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07/16/2013AP
PROCLAMATION HONORING GARY EASLICK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES/SOLID WASTE DISPOSAL DISTRICT WHEREAS, Gary Easlick is retiring from Indian River County effective July 25, 2013; and WHEREAS, Gary Easlick began his career with Indian River County on April 26, 1991, as a Maintenance Worker III for the Solid Waste Disposal District (SWDD). He was promoted on July 5, 1991, to Heavy Equipment Operator L On July 15, 2005, he was promoted to SWDD Foreman and continued in that capacity until his retirement, and WHEREAS, Gary Easlick brought his experience as a United States Army veteran and a former Piper employee to the various operational aspects of the solid waste and recycling industry. He served with utmost professionalism, gaining respect from regulators, engineers, contractors, other departments, and the general public; and WHEREAS, Gary Easlick has served this County and the Public with distinction and selflessness. During his years of service, he was dedicated and his work was greatly appreciated by his employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Gary Easlick'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 Countyfor the last twenty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 16th day of July 2013. i BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 7(zis is to certify that Gary EasCuk is hereby presented this 1f tirement ,,gward for outstanding perfor►nance and jaithfufservice to Indian Wyver County Board of County Commissioners For twenty-two years of service On this 25thday of�ucy 2013 Vincent Burke Director of vtdiiy services Joseph E. Tlescher Board of County Commissioner, Chairman JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: July 3, 2013 SUBJECT: APPROVAL OF WARRANTS June 28, 2013 to July 3, 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 Counfy Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of June 28, 2013 to July 3, 2013. Attachment: DB: MS 3 CHECKS WRITTEN 12 CHECK NBR CK DATE VENDOR AMOUNT 300069 300070 7/1/2013 7/1/2013 ORANGE COUNTY HOUSING & C D SANDY PINES LTD 1,782.28 342.00 300071 7/1/2013 ALL FLORIDA REALTY SERVICES INC 5,141.00 300072 7/1/2013 GERALD T CAPAK 265.00 300073 7/1/2013 CHERYL DOYLE 354.00 300074 7/1/2013 VERO BEACH EDGEWOOD PLACE (305-113) 671.00 300075 7/1/2013 GRACES LANDING LTD 6,831.00 300076 7/1/2013 MICHAEL JACKOWSKI 429.00 300077 7/1/2013 TERRY A LAWRENCE 77.00 300078 7/1/2013 LINDSEY GARDENS APARTMENTS 12,060.00 300079 7/1/2013 BRYAN D BLAIS 782.00 300080 7/1/2013 RIVER PARK ASSOCIATES 13,026.00 300081 7/1/2013 RICHARD C THERIEN 794.00 300082 7/1/2013 CREATIVE CHOICE HOMES XVI LTD 3,830.00 300083 7/1/2013 DAVID YORK 528.00 300084 7/1/2013 ST FRANCIS MANOR OF VERO BEACH 963.00 300085 7/1/2013 TREASURE COAST HOMELESS SERVICES 2,337.00 300086 7/1/2013 FULCHINI ENTERPRISES INC 287.00 300087 7/1/2013 VENETIAN APARTMENTS OF VERO BEACH 874.00 300088 7/1/2013 HERMOSA PROPERTIES LLC 308.00 300089 7/1/2013 PINNACLE GROVE LTD 7,181.00 300090 7/1/2013 VERO CLUB PARTNERS LTD 15,889.00 300091 7/1/2013 DAVID SPARKS 561.00 300092 7/1/2013 CRAIG MERRILL 1,365.00 300093 7/1/2013 CHRISTINE SALTER 511.00 300094 7/1/2013 HAGGERTY FAMILY LTD 307.00 300095 7/1/2013 THE PALMS AT VERO BEACH 12,257.00 300096 7/1/2013 THE PALMS AT VERO BEACH 366.00 300097 7/1/2013 FELLSMERE COMM ENRICHMENT PROGRAM INC 91.00 300098 7/1/2013 HENRY O SPEIGHT 645.00 300099 7/1/2013 DAVID CONDON 590.00 300100 7/1/2013 HILARY MCIVOR 505.00 300101 7/1/2013 PAULA LANE 376.00 300102 7/1/2013 FRANK BLAKE 442.00 300103 7/1/2013 JOHN A CAPPELLO 418.00 300104 7/1/2013 TCG SONRISE II LLC 571.00 300105 7/1/2013 KARL LACHNITT 718.00 300106 7/1/2013 PELICAN ISLES LP 4,869.00 300107 7/1/2013 PELICAN ISLES LP 356.00 300108 7/1/2013 JOHN F BAER 2,239.00 300109 7/1/2013 SUNCOAST REALTY & RENTAL MANAGEMENT LLC 6,683.00 300110 7/1/2013 OAK RIVER PROPERTIES INC 766.00 300111 7/1/2013 KENNEN COHEN 433.00 300112 7/1/2013 MARILYN LEWIS 77.00 300113 7/1/2013 STEPHEN J SHORT SR 442.00 300114 7/1/2013 MICHAEL KANNER 566.00 300115 7/1/2013 AD & IN SERVICES INC 229.00 300116 7/1/2013 ANDRE DORAWA 657.00 300117 7/1/2013 RICHARD JOHN KELLER 706.00 300118 7/1/2013 ADINA GOLDMAN 459.00 300119 7/1/2013 INDIAN RIVER RDA LP 266.00 300120 7/1/2013 GEORGE THUYNS 685.00 300121 7/1/2013 STEVEN ROBERT HARTMAN 541.00 300122 7/1/2013 LAZY J LLC 402.00 300123 7/1/2013 STEPHANIE FOUNTAIN 273.00 300124 7/1/2013 SYLVIA MCNEILL 243.00 300125 7/1/2013 SKOKIE HOLDINGS INC 577.00 300126 7/1/2013 LILIAN N BEUTTELL 441.00 12 5 CHECK NBR CK DATE VENDOR AMOUNT 300127 7/1/2013 ROGER WINSLOW 503.00 300128 7/1/2013 TAMMY MEEKS 719.00 300129 300130 7/1/2013 7/1/2013 VINCENT PILEGGI OSLO VALLEY PROPERTIES INC 451.00 989.00 300131 7/1/2013 VICKY L STANLEY 797.00 300132 7/1/2013 CORY J HOWELL 202.00 300133 7/1/2013 CHOICE RENTALS INC 517.00 300134 7/1/2013 WILLIAM JAMES STANGANELLI 399.00 300135 7/1/2013 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 848.00 300136 7/1/2013 OSCEOLA COUNTY SECTION 8 682.76 300137 7/1/2013 WYNN OWLE 572.00 300138 7/1/2013 WILLIAM NEUWIRTH 558.00 300139 7/1/2013 ANTHONYARROYO 308.00 300140 7/1/2013 BRIGITTE BALL 535.00 300141 7/1/2013 AHS HOLDINGS GROUP LLC 3,447.00 300142 7/1/2013 COUNTY OF VOLUSIA HVC PROGRAM 638.76 300143 7/1/2013 AJL MANAGEMENT CORP 424.00 300144 7/1/2013 YVONNE KOUTSOFIOS 280.00 300145 7/1/2013 HOUSING AUTHORITY CITY OF ALLENTOWN 566.76 300146 7/1/2013 HOUSING AUTHORITY OF FULTON COUNTY 652.76 300147 7/1/2013 ALAN R TOKAR 649.00 300148 7/1/2013 2184 1ST PL SW LLC 584.00 300149 7/1/2013 VILLAS OF VERO BEACH 491.00 300150 7/1/2013 BRIAN E GALLAGHER 503.00 300151 7/1/2013 MANUEL V CAMACHO SR LLC 697.00 300152 7/1/2013 HOUSING AUTHORITY 719.76 300153 7/1/2013 ALCURT VERO BEACH LLC 4,044.00 300154 7/1/2013 FRANKLIN TODD & DEANA MARCHANT 539.00 300155 7/1/2013 MICHAEL STILES 485.00 300156 7/1/2013 JOYCE ANN KETLAR 465.00 300157 7/1/2013 BLTREJV3 PALM BEACH 833.00 300158 7/3/2013 ADRON FENCE COMPANY INC 877.00 300159 7/3/2013 PORT CONSOLIDATED INC 670.01 300160 7/3/2013 BIRCHWOOD LABORATORIES INC 4,923.00 300161 7/3/2013 JORDAN MOWER INC 639.30 300162 7/3/2013 ROBINSON EQUIPMENT COMPANY INC 512.26 300163 7/3/2013 TEN -8 FIRE EQUIPMENT INC 2,899.53 300164 7/3/2013 VERO CHEMICAL DISTRIBUTORS INC 741.85 300165 7/3/2013 COPYCO INC DBA 259.00 300166 7/3/2013 ALARM PARTNERS 116.34 300167 7/3/2013 CHISHOLM CORP OF VERO 4,010.22 300168 7/3/2013 KIMLEY HORN & ASSOC INC 5,687.50 300169 7/3/2013 STEWART MINING INDUSTRIES INC 1,147.11 300170 7/3/2013 DATA FLOW SYSTEMS INC 543.50 300171 7/3/2013 PARALEE COMPANY INC 1,249.00 300172 7/3/2013 COLD AIR DISTRIBUTORS WAREHOUSE 82.37 300173 7/3/2013 E -Z BREW COFFEE & BOTTLE WATER SVC 203.30 300174 7/3/2013 KELLY TRACTOR CO 1,333.11 300175 7/3/2013 SAFETY KLEEN SYSTEMS INC 300.00 300176 7/3/2013 DEMCO INC 575.42 300177 7/3/2013 VERO LAWNMOWER CENTER INC 1,658.15 300178 7/3/2013 AMERIGAS EAGLE PROPANE LP 81.73 300179 7/3/2013 DAILY COURIER SERVICE 924.00 300180 7/3/2013 HACH CO 2,080.40 300181 7/3/2013 AKZO NOBEL COATINGS INC 422.40 300182 7/3/2013 HD SUPPLY WATERWORKS, LTD 12,713.05 300183 7/3/2013 BOUND TREE MEDICAL 1,272.58 300184 7/3/2013 BILLS TV SERVICE CENTER INC 95.00 300185 7/3/2013 ANIMAL CARE EQUIPMENT & SERVICES 182.75 300186 7/3/2013 FIRESTONE COMPLETE AUTO CARE 1,830.92 5 CHECK NBR CK DATE VENDOR AMOUNT 300187 7/3/2013 R & G SOD FARMS 240.00 300188 7/3/2013 GENERAL PART INC 1,092.13 300189 7/3/2013 BLAKESLEE SERVICES INC 710.00 300190 7/3/2013 BAKER & TAYLOR INC 1,518.37 300191 7/3/2013 MIDWEST TAPE LLC 77.95 300192 7/3/2013 BASS CARLTON SOD INC 90.00 300193 7/3/2013 LOWES CO INC 1,050.01 300194 7/3/2013 PRECISION CONTRACTING SERVICES INC 67,586.38 300195 7/3/2013 K & M ELECTRIC SUPPLY 91.66 300196 7/3/2013 ATKINS NORTH AMERICA INC 13,448.85 300197 7/3/2013 CENGAGE LEARNING CORPORATION 131.20 300198 7/3/2013 PALM TRUCK CENTERS INC 1,381.30 300199 7/3/2013 GO COASTAL INC 278.85 300200 7/3/2013 INDIAN RIVER COUNTY HEALTH DEPT 512.43 300201 7/3/2013 VICTIM ASSISTANCE PROGRAM 4,428.66 300202 7/3/2013 CITY OF VERO BEACH 71,090.30 300203 7/3/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 300204 7/3/2013 CHAPTER 13 TRUSTEE 277.30 300205 7/3/2013 INDIAN RIVER ALL FAB INC 2,000.00 300206 7/3/2013 UNITED PARCEL SERVICE INC 10.75 300207 7/3/2013 PUBLIX SUPERMARKETS 53.44 300208 7/3/2013 ARTHUR J GALLAGHER RISK MGMT SERVICES 502.00 300209 7/3/2013 ACUSHNET COMPANY 123.25 300210 7/3/2013 DUMONT COMPANY INC 1,099.50 300211 7/3/2013 INDIAN RIVER HABITAT 4,895.41 300212 7/3/2013 FEDERAL EXPRESS 33.76 300213 7/3/2013 DUNKELBERGER ENGINEERING & TESTING 9,586.00 300214 7/3/2013 TYLER TECHNOLOGIES INC 2,937.50 300215 7/3/2013 LITTER GITTER INC 106.00 300216 7/3/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 80.00 300217 7/3/2013 FLORIDA POWER AND LIGHT 5,852.93 300218 7/3/2013 FLORIDA POWER AND LIGHT 3,402.06 300219 7/3/2013 ACUSHNET COMPANY 158.29 300220 7/3/2013 STATEATTORNEY 8,465.68 300221 7/3/2013 KENNETH CAMPBELL SENIOR 100.00 300222 7/3/2013 GLOBAL GOLF SALES INC 64.13 300223 7/3/2013 STRUNK FUNERAL HOMES 850.00 300224 7/3/2013 JOSEPH A BAIRD 1,142.05 300225 7/3/2013 JASON E BROWN 263.49 300226 7/3/2013 VTECH INC 190.00 300227 7/3/2013 ROBERT A SMITH 250.00 300228 7/3/2013 COX GIFFORD SEAWINDS 425.00 300229 7/3/2013 GERALD A YOUNG SR 90.00 300230 7/3/2013 BOATC MEMBERSHIP 20.00 300231 7/3/2013 GREY HOUSE PUBLISHING 195.00 300232 7/3/2013 HENRY SMITH 108.00 300233 7/3/2013 RANGE ROAD MINE LLC 2,972.98 300234 7/3/2013 MISDU MICHIGAN STATE 445.75 300235 7/3/2013 ALAN C KAUFFMANN 40.00 300236 7/3/2013 G K ENVIRONMENTAL INC 5,312.00 300237 7/3/2013 DORTHY JEANNE BRESETT 221.07 300238 7/3/2013 NEW JERSEY FAMILY SUPPORT CENTER 330.00 300239 7/3/2013 COMCAST 115.45 300240 7/3/2013 ADVANCED XEROGRAPHICS IMAGING 1,106.76 300241 7/3/2013 LINDSEY MATHENY 120.00 300242 7/3/2013 ECONOLITE CONTROL PRODUCTS INC 3,775.00 300243 7/3/2013 RUSSELL PAYNE INC 142.59 300244 7/3/2013 CELICO PARTNERSHIP 120.11 300245 7/3/2013 JEAN PETERS 150.00 300246 7/3/2013 AARON LEVY 19.89 7 CHECK NBR CK DATE VENDOR AMOUNT 300247 7/3/2013 JOSEPH W VASQUEZ 54.00 300248 7/3/2013 SYNAGRO-WWT INC 52,816.81 300249 300250 7/3/2013 7/3/2013 JOHNS EASTERN COMPANY INC MICHAEL ZITO 19,561.00 189.13 300251 7/3/2013 DICKERSON FLORIDA INC 1,085,639.28 300252 7/3/2013 CHARLES MESSER 144.00 300253 7/3/2013 GLOVER OIL COMPANY INC 51,511.92 300254 7/3/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 300255 7/3/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 300256 7/3/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 300257 7/3/2013 GARY L EMBREY 80.00 300258 7/3/2013 LARRY STEPHEN FAISON 40.00 300259 7/3/2013 EXTREME CONTROL SYSTEMS INC 987.14 300260 7/3/2013 JOHN DEERE LANDSCAPE 1,956.00 300261 7/3/2013 KELLY J TURNER JR 80.00 300262 7/3/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 571.08 300263 7/3/2013 KENNY CAMPBELL JR 100.00 300264 7/3/2013 TOTAL TEMPERATURE INSTRUMENTATION INC 939.00 300265 7/3/2013 JOHNNY B SMITH 150.00 300266 7/3/2013 DANE MACDONALD 54.00 300267 7/3/2013 CHARLES A WALKER 40.00 300268 7/3/2013 INDIAN RIVER RDA LP 400.00 300269 7/3/2013 CEMEX 328.28 300270 7/3/2013 KEVIN MILLER 229.19 300271 7/3/2013 DANIEL IOFFREDO 60.00 300272 7/3/2013 TOTAL GOLF CONSTRUCTION LC 17,300.78 300273 7/3/2013 BENNETT AUTO SUPPLY INC 434.05 300274 7/3/2013 TRADEWINDS POWER CORP 29,864.00 300275 7/3/2013 WILLIAM BOLTON 210.00 300276 7/3/2013 SANDY ARACENA 120.00 300277 7/3/2013 SAID S MOOBARK 400.00 300278 7/3/2013 VERA SMITH 36.00 300279 7/3/2013 GARRETT SMITH 36.00 300280 7/3/2013 RANGE SERVANT AMERICA INC 764.46 300281 7/3/2013 NIC MANAGEMENT LLC 500.00 300282 7/3/2013 WOERNER DEVELOPMENT INC 133.00 300283 7/3/2013 ANTOINE L JENNINGS 350.00 300284 7/3/2013 STEVENAABBOND 120.00 300285 7/3/2013 D R HORTON INC 3,154.53 300286 7/3/2013 YOUR AQUA INSTRUCTOR LLC 200.00 300287 7/3/2013 OCUCUE LLC 19,000.00 300288 7/3/2013 DELRAY MOTORS 167.28 300289 7/3/2013 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 300290 7/3/2013 RAYMOND J DUCHEMIN 180.00 300291 7/3/2013 HOLLIE MC DOUGALL 38.94 300292 7/3/2013 EVERGLADES WASTE REMOVAL SERVICE LLC 6,843.48 300293 7/3/2013 SHADOWBROOK AT VERO 500.00 300294 7/3/2013 HEATHER HATTON 230.00 300295 7/3/2013 CM&S INDUSTRIES INC 2,032.00 300296 7/3/2013 GENERAL CHEMICAL PERFORMANCE LLC 4,827.47 300297 7/3/2013 INSOURCE SOFTWARE SOLUTIONS INC 5,253.54 300298 7/3/2013 SHAWN GINN 60.00 300299 7/3/2013 REPROGRAPHIC SOLUTIONS INC 22.24 300300 7/3/2013 LABOR READY SOUTHEAST INC 9,182.52 300301 7/3/2013 KELLIE P KIELBASA 100.00 300302 7/3/2013 CANON SOLUTIONS AMERICA INC 890.64 300303 7/3/2013 CARROT TOP INDUSTRIES INC 605.63 (w 300304 7/3/2013 PLATINUM PROPERTY RESTORATION 2,660.00 300305 7/3/2013 ALEX MIKLO 94.00 300306 7/3/2013 MITCHELL GODWIN 144.00 7 CHECK NBR CK DATE VENDOR AMOUNT 300307 7/3/2013 BART HEFFERNAN 1,102.80 300308 7/3/2013 KURT WARD BRESSNER 229.25 300309 7/3/2013 BLANCA E ZAMARRIPA 229.33 300310 7/3/2013 JENNIFER CHESTER 140.00 300311 7/3/2013 TERI GAMBLE 50.00 300312 7/3/2013 AMANDA PRIMAVERA 70.00 300313 7/3/2013 CRYSTAL OTTO 70.00 300314 7/3/2013 PETER GHERMAN 1,102.80 300315 7/3/2013 REGINA JACKSON 400.00 300316 7/3/2013 RICHARD GIESSERT 500.00 300317 7/3/2013 ALAIN TESSIER 229.19 300318 7/3/2013 UT REFUNDS 42.88 Grand Total: 1,740,448.27 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR 1001866 6/24/2013 EVERGLADES FARM EQUIPMENT CO INC AMOUNT 1001867 6/24/2013 COMMUNICATIONS INTERNATIONAL 272.64 1001868 6/24/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 39,623.73 1001869 6/24/2013 INDIAN RIVER BATTERY 75.15 1001870 6/24/2013 MIKES GARAGE & WRECKER SERVICE INC 345.00 1001871 6/24/2013 DAVES SPORTING GOODS & TROPHIES 215.00 1,922.65 1001872 6/24/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 145.08 1001873 6/24/2013 MIDWEST MOTOR SUPPLY CO 382.00 1001874 6/24/2013 AUTO PARTNERS LLC 1001875 6/24/2013 S & S AUTO PARTS 339.32 1001876 6/25/2013 EVERGLADES FARM EQUIPMENT CO INC 269.93 1001877 6/25/2013 CONTECH ENGINEERED SOLUTIONS LLC 45.47 1,112.89 1001878 6/25/2013 COMMUNICATIONS INTERNATIONAL 18,509.44 1001879 6/25/2013 REPUBLIC SERVICES OF FLORIDA 419.79 1001880 6/25/2013 DAVIDSON TITLES INC 163.37 1001881 6/25/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 149.78 1001882 6/25/2013 SEBASTIAN OFFICE SUPPLY CO 74.10 1001883 6/25/2013 COMMUNITY ASPHALT CORP 1,207.12 1001884 6/25/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 2,034.05 1001885 6/25/2013 RECHTIEN INTERNATIONAL TRUCKS 46.89 1001886 6/25/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 53.17 1001887 6/25/2013 CAPITAL OFFICE PRODUCTS 758.20 1001888 6/25/2013 AUTO PARTNERS LLC 111.40 1001889 6/26/2013 INDIAN RIVER BATTERY 16.40 1001890 6/26/2013 INDIAN RIVER OXYGEN INC 78.45 1001891 6/26/2013 ALLIED UNIVERSAL CORP 5,485.70 1001892 6/26/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 630.60 1001893 6/26/2013 APPLE MACHINE & SUPPLY CO 691.98 1001894 6/26/2013 FERGUSON ENTERPRISES INC 1,215.13 1001895 6/26/2013 COMO OIL COMPANY OF FLORIDA 41.50 1001896 6/26/2013 ESRI INC 33,400.00 1001897 6/26/2013 HARCROS CHEMICALS, INC. 6,664.53 1001898 6/26/2013 L&L DISTRIBUTORS 176.40 1001899 6/26/2013 CON -AIR INDUSTRIES INC 189.24 1001900 6/26/2013 S & S AUTO PARTS 79.14 1001904 6/26/2013 AT&T 10,101.42 1001905 6/26/2013 OFFICE DEPOT BSD CUSTOMER SVC 2,248.96 1001906 6/26/2013 WHEELABRATOR RIDGE ENERGY INC 27,342.85 1001907 6/27/2013 SSES INC DBA 4,206.00 1001908 6/27/2013 HENRY SCHEIN INC 273.00 1001909 6/27/2013 SAFETY PRODUCTS INC 171.06 1001910 6/27/2013 SOUTHERN COMPUTER WAREHOUSE 1,161.25 1001911 6/27/2013 SVI SYSTEMS INC 198.00 1001912 6/27/2013 SHRIEVE CHEMICAL CO 75.00 1001913 6/27/2013 S & S AUTO PARTS 7.91 Grand Total: 162,730.69 E ELECTRONIC PAYMENT - VISA CARD TRANS. MBR DATE VENDOR AMOUNT 1001914 7/1/2013 COMMUNICATIONS INTERNATIONAL 5,929.71 1001915 7/1/2013 SSES INC DBA 86.36 1001916 7/1/2013 DAVIDSON TITLES INC 725.38 1001917 7/1/2013 MIKES GARAGE & WRECKER SERVICE INC 60.00 1001918 7/1/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 87.90 1001919 7/1/2013 DEERE & COMPANY 216.78 1001920 7/1/2013 SOUTHERN JANITOR SUPPLY INC 803.11 1001921 7/1/2013 CAPITAL OFFICE PRODUCTS 63.75 1001922 7/1/2013 L&L DISTRIBUTORS 17.40 1001923 7/1/2013 S & S AUTO PARTS 92.50 1001924 7/1/2013 EAST COAST ANIMAL MEDICAL CENTER 423.00 1001925 7/3/2013 HARRIS SANITATION INC 77,904.28 1001926 7/3/2013 AT&T 5,246.37 1001927 7/3/2013 OFFICE DEPOT BSD CUSTOMER SVC 817.69 1001928 7/3/2013 BRIDGESTONE GOLF INC 222.19 1001929 7/3/2013 EVERGLADES FARM EQUIPMENT CO INC 413.54 1001930 7/3/2013 PARKS RENTAL & SALES INC 100.00 1001931 7/3/2013 HENRY SCHEIN INC 30.00 1001932 7/3/2013 NORTH SOUTH SUPPLY INC 30.32 1001933 7/3/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 172.38 1001934 7/3/2013 INDIAN RIVER BATTERY 1,494.50 1001935 7/3/2013 MIKES GARAGE & WRECKER SERVICE INC 1,055.00 1001936 7/3/2013 APPLE INDUSTRIAL SUPPLY CO 469.08 1001937 7/3/2013 TEAM EQUIPMENT INC 763.00 1001938 7/3/2013 ALLIED UNIVERSAL CORP 8,419.40 1001939 7/3/2013 HOMELAND IRRIGATION 29.96 1001940 7/3/2013 THE EXPEDITER 31.75 1001941 7/3/2013 HILL MANUFACTURING CO INC 908.55 1001942 7/3/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 311.66 1001943 7/3/2013 SOUTHERN COMPUTER WAREHOUSE 121.54 1001944 7/3/2013 SVI SYSTEMS INC 165.00 1001945 7/3/2013 SEBASTIAN OFFICE SUPPLY CO 18.76 1001946 7/3/2013 COMMUNITY ASPHALT CORP 138.72 1001947 7/3/2013 FERGUSON ENTERPRISES INC 4,985.45 1001948 7/3/2013 COMO OIL COMPANY OF FLORIDA 681.91 1001949 7/3/2013 COMPLETE ELECTRIC INC 725.00 1001950 7/3/2013 SHRIEVE CHEMICAL CO 4,014.89 1001951 7/3/2013 CAPITAL OFFICE PRODUCTS 416.14 1001952 7/3/2013 S & S AUTO PARTS 116.20 1001953 7/3/2013 EAST COAST ANIMAL MEDICAL CENTER 56.00 1001954 7/3/2013 HYDRA SERVICE (S) INC 2,861.34 1001955 7/3/2013 HORIZON DISTRIBUTORS INC 59.20 Grand Total: 121,285.71 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 2489 6/28/2013 KIMLEY HORN & ASSOC INC AMOUNT 2490 6/28/2013 INDIAN RIVER COUNTY SHERIFF 7,456.00 2491 6/28/2013 2,964,036.48 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 2492 6/28/2013 CLERK OF CIRCUIT COURT 70,142.59 2493 6/28/2013 BANK OF NEW YORK 74,969.41 2494 7/1/2013 AGENCY FOR HEALTH CARE ADMIN 3,866,131.25 Grand Total: 13,173.89 6,995,909.62 Carole Jean Jordan Tax Collector INTER -OFFICE MEMO: To: Joseph A. J. Baird, County Administrator Date: Wednesday, July 03, 2013 Subject: Consent Agenda Item From: Carole_ Jean Jordan, Tax Collector •- Please place the following on the Consent Agenda for the Board of County Commissioners meeting on Tuesday July 16, 2013. Pursuant to Chapter 197.492 of the Florida Statutes, enclosed is a report of the List of Errors, Insolvencies, Double Assessments and Discounts for the 2012 tax roll. This list was completed as of June 30, 2013 and is attached for (W your review. If you need any further information or assistance, please feel free to contact me. Thank you for your consideration in this matter. P.O. Box 1509, Vero Beach, FL 32961-1509 Phone: (772) 226-1338 Fax (772) 770-5009 www.IRCtax.com TaxCollectorgIRCtax.com 12 July 3, 2013 Board of County Commissioners Attention: Joseph E Flescher, Chairman 180127 1h Street, Bldg A Vero Beach, FL 32960 Carole Jean Jordan, CFC Tax Collector "f How MAY WE HELP You?" Re: Errors and Insolvencies Report for the 2012 Tax Roll Dear Chairman Flescher: Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the Recapitulation of the 2012 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, Carole Jean Jordan Indian River County Tax Collector CJJ:ekp Attachments P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollector@IRCTax.com .r Website: www.IRCtax.com Phone: (772) 226-1338 Fax (772) 770-5009 13 REAL PROPERTY, PERSONAL PROPERTY AND CENTRALLY ASSESSED 2012 TAX ROLL RECAPITULATION I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, hereby certify that the within and foregoing is a true list of all; ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS and DISCOUNTS on the Assess- ment Roll for the year 2012; that all errors and double assessments have been plainly indicated on the Assessment Roll; that the discounts were actually earned for the month as shown; that no exemptions, other than those shown on the Assessment Roll, have been allowed by me except upon a showing of satisfactory proof that each such claim was just and legal; that each item herein marked as insolvent is in fact insolvent and, although diligent search has been made by me I have been unable to find any property upon which levy can be made to enforce the payment of the tax; that I have not collected any of the items shown on this list. I am, therefore, entitled to credit against the 2012 Assessment Roll in the following amounts: Errors, Insolvencies, Double Assessments . . . . . . . . . . . . . . . . . $ 295,184.92 Discounts . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,763,387.25 Federal Bankruptcies . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,058,572.17 Dated this the 3rd day of July 2013. Tax Collector, Indian FZG_County TO COUNTY COMMISSIONERS: READ CAREFULLY THE CERTIFICATE BELOW BEFORE SIGNING. RECAPITULATION WE, the undersigned members of the Board of County Commissioners in and for the County of Indian River rids, hereby certify that we have carefully examined and compared each item in the within and foregoing list and the Tax Collector has stricken from this list and made a separate list of such items, which in our judgment should be collected by the Tax Collector; that to the best of our knowledge, information and belief such list is now correct, just and legal and Honorable Carole Jean Jordan Tax Collector, is therefore entitled to credit on account of said list for the following amounts: Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 295,184.92 Discounts . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,763,387.25 Federal Bankruptcies . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,058,572.17 Dated this the day of 2013. Chairman ATTEST: Member Clerk Member Member (W Member GARULE TOTAL TAX_ 29.39 - -...r------- -67.84 -__- 22.47 1_00 1_00 29_62 1_00 29_39 29.39 28_12 28_12 14.78 2_44 24.72 2012 2012 LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS 12.36 2012 2012 TAX ROLL --- -- -- -- :30-38-25-00010-0000-00027/0 ROOF JOYCE M * CARL L JR -- 374.91 ROLL YRf TAX YR ACCOUNT NUMBER _ CERTIFIED ROLL OWNER NAME 2012 2012 130-38-00-00001-0280-00076/3 - -_ KASHI CHURCH FOUNDATION INC 2012 2012 ':30-38-00-00001-0300-00007/0 IIRWIN ANTHONY G & 2012 2012 30-38-21-00001-0000-00009/0 jDENTON ROBERT IR * JEANETTE M 2012 2012 i30-38-21-00001-0320-00007/0 GRIFFIN DIANA K & 2012 • 2012 '30-38-21-00005-0090-00004/0 ROSELAND UNITED METHODIST CHURCH 2012 2012 '30-38-21-00005-0100-00006/0 ROSELAND UNITED METHODIST CHURCH 2012 i 2012 30-38-21-00005-0110-00006/1 LAPORTA GRACE 2012 2012 30-38-21-00005-0120-00001/0 IROSELAND UNITED METHODIST CHURCH 2012 2012 '30-38-21-00005-0290-00001/0 _ - INDIAN RIVER COUNTY 2012 2012 0 ;30-38-21-00006-0170 00001/1 JIN_DIAN RIVER COUNTY - -- 2012 2012 --- 30-38-22-00002-0001-00000/0 DOMINIX RICHARD P ELIZABETH J * 2012 2012 30-38-22-00002-0001-00000/1 DOMINIX RICHARD P ELIZABETH J * 2012 2012 30-38-22-00002-0006-00000/0 iSLADE ION JEFFREY BONNIE S 2012 2012 30-38-25-00000-0010-00017/0 ;HUMANAINC 2012 2012 30-38-25-00007-0000-00001/1 -- KARR EDWARD T (TR) a - - 2.44 2012 2012 TOTAL TAX_ 29.39 - -...r------- -67.84 -__- 22.47 1_00 1_00 29_62 1_00 29_39 29.39 28_12 28_12 14.78 2_44 24.72 2012 2012 30-38-25-00007-0000-00007/1 - - LAMPREY DONALD H ` 12.36 2012 2012 :30-38-25-00010-0000-00027/0 ROOF JOYCE M * CARL L JR -- 374.91 2012 2012 :30-38-30-00006-0000-00003/2 - - KESSINGER MARY L CALVERT DANIEL _ 18.85 2012 2012 .30-39-33-00000 iD00-ODOOS/O GROVER ALBERT D & 2.94 2012 2012 PONS FRANCISCO ELIZABETH S 4- 2.94 '30-39-33-00000-1000-00006/0 2012 2012 30-39-33-00000-1000-00009/0 BENJAMIN LYNDA L* S.37 2012 2012 30-3933-000001000-00010/0 ;DAVIESJEFFREY NEIL JENNIFER ANNE 3.08 2012 2012 ,30-39-33-00000-7000-00005/0 ;CO PLA RETE JOHN R CATHERINE M 2.94 2012 2012 30-39-33-00000-7000-00007/0 DESTINATION SEBASTIAN LLC 2.94 _ 2012 2012 .30-39-33-00000-7000-00009/0 GAMUT PROPERTIES LLC 2.94 2012 2012 30-39-33-00000-7000-00010/0 GAMUT PROPERTIES LLC a - - 2.44 2012 2012 30-39-33-00000-7000-00012/0 CORDNER HAROLD LIANNE 4.71 2012 2012 30-39-33-00000-7000-00013/01CORDNER HAROLD J LIANNE K 4.87 2012 2012 .30-39-33-00000-7000-00015/0 ;UNITED REAL ESTATE VENTURES INC 1.15 2012 2012 30-39-33-00000-7000-00016/0 ,MILTON GROUP PROPERTIES INC 5.69 2012 2012 '31-35-03-00000-1000-00005/0 TRIPLE S HOLDINGS LTD 2.06 2012 2012 31-35-03-00000-3000-00002/0 'LISLE DORIS M (TR)(TOK)(H) * 22.70 2012 2012 31-35-03-00000-5000-00003/0 TRIPLES HOLDINGS LTD 3.99 2012 2012 31-35-04-00000-5000-00004/0 _ LISLE DORIS M (TR)(TOK)(H) * -- _ - - - -- --79 2012 2012131-35-06-00000-5000-00001/1 MILLS KATHRYN (TR) 23_02 2012 2012 .31-35-18-00000-3000-00001/0 - - (MILLS KATHRYN (TR) - -- 24.08. 2012 2012 .31-37-00-00001-0322-00001/0_ FL ATL CITRUS PROP OWNRS ASSOC 21.15 2012 2012 31-37-00-00001-0324-00002/0 '31-37-00-00001-0359-00001/1 FL ATL CITRUS PROP OWNRS ASSOC 20.98 2012 2012 2012 2012 31-37-00700001-0364-0000 1/0 FLORIDA ATLANTIC CITRUS PROPERTY OWNERS INC FL ATL CITRUS PROP OWNRS ASSOC 22.36 20.81 2012 2012 2012 2012 31-37-00-00001-0366-00001/0 31-37-00-_00001-0431-00001/0 FL ATL CITRUS PROP OWNRS ASSOC --_ ----- FL ATL CITRUS PROP OWNRS ASSOC 10.47 20.65 2012 2012 31-37-00-00001-0431 -00 00 2/0 'FL ATL CITRUS PROP OWNRS ASSOC 20.98 2012 2012 - - - 31-37-00-00001-0475-000/0 - LFL ATL CITRUS PROP OWNRS ASSOC ; 20.81 2012 2012 31-37-00-00001-0517-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 2081. 2012 2012 31-37-00-00001-0568-00001/0 FL ATL CITRUS PROP OWNRS ASSOC +- 10.47 2012 2012 31-37-00-00001-0625-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 10.65 2012 2012 31-37-00-00001-0625-00002/0 FL ATL CITRUS PROP OWNRS ASSOC 20.81 2012 2012 31-37-00-00001-0677-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 10.47 2012 2012 31-37-00-00001-0768-00001/0 FLATLCITRUS PROWNRS ASS INC 20.65 2012 2012 31-37-00-00001-0870-00001/0 PARENTELA VINCENT DIANE 22.20 2012 2012 31-37-00-00001-1544-00002/0 CITY OF FELLSMERE 29.39 2012 2012 31-37-00-00001-1549-00005/0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 29.39 2012 2012 31-37-00-00001-1639-00001/1 INDIAN RIVER COUNTY 29.39 2012 2012 31-37-00-00001-2347-00001/0 BOURDETTE DAVID M & 355.98 2012 2012 31-37-00-00004-0020-00061/0 NEW BETHEL AME CHURCH 10.00 2012 2012 31-37-00-00004-0030-00073/0 MT OLIVE MISSIONARY BAPTIST CHURCH 10.00 2012 2012 31-37-00-00004-0030-00074/0 MT OLIVE MISSIONARY BAPTIST CHURCH r- - 10.00 2012 2012 31-37-00-00004-0030-00081/1 CITY OF FELLSMERE 167.81 2012 2012 31-37-00-00009-0420-00024/0 CARNELL RICHARD M JR WENDY W 29.86 Page 1 of 9 15 - ------------------- CAROLE JEAN JORDAN, TAX COLLECTOR LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS ROLL YR TAX YR ACCOUNT NUMBER -j CERTIFIED ROLL OWNER NAME ! TOTAL TAX 2012 2012 31-37-00-00009-0420-00024/1 +MONROE MICHAEL M CHERYL S ! 29.86 2012 2012 31-37-00-00009-0690-00052/0 RENDON JUAN LU15 169.26 2012 2012 31-37-00-00009-0710-00024/0 CITY OF FELLSMERE 134.71 2012 2012 31-37-00-00009-0820-00001/0 FELLSMERE CHURCH OF GOD (TRS)- _ _ y 10.00 2012 2012 31-37-00-00009-0830-00016/0 REDLANDS CHRISTIAN MIGRANT ASSOC INC 10.00 2012 2012 31-37-00-00009-1160-00012/0 iJOURNIGAN HORACE (TRS) & - - 10.00 2012 2012 31-37-00-00009-1180-00019/0 - !REDLANDS CHRISTIAN MIGRANT - 6,155.59 2012 2012 '31-37-00-00009-1270-00001/0 - - CITY OF FELLSMERE --- --------------- - -- - 29.39 2012 2012 31-37-00-00009-1280-00008/0 --- - ;VIEYRA ANTONIO GUILLER MINA -Y- 0.73 2012 T 2012 '31-37-00-00009-1370-00006/0 _ +C TY OF FELLSMERE (114.35 _- -- 2012 2012 _---- ._ . 31-37-00-000091440-000010 ,- .---- - --__- .- _ -_ ---- -- _ _ _ LCITY OF FELLSMERE 29.39 2012 ! 2012 31-38-11-00001-1380-00017/0 - ;INDIAN RIVER COUNTY 930.67 2012 - -- 2012 --- :31-38-11-00002-1080-00007/0 _ . ---- ;GILLIAMS DAMIEN H * BONNIE 1,314.46 2012 2012 31-38-11-00003-0090-00019/0 - _ ;FEY HAROLD 3.75 2012 _ 2012 31-38-12-00005-0001-00000/0 - - ;ARTWELLGR---OVES- H O ! 830.71 2012 2012 :31-38-12-00005-5030-00008/0 -- -INC-- - -C - - --- ---- VON STEGERT EVELYN & -" r 315.49 2012 2012 31-38-13-00001 2290-00012/0 BILBREY JOHN BAXTER & * 195.05 2012 2012 '31-38-14-00000-3000-00002/1 !BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 54.79 2012 2012 31-38-23-00000-3000-00006/0 INDIAN RIVER COUNTY (1/2) & 2012 2012 31-38-24-00001-2760-00025/0 INDIAN RIVER COUNTY 364.32 2012 2012 31-38-27-00006-0180-00007/0WAGNER _.. 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HALL ROBERT G (1/2) & _ ---- - 2012 2012 31-39-15-00021-0450-00007/1 - --- - WINDSOR PROPERTIES - - - .0.14 2012 _. 201231-39-17-00000-0020-00029/2 4_- ._ ...-- _ - - +--- - - - - -- - - !CONDE CLARENCE P * -- ---- ---- - - _ _ _24.72 7,04 2012 2012 31-39-17-00000-0020-00029/3 rJORDAN-WILLIA-M O-CAROLE- JEAN- -- 10.46 2012 2012 31-39-19-00001-4430-00023/0 'ATKINS HARVEY R SR JOYCE A * 758.82 2012 2012 31-3§-20-00000 1000-00022/2 FISCHER HENRY A 12.36 2012 2012 31-39 20 00000 7000-00003/4 GATOR INVESTMENTS GROUP INC * 1,367.65 2012 2012 .31-39-21-00000-0030-00001/1 GATOR INVESTMENT PARTNERS LIMITED PARTNERSHIP * _ 3,056.10 2012 2012 31-39-25-00007-0010-00107/0 PILGRIM BRIAN* LINDA ! 314.37 2012 2012 31-39-26-00003-0000-00304/0 :GOLD JON M & 502.93 2012 2012 31-39-28-00006-0020-00006/0 CARNEAL CHARLES W (DEC)* - ------ - - -- 21.64 2012 2012 31-39-28-00006-0090-00001/0510 --------- - ----- LLC - - -- ------ - --- --------- ---- 55_51 2012 2012 31-39-29-00000-3000-00001/0 --------- -- -- - -- W WABASSO CEMETERY ASSOC INC --:---- 29.39 2012 2012 31-39-29-00000-3000-00011/0 DAWSEY WOODROW 20.96 2012 2012 31-39-29-00000-3000-00012/0 DAWSEY WOODROW 20.96 2012 2012 31-39-30-00001-0000-00001/0 ;ABT MICHAEL C TAFFI * ! 14.58 2012 2012 31-39-30-00001-0000-00002/0 - -YABT MICHAEL C_ TAFFI * 14.58 2012 2012 FORD BILLIE L CHRISTINE L 26.43 2012 2012 '31739-31-00000-7000-00010/2 31-39-32-00000-5000-00004/0 jVAN ANTWERP FLORRIE (TR) - -- t 25.62 2012 2012 31-39-33-00000-3000-00008/0 - _ - TR OF HEAVENLY CHURCH OF FIRST BORN 18.52 2012 2012 31-39-34-00000-0040-00001/0 AC VERO BEACH LLC 5,168.28 2012 2012 31-39-34-00000-0060-00001/0 SEACREST ESTATES INC * 7.80 2012 2012 31-39-35-00004-0000-00106/0 GLOTZER DANIEL ROBIN M 1,378.01 2012 2012 31-39-36-00022-0000-00015/1 SMITH TREVOR (TRS) & 28,39 Page 2 of 9 16 2012 2012 32-38-29-00000-5000-00001/0HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & J_ ----6.40 12.48 --- 3.99 ----- 5.42 --8.49 1.43 19.51 _ 17.42 14.54 21.58 9.59 -- - 5.76 5.28 4.62 14.75 2.5.48 9.75 2012 2012 LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS INDIAN RIVER PROPERTY LP 17._7.1_ 2012 TAX ROLL ___. 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. - -- - 546.63 2012 2012 2012 33-39-11-00023-0000-00000/8 GAZLAY JAMES PATRICK * 42.96 2012 + 2012 33-39-11-00036-'0000-00213/0 INDIAN RIVER COUNTY 1,107.13 2012 2012 ,33-39-12-00000-1000-00042/0 LEWIS JESSIE G * & 13.57 --4-- --- - 2012 2012 :33-39-12-00000-1000-00042/1 BARATTINIP ----- 18.39 2012 2012 .33739-12-00000-3000-00039/0 ;STEWARTJAMES H (TR)-- -- 24.55 2012 2012 33-39-12-00000-3000-00039/1. GRIMM MANAGEMENT LTD PTNR -- _. __ ._ 3.06 2012 2012 33-39 12-00015 00OG-00011/1 --+CAIRNS JOHN S * MARLENE A __I _ 6.13 2012 2012 33-39-12-00043-0000-00001/0 VILLAGE WALK INC * _ ---:F-7--869.18 _ 12,27 2012 2012 33-39-12-00049-0000-00034/0 - - INDIAN RIVER COUNTY � 86.9.18 2012 2012 33-39-12-00052-0000-00002/0 KGP LLC ---" - __.86.60 2012 2012 33-39-13-00000-1000-00014/0 HEALTH CARE REIT INC 7,42 1. 2012 2012 ------- ,33-39-13-00000-1000-00039/0 - --- ------ PUTTICK ENTERPRISES INC ------ ---- 284.20 2012 ; 2012 33-39 13-00000 7000-00002/1- SCHLITT MARGUERITE M (1/2) & 6.13 2012 2012 `33-39-13-00000-7000-00046/0 •'KING RICHARD D * 301.66 2012 2012 33-39-13-00006-0010-00024/0 :DEBLASIOJEROME _.--._.-- 1,194.63 2012 2012 33-39-13-00022-0000-00001/0 PIONEER BAPTIST CHURCH INC 17.00 2012 2012 33-39-13-00022-0000-00002/0 PIONEER BAPTIST CHURCH INC 17.00 2012 2012 33-39-13-00032-0110-00201/0 GEMMITI VINCENT JANET 124.76 2012 2012 33-39-15-00001-0080-00019/0 CARINI EUGENE * OLIVE B •, 21.84 2012 2012 33-39-16-00001-0090-00010/1 TEMPLE BETH SHALOM OF VERO BEACH 17.00 2012 2012 33-39-16-00002-0010-00015/0 INDIAN RIVER COUNTY 319.49 2012 2012 133-39-17-00001-0070-0000 1/0 EDUCATION CAPITAL SOLUTIONS LLC * - 48,675.34 2012 201233-3918-00001-0050-00004/0 !TANKERSLEY TERRY LEE PATRICIA JOAN 18.30 2012 2012 .33-39-18-00001-0080-00003/1 SCHACHT & CO INC -_ 19.25 2012 2012 33-39-18-00001-0120-00001/0 41NOIAN RIVER COUNTY 29,39 2012 2012 33-39-21-00009-0000-00084/1 FREEMAN PAUL H (TR)* 23.13 2012 2012 33-39-21-00019-0000-00016/0 'DEBLASE THOMAS J (LE) SHIRLEY M (LE) - 8,07 2012 2012 33-39-23-00001-0030-00002/0 - INDIAN RIVER FARMS WATER CONTROL DISTRICT 41.55 2012 2012 33-39-23-00001-0090-00001/0 INDIAN RIVER COUNTY 75.47 2012 2012 33-39-23-00001-0160-00002/0 ATLAS FL I SPE LLC 2012 2012 33-39-24-00014-0000-00000/1 WOLFF GORDON RJR -2,668.05 12,27 2012 2012 33-39-24-00017-0000-00002/0 WRIGHTAM JENNY 168.84 2012 2012 33-39-24-00017-0000-00005/0 VERO BEACH WAREHOUSES 510 LLC 337.69 2012 2012 .33-39-25-00001-0020-00002/0 NEW PROSPECT MISSIONARY BAPT C ! 17.00 2012 2012 33-39-25-00006-0040-00013/0 PREMIER CHRISTIAN CHURCH 17.00 2012 2012 33-39-25-00006-0110-00002/0 NELSON INTL INDUSTRIES * 2,148.56 2012 _2012 33-39-25-00008-0008-00024/0 +PREMIER CHRISTIAN CHURCH 17.00 2012 2012 X'33-39-26-00001-0010-00002/1 - jTREASURE COAST COMMUNITY HEALTH INC 17.00 2012 2012 33-39-27-00007-0000-00001/0 - jVERO BEACH WAREHOUSES LLC - _ --_j 123.81 Page 6 of 9 20 LIST. ROLL YR TAX YR ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME 2012 2012 33-39-27-00008-0000-00000/1 :SMITH BRUCE L SUSAN 0 & 2012 2012 33-39-28-00001-0090-00002/0 'SEXTON AUDREY GRAVES (TR)(TOK)* 2012 2012 3-3--39-28-00-00-8--0000-0-0063/-0 TmccicOSKEY GEORGE & 2012 2012 33-39-313-00002-0150-0000_1/1__ ELISA ILGAN (TR)(TOK) 2012 20_12 33-40-05-00008-0001-00000/2 _MCLAUGHLIN CITY OF VERO BEACH 2012 2012 33-40-05-00008-0001-00000/4 F VERO BEACH 2 012- --'7- 2012 __ 1 ------ ---- 3i-40-05-00008-0002-OOOOO/ -- PRICE WILLIAM ROBERT JR CAROL L 2012 2012 -33-40-05-00008-0070-00011/0 LYONS PETER & 2012 2012 33-40-05-00009-0010-00001/0 T_lNDIA_NRIVE_R COUNTY 2012 2012 33-40-05-00010-0000-00000/1 !INDIAN RIVER LAND TRUST INC 2012 2012 33-40-16-00000-0030-00017/0 CITY OF VERO BEACH SUB STATIO 2012 2012 33-40-19-00000-1000-00001/4 VER0 BCH SHOP CNTR ASSOC LTD P 2012 2012 33-40-19-00001-0010-00002/1 :VISTA If INC * 2012 2012 33-40-21-00008-0000-00030/0 :MCBETH DONALD F (TRS)(QPRT)(R2025)& 2012 2012 33-40-34-00007-0000-00019/0 _j§�EL BRUCE RICHARD D * JANET C TOTAL TX 29.27 2,950.93 322.86 599.39 29.39. _29.39 _26.01 _700.23 21.20 2.57 29.39 3,230.56 ___ 10.99 5.674.20 2012 2012 33-40-21-00009-0000-00039/0 TAYLOR KATHLEEN E 3,978.39 75.54 2012 2012 33-40-22-00001-0001-00001/0 1 MANERA JOHN D (TR)(TOK)* .2012 4,541.70 2012 2012 33-40-28-00000-0030-00001/0 SOUTH PASSAGE ASSN INC 2012 11.61 2012 2012 :33-40-28-00000-0030-00003/0 SOUTH PASSAGE ASSN INC .02()4897 0000 29.87 2012 2012 33-40-2800000-0030-00004/0 ',SOUTH PASSAGE ASSN INC t 20.99 2012 2012 33-40-28-00000-0030-00005/0 ;ROE FAMILY BEACH PARTNERSHIP 20.82 2012 2012 2 0 33-48-00000- 0030-000 07/0 ATLANTIS PROPERTIES OF VERO BEACH LLC (2/3) & 2012 24.70 2012 2012 I . -7- . _... . - . - . 33-40-28-00000-0040-00005/0 ... - -1 iBAURSHAUNA 2012 4.84 2012 2012 :33-40-30-00008-0090-00402/0 EDLIN ANITA CAROL & 0220012 0000- 387.74 2012 2012 .33-4031-00008-0011-00008/0 7 ANNA MAE K (TRS)(TOK) QUICK WEIGHT LOSS CTR SAP INC' 8.05 2012 2012 33-40-34-00007-0000-00019/0 _j§�EL BRUCE RICHARD D * JANET C 1,532. - 88 950.52 2012 0221004 0000 TCF EQUIPMENT FINANCE INC !TOTAL REAL ESTATE-----___ - ------- 2012 271,043.17 2012. 2012 :0021468 0000 BULBQIZARDS 2012 339.02 2012 2012 0095010 0000 BOBBY'S BRASS RAIL INC BOBBY'S RESTAURANT & LOUNGE 00440710000 564,80 2012 2012 ;0119800 0000 GOLF ROUNDUP INC GATORLAND VISTAS INC HERITAGE VILLAGE MHP #5790 541.71 2012 2012 0132000 0000 KMART CORPORATION #7294 4.18 195.70 2012 2012 .0136780 0000 SHADE SHOP INC THE 519.22 2012 2012 :0187869 0000 VERO INSURANCE INC ------- ---- - - - ------- -- _ -.- - - I ___--- __-.._.___.l_ . __ __ - I - --i 1,039.10 - ---- 2012 2012 01894370000 tGIUSEPPE'S RESTAURANT INC GIUSEPPE'S REST & NY STYLE PIZZA 926.39 2012 2012 0189488 0000 'M COOPER & CO INC COOPER & CO 637.73 2012 2012 0197750 0000 :HYBRID SOURCES INC 216.72 2012_ 2012 ~0198605 0000 v" r VITEZ INC 14TH AVE STEAK HOUSE--.---.-- 535.08 2012 - 2012 - 0199510 0000 - . - QUINN& CANDLER CHTRD 6.91 201 2 2 012 0000 .0200676 !CITY ELECTRIC SUPPLY CO -1 -4103.60 2012 2012 020 0728 0 000 YC(3LASS ENTERPRISES INC WORLD OF VISION 506.80 2012 2012 0200827 0000 ;DEERE CREDIT INC 3,978.39 2012 2012 02010410000 INEXTEL SOUTH CORP SPRINT 158.59 .2012 2012 .0204106 - - 0000. '0204505 REGIS CORPORATION SMART STYLE #6435 510.82 2012 2012 0000WININ DIXIE STORE INC WINN DIXIE STORE #2354 283.22 2012 2012 .02()4897 0000 :PENNY PEDIATRICS INC PA 525.76 2012 2012 0207293 0000 WINN DIXIE STORES INC WINN DIXIE STORE #2366 573.43 2012 2012 0207666 0000 ISLAND TAN OF VERO INC -T 2012 2012 0210225 0000 SEBASTIAN HMA PHYSICIAN MANAGEMENT LLC HEART CENTER OFTHE TRI _507.07 3,286.02 2012 2012 0212426 0000 VERO BEACH BEEF'S INC BEEF O'BRADY'S 633.76 2012 2012 0218683 0000 BASS AGRICULTURAL APPLICATIONS INC 2,534.41 2012 2012 0220012 0000- LING -_ INC JB R - OBINSON - #2212 332.42 2012 2012 0220979 0000 QUICK WEIGHT LOSS CTR SAP INC' 595.17 2012 2012 0220999 0000 -ATLANTIC INVESTMENT -& MGMT INC - CLUBHOUSE BAR & GR - ILL 1,532. - 88 2012 2012 0221004 0000 TCF EQUIPMENT FINANCE INC 281.87 2012 2012 0221374 0000 FRANK E ALEXANDER JR & ASSOCIATES INC 748.34 2012 2012 .0042600 0000 E Z BREW COFFEE SERVICE INC 1.72 2012 2012 00440710000 COCA-COLA COMPANY THE 29.26 2012 2012 0059620 0000 GATORLAND VISTAS INC HERITAGE VILLAGE MHP #5790 27.29 2012 2012 0066852 0000 ROYAL CUP INC 4.18 2012 2012 0086225 0000 AMERICAN BOTTLING COMPANY THE 19.50 Page 7 of 9 21 Page 8 of 9 22 LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS 2012 TAX ROLL ROLL YR TAX YR ' ACCOUNT NUMBER_ CERTIFIED ROLL OWNER NAME - --+--- -- ---- -� TOTAL TAX 2012 2012 0101510 0000i CHEVRON USA INCA DIVISION OF CHEVRON USA INC -- 1.77 2012 2012 '01198000000 'GOLF ROUNDUP INC 28,77 2012 2012 0000 iVERO BEACH LAUNDRY INC VERO BEACH LAUNDRY 29.35 2012 2012 _0145533 0179900 0000 K C ENT OF VERO BEACH INC VERO GLASS & MIRROR 18.16 2012 2012 0189173 0000 -- ;HALLMARK MARKETING CORPORATION -011 17.51 2012 2012 .0191166 0000 - --------------- ---- - --- _...---- -- HALLMARK MARKETING CORPORATION -011 -...1-- --------- 15.58 2012 2012 01911710000 HALLMARK MARKETING CORPORATION -011 29.51 20121. 2012 0191673 0000 'JBT FOODTECH 2_8.05 2012 -.- 2012 ;0194909 0000 - GREENE'S CITRUS MANAGEMENT INC - - + - ----- -- - - 2,70 2012 -- 2012 _ 0195478 0000 _.. -- - - - - -- - - -- DAVIDSON JOHN T MD FRCS PA - - - --- - - -- - ? --- 9,5g 2012 2012 ..0196503 0000 --- - _ - IADT SECURITY SERVICES INC - - 23.51 2012 2012 0197866 0000 ;ABBOTT LABORATORIES INC 20.67 2012 2012 0197973 0000 UCO2 SUPPLY LLC 22.34 2012 2012 0198368 0000 I WABASHA LEASING LLC 2012 2012 0198605 0000 VT ITEZ INC 14TH AVE STEAK HOUSE _1_6.39 2,18 2012 2012 '01996380000 WABASHA LEASING LLC 5.15 2012 2012 0200728 0000 -.0201196-0000 EYEGLASS ENTERPRISES INC WORLD OF VISION 9,25 2012 2012 _. -I--------- ---- -- -------------+- OCE 1 AGISTICS INC ---- 6.39 2012 2012 020125640000 NORTHERN LEASING SYSTEMS INC 3.33 2012 _ _ 2012 0202566 0000 NORTHERN LEASING SYSTEMS INC _. 1-- -- - -- -� ---- 19.57 -- 2012 2012 0203070 0000 WILSNACK DVM ERIC A -HOMETOWN PET CARE CENTER INC PA 23.70 2012 2012 :0203317 0000 iSPINE & SPORT INSTITUTE INC 9,67 2012 2012 0203812 0000 CHEVRON U SA INC _.._._ -.._. - � 0.13 2012 2012 0204106 0000 [ REGIS CORPORATION SMART STYLE #6435 --- - 25.25 2012 2012 0204240 0000 TREASURE COAST INTERIORS INC CLIFTON FURNITURE j 17.59 2012 2012 0205210 0000 iADT SECURITY SERVICES INC 25.22 2012 2012 .0205715 0000 a-- -- -- ------------- - _ ;COUNTRYSIDE NORTH #6590 COUNTRYSIDE NORTH #6590 -- 16.01 2012 2012 0206135 0000 RIVER ONE INTL MARKETING LLC ! 24.37 2012 2.012 :020633S 0000 ;VERO BEACH BROADCASTERS LLC WTTB ~ 16.64 2012 2012 '0206577 0000 1AMERICAN HUTS INC PIZZA HUT DELIVERY #012580 18.22 2012 2012 0206662 0000 ;GW SERVICES INC DBA GLACIER WATER GLACIER WATER 20.89 2012 2012 0206716 0000 PITNEY BOWES INC I 27.44 2012 2012 ;0206795 0000 REDDY ICE CORPORATION 22.06 2012 2012 0206797 0000 -REDDY ICE CORPORATION 7,85 2012 2012 10206823 0000 jCHEVRON U S A INC _ - - - - - - - - - i - g,75 - 2012 2012 0206905 0000 FOCUS FOUR LLC FOCUS FOUR LLC 20.69 2012 _ 2012 0207666 0000 -- _ . . _ _ !ISLAND TAN OF VERO INC _ . . . _.. . ..------- ----- ------- - ! 10.19 2012 2012 0208324 0000 - -. _ COCA-COLA COMPANY THE r 1_2.14 2012 2012 0208349 0000 FIRST DATA MERCHANT SERVICES 9.50 2012 2012 0209879 0000 PEPSICO SALES INC 19.92 2012 2012 0209957 0000 CHEVRON U S A INC 6.37 2012 2012 0211174 0000 JMS FOODSERVICE LLC 24.49 2012 2012 0211175 0000 JMS FOODSERVICE LLC 26.18 2012 2012 .0211216 0000 CHEVRON U S A INC 0.85 2012 2012 0211217 0000 CHEVRON U S A INC 8.50 2012 2012 0211218 0000 CHEVRON US A INC 11.52 2012 ! 2012 0211303 0000 ' WESTERN UNION FINANCIAL SVCS 22.78 2012 2012 0211550 0000 GROUND CONTROL MAINTENANCE OF VERO BEACH INC 12.17 2012 2012 02127110000 CLINCH MOUNTAIN CORP PENNWOOD LODGE 17.87 2012 2012 0212743 0000 ADP INC 7,17 2012 2012 0212744 0000 ;ADP INC 28.15 2012 2012 0212903 0000 FLORIDA LASER LLC 26.73 2012 2012 0213952 0000 NEXTEL SOUTH CORP SPRINT 27.98 2012 2012 0217600 0000 DISH NETWORK LLC DISH NETWORK S.00 2012 2012 0218735 0000 NEXTEL SOUTH CORP SPRINT 10.13 2012 2012 0218738 0000 NEXTEL SOUTH CORP SPRINT 9,40 2012 2012 0218793 0000SEBASTIAN ENTERTAINMENT LLC 7.17 2012 2012 0218849 0000 ACTIVE LIFESTYLES WELLNESS CTR 23.05 2012 2012 0219500 0000 DELL FINANCIAL SERVICES LP 9,18 2012 2012 0219811 0000 NAIL FIRST 13.99 Page 8 of 9 22 Page 9 of 9 23 -1v .1-1 —mums\ 1 %AJLLt%, I LIF( LIST OF ERRORS INSOLVENCIES, DOUBLE ASSESSMENTS — 2012 TAX ROLL --- ROLL YR* TAX YR ACCOUNT NUMBER - - --- _. CERTIFIED ROLL OWNER NAME - TOTAL 2012 --- _ 2012 0220233 0000 - - -- --' -- -- - CHEVRON U S A INC -�- TAX 2012 -- 2012 0220235 0000 - - - ---- - .-- CHEVRON U S A INC -- 1- 0.84 - - - 2012 -- 2012 0220401 0000 T----- --------- ------ - ---- T -MOBILE SOUTH LLC T -MOBILE - - - - -_-_1.30 2012 2012 0220402 0000 ;T -MOBILE SOUTH LLC T -MOBILE ----- 5.02 2012 _ 2012 _. 0220444 0000 --------------------- RO�TECH OXYGEN AND MEDICAL EQUIPMENT INC ROTECH OXYGEN & MEDI 8.82 2012 __ 2012 0220458 0000 - - ----- WELLMED MEDICAL MANAGEMENT OF FLORIDA j- 2_0.75 2012 - 2012 - 0220480 0000 - - - --- - — _ -1- MATTRESS FIRM INC #5223 20.26 -'-- --- _._ TOTAL PERSONAL PROPERTY 25.41 _ -_-� 24,073.96 2012 2012 7100078-- ,GUARDIAN LEASING -CORPORATION 0.67 2012 2012 _ 7100105-------- --------- !FIRST UNION RAIL ------._-_— 2012 2012 7100219 --- --- ---- MOSIAC CROP NUTRITION (MOSAIC) �------- 1.97 2012 2012 7200026 -i— —` --------- ----- �G E RAILCAR SERVICES CORP �---------- 0 2012 2012 7200078 ------------------- GUARDIAN LEASING - - -T-.- _—_ - _•54 2012 2012 7200105 ----- --- - --- - -- ---- - - - - - UNION RAIL CORPORATION 0.20 - -- 2012 2012 7200200 __ _ - _ _ TROPICANA SALES INC 0.65 065 - 2012 2012 .7200219 _ - __ _. MOSIAC CROP NUTRITION (MOSAIC) 17.71 2012 2012 - 7300078 _ _ _ _. _._ ---._ -_ __ GUARDIAN LEASING - - 2.02 2012 - - 2012 7300105 - - - - - - _ FIRST UNION RAIL CORPORATION 1.16 2012 2012 7300219 - - - - - -- MOSIAC CROP NUTRITION (MOSAIC) 3.45 '-- 2012 -- 2012 7400078 _ - GUARDIAN LEASING 10.56 - 2012 2012 7400105 _ _ --- FIRST UNION RAIL CORPORATION 0 44 2012 2012 7400219 MOSIAC CROP NUTRITION (MOSAIC) 1.32 _.3 _ - - TOTAL CENTRALLY ASSESSED 4.03 - _-__-- 67.79 .79 .GRAND TOTAL Page 9 of 9 23 A Alan S. Polackwich, Sr., County Attorney William K DeBraal, Deputy County Attorney Consent Agenda - B. CC 07.016.13 Oce of all INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorne��(f DATE: July 8, 2013 ATTORNEY SUBJECT: Hiring of New Eminent Domain Attorney for CR 510 Improvement Project BACKGROUND. Ie County is about to embark on the CR 510 Improvement Project, which will involve takings (24 rights-of- way and 45 easements) related to 47 parcels of property. Concern has been expressed, by some administrative staff and one or more Commissioners, that prices paid by the County for parcels taken in the past on prior projects have been too high. That concern has led to a decision to try a new outside eminent domain attorney for the CR 510 project. After significant search efforts, the County Attorney's Office recommends that the County hire William P. Doney of the West Palm Beach law firm of Caldwell, Pacetti, Edwards, Schoech & Viator. Mr. Doney has considerable experience in such matters, including prior eminent domain representation of St. Lucie County, Martin County, and the City of West Palm Beach. County Attorney Alan Polackwich has spoken with the St. Lucie County Attorney who gives Mr. Doney a high recommendation. County Attorneys Polackwich and Reingold interviewed Mr. Doney and found him to be highly qualified and experienced. Mr. Doney's hourly rate is $225, which is higher than the rate charged by the County's previous outside eminent domain law firm ($185). APPROVED FOR JULY 16, 2013 B.C.C. MEETING CONSENTAGENDA CO ATTORNEY F.•IAttorneygirdaIGENEMLIB CCWVndaMemwTublic Works (Ounide Counsel).docc Indian River Co. Admin AgKoved Date Ill /t 3 Co. Atty. T. 9 • R Budget ( Dept. F1 / Risk Mgr. -- W Board of County Commissioners '":geTwo ly 8, 2013 A copy of Mr. Doney's resume, as well as a letter from Mr. Doney setting forth the terms of his engagement, is attached. RECOMMENDATION. The County Attorney's Office recommends that the Board of County Commissioners approve the hiring of William P. Doney to act as the County's outside eminent domain attorney for the CR 510 Improvement Project. ATTACHMENTS. Resume of William P. Doney Terms of Engagement Letter cM F.-UttomeyVj dcoGBNERALIB CCWgeadaU—tPubiic Works (Outside Couasei).d= 25 CALDWE LL PACE TTI EDWAIRDS SCHOECIH & VIATOIR LLP (W ATTORNEYS AT LAW MANLEY P. CALDWELL. JR KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR RUTH P. CLEMENTS WILLIAM P. DONEY FRANK S. PALEN JOHN A, WEIG OF COUNSEL BETSY S. BURDEN EDUCATION ONE CLEARLAKE CENTRE Z50 SOUTH AUSTRALIAN AVENUE SUITE 600 WEST PALM BEACH. FLORIDA 33401 RESUME OF WILLIAM P. DONEY doney@caldwelipacetti.com caldwelipacetti.com .ID. University of Pittsburgh School of Law,1977 BA, Economics, Bethany College, 1971 PARALEGALS MARY T. AODONA EMILIE PEARSON. CP www.caldwellpacatil.com TELEPHONE: (561) 655-0620 TELECOPIER:(561) 655.3775 RELEVANT EXPERIENCE AND ACCOMPLISHMENTS • Partner in the Firm of Caldwell Pacetti Edwards Schoech & Viator LLP (April 2010 to present) • Partner in the Finn of Vance, Doney & MacGibbon, P.A. (1983-2010) • Town Attorney- Town of Jupiter Inlet Colony (1983 to present) • Town Attorney - Town of Cloud Lake (1986 to present) • Assistant City Attorney - City of Boynton Beach; as outside counsel (1983 - 1986) • Represented the following governmental entities in various types of litigation, appeals and administrative matters: City of Delray Beach, City of Lake Worth, City of West Palm Beach, City of Boynton Beach, City of Riviera Beach, City of Sebastian, Town of Glen Ridge, Palm Beach County, Palm Beach Community College, State of Florida Department of Professional Regulation, West Palm Beach Community Redevelopment Agency, Delray Beach Community Redevelopment Agency, Acme Improvement District, Florida Inland Navigation District, Village of Wellington, City of Stuart, City of Palm Beach Gardens, Coquina Water Control District, West Villages Improvement District, East County Water Control District and Indian Trail Water Control District • Retained as outside counsel for the City of West Palm Beach and West Palm Beach CRA in eminent domain matters including assemblage of lands for City Place redevelopment project, the Palm Beach County Convention Center, fire stations, a police station, parking garages and roadway projects • Retained as outside counsel for the City of Delray Beach and the Delray Beach CRA in eminent domain matters including East and West Atlantic Avenue redevelopment projects, expansion of South County Courthouse, a tennis center, parking garages, roadway projects and the expansion of Old School Square historic property • Retained as outside counsel for St. Lucie County in eminent domain matters including acquiring land for airport expansion and roadway widening project • Retained as outside counsel for Martin County in an eminent domain matter concerning acquisition of road right-of-way. 26 (W ' Re resented the following governmental entities in eminent domain matters: Ci hof Stuart, Florida Inland Navigation District, Village of Wellington and City of Palm Beach Gardens • Represented numerous private property owners in eminent domain matters EMPLOYMENT Partner with Caldwell Pacetti Edwards Schoech & Viator LLP (April 2010- Present) • Practice consists primarily of representation of governmental entities and private individuals in eminent domain litigation • General real estate matters • General municipal/governmental representation and litigation Partner with Vance, Doney & MacGibbon, P.A. (1983 — March 2010) • Practice consists primarily of representation of governmental entities and private individuals in eminent domain litigation • General real estate matters • General municipal representation and litigation Assistant City Attorney with the City of West Palm Beach (1978 —1983) • General municipal practice and representation Board Advisor to Codes Enforcement Board, Pension Board, Zoning Board of Adjustment and Appeals, Civil Service Board and Contractor's Industry Licensing Board Litigation including eminent domain, general municipal, zoning and planning disputes, (W contraband forfeiture, personnel matters, personal injury and workers' compensation defense Associate with Scott, Burk, Royce & Harris (1977 —1978) • Zoning, planning and real estate matters FLORIDA BAR INVOLVEMENT • Member of the Steering Committee of the Florida Bar CLE Eminent Domain Practice and Procedure Manual, 7s' edition • Co-authored Chapter 4 "Necessity for the Taking" in CLE Manual References available upon request (W 2 CALDWELL PACETTI EDWARDS SCH0ECU & VIATOR LLP 27 OF COUNSEL BETSY S. BURDEN July 2, 2013 VIA U.S. MAIL & EMAIL Alan S. Polackwich, St. County Attorney 18.0127 1h Street Vero Beach, FL 32960=3365 Re: Proposal for Eminent Domain Legal Services Dear Alan: TELEPHONE: (561) 655-0620 TELECOPIER:t560 655-3775' L1 enjoyed my recent meeting With you; and Dylan Reingold. As I indicated to you, I am interested in performing legal services on be -half .of Indian Raver County concerning eminent domain and, if regtieszed, related subject areas: I understand that any such work would be on an as needed. bads_ If retained; I would bill the COurdy at the hourly rate of $225.00. Time is billed in .1. increments and on a monthly basis. I.n addition, co is and expenses such as courier and delivery fees, postage; photocopies; etcy would be billed`at cost. Please advise if you wotal4 lifeinformation or a more formai attorney - r addllonal client contract. I ain looking forward to. wotkirig with you and the County staff in the future. William P. Doney,, Esq. W;PDfstb CALDWELL PACETTI EDWARDS SCHOEC.H & VIATO-R LLP (W ATTORNEYS AT LAW MANLEY P. CALDWELL, JR. ONE CLEARLAKE CENTRE PARALEGALS KENNETH W. EDWARDS 250.SOUTH AUSTRALIAN AVENUE MARY T. ADOONA CHARLES F. SCHOECH SUITE 600 EMILIE PEARSON. CP MARY M. VIATOR RUTH P. CLEMENTS WEST PALM BEACH, FLORIDA 33401 WILLIAM P. DONEY www.catdweapacettj.com FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN July 2, 2013 VIA U.S. MAIL & EMAIL Alan S. Polackwich, St. County Attorney 18.0127 1h Street Vero Beach, FL 32960=3365 Re: Proposal for Eminent Domain Legal Services Dear Alan: TELEPHONE: (561) 655-0620 TELECOPIER:t560 655-3775' L1 enjoyed my recent meeting With you; and Dylan Reingold. As I indicated to you, I am interested in performing legal services on be -half .of Indian Raver County concerning eminent domain and, if regtieszed, related subject areas: I understand that any such work would be on an as needed. bads_ If retained; I would bill the COurdy at the hourly rate of $225.00. Time is billed in .1. increments and on a monthly basis. I.n addition, co is and expenses such as courier and delivery fees, postage; photocopies; etcy would be billed`at cost. Please advise if you wotal4 lifeinformation or a more formai attorney - r addllonal client contract. I ain looking forward to. wotkirig with you and the County staff in the future. William P. Doney,, Esq. W;PDfstb Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney CONSENT: 7/16/13 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners . ., THROU_GFi:— Alan S. Polackwich, Sr., County Attorney FROM: William K. DeBraal, Deputy County Attorney DATE: July 2, 2013 ATTORNEY SUBJECT: Approval of Agreement to Purchase and Sell Parcel 108 Estate of Earl Hobbs, Jr., 6420 491h Street, Vero Beach On March 5, 2013, the Board extended an unconditional offer to the Estate of Earl Hobbs, Jr. to purchase a 1.467 acre parcel of property to be used as right- of-way for the 66th Avenue improvement project. The offer also included a 0.0746 acre temporary construction easement. The Board offered to purchase the properties for $100,000. A resolution of necessity was approved at the same meeting. Mr. Hobbs passed away in January 2013 and part of his estate is comprised of a 33.159 acre parcel of property located at the northeast corner of 66th Avenue and 49th Street. The property is located outside the urban service boundary and is zoned A-1 Agricultural. The parcel contains a single family house together with a detached garage, detached carport and shed. None of the structures are affected by the take. The Hobbs Estate has accepted the purchase price offered for the property and easement. They have asked for payment of attorney's fees in the amount of $5,250 which is equal to 5.25% of the purchase price and $1,350 for engineering fees. Both fees are deemed reasonable by this office. In coordinating the approval of the purchase with the Estate, they have asked for the dirt excavated from the new drainage swale to be left on the remainder parcel and that the grade of the new driveways not exceed 5% slope. Public Works has approved these two minor requests. APPROVED FORS rl— g.C.0 MEETING - CONSE COUNTY ATTORNEY �.^,aia^ aivw Ga Approved Date adm(n. r Legal BudgetJ7*Dept. Risk Mgr. 29 MEMORANDUM —Hobbs Estate July 2, 2013 Page 12 Funding: Funding is budgeted and available from Traffic Impact Fees/District II/ROW/66th Ave- SR 60 to 49th Street, Acct #10215241-066120-06040. For FY 2012/13, $1,686,334 has been budgeted for ROW for this project, with $1,132,366 being expended year to date. This right-of-way acquisition is necessitated to accommodate new growth and development in the County. Recommendation: Staff recommends the Board approve the Agreement to Purchase and Sell for the right-of-way and temporary construction easement from the Hobbs Estate at a price of $106,600, inclusive of all fees and costs. Staff further recommends the Board make a finding that this expansion of 66th Avenue is necessary to accommodate growth in the County and such growth will benefit from the expansion Copies to: Brent Simon, Esq. Attorney for the Hobbs Estate 30 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND THE ESTATE OF EARL A. HOBBS, JR., BY SUSAN HOBBS, PERSONAL REPRESENTATIVE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2013, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("the County"), and the Estate of Earl A. Hobbs, Jr., by Susan Hobbs, Personal Representative, 6420 49th Street, Vero Beach, FL 32967 ("Seller"), who agree as follows: WHEREAS, the Estate of Earl A. Hobbs, Jr.,, owns property located at 6420 49th Street, Vero Beach, Florida, a sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, Earl A. Hobbs, Jr., passed away recently and his daughter, Susan Hobbs, has been appointed Personal Representative of the Estate. A copy of the Letters of Administration are attached as Exhibit "B" and incorporated 'by reference herein; and WHEREAS, the County, is scheduled to expand 66th Avenue and its side streets in the future and the road expansion will impact and affect the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue; and WHEREAS, the County has contacted the Seller and has offered to purchase an approximately 0.1.467 acre parcel of property from the Sellers to be used as right-of-way and a associated temporary construction easements (Parcel #105) as depicted on Exhibit "A" (collectively, the Property); and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, the Seller and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 31 2. Agreement to Purchase and Sell The Seller hereby agrees to sell to the County, (W and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property and associated temporary construction easements located at 6420 49th Street, Vero Beach, Florida and more specifically described as Parcel 105 in the sketch and legal description attached as Exhibit "A", containing approximately 1.467 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price Effective Date. The purchase price ("Purchase Price") for the Property shall be $100,000.00 (One Hundred Thousand Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title. Seller shall convey marketable title to the Property by Personal Representatives deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 32 (W 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms -and -conditions-- - hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 15 days following the execution of the contract by the Chairman of the Board of County Commissioners. With the written consent of the Sellers, the County or its agent shall be responsible for obtaining any partial releases or satisfactions of encumbrances on the Property. The closing date shall automatically be extended by a period of 30 days if the delay in closing is attributable to obtaining partial satisfaction and release of mortgage(s) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the encumbrance. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a Personal Representatives deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of their personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closinq Costs: Expenses. County or its agent shall be responsible for preparation of all Closing documents. 33 7.1 County shall pay the following expenses at Closing: (W 7.1.1 The cost of recording the Personal Representatives deed and any release, partial release or satisfaction obtained by Seller pursuant to this Agreement. - 7.1:2- -Documentary-Stamps- required to -be -affixed -to the- Person al- Representatives -deed; if----- - any. _- 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. (W 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Estate of Earl A. Hobbs, Jr. Attn: Susan Hobbs Personal Representative 6420491h Street Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as 4 34 provided in this paragraph. (W 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made. solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.1 8.9 Engineering Costs: The County shall pay engineering fees in the sum of $1,350 to Seller's engineer, Landon, Moree and Associates for engineering review work done on Seller's behalf.. 8.10 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Initials 9. Additional Responsibilities of the County. 9.1 Three driveways exist on the property. The County or its Contractor shall replace the eastern existing driveway with a similar size and type drive with a culvert underneath. Both the western and the eastern driveways shall have a slope no greater than 5% in the after condition. Seller shall permit the County or its contractor to come onto Seller's property either by license or temporary construction easement to do the work necessaryto keep the grades of the driveways less than 5%. 9.2 The attached road plans adjacent to the Seller's property are attached and incorporated herein as composite "Exhibit C". 9.3 The County shall pay at the time of closing to Brent Simon, P.A. attorneys for the Seller, the sum of 5.25% of the purchase price or $5,250.00 in full satisfaction of attorney's fees in this matter. 9.3 When digging the new drainage swale along 49th Street, the County or its contractor will place the excavated fill on the Hobbs property parallel to 49th Street and the fill will then become Seller's property. 35 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Deputy Clerk Approved: ESTATE OF EARL A. HOBBS, JR. By: Susan Hobbs Date Personal Representative ?sQe"ph A. Baird, Courit-yXaministrator Approved as to Form and Legal Sufficiency: William K. De raal, Deputy County Attorney C1 We Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Back EXHIBIT $I 1� A Indian River County GIS 1 rarceuu UwnerName PropertyAddress 32392000001005000001.0 HOBBS EARL A JR 6420 49TH ST VERO BEACH, FL 32967 Note- httn://www.irct)a.orL/PrintMa-o.asDx 2/26/2013 37 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP- NoT T(1 ¢ret c LEGAL DESCRIPTION: PARCEL 163 EXHIBIT R -a— a "� OWNER: EARL A. HOBBS, JR. A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 844, PAGE 2560 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 5, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1.467 ACRES, MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS do MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. WILBUR F. DIVINE PROFESSIONAL LAND LICENSE NO. 4190, DATE: 9/26/07 SURVEYOR AND MAPPER STATE OF FLORIDA NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND EASEMENTS OF RECORD. REV: 12/10/09 PROJECT M AGER I)EPAITIMM MANAGER SCALE. ' ARCADIS1001 ARCADIS U.S., INC. m ADDITIONAL R/W PROJECT NU 2081 Vista Parkway Tei: (561) 697-7000 Fax: (561) 697.7751 West Palm Beach, Ffts 33411 wwwzcadis-wmn SHEET 1 OF 3 WP001053 DRAWN BY BEJ ORAWWG NUMBER 1053SD163 itrol `•it EXHIBIT SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!7 �11�---J. LEGEND: o SEE SHEET 3 OF 3 II rn LLI O N ¢J w I to N J N ce N o w- SECTION 20-32-39 Lu 3W I M N 0 15 Q Q Ig ; TRACT 5 P.B. 2, PG. 25, w a o I S.L.C.R. N I� 10 OWNER: EARL A. HOBBS, JR. w `-4 ADDRESS: 6420 49TH STREET N `a oU a VERO BEACH, FL., 32966 1 I NWEST PID - 32392000001005000001.0 � LINE OF O.R.B. 844, PG. 2560 RQ ol� a TRACT 5 Z +1w J 1 NOV08' 10"E o a (Z 50.00 I STA: 706+60.23 O o "' OFFSET: 36.00 L N89'48'46"E 1278.2,3'(T) I710+0 ! 1 707+00 708+00 709+00 ® 711+00 712+00 S89-4846"W 1278.21'(T) 49th STREET J I I SOUTH LINE OF TRACT 5 SOUTH LINE OF SECTION 20-32-39 tu N89'48'46" E 60' SUB-LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS '- P.B. 2, PG. 25, S.L.C.R. STA: 706+59.95 I OFFSET: 14.00 R PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED Bf PCW PCW i" = 100' PCW SHEEP TITLE /26/07 DAWN BY ARCADIS N ARCADIS U.S., INC. m ADDITIONAL R/W PROJECT NUMBER DRAW WG NUMBER Q 2081 Vista Parkway West Palm Beach, FWxida 33411 Tel: (561) 697-7000 Fax: (561) 697-7751 wwwzcadb-m.com SHEET 2 OF 3 WPOO1053 1053SD163 W SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: Z - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY STA. - STATION S.L.C.R. - ST. LUCIE COUNTY RECORDS .. 0 N tu w w w cn zi �a LLJ Z J SECTION 20-32-39 TRACT 5 P.B. 2, PG. 25, S.L.C.R. OWNER: EARL A. HOBBS, JR. ADDRESS: 6420 49TH STREET VERO BEACH, FL., 32966 PID - 32392000001005000001.0 O.R.B. 844, PG. 2560 0 Lo cV + 0 N89'48'46" E 1278.23'(T) 163 13+00 714+00 715+00 716+00 I .M _ S8T48'46" W 1278.21'(T) . M EXHIBIT "A„ TRACT 6 P.B. 2, PG. S.L.C.R_ 717+00 718+00 7191+00 72( 49th STREET _ SOUTH LINE OF TRACT 5 SOUTH LINE OF SECTION 20-32-39 N89'48'46"E 60' SUB -LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. ARCADIS ARCADIS U.S., INC. 2061 Vista Parkway Tei: (561) 697-7000 Fam (561) 697-7751 West Palen Beach, Floft 33411 www.avadb-m.com STA: 719+38.32 OFFSET: 0.00 R 'ROJECT MANAGER DEPARTMENT MANAGER I SCALE: CHEC PCW PCW 1' = 100' PCW ;HEET TITLE I nen• nn.m ADDITIONAL R/W SHEET 3 OF 3 PROJECT NUMB WPOO1053 m DRAWING NUMBER 1053SD163 ELI EAST LINE OF-""� 3 TRACT 5 Z 0 o S00'09'29V 50.00' <,'�_ b STA: 719+38.62 OFFSET: 50.00 L\ 717+00 718+00 7191+00 72( 49th STREET _ SOUTH LINE OF TRACT 5 SOUTH LINE OF SECTION 20-32-39 N89'48'46"E 60' SUB -LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. ARCADIS ARCADIS U.S., INC. 2061 Vista Parkway Tei: (561) 697-7000 Fam (561) 697-7751 West Palen Beach, Floft 33411 www.avadb-m.com STA: 719+38.32 OFFSET: 0.00 R 'ROJECT MANAGER DEPARTMENT MANAGER I SCALE: CHEC PCW PCW 1' = 100' PCW ;HEET TITLE I nen• nn.m ADDITIONAL R/W SHEET 3 OF 3 PROJECT NUMB WPOO1053 m DRAWING NUMBER 1053SD163 ELI EXHIBI r "A" CRIPTION 0 Consisting of a 7 foot wide parcel (north/south) that is 400 feet in length (east/west) and located adjacent to the northwest portion of the part taken, Parcel 163; beginning adjacent to the northwest portion of proposed part taken and also includes an adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel, consisting of 3,250 square feet or 0.0746 acres. ............ ------ ................. ......... 41 120130012700 RECORDED IN THE RECORDS OF JEFFREY R SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER W FL, :K: 2647 PG: 696, 2/25/2013 11:13 AM IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF 312013CP00014 E Xf-f(8fT 13 FEE 20 PH 4s 07 F •-• - _ EARL HOBBS, JR A/K/A File No. Assigned to.. HAWL Y EARL A. HOBBS, JR. A/K/A Division PROBATE EARL AUSTIN HOBBS, JR. Deceased. OATH OF PERSONAL REPRESENTATIVE AND DESIGNATION AND ACCEPTANCE OF RESIDENT AGENT STATE OF FLORIDA COUNTY OF INDIAN RIVER I, SUSAN HOBBS (Affiant), state under oath that: 1. I am qualified within the provisions of Sections 733.302, 733.303 and 733.304 ofthe Florida Probate Code to serve as personal representative ofthe estate of EARL HOBBS, JR. A/K/A EARL.A. HOBBS, JR. A/K/A EARL AUSTIN HOBBS, JR., deceased. (W. 2. I will faithfully administer the estate of the decedent according to law. 3. My place of residence is 7245 - 37th Street, Vero Beach, Florida 32966, and my post office address is the same. 4. I hereby designate BURNEY J. CARTER, P.A., who is a member of The Florida Bar, who is a resident of INDIAN RIVER County, Florida, whose office address is 1623 N. U. S. Highway #1, Suite A-2, Sebastian, Florida 32958 and whose post office address is Post Office Box 780266, Sebastian, FL 32978-0266 as my agent for the service of process or notice in any action against me, either in my representative capacity, or personally, if the personal. action accrued in the administration of the estate. SUSAN HOBBS, Affiant Sworn to and subscribed to before me on r 2013, by Affiant, who is personally known to me or who produced as identification. No blic e o Flo a AstoBURNEyn #SEE 00334212 (Affix No 15, 2014 �o 42 'K: 2647 PG: 697 14 ACCEPTANCE I CERTIFY that I am a permanent resident of H�DIAN RIVER County, Florida, and my office address is as indicated above. I hereby accept the foregoing designation as Resident Agent. Signed on qua r'c- , 2013. B . CA R, P.A., Resident Agent 43 N `C 'R I I _fn r 0 m C l C `txwsr. cnwc. sro�. 0 Consent - 7/16/13 Office of a INDIAN RIVER COUNTY Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Alan S. Polackwich, Sr., County Attorney ®(�" FROM: William K DeBraal, Deputy County Attorney DATE: July 8, 2013 ATTORNEY SUBJECT: Amendment to Agreement to Purchase and Sell Real Estate William and Eva Graves On December 19, 2007 the Board approved an Agreement to Purchase and Sell Real Estate owned by William and Eva Graves ("the Graves") for right-of-way acquisition at 66th Avenue south of 8th Street. The County purchased 3.32 acres from the Graves for right-of-way and a stormwater retention pond. During the course of construction, the parties have found it desirable to change the improvements made to the property. The changes include relocation of a driveway and yard drain. The plans attached to the amended Agreement to Purchase and Sell Real Estate depict the changes to be made from the original agreement. Funding: There is no funding impact due to this amendment. Changes made to the road and yard drain do not reduce or increase any costs, they merely change the location of the improvements to be installed. Recommendation: Staff recommends the Board approve the Amended Agreement to Purchase and Sell Real Estate with the Graves and authorize the Chairman to sign the amended Agreement. c: Chuck Garris, Esq. APPROVED FOR q . i l . 13 B.C.0 MEETING - CONSENT GENOA COUNTY ATTORNEY Indiao River Co. A ► oved Date Admin. KW. ihih,15 Co. Atty. Budget j Dept. '7 ! Risk Mgr. 45 AMENDED AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AMENDED AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the I k �4 day of J..., L , 2013, by and between Indian River County, ' a political subdivision of the State of Florida ("County"), and William C. and Eva Z. Graves, IV, Husband and Wife, ("Sellers"), WHEREAS, the Parties entered into an Agreement to Purchase and Sell Real Estate on January 10, 2008 (Agreement) for right-of-way and property for a pond site for the 66th Avenue South Improvement Project; and WHEREAS, the County has commenced construction of the road project and construction of the pond on Seller's property; and WHEREAS, Paragraph 10 of the Agreement pertains to landscaping and fencing around the storm water pond on Seller's property;. and (W WHEREAS, the Parties agree to amend the Agreement to provide for changes in the fencing, irrigation, landscaping on the pond parcel and access road (driveway) on the Seller's property. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the Parties agree to amend the Agreement to Purchase and Sell Real Estate dated January 10, 2008 as follows: Now therefore, in consideration of the exchange of mutual consideration, the sufficiency of which is accepted, 1. The above recitations are true and correct and incorporated by reference herein. 2. Paragraph 10. Landscaping and Fencing the Pond is amended as follows: The County shall be responsible for the purchase and installation of a 6' high vinyl coated (black) chain link fence around the pond as depicted in Exhibit "A° attached and incorporated herein by reference. The County shall construct and install a new 20' wide (approx) 12" stabilized driveway that ties in with the existing driveway. The driveway shall also contain a 24' wide vinyl ie coatea k(pra(;K) cnain iinK stymy yaie. file new urrveway anu 5wniy Yate bnau uc constructed as depicted on Exhibit "A" attached and incorporated herein by reference. Sellers agree to convey a temporary construction easement to the County for the sole purpose of construction of the driveway and swing gate on Seller's property. The temporary construction easement shall terminate upon the completion of construction of the improvements. The landscaping and irrigation installed shall comply with the plans as depicted in Composite Exhibit "B" attached and incorporated herein by reference. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. SELLER: FLORIDA OMMISSIONERS By: 1-t%- C. )L"� William C. Graves, IV Date Signed: d t 8 (1 .? t Date Signed: p_ Approved as to form and legal sufficiency: INDIAN RIVER COUNTY, By: BOARD OF COUNTY Joseph E. Flescher, Chairman Date Signed: Attest: Jeffrey R. Smith Clerk of Court and Comptroller By Deputy Clerk Date Signed: Approved as to form and legal sufficiency: 47 Charles E. Garris Attorney for Sellers William K. DeBraal Deputy County Attorney - -- - -' - - -' :, 4n L 4e Mtl 4199—ii90196\51�3fOMd Nq$r110 'JNW33ngN3\r:VOM agand\;, ' I >- w zw I• 3�w oJQ 0 Q� L1J O ..z I� W ,moo R tw Ca o f U 1— �J w P= V) z cY� � ,Q- �� IU-Nc� Owz w° an >¢�O ��.�wz 1`. =a Iwm� o O�iQD lo..Zw A, x a� jLU biaRx MM't wzm�x a�`'L, all, 3C) -U: NOZN �W I Hyl - t IL II U �� IU �, _ >. +, ti. }` a ��� I• + z o [n O � � r 9 wLLI z � I I I II ePm " NJ..IIe.. 3, ZF 03 22' tq cr Q r O sst n sr I •� .. .. .r . ILU o N I Q Ix N •'' ` • aR -; ----------------- .'� 1 --_ -------_-_-_---tt c u)I �- t c I U ¢ ; Y. 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SMITH ,. Clerk of Circuit Court and Comptroller Finance Department 1 801 27th Street, Building A Vero Beach, Florida 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director ,B THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: July 3, 2013 SUBJECT: County Capital Asset Inventories Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit Court, Property Appraiser, Supervisor of Elections, and Tax Collector. Finance Department staff has completed a detailed physical inventory of nearly 4,800 pieces of equipment. Per Florida Statute 274.07, any assets that must be removed from the County inventory will be presented to the Board for approval. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. Recommendation: Staff recommends approval of the attached list of assets for deletion from the inventory system. Attachment: Schedule of Assets for Deletion APPROVED AGENDA ITEM: FOR: July 16, 2013 Indian River County roved Date Administrator '7/// /3 County Attorney Budget 7 1 Department Risk Management 54 ai4i E E L L f0 tC � L C O v E a > m° C: c m m m S1 c L L 'm' U C 00 U U U CO U) _m N N LD (V N O V N O O C O d r- O L J O O (D •; y 7 7 m a n E L m N N m o LL E t0 E E -o m o d d d d d m m L d 'C C m r� t0 f0 t0 N tQ t0 l6 p. cc m y N N °q T N N y N N N N m y y m m W m m m m m m m m c� m m E m o -O N N N N N N N 'O tu m m y y�` O 0 m d m d m m d •� O o 3 p c c c C c c L O O O C C 3 c L A 4 .vR C O O O O O O O C C C C y .y O N C C tyir N O 0 o o o o o N tQ f0 (6 O L OO c c L QUzzzzzzzUU0050wz�-Ouw M O O O O O O O O O O O O O O O O O O O N t0 m 0 0 0q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .- O N o o 0 o 0 0 6 6 6 6 6 6 6 66 6 6 O 6 t0 V E9 di di to f9 b9 fA t9 Hi E9 b9 fA tN to W3, fAfA fHNiO V Y f0 CN! EA O m O t0 M M tO N w 10 ,° O V ,O N N N n N .,m., `N OOOOONNOOONNNT m 0060 S p O ao �.Q Q O t0 a N N ro Q Q O N N N Q m� r�waom��tAtOMMaaaa m f6 0 O m 01 t0 � N Y 4_3) Q) co ;t0`m a CL m o o m p ° O O w m C 0) v) O_ a C -N c N o o m Y L J N N d m m n n t0 t0 N h C O a 'p �'d�`mmm000�wooJ.J. Sr -=E W l4tp N m m00a = o cc: ani a00 o cO°C°°f�>o-00n. Ujmmj cN OmDJ"o' vJ rn7 m am N(D `oa0)) a0) sc w H rnMcGe— 0 oZ E E m -o a 70 04E E m mXp . OO E E o o m N N N Q M M O co 0) t0 I, O ,O N 9 Q O O O f- w O N E t00 O O tn0 t^O t00 tnO c�O W N V V d w c)O m O m M to Q = N N N N N N N N N N N N N co N N O) O O M M N C Z N NO c2-NNN O N N N N N OE 'E') 'E4 N m C C V) N (a U1 N f; N y E c4 cccncncncn�� mm m E 0 0 0 0 0 0 0 0ca m t-' c a mEmEEmE gg mmaZiaZi m O C T T 7 0 V) W .0— _0 O_0_0 O OC OHO C C N (o m ° mmdmda�a�ma�m===E Eoo� u) �dL)00L) U0L wcnu_ LLUUfq 0 cq (1) 4 L6 (D r-6 6NN 55 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management Date: July 2, 2013 To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P.E., Public Works Director From: Lynn Williams, Facilities Manager/Project Manager Subject: Crime Scene Unit- Release of Retainage- Donadio and Associates BACKGROUND: On September 8, 2009, the Board approved a Professional Services Agreement with Af Donadio and Associates, P. A. to perform a spatial needs analysis and site master plan (Phase 1) and design of an evidence storage facility (Phase II) for the Sheriff. Work Order #1 in the amount of $27,500 included evaluation of the structures and systems for renovation as a solution to the space needs identified in the Phase I work. Professional fees for the construction and bidding documents for the reuse of existing building were approved by the Board in Work Order #2 in the amount of $219,802.00 on June 19, 2012. The agreement called for 10% retainage on all invoices for design services. Attached is a list of amounts which have been held. Donadio and Associates has requested release of amounts held on invoices for the design document phase of the work. With the project approaching 60% completion of the construction phase, staff supports this request. The Finance Department has confirmed the amounts requested. FUNDING: Funding is budgeted and available from Impact Fee/Retainage-Donadio/Crime Scene Bldg Renovation $6,610.95, Acct # 103-206000-01004 and Optional Sales Tax/Retainage-Donadio/Crime Scene Bldg Renovations $6,529.18, Acct# 315-206000- 01004 FAPublic Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Release of retainage donadio bcc 07-02-13.doc 56 PAGE TWO (W Agenda Item Crime Scene Unit- Release of Retainage- Donadio and Associates July 2, 2013 RECOMMENDATION: Staff recommends that the Board approve release of retainage in the amount of $13,130.14 for design work completed through March 2013 for the Crime Scene Unit project with funding from the sources listed above. ATTACHMENTS: Retainage Invoice Approved Agenda Item I Indian River Co. I ApgrovedDate For: July 16, 2013 Administration I Nw, Attorneyounty IW1 F FAPublic Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Release of 2 retainage donadio bcc 07-02-13.doc 57 Donadio and Associates, Architects, P.A. 609 17th Street Vero Beach, FL 32960 Phone: 772-794-2929 Fax: 772-562-8600 Retainage Invoice FOR: Indian River County Administration Building 1800 27th Sheet Vero Beach, FL 32960 Attention: Chris Mora, Public Works Director Project ID: [2011-34] Indian River County Sheriff's Department Crime Scene Building (Former Sun Sky Roofing Site) July 02, 2013 Billing Group ID: [002] Partial release of the Retainage being witheld for the Design Documents Phase. Phase II: Standard Architectural and Engineering Services 10%. RETAINAGE AMOUNT HAS BEEN WITHHELD FROM EACH INVOICE. Invoice Reference Invoice Retainage Retainage Amount Date Amount Balance Due 3816 Retainage for Invoice 3816 8/30/2012 $376.81 $376.81 $376.81 3821 Retainage for Invoice 3821 9/19/2012 $2,860.22 $2,860.22 $1,507.22 3834 Retainage for Invoice 3834 10/5/2012 $397.50 $397.50 $397.50 3837 Retainage for Invoice 3837 10/18/2012 $2,114.54 $2,114.54 $2,114.54 3845 Retainage for Invoice 3845 11/6/2012 $5,310.67 $5,310.67 $4,521.67 3851 Retainage for Invoice 3851 12/3/2012 $1,130.42 $1,130.42 $502.40 3873 Retainage for Invoice 3873 2/1/2013 $279.12 $279.12 $0.00 3887 Retainage for Invoice 3887 3/1/2013 $279.12 $279.12 $0.00 3899 Retainage for Invoice 3899 4/1/2013 $517.12 $517.12 $0.00 3910 Retainage for Invoice 3910 5/1/2013 $279.12 $279.12 $0.00 3921 Retainage for Invoice 3921 6/3/2013 $279.12 $279.12 $0.00 3931 Retainage for Invoice 3931 6/28/2013 $279.12 $279.12 $0.00 Billing Group Total: $14,102.88 $9,420.14 Page 1 58 Billing Group ID: [003] Partial release of the Retainage being witheld for the Design Documents Phase. Phase III: Additional Services 10% RETAINAGE AMOUNT HAS BEEN WITHHELD FROM EACH INVOICE. Invoice Reference Invoice Retainage Retainage Amount Date Amount Balance Due 3834 Retainage for Invoice 3834 10/5/2012 $88.00 $88.00 $0.00 3845 Retainage for Invoice 3845 11/6/2012 $2,655.00 $2,655.00 $2,400.00 3851 Retainage for Invoice 3851 12/3/2012 $1,101.00 $1,101.00 $660.00 3870 Retainage for Invoice 3870 1/8/2013 $98.00 $98.00 $0.00 3873 Retainage for Invoice 3873 2/1/2013 $487.50 $487.50 $487.50 3887 Retainage for Invoice 3887 3/1/2013 $162.50 $162.50 $162.50 Billing Group Total: ��$4,592.00 V $3,710.00 Retainage Total Due: $13,130.14 Page 2 59 Donadio and Associates, Architects, P.A. 609 17th Street Vero Beach Ft. 32960 Phone: 772-794-2929 Fax: 772-562-8600 Invoice To: Indian River County Administration Building 1800 27th Street Vero Beach FL 32960 Attention: Chris Mora, Public Works Director oAl' Invoice Number: Draft Invoice Date: July 02, 2013 Project: 2011-34 Indian River County Sheriff's Department Crime Scene Building (Former Sun Sky Roofing Site) Manager: Professional Services for the Period: 1/1/2011 to 7/31/2013 Project: 2011-34 Billing Group: 002 : Phased Fixed Fee C tract #: Partial release of the Retainnge behtg witheld for the Design Documents Phase. Phase Ii: Standard Architectural and Emgincering Services 10% RE'rAINAGE AiNIOUNT HAS BEEN Wrrlll-TELD F ROIN'l EACH INVOICE. Billing Fee: $149,402.00 Phase Schematic Design Design Development Construction Documents Bidding/Negotations Construction Administration Civil Engineering Phase Subtotal: A Phase Tee $18,840.30 $25,120.40 $50,240.80 $6,280.10 $25,120.40 $23,800.00 $149,402.00 Complete 100.00% 100.00% 100.00% 100.00% 66.67% 100.00% Tee Earned Prior Billing $18,840.30 $25,120.40 $50,240.80 $6,280.10 $16,746.95 $23,800.00 $141,028.55 $18,840.30 $25,120.40 $50,240.80 $6,280.10 $16,746.95 $23,800.00 $141,028.55 Billing Group Total: Current Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Z Donadio and Associates, Architects, RA. (W Project: 2011-34 Billing Group: 003: Phased Fixed Fee Contract #: PartinI release of the [Retainage being witheid for file Design Documents Phase. Invoice: Draft July 02, 2013 Page 2 Phase III: Additional Services 10% RE I'AINAGF AMOUNT HAS BEEN 1VITIMELD FROM MCH I\ 0wr.,. Billing Fee: $50,100.00 Phase Phase Fee Landscape Architectunal Services $9,800.00 Site and Building Identifications $4,200.00 Permitting Coordination Services $6,500.00 Cost Estimating: Design Development Phase $2,400.00 Cost Estimating: 75% Construction Document Ph, $3,200.00 Computer Cable System Design $11,200.00 Security Consultant $12,800.00 Phase Subtotal: $50,100.00 Connlete 90.00% 100.00% 100.00% 100.00% 0.00% 100.00% 100.00% Tee Earned Prior Billing $8,820.00 $4,200.00 $6;500.00 $2,400.00 $0.00 $11,200.00 $12,800.00 $45,920.00 $8,820.00 $4,200.00 $6,500.00 $2,400.00 $0.00 $11,200.00 $12,800.00 $45,920.00 ii •i� Current Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (W Billing Group Total: $0.00 Project Totals: **x Total Project Invoice Amount $0.00 Aged Receivables: Current 31-60 DUs 61-90 Days 91-120 Days > 120 Days $17,459.48 $0.00 $0.00 $0.00 $0.00 All invoices are (lire mon receipt. A late charge of 1.5% will be added to any tnrpaid balance after J5 (laps. A 61 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cl� FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Award of Bid No: 2013021 12th Street and 27th Avenue Intersection Improvements IRC Project No. 9334 DATE: July 1, 2013 DESCRIPTION AND CONDITIONS The proposed improvements to the 12th Street and 27th Avenue intersection consist of the milling and resurfacing of 12th Street approximately 1200 LF east and west of 27th Avenue and the addition of left turn lanes, eastbound and westbound on 12th Street at 27th Avenue. In order to add the turn lanes, the canal along the south side of 12th Street will be filled in with 60" RCP. Also included with the project is curbing, sidewalks, new traffic signal and pavement markings. The bid opening was held on May 8, 2013. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Timothy Rose Contracting, Inc. Vero Beach, FL $1,525,216.32 Dickerson Florida, Inc. Ft. Pierce, FL $1,712,177.90 Ranger Construction Industries, Inc. Ft. Pierce, FL $1,836,983.90** Community Asphalt Corporation Vero Beach, FL $1,891,619.94 Sunshine Land Design, Inc. Stuart, FL $2,061,087.28 **Denotes mathematical errors were found and bid amounts corrected. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,525,216.32. Timothy Rose Contracting, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. Timothy Rose Contracting, Inc. bid of $1,525,216.32 is within 0.62% of the Engineer's estimate. F^\Public Works\ENGINEERING DIVISION PROJECTS\933412th Street & 27th Avenue Intersection Improvements\Admim\agenda items\BCC Agenda Award 62 Page Two 12th Street and 27th Avenue Intersection Improvements (W For July 16, 2013 BCC Meeting FUNDING Funding in the amount of $391,861 is budgeted and available from Traffic Impact Fees/District 2, Account No. 10215241-066510-02033, 12th Street & 27th Avenue intersection, $1,119,256 from Optional Sales Tax, Account No. 31521441-066510-02033 and $14,100.00 from Utilities Account No. 47123536-044699-13518, derived from the R & R fund in the operating budget, which is derived from water and sewer revenues. ..... _ ...... . RECOMMENDATION Staff recommends that the Board (1) find that the improvements to the intersection at 12th Street and 27th Avenue are necessary to accommodate growth in the county, and the such growth will benefit from the improvements and (2) that the project be awarded to Timothy Rose Contracting, Inc., in the amount of $1,525,216.32. Staff further requests the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Timothy Rose Contracting, Inc. APPROVED AGENDA ITEM •' 1 f �k a . ti i 1 Indian River County ApprovId Date Administration 7/1//3 Budget 7 cJ Legal 7— Utilities _ Public Works '7 ` 8, ig Engineering �w` z J Purchasing '� . _ I F.\Public Works\ENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection Impmvements\Admim\agenda items\BCC Agenda Award 6 3 of Bid 7-I-2013.doc (W SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS IR 00520-1 00520 - Agreement (Public Works) SAMPLE.doc RAMPIlic rl r. ENGINEERING DIVISION PROJECTS19334-12th Street & 27th Avenue Intersection ImprovementslAdmimlagenda items100520 -Agreement (Public Works)64 CAMPI F tinr. SECTION 00520 - Agreement (Public Works) (W THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Documents. The Work is generally de The proposed improvements resurfacing of 12 Street approximate addition of left turn lanes, eastbound a I subject project will fill in the canal along included with this project is curbing, markings. ARTICLE 2 - THE PROJECT 2.01 in the Contract the milling and 27'h Avenue, the 27eh Avenue. The rth 60" RCP. Also I and pavement The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 12th Street and 27th Avenue Intersection Improvements. County Project Number: 9334 Bid Number: 2013021 Project Address 12th Street Indian River County, Florida ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - Agreement (Public Works) SAMPLE 00520-2 F:\Publlc Works\ENGINEERING DIVISION PROJECTS19334-12th Street & 27th Avenue Intersection Improvements\Admim\agends items\00520 -Agreement (Public Works) 6 5 SAMPLE.doc A. The Work will be substantially completed on or before the 180th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General (W Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 210th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the nce of this Agreement and that OWNER will suffer financial loss if the Work i completed within the times specified in paragraph 4.02 above, plus any extensions t f allow . in accordance with Article 12 of the General Conditions. Liquidated damages nG e for this portion of work. The parties also recognize the delays, ex nse, and di involved in proving in a legal proceeding the actual loss suffered by NER if the is not c pleted on time. Accordingly, instead of requiring any suc of, OWNE d CTOR agree that as liquidated damages for , It no penalty), CTOR shall pay OWNER $1,148.00 for each ar at after t e e specified in paragraph 4.02 for Substantial Com n until Work bst ly complete. After Substantial Completion, if CO RAC shall lett, re fail to complete the remaining Work within the C t Tim proper a on thereof granted by OWNER, CONTRACTOR shal NE 8.00 for each calendar day that expires after the time specified in parag for c etion and readiness for final payment until the Work is com eted and re f I pay ARTICLE 5 -CONTRACT 5.01 OWNER ay CON T mpletion of the Work in accordance with the Contract ts, an a t in t funds equal to the sum of the amounts determined aragr .01.A and summarized in paragraph 5.01.13, below: A. Work, a pri in NTRACTOR's Bid, attached hereto as an exhibit. B. E CONTRACT subject to additions and deductions provided in the Contract:: un Written ;WAmo ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 00520-3 00520 - Agreement (Public Works) SAMPLE.doc F:IPublic WorksIENGINEERINGDlVISION PROJECTS\9334-12th Street 8 27th Avenue Intersection Improvements\Admimlagenda items\00520 -Agreement (Public Works) SAMPLE.doc 6 6 A 6.03 0 The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at ?which County as OWNER has expended fifty percent (50%) of the total costonstruction services work purchased under the Contract Documents, tog all costs associated with existing change orders and other additions otion to the construction services work provided under the Contract Doc Pay Requests. ;h request for a progress pay all bmitted on plication for payment form supplied by O a e ap tion for pay - t shall contain the CONTRACTOR'S certifi All p ess p ents a on the basis of progress of the work m sure the s dule o . stablished, or in the case of unit price w sed mber of u completed. After fifty percent (50%) com and uant to Florida Statutes section 218.735(8)(d), the CON R ma bmit a pay request to the County as OWNER for u to one hal 2 e re ge held by the County as OWNER, and the Co OWNE I all ptly payment to the CONTRACTOR unless such re th ubje a good faith dispute; the subject of a claim pursuan o t sects 55.05(2005); or otherwise the subject of Maim or de b my as OWNER or the CONTRACTOR. The R ac edge where such retainage is attributable to the or mat suppll d by one or more subcontractors or suppliers, all ti remit payment of such retainage to those sup ers. Pursuant to Florida Statutes section 5), TRACTOR further acknowledges and agrees that: 1) OWNER shall receive immediate written notice of all decisions RACTOR to withhold retainage on any subcontractor at greater nt (5%) after fifty percent (50%) completion; and 2) will not seek release from the County as OWNER of the age until the final pay request. 6.04 Paragraphsl Wand 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work 00520 - Agreement (Public Works) SAMPLE.doc 00520 - 4 A F:1Public Works\ENGINEERING DIVISION PROJECTS19334-12th Street 8 27th Avenue Intersection ImprovementsWdmim\agenda items100520 -Agreement (Public Works) Vh SAMPLE.doc under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or -otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreeme following representations: A. CONTRACTOR has examined and carefully other related data identified in the Bidding Doc CONTRACTOR has visited the S general, local, and Site conditions Work. m C. CONTRACTOR is familiar with Regulations that may affect cost, IC E. CONTRACTOR subsurface cond in or relating to (except LhoKgi makes the and the as to the ice of the all federal, state, and local Laws and rmance of the Work. ) rdWs of explorations and tests of and all drawings of physical conditions tructures at or contiguous to the Site been identified in the Supplementary General Conditions and (2) reports and on, if any, at the Site which have been :)vided in paragraph 4.06 of the General N I KAC: I UK h tained and carefully studied (or assumes responsibility for having ),metilhods, r supplementary examinations, investigations, explorations, tests, Stu ing conditions (surface, subsurface, and Underground Facilities) at or contighe ite which may affect cost, progress, or performance of the Work or which reany aspect of the means, methods, techniques, sequences, and proceduresruction to be employed by CONTRACTOR, including applying the S metechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520 - Agreement (Public Works) SAMPLE.doc 00520-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection Improvements\Admimlagenda items\00520 -Agreement (Public Works) Vh SAMPLE.doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of theork. ARTI 9.01 A. Appendix A — Permits inclusive, bearing 12. CONTRACTOR'S BID (pages 1 to 8, inclusive) 13. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive); 00520 - Agreement (Public Works) SAMPLE.doc 00520.6 69 F:1Public WorksIENGINEERING DIVISION PROJECTS\9334-12th Street $ 27th Avenue Intersection ImprovementsWdmim\agenda items100520 -Agreement (Public Works) SAMPLE .doc 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: (W a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page 00632 —1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings i 10.02 Assignment of Contract A. No assignment by a party hereto of anm binding on another party hereto wi bound; and, specifically but without I that are due may not be assi d wi effect of this restriction may ited contrary in any written consent si the assignor from any duty or re Conditions. interests in tract will be nt of the p sought to be s tha be . due and moneys nsent the extent that the nd unless ecifically stated to the assignment will release or discharge Contract Documents. se� . is partners, successors, assigns, and Xtco%ven ,its partners,successors, assigns, and legal greements, and obligations contained in the F the Contract Documents held to be void or unenforceable under shall be deemed stricken, and all remaining provisions shall kbinding upon OWNER and CONTRACTOR, who agree that the 1l be reformed to replace such stricken provision or part thereof ;able provision that comes as close as possible to expressing the provision. A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) SAMPLE.doc 00520_ F:\Public Works\ENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection Improvements\Admim\agenda items\00520 -Agreement (Public Works) SAMPLE.doc 70 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All port their behalf. ions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissi Agreement). oners, which is the Effective Date of the OWNER: INDIAN RIVER COUNTY 0 0 Joseph E. Flescher, Chairman Joseph A. Baird, County Administrator APPROVED AS TO FORM AND SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer Jr., P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-8 00520 - Agreement (Public Works) SAMPLE RX Public WoricslENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection ImprovementslAdmim\agenda items\00520 SMP -Agreement (Public Works) AMPLE.doc 71 L41 TO: FROM: INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM Joseph Baird County Administrator Colleen Peterson Human Resources Manager DATE: July 8, 2013 SUBJECT: 2014 Holiday Schedule -/� - :; �7 For consideration by the Board of County Commissioners, the following is the proposed schedule of holidays for Indian River County employees for 2014: Holiday County Observance New Year's Day Wednesday, January 1, 2014 Good Friday Friday, April 18, 2014 Memorial Day Monday, May 26, 2014 Independence Day Friday, July 4, 2014 Labor Day Monday, September 1, 2014 Veterans Day Tuesday, November 11, 2014 Thanksgiving Day Thursday, November 27, 2014 Day after Thanksgiving Friday, November 28, 2014 Christmas Eve Fridays December 26. 2014 Observed Day after Christmas Christmas Day New Year's Day Thursday, December 25, 2014 Thursday, January 1, 2015 702 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: oseph Baird "un Administrator FROM: ColleNi Peterson Human esources Manager DATE: July 8, 2013,\ SUBJECT: 2014 Holiday §,zhedule For consideration by the Board schedule of holidays for Indian Holiday New Year's Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day APPROVED AGENDA ITEM FOR: BY: C CONSENT ,unty Commissioners, the following is the proposed County employees for 2014: County Observance •Wednesday, January 1, 2014 Fri y, April 18, 2014 Monda May 26, 2014 Friday, Jul 4, 2014 Monday, Septe ber 1, 2014 Tuesday, Novemb\4*t 11, 2014 Thursday, November y2.7, 2014 Friday, November 28, 20t14 Wednesday, December 24, 20,14 Thursday, December 25, 2014 Thursday, January 1, 2015 County Administrator Admin. Risk Approval GRIMM 7\2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D TMENT HEAD CONCURRENCE Robert M. Keating, A P; Co rti Development Director FROM: Sasan Rohani, AICP <j '4 Chief, Long -Range Planning DATE: July 9, 2012 SUBJECT Request for the Board of County Commissioners to Approve a Technical Assistance Grant Agreement between the Department of Economic Opportunity (DEO) and Indian River County It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2013. BACKGROUND On May 31, 2013, the Community Development Department submitted a Community Planning Technical Assistance grant letter of request to the Florida Department of Economic Opportunity (DEO) for implementation of several actions of the Gifford Neighborhood Plan. Subsequently, the Department of Economic Opportunity (DEO) approved the county's $25,000.00 Technical Assistance Grant and provided the county with a funding and program agreement. To obtain the approved grant funding, the Board of County Commissioners must now formally accept the grant and authorize the chairman to execute the attached agreement with DEO. DESCRIPTION AND CONDITIONS In 2002, the Board of County Commissioners adopted the Gifford Neighborhood Plan. One of the initiatives in that plan is to make streetscape improvements to Martin Luther King Boulevard (45th Street). That roadway is the Gifford community's "main street", an east -west collector road corridor that traverses the heart of Gifford and provides access to a range of institutional, commercial, and residential uses. 73 For a number of years, the county has set aside $200,000 in funds for 45th Street streetscape improvements. Those funds have not been expended to date, because there have been no design plans for the improvements. ANALYSIS With the $25,000.00 in Community Planning Technical Assistance Grant funding, the County proposes to contract with an urban design consultant to engage the Gifford community and develop a specific community-based design plan for the 45th Street corridor streetscape improvements. A scope of work and a description of the project deliverables are attached to the agreement. In this case, the Community Planning Technical Assistance Grant funding will provide Indian River County the financing necessary to prepare a much needed community-based design plan for 45th Street streetscape improvements. Those improvements will create a positive community image and expand economic development opportunities in the Gifford community. FUNDING All costs associated with this project will be funded through the grant. There is no required local match. CONCLUSION The proposed grant project will provide funding to develop a streetscape design plan for Martin Luther King Boulevard. As such, the grant will assist the county in implementing the Gifford Neighborhood Plan. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve the attached the Technical Assistance Grant Agreement between the Department of Economic Opportunity (DEO) and Indian River County and authorize the chairman to sign two copies of the agreement. ATTACHMENTS: 1. Technical Assistance Grant Agreement between the Department of Economic Opportunity (DEO) and Indian River County. 2. Grant Form ON 74 Approved Agenda Item: F� I:b] FACommunity Development\Gifford Plan\2013 DEO TA grant for 45th street\BCC item for DEO TA Grant .doc 75 =' L' �i�!�EIi M .`�R; FACommunity Development\Gifford Plan\2013 DEO TA grant for 45th street\BCC item for DEO TA Grant .doc 75 FUNDING AND PROGRAM AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND INDIAN RIVER COUNTY THIS FUNDING AND PROGRAM AGREEMENT ("Agreement"), by and between the DEPARTMENT OF ECONOMIC OPPORTUNITY (herein after referred to as the "DEPARTMENT") located at 107 East Madison Street, Tallahassee, Florida 32399-4120, and Indian River County (herein after referred to as the "RECIPIENT"), located at 1801 27`s Street Vero Beach, FL 32960, is made and entered into as of the date last signed below (the "Effective Date"). The DEPARTMENT and the RECIPIENT are sometimes hereinafter referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the 2013 Legislature appropriated recurring funds (the "Funds") from the Grants and Donations Trust Fund for the purpose of providing technical assistance to local governments for implementation of growth management planning efforts; and WHEREAS, the RECIPIENT acknowledges that this is a performance based funding program and represents that it possesses the requisite skills, knowledge, qualifications and experience to (W perform the tasks described herein; and WHEREAS, the DEPARTMENT and the RECIPIENT desire to enter into this Agreement with regard to the implementation of the funding and programs described herein; NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the Parties agree as follows: 1. PARTIES: The Parties and their respective addresses for purposes of this Agreement are as follows: For the DEPARTMENT: Department of Economic Opportunity Division of Community Development 107 East Madison Street, MSC 160 Tallahassee, Florida 32399-4120 Telephone Number (850) 717-8475 Facsimile Number (850) 717-8522 " `ATTACHMFNT 1 1 76 For the RECIPIENT: Robert M. Keating, AICP Community Development Director 180127 1h Street, Vero Beach, FL 32960 Phone: 772-226-1254 Fax: 772-978-1806 Email: bkeatinggircgov.com 2. AGREEMENT MANAGERS: The Parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement. All written approvals referenced in this Agreement must be obtained from the Parties' Agreement Managers or their designees. The DEPARTMENT Agreement Manager is Beth Frost and may be reached at telephone number (850) 717-8487. The RECIPIENT Agreement Manager is Robert M. Keating and may be reached at telephone number 772-226-1254 . Either Party may change its Agreement Manager at any time by written notice to the other. 3. TERM: This Agreement will commence as of the date last signed below (the "Effective Date") and, unless earlier terminated pursuant to the terms hereof, will expire on June 30, 2014. The (W RECIPIENT acknowledges this Agreement is subject to the availability of funds, legislative appropriations, statutory changes, and further conditioned upon its satisfactory performance of all duties and obligations hereunder, as determined by the DEPARTMENT. 4. NOTICES: a. All notices provided under or pursuant to this Agreement shall be in writing delivered to the Agreement Manager identified in paragraph 2 of this Agreement. Any such notice, demand, request, or other communication shall be effective only if and when it is received by the Agreement Manager. b. If the RECIPIENT is unable to perform any service or is unable to make use of any funds awarded for a service provided for under this Agreement, the RECIPIENT shall share this information with the DEPARTMENT within five (5) working days of the RECIPIENT's discovery of the shortfall. 5. AMENDMENT AND MODIFICATION: a. This Agreement may not be altered, modified, amended, or changed in any manner, except pursuant to a written agreement executed and delivered by each of the Parties. Additionally, any such modification, amendment or change shall be effective on the date of delivery or such later date as the Parties may agree therein. b. Modification of this Agreement or any notices permitted or required under this Agreement may be made by facsimile or other electronic transmission. Receipt of the facsimile transmission 2 77 shall for the purposes of this Agreement be deemed to be an original, including signatures. 6. EXHIBITS: Attached to and made a part of this Agreement are the following Exhibits; each of which is incorporated into and is an integral part of this Agreement: Exhibit A Scope of Work Exhibit B Payment Plan Exhibit C Audit Requirements 7. DUTIES AND OBLIGATIONS: a. The RECIPIENT shall develop and implement programs and strategies, including but not limited to, those services, programs, and activities more particularly described in Exhibit A, Scope of Work. b. The RECIPIENT shall avoid duplication of existing state and local services and activities and make a diligent effort to coordinate with other components of state and local economic development initiatives in connection with the development and implementation of the services; programs, and activities under this Agreement. c. Advertisements or other promotional materials funded by this Agreement will include reference and credit to the DEPARTMENT. 8. PAYMENT: a. Payments under this Agreement will be made to the RECIPIENT in accordance with applicable Florida laws and the General Appropriations Act for Fiscal Year 2013/14. The RECIPIENT acknowledges and agrees that only costs incurred on or after the Effective Date are eligible for payment under the funding of this Agreement. The RECIPIENT acknowledges that all funding under this Agreement shall be expended pursuant to this Agreement. Funding shall be distributed pursuant to the schedule shown in Exhibit B, Payment Plan. All payments shall be subject to the terms of this Agreement, including the Exhibits and the terms governing sanctions. b. Payments may be made to the RECIPIENT upon receipt and approval by the DEPARTMENT of: (1) an original invoice; (2) deliverables as described in Exhibit A, Scope of Work; (3) any additional documents required by this Agreement to have been submitted. 9. REPORTS: a. The RECIPIENT shall submit to the DEPARTMENT all reports and information, required in Exhibit A, Scope of Work. The documents, reports, and services called for in Exhibit A, Scope of Work, and other documents or information required by this Agreement must be received and accepted by the DEPARTMENT before payments to the RECIPIENT shall be due or payable. b. The DEPARTMENT expressly reserves the right to withhold payment to the RECIPIENT (aw until the documents, reports, and services required under this Agreement and by law are complete and acceptable to the DEPARTMENT. If this Agreement is extended or renewed beyond the original Agreement period, additional documents, reports, and services in accordance with the (W requirements of Exhibit A, Scope of Work, and other documents requested by the DEPARTMENT to cover the extended Agreement period shall be submitted by the RECIPIENT. 10. AVAILABILITY OF FUNDS: The DEPARTMENT's performance and obligation to pay under this Agreement is contingent upon an appropriation by the Legislature of the State of Florida for the specific purpose of funding the DEPARTMENT's obligations under this Agreement. In the event of a state revenue shortfall, the total funding may be reduced accordingly. The DEPARTMENT, in accordance with direction from the Governor and Legislature, shall be the final determiner of the availability of any funds. 11. BUDGET: Upon Agreement execution, the RECIPIENT shall submit to the DEPARTMENT for review, a line item budget for the project described in Exhibit A, Scope of Work, specifying the intended uses of the State's operating investment. 12. WOMEN AND MINORITY VENDORS: The RECIPIENT is encouraged to use small businesses, including minority and women -owned businesses as subcontractors or sub -vendors under this Agreement. The directory of certified minority and women -owned businesses can be accessed from the website of the Department of Management Services, Office of Supplier Diversity. The RECIPIENT shall report on a quarterly basis its expenditures with minority and women -owned businesses. The report shall contain the names and addresses of the minority and women -owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services; and the applicable code. If no expenditures were made to minority or women -owned businesses, The RECIPIENT shall submit a statement to this effect. 13. SUBCONTRACTS: a. The RECIPIENT shall be responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs, and activities under this Agreement. b. The RECIPIENT may, as appropriate and in compliance with applicable law, subcontract the performance of the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided, however, that the RECIPIENT shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. The RECIPIENT shall not enter into subcontracts in which the DEPARTMENT could be held liable to a subcontractor for any expenses or liabilities. THE RECIPIENT shall defend and hold the DEPARTMENT harmless of any liabilities incurred under any of the subcontracts entered into by the RECIPIENT. The RECIPIENT shall be liable for all work performed and all expenses incurred as a result of any subcontract. c. Any and all contracts that the RECIPIENT executes with a person or organization under 4 79 which such person or organization agreesto perform economic development services or similar (W business assistance services on behalf of the RECIPIENT shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract (including the provision of audit rights pursuant to Section 19, AUDITING RECORDS, Section 20, ACCESS TO RECORDS, and Exhibit C, AUDIT REQUIREMENTS when applicable), coordinate with other components of state and local economic development systems, and avoid duplication of existing state and local services and activities. d. Any and all contracts that the RECIPIENT executes with a person or organization shall include provisions whereby the RECIPIENT and the subcontractors expressly agree to abide by all local, state, and federal laws. e. The RECIPIENT will provide the DEPARTMENT with a list and copies of all material subcontracts, which means those entered into necessary to the performance of the RECIPIENT's functions and duties related to its core mission, issued in conjunction with the projects undertaken and funds expended in the performance of this Agreement. The RECIPIENT need not provide, unless specifically requested by the DEPARTMENT, non- material contracts entered into for the normal operation of the RECIPIENT. 14. INDEPENDENT CAPACITY OF CONTRACTOR: a. The Parties agree that the RECIPIENT, its officers, agents, and employees, in performance of this Agreement, shall act in the capacity of an independent contractor. The RECIPIENT agrees to take such steps as may be necessary to ensure that each subcontractor of the RECIPIENT will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the State of Florida. b. The RECIPIENT shall not pledge the State of Florida's nor the DEPARTMENT's credit not make the State of Florida or the DEPARTMENT a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 15. LIABILITY: The DEPARTMENT shall not assume any liability for the acts, omissions to act, or negligence of the RECIPIENT, its agents, servants, or employees. In all instances, the RECIPIENT shall be responsible for any injury or property damage resulting from any activities conducted by the RECIPIENT. 16. INDEMNIFICATION: The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the fullest extent permitted by law, from and against any and all claims or demands for damages resulting from personal injury, and damage to real or personal tangible property. Without exception, the RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the (W RECIPIENT. 17. NON-EXCLUSIVE RELATIONSHIP: The relationship between the Parties is a non-exclusive one which allows the RECIPIENT to engage in other activities, provided that all of the terms and conditions under this Agreement are strictly observed, including the avoidance of conflicts of interests. 18. RESPONSIBILITIES OF GOVERNING BOARD OR AUTHORITIES: The Parties agree that any information, including updates, reports, publications, studies, and any and all reasonably requested information, that is required by federal, state or local law shall be approved by those persons having the authority to do so prior to submission, and shall be signed only by those persons having the legal authority to do so or appropriately ratified by such an authority. 19. AUDITING RECORDS: a. The RECIPIENT shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by the DEPARTMENT and copies of the records shall be delivered to the DEPARTMENT upon request. b. The RECIPIENT agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Exhibit C, Audit Requirements. This provision is applicable because the RECIPIENT qualifies as a non -state entity as defined in Section 215.97(2)(m), Florida Statutes. c. The RECIPIENT shall include the audit and record keeping requirements described above and in Exhibit C in all subcontracts and assignments with sub -recipients of State funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "subrecipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes. d. The RECIPIENT shall maintain financial records related to funds paid by the RECIPIENT to any parties for work on the matters that are the subject of this Agreement as required by law. The RECIPIENT shall submit a written independent audit report to the DEPARTMENT specifically covering the period of Agreement expenditures pursuant to Sections 215.97 and 11.45, Florida Statutes, and other relevant laws. e. The RECIPIENT must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the DEPARTMENT within thirty (30) days of receipt by the RECIPIENT. f. Expenditures of state funds in accordance with this Agreement shall be in compliance with all laws, rules and regulations applicable to expenditures of state funds that are in effect at the time 6 81 of any such expenditure, including, but not limited to, the Reference Guide for State Expenditures found at http://www.fldfs.com/aadit/reference-guide/reference-guide.htm. g. The DEPARTMENT may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. h. The RECIPIENT shall inform the DEPARTMENT of the type of FINAL AUDIT REPORT that will be delivered at the end of the Agreement. Acceptable audits include: 1. Within forty-five (45) days following the completion of all of the Activities the RECIPIENT shall cause to be prepared at the RECIPIENT's expense and delivered to the DEPARTMENT a final audit report of an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, stating the professional opinion that the RECIPIENT has complied with this Agreement (the Final Audit Report). 2. In lieu of providing the Final Audit Report in such manner, if the RECIPIENT has an annual audit by an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, or if the RECIPIENT has a state single audit or state project -specific audit pursuant to Section 215.97, Florida Statutes (the Florida Single Audit Act), prepared for the fiscal year in which this Agreement concludes, the RECIPIENT may provide to the DEPARTMENT at the time when such audit is completed (but not more than 120 days following the end of the fiscal year of the RECIPIENT a report stating a professional opinion that the RECIPIENT has complied with this Agreement. 20. ACCESS TO RECORDS: a. The DEPARTMENT may perform on-site reviews to independently validate any information or reports submitted to the DEPARTMENT. The RECIPIENT shall allow the DEPARTMENT's Agreement Manager and other DEPARTMENT -authorized personnel access to any information and any other documents requested by the DEPARTMENT for purposes of monitoring the RECIPIENT's performance. b. The RECIPIENT shall, subject to the provisions of Chapter 119, Florida Statutes, and other relevant laws, permit public access to all documents or other materials prepared, developed or received by it in connection with the performance of its obligations or the exercise of its rights under this Agreement. This Agreement may be terminated by the DEPARTMENT if the RECIPIENT fails to allow such public access. 21. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in (W Leon County, Florida, applying Florida Law. 22. STRICT COMPLIANCE: (W The RECIPIENT agrees that all acts to g be performed by it in connection with this Agreement must be performed in strict conformity with all local, state and federal laws and regulations. 23. BREACHES AND REMEDIES: a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, the DEPARTMENT may exercise any remedies available at law or in equity, including, without limitation the right to (i) withhold and/or reduce funding to the RECIPIENT, and (ii) terminate this Agreement in accordance with the terms hereof. b. In the event that the Department determines that a material default by Recipient of the performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this Agreement or by law has occurred, the Department will provide notice and an opportunity to cure. Unless the notice states otherwise, based upon the Department's determination that the default must be cured immediately, the notice shall provide fifteen (15) calendar days following the date of notice within which to initiate action to correct the default and thirty (30) calendar days following the date of notice of default to either cure the default or demonstrate to the Department's satisfaction that corrective action is being taken that will likely result in curing the default within a period of time that the Department agrees is reasonable. In the event that the Recipient fails to cure the default within the timeframe established above, the Department may exercise any remedy available to it under the law or in equity, including, without limitation the right to terminate this Agreement immediately upon notice to the Recipient. c. Subject to compensation due the RECIPIENT for any work satisfactorily completed prior to any notice of termination, following the termination of this Agreement, all funds which as of that date were previously provided by the DEPARTMENT and not expended by the RECIPIENT shall revert to the State of Florida General Revenue Fund. The requirement for the return of and method of repayment of any remaining funds shall be at the sole discretion of the DEPARTMENT. 24. DISPUTE RESOLUTION: The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non -confrontational resolution of any and all disputes between them. If informal efforts are unsuccessful, the Parties agree to engage a mutually accepted volunteer mediator to assist them in resolving any outstanding issues. If, within a reasonable time after engaging a mutually accepted volunteer mediator, the Parties are unable to resolve any outstanding issues, the Parties agree that formal resolution, including but not limited to any remedies available at law or in equity may be sought. This paragraph shall not be construed as a limitation on paragraph 17, INDEMNIFICATION. 25. SEVERABILITY: If any term or provision of this Agreement is found to be illegal, invalid, or unenforceable, then such term or provision shall be severed from this Agreement. This Agreement and the rights and obligations of the Parties shall be construed as if this Agreement did not contain such severed term or provision, and this Agreement otherwise shall remain in full force and effect. 26. PRESERVATION OF REMEDIES: No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default under this Agreement will impair any such right, power, or remedy of either Party, nor will such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 27. DISCRIMINATORY VENDOR: The RECIPIENT affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the RECIPIENT been placed on the Discriminatory Vendor List. The RECIPIENT further agrees that it shall not violate such law during the term of this Agreement. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 28. NON-DISCRIMINATION: The RECIPIENT shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, race, sex, creed, color, handicap, national origin, or marital status. The RECIPIENT shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 29. HARASSMENT -FREE WORKPLACE: The RECIPIENT shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 30. PUBLIC ENTITY CRIMES: The RECIPIENT affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the RECIPIENT been convicted of a Public Entity Crime. The RECIPIENT agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in accordance with Section 287.133(4). The RECIPIENT shall insert a provision in accordance with this Paragraph in all subcontracts for services in relation to this Agreement. 31. UNAUTHORIZED ALIENS The DEPARTMENT will consider the knowing employment of unauthorized aliens, as described in Section 274A(e) of the Immigration and Nationality Act,. by any RECIPIENT, cause for termination of this Agreement. Paragraph 23.b. does not apply regarding the employment of unauthorized aliens. The RECIPIENT shall insert a provision in accordance with this Section in all subcontracts for services in relation to this Agreement GRANT NAME: DEO Community Planning Technical Assistance Grant GRANT # AMOUNT OF GRANT: $25,000.00 LD RECEIVING GRANT: Community Development Department CONTACT PERSON: Sasan Rohani TELEPHONE: 772-226-1250 1. How long is the grant for? Until June 30, 2014 Starting Date: 8-1-2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes __X__No • If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant N/A 5. Grant match amount required R N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No • If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (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.) c. Acct. Description Position Position Position Position Position 011.12 Regular Salaries 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? • 10. What is the estimated cost of the grant to the county over five years? $000 .Signature of Preparer: t Date: 7/9/2013 ATTACHMENT 2 95 Grant Amount Other Match Costs Not Covered Match Total First Year $25,000.00 $------ $------ $25,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ .Signature of Preparer: t Date: 7/9/2013 ATTACHMENT 2 95 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works LW Division of Facilities Management Date: June 11, 2013 To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P.E., Public Works Director C-I_v,� From: Lynn Williams, Facilities Manager/Project Manager Subject: Crime Scene Facility Change Order # 3 P or Con ruction Company Evidence Compound BACKGROUND: An agreement with Proctor Construction Company (Proctor) to construct the IRC Crime Scene Facility located at 3885 41 st Street was approved by the Board on December 18, 2012. The original contract amount was for $1,299,317.00. Included within the contract amount is an owner contingency line item in the amount of $50,000.00. The contingency was established due to the uncertainty of renovating an existing structure and possible unforeseen conditions with existing underground facilities. Change Order #1 was approved April 23, 2013 (item 8J) with no change to the contract amount. Change Order #2 ($499,115) was approved at the June 18, 2013 meeting of the Board and added the Evidence Compound to the project. The attached Change Order #3 contains a total of 18 items impacting the project. These items have been accepted by the project team and are brought forward as a single change order for Board approval. The consultants have reviewed all items and I have received their concurrence. Change Proposal CSO -003 Item #1- Additional Air Conditioning Unit and Exhaust — (ADD $32,967.00) - This is change is required by the IRC Fire Prevention to add ventilation in the Vehicle Processing area of the Crime Scene Facility. Code requires ventilation of areas used for storage of vehicles in enclosed spaces. Item #2- Supply additional structural components — (ADD $5,089.44) - This change is required to reinforce the metal framing for installation of the HVAC system required in Item #1. Item #3- Additional side walk — (ADD $1, 564.00) — This change is required to provide a code compliant path of egress from the secondary egress exit. Item #4- Additional fill and grading — (ADD $1,500.00) -This change is required to add fill and grading for the installation of the additional side walk. The side walk is adjacent to an existing retention area. Item #5- Generator slab modifications — (ADD $2,040.00)- This change modifies the original (W concrete slab for the emergency generator and HVAC equipment to allow for the relocation of HVAC equipment (credit) and adding structural reinforcement to carry generator weight. FAPublic Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Change order#3 l G Proctor Construction crime scene 07-09-13.doc V Page Two Agenda Item for July 16, 2013 Crime Scene Facility Change Order # 3 Proctor Construction Company (W Evidence Compound Item #6- Condenser slabs — (ADD $5,460.00) - This change provides equipment concrete slabs and reinforcing walls to relocate HVAC condensing units. The slabs are directly adjacent to storm water retention areas. The relocation reduces the distance of the refrigerant piping and electrical. Item #7- Air compressor piping — (ADD $2,244.00) - This change provides for material and installation of compressed air from the compressor location to the evidence fume hood located in the evidence processing lab. Item #8 — Additional condensate piping — (ADD $1,045.00) - This change is related to the additional HVAC equipment required for the vehicle processing area and included installation of a drywell as required by code. Item #9- Security System — (ADD $7,170.00) - This change is to provide a partitioned electronic security system to the building to comply with the Security policies of the Sheriffs office. Item #10- Additional framing — (ADD $1,630.00) - This change is to provide additional interior framing for the relocation of exhaust and intake louvers due to modifications to add HVAC in vehicle processing area. Item #11- Change Plywood rating — (ADD $490.00) — This change is to replace existing plywood decking and add inner wall backing for mounted electronic equipment with fire (W retardant materials. Item #12 — Add two benches — (ADD $300.00)- This change adds two benches in the shower area of the restrooms to comply with ADA related building codes. Item #13- Added electrical/Data — (ADD $2,830.00) — This change adds electrical and data outlet locations in areas of the building as per Sheriff Staff walk through. Item #14 — Added electrical AHU-10 — (ADD $849.39)- This change provides electrical service to the HVAC equipment added to the Vehicle processing area. Item #15 — Added galvanized panels — (ADD $1,078.00)- This change increases the quantity of galvanized security mesh panels. Item #16- Added electrical — (ADD $276.65) — This change adds electrical outlets in the photo lab and includes a credit for shortening of other equipment circuits. Item #17 — Added electrical — (ADD $225.57) — This change extends the electrical service to AHU-1 which was relocated to avoid required access to evidence storage vault. Item #18 — Sewer line — (ADD $2,423.00) - The sewer line replacement authorized in COM was revised to lower the invert of the line. This requires a deeper trench and will require a gravel bed in the trench. Item #19- Owner contingency CREDIT — (DEDUCT $7,212.30) - This is the credit towards charges listed above and reduces the owner contingency amount to Zero Dollars. Misc — (ADD $11,043.98) 10% Overhead markup, 5% ,Profit markup, 1% Insurance markup,1% (W Bond markup. F:\PublicWorks\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Change order#3 2 Proctor Construction crime scene 07-09-13.doc 97 Page Three Agenda Item for July 16, 2013 (W Crime Scene Facility Change Order # 3 Proctor Construction Company Evidence Compound A ON Items 1-5 and items 8, 10, 11, 12, 14, and 18 are related to permit review comments. Modifications to the design drawings were implemented in response to the permit review requirements and were subsequent to bidding and contracting of the project. Items 7, 9, 13, 16 are owner generated changes after review of ongoing construction. Items 6, 15 and 17 are related to contractor inquiry of construction related details. Change Order # 3 has a net total of $73,013.73 including use of the remaining balance of the owners' contingency. FUNDING: Funding for this phase of the project is available in Optional Sales Tax/Facilities Mgmt/Crime Scene Unit Bldg Renovation, Acct# 31522019-066510-01004. For FY 12/13, total funding in the amount of $2,956,112 has been budgeted for the Crime Scene Unit Project with $1,990,157 encumbered or expended year to date. RECOMMENDATION: Staff recommends that the Board approve Change Order # 3 to the Crime Scene Facility contract with Proctor Construction Company in the amount of $73,013.73 including the use of owners' contingency balance increasing the contract amount to $1,827,452 and authorize the Chairman to execute the document. Approved Agenda Item For: July 16, 2013 B: Indian River Co. Approved Date Administration County Attorney Budget Department b Division 7 !0 f3 F:\Public Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Change order#3 3 Q Q Proctor Construction crime scene 07-09-13.doc J V o Proctor Constmellon Ca 2050 US-1Suite 200 VeroB each, Florida 32960 Telephone: (772)234.8164 Fax : (172) 234-8188 Prime Contract Change Order Detailed, Grouped by Each Number Indian River Crime Scene Investigation Facility Project # IRC-CS101/2013 Proctor Construction Co. 3885 41st Street Tel: 772.234.8164 Fax: 772.234.8188 Vero Beach. Florida 32960 Date: 7/9/2013 To Contractor: Proctor Construction Co. 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 The Contract is hereby revised by the following items: Building Department Changes PCO Description Architect's Project No: Contract Date: 1/4/2013 Contract Number: CSI -028 Change Order Number: 003 CSI -016 Permit Drawings and Building Department Changes The original Contract Value was....................................................................................................................... Sum of changes by prior Prime Contract Change Orders................................................................................ The Contract Value prior to this Prime Contract Change Order was................................................................ The Contract Value will be changed by this Prime Contract Change Order in the amount of .......................... The new Contract Value including this Prime Contract Change Order will be .................................................. The Contract duration will be changed by........................................................................................................ The revised Substantial Completion date as of this Prime Contract Change Order is ..................................... Donadio & Associates, Architects Proctor Construction Co. ARCHITECT 609 17th Street Vero Beach, FL 32960 _ Address By Anthon D _. DATE CONTRACTOR 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 Address By Do td-76lliver SIGNAT DATE /� '7 �, Prolog Manager Printed on: 7/9/2013 Prolog Main Office Amount 73,013.73 1,299,317.00 499,115.00 1,798,432.00 73,013.73 1,871,445.73 0 Days Indian River County Board of County Commissioners OWNER 1801 27th Street Vero Beach, FL 32960 Address Joseph E. Flescher SIGNATURE DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY Page 1 MMO LCTOR zruction Co. General Contractors CGC034069 2050 US -1 Suite 200, Vero Beach, Florida 32960 Telephone: (772) 234-8164 Fax: (772) 234-8188 www.proctorec.com A Monday, July 08, 2013 Mr. Lynn Williams Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: Potential Change Order Number CSI -016 Indian River Crime Scene Investigation Facility-IRC-CSI01/2013 Dear Mr. Williams, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number CSI -016, for the following extra work: Permit Drawings and Building Department Changes. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 Furnish and install (1) AHU-10 per $32,967.00 DYNAMIC building department request for make- up air in the Vehicle Storage Room. Furnish and install Exhaust Fan and Louver as per building department request. Material=$30,167 Labor—$2,800 002 Supply and install 8" 16 ga Purlins @ $5,089.44 RF 24'-0" long to support AHU-10, Supply and install (2) framed openings for new 24" x 24" louver including required trim, and 8" C -Channel 003 Furnish and install concrete for added $1,564.00 DOYLE Sidewalk as per building department request for building egress. 004 Extra import fill and grading for added $1,500.00 CATHCO sidewalk per plans revised 2/18/13 005 Credit for Generator Slab $1,440 (10' x $2,040.00 DOYLE 45'x 6") Plan Dated 12-3-12 Add for New Structural Slab $3,480 per ML Drawing Date 5-3-13 (11'-8 x 22'x 8") with # 4 @ 12" EW 7 (11'-8" x Tx 4") with wire mesh 006 Condenser Support Slabs and Stem $5,460.00 DOYLE Walls (6-10" x 23'x 4") (4'-5" x 21- 5"x 4" 007 Furnish and install compressor line in $2,244.00 SNYDER copper to Owner's Hood 160'3/4" copper 008 Furnish and install ]-1/2 PVC $1,045.00 SNYDER condensate for AHU-10 to new dryweIl for vehicle storage bay. 009 Furnish and install turn -key eight $7,170.00 CELEC partition security system as per regulator request thru Sheriff Department. 010 Furnish and install Framing for louver $1,630.00 PP and exhaust fans 011 Chane plywood backing for the $490.00 PP 100 Total Amount $73,013.73 Days Requested 0 This Change Order Request includes but is not limited to, the following qualifications and/or clarifications: Work specifically outlined within the summary included in each subcontractors change order request. 2. This proposal includes the building department comments included in the permit drawings dated 1-14-13. 3. This proposal includes a credit against the Owner Contingency of $7,212.30. The Owner contingency has now been reduced to $0. 4. If you have any questions regarding this Change Order Request, please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Please sign below signifying approval to proceed with the above stated scope of work. Architect Owner Date Date 101 Photography Equipment per Keyed Note 08 on sheet A2.11, and the plywood decking on the framed platforms per section details 1, 2, 3 on sheet A4.21 from non fire retardant plywood 012 Add for (2) Laminated 42" x 20" bench $300.00 BRAKIT seats 013 Added Electrical/Data/Receptacles in $2,830.00 CELEC CST Conference Rm, Imaging Rm. Computer Rm, Photo Study, Training Rm, Rm 116 per Sheriff Department request in on-site walk-thru. 014 Provide added power for the AHU-10 $849.39 CELEC and Exhaust Fan 015 Added Galvanized Panels in Areas $1,078.00 PP exposed not included in previous PCO 016 Provide (2) new home run circuits to $276.65 CELEC Photo, Relocate CU runs (4), Credit for Shortened CU run. Add One (1) 30 arnp Twist Lock Receptacle 017 Relocated AHU extended. electrical $225.57 CELEC conduit and wire 50'. 018 RFI 18- Changes to New Sanitary Line $2,423.00 CATHCO due to invert out of the building lowering 019 Owner Contingency Credit # 2- ($7,212.30) PCC Balance $7,212.30 Level 1 10.00% Overhead Marku $6,196.98 Level 2 5.00% Profit Markup $3,408.34 Level 3 1.00% Insurance Markup $715.75 Level 4 1.00% Bond Markup $722.91 Total Amount $73,013.73 Days Requested 0 This Change Order Request includes but is not limited to, the following qualifications and/or clarifications: Work specifically outlined within the summary included in each subcontractors change order request. 2. This proposal includes the building department comments included in the permit drawings dated 1-14-13. 3. This proposal includes a credit against the Owner Contingency of $7,212.30. The Owner contingency has now been reduced to $0. 4. If you have any questions regarding this Change Order Request, please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Please sign below signifying approval to proceed with the above stated scope of work. Architect Owner Date Date 101 �4 DYNAMIC AIR QUALITY & COOLING 1120 17th Street qRO BEACH, FL 32960 72-567-2185 Name / Address Proctor Construction Indian River Crime Scene Lab Date Estimate # 4/10/2013 2110 [1N Project Description Qty Cost Total CHANGE ORDER ESTIMATE Material= $ 30,167.00 Labor = $ 2,800.00 ltl�jfinish and install One new Omega system also 32,967.00 32,967.00 known as Unit #10 Install exhaust fan and louver per plan. Tota $32,967.00 [1N CHANGE ORDER RF CONCRETE CONSTRUCTION, INC. ,. P.O. Box 650789, Vero Beach, Florida 32965 664 Old Dixie Highway, Vero Beach, Florida 32962 Phone: 772-567-3356 / Fax: 772-778-2142 Change Order Submitted to Project Name Date Proctor Construction Company IRC Sheriff's Crime Scene Facility April 23, 2013 Street Project location Change Order Number 1 2050 US Hwy, 1, Suite 200 Vero Beach, FL. (REVISED) City, State and Zip Telephone Vero Beach, FL. 32960 772-234-8164 Attn. Fax: Email.• Nick Bischoff 772-234-8188 nbischoff@proctorcc.com We hereby agree to make the change(s) specified below: Supply 4 .install Metal Build/ng Components to support new AHU and frame openings for added Louvers in a finished wall. 0 Supply & install 8" 16GA. Purlins @ 24'-0" long to support AHU-10. a Supply & install (2) Framed Openings for a 24" x 24" Louver. e Cut out Wall Panel and Insulation inside new openings e Supply & install J -Trim around all Framed Openings. 0 8" C -Channel with Clips will be used for all Framed Openings. Le All misc. Bolts, Nut's, screws, welding, Etc., are included 9 All Taxes, Freight and Trim Box MATERIAL TOTAL - $1,550.60 LABOR TOTAL - $2,400.00 TRIM BOX & FREIGHT COST - $475.00 TOTAL - $4,425.60 15% OH&P - $663.84 CHANGE ORDER TOTAL - $5,089.44 NOT -INCLUDED: 8" and 6" Exhaust/intakes a Damper We hereby agree to make the changes(s) specified above at this price: $5,318.75 Previous Contract Amount: Revised Contract Amount: RF CONCRETE CONSTRUCTION, INC. Authorized Signature ACCEPTANCE OF CHANGE ORDER —The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under the same terms and conditions as specified In original contract unless otherwise stipulated. DATE OF ACCEPTANCE: SIGMA 103 •DOYLE MASONRY INC. "PROPOSAL SHEET 105-13 Phone 772-464-2373 Fax #772464-0222 Concrete & Block Division BID TO: Proctor Construction Vero Beach, EL JOB SITE: IRCSO CSI Vero Beach, EL Permit Set ®f Drawft Adel Sidewalk per C-5 - $1,664.00 INCLUDED: FORMWORK, CONCRETE, LABOR & EQUIP. C,/C) DAT :5-6-13 PLAN: 2-12-93 REVISION: no ADDENDUM: no SHEETS: C's NOT INCLUDED: STRAPS, ANCHORS, J -BOLTS, STEEL COLUMNS, SITE WORK, BACKFILLING, WATERPROOFING, PERMITS OR TESTING NOTE: 1) MASONRY TO BE IN ACCORDANCE WITH "OSHA" REGULATIONS NOTE: 2) DUMPSTER I WATER BY GIC NOTE: 3) CMU TO BE ASTM -C-90 NOTE: 4) MORTAR - ASTM C270 TYPE M & S NOTE: 6) GROUT TO BE ASTM 0476 COARSE GROUT NOTE: 6) REINFORCING BARS ASTMA616, GRADE 60 Price Based on above Drawings & Specs Base Bid: $.00 ABOVE WITH BOND: ADD 3% AUT HO.RVED SIGNATURE: DEAN M. DOYLE NOTE: THIS -PROPOSAL MAY WIT- MR -AW . N BY -US IF NOT ACCENTED WITHIN 30 DAYS FROM DATE ABOVE 104 5550 41" STREET * VERO BE, FL 32967 x (772) 562-8814 R TAX (772) 562-0173 CHANGE ORDER. # 2 Date! March 28, 2013 To: Proctor Construction Company 2050 US 1-lighway 1, Suite 200 Vero Beach, FL 32960 Re: Indian River County *Cringe Scene Investigation facility We hereby agree to Make the following changes to the above referenced project> Extra import fill and grading for added sidewalk per plans revised 2/18/13 ADD $ 1,500.00 TOTAL CHANGE $1,500°00 A Subject to Existing Contract Conditions and Exclusions Pro ctor'Construction Company By Printed Name: Date Cathco -Inc. Matthew S. Eisert, as agent for Cathco, Inc. Date 105 DOYLE MASONRY INC. "PROPOSAL SHEET 136-13 Phone 772-464-2370 Fax #772-464-0222 BID TO: Proctor CorattPuction Vero Beach, FL JOEL SITE: IRCSO CSI Vero Beach, FL Condenser Slag DATE: 6-4-13 PLAN: 5-13 REVISION: no ADDENDUM: no SHEETS:M2.1SK1 1) Credit for Slab $1,440.00 (90'0"x45'0"x6") Plan Date 12-3-12 2) Add for New Structural Slab per ML Drawing Date 6-3-13 11'8"x22'0"x8" with #4 @122EUV & 11'8"x7'0"x4" with Dire $3,480.00 Condenser Support Slabs 1) Add for now Support Slab Per ML Drawings Date 5-8-13 6'10"x23'0"x4" with Footer, Block - $3,037.00 4'5"x21'6"x4" with Footer, Block - $2,423.00 INCLUDED: FORMWORK, CONCRETE, BLOCK, D&E, PUMPING, LABOR & EQUIPMENT NOT INCLUDED: STRAPS, ANCHORS, J -BOLTS, STEEL COLUMNS, SITE WORK, BACKFILLING, WATERPROOFING, DEMO, PILES, PERMITS OR TESTING NOTE: 1) MASONRY TO BE IN ACCORDANCE WITH "OSHA" REGULATIONS NOTE: 2) DUMPSTER / WATER BY GIC NOTE: 3) CMU TO BE ASTM -C-90 NOTE: 41 MORTAR - ASTM C270 TYPE M & S NOTE: 6) GROUT TO BE ASTM C476 COARSE GROUT NOTE: 6) REINFORCING BARS ASTMA615, GRADE 60 Price Based on above Drawings & Specs Base Bid: $.00 Above WITH BOND: $.00 (.03%) AUTHORIZED SIGNATURE: DEAN M. DOYLE NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS FROM DATE ABOVE 106 Snyder Plumbing ®f the Treasure Coast, Inca 1525 Old Dixie Highway d "Pro Beach, FL 32960 STATE OF FLORIDA LICENSE NUMBER CFC1425952 Name / Address Proctor Construction, Inc. 2050 US Hwy 1, Ste 200 Vero Beach, FL 32960 Description MEP COORDINATION PACKAGE Price to run compressor line in copper to owner's hood. 160' 3/4" copper, fittings, hangers - $724 Plumber + Helper @ $95/hr x 16hrs - $1520 Date Change Ord... 4/24/2013 6336 Project IRCo Crime Scene Facility Price to install 1-1/2" PVC condensate line to new drywell for vehicle evidence processing bays. PVC material and drywell - $525 Plumber @ $65/hr x 8hrs - $520 Signature . Phone # Fax # 772-569-3373 772-569-3055 $3,289.00 107 rn, Complete Alarm, Onto 637 Sebastian Blvd. Sebastian, Fl. 32958 Indian River: (772) 388-0533 Brevard: (321) 726-0601 St. Lucie: (772) 344-3444 Fax: (772) 388-2411 www.coml2leteelectricinc.com Date: May 21, 2013 Name: Proctor Construction Addr ess: City: Phone: Fax: Re: IRC. CSI. SECURITY Complete Alarm, Inc. Is Pleased To Present You, With The Quote Detailed Below: Scope of Work Provide and install an eight partition security system to include, Honeywell commercial controller, 4 Alfa key pads, 9, 360 degree motion detectors, 4 wall mount motion detectors, 6 door Aw contacts, 2 overhead door contacts, 1 outdoor horn strobe, j— hooks, cabling, testing and owner training. We will be programming the system for three partitions as follows, Partition one will be the IT room, two will be offices and garage, the third will be the evidence storage area. Parts lot $3,680.00 Labor $3,490.00 Total $7,170.00 Estimator: Bill Heemslcer k Payment Schedule: To Be Determined PAYMENT LIABIL TY Customer signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactory passing of any required inspection. If the invoice is not paid and the Contractor engages an attorney to enforce collection the customer agrees to pay all expenses including court costs and reasonable REQUEST FOR CHANGE DATE: 4/24/2013 RFC# 6 COMPLETE ELECTRIC, INC`4 FROM: W -V COMPANY NAME: PROCTOR CONSTRUCTION 6r <y�tr ADDRESS: 2050 US HWY 1, STE 200 T . VERO BEACH, FL 32960 PHONE: 772-234-8164 F 772-234-8188 FAX: - EV EMAIL: NBISCHOFF(a7PROCTORCC.COM``r 4i `r PROJECT NAME: IRC CRIME SCENE BLDG . This change must be signed and approved before any material is ordered and any associated work Is completed. ' Provide labor and install materials for requested changes detailed below: • MEP Coordination Package • Relocate AH U-1 to garage. • Extend conduit and wire approx. 50' MATERIALS: DESCRIPTION QTY EACH PRICE TOTAL SUBTOTAL: $88.29 7% TAX: $6.18 LABOR: TOTAL MATERIALS: $94.48 LOW VOLTAGE TECH 0 hrs. @ $36.89 per hr. = $0.00 FOREMAN 0 hrs. @ $34.42 per hr. = $0.00 JOURNEYMAN 2 hrs. @ $30.75 per hr, = $61.50 APPRENTICE 2 hrs. @ $19.66 per hr. = $39.32 LABORER 0 hrs. @ $14.75 per hr. = $0.00 LABOR SUBTOTAL: $100.82 MATERIALS AND LABOR SUBTOTAL: $195.30 EQUIPMENT RENTAL: $0.00 MARK-UP: (work by contractor) OVERHEAD: 10% $19.53 PROFIT: 5% $10.74 GRAND TOTAL: $225.57 DUE TO THE E)WENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 2 HRS Nron t Itabanx Customer Signalure signifies suthodxalfon of quoted undo and acceptance of payment liability. Payment Is due upon completion of =rk or satisradorly passing any required Inspections. If Inv lee Is not paid and Contractors engages atlomey to enforce collection, customer agrees to pay an expenses and court costs of fitigation Including courtvests and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. Customer further agrees that he may be sued In Indian (aver County, Fl Court ESTIMATOR: Matt Thomas Customer Signature DATE 117 attorney fees to be fixed by any court in which said attorney is required to appear. The Customer further agrees that he or she may be sued in an Indian River County, Florida Court, -------------------------------------- ----------------------------- Customer Signature Date File Name: F:\Quotes\Blank Quote—Text Style Complete Electric, Inc. Confidential. A 118 5550 41" STREES' Y VER® BE, FL 32967 Y (772) 562-8814 x FAX (772) 562-0173 CHANGE ORDER # 4 Date: June 17, 2013 To: Proctor Construction Company 2050 US Highway 1, Suite 200 Vero Beach, FL 32960 Re: Indian River County Crime Scene Investigation Facility We hereby agree to make the following changes to the above referenced project. Changes to Sewer Line Per Masterller & Moler, Inc. RFI Response Dated June 13, 2013 1. Extra Labor and Equipment Time ADD $ 700.00 (W 2. Stone for Trench Bedding at Water Table ADD $ 1,673.00 3. Adjust Floats ADD $ 50.00 A TOTAL CHANGE $ 2,423.00 Subject to Existing Contract Conditions and Exclusions Proctor Construction Company Ry Printed Name: Date Daie Cathco Inc. Matthew S. Eisen, as agent for Cathco, Inc. 119 CONSENT AGENDA INDIAN RIVER COUNTY 1z INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 8, 2013 SUBJECT: FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) APPROVAL OF DISTRIRVWON OF GRANT FUNDS FROM: Jason E. Brown l "" Director, Management & udgel BACKGROUND For the past twenty-two fiscal years, Indian River County has been allocated grant funds from the Florida Department of Law Enforcement to fund local anti-drug abuse programs. The County received a letter dated May 24, 2013 from the Florida Department of Law (W Enforcement (FDLE) stating that Indian River County has been allocated $68,509 in federal grant funds for FY 2013/2014 to fund local anti-drug abuse programs. This amount is a decrease from the current fiscal year when Indian River County received $71,497 in federal funds. The letter also requested that the Board serve as the coordinating unit of government in applying for the funds. At the commission meeting on June 11, 2013, the Board accepted the invitation to serve as the coordinating unit of government and named Jason E. Brown, Director of Management & Budget, as the contact person. For the current fiscal year (2012/2013), Indian River County was allocated $71,497 in federal grant funds, with no match requirement. Likewise, the fiscal year 2013/2014 grant amount of $68,509 will not carry a match requirement. The two programs currently funded are the Substance Awareness Council Drug Testing Program and the Multi -Agency Drug Enforcement Unit (M.A.C.E.). 120 Board of County Commissioners July 8, 2013 Page 2of2 PROPOSED FUNDING FOR FISCAL YEAR 2013/2014 The Substance Abuse Council Advisory Board recommended funding the programs listed below: Subgrantee: Indian River County Title of Project Total Indian River County Multi -Agency Criminal $57,934 Sheriff's Department Enforcement Unit (M.A.C.E.) Indian River County Substance Abuse/Awareness Drug Testing Program $10,575 Council TOTAL $68,509 The original, complete grant applications and copies of the grant applications are on file in the Board of County Commissioners office. Copies are also available in the Budget Office for review. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Substance Awareness Council Advisory Board's recommendations and authorize the Board Chairman to sign the letter approving distribution of the funds to M.A.C.E. and the Substance Awareness Council Drug Testing Program, along with the grant applications and other necessary related documents for submittal to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, prior to the deadline of Friday, August 2, 2013. ATTACHMENT Approval letter to Florida Dept. of Law Enforcement APPROVED AGENDA ITEM: BY: &. VJosuephlA. Baird onty Administrator FOR: July 16, 2013 Indian River County_ Approved Date Administrator 7/////,3 Legal Budget 7103 Department Risk Management 121 L A BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher Chairman District 2 Wesley S. Davis Vice Chairman District 1 July 16, 2013 Mr. Clayton H. Wilder, Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Mr. Wilder: Tim Zorc District 3 Peter D. O'Bryan District 4 Bob Solari District 5 In compliance with State of Florida Rule 91D-9, F.A.C., Indian River County approves the distribution of $68,509.00 of Federal Fiscal Year 2013 Edward Byrne Memorial JAG Program funds for the following projects within Indian River County: Subgrantee: Title of Project Dollar Amount Federal Funds Indian River Count Indian River County Multi -Agency Criminal Enforcement $57,934 Unit (M.A.C.E.) Indian River County Drug Testing $10,575 Substance Awareness Council TOTAL $68,509 Sincerely, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 122 GRANT NAME: Edward Byrne Memorial Justice Assistance Grant (JAG) Program AMOUNT OF GRANT: $68,509 GRANT # DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners CONTACT PERSON: Jason E. Brown TELEPHONE: 226- 1214 1. How long is the grant for? One Year Starting Date: October 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes __X___No If yes, does the grant allow the match to -be In -Kind services? Yes X No 4. Percentage of match to grant 0% 5. Grant match amount required $0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) A Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 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? Salary and Benefits Operating Costs Capital Total Costs Total First Year $68,509 $ $ $68,509 Second Year $ $ $ $ Third Year $ $ K $ $ Fourth Year $ $ $ 10. What is the estimated cost of the grant to the county over five years? R N/A Signature of Preparer: �— Date: July 10, 2013 123 Grant Amount Other Match Costs Not Covered Match Total First Year $68,509 $ $ $68,509 Second Year $ $ $ $ Third Year $ $ K $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ Signature of Preparer: �— Date: July 10, 2013 123 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator CONSENT AGENDA FROM: Christopher R. Mora, P.E., C-- . Public Works Director SUBJECT: North County Charter School Developer Agreement for Developer Contributions to Roadway Improvements on Old Dixie Highway DATE: July 9, 2013 DESCRIPTION AND CONDITIONS North County Charter School, Inc. has applied to build an addition to the existing North County Charter School, thereby increasing enrollment from 232 to 402 students. The school is located at 6640 Old Dixie Highway. In accordance with County Land Development Regulations, the school must construct a southbound left turn lane on Old Dixie Highway to accommodate additional traffic generated by the increased enrollment. The cost to construct the left turn lane is $48,927. The County is planning to resurface Old Dixie Highway in the same area that the left turn lane is to be constructed, and in approximately the same time frame. It would be mutually beneficial to both the County and the developer if the two projects were combined and built simultaneously. The attached developer agreement provides for the developer to pay the County $48,927 to build the left turn lane at the same time that the County resurfaces Old Dixie Highway. The payment must be made prior to the issuance of a certificate of occupancy for the new school facilities. FUNDING There is no fiscal impact to the County. R\Public Works\Luanne M\Agenda Items\North County Charter School Developer Agreement BCC 07-09-13.doc 124 North County Charter School Developer Agreement CONSENT AGENDA Item Page 2 ALTERNATIVES AND ANALYSIS The alternatives presented are: Alternative No. 1 Approve the Developer Agreement Alternative No. 2 Deny Approval RECOMMENDATIONS Staff recommends Alternative No. 1 — Approve the Developer Agreement. ATTACHMENT 1. Developer Agreement DISTRIBUTION Jason Brown, Budget Manager APPROVED AGENDA ITEM • 07/16/2013 - Indian River County ved Date Administration A,� Budget �b County Attorney Risk Management— Public Works / Traffic Engineering ' �,!/.3 F:\Public Works\Luanne M\Agenda Items\North County Charter School Developer Agreement BCC 07-09-13.doc 125 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA tw AND NORTH COUNTY CHARTER SCHOOL, INC. THIS AGREEMENT, entered this day of , 2013, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and NORTH COUNTY CHARTER SCHOOL, INC., a Florida Non Profit Corporation, 6640 Old Dixie Highway, Vero Beach, FL 32967, Telephone No. 772-794-1941, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to construct an addition to the existing North County Charter School that will increase enrollment from 232 students to 402 students. The site is located at 6640 Old Dixie highway, Vero Beach, FL. The Indian River County Project Number is 96080094 (Application number 70282), the legal description is attached as Exhibit "A" and incorporated herein by reference, and; WHEREAS, the DEVELOPER is required to construct a southbound left turn lane into the site from Old Dixie Highway due to the increase in enrollment; WHEREAS, the COUNTY is proposing to resurface Old Dixie Highway along the frontage of the North County Charter School; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the left turn lane improvements on Old Dixie Highway; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed southbound left turn lane on Old Dixie Highway improvements; WHEREAS, the COUNTY is requesting certain improvements to Old Dixie Highway that cannot be currently performed by DEVELOPER due to timing issues of the resurfacing project on Old Dixie Highway right-of-way; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The DEVELOPER shall pay to the COUNTY the sum of $48,927.00 prior to issuance of a Certificate of Operation for the expansion of the North County Charter School as a tcontribution for construction of the southbound left turn lane improvements on Old Dixie 126 CEJ 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 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 Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of 12013. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman APPROVED AS TO FORM ANDLEGALSUFFICIENCY BY COUNTY ATTORNY3 1 Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney F0 B.C.C. 07.16.13 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorne�j'�- DATE: July 9, 2013 ATTORNEY SU13JECT: Proposed Third Amendment to Facility Lease Agreement for Vero Sports Village BACKGROUND. On June 4, 2013, the Board of County Commissioners approved a Third Amendment to Facility Lease ,, Agreement for the Vero Sports Village ("Third Amendment"). The form of the Third Amendment had been circulated to and approved by the tenant, Verotown, LLC ("Verotown"), before presentation to the Board. After Board approval, the Third Amendment was signed by the Chairman, and sent to Verotown for signature. During the Verotown signature process, however, Verotown discovered that it had failed to request inclusion of an important income tax related provision. Specifically, section 11 of the Third Amendment states that all net income from Verotown's operations under the lease will either be invested in enhancements to the Sports Village, or paid over to the county at the end of the lease. As currently written, "net income" is calculated before taxes. However, under applicable tax laws, if Verotown has net income, it is required to allocate the net income to its partners/members, in accordance with their ownership shares. The partners/members are then required to pay personal income taxes on their allocated share of the Verotown income — even though, under the Third Amendment, they never actually receive any portion of the income. APPROVED FOR JULY 16, 2013 OUNTYA EY F.—yvnda*&VEULIB C CWgendaMemoslDodgen—(t Ml0.d" Indian River Co. • ved Date Admin. Co. Atty. e • 1; Budget Department -- Risk Management --- -- 133 Board of County Commissioners July 9, 2013 Page Two To mitigate this tax burden, Verotown has requested that the Third Amendment be revised to allow Verotown to distribute 30% of its taxable income to its partners/members, thereby providing them with funds to pay the taxes. The figure of 30% is a rough estimate of the amount of taxes that each partner/member will pay on his or her share of the income. County staff understands and appreciates this issue, and agrees that Verotown should be allowed to distribute funds to its partners/members so they can pay income taxes on their allocated share of the net income. County staff also notes that this concept — distributing funds to pay taxes on allocated, but not distributed, income — is not unique to Verotown. Many entities which are required by tax laws to allocate income to its owners — such as partnerships, sub -S corporations, limited liability companies, etc. — follow the same practice. Because Verotown has never signed the Third Amendment approved by the Board on June 4, the process to implement the change simply involves Board approval of a new version of the Third Amendment incorporating the change, and signature of the new version by both parties. A copy of the new version of the Third Amendment, with the change in section 11 highlighted, is attached. RECOMMENDATION. The County Attorney's Office and administrative staff recommend that the Board approve the new version of the Third Amendment to Facility Lease Agreement, and authorize the Chairman to sign it on behalf of the Board. ATTACHMENT(S). Proposed Third Amendment to Facility Lease Agreement ASP: LAC F..IAttorneyVlndnIGENERALIB C CIAgendo MemoslDodgen— (VBM IO.do 134 Prepared by, record and return to: Office of the County Attorney 1801 27h St., Vero Beach, FL 32960 (W Telephone: 772.226.1424 THIRD AMENDMENT TO FACILITY LEASE AGREEMENT THIS THIRD AMENDMENT is entered into as of this 4th day of June, 2013, by and between Indian River County, a political subdivision of the State of Florida ("County") and Verotown, LLC, a Delaware limited liability company authorized to do business in the State of Florida-("Verotown") WHEREAS, on or about May 1, 2009, the County and MiLB Vero Beach, LLC, a Florida limited liability company ("MiLB"), entered into the Facility Lease Agreement in which the County leased the Facility to MiLB, and granted to MiLB certain management rights with respect to the Facility, for a term of five years ending April 1, 2014 ("Original Lease"); and WHEREAS, on or about June 1, 2011, the County and MiLB entered into the First Amendment to Facility Lease Agreement ("First Amendment"); and on or about January 1, 2012, the County, MiLB and Verotown, entered into the Second Amendment to Facility Lease Agreement, in which, among other things, the rights and obligations of MiLB under the Original Lease and the First Amendment were assigned to Verotown ("Second Amendment"); and (W WHEREAS, pursuant to section 2.03 of the Original Lease as amended by the First Amendment and the Second Amendment, Verotown has an option to renew the lease for a renewal term of five years, commencing on May 1, 2014 and ending on April 30, 2019 ("Renewal Term"), which option Verotown desires to exercise in accordance with the terms of this Third Amendment to Facility Lease Agreement ("Third Amendment") (the Original Lease, First Amendment, Second Amendment and Third Amendmentare collectively referred to as the "Facility Lease Agreement"); and A WHEREAS, the County and Verotown reaffirm their desire to preserve the rich traditions and history of "Dodgertown" and the Facility, and recognize that the benefits to the local community of continuing baseball, athletic, conference and other activities at the Facility are unique and diverse, and include, without limitation, increased economic activity and employment opportunities, increased tourist trade and promotional opportunities, increased direct and indirect tax revenues, private sector payment of substantial maintenance and operation expenses which would otherwise burden local taxpayers, and other such benefits, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Page I of 6 135 1. Recitals. The above recitals are true and correct and are incorporated herein. (W 2. Definitions. Except as set forth herein, all capitalized terms shall have the same meaning as set forth in the Original Lease, the First Amendment and the Second Amendment. 3. Exercise of Option. Verotown hereby exercises its first renewal option set forth in section 2.03. The term of the Facility Lease Agreement is hereby extended for the period of the Renewal Term; provided, however, that, except as set forth in sections 5 and 15 below, this Third Amendment shall be effective commencing at the beginning of the Renewal Term. Between the date of this Third Amendment and the commencement of the Renewal Term, the terms and conditions of the Original Lease, as amended by the First Amendment and the Second Amendment, shall remain in full force and effect without regard to any amendment of such terms and conditions -set forth -in -this ThirdAmendment. 4. Rent. The amount of rent, set forth in section 2.04, shall remain the same during the Renewal Term. The parties acknowledge that the amount of such rent is based, in part, on (a) Verotown's payment of the substantial cost of maintenance and operation of the Facility, and other costs incurred in the performance of this Facility Lease Agreement, which costs would otherwise be a burden upon the taxpayers of Indian River County, and (b) Verotown's agreement with respect to net income, set forth in section 11 below. 5. Hotel Room Renovations. As of the date of this Third Amendment, Verotown has renovated 22 of the 89 hotel rooms included within the Facility. The County shall pay for or reimburse Verotown for the actual costs of the renovations of the remaining 67 rooms in an (W amount not to exceed $600,000. This amount shall not be funded with funds currently on deposit in the Capital Reserve Account, or required to be deposited by the County into the Capital Reserve Account in the future. At the election of the County, such renovations shall be undertaken by the County; otherwise, such renovations shall be undertaken by Verotown, in which case all books or records of Verotown relating to the renovations shall be open to inspection by the County upon reasonable request. Procurement of the contractor(s) to perform such renovations shall be by public bid, conducted by the County in accordance with applicable law. In the event that renovations are undertaken by Verotown, Verotown shall be reimbursed for all such renovation costs within the time periods set forth in the Florida Prompt Payment Act, §218.70, et seq, Florida Statutes; provided, however, that reimbursement shall be in accordance with the procedure set forth in this Facility Lease Agreement and the Capital Reserve Account Agreement, and upon submittal and review of supporting documentation. This section 5 shall be effective as of the date of this Third Amendment. 6. Contribution to Capital Reserve Account. Section 8.02(c) is hereby deleted and replaced with the following language: `Beginning with the first Renewal Term, the County shall deposit $250,000 per Lease Year into the Capital Reserve Account as a means of supplementing the Capital Reserve Account balance. Out of each $250,000 deposited into the Capital Reserve Account, and subject to the remaining terms of the Capital Reserve Account Agreement and this Facility Lease Agreement (a) there shall be no limit on the amount of such funds which may be used for any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction or improvement of the Facility which has a life expectancy of (bW Page 2 of 6 136 five or more years, or any other construction, reconstruction or improvement of "infrastructure" as that term is defined in §212.055(2)(d)(1), Florida Statutes ("Qualifying Expenses"), and (b) no (W more than $125,000 may be used for capital expenses or Repairs or Replacements (defined in accordance with section 8.02(b) of this Facility Lease Agreement, which shall include equipment used within the Facility for general maintenance, and shall not include motor vehicles licensed for use on the public roadways ) which are not Qualifying Expenses. Verotown shall not be required to make any capital contribution to the Capital Reserve Account. 7. Liquidated Damages. All references in the Facility Lease Agreement to Liquidated Damages are hereby deleted. Without limitation, section 10.05 is hereby deleted; provided, however, that each party shall remain liable for actual damages caused by an event of Default, as set forth in section 10. 8. Right of Termination. New section 10.05 is hereby added, as follows: "Notwithstanding any other provision herein, Verotown shall have the right to terminate the Facility Lease Agreement for any reason upon 120 days written notice to the County. Verotown shall fully perform the terms and conditions of the Facility Lease Agreement during the 120 day notice period. A termination by Verotown pursuant to this section 10.05 shall not be an event of Default." 9. Motor Vehicle Liability Insurance. The following language is added to the end of existing section 14.05(a): In addition, Verotown shall maintain, at its sole cost, commercial automobile insurance in an amount no less than $1 million combined single limits on (a) all motor vehicles owned by the County but operated by Verotown in connection with its use, management or operation. of the Facility, and (b) all motor vehicles owned or leased by Verotown and used in connection with its use, management or operation of the Facility. 10. Property Insurance. Verotown's obligation to maintain special form (all risk) property insurance, as set forth in section 14.05(b) is hereby deleted, and replaced with the following respective obligations of the parties: (a) the County may elect, at its own cost, to maintain property and casualty insurance upon the Facility, in such amounts as the County deems appropriate. In the event of a casualty or force majeure event resulting in the total or partial destruction of the Facility and the payment of insurance proceeds to the County, the County shall decide in its sole discretion whether to use such proceeds for the repair or replacement of the portion of the Facility so destroyed; provided, however, that in the event that the County decides not to use the insurance proceeds or other funds to repair or replace the Facility, Verotown shall have the right to terminate this Facility Lease Agreement immediately (i.e., without the 120 day notice referenced in section 8 above) if it determines in good faith that the Facility is no longer suitable for the purposes and operations described in section 5.01. Nothing in this subsection shall be construed as requiring the County to insure any property or assets owned by Verotown which are located at or used in connection with the Facility. Verotown shall be solely responsible for insuring its own property or assets. 11. Verotown's Net Income. Verotown shall use all Net Income (defined below) derived from its use, management and operation of the Facility to pay for enhancements or improvements to the Facility that Verotown deems reasonable or necessary in its sole discretion (W Page 3 of 6 137 (collectively "Enhancements"); provided, however, that any Enhancement which significantly (W and materially alters the Facility or the Land shall require the consent of the County, which consent shall not be unreasonably withheld. For the purposes of this section, the term Net Income, shall mean Earnings before Interest, Taxes, Depreciation and Amortization (EBITDA), determined in accordance with Generally Accepted Accounting Principles, less cash distributions to its partners/members equal to 30% of taxable income as reported on IRS Form 1065, Schedule K. For clarification, the term "Earnings" in the prior sentence shall mean gross revenues minus costs of goods sold and general and administrative expenses paid by Verotown in connection with the use, management and operation of the Facility. Net Income shall be determined annually, using the fiscal or calendar year normally used by Verotown in its accounting practices. Any Net Income which has not been used for the purposes set forth in this section as of the expiration or termination of the Facility Lease Agreement shall be paid to the County. The term "books and records" in section 3.04 is hereby amended to include Verotown's profit and loss statement, and other financial records, necessary to verify Verotown's Net Income, and the reinvestment of such Net Income in Enhancements. The Enhancements shall become the asset or property of the County upon being permanently affixed to the Facility, or at the expiration or termination of this Facility Lease Agreement, whichever occurs first. Net losses in any given year within the Renewal Term shall be credited against Net Income in any following year(s). 12. Museum of Dodgertown Memorabilia. Verotown will use commercially reasonable efforts to operate, at a location within the Facility, a museum containing memorabilia of the Brooklyn or Los Angeles Dodgers. The museum shall be open to the public during reasonable hours of operation to be determined by Verotown. 13. Public Events. The County and Verotown recognize the value and importance of using the Facility in a manner which provides entertainment opportunities for the residents of Indian River County. Accordingly, Verotown will endeavor to use the facility in a manner which provides such opportunities from time to time, thereby enabling the residents of Indian River County to enjoy and benefit from events held at the Facility. 14. Good Standing — No Violation. The County and Verotown agree that, as of the date of this Third Amendment, the Facility Lease Agreement is in good standing and neither party is in breach or violation of the terms and conditions of the Facility Lease Agreement. 15. Notices. Section 13.01 is amended to delete the notice/address information relating to MiLB, and to replace such information with the following: If to Verotown: Peter O'Malley Verotown, LLC 515 S. Figueroa Street, Suite 1988 Los Angeles, CA 90071 Copy to: Craig Callan Verotown, LLC P.O. Box 2887 Vero Beach, FL 32961 Page 4 of 6 Copy to: Kevin M. Barry, Esq, Rossway Moore Swan, P.L. 2101 Indian River Blvd., Suite 200 Vero Beach, FL 32960 16. Conforming Terms. All remaining terms and conditions of the Facility Lease Agreement are hereby conformed to be consistent with the amendments set forth herein. 17. Remaining Terms. All remaining terms and conditions of the Facility Lease Agreement not amended or conformed herein shall remain in full force and effect. 18. Recordation. A copy of this Second Amendment shall be recorded on the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (W AFFIX SEAL: Approved: By. ' seph Baird, Administrator Signed and delivered in the presence of: Print name: BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("County") Joseph E. Flescher, Chairman Approved by BCC: , 2013 Approved as to form and legal sufficiency: By: Alan4. Polackwich, Sr., County Attorney VEROTOWN, LLC, a Delaware limited liability company ("Verotown"), by POM Vtown, LLC, a Delaware limited liability corporation, its Manager By: PrintNarne: Peter O'Malley Print name: Print Title: Manager A Page 5 of 6 139 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2013, before me, , personally appeared Peter O'Malley who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 6 of 6 140 EMERGENCY ADDITION TO AGENDA JULY 16, 2013 AGENDA ITEM: 8P iTert, 7.14 • /.� c INDIAN RIVER COUNTY, FLORIDA �J � BOARD MEMORANDUM (W OR Date: July 15, 2013 UTILITIES: EMERGENCY ITEM To: From: Joseph A. Baird, County Administrator Vincent Burke, Director of Utility Services✓ Subject: Elster Meter Remedy Agreement BACKGROUND AND ANALYSIS: On June 27, 2011 the Board of County Commissioners authorized the Indian River County Utilities Department (IRCUD) to purchase over 200 battery -powered water meters two inches and larger for a total price of $252,279.00. 189 of the meters, installed late 2011 at Vista Gardens and Vista Royal, have been in service for approximately 18 months. About one year after the first meters were installed, staff noticed that some of the meters were showing signs of corrosion on the exterior and in some cases the meters had failed. In the meter industry, failures are not uncommon, but in this case a higher than normal number of meters were failing. The failures consisted of unusually high readings, continuous readings when water valves were closed (but the meter registered flow), loss of electronic (battery) power or condensation on the inside of the sealed meters. To date, fourteen meters originally purchased in 2011 have experienced one or more of the issues previously mentioned. (W In the meter industry, there are usually territories established for suppliers and distributors. In 2011, an Indian River County Purchase Order was issued to Ferguson, a utility distributor that IRCUD uses to source many of the products it uses today. Ferguson filled the IRC order through Avanti, a regional representative to the manufacturer. Elster is the actual meter manufacturer. IRCUD begin warranty discussions initially with Ferguson, Avanti and Elster but as the negotiations/ investigations progressed, IRCUD began dealing directly with Elster. Through the investigation process, more meters began to fail and it was determined that a standard warranty would not suffice. Elster, the meter manufacturer, began testing the meters that had failed and looked into soils conditions in an effort to find the cause of the meter corrosion and meter failures. The Utilities Department requested copies of such tests but was unsuccessful in initially receiving those results. IRCUD hired its own independent laboratory to conduct its own metallurgical analysis of the meters soil testing to determine if high chlorides or alkalinity existed in the soil which may have been a reason for the meter failures. Based on both Elster's and IRCUD's lab analyses, it was determined that the 304 stainless steel passivation process, designed to protect the metal, was compromised due to high heat generated as part of the meter fabrication & welding process. According to the experts, the welding process caused unseen metallurgical changes that allowed the metal to become susceptible to corrosion. This corrosion then allowed water to enter the meter externally, short circuiting the electronics/ battery powered boards. It must be noted that IRCUD's lab also verified that the passivation process had been compromised but that certain manufacturing defects internal to the meter may have caused some water (W intrusion from potable sources. That is, the meters may have failed from water running through the meter that had made its way past gaskets which then lead to meter failure. Elster, upon receipt of IRCUD's analysis, provided documentation asserting their quality control/ manufacturing process accounts for step by step verification that the meters will work as designed. Page - 2 — UTILITIES: ENIERGENCY ITEM Elster, to its credit, flew over two representatives from Aichi Japan where the meters are fabricated. It (W was part of their commitment to research and investigate why the meters were failing. Ultimately, changes to the meter manufacturing would be needed to prevent this from occurring in the future. In addition, sacrificial zinc anodes were recommended Elster to be placed on the exterior of the meter to prove e cat l�—odic protecrron� -t e -meta : In- short;= the zinc would=begin-to-corrode faster than the—-- associated metal and is used as a preventative measure. On March 27, 2013 Elster, its Japanese experts, IRCUD and Avanti met at the Utilities conference room to formalize a path forward. Elster verbally agreed to fabricate and provide 189 new meters using a change in its manufacturing process to address the heat passivation issue and it would provide the zinc anodes. Elster and IRCUD have been negotiating the terms and logistics of the Remedy Agreement since that time. Elster and its legal department have been working with Indian River County and its legal department to refine the specifics and to solidify each party's responsibilities and understandings. Attached is the remedy agreement which outlines the process moving forward. As part of this process, the Utility department is understandably concerned about the proposed manufacturing process. Elster assures us that this change will address the issues but staff has been interested in a more real-time method to determine if the meters are functioning properly. The Utilities department wishes to purchase additional modules from Elster in order to track consumption and data -log meter operation. These modules will allow staff to read meters more quickly and efficiently. As part of the Remedy Agreement, IRCUD will receive 189 modules along with the new meters. IRCUD will only be required to pay half the cost now ($19,089). If all the meters are working properly after a years' time, then the remaining 50% or $19,089 would be paid to Elster. Since the modules cannot be sourced through other competitors, staff is asking for Board approval to sole source the modules directly from Elster. A sole source letter is attached. Time is of the essence. Due to the condensed timeframe before most of our seasonal residents come back to Vista Gardens and Vista Royal, staff is adding this remedy agreement as an emergency item. Once approved, Elster has committed to IRCUD to have all 189 of the new meters to IRCUD by August 31, 2013. FUNDING: Funding for the Elster Modules is available from the Capital Account 471-166008. Funding for this account is derived from water and sewer sales. ACCOUNT NO.: Description Account Number Amount Elster Meter Modules 471-166008 $38,178.00 /yo •0L Page -3— UTILITIES: EMERGENCY ITEM RECOMMENDATION: It is Staff s recommendation that the Board of County Commissioners approve 1. T-he=Remedy--Agreement -between Indian -River--C_ounty—anei= Etster=A-Mrn LLC (attachment 1) 2. Staff to issue a purchase order to Elster AMCO, LLC for the purchase of its propriety modules. ATTACHMENT(s): 1. Remedy Agreement between Indian River County Utilities (IRCU) and Elster AMCO Water, LLC (Elster) 2. Exhibit A: Meter Warranty 3. Exhibit B: General Terms and Conditions of Sale 4. Elster AMCO Water, LLC sole source letter APPROVED FOR AGENDA: By. n X�1.4 n A 1 &J, Joseph A. Baird, County Administrator For: �l45 Date Indian River Co. AP.9141ved Date Administration Utilities 13 Utilities -Finance Budget 7// Legal J- I /—/ /yo _j Remedy Agreement Between Indian River County Utilities (IRCU) and Elster AMCO Water, LLC (Elster) lster agreeso provide IRCU w1- -- 9 evoQ4 meters -consisting ofd=86 two-i-n—c- m-eters=2-three inch meters and 1 four inch meter in accordance with the following schedule: 72 new meters by August 1, 2013 72 new meters by August 15, 2013 45 new meters by August 31, 2013 Elster will supply the new meters using the change to the manufacturing process that will address the carbon heat tinting in the weld zones of the 304 stainless steel body components. IRCU will detach the sacrificial anodes from the existing meters, remove the existing meters, attach the sacrificial anodes to the new meters per the Elster supplied instructions, and install the new meters. Barring unforeseen events, weather issues, etc., IRCU anticipates that it will be able to install the new meters over a period of approximately 30 days. During the sacrificial anodes installation process, Elster will periodically inspect IRCU's installation of the sacrificial anodes. Unless Elster notifies IRCU of sacrificial anodes installation defects in writing within ten business days of an inspection, it shall not be a defense to any warranty claims thereafter that the sacrificial anodes were initially installed incorrectly. If Elster notifies IRCU of any installation defects, IRCU shall have the option of correcting the alleged installation defect, and Elster shall have the option of inspecting the corrective work. If IRCU performs the corrective work, it shall notify Elster of such fact in writing. Unless Elster notifies IRCU of defects in the corrective work in writing within ten business days after receipt of such notice, the initial installation of the sacrificial anode shall be deemed to be correct. Both parties shall exercise good faith in the implementation of this process. IRCU agrees to install the new meters with insulating bolts furnished by Elster. Elster agrees to equip the 189 new meters with the evoQ4 encoder modules. IRCU agrees to purchase the 189 encoder modules at Elster's cost of $202.00/ module and the following will apply: • IRCU will pay half of the total cost for the modules 60 days after the first new meter is installed. This equates to a $19,089 initial payment. IRCU will pay the remaining $19,089 on the twelve month anniversary date of the last meter installation provided that no more than three meters do not conform to applicable warranties prior to the twelve month anniversary date of the last meter installation, due to a breach of the standard meter warranty terms set forth in and attached hereto as Exhibit A ("Meter Warranty"). If four or more meters do not conform to applicable warranties during such time period due to a breach of the Meter Warranty, IRCU will have no obligation to pay the remaining $19,089. Attachment #1 /,a dr - DEVELOPER'S AGREEMENT BETWEEN (W INDIAN RIVER COUNTY, FLORIDA AND NORTH COUNTY CHARTER SCHOOL, INC. THIS AGREEMENT, entered this day of , 2013, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27`h Street, Vero Beach, Florida, 32960 hereafter called COUNTY and NORTH COUNTY CHARTER SCHOOL, INC., a Florida Non Profit Corporation, 6640 Old Dixie Highway, Vero Beach, FL 32967, Telephone No. 772-794-1941, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to construct an addition to the existing North County Charter School that will increase enrollment from 232 students to 402 students. The site is located at 6640 Old Dixie highway, Vero Beach, FL. The Indian River County Project Number is 96080094 (Application number 70282), the legal description is attached as Exhibit "A" and incorporated herein by reference, and; WHEREAS, the DEVELOPER is required to construct a southbound left turn lane into the site from Old Dixie Highway due to the increase in enrollment; WHEREAS, the COUNTY is proposing to resurface Old Dixie Highway along the frontage of the North County Charter School; WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the left turn lane improvements on Old Dixie Highway; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed southbound left turn lane on Old Dixie Highway improvements; WHEREAS, the COUNTY is requesting certain improvements to Old Dixie Highway that cannot be currently performed by DEVELOPER due to timing issues of the resurfacing project on Old Dixie Highway right-of-way; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The DEVELOPER shall pay to the COUNTY the sum of $48,927.00 prior to issuance of a Certificate of Operation for the expansion of the North County Charter School as a contribution for construction of the southbound left turn lane improvements on Old Dixie 126 2 127 Highway. 3. The COUNTY shall be responsible for all construction and construction coordination including advertisement for bids, contractor selection, construction, surveying and construction inspection. 4. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 5. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 7. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 8. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 9. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 10. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 11. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 12. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 13. All words, terns, and conditions contained herein are to be read in concert, each with the (W other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 2 127 14. The words herein and hereof and words of similar import, without reference to any particular (W section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. A. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. NORTH COUNTY CHARTER SCHOOL, INC., A Florida Non Profit Corporation BY: Joel Tyson, President (W WITNESS: WITNESS: (Corporate seal is acceptable in place of witnesses) County Attorney (Approved as to form and legal sufficiency) BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved: Approved: B f J r.eph A. Q. C Admin str Att Jeffrey R. Smith, Clerk of Court 128 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCI13ED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 00.10'11" WEST (BASIS OF BEARINGS) ON THE WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 15.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF 67TH STREET, A VARIABLE WIDTH RIGHT OF WAY; THENCE CONTINUE SOUTH 00*1011" WEST, A DISTANCE OF 195.00 FEET TO THE SOUTH WEST CORNER OF PARCEL NUMBER 32391000000100000038.0 (3435 67TH STREET), AND THE NORTH LINE OF THE HEREINAFTER DESCRIBED PARCEL, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89044'06"EAST, A DISTANCE OF 412.12 FEET; THENCE RUN NORTH 00°20'36"EAST, A DISTANCE OF 54.56 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY No. 1, A 120 FOOT WIDE RIGHT OF WAY AND ALSO BEING A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE WEST, THE RADIUS OF WHICH BEARS SOUTH 75016'34"WEST, A DISTANCE OF 17128.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 01008'43", AN ARC DISTANE OF 342.38 FEET TO THE NORTHEAST CORNER OF PARCEL NUMBER 32391000000100000029.0 (6605 US HIGHWAY #1); THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN NORTH 89°44'06"WEST ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 227.62 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE RUN SOUTH 13°12'21 "EAST, A DISTANCE OF 185.63 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL NUMBER 32391000000100000028.0 (6595 US HIGHWAY #1); THENCE RUN NORTH 89°27'56"WEST ALONG SAID NORTH LINE, A DISTANCE OF 212.92 FEET TO A POINT; THENCE CONTINUE NORTH 89°27'56"WEST, A DISTANCE OF 14.50 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY, A 66 FOOT WIDE RIGHT OF WAY, AS RECORDED IN PLAT BOOK 24, PAGES 82 THROUGH 93, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND ALSO BEING A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS NORTH 75°29'07"EAST, A DISTANCE OF 5467.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY THROUGH A CENTRAL ANGLE OF 01 056'11 ", AN ARC DISTANCE OF 184.77 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 89044'06"EAST, A DISTANCE OF 14.36 FEET TO A POINT ON AON-TANGENT CURVE, CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS NORTH 77°23'1TEAST, A DISTANCE OF 5453.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00002'01 ", AN ARC DISTANE OF 3.19 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 12°34'41 "WEST, A DISTANCE OF 248.00 FEET TO THE INTERSECTION WITH THE AFORESAID WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE RUN SOUTH 00°10'11 "WEST ALONG AFORESAID WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 63.45 FEET; THENCE CONTINUE NORTH 12°34'42"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 65.28 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THE RADIUS OF WHICH BEARS SOUTH 77-25'1 8"WEST, A DISTANCE OF 5344.55 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE' EASTERLY RIGHT OF WAY OF OLD DIXIE HIGHWAY THROUGH A CENTRAL ANGLE OF 00021'06", AN ARC DISTANCE OF 32.79 FEET;; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, RUN SOUTH 89°44'06" EAST, A DISTANCE OF 14.38 FEET; THENCE CONTINUE SOUTH 89°44'06"EAST, A DISTANCE OF 7.36 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.76 ACRES MORE OR LESS. 129 f Consent Agenda (W Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Boardo t Commissioners From: Jason E. Brown Director, Office of Manage en & Budget Date: July 10, 2013 Subject: Miscellaneous Budget Amendment 022 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On July 9, 2013, the Board of County Commissioners approved a pilot oyster reef project for nutrient removal and habitat restoration. The cost of the construction is approximately $28,500 and will be funded from Optional Sales Tax -Cash Forward Oct 1St. The attached entry appropriates funding in the amount of $35,000 for construction, permitting, monitoring, and (W contingencies for this project. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 022 and Resolution APPROVED AGENDA ITEM: BY:A. �2� nd Jose h A. aird County Administrator For: July 17 2013 Indian River County AppWved Date Administrator -7/ 11h.3 Legal Budget Department Risk Management 130 BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher Chairman District 2 Wesley S. Davis Vice Chairman District I July 16, 2013 Mr. Clayton H. Wilder, Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Mr. Wilder: Tim Zorc District 3 Peter D. O'Bryan District 4 Bob Solari District 5 In compliance with State of Florida Rule IID -9, F.A.C., Indian River County approves the distribution of $68,509.00 of Federal Fiscal Year 2013 Edward Byrne Memorial JAG ,,. Program funds for the following projects within Indian River County: A Subgrantee: Title of Project Dollar Amount Federal Funds Indian River Count Indian River County Multi -Agency Criminal Enforcement $57,934 Unit (M.A.C.E.) Indian River County Drug Testing $10,575 Substance Awareness Council TOTAL $68,509 Sincerely, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 122 GRANT NAME: Edward Byrne Memorial Justice Assistance Grant (JAG) Program GRANT # AMOUNT OF GRANT: $68.509 (.—DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners CONTACT PERSON: Jason E. Brown TELEPHONE: 226- 1214 1. How long is the grant for? One Year Starting Date: October 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes __X___No If yes, does the grant allow the match to -be In -Kind services? Yes X No 4. Percentage of match to grant 0% 5. Grant match amount required $0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) N/A Yes X No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 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? Salary and Benefits Operating Costs Capital Total Costs Total First Year $68,509 $ $ $68,509 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: July 10, 2013 123 Grant Amount Other Match Costs Not Covered Match Total First Year $68,509 $ $ $68,509 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ Signature of Preparer: Date: July 10, 2013 123 21 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator CONSENT AGENDA FROM: Christopher R. Mora, P.E., cllv_� Public Works Director SUBJECT: North County Charter School Developer Agreement for Developer Contributions to Roadway Improvements on Old Dixie Highway DATE: July 9, 2013 DESCRIPTION AND CONDITIONS North County Charter School, Inc. has applied to build an addition to the existing North County Charter School, thereby increasing enrollment from 232 to 402 students. The school is located at 6640 Old Dixie Highway. In accordance with County Land Development Regulations, the school must construct a southbound left turn lane on Old Dixie Highway to accommodate additional traffic generated by the increased enrollment. The cost to construct the left turn lane is $48,927. The County is planning to resurface Old Dixie Highway in the same area that the left turn lane is to be constructed, and in approximately the same time frame. It would be mutually beneficial to both the County and the developer if the two projects were combined and built simultaneously. The attached developer agreement provides for the developer to pay the County $48,927 to build the left turn lane at the same time that the County resurfaces Old Dixie Highway. The payment must be made prior to the issuance of a certificate of occupancy for the new school facilities. FUNDING There is no fiscal impact to the County. R\Public Works\Luanne M\Agenda Items\North County Charter School Developer Agreement BCC 07-09-13.doc 124 North County Charter School Developer Agreement CONSENT AGENDA Item Page 2 ALTERNATIVES AND ANALYSIS The alternatives presented are: Alternative No. 1 Approve the Developer Agreement Alternative No. 2 Deny Approval RECOMMENDATIONS Staff recommends Alternative No. 1 — Approve the Developer Agreement. ATTACHMENT 1. Developer Agreement DISTRIBUTION Jason Brown, Budget Manager APPROVED AGENDA ITEM FOR 07/16/2013 A Indian River County ved Date Administration AV/6 Budget fb County Attorney Public Works / Traffic Engineering GM- 41 '- /3 F:\Public Works\Luanne M\Agenda Items\North County Charter School Developer Agreement BCC 07-09-13.doc 125 • Elster's General Terms and Conditions attached hereto as Exhibit B shall apply to all products furnished by Elster hereunder and such terms shall be supplemented by the (W Elster Meter Warranty with respect the meters (including the batteries in the meters). Elster shall not be responsible for any additional warranties given by third parties; provided, however, that nothing herein shall waive, modify or otherwise adversely affect IR�U's rights ol1 r remedies under such third party warranties. IRCU hereby releases Elster from any liabilities, claims or actions it had, has, or may have relating to the Elster products provided prior to the date hereof; provided, however, that this release shall become effective only upon Elster's provision of the meters as contemplated above. Nothing herein shall prevent or prohibit IRCU from seeking to enforce the terms of this agreement. • Elster will supply IRCU with three "spare" meters free of charge to be used for parts or to temporarily replace meters sent back to Elster for warranty repairs or replacement. • If any terms hereof are stricken by any court of competent jurisdiction, the remaining terms shall remain and govern. IN WITNESS WHEREOF, the parties hereto have executed this Remedy Agreement as of July 15, 2013. [SIGNATURES ON NEXT PAGE] BOARD OF COUNTY COMMISSIONERS Elster AMCO Water, LLC. OF INDIAN RIVER COUNTY Jamie Allan Joseph E. Flescher, Chairman President, E s er CO Water LLC Attest: Jeffrey R. Smith, Clerk of Court and Comptroller am Deputy Clerk Approved: seph A. Baird, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney /'o • 6 Standard Utility Guarantee for evoG4 Electromagnetic Water Meters (Potable Water Applications) Scope of Guarantee This guarantee applies to Elster AMCO Water, Inc. evOQ4 Electromagnetic Water Meters, shipped after April 1, 2008, when used in potable water under 120°F (50°C), in ambient temperatures not to exceed an average of 86°F (30°C), and in accordance with Elster AMCO's published Technical Specifications. This guarantee applies exclusively to the original utility purchaser when product is purchased from either Elster AMCO or an Elster AMCO-authorized distributor ("Business Partner"). Materials and Workmanship If used and installed as described above, Elster AMCO guarantees product covered by this guarantee to be free from defects in materials and workmanship for a period of 5 years after shipment by Elster AMCO or its authorized Business Partner. Claims Any meter or register covered by this guarantee that fails to meet the terms of the stated guarantee will be repaired or replaced, at the option of Elster AMCO, without additional charge to the customer. The customer is responsible for removing the meter or register from service, returning it to the factory service center designated by Elster AMCO, providing a written or electronic (facsimile or e-mail) claim notice, and for freight costs to and from the service center. Customer is also responsible for reinstalling repaired or replaced product. Limits of Liability This guarantee does not apply to meters or registers damaged by aggressive water conditions, foreign matter in water, vandalism, negligence, installation not in accordance with Elster AMCO's installation instructions, mis-application or other use not as described above, acts of God or other conditions beyond the control of Elster AMCO. If a meter is claimed to breach the accuracy guarantees as stated herein, the customer shall submit a certified copy of the test results at the time the meter is returned to Elster AMCO. The guarantees as to accuracy shall be void if an examination of the customer's water supply shows an unusually adverse effect on metering equipment. Any description of product, whether in writing or made orally by Elster AMCO or its agents, specifications, samples, literature, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with any customer's order are for the sole purpose of identifying product and shall not be construed as an express or implied guarantee. Any suggestions by Elster AMCO or its agents regarding use, application or suitability of product shall not be construed as an express or implied guarantee unless confirmed to be such in writing by Elster AMCO. The laws of the State of Florida, excluding its conflicts of law rules shall exclusively govern this guarantee. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed. THE FOREGOING EXPRESS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT FOR WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S EXCLUSIVE REMEDY AND ELSTER AMCO'S AND ITS BUSINESS PARTNERS' SOLE LIABILITY ON ANY CLAIM, WHETHER IN TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE, CONTRACT, WARRANTY OR OTHERWISE, FOR ANY METER OR REGISTER WHICH FAILS TO MEET THE TERMS OF THE GUARANTEE STATED ABOVE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED ABOVE. IN NO EVENT SHALL ELSTER AMCO AND/OR ITS BUSINESS PARTNERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF. PROFITS OR REVENUE, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS AND CLAIMS OF CUSTOMERS OF THE CUSTOMER OR OTHER THIRD PARTIES. Elster AMCO Water, Inc. PO Box 1852 Ocala, Florida 34478-1852 ® 2008 Elster AMCO Water, Inc. All rights reserved. evoO,-UG/08-08 ester Attachment #2 1�i o •7 Elster AMCO Water LLC General Terms and Conditions of Sale Page 1 of 6 1. General. The terms and conditions contained herein, together with any additional or different terms eo timed-m-Elster AMCO=Water-L=LC�5 Proposal'- if any, submitted to-Purchaser-(whicnLaposeLshall-control ---_----_-__ over any conflicting terms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and supersede all prior communications and agreements regarding the order. Acceptance by Elster AMCO Water LLC of the order, or Purchaser's acceptance of Elster AMCO Water LLC's Proposal, is expressly limited to and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or acceptance of any performance by Elster AMCO Water LLC being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms Elster AMCO Water LLC hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by Elster AMCO Water LLC ("Software") under the order. Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by Elster AMCO Water LLC under the order. As used herein, the term "Purchaser" shall include the initial end use of the Equipment and/or services; provided, however, that Paragraph 13(a) shall apply exclusively to the initial end user. 2. Prices. (a) Unless otherwise specified in writing, all Proposals expire thirty (30) days from the date thereof. (b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to 5 p.m. Monday through Friday). Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be billed at three (3) times the hourly rate. If a Services rate sheet is attached hereto, the applicable Services rates shall be those set forth in the rate sheet. Rates are subject to change without notice. (c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such taxes which Elster AMCO Water LLC or its suppliers are required to pay or collect. If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon order placement, provide Elster AMCO Water LLC a copy, acceptable to the relevant governmental authorities of any such certificate or permit. (d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date of Elster AMCO Water LLC's Proposal. Any change after that date in such duties, fees, or rates, shall increase the price by Elster AMCO Water LLC's additional cost. (e) If following the end of each year of the Agreement term, Elster AMCO Water LLC, in its reasonable judgment and supported by reasonable documentation determines that increases in the costs of materials, including commodity price increases, used in the production of goods provided hereunder make the pricing then provided Purchaser economically unfeasible, the then current pricing shall be reopened for negotiation between the parties and if the parties cannot agree, within thirty (30) days of the end of the then current term year, upon new pricing to reflect the material cost increases, Elster AMCO Water LLC, may, upon at least ninety (90) days prior written notice, terminate the Agreement. (f) Notwithstanding anything herein, (i) if Purchaser intends to issue an order or similar request for Equipment or Services pursuant to or in connection with a solicitation, a request for proposal, a bidding procedure or other similar process (the "Bidding Process") in which Elster AMCO Water LLC, participated or responded to, and if Purchaser does not issue an order or similar request for Equipment or Services, in connection with the Bidding Process within six months from the date Elster AMCO Water LLC, submits a response or proposal to Purchaser in connection with the Bidding Process, then Elster AMCO Water LLC, shall not be bound by the pricing submitted with its response or proposal and the Purchaser and Elster AMCO Water LLC, shall then attempt to negotiate new pricing, provided, however, if the parties cannot agree upon pricing within eight months from the from the date Elster AMCO Water LLC, submits a response or proposal to Purchaser in connection with the Bidding Process, then either party may terminate this Agreement upon thirty (30) days prior written notice and any other agreement entered into between the parties in connection herewith, and (ii) during the last ninety (90) days of a Proposal or order term or within the last ninety (90) days a Proposal or order is in effect, Purchaser shall not issue an order for or request shipment or delivery of a quantity of Equipment or the provision of Services that exceeds thirty percent (30%) of the aggregate of Equipment or Services, as the case may be, ordered or requested at the commencement of the term hereof or the initial issuance of the order without the prior written consent of Elster AMCO Water LLC. (W FR722-A Issue: 01 10/23/12 DCR12-040 +2lSt2r Attachment #3 /'s; -e e Elster AMCO Water LLC General Terms and Conditions of Sale Page 2 of 6 3. Payment. (a) Unless specified to the contrary in writing by Elster AMCO Water LLC, payment terms are net cash, ppayable=without=off-set lin=United=States�Dollars,=30=days-from date of invoice--by=wir-etr-ansfe-r—to=the=account--- designated by Elster AMCO Water LLC in the Proposal. (b) If in the judgment of Elster AMCO Water LLC the financial condition of Purchaser at any time prior to delivery does not justify the terms of payment specified, Elster AMCO Water LLC may require payment in advance, payment security satisfactory to Elster AMCO Water LLC, or may terminate the order, whereupon Elster AMCO Water LLC shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the date Elster AMCO Water LLC is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments. (c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any part thereof or the highest applicable rate allowed by law on all such overdue amounts plus Elster AMCO Water LLC's attorneys' fees and court costs incurred in connection with collection. 4. Changes. (a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by Elster AMCO Water LLC and resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change. (b) Elster AMCO Water LLC may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications. If Purchaser objects to any such changes, Elster AMCO Water LLC shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection. 5. Delivery. (a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered F.O.B. point of shipment. Equipment shipped from outside the continental United States is delivered F.O.B. United States port of entry. Purchaser shall be responsible for any and all demurrage or detention charges. (b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, Elster AMCO Water LLC may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. (c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentation required for Elster AMCO Water LLC's performance hereunder. (d) Claims for shortages or other errors in delivery must be made in writing to Elster AMCO Water LLC within ten days of delivery. Equipment may not be returned except with the prior written consent of and subject to terms specified by Elster AMCO Water LLC. Claims for damage after delivery shall be made directly by Purchaser with the common carrier 6. Title & Risk of Loss. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Purchaser upon delivery. 7. Inspection, Testing and Acceptance. (a) Any inspection by Purchaser of Equipment on Elster AMCO Water LLC's premises shall be scheduled in advance to be performed during normal working hours. (b) If the order provides for factory acceptance testing, Elster AMCO Water LLC shall notify Purchaser when Elster AMCO Water LLC will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. (c) If the order provides for site acceptance testing, testing will be performed by Elster AMCO Water LLC personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of Elster AMCO Water LLC, acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted. 8. Warranties and Remedies (unless otherwise stated). (a) Equipment and Services Warranty. Elster AMCO Water LLC warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for (W FR722-A Issue: 01 10/23/12 DCR12-040 elster/�10 Elster AMCO Water LLC General Terms and Conditions of Sale Page 3 of 6 Equipment (excluding Software, Spare Parts and Refurbished or Repaired Parts) shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs. The War-r-anty=Reined-y=P-er-iod=for=new-spare parts shall end twelve (12) months-after_date_of_shipment. Th.e_._ _ __ Warranty Remedy Period for refurbished or repaired parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for Services shall end ninety (90) days after the date of completion of Services. (b) Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to Elster AMCO Water LLC promptly after such discovery and within the applicable Warranty Remedy Period, Elster AMCO Water LLC shall, at its option, either (i) repair or replace the nonconforming portion of the Equipment or re -perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re -performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to Elster AMCO Water LLC promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re -performance, whichever is later, Elster AMCO Water LLC will repair or replace such nonconforming Equipment or re -perform the nonconforming Services. The original Warranty Remedy Period shall not otherwise be extended. (c) Exceptions. Elster AMCO Water LLC shall not be responsible for providing working access to the nonconforming Equipment, including disassembly and re -assembly of non-Elster AMCO Water LLC supplied equipment, or for providing transportation to or from any repair facility, all of which shall be at Purchaser's risk and expense. Elster AMCO Water LLC shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to Elster AMCO Water LLC's instructions; (iv) is comprised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear. Equipment supplied by Elster AMCO Water LLC but manufactured by others is warranted only to the extent of the manufacturer's warranty, and only the remedies, if any, provided by the (W manufacturer will be allowed. (d) Software Warranty and Remedies. Elster AMCO Water LLC warrants that, except as specified below, the Software will, when properly installed, execute in accordance with Elster AMCO Water LLC's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to Elster AMCO Water LLC promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, Elster AMCO Water LLC shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at Elster AMCO Water LLC's facility necessary corrected or replacement programs. Elster AMCO Water LLC shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser- supplied software or interfacing. Elster AMCO Water LLC does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs". (e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S EXCLUSIVE REMEDIES AND Elster AMCO Water LLC'S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. 9. Certificate of Conformity Elster AMCO Water LLC hereby certifies that the order described heron has been processed to conform with all the applicable specifications called for on the purchase order. 10. Patent Indemnity. (a) Elster AMCO Water LLC shall defend at its own expense any action brought against Purchaser alleging that the Equipment or the use of the Equipment to practice any process for which such Equipment is specified by Elster AMCO Water LLC (a "Process") directly infringes any claim of a patent of the United States of America and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given Elster AMCO Water LLC prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser. FR722-A Issue: 01 10/23/12 DCR12-040 ester �. d Elster AMCO Water LLC General Terms and Conditions of Sale (W Page 4 of 6 (b) Elster AMCO Water LLC shall have no obligation hereunder and this provision shall not apply to: (i) any other equipment or processes including Equipment or Processes which have been modified or combined with otfrer-equip nme tnme t orprocess not -supplied by Elster AMCO Water LLC; (ii) any Equipment or Process su lied according to a design, other than an Elster AMCO Water LLC design, required by Purchaser (iii)an pp r manufactured by the Equipment or Process; (iv) any patent issued after the date hereof; or v) any act otn settled or otherwise terminated without the prior written consent of Elster AMCO Water LLC. (c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any Process using the Equipment is finally enjoined, Elster AMCO Water LLC shall, at its option and its own expense, procure for Purchaser the right to continue using said Equipment; or modify or replace it with non -infringing equipment or, with Purchaser's assistance, modify the Process so that it becomes non -infringing; or remove it and refund the portion of the price allocable to the infringing Equipment. THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF Elster AMCO Water LLC AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT. (d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by Purchaser with equipment or processes not furnished hereunder (except to the extent that Elster AMCO Water LLC is a contributory infringer) or said Equipment or any part thereof is used by Purchaser to perform a process not furnished hereunder by Elster AMCO Water LLC or to produce an article, and by reason of said modification, combination, performance or production, an action is brought against Elster AMCO Water LLC, Purchaser shall defend and indemnify Elster AMCO Water LLC in the same manner and to the same extent that Elster AMCO Water LLC would be obligated to indemnify Purchaser under this "Patent Indemnity" provision. 11. Limitation of Liability. (a) In no event shall Elster AMCO Water LLC, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, (W delays, and claims of customers of the Purchaser or other third parties for any damages. Elster AMCO Water LLC's liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, (b) or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case (except as provided in the section entitled "Patent Indemnity") exceed one-half (1/2) of the purchase price allocable to the Equipment or part thereof or Services which gives rise to the claim. (c) All causes of action against Elster AMCO Water LLC arising out of or relating to this Agreement or the performance or breach hereof shall expire unless brought within one year of the time of accrual thereof. (d) In no event, regardless of cause, shall Elster AMCO Water LLC be liable for penalties or penalty clauses of any description or for indemnification of Purchaser or others for costs, damages, or expenses arising out of or related to the Equipment and/Services. 12. Laws and Regulations. Elster AMCO Water LLC does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Equipment or Software is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of the Proposal date. In the event of any subsequent revisions or changes thereto, Elster AMCO Water LLC assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Article 4. Nothing contained herein shall be construed as imposing responsibility or liability upon Elster AMCO Water LLC for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the Equipment. This Agreement shall be governed by the laws of the State of New York, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New York law with respect to conflicts of law. Purchaser agrees that all causes of action against Elster AMCO Water LLC under this Agreement shall be brought in the State Courts of the State of New York, or the U.S. District Court for the Southern District of New York. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed. (W FR722-A Issue: 01 10/23/12 DCR12-040 elster Elster AMCO Water LLC General Terms and Conditions of Sale Page 5 of 6 13. OSHA. Elster AMCO Water LLC warrants that the Equipment will comply with the relevant standards of the Occupational Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the - - date -of -the -Proposal: Upon prompt written notice from the Purchaser of a breach of this warranty, Elster AMCO Water LLC will replace the affected part or modify it so that it conforms to such standard or regulation. Elster AMCO Water LLC's obligation shall be limited to such replacement or modification. In no event shall Elster AMCO Water LLC be responsible for liability arising out of the violation of any OSHA standards relating to or caused by Purchaser's design, location, operation, or maintenance of the Equipment, its use in association with other equipment of Purchaser, or the alteration of the Equipment by any party other than Elster AMCO Water LLC. 14. Software License. (a) Elster AMCO Water LLC owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be used only in conjunction with equipment specified by Elster AMCO Water LLC; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, reverse engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach, hereunder; and (v) the rights to use the Software are non-exclusive and nontransferable, except with Elster AMCO Water LLC's prior written consent. (b) Nothing in this Agreement shall be deemed to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement. In the event of termination of this License, Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to Elster AMCO Water LLC the Software and all copies thereof and shall remove all machine readable Software from all of Purchaser's storage media. 15. Inventions and Information. Unless otherwise agreed in writing by Elster AMCO Water LLC and Purchaser, (W all right, title and interest in any inventions, developments, improvements or modifications of or for Equipment and Services shall remain with Elster AMCO Water LLC. Any design, manufacturing drawings or other information submitted to the Purchaser remains the exclusive property of Elster AMCO Water LLC. Purchaser shall not, without Elster AMCO Water LLC's prior written consent, copy or disclose such information to a third party. Such information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof in whole or in part. 16. Force Majeure. Elster AMCO Water LLC shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Elster AMCO Water LLC for such delay. 17. Cancellation. Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by Elster AMCO Water LLC attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirect costs. 18. Termination. No termination by Purchaser for default shall be effective unless, within fifteen (15) days after receipt by Elster AMCO Water LLC of Purchaser's written notice specifying such default, Elster AMCO Water LLC shall have failed to initiate and pursue with due diligence correction of such specified default. 19. Export Control. (a) Purchaser represents and warrants that the Equipment and Services provided hereunder and the "direct product" thereof are intended for civil use only and will not be used, directly or indirectly, for the production of chemical or biological weapons or of precursor chemicals for such weapons, or for any direct or indirect nuclear end use. Purchaser agrees not to disclose, use, export or re-export, directly or indirectly, any FR722-A Issue: 01 10/23/12 DCR12-040 2lSt2r Elster AMCO Water LLC General Terms and Conditions of Sale (W Page 6of6 information provided by Elster AMCO Water LLC or the "direct product" thereof as defined in the Export Control Regulations of the United States Department of Commerce, except in compliance with such Regulations. -(b)-If applicable,--Elster AMCO. Water _LLC shall file for a U.S. export license, but only after appropriate documentation for the license application has been provided by Purchaser. Purchaser shall furnish such documentation within a reasonable time after order acceptance. Any delay in obtaining such license shall suspend performance of this Agreement by Elster AMCO Water LLC. If an export license is not granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this Agreement may be canceled by Elster AMCO Water LLC without liability for damages of any kind resulting from such cancellation. At Elster AMCO Water LLC's request, Purchaser shall provide to Elster AMCO Water LLC a Letter of Assurance and End -User Statement in a form reasonably satisfactory to Elster AMCO Water LLC. 20. Assignment. Any assignment of this Agreement or of any rights or obligations under the Agreement without prior written consent of Elster AMCO Water, LLC shall be void. 21. Nuclear Insurance - Indemnity. For applications in nuclear projects, the Purchaser and/or its end user customer shall have complete insurance protection against liability and property damage resulting from a nuclear incident to and shall indemnify Elster AMCO Water, LLC, its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident. 22. Resale. If Purchaser resells any of the Equipment, the sale terms shall limit Elster AMCO Water, LLC's liability to the buyer to the same extent that Elster AMCO Water, LLC's liability to Purchaser is limited hereunder. 23. Entire Agreement. This Agreement constitutes the entire agreement between Elster AMCO Water, LLC and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between Elster AMCO Water, LLC and Purchaser other than those set forth herein or herein provided. A (W FR722-A Issue: 01 10/23/12 DCR12-040 • elster /#o /.I July 15, 2013 Indian River County Utilities 1801 27th Street Vero Beach, Florida. 31960 Attention: Vincent Burke Dear Mr. Burke: ,a elster Elster AMCO Water, LLC. 1100 SW 38`" Avenue Ocala, FL 34474 United States T +1352 732 6500 F +1 352 368 1950 www.eisteramcowater.com As per your request, we write to inform you that the Remote Modules, Part Number MX39, are manufactured for Elster AMCO Water (Elster) and are proprietary in design for use with our evoQ4 meters and, Elster is the sole direct source of the modules within Florida. Please contact me with any questions or comments you might have regarding this matter. Thank you. Very truly rs, Tamie Allan President Elster AMCO Water, C Attachment #4 /`L 0 . / Y Public Hearing (Legislative) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator HEAD CONCURRENCE Development Director FROM: Sasan Rohani, AICP /✓� Chief, Long -Range Planning DATE: July 8, 2012 SUBJECT: IMG Citrus's Request for a Small Scale Comprehensive Plan Future Land Use Map Amendment to Redesignate ± 2.16 Acres From C/I to M-2, and to Rezone those ± 2.16 Acres from IL to RM -10; and to simultaneously Redesignate ± 2.16 Acres From M-2 to C/I, and to Rezone those ± 2.16 Acres from RM -10 to IL. (LUDA # 95080047-70835) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2013. DESCRIPTION AND CONDITIONS This is a request for a small scale land use amendment and rezoning of two properties. As proposed, the request involves a land use designation and zoning swap between the two properties. Specifically, the request involves redesignating +/- 2.16 acres from M-2, Medium Density Residential -2 (up to 10 units/acre), to C/I, Commercial/Industrial, and rezoning those 2.16 acres from RM -10, Multi -Family Residential District (up to 10 units/acre), to IL, Light Industrial District, while simultaneously redesignating ± 2.16 Acres From C/I to M-2, and rezoning those ± 2.16 Acres from IL to RM -10. The subject properties are located on the north side of 45th Street, west of the FEC railroad, and are referred to in this report as the northern property and southern property as shown on the attached location map. The purpose of the request is to secure the land use designation and zoning necessary to allow the northern subject property to be developed with industrial uses. 141 A Location May Source: IRC Community Development Department May 22, 21113 Comprehensive Plan Amendment Review Procedures Although the number of standard plan amendments that the county may consider each year is not limited, the frequency with which the county can amend its comprehensive plan is regulated. According to the county's Comprehensive Plan, standard plan amendment application submittals are currently limited to four times per calendar year. For that reason, the county accepts standard plan amendment applications only during the four window months of January, April, July; and October. That process ensures that all requests submitted during each window month are processed simultaneously. Although the county restricts the submittal timeframe for standard plan amendment applications, the comprehensive plan provides several exceptions to the four times per calendar year limitation. One of those exceptions is for small scale land use map amendments. According to the comprehensive plan, the county may adopt small scale amendments, such as the subject plan amendment, without regard to the four times per calendar year limitation. 2 142 A Because small scale plan amendments are deemed to have fewer impacts than standard plan amendments, small scale amendments are eligible for a streamlined adoption process. In contrast to standard plan amendments, which require review and approval by state and regional review agencies, local governments may adopt small scale plan amendments without such review or approval. Pursuant to Section 163.3187(1), Florida Statutes, the following criteria apply to small scale amendments: a. The proposed amendment must involve 10 or fewer acres; b. The cumulative effect of the acreage for all small scale amendments in the jurisdiction must not exceed 120 acres in a calendar year; c. The proposed amendment must not involve text changes to the goals, objectives , and policies of the local government's comprehensive plan; and d. The subject property must not be within an area of critical state concern. In this case, the procedures for reviewing the subject comprehensive plan amendment will be as follows. First, the Planning and Zoning Commission conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the comprehensive plan amendment request to the Board of County Commissioners. Following Planning and Zoning Commission action, the Board of County Commissioners conducts a public hearing and may at that time take final action to approve or deny the land use amendment request. On June 13, 2013, the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve the proposed small-scale land use designation amendment and rezoning. Existing Land Use Pattern This portion of the county is characterized by a combination of commercial, industrial and residential zoning districts. Within those zoning districts, there is a mixture of residential, commercial and institutional uses (attachment #1). While both parcels comprising the subject property are vacant, the southern parcel is part of a larger tract which is already developed and is currently zoned IL. Like the southern parcel, the northern property is part of a larger tract. In this case, the larger tract, all of which"is zoned RM -10, was recently purchased by the applicant from the school district. Because the applicant proposes to redesignate and rezone the eastern portion of the property, the remainder of the tract will remain zoned RM -10 and serve as a buffer from any development on the northern subject property. To the west, north, and southwest of both subject properties, the land is zoned RM -10. On the RM -10 zoned property to the west of the southern subject property is Gifford Middle school. To the north 3 143 and west of the northern subject property, the RM -10 zoned land is vacant. Abutting the northern (W property to the east are the FEC railroad and Old Dixie Highway. Between Old Dixie Highway and US#l, there are commercial properties. Future Land Use Pattern The southern subject property and the properties immediately to the east are designated C/ I on the county's future land use map. The C/I designation permits commercial and industrial uses. The northern subject property and the properties to the west and north of the northern subject property are designated M-2, Medium density bresidential-2 (up to 10 units/acre), on the county's future land use map. The M-2 designation permits various residential and institutional uses (attachment #1). Environment Currently, the southern subject property is vacant and contains wetlands. While the northern property is also vacant, it was previously cleared. Neither property is designated as environmentally sensitive or environmentally important in the county's comprehensive plan. According to Flood Insurance Rating Maps, the subject properties are in flood zone X. Utilities and Services The subject properties are within the Urban Service Area of the county. Wastewater service is available to the properties from the Central Regional Wastewater Treatment Plant, while potable (W water service is available to the properties from the North County Reverse Osmosis Plant. Transportation System The parent parcel of the subject property abuts 45th Street. In this area, 45`h Street is a two lane paved road with 80 feet of existing public road right-of-way and is classified as an Urban Collector on the future roadway thoroughfare plan map. ANALYSIS In this section, an analysis of the reasonableness of the land use amendment and zoning requests will be presented. Specifically, this analysis will address: • The request's impact on public facilities; • The request's consistency with the county's comprehensive plan; • The request's compatibility with the surrounding area; and • The request's potential impact on environmental quality. 0 144 Concurrency of Public Facilities The subject property is located within the County Urban Service Area, an area deemed suited for urban scale development. Within the urban service area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation. The adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for concurrency determination. For land use designation amendment requests, that review is undertaken as part of the conditional concurrency determination application process. As per the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. In this case, the request is to swap the land use designation of two properties that are the same size. That represents no change in land use density or intensity. Therefore, this land use amendment request is exempt from concurrency review. It is important to note that adoption of the proposed land use amendment will not have any additional impact on any public facilities or services. As with all projects, a detailed concurrency analysis will be done in conjunction with site development. That concurrency analysis will address facility service levels and demand. Consistency with the Comprehensive Plan Land use amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per the county code, the comprehensive plan may be amended only in such a way as to preserve the internal consistency of the plan. Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions, including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request are the following objectives and policies. Future Land Use Element Policy 1.24 With respect to C/I node expansion land use amendment requests, the most important policy is Future Land Use Element Policy 1.24. That policy states that a Commercial/Industrial node cannot be expanded unless that node is 70 percent developed or unless otherwise warranted. One of the otherwise warranted situations involves a swap of land use designations. A 145 In this case, the subject property is part of the US# 1, 49h Street to 3 8Th Lane, Commercial/Industrial node. According to the County's Commercial/Industrial node data book, this node is approximately 59% developed. Even though this node is not 70% developed, the subject request meets Policy 1.24 because the request involves a swap of land use designations. Future Land Use Element Policy 14.3 Another important policy to consider in plan amendment requests is Future Land Use Element Policy 14.3. That policy requires that one of four criteria be met in order to approve a land use amendment request. Those criteria are: 1. The proposed amendment will correct a mistake in the approved plan; 2. The proposed amendment will correct an oversight in the approved plan; 3. The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or 4. The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed land use amendment meets Policy14.3's fourth criterion. Therefore the , proposed amendment is consistent with Policy 14.3. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the urban service area through zoning and the LDRs. Since the proposed small scale land use amendment and rezoning would allow and encourage more development on the subject property and the subject property is within the urban service area, the request implements Future Land Use Element Policy 2.2. Summary of Consistency with the Comprehensive Plan While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. rol 146 (W Compatibility with the Surrounding Area Currently, the land to the south and east of the northern subject property is designated C/I and zoned light industrial. As such, the proposed C/I designation and IL zoning district will result in a continuation of the existing commercial/industrial land use designation and the industrial zoning to the south and east. Consequently, redesignating the subject property to C/I and rezoning the subject property to IL will not create any incompatibilities between the subject property and the industrially zoned properties to the east and south. While the property to the north of the northern subject property is zoned residential, development on that property will most likely be multi -family, since the property is zoned RM -10. With multi -family development, there are opportunities to cluster buildings and provide separation and buffers from adjacent sites. Combined with required buffering of development on the northern subject property, those factors will limit any incompatibilities between development on the northern subject property and property to the north. As to the property to the west of that northern subject property, that land is owned by the applicant and will function as a buffer between development on the northern subject property and properties further to the west. Since the southern subject property will be down zoned to residential and is part of applicant's larger parcel, there will be no incompatibilities between the southern subject property and the surrounding area. For those reasons, development of the subject property under the proposed land use designation and (W zoning district will be compatible with surrounding areas. Potential Impact on Environmental Ouality For both properties, the environmental impact will be the same under the existing and the proposed land use designations and zoning districts. No adverse environmental impacts associated with this request are anticipated. CONCLUSION The proposed Future Land Use Map amendment and rezoning requests are consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. The proposed changes will increase land use efficiency and facilitate economic development. For those reasons, staff supports the request RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed future land use map amendment and associated rezoning by approving the attached land use amendment and rezoning ordinances. V/ i", (W ATTACHMENTS: 1. Existing and proposed Land Use and Zoning maps 2. Land use Amendment and Rezoning Request Applications 3. Future Land Use Amendment Ordinance 4. Rezoning Ordinance Approved Agenda Item: Indian River Co. Approved Date Admin. Legal Budget , b 7 )o Dept. Risk Mgr. F:\Community Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\IMG Citrus\Staff reports\BCC item IMG Citrus.doc A A Existing and proposed Land Use and Zoning maps Existing Land Use Map Proposed Land Use Map sa.ec aeea�o�onwo.o.n.tiwra aro ExisftZMVQMV on ame Pmpmd SMV Attachment 1 APPLICATION FORM LAND USE DESIGNATION AMENDMENT (LUDA) INDIAN RIVER COUNTY Planning Division accepts Land Use Designation g Amendment applications months of January and July of each year unless it is a small scale land use a than 10 acres). Each application must be complete when submitted and m required attachments. An incomplete application will not be processed returned to the applicant. Assigned Project Number: LUDA - 95DF 0 0V 7_ 7 6 T 3 5 Current Owner Applicant (Contract Purchaser Name: IMG Enterprises, Inc. Same as owner Complete Mailing 2600 45th Street Address: Vero Beach, FL 32967 Phone # (including area 772-778-6783 code) Fax # (incl ding area code 772-778-9415 E -Mail: tod ie im citrus.co Contact Person: Mr. Tnrl ,,fn. -m_ I Signature of Owner or Agent: Property Information Site Address: 2600 45th Street & 4725 Old Dixie Hwy J , �% Jar`/' `-`_ ��'• d� fig-tM9 d ss; ;i a be� �`' �/ < MezzV 4 11dA A -7 6 Agent MBV Engineering, Inc. 1835 20th Street Vero Beach, FL 32960 772-569-0035 772-778-3617 Site Tax Parcel I.D. #s: 32-39-23-00000-5000-00010.0 & 11.0 and 32-39-23-00001-0000-00004.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) See attached survevs. com 45th St Old Dixie 45th St Existing Land Use Designation: C/I M-2 Old Dixie Existing Zoning District: IL RM -10 Requested Land Use Designation: M-2 C/I Requested Zoning District: RM -10 IL Total (gross) Acreage of Parcel: 11.56 5.0 Acreage (net) to be Amended: 2.16 2.16 Existing Use on Site: 45th St = Packing House Old Dixie = Vacant 45th St Wetland conservation for 2.16 acre wetland area Proposed Use on Site: Old Dixie = Industrial for 2.16 acre re -zoned area APPLICANTS) MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. r WACHMENT ' " 150 0 FA LAND USE DESIGNATION AMENDMENT APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: No Pr(>perty Size LUDA Only LUDA and Rezonin - Less than 5 Acres $3,000.00 $3,800.00 - 5 to 40 Acres $3,800.00 $4,100.00 $4,100.00 - 41 to 100 Acres $4,000.00 $4,400.00 - More than 100 Acres $4,000.00* $4,500.00** * $200.00 for each additional 25 acres over 100 acres ** $150.00 for each additional 25 acres over 100 acres 2. Completed LUDA Application Form frontpage)_X 3. Completed Rezoning Application Form (if applicable) X 4. Letter of Authorization from Current Owner(s) - OR Current Owner is Applicant X 5. Verified statement (separate letter) naming every individual or entity having legal or equitable X ownership in the property. 6. One 1 Copy of the Owner's Deed X 7. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee X ownership of the property. 8. One (1) SEALED boundary survey of the area to be redesignated. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land proposed for resdesignation; X. o the size of the land proposed for redesignation; ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 9. Electronic version MS Word is referable of the legal description X 10. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency N/A Certificate, including traffic study, if applicable 11. Written statement discussing the following: . ❑ The proposed amendment's consistency with the goals, objectives, and policies of the comprehensive plan; X ❑ The proposed amendment's impact on public facilities and services ❑ The proposed amendment's environmental impacts; and ❑ The proposed amendment's compatibility with surrounding areas. lvuiE:.t-EMS 2-7 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 FACommunity Development\Users\VICKIE\FORMS\CPAAMENDMENTFORM.doc 151 APPLICATION FORM REZONING REQUEST (RZON) (W INDIAN RIVER COUNTY Each application must be complete when submitted and must inclul attachments. An incomplete application will not be processed and will be applicant. Assigned Project Number: RZON -QST T Od cf Current Owner Applicant (Contract Purchaser Name: IMG Enterprises, Inc. Same as owner Complete Mailing 2600 45th Street Address: Vero Beach, FL 32967 Phone #: (including area codeFax E7722-778-6783 #: (including areacode 78-9415 E -Mail: todd.haff @imgcitrus.co Contact Person: 1V . odd affield Signature of Owner or Agent: Property Information Site Address: 2600 45th Street & 4725 Old Dixie Hwy. 4567g�7 � <� c_ w ., W 6 all requ reed` returned to the Agent MBV Engineering, Inc. Vero Beach, FL 32960 772-569-0035 772-778-3617 Mr. Todd Howder ---] Site Tax Parcel I.D. #s: 32-39-23-00000-5000-00010.0 & 11.0, and 32-39-23-00001-0000-00004.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) See attached surveys. ing Zoning District: IL RM -10 Existing Land Use Design C/I —M ested Zoning District: RM -10 IL Total (gross) Acreage of Parcel: 11.56 5.0 Acreage (net) to be Rezoned 2 16 i 2.16 Existing Use on Site: 45th = Packing House Old Dixie = Vacant 45th = wetland conservation for 2.16 acre wetland area Proposed Use on Site: 11 152 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. 1. Fee: ITEMS Property Size Checklist I Staff Checklist - Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,000.00 X - 41 to 100 Acres $2,300.00 -More than 100 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres 2. Completed Rezoning Application Form front page) X 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant X 4. Verified statement (separate letter) naming every individual or entity having legal or equitable X ownership in the provell 5. One (1) Copy of the current Owner's Deed X 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee X ownership of the property. 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned X ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and o a north arrow 8. Electronic version (MS Word is preferable) of the legal description X 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency N/A Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 FACommunity Development\Users\VICKIE\FORMS\rezoningrequestform.doc 2 153 ORDINANCE NO. 2013 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ± 2.16 ACRES FROM C/I, COMMERCIAL/INDUSTRIAL, TO M-2, MEDIUM DENSITY RESIDENTIAL -2 (UP TO 10 UNITS/ACRE) (southern property); AND SIMULTANEOUSLY REDESIGNATING ± 2.16 ACRES FROM M-2 TO C/I (northern property). AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received the subject comprehensive plan small scale land use amendment application, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on June 13, 2013, after due public notice, and WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners approve the request; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on July 16, 2013, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted. SECTION 2. Amendment to the Comprehensive Plan Southern Property To change the Future Land Use Map designation from C/I, Commercial/Industrial, to M-2, Medium Density Residential -2 (up to 10 units/acre), for the following described property situated in Indian River County, Florida: a. A AeNcri .-� ....5,1 154 ORDINANCE NO. 2013 - COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 23, A DISTANCE OF 790.8 FEET TO THE POINT OF BEGINNING OF THE LAND BEING CONVEYED; THENCE RUN EAST ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 23, TO A POINT ON THE SAID SOUTH BOUNDARY LINE THAT IS 225 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE NORTH 225 FEET; THENCE RUN EAST TO THE WEST RIGHT- OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE WEST RIGHT-OF-WAY LINE OF SAID FEC RAILWAY TO A POINT WHERE THE NORTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, INTERSECTS THE WEST RIGHT-OF-WAY LINE OF THE SAID FEC RAILWAY; THENCE RUN WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23 TO A POINT THAT IS 426.9 FEET EAST OF THE INTERSECTION OF SAID NORTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, WITH THE WEST LINE OF SAID SECTION 23; THENCE RUN SOUTH ON A STRAIGHT LINE TO THE POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM: THE RIGHT-OF-WAY FOR NORTH GIFFORD ROAD AS MORE PARTICULARLY DESCRIBED ON O.R. BOOK 62, PAGE 543, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. The above described premises contain 2.16 acres, more or less. Subject to all easements, right-of- way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Northern Property To change the Future Land Use Map designation from M-2, Medium Density Residential -2 (up to 10 unit / acre), to CA, Commercial/Industrial for the following described property situated in Indian River County, Florida: LOT 4 OF W. BOBO'S, BEING A PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 PAGE(S) 89, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. The above described premises contain 2.16 acres, more or less. Subject to all easements, right- of-way of record, conditions and restrictions as contained with the chain of title. All lying and being in Indian River County, Florida. 2 155 ORDINANCE NO. 2013 - SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the 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 (W adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Peter O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman This ordinance was filed with the Department of State on date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller IC Deputy Clerk the following 3 156 ORDINANCE NO. 2013- ;i1;1i'anmKt OVD AS TO FORM AN AL SUFFICIENCY . DeBraal, Deputy County Attorney AdPPR AS TO PLANNING MATTERS Robert M. Keating, AI P; mmuni velopment Director F:\Community Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\IMG Citrus\Ordinance\IMG Citrus land use Ordinance July 16, 2013.doc 157 (4w ORDINANCE NO. 2013 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP BY REZONING ±2.16 ACRES FROM IL, LIGHT INDUSTRIAL DISTRICT, TO RM -10, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 10 UNITS/ACRE) (southern property); AND SIMULTANEOUSLY REZONING ±2.16 ACRES FROM RM -10 TO IL (northern property). AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: Southern Property. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 23, A DISTANCE OF 790.8 FEET TO THE POINT OF BEGINNING OF THE LAND BEING CONVEYED; THENCE RUN EAST ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 23, TO A POINT ON THE SAID SOUTH BOUNDARY LINE THAT IS 225 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE NORTH 4025 FEET; THENCE RUN EAST TO THE WEST RIGHT- OF-WAY LINE OF THE FLORIDA EASE' COAST RAILWAY; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE WEST RIGHT-OF-WAY LINE OF SAID FEC RAILWAY TO A POINT WHERE THE NORTH BOUNDARY LINE OF TFEf E SOUTHWEST QUARTER OF THE x Paye 1 of 3 - ArrAi'MMPAIT 'L 158 ORDINANCE NO. 2013 - SOUTHWEST QUARTER OF SAID SECTION 23, INTERSECTS THE WEST RIGHT-OF-WAY LINE OF THE SAID FEC RAILWAY; THENCE RUN WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23 TO A POINT THAT IS 426.9 FEET EAST OF THE INTERSECTION OF SAID NORTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, WITH THE WEST LINE OF SAID SECTION 23; THENCE RUN SOUTH ON A STRAIGHT LINE TO THE POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM: THE RIGHT-OF-WAY FOR NORTH GIFFORD ROAD AS MORE PARTICULARLY DESCRIBED ON O.R. BOOK 62, PAGE 543, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 2.16 ACRES MORE OR LESS. is changed from IL, Light Industrial District, to RM -10, Multi -family Residential District. And Northern Property: LOT 4 OF W. BOBO'S, BEING A PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 PAGE(S) 89, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 2.16 ACRES MORE OR LESS, is changed from RM -10, Multi -family Residential District, to IL, Light Industrial District. All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of July, 2013. This ordinance was advertised in the Press -Journal on the _ day of 2013 for a public hearing to be held on the 16th day of July, 2013 at which time it was moved for adoption by Commissioner , seconded by adopted by the following vote: ,and Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Paae 2 of 3 159 ORDINANCE NO. 2013 - Tim Zorc, Commissioner Peter O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordina date: nce was filed with the Department of State on the following APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4ilii�-�m7.77De�Braal,�De,.,�y County Attorney bert AS TO PLANNING MATTERS Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\IMG Citrus\Ordinance\Rezoning Ordinance IMG Citrus.doc Pap -e 3 of 3 160 Board of County Commissioners July 16, 2013 Planning and Zoning Commission Action On June 13, 2013 the PZC recommended that the BCC approve 140roposed request Small Scale Amendment • Exempt from 4 times per year limit • Streamlined review • Fewer potential impacts � .:IQ, acres or less x' M trr Proposed Request 0. r ' /C r,� or/ / rem (06p, I. Existing and Proposed Land Use Maps /60 ` i Concurrency ► Swap of land use designations ► Not increasing density or intensity ► Exempt from concurrency review concurrency review will be done at of project development FLUE Policy 14.3 Requires that one of four criteria be met to approve a comp plan amendment. ►A mistake in the approved plan; Rrvpversight in the approved plan; As retial change in circumstances; or p -or reconfiguration of land uses at is consistent with the Comprehensive Plan Criteria Analyzed ► Concurrency Do- Consistency with the Comprehensive impact with surrounding uses /60 d - 2 Environmental Impacts o. Environmental impact will be the same under existing and proposed land use ons environmental impacts Recommendation Conclusion Requested LUDA and zoning is: ►Compatible with surrounding uses ► Consistent with the comprehensive plan the request I60 - 3 P.O. Box 1268 Vero Beach, Florida 32961 562-2315 ®- ® 3'ourflal FeI_ COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Debbi Vickers who on oath says that she is Manager Display Advertising of the Press Journal, a daily newspaper published in Indian River County, Florida; that V, billed to 0 was published in said newspaper in the issue(s) of Sworn to and subscribed before me this .'2 day of rrnnnnornr•nar• r••rrrlrn���N�Q�O���= CATHERINE POLICARE *105P ��`""r"""%y, Gomm# DD0903382 *a �r Expires 9/25/2013 `'�'�:F Florida Notary Ann., IN NrN�N Arrrrrr.••r•.nr•.rr,r.. ••�• n•r••rnr� A.D. 2013 Advertising Manager 00az¢ +i jou a O- w O LL ��ZV1NF'QZ�W °'"'uJ. m � c °cc 2 ° o.y ZfnW O�J(7�p0 N. z z j 0 Q o¢ Q E. artOs _F c _>gSzvW <z -010 C as O W 0-I.E0_ JQp J _o p:F y 0 m m i.N�LL O�zWO C) W U 11 c p a C N N E °O LL W O Z� ti Q N m m 0O Wos N o m o � o UC7 U~' 2�°a: 0 m0 �v oa c -O o� E zisE:, m"-Ua d `m ac J ys U- m ZZzm +iZ�m QU �¢c°)� °« d«Q n E o��¢pN ccr oma Q.v a Q Q<LL ¢ Q Q +N1 U00 s c y ._ v . J Qj t O v e C p c«��pEo E s c U�� N lO m O y « C O. —a � N N O C a m a c m QLma_oa �n "E«>' AL))m T '� '0 3 t ° a s vin NN>ca '-.O c0 'OE NJaN 7yDou°.�'mc sOm��d yA E.cmcaaaA°�^a�'i m' FE n O L N C Op C tO j U a C .H s o E .UQ> m o. a E m.c aQE, t4; 0 Alan S. Polackwich, Sr., County Attorney Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney 31 PUBLIC NOTICE ITEMS: 7116113 /061 Office of l INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: July 3, 2013 ATTORNEY RE: Public Notice of Special Call Meeting Scheduled for Thursday, July 18, 2013 to Conduct a Public Hearing and to Consider Adoption of a Proposed Fertilizer Ordinance The Board of County Commissioners will hold a Special Call Meeting on Thursday, July 18, 2013 at 9:00 a.m. in the County Commission Chambers, located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida, to conduct a Public Hearing to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MODEL ORDINANCE FOR FLORIDA FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MINOR MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. /nhm APPROVED FOR B.C.0 MEETINGAll COUNTY ATTORNEY) 1r, ;w Riiv., Ca Avvrovtd ~Legal Budget i Oepi. gr. Date _' 161 ON CEJ /0 6o2 a.�b INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DE A TMENT HEAD CONCURRENCE: Robert M. Keating, AIT; Come om ity Development Director FROM: Stan Boling, AICP; Planning Director DATE: July 2, 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 County Commissioners at its regular meeting of July 16, 2013. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: August 20, 2013 Providence Pointe Vero Beach, LLC's Request to Rezone Approximately 186.33 Acres from A-1, Agricultural 1 (up to 1 unit/5 acres), and RS -3, Residential Single -Family (up to 3 units/acre), to Planned Development Traditional Neighborhood Design (PDTND) and to Obtain Conceptual/Special Exception Planned Development Plan Approval For a Project to be Known as Providence Pointe [2004110179-70350/PD-13-04-01] [Legislative] 2. Consideration of Proposed Land Development Regulation (LDR) Amendment to Section 911.15(1)(d), West County Industrial Park Height Exception [Legislative] RECOMMENDATION: The above referenced public hearing items are provided for the Board's information. No action is needed at this time. Indian River Co. ApWoved Date Admin. W 7111113 Legal Budget Dept.1-7,& Risk Mgr. FACommunity Development\CurDev\public hearings\BCC\2013\8-16-13 public hearing notice to board.doc 162 A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AICP% Commprf�y' Development Director DATE: July 8, 2013 SUBJECT: Consideration of Water Connection Policy for Properties Lying Outside the Urban Service Area It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2013. BACKGROUND At its meeting of June 18, 2013, the Board of County Commissioners (Board) heard from a number of property owners who reside along 66th Avenue, south of 16th Street, and currently get their water from individual on-site wells. Those residents expressed a strong desire to connect their homes to a county water line that is being installed along 66th Avenue as part of the 66th Avenue road paving project. Because those residents own properties that are located outside of the Urban Service Area (USA) and not contiguous to the USA boundary, they cannot connect their homes to county water under current comprehensive plan policy. During the June 18th meeting, County Planning staff explained the purpose of the USA and the USA - related connection policy. After hearing from residents and planning staff, Board members discussed the merits of allowing residents with "bad water" to connect to an adjacent water line that is planned to be installed with the 66th Avenue road project. In the end, the Board directed staff to take two actions. For a long term comprehensive solution to water connection for properties outside the USA, the Board directed staff to assess the current Comprehensive Plan Water Connection Policy and report back to the Board. To address the near term issue of connecting 66th Avenue residents to County water, the Board directed staff to coordinate with the Health Department to determine if the 66th Avenue residents qualify for connection based on the policy exception for properties with contaminated water. Consistent with the Board's directive, staff has reviewed water connection policies, analyzed those policies, and identified options for the Board. That information is provided in this staff report. FACommunity Development\Users\CDADMIIAAGENDA\2013\WaterconnectionoutsideUSA 071613.doc 1 163 DESCRIPTION AND CONDITIONS Since 1990, Indian River County has had a designated Urban Service Area (USA). Located almost entirely east of interstate 95, the USA is that portion of the County where urban services and facilities are provided. As such, the USA is that part of the County which can accommodate higher intensity development. While the principal purpose of the Urban Service Area is to establish where urban facilities such as water and sewer lines are constructed and where urban services are provided, the USA also serves as an urban growth boundary. In that capacity, the USA serves as the area in which urban development is encouraged, and outside of which urban development is prohibited. In its present position, the Urban Service Area boundary provides a clear delineation between urban and rural areas. Since the uses allowed outside the USA are limited to extremely low density residential uses or clustered development, as well as agricultural and natural uses, the USA serves to maintain the rural character of the land outside the urban service area. For that reason, the USA provides an important function in directing urban and rural development to appropriate locations. An important aspect of the County's Comprehensive Plan and Future Land Use Map is to direct residential, commercial, and industrial growth to property inside the Urban Service Area. In so doing, the plan ensures that infrastructure investments are made in an efficient and cost effective manner, while urban development occurs in a generally compact pattern. (W In the Future Land Use Element of the Comprehensive Plan, there are several urban service area policies. Those policies primarily focus on services provided within the urban service area, densities allowed within and outside of the urban service area, and uses allowed within and outside the urban service area. Those policies also address urban service area expansion. As to the restriction of public facilities outside of the urban service area, that issue is addressed in both the Potable Water Sub -Element and the Sanitary Sewer Sub -Element of the Comprehensive Plan. Through Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element, the Comprehensive Plan essentially limits the provision of centralized water and sewer service to areas within the urban service area. Although those policies limit water and sewer service to areas within the USA, each of the policies has a list of exemptions to the general rule of prohibiting water and sewer outside of the USA. Generally, the exemptions to the prohibition of providing water and sewer service outside of the USA are limited. Those exemptions include an allowance for uses, such as agricultural businesses and agricultural industries, that typically locate in rural areas. The exemptions also apply to types of uses, such as clustered developments and new town projects, that the County encourages. Finally, there are exemptions for properties that are contiguous to the USA boundary and properties with a high risk of private well contamination. FACommunity Development\Users\CDADMUV\AGENDA\2013\WaterconnectionoutsideUSA 071613.doc 2 164 With respect to the exemption for properties with a high risk of contamination, the comprehensive plan designates the Health Department as the agency that makes the contamination determination. After the June 18a' BCC meeting, staff contacted the Health Department regarding water quality in the 66"' Avenue area. Although the Health Department concurred that well water in the 66'h Avenue was not high quality, it indicated that the water is not contaminated based on the constituents that it tests for. The Health Department did indicate that the water may be contaminated based on constituents that the Health Department does not test for. For that determination to be made, however, 66th Avenue residents would need to have their water tested by an independent lab. Based on the results of those tests, the Health Department could then make a contamination determination. ANALYSIS As structured, the County's Urban Service Area policies address both growth management and utility system expansion issues. From a growth management perspective, the Urban Service Area establishes the urban and rural areas of the County based on where urban services are provided. From a utility system expansion perspective, the urban service area guides utility system design by establishing a set service area where transmission mains, pump stations, storage tanks, and other system components will be constructed. • USA — Growth Management Because the Urban Service Area establishes the basis for setting land use designations, it is a determining factor of where higher densities are allowed. That relationship between the USA and higher density development is appropriate because higher density development requires urban services, particularly centralized water and sewer service. Consequently, areas without water and sewer service are not appropriate for urban type development, while those areas with water and sewer service can be appropriate for higher densities. To ensure that water and sewer service is not expanded outside of the USA, thereby creating a de facto USA expansion, staff consistently applies the Comprehensive Plan's Urban Service Area policies. As a result, there are no rural areas of the County that would qualify for USA expansion and therefore higher densities based on the existence of water and sewer service. • USA — Utility System Expansion Since the County adopted its Urban Service Area in 1990, the USA has been the basis for utility system expansion. Essentially, the USA established the area where water and sewer service would be provided and the area where it would be prohibited. By so doing, the Urban Service Area has provided the basis for effective utility system planning and capital improvements programming. Because of the Urban Service Area, the utilities system has grown in an efficient and effective manner. That has involved providing water and sewer services in the higher density urban areas, and limiting utility service outside of the USA. By so doing, the utility system has avoided some of the problems that occur when water system expansion extends into rural areas. FACommunity Development\Users\CDADMIIAAGENDA\2013\WaterconnectionoutsideUSA 071613.doc 3 165 [A As indicated in the attached email from former Utilities Department Capital Projects Manager Mike Hotchkiss, there are various issues associated with extending water service outside of the USA. According to Mr. Hotchkiss, those issues range from higher costs to lower water quality. Generally, higher costs result when water systems are designed to provide adequate fire flow in areas without the density to utilize the capacity in the transmission mains and other system components. With lower velocities flowing through mains designed for optimum fire flow, there is more detention time for the water and a deterioration of chlorine residue. The result is poor water quality. To address that problem, the utility department has to flush lines on a regular basis, resulting in a loss of saleable potable water and higher operation and maintenance costs. • Alternatives Although the Urban Service Area has served a valuable function over the last twenty years, the Board of County Commissioners directed staff to evaluate the current County water extension policy with a focus on the 66th Avenue issues. As indicated above, the current policy serves both growth management and utility system expansion purposes. While significant changes to the current policy would limit the function of the USA, there could be additional exemptions which would not affect the integrity of the policy. Since the county's Urban Service Area policies are incorporated in the Comprehensive Plan, any change to those policies would require a Comprehensive Plan Amendment. Procedurally, such an amendment could be submitted in the July application window. Processing the amendment would then take several months. Given that the principal water system expansion issue is whether to allow expansion outside of the Urban Service Area, there are several alternatives available to the Board. Those alternatives are: • No change to the current policy • Allow properties, regardless of geographic location, to connect to the County utility system, • Allow properties abutting or within a specified distance of a County installed water line to connect to the County utility system - No Change to Current County Policy (Option 1) This is a no action option. With this option, the current policies would remain in effect. Because the current policies have been effective, this is an appropriate alternative. The downside to the no action option is that it does not resolve the 66th Avenue issue. While additional water testing may indicate water contamination in the 66`h Avenue area and thereby allow connection to County water, that has not been shown yet. FACommunity Development\Users\CDADMIN\AGENDA\2013\WaterconnectionoutsideUSA 071613.doc 4 166 - Allow properties regardless of geographic location, to connect to the County utility ss stem (Option 2) This is a radical option. With this alternative, the urban service area would be meaningless. If any property could connect to the County utility system, there would be no limit on the extension of water and sewer lines in rural and agricultural areas. From a growth management perspective, that would sever the relationship between the existence of utility services and the allowance of higher densities. With centralized water and or sewer service outside of the Urban Service Area, there would be more justification for land use plan changes to allow higher densities. From a utility expansion perspective, this option would adversely affect utility system planning, demand forecasting, and capital improvements programming. This alternative would also result in higher costs and poorer water quality. While this alternative would resolve the 66th Avenue issue by allowing residents to connect to County water, it would expand that allowance to anyone anywhere in the County. That would effectively negate the function and benefit of the Urban Service Area. - Allow properties abutting or within a specified distance of a County installed water line to connect to the County utility system (Option 3) This option is a logical extension of the County's current exemptions that allow certain properties located outside of the USA to connect to the County utility system. Similar to the current allowance (W for properties outside of but contiguous to the USA boundary to connect to County utilities, this alternative would recognize that, because a utility line is already in place, adjacent properties could connect to the line without further expansion of the utility system. By allowing properties adjacent to existing utility lines to connect to the County water system, this alternative would resolve the 66th Avenue issue. Because connections would be made to an existing utility line, this alternative would not result in some of the higher costs and poorer water quality issues that would occur with Option 2 above. CONCLUSION Over the years, the existing County Urban Service Area policies have worked well. Those policies have been the basis of growth management and utility expansion decisions in the past. As such, the current USA policies are appropriate to maintain. To address the 66th Avenue water connection issue, the Board can take a global approach by adopting Option 2, allowing any property to connect to the County utility system, approach, or it can take a more narrow Option 3, allowing only properties adjacent to an existing utility line to connect, approach. As referenced above, Option 2 is more problematic, since it will impact growth management, affect utility planning, increase utility costs, and result in poor water quality. For those reasons, Option 2 should not be selected. FACommunity Development\Users\CDADMEVRAGENDA\2013\WaterconnectionoutsideUSA 071613.doc 5 167 If the Board chooses either Option 2 or Option 3, it is important that any property that connects to the County utility system pay the full cost of that connection. RECOMMENDATION Staff recommends that the Board of County Commissioners not change the County's current Urban Service Area policies. If, however, the Board opts to modify the County's existing USA policies, staff recommends that the Board choose Option 3. That would involve amending the County's Comprehensive Plan to incorporate an additional exemption to the County's prohibition of extending utility service outside of the USA to allow properties adjacent to an existing utility line to connect to that line. ATTACHMENTS 1. Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan 2. Policy 5.7 of the Potable Water Sub -Element of the Comprehensive Plan 3. Mike Hotchkiss email RE: Issues Related to Expanding Water and/or Sewer Service Outside the USA APPROVED AGENDA ITEM: FOR: BY FACommunity Development\Users\CDADMIN\AGENDA\2013\WaterconnectionoutsideUSA 071613.doc 6 168 (W Comprehensive Plan Sanitary Sewer Sub -Element POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map. These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; o Sanitary sewer line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and o In no case shall centralized sanitary sewer lines be permitted to extend (W more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary, or more than 500 feet from the Urban Service Area boundary when the boundary is not a roadway. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is detennined to be a public health threat. 3C Y.1 V Community Development Department Indian River County 41 d 169 Comprehensive Plan Potable Water Sub Element Level Two - whether the project increases efficiency of use of existing faciliti prevents or reduces future improvement costs, provides service to developed E lacking full service or promotes in -fill development. • Level Three - whether the project represents a logical extension of acilities and services within a designated service area POLICY 5.3: In order to guarantee provision of more than the minim level of service, the county shall take the following steps: • begin planning and preliminary design for expansio hen a plant's Average Daily Demand is projected to equal or exceed its capaci within 5 years; • prepare plans and specifications for expansio hen a plant's Average Daily Demand is projected to equal or exceed its capaci within 4 years; • submit a complete construction pe it application to the Florida Department of Environmental Protection for ex nsion when a plant's Average Daily Demand is projected to equal or exceed it capacity within 3 years; and • submit an application for operation permit for the ex anded facility p p ihty to DEP when a plant's Average Daily emand is projected to equal or exceed its capacity within 6 months. POLICY 5.4: The c my potable water system shall continue to operate as an enterprise system which is fi ncially self-supporting. POLICY 5.5 The county shall fund potable water capital improvements and expansions through u r fees, impact fees, developer's agreements, assessments and other appropriate fees an nding mechanisms. Y ICY 5.6: The county shall pursue state and federal sources of funding available for the mprovement and expansion of utility services. POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: • Areas within the Urban Service Area; Areas where the county has legal commitments to provide facilities and services as of Community Development Department Indian River County 46 N UJ 6� H Q 170 A Comprehensive Plan Potable Water Sub -Element of the date of adoption of this plan; Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map. These areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; O Potable water line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and O In no case shall centralized potable water- lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary, or more than 500 feet from the Urban Service boundary when the boundary is not a roadway. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. OBJECTIVE 6 Privately Owned Public Water Plants Through the time horizon of the plan, there shall be no instances of Privately Owned Public Water Plant failures or breakdowns. POLICY 6.1: The county shall limit the use of Privately Owned Public Water Plants to areas that meet the following criteria governing connection to the county potable water system: Community Development Department Indian River County 47 171 Bob Keating prom: Mike Hotchkiss nt: Friday, June 28, 2013 5:07 PM o: Stan Boling; Bob Keating Cc: Vincent Burke Subject: RE: Issues Related with Expanding Water and/or Sewer Service Outside the USA Issues related to expanding water and sewer outside the USA: 1. The current system has been designed with transmission mains, pump stations, storage tanks, treatment facilities, etc. to only serve a finite region with a relatively standard density. To suddenly make the decision to expand beyond that finite region to an infinite area that is generally lower density is very difficult. It is also difficult to design the lower density areas, because you need large transmission mains and larger pumps to provide fire flow, but the normal demands associated with a lower density means that the large pumps rarely flow at their optimum efficiency. 2. To design transmission mains, treatment facilities, storage facilities, etc. to be adequate to provide fire flow to a remote region with a relatively low density is very expensive per capita compared with serving a region designated for a higher density. This results in higher impact fees and higher maintenance and depreciation costs than would normally be seen in a higher density region. 3. There are also issues related with water quality on serving lower density areas that have the same fire flow demand, but have a lower average daily demand. This is due to lower velocities flowing thru water mains designed for large fire flows. The chlorine residual deteriorates due to longer detention times in the main and results in poor quality water. The customers then complain resulting in the need to flush water mains, that waste water that would normally be sold. This results in increased operation and maintenance cost per capital resulting in higher rates for customers because all customers must subsidize the treatment and maintenance cost of the lower density areas. 4. The larger transmission mains, treatment facilities, storage facilities and pumps also result in higher depreciation due to the higher value of the infrastructure. 5. Unidirectional extensions of the utility lines outside the USA without the possibility of looping the distribution creates potential dead-end lines that could contribute to water quality concerns and reliability issues. W Michael C. Hotchkiss, P.E. (FL) apital Projects Manager %Pndian River County Utilities 1801 27th Street 172 P & J... Departmental Matters Indian River County (W Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: July 9, 2013 SUBJECT: Recreational Revenue Refun ig Bonds, Series 2003 Consideration of Early Pa ff 'th Interfund Loan from General Fund FROM: Jason E. Brown Director, Management & Bud t Background The Recreational Revenue Refunding Bonds were issued for the purpose of refunding the- existing Recreational Revenue refunding Bonds in 2003. These bonds were issued in 1993 to refund two previous issues. The Series 1993 bonds were issued in the original principal amount of $9,875,000, and at the time of the refunding, $6,735,000 in bonds were still outstanding. The Series 1985 and Series 1991 bonds were issued for the construction of the County golf course (Sandridge Golf). (W Payment of the principal and interest on the Series 2003 Recreational Revenue Refunding Bonds is payable and secured by a first lien upon net revenues of the golf club and the "Racetrack and Jai Alai Fronton Funds" (Fronton Funds). The Fronton Funds were subsequently replaced by an equal share of State Sales Tax (Racetrack and Fronton Replacement Revenues) during the 2000 legislative session of the State of Florida. The Series 2003 Bonds are additionally secured by a first lien upon 7% of the Half -Cent Sales Tax revenue received by Indian River County. Analysis Staff has prepared an analysis regarding the payoff of the remaining bonds outstanding during this fiscal year. The bonds are callable on or after September 1, 2013 at par value. Of the $2,120,000 still outstanding, $555,000 reaches maturity on September 1, 2013. This payment is already included in the current year budget. After the September 1St payment, a balance of $1,565,000 will remain. The General Fund currently has sufficient surplus funds to pay off these bonds. The Golf Course will then repay this interfund loan just as if this was a typical bond refinancing. It is important to note that this will be a loan from the General Fund and not a subsidy of the Golf Course. Sandridge has historically been fully supported by user fees. This will continue into the future. This "refinancing" will provide an interest savings for the golf course. In addition, the General Fund will receive higher interest earnings on this loan than available in current short term investments. Staff proposes an interest rate of 2.50%, which is slightly lower than the 10 -year municipal bond rate of 2.73% according to Bloomberg. The remaining bonds outstanding carry interest rates ranging from 3.875% to 4.125%. Therefore, the lower interest rate charged by the General Fund will provide savings of about $44,944 over the remaining three years (please see attached worksheet). The County's short-term investment portfolio is earning approximately 0.50%. Therefore, this loan would provide interest earnings to the (W General Fund substantially higher than alternate investments. The table below illustrates the additional interest earnings for the General Fund based upon an assumed interest rate of 1.0% for the next three years, which are projected to total approximately $43,875. 173 Board of Commissioners Page 2 of 2 (W July 10, 2013 Estimated Interest Earnings — General Fund A Year Investment Portfolio Earnings 1.0% Interfund Loan Interest 2.5% Net Interest Earnings Gain/ Loss 2014 $15,650 $39,125 $23,475 2015 $9,800 $24,500 $14,700 2016 $3,800 $9,500 $5,700 Totals $29,250 $73,125 $43,875 In the future, staff may recommend an additional interfund loan to cover the replacement of the irrigation system on the Dunes course (estimated cost $950,000). This system was installed when the course originally opened in 1987, and it is now well beyond its life expectancy- of twenty- years. Over the last few years, maintenance costs for this system have increased substantially. Staff Recommendation Staff recommends that the Board of Commissioner authorize staff to begin the process of calling the remaining Recreational Revenue Refunding Bonds, Series 2003 in the amount of $1,565,000 that become callable on September 1, 2013. Staff further recommends that the Board authorize an interfund loan from General Fund reserves in the amount of $1,565,000 at an interest rate of 2.5% per year. This loan will be repaid by the Golf Course on the same schedule as the current bond issue (see attached debt service schedule). Staff also recommends that the Board authorize a budget amendment to allocate funding for this transaction from General Fund Cash Forward. Attachments Golf Course Bond Payoff- Estimated Savings from Interfund Loan Golf Course Bond Payoff- Proposed Debt Service Schedule APPROVED AGENDA ITEM: BY:a-<23"U?d Jos ph A. Baird County Administrator FOR: July 16, 2013 Indian River County Approved Date Administrator W -711,111-3 County Attorney -23 Budget Department 174 V 4- 4_ (w O L L L7 u r1 d Ql Ol ICY) 00 !"I "T,71, rl m 0), 0) of cn > c n c'i i' V/ . d Ln Lli, lD l c -i r-1 e-1 4 rl e O :O O O O C N N< N n1-: N '0 L 11w x N x N fC C ttQy� 4- O f0 CL c O CD LL J rO V O N 4J m 175 O to N Ln .: fV. C �': f!5: W 0 U C7 O O O o C7 a 4- -N Y in Ln .: fV. 00, m., �': f!5: Ql 0 U 00 C o Ln (A O � - Ln O. M O A a w 1 � Na' 00" C N Cf) cel'"' Ql' 03 Kf '> MO W ter= Co Ln N -0 L tv � D X V Ln O O o C7 a m T -I O N c-1 r w 176 O: Y in Ln .: fV. 00, m., �': f!5: Ql 0 U 00 C o Ln o_ Ln Ln V) C, LD. tf)�� Na' 00" Nd 00;; O N Cf) cel'"' Ql' 03 Kf to toy; ter= Co c � 41 Ln �, N X :'' Ln 4A. LU 0- m T -I O N c-1 r w 176 _ O 0 O 0 O m ,n: o- C o Ln o_ Ln Ln LL O (.0 O. Ln Ln, Ln �, N p� Ln 0- 0) d N N =. Cf ' �:: 4j)_ 00 Ti -4 O rl O- O Q: O v Ln 00p O , 00 ` to vi Q� M t41 O O:. O O, t0 O +- t0 tD, . Ln Ll). Ln to N N Ln lnr.' I� n, N r.{ L C C 41 0 E Laj N r I T-1 H >- m; Lr O N N O � O O >- 00 Ti Ti Ln Ti t=1 Ti ri" Q- L '� Z z L O O° O 'O, O O` O C C O a+ 3 L� cO L Q.. L CL N 44 L Q) Ln Ln Lnc� as r°- m T -I O N c-1 r w 176 INDIAN.RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 TO: Joseph A. Baird, County Administrator Q12. THROUGH: Christopher R. Mora, P.E., Public Works Director Com`-' and THROUGH: Vincent M. Burke, P.E., Utility Director FROM: W. Keith McCully, P.E., Stormwater Engineer Oq SUBJECT: APPROVAL OF CONSTRUCTION OF THE PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY; AND APPROVAL OF CONSTRUCTION OF ASSOCIATED STORMWATER AND BRINE CONCENTRATE FORCE MAINS DATE: July 8, 2013 INTRODUCTION The purpose of this Agenda Item is to request the Board of County Commissioners: A. Consider awarding a contract to construct PC South Algal Nutrient Removal Facility (PC South); B. Consider awarding a contract to construct a stormwater force main from the South Relief Canal pump station to the PC South site, and a brine concentrate force main from the South County Water Treatment Plant to the PC South site; C. Consider authorizing staff to direct purchase certain PC South equipment to reduce overall project cost; D. Consider approval of a construction contract contingency fee reserve that staff will have available to issue change orders if necessary; and F:\PublicWorks\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid Award for Construction.doc 177 Page 2 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 E. Consider payment of a Technology License Fee to Hydromentia, Inc. for use of proprietary Algal Turf Scrubber technology at PC South. PC South will be a regional stormwater pollution reduction facility similar to Egret Marsh Stormwater Park (Egret Marsh), in that it uses algae to remove dissolved nutrients from water. The treatment facility will be located adjacent to the South County Water Treatment Plant on a former orange grove site. A large pump station to be constructed within the Indian River Farms Water Control District (IRFWCD) South Relief Canal will pump up to 10 million gallons per day (MGD) of canal water onto a concrete floway on which algae will be grown. At the floway influent structure, up to 1.5 MGD of brine concentrate from the South County Reverse Osmosis (RO) Water Treatment Facility will be blended with the canal water. The mixture will travel down the floway surface where algae will remove dissolved nitrogen and phosphorus and reduce some trace elements. Additionally, the brine concentrate's dissolved hydrogen sulfide will be released into the atmosphere. After passing through the algae crop, the water will flow into a polishing pond and a wetland system for final pollutant reduction, pH stabilization, and temperature equalization. The treated effluent will then flow back to the South Relief Canal and eventually into the Indian River Lagoon. The algae's ability to remove organic pollutants from the brine concentrate and reduce the brine toxicity to marine organisms, will allow the County Division of Utility Services to comply with a Florida Department of Environmental Protection (FDEP) Consent Order. The Consent Order requires the County to remove its current brine concentrate direct discharge from the South Relief Canal or face regulatory fines. Project construction timing is critical because of the Consent Order. County Utilities will request that FDEP grant a Consent Order time extension once the project schedule becomes finalized. The Consent Order expires on October 22, 2013. The 12.8 acre PC South site is smaller than the 35 acre Egret Marsh facility and space is not available for processing algae products. Therefore, all algae harvested at PC South will be transported to Egret Marsh and mixed with Egret Marsh's harvested algae for processing into reusable compost or other environmentally friendly byproducts. Processing harvested algae at a single facility will maximize efficiency and reduce overall processing costs. The floway length and width was based on a pilot plant study performed on the canal water/RO brine concentrate. Based on removal rates experienced during the pilot plant study, the proposed facility is expected to remove the following quantities of nutrients from the mixture each year: • Total Nitrogen = 9,830 pounds = 2,458 forty pound bags of 10-5-10 (N -P -K) fertilizer. 2 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid 17 8 Award for Construction.doc Page 3 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 • Total Phosphorus = 2,450 pounds = 1,225 forty pound bags of 10=5-10 (N -P -K) fertilizer. • Total Suspended Solids = 25,389 pounds = 12.7 tons. DISCUSSION OF THE ISSUES A. Construction Contract for PC South Algal Nutrient Removal Facility and Pump Station The PC South construction contract includes construction of the PC South treatment facility near the South County Water Treatment Plant, and a canal water pumping station at the South Relief Canal near 27th Avenue. Attachment A shows the locations of the PC South site and the South Relief Canal Pump Station. Construction plans, specifications, bidding, and contract documents were prepared by Public Works Stormwater Division with assistance from structural and electrical engineering subconsultants. Requests for bids for PC South's construction contract (titled "PC South Algal Nutrient Removal Facility") were advertised on April 25, 2013 (Bid No. 2013030). Five construction bids for the PC South treatment facility and the South Relief Canal pump station were received on June 5, 2013 and are listed in Table 1. Detailed bids are presented in Attachment B. Table 1 — PC South Algal Nutrient Facility Bids PC South Algal Nutrient Facility Bidder Total Bid Price Close Construction, LLC $5,856,660.20 Cardinal Contractors, Inc. $6,397,000.00 Lucas Marine Acquisition Co., LLC $6,784,000.00 Wharton -Smith, Inc. 1 $6,939,010.00 Gibbs & Register, Inc. 1 $7,866,572.00 With a low bid of $5,856,660.20, Close Construction, LLC is the apparent lowest responsive bidder. Staff researched Close Construction's bid submittal, references, and other pertinent information and discovered no reason why Close Construction, LLC should not be awarded the construction contract. The company successfully constructed another algal treatment system in Okeechobee for South Florida Water Management District; and it recently constructed Egret Marsh's concrete floway surface, replacing the original membrane/grid surface. A complete copy of Close Construction's 3 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid Award for Construction.doc 179 Page 4 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 bid is presented as Attachment C and a sample construction contract with Close Construction is presented as Attachment D. The Engineer's Opinion of Probable Construction Cost for the PC South Algal Nutrient Removal Facility and South Relief Canal pump station (not including County direct purchase items) was $6,585,000. The PC South construction contract will be administered by Public Works Stormwater Division. B. Construction Contract for a Stormwater Force Main from the South Relief Canal Pump Station to the PC South Site; and a Brine Concentrate Force Main from the South County Water Treatment Plant to the PC South Site A large diameter (±24 inch) force main must be constructed from PC South's pumping station at the South Relief Canal near 27th Avenue, to the PC South Site. Also, a force main carrying reverse osmosis brine concentrate must be constructed from the South County Water Treatment Plant to the PC South site. The pipelines were designed by Kimley-Horn and Associates and the design and bidding was managed by Division of Utility Services. Requests for bids for the force main construction contract (titled "South County Brine Disposal Pipeline") were advertised on May 2, 2013 (Bid No. 2013038). Attachment E shows the proposed pipeline routes. Seven construction bids were received on June 6, 2013 and are listed in Table 2. Detailed bids are presented in Attachment F. Table 2 — South County Brine Disposal Pipeline Bids South County Brine Disposal Pipeline Bidder Total Base Bid Price Felix Associates of Florida, Inc. $1,164,853.40 TB Landmark Construction, Inc. $1,328,896.00 Andrew Sitework, LLC $1,394,524.40 Metro Equipment Service, Inc. $1,526,978.00 Timothy Rose Contracting, Inc. $1,609,785.94 Melvin Bush Construction, Inc. $1,629,711.27 SDV Services, LLC $1,791,685.00 With a low bid of $1,164,853.40, Felix Associates of Florida, Inc. (Felix) is the apparent lowest responsive bidder. Kimley-Horn found no evidence suggesting Felix could not perform the Work, and received positive references regarding past work performed by Young's Communications, the proposed subcontractor for horizontal directional drilling on this project. Kimley-Horn recommends the County Commission award the construction contract to Felix. A complete copy of Felix Associates' bid is presented as 4 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid o 180 Q U Award for Construction.doc I A Page 5 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 Attachment H and a sample construction contract with Felix Associates is presented as Attachment I. The Engineer's Opinion of Probable Construction Cost for the pipeline bid was $1,640,000. The pipeline construction contract will be administered by Division of Utility Services with assistance from Kimley-Horn and Associates. C. Direct Purchase of Certain PC South Equipment The PC South project includes several major pieces of equipment that the County may directly purchase to avoid payment of sales tax. The costs are summarized in Table 3. Table 3 — Direct Purchase Equipment Costs Direct purchasing the above equipment will result in an estimated state sales tax savings of $75,206.60. The manufacturers for the first three items were selected because similar equipment from these manufacturers is installed at Egret Marsh (Xylem/Flygt and Duperon) and PC Main Screening System (Duperon). The similar equipment works properly and staff is intimately familiar with its operation. Standardization of major equipment will increase the efficiency of staff operational, maintenance, and repair efforts. Another direct purchase item was also considered: a Duperon 2 mm diameter perforated plate screen ($432,000) for the PC South headworks structure. The perforated plate was intended to remove small particles pumped into the facility from the South Relief Canal. However, staff does not believe the perforated plate's benefit justifies its cost. Staff will delete the perforated plate from the project and redesign the headworks structure, maximizing its ability to settle solids for periodic removal by vacuum truck. 5 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid 181 Award for Construction.doc Direct Corresponding Item Description Vendor Purchase Attachment Amount 1 South Relief Canal pumps Xylem/Flygt $470,806.00 Attachment J and controls stem 2 Pump Station No. 1 Xlyem/Flygt $212,574.00 Attachment J pumps and controls stem Self-cleaning bar screen Duperon 3 for the South Relief Canal Corporation $191,000.00 Attachment K pump station Self-cleaning harvest rake To Be $200,000 N/A 4 for PC South Determined estimated TOTAL DIRECT PURCHASE PRICE $1,074,380.00 Direct purchasing the above equipment will result in an estimated state sales tax savings of $75,206.60. The manufacturers for the first three items were selected because similar equipment from these manufacturers is installed at Egret Marsh (Xylem/Flygt and Duperon) and PC Main Screening System (Duperon). The similar equipment works properly and staff is intimately familiar with its operation. Standardization of major equipment will increase the efficiency of staff operational, maintenance, and repair efforts. Another direct purchase item was also considered: a Duperon 2 mm diameter perforated plate screen ($432,000) for the PC South headworks structure. The perforated plate was intended to remove small particles pumped into the facility from the South Relief Canal. However, staff does not believe the perforated plate's benefit justifies its cost. Staff will delete the perforated plate from the project and redesign the headworks structure, maximizing its ability to settle solids for periodic removal by vacuum truck. 5 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid 181 Award for Construction.doc Page 6 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 Through Egret Marsh's operation, staff has concluded that its Duperon fine screen FlexRake is not well-suited for harvesting algae. Staff is currently working with a local conveyor/screening system manufacturer to design a simple prototype replacement for the Egret Marsh harvest rake. It is our intent to install a similar harvest screen at PC South. We have used a budget figure of $200,000 for this harvest screen in the above table. D. Construction Contingency Fee Reserve It is often necessary to issue change orders to accommodate unforeseen conditions. Therefore, staff recommends the Board authorize a contingency fee reserve equal to approximately 5% of the Close Construction and Felix Associates bids, and authorize staff to use the reserve for change orders as deemed necessary by staff, up to the amount of the reserve. This will allow staff to make rapid construction decisions and avoid untimely construction delays. The recommended contingency fee reserve amount is $351,000.00. E. Hydromentia, Inc. License Fee Hydromentia, Inc. is apparent patent holder of algal turf scrubber (ATS) technology associated with the algal nutrient removal facility. Hydromentia originally required the County pay a $380,000 fee for the right to use the ATS technology at PC South (equal to the technology fee it required for the Egret Marsh ATS). Staff protested this amount in a May 30, 2013 letter to Hydromentia, included herein as Attachment L. Hydromentia now agrees to reduce the license fee to $190,000 if the County agrees to certain conditions listed in a June 19, 2013 response letter, included herein as Attachment M. Hydromentia requires the County to agree to and sign the June 19 letter and return one executed copy to its Ocala office. Hydromentia will then prepare a license agreement. The license agreement will be presented as a future Commission Agenda Item once the County Attorney Office and Hydromentia have successfully completed negotiations. Absent litigation, PC South cannot be constructed without payment of the license fee and approval of a license agreement. Hydromentia will restrict the use of the ATS technology to the PC South site, meaning if the County desires to construct another ATS system, it must pay Hydromentia another license fee and enter into another license agreement. F. Available Grant Funds for Construction The County has two grant contracts for construction: 1. FDEP Section 319(h) Grant No. G0353 = $750,000.00 2. FDEP Grant Agreement No. LP31010 =$156,000.00 Total Grant Construction Funding = $906,000.00 6 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid n Award for Construction.doc L A Page 7 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 G. Construction Costs Associated With This Agenda Item A summary of the construction costs associated with this Agenda Item are presented in Table 4. Table 4 — Construction Costs Associated With This Agenda Item Item Description Amount 1 Close Construction bid for the PC South Treatment Facility and South Relief Canal Pump Station $5,856,660.20 2 Felix Associates bid for the stormwater and brine concentrate force mains $1,164,853.40 3 1 Direct Purchase Items $1,074,380.00 _ :::A:=Construction Contingency Fee Reserve $ 351,000.00 5 1 H dromentia, Inc. License Fee $ 190,000.00 Total Costs Before Considering Grant Funds $8,636,893.60 6 Deduct for Construction Related Grant Funding ($ 906, 000.00 TOTAL COSTS ASSOCIATED WITH THIS AGENDA ITEM AFTER GRANT FUNDS ARE CONSIDERED $7,730,893.60 To reduce the PC South treatment facility construction cost, staff revisited the design and identified some items that may be eliminated without significant detriment to the overall project. Major revision items include redesign of the headworks structure due to elimination of the perforated plate screen, deletion of an aeration system, and deletion of a biogas removal system. Staff estimates these revisions and deductions will equal approximately $275,985. Note that landscaping is not included in Table 4 due to permitting delays encountered while interfacing with the U.S. Fish and Wildlife Service (FWS) regarding the Florida scrub jay. FWS determined the Florida scrub jay may utilize the site for feeding or other purposes and therefore, FWS requires the site be landscaped with scrub jay friendly plants. Staff is preparing this design with the assistance of the County's environmental consultant, G.K. Environmental, Inc. under an existing Work Order. Staff estimates the landscaping and required five-year maintenance and exotic plant control costs to be approximately $160,000. The landscaping work will be performed in a separate contract in coordination with the selected site contractor. Estimated landscaping costs are included in Table 5, below. Construction testing (e.g. density testing, concrete testing, etc.) will be performed by a geotechnical testing firm selected and paid for by the County independently of the construction contracts. The estimated fee for construction testing is $100,000 and it is not included in Table 4 but it is included in Table 5, below. 7 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - PC South Recommendation of Bid Award for Construction.doc 183 A A Page 8 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 H. Total Costs Associated With PC South Table 5 presents a summary of costs that have either already been paid or are obligated costs associated with construction of the PC South project, including the costs presented in Table 4. The table was prepared with the assistance of Division of Utility Services. The total remaining construction related costs for the project are estimated to be over $8.5 million. Total project costs (not including yearly operation and maintenance costs) will be just over $10 million. Table 5 — Costs for PC South: Costs To -Date and Projected Costs Item Description/Vendor Amount Already Paid Amount To Be Paid 1 Carter Associates — land surveying $3,375.00 -- 2 Dean Meed — mitigation credits $8,000.00 -- 3 FDEP — Environmental Resource Permit fees $2,050.00 -- 4 Clerk of Court — recording fee $18.50 -- 5 GFA International — geotechnical investigations $60,719.00 -- 6 GFA International — construction testing -- $100,000 7 GK Environmental — environmental services $13,755.00 -- 8 GK Environmental — landscaping design -- $5,940.00 9 PC South Landscaping and exotic control -- $160,000.00 10 Hydromentia — RO discharge permitting and design $309,988.00 $79,497.00 11 Indian River Count — permit fees $2,796.72 -- 12 Indian River Farms Water Control District — pe mit fees $1,600.00 13 1 Kimle -Horn — design $288,514.00 $57,486.00 14 Land purchase $755,577.70 -- 15 Masteller, Moler, Reed — land surveying $16,565.00 -- 16 Melvin Bush & Suppliers — 24" stormwater main $24,760.14 -- 17 Reprographic Solutions — copies $77.40 $100.00 18 Scripts Treasure Coast Newspaper — bid notice $136.59 -- 19 Southeast Structural Engineers — misc. structure $2,000.00 $5,000.00 20 St. Johns River Water Management District — Consumptive Use Permit $1,000.00 -- 21 Proposed WalkingTrail -- $225,000.00 22 Close Construction bid for the PC South Treatment Facility and South Relief Canal Pump Station -- $5,856,660.20 8 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda ItemsWgenda - PC South Recommendation of Bid 18 4 Award for Construction.doc Page 9 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 Other costs include operation and maintenance (O&M) costs. The largest estimated yearly O&M cost is $132,000 for electric pumping costs for the South Relief Canal Pump Station. Other O&M costs include but are not limited to continuing water quality testing, telephone service, garbage disposal, insurance, heavy equipment maintenance, miscellaneous maintenance, expendable tools, and fuel. These costs are estimated to be $70,000 per year. Yearly labor costs should be approximately sixty percent of Egret Marsh's existing labor cost. However, because the PC South algae will be taken to Egret Marsh for processing, Egret Marsh's labor costs are estimated to increase by at least twenty percent. County personnel will operate and maintain both facilities. ANALYSIS A. Award of a Contract to Construct PC South Algal Nutrient Removal Facility (as summarized in Discussion Item A, above) Alternative Al — Approve the PC South Algal Nutrient Removal Facility Construction Contract with Close Construction, LLC for $5,856,660.20. Alternative A2 — Reject the construction contract bids and rebid the project. B. Award of a Contract to Construct the Stormwater and Brine Concentrate Force Mains (as summarized in Discussion Item B, above) Alternative B1 — Approve the South County Brine Disposal Pipeline Construction Contract with Felix Associates of Florida, Inc. for $1,164,853.40. Alternative 132 — Reject the construction contract bids and rebid the project. 9 C:\Users\rbommarito\AppData\LocalWlicrosoft\Windows\Temporary Internet Files\Content.Outlook\U77NB4FF\Agenda - PC South 18 5 Recommendation of Bid Award for Construction.doc Close Construction bid for the PC South 22 Treatment Facility and South Relief Canal -- $5,856,660.20 Pump Station Felix Associates bid for the stormwater and $1,164,853.40 23 brine concentrate force mains 24 Direct Purchase Items -- $ ,380.00 25 Construction Contingency Fee Reserve -- $351,000.00 $351 26 H dromentia, Inc. License Fee -- $190,000.00 28JDe 9 Grant Water QualityMonitoring-- $100,000.00 for Water Quality Monitoring Grant ($100,000.00) 29duct ndin 30av a ui ment -- $164,500.00 SUBTOTALS _ _ _ 1 0 933:05 $9,434,416:60 _ $1&0,9351.6- GRAND TOTAL = $10,925,349.65 Other costs include operation and maintenance (O&M) costs. The largest estimated yearly O&M cost is $132,000 for electric pumping costs for the South Relief Canal Pump Station. Other O&M costs include but are not limited to continuing water quality testing, telephone service, garbage disposal, insurance, heavy equipment maintenance, miscellaneous maintenance, expendable tools, and fuel. These costs are estimated to be $70,000 per year. Yearly labor costs should be approximately sixty percent of Egret Marsh's existing labor cost. However, because the PC South algae will be taken to Egret Marsh for processing, Egret Marsh's labor costs are estimated to increase by at least twenty percent. County personnel will operate and maintain both facilities. ANALYSIS A. Award of a Contract to Construct PC South Algal Nutrient Removal Facility (as summarized in Discussion Item A, above) Alternative Al — Approve the PC South Algal Nutrient Removal Facility Construction Contract with Close Construction, LLC for $5,856,660.20. Alternative A2 — Reject the construction contract bids and rebid the project. B. Award of a Contract to Construct the Stormwater and Brine Concentrate Force Mains (as summarized in Discussion Item B, above) Alternative B1 — Approve the South County Brine Disposal Pipeline Construction Contract with Felix Associates of Florida, Inc. for $1,164,853.40. Alternative 132 — Reject the construction contract bids and rebid the project. 9 C:\Users\rbommarito\AppData\LocalWlicrosoft\Windows\Temporary Internet Files\Content.Outlook\U77NB4FF\Agenda - PC South 18 5 Recommendation of Bid Award for Construction.doc Page 10 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 C. Direct Purchase of Certain PC South Equipment (as summarized in Discussion Item C, above) Alternative C1 - Approve the direct purchase of certain PC South equipment for an estimated total of $1,074,380. Alternative C2 - Reject the direct purchase of the equipment. D. Construction Contract Contingency Fee Reserve Alternative D1 - Authorize a construction contract contingency fee reserve equal to approximately 5% of the Close Construction and Felix Associates bids for a total of $351,000; and authorize staff to use the reserve for change orders as deemed necessary by staff without additional Board approval, up to the amount of the reserve. Alternative D2 - Reject the establishment of a construction contract contingency fee reserve. E. Technology License Fee and License Agreement ,. Alternative E1 - Approve payment of a $190,000 technology license fee to Hydromentia, Inc. Alternative E2 - Reject payment of the $190,000 technology license fee to Hydromentia, Inc. FUNDING The current budget for this project totals $6,406,000. The shortfall of $4,519,350 will be split 70% from Utilities and 30% from Optional Sales Tax -Drainage Systems. Therefore, for FY12/13, $8,069,545 will be funded from Utilities/WIP/South County Brine Disposal, Acct# 471-169000-12502 which will include the grants of $906,000 and $2,855,805 from Optional Sales Tax/Public Works/Pollution Control South, SW, Acct# 31524338-066510-06050. RECOMMENDATION Staff recommends the Board of County Commissioners: A. Approve Alternative Al - Approve the PC South Algal Nutrient Removal Facility Construction Contract with Close Construction, LLC for $5,856,660.20 and authorize the Chairman to execute the construction contract after review and 10 C:\Users\rbommarito\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U77NB4FFWgenda - PC South Recommendation of Bid Award for Construction.doc 186 Page 11 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 11 F:\Public works\KeithM\Stormwater Projects\PC South Constructs n\Agenda Items\Agenda - PC South Recommendation of Bid 187 Award for Construction.doc approval of the Public Construction Bond, Agreement, and insurance certificates by appropriate staff. B. Approve Alternative B1 — Even though Felix Associates of Florida, Inc. was - unresponsive regarding large diameter directional bore qualification and information reporting requirements, Division of Utility Services recommends the County Commission approve the South County Brine Disposal Pipeline Construction Contract with Felix Associates of Florida, Inc. for $1,164,853.40 and authorize the Chairman to execute the construction contract after review and approval of the Public Construction Bond, Agreement, and insurance certificates by appropriate staff. C. Approve Alternative C1 — Approve the direct purchase of the equipment identified in Discussion Item C, above, for an estimated amount of $1,074,380 and authorize the Purchasing Manager to issue Purchase Orders for those items. D. Approve Alternative D1 - Authorize a construction contract contingency fee reserve equal to approximately 5% of the Close Construction and Felix Associates bids for a total of $351,000; and authorize staff to use the reserve for change orders as deemed necessary by staff without additional Board approval, (W up to the amount of the reserve. E. Approve Alternative E1 — Approve payment of the $190,000 Technology License Fee to Hydromentia, Inc. ATTACHMENTS 1. Attachment A — PC South and South Relief Canal Pump Station Location Map 2. Attachment B — PC South Nutrient Removal Facility Bid Tabulation Summary 3. Attachment C — PC South Nutrient Removal Facility Bid submittal from Close Construction, LLC (Attachment 3 On File in BCC Offico 4. Attachment D — Sample Construction Contract with Close Construction, LLC for the PC South Nutrient Removal Facility, Section 00520 - Agreement 5. Attachment E — Proposed Stormwater and Brine Concentrate Force Main Location Map 6. Attachment F — South County Brine Disposal Pipeline Bid Tabulation Summary 7. Attachment G — South County Brine Disposal Pipeline Bid Proposal Evaluation Letter -dated -June -1; 20 -1 -3 -prepared -by- Kimley-Her-n-and--Associa#es--inc. 8. Attachment H — South County Brine Disposal Pipeline Bid submittal from Felix Associates of Florida, Inc. (Attachment 8 On File in BCC Office) 9. Attachment I — Sample Construction Contract with Felix Associates of Florida, Inc. for the South County Brine Disposal Pipeline, Section 00530 - Agreement 11 F:\Public works\KeithM\Stormwater Projects\PC South Constructs n\Agenda Items\Agenda - PC South Recommendation of Bid 187 Award for Construction.doc 0q Page 12 PC South — Approval of Contract for Construction BCC Meeting — July 16, 2013 July 8, 2013 10. Attachment J — Proposal from Xylem/Flygt for the County's direct purchase of pumps and controls for the South Relief Canal Pump Station and Pump Station No. 1 (Attachment 10 On File in BCC Office) 11. Attachment K — Proposal from Duperon Corporation for a self-cleaning bar screen at the South Relief Canal Pump Station (Attachment 11.0n File in BCC Office 12. Attachment L — May 30, 2013 letter to Hydromentia, Inc. from Indian River County regarding Hydromentia's license fee 13. Attachment M — June 19, 2013 letter from Hydromentia, Inc. regarding Hydromentia's license fee DISTRIBUTION Christopher R. Mora, P.E., Public Works Director 2. County Attorney Office 3. Budget 4. Purchasing 5. Vincent M. Burke, P.E., Utility Director APPROVED AGENDA ITEM FOR July 16, 2013 B �. Indian River County ApproyeA Date Administration 0 ! 0 Budget Legal Purchasing i Public Works 7 //0 f Stormwater Department Utility Department 1 t0 ji3 12 G\Did.l:n \Alnrirc\Ilniil+�A\Cfnm+..rofer Dmierie\D!` Cnuth !`nnc+rnn+inn\Anend� 1#nmc\Anenrh - D!` Cnnfh pennmmnnd�4inn of Rid 188 AA r m a N z 0 g m a 0 m J U a LL J a 0 W G' F - z W_ z 0 N u a m F - z CW G u a Q 5 s 5 0 u 190 191 ATTACHMENT D SECTION 00520 - AGREEMENT - ADDENDUM NO. 2 THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of an algal nutrient removal facility, stormwater pumping stations, force mains, and associated peripheral systems. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY (W County Project Number: 0949 Bid Number: 2013030 Project Address: 1225 5th Street SE, Vero Beach, FL 32962. ARTICLE 3 — ENGINEER 3.01 The Stormwater Division of the Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Final Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence to the Contract. 4.02 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 365th 27& day from the date the Contract Time commences as set forth in the Notice -to -Proceed (Section 05550). 4.03 Liquidated Damages Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 1 /� F:\Public WorksWeithM\Stormwater Projects\PC South Construction\Agenda IternMAttachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05/07 L A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the Work is not completed on or before the date specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the date specified in paragraph 4.02 for Final Completion, until the Work is finally complete and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments, Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. Ninety percent (90%) of Work completed (with the balance being retainage). There will be no payment for the cost of materials and equipment not incorporated in the Work but stored on the Project site. Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 2 19 3 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Attachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05!01 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of �r the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied- as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of (W subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and (W others at the Site that relates to the Work as indicated in the Contract Documents. Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 3 n F:Tublic WorksWeithmstormwater Projects\PC South ConstructionWgenda ItemsWttachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05101 y H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-7, inclusive); 2. Section 00605 — Public Construction Bond (pages 00605-1 to 00605-3, inclusive); 3. Section 00700 - General Conditions (pages 00700-1 to 00700-53, inclusive); 5. Specifications as listed in the Table of Contents of the Project Manual; 6. Drawings as listed in the Cover Sheet of the CONSTRUCTION DRAWINGS FOR PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY; 7. Addenda (numbers to , inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. Section 00550 — Notice to Proceed (page 00550-1); a. Section 00310 — Bid Form (CONTRACTOR's Bid) (pages 00310-1 to 00310-10, inclusive); b. Section 00452 - Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); c. Section 00456 — Qualifications Questionnaire (page 00456-1 to 00456-8, inclusive including attached pages); d. Section 00458 — List of Subcontractors (page 00458-1); e. Section 00622 — Contractor's Application for Payment (pages 00622-1 to 00622-9, inclusive); f. Section 00632 — Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); (W g. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 4 19 5 R\Public Works\KeithM\Stormwater Projects\PC South Construction\Ngenda Items\Httachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05/01 h. Certificates of Insurance as required by the General Conditions. C., i. Section 00250 — Bidder's Qualification Form (pages 00250-1 to 00250-2 and supplemental pages _ to _, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms (W A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 5 F:\Public WorksWeithIAStormwater Projects\PC South Construction\Agenda Items\Attachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05/01 196 A 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] Attachment D - 00520 - Agreement - Addendum No. 2 ADDENDUM NO. 2 00520 - 6 19 7 F:\Public Works\KeithM\Stonnwater Projects\PC South Construction\Agenda Items\Attachment D - 00520 - Agreement - Addendum No. 2.doc Rev. 05/01 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved by BCC Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alan S. Polackwich, Sr., County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk (Printed name and title) Witnessed by: (Printed name) * * END OF SECTION * * Attachment D - 00520 - Agreement - Addendum No. 2 n nnr�ni u• �� n -- 1 198 3 • 1 P LU uj Uj Lu �"w 0 OUJ LL; >Y s n } �_i•,'.'?�. -O' #;gym,- 6' "�"�4Fnnza,5 �F��' � � e-•-.,-�.r.- _� ��n;, 3 ;.p Y ., w.-.r�.�vv' 6!k .. .. , .�.. �.. _. - UJ Z IL iw t Y` all. ,• - ^'. tea.-- ...�` < r.• r s$Ab AL LL r Z W Q nA V 200 0 0 0 0 $ o 0 o 0 $ o 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0q 0 0 0 0 R 0 o 0 v 0 o 0 v 0 o V S b N M O O 00 O O N O P r r b O v v O v O � v H H �F y ffi 0 0 O 0 o N S m 0 o O o 0 H a 0 H o 0 - 0 0 00 00 O 0 N 0 0 M 0 0 N 0 0 0 0 H 0 0 H 0 0 N $ o h 0 0 � 0 N 0 0 N 0 o rNn S S �a H H 6a N O O O O O O O O O O O O O O O O O O O O O O O H C 0 C O o O a n S o S ti T N r C 7 V O N O O O N H C a a sq H N a m F y 0 o 0 o 00 0 0 0 0 0 0 0 0 00 0 0 0 H � H H .ti H M H H H H H H H H H yO� H a C Qi y A Op M - N � m F. t_ O O e - ro P O O r V a N Q r N epi N O a r r T O po Q O 4 N H V O F N H W mN OD 1� m H O OO NNq �D N H � b O `O T ONO N r N Q b O� H H H H �1 9 W S S O O O O O O O O S O S S S S S S S O O O O O O • O O O S pO S N l� M S O 8 O 8 O N S N h �O N O V 8 N 8 O O S O O O O O S O S vbl G N O CI 1� (A N H ONi fif H N H til H N H H � fV •~ � O� N •r •+ ilf N M H � < pO P W G F H H b H ffi O O O O O O O O O N O O O O O O O O O O O O OO O O S S S O O O S O O O O S 8 8 H O O O N b yy 8 8 8 O O O O O O O O O C � pp y 2 a6i vai a °a a a a a a H cai w w w n a :i A W p v1 $� a w O N 00 5q •s oGa .5 a. 3 �p Ea a U > a m 8 9 S �a "A 2 4 9 m N y p, O m 4X a a s ; 3gg ti ts 4,8u A 0 4Q12 W 200 ATTACHMENT G Kimley Hom and Associates, Inc. July 1, 2013 a Mr. Mike Hotchkiss, P.E. 1920 Wekiva Way sufteCapital Project Manager Wes 20° Ca 1? � g West Palm Beach, Florida Indian River County Utilities 33411 180127th Street Vero Beach, FL 32960 Re: South County Brine Disposal Pipeline Bid Proposal Evaluation IRC Bid Number 2013038 KHA Project # 044572021 Dear Mr. Hotchkiss: Seven (7) bids were received for the South County Brine Disposal Pipeline project on June 6, 2013. Six (6) of the bidders provided both a base bid for the HDPE directional drills and an alternate bid for FPVC directional drills, all of which had the base bid being lower than their alternate bid. Based on a. total lump sum basis amount, Felix Associates (W of Florida, Inc. was the apparent low bidder in the amount of $1,164,853.40 for the base bid which is 29% lower than our opinion of probable cost estimated at $1.64 million. The next two lowest apparent bidders were TB Landmark Construction, Inc. at $1,328;896 and Andrew Sitework, LLC at $1,394,524. in evaluating the three lowest bids, the second and third lowest bids were fairly tight and were within 5% of each other, while the lowest bid was substantially lower (11°/a) than the next lowest bidder. We did not see any irregularities in the bid numbers for any of the three lowest apparent bidders. As required in the Instructions to Bidders, Section 00100, 1. 10, Pari H, all bid submittals should include Section 00900 — "Requirements for Experience and Qualifications for General Contractor and Directional Drill Sub -Contractor." Felix did not provide this information with their original bid, but did subsequently follow up with this section once it was determined they were the apparent low bidder. Therefore, Felix could be considered unresponsive in not providing this information with their original bid. Section 00900 of the project specifications requires that the subcontractor performing the horizontal directional drilling (HDD) should have a minimum of 1500 total linear feet of 24 -in diameter pipe installed by HDD within the last six years. The subcontractor listed by Felix to perform the HDD work for this project, Young's Communications, has verbally communicated that they have this experience. However, they have not been able to provide references that could substantiate this specific experience. The references that a TEL 561 845 0665 - 201 Kimley-Horn and Associates, Inc. Mr. Hotchkiss, P.E., July 1, 2,013, Page 2 were contacted for other projects all had positive reviews of the quality and scheduling of the work performed by Young's Communications and they were able to substantiate that Young's Communications does have some experience in large diameter HDD work. These projects include a 550 -ft, 28 -in HDPE bore and a 670 -ft, 28 -in HDPE bore performed within the past. six years and a 700 -ft, 24 -in HDPE bore and a 700 -ft, 32 -in HDPE bore performed over sic years ago. In summary, although Felix could be considered unresponsive, we have not discovered any evidence that would cause us to believe that Felix. Associates of Florida, Inc. could not perform the work. If the County feels that it is in their best interesttoselect Felix, then we have not discovered any additional evidence that would cause us to believe that Felix Associates of Florida, Inc. should be prevented from being awarded the contract in the amount of $1,164,853.40. If you have any other questions regarding our evaluation, please do not hesitate to call me at 561-840-0246. We look forward to learning the County's decision in this matter. We appreciate this opportunity to provide these services to you. Please contact us if you have any questions. Sincerely, KIM LE -HORN AND ASSOCIATES, INC. Fannie Howard, P.E. K:\WPB-Civil\044572021- ATS Stonnwater Pipe\C0NSTRUCT70N\Bids\Bidding Recommendation -ATS Brine Line.doex 202 ATTACHMENT I — SAMPLE AGREEMENT WITH FELIX ASSOCIATES OF FLORIDA SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2013038 SOUTH COUNTY BRINE DISPOSAL PIPELINE THIS AGREEMENT ("Agreement" or "Contract") dated 20 by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and Felix Associates of Florida Inc. ("CONTRACTOR"). BACKGROUND RECITALS A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents. B. CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents. NOW THEREFORE, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, agree as follows: ARTICLE 1 WORK 1.1. CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The worts is generally described as follows, and shall include, but is not necessarily limited to the following: Construction of 24 -in canal intake watermain, a 12 -in RO concentrate main, and ancillary forcemain relocations as shown on the Construction Drawings. This work shall include but is not limited to approximately 4,604 LF of 24 -in PVC open cut canal intake watermain (CIWM), 142 LF of 24 -in aerial crossing, 1479 LF of 24 -in HDPE directional bore CIWM (or alternate 24 -in fusible PVC), 301 LF of 12 -in PVC open cut RO concentrate pipe, 258 LF of 12 -in HDPE directional bore RO concentrate pipe (or alternate 12 -in fusible PVC), 280 LF of a relocated 4 -in forcemain (FM), and all associated connections as shown on the Construction Drawings. Construction also includes, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, valves, wet taps, ARV's, bridge modifications, restrainers, soil compaction, and testing, all restoration including road and drive restorations, sod, private property replacement or repair, franchise utility repair, traffic control, construction staking, decommissioning of existing pipes, and any other improvements or items required for a complete and 00530-1 203 functional system. (6w ARTICLE 2 ENGINEER 2.1. The project has been designed by Kimley-Horn and Associates, Inc. hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1. The CONTRACTOR shall be substantially completed with the following. timeframe: The CONTRACTOR shall be substantially completed with the work Ninety (90) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within One Hundred and Twenty (120) calendar days after the issuance of the Notice to Proceed. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not (W completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1,164,853.40. ARTICLE 5 PAYMENT PROCEDURES 5.1. General. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.2. Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall 00530-2 204 retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant (W to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.3. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255:05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.4. Federal Funds. Paragraphs 5.2 and 5.3 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. ARTICLE 6 FINAL PAYMENT 6.1. Acceptance And Final Payment: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 6.2. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. 00530-3 205 ARTICLE 7 CONTRACTOR'S REPRESENTATIONS' 7.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.1.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.1.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 72 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. (W 7.1.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.1.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.1.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS 8.1. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: (W 8.1.1. This Agreement (Section 00530). 8.1.2. Public Construction Bond (Section 00600). 00530-4 206 8.1.3. Standard General Conditions (Section 00700). 8.1.4. Notice of Award and Notice to Proceed (examples in Section 00800). 8.1.5. Supplementary Conditions (Section 00800). 8.1.6. Specifications bearing the title "South County Brine Disposal Pipeline" as listed in the table of contents hereof. 8.1.7. Drawings, inclusive with each sheet bearing the following general title "South County Brine Disposal Pipeline", inclusive. 8.1.8. Addenda numbers to 8.1.9. CONTRACTOR'S Bid (Section 00300). 8.1.10. Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, July 2011" or the latest version thereof. 8.1.11. The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 8.2. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1. Definitions. Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No Assignment. The CONTRACTOR shall not assign, transfer, or otherwise dispose of this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurrence to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns and legal representatives to the other parry hereto and to its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.3. Licenses.. The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.4. Remedies And Choice Of Law This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 00530-5 207 9.5. Indemnification. The CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers, employees, engineers, agents and representatives from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. Nothing herein shall affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes. In any and all claims against the County or any of its agents or employees, by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 9.6. Availability of Funds. The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.7. Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.11. Captions and Interpretations. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise 9.13. Entirety Of Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein 00530-6 4169] shall be effective unless contained in a written document executed with the formality and of equal dignity herewith. 9.14. Background Recitals. The background recitals are true and correct and form a material part of this Contract. (Remainder of This Page Intentionally Left Blank) 00530-7 209 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on , OWNER Indian River County Board of County Commissioners M Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller M Deputy Clerk Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: Alan Polackwich, County Attorney Address for giving notices 1801 27th Street Vero Beach Florida 32960 A CONTRACTOR Felix Associates of Florida, Inc. Vincent James Amato, President (CORPORATE SEAL) Attest: Address for giving notices License No. CGC1507744 Agent for service of process: Vincent James Amato, President END OF SECTION 00530-8 210 ATTACHMENT L BOARD OF COUNTY COMMISSIONERS Public Works Department 180127th Street, Vero Beach, Florida 3.2960 Telephone: 772-567-8000 May 30, 2013 Bill Sawyer, President Hydromentia, Inc. 3233 SW 33rd Road #201 Ocala, FL 34474 Subject: PC South Proposed Project — License Fee l Dear Mr. Sawyer: FAX: 772-778-9391 Last year, we held a meeting to discuss Hydromentia's proposed license fee for the upcoming PC South project. The County requested a reduction in the amount of the fee, and Hydromentia agreed to consider and propose a reduced fee. Hydromentia subsequently proposed a reduction in the fee from $380,000 (charged for the Egret Marsh project) to $323,000 — representing a reduction of approximately 15%. The purpose of this leiter is to press the County's position that a greater reduction is appropriate. As you are aware, the County experienced significant problems with the system at Egret Marsh. The polyester grid material failed within a short time and was deemed irreparable by National Lining Systems, Inc. In addition, the floway geomembrane design did not allow the escape of biogas produced by the old landfill material it covered. These issues caused increased maintenance costs, decreased efficiency, and several months of down time. Eventually, the County was required to test alternative surfaces, and design and construct a correction. The County's estimate of its additional costs in correcting the system is $1.302 million, as detailed in the attached summary. We have not asserted a claim for these repair costs because, frankly, we were expecting to recover a portion of the costs through a reduction in the license fee for PC South. At this point, PC South is moving forward based on the County's corrective design, rather than Hydromentia's original design for Egret Marsh. No geomembrane will be used; rather, the County's design will be used with respect to surface materials, surface texture, method of harvesting (plow versus sled), etc. In fact, the County believes that a legitimate question arises as to whether the design of PC South still falls within Hydromentia's patents. F:1Public WorWLuanne M\StormwaterlHydromentia letter PC South Licence fee 05-29-13.doc 211 Page Two Bill Sawyer, President, Hydromentia, Inc. PC South Proposed Project — License Fee May 30, 2013 With that said, we are proposing a 50% reduction in the license fee for PC South, amounting to a fee of $190,000. In exchange for agreement on this amount, the County will give a release of its claim for additional costs incurred at Egret Marsh. Please advise at your early convenience. Sincerely, Christopher R. Mora, P.E. Public Works Director Cc: Alan S. Polackwich, Sr., County Attorney Keith McCully, P.E., Stormwater Engineer (w Vincent Burke, P.E., Utilities Director R\Pubfic Works\Luanne MtStormwaterlHydromentia letter PC South Licence fee 05-29-13.doc QF41 LU cr. (9 LU I -- LU LU -i LL 0 LLJ LU cc Ln l" 0 u 213 L.0 c ......... E cu m C. 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Public Works Director Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Dear Mr. Mora: ATTACHMENT M HydroMentia, Inc. has considered the issues raised in your letter of May 30, 2013 in regards to the PC South project. Your letter states that problems experienced at the Egret Marsh system by Indian River County were attributable to an alleged failure of the polyester grid material or floway design and infers that HydroMentia should bear responsibility. HydroMentia strongly objects to any allegation that HydroMentia is liable for any problem encountered by the County with the system at Egret Marsh. Your letter also states that "a legitimate question arises as to whether the design of PC South still falls within HydroMentia's patents." You have provided no basis upon which such a conclusion could reasonably be made. We do wish to preserve the healthy working relationship which has been established by HydroMentia and the County. HydroMentia is therefore willing to enter into a contract with the County in regards to PC South which provides the County a 50% reduction in the license fee (Fee). This amounts to a Fee of $190,000. Our willingness to do so is, however, conditioned on the following: (a) the County acknowledges by signing in the space provided below that HydroMentia is not liable for any of the problems encountered with the Egret Marsh system and that the County will not seek any action against HydroMentia which alleges that HydroMentia is responsible in any way with problems encountered by the County with the Egret Marsh system; (b) the County acknowledges by signing in the space provided below that the design of PC South is within the scope of the patents of HydroMentia; (c) the Fee of $190,000 due to HydroMentia will be paid within ten (10) days of the Notice to Proceed to the Contractor. WNz- regards William G. S r President INDIAN RIVER COUNTY By: Signed: Title: Date: 3233 SW 33`d Road, Suite 201, Ocala, FL 34474 • P.O. Box 367, Ocala, FL 34478-0367 Telephone: 352-237-6145 • Facsimile: 352-237-0944 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES AGENDA ITEM DATE: July 10, 2013 TO: Joseph A. Baird, County Administrator THROUGH: Vincent Burke, P.E., Director of Utility Services FROM: Terry Southard, Operations Manager G*4 �` es SUBJECT: Renewal of RFP/Bid for Water Tank Maintenance Program RFP# 2007057 BACKGROUND: 1 Li'l In April 2007 The Purchasing Department requested qualified f_ Maintenance Program for water storage tanks located throughout Indian River Co nty. sThis pro amfor the l involvesice Performing maintenance on the tanks, including rehabilitation, repair, cleaning out and repaintinggof all of storage tanks in the system. It also includes the annual inspection and certification by a Florida Certified En in er ( as is required annually by The Florida Department of Environmental Protection (FDEP). Two 2 g received by Purchasing. However, only one of the two firms met the minimum qualifications set forth in the RFP. )proposals were Staff recommended and the BCC approved award of the bid to U.S.C., Inc. amount of $190,3 83.00 per year, for five (5) years. d/b/a Utility Service Co. Inc, in the (W ANALYSIS: Since the bid was awarded one additional tank was added to the contract at the expanded Hobart water plant and one tank was eliminated at the Grand Harbor pump station. Within the original agenda it was stipulated that the Utilities Department would contract with the selected vendor for five 5 years option to renew for additional five (5) years if it was in the best interest of the County. This years already year six (6) of the second five year term, so this five year renewal would end in April 2017. Utility Service Co. Inc. (USC) has satisfactorily performed the required maintenance, inspection and certification for the first term of the contract. Staff also notes that the annual fee for the maintenance services drops by over $70,000 per year in year six (6) of the contract. The annual fee escalates graduallyuntil reaching $148,285.83. However, it is noted that this is still $42,097.17 less than in the firstt fiveeyears of the contract.. USC in essence recognizes that using their services for several year warrants the drop in the annual fee because they can attest to the historical maintenance that has been done and feel that the consistency in that performance leads to less time and effort required to maintain the same level of service each progressive year. RECOMMENDATION: Staff asserts that it is in the best interest of the county to continue to work with USC to perform the maintenance and inspection of its storage tanks. Therefore, we recommend that the Board of County Commissioners approve renewing the bid for the second five year term. FAUtilities\UTILITY - EMPLOYEE FOLDERSUerry Southard\AQendaS\Aonndn - WAtPT To.,v ]?-- ,.,i r,n.. "ni ,,,,__ , , 2 1 5 ACCOUNT INFORMATION: Funds to cover the maintenance and inspection of the tanks are available in the Water Storage Tank Maintenance Account in the Operating Fund. Operating Funds are derived from water and sewer sales. Water Storage Tank Maintenance 47121936-0447,40 $131,698.73 ATTACHMENTS: Annual Maintenance Cost Schedule APPROVED FOR AGENDA: B: Jose A. Bai , County Administrator For 7/ (Date) F:\Tltilities\TiTiT.TTY-F.MPT.fIYRF.F(li.1lF.Rfi\TerryRnntharrl\AaPndneNA—ndn_Waf—Tort.Ao,.o_.jr„i..""Iz r..In,cA 216 fa L G d) 0 Ln o -4 N 0 O 0) Ln O O r to 'a 4 rN-I O > 4- Q O O O O OE U U m -0 CC C C O -XO! 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O N N N N M M M tD tD tO tD tD O tD to 01 0) O1 O O O L. Y ai ri ri ri ri ^ ^ ^ tD tD lO toO H i C " •-{ ri r ONl 0�1� O�1 N N N N N rmi eM-I rmi . q rrq ��.I to to to to to to to to to to to 00 Ol O ri N M Ln LD N 00 O O O O O O O O O O O O O N N N N N N N N N N N N � � of of of o, rn a\i o\i o\i rn a .L t O Z m Y c m Y O0 0 N 217 INDIAN RIVER COUNTY, FLORIDA : * BOARD MEMORANDUM �1OR104' Date: July 10, 2013 UTILITIES: REGULAR AGENDA ITEM To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Services Subject: Oyster Reef Pilot Project for Nutrient Removal and Habitat Restoration BACKGROUND AND ANALYSIS: The Indian River Lagoon (Lagoon) is one of the most diverse coastal ecosystems in the continental U.S. Recent changes in the density and distribution of seagrass communities have negatively affected potential habitat and refugia for select invertebrates and juvenile fish species in the Indian River (River) section of the Lagoon between the C.R. 510 Bridge and the S.R. 60 Bridge. Such changes, if persistent, may eventually negatively influence fisheries in this section of the River. Recently, the Florida Department of Environmental Protection listed the portion of the Indian River lagoon within Indian River County basin as being nutrient impaired. Thus the changes in water quality conditions may be linked to decreased seagrass occurrence bridges. Indian River County (IRC) constructed the Spoonbill Marsh (SBM) in part to remove nutrients directly from the River. This nutrient removal is accomplished by pumping water from the River to a static mixer on the SBM site where it is blended with demineralization concentrate from the North County Water Treatment Plant and then discharged into SBM. The blended water then flows through the SBM and eventually back into the River. For three years extensive testing has been done at SBM to determine the effective rate of nutrient removal. During this time, oyster colonies have flourished at the site helping to filter out nutrients from the water as it travels through the site. The oyster colonies have also provided habitat for many invertebrate and juvenile fish species. SBM now supports a significant population of Snook, Red Drum, Mangrove Snapper, and blue crabs. On Tuesday, July 09, 2013, the Chairman of the Board of County Commissioners, Mr. Joseph E. Flescher, brought an Indian River Lagoon Project of Interest item up for discussion. A presentation from Mr. Chip Swindell, Ecotech Consultants Inc.(ECI) and Mr. Charlie Sembler outlined a proposed pilot study for an oyster reef project to be built and installed in the Lagoon. The Board directed staff to present an agenda item for approval of the pilot project at its next regularly scheduled meeting on July 16. The proposed project consists of designing, building and installing an oyster support structure to entice oyster colonies to grow and flourish in the Lagoon. The oyster reef itself is approximately 0.25 acres in size and would be located northeast of the SBM, just east of where the FL DOT ditch meets the Lagoon. The principal designs are based on the successful results found inside the SBM. The end goals are improved water quality from reducing nutrient loading and enhanced habitat and refugia for invertebrate and juvenile species. The Ecotech proposal dated July 09, 2013 breaks the project down into three tasks: 1. Permitting: Ecotech will apply for and obtain the necessary permits required for this project. The County will be responsible for the permit fees estimated to be $500. 2. Construction: Ecotech will design, construct and install the structural framework that will 218 A Page - 2 - UTILITIES: REGULAR AGENDA ITEM support the oyster colony. 3. Monitoring: Ecotech will estimate the Total Nitrogen (TN) and Total Phosphorous (TP) uptake rate per square meter of reef area. The estimate will be based on the water quality sampling and analysis of nutrient storage in three different age classes of oysters found on the reef. ECI will pull the samples but the County will be responsible for all laboratory costs of $2,500. This equates to approximately 40 samples taken quarterly to determine how much dissolved nitrogen and phosphorous are removed from the.Lagoon. Although not noted in the actual ECI proposal, verbal communications between Utilities and Ecotech confirmed that all data associated with the pilot project would be presented to the County in final report form approximately one year after the approval to proceed. Ecotech will provide periodic updates to County staff regarding growth statistics and laboratory analyses. It is the recommendation of staff to utilize the continuing services contract with ECI for the oyster reef pilot project. On November 16, 2011, the Board of County Commission (BCC) approved a three year Engineering Continuing Services Contract with Ecotech Consultants, Inc. (ECI) for design, permitting and project management of County Public Works, SWDD and Utilities' projects. FUNDING: Funding for the Oyster Reef Nutrient Removal and Habitat Restoration Pilot Project is available from the Optional Sales Tax Account 31524338-066510-13015. ACCOUNT NO.: Description Account Number Amount Oyster Reef Nutrient Removal Pilot Project 31524338-066510- $28,500.00 Budget 13015 Legal RECONE14 ENDATION: It is Staff s recommendation that the Board of County Commissioners approve Work Order No. 1 for $28,500.00 and authorize the Chairman to execute same, as presented. ATTACHMENT(s): • Work Order No. 2, • Attachment 1 ECotech Proposal dated July 09, 2013 (3 Pages) APPROVED FOR AGENDA: By: I.Josep A. Baird, County Administrator For: QV6 XL 1`Ol3 Date Indian River Co. Approved Dat Administration Utilities // lWavis -46466x— Budget Legal WORK ORDER NUMBER 2'. OYSTER REEF PILOT PROJECT For NUTRIENT REMOVAL AND HABITAT RESTORATION This Work Order Number 1 is entered into as of this" day of 2013, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 16, 2011 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Ecotech Consultants 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 CONSULTANT will perform the professional services for the fee schedule set forth in the proposal dated July 09, 2013, attached to this Work Order and made a part hereof by this reference. 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 are 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. ECOTECH CONSULTANTS, Inc. Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By. Joseph E. Flescher, Chairman Attest:. Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Baird, County Administrator 'Approved as to form and I ai'sufficiency: n Reingold, County Attorney Page 1 of 1 220 Ecotech Consultants, Inc. _w_t l ENVIRONMENTAL SCIENCES &ENGINEERING 09 July 2013 Mr. Vincent Burke Utility Director Indian River County 1801 27th Street Vero Beach, Florida 32960 ATTACHMENT 1 RE: Pilot Oyster Reef Project for Nutrient Removal and Habitat Restoration Dear Mr. Burke: Presented below is our proposal to permit and construct an oyster reef in the Indian River at a location adjacent to the northeast corner of the Spoonbill Marsh. The Indian River Lagoon (Lagoon) is one of the most diverse coastal ecosystems in the continental U.S. Recent changes in the density and distribution of seagrass communities have (W negatively affected potential habitat and refugia for select invertebrates and juvenile fish species in the Indian River (River) section of the Lagoon between the C.R. 510 Bridge and the S.R. 60 Bridge. Such changes, if persistent, may eventually negatively influence fisheries in this section of the River. Changes in water quality conditions may be linked to decreased seagrass occurrence between the two bridges. Indian River County (IRC) constructed the Spoonbill Marsh (SBM) in part to remove nutrients directly from the River. This nutrient removal is accomplished by pumping water from the River to a static mixer on the SBM site where it is blended with demineralization concentrate from the North County Water Treatment Plant and then discharged into SBM. The blended water then flows through the SBM and eventually back into the River. An oyster colony has been developing in SBM since the project went on-line in August 2010. Water quality conditions in the River have had no negative effect on the oyster population in SBM, In fact, oyster are now distributed throughout the SBM and provide potential habitat and refugia for many invertebrate and juvenile fish species. SBM now supports a significant population of Snook, Red Drum, Mangrove Snapper, and blue crabs. This project proposes to construct a small oyster reef in the River that would be similar to the one developing in the SBM. The oyster reef in the SBM has not been negatively affected by the water quality conditions in the River over the past two years. Therefore, the proposed oyster reef is not expected to be influenced by similar water quality conditions. P.O. Box 690265 - Vero Beach, Florida 32969 • (407) 466-6989 221 Mr. Vincent Burke (W 09 July 2013 Page 2 The purpose of the proposed oyster reef is to improve water quality conditions in the Indian River and to provide potential habitat and refugia for invertebrate and juvenile fish species. The occurrence of these species within the boundaries of the oyster reef is expected to attract larger game fish to the site. The proposed oyster reef also is expected to remove nutrients from the River and from the FDOT ditch discharging to the River at a point adjacent to the northeast corner of the SBM site The proposed oyster reef would be approximately 0.25 acres (0. 10 Ha.) in size and located just to the northeast of SBM off the end of the FDOT ditch located along the northern boundary of SBM, see Figure 1. The base of the oyster reef will be formed by 2.0 ft. by 4.0 ft. 18 gauge wire mesh panels that will be pinned to the sediments. Concrete rubble will be stacked on top of the wire mesh base. The size concrete rubble will generally range from 0.5 ft. to 2.0 ft. pieces that will be hand stacked to form discrete clusters that range in size from approximately 4.0 ft2 to 25 ft' in diameter. The clusters will be randomly interspersed through the project area with approximately 2.0 ft. to 2.5 ft. of bare sand between the clusters, see Figure 2. The four corners of the oyster reef will be marked using buoys or 2.0 inch PVC pipe with reflective tape and labeled as "Indian River County Oyster Reef Project Area". The oyster reef will be located at a point off -shore that will maintain 8.0 inches of water over the reef at low tide. The oyster reef will be located in an area that has been monitored since 2008. Seagrass has not been found in this area since 2008, and was not present when the site was inspected in June 2013. The River bottom at the proposed oyster reef site is nearly level and is composed of fine sands intermixed with organic accumulations. There are no noticeable significant benthic structures or communities present within the project area. Therefore, the proposed oyster reef will not affect significant existing benthic resources or fishery habitat. This project will include three tasks. The first task will include preparation of the St. Johns River Water Management District and U.S. Army Corps of Engineers permit applications. The second task will include construction of the oyster reef. The third task will include follow-up monitoring of the oyster reef. This monitoring will include estimating the colonization rate and growth rates of the oysters and other select sessile macroinvertebrates on the reef, and the presence of juvenile fish species within the reef. The monitoring also will include estimating the total nitrogen and total phosphorus uptake rate per square meter of reef area. This estimate will be based on water quality sampling and analysis of nutrient storage in three different age classes of oyster found on the reef. The County will be (W responsible for all laboratory costs associated with the estimation of these uptake rates. 222 Mr. Vincent Burke 09 July 2013 Page 3 The cost to complete the three tasks listed above will be $28,500.00. The County will be responsible for permit fees. Please contact our office at 407.466.6989 if you have questions or need additional information regarding the above proposal. Sincerely, ECOTECH CONSULTANTS, INC. C.E. Swindell, Jr. President 223 Q p 1 U N N � a Q I ZZ w .r. _ z z OJ W E 0 2: U L� W U OLi '^ Wp LTJ Lu o (� Q q V, -J 1- O ~J JLLJAW � opt Ln Z�UO w cLl� Q Z I- F-- 0- N O 0 L q U Z W W 1 = O `nom g Q Lij U O 1 ww ¢ zLD n_�� �w 3 z w w ¢¢ W '- w q �z r -a i � Iti w LJ L.D W o w �� 0c) 7< LD 1 LL) I -.mw Q H' x rill >� 3cuQ03 Q °- w a - N Q I- L_ I- j— f) W W> O U W ry I -Q3 oC4N �W a O= Lj V z J �0 -J ~ a 0 O O W .a;: w Z PQ (,J UQ'r JQ a /i J s.. m=�VDU� Q Z W W Lj WL'j:UW W W W V U p J W Z p Za U<LJa D~ Li W� z Q N o J, o UN. 3 DmUN u� w W �/ J U^ w O 0 5 IOq INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM DATE: JULY 3, 2013 TO: JOSEPH A. BAIRD COUNTY ADMINISTRATOR FROM: VINCENT BURKE, P.E. 912-0 DIRECTOR OF UTILITY SERVICES THROUGH: MIKE HOTCHKISS, P.E. CAPITAL PROJECTS MAN R PREPARED JESSE ROLAND AND STAFFED PLANS REVIEW BY: DEPARTMENT O UTILITY SERVICES SUBJECT: INDIAN RIVER AERODROME SUBDIVISION INDIAN RIVER COUNTY PROJECT NO. UCP — 4100 APPROVAL OF WORK ORDER NO.2 TO RETAIN MBV ENGINEERING FOR SURVEYING SERVICES BACKGROUND On April 16th, 2013, the Indian River County Board of County Commissioners unanimously authorized staff to proceed with the engineering design work and negotiate a contract for surveying services with one of the approved survey consultants for the above project. The BCC also advocated that the Utilities Department develop a program to expand reclaimed water throughout the County. Indian River Aerodrome lies in close proximity to the County's 8 -inch reuse water main, located on 82"d Avenue. Staff determined that it would be economically beneficial for the County to combine the two survey tasks since the first 1900 -feet of both survey routes are the same. ANALYSIS Staff requested a survey proposal from MBV Engineering, Inc. who was approved by the BCC on November 15, 2011 for engineering and surveying continuing services. Work Order No. 2, FXtilitieAUTIUTY - Engineering\Projects - Assessment Projects\000Assessments - 2013 ProposeMerodromeSubdivision - UCP# 4100\WordDocumentsWgendas\Agenda_Item_Approval_WO#2_MB V-Survey,07-02-13.doc 226 Task No. 1, is for surveying services related to the water assessment project for a total lump sum amount of $17,268.00. Work Order No. 2, Task No. 2, is for surveying services related to the extension of reclaimed water for a total lump sum amount of $685.00. The total amount of Work Order No. 2 is for $17,953.00. Task No. 1 is to be paid through the assessment of property owners along the proposed water line route. Funding will be from the assessment fund No. 473. The funds for this project will be derived from the property owners of Aerodrome Subdivision. Task No. 2 is being paid through the other professional services account in the operating fund. Operating funds are derived from water and sewer sales. I.R. Aerodrome Water Assessment 473-169000-13511 Date $17,268.00 an Utilities C Utilities RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Work Order No. 2 (Engineering/Surveying) from MBV Engineering, Inc., see attachment, for a total lump sum amount of $17,953.00 and authorize the Chairman to execute Work Order No. 2 (Engineering/Surveying) from MBV Engineering, Inc., as presented. LIST OF ATTACHMENTS: 1— Work Order # 2 2 — Exhibit # 1 APPROVED FOR AGENDA: Baird,eph A. `I• • • FOR: 47,a � to Indian River Co. Approved Date Administration an Utilities C Utilities 'f Legal Or IO r� Budget 7 �(� F:\UtilitieAUTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2013 ProposedWerodromeSubdivision - UCP# 4100\WordDocumems\Agendas\Agenda_ltem_Approval_WO#2_MB V-Survey,07-02-13. doe u 227 (W WORK ORDER NUMBER 2 This Work Order Number 2 is entered into as of this 3rd day of June, 2013 pursuant to that certain. Continuing Contract Agreement for Professional Services entered into as of December 6, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY') and Indian River Survey, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for a fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the pardeis hereto have executed this Work Order as of the date first written above. CONSULTANT: (W Indian River ey, Inc. By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman Title:-/ AAL6 --5QP-\16t/o< BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved Approved as to form and legal sufficiency: Deputy Clerk o eph A Baird, County Administrator man S. Polackwich, Sr., County Attorney 228 INDIAN RIVER SURVEY, INC. Professional Surveying and Mapping (W EXHIBIT 1 June 6, 2013 Mr. Jesse Roland Indian River County -Department of Utility Services 1801 27th Street Vero Beach, FL 32960 Via Hand Delivery Subject: Proposal for Surveying and Mapping Services for: Aerodrome Water Assessment/Route Survey Project Limits: All Aerodrome platted road right of ways to 82nd Avenue Indian River County, Florida Indian River County Project.: UPC No-4100/Account No. 473-169000-13511 Project Number: IRS 13-178 Dear Mr. Roland: At your request, we are hereby submitting our proposal to provide surveying and mapping services for the above subject project. It is our understanding that the Indian River Aerodrome is considering connecting to Indian River County's potable water system located at 82nd Avenue and 5t' Street SW. As such, the Indian River County Utilities Department is looking to obtain a survey of the subject subdivision for design purposes. As such, the below Task 1 defines our proposed scope. In addition, we understand the County is looking to provide re -use water to the subdivision for irrigation purposes. As such, Task 2 is provided below for the required survey services for this evaluation. Task 1 (IndianRiver Aerodrome Water Assessment Project) 1. Field reconnaissance; recover existing permanent control points, lot and block corners sufficient to establish right-of-way lines, set up and monument survey baseline, tie survey to Indian River County Horizontal Control Network. Control points along baseline to be coordinated with County Surveyor. (see attached sketch for site limits): Normal Fee 20% Discount 2 Man Crew @ 28 hours = $3,360 $2,688 2 Man / 2 Unit GPS Crew @ 4 hours = $ 540 $ 432 Project Surveyor I @ 8 hours = $1,120 $ 896 1835 20th Street • Vero Beach, Florida 32960 Phone: 772.569.7880 • Fax: 772.778.3617 0 E-mail: irsurvey@bellsouth.net 229 A Mr. Jesse Roland June 6, 2013 Page 2 Proposal IRS -13-178 2. Closed level run including bench marks set on control points as well as off-site: 2 Man Crew @ 16 hours = $1,920 $1,536 3. Digital terrain mapping including but not limited to: a. Vegetation, specified trees, existing utilities, existing potable wells, main shut valve at each residence or point of entry of water service, street signs and all drainage structures and drainage pipes. b. Cross sections every 100 feet along all right of ways extending 10 feet beyond existing right of way lines. C. Locate and identify driveways, sidewalks, headwalls, pipe ends, inverts (size, material and length). 2 Man Crew @ 53.5 hours = $6,420 $5,136 4. Cad drafting: Cad Tech I @ 50.75 hours = $4,060 $3,248 Cad Tech II @ 12.3 hours = $ 861 $ 689 Project Surveyor I @ 23.6 hours = $3,304 $2,643 We propose to provide the above described services in Task 1 for a total fee of $21,585 or $17,268 with 20% discount Task 2 (Indian River County Re -Use Water Discharge Oration) 1. Topo top of bank to edge of water on south side of existing stormwater pond. Map route for reclaim water as specified, including location and elevation of existing control structure, control elevation and water level. 2 Man Crew @ 4 hours = $ 480 2. Cad drafting: Cad Tech I @ 1.25 hours = $ 100 Cad Tech II @ 0.7 hours = $ 49 Project Surveyor I @ 0.4 hours = $ 56 We propose to provide the above described services in Task 2 for a total fee of $685. Any services requested that are not stated above may require a separate proposal, or will be considered additional services and will be billed at the previously agreed to hourly rates. Payment for our services is due as stated in signed contract. This proposal is not valid if not executed by the accepting party and received in this office within sixty (60) days of the date of this proposal as printed above. 230 Mr. Jesse Roland June 6, 2013 Page 3 (W Proposal IRS -13-178 We are available to begin work described herein upon our receipt of your written acceptance of this proposal/contract. Should you require further information or clarification, please call. Sincerely, INDIAN RIVER SUR SC/jb Accepted this (W Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY i�-57LAir! REINGOLG 00UNTY ATTORNEY day of Rodolfo Villamiz , kt., Vice President Witness F 231 Mr. Jesse Roland June 3, 2013 Page 4 (W Proposal IRS -13-178 • sos 1 5110 t�ip ° 505 540 sm 560 PULL WjNG.DR 515 520 535 ........ w 525 $ 525. • 545 565 585 Q WINDIAN RIVER COUNTY N e 1:PROPOSEDII`YATEE3 MAINASSESSMENT UCP # 4 l Od AERODROME SUBDIVISIQN A 232 INDIAN RIVER SURVEY, INC. Professional Surveying and Mapping (W PROFESSIONAL LAND SURVEYING AND MAPPING / GIS SERVICES FEE SCHEDULE Renewed contract period of October 1, 2012 to September 20, 2013 Professional Services: Surveyor I $140.00 Surveyor 1l $125.00 CADD Technician I $ 80.00 CADD Technician H $ 70.00 GIS Technician $140.00 Administrative Assistant $ 40.00 2 -Man Survey Crew $120.00 2 -Man / 2 Unit GPS Crew $135.00 2 -Man GIS Data Collection Crew $135.00 Reimbursable Expenses: Postage at cost Overnight Mail (Federal Express, UPS) at cost Copies: 24" x 36" $ 2.50 each 24" x 36" Mylar $25.00 each 11" x 17" $ 0.50 each 8'/2" x 11" $ 0.25 each Concrete Monuments $25.00 each Rebar- $ 2.56 each Laths $ 1.50 each Compact Discs (DVD/CD-R) $ 1.00 each 233 CEJ Dylan Reingold County Attorney William K. DeBraal, Deputy County Attorney A 2R Office of Attorney's Matters 07/16/13 INDIAN RIVER COUNTY MEMORANDUM TO: k Board of County Commissioners �/ THROUGH: Dylan Reingold, County Attorney `O�" FROM: William K. DeBraal, Deputy County Attorne DATE: July 9, 2013 ATTORNEY SUBJECT: Approval of Expert Witness Fees for William Bethel: Parcel 108 Background On March 17, 2009 the Board approved a Resolution of Necessity for a parcel of property located at 4875 66th Avenue, owned by William Bethel. This parcel lies on the west side of 66th Avenue between 45th Street and 49th Street. The property is approximately 0.89 acres in size and contains a three bedroom, two bath house of approximately 1,732 sq. ft. The road construction plans for 66th Avenue call for the County to acquire 0.30 acres of property from Mr. Bethel for road right-of-way along 66th Avenue. The matter proceeded to a five day jury trial and the jury returned a verdict of $305,000 for full and final compensation to Mr. Bethel for all damages as a result of the taking. Mr. Bethel appealed the verdict to the Fourth District Court of Appeal. The Appellate Court affirmed the verdict without an opinion. The only matter left to resolve is the payment of Mr. Bethel's expert witness fees and costs, which, by statute, the condemning authority is obligated to pay. APPROVEDMEET I AR AGENDA B.C.C. LCQUNTIE."ATiORNE 234 MEMORANDUM —William Bethel Costs July 10, 2013 Page 12 The parties have reached an agreement where the following experts will be compensated for their services: • Gillis & Company, and Jess Collister, property appraisers • Landon, Moree & Associates, engineers • Engelhardt Hammer & Associates, land planners • R.B. Roberts & Associates, building contractor • Roberts Horticultural Services, landscape contractor • Simon and Holloway, legal costs Total $ 49,900 $ 24,750 $ 12,000 $ 10,250 $ 1,500 $ 4,560.34 $102,960.34 A breakdown of the expert fees is illustrated in the table below: Bethel's Experts Invoice Amount Settlement Amount Percent Reduction County's Experts Fees Gill is/Collister/A raiser $72,735.75 $49,900 68.6% $39,838.24 Landon/engineers $31,115.00 $24,750 79.5% $20,159.11 Hammer/Planner $15,866.29 $12,080 76.1% none Roberts/Contractor $12,495.00 $10,250 82.0% $7,453.45 Roberts/Horticulture $2,656.25 $1,500 56.4% none Business damages none - $11,200.00 Total $134,868.29 $98,480 73.0% $78,650.80 If the Board does not approve of the expert witness fees, they will be determined by the court, with the County responsible for paying for the opposing parties attorney's fees and any additional expert witnesses needed to testify as to the reasonableness of their fees. Additionally, the County would have to retain experts to testify in a fee hearing and pay outside counsel to prepare for and attend the fee hearing. Funding. Funding is budgeted and available from Traffic Impact Fees/District II/ROW/66t" Ave -SR 60 to 49th Street, Acct# 10215241-066120-06040. For FY 2012/13, $1,686,334 has been budgeted for ROW, with $1,132,367 being expended year to date. Recommendation. The County Attorney's Office recommends that the Board approve the Stipulated Order Awarding Defendant, William Bethel, Experts' Costs and Fees in the amount of $102,960.34. Copy to: John LeRoux, Esq. Brent Simon, Esq. A 235 0 A 10. This Agreement and its attachments constitute the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. KAH Development Corp. Kevin A. Hamming, President Date Signed: Approved as to form and legal sufficiency: Wiliam K. DeBraal Deputy County Attorney 3 Indian River County Board of County Commissioners Joseph E. Flescher, Chairman Date Approved: Attest: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk 'ZN A Indian River County, Florida Property Appraiser - Printer Friendly Map Print Back EXH IBIT -1 Indian River County GIS Page 1 of 1 ParcelID OwnerName PropertyAddress 32352600000500000001.0 LKL KAHLE FAMILY INVESTMENTS III 322005 2966 SR 60 VERO BEACH, FL 32353500000300000001.0 LKI HLE FAMILY INVESTMENTS III SR 60 VERO BEACH, FL 32966 33391200043000000012.0 KAHLE FREDERICK JOHN JR & 33390200016006000007.0 KAHLE ESTHER (TR) * 31391700004000000000.2 KAHAMA VII LLC http://www.ircpa.org/PrintMap.aspx Notes 921 5TH CT VERO BEACH, FL 32960 1802 23RD AV VERO BEACH, FL 32960 US HIGHWAY 1 SEBASTIAN, FL 32958 5/9/2013243 -Z awold oM wma-NonA l Nd all oxa-1090\ma\s5S7a13DX& t Nd aN oxo-low\X WnSWV Wa of 3XIO aw 1 3SMa avow axo-loco\WW<Wd NOMW OM MNf+Q\S)IVOM Xww\'-! 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I N x Q�� a w I W -i o- LA LLJ afzz Z a_ < ,ZLL w I ao 05 Z.z C7 Z I p N I o Z 961v 'Od 'Mt '8*8*0 I I 0 0'ir 1000-0009-00000-tZ-6£-££ O L Cf)° o 3NI801 V 0 S3Nd(' 'SNIAN3r I 57< � 1 0 0 w I O m - I 07 1000-0009-00000--VZ-6£-£1T d800 1N3NdOl3A30 HVA 1 ,05 L W< 1 U Z O O I Z J t:wn00 1 H 0 LLI I (n 3: O4 N 1 \ Q X I W0_co\ caI o7af0a I F.P. a b8L 'Od '8 -VL '8*6*0 O'SZ000-0009-00000-tZ-62-£2 3NI801 V W 01AVO S3NIdP `SNIAN3r Q O w It 1 Ki N a Z 2 2 U 0 ck� c '6N X30 o�> U 30 a - j O c ami Z m QHS 0 -t a Z OW Z 0 o V1W�o N0 Z w M O 13 N � 11 a t: m to 2 N O m N U O O n Kar Wv r' 0 1A Attorney's Matters 7/16/13 MEMORANDUM 1313 TO: Board of County Commissioners FROM: Dana C. Larsen, County Attorney Intern THROUGH: William K. DeBraal, Deputy County Attorney DATE: July 8, 2013 RE: Property Exchange with KAH Development Corporation — 8th Court SW (off Oslo Road) The County needs to acquire the dirt roadway known as 8th Court SW Vero Beach, Florida in exchange for a parcel of land located at 830 9th Street SW Vero Beach, Florida. The parcel of land is adjacent to two properties, already -owned. - by KAH Development Corporation, a Michigan corporation (" KAH"). KAH has agreed to this exchange of property because of its interests in jointly developing its two parcels, along with the County's additional parcel. The County has no intent to utilize the parcel, but does wish to acquire the roadway. The details of the exchange are as follows: • The County agrees to convey to KAH the parcel of land located at 830 9th Street SW Vero Beach, Florida recorded in the official record book 1671, page 1333 of the public records of Indian River County, Florida. • KAH agrees to convey to the County the portion of dirt roadway known as 8th Court SW Vero Beach, Florida recorded in the official record book 2629, page 209 of the public records of Indian River County, Florida. The terms and conditions of the proposed exchange have been noticed in the newspaper once a week for two weeks prior to this meeting, pursuant to Florida Statute 125.37. Funding: KAH will be compensating Indian River County in the amount of $7,500.00 as payment for this exchange, inclusive of documentary stamps for the deed to the County. Expenses associated with the property exchange are estimated to be $350.00 which covers the required publication fees for giving notice of the property exchange, as well as the recording fees associated with the deed to the County. (Each party will be responsible for recording its respective deed.) Funds for this expenditure are available form Secondary Roads/Misc. Rights -Of -Way, Account No. 10921441-066120. APPROVED FOR t l0 3_ B.C.C. TING - AR AGENDA ,CduNTY.ATTORNEY, Indian River Co. Ap oved Date Admin. 7h i Co. Atty. Budget 013 Dept. 7 hpleir Mar. 238 Oslo Road Property Exchange July 8, 2013 Page 2 Recommendation: A public hearing is not required for this matter, but the Board should give the public ample opportunity to be heard on this matter. The Board should additionally authorize the Chairman to execute the agreement and any deeds and documents necessary to effectuate the exchange. Copy to: Kevin Hamming, KAH Development Corporation A N 239 REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND KAH DEVELOPMENT CORPORATION This Agreement entered into this day of July, 2013 between Indian River County, a political subdivision of the State of Florida ("the County") 1801 27th Street, Vero Beach, Florida 32960; and KAH Development Corporation, a Michigan Corporation, 631 Big Beaver, Suite 201, Troy, Michigan, 48083 ("KAH"). WHEREAS, KAH has purchased two parcels of property on Oslo Road whose addresses are 820 and 816 9th Street SW (Oslo Road) in Vero Beach, Florida. Those parcels are depicted in Exhibit A attached and incorporated by reference herein; and WHEREAS, the County owns a parcel of land adjacent to the KAH parcels whose address is 830 9th Street SW (Oslo Road) Vero Beach, Florida ("County Parcel"). That parcels is also depicted on Exhibit A; and WHEREAS, the County acquired its parcel on December 12, 2003 via a Tax Deed after the parcel had remained on the list of lands available for taxes since December 1996, a period of 7 years, and WHEREAS, the County Parcel is approximately 5,600 sq feet, 0.13 acres in size (50' by 112'), zoned commercial and is unimproved with no structures, and WHEREAS, KAH acquired one of its parcels via a short sale from PNC Bank on November 30, 2012 (PNC Parcel), and WHEREAS, unbeknownst to KAH, the PNC Parcel included a portion of a dirt roadway known as 8th Court SW also depicted on Exhibit A WHEREAS, KAH is interested in acquiring the County Parcel and the County is interested in acquiring the 8th Court SW parcel and the Murphy Act/Right-of-Way reservations from KAH WHEREAS, each party is indivisibly seized of their respective parcel of property and shall convey marketable title to their respective parcel by an appropriate deed, free of claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing; and WHEREAS, this Exchange Agreement is subject to final approval by the Indian River County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published once a week for two weeks before consideration by the BCC. 1 240 NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter, KAH and the County agree as follows: 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. The parties agree to schedule a closing date within 60 days from the date of the last signature on this agreement. 3. As part of the property exchange, the County hereby agrees to convey to KAH, the 0.13 acre parcel of property depicted on the sketch and legal description attached and incorporated by reference as Exhibit "B". 4. At the same time, and as an additional part of the property exchange, KAH agrees to convey to the County the parcel consisting of 8th Court SW, consisting of square feet (0.## acres) as depicted on Exhibit C attached, and 5. At the same time, and as an additional part of the property exchange, KAH agrees to convey to the County the parcel consisting of 1,900 square feet (0.04 acres) as depicted on Exhibit D attached, and 6. At the same time, and as an additional part of the property exchange, KAH agrees to pay to the County the sum of $7,500.00. 7. Each party shall convey marketable title to their respective parcels by appropriate deed free of claims, liens, easements, encumbrances and property taxes prorated for the year of closing. 8. County shall be responsible for preparation of all Closing documents. a. County shall pay the following expenses.at Closing: The cost of recording the warranty deeds and any release or satisfaction obtained by KAH pursuant to this Agreement. b. KAH shall pay the following expenses at or prior to Closing: The cost of recording the deed and any release or satisfaction obtained by County pursuant to this Agreement, together with taxes. liens or encumbrances upon the Property conveyed to the County. 9. In the event a dispute arises over this agreement, KAH and County shall each pay their own attorneys' fees and costs. K 241 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF LAND WITH KAH DEVELOPMENT CORPORATION WHEREAS, KAH Development Corporation owns a dirt roadway located at 8th Court SW Vero Beach, Florida; and WHEREAS, the County owns a parcel of land located at 830 9th Street SW Vero Beach, Florida; and WHEREAS, it is the opinion of the Board of County Commissioners that the County owned parcel is not needed for county purposes; and WHEREAS, it is in the best interest of the County that such property be exchanged for other real property, which the County desires to acquire for county (W purposes; and WHEREAS, the terms and conditions of the proposed exchange were noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125.37, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Exchange Agreement between Indian River County, Florida, and KAH Development Corporation is approved and Chairman is authorized to execute the Agreement and any necessary deed to effectuate the exchange. A 250 Q RESOLUTION NO. 2013 - The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan; Commissioner Bob Solari, Commissioner Tim Zorc, Commissioner and, upon The Chairman thereupon declared the resolution duly passed and adopted this 16th day of July, 2013. Approved as to form And legal sufficiency: By: William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman BCC approved: ATTEST: Jeffrey R. Smith, Clerk and Comptroller 251 SCRIPPS TREASURE COAST '', '` NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 Scpjpps AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer INDIAN RIVER CO ATTORNEY INDIAN RIVER CO ATTORNEY to and subscri Cipriani lel Ad Pub Number Date Copyline 2530100 6/30/2013 PUBLIC NOTICE 7/7/2013 before me this day of, July 07, 2013, by [X) personally known to me or [ I who haA produced Mary T ,`,ti nwgpy s MARY T BYRNE Notary Public - State of florid& My Comm. Expires Aug 2, 2014 • , Commission #t EE 7134 Notary Public who is as identification. 1v\ A t4 RECEIVED JUL 112013 COUNTY ATTORNEY'S OFFICE Po # PROPERTY EXCHANGE NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATEPAGES ORIGINAL F10 • SCRIPPS TREASURE COAST NEWSPAPERS • SUNDAY, JULY T. 2013 r.: O to d 0 ca C O a m 3 i— O W V U tD 0 Z cu o to Q r = z LL a N N C 0 N l 0) (ri L: a- 0 N CCL E 0 0 'C l7 0) 0) 0) a a cn 0 0) CU Ir - 04 N O r O X r �j Q N Z r Z L: a) .0 E Q Z E o Z a) Qj _0 -0 to N 0 Q 65 V MARINAS AND KIAS TCPALM.COM CLASSIFIED TREASURE LOOKING Find your COASTFORA way into Treasure CYLurMoney BARGAIN? cyberspace Coast Classifieds Manager Read Locate your MAKE f^ —^-f^• Treasure Computer YOUR COe OaiMe°e° Coast System ADVERTISERClassified in the ^� EVERY DAY! Treasure DOLLARS WORK ^asuriOOetFOR Coast YOU 01au'"•°"� °°° °ap°rtunitle& TI—'sM1K1 in Classified Classifieds. manm°gL n°aammlag iromPiae°, tcpalm.com tcpaim.com classified classified N's Always The #1 Your A Buyer's Advertising ultimate Market at Source For Cma[GaasMaE Treasure Coast Recent Home source for M. ' °° °�"° �< ImdflM Classified oxnc fies Buyers t'f jobs, cinaa:<inm Tum your bicycle Treasure Coast Classtfleds homes , w•ewtlmaW .nmmrreaw� into buck& Sell t=winvmm dmanea p Wheels & C�`aesifl.a �. neededgef kems through n.a,unCoast stuff. C1aae10ed FIND OUT Treasure TREASURE ABOUT THE Coast ity „•I COAST POWER OF Classifieds mlo inGassiflek sM.a�u.551Flm ADVERTISING a. Med Treasure Coast TREASURE tna°rera,n.wmrr Classifieds COAST ".a.�a"Ra.�, tcpalm.com CLASSIFIED ....na-'��"I CIassifietl AOuick Sale MARINAS AND KIAS JULY 16, 2013 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 10, 2013 SUBJECT: Indian River Lagoon Update FROM: Tim Zorc Commissioner, District 3 I will provide an update, and a presentation will be made by Howard Ehrsam, P.E., Creech Engineers, Inc. 252 x Tent /Y.41 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 15, 2013 SUBJECT: Agricultural Water Supply/Disbursed Water Storage or Water Farming M: Wesley t FRO y S. Davi Commissioner, District 1 In furtherance of gathering information for a Lagoon Plan, I submit the attached unapproved draft minutes from Agriculture Advisory Committee providing an environmental aspect affecting the overall supply of the water to Indian River County and their recommendation to seek funding and assistance from agencies and entities to research location and design of reservoirs or containment areas for agricultural water. WSD:mIp Attachment F:\BCC\Agenda Items\2013\Davis\Go1f Carts in Roseland.doc h S�j - /Q New Business Vice Chairman Adair presented a PowerPoint regarding areas of concern for IRC Agricultural Water Supply, including a 2010 Citrus Groves Assessment from the United States Department of Agriculture, a 2011 Survey of Estimated Annual Water Use for St. Johns River Water Management District, outline of the general conditions of a consumptive water use, and a map of the Floridian Aquifer Well Locations, including free-flowing artesian wells; a copy of the PowerPoint is on file in the Commission Office. Vice Chairman Adair alerted the committee and attendees the estimated 1,000 permitted wells in the North Eastern portion of Indian River County were: a) Largely not in use due to the abandonment of citrus located East of Interstate 95; b) At least 50 years older, in poor condition and as a result, were likely leaking into groundwater table and/or, drainage, canals; c) If a cure for Huanglongbing (HLB), a citrus reening disease fatal for citrus trees was found, the abandoned groves would be replanted with citrus, creating a large demand or withdrawal from the Floridian aquifer, which would impact the County's. -,North well field and vise versa. Vice Chairman Adair introduced Richard Burklew, Jr., P.E.; Supervising Hydrologist, St. Johns River water` Management District, Palm Bay Service Center and Carl Larrabee; Jr.;, P.E.; Bureau Chief, Water Use Regulation, St. Johns River Water Management District, Palatka Headquarters. Mr. Larrabee '.. presented I a PowerPoint regarding permit streamlining initiatives, district water supply planning/funding, alternative water supply options and artesian well . plugging program; a copy of the PowerPoint is on file in the Commission Office. Discussions ensued regarding potential funding sources, cost sharing availability, surface water retentions, available water sources and fee simple ownership of the acreage housing the water. AAC/Unapproved 2 May 23, 2013 F:\BCC\All Committees\AAC\Agendas & Minutes\2013\Minutes 5 23 13.doc S-.�L 2 z 0 0 Q J m U. CL O t L O N r O V •1 i E i O L W -7•i&•il /Y.1.1. ck d - O L U OtkoO J V m L = M N L V� W ` 3 J R 'biA Z z _ ._ w _ i _ ba s U nr s W GJ a-+ L L 0 > m N m U. CL O t L O N r O V •1 i E i O L W -7•i&•il /Y.1.1. ck d - ENGINEERS INC_ CIVILIZATION ENGINEERED 501 SE Port St Lucie Blvd, Suite 101 Port St Lucie, Florida 34984 Ph (772) 249-0733. Fax (772) 220-7881 INDIAN RIVER LAGOON WORKING GROUP July 16, 2013 PROJECT UNDERSTANDING The Indian River Lagoon is North America's most diverse estuary with more than 4,300 species of plants (2,100) and animals (2,200), including 35 that are listed on either the threatened or endangered species list, more than any other estuary in North America. The Lagoon varies in width from .5 to 5 miles (0.80 to 8.0 km) and averages 4 feet (1.2 m) in depth. It is nearly 156 miles (251 km) long, extending from Ponce de Leon Inlet in Volusia County, to Jupiter Inlet in Palm Beach County. The Lagoon serves as a spawning and nursery ground for many different species of oceanic and Lagoon fish and shellfish. The Lagoon also maintains one of the most diverse bird populations anywhere in America. Lastly, it provides refuge for nearly 30% of the nation's manatee population, which migrates through the Lagoon seasonally. In 2007, concerns were raised about the future of the Lagoon system, especially where frequent freshwater discharges seriously threaten water quality (decreasing the salinity needed by many fish and plant species) and contribute to large algae blooms (water heavily saturated with nutrients promotes the algae blooms). In 2010, annual nutrient loads into the Lagoon were been quantified at 3,300,000 pounds (1,500,000 kg) of nitrogen and 475,000 pounds (215,000 kg) of phosphorus. In 2011, a superbloom of phytoplankton resulted in the loss of 32,000 acres (13,000 ha) and by 2012, 47,000 acres (19,000 ha), or 60% of Lagoon seagrass had died off compared to the 2010 inventory. Nearly a third of all seagrass losses, 12,000 acres, have been within Indian River County. The seagrass is considered a critical component to the overall health of the Lagoon, as it provides the foundation for much of the aquatic life in the Lagoon. In 2012, a brown tide bloom fouled the northern Lagoon. This caused immediate alarm in the scientific and general communities. Not only was the foundation of the ecosystem at risk of collapse, but the seagrass die off also threatened the $3.7 billion the Lagoon generates for local economies annually. In response to public outcry, Commissioner Tim Zorc of Indian River County hosted the Indian River Lagoon Symposium on March 26, 2013. The symposium was a multi -institutional, multi -agency forum discussing science and the health of the Indian River Lagoon. The symposium was open to scientists, decision makers, students, education and outreach professionals, and the interested public. The intent was to help facilitate better communication among these groups so that the gaps between research, its coordination, and its application can be narrowed. One of the most significant needs identified during the symposium was one for unified and coordinated effort when considering options to restore appropriate environmental conditions within the Lagoon. Therefore, in efforts to efficiently expedite private and publicly funded Lagoon restoration efforts between the Sebastian and Fort Pierce Inlets, primarily within Indian River County, an assembly of 20 stakeholders has been created. These 20 stakeholders will be tasked with the goal of identifying restoration targets for this portion of the Lagoon, evaluating various regulatory, technological, and Melbourne Port St Lucie „ Stuart Tallahassee as'�A •a- Indian River Lagoon Working Group July 16, 2013 Page 2 of 4 scientific approaches to meeting those targets, overseeing the implementation of demonstration projects that will be performed and measured against specific success criteria, and generating implementation budgets and timelines. The initial meeting for this group of 20 stakeholders is slated to occur in August 2013. Howard Ehrsam, a Senior Project Manager with Creech Engineers, Inc. (Creech), will be overseeing this multi -day day meeting. Two days are planned for a workshop with all participants and a Td day for a small working group to memorialize the work into deliverable form. Environmental and Marine Consulting Services Inc. (EMCS) will assist Creech in selecting suitable facilitator to conduct the stakeholder's meeting. The goal is to select a facilitator who is specifically qualified to coordinate and manage this level of effort, preferably with environmental restoration experience. However, due to the scientific, political and institutional complexity associated with coordinating environmental restoration efforts of this scale, it is likely that expert restoration experience will be needed to support the facilitator and effectively conduct the meetings. EMCS has been asked to provide this guidance to the selected facilitator. Lastly, an action plan will need to be formulated in order to effectively organize efforts based on the outcomes reached during the stakeholder meetings. SCOPE OF SERVICES Task 01 — Facilitator Selection Supported by EMCS, Creech will assist with the selection of the Stakeholder Meeting facilitator. The facilitator will be a qualified professional in the field of mediation and facilitation. It is preferred that the facilitator has experience in the environmental and scientific restoration field, specifically in the Indian River Lagoon. A short list of up to 3 potential facilitators will be created based on professional qualifications, past experience, and professional references. Creech and EMCS will conduct meetings and/or phone interviews as necessary to present recommendations to decision makers. Task 02 — Stakeholder Meetings and Report With assistance from EMCS, Creech will conduct 20 stakeholder meetings. The purpose of these meetings will be to collect pertinent background information regarding each stakeholder, which may influence the meetings, assemble the most recent and up-to-date findings with regard to the Lagoon's health, and currently planned Lagoon restoration efforts. Specific information gathered from each stakeholder will include the following: • Specific interests, responsibilities, and constraints for each stakeholder, • Historical levels of effort taken by each stakeholder towards Lagoon restoration (successful and unsuccessful) • Current levels of effort taken by each stakeholder towards Lagoon restoration, • Future levels of effort planned by each stakeholder towards Lagoon restoration, • Each stakeholder's existing data inventory, and • Potential participation levels and/or funding sources. Creech will work with EMCS to prepare, conduct and summarize the meetings as well as any research to evaluate various technologies and topics presented by stakeholders. Melbourne , Port St. Lucie , Stuart 1 Tallahassee �3 :t 3 Indian River Lagoon Working Group July 16, 2013 Page 3 of 4 Task 03 — Facilitator Coordination Meetina and Monitorina Creech oversee the process to familiarize the selected facilitator with specific issues, problems, and opportunities in the targeted portion of the Indian River Lagoon. A copy of the stakeholder meeting report will be distributed to the facilitator before this meeting for their review and utilization. During the meeting, additional background information will be discussed regarding stakeholder backgrounds, political agendas, interests and responsibilities. Past and ongoing restoration efforts within this area of the Lagoon will also be discussed in detail with the facilitator in order to promote an effective stakeholder meeting forum. Creech will monitor and support the facilitator for Stakeholder Meeting preparation. Task 04 — Workshop and Support Creech will attend and provide meeting support during preparation for and conductance of the three- day stakeholder workshop as necessary. Creech will support the facilitator and/or EMCS during workshop preparation. Creech will support the multi -day day workshop. Two days are planned for a workshop with all participants and a 3rd day for a small working group to memorialize the work into deliverable form. Task 05 — 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets Creech will oversee the formulation of an "Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets" based on the meeting's findings and recommendations. The intent of the plan is to provide a concise series recommendations, guidelines, and success criteria associated with the publicly and privately funded restoration projects identified during the three-day stakeholder meeting. The action plan will contain the following key elements: • Meeting summary • Recommended treatment technologies, best management practices and their associated success criteria • Recommended pilot projects and their associated success criteria • List of tier 1 projects — short term here and now 2 years of less • List of tier 2 projects — 2-5 years • List of tier 3 projects — 5 years plus • Implementation Budget • Private and public funding sources and corresponding levels of commitment • Implementation methodology and schedule Creech will oversee the compilation of the key findings, figures, action items and timelines defined during the stakeholder meeting and generate a draft action plan for review by the stakeholders, decision makers, and EMCS by Friday, August 30th. EMCS will incorporate the comments of the interested parties and generate a final version of the Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets. The deliverable will include an Adobe PDF of the document on Compact Disk (CD) or Digital Video Disk (DVD). Published hard copies of the document will be generated for the stakeholders, decision makers, and interested parties. Melbourne Port St. Lucie Stuart Tallahassee Indian River Lagoon Working Group July 16, 2013 Page 4 of 4 DELIVERABLES The following deliverables will be associated with the Task descriptions listed in the above Scope of Services. Task 1: Facilitator Selection The deliverables associated with Task 1 will include: • A short list of potential facilitators • A meeting or conference call to review and discuss facilitator selection with recommendations Task 2: Stakeholder Meetings & Report The deliverables associated with Task 2 will include: • Prepare for and conduct 20 Stakeholder Meetings • Stakeholder Meetings Report by EMCS • Oversee and coordinate evaluation of technologies and solutions Task 3: Facilitator and Workshop Coordination The deliverables associated with Task 3 will include: • Participate in Facilitator Coordination Meeting • Monitor overall program including Facilitator, EMCS, schedule and budget through delivery of Action Plan and provide updates. Task 4: Stakeholder Workshop Support The deliverables associated with Task 4 will include: • Provide Stakeholder Workshop Support • Participate in Stakeholder Workshop Task 5: 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets The deliverables associated with Task 5 will include overseeing the following produced by EMCS: • Draft 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets (by August 30th) • Final 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets • Published hardcopies of the Indian River Lagoon Action Plan Melbourne : Port St. Lucie Stuart Tallahassee r s''o7 • s Environmental & Marine Consulting Services, Inc. 8949 SE Bridge Road, #316 Hobe Sound, FL 33455 772-905-9389 INDIAN RIVER LAGOON TECHNICAL ADVISORY BOARD MEETING FACILITATION AND SUPPORT SERVICES EMCS Work Summary Prepared for the Indian River County Board of County Commissioners Tuesday, July 16th, 2013 1. INTRODUCTION The Indian River Lagoon is North America's most diverse estuary with more than 4,300 species of plants (2,100) and animals (2,200), including 35 that are listed on either the threatened or endangered species list, more than any other estuary in North America. The Lagoon varies in width from .5 to 5 miles (0.80 to 8.0 km) and averages 4 feet (1.2 m) in depth. It is nearly 156 miles (251 km) long, extending from Ponce de Leon Inlet in Volusia County, to Jupiter Inlet in Palm Beach County. The Lagoon serves as a spawning and nursery ground for many different species of oceanic and Lagoon fish and shellfish. The Lagoon also maintains one of the most diverse bird populations anywhere in America. Lastly, it provides refuge for nearly 30% of the nation's manatee population, which migrates through the Lagoon seasonally. In 2007, concerns were raised about the future of the Lagoon system, especially where frequent freshwater discharges seriously threaten water quality (decreasing the salinity needed by many fish and plant species) and contribute to large algae blooms (water heavily saturated with nutrients promotes the algae blooms). In 2010, annual nutrient loads into the Lagoon were been quantified at 3,300,000 pounds (1,500,000 kg) of nitrogen and 475,000 pounds (215,000 kg) of phosphorus. In 2011, a superbloom of phytoplankton resulted in the loss of 32,000 acres (13,000 ha) and by 2012, 47,000 acres (19,000 ha), or 60% of Lagoon seagrass had died off compared to the 2010 inventory. Nearly a third of all seagrass losses, 12,000 acres, were within Indian River County. The seagrass is considered a critical component to the overall health of the Lagoon, as it provides the foundation for much of the aquatic life. In 2012, a brown tide bloom fouled the northern Lagoon. Not only was the foundation of the ecosystem at risk of collapse, but the seagrass die off also threatened the $3.7 billion the Lagoon generates for local economies annually. This caused immediate alarm in the scientific and general communities. In response to public outcry Commissioner Tim Zorc of Indian River County hosted the Indian River Lagoon Symposium on March 26, 2013. The symposium was a multi- institutional, multi -agency forum discussing science and the health of the Indian River Lagoon. The symposium was open to scientists, decision makers, students, education and outreach professionals, and the interested public. The intent was to help facilitate better communication among these groups so that the gaps between research, its coordination, and its application can be narrowed. Providing Environmental & Permitting Solutions to So� Clients from Kissimmee to the Keys Environmental & Marine Consulting Services, Inc. One of the most significant needs identified during the symposium was one for unified and coordinated effort when considering options to restore appropriate environmental conditions within the Lagoon. Therefore, in efforts to efficiently expedite private and publicly funded Lagoon restoration efforts between the Sebastian and Fort Pierce Inlets, primarily within Indian River County, an assembly of 20 stakeholders has been created. These 20 stakeholders will be tasked with the goal of identifying restoration targets for this portion of the Lagoon, evaluating various regulatory, technological, and scientific approaches to meeting those targets, overseeing the implementation of demonstration projects that will be performed and measured against specific success criteria, and generating implementation budgets and timelines. The initial meeting for this group of 20 stakeholders is slated to occur in August 2013. Mr. Howard Ehrsam, a Senior Project Manager with Creech Engineers, Inc. (Creech), will be overseeing this multi -day day workshop. Two days are planned for all stakeholders and participants, and a 3rd day is planned for a small working group to memorialize the workshop results into deliverable form. Save the Indian River Estuary Now, Inc. (STIRLEN) has requested Environmental and Marine Consulting Services Inc. (EMCS) assist Creech with organizing, conducting, and summarizing this workshop. The first goal is to select a facilitator who is specifically qualified to oversee and manage this level of stakeholder coordination, preferably with environmental restoration experience. EMCS will assist with the selection of a qualified facilitator. However, due to the scientific, political and institutional complexity associated with coordinating environmental restoration efforts the scale, it is likely that expert restoration experience will be needed to support the facilitator and effectively conduct the meetings. To that end, EMCS has been asked to provide this guidance to the selected facilitator and provide meeting support. EMCS will participate in initial stakeholder interviews to collect specific information designed to familiarize the facilitator with critical information. In addition, EMCS will provide technical assistance and guidance to the facilitator during the stakeholder meeting. Lastly, an action plan will need to be formulated in order to effectively organize restoration efforts based on the outcomes reached during the stakeholder meetings. EMCS has produced many of these documents in the past on projects of similar scale. STIRLEN has also requested EMCS support Creech with plan formulation services as well. Therefore, EMCS has prepared this scope of services for STIRLEN to support Creech with facilitator selection, initial stakeholder interviews, technical facilitator support, meeting preparation and participation, and action plan formulation. 2. SCOPE OF SERVICES Task 1: Facilitator Selection EMCS will support Creech in selecting the stakeholder workshop facilitator. The facilitator will be a qualified professional in the field of mediation and facilitation. It is preferred that the facilitator has experience in the environmental restoration and planning field, specifically in the Indian River Lagoon. Providing Creative Environmental & Permitting Solutions to � Clients from Kissimmee to the Keys . Environmental & Marine Consulting Services, Inc. EMCS will generate a short list of potential facilitators based on professional qualifications, past experience, and professional references. Creech and EMCS will conduct meetings and/or phone interviews as necessary to present facilitator recommendations to decision makers. Task 2: Stakeholder Meetings & Report EMCS will assist Creech in conducting 20 stakeholder meetings. The purpose of these meetings will be to collect pertinent background information regarding each stakeholder, which may influence the meetings, assemble the most recent and up-to-date findings with regard to the Lagoon's health, and currently planned Lagoon restoration efforts. Specific information gathered from each stakeholder will include the following... • Specific interests, responsibilities, and constraints for each stakeholder, • Historical levels of effort taken by each stakeholder towards Lagoon restoration (successful and unsuccessful) • Current levels of effort taken by each stakeholder towards Lagoon restoration, • Future levels of effort planned by each stakeholder towards Lagoon restoration, • Each stakeholder's existing data inventory, and • Potential participation levels and/or funding sources. Additionally, EMCS will also evaluate various water quality improvement technologies for consideration based on input from the stakeholders. Following the stakeholder meetings, and technology evaluations, EMCS will generate a Stakeholder Meetings Report which will summarize the meetings findings and technological evaluations. Task 3: Facilitator Coordination Meeting EMCS will assist Creech with familiarizing the selected facilitator with specific issues, problems, and opportunities in the targeted portion of the Indian River Lagoon. A copy of the stakeholder meeting report will be distributed to the facilitator before this meeting for their review and utilization. During the meeting, additional background information will be discussed regarding stakeholder backgrounds, political agendas, interests and responsibilities. Past and ongoing restoration efforts within this area of the Lagoon will also be discussed in detail with the facilitator in order to promote an effective stakeholder meeting forum. Task 4: Stakeholder Workshop Support EMCS provide workshop support to the facilitator during preparation for and conductance of the three-day stakeholder workshop. It is anticipated that support tasks may include, but not be limited to the following... PowerPoint Presentation preparation, which may include project area and data mapping (GIS), data plotting and charting, common scientific terminology explanations & guidance, etc., PowerPoint Presentation organization and technical review Technical support to facilitator during the stakeholder workshop in order to clarify complex and/or conflicting issues. Providing Creative Environmental & Permitting Solutions to � di Clients from Kissimmee to the Keys d Environmental & Marine Consulting Services, Inc. Two days are planned for a workshop with all participants and a 3rd day for a small working group to memorialize the work into deliverable form. Task 5: 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets EMCS will support the formulation of an "Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets" based on the meeting's findings and recommendations. The intent of the plan is to provide a concise series recommendations, guidelines, and success criteria associated with the publicly and privately funded restoration projects identified during the three-day stakeholder meeting. The action plan will contain the following key elements... • Meeting summary • Recommended treatment technologies, best management practices and their associated success criteria • Recommended pilot projects and their associated success criteria • List of tier 1 projects — short term here and now 2 years of less • List of tier 2 projects — 2-5 years • List of tier 3 projects — 5 years plus • Implementation Budget • Private and public funding sources and corresponding levels of commitment • Implementation methodology and schedule EMCS will compile the key findings, figures, action items and timelines defined during the stakeholder meeting and generate a draft action plan for review by the stakeholders, decision makers, STIRLEN and Creech by Friday, August 30th. EMCS will incorporate the comments of the interested parties and generate a final version of the Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets. The deliverable will include an Adobe PDF of the document on Compact Disk (CD) or Digital Video Disk (DVD). 30 published hard copies of the document will be generated for the stakeholders, decision makers, and interested parties. 3. DELIVERABLES The following deliverables will be associated with the Task descriptions listed in Section 2: Scope of Services. Task 1: Facilitator Selection The deliverables associated with Task 1 will include: • A short list of potential facilitators • Correspondence to review and discuss facilitator selection with recommendations Task 2: Stakeholder Meetings & Report The deliverables associated with Task 2 will include: • Prepare for and conduct 20 Stakeholder Meetings • Evaluation of ecological technologies and solutions • Stakeholder Meetings Report Providing Creative Environmental & Permitting Solutions to Clients from Kissimmee to the Keys�..9 Environmental & Marine Consulting Services, Inc. Task 3: Facilitator Coordination Meeting The deliverables associated with Task 3 will include: • Participate in Facilitator Coordination Meeting Task 4: Stakeholder Workshop Support The deliverables associated with Task 4 will include: • Provide Stakeholder Workshop Support • Participate in Stakeholder Workshop Task 5: 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets The deliverables associated with Task 5 will include: • Draft 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets (by August 30th) • Final 2013 Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets • 30 published hardcopies of the Final Indian River Lagoon Action Plan: Sebastian to Fort Pierce Inlets. Providing Creative Environmental & Permitting Solutions to Clients from Kissimmee to the Keys :xw�- -/40