 0.00 0.00 430-171-138 CONIC PIPE CULV(36"55 LF 912.00 42.10 38,395.20 911.00 38,353.10 0.00 0.00 911.00 38 353.10 100% 430-171-138 CAP CULVERT 36"SS 1.00 42.10 LF 26.00 50.45 1,311.70 26.00 1,311.70 0.00 0.00 26.00 1,311.70 100% 0.00 0.00 1410-171-140 HDPE PIPE CULV 42"SS LF 87.00 51.40 4,471.80 87.00 4,471.80 0.00 0.00 87.00 4,471.80 100% 430-171-141 CONC PIPE CULV 48"SS 0.00 0.00 LF 255.00 92.50 23587.50 272.00 25160.00 0.00 0.00 272.00 25,160.00 107% -17.00 -1,572.50 1522-2s/W 1-142 CONCPIPECULV 54"SS LF 1,030.00 122.50 126,175.00 1,039.00 127,277.50 0.00 0.00 1,039.00 127,277.50 101% -142 HDPE PIPE CULV 54"S5 9.00 1,102.50 LF 87.00 135.00 11,745.00 80.00 10,800.00 0.00 0.00 80.00 10,800.00 92% 7.00 945.00 1-225 ELLIP CONC PIPE CULV 14"X23"55 LF 78.00 28.50 2,223.00 80.00 2,280.00 0.00 0.00 80.00 2,280.00 103% 1-238 ELLIP CONC PIPE CULV 29"X45"SS LF 64.00 89.00 5,696.00 61.00 5,429.00 0.00 0.00 61.00 5,429.00 95% 2'00 57.00 3.00 267.00 1-218 PVC PIPE CULV 8"55 LF 3,065.00 26.20 80,303.00 3,023.00 79,202.60 0.00 0.00 3,023.00 79,202.60 99% 42.00 1,100.40 2-129 MES CONC 24"Cp EA 1.00 402.00 402.00 1.00 402.00 0.00 0.00 1.00 402.00 100% 0.00 0.00 -10 CURB&GUTTER CONC TYPE F) LF 10 437.00 14.50 151,336.50 9,998.00 144,971.00 0.00 0.00 9,998.00 144,971.00 96% 439.00 6,365.50 -2 CURB&GUTiERcoNC TYPE B) LF 14.00 15.75 220.50 74.00 1,165.50 0.00 0.00 74.00 1,165.50 529% 60.00 945.00 -4 CURB&GUTTER CONC TYPED LF 289.00 9.50 2,745.50 278.00 2,641.00 0.00 0.00 278.00 2,641.00 96% 11.00 104.50 3 VALLEY GUTTER CONC LF 503.00 13.15 6,614.45 442.00 5,812.30 0.00 0.00 442.00 5,612.30 88% 61.00 802.15 2 5/W CONC 6" THICK SIDEWALKS&TURNOUTS SY 5,384.00 28.65 154,251.60 5,683.00 162,817.95 0.00 0.00 5,683.00 162_1 17 106% 299.00 8,566.35 2 S/W CONC 8" THICK SHELTER PAD SY 11.00 27.30 300.30 11.00 300.30 0.00 0.00 11.00 300.30 100% 0.00 0.00 *536-85-26AIGUARDRAIL RIPRAP(SANDCEMENT CY 9.00 315.00 2,635.00 11.00 3,465.00 0.00 0.00 11.00 3,465.00 122% 2.00 630.00 RIPRAP RUBBLE F&1 (DITCH LINING TN 28.60 58.00 1,658.80 75.72 4,391.76 0.00 0.00 75.72 4,391.76 265% 47.12 2,732.96 GUARDRAIL ROADWAY LF 674.00 17.35 11,693.90 674.00 11,693.90 0.00 0.00 674.00 11,693.90 100% 0.00 0.00 END ANCHOR ASMBLY PE ET-2000 EA I 1.00 1,820.00 1,820.00 1.00 1,820.00 0.00 0.00 1.00 1,820.00 100% 0.00 0.00 550-10-222 FENCING,TYPE B 6'HGT VINYL COATED LF 1,981.00 12.60 24,9V624.00 26 132.40 0.00 0.00 2 074.00 26,132.40 105% 93.00 1,171.80 550-60-212 FENCE GATE TYPE B SGL)12'OPENING EA 1.00 945.00 9400 945.00 0.00 0.00 1.00 945.00 100% 0.00 0.00 550-60-225 FENCE GATE(TYPE B DBL)(24'OPENING) EA 2.00 2,100.00 4,20 4,200.00 0.00 0.00 2.00 4,200.00 100% 0.00 0.00 550-79-301 SECURITY GATE RELOCATION EA 1.00 3,150.00 3,10 3,150.00 0.00555-1-1 DIRECTIONAL BORE LESS THAN 6" LF 105.0017.85 1,8 .00 6,83655 0.00570-1-2A PERFORMANCE TURF SOD BAHIA SY 42,000.001.20 50,40.00 50,400570-1-26 PERFORMANCETURF(SOD)ST.AUGUSTINE SY 2,000.00 2.00 4,0 .00 1,800.00 0.00 0.00 900.00 1,800.00 45°/ 1,100.00 2,200.00 580-1-2 LANDSCAPE COMPLETE LGE PLANTS EA 416.00 46.20 19,219.20 416.00 19,219.20 0.00 0.00 416.00 19,219.20 100% 0.00 0.00 580-1-21 PALM TREE EXISTTREE RELOCATION EEA 54.00 711.30 6,010.20 54.00 6 010.20 0.00 0.00 54.00 6,010.20 100°/ 0.00 0.00 580-1-22 OAK TREE EXIST TREE RELOCATION EA 20.00 1,150.00 23,000.00 20.00 23,000.00 0.00 0.00 20.00 23,000.00 100% 0.00 0.00 630-1-12 CONDUIT F&I (UNDERGROUND)2"PVC LF 5,723.00 3.15 18,027.45 5,476.00 17 249.40 0.00 0.00 5,476.00 17,249.40 96% 247.00 778.05 635-1-15 PULL BOX F&I)FIBER OPTIC EA 16.00 823.00 13,168.00 14.00 11,522.00 0.00 0.00 14.00 11,522.00 88% 2.00 1,646.00 635-1-15A PULL BOX(F&I)SPLICE/SLACK BOX EA 1 3.00 2,000.00 6,000.00 3.00 6,000.00 0.00 0.00 3.00 6,000.00 100% 0.00 0.00 715-541-1 LIGHT FIXTURE RELOCATE LF 1.00 1,475.00 1475.00 1.00 1,475.00 0.00 0.00 1.00 1,475.00 -710% 0.00 0.00 730-88 TEMP PUMPING SYSTEM(10,000GPM EA 1.00 5,250.00 5,250.00 1.00 5,250.00 0.00 0.00 1.00 5,250.00 100% 0.00 0.00 1644-800 FIRE HYDRANT RELOCATE EA 7.00 935.00 6,545.00 6.00 5,610.00 0.00 0.00 6.00 5610-00 86% 1.00 935.00 1645-800 WATER METER RELOCATE EA 6.00 327.00 1,962.00 5.00 1,635.00 0.00 0.00 5.00 1 635.00 83% 1.00 327.00 TRAFFIC MARKING&STRIPING 700-20-11 SIGN SGL POST LESS THAN 12 AS 33.00 175.00 5,775.00 33.00 5,775.00 0.00 0.00 33.00 5,775.00 100% 0.00 0.00 701-89 RELOCATE/RECOIJSTRUCrMONUMENT SIGN EA 1.00 5,250.00 5,250.00 1.00 5,250.00 0.00 0.00 1.00 5,250.00 100% 0.00 0.00 706-3 RPMS EA 1,249.00 3.25 _____F_ 4,059.25 1,218. 03,958.50 0.00 0.00 1,218.00 3,958.50 98% 31.00 100.75 711-11-111 IT.S.SOLID TIiERMO W)6" ILF 14,962.00 0.70 10 467.4017,946.00 12,562.20 0.00 0.00 17,946.00 12,562.20 120% 2,964.00 2,074.80 7i&j12�3 22 T.S.SOLID THERMO W)8" LF 872.00 0.90 784.80 788.00 709.20 0.00 0.00 788.00 709.20 90% 84.00 75.60 7 TS LI ­1 ID W)12" LF 1,606.00 1.45 2,328.70 1,792.00 2,598.40 0.00 0.00 1,792.00 2,598.40 112% -186.00 -269.70 7 - T.SSOLID THERMO(W 18" LF 500.00 2.207 T.S.SOLIp THERMO fwl 24" 175.00 385.00 LF 530.00 2.95 1,563.50 544.00 1,604.80 0.00 0.00 544.00 1,604.80 103% -14.00 -41.30 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED ALA % MATERIAL BNCE TO FINISH Item No, Descrl tion Unit QuantIt Unit Price I Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 711-11-141 T.S.SKIP THERMO W LF 14,361.00 0.20 2,872.20 4 256.00_ 851.20 %0372000 2,074.40 14,628.00 2,925.60 102% 711-11-151 GUIDELINES THERMO(W 6" LF 623.00 0.70 436.10 O.OJ 0.00 0.00 0.00 0.00 p°� 267.00 53.40 711-11-160 PVMT MESSAGE THERMO EA 2.00 68.25 136.50 2.00 136.50 0.00 2.00 136,50 100% 623.00 436.10 711-11-170 DIRECT ARROWS THERMO EA 92.00 37.80 3,477.60 89.00 3,364.20 0.00 89.00 3,364.20 97% =327.00 01-1--Il 1-211 T.S.SOLIDTHERMO Y 6" LF 16,169.00 0.70 11,318.30 16,389.00 11,472.30 0.00 16,389.00 11,472.30 101% 01-224 T.S.SOLID THERMO Y 18" LF 79.00 2.20 173.80 70.00 15400 0,00 70.00 154.00 89% 001-241 T.S.SKIPTHERMO(Y) LF 11,373.00 0.20 227460 3,060.00 612.00 1,717.20 11,646.00 2,329.20 102% p 1-251 GUIDELINES THERMO Y 6" 0 LF 882.00 0.70 617.40 356.00 249.20 199.00 139.30 555.00 388.50 63% 0 UTILITY RELOCATION 1-423 UTIL PIPE F&1(DI)6"SEWER LF 388.00 39.25 15,229.00 257.00 10,087.25 0.00 0.00 257.00 10,087.25 66% -424 UTIL PIPE F&1 DI)8"WATER LF 323.00 25.23 8,149.29 175.00 4415.25 0.00 0.00 175.00 4,415.25 54% 131.00 5 141.75 1080-11-403 TAPPING SLEEVE&VALVE F&I,6"X10" EA 8.00 3 065.00 24,520.00 4.00 12,260.00 0.00 0.00 4.00 12,260.00 50% 148.00 3,734.04 1080-11-403B TAPPING SLEEVE&VALVE F&I,8'X20" EA 6.00 4,680.00 28,080.00 2.00 9,360.00 0.00 0.00 2.00 9,360.00 33% 4.00 12,260.00 1510-12 SAN.SEWER FITTINGS TN 1.00 2,480.00 2,480.00 0.81 2,008.80 0.00 0.00 0.81 2,008.80 81% 4.00 18,720.00 1610-14 WATER FITTINGS 0.19 471.20 TN 1.25 8,520.00 10,650.00 1.03 8,775.60 0.00 0.00 1.03 8,775.60 82% 0.22 1,874.40 1611-147-18 WATER FITTINGS 8"LINE STOP EA 2.00 3,545.00 7,090.00 0.00 0.00 0.00 0.00 0.00 0.00 0% SIGNALIZATION 2.00 7,090.00 555-1-2 DIRECT BORE 6"70<12" LF 315.00 18.40 5,796.00 287.00 5,280.80 0.00 0.00 287.00 5,280.80 91% 555-1-3 DIRECT BORE 12"TO<18" 28.00 515.20 LF 175.00 24.70 4,322.50 175.00 4,322.50 0.00 0.00 175.00 4,322.50 100% 0.00 0.00 630-1-12 CONDUIT F&I (UNDERGROUND 2"PVC LF 395.00 4.00 1,580.00 123.00 492.00 0.00 0.00 123.00 492.00 31% 632-7-1 SIGNAL CABLE F&I 272.00 1088.00 PI 1.00 6,825.00 6,825.00 1.00 6,825.00 0.00 0.00 1.00 6,825.00 100% 0.00 0.00 635-1-15 PULL BOX F&I FIBER OPTIC EA 13.00 446.00 5,798.00 11.00 4,906.00 0.00 0.00 11.00 4,906.00 65% 639-1-12 PURCHASE BY CONTRACTOR2.00 892.00 AS 1.00 570.00 570.00 1.00 570.00 0.00 0.00 1.00 570.00 100% 0.00 0.00 693-2-1 ELEC SVC WIRE F&I LF 30.00 1.05 31.50 240.00 252.00 0.00 0.00 240.00 252.00 800% 693-3-11 ELEC SVC WIRE F&I POLE MOUNTED -2100 -2200 EA 1.00 156.00 156.00 1.00 156.00 0.00 0.00 1.00 156.00 100% 0.00 0.00 641-2-12 PRESTRESS CONC POLE F&I-DIRECT BURIAL TYPE P-11 SVC POL EA 1.00 604.00 604.00 1.00 604.00 0.00 0.00 1.00 604.00 100% 649-31-107 M.ARM ASMBLY F&I 1SOMPH SGL ARM W/LUMINAIRE 46' EA 1.00 20,680.00 20,660.00 1.00 20,680.00 0.00 0.00 1.00 20 660.00 100% 0.00 0.00 649-31-108 M.ARM ASMBLY F&I 150MPH SGL W/LUMINAIRE 60' EA 1.00 28,765.00 28,765.00 1.00 28,765.00 0.00 0.00 1.00 26,765.00 100% 0.00 0.00 649-31-109 M.ARM ASMBLY F&I 150MPH SGL ARM W/LUMINAIRE 70.5' EA 2.00 29,085.00 58,170.00 2.00 58,170.00 0.00 0.00 2.00 58 170.00 100% 0.00 0.00 650-51-311 TRAFF SIG F&I 3-SECT 1-WAY STANDARD AS 3.00 676.00 2,028.00 3.00 2,028.00 0.00 0.00 3.00 2,028.00 100% 0.00 0.00 650-51-511 TRAFF SIG F&I 5-SECT 1-WAY STANDARD AS 9.00 1,035.00 9,315.00 9.00 9,315.00 0.00 0.00 9.00 9,315.00 100% 653-191 PEDES SIG F&I LED-COUNTDOWN 1-WAY AS 2.00 545.00 1,090.00 2.00 1,090.00 0.00 0.00 2.00 1,090.00 100% 653-192 PEDES SIG F&I LED-COUNTDOWN 2-WAY AS 3.00 1,100.00 3,300.00 3.00 3,300.00 0.00 0.00 3.00 3,300.00 100% 0.00 0.00 659-107 SIG HEAD AUX F&I ALUMINUM PEDESTAL EA 3.00 660.00 1,980.003.00 1,980.00 0.00 0.00 3.00 1,980.00 100% 0.00 0.00 663-74-15 VEHICLE DETECT F&I VIDEO DETECTOR EA 4.00 5,570.00 22,280.00 4.00 22,280.00 0.00 0.00 4.00 22,280.00 100% 0.00 0.00 665-11 PEDES DETECT F&I POLE MOUNTED EA 8.000.00 100.00 800.00 8.00 800.00 0.00 0.00 8.00 800.00 100% 0.00 670-5-110 TRAFF CONTROL ASMBLY F&I NEMA TYPE 5 NO PREEMPTION AS 1.00 20 500.00 20,500.00 1.00 20,500.00 0.00 0.00 1.00 20,500.00 100% 0.00 0.00 685-138 SYS AUX CCN CAMERA ASMBLY EA 1.00 6,930.00 6,930.00 1.00 6,930.00 0.00 0.00 1.00 6,930.00 100% 685-139 SYS AUX FIBER OPTIC VIDEO AMPLIFIER,TRANSMITTER&REC EA 1.00 3,000.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0% 1.00 0.00 690.10 RMV TRAFF SIG HEAD ASMBLY 1.00 3,000.00 EA 8.00 10.50 84.00 8.00 84.00 0.00 0.00 8.00 84.00 100% 0.00 0.00 690-20 RMV PEDES SIG ASMBLY JEA 1 8.00 15.75 126.00 8.00 126.00 0.00 0.00 8.00 126.00 100% 690-32-2 POLE REMOVAL(SHALLOW) BOLT ON ATTACHMENT) EA 4.00 1,000.00 1 4000.00 7.00 7,000.00 0.00 0.00 7.00 7,000.00 175% 0.00 0.00 3.00 3,000.00 -so RMV CONTROLLER ASMBLY EA 1.00 265.00 265.00 1.00 1 265.00 0.00 0.00 1.00 265.00 100° 690-60 RMV VEHICLE DETEC ASMBLY0.00 0.00 EA 5.00 8.40 42.00 5.00 42.00 0.00 0.00 5.00 42.00 100% 0.00 0.00 690-70 RMV PEDES DETEC ASMBLY EA 8.00 10.50 84.00 8.00 84.00 0.00 0.00 8.00 84.00 100% 690-90 RMV CONDUIT&CABLING0.00 0.00 PI 1.00 185.00 185.00 1.00 185.00 0.00 0.00 1.00 185.00 100% 0.00 0.00 690-100 RMV MISC SIGNAL EQUIP PI 1.00 200.00 200.00 1.00 200.00 0.00 0.00 1.00 200.00 100 699- -1 INT ILLUM SIGN F&I STREET NAME 0.00 0.00 EA 4.00 2,150.00 8,600.00 4.00 8,600.00 0.00 0.00 4.00 8,600.00 100% 0.00 0.00 715-1-12 LIGHTING CONDUCTOR F&I NO.8 TO NO.6 LF 1,470.00 1.05 1,543.50 1,000.00 1,050.00 0.00 0.00 1,000.00 1 050.00 68% 0 RMV LUMINAIRE&BRACKET ARM EA 4.00 95.00 380.00 4.00 360.00 0.00 0.00 4.00 380.00 100% 470.00 493.50 7 - 21 FIBER OPTIC CABLE F&I 12F 0.00 0.00 LF 75.00 1.60 120.00 75.00 1 120.00 0.00 0.00 75.00 120.00 100% 0.00 1 0.00 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIAL BALANCE TO FINISH Item No. Descrl tion Unit Quanti Unit Price I Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 783-1-123 FIBER OPTIC CABLE LF 5410.00 2.15 11,631.50 6,400,00 13,760.00 0.00 0.00 6,400.00 13,760.00 118% 990.00 2,128.50 783-1-321 FIBER OPTIC CABLE 112F LF 500.00 0.90 450.00 500.00 450.00 0.00 0.00 500.00 450.00 100% 0.00 0.00 783-1-323 FIBER OPTIC CABLE 196F LF 440.00 0.90 396.00 570.00 513.00 0.00 0.00 570.00 513.00 130% 130.00 117.00 783-2-31 FIBER OPTIC CONNECTION SPLICE EA 216.00 31.50 6,804.00 148.00 4,662.00 0.00 0.00 148.00 4,662.00 69% 68.00 2,142.00 14BRIDGE, -11 FIBER OPTIC CONNECTION HARDWARE ENCLOSURE)F&I �A 1.00 895.00 895.00 1.00 895.00 0.00 0.00 1.00 895.00 100% 0.00 0.00 -12 FIBER OPTIC CON-1---------LICE TRAY F&I EA 11.00 40.00 440.00 11.00 440.00 0.00 0.00 11.00 440.00 100% 0.00 15 PREfERMINATED F&I 0.00 EA 1.00 1 115.00 1,115.00 1.00 1,115.00 0.00 0.00 1.00 1,115.00 100% 0.00 0.00 18 FIBER OPTIC CONNECTION HARDWARE PATCH CORD DUPLE EA 2.00 28.35 56.70 2.00 56.70 0.00 0.00 2.00 56.70 100% 0.00 0.00 -1 ETHERNET SWITCH EA 1.00 2,572.00 2,572.00 1.00 2,572.00 0.00 0.00 1.00 2,572.00 100% 0.00 0.00 BRIDGE IMPROVEMENTS 4 PARTIAL DEMO S/WON NORTH SIDE OF BRIDGE LS 1.00 5,250.00 5,250.00 1.00 5,250.00 0.00 0.00 1.00 5,250.00 100% 0.00 0.00 1 MISC ASPH,PARTIAL RDWY LS 1.00 5,250.00 5,250.00 1.00 5,250.00 0.00 0.00 1.00 5,250.00 100% 0.00 0.00 .4 CLASS II CONC-NEW S"RAISED S/W MODIF ON NORTH SIDE CY 1.50 630.00 945.00 1.50 945.00 0.00 0.00 1.50 945.00 100% 0.00 0.00 15 AT NW CORNER LS 1.00 2,100.00 2,100.00 1.00 2,100.00 0.00 0.00 1.00 2,100.00 100% 0.00 0.00 4 REINF STEEL-NEW 8"RAISED S/W MOD ON NORTH SIDE OF B LB 107.00 1.30 139.10 107.00 139.10 0.00 0.00 107.00 139.10 100% 0.00 0.00 10 NEW TYPE F CURB,NE CORNER LF 20.00 21.00 420.00 20.00 420.00 0.00 0.00 20.00 420.00 100% 0.00 0.00 -4 BRIDGE,NW CORNER LF 30.50 252.00 7,666.00 30.50 7,686.00 0.00 0.00 30.50 7,686.00 100% 0.00 0.00 521-73 BRIDGE NE&NW CORNERS LS 1.00 4,620.00 4,620.00 1.00 4 620.00 0.00 0.00 1.00 4,620.00 100% 0.00 0.00 536-1 ANCHORAGE OF G/R,NW CORNER EA 1.00 1,315.00 1,315.00 1.00 1,315.00 0.00 0.00 1.00 1,315.00 100% 0.00 0.00 536-1-5 THRIE BEAM,NW CORNER LS 1.00 525.00 525.00 1.00 525.00 0.00 0.00 1.00 525.00 100% 0.00 0.00 536-82 RELOCATE G/R NW CORNER INCL MISC.ASPH BENEATH G/R LS 1.00 580.00 580.00 1.00 580.00 0.00 0.00 1.00 580.00 100% 0.00 0.00 538-1 REMOVE G/R,NW CORNER LS 1.00 235.00 235.00 1.00 235.00 0.00 0.00 1.00 235.00 100% 0.00 0.00 110-3 DEMO OF PIPE CRADLES ON SOUTH SIDE OF BRIDGE EA 6.00 225.00 1,350.00 6.00 1,350.00 0.00 0.00 6.00 1,350.00 100% 0.00 0.00 110-4 MI CORNER LS 1.00 4150.00 4,150.00 1.00 4,150.00 0.00 0.00 1.00 4,150.00 100% 0.00 0.00 0339-1 MISC ASPH,PARTIAL RDWY LS 1 1.00 5,800.00 5,800.00 1.00 1 5,800.00 0.00 0.00 1.00 5,600.00 100% 0.00 0.00 400-2-4 CLASS II CONC-NEW RAISED S/W ON SOUTH SIDE OF BRIDGIJ CY 1 10.00 447.00 4,470.00 10.00 4,470.00 0.00 0.0D 10.00 4,470.00 100% 0.00 0.00 415-1-4 REINF.STEEL-NEW RAISED S/W ON SOUTH51DE OF BRIDGE ILB 550.00 1.30 715.00 550.00 715.00 0.00 0.00 550.00 715.00 100% 0.00 0.00 460-70-1 NEW ALUM PEDES RAILING PER INDEX 822 ON SOUTH SIDE O LF 60.00 25.20 1,512.00 60.00 1,512.00 0.00 0.00 60.00 1,512.00 100% 0.00 0.00 520-1-10 NEW TYPE F CURB&GUTTER BEYOND BRIDGE,SE CORNER ILF 20.00 21.00 420.00 0.00 0.00 0.00 0.00 0.00 0.00 0% 20.00 420.00 521-5-4 NEW 32"VERTICAL FACE BARRIER WALL ILF 60.0095.00 5,700.00 59.00 5,605.00 0.00 1 0.00 59.00 5,605.00 98% 1.00 95.00 521-72 BRIDGE,SW CORNER ILF 60.00 252.00 1 15,120.00 60.00 15,120.00 0.00 0.00 60.00 15,120.00 100% 0.00 0.00 521-72-4 TRANSITION BARRIER WALL,F TYPE TO SHOULDER TYPE,SW d LS 1.00 466.00 1 466.00 1.00 466.00 0.00 1 0.00 1.00 466.00 100% 0.00 0.00 521-73 DEMO OF"F"SHAPE CONCTRAFF RAILING ON SOUTH SIDE OILS 1.00 7,350.00 7,350.00 1.00 7,350.00 0.00 0.00 1.00 7,350.00 100% 0.00 0.00 521-73A SE&SW CORNERS LS 1.00 4,095.00 4,095.00 1.00 4,095.00 0.00 0.00 1.00 4,095.00 100% 0.00 0.00 522-2 AT NW CORNER LS 1.00 2100.00 2,100.00 1.00 2,100.00 0.00 0.00 1.00 2,100.00 100% 0.00 0.00 0536-1 ANCHORAGE OF G/R,SW CORNER LS 1.00 1,315.00 1,315.00 1.00 1,315.00 0.00 0.00 1.00 1,315.00 100% 0.00 0.00 536-1-1 NEW G/R,SE CORNER,INCL MISC ASPH BENEATH G/R LS 1.00 790.00 790.00 1.00 790.00 0.00 0.00 1.00 790.00 100% 0.00 0.00 0536-1-5 THRIE BEAM,SW CORNER LS 1.00 525.00 525.00 1.00 525.00 0.00 0.00 1.00 525.00 100% 0.00 0.00 536-73 RMV EXIST G/R,SE CORNER LS 1.00 370.00 370.00 1.00 370.00 0.00 0.00 1.00 370.00 100% 0.00 0.00 536-82 NEW G/R,SE CORNER,INCL MISC ASPH BENEATH G/R LS 1.00 790.00 790.00 1.00 790.00 0.00 0.00 1.00 790.00 100% 0.00 0.00 0536-82A RELOCATE G/R,SW CORNER,INCL MISC.ASPH BENEATH G/R LS 1.00 685.00--F-685.00 1.00 665.00 0.00 0.00 1.00 685.00 100% 0.00 0.00 536-85-22 NEW G/R,SE CORNER,INCL MISC ASPH BENEATH G/R LS 1.00 1,315.00 1,315.00 1.00 1,315.00 0.00 0.00 1.00 1,315.00 100% 0.00 0.00 0538-1 REMOVE G/R,SW CORNER LS 1.00 236.00 236.00 1.00 236.00 0.00 0.00 1.00 236.00 100% 0.00 0.00 MISCELLANEOUS B00 PUBLIC CONSTRUCTION BOND LS 1.00 28,900.00 28,900.00 1.00 26,900.00 0.00 0.00 1.00 28,900.00 M102% 0.00 0.00 301 TRENCH SAFETY COMP OVER 5' SEE SEC.00454 LS 1.00 10.00 10.00 1.00 10.00 0.00 0.00 1.00 10.00 0.00 0.00 302 TRENCH SAFETY COMP SHORING SEE SEC.00454 LS 1.00 10.00 10.00 1.00 10.00 0.00 0.00 1.00 10.00 0.00 0.00 ALTERNATE"B" 430-99 125 HDPE PIPE CULV SMOOTH WALL N-12 18"SS LF 649.00 15.75 10,221.75 689.00 10,851.75 0.00 0.00 689.00 10,851.75 -40.00 -630.00 430-99 129 HDPE PIPE CULV SMOOTH WALL N-12 24"SS LF 313.00 26.25 8,216.25 306.00 8,032.50 0.00 0.00 306.00 8,032.50 7.00 183.75 43%."0133 HDPE PIPE CULV SMOOTH WALL N-12 30"SS LF 181.00 36.75 6,651.75 184.00 6,762.00 0.00 0.00 184.00 6,762.00 3.00 110.25 LTASA . SCHEDULED VALUE PREVIOUS APPLICATION ""E"ROD TOTAL COMPLETED % MATERIAL BALANCE TO FINISH Item No. Descri tion Unit Quantit Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 430-991440 HDPE PIPE CULV SMOOTH WALL N-12 42"SS LF 1,705.00 57.75 98,463.75 1,700.00 98,175.00 0.00 0.00 1,700.00 98,175.00 100% 5.00 288.75 95,956.00 0.00 430-991-141 HDPE PIPE CULVSMOOTH WALL N-1248"SS LF 1714.00 74.50 127,693.00 1,268.00 0.00 1,288.00 95,956.00 75% 426.00 31,737.00 SUBTOTAL SUBTOTAL 3,596,951.64 9,600 90 .3,530,982.51 0.00 65,969.13 FORCE ACCOUNT Ls 1.00 70,376.71 70,376.71 0.00 0.00 0 0.00 0.00 0.00 70,376.71 REMOVE/REPLACE FENCE-STUMP REMOVAL LS 1.00 3,319.17 3,319.17 1.00 3,319.17 0.00 0.00 1.00 3,319.17 100% 0.00 0.00 27TH AVENUE-DRAINAGE LS 1.00 5,941.48 5,941.48 1.00 5,941.46 0.00 0.00 1.00 5,941.48 100% 0.00 0.00 27THAVENUE-UTILITIES LS 1.00 2,921.58 2,921.58 1.00 2,921.56 0.00 0.00 1.00 2,921.58 100% 0.00 0.00 27TH AVENUE-AT&T LS 1.00 7,546.59 7,546.59 1.00 7,546.59 0.00 0.00 1.00 7,546.59 100% 0.00 0.00 EMBANKMENT CY 15,600.00 2.10 32,760.00 15,600.00 32,760.00 0.00 0.00 15,600.00 32,760.00 100% 0.00 0.00 TRASH REMOVAL(NOV) LS 1.00 47,142.93 47,142.93 1.00 47,142.93 0.00 0.00 1.00 47,142.93 100% 0.00 0.00 6"GATE VALVES EA 2.00 1,330.32 2,660.64 2.00 2,660.64 0.00 0.00 2.00 2,660.64 100% 0.00 0.00 CUT STRUCTURE @ 5-123 LS 1.00 473.36 473.36 1.00 473.36 0.00 0.00 1.00 473.36 100% 0.00 0.00 STUMP COSTS(12/31/11 LS 1.00 2,696.03 2,696.03 1.00 2,696.03 0.00 0.00 1.00 2,696.03 100% 0.00 0.00 STUMPCOSTs 1/31/12 LS 1.00 41,763.69 41,763.69 1.00 41,763.69 0.00 0.00 1.00 41,763.69 100% 0.00 0.00 0.00 0.00 1 1/2 WATER SERVICE @ 183+10 LS 1.00 2,873.26 2,873.26 1.00 2,673.26 0,00 0.00 1.00 2,873.26 100% 0.00 n nn WATER MAIN STUB OUT LS 1.00 6,728.44 6,728.44 1.00 6,728.44 0.00 0.00 1.00 6,728.44 100% 0.00 0.00 8"WM TIE IN @ 27TH AVENUE LS 1.00 5,659.79 5,659.79 1.00 5,659.79 0.00 0.00 1.00 5,659.79 100% 0.00 0.00 ADDITIONAL UTILITY LS 1.00 12 423.29 12,423.29 1.00 12,423.29 0.00 0.00 1.00 12,423.29 100% ADD'L DRAINAGE @ S-IA LS 1.00 2,508.54 2,508.54 1.00 2,508.54 0.00 0.00 1.00 2,508.54 100% 0.00 0.00 0.00 0.00 EXCAVATE/F&I ADPL DRAINAGE 5501 LS 1.00 7,093.93 7,093.93 1.00 7,093.93 0.00 0.00 1.00 7,093.93 100% 0.00 0.00 REM EX STRIPING&REPLA LS 1.00 3,265.09 3,265.09 1.00 3,265.09 0.00 0.00 1.00 3 265.09 100% 0.00 0.00 DRAINAGE STRUCTURE GRADE CHANGE EA 2.00 460.00 920.00 2.00 920.00 0.00 0.00 2.00 920.00 100% 0.00 0.00 GROVE WELDERS LS 1.00 1,825.45 1,825.45 1.00 1,825.45 0.00 0.00 1.00 1,825.45 100% 0.00 STUMP COST 2/2&3/12) LS 1.00 3,306.25 3,306.25 1.00 3,306.25 0.00 0.00 1.00 3,306.25 100% 0.00 0.00 0.00 MILL OPERATION ASSIST LS 1.00 2,524.00 2,524.00 1.00 2,524.00 0.00 0.00 1.00 2,524.00 100% 42 RCP PLUG REMOVAL LS 1.00 4,233.37 4,233.37 1.00 4,233.37 0.00 0.00 1.00 4,233.37 100% p.p0 0.0 0.00 0.00 THICK EDGE MILL LS 1.00 18,400.00 18,400.00 1.00 18,400.00 0.00 0.00 1.00 18,400.00 100°/ 0.00 0 00 HDPE/51058 LS 1.00 2,372.74 2,372.74 1.00 2,372.74 0.00 0.00 1.00 2,372.74 100% 0.00 0.00 REM F CURB @ ACE HARDWARE LS 1.00 2,553.00 2,553.00 1.00 2,553.00 0.00 0.00 1.00 2,553.00 100% PURCHASE STEEL FOR BUS SHELTER LS 1.00 1,001.94 1,001.94 1.00 1,001.94 0.00 0'.00 1.00 1,001.94 100% 0.00 0.00 BASE @ ACE HARDWARE LS 1.00 4,708.73 4,708.73 1.00 4,708.73 0.00 0.00 1.00 4,708.73 100% 0.00 0.00 76.71 SUBTOTAL SUBTOTAL 300,000.00 0 00 229,623.29 0 00 3 41 E, e We will, a IFFAW, �" ,baa, a} � E � o sA ZI GRAND TOTAL 1�t"�lriTOTAL 3,896,951.64 3,71,004.90 9,600.90 3,760,6..0 5.80 97% 0.00 ..1 3<6,34.5. .84 E AMOUNT COMPLETED TO DATE 53,760,605.80 MATERIALS STORED TO DATE 50.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO DATE 53,760,605.80 RETAINAGE AT% 50.00 TOTAL COMPLETED AND STORED LESS RETAINAGE $3,760,605.80 LESS PREVIOUS PAYMENT S3,563,454.66 AMOUNT DUE CONTRACTORL5197,151.14 .i g� INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engine Michael D. Nixon, P.E., Roadway Production M nagger FROM: Arjuna Weragoda, P.E., Project Engineer SUBJECT: Civil Engineering and Land Surveying Agreement for CR 510 between 61St Drive and Shore Lane- Amendment No.5 IRC Project No. 0549 DATE: March 5, 2013 DESCRIPTION AND CONDITIONS McMahon and Associates, Inc. is under contract with Indian River County to provide Civil Engineering and Land Surveying Services for CR 510 between 61 st Drive and Shore Lane. On December 18, 2012, the Board of County Commissioners voted to advance the CR 510 widening project in its 5-year Capital Improvement Element. To address this change, staff proposes the attached Amendment No. 5 which includes the following: • Shorten the segment of CR 510 to begin at 55th Avenue instead of 61 st Drive. This change will result in amended plan and profile sheets, cross-section sheets, tabulation sheets, signing and marking sheets, signalization sheets, drainage structures sheets,typical section sheets, landscape and irrigation plans and traffic control plan sheets • Move detention Pond No.7 to a mutually-agreeable location within the Graves Brothers property located on the north side of CR-510 between US1 and FEC Rail Road Tracks. This change will require additional surveying, geotechnical exploration and drainage analysis which will also result in revisions to the drainage report. • The construction plans and specifications for Indian River County Utilities will be updated to reflect the new project limits. Design drawings are 90% completed for the widening of CR-510 from 61 st Drive to Shore Lane, which includes the widening on US Hwy 1. The 100%design drawings for the revised limits will be submitted within six months from notice to proceed. During the development of the 100% construction plans, Indian River County staff and the consultant (McMahon and Associates, Inc.) will coordinate and share information on detention Pond No.7 with Graves Brothers. The contemplated design changes will need to be permitted by St. Johns River Water Management District, Florida Department of Transportation, US Army Corps of Engineers and the Florida East Coast Railway. F:\Public Works\ENGINEERING DIVISION PROJECTS\0549-CR510 61 st DR to Indian Riv Lagoon Shore LA(McMahon)\Admim\Contracts\Contracts& Agenda Items\Agenda's\Amendment No.5 for 03-19-13 BCC.doc 172 Civil Engineering and Land Surveying Agreement for CR 510 from 615 Drive to Shore Lane- Amendment No.5 -- Page 2 The cost of design changes for Amendment No. 5 includes a lump sum amount of $58,320.00 for design changes, plus $8,030.00 for design changes to the utility plans, plus a not to exceed amount of$15,000.00 for coordination meetings. The total fee for Amendment No. 5 raises the total contract amount from $1,362,201.00 to $1,443,551.00. FUNDING Funding for Amendment No. 5 is budgeted and available from Traffic Impact Fees, District 1, Account# 10215141-066510-05023 CR 510/55t" to Indian River in the amount of$73,320.00 and Utilities WIP Account No. 472-169000-07529 CR510/61St Ave Util Construction in the amount of $8,030.00. RECOMMENDATION Staff recommends approval of the attached Amendment No. 5 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached '00'Amendment No. 5 for a total fee of$ 81,350.00. ATTACHMENT Amendment No. 5 DISTRIBUTION Approved Date Administration John S. DePalma, P.E., McMahon & Associates, Inc. Budget l3 Legal !2 Public Works3 �f r /3 APPROVED AGENDA ITEM 3 Engineering FOR: March 19, 2013 utilities BY: - R.Tublic Works\ENGINEERING DIVISION PROJECTS\0549-CR510 61st DR to Indian Riv Lagoon Shore LA(McMahon)\Admim\Contracts\Contracts&Agenda Items\Agenda's\Amendment No.5 for 03-19-13 BCC.doc 173 INTERSECTION IMPROVEMENTS AT CR-510 AND US HIGHWAY 1 AMENDMENT NO. 5 TO THE PROFESSIONAL CIVIL ENGINEERING GEOTECHNICAL ENGINEERING & LAND SURVEYING SERVICES AGREEMENT BETWEEN McMAHON ASSOCIATES,INC. & INDIAN RIVER COUNTY,FLORIDA This is an amendment to the existing Professional Civil Engineering, Geotechnical Engineering and Land Surveying Services Agreement (AGREEMENT) dated May 17, 2005, between McMahon Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section I — Project Limits and Description", "Section III—Scope of Services", "Section IV—Time for Completion," and"Section V— Compensation,"of this AGREEMENT. "SECTION I-PROJECT LIMITS AND DESCRIPTION"is being modified to incorporate the following.- Consultant services are required for the preparation of supplemental design surveys, roadway design plans with the design of improvements within revised contract limits of the intersection of SR-5/US-1 and CR-510 (Wabasso Road),in Indian River County,Florida, as last amended on August 12, 2008. The supplemental roadway improvements consist of the following: "SECTION III—SCOPE OF SERVICES"is being modified to incorporate the following: The ENGINEER agrees to perform professional design and related services in connection with the project, as required and set forth in the following: B. Design Surveys The ENGINEER shall provide supplemental design survey services necessary to support and facilitate contemplated design and permitting activities associated with this supplemental portion of the project. 1. Additional survey is also required to support the relocated Pond 7, on the Graves Brothers property. Horizontal and vertical control will be extended to acquire the necessary topography and elevation data needed to support the redesign and relocation of this pond. The effort/fee for the above tasks will be contained under the Lump Sum Components of the Design Survey,in"Section V—Compensation." 174 1"MW Cl. Geotechnical Investigation The ENGINEER had previously completed and submitted the Soils Conditions Survey for the project. The supplemental work that is required to address this agreement is related to modified/relocated pond sites. The related pond in question is Pond 7, located on the Graves Brothers property, north of CR-510/SR-510 intersection, and west of SR-5/LJS-1, in the approximate northeast quadrant of the existing Graves Brother property. Additional geotechnical investigations will be required in this area, to assist the drainage engineer with design parameters for the modified/relocated Pond 7. This effort/fee will be listed under the Lump Sum Components of Geotechnical Investigation, in"Section V—Compensation." D. Roadway Design/Plans 15. The ENGINEER shall modify the plans,as requested by the COUNTY,in meeting January 3, 2013,to include the topographic and drainage features, as stipulated in B. Design Surveys, of this herein Supplemental Agreement, and including DTM data, as well as incorporating the Florida Department of Transportation (FDOT) SR-510 Construction Plans, Financial Project ID# 427022-1-523-01 [ begin project, immediately west of SR-5/US-1, and extending approximately 2,743 feet east,to the vicinity of the Intracoastal Waterway Bridge(#880052)]. The following information,enumerates this detail: a. Additional Survey/Design Plans Incorporation The ENGINEER shall incorporate in the plans any updates, as noted above, and in particular, the revisions to the areas of the revised plan limits, and the incorporation of the FDOT SR-510 Construction Plans, with Financial Project ID#427022-1-523- 01. b. Construction Plan Revisions As part of the construction plan revisions, due to the revised limit of the project, at its western termini,in the vicinity of 55`b Avenue,the following plan sheets/elements will require revisions: • Title Sheet • Typical Section Sheets o Revise for station limits o Add a two-lane transition for NEW beginning of project • Summary of Quantity Sheets Summary of Drainage Structure Sheets 175 • General Note Sheets 0 Plan/Profile Sheets • Miscellaneous Details/Roadway Cross-Sections • Modified/Relocated Pond 7 Sheets,including conveyance • Drainage Structure Cross-Section Sheets • Storm Water Pollution Prevention Plans • Traffic Control Plans • Utility Verification Sheets • Component Plans o Signing and Marking Plans o Signalization Plans o Landscape Plans o Utility Improvement Plans 16. The ENGINEER shall modify the plans, as requested by the COUNTY, to provide a 4-lane roadway to 2-lane roadway transition, at the NEW revised western project termini, in the vicinity of the 55th Avenue intersection. 17. The ENGINEER shall modify the plans, as requested by the COUNTY, to address supplemental storm water design. The revisions required are to address the storm water drainage design and plan/profile revisions to develop a NEW western termini, in the vicinity of 55`h Avenue. The effort/fee for these tasks will be contained in the Lump Sum Components of the Roadway Design, in "Section V—Compensation." Additional effort is also required by the ENGINEER to re-do the plans, profiles, and cross-sections, and project related retention ponds. Any work associated with the retention ponds,are enumerated below. 176 M. Retention Pond Design and Overall Project Storm Water Management Report This herein supplemental agreement will address two (2)sites,Pond 2,and Pond 7. The revisions to the overall project Storm Water Management report will also be incorporated with this work. 1. Pond 2,will basically remain the same, and will reflect the design to incorporate the ultimate needs of CR-510. The revisions will consider storm water piping and inlets in the general area, and in consideration of the 4-lane to 2-lane roadway transition. The ENGINEER will evaluate retaining, as best as possible, the location of inlets and manholes, and also address overland flows from private property and driveway access, as these features may have an impact on drainage facilities. 2. Pond 7, is located on the Graves Brothers property. The current location, as previously designed,needs to be relocated,in a fashion,which meets,as best as possible,the location, as preferred by the land owner,and his engineer. The ENGINEER has been provided a Concept Plan, from Schulke, Bittle & Stoddard, LLC, entitled Conceptual Plan for Graves Brothers Wabasso Crossing,not dated. This plan depicts a storm water retention pond in the northeast quadrant of the property. The ENGINEER will re-evaluate the drainage patterns, and the roadway design, and develop a modified design for Pond 7, to best meets the needs of the COUNTY, and consistent with the CR-510 design/plans. The overall intent is to still maintain its proposed outfall. 3. The overall project storm water management report will be updated to reflect: 1) the NEW western termini of CR-510, and 2) any modifications to the storm water management plans for the project, and including the proposed number of storm water retention ponds. The ENGINEER will use this overall report to coordinate with the governing agencies for Storm Water Management Control, and as required the FDOT, for their respective portions of interest to this project. This effort/fee will be contained under the Lump Sum Components of Roadway Design, in "Section V— Compensation." N. Maintenance of Traffic(MOT)Plans MOT plans are required for the revised project conditions. The existing MOT plans will be revised to reflect the NEW western termini and the proposed patterns of traffic control,which will be required to address the 4-lane to 2-lane transition, and its impacts, immediately at the intersection of 55`h Avenue. 177 In addition, and to address the level and complexities of multiple phasing/sequencing of the MOT, the ENGINEER will address additional details associated with the required plans. These details included embankment adjustments to minimize lane restrictions, temporary fill, and temporary roadways, and associated temporary pavement markings and signing. This effort/fee for this task will be contained under the Lump Sum Components for, and included in Roadway Design,in"Section V—Compensation." O. Components of Contract Plans Set Several contract plan sets::ill require revisions,within the overall Construction Plan set for CR- 510 project. The revisions are primarily related to the NEW western project termini,and the incorporation of the FDOT SR-510 Improvement Plans. The following sets of plans will be addressed: • Signing and Pavement Marking Design/Plans o Address NEW western termini o Address incorporation of FDOT SR-510 plans • Traffic Signal Design/Plans o Address NEW western termini,and eliminate 58`h Avenue o Address incorporation of FDOT SR-510 Plans o Address eliminating Bristol Bay Signal Plan(at this time not warranted) o Address Interconnect Plans(evaluate infrastructure and future use for terminal signal connections) • Landscape Plans(Subconsultant) o Address NEW western termini • Lighting Design/Plans(Subconsultant) —NO CHANGES required. • Utility Design/Improvement Plans(Subconsultant) o Address NEW western termini This effort/fee for these tasks will be contained under the Lump Sum Components for the corresponding plan sets,as listed above,in"Section V—Compensation." ,..w. 178 P. Project Coordination/Meetings/Administration During the course of the project,the ENGINEER is required to coordinate with the COUNTY, and external agencies, whom may be involved in permitting, such as Drainage Districts, and the Florida Department of Transportation (FDOT). This coordination is in the form of correspondence, including electronic mail, telephone conferences, meetings, documentation of meetings and responding to requests,on behalf of the COUNTY,as their representative. This request is also required due to several significant factors contributing to project management and coordination related to Right-of-Way, property owner coordination with COUNTY staff/departments, and project related meetings, whether it is with agencies, the COUNTY, or other. The coordination with property owners may include correspondence, evaluating requests from property owners' Engineers, meeting with property owners and providing specific information to assist in the evaluation of project impacts. This time does not include any coordination with the COUNTY, as related to utility owner's designs and their associated work and work schedules, which may be required to support the construction permit, except as noted above. Time is included in this task for overall utility coordination, meeting attendance and correspondence associated with this effort. All utility coordination,beyond what is stipulated herein,is the responsibility of the COUNTY. For purposes of this agreement, we make the following assumptions, in order to develop an approximate estimate: • Five(5)meetings with FDOT— o Pre-Application meeting(1 meeting). o Assume up to 4 meetings with interior departments of the FDOT to expedite, and respond to particular Permit review matters. • Three(3)meetings with COUNTY(which may include utility meetings) • Assume overall Project Management and coordination with the COUNTY, over a 12 month period. This coordination may be related to right-of-way matters, utility matters, construction matters, or for general purpose questions/comments,in normal coordination the COUNTY. This effort/fee will be contained under the Hourly Rate Components for Project Coordination/ Meetings/Administration,in"Section V—Compensation." 179 "SECTION IV-TIME FOR COMPLETION"is being modified to incorporate the following: The time for completion of 100% design drawings, will be approximately six(6)months, and will include submittal for the project permit. All other associated work, including permit coordination and other associated work with the scope of services detailed in this amendment (Number 5) may extend up to twenty-four (24) additional months beyond the timeline established by and between the ENGINEER and the COUNTY, as agreed in previous Amendment Number 4. The adherence to this schedule is directly associated with, and impacted by the COUNTY to secure the project right-of-way, secure all utility agreements, as per FDOT requirements, and possible weather conditions, and/or gaining access to private property, and the FDOT permit process, which is out of the control of the ENGINEER and COUNTY, as it is related to internal departmental reviews of individual FDOT departments. Should these herein current supplemental project conditions be altered, the assumed time frame, as well as the supplemental fee effort, enumerated herein, to complete the 100% plans, will be effected, and will therefore, be addressed in a separate supplemental amendment, and will require approval by the,COUNTY. 180 "SECTION V—COMPENSATION"is being modified to incorporate the following: The COUNTY agrees to pay, and the ENGINEER agrees to accept for services rendered pursuant to this Agreement,and its current amendments,fees in accordance with the following: A. Professional Services Fee 1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows: Task Fee Fee Lump Sum Components Amendment 5 Total Contract Design Survey $ 2,175.00 $ 120,269.00 Roadway Design $ 45,405.00 $ 432,172.00 Signing and Pavement Marking Design $ 3,070.00 $ 60,794.00 Traffic Signal Design $ 1,665.00 $ 42,490.00 Permitting $ 0.00 $ 38,014.00 Utility Coordination $ 0.00 $ 15,638.00 Landscape Plans $ 4,500.00 $ 32,350.00 Lighting Design $ 0.00 $ 17,200.00 Geotechnical Investigation $ 1,505.00 $ 52,615.00 Right-of-Way Maps $ 0.00 $ 84,650.00 Utility Design(reuse/stub-outs) $ 8,030.00 $ 73,530.00 MOT Plans $ 0.00 $ 53,497.00 Sub-total $ 66,350.00 $1,023,219.00 181 Task Fee Fee �.. Hourly Rate Components Amendment 5 Total Contract 41ane/2 lane Roadway Transition $ 0.00 $ 15,000.00 Geotechnical Investigation $ 0.00 $ 22,760.00 Retention Pond Design $ 0.00 $ 52,542.00 Phosphorus Mitigation $ 0.00 $ 1,020.00 Landscape Details/Maintenance $ 0.00 $ 6,000.00 Utility Location Survey $ 0.00 $ 12,000.00 Utility Soft-dig Location Survey $ 0.00 $ 37,350.00 (drainage design) (83 @$450) Utility Soft-dig Location Survey $ 0.00 $ 34,650.00(') (reuse/stub-outs)(77 @$450) MOT for Utility Soft-dig $ 0.00 $ 16,000.00 (8 set-ups @$2,000) MOT for Utility Soft-dig $ 0.00 $ 12;000.00(1) (6 set-ups @$2,000 ea) Special Signal Pole Design $ 0.00 $ 16,000.00 Parcel Sketches&Legal Descriptions $ 0.00 $ 79,500.00 Parcel Sketches&Legal Descriptions @$600 $ 0.00 $ 6,600.00 (original est. at 11 parcels) Parcel Staking(10 @$600.00) $ 0.00 $ 8,640.00 Cure Plans $ 0.00 $ 32,000.00 Pond/Property Site Surveys $ 0.00 $ 27,000.00 Miscellaneous Wetland Delineation $ 0.00 $ 0.00 Re-profiling Roadway due to Groundwater $ 0.00 $ 6,270.00 Project Coordination/Meetings/Admin. $ 15,000 .00 $ 15,000.00 Construction Phase Assistance $ 0.00 $ 20,000.00 Sub-total $ 15,000.00 $ 420,332.00 Grand Totals $1,443,551.00 (1) This fee is provided for separately,as funding source is the responsibility of the COUNTY Utility Department. When submitting invoices,this work effort will be indicated separately. 182 SECTION XVII-AMENDMENT All terms and conditions of the Agreement not amended herein remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed these presents this day of ,2013. McMAHON ASSOCIATES,INC. INDIAN RIVER COUNTY,FLORIDA 5500 Village Boulevard, Suite 103 WEST PALM BEACH,FLORIDA 33407 By: 4JohnS. lma Joseph E.Flescher,Chairman nt&Regional Manager Board of County Commissioners WI SSED BY: \ ,, 1 i % i ( Jeffrey R.Smith,Clerk of Circuit Court&Comptroller By: Deputy Clerk Approved T,o seph A. aird unty Administrator Approved as to Form anLegal Sufficiency County Attorney F:\FL\04206n\04206N_OlWdmin_MCN\Contract_Info\04206N_OIAmend 5\SofW_IRCRevisions_ModifiedPlanSet_FINAL_030713.docx 183 Shed l Loar Sheriff De�Y Indian River County March 14,2013 The Honorable Joseph Flescher,Chairman Indian River Board of County Commissioners 180127th Street Vero Beach, Florida 32960-3388 Re: Fleet Vehicle Summary 2013 and Mileage Report Dear Chairman Flescher: This letter is my request to be placed on the next Board of County Commissioners meeting agenda. I would like to discuss the potential purchase and funding source of marked patrol vehicles. I've included our most recent IRCSO Fleet report,as well as,other relevant information. Please place this item under Constitutional Officers for the March 19,2013 board agenda. If you have any questions or need additional Information,please let me know. Sincerely, V DERYL LOAR,SHERIFF cc: Indian River County Commissioners Davis,O'Bryan,Solari and Zorc Joseph Baird,County Administrator Jason Brown,Director—Management and Budget Attachments 35 41'Avenue,Vero Beach,Florida 32960 www.iresheriff.org (772)569-6700 !!` � t 184 FLEET .VEHICLE SUMMARY - 2013 185 PROPOSED FLEET VEHICLE SUAINLARY 2013 2013 Chevy Caprice(V6) $27,015 Equipment per vehicle (Capital) $13,869 Other Equipment per vehicle $3,052 $44,026 (V6 MPG 18 city/26 hwy)(V8 MPG 15 city/24 hwy) 2013 Dodge Charger (V6) $21,216 Equipment per vehicle estimated(Capital) $14,000 Other Equipment per vehicle $3,052 $38,268 Add V8 $2,225 $409493 (MPG 19 city/31 hwy) 2013 Ford Interceptor(V6) $22,872 Equipment per vehicle estimated (Capital) $14,000 Other Equipment per vehicle $3,052 $39,924 (V6 MPG 17 city/26 hwy) 20 Crown Victoria's were purchased-in 2008 25 Crown Victoria's were purchased in 2010 Last purchase date of vehicles: 5/31/11 Purchased 25 Crown Victoria's with different packages 12 Crown Victoria x$22,331 - $267,972 4 Crown Victoria x$22,731 - $90,924 4 Crown Victoria x$22,716 - $90,864 5 Crown Victoria x$22,364 - $111,820 $561,580 Equipment Added: Light Bars—25 x$1,589— $39,725 Video Systems—25 x $4,745 - $118,625 Radios—25 x$3,811.28 - $95,282 $253,632 Total: $815,212 for 25 Crown Victoria's (Cost per vehicle,without equipment- $222463.20) (Cost per vehicle, includes equipment- $329608.48) 187 Vehicle Totals March 2013 184 Crown Victoria's 165 Marked (53 of these vehicles have over 100,000 miles) 2001 - 8 marked vehicles 2002 —2 marked vehicles 2003 — 8 marked vehicles 2004 — 11 marked vehicles 2005 — 11 marked vehicles 2006 — 6 marked vehicles 2007 — 7 marked vehicles Total: 53 marked vehicles with over 100,000 miles 19 Unmarked (6 of these vehicles have over 100,000 miles) 1998 — 2 unmarked vehicles 2002 — 3 unmarked vehicles 2005 — 1 unmarked vehicle Total: 6 unmarked vehicles with over 100,000 miles 188 MARCH 2013 VEHICLE MILEAGE REPORT REPLACEMENT PRIORITY VEH# YEAR MAKE MODEL VAI MILEAGE 1 1965 MILITARY JEEP 6X6 Military Jeep 6x6 04C64070032529232 40,824 3 1965 MILITARY JEEP 6X6 Military Jeep 6x6 0225-22174 18,000 Marked 428 1985 CHEV STEP VAN Step Van 1GCJP32W7F3340918 76,889 480 1992 BLUE BIRD BUS 1BAAGCSA9NF051339 188,477 Marked 113 1995 FORD COMMAND POST F-350 1FDKE30FXSHB95928 103,609 Marked 485 1995 FORD F-450 1FDLF47F15EA42563 122,925 Marked 475 1997 FORD F350 1FTJW35F3VEC65863 77,076 Marked 476 1997 FORD F350 1FTJW35F8VED02597 69,928 Unmark 483 1998 FORD CROWN VICTORIA 2FAFP73W9WX190587 115,584 Unmark 484 199,81 FORD CROWN VICTORIA 2FAFP73,W,,8,WX,,121518 1301.223 Marked 26 1999 FORD F150 1FTRX18W8XNB.01494 124;866 Unmark 487 1999 FORD F-250 F250 1FTNX20S2XEA48174 89,418 Unmark 489 1999 FORD TAURUS TAURUS 1FAFP52U4XA212686 90,212 Unmark 658 1999''HONDA PASSPORT 4S6CKS8W2X4424640 132,3-62' Unmark 704 1999 TOYOTA COROLLA TOYOTA COROLLA 1NXBR12E4XZ146817 104,412 Marked 496 2000 FORD E-350 VAN 1FBSS31FOYHB35357 70,126 Marked 497 2000 FORD E-350 VAN 1FBSS31F9YHB35356 95,564 Unmark 707 2000 FORD RANGER 1FTYR10C9TPB03462 101,882 Unmark 709 2000 HONDA CIVIC 1HGEJ8642YLOS0101 123,658 Marked 55 2001 FORD CROWN VICTORIA 2FAFP71W31X129330 122,948 Marked 62 2001 FORD CROWN,VICTORIA 2'FAFPZ1W11X129312 133',768 Marked 68 2001 FORD CROWN VICTORIA 2FAFP71MIX129326 1290170 Marked 71 2001'FORD CROWN'VICTO.RI"A 2FAFP71W31X129327 137;284 Marked 76 2001!FORD CROWN VICTORIA 2FAFR W51X129331 125;,955 Marked 78 2001-FORD CROWN'VICTO.RIA 2FAFP71W41X1'29319 136;883: Marked 80 2001 FORD CROWN VICTORIA 2FAFP71WX1X178671 113,732 Marked 81 2001 'FORD CROWN VICTORIA 2FAFP7XW91XA,37853 141,194 Marked 500 2001 FORD E-250 VAN 1FTNE24L91HB37626 38,985 Unmark 710 2001 TOYOTA TACOMA 5TENL42N81Z750776 68,972 00 C0 Unmark 85 2002 FORD CROWN VICTORIA 2FAFP71W72X132328 120,403 Unmark 87 2002 FORD CROWN VICTORIA 2FAFP71W92X132329 98,656 Marked 89 2002 FORD CROWN VICTORIA 2FAFP71WX2X132310 97,088 Marked 94 2002 FORD CROWN VICTORIA 2FAFP71W6,2X132319 137,.391 Unmark 98 2002 FORD CROWN VICTORIA 2FAFP71W52X132313 95,956 Unmark 99 2002 FORD CROWN VICTORIA 2FAFP71W92X132315 105,980 Unmark 100 2002 FORD CROWN VICTORIA 2FAFP71W82X132323 119,679 Unmark 101 2002 FORD CROWN VICTORIA 2FAFP71W42X132321 96,212 Marked 103 2002 FORD CROWN VICTORIA 2FAFP71W42X132318 122,250 Unmark 105 2002 FORD E-150 VAN 1FTRE14W72HA59564 91,411 Marked 107 2002 CHEVROLET TAHOE 1GNEK13Z82J219177 112,689 Marked 108 2002 CHEVROLET TAHOE 1GNEK13Z72J243101 120,529 Unmark 112 2002 FORD EXPLORER 1FMZU62E22UC95942 79,640 Marked 9 2003 FORD F150 1FTRX18L73NA81626 79,547 Unmark 115 2003 FORD EXPLORER 1FMZU62K03UA90949: 133,303 Unmark 116 2003 FORD EXPLORER 1FMZU62K73.UA9.09.50 1331494 Unmark 117 2003 FORD EXPLORER 1FMZU62K93.UA90951 124,540 Marked 121 2003 FORD CROWN VICTORIA 2FAHP71W83X169821 123,698 Marked 122 2003 FORD CROWN VICTORIA 2FAH,P71WX3X269822 124,358 Marked 125 2003 FORD CROWN VICTORIA 2FAHP71W53X169825 99,547 Marked 127 2003 FORD CROWN VICTORIA 2FAHP71W93X169827 106,920 Marked 130 2003 FORD CROWN VICTORIA 2FAHP71W93X169830 122,809 Marked 132 2003 FORD CROWN VICTORIA 2FAHP71W23X169832 101,575 Marked 133 2003 FORD CROWN VICTORIA 2FAHiP71W43X16.9833 14.7,204 Marked 134 2003 FORD CROWN VICTORIA 2FAHP71W63X169834 107,232 Marked 136 2003 FORD CROWN VICTORIA 2FAHP7IWX3X169836 136,190 Marked 512 2003 CHRYSLER PT CRUSIER 3C4FY48B13T525429 55,338 Marked 655 2003 CHEVROLET SILVERADO 1GCEC14X73Z256887 49,552 Unmark 699 2003 CHRYSLER PT CRUSIER 3C8FY68B53T510054 70,130 Marked 137 2004 FORD 1/2 TON TRUCK 1FTPX14544NB35206 119,380 Unmark 138 2004 FORD EXPLORER 1FMZU73W34UA91635 87,660 Marked 139 2004 FORD CROWN VICTORIA 2FAFP71W34X127047 84,561 Unmark 140 2004 FORD EXPLORER 1FMZU62K94UA91633 102,070 Unmark 141 2004 FORD EXPLORER 1FMZU62K04UA91634 124,373 0 Marked 142 2004 FORD E-250 CARGO VAN 1FTNE24W14HA34473 70,246 Marked 143 2004 FORD E-350 CARGO VAN 1FBSS31L54HA42527 71,870 Unmark 147 2004 FORD 1/2 TON TRUCK 1FTPX14564N835207 140;050 Marked 148 2004 FORD CROWN VICTORIA 2FAFP71W54X127048 117,120 Marked 151 2004 FORD CROWN VICTORIA 2FAFP71W54X127051 94,055 Marked 152 2004 FORD CROWN VICTORIA 2FAFP71W74X127052 112,003 Marked 153 2004 FORD CROWN VICTORIA 2FAFP71W94X127053 103,508 Marked 155 2004 FORD CROWN VICTORIA 2FAFP7IW24X127055 137,699 Marked 158 2004 FORD CROWN VICTORIA 2FAFP71W84X127058 80,823 Marked 160 2004 FORD CROWN VICTORIA 2FAFP71W64X127060 117,989 Marked 162 2004 FORD CROWN VICTORIA 2FAFP71WX4X127062 111,000 Marked 164 2004 FORD CROWN VICTORIA 2FAFP71W34X127064 116,581 Marked 166 2004 FORD CROWN VICTORIA 2FAFP71W24X166535 108,872 Unmark 167 2004 FORD EXPLORER 1FMZU62K94U665391 148,897 Unmark 168 2004 FORD EXPLORER 1FMZU62KX4UB60149 96,645 Marked 172 2004 FORD CROWN VICTORIA 2FAFP71W54X185211 133,562'. Marked 175 2004 FORD CROWN VICTORIA 2FAFP71W54X185208 117,855 Marked 176 2004 FORD CROWN VICTORIA 2FAFP71W74X185209 104,680 Marked- 110 2005 FORD F150 4X4 . 1FTPX14565NA84969 121,763 Marked 177 2005 FORD CROWN VICTORIA 2FAFP71W95X134750 103,751 Marked 178 2005 FORD CROWN VICTORIA 2FAFP71W05X134765 108,344 Marked 179 2005 FORD CROWN VICTORIA 2FAFP71W75X134763 118,565 Marked 180 2005 FORD CROWN VICTORIA 2FAFP71WISX134757 112,945 Marked 181 2005 FORD CROWN VICTORIA 2FAFP71WSSX134759 107,111 Marked 182 2005 FORD CROWN VICTORIA 2FAFP71WOSX134751 115,981 Marked 183 2005 FORD CROWN VICTORIA 2FAFP71W95X134764 123,635 Marked 184 2005 FORD CROWN VICTORIA 2FAFP71W05X134748 108,739 Marked 185 2005 FORD CROWN VICTORIA 2FAFP71W85X134755 106,805 Unmark 186 2005 FORD CROWN VICTORIA 2FAFP71W95X134747 103,295 Marked 187 2005 FORD CROWN VICTORIA 2FAFP71W15X134760 117,378 Marked 190 2005 FORD CROWN VICTORIA 2FAFP71W65X134754 99,819 Marked 192 2005 FORD CROWN VICTORIA 2FAFP71W.25X134749 98,956 Marked 193 2005 FORD CROWN VICTORIA 2FAFP71WXSX134756 102,849 Marked 194 2005 FORD CROWN VICTORIA 2FAFP71W35X134761 92,070 .i Marked 195 2005 FORD CROWN VICTORIA 2FAFP71WSSX134762 91,793 Marked 196 2005 FORD CROWN VICTORIA 2FAFP71W25X134766 78,766 Unmark 515 2005 CHEVROLET CHEVY MALIBU 1G1ZS52885F222980 123,100 Unmark 516 2005 CHEVROLET CHEVY MALIBU lGlZS5287SF223800 93,026 Unmark 517 2005 CHEVROLET CHEVY MALIBU 1G1ZT54815F263476 84,187 Marked 7 2006 FORD F150 04 1FTPX14V16NA86808 115,696 Marked 10 2006 FORD F250 4X4 1FTSX21536ECO2028 107,365 Marked 11 2006 FORD E250 CARGO VAN 1FTNE24L76HB36210 112,292 Marked 204 2006 FORD CROWN VICTORIA 2FAFP71W66X122721 122,465 Marked 205 2006 FORD CROWN VICTORIA 2FAFP71W86X122722 115,838 Marked 206 2006 FORD CROWN VICTORIA 2FAFP71WX6X122723 98,307 Marked 207 2006 FORD CROWN VICTORIA 2FAFP71W16X122724 117,592 Marked 208 2006 FORD CROWN VICTORIA 2FAFP71W36X122725 117,664 Marked 209 2006 FORD CROWN VICTORIA 2FAFP71W56X122726 102,333 Marked 210 2006 FORD CROWN VICTORIA 2FAFP71W76X122727 99,860 Marked 211 2006 FORD CROWN VICTORIA 2FAFP71W96X122728 100,530 Marked 230 2006 FORD E-250 CARGO VAN 1FTNE24L26DB06572 65,922 Marked 231 2006 FORD E-250 CARGO VAN 1FTNE24LO6DBO6571 82,905 Unmark 519 2006 CHEVROLET MALIBU 1G1ZS518X6F108921 70,900 Unmark 520 2006 CHEVROLET MALIBU 1GIZS51806F126263 45,436 Unmark 521 2006 CHEVROLET MALIBU 1G1ZS51826F165582 79,254 Unmark 522 2006 CHEVROLET MALIBU 1G1ZS51836F165686 84,013 Unmark 523 2006 CHEVROLET MALIBU 1G1ZS51806F165774 67,208 Unmark 524 2006 CHEVROLET MALIBU 1G1ZS51866F165732 67,777 Unmark 525 2006 CHEVROLET MALIBU 1G1ZS51866F165603 52,238 Unmark 527 2006 CHEVROLET MALIBU 1G1ZS51876F166534 114,558 Unmark 528 2006 CHEVROLET MALIBU lGlZS51806F166942 75,725 Unmark 529 2006 CHEVROLET MALIBU lGlZS51846F167415 66,905 Unmark 530 2006 CHEVROLET MALIBU 1G1ZS51866F166993 36,845 Unmark 531 2006 CHEVROLET MALIBU 1G1ZS51826F220239 83,070 Unmark 532 2006 CHEVROLET MALIBU 1G1ZS51856F264235 76,899 Unmark 533 2006 CHEVROLET MALIBU 1G1ZS51836F266257 52,800 Unmark 8 2007 FORD F150 1FTVX12567NA12490 32,370 Marked 145 2007 FORD E-350 ECONO VAN 1FBSS31L97DB19394 82,081 Co IV Marked 212 2007 FORD CROWN VICTORIA 2FAFP71W67X107475 98,720 Marked 213 2007 FORD CROWN VICTORIA 2FAFP71W77X112927 60,365 Marked 214 2007 FORD CROWN VICTORIA 2FAFP71W07X107469 92,493 Marked 215 2007 FORD CROWN VICTORIA 2FAFP71W77X107470 121,097 Marked 216 2007 FORD CROWN VICTORIA 2FAFP71W97X107471 71,443 Marked 217 2007 FORD CROWN VICTORIA 2FAFP71W07X107472 93,291 Marked 218 2007 FORD CROWN VICTORIA 2FAFP71W27X107473 91,471 Marked 219 2007 FORD CROWN VICTORIA 2FAFP71W47X107474 92,493 Marked 220 2007 FORD CROWN VICTORIA 2FAFP71W87X107476 99,577 Marked 221 2007 FORD CROWN VICTORIA 2FAFP71WX7X107477 106,561 Marked 222 2007 FORD CROWN VICTORIA 2FAFP71W17X107478 107,559 Marked 223 2007 FORD CROWN VICTORIA 2FAFP71W37X110284 86,843 Marked 224 2007 FORD CROWN VICTORIA 2FAFP71W57X110285 113,159 Marked 225 2007 FORD CROWN VICTORIA 2FAFP71W57X112926 120,826 Marked 226 2007 FORD CROWN VICTORIA 2FAFP71W17X112924 91,914 Marked 227 2007 FORD CROWN VICTORIA 2FAFP71W37X112925 90,222 Marked 228 2007 FORD CROWN VICTORIA 2FAFP71W97X112928 114,848 Marked 229 2007 FORD CROWN VICTORIA 2FAFP71W07X112929 119,882 Marked 232 2007 FORD F250 1FTSX21537EA13476 98,597 Unmark 233 2007 FORD F250 1FTSX21587EA13473 158;791 Marked 234 2007 FORD CROWN VICTORIA 2FAFP71W27X142787 52,685 Marked 235 2007 FORD CROWN VICTORIA 2FAFP71W47X142788 77,352 Marked 236 2007 FORD CROWN VICTORIA 2FAFP71W77X142784 59,235 Marked 237 2007 FORD CROWN VICTORIA 2FAFP71W07X142786 67,385 Marked 238 2007 FORD CROWN VICTORIA 2FAFP71W37X142782 80,000 Marked 239 2007 FORD CROWN VICTORIA 2FAFP71W57X142783 57,945 Unmark 240 2007 FORD CROWN VICTORIA 2FAFP71W97X142785 68,602 Marked 241 2007 FORD CROWN VICTORIA 2FAFP71W67X142789 50,559 Marked 242 2007 FORD E250 CARGO VAN 1FTNE24L47DA26093 43,373 Unmark 534 2007 CHEVROLET MALIBU 1G1ZS58N77F106959 46,121 Unmark 535 2007 CHEVROLET MALIBU 1G1ZS58N27F108425 77,381 Unmark 536 2007 CHEVROLET MALIBU 1G1ZS58N37F106697 113,568 Unmark 537 2007 CHEVROLET MALIBU 1G1ZS58N87F108705 99,450 Unmark 538 2007 CHEVROLET MALIBU 1G1ZS58N37F108496 64,751 j �7 Unmark 539 2007 CHEVROLET MALIBU 1G1ZS58N47F109785 63,627 Unmark 540 2007 CHEVROLET MALIBU 1G1ZS58N27F109638 112,661 Unmark 541 2007 CHEVROLET MALIBU 1G1ZS58N37F230467 36,856 Unmark 542 2007 CHEVROLET MALIBU 1G1ZS58N97F231140 50,978 Marked 4 2008 CHEVROLET SILVERADO 1GBHK29KX8E208130 30,928 Marked 12 2008 CHEVROLET TAHOE 1GNEC03098R271243 85,468 Marked 13 2008 CHEVROLET TAHOE 1GNEC0301811271253 69,867 Marked 14 2008 CHEVROLET TAHOE 1GNEC03028R271519 74,121 Marked 146 2008 FORD F250 SUPERCAB 1FTSX21548EC13459 91,279 Unmark 200 2008 FORD CROWN VICTORIA 2FAFP71V68X100793 79,043 Unmark 243 2008 FORD CROWN VICTORIA 2FAFP71V48X100792 61,303 Marked 244 2008 FORD CROWN VICTORIA 2FAFP71VX8X124224 66,872 Marked 245 2008 FORD CROWN VICTORIA 2FAFP71V18X124225 57,019 Marked 246 2008 FORD CROWN VICTORIA 2FAFP71V38X124226 66,378 Marked 247 2008 FORD CROWN VICTORIA 2FAFP71V58X124227 55,655 Marked 248 2008 FORD CROWN VICTORIA 2FAFP71V78X124228 84,145 Marked 249 2008 FORD CROWN VICTORIA 2FAFP71V98X124229 78,878 Marked 250 2008 FORD CROWN VICTORIA 2FAFP71V58X124230 93,283 Marked 251 2008 FORD CROWN VICTORIA 2FAFP71V78X124231 58,977 Marked 252 2008 FORD CROWN VICTORIA 2FAFP71V98X124232 79,460 Marked 253 2008 FORD CROWN VICTORIA 2FAFP71V08X124233 93,101 Marked 254 2008 FORD CROWN VICTORIA 2FAFP71V28X124234 80,099 Marked 255 2008 FORD CROWN VICTORIA 2FAFP71V48X124235 90,292 Marked 257 2008 FORD CROWN VICTORIA 2FAFP71V88X124237 96,757 Marked 258 2008 FORD CROWN VICTORIA 2FAFP71VX8X124238 94,561 Marked 259 2008 FORD CROWN VICTORIA 2FAFP71V18X124239 96,075 Marked 260 2008 FORD CROWN VICTORIA 2FAFP71V88X124240 62,215 Marked 261 2008 FORD CROWN VICTORIA 2FAFP71VX8X124241 83,670 Marked 262 2008 FORD CROWN VICTORIA 2FAFP71V18X124242 88,099 Marked 263 2008 FORD CROWN VICTORIA 2FAFP71V38X124243 64,920 Marked 264 2008 FORD CROWN VICTORIA 2FAFP71V58X124244 89,100 Marked 265 2008 FORD CROWN VICTORIA 2FAFP71V88X180355 77,500 Marked 266 2008 FORD CROWN VICTORIA 2FAFP71VX8X180356 40,329 Marked 267 2008 FORD CROWN VICTORIA 2FAFP71V38X180358 56,536 C� Marked 268 2008 FORD CROWN VICTORIA 2FAFP71V58X180359 43,884 Marked 269 2008 FORD CROWN VICTORIA 2FAFP71V38X180361 68,646 Marked 270 2008 FORD CROWN VICTORIA 2FAFP71V78X180363 54,427 Marked 271 2008 FORD CROWN VICTORIA 2FAFP71V98X180364 44,297 Unmark 272 2008 FORD CROWN VICTORIA 2FAFP71V18X180567 39,617 Marked 273 2008 FORD CROWN VICTORIA 2FAFP71V58X180569 59,839 Unmark 274 2008 FORD CROWN VICTORIA 2FAFP71V18X180570 38,595 Marked 275 2008 FORD CROWN VICTORIA 2FAFP71V18X180357 27,329 Marked 276 2008 FORD CROWN VICTORIA 2FAFP71V18X180360 24,282 Marked 277 2008 FORD CROWN VICTORIA 2FAFP71V58X180362 50,377 Marked 278 2008 FORD CROWN VICTORIA 2FAFP71V28X180562 45,824 Marked 279 2008 FORD CROWN VICTORIA 2FAFP71V68X180564 45,013 Marked 280 2008 FORD CROWN VICTORIA 2FAFP71V88X180565 36,099 Unmark 281 2008 FORD CROWN VICTORIA 2FAFP71V08X180561 59,910 Marked 282 2008 FORD CROWN VICTORIA 2FAFP71V43X180563 35,981 Marked 283 2008 FORD CROWN VICTORIA 2FAFP71VX8X180566 59,612 Unmark 284 2008 FORD CROWN VICTORIA 2FAFP71V38X180568 27,717 Unmark 400 2008 CHEVROLET IMPALA 2G1WB58K781328287 34,865 Unmark 401 2008 CHEVROLET IMPALA 2G1WB58K981329778 34,408 Unmark 402 2008 CHEVROLET IMPALA 2G1WB58K481330188 56,756 Unmark 403 2008 CHEVROLET IMPALA 2GAWB58KO81328776 48,690 Unmark 404 2008 CHEVROLET IMPALA 2G1WB58K681332296 33,000 Unmark 405 2008 CHEVROLET IMPALA 2G1WB58K781332436 64,954 Unmark 544 2008 CHEVROLET MALIBU 1GlZSSBN98Fl02896 37,303 Unmark 545 2008 CHEVROLET MALIBU 1G1ZS58N38F104725 47,691 Unmark 546 2008 CHEVROLET MALIBU 1G1ZS58N08F105458 39,321 Marked M1 2008 HARLEY DAVIDSON FLHP 1HD1FHM168Y697691 23,958 Marked M2 2008 HARLEY DAVIDSON FLHP 1HD1FHM198Y688645 66,799 Marked 21 2009 CHEVROLET TAHOE 1GNEC03099R267694 37,940 Marked 22 2009 CHEVROLET TAHOE 1GNEC03059R269555 31,560 Unmark 23 2009 CHEVROLET TAHOE 1GNEC03049R269367 52,566 Unmark 651 2009 CHEVY TAHOE TAHOE 1GNEC03059R256766 47,882 Marked 652 2009 CHEVY TAHOE TAHOE 1GNEC0307911175418 90,999 Marked 653 2009 CHEVY TAHOE TAHOE 1GNEC03089R177050 48,048 Cal Unmark 654 2009 FORD EXPLORER 1FMEU63EX9UA33464 42,348 Unmark 659 2009 FORD MUSTANG MUSTANG 1ZVHT82H995141223 75,277 Marked 351 2010 FORD CROWN VICTORIA 2FABP7BV5AX142827 27,726 Unmark 352 2010 FORD CROWN VICTORIA 2FABP7BVXAX142824 27,201 Marked 353 2010 FORD CROWN VICTORIA 2FABP7BVXAX143813 37,169 Marked 354 2010 FORD CROWN VICTORIA 2FABP7BV1AZ143814 34,811 Unmark 355 2010 FORD CROWN VICTORIA 2FABP7BV3AX142826 30,181 Unmark 356 2010 FORD CROWN VICTORIA 2FABP7BV1AX142825 17,897 Marked 357 2010 FORD CROWN VICTORIA 2FABP7BV9AX143799 37,624 Marked 358 2010 FORD CROWN VICTORIA 2FABP7BV1AX143800 33,282 Marked 359 2010 FORD CROWN VICTORIA 2FABP7BV3AX143801 27,233 Marked 360 2010 FORD CROWN VICTORIA 2FABP7BVSAX143802 26,254 Marked 362 2010 FORD CROWN VICTORIA 2FABP7BVOAZ143805 37,655 Marked 363 2010 FORD CROWN VICTORIA 2FABP7BV2AX143806 31,835 Marked 364 2010 FORD CROWN VICTORIA 2FABP7BV4AZ143807 33,079 Marked 365 2010 FORD CROWN VICTORIA 2FABP7BV6AX143808 42,379 Marked 366 2010 FORD CROWN VICTORIA 2FABP7BV8AX143809 13,692 Marked 367 2010 FORD CROWN VICTORIA 2FABP7BV9AX143804 31,101 Marked 368 2010 FORD CROWN VICTORIA 2FABP7BV4AX143810 15,002 Marked 369 2010 FORD CROWN VICTORIA 2FABP7BV6AX143811 35,420 Marked 370 2010 FORD CROWN VICTORIA 2FABP7BV8AX143812 33,530 Marked 371 2010 FORD CROWN VICTORIA 2FABP7BV3AX143815 35,263 Marked 372 2010 FORD CROWN VICTORIA 2FABP7BV5AX143816 32,744 Marked 373 2010 FORD CROWN VICTORIA 2FABP7BV7AX143817 25,035 Marked 374 2010 FORD CROWN VICTORIA 2FABP7BVOAX143819 21,183 Marked 375 2010 FORD CROWN VICTORIA 2FABP7BVOAX143819 19,564 Unmark 409 2010 FORD EXPLORER 1FMEU6KE'SAUA78122 29,270 Unmark 411 2010 FORD EXPLORER 1FMEU6KE5AUA78123 42,843 711 2010 FREIGHTLINER SPRINTER CR250014411 WDYPE7CC3A5435960 1,023 Unmark 118 2011 FORD E350 VAN 1FTSS3EL1BDA14458 47,156 Marked 376 2011 FORD CROWN VICTORIA 2FABP7BV2BX129017 27,279 Marked 377 2011 FORD CROWN VICTORIA 2FABP7BV2BX129020 32,551 Marked 378 2011 FORD CROWN VICTORIA 2FABP7BV2BX129022 22,126 Marked 379 2011 FORD CROWN VICTORIA 2FABP7BV2BX129024 15,021 j /� V Marked 380 2011 FORD CROWN VICTORIA 2FABP7BV2BX129025 26,580 Marked 383 2011 FORD CROWN VICTORIA 2FABP7BV2BX129028 19,217 Marked 384 2011 FORD CROWN VICTORIA 2FABP7BV2BX129029 14,760 Marked 385 2011 FORD CROWN VICTORIA 2FABP7BV2BX129032 19,857 Marked 386 2011 FORD CROWN VICTORIA 2FABP7BV3BX129026 40,420 Marked 387 2011 FORD CROWN VICTORIA 2FABP7BV5BX129027 19,525 Marked 388 2011 FORD CROWN VICTORIA 2FABP7BV6BX129019 9,770 Marked 389 2011 FORD CROWN VICTORIA 2FABP7BV5BX129030 28,191 Marked 390 2011 FORD CROWN VICTORIA 2FABP7BV4BX129021 14,207 Marked 391 2011 FORD CROWN VICTORIA 2FABP7BV8BX129023 23,260 Marked 392 2011 FORD CROWN VICTORIA 2FABP7BV4BX129018 35,269 Marked 393 2011 FORD CROWN VICTORIA 2FABP7BV7BX129031 29,777 Marked 394 2011 FORD CROWN VICTORIA 2FABP7BV7BX114027 10,931 Marked 395 2011 FORD CROWN VICTORIA 2FABP7BV2BX113996 23,260 Marked 396 2011 FORD CROWN VICTORIA 2FABP7BV4BX114017 17,024 Marked 397 2011 FORD CROWN VICTORIA 2FABP7BV6BX113984 16,686 Marked 398 2011 FORD CROWN VICTORIA 2FABP7BV6BX114012 24,026 Marked 399 2011 FORD CROWN VICTORIA 2FABP7BVOBX113835 18,570 Marked 406 2011 FORD CROWN VICTORIA 2FABP7BV6BX113824 12,772 Marked 407 2011 FORD CROWN VICTORIA 2FABP7BV6BX113841 13,946 Marked 408 2011 FORD CROWN VICTORIA 2FABP7BV5BX113829 30,106 Marked M3 2011 HARLEY DAVIDSON FLHP 1HDIFHMIXBB610644 20,319 107 _ 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: William M. Wells ADDRESS: 8800 44th Ave Sebastian,FL PHONE: 772 388-0758 SUBJECT MATTER FOR DISCUSSION: Aust. pines 44th Ave. Grants 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 Have count persue rants to remove Ines REQUESTING OF THE COMMISSION? Y p g p ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Federal & state REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _x_ Interactive Web Form x E-Mail COUNTY ADMINISTRATOR: Fax Joseph A. Baird Mail MEETING DATE: Marc 9,2013 Hand Delivered — Phone 198 /D P, 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: C. N. Kirrie ADDRESS: 12855 791"Avenue, Roseland, FL 32957 PHONE: Office: 589-5547 Mailing: P.O. Box 144,Roseland, FL 32957 SUBJECT MATTER FOR DISCUSSION: Possible County action on 76`"Avenue in A.A. Berry Subdivision (Mensing lawsuit) IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YESXa NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Not requesting a resolution other than to terminate Mensing's lawsuit REQUESTING OF THE COMMISSION. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES a NO WHAT FUNDS OR ACTIVITIES ARE Termination of lawsuit REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: Fax 'Joseph A. Baird Mail Hand Delivered MEETING DATE: Phone Document] Board Approved 11/7/06 r� 199 PUBLIC NOTICE ITEMS 10.C.1 MARCH 19, 2013 INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 11, 2013 SUBJECT: Notice of Public Meeting — Indian River Lagoon Workshop FROM: Terri Collins-Lister, Commissioner Assistant A public workshop will be held on Tuesday, March 26, 2013, at the Indian River County Commission Chambers to discuss the health of the Indian River Lagoon. Registration is from 8:00 a.m. to 9:00 a.m. with the Workshop beginning at 9:00 a.m. and lasting until 4:30 p.m. For more information, call the Indian River County Board of Commissioners office at 772- 226-1490. 200 l0 c Q 0,�_� PUBLIC NOTICE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEP MENT HEAD CONCURRENCE Robert M. Keating, AICP Commu ' Development Director FROM: Sasan Rohani, AICP � Chief, Long-Range Planning DATE: March 7, 2013 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of NOW, County Commissioners at its regular meeting of March 19, 2013. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: April 9,2013 1. Vero Estates, LLC's request to amend the text of the Policy 5.6 of the Future Land Use Element of the county's comprehensive plan. (Legislative) 2. North County Charter Elementary School's request to rezone ±0.94 acres from CH, Heavy Commercial District, to CL, Limited Commercial District. The subject property is located on Old Dixie Highway, approximately 700 feet north of 65th Street. (Quasi- Judicial). RECOMMENDATION: The above referenced public hearing items are provided for the Board's information. No action is needed at this time. F:\Community Development\Comprehensive Plan Text AmendmentsUanuary 2013 FLU element policy 5.6\Staff Reports\BCC Notice of Public Hearing April 9,2013.doc 201 w APPROVED AGENDA ITEM: Indian River Co. Approved Date FOR: D� 1°�, 0/3 Admin. BY: _ Legal fr,,10— Budget 3 Dept. Risk Mgr. F:\Community Development\Comprehensive Plan Text AmendmentsUanuary 2013 FLU element policy 5.6\Staff Reports\BCC Notice of Public Hearing April 9,2013.doe 202 C011� 41, INDIAN RIVER COUNTY, FLORIDA COMMUNITY MEMORANDUM DEVELOPMENT TO: Joseph A. Baird; County Administrator D AR MENT HEAD CONCURRENCE: Robert M. Keating, AICP Communi Development Director FROM: Stan Boling, ICP Planning Director DATE: March 11, 2013 SUBJECT: Consideration of Regulations Limiting the Size of Commercial Vehicles and Recreational Vehicles Parked Outside in Residential Areas It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 19, 2013. �-- BACKGROUND At its meeting of February 5, 2013, Ron Heen appeared before the Board and requested that the county change its land development regulations(LDRs)to allow commercial vehicles taller than 9 feet to be parked outside in residential areas. Mr. Heen is a tile and flooring contractor who parks his commercial truck at his single-family residence at 1046 22nd Avenue in the Heritage Estates subdivision. During discussion at the February 5th meeting, the Board heard from staff that Mr. Heen is currently under code enforcement for parking a 9 '/2 foot tall commercial vehicle outside in a residential area,contrary to the county LDR that prohibits commercial vehicles over 9 feet tall from being parked outside in residential areas. Staff also showed the Board pictures of Mr. Heen's truck and illustrations presented to the Board in 2008 when the county last changed its commercial vehicle regulations. At the conclusion of discussion, the Board indicated a willingness to accommodate Mr. Heen's request and directed staff to evaluate regulations for commercial vehicles parked in residential areas. In response to the Board's direction, staff surveyed commercial vehicle and recreational vehicle regulations of other local governments and compared those with Indian River County's regulations. Staff included recreational vehicles in its research,since the Board recently expressed an interest in re-examining the county's current prohibition on parking recreational vehicles that exceed 32 feet in length in residential areas. This is staff's report to the Board. FACommunity Deve1opment\CurDev\13CC\92013 BCC\CommandRVatresidence.doc 1 203 DESCRIPTION AND CONDITIONS • Commercial Vehicles Most local governments, including Indian River County, regulate the parking of commercial vehicles in residential areas. Such regulations may restrict location, visibility, size, and types of commercial vehicles. These commonalities were evident in the results of a survey conducted by staff in 2008 and staff's recent 2013 survey. In Indian River County's case,certain types of commercial vehicles are prohibited from being parked in residential areas. Prohibited commercial vehicles include bucket trucks, dump trucks, semi-tractors, semi-trailers, and other similar vehicles. In essence,current county regulations allow commercial trucks and vans,subject to weight,length,and height limitations, while prohibiting larger, more industrial type of vehicles. Of the local governments surveyed in 2013, all regulate commercial vehicles in residential areas. Most of the local governments, including Indian River County, limit the weight of commercial vehicles parked outside in residential areas, regulating rated capacity (cargo carrying capacity), gross weight (total weight of vehicle loaded to capacity), or some other weight category. Several local governments, including Indian River County, also regulate commercial vehicle dimensions (length, width, or height). In the 2013 survey, maximum commercial vehicle lengths were as follows: Chesapeake, Virginia 20 feet Fairfax County, Virginia 21 feet �., Indian River County 23 feet "Average" length: 23.5 feet Durham, North Carolina 30 feet Based on that sampling, Indian River County's 23 foot maximum length is close to the 23.5 foot average. Each local government that limited commercial vehicle lengths also limited vehicle height. From the 2013 survey, maximum commercial vehicle heights were as follows: Chesapeake, Virginia 7 feet Fairfax County, Virginia 8 feet Manatee County, Florida 9 feet Indian River County 9 feet "Average" height: 9 feet Durham, North Carolina 12 feet Overall, the 9 foot average height resulting from the 2013 survey mirrored the results of the 2008 survey. That survey found that 3 local governments limited commercial vehicle height,and all 3 of those jurisdictions had a 9 foot height limit(Sebastian,Manatee County, and Palm Beach County). • Recreational Vehicles At its meeting of October 23, 2012, the Board directed staff to revisit the county's existing 32 foot ..► length limit for recreational vehicles (RVs)parked in residential areas. At that same meeting, the Board also directed staff to initiate an amendment to the CL and CG districts regarding outdoor FACommunity Deve1opmen1\CurDev\BCC\2013 BCC\CommandRVatresidence.doc 2 204 vehicle storage lots. In response to both directives, staff prepared one ordinance that proposed changes to the CL and CG districts as well as the current RV length limit. At the special call meeting of February 5, 2013, the Board rejected the proposed ordinance. The primary reason for the Board's rejection of the February 2013 ordinance related to proposed changes that would have allowed stand alone outdoor vehicle storage lots in the CL and CG districts. Thus, the Board did not separately consider changes to the existing limit on RV length. The Board may wish to re-consider the RV-related proposed amendment in conjunction with any consideration of an amendment to the current height limit for commercial vehicles parked in residential areas. Recently,staff surveyed 10 local governments,including Indian River County,regarding regulations for parking RVs in residential areas. Six of the ten jurisdictions surveyed (60%) had no length limitation and two jurisdictions(20%)had no length limitation for an RV parked in a specified yard. Only two jurisdictions(20%)had outright limits on RV length(Fellsmere and Indian River County). ANALYSIS • Commercial Vehicles The purpose of the county's length and height limits is to accommodate small-scale and close-to- medium-scale commercial trucks and vans while prohibiting larger commercial vehicles. The premise of having the current dimensional limits is that smaller and close-to-medium scale commercial trucks and vans can fit into residential neighborhoods while larger commercial trucks and vans will stand-out and establish an aesthetic nuisance. In staff's opinion, it is appropriate for the county's regulations to include dimensional limits,as well as the county's outright prohibition on parking certain types of commercial vehicles in residential areas regardless of size. In this case, increasing the county's commercial vehicle height limit from 9 feet to 9 '/2 feet would accommodate Mr. Heen's current commercial vehicle. Since a 9 '/2 foot limit is near the survey average(9 feet)and within the range of height limits imposed by the local governments surveyed(7 feet— 12 feet), a 9 '/2 foot standard would not be unreasonable. It is staff's position that increasing the height limit from 9 feet to 9.5 feet would be un-noticeable to most observers and would not create an obvious nuisance. Of course, the same could be said of a minor change to other quantitative thresholds contained in the LDRs,such as a setback requirement or the building height limitation. It is also staff's position that there is a broad spectrum of commercial truck and vans sizes and that there will always be many types of commonly available commercial vehicles that will "just breach" any dimensional threshold established by the county. • Recreational Vehicles Staff's position is that the county's current 32 foot RV length limit is out of date and does not accommodate many popular RVs that have lengths between 32 feet and 3 8 feet. Consequently,staff supports changing county requirements to eliminate the current length limit and replace it with the 400 square foot overall RV size limit(vehicle length multiplied by vehicle width) contained in the �.. LDRs and State definitions for RVs. That change mirrors the RV-related change proposed in the February 2013 ordinance (see attachment #2). FAConmmnity Development\CurDev\BM2013 BCC\ConimandRVatresidence.doc 3 205 RECOMMENDATION Staff recommends that the Board of County Commissioners direct staff to initiate a formal LDR amendment to change the existing limitation on the height of commercial vehicles parked in residential areas and to update the current length limit for RVs parked in residential areas. ATTACHMENTS 1. Staff Report and BCC Minutes from 2008 Changes to Commercial Vehicle Regulations 2. February 2013 proposed Amendment to Recreational Vehicle Size Regulations 3. Existing County Regulations for Commercial Vehicles 4. 2013 Summary of Local Government Regulations for Commercial Vehicles (CHART) 5. 2013 Summary of Local Government Regulations for Recreational Vehicles (CHART) Indian River Co, Approved Date APPROVED AGENDA ITEM: Admin. FO n `�f Legal 37 f-5- 15 BY: CLI- , Budget 1313 Dept. -� 7 Risk Mgr. FACommunity Deve1opment\CurDev\BCC\2013 BCC\CommandRVatresidence.doc 4 206 ATTACHMENT l I .LK PUBLIC HEARING 1 ' AMENDMENT INDIAN RIVER COUNTY, FLORIDA LEGISLATIVE �.... MEMORANDUM TO: Joseph A Baird; County Administrator D,RVANTMENT HEAD CONCURRENCE: Robert M. Keating, AICP; C mmuni elopment Director FROM: Stan Bolin , I Planning Director DATE: December 8, 2008 SUBJECT: Consideration of Amendments to Restrictions on Parking Commercial`vehicles in Residential Areas; LDR Chapters 901, 911, and 912 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 16, 2008. BACKGROUND Most local governments, including Indian River County, restrict the size and/or type of commercial vehicles that can be parked in residential areas. Such restrictions generally apply to commercial vehicles parked at residences. In Indian River County, these restrictions have not been evaluated or updated in 12 years. On September 23, 2008, the Board of County Commissioners(BCC)considered the county's current. restrictions on commercial vehicles parked in residential areas (see attachment#1). At that time, the Board determined that the existing restrictions may be out of date for newer,heavy capacity pick-up trucks. The BCC then directed staff to evaluate the county's existing restrictions and adopt changes that will accommodate newer truck models. Based on the BCC's direction, staff has conducted research and drafted amendments to the existing Chapter 901 definition of"commercial vehicle"as well as to Chapter 911 and Chapter 912 restrictions on parking commercial vehicles. PSAC Action: At its meeting of October 23,2008,the Professional Services Advisory Committee(PSAC)voted 8-0 to recommend that the Board of County Commissioners(BCC)adopt the proposed amendments with one minor addition. That addition has been incorporated into the proposed draft ordinance. The PZC is now to consider the proposed amendments and is to make a recommendation to the BCC to adopt, �— adopt with changes, or reject the proposed amendments. F_\Community Development\Users\CurDev\BCC\2008 13MConsideration of 911 comm vehicles. 1 2 O 7 - PZC Action: �•- At its meeting of November 13, 2008, the Planning & Zoning Commission (PZC) voted 4-1 to recommend that the BCC adopt the proposed amendments to eliminate restrictions on vehicles with racks and to clarify restrictions on vehicles with booms. In response to the PZC's recommendations . staff has modified the proposed ordinance to clearly allow for standard-size pick-up trucks and vans with racks and to allow vehicles with fold-up booms that are not"visible"when the vehicle is parked. The BCC is now to consider the proposed ordinance and is to adopt, adopt with changes,or reject the proposed ordinance. ANALYSIS The intent of the county's regulations is to promote aesthetics and limit nuisances within residential areas by restricting commercial vehicles to sizes and types customarily used for personal transportation and commonly found in residential areas. The county last updated its commercial vehicle regulations in 1996. That change increased the threshold for commercial vehicles allowed in residential areas from 3/4 ton rated capacity(carrying capacity)to 1 ton rated capacity,and was based on a determination that personal vehicle sizes had increased. Therefore, under current regulations, one commercial vehicle with a rated capacity of 1 ton or less is allowed per residence. Recently, staff researched specifications for numerous new truck and van models as well as the commercial vehicle regulations of 18 local governments. That research indicates that some popular models of newer pick-up trucks exceed the county's current 1 ton rated capacity threshold. That research also indicates,however,that trucks with increased rated capacity are no different in size and appearance from models that have a different carrying capacity options"package". Thus,the county's current regulations rely on a threshold that does not directly relate to observable differences in vehicle size or shape. Throughout the state, many local governments use size and weight thresholds, rather than rated capacity,as a component of their commercial vehicle regulations. Such size and weight criteria appear to be more directly related to commercial vehicle impacts rather than carrying capacity. As a result of these fundings,staff's draft amendment changes the commercial vehicle threshold from"rated capacity" to a threshold based on vehicle length, height,and gross vehicle weight. The proposed threshold will not classify a fully loaded,large late model pick-up truck with a gross vehicle weight of 15,000 pounds or less as a commercial vehicle. The Public Works Director has verified that such vehicles should not adversely impact local roads and driveways in residential areas. Based upon the sizes and weights of larger new truck models(see attachment#3),staff has drafted LDR changes that will allow the largest pick-up truck models,as well as common cargo vans,to be parked in residential areas without respect to carrying capacity. The proposed ordinance also specifically allows such pick up trucks and vans to have a rack. In addition, the draft changes codify existing county policy that prohibits bucket trucks,dump trucks,semi-tractors,and similar commercial vehicles from being kept in residential areas. The proposed changes will modify the Chapter 901 definition of"Commercial vehicle"by adding size and weight criteria and by specifically defining certain types of vehicles as commercial vehicles(dump trucks, bucket trucks, semi-tractors). In addition, the proposed changes will amend two identical sections of the LDRs, sections 911.15(3) and 912.17. These changes will update regulations in accordance with the definition changes,continue to prohibit commercial vehicles such as dump trucks and large sized vehicles in residential areas,and continue to allow vans and pick-up trucks with racks in residential areas. FACommunity Development\Users\CurDev\BCC\2008 BCC\Conj ftA6A J&Rf icles.1 2 208 RECOMMENDATION: Staff recommends that the Broad of County Commissioners adopt the proposed amendment. ATTACHMENTS: I. Back-up Memo and Draft Minutes from the September 23, 2008 BCC Meeting 2. Draft Minutes from the October 23,2008 PSAC Meeting 3. Draft Minutes from the November 13, 2008 PZC Meeting 4. 2008 Survey of Vehicle Weight and Size 5. 2008 Survey of Local Governments on Thresholds for Commercial Vehicles Parked in Residential Areas 6. Proposed Amendments to Commercial Vehicle Chapter 901 Definition and Chapters 911 and 912 Restrictions Indian River Co, Apprqved Date APPROVED AGENDA ITEM: Admin. /a/PAIL Legal FOR: 08" Budget I b BI,: Dept. 1,3 Risk Mgr. FACommunity Development\Users\CurDev\BCC\2008 BCC\Consideration of911 comm vehicles.rtf 3 209 Ift "t"APUMCUT 1 SEPTEMBER 23, 2008 ITEM '14.13, .1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 17, 2007 SUBJECT: Amendment to Ordinance Section 912.17 Parking and Storage of Vehicles FROM: Commissioner Wesley S. Davis District 1 Currently, Ordinance Section 912.17 Code of Indian River County, Florida, restricts commercial vehicles parking of commercial vehicles in residential areas not to exceed 1 (one)ton rated capacity. ,OW.- Due to modifications to the suspension of newer truck models (see attached brochures), I request the Board of County Commissioners give the legal staff direction to draft an amendment to Ordinance Section 912.17 in support of increasing vehicle weight capacity in a residential area not exceeding a rated capacity of one and a quarter ton (1.25)or less. As this is an amendment to County land use regulations, the amendment must be considered by the Professional Services Advisory Committee and the Planning and Zoning Commission. WSDlmlh F:\SCMgenda Items120080avis-Amendment to Ordinance 912.17.doc A"AMMENT 1 210 �r,J,::_ ;;,:�::.::,, ,i'•h., Drive one. ' Home-> Trucks->F-250 SE > Super Duty XL 2008 i F-250 SD 3/4. ton Drive T.. - : _ e Trucks.. �5 0 .'i 2008 F-350 1 ton AMDrive one. . . .. ane Trucks-> F-4 SC Oce s 1F-450 1 , 25 ton I ATTACHMENT 1 211 : "EXCERPT FROM A UNAPPROVED MINUTES OF DRAFT BCC MEETING OF__�CJ. PCI ;;L0 d g BY Deputy Clerk DATE: !7, aA0$ THIS IS AN EXCERPT OF THE UNAPPROVED MINUTES OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, HELD SEPTEMBER 23, 2008 14. COMMISSIONER ITEMS 14.A. COMMISSIONER SANDRA L. BOWDEN• CHAIRMAN-NONE 14A COMMISSIONER WESLEYS.DA[TIS. VICE CHAIRMAN 14AL AMENDMENT TO ORDINANCE SECTION 912.17PARKING AND STORAGE OF VEHICLES Vice Chairman Davis conveyed that a gentleman, who works for a local cable company, approached him about an Ordinance that limits the capacity weight of vehicles in residential developments to one ton. He said the issue is that a person can not tell the difference between a%ton, 1 ton, or 1'/4 ton vehicle by looking at them. Community Development Director Bob Keating pointed out that pick up trucks are getting bigger and he clarified that it is not staff s intent to treat them as commercial vehicles in neighborhoods. He proposed that staff amend the Land Development Regulation(LDR)to make a change recognizing the fact that vehicles are receiving more hauling capacity,and should not be treated as commercial vehicles. He said if the Board authorizes staff to move forward with the amendment that he would come back to the Board with the LDR Amendment. 33 September 23, 2008 ATTACHMENT 1 212 "EXCERPT FROM Af UNAPPROVE MINUTES Of DRAFT BCC MEETING OF, r aobg BY Deputy Clerk w. DATES ON MOTION by Commissioner O'Bryan,SECONDED by Commissioner Flescher,the Board by a 3-0 vote(Chairman Bowden and Commissioner Wheeler absent) directed the County Attorney's office to draft an Amendment to Ordinance Section 912.17, Parking and Storage of Vehicles,to include 11/4 ton pick up trucks. 34 September 23, 2008 A"WIMEta 1 213 PROFESSIONAL SERVICES ADVISORY COMMITTEE There was a meeting of the Indian River County (IRC) Professional Services Advisory Committee (PSAC) on Thursday, October 23, 2008 at 2:00 p.m. in the First Floor Conference Room "81-501" of the County Administration Building "B", 1800 27th Street, Vero Beach, Florida. Present were Peter Robinson, Development Appointee; Todd Smith, Engineer Appointee; Stephen Moler, Engineer Appointee; Linda Schlitt Gonzales (arrived at 2:20 p.m.), Real Estate Broker Appointee; George Kulczycki, Forester, Biologist, Botanist, Horticulturalist, or Arborist Appointee; Warren Dill, Law Appointee; John Blum, Civil Engineer Appointee; Alan Schommer (arrived at 2:10 p.m.), General Contractor Appointee; Robert Gaskill, Architect Appointee (arrived at 2:03 p.m.); and Jon Day, Environmental Issues Appointee. Absent were Robert Poore, Alternate (excused), Robert Brackett, Finance and Business Appointee; Frank Johnson and Mark Scott, Alternates (unexcused). Also present were IRC staff: Stan Boling, Planning Director; Bob Keating, Community Development Director; Will Collins, County Attorney; Jim Davis, Public Works Director; and Misty L. Horton, Commissioner Assistant, District 1. Others present: Jorge A. Latour and Victor Knight, Interested Parties. Please note: You may hear an audio of the meeting; review the agenda and the minutes on the IRC website - www.ircgov.com/Boards/PSAC/2008. Please note listed at the end of each agenda item refers to time location of these items on the audio recorded of the meeting. Call To Order Chairman Smith called the meeting to order at 2:00 p.m. Approval of Minutes of the May 15, 2008 Meeting ON MOTION BY Mr. Robinson, SECONDED BY Mr. Moler, the members voted unanimously (7-0) to approve the May 15, 2008 minutes, as presented. (2:01 p.m.) PSAC/Unapproved 1 October 23, 2008 CADocuments and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK27\Min10 23 08.doc ATTACHMENT 1 214 Old Business None New Business A. Consideration of Amendments to Restrictions on Parking Commercial Vehicles in Residential Areas, LDR Chapters 911 and 912 Mr. Stan Boling, Planning Director welcomed new member Jon Day, Environmental Issues Appointee to the Committee, replacing Ryan Morrell and provided direction to the committee where IRC committee & Board of County Commission information and committee documents may be found on the County Website. Mr. Robert Gaskill arrived at 2:03 p.m. Mr. Boling mentioned a correction on his memorandum dated October 16, 2008, page 2, under Recommendations, after the words "related to", replace school concurrency with commercial vehicle regulations. He continued with a PowerPoint presentation, copies of which are on file with the Commission Office. Mr. Boling summarized the proposed revision to the commercial vehicle definition to replace the wordage of rated capacity to gross vehicle weight, with the additional description to include size (length and height) of the vehicle and restriction regarding buckets, booms, etc. A discussion ensued regarding technical elements of other trucks with hoisting booms versus the physical/visual appearance. ON MOTION BY Mr. Robinson, SECONDED BY Mr. Moler, the members voted unanimously (8-0) to adopt the proposed LDR amendments related to commercial vehicles subject to adding language regarding the specifics of hoisting equipment. (2:10 p.m.) Mr. Alan Schommer arrived at 2:10 p.m. PSACIUnapproved 2 October 23, 2008 CADocuments and Settings\mbowdren\Locai Settings\Temporary Internet Fiies\OLK27\Min10 dor, ATTACRUIPMT 1 215 B. Consideration of Amendments to Mining Regulations in LDR Chapters 934 and 971 Mr. Boling provided background information regarding the status of the moratorium on applications for new mines in Indian River County, explaining a state law mandates the moratorium can go no further than January 7, 2009. He referred to his memorandum dated October 8, 2008, with 11 attachments and PowerPoint presentation, copies of which are on file with the Commission Office. Mr. Boling referred to the 38 suggested recommendations for change made by the Planning & Zoning Commission. He highlighted County staff does not have expertise in some of the groundwater issues and water quality issues; relying upon St. Johns River Water Management District and other agencies. Mrs. Linda Gonzalez arrived at 2.20 p.m. Lengthy discussions ensued regarding haul route traffic, requirements, noise standards, compliance and enforcement. Mr. Victor Knight gave his opinion regarding the special exception use permitting and discussion followed. �. ON MOTION BY Mr. Schommer, SECONDED BY Mrs. Gonzalez, the members voted unanimously (10-0) to recommend the Board of County Commissioners consider the following changes/additions: • Complete elimination of the 50 haul trips out per hour truck limit. • Increase Formal Unresolved Violations from 2 to 5 within a one (1) year period before scheduling a penalty determination hearing before the Board of County Commissioners. • No waiver of the appeal fee. • Applicant given option for developers agreement to equitably share haul route paving costs. • Public input required at Planning and Zoning Commission meeting. PSAC/Unapproved 3 October 23, 2008 CADocuments and SettingslmbowdrenTocal Settings\Temporary Internet Files\OLK27Un10 23 08.doc ATTACHMENT 1 216 ON MOTION BY Mr. Moler, SECONDED BY Mr. Robinson, the members voted unanimously (10-0) to recommend the Board of County Commissioners consider not penalizing (violating) the mine owner/operator for traffic violations of drivers not employed by the owner/operator. ON MOTION BY Mr. Robinson, SECONDED BY Mr. Schommer, the members voted unanimously (10-0) to recommend the Board of County Commissioners adopt the proposed mining regulation LDR amendments revising the average annual daily trips (AADT) standard for the haul route paving threshold as follows: Al = 500 AADT A2 = 1500 AADT A3 = no limitation (no paving required) ON MOTION BY Mrs. Gonzales, SECONDED BY Mr. Blum, the members voted unanimously (10-0) to recommend the Board of County Commissioners approve the ordinance with this Committee's recommendations contained in the motions above. Matters by Members None Matters by Staff Mr. Boling inquired about the 2:00 p.m. versus 12:15 p.m. meeting time and the consensus was for the meeting time to remain at 12:15 p.m. Adjournment There being no further business, the meeting adjourned at 4:06 p.m. PSAC/Unapproved 4 October 23,2008 CADocuments and Settings\mbowdren\Local Settings\Temporary Internet F11es\OLK271Min10 23 08.doc ATTACHMENT 1 217 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, November 13, 2008 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2008. Present were members: Vice Chairman Craig Fletcher, District 3 Appointee; Donna Keys, District 1 Appointee; Gerard Weick, District 2 Appointee; Greg Smith, District 4 Appointee; and Dr. Richard Baker, Member-at-Large. Absent were Chairman George Hamner, Member-at-Large; George Lawrence, District 5 Appointee and Carol Johnson, non-voting School Board Liaison (all excused). Also present was IRC staff: William G. Collins II, County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; John McCoy and Steven Deardeuff, Senior Planners; and Reta �•. Smith, Recording Secretary. Call to Order and Pledge of Allegiance (7:14:32) Vice Chairman Fletcher called the meeting to order and led all in the Pledge of Allegiance. Approval of Minutes (7:15:05) ON MOTION BY Ms. Keys, SECONDED BY Mr. Smith, the members voted unanimously (5-0) to approve the minutes of the EAR Public Workshop of September 30, 2008, as presented. ON MOTION BY Ms. Keys, SECONDED BY Mr. Weick, the members voted unanimously (5-0) to approve the minutes of the meeting of October 23, 2008, as presented. PZC/Unapproved 1 November 13, 2008 F:/BCC/All Committees/PZC/2008Ag&Min/PZC Minutes 11/13/08,doc ATTACHMEWT 1 218 .... Mr. milton related his family owned seven acres on south side of the subject perty and asked if the rezoning woul ect his property or his taxes. Mr. ling responded Mr. Hamilto ' zoning would stay the same. Vice Chairman Fletcher os he public hearing at 7:54 p.m. 8:09:28 ON MO N BY Ms. Keys, CONDED BY Mr. Wei , the members voted una ' ously (5-0) t approve staff's recommendation. Vice Chairman Fletcher read the following into the record: B. Consideration of Amendments to Restrictions on Parking Commercial Vehicles in Residential Areas; LDR Chapters 901, 911, and 912 [Legislative] Mr. Boling reviewed the information contained in his memorandum dated October 24, 2008, a copy of which is on file in the Commission Office (8:10:26). .. Ms. Keys suggested adding box trucks to the exclusion list. Mr. Boling observed most box trucks were nine feet or taller, and he felt the height dimension would probably be a good way to regulate this issue. Mr. Smith noted many electricians or plumbers had what he would call box trucks, and wondered if those would be restricted. Both he and Vice Chairman Fletcher stressed they did not want to impact the small businessman who parked his truck at his home. Discussion followed. 8:37:55 ON MOTION BY Mr. Weick, SECONDED BY Ms. Keys, the members voted (2-3) to approve staff's recommendation. Vice Chairman Fletcher, Mr. Smith and Dr. Baker opposed. The motion failed. PZC/Unapproved 5 November 13, 2008 F:/BCC/Ali Committees/PZC/2008Ag&Min/PZC Minutes 11/13/08.doc ATTACHMEW 1 219 8:39:43 ON MOTION BY Ms. Keys, SECONDED BY Mr. Smith, the members voted (4-1) to approve staff's recommendation with the elimination of the rack restriction and have staff come up with some wording on booms. Mr. Weick opposed. Commissi Hers Matters (8:40:16) Ms. Key recalled during recent meetings involving e Evaluation and Appraisal R ort (EAR) there was discussion regar 'ng changes on sewer hook-up r uirements for the Barrier Islan , and asked for clarification on this is e. Mr. Keating explained the R was only a guide to what would be done ext year when the Comp _hensive Plan (Comp Plan) was amended, and t this time there was o specific wording. He stated basically the EAR sai the policy should a amended so hook up to sewer would be required wh available; h wever this would be much more specific when the Comp PI a amend nts were discussed. Discussion followed about S . ohns River Water Management recommendations regarding monitori wells in connection with mining regulations. Planning Matters (8:46:31) Mr. Boling reminded t members there w uld be a special hearing on mining regulations on ednesday, Novembe 19, 2008, and briefly described the upcoming b ckup for that meeting. Attorney's Matters (8. 9:38) None. There bei no further business, the meeting was adj rned at 8:35 p.m. CraigFlet er, Vice Chairman Date Reta Smith, Recording Secretary Date PZC/Unapproved 6 November 13, 2008 F:/BCC/All Committees/PZC/2008Ag&Min/PZC Minutes 11/13/08.doc ATTACHMENT 1 220 2008 Survey of Vehicle Weight and Size Pick-up Trucks Vehicle Make/Model Gross Vehicle Weight Length Height Cadillac Escalade EXT 4dr crew cab AWD 7,200 Ibs 222 inches 74.5 inches Lincoln Mark LT 4dr super crew 4wd 7,200 Ibs 235.8 inches 76 inches Hummer H2 SUT 4dr crew cab 4wd 8,600 Ibs 189.8 inches 79.2 inches Honda Rid eline RTL 4dr crew cab AWD 6,050 Ibs 207 inches 71.2 inches Ford F-450 Super Dut Lariat 4dr crew cab 4wd 14,500 Ibs 262.4 inches 79.8 inches Nissan Titan LEFFV 4dr crew cab 4wd 5,165 lbs 244.2 inches 76.4 inches GMC Sierra 3500 HD SLT 4dr crew cab 4wd 9,900 Ibs 258.7 inches 76.1 inches GMC Sierra 1500 Denali 4dr crew cab AWD 7,000 lbs 229.9 inches 73.7 inches Toyota Tundra Limited 4dr crew max cab 4wd 7,200 Ibs 228.7 inches 76 inches Dodge Ram pick up 1500 Laramie 4dr crew cab 4wd 6,800 lbs 227.5 inches 74.8 inches Dodge Ram pick up 1500 Laramie 4dr quad cab 4wd _ 6,700_Ibs _ _ 229 inches 74.8 inches Chevrolet Avalanche LTZ 4dr crew cab 4wd 7,200 lbs 221.3 inches 76.6 inches Chevrolet Avalanche LTZ 4dr crew cab SB RWD 7,000 lbs 221.3 inches 76.6 inches Cargo Vans Vehicle Make/Model Gross Vehicle Weight. Length Height Chevrolet Express Caro 9,600 lbs 244.1 inches 82 inches GMC Savana Caro 7,300 lbs 224.1 inches 81.6 inches Dodge Sprinter Caro 8,550 Ibs 232.5 inches 96.3 inches Ford Econoline Caro 8,600 Ibs 237 inches 84.6 inches Note: Length: 23 feet=276 inches Height: 9 feet= 108 inches 8 feet= 96 inches F:\Community Development\Users\CurDev\PSAC\2008 PSAC\vehicles.rtf L 21 Av1'ACNMEi�T 1 2008 Survey of Local Governments: Thresholds for Commercial Vehicles Parked in Residential Areas Jurisdiction Weight/Size/Capacity Threshold Vero Beach < 5,000 lbs (currently being revised upward) Sebastian <23' long x 9' high Fellsmere In practice: allow dump trucks, school buses, "goats", everything but 18 wheelers St. Lucie Count < 10,000 lbs Gross Vehicle Weight Martin County < 1 ton cargo capacity Palm Beach County < 1 ton capacity and < 12,500 lbs Gross Vehicle Weight Height < 9' Len th< 25' Sarasota < 7,200 lbs Gross Vehicle Weight No semi-trailers or trailers or dump trucks, or: - wreckers - bucket trucks - front end loaders, etc. - trucks with stake beds Manatee < 1 ton capacity and< 9' in height Volusia < 10,500 lbs Gross Vehicle Weight Osceola < 15,000 lbs Gross Vehicle Weight Brevard < 24' in length Vienna, VA < 20,000 lbs Gross Vehicle Weight Baltimore Co, MD < 10,000 lbs Gross Vehicle Weight Albuquerque, NM < 10,000 lbs and can fit in 20' x 8.5' space Fairfax Co, VA < 12,000 lbs Gross Vehicle Weight Virginia Beach, VA < 1 ton carrying capacity Warwick, RI < 9,900 lbs Gross Vehicle Weight Glendale, AZ < 1 ton chassis and 10,000 lbs Gross Vehicle Wei t Indian River County < 1 ton capacity No construction materials stored on outside of such vehicles. No vehicles hauling explosives, gasoline or liquefied petroleum. Class "A" tow trucks/wreckers allowed only if on an emergency towing rotation with sheriff's office. FACommunity Development\Users\CurDev\PSAC\2008 PSAC\Thresholdsforcommvehicles.rtf 222 ATTACHME14T A TRUE COPY CERTIFICATION ON LAST PAGE 2008- 021 Mary Louise Scheidt, Clerk,Ad Interim AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AN AMENDMENT TO CHAPTER 901, DEFINITIONS; CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE FAMILY DEVELOPMENT, BY AMENDING GENERAL PROVISIONS SECTION 911.15, AND BY AMENDING PARKING AND STORAGE SECTION 912.17, AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: SECTION#1: The definition of"Commercial vehicle" provided in section 901.03 of Definitions is hereby amended to read as follows: Commercial vehicle any motor vehicle which designed. of-used p-nneipally for- business, govenunental, or- non profit or 'atieff p i gern_fpr Z+�a (2-)fD Has a platform ^^tine+ be* rack- for transporting earap u4ment, or other f_ility f=. weft E materials; or equipment, and items other than the personal effects of private passengers..., or a boom that is visible when the vehicle is narked, including but not limited to bucket trucks, dump trucks, semi-tractors, semi-trailers, and other similar vehicles; or (2) Exceeds a gross vehicle weight of 15,000 pounds, a length of 23 feet (275 inches), or a height of 9 feet (108 inches), except that recreational vehicles, as defined in this section shall not be considered as commercial vehicles. SECTION#2: Section 911.15(3) of General provisions is hereby amended to read as follows: (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten(10)hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not iiie'., Ing he ^ '-, 2, ern 3 distriets, except: 1. Gemmer-eial vehieles with a fated eapaeity ef ene (1) ten or- less used by the .-sident ef the promises, lifait@4 to ene (1) per-pr-efflises and parked eff street i gafage, ear-port or- d6veway. No eeiistf:ueti n or- similar-materials--shall be ster-ed of +r ft ,a an the ,.,.+side of sueh suevehicles. Within residential zoning districts, one commercial vehicle consisting of a pick-up truck or van with a rack for Sold Underline: Additions to Ordinance 1 Strike threagkr: Deleted Text from Existing Ordinance FXommunity Development\Users\CurDev\ORDINANCE\2008\200$-_commercial vehicies.RTF ^ ^ ^ A"ACHMENT 1 L L V{ A TRUE COPY CERTIFICATION ON LAST PAGE F JA-BARTOAI, CLERK 2008- 021 transporting materials or equipment and items other than the personal effects �- of private passengers, not exceeding a length of 23 feet, height of 9 feet, or gross vehicle weight of 15,000 pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or «Nrreckcr is allowed to be parked or stored at a residence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1,A-2, and A-3 districts SECTION#3: �.. Section 912.17. Parking and storage is hereby amended to read as follows: As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles,parking or storing vehicles and the storage of boats and recreational vehicles, in residential areas. (1) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period(more than ten (10)hours in any calendar month)on any residentially used lot, in the street abutting such lot, or on residentially zoned land, net ifleNdifig the A 1, 2, er- A 3 dist iets, except: 1. Gemmer-eial vehieles with a rated eapaoity of ene (1) ten or- less used by th-e (,.,,,,spar ed o the ,.utside of sueh vehi.los _ Within residential zoning districts, one commercial vehicle consisting of a pick-up truck or van with an rack for transporting materials or equipment and items other than the personal effects of private passenger, not exceeding a lenjith of 23 feet, height of 9 feet,or gross vehicle weight of 15,000 pounds,shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where Bold Underline: Additions to Ordinance 2 Sti-ike Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_commercial vehicle-s.RTF ^ ^ ATTACHMENT � L L A TRUE COPY CERTIFICATIOkN LAST PAGE J.K.BARTON,CLERK �._....,-` 2008- 021 3. In no case shall a commercial vehicle which is used for hauling explosives, `" gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a residence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1,A-2,and A-3 districts SECTION#4: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason,the same shall be,eliminated from this Ordinance and the remaining portion of this Ordinance shall be in frill force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION#5: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#6: LNCLtiSION Ili THE COBE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River. County, Florida, The sections of the Ordinance may be renumbered or relettered to accomplish such, and the 'word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION#7: EFFECTI'V'E DATE. This Ordinance shall take effect upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of December ,2008. This ordinance was advertised in the Press-Journal on the 2nd day of December 2008, for a public hearing to be held on the 16th day of December , 2008, at which time it was moved for adoption by Commissioner Flescher , seconded by Commissioner Davi s , and adopted by the following vote: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Bold Underline: Additions to Ordinance 3 Stfike throughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008•_commercial vehicles.RTF ^^ ATTACHMENT L L k j - 2008_ 021 Commissioner Gary C. Wheeler AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Wesley S. Davis,. airman ATTEST BY: D,G 112K : MaryLouise Scheidt, Clerk,Ad Interim This ordinance;was filed with the Department of State on the following date: DEC 2 3 2008 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APP RO ED AS TO PLANNING MATTERS RobertM. eating, P; Co munity D opment Director F RIDA COUNTY RTIFY THATTIllt 1S ATRUSAL OtI FILE N T 4ISFEY K.BARTON,CLERK DATE—..--- Bold Underline: .Additions to Ordinance 4 Stfike 4hreeg4e Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2008\2008-commercial vehicles.RTF ATTACHMENT 226 docume to allow the County to cl out the Grant, as commended in the emorandum of December 4, 2 8. DOCUMENTS ARE ON FILE OFFICE OF THE CLERK TO THE BOARD 9. CONSTITUTIO OFFICERS D GOVERNMENTAL AGENCIES-X16NE 00, 10. PUBLIC ITEMS 10.A.1. CONSIDERATION OF AMENDMENTS TO RESTRICTIONS ON PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS;LDR CHAPTERS 901, 911,AND 912 (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed the backup memorandum of December 8, 2008, and used a PowerPoint(copy on file) to provide background and analysis on staff's request to consider amendments to Chapters 901, 911, and 912 of the Land Development Regulations (LDR's), which pertain to current restrictions on parking commercial vehicles in residential areas. He thereafter presented the recommendations of staff, the Professional Services Advisory Committee (PSAC), and the Planning and Zoning Commission (PZC), for approval of the required amendments to the LDR's,by adoption of the proposed Ordinance. Commissioner O'Bryan wondered about the inclusion of a 15,000 pound truck under the vehicle allowances in the proposed amendments. �-- 15 December 16, 2008 ATTACHMENT 227 Director Boling acknowledged that the above was a heavy vehicle, but pointed out that staff was comfortable with the vehicle sizes, and wanted to have a clear dividing line between what is and is not permitted. He added that determinations had also been made as to the types of vehicles that would not be allowed, such as bucket trucks, dump trucks, and semi tractors. Vice Chairman Flescher supported the proposed amendments, citing cases where businesses have been forced to downsize and work from their own residences. He pointed out that the updated restrictions would not impact public roads and bridges. Commissioner Wheeler questioned staff on how long a commercial vehicle could be stored, and about whether the Ordinance update would impact the storage of recreational vehicles, such as boats. ,. Staff thereafter responded to Commissioner Wheeler's concerns about the proposed Ordinance being too restrictive for landowners in agricultural zoning who might need to have on-site several trucks for a business operation. The Chairman opened the public hearing. Fred Mensing, 7580 129th Street, Sebastian, wanted to see exemptions from the size restrictions (in addition to exemptions granted to tow trucks) granted to emergency service vehicles and horse trailers which must be parked on-site at a residence. Director Boling felt that most commercial vehicles would fit in the size parameters set forth in the proposed amendments to the LDR's. There were no additional speakers and the Chairman closed the public hearing. j 16 December 16, 2008 ATTACHMENT 228 ORDINANCE 2013- upon each site, except that one additional recreational vehicle per dwelling unit may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period. 3. Limitation on number of boats. No more than one boat per dwelling unit shall be stored in an unenclosed area upon each site except that one additional boat per dwelling may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period. 4. Location of unenclosed storage areas. Such storage shall not be located in any required front or side yard, or any easement; except that such vehicles may be stored on a designated driveway. 5. Licensing. Recreational vehicles and boat trailers shall have a valid motor vehicle license at all times. 6. Use limitations. Recreational vehicles and boats shall not be used for office or commercial purposes, nor for sleeping, housekeeping or living quarters while so stored. 7. No public facilities hook-ups. No service facilities, such as water, sanitary, or electrical connections shall be attached; except a temporary electrical extension connected to the vehicle for battery charging or to facilitate IWAW repair is permitted. 8. Limitation on le-ng-th overall size of recreational vehicles-,-, Consistent with the Chapter 901 definition of "Recreational vehicle'% the overall size of a recreational vehicle stored outside on a residentially zoned lot shall not exceed four hundred (400) square feet (vehicle length multiplied by width). No r-e eafienall vehiele se ste=ed- 1, 11 b in exeess f thi ftt t (32) feet length, provided that in tl, adjustment,event of undue hardship petifiens for a va-r-ianee to this ehapter- as to length r-e"ifements may be filed and heafd by the Indian River- GeufAy beafd of zoning adjustment. The beafd of zoning in its eansi.1 t' f any sueh appeal, Fflayeensider- the size of the ehiele tl o let size in "estion and the availability of adequate safeguar-ds to pro the neighber-heed. (c) Storage of recreational vehicles and boats in multifamily residential areas. In any apartment, condominium or other multifamily use, recreational vehicle and boat storage may be permitted in a portion of a project which is specifically designated for recreational vehicle and/or boat parking; however, screening measures may also be required as a condition of site plan approval. No recreational vehicle or boat may be stored in the parking lot of a multifamily development, unless such parking lot has been designated on the approved site plan for the development as recreational vehicle storage area. Bold Underline: Additions to Ordinance 3 Strike through: Deleted Text from Existing Ordinance /� ^ F:\Community Development\CurDev\Ordinances\2013\2013-_911,912 and 971(vehiclestoragerecveh).doc 2 31 A TTAMIMFUT 2 VV ORDINANCE 2013- SECTION #3: Amend LDR Section 912.17(3), by deleting limitation on length of recreational vehicles, to read as follows: (3) Unenclosed storage of recreational vehicles, trailers and boats. (a) [Generally.] Any recreational vehicle not in normal daily usage for transportation of the occupants of the residence shall be considered as "stored" for purposes of this chapter. (b) Unenclosed storage of trailers, campers and boats; restrictions in residential zoning districts. Recreational vehicles and boats may be stored on any lot. However, any trailers, campers or boats which are stored in unenclosed areas on any single-family or two-family lot in any residential zoning district shall meet the following standards: 1. Ownership of recreational vehicles and boats; authorized storage. Such storage shall be limited to vehicles owned by the occupant(s) of the residence or the house guests of the occupant(s). 2. Limitation on number of recreational vehicles. No more than one recreational vehicle per dwelling unit may be stored in an unenclosed area upon each site, except that one additional recreational vehicle per dwelling unit may be parked on the property for a period not in excess of two (2) weeks in any one- year period. 3. Limitation on number of boats. No more than one boat per dwelling unit shall be stored in an unenclosed area upon each site except that one additional boat per dwelling may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period. 4. Location of unenclosed storage areas. Such storage shall not be located in any required front or side yard, or any easement; except that such vehicles may be stored on any designated driveway. 5. Licensing. Recreational vehicles and boat trailers shall have a valid motor vehicle license at all times. 6. Use limitations. Recreational vehicles and boats shall not be used for office or commercial purposes, nor for sleeping, housekeeping or living quarters while so stored. 7. No public facilities hook-ups. No service facilities, such as water, sanitary, or electrical connections shall be attached; except a Bold Underline: Additions to Ordinance 4 Strike through: Deleted Text from Existing Ordinance /'� ^ n F:\Community Development\CurDev\Ordinances\2013\2013- 911,912 and 971 (vehicl toragerecveh).doe L 3 L ORDINANCE 2013- temporary electrical extension connected to the vehicle for battery charging or to facilitate repair is permitted. 8. Limitation on length overall size of recreational vehicles-,- . ehicles;. Consistent with the Chapter 901 definition of "Recreational vehicle", the overall area of a recreational vehicle stored outside on a residentially zoned lot shall not exceed four hundred (400) square feet (vehicle length multiplied by width). No vehieled shall b in .,...ess of thiAy two (3 2) feet in length, pr-evided that in the event of undu-e hardship petitions for- a varianee te this ehapter- as te the length a*y sueh appeal, may eensider- the size of the vehiele, the lat size the neighbor-heed. SECTION #4: Amend LDR Section 971.12, Commercial services, to read as follows: (1) Building material sales and lumberyards (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of �- 971.04): CG. (b) Additional information requirements: 1. A written statement defining the general inventory of materials to be sold on the premises; 2. Statements disclosing the projected percentage of total sales to be derived from wholesale activities; 3. A site plan showing the location of all principal structures and all on-site storage areas. (c) Criteria for construction material sales: 1. All materials to be sold on the premises must be completely screened from adjacent properties and roadways; 2. On-site vehicular storage shall be limited to those vehicles used in the operation of establishment; 3. Such establishments shall not include the manufacture of structural wood .,.. components, roof trusses, wall units and other activities requiring the assembly of wood products; Bold Underline: Additions to Ordinance 5 Strike threughr Deleted Text from Existing Ordinance 233 F:\Community Development\CurDev\Ordinances\2013\2013- 911,912 and 971 (vehicl�ctoragerecveh).doc f►r4MA A■0f,1p►t� J Section 911.15 (3) (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except: 1. Within residential zoning districts,one(1)commercial vehicle consisting of a pick-up truck or van with a rack for transporting materials or equipment and items other than the personal effects of private passengers,not exceeding a length of twenty-three(23) feet,height of nine (9) feet, or gross vehicle weight of fifteen thousand (15,000) pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers,on an emergency towing service rotation list with the local sheriff s or police department,used by the resident of the premises,limited to one(1) per premises and parked off-street in a garage,carport or driveway.Under this paragraph,one (1) tow truck or wrecker is allowed to be parked or stored at a residence. 5. One(1)commercial vehicle shall be allowed per residential premises within the A-1,A-2,and A-3 districts. Section 912.17(1) (1)Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period(more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except: 1. Within residential zoning districts,one(1)commercial vehicle consisting of a pickup truck or van with a rack for transporting materials or equipment and items other than the personal effects of private passengers,not exceeding a length of twenty-three(23) feet, height of nine (9) feet, or gross vehicle weight of fifteen thousand (15,000) pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction,transportation,or other services specifically for the location where such vehicles are parked. FACommunity Deve1opment\CurDev\BCC\2013 BCC\CurrentComVehM CHM,ENT 234 3. In no case shall a commercial vehicle which is used for hauling explosives,gasoline or ,-MW liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers,on an emergency towing service rotation list with the local sheriff s or police department,used by the resident of the premises, limited to one(1)per premises and parked off-street in a garage,carport or driveway. Under this paragraph,one(1)tow truck or wrecker is allowed to be parked or stored at a residence. 5. One(1) commercial vehicle shall be allowed per residential premises within the A-1, A-2, and A-3 districts (2 FACommunity Development\CurDev\BCC\2013 BCC\CurrentComVehre*ffACHMENT 3 235 SUMMARY OF LOCAL GOVERNMENT REGULATIONS FOR PARKING COMMERCIAL VEHICLES OUTSIDE IN RESIDENTIAL AREAS (WINTER 2013) In-region Jurisdiction Restriction on Commercial Vehicles Brevard County Commercial pick-ups, cargo vans, 2-axle step vans, and trailers allowed within residential parcel boundaries. No weight or size limits specified. Fellsmere One commercial vehicle allowed in driveway. Following commercial vehicles not allowed on residential streets: • Over 10,000 lbs. empty weight • Semi-trailer trucks with more than 3 axles • Over 22,000 lb. capacity axle weight) �. Hillsborough County One ton or less rated capacity allowed. Indian River County No bucket trucks, dump trucks, semi-tractors, semi-trailers, or similar vehicles. �► Vehicles not exceeding 15,000 lbs. gross vehicle weight, 23 feet length, and 9 feet height allowed. � Lake County Gross vehicle weight 12,000 lbs or less allowed. Manatee County One ton or less rated capacity and not exceeding 9 feet height allowed. Nine feet height limit waived if less than 3/4 ton capacity. Martin County One ton or less rated capacity allowed but must be in garage or screened from view of adjacent ro erty and street. Public service vehicles exempted. Sarasota County No dump trucks, bucket trucks, semi-tractors, semi-trailers, wreckers, or construction vehicles. Vehicles not exceeding 6,000 lbs. empty weight allowed. St. Lucie County No semi-trailers or industrial vehicles (bulldozers, cranes). Vehicles less than 10,000 lbs. gross vehicle weight allowed. Vero Beach No truck tractors. Trucks, buses, trailers not exceeding 5,000 lbs. allowed. Note: FDOT height maximum for non-oversized vehicles: 13' 6" WFAConumnity Development\Cut-Dev\Ordinances\2013\ParkingCommercial-RVVehicles.docx SUMMARY OF LOCAL GOVERNMENT REGULATIONS FOR PARKING COMMERCIAL VEHICLES OUTSIDE IN RESIDENTIAL AREAS (WINTER 2013) Out-of-region Jurisdiction Restriction on Commercial Vehicles Chesapeake, Virginia Vehicles not exceeding 20 feet length, 7 feet in height allowed. Durham, North Carolina No heavy equipment or tractor trailers. Vehicles not exceeding 30 feet overall length, 8 feet width, and 12 feet height allowed. Fairfax County, Virginia No trailers, semi-trailers, or any vehicle with 3 or more axles. Vehicles not exceeding gross vehicle weight of 12,000 lbs, 21 feet length, 8 1/2 feet width, and 8 feet height allowed. —t r� x ac M 4-- N W p;\Community Development\CurDev\Ordinances\2013\ParkingCommercial-RVVehicles.docx 4 SUMMARY OF LOCAL GOVERNMENT REGULATIONS FOR PARKING RECREATIONAL VEHICLES OUTSIDE IN RESIDENTIAL AREAS (WINTER 2013) Jurisdiction Restriction on Recreational Vehicles Brevard County Parking on developed residential lot allowed. No size limits specified. Fellsmere RV not exceeding 8 feet width and 25 feet length allowed. Hillsborough County RV not exceeding 20 feet length in front yard allowed. RV exceeding 20 feet length allowed only in side and rear yard. Indian River County Existing: RV not exceeding 32 feet length allowed. Proposed Jan. 2013: RV not exceeding 400 square feet (vehicle length x width) allowed. Lake County Allowed. No size limits specified. Manatee County Allowed. LDRs reference state definition of RV not exceeding 400 square feet y. vehicle length x width). Martin County Allowed. No size limits specified. RV exceeding 25 feet length must be parked in Z front. Sarasota County Allowed. No size limits specified. St. Lucie County Allowed. No size limits specified. Vn Vero Beach Allowed. No size limits specified W FAConununity Development\CurDev\Ordinances\2013\ParkingCommercial-RVVehicles.docx 00 a , A . � . Consideration of Limits on Size of Commercial Vehicles and Recreational Vehicles Parked in Residential Areas Board of County Commissioners March 19, 2013 • February 5, 2013 Meeting — BCC heard from Mr. Ron Heen — Directed staff to evaluate commercial vehicle regulations • Staff surveyed other local governments, analyzed regulations z was-�-1 • In 2008, county changed size limits on commercial vehicles parked in residential areas FROM 1 ton rated capacity TO 15,000 Ib gross vehicle weight 23 foot max length 9 foot max height • Focused on vehicle size/profile • Intended to accommodate home/work needs while preventing aesthetic nuisance 3 Ford F-250 Super Duty 3/4 ton a Ford F-350 - Super Duty 1 ton Ford F-450 Super Duty 1.25 ton a3�'-A • 2 N _ s Also added specific prohibition on certain types of commercial vehicles parked in residential areas, regardless of size -No bucket trucks, dump trucks, semi-tractors, semi-trailers, and other similar vehicles 6 .:;)38•A• 3 Mr. Heen wishes to continue parking at his residence a commercial box truck that is 20 feet long and 9 % feet high f TV r r r. x m �4 a t1 s a38 • A- 4 Chesapeake, Virginia 20 feet Fairfax County, Virginia 21 feet Indian River County 23 feet Durham, North Carolina 30 feet "Average" length: 23.5 feet 9 Chesapeake, Virginia 7 feet Fairfax County, Virginia 8 feet Manatee County, Florida 9 feet Indian River County 9 feet Durham, North Carolina 12 feet "Average" height: 9 feet 10 a32-A-5 Staff's conclusion • Existing 23 foot length limit and 9 foot height limit are reasonable • Raising height limit from 9 to 9 % feet accommodates Heen, not noticeable • True of most thresholds, accumulation of incremental amendments can result in noticeable changes Recreational Vehicles • Existing length limit 32 feet • Last fall directed to revisit/update • Proposed amendment "died" with outdoor vehicle storage lot proposal • BCC could revisit along with commercial vehicle height 12 a.38 A• 6 Staff surveyed RV regulations of other local governments • Most have no dimensional limits on RVs parked in residential areas • IRC's 32 foot limit appears out of date • Staff supports eliminating RV length limit 13 Recommendation Direct staff to initiate formal LDR amendment process to: •Change comm. vehicle height limit from 9 feet to 9% feet •Change/eliminate RV length limit 14 �3B ' �• 7 13t� ATTORNEY'S MATTERS: 3/19/13 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: and of County Commissioners FROM: ��Iiam K. DeBraal — Deputy County Attorney DATE: March 7, 2013 SUBJECT: Resolution Delegating to the County Administrator or Designee the Authority to Execute the County's Acceptance of Temporary Easements for Utilities which will Terminate when the Property is Platted Depicting Perpetual Easements When properties are being platted, developers cannot receive a Certificate of Completion on the subdivision until any required utility easements are dedicated to the County. The Code allows for developers to either (a) obtain a Certificate of Completion (which includes posting required warranty security at 25% of the approved cost) OR (b) post security to guarantee construction of required improvements at 125% of the approved cost prior to obtaining final plat approval. When developers wish to first obtain a Certificate of Completion, utility easements that would normally be dedicated on the face of the plat are required to be dedicated in a metes and bounds legal description. Because of the expense and time associated with procuring metes and bounds descriptions, standard practice has been for the developers to dedicate a temporary blanket easement for utilities over its property, thereby making the issuance of a certificate of completion possible when all other requirements are satisfied. Once a certificate of completion has been issued, the developer can then proceed to final plat approval at which point when the Board approves the plat and it is recorded, the perpetual utility easement will be given to the County by depiction on the plat and the temporary easement will then terminate. Acceptance by the County is required since the easement document contains express language that the easements will automatically terminate upon the recordation of the plat (which will dedicate perpetual utility easements on its face) without the necessity of any further action of either the developer or the County. .LVED FOR � � 3 t2.UZ .vG - I�LAAGEt�D,4 C0 UN TY ATTORNEY � ; So that development projects can proceed without undue delays by the County, and because this process is administrative in nature, it is in the best interest of the County and the public to streamline this process. For these reasons, presented herewith for consideration is a Resolution authorizing the County Administrator or his designee to execute the County's acceptance of standard temporary blanket easements for utilities so long as the document bears approval signatures of both the County Attorney or designee and the Utility Services Director or designee. Additionally, Section 101.05.1.q of the Code 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 the County's acceptance of standard temporary blanket easements for utilities so long as the document bears approval signatures of both the County Attorney or designee and the Utility Services Director or designee. nhm attachment: Resolution w. 2 240 r... 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 THE COUNTY'S ACCEPTANCE OF TEMPORARY EASEMENTS FOR UTILITIES WHICH WILL TERMINATE WHEN THE PROPERTY IS PLATTED DEPICTING PERPETUAL EASEMENTS. WHEREAS, the Code of Indian River County has provision for developers of subdivisions to either complete the required improvements and post required warranty security at 25% of the approved cost to obtain a certificate of completion; or, to post security to guarantee construction of required improvements at 125% of the approved cost, before proceeding to final plat approval; and WHEREAS, in instances where developers wish to obtain a certificate of completion prior to proceeding to final plat approval, utility easements that would normally be dedicated on the face of the plat would be required to be dedicated in a metes and bounds legal description; and WHEREAS, in the interest of time and expense, the County has allowed temporary blanket utility easements to be given which include express language that the easements will automatically terminate upon the recordation of the plat (which will 241 RESOLUTION NO. 2013- dedicate perpetual utility easements on its face) without the necessity of any further action of either the developer or the County; and WHEREAS, the temporary blanket easements for utilities require the acceptances by Indian River County; and WHEREAS, it is in the best interests of the County and the public to be able to provide review and acceptance of temporary blanket easements for utilities in an expeditious manner so that the project can proceed without undue delays; and WHEREAS, the acceptance (and execution) of standard temporary blanket easements for utilities 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 the County's acceptance of standard temporary blanket easements for utilities so long as the document bears approval signatures of both the County Attorney or designee and the Utility Services 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: ter.. 2 242 RESOLUTION NO. 2013- Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 19th day of March, 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 FQ AND EGALOF Icy 11X-k1 Vr JdILUAM K.DEBRAAL D c P UTY COUNTY ATTORNEY 3 243 Attorney's Matters-B.C.C. 03.19.13 v Off,C Of 05 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: March 13, 2013 SUBJECT: Frederick D. Mensing, III, and Rita F. Mensing v. Indian River County, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312010CA075009 and Frederick D. Mensing, III v. Indian River County, Robert Solari, Gary C. Wheeler, Wesley S. Davis, Peter D. O'Brian [sic], William G. Collins, II, Robert Keating, Christopher N. Kirrie, Christopher William Kirrie, and Robert Chester Kirrie, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312012CA000976 BACKGROUND. In 1888, the Fleming Grant Plat was recorded which showed certain strips located between or over 5 acre lots. Neither the purpose nor the dimensions of the strips are stated on the plat, although they appear to be for street or roadway purposes. In 1915, the A.A. Berry Plat was recorded which "subdivides or re- subdivides" a portion of the Fleming Grant Plat (including the portion where the Mensing lot is located). The A.A. Berry Plat did not show the strips. The existence of these strips has been debated for many years. In 1990, Fred Mensing ("Mensing") and his wife acquired title to Lot 15 in the subdivision. In the same year, he allegedly acquired title to the strips through a quit claim deed following a probate proceeding. APPROVED FOR MARCH 19, 2013 Indian River Co. oved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. Co.Atty. 3 �•t3 Budget 13 Department OUNTYATTORNEY Risk Management --- --- F-t4nom-'LindalGe..m1 B C CL4genda Afe—Wensing 05(Pending Cases).doc 244 Board of County Commissioners March 13, 2013 Page Two In 1994, the IRC Code Enforcement Board ("CEB") imposed a $2000 fine/lien on Mensing for code violations on Lot 15. In 2000, the CEB imposed a new $100 per day fine/lien for more violations on Lot 15. These fines/liens have never been satisfied. In 2000, Mensing and his wife gave a mortgage (the "2000 Mortgage") on Lot 15. The mortgage is superior in priority to the 2000 CEB, lien, but inferior to the 1994 CEB lien. In 2002, the County, acting through the current County Attorney who was then in private practice, filed suit against Mensing to foreclose the 1994 and 2000 CEB liens against the strips which Mensing allegedly acquired in 1990. The suit resulted in a settlement in which (a) Mr. Mensing transferred all strips to the County for $5000, except a strip which is adjacent to Lot 15 and then runs westerly for approximately 1320 feet (the "Subject Strip"), (b) Mensing agreed to clean up and fence in portions of Lot 15, (c) Mensing agreed to apply for annexation into the City of Sebastian, and (d) the County agreed to subordinate its 1994 and 2000 CEB liens to allow Mensing to refinance (through a reverse mortgage) the 2000 Mortgage. While the transfer of the strips did occur, Mensing did not clean up Lot 15, or perform other obligations of the settlement. Sometime between 2003 and 2008, Mensing requested that the County subordinate its CEB liens so he could try to refinance the 2000 Mortgage; however, the County refused because Mensing had not performed his obligations under the settlement. In 2008, the Board adopted Resolution 2008-043 which "expressly and formally" accepted the dedication (which was implied in the 1888 Fleming Grant Plat) of the Subject Strip as a public street or roadway. The resolution was adopted somewhat as a formality to provide "clear, satisfactory, and unequivocal evidence" of the public's acceptance of the dedication. Arguably, events which had occurred since the recording of the 1888 plat had already converted the strip to a public street or roadway. Also, separate and apart from the public issue, the strip was probably subject to a private easement in favor of lot owners who had purchased their lots in reliance upon the Fleming Grant Plat. Finally, the 1990 deed of Lot 15 to Mensing had itself reserved a 20 foot strip along the northwesterly side of Lot 15 for "public and private roads." In 2008, an action to foreclose the 2000 Mortgage was filed, which resulted in a final judgment of foreclosure in 2010. The foreclosure sale has been delayed by appeals and bankruptcies. Meanwhile, in 2009, the CEB, imposed another$100 per day fine/lien for code violations, and in 2010, the IRC Environmental Control Hearing Board imposed a $50 per day fine/lien for environmental violations. These fines/liens have also never been satisfied. Mensing has recently approached the County stating that he once again desires to refinance the 2000 Mortgage by obtaining a new reverse mortgage. He has produced materials stating the reverse mortgage rules are changing for applications filed after April 1, 2013, and he has produced a letter from a reverse mortgage consultant stating that Mensing cannot obtain a reverse mortgage unless (a) he resolves the fact that certain structures apparently intended to be included in the reverse mortgage are located wholly or partially within the Subject Strip, and are therefore "encumbered" by Resolution 2008-043, and (b) he pays or otherwise satisfies the CEB and environmental fines/liens. FA*—yVL d.1G-e,.11BCC,4genda A9emosUf1-in9 05(Pending C-e,).dm- 245 Board of County Commissioners March 13, 2013 -- Page Three This raises the questions of whether the Board is willing to revoke all or part of Resolution 2008-043, or do anything with respect to the fines/liens, as part of a settlement of the lawsuits above DISCUSSION/ANALYSIS. As stated, Resolution 2008-043 was adopted somewhat as a formality. Based on events which had occurred since 1888, based on the private easement in favor of other lot owners, and based on the 20 foot public and private road easement in Mensing's 1990 deed (which matched up with the County's 20 foot easement over the adjoining Lot 19), it is arguable that Resolution 2008-043 was duplicative and not necessary. While the County Attorney is confident that Resolution 2008-043 is legally valid, the County Attorney is not opposed to a revocation of the resolution as to that part of the Subject Strip which is adjacent to Mensing's Lot 15, if it will result in a conclusion to the lawsuits listed above. Thus, the County Attorney would recommend that the Board revoke Resolution 2008-043 as it relates to that portion of the Subject Strip which is adjacent to Mensing's Lot 15, on the condition that (a)the revocation would take place only in conjunction with an actual reverse mortgage closing, and (b) Mensing would deliver a general release and stipulation of dismissal with prejudice, thereby bringing the litigation and any other claims to an end. As for the CEB and environmental liens, reverse mortgage regulations apparently require that they be paid off—at least, that is what is stated in the reverse mortgage consultant's letter. Thus, it is up to Mensing to either pay them off, or offer to pay a reduced amount in connection with correction of the violations (to the best of the County Attorney's knowledge, the violations still exist). The County Attorney does note that the County cannot foreclose the liens against Lot 15, because it is Mensing's homestead. Also, if the reverse mortgage refinances the 2000 Mortgage, it is likely that the reverse mortgage would have the same priority as the 2000 Mortgage—meaning that the reverse mortgage would still have priority over the 2000 and 2009 CEB liens and the 2010 environmental lien. The County Attorney is not opposed to delivering a letter to a reverse mortgage lender stating these matters, subject to the same conditions set forth above — namely, that the letter would be delivered only in conjunction with an actual loan closing, and Mensing would deliver a general release and stipulation of dismissal with prejudice of the lawsuits. Several final matters should be noted. First, while Mensing and the reverse mortgage consultant are focused on Resolution 2008-043 and the CEB and environmental liens, the County Attorney believes that there are numerous other obstacles, unrelated to the resolution and the liens, which will make it very difficult, if not impossible, for Mensing to obtain a reverse mortgage. Not the least of these is the 20 foot strip along the northwesterly side of Lot 15 for "public and private roads,"which was reserved in the 1990 deed when Mensing acquired the property, and the code and environmental violations which continue to exist on the property. F:L4-,nerDndalGen—I B C CAgenda,i9emosafensing 05(Pending Cases).doc 246 Board of County Commissioners March 13, 2013 Page Four Second, if the Board should revoke Resolution 2008-043 as it relates to the portion of the Subject Strip adjacent to Mensing's Lot 15, the action would impact only the resolution. The action would have no effect on other events which had occurred since 1888, on the private easement in favor of other lot owners, and on the 20 foot public and private road easement in Mensing's 1990 deed. In short, the County would not be giving up all rights to the Subject Strip; the County would be giving up only those rights which are based on the resolution. Finally, the Board should be aware that Mensing's neighbor to the west who owns Lot 16 has threatened to sue the County if it revokes Resolution 2008-043. However, while the neighbor can certainly sue if he chooses, the County Attorney is confident that the suit would be without merit. The Subject Strip adjacent to Lot 16 would remain unchanged, Lot 16 has direct ingress and egress via 129th Street and, as part of the settlement of the 2002 lawsuit with Mensing, the County also settled with the neighbor (who was a party to the lawsuit as well) in a mariner which recognized that ingress and egress for Lot 16 (and other lots owned by the neighbor) would be via 129th Street. Finally, the neighbor would probably still have private easement rights under the 1888 plat and the 1990 deed. Thus, the neighbor would not be adversely affected by a partial revocation of Resolution 2008-043. RECOMMENDATION. ,low The County Attorney recommends that the Board revoke Resolution 2008-043 as it relates to that portion of the Subject Strip adjacent to Lot 15, and authorize the County Attorney to deliver a letter stating the homestead and reverse mortgage priority matters set forth above, on the condition that (a) the revocation and letter would take effect only in conjunction with an actual reverse mortgage closing, and (b) Mensing would deliver a general release and stipulation of dismissal with prejudice, thereby bringing the litigation and any other claims to an end. ASP:LAC FC CL4gend.MemonM1—ing 05(Pending C...s).d- 247 Attorney's Matters-B.C.C. 03.19.13 v 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 Attorne��� DATE: March 13, 2013 SUBJECT: Proposed Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges Permission to Advertise for Public Hearing BACKGROUND. On March 5, 2013, the Board of County Commissioners voted to establish an amnesty program for delinquency charges, upon payment in full of underlying service availability charges. Specifically, section 201.08(B) of the Code of Indian River County (the "Code") requires that service availability charges be paid on each water and sewer ERU reserved for future use. The purpose of the service availability charge is to recover the cost to the County of maintaining and repairing the capacity in the water/sewer system which is reserved for the ERU. Section 201.08(J)(4) of the Code requires that a delinquency charge of $2, plus one and one-half percent (1.5%) be imposed monthly on unpaid fees and charges, including unpaid service availability charges. On February 14, 2012, the Board adopted an ordinance establishing an amnesty program for delinquency charges, upon payment in full of underlying service availability charges which were (1) based on ERUs reserved for future use and for which there had been no past or present use or consumption, and (2) were unpaid as of February 14, 2012. The amnesty period ran from February 14, 2012 until March 31, 2012. INDIAN RIVER CO. APPROVED DATE APPROVED FOR MARCH 19, 2013 Administration B.C.C. MEETING—CO LINTY ATTORNEY'S MATTERS County Attorney3 3 r3 // Budget Utilities Dept. COUNTYATTORNEY Risk Management - --- 248 Board of County Commissioners March 13, 2013 Page 2 of 2 On March 5, 2013, the Board voted to establish a new amnesty program similar to the first, but running for a longer period of time. Specifically, the Board voted to establish a four month amnesty program, with the four month period beginning 30 days after adoption of the ordinance. When the County Attorney began drafting the ordinance, however, an unintended consequence was discovered— namely, that if a real estate transaction requiring payment of service availability and delinquency charges was pending at or before the date of adoption of the ordinance, the parties would have to wait 30 days before the amnesty program opened and the charges could be paid - which could delay closing of the trans- action. To avoid this, the County Attorney drafted the proposed ordinance with a five month amnesty program, starting from the date of adoption of the ordinance. Obviously, the Board can change this if it prefers the four month program with a one month delay in implementation. RECOMMENDATION. The County Attorney recommends that the Board review the attached proposed ordinance, make any changes that it wants, and authorize the County Attorney's Office to advertise the ordinance for public hearing and adoption on April 2, 2013. ATTACHMENT(S). Proposed Ordinance ASP:LAC Attachment(s) as noted R l41torneylLindalGEA'ERALB C Cl4genda dfentwlUtilities(4ntnesN Program)O/.doc 249 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08(.1)(4) OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING AN AMNESTY PROGRAM RELATING TO DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the "Code") requires that service availability charges be imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability Charges"); and WHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge delinquency charges on all outstanding balances, including outstanding balances of Service Availability Charges; and WHEREAS, there is currently a significant outstanding balance of Service Availability Charges upon which delinquency charges are accruing — namely, those which are based upon ERUs reserved for future use, but for which there has been no past or present use or consumption ,.,,. of water or sewer services ("Reserved ERU Service Availability Charges"); and WHEREAS, payment of Reserved ERU Service Availability Charges is important to the financial well-being of the County's water and sewer system, because such charges reimburse the County for its expense in maintaining the infrastructure built to provide capacity for reserved ERUs; and WHEREAS, the creation of an amnesty program which, for a limited period of time, waives delinquency charges upon the payment in full of outstanding Reserved ERU Service Availability Charges will serve the public interest by encouraging the payment of such charges, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. 1 250 ORDINANCE NO. 2013 - Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Section 3. Amendment of Section 201.080(4) of the Code. Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by sfir-iledireugh): "(4) Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half(1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively "underlying charges") if payment is not made in full by each payment deadline date; provided, however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of April 2, 2013 F e''m14, 2012, such delinquency charges shall be waived if the unpaid service availability charges are paid in full at any time between April 2, 2013 F eb"^'^'^' 14, ""'' and August 31, 2013 1 1 c�i —1-�' 012 This ` shall inelude delinquencychar--gest as set feAh In Res6lutio 4." 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. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 2 251 ORDINANCE NO. 2013 - Section 6. 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 day of , 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court And Comptroller Approved as to form and legal sufficiency: By: Deputy Clerk Alan S. Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of 2013. 3 252 / ?� L Attorney's Matters-B.CC 03.19.13 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 n FROM: Alan S. Polackwich, Sr., County Attorne� l: DATE: March 14, 2013 SUBJECT: Cobblestone—Cancellation of Tax Deed BACKGROUND. As the Board knows from discussions at prior meetings, the original surveyor of the Cobblestone subdivision made an error which resulted in a separate tax parcel being created between the Cobblestone subdivision and the 51St Avenue neighborhood to the east. When taxes were not paid on the parcel, a tax deed sale was held in November 2011, resulting in a tax deed being issued to Patience Anderson-Thomas. This tax deed created title problems, first for residents of the 51St Avenue neighborhood, and eventually for residents along the east side of the Cobblestone subdivision. The surveying error was discovered in 2012, and the Board asked the County Attorney to work with the residents and title companies to try to resolve the title problems. Eventually, the Cobblestone surveyor (who had moved out of state) was found, and he recorded an affidavit correcting the error. Based on the affidavit, the Property Appraiser eliminated the property as a separate tax parcel, and removed it from the tax rolls. At that point, the County Attorney worked with the attorney for Ms. Anderson- Thomas, and an agreement was reached that she would cancel the tax deed in exchange for re-payment of the amount she had paid for the deed ($4,979.30), plus interest at 4.75% ($309.97) and attorney's fees ($1,000) —which came to a total of$6,289.271 A title insurance company has agreed to reimburse $2,000 of this amount to the County. Indian River Co. Approved Date APPROVED FOR MARCH 19, 2013 Admin 1q//5 B.C.C. MEETING—ATTORNEY'S MATTERS Co.Atty. 3 t`fi '!-z- �^ Budget 1§7 14713 Dept. -- COUNTYATTORNEY Risk Mgr. --- --- I Payment of this amount was authorized by the County Administrator F L4jtmgkLind.IGENER.4L1B CCWgenda Ake kCobbkv-01.d- 253 Board of County Commissioners March 14, 2013 Page Two To ensure that the title problems were permanently eliminated, the County Attorney, with the agreement of Ms. Anderson-Thomas and her attorney, also filed a"friendly" lawsuit, which resulted in a final judgment cancelling the tax deed — thus, the cancellation of the deed is accomplished through both the instrument signed by Ms. Anderson-Thomas, and the final judgment. Attached is a copy of the cancellation instrument signed by Ms. Anderson-Thomas, which must now be signed by the County before the document can be recorded. The County Attorney would like to publicly state his appreciation to Ms. Anderson-Thomas and her attorney, Garry Rooney, without whose cooperation this simplified method of resolving the problem would not have been possible. RECOMMENDATION. The County Attorney recommends that the Board approve the attached cancellation instrument, and authorize the Chairman to sign it on behalf of the Board. ATTACHMENT. Release and Cancellation of Tax Deed ASP:LAC FU4YI— lLindaIGENERiLO CCb4gendaAlemos%CobblestoneOLd- 254 rormerly Tax Parcel ID#32.39-09-00W2-0120-00007.0 Instrument prepared by&should be returned to: Indian River CountyAttomey's Dice 1801 22th Street, Vero Beach,FL MW RELEASE CANCELLATION AND TERMINATION OF TAX DEED THIS RELEASE, CANCELLATION AND TERMINATION OF TAX DEED is made as of this 14th day of March, 2013, between PATIENCE ANDERSON-THOMAS, whose address is 6443 53rd Circle, Vero Beach, FL 32967 ("THOMAS"), INDIAN RIVER COUNTY, a political subdivision of the State of Florida C"COUNTY") and JEFFREY R. SMITH, CLERK OF THE CIRCUIT COURT C"CLERK"). WHEREAS, on November 22, 2011, the CLERK, as grantor on behalf of the COUNTY, executed and recorded a Tax Deed in favor of THOMAS, as grantee, to the following real property: See legal description in the copy of the Tax Deed, recorded at OR Book 2537, Page 729, Public Records of Indian River County,Florida, attached hereto as Exhibit A("Property"); and WHEREAS, the parties, being all parties in interest with respect to the Tax Deed, have determined and agree that the Tax Deed was issued as a result of a surveying error which has since been corrected; the PROPERTY was assessed ad valorem taxes solely as a result of the surveying error; and, under these circumstances, the Tax Deed should be released, cancelled and terminated, as set forth herein. NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree,as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Release, Cancellation and Termination of Tax Deed. Based upon t1he above referenced errors, the parties agree that the Tax Deed, together with any right, title or interest of Thomas arising out of or relating to the Tax Deed, is hereby released, cancelled and terminated, and declared by the parties to be void ab initio. 3. Circuit Court Final Judgllnent. This Release, Cancellation and Termination of Tax Deed instrument is executed and recorded by the parties in connection with the final judgment entered in that certain civil action: Indian River County and Jeffrey R. Smith, Clerk of Court v. Patience Anderson-Thomas, in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County,Florida,Case No. 312013 CA 000115 C"Final Judgment"). 4. Refund of Consideration Paid by Thomas for Tax Deed. In consideration of �— Thomas' agreement to release, cancel and terminate the Tax Deed, the County shall pay to Thomas the 255 sum of$6,205.07, consisting of the amount paid by Thomas for the Tax Deed, interest on such amount at the statutory rate of 4.75%, and attorney's fees. Such amount shall be paid to Thomas upon (a) execution and recording of this Release,Cancellation and Termination of Tax-Deed instrument,and(b) entry and recording of the Final Judgment. Signed in the presence a following witnesses: Si Print: Sign: By: Print: 90Wof ►� atience Andersson-Thomas STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of M 0_rO, , 2013, by Patience Anderson-Thomas. She is personally known to me or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PtlnL}C-STATE OF FLORIDA Jessica Mazan $,-Commission#EE092354 Expires; MAY 10,2415 Anted name: aoxu" vAn-VMC aornv,cco.,xxe. Commission No: r f 0 q Z3S Commission Expiration Date: m G� 10,Zo)S ATTEST: Jeffrey R. Smith,Clerk of Circuit INDIAN RIVER COUNTY Court and Comptroller By: By: -- Deputy Clerk Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: Approved as to form and legal sufficiency. By: f Aldi_S_.,Polackwich, Sr.,County Attorney c:u w av oan zwcww�cr�von�»na FAe40U(FFA3MW=0 crm nxa a 2 256 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2013, by Joseph E. Flescher, Chairman of the Board of County Commissioners.of Indian River County, a political subdivision of the State of Florida, who is personally known to me or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Printed name: Commission No: Commission Expiration Date: Signed in the presence of the following: JEFFREY R. SMITH, CLERK OF CIRCUIT witnesses: COURT,INDIAN RIVER COUNTY Sign: Print: Jeffrey R. Smith Sign: Print: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2013, by Jeffrey R. Smith, Clerk of Circuit Court, Indian River County. He is personally known to me or has produced as identification. NOTARY PUBLIC,STATE OF FLORIDA Printed name: Commission No: Commission Expiration Date: CU3.ds1�me1A6DDmV,oaRMiabsaMWipdnxslTemporvy EMceaU RkdDLKPFA31Rdcasa(Tax Doalldocx3 3 257 March 19, 2013 ITEM 14.6.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 13, 2013 SUBJECT: Operation of Golf Carts in Roseland FROM: Wesley S. Davis Commissioner, District 1 1 kindly request your consideration for a discussion concerning the attached email from Mr. Wayne Hall regarding the operation of golf carts in Roseland. Also attached is a response from Bill DeBraal, Deputy County Attorney regarding same. WSD:mlp Attachments (2) F:\BCCWgenda Items\2013\Davis\Go1f Carts in Roseland.doc 258 Misty Pursel From: Wayne [230kts@bellsouth.net] nt: Sunday, March 10, 2013 7:53 PM I-ftmw: Wesley S. Davis Subject: Golf Carts Roseland Greetings Wesley 03-10-2013 1 just wanted to drop you a line for the possibility of making the Roseland area a golf cart friendly neighborhood. Let me know what you need to in this matter. Just to let you know my Grandaughter won best in Junior showmanship. We're pretty excited. Thanks again Wayne Hall 12755 80 AV Roseland 1 259 Misty Pursel From: Wesley S. Davis bject: FW: Golf Carts Roseland From: Bill Debraal Sent: Tuesday, March 12, 2013 10:32 AM To: Wesley S. Davis Cc: Bob Keating; Nancy Mossali; Alan Polackwich; Stan Boling; Joe Baird Subject: RE: Golf Carts Roseland Commissioner Davis: Yes, if the Commission so desires, they can designate "golf cart friendly" areas where it is lawful to use a golf cart just as you would a car on public streets. An ordinance is required. Here is FS 316.212 in part: 316.212 Operation of golf carts on certain roadways.—The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or eet. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. I believe we discussed this issue once before when some of the Roseland residents used their golf carts to take their trash to the convenience center off of Roseland Road. If I recall correctly, due to the low number of trash hauling golf carts, at the time we did not think an ordinace was needed. The City of Vero Beach designated the area around Riomar Golf Course as"Golf Cart Friendly" passed the required ordinance and posted the required signs. Bill DeBraal Deputy County Attorney 772-226-1426 1 260 ITEM 14.C.1 �... March 19, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 12, 2013 SUBJECT: Proposed Broadband Legislation — HB 355 / SB 756 FROM: Peter D. O'Bryan, Commissioner District 4 1 would like to request the Board to consider sending letters of support of the Proposed Broadband Legislation HB 355/SB 756 utilizing unused capacity in the Florida Department of Transportation's communication networks for the public good. Attachment: Overview of Proposed Broadband Legislation Sample Letters of Support — House and Senate Version 261 HB 355/SB ■ r TO F y r ` ` ■ • TRANSPORTATION 5, V"15y'i i 'tea, a- ^' "" �R' .� �00� 4 UTILIZING'UNUSED CAPACITI l.hl THiE FLORIDA � � D)tFRTMENT OF TRAIUSROAl RTATIC3N' COMMUNICATION r e xar ! n �sta edtber I�ETI1f�lJORTHEPSLICGOODe �e � zi e5 h b S f}L�lat Representative Gayle Harrell and Senator Denise Grimsley have filed � fa )r, an p", c flo ,'" s� ¢•• f HB 355/SB 756, requiring the Florida Department of Transportation (FDOT) to adopt rules governing use of the department's unused u t, capacity in the communication networks for non-transportation purpose, o de �s in accordance with U.S.C. Title 23, Section 1.23 (c)and the most to atxo�aygs recently policy guidelines released by the FHA. 0 BACKGROUND The Intelligent Traffic System (ITS) Network is comprised of two separate components: 1) the"Statewide ITS Wide Area Network(WAN)" -I s D - managed by the FDOT is the fiber backbone along major corridors erg r% erous (interstate highways and Florida Turnpike and the local ITS fiber and �c e he ccesstc� eava�Tabte equipment managed by City/County Traffic Engineering Departments— xi rIhan. � this portion of the ITS network is installed along the local secondary � '� S � roads. 0 i a T-- er tnstlted i a a rn; NCoinA +QWd safe For several years, the South Florida Shared Fiber Initiative has 'tf�e"t'a payerstt�+o�����$�.�r`rtiJ�#�on nEhudget �•- attempted to more fully utilize ITS fiber to expand the reach of locale alo e ul3"to cost save n s government's networks. Efforts were previously thwarted by FDOT's r� � � v v M INg r you also e I eyang interpretation that current law prohibits non-transportation �Pfa9m related uses of the ITS network, which has since been revisited. of SIrC BENEFITS �� t �C4�` dtoarTS ■ Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. sib five co mu ilres ■ The United States lags far behind most first world countries in t a „ n #� d he�r.ownhl�h broadband network deployment. # � ■ Access to unused capacity, on a statewide level, represents a , ._e or ... Il s1�a'�pr�gress ' � J0� ��ndoals dramatic opportunity to fully utilize critical infrastructure (already paid77 ar�f' w�t�h eeonorn�a for by primarily federal dollars) at great taxpayer relief, while at the T� same time presenting an opportunity for FDOT to potentially gain flava op int ancrea��onn (hose eas l- 'r tate and local , access to local fiber optic networks, increasing efficiency. v 2nst a�en ■ The Florida Association of Counties, Florida League of Cities � °� Y h Y and other local governments,such as Martin and Palm Beach ° °� #� etrvze counties, strongly support this legislation. k anvestmentnbroadbpnd ■ Access to the available network capacity on a statewide level would infrastructure,remove barners;to save the taxpayers millions. br'oadbandbu�)d ou#4 pnd ensure i; ■ Shared uses of government networks will foster innovation, enabling wiggprear access#o ugh speed. community-serving entities to do their work more effectively for the ne#wo�ls STATEIVIENTFROM , , benefit of the community as a whole while reducing FCCC'A�IRMANIULI(15 telecommunication costs. °GEIYACI��WS 07011 �RDPOSED MUXr pAI BROA'DBA'VD hEGISiA'TlON,February 15,201.3 f SAMPLE LETTER OF SUPPORT (as of 3/4/13) - SENATE VERSION MONTH DAY 2013 Honorable Senator Jeff Brandes, Chair Senate Transportation Committee 404 South Monroe Street Tallahassee, FL 3 23 99-1100 Dear Senator Brandes: On behalf of the (MUNICIPALITY/COUNTY/ORGANIZATION), I would like to express our support of SB 756 by Senator Denise Grimsley, requiring the Florida Department of Transportation (FDOT) to adopt rules governing use of the department's unused capacity in the communication networks for non-transportation purpose, in accordance with U.S.C. Title 23, Section 1.23 (c) and the most recently policy guidelines released by the FHA. Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. The United States lags far behind most first world countries in broadband network deployment. This is an important statewide issue given the vast inventory of ITS fiber networks installed in cities and counties throughout Florida. Access to unused capacity, on a statewide level, represents a dramatic opportunity to fully utilize critical infrastructure (already paid for by primarily federal dollars) at great taxpayer relief, while at the same time presenting an opportunity for FDOT to potentially gain access to local fiber optic networks, increasing efficiency. Shared uses of government networks will foster innovation, enabling public entities to do their work more effectively for the benefit of the community as a whole while reducing telecommunication costs. We join other local governments in supporting this legislation and the millions it will save the taxpayers of the State of Florida and our residents. We respectfully request that you place this item on the agenda of the Transportation Committee and support this legislation. Sincerely, Mayor/Chair of Municipality/County 263 SAMPLE LETTER OF SUPPORT (as of 3/4/13) — HOUSE VERSION MONTH DAY, 2013 Honorable Representative Daniel Davis, Chair House Transportation& Highway Safety Subcommittee 402 S. Monroe Street Tallahassee, FL 32399-1300 Dear Representative Davis: On behalf of the (MUNICIPALITY/COUNTY/ORGANIZATION), I would like to express our support of HB 355 by Representative Gayle Harrell, requiring the Florida Department of Transportation(FDOT) to adopt rules governing use of the department's unused capacity in the communication networks for non-transportation purpose, in accordance with U.S.C. Title 23, Section 1.23 (c) and the most recently policy guidelines released by the FHA. Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. The United States lags far behind most first world countries in broadband network deployment. This is an important statewide issue given the vast inventory of ITS fiber networks installed in cities and counties throughout Florida. Access to unused capacity, on a statewide level, represents a dramatic opportunity to fully utilize critical infrastructure (already paid for by primarily federal dollars) at great taxpayer relief, while at the same time presenting an opportunity for FDOT to potentially gain access to local fiber optic networks, increasing efficiency. Shared uses of government networks will foster innovation, enabling public entities to do their work more effectively for the benefit of the community as a whole while reducing telecommunication costs. We join other local governments in supporting this legislation and the millions it will save the taxpayers of the State of Florida and our residents. We respectfully request that you place this item on the agenda of the Transportation& Highway Safety Subcommittee and support this legislation. Sincerely, Mayor/Chair of Municipality/County 264 INDIAN RIVER COUNTYAF SOLID WASTE DISPOSAL DISTRICT ice' BOARD MEMORANDUM Date: March 11, 2013 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, P.E., Director of Utility ServicesC'*\OA ter' From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Fir^ Subject: Release of Retainage&Final Pay to Comanco Environmental Corporation (Bid No. 2012025) BACKGROUND: On April 10, 2012, the Solid Waste Disposal District (SWDD) Board approved the award of Bid No. 20012025 to Comanco Environmental Corporation (Comanco) in the amount of $3,247,500.00 with a contingency allowance of$614,500.00 to not exceed the total project cost of$3,862,000.00 for Phase 2 construction of Cell 1 of Segment 3 Expansion. The project schedule included 180 calendar days to achieve substantial completion and 270 calendar days to achieve final completion. Engineering and construction support services were provided by Geosyntec Consultants (Geosyntec) in accordance with the approved Work Order No. 4. ANALYSIS: Comanco was issued a notice to proceed on May 21, 2012 and was authorized an additional 41 days to complete the project based on actual field conditions, additional work, and excessive rainfall. The project was completed on schedule with a substantial completion issued by Geosyntec on January 14, 2013 and a final completion issued on February 13, 2013. The original contract amount to Comanco was $3,247,500.00 which was based on the estimated material quantities on the bid form and their respective unit prices. However, the actual quantities for several line items were either higher or lower than those estimated on the bid form which resulted in a total credit issued by Comanco in the amount of $95,151.09. Similarly, approved work using the contingency funding resulted in additional charges in the amount of $344,916.51 for a net change order of$249,765.42 and a final contract value of$3,497,265.42. Comanco utilized 40.6% of the total contingency fund of $614,500.00 allocated for the project leaving $364,734.58 remaining in the contingency fund. Geosyntec has provided a recommendation letter for release of retainage and final payment to Comanco in the amount of $240,648.74 which includes the held retainage of $171,400.85. Staff concurs and recommends the final payment including the release of retainage to Comanco in the �., amount of$240,648.74. SWDD Agenda-Final Pay to Comanco-Cell 1 Segment 3 project Page—1— 265 ADDITIONAL WORK: In the original Work Order No. 4, Geosyntec was authorized to prepare design and construction drawings to make enhancements to improve drainage of the new access road to the top of the landfill. On December 8, 2012, the Board authorized Work Order No. 6 to Geosyntec which included a task for construction support services for these drainage enhancements and anticipated utilizing the Board approved contingency funds to have Comanco install a Flexmat drainage feature along the road. A bid was requested from Comanco; however, it exceeded the engineer's estimate. Staff is requesting the Board to keep the contingency funds available in order to complete this work in a timely manner under a separate authorization. ACCOUNT INFORMATION: Funding for the Landfill Segment 3 Cell 1 Phase 2 lateral expansion project is budgeted and available in the SWDD landfill account WIP number which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT NO. AMOUNT Phase 2 Cell 1 Segment 3 Landfill Expansion Project 411-169000-10009 $240,648.74 RECOMMENDATION: SWDD staff recommends its Board approve the following: 1. The final payment including the release of retainage to Comanco Environmental Corporation in the amount of $240,648.74 for the Phase 2 construction of Cell 1 of Segment 3 Expansion in accordance with Bid No. 2012025. 2. Authorize the use of the remaining contingency funds in the amount of $364,734.58 to be allocated in a separate project for the drainage enhancements of the landfill access road. ATTACHMENTS: 1) Final Payment Recommendation Letter from Geosyntec APPROVED FOR AGENDA: Indian River Co. Approved Date v By: Administration /f oseph . Baird, County Administrator Budget Legal r (� •(3 Date SWDD SWDD Cru t C41 V 16It�l3 266 SWDD Agenda-Final Pay to Comanco-Cell 1 Segment 3 project Paee—2— Geosyntec (" 1200 Riverplace Blvd,Suite 710 Jacksonville,Florida 32207 consultants PH 904.858-1818 FAX 904.396-1143 ®wr www.geosyntec.com MEMORANDUM Date: 8 March 2013 To: Himanshu Mehta, P.E., SWDD, Indian River County Landfill From: Rutuparna Joshi, E.I., Geosyntec Consultants Kwasi Badu-Tweneboah, Ph.D., P.E., Geosyntec Consultants Subject: Review of Payment Application# 10 (Final Payment Application with Release of Retainage) Phase 2 - Cell 1 Construction Class I Landfill Segment 3 Expansion Indian River County Landfill, Vero Beach, Florida Geosyntec Project: FL2054 Geosyntec Consultants (Geosyntec) has prepared this memorandum to provide a review of the Payment Application # 10 (Invoice #12989), dated 4 February 2013, submitted by Comanco Environmental Corporation (Comanco) on 4 February 2013 for the Phase 2—Cell 1 Construction Class I Landfill — Segment 3 Expansion Project (the Project) at the Indian River County (IRC) Landfill facility in Vero Beach, Florida. This memorandum, initially prepared on 14 February 2013, has been revised to include construction schedule and delays in response to your request to submit this Payment Application to the SWDD Board for close-out of the Project. INTRODUCTION This invoice is for the period through 31 January 2013. Geosyntec has reviewed this invoice as a part of provision of engineering and construction support services for the Project in accordance with approved Work Order No. 4 to Geosyntec. The invoice is evaluated based on the Construction Quality Assurance (CQA) activities performed by Geosyntec personnel in accordance with the CQA Plan through the month of January 2013, submittals provided by Comanco during January 2013, and additional telephone conversations between Mr. Gary Easlick, Mr. Himanshu Mehta, P.E., both of SWDD, and Dr. Kwasi Badu-Tweneboah, P.E. and Mr. Rutuparna Joshi, E.I. of Geosyntec. Further, Geosyntec performed site visits on 9-10 and 14 January 2013 to assess construction progress. In addition, Geosyntec personnel verified completion of work represented by this Payment Application. Our review is based on above referenced site visits, CQA activities and telephone conversations. INVOICE REVIEW Comanco has requested payment for the following items: 267 Review of Payment Application#10 8 March 2013 Page 2 ° - 1. Item 1 — Mobilization and Demobilization: 45% of $85,000 = $38,250. Comanco is requesting payment for the remaining 45% of the amount for this item. Comanco has completely demobilized from the site. The work for this item is complete and conforms to Part 1.03A of Specification Section 01025. This therefore completes work on this item. 2. Item 2 — Surveying and As-built Drawings: 10% of $15,000 = $1,500. Comanco is requesting payment for the remaining 10% of the amount for this item. Comanco has submitted the as-built drawings for the project to Geosyntec. The work for this item is complete and conforms to Part 1.0313 of Specification Section 01025. This therefore completes work on this item. 3. Item 27K — Electrical, Control Panel, Grounding and Li hg tning Protection: 67% of $9,000 = $6,030. Comanco is requesting payment for the remaining 67% of the amount for this item. The work for this item is complete and conforms to Part 1.03K of Specification Section 01025. This therefore completes work on this item. 4. Item 28A —2"/4" dia. SDR-17 HDPE Leachate Transfer Pipe: 67 if at $85/If= $5,695. The work for this item is completed and conforms to Part 1.03L of Specification Section 01025. The estimated quantity for this item was 40 if and the actual quantity is 147 If. This is due to the fact that for Item 28B, 4"/6" dia. pipe was replaced by a 2"/4" pipe after performing design modifications. Therefore item 28B was not charged and the quantity was moved to this item i.e. 28A. In addition, the alignment of the pipe was slightly modified due to the redesign associated with relocation of the box culvert. This redesign resulted in additional pipe length. The adjustment in the total amount for this item has been included in Change Order #1032. This therefore completes work on this item. 5. Item 29 — Regrading; Perimeter Ditch North of Se mg ent 2: 245 if at $ 7.00/cy = $1,715. Geosyntec had estimated the quantity for this item as 300 If The actual quantity based on surveying performed by Comanco was 245 If Comanco is requesting payment in the amount of$1,715 which is less (by $385) than the quantity estimated on the bid form. The adjustment in the total amount for this item due to reduction in the actual quantity has been included in Change Order#1032. The work for this item is completed and conforms to Part 1.03M of Specification Section 01025. This therefore completes work on this item. 268 Review of Payment Application#10 8 March 2013 Page 3 �- Further, Comanco has requested payment for the following change orders: CR 1026 Electrical Work: 67% of $23,967 = $16,057.89. Comanco is requesting payment for the remaining 67% of the amount for this item. The work for this change order was triggered by the absence of an electrical connection on south of the site access road. Geosyntec had assessed an existing electrical connection at the old flare location. However, this connection was already removed during the flare relocation project in Spring 2012. This change order was issued to account for surveying by electrical subcontractor, 2 directional borings for the electrical and telephone lines under the site access road and work associated with running electrical conduits from the cell control panel to the flare station control panel. The work for this change order has been completed. Geosyntec considers this change order reasonable and recommends for approval. The reviewed change order request is included as an attachment to this invoice review. The work for this Change Order is complete. CR 1032 (included in line Items 28A, 28B and 29 in this invoice) — Quantity Adjustments: Comanco has submitted Change Order 1032 in the amount of$610. The change order is based on quantity adjustments as described above for the respective line items. Geosyntec considers this change order reasonable and recommends for approval. The reviewed change order request is included as an attachment to this invoice review. The work for this Change Order is complete. CREDIT ISSUED TO THE COUNTY The original contract amount for the project was $3,247,500. This amount was calculated based on the estimated material quantities on the bid form and their corresponding unit prices. However, the actual quantities for several line items based on surveying by Comanco were either higher than or lower than those estimated on the bid form. For the items with the actual quantities based on surveying lower than those estimated on the bid form, Comanco issued a credit to the County. The credit issued to the County reflects the overestimation of quantities on the bid form. Based on summation of the amounts for the overestimated items, the total amount credited to the County as a part of this invoice was $91,851.09. With addition of the previously issued credit of$3,300.00, the total credit to date issued to the County was $95,151.09. RECOMMENDATION FOR PAYMENT Therefore, taking into account the pay items and the change order, the total invoice amount to date is $3,497,265.42, which is 100 percent of the project total contract amount of $3,497,265.42. This contract amount includes all change orders to date ($344,916.51) and credit issued to the County ($95,151.09) adding to $249,765.42. Comanco is requesting payment in the 269 Review of Payment Application# 10 8 March 2013 Page 4 ., amount of $240,648.74 including all of the held retainage ($171,400.85). The amount of contingency funds utilized to date under change orders and including the credit issued to the County is $249,765.42 which is about 40.6 percent of the total contingency fund of$614,500. Based on the above review, the quantities and the invoiced amounts appear to be accurate and acceptable within the terms of the contract, and therefore, the invoice amount of$240,648.74 is justified and recommended to be approved for payment. We will send hard copies of the original Payment Application# 10 to SWDD and Comanco by U.S. Mail. CONSTRUCTION SCHEDULE ADJUSTMENTS The Notice to Proceed (NTP) for the construction of the Project was issued to Comanco on 21 May 2012. Per the contract awarded to Comanco, the Project was anticipated to reach substantial completion by 17 November 2012 (i.e. 180 calendar days) and final completion by 17 December 2012 (i.e. 210 calendar days). Because of changes in the actual field conditions than originally anticipated in the construction project, additional work requested by SWDD, enhancements and modifications approved by the Engineer, and multiple delays caused by excessive rainfall, multiple change orders were submitted by the Contractor that resulted in a longer than anticipated construction schedule for completion of the Project. A total of 41 days was added to the construction schedule: (i) 28 days for change order work (including relocation of the reinforced concrete box culvert, modifications for manhole 9, and construction of east-west berm/rain flap); (ii) 8 days for delays due to excessive rainfall; and (iii) 5 work delays for additional work associated with jet cleaning, replacing and videotaping the leachate transmission pipe between manholes 9 and 10. Attachment 3 includes the approved delays due to change order work, rain delays, and additional work. Based on this information, the construction schedule was updated and the revised substantial completion and final completion dates were estimated as 14 January 2013 and 13 February 2013, respectively. Construction of the Project was determined to be substantially complete by Comanco on 14 January 2013 as indicated in Attachment 4. Comanco demobilized from the jobsite and issued a final completion letter for the Project on January 30, 2013, also included in Attachment 4. Geosyntec however received the final as-built drawings for Project on March 5, 2013. CLOSING Geosyntec appreciates this opportunity to provide services to the SWDD on this project. Should you have any questions on the memorandum, please do not hesitate to contact us. Attachment 1 —Reviewed Payment Application#10 (Invoice#12989) Attachment 2—Change Order Reviews Attachment 3 —Approved Delays Attachment 2—Project Completion Letter 270 �v c� INDIAN RIVER COUNTY °nc�. K SOLID WASTE DISPOSAL DISTRICT '�LpRjOp' BOARD MEMORANDUM Date: March 11, 2013 To: Joseph A. Baird, County Administrator l Thru: Vincent Burke, Director of Utility ServicesG From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District . Subject: Fourth Amendment to SWDD Feedstock Supply Agreement with INPB BACKGROUND: On July 15, 2011, the Solid Waste Disposal District (SWDD) approved the Feedstock Supply Agreement (FSA) to INEOS New Planet BioEnergy, LLC (INPB), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012; by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012; and by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012. The First Amendment provided a one year license to use SWDD's Vegetative Waste Management Area and scale house with provisions for INPB to pay a Scale Fee of$3.00 for each out of county vehicle for the first nine months and a fee of$3.00 for each vehicle after nine months. The Third Amendment provided an extension to use SWDD's facilities until April 30, 2013 and for INPB to pay a Scale Fee of $3.00 for each out of county vehicle until ,,o„ March 31, 2013 and a fee of$3.00 for each vehicle after March 31, 2013. On February 26, 2013, INPB requested an extension of our license to use SWDD's Vegetative Waste Management Area and Scalehouse services on a temporary basis until May 31, 2013 along with an extension on the Scale Fees as well as to modify their Scalehouse operating hours referenced in the Feedstock Supply Agreement to match the current landfill operating hours. ANALYSIS: Based on mutual agreement of both parties, staff recommends approval of an extension to INPB to continue to utilize our facility as to allow for the completion of their scale house facility and provide a smooth transition for our residents. The attached amendment provides an extension of the license and the terms of the scale fee through May 31, 2013 and changes to their Scalehouse operating hours. RECOMMENDATION: Staff recommends the SWDD Board approve and authorize the Chairman to sign the Fourth Amendment to the Feedstock Supply Agreement. ATTACHMENT: Fourth Amendment to Feedstock Supply Agreement & Letter from INPB APPROVED FOR AGENDA: Indian River Co. Approved Date By: �= Administration Jose A. Baird, County Administrator SWDDBudget for C 3 1t Budget � ( I O Date Legal .(j.(3 SWDD Agenda-Fourth Amendment to Feedstock Supply Agreement with INPB Page 1 271 INEOS New Planet BioEnergy LLC INEOS New Planet BioEnergy LLC David W.T. King President -- 92574 1h Avenue S W Vero Beach, Florida USA 32968-9702 Telephone: 772—562—9662 February 26, 2013 Fax:772—567-9557 Indian River County 1801 27th Street Vero Beach, Florida USA 32960-3365 Attention: Mr. Joseph Baird County Administrator Subject: INEOS New Planet BioEnergy and Indian River County Feedstock Supply Agreement — Request to Extend use of County Scales and Property and Alignment of Operating Hours Dear Mr. Baird: I am following up on our discussion to extend the use of the County Scales and IRC property for the processing of Vegetative Waste per the Feedstock Supply Agreement between INEOS New Planet BioEnergy LLC (INPB) and the Indian River County Solid Waste Disposal District signed June 2, 2011, . and specifically the Third Amendment to the Agreement approved by the Board of County Commissioners November 13, 2012 in attachment. INPB respectfully requests to extend the temporary license to occupy and use the District's Vegetative Waste Management Area from April 30, 2013 to May 31St, 2013. INPB respectfully requests the extension of the use of the County Scales to include $3.00 for each out of county vehicle through April 30, 2013 and$3.00 for each vehicle after April 30, 2013. Additionally, INPB respectfully requests to change the operating hours noted in the Feedstock Agreement Section 3.LB.2 indicated as 6 a.m. to 6 p.m. to align with the Landfill's existing hours of operation 7 a.m. to 5 p.m.. We believe that the above extensions and alignment with present landfill hours of operation will help to ensure a smooth transition to INPB's reception and processing operations, both operationally as well as from a public communications standpoint, and have already initiated discussion with the SWDD in this regard. Please contact me with any questions that you or Staff may have relating to this request and any additional actions required by INPB in order to have these requests approved. Best regards, David King, President INEOS New Planet Bio nergy LLC 272 72 THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT - -- THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third Amendment") is entered into. as of this 1.1 day of November, 2012, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Third Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment or the Second Amendment, as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), and by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"); and WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a temporary license to occupy and use the District's Vegetative Waste Management Area for a period of time ending, at the latest, on March 13, 2013, which the Parties, by this Third Amendment, desire to extend to April 30, 2013; and WHEREAS, the first sentence of section 6 of the First Amendment provides that "The District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each out of county vehicle for the first nine months, and three dollars ($3.00) for each vehicle after nine months, that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area,"; and WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth herein, NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Amendment of Section 4 of the First Amendment. The third sentence of section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following language: "The term of this license shall terminate when INEOS notifies the District in writing that INEOS' own Facility and Facility Site are completed and ready to receive and Process Vegetative Waste, or April 30, 2013, whichever occurs first, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein." Feedsock Agrmt-3rd Amendment 1 273 3. Amendment of Section 6 of the First Amendment. The first sentence of section 6 of the First Amendment is hereby deleted in its entirety and replaced with the following language: —"The District-shall-charge and 1NEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each out of county vehicle through March 31, 2013,and three dollars ($3.00) for each vehicle after March 31, 2013, that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area." 4. Other Provisions. Except as amended herein and in the First Amendment and the Second Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Third Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. INDIAN RIVER COUNTY SOLID WASTE ATTEST: Jeffrey R. Smith, DISPOSAL DISTRICT ("District") Clerk of Court and Comptroller Deputy Clerk Gary C. eeler, Chairman A�1?roved by BCC: November 13 , 2012. Approved: �Rfroved as to form and legal sufficiency: .`•moo ,� ,oQf� J eph A. Baird, County Administrator Alan olackwic , Sr., County Attorney Signed, sealed and delivered in the INEOS NEVA' PLANET BIOENERGY, LLC presence of: ("Company") I / PBy: Print name: 161, Print name: Eyo✓!5 Print title: Feedstock Agrmt-3rd Amendment 2 274 THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third Amendment") is entered into as of this 1-1 day of November, 2012, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Third Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment or the Second Amendment, as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), and by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"); and WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a temporary license to occupy and use the District's Vegetative Waste Management Area for a period of time ending, at the latest, on March 13, 2013, which the Parties, by this Third Amendment, desire to extend to April 30, 2013; and WHEREAS, the first sentence of section 6 of the First Amendment provides that "The District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each out of county vehicle for the first nine months, and three dollars ($3.00) for each vehicle after nine months, that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area,"; and WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth herein, NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Amendment of Section 4 of the First Amendment. The third sentence of section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following language: "The term of this license shall terminate when INEOS notifies the District in writing that INEOS' own Facility and Facility Site are completed and ready to receive and Process Vegetative Waste, or April 30, 2013, whichever occurs first, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein." Feedstock Agrnu-3rd Amendment 1 275 3. Amendment of Section 6 of the First Amendment. The first sentence of section 6 of the First Amendment is hereby deleted in its entirety and replaced with the following -language: -"The-District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each out of county vehicle through March 31, 2013,and three dollars ($3.00) for each vehicle after March 31, 2013, that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area." 4. Other Provisions. Except as amended herein and in the First Amendment and the Second Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Third Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. INDIAN RIVER COUNTY SO_L,ID WASTE ATTEST: Jeffrey R. Smith, DISPOSAL DISTRICT ("District") Clerk of Court and Comptroller By: B / Deputy Clerk ��` '��✓� Gary C. W eeler, Chairman A-pgroved by BCC: November 13 , 2012. Approved: _ ': Approved as to form and legal sufficiency: r��.M11MkwK�y J eph A. Baird, County Administrator Alan olaekwic , Sr., County Attorney Signed, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC presence of: ("Company") Print e: NnJic'L l/weMC7-/,l4� By: . Print name: A le-Vw Print name: U 5,7,-1'- ey'Arl5 Print title: Feedstock Agrmt-3rd Amendment 2 276 FOURTH AMENDMENT TO t FEEDSTOCK SUPPLY AGREEMENT THIS FOURTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Fourth Amendment") is entered into as of this day of March, 2013, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Third Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment or the Second Amendment, as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"), and by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 ("Third Amendment"); and WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a temporary license to occupy and use the District's Vegetative Waste Management Area for a period of time ending, at the latest, on March 13, 2013, which date was extended in the Third Amendment to April 30, 2013, and which date the Parties desire to extend in this Fourth Amendment to May 31, 2013; and WHEREAS, in section 6 of the First Amendment the Parties provided that the District would charge and INEOS would pay a Scale Fee of three dollars ($3.00) "for each out of county vehicle for the first nine months, and three dollars ($3.00) for each vehicle after nine months," that used the scale and delivered Vegetative Waste to the Vegetative Waste Management Area, which time period ("nine months") was changed in the Third Amendment to April 30, 2013, and which time period the Parties desire to change in this Fourth Amendment to May 31, 2013; and WHEREAS, in section 3.1132 of the Feedstock Agreement, the Parties set operating hours of the Facility of 6 a.m. to 6 p.m., which operating hours the Parties desire to change in this Fourth Amendment to align with the operating hours of the District's Landfill of 7 a.m. to 5 P.M., NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Amendment of Section 4 of the First Amendment. The third sentence of section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following Feedstock Agrmt-4th Amendment 1 277 language: "The term of this license shall terminate on May 31, 2013, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein." This amendment shall supersede section 2 of the Third Amendment. 3. Amendment of Section 6 of the First Amendment. The first sentence of section 6 of the First Amendment is hereby deleted in its entirety and replaced with the following language: "The District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each out of county vehicle through April 30, 2013, and three dollars ($3.00) for each vehicle after April 30, 2013, that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area." This amendment shall supersede section 3 of the Third Amendment. 4. Amendment of Section 3.1112 of the Feedstock Allreement. The first sentence of section 3.1 B2 of the Feedstock Agreement is hereby deleted in its entirety and replaced with the following language: "The District, Contractors, Franchisees, and Residents may deliver Acceptable Waste to the Facility, and Company shall accept such deliveries, on any day of the year that the District Landfill is open, between the hours of 7 a.m. and 5 p.m." 5. Other Provisions. Except as amended herein and in the First Amendment, Second Amendment and Third Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Fourth Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. ATTEST: Jeffrey R. Smith, INDIAN RIVER COUNTY SOLID WASTE Clerk of Court and Comptroller DISPOSAL DISTRICT ("District") By: BY; Deputy Clerk Joseph E. Flescher, Chairman Approved by BCC: 12013. A proved: Approved as to form and legal sufficiency: J ph A. taird, ounty Administrator Alan S. Po kwich, Sr., County Attorney S' ned, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC es a of: ("Company") Print name: By: Print name: s Print name: c D 14 Print title: BQ,,;j 1114-- Feedstuck Agrmi-J/h Amendmem 2 278