Indian River County Board of County Commissioners … · BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, ... 2011) 53-58 H. Sussex of Vero ... the IRC Courthouse Law Library, ...

July 5, 2011 Page 1 of 6

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Bob Solari, Chairman District 5 Joseph A. Baird, County AdministratorGary C. Wheeler, Vice Chairman District 3 Alan S. Polackwich, Sr., County AttorneyWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardJoseph E. Flescher District 2 Peter D. O’Bryan District 4

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Commissioner Wesley S. Davis

3. PLEDGE OF ALLEGIANCE

Commissioner Bob Solari, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

A. Regular Meeting of June 7, 2011

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, JULY 5, 2011 - 9:00 A.M.


7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

PAGE

A. Engineer Appointee to the Environmental Control Hearing Board (memorandum dated June 21, 2011) 1

B. Survey Services: Purchase Orders processed January 15, 2011 through June 16, 2011 (Memo No. 6) (memorandum dated June 16, 2011) 2

8. CONSENT AGENDA

A. Approval of Warrants and Wires – June 10, 2011 to June 16, 2011

(memorandum dated June 16, 2011) 3-9 B. Approval of Warrants and Wires – June 17, 2011 to June 23, 2011

(memorandum dated June 23, 2011) 10-19 C. Lease Back of Right-of-Way along 66th Avenue between 41st Street and 45th

Street, Vero Beach (memorandum dated June 23, 2011) 20-33

D. Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 20, 2011, through and including August 15, 2011, and August 17, 2011, through and including September 5, 2011 (memorandum dated June 29, 2011) 34-38

E. Release of Retainage Applied Technology & Management for WO# 16 Sectors 1 & 2 Post Construction Monitoring 2010 (memorandum dated June 27, 2011) 39-42

F. Approval of Change Order No. 2 to Work Order No. PCS-1 with Hydromentia, Inc. for FDEP Permit Procurement Services for Reverse Osmosis Reject Water Discharge from the South County Reverse Osmosis Water Treatment Plant (memorandum dated June 24, 2011) 43-52

G. Approval of Bid Award for IRC Bid No. 2011039 Annual Bid for Battery Powered Flow Meters Two Inch and Larger (memorandum dated June 27, 2011) 53-58

H. Sussex of Vero, LLC’s Request for Final Plat Approval for a Subdivision to be Known as Waterside Subdivision (memorandum dated June 14, 2011) 59-66

I. 2012 Holiday Schedule (memorandum dated June 27, 2011) 67


8. CONSENT AGENDA PAGE

J. FPL Relocation Agreements – IRC Transit Facility (memorandum dated June 23, 2011) 68-75

K. RFQ 2011020 Design Services for Jail Fire Alarm – Additional Services (memorandum dated June 23, 2011) 76-79

L. Sector 3 Beach and Dune Restoration Project Change Order #5 – Contract Extension Ranger Construction Industries, Inc. (memorandum dated June 27, 2011) 80-87

M. Proclamation and Retirement Award to Kathleen Strickland for Twenty-Nine Years of Service to Indian River County Department of General Services 88-89

N. Release of Retainage – Work Order No. 18 (Engineering) with Bridge Design Associates, Inc. for Old Dixie Highway Sidewalk from 38th Lane to 65th Street IRC Project No. 0845 (memorandum dated June 23, 2011) 90-91

O. Request for Direct Purchase of Shower/Restroom Facility at Indian River County Fairgrounds in Lieu of RFQ (memorandum dated June 8, 2011) 92-112

P. Miscellaneous Budget Amendment 018 (memorandum dated May 31, 2011) 113-115

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Proposed Fair Housing Workshop and First Public Hearing to Consider Applying for a Community Development Block Grant (memorandum dated June 24, 2011) 116-126

Legislative

B. PUBLIC DISCUSSION ITEMS

None


10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing for July 12, 2011: Discuss and Solicit Public Input Relating to the Division of Indian River County into County Commissioner Districts (memorandum dated June 29, 2011) 127

Legislative

2. Notice of Scheduled Public Hearing for July 12, 2011: Consider Adoption of an Ordinance Amending Chapter 315 of the Code of Indian River County Entitled “The Indian River County Pain Management Clinic and Controlled Substances Ordinance” (memorandum dated June 29, 2011) 128

Legislative

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of a Request from SMI Telecoms LLC for a Local Jobs Grant (memorandum dated June 22, 2011) 129-150

2. Request to Amend the Neighborhood Stabilization Program

Community Development Block Grant Housing Assistance Plan (memorandum dated June 23, 2011) 151-154

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None


12. DEPARTMENTAL MATTERS PAGE

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

1. SR 60 from 58th Avenue to 66th Avenue Resolution of Conflicts with Proposed FDOT Drainage Improvements Through Labor Contractor and Approval of FDOT Agreement to Raise Valve Boxes, UCP #4076 (memorandum dated June 27, 2011) 155-168

2. Final Payment Spoonbill Marsh Wetland Floating Vegetative Mats

(memorandum dated June 15, 2011) 169-172

3. South WWTF 2012 Florida Department of Environmental

Protection (FDEP) Operational Permit Renewal (memorandum dated June 24, 2011) 173-179

13. COUNTY ATTORNEY MATTERS

None

14. COMMISSIONERS ITEMS

A. Commissioner Bob Solari, Chairman

1. Independence Day (memorandum dated June 30, 2011) 180

B. Commissioner Gary C, Wheeler, Vice Chairman

None


14. COMMISSIONERS ITEMS PAGE

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Peter D. O’Bryan

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,

Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.

To:

Date:

Subject:

From:

July 5, 2011 INFORMATIONAL ITEM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

June 21, 2011

Engineer Appointee to the Environmental Control Hearing Board

Misty L. Pursel Commissioner Assistant, District 1

Mr. Patrick Walther has been appointed to fill the position of Engineer Appointee to the Environmental Control Hearing Board previously held by Mr. Steve Snoberger, who had submitted his resignation effective May 17, 2011.

Mr. Walther's application and resume are on file in the Commission Office.

C:\Documents and Settings\cdadmin\Local Settings\Temporary Internet Files\Content.Outlook\9VKARQ8VIECHB -Appointment of Patrick Walther - Engineer Appointee.docECHB - Steve Snoberger.doc

1A

1

7/3 INFORMATIONAL

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director ~ AND ,../J'LJ( Christopher J. Kafer, Jr., P.E., County Engine~

Thomas J. Croonquist, PSM, County Surveyor ~)e,. FROM:

SUBJECT: Survey Services: Purchase Orders processed January 15, 2011 through June 16, 2011 (Memo No. 6)

DATE: June 16, 2011

On October 19, 2010, the Board of County Commissioners approved the Professional Service Agreements for Annual Land Surveying and Mapping/GI$ Services Contract 1032, allowing for Purchase Orders to be created for survey requests to consulting firms for $15,000.00 or less, with the provision that the Board of County Commissioners will be routinely advised of these Purchase Orders through an Informational Item.

Between January 15, 2011 (previous Informational Item) through June 16, 2011, the following one (1) Purchase Order has been processed:

Project: 26th Street over Rangeline Canal - Bridge Replacement As-built Survey PO No. 63326 Culpepper & Terpening, Inc., dated April 14, 2011 County Project No. 0378 IRC Survey PO No. 1 IRC Continuing Survey Services Contract 1032, 2010-2011 Amount: $6,210.00 Account: 11124441-033190, County Engineering, Other Professional Fees Requestor: Chris Kafer, County Engineer Task: Complete As-built Survey on Bridge Structures and Drainage Systems for compliance to SJRWMD Permitting Requirements.

APPROVED AGENDA ITEM

FOR: July 5, 2011

II- d}CJJJ)J

Indian River County

Administrator

Legal

Public Works

Engineering

f:\engineering\tom croonquist\private\bcc agenda items\2011 \survey work order informational updates\ 11-06-21\11-06-16 informational item - survev work orders.doc

2

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: June 16, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES June 10, 2011 to June 16, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of June 10, 2011 to June 16, 2011.

Attachment:

DB:MS

3

CHECKS WRITTEN

CHECKNBR CK DATE VENDOR AMOUNT 268375 6/16/201 l EVERGLADES FARM EQUIPMENT CO INC 1,144.20 268376 6/16/2011 PORT CONSOLIDATED INC 838.81 268377 6/16/2011 DA YES COMMUNICATIONS/ELECTRONIC 28.00 268378 6/16/2011 FLORIDA DETROIT DIESEL ALLISON 1,500.00 268379 6/16/20 I I PRAXAIR DISTRIBUTION SOUTHEAST LLC 1,361.66 268380 6/16/2011 JORDAN MOWER INC 68.35 268381 6/16/2011 fNDIAN RIVER AUTO PARTS LLC 47.99 268382 6/16/2011 INDIAN RIVER AUTO PARTS LLC 94.07 268383 6/16/2011 SSESINCDBA 73.65 268384 6/16/2011 FISHER SCIENTIFIC COMPANY LLC 128.23 268385 6/16/2011 COPYCO fNC DBA l 78.04 268386 6/16/20 I I IKON OFFICE SOLUTIONS 139.32 268387 6/16/201 I CHISHOLM CORP OF VERO 1,168.86 268388 6/16/2011 VELDE FORD INC 426.09 268389 6/16/2011 UNIVERSAL SIGNS & ACCESSORIES 6,587.00 268390 6/16/2011 DA TA FLOW SYSTEMS fNC 303.45 268391 6/16/2011 LIGHTSOURCE IMAGfNG SOLUTIONS LLC 469.82 268392 6/16/2011 SEWELL HARDWARE CO INC 20.83 268393 6/16/2011 COLD AIR DISTRIBUTORS WAREHOUSE 431.81 268394 6/16/2011 E-Z BREW COFFEE & BOTTLE WATER SVC 5.00 2683-95 6/16/2011 INDIAN RIVER OXYGEN INC 105.50 268396 6/16/201 l KELLY TRACTOR CO 204.22 268397 6/16/2011 SAFETY KLEEN SYSTEMS INC 222.71 268398 6/16/2011 COCA COLA REFRESHMENTS USA INC 600.96 268399 6/16/2011 REPUBLIC SERVICES OF FL LP 474.16 268400 6/16/2011 VERO LAWNMOWER CENTER fNC 6,848.40 268401 6/16/2011 F&WMEDIAINC 35.10 268402 6/16/2011 THE GALE GROUP 829.24 268403 6/16/2011 DAVIDSON TITLES INC 422.28 268404 6/16/2011 AMERIGAS EAGLE PROPANE LP 1,480.85 268405 6/16/2011 AMERIGAS EAGLE PROPANE LP 589.27 268406 6/16/20 l l MIKES GARAGE & WRECKER SERVICE INC 55.00 268407 6/16/2011 DAILY COURIER SERVICE 573.00 268408 6/16/2011 APPLE fNDUSTRIAL SUPPLY CO 606.24 268409 6/16/2011 HACH CO 2,148.90 268410 6/16/201 I AKZO NOBEL COATINGS INC 880.44 268411 6/16/201 I ALLIED ELECTRONICS fNC 380.16 268412 6/16/2011 HD SUPPLY WATERWORKS, LTD 9,480.14 268413 6/16/2011 EAST COAST MILLING TURTLE LLC 4,350.00 268414 6/16/201 I VERO fNDUSTRIAL SUPPLY INC 708.26 268415 6/16/2011 FLORIDA VETERINARY LEAGUE 58.00 268416 6/16/2011 TIRESOLES OF BROWARD INC 1,398.00 268417 6/16/2011 FIRESTONE COMPLETE AUTO CARE 1,856.60 268418 6/16/2011 CENTER POINT INC 335.78 268419 6/16/2011 MORNING STAR PERSONILIZED APPAREL INC 685.50 268420 6/16/2011 THE EXPEDITER 21.89 268421 6/16/2011 HILL MANUFACTURING CO !NC 1,778.50 268422 6/16/2011 R& G SOD FARMS 40.00 268423 6/16/20 I I GENERAL PART fNC 1,396.73 268424 6/16/2011 GOODYEAR AUTO SERVICE CENTER 49.00 268425 6/16/2011 BAKER & TAYLOR INC 1,434.86 268426 6/16/2011 MIDWESTTAPELLC 438.68 268427 6/16/2011 NORTHERN SAFETY CO INC 364.62 268428 6/16/2011 ARAMARK UNIFORM SERVICES 1,144.91 268429 6/16/2011 LOWES CO INC 781.81 268430 6/16/2011 K & M ELECTRIC SUPPLY 69.70 268431 6/16/2011 WIGINTON CORP 1,542.00 268432 6/16/20 I I PALM TRUCK CENTERS INC 1,752.05

4

CHECKNBR CK DATE VENDOR. AMOUNT 268433 6/16/2011 DEERE & COMPANY 1,416.36 268434 6/16/2011 COMMUNITY ASPHALT CORP 764.32 268435 6/16/2011 HBELINC 3,050.50 268436 6/16/2011 PAUL CARONE 524.00 268437 6/16/2011 SUNSHINE REHABILA TION CENTER OF !RC INC 135.00 268438 6/16/201 I CREATIVE CHOICE HOMES XVI LTD 386.00 268439 6/16/2011 PER-SE TECHNOLOGIES INC 28,604.97 268440 6/16/201 I CLERK OF CIRCUIT COURT 80.92 268441 6/16/20 I I CLERK OF CIRCUIT COURT 3,932.20 268442 6/16/2011 CLERK OF CIRCUIT COURT 10.00 268443 6/16/2011 CITY OF VERO BEACH 75,056.37 268444 6/16/2011 CITY OF VERO BEACH 258.56 268445 6/16/2011 CAMP DRESSER & MCKEE INC 13,788.22 268446 6/16/2011 APPLE MACHINE & SUPPLY CO 483.08 268447 6/16/2011 INDIAN RIVER ALL F AB INC 131.16 268448 6/16/201 I AT&T 24,667.03 268449 6/16/2011 AT&T 730.61 268450 6/16/201 I AT&T 4,364.00 268451 6/16/201 I FERGUSON ENTERPRISES INC 2,891.83 268452 6/16/2011 TREASURE COAST HOMELESS SERVICES 22,865.20 268453 6/16/201 I HUMANE SOCIETY 36,150.00 268454 6/16/201 I PUBLIX SUPERMARKETS 45.90 268455 6/16/2011 AAA COOPER TRANSPORTATION 120.75 268456 6/16/2011 INDIAN RIVER COUNTY UTILITIES 240.13 268457 6/16/2011 INDIAN RIVER COUNTY UTILITIES 1,313.76 268458 6/16/2011 TOTAL TRUCK PARTS INC 592.24 268459 6/16/201 I INTERNATIONAL GOLF MAINTENANCE 4,200.00 268460 6/16/201 I CULTURAL COUNCIL OF !RC 3,487.00 268461 6/16/2011 AQUAGENIX 281.00 268462 6/16/201 I OFFICE DEPOT BSD CUSTOMER SVC 44.58 268463 6/16/201 I WINDSOR PROPERTIES, INC 27,535.72 268464 6/16/201 I MERCEDES HOMES INC 100.00 268465 6/16/2011 !RC CHAMBER OF COMMERCE 34,736.26 268466 6/16/2011 WEST PUBLISHING CORPORATION 97.00 268467 6/16/2011 FEDERAL EXPRESS 42.32 268468 6/16/20 I I MUNIS INC 135,373.34 268469 6/16/2011 COMO OIL COMPANY OF FLORIDA 57.96 268470 6/16/2011 MILNER DOCUMENT PRODUCTS INC 61.70 268471 6/16/2011 CITY OF SEBASTIAN 22,755.62 268472 6/16/2011 PERKINS INDIAN RIVER PHARMACY 37.97 268473 6/16/201 I PRIDE ENTERPRISES 2,240.00 268474 6/16/2011 JDM ENTERPRISES OF VERO BEACH 72.50 268475 6/16/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 1,641.82 268476 6/16/201 I SCRIPPS TREASURE COAST PUBLISHING LLC 119.43 268477 6/16/2011 TIMOTHY ROSE CONTRACTING INC 102,330.00 268478 6/16/2011 CORPORATION OF THE PRESIDING BISHOP 5.50 268479 6/16/201 I FLORIDA POWER AND LIGHT 8.42 268480 6/16/2011 FLORIDA POWER AND LIGHT 15,501.81 268481 6/16/201 I SHELL CREDIT CARD CENTER 247.99 268482 6/16/2011 PUBLIC DEFENDER 3,577.92 268483 6/16/2011 ORANGEWOOD PARK APARTMENTS 344.00 268484 6/16/201 I GIFFORD YOUTH ACTIVITY CENTER 9,135.24 268485 6/16/2011 GAILE FLINN 1,787.50 268486 6/16/2011 STATE ATTORNEY 1,802.93 268487 6/16/201 I NEW HORIZONS OF THE TREASURE COAST 25,277.33 268488 6/16/201 I WASTE MANAGEMENT INC 386.55 268489 6/16/20 I I SUNSHINE STA TE ONE CALL OF FL INC 1,206.23 268490 6/16/201 I CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,412.86 268491 6/16/2011 LANGUAGE LINE SERVICES INC 282.49 268492 6/16/2011 STRUNK FUNERAL HOMES 300.00

2 5

CHECKNBR CK DATE VENDOR AMOUNT 268493 6/16/2011 MEDICARE PART B FINANCIAL SERVICES 356.62 268494 6/16/2011 CRJSLIP GLASS INC 399.00 268495 6/16/201 l FLORJDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 268496 6/16/20 l l FLORJDA DEPT OF ENVIRONMENTAL PROTECTION 550.00 268497 6/16/2011 FLORJDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 268498 6/16/2011 FLORJDA DEPT OF ENVIRONMENTAL PROTECTION 35.00 268499 6/16/2011 HOMELESS FAMILY CENTER INC 1,012.15 268500 6/16/201 l UNITED HEAL TH CARE INS COMPANY 288.90 268501 6/16/2011 GERALD A YOUNG SR 150.00 268502 6/16/201 l VENETIAN APARTMENTS OF VERO BEACH 568.00 268503 6/16/2011 PITNEY BOWES INC 210.00 268504 6/16/2011 ALAN C KAUFFMANN 120.00 268505 6/16/2011 GK ENVIRONMENTAL INC 3,784.00 268506 6/16/201 l THE FLORJDA BAR 340.00 268507 6/16/2011 THE FLORJDA BAR 300.00 268508 6/16/2011 THE FLORJDA BAR 150.00 268509 6/16/2011 THE FLORJDA BAR 150.00 268510 6/16/2011 FRED FOX ENTERPRJSE INC 6,250.00 268511 6/16/2011 RONALD PRJCE 5,772.00 268512 6/16/201 l WESTSIDE REPROGRAPHICS OF VERO BEACH INC 56.16 268513 6/16/2011 BLUE CROSS BLUE SHIELD 1,071.86 268514 6/16/2011 BANK OF NEW YORK 540.00 268515 6/16/20 l l ADVANCED XEROGRAPHICS-IMAGING 15,366.83 268516 6/16/2011 TIM GEIB 80.00 268517 6/16/2011 BRIDGE DESIGN ASSOCIATES INC 1,440.45 268518 6/16/2011 ISLAND TITLE AGENCY LLC 20,000.00 268519 6/16/2011 ISLAND TITLE AGENCY LLC 15,000.00 268520 6/16/2011 ISLAND TITLE AGENCY LLC 7,000.00 268521 6/16/2011 VERO CLUB PARTNERS LTD 603.00 268522 6/16/2011 C & C ELECTRJC WORKS INC 2,149.00 268523 6/16/2011 STANLEY CRAWFORD 14,73 268524 6/16/2011 RUSSELL PAYNE INC 249.28 268525 6116/2011 FLAGLER CONSTRUCTION EQUIPMENT LLC 241.14 268526 6/16/2011 MICHELE LIVINGSTON 50,00 268527 6/16/2011 KB HOME TREASURE COAST 101.27 268528 6/16/2011 JEAN PETERS 40.00 268529 6/16/2011 CINTAS CORPORATION NO 2 765.00 268530 6/16/2011 VAN WAL INC 608,00 268531 6/16/201 l GOVERNMENT EMPLOYEES HOSPITAL ASSOC 70.66 268532 6/16/2011 THE CLEARJNG COMPANY LLC 1,880.00 268533 6/16/2011 FLORJDA RURAL LEGAL SERVICES INC 2,295.46 268534 6/16/201 l GRESSCOLTD 2,424.05 268535 6/16/2011 SOUTHERN JANITOR SUPPLY INC 182.49 268536 6/16/2011 PAK MAIL CENTER 57.98 268537 6/16/2011 CENTRAL PUMP & SUPPLY INC 107.48 268538 6/16/2011 UNITED FOR FAMILIES 136,67 268539 6/16/2011 MASTELLER & MOLER INC 6,226.35 268540 6/16/2011 DICKERSON FLORIDA INC 56,706.59 268541 6/16/2011 FIGHTING INDIANS BAND BOOSTER 130.00 268542 6/16/2011 BEACHLAND CLEANING SERVICE 1,078.00 268543 6/16/2011 HARCROS CHEMICALS, INC. 5,770.00 268544 6/16/2011 GLOVER OIL COMPANY INC 26,4I5.84 268545 6/16/2011 LARRY STEPHEN FAISON 60.00 268546 6/16/2011 JOERJVERA 60.00 268547 6/16/201 l DANE PFARR 120,00 268548 6/16/2011 DORISHEMO 98.15 268549 6/16/2011 DAVID ADAM CLETZER 373,00 268550 6/16/2011 JOHNFBAER 4,401.00 268551 6/16/2011 JOHNFBAER 18,79 268552 6/16/2011 OCE' NORTH AMERICA INC 462.60

3 6

CHECKNBR CK DATE VENDOR AMOUNT 268553 6/16/2011 BLUE CROSS BLUE SHIELD 175.55 268554 6/16/2011 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,878.10 268555 6/16/2011 KENNY CAMPBELL JR 260.00 268556 6/16/2011 OPPENHEIMER, JOHN 103.54 268557 6/16/2011 STEVEN CHILBERG 1,002.43 268558 6/16/201 I KEY EQUIPMENT FINANCE INC 150.17 268559 6/16/2011 WHEELABRATOR RIDGE ENERGY INC 3,987.35 268560 6/16/201 l COMMUNICATIONS BROKERS & CONSULTANTS INC 8.40 268561 6/16/2011 VALOR CORPORATION OF FLORIDA 4,818.60 268562 6/16/201 I JAN MASON 2,191.00 268563 6/16/2011 AIRVAC INC 46.73 268564 6/16/201 I MARY COLLIS 70.00 268565 6/16/2011 KATHLEEN LEES 2.71 268566 6/16/20 l 1 GIS INFORMATION SYSTEMS INC 345.00 268567 6/16/201 I ARTISTIC FIRST FLORIST 62.95 268568 6/16/20 ll GLOBALSTAR USA 59.79 268569 6/16/2011 POLICASTRO & LEROUX PA 55.50 268570 6/16/2011 LOST TREE PRESERVE LLLP 4,106.78 268571 6/16/2011 BLAIR BURNS 500.00 268572 6/16/201 I AMERIMARK INC 943.00 268573 6/16/2011 LUCILENE SANTOS 240.00 268574 6/16/2011 CANNON WATER TECHNOLOGY INC 821.67 268575 6/16/2011 THE PLACE AT VERO BEACH 13 .9-7 268576 6/16/2011 UNIFORM SHOP 37.14 268577 6/16/2011 SALT OF THE EARTH MINISTRY INC 2,025.85 268578 6/16/2011 AMERICAN WIRE GROUP 2,223.00 268579 6/16/2011 TREASURE COAST FOOD BANK INC 13.50 268580 6/16/2011 AUTO PARTNERS LLC 656.46 268581 6/16/2011 AQUIFER MAINTENANCE & PERFORMANCE 4,898.00 268582 6/16/2011 YEAGER & BOYD PUBLIC HOUSING CONSULTANTS 1,500.00 268583 6/16/2011 KRISTIN JIRUSKA 31.53 268584 6/16/2011 TRITELINC 49.50 268585 6/16/2011 HOYT C MURPHY INC REAL ESTA TE 73.58 268586 6/16/2011 CENTEX HOMES SE FLORIDA 218.88 268587 6/16/2011 MEG-LENN KELLEY 33,85 268588 6/16/2011 MCALHANY CONSTRUCTION CO INC 32,715.00 268589 6/16/2011 HFBLLC 8.50 268590 6/16/2011 CUB SCOUT PACK 499 · 150.00 268591 6/16/2011 SANDY ARACENA 120.00 268592 6/16/2011 VAN HORN REALTY LLC 6.68 268593 6/16/2011 THATCHER CHEMICAL OF FLORIDA 11,441.60 268594 6/16/2011 ROBIN MILLER 41.00 268595 6/16/2011 WILLIAM C CARROLL 151.68 268596 6/16/2011 INDIAN RIVER SURVEY INC 3,565.00 268597 6/16/2011 HOWELL SHOOTING SUPPLIES INC 2,232.70 268598 6/16/2011 TAPCO UNDERWRITERS INC 3,407.42 268599 6/16/2011 S & S AUTO PARTS 1,592.17 268600 6/16/20 I 1 DAVID WALSH & ASSOC 605.00 268601 6/16/2011 NIC MANAGEMENT LLC 223.60 268602 6/16/2011 EAST COAST ANIMAL MEDICAL CENTER 28.00 268603 6/16/2011 DANIELLE CARTOLARO 700.00 268604 6/16/2011 DILLARD, VIRGINIA 6.03 268605 6/16/2011 HYDRA SERVICE INC 3,677.31 268606 6/16/201 I ALWAYS ON TIME ENTERPRISES INC 1,011.76 268607 6/16/2011 JUSTIN BAKER 270.00 268608 6/16/20 ll MDT PERSONNEL LLC 7,542.98 268609 6/16/201 I BEZAK, LISA 100.00 268610 6/16/2011 ATLANTIC COASTAL LAND TITLE LLC 100.00 268611 6/16/2011 ACCUTECH INSTRUMENTS INC 79.60 268612 6/16/2011 MIGUEL RIOS 40.00

4 7

CHECKNBR 268613 268614 268615 268616 268617 268618 268619 268620 268621 268622 268623 268624 268625 268626 268627 268628 268629 268630 268631 268632 268633 268634 268635 268636 268637 268638 268639 268640 268641 268642 268643 268644 268645 268646 268647 268648 268649 268650 268651 268652 268653 268654 268655 268656

Grand Total:

CK DATE 6/16/201 I 6/16/201 I 6/16/201 I 6/16/201 I 6/16/2011 6/16/2011 6/16/2011 6/16/2011 6/16/201 I 6/16/20 I I 6/16/201 I 6/16/2011 6/16/2011 6/16/2011 6/16/2011 6/16/2011 6/16/201 I 6/16/2011 6/16/201 I 6/16/2011 6/16/2011 6/16/201 I 6/16/2011 6/16/2011 6/16/2011 6/16/2011 6/16/201 I 6/16/20 I I 6/16/201 I 6/16/2011 6/16/2011 6/16/201 I 6/16/2011 6/16/2011 6/16/2011 6/16/2011 6/16/201 I 6/16/201 I 6/16/2011 6/16/2011 6/16/201 I 6/16/2011 6/16/201 I 6/16/201 I

VENDOR DANIEL SCHACHT STERLING WATER TECHNOLOGIES LLC KEMPER BUSINESS SYSTEMS TREASURE COAST MOTOR CYCLE CENTER INC REMINGTON ARMS COMPANY INC GMAC MORTGAGE LLC DIEGORJOS AURORA LOAN SERVICES LLC DAVID WOODS MUELLER CO LTD GUETTLER BROTHERS CONSTRUCTION LLC MC CAULEY, BARBARA BARRY TRAMMELL JULIE NORMAN STEVEN A ABBOND DISTANCE MATTERS INC KELLY PETERSON THOMAS F SCOTT JUDITH BRIGGS HENDRY & COMPANY PA TRAY CLAYTOR CHAD HOMES INC GLEN l>..ANAN · JOANNE D GRYMES MARTHARJOS CHARITY GRUWELL JENNIFER JOHNSON ROXY LARABIE JENNIFER MAZUR TC XPERIENCE GUIDE COLLEGE PARK APARTMENTS ROBERT DAY CHARLES BENISCH HILDE BABIN TOWN OF WEST HARTFORD ALTA PENDLETON SHERIAN SMITH WORLD INSURANCE COMP KENNETH DERREL WESENBERG PNC BANK NA TRS RECOVERY SERVICES INC WILLIAM HODGES FLOYD MATTOON BOYD HOGUE

AMOUNT 200.00

19,202.64 5.12

265.90 1,688.68

26.42 40.00 23.37 10.50

297.26 559,664.28

37.14 120.00 120.00 120.00 350.00 300.00

4,528.57 11.56

11,200.00 23.63 73.58 60.00

100.15 35.00 50.00 50,00 50.00 50.00

384.00 599.00

85,03 362.00

85.03 85.02 91.90

7.62 62.97

400.00 244.80 145.78 87.78 91.90 39.15

1,581,186.58

5 8

CHECKNBR 1488 1489 1490 1491 1492 1493 1494 1495 1496

Grand Total:

CK DATE 6/10/2011 6/10/2011 6/10/201 I 6/10/20 I I 6/10/20 l l 6/13/201 l 6/13/2011 6/15/2011 6/16/201 I

WIRES SENT

VENDOR FLORIDA LEAGUE OF CITIES, INC NA CO/SOUTHEAST ICMA RET CORP ICMA RETIREMENT CORPORATION FLSDU BANK OF AMERICA IRS-PAYROLL TAXES RANGER CONSTRUCTION IND INC ATLANTIC COASTAL LAND TITLE LLC

AMOUNT 3,337.27

20,936.96 1,965.00

2l,167.8I 7,387.79

27,176.67 384,766.01

55,684.61 114,213.50 636,635.62

9

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: June 23, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES June 17, 2011 to June 23, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of June 17, 2011 to June 23, 2011.

Attachment:

DB:MS

10

CHECKS WRITTEN

CHECKNBR CK DATE VENDOR AMOUNT 268657 6/17/2011 HOMELESS FAMILY CENTER INC 6,000.00 268658 6/17/2011 TAPCO UNDERWRITERS INC 1,265.21 268659 6/17/2011 UT REFUNDS 23.15 268660 6/17/2011 UT REFUNDS 157.63 268661 6/17/2011 UT REFUNDS 5.35 268662 6/17/2011 UT REFUNDS 45.53 268663 6/17/2011 UT REFUNDS 194.32 268664 6/17/2011 UT REFUNDS 73.58 268665 6/17/2011 UT REFUNDS 147.16 268666 6/17/2011 UT REFUNDS 137.00 268667 6/17/2011 UT REFUNDS 50.00 268668 6/17/2011 UT REFUNDS 62.86 268669 6/17/2011 UT REFUNDS 73.58 268670 6/17/2011 UT REFUNDS 2.42 268671 6/17/2011 UT REFUNDS 28.39 268672 6/17/2011 UT REFUNDS 62.04 268673 6/17/2011 UT REFUNDS 35.74 268674 6/17/2011 UT REFUNDS 110.93 268675 6/17/2011 UT REFUNDS 68.22 268676 6/17/2011 UT REFUNDS 26.26 268677 6/1712011 UT REFUNDS 27.13 268678 6/17/2011 UT REFUNDS 26.80 268679 6/17/2011 UT REFUNDS 19.30 268680 6/17/2011 UT REFUNDS 43.17 268681 6/17/2011 UT REFUNDS 74.54 268682 6/17/2011 UT REFUNDS 45.28 268683 6/17/2011 UT REFUNDS 35.74 268684 6/17/2011 UT REFUNDS 68.22 268685 6/17/2011 UT REFUNDS 73.58 268686 6/17/2011 UT REFUNDS 105.36 268687 6/17/2011 UT REFUNDS 79.00 268688 6/17/2011 UT REFUNDS 67.61 268689 6/17/2011 UT REFUNDS 35.74 268690 6/17/2011 UT REFUNDS 52.49 268691 6/17/2011 UT REFUNDS 39.64 268692 6/17/2011 UT REFUNDS 73.58 268693 6/17/2011 UT REFUNDS 48.20 268694 6/17/2011 UT REFUNDS 66.40 268695 6/17/2011 UT REFUNDS 68.22 268696 6/17/2011 UT REFUNDS 29.04 268697 6/17/2011 UT REFUNDS 21.48 268698 6/17/2011 UT REFUNDS 73.58 268699 6/17/2011 UT REFUNDS 12.11 268700 6/17/2011 UT REFUNDS 25.48 268701 6/17/2011 UT REFUNDS 68.22 268702 G/17/2011 UT REFUNDS 13.96 268703 6/17/201 I UT REFUNDS 21.76 268704 6/17/2011 UT REFUNDS 72.67 268705 6/17/2011 UT REFUNDS 57.05 268706 6/17/2011 UT REFUNDS 108.49 268707 6/17/2011 UT REFUNDS 44.76 268708 6/17/2011 UT REFUNDS 33.85 268709 6/17/201 I UT REFUNDS 14.91 268710 6/17/2011 UT REFUNDS 40.41 268711 6/17/2011 UT REFUNDS 1 l.41 268712 6/17/2011 UT REFUNDS 7.37 268713 6/17/2011 UT REFUNDS 39.50 268714 6/17/2011 UT REFUNDS 27.13

11

CHECKNBR CK DATE VENDOR AMOUNT 268715 6/17/2011 UT REFUNDS 42.32 268716 6/17/2011 UT REFUNDS 60.38 268717 6/17/2011 UT REFUNDS 44.76 268718 6/17/2011 UT REFUNDS 22.76 268719 6/17/2011 UT REFUNDS 62.86 268720 6/17/2011 UT REFUNDS 19.07 268721 6/17/2011 UT REFUNDS 64.57 268722 6/17/2011 UT REFUNDS 28.52 268723 6/17/2011 UT REFUNDS 13.96 268724 6/17/2011 UT REFUNDS 20.12 268725 6/17/2011 UT REFUNDS 73.58" 268726 6/17/2011 UT REFUNDS 23.07 268727 6/17/2011 UT REFUNDS 68.22 268728 6/17/2011 UT REFUNDS 39.94 268729 6/17/2011 UT REFUNDS 40.41 268730 6/17/2011 UT REFUNDS 55.10 268731 6/17/2011 UT REFUNDS 24.22 268732 6/17/2011 UT REFUNDS 19.23 268733 6/17/2011 UT REFUNDS 34.39 268734 6/17/2011 UT REFUNDS 100.00 268735 6/17/2011 UT REFUNDS 24.53 268736 6/17/2011 UT REFUNDS 6.91 -268737 6/17/201-1 UT REFUNDS 40.41 268738 6/17/2011 UT REFUNDS 7.45 268739 6/17/2011 UT REFUNDS 44.83 268740 6/17/2011 UT REFUNDS 153.58 268741 6/17/2011 UT REFUNDS 11. 71 268742 6/17/2011 UT REFUNDS 11.39 268743 6/17/2011 UT REFUNDS 39.32 268744 6/17/2011 UT REFUNDS 17.40 268745 6/17/2011 UT REFUNDS 6.35 268746 6/17/2011 UT REFUNDS 35.74 268747 6/17/2011 UT REFUNDS 57.49 268748 6/17/2011 UT REFUNDS 71.76 268749 6/17/2011 UT REFUNDS 45.46 268750 6/17/2011 UT REFUNDS 23.12 268751 6/17/2011 UT REFUNDS 34.39 268752 6/17/2011 UT REFUNDS 28.61 268753 6/17/2011 UT REFUNDS 28.60 268754 6/17/2011 UT REFUNDS 44.76 268755 6/17/2011 UT REFUNDS 18.97 268756 6/17/2011 UT REFUNDS 33.96 268757 6/17/2011 UT REFUNDS 68.22 268758 6/17/2011 UT REFUNDS 62.42 268759 6/22/2011 ILLINOIS STA TE DISBURSEMENT UNIT 142.32 268760 6/22/2011 CHAPTER 13 TRUSTEE 306.48 268761 6/22/2011 V B FIREFIGHTERS ASSOC 6,150.00 268762 6/22/2011 IR FEDERAL CREDIT UNION 47,327.19 268763 6/22/2011 UNITED WAY OF INDIAN RIVER COUNTY 1,243.88 268764 6/22/2011 TEAMSTERS LOCAL UNION #769 5,865.00 268765 6/22/2011 CALIFORNIA STA TE DISBURSEMENT UNIT 120.92

"268766 6/22/2011 MISDU MICHIGAN STATE 478.85 268767 6/22/2011 BOARD OF COUNTY COMMISSIONERS 150.00 268768 6/22/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 192.03 268769 6/22/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 194.65 268770 6/22/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 108.62 268771 6/22/2011 OHIO CHILD SUPPORT 235.39 268772 6/22/2011 AMERICAN HEART ASSOC 4.00 268773 6/22/2011 ROLFE&LOBELLO,P.A. 580.19 268774 6/22/2011 ADREU,PALMA&ANDREU 519.38

2 12

CHECKNBR CK DATE VENDOR AMOUNT 268775 6/23/2011 EVERGLADES FARM EQUIPMENT CO INC 3,374.70 268776 6/23/2011 CLEMENTS PEST CONTROL 577.00 268777 6/23/2011 PORT CONSOLIDATED INC 750.20 268778 6/23/2011 PRAXAIR DISTRIBUTION SOUTHEAST LLC 28.64 268779 6/23/2011 JORDAN MOWER INC 428.53 268780 6/23/2011 INDIAN RIVER AUTO PARTS LLC 109.00 268781 6/23/2011 INDIAN RIVER AUTO PARTS LLC 6.30 268782 6/23/2011 VERO CHEMICAL DISTRIBUTORS INC 249.90 268783 6/23/2011 COPYCO INC DBA 23.65 268784 6/23/2011 IKON OFFICE SOLUTIONS 157.42 268785 6/23/2011 ALARM PARTNERS 116.34 268786 6/23/2011 VELDE FORD INC 140.74 268787 6/23/2011 SAFETY PRODUCTS INC 717.00 268788 6/23/2011 LIGHTSOURCE IMAGING SOLUTIONS LLC 95.34 268789 6/23/201 I HELENA CHEMICAL 2,880.00 268790 6/23/2011 E-Z BREW COFFEE & BOTTLE WATER SVC 74.36 268791 6/23/2011 INDIAN RIVER OXYGEN INC 2,696.50 268792 6/23/2011 KELLY TRACTOR CO 878.22 268793 6/23/2011 COCA COLA REFRESHMENTS USA INC 576.76 268794 6/23/201 I REPUBLIC SERVICES OF FL LP 442,686.68 268795 6/23/2011 REPUBLIC SERVICES OF FL LP 1;980.68 268796 6/23/2011 DEMCOINC 67.11 26879'7 6/23/2011 MY RECEPTIONIST INC 355.47 268798 6/23/2011 VERO LAWNMOWER CENTER INC 43.33 268799 6/23/2011 F&WMEDIAINC 76.08 268800 6/23/2011 THE GALE GROUP 543.45 268801 6/23/201 I DAVIDSON TITLES INC 1,217:02 268802 6/23/2011 MIKES GARAGE & WRECKER SERVICE INC 55.00 268803 6/23/2011 APPLE INDUSTRIAL SUPPLY CO 190.83 268804 6/23/2011 HACH CO 182.59 268805 6/23/2011 LAB SAFETY SUPPLY 3,751.54 268806 6/23/2011 PLA YCORE HOLDINGS INC 46,247.28 268807 6/23/2011 ALLIED ELECTRONICS INC 69.81 268808 6/23/2011 SLP INVESTMENTS INC 139.98 268809 6/23/2011 WATER SAFETY PRODUCTS 902.00 268810 6/23/2011 GALLS AN ARAMARK CO 106.99 268811 6/23/2011 HD SUPPLY WATERWORKS, LTD 2,258.67 268812 6/23/2011 SCHULKE BITTLE & STODDARD LLC 3,200.00 268813 6/23/2011 EGPINC 111.20 268814 6/23/2011 VERO INDUSTRIAL SUPPLY INC 1,119.10 268815 6/23/201 I DVM ENTERPRISES INC LLC 32.67 268816 6/23/2011 FLORIDA VETERINARY LEAGUE 29.00 268817 6/23/2011 TIRESOLES OF BROWARD INC 267.76 268818 6/23/2011 FIRESTONE COMPLETE AUTO CARE 333.76 268819 6/23/2011 LYRASIS 365.99 268820 6/23/2011 ABCO GARAGE DOOR CO INC 1,956.50 268821 6/23/201 I J F MEYERS GENERAL CONTRACTOR LLC 14,208.00 268822 6/23/2011 XEROX CORP SUPPLIES 181.30 268823 6/23/2011 GENERAL PART INC 2,639.11 268824 6/23/2011 GOODYEAR AUTO SERVICE CENTER 357.21 268825 6/23/2011 BAKER&TAYLORINC 993.80 268826 6/23/2011 MIDWEST TAPE LLC 18.38 268827 6/23/201 I HARRIS SANITATION INC 75,070.45 268828 6/23/2011 RECORDEDBOOKSLLC 99.00 268829 6/23/2011 ARAMARK UNIFORM SERVICES 293.69 268830 6/23/2011 LOWES CO INC 1,069.46 268831 6/23/2011 ODYSSEY MANUFACTURING CO 3,714.06 268832 6/23/2011 PRECISION CONTRACTING SERVICES INC 543.95 268833 6/23/2011 PRECISION CONTRACTING SERVICES INC 11,071.30 268834 6/23/2011 JOHNSON CONTROLS INC 795.00

3 13

CHECKNBR CK DATE VENDOR AMOUNT 268835 6/23/2011 SOUTHERN COMPUTER WAREHOUSE 2,514.19 268836 6/23/20 I I ENCORE BROADCAST EQUIPMENT SALES 8,491.50 268837 6/23/2011 FIRST HOSPITAL LABORA TORJES INC 104.25 268838 6/23/201 l PALM TRUCK CENTERS INC 2,190.46 268839 6/23/201 l OFFICE PRODUCTS & SERVICES INC 359.80 268840 6/23/201 l DEERE & COMPANY 1,488.88 268841 6/23/2011 GO COASTAL INC 285.00 268842 6/23/201 l SEBASTIAN OFFICE SUPPLY CO 17.95 268843 6/23/2011 COMMUNITY ASPHALT CORP 140,460.14 268844 6/23/201 l COMMUNITY ASPHALT CORP 3,495.60 268845 6/23/201 I HBELINC 273.00 268846 6/23/2011 SUMMIT CONSTRUCTION MANAGEMENT INC 172,728.20 268847 6/23/2011 CITY OF VERO BEACH 388.11 268848 6/23/20 l l CITY OF VERO BEACH 56,710.00 268849 6/23/2011 CITY OF VERO BEACH 4,097.72 268850 6/23/201 I CITY OF VERO BEACH 242.45 268851 6/23/2011 APPLE MACHINE & SUPPLY CO 553.02 268852 6/23/2011 LSQ FUNDING GROUP LC 2,080.80 268853 6/23/201 l INDIAN RJVER ALL FAB INC 408.00 268854 6/23/2011 AT&T 11,551.35 268855 6/23/2011 AT&T 259.41 268856 6/23/201 l AT&T 1,858.69 268857 6/23/201 l AT&T 2,928.55 268858 6/23/2011 AM ENGINEERJNG 3,620.00 268859 6/23/2011 UNITED PARCEL SERVICE INC 126.98 268860 6/23/20 l l FERGUSON ENTERPRJSES INC 9,049.57 268861 6/23/201 l INDIAN RJVER COUNTY SHERJFF 4,393.46 268862 6/23/201 I UNITED STATES POSTAL SERVICE 20,000.00 268863 6/23/2011 B/C BIS OF FL ADM FEE 8,679.75 268864 6/23/201 l 1 RC HEAL TH INSURANCE - TRUST 40,968.81 268865 6/23/201 l JANITORJAL DEPOT OF AMERJCA INC 2,413.86 268866 6/23/20 l l TREASURE COAST HOMELESS SERVICES 45,714.52 268867 6/23/2011 PUBLIX SUPERMARKETS 9.17 268868 6/23/2011 PUBLIX SUPERMARKETS 58.95 268869 6/23/2011 INDIAN RJVER COUNTY UTILITIES 19,582.55 268870 6/23/2011 ACUSHNET COMPANY 332.22 268871 6/23/201 l AQUAGENIX 91.00 268872 6/23/2011 DUMONTCOMPANY,INC 882.00 268873 6/23/2011 OFFICE DEPOT BSD CUSTOMER SVC 3,080.47 268874 6/23/2011 FEDERAL EXPRESS 90.02 268875 6/23/2011 FEDERAL EXPRESS 25.54 268876 6/23/201 I ELIZABETH MARTIN 25.00 268877 6/23/201 I PERKINS INDIAN RJVER PHARMACY 114.96 268878 6/23/2011 SPRJNT SPECTRUM LP 1,000.11 268879 6/23/2011 SPRJNT SPECTRUM LP 195.68 268880 6/23/2011 SPRJNT SPECTRUM LP 252.00 268881 6/23/2011 SPRJNT SPECTRUM LP 33.22 268882 6/23/201 l PRJDE ENTERPRJSES 27.65 268883 6/23/2011 SCRJPPS TREASURE COAST PUBLISHING LLC 400.38 268884 6/23/201 I SCRJPPS TREASURE COAST PUBLISHING LLC 374.76 268885 6/23/201 l TIMOTHY ROSE CONTRACTING INC 168.32 268886 6/23/201 l TRAFFIC PARTS INC 195.00 268887 6/23/201 I CORPORATION OF THE PRESIDING BISHOP 34.05 268888 6/23/2011 FLORJDA POWER AND LIGHT 34.59 268889 6/23/2011 FLORJDA POWER AND LIGHT 132,854.03 268890 6/23/2011 MIKE CLIFFORD 300.00 268891 6/23/20 l I BLUE CROSS & BLUE SHIELD of FLORJDA 1,778.80 268892 6/23/2011 LYNN WALSH 80.46 268893 6/23/2011 STRUNK FUNERAL HOMES 300.00 268894 6/23/2011 FLORJDA DEPT OF ENVIRONMENTAL PROTECTION · 75.00

4 14

CHECKNBR CK DATE VENDOR AMOUNT 268895 6/23/2011 AGENCY FOR HEALTH CARE ADMIN 161,407.35 268896 6/23/2011 GERALD A YOUNG SR 150.00 268897 6/23/2011 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 268898 6/23/2011 RANGE ROAD MINE LLC 2,467.50 268899 6/23/2011 ALAN C KAUFFMANN 120.00 268900 6/23/2011 TREASURE COAST MARINE OF VERO INC 340.00 268901 6/23/2011 GK ENVIRONMENTAL INC 9,863.06 268902 6/23/2011 THE FLORIDA BAR 340.00 268903 6/23/2011 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 465.50 268904 6/23/2011 ADVANCED XEROGRAPHICS IMAGING 1,341.51 268905 6/23/2011 TIM GEIB 80.00 268906 6/23/2011 DONADIO AND ASSOCIATES ARCHITECTS 2,585.41 268907 6/23/2011 PINNACLE GROVE LTD 233.00 268908 6/23/2011 VERO CLUB PARTNERS LTD 482.00 268909 6/23/2011 SYMETRA LIFE INSURANCE COMPANY 2,498.79 268910 6/23/2011 MIDWEST MOTOR SUPPLY CO 339.08 268911 6/23/2011 ECONOLITE CONTROL PRODUCTS INC 1,900.00 268912 6/23/2011 CONSOLIDATED RESOURCE RECOVERY INC 56,920.71 268913 6/23/201 I VALERIE LEMONS 205.86 268914 6/23/2011 MICHAEL QUIGLEY 190.00 268915 6/23/2011 HULETT ENVIRONMENTAL SERVICES 75.00 268916 6/23/2011 FLAGLER CONSTRUCTION EQUIPMENT LLC 7,225.82 268_917 6/23/2011 WILLIAM SHANDOR 30.00 268918 6/23/201 I CELICO PARTNERSHIP 2,764.95 268919 6/23/2011 DAVID AND PATRICIA CONDON 591.00 268920 6/23/2011 JEAN PETERS 200.00 268921 6/23/2011 HYDROMENTIA 4,650.00 268922 6/23/2011 SYNAGRO SOUTH LLC 87,854.95 268923 6/23/2011 RANDOM HOUSE INC 68.00 268924 6/23/2011 SOUTHERN JANITOR SUPPLY INC 1,044.96 268925 6/23/2011 JOHN A CAPPELLO 367.00 268926 6/23/2011 CENTRAL PUMP & SUPPLY INC 39.82 268927 6/23/2011 TRI-STA TE PUMP INC 852.50 268928 6/23/2011 CAPITAL OFFICE PRODUCTS 524.45 268929 6/23/2011 DICKERSON FLORIDA INC 3,124.27 268930 6/23/2011 HARCROS CHEMICALS, INC. 7,248.50 268931 6/23/2011 GLOVER OIL COMPANY INC 81,287.19 268932 6/23/2011 THERMO-KING OF FT PIERCE 342.84 268933 6/23/2011 LARRY STEPHEN FAISON 60.00 268934 6/23/2011 C W NIELSEN MFG CORP 474.00 268935 6/23/2011 JOHN DEERE LANDSCAPE 335.44 268936 6/23/201 I JOE RIVERA 100.00 268937 6/23/2011 DANE PFARR 160.00 268938 6/23/2011 UNITED MEDICAL INDUSTRIES CORP 103.00 268939 6/23/2011 JACK ICE AND JAVA INC 450.00 268940 6/23/2011 LAURA WOLF 140.00 268941 6/23/2011 OCE' NORTH AMERICA INC 736.05 268942 6/23/2011 CRF PANTHER IX LLC 14,315.06 268943 6/23/2011 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 33.96 268944 6/23/2011 KENNY CAMPBELL JR 260.00 268945 6/23/2011 YELLOW BOOK USA 206.05 268946 6/23/2011 OSLO27LLC 1,057.54 268947 6/23/2011 MARY COLLIS 270.00 268948 6/23/2011 GIS INFORMATION SYSTEMS INC 33,079.34 268949 6/23/2011 SAINT EDWARDS SCHOOL 5,340.00 268950 6/23/20 I I AMERICAN STRATEGIC INSURANCE CORPORATION 191.00 268951 6/23/2011 INFOR GLOBAL SOLUTIONS INC 2,361.06 268952 6/23/2011 RICHARD JOHN KELLER 513.00 268953 6/23/2011 LEWIS, ROSEMARIE 70.00 268954 6/23/2011 FORE, TINA 35.00

5 15

CHECKNBR CK DATE VENDOR AMOUNT 268955 6/23/2011 RENAE CHANDLER 160.00 268956 6/23/2011 MOUNT ZION BAPTIST CHURCH 150.00 268957 6/23/2011 STANDARD LIFE INSURANCE 621.60 268958 6/23/2011 JESSE VIOLANTE TRUCKING INC 2,247.41 268959 6/23/2011 NlCOLACE MARKETING INC 1,790.00 268960 6/23/2011 ADETAYO ADELAKUN 61.87 268961 6/23/2011 TRITELINC 49.50 268962 6/23/2011 WILLIAM BOLTON . 30.00 268963 6/23/2011 THE SPIVEY GROUP INC 6,500.00 268964 6/23/2011 PAUL SMITH 121.88 268965 6/23/2011 CR GR PROPERITES LLC 400.00 268966 6/23/2011 SHELLEY STUVEN 90.00 268967 6/23/2011 HOLLIS HOIER 180.00 268968 6/23/2011 SANDY ARACENA 120.00 268969 6/23/2011 ROBIN MILLER 5.15 268970 6/23/2011 TAPCO UNDERWRITERS INC 519.61 268971 6/23/2011 TAPCO UNDERWRITERS INC 960.19 268972 6/23/2011 S & S AUTO PARTS 1,084.52 268973 6/23/2011 GUARDIAN LOCKSMITH 138.50 268974 6/23/2011 GIRL SCOUTS OF SE FL INC 50.00 268975 6/23/2011 PIONEER MANUFACTURING 800.00 268976 6/23/2011 EAST COAST ANIMAL MEDICAL CENTER 91.00 268977 6/23/2011 FORTY FOURTH ASSOCIATES, LLC 500.00 268978 6/23/2011 JAMES G MORRILL OBA 295.00 268979 6/23/2011 CORPORATE CARE WORKS 268.95 268980 6/23/2011 LYON FINANCIAL SERVICES INV 296.09 268981 6/23/2011 POW R MOLE SALES LLC 2,917.36 268982 6/23/201 I MDT PERSONNEL LLC 6,422.40 268983 6/23/201 I PHYLLIS BROWN 126,700.00 268984 6/23/2011 DALE SORENSEN REAL ESTATE 26.42 268985 6/23/2011 ACCUTECH INSTRUMENTATION INC 15.92 268986 6/23/2011 MIGUEL RIOS 60.00 268987 6/23/2011 FAMILY COUNSELING CENTER OF BREVARD INC 150.00 268988 6/23/2011 DANIEL SCHACHT 120.00 268989 6/23/2011 ENGINEERED FLUID INC 438,749.00 268990 6/23/2011 DIEGO RIOS 60.00 268991 6/23/2011 L-SOFT INTERNATIONAL INC 280.00 268992 6/23/2011 LOIDL ENTERPRISES INC 425.00 268993 6/23/2011 STEVEN A ABBOND 160.00 268994 6/23/2011 DONALD G COMBS 495.00 268995 6/23/2011 PATRICIA STIRLING SHUKLA 250.00 268996 6/23/2011 JACQUELYN ANN MANNA 300.00 268997 6/23/2011 NANCY JENSEN 10.00 268998 6/23/2011 CHRISTIE JOHNSON 90.00 268999 6/23/2011 JEAN FELICE 25.00 269000 6/23/2011 SHAMBALA COOPER 700.00 269001 6/23/2011 SONIA SABINO 50.00 269002 6/23/201 l VERO BEACH ELEMENTARY 175.00 269003 6/23/2011 RASHAUNA DARDEN 35.00 269004 6/23/201 I KELLY PRICE 35.00 269005 6/23/201 I ROSEMARY LEDWITH 35.00 269006 6/23/2011 JANICE MISHLER 140.00 269007 6/23/2011 STEPHANIE NATHANSON 50.00 269008 6/23/201 I BOCA RA TON RESORT 330.00 269009 6/23/2011 211 PALM BEACH/TREASURE COAST INC 5,000.00 269010 6/23/201 I UT REFUNDS 66.40 2690ll 6/23/2011 UT REFUNDS 216.01 269012 6/23/2011 UT REFUNDS 42.89 269013 6/23/2011 UT REFUNDS 73.58 269014 6/23/2011 UT REFUNDS 65.82

6 16

CHECKNBR CK DATE VENDOR AMOUNT· 269015 6/23/2011 UT REFUNDS 8.74 269016 6/23/2011 UT REFUNDS . 73.58 269017 6/23/2011 UT REFUNDS 136.44 269018 6/23/2011 UT REFUNDS 68.22 269019 6/23/2011 UT REFUNDS 45.62 269020 6/23/201 I UT REFUNDS 47.17 269021 6/23/2011 UT REFUNDS 73.58 269022 6/23/20 I 1 UT REFUNDS 8.57 269023 6/23/2011 UT REFUNDS 61.51 269024 6/23/2011 UT REFUNDS 45.34 269025 6/23/2011 UT REFUNDS 26.30 269026 6/23/2011 UT REFUNDS 47.16 269027 6/23/2011 UT REFUNDS 22.01 269028 6/23/2011 UT REFUNDS 240.33 269029 6/23/20fl UT REFUNDS 17.16 269030 6/23/2011 UT REFUNDS 4.78 269031 6/23/2011 UT REFUNDS 140.21 269032 6/23/2011 UT REFUNDS 69.89 269033 6/23/2011 UT REFUNDS 16.17 269034 6/23/2011 UT REFUNDS 26.44 269035 6/23/2011 UT REFUNDS 20.74 269036 6/23/201 I UT REFUNDS 60.22 269037 6/23/2011 UT REFUNDS 10.00 269038 6/23/2011 UT REFUNDS 18.34 269039 6/23/2011 UT REFUNDS 14.50 269040 6/23/2011 UT REFUNDS 62.86 269041 6/23/2011 UT REFUNDS 26.42 269042 6/23/2011 UT REFUNDS 14.95 269043 6/23/2011 UT REFUNDS 4.89 269044 6/23/2011 UT REFUNDS 7.84 269045 6/23/2011 UT REFUNDS 82.40 269046 6/23/2011 UT REFUNDS 61.31 269047 6/23/2011 UT REFUNDS 81.93 269048 6/23/2011 UT REFUNDS 32.46 269049 6/23/2011 UT REFUNDS 73.58 269050 6/23/2011 UT REFUNDS 77.13 269051 6/23/2011 UT REFUNDS 2.02 269052 6/23/2011 UT REFUNDS 51.90 269053 6/23/2011 UT REFUNDS 68.22 269054 6/23/201 I UT REFUNDS 55.44 269055 6/23/2011 UT REFUNDS 36.94 269056 6/23/2011 UT REFUNDS 24.28 269057 6/23/2011 UT REFUNDS 188.29 269058 6/23/2011 UT REFUNDS 213.04 269059 6/23/2011 UT REFUNDS 33.41 269060 6/23/2011 UT REFUNDS 16.78 269061 6/23/2011 UT REFUNDS 53.80 269062 6/23/2011 UT REFUNDS 55.92 269063 6/23/2011 UT REFUNDS 26.44 269064 6/23/2011 UT REFUNDS 11.89 269065 6/23/2011 UT REFUNDS 38.16 269066 6/23/2011 UT REFUNDS 68.68 269067 6/23/201 I UT REFUNDS 4.38 269068 6/23/2011 UT REFUNDS 4.77 269069 6/23/2011 UT REFUNDS 9.10 269070 6/23/2011 UT REFUNDS 5.13 269071 6/23/2011 UT REFUNDS 73.58 269072 6/23/2011 UT REFUNDS 38.07 269073 6/23/2011 UT REFUNDS 29.00 269074 6/23/2011 UT REFUNDS 60.58

7 17

CHECKNBR 269075 269076

Grand Total:

CK DATE 6/23/2011 6/23/20 I I

VENDOR UT REFUNDS UT REFUNDS

AMOUNT 73.58 89.05

2,525,386.89

8 18

CHECKNBR 1497 1498 1499 1500 1501

Grand Total:

CK DATE 6/17/2011 6/17/2011 6/22/2011 6/22/2011 6/22/20 I l

WIRES SENT

VENDOR RANGER CONSTRUCTION IND INC SCHOOL DISTRICT OF IR COUNTY MILB VERO BEACH LLC BENEFITS WORKSHOP BEACHLAND CLEANING SERVICE

AMOUNT 9,700.51

35,120.08 750.00

6,672.04 45,404.53 97,647.16

19

Office if Consent Agenda 7 / 5 / 11

· INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., Oiunty Attorney William K. DeBraal, Deputy O,unty Attorney Brooke W. Odom, Assistant Oiunty Attorney

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

Alan S. Polackwich, Sr., County Att~f

William K. DeBraal, Deputy County Attorney ll}\49-June 23, 2011

LEASE BACK OF RIGHT-OF-WAY ALONG 66TH AVE BETWEEN 41 5

T STREET and 45th STREET, VERO BEACH

On February 8, 2011, the Board approved a purchase and sale agreement between the County and Delta Gamma Corp. Delta Gamma owns a 75.19 contiguous acres of property on the west side of 66th Avenue between 41 st Street and 45th Street. The County and Delta Gamma have closed on the contract for purchase of the 12.073 acres of right-of-way including a parcel for a stormwater treatment pond. No building structures lie within the area of take. Delta Gamma has asked the County to execute a simple lease allowing them to lease back the property for 12 months at no charge. The Delta Gamma Corp. were willing sellers and the County purchased the property without the need for filing suit. Since this is bare unimproved property without structures, a fair market value would be difficult to estimate, however, the County has paid $200-$700 for temporary construction easements for a similar time period.

STAFF RECOMMENDATION: Staff recommends the Board approve the attached Lease Agreement and authorize the Chairman to execute the document on behalf of the Board.

c: Raymer F. Maguire 111, Esq.

1 - Cz,, l l

20

' /

LEASE AGREEMENT

This lease entered into on this zn~day of Ju,;,~ , 2011 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and GAMMA DEL TA CORPORATION, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows:

WITNESSETH:

1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant real property located along 661h Avenue between 41 st Street and 45th Street, located in Vero Beach in the County of Indian River, Florida, more particularly described as follows:

See Exhibit "A" attached hereto.

for a term of 12 month commencing March 1, 2011 and terminating on February 29, 2012. Since no buildings or improvements are involved, consideration for this lease is included in the purchase price of the property bought by the County.

1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease with the approval of the Board of County Commissioners.

1.2 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such.

2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for uses associated with agricultural uses, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises.

3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes.

4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and

1 21

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SKETCH TO ACCOMPANY DESCRIPTION. l'blfS iS NQl A SURV~Yl .

L01:lATi(5N .MAP:. NOT TO SCALE k,: ,•

OWNER: GMIMI\ DELTA CORP.ORATION

t.EGAL.JJE$GRIPTJQN; PARCEL . {18 ./\ RORT!QN Q,f !Rt.Pt J1J~OitM ij1y(~ f~R¥§i .q9, Pi.AT Of µl'lQ,$; A~CQRDJNG TO THE .PJ,AT ThlERJi:Qlf,. fJj. REPPRO!iQ IN J?!A.T ijQQ!( J; PNiE 2;§, lW~® REGQRPS, $AINI WCIE GPUNJY, FLQRIPA, Af,L.JYJNG l'lffJ:!IN S,R'm'fQ.tj~O'. 1'Q\\'N~MIP s2 SQ~fH, AANGIS ;,9 w;r. tNDJf.N RIV&R GOlJNTXfft,QRIDA, JB!;l/iiG MQHE ?ARI!Cl/f.ARLY DESCRl1ll.ED AS F,Q~LQl'/S: . .

COMMENCE. AFTHE .~ . .J oo.•.~.f-tt. R,· .. ©f .. ,,$AID,, T, ,RA.• .•. J .. ;T,,, .. 1, l'ME.tl.,.!Ag .• :s.·.o. Pt, I;!,, b,ll,'.'0. 7'2. 3, ,; WEST,. AL.ONG THE · EAs:r· l!l!I ;(11" ggf /'), 1, f,, QlST'ANGE •Qf 3Q,b.O r~ET. TO THE 1"0I1-!'f Jill" BEGINNING . OF. $All) Pffl\;f;h Pf !ANb(i;' J .i!;¢NT1NUE'ffi~~M<{ THC~T (INE .Of ~AID 1RAGT 1, SOl/TH 0Q'.07'23" WEST, A Dlfil/lNC~ Jlf J ,g •· ,. · ... f!E[[ 1'0 J'ME SOl::HHEAST COflNER Of lBAID TRlXCT l; THENCE NORTH !l9'4],'2.3" l'/1:'.~t. A~~t:1.9 ):liE $Ql!TH PNE Qf $1\1!) JB/ICT 1, A DISTANCE OF 12.6:00 fEET TO A f'OINT ON A LINE 12&.()0 FEET WEST Of ANO PARA~LEL \l'ITH THE EAST LJNE OF SAIO TRAGT 1; THENCE At.ON• sNo ~N~At1,:t1,,J!Ns,. Nqgttt 00•0:t23" EAST, A rns1ANcE oF 1,286.12 FEE,;; THENCE NoRtH 4f§f~B' Y/E!jT, A lil!ITTANGE QF !)I.Hi fEl':T TO A P,QINT ON A .LJNE 3.Q.00 JEET SOl:/JH QF ~D PARAU1;l \'/ITH tflt NORTH LINE OF SAIO TRACT t; THENCE ALONG SAID P.!IRALLEL LINE, SOUTH sg•s:0'20· ¢Xsr. A orsrANct oF 136.Qo HET rn THE Prnm oF sEaINNING.

CONTAINING 3il41 ACRES, MORE OR LESS

~~~t P14Iffkp%tlf ~JaW&s:w~~l~NT~WE\ ~~B~J~ f~a~fo~~EI) IN OFFlCIAL RECORDS BOOK 1677,

CERTll''ICATI.ON:

~ll~t@XN~€1t~ 1tl' rrifle~g~p;i~o~~isf 1ii~~Rs~~x11i: FL~ajirri%i1~1~:An:lpt~gg, .1~ SET FORTH BY THE FlORIDA BOARO OF PR•FESSIQNAL SURVEYOR$ .~ M/IPPERS, J'!URSlJANT TOSECTIO/'J 4'72,0~'t: fl¢~1PA. JAtuTES, ANO IS TRUE A~!) CQR~tpt to Tl;IE, ~E~'r Of MX KNQW~f~QE WlJ'ijtQtr UN~ISS~ IT BEA~$ JHE SIGNATURE AN!} THE ORl\l!W)L RAIS~P SEi.\~jlF ~ .. f!;.ORlDA. Ll!}ENS{i'D S!Jij;'{©'OR

~.\·.p·;·D··~ .. A.· .. .E.R• ..... J··.•.(· LEGAL .DESCRIP.~N ~ ,_ ~ =-:::,~:::~~:1~ • •· ··.· . GRAPHIG OEP!CTION .Of THE 01;$,GRll'TIO~ SHQWN .HEREON.

···.. , ···• .. , ·· THERE HAS BEEN. NO FIELD WORK, VIEW!NP OF THE . W!UilJ • ; . 11/IN't . . . . . . . sQBJECT PROPERfi', OR MON@ENTS SEllN CON.N~CTION PRdFESS[Ol'lAL DINO SURVfXOR AND MAPPER WITH .1'.M( JR~PA&\TIQN Of rnE !N,F.9flt#<Tl9N S,W')WN qctNst foiti'. 4tsb, srATE oF RORJDA ~~gfcr~&1f:6t~fiTR1~fi:l~~~~!f!w~?\No DATE: 1/2/07 . . . REV !l/29/08 . S"§EMENTS. OF fiEC:QRil. . . . ' . . .

}

SKETCH TO ACCQMPANY PESCRJPTIQN. THIS IS NOT A SURVp'.!

l;f;GENP:. SEE · SHEET 3 OF .4

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""".;'& ~m;mtr.,1r ' s~"~:r .,. '~ . . .. . . . . . . . . N44' 151 2a,w SHEET 4 OF 4' OX! NORTH UN~ .OF SECTION 30.,32~.39 14.15' ' ... . .-. . •[{!.

N!i9'50'20"W 531.6.57' · ·- · NORTH LINE·. OF TR/ICT 1

t OWNER: E" 6AMMA 0.ELTA C.ORPORATION . r--.

~ i ~ . . . . . . 59'. R/W PJR ~ATE Qf FLO~IQA 8

·80' ~1--50'-r~ ~ Lo. 0

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(;OlJNlY ·R.OAD 615, 66111 AVENUE · -~ ---- _;

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PR(}JECT ~1u1,mrn

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10535D118

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TJ1AT P-0Rl'llifi. OR MNO 'BEJ@. rni;: ™r 121);.QO f[Ei .M!Q. J\JE N0Rtti ,Mo f~8t .or JliE S<iUJ!l 100.00 f[tl' QI' .. IB.• .l .. ;. /~T '.'g)i .AC .•. :R.· ~.;$ J)f Tf¼ ... er .. ll· .• ·. I NOIAN 'll .. lV•R. JA.aMS.J;U. ·.; e··· lJI· ··•·J· '!)f .. \ANOS.f,ACt•~OING .• TO lHE l'V\TTaEREOf 'Ni, REI\QROED [Ii PlAT .BOQK 2 J1AG€.25i PUBllC REeORDS, SAINT ~~Gig ;cQUNIY,, . f~®~i@f P,,\.L 'W(Jt{G WITHiN ~ECTION 30, TOWNSHIP 32 SOIJ!H, RA.NGE 39 £AST; JNOIAN RiVER COUNTY,

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J:OG@sR V/ffH THAT l:'ORT,iOt,i OF s,o)D TflACJ ·8 BEIN.G J;llRE PARflCULN1~Y OESC(!IBED Afl:

aF;GIN, A!'TH[,, f!Ot~r QF 1NI[8$(:C:JIQN Pf THE WEST, LINE Qf WE, EAST 1}MOJE£J 9F .. SAIP TflA.QT. a. ANQ TH~"~QRtR Ut'IE (ff 1t!g •$QlJJH l(}!l.~: fF£J . .OF SAID JRACT8; 11/st!PE NOR)H .89'4f26'WEST, ALONG S!'J)i J'l@Tl[IJN!ei 'A Q.l~f,WC~ OF 4Q,.l2 fEEfi JHet;aE NQgTJ,t wn:zr &\ST, A. OISTl\t!CE .OF 56(~5. f!:Ef: JfJEt{C}; $0():rtf OQ

1(!7'23• WEST, ALON.G SNO YIE$T tlNE, A OIST#ICE cDF (0.12 FEET TO THE POINT

OF 8EG.1NNIN.G.

CONTAIN!~() 4&?.2 ACRES, M0RE OR LESS

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LEGEND: R,Q,¢, ,- POINT OF coM/;iENCEMEITT ~Je:. P&¥'fo§~ eE01~N11:10

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. I OWNBR:

GAfi!MiX QELTA CORPORATlON

30

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33

CONSENT: 7/5/11 Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attomey William K DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissioners P li$J

Alan S. Polackwich, Sr. - County Att~rney

June 29, 2011

Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 20, 2011, through and including August 15, 2011, and August 17, 2011, through and including September 5, 2011

The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 20, 2011, through and including August 15, 2011, and then again on August 17, 2011, through and including September 5, 2011. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the Assistant County Administrator, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator, the Assistant County Administrator, and the Emergency Services Director the authority to execute all other documents necessary for the proper functioning of the County. In Resolution No. 2010-097, the Board delegated the authority to sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith, to the County Administrator, or his designee. Resolution No. 2010-097 remains in full force and effect.

Requested Action:

Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 20, 2011, through and including August 15, 2011, and also commencing August 17, 2011, through and including September 5, 2011, respectively.

/nhm Attachments

COUNTY ATTORNEY

Admln.

Legal

Budget

Rlak Mgr. 34

RESOLUTION NO. 2011-__

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR THE ASSISTANT COUNTY ADMINISTRATOR TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 20, 2011, THROUGH AND INCLUDING AUGUST 15, 2011, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR, AND THE EMERGENCY SERVICES DIRECTOR THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 20, 2011, THROUGH AND INCLUDING AUGUST 15, 2011.

WHEREAS, at the November 16, 2010 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 20, 2011, through and including August 15, 2011; -

WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners;

WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of subdivision improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security;

WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit;

WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Emergency Services Director; and

WHEREAS, pursuant to Resolution No. 2010-097 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to Joseph A. Baird, Indian River County Administrator and Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2009); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2010-097 remains in full force and effect.

35


NOW, THEREFORE, E3E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The County Administrator and his designee, the Assistant County Administrator, are hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 20, 2011, through and including August 15, 2011. Any resolutions executed by the County Administrator or the Assistant County Administrator to call letters of credit during the period commencing July 20, 2011, through and including August 15, 2011, are to be accompanied by a copy of this Resolution.

2. The County Administrator, the Assistant County Administrator, and the Emergency Services Director are authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 20, 2011, through and including August 15, 2011, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification.

3. The Effective Date of this Resolution is July 20, 2011, and this Resolution shall expire without further action of this Board at the close of business on August 15, 2011.

This Resolution was moved for adoption by Commissioner ------~ and the motion was seconded by Commissioner------~ and, upon being put to a vote, the vote was as follows:

Chairman Bob Solari Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of July, 2011. .

Attest: J. K. Barton, Clerk

By __ ----:=------,--,c,-----,-----Deputy Clerk

2

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By _______ ~------Bob Solari, Chairman

36


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR THE ASSISTANT COUNTY ADMINISTRATOR TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 17, 2011, THROUGH AND INCLUDING SEPTEMBER 5, 2011, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR, AND THE EMERGENCY SERVICES DIRECTOR THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 17, 2011, THROUGH AND INCLUDING SEPTEMBER 5, 2011.

WHEREAS, at the November 16, 2010 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 17, 2011, through and including September 5, 2011; ·

WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners;

WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of subdivision improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security;

WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit;

WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Emergency Services Director; and

WHEREAS, pursuant to Resolution No. 2010-097 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to Joseph A. Baird, Indian River County Administrator and Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2009); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2010-097 remains in full force and effect.

37


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The County Administrator and his designee, the Assistant County Administrator, are hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 17, 2011, through and including September 5, 2011. Any resolutions executed by the County Administrator or the Assistant County Administrator to call letters of credit during the period commencing August 17, 2011, through and including September 5, 2011, are to be accompanied by a copy of this Resolution.

2. The County Administrator, the Assistant County Administrator, and the Emergency Services Director are authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 17, 2011, through and including September 5, 2011, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification.

3. The Effective Date of this Resolution is August 17, 2011, and this Resolution shall expire without further action of this Board at the close of business on September 5, 2011.

This Resolution was moved for adoption by Commissioner ------~ and the motion was seconded by Commissioner _______ and, upon being put to a vote, the vote was as follows:


The Chairman thereupon declared this Resolution duly passed and adopted this __ day of July, 2011.


By __ -:::----:--=--:------Deputy Clerk

APPROVED AS TO FORM AND LEGAL SUFFICll;NIC-\<-----.

' /" BY '

AlANS,P . C COUNTYJ-\TTORNEY

2


By _____________ _ Bob Solari, Chairman

38

TO:

THROUGH:

FROM:

SUBJECT:

DATE;

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

Joseph A Baird, County Administrator

Christopher R. Mora, P.E. Public Works Director

James D. Gray, Jr. Q§) Coastal Engineer

Release of Retainage

Cv-CONSENT AGENDA

Applied Technology & Management for WO# 16 Sectors 1&2 Post Construction Monitoring 2010

June 27, 2011

DESCRIPTION AND CONDITIONS

On December 13, 2005, the Board approved a contract with Applied Technology and Management Inc. (ATM) for professional coastal engineering services in Indian River County for a three-year term, 2005-2008. On December 9, 2008, the Board renewed the contract until December 13, 2011.

Work Order # 16 to this contract provided for services related to permit required post construction biological and physical monitoring of the Sectors I &2 Beach Restoration Project for the summer 2010 season. The Board approved Work Order #16 amount was $323,088. However, due to better than expected monitoring conditions and overall task management there was a cost savings of $61,098.88 or approximately 18.9%. All the tasks under this Work Order are now 100% completed. Therefore, ATM is requesting the release of withheld retainage in the amount of $26,198.92

FUNDING

The post-construction physical and biological monitoring contained in Work Order #16 is eligible for 46.65% cost sharing with the Florida Department of Environmental Protection under Grant Agreement 07IR3. Local funding of beach restoration includes a portion oflocal option tourist tax revenue as well as allocations of the one-cent sales tax. Funding is available and budgeted in the Beach Restoration Fund- Sectors 1&2 Post Construction Monitoring-Account #12814472-033490-08003.

Funding for the release ofretainage is from Account# 128-206000-08003

F:\Public Works\JamesG\Sectors 1 and 2 _ Renourishment\A TM WO# 16\memo agenda retainage release A TM Work Order # 16 7-5-11.doc

39

Page2 BCC Consent Agenda Item Sectors 1 & 2 Beach Restoration June 27, 2011

RECOMMENDATION

Staff recommends the Board approve the release of retainage for Work Order # 16 in the amount of$26,198.92.

ATTACHMENT

ATM Invoice # 30523 - Dated 6/16/11


FOR: July 5, 2011

Indian River Coon

Administration

Bud et

. Public Works

Division

Approved

JO(,

F:\Public Works\JamesG\Sectors 1 and 2_Renourishment\ATM WO# 16\memo agenda retainagerelease ATM Work Order #16 7-5-11.doc

Date

40

400 S. AUSTRALIAN AVE., SUITE 300

WEST PALM BEACH, FL 33401-5045

(561) q59•0041 FAX 659-3733

VWWI/.APPLIEDTM.COM

Mr. James Gray Indian River County 4375 43rd Avenue Unit 102 Vero Beach, FL 32968

Invoice Number: 30523 Invoice Date: 6/16/2011

ATM Project Number: 10--2126 Project Manager: Peter Seidle

Professional Services through June 10, 2011

Sectors 1 & 2 Post -Project Monitoring (2010)

Total Retainage Due W0#16 $ 26,198.92 · · _,_., •.• -. >'t\s:<\>"'"': ·"•;;.,,.,,~,±;:r,;.,. ·¼<<.- u;:..~, .. ·,;\.;,':l"-- •. ·::;,,. , . .,j. __ ., .'~~;- ·e,s · '< .. ·· -~---:~--· · · · ~ ·0 ';•'"·-:-::;,,,. ·/,:~;-Vo"":'V·"''?i,•Y•'·'·.•·· •. ·.-;;,·.::,'' •.+1;,0:;~or-.,~~.._,-. .,,:,~i.\!i\'.:'.t:l\l:<:;:-,'.0<;•:;.c,,:,!t<Sb,·"'·'.,-',.; .:'L .- _ ;_;,, .~ .. " :C»"_,y: -di'";;;;;,;,;-,.,,·

TOT AL AMOUNT DUE $ 26,198.92

......... """"-

INDIMJHIVER COUNTY PUBLIC WORKS APPROVED

DIRECTOR DIV. HEAD P.O.#

ACCT.# 123- 20~000 -

PLEASE INCLUDE INVOICE NUMBER WITH PAYMENT AND REMIT TO: Applied Technology & Management, Inc

5550 N.W. 111 th Blvd Gainesville, Florida 32653

Coastal, Environmental, Marine, & Water Resources Engineering

DATE

oaov:;;;

41

400 S. AUSTRALIAN AVE., SUITE 300

WEST PALM BEACH, FL 33401-5045

(561}659-0041 FAX659-3733

\fvVINV.APPLIEDTM.COM

June 16, 2011

James Gray Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960

via e-mail [email protected]

RE: Sectors 1 & 2 Post Project Monitoring (Summer 2010) Work Order 16 (ATM Project No. 10-2126) Invoice 12 - Final Invoice for Retainage

Dear Mr. Gray:

Please find the enclosed invoice and necessary attachments. ATM has completed the deliverable requirements of the referenced work order. Further, FDEP is in acceptance of the reports a submitted. As such, please find the attached invoice for the retainage held by the County, and consider this as the final invoice for the Work Order 16. The invoice for retainage is for $26,198.92.

We look forward to future opportunities to work with the County. Should you' have any questions, please do not hesitate to contact me.

Attachment cc: File 10-2126

Sincerely,

Applied Technology & Management

~,-/~

Peter N. Seidle, P.E. Coastal Engineer

Coastal, Environmental, Marine, and Water Resources Engineering

42

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMW ATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562


CONSENT

THROUGH: Christopher R. Mora, P.E., Public Works Directo1

A ~ FROM: W. Keith McCully, P.E., Stormwater Engineer J[4"~

and also THROUGH: Erik W. Olson, Utilities Directo~ W SUBJECT: APPROVAL OF CHANGE ORDER NO. 2 TO WORK ORDER NO. PCS-1

WITH HYDROMENTIA, INC. for FDEP PERMIT PROCUREMENT SERVICES FOR REVERSE OSMOSIS REJECT WATER DISCHARGE FROM THE SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT

DATE: June 24, 2011


On September 7, 2010, the County Commission approved Work Order No. PCS-1 with Hydromentia, Inc. to perform an algal turf scrubber pilot plant study for a future full-scale algal turf scrubber (ATS) system adjacent to the Indian River Farms Water Control District's (IRFWCD) South Relief Canal. The proposed ATS will treat South Relief Canal water and reverse osmosis reject water from the South County Reverse Osmosis (RO) Water Treatment Plant. The purpose of this agenda item is to request the County Commission to approve Change Order No. 2 to Work Order No. PCS-1. Under this Change Order, Hydromentia will assist the County in preparing certain elements of an FDEP permit that when approved by FDEP, will allow the County to blend the reject water with South Relief Canal water and treat the mixture with the ATS system, and discharge the treated effluent into the South Relief Canal and/or place it into a reuse water system.

The lump sum amount of Change Order No. 2 is $19,080. Because FDEP may not understand the ATS technology used to treat the canal water/reject water mixture, a meeting between FDEP and Hydromentia staff may be necessary. If so, a $1,000 contingency fee is requested to pay for the meeting costs. The cost for both items is $20,080.

F:\Public Works\KeithM\Stormwater Projects\PC South\Agenda ltems'Agenda - Consent - Hydromentia Pilot Plant Study CO #2 - 6-24-2011.doc

43

Page 2 PC South BCC Meeting - July 5, 2011 - CONSENT June 24, 2011

ANALYSIS

Alternative No. 1 - Approve Change Order No. 2 and the contingency fee.

Alternative No. 2 - Approve only Change Order No. 2.

Alternative No. 3 - Reject Change Order No. 2 and the contingency fee.

FUNDING

Change Order No. 2 has a lump sum fee of $19,080 and the requested contingency fee is $1,000 for a total amount of $20,080. Funding will be provided by the County Utilities Department's South County Concentrate Disposal Project - Utilities Department Account No. 472-169000-10513.

RECOMMENDATION

Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1, consisting of Change Order No. 2 with Hydromentia,

Inc. and the contingency fee.

ATTACHMENTS

1. Change Order No. 2, executed by Hydromentia, Inc. (one copy)

Indian River Coon

Administrator

Bud et

Le al

Utilities

Public Works

Stormwater Engineering


1 5/4

b-J.8'-tl v\

G- ;J.7- ti

&> -24-Zot/

F:\Public Works\KeithM\Stonnwater Projects\PC South\Agenda ltems'Agenda - Consent- Hydromentia Pilot Plant Study CO #2 - 6-

44 24-2011.doc

CHANGE ORDER NO. 2

DATE OF ISSUANCE:

EFFECTIVE DATE:

OWNER: INDIAN RIVER COUNTY

CONTRACTOR: Hydromentia, Inc.

PROJECT: Pilot Algal Turf Scrubber for PC South ENGINEER: INDIAN RIVER COUNTY

You are directed to make the following changes in the Contract Documents:

Increase/Decrease Item Description

in Contract Price

Provide permit procurement services in

1.0 accordance with Attachment No. 1 $19,080.00

TOTALS $19,080.00

CHANGE IN CONTRACT PRICE

Description

Original Contract Price Net increase/decrease from previous Change Orders

Contract Price prior to this Change Order Net increase/decrease of this Change Order Contract Price with all approved Change Orders

CHANGE IN CONTRACT TIME (Calendar Days)

Description

Original Contract Time for Final Completion Net increase/decrease from previous Change Orders

Contract Time for Final Completion prior to this Change Order Net increase/decrease of this Change Order to Final Completion

Contract Time for Final Completion with all approved Change Orders

Increase/Decrease

in Contract Time

(Calendar Days)

0.0

0.0

Amount

$188,000.00

$15,165.00 $203,165.00

$19,080.00 $222,245.00

Amount

168.0 84.0

252.0 0.0

252.0

45

Hydromentia, Inc.

MltftUl ~IJ)}i<. d,x0enf

RECOMMENDED:

By: ENGi

P.E., Indian River County Storm

Engineering Division

(Name and Title) Date: b -27- 2.o//

Date: ~f, ;}-o I I APPROVED:

By: OWNER: Bob Solari, Chairman, indian

River County Board of County Commissioners

Date:

APPROVED A~F~~M

::llJ!llJJfv y WILLIAM K. DEBRML

DEPUTY COUNTY ATTORNEY

46

HMENT NO. 1 TO CHANGE ORDER NO. 2 TO WORK ORDER PCS-.

47

·; ;, Hydroi"n,:~(1t:o

1. INTRODUCTION

South Relief Canal Algal Turf Scrubber®

The Indian River County Utilities Department, in cooperation with the Public Works Department, Stormwater Division, have indicated intent to implement a water treatment facility to be located contiguous to the Indian River Farms Water Control District's South Relief Canal within Indian River County-this canal being a major tributary within the network of canals managed by the Indian River Farms Water Control District (IRFWCD). This proposed treatment system is to be designed around the application of an Algal Turf Scrubber® (ATS™)1 to remove nutrients and eliminate toxicity associated with a blend of an RO concentrate, as generated by the Utilities Department in the production of potable water, and surface waters associated with the South Relief Canal (South Canal). The proposed treatment facility is referred to as PC South - Phase 1. The RO concentrate is a mineralized water with a conductivity of about 6,000 microS/cm, and comparatively low nutrient levels. The canalized stormwaterwithin the South Canal is characterized by lower conductivity levels (<2,400 microS/cm) but higher phosphorus concentrations. Indian River County is coordinating with the FDEP to resolve concerns regarding the concentrate related to nutrient and saJinity loads and intermittent toxicity revealed through bioassays with Mys id shrimp (Mysidopsis bahia). 2 Presently, management requirements associated with the RO concentrate are delineated within FDEP Permit 31 FL0037940 and the associated Consent OrderDS-1661, as well as applicable limits delineated within the latest update of Ch 62-302 F.A.C.The expected requirements for nutrient reduction within the South Canal stormwater flows are associated with the impending Total Maximum Daily Loads (TMDL) determinations.3

On September 7, 2010, Indian River County authorized HydroMentia to conduct a comprehensive PC-South ATS™ pilot study. This study was designed to facilitate assessment of system performance in terms of both nutrient reduction, and toxicity attenuation. The pilot program was rendered operational on January 17, 2011. The facility was sustained operational to June 7, 2011. Data obtained during this period will be used in developing the permit application for the proposed treatment facility.

The Utilities Department has requested a services and cost proposal from HydroMentia for completion of FDEP permit applications for the proposed water treatment facHity. This proposal has been prepared in response to this request, and includes specific tasks and associated costs attendant with efforts needed to develop a complete application as related to the FDEP Wastewater Application Fonn 2CS - "PERMIT TO DISCHARGE PROCESS WASTEWATER FROM NEW OR EXISTING INDUSTRIAL WASTEWATER FACILITIESTO SURFACE WATER".

1 The Algal Turf Scrubber® or ATS™ is an engineered system composed of a sloped expanse of high density polyethylene (HDPE) geomembrane overlain with a synthetic grid matrix. Water is distributed across the sloped floway in a shallow laminar flow, which provides ideal conditions for the development of an algal turf community 2 Consent Order 08-1661 executed September 19, 2008. 3 Total Maximum Daily Load for Northern and Central Indian River Lagoon and Banana River Nutrients and Dissolved Oxygen April 2007. EPA Region IV.

Indian River County ATS™ Permit Procurement Services Proposal June 23, 2011

2

48

1 ~.c, Hydr~iTlei-1t!O South Relief Canal Algal Turf Scrubber®

2. PROPOSED SCOPE OF WORK

HydroMentia shall complete the following tasks in a timely manner, and will coordinate its efforts with the Utilities Department and the Stormwater Division of the Public Works Department such that the services provided relate to issues within the permit application in which HydroMentia is uniquely qualified to address. Accordingly, HydroMentia shall rely upon the County to provide support services such as surveying, land-use information, hydrology and climate information, historical data retrieval and compilation, stormwater modeling, final word processing and GADD/graphics.

TASK 1: Item II of Application Form 2CS.

HydroMentia shall consult with the County to describe a reasonable discharge outfall structure, including location, sizing, routing and materials of construction.

TASK 2: Item Ill of Application Form 2CS.

HydroMentia shall assist in the description of the receiving waters and in the development of 7-day 10-year flow within the PC-South Canal in the vicinity of the proposed outfall. HydroMentia shall assist County on determining the need for a mixing zone.

TASK 3: Item IV-A of Application Form 2CS.

HydroMentia shall assist the County in developing a process flow line drawing for the proposed facility, to include estimates of evaporative losses.

TASK 4: Item IV-B of Application Form 2CS.

HydroMentia shall provide the County necessary description of the ATS™ related to size, flow rate, flow measurement methods and locations, and retention time, and shall describe the ultimate disposal of any solid or liquid wastes not discharged associated with the ATS™.

Services will not include stormwater modeling or estimates as related to runoff generated from the treatment site, other than the rainfall which falls directly upon the ATS™ unit, or the description and preliminary design of emergency back-up systems, except that HydroMentia will assist the County in the assessment of emergency conditions as it relates directly to the ATS™ process.

TASK 5: Item IV-C through E of Application Form 2CS.

HydroMentia shall assist the County in describing the flow characteristics to be associated with the PC-South Canal flows, as required to complete Table IV-C of the application, and develop method and location of flow measurement devices.


3

49

"' "".'.~i' Hydro(T1ec1t10 South Relief Canal Algal Turf Scrubber®

TASK 6: Item VII Parts A and B Form 2CS.

HydroMentia shall assist the County in completing Table VII parts A and B of the application, as such information relates to data collected and compiled by HydroMentia as part of the PC-South ATS™ Pilot Study.

TASK 7: Item IX Form 2CS.

HydroMentia shall address issues related to the biological toxicity testing conducted to date on the RO Concentrate and the ATS™ effluent associated with the PC-South ATS™ Pilot Study.

TASK 8: Item X Form 2CS.

HydroMentia shall address issues related to the use of contract laboratories associated with the PC-South ATS™ Pilot Study.

TASK 9: Item XII Form 2CS.

HydroMentia, upon review and acceptance of completed application, shall serve as the certifying professional engineer for the permit application as required through Section XII of the application.

Work shall commence upon receipt of written notice to proceed. It is the intent that tasks assigned to Hydromentia, Inc. be completed by August 31, 2011, unless efforts are delayed by others, beyond the control of HydroMentia. The scope of work does not include addressing issues that are associated with any Department Request for Additional Information (RAI). HydroMentia services for RAI response support shall be provided as requested by the County, and shall be billed based on the Time and Expense Rate Schedule included as Attachment A.


4

50

~ ,;,:: c, H~dromer1t10 South Relief Canal Algal Turf Scrubber®

3. FEE SCHEDULE

Payment for services for Tasks 1 through 6 shall be based upon the lump sum amounts and deliverables presented within Table 1.

Table 1: Lump Sum Fee Schedule

Task Description Lump Sum

Fee

1 Item II of Application Form

$950 2CS

2 Item Ill of Application Form

$1,950 2CS

3 Item IV-A of Application

$1,350 Form 2CS

4 Item IV-B of Application

$5,760 Form 2CS

5 Item IV-C through E of

1,350 Application Form 2CS

6 Item VII Parts A and B

$1,800 Form 2CS

7 Item IX Form 2CS $1,440

8 Item X Form 2CS $900

9 Item XII Form 2CS $3,580

TOTAL $19,080

This price quote remains in effect through August 21, 2011.

Indian River County ATS™ Permit-Procurement Services Proposal June 23, 2011

5

51

~ esa;.:f,

Hydr0iT18i"1tK:i South Relief Canal Algal Turf Scrubber®

ATTACHMENT A

HYDROMENTIA, INC. PROFESSIONAL SERVICES

TIME AND EXPENSE RATES

The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis.

A. Personnel Hourly Billing Rates:

Project Director. ................................................................................. . Client Service Manager. ...................................................................... . Principal Engineer. ............................................................................. . Project Engineer I. .............................................................................. . Project Engineer II. ............................................................................. . Sr. Designer ...................................................................................... . Designer. ......................................................................................... . Construction Manager. ........................................................................ . Field Inspector. .................................................................................. . Operations Manager ........................................................................... . Sr. Biologist.. ..................................................................................... . Biologist.. .......................................................................................... . Technical Writer. ................................................................................. . Sr. Data Analyst.. ................................................................................ . Data Analyst.. .................................................................................... . Sr. Field Representative ....................................................................... . Field Technician I. ............................................................................... . Field Technician 11. ....................................•..................................•....... Administrative Support ......................................................................... .

$200.00 $155.00 $200.00 $135.00 $100.00 $125.00 $ 85.00 $110.00 $ 85.00 $ 85.00 $110.00 $ 85.00 $85. 00 $ 80.00 $ 75.00 $75. 00 $55. 00 $ 45.00 $ 35.00

A. Outside contractual services secured by Consultant on COUNTY's behalf, travel costs by commercial carrier, direct non-salary expenses including, but not limited to, meals, lodging, special mailing or delivery services, legal advertisements and notices, title search service and special survey materials shall be reimbursed at Consultant's cost.

B. Contract printing and blueprinting will be charged at Consultant's cost. Photocopies shall be charges at $0.15 per page.

C. Sub contracted professional services shall be reimbursed at Consultant's cost.


6

52

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

CONSENT AGENDA

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

June 27, 2011


Joseph A. Baird, County Administrator

Jason Brown, Director, Office ~fManAa1;,em~fid Budget

Erik Olson, Director, Utilities ~ ~

Jerry Davis, Purchasing Manager f)~ Approval of Bid Award for IRC Bid No. 2011039 Annual Bid for Battery Powered Flow Meters Two Inch and Larger

The Utilities Deparhnent has requested the solicitation of competitive sealed bids to establish firm fixed prices on Battery Powered Flow Meters Two Inch and Larger for the initial period of July 2011 through September 30, 2012 with an option for three (3) additional one (1) year renewals.

BID RESULTS:

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

BID TABULATION:

ANALYSIS:

May 17, 2011 at 2:00 pm April 25, 2011 One Hundred Eighty Nine (I 89) Vendors Fifteen (15) Vendors Three (3) Vendors

The total bid amount is based on the estimated annual quantity of meters needed for replacements in multi-family buildings and mobile home parks. The actual usage may be more or less depending on the number of replacements required. At this time, 214 two inch meters have been identified as needing to be replaced at a cost of $205,868.00. Additional two inch and larger meters will be identified for replacement as part of our ongoing R & R program.

F:\Purchasing\Bids\2010-2011 FY (2011000)\2011039 Annual Bid for Battery Powered Flow Metern Two Inch and Lru:ger\Agenda.doc

53

CONSENT AGENDA

TOTAL AMOUNT OF BID: $252,279.00

SOURCE OF FUNDS: $252,279.00 from account #471-166008 (Meters)

RECOMMENDATION:

Staff recommends awarding this bid as follows:

• Award to Ferguson Waterworks, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid.

• Authorize the Purchasing Division to issue blanket purchase orders for the period of July 2011 through September 30, 2012 with the recommended bidder.

• Authorize the Purchasing Manager to renew this bid for three (3) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest oflndian River County.

ATTACHMENTS: Department-Recommendation Memo Bid Tabulation Bid Form


BY:

FOR: 0. ;;/CJ// J

F:\Purchasing\Bi<b\2010-201 I FY (2011000)\2011039 Annual Bid fur Battery Powered Flow Meters Two Inch and Larger\Agenda.doc

54

2011 JUN 21 P 3: 31

DATE:

TO:

THRU:

FROM:

SUBJECT:

Background:

INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM

June 13, 2011

Jerry Davis, Purchasing Manager • . ,L,/···· Erik Olson, Director of Utility Servi~ /c- --'(v-)~

Terry Southard, Operations Manager~~ ~ Bid # 2011039 Acceptance Memo

The Purchasing Department opened bids on May 17, 2011 for Bid # 2011039 Annual Bid for Battery powered Flow Meters Two Inch and Larger.

Three companies responded to the bid invitation.

Ferguson Water Works Inc. Ft. Pierce FL Municipal Water Works Inc. Orlando FL Siemens Industry, Inc. Spring House PA

$252,279.00 $278,050.00 $368,886.18

Ferguson Water Works Inc. Ft. Pierce FL meter Elster AMCO meets all AWWA Standards. Bidder's references were checked and all clients were very pleased with product. Since June of 2009 we have used 73 compound meters for a total of $73,202.12. These meters were used to replace two inch and larger meters in multi-family buildings and mobile home parks.. Over the past year and a half, replacements were held at a minimum while staff researched and tested more technical, streamline single register large meters. At this time, 214 two inch meters have already been identified to be replaced in Fiscal Year 2010/11 at a cost of $205,868.00. Before the end of the annual bid period, additional two inch and larger meters will be identified for replacement as part of our ongoing R & R program.

Recommendation:

Staff recommends Ferguson Water Works Inc. Ft. Pierce FL be awarded subject bid for a price of $252,279.00. Funding for the meter will come out of 471-166008 Meters.

55

INDIAN RIVER COUNTY

PURCHASING DIVISION

1800 27th Street, Vero Beach, FL 32960 (772) 226-1416

BID TABULATION

Bid Opening Date: Time:

May 17, 2011 2:00PM

Bid No. Department

2011039 Utilities

Bid Title

Annual Bid for Battery Powered Flow Meters Two Inch or Larger

Bid Form Disclosure

ITEM METER SIZE

I Two Inch

2 Three Inch

3 Four Inch

4 Six Inch 5 Eight Inch

TOT AL ANNUAL COST Delivery Time ARO

Price Extend?

COMMENTS:

* Municipal Water Works~ 12 Exceptions lo Bid

**Siemens• Exception to Bid

-l<

,;

= .... ~ ,,,

.:,:: :.. 0

~ :.. Q,>

~ .... ·. t: C'<$

~ ~ s ;:, -Cl C'<$ ~

i::, c.. 0 w ·c:: "0

i .... = = C'<$

= -;:: :.. ::; 0 "' w

y y

Un1it Cost I Extended Total

200 $ 1,208.75 $ 241,750.00

5 $ 1,385.00 $ 6,925.00

5 $ 1,595.00 $ 7,975.00

4 $ 2,475.00 $ 9,900.00

4 $ 2,875.0Q $ 11,500.00

$21s;oso.oo 14 Days

Yes

Witness: Jerry Davis

Witness: Maeghan McLaughl_in

,;

= .... ,,,~ .:,:: :.. 0 ~ :.. Q,> ~ .... C'<$ i;..

~ ~

Q,> ~

= :.. 0 Q,> ,,, .... = ~ t:,I) .... :.. :.. Q,> 0

i;.. i;..

y y

Unit Cost I Extended Total

$ 962.00 $ 192,400.00

$ 1,573.00 $ 7,865.00

$ 2,078.00 $ 10,390.00

$ 3,994.00 $ 15,976.00

$ 6,412.00 $ 25,648.00

$252,279.00

7-10 Days

Yes

-l< -l< ,; = .... ;;,:; < :.. ~ .... ,,,

Q,>~

= "0 ,,,

= = 0 .... = ,,, = t:,I) Q,>

= s . ... :.. Q,> c.. ....

[/) [/)

·~- -y y

Unit Cost I Extended Total

$ 1,676.44 $ 335,288.00

$ 1,727.80 $ 8,639.00

$ 1,752.62 $ 8,763.10

$ 1,946.48 $ 7,785.92

$ 2,102.54 $ 8,410.16

$368,886.18

Blank Yes

'-0 Ln

INDIAN RIVER COUNTY PURCHASING DIVISION

1800 27™ STREET

VERO BEACH FL 32960

(772) 226-1416 FAX (772) 770-5140

BIDFORM

ANNUAL BID FOR BATTERY POWERED FLOW METERS Two INCH AND LARGER

BID NUMBER:

BID OPENING DATE:

BID OPENING LOCATION:

2011039

MAY 17,2010 AT2:00P.M.

PURCHASING DIVISION 1800 27™ STREET

VERO BEACH, FL 32960

JN AC:CORDANCE WITH ALL TERMS, CONDITIONS, SPECJFJCATJONS, AND REQUIREMENTS, THE BIDDER OFFERS THE FOLLOWING:

BATTERY POWERED FLOW METERS Two INCH AND LARGER

Item Meter Size Estimated Annual Quantitv Unit Cost Extended Total

1 Two Inch 200 $ c/6.L. oo $ lf{)....tfo~.oo 2 Three Inch s $ /S7?-oo $ 7'i{5. 00 3 Four Inch s $, 07 ~. 0 0 $/0"3'10•00 4 Six Inch 4 $ • Cj qU, fJo $ /C'f7t-oo s Ei!!ht Inch 4 $ ,, l /f,L,.oo $~',. 6<{4'.00

Total Annual Cost $ ~ s;;i... c1. 7,,. oo .

It is the intent of Indian River County to award the contract based on the overall lowest most

responsive bidder.

DELIVERY TIME, IN CALENDAR DAYS AFTER RECEIPT OF PHONE ORDER. 7-!0 DAYS

WILL YOUR COMPi EXTEND THESE PRICES TO OTHER GOVERNMENTAL AGENCIES IN THE STATE OF

FLORIDA? YES No• (CHECK ONE)

THE UNDERSIGNS HEREBY CERTIFIES THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH AT THE PRICES SHOWN ANY OR ALL OF THE ITEMS ABOVE,

SUBJECT TO ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. FAILURE TO HAVE READ ALL THE PROVISIONS OF TIBS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY

RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION.

Page 12of19

57

C0MPANYADDRESS: 4 s IO f/'oSPer,·+7 12/'r·ve CITY,STATE --rt. /J/e,l"ce /*L ZIPCODE J'C/1?/

I

TELEPHONE: 7?2_- L/[?- 0/57 FAX: 7?).- Cj-157-Q 1/7,)___

E-MAIL: Ce/'ne7 , /1lf a"' Taj".°'- (9 re~7US OA/ • CONT

BusINEssTAxREcEIPTNUMBER:S::<'.?oo-.lQoS::00/5 FEINNUMBER: SC/- IJ-./ l 77 / AUTHORIZED SIGNATURE: ·~ DATE: s/; 1Iza11 NAME: re 1'11 <\lm;V/ (j ...... b 7 ""---- nrLE: f? i"0-..1'1, c..,h /vi~ v'J °\ q (!~

(TYPE/ D) I V

PLEASE SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF YOUR BID.

PLEASE MARK ORIGINAL AS "ORIGINAL" AND COPY AS "COPY"

Page 13of19

58


TO: Joseph A Baird; County Administrator

Robert M. Keating, CP; <;emnnunity Developmeqt Director

THROUGH: Stan Bolin&cP; Planning Director

:fWM FROM: John W. McCoy, AICP; Senior Planner, Current Development

DATE: June 14, 2011

CONSENT AGENDA

SUBJECT: Sussex of Vero, LLC's Request for Final Plat Approval for a Subdivision to be Known as Waterside Subdivision [2003060270-66139-SD-04-04-0l]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 2011.

DESCRIPTION & CONDITIONS:

Waterside Subdivision is a 52 single-family lot subdivision on 18.27 acres located on the west side of 20th Avenue in the 1100 block southwest. The property is zoned RM-6 (Residential Multi-Family-up to 6 units per acre) and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. The density for Waterside Subdivision is 2.90 units per acre.

On January 22, 2004, the county granted preliminary plat approval for Waterside Subdivision. Subsequently, the original developer obtained a land development permit and substantially completed construction of the required subdivision improvements. Recently, a successor developer took over the project, completed all construction and certification work, and obtained a Certificate of Completion. The successor developer/ current applicant also submitted a final plat in conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Waterside Subdivision.

ANALYSIS:

All of the required Waterside subdivision improvements have been completed and inspected. On June 13, 2011, a certificate of completion was issued. As part of the certificate of completion process, the developer posted a maintenance bond to guarantee road and drainage improvements. All improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County as

F:\Community Development\Users\CurDev\Final Plats\BCC staffreports\Watersidefinalplat.rtf

59

required by the Utility Services Department. The final plat presented for Board approval has been reviewed by staff. All requirements of final plat approval have been satisfied.

RECOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Waterside Subdivision.

ATTACHMENTS:

I. Application 2. Location Map 3. Plat Layout

APPROVED AGENDA ITEM: Indian River Co, Admin. Legal Budget Dept. Risk Mgr.

F:\Community Development\Users\CurDev\Final Plats\BCC staffreports\Watersidefinalplat.rtf 2

60

.. . \\>-:6 Vc'rnU-;g.,:,, ·~ ~ ,;i?d ~ -~ ~

::::: NOV 2010 ,;

1 _I

COf/if!:UNlTY ~ FINAL PLAT APPLICATION (PLTF) DE.VD :)F·':,!Ef~T f?,:

A•>

'9 '-;; PROJECTNAMEPRINT): Waterside Subdivision ,~-{~Y

"f-,, l"'t-P NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THI~~,_. PROJECT (SUCH AS "WOODY BIG TREE SUBDIVISION").

COMPUTERASSIGNEDPROJECTNUMBER: 2003060270 ·- l /p /Jf ASSIGNED FILE NUMBER: ___ S=-D'"'r '----'O"---'-Lf_-_O--'I_-_O_,{'--------

coRRESPONDING PRELIMINARY PLAT PROJECT NAME AND !RC ASSIGNED FILE NUMBER: SD- 04 01 01

OWNER: (PRINT)

Sussex Vero, LLC NAME 3182 Sussex Way

ADDRESS Vero Beach

CITY FL

STATE 3 2 9 6 6 ~ 2 6 2 ·____:cSC,'.7..c:lcc:5 ____ _ ZIP PHONE L_) ___ ---------~ FAX NUMBER [email protected]

EMAIL ADDRESS Kaj Snellman

CONTACT PERSON

AGENT: (PRINT)

Schulke, Bittle & Stoddard, LLC NAME 1717 .Indian River Boulevard, Suite 201 ADDRESS

Vero Beach FL CITY STATE 32960 C!I!:)770-~9~6~2~2'------

ZIP PHONE (7 7 2 ) 7 7 0 ---=-94"-'9"-'6=-------FAX NUMBER [email protected]

EMAIL ADDRESS P.E.

PROJECT ENGINEER: (PRINT) Schulke, Bittle & Stoddard, LLC NAME

PROJECT SURVEYOR: (PRINT) Houston,Schulke,Bittle & Stoddard, Inc. NAME

1717 I.R. Blvd., Suite 201 ADDRESS Vero Beach CITY'

FL STATE

32960 ( 772) 770-~9"-'6"-'2,.,2s,__ ___ _ ZIP PHONE (772) 770 --9=-4"-'9=-6=-------FAXNUMBER [email protected]

EMAIL ADDRESS Joseph W. Schulke, P.E.

CONTACT PERSON C:\Documents and Settings\webmaster\Desktop\F inal PlatA ppl ication .doc

1717 I.R. Blvd., Suite 201 ADDRESS Vero Beach CITY

FL STATE

32960 (772 )770---"'9-"-6"'-2"'-2 ___ _ ZIP PHONE (772) 770 -~9~4~9~6'-------FAXNUMBER [email protected]

EMAIL ADDRESS Stuart Houston

CONTACT PERSON Revised June 2006 1 of 3

AlTACHMEfiT 1 61

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Al·TACHMENT 3 66

CONSENT

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

TO: Joseph Baird County Administrator

FROM: James Sexton 01-.,\.~ Human Resomie~-

DATE: June 27, 2011

SUBJECT: 2012 Holiday Schedule

For consideration by the Board of County Conunissioners, the following is the proposed schedule of holidays for Indian River County employees for 2012:

Holiday

New Year's Day

Good Friday

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day

Day after Thanksgiving

Christmas Eve

Christmas Day

New Year's Day


County Observance

Monday, January 2, 2012

Friday, April 6, 2012

Monday, May 28, 2012

Wednesday, July 4, 2012

Monday, September 3, 2012

Monday, November 12, 2012

Thursday, November 22, 2012

Friday, November 23, 2012

Monday, December 24, 2012

Tuesday, December 25, 2012

Tuesday, January 1, 2013

Approval Date

2L

67

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

DEPARTMENT OF PUBLIC WORKS Division of Facilities Management

Date: June 23, 2011

To:

Through:

From:

Subject:


Christopher R. Mora, P.E., Public Works Director

Lynn Williams Facilities Manager/Project Manager

FPL Relocation Agreements - IRC Transit Facility ✓

BACKGROUND:

The Indian River County Transit Facility design requires that existing underground utilities provided by FPL (Florida Power and Light) serving the 43rd Ave Administrative Annex be modified and relocated.

The Relocation Agreement sets forth the terms and conditions for the construction work to be performed by FPL and the County for relocating the existing underground facilities at a cost of $3,790.17.

The second agreement sets forth the terms and conditions for the installation and modification of the underground distribution facilities. This will include the primary feed to the new facility and modifying the existing feed to the Elections Building. The cost for this portion of the work is $8,135.82. The total for both portions of the work is $11,925.99.

FUNDING:

Funding for this project in the amount of $11,925.99 is available in Account #13622019-066510-09813. The Account description is Fed/State Grants/Facilities Management/SRA Transit Admin Building.

RECOMMENDATION:

Staff recommends that the Board approve the Agreements with FPL, authorize the Chairman to execute and approve the payment of invoices for a total amount of $11,925.99.

ATTACHMENTS:

Agreements with FPL


For: 7/5/11

Indian River Co.

Administration County Attorney Budget Department Division

F:\Public Works\Luanne M\Facilities Management\Senior Resource Assoc. Bus Transit Facility\FPL relocation aareements BCC Aan 06-27-11.doc

Date

68

Florida Power & Light Company

l=PL

LUMP SUM RELOCATION AGREEMENT

Applicant Indian River County Board of County Commissioners agrees to pay FPL the lump sum ·amount of

$3,790.17 to relocate underground facilities associated with the construction of the new SRA Transit Facilities .

Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the Applicant's plans which are dated 1/28/2011. Applicant understands that this agreement is solely for the relocation of FPL facilities. It is the Applicant's responsibility to contact the owners of facilities co-located on FPL's poles (such as telephone, cable and wireless/cell phone providers), and to negotiate, and pay the cost of, the relocation of such facilities. Applicant understands that FPL's work under this agreement cannot proceed until such third party negotiations have been completed. Applicant shall provide FPL with written documentation from each such third party provider reflecting the date upon which such third party facilities will be relocated. Applicant also agrees that any scope of work changes listed below will result in FPL providing a revised Lump Sum cost which Applicant is obligated to pay.

These scope changes are:

1. Change in Applicant's plans/schedule which will affect FPL's relocation.

2. Any error in Applicant's plans which will affect FPL's relocation.

Applicant agrees to pay FPL in advance the full Lump Sum amount for this relocation. This Lump Sum amount is non-refundable, provided, however if this agreement is terminated or indefinitely suspended, the Applicant shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL shall refund the balance.

Applicant acknowledges that high voltage electric lines are located in the area of Applicant's project and agrees to warn its employees, agents, contractors and invitees, new and experienced alike, of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when working under or near FPL's facilities. Applicant acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached hereto.

Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or under utilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance, nonperformance, or delay in performance of its obligations under this Agreement.

Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the Applicant, its contractors, subcontractors or employees, including attorney fees, for injury to or death of person(s) and property damage arising or resulting in connection with any activity associated with work or service under ihis Agreement, EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns, the Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The Applicant's obligation to protect, defend and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitation set forth in Section 768.28(5) Florida Statutes, except in the event the Applicant purchases insurance covering the liability with limits in excess of the statutory limits, the Applicant's obligation shall extend up to but shall not exceed the limits of that insurance.

Insurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the subject Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a broad form contractual endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insured on the

an FPL Group Company

69

Florida Power & light Company

Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of FPL up to the $1,000,000 limit of liability.

In the event that the policy is on a "claims made''. basis, the retroactive date of the policy shall be the effective date of this or such other date as to protect the interest of FPL and the coverage shall survive the termination of this Agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort (currently, five years). If coverage is an "occurrence" basis, such insurance shall be maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially altered without at least thirty (30) days written notice to FPL.

The Applicant shall provide FPL with evidence of such liability insurance coverage and the standard insurance industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request.

Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts between the Applicant and its general contractors who perform or are responsible for construction or maintenance work on or around the subject FPL Facilities:

"The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bodily injuries or death to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or property damage combined single limit and $3,000,000.00 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage."

Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. The Applicant shall provide FPL Group lnc.'s Risk Management Department with notice of the name and address of Applicant's contractors prior to the commencement of the Relocation of FPL Facilities by FPL.

This agreement may be terminated at any time upon written agreement between Applicant and FPL.

APPLICANT:

. . . .

FL,9Rl9f, POW:::'. wr- OMPANY:. BY<c,,c' k-~ . Print Name: Dennis G. Pagano

Title: Engineer I

By:. ___________ _ . . . : . ~ . . Print Name: • • ·

Date: 6/11/2011

an FPL Group Company

Title:. _____________ _

Date: ____________ _

APPROVED AS TO FORM ::itlZ~FflyY WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

70

' '

Payment coupon

/610101200003749070000854246710973000042010101 General fvlail Facility M1;:}mi. FL. 33188-01101

B 01012 0000854246 J 2 01 01 01 Please mc1il this portion with your check


STATE OF FLORIDA COUNTY OF INDIAN RIVER 1801 27TH ST BLDG A VERO BEACH FL 32960


INVOICE Customer Name and Address


STATE OF FLORIDA COUNTY OF INDIAN RIVER 1801 27TH ST BLDG A VERO BEACH FL 32960

CURRENT CHARGES AND CREDITS

Customer No: 374907 Invoice No: 854246

DESCRIPTION

OSB GUST CONTR NEW CNST WO 4395 43RD AVE WR 3981569 9614-42-438

For Inquiries Contact: DENNIS PAGANO Phone: (772) 489-6206

Messages

Florida Power & Light Company General Mail Facility Miami, FL 33188-0001

Cust. No.: 374907 Inv. No.: 854246

Payment Due upon Amount Due -Receipt This Invoice

07/13/2011 3,790.17

WO Reference #: 9614-42-438 Ma!_(e check payable to FPL m US fui:?ds_,and !:'1-31!.P_ayment to address below

FPL GENERAL MAIL FACILITY MIAMI FL 33188-0001

Federal Tax ID#: 59-0247775

Customer Number:

Invoice Number:

374907

854246

Invoice Date: 06/13/2011

B 01012 0000854246 4 2 01 01 01 Please Retain This Portion for your Records

QUANTITY PRICE

1 3,790.17

Total Amount Due

Payment Due upon Receipt

AMOUNT

3,790.17

$3,790.17

07/13/2011

71

WR# 3981578

~ FPL

UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT

This Agreement, made this __ day of ---~ 20~ by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISIONERS (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called. FPL).

WITNESSETH:

Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customers property known as SRA TRANSIT FACILITIES located in VERO BEACH - INDIAN RIVER COUNTY, Florida.

(City/County)

That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows:

1. The Customer shall pay FPL a Contribution in Aid of Construction of $8.135.82 (the total Contribution) to cover the differential cost between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto.

2. That a credit of -0- shall be provided to the Cuslomer for trenching. bac~.lilling. installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $8 135.82.

3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customerchas requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customers change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines -to underground or the relocation of any existing overhead or underground fac;ilities to serve the property identified above.

4. That the Contribution provides for 120/208 volt, ~ phase (120/240 volt. single phase for URD Subdivisions) underground electrical seivice with facilities located on private property in easements as required by FPL. The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground seivice, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above-grade appurtenances.

5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff.

If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL

TIiie to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL.

6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded. at no cost to FPL. prior to trenching. installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customers property. on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements. (2) FPL's easement has not been recorded prior to the recordation of the mortgage. (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL detennines would make such a subordination necessary.

a) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description. and exact name of the legal owner to be used when an easement is prepared, as required by FPL.

b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site, as required by FPL.

c) Should for any reason, except for the sole error of FPL. FPL's facilities not be constructed within the easement. FPL may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to seive other parcels of property.

72

WR# 3981578

7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following:

a) Paving, grading, and drainage plans showing all surface and sub-surface drainage satisfactory to FPL,

b) A construction schedule,

c) An estimate of when electric seivice will be required, and

d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the governing body) by a registered land suiveyor.

8. Prioi" to FPL CtinStruction pui-s1iant to this agreeinertt;"the CustOmer sh811:· · ·

a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded to with ·1n six inches of final grade with soil stabilized.

b) Provide property line and corner stakes, designated by a licensed suiveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location, depth, size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes.

c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed; and, that subsequent repair to FPL's system, once installed, will be paid by the Customer if said repair is a result of damage caused _by the CY~tomer oi: any Qf the. Customer's conkactors or subc-0ntractors,

d) Provide sufficient and timely advance notice (QQ days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring'_.p·aving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be borne by FPL.

e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade.

f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies.

g) Provide a meter enclosure, downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate FPL's seivice cable-size and design. These items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved in modifying or replacing items which do not meet the above criteria.

9. FPLshall:

a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer.

b) Install, own, and maintain the electric distribution facilities up to the designated point of denvery except when otherwise noted.

c) Request the Customer to participate in a pre-construction conference with the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre-construction conference, FPL shall provide the Customer with an estimate of the date when seivice may be provided.

10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Seivice and the Rules of the Florida Public Seivice Commission, as they are now written, or as they may be revised, amended or supplemented.

11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL

The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the t~><?t tbe~ ...

Custome(s receipt of a certificate of occupancy. } Jj/:}:: }:?~

~~ v;0o,r =, ,_, MtDHl Witness (Date)

Witness (Date)

73

@ WR# 3981578

FPL

Date _______ _

Florida Power & Light Company 3301 ORANGE AVE FT PIERCE, FL 34947

Re: Installation of Underground Electric Distribution Facilities Project: SRA TRANSIT FACILITIES Florida Power & Light Company Work Request# 3981578

Dear DENNIS G. PAGANO:

This is to notify you that the site at the aforementioned project is ready for the installation of your underground electric distribution facilities:

1. The underground cable route has been cleared of trees, stumps and other obstructions.

2. The cable route has been filled or cut to within 6" of final grade.

3. Grade stakes have been set along the cable route marked to indicate final grade.

4. Lot lines and corners have been staked as you requested for reference to locate the cable route.

5. Any grade or reference stakes found missing will be replaced by our surveyors at your request.

6. All flooded areas have been drained.

7. All underground facilities have been staked within 2 feet of their location along the cable route. Stakes are marked with depth, size and type of facility.

8. The above conditions will be maintained throughout construction of FPL facilities.

Signed for Owner/Developer

74

' ' ' ' l

r CJYlllt"lll vvupv,,

/61•1•12 •••• 374907 •••• 854244285318 •••• 84• 1•1•1 General Mail Facility Mi;:imi FL. 33188-0001

B 01012 0000854244 3 4 01 01 01 Please mail this portion with your check


ST ATE OF FLORIDA COUNTY OF INDIAN RIVER 1801 27TH ST BLDG A VERO BEACH FL 32960


INVOICE Customer Name and Address


STATE OF FLORIDA COUNTY OF INDIANRIVER 1801 27TH ST BLDG A VERO BEACH FL 32960

CURRENT CHARGES AND CREDITS

Customer No: 374907 Invoice No: 854244

DESCRIPTION

DSB GUST CONTR NEW CNST WO 4395 43RD AVE WR 3981578 9767-42-438

For Inquiries Contact: DENNIS PAGANO Phone: (772) 489-6204

Messages

Florida Power & light Company General Mail Facility Miami, FL 33188-0001

Gust. No.: 374907 Inv. No.: 854244

Payment Due upon Amount Due Receipl This Invoice

07/13/2011 8,135.82 WO Reference #: 9767-42-438

Make check payable to FPL in US funds and mail paymenl to address below

FPL GENERAL MAIL FACILITY MIAMI FL 33188-0001

Federal Tax 10#: 59-0247775

Custom.er Number:

Invoice Number:

374907

854244

Invoice Date: 06/13/2011

B 01012 0000854244 8 4 01 01 01 Please Retain This Portion for your Records

QUANTITY PRICE

1 8,135.82

Total Amount Due

Payment Due upon Receipt

AMOUNT

8,135.82

$8,135.82

07/1312011

75

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

DEPARTMENT OF PUBLIC WORKS Division of Facilities Management

Date: June 23, 2011

To:

Through:

From:

Subject:

Joseph A Baird, County Administrator

Christopher R. Mora, P.E., Public Works Director

Lynn Williams, Facilities Manager/Project Manager

RFQ 2011020 Design Services for Jail Fir

BACKGROUND:

CONSENT

Indian River County Purchasing Division issued a Request for Qualifications (RFQ 2011020), soliciting submittals from qualified engineering firms to perform design services required to replace the existing fire alarm at the Indian River County Jail. The Board approved the agreement with Hughes Associates, Inc of Orlando for the design services in the amount of $44,226.00 at the February 8, 2011 meeting.

The existing system design includes interface and control of smoke evacuation fans for the inmate housing units. Documentation of the actual interfaces, control sequences and operation were not included in the original scope of work and are required to provide a complete set of bid documents that will minimize change orders during construction. Staff originally anticipated that this information was available and attainable through the fire alarm maintenance company and as built records. It is now apparent that it must be field verified by the design team.

The attached proposal will allow completion of the design and solicitation of bids for the replacement work

FUNDING:

Funding for this project is available in Account #31522019-066510-10010, Optional Sales Tax/Facilities Maint/Jail Fire Alarm System. For Fiscal Year 2010-2011, $250,000 has been budgeted for this project.

RECOMMENDATION:

Staff recommends that the Board approve the Proposal as an amendment to the original contract for additional design services with Hughes at an amount not to exceed $9.600.

ATTACHMENTS:

Proposal from Hughes Associates, Inc.

Approved Agenda Item For: 7/5/11

Indian River Co. Approved Date

Administration County Attorney Budget Department Division

F:\Public Works\Luanne M\Facilities Management\Jail\Jail Fire Alarm Design Services additional services BCC Ann 06-27-11 dnc

76

June 28, 2011

Mr. Lynn Williams Facilities Manager 4305 43rd Ave Vero Beach, FL 32960 Office (772) 226-3490 Fax (772) 226-3495

Re: Smoke Control Test, Indian River County Jail

Dear Lynn:

303 East Par Street, Orlando, FL 32804 USA Phone 407-647-3737 1 FAX 407-647-4929 1 www.ha1f1re.com

Via Email:[email protected]

As requested we are providing this proposal to provide engineering services for the above referenced project.

SCOPE OF SERVICES

HAI will perform the following work:

l, HAI will perform site surveys and functional testing of the smoke control system. HAI will determine and document the sequence of operation that presently triggers a smoke control response, This will need to be done in conjunction with your facility maintenance staff.

2, Review the original as-built drawings, as available.

3, Identify and document the location of smoke control fans and motor starters or relays (if any),

4, Identify and document fire alarm and sprinkler system interfaces that will need to be connected to the existing smoke control system. HAI will only document features that relate to interface with fire alarm system,

Baltimore/Washington I Cincinnati I Denver • Los Angeles I Minneapolis I New York • Orlando • Providence I San Jose Milan I Singapore

77

5. HA.I will revise the fire alarm system drawings and specification to reflect the field identified sequence of operation and smoke control interface.

ADDITIONAL WORK Services in addition to those specified above in "Scope of Services" can be provided for additional fees. Additional services include, but are not limited to, the following:

I. Meetings and site visits in addition to those included in the scope of work above. 2. Design of smoke control system.

CLIENT'S RESPONSIBILITIES

This proposal is based on the Client providing the following:

I. Access to the site and personnel with Im ow ledge of the building and systems and necessary equipment, such as ladders, etc.

2. Existing drawings for the smoke control system, if available.

TERMS AND CONDITIONS

The Scope of Services outlined above will be performed on a time and materials basis at the labor rates listed below. Reimbursable travel and expenses are billed at cost and are in addition to the fees for professional services. The not to exceed cost (including travel) estimated is $9,600. Written approval will be obtained from the client prior to exceeding this value.

Staff Engineer ....................................................................................................... $125/hour Senior Engineer ..................................................................................................... $155/hour Principal ................................................................................................................ $225/hour

Reproduction expenses will be billed at cost, if necessary. Monthly invoice will be submitted based on the percentage of work completed. Return of a countersigned copy of this letter constitutes agreement with the terms and conditions of this proposal. This proposal is valid for 30 days.

HAI invoices shall be paid in accordance with the Local Government Prompt Payment Act F .S. 218.70 et seq.

To indicate acceptance and to authorize initiating of services, return a countersigned copy of this agreement to Hughes Associates, Inc., 303 East Par Street, Orlando Florida 32804.

If there are any questions, please contact Hamid R. Bahadori, Director, Code Consulting Services at (407) 647-3737. We look forward to working with you on this and future projects.

HUGHES ASSOCIATES, INC.

78

RESPECTFULLY SUBMITTED BY HUGHES ASSOCIATES, INC.

Hamid R. Bahadori, P.E. Director, Code Consulting Services

REVIEWED AND ACCEPTED BY:

Name:

Title:

Company:

Signature:

Date:

06-28-11 Date

HUGHES ASSOCIATES, INC.

79

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


BOARD MEMORANDUM


Christopher R. Mora, P.E. ~ Public Works Director

James D. Gray,Jr. ~ Coastal Engineer ~

CONSENT

Sector 3 Beach and Dune Restoration Project Change Order #5 - Contract Extension Ranger Construction Industries, Inc.

June 27, 2011

DESCRIPllON AND CONDITIONS

On February 2, 2010, the Board of County Commissioners awarded a contract to Ranger Construction Industries, Inc. (Ranger) to construct the Sector 3 Beach Restoration Project. The project was to mine sand from upland sand sources, and then haul the sand in trucks to the beach. On August 3, 2009, the Board awarded a contract to Ranger

in the amount of $7,270,807.

On March 23, 2010, the Board approved Change Orders #1 and #2 which raised the contract price from $7,270,807 to $10,319,234 due to additional costs associated with dredging, sand processing/ testii:ig and increased sand volumes necessary to fill eroded sections of the beach.

On October 19, 2010, the Board approved Change Order #3 which provided a partial payment for stockpiled sand at the mine, but did not increase the overall contract price which remained at $10,319,234.

On April 5, 2011, the Board approved Change Order #4 which granted a fuel cost adjustment of up to $1.01 per cubic yard for Phase 2 sand. Change Order #4 increased the overall maximum contract price to $10,582,920.

F:\Public Works\JamesG\Sector 3\Change Order\Agenda Item\FJNAL Beach Sector 3 Change Order #5 BCC 07-05-11.docx

80

Page 2 Consent Agenda Item For 07-05-2011 BCC Meeting Sector 3 Beach and Dune Restoration - Change Order #5 June 27, 2011

As discussed at the Board of County Commissioners meeting of May 3, 2011 and as recommended on May 16, 2011 by the Beach and Shore Preservation Advisory Committee, staff and Ranger hereby submit a formal extension to the construction contact which expired on May 1, 2011. Change Order #5 extends the construction contract between Indian River County and Ranger to May 1, 2012, at no additional cost to the County, and identifies the following:

Change Order #5:

• Extends the construction contract between the County and Ranger from May 1, 2011 to May 1, 2012, and

• Eliminates any additional mobilization, demobilization or fuel adjustment charges by Ranger or its subcontractors for the duration of the project, and

• Provides prepayment for stockpiled Phase 2 sand (not-to-exceed 108,000 cubic yards @ $7.50/cy = $810,000) including the Fuel Price Adjustment as approved by the County on 04/05/2011, and

• · Provides for payment to the Contractor for sand testing at the mine in the event the County does not receive a Florida Department of Environmental (FDEP) notice-to-proceed. The cost for sand testing is $500 per 3,000 cubic yard sample. Based upon the remaining total Sand Fill quantity of 108,000 cubic yards, such payment shall not exceed $18,000 [(108,000 cy / 3,000 cy) * $500 = $18,000)

The County's coastal engineering consultant, Coastal Tech, has evaluated Change Order #5 and recommends approval.

FUNDING

Through an lnterlocal Agreement, The Sebastian Inlet District has contributed $4,680,000 towards the local share of construction costs for the Sector 3 project.

Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the project is available and budgeted in the Beach Restoration Fund, Sector 3 Beach Restoration Account No.12814472-033490-0S054.


81

Page3 Consent Agenda Item For 07-05-2011 BCC Meeting Sector 3 Beach and Dune Restoration - Change Order #5 June 27, 2011

For Design, Construction & Monitoring, $13,152,750 is budgeted from all sources. Based upon the contract price of $10,582,921.67 the total estimated cost of the project including Design, Construction,

Monitoring, & Mitigation equals $15,126,018, which exceeds the budgeted amount by $1,973,268. Please note that: the $15,126,018 total includes $1.6 Million in Mitigation cost that may not be needed. Additionally, these funds would not be expended until December, 2012 which would allow one additional year of tourist tax revenues and other sources as budgeted, to accumulate for this purpose.

There is currently no state cost sharing approved for this project. FDEP has agreed that the project will qualify for 50% state cost sharing, however the FY 2011°2012 state budget,cycle does not include funding for Sector 3 construction. Under the rules of the cost sharing grant program, the County can construct the project with its own funds and then has up to 3 years to seek reimbursement under the cost sharing program.

RECOMMENDATION

Staff recommends that the Board approve Change Order #5

ATTACHMENTS

Change Order #5 (two originals)

APPROVED AGENDA ITEM Approved

Indian River County

FOR July 5. 2011 Administration

Budget

Legal

Public Works

Coastal Engr. Division


82

INDIAN'~IVER COUNTY(County) Change Order No. 5 ·

PROJ:ECT: SECTOR 3 BE;,\CH ANDDUNE RESTORATION

CONTRACTOR: ~GJDR cci~l'.f•RDCJJlON JN}jlJSTRIES, INC. (R;j.iiger) <t~io1it~ADR~}~Ji1r:F~~FF' RO AD i • .. · . .... · .··· ·. · . FT,flERCE,jit349t1

Tµer,~:=n~f&!tt,lii{td':6~,~,.;~etw~d#:ke .. coi{µ~;$nd···~ger from'.»I#Y 1, .201·1 to

May 1, 2lr'l.$, @q< • .. •·····••i·•· .. ·.... . . · ..... ·····... . . . > • E:1iminat(l, ajiy< ~l.Ml~QP:fli m9~tllta~pn,• .feJTIP.\Jil~*~911' pr fuel adjus@e)it charges by

Ranger oi: iti sµl5eojffi*¢tors fqr(f!ie 4µxiifibri ofthe P}'9J¢et, and· .. ·. · • Provide l'l~CJl,f)'fri~~kforstoc~jli;~PIµsi2 sand in¢{~dirrgthe Fuel Pciei:; Adjustrnentas

irmprovecf,lJ!Je Qpµnty on 04Y0W~Ojl,•.~d . . . ··•.·· ·. ·. ··. . . .. .. • i • .· Prpvide f ot-ptfyilltnUothe cohttl~tl'>r-f Oif. sand tesfiri~'at. the mine ID the eventthe Goµnty

<ict~s not rec~1ve·~ iiptfoi~to-proie~d. - . .. .. .... . . ... . . . - ··- . - - _, ~--·--···---------· . - -··-< ,_- __ .' ·,. --- ,----- - ---·-, .. ·-- ,- •,--- . ----.. ,·--- -· ,------· • .....

It is un<;!¢rstQod tJm([email protected]·filrto b~ pfovided undef thlsCilahge Ofiilc\r is to be 6Wtained by the Conttagt0r from 1:li¢. R.Mch R:qad Mine. .

T\e cx:is~ng, c;on!t~\lt wi.t)t~~gcr.el(p!l'ecton)Y:fii.~ l, 2011. IBh<mgc Qrcl~r No .. ~ effec~tcs an eiteii;'$.lli!):).'Qft~me•t0··~<l· C0i:J.~trrti,Jion¢.Ql,11'l,'i.t¢t•J!1ewitlentheGonJ1IY and~]&aµgerto~~jl; 2:'0lQ·.·.

I}y ¢)5,e.cu.t!'ln of ($11~g¢\~riiflYJ.No. ·s; ~~¢r, agr,¢e~ that. no ad!ijtionalcost$.•wi.ff"~e. inCutr¢d•·oy th~ Qgun~ for !ll0h1li2!1ti~.)'if:.d~m0bilJ%.irJi0n of dregges and cqlljpn,ent needed to, c;on,pl¢te , tli.e wpr!< ip ~~rer;najp.itJJtsc.c,tjm.1s of P{!a1,t;: 2. .

Brie~Ra~JB.~nt.,foi;,:st~ckpil~d~:iih~se.c2,Sind• , <, ,, .. • "\•-·, ~ .,,,, ., :··., - ·• ·•"·' ··,,," •-· ~.0 •. , ,.<,!--,,·, :_ .• ·.'- .. ' '• .'" - '· ,.;~. '•

Basefil!'0hthe Jlimiafy:. 20,ht $iji,eJ:fflJ.eitl4; 2@]!(} siifvey, . the estirriattid·saridvolµme require a. to cdiitpl~t~ili.e' Plro}i!H is·.•z9~~ /io0&@ie ·· ya¥dii · ~t tncFP!lase 1·· fill ateafilitl 2Wo,S132to~;dao tuofo·

· · · · · x!li!llt;{l'?JMtj!\J.Ji\h~c 2 fi}kM\\(l!. .. ·

F.liits.e;J;

~~'s'fotal re4µeste~~~~iit ta sfopkpi'le Phase 1 (R.mehRg~ mme) sand is $220,930 e;1~~~ti.~,~¥~s'l['3l'¥:S9f~Miie'~J. · . · · . · · ... · ·

83

r,_·

S&tor 3 Beach and Dun¢ Restoration Proje¢t Page 2 of 5 Cha:(ige Order No. 5

PreJlll'lfilent Nofte Birneed Total Phase I $220,95()

Pliasea

R~g~r's total req11est¢41rlt.epayment to stoc;[s.~pe Phase 2 (Ranch Road mine) s.and is $975,000 $§,t~\000 (130;000108i00'0:-Cubic yards x $7:$0/cubic yard).

R11~~~,s to¥{f I~glfll~~&w~~$jraymom te siJ~i!e Phase 2 (lfaW~ ffiffiej . sand is $43T;200 ct~:~9~ eueie yaid$ l[ · $~:l'i:l:f6lllie yard):

... ,, ifrepayfu~~t,N<i1@f~:~ii.eeed tothld'~ff~~~:~ $1 · 406 ;zoor~~J~~~~~b. ·.

,,~~~-~~'i" ~.'f.t'Ji

84

Sector 3 Beiich and DiµieRestofation Project Change Ord~rNo. 5

P~ge 3 of5

fees comnieri.cing Ma)" 1, 20liJ. Ranch Road (Ujd Fiseher hayehas signed this ch<l,llge order below for the sole purpose of agreeing to the terms of this "Ownet~hip of Sand" provisibi't.

[email protected] pro~\/~fkY>i:th .t]ie work UA9Jlr. this Ch@ge OrJ\/•· No. S imd corn,/li/iridiiigly su.bmit .i\.pplicati~p§••Jqr J'!~pa.yment . 01)•. a bi-weekly b.a.~.i~><to begil), sn . tl~9ft. Phaqe i'¢r,p9~('.\!lY, OHO~'-~% I')~ issues a HElUGe ts {ifEl~eed for.· ~<!.eh . Phase f0Sfl06tl¾~ly. upon executi6n.of Charii~2©tderNo. 5 .

. ·:;.',~C.:,·,t:·:.-.

Fiiifipffo.e;l!atii~tmeKt•i~ii)ili~d;fo:Sto.ekjjiI~d~l?hase 2.Sand ;; -- ;, ·'. ·, .. ; '. ,•,-,-... ' - . . ,•· '"'"""""••,·· ,' "'" "' .. - '' .... _, . ' ' ' ,,, ,· .,-. . . ,. - ,_ . -

c!iie•o¥a'ilio. 4 .. pfif ili~~•!fre.iirtendetlia~:~dflowii

.lJlfr~Rlfiii'c1,lA\d:j,\fg~ ------ - - . ---•--,-----,-- ____ . __ ... _, .;,-·--··-·-- . ···-··- ---·--. __ , -----·-•-'

· ,-. --•-~--""'a,•,,:a.1,v_

•

· -l,tf;i Sedim.ent..SiUi:i.ple'I'.estii'lg

.. ,. , " ... ,_ ·,··;_,.~'-~'}:,'_/' ',_, '_.,_,·;•;;ec,,' '",..--_ ,• .. ' .

Sectipµ· 5.3. of,.4ieTf¢lyai~ali~~~ifl,catiol)Sl$~ t1te .. J§~~int~~LfI)l¥lQC ··111anrt\qilh-~;~tt,ne ·~ontf11pt9r t~~tfsi~·a,fti~::nµtr§.PQ?t:fq:iriw~fiq~~I?V~,~;;t~;tl}~",~~11ch:11ii/tlle •eyijtf t~iitJftt· ·· Florida_ Dep~@nt . pf lt;p.viroajµ~n@. Proje~t @;IDE?:) d~~s n0tissµe a Nqtice•tocPr0c;~\:O. • to

. CO!lll)leti 14i Wifi~ ~ th~:tiJJJ~!1ing.,%~CtiQ11$ of th~•ihfl&ej]r~j'eJit; .. . . . . .•. . . " .. · ' •······ . . ·-·----·-·---_:_ ·---~_.:._ '_ ,,-·.,_: :·- ·-----'------· ... -- -_- __ .:_~·, -___ -_·_:_:_·-c-------~-'--'~•-· -.... ,,----~~ ---· ..... -····. -----. ----

2.

85

J

G~~QONT&t{§1'fRI_ijj

-- "· •;M\irocE $1Q;58.2,921/f,7 •. \_

--·$o

csi1Jtz--.. ··;.-,.-~.

,i~s~ti~~~~wt~N ;> -'"''.~tlle- ~j~¢_i:XI~~- _ 1h@)<ri~iff,·~~-!~a§~~b1~,[email protected]~j~¢~~jiti;i'ii••-

·<-

~ii~ijt•. -l,tl1ii~eim.ft~:~<~~i~f 4~~ v,iljp~~~~~tijJ!\ixi~~-~ ·

--------~~----~-------~--------------- ---:-·-~---·----· ·----

86

,.. .• . - .

Sector 3 J3ea.,:h andDune Restdration Project ChangeQi;-d,~r No. 5

MINE'SAPF'ROVAL

Page 5 o{5

The mi;m,,o.wner and operator has signed below indjcating their agreement with "Ownership of Sand" pr¢yi$ion above .

. - . ·[;.· •, .. -,,·,·.

RANCH,RQAD LAK~ MINE

······-+---·--~ ...... _.,,_; ·······•."--·-

ATTEST: JtJffrey Kc Barton, Gler!< of Court BOAR]) OF COUNTYi@iDNlMISSIONERS· --:·.:.·•--:_,.' -.--·· -· . • - :. · ·.·. ·., · .:·.-·.~.,;.·1;;,·:,·.-,c' : : · ·.· •·. ··.-- ·:- .. - - '

INDIAN RIVERCOUN'FY\FLORIE>.A

Apprm,ed:

---------··--·----

87

?Jiis is to certify that

'l(atnfeen Stricftfana

is fiere6y presented tnis

CR,§tirement JI ward

for outstantfing peifonnance and '

faitlifu[ service to

I nd"ian (Jl.j:ver County <Board" of County Commissioners

Por twenty~nine years of service

On tnis 23rd" day of June 2011

7diuliae[ Zito Jf.sistant County )!tfministrator

IJ3o6 Safari IJ3oartf of County Commissioner, Cliairman

PROCLAMATION HONORING KATHLEEN STRICKLAND ON HER RETIREMENT FROM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES

WHEREAS, Kathleen Strickland, after 29 years of employment, is retiring from Indian River County Department of General Services effective June 23,. 2011; and

WHEREAS, Kathleen Strickland is employed as the Senior Mail Clerk. She began her employment with Indian River County on March 24, 1982, as swltchboard operator; and

WHEREAS, Kathleen Strickland has served thix_ County with dedication, attention to detail, accuracy and care in the performance of her duties; and

WHEREAS, Kathleen Strickland has provided services to· both the public and· staff in a pleasant' and efficient manner, with a spirit of cooperation and a willingness to help all. She possesses the qualities and work ethic all county employees should strive to attain; and

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOAR.D OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Kathleen Strickland's efforts on behalf of the County, and the Board wishes to express their appreclation for the dedicated service she has given to Indian River County for the past twenty-nine years.

BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors!


TO:

THROUGH:

FROM:

SUBJECT:

DATE:



Christopher R. Mora, P.E., Public Works Director G.,v-Christopher J. Kafer, Jr., P.E., County Engine~

Release of Retainage - Work Order No. 18 (Engineering) with Bridge Design Associates, Inc. for Old Dixie Highway Sidewalk from 38th Lane to 65th Street IRC Project No. 0845

June 23, 2011


On June 1, 2010, the Board of County Commissioners approved Work Order No. 18 with Bridge Design Associates, Inc. to provide design for the extension of two (2) box culverts along Old Dixie Highway for a Local Agency Program (LAP) sidewalk project for a lump sum fee of $10,495.00.

Bridge Design Associates, Inc. has completed the project and has been paid $9,445.50 to date with $1,049.50 held in retainage. Bridge Design Associates, Inc. has submitted Invoice No. 10539NR, dated 6/6/2011 in the amount of $1,049.50 for release of retainage.

FUNDING

Funding is budgeted and available from Gas Tax/Secondary Roads Retainage Account No. 109-206000-10007 - Old Dixie Highway Sidewalk 38th Lane to 65th Street.

RECOMMENDATION

Staff recommends payment of Bridge Design Associates, Inc. Invoice No. 10-539NR, dated 06/06/2011 in the amount of $1,049.50.

ATTACHMENT

Bridge Design Associates, Inc. Invoice No. 10-539NR

DISTRIBUTION

Brian C. Rheault, P.E., Bridge Design Associates, Inc.

APPROVED AGENDA ITEM:

July 5, 2011

Indian River County

Administration

Legal

Budget

Public Works

Engineering Division

F:\Public Works\ENGINEERING DIVISION PROJECTS\0845-0ld Dixie Hwy Sidewalk US1_69th (LAP)\Admim\agenda items\BCC Bridge Design WO No 18 Release Retainage 06-23-11.doc

90

BRIDGE DESIGN ASSOCIATES, INC.

Bill To

Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Christopher Kafer, P. E.

CONSULTING ENGINEERS

Invoice BRIAN C. RHEAULT, P.E.

President

Date Invoice #

6/6/2011 10-539NR

Description Amount

FOR ENGINEERING SERVICES ON: 1,049.50

OLD DIXIE HIGHWAY SIDEWALKS 138th Lane to 65th Street)

WORK ORDER 18

Contract Amount: $10,495.00 Fees Earned to Date: $10,495.00 Retainage Held: $1,049.50

RETAINAGE DUE: $1,049.50

~~~~1™7~[Q) JUN - 8 2011

INDIAN RIVER COUNTY ENGINEERING DIVISION

Please Mail All Correspondence To The Address Below Total $1,049.50

1402 Royal Palm Beach Boulevard• Building 200 • Royal Palm Beach, Florida 33411 (561) 686-3660 • Fax: (561) 791-1995 91

CONSENT

DATE:

TO:

THROUGH:

FROM:

SUBJECT:


MEMORANDUM

June 8, 2011

The Honorable Board of County Commissioners

Joseph A. Baird, Couuty Administrator

Michael C. Zito, Assistant County Administrator ,A/~ Department of General Services / Parks Division~

Request for Direct Purchase of Shower/Restroom Facility at Indian River County Fairgrounds in Lieu of RFQ

DESCRIPTION AND CONDITIONS On April 13, 2011 the Board of County Commission approved Miscellaneous Budget Amendment 014(5) in the amount of $300,000 allocated from impact fees to construct a shower/restroom facility at the Indian River County Fairgrounds. On May 10, 2011, the Board of County Commission granted unanimous approval authorizing staff to issue a Request For Qualifications ("RFQ") for design build services to complete the Fairgrounds Restroom Shower Facility Expansion Project. During the preparation of the RFQ, the purchasing department discovered a prequalified contract between CXT, Inc. ("CXT") and Leon County.

CXT Precast Concrete Products manufactures restroom, shower and concession buildings in multiple designs textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes. All CXT buildings are designed to meet A.D .A and to withstand high wind loads in accordance with local standards. The buildings are prefabricated and delivered complete and ready to use including plumbing and electrical connections. On October 5, 2010, the BCC approved Change Order No. 1 to Bid Contract No. 2010024 with Tim Rose Contracting Inc., in the amount of $161,172.77 to complete necessary water and sewer renovations to the existing camp sites. The project also installed sewer and water connections at the site of the proposed restroom and shower facility to reduce the cost of completing this expansion project.

ANALYSIS The proposed purchase order is for construction and delivery of a prefabricated concrete building readily available through direct purchase that would meet the specifications and floor plan desired to complete the project at a considerable savings. The RFQ for this project has not been advertised. Staff originally estimated the design build process to cost between $275,000 and $300,000. The cost estimate was based upon a general quote from a contractor who was already mobilized on site and was evaluated under the prospect of a change order. It was later determined that the underlying project was too remote in scope to qualify and that it would be best to proceed by RFQ, however, the proposed direct purchase alternative will complete the project much faster and at a cost that is over $75,000 under budget. The price quote from CXT is attached including delivery of a turnkey completed shower restroom facility at a cost of $187,808. CXT

92

will be utilizing local contractors to perform site preparation work at an additional cost of $34,333. The total cost of this project including delivery, installation, and site work is $222,141. The price quote includes an additional discount negotiated by Staff to reflect current market conditions. In 2009, Leon County purchased a similar model for $213,199, without site work. The Publicly advertised Leon County contract #BC-07-16-09-51 qualifies as a "piggyback" contract for direct purchase from the same vendor.

Staff also received a quote for a comparable poured concrete structure from Romtec Inc. in the amount of$340,423.86 priced using GSA pricing. Due to cost, this quote was rejected.

FUNDING

On April 19, 2011 the BCC unanimously approved Miscellaneous Budget Amendment 014 to appropriate $300,000 from Impact Fees Cash Forward - October 1st

. Funding for this project is available from this allocation.

I Impact Fees/Parks/Fairgrounds Restrooms I ACCT# 10321072-066510-l 1004

RECOMMENDATION

It is recommended that in lieu of proceeding by RFQ, the BCC authorize Staff to proceed with the direct purchase and installation of a shower restroom facility from CXT, Inc. in the amount of $222,141. to be installed at the Indian River County Fairgrounds.

ATTACHMENTS

I. CXT price quote for Shower Restroom Facility 2. Contract between Leon County BCC and CXT, Inc. 3. Romtec price quote - Rejected

DISTRIBUTION

David Fleetwood, Park Superintendent Jerry Davis, Purchasing Manager


FOR: ...'¥,~'#,.._fd_.,...til..ldlJ. __ _

BY:

Indian River Countv Administration Budget Legal Department Risk Management

Approved Date

I:.)\ I/. ';)•1/ II .r /J-, t 'f" ,,{ ' t.

,,.,, . ) I•

/,~QU f;:;,j ~.,, 7, ~+-%,e_,#.:z.. Gl:z1/;1 ~ - -

93

Page 1 of4

Quote#: JCHA40094Q-1 Mailing Address:

.,-YAp'® •~ , Inc. an L.B. Foster Company

CXT Incorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216

To: Indian River County Indian River County Parks Division 5500 77th Street Vero Beach, FL 32967

Phone: (800) 696-5766 Fax: (509) 928-8220 Date: 06/14/2011

Attention: David Fleetwood Phone: (772) 589-9223 Fax: (772) 589-6119

Re: Price is equal to or less than CXT's GSA Contract# GS-07F-0602N & Leon County Contract# BC-07-16-09-51.

Our quotation for the Cheyenne Flush Building building is as follows:

FOB:

Terms:

Notes:

Cheyenne multi-user shower/flush building with optional simulated rib metal ( Bayberry Green) roof and split face block ( Downy Gray) wall texture, two tone color, seven 16-gauge galvanized steel doors and frames, vitreous china plumbing fixtures (4-lavatories, 6-water closets, 2-urinal, 1 sis ADA shower, 3-s/s showers), 4-FastAir hand dryers, tile floors throughout, marine package, five 3-roll toilet paper holders, six exhaust fans, five GFI outlets, nine floor drains, four s/s mirrors, stainless steel windows and weld plates in shower rooms, two 80 gallon electric hot water heaters, ADA grab bars, ADA signs, ADA shower benches, ADAdrinking fountain,. one hose bib in chase area, and motion controlled interior lights and photo cell controlled exterior lights.

Freight FOB Destination. Price includes delivery, off-loading and setting the building on a customer prepared pad and utility stub. Final connection of utilities included.

Net 30 with Credit Approval.

Per Building

$187,808.55

$187,808.55

Site Prep: Price for site preparation for your Cheyenne bathhouse to be located at IRC Fairgrounds is $34,333. Project consists of but is not limited to preparing utility pad and stub ups, drawings for permitting civil/MEP, utility tap fees, CXT liability Insurance for off-loading and setting the building, 6 foot concrete apron around building and clean up. Sales tax not included

Number of Units:

This quotation is subjecno the conditions on the attached sheet and the terms hereof shall constitute the exclusive agreement of the parties and all conflicting or additional terms in Buyer's purchase order or any other such documents of Buyer shall have no force or effect.

Accepted this _______ day of ________ 20 __

By: _________________ (Customer Name)

__________________ (Signed)

L.B. FOSTER COMPANY

By ______________ _

Jeff Chambers [email protected]

94

Quote#: JCHA40094Q-1 Page 2 of 4 CONDITIONS OF SALE

1. Taxes rices exclude all Federal/Stateflocal taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption.

2. Payment Terms

Payment to CXT by the purchaser shall be made net 30 days after the submission of the invoice to the purchaser. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or_(ii) 1.5% per month will be charged monthly on all unpaid invoices beginning the 35th day (includes 5 day grace period) from the date of the invoice. Under no circumstances can a retention be taken and purchaser shall pay the full invoiced amount without offset or reduction. These terms are available upon approval of credit. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys fees associated with such litigation, including the fees and costs of any appeal.

3. Quotation Term

This offer is subject to acceptance within 60 days from the date of this quotation. After that time, prices are subject to change without notice.

4. Drawings

Prices do not include any documentation other than standard drawings, packing lists, and invoices, unless otherwise stated in quote. Special documentation, reports, or submittals can be supplied at an additional cost. If additional engineering, engineering seals, state approvals, drawings, or insignias are required additional charges may incur.

5. Delivery

Delivery will be scheduled immediately upon receipt of written customer approval of all building submittals, building worksheet(s) and signed contracUpurchase order. In the event delivery of the buildings ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of which will be as per item 2 in our quotation. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and installation costs increase due to changes in the delivery period, this increase in cost wilt be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more than 45 days after the agreed to schedule and through no fa alt of CXT, then in addition to the remedies above, a storage fee of½% of contract price per month or part of any month will be charged.

6. Fuel Costs

Fuel costs for crane and freight have been quoted at fuel prices furnished at the time of quotation. If at the time of delivery and installation these costs have risen, CXT reserves the right to adjust the freight and crane costs to reflect the fuel costs furnished at the time of delivery.

7. Responsibilities of the Customer

A. Stake exact location building is to be set, including orientation.

B. Provide clear and level site, free of overhead and/or underground obstructions.

C. Provide site accessible to nonnal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements.

D. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles from State highway and/or main county road to site. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perfonn delivery and installation.

E. Customer is responsible for all permits required.

8. Access to Site

Delivery will be made in normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck equipment for any reason, CXT will negotiate extra costs to ensure a safe and quality installation to the chosen site or will agree to an alternative site with better access.

To safely offload the facility referred to within this quotation, CXT must have clear and unobstructed access next to the gravel pad or hole where the facility will be placed. CXT is not responsible for cracked or damaged roads, driveways, sidewalks or aprons that are in the path of the delivery trucks or cranes at the final offloading site. Should CXT be required to obtain a larger crane than quoted due to site amenities or hardscapes, CXT will charge the customer the difference between the crane originally quoted, and the one that was hired in order to successfully offload the facility safely and efficiently.

9. Installation

A. If the customer opts to have full installation of their new building, CXT will provide a backhoe trailered into the site, and prepare the customer site at the marked hole/pad area. The crane will arrive and set up next to the hole/pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. Installation crew then performs all necessary excavation, backfill, compaction, site grading, and connection of utilities (if applicable). Please note: additional time and any special equipment needed by the installation crew for unscheduled site work will be billed to the customer. This work must be approved by Customer Field Representative by signing the Additional Work Required section on the Building Acceptance Form.

8. lf the customer opts to prepare the hole, and do earthwork preparation for the site, the customer will move all excess dirt to allow access by the crane and semi-truck. The crane will arrive and set up next to the hole/pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto

95

Commissioners

BILL PROCTOR

District 1

JANE G. SAULS

District 2

JOHN DAILEY District 3

BRYAN DESLOGE

District 4

BOB RACKLEFF

District 5

CLJFFTIIAELL

At-Large

AKJN AKINYF,MI

At-Large

PARWEZALAM

County Administrator

HERBERT W.A. THIELE

County Attorney

Leon County Board of County Commissioners 301 South Monroe Street, Tallahassee, Florida 32301

{850) 606-5302 www.leoncountyfl.gov

September 30, 2009

Mr. Jeff Chambers CXT, Concrete Buildings, Inc. 3808 N. Sullivan Road, Bldg 7 Spokane, Washington 99216

Purchasing Division 2284 Miccosukee Road

Tallahassee, Florida 32308

RE: Award: Pre-Fabricated Concrete Flush Toilet Buildings, Continuing Services Bid Number: BC-07-16-09-51

Dear Mr. Chambers:

Please find enclosed your company copy of the fully executed agreement referenced above. Also, please take note that upon receipt of any additional required documentation and satisfaction of any other start-up requirements, the County Project Manager will provide you with a written Notice to Proceed giving further instruction on co=encement of the project.

We appreciate your interest in serving the citizens of Leon County through these contractual services. If I or my staff can be of further assistance, please do not hesitate to call.

Sincerely, . . ~

(£~rt~ Purchasing Director

enclosure

An equal opportunity employer

96

AGREEMENT

THIS AGREEMENT dated this 8th day of September, 2009, by and between LEON COUNTY, a charter county and a political subdivision of the Slate of Florida, hereinafter referred to as the "County" and CXT, INC., hereinafter referred to as the "Contractor."

WHEREAS, the County has determined that it would be in the best interest of the citizens of Leon County, Florida, that the County be able to utilize the services of private persons when such services cannot be reasonably provided by the County; and

WHEREAS, the County has determined that it would be better to contract for these services than to hire the necessary personnel to satisfy the needs of the County: and

WHEREAS, in order to secure the lowest cost for these services, the County has sought and received competitive bids from contractor for such services ..

1.

NOW, THEREFORE, the parties hereto agree as follows:

SERVICES TO BE PROVIDED

The Contractor hereby agrees to provide the following services to the County: Prefabricated Concrete Flush Toilet Buildings. Continuing Supply in accordance with the plans and specifications for Leon County Bid# BC-07-16-09-51, said bid being Incorporated into this Agreement as Exhibit A, which is attached hereto and as if fully setout herein, but only to the extent it is not Inconsistent with the Agreement..

2. WORK

Any work to be performed shall be upon the written request of the County Administrator or his representative, which request shall set forth the commencing date of such work and the time within which such work shall be completed.

The performance of Leon County of any of its obligations under this Agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of this Agreement for the current and any future periods provided for within the bid specifications.

3. TIME

4.

5.

The Agreement shall be for a period of three (3) years, commencing on October 1, 2009, and shall continue until September 30, 2012. After the initial three (3) year period, at the sole option of the County, this Agreement may be extended for no more than two additional one (1) year periods. Such one (1) year extensions will be automatic unless the County provides written notice of nonrenewal to the Contractor no less than thirty (30) days prior to the expiration date of the then current term.

CONTRACT SUM

The Contractor agrees that for the performance of the Services as outlined in Section 1 above, it shall be remunerated by the County according to the unit prices contained in the Contractor's bid proposal, Exhibit B, which is attached hereto.

PAYMENTS

The County shall make such payments within thirty (30) days of submission and approval of invoice for services.

97

AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY BC-07-16-09-51

6. STATUS

7.

The contractor at all times relevant to this Agreement shall be an independent contractor and in no event shall the Contractor nor any employees or sub-oontractors under it be considered to be employees of Leon County.

INSURANCE

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

A. Minimum Limits of Insurance. Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily Injury, personal injury and property damage. if Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (Non-owned, Hired Car).

3. Workers' Compensation and Employers Liability: insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws and Employer's Liability with a limit of $500,000 per accident, $500,000 disease policy limit $500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is required.

B. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either: the Insurer shall reduce or eliminate such deductibles or self-Insured retentions as respects the County, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages (County is to be named as Additional Insured).

a. The County, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protections afforded the County, its officers, officials, employees or volunteers.

b. The Contractor's insurance coverage shall be primary insurance as respects the County, it officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of the Contractor's

2

98


insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the county, its officers, officials, employees or volunteers.

d. The Contractor's insurance shall apply separately to each insured against whom claims is made or suit is brought, except with respect to the limits of the insurer's liability.

2. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or In limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County.

D. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

E. Verification of Coverage. Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies at any time.

F. Subcontractors. Contractors shall include all subcontractors as insureds under Its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. PERMITS

The County shall pay for all necessary permits as required by law.

9. LICENSES

10.

11.

The Contractor shall be responsible for obtaining and maintaining his city or county occupational license and any licenses required pursuant to the laws of Leon County, the City of Tallahassee, or the State of Florida. Should the Contractor, by reason of revocation, failure to renew, or any other reason, fail to maintain his license to operate, the contractor shall be in default as of the date such license is lost.

ASSIGNMENTS

This Agreement shall not be assigned or sublet as a whole or in part without the written consent of the County nor shall the contractor assign any monies due or to become due to him hereunder without the previous written consent of the County.

INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the County, its officials, officers and employees, from and against any and all 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 this agreement.

3

99


The County may, at its sole option, defend itself or required the Contractor to provide the defense. The Contractor acknowledges that the sum of ten dollars ($10.00) of the amount paid to the Contractor constitutes sufficient consideration for the Contractor's indemnification of the County, its officials, officers and employees.

It is understood that the Contractors responsibility to indemnify and defend the County, it officials, officers and employees Is limited to the Contractors proportionate share of liability caused by the negligent acts or omissions of the Contractor, its delegates, agents or employees.

12. AUDITS, RECORDS, AND RECORDS RETENTION

The Contractor agrees:

13.

a. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and property reflect all revenues and expenditures of funds provided by the County under this Agreement.

b. To retain all client records, financial records, supporting documents, statistical records, and any otller documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of the Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement.

c. Upon completion or termination of the Agreement and atthe request of the County, the Contractor will cooperate with the County to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph 1 above.

d. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the County.

e. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(1)(10), shall have full access to and the right to examine any of provider's Agreement and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained.

f. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

MONITORING

To permit persons duly authorized by the County to inspect any records, papers, documents, facilities, goods, and services of the provider which are relevant to this Agreement, and interview any clients and employees of the provider to assure the County of satisfactory performance of the terms and conditions of this Agreement.

Following such evaluation, the County will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this Agreement. The provider will correct all noted deficiencies identified by the County within the specified period of time set forth In the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this Agreement; (2) the withholding of payments to the provider by the County; and (3) the termination of this Agreement for cause.

4

100


14.

15.

FINAL INSPECTION

The Contractor shall maintain all work in first-class condition until it has been completed as a whole and been accepted by Leon County. Upon seven (7) days notice from the Contractor of completion of this project, the Director of Engineering Services will set up a semi-final inspection with the Contractor, the Chief of Construction Management, the Chief of Engineering, the Project Engineer, and himself.

If, at the semi-final inspection, all construction provided for and contemplated by the Agreement is found completed to the County's satisfaction, such inspection shall constitute the final inspection. If, however, at any semi-final inspection any work is found unsatisfactory, In whole or in part, the Contractor shall be given the necessary instructions as to the replacement of matertal and performance or re-performance, of work necessary and prerequisite as to final completion and acceptance, and the Contractor forthwith shall comply and execute such instructions. When all materials have been furnished, all work performed and all construction contemplated by the Agreement satisfactorily completed, a written notice of final acceptance will be given to the Contractor.

GUARANTEE OF WORK

Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one (1) year from the date of final acceptance in writing by the Director of Parks & Recreation. No express warranty or guarantee contained herein shall in any way limit, avoid, displace, or modify any implied warranties or guarantees owed by the Contractor to the County.

If within the guarantee period, repairs or changes are required in connection with the guaranteed work, which in the opinion of the Director of Parks & Recreation is rendered necessary as the result of the use of materials, equipment or workmanship which are defective, or inferior, or not in accordance with the terms of the Agreement, the Contractor shall promptiy upon receipt of notice from the County, and without expense to the County:

a. Place in satisfactory condition in every particular all of such guaranteed work, correct all defects therein.

b. Make good all damage to the structure or site, or equipment or contents thereof, which in the opinion of the Director of Parks & Recreation Is a result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the Agreement.

c. Make good any work or materials, or the equip,;,ent and contents or structures or site disturbed in fulfilling any such guarantee.

In any case where, in fulfilling the requirements of the Agreement or of any guarantee, embraced in or required thereby, the Contractor disturbs any work guaranteed under Agreement, he shall restore such disturbed work to conditions satisfactory to the Director of Parks & Recreation and guarantee such restored work to the same extent as it was guaranteed under the originat Agreement.

If the Contractor, after notice, fails to proceed within ten (10) working days to comply with the terms of the guarantee, the County may have the defects corrected and the Contractor and his surety shall be liable for all expenses incurred.

Atl special guarantees applicable to definite parts of the work which may be stipulated in the specifications or other papers forming a part of the Agreement shall be subject to the terms of this paragraph during the first two (2) years of the life of such special guarantee. The Contractor

5

101

AGREEMENT BElWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY BC-07-16-09-51

16.

17.

hereby understands and agrees that none of the guaranties or warranties as to defects in materials, equipment, or workmanship set forth herein shall in any way limit or shorten the statutory limitations period during which the County can bring an action in law or equity against the Contractor for breach of this Agreement. The Contractor further agrees that the limitations period for any action in law or equity which the County might bring against the Contractor for breach of this Agreement shall not begin to run until the time at which the breach is actually discovered by the County.

TERMINATION

Leon County may terminate this Agreement without cause, by giving the Contractor thirty (30) days written notice of termination. Either party may terminate this Agreement for cause by giving the other party hereto thirty (30) days written notice of termination. The County shall not be required to give Contractor such thirty (30) day written notice if, in the opinion of the County, the Contractor is unable to perform its obligations hereunder, or if in the County's opinion, the services being provided are not satisfactory. In such case, the County may immediately terminate the Agreement by mailing a notice of termination to the Contractor.

PUBLIC ENTITY CRIMES STATEMENT

In accordance with Section 287.133, Florida Statutes, Contractor hereby certifies that to the best . of his knowledge and belief neither Contractor nor his affiliates has been convicted of a public entity crime. Contractor and his affiliates shall provide the County with a completed public entity clime statement form no later than January 15 of each year this Agreement is in effect. Violation ofthls section by the Contractor shall be grounds for cancellation of this Agreement by Leon County.

18. NON-WAIVER

19.

Failure by the County to enforce or insist upon compliance with any of the terms or conditions of this Agreement or failure to give riotice or declare this Agreement terminated shall not constitute a general waiver or relinquishment of the same, or of any other terms, conditions or acts; but the same shall be and remain at all times in full force and effect.

REVISIONS

In any case where, in fulfilling the requirements of this Agreement or of any guarantee, embraced in or required thereby It is necessary for the Contractor to deviate from the requirements of the bid, Contractor shall obtain the prior written consent of the County.

20. VENUE

21.

Venue for all actions arising under this Agreement shall lie in Leon County, Florida.

CONSTRUCTION

The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida.

The remainder of this page intentionally left blank.

6

102

-

AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMP ANY BC-07-16-09-51

WHERETO, the parties have set their hands and seals effective the date whereon the last party executes this Agreement.

CONTRACTOR

WITNESS: BY: ~ tf. \J?' -~~~~=-- ~--~f-ccside-,-nt -----,-

WlTNESS::0_~~--==-------DATE. __ 1_-_/_,_-_ci~f _____ '-,--__

(CORPORA TE SEAL)

a _D.=~~~/,~'/i~W=m"=_/.=.~ _____ corporation, on behalf of the corporation. He/she is personally (State or place of incorporation)

known to me or has produced __________________ as identification. (type of identification)

- -Notary Public

State ol Wathlngton J M ALE><ANDH

MyAppolnlm&n!ExplretO.C 11,2010 1

Print, Type or Stamp Name of Notary

G~ c_$ M~r.0$-qc_.. - - Title or Rank

Serial Number, If Any ·

103

AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY BC-07-16•09•51

LEON COUNTY, FLORIDA

8

104

LEON COUNTY PURCHASING DIVISION, BID TABULATION SHEET BC-07-18-09-51

Exhibit B Page 1 o/1

Id: Pre-Fabricated Concrete Flush Toilet Buildings penlng: Thursday, July 18, 2009 at 2:00 PM

ltemNendor CXT. If,._. /)1-,ltl,~. ~ ( ": •

Manual Sianature V6Z 1/,e,c:_ ,·, -- "j ,,..c::.

Tie Bid Statement V-., •--,,,

Afflda111t lmmlorat!on /~<::; I(~

Non-Collush:>n , , /AC .,;,...c::;

Contractor Business I /-"!<:' \()">~

Insurance certlfl!latlon 't /.-"A 1 '/es Debarment ' ,,,,,c. ,~-::..

j ' Item #1 tt U O. q4e:,. q I j '"JC/_ .15f< /.... (V~ CORTEZ

Item #2 J'l'l. '1Cl0.l~l \I(') r~. f'\C/() 1)1 /\ ARAPAHOE STORAGE

Item #3 t :J.../c,, • fl">$. I k . ' .J-;;., LJ /l • , "/', , ARAPAHOE

Item #4 I Jl../ . Af{1. I I - I:\ I_' :X.~ tno MONTROSE

Item #5 i'J..1. i 2. ?.. /),?,, J0'1 q;c;,, .D1\ MONTROSE SCREEN

Item #8 /31. l\q0, K'J 147.\ {)~~. oo MONTROSE PORCH

ltem#7 /ll7. 333. 70 I;:;.. -:i,. "..,,?,i,3. ·~ 0 NQVAJO

Item #8 .€~ ".1.fnU QA _,;;.,..::;_ JftS?. no STORAGE SECTION

Item #9 J StR. lfc?~ l/2 I ~t(./ qf 3, l)r, MALIBU

Item #10 /31, l:,(p1. ,:></ ' J 1r. fl. f< /\. DO TAOS

ltem#1 i !1 ri. t::j. , '.,.,.. Si:; .., " r':2· 't-3\.00 SANTIAGO i ~.

ltem#12 ;;;;-n. ~ 5??,.. loS I c;,. i+?. V\, '1C'\ C PORCH SECTION

ltem#13 'J..D'J' JI LL. l'lo I:. ,n~: (.J '15, /\r\ POMONA

ltem#14 ~I?:>. 1qq. rJ I I, ,,.,;,,l_ 71..5. o ' CHEYENNE

Alternate A

Alternate B

No Bid Statement

!

105

l.\Sf-: ~- SA! 11.s

l ~!.~U-: .. t ~

,.:Uff Tl 1.-\[LL

.\! ·Ltr.~~-

:\KlN AK.lNYL\tl

P.-\RWJ:Z .--\1 . .-\,\t

HERBERT W.A. 11111'1.E

L-::unly Att0rncy

Leon County Board of County Con11nissioners

Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC-07-16-09-51 Opening Date: Thursday, July 16, 2009 Location: 2284 Miccosukee Road, Tallahassee, Florida 32308

INSTRUCTION TO BIDDERS

To Insure Acceptance of Your Bid, Please Follow These Instructions:

1

2.

3.

Items lisied on the bid checklist in this form and all other items required w1th1n this invitation to-bid must be executed and/er submitted ln a sealed envelope. Accress your sealed envelope as follows:

Bid No: BC-07-16-09-51 Board of County Commissioners Leon County Purchasing Division 2284 Miccosukee Road Tallahassee, Florida 32308

Bid must be typed or printed in ink, All corrections made by the bidder prior to the opening must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are opened.

Bid must contain an oriainal, manual signature of an authorized representative of the company,

4. The bid opening shall be public on the date and time specified on the bid. It ,s the bidder's responsibility to assure that the bid is delivered at the proper time and location. Bids which are received after the bid opening time will be returned unopened to the bidder.

5. Bidders are expected to examine the specifications, delivery schedule, bid pnces and ·extensions and all general and special conditions oi the bid pr"tor to submission. In case of error in price exiension, the unit price will govern.

6. If you are not submitting a bid but wish to remain on our bid list, please return the "Statement of No Btd" form and provide an explanation in detail where requested.

7 Special Accommodation: Any person requiring a special accommodation at a PreBid Conierence or Bid/RFP opening because of a disability should call the Division of Purchasing at (850) 606-1600 at least five (5) workdays prior to the Pre-Bid Conference or Bid/RFP opening. If you are hearing or speech impaired, please contact the Purchasing Division by calling the County Administrator's Office using the Florida Relay Service which can be reached at 1 (800) 955-8771 (TDD).

NOTE. ANY ANO ALL CONDITIONS OR REQUIREMENTS A TT ACHED HERETO WHICH VARY FROM THE INSTRUCTIONS TO BIDDERS WILL BE PRECEDENT.

:\11 e,JU;tl oppvrtu111ty cmplorer

106

Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC-07-16-09-51 Opening Date: Thursday, July 16, 2009

PURPOSE

Leon C.'Junty 1s seeking tile services ct c qualified contractor to prcv1de Prefabricated Concreie Flush Tcilet Buildings. on a Cominuing Supply basis. Pre-fabricated build1ncs shail be constructed accordinc to the plans and specification supplied, no substitutes. equals. or aiter~ates shall be allowed Pre-fabr1cared buildings shall be placed on owner's site as outlined ir. paragr2ph 9 0. 8. of the artached specifications

,A..s a convenience to our customers, Plans ar.d specifications mcv DE reviewed or. the Cm.;ntv intemer s;te a1 r:rtpJi\VvV'w .ieoncountyfl. gov/Purchas-ing/Pl-an&Specs/index. a Sp ·

The finished produc~s Si',ai! be, in place:. fui!y functional. complete, turn-key buildings m on0 of the c:cnfigurations contained :n the specifications. There are 1a different configurations listed and all are FOB ;nsta!led on owner's site However, Leon County .reserves the ngl1t to negotiate with the successh.1l bidder for arternatc design specification, or configurations not spe::ciflcaliy iisted for Flush Toilet bdldings.

\/Vith ihe consent and agreement of the successful b1dder(si. purchases may be made under this bid by ::::,ther governmental agencies or political subdiv1s1ons Such purchases shaH be governed by the same pricing, terms and conditions stated hereit~ with no deviations allowed This agreement in no way resmctsor :ncE:rfere"s with the nght of any public agency or political subdivision to bid any or all of the items or services independently.

The AgreemeJ:Jl resulting from this solicliation Is anticipated to be for a period of three (3) years, commencing approximately on August 1, 2009, and shall continue until July 31, 2012. After the initial three (3 1 year penod, at the sole option ot'the County, this Agreement may be extended for no more than two additional one (1) year periods. Such one (1) year extensions will be automatic unless the County provides wntten notice of non-renewal to the Contractor no less than thirty (30) days prior to the expiration date of the then current term.

Upon written request from the vendor no less than 45 days prior to each anniversary date of the agreement. and at the discretion of the County, an annual price increase may be negotiated. It is the intent of the County to not allow a price increase greater than the C,msumer Price index for All Consumers (CPI-U) foOhe-·'.latest twelve month period reported at the time of request !n the event oi an extraordinary facior (such an increase in the federal minimum wage) occurring out of the annual cycle, the County may consider a price adjustment on a case-by-c.,se basis upon t11e written request of the contractor. All price increases shall be at the sole discretion of the County

QUESTIONS

The last day to submit questions for clanf1cations is Wednesday. July 8. 2009

BID DE.A.OLINE

Bid must be submitted no laiar than July 16, 2009 at 2:00 PM.

OFFEROR REGISTRATION

Ofierors who obtain solicitation documents from sources other than the Leon County Purchasing Division or Demandstar.com MUST officially register with the County Purchasing Division in order to be placed on the planholders list for the solicitation. This list is used for communications from the County io prospective Offerers Also Offerers should be aware that solicitation documents obtained from sources other than !hose :Isted ab~ve may be drafts. incomplete. or in some other fashion different from the official solicitation cocument{s). Failure to register as a prospective Offeror through the Purchasing Division or online through Oemandstar.com may cause your submittal io be rejected as non-responsive

2

107

R8MTEC January 19, 2010

RE: Romtec's Small Business and HUBZone Certifications

Romtec manufactures supplies and installs pre-engineered restrooms, waterless vault restrooms, shower buildings, utilities, shelters, picnic pavilions, kiosks, ticket booths, scorekeepers' booths, guard shacks, concessions, and visitor centers for many types of recreation areas, parks and campgrounds.

NAICS Codes: 236220* 238110 327999

Commercial and Institutional Building Construction Poured Concrete Foundation and Structure Contractors All Other Miscellaneous Nonmetallic Mineral Product Manufacturing *Primary NA/CS Cade

HUBZone Certification Certification #27519 Date 11-8-2007

SBA Small Business Certified Certification P0238814 http://dsbs.sba.gov/ dsbs/sea rch/ dsp profile.cfm ?user id=P0238814

NOTE: Additional information regarding Small Business and HUBZane Certification and business information can be found at the web link above.

GSA Contract GS-07F-0095M

CCR DUNS# 098612591 'CAGE Code 0KDP2

Sincerely,

Ryan Smith Sales Manager Romtec Inc. 541-496-3541 [email protected]

18240 North Bank Road ~ Roseburg, OR 97470 PH: 541-496-3541, FAX: 541-496-0803

www.romtec.com email: service(Wromtec.com

108

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110

SCHEDULE OF CONSTRUCTION PAYMENTS

This is the Schedule of Payments referred to on page 1 of Romtec's quote

and is part of the quote in that it specifies the terms of payment associated with the amount quoted for the CONSTRUCTION PORTION ONLY.

The payment for the building materials is otherwise specified

on the first page of the quote.

Mobilization is due upon delivery of building or 20% beginning of site prep work, whichever comes first

Rough in, footings, foundations and 35°/o slab(s) poured

Erection of walls, roof, windows, vents 35% placed

Punch List sign off and final sign off 10%

Make check payable to: Romtec Inc.

Revised 6/13/09

1 1 1

WWW

service@ .romtec.com RGMTEC 18240 North Bank Rd., Roseburg, OR 97470 romtec.com 541-496-3541 fax: 541-496-0803

Date Job

:ontractor Contac Address

City

: 06/13/11 GSA QUOTATION. Fed. Supply Contract #GS-07F-0095M

: Gifford Park Restroom & Concession

: Indian River County Parks t: David Fleetwood

State

Phone

: 5500 77th Street : Vero Beach : FL I : (772) 226-1874

Zip Code: I 32967

• • • Fax

E-mai

QUOTE# R•31009081TB (2096-C) I: [email protected]

TERMS: Materia!s payment due net 35-day from date of shipment per facility. The construction payments will be billed per progress payment schedule.

!~ooit¥! :'t:fM~ilrn'.:

2 2

Concrete - Sierra IV Multi-User Restroom with Four Showers - End Entrance Building Kit Package

Roofing: Standing Seam metal, unless otherwise specified. Exterior: split face concrete, unless otherwise specified. Building Package Includes: louvered door vents, doors/frames/door closures, concession window, skylights and roof panels. Hurricane Rated Upgrades.

China Plumbing Fixture Pkg -(w/floor mount toilet) Includes: Stainless Steel Hand Wash Sinks

Electrical Fixture Package (Single Phase)

Accessory Kit Package Includes: 2-roll white steel toilet paper dispenser, seat cover dispenser, sanitary napkin isposal, soap dispenser, paper towel dispenser, restroom sign-unisex or MN-J, shower signs, waste receptacle.

Shower Fixture Package

Exhaust Fan Package (RCER-6)

80 Gallon Water Heater-30KW

8212 Electric Hand Dryer - {surface wan mount)

8498 Polyethylene Diaper Changing Station - Bro car 1 00E

Design Services SIN# 361-30- Includes up to two revisions in response to comments. Should additional revisions need to be made, an additional quantity of Design Services will be charged at the same rate.

2,5 Shipping & Handling From Roseburg, OR to: Vero Beach, FL Zip Code:

$1,850.00

Building Subtotal

GSA BUILDING TURNKEY INSTALLATION QUOTE: Sierra Construction Turnkey Installation as per the Romtec construction drawings assumes a prevailing wage job which is semi-truck accessible. Includes excavation, tank placement, backfill, concrete, rebar, pouring of footing & slab. Also includes building erection with windows, doors, roof structure & trim. Rock excavation, permits, taxes, demolition, sidewalks and other site construction or utilities are not included. This Turnkey Installation assumes there are no bonding requirements. Should bonding become a requirement, Romtec will only supply a bond to cover the construction portion of the job and not for the building product it supplies itself. Further, should bonding be required, there will be a 10% increase of the construction total added to the quote. Upon acceptance of this quote, Romtec will develop a complete Supply & Design Submittal SIN# 361-32 specific to this project.

TOTAL

$1,850.00

$12,687.50

$161,379.86

$179,044.00

$340,423.86 ·

ONE COMPLETE SET OF CONSTRUCTION DRAWINGS, INCLUDING FOOTING & FOUNDATION DETAILS, IS INCLUDED WITH BUILDING PURCHASE.

ROMTEC IS HUBZONE CERTIFIED

• SPECIAL INSTRUCTIONS: The install portion of this quote is only valid for 30 days from the date of this quote.

• Unless otherwise agreed to, the owner of the project is expected to provide "builder's risk" Insurance coverage on this project. Romtec makes no provision for such costs in this quote.

"This quote is effective for 90 days from above date; thereafter an prices are subject to change without notice.

" Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec notice to proceed document

• This quotation is subject to the terms and conditions listed on the GSA contract.

GSA Quote-R-31009081TB-2096-C-Fairground 06-13-11.xlsx Page 1 of 1

112

To:

REPLACEMENT July 5, 2011

CONSENT ITEM - 8P (Pages 113 - 115)

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board

CONSENT

From: Jason E. Brown

of County Commissioners C/5. Director, Office of Management & Budg t

Date: May31,2011

Subject: Miscellaneous Budget Amendment 018

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

1. Fiber Optic lines need to be improved in order to adequately serve the Golf Course and Net Boss facilities. The attached entry appropriates funding in the amount of $200,000 from the Optional Sales Tax Fund.

2. Legal Fees and Charges have been incurred in the Ocean Rescue Division for an employee benefit matter. The attached entry appropriates $5,000 for this expenditure from M.S.T.U. Funds Reserve for Contingency.

3. The Gifford Aquatics Center has received a donation to purchase chillers for the facility. The attached entry appropriates the $12,000 donation for this expenditure.

Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2010/2011.

Attachments

Budget Resolution

APPROVED AGENDA ITEM: r1 .. /' l

BY:(_.) ((JJ'i Q 1{:J-h ,4 0 cf) CLCGC/ // Jose~h A. B'aird

/ /

Fq'J: July 5, 2011

Indian River Count

Administrator

County Attorney

Budget

Department

Risk Management

RESOLUTION NO. 2011---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2010-2011 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 2010-2011 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 2010-2011 Budget be and hereby is amended as set ferth in f=xMibit "AJ! upon adoption of this Resolution.

This Resolution was moved · for adoption by Commissioner ______ , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows:


The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2011.


By ________ _

Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By _________ _

Bob Solari, Chairman

APPROVED AS TO FORM AND LEGAL SU !ENCY

BY

Resolution No. 2011-

~ . Exhibit "A"

~ ~,// Budget Office Approval: Budget Amendment: 018

Jason f- Br~~n, Budget Director

Entry Fund/ Dep~nt/Account Name Account Number Increase Decrease

Number

1. Revenue

Optional Sales Tax/Cash Forward Oct 1st 315039-389040 $200,000 $0

Expense

Optional Sales Tax/Facilities Management/Fiber Optics 31522019-066450-03006 $200,000 $0

2. Expense

M.S.T.U. Fund/Ocean Rescue/Other Professional 00411672-033190 $5,000 $0

Services

M.S.T.U. Fund/Reserve for Contingency 00419981-099910 0 $5,000

3. Revenue

M.S.T.U. Fund/Donations/Gifford Aquatics Center 004038-366108 $12,000 $0

Expense

I M.S.T.U. Fund/Gifford Aquatics Center/Other

00410572-066390 $12,000 $0 Improvements Except Building

Public Hearing (Legislative)

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

BOARD MEMORANDUM

JO Al

DATE:

TO:

FROM:

PREPARED STAFFED BY:

SUBJECT:

June 24, 2011

Joseph A. Baird; Counwistrator

W. Erik Olson\}-') j Director of Utility Services

Michael C. Hotchkiss, P.E. Jl/ /j Capital Projects Manager 5-,1"-

PROPOSED FAIR HOUSING WORKSHOP AND FIRST PUBLIC HEARING TO CONSIDER APPL YING FOR A COMMUNITY DEVELOPMENT BLOCK GRANT

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 2011.

INTRODUCTION

One source of funding for infrastructure projects in low income neighborhoods is the Community Development Block Grant (CDBG) program. For smaller counties and cities, that federally funded, state administered program is a competitive program with a maximum grant amount of$750,000.00.

For 2011, the CDBG application cycle closes on August 15, 2011. In order to submit a competitive grant application in that cycle, however, the county must initiate the application process at this time. That involves undertaking several actions, including choosing a CDBG application category, holding two public hearings, and holding a Fair Housing Workshop.

In order to provide the Board an opportunity to submit a CDBG application for the 2011 cycle, staff has initiated the CDBG application process. That has involved advertising for the first required public hearing, advertising for a fair housing workshop, and preparing this staff request. If the Board authorizes staff to submit a CDBG application, staff will then initiate the other required CDBG application activities.

BACKGROUND

As structured, the CDBG program provides an opportunity for eligible cities and counties to compete for funds to improve local housing, streets, utilities, and public facilities. These funds are available in several categories: housing rehabilitation, neighborhood revitalization, and commercial revitalization.

116


CDBG Program

Under the CDBG program, there are four grant categories. These are: Commercial Revitalization, Housing Rehabilitation, Neighborhood Revitalization, and Economic Development. In the current cycle, eligible local governments may apply for a grant in any of the first three categories. If awarded a Commercial Revitalization, Housing Rehabilitation, or Neighborhood Revitalization grant, the county may not apply for another grant in any of those three categories until that grant is closed. Following is a description of each of the three CDBG categories:

Commercial Revitalization Various improvements may be funded in commercial areas. Eligible projects include parking facilities, drainage, street paving, sidewalks, lighting, recreation facilities, potable water services, and sanitary sewer services. This category is very competitive.

Housing Rehabilitation Substandard housing occupied by income eligible households may be rehabilitated to meet code requirements. Both owner occupied and rental housing may be included. Recipients are eligible in the entire jurisdiction. Dilapidated housing may be demolished and cleared, and financing is provided to the displaced occupants for replacement housing.

Neighborhood Revitalization This category is primarily for potable water and sanitary sewer installation or replacement (including hook-ups), street paving, and drainage improvements in low/moderate income neighborhoods. Funds may also be used to purchase and develop property as sites for low/moderate income housing. This is a very competitive grant category.

The Economic Development category is different from and independent of the other three categories. Unlike Commercial Revitalization, Housing Rehabilitation, or Neighborhood Revitalization grants, economic development Community Development Block Grants are not included in annual competitive application cycles. Instead, economic development grants, which must be associated with job creation, are rewarded on a first come, first served basis until funding is exhausted. Following is a description of economic development Community Development Block Grants:

Economic Development Funds are available to local governments to provide necessary infrastructure or sites for new businesses or business expansions. Local governments may also lend funds directly to a business for capital expenses (land, building, equipment, site development). Funds from this grant category must be utilized to create jobs or retain existing jeopardized jobs, primarily for low/moderate income persons. Economic Development CDBG funds may be used for the following activities: acquisition of real property; acquisition, construction, or rehabilitation of commercial land industrial buildings and structures; purchase of capitalized machinery and equipment with a useful life of at least five years; energy

2 117

conservation improvements designed to encourage the efficient use of energy resources; public, commercial, or industrial real property or infrastructure improvements; activities to remove barriers which restrict access for the elderly or handicapped to publicly owned and privately owned buildings, facilities, and improvements; and activities designed to provide job training and placement and/or other employment support services on behalf of the participating party.

FUNDING

Commw1ity Development Block Grants do not require match funding from local communities which receive the grants. Consequently, the County will not incur any out-of-pocket costs if it obtains CDBG funding.

CDBG Application Process

The CDBG application process involves various steps, including:

• Advertising for and holding a first public hearing to obtain public input on the County's economic and community development needs.

• Advertising for and holding a second public hearing to apply for a specific CDBG category.

• Holding two separate Fair Housing Workshops. • Holding a Citizen Advisory Task Force (CATF) Meeting to discuss potential project

alternatives for the CDBG application. • Advertising for and selecting a consultant to administer the CDBG.

At this time, the Board of County Commissioners is to hold both the first public hearing and the first Fair Housing Workshop. If after the first public hearing and fair housing workshop the Board of CoW1ty Commissioners chooses to continue with the application process, a second Fair Housing Workshop will be scheduled for area lenders and real estate professionals. Also, a second Board of Collilty Commissioners public hearing will be scheduled (tentatively for Tuesday, July 19, 2011). At the second public hearing, staff will request BCC approval to submit a CDBG application in the most appropriate CDBG category.

Potential CDBG Projects

Currently, staff is in the process of developing a list of potential projects that could be submitted for this CDBG application cycle. At this time, the preliminary list includes the following projects:

• West Wabasso Sewer Expansion CDBG - Phase 1 • West Wabasso Sewer Expansion CDBG- Phase 2

Recently, Guardian CRM, Inc., the Collilty's Community Development Block Grant consultant for the Gifford Fire Station CDBG project, offered to assist with assembling a new CDBG application. That assistance includes calculating the expected application score for each of the potential CDBG funded projects. The results of the consultant's analysis will be reviewed with the Citizen Advisory Task Force before the 2nd Public Hearing, and a formal recommendation will be submitted to the BCC as part of the second public hearing for the grant application.

3 118

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

• Hold the Fair Housing Workshop;

• Open the first public hearing and obtain public input regarding the County's community development needs; and

• Provide direction to staff regarding pursuing new CDBG funding.

Attachment( s)

1. Copy ofIRC Chapter 309, Fair Housing Ordinance

APPROVED FOR AGENDA:

Indian River Co. Approved Date

Adrnin.

Legal

Budget

FOR: ~A 0, ,£cJ// -;rcr---,,~~"71"",~~m-a.,._t_e~~~-----

Dept.

4 119

.~·,_

\. )

)

FAIR HOUSING § 309.02

CHAPTER 309. FAIR HOUSING

Sec. 309.01. Sec. 309.02. Sec. 309.03. Sec. 309.04. Sec. 309.05. Sec. 309.06. Sec. 309.07. Sec. 309.08. Sec. 309.09. Sec. 309.10. Sec. 309.11.

Declaration of policy. Definitions. Unlawful housing practices. Exemptions and exceptions. Administrator; authority and responsibilities. Complaints. Processing complaints. Additional remedies, Education and public information. Untruthful complaints or testimony. Penalty.

Section 309.01. Declaration of policy.

It is the policy of Indian River County, in keeping with the laws of the United States of America, to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain housing of such person's choice in this county, without regard to race, color, national origin, religion, sex, familial status or handicap, and, to that end, to prohibit discrimination in housing by any person. (Ord. No. 957, § 1, 3-14-95; Ord. No. 96-23, § 1, 12-3-96)

Section 309.02. Definitions.

The terms as used herein shall be defined as follows:

Administrator means that person appointed by the county commission pursuant to section 309.06 hereof.

Age unless the context clearly indicates otherwise, the word age as used herein shall refer exclusively to persons who are eighteen (18) years of age or older. ·

Discriminatory housing practice means an act that is unlawful under section 309.04 hereof.

Family means one (1) or more persons living together as a single housekeeping unit in a dwelling.

Familial status is established when an individual who has not obtained the age of eighteen (18) years is domiciled with: ( 1) a parent or other person having legal custody of such individual, or (2) a designee of a parent or other person having legal custody, with the written permission of such parent or other person.

Handicap means a person who has a physical or mental impairment which substantially limits one (1) or more major life activities, or who has a record of having, or is regarded as having, such physical or mental handicap, or a person who had a developmental disability as defined in F.S. 393.063.

Housing or housing accommodation means any building, structure, or portion thereof, mobile home or trailer, or other facility which is occupied as, or designed or intended for occupancy as, a residence by one ( 1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home or trailer or other facility.

Lending institution means any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business oflending money, guaranteeing loans, or sources of credit information, including but not limited to credit bureaus.

Owner means any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the county and its departments or other sub-units, having the right of ownership or possession or the authority to sell or lease any housing accommodation.

Person means one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mortgage companies, joint stock companies, trusts, unincorporated· organizations, or public corporations, including but not limited to the county or any department or sub-unit thereof.

Real estate agent means any real estate broker, any real estate salesman, or any other p0rson, employee, agent, or otherwise; engaged in the management or operation of any real property.

Real estate broker or salesman means a person, whether licensed or not, who for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these activities, or who negotiates or attempts to negotiate a loan

Supp. No. 26 309/1

120

§ 309.02 INDIAN RIVER COUNTY CODE

secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these.

Real estate transaction includes the sale, purchase, exchange, rental or lease of real property, and any contract pertaining thereto.

Rent includes lease, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting for a consideration the right to occupy premises that are not owned by the occupant.

Respondent means any person against whom a complaint is filed pursuant to this chapter.

Sale includes any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to, or a beneficial interest in real property.

·• (Ord. No. 957, § 2, 3-14-95)

)!" >section 309.03. Unlawful housing practices . . _, ..

(1) Unlawful housing practices; sale or rental · and advertising in connection therewith. Except as provided in section 309.04 hereof, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, as defined in this chapter, because of race, color, national origin, religion, sex, familial status or handicap:

a.

, . .,";.

b.

c.

d.

To refuse to engage in a real estate transaction with a person or otherwise make unavailable or rent housing to any person;

'lb discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith, or because of such person's exercise of his or her right to free association;

To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

To refuse to negotiate for a real estate transaction with a p~rson;

Supp. No. 26 309/2

e. 'lb represent to a person that housing is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to such person's attention, or to refuse to permit him or her to inspect the housing;

f. 'lb steer any person away from or to any housing;

g. To make, print, publish, circulate, post, mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to rn'!l<e a record or oral written inquiry in connection with a prospective real estate transaction, which indicates directly or indirectly an intent to make a limitation, specification, or discrimination with respect thereto;

h. To offer, solicit, accept, use or retain a listing of housing with the understanding that a person may be discriminated against in a real estate transaction or in the fur. nishing of facilities or services in connection therewith;

i. To induce or attempt to induce any person to· transfer an interest in any housing by representation regarding. the existing or potential proximity ofhousing owned, used or occupied by any person protected by the terms of this chapter;

j.

k.

To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental or the sale or rental of any housing in any area in the county for the purpose of inducing or attempting to induce any such listing or any of the above transactions;

'lb retaliate or discriminate in any manner against any person because of his or her opposing a practice declared unlawful by this chapter, or beca\lse he or she has filed a complaint, testified, assisted or participated in any manner in any invest.igation, proceeding or conference under this chapter;

121

\


1. To aid, · abet, incite, compel, or coerce any person to engage in any of the practices prohibited by the provisions of this chapter, or to obstruct or prevent any person from complying with the provisions of this chapter, or any conciliation agreement entered into thereunder;

m. To compel any unlawful practices prohibited by the provisions of this chapter;

n. Otherwise to deny to, or withhold, any housing accommodations from a person;

o. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other- means, directly or indirectly, a property owner, occupant, or tenant to list for sale, s'3ll, remove from, lease, assign, or otherwise dispose of any housing by referring, as a part of a process or pattern of inciting neighborhood unrest, community tension, or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood, or any other area, to the race, color, national origin, religion, sex, familial status, or handicap of actual or anticipated neighbors, tenants or other prospective buyers of any housing; ·

p. To cause to be made any untrue or intentionally misleading statement or advertisement, or in any other manner atteIIlpt, as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, national origin, religious, sex, familial status, or handicap, or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of any housing for sale, rental, assignment, transfer or other disposition where such statement, advertisement or other representation is false or materially misleading, or where there is sufficient basis to judge its truth or falsity to warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing;

q. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer or other disposition.

(2) Unlawful housing practices; financing. It shall be unlawful and a discriminatory housing practice for any lending institution, as defined herein, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining housing, or to discriminate against such person in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, national origin, religion, sex, familial status, or handicap of such person or of any person associated with such person in connection with such loan or other financial assistance or for purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing in relation to which such loan or other financial assistance is to be made or given; provided, that nothing contained in the subsection shall impair the scope or effectiveness of the exceptions contained in section 309.04 of this chapter.

(3) Unlawful lwusing practices; brokerage services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any multiple listing service, organization, or facility related to the business of selling or renting housing, or to discriminate against such person in the terms or conditions of such access, membership or participation because of race, color, national origin, religion, sex, familial status, or handicap.

(4) Nothing in section 309.04 hereof shall be construed to require any person renting or selling a dwelling to modify, alter, or adjust the dwelling in order to provide physical accessibility except as otherwise required by law. (Ord. No. 957, § 3, 3-14-95; Ord. No. 96-23, § 2, 12-3-96)

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Section 309.04. Exemptions and exceptions.

( 1) Nothing contained in section 309.03 hereof shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by; or in conjunction with, a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purp_oses provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(2) Nothing in section 309.03 hereof, other than subsection (l)g. thereof, shall apply to:

· · a. Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three (3) such single-f.unily houses at any one (1) time; provided further that in the case of the sale of any such single-family house by a private. individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to such sale within any twentyfour-month period; provided further that such bona fide private individual owner does not own any intei.-est in, nor is there owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any rights to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time, provided further that the owner sells or rents such housing: ( 1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real-estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting housing, or of any em-

Supp. No. 26 309/4

ployee or agency of any such broker, agent, salesperson, or person, and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsubsection g. of subsection (1) of section 309.03 hereof, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

b. Rooms or units containing living quarters occupied or intended to be occupied by no more than four ( 4) families living independently of each other, if the owner actually maintains and occupies one (1) of- such living quarters as such owner's residence, provided that the owner sells or rents such rooms or units: (1) without the use in any manner of the sales or rental facilities or the sales or . rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in business of selling or renting housing, or of any employee or agency of any such broker, agent salesperson, or person, and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsubsection g. of subsection (1) of section 309.03 hereof, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title. For the purpose of this subsection (2), a person shall be deemed to be in the business .of s.elling or renting housing if: (1) he has, within the preceding twelve (12) months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three (3) or more transactions involving the sale or rental of any housing or any interest therein; or (2) he has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving

)

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' ) '·

FAJR HOUSING § 309.05

the sale or rental of any housing or any interest therein; or (3) he is the owner of any housing designed or int.ended for occupancy by, or occupied by, five (5) or more families.

(3) Nothing in section 309.03 hereof shall be construed to:

a. Bar any person from restricting sales, rentals, leases or occupancy, or from giving preference, to persons of a given age for bona fide housing intended solely for minors;

b. Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease;

· c. Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for, and occupied exclusively by, individuals of one sex, to

d.

e.

any individual of the opposite sex; Bar any person from selling, renting, or advertising any housing which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only; Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for married couples without children or from segregating families with children to special units of housing;

f. Bar any person from refusing to sell or rent any housing to unmarried individuals cohabiting contrary to law;

g. Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less than the term for which the loan is requested.

h. Bar any person from restricting sales, rentals, leases or occupancy to persons over age fifty-five (55), to the extent allowed by state or federal law.

(Ord. No. 957, § 4, 3-14-95)

Section 309.05. Administrator; authority and responsibilities.

(1) County commission to appoint. The authority and responsibility for administering this chap-

ter shall be vested in the county commission who shall appoint the deputy county attorney as the administrator.

(2) General powers and duties. The administrator shall:

a. Receive written complaints as hereinafter provided in section 309.06 relative to alleged unlawful acts under this chapter when a complainant seeks the administrator's good offices to conciliate;

b. Upon receiving a written complaint, make such investigations as the administrator deems appropriate to ascertain facts and issues;

c. Utilize methods of persuasion, conciliation, and mediation or information for adjustment of grievances;

d. Establish, administer or review programs at the request of the county commission and make reports on such programs to the county commission;

e. Bring to the attention of the county commission items that may require the county commission's notice or action to resolve;

f. Render to the county commission annual written reports of his activities under the provisions of this chapter along with such comments and recommendations as he may choose to make;

g. Cooperate with and render technical assistance to federal, state, local, and other public and private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter.

(3) Determination of probable cause. Whenever the administrator determines that there is probable cause to believe that there has been a violation of the provisions of this chapter, but only after having fully processed the complaint in which such violation is alleged in the manner hereinafter provided, he shall refer the matter, along with the facts he has gathered in his investigations, to the proper county, state or federal authorities for appropriate legal action.

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( 4) Promulgation of forms and regulations. The administrator shall promulgate, publish and distribute the necessary forms, rules, and regulations to implement the provisions of this chapter. (Ord. No. 957, § 5, 3-14-95)

Section 309.06. Complaints.

(1) A person who claims that another person has committed a discriminatory housing practice against him may report that offense to the administrator by filing an informal complaint within sixty (60) days of the date of the alleged discriminatory housing practice and not later.

(2) The admin;strator shall treat a complaint referred by the Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of1968, Public Law 90-284, as an informal complaint filed under subsection (1).

(3) An informal complaint must be in writing, verified or affirmed, on a form to be supplied by the administrator and shall contain the following:

a. Identity and address of the offending party;

b. Date of the offense and date of filing the informal complaint;

c. General statements of facts of the offense including the basis of the discrimination (race, color, national origin, religion, sex, familial status, or handicap);

d. Name and signature of the complainant.

(4) Each complaint shall be held in confidence by the administrator unless and until the complainant and the offending party(ies) consent in writing that it shall be public, or until it becomes a "public record" within the meaning of F.S. § 119.07(3)(t).

(5) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail, return receipt requested. Thereupon, the respondent(s) may file a written, verified, informal answer to the informal complaint within twenty (20) days oftbe date of receipt of the informal complaint.

(6) An informal complaint or answer may be amended at any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the offending party(ies) or complainant, respectively, as promptly as practicable.

(7) The administrator shall assist complainants or offending parties when necessary in the preparation and filing of informal complaints or answers or any amendments thereto. (Ord. No. 957, § 6, 3-14-95; Ord. No. 96-23, § 3, 12-3-96)

Section 309.07. Processing complaints.

(1) Within thirty (30) days after the filing of an informal complaint, the administrator shall make such investigations as he deems appropriate to ascertain facts and issues. If the administrator shall. deem that there are reasonable grounds to believe that a violation has occurred and can be resolved by conciliation, he shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done in the course of the informal conference with the individuals to resolve the dispute may be made public or used as evidence in a subsequent proceeding by either party without the written consent oCboth the complainant and the offending party(ies). The administrator or any employee of the administrator who shall make public any information in violation of this provision shall be deemed guilty of a violation of a county ordinance and shall be subject to penalty as set forth in section 3-09.11 of this chapter.

(2) If the parties desire to conciliate, the terms of the conciliation shall be in writing in the form approved by the administrator and must be signed and verified by the complainant and the offending party(ies) and approved by the administrator. The conciliation agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated.

(3) If the administrator deems that there is not probable cause to believe that a particular alleged

Supp. No. 26 309/6

/ )

/

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discriminatory housing practice has been committed, the administrator shall take no further action with respect to the alleged offense.

( 4) If the administrator, with respect to any matter which involves a contravention of this chapter: a. fails to conciliate a complaint after the parties in good faith have attempted such conciliation; or b. determines that the violation alleged in the complaint cannot be resolved by conciliation, he shall notify both the complainant and the offending party(ies) within thirty (30) days of the failure or the determination, and he shall proceed as provided in paragraph (3) of section 309.05 hereinabove. (Ord. No. 957, § 7, 3-14-95)

Section 309.08. Additional remedies.

The procedures prescribed by this chapter do not constitute an administrative prerequisite to another action or remedy available under other law. Further, nothing in this chapter shall be deemed to modify, impair or otherwise affect any right or remedy conferred by the Constitution or laws of the United States or the State of Florida, and the provisions of this chapter shall be in addition to those provided by such other laws. (Ord. No. 957, § 8, 3-14-95)

Section 309.09. Education and public information.

The administrator may conduct educational and public informational activities that are designed to promote the policy of this chapter. (Ord. No. 957, § 9, 3-14-95)

Section 309.10. Untruthful complaints or testimony.

It shall be a violation of this article for any person knowingly and willfully to make false or untrue statements, accusations or allegations in a complaint filed hereunder or to give false testimony concerning violations of this chapter. (Ord. No. 957, § 10, 3-14-95)

Section 309.11. Penalty.

Any person who violates any provisions of this chapter shall be subject, upon conviction, to a fine up to but not exceeding the sum of five hundred dollars ($500.00), or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (Ord. No. 957, § 11, 3-14-95)

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PUBLIC NOTICE ITEMS: 7/5/11 j{_Xjj_ Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissione'j)-S(

Alan S. Polackwich, Sr. - County Attorney

June 29, 2011

Public Notice of Public Hearing Scheduled for July 12, 2011 to Discuss and Solicit Public Input Relating to the Division of Indian River County into County Commissioner Districts

The Board of County Commissioners will hold a Public Hearing on Tuesday, July 12, 2011, for the following purposes: (1) to discuss and solicit public input relating to the division of Indian River County into county commissioner districts, in accordance with Article VIII, Section 1(e) of the Florida Constitution and Section 124.01, Florida Statutes; and (2) to adopt a redistricting plan setting forth the criteria upon which the new districts will be based.

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PUBLIC NOTICE ITEMS: 7/5/11 /0(},;:J......_ Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissio~ --p Alan S. Polackwich, Sr. - County Attorney

June 29, 2011

Public Notice of Public Hearing Scheduled for July 12, 2011 to Consider Adoption of an Ordinance Amending Chapter 315 of the Code of Indian River County Entitled "The Indian River County Pain Management Clinic and Controlled Substances Ordinance"

The Board of County Commissioners will hold a Public Hearing on Tuesday, July 12, 2011, to consider adoption of an ordinance amending Chapter 315 of the Code of Indian River County entitled "The Indian River County Pain Management Clinic and Controlled Substances Ordinance"; Regulating and Prohibiting Certain Activities Relating to the Operation of Certain Pain Management Clinics and Pharmacies which Prescribe or Dispense Controlled Substances; and Providing for Severability, a General Repealer and an Effective Date.

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MEMORANDUM


Development Director

THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning '> /{c,,,

Departmental Matters

FROM:

DATE:

Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning3.i'..

June 22, 2011

RE: Consideration of a Request from SMI Telecoms LLC For a Local Jobs Grant

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of July 5, 2011.


As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Recently, SMI Telecoms, LLC applied for a local jobs grant.

For economic development projects, Florida statutes provide that certain information, such as trade secrets and proprietary confidential business information supplied by a company to an economic development agency, remain confidential. Florida statutes further provide that certain other economic development project information remain confidential if requested in writing by the applicable company. In this case, SMI Telecoms, LLC has indicated that there is nothing in its jobs grant application that needs to be kept confidential.

Currently, SMI Telecoms, LLC employs approximately 43 people internationally in its offices in

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London, India, and Singapore. Going forward, SMI Telecoms, LLC proposes to establish its U.S.A. headquarters at 10305 102nd Terrace, Sebastian. The proposed SMI Telecoms, LLC U.S.A. headquarters will employ approximately 25 people. The positions to be created are in the following categories:

• I Sales Administrator • 6 Support Technicians • 10 Consultants (Project Engineers, Project • 1 Finance Administrator

Managers, and Technical Architects) • 7 Software Developers

To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($34,730 average annual wage for 2009). Seventy-five percent of the County's average annual wage of$34,730 is $26,047.50.

On June 21, 2011, the Economic Development Council (EDC) reviewed the SMI Telecoms, LLC local jobs grant application. Although a quorum was not present, the members that did attend the meeting reached a consensus that the Board of County Commissioners should approve SMI Telecom's application for a local jobs grant ofup to $169,000.00.

ANALYSIS

SMI Telecoms, LLC

SMI Telecoms, LLC' s proposed facility will be its national headquarters. As stated in its jobs grant application, SMI Telecoms, LLC develops software solutions for the global telecommunications industry. The company also provides implementation and support services for its products. While administrative, sales, support, project office (logistical management), research and development, and management staff will be located within the headquarters office, implementation and consultancy staff tend to be geographically dispersed.

Because implementation and consultancy positions within SMI Telecoms, LLC are geographically dispersed, some of the 25 proposed employees may ultimately not live within Indian River County or in the surrounding region (adjacent counties). That will affect SMI Telecoms, LLC's jobs grant amount, since only those employees who live within Indian River County or in the surrounding region are eligible to be considered in the calculation and award oflocaljobs grant funds. The exact number of positions that will be eligible for the local jobs grant program will be determined as SMI Telecoms, LLC proceeds with its hiring and expansion plans.

Due Diligence

As part of the process of evaluating SMI Telecoms, LLC for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on SMI Telecoms,

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LLC, its officers, and agents. Actions taken as part of this due diligence process included but were not limited to:

• Searching the Office of Foreign Asset Control (OFAC) database; • Conducting a general internet search for SMI Telecoms, LLC, its officers/agents, SMI

Telecommunications, and Quindell Enterprise Solutions (former company name), using key words such as, but not limited to, "foreclosure", "bankruptcy", "lawsuit", "crime", "criminal", "New York", "UK", and "defendant"; and

• Checking the Florida Department of State Division of Corporations website for corporate information.

In the essence of time, staff focused its due diligence research on the main sources of data readily available. Based upon this research, staff determined that SMI Telecoms, LLC appears to be financially sound and appears not to have legal problems that might raise concerns for providing SMI Telecoms, LLC with public funds through the Local Jobs Grant Program.

Local Jobs Grant Eligibility Review ·

• Industry Classification of Business

To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Under the County's target industry list, SMI Telecoms, LLC qualifies for the jobs grant program in the "Telecommunications" category. Under the 2007 North American Industrial Classification System (NAICS), SMI Telecoms, LLC's activities are classified in categories 5112 "Software Publishers", 5415 "Computer Systems Design and Related Services", and 5416 "Management, Scientific, and Technical Consulting Services".

• Job Creation Threshold

As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149 .99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage.

Currently, the County's average annual wage is $34,730. It is anticipated that SMI Telecoms, LLC will create up to 25 new jobs, and all of the proposed jobs will meet the minimum job grant qualification of having salaries that are above 75% of the County's average annual wage ($26,047.50). The grant calculation below provides information on how many jobs qualify for each local jobs grant amount and assumes that residency requirements are met for all of the proposed jobs.

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Grant Calculation

75% of county average wage I $3,000 $3,000

100% of county average wage I $5,000 $5,000

150% of county average wage 23 $7,000 $161,000

Total Grant Amount $169,000

Jobs Grant Agreement

To proceed with this request, the Board of County Commissioners must approve the attached Jobs Grant Agreement with SMI Telecoms, LLC. That agreement stipulates various requirements, including:

• The grant will be payable over a three year period by phase. • The company will provide copies of its quarterly unemployment compensation reports (UCT

- 6 form) to the County so that the County can verify that the number of jobs claimed for each local jobs grant payment level is being provided.

• The company must supply documentation to the County showing that employees reside within the County or in adjacent counties.

Funding & Proposed Payment Schedule

If approved, the local jobs grant will be funded from County General Fund contingencies taken from four separate County fiscal years starting in County fiscal year 2012-13.

Based upon SMI Telecoms, LLC's submitted application, local jobs grant payments are proposed as follows:

January 2013 1 $ 10,333.33 October 2013 2 $ 18,666.66 January 2014 1 $ 10,333.33 A ril 2014 3 $ 27,333.33 October 2014 2 $ 18,666.67 January 2015 I $ 10,333.34 April 2015 3 $ 27,333.33 October 2015 2 $ 18,666.67 April 2016 3 $ 27,333.34

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The proposed payment dates and payment amounts will vary, depending upon actual performance by SMI Telecoms, LLC. To allow for unanticipated delays in project start-up and relocation, an allowance for an administratively approved extension of up to one year is included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. In addition, the jobs grant agreement allows for the shifting of jobs between phases. Thus, the jobs grant award for each Phase could be more or less than proposed. In no case, however, will the total jobs grant award exceed $169,000.

CONCLUSION

Based on the analysis conducted, staff has determined that SMI Telecoms, LLC qualifies for a local jobs grant ofup to $169,000.

RECOMMENDATION

The Economic Development Council and staff recommend that the Board of County Commissioners approve a local jobs grant of up to $169,000 for SMI Telecoms, LLC, and authorize the chairman to sign the Jobs Grant Agreement with SMI Telecoms, LLC, after approval of the agreement by appropriate county staff and the County Attorney's office (sample agreement attached).

ATTACHMENTS

I. Jobs Grant Application 2. Jobs Grant Agreement

Approved Agenda Item

Indian River Co.

By~,~oeph A~ For:~ 5, 2011

F:\Community Development\Users\EDplannr\Incentives & Funding\Jobs Grant Program\SMI Telecoms\BCC agenda item SMI Telecoms v2.doc

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LOCAL JOBS GRANT PROGRAM APPLICATION

I. APPLICANT INFORMATION:

SMI Telecoms LLC Philip Brooks Business Name Business Owners Name

280 Madison Avenue, 9th Floor, New York, NY, 10016 Address

+] 917 2914672 pbrooks@smi-tcom www.smi0 t.com Phone Number Email Website

Phil Brooks ChiefExecutive Officer Contact Person Title

Business Unit's Federal Employer Identification Number: Business Unit's Unemployment Compensation Number:

Which of the following best descnbes this business: ✓ New business to Indian River County

• Existing business in Indian River County creating new jobs If an expansion, how many jobs are currently in the business?

II. PROPOSED SITE LOCATION (if known):

10305 102nd Terrace, Sebastian, FL 32958

Address City Zipcode

Property Parcel Number(s)

Current Location (if different):

Address City State Zipcode

Property Parcel Number(s)

l

Attachment 1

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• .

III. BUSlNESSDESCRIPTION: Give a full description of the primary business activities/functions:

SMI Telecoms develops software solutions for the global telecommunications industry. The company also provides implementation and support services for its products. Office based functions include admin, sales, support, project office, research and development and management. Implementation and consultancy staff tend to be geographically dispersed.

List the NAICS Code(s) for the business: 5112, 5415, 5416 Note: NAICS Codes for business types can be found at the following website: http://www.census.gov/epcd/naics07/

Will the site be a dedicated headquarters office (regional, national, or international)?

National-Headquarters

IV. JOB CREATION INFORMATION:

Anticipated number of new full-time jobs that will be created by the business in Indian River County: 25

Salary range of new full-time jobs identified in the previous question: $25,000 - $110,000per annum

(PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION)

Phase Number of net new full-time Date by which jobs Average Annual equivalent _jobs created in the business will be. created Wages($)

I 5 October 2011 $70,000

II 8 July 2012 $80,000

III 12 January 2013 $75,000

Total 25

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135

V. CRIMINAL/CIVIL FINES OR PENAL TITES:

List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company: NONE

To the best of my knowledge, the information included in this application is accnrate.

'.b& Moy Ao 1 ! Date

Philip Brooks Printed Name

I.

II.

JOBS GRANT APPLICATION CHECKLIST

Brief narrative that describes nature of applicant's business

Letter of Authorization from owner if applied for by anyone other than owner

3

0 0

0 0

136

m. Verified statement ( separate letter) naming every individual or entity Having legal or equitable ownership in the property

4

0 0

---------------------------- ------~--- ---

INDIAN RIVER COUNTY JOBS GRANT AGREEMENT

TIDS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 5th day of July, 2011 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and SMI Telecoms, LLC a limited liability corporation authorized to do business in the State of Florida, hereinafter referred to as COMPANY.

BACKGROUND RECITALS:

WHEREAS, it is the policy of COUNTY to stimulate economic growth in Indian River County by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and

WHEREAS, the creation of new employment opportunities for residents oflndian River County and the increased tax revenues resulting from such business expansions or relocations within Indian River County is beneficial to the local economy; and

WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents oflndian River County; and

WHEREAS, Indian River County, through its Board ofCounty Commissioners, has created a local Jobs Grant Program; and

WHEREAS, COMP ANY, in accordance with the county's Jobs Grant Program criteria, will relocate to and expand its existing business in Indian River County to create new employment opportunities that pay at least 75% of Indian River County's average annual wage level; and

WHEREAS, COMP ANY has been determined to be eligible to receive a Jobs Grant; and

WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with County jobs grant program requirements; and,

WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows:

1. Definitions. As used in this Agreement, the following terms shall mean:

a. "Annual Wage" - includes salary, bonuses, and commissions.

-1-

Attachment 2

138

2.

3.

b. "Default" - failure to comply with the terms of this Agreement.

c. "Effective Date" - shall have the meaning set forth in Paragraph 2 herein.

d. "Expansion of an existing business" - shall be defined as a business establishing 5 or more jobs to employ 5 or more full-time employees in the County.

e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week.

f. "Indian River County Average Annual Wage" - shall be defined as the average annual wage per job in Indian River County as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the County's average annual wage is $34,730 (2009 value, effective January 1st

2011 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this agreement for determining local jobs grant incentives.

g. "New Business" - shall be defined as a business establishing 5 or more jobs to employ 5 or more full-time employees in the County within the term of the Grant, (as such term is hereinafter defined) provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business.

h. "Quarterly Unemployment Compensation Report (UCT-6 form)" - Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for unemployment compensation should employees cease to be employed. For purposes of this jobs grant agreement, this definition shall also include other similar county approved certified forms from COMPANY or COMPANY's professional employer organization.

Term; Termination. This Agreement shall be effective on July 5, 2011 (the "Effective Date") and shall automatically terminate after COUNTY has made the last payment to COMPANY unless terminated earlier by COUNTY because ofa default by COMPANY.

Grant Eligibility; Payment Schedule.

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a. COMP ANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount ofup to $169,000 if COMP ANY locates within Indian River County. Said Grant shall be payable in 3 one year periods by Phase as more.specifically set forth herein.

COMP ANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re-imbursement basis. There are a total of 3 separate Phases. The number of jobs estimated to be provided by phase is listed below.

(i) For Phase I, 5 new qualifying jobs meeting the wage level commitment in Section 6 of this Agreement will be provided by 12/31/11. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMP ANY shall receive 1/3 of the Grant amount for those 5 jobs.

(ii) For Phase II, 8 new qualifying jobs meeting the wage level commitment in Section 6 of this agreement will be provided by 9/30/12. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMP ANY shall receive 1/3 of the Grant amount for those 8 jobs.

(iii) For Phase III, 12 new qualifying jobs meeting the wage level commitment in Section 6 of this agreement will be provided by 3/31/13. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMP ANY shall receive 1/3 of the Grant amount for those 12 jobs.

(iv) It is understood that the quantity and types of jobs proposed by phase, their annual wages, and dates of hire are estimates. Because of this, the quantity and types of jobs provided in each phase may shift between phases,

. and phase commencement dates may be extended. Proposed jobs will remain eligible for local jobs grant incentives provided:

a. The minimum number of qualifying jobs that must be provided in Phase I is 5.

b. The maximum number of jobs eligible for local jobs grant funds between Phases I, II, and III is 25.

c. The maximum extension for a phase commencement date shall be one year. Such commencement date may be approved administratively by County staff. If any of the total 25 eligible jobs proposed for Phases I, II, and III are created after their proposed commencement date or, if applicable, after their administratively approved extension to the proposed commencement date, those jobs shall not be eligible for local jobs grant funds unless an amendment is made to this agreement to allow for this.

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4.

b.

d. In no case shall the total local jobs grant award exceed $169,000.

(v) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY. If, by the end of any of the annual periods, COMP ANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required but the annual wage for any of those jobs is less than required for that year, COUNTY will lower the jobs grant award for the respective year. Thus, the total jobs grant award could be less than $169,000 by the end of this Agreement.

Performance Evaluation for Payment. COMP ANY's performance evaluation will be conducted on an armual basis by the information provided on the State's Quarterly Unemployment Compensation Report (UCT-6 form). COMPANY shall supply additional documentation to COUNTY, in a form acceptable to COUNTY, showing that positions for which jobs grant funds will be awarded are filled by people who live in the general area/region and listing the type of position filled by each employee.

The Grant eligibility determinations will cover one year periods for each of the Phases, with each yearly period beginning and ending as follows:

I 12/31/2011 12/31/2012 1/1/2013 12/31/2013 1/1/2014 12/31/2014 II 9/30/2012 9/30/2013 10/1/2013 9/30/2014 10/1/2014 9/30/2015 III 3/31/13 3/31/14 4/1/14 3/31/15 4/1/15 3/31/16

(i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made within forty-five ( 45) days after the date COMP ANY submits the latest State Quarterly Unemployment Compensation Report comprising the Annual Job Status Report ( as defined in Paragraph 7), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last quarterly unemployment compensation report, as described above, not coincide with the date that an eligibility determination is made, COMP ANY shall have the right to file a report, in a form substantially similar to a quarterly unemployment compensation report, and such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45)-day period within which payment shall be made.

Relocation/Expansion Commitment. As a condition precedent to and as consideration for obtaining Jobs Grant Funds from COUNTY, COMP ANY agrees to

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locate in and expand its business operations on a suitable site in Indian River County as described on Exhibit "A", which is attached hereto and made a part thereof.

5. Job Creation Commitment. COMPANY estimates that it will provide 25 new jobs within the county as set forth in Exhibit "B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Local jobs grant funds will be awarded up to a maximum of$169,000. The jobs grant award will be based on the following:

75% to 99.99% oflndian River County Average Annual Wage

100% to 149.99% of Indian River County Average Annual Wage

150% oflndian River County Average Annual Wage ( or greater)

$3,000

$5,000

$7,000

6. Wage Level Commitment. COMP ANY estimates that it will pay 1 employee whose job is eligible for a Grant hereunder an annual wage of not less than $26,047.50; will pay 1 employee an annual wage of not less than $34,730.00; and will pay each of23 employees an annual wage of not less than $52,095.00. The annual wage of the positions shall be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 7 herein below, provide written verification of such wages satisfactory to COUNTY. COMP ANY'S failure to maintain its wage level commitment for any one year will result in the reduction of the Grant amount for that year(s).

7. Annual Job Status. COMPANY must provide COUNTY with State Quarterly Unemployment Compensation Reports (Form UCT-6) of its business operations within Indian River County on State form UCT-6 as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". The cumulative Quarterly State Unemployment Compensation Reports required to be filed for the annual period correlated with each eligibility determination shall collectively comprise the Annual Job Status Report.

For Phase I, there are 5 quarterly reports that must be submitted per grant eligibility determination time period; for the first grant eligibility determination time period, the five quarterly reports are for calendar quarter 4 in 2011, and calendar quarters 1, 2, 3, and 4 in 2012. For the second grant eligibility determination time period, the five quarterly reports are for calendar quarter 4 in 2012, and calendar quarters 1, 2, 3, and 4 in 2013. For the third grant eligibility determination time period, the five quarterly reports are for calendar quarter 4 in 2013, and calendar quarters 1, 2, 3, and 4 in 2014.

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8.

9.

10.

11.

For Phase II, there are 5 quarterly reports that must be submitted per grant eligibility determination time period; for the first grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2012, and calendar quarters I, 2, and 3 in 2013. For the second grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2013, and calendar quarters I, 2, and 3 in 2014. For the third grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2014, and calendar quarters I, 2, and 3 in 2015.

For Phase III, there are 5 quarterly reports that must be submitted per grant eligibility determination time period; for the first grant eligibility determination time period, the five quarterly reports are for calendar quarters I, 2, 3 and 4 in 2013, and calendar quarter 1 in 2014. For the second grant eligibility determination time period, the five quarterly reports are for calendar quarters 1, 2, 3 and 4 in 2014, and calendar quarter 1 in 2015. For the third grant eligibility determination time period, the five quarterly reports are for calendar quarters I, 2, 3 and4 in 2015, and calendar quarter 1 in 2016.

Default; Termination. In the event that COMP ANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement.

Indemnification. COMP ANY shall indemnify and save harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMP ANY, its agents, servants, or employees in the performance of services under this Agreement.

Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal 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 other remedy given hereunder or now or hereafter existing by law orin equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial.

Lobbyist Certification. COMP ANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMP ANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMP ANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement.

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12. No Discrimination Certification. COMP ANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.

13. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs.

14. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The Company's failure to maintain its job creation commitmentor annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the Company's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment.

15. Assignment. COMP ANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of COUNTY. COUNTY shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written COUNTY consent shall be null and void and may, at the option of COUNTY, be deemed an event of default under this Agreement. COMP ANY acknowledges and agrees that COUNTY has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the Indian River County Board of County Commissioners, in its sole discretion, deems appropriate. If COMPANY seeks COUNTY's consent for a Transfer, COMPANY shall submit to COUNTY a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in Indian River County; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) any such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof, and such Transfer

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16.

17.

shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMP ANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the County's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement.

Conflict oflnterest. COUNTY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. COMP ANY further represents that no person having any interest shall be employed for said performance.

Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to:

Indian River County Community Development Director 1801 27th Street Vero Beach, Florida 32960

and if sent to COMP ANY shall be mailed to (or current, official address):

SMI Telecoms, LLC 280 Madison Avenue, 9th Floor New York, NY 10016

18. Entire Agreement. COUNTY and COMP ANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto.

19. No Pledge of Credit. COMP ANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.

20. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.

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22. General. The Background Recitals are true and correct and form a material part of this Agreement.

IN WITNESS WHEREOF, the Board of County Commissioners ofindian River County, Florida has made and executed this Agreement on behalf of the COUNTY and the COMP ANY has hereunto set its hand the day and year above written.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY:. _____________ _ Bob Solari, Chairman

ATTEST BY:

Jeffrey K. Barton, Clerk APPROVED:

LEGAL SUFFICIENCY

. .(er: Alan Polac

COMPANY: SMI Telecoms, LLC

BY,/&f ;

C ,,.t::O Title: ____________ _

Typed Name

WITNESS:

1et--fJ_ ~y Signature ~

Title:. __ 0_."""_ . .._r~_'"_1-1--V_r __ _

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EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & SMI TELECOMS LLC

Company Identification and Information:

Application date: May 31, 2011

Company description:

COMPANY's proposed facility will be its national headquarters. COMP ANY develops software solutions for the global telecommunications industry. COMP ANY also provides implementation and support services for its products. While administrative, sales, support, project office (logistical management), research and development, and management staff will be located within the headquarters office, implementation and consultancy staff tend to be geographically dispersed. Because implementation and consultancy positions within COMP ANY are geographically dispersed, some of the 25 proposed employees may ultimately not live within Indian River County or in the surrounding region (adjacent .counties), and those positions will not be eligible for jobs grant funds. The exact number of positions that will be eligible for the local jobs grant program will be determined as COMP ANY proceeds with its hiring and expansion plans.

Company's proposed new physical address in Indian River Connty:

10305 102nd Terrace Sebastian, FL 32958

Company's local mailing address:

SMI Telecoms, LLC is proposing to locate its National Headquarters at the address listed above. If the location changes, COMP ANY will promptly notify COUNTY of its new location. To be eligible for and remain eligible for the local jobs grant program, COMP ANY must locate its National Headquarters within Indian River County. Positions eligible for the jobs grant program must be based out of the National Headquarters and meet other applicable requirements of this agreement.

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EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & SMI Telecoms, LLC (COMP ANY)

I. Target Industry Categories eligible for application:

COMP ANY qualifies for the jobs grant program under the "Telecommunicatimis" category.

Under the 2007 North American Industrial Classification System (NAICS), COMP ANY's activities are classified in categories 5112 "Software Publishers", 5415 "Computer Systems Design and Related Services", and 5416 "Management, Scientific, and Technical Consulting Services".

II. Employment Commitment:

The COMP ANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County:

1)_1 _

2)_1_

3) 23

# of new, full-time employees whose annual wage is between 75% and 99.9% oflndian River County's average annual wage.

# of new, full-time employees whose annual wage is between 100% and 149.99% of Indian River County's average annual wage

# of new, full-time employees whose annual wage is 150% or greater of Indian River County's average annual wage

III. Grant Amount

75% to 99.9% of Indian River County Average 1 $3,000 $3,000

Annual Wa e 100% to 149.99% of Indian River County Average

1 $5,000 $5,000 Annual Wa e 150% or greater of Indian River County Average

23 $7,000 $161,000 Annual Wa e Total 25 $169,000*

*The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. ln no case shall the total amount of the grant exceed $169,000.

F:\Community Development\Users\EDplannr\lncentives & Funding\Jobs Grant Program\SMI Telecoms\Job Grant Agreement SMI Telecoms. Proposed v3 - For Creating PDF.doc

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150

Department Matters Community Development


MEMORANDUM


THRU:

FROM:

DATE:

RE:

Robert M. Keating, AIC , Comm

Sasan Rohani, AICP > •/Y Chief, Long-Range Planning

Bill Schutt, AICP Senior Economic Development Planner

June 23, 2011

Development Director

Request to Amend the Neighborhood Stabilization Program Community Development Block Grant Housing Assistance Plan

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 5, 2011.


As part of the County's 2008 Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) application, the County prepared a Housing Assistance Plan (HAP) that details how NSP funds will be used. That plan addresses issues such as the maximum amount that the County will pay for a housing unit, how housing units will be selected for purchase, what rehabilitation standards will apply to acquired housing units, how contractors will be selected to rehab housing units, how funds will be utilized to assist renters and home purchasers, and how funds will be used to market the housing units for sale. Since the HAP was adopted in March of 2009, it has been amended several times to address changed circumstances that have impacted both the housing rental and housing resale programs.

Currently, Housing Authority staff and County Community Development staff are in the process of marketing the NSP homes that were acquired for resale to qualified buyers. That process involves

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reviewing buyer applications and working with local lenders to provide buyers with first mortgages for NSP homes.

Recently, staff met with the local lenders who work with potential buyers of NSP homes and determined that making one modification to the NSP Housing Assistance Plan (HAP) would allow more buyers to qualify for NSP home purchase. That modification involves changing the amount of the downpayment required to be paid by the applicant/buyer with out of pocket funds from 1. 75% of the sales price to a $500.00 contribution.

When staff developed the HAP, NSP regulations mandated that NSP home buyers pay half of any required downpayment. At that time, the assumption was that NSP homebuyers would obtain FHA financing. Since FHA loans have a required downpayment of3.5% of a home's purchase price, the HAP was written to reflect that NSP buyers would pay half of that amount.

Since then; however, circumstances have changed. One such change is that the State Department of Community Affairs (DCA), the agency that manages the NSP in Florida, has broadly interpreted the NSP requirement that a buyer/applicant must pay half of any required downpayment. According to DCA' s interpretation, NSP funds can be used to pay more than half of the required downpayment if the NSP paid downpayment amount is incorporated into a second mortgage on the property being sold. This allowance is currently being used by a number oflocal governments in the state, including St. Lucie County and the City of Port St. Lucie. Instead of requiring that an NSP applicant/buyer pay half of the required downpayment, both St. Lucie County and the City of Port St. Lucie require that an applicant/buyer pay $500.00 and finance the remainder with an NSP second mortgage.

As proposed, the revised NSP CDBG HAP deletes the requirement that an NSP buyer household pay I. 7 5% of the sales price of the to-be-purchased home, and adds a requirement that an NSP buyer household must contribute $500.00 to the purchase price of the NSP home.

ANALYSIS

For the past several months, the Housing Authority has been actively marketing its 19 NSP CDBG houses. Thus far, the Housing Authority has sold only 4 of the acquired homes. That should change in the near future for two principal reasons. First, the initial home sales are creating more interest from potential buyers. Second, the NSP houses were recently put in the Board of Realtors Multiple Listing Service, providing notice that NSP funds will be used to pay a 3% commission to a real estate broker who sells an NSP house.

Despite the added interest from potential NSP buyers, local lenders working with the NSP program have indicated that the current requirement that an NSP buyer pay 1.75% of the house's purchase price with his own funds could limit the number of potential NSP buyers. With the proposed HAP amendment to delete the 1.75% requirement and require a $500.00 contribution instead, more NSP buyers should be eligible to purchase homes, and NSP home sales should increase.

2

152

The proposed HAP modification has an additional advantage. Since an NSP buyer/applicant will not .have to pay half of the required downpayment, the lenders working with NSP buyers can use the gap financing provided with NSP funds for downpayment purposes. With that allowance, NSP buyers will qualify for conventional loans which require a 20% downpayment. Because conventional loans do not require mortgage insurance, monthly housing payments will be lower, and more applicants can qualify to purchase an NSP house.

The proposed modification to the HAP is attached. At this time, the Board should review this change and approve the revised HAP.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the proposed change to the NSP CDBG Housing Assistance Plan and authorize the Chairman to sign the revised Housing Assistance Plan.

ATTACHMENT 1

1) Proposed modification to NSP CDBG Housing Assistance Plan (page 13)

Indian River Co. Approved Date Approved Agenda Item:

Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\CDBG\2008 NSP\BCC Items\BCC Staff Report HAP Modification for $500 downpayment-July 5_2011.docx

3

153

For properties acquired with NSP funds and sold to a qualifying household, the buyer household will must contribute $500.00 to the purchase of the home and must obtain a principal mortgage from a financial institution, while the local government will provide the purchasing household with a second mortgage. The second mortgage will be for an amount that reflects the difference between the purchase price less the $500.00 buyer contribution and the principal mortgage amount. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL). The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Second mortgage will be limited to the following:

• An amount not to eKeeed one half ef the down J3ayment required liy the conventional first mortgage lender, or one and three quarters J3ereent (1.75%) of the sales J3rioe of the J3ro13erty, whichever is less.

• An amount not to exceed ten percent (10%) of the sales price of the property for closing cost assistance. This closing cost assistance may be used to pay the buyer's recording fees, intangible taxes, stamps on the note, mortgage title insurance, wood destroying organism inspections, appraisal fees, property survey fees, credit reports, lender's document preparation fees, underwriting fees, closing attorney's settlement fees, buyer's courier fees, prepaid property taxes, prepaid homeowner's insurance, prepaid flood insurance, and any other fees included on the Department of Housing and Urban Development (HUD) closing statement for the property agreeable to both the buyer and the seller.

• An amount equal to the difference between the sales price of the property less a $500.00 required buyer contribution and the amount a mortgage lender selected by the buyer and approved by the County has committed to loan to the buyer for the purchase of the property through a thirty (30) year fixed rate conventional first mortgage utilizing the property being acquired as collateral. The amount of the Gap Financing Assistance may not exceed an amount equal to thirty-five percent (35%) of the sales price of the property.

5. HOMEOWNERSHIP ASSISTANCE

Indian River County will utilize NSP funding to assist with closing cost assistance. All NSP funds utilized as closing cost assistance will be secured by a second mortgage on the residence. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL). The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Deferred Payment Loan will be recorded as a second mortgage on the property.

ATTACHMENT 1

13 154

DATE:

TO:

FROM:

UTILITY DEPARTMENT AGENDA ITEM

INDIAN RJVER COUNTY, FLORJDA AGENDA ITEM

JUNE 27, 2011

JOSEPH A. BAIRD, COIB?Xt°~:ATOR

W. ERJK OLSON - DIREC~;;, UTILITY SERVICES

PREPARED AND STAFFED BY:

MIKE HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER rt/µ__ GORDON E. SP ARKS, P.E., ENVIRONMENTAL ENGINEER l'il=c .S DEPARTMENT OF UTILITY SERVICES

SUBJECT: SR 60 FROM 58TII AVENUE TO 66TII AVENUE RESOLUTION OF CONFLICTS WITH PROPOSED FDOT DRAINAGE IMPROVEMENTS THROUGH LABOR CONTRACTOR AND APPROVAL OF FDOT AGREEMENT TO RAISE VAL VE BOXES, UCP #4076

DESCRIPTIONS AND CONDITIONS

The segment of SR 60 between 58th Avenue and 66th Avenue, designated as Phase 4 by the Utilities Department, will consist of drainage, pavement improvement and traffic signal construction and is planned to begin in 2012. The Indian River County Utilities Department (Utilities Department) received an email on June 15, 2011 from the Florida Department of Transportation's (FDOT) consultant (R. J. Behar) describing a widening and reconstruction project on SR 60 from just west of 58th Avenue to just west of 66th Avenue (See Attachment !). The email requested that the County Utilities Department: I) relocate a 12" water main causing a conflict with proposed drainage

· improvements; 2) submit four copies of an executed Utility Work Schedule; submit four copies of an executed Highway Contract Agreement; and provide a certified check for $6.316.20 for the FDOT's Contractor to raise valve pads during construction.

ANALYSIS

The Utilities Department staff decided that the best way to resolve the conflict between proposed drainage improvements and the existing 12" water main on the south side of SR 60 was to utilize the Utilities Department Labor Contractor. The estimated total project cost for construction of

F:\Utilities\UTILITY - ENGlNEERING\Projects - Utility Construction Permits\lRC - SR 60 PHASE 4 - 66th Ave to 58th Ave UCP#\A -AGENDA Memo to Baird to Approve Project June 27, 2011.doc

155

improvements to resolve the conflict using the Labor Contractor, Melvin Bush, Incorporated of Ft. Pierce, is $9,458.65 (See Attachment 2). The labor cost is estimated to be $5,795.90 and the material costs are estimated to be $3,662.75. A Work Authorization No. 2010-003 for $5,795.90 for Melvin Bush Construction, Inc. has been prepared (See Attachment 3). Once it has been signed by the Chairman, it should be returned to Gordon Sparks in the Utilities Department (Ext. 1823) for forwarding to the Labor Contractor with a Notice to Proceed.

There are a total of (29) twenty-nine valve boxes in the roadway that require adjustment to the proper elevation after the mill and pave operation is complete. The FDOT has provided a unit price cost of $198.00 per valve adjustment which totals $5,742.00. Adding a contingency of 10% ($574.20), the total cost will be $6,316.20 for the FDOT Contractor to adjust the valve box elevations (See Attachment 4). A similar project on SR 60 completed last year required a unit price of $400.00 per valve box adjustment; however, the boxes had to be adjusted more than one time during construction.

The FDOT has submitted a "Utility Work By Highway Contractor Agreement" and five (5) copies are enclosed as Attachments 5. These are to be executed by the Chairman after approval by the Board of County Commissioners. The agreement has been reviewed and approved by the County Attorney's office (See Attachment 6). Four (4) of the executed Agreements will be returned to Gordon Sparks in the Utilities Department (Ext. 1823) for forwarding to the proper FDOT representative, and one will be given to the County Clerk to file.

The FDOT also requested four (4) copies of a "Utility Work Schedule". This document is a standard form that has been used for all previous utility projects in the FDOT ROW. It is prepared by the staff of the Utilities Department, can be approved and executed at that level and does not require BCC approval. Therefore, it is not part of this agenda item and will be handled separately by staff.

FUNDING

Funds for this project will be derived from the R & R Budget in the Operating Fund. The Operating Fund budget is derived from water and sewer revenues.

ACCOUNT NUMBER ACCOUNT NAME AMOUNT ·-

471-23536-044699- SR 60 Phase 4 Conflict and $15,774.85 11506 Valve Box Adjustments

F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - SR 60 PHASE 4 -66th Ave to 58th Ave UCP#\A - AGENDA Memo to Baird to Approve Project June 27, 2011.doc

156

RECOMMENDATION

The staff of the Utilities Department recommends that -the Board of County Commissioners approve the construction of the offset to resolve the water main conflict for labor and materials in the amount of $9,458.65, authorize execution by the Chairman of Work Authorization No. 2010-003 for the 'Labor Contractor for $5,795.90 and approval of payment to the J:iDOTof$6,316.20 in the form ofa certified check to adjust the valve boxes and authorization by the Board of County Commissioner for the Chairman to execute five copies of the "Utility Work By Highway Contractor Agreement", as presented (See Attachments 5).

GES/ges Attachments:

1. Email from FDOT Consultant 2. Cost Estimate for Conflict Resolution 3. Work Authorization No. 2010-003 4. Cost to Adjust Valve Boxes 5. Utilities Work By Highway Contractor Agreement 6. Evidence of Approval By Attorney's Office of Agreement


BY: ~..L.eY..!!..i',,1-,LJ....c,il----'-',.!.~0~1 nj=:'.!JI.L._. __ Indian River Co.

Administration

Legal

DATE: 6-, 6201 I /

Budget

Risk Management

Utilities

F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - SR 60 PHASE 4 -66th Ave to 58th Ave UCP#\A - AGENDA Memo to Baird to Approve Project June 27, 2011.doc

157

Art Pfeffer

From: Sent: To: Cc: Subject: Attachments:

Mr. Pfeffer,

Sean Okeefe ([email protected]] Wednesday, June 15, 2011 3:02 PM Art Pfeffer [email protected]; 'WORKMAN, Marty' SR-60 Utility Agreements - Indian River County Utilities Department Utility Work Schedule IRCo W&S.DOC; w71001057.pdf

Our firm has been retained by the Florida Department of Transportation, FDOT, District 4, to assist in coordinating of the utility relocations for the upcoming SR-60 improvements, FDOT Contract FM 424638-1-52-01. After review of the contract plans, Indian River County Water Utilities Department, has agreed to provide the following:

• Relocate the 12" DIP away from the drainage inlet planned for STA 2549+73, 20' (RT), in accordance with the attached Utility Work Schedule.

• County provide payment of$ 6,316.20 for work to be performed by the FDOT's Contractor, described in the attached Utility Work by Highway Contractor's Agreement.

At your request, we have prepared this memorandum to assist the County's resolution approving these actions. Please note that the attached documents are only copies of the documents sent previously. We are requesting from your office that you submit the following:

• Four (4) signed copies of the Utility Work Schedule, • Four (4) signed copies of the Utility Work by Highway Contractor Agreement, and • A certified check made payable to the State of Florida, Department of Transportation, in the amount listed

above.

We would appreciate it if your office could return these items by no later than Friday June 25, 2011. We hope you find this request to be satisfactory for your needs, however, if you have any questions or require any additional information, please feel free to contact me at 561-333-7000.

Sincerely RJ Behar & Company, Inc.

Sean O'Keefe, PE

1

ATTACHMENT 1 158

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N,.

'

' ' " ' "

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L__

Indian River County Department of Utilities

COST ESTIMATE FOR 12" OFFSET ON WATER MAIN AT STA. 2549+73.00, 20.24' RT

Project: SR 60 from 58th Avenue to 66th Avenue - Conflict with Proposed FOOT Drainage/Paving Project

Description: UCP # 4076, WIP # 47123536-044699-

Bid Bid Item Estimated

Item No. Descrintion Ouantitv

2549+73.00. 20.24' RT- '12" PVCWaterMain) Install 12" Offset Behind S-4 Inlet

71 Mobilization Demobilization & MOT 1

0lf Install 12" PVC Water Main 60

07 Fittin<>~, Misc. 0.25

!Ob Remove and Disoose of Pine IO" throue:h 12" 60

07 Install Four (4) MJ 45-de!!:ree Bends 0.50

08b lostall 12" MJ Restrainer 12

Subtotal Subtotal Water System Labor

Subtotal Subtotal Water Svstem Labor, Mob. Demob .• MOT. Materials. & Permitting

Force Accnt. IRCDUS Contingency Account 1

LABOR COSTS MATERIAL COSTS

Melvin Bush Construction, Inc. HD WATERWORKS

Unit of Labor Unit Total Labor Material Unit Total Material

Measure Price Price Price Price

10% $479.00

LF $9.00 $540.00 15.00 900.00

Tons $41,000.00 $1,000.00 3 500.00 875,00

LF $5.00 $300.00

TONS $3,500.00 $1,750.00 2 335.50 1,167,75

EA SI00.00 $1,200.00 60.00 720.00

$4,790.00

$5,269.00

Allowance 10% $526.90

SubTotal Labor Cost $5,795.90 Subtotal Material Costs I 3 662.75

I TOTAL PROJECT COST $9 458.65

I ATTACHMENT 2

WORK AUTHORIZATION DIRECTIVE No. 2010-003

IRC-SR 60 From 58th Avenue to 66th Avenue Drainage and Paving Improvements Resolution of Conflict Between Existing 12" Water Main and Proposed FDOT Drainage Inlet

DATE OF ISSUANCE: July 201 I EFFECTIVE DATE: July 201 I

OWNER: Indian River County CONTRACTOR: MelvinBush Construction Inc. CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT/ EXTENSIONS

AND MISCELLANEOUS LABOR CONTRACT, BID NO. 2009026, AW ARD ED September 7, 20 I 0

PROJECT: Construct Conflict Resolutions at Sta. 2549+73.00, 20.24' RT COUNTY UTILITY PROJECT NO.: UCP #4076 CONTRACTOR'S PROJECT NO.: NIA COUNTY WIP. No. 471-23536-044699-

You are directed to proceed promptly with the following work:

Description: Construct utility conflict resolution as directed by Utilities staff using offset method either behind or under proposed inlet, depending on existing utility locations

Purpose of Work Authorization Directive: The construction of the conflict resolutions will allow FDOT to construct drainage inlet improvement in SR 60

Attachments: (List documents supporting work)

Method of determining Contract Price: IBl Unit Prices: Bid Items as established pursuant to Bid No. 2010052, and awarded by the Board of County

Commissioners on September 7, 2010 to Melvin Bush Construction, Inc. D Lump Sum D Cost of the Work

The Cost of Labor, Contingency and Contract Time is summarized below:

Estimated Labor Cost =

Total Estimated Labor Costs=

ACCEPTED:

By: _______ _ Melvin Bush Constr., Inc., Labor Contractor

Date: _______ _

$5,795.90 Estimated Contract Time:

$5,795.90

By: ~4 RE~

'Gor<lonE.spark. Environmental Engineer

Date:

45 days

APPROVED:

By: ______ _ Bob Solari COUNTY, CHAIRMAN

Date: ______ _

ATTACHMENT 3

F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - SR 60 from 58th Avenue to 66th Avenue Phase 4 -UCP#4076\AI - Work Authorization No. 2010-003.doc 160

Project:

FPID:

Pay Item

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425'6 425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6

425-6 425-6 425-6

SR-60 RRR west of 66th Avenue to 58th Avenue 424638-1-52-01

Summary of Quantities

Description Station Offset LT/RT Valve Boxes, Adjust 2543+33 93' LT Valve Boxes, Adjust 2543+64 93' LT Valve Boxes, Adjust 2548+44 91' LT Valve Boxes, Adjust 2550+43 16' RT Valve Boxes, Adjust 2551+40 23' RT Valve Boxes, Adjust 2551+69 34' RT Valve Boxes, Adjust 2553+25 92' LT Valve Boxes, Adjust 2553+56 19' RT Valve Boxes, Adjust 2554+33 95' LT Valve Boxes, Adjust 2554+40 90' LT Valve Boxes, Adjust 2554+62 24' RT Valve Boxes, Adjust 2557+01 17' RT Valve Boxes, Adjust 2557+23 89' LT Valve Boxes, Adjust 2558+02 30' RT Valve Boxes, Adjust 2558+16 20' RT Valve Boxes, Adjust 2558+40 30' RT Valve Boxes, Adjust 2562+65 84' LT Valve Boxes, Adjust 2562+69 87' LT Valve Boxes, Adjust 2563+44 35' RT Valve Boxes, Adjust 2563+63 88' LT Valve Boxes, Adjust 2563+80 20' RT Valve Boxes, Adjust 2568+07 41' RT Valve Boxes, Adjust 2568+44 21' RT Valve Boxes, Adjust 2568+98 84' LT Valve Boxes, Adjust 2568+99 36' RT Valve Boxes, Adjust 2576+03 86' LT Valve Boxes, Adjust 2576+60 45' RT Valve Boxes, Adjust 2576+95 76' RT Valve Boxes, Adjust 2586+48 62' RT

Subtotal:

Contingency (10%):

Total:

Unit Price

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 198.00

$ 5,742.00

$ 574.20

$ 6,316.20

ATTACHMENT 4 161

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57

UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04

Financial Project ID: 424638-1-52-01 Federal Project ID:

County: Indian River State Road No.: SR-60

District Document No:

Utility Agency/Owner (UAO): Indian River County Department of Utility Services

THIS AGREEMENT, entered into this __ ~day of yearof __ ~ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT," and Indian River County Department of Utility Services, hereinafter referred to as the "UAO";

WITNESSETH:

WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and

WHEREAS, the FOOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise- changing a public road and other improvements localed on a public road or publicly ovmed rail corridor identified as RRR SR-60 west of 66th Ave to 58th Ave, State Road No. 60, hereinafter referred to as the "Project"; and

WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and

WHEREAS, the FOOT will perform the Utility Work as part of the Project; and

WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and

WHEREAS, the FOOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work;

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and the UAO hereby agree as follows:

1. Performance of Utility Work

a. The FOOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate.

b. All location. protection. relocation, adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement.

2. Cost of Utility Work

a. The UAO will, at least Tofil (30) calendar days prior to the date on which the FOOT advertises the Projectfor bids, pay the FDOTthe amount of$ 6,316.20 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund.

b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes.

Page 1 of5

ATTACHMENT 5 162

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM)

Form No. 710-010-57 UTILITIES

10/04

c. Except for costs associated with any changes or additions to the Utility Work, the FOOT and the UAO agree that the deposit shall be an asset of the FOOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit.

d. Pursuant to Section 337.403(1 )(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent thatthe amount stated in Subparagraph 2.a. above exceeds the amount of the FOOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337 .11 (8), Florida Statutes.

3. Default

a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:

(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FOOT.

(2) Pursue a claim for damages suffered by the FOOT.

(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT property if the breach is material and has not been cured within 60 days from written notice thereof from FOOT until such time as the breach is cured.

(4) Pursue any other remedies legally available.

(5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes.

b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options:

(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO.

(2) Pursue any other remedies legally available.

c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof.

4. Indemnification

FOR GOVERNMENT-OWNED UTILITIES:

To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this

Page 2 of5

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Form No. 710·010•57 UTILITIES

10/04

section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement.

When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs.

FOR NON-GOVERNMENT-OWNED UTILITIES:

The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and Whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement.

The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend.

5. Force Majeure

Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.

6. Miscellaneous

a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities.

b. Pursuant to Section 287 .058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement.

c. This Agreement constitutes the complete and final expression of the parties with respect to the subject

Page 3 of5

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10/04

matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request.

d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.

e. Time is of essence in the performance of all obligations under this Agreement.

f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall _be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the follov.tjng addresses:

If to the UAO:

Art Pfeffer, Indian River County Department of Utility Services Indian River County Administrative Complex, Builc:linq A - First Floor 1801 27'" Street Vero Beach, FL 32960

If to the FDOT:

Carolvn Gish Treasure Coast Ooerations Enaineer 3603 Oleander Avenue Ft. Pierce, FL 34982-6594

7. Certification

This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document."

You MUST signify by selecting or checking which of the following applies:

D No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached.

D No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document."

Page 4 of 5

165




10/04

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.

UTILITY: Indian River County Department of Utility Services

BY: (Signature)

(Typed Name: Bob Solari

(Typed Title: Chairman, Board of County Commissioner's

Recommend Approval by the District Utility Office

BY: (Signature)

FOOT Legal review

BY: (Signature)

District Counsel


BY: (Signature)

(Typed Name: James A. Wolfe)

(Typed Title: District Secretary)

FEDERAL HIGHWAY ADMINISTRATION (if applicable)

BY: _________________________ _

(Typed Name: __ )

(Typed Title: _)

Page 5 of 5

DATE:

DATE:

DATE:

DATE:

166

Gordon Sparks

From: Melissa Anderson

Sent: Thursday, May 12, 2011 9:07 AM

To: Alan Polackwich; Gordon Sparks

Subject: RE: SR 60 from 58th Avenue to 66th Avenue - FOOT Construction Project

These documents look fine.

From: Alan Polackwich Sent: Thursday, May 12, 2011 8:47 AM To: Melissa Anderson Subject: FW: SR 60 from 58th Avenue to 66th Avenue - FOOT Construction Project

Here are the documents.

From: Gordon Sparks Sent: Tuesday, April 19, 2011 2:32 PM To: Alan Polackwich Cc: Mike Hotchkiss; Art Pfeffer; Erik Olson Subject: SR 60 from 58th Avenue to 66th Avenue - FOOT Construction Project

Mr. Polackwich:

Page 1 of2

Next year the FOOT will begin what will be the fourth phase of improvements to SR 60, which always costs the County Utilities Department money (for which we finally started budgeting for several years ago). Before that, we were merely victims of FS 337.402 and 337.403, which I lovingly call the State's Unfunded Mandate Statutes.

Well, just as sure as the sun comes up every morning in the east, we are facing another one next FY. The work is supposed to be bid out in January 2012, with construction usually starting within a few months of that.

From the limited information we have received from the state's consultant so far, it looks like we are only facing one major utility conflict which we must address before the roadwork construction begins. The approval for the funds for this work will be the subject of a future agenda item. What we must address first is the adjustment of our valve box tops in the pavement of SR 60 after the paving surface is completed.

The last time we addressed this was for the westernmost section of SR 60 recently completed by Ranger Construction, Inc. We got separate BCC approval for about $45,000 to have Ranger make the adjustments for 14 manhole lids and 90 valve boxes (BCC Agenda of 3-17-09 under Utilities). We do not have a set

6/13/2011 ATTACHMENT6 167

Page2 of2

number of utility adjustments at this time, nor a firm price for the work. Staff will work this out in the near future. The way FOOT wants to handle it now is have the County enter into an agreement with the state to pay them for the work (See FS 337.403 (1) (b)). We will also have to work with their consultant to prepare a design for the offset work mentioned in the attached agreement.

Please review the agreement with the intent of telling the BCC it is acceptable and appropriate for execution by the Chairman. Staff is familiar with the FOOT staff and working with their consultants, and will handle all the details as far as completing the work in a timely manner in order to prevent their Contractor from claiming damages against the County on behalf of the FOOT. What we need is for you to provide the legal review and approval of the FOOT's documents beforehand.

Thank you, Gordon Sparks 4-19-11

6/13/2011 168

DATE:

TO:

FROM:

PREPARED& STAFFED BY:

SUBJECT:


BOARD MEMORANDUM

JUNE 15, 2011

JOSEPH A. BAIRD, ~TY ~MIN~TRATOR

W. ERIK OLSON, DIRECT~~ILITY SERVICES

ART PFEFFER, PROJECT SPECIALIST~ 1 f

MICHAEL C. HOTCHKISS P.E., CAPITAL PROJECTS MANAGER ,I/ pi.

FINAL PAYMENT SPOONBILL MARSH WETLAND FLOATING VEGETATIVE MATS

BACKGROUND AND ANALYSIS:

When the Spoonbill Marsh Wetland began operations in August 2010, the Florida Department of Environmental Protection. met with County Staff and recommended the placement of floating marine vegetative mats as an enhancement for nitrogen and phosphorous uptake. On March 1, 2011 the Board of County Commissioners awarded the project to Beemats, Inc of New Smyrna Beach, Florida on March 1, 2011 in the amount of $169,500.00. The project is now complete and has been accepted by the County. The installation includes 40 individual floating vegetative mats securely anchored in place at various specific locations with a total mat surface area of 20,000 square feet. The mats have been planted with halophyte plant species native to Indian River County, identical to the species found growing on-site. Beemats has been paid a total of $128,820.00 for 76% completion of the project. Final Payment in the amount of$40,680.00 will complete the County's obligation to the contractor.

FUNDING:

Funding for the Beemats, Inc. amount of $40,680.00 is available in the Spoonbill Brihe Marsh account in the Utilities Capital Fund. Funds for this project are derived from the capital fund. Capital Fund revenues are generated from impact fees.

ACCOUNT NAME ACCOUNT NUMBER AMOUNT Spoonbill Brine Marsh 472-169000-08505 $33,900.00 Spoonbill Brine Marsh 472-206001-08505 $6,780.00

TOTAL $40,680.00

F:\Utilities\UTILITY - Engineering\WTP - North RO\Gmd Hrb Spoonbill Marsh Site-UCP 2785\Floating Mats\Agenda Item Final Payment Beemats 051211.doc

169

RECOMMENDATION:

It is staffs recommendation that the Board of County Commissioners approve the Final Payment of $40,680.00, to Beemats, Inc. as presented.

ATTACHMENT:

I) Beemats, Inc Final Payment Application 2pgs.


Indian River County Date

Administration ?-/~.1// inistrator

,t2C)// Utilities

utilities

F:\Utilities\UTILITY -Engineering\WTP- North RO\Grnd Hrb Spoonbill Marsh Site-UCP 2785\F\oating Mats\Agenda Item Final Payment Beemats 051211.doc

170

--..J -

~~©~ • w~m W APR o,7ho11 W By

SECTION 00800 - Contractor's Application for Final Payment

Application for Payment No. 2. For Work Accomplished through the period of 3/18/11 through 3/29/1 T

To: Indian River County Department of Utility Services (OWNER} From: Beemats, LLC (CONTRACTOR) Contract: UCP2785 Project: Floating Mat System Spoonbill Marsh_~------------OWNER's Contract No. ---------~ ENGINEER's Project No. ____ _ ENGINEER-------,---------~

(1) Attach detailed schedule and copies of all paid invoices.

1. Original Contract Price: 2. Net change by Change Orders and Written Amendments(+ or-): 3. Current ContractPrice (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement):

100% of completed Work: ____ % of retainage:

Total Retainage: 6. Total completed and stored to date less retainage ( 4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7):

CONTRACTOR'S CERTIFICATION:

$169,500.00

$169;500.00 $169,500.00

$169,500.00 $128,820.00 JL.1Q.68Q.00

Indian Rim Co, Appro,ed Daw

Director Asst. Director

Engl near

Other

412.--l toqca)-(½9:>S ::- 'b3 /1cD<!:2-y1z-2doQ'.J 1-o'l.5C:5"' ~.1"60 g;,__

~ c:~ 1 hereby certify that me labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below.

The acceptance of final payment shall be and shall operate as a release of the OWNER from all claims and all liability to the CONTRACTOR other -than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance.Bonds.

00800-29

...... -..J N

Dated Ma.vc-h. 21 20 \ I (---··-

~. Yfl~ Sk~"'°: ~~-

, ---- .. EM. LINSLEY r ~ "'""' •

1 = I ·-W;, = ~ission DD 820757 ///4 ~ '6'1-::::,, 7 ¼ ~i; s December 13, 2012

X ~Rf..~ BondadThruTroy.fainl~S00-3,$5-7019

z..·

LZ.-1

CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best ofmy knowledge

and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor.

Dated~------------(ARCHITECT/ ENGINEER) SIGNATURE

CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Comtract Payments and the notes and reports of my

inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above.

Dated ____________ _ (ARCHITECT/ ENGINEER) SIGMATURE

Accompanying Documentation: _____________________________________ _

00800-28

!J..53

DATE:

TO:

FROM:


BOARD MEMORANDUM

JUNE 24, 2011

JOSEPH A. BAIRD, COUN~;

W. ERIK OLSO~<'\, / DIRECTOR OF 1:J'TILITY SERVICES

PREPARED AND STAFFED BY:

MICHAEL C. HOTCHKSS, P.E., CAPITAL PROJECTS MANAGER DEPARTMENT OF UTILITY SERVICES

SUBJECT: SOUTH WWTF 2012 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) OPERATIONAL PERMIT RENEW AL

BACKGROUND/ ANALYSIS:

The South Wastewater Treatment Facility (WWTF), located at 600 Highland Drive SW, is currently operating with a capacity of 2.0 MGD. The last FDEP operational permit was renewed in 2007, and is valid until 2012. In order to maintain a valid operational permit after the current perinit expires, the Department of Utility Services must apply to FDEP for a permit renewal.

The approval of this agenda item will authorize MBV Engineers, Inc. to process the necessary administrative duties to obtain an operational permit from FDEP.

The attached MBV Engineering, Inc. work authorization is for $20,750.00, which includes permit administration for the South Regional WWTF.

FUNDING:

Funding for the Professional Service Work Authorization is budgeted and available in the Wastewater Management Other Professional Services Utilities Fund. Funds for this project are derived from the operating funds. Operating fund revenues for this professional services agreement are generated from sewer utility rates.

ACCOUNT NUMBER ACCOUNT NAME AMOUNT

47121836-033190 Wastewater Management Other Professional Services $20,750.00

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Professional Service Work Authorization for $20,750.00, authorize, as presented in Attachment A.

F:\Utilities\llTILITY. Engineering\WWTF - South Regional\20\2 FDEP Operations Permit Renewal\Agenda Item - 2012Permit Renewal.doc 173

Attachment(s):

Attachment 1) Professional Service Work Authorization for South Regional WWTF Operational Permit Renewal

Indian River Co.

Dept

F:\Utilities\UT!LITY • Engineering\WWTF • South Regional\2012 FDEP Operations Permit Renewal\Agenda Item - 2012 Permit Renewal.doc 174

•i:!MBV ENGINEERING, INC. '101A BOWLESVILlAMIZAR & ASSOCIATES

www.mbveng.com CA#372B

March 14, 2011

i: Mfi: Erik Olson Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960

Subject: Proposal / Contract for Professional Engineering Services Indian River County1£9uth County WWTF, Permit Renewal, ID# FLA0 104 3 5 Indian River County, Florida Engineer's Project Number: 11-184

Dear Mr. Olson:

At your request, we are hereby submitting our proposal to provide professional services for the above subject project.

PROJECT DESCRIPTION According· to the Florida Department of Environmental Protection (FDEP) Wastewater Treatment Facility (WWTF) records, the Indian River County, South County WWTF, Operating Permit (FLA010435) will expire on July 15, 2012. Rule 62-620.335 of the Florida Administrative Code (F.A.C.) requires that all wastewater treatment facilities renew the FDEP Operating Permit every five years. Applications for permit renewal must be submitted to the appropriate FDEP office six months prior to the expiration of the FDEP Permit. Therefore, the renewal application for the Indian River County, South County WWTF, is due on or before January 15, 2012. The following scope is provided to address these items.

SCOPE OF SERVICES Task 1 - Site Inspection

MBV Engineering, Inc. will conduct the required site inspections to inspect the site and meet with the plant operators. The inspections will include an evaluation of the following:

1. The general condition of the facility 2. Component, system, and process reliability standards as required by Rule 17-

600.400(1 )(b ), F.A.C. 3. Component, system, and process operations 4. Hydraulic and organic loading 5. Safety features

I 835 20th Street Vero Beach, FL 32960

772.569.0035 Fax:772778.3617

1600 W. Eau Gallie Blvd., Suite 203 Melbourne, FL 32935

321.253.1510 Fax: 321.253.09 I I

806 Delaware Avenue Ft Pierce, FL 34950

772.468.9055 Fax: 772.778.3617 175

Mr. Erik Olson March 14, 2011 Page 2 Proposal: 11-184

6. Operator certifications 7. Facility maintenance program 8. Facility records 9. Sampling procedures 10. Laboratory analysis procedures

Task 2 -Tabulation and Analysis of Plant Operating Data MBV Engineering, Inc. will tabulate and analyze, as required by FDEP, historical plant operating data, which documents plant operating conditions for the duration of the current operating permit. Plant operating data will be provided by Indian River County Utilities (IRCU) staff as specified in the "Information Provided by Owner" section found within this Scope of Services.

Task 3 - Preparation and Submittal of FDEP Permit Renewal Application MBV Engineering, Inc will prepare and provide to FDEP and IRCU, the following applications and forms necessary to obtain the facility's required operating permit.

1. FDEP Wastewater Facility or Activity Permit Form 1, (DEP Form 62-620.910(1)) 2. FDEP Wastewater Facility or Activity Permit Form 2A (DEP Form 62-620.910(2))

Task 4 - Preparation of FDEP Required Backup Documentation MBV Engineering, Inc. will provide to FDEP and IRCU the following backup documents, maps, and diagrams that are necessary to obtain the facility's required operating permit.

1. Process Flow Diagram 2. Site Plan 3. Location and Vicinity Maps 4. Facilities Description

Task 5 - Preparation of FDEP Required Capacity Analysis Report MBV Engineering, Inc. will prepare a Capacity Analysis Report in accordance with Rule 17-600.405, F.A.C. This report will document the permitted plant capacity, along with our analysis and evaluation of the Indian River County, South County WWTF flows and current plant capacity.

Task 6 - Preparation of FDEP Required Operation and Maintenance Performance Report MBV Engineering, Inc will prepare an Operation, Maintenance and Performance Report, in accordance with Rule 17-600.735, F.A.C. This report will document the capability of the Indian

176

Mr. Erik Olson March 14, 2011 Page 3 Proposal: 11-184

River County, South County wastewater treatment, reuse, and disposal facilities to function as intended during the period for which the permit is requested.

SCHEDULE MBV Engineering, Inc will prepare the permit renewal application in a timely manner. The renewal application for the Indian River County, South County WWTF and all supporting documentations specified above will be submitted to FDEP and IRCU on or before January 15, 2012.

FEES MBV Engineering, Inc will provide these services for a lump sum fee as follows:

Task No. Task Task Fee Task I Site Inspection $2,250 Task2 Tabulation of Plant Operating Data $2,500 Task3 Preparation and Submittal ofFDEP Permit Renewal Application $2,500 Task4 Preparation ofFDEP Required Backup Documentation $4,500 Task5 Preparation of Capacity Analysis Report .. $5,500 Task6 Preparation of Operation, Maintenance, and Performance Report $3,500

Total Lump Sum Fee= $20,750

This fee schedule assumes the subject plant is not under enforcement action, has no outstanding violations and is operating with no deficiencies. Should involvement with enforcement action or violation be required and/or should responses to FDEP be required to address plant deficiencies resulting from the pennit submittal, our services will be available on an hourly basis.

ADDITIONAL SERVICES The follovJing services are not included in the Scope 0f Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following:

• Additional site visits that are not described in the Scope of Services • Attendance at meetings that are not described in the Scope of Services • Reponses to agency requests for additional information beyond what is listed herein • Research ofFDEP/client files to obtain information necessary for permitting • Preparation of updated Effluent Disposal and Reclaimed Water Use Protocol (if requested by

FDEP) • Preparation of updated Reuse Feasibility Study (if requested by FDEP)

177

. 11111111111

II. Mr. Erik Olson March 14, 2011 Page4 Proposal: 11-184

• Preparation of updated Operation & Maintenance Manual (ifrequested by FDEP)

REQUIRED INFORMATION TO BE PROVIDED BY OWNER: The Owner shall provide the following information related to the Indian River County, South County, Wastewater Treatment Facility, FDEP Permit Renewal:

• Access to the facility for site inspection(s) • Last 4 years ofDMRs • Current operating permit • Residuals Dewatering Permit • Current Reclaimed Water or Effluent Analysis Report • Current Effluent Disposal and Reclaimed Water Use Protocol • Current Reuse Feasibility Study • RPZ certification(s) • Flow meter calibration report(s) o Violations/ Inspections from FDEP • List of Modifications to WWTF since the last permit renewal (2006) • Agreements with Individual Users of Reclaimed Water • Current Reclaimed Water or Effluent Analysis Report • Operation Manager's name & certification number • Chief Plant Operator's name & certification number • Sample Testing Laboratory - Name, Address & Certification Number • Year facility was placed into service • Name and title of person signing applications for renewal • Residual Hauler Agreement - Facility information: name, address, phone, ID number, and

treatment process • Provide existing facility volumes (i.e. aeration basins, chlorine contact chamber, etc.) either

from design plans or recent permit renewal plans.

REQUESTED INFORMATION TO BE PROVIDED BY OWNER (if available): The Consultant requests that Owner provide the following information, if available, in an effort to expedite the preparation and submittal of the permit renewal application:

• Copy of the current permit's Operation & Maintenance Report • Copy of the current permit's Capacity Analysis Report • Copy of the Facility's current Operation and Maintenance Manual • Facility Process Flow Diagram

178

-1 IL Mr. Erik Olson March 14, 2011 Page 5 Proposal: 11-184

• Current Service Area Map • Copy of Design Plans

Invoices for our services will be billed upon submittal of the FDEP Permit Renewal Application, with payment due upon your receipt of the invoice. A service charge of 1-½ % per month will be billed for late payments.

We are available to begin work described herein upon our receipt of your written acceptance of this proposal/contract. This proposal is valid if accepted within ninety (90) days from the date of this proposal/ contract.

Should you require further information or clarification, please contact our office.

Sincerely,

MBrn_IN_C_. __ _ Aaron Bowles, P.E., Vice President AJB/jeh

Witness

Accepted this __________ day of __________ 20 .

Signature Witness

179

TO:

DATE:

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

June 30, 2011

SUBJECT: Independence Day

FROM: Commissioner Bob SoLari

July 5, 2011 ITEM 14.A J_

The Chairman of the BCC proudly initiates a celebration of the meaning of Independence Day.

. ~~

180