TUESDAY, JANUARY 10, 2012 - Indian River County

COUNTY COMMISSIONERS

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

COMMISSION AGENDA

TUESDAY, JANUARY 10, 2012- 9:00A.M.

County Commission Chamber Indian River County Administration Complex

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

www .ircgov .com

Gary C. Wheeler, Chairman Peter D. O'Bryan, Vice Chairman Wesley S. Davis

District 3 District 4 District 1 District 2 District 5

Joseph A. Baird, County Administrator Alan S. Polackwich, Sr., County Attorney

Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher Bob Solari

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

2. INVOCATION Jeff Smith, Deputy Clerk of Circuit Court

3. PLEDGE OF ALLEGIANCE Joseph A. Baird, County Administrator

4. ADDITIONS/DELETIONS TO THE AGENDA I EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A.

B.

Presentation of Proclamation Indian River County Celebrating Children's Week

Presentation of Proclamation of Appreciation to Bernie & Marge Grall

PAGE

1

2

January 10, 2012 Page I of 7

5. PROCLAMATIONS and PRESENTATIONS PAGE

C. Presentation of Proclamation Honoring Darlene Silverstein on Her

. -~~_t}!~~~n! X~?!!! _t~~- R~<:>J?~_I:tY. :!~P_l'!~-s~~, ~- Qffi~_t?-<:>K ~~~}ll!!-_ ~y_e~ -~o~_tx-------------------- _3-.

D. Presentation by Stephanie Austin, Coalition for Health Against Smart Meters

6. APPROVAL OF MINUTES

A. Minutes of Regular Meeting of October 18, 2011

B. Minutes of Regular Meeting ofNovember 1, 2011

C. Minutes of Regular Meeting of November 8, 2011

D. Minutes of Regular Meeting of November 15,2011

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

A. Resignation of the Medical Doctor Appointee to the Environmental Control Hearing Board

__ (rn_t?rn~!~~~-sla!~-~pe_~"'!llc~~-r:~?1_2_Q_l!) _________________________________________________________ ~---~--

8. CONSENT AGENDA

A. Approval of Warrants and Wires- December 9, 2011 to December 15,2011 __ (rn_~rn~~~~-~-sl~!~s!Pe_<:e!llc~~-r:_l?1_?_Q1_!) ________________________________________________________ ~:!_3 __

B. Approval of Warrants and Wires - December 16, 2011 to December 28, 2011

__ (!llc~rn~r~d-~_sl~!~s!Pe_c"'!llc~e_r:~?1_?_QJ_1) ______________________________________________________ !~:?_~--

c. Blanket Authorization for Commissioners to Travel Out of County __ (rn_~~~~~d-~_sl~!~~-Q~.<:"'rn_be_r:_~Q1_?_Q_l!) _________________________________________________________ 2_3 __

D. Applications for Board of County Commissioner Appointee to the Beach and Shore Preservation Advisory Committee

__ (rn_e~~~d-~_sla!~-~}~u-~y-~,-~Q_1?) __________________________________________________________ 2~:?5! __

E. Resolution Cancelling Taxes on Property Donated for Conservation __ (rn_ern~~~~-~-sl~!e_d_Qe_<:"'!llc~~-r:~?1_?_Q_11) ______________________________________________________ 3_0:~_8 __

January 10, 2012 Page 2 of 7

8. CONSENT AGENDA

F. Resolution Cancelling Taxes on Conservation Property Purchased with Grant Funds

PAGE

__ {~-~~~~~~-~-~~!~~-12~-~~~~~-~~?)_2_01_!) ______________________________________________________ ~~~~-? __

G. Purchase of Comer Clip Right-of-Way at 17'h Street and A-1-A __ {~-~~~~~~_l!~-~~!~-~}~~-~y_}_,~0_!2) ___________________________________________________________ ~-~~?-~--

H. Approval of the Community Emergency Response Team Federally-Funded Sub grant Agreement # 12-CI -24-10-40-01-XXX and Expenditures

__ {~-~~~~~!!~~-~a!~~p~_~e~~~-~~?1_?_Q_l_!) ____________________________________________________ ?_7_-l_O~--

I. Miscellaneous Budget Amendment 004 __ {~-~~~~~~-~-~~!~-~-~~~-~-~·--~9_!?) ________________________________________________________ !_1_9~_1 _ _1_8 __

J. Acceptance of 2011 A ward Letter for State Homeland Security Grant Program

__ {~-~~~~~!!~-~-~~!~~-12~-~~~~~-~~9)_?_0_11) ___________________________________________________ !_1?~_1-~_4 __

K. Approval of Resolution Adopting the 2012 Indian River County Comprehensive Emergency Management Plan

__ {~-~~~r~~~-~~!~~-~~u-~y_}_,_~9_!?) ________________________________________________________ 1~?~_13_8 __

L. Approval of Final Payment to Hydromentia, Inc. for Work Order No. 3 __ {~-~~~~~d-~-~~!~~-12e~~~-~~-~_l-~1_201_1) ___________________________________________________ 1~?~-!~_l __

M. RFP 2012016- IRC Jail Fire Alarm Replacement- Contract Award __ {~-~~~ra!!~~-~a!~-~_12~-~e~~~-~~?1_?_0_1_!) __________________________________________________ l~U~-~--

N. Declare Excess Equipment Surplus for Sale or Disposal __ {~-~~~r~!!d_l!~-~~!~-~}~~-~-~·--~9_!?2 _______________________________________________________ !~?~_1_?_4 __

0. Vero Beach Sports Village Quadrangle Softball Fields, Work Order No. I to Design/Build Part I Agreement, Part 2 Agreement and Amendment No. 1 to Agreement, RFP No. 2011035- IRC Project No. 1105

__ {1lle1ll~r~d~c!ate~pe_ce~be_r391_?_Q1_1) _________________________________________________ ~_!~5~_1_9_5 __

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

A. Deryl Loar, Indian River Countv Sheriff Optional One Cent Sales Tax Fund

__ {1ll_~1ll~r~~-~-~a!e~p~~~~~~-~_l-~1_?_0_1_!) ___________________________________________________ 1~~~~9_? __

January 10,2012 Page 3 of 7

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

None

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

1. Lawrence A. Barkett and Tenants of Commercial Plaza at 21'' Court SW and Oslo Road Regarding Repair of Culvert at 21'' Court SW and Oslo Road

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearings for January 17, 2012: Indian River County's Request for Special Exception Use Approval to Construct a Wireless Communications Tower at 7235 4th Street

PAGE

210-212

__ (!ll_elll<Jr~d_l!lll_~~!t'!~Pt'!.C.~Ill-~1'!! __ 1_?,_?_0_1!) _____________________________________________ ~~-~--Quasi-Judicial

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

None

C. General Services

1. Approval of Bid Award for IRC Bid# 2012015 Contract Services for Beach Parks Maintenance

. _(!llelll()r~d_l!lll_ ~att')~}~l!_ary_ ~'- ~0_11 )_ _______________________________________ 2_1~.-~?_3 _.

D. Human Resources

None

January 10,2012 Page4 of 7


E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

1. Vero Beach Sports Village Soccer Field Cost Estimate Increase

PAGE

__ (~.e~~~~~~-~at~~}~~y_:I:,_~0-~?)_ ____________________________________________ ?~~~~~-0 __

H. Recreation

None

I. Public Works

None

J. Utilities Services

1. Work Order No. I - Professional Services to Kimley-Hom & Associates, Inc. for Membrane Replacement for North RO Skids #I and #2 and Product Water Quality Evaluation at North and South RO Water Treatment Plant

. _(~!':l_l!.~r~d~_ ~-~!e~_J:)ec_~~-~~!- ~9,_ ?.Q ~_!) ________________________________________ ?3_1 ~~~-~ _

2. Consideration of Consultant Contract for Utilities Department Community Development Block Grant Neighborhood Revitalization Administrative Services for Sanitary Sewer and Drainage Improvements in the West Wabasso Community

__ (~-~~~r~~~-~a!~~_I)e_c:~~-~~-r _ _l_6,_?_9~_!) ________________________________________ ??_?~~5-~--

13. COUNTY ATTORNEY MATTERS

A. Initial Consideration of Proposed Fund 10 1 Refund Ordinance __ (~_~I_!!.~~~Il~~-~~!~_d_J~~-~-:1:._~9-~?) _______________________________________________________ 2~2~~5-~--

B. Initial Consideration of Proposed Six Year Impact Fee Refund Ordinance __ (~_~l_l!.~~~d~-~~t~~}~~-~Y_:I:,_~9-~?)_ ______________________________________________________ ?5_9~_??_5 __

January I 0, 2012 Page 5 of 7

14. COMMISSIONERS ITEMS PAGE

A. Commissioner Gan: C, Wheeler, Chairman

None

B. Commissioner Peter D. O'Bn:an, Vice Chairman

None

c. Commissioner Wesley S. Davis

None

D. Commissioner Joseuh E. Flescher

None

E. Commissioner Bob Solari

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disuosal District

1. Approval of Minutes Meeting of November I, 2011

2. Approval of Minutes Meeting of November 15,2011

3. Work Order No. 2 Geosyntec to Utilize Kessler Consulting for Technical Assistance with Recyclables Processing Procurement

.. (~~~Sl~~~~-~~t~!I.~~~~~~~.r.~~!.?.QJ.!) ........................................ 2~?~-~7-~--

4. Final Pay for Amendment I to Work Order No. 13, to Camp, Dresser & McKee Inc. for Indian River County Annual Permit

--~~-~p_t_i!li_l~~-~~-~~-~!t{)~!Jcg_fSJ~-~Q!Q_~~-?.QJ_! _________________________________ ?n~~s-~--

C. Environmental Control Board

None

16. ADJOURNMENT

January 10, 2012 Page 6 of 7

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.

January lO, 2012

Commission Meeting may be broadcast live by Comcast Cable Channel27 Rebroadcasts continuously with the following proposed schedule:

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

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

Page 7 of 7

5A

PROCLAMATION Indian River County Celebrating Children's Week

WHEREAS, the 17th Annual Children's Week celebrating Parents and Children will take place in Tallahassee from January 29, 2012 to February 3, 2012, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City; and

WHEREAS, the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward; and

WHEREAS, in celebration of Children's Week, hundreds of local municipalities will be hosting public events and activities for parents and children in their community.

NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that January 29th through February 3'd, 2012 be recognized and hereby declared as "Children's Week" in Indian River County.

Adopted this lOth day of January, 2012

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

~~c'-~ ~

C. eeler, Charrm ... an_ . . D /'~a, ~~ .l-XO~

Pe~e . O'Bryan, Vice Ch. a an /. __.---

'?:/£~. ·;;:rc;.:---Wesley S. Davis /

SB

PROCLAMATION In Appreciation to Bernie & Marge Grall

WHEREAS, in 1981 when Bernie and Marge Grall purchased the ten acres where they built their home and Tara Plantation, which was finished in 1989, they had a vision of providing a winter wonderland to keep the Christ in Christmas for their eight children; and

WHEREAS, for over 20 years, the Grall's have assembled 17 Christmas trees and a half-million lights which takes 500-800 hours over a three month period to complete and costs $25,000 to operate; they then open their doors and surrounding property, free of charge, to over 12,000 people every year wishing to view the wonderland; and

WHEREAS, the Grall's have decided to spend more time playing with their grandchildren and relaxing as they enter the next phase of their lives; and

NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the citizens of Indian River County express their sincere appreciation to Bernie and Marge Grall for sharing their blessings with our community for over 20 years.

Adopted this lOth day of January, 2012.


Gary C. Wheeler, Chairman

Peter D. O'Bryan, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Bob Solari

PROCLAMATION HONORING DARLENE SILVERSTEIN ON HER RETIREMENT FROM THE ··~~ eROE'ER.TY_APE'RAISER'S OFFICEOFINDIAN.RIVER.COUNIY- ··-· ____ .

WHEREAS, Darlene Silverstein will retire from The Property Appraiser's Office of Indian River County effective, January 15, 2012; and

WHEREAS, she has been employed with the Property Appraiser's Office of Indian River County since April 28, 1986 and has continued in the capacity of Chief Deputy until her retirement; and

WHEREAS, she has served this County and the Public with distinction and selflessness. During her years of service, she was dedicated to her work and was greatly appreciated by Property Appraiser, David C. Nolte and her co-workers alike; and

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds her efforts on behalf of the Property Appraiser's Office, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the la!\t thirtythree years; and

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

Adopted this 101h day of January, 2012

BOARD OF COUNTY COMMISSSIONER.S, INDIAN RIVER COUNTY, FLORIDA



Wesley S. Davis

Joseph E. Flescher

Bob Solari

3

To:

Date:

Subject:

From:

January 10, 2012 INFORMATIONAL ITEM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

December 28, 2011

Resignation of the Medical Doctor Appointee to the Environmental Control Hearing Board

Misty L. Pursel Commissioner Assistant, District 1

Dr. Matthew S. Zoffer has submitted his resignation as the Medical Doctor Appointee to the Environmental Control Hearing Board.

Please see the attached letter.

Attachment

/mlp

F:\BCC\Agenda ltems\2012\2012 Appointments & Resignations\ECHB ·Resignation of Dr. Zoller Medical Appointee.doc

7A

4

INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE

Indian River County Environmental Control Hearing Board Cynthia VanDeVoordeHall, Esq.

· --Riohar<I·D,Gahoy-- · ·· Dr. Richard H. Baker. Patrick Walther, P.E.

Environmental Control Office Cheryl L. Dunn, R. S. Jennifer D. Peshke, J.D., M.P.H.

Shelley Stuven Executive Director, Indian River County Medical Society PO Box 573 Vero Beach, FL 32961

To Whom It May Concern:

Indian River County Board of County Commissioners Sitting as the Environmental Control Board

Gary C. Wheeler ---Peter-8·9'8ryan · Joseph E. Flescher

Wesley S. Davis Bob Solari

The Indian River County Board of County Commissioners is seeking a member to fill the medical doctor vacancy created by the recent resignation of Dr. MatthewS. Zoffer for the Indian River County Environmental Control Hearing Board. Florida Law requires that the member be recommended by the Indian River County Medical Society. The hearing board is quasi-judicial with jurisdiction to hear cases concerning public health and the environment. In addition to being a medical doctor, the recommended doctor must be a resident of and registered to vote in Indian River County.

Indian River County Environmental Control Hearing Board meets every other month at 12:30 pm in the County Commission Chambers. Meetings are generally one and a half hours in length depending on the agenda. Below is hearing board schedule for calendar year 2012:

February 9, 2012 April 5, 20112 June 7, 2012 August 9, 2012 October 4, 2012 December 6, 2012

Thank you in advance for your interest in the Environmental Control Hearing Board, which has a twenty-seven year tradition of serving the residents of Indian River County.

Sincerely, ~

~ ~,J . -? S'. Cheryl, L. Dunn, R.S. Environmental Control Officer

cc: Joseph A. Baird, County Administrator Miranda C. Hawker, County Health Department Administrator Cynthia VanDeVoordeHall, Esq. Misty Pursel, Commissioner Assistant

1900 - 27th Street Vero Beach, FL 32960 Phone: (772) 794-7440 FAX: (772) 794-7447 5

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: December 15, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES December 9, 2011 to December 15,2011

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 December 9, 2011 to December 15, 2011.

Attachment:

DB:MS

6

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 276516 12/9/2011 BENEFITS WORKSHOP 339.90 276517 12/9/2011 JOHNKURUTZ 635.96 276518 12/14/2011 UNIVERSITY OF FLORIDA 400.00 276519 12/14/2011 CABOT LODGE 237.00 276520 12/1512011 EVERGLADES FARM EQUIPMENT CO INC 894.56 276521 12/1512011 CLEMENTS PEST CONTROL 467.00 276522 12/1512011 CONTECH CONSTRUCTION PRODUCTS INC 7,968.20 276523 12/15120 II PORT CONSOLIDATED INC 1,780.28 276524 12/15/2011 STURGIS LUMBER & PLYWOOD CO 35.00 276525 12/15/2011 DAVES COMMUNICATIONS/ELECTRONIC 24.00 276526 12/15/2011 PRAXAIR DISTRIBUTION SOUTHEAST LLC 441.91 276527 12/1512011 JORDAN MOWER INC 234.98 276528 12/1512011 COMMUNICATIONS INTERNATIONAL 41,371.54 276529 12/15/2011 SSESINCDBA 374.07 276530 12/15/2011 VERO CHEMICAL DISTRIBUTORS INC 110.00 276531 12/15/2011 COPYCO INC DBA 7.39 276532 12/15/2011 KIMLEY HORN & ASSOC INC 7,371.54 276533 12/15/2011 NORTH SOUTH SUPPLY INC 776.25 276534 12/1512011 VELDE FORD INC 409.58 276535 12/15/2011 SAFETY PRODUCTS INC 1,802.60 276536 12/15/20U DATA FLOW SYSTEMS INC 5,515.70 276537 12/15/2011 LIGHTSOURCE IMAGING SOLUTIONS LLC 279.00 276538 12/15/2011 SEWELL HARDWARE CO INC 116.55 276539 12/1512011 COLD AIR DISTRIBUTORS WAREHOUSE 72.28 276540 12/15/2011 DELTA SUPPLY CO 63.76 276541 12/15/2011 E-Z BREW COFFEE & BOTTLE WATER SVC 57.91 276542 12/15/2011 GRAINGER 73.35 276543 12/15/2011 INDIAN RIVER OXYGEN INC 2,661.00 276544 12/15/2011 GRAYBAR ELECTRIC 222.49 276545 12/15/2011 REPUBLIC SERVICES OF FL LP 450,270.59 276546 12115/2011 REPUBLIC SERVICES OF FL LP 342.77 276547 12115/2011 MCMASTER CARR SUPPLY CO 330.36 276548 1211512011 AMERICAN CONCRETE INDUSTRIES INC 1,632.00 276549 12/15/2011 VERO LAWNMOWER CENTER INC 168.99 276550 12115/2011 GENEALOGICAL PUB I CLEARFIELD CO 601.45 276551 12115/2011 F&WMEDIAINC 37.84 276552 12115/2011 THE GALE GROUP 565.39 276553 12/15/2011 DAVIDSON TITLES INC 4,823.42 276554 12115/2011 MIKES GARAGE & WRECKER SERVICE INC 50.00 276555 12115/2011 DAILY COURIER SERVICE 1,387.00 276556 12/15/2011 APPLE INDUSTRIAL SUPPLY CO 99.19 276557 12115/2011 INDIAN RIVER MEDICAL CENTER 330.60 276558 12115/2011 WILD LAND ENTERPRISES INC 178.00 276559 12/1512011 HACHCO 499.35 276560 12/15/2011 MASTELLER MOLER REED & TAYLOR INC 4,996.10 276561 12115/2011 SMITH BROTHERS CONTRACTING EQUIP 66.03 276562 12115/2011 KSM ENGINEERING & TESTING INC 1,465.00 276563 12115/2011 RELIABLE SEPTIC AND SERVICE 45.00 276564 12/15/2011 HD SUPPLY WATERWORKS, LTD 25,481.10 276565 12115/2011 BOUND TREE MEDICAL 315.14 276566 12115/2011 PETES CONCRETE 750.00 276567 12115/2011 EGPINC 143.86 276568 12115/2011 VERO INDUSTRIAL SUPPLY INC 360.83 276569 12115/2011 ACE PLUMBING INC 220.00 276570 12/15/2011 PROFORMA IMAGING 142.73 276571 12115/2011 SPORTSMANS SPECIALTY GROUP ll8.25 276572 12/15/2011 AMERICAN RESIDENTIAL SERVICES LLC 1,964.67 276573 12/1512011 EXPRESS REEL GRINDING INC 2,500.00

7

CHECKNBR CKDATE VENDOR AMOUNT 276574 12/15/2011 ABCO GARAGE DOOR CO INC 103.50 276575 12/15/2011 BILL BRYANT & ASSOCIATES INC 214,380.27 276576 12/15/2011 ALLIED UNIVERSAL CORP 10,613.09 276577 12/15/2011 R & G SOD FARMS 120.00 276578 12/15/2011 GENERAL PART INC 814.82 276579 12/15/2011 GOODYEAR AUTO SERVICE CENTER 132.00 276580 12/15/2011 BAKER & TAYLOR INC 887.98 276581 12/15/2011 GROVE WELDERS INC 8.00 276582 12/15/2011 MIDWEST TAPE LLC 590.26 276583 12115/2011 ARAMARK UNIFORM SERVICES 1,356.97 276584 12/15/2011 LOWES CO INC 3,313.42 276585 12115/2011 ODYSSEY MANUFACTURING CO 3,060.14 276586 12/15/2011 PAKMAIL 57.18 276587 12115/2011 SOUTHERN COMPUTER WAREHOUSE 699.21 276588 12/15/2011 HARRINGTON INDUSTRIAL PLASTICS LLC 263.80 276589 12115/2011 PALM TRUCK CENTERS INC 583.97 276590 12/15/2011 DEERE & COMPANY 487.42 276591 12115/2011 RELIABLE POLY JOHN 88.04 276592 12115/2011 MTS SOFTWARE SOLUTIONS 470.00 276593 12/15/2011 HBELINC 3,371.00 276594 12/15/2011 PALM BEACH REPORTING SERVICE INC 863.50 276595 12/15/2011 PING INC 50.05 276596 U/15/2011 CLERK OF CIRCUIT COURT 4,418.95 276597 12/15/2011 CLERK OF CIRCUIT COURT 745,170.00 276598 12/15/2011 INDIAN RIVER COUNTY 5,838.00 276599 12115/2011 CITY OF VERO BEACH 33,576.07 276600 12/15/2011 B/C B/S HEALTH INS-TRUST PAYROLL 90,697.50 276601 12/15/2011 APPLE MACHINE & SUPPLY CO 652.89 276602 12/15/2011 LSQ FUNDING GROUP L C 3,875.06 276603 12115/2011 INDIAN RIVER ALL FAB INC I, 166.12 276604 12115/2011 COMMERCIAL ENERGY SPECIALISTS 783.42 276605 12115/2011 AT&T 3,967.19 276606 12115/2011 AT&T 573.53 276607 12/15/2011 AT&T 159.00 276608 12115/2011 AT&T 116.89 276609 12/15/2011 AM ENGINEERING 3,132.50 276610 12/15/2011 FERGUSON ENTERPRISES INC 8,982.89 276611 12115/2011 INDIAN RIVER COUNTY SHERIFF 3,487.50 276612 12115/2011 INDIAN RIVER COUNTY SHERIFF 24,549.70 276613 12115/2011 FLORIDA EAST COAST RAILWAY LLC 1,096.25 276614 12115/2011 B/C B/S OF FL ADM FEE 36,897.44 276615 12/15/2011 I R C HEALTH INSURANCE- TRUST 392,166.28 276616 12/15/2011 JANITORIAL DEPOT OF AMERICA INC 435.03 276617 12/15/2011 HENRY FISCHER & SONS INC 8,150.00 276618 12/15/2011 HUMANE SOCIETY 32,700.00 276619 12/15/2011 GEM-DANDY, INC 456.43 276620 12/15/2011 INDIAN RIVER COUNTY UTILITIES 71.89 276621 I2/I5/20II INDIAN RIVER COUNTY UTILITIES 2,556.89 276622 12115/2011 INDIAN RIVER COUNTY UTILITIES 431.31 276623 12/15/201 I TOTAL TRUCK PARTS INC 3,922.09 276624 12/15/2011 ACUSHNET COMPANY 45.66 276625 12/15/2011 AQUAGENIX 75.00 276626 12/15/2011 OFFICE DEPOT BSD CUSTOMER SVC 2,757.23 276627 12/15/201 I IRC CHAMBER OF COMMERCE 29,707.20 276628 12115/2011 FEDERAL EXPRESS 7.74 276629 12/15/2011 FEDERAL EXPRESS 27.56 276630 12115/2011 FEDERAL EXPRESS 36.45 276631 12115/2011 DUNKELBERGER ENGINEERING & TESTING 140.00 276632 12115/2011 COMO OIL COMPANY OF FLORIDA 1,371.00 276633 12115/2011 MANPOWER 461.70

2 8

CHECKNBR CKDATE VENDOR AMOUNT 276634 12/15/2011 DON LAWLESS 60.00 276635 12/15/2011 MILNER DOCUMENT PRODUCTS rNC 160.00 276636 12/15/2011 CITY OF SEBASTIAN 17,021.75 276637 12/15/2011 PERKrNS rNDIAN RIVER PHARMACY 64.44 276638 12115/2011 PRIDE ENTERPRISES 170.15 276639 12/15/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 166.32 276640 12/15/2011 SCRIPPS TREASURE COAST PUBLISHrNG LLC 4,334.40 276641 12/15/2011 SIEMENS INNDUSTRY INC 782.18 276642 12/15/2011 ATLANTIC REPORTING rNC 1,365.60 276643 12/15/2011 CORPORATION OF THE PRESIDING BISHOP 22.00 276644 12115/2011 CALLAWAY GOLF SALES COMPANY 978.62 276645 12115/2011 SUBSTANCE AWARENESS COUNCIL OF IRC INC 2,000.00 276646 1211512011 FLORIDA POWER AND LIGHT 5,104.23 276647 12/15/2011 FLORIDA POWER AND LIGHT 44,026.40 276648 12115/2011 FLORIDAPOWERAND LIGHT 19.69 276649 12/15/2011 ACUSHNET COMPANY 466.13 276650 12/15/2011 PUBLIC DEFENDER 5,910.87 276651 12/15/2011 DYNAMIC BRANDS LLC 644.25 276652 12/15/2011 KETTELA ENTERPRISES 430.00 276653 12/15/2011 TAYLOR MAD EGOLF CO rNC 178.91 276654 12115/2011 ORANGEWOOD PARK APARTMENTS 6.10 276655 12115/2011 CITY OF FELLSMERE 76.76 276656 12/1512011 CITY OF FELLSMERE 17.00 276657 12115/2011 PEACE RIVER ELECTRIC COOP INC 341.00 276658 12/15/2011 NEW HORIZONS OF THE TREASURE COAST 25,277.33 276659 12115/2011 PUBLIC RISK MANAGEMENT ASSOCIATION 385.00 276660 12115/2011 GLOBAL GOLF SALES INC 194.47 276661 12/15/2011 WASTE MANAGEMENT INC 1,947.66 276662 12/15/2011 SUNSHrNE STATE ONE CALL OF FL rNC 921.21 276663 12/15/2011 STRUNK FUNERAL HOMES 850.00 276664 12/15/20 II HOMELESS FAMILY CENTER rNC 1,087.51 276665 12/15/2011 AGENCY FOR HEALTH CARE ADMIN 153,483.60 276666 12/15/2011 FLORIDA STATE GOLF ASSOCIATION 96.00 276667 12/15/2011 RANDY OWENS 146.97 276668 12/15/2011 GERALD A YOUNG SR 90.00 276669 12115/2011 rNDIAN RIVER FARMS WATER CNTRL DIST 4,410.50 276670 12115/2011 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 276671 12115/2011 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 276672 12115/2011 WESTSIDE REPROGRAPIDCS OF VERO BEACH INC 65.52 276673 12115/2011 CHILDRENS HOME SOCIETY OF FL 1,750.00 276674 12/15/2011 BANK OF NEW YORK 435.00 276675 12/15/2011 ADVANCED XEROGRAPHICS IMAGrNG 17,479.41 276676 12/15/2011 LINDSEY MATHENY 40.00 276677 12/15/2011 C & C ELECTRIC WORKS INC 3,924.00 276678 12/15/2011 STRYKER SALES CORP l,ll9.09 276679 12/15/2011 SOUTHERN PLUMBING rNC 421.30 276680 12115/2011 THOMPSON TRACTOR 636.54 276681 12/15/2011 HOMETOWN NEWS 199.00 276682 12115/2011 SYMETRA LIFE rNSURANCE COMPANY 12,414.48 276683 12/15/2011 RECHTIEN INTERNATIONAL TRUCKS 431.38 276684 12/15/2011 RUSSELL PAYNE INC 303.24 276685 12/15/2011 HULETT ENVIRONMENTAL SERVICES 75.00 276686 12115/2011 CELICO PARTNERSHIP 1,569.39 276687 12/15/2011 CREECH ENGINEERS INC 22,ll9.75 276688 12115/2011 CINTAS CORPORATION NO 2 246.87 276689 12/15/2011 CONTROL SYSTEMS DESIGN INC 200.00 276690 12/15/2011 COMPLETE CLEANING SERVICE 1,657.50 276691 12/15/2011 RECYCLE FLORIDA TODAY INC 125.00 276692 12/15/20ll BENTLEY SYSTEMS INC 4,800.00 276693 12/15/2011 RANDOM HOUSE rNC 27.20

3 9

CHECKNBR CKDATE VENDOR AMOUNT 276694 12/15/2011 POLISH AMERICAN SOCIAL CLUB 200.00 276695 12/15/2011 BRIDGESTONE GOLF INC 1,744.39 276696 12/15/20 II SOUTHERN JANITOR SUPPLY INC 1,075.62 276697 12/15/2011 PALM BEACH COUNTY GENEALOGICAL SOCIETY INC 20.00 276698 12/15/2011 OCLC ONLINE COMPUTER LIBRARY CENTER 354.73 276699 12/15/20 II PAK MAIL CENTER 84.44 276700 12/15/2011 MBV ENGINEERING INC 2,166.50 276701 12/15/2011 MICHAEL ZITO 25.09 276702 12/15/2011 CAPITAL OFFICE PRODUCTS 313.30 276703 12/15/2011 DICKERSON FLORIDA INC 536,308.97 276704 12/15/2011 DICKERSON FLORIDA INC 422.56 276705 12/15/2011 BEACHLAND CLEANING SERVICE 970.00 276706 12/15/2011 GLOVER OIL COMPANY INC 51,622.86 276707 12/15/2011 GARY L EMBREY 120.00 276708 12/15/20 II LARRY STEPHEN FAISON 40.00 276709 12/15/2011 JOE RIVERA 40.00 276710 12/15/20 II VOYAGER FLEET SYSTEMS INC 16,846.65 2767!1 12/15/2011 MICHAEL W EIRLS 625.00 276712 12/15/2011 YELLOW BOOK USA 202.50 276713 12/15/2011 COMPUTEE INTERNET HOSTING INC 2,500.00 276714 12/15/2011 ARTISTIC FIRST FLORIST 68.90 276715 12/15/2011 ALLSTAR ICE OF CENTRAL FLORIDA INC 9,500.00 276716 12/15/2011 ASSOCIATION OF STATE FLOODPLAIN MANAGERS !10.00 276717 12/15/2011 CEMEX 867.64 276718 12/15/20 II LEONARD R COPELAND 150.00 276719 12/15/2011 KEEYETTA HUDSON 50.00 276720 12/15/2011 RODOLFO RAMIREZ 200.00 276721 12/15/2011 BENNETT AUTO SUPPLY INC 356.50 276722 12/15/2011 DENISE JOHNSON 10.15 276723 12/15/2011 FLUID CONTROL SPECIALTIES INC 1,605.00 276724 12/15/2011 TREASURE COAST FOOD BANK INC 280.72 276725 12/15/2011 AUTO PARTNERS LLC 3,879.29 276726 12/15/2011 WILLIAM B SMITH PA 4,540.00 276727 12/15/2011 FLEETBOSS G P S INC. 59.95 276728 12/15/20 II K'S COMMERCIAL CLEANING 660.00 276729 12/15/2011 L&L DISTRIBUTORS 122.88 276730 12/15/2011 DAVID L HANCOCK 601.00 276731 12/15/2011 SERVICE INSURANCE COMPANY 5,094.00 276732 12/15/2011 AD ETA YO ADELAKUN 44.23 276733 12/15/2011 EQ THE ENVIRONMENTAL QUALITY COMPANY 5,200.46 276734 12/15/2011 TRUCKMAX INC 49.39 276735 12/15/2011 TRITELINC 49.50 276736 12/15/2011 LGT ENTERPRISES LLC 6,095.00 276737 12/15/2011 JOHN OCONNOR 7.08 276738 12/15/2011 MCALHANY CONSTRUCTION CO INC 49,066.00 276739 12/15/2011 SANDY ARACENA 60.00 276740 12/15/2011 THATCHER CHEMICAL OF FLORIDA 3,865.55 276741 12/15/2011 S & S AUTO PARTS 1,186.83 276742 12/15/2011 DE LA HOZ BUILDERS INC 17,239.00 276743 12/15/2011 WATERTRONICS TECHNICAL SERVICES 689.00 276744 12/15/20 II CIVILSURV DESIGN GROUP INC 4,121.60 276745 12/15/2011 STAT MEDICAL DISPOSAL INC 220.00 276746 12/15/2011 CORPORATE CARE WORKS 1,141.80 276747 12/15/20 II WITTENBACH BUSINESS SYSTEMS INC 222.15 276748 12/15/2011 K S TRADING CORP 690.80 276749 12/15/2011 WOERNER DEVELOPMENT INC 645.50 276750 12/15/2011 MDT PERSONNEL LLC 12,456.40 276751 12/15/2011 ATLANTIC COASTAL LAND TITLE LLC 225.00 276752 12/15/2011 MIGUELRIOS 60.00 276753 12/15/20 II DANIEL SCHACHT 40.00

4 10

CHECKNBR CKDATE VENDOR AMOUNT 276754 12/15/2011 DIEGORJOS 60.00 276755 I2/I5/20II BOULEVARD TIRE CENTER 592.96 276756 12115/20 II STEVEN A ABBOND 40.00 276757 12/15/20I I MURPHY & WALKER P L 36,740.55 276758 I2/15/20 1 I JAMES SELAM 2,257.50 276759 I2/I 5/20 I I FLORIDA LIFT EXPERTS LLC 500.00 276760 12/15/2011 PROGRESSIVE ENVIRONMENTAL SERVICES INC 35,000.00 276761 12/15/20I I DELRAY MOTORS 27.49 276762 I2/I5/20 1 I JOSEPH CATALANO I20.00 276763 I2/I5/20I I PEGGY CARDELL & ASSOCIATES 640.00 276764 I2/I5/20II SAFE ELEVATOR CORPORATION I,700.00 276765 I2/I5/20II RAYMOND J DUCHEMIN 40.00 276766 I2/I5/20I I TRAFFIC CONTROL PRODUCTS OF FL INC I04.00 276767 I2/I5/20II CLAUDE METHE 665.54 276768 12/I5/20I I NATIONAL CINEMEDIA LLC 4,7IO.OO 276769 I2/I5/20I 1 AJ!lJC ASSOCOCIATES INC 8,607.00 276770 12/15/2011 LUCAS MARINE ACQUISITION CO LLC 133,121.77 276771 12115/2011 NINE PALMS LLC 300.00 276772 12/15/2011 DANIEL CORY MARTIN 30.0.00 276773 12/15/20 II UTREFUNDS 6.12 276774 12/15/2011 UTREFUNDS 27.76 276775 12/15/2011 UTREFUNDS 6.54 276776 12/15/2011 UTREFUNDS 16.69 276777 12/15/2011 UTREFUNDS 9.10 276778 12/15/2011 UTREFUNDS 31.27 276779 12/15/2011 UTREFUNDS 36.95 276780 I2/15/2011 UTREFUNDS 12.90 276781 12/15/2011 UTREFUNDS 16.97 276782 12/15/2011 UTREFUNDS 23.73 276783 12/15/2011 UTREFUNDS 19.15 276784 12/15/20II UTREFUNDS 54.26 276785 12/15/20II UTREFUNDS 2.08 276786 12/15/20II UTREFUNDS 33.45 276787 12/15/20II UTREFUNDS 38.31 276788 12/15/20II UTREFUNDS 33.16 276789 12/15/2011 UTREFUNDS 2.41 276790 12/15/201 I UTREFUNDS Il.56 27679I I2/I5/20II UTREFUNDS 20.62 276792 I2/I5/20II UTREFUNDS 28.90 276793 I2/I5/2011 UTREFUNDS 44.65 276794 12/I5/2011 UTREFUNDS 21.33 276795 12/I5/2011 UTREFUNDS I3.54 276796 12/I5/20 I I UTREFUNDS 23.90 276797 I2/I5/20I I UTREFUNDS 34.I3 276798 12/I5/20II UTREFUNDS 38.54 276799 I2/I 5/2011 UTREFUNDS I4.50 276800 12/15/2011 UTREFUNDS 11.18 276801 12115/2011 UTREFUNDS 21.61 276802 12/15/2011 UTREFUNDS 4.55 276803 12/15/2011 UTREFUNDS 38.07 276804 12/15/2011 UTREFUNDS 9.68 276805 12/15/2011 UTREFUNDS 21.39 276806 12/15/2011 UTREFUNDS 15.40 276807 12/15/2011 UTREFUNDS 26.40 276808 12/15/20II UTREFUNDS 2.15 276809 12/15/2011 UTREFUNDS 47.16 276810 12/15/20II UTREFUNDS 10.89 2768II 12/I5/20Il UTREFUNDS 19.41 276812 12/15/2011 UTREFUNDS 3.96 276813 12/15/2011 UTREFUNDS 16.39

5 1 1

CHECKNBR CKDATE VENDOR AMOUNT 276814 12/15/20II UTREFUNDS 30.59 276815 12/15/20 II UTREFUNDS 35.81 276816 12/15/20 II UTREFUNDS 34.13 276817 12/15/20II UTREFUNDS 39.45 276818 12/15/20II UTREFUNDS 21.33 276819 12/15/20II UTREFUNDS 2.06 276820 12/15/20II UTREFUNDS 28.41 276821 12/15/20II UTREFUNDS 34.45 276822 I2/15/20II UTREFUNDS 6.82 276823 12/15/20II UTREFUNDS 18.66 276824 12/15/20II UTREFUNDS 34.13 276825 12/15/201 I UTREFUNDS 39.45 276826 12/15/20II UTREFUNDS 62.86

Grand Total: 3,579,280.81

6 12

CHECKNBR 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720

Grand Total:

CKDATE 12/9/2011 12/9/2011 12/9/2011 12/9/20 II 12/9/2011 12/9/2011 12/9/2011 12/12/20 II 12/12/2011 12113/2011 12114/2011

WIRES SENT

VENDOR ICMA RETIREMENT CORPORATION ICMA RET CORP NACO/SOUTHEAST IRS-PAYROLL TAXES MILB VERO BEACH LLC FLORIDA LEAGUE OF CITIES, INC FLSDU RANGER CONSTRUCTION IND INC IRS-PAYROLL TAXES OKELLEY AND SOROHAN LLC BANK OF AMERICA

AMOUNT 13,518.15

1,885.00 21,221.76 15,327.75

1,175.00 3,487.27 9,340.67

99,866.25 380,404.16 138,527.00 26,510.23

711,263.24

13

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS


SUBJECT: APPROVAL OF WARRANTS AND WIRES December 16, 2011 to December 28, 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 December 16, 2011 to December 28, 2011.

Attachment:

DB:MS

14

CHECKS WRITIEN

CHECKNBR CKDATE VENDOR AMOUNT 276827 I2/21/2011 ILLINOIS STATE DISBURSEMENT UNIT I42.32 276828 I2/21/20II CHAPTER I3 TRUSTEE 473.78 276829 I2/2I/20II IRC FIRE FIGHTERS AS SOC 6,060.00 276830 I2/2II20II I R FEDERAL CREDIT UNION 45,932.I9 27683I I2/2I/20II COMPBENEFITS COMPANY 260.02 276832 I2/2I/20II COLONIAL LIFE & ACCIDENT INS CO I05.96 276833 I2/2I/20II UNITED WAY OF INDIAN RIVER COUNTY I,267.88 276834 I2/21/20II TEAMSTERS LOCAL UNION #769 5,459.00 276835 I2/21/20II B/C B/S OF FL ADM FEE 213.28 276836 I2121/2011 B/C B/S OF FL ADM FEE 8,531.4I 276837 I2/2I/20II I R C HEALTH INSURANCE - TRUST 2,I45.86 276838 I2/21/2011 I R C HEALTH INSURANCE- TRUST 38,648.66 276839 I2/2I/20II BLUE CROSS & BLUE SHIELD of FLORIDA I,859.80 276840 12/2112011 MISDU MICHIGAN STATE 575.86 276841 12/21/2011 BOARD OF COUNTY COMMISSIONERS 166.00 276842 I2/2112011 SYMETRA LIFE INSURANCE COMPANY 71.76 276843 12/21/20I1 SYMETRA LIFE INSURANCE COMPANY 2,878.23 276844 12/21/20I1 ADMIN FOR CHILD SUPPORT ENFORCEMENT 194.11 276845 12/21/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 196.74 276846 12/21/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 109.78 276&47 12/21/2011 STANDARD LIFE INSURANCE 588.00 276848 I2121/2011 STANDARD LIFE INSURANCE 7,779.98 276849 12/21/201I STANDARD LIFE INSURANCE OPT 9,666.21 276850 I2121/2011 CORPORATE CARE WORKS 6.60 276851 12121/2011 CORPORATE CARE WORKS 264.00 276852 12/21/2011 ROLFE&LOBELLO,P.A. 100.00 276853 12121/2011 ECMC 137.97 276854 12/21/2011 SOLOMON, GINSBERG & VIGH, P.A. 273.60 276855 12/21/2011 RALPHBURON 38.60 276856 I2/21/2011 HR DYNAMICS INC 241.43 276&57 12128/2011 EVERGLADES FARM EQUIPMENT CO INC 2,216.48 276858 12/28/2011 PORT CONSOLIDATED INC 853.53 276859 I2/28/2011 PARKS RENTAL & SALES INC 717.45 276860 I2/28/2011 STURGIS LUMBER & PLYWOOD CO 52.96 276861 12/28/2011 PRAXAIR DISTRIBUTION SOUTHEAST LLC 66.00 276862 12/28/20I1 JORDAN MOWER INC 596.09 276863 12/28/2011 COLKITT SHEET METAL & AIC INC 450.00 276864 12/28/2011 COMMUNICATIONS INTERNATIONAL I7,985.32 276865 I2/28/2011 ROBINSON EQUIPMENT COMPANY INC 897.44 276866 12/28/2011 COPYCO INC DBA 83.18 276867 12/28/2011 IKON OFFICE SOLUTIONS 234.90 276868 12/28/2011 ALARM PARTNERS 116.34 276869 I2/28/2011 HENRY SCHEIN INC 8,562.08 276870 12/28/2011 NORTH SOUTH SUPPLY INC 47.05 27687I 12/28/2011 VELDE FORD INC 678.37 276872 I2/28/2011 SAFETY PRODUCTS INC 256.53 276873 12/28/2011 STEWART MINING INDUSTRIES INC 636.55 276874 12/28/2011 DATA FLOW SYSTEMS INC 25,619.45 276875 12128/2011 LIGHTSOURCE IMAGING SOLUTIONS LLC 607.46 276876 12/28/2011 PARALEE COMPANY INC 1,200.00 276877 12/28/2011 HELENA CHEMICAL 3,670.00 276878 12/28/2011 COLD AIR DISTRIBUTORS WAREHOUSE 257.92 276879 12128/2011 DELTA SUPPLY CO 437.88 276880 12/28/2011 E-Z BREW COFFEE & BOTTLE WATER SVC 265.44 276881 I2/28/2011 KELLY TRACTOR CO 183,442.69 276882 12/28/2011 GENES AUTO GLASS INC 268.00 276883 12128/2011 SAFETY KLEEN SYSTEMS INC 190.03 276884 12/28/2011 GRAYBAR ELECTRIC 150.76

15

CHECKNBR CKDATE VENDOR AMOUNT 276885 12/28/2011 MCMASTER CARR SUPPLY CO 159.03 276886 12/28/2011 AMERICAN CONCRETE INDUSTRIES INC 2,770.00 276887 12/28/2011 DAVIDSON TITLES INC 4,977.23 276888 12/28/2011 AMERIGAS EAGLE PROPANE LP 325.29 276889 12/28/2011 AMERIGAS EAGLE PROPANE LP 4,191.25 276890 12/28/2011 APPLE INDUSTRIAL SUPPLY CO 180.37 276891 12/28/2011 HACHCO 3,825.26 276892 12/28/2011 AKZO NOBEL COATINGS INC 408.00 276893 12/28/2011 ACTION DIESEL 553.43 276894 12/28/2011 SLP INVESTMENTS INC 69.99 276895 12/28/2011 SMITH BROTHERS CONTRACTING EQUIP 447.54 276896 12/28/2011 GALLS AN ARAMARK CO 53.98 276897 12/28/2011 MEEKS PLUMBING INC 150.00 276898 12/28/2011 HD SUPPLY WATERWORKS, LTD 6,394.25 276899 12/28/2011 BOUND TREE MEDICAL 532.93 276900 12/28/2011 PETES CONCRETE 1,000.00 276901 12/28/2011 EGPINC 299.99 276902 12/28/2011 VERO INDUSTRIAL SUPPLY INC 2,187.27 276903 12/28/2011 JAMAR TECHNOLOGIES INC 360.88 276904 12/28/2011 TIRESOLES OF BROWARD INC 4,388.72 276905 12/28/2011 MORNING STAR PERSONILIZED APPAREL INC 525.00 276906 12/28/20 II CHILDCARE RESOURCES OF IRC INC 20,299.28 276907 12/28/2011 ALLIED UNIVERSAL CORP 6,820.83 276908 12/28/2011 HOMELAND IRRlGATION 104.27 276909 12/28/2011 DELL MARKETING LP 213.76 276910 12/28/2011 THE EXPEDITER 342.80 276911 12/28/2011 HILL MANUFACTURING CO INC 598.00 276912 12/28/2011 XEROX CORP SUPPLIES 181.30 276913 12/28/2011 GENERAL PART INC 2,564.56 276914 12/28/2011 GOODYEAR AUTO SERVICE CENTER 294.00 276915 12/28/2011 GROVE WELDERS INC 39.60 276916 12/28/2011 HARRIS SANITATION INC 77,033.20 276917 12/28/2011 NORTHERN SAFETY CO INC 557.68 276918 12/28/2011 RECORDED BOOKS LLC 82.20 276919 12/28/2011 ARAMARK UNIFORM SERVICES 845.90 276920 12/28/2011 LOWES CO INC 1,368.50 276921 12/28/2011 PRECISION CONTRACTING SERVICES INC 1,000.00 276922 12/28/2011 PAKMAIL 262.02 276923 12/28/2011 K & M ELECTRIC SUPPLY 405.25 276924 12/28/2011 FIRST HOSPITAL LABORATORIES INC 675.60 276925 12/28/2011 !KRUGER INC 6,799.28 276926 12/28/201! SVI SYSTEMS INC 232.00 276927 12/28/2011 DEERE & COMPANY 320.36 276928 12/28/2011 SOFTWARE HARDWARE INTEGRATION 46,129.47 276929 12/28/2011 COMMUNITY ASPHALT CORP 73,887.64 276930 12/28/2011 COMMUNITY ASPHALT CORP 1,229.84 276931 12/28/2011 HBELINC 6,488.50 276932 12/28/2011 PAUL CARONE 3,717.00 276933 12/28/2011 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 276934 12/28/2011 LINDSEY GARDENS APARTMENTS 1,099.00 276935 12/28/2011 CREATIVE CHOICE HOMES XVI LTD 1,211.00 276936 12/28/2011 PER-SE TECHNOLOGIES INC 14,155.71 276937 12/28/2011 CITY OF VERO BEACH 21.84 276938 12/28/2011 CITY OF VERO BEACH 70,096.79 276939 12/28/2011 CITY OF VERO BEACH 251.79 276940 12/28/2011 DIAL CORDY AND ASSOCIATES INC 7,602.55 276941 12/28/2011 APPLE MACHINE & SUPPLY CO 195.20 276942 12/28/2011 INDIAN RIVER ALL FAB INC 890.39 276943 12/28/2011 AT&T 22,165.38 276944 12/28/2011 AT&T 423.90

2 16

CHECKNBR CKDATE VENDOR AMOUNT 276945 I2/28/20I I AT&T 292.72 276946 I2/28/20I I AT&T 4,409.36 276947 I2/28/2011 UNITED PARCEL SERVICE INC 32.09 276948 I2/28/2011 FERGUSON ENTERPRISES INC 4,221.9I 276949 I2/28/20I I FLORIDA EAST COAST RAILWAY LLC I,946.25 276950 I2/28/2011 JANITORIAL DEPOT OF AMERICA INC 2,I79.98 27695I I2/28/20I I TREASURE COAST HOMELESS SERVICJ:lS 3,508.I8 276952 I2/28/2011 CHESTER CLEM 50.00 276953 I2/28/20I I HUMANE SOCIETY 29,I75.00 276954 I2/28/2011 SEA OAKS INVESTMENT LTD 2,903.08 276955 I2/28/20II INDIAN RIVER COUNTY UTILITIES I5,8I 1.17 276956 I2/28/20I I ROGER CLEVELAND GOLF INC 63.43 276957 I2/28/20I I TOTAL TRUCK PARTS INC 93.92 276958 I2/28/20I I ACUSHNET COMPANY 433.06 276959 I2/28/2011 INTERNATIONAL GOLF MAINTENANCE 83,088.25 276960 I2/28/20I I AQUAGENIX 297.00 27696I I2/28/2011 GEOSYNTEC CONSULTANTS INC 26,578.73 276962 I2/28/2011 OFFICE DEPOT BSD CUSTOMER SVC I,057.89 276963 I2/28/2011 WEST PUBLISHING CORPORATION 97.00 276964 I2/28/20II FEDERAL EXPRESS 25.40 276965 I2/28/20II ELIZABETH MARTIN 97.90 276966 I2/28/2011 COMO OIL COMPANY OF FLORIDA 119.54 276967 I2/28/20I I SPRINT SPECTRUM LP 200.I8 276968 I2/28/2011 SPRINT SPECTRUM LP 252.00 276969 I2/28/2011 JDM ENTERPRISES OF VERO BEACH 50.00 276970 I2/28/2011 TIMOTHY ROSE CONTRACTING INC 25,800.00 27697I I2/28/2011 CALLAWAY GOLF SALES COMPANY I41.60 276972 I2/28/2011 FLORIDA POWER AND LIGHT 31.25 276973 I2/28/20I I FLORIDA POWER AND LIGHT 96,I02.63 276974 I2/28/2011 ACUSHNET COMPANY I,841.47 276975 I2/28/20I I INDIAN RIVER COUNTY TAX COLLECTOR 53.11 276976 I2/28/20I I INDIAN RIVER COUNTY TAX COLLECTOR 65.80 276977 I2/28/2011 JAMES GRAY JR 77.88 276978 I2/28/2011 THOMAS S LOWTHER FUNERAL HOME INC 425.00 276979 I2/28/20I I TAYLOR MADEGOLF CO INC I,762.92 276980 I2/28/2011 APPLIED TECHNOLOGY & MANAGEMENT I2,273.37 27698I I2/28/20I I STATE ATTORNEY I,4I9.35 276982 I2/28/2011 HARRIS COTHERMAN,JONES 40,000.00 276983 I2/28/2011 LANGUAGE LINE SERVICES INC 351.92 276984 I2/28/2011 COMPLETE ELECTRIC INC 76.00 276985 I2/28/2011 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 20,500.00 276986 I2/28/2011 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 5,000.00 276987 I2/28/20I I HOMELESS FAMILY CENTER INC 5,838.58 276988 I2/28/2011 INTERNATIONAL MUNICIPAL LAWYERS 635.00 276989 I2/28/20I I INDIAN RIVER COUNTY HEALTHY START 3,950.22 276990 I2/28/2011 CHANNING BETE CO INC 43.90 27699I I2/28/2011 UNIVERSITY OF CENTRAL FLORIDA 35.00 276992 I2/28/20I I VENETIAN APARTMENTS OF VERO BEACH I,076.00 276993 I2/28/20I I KURT STEFFEN 45.00 276994 I2/28/2011 RANGE ROAD MINE LLC I I,748.20 276995 I2/28/20II TREASURE COAST MARINE OF VERO INC I,I87.20 276996 I2/28/2011 COIN CURRENCY & DOCUMENT SYSTEMS 309.84 276997 I2/28/20I I 3 BALL ENTERPRISES LLC I,I93.53 276998 I2/28/2011 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 65.52 276999 I2/28/20 II JOAN CALDWELL 33.38 277000 I2/28/20I I KEEP INDIAN RIVER BEAUTIFUL INC 3,642.55 27700I I2/28/2011 BLUE CROSS BLUE SHIELD I,327.30 277002 I2/28/2011 BLUE CROSS BLUE SHIELD 430.72 277003 I2/28/20I I BLUE CROSS BLUE SHIELD 74.37 277004 I2/2812011 BLUE CROSS BLUE SHIELD I30.89

3 17

CHECKNBR CKDATE VENDOR AMOUNT 277005 12/28/20 II ADVANCED XEROGRAPHICS IMAGING 2,938.56 277006 I2/28/20 II IDA MICKLE I0.50 277007 I2/2812011 INTERNATIONAL CODE COUNCIL INC 225.00 277008 I2/28/20 II DONADIO AND ASSOCIATES ARCHITECTS I3,050.00 277009 I2/28/20 II HUMAN A 5I5.IO 2770IO I2/28/2011 PINNACLE GROVE LTD 991.00 2770 II I2/28/2011 VERO CLUB PARTNERS LTD 897.00 2770I2 I2/28/20II C & C ELECTRIC WORKS INC 3,422.00 2770I3 I2/28/2011 SIMPLEXGRINNELL LP 2,997.6I 277014 I2/28/20 II DAVID SPARKS 1,059.00 2770I5 I2/28/20 II SCHOOL DISTRICT OF I R COUNTY I,266.87 277016 I2/28/2011 SHRIEVE CHEMICAL CO 4,729.34 2770I7 I2/28/2011 MIDWEST MOTOR SUPPLY CO 170.00 2770I8 I2/28/2011 RECHTIEN INTERNATIONAL TRUCKS 53.44 2770I9 I2/28/2011 CONSOLIDATED RESOURCE RECOVERY INC 65,035.80 277020 12/28/2011 THE PALMS AT VERO BEACH 590.00 27702I I2/28/20 II PUKKA INC 684.00 277022 I2/28/2011 RUSSELL PAYNE INC 306.39 277023 I2/28/2011 HULETT ENVIRONMENTAL SERVICES 258.00 277024 I2/28/2011 JOHN COLONTRELLE 572.00 277025 12/28/2011 ARTHUR PRUETT 370.00 277026 12/28/20 II VANWALINC 836.00 277027 I2/28/2011 FLORIDA RURAL LEGAL SERVICES INC 1,995.64 277028 I2/28/2011 COASTAL TECHNOLOGY CORPORATION 71,527.09 277029 I2/28/2011 SOUTHERN JANITOR SUPPLY INC 1,639.98 277030 I2/28/2011 JOHNS EASTERN COMPANY INC 7,904.87 277031 12/28/20!1 BLAISDELL, FRANK & LYNN 1,761.00 277032 12/28/20 II UNITED FOR FAMILIES 1,086.67 277033 I2/28/20!1 KAREN WELLENS 45.76 277034 12/28/20 II CAPITAL OFFICE PRODUCTS 582.16 277035 12/28/2011 MCMAHON ASSOCIATES INC 1,290.68 277036 I2/28/2011 DICKERSON FLORIDA INC 426.04 277037 I2/28/2011 PELICAN ISLE 437.00 277038 I2/28/2011 BEACHLAND CLEANING SERVICE 324.00 277039 I2128/2011 GLOVER OIL COMPANY INC 76,695.28 277040 12/28/20II ACCUITY 2,322.00 277041 12/28/20II C W NIELSEN MFG CORP 28.80 277042 I2/28/2011 MET PRO CORP ENVIRONMENTAL AIR SOLUTIONS 5,806.00 277043 12/28/20!1 FAWNAMAVIS 83.40 277044 I2/28/20II JOHN FBAER 34,042.00 277045 I2/28/20ll OCE' NORTH AMERICA INC 736.05 277046 I2/28/20!1 HFB OF FLORIDA LLC 452.00 277047 I2/28/20 II METRO FIRE PROTECTION SERVICES INC 539.00 277048 12/28/20 II CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 87.00 277049 I2/28/20 II D&S ENTERPRISES OF VERO BCH LLC 25.I2 277050 I2/28/20 II MICHAEL W EIRLS 625.00 277051 I2/28/20 I I PETER OBRYAN 80.49 277052 I2/28/20 II MID FLORIDA PORTABLE TOILETS, LLC 21.36 277053 I2/28/2011 JAN MASON 725.00 277054 I2/28/20 11 MOSLEY & SON CONSTRUCTION, INC. 9,051.14 277055 I2/28/201I ANDY SOBCZAK 75.3I 277056 I2/28/20 II SCNS INC 112.80 277057 I2/28/20II EARRING POINT PROPERTIES 214.00 277058 12/28/2011 MUNICIPAL WATER WORKS INC 468.00 277059 I2/28/20 11 SPINNAKER VERO INC 85.00 277060 I2/28/20II ADAM PREUSS APPRAISAL SERVICES INC 200.00 27706I 12/28/2011 AWM CONSTRUCTION INC 36,252.00 277062 12/28/2011 CALLAWAY & PRICE INC 675.00 277063 I2/28/20 II MARTHA CLEARY 600.00 277064 I2/28/2011 ELIZABETH GARONE IO.OO

4 18

CHECKNBR CKDATE VENDOR AMOUNT 277065 12/28/2011 INDIAN RIVER RDA LP 491.00 277066 12128/2011 GARY MONROE 500.00 277067 12/28/2011 CEMEX 205.18 277068 12/28/2011 DEL-TUFO, AMBER & ALBERT 187.23 277069 12/28/2011 JOYCE & WILLIS LITTLES 9.59 277070 12/28/2011 STEVEN F BERNYK 1,539.00 277071 12/28/2011 BENNETT AUTO SUPPLY INC 312.93 277072 12/2812011 VIRGINIA PINES 1,330.00 277073 12/28/2011 FLUID CONTROL SPECIALTIES INC 4,107.53 277074 12/28/2011 TRADEWINDS POWER CORP 941.15 277075 12/28/2011 TREASURE COAST FOOD BANK INC 82.98 277076 12128/2011 AUTO PARTNERS LLC 173.29 277077 12128/2011 L&L DISTRIBUTORS 211.70 277078 12/28/2011 PAULA WHIDDON 556.00 277079 12/2812011 NICOLACE MARKETING INC 845.00 277080 12/28/2011 COURTYARD VILLAS OF VERO LLC 347.00 277081 12/28/2011 TRITELINC 49.50 277082 12/28/2011 FLORIDA HANDLING SYSTEMS INC 700.00 277083 12128/2011 GATOR INVESTMENTS 830.00 277084 12/28/2011 HMA-SOLANTIC JOINT VENTURE LLC 40.00 277085 12/28/2011 LAWNWOOD MEDICAL CENTER INC 1,324.52 277086 12/28/2011 MICHAEL 0 LEARY 428.00 277087 12/28/2011 HELPING ANIMALS LIVE-OVERCOME 19.00 277088 12/28/2011 INDIAN RIVER SURVEY INC 8,495.14 277089 12/2812011 NATIONAL DIAMOND CORP 6,092.96 277090 12/28/2011 BRENNTAG MID-SOUTH INC 6,754.38 277091 12/28/2011 S & S AUTO PARTS 763.96 277092 12/28/2011 DAVID WALSH & ASSOC 575.00 277093 12128/2011 BRADLEY WAGNER 1,500.00 277094 12/28/2011 EAST COAST ANIMAL MEDICAL CENTER 70.50 277095 12/28/2011 HYDRA SERVICE INC 1,619.00 277096 12/28/2011 JAMES W DAVIS 343.00 277097 12/28/2011 CAL INVESTMENTS OF VERO BEACH LLP 706.00 277098 12/28/2011 ACTS RETIREMENT-LIFE COMMUNITIES INC 75,227.64 277099 12/28/2011 BUSH ROSS 2,166.52 277100 12/28/2011 MDT PERSONNEL LLC 7,607.60 277101 12128/2011 PEP FINANCIAL LLC 499.00 277102 12/28/2011 RADWELL INTERNATIONAL INC 2,218.26 277103 12/28/2011 NITA EZELL 434.00 277104 12/28/2011 JUNIOR LEAGUE OF INDIAN RIVER INC 1,420.00 277105 12/28/2011 WILLIAM J STANGANELLI 307.00 277106 12/28/2011 HOLMES REALTY VENTURES 495.00 277107 12/28/2011 COLLEGE PARK APARTMENTS 566.00 277108 12/28/2011 THERESA HALE 496.00 277109 12128/2011 ROCCO LOGIOVINO 474.00 277110 12/28/2011 DEBBIE DILL 653.00 277111 12/28/2011 HORIZON DISTRIBUTORS INC 478.05 277112 12/28/2011 HORIZON DISTRIBUTORS INC 227.70 277113 12/28/2011 THOM & SUSAN MITCHELL 81.32 277114 12128/2011 SSI LUBRICANTS LLC 3,040.94 277115 12/28/2011 FLORIDA COAST EQUIPMENT INC 71.09 277116 12/28/2011 FLORIDA COAST EQUIPMENT INC 144.93 277117 12/28/2011 LIVE OAKS VILLAS 502.00 277118 1212812011 PALM REALTY 746.00 277119 12/28/2011 AG SCAPE SERVICES INC 13,527.47 277120 12/28/2011 JEAN ELOIZIN 625.00 277121 12128/2011 MISS INC OF THE TREASUE COAST 1,358.00 277122 12/2812011 SOUTHERN ASSOCIATES LLC 620.00 277123 12/28/2011 GARDNER B!ST WIENER ET AL 2,767.50 277124 12/28/2011 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33

5 19

CHECKNBR CKDATE VENDOR AMOUNT 277I25 12/28/2011 AHS HOLDINGS GROUP LLC 775.00 277I26 I2/28/2011 TEE IT UP ENTERPRISE LLC 353.00 277I27 I2/28/20I I EDWIN BROWN 300.00 277I28 12/28/20I I COUNTY OF VOLUSIA HVC PROGRAM 45.78 277129 I2/28/20I I COUNTY OF VOLUSIA HVC PROGRAM 662.00 277I30 12/28/20I I RAYMOND BURROWS 50.00 27713 I 12/28/20II 3 PHASES RENEWABLES 133.00 277132 12/28/20I I VEDA CREAMER 20.00 277I33 12/28/2011 SAMUEL LEDGER 200.00 277134 12/28/20I I STEPHEN NAGY 91.33 277135 I2/28/2011 RUTH MENDEZ 94.00 277I36 I2/28/20I I ELISE MAHOVLICH I,111.94 277I37 I2/28/20II RON SAMPLE I07.00 277I38 I2/28/2011 MARIA PEARL 251.96 277139 I2/28/20I 1 JOEL SALZARULO I43.2I 277I40 I2/28/20I I UTREFUNDS 73.58 277I4I I2/28/20I I UTREFUNDS 78.64 277I42 12/28/20II UTREFUNDS 34.I8 277I43 I2/28/2011 UTREFUNDS 62.86 277I44 12/28/2011 UTREFUNDS 228.I 7 277I45 I2/28/2011 UTREFUNDS 67.09 277I46 I2/28/20I I UTREFUNDS 26.87 277I47 I2/28/20I I UTREFUNDS 27.I3 277I48 I2/28/2011 UTREFUNDS 52.84 277I49 I2/28/20I I UTREFUNDS I,I50.3I 277I50 I2/28/20I I UTREFUNDS 73.58 277I5I I2/28/20II UTREFUNDS 26.33 277I52 I2/28/20II UTREFUNDS I2.04 277I53 I2/28/20II UTREFUNDS 57.49 277154 12/28/20II UTREFUNDS 21.26 277I55 I2/28/20II UTREFUNDS 1.67 277I56 I2/28/20I I UTREFUNDS 71.76 277I57 12/28/20I I UTREFUNDS I37.61 277I58 12/28/20I I UTREFUNDS 9.89 277159 I2/28/201 I UTREFUNDS I6.59 277I60 12/28/20I I UTREFUNDS I2.34 277I6I I2/28/201 I UTREFUNDS 47.I6 277I62 12/28/20I I UTREFUNDS I9.I5 277I63 12/28/20I I UTREFUNDS I4.76 277164 12/28/20I I UTREFUNDS I3.68 277I65 12/28/20I I UTREFUNDS 73.58 277I66 12/28/201 I UTREFUNDS I8.90 277167 I2/28/20I I UTREFUNDS I7.55 277I68 12/28/20I I UTREFUNDS 9.82 277169 12/28/2011 UTREFUNDS 36.44 277I70 12/28/201 I UTREFUNDS 39.50 277I7I 12/28/20I I UTREFUNDS 2.42 277I72 I2/28/201 I UTREFUNDS ll5.70 277173 12/28/20I I UTREFUNDS I8.34 277I74 I2/28/20I I UTREFUNDS 36.44 277175 I2/28/20I I UTREFUNDS 23.8I 277176 I2/28/20I I UTREFUNDS 13.2I 277177 12/28/2011 UTREFUNDS 69.84 277178 12/28/2011 UTREFUNDS 43.58 277179 12/28/2011 UTREFUNDS 18.34 277180 12/28/2011 UTREFUNDS 47.16 277181 12/28/2011 UTREFUNDS 47.16 277182 12/28/2011 UTREFUNDS 73.58 277183 12/28/2011 UTREFUNDS 23.01 277184 12/28/2011 UTREFUNDS 36.44

6 20

CHECKNBR CKDATE VENDOR AMOUNT 277185 12/28/2011 UTREFUNDS 48.20 277186 12/28/2011 UTREFUNDS 10.00 277187 12/28/2011 UTREFUNDS 57.49 277188 12/28/2011 UTREFUNDS 16.75 277189 12/28/2011 UTREFUNDS 31.08 277190 12/28/20 II UTREFUNDS 38.16 277191 12/28/20 II UTREFUNDS 69.34 277192 12/28/2011 UTREFUNDS 18.27 277193 12/28/2011 UTREFUNDS 61.88

Grand Total: 1,733,583.60

7 21

CHECKNBR 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736

Grand Total:

CKDATE 12/20/2011 12/20/2011 12/21/2011 12/21/2011 12/22/2011 12/22/20 II 12/22/20 II 12/22/20 II 12/22/2011 12/22/20 II 12/27/2011 12/27120 II 12/27/2011 12/27/2011 12/27/2011 12/28/2011

WIRES SENT

VENDOR SCHOOL DISTRICT OF I R COUNTY SENIOR RESOURCE ASSOCIATION BENEFITS WORKSHOP BENEFITS WORKSHOP ICMA RETIREMENT CORPORATION ICMA RET CORP NACO/SOUTHEAST FLORIDA LEAGUE OF CITIES, INC FLSDU BARRY G SEGAL PA IRS-PAYROLL TAXES IRS-PAYROLL TAXES BEACHLAND CLEANING SERVICE CITY OF FELLSMERE CITY OF SEBASTIAN RANGER CONSTRUCTION IND INC

AMOUNT 35,120.00 58,714.00 2,779.99

11,415.45 13,131.23

1,615.00 21,042.87

3,487.25 9,830.84

20,000.00 15.38

336,197.03 45,404.53 10,241.42

123,247.57 168,292.50 860,535.06

22

To:

Date:

Subject:

From:

CONSENT AGENDA JANUARY 10,2012



Members of the Board of County. Commissioners

December 30, 2011

Blanket Authorization for Commissioners to Travel Out of County

Darcy Vasilas, Commissioner Assistant- District 3

Description of Condition

It is a requirement by the County auditor to include the date the Board approved out of county travel on the travel advance and voucher forms when submitting reimbursement from the Board of County Commissioners for travel.

Presently all Commissioners sit on committees where out of county travel is required for assigned committee meetings (i.e. Treasure Coast Regional Planning Council meets in Stuart once a month). In addition to committee assignments, there are occasions when it is necessary for Board members to travel to Tallahassee to meet with State Representatives, Senators, DEP, Department of Transportation, etc. regarding various county projects, grants, and proposed legislation. For the purpose of complying with the auditor's requirement of having an approval date on the travel voucher and advance forms, approval is requested to use today's meeting date when submitting reimbursement requests for the Board members out of county assigned committee meetings and Tallahassee travel.

Recommendation

Approval be granted for Board members to travel out of county for all current and any future assigned committee meetings, including travel to Tallahassee, Florida.

23

Z'l) January 10, 2012

CONSENT



TO: Members of the Board of County Commissioners

DATE: January 3, 2012

SUBJECT: Applications for Board of County Commissioner Appointee to the Beach and Shore Preservation Advisory Committee

FROM: Terri Collins-lister Commissioner Assistant, District 4

Notice of a vacancy for Board of County Commissioner Appointee to the Beach and Shore Preservation Committee was made on December 6, 2011.

Attached is a current list of committee applications and resumes received to date with applicants listed.

I would appreciate the Board's review and possible nomination of the one of the following applicants to fill the vacant Board of County Commissioner Appointee position:

Attachment(s):

Christian Hendricks David Washington

Christian Hendricks' Application and Resume David Washington's Application and Resume

24

Indian River County Application For Committee Appointment

IZ.. I l I Zt? I I . . . Date:

Name:

Address: l7m /;;#AI?rs,l

State I fL- I Zip/Postal Code: I 3J... '1& 3

Home Phone: I 722.. .:2-) f/ 1;>7(3

Business Phone: L-------------------~

Cell Phone:

E-mail:

How long have you been a resident of Indian River County? 11 $;1.. I Are you ¥ull time or part time resident? (select one)

(j)"Full-Time

0 Part-time

Please Jist current employer or business. If retired, please Jist any business experience that may be r bl t th •tte appuca e o ecomm1 e.

f:/, !ld,/,_jJ v-&l¥1 II ~

Please list any licenses you presently hold:

~ 25

Please list any organization of which you are currently a member:

.11._ U. ~..J E./-, (!. ~

Please list any other committees or boards you currently sit on:

I~ D

Select the committee you would like to serve on. If you are interested in more than one, please number your choices in order of preference.

Preference Rating

0 ~/ D D D D D D D D D D D D D D D

Affordable Housing Advisory Committee

Agriculture Advisory Committee

Beach and Shore Preservation Advisory Committee

Board of Zoning .and Adjustment

Children's Services Advisory Committee

Code Enforcement Board

Community Development Block Grant

Citizen Advisory Task Force

Construction Boards of Adjustment and Appeals

Economic Development Council

Enterprise Zone Development Agency

Environmental Control Hearing Board

Indian River County Extension Advisory Council

Metropolitan Planning Organization Citizens Advisory Committee

Planning and Zoning Commission

Tourist Development Council

Treasure Coast Regional Planning Council

Comprehensive Economic Development Strategy

D D D D D D D D D D D D D D D D D D

Please return the completed application, along with a current resume, to the Board of County Commission Office, 1801 27th Street, Vero Beach, FL 32960, or by fax at 772-770-5334.

3

Attachment to Christian Hendricks's Application for Committee Appointment

Employment: Item A

I am a retired federal auditor from the Office of the Inspector General House of Representatives who was the Deputy Inspector General. I have also had senior executive positions in the Office of the Inspector General Department of Defense and the Treasury Department. I have expertise in financial auditing, contracting, budgeting, contract and project management, and construction.

I have worked with and audited the Corps of Engineers, Dept. of Interior, FEMA as well as state and local governments and I am very familiar with their rules and regulations.

Currently, I work part time with my wife as a realtor for Treasure Coast Sotheby's International Realty In Vero Beach.

Licenses: Item B

Currently hold a real estate license. Hold an inactive CPA license.

Organizations: Item C

Hibiscus Children's Center Indian River Federal Credit Union USAA and AARP

Committees and Boards: Item D

I worked with the Beach and Shore Preservation and Advisory Committee as a volunteer and helped them develop a lessons learned report to help manage future sand replenishment projects.

I am on the Governing Board of the Hibiscus Children's center and its Indian River Foundation Board.

I am on the board of the Indian River Federal Credit Union, Marbrisa HOA and the Indian River Shores Zoning Board.

y 27

Indian River Coun~y Application For Committee Appointment

RECEIVED

IAI" 0 ~ '!!!'? v ,'I l1 '-.1..-lt..

Date: !Jan 2, 2012 BOARD OF COUNTY

~-=============~---_:_ _______ ~COMMISSION Name: Joavid Washington

Address: 15507 43rd Court

State !FLORIDA ~~====~------~

Zip/Postal Code: J32967

.-----=:======~ Home Phone: IL-(7_72_>_56_2_-5_77_2 _________ __,

Business Phone:JL-(7_72_l_7o_s_-1_260 _________ __,

Cell Phone: LJC5_6_1l_2_s3_-6_s_69 _________ __j

E-mail: [email protected]

How long have you been a resident of Indian River County? EJ Are you a full time or part time resident? (select one)

(!)Full-Time

0 Part-time

Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Comcast Cable

Please list any licenses you presently hold:

Florida Real Estate

Florida Insurance

28

Objective

Experience

Licenses Held

Education

David Washington 5507 43"' Cout1, Vero Beach, FL 32967

Phone ( 561) 283-6869 [email protected]

To obtain a Committee Appointment with Indian River County.

9/2008- Present Comcast Cable Vero Beach, FL Account Executive/Product Sales Specialist

• Establish contact and create relationships with approximately 600 MDU properties.

• Manage accounts and Digital Deployments to communities.

• Presentations and Training on products and services.

• Review of Agreements, Manage Collections, Control at risk properties.

7/2008- Present Pastor

True Heart Compassion Minist.-ies

• Started new ministry.

• Led Sunday services and Wednesday Bible Study.

• Organizing Transition to Outreach Ministry.

Vem Beach, FL

2/2008- 8/08 Capital Insurance Agency/AIG Winter Park, FL Group Benefits Insurance Agent

• Presenting and Selling Group Life, Annuities, Supplements and AFLAC.

• Obtained Series 6 License

3/2006-11/2007 J.C. Mondavi Financial Set'Vices, Inc. West Palm Beach, FL Insurance Agent/ Mortgage Broket·

• Selling Mortgage Term, Final Expense, Medicare Supplements, Life Insurance.

8/2004 - 3/2006 Bank United Dekay Beach, FL Wltolesale Account Executive

• MBA Diamond Award of Excellence Winner 2005

• Ranked # 2 Rep in the Branch & #6 Rep in Florida.

• Manage territory of 43 accounts. Training Brokers, Relationship Building.

• Presentations to Brokers. Early Payoff Collections ofYSP.

3/2003- 8/2004 Indy Mac Bank Norcmss, GA Wholesale Account Executive

• Rookie of the year 2003, #3 Rep. in production in Florida

• Sell new programs and products to brokers. Penetrate accounts for more business.

• Prospect new accounts, training and presentations, scenarios and prequalitications.

10/2001-3/2003 Greenpoint Mortgage Deerfield Beach, FL Wholesale Acoount Executive

• Manage territory of 65 Accounts. Scenarios, Prequalitications, Credit analysis.

• Ranked #2 rep. In Branch & #5 rep. In Florida.

• Presentations to brokers, Internet training, new account set-up.

• Florida Life & Health Insurance, Florida Real Estate

August 1990 University ofBridgeport Bridgeport, CT

• Bachelor of Science- Computer Information Systems

29

Office of CONSENT: 1110/12

INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., Connty Attorney Willirun K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO:

FROM:

DATE:

The Board of County Commissioners 11 ~

William K. DeBraal- [)eputy County Attorney~ December 27, 2011 ,

SUBJECT: Resolution Cancelling Taxes on Property Donated for Conservation

' Per Board direction on December 20;2011, a Resolution has been prepared for the purpose of cancelling any delinquellt or' current taxes which may exist on property donated to the County by Rosemary V. Johnson, Tamara K. Boetch, Amy J. Higgins, and Marnie K. Elmore, the heirs of the Cecil M. Johnson Trust under agreement dated August 31, 2001. The property will be part of the Cypress Bend Community Preserve, and is fully described in that Quit-Claim recorded in Book 2544, Pages 359-363, Public Records of Indian River County, Florida.

FUNDING:

There is no cost associated with this item.

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send (1) a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled; and (2) a copy to Fixed Assets, the Budget Office, and the County Attorney's Office.

lnhm Attachment: Resolution

tnii.\Jm A\v-cr Ca. Ac~roved Dal<~

Admin. t11Q /,('") ia cc: Carole Jean Jordan- Tax Collector David Nolte - Property Appraiser ,

Legal ~ { ~t. ~·It Bud g-el ( '\ ,. l..'i 1/

foep\. -; J Risk Mgr. - -

~ APPROVEDFOR-- I I ():-(,W" ---_1 · sz;g:E~GE~., - C NTY A TORNEY J 30

grantors:

purpose: location:

Rosemary V. Johnson, Tamara K. Boetch, Amy J. Higgins, Marnie K. Elmore, the heirs of the Cecil M. Johnson Trust under agreement dated August 31, 2001 conservation 31-38-14-00000-3000-00002.1

RESOLUTION NO. 2012-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES.

WHEREAS, section 196.28, Florida Statutes, allows the Board of

County Commissioners of each County to cancel and discharge any and all liens

for taxes, delinquent or current, held or owned by the county or the state, upon

lands heretofore or hereafter conveyed to or acquired by any agency,

governmental subdivision, or municipality of the state, or the United States, for

road purposes, defense purposes, recreation, reforestation, or other public use;

and

WHEREAS, such cancellation must be by resolution of the Board of

County Commissioners, duly adopted and entered upon its minutes properly

describing such lands and setting forth the public use to which the same are or

will be devoted; and

WHEREAS, upon receipt of a certified copy of such resolution, proper

officials of the county and of the state are authorized, empowered, and directed

1 31


to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of section 196.28, F.S.;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

1. Any and all liens for taxes delinquent or current against the following

described lands, which were donated for conservation from Rosemary V.

Johnson, Tamara K. Boetch, Amy J. Higgins, and Mamie K. Elmore, the heirs of

the Cecil M. Johnson Trust under agreement dated August 31, 2001, are hereby

cancelled pursuant to the authority of section 196.28, F.S.

See attached Quit-Claim Deed recorded in Book 2544, Pages 359-363, Public Records of Indian River County, Florida.

2. The Clerk to the Board of County Commissioners is hereby

directed to send a certified copy of this resolution to the Tax Collector and the

Property Appraiser with a copy to each of Fixed Assets, Budget, and the County

Attorney's Office.

The resolution was moved for adoption by Commissioner ___ _

and the motion was seconded by Commissioner _____ , and, upon

being put to a vote, the vote was as follows:

2 32




Wesley S. Davis

Joseph E. Flescher

Bob Solari

The Chairman thereupon declared the resolution duly passed and ·

adopted this __ day of January, 2012.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By~--~~~--~~---------Gary C. Wheeler, Chairman

ATTEST: Jeffrey K. Barton, Clerk

By: ____ --=---=---=--:------Deputy Clerk

ax Certificates Outstanding· -- .L. Yes No

Current Prorated Tax Received and "" Deposited With Tax Collector $ U

3

APPROVED AS TO FORM AND ~ALSUFFICIENCY:

BY M{.-4AMK. EBRML DEPUTY COUNTY ATIOI\NoY

33

2182611 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2544 PG: 359, 12/27/2011 08:43AM DOC STAMPS D $0.70

This document was prepared by and should be returned to:

Indian River County Attorney's Office 1801 ~7th street Vero Beach, FL 32960 (772) 226-1425

QUIT-CLAIM DEED

5 -l'k THIS QUIT-CLAIM DEED, executed this day of

Duc:rn.IHr 2011, by Rosemary V. Johnson, Tamara K. Boetch, Amy J. Higgins, Marnie K. Elmore, the heirs of the CECil,. M. JOHNSON TRUST

· under agreement dated August31, 2001, Grantors, whose mailing address is .3:l'f/, llrwk~ 8/vd •. lc.ll ... ha.ssu.. FL. .3~311 · , to BOARD OF OUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Grantee, whose mailing address is 1 !301 zylh Street, Vera Beach, Florida 32960.

WITNESSETH:

That Grantors, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quit-claim unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantors have in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to-wit:

Any and all lands lying within Section 14, Township 31 South, Range 39 East, lying in Indian River County, Florida being now owned by the Cecil M. Johnson Trust and described in Official Record Book 1501, Page 477 of the Public Records of Indian River County, Florida. See attached depiction.

IN WITNESS WHEREOF, Grantors have signed and sealed these presents the day and year first above written. ·

!

l l l

l4

..

BK: 2544 PG: 360

Signed in the presence of:

·-~ sign: / printe~me:;MiM sign: J)~ printed name: ;;./}(;«.sEt

-..J

Signed in the presence of:

sign:4sk . printed name: .12<!3~ t/fs .~

sign: .§~'f.~ printed nam ~~orrj.::;

~igned in ~~es~e of:

Slgn:-.--~,._---":7.-----.=-;--printed name: Sh'Ycl El~~MY<

~~T~~ed~ift~~~ STATE OF FLORIDA COUNTY OF -=L~e~c:...n:.._ __ _

• ~fl._ K BoidJ./v Tamara K. Boetch

~I&~ Marnie K. Elmore

5 ·~ The foregoing instrument was acknowledged before me this

day of December . 2011, by Rosemary v .. Johnson who is c¢rsonally known to :Jjjj'or Who has produced ---------as identification.

BONNIEP. BEVIS Coiiolisoiu1 # EE 145913 Elqlhs December 3, 2015 EialdlllliNTI'IIS'~~.800-315-70G

NOTARY PUBLIC

2

BK: 2544 PG: 361

STATE OF FLORIDA COUNTY OF _Lc.:..:..eo:...;n_;_ ___ _

r-11.. The foregoing instrument was acknowledged before me this :1 . da of .1>uemloer , 2011, by Tamara K. Boetch who is erson<jl y known to m r who has produced ·

as 1 en JJcatJon.

BONNIE P. BEVIS ~IJEE 145913

December3, 2015 _,,.,,.. __ STATE OF FLORIDA COUNTYOF-=~~eo~n~------

G) BONNIE P. BEVIS ComrtUslon # EE 145913 tJip1re8 December 3, 2015 IOIIdldl!ftTror,..,..l))38$.70t~

NOTARY PUBLIC

sign~n.·~~ printed nam\:: ;;a.:;;;;s Commission No.: EIZ l'i5'fl$ Commission Expiration: 1Zf~

NOTARY PUBLIC

sign~~fki printed name;;&;;;~= Commission No.:.e:&N~'f/~ Commission ExpiratiOO: ,.,,j.,/5

3 i l

36

BK: 2544 PG: 362

A\a.I-W~PSTATE OF FLORIDA COUNTY OF Tv.sc. ... \oo.so-

ATTEST:

NOTARY PUBLIC

sign: .\\~~ printed n~: &o.y Qs..,...\~ Commission No.:,_.,--=,.-,--Commission Expiration:":ru.lt :IS 1 o:~ol:z..

ACCEPTANCE:


BCC approved: Dacalllbar :lO :lOll I

4

BK: 2544 PG: 363

38

Office of CONSENT: 1/10/12

INDIAN RIVER COUNTY. ATTORNEY

Alan S. J?olackwich, Sr., County Attorney William K. DeBraal, Deputy County Attomey Brooke W. Odom, .Assistant Connty Attorney

MEMORANDUM

TO: The Board of County Commissioners

FROM: William K. DeBraal - Deputy County Attorney

DATE: December 28,2011

SUBJECT: Resolution Cancelling Taxes on Conservation Property Purchased with Grant Funds

On December 1, 2011, the County purchased from Pressley Ranch, Inc., with North American Wetlands Conservation Act (NAWCA) grant funds, 350 acres of pristine forested cypress and hardwood wetlands fronting Blue Cypress Lake, with the majority of the property bordering either Blue Cypress Lake or SJRWMD ownership associated with the Upper St. Johns River Basin. The primary purpose of the acquisition is to protect the natural resources of the property in public conservation ownership, preventing potential agriculture or silviculture use (e.g., harvesting of cypress and hardwoods for timber sale) that might otherwise impact the resources.

In followup ta this purchase, a Resolution has been prepared for the purpose of cancelling certain taxes upon publicly owned lands. The property is fully described in that Warranty Deed recorded in Book 2541, Pages 215-217, Public Records of Indian River County, Florida.

FUNDING:

There is no cost associated with this item.

APPRovm FoR~ 1- 1 o -Ia B.C.G_~ETING @SE.NT AGENDA ct.~~

COUNTY ATTOR~E~ 1

39

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send (1) a certified copy of same to the Tax Collector and the Property Appraiser; and (2) a regular copy to Fixed Assets, the Budget Office, and the County Attorney's Office.

/nhm Attachments: Location Map

Resolution

cc: Carole Jean Jordan- Tax Collector David Nolte - Property Appraiser

2

40

Map 1 - . St. Johns River Headwaters Project Phase II

Grant Tract NWI

c:J Phase II Grant Tract- Pressley

Existing Conservation Lands

NWI Classification

.. PFO Palustrine Forested (345 ac)

.. St. Johns River Water Management District .. L Lacustrine (5 ac) *All acreages= approximate

o:...llllioc.s=::::i1 - Miles THE CONSERVATION FUND

America's Partner in

grantor: purpose: location:

Pressley Ranch, Inc. conservation 31-36-00-00001-0000-0001 0. 0


A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES.

WHEREAS, section 196.28, Florida Statutes, allows the Board of

County Commissioners of each County to cancel and discharge any and all liens

for taxes, delinquent or current, held or owned by the county or the state, upon

lands heretofore or hereafter conveyed to or acquired by any agency,

governmental subdivision, or municipality of the state, or the United States, for

road purposes, defense purposes, recreation, reforestation, or other public use;

and

WHEREAS, such cancellation must be by resolution of the Board of

County Commissioners, duly adopted and entered upon its minutes properly

describing such lands and setting forth the public use to which the same are or

will be devoted; and

WHEREAS, upon receipt of a certified copy of such resolution, proper

officials of the county and of the state are authorized, empowered, and directed

1 42


to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of sectiori 196.28, F .S.;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

1. Any and all liens for taxes delinquent or current against the following

described lands, which were purchased for conservation by North American

Wetlands Conservation Act (NAWCA) grant funds from Pressley Ranch, Inc., a

Florida corporation, are hereby cancelled pursuant to the authority of section

196.28, F.S.

See attached Warranty Deed recorded in Book 2541, Pages 215-217, Public Records of Indian River County, Florida.

2. The Clerk to the Board of County Commissioners is hereby

directed to send a certified copy of this resolution to the Tax Collector and the

Property Appraiser with a copy to each of Fixed Assets, Budget, and the County

Attorney's Office.

The resolution was moved for adoption by Commissioner ___ _

and the motion was seconded by Commissioner _____ , and, upon

being put to a vote, the vote was as follows:

2 43




Wesley S. Davis

Joseph E. Flescher

Bob Solari

The Chairman thereupon declared the resolution duly passed and

adopted this __ day of January, 2012.


By~~~~~~~~---------Gary C. Wheeler, Chairman

AITEST: Jeffrey K. Barton, Clerk

By: ----~D~e-p~u~~C7Ie~rn-------

ax Certificates Outstanding - Jl_ Yes No

urrent Prorated Tax Received and /h. Deposited With Tax Collector $_::!:2_"-"'-

3

APPROVED AS TO FOR~ AND LEGALSUFFICIE

44

2179724 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2541 PG: 215, 12/12/2011 10:46 AM DOC STAMPS D $7000.00

. .

THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO:

Recording: ;J l· 00 Deed Stamps: 7 OOO~oo Tota1:"1,P 'J.?.Do

CHRISTOPHER H. MARINE, ESQ. Gould Cooksey Fennell, P.A. Property Appraiser's Parcel

Identification No.: 31·36.{)0.{)000I·0000.{)001 0/0.

979 Beachland Boulevard Vero Beach, Fl32963 (772) 231-1100

WARRANTY DEED

THIS WARRANTY DEED Made the~ day of December, A.D. 2011 by PRESSLEY RANCH, INC., s Florida corporation, wbose address is Post offiCe Box 690155, Vero Beach, Florida 32969, hereinafter called the GRANTOR, to INDIAN RIVER COUNTY, a political subdivision ofthe State ofFiorida, whose address is 1801 27,. Street, Vera Beach, Florida 32960, hereinafter called the GRAN"ffiE:

(Wherever used herein the tenns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successoJS and assigns of corporations)

WITNESSETH: That the GRANTOR, for and in consideration of the sum ofTen Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby gnmts, bargains, sells, aliens, remises, releases, conveys and confums unto the GRANTEE, all that certain land situate in Indian River County, Florida, viz:

SEE SCHEDULE "A" ATTACHED HERETO.

Subject to easements, restrictions, reservations and rights- of- way, of record, if any, but this provision shall not operate to reimpose the same.

TO HAVE AND TO HOLD, the same in fee siffiple forever.

TOGETHER with all tenements, hereditaments and appurtenances thereto belonging orin anywise appertaining.

AND the GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,20 I 0.

lN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written. ·

45

BK: 2541 PG: 216

. .

CAROL K. WILCOX Printed Name:. ____ _

STATE OF FLORIDA

COUNTY OF INDIAN RJVER

I HEREBY CERTIFY that on this day, before ine, an officer duly authorized in the State and County aforesaid to take ackno.wledgments, personally appeared MICHAEL H. PRESSLEY, well known to me to be the President of PRESSLEY RANCH, INC., a Florida corporation, named as Grantor in the foregoing deed and that he severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under aubority duly vested in him by said corporation and that the seal affixed thereto is the true corporate sea] of said corporation and who did take an oath.

20ll. WITNESS my hand and official seal in the County and State last aforesaid this .Jj:!_ day of December, A.D.

y{,4..e_ <./l.uV'¢ Notary Public !7inted Name: CAROL K. WILCOX Commission No.: My Commission Expires:

(Notary Seal)

~~~·:.REALPROPERTYTAXESAPPLICABLETOTIIEABOVEREFERENCEDPARCEL FULL THROUGH THE YEAR 2011.

46

BK: 2541 PG: 217

. . SCHEDULE "A"

Legal DescriPtion

A PORTION OF TilE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 821, PAGE 1831 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

THAT PORTION OF LOTS AA, BB AND CC IN UNSURVEYED TOWNSHIP, RANGE 36 EAST, OF THE FELLSMERE FARMS COMPANY'S SUBDIVISION." BEING DESCRIBED AS FOLLOWS;

THENORTH350ACRESOFLOTAA,ACCORDINGTO"PLATOFFELLSMEREFARMCOMPANY'SJU:.. SUBDIVISION OF LOJ'S C & D; OF FELLSMERE FARMS COMPANY'S SUBDMSION OF UNSURVEYED TOWNSHIP 31 SOUTH OF RANGE 36 EAST IN ST. LUCIE COUNTY, SfATEOFFLORJDA,SAID LOTS C & D BEING SHOWN UPON THE PLAT OF SAID SUBDIVISION DATED NOV. 18,1912, AND RECORDED AMONG THE PUBLIC RECORDS OF SAID COUNTY, ON TilE 9TH DAY OF DECEMBER A.D. 1912, IN PLAT BOOK :Z, ON PAGE 9, AS RECORDED IN PLAT BOOK 2, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LOT AA ALSO BEING DEPICTED ON mE UNRECORDED PLAT "PLAT N0.5, INDIAN RIVER COUNTY, FLORIDA, TOWNSHIP 31 SOUTII. RANGE 36 EAST" AS FILED IN THE OFFJCE OF THE CLERK OF COURTS, INDIAN RIVER COUNTY, FLORIDA, ALL ABOVE DESCRIBED LAND.S NOW LYING ~N INDIAN RNER COUN:rY, FLORIDA.

47

Office of CONSENT: 1/10/12 ~

INDIAN RIVER COUNTY ATTORNEY

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

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

Al•n S. Pol"""'h, Sc., Co"nty Attom~ B William K. DeBraal, Deputy County Attorney vJ ~ January 3, 2012

Purchase of Corner Clip Right-of-Way at 1 th Street and A-1-A

Background The proposed right-of-way to be acquired is located at 1700 Highway A-1-A on the northeast corner of 1th Street and State Road A-1-A. The proposed right-of-way consists of 108 square feet, or 0.003 acres and is owned by PNC Bank

In 2002, the Indian River County Metropolitan Planning Organization (MPO) determined that the intersection of 1 th Street and State Road A-1-A needed to be widened. Since the project was within the City of Vera Beach, the City agreed to administer a contract with Kimley-Horne and Associates, Inc. to design the required capacity improvements. The design has been completed and the plans called for acquisition of two (2) small parcels needed for right-of-way for the project. On August 16, 2011, the Board approved purchase of the right-or-way owned by Northern Trust Bank on the southeast corner of the intersection. This parcel on the northeast corner of the intersection is the last parcel of right-of-way needed for the project.

PNC Bank has agreed to accept a purchase price of $2,484.00 for the 108 square feet needed, or $23.00• per square foot. There are no appraisal fees, expert witness costs or attorney's fees. The City of Vera Beach agrees that the existing sign will become a legal non-conforming sign pursuant to City code.

Funding: Funds for this expenditure are budgeted and available from Old Traffic Impact Fees, District II, ROW/1th Street and A-1-A Intersection, Account 10115241-066120-02024.

Recommendation: Staff recommends the Board of County Commissioners approved the purchase of the needed right-of-way at a price of $2,484.

in:ll'a.'l Riv-tr CCL

Admin.

Legal

Data

Budget . ( /llr- tl4ft1.-·

Risk Mgr.

AGREEMENTTOPURCHASEANDSELLREALESTATE

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 1st day of September, 2011 by and between PNC Bank, National Association, successor in interest to National City Bank ("Seller") and Indian River County, a political subdivision of the State of Florida ("County"), who agree as follows:

1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 1700 Highway AlA, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A" containing approximately (.0025 acres, more or less or 108 square feet) and all other improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be Two Thousand Four Hundred Eighty Four Dollars & 00/100 ($2,484.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

3. Title. Seller shall quit claim title to the Property to the County by quit claim deed, subject to all claims, liens, easements and encumbrances of record or known to Seller, including but not limited to the liens, easements, and encumbrances listed on Exhibit "C" if attached, property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property (collectively, the "Permitted Encumbrances").

3.2 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects which are not Permitted Encumbrances. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use connercially reasonable efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, subject to all of the Permitted Encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. ·

4.3 To the best of Seller's knowledge, there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district

49

5. Default.

5.1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement and neither the Seller nor any other person or party shall have any claim for specific performance, damages or otherwise against the County.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall · take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a quit claim deed conveying Seller's interest in the Property, subject to the Permitted Encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereo£ (c) The Seller shall deliver to the County an affidavit, in form acceptable to the County, certifYing that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

7. Pro-rations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Seller shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January I and November 1, the Seller shall, in accordance with Florida Statutes Section 196.295, pay an amount equal to the current real estate taxes and assessments, prorated to the Closing Date.

8.0 Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.

2 50

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service, as follows:

If to Seller:

If to County:

Shannaine Muse PNC Bank Realty Services 620 Liberty Avenue 19th Floor Pittsburgh, PA 15222

Indian River County 1801 27th Street, Vero Beach, FL 3 2960 Vero Beach, FL 32960 Attn: Chris Mora, Director of Public Works

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8. 7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. Countv Armroval Required: This Agreement is subject to approval by Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

8.11 Repair of Damage: County shall promptly repair any damage to the property caused by County or its agents, employees, representatives, contractors, or subcontractors during such inspection, testing, sampling and/or evaluation. To the extent allowed by law, County agrees to indemnify, defend and hold Seller, its subsidiaries, affiliates, and their respective officers, directors and employees, harmless of, and from any claim, proceeding, suit, damage, liability, loss, cost, charge or expense or any other liability of every nature, kind and description

3 51

whatsoever (including, without limitation, reasonable attorney's fees and expenses) incurred or suffered by any of the foregoing entities or persons by reason of, or resulting from or arising out of any activi1'; including, without limitation, test, inspections, studies and/or investigations performed or caused to be performed by County on the· property. This indenrnification shall survive the termination of this Agreement and the Closing.

8.12 Existing Signage: Indian River County, PNC Bank, National Association, and The City ofVero Beach as incorporated by Exhibit B(The Parties) agree that the property subject to this agreement lies within the limits and jurisdiction of the City of V ero Beach and is being purchased, by Indian River County, under the threat of eminent domain, and for the purpose of a County improvement project. The Parties further agree that the existing sign., as referenced within Exhibit B, is, as of the date of this agreement, in compliance with the front yard setback requirements of section 62.38 of the City of Vero Beach land development regulations. The parties agree that, as a result of this purchase, the existing sign will no longer meet the setback requirements of the City Code. However, pursuant to section 64.29 of the City's land development regulations, the sign will be deemed by all parties a legal non-conforming sign as to the front yard setback requirements· of said section 62.3 8 and will remain in its current location. The parties also agree that Indian River County has no jurisdiction over the purchased property and/or existing sign and as such has no legal or other right to move, remove, or alter said sign in any way, now or at any time in the future. Exhibit B is attached and incorporated by reference herein.

9.2 Except as expressly set forth in this Agreement or in the documents to be delivered at Closing, Seller hereby expressly disclaims any and all warranties express or implied, relating in any way to the property, including, without limitation, and warranty provided for under statutory or common law or the uniform commercial code, including but not limited to warranties of merchantability and fitness for a particular purpose. Both County and Seller are acting at arm's length to protect their own interests, and both County and Seller shall use their own independent business judgment concerning the sale and purchase of the property. County has completed to its satisfaction (or shall have completed by the Closing Date), all investigations, inspections and tests which County deems necessary in its sole discretion to determine, among other things: (i) the condition of the property, including but not limited to, the soil condition of the property, the existence of any enviroumental condition, and the existence of patent or latent defects in construction of any improvements on the property; (II) the condition of title to the property, including but not limited to, the status of all leases of the property; (III) the status of all building code, zoning and other applicable governmental requirements of whatever kind regarding the property or any intended use of the property, including, without limitation, the status of any permit, application, license, approval, certificate or other intangible right of whatever kind regarding the property; and (iv) the status and effect of all recorded covenants and restrictions relating to the property, it being agreed as set forth above that the Seller shall give no warranty and make no representation regarding such· matters. County acknowledges that it agrees to accept conveyance of the property at Closing in its "as-is where is" condition as of the Closing Date, solely based upon its reliance on its own investigations, inspections and judgment. The Property will be delivered at the time of delivery of the deed in the same condition as they now are, reasonable wear and tear excepted.

4 52

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

PID #33-40-05-00008~0001-00000.3

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS


Approved by BCC ---------

A TrEST Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

Approved:

PNC BANK, NATIONAL ASSOCIATION

Sharmaine Muse, Officer

(Printed name and title)

Witnessed by

(Printed name)

(Signature)

5 53

i • "

\

\ S.W. CORNER TRACT "A'"

TRACT 'A' PELICAN COVE

PB.3, PG. 75

I I

SOUlliERL y UNE I lRACT "A"

NORTHERLY RIGHT OF WAY UNE

GRAPIDC SCAIJ!:

D 15 . 3D I

!:\:~ 17th STREET I ~ m FEET )

__ ---\---_CAUSEWAY_ BLVD. {PLATI ~ = •a tt.

NOTES:

\

LEGAL DESCRIPTION N...L lHAT CERTAIN PIECE. PARCEL OR lRACT OF LAND SI1UA1E, L"ffNG AND BEING A PORllON OF TRACT "A"', PEUCAN CO~ ACCORDING TD M PLAT 11-IER~, AS RECORDED IN PLAT BOOK l, PAGE 75f OF THE PUBUC RECORDS OF INDIAN RI\IER COUNTY, FLORIDA. SAID LANDS BEING MORE PAR11CUU>.RLY DESCRIBED AS FOLLOWS, TO ~T;

BEGINNING AT 'THE SOU'tHWEST CORNER OF SAlO 1RACT "A-,

1HENCE. BEARING NDR1H 1713'52" WEST, ALONG il!E EASTERLY RIGHT OF WAY UNE or STATE ROAD A-1-A AND 1HE WESTERLY UNE or SAID "tRACT 'A", A DIS:T~ OF 15.00 FEET TO A POINT;

1HENCE, LEAVING SAID EASTERLY RIGHT OF WAY UNE AND SAID WESTERLY UNE OF TRACT "A'\ BEARING SOUltl 53"4B'.:S2"' EAST, A DISTANCE OF 24.09 FEET TO A POINT oN UiE SOUTH lJt£ OF' SAID l'RACT "A" AND 11-IE NORlHERLY RlGHT OF WAY UNE OF 171li S1REET (CAIJSEWAY. BOULEVARD):

lHENCE, BEARING SOU1H 89"35'48" WEST, ALONG SAID NDR'THERLY RIGHT OF WAY UNE AND SAID SOI.JlliERLY UliE Of" TRACT "A"', A DISTANCE OF 15.00 FEET TO 1HE POINT OF BEGINNING.

1HE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1 DB SQUARE FEET DR 0.003 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AHO RES1RICTIDNS AS CONTAINED \\ITKIN 1HE CHAIN Of 1111-E.

t •. THE SCALE OF THIS DRAWING MAY HAVE BEEN DfS'TORTC:D DURI~G REPRODUCTION PROCESSES.

>. 1HE BEARING BASE FOR 1111S SKETCii AND LEGAL OESCRIP'IlOII IS 1HE EASTERLY RIGHT or WAY UNE STA1E ROAD A-1-A. SAID UNE BEARS NDR1H 1713'52" WEST. •

3. TI·Us IS A SKETCH OF lEGAL DESCRIPTION ONLY, NOT A BOUNDAAY RE'TRACEMENT SUR-VEY.

REVISED DEDICATION PARCEL- B/2/07 - PCS

54

March 4, 2011

Ms. Sharmaine Muse, JD, MBA Contract, Easement, Bond Disposition PNC Realty Services Two PNC Plaza 620 Liberty Avenue, 19th Floor Pittsburgh, Pennsylvania 15222

EXHIBITB

Subject: 1700 A-1-A- Allowance of Compliance and Continuation of the Use of a Freestanding Sign located at the intersection of AlA and 17th Street in the City ofVero Beach and currently owned by PNC Bank, National Association.

Dear Ms. Muse:

This letter is in response to your request for written confirmation that the freestanding sign, as referenced above ("the sign"), is in compliance with the City of Vero Beach Code of Ordinances and all other applicable laws and ordinances and will remain as is following execution of the Agreement to Purchase and Sell Real Estate as between PNC Bank, National Association, successor by merger to National City Bank and Indian River County dated September 1, 2011.

History:

When the above-referenced sign was first approved Vero Beach, it met zoning regulations. Following a taking of land by Indian River County (contracted by an Agreement to Purchase and Sell Real Estate as between PNC Bank, National Association, successor by merger to National City Bank and Indian River County dated September 1, 2011, the sign will not meet setback requirements as governed by Section 62-3 8 of the Code of Ordinances which requires a 1 0' front yard setback. However, Section 64.29 -Nonconformities resulting from exercise of the power of eminent domain, provides the following:

Any lot or parcel of land, or structure or other improvement located thereon, that is made nonconforming with the land development regulations of the city, part III of this Code, on or after May I, 2009, as a result of eminent domain proceedings instituted by the city or other

· condemning authority, or through voluntary conveyance by such lot or parcel owner in lieu of formal eminent domain proceedings, shall be deemed to be coriforming for all purposes under the land development regulations of the city without the necessity for a variance, but only to the extent that such lot, parcel, structure, or other improvement was otherwise conforming to said regulations at the time of such eminent domain or voluntary conveyance and only so long as any such

55

nonconformity is not expanded, increased, or enlarged in any manner. Any structure or site improvement subject to this section may be rebuilt, relocated, reconstructed, expanded or enlarged so long as such rebuilding, relocation, reconstruction, expansion or enlargement does not further expand, increase, or enlarge the nonconformity.

CERTIFICATION:

Tills is to certify that it is the official interpretation and opinion of the undersigned official of the City ofVero Beach that the subject sign owned by PNC Bank, N.A. whlch is referenced within tills document and witilln certain attachments is currently in compliance with the front yard setback requirements of section 62.38 of the City's land development regulations, and will be deemed as conforming to the front yard setback requirements of said section 62.38, pursuant to section 64.29 of the City's land development regulations, at any such time that the portion of the owners front yard property, referenc~d in the aforementioned Agreement to Purchase and Sell Real Estate referred to in tills document, is taken by any condemning authority pursuant to eminent domain or voluntarily conveyed in lieu thereof. The undersigned official of the City of V ero Beach, Florida hereby renders the official foregoing interpretation of the land development regulations of the City pursuant to the authority vested in said official pursuant to section 65.066) of the Code of the City ofVero Beach, Florida.

Sincerely,

Timothy McGarry, AICP Director of Planning and Development

56

I

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Honorable Board of County Commissioners

THROUGH: Joseph A Baird, County 4-dministrator

THROUGH: John King, Director ~ Department ofEmerge@y ~rvices

FROM: Dale Justice, Emergency Management Coordinator ~ DATE: December 28, 2011

CONSENT

SUBJECT: Approval of the Community Emergency Response Team Federally-Funded Subgrant Agreement #12-CI-24-10-40-01-XXX and Expenditures

It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDmONS:

The Division of Emergency Management, through the executive office of the Governor, administers the Community Emergency Response Team (CERT) subgrant under the Citizens Corp "Uniting Communities - Preparing the Nation" initiative with each Florida county following authorization in Chapter 252, Florida Statutes and State Rule Chapter 9G-6, Florida Administrative Code. Funding for the CERT subgrant will be used to establish and sustain the Indian River County CERT program through Indian River County Emergency Management.

The funding provided by the CERT subgrant is used to train and equip residents of Indian River County with the knowledge, skiJls and ability to help their community and neighbors immediately after a disaster if public safety is overwhelmed and unable to respond immediately. The items listed wiJI fulfill the national initiative for community resilience and enhance the Emergency Management Division's ability to provide county residents with preparedness and disaster recovery training. The Board previously accepted the award letter for the CERT sub grant on December 6, 2011.

FUNDING:

This is a 100% federally funded subgrant expenditure request consistent with the Florida · Division of Emergency Management directives and no match is required by Indian River County. The grant performance period is October 1, 2011 through April30, 2014.

Item Amount Account Number Required Safety Equipment/CERT members $6589.00 00120825-035290-12803

57

Training I exercise for CERT members $1000.00 00120825-035290-12803 Public Outreach Education Recruitment $665.00 00120825-035290-12803 Credentialing!Background Checks $1100.00 00120825-033190-12803 Total $9,354.00

RECOMMENDATION:

Staff recommends approval ofthe Federally Funded Subgrant Agreement #12-CI-24-10-40-01-XXX and approval of the expenditures as outlined in the grant.

ATTACHMENTS:

Four (4) Original Copies of Grant County Grant Form

APPROVED FOR AGENDA

FOR: January 10, 2012

lpdlan River Co.

Admin ....... .. _ Dept.

Risk Mgr.

o.n.noSvco.

~· 7itsl!;~... w ..... l-~ -P-( ~·· r14/rL t~J ') ·' 1·"\·., ...

IJJ.. D•·PYtV

"

58

Contract Number: 12-CI-24-10-40-01-

FEDERALLY-FUNDED SUBGRANT AGREEMENT

THIS AGREEMENT is entered into by the State of Florida, Division of Emergency

Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"),

and Indian River County (hereinafter referred to as the "Recipient").

THIS AGREEMENT IS ENTERED INTO BASED. ON THE FOLLOWING

REPRESENTATIONS:

A. ·The Recipient represents that it is fully qualified and eligible to receive these grant

funds to provide the services identified herein; and

B. The Division has received these grant funds from the State of Florida, and has the

authority to subgrant these funds to the Recipient upon the terms and conditions below; and

C. The Division has statutory authority to disburse the funds under this Agreement.

THEREFORE, the Division and the Recipient agree to the following:

(1) SCOPE OF WORK.

The Recipient shall perform the work in accordance with the Budget and Scope

of Work, Attachment A of this Agreement.

(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES

The Recipient and the Division shall be governed by applicable State and

Federal laws, rules and regulations, including those identified in Attachment B.

(3) PERIOD OF AGREEMENT.

This Agreement shall begin upon execution by both parties or October 1, 2011,

whichever is later, and shall end April 30, 2014, un[ess t~rminated earlier in accordance with the

provisions of Paragraph ( 12) of this Agreement.

(4) MODIFICATION OF CONTRACT

Either party may request modification of the provisions of this Agreement.

Changes which are agreed upon shall be valid only when in writing, signed by each of the parties,

and attached to the original of this Agreement.

(5) RECORDKEEPING

(a) As applicable, Recipient's performance under this Agreement shall be

subject to the federal OMB Circular No. A-1 02, "Common Rule: Uniform Administrative

Requirements for Grants and Cooperative Agreements to State and Local Governments" (53

Federal Register 8034) or OMB Circular No. A-110, "Uniform Administrative Requirements for

Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit

Organizations," and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian

Tribal Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or

OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."

Page 1 of 50

59

(b) The Recipient shall retain sufficient records to show its compliance with the

terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds

under this Agreement, for a period of five years from the date the audit report is issued, and shall

allow the Division or its designee, the State Chief Financial Officer or the State Auditor General

access to the records upon request. The Recipient shall ensure that audit working papers are

available to them upon request for a period of five years from the date the audit report is issued,

unless extended in writing by the Division. The five year period may be extended for the following

exceptions:

1. If any litigation, claim or audit is started before the five year period

expires, and extends beyond the five year period, the records shall be retained until all litigation,

claims or audit findings involving the records have been resolved.

2. Records for the disposition of non-expendable personal property

valued at $5,000 or more at the time it is acquired shall be retained for five years after final

disposition.

3. Records relating to real property acquired shall be retained for five

years after the closing on the transfer of title.

(c) The Recipient shall maintain all records for the Recipient and for all

subcontractors or consultants to be paid from funds provided under this Agreement, including

documentation of all program costs, in a form sufficient to determine compliance with the

requirements and objectives of the Budget and Scope of Work -Attachment A- and all other

applicable laws and regulations.

(d) The Recipient, its employees or agents, including all subcontractors or

consultants to be paid from funds provided under this Agreement, shall allow access to its

records at reasonable times to the Division, its employees, and agents. "Reasonable" shall

ordinarily mean during normal business hours of 8:00a.m. to 5:00p.m., local time, on Monday

through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division.

(6) AUDIT REQUIREMENTS

(a) The Recipient agrees to maintain financial procedures and support

documents, in accordance with generally accepted accounting principles, to account for the

receipt and expenditure of funds under this Agreement.

(b) These records shall be available at reasonable times for inspection, review,

or audit by state personnel and other personnel authorized by the Division. "Reasonable" shall

ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through

Friday.

(c) The Recipient shall provide the Division with the records, reports or financial

statements upon request for the purposes of auditing and monitoring the funds awarded under

this Agreement.

(d) If the Recipient is a State or local government or a non-profit organization as

defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000

Page 2 of 50

60

or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific

audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1

to this Agreement shows the Federal resources awarded through the Division by this Agreement.

In determining the Federal awards expended in its fiscal year, the Recipient shall consider all

sources of Federal awards, including Federal resources received from the Division. The

determination of amounts of Federal

awards expended should be in accordance with the guidelines established by OMB Circular A-

133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with

the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph.

In connection with the audit requirements addressed in this Paragraph 6 (d) above, the

Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of

OMB Circular A-133, as revised.

If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit

conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required.

In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year

and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-

133, as revised, the cost of the audit must be paid from non-Federal funds.

(e) Send copies of reporting packages for audits conducted in accordance with

OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by

Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to:

The Division at the following address:

Division of Emergency Management Office of Inspector General

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at

http://harvester.census. gov/fac/collect/ddeindex. html

And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e)

and (f), OMB Circular A-133, as revised.

(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient

shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as

revised, and any management letter issued by the auditor, to the Division at the following

address:

Division of Emergency Management Office of Inspector General

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

(g) By the date due, send any reports, management letter, or other information

required to be submitted to the Division pursuant to this Agreement in accordance with OMB

Page 3 of 50

61

Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650

(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

(h) Recipients should state the date that the reporting package was delivered to

the Recipient when submitting financial reporting packages to the Division for audits done in

accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650

(nonprofit and for-profit organizations), Rules of the Auditor General,

(i) If the audit shows that all or any portion of the funds disbursed were not spent

in accordance with the conditions of this Agreement, the Recipient shall be held liable for

reimbursement to the Division of all funds not spent in accordance with these applicable

regulations and Agreement provisions within thirty days after the Division has notified the

Recipient of such non-compliance.

U) The Recipient shall have all audits completed by an independent certified

public accountant (IPA), either a certified public accountant or a public accountant licensed under

Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions

noted above. The audit must be received by the Division no later than nine months from the end

of the Recipient's fiscal year.

(7) REPORTS

(a) The Recipient shall provide the Division with quarterly reports and a close

out report. These reports shall include the current status and progress by the Recipient and all

subrecipients and subcontractors in completing the work described in the Scope of Work and the

expenditure of funds under this Agreement, in addition to any other information requested by the

Division.

(b) Quarterly reports are due to the Division no later than 30 days after the end

of each quarter of the program year and shall be sent each quarter until submission of the

administrative close-out report. The ending dates for each quarter of the program year are March

31, June 30, September 30 and December 31.

(c) The close-out report is due 60 days after termination of this Agreement or 60

days after completion of the activities contained in this Agreement, whichever first occurs.

(d) If all required reports and copies are not sent to the Division or are not

completed in a manner acceptable to the Division, the Division may withhold further payments

until they are completed or may take other action as stated in Paragraph (11) REMEDIES.

"Acceptable to the Division" means that the work product was completed in accordance with the

Budget and Scope of Work.

(e) The Recipient shall provide additional program updates or information that

may be required by the Division.

(f) The Recipient shall provide additional reports and information identified in

Attachment

Page 4 of 50

62

D.

(8) MONITORING.

The Recipient shall monitor its performance under this Agreement, as well as that of its

subcontractors and/or consultants who are paid from funds provided under this Agreement, to

ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are

being accomplished within the specified time-periods, and other performance goals are being

achieved. A review shall be done for each function or activity in Attachment A to this Agreement,

and reported in the quarterly report.

In addition to reviews of audits conducted in accordance with paragraph (6) above,

monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited

scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any

monitoring procedures/processes deemed appropriate by the Division. In the event that the

Division determines that a limited scope audit of the Recipient is appropriate, the Recipient

agrees to comply with any additional instructions provided by the Division to the Recipient

regarding such audit. The Recipient further agrees to comply and cooperate with any

inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial

Officer or Auditor General. In addition, the Division will monitor the performance and financial

management by the Recipient throughout the contract term to ensure timely completion of all

tasks.

(9) LIABILITY

(a) Unless Recipient is a State agency or subdivision, as defined in Section

768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the

terms of this Agreement, and shall hold the Division harmless against all claims of whatever

nature by third parties arising from the work performance under this Agreement. For purposes of

this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an

independent contractor.

(b) Any Recipient which is a state agency or subdivision, as defined in Section

768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions

which result in claims or suits against the Division, and agrees to be liable for any damages

proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat.

Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which

sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or

subdivision of the State of Florida to be sued by third parties in any matter arising out of any

contract.

(10) DEFAULT.

If any of the following events occur ("Events of Default"), all obligations on the

part of the Division to make further payment of funds shall, if the Division elects, terminate and

the Division has the option to exercise any of its remedies set forth in Paragraph ( 11 ). However,

Page 5 of 50

63

the Division may make payments or partial payments after any Events of Default without waiving

the right to exercise such remedies, and without becoming liable to make any further payment:

(a) If any warranty or representation made by the Recipient in this Agreement or

any previous agreement with the Division is or becomes false or misleading in any respect, or if

the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement

or any previous agreement with the Division and has not cured them in timely fashion, or is ·

unable or unwilling to meet its obligations under this Agreement;

(b) If material adverse changes occur in the financial condition of the Recipient

at any time during the term of this Agreement and the Recipient fails to cure this adverse change

within thirty days from the date written notice is sent by the Division.

(c) If any reports required by this Agreement have not been submitted to the

Division or have been submitted with incorrect, incomplete or insufficient information;

(d) If the Recipient has failed to perform and complete on time any of its

· obligations under this Agreement.

(11) REMEDIES.

If an Event of Default occurs, then the Division may, after thirty calendar days

written notice to the Recipient and upon the Recipienfs failure to cure within those thirty days,

exercise any one or more of the following remedies, either concurrently or consecutively:

. (a) Terminate this Agreement, provided that the Recipient is given at least thirty

days prior written notice of the termination. The notice shall be effective when placed in the

United States, first class mail, postage prepaid, by registered or certified mail-return receipt

requested, to the address in paragraph (13) herein;

(b) Begin an appropriate legal or equitable action to enforce performance of this

Agreement;

(c) Withhold or suspend payment of all or any part of a request for payment;

(d) Require that the Recipient refund to the Division any monies used for

ineligible purposes under the laws, rules and regulations governing the use of these funds.

(e) Exercise any corrective or remedial actions, to include but not be limited to:

1. Request additional information from the Recipient to determine the

reasons for or the extent of non-compliance or lack of performance,

2. Issue a written warning to advise that more serious measures may be

taken if the situation is not corrected,

3. Advise the Recipient to suspend, discontinue or refrain from incurring

costs for any activities in question or

4. Require the Recipient to reimburse the Division for the amount of

costs incurred for any items determined to be ineligible;

(f) Exercise any other rights or remedies which may be available under law.

(g) Pursuing any of the above remedies will not stop the Division from pursuing

any other remedies in this Agreement or provided at law or in equity. If the Division waives any

Page 6 of 50

64

right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not

affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the

same right or remedy by the Division for any other default by the Recipient.

(12) TERMINATION.

(a) The Division may terminate this Agreement for cause after thirty days written

notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws

and regulations, failure to perform on time, and refusal by the Recipient to permit public access to

any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat.,

as amended.

(b) The Division may terminate this Agreement for convenience or when it

determines, in its sole discretion, that continuing the Agreement would not produce beneficial

results in line with the further expenditure of funds, by providing the Recipient with thirty ealendar

days prior written notice.

(c) The parties may agree to terminate this Agreement for their mutual

convenience through a written amendment of this Agreement. The amendment will state the

effective date of the termination and the procedures for proper closeout of the Agreement.

(d) In the event that this Agreement is tenninated, the Recipient will not incur new

obligations for the terminated portion of the Agreement after the Recipient has received the

notification of termination. The Recipient will cancel as many outstanding obligations as possible.

Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not

be relieved of liability to the Division because of any breach of Agreement by the Recipient. The

Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose

of set-off until the exact amount of damages due the Division from the Recipient is determined.

(13) NOTICE AND CONTACT.

(a) All notices provided under or pursuant to this Agreement shall be in writing,

either by hand delivery, or first class, certified mail, return receipt requested, to the representative

named below, at the address below, and this notification attached to the original of this

Agreement.

is:

(b) The name and address of the Division contract manager for this Agreement

Nikki Hines 2555 Shumard Oak Boulevard Tallahassee; Florida 32399-2100 Telephone:850-413-9894 Email:[email protected]

(c) The name and address of the Representative of the Recipient responsible for

the administration of this Agreement is:

Page 7 of 50

65.

Vero Beach. FL 32967 · Telephone: 772-567-2154 Fax: 772-567-9323 Email: [email protected]

(d) In the event that different representatives or addresses are designated by

either party after execution of this Agreement, notice of the name, title and address of the new

representative will be provided as outlined in (13)(a) above.

(14) SUBCONTRACTS

If the Recipient subcontracts any of the work required under this Agreement, a copy of

the unsigned subcontract must be forwarded to the Division for review and approval before it is

executed by the Recipient The Recipient agrees to include in the subcontract that (i) the

subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all

applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the

Division and Recipient harmless against all claims of whatever nature arising out of the

subcontractor's performance of work under this Agreement, to the extent allowed and required by

law. The Recipient shall document in the quarterly report the subcontractor's progress in

performing its work under this Agreement

For each subcontract, the Recipient shall provide a written statement to the Division as to

whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla.

Stat

(15) TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the parties.

(16) ATTACHMENTS

(a) All attachments to this Agreement are incorporated as if set out fully.

(b) In the event of any1nconsistencies or conflict between the language of this

Agreement and the attachments, the language of the attachments. shall control, but only to the

extent of the conflict or inconsistency.

(c) This Agreement has the following attachments:

Exhibit 1 - Funding Sources

Attachment A- Budget and Scope of Work

Attachment B - Program Statutes, Regulations and Special Conditions

Attachment C - Justification of Advance Payment

Attachment D - Warranties and Representations

Attachment E - Certification Regarding Debarment

Attachment F --Statement of Assurances

Attachment G- Reimbursement Checklist

Page 8 of 50

66

(17) FUNDING/CONSIDERATION

(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed

for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed

$9,354.00, subject to the availability of funds. Attachment I specifies the required documentation

needed when submitting for cost reimbursement under this agreement.

(b) Any advance payment under this Agreement is subject to Section

216.181 (16), Fla. Stat., and is contingent upon the Recipient's acceptance of the rights of the

Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may

not exceed the expected cash needs of the Recipient within the first three (3) months of the

contract term. For a federally funded contract, any advance payment is also subject to federal

OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. All

advances are required to be held in an interest-bearing account. If an advance payment is

requested, the budget data on which the request is based and a justification statement shall be

included in this Agreement as Attachment E. Attachment E will specify the amount of advance

payment needed and provide an explanation of the necessity for and proposed use of these

funds. No advance shall be accepted for processing if a reimbursement has been paid prior to

the submittal of a request for advanced payment.

(c) After the initial advance, if any, payment shall be made on a reimbursement

basis as needed. The Recipient agrees to expend funds in accordance with the Budget and

Scope of Work, Attachment A of this Agreement.

(d) Invoices shall be submitted at least quarterly and shall include the supporting

documentation for all costs of the project or services. Invoices shall be accompanied by a

statement signed and dated by an authorized representative of the Recipient certifying that "all

disbursements made in accordance with conditions of the Division agreement and payment is

due and has not been previously requested for these amounts." The supporting documentation

must comply with the documentation requirements of applicable OMB Circular Cost Principles.

The final invoice shall be submitted within sixty (60) days after the expiration date of the

agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices

shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting

as referenced in Paragraph 7 of this Agreement.

If the necessary funds are not available to fund this Agreement as a result of action by

the United States Congress, the federal Office of Management and Budgeting, the State Chief

Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of

the Division to make any further payment of funds shall terminate, and the Recipient shall submit

its closeout report within thirty days of receiving notice from the Division.

Page 9 of 50

67

(18) REPAYMENTS

All refunds or repayments due to the Division under this Agreement are to be made

payable to the order of "Division of Emergency Management" and mailed directly to the' following

address:

Division of Emergency Management Cashier

2555 Shumard Oak Boulevard Tallahassee FL 32399-21 oo

In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the

Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face

amount of the returned check or draft, whichever is greater.

(19) MANDATED CONDITIONS

(a) The validity of this Agreement is subject to the truth and accuracy of all the

information, representations, and materials submitted or provided by the Recipient in this

Agreement, in any later submission or response to a Division request, or in any submission or

response to fulfill the requirements of this Agreement. All of said information, representations,

and materials is incorporated by reference. Additional special conditions are listed on Attachment

B. The inaccuracy of the submissions or any material changes shall, at the option of the Division

and with thirty days written notice to the Recipient, cause the termination of this Agreement and

the release of the Division from all its obligations to the Recipient.

(b) This Agreement shall be construed under the laws of the State of Florida,

and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon

County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is

unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be

severable, but shall not invalidate any other provision of this Agreement.

(c) Any power of approval or disapproval granted to the Division under the terms

of this Agreement shall survive the term of this Agreement.

(d) This Agreement may be executed in any number of counterparts, any one of

which may be taken as an original.

(e) The Recipient agrees to comply with the Americans With Disabilities Act

(Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public

and private entities on the basis of disability in employment, public accommodations,

transportation, State and local government services, and telecommunications.

(f) Those who have been placed on the convicted vendor list following a

conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a

contract to provide any goods or services to a public entity, may not submit a bid on a contract

with a public entity for the construction or repair of a public building or public work, may not

submit bids on leases of real property to a public entity, may not be awarded or perfomn work as a

contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may

Page 10 of 50

68

not transact business with any public entity in excess of $25,000.00 for a period of 36 months

from the date of being placed on the convicted vendor list or on the discriminatory vendor list.

(g) Any Recipient which is not a local government or state agency, and which

receives funds under this Agreement from the federal government, certifies, to the best of its

knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment,

·declared ineligible, or voluntarily excluded from covered transactions by a federal department or

agency;

2. Have not, within a five-year period preceding this proposal been

convicted of or had a civil judgment rendered against them for fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (federal, state or local)

transaction or contract under public transaction; violation of federal or state antitrust statutes or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,

making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by

a governmental entity (federal, state or local) with commission of any offenses enumerated in

paragraph 19(g) 2 of this certification; and

4. Have not within a five-year period preceding this Agreement had one

or more public transactions (federal, state or local) terminated for cause or default.

If the Recipient is unable to certify to any of the statements in this certification, then the

Recipient shall attach an explanation to this Agreement.

In addition, the Recipient shall send to the Division (by email or by facsimile

transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility

And Voluntary Exclusion" (Attachment G) for each intended subcontractor which

Recipient plans to fund under this Agreement. The form must be received by the Division

before the Recipient enters into a contract with any subcontractor.

(h) The State of Florida's performance and obligation to pay under this

Agreement is contingent upon an annual appropriation by the Legislature, and subject to any

modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution,

(i) All bills for fees or other compensation for services or expenses shall be

submitted in detail sufficient for a proper preaudit and postaudit thereof.

U) Any bills for travel expenses shall be submitted in accordance with Section

112.061, Fla. Stat. The provisions of any special or local law, present or future, shall prevail over

any conflicting provisions in this section, but only to the extent of the conflict.

(k) The Division reserves the right to unilaterally cancel this Agreement if the

Recipient refuses to allow public access to all documents, papers, letters or other material subject

to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this

Agreement.

Page 11 of 50

69

(I) If the Recipient is allowed to temporarily invest any advances of funds under

this Agreement, any interest income shall either be returned to the Division or be applied against

the Division's obligation to pay the contract amount.

(m) The State of Florida will not intentionally award publicly-funded contracts to

any contractor who knowingly employs unauthorized alien workers, constituting a violation of the

employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the

Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any

contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the

Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds

for unilateral cancellation of this Agreement by the Division.

(n) The Recipient is subject to Florida's Government in the Sunshine Law

(Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or

the meetings of any subcommittee making recommendations to the governing board. All of these

meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be

public records, available to the public in accordance with Chapter 119, Fla. Stat.

(o) All unmanufactured and manufactured articles, materials and supplies which

are acquired for public use under this Agreement must have been produced in the United States

as required under 41 U.S. C. 10a, unless it would not be in the public interest or unreasonable in

cost.

(20) LOBBYING PROHIBITION

(a) No funds or other resources received from the Division under this Agreement

may be used directly or indirectly to influence legislation or any other official action by the Florida

Legislature or any state agency.

(b) The Recipient certifies, by its signature to this Agreement, that to the best of

his or her knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or

on behalf of the Recipient, to any person for influencing or attempting to influence an officer or

employee of any agency, a Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with the awarding of any Federal contract, the

making of any Federal grant, the making of any Federal loan, the entering into of any cooperative

agreement, and the extension, continuation, renewal, amendment or modification of any Federal

contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or

will be paid to any person for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with this Federal contract, grant, loan or cooperative

agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying

Activities."

Page 12 of 50

70

3. The Recipient shall require that this certification be included in the

award documents for all subawards (including subcontracts, subgrants, and contracts under

grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose.

This certification is a material representation of fact upon which reliance was

placed when this transaction was made or entered into. Submission of this certification is a

prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.

Code. Any person who fails to file the required certification shall be subject to a civil penalty of

not less than $10,000 and not more than $100,000 for each such failure.

(21) COPYRIGHT, PATENT AND TRADEMARK

ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE

PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF

FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH

THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE

RECIPIENT TO THE STATE OF FLORIDA.

(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall

retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement

provides otherwise.

(b) If any discovery or invention is developed in the course of or as a result of

work or services performed under this Agreement, or in any way connected with it, the Recipient

shall refer the discovery or invention to the Division for a determination whether the State of

Florida will seek patent protection in its name. Any patent rights accruing under or in connection

with the performance of this Agreement are reserved to the State of Florida. If any books,

manuals, films, or other copyrightable material are produced, the Recipient shall notify the

Division. Any copyrights accruing under or in connection with the performance under this

Agreement are transferred by the Recipient to the State of Florida.

(c) Within thirty days of execution of this Agreement, the Recipient shall disclose

all intellectual properties relating to the performance of this Agreement which he or she knows or

should know could give rise to a patent or copyright. The Recipient shall retain all rights and

entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will

indicate that no such property exists. The Division shall then, under Paragraph (b), have the right

to all patents and copyrights which accrue during performance of the Agreement.

(22) LEGAL AUTHORIZATION.

The Recipient certifies that it has the legal authority to receive the funds under

this Agreement and that ifs governing body has authorized the execution and acceptance of this

Agreement. The Recipient also certifies that the undersigned person has the authority to legally

execute and bind Recipient to the terms of this Agreement.

(23) ASSURANCES.

The Recipient shall comply with any Statement of Assurances incorporated as

Attachment F.

Page 13 of 50

71

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

RECIPIENT:

INDIAN RIVER COUNTY

By:---------------Name and title: Gary C. Wheeler, Chairman

Date: ---------FID# 59-6000674

STATE OF FLORIDA

DIVISION OF EMERGENCY MANGEMENT

By: ________________ ~----------

Name and Title: Bryan Koon, Director

Date:---------------

Approved:

Approv.ed as to form and legj~~sufficiency:

tlitL ~ {/.~ I) By:.~,/:tjJ < Assistant County Attorney

Page 14 of 50

Attest: J.K. Barton, Clerk

By::::--,--::::--;-----Deputy Clerk

72

EXHIBIT-1

THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER

THIS AGREEMENT:

NOTE: If the resources awarded to the Recipient are from more than one Federal program,

provide the same information shown below for each Federal program and show total Federal

resources awarded.

Federal Program

Federal agency: Homeland Security

Catalog of Federal Domestic Assistance title and number: 97.067

Award amount: $ 9,354.00

THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES

AWARDED UNDER THIS AGREEMENT:

NOTE: If the resources awarded to the Recipient represent more than one Federal program, list

applicable compliance requirements for each Federal program in the same manner as shown

below.

Federal Program:

List applicable compliance requirements as follows:

1. First applicable compliance requirement (e.g., what activities/services/purposes the

federal resources must be used foi): Recipient is to use funding to perform the following eligible

activities as identified in the United States Department of Homeland Security, Federal Emergency

Management Agency, National Preparedness Directorate Fiscal Year 2011-12 State Homeland

Security Grant Program (SHSGP), consistent with the Department of Homeland Security State

Strategy.

2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of

the resources: Recipient is subject to all administrative and financial requirements as set forth in

this Agreement, or will be in violation of the terms of the Agreement.

NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida

Statutes, require that the information about Federal Programs and State Projects included in

Exhibit 1 be provided to the Recipient.

Page 15 of 50

73

Attachment A

Budget and Scope of Work

SCOPE OF WORK MUST BE APPROVED BY LEGAL PRIOR TO SENDING EACH

AGREEMENT

TO THE RECIPIENT

Proposed Program Budget

'*- Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.

4. The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of funds between Issues is strictly prohibited.

'*' At the discretion of the Recipient, funds allocated to Management and Admioistrntion costs (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be expended on Management and Administration costs.

FY 2011 ·State Homeland Security Grant Program- CER T

Indian River County Training

Exercise Issue 3_6

Equipment

Management and Administration (M&A) (the dollar amount to the right which corresponds to 3% of the total local agency allocation is not in addition to total award, but is the amount that should be deducted from total award ifM&A is used).

Page 16 of SO

$

74

Budget Detail Worksheet

The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award· amount as described in the "Proposed Program Budget".

If any changes need to be made to the "Budget Detail Worksheef', after the execution of this agreement, contact the grant manager listed in this agreement via email or letter. ·

Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives

Developing related terrorism prevention activities.

Developing and enhancing plans and protocols

Developing or conducting assessments

planning activities (not for the purpose of hi•iinonulblic safety personnel fulfilling traditional public

Conferences to facilitate planning activities

Materials required to conduct planning activities

Travel/per diem related to planning activities

costsexpenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs

Training Workshops and Conferences

Activities to achieve training inclusive of people with disabilities

Full or Part-Time Staff or Contractors/Consultants

Travel

Supplies

Tuition for higher education

Other items

50 25 1,250

I 665 665

so 18.36 918

- ~ - -~ ' ~ ~ ~

--------------- --------- --------------------------------------------------------

Page 17 of 50

75

Design, Develop, Conduct and Evaluate an Exercise

ExerCise Planning Workshop- Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The se.rvices of Contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (fAR) must be followed.

Overtime and backfill costs- Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FEM.A exercises

Implementation ofHSEEP

Activities to achieve exercises inclusive of people with disabilities

Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the .

planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal lQ.w pertaining to travel costs please refer to ht!J;r//www.ojn.usdoj.gov/FinGuide.

Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, 2 500 1,000 .

tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, 2 250 500 exercise signs, badges, etc.

AIIowable Equipment Costs The table below highlights .the allowable equip~ent categories fof_this award. A Corilprehens_iVe listing Or these·allowable.equipJnent categOries, and specific equip_~_ent eligible under each cat_egory, can be found on the web-based Authorized Equipment List at: ·Quantity Unit Cost Total Cost httn-://www.fkb.us 4.- Click on "Authorized Equipment List (AEL)

* If you wish to purchase a piece ·of equipment from any category below, then, in the space given below that category, put the "AEL item number" and "title"

Personal Protective Equipment

21GN-OO-CCEQ CERT Safety Kits 50 61.12 3,056

CBRNE Operational Search and Rescue Equipment

Page 18 of 50

76

Information Technology

04HWw02-BARC Barcode Equipment 1,965 1,965

Cyber Security Enhancement Equipment

Interoperable Communications Equipment

Medical

Power

CBRNE Logistical Support Equipment

Disability Access and Functional Needs

Other authorized equipment costs (include any construction or renovation costs in this categocy; Written approval must be provided by FEMA prior to the use of any funds for construction or renovation)

Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the

respective grant program • To assist with application requirements • To assist with compliance with reporting/data

collection requirements

Page 19 of 50

77

Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to" FEMA-ipproved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) oflocal government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government.niay not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00pm to 5:00pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.

Travel expenses .

Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.ojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the home!a.Tld security strategy. The following are allowable only within the period of performance:

• Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.

• Leasing and/or renting of space for newly hired personnel

Page 20 of 50

78

B. Scope of Work

Funding is provided to perform eligible activities as identified in the Fiscal Year 2011 Homeland Security Grant Program, consistent with the Department of Homeland Security State Strategy. The intent of this agreement is to complete the following approved projects:

J. Issues and Project Description

Issue 36- Citizen Corps and Community Emergency Response Team (CERT) Program- The Citizen Corps mission is to bring community and government .leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery.

The FY 2011 Citizen Corps Program (CCP) funds provide resources for States and local communities to: • Bririg together the appropriate leadership to form and sustain a Citizen Corps Council • Develop and implement a plan and. amend existing plans, such as emergency operations plans (EOP) to achieve and expand

citizen preparedness and participation • Conduct public education and outreach • Ensure clear, timely, and accessible alerts/warnings and emergency communications with the public • Develop training programs for· the public, including special needs populations, for both all-hazards preparedness and

volunteer responsibilities • Facilitate citizen participation in exercises • Implement volunteer programs and activities to support emergency responders • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support

Functions and Annexes • Conduct evaluatiOns of programs and activities

II. Categories and Eligible Activities

Eligible activities are outlined in the Scope of Work for each category below. FY2011 SHSGP allowable costs are divided into the following categories: planning, training, exercises, equipment, management and administration cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. Eligible activities should support the above approved projects.

A. Planning

Integrating non-governmental entities into the planning process is critical to achieve comprehensive community preparedness. To meet this important objective, HSGP funds may be used to support the following:

• Establishing and sustaining bodies to serve as Citizen Corps Counci.ls • Assuring that State and local government homeland security strategies, policies, guidance, plans, and evaluations include a

greater emphasis on government/non-governmental collaboration, citizen preparedness, and volunteer participation • Developing and implementing a community preparedness strategy for the State/local jurisdiction • Developing or reproducing accessible public education and outreach materials to: increase citizen preparedness and

knowledge of protective actions (to include the national Ready Campaign materials); promote training, exercise, and volUnteer opportunities; and inform the public about emergency plans, evacuation routes, shelter locations, and public alerts/warnings

o All public education and outreach materials must include the national or jurisdiction's Citizen Corps logo, tagline or website or the Ready logo, tagline, ·or website and comply with logo standards. For more information go to http://www.citi=encmps.gov. In addition, all public education and outreach materials should incorporate special needs considerations, to include language, content, and method of communication

o Allowable expenditures include: • Media campaigns: Public Service Announcements (PSAs), camera-ready materials, website

support, and newsletters • Outreach activities and public events: Booth displays, event backdrops or signs, displays and

demonstrations, utilizing translation services, and informational materials such as brochures/flyers

• Promotional materials: Pens/pencils, pins, patches, magnets, souvenir clothing/headwear, etc. Expenditures for promotional items must not exceed 15 percent of the total Citizen Corps Program allocation (see CCP Equipment for information on equipment caps)

• Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response.

o Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response. Citizen Corps funding may be used to establish, enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood Watch/USAonWatch, Community Emergency Response Teams

21

79

•

(CERT), Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), and Fire Corps; for the qtizen Corps Affiliate Programs and qrganizations; and for jurisdiction specific volunteer efforts.

Examples include: o Recruiting, screening, and training volunteers (e.g.-background-checks) o Retaining, recognizing, and motivating volunteers (e.g. volunteer recognition items; such as certificates or

plaques). o Purchasing, maintaining, or subscribing to a system to track volunteers (to include identification and

credentialing systems, and to track volunteer hours) and other available resources in compliance with applicable privacy laws

o Necessary non~structural accommodations to include persons with sp_ecial needs (i.e. sign language interpreters)

o Evaluating volunteers

B. Training Training funded through the CCP includes but is not limited to: all-hazards safety, such as emergency preparedness, basic first aid, life saving skills, crime prevention and terrorism awareness, school preparedness, public health issues, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles ofNMSIICS, community relations, volunteer management, serving people with disabilities, pet care preparedness, any training necessary to participate in volunteer activities, any training necessruy to fulfill surge capacity roles, or other training that promotes individual, family, or conununity safety and preparedness. ·

There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training, the CERT Train-the-Trainer, Campus CERT Train-the-Trainer; Teen CERT Train-the-Trainer, or CERT Ptogtaiil Manager coutses, or supplemental/advanced training for CERT program participants.

Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CERT members who have completed the basic training, and the CERT Train-the-Trainer training. Any CERT Basic training conducted by State or local entities must: 1) include the topics covered in the FEMA CERT Basic Training Course; 2) be instructor-led; and 3) and classroom-based, using lecture, demonstration, and hands-on practice throughout. Note that the Independent Study course, "Introduction to CERT" (IS 317) must not be substituted for classroom delivery of CERT basic training. · Supplemental training for CERT members who have completed the basic training includes modules available on the national CERT website, as well as other supplemental training that meets the following criteria:

• Relates to a reasonably foreseeable activity CERT members might be tasked to perform in support of emergency services responders; or.

• Increases competency and understanding of the emergency management context in which CERT members may be asked to operate; or

• Enhances understanding of a particular local hazard CERT members might encounter in their response activities

Any training supported with these CCP funds should be delivered with specific consideration to include all ages, ethnic and cultural groups, persons with disabilities, and access and functional needs populations at venues throughout the community, to include schools. neighborhoods, places of worship, the private sector, non-governmental organizations, and government locations. Expenditures to provide necessary non-structural accommodations for persons with disabilities and other access and functional needs is allowable (e.g., sign language interpreters). Jurisdictions are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the Internet, distance learning, or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged.

Instruction for trainers and training to support the Citizen Corps Council members in their efforts to manage and coordinate the Citizen Corps mission is also an allowable use of the FY 2011 CCP funding.

Allowable Training Costs Allowable training-related costs include, but are not limited to, the following:

o Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment.

o Overtime and_Ba~kfill costs, as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordanec with the policies of the State or unit(s) oflocal government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of

. government may not receive compensation from both their unit or agency of government AND from an award for a single

22

80

period of time (e.g., 1:00pm to 5:00pm), even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensRted are not allowed.

o Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training.

o Hiring of Full or Part-Time Staff or Contractors/Consultants to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent (15%) of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above).

o Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the NTE Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This infonnation is contained in IB 193, issued October 20, 2005. Additional infonnation can be obtained at http://www. fema.gov /good gu idance/downlad/1 0 146.

C. Exercises Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/school/business preparedness, and participating in table-top or full scale emergency responder exercises at the local, State, tribal, territorial, or national level, to include the National Level Exercises (fonnally known as Top Officials Exercise [TOPOFF]) .

. Allowable exercise:related costs include:

• Funds Used to Design, Develop, Conduct, and Evaluate an Exercise - Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Grantees are encouraged to use government fitcilities to conduct meetings and conferences whenever possible.

• Hiring of Full or Part-Time Staff or Contractors/Consultants- Full or·part-time stirffmay be hired to support exercise-related activities. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent (15%) of the total allocation. The applicant's fonnal written procurement policy or the Federal Acquisition Regulations (FAR)- whichever is more stringent- must be followed. In no case is dual compensation allowable.

• Overtime and Backfill- The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result oftime spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) qflocal government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00p.m.), even though such work may benefit both activities.

• Travel- Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise projeet(s) or HSEEP programmatic requirements as described in the HSEEP website (e.g., Improvement Plan Workshops, Training and Exercise Plan).

Supplies- Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment).

• Disability Accommodations- Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities).

• Other Items- These costs include the rental of equipment (e.g., portable toilets, tents), food, gasoline, exercise signs, badges, etc.

Unauthorized exercise-related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction

vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). • Equipment that is purchased for pennanent installation and/or use, beyond the scope of exercise conduct (e.g.,

electronic messaging signs).

23

81

Exercise Requirements

Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https:/lhseep.dhs.gov. The HSEEP Library provides sample exercise materials and templates.

All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center, http:llwwwjema.gov/emergency!nimslindex.shtm.

Where applicable, the Training and Exercise Plans should include training and exercises that support specialized programs, such as the Regional Catastrophic Preparedness Grant Program.

States are encouraged to exercise their capabilities with regard to infants and children across all aspects of response and recovery, including pediatric medical surge capabilities and integrating the accessibility and functional needs of children and adults with disabilities.

• Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the StatefUrban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size as defmed by the National Response Framework.

The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should also be based on the Multiyear Training and Exercise Plan.

• Special Event Planning. If a State or Urban Area will be hosting a special event (e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise for the purpose of the Multi-Year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi-year Training and Exercise Plan.

• Exercise Evaluation Improvement. Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at httns://hseep.dhs.gov.

• Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should he included in tlie planning, conduct, and evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmental entities, defined as the private sector and private non-profit, fitith-based, community, volunteer, and other non-governmental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) and other partner agencies. The scenarios used in HSGP-funded exercises must focus on validating existing c(!pabilities, must comply with and be large enough in scope and sixe to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities.

D. Equipment All allowable equipment costs are listed in the AEL, available at https:!lwww.rkb.us. Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out their response functions. CCP funding is intended only to be used for specific preparedness or volunteer training or by trained volunteers in carrying out their response functions. Examples of equipment used to support training and exercises for citizens include items such as bum pans or sample preparedness kits. Expenditures for kits used in volunteer response (e.g., CERT or MRC kits I backpacks) or clothing for official identification must not exceed 30 perceD.t of the total Citizen Corps Program allocation. Clothing for official identification includes those items that volunteers are required to wear when engaging in public safety activities or disaster response (e.g., t-shirts for CERT members, baseball caps for Neighborhood WatchfUSAonWatch Program foot patrol members).

E. Management and Administration- no more than 3% of each sub-recipient's total award may be expended on Management and Administration costs.

Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements

24

82

• To assist with the compliancy with reporting and data collection requirements

Development of operating plans for infonnation collection and processing necessary to respond to DHS/FEMA data calls

Costs associated with achieving emergency management that is inclusive of the access and functional needs of workers and citizens With disabilities

Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance· ofFEMA- approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA- approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FfEs) employees. These costs are allowed only to the extent the payment for such services is in accordanCe with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, 3n employee of a unit of government may not receive compensation from their unit or agencyofgovemment AND from an award for a single period of time (e.g., 1:00pm to 5:00pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance ContribUtions Act (FICA), Workers' Compensation and Unemployment Conipensation.

Tra~el expenses

Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://IMYW.ojp.usdoLgov/FinGuide).

Acquisition of authorized office equipment

The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment, such as .cell phones, faxes, etc. • Leasing and/or renting of space ~or newly hired personnel during the period of performance of the grant program

IlL Program Requirements

A. National Incident Management System (NIMS) Compliance HSPD-5, "Management of Domestic Incidents," mandated the creation ofNIMS and the National Response Plan (NRP). NIM:S provides a consistent framework- for entities at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State, local, and tribal capabilities, NllvfS includes a core set of guidelines, standards, and protocols for command and management, preparedness, resource management, communications and information management, supporting technologies, and management and maintenance ofNIMS. The NRP, using the template established by NIMS, is an alldiscipline, all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance, which are major events that ''require a coordinated and effective response by an appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities." The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations that support NIMS implementation. These activities closely parallel the implementation activities that have been required of State, territorial, tribal, and local governments since 2004 and can be found at www.fema.gov/pdf/emergency/nims/ngo fs.pdf To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities. Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS-700 NIMS: An Introduction.·ln addition, IS-800.a NRP: An Introduction, Incident Command System (ICS.-100), Incident Command System (ICS-200), Intermediate Incident Command System (G-300), and Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please refer to http://www .fema.gov/emergency/nims/nims training.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC), at http:/Jwww.fema.gov/emergency/nims/.

B. ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION COMPLIANCE GUIDELINES

The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project:

• New Construction, Installation and Renovation, including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers)

25

83

o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure

including Security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to:

0 Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors,.gates and related security enhancements

• Field hased training an-d exercises including activities that involve ground disturbance, use of explosives, toxic agents or otherwise have the potential to cause impact to the environment or historical resources. This is only a requirement if the exercise or field training is not being conducted by a certified

professional or at an existing facility with established procedures.

In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review.

EHP DETERMINATION PROCESS

I. Submit the Final Screening Memo to the SM for review prior to funds being expended.

II. The SM will review and notify the recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements.

APPROVAL PROCESS TO FEMA

I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2.

II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPO) for an EHP regulatory compliance review.

III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist

IV. Prepare maps indicating th~ location(s) of proposed project (Guidance provided)

V. Take photographs of the location(s) of proposed project (Guidance provided)

VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at [email protected].

VII. CSID will send an email confirming receipt of the project description.

VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of FEMA's final decision.

IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior lu lht: ust: of gn~nt funds for project implementation.

Ill. Reporting Requirements

I. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current.

26

84

Programmatic Renortina: Schedule

Reporting Period Report due to DEM no later than

January I through March 31 April 30

April 1 through June 30 July 31'

July 1 through September 30 October 31

October 1 through December 31 January 31

2. Programmatic Reporting-BSIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data enby is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent.

3. Reimbursement Requests: A request for reimbursement may be sent to your contmct manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the ''Detail of Claims" form. This number can be found in the "Proposed Progmm Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form.

4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the agreement is either completed or the agreement has expired.

5. Monitoring:

Florida Division of Emergency Management US Department of Homeland Security Grants Program

Grant Monitoring Process

Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal gmnt funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased.

The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.

Monitoring is accomplished utilizing various methods including desk monitoring and on-site .visits. There are two primary areas reviewed during monitoring activities- financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and progmmmatic review may be accomplished during this process.

Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment.

Freguencv of annual monitoring activity: Each year the FDEM will identify up to 50% of sub-gmntees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on-site monitoring for a five year period following closure.

Examples of areas tbat may be examined include: Management and administrative procedures Grant folder maintenance Equipment accountability and sub-hand receipt procedures Program for obsolescence s.tatus of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained

27

85

Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIM:S/ICS compliance documentation

In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a cas~by-case basis.

Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportUnity to identifY the need for technical assistance (T A) a.nd/or a site visit if the FDEM determines that a recipient is having difficulty completing their project. ·

As difficulties/deficiencies are identified, the respective region or sponsoring agency wiil be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that :irise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples ofT A include but are not limited to:

~ Equipment selection or available vendors 4. Eligibility of items or services ~ Coordination and partnership with other agencies within or outside the region or discipline

Site Visits Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreement. M?nitoring questionnaires will be provided in advance of the visit.

The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed.

All findings related to the capability review will be documented and maintained within the FDEM.

Site Visit Protocol The following outlines the monitoring protocol for the FDEM:

The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks.

Site Visit PreParation A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days befOre the planned arrival date. FDEM personnel will call within the next lO calendar days to schedule an appointment to review the grantee's program.

The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit.

The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.

Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit.

Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review.

FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted.

Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset de~al (information/serial number) placed in a prominent location on each piece of equipment as per recipient agenCy requirements.

28

86

The serial number should correspond with the appropriate·receiptto confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of$1,000. per item).

If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to accou!).t for that particular piece ofequiprilent. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the. grantee to review the findings.

Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc.

Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if appliCable.

Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee.

C. Programmatic Point of Contact

Contractual Point of Contact Programmatic Point of Conta'ct

Peggy Cadeaux Owen Roach FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9966 (850) 4!0-1599 [email protected] [email protected]

D. Contractual Responsibilities

• The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes.

29

87

Attachment B

Program Statutes, Regulations and Special Conditions

1) 53 Federal Register 8034 2) 31 u.s.c. §1352 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative

Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.

975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),

Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-l et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part

39

Special Conditions

Article I - Financial Guidelines

1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below:

A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and

Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and

Agreements with Institutions of Higher Education, Hospitals, and Other NonProfit Organizations (OMB Circular A-ll 0)

3. 44 CFR Part 10, Enviromnental Considerations 4.

30

88

B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal

Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular

A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular

A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with

Commercial Organizations

C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit

Organizations

Article II- Prohibition on Using Federal Funds

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption ofany law, regulation or policy, at any level of government, without the express prior written approval ofFEMA.

Article III - Compliance with Program Guidance

The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.

Article IV- Financial Reports (FDEM Form 1 & 2) Required Quarterly

The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days ofthe end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and fmal payment is received. Reports are due on January 31, April30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent. The Close-Out Report (FDEM Form 5) is due within sixty (60) days after the end date of the performance period.

Article V- Acceptance of Post Award Changes

In the event that FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.

31

89

Article VI - Trafficking In Persons

A. Provision applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not:

a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

b. Procure a commercial sex act during the period of time that the award is in effect; or

c. Use forced labor in the performance of the award or subawards under the award.

2. We, as the State awarding agency, may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:

a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

b. Has an employee who is deterrnilled by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

1 Associated with performance under this award; or n Imputed to you or the subrecipient using the standards and due

process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000.

B. Provisions applicable to a recipient other than a private entity. We as the Federal warding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:

1. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for

imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on

32

90

Government wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 3000.

C. Provision applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.l of this award term.

2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of

2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available

to us under this award.

3. You must include the requirements of paragraph A.l of this award term in any subaward you make to a private entity.

D. Definitions. For purposes of this award term:

1. "Employee" means either: a. An individual employed by you or a subrecipient who is engaged in the

performance of the project or program under this award; or b. Another person engaged in the performance of the project or program

under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. "Private entity" means: a. Any entity other than a State, local government, Indian Tribe, or

foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes:

i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the defrnition of Indian Tribe at 2 CFR 17 5 .25(b ).

u. A for-profit organization.

33

91

4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVP A, as amended (22U.S.C. 7102).

Article VII - Classified Security Condition

A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information.

C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed.

D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbix/grants/index.shtrn

E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions.

DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: [email protected]

Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528

34

92

Article VIII- Central Contractor Registration and Universal Identifier Requirements

A. Requirement for Central Contractor Registration (CCR)

Unless you are exempted from this requirement under 2 CPR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final· financial report required under this award or receive the fmal payment, whichever is later. This requires that applicants and recipients review and update the information at least armually after the initial registration, and more frequently if required by changes in your information or another award term.

B. Reqljirement for Data Universal Numbering System (DUNS) Numbers

If recipients are authorized to make subawards under this award, they:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.

2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.

C. Definitions

For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.gov).

2. Data Universal Numbering System {DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the internet (currently at http://fedgov.ndb.com/webform).

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CPR part 25, subpart C:

a. A Governmental organization, which is State, local government or Indian Tribe;

b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and

35

93

e. A Federal agency, but only as a sub recipient under an award or subaward to a non-Federal entity.

4. Subaward: a. This term means a legal instrument to provide support for the

performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec.----.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").

c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.

5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the

subaward.

Article IX- Reporting Subawards and Executive Compensation

A. Reporting of frrst-tier subawards.

I. Applicability. Unless you are exempt as provided in paragraph d. of this aw;rrd term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) ofthe American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

2. Where and when to report. a. You must report each obligating action described in paragraph a. I. of

this award term to http://www.fsrs.gov. b. For subaward information, report no later than the end of the month

following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions at http://www.fsrs.gov specify.

B. Reporting Total Compensation of Recipient Executives.

36

94

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-

a. the total Federal funding authorized to date under this award is $25,000 or more;

b .. in the preceding fiscal year, your received-!. 80 percent or more of your annual gross revenues from Federal

procurement contracts (and subcontracts) and Federal fmancial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defmed at 2 CFR 170.320 (and subawards); and

c. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htrn)

2. Where and when to report. You must report executive total compensation described in paragraph b.l. of this award term:

a. As part of your registration profile at http://www.ccr.gov. b. By the end of the month following the month in which this award is

made, and annually thereafter.

C. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient' s preceding completed fiscal year, if-

a. In the subrecipient's preceding fiscal year, the subrecipient received-!. 80 percent or more of its annual gross revenues from Federal

procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

n. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

b. The public does not have access to information about the compensation of the executives through periodic reports filed under

37

95

section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm)

2. Where and when to report. You must report executive total compensation described in paragraph c.1. of this award term:

D. Exemptions

a. To the recipient. b. By the end of the month following the month during which you make

the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31 ), you must report any required compensation information of the subrecipient by November 30 of that year.

1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:

a. Subawards, and b. The total compensation of the five most highly compensated

executives of any subrecipient.

E. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25: a. A Governmental organization, which is State, local government or

Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a sub recipient under an award or

subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in management positions.



b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see

38

96

Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").

c. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Is accountable to you for the use of the Federal funds provided by the

subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402( c )(2)):

a. Salary and bonus. b. Awards of stock, stock options, and stock appreciation rights. Use the

dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (F AS 123R), Shared Based Payments.

c. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

d. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

e. Above-market earning on deferred compensation which is not taxqualified.

f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

Article X- Summary Description of Project

The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy, any respective Urban Area Security Strategies, and the investments identified during the application period. The HSGP consists of the State Homeland Security Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies.

39

97

Article XI- National Environmental Policy Act (NEP A)

The recipient shall comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communication towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full EHP review could result in a non-compliance fmding. For your convenience, here is the screening form link: (The Screening Form is available at: (www,fema.gov/doc/government/grant/bulletins/info329 final screening inemo.doc). For these types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, will all supporting documentation, to their respective FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award.

40

98

Attachment C

JUSTIFICATION OF ADVANCE PAYMENT

RECIPIENT:

If you are requesting an advance, indicate same by checking the box below.

[ ] ADVANCE REQUESTED

Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance.

If you are requesting an advance, complete the following chart and line item justification below.

ESTIMATED EXPENSES

BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditnres for First Three Months of

(list applicable line items) Subgrant Agreement

For example

ADMINISTRATIVE COSTS

(Include Secondary Administration.)

For example

PROGRAM EXPENSES

TOTAL EXPENSES

LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for

the cash advance. The justification must include supporting documentation that clearly shows the advance

will be expended within the first ninety (90) days of the contract term. Support documentation should

include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division

reasonable and necessary support that the advance will be expended within the first ninety (90) days of the

contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be

returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty

(30) days of receipt, along with any interest earned on the advance)

41

99

Financial Management

Attachment D

Warranties and Representations

Recipient's financial management system must include the following:

(1) Accurate, current and complete disclosure of the financial results of this project or program

(2) Records that identify the source and use of funds for all activities. These records shall

contain information pertaining to grant awards, authorizations, obligations, unobligated

balances, assets, outlays, income and interest.

(3) Effective control over and accountability for all funds, property and other assets. Recipient

shall safe.guard all assets and assure that they are used solely for authorized purposes.

(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever

appropriate, financial information should be related to performance and unit cost data.

(5) Written procedures to determine whether costs are allowed and reasonable under the

provisions of the applicable OMB cost principles and the terms and conditions of this

Agreement.

(6) Cost accounting records that are supported by backup documentation.

Competition

All procurement transactions shall be done in a manner to provide open and free competition. The

Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that

may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor

performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,

requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded

from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer

is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality

and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill

in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected

when it is in the Recipient's interest to do so.

42

100

Codes of conduct

The Recipient shall maintain written standards of conduct governing the performance of its employees

engaged in the award and administration of contracts. No employee, officer, or agent shall participate in

the selection, award, or administration of a contract supported by public grant funds if a real or apparent

conflict of interest would .be involved. Such a conflict would arise when the employee, officer, or agent,

any member of his or her immediate family, his or her partner, or an organization which employs or is

about to employ any of the parties indicated, has a financial or other interest in the firm selected for an

award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,

favors, or anything of monetary value from contractors or parties to subcontracts. The standards of

conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,

employees, or agents of the Recipient.

Business Hours

The Recipient shall have its offices open for business, with the entrance door open to the public, and at

least one employee on site, from 8:30AM to 5 PM Monday thru Friday

Licensing and Permitting

All subcontractors or employees hired by the Recipient shall have all current licenses and permits

required for all of the particular work for which they are hired by the Recipient.

43

1 01

Attachment E

Subcontractor Covered Transactions

(1) The prospective subcontractor of the Recipient, -------,...-------' certifies, by

submission of this document, that neither it nor its principals is presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation in this

transaction by any Federal department or agency.

(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective

subcontractor shall attach an explan<Jtion to this form.

SUBCONTRACTOR:

By: _________ _

Signature

Name and Title

Street Address

City, State, Zip

Date

Recipient's Name

OEM Contract Number

Project Number

44

102

Attachment F

Statement of Assurances

The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:

1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs.

2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) ·

3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act.

4.1t will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant.

6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements.

7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

8. It will comply with the flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.

45

103

10. It will comply, and assure the compliance of all tts subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Jul(enile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.

11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23, Criminal intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.

12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.

13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs.

14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more.

15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds wtthin the units of the Coastal Barrier Resources System.

16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the DrugFree Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620.

46

104

Attachment G

Reimbursement Checklist

Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations.

D D D

D

D

Equipment 1. Have all invoices been included? 2. Has an AEL #been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance

period of the grant? 4. Has proof of payment been included? (E.g. canceled check, Electronic

Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement)

5. If EHP form needed - has copy of it and approval from State/DHS been included?

Planning Consultants/Contractors Note: this a lies to contractors also billed under OTi anization

1. Does the amount billed by consultant add up correctly? D 2. Has all appropriate documentation to denote hours worked been properly

signed? 0 3. Have copies of all planning materials and work product (e.g. meeting

documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included).

D 4. Has the invoice from consultanUcontrator been included? D 5. Has proof of payment been included? (E.g. canceled check, Electronic

Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

D 6. Has Attachment F (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package?

Salary Positions (Note: this applies to positions billed under M&A and Organization as well) D 1. Have the following been provided: signed time sheet by employee and

supervisor and proof that employee was paid for time worked (statement of earnings, copy of payroll check or payroll register)? Has a time period summary sheet been included for total claimed amount?

47

105

D

D

D D

D

D

D

D

D

D

2. Does the back-up documentation provided match the time period for which reimbursement is being requested?

Training 1. Is the course DHS approved? Is there a course or catalog number? If not,

has FDEM approved the non-DHS training? Is supporting documentation included your reimbursement request?

2. Have sign-in sheets, rosters and agenda been provided? 3. If billing for overtime and/or backfill, has a spreadsheet been provided that

lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have print outs from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who?

4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought?

5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

Exercise 1. Has documentation been provided on the purpose/objectives of the

exercise? Such as, SITMAN/EXPLAN. 2. If exercise has been conducted - has after-action report been included?

Have sign-in sheets, agenda, rosters been provided? 3. If billing for overtime and backfill, has a spreadsheet been provided that

lists attendee names, department, #of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial

· system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who?

4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought?

48

106

D 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support qf the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

0 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

Travel/Conferences 0 1. Have all receipts been turned in sueh as: airplane receipts, proof of

mileage, toll receipts, hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel/conference? Does the hotel receipt have a zero balance? If applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee?

D 2. If travel is a conference has the conference agenda been included? D 3. Has proof of payment to traveler been included? (E.g. canceled check,

Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll).

Organization D 1. If billing for overtime and backfill, has a spreadsheet been provided that

lists attendee names, department, # of hours spent at EOC, hourly rate

D D

. and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who?

Matching Funds 1. Contributions are from Non Federal funding sources. 2. Contributions are from cash or in-kind contributions which may include

training investments.

49

107

0 3. Contributions are not from salary, overtime or other operational costs unrelated to training.

For All Reimbursements - The Final Check 0 1. Have Forms 3, 4a, 4b and 4c been completed and included with each

request for reimbursement? D 2. Have the costs incurred been charged to the appropriate POETE

category? D 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c? D 4. Has Form 3 been signed by the Grant Manager? D 5. Has the reimbursement package been entered into sub grantee's

records/spreadsheet? D 6. Have the quantity and unit cost been notated on Form 4b?

50

108

GRANT NAME: Community Emer,gency Response Team (CERT) Grant GRANT# 12-Cl-24-10-40-01-XXX

AMOUNTOFGRANT:$._z9~3~54~-~00~--------------------------

DEPARTMENT RECEIVING GRANT: Emergency Services

CONTACT PERSON: John King PHONE NUMBER: 226-3859

I.

2.

3.

4.

5.

How long is the grant for?~l'-'9'-"m""'o"'n"th"'s'-------------- Starting Date: October I, 2011

Does the grant require you to fund this function after the grant is over?

Does the grant require a match?

If yes, does the grant allow the match to be In Kind Services?

Percentage of match -----"N"I;::A._ _______ -"0%

Grant match amount required $ __ _,N"'/"-A-'-------

____ Yes

____ Yes

____ Yes

_,x"'--__ N,o

~X"-__ No

____ No

6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)?_

7. Does the grant cover capital costs or start-up costs? ___ Yes No If no, how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) $ ________________ __

Are you adding any additional positions utilizin__g the grant funds? ____ Yes If yes, please list. (If additiona space is needed; please attach a schedule.)

X No 8.

Acct. Description Position Position Position Position Position

011.12 Regular Salaries N/A

011.13 Other Salaries & Wages (PT) N/A

012.11 Social Security N/A

012.12 Retirement-Contributions N/A

012.13 Insurance-Life & Health N/A

012.14 Worker's Compensation N/A

.012.17 S/Sec. Medicare Matching N/A

TOTAL N/A

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

N/A N/A N/A N/A

10. What is the estimated cost of the grant to the county over five years?$. _____________ _

Grant Other Match Costs Amount Not Covered Match Total

First Year $9,354.00 $ N/A $ N/A $9,354.00

Second Year $ N/A $ $ $ N/A

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature ofPreparer: __________________ __ Date: December 15, 2011

109

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

/ Jason E. Brown ( Director, Office of Man

January 4, 2012

Miscellaneous Budget Amendment 004

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

Cli -Consent Agenda

1 . On September 22, 2009, the Board of County Commissioners approved a local Jobs Grant for SpectorSoft Corporation. The projected payment schedule dictates that the County pays up to $25,667 during fiscal year 2011/12. ihe attached entry appropriates funding for year one in the amount of $25,667 from General Fund Reserve for Contingency.

2. Legal Advertising expenses have been incurred as a result of the Redistricting process. Invoices totaling $4,335 have been received, of which 25% or $1,084 is to be paid by the School Board. The attached entry appropriates funding for Indian River County's portion of $3,251 or 75% from General Fund Reserve for Contingency.

3. On August 16, 2011 the Board of County Commissioners approved purchasing the 350 acre Pressley Conservation Easement using North American Wetlands Conservation Act Grant funds. The attached entry appropriates this grant funding in the amount of $1,000,000. The closing fees ($36,300) will be funded with Land Acquisition Bonds/Cash Forward.

4. On May 17, 2011 the Board of County Commissioners approved E911 State Grant Program Funds to be used for replacement equipment within the Vero Beach and Sebastian Police Departments Public Safety Answering Points (PSAP's). The attached entry appropriates this grant funding in the amount of $607,710.

5. The County's Antivirus and Antispam package contracts are in need of renewal. The attached entry appropriates funding in the amount of $17,000 from General Fund Reserve for Contingency.

6. The Shooting Range is in need of a 7 yard shooting line sidewalk on the Pistol Range. The attached entry appropriates funding for this improvement in the amount of $10,500 from fund balance reserved for the Shooting Range.

7. On December 20, 2011 the Board of County Commissioners approved purchasing a four-wheel drive medium-duty chassis brush truck. Funding for the brush truck will be provided from Fire Rescue Impact Fees in the amount of $202,630.

8. Indian River County libraries have received donations totaling $11,907. The attached entry appropriates these donations.

110

Board of County Commissioners January 4, 2012 Page 2 of2

9. On December 20, 2011 the Board of County Commissioners approved a request to use General Fund monies to cover Landfill Disposal Fees associated with the PACE (Protocol for Assessing Community Excellence) Project and other illegal dumping projects. Funding for this expenditure will be provided by General Fund Reserve for Contingency in the amount of $11,000.

10. On September 13, 2011 the County accepted a State Funded Agreement in the amount of $2,974 for Hazardous Analysis as part of the overall Emergency Management preparedness mission. The attached entry appropriates funding for the FY 2011/2012 grant

11. The County is in receipt of a Federal Transit Administration (FTA) Section 5307 grant in the amount of $203,763 that has been allocated towards the Senior Resource Association Transit Administration Building. The attached entry appropriates the grant funds.

12. Each year it becomes necessary to "roll over" certain projects that were initiated in fiscal year 2010-2011 to the current fiscal year. The attached entry appropriates funding for these projects for fiscal year 2011-2012.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2011/2012 budget

Attachments Budget Amendment 004 and Resolution

APPROVED AGENDA ITEM:

BY: ~~~~~~~~~~---

FO Januarv 10, 2012

Indian River County

Administrator

Legal

Budget

Department

Risk Management

APproved Date

(C 8) d 5/;:;).. 1\ :.-.<:1 l-L-1-12-I.._,_

(!!\ 1/4//l-) I I

v

111


A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2011-2012 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2011-2012 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 2011-2012 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 2011-2012 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution.

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

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

The Chairman thereupon declared this Resolution duly passed and adopted this dayof ,2012.

Attest: J. K. Barton, Clerk

By ____ ~-~-----Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By __________ _


APPROVED AS TO FORM AND LEGA UFFICIENCY

BY · UNTY ATTORNEY

112

~xhibit "A" Resolution No. 2012- (A !~,~ Budget Office Approval: IV' I_ Budget Amendment: 004

Jason E. rown, f!udget Director

Entry Fund/ Depar (?~ccount Name Number

Account Number Increase Decrease

1. Expenses

General Fund/Reserve for Contingency 00119981.099910 $0 $25,667

General Fund/Agencies/SpectorSoft Local Jobs Grant 00111015-088012 $25,667 $0

2. Expenses

General Fund/Reserve for Contingency 00119981·09991 0 $0 $3,251

General Fund/BCC/Legal Ads 00110111-034910 $3,251 $0

3. Revenues

Land Acquisition Series 2006/lntergovemmentai/USFWS 145033-331300·11802 $1,000,000 $0

St Johns River Headwater Grant

Land Acquisiton Series 2006/Non-Revenue/Cash Forward-145039-389040 $36,300 $0

Oct 1st

Expenses

Land Acquisition Series 2006/0ther Professional Services 14514639-033190 $1,036,300 $0

4. Revenues

Communications Center/E911 State 120033-334201-11005 $607,710 $0

GranWB/Sebastian/EOC/PSAP Improvements

Expenses

Communications Center/Construction 12013225·06651 0-11005 $607,710 $0

ProgramNB/Sebastian/EOC/PSAP Improvements

5. Expense

General Fund/Computer Services/Computer Software 00124113-035120 $17,000 $0

General Fund/Reserve for Contingency 00119981-099910 $0 $17,000

6. Revenues

M.S.T.U./Non-Revenue/Cash Forward October 1st 004039-389040 $10,500 $0

Expenses

M.S.T.U./Shooting Range/Other Improvements Except 00416172-066390 $10,500 $0

Building

7. Revenues

Impact Fees/Non-Revenue/Cash Forward October 1st 103039-389040 $202,630 $0

Expenses

Impact Fees/Fire Services/Automotive 10312022-066420 $202,630 $0

113

Resolution No. 2012- . (A).rtxhibit "A" :·o· Budget Office Approval: . . 2' Budget Amendment: 004

Jason E. rown , Budget Director

Entry Fund/ Depa ~Account Name Account Number Increase Decrease

Number

8. Revenues

General Fund/Miscellanoeus/Donations Main Library 001 038·366095 $8,369 $0

General Fund/Miscellanoeus/Donations North County 001038-366100 $2,827 $0 Library

General Fund/Miscellanoeus/Donations-Books North 001038-366097 $711 $0

County Library

Expenses

General Fund/Main Library/Books 0011 097H35450 $7,000 $0

General Fund/Main Library/Programs 00110971-038190 $1,369 $0

General Fund/North County Library/Subscriptions 00111271-035460 $2,827 $0

General Fund/North County Library/Audio Visual 00111271-038340 $711 $0

9. Expense

General Fund/Planning/Other Professional Services 00120415·033190 $11,000 $0

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $11,000

10. Revenues

General Fund/Intergovernmental/Hazardous Materials 001033·334292 $2,974 $0 Grant

Expenses

General Fund/Emergency Management/Other Operating 00120825-035290 $2.974 $0 Supplies

11. Revenue

Federal/State Grants/FTA Sec 5307/SRA Transit 136033-331410-09813 $203,763 $0 Administration Building

Expense

Federal/State Grants/Community Transportation 13611041-088230-09813 $203,763 $0 Coordinator/SRA Transit Administration Building

12. Revenue

General Fund/Non-Revenue/Cash Forward-Oct 1st 001 039·389040 $22,489 $0

General Fund/lntergovemmentaiiPTE Homeland Security 001 033-33120()..10801 $53,000 $0 Grant 09-12

General Fund/lntergovenrmentaiiPTE Homeland Security 001033-331200-11801 $58,497 $0 Grant 10·11

MSTU/Non-Revenue/Cash Forward-Oct 1st 004039-389040 $43,397 $0

Old Traffic Impact Fees/Non-Revenue/Cash Forward-Oct 1 01039-389040 $1.149,370 $0 1st

Traffic Impact Fees/Non-Revenue/Cash Forward-Oct 1st 1 02039·389040 $7,116,848 $0

Impact Fees/Non-Revenue/Cash Forward October 1st 1 03039·389040 $4,571,937 $0

114

Resolution No. 2012-

Budget Office Approval:

Entry Number

Jason . Brottn. Budget Director

Fund/ De ~enUAccount Name

Secondary Roads/Non-Revenue/Cash Forward-Oct 1st

Secondary Roads/DEP Grt-Trans FL Greenway

Secondary Roads/DOT Safe Rtes to School Grant

Transportation Fund/Cash Forward-Oct 1st

Emergency Districtllntergovernment/EMS County Awards Grant

Emergency District/Non-Revenue/Cash Forward-Oct 1st

Tourist Tax/Cash Forward-Oct 1st

910 Surcharge/E911 State Grant/Sheriff PSAP Improvement

911 Surdlarge/Cash Forward-Oct 1st

Beach Restoration/Cash Forward-Oct 1st

Florida Boating Improvements Program/Cash Forward-Oct 1st

Library Bequests/Cash Forward-Oct 1st

Federal/State Grants/FTAA ARRA Grant/SRA Transit Builiding

Traffic Education/Cash Forward-Oct 1st

Optional Sales Tax/Non-Revenue/Cash Forward-Oct 1st

Optional Sales Tax!FDOT LAP GranU17th St-IR Blvd

Utilities/Non-Revenue/Cash Forward-Oct 1st

GIS Department/Cash Forward-Oct 1st

Expense

General Fund/North County Library/Audio-Visual Books

General Fund/Brackett Library/Books-Brackett Proceeds

General Fund/Main Library/Books

General Fund/Facilities Management/Other Professional Services

General Fund/Facilities Management/Maint-Bidgs

General Fund/Emergency Management/Other Contractual Svcs/PTE Homeland Security Grant 09-12

General Fund/Emergency Management/Other Professional Svcs/PTE Homeland Security Grant 09-12

MSTU/NCAC/Maint.-Structure Except Buildings

MSTU/NCAC/Other Machinery & Equipment

Budget Amendment: 004

Account Number Increase Decrease

1 09039-389040 $2,071,246 $0

109033-331702-10002 $197,185 $0

109033-331400-10007 $1,458,844 $0

111039-389040 $103,376 $0

114033-334290 $3,023 $0

114039-389040 $988,548 $0

119039-389040 $10,410 $0

120033-334201-11003 $408,947 $0

120039-389040 $1,055,876 $0

128039-389040 $1,059,699 $0

133039-389040 $170,000 $0

134039-389040 $6,193 $0

136033-331411-09813 $1,390,979 $0

137039-389040 $32,703 $0

315039-389040 $7,385,094 $0

315033-331400-11804 $94,984 $0

471039-389040 $365,639 $0

505039-389040 $232,649 $0

00111271-035480 $962 $0

00111371-039999 $1,825 $0

00110971-035450 $1,359 $0

00122019-033190 $12,343 $0

00122019-034610 $6,000 $0

00120825-033490-10801 $53,000 $0

00120825-033190-11801 $58,497 $0

0041 04 72-034660 $12,500 $0

0041 04 72-066490 $7,000 $0

115

Resolution No. 2012- {A,- r~-----Budget Office Approval: " Budget Amendment: 004

d ,rtxhibit "A"

Jason E. Browr Budget Director

Entry Fund/ Depa~t/Account Name Account Number Increase Decrease Number

MSTU/Road & Bridge/Maint-Bidgs/Gifford Comm Center- 00421441-()3461 0-10005 $23,897 $0 Maint

Old Traffic Impact Fees/District IIIROW-17th St & A1A 1 0115241-()66120-02024 $100,000 $0

Old Traffic Impact Fees/District ll/17th St & A1A 10115241-066510-02024 $1,049,370 $0

Traffic Impact Fees/District I/CR51 0/61 st Drive to Shore 10215141-066510-05023 $125,525 $0

Lane

Traffic Impact Fees/District I/ROW/CR510/61st Drive to 10215141-()66120-05023 $307,586 $0

Shore Lane

Traffic Impact Fees/District !/66th Avef77th to Barber 10215141-066510-06004 $100,000 $0

Traffic Impact Fees/District ll/66th Ave/SR 60 to 59th St 1 0215241-066510-06040 $1,828,950 $0

Traffic Impact Fees/District II/ROW/66th Ave/59th to 77th 10215241-066120-07806 $1,000,000 $0

St

Traffic Impact Fees/District lll/43rd Ave/12th St to Oslo 10215341-066510-06055 $20,000 $0

Traffic Impact Fees/District Ill/Oslo Rd/27th to 43rd Ave 10215341-066510-06018 $1,450,735 $0

Traffic Impact Fees/District Ill/Old Dixie Highway Bridge 10215341-066510-02037 $176,500 $0

Over Canal

Traffic Impact Fees/District Ill/66th Ave/12th to 4th St 10215341-066510-02031 $2,107,552 $0

Impact Fees/ Admin/lnterdept. Charges 10320415-03990 $202,251 $0

Impact Fees/Parks/ All Land 10321072-()6611 0 $1,568,416 $0

Impact Fees/Parks/ Other Improvements 1 0321 072-()66390 $108,171 $0

Impact Fees/Parks/CIP-Oslo Road Boat Ramp 10321 072-()6651 0-03017 $293,099 $0

Impact Fees/PB.rks/S.County Park Multi Purpose Fields 10321 072-()66510-11 006 $1,500,000 $0

Impact Fees/Law Enforcement/Crime Scene Unit Bldg 10360021-066510-01004 $900,000 $0

Rennovation

Secondary Roads/Oslo Rd/43rd Ave-58th Ave 1 0921441-06651 0-05004 $582,452 $0

Secondary Roads/26th St./Aviation Blvd-US 1 to 43rd Ave 10921441-066510-05031 $89,079 $0

Secondary Roads/Indian River Drive Sidewalk-North 10921441-06651 0-06032 $212,624 $0

Secondary RoadsfTrans FL Greenway at SRMS 10921441-066510-10002 $20,000 $0

Secondary Roads/20th Ave,SW/17th St SW-25th st SW 10921441-066510-06026 $154,308 $0

Secondary Roads/Other Contractual Services/Annual 1 0921441-()33490-05007 $281,166 $0

Survey Services

Secondary Roads/Other Contractual 10921441-033490-05008 $26,372 $0

ServicesfTownship/Section Horizontal Control

Secondary Roads/Other Contractual Services/ NGVD/ 10921441-033490-05009 $10,319 $0 NAVD88 Vertical Constrol

Secondary Roads/Other Contractual Services 1 0921441-033490 $66,399 $0

Secondary Roads/Road & Bridge/Paving Materials 1 0921441-()35310 $628,527 $0

116

_J £xhibit "A" Resolution No. 2012- !A '[2, . Budget Office Approval: Budget Amendment: 004

Jason EjBrown Budget Director

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

Number

Secondary Roads/Road & Bridge/DEP GrtfTrans FL 10921441-066510-10002 $197,185 $0 Greenway

Secondary Roads/Road & Bridge/Old Dixie Sidewalk -38th 10921441-066510-10007 $1,458,844 $0

Lane to 65th Street

Transportation Fund/Stormwater/Other Contractual 11128138-033490-05057 $59,207 $0

Services/Egret Marsh Reg. Stormwater

Transportation Fund/Stormwater/Other Contractual 11128138-033490-07026 $44,169 $0

Services/Main Relief Canal

Emergency District/Fire Rescue/EMS County Awards 11412022-066910 $2,634 $0

Capital

Emergency District/Fire Rescue/Other Operating Supplies 11412022-037310 $389 $0

Emergency District/Fire Rescue!Fire Station #13 11412022-066510-08006 $988,548 $0

911 Surcharge/Wireless/Computer Software 12013225-035120 $97,828 $0

912 Surcharge/Communication CenteriComputer Software 12013325-035121 $69,705 $0

911 Surcharge/Communication Center/Sheriff PSAP 12013325-066510-11003 $408,947 $0

Improvement

912 Surcharge/Communication CenterNB/Seb/EOC 12013325-066510-11005 $888,343 $0 PSAP Improvement

Tourist Tax/District 1/Chamber of Commerce 11914472-088750 $10,410 $0

Beach Restoration/District 1/Sector 3 Beach Restoration 128144 72-066510-05054 $1,059,699 $0

Florida Boating Improvement Program/Parks/Oslo Rd Boat 13321072-066510-03017 $170,000 $0

Ramp

Library Bequests/Main Library/Books 13410971-035450 $6,193 $0

Fed State Grants/Facilities ManagementtiR SRA Transit 13622019-066510-09813 $1,390,979 $0

Admin Bldg (ARRA)

Traffic Education/Agencies/IR School Board 13711041-088001 $10,634 $0

Traffic Education/Agencies!St. Edwards School 13711041-088002 $22,069 $0

Optional Sales Tax/Emegency Management!BOO MHZ 31520825-066510-05065 $1,400,000 $0

Radio Expansion

Optional Sales Tax/Parks/S. County Park Phase 3 31521072-066510-03028 $1,843,545 $0

Improvements

Optional Sales Tax/ParksNBSV Cloverleaf Fields 31521072-066510-11011 $2,373,531 $0

Optional Sales Tax/Road & Bridge!Oslo Road/43rd Ave to 31521441-066510-05004 $585,772 $0

58th Ave

Optional Sales Tax!Road & Bridge/Oslo Roadf17th St-IR 31521441-Q66510-11804 $94,984 $0

Blvd

Optional Sales Tax/Facilities MgmUCrime Scene Unit Bldg 31522019-066510-01004 $600,000 $0

Rennovation

Optional Sales Tax/Facilities Management!Gifford 31522019-066510-10005 $19,144 $0

Community Center-Improvements

Optional Sales Tax/Facilities Managmement!Jail Fire 31522019-066510-10010 $213,102 $0

Alarm System

Optional Sales Tax!Public Works!Egret Marsh Reg. 31524338-06651 0-05057 $350,000 $0

Stormwater

Utilities/General & Engineering/82nd Ave Bridge 4 7123536-044699-11503 $365,639 $0

Relocations

117

Resolution No. 2012·

Entry Number

GIS DepartmenVOther Professional Services

Account Number

50510319-033190

Budget Amendment: 004

Increase Decrease

$232,649 $0

118

I INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM


THROUGH: Joseph A. Baird, County Administrator

THROUGH: John King, Director ~~ Department of Emer~c~iJices

FROM: Dale Justice, Emergency Management Coordinator ~ Department of Emergency Services 'V 0


CONSENT I

2::J

SUBJECT: Acceptance of2011 Award Letter for State Homeland Security Grant Program

It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

As part of the continuing effort to adequately prepare for homeland security threats and natural or manmade disasters, and pursuant to State Rule Chapter 90-6 Florida Administrative Code and Chapter 252 Florida Statutes, the State of Florida, Division of Emergency Management provides funding for planning, exercise and training Emergency Operations Center personnel (including volunteer staff) for disaster response and recovery.

The Florida Division of Emergency Management has awarded the Indian River County Division of Emergency Management a one-time grant through the State Homeland Security Grant Program for the purpose of providing emergency management planning and training activities.

ALTERNATIVES AND ANALYSIS:

The total amount of the grant award is $16,500.00 and the attached award letter must be signed and returned prior to the execution of our Federally Funded Subgrant Agreement. No funds will be disbursed until the award letter and has been signed and returned.

FUNDING:

This is a I 00% funded agreement and no match is required by Indian River County. The term of the agreement is from October I, 2011 through April30, 2014. The state recognizes line-item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by

119

FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties.

ITEM COST (208) Budget)

Exercises $10,000.00 · Planning $ 4,500.00

Training $ 2,000.00

Net Total available to Indian River County $16,500.00

RECOMMENDATION:

Staff recommends the Board accept the State Homeland Security grant in the amount of $16,500 and authorize the Chairman to execute the attached grant agreement.

ATTACHMENTS:

1. Two (2) Original Copies of the Florida Department of Emergency Management Award Letter

2. County Grant Form

APPROVED FOR AGENDA

Indian River County Ap roved Date

<'l.dmlnlstrator ~ 1/sh-v..-FOR: Januarv 10. 2012

Legal ltl. l:> ;-•t-1 Budget ( ~ t{4ltz.. Risk Mmaagement J1A, --1") ,;1·1N-1

Dep.-- itt: r·•r-1t v I

120

STATE OF FLORIDA ~(Q)~y

DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Governor

November 17, 2011

BRYAN W. KOON Director

SUBGRANTEE: Indian River County Department of Emergency Services

ISSUE Nl,IMBER 7 7

PROJECT TITLE Exercises Planning

FINAL ALLOCATION $ 10,000.00 $4,500.00

7 Training $2,000.00

GRANT PERIOD: October 1, 2011 -April 30, 2014 AWARD TOTAL: $ 16,500.00

FEDERAL GRANT NO: STATE GRANT NO: Provided Upon Execution

In accordance with the provisions of Federal Fiscal Year 2011 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above.

Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the space below and the· original returned to the Florida Division of Emergency Management before execution of your agreement. The subgrantee should not expend any

· funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc,).

Supplantation: The Act requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local Cir state funds or other resources that would otherwise have been available for homeland security activities~ In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities.

Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there

FLORIDA RECOVERY OFFICE 5900 Lake Ellenor Drive

Orlando, FL 3280·9~4634

• DIVIS I 0 N HEADQUARTERS • STATE lOGISTICS'RESPONSE CENTER 2555 Shumard Qak Boulevard 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631

Tel: 850-413-9969 • Fax: 850-488-1016 www .Flori daDisaster. orq

121

has been appropriate coordination with affected agencies; that I am duly authorized to commit the appJicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a thirty month (30) period.

122

SPECIAL CONDITIONS

Article I - Financial Guidelines

1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHSgrants are listed below:

A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and

Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and

Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-11 0)

3. 44 CFR Part 10, Environmental Considerations

B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal

Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular

A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB

Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with

Commercial Organizations

C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit

Organizations ·

Article II - Prohibition on Using Federal Funds

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, withoutthe express prior written approval . .

ofFEMA.

Article Ill- Compliance with Program Guidance

The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.

123

Article IV- Financial Reports (FOEM Form 1 & 2) Required Quarterly

Tlie recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31; April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent.· The Close-Out Report (FDEM Form 5) is due within sixty (60) days after the end date of the performance period.

Article V- Acceptance of Post Award Changes

In the event thatFEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.

Article VI -Trafficking In Persons

A Provision applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not:

a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

b. Procure a commercial sex act during the period of time that the award is in effect; or

c. Use forced labor in the performance of the award or subawards under the award.

2. We, as the State awarding agency, may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:

a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

i Associated with performance under this award; or ii Imputed to you or the subrecipient using the standards and due

process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB

124

Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000.

B. Provisions applicable to a recipient other than a private entity. We as the Federal warding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:

1. Is determined to have violated a prohibition in paragraph A.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due

process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000 .

. C. Provision applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this

·award term.

2. Our right to terminate unilaterally that is described in paragraph A.2 orB of this section: a. Implements section 1 06(g) of the Trafficking Victims Protection Act

of 2000 (TVPA), as amended (22 U.S.C. 7104(g}}, and b. Is in addition to all other remedies for noncomplicance that are

available to us under this award.

3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity.

D. Definitions. For purposes of this award term:

1. "Employee" means either: a. An individual employed by' you or a sub recipient who is engaged in

the performance of the project or program under this award; or b, Another person engaged in the performance of the project or

program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are

125

contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. ·

2. "Forced labor'' means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. "Private entity" means: a. Any entity other than a State, local government, Indian Tribe, or

foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes:

L A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR t75.25(b).

ii. A for-profit organization.

4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amende.d (22U.S.C. 7102).

Article VII - Classified Security Condition

A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information.

C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federa.l department or agency with whom the classified effort will be performed.

126

D. Such contracts, subawards, or other agreements shalt be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://WWW.dhs.gov/xopnbix/grants/index.shtm ·

E. Immediately upon determination by the.award recipient that funding under this award wilt be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shalt contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. ·

DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: [email protected]

Mail: Department of Homeland Security Office of the Chief Security Officer · ATTN: ASD/Industrial Security Program Branch yvashington, D.C. 20528

Article VIII - Central Contractor Registration and Universal Identifier Requirements

A. Requirement for Central Contractor Registration (CCR)

Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that applicants and recipients review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another·award term.

B. Requirement for Data Universal Numbering System (DUNS) Numbers

If recipients are authorized to make subawards under this award, they:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.

127

2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.

C. Definitions

For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://Www.ccr.gov).

2. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&i3) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the internet (currently at http://fedgoli.ndb.com/webforrn).

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:

a. A Governmental organization, which is State, local government or Indian Tribe;

b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a sub recipient under an award or


4. Subaward: a. This term means a legal instrument to providesupport for the


b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec.----.21 0 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit · · Organizations").

c. A subaward may be provided through any legal agreement; including an agreement that you consider a contract.

5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by

the subaward.

128

Article IX .:. Reporting Subawards and Executive Compensation

A Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not inClude Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

2. Where and when to report. a. You must report each obligating action described in paragraph a.1.

of this award term to http://www. fsrs.gov. b. For subaward information, report no later than the end of the month

following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported no later than December 31, 201 0.)

3. What to report. You must report the information about each obligating action that the submission instructions at http://www.fsrs.gov specify.

B. Reporting Total Compensation of Recipient Executives.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- ·

a. the total Federal funding authorized to date under this award is $25,000 or more;

b. in the preceding fiscal year, yourreceived-i. 80 percent or more of your annual gross revenues from Federal

procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR.

·170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal


c. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the

· compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm)

129

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

a. As part of your registration profile at http://www.ccr.gov. b. By the end of the month following the month in which this award is

made, and annually thereafter.

C. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the sub recipient's five most highly compensated executives for the subrecipient's preceding coll)pleted fiscal year, if-

a. In the subrecipient's preceding fiscal year, the subrecipient received- · i. 80 percent or more of its annuai gross revenues from Federal


ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

· b. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue

·Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:f/www.sec.gov/answers/execomp.htm)

2. Where and when to report. You must report executive total compensation described in paragraph c.1. of this award term:

D. Exemptions

a. To the recipient. b. By the end of the month following the month during which you

make the subaward. For example, if a subaward is obligated on any . date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.

1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exemptfrom the requirements to report:

a. Subawards, and

130

b. The total compensation of the five most highly compensated executives of any. subrecipient.

E .. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25: a. A Governmental organization, which is State, local government or

Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreigri for-profit organization; and e. A Federal agency, but only as a sub recipient under an award or


2. Executive means officers, managing partners, or any other employees in management positions.



b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.21 0 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").

c. A subaward may be provided through any legal agreement; . including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award;

and b. Is accountable to you for the use of the Federal funds provided by

the subaward. ·

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for.more information see 17 CFR 229.402(c)(2)):

a. Salary and bonus. b. Awards of stock, stock options, and stock appreciation rights. Use

the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

131

c. Earnings for services under non-equity incentive plans. This does .. not include group life, health, hospitalization or medical reimbursement plans tha:t do not discriminate in favor of executives, and are available generally to all salaried employees.

d. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

e. Above-market earning on deferred compensation which is not tax~ qualified.

f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. ·

Article·x- Summary Description of Project

The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy, any respective Urban Area Security Strategies, and the investments identified during the application period. The HSGP consists of the State Homeland Security Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies.

Article XI- National Environmental Policy Act (NEPA)

The recipient shall comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMAto ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communication towers, physical security enhancements, new construction .. and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require reevaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full EHP review could result in a non-compliance finding. For your convenience, here is the screening form link: (The Screening Form is available at:

132

(www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc). For these types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, will all supporting documentation, to their respective FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award.

ACCEPTANCE FOR THE SUBGRANTEE:

Signature of Official Authorized to Sign for Grantee

Date

APPROVED

Signature of State Administrative Agency

Date

Attest: J.K. Barton, Clerk

133

GRAN! NAME: Homeland Security Grant GRANT# Provided Upon Execution

AMOLmTOFGRANT:$._Jl~6~50&0~.0~0~. ------------------------------DEPARTMENTRECEIV!NGGRANT: E£m!!!!l!ergllleen,.c'Ly-"S"'erv!'-"-"·ce,s,_ _____________________ _

CONTACTPERSON: JohnKing PHONE NUMBER: 772-567-8000 ext.3859

I.

2.

3.

4.

5.

6.

7.

8.

How long is !he grant for?_,2"'.5'-y"'ears"""· '-'·------

Does the grant require you to fimd this fimction after the grant is over?

Does the grant require a match?

If yes, does the grant allow the match to be In Kmd Services?

Percentage of match N/A 0%

Grant match amount required $, __ .J:Nu/A£L ___ __

Starting Date:

___ Yes

___ Yes

___ Yes

October I, 20ll

X No

X No

X No

Where are the matclring fimds coming from (i.e. In KIDd Services; Reserve for Contingency)? ,N,I A"'----

Does the grant covercapjtal costs or start-JIP costs? N/A Yes If no, how much do you think will be needed in capital costs or start up costs ()\.!tach a detail listing of costs)

--~No

$ ____ gN~/A~--------~-Are you addil)g any.[ldditional J)Ositions utilizing !he gr.u:rt fimds? If yes, please liSt (Jt additional space is needed, please attach a schedule.)

_____ Yes -~X~No

Acct. Description Position Position Position Position Position

011.12 Regular Salaries N/A N/A N/A N/A NIA

011.13 Other Salaries & Wages (PT) NIA N/A N/A N/A N/A

012.11 Social Security N/A NIA N/A N/A NIA

012.12 Retirement-Contributions N/A N/A NIA N/A N/A

012.13 Insurance-Lite & Health N/A N/A NIA N/A N!A

012.14 Worker's Compensation N/A NIA N/A N/A N/A

012.17 S/Sec. Medicare Matclring N/A N/A NIA N/A N/A

TOTAL N/A N/A N/A N/A N/A

9. What is the total cost of each position including benefits, capital, start-up, auto expeuse, travel and operating?

Salary and Benefits Operating Costs Capjtal Total Costs

NIA NIA N/A NIA

N/A N/A NIA N/A

N/A NIA NIA N/A

NIA N/A NIA N/A

N/A N/A N/A N/A

10. What is the estimated cost of the grimt to the county over five years? $,~ _ _rNuiA£L ______________ __

Grant A';i;ount

Other Match Cnsts Not Covered Match Total

First Year $N/A $N/A $N/A $N!A

Second Year $N/A $N/A $NIA $N/A

Third Year $NIA $N/A $N!A $N/A

Fourth Year $N/A $NIA $N/A $N/A

Fifth Year $N/A $N/A $N/A $N/A

Signature ofPreparer.:·_ ---------------- Date: December 30, 20ll

134

INDIAN RIVER COUNTY,FLORIDA DEPARTMENT OF EMERGENCY SERVICES

MEMORANDUM

Consent Agenda I~#(_


THROUGH: Joseph A. Baird, County Administrator ,. THROUGH: John King, Director h\{yy' .

Department ofEmerW~Y Services

FROM: Etta LoPresti, Emergency Management Planne~ Department of Emergency Services


SUBJECT: Approval of Resolution Adopting the 2012 Iridian River County Comprehensive Emergency Management Plan.

On September 4, 2007, the Board last approved the updated the Indian River County Comprehensive Emergency Management Plan (CEMP) which provides policies and procedures during disaster events. Per Rule 9G-6.006(1 0) of the Florida Administrative Code, county CEMPs are required to be updated and reviewed by the Florida Division of Emergency Management at a minimum of every four years.

The Emergency Management Division has completed the required 2012 updates for the CEMP and, in a letter dated December 9, 2011, was notified by the Florida Division of Emergency Management that their review team has determined that Indian River County's plan meets the CEMP compliance criteria. The modifications to the CEMP provide the best response and recovery to Indian River County residents and streamline efforts to obtain Presidential Disaster Declarations for financial aid after disasters. The 2012 Comprehensive Emergency Management Plan will supersede all previously distributed versions of this plan.

FUNDING: This plan is a requirement of the EMP A Grant scope of work included in the 001-238 approved FY 201112012 budget.

RECOMMENDATION: Staff recommends approval and adoption of the updated 2012 Comprehensive Emergency Management Plan by resolution and the appointment of John King as the Plan Manager for Indian River County.

ATTACHMENTS:

1. Resolution approving the 2012 Indian River County Comprehensive Emergency Management. 2. Approval letter from the Florida Division of Emergency Management dated December 9, 2011.

**Because of the size of the plan, the 2012 Plan is on file at the Department of Emergency Services and the Board of County Commission Office.**

APPROVED FOR AGENDA Indian River County

Administrator

Legal

Budget

Risk Management

Department

35

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Governor

Mr. John King, Director

December 9, 2011

Indian River County Department of Emergency Management 4225 43'd Avenue . . Vero Beach, FL 32967

CERTIFIED MAIL- RETURN RECEIPT REQUESTED

Dear Director King:

BRYAN W. KOON Director

In accordance with the provisions of Rule Chapter 9G-6 Florida Administrative Code (FAC), the Florida Division of Emergency Management (FDEM) has completed its review of the Indian River County Comprehensive Emergency Management Plan (CEMP). The review team has determined that your plan meets the CEMP compliance criteria. We hope that the comments and discussions the review team had with you and your staff during the review will assist you in future planning efforts and enhance the update of your CEMP.

The approved plan must now be adopted by resolution by the Board of County Commissioners within 60 days in accordance with Rule 9G-6.006(10) FAC. You must forward a copy of the adoption resolution and an electronic copy of the adopted plan to FDEM to complete compliance. Failure to adopt the plan by resolution within 60 days will result in a letter of non-compliance unless an adoption extension is requested in accordance with Rule 9G-6.006(10) FAC.

FLORIDA RECOVERY OFFICE 5900 Lake Ellenor Drive Orlando, FL 32809-4634

• DIVIS I 0 N HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631

Tel: 850-413-9969 • Fax: 850-488-1016 www. Florid aD is aster. o rg 136

j Mr; King December 9, 2011 Page Two

If you have any questions or need additional information regarding the plan's approval, please contact your review team leader, Erika Smith, at (850) 413-9906 or by email: [email protected].

GK/es

Gwen Keenan, Chief Bureau of Preparedness

cc: Gary Wheeler, Chairperson of BOCC, Indian River County Jim Roberts, DEM- Regional Coordinator Team Leader Kate Boer, RPC Representative Leo Lachet, OEM - Recovery Miles Anderson, OEM - Mitigation Erika Smith, OEM- CEMP Program Coordinator (Interim)

137

RESOLUTION 2012 •

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

ADOPTING A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR INDIAN RIVER COUNTY

WHEREAS, Chapter 252, Florida Statutes, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and

WHEREAS, Chapter 252, F:s., assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and

WHEREAS, Chapter 252, F .S., requires each county to develop a county emergency ·management plan and program that is coordinated and consistent with the stat~ comprehensive emergency management plan and program; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 2012 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP), as approved by the DIVISION, is hereby adopted. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: ·

Chairman Vice Chairman Commissioner Commissioner Commissioner

Gary C. Wheeler Peter D. O'Bryan Wesley S. Davis Joseph E. Flescher Bob Salari

The Chairman thereupon declared the resolution duly passed and adopted this day of ·, 2012.

Attest:

Jeffrey K. Barton, Clerk


BY~--~~----~----Gary C. Wheeler, Chairman

APPROVED AS TO FORM

:JCJ~7J)Jlll WILLIAM K. DEBRAAL

DE?UTt CbUNTY ATTC:tNEY

138

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 271

h STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562

TO: Joseph A. Baird, County Administrator

CONSENT

THROUGH: Christopher R. Mora, P.E., Public Works D~rj~JA ~ FROM: W. Keith McCully, P.E., Stormwater Engineer ~/

SUBJECT: CONSENT AGENDA - APPROVAL OF FINAL PAYMENT TO HYDROMENTIA, INC. FOR WORK ORDER NO. 3


DESCRIPTION AND CONDITIONS

On July 6, 2010, Indian River County entered into Work Order No.3 with Hydromentia, Inc. to assist the County in meeting an EPNFDEP 319 grant requirement with respect to water quality monitoring and reporting at Egret Marsh Stormwater Park. The work is complete and acceptable and the final invoice amount is $11 ,500.

ANALYSIS

Alternative No. 1 - Approve the final invoice for Work Order No. 3 in the amount of $11,500.

Alternative No. 2- Reject the final invoice.

FUNDING

1. Monitoring and Reporting Services for 319(h) Grant for Egret Marsh Stormwater Park - Account Number is 11128138-033490-05057 (Other Contractual Services -Egret Marsh)

RECOMMENDATION

Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1, and authorize payment final payment of Work Order

No. 3 in the amount of $11 ,500.

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda ltems\Agenda- Consent- Final Payment Hydromentia Work Order 3.doc

139

Page2 Egret Marsh BCC Meeting- January 10, 2012- CONSENT December 14, 2011

ATTACHMENTS

1. Final invoice (Invoice #EM3-13) for Work Order No.3 (one copy)

DISTRIBUTION

1. 2. 3.

Christopher R. Mora, P.E., Public Works Director Budget County Attorney Office

APPROVED AGENDA ITEM Indian River County

FOR 1/10/2012 Administration

B Budget

Legal

..

Public Works

Stonnwater Engineering

A ... d

~ ( ~

lA A Y\

c.,-IJJI2tl

I

Date

I /S"H9-t1..{u}u ( 2. -~--1)

1;1.-IS- I I

/Z.-/4-2D I

140

--"' .#/.( '"""' ~

Invoice

Date Invoice#

HydroMentia, Inc. POBox367 Ocala, Fl34478 352-237-6145 Fax 352-237-0944 Hydromentio 12/8/2011 EM3-13

WATER TREATMENT TECHNOLOGIES

Bill To

Indian River County Stormwater Division Attn: Keith McCully, P.E. 1801 27th Street Vero Beach, FL 32960-0310

Description

Task #5 - Draft Final Report

WORK ORDER NUMBER 3 MONITORING AND REPORTING SERVICES FOR

EGRET MARSH STORMWATER PARK 319bGRANT

Amount

11,500.00 This invoice represents the final billing for Work Order Number 3 Egret Marsh Stormwater Park 319h Grant

Total $11,500.00

141

?!,/(;\ INDIAN RIVER COUNTY, FLORIDA

AGENDA ITEM Department of Public Works

Division of Facilities Management

CONSENT __ j ---

Date:

To:

Through:

Through:

From:

December 28, 2011

The Honorable Board of County Commissioners

Joseph A. Baird, County Administrator

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

Lynn Williams Facilities Manager/Project Manager

Subject: RFP 2012016 - IRC Jail Fire Alarm Replacement- Contract Award

BACKGROUND:

Hughes and Associates was contracted to provide design services for the replacement of the fire alarm at the Indian River County Jail, February 21, 2011.

Design documents and specifications were issued in the form of an RFP and a mandatory preproposal meeting was held on October 27, 2011. Proposals were received on November 16, 2011, with two firms providing proposals. The proposal providing a complete and acceptable package was submitted by Siemens Industry Inc. (Building Technologies Division) of Palm City, Florida. The proposal was submitted with two options related to display of alarm conditions display and smoke control, the recommended option (B) is for $356,979.00 and is the lesser amount. Unit prices for additional devices that may be required as by Fire Prevention during the replacement project are listed.

Hughes and Associates has reviewed the proposal and recommends that the contract be awarded to Siemens Industry, Inc.

FUNDING:

Funding for this project is available in Account No. 31522019-066510-10010, Optional Sales Tax/Facilities MainUJail Fire Alarm System. Funding for this project in the amount of $213,102 will be "rolled over" from FY 2010-11. The remaining balance needed of $143,877 will require a budget amendment from Optional Sales Tax/Cash Forward.

RECOMMENDATION:

Staff recommends that the Board approve the Proposal from Siemens Industries Inc and approve the attached agreement (blank). Staff further recommends that the Board approve the necessary budget amendment in the amount of $143,877 from Optional Sales Tax/Cash Forward.

ATTACHMENTS:

Proposal from Siemens Industry, Inc. Sample Agreement and Bond Forms

Approved Agenda Item

For: 1/10/12

Indian River Co.

Administration County Attorney Budget Department Risk Management

C:\Documents and Settings~williamsllocal Settings\Temporary Internet t:•lo ("ro.n+ + () 1fl n \ I T C I'! 1:'0 ') -1') 'IQ. A,.,.,.ffl ..... ~ t:iro A f..,.,...,... Dnn(...,,..,..."""'"""+ ..,I,.,.

~ved Date

!)'lr t/4/IZ

I 142

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we

--------------------------'as Principal (Contractor) (Insert name, principal business address, and telephone number of Principal/Contractor)

and

--------------------------~a corporation, as Surety, (Insert name, principal business, and telephone number of Surety)

are held and firmly bound unto the County of Indian River, Florida, 1800 27m Street, Vera Beach,

Florida 32960, (772-567-8000), in the sum of __________________ _

___ Dollars($ ), amounting to 100% of the total bid price. For the payment of said sum

we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful

performance of a certain written Contract, dated the. day of ____________ _

___ , 20_, entered into between the Principal and the County of Indian River, for:

Bond Number: _______________________ _

Project Name:------------------------

County Project Number:

Project Address:

A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein.

NOW, THEREFOR, THE CONDITIONS OF TillS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River and difference between the sum that the County of Indian River may be obliged to pay for the completion of

143

said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fee (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract.

AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be

'recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise.

AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings.

AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River.

IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals,

this _ day of , 20_, the name and corporate seal of each corporate party being

hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of

its governing body.

********************************************************************************* WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of:

Witness Signature of Individual

Address Printed Name of Individual

Witness

Address •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

144

WIIEN THE PRINCIPAL IS A SOLE PROPRIETORSIDP OR OPERATED UNDER A TRADE NAME: Signed, sealed and delivered in the presence of:

Witness Name of Partnership

BY: _________ _ Address Partner

Printed Name of Partner Witness

(SEAL) Address

********************************************************************************* WHEN THE PRINCIPAL IS A P ARTNERSIDP:

Signed, sealed and delivered in the presence of:

Witness Name of Partnership

BY: _________ _ Address Partner

Witness Printed Name of Partner

(SEAL) Address

*********************************************************************************

WHEN THE PRINCIPAL IS A CORPORATION:

Attest:

Secretary Name of Corporation

BY:. _________ __

(Affix Corporate SEAL)

Printed Name

Official Title

145

CERTIFICATE AS TO CORPORATE PRINCIPAL:

I _____________ , certify that I am the Secretary of the corporation named as

Principal in the within bond; that-----------------' who signed the said

bond on behalf of the Principal was then----------------- of said

corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly

signed, sealed and attested for and on behalf of Said corporation by authority of its governing body.

(SEAL) Secretary

TO BE EXECUTED BY CORPORATE SURETY:

Attest:

Secretary Corporate Surety

Business Address

BY: _________ _

STATE OF FLORIDA COUNTY OF INDIAN RIVER

(Affix Corporate SEAL)

Attorney-In-Fact

Name of Local Agency

Business Address

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ____ _

________ , to me well known, who being by me first duly sworn upon oath, says that he is

the attorney-in-fact for the-------------- and that he has been authorized by_

----------- to execute the foregoing bond on behalf of the CONTRACTOR named

therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this __ _

dayof ,20_.

Notary Public, State of Florida

My Commission Expires: ___________ _

END OF SECTION

146

AGREEMENT

THIS AGREEMENT made and entered into this ____ day of _______ _

___ , 20_, by and between-------------------

__ , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the

OWNER.

WITNESSED:That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below:

Article I. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # _____ _

CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for

the sum of ______________________ ($ ___ _

---'' all of the necessary labor, material, and equipment to perform the work described in

accordance with the Contract Documents.

Article 2. TIME OF COMPLETION

_____ Days from receipt of the Notice to Proceed.

Article 3. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications.

The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder.

Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein.

147

Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form.

Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion.

The fmal estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified.

In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract.

Article 6. THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein.

Article 7. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

(Contractor)

President

Witnessed by: _________ _

APPROVED Court


Sufficiency

BY -f& c County Attorney

(Owner)

Indian River County, Florida

Gary Wheeler, BCC Chairman

Approved by BCC _____ _

Attest: Jeffrey K. Barton, Clerk of Circuit

By: _________ _ Deputy Clerk

148

~N

DATE:

TO:

THROUGH:

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

January 3, 2012

Board of County Commissioners

CONSENT AGENDA

FROM: SUBJECT:

Joseph A. Baird, County Administrator ~ Jason Brown, Director, OMB

Jerry Davis, Purchasing Manager <J'il_ Declare Excess Equipment Surplu/?oi"§ale or Disposal

BACKGROUND: The attached list of equipment has been declared excess to the needs of Indian River County and should be disposed of in accordance with the provisions of the Florida State Statutes. The monies received from this sale will be returned to the appropriate accounts.

RECOMMENDATION: Staff recommends that the Board of County Commissioners declare these items surplus and authorize the sale and/or proper disposal. We also request authorization to have the excess equipment delivered to the Indian River County Fairgrounds to be sold at public auction at 10:00 A.M. on January 28, 2012.

The auction company, Karlin Daniel & Associates, Inc., was awarded RFP #201 0050 for auctioneering services by Indian River County. There is no cost to the county for this service as the auction company collects a buyer's premium from the buyers.

ATTACHMENTS: Excess equipment list

COPY TO: Diane Bernardo, Finance Director Raeanne Cone, Fixed Assets

Ill &tJI:L. '

F:\Purchasing\Surplus\FY!2\January 3, 2012 Surplus Agenda.doc

Indian River Co Admin Legal Budget Department Risk Manager

AP- Da /A.~£ I , rlr {'1 ·(j..

I){ I IlL ]1.1 1-1· rz.

J

149

....... c.n 0

Date In Surplused byBCC

1/3/11

Ill 0/11

2/22/11

2/22/11 2/22/11 2/22111 2/22111 2/22/11

2/22111

2/22111 2/22/11 2/22/11 2/22/11 2/22/11 2/22/11 2/22/11 2/22/11 2/22111 2122111 2/22111 2/22/11 2/22/11 2/22111 2/22111

2/22/11

2/22/11

2/22111 4/11/11 4/1 1111 4/11/11 4111111 4/11111 4/11111

Dept

Health Dept

Utilities

Utilities

Utilities Utilities Utilities Utilities Utilities

Utilities

Health Dept Health Dept Health Dent Health Dent Health Dept Health Deot Health Dept Health Dept Health Dept Health Dent Health Dept Traffic Eng Traffic Eng Traffic Eng EOC Property Appraiser Property Aovraiser Youth Guidance Utilities Utilities Utilities Utilities Utilities Utilities

Asset# Fleet#

23242

191410

23091

188020 23450 22372E 181200 NIA

N/A

N/A N!A 10304 .

10318 10320 13332 13336 N/A N/A NIA NIA 182270 194590 183160 192620

N/A

18453

21424 19434A N/A N/A 18870 N/A NIA -----------

Excess Equipment List Indian River County

Description Serial Number

Dell Optiplex 280 Computer FDXSKlil

Digital 9100 Dissolved Oxygen 113111

Analyzer Compu Register POS I 000 Cash

1000103701 Register Toshiba 2590CDT Laotoo 79864003A Dell GX620 System CS2407 Dell Latitude 610 Laptop CS2194/3J7P871 Gateway 2000 Solo Laptop CS1295 PCS Handheld Radio 1241989

CompoAdd 450 Color Scan Laptop Q04B-5C12723

Emerson VCR3000 163-21111295 Lexmark Forms Printer 2400 NIA Oakwood Blue Cloth Office Chair NIA Oakwood Blue Cloth Office Chair N!A Oakwood Blue Cloth Office Chair N/A Oakwood Blue Cloth Office Chair N/A Oakwood Blue Cloth Office Chair N/A Wooden Shelves N/A 37) Office Chairs N/A

Shredmaster 1236s Shredder CK01413 HON Wooden Desk NIA Computer NIA HP Deskiet 1220C SGOA3131F5 Pentium 200MMX Computer N/A 24 Port Netgear Switch FS54C06033727 Netgear 24 Port 101100/1000 Mbps

GST7246DA001391 Smart Switch

Compaq Presario Laptop IV88BY67AFNJ

Toshiba E-160 Digital Copier Toshicbi223244 Acer 900 MHZ Comouter CSI530 Sonv Monitor 7125435 Y aruaha Computer 20512051JK Acer 350 MHZ Computer CS1160 HP Laser Jet Printer U5BBI29836 3M 9100 Overhead Proiector N/A

Pagelof15

Printed: 1/4/2012

Working Storage Pick-up Date

Condition Location

No Ixora

Warehouse

Yes

No B 10-Mar

No B 10-Mar No B 10-Mar No B 10-Mar No B 10-Mar No B 10-Mar

No B 10-Mar

No No Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar Yes A 10-Mar No A 10-Mar Yes A 10-Mar No A 10-Mar

Yes A 10-Mar

No A 10-Mar

Yes B 19-Aor No c 19-May Yes c 19-May No c 19-Mav No c 19-May No c 19-May Yes c 19-May

Date In Surplused

Dept Asset# Fleet# byBCC

4/11111 Utilities 21846 4/11/11 Utilities N/A

4/11111 Utilities 201110

4111111 Utilities N/A 4111111 Utilities N/A 4111111 Golf Course 186340 4/11111 EOC 21604 715 4/11/11 EOC 18822 750 4/11111 Main Library 8980 0 4/11111 Public Works N/A 4/11111 Public Works N/A 4/11/11 Road & Bridge 199290 4/11111 Road & Bridge 185500 162 4/11111 Facilities 21092 4/11111 Courthouse 184510 4/11111 Health Dent 23248 4/11111 Health Dept 23279 4/11111 Health Dee! 23263 4/11/11 Health Dept 23249 4/11111 Health Dept 21393 4111111 Health Dept 23231 4/11/11 Health DOjJt 21392 4/11111 Health Dept 23225 4/11111 Health Dept 23276 4/11111 Health Dept 23271 4/11111 Health Dept 13266 4/11111 Health Dept 5163 4/11111 Health Dept N/A 4/11111 Health Dept N/A 4/11111 Health Dept N/A 4/11111 Health D_m N/A 4/11/11 Health Dept N/A 4/11111 Health Dent N/A 4/11111 Health Dept N/A 4/11/11 Health Dent N/A 4/11111 Health Dent NIA 4/11111 Health Dent N/A 4/14/11 EOC 24535

-CJ'I -



Dell Latitude D600 Laptop CS#2058 5) Kevboards N/A

Pitney Bowes Folding & Insert NIA

Machine 2) Receipt V alidators N/A 4) Computer Monitors N/A

Club Car Carrvall Turf II RG9911751839 FordE 350 Ambulance 1FDXE45F23HB18783 Ford E450 Ambulance 1FDXE40F8XHB30286 Bell & Howell 16MM Projector N/A Nextel Phone N/A Sonv Ericsson Cell Phone N/A Mita 2310 Digital Copier 37030186 Toro Self Propelled Mower 8909163 Mita 1530 Copier 37025521 Canon MS400 Microfilm Scanner AB301417 Dell Optiplex GX280 Computer 98NK661 Dell Optiplex GX280 Computer 16VTL71 Dell Ovtivlex GX280 Cornvuter 74VTL71 Dell Optiplex GX280 Computer D8NK661 Dell Optiplex GX280 Computer CGIZV21 Dell Optiplex GX280 Coiil!'Uter CKH2251 Dell Qptiplex GX280 Computer DBY5Lll Dell Optiplex GX280 Computer 1KH2251 Dell Optiplex GX280 Computer F5VTL71 Dell Optiplex GX280 Computer 15VTL7l Wooden Desk N/A Heat Generator for Lab N/A 3) Dymo Label Writers N/A

Olympus Digital Camera 43587528 Samsung Monitor HIAG605860 2) Dell Monitors MX-032DVX-47605-25R-BOGO

Dell Monitor 1780R-DDH9Y-79 2) UPS Ultimate Power Sources N/A 3) Wood Grain Folding Tables N/A

2 Drawer Filing Cabinet N/A 3) Dell OpJil'lex Computers N/A 2) Wooden Desks N/A

Canon Imagerunner 1023 CoPier 2l)TJR19321

Page 2 of 15

Printed: 114/2012

Working Storage Pick~up Date

Condition Location

No B 10-Mar Yes c 10-Mar

No c 19-May

No c 19-May Yes c 19-May No Yes Fleet Yes Fleet No c 17-May Yes Yes c 26-Mav No c 26-Mav No c 26-May Yes c 19-May No No c 17-May Yes c 17-May No c 17-Mav No c 17-May Yes c 17-May Yes c 17-Mav Yes c 17-May Yes c 17-May Yes c 17-May Yes c 17-Mav Yes c 17-May Yes c 17-May Yes c 17-May No c 17-Mav Yes c 17-May Yes c 17-May Yes c 17-May No c 17-Mav No Yes Yes c 17-May Yes No c 17-Mav

....... c.TI N

Date In

4/14111 4/14/11 5/13/11

5113111

5/13/ll 5/13/11 5/13/ll 5/13/11 5/13/11 5/13/11

5113111

5/13/11 5113/11 5/13/11 5/13/11

5/13/ll

5/13/11

5/13/11

5/24/ll 5/25/11

5/25/11

7/27/ll 8/8/11 8/8/11 8/8111 8/8/11 8/8/11 8/8/11 8/8/ll 8/8/11

8/8/11

8/8/11 8/8/11

Surplused byBCC

.Dept

EOC Utilities Main Library Corrununity Development Golf Course Golf Course EOC EOC Utilities Utilities

Clerk

Road & Bridge Road & Bridge Road & Bridge Road & Bridge

Road & Bridge

Health Dept

Health Dept

Engineering Fleet

Engineering

Health Deot Traffic Oos Traffic Ops Traffic Ops Traffic Ops Traffic Ops Traffic Ops Traffic Ops Health Dept

Veterans Services

Budget Office Utilities

Asset# Fleet#

188980 N/A 21478

185070 288

189690 189700 191280 191290 N/A 20917

70060

18883 189900 660 162540 131 1625410 131A

14081A 434

N/A

N/A

183370 323620

193140 90

133720 119760 1009410 161060 157590 181260 21800 191790

19073

22369 194110



Toshiba 2590 CDT Laptop 99054671A Eoson Receipt Validator JAX000l324 HP LaserJet 4600DN Color Printer N/A

1999 Ford Ranger Truck 1FTYROIOVXXVB43762

T23 Refrigerator N/A T35F Freezer N/A Sony Digital Camera N/A Sony Digital Camera N/A 2) Monitors N/A

Dell GX260 Computer CS1850 1984 Baird Audio Recording

20080 Svstern HP Laser Jet 5000N Printer CS1328 1999 Dodge 3500 Van 2B6LB31Z3)U(579066 1996 Ford F800 Asohalt Patcher 1FCYFBOC9TV A620 I Asphalt Pothole Patcher 0328CCW 1992 Vac-Con V312t Sewer Clean

1FDYR82AXNV A02760 Truck Folding Stand/Table N/A

(21) Various Types of Office Chairs N/A

1998 Jeep Cherokee 1J4FT28S7VVL171087 Towmotor Forklift 56560680 200 I Dodge Dakota Extended Cab

lB7GL22XllS351503 P/U Paper Shredder N/A NCMT 500 Conflict Monitor N/A Ventura Crane 20629 Abrasive Blast Cabinet BD005438 Kelly Creswell Striping Machine 1024 Linelazer 3500 N/A V enturo Truck Crane N/A Message Sign Board N/A Intimus Paper Shredder CN544

Canon Copier NPR01784

HP Laser Jet 4250 Printer N/A Wacker 2" Pump _ ___ 5163749

Page3 of15

Printed: 114/2012


Condition Location No c 19-May No c 19-Mav No

Yes Fleet

No No Yes Yes Yes No

No

Yes D 26-Mav Yes Fleet 26-May Yes Yes Fleet

No Fleet

Yes

Yes A 19-May

Yes Fleet No Fleet

Yes Fleet

Yes c 8-Aug No 8-Aug No Fleet No Fleet No Fleet No Fleet No Fleet No Fleet Yes D 26-Seo

No D 26-Sep

No No D 20-0ct


Dept

Utilities

Utilit ~

Utilities Utilities Utilities Utilities

19/12/11 ]Gifford Aquatic Center

9/12/11 9/12/11 9/12/11 9/12/11 9/12/11 Utilities 9/12/11 Utilities 9/12/11 EOC 9/12/11 EOC 9/12/11 EOC 9/12/11 EOC

t

9112111 Clerk to the Board

9/20/11 uy l"UJ.

19/20/11 "Y r of

9/20/11

/9120/11

19/20/11

....... CJ'I w

"Y rof

uy of

"Y r of

Asset#

llilL ]23o92

>A

199730

N/A 161640

3020

121938

187390

1187410

1187430

1187440

187370

Fleet#

1565


Description

fP 1020 Fax

cPOS 1000 rPOS 1000 rPOS 1000

)ell GX280 • DeliGX260 r Gateway Co11 p GE Marc V Mobile Radio Desk

I Ultra Max Pool Cleaner

Desk

>Crane Hach EC310 • Hach DR2000 : Dell Optiplex G){270 SonvC Lifeoak500

E~=-7--~-

!Dell Pill 450 Computer

!Dell Pill 450 Computer

!Dell PJII 450 Computer

!Den Pill 450 Computer

I Dell Pill 450 Computer

Page4ofl5

Serial Number

1000102222 1000103758 1000103~

152141911 DOII2055(

IN/A

19 lEIBA099Q "8PG61

CS1911

~ INiA IN/A

N/A N/A NIA IN/A

cs 2016 1491827

IGNCSJ:

10959535

IUK.~YP

OK8XR

OK8XT

I UK.~ Yo

OK8Y9

Working Condition

~ ill<>_ No

\lo

~\lo

0

es

!No

~ 0

0

No

~ s

es

!Yes

!Yes

!Yes

!Yes

!Yes

Printed: 114/2012

Storage Location

D D D D D D D D D D D D

_Q_ D D D D

Fleet

c

c

c

c

c

Pick-up Date

20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 20-0ct 27-Sep

27-Sep

27-Sep 27-Sep 27-Sep

23-0ct

23-0ct

23-0ct

23-0ct

23-0ct

........ U'l ~

---------

Date In

9/20111

9/20111 10/12/11 10/12/11 10/12111 10/12/11 10/12/11 10/12/11 10/!2/11 10112/11 10112!11 10/12/11 10112/11 10/12/11 10/12/11 10112/11 10112/11 10112/11 10112/11 10/12/11 10/12/11 I 0/12/11 I 0/12/11 10/12!11 10112/11 10/31111 10/31/11

10/31111

10/31111

10/31111

10/31111

10/31111

Surplused Dept

byBCC

Supervisor of Elections Fire Rescue Health Dept Health Dept Health Dept Health Dept Health Dept Health Dept Health Dept Health Dept EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC EOC Health Dept Health Dept

EOC

EOC

EOC

EOC

EOC

Asset# Fleet#

186000

163330 NIA 23850 23291 23214 NIA NIA NIA NIA 24205 24208 24207 23959 23348 23349 23350 23351 24212 24210 21128 24204 23960 21816 210330 619 25649 19531

NIA

NIA

N!A

N!A

NIA ---



HP 4000 TN LaserJet Printer HEWLEUSNC181304

Fire Rescue Full Face Dive Mask NIA Enson Svlus Photo RX600 Printer FHAY052811 Dell Latitude D420 Laptop 9X9N3Cl Norte! Baystack 470-48T Switch SACC10102H Norte! Baystack 470-48T Switch SACCI0102H Norte! Bavstack 470-48T Switch SACCIGODDO HP Laser Jet P2015 Printer CNBIS28315 HP Color Laser Jet 2500 Printer CNGHC01924 Dell Poweredge 2300 Server OXY60 Cannolmlnhy 702085 Cannoll!'anhv 712419 Capnography 640185 JL-150 0 Cutter N!A Tychern Reflector Haz Mat Suit NIA Tvchern Reflector Haz Mat Suit NIA Tvchem Reflector Haz Mat Suit NIA Tychern Reflector Haz Mat Suit NIA Cannographv Machine 640184 Capnographv Machine 712424 Dell 2600 Server CS1899 Capnography Machine 712421 0 Cutter 23960 Delllnsnirion 5100 Laptop JNKM741 Mercury Sable Stationwagon IMEFM59S32A632230 AfT 2000 XR Xray Processor NIA Phannacy Refrigerator NIA Motorola Bag Phone Bellsouth

GZ546413-263 Mobility Motorola Bag Phone Bellsouth

GZ546405-263 Mobility Motorola Bag Phone Bellsouth

HD241042-303 Mobility Motorola Bag Phone Bellsouth

HD241038-303 Mobility Motorola Bag Phone Bellsouth

NG112948-336 Mobility

Page 5 of 15

Printed: 1/4/2012


Condition Location

No c 23-0ct

No No Yes B 3-Nov Yes B 3-Nov Yes B 3-Nov Yes B 3-Nov No B 3-Nov No B 3-Nov Yes B 3-Nov Yes Yes Yes Yes No No No No Yes Yes No Yes No No Yes Yes No

No

No

No

No

No

-c.J1 c.J1

Date In

10/31/J I

10/31/JI

10/31111

10/31111 12/28/11 12/28/11 12/28/il 12/28/11 12/28/J I

12/28/11

12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11

12/28/11

12/28/11

12/28/J I

12/28111

12/28/J I 12/28/J I 12/28/11

12/28/11

!2/28/J I

Surplused byBCC

Dept

EOC

EOC

EOC

Engineering Health Dept Parks Parks Parks Parks

Parks

Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks

Parks

Parks

Parks

N. County Librarv Engineering Golf Course BCC Office

Road & Bridge

Utilities

Asset# Fleet#

N/A

N/A

NIA

199680 358 N/A N/A N/A N/A 210340

21680

195460 N/A N/A N/A 7542 275 156950 N/A N/A N/A NIA

NIA

N/A

NIA

NIA

21824 20123 N/A

15097 44

NIA



Motorola Bag Phone Bellsouth HD240934-303

Mobilitv Motorola Bag Phone Bellsouth

Hl514665-353 Mobility

General Electric Hotline Car Phone 146-00465897

2001 GMC Sonoma Extended Cab I GTCS l9W218235412 Panasonic 1.3 Digital Palm Cam F98A10716 Ericsson LPE 200 Radio 09259808 (LID 173 8) Ericsson LPE 200 Radio 09269806 (LID 1737) Ericsson LPE 200 Radio 09289803 (LID 1736) Ericsson LPE 200 Radio 09794000 (LID 1734)

Kawasaki Mule 2500 Utility Vehicle Kawaskaf 620C

Ericsson LPE 200 Radio 0009ZWV (LID 1730) Miscellaneous Chairs (42) N!A 4) RCA 4 Line Telephones N/A

Air Compressor N/A 1985 Trailer NIA Baseball Field Groomer N/A 6) Interior Doors N/A

Whirlpool Flat Top Stove N/A Whirlpool4-Bumer Stove N/A 5) Kitchen Cabinets N/A

Misc. Office Furniture N/A

Desk/Bookcase) Misc. Office Furniture (Desk

N!A Cnbicle)

Zenith Z-1 00 Computer w/Monitor N/A

(3) PC Case w/Components MX24000744

Dell GX270 Computer N!A Toro Reelmaster 6500-D Mower 210000171 Octave DVD Copy Master DUP802050 1994 Champion Grader, Model 710A

710Al57180123983

Mettler Toledo Truck Scales Model 0045498-6FH

#IND310

Page 6 of 15

Printed: 114/2012


Condition Location

No

No

No

No Yes No Yes Yes Yes

Yes

No Yes Yes No Yes Yes Yes No No Yes

Yes

Yes

Yes

Yes

No No No

Yes

Yes 3550 49th ST, Vero Beach ---- -

__.. CJ'1 C')


12/28/11 12/28/11 12/28/11 12/2811 I 12/2811 I 12/2811 I 12/28/11 12/28/11 12/28/11 12/2811 I 12/2811 I 12/28/11 12/28/11 12/2811 I 12/28/11 12/28/11 12/28/11 12/2811 I 12/2811 I

1212811 I

12/28/11

12/28/11

1212811 I

12/28/11

12128/11

12/28/11

12128/11

12/28/11

12/28/11

Dept Asset# Fleet#

Tax Collector 190340 Tax Collector 190350 Tax Collector 190360 Tax Collector 190380 Tax Collector 190390 Tax Collector 190400 Tax Collector 190410 Tax Collector 190420 Tax Collector 190430 Tax Collector 190440 Tax Collector 190450 Tax Collector 190460 Tax Collector 190470 Tax Collector 190480 Tax Collector 190490 Tax Collector 190500 Tax Collector 190510 Utilities 21862 Utilities N/A Computer

23336 Services Parks N/A

Health Dept 19531

Health Dept 23273

Hea1thDept 23599

Health Dept 23615

Health Dept 24056

Health Dept 24059

Health Dept 24065

Hea1thDept 24074


Description

LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A LS 4804-BOOA Bar Code Scanner N/A Dell GX270 ColllQ_uter N/A

Serial Number

CompuRegister POS I 000 1000102220

Dell Optiplex 170L 9CSSC91

Miscellaneous Wheels and Tires N/A

VACCINE FRIDGE -

OPTIPLEX GX280 45VTL72

OPTIPLEX GX520 1NHM3B2

OPTIPLEX GX520 6RHM3B2

OPTIPLEX GX620 3T3QGC2

OPTIPLEX GX620 4Y3QGC2

OPTIPLEX GX620 8J3QGC2

OPTIPLEX GX620 DX3QGC2

Page 7 of 15

Printed: 1/4/2012


Condition Location

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No

No

Yes Nursing supply

No rm- Back loading dock

Yes 2nd Floor-

Col!!mlterLab

Yes 2nd Floor-

Computer Lab

Yes 2nd Floor-

ColllQ_uter Lab

Yes 2nd Floor-

Computer Lab

Yes 2nd Floor-

Computer Lab

Yes 2nd Floor-

ColllQ_uter Lab

Yes 2nd Floor-

ColllQ_uter Lab

-01 -J

Date In

12/28/11

12/28111

12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28111

12/28111

12/28111

12/28/ll

12/28/11

12/28/ll

12/28111

12/28/ll

12/28/ll

Surplused Dept

byBCC

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Hea1thDept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Asset# Fleet#

24076

23272

23588

23589

23600

23604

23606

23610

23612

23613

24069

NIA

N!A

N!A

23915

23262

23269

23591

23616


Description

OPTIPLEX GX620

OPTIPLEX GX280

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX520

OPTIPLEX GX620

BLUE F ABRICW /WHITE DOT



8500 LAPTOP

OPTIPLEX GX280

OPTIPLEX GX280

OPTIPLEX GX520

OPTIPLEX GX520

Page 8 of15

Printed: 1/4/2012

Serial Number Working Storage

Pick-up Date Condition Location

Yes 2nd Floor-FK3QGC2 Computer Lab

Yes 2nd Floor-35VTL72 Computer Lab

Yes 2nd Floor-8UlM3B2 Computer Lab

Yes 2nd Floor-BLHM3B2 Comnuter Lsb

Yes 2nd Floor-

2NHM3B2 Computer Lsb

Yes 2nd Floor-IPHM3B2 Comouter Lsb

Yes 2nd Floor-7PHM3B2 Computer Lsb

Yes 2nd Floor-5QHM3B2 Comnuter Lsb

Yes 2nd Floor-CQHM3B2 Comouter Lsb

Yes 2nd Floor-

FQHM3B2 Comnuter Lsb

Yes 2nd Floor-BP3QGC2 Computer Lsb

Yes Front stairwell-Near Elevator



21L6P22 Yes 2nd Floor-

Computer Lsb

Yes 2nd Floor-

64VTL72 Comnuter Lsb

Yes 2nd Floor-

H4VTL72 Comnuter Lab

Yes 2nd Floor-

JLHM3B2 Computer Lab

Yes 2nd Floor-

8RHM3B2 Computer Lsb

....... 01 00

Date In

12/28/11

12/28111

12/28/11

12/28/11

12/28/11

12/28/11

12/28111

12/28/11

12/28111

12/28111

12/28111

12/28111

12/28/11

12/28/11

12/28111

12/28111

12/28111

12/28/11

12/28/11 12/28/11

Surplused Dept

byBCC

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Health Dept

Tax Collector Tax Collector

Asset# Fleet#

23623

24052

24058

24062

24063

24064

24072

24075

24077

24078

24079

23293

24159

N/A

N/A

N/A

24070

N/A

N/A N/A


Description

OPTIPLEX GX520

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

OPTIPLEX GX620

DESKJET 940C

INSPIRON 700M

8500 LAPTOP

1210 ALL IN ONE PRINTER

HP DESKJET 882C

P ANASONIC 1.3 PALM CAM

OPTIPLEX GX620

HP DESKJET 3820

Epson Model TM-U295 EpsonModel TM-U295

Page 9 of 15

Printed: 114/2012


Pick"up Date Condition Location

Yes 2nd Floor-

FSHM2B2 Comouter Lab

Yes 2nd Floor-

IL3QGC2 Computer Lab

Yes 2nd Floor-

4V3QGC2 Comouter Lab

Yes 2nd Floor-

6K3QGC2 Comouter Lab

Yes 2nd Floor-

6N3QGC2 Computer Lab

Yes 2nd Floor-

8H30GC2 Comouter Lab

Yes 2nd Floor-

CQ3QGC2 Computer Lab

Yes 2nd Floor-

FH4QGC2 Comouter Lab

Yes 2nd Floor-

GH3QGC2 Comouter Lab

Yes 2nd Floor-

GZ3QGC2 Comouter Lab

Yes 2nd Floor-

MX16F6F090 Computer Lab

6VG1D82 Yes 2nd Floor-

Comouter Lab

Yes 2nd Floor-

91L6P22 Computer Lab

Yes 2nd Floor-

MY3AGF62CC Comouter Lab

Yes 2nd Floor-

MY93819125 Computer Lab

Yes 2nd Floor-

F98A10717 Computer Lab

BS3QGC2 Yes 2nd Floor-

Comouter Lab

Yes 2nd Floor-

.CNZAF1R6WS Comnuter Lab J9KG006600 Yes J9KG006601 Yes

-C.J'1 c.o


12/2811 [ 12/28/11 12/28/11 12/28/11 12/28111 12/28/11 12/28/11 12/28/11

12/28111 12/28/11 12/28/11 12/28111 12/28111 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11 12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

Dept Asset# Fleet#

Tax Collector NIA Tax Collector NIA Tax Collector NIA Tax Collector NIA Tax Collector NIA Tax Collector NIA Tax Collector N/A Tax Collector N/A Tax Collector N/A Tax Collector N/A Tax Collector NIA Tax Collector N/A Tax Collector N/A Tax Collector N/A Tax Collector N!A Tax Collector N!A Tax Collector NIA Tax Collector NIA Tax Collector N!A Tax Collector NIA Tax Collector N!A Tax Collector NIA Tax Collector N/A Tax Collector NIA

Tax Collector N!A

Tax Collector N/A

Tax Collector N/A

Tax Collector NIA - ------ --



EpsonModel TM-U295 J9KG006602 Epson Model TM-U295 J9KG006603 Epson Model TM-U295 J9KG006606 EpsonModel TM-U295 J9KG006607 EpsonModel TM-U295 J9KG006608 EpsonModel TM-U295 J9KG006609 Epson Model TM-U295 J9KG006610 Epson Model TM -U29 5 J9KG006611 EpsonModel TM-U295 J9KG006612 EpsonModel TM-U295 J9KG006613 Epson Model TM-U295 J9KG006614 Epson Model TM-U295 J9KG006616 EpsonModel TM-U295 J9KG006617 Epson Model TM-U295 J9KG006620 Epson Model TM-U295 J9KG006622 Epson Model TM-U295 J9KG006623 Epson Model TM-U295 J9KG006624 Epson Model TM-U295 J9KG006625 Epson Model TM-U295 J9KG006626 Epson Model TM-U295 J9KG006627 Epson Model TM-U295 J9KG006628 Epson Model TM-U295 J9KG006629 Epson Model TM-U295 J9KG006630 Epson Model TM-U295 J9KG006645

Dell Monitor 15" Model!504FP MXOU30014760545HAZ7A

Dell Monitor 15" Model1504FP MXOU30014760545HAZ7P

Dell Monitor 15" Mode1!504FP MXOU30014760545HAY2A

Dell Monitor 15" Mode11504FP CNOU47957!61857FGAR8 -----

Page 10 of15

Printed: 1/4/2012


Condition Location

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Yes

Yes

Yes

Yes

....... 0')

0

Date In

12/28/11

12/28/11

12/281! I

12/28/11

12!28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28/11 12/28/11 12/28/11

12/28/Il

12!28/IJ 12/28/11

12/28/11

12/28/11 12/28/!1

12/2811 I 12/28/11 12/28/11

12/28/11

Surplused Dept

byBCC

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector


Tax Collector



Tax Collector Tax Collector Tax Collector Tax Collector

Tax Collector

.. - --------

Asset# Fleet#

N!A

N/A

N/A

NIA

N!A

NIA

NIA

NIA

N!A

NIA N/A NIA

NIA

N!A NIA NIA NIA

20139 21702

NIA NIA

N!A



Dell Monitor 15" Modell504FP CNOU4795716!857FGAR3

Dell Monitor 15" Modell504FP CNOU47957161857FGAHM

Dell Monitor 15" Modell504FP MXOU30014760541CA3SU

Dell Monitor 15" Model1504FP MXOU30014760545HAZ7B

Dell Monitor 15" Modell504FP MXOU300 14760548GA58V

Dell Monitor 15" Model1504FP MXOU300 147603456ADZG

Dell Monitor 15" Modell504FP MXOU300 14760545HAZ7M

Dell Monitor 15" Modell504FP CNOU479S716185AIGFPS

Dell Monitor 15" Model 1505FP CNOU47957161857FGAKL

Envision Monitor 15" 12254HA008370 Ikegarni 14" Security Monitor 10400139

Panisonic Security Monitor AHUOI!02

SuperCircuit Security Monitor 0712007529

1911

SuperCircuit Security Monitor 802008790

17" Monitor CNOPM37272872779160I 17" Monitor CNOPM3727287275M04Nl 17" Monitor CNOPM3727287275M39Kl

Lexmark Optra T610N Printer 41-Y0494 Lexmark Optra T630 Printer 9915TLB

Delll700 721WGH6 HP LaserJet I 022n VNB3M05033

Brother Printer Copier Scallller Fax

U60073K4Jl24497

Pagellofl5

Printed: 1/4/2012

Working Storage Condition Location

Pick-up Date

Yes

Yes

Yes

Yes

Yes

Yes

No

No

Yes

Yes Yes

Yes

Yes

Yes

No No

No Yes Yes Yes Yes

• .

Yes

Date In Surplused

Dept byBCC

12/28/11 Tax Collector 12/28/11 Tax Collector 12/28111 Tax Collector 12/28111 Tax Collector 12/28/11 Attorney

12/28/11 Health Dept








12/28111 Health Dept




12/28/11 Utilities

12/28/11 Utilities

....... 0") .......

Asset# Fleet#

N/A N/A N/A N/A

195810

23288

23596

23597

23601

23614

23621

23624

24060

24071

24073

24081

N/A

11069

113800 36A


Description

TV - Phillips Magnavox (17) Dell OptiPlex GX270 (3) Dell OptiPlex GX280

(22) Dell OptiPlex GX270 Mita 3010 Copier

Dell Optiplex GX520 Computer












30KW Portable Generator

30KW Portable Generator

Page 12 of 15

Printed: 1/4/2012


Pick-up Date Condition Location

13950141 Yes N/A No N/A No N/A No

13791H Yes

FSGOS81 Yes

9MHM3Bl Yes

FMHM3Bl Yes

7NHM3Bl Yes

2RHM3Bl Yes

9SHM3Bl Yes

5THM3Bl Yes

504QGC1 Yes

CM3QGCI Yes

CY3QGC1 Yes

JY3QGCI Yes

DH1ZV21 Yes

TAW 30KW Portable No

Generator on Trailer TAW 30KW Portable

No Generator on Trailer

---

...... en N

Date In

12/28111

12/28111

12/28111

12/28/11

12/28111

12/28/11

12/28/11

12/28/11

12/28111

12/28111 12/28111 12/28111 12/28111 12/28111

12/28/11

12/28/11

12/28/11

12/28111 12/28/11 12/28/11

12/28111 12/28/11

12/28111 12/28111 12/28/11

12/28111

~-

Surplused byBCC

---

Dept

Utilities

General Services

Health Dept

Fire Rescue

Fire Rescue

Fire Rescue Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue Fire Rescue Fire Rescue Fire Rescue Fire Rescue Fire Rescue Fire Rescue

Fire Rescue

Fire Rescue Fire Rescue Fire Rescue



Fire Rescue

Asset# Fleet#

NIA

22609

23295

12504

15631

16347

16348

17516

18131

18920 19456 21816

21840 21932

24211 N/A

N/A

N/A N/A

N/A N/A

N/A 18607 10250 None

15266 - -


Description

Detroit Diesell25KW Generator

Dell D61 0 Laptop Computer

Certance CLI 003 External Tape Drive

Vapor Suit Inflation Kit

BP Machine-Model 9000C Armada 1120T Laptop

Armada 1120T Laptop

Toshiba Satellite Pro 430 Laptop

Compaq Armada 4210T Laptop

Vapor Suit Testing Kit Gateway Solo 1150 Laptop Dell Inspiron 5100 Laptop

Dell D600 Laptop Battery Charger

Capnography Machine

(3) Nikon Cameras

(2) Axis Bullard Thermal Imagers

Gas Detector Blower Model SVB-G8

Challenge Repair Kit Fan Model #730G4H

(2) MSA Calibration Kits Uniden Videocipher

Realistic VCR Magellan GPS Nav 5000DX DataCard RGB Flash-Sync

Camera --- -~

Page 13 of 15

Printed: 114/2012

Serial Number Working Storage Condition Location

Pick-up Date

N/A Yes

N/A No

JKOOW76 Yes

678 No NIA No N/A No N/A No

05722368-3 No

N/A No

NIA No IE+09 No

JNKM741 No HLIKT41 No

BC3506QP-5 No 750C-3MS No

N/A Yes

4E+08 No

N/A No G8-5629 No

N/A No 4840 Yes

N/A No 84005080 Yes

H22714273 Yes

IC001553 Yes

011146 Yes

....... en w

Date In

12/28/11

12/28/11

12/28/11 12/28/11

12/28/11

12/28111

12/28/11

12/28/11 12/28/11

12/28/11 12128/11

12/28/11

12/28/11

12128/11

12/28/11 12128/11 12/28/11

12/28/11

12/28/11

12/28/11

12/28/11

12/28111

12/28/11

12/28/11

Surplused Dept

byBCC


Fire Rescue


Fire Rescue

Fire Rescue



Fire Rescue

Fire Rescue Fire Rescue Fire Rescue Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue

Fire Rescue

Asset# Fleet#

N/A 10732

N/A N/A

N/A

N/A

N/A

14066 13973

13960 N/A

N/A

N/A

N/A 14000 None

None

14924

19196

N/A

N/A

16607

N/A

N/A


Description

Zoes Notebook 386

Dukane Overhead Projector Dukane Overhead Projector

3M 2770 Overhead Projector

3M 2770 Overhead Projector

InFocus Systems Pane1book 550e LS

AMX Wireless Projector Control MX40A

OKI 700 Cell Phone P1ectron FM Radio Receiver

P1ectron FM Radio Receiver Deosimeter

Pen tax 90-WR Camera

Epson PhotoPC Camera PCDC001

RCA VCR Cradle

Nokia Digita!Plus Cell Phone

NEC TalkTiroe Cell Phone

Minolta Freedom Zoom 105EX Camera

Panasonic Digital A V Mixer WJ MX50A

Sony MDS-JE630 "minidisc deck"

Sony video cassette recorder SLV-AXIO

Extro Super Emotia

Sony VHS Recorder SV0-1430

Panasonic DVD Recorder DMR-E95H

Page 14 ofl5

Printed: 114/2012

Serial Number Working Storage Pick-up Date

Condition Location

341299 Yes 1504266 Yes 1859831 Yes 756752 . Yes

756759 Yes

9AU0002 Yes

056719 Yes

1 06BB0625108 Yes R900-R1-2402 Yes

R900-R1-2410 Yes 5588 Yes

3613403 Yes

7LB1014678 Yes

618591936 Yes

N/A Yes

N/A Yes

N/A Yes

19328659 Yes

02A00199 Yes

800279 Yes

0141736 Yes

315341 Yes

0026225 Yes

KV4EA006676 Yes ... ·---

__. 0')

~

Date In

12/28!11

12/28/11

12/28/11

12/28/!1

12/28/!1

12/28/11

12/28/11 12/28/11

12/28/11

12/28/!1

12/28/11

12/28/11

12/281! I

12/28/11

12/28/11

-·----

Surplused Dept Asset#

byBCC

Fire Rescue N!A

Fire Rescue N/A

Fire Rescue N/A

Fire Rescue N/A

Fire Rescue N/A

Fire Rescue 16381

Fire Rescue N/A Fire Rescue N/A

' Fire Rescue N/A

Fire Rescue 19197

Fire Rescue 19198

Fire Rescue 22342

Fire Rescue 22343

Fire Rescue 21941

Fire Rescue N/A

Fleet#


Description

Panasonic DVD Recorder DMR-E95H

RadioShack 5-way AIV Selector

ESE ES-1 02V GPS Master Clock

AudioArts Model 8400 Distribution Amp

Sony SLY -AXIO VHS Recorder

Kramer SV -6E 4x4 Matrix Suntcher

SHURE M367 Audio Mixer Burst Electronics Video 11 DA"

Burst Electronics VS4xl Video Switch

Panasonic Color Video Monitor 1999

Panasonic Color Video Monitor 1999

Link Electronics PDR-885 VDI Caption Data Processor

Link Electronics PDR-885 VDI Caption Data Processor

VideoTek Oscilliscope TVM675

Boeckeler CS-640 Pointrnaker

Page 15 of 15

Printed: 114/2012

Serial Number Working Storage Condition Location

Pick~up Date

KV4EA006576 Yes

29067414 Yes

116369 Yes

050761380 Yes

0141701 Yes

496625 Yes i

01935310 Yes •

VA3606&VA14149 Yes

V42311 Yes

SW9510248 Yes

SK9660092 Yes

SN707 Yes

SN707 Yes

040400534 Yes

SN 14298 Yes - -- -

CONSENT

INDIAN RIVER COUNTY, FLORIDA ------------------ME._M~O~~~D~UM--________________ 30 TO: Joseph A. Baird, County Administrator

THROUGH:

FROM:

SUBJECT:

Christopher R. Mora, P.E., Public Works Director Ctn, Christopher J. Kafer, Jr., P.E., County Engine~ Vera Beach Sports Village Quadrangle Softba~lds Work Order No. I to Design/Build Part I Agreement, Part 2 Agreement and Amendment No. I to Agreement RFP No. 2011035 -IRC Project No. 1105


DESCRIPTION AND CONDITIONS

On June 7, 2011, the Board of County Commissioners approved the selection ofBill Bryant & Associates, Inc. for the Design/Build ofVero Beach Sports Village Quadrangle Softball Fields and authorized a Design/Build contract with Bill Bryant & Associates, Inc. for the not-to-exceed amount of$2,492,000.00.

The Design/Build Part I Agreement was issued on August 15, 2011 for the design and permitting portion of the project

Work Order No.I was issued on September 12, 2011 to avoid construction delays and authorize construction items as shown in attached Work Order No. I.

All permits have been obtained and the scope of services has been reduced to provide for all work to be within the approved $2,492,000.00 budget.

The Design/Build Part 2 Agreement is submitted for approval to proceed with the remainder of the construction of the project.

Amendment No. I to the Agreement is submitted for approval to allow for direct purchase of materials in order to achieve sales tax savings.

Significant items that were added, reduced or modified to achieve the proposed scope of services include:

A. Selected lower cost scoreboards (-) $33,525.00 B. Site work and field construction (-) $111,105.00 C. Direct purchase of materials (-) $37,000.00± D. Concrete removal (from old Navy sewage treatment plant) (+) $15,225.00 E. Add fire hydrants and approximately 500LF - 8" water main

(unforeseen work) (+) $57,308.00 F. Unforeseen additional drainage provisions (per SJRWMD) (+) $22,780.00 G. Additional landscaping (per City ofVero Beach) (+) $41,928.00 H. Elimination of contingency item (-) $16,500.00

Combined, these changes will not result in a change to the overall cost of the project. Direct purchases of some materials will result in a sales tax savings of approximately $3 7,000 and a reduction of $-$600,000 in the contract with Bill Bryant & Associates, Inc. (not-to-exceed $1,892,000).

F:\Public Works\ENGINEERING DMSION PROJECTS\1105 -Vera Spts Village Quadrangle Softball Fields\Admim\agenda items\WO 1 and Part 2 Agreement 12-30-ll.doc

165

PAGE TWO ":!.:h). Christopher J. Kafer, Jr., P.E., County Engineer January 10,2012 Agenda Item

FUNDING

Funding is budgeted and available for $2,492,000.00 as follows:

Optional 1¢ Sales Tax Savings from VBSV Lighting of Fields I & 2- Optional!¢ Sales Tax 43nl Avenue- Traffic Impact Fees District 2 (I 0215241-066510-06041) Aviation Boulevard Traffic Impact Fees District 2 (I 0215241-066510-05031)

RECOMMENDATION

$2,100,000.00 $150,000.00 $121,000.00 $121,000.00

Staff recommends formal approval of Work Order No. I to the Design/Build Agreement, approving Part 2 Agreement with Bill Bryant & Associates, Inc. for $2,492,000.00 for the construction of the Vero Beach Sports Village Quadrangle Softball Fields and Amendment No. I to the Agreement to allow for direct purchases.

ATTACHMENT

I. Work Order No. I to Part I Agreement 2. Part 2 Agreement 3. Amendment No I. to Agreement

DISTRIBUTION

I. Bill Bryant & Associates, Inc. 2. Craig Callan, Minor League Baseball (MiLB)

APPROVED AGENDA ITEM Indian River County Aoor=d Date

Administration 1 /o/1;;;.._ Bud•et

Le•al

Risk Mana!!ement

~~P~u~re~ba~s~i·~·------~~~~ Public Works ../T • -

Eogioeeriog

F:\Public Works\ENGINEERING DIVISION PROJECTS\1105 -Vero Spts Village Quadrangle Softball Fields\Admim\agenda iterns\WO 1 and Part 2 Agreement 12-30-ll.doc

166

• Board of County Commissioners Administration - Building A

1801 27th Street Vero Beach, Florida 32960

Telephone: (772) 567-8000 FAX: 772-778-9391

Project: Vera Beach Sports Village Quadrangle Softball Fields

Indian River County Project No. 1105

WORK ORDER NO. 1 FOR

DESIGN/BUILD PART 1 AGREEMENT IN ACCORDANCE WITH REQUEST FOR PROPOSAL 2011-035

BY Bill Bryant and Associates, Inc.

1550 Old Dixie Highway Vero Beach, Florida 32960

Whereas, the County and Bryant entered into a Design/Build Part 1 Agreement dated June 7, 2011 for construction of the Vero Beach Sports Village Quadrangle Softball Fields, Request for Proposal No 2011-035, Indian River County Project 1105; and

Whereas, Bryant is in the process of completing design of the structures and improvements to the site; and

· Whereas, the County is desirous of having this project completed in a prompt and efficient manner; and

Whereas, Bryant and the County agree that Bryant may perform work at the site that will decrease the time needed to complete the project without effecting construction of the remaining improvements,

Now, therefore, for good and valuable consideration the sufficiency of which is hereby acknowledged, the parties hereby agree to perfonnance of the following Work Order:

The above recitations are true and correct and incorporated by reference herein.

167

Work Order No. 1 Bill Bryant and Associates Page 12

This Work Order No. 1 is in accordance with the existing Design/Build Agreement dated June 7, 2011 between Bill Bryant and Associates, Inc. (Bryant) and Indian River County (County). This Work Order No. 1 authorizes Bryant to perform the work outlined in the agreement as follows: ·

SECTION I - PROJECT LIMITS

This Work Order No. 1 is for Bryant to perform the below described items as detailed in his response to Request for Proposal No. 2011-35;

Item 3- Sports Lighting for Four Softball Fields

Item 4- Excavation Embankment, Grading, Stabilization

Item 18- Drainage (Complete)

Item 20- Public Construction Bond

Item 21- Design SuNey, Permit Fees, Inspection, etc.

Item 23 - Mobilization

Item 24- Clearing and Grubbing

Item 26 - Irrigation (Modification of Existing Irrigation as Needed Due to Proposed Construction of Fields and Facilities)

SECTION - II SCOPE OF SERVICES

As agreed upon between Bryant and the County, Bryant shall provide the above referenced seNices to County in order to expedite completion of the project. The County has asked Bryant and Bryant has agreed to perform the above seNices that will not interfere or interrupt construction of the other improvements referenced in Bryant's bid submitted in response to Request for Proposal2011-35.

SECTION 3- TIME FOR COMPLETION: During Design and Construction Phases

SECTION 4- COMPENSATION

County agrees to pay and Bryant agrees to accept the fee for seNices rendered according to the Unit Price and/or Bid Amount for the above numbered items as submitted in their request for proposal 2011-35. Any additional seNices not described hereon shall be preapproved by the County. All invoicing shall include Project Number

168

Work Order No. 1 Bill Bryant and Associates Page 13

(1105) Work Order (W0-1) Request for Proposal No. 2011-035. Invoices shall reference the specific item number and description as referenced above. Payment shall be made in accordance with Article Vl of the Agreement.

IN WITNESS WHEREOF the parties have caused these presents to be executed in their nanies, the day and year first above written.

BILL BRYANT AND ASSOCIATES, INC.

BY~ Its:. ~ff.f!

... ~:~~~~~@Pia~:-. c-~' ~·& "• 'Y.JI!'o~

.t~-vo-· ··.~..c.' .. l (;j • • • • .. _"CP ~


BY: A--t' cb..-f?o · -' Bob Solari, Chairman

BCC Approved: June 7, 2011

"Ci" ... ~ !* i \*~ Attest: Jeffrey K. Barton, Clerk of Court ! ~ ? j ;':. il /} \.~·. /RJ By· A?~ ~ ···~~j;;.: ... -.,:~i.'~' ·-';,;~=ep_c,.u":-ty-':CZ.:.Ie-rk7-'""-==..:......--

····•·•R·COilll~~ .............

'iiJ7Ji£~'' •ufflO.o~ William K. DeBraal Deputy County Attorney

169

TABLE OF ARTICLES

PART 2 AGREEMENT

1. GENERAL PROVISIONS

2. OWNER

3. DESIGN/BUILDER

4. TIME

5. PAYMENTS

6. PROTECTION OF PERSONS AND PROPERTY

7. INSURANCE AND BONDS

. 8. CHANGES IN THE WORK

9. CORRECTION OF WORK

10. DISPUTE RESOLUTION- MEDIATION AND ARBITRATION

11. MISCELLANEOUS PROVISIONS

12. TERMINATION OF THE AGREEMENT

13. BASIS OF COMPENSATION

14. OTHER CONDITIONS AND SERVICES

1

170

THIS AGREEMENT made as of the BETWEEN the Owner:

For the following Project:

day of in the year of

0--~-~ - - -~-·-~ -~~~ -- .

- -- -~ - - -- - - - - ' - - -' -

The architectural services described in Article 3 will be provided by the following person or entity who is lawfully licensed to practice architecture:

Name and address Registration Number

Relationship to Design/Builder

' . . . .

Normal structural, mechanical and electrical engineering services will be provided contractually through the Architect except as indicated below:

Name, address and discipline Registration Number

The Owner and the Design/Builder agree as set forth below.

TERMS AND CONDITIONS- PART 2 AGREEMENT

ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement, the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section 3.2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a written amendment to this Part 2 Agreement signed by both parties, or a Construction Change Directive issued by the Owner in accordance with Section 8.3.

2

171

§ 1.1.2 The tenn "Work" means the construction and services provided by the Design/Builder to fulfill the Pesign/Builder's obligations.

§ 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 It is the intent ·Of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings. are used in the Contract Documents in accordance with such recognized meanings.

§ 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design/Builder shall notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to peiform any act which either believes will violate any applicable law.

§ 1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder.

§ 1.3 OWNERSHIP AND USE OF DOCUMENTS § 1.3.1 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder are instruments of service. The Design/Builder's Architect and other providers of professional services shall retain all common law, statutory and other reserved rights, including copyright in those instruments of service furnished by them. Drawings, specifications, and other documents and electronic data are furnished for use solely with respect to this Part 2 Agreement. The Owner shall be pennitted to retain copies, including reproducible copies, of the drawings, specifications, and other documents and electronic data furnished by the Design/Builder for information and reference in connection with the Project except as provided in Sections 1.3.2 and 1.3.3. The Owner intends that the documents, drawings, plans, specifications and electronic data are intended to be reused at some future time.

§ 1.3.2 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, except by agreement in writing and with appropriate compensation to the Design/Builder, unless the Design/Builder is adjudged to be in default under this Part 2 Agreement or under any other subsequently executed agreement.

§ 1.3.3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, the Architect shall grant a license to the Owner to use the drawings, specifications, and other documents and electronic data furnished by the Architect to the Design/Builder for the completion of the Project, conditioned upon the Owner's execution of an agreement

3

172

to cure the Design/Builder's default in payment to the Architect for services previously performed and to the extent allowed by law, indemnify the Architect with regard to claims arising from such reuse without the Architect's professional involvement.

§ 1.3.4 Submission or distribution of the Design/Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section 1.3.1.

ARTICLE 2 OWNER § 2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall render deCisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may obtain independent review of the Contract Documents by a separate architect, engineer, contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work.

§ 2.2 The Owner may appoint an on-site project representative to observe the Work and to have such other responsibilities as the Owner and Design/Builder agree in writing.

§ 2.3 The Owner shall cooperate with the Design/Builder in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the Design/Builder's Proposal.

§ 2.4 The Design/Builder O'v'mer shall fum ish services of land surveyors, geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under the Part 1 Agreement, when such services are deemed necessary by the Design/Builder to properly carry out the design services required by this Part 2 Agreement.

§ 2.5 The Owner shall disclose, to the extent known to the Owner, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsurface conditions. The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site.

§ 2.6 The Owner shall furnish all legal, aseounting and insuranee eounseling servises as may be nesessary at any time for the Projeet, induding sush auditing serviees as the Owner may require to verify the Design/Builder's /\pplieations for Payment.

§ 2.7 Those services, information, surveys and reports, if any, listed in required by Sections 2.4 and 2.5 through 2.6 which are within the Owner's control shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon the ·

4

173

accuracy and completeness thereof, except to the extent the Owner advises the Design/Builder to the contrary in writing.

§ 2.8 If the Ovmer requires the Design/Builder to maintain any special insurance coverage, policy, amendment, or rider, the Ovmer shall pay the additional cost thereof, except as othecwise stipulated in this Part 2 Agreement.

§ 2.9 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Design/Builder's Proposal or the Construction Documents, the Owner shall give prompt written notice thereof to the Design/Builder.

§ 2.1 g The Owner shall, at the request of the Design/Builder, prior to execution of this Part 2 Agreement and promptly upon request thereafter, furnish to the Design/Builder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.

§ 2.11 The Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder, unless otherwise directed by the Design/Builder.

ARTICLE 3 DESIGN/BUILDER § 3.1 SERVICES AND RESPONSIBILITIES § 3.1.1 Design services required by this Part 2 Agreement shall be performed by qualified architects and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder.

§ 3.1.2 The agreements between the Design/Builder and the persons or entities identified in this Part 2 Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon request.

§ 3.1.3 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Design/Builder's obligations under this Part 2 Agreement.

§ 3.2 BASIC SERIVICES § 3.2.1 The Design/Builder's Basic Services are described below and in Article 14.

§ 3.2.2 The Design/Builder shall designate a representative authorized to act on the Design/Builder's behalf with respect to the Project.

§ 3.2.3 The Design/Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents may include drawings, specifications,

5

174

and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall:

.1 be consistent with the intent of the Design/Builder's Proposal;

.2 provide information for the use of those in the building trades; and

.3 include documents customarily required for regulatory agency approvals.

§ 3.2 4 The Design/Builder, with the assistance of the Owner, shall file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project.

§ 3.2.5 Unless otherwise provided in the Contract Documents, the Design/Builder shall provide or cause to be provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.2.6 The Design/Builder shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under this Part 2 Agreement.

§ 3.2. 7 The Design/Builder shall keep the Owner informed of the progress and quality of the Work.

§ 3.2.8 The Design/Builder shall be responsible for correcting Work which does not conform to the Contract Documents.

§ 3.2.9 The Design/Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the construction will be free from faults and defects, and that the construction will conform with the requirements of the Contract Documents. Construction not conforming to these requirements, including substitutions not properly approved by the Owner, shall be corrected in accordance with Article 9.

§ 3.2.10 The Design/Builder shall pay all sales, consumer, use and similar taxes which had been legally enacted at the time the Design/Builder's Proposal was first submitted to the Owner, and shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of a contract for construction or are legally required at the time the Design/Builder's Proposal was first submitted to the Owner.

§ 3.2.11 The Design/Builder shall comply with and give notices required by laws, · ordinances, rules, regulations and lawful orders of public authorities relating to the

Project.

6

175

§ 3.2.12 The Design/Builder shall pay royalties and license fees for patented designs, processes or products. The Design/Builder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a required design, process or product is an infringement of a patent, the Design/B'Uilder shall be responsible for such loss unless such information is promptly furnished to the Owner.

§ 3.2.13 The Design/Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the Design/Builder shall remove from the site waste materials, rubbish, the Design/Builder's tools, construction equipment, machinery, and surplus materials.

§ 3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes that the Work or an agreed upon portion thereof is substantially completed. If the Owner concurs, the Design/Builder shall issue a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance, shall include a list of items to be completed or corrected and shall fix the time within which the Design/Builder shall complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance with provisions of Article 10.

§ 3.2.15 The Design/Builder shall maintain at the site for the Owner one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other modifications, in good order and regularly updated to record the completed construction. These shall be delivered to the Owner upon completion of construction and prior to final payment.

§ 3.3 ADDITIONAL SERVICES § 3.3.1 The services described in this Section 3.3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Part 2 Agreement, in addition to the compensation for Basic Services. The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by the Owner.

§ 3.3.2 Making revisions in drawings, specifications, and other documents or electronic data when such revisions are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or electronic data.

§ 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work.

7 176

§ 3·.3.4 Providing services in connection with a publis hearing, arbitration proceeding or legal proceeding, except where the Design/Builder is a party thereto.

§ 3.3.5 Providing coordination of construction perfonned by the Owner's own forces or separate contractors employed by the Owner, and coordination of services required in connection with construction perfonned and equipment supplied by the Owner.

§ 3.3.6 Preparing a set of reproducible record documents or electronic data showing significant changes in the Work made during construction.

§ 3.3.7 Providing assistance in the utilization of equipment or systems such as preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation.

ARTICLE 4 TIME § 4.1 Unless otherwise indicated, the Owner and the Design/Builder shall perfonn their respective obligation~ as expeditiously as is consistent with reasonable skill and c.are and the orderly progress of the Project.

§ 4.2 Time limits stated in the Contract Documents are of the essence. The Work to be performed under this Part 2 Agreement shall commence upon receipt of a notice to proceed unless otherwise agreed and, subject to authorized Modifications, Substantial Completion shall be achieved on or before the date established in Article 14.

§ 4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 4.4 Based on the Design/Builder's Proposal, a construction schedule shall be provided consistent with Section 4.2 above.

§ 4.5 If the Design/Builder is delayed at any time in the progress of the Work by an act or neglect of the Owner, Owner's employees, or separate contractors employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the Design/Builder's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Owner and Design/Builder agree may justify delay, then the Contract Time and amount shall be reasonably modified maended by Change Order.

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for Payment in such detail as indicated in Article 14.

8

177

§ 5.1.2 Upon VVithin ten (1 0) days of the Owner's receipt of a properly submitted and correct Application for Payment, the Owner shall make payment to the Design/Builder in accordance with the Local Government Prompt payment Act. FS§ 218.70 et seq.

§ 5.1.3 The Application for Payment shall constitute a representation by the Design/Builder to the Owner that the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents, and the Design/Builder is entitled to payment in the amount requested.

§ 5.1.4 Upon receipt of payment from the Owner, the Design/Builder shall promptly pay the Architect, other design professionals and each contractor the amount to which each is entitled in accordance with the terms of their respective contracts.

§ 5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be responsible in any way for payment to the Architect, another design professional or a contractor performing portions of the Work.

§ 5.1.6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents.

§ 5.1.7 The Design/Builder warrants that title to all construction covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design/Builder further warrants that upon submittal of an Application for Payment all construction for which payments have been received from the Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Design/Builder or any other person or entity performing construction at the site or furnishing materials or equipment relating to the construction.

§ 5.1.8 At the time of Substantial Completion, the Owner shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work.

§ 5.2 FINAL PAYMENTS § 5.2.1 Neither final payment nor amounts retained, if any, shall become due until the Design/Builder submits to the Owner: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; (3) a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final

9

178

payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of such lien.

§ 5.2.2 When the Work has been completed and the contract fully performed, the Design/Builder shall submit a final application for payment to the Owner, who shall make final payment in accordance with the Local Government Pro mot payment Act, FS§ 218.70 et seq. within aO days of receipt.

§ 5.2.3 The making of final payment shall constitute a waiver of claims by the Owner exceRt those arising from:

.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;

.2 failure of the Work to comply with the requirements of the Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

§ 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment.

§ 5.31NTEREST PAYMENTS § 5.3.1 Payments due the Design/Builder under this Part 2 Agreement which are not paid when due shall bear interest in accordance with the :Local Government Prompt payment Act. FS§ 218.70 et seq. frem the date due at the rate specified in Artiele 1 a, or in the absence of a specified rate, at the legal rate prevailing where the Project is located.

ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY § 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing supervision of all safety precautions and programs in connection with the performance of this Part 2 Agreement.

§ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Design/Builder or the Design/Builder's contractors; and (3) other property at or adjacent thereto, such as trees, shrubs, lawns, walks,

10 179

pavements, roadways, structures and utilities not designated for removal relocation or replacement in the course of construction.

§ 6.3 The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss.

§ 6.4 The Design/Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the Contract Documents) to property at the site caused in whole or in part by the Design/Builder, a contractor of the Design/Builder or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.

ARTICLE 7 INSURANCE AND BONDS § 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE § 7.1.1 The Design/Builder shall purchase from and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Design/Builder from claims set forth below which may arise out of or result from operations under this Part 2 Agreement by the Design/Builder or by a contractor of the Design/Builder, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1

.2

.3

.4

.5

claims under workers' compensation, disability benefit and other similar employee benefit laws that are applicable to the Work to be performed; claims for damages because of bodily injury, occupational sickness or disease, or death of the Design/Builder's employees; claims for damages because of bodily injury, sickness or disease, or death of persons other than the Design/Builder's employees; claims for damages covered by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Design/Builder or (2) by another person; claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property

.7

damage arising out of ownership, maintenance or use of a motor vehicle; and claims involving contractual liability insurance applicable to the Design/Builder's obligations under Section 11.5.

§ 7 .1.2 The insurance required by Section 7 .1.1 shall be written for not less than limits of liability specified in this Part 2 Agreement or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.

11

180

§ 7.1.3 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner immediately after execution of this Part 2 Agreement. These Certificates and the insurance policies required by this Section 7.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the application for final payment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable promptness in accordance with the Design/Builder's information and belief.

§ 7.2 0 1.'\'NER'S liABiliTY INSURANCE § 7.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's tJstJal liability inst~ranee. Optionally, the Owner may purchase and maintain other instJranee for self pretestion against claims 'Nhieh may arise from operations t~nder this Part 2 Agreement. The Design/Bt~ilder shall not be responsible for ptJrehasing and maintaining this optional Ovmer's liability instJranee unless specifically reqt~ired by the Contrast Doet~ments.

§ 7.3 PROPERTY INSURANCE

§ 7 .3.1 Unless otherwise provided under this Part 2 Agreement, the Design/Builder Ovmer shall pt~rehase and maintain, in a company or companies authorized to do business in the jurisdiction in which the principal improvements are to be located, property Builder's Risk "All Risk" insurance upon the Work to the full insurable value thereof on a replacement cost basis withotJt optional dedt~Gtibles. Such preperty insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required by this Section 7.3 to be insured, whichever is earlier. This insurance shall include interests of the Owner, the Design/Builder, and their respective contractors and subcontractors in the Work.

§ 7 .3.2 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the services and expenses of the Design/Builder's Architect and other professionals required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

§ 7.6.3 If the Owner does not intend to pmehase st~eh property insurance required by this Part 2 Agreement and with all of the coverages in the amount described above, the Owner shall so inform the Design/Builder prior to commencement of the construction. Tho Design/Bt~ilder may then effect insurance whish will protest the interests of the

12

181

Design/Builder and the Design/Builder's contractors in the construction, and by appropriate Change Order the cost thereof shall be charged to tho Ovmer. If the Design/Builder is damaged by the failure or neglect of the Ovmer to purchase or maintain insurance as described above, then the Owner shall bear all reasonable costs properly attributable thereto.

§ 7.3.4 Unless otherwise provided, the Owner shall purchase and maintain such boiler and machinery insurance required by this Part 2 /\greement or by law, '.vhich shall specifically cover such insured objects during installation and until final acceptance by the 0',vner. This insurance shall include interests of the Owner, the Design/Builder, the Design/Builder's contractors and subcontractors in the V'lork, and the Design/Builder's Architect and other design professionals. The Ovmer and the Design/Builder shall be named insureds.

§ 7.3.5 A loss insured under the Design/Builder Ovmer's property insurance shall be adjusted by the Design/Builder Ovmer's as fiduciary and made payable to the Design/Builder Owner's as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 7.3.10. The Design/Builder shall pay contractors their shares of insurance proceeds received by the Design/Builder, and by appropriate agreement, written where legally required for validity, shall require contractors to make payments to their subcontractors in similar manner.

§ 7.3.6 Before beginning the work an OJEposuro to loss may ooour, the Design/Builder Owner's shall file with the Owner Design/Builder a copy of each policy that includes insurance coverages required by this Section 7;J. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each po·licy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner Design/Builder.

§ 7.3.7 If the Design/Builder requests in writing that insurance fer risks other than those described herein or fer other special hazards be included in the property insurance policy, the Owner shall, if possible, obtain such insurance, and the cost thereof shall be charged to the Design/Builder by appropriate Change Order.

§ 7.3.8 The Owner and the Design/Builder waive all rights against each other and the 1\rohiteot and other design professionals, oontraotors, subcontractors, agents and employees, each of the other, fer damages caused by fire or other perils to the mct:ent covered by property insurance obtained pursuant to this Section 7.3 or other property insurance applicable to the Work, mmopt such rights as they may have to proceeds of such insurance hold by tho Ovmer as trustee. The Owner or Design/ Builder, as appropriate, shall require from contractors and subcontractors by appropriate agreements, written ·.vhoro legally required for validity, similar waivers each in favor of other parties enumerated in this Section 7.3. The policies shall provide such waivers of subrogation by endorsement or otherwise. 1\ waiver of subrogation shall be effective as

13

182

to a peFSon or entity even though that peFSon or entity would othenNise have a duty of indemnification, contractual or otherwise, did net pay the insurance pmmium directly or indirectly, and whether or net the person or entity had an insurable intemst in the property damaged.

§ 7.3.9 If requimd in writing by a party in interest, the O'o'mer as trustee shall, upon ooeuFFOnee of an insured loss, give bond for proper performance of the Owner's duties. The oest of required bonds shall be oharged against proceeds received as fiduciary. The Owner shall deposit in a separate aeeount proeeeds so reoeived, whish the Owner shall distribute in aooordanee with such agreement as the parties in interest may reaoh, or in aooordanoe with an arbitration award in whish ease the prooedum shall be as provided in Article 10. If after suoh loss no other speoial agreement is made, replacement of damaged V'lerl< shall be covered by appropriate Change Order.

§ 7.3.10 The Owner as trustee shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing, within five (5) days after occurrence of loss to the Owner's exercise of this power, if such objection be made, the parties shall enter into dispute resolution under procedures provided in Article 10. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

§ 7 .3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Design/ Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall not, without mutual written consent, take any action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of coverage.

§ 7.4 bOSS OF USE OF INSURANCE § 7.4.1 The Owner, at the Owner's option, may purohase and maintain such insurance as ·.viii insure the Owner against less of use of the Owner's property due to fiFO or other hazards, ho•.vever caused. The Owner waives all rights of action against the Design/Builder for loss of use of the Owner's property, inoluding consequential losses due to fire or other hazmds, hOVIever caused.

ARTICLE 8 CHANGES IN THE WORK § 8.1 CHANGES § 8.1.1 Changes in the Work may be accomplished after execution of this Part 2 Agreement, without invalidating this Part 2 Agreement, by Change Order, Construction Change Directive, or order for a minor change in the Work, subject to the limitations stated in the Contract Documents.

§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder; a Construction Change Directive may be issued by the Owner without

14

183

the agreement of the Design/Builder; an order for a minor change in the Work may be issued by the Design/Builder alone.

§ 8.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Design/Builder shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.

§ 8.1.41f unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or the Design/ Builder, the applicable unit prices shall be equitably adjusted.

§ 8.2 CHANGE ORDERS § 8.2.1 A Change Order is a written instrument prepared by the Design/Builder and signed by the Owner and the Design/Builder, stating their agreement upon all of the following:

.1

.2

. 3

a change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time .

§ 8.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Contract Documents.

§ 8.3 CONSTRUCTION CHANGE DIRECTIVES § 8.3.1 A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

§ 8.3.2 Except as otherwise agreed by the Owner and the Design/Builder, the adjustment to the Contract Sum shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the Contract Sum, the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be limited to the following:

.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance;

15

184

.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 rental costs of machinery and equipment exclusive of hand tools, whether rented from the Design/Builder or others;

.4 . costs of premiums for all bonds and insurance penmit fees, and sales, use or similar taxes;

.5 additional costs of supervision and field office personnel directly attributable to the change; and fees paid to the Architect, engineers and other professionals.

§ 8.3.3 Pending final detenmination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Design/Builder to the Owner for deletion or change which results in a net decrease in the Contract Sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change.

§ 8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

§ 8.4 MINOR CHANGES IN THE WORK § 8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and construction consistent with the intent of the Contract Documents when such minor changes do not involve adjustment in the Contract Sum or extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in writing, of minor changes in the Construction Documents and construction.

§ 8.5 CONCEALED CONDITIONS § 8.5.1 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim by either party made within 21 days after the claimant becomes aware of the conditions.

§ 8.6 REGULATORY CHANGES § 8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or revisions of codes, laws or regulations subsequent to the submission of the Design/Builder's Proposal.

16

185

ARTICLE 9 CORRECTION OF WORK § 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be defective or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including additional testing and inspections.

§ 9.2 If, within one ( 1) year after the date of Substantial Completion of the Work or, after the date for commencement of warranties established in a written agreement between the Owner and the Design/Builder, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Design/Builder shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Design/ Builder a written acceptance of such condition.

§ 9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one ( 1) year as described in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work.

§ 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.

§ 9.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/ Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.

17 186

ARTICLE 10 DISPUTE RESOLUTION ME!DIATION AND AR81TRATION § 10.1 Claims, disputes or other matters in question between the parties to this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof shall be subject to the following procedure:

the dispute shall first be addressed by a meeting between the owner. Design/Builder, Architect and Owner's Representative.

If the dispute is not remedied. the parties shall submit the dispute to the County Administrator or his assign. who shall make the final decision on the matter.

The resolution of the dispute shall be reduced to writing and attached to this agreement. and deeided by mediation or arbitration. Sueh mediation or arbitration shall be condueted in aecordance v:ith the Construetion lndustr1 Mediation or Arbitration Rules of the American Arbitration Association currently in effeet.

§ 19.2 In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation. Demand fer mediation shall be filed in writing v:ith the other party to this Part 2 Agreement and with the Ameriean Arbitration Association. /\ demand for mediation shall be m:_adc within a reasonable time after the claim,. dispute or other matter in question has arisen. In no event shall the demand fer mediation be made after the date when institution of legal or equitable proceedings based on such elaim, dispute or other matter in question would be barred by the applicable statutes of repose or limitations.

§ 19.3 Demand fer arbitration shall be filed in writing with the other party to this Part 2 Agreement and 'Nith the American /\rbitration /\ssoeiatien. A demand fer arbitration shall be made within a reasonable time after the elaim, dispute or other matter in question has arisen. In no event shall the demand fer arbitration be made after the date when institution of legal or equitable proeeedings based on such elaim, dispute or other matter in question v.'Ould be barred by the applicable statutes of repose or limitations.

§ 19.4 /\n arbitration pursuant to this /\rtiele may be joined with an arbitration involving common issues of lmv or fact between the Design/Builder and any person or entity with whom the Design/Builder has a contraetual obligation to arbitrate disf)utes. No other arbitration arising out of or relating to this Part 2 Agreement shall include, by consolidation, joinder or in any other manner, an additional f)erson or entity not a f)arty to this Part 2 /\greoment or not a party to an agreement with the Design/8uilder, except by written consent containing a sf)eeifie referenee to this Part 2 Agreement signed by the Owner, the Design/Builder and any other person or entities sought to be joined. Consent to arbitration involving an additional person or entity shall not eonstituto eonsont to arbitration of any elaim, dispute or other matter in question not described in the written eonsent or with a person oF entity not named oF doseribed therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Part 2 Agreement shall be specifically enforceable in accordance with applieable lmv in any eourt having jurisdietion thereof.

18 187

§ 10.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in assordanse with applisable law in any sourt having jurisd istio n thereof.

ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Unless otherwise provided, this Part 2 Agreement shall be governed by the law§ of the State of Florida. Venue for any lawsuit brought by any party arising from this agreement shall be in Indian River Countv. Florida, or in the event of federal jurisdiction. the US District Court for the Southern District of Florida. plase ·.vhere the Projest is losated.

§ 11.2 SUBCONTRACTS § 11.2.1 The Design/Builder, as soon as practicable after execution of this Part 2 Agreement, shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project.

§ 11.3 WORK BY OWNER OR OWNER'S CONTRACTORS § 11.3.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of insurance and waiver of subrogation identical to the provisions of this Part 2 Agreement. If the Design/Builder claims that delay or additional cost is involved because of such action by the Owner, the Design/Builder shall assert such claims as provided in Section 11.4.

§ 11.3.2 The Design/Builder shall afford the Owner's separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design/Builder's construction and operations with theirs as required by the Contract Documents.

§ 11.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor.

§ 11.4 CLAIMS FOR DAMAGES § 11.4.1 If either party to this Part 2 Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.

§ 11.51NDEMNIFICATION § 11.5.1 To the fullest extent permitted by law, the Design/Builder shall indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited

19 188

to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 11.5.

§ 11.5.2 In claims against any person or entity indemnified under this Section 11.5 by an employee of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, the indemnification obligation under this Section 11.5 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design/Builder under workers' compensation acts, disability benefit acts or other employee benefit acts.

§ 11.6 SUCCESSORS AND ASSIGNS § 11.6.1 The Owner and Design/Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Part 2 Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 2 Agreement. Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other. The Owner may assign this Part 2 Agreement to any institutional lender providing construction financing, and the Design/Builder agrees to execute all consents reasonably required to facilitate such an assignment. If either party makes such an assignment, that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement, unless otherwise agreed by the other party.

§ 11.7 TERMINATION OF PROFESSIONAL DESIGN SERVICES § 11.7 .1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement, the Design/Builder shall identify to the Owner in writing another architect or other design professional with respect to whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated.

§ 11.8 EXTENT OF AGREEMENT § 11.8.1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/Builder and supersedes prior negotiations, representations or agreements, either written or oral. This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder.

20 189

ARTICLE 12 TERMINATION OF THE AGREEMENT § 12.1 TERMINATION BYTHE OWNER § 12.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

§ 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults, failure or neglect within seven (7) days after being given notice, the Owner may then give a second written notice and, after an additional seven (7) days, the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder and take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.

§ 12.2 TERMINATION BY THE DESIGN/BUILDER § 12.2.1 If the Owner fails to make payment when due in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq., the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment in accordance with the Local Government Prompt Payment Act. FS§ 218.70 et seq. within seven (7) days after receipt of such notice by the Owner, the Design/Builder may give a second written notice and, seven (7) days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below.

§ 13.1 COMPENSATION § 13.1.1 For the Design/Builder's performance of the Work, as described in Section 3.2 and including any other services listed in Article 14 as part of Basic Services, the Owner shall pay the Design/Builder in current funds the Contract Sum not to exceed as follows:

21

190

§ 13.1.2 For Additional Services, as described in Section 3.3 and including any other services listed in Article 14 as Additional Services, compensation shall be as follows:

§ 13.2 REIMBURSABLE EXPENSES § 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services, and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project, as follows:

§ 13.3 INTEREST PAYMENT § 13.3.1 The rate of interest for past due payments shall be in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq.as follows:

(Usury taws ami requiremeRts uRfier tho Fofierai Truth iR LoRfiiRg Aet, similar state ami local coRsumor credit .'a 'lis ami other reguiatioRs at tho Otmor's aRd DosigRl BuNder's priRcipa! places ofeusiRoss, at tho .tocaf.iOR of tho Pre}oet aRd otsowhore may a#ect tho vaUdity of this prevlsloR. Specific legal advleo silou.'d eo oi:JtaiRod with respoet to fie!otioR, modificatfoR or other requkvmoRts, sueh as writtoR dise!osures or waivers.)

ARTICLE 14 OTHER CONDITIONS AND SERVICES § 14.1 The Basic Services to be performed shall be commenced on and, subject to authorized adjustments and to delays not caused by the Design/Builder, Substantial Completion shall be achieved in the Contract Time of dlit'lfo&lj ( ml ) calendar days. Final completion shall be thirty (30) days thereafter.

§ 14.2 The Basic Services beyond those described in Article 3 are as follows:

§ 14.3 Additional Services beyond those described in Article 3 are as follows:

§ 14.4 The Design/Builder shall submit an Application for Payment on the lil§l day of each month.

22 191

§ 14.5 The Design/Builder's Proposal includes the following documents:

Request for Proposal No. 2011035, IRC Project No. 1105 Design/Builder's Response to Request for Proposal No. 2011035 Part I Agreement dated: June 7, 2011 and any addendum thereto The Property legal description Public Construction Bond dated August 10, 2011 Certificates of Insurance dated 6/29/2011, 7111/2011, 8/9/2011 Approved Construction Drawings

Title Date

This Agreement entered into as of the day and year first written above.

OWNER: BOARD OF COUNTY COMMISSIONERS


23

DESIGN/BUILDER: BILL BRYANT AND ASSOCIATES, INC.

Attest:-:-..,------,-:-:----~Jeffrey K. Barton, Clerk of Court

APPROVED AS TO FORf;1,

AND. LE,q.AL~~FF!9 .... (!!)' CfY/ lvr1(~l~ Af.; · BY~ I !"" .. 1:--

WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY

192

AMENDMENT NUMBER 1 TO THE · . · AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER

This Amendment 1 to the Agreement between Owner and Design/Builder (the "Amendment'') is made and entered into this __ day of January, 2012 by and between The Board of County Commissioners, Indian ruver County, Florida ("Owner''), and Bill Brvant & Associates, Inc., Federal I.D. No. 59-2097862 ("Design/Builder'').

WITNESSETII:

WHEREAS, Owner and Design!Builder entered into that certain Agreement between Owner and Design/Builder dated Jnne 7 20 !I: and

WHEREAS, Owner has recently implemented a Direct Purchase Program for certain materials and equipment; and

WHEREAS, Owner and Design!Builder desire to amend the Agreement to reflect the responsibilities of Owner and Design/Builder with respect thereto.

NOW THEREFORE, for and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Direct Purchase Program.

Owner may elect to purchase materials and equipment included in any Trade Contractor's bid for a portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to herein as "Direct Purchase Materials". At the thne Design/Builder provides Owner with the bid tabulation analysis as required by this Agreement (which bids shall include the cost of all potential Direct Purchase Materials and sales taxes applicable thereto), Design!Builder shall submit to Owner a list, prepared by aPPlicable Trade Contractors, of materials and equipment appropriate for consideration by Owner as Direct Purchase Materials.

If Owner elects to purchase any Direct Purchase Materials, it shall so notify Design/Builder and Design/Builder shall thereafter promptly furnish to Owner, at least seven (7) days prior to the date such Direct Purchase Materials must be ordered, a purchase order request reflecting the approved Direct Purchase Materials, together with acceptsble evidence that Design/Builder competitively bid for the portion of the Work which includes the Direct Purchase Materials. Acceptable evidence means, at a minimum, that Design!Builder performed all advertising required by this Agreement, utilized pre-qua!ificlllion criteria approved by Owner and obtained at least three (3) sealed written quotes from various bidders for the aPPlicable portions of the Work or, if not, provides a written explanation as to why. In addition, Design!Builder shall reduce the applicable Trade Contractor's subcontract amount by the cost of the Direct Purchase Materials and sales tax related thereto.

Upon Owner's receipt of the purchase order request and supporting materials, Owner will review the same and, if approved, issue a purchase order directly to the supplier of the applicable Direct Purchase Material, with delivery F .O.B. Project site. Upon delivery of the Direct Purchase Materials to the Project site, Design!Builder shall ensure that the Direct Purchase Materials are as requested in Owner's purchase order and if so, Owner will take title to the Direct Purchase Materials and Design/Builder shall forward the approved invoices and associated back-up documentlllion to Owner. Owner will process these invoices and issue payment directly to the applicable supplier.

Design/Builder shall obtain builder's risk insurance on the Direct p_rnchase Materials naming OWner as the insured or an additional insured, provided Owner shall rehnburse Design!Builder for the cost of such ~ce as provided by the Agreement.

Except to the extent modified by this section, Design!Builder shall be responsible for satisfying all of its other obligations with respect to the Direct Purchase Materials pursuant to this Agreement, as if the Direct Purchase Materials had been purchased by it There shall be no additional charge to Owner for services provided pursuant to this section. Change Orders reflecting the removal of the Direct Purchase Materials and applicable sales tax shall be issued on a monthly basis.

193

2. Ratification.

Except as modilled hereby, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect and are hereby ratified and affirmed.

3. Conflict.

In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall control.

4. Defined Terms.

All capitalized terms used herein, not defmed herein, shall have the meaning ascribed thereto in the Agreement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLAl'H(.

194

IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above.

FOR THE DESIGN/BUILDER:

ATTEST:

FoR THE OWNER:

As WITNESSED BY:

--(c/, ' Alan S. Polakwich, Sr., County Attorney

DATE: I ... 3 ... l"-

BILL BRYANT & ASSOCIATES, INC.


BY:

(Commission Chairman)

Indian River County Board of County Commissioners

DATE:

7"'.nh ~.Jk,J

195

•

~IJertff DERYL LOAR • INDIAN RNER COUN1Y MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION

9A

4055 41st AVENUE VERO BEACH, FLORIDA 32960-1802 PHONE (772) 569-6700

December 14,2011

The Honorable Gary Wheeler, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388

Dear Chairman Wheeler:

In response to the discussion and recommendations put forth at the Budget Workshop held July 13, 2011 and the Board of County Commission meeting held July 19, 2011, I am requesting $600,000 of the Optional One Cent Sales Tax fund. The funds will be used to purchase marked patrol vehicles.

Attached is our most recent IRCSO Fleet Mileage report.

Please place this under Constitutional Officers for the December 20, 2011 board agenda. If you have any questions or need additional information, please let me know.

Sincere~, ;J _ ~£~ Deryl Loar, Sheriff

DL:l1j

cc: Joseph Baird, County Administrator Jason Brown, Director- Management & Budget Indian River County Commissioners Solari, Flescher, Wheeler, and Davis

Attachment

The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated 196

IRCSO FLEET MILEAGE REPORT

Year loescription Mileage I Veh# I Dept Asset 1965 VEH.001-1965 MILITARY TRUCK 6X6 40,799 001 304 10518

1965 VEH.003-1965 MILITARY TRUCK 6X6 17,908 003 304 10519

1985 VEH.428-1985 ERT VAN 76,889 428 611 4599

1992 VEH.480-1992 BUS WHITE 187,483 480 903 11590

1995 VEH;113-1995 E-350(AMBULANCE STYLE) 103,533 113 601 9177

1995 VEH.485-1995 TOW TRUCK 120,991 485. 304 6234

1997 VEH.475-1997 F350 HEAVY DUTY 69,819 475 904 5923

1997 VEH.476-1997 F350 HEAVY DUTY 64,452 476 904 5942

1998 VEH.017"1998 WINDSTAR VAN 104,071 017 304 5996

1998 VEH.483c1998 CROWN VIC. 106,376 483 402 6103

1998 VEH.484-1998 CROWN VIC.GRAY (SPARE) 125,827 484 304 6162

1999 VEH.026-1999 F150 SUPERCAB 102,375 026 114 6616

1999 VEH.487-1999 F250 PICKUP 84,440 487 705 6233

1999 VEH.489-1999 TAURUS 86,106 489 705 6622 - 1.999 VEH.658-1999 HONDASUVcGREY 131,510 658 405· 13751

1999 VEH.704-1999 TOYOTA COROLLA 64,670 704 304 14453

1999 VEH.MC4-1999 MOTORCYCLE 15,053 M4 612 16193

2000 VEH.315-2000 YAMAHA 8,000 315 401 10053

2000 VEH.496-2000 ECONOLINE VAN 67,776 496 904 7179

2000 VEH.497-2000 ECONOLINE VAN 93,003 497 903 7180

2000 VEH.707-2000 FORD RANGER 98,676 707 601 14702

2000 VEH.709- 2000 HONDA CIVIC 112,211 709 405 15242

2001 VEH.055-2001 CROWN VIC. 107,390 055 112 7882

2001 VEH.062-2001 CROWN VIC. 123,899 062 112 7876

2001 VEH.068-2001 CROWN VIC. 113,402 068 112 7873

2001 VEH.071-2001 CROWN Vlc.{SPARE) 121,655 071 112 7888

2001 VEH.076-2001 CROWN VIC. 97,636 076 112 7892

2001 VEH.078-2001 CROWN VIC. 108,986 078 112 7810

2001 VEH.080-2001 CROWN VIC. 100,389 080 112 8125

2001 VEH.081-2001 CROWN VIC. 113,211 081 112 8216

2001 VEH.500-2001 E250 CARGO VAN 37,095 500 611 7956

2001 VEH.710- 2001 TOYOTA TACOMA 65,346 710 304 15243

2002 VEH.085-2002 CROWN VIC. 116,642 085 304 8500

2002 VEH.087-2002 CROWN VIC. 92,273 087 601 8572

2002 VEH.089-2002 CROWN VIC. 95,920 089 702 8496

2002 VEH.094-2002 CROWN VIC. 117,497 094 112 8492

2002 VEH.098-2002 CROWN VIC. 95,099 098 702 8504

2002 VEH.099-2002 CROWN VIC. 98,254 099 705 8502

2002 VEH.100-2002 CROWN VIC. 114,618 100 304 8535

2002 VEH.101-2002 CROWN VIC. 91,645 101 705 8536

2002 VEH.103-2002 CROWN VIC. 103,024 103 112 8538

2002 VEH.105-2002 E150 CARGO VAN 80,632 105 300 8503

1 11/15/201~ 9 7


Year I Description Mileage I Veh# I Dept Asset 2002 VEH.107-2002 CHEVY TAHOE 105,920 107 504 8582

2002 VEH.108-2002 CHEVY TAHOE 111,937 108 702 8613

2002 VEH.112-2002 EXPLORER 71,601 112 304 8753

2003 VEH.009-2003 Fl50 PICKUP 79,150 009 112 9206

2003 VEH.115-2003 EXPLORER 121,020 115 401 9207

2003 VEH.116"2003 EXPLORER-BLACK 120,073 116 405 9208

2003 VEH.117-2003 EXPLORER 121,652 117 908 9209

2003 VEH.121-2003 CROWN VIC. 122,954 121 304 9237

2003 VEH.122-2003 CROWN VIC. 103,609 122 112 9238

2003 VEH.125-2003 CROWN VIC. 99,115 125 110 9241

2003 VEH.127-2003 CROWN VIC. 105,381 127 601 9243

2003 VEH.130-2003 CROWN VIC. 121,084 130 908 9246

2003 VEH.132-2003 CROWN VIC. 99,636 132 304 9248

2003 VEH.133-2003 CROWN VIC. 113,411 133 112 9249

2003 VEH.134-2003 CROWN VIC. 99,801 134 304 9250

2003 VEH.136-2003 CROWN VIC. 119,540 136 112 9252

2003 VEH.512-2003 PT CRUSIER 52,626 512 114 9766

2003 VEH.655-2003 CHEVY SILVERADO 44,912 655 904 13851

2003 VEH. 699 -2003 PT CRUISER 60,174 699 304 15952

2004 VEH.137-2004 F150 PICKUP 113,733 137 703 10038

2004 VEH.138-2004 EXPLORER 4X4 76,675 138 504 9957

2004 VEH.139-2004 CROWN VIC. 67,654 139 601 10014

2004 VEH.140-2004 EXPLORER (BLK) 87,716 140 401 9236

2004 VEH.141-2004 EXPLORER (GLD) 107,685 141 401 9989

2004 VEH.142-2004 E250 CARGO VAN 104,344 142 504 9958

2004 VEH.143-2004 E350 CARGO VAN 71,676 143 908 10013

2004 VEH.147-2004 F150 SUPERCAB 122,316 147 405 10041

2004 VEH.148-2004 CROWN VIC. 114,106 148 304 9951

2004 VEH.150-2004 CROWN VIC. 94,099 150 304 9936

2004 VEH.151-2004 CROWN VIC. 92,596 151 304 9937

2004 VEH.152-2004 CROWN VIC. 108,299 152 601 9938

2004 VEH.153-2004 CROWN VIC. 103,360 153 304 9939

2004 VEH.155-2004 CROWN VIC. 123,722 155 112 9941

2004 VEH.157-2004 CROWN VIC. 119,706 157 304 9943

2004 VEH.158-2004 CROWN VIC. 70,116 158 704 9944

2004 VEH.160-2004 CROWN VIC. 114,716 160 110 9946

2004 VEH.162-2004 CROWN VIC. 99,706 162 704 9948

2004 VEH.164-2004 CROWN VIC. 112,694 164 201 9950

2004 VEH.166-2004 CROWN VIC. 90,375 166 304 10121

2004 VEH.167-2004 EXPLORER 132,892 167 601 10119

2004 VEH.168-2004 EXPLORER 84,963 168 114 10120

2004 VEH.172-2004 CROWN VIC. 128,112 172 112 10381

2 11/15/2011 9 8


Year !Description Mileage l Veh# l Dept Asset 2004 VEH.175-2004 CROWN VIC. 106,745 175 601 10403

2004 VEH.176-2004 CROWN VIC. 89,075 176 601 10427

2005 VEH.179-2005 CROWN VIC. 116,967 179 601 10748

2005 VEH.180-2005 CROWN VIC. 108,869 180 601 10749

2005 VEH.181-2005 CROWN VIC. 104,827 181 601 10750

2005 VEH.182-2005 CROWN VIC. 98,336 182 504 10751 2005 VEH.183-2005 CROWN VIC. 99,528 183 304 10752

2005 VEH.184-2005 CROWN VIC. 99;705 184 705 10696

2005 VEH.185-2005 CROWN VIC. 94,576 185 304 10697

2005 VEH.186-2005 CROWN VIC.GREEN (SPARE) 99,862 186 103 10698

2005 VEH.187-2005 CROWN VIC. 114,228 187 601 10699

2005 VEH.190-2005 CROWN VIC. 80,799 190 304 10809

2005 VEH.193-2005 CROWN VIC. 79,323 193 601 10815

2005 VEH.194-2005 CROWN VIC. 79,686 194 601 10816 2005. VEH.195"2005 CROWN VIC. 91,277 195 304 10817

2005 VEH.196-2005 CROWN VIC. 70,162 196 114 10822

2005 VEH.515-2005 CHEVY MALIBU(WHITE) SPARE 115,710 515 405 10657

2005 VEH.516-2005 CHEVY MALIBU(SILVER)SPARE 87,851 516 202 10658

2005 VEH.517-2005 CHEVY MALIBU(GRAY) 71,705 517 401 10833

2006 VEH.007-2006 F150 PICKUP 90,222 007 703 11399

2006 VEH.010-2006 F250 PICKUP 75,114 010 703 11398

2006 VEH.011-2006 E250 CARGO VAN 90,931 011 402 11400

2006 VEH.204-2006 CROWN VIC. 117,581 204 201 11390

2006 VEH.205-2006 CROWN VIC. 97,120 205 601 11391

2006 VEH.206-2006 CROWN VIC. 89,843 206 908 11392

2006 VEH.207-2006 CROWN VIC. 84,810 207 601 11393

2006 VEH.208-2006 CROWN VIC. 107,358 208 908 11394

2006 VEH.209-2006 CROWN VIC. 100,452 209 304 11395

2006 VEH.210-2006 CROWN VIC. 78,251 210 601 11396

2006 VEH.211-2006 CROWN VIC. 97,895 211 304 11397

2006 VEH.230-2006 E205 CARGO VAN 53,430 230 402 11612

2006 VEH.231-2006 E250 CARGO VAN 67,415 231 402 11613

2006 VEH.518-2006 CHEVY MALIBU 60,163 518 405 11211

2006 VEH.519-2006 CHEVY MALIBU 60,149 519 401 11212

2006 VEH.520-2006 CHEVY MALIBU (BLK) 36,506 520 200 11237

2006 VEH.521-2006 CHEVY MALIBU 70,289 521 401 11404

2006 VEH.522-2006 CHEVY MALIBU 65,906 522 401 11405

2006 VEH.523-2006 CHEVY MALIBU-BLUE 48,213 523 401 11406

2006 VEH.524-2006 CHEVY MALIBU 56,792 S24 401 11403

2006 VEH.525-2006 CHEVY MALIBU 43,676 525 304 11407

2006 VEH.526-2006 CHEVY MALIBU 54,531 526 304 11408

2006 VEH.527-2006 CHEVY MALIBU 91,426 527 401 11409

3 11/15/201~ 9 9


Year !Description Mileage I Veh# I Dept Asset 2006 VEH.S28-2006 CHEVY MALIBU 63,278 S28 401 11410

2006 VEH.529-2006 CHEVY MALIBU S3,024 S29 401 11411

2006 VEH.530-2006 CHEVY MALIBU 29,892 S30 900 11412

2006 VEH.S31-2006 CHEVY MALIBU 68,36S S31 304 11469

2006 VEH.S32-2006 CHEVY MALIBU 48,SOS S32 202 11S19

2006 VEH.533-2006 CHEVY MALIBU 42,1S3 S33 304 11S20

2007 VEH.008-2007 F150 SUPERCAB 27,118 008 304 11958

2007 VEH.14S-2007 E3SO PASSENGER VAN 73,490 14S 903 12S60

2007 VEH.212-2007 CROWN VIC. 79,390 212 601 11S17

2007 VEH.213-2007 CROWN VIC. S0,37S 213 704 11S18

2007 VEH.214-2007 CROWN VIC. 76,960 214 601 11623

2007 VEH.21S-2007 CROWN VIC. 86,121 21S 601 11624

2007 VEH.216-2007 CROWN VIC. 60,043 216 601 1162S

2007 VEH.217-2007 CROWN VIC. 68,960 217 601 11626

2007 VEH;218-2007-CROWNV1C. 80;942 218 304 11627

2007 VEH.219-2007 CROWN VIC. 80,393 219 601 11628

2007 VEH.220-2007 CROWN VIC. 9S,93S 220 304 11629

2007 VEH.221-2007 CROWN VIC. 101,989 221 601 11630

2007 VEH.222-2007 CROWN VIC. 77,S67 222 601 11631

2007 VEH.223-2007 CROWN VIC. 78,270 223 903 11632

2007 VEH.224-2007 CROWN VIC. 77,97S 224 601 11633

2007 VEH.22S-2007 CROWN VIC. 11S,9S2 22S 201 11634

2007 VEH.226-2007 CROWN VIC. 78,907 226 601 1163S

2007 VEH.227-2007 CROWN VIC. 81,809 227 304 11636

2007 VEH.228-2007 CROWN VIC. 110,616 228 601 11637

2007 VEH.229-2007 CROWN VIC. 113,446 229 601 11638

2007 VEH.232-2007 F2SO PICKUP 74,70S 232 703 11614

2007 VEH.233-2007 F2SO PICKUP 126,868 233 703 1161S

2007 VEH.234-2007 CROWN VIC. 29,200 234 704 12161

2007 VEH.23S-2007 CROWN VIC. S9,141 23S 601 12162

2007 VEH.236-2007 CROWN VIC. 48,037 236 704 12163

2007 VEH.237-2007 CROWN VIC. S8,738 237 704 12164

2007 VEH.238-2007 CROWN VIC. 76,864 . 238 304 12165

2007 VEH.239-2007 CROWN VIC. S2,389 239 601 12166

2007 VEH.240-2007 CROWN VIC. 64,619 240 612 12167

2007 VEH.241-2007 CROWN VIC. 46,116 241 704 12168

2007 VEH.242-2007 E2SO CARGO VAN 31,9S8 242 402 12334

2007 VEH.S34-2007 CHEVY MALIBU 3S,844 S34 202 11616

2007 VEH.S3S-2007 CHEVY MALIBU 64,288 S3S 401 11617

2007 VEH.S36-2007 CHEVY MALIBU 93,140 S36 202 11618

2007 VEH.537-2007 CHEVY MALIBU 79,3S1 S37 202 11619

2007 VEH.S38-2007 CHEVY MALIBU S3,74S S38 113 11620

4 11/15/2012 0 0


Year I Description Mileage I Veh# I Dept Asset 2007 VEH.539-2007 CHEVY MALIBU 49,778 539 113 11621

2007 VEH.540-2007 CHEVY MALIBU 90,136 540 202 11622

2007 VEH.541-2007 CHEVY MALIBU 28,820 541 900 12144

2007 VEH.542-2007 CHEVY MALIBU 42,469 542 304 12145

2008 VEH.004-2008 CHEVY SILVERADO 22,794 004 402 13121

2008 VEH.012-2008 CHEVY TAHOE 57,263 012 702 13098 2008 VEH.013-2008 CHEVY TAHOE 54,930 013 702 13099

2008 VEH.014-2008 CHEVY TAHOE 51,734 014 702 13100

2008 VEH.146-2008 F250 PICKUP 66,658 146 703 12342

2008 VEH.200-2008 CROWN Vlc.(BEIGE) 64,367 200 100 12711

2008 VEH.243-2008 CROWN VIC. 38,969 243 612 12344

2008 VEH.244-2008 CROWN VIC. 43,329 244 601 12345

2008 VEH.245-2008 CROWN VIC. 42,800 245 704 12346

2008 VEH.246-2008 CROWN VIC. 48,763 246 601 12347

2008 VEH.247-2008 CROWN VIC. 45,062 247 601 12348

2008 VEH.248-2008 CROWN VIC. 68,320 248 601 12349

2008 VEH.249-2008 CROWN VIC. 58,281 249 601 12350

2008 VEH.250-2008 CROWN VIC. 73,574 250 601 12351

2008 VEH.251-2008 CROWN VIC. 39,143 251 601 12352

2008 VEH.252-2008 CROWN VIC. 60,493 252 601 12353

2008 VEH.253-2008 CROWN VIC. 73,090 253 601 12354

2008 VEH.254-2008 CROWN VIC. 69,654 254 601 12355

2008 VEH.255-2008 CROWN VIC. 71,919 255 601 12356

2008 VEH.257-2008 CROWN VIC. 65,975 257 601 12359

2008 VEH.258-2008 CROWN VIC. 75,160 258 601 12358

2008 VEH.259-2008 CROWN VIC. 72,476 259 601 12360

2008 VEH.260-2008 CROWN VIC. 49,256 260 601 12361

2008 VEH.261-2008 CROWN VIC. 65,082 261 601 12362

2008 VEH.262-2008 CROWN VIC. 67,669 262 601 12363

2008 VEH.263-2008 CROWN VIC. 46,692 263 601 12364

2008 VEH.264-2008 CROWN VIC. 68,056 264 601 12787


2008 VEH.267-2008 CROWN VIC. 45,483 267 601 13039

2008 VEH.268-2008 CROWN VIC. 34,712 268 601 13040

2008 VEH.269-2008 CROWN VIC. 41,292 269 601 13041

2008 VEH.270-2008 CROWN VIC. 36,222 270 601 13042


2008 VEH.273-2008 CROWN VIC. 43,893 273 601 13045


5 11/15/201~ 0 1

IRCSO FLEET

MILEAGE REPORT

Year !Description Mileage I Veh# I Dept Asset 2008 VEH.276-2008 FORD CROWN VIC. 12,956 276 601 13048

2008 VEH.277-2008 CROWN VIC. 27,142 277 601 13049

2008 VEH.278-2008 CROWN VIC. 39,507 278 304 13050

2008 VEH.279-2008 CROWN VIC. 32,492 279 704 13051

2008 VEH.280-2008 CROWN VIC. 23,966 280 304 13052

2008 VEH.281-2008 CROWN VIC. 56,462 281 304 13053

2008 VEH.282-2008 CROWN VIC. 22,195 282 601 13054

2008 VEH.283-2008 CROWN VIC. 34,178 283 601 13055

2008 VEH.284-2008 CROWN VIC. 22,537 284 304 13056

2008 VEH.400-2008 CHEVY IMPALA 25,240 400 400 13026

2008 VEH.401-2008 CHEVY IMPALA 23,180 401 500 13027

2008 VEH.402-2008 CHEVY IMPALA 40,068 402 401 13028

2008 VEH.403-2008 CHEVY IMPALA 32,393 403 900 13029

2008 VEH.404-2008 CHEVY IMPALA 21,972 404 401 13030

2008 VEH.405-2008 CHEVY IMPALA 48,167 405 401 13031

2008 VEH.544-2008 CHEVY MALIBU 30,410 544 100 12336

2008 VEH.545-2008 CHEVY MALIBU 38,939 545 113 12337

2008 VEH.546-2008 CHEVY MALIBU 31,015 546 503 12338

2008 VEH.MC1-2008 ROADKING MOTORCYCLE 10,757 MC1 612 10902

2008 VEH.MC2-2008 ROADKING MOTORCYCLE 48,795 MC2 612 10903

2009 VEH.021-2009 CHEVY TAHOE 21,838 021 702 14307

2009 VEH.022-2009 CHEVY TAHOE 11,051 022 601 14308

2009 VEH.023-2009 CHEVY TAHOE 30,218 023 612 14309

2009 VEH.478-2009 INMATE TRANSPORT BUS 14,196 478 903 14322

2009 VEH.651-2009 CHEVY TAHOE 26,238 651 405 14188

2009 VEH.652-2009 CHEVY TAHOE 53,898 652 702 13893

2009 VEH.653-2009 CHEVY TAHOE 30,174 653 702 13894

2009 VEH.654-2009 EXPLORER XLT 26,109 654 405 13875

2009 VEH.659-2009 FORD MUSTANG 61,146 659 612 13744

2010 VEH.351-2010 CROWN VICTORIA 12,236 351 601 14794













6 11/15/2012 0 2

IRCSO FLEET

MILEAGE REPORT

Year !Description Mileage I Veh# I Dept Asset 2010 VEH.365-2010 CROWN VICTORIA 14,565 365 601 14810











2010 VEH.409-2010 EXPLORER XLT 4X2 12,465 409 401 14792

2010 VEH.411-2010 EXPLORER XLT 4X2 20,366 411 401 14793

2010 VEH.665-CRIME SCENE VAN F550 CAB 2,721 665 402 14715

2010 VEH.666-2010 SUBARU IMPREZA STI 15,354 666 612 14717

2010 VEH.711-2010 FREIGHTLINER VAN 250 711 405 15456

2011 VEH.118- 2011 CLUB WAGON VAN 20,932 118 903 14791

2011 VEH.376 - 2011 CROWN VICTORIA 8,400 376 601 15594

2011 VEH.377- 2011 CROWN VICTORIA 13,736 377 601 15595









2011 VEH.388 - 2011 CROWN VICTORIA 907 388 601 15604



2011 VEH.391- 2011 CROWN VICTORIA 229 391 304 15868











2011 VEH.408 - 2011 CROWN VICTORIA 241 408 601 15884

7 11/15/2012 0 3

Year loescription

IRCSO FLEET

MILEAGE REPORT

Mileage I Veh # I Dept I Asset 2011 VEH.MC3-2011 MOTORCYCLE FLHP 6,902 MC3 612 15148

Over SOK Tot.al 99

8 11/15/2012 04

$>beriff DERYL LOAR • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION

4055 41st AVENUE VERO BEACH, FLORIDA 32960-1802 PHONE (772) 569-6700

January 4, 2012

The Honorable Gary C. Wheeler, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388

Re: Budget vs Actual Comparisons

Dear Chairman Wheeler:

Pursuant to the request made by several Commissioners at the Board of County Commission meeting held December 20, 2011, I have attached a list of the last two years' budgeted versus actual expenditures.

Also, I have attached the lists of capital requirements for Fy2011 and FY2012. Such lists of identified capital needs are routinely prepared during every annual budget preparation.

Please place this under Constitutional Officers for the January lO'h board agenda. If you have any questions or need additional information, please let me know.

Sincerely,

Deryl Loar, Sheriff

~~~ DL:heh

cc: Joseph Baird, County Administrator

The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated 205

Indian River County Sherifrs Office

2 Year Budget vs Actual Comparison

Object Description Code Budget Actual Budget Actual

2009-2010 2009-2010 2010-2011 2010-2011

011 EXECUTIVE SALARY 127,840 127,840 127,840 127,836 012 REGULAR SALARIES 23,757,281 22,372,544 21,806,932 21,898,139 014 OVERTIME 747,100 623,406 318,421 266,379 015 INCENTIVE 367,131 211,050 371,748 204,777 016 INCENTIVE, SHERIFF 1,440 1,344 1,440 1,560 021 FICA 1,904,281 1 ,735,139 1,757,960 1,668,302 022 RETIREMENT 4,590,564 4,279,385 4,466,995 4,034,419 023 LIFE & HEALTH INSURANCE 4,120,430 3,516,286 4,003,446 3,448,278 026 WORKER'S COMPENSATION 562,668 562,668 454,741 454,741

ATTRITION (1 '721 ,346) 0 0 0 ***** OTHER POST EMPLOYMENT BENEFITS 1,101,833 1,101,833 1,101,833 1,101,833

TOTAL PERSONNEL SERVICES 35,559,222 34,531,495 34,411,356 33,206,264

031 PROFESSIONAL SERVICES 1 '147,654 1,268,796 996,291 999,562 034 CONTRACTED SERVICES 1,246,390 1,204,859 1 ,305,170 1,225,365

Ol5, INVESTIGATIONS 31,960 15,555 28,310 18,676 040 TRAVEL/TRANSPORTING PRISONERS 95,990 75,388 72,046 98,899 041 COMMUNICATION SERVICES 282,787 228,327 281,061 255,991 042 POSTAGE & FREIGHT 46,813 36,740 36,227 26,415 043 UTILITIES 4,200 3,789 5,700 1,467 044 RENTALS & LEASES 134,119 83,969 140,443 78,737 045 INSURANCE 868,198 581,894 702,051 550,437 046 REPAIRS & MAINTENANCE 564,850 552,743 484,725 500,982 047 PRINTING & BINDING 7,677 4,644 8,677 5,390 048 COMMUNITY AWARENESS/EMP. DEVEL. 35,627 8,840 33,850 9,482 049 OTHER CHARGES & OBLIGATIONS 0 67 0 0 051 OFFICE SUPPLIES 203,931 182,012 163,381 160,112 052 OPERATING SUPPLIES 1,867,734 1,481,508 1,525,567 1,569,115 054 PUBLICATIONS & MEMBERSHIPS 49,268 133,068 47,746 88,708

TOTAL OPERATING EXPENSE 6,587,198 5,862,199 5,831,245 5,589,338

064 EQUIPMENT/FURNITURE/MACHINERY 0 0 0

. CAPITAL OUTLAY 0 1,750,519 0 1,442,895

99 CONTINGENCY 0 0 0 0

TOTAL CONTINGENCY 0 0 0 0

TOTAL COMPONENT 21-LAW ENFORCEMENT 42,146,420 42,144,213 40,242,601 40,238,497

206

liN [)IAN RIVER f------+1' LIDGET 2011·2012

IComp. Name No.

Law I

301 ech Unit

402

IIUN:> 9041Maint. 901 Jail

tPC

tSwitch

t Laser New vvor~d Mobile

2011· Crown 1

Mobile In-Car Video Mobile Radio Light Bars, Sirens &

AF-5 'Woi 1Lens

I Digital 1 Grade Photo Printer

ITOTALLAW!

1 A/C units

TOTAL

ITOTJl.L '-'U :IIUN AND LAW

Qty Cost Total 6441 6443 6444 Total

I 301 55 301 41

-ffi 301 1 3•11 10 3111 25 311 1

-ffi~

1 601 29 I 601 29 1 601 29 1 601 29

1402 1 1402 1

402 1 402 1 402 1

Auto Radio Other

1 ,400 77,000 77,000 77,000 1,200 49,200 49,200 6 '1 00 24,400 24,400 3,000 6,000 6,000 6,000

16,000 16,000 16,000

51~ 12,000 12,000 12,000 i,763 ~

66,000 66,000 66 000 vJ,OOO ~~~~E,O~OO ____ -r----+-~6~00~0--~6~,0~00

90,561 9C ,561 O 0 4:~ ~

22,334 5,345 3,812 1,589

. 2,500 6,950 2,500 1,500 5,000

155,005 110.548

46,081 46,081 693,767 110,548

2,500 6,950 2,500

,500 ! ,000

11 ,450 0 0

2,500 6,950 2,500

500 5 000

11450

110,548 664,691

1 110,548

46,081

.

2,500 6,950 2,500

500 000

11450

'901 8 3,399 27,193 27,193 1901 1 99,387 99,387 99,387 99,387

126,580 0 0

-

II 693,767 110,548 791,271 1, I I

207

I

I RIVER :T 2010-2011

IComp. Name No. Cost Total 6441 6443 6444 Total No. Auto Radio Other

Law I

301 Tech Unit

.

6001Law

402

tPC~ 'Rapid ID

t Laser I

301 66 301 2 301 64 301 25 301 11 301 4

1,400 3,000 1,227 2,500 1,200 6,100

92,400 6,000

71 ,528 6l ,500 1l ,200 24,400

0 0

92,400 6,000

78,528 62,500 13,200 24,400

. '·6,00o 78,528

13,200 24,400

I2011-Crown~~~======+l~601~2~5=~22~~ •• 914~5~772,~850~~~==+====t~~ 12011 Ford I 401 2 19,106 38,212 38,212 ~8,212

12011 Ford F-250 SO I 401 2 26,750 53,500 53,500 53,500

I Light Bars, Sirens & I ~01 25 1,697 42,425 42,425

I Mobile Radios 601 30 3,787 113,610 113,610 113,610

!Mobile·

cenco

Digital l12x20

IStero

• Helmet- Dual Visor

, Night Vision

I Digital

, Grade PhoJo Printer 1 work station

' AIC & Heater

:Video 'Diaital

•Work

r- Model 82 ·Device

0 601 25 5,790

611 2 .~1 4 I 611 6 I 611 18 1!1.1 1

705 1 705 1

1705 1

1!~ ~ 402 1 402 1 402 2 402 1

I 402 1 1402 1 1402 1 1402 1 1402 1 1402 1 1402 1 I 401 1

1,300 1,070 1,400 4,400

261,033 2,221

68,450 10,770

.. 2.500 11,093

6,880 16,758

1,500 4,500 5,000 5,000 3,500 1,800 3,500 1,500 2,500

22,800

0

611,062 113,610

2,600 2,600 2,600

~r---~----+--~:::~~~~-~:1:·~428000 79,200 79,200 79,200

261,033 261,033 221 2,221 2,221

61 450 68,450 10,770 10,770 10,770

0 0

,500 2,500 2,500 1' ,09l 11 ,D93 11,093

6,880 6,880 ~ 16,758 16,758 16,758 ~ 3,000 ,000

4,500 4,500 4 ,500 5,000 5,000 ,000 5,000 5,000 5,00Q 3,500 3,500 3,500

~*---r--+~~~~~:~~~~ 1,500 ,500 ,500 2,500 2,500 2,500

22,800 22,800 22,800

90,331 0 0 90,331 90,331

1,728,939 611,062 113,610 1.

I -I

Current Operations Request Comp. Name Description No. Cost Total 6441 6443 6444 Total

No. Auto Radio Other

Corrections

0 0 0 0 ~~ .. ~········ ..... ·· ···-······-..... .......................... ................................ ...............................

0 0 0 0 0

Tggl ~orrections 0 0 0 0 0

TOTALS CORRECTION AND LAW ENFORCEMENT 1,728,939 611,062 113,610 1,004,267 1,728,939

209

/OBL INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION

REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River Countv Code Section 102.04(10)(b): as a general rule, public discussion items should he limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Lawrence A. Barkett and tenants of Commercial Plaza at 21 '' Court SW and Oslo Road

ADDRESS: 2175 20'" Street, Vero Beach, Fl 32960 PHONE: 772-562-2175

SUBJECT MATTER FOR DISCUSSION: Repair of Culvert at 21'' Court SW and Oslo Road

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

~YES

~YES

EJYES

Immediate Repair

DNO DNo DNo

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? EJ YES DNO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail

~ Hand Delivered Phone

COUNTY ADMINISTRATOR:QtP>D BQ)l //. &~ ~ V Joseph A. Baird

MEETINGDATE: M'i /tS, c2tJ/::Z...

Documenl2 Board Approved 1Into6

210

LAWRENCE A. BARKETT, P.A. 2175 20th Street

Vero Beach, Florida 32960

Lawrence A. Barkett Attorney at Law

December 19,2011 Hand Delivered on December 19, 20 11

Telephone (772) 562·2175 FAX (772) 770-1979

Commissioner Peter O'Bryan Board of County Commissioners 1801 27th Street Vera Beach, FL 32960

Re: Bridge at 21" Court SW and Oslo Road

Dear Mr. O'Bryan:

RECEIVED

DEC 1 9 2011

BOARD OF COUNTY COMMISSION J

Vltl- ltl!Md J..eJII/£1

Thank you for returning my telephone can regarding the bridge located at Oslo Road and 21" Court SW. This matter was brought up on the consent agenda at the Dec. 13th County Commission meeting. There was no public hearing on this matter. We were not given any advance notice of the discussion by the Board even though my wife was in frequent contact with Mr. Mora, Mr. DeBlois and Mr. Gunther (the Indian River Fanns Water Management District). We were given the impression by the county staff that the bridge would be fixed and that the Vera South Property Owners Association, Inc. (VSPOA) would repay the county for the costs of fixing the bridge since VSPOA owns the property. It was part of the consent agenda because these were the items that were summarily dealt with.

Even though I do not have any ownership rights to the bridge, I do have an easement right to use the bridge for ingress and egress to the commercial property which my wife and I own that is directly east of the bridge. If the bridge fails there would be no ingress or egress to my property; thus, I am directly affected by the Board's decision not to fix the bridge.

I request a public hearing on this issue. This is a matter of public safety and economic survival for several business in the county. The issue of public safety is obvious. Any curious child could fall into one of the holes in the bridge. A car could get stuck. The bridge could further collapse stranding the residents and merchants. Fire trucks and other emergency vehicles would not be able to respond to emergencies. The issue of economic damages is also obvious. No customers mean no business. If the public is reluctant to cross a bridge with holes in it that means no business.

This is an operational decision. The county knows of this dangerous condition located on its Oslo Road right of way and yet, does nothing to lessen the danger of physical or economic damage that most likely will occur. It could be argued that the county was negligent in not taking action to prevent injury (either physical or economic). This is especially true since the VSPOA has offered to repay the county the cost of fixing the bridge.

211

Your Code Enforcement Officer has acknowledged that a problem exists and needs correcting. I suggest to you that the problem needs frixing now and not later to prevent physical or economic damages. The County, the Water Management District and VSPOA should work together to immediately fix and then pay for the solution to this problem.

As a citizen of the County who is directly impacted by the county's decision on this issue, I request a public hearing on the matter.

LAB/rnb

Copies to:

Sincerely yours,

Lawrence A. Barkett

Claudia Alvarez, Vera South Property Owners Association, Inc. Peter Gunther, Indian River Farms Water Management District Jennifer and Sam Basmati Fakir Azad Bill Willis Marta Pacheco

212

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird, County Administrator

Ro ert M. Keating, AICP; Comm Development Director

A6 THROUGH: Stan Boling, AICP; Planning Director

FROM: John W. McCoy, AICP, Seni?r;,'rl~r DATE: December 12,2011

I. PUBLIC NOTICE

(INFORMATIONAL)

SURJECT: Notice of Scheduled Public Hearing for Upcoming Board Meetings

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 10, 2012.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing item has been scheduled for Board consideration:

January 17,2012

I. Indian River County's Request for Special Exception Use Approval to Construct a Wireless Communications Tower at 7235 4th Street [SP-SE-11-10-13/2006100156-67107] [QuasiJudicial]

RECOMMENDATION:

The above referenced public hearing item is provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM: Indian River Co. Ap]l.t.oved Date Admin. 1\ ~ 1/.5/I:;J.-Legal ,)>.. I- ]:>-t;z Budget 1ft\ I 14 IZ.. Dept. J, .A .Al/ h 'f'/1( RiskMgr. --"'

F:\Community Development\Users\CurDev\public hearings\BCC\20 12\ 1·1 0-12 public hearing notice to board.doc 1 213

GENERAL SERVICES PARKS DIVISION I :AtL

Date:

To:

Thru:

From:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

January 4, 2011

Assistant County Administrator I Department of General Services

The Honorable Board of County Commissioners


Michael C. Zito, Assistant County Administrator#

Approval of Bid Award for IRC Bid #2012015 Contract Services for Beach Parks Maintenance

BACKGROUND

On September 6, 2011, the Board of County Commission authorized staff to issue an invitation to bid the privatization of the janitorial and landscape maintenance functions of the County's beach parks and beach access points. As disclosed in this year's Budget Message, the County Administrator requested County Departments to review areas within their budgets in order to determine whether savings can occur for the upcoming and future years. Specifically, the 2011112 Budget Message reveals that "Staff plans to evaluate privatization of some services including beachfront park maintenance." The Parks Maintenance Complex is centrally located at 5500 77th

Street. The Parks Division presently maintains over 40 parks throughout the county including five county beach parks and three beach access points. The Parks Maintenance Division currently opens and closes the Parks daily including weekends and holidays. Staff currently performs all janitorial operations consisting of daily cleaning and servicing the restrooms as well as the collection and disposal of all trash. Mowing, edging, trimming, landscape replacement, and general park maintenance is provided weekly. Other maintenance and repairs are done on an as needed basis and would continue to be performed by the Parks Division.

DISCUSSION AND ANALYSIS:

In order to ensure that the current level of service is maintained, County staff will remain diligent in monitoring the successful bidders' performance to require that all work is completed timely and to the County's satisfaction. As stated in the Technical Specifications of the bid, "it is the intention of the County to obtain the services as specified herein from a Contractor that will provide prompt and convenient service. The awarded Contractor must be capable to perform as required under the responsibilities as listed. Any failure of a successful bidder to comply with these conditions will be cause for termination should a successful bidder be unable to perform on a timely basis."

The results of the bid process appear below and the Bid Tabulation Sheet is included as Attachment #2.

F:\Assistant County Administrator\AGENDA ITEMS\2012\BCC 01-JAN 2012\BCC Memo- Contract Services for Beach Parks Maintenace Revised l-4-2012.doc 214

Board of County Commissioners January 4, 2012 Page Two

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

October 12, 2011 November 4, 2011 at 2:00p.m.

• 440 Vendors 65 Vendors 23 Vendors

*The Purchasing Division also contacted, most local vendors listed in the Yellow Pages under the respective service categories. (See Attachment# 1) Some telephone numbers were no longer in service; some did not return the call. The bid advertisement was forwarded to all those that expressed an interest.

Landscaping Maintenance Bids: The bid solicitation requested separate bids on Janitorial and Landscaped Maintenance with an option to submit a combined bid for both services. The lowest bid on the Landscape Maintenance service was received from Faith Construction Group Inc. of Deland, Florida at $15,000 annually; however, upon learning that they would not be selected as the lowest bidder on the Janitorial service, Faith withdrew their combined bid of $88,000 annually. The next lowest bidder for the Landscape Maintenance service is Integrity Lawn and Landscaping of Okeechobee, Florida with a bid of $15,120 annually. Staff has interviewed the principal owner of Integrity and checked references resulting in a recommendation to award a 2 year contract to Integrity as the lowest and

· most responsive bidder.

Janitorial Maintenance Bids: R & S Anderson Lawn Service, Roseland, FL was the lowest bidder in the amount of $54,000.00 annually; however, staffs evaluation and interview of the principal owner of R & S revealed no experience in janitorial maintenance leading to determination that R & S is not the most responsive bidder. R & S has experience exclusively in the lawn maintenance business. The next lowest and most responsive bidder is Bora Building and Property Maintenance Inc. in the amount of $56,641.61 annually. Staff has interviewed the principal owner of Boro and checked references resulting in a recommendation to award a 2 year contract to Boro as the lowest and most responsive bidder.

Cost Comparison Tables and Financial Analysis Prior to the bid opening, staff developed an estimate of cost of providing these services with Parks Division employees and equipment. The table below provides a comparison of the recommended bids to the in-house costs for landscaping maintenance and janitorial maintenance services individually and collectively. Please fmd a report providing detail on the estimated in-house costs summary included as Attachment 3.

Table 1 c ompanson o I s to n-fB"d I H ouse ost stimate C E .

Estimated Recommended Estimated Description of Services In-House Cost Bid Amount Savings

Landscaping Maintenance Only $94,277 $15,120 $79,157 ·---··--·--·--·----·-----------·-·-----------------··-·-·--·-·-· ·----------·-··-------------·-· ·------------------------· f-··-·----·-···-···----Janitorial Maintenance Only $142,855 $56,642 $86,213

Landscaping and Janitorial Maintenance $235,375 $71,762 $163,613

C:\Documents and Settings\kjiruska\Local Settings\ Temporary Internet Files\Content.Outlook\IlFZZGQK\BCC Memo- Contract Services for Beach Parks Maintenace Revised l-4-2012.doc 215

Board of County Commissioners January 4, 2012 Page Three

Please note, the estimated costs were based upon the fiscal year 2011/12 budgeted amounts. Staffing estimates were determined based upon the total number of man hours of work required to perform the duties in the respective scopes of services for the bid as provided by Parks Division staf£ The salaries and benefits are the budgeted amounts (FY 2011/12) for the least senior employees in accordance with the Teamsters Union contract. As shown above, the award of bids for landscaping maintenance and janitorial maintenance would provide an estimated savings of $163,613 on an annualized basis. Based upon an estimated implementation date of February 1, 2012, the savings for fiscal year 2011112 would be approximately $109,075.

The recommended bid awards would result in a reduction of four ( 4) full-time positions in the Parks Division. A detail of the position changes is provided in the table below:

Table 2 Detail of Position Eliminations

Salaries & Position Description Status Salaries Benefits Benefits

Foreman FT $39,863 $18,524 $58,387 ---------"----------·-·--·--·---·-------- ---------------·-· ·----·--·--··-·-·-·--·--------· ----------Maintenance Worker FT $24,483 $12,627 $37,110 -----------------···--·------------------ r------------·-· ·-------·--------- -----------· Maintenance Worker FT $24,483 $15,507 $39,990

······---------·-----------··----·-------·------------------------·----·- ------·--·-----Maintenance Worker FT $24,483 $15,507 $39,990

Subtotal $113,312 $62,165 $175,477

G&A Charge (9.7766% of salaries & benefits) $11,078 $6,078 $17,156

Total Estimated Costs $124,390 $68,243 $192,633

FUNDING: Funding for these expenses will be provided from within the existing Parks Division budget based upon personnel and equipment savings from the privatization of these services.

Account Information: General Fund I Parks/ Other Professional Acct: # 00121072-033190 Services

RECOMMENDATION: Staff recommends awarding the Janitorial Maintenance portion of this bid to Boro Building and Property Maintenance Inc. in the amount of $56,641.61 annually as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

Staff recommends awarding the Landscape Maintenance portion of this bid to Integrity Lawn and Landscaping, Okeechobee, FL in the amount of $15,120.00 annually, as lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

F:\Assistant County Administrator'v\.GENDA ITEMS\2012\BCC 01-JAN 2012\BCC Memo- Contract Services for Beach Parks Maintenace Revised l-4-2012.doc 216

Board of County Commissioners January 4, 2012 Page Four

Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ·

ATTACHMENTS: 1. List of Local Vendors given advance notification (two pages) 2. Bid Tabulation- Results of Bid Opening dated 11/4/2011 3. In-house Cost Estimate Swnrnary- Beach Parks Privatization Bid 4. Sample Agreement (two pages)

Indian River Countv AJ) wved Date Administration j.)

Jos County Attorney /Jtr/" County Administrator ~B~u~d~gecl~~------+-~~( ~

Department i/4J /2. I 1"1 It"'

For: __ J..,an"""u""ary'-'--'1'-'0'-'-, -"'2"'-0 ..,12;:__ ___ _ Risk Management '

F:\Assistant County Administrator\AGENDA ITEMS\2012\BCC 01-JAN 2012\BCC Memo- Contract Services for Beach Parks Maintenace Revised 1-4-2012.doc 217

co

Local Vendors Contacted for ITB 2012015

,gllc@y .

................ !JRY ............ . !YDD.~~!.~.~-~!DB.@.

orooserv@ oovliles@g

@beachlandcleaning

ggie@

pletecleaning@

ljf!_y@jandjmanag'

,jordansprinkler@

P.9.~.fP..Y.: ...... ·ganic@

~ n ~ 2::: tT1

~ * ,_..

Local Vendors Contacted for ITB 2012015

···························································:···········i~'~'d'{a;'''''''''''''''''''''''''''''''''''"'''''" .. "''"'''

@comcast.net/cmrcs@ @g

~;~~~~~;··· !::~=~~

N -(.0

::c ~ tT1

~ * >--'

'>a ~ N

g, N '-'

Updated Bid 2012015 Results:

Lawn Service

N ~"-:) C:\Documents and Seltlngs\svocd\Local Settings\Temporlll)' Internet Files\Content.Outlook\EXOSHRUD\Bid Verification Memo 2012015.doc

0

NB NB

~ n :r; ~ tTl

~ * tv

ATTACHMENT #3

Beach Parks Privatization Bid In-house Cost Estimate Summary

Description

Position Eliminations:

Salaries

Benefits

Subtotal -Salaries & Benefits

Equipment/Supplies:

Fuel

Depreciation

Miscellaneous

Subtotal-Equipment/Supplies

Total

Beach Parks Estimate

Janitorial &

Janitorial Only Landscaping Only Landscaping

$77,276 $44,002 $124,390

$44,113 $28,999 $68,243

$121,389 $73,001 $192,633

$6,520 $10,090 $16,609

$3,082 $5,395 $8,478

$11,864 $5,792 $17,655

$21,466 $21,276 $42,742

$142,855 $94,277 $235,375

Note: Estimate based on information provided by Parks Department. The total of the landscaping only estimate and the janitorial only estimate is different than the total for both tasks. This is due to the fact that the position changes necessitated by the outsourcing of these tasks individually will be different than position changes that will occur if both tasks are · outsourced.

11/3/2011 DRAFT F:\Budget\Kristin\Parks\Parks Privatization Estimate-FINAL

221

ATTACHMENT #4 I Sample Agreement (Page 1 of 2)

AGREEMENT (Sample)

THIS AGREEMENT made and entered into this _____ day of _______ _ 20

___ ,by and between _________________________ _

hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER.

WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below:

Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid# 2012015

Contract Services

CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum

~ ~ ),ill~

the necessary labor, material, and equipment to perform the work described in accordance with the

Contract Documents.

Article 2. TIMB OF COMPLBTIOH

Article 3. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications.

The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder.

Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein.

222

ATTACHMENT #-4 I Sample Agreement (Page 2 of 2)

Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form.

Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a monthly payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion.

In accordance with the Florida Prompt Payment Act, after receipt of the an invoice and acceptance of the work by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount.

Article 6. THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein.

Article 7. VENUE

This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

(Contractor) (Owner)

Indian River County, Florida

President . BCC Chairman

Witnessed by: ___________ _ Approved by BCC ______ _

Attest: APPROVED Jeffrey K. Barton, Clerk of Circuit Court

Joseph A. Baird, County Administrator By:_--=---=-:------

Deputy Clerk

Approved as to Form and Legal Sufficiency

BY County Attorney

223

I~G-.L.

To:

Date:

Subject:

From:

Indian R.iver County Inter-Office Memorandum

Office of Management and Budget

Joseph A. Baird County Administrator

January 4, 2012

Vero Beach Sports Village Soccer Field Cost Estimate Increase

Jason E. Brown Director, Management & Budget

Background and Conditions

Departmental Matters

On May 1, 2009, the Board of Commissioners approved an agreement with Minor League Baseball (MiLB), now Verotown, LLC, to lease the Vera Beach Sports Village (formerly Dodgertown) for an initial period of five years with two additional five-year renewal options. This lease included a provision requiring the County to construct facility improvements consisting of: the addition of field lights to four (4) of the existing playing fields and the conversion of two (2) existing half-fields into youth-dimensioned playing fields. County staff has estimated construction costs of $1,890,000 for the improvements in the original lease.

On May 3, 2011, the Board of Commissioners approved the first amendment to the facility lease agreement with MiLB. The amendment changed, among other things, the required facility improvements. Under the amendment, the County is required to construct improvements consisting of: the addition of field lights to two (2) of the existing playing fields, the construction of a cloverleaf of four (4) youth dimension baseball fields, and the construction of a regulation size soccer field. Staff has estimated that these improvements will cost approximately $3,120,500. Therefore, the amendment resulted in an increase of about $1,230,500 from the original agreement. Please see the attached schedule showing the cost estimates for the improvements per the original agreement and the amended agreement.

Construction of the field lights at the two existing playing fields is complete. Cloverleaf construction is underway, and should be completed in April 2012. MiLB has requested that the soccer field be increased in size from the agreement as amended May 3, 2011, which requires the construction of a regulation size soccer field. It should be noted that the size of a soccer field can vary, however staff had planned for a 60 yard by 100 yard field. This results in a field totaling 54,000 square feet. After providing a 20' perimeter around the field for bleachers, spectators, and common areas, the total area increases to 7 4,800 square feet. MiLB has requested a field that is 134,400 square feet, which is larger than a regulation size soccer field. Staff had originally estimated the cost of the soccer field at $100,000 for the regulation size field. Bill Bryant & Associates, the contractor for the cloverleaf, has provided a cost estimate of $226,825.20 for the larger sized field. With the addition of a 10% contingency, the estimated cost would be approximately $250,000. Bill Bryant & Associates has also provided a cost estimate of $122,291 for the 74,800 square foot field. Please see the table below for a breakdown of the originally budgeted costs and the revised budget/actual cost of the improvements under the revised agreement:

224

Board of County Commissioners Page 2 of 2 January 4, 2012

Table 1 VBSV Facility Improvement Cost Comparison

Original Budget vs Revised Budget/Actual Cost

Original Revised BudgeU Improvement Descrij)tion Budget Actual Cost Addition of lighting for two (2) existing fields

$882,500 $693,725 (class AAA standards) ---·------ . ------·---·-····--·-----f- . --·--··--·-·-··-----

Cloverleaf of four (4) youth dimension fields $2,138,000 $2,325,000

Increase (Decrease)

($188,775)

$187,000 !-·-----·----------------··-·--------·- --·-----------·----·--·--·--·--···----·--Regulation size soccer field $100,000 $250,000 $150,000

Total Facility Improvement Costs $3,120,500 $3,268,725 $148,225

Alternatives

Alternative 1 - Authorize the additional costs for the larger size fields. This results in an increase of $148,225. Funding will be provided by Optional Sales Tax - Cash Forward. Additionally, authorize the necessary budget amendment to allocate funding.

Alternative 2 - Proceed with the regulation sized field in accordance with the agreement. Based upon the $122,291 estimate, staff recommends a revised budget of $130,000. This results in an increase of $28,225. Funding will be provided by Optional Sales Tax - Cash Forward. This leaves funding unchanged from the original estimate of $3,120,500.

Staff Recommendation

Staff recommends Alternative 2 - Proceed with the regulation sized field in accordance with the agreement. Based upon the $122,291 estimate, staff recommends a revised budget of $130,000. This results in an increase of $28,225. Funding will be provided by Optional Sales Tax- Cash Forward. This leaves funding unchanged from the original estimate of $3,120,500.

Attachments

Vera Beach Sports Village Estimated Improvement Costs Worksheet First Amendment to Facility Lease Agreement

VED AGENDA IT~:. 1

4~ J seph A Baird

County Administrator

FOR: January 10, 2012

Indian River County

Administrator

County Attorney

Budget

Department

Risk Management

Approved Date

~ l< 3 1/5/la.. IJ/i d ) L '7- /"!-...

(fitS 1{4\1'2-)

225

N N 0')

Vero Beach Sports Village Estimated Improvement Costs

Cost Estimate for Original Improvements per Facility Lease Agreement

Original cost estimate to light four (4} fields 111

Current estimate to light four (4} fields to class AAA standards per

MiLB agreement 121

Current estimate to convert two (2) half-fields to youthdimensioned fields

Total current estimate of original facility improvements

Cost Estimate for Revised Facility Improvements

Current estimate to light two (2) fields to class AAA standards 121

Estimate to build a four-field cloverleaf of youth-dimensioned

fields with lighting 1' 1

Build one (1) soccer field on property

Total current estimate of revised facility improvements

Original Budget

$1,080,000

$1,765,000

$125,000

$1,890,000

$882,500

$2,138,000

$100,000

$3,120,500

Draft

F:\Budget\Jason\Dodgers\Facility Improvement Cost Estimate 2009 vs. 2010.xlsx

Revised

Budaet/Actual

Costs

$693,725

$2,325,000

$250,000

$3,268,725

Over/( Under/

($188,775)

$187,000

$150,000

$148,225

1/4/2012

2157035

Prepared by, record and return to:

THIS DOCUMENT HAS BEEN RECORDE8 IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2517 PG:588, Page1 of 8 08/11/2011 at 02:55PM,

Office of the County Attorney !80!27th St., Vera Beach, FL 32960 Telephone: 772.T26.1424 JEFFREY K BARTON, CLERK OF

COURT

FIRST AMENDMENT TO FACIT..ITY LEASE AGREEMENT

THIS FIRST AMENDMENT is made and entered into as of the 1st day of June, 2011 to that certain Facility Lease Agreement by and between Indian River County, a political subdivision of the State of Florida ("County") and MiLB Vero Beach LLC, a Florida limited liability company ("MiLB"), dated as of May 1, 2009 ("Agreement").

WHEREAS, as of May 1, 2009, County and M'JLB entered into the Agre=ent whereby County leased to MiLB the Land, the Facility and the FF&E, and transferred to MiLB the exclusive right and obligation to use, manage, operate and maintain the Facility for the term set forth therein; and

WHEREAS, based upon further negotiations between the parties and with the City of Vero Beach, Florida ("COVB"), the parties desire to amend the Agreement with respect to the Land, the Parldng Lease and the Parldng Property, the Improvements, and other related matters.

NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows:

1. Recitals. The above recitals are true and correct and are incorporated herein.

2. Definitions. Except as set forth herein, all capitalized terms herein shall have the same meaning as set forth in the Agreement

3. Land. The definition of "Land" as set forth in section 1. 02( q) is hereby amended, as follows: (a) the real property described on Exhibit A attached hereto is added to the definition of ''Land" and is therefore subject to all terms and conditions of the Agreement, and (b) the real property described on Exhibit B attached hereto is removed from the definition of "Land" and is therefore no longer subject to the terms and conditions of the Agreement.

4. 1\fiLB Events. All references in the Agreement to "Dodgers Events" are hereby changed to "Dodgertown Events," and new section 1.02(bb) is added as follows: "Dodgertown Events" shall mean any and all events and activities held on the premises of the Land and Facility including, without limitation, sports and non-sports related events and activities, meetings and conferences, whether such events and activities are conducted by County, MiLB or any third party using all or a portion of the Land and Facility with the consent of County or MiL B.

Page I of4

227

5. Parking. The provisions of the Agreement relating to parking are amended, as follows:

(a) section 1.02(v) is deleted and Teplaced with the following: "Parking License Agreement means the Parking License Agreement entered into as of June 1, 2011 by and between the County and COVB which, inter alia, governs use rights for the City Parking Property,"

(b) section 1.02(w) is deleted and replaced with the following: "City Parking Property shall mean the real property subject to the Parking License Agreement, and Facilitv Parking Property shall mean the following areas contained within the Land: (i) the real property which has historically been used for parking in connection with activities and events held at the facility, (ii) those portions of the four (4) baseball practice fields and two (2) half baseball practice fields which are suitable for parking, and (iii) other accessible and open areas which are suitable for parking; and

. (c) section 6.05 is deleted in its entirety and replaced with the following: "Parking. The City Parking Property is owned by the City, subject to the terms and conditions of the Parking License Agreement, and the Facility Parking Property is owned by the County, subject to the terms of this Agreement. MiLB shall have the right to use the City Parking Property for Dodgertown Events in accordance with the terms and conditions of the ParKing License Agreement, which terms and conditions are hereby approved and accepted by MiLB. MiLB acknowledges that its right to use the City Parking Property for Dodgertown Events could be terminated by COVB in accordance with the terms and conditions of the Parking License Agreement. In such event, MiLB agrees that the Facility Parking Property is and will be adequate for all parking purposes relating to its use and operation of the Land and Facility. Upon expiration or termination of this Agreement, all rights of MiLB to use the City Parking Property or the Facility Parking Property for any purpose shall terminate."

6. Improvements. The provisions of the Agreement relating to Improvements are amended, as follows:

(a) section 1.02(o) is deleted in its entirety and replaced with the following: "Improvements means the improvements constructed or to be constructed on the Land and Facilities during the term of the Agreement, or any extension thereof, consisting of the addition of field lights to two (2) of the existing playing fields in 2011, the construction of a cloverleaf of four (4) youth dimension baseball fields on the real property described on Exhibit A attached hereto in 2011, and the construction of a regulation size soccer field in the area of practice field number four in 20 11." and

(b) section 8.03(a) and (b) are deleted in their entirety and replaced with the following: "Immediate Facility Improvements.

(a) County, at its expense, will add field lights to two (2) existing playing fields in 20 11 and will construct a cloverleaf of four ( 4) youth dimension baseball fields on the

C\U~~I:I\Jpoky\Aj>pll<zJa\Ux:ai\M/..,.,..,ji\WII><fo,...rlTU<ponzryln!.~met FllulOu::cBFS\FIJ!ST .AMENlJMENT 10 P'.AClurT lZASE.AGREEMENr.drx:::r: . page 2 of 4

228

real property described on Exhibit A attached hereto in 20 11. · Field lighting for the two (2) existing playing fields shall meet the requirements of Class AAA and Class AA field lighting for a new facility which are 1 OOfc (foot candle) average in infield and 70fc average in outfield. County shall not pay for these improvements out of the Capital Reserve Account;

(b) County will construct a regulation size soccer field in the.area of practice field number four in 2011 at its expense. County shall not pay for this construction out of the Capital Reserve Account." ·

7. Good Standing- No Violation. County and MiLB agree that, as of the date hereof, the Agreement is in good standing, neither party is in violation or de:fu.ult of any provision of the Agreement, and both parties are in full compliance with all provisions of the Agreement.

8. Conforming Terms. All remaining terms and conditions of the Agreement are hereby conformed to be consistent with the amendments set forth herein.

9. Remaining Terms. All remaining terms and conditions of the Agreement not amended or conformed herein shall remain in full force and effect.

10. Recordation. A copy of this First Amendment shall be recorded on the Public Records of Indian River County, Florida.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above.

ATTEST: Jeffrey K. Barton, Clerk of Court

AFFIX SEAL:

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("County")

Approved by BCC: May 3, 2011.

Approved as to form and legal sufficiency:

Page 3 of4

229

Signed, sealed and delivered in the presence of:

Print name: t!<>cne Adqm s

STATE OF FLORIDA COUNTY OF INDIAN RIVER

MiLB VERO BEACH LLC, a Florida limited liability company ("MiLB "), by National Association of Professional Baseball Leagues, Inc., a Florida nonprofit corporation, its managing member

The foregoing instnnnent was <l.Cknowledged before me this ZC. day of ~ , 2011, by 0. Scot!- r::bkl( , the SerlloY Vtce. Pre.stdtrtro National Association of Professional Baseball Leagues, Inc., a Florida non-profit corporation, managing member of MiLB VERO BEACH LLC, a Florida limited liability company,% who is personally known to me, or 0 who has produced , as identification, who did not take an oath.

NOTARY PUBLIC, State of Florida

Sign: Print:~~~~~~~~~~~--State of [SEAL] Co=ission No: DD 81 8 Lfl_3 Commission Expires: M§ . t : 2..0 I!>

Page 4 of4

230

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES

AGENDA ITEM

Date: December 20, 2011

Joseph A. Baird, County Administrator ' ~·

W. Erik Olson, Director of Utility Service~\ To:

From:

Prepared & Terry Southard Staffed By: Operation Manager

Subject: Work Order No. 1 - Professional Services to Kim ley-Horn & Associates, Inc. for Membrane Replacement for North RO Skids #1 and #2 and Product Water Quality Evaluation at North and South RO Water Treatment Plant

BACKGROUND:

The North County Reverse Osmosis plant (NCRO) was put into operation in April 1998 with two membrane skids consisting of 576 membranes. These membranes are nearing the end of their efficient operating time span. Kimley-Horn is a qualified consulting engineering firm with expertise in all phases of reverse osmosis water production plants. To facilitate the potential replacement of the membranes we need the following to be done by Kimley-Horn:

• Evaluate the existing membranes to determine if they need to be replaced. • Assist the County with specifications for the bidding of replacement membranes and

implementation • Review Indian River County's process of finished water stabilization. New membranes will be

selected to help enhance finished water stabilization before it goes into the system.

ANALYSIS:

Kimley-Horn and Associates scope of services will include 5 tasks to evaluate existing membranes and finished water quality.

• Task 1 will review performance of existing RO membranes. • Task 2 will consist of evaluation of finish water stabilization techniques. • Task 3 will comprise of scope of work for technical specification for membrane replacement. • Task 4 work with Purchasing Department to bid out specifications, review submitted bids, and work

with the County to select the lowest responsive bidder. • Task 5 is to assist County with the installation and start up of the new membrane.

ACCOUNT INFORMATION:

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.

F:\Utilities\UTILITY- EMPLOYEE FOLDERS\ Terry Southard\Agendas\Agenda- Kimely Hom Membrane Replacement Water Quality Evaluation December 21 2011 AP v2.doc

231

RECOMMENDATION:

Staff recommends that the Board of County Commission approve attached Work Order 1 to Kimley-Horn and Associates in the amount of $42,300.00 as presented.

ATTACHMENTS:

Attachment A: WorkOrderNo.l

APPROVED FOR AGENDA: Indian River Co. Ap~ved Date

Administration JJ ifd/?-Utilities l ~ rJ" ,------ Iii"> <-Budget ( ~ I{?. 12-.. Legal .~~ I J. (l-

Risk Manager

F:\Utilities\UTILITY- EMPLOYEE FOLDERS\ Terry Southard\Agendas\Agenda- Kimely Hom Membrane Re lacement Water uali Evaluation December 21 2011 AP v2.doc

232

WORK ORDER· NUMBER _1_

This Work Order Number _1_ is entered into as of this __ . day of ,.----,.....___,.~· 2011_, pursuant to that certaiil Continuing Contract Agreement for Professional S.ervices e.ntered into as of November 15, 2011, (the "Agreement") by and between INDIAN RIVER .CQ.tJNTY. a. pqlitical sub.d.ivision of the State of Florida ("COUNTY") and KIMLEY·HORN AND ASSOCIATES, INC. ("CONSULTANT").

The COUNTY has selected tbe ConsUltant to perform the professional services set forth on Exhibit t {Scope ofWork}, . attached to this Work Order aild made part hereof by this reference. The profession<~l $ervipes wif! pe performed by the Consultant for the fee schedi.Jie set forth in Exhibit 1 (Fee Schedule), attached to· this Work Order ;and made a part h.ereof by thts reference. The ConstHtant Will perform the professional services within the timeframe more J)).;articularly set forth in E•xhibit 1 {Tirne S'chedule), attached to this Work Order and made a part her€0tby fhis reference ali in <:~ccordance wifh the terms and provlsions setfomh .in the Agreement .. Pursuant to. pat~grapll. 1.4. of the Agreement, n0thiog. contai11ed it:J any V\1¢rk Order shall. conflict with. the terms uf the. A~reement and the tefTr'IS of th$ A!1Jreement sball be deem.!3d ~ be iilcorporafed in each indivltJUal WGrk Order as if'fully setforth herein.

IN WITNESS WHEREOF, the part1es hereto have executed this Wo.rk Order as ·of the date firstwritten above.

BOARO OF OO.UNTY COMMISSIONERS OF INDIAN RIMER COUNTY

BOG Approved D<i~te: _____ _

Attest J.K. Barton, Clerk of Court

By ___ -=---=--=---~--Deputy Clerk

233

EXHIBIT#1

Work Order Number 1

Membrane Replacement for RO Skids #1 and #2 and

Product Water Quality Evaluation

North (Hobart) RO Water Treatment Plaut

Project Understanding

The existing membranes on skids #I and #2 at the Hobart water treatment plant are nearly 13 years old and should be considered for replacement. The existing skids are a 32xl6 two-stage array consisting of 288- 8-inch diameter membrane elements each. Replacement will consist of removal and disposal of the existing elements, swabbing/cleaning of the existing pressure vessels, disinfection of RO skid product piping, installation of new membrane elements, flushing, and startup and testing of new membranes. The work will be performed by an original equipment manufacturer (OEM) who has experience performing this type of work. The work will be publicly advertised for bidding through Indian River County (IRC) purchasing department.

This work order will also consist of evaluating the impact of membrane selection on the finish water quality of each of the RO plants (North Hobart and South Oslo Rd) and evaluation of alternative finish water stabilization techniques. Based on technical reports from Carollo prepared in May 2006 and February 2011, the finish water at both facilities exhibits scaling and corrosive tendencies which warrant further consideration. hnprovement to finish water quality through increased hardoess and alkalinity techniques is recommended and will be evaluated as part of this work order.

SCOPE OF SERVICES

The following scope will consist of finish water quality evaluation and a two-phase membrane replacement program.

MEMBRANE EVALUATION

The frrst phase will be conducted to determine if membrane replacement is determined to be reasonably necessary. If the results of Phase I indicate membrane replacement is recommended, then the Phase 2 scope of services will be performed to replace membranes. Phase 1 will consist of reviewing the existing plant operating information. Phase 2 will consist of preparation affinal membrane replacement scope of work, bidding phase, and observation of installation and implementation of membrane replacement.

Task 1- Review Performance of Existing RO Membranes

Initial review of some of the plant operating data suggests the older membranes provide better or lower permeate conductivity water, but at a higher operating feedpressure. There also appears to be a few anomalies between the older and newer RO skids in terms of performance consisting of overall rejection, feed pressure, pressue drop (dP) across the RO skid membranes, and proflle

K:\WPB _ Civil\General\Miller\Indian River County\Hobart Membrane Replacement rev3 with FW Stabilization.docxPage 1 of2 3 4

data.

Consultant will collect information and review documentation furnished by IRCU staff, consisting of skid operating historical data, membrane projections, projected and actual water quality data, and membrane specifications.

Consultant will conduct a three day review ofthc two existing RO skids and two of the newer RO skids, consisting of collection of profile data, reviewing calibration and performance data on the flow meters (orifice plates with pressure transmitters), witness flow meter verification against clearwell fill rates and feedwater pump performance, review flow meter installations, startup membrane performance data, and historical trend data which may be available. Owner shall furnish startup data, shop drawings and cut-sheets of equipment installed, and calibration data of flow meters and conductivity transmitters.

Consultant will discuss with Dow Filmtec the membrane performance differences observed between the older and newer membranes.

Consultant will prepare a summary of fmdings and provide a recommendation of the next course of action beyond what is listed in phase 2, if any, to take. Consultant will provide these recommendations in writing and attend one meeting to discuss findings.

FINISH WATER STABILIZATION EVALUATION

Task 2- Evaluate Finish Water Stabilization Techniques

Consultant will review reports and historical information (Carollo Reports May 2006, Feb 20 II, AWC SEM & FT -IR Nov 2011 Report) on corrosion issues related to both the North and South RO water plants.

Consultant will meet with IRC Utilities staff to define finish water quality goals which are consistent and aligned with finish water stabilization techniques. Table 2 of the May 2006 Carollo report will be used as the basis for this task.

Consultant will evaluate alternative membranes which may provide enhanced permeate alkalinity and hardness. Consultant will evaluate membrane selection with up to two membrane suppliers.

Consultant will evaluate two (2) fmish water stabilization techniques to enhance both hardness and alkalinity. Consultant will define the elements of each, advantages and disadvantages of each, and opinions of cost to implement at each facility and provide a summary table of these alternatives.

Consultant will evaluate a reduction in blend ratios which will affect product water quality. A reduction in blending of raw water may be needed to achieve a reduction in finish water system THM/HAA's that are consistent with IRCU's stage 2 disinfection byproduct study. Since a reduction in blend ratios will affect plant capacities, blend ratios reductions will only be evaluated to the extent of increasing RO production or recovery to offset these reductions.

Consultant will prepare a summary report of our findings, submit electronic copies to IRCU staff for review, and attend one meeting to discuss these findings.

K:\WPB_Civil\General\Miller\Indian River County\Hobart Membrane Replacement rev3 with FW Stabilization.docx:Page 2 of~ 3 5

PHASE 2- MEMBRANE REPLACEMENT

Task 3 -Prepare Scope of Work

Consultant will utilize electronic file of draft scope prepared by IRCU staff as a basis for preparing technical specifications for membrane replacement. Consultant will finalize membrane replacement specification and prepare scope of work as described in project understanding.

Consultant will review scope of work and technical specifications with Owner and identify specific areas in the proposed work, which might be of interest to IRCU staff.

It is assumed that a permit is not required to replace membranes and that only a notification to the DEP agency is required prior to commencement of their replacement, per FDEP 62-555.520. Consultant will prepare and submit a notification letter to FDEP.

Task 4 -Bidding Phase

Consultant will prepare electronic copy of document for IRC purchasing department to be utilized for bidding purposes. It is assumed that only text files will be used and no CADD drawings will be produced. IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. The Consultant will respond to OEM questions and prepare an addendum, if required, which will be distributed to all the contract document holders by IRC purchasing dept.

Consultant will review bids, provide a summary of comments, and a letter that identifies the lowest responsive, responsible bidder.

Task 5- Observation and Startup

Consultant will attend a pre-work meeting with the selected OEM and IRCU staff to discuss the scheduling and scope of work the OEM will perform.

Consultant will review submittals on membrane elements and respond to OEM and IRCU staff with comments.

Consultant will provide up to two days of on-site observations of membrane installation in an effort to track and monitor loading of the membrane elements.

Consultant will provide up to two days of startup observations, consisting of review of profile data, membrane system performance, and water quality test results in order to determine if membrane performance meets the technical specifications.

TIME SCHEDULE

Consultant will conduct Task 1 and 2 within 4-6 weeks from notice to proceed. Consultant will prepare final specifications (Task 3) within three (3) weeks of notice to proceed. Assuming bidding phase is up to 4 - 6 weeks, it is assumed that Task 5 can be completed within 4- 6 weeks after OEM selection.

K:\WPB _ Civil\General\Miller\Indian River County\Hobart Membrane Replacement rev3 with FW Stabilization.docxPage 3 of2: 3 6

FEE SCHEDULE

We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, with Indian River County.

The Consultant will provide professional services for Task I through Task 4 on a lump sum fee basis as follows:

Task No. Task Task Fee PHASE I

Taskl Review Existing Performance $ 8,800 Task2 Evaluate Finish Water Stabilization Techniques $17,000

PHASE2 Task3 Prepare Scope of Work $ 4 500 Task4 Bidding Phase $ 4,000 TaskS Observation and Startup $ 8,000

Total Lump Sum Fee= $ 42,300

ADDITIONAL SERVICES

The following services are not included in the Scope of 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:

• Design drawings of any modification to the RO skids • Permit applications for any plant component additions which may be necessary.

K:\WPB_Civil\General\Miller\Indian River County\H.obart Membrane Replacement rev3 with FW Stabilization.docxPage 4 of2: 3 7

Date:

To:

From:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

December 16, 2011 REGULAR AGENDA ITEM

Joseph A. Baird, County Administrator / . / ~

W. Erik Olson, Director of Utility Service~ r--Prepared By: Michael C. Hotchkiss, P.E., Capital Projects Manager Jl/ f.l Subject: Consideration of Consultant Contract for Utilities Department Community

Development Block Grant Neighborhood Revitalization Administrative Services for Sanitary Sewer and Drainage Improvements in the West Wabasso Community

BACKGROUND:

On July 19, 2011, the Board of County Commissioners (BCC), at an advertised public hearing, directed staff to apply for a $750,000 Community Development Block Grant (CDBG) in the Neighborhood Revitalization category. At that time, the BCC also authorized staff to issue a Request for Proposals (RFP) to select a consultant to administer the grant, if awarded. The grant funds are to be used towards the construction of gravity sewer and stormwater improvements in the West Wabasso community (CR 510 and 64th Avenue).

On November I, 2011, the Board of County Commissioners approved the selection committee's recommendation and authorized staff to proceed with contract negotiations with the number one ranked firm, Guardian Community Resource Management, Inc. (GCRM). Staff is now requesting the BCC's approval of a contract with GCRM.

On December 14, 2011 staff received a call from the Department of Economic Opportunity (DEO) that the County would likely receive CDBG funding for the project, and would likely receive written confirmation after the first of the New Year. Execution of the attached contract with GCRM will be contingent on receiving written confirmation from the DEO.

ANALYSIS

Since BCC approval of the consultant selection committee's recommendation, staff has successfully negotiated a contract with the top ranked consultant. As proposed, the contract includes but will not be limited to the following services that the consultant must perform:

• •

•

• •

Respond to questions and/or complaints from citizens; Recommend policy and/or grant amendments. Taking necessary actions, such as advertising, conducting public hearings, and updating project environmental review files; Assess the local government's compliance with state and federal regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, and others; Review contract documents; Create project information management and record filing system with duplicate tracking by Guardian;

f:\utilities\utility - engineering\projects - utility construction permits\irc - west wabasso community gravity sewer system - ucp 4078\cdbg grant files\rfp\contract agreement for admin svcs\bcc item- consultant contract-rev l.doc

238

I Page-2- REGULAR AGENDA ITEM

Error! Reference source not found.

•

• • • •

Monitor contractor performance and compliance with contract requirements, including required evaluation of contractors' weekly payroll for federal projects; Represent the County during monitoring visits. Respond to I!IOnitoring reports; Produce and submit required program reports; Establish the financial procedures for receiving funds and disbursing payments; Conduct environmental reviews and request release of project funds;

• ·Supervise all payment authorizations to ensure proper documentation and appropriate payments;

• Perform program close-out activities, including submission of reports and provision of follow-up information; and

• Other administrative tasks related to the Indian River County CDBG Neighborhood Revitalization program.

The negotiated cost for grant administrative services to be provided by Guardian Community Resource Management, Inc. is $48,000. That $48,000.00 represents 6.40% of the $750,000 grant amount. As allowed by CDBG requirements, administration costs for the project will be funded from grant proceeds.

The grant administration costs have been incorporated into the draft contract attached to this staff report. In order to proceed with the CDBG funded project, the Board now must authorize the Chairman to sign the CDBG contract with Guardian Community Resource Management, Inc. for grant administration services. The proposed contract is attached to this staff report (Attachment 1).

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the proposed contract, in form, between the Board of County Commissioners and Guardian Community Resource Management, Inc. for administration of a Neighborhood Revitalization Community Development Block Grant and authorize the Chairman to execute same upon formal written acknowledgement from the DEO, as presented.

ATTACHMENT(s):

Signed Contract from GCRM for Administrative Services (12 Sheets)

Indian River Co. Appr~ Date

Administration 'Jg) I) :;'!.;;-Utilities ~ L~ ~ ,, N z Budget

' ("__' ~ ~ ~1 Legal ~':::7 (,2:..;? /. I I

F . , /IJ, tltJ/:2-~ ate'

Risk Manager

Purchasing Manager

~

F:\Utilities\UTILITY- Engineering\Projects- Utility Construction Permits\IRC- West Wabasso 239 Community Gravity Sewer System - UCP 4078\CDBG Grant Files\RFP\Contract Agreement for Admin Svcs\BCC Item - Consultant Contract-Rev l.doc

INDIAN RIVER COUNTY, FLORIDA CONTRACT FOR FISCAL FUNDING YEAR (FFY 2011)

COMMUNITY DEVELOPMENT BLOCK GRANT (CBDG) NEIGHBORHOOD REVITALIZATION

PROGRAM ADMINISTRATION SERVICES

THIS CONTRACT is made and entered into by and between the Indian River County Board of County Commissioners (hereinafter the COUNTY) and Guardian Community Resource Management, Inc., (hereinafter GUARDIAN). This Contract shall become effective immediately, with Program Administration Services subject to the beginning date of the COUNTY's Grant Award Agreement between the COUNTY and the Florida Department of Economic Opportunity (hereinafter FDEO).

WHEREAS, the COUNTY has solicited for competitive proposals, and selected GUARDIAN to perform Program Administration Services for a Community Development Block Grant (CDBG) for the FFY 2011 funding cycle in the Neighborhood Revitalization (NR) category.

NOW THEREFORE, in consideration of the mutual covenants and agreements as contained herein to be kept by and between the parties, the COUNTY and GUARDIAN agree as follows:

A. Covenant for Services

The COUNTY does hereby contract with GUARDIAN to perform the services described herein and GUARDIAN does hereby agree to perform such services under the terms and conditions set forth in this Contract. The obligations of the COUNTY hereunder are subject to annual appropriation and budget as required by law. The proposal marked 'RFP 2011 056 Neighborhood Revitalization CDBG Services' dated August 2011 by Guardian and all presentations to the COUNTY therein shall be a part of this contrac~ except as otherwise provided for in this agreement. This shall include, but not be limited to, primary contacts, staff working on the project, levels and types of service, and deliverables. The COUNTY shall have the right to terminate this contract for convenience (see termination below) in the event such changes are not deemed in the best interest of the COUNTY.

B. Availability of Funds

Payment of funds pursuant to this Contract is subject to and conditioned upon the release of authorized appropriations from the FDEO. GUARDIAN shall be paid in accordance with Section D of this Contract. The COUNTY's Grant Award Agreement from FDEO shall become part of this.

C. Scope of Services

(1) Intent of this Contract

GUARDIAN agrees, under the terms and conditions of this Contract and the applicable federal, state and local laws and regulations, to undertake, perform, and complete the necessary Program Administration Services (identified in Section C.(2) of this contract) required to implement, complete, and close out the COUNTY's FFY 2011 CDBG-NR project in compliance with applicable Jaws and regulations. GUARDIAN will comply with Chapter 119, Florida Statues.

(2) Scope of Services- Program Administration Services

Attachment 1

1 240

• Coordinate with the County and FDEO for all matters related to the West Wabasso Phase 1 Sewer Project

• Attend all CDBG Meetings, including but not limited to, public hearings, progress meetings, CATF and other public informational meetings, etc.

• Represent the County during FDEO/HUD site visits and monitoring visits and prepare response(s) to HUD and FDEO monitoring letters.

• Represent the County before any State or Federal representatives or meetings regarding the project

• Create project information management and record filing system with duplicate tracking by Guardian

• Support County in developing internal project financial management system (for disbursing funds) and develop hard document RFF for County reference

• Guide County in maintaining project records and filing system acceptable to both the FDEO and the auditor's general office (track and code files/check regularly)

• Assess the local government's compliance with state and federal regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, and others

• Guide County on documenting the County's Equal Opportunity , Section 3 hiring and MBE hiring efforts and fair housing activities in compliance with grant award ct

• Develop work plans for CDBG Award Agreement • Develop budget for Project Award Agreement and any amendments • Prepare other grant award agreement forms as requested by FDEO • Produce and submit all other required program reports • Develop and track HUD required environmental review records,

Including the preparation of public notices and the "Request for Release of Funds".

• Oversee project to moniior for compliance with applicable FDEO/HUD requirements

• Coordinate with other agencies and contracts, as necessary • Request wage decisions for the project from FDEO and/or HUD and

provide to the County as needed • Support County with Internal Budget Tracking System for grant

compliance and • Provide technical assistance to the County in procuring professional

service contracts • Review construction bid documents and contract documents for

compliance (this Includes review for compliance with OMB Circular A-102)

• Establish grant related architecture/engineer terms and conditions for incorporation in the bid package

• Prepare contractor CDBG requirements for procurement packages and review for FDEO and HUD compliance.

• Obtain DOUHUD/FDEO clearances of the contractor • Submit Notice of Award to DOL, HUD, or FDEO as required • Review contract documents • Attend and support staff during preconstruction conference • Prepare and Send Notice on Behalf of the County to DOL and HUD or

FDEO that the construction has commenced upon Notice to Proceed (NTP)

• Provide samples and support to County in responding to any citizen complaint In compliance with CDBG process

2 241

o Monitor contractor, engineer, and construction progress against CDBG award work plans

o Establish the financial procedures for receiving funds and disbursing payments

o Monitor payment authorizations as to CDBG compliance o Prepare request for grant funds hard document (not less than required

by Grant Award Agreement o Prepare and process FDEO award amendments, as needed (including

preparing advertisements and attending public hearings) o Monitor contractor performance and compliance with contract

requirements, including required evaluation of contractors' weekly payroll for federal projects

o Review construction change orders for compliance, as needed o provide regular project status reports County for submittal to FDEO (not

less than required by the Grant Award Agreement) and provide additional progress reports to the County as County may request.

o Monitor all project activity to ensure compliance with FDEO, HUD, and DOL requirements

o Respond to questions and/or complaints from citizens o Review the contractor's weekly payrolls for compliance with

Davis/Bacon and other Federal contract requirements o Monitor and recommend as to CDBG compliance all payment requests

to ensure the payments are appropriate and the proper documentation is included

o Recommend policy and/or grant amendments. Taking necessary actions, such as advertising, conducting public hearings, and updating project environmental review files

o Establish and maintain labor standards compliance files o Provide all other necessary CDBG technical assistance o Review final change order, pay request, & construction documents for

compliance with FDEO/HUD/DOL requirements o Balance final project grant budget for Closeout Report o Gather all necessary supporting documents for closeout report o Prepare documents for administrative/financial closeout o Perform all FDEO required closeout activities, including preparing final

status report and responses to FDEO and/or HUD and all other reports related to the project and required by FDEO and/or HUD

o Prepare all requested responses to inquiries from Local, State, and Federal Governmental units related to HUD and FDEO regulations

o Other administrative tasks related to the Indian River County CDBG Neighborhood Revitalization program

If the Grant Award Agreement between the COUNTY and FDEO is amended, the scope of services for the project shall be amended to be consistent with that agreement.

D. Consideration and Method of Payment for Services

(1) Amount of Consideration

For program administration services, the COUNTY will pay GUARDIAN the sum of $48,000 for proposed services under the 2011 CDBG Year Award Agreement. The COUNTY shall pay the fee to GUARDIAN in 12 equal quarterly payments of $3,500, starting in April 2012. The remaining balance of $6,000 will be paid to the consultant after administrative closeout of the contract by FDEO. If the project is completed in less than 4 quarters (1 year), the

3 242

balance of the administration fee will be paid to GUARDIAN after completion and submission of the Closeout Status Report to FDEO. This does not include additional services (D-3) as the County may request, such as time extensions or technical needs associated with leverage funding sources. The COUNTY and GUARDIAN shall review the progress of the project after 6 months to determine if the project is proceeding on schedule. If the project is determined not to be progressing on schedule, a revised payment schedule shall be developed that is acceptable to both parties.

(2) Method of Payments

GUARDIAN will submit a monthly invoice. The invoice shall be submitted to the COUNTY for the COUNTY's review and approval. Payment shall be made in accordance with the Local Government Prompt Payment Act, Florida Statutes 218.70. The invoice shall be consistent with the payment schedule established in D( 1) and any additional amount for services rendered pursuant to D(3).

(3) Additional Services

If additional services are requested by the COUNTY or required, then the cost of these additional services shall be based on the hourly rates identified in Attachment C of this Contract and a work order or equivalent. Additional services shall include additional project management due to construction delays beyond the construction contract period. Prior to providing any additional services, the COUNTY must, in writing, accept the work order for additional services. Where possible, a liquidated damages fee clause established in the construction contract would be utilized to pay for the additional services caused by the construction delays.

(4) Social Security

The County shall not be liable for Social Security contributions relative to the compensation of GUARDIAN staff.

E. Subcontracts

(1) GUARDIAN shall not subcontract any of the work required under this contract without written approval by the COUNTY.

(2) If GUARDIAN subcontracts any of the work required under this Contract, GUARDIAN agrees to include in the subcontract a requirement that the subcontractor be bound by the terms and conditions of this Contract with the COUNTY.

(3) GUARDIAN agrees to include in the subcontract a requirement that the subcontractor shall indemnify and hold harmless the FDEO, the COUNTY and GUARDIAN from and against all claims of whatever nature by the subcontractor arising out of the subcontractor's performance of work under this Contract.

F. Modification of Contract

All modifications or amendments to this Contract shall be in writing, executed with the same formalities as this Contract, and addressed to the appropriate parties hereto and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a national recognized overnight courier service. All modifications or amendments shall be effective upon the date of receipt and attached to the original of this Contract. The amount of compensation to be paid to GUARDIAN will not be amended without mutual agreement

4 243

of the COUNTY and GUARDIAN, formally executed in writing, subject to availability of funds.

G. Termination (Cause and/or Convenience)

(1) This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than fifteen (15) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity within fifteen ( 15) additional days to schedule direct (in-person) consultation with the terminating party prior to termination. During the notice and consultation period, both parties are expected to comply with all agreements and regulations affecting the project as required.

(2) This Contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in G. (1) above.

(3) li termination for default is effected by the COUNTY, an equitable adjustment in the price for this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to GUARDIAN at the time of termination may be adjusted to cover any additional costs to the COUNTY because of GUARDIAN's default.

For any termination, the equitable adjustment shall provide for payment to GUARDIAN for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by GUARDIAN relating to commitments (e.g., suppliers, subcontractors) which had become contracted prior to receipt of the notice of intent to terminate.

(4) Upon receipt of a termination action under paragraphs (1) or (2) above, GUARDIAN shall (1) discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the COUNTY all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by GUARDIAN in performing this Contract, whether completed or in process, within the 30 day notice and consultation period.

(5) Upon termination, the COUNTY may take over the work and may award another party a Contract to complete the work described in this Contract.

(6) If, after termination for failure of GUARDIAN to fulfill contractual obligations, it is determined that GUARDIAN had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph (3) above.

H. Remedies

Unless otherwise provided in this Contract, all other matters in question between the COUNTY and GUARDIAN, arising out of or relating to this Contract, or the breach of it, will be decided by a Florida court of competent jurisdiction. The venue for any legal action or other proceedings, which might arise from this Contract, shall be Indian River County, Florida.

5 244

I. Liability

(1) GUARDIAN shall be responsible for all damages to persons or property that occur as a result of GUARDIAN's fault or negligence in connection with work performed under the provisions of this Contract, and GUARDIAN shall be financially and otherwise responsible for the proper care and protection of all such work performed until completion thereof and final acceptance by the COUNTY. Guardian shall maintain $1,000,000 of General Liabifity Insurance. Documentation regarding insurance will be made available upon request.

(2) GUARDIAN shall indemnify and hold harmless the COUNTY, its agents, and employees from liability for any injury or damages to persons or property resulting from GUARDIAN's prosecution of work pursuant to the provisions of this Contract.

J. Project Representatives

The COUNTY's Project Manager/Coordinator for this Contract is: Michael C. Hotchkiss, P.E., Capital Projects Manager, Indian River County Utilities Department, 772-226-1821, [email protected].

GUARDIAN's Primary Contact responsible for the administration of this Contract is J. Corbett Alday, COO, Guardian Community Resource Management, Inc., 3020 Bruton Road Plant City Florida 33565 (mail) (813) 943-2627, [email protected]. In the event that different representatives. are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the party and said notification attached to the original of this Contract.

K. Terms and Conditions

This Contract contains all the terms and conditions agreed upon by the parties.

M. Eligibility

GUARDIAN certifies that it is eligible to receive state and federally funded contracts. GUARDIAN also certifies that no party, which is ineligible for such work, will be subcontracted to perform services under this Contract.

N. Conflict of Interest

No member of or Delegate to the Congress of the United States, or Resident Commissioner, and no elected state official or state employee shall share in any proceeds of this Contract, or in any benefit to arise from it. No officer or employee of the local jurisdiction or its designers or agents, no member of the governing body, and no other official of the locality who exercises any function or responsibility with respect to this Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, GUARDIAN shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest.

0. Federal Statutorv Requirements

When applicable, GUARDIAN and the COUNTY shall comply with the provisions contained in Attachment A and incorporated herein.

P. Attachments

6 245

This Contract is subject to the provisions of the following Attachments, which are attached to and made a part of this Contract:

(1) Attachment A, "Federal Provisions", consisting of three (3) pages. (2) Attachment B, "Section 3 and Affirmative Action Plan". consisting of

one (1) page. (3) Attachment C, "Fee Schedule", consisting of one (1) page.

IN WITNESS WHEREOF, the parties have executed this Contract on this the day of 2011.


By: ~~~~~~~----------------------Gary C. Wheeler, Chairman

Attest: ~~~~~--~~~~~~~~--------Jeffrey K. Barton, Clerk of the Circuit Court

7 246

ATTACHMENT A

FEDERAL PROVISIONS

1. Equal Employment Opportunity

During the performance of this Contract, GUARDIAN agrees as follows:

a. GUARDIAN will not discriminate against any employee or applicant for employment because of age, race, sex, national origin, ethnic background, and handicap status. GUARDIAN will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. GUARDIAN agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the COUNTY setting forth the provisions of this non-discrimination clause.

b. GUARDIAN will, in all solicitation or advertisements for employees placed by or on behalf of GUARDIAN, state that all qualified applicants will receive consideration for employment without regard to age, race, sex, national origin, ethnic background, and handicap status.

c. GUARDIAN will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

d. GUARDIAN will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60).

e. GUARDIAN will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the COUNTY and the Florida or United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

f. In the event of GUARDIAN's non-compliance with the equal opportunity clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and GUARDIAN may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

g. GUARDIAN will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. GUARDIAN will take such action with respect to any subcontract or purchase order as the local governing authority(s) representative may direct as a means of enforcing such provisions including sanction for non-compliance: Provided, however, that in the event

8 247

GUARDIAN becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the COUNTY, GUARDIAN may request the United States to enter into such litigation to protect the interests of the United States.

2. Civil Rights Act of 1964

Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

3. Section 109 of the Housing and Community Development Act of 197 4

No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act.

4. "Section 3" Compliance in the Provision of Training, Employment. and Business Opportunities

a. The work to be performed under this Contract is assisted by direct federal assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135), as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

b. The parties to this Contract will comply with the provisions of said Section 3 and regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements.

c. GUARDIAN will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants-for employment or training.

d. GUARDIAN will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, CFR Part 135. GUARDIAN will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior

9 248

to the execution of this Contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

5. Access and Retention to Records

The COUNTY, the FDEO, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of GUARDIAN which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. GUARDIAN shall retain all records relating to this Contract for six (6) years after the COUNTY makes final payment and all other pending matters are closed.

10 249

ATTACHMENT B

SECTION 3 AND AFFIRMATIVE ACTION PLAN

1. GUARDIAN will solicit and evaluate applications for employment in a manner that is non-discriminatory based upon age, race, sex, national origin, ethnic background, and handicap status.

2. When training and/or employment opportunity arises in connection with this project, GUARDIAN will, to the greatest extent feasible, provide maximum opportunity to lower income residents of the project. Employment opportunity will be locally advertised in a manner that will ensure that potentially eligible applicants are 1) made aware of the opportunity, and 2) provided a convenient way to apply for employment.

3. During this project, GUARDIAN will seek to purchase necessary goods and/or services from businesses that are located in, or owned by persons residing in the jurisdiction.

4. GUARDIAN will utilize the Florida lists of minority businesses in filling subcontracting and/or purchasing needs, where applicable.

5. GUARDIAN will include applicable equal opportunity provisions in subcontracts issued in connection with this project.

6. GUARDIAN shall publicize and post this policy in a conspicuous place available to employees and applicants for employment and training, where applicable.

7. GUARDIAN is under no contractual or other disability, which would prevent compliance with this policy.

11 250

ATTACHMENT C

FEE SCHEDULE FOR ADDITIONAL SERVICES IF NEEDED

Hourly Rates for Additional Services. When and If Applicable Grant Contracts Manager, Principal

$140/hour Grant Projects Manager, Officer

$125/hour

Project Coordinator or Technical Support Specialist

$115/hour Project or Construction Manager

$100/hour Legislative Liaison or Public Relations Manager

$100/hour Grants or Program Administrator

$90/hour Grant Writer or Planner or Accountant

$80/hour Housing or Construction Specialist

$80/hour Grants or Program Specialist or Technical Assistant

$70/hour Office Manager/Grants Assistant/Case or Financial Clerk

$50/hour

Typical Fees by Work Order (examples) Affordable Housing Finance Proposals

$25,000 USDA Water/Waste Grant-Loan Applications

$25,000 .. SRF Water or Waste Loan or Grant Pre-Application or App

$20,000 EDA Infrastructure Grant Application

$25,000 .. EPA STAG or SPAP Grant Application

$20,000 Economic Development Transportation Grant Application Rural Infrastructure Grant Application

$10,000 ..

$10,000 .. FCT Land Acquisition Application

$25,000 .. FRDAP Application

$10,000

•• Typically does not allow for admin fees, but there are other ways to pay Guardian which can be negotiated on a case by case basis, such as the developer pays on funding award or Guardian is hired for owner's representative services during construction.

12 251

I~Pr Attorney's Matters- B.C.C. 01.10.12

qfoeif INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., Counry Attorney William K. DeBraal, Depury Counry Attorney Brooke W. Odom, Assistant Counry Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., County Art~ DATE: January 4, 2012

SUBJECT: Initial Consideration of Proposed Fund 101 Refund Ordinance

BACKGROUND.

On December 20, 2011, the Board of County Commissioners approved a refund of $132,159 of unspent traffic impact fees held in Fund 101. The fees were collected in original traffic impact fee District II, which was eliminated in 1999.

The County Attorney, working with administrative staff, has prepared the attached proposed ordinance setting forth a refund procedure which is believed to be consistent with the Board's decisions and comments at the December 20 meeting. In general, the proposed ordinance calls for the following refund procedure:

• Staff identifies each fee that is refundable, starting with the last fee paid and working backwards until the entire refund amount is exhausted

• Staff identifies the property for which each refundable fee was paid

APPROVED FOR JANUARY 10,2012 B.C. C. MEETING- ATTORNEY'S MATTERS

C TYA EY

F:IAttomey\li•da\GENERAL\B C C\Agenda MemNIJmpact p.,.,. (Fund 101) OS.doc

Indian River Co. A~ved Date

Admin. (~ I/.01'.Z rC:::'o",. A:..::~ tty?"-.. -----11""6"'4 ~· I· 'i · ,_

Budget AK t/4, )'2-Comm. Developmt. a.a j(J f I u'l H

Public Works ( w-... 1- 4-1:2.

252


• Staff identifies the current owner of each property identified

• Staff sends a written notice to each current property owner eligible for a refund. A second notice, by certified mail, etc., is sent if the owner fails to respond to the first notice

• The owner completes and submits application materials consisting of (i) an affidavit confirming ownership, and acknowledging that the refund may jeopardize the A-l-A/17th Street intersection project, and (ii) an IRS Form W-9

• Upon receipt of the completed application materials, the staff sends the refund check in the amount of the fee paid, plus simple interest at the rate earned by the County on the funds

It is noted that since the last meeting, staff determined that the amount of unspent fees is actually $255,829, rather than the previously announced amount of $132,159. The difference relates to the fact that during the mid-1990s, all impact fees held in the District II trust account were actually spent, resulting in the spending of interest for a short period of time, until new impact fees were collected. When this brief spending of interest was properly allocated to interest (and not to impact fees), the result was a higher number for unspent impact fees. The County Attorney has used the higher figure in the proposed ordinance.

The proposed ordinance is before the board for initial consideration only. After receiving the Board's comments and making any necessary revisions, the ordinance will be brought forward for public hearing and adoption in February.

It is lastly noted that the proposed Fund 101 refund ordinance is being brought before the Board for initial consideration at the same meeting as the proposed six year refund ordinance. As the Board will note, the proposed refund procedures are very similar. ·

RECOMMENDATION.

The County Attorney recommends that the Board consider the attached proposed ordinance and provide comments so that a final ordinance can be brought forward to public hearing and adoption in February.

ATTACHMENT(S).

Proposed Fund 101 Refund Ordinance

ASP:LAC

F:\ArJc1'71cyllintfa\GEiiERAL\lJ CCIAg<!llda MemosVmpactFees (Funtf /OJ) OS.dac

253

ORDINANCE NO. 2012 -

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1010.05 OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR A REFUND OF UNSPENT TRAFFIC IMPACT FEES HELD IN THE ORIGINAL TRAFFIC IMPACT FEE DISTRICT ll TRUST ACCOUNT; MAKING FINDINGS AND PROVIDING FORSEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, between 1986 and 1999, Indian impact fee districts, and traffic impact fees were collecte~

was divided into nine traffic

WHEREAS, in 1999, the Board .of which (a) eliminated the original nine traffic new traffic impact fee districts, and (b) nine traffic impact fee districts be spent collected; and

WHEREAS, all traffic districts have been fully spent, impact fee District II, which COJ1Sio:t1 north to the County line on the south;

adopted Ordinance 99-14 r"P"""'u them with three

!(Ol:lec1ted in the original the fees were

original nine impact fee fees collected in original traffic

Beachland Boulevard on the

circumstances relating to the unspent impact II trust account - particularly, the

number of improvement or expansion Dis:tri<:t II - the Board has determined that the

BY THE BOARD OF COUNTY

Article VIII, Florida Constitution and chapter 125, Florida Statutes, vest broad home rule powers in to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the County. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County.

1

254

ORDIN~CE NO. 2012 -

Section 2. Findings.

The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board.

Section 3. Amendment of Section 1010.05 of the Code.

Section 1010.05 of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline):

Section 1010.05. Use of funds collected and trust

(I) Intent. Any "fair share roadway terms of this article are expressly designated attributable to the proposed land development in this section.

(2) There is hereby established (trust fund) for the purpose of ensuring that

collected pursuant to the of impacts reasonably as hereinafter provided

trust fund" chapter are

illribm:ilileto land with the Indian River County (3) separate trust accounts, one

1istrict map which is attached deposited into the original shall be expended in the said districts have been

original impact fee district district map which is attached hereto and

collected pursuant to this chapter shall be the district in which the new land development

(4) fees in trust accounts.

(A) the trust accounts shall be used exclusively for capital expansion of the county's road network system as identified on the county's and/or other municipalities' thoroughfare plan maps, in the district from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan except that, until the trust fund accounts of the nine (9) original benefit districts have been expended, the following percent of proceeds from the nine (9) trust accounts may be used outside the district boundaries for capacity expansion of bridge facilities and their access roads connecting Orchid Island and the mainland: District !--thirty-one (31) percent; District IT--nineteen (19) percent; District III--eight (8) percent; District IV--nine (9) percent; District V--ten (10) percent; District VI--four (4)

2

255


percent; District VII--four (4) percent; District VIII--ten (10) percent; and District IX--five (5) percent.

(B) Any funds in each of the trust accounts on deposit, not inunediately necessary for expenditure, shall be invested in interest-bearing assets. All income derived from these investments shall be retained in the applicable trust account.

(C) Each year, at the time the annual county budget is reviewed, the county administrator or his designee shall propose appropriations to spent from the trust accounts. Any amounts not appropriated from the trust accounts county administrator or his designee, together with any interest earning shall be · in the specific trust account to the following fiscal period.

shown for the owner on the Propertv Appraiser's records relating to the eligible propertv, or, if the Propertv Appraiser's records do not show an address, at any other address determined by staff to be reasonably reliable. Staff shall not be required to send notice to any owner who applies directly to the Countv Conununitv Development Department and completes, executes and submits the application materials,

3

256

ORDINANCE NO. 2012-

(e) each eligible owner shall have until [120 days after adoption of ordinance]. 2012 to complete. execute and submit the application materials to the Countv Communitv Development Department.

This ordinance Commissioners and filing ·

invalid or unconstitutional by a court of r~!QJ!inder nl[an" ordinance shall not be affected by such holding and

effective upon enactment by the Board of County the Department of State.

This ordinance was advertised in the Vero Beach Press Journal, on the __ day of -------,--,--,----,-' 2012, for a public hearing to be held on the __ day of _____ _, 2012, at which time it was moved for adoption by Commissioner ----o-:--c:--;:-;;--,-------,----' seconded by Commissioner , and adopted by the following vote:

4

257


Chairman Gary C. Wheeler

Vice Chairman Peter D. O'Bryan

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Bob Solari

The Chairman thereupon declared the ordinance of ______ , 2012.

ATTEST: Jeffrey K. Barton, Clerk

By: ____ _ Deputy Clerk

and adopted this __ day

Sr., County Attorney

the Department of State on the __ day of

5

258

138 Attorney's Matters- B.C.C. 01.10.12

Cffo:eif INDIAN RIVER COUNTY

ATTORNEY

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

MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., County Attor4:=r(?


SUBJECT: Initial Consideration of Proposed Six Year Impact Fee Refund Ordinance

BACKGROUND.

Since I 986, the County's Code of Ordinances has contained a provision that impact fees not spent or encumbered within approximately six years be refunded to the fee payer (1986 - 2005) or the current property owner (2005 to present). From 1986 to 2005, the Code set forth a procedure for receipt and review of refund applications. However, with the amendments in 2005, the refund procedure was eliminated

At its meeting on September 13,201 I, the Board of County Commissioners directed the County Attorney to prepare a Code amendment setting forth a procedure for refunds of impact fees which are not spent or encumbered within six years. The Board also suggested some parameters for the procedure: it should include notice to the property owner, and a fee of $75 should be deducted out of the refunded amount. Finally, the Board directed the County Attorney to work with interested community groups or individuals before submitting the proposed Code amendment to the Board.

APPROVED FOR JANUARY 10,2012 B.C. C. MEETING- EY'S MATTERS

F:l.4110mey!LindaiG£NERALlB C CIA~da Memos \Impact Fees (6 Yr Refund) ()(J.doc

Indian River Co.

Admin.

Co. Atty. Budget Comm. Developmt. Public Works

Ap:groved Date

I(~ f%

259


In October and November, the County Attorney prepared a proposed amendment and circulated it to approximately 25 community groups or individuals. A meeting was then held on December 16, 2011 to receive comments. Following the meeting, the proposal was revised into its current form, which is attached to this memo. The proposed amendment is brought forward at this meeting for initial consideration and Board comment. After this meeting, additional revisions, if any, will be made, and the amendment will be brought forward for adoption in February.

DISCUSSION AND ANALYSIS.

The proposed six year refund ordinance follows the Board's discussions at the September 13, 2011 meeting, and subsequent discussions at the December 20, 2011 meeting. In general, the proposed ordinance calls for the following refund procedure:

• Staff will keep an ongoing accounting· setting forth, on a first in - first out basis, when specific impact fees are spent or encumbered. All fees will be spent before interest will be spent (following current practice)

• When fees are not spent or encumbered within the six year period, staff will identify and notify the current property owner within 60 days of the end of the six year period, first by ordinary mail and then, if there is no response, by certified mail or other form of mail for which delivery or non-delivery is confirmed

• Owners will have 150 days from the end of the six year period to complete and submit application materials, consisting of an affidavit confirming ownership and an IRS Form W-9. Owners who fail to apply are deemed to have waived their right to a refund

• The refund will consist of the impact fee, plus interest at the rate earned by the County. No application fee will be charged (note: at the September 13 meeting, the Board approved a $75 fee; however, at the December 20 meeting involving Fund 101, the Board decided not to charge a fee. The proposed ordinance follows the December 20 decision)

• The County is authorized to extend the six year period by three additional years. This extension can be made only one time as applied to any specific impact fee

The County Attorney believes that this process is fair to all concerned, and will provide a workable refund mechanism. Property owners who are eligible for refund will be given notice of this fact, and waiver will occur only if the owner fails to respond after two notices. The time periods have been approved by County administrative staff, which has confirmed that it will be able to meet the time periods set forth.

F:t4ttomcy\liMa\G£NSRALIB C C\Agenda Memos\lmpact Fees (6 Yr Refund) 06.d""

260

Board of County Commissioners January 4, 2012 Page Three

The County Attorney notes that the three year extension was added to give the Board flexibility in managing impact fee expenditures during boom and bust times. During boom times, large amounts of impact fees are collected. During bust times, the pace of development slows considerably. With the flexibility of an extension, the County may slow the pace of infrastructure expansion to better coincide with the actual pace of development. While researching impact fee legal issues over the past few months, the County Attorney noticed several cases involving ordinances with similar extension provisions. While most of the cases did not directly involve the legality of the extension provisions, none of the courts expressed an opinion that the extension provisions were invalid or not allowed. As of the preparation of this agenda memo, the County Attorney is researching whether the three year extension could be applied to impact fees previously paid and still being held by the County, or only to fees paid in the future. If the Board approves the three year extension in concept, and wants to apply it to previously paid fees, the County Attorney will finalize the ongoing research before the final ordinance is brought forward for adoption.

It is lastly noted that the proposed six year refund ordinance is being brought before the Board for initial consideration at the same meeting as the proposed Fund 101 refund ordinance. As the Board will note, the proposed refund procedures are very similar.

RECOMMENDATION.

The County Attorney reconnnends that the Board consider the attached proposed ordinance and offer any comments. Based upon the connnents, the county Attorney will finalize the proposed ordinance and· bring it forward for adoption in February.

ATTACHMENT(S).

Proposed Six Year Impact Fee Refund Ordinance

ASP:LAC

F'\AIIorney\linda\GENERAL\B C OAgendt:r Memf>S\Impocl Fees (0" Yi" Rifund) 06.doc

261

ORDINANCE 2012-_

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1000.15 OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING A PROCEDURE FOR REFUNDING CERTAIN IMPACT FEES WHICH ARE NOT ENCUMBERED OR SPENT WITHIN SPECIFIED TIME PERIODS; ESTABLISHING AUTHORITY TO EXTEND THE TIME PERIOD WITHIN WHICH CERTAIN IMP FEES MUST BE ENCUMBERED OR SPENT; MAKING AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE

WHEREAS, since 1986, the Code of impact fees which are not spent or · upon application of the fee payer (1986-which provision is currently set forth in section

WHEREAS, from 1986 to · . to receive and review impact fee which has been in effect since 2005,

I

WHEREAS, will be served by as set forth herein.

provided that certain shall be refunded (2005 to present),

that the public interest specific refund procedure,

BOARD OF COUNTY

law, for the County. The inconsistent with safety and welfare

Constitution and chapter 125, Florida Statutes, vest ordinances, not inconsistent with general or special

pulJ!i'c health, safety and welfare of the residents of the determines that the enactment of this ordinance is not law, and is necessary and appropriate to promote the health,

of Indian River County.

Section 2. Findings.

The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board.

Section 3. Amendment of Section 1000.15 of the Code.

Section 1000.15 of the Code oflndian River County, Florida, is hereby amended to read as follows (new language indicated by underline; deleted language indicated by strikethreugh):

1

262

ORDINANCE 2012-__

Section 1000.15. Refund offees paid.

(I) If a building permit or an initial one-year concurrency certificate is revoked, expired, or is withdrawn, then the feepayer, successors or assigns, shall be entitled to a refund of the impact fees paid with interest as a result of its revocation, expiration or withdrawal, except that the county shall retain a fee established by resolution to offset the costs of refunding. hnpact fees paid in conjunction with an initial seven-year concurrency certificate cannot be refunded, however, any such impact fees paid will run as a credit with the land.

(2) Any fiH!6e impact fees not e*fteHt!ed--er-,~nc·UIJ calendar quarter immediately following six (6) years was received ("six year period") sh:lll;-tlfleEHiJ')f}lteaffi

executes and submits the application materials.

or expended by the end of the that an impact fee payment

(d) each eligible owner shall have until one hundred and fifty (]50) days after the end of the six year period to complete. execute and submit the application materials to the Countv Communitv Development Department.

(e) upon receipt of the completed and executed application materials and, if deemed necessarv by countv staff. upon verification by staff of information contained in

2

263

ORDINANCE 2012-

the application materials, the County shall deliver or mail a check to the eligible OWiler in the amount of the impact fee paid, plus simple interest from the date of original payment of the impact fee to the date of the check. at the rate earned by the County on the funds,

(f) if the eligible OWiler fails to submit the completed and executed application materials to the County Community Development Department within one hundred and fifty (]50) days after the end of the six year period, the eligible OWiler shall be deemed to have irrevocably waived any right to the refund set forth in this section,

If any part competent jurisdiction, shall remain in full force

Section 5. Effective Date.

is held to be invalid or unconstitutional by a court of of this ordinance shall not be affected by such holding and

This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State.

3

264

ORDINANCE 2012-

This ordinance was advertised in the Vero Beach Press Journal, on the __ day of -::-:-:c::-----:-:-:--:' 2012, for a public hearing to be held on the __ day of _____ _, 2012, at which time it was moved for adoption by Commissioner--,--,-----,---,---,----,-----' seconded by Commissioner , and adopted by the following vote:

Chairman Gary C. Wheeler

Vice Chairman Peter D. O'Bryan

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Bob Solari

The Chairman thereupon declared of , 2012.

ATTEST: Jeffrey

, Chairman

and legal sufficiency:

S. Polackwich, Sr., County Attorney

with the Department of State on the __ day of

4

265

/583

Date:

To:

From:

Prepared By:

Subject:

BACKGROUND:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

December 23, 2011

Joseph A. Bairr, ~o~nty ~~].ni.,..e.r:.- . W. Erik Olson, ~o~Vutifity Services

Himanshu H. Mehta, P .E., Managing Director, Solid Waste Disposal District Jd.111. Work Order No. 2 Geosyntec to Utilize Kessler Consulting for Technical Assistance with Recyclables Processing Procurement (RFP# 2012023)

On December 2, 2011, the Solid Waste Disposal District (SWDD) issued the advertisement seeking proposals under RFP # 2012023 from qualified firms for the transfer, processing, and marketing of recyclables from the Indian River County landfill. On December 16, 2011, a mandatory pre-bid meeting was held wherein at least six companies showed an interest in submitting a proposal. Addendum No. 1 was issued on December 22, 2011 in response to questions with the proposal due date set for 2:00 pm on January 13, 2012.

This procurement is unique in that SWDD is seeking equitable revenues from recyclables generated in Indian River County based on an Average Market Value basis less contractor's cost for transportation, processing, and profit share. The contract is proposed for a an initial five year term with an option for an additional ftve years. This contract specifically excludes the collection of recyclables in Indian River County and at this time anticipates no change to the dual stream collection program.

Staff prepared the methodology for this procurement based on a similar proposal issued by Polk County which was prepared by the firm of Kessler Consulting, Inc. (KCI}. Staff is recommending to utilize KCI for technical assistance with our procurement based on their extensive expertise and experience throughout the State of Florida for these type of projects. KCI was recently selected as a sub-consultant under Geosyntec's Continuing Contract Agreement for Professional Services.

ANALYSIS:

KCI has proposed under Work Order No. 2 to Geosyntec to provide the following technical assistance for up to six proposals: 1) review and prepare a technical summary of the proposals, 2} prepare a comparative financial summary of the proposals including a sensitivity analysis on market fluctuations and 3} provide technical expertise in meetings with Staff and the SWDD Board. Geosyntec and KCI have proposed this work for a not-to-exceed budget of $10,700.

If needed, KCI is available to assist in the development and negotiations of a final contract under a separate authorization.

SWDD Agenda- WO No 2 Geosyntec to Utilize Kessler Consulting for Technical Assistance with RFP2012023

Page 1 266


Staff recommends a not-to-exceed budget of $10,700 which is budgeted and available in the Engineering Services account in the SWDD landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $36S,OOO for the 2011/2012 fiscal year.

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve Work Order No. 2 to Geosyntec to utilize Kessler Consulting for Technical Assistance with Recyclables Processing Procurement (RFP2012023) for a not-to-exceed budget of $10,700.

b) Authorize the Chairman to execute the same, as presented.

ATIACHMENT:

1) Work Order No. 2 to Geosyntec

APPROVED FOR AGENDA:

Indian River Co. Approved Date

Administration ~ S) ;jqJ/:;;_ SWDD Director ~ ')£ ,1_ i j ;I I 'Z-

For:~ /rJj(~/t:<. r::7 Date '

Budget ( (If'\ \' 4 12-Legal (\):\ (j ( • if . ( 2..-

Risk Manager

SWDD Agenda- WO No 2 Geosyntec to Utilize Kessler Consulting for Technical Assistance with RFP2012023

Page 2 267

WORK ORDER NUMBER 2

This Work Order entered into as of this __ day of 20_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("District") and Geosyntec, Inc., a Florida corporation ("Consultant").

The District has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 and within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.

GEOSYNTEC, INC. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By: By:

, Chairman Title: Senior Vice President

Attest: J.K. Barton, Clerk of Court

By: ~-~----------Deputy Clerk

268

EXHIBIT 1

PROFESSIONAL SERVICES

.engineers 1 scientisL~ I innovators

269

Geosyntec t> consultants

Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 13 25 74th Avenue Southwest Vero Beach, Florida 32968

1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207

PH 904.858.1818 FAX 904.396.1143

www.geosyntec.com

3 January 2012

Subject: Proposal for Technical Assistance with Recyclables Processing Procurement for Indian River County IRC Work Authorization No.2

Dear Mr. Mehta:

Attached is the proposal from Kessler Consulting Inc. (KCI) for the technical assistance related to the Request for Proposals (RFP) for Recyclables Transfer, Processing and Marketing Services issued by Indian River County (IRC) Solid Waste Disposal District (SWDD) on 2 December 2011. Geosyntec Consultants (Geosyntec) proposes to retain KCI as a Subconsultant to perform the scope of services presented in the attached proposal under Work Order No. 2 for the Continuing Contract Agreement for Professional Services (Agreement) between IRC SWDD and Geosyntec, dated 15 November 2011.

The cost estimate for the services is $10,000.00. In accordance with the Agreement, Geosyntec will add a 7% markup to KCI's cost estimate. We therefore request approval from the SWDD Board for the amount of $10,700.00. Invoices from KCI will be processed and submitted to SWDD as part of our monthly invoices for the project. On approval of this request, Geosyntec will direct KCI to proceed with work for the verification services.

Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.388.8821.

Attachment

NCP2012\JLI2001

engineers I scientists I innovators

Sincerely,

Kwasi Badu-Tweneboah, Ph.D., P.E Associate

270

kessler consulting inc. innovative waste solutions

Indian River County, Florida Solid Waste Disposal District

Scope of Work Technical Assistance with Recyclables Processing Procurement

December 22, 2011

BACKGROUND

Indian River County {County) is in the process of procuring recyclables processing services. The County issued a Request for Proposals for Recyclables Transfer, Processing and Marketing Services {RFP), with proposals due January 13, 2012. Kessler Consulting, Inc. {KCI) proposes to provide technical solid waste assistance to the County as it reviews the proposals, evaluates its options, and develops and negotiates a final service conUact. The project objective is to ensure the County enters into a contract that is in its best interest, both operationally and financially.

SCOPE OF SERVICES

Task 1: Technical Assistance with Proposal Evaluations

KCI will conduct the following activities on a time-and-materials basis as requested by County staff:

• Review up to six proposals submitted in response to the RFP.

• Prepare a technical summary of each proposal. • Prepare a comparative financial summary of all proposals. Because the RFP requires proposers

to provide pricing for multiple variables {i.e., transport, processing and revenue sharing), KCI will conduct a sensitivity analysis that evaluates how the price proposals change with potential fluctuations in the commodity market index. Historically, the market index fluctuates and will undoubtedly continue to fluctuate in the future. Because of the multiple pricing variables proposers are required to provide in the RFP, the proposal that offers the greatest financial benefit to the County when the commodity market index is high is not necessarily the best deal for the County when the index is low. A sensitivity analysis ofthe price proposals will assist the County in making an informed decision that is not just based on current commodity values.

• Participate in one meeting with County staff, one Board of County Commissioners meeting, and additional audio or video conferencing calls as needed. During such meetings and calls, KCI will provide technical information and assistance related to the proposals received by the County, processing trends in Florida and the United States, and preliminary guidance on opportunities to increase recycling tonnages.

14620 N. Nebraska Ave., Bldg. D, Tampa, Fl33613! Tel: 813.971.8333 I Fax: 813.971.8582 I www.kesconsult.com

KCI Proposals 2.011\IRC\Processing RFP\Scope of Wart<

271

Scope of Work: Technical Assistance with Recydables Processing Procurement ! 12/22/2011 ! Page 2 of 2

Task 2: Contract Development and Negotiation

Upon completion of Task 1, if the County wishes assistance with developing and negotiating a final processing contract, KCI would be happy to assist. Such assistance might include reviewing and commenting on the processing contract drafted by County staff, drafting recommended contract provisions or verbiage, and participating in contract negotiation meetings with County staff and the selected vendor.

DELIVERABLE$

• Technical summary of proposals • Comparative financial summary and sensitivity analysis of price proposals

• Meeting agendas and presentations, as appropriate

• Participation in up to two meetings with County staff and elected officials

PROJECT BUDGET

Because the exact level of effort that will be requested by the County is not known, KCI proposes to conduct Task 1 on a time-and-materials basis for an amount not to exceed $10,000. A budget for Task 2 will be provided upon request by the County.

Services will be invoiced monthly at the rates provided below, which include all overhead and direct and indirect costs. Expenses (e.g., travel) will be billed at cost without markup.

Project Director/Principal $175/hour

Project Manager $135/hour

Senior Consultant $120/hour

Consultant $85/hour

Research Analyst $75/hour

Technical Support $60/hour

KCI appreciates the opportunity to submit this Scope of Work and looks forward to the opportunity to assist the County in this important project.

kessler consulting inc. innovative waste solutions

KCl Propos~ Is 2.011\IRC\Processiog RFP\Sc:ope of Work

272

/58f

INDIAN RIVER COUNTY


BOARD MEMORANDUM

Date: December 14, 2011

Joseph A. Baird, County Administrator ~-----

W. Erik Olson, Director of Utility Services~ To:

Thru:

From:

. Subject:

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ~'tn. Final Pay for Amendment 1 to Work Order No. 13, to Camp, Dresser & McKee Inc. for Indian River County Annual Permit Compliance and Monitoring for 2010 &2011

BACKGROUND:

On January 11, 2011, the Solid Waste Disposal District (SWDD) Board approved Amendment #1 to Work Order No. 13 to Camp Dresser & McKee, Inc. {CDM) to provide Annual Permit Compliance and Monitoring. The authorization was executed with a not to exceed budget of $199,124.00 and the following scope of work: Project Quality Management, Water Quality Monitoring, Title V Reporting, General Technical Assistance and Quarterly Monitoring.

ANALYSIS:

COM has completed satisfactory all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $4,075.50. After final payment, the total amount paid to CDM will be $199,124.00. Attached is COM's letter report describing in more details the services provided under each task.


Funding for the annual permitting services is budgeted and available in the Engineering Services account number 41121734-033130 which is funded from SWDD assessments and user fees.

RECOMMENDATION:

Staff recommends that the SWDD Board approve for payment COM's final invoice in the amount of $4,075.50.

ATTACHMENTs: CDM Project Completion Report & Final Invoice {9 Pages)

Indian River Co. A~oved Date

Administration (\ lJ r~k< SWDD Director I'~ "'- '"-- rr; J"

Budget ( [71". tzJ il f \ L<gal f\\~ JO (2--< j.(\

Risk Manager

SWDD Agenda -Final Pay CDM Amendment 1 to Work Order No 13 Page-l- 273

CDIVI 1701 Highway A~l~A,Suite 301

Vero Beach, Florida 32963 tel: 772 231-4301

fax: 772 231-4332

December 7, 2011

HAND DELIVERED

Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968

AICJived by SWDD

DEC 0 8 2011

Indian River County Landfill

Subject: Indian River County Solid Waste Disposal District 2010 and 2011 Annual Permit Compliance and Monitoring Final Invoice

Dear Mr. Mehta:

Transmitted herewith is a project completion report for the above reference project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM, dated August 10,2004, under Work Authorization No. 13 dated January 12, 2010 and Amendment No.1 dated January 11, 2011. The final invoice (Invoice No. 80412025/21) was submitted to IRC SWDD on December 7, 2011. This project completion report is to serve as additional information to the final invoice.

IRC SWDD is required to perform environmental compliance monitoring and reporting for water and air quality in accordance with the IRC Landfill's operating permits. During calendar years 2010 and 2011, IRC SWDD was required to Bubmit semi-annual reports of groundwater, surface water, and leachate quality at the IRC Landfill to the Florida Department of Environmental Protection (FDEP) in accordance with Cha,pter 62-701.510, F.A.c: and the Monitoring Plan Implementation Schedule (MPIS) of Permit Nos. 5031-0128769-014 / 5031-0128769-018 and SC31-0128769-019 and 5031-0128769-020.

The IRC Landfill operates under a Title V Air Operation Permit (Permit No. 0610015-003-A V), which was issued on August 2, 2007, that contains monitoring and reporting requirements related to the landfill gas collection and control system.

jl3416.doc 2 7 4 consultina . enaineerina. construction · ooerations

CDIVI Mr. Himanshu H. Mehta, P.E. December 7, 2011 Page2

IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA}, Region 4:

• Annual Statement of Compliance,

• Annual Operating Report,

• Annual Emission Fee,

• Results of an annual flare visible emissions test.

IRC SWDD is also required to perform miscellaneous sampling and monitoring activities in compliance with the solid waste operations permit and the Multi-Sector Generic Permit (MSGP) for stormwater discharge.

This project included providing the required permit compliance and monitoring services including the following tasks:

• Task 1.0- Project Quality Management

• Task 2. 0- Annual and Semi-Annual Water Quality Reporting,

• Task 3.0 - Title V Reporting,

• Task 4. 0- General Technical and Miscellaneous Permit Compliance Monitoring and Reporting

• Task 5.0 - Quarterly Contamination Evaluation Monitoring

TASK 1.0- PROJECT QUALITY MANAGEMENT

Activities performed under this task consisted of those generally administrative functions required to assure that the project remained on schedule, within budget, and that the quality of the work products defined within this scope was consistent with CDM' s s~dards and IRC SWDD's expectations.

CDM met and coordinated with IRC SWDD staff for project planning. CDM prepared and submitted project status reports and attended project status meetings with IRC SWDD staff. Preparation of invoices and project administration was also performed under this task.

j!3416.doc 27i


TASK 2.0- ANNUAL AND SEMI-ANNUAL SAMPLING AND REPORTING

Under this task, CDM assisted IRC SWDD with the arumal and semi-annual water quality sampling, monitoring, and reporting in accordance with Chapter 62-701.510, F.A.C. and the Monitoring Plan Implementation Schedule (MPIS) of Permit Nos. S031-0128769-014 and S031-0128769-018 and SC31-0128769-019 and S031-0128769-020. CDM contracted with Ideal Tech Service Inc. (ITS) to perform the groundwater, surface water, and leachate sampling. CDM/ITS performed the January 2010, July 2010, and January 2011 semi-annual sampling of the 33 Class I and construction and demolition (C&D) debris landfill groundwater monitor wells for the list of semi-annual ground Water parameters of the MPIS, respectively.

CDM/ITS also performed the July 2011 semi-annual sampling event of 40 Class I and C&D debris landfill groundwater monitor wells, which included seven new groundwater monitor wells associated with the Class I landfill expansion. CDM/ITS collected water level data for the groundwater monitor wells and staff gauges prior to the sampling events. CDM/ITS also performed the 2010 and 2011 semi-annual (January and July) sampling of the two surface water sites for analysis of the list of semi-annual surface water parameters and annual leachate sampling from the leachate monitoring sites for analysis of the list of annual leachate parameters.

CDM assisted IRC SWDD in coordinating the analytical testing activities with IRC' s laboratory (Environmental Conservation Laboratories), notified FDEP prior to sampling as required by the MPIS, reviewed and evaluated the analytical test results, and prepared the semi-annual reports. The January 2010 Water Quality Sampling Event report was submitted to FDEP on March 26, 2010; the July 2010 Water Quality Sampling Event report was submitted to FDEP on October 12, 2010; the January 2011 Water Quality Sampling Event report was submitted to FDEP on April 19, 2011, and the July 2011 Water Quality Sampling Event report was submitted to FDEP on October 19,2011.

TASK 3.0- TITLE V PERMIT COMPLIANCE AND REPORTING

The Title V Air Operation Permit (Permit No. 0610015-003-A V) for the IRC Landfill contains monitoring and reporting requirements related to the landfill gas collection and control system. In accordance with the Title V permit, CDM assisted IRC SWDD, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes.

jl3416.doc 2 7 Q

CDM Mr. Himanshu H. Mehta, P.E. December 7, 2011 Page4

Statement of Compliance

CDM prepared and submitted the 2010 and 2011 annual Statements of Compliance for the IRC Landfill to FDEP on February 23, 2010 and February 9, 2011, respectively, in accordance with Rule 62-213.440(3)(a)(2), F.A.C.

Annual Operating Report

CDM prepared and submitted the 2010 and 2011 Electronic Annual Operating Reports for the IRC Landfill to FDEP on March 26, 2010 and March 16, 2011, respectively.

Annual Emissions Fee

CDM submitted the 2010 and 2011 annual emissions fees to FDEP February 18,2010 and January 19, 2011, respectively, using FDEP Form 62-213.900(1).

Visible Emissions Testing

CDM contracted with TRC Environmental Corporation to perform the 2010 and 2011 annual visible emissions tests in order to determine the opacity of the flare. The 2010 visible emissions test was performed on April2, 2010, submitted to FDEP on May 7, 2010, and submitted to IRC SWDD on May 7, 2010. The 2011 visible emissions test was performed on April22, 2010, submitted to FDEP and IRC SWDD on May 31, 2011.

TASK 4.0- GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE

CDM provided general technical and permit compliance assistance to IRC SWDD staff on an as needed basis. Under this task, CDM monitored the landfill gas migration monitoring wells located at the IRC Landfill site boundary, as well as enclosed structures located on site, and submitted reports of the results to FDEP on a quarterly basis.

CDM provided general technical assistance with regard to the Multi-Sector Generic Permit (MSGP) for stormwater discharge. CDM prepared a new Notice of Intent to Use MSGP for Stormwater Discharge Associated with Industrial Activity (NOI) for the MSGP that the IRC Landfill currently operates under and submitted it to the FDEP National Pollutant Discharge Elimination System Storm water program on May 11, 2010. The new NOI became effective on May 12, 2010 and will expire on May 11, 2015. CDM obtained stormwater samples from the outfall structure in the C-6 Canal on August 26, 2011 and October 7, 2011. CDM prepared the

jl3416.doc 27"'

CDIVI Mr. HimanshuH. Mehta, P.E. December 7, 2011 PageS

quarterly Discharge Monitoring Reports for calendar year 2011, which will be submitted to FDEP in January 2012.

COM also provided general technical assistance with regard to relocation of gopher tortoises at the old Oslo Landfill site. COM also assisted IRC SWDD with coordinating the installation of a silt fence to prevent the tortoises from returning to the site,

TASK S.O - QUARTERLY CONTAMINATION EVALUATION MONITORING

IRC SWDD agreed to quarterly contamination evaluation monitoring in accordance with monitoring plans included in the Contamination Evaluation Report as modified and approved in the FDEP letter dated October 7, 2010. Under this task, COM collected the samples in accordance with the approved plans including coordination with IRC SWDD, water level measurements, data review and analysis, and reporting. In addition, COM installed two staff gauges in the C-S canal and two staff gauges in the Lateral C canal. COM contracted with Meridian Land Surveyors to survey the surface water sample locations of the new staff gauges. COM contracted with Ideal Tech Service Inc. (ITS) to perform the groundwater and surface water sampling activities:

COM/ITS performed the 2011 quarterly (January, April, July, and October) sampling of seven groundwater monitoring wells (MW-1S, MW-25, MWc3S, MW-13S, MW-Cl, MW-C2 and MWC3) for analysis of iron, chlorides, TDS, sodium, ammonia, nickel, arsenic, silver, thallium, hardness, BODS, COD, total nitrogen, and total phosphate. COM/ITS collected water level data for the groundwater monitor wells and staff gauges during each sampling event. COMfiTS also performed the 2011 quarterly (January, April, July, and October) sampling of six surface water sites (C5-SW1, C5-SW2, C5-SW3, C5-SW6, LC-SW4, and LC-SWS) for analysis of iron, chlorides, TDS, sodium, ammonia, nickel, arsenic, silver, thallium, hardness, BODS, COD, total nitrogen, total phosphates, unionized ammonia, and chlorophyll A.

The results of the contamination evaluation monitoring performed in November 2010 (performed under separate work order) and January 2011 were reported in the January 2011 Water Quality Monitoring Report dated April2011. The results of the contamination evaluation monitoring performed in April 2011 and July 2011 were reported in the July 2011 Water Quality Monitoring Report dated October 2011. The results of the contamination evaluation monitoring performed in October 2011 will be reported with the January 2012 water quality monitoring report, which will be performed under a separate work order.

jl3416.doc 27&


CDM appreciates the opportunitr to provide these services to IRC. If you have any questions or require additional information on the above project, please contact me.

Sincerely,

?~~-Kevin N. Vann, P.E., BCEE Senior Project Manager Camp Dresser & McKee Inc.

File: 6706-75377

cc: Erik Olson, IRC

jl3416.doc 2 7 9e

CDIVI 1701 Highway A-1-A, Suite 301

Vera Beach, ~lorida 32963 tel:+ 1 772 231-4301 fax:+l 772231-4332

INDIAN RIVER COUNTY FLORIDA MR. HIMANSHU MEHTA, P.E. MANAGING DIRECTOR 1325 74THAVENUES.W. VERO BEACH, FLORIDA 32960

Amount Due J $4 075 SO h I . ' • T is nv01ce: L---....;. _____ _.

Please Remit To:

CAMP DRESSER & MCKEE INC. P.O. BOX 100902 ATLANTA, GA 30384-0902

NOVEMBER 26, 2011

INVOICE NUMBER: 80412025/21 PROJECT NUMBER: 75377 PAYMENT REQUEST NO. 21

PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE

In accordance with the Continuing Contract Agreement for Professional Services between Indian River County and Camp Dresser & McKee Inc., dated April6, 2004 ,Work Order No. 13 dated January 12, 2010 and Amendment Number I to Work Order Number 13 dated January II, 2011, we are rendering the following invoice for Professional Engineering Services as described below:

RE: 2010 ANNUAL COMPLIANCE, MONITORING and REPORTING

Unbilled services through November 26, 2011

TASK 1- PROJECT QUALITY MANAGEMENT

Contract Amount: $

Lump Sum Amouut: $

Percent Complete:

Billed lTD: $

Less Previously Invoiced: $

Amouut Due: $

TASK 2- WATER QUALITY MONITORING

Contract Amount: $

Lump Sum Amount: $

Percent Complete:

Billed lTD: $


Amouut Due: $

38,040.00

38,040.00

100.00%

38,040.00

36,138.00

1,902.00

71,734.00

71,734.00

!00.00%

71,734.00

71,734.00

0.00

I

consulting . engineering . construction . operations 28~

CDIVI

INDIAN RIVER COUNTY FWRIDA MR. HII'-IANSHU MEHTA, P.E. MANAGING DIRECTOR 1325 74-:IH AVENUE S.W. VERO BEACH, FLORIDA 32960

Amount Due This Invoice:

$4,075.50

Please Remit To:

CAMP DRESSER & MCKEE INC. P.O. BOX I00902 A1LANTA, GA 30384.0902

NOVEMBER 26, 20I I

INVOICE NUMBER: 804I2025/2I PROJECT NUMBER: 75377 PAYMENT REQUEST NO. 2I


TASK 3- TITLE V REPORTING

Contract Amount: $

Lump Sum Amount: $

Percent Complete:

Billed lTD: $


Amount Due: $

TASK 4- GENERAL TECHNICAL ASSISTANCE

Contract Amount: $

Lump Sum Amount: $

Percent Complete:

Billed lTD: $


Amount Due: $

TASK 5- QUARTERLY MONITORING

Contract Amount:$

Lump Sum Amount: $

Percent Complete:

Billed lTD: $


Amount Due: $

25,540.00

25,540.00

100.00%

25,540.00

25,540.00

0.00

20,340.00

20,340.00

100.00%

20,340.00

20,340.00

0.00

43,470.00

43,470.00

100.00%.

43,470.00

41,296.50

2,173.50

2

28t?

CDNI INDIAN RNER COUNTY FLORIDA MR. HIMANSHU MEHTA, P.E. MANAGING DIRECTOR 1325 74TH A VENUE S.W. VERO BEACH, FLORIDA 32960

Amount Due This Invoice: $4,075.50

Please Remit To:

CAMP DRESSER & MCKEE INC. P.O. BOX 100902 AlLANTA, GA 30384-0902

NOVEMBER 26, 2011

· INVOICE NUMBER: 80412025121 PROJECT NUMBER: 75377 PAYMENT REQUEST NO. 21


Total: $

Contract Amount: $

Lump Sum Amount: $

Percent Complete:

Billed lTD: $


Amount Due: $

4,075.50

Ashan Nabbie, Senior Contract Administrator

I certify that everything on this invoice is correct.

199,124.00

199,124.00

100.00%

199,124.00

195,048.50

4,075.50

\\-Z."\-11 Date

3

28~

October 18, 2011 1

JEFFREY K. BARTON

Clerk to the Board

INDEX TO MINUTES OF REGULAR MEETING

OF BOARD OF COUNTY COMMISSIONERS

OF OCTOBER 18, 2011

1. CALL TO ORDER .............................................................................................................................. 6

2. INVOCATION .................................................................................................................................... 6

3. PLEDGE OF ALLEGIANCE ............................................................................................................ 6

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE ..................... 7

5. PROCLAMATIONS AND PRESENTATIONS .............................................................................. 7

5.A. A PRESENTATION BY LAUREN WEAVER ON THE LAUREN’S WAY HOMELESS

PROJECT ................................................................................................................. 7

5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS

NATIONAL ARTS AND HUMANITIES MONTH ............................................................. 8

5.C. PRESENTATION OF PROCLAMATION CELEBRATING THE 45TH ANNIVERSARY OF

THE FLIGHTSAFETY ACADEMY IN INDIAN RIVER COUNTY ........................................ 8

5.D. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER, FLORIDA

POWER AND LIGHT; AND MAX MACON, REGIONAL MANAGER – CUSTOMER

SERVICE FIELD OPERATIONS, FLORIDA POWER AND LIGHT ...................................... 8

6. APPROVAL OF MINUTES - NONE ............................................................................................... 9

October 18, 2011 2

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING

BOARD ACTION ............................................................................................................................... 9

7.A. DEFENSE FEES AND EXPENSES IN FVP MIAMI LAKES LLC V. INDIAN RIVER

COUNTY ............................................................................................................... 10

8. CONSENT AGENDA ......................................................................................................................10

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 1, 2011 TO OCTOBER 6, 2011 .... 10

8.B. APPROVAL OF WIRES – SEPTEMBER 30, 2011 ......................................................... 10

8.C. MITIGATION FOR TAKING OF WETLANDS ASSOCIATED WITH THE BRIDGE

REPLACEMENT AT 4TH STREET AND 82ND AVENUE ................................................... 11

8.D. ANNUAL RENEWALS FOR PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL

LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT IRC PROJECT NO

1032, RFQ # 2011009 ........................................................................................... 11

8.E. MISCELLANEOUS BUDGET AMENDMENT 024 .......................................................... 12

8.F. APPROVAL OF BID AWARD FOR IRC BID NO. 2012012 DEMOLITION AND

REMOVAL OF CONDEMNED MARSH ISLAND STRUCTURES ....................................... 12

8.G. FINAL PAY TO ATKINS FOR CUP ACQUISITION, DESIGN AND CONSTRUCTION

SERVICES OF THE NORTH COUNTY RO WATER TREATMENT PLANT WELL

EXPANSION PROJECT ............................................................................................. 13

8.H. RELEASE OF RETAINAGE APPLIED TECHNOLOGY & MANAGEMENT – WO#17,

SECTOR 7 BEACH RESTORATION PROJECT – POST CONSTRUCTION MONITORING

2010 ..................................................................................................................... 13

8.I. APPROVAL OF BID AWARD FOR IRC BID NO. 2012008 ANNUAL BID FOR

ELEVATOR MAINTENANCE .................................................................................... 14

8.J. IRC BID NO. 2011052 INTERACT PUBLIC SAFETY AGREEMENT .............................. 14

8.K. APPROVAL OF RENEWAL OF THE 800 MHZ COMMUNICATIONS SYSTEM

INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS

INTERNATIONAL, INC. ........................................................................................... 15

8.L. AUTHORIZATION FOR OUT-OF-COUNTY TRAVEL .................................................... 15

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES-NONE ...................15

10. PUBLIC ITEMS ................................................................................................................................16

10.A. PUBLIC HEARINGS ............................................................................................ 16

October 18, 2011 3

10.A.1. ORCHID QUAY, LLC; TC PROPERTY VENTURE, LLC; AND WILLIAM HUNTER

REQUEST: TO AMEND THE COMPREHENSIVE PLAN’S FUTURE LAND USE MAP TO

REDESIGNATE ± 28.56 ACRES, LOCATED APPROXIMATELY ±900 FEET SOUTH

OF C.R. 510 AND EAST OF 46TH AVENUE AND U.S. #1, FROM M-1, MEDIUM-

DENSITY RESIDENTIAL-1 (UP TO 8 UNITS/ACRE), TO C/I,

COMMERCIAL/INDUSTRIAL; AND SIMULTANEOUSLY CHANGE THE LAND USE

DESIGNATION OF ±9.21 ACRES, LOCATED SOUTH OF C.R. 510, AND EAST OF

46TH AVENUE, FROM C/I, COMMERCIAL/INDUSTRIAL, TO M-1, MEDIUM

DENSITY RESIDENTIAL – 1 (UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE

DESIGNATION OF ±20.11 ACRES, LOCATED APPROXIMATELY ±1300 FEET

SOUTH OF 65TH STREET AND WEST OF THE FEC RAILROAD, FROM C/I,

COMMERCIAL AND INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTIAL-2 (UP TO

6 UNITS/ACRE (LEGISLATIVE) ............................................................................... 16

10.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF SEVERAL ELEMENTS

AND SUB-ELEMENTS OF THE COUNTY’S COMPREHENSIVE PLAN (LEGISLATIVE) ...... 20

10.A.3. FINAL PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY

COMMISSIONER DISTRICTS .................................................................................... 21

10.B. PUBLIC DISCUSSION ITEMS ............................................................................. 34

10.B.1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING AN UPDATE ON THE

POSSIBLE SALE OF THE ELECTRIC UTILITY ............................................................ 34

10.C. PUBLIC NOTICE ITEMS - NONE ....................................................................... 34

11. COUNTY ADMINISTRATOR MATTERS - NONE ....................................................................34

12. DEPARTMENTAL MATTERS ......................................................................................................34

12.A. COMMUNITY DEVELOPMENT ................................................................................. 34

12.A.1. CONSIDERATION OF A REQUEST BY THE CITY OF FELLSMERE FOR COUNTY

PARTICIPATION IN AN APPLICATION FOR FUNDING UNDER THE

TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER)

RURAL COMMUNITIES GRANT PROGRAM ............................................................... 34

12.B. EMERGENCY SERVICES - NONE .............................................................................. 35

12.C. GENERAL SERVICES - NONE .................................................................................. 35

12.D. HUMAN RESOURCES - NONE .................................................................................. 35

12.E. HUMAN SERVICES - NONE ..................................................................................... 35

October 18, 2011 4

12.F. LEISURE SERVICES - NONE .................................................................................... 35

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ..................................................... 36

12.H. RECREATION - NONE ............................................................................................. 36

12.I. PUBLIC WORKS - NONE ......................................................................................... 36

12.J. UTILITIES SERVICES .............................................................................................. 36

12.J.1. FINAL PAYMENT AND CHANGE ORDER NO. 3 TO IRC BID NO. 2010024 TO TIM

ROSE (TIMOTHY ROSE) CONTRACTING, INC. FOR RECONCILIATION OF PAY

ITEMS AND NORTH COUNTY RO RAW WATER PUMP AND PIPING PROJECT .............. 36

12.J.2. CHANGE ORDER NO. 1 TO IRC BID NO. 2011022 TO TIM ROSE CONTRACTING,

INC. FOR CONSTRUCTION OF BARRIER ISLAND RECLAIMED WATER SYSTEM ........... 37

13. COUNTY ATTORNEY MATTERS ...............................................................................................37

13.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN ..................................................... 37

13.B. REQUEST FOR PRIVATE ATTORNEY-CLIENT MEETING RELATING TO FVP MIAMI

LAKES V. INDIAN RIVER COUNTY .......................................................................... 38

13.C. PROPOSED RESOLUTION SETTING FORTH THE BOARD’S POSITION ON THE

REFERENDUM QUESTION RELATING TO THE LEASING OF THE CITY’S POWER

PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE CITY ELECTRIC

UTILITY ................................................................................................................ 38

14. COMMISSIONER ITEMS ...............................................................................................................40

14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE ................................................... 40

14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE ................................ 40

14.C. COMMISSIONER WESLEY S. DAVIS - NONE ............................................................. 40

14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE ........................................................ 40

14.E. COMMISSIONER PETER D. O’BRYAN - NONE .......................................................... 40

15. SPECIAL DISTRICTS AND BOARDS .........................................................................................40

15.A. EMERGENCY SERVICES DISTRICT - NONE ............................................................... 40

15.B. SOLID WASTE DISPOSAL DISTRICT ........................................................................ 40

15.B.1. APPROVAL OF MINUTES MEETING OF AUGUST 16, 2011 ......................................... 40

15.B.2. APPROVAL OF MINUTES MEETING OF SEPTEMBER 6, 2011 ...................................... 40

October 18, 2011 5

15.B.3. AMENDMENT NO. 2 TO WORK ORDER NO. 29 TO GEOSYNTEC TO IMPLEMENT

THE FDEP APPROVED REMEDIAL ACTION PLAN MODIFICATION AT THE

FORMER SOUTH GIFFORD ROAD LANDFILL ............................................................ 41

15.B.4. FINAL PAY & RELEASE OF RETAINAGE TO GUETTLER BROTHERS, LLC – BID

NO. 2011027 FOR INDIAN RIVER COUNTY PHASE I SITE PREPARATION FOR

CELL 1 CONSTRUCTION ......................................................................................... 41

15.B.5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL .................. 41

15.C. ENVIRONMENTAL CONTROL BOARD - NONE ........................................................... 41

16. ADJOURNMENT .............................................................................................................................41

October 18, 2011 6

JEFFREY K. BARTON

Clerk to the Board

October 18, 2011

REGULAR MEETING OF THE BOARD OF COUNTY

COMMISSIONERS

The Board of County Commissioners of Indian River County, Florida, met in Regular

Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on

Tuesday, October 18, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C.

Wheeler, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also

present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,

and Deputy Clerk Maureen Gelfo.

1. CALL TO ORDER

Chairman Solari called the meeting to order at 9:00 a.m.

2. INVOCATION

Reverend Steve Jones, Vero Christian Church, delivered the Invocation.

3. PLEDGE OF ALLEGIANCE

County Attorney Alan S. Polackwich, Sr. led the Pledge of Allegiance to the Flag.

October 18, 2011 7

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS

- NONE

ON MOTION by Commissioner Davis, SECONDED by

Commissioner Flescher, the Board unanimously approved

the Agenda as presented.

5. PROCLAMATIONS AND PRESENTATIONS

5.A. A PRESENTATION BY LAUREN WEAVER ON THE LAUREN’S WAY

HOMELESS PROJECT

Lauren Weaver, a 5th grade student from Osceola Magnet School, provided background

and details on her project (known as the Lauren’s Way Homeless Project), which last year

provided 100 boxes and 1,100 canned goods to the homeless shelter, The Source. Lauren

announced her goals for this year, and said that further information is available at 772-633-2540,

or at the Source’s website, www.iamthesource.org.

Sonya Morrison, The Source, commended Lauren and her parents on the project.

Chairman Solari announced that The Source was holding a fundraiser at the Moorings on

October 21, 2011.

Commissioner O’Bryan invited people to bring their donations to the Vero Highlands

Community Center at 5:30 p.m. on November 7, 2011.

October 18, 2011 8

5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF

OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH

Chairman Solari read and presented the Proclamation to Barbara Hoffman, Chairman;

and Donna Lindsay, Treasurer, of the Cultural Council of Indian River County. Ms. Hoffman

announced that the 2011-2012 Community Event Planners were available in the lobby or at the

Council’s website, www.cultural-council.org.

5.C. PRESENTATION OF PROCLAMATION CELEBRATING THE 45TH

ANNIVERSARY OF THE FLIGHTSAFETY ACADEMY IN INDIAN RIVER

COUNTY

Vice Chairman Wheeler read and presented the Proclamation to Dan Greenhill,

FlightSafety Academy Center Manager, and another representative (unnamed) of the Academy.

5.D. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER,

FLORIDA POWER AND LIGHT; AND MAX MACON, REGIONAL MANAGER –

CUSTOMER SERVICE FIELD OPERATIONS, FLORIDA POWER AND LIGHT

Amy Brunjes, External Affairs Manager, Florida Power and Light (FPL), through a

PowerPoint presentation (copy on file), provided background regarding FPL’s possible

acquisition of the City of Vero Beach’s Electric Utility. She relayed that FPL intends to do what

is in the best interests of FPL and the City, without adversely impacting current FPL customers,

and to provide City customers with FPL rates, which are the lowest in the state. Ms. Brunjes

disclosed that FPL provides electric service, whereas its parent company, NextEra Energy,

generates wholesale renewable energy.

October 18, 2011 9

Max Macon, Regional Manager, Customer Service Field Operations, continuing the

PowerPoint presentation, announced that for the 7th consecutive year, FPL has been granted the

ServiceOne Award for exceptional customer service. He outlined customer service programs

and billing options available to FPL customers, and provided details on Energy Smart Florida

(a.k.a Smart Grid), a new program which will employ smart meters to help FPL pinpoint outages

and educate customers on their energy usage.

Ryan Fair, Originator, Project Manager, Energy Marketing & Trading, resumed the

PowerPoint presentation to outline the terms of FPL’s Letter of Intent to the City. He noted that

there were two issues that needed to be addressed independently of FPL - the City’s agreement

with the Orlando Utilities Commission, and the City’s entitlements with the Florida Municipal

Power Agency.

Ms. Brunjes affirmed that the purpose of the upcoming referendum was for City of Vero

Beach voters to decide whether or not to authorize the City to lease the power plant site to FPL,

not whether to sell the Electric Utility to FPL. She asked the Board to support the referendum.

Chairman Solari advised that the Board would be voting later today on a proposed

resolution in support of the referendum.

The Board CONSENSUS was to have staff place FPL’s presentation on the County’s

website.

6. APPROVAL OF MINUTES - NONE

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS

NOT REQUIRING BOARD ACTION

October 18, 2011 10

7.A. DEFENSE FEES AND EXPENSES IN FVP MIAMI LAKES LLC V. INDIAN

RIVER COUNTY

Noted for the record was the total amount of attorney’s fees and expenses of $19,853.30,

billed to the County as of September 30, 2011, by the law firm Murphy & Walker.

8. CONSENT AGENDA

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 1, 2011 TO OCTOBER 6,

2011

ON MOTION by Commissioner Flescher, SECONDED

by Commissioner Davis, the Board unanimously approved

the list of Warrants and Wires as issued by the Clerk to the

Board for the time period of October 1, 2011 to October 6,

2011, as recommended in the memorandum of October 6,

2011.

8.B. APPROVAL OF WIRES – SEPTEMBER 30, 2011



the list of Wires as issued by the Clerk to the Board for the

time period of September 30, 2011, as requested in the

memorandum of September 30, 2011.

October 18, 2011 11

8.C. MITIGATION FOR TAKING OF WETLANDS ASSOCIATED WITH THE BRIDGE

REPLACEMENT AT 4TH STREET AND 82ND

AVENUE


by Commissioner Davis, the Board unanimously: (1)

agreed to release the County’s Access Easement over the

property (located off 86th Avenue in Sebastian, more

commonly referred to as the St. Sebastian River Buffer

Preserve Area); (2) authorized the Chairman to execute

the Release of Easement for Sebastian Highlands, Unit 13,

Tract “D”; and (3) instructed staff to have the Release of

Easement recorded in the public records, as recommended

in the memorandum of October 10, 2011.

DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.D. ANNUAL RENEWALS FOR PROFESSIONAL SERVICE AGREEMENTS FOR

ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT IRC

PROJECT NO 1032, RFQ # 2011009



the fee schedules and agreements between the County and

the seven (7) firms selected, as follows: 1. Carter

Associates, Inc., Vero Beach; 2. Creech Engineering, Inc.,

Melbourne; 3. Culpepper & Terpening, Inc., Ft. Pierce; 4.

Indian River Survey, Inc., Vero Beach; 5. Kimley-Horn &

Associates, Inc., Vero Beach; 6. Masteller, Moler, Reed &

Taylor, Inc., Vero Beach; and 7. Morgan Eklund, Inc.,

Wabasso. The requested approval shall establish a

October 18, 2011 12

contractual agreement with the selected firms, all as stated

and recommended in the memorandum of October 7,

2011.

AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.E. MISCELLANEOUS BUDGET AMENDMENT 024



Resolution 2011-096, amending the Fiscal Year 2010-

2011 budget.

8.F. APPROVAL OF BID AWARD FOR IRC BID NO. 2012012 DEMOLITION AND

REMOVAL OF CONDEMNED MARSH ISLAND STRUCTURES


by Commissioner Davis, the Board unanimously

approved: (1) the bid award to L.E.B. Demolition &

Consulting Contractors, Inc., as the lowest most

responsive and responsible bidder meeting the

specifications as set forth in the Invitation to Bid; and (2)

the issuance of a purchase order after receipt and approval

of the appropriate certificate of insurance, as

recommended in the memorandum of October 10, 2011.

October 18, 2011 13

8.G. FINAL PAY TO ATKINS FOR CUP ACQUISITION, DESIGN AND

CONSTRUCTION SERVICES OF THE NORTH COUNTY RO WATER

TREATMENT PLANT WELL EXPANSION PROJECT



approved final payment in the amount of $1,562.38 to

Atkins North America, Inc. (Atkins) for Work Order No. 2

consulting services; (2) found that the project is needed to

accommodate new growth in the County; (3) found that

new growth will proportionately benefit from the project;

and (4) approved the project, as presented; all as


8.H. RELEASE OF RETAINAGE APPLIED TECHNOLOGY & MANAGEMENT –

WO#17, SECTOR 7 BEACH RESTORATION PROJECT – POST

CONSTRUCTION MONITORING 2010



the release of retainage to Applied Technology &

Management (ATM) for Work Order No. 17, in the

amount of $18,885.48, as recommended in the

memorandum of October 7, 2011.

October 18, 2011 14

8.I. APPROVAL OF BID AWARD FOR IRC BID NO. 2012008 ANNUAL BID FOR

ELEVATOR MAINTENANCE



approved the bid award to the third low bidder, Thyssen

Krupp Elevator Corporation, as the lowest and most

responsive bidder meeting the specifications as set forth

in the Invitation to Bid; (2) authorized the Purchasing

Division to issue blanket purchase orders for the period of

October 1, 2011 through September 30, 2012 with the

recommended bidder; and (3) authorized the Purchasing

Manager to renew this bid for two (2) additional one (1)

year periods subject to satisfactory performance, vendor

acceptance, and the determination that renewal of this

annual bid is in the best interest of Indian River County,

all as recommended in the memorandum of September 27,

2011.

8.J. IRC BID NO. 2011052 INTERACT PUBLIC SAFETY AGREEMENT



authorized the Chairman to execute the Interact Public

Safety Systems Master Purchase and License Agreement

with Colossus, Inc., d/b/a/ InterAct Public Safety Systems,

to replace the call taking equipment at the Indian River

County Sheriff’s Department, as recommended in the


October 18, 2011 15

AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.K. APPROVAL OF RENEWAL OF THE 800 MHZ COMMUNICATIONS SYSTEM

INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS

INTERNATIONAL, INC.



the renewal of the 800 MHz Communications System

Master Service Agreement with Communications

International, Inc., as recommended in the memorandum

of September 30, 2011.

8.L. AUTHORIZATION FOR OUT-OF-COUNTY TRAVEL



out-of-County travel for Commissioners and staff to attend

the Florida Association of Counties (FAC) Legislative

Conference on November 15 through November 18, 2011,

in Sandestin Beach, Florida, as requested in the


9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL

AGENCIES - NONE

October 18, 2011 16

10. PUBLIC ITEMS

10.A. PUBLIC HEARINGS

10.A.1. ORCHID QUAY, LLC; TC PROPERTY VENTURE, LLC; AND WILLIAM

HUNTER REQUEST: TO AMEND THE COMPREHENSIVE PLAN’S FUTURE

LAND USE MAP TO REDESIGNATE ± 28.56 ACRES, LOCATED

APPROXIMATELY ±900 FEET SOUTH OF C.R. 510 AND EAST OF 46TH

AVENUE AND U.S. #1, FROM M-1, MEDIUM-DENSITY RESIDENTIAL-1 (UP

TO 8 UNITS/ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND

SIMULTANEOUSLY CHANGE THE LAND USE DESIGNATION OF ±9.21

ACRES, LOCATED SOUTH OF C.R. 510, AND EAST OF 46TH AVENUE, FROM

C/I, COMMERCIAL/INDUSTRIAL, TO M-1, MEDIUM DENSITY RESIDENTIAL

– 1 (UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE DESIGNATION OF

±20.11 ACRES, LOCATED APPROXIMATELY ±1300 FEET SOUTH OF 65TH

STREET AND WEST OF THE FEC RAILROAD, FROM C/I, COMMERCIAL

AND INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTIAL-2 (UP TO 6

UNITS/ACRE (LEGISLATIVE)

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD

Community Development Director Robert Keating used a PowerPoint presentation (copy

on file) to detail the request of Orchid Quay, LLC; William Hunter, and TC Property Adventure,

LLC; to amend the land use designation of three properties and the zoning of two properties, as

outlined below. He noted that the purpose of today’s hearing is for the Board to decide whether

or not to forward the proposed Future Land Use Map Amendment to State and Regional review

agencies for consideration.

October 18, 2011 17

Subject Property 1 (Part of the overall site of the former Bristol Bay project)

Subject Property 2 (Part of the overall site of the former Bristol Bay project)

Subject Property 3 (Part of High Point Planned Development Project)

Owner Orchid Quay, LLC and William Hunter

Orchid Quay, LLC TC Property Venture, LLC

Current Land Use Designation

Medium Density Residential-1 (M-1)

Commercial Industrial (C/I)


Proposed Land Use Designation


Medium Density Residential – 1 (M-1)

Low Density Residential – 2 (L-2)

Current Zoning ± 28.30 acres Multi-Family Residential District (RM-6) and ±

0.26 acres Single-Family Residential District (RS-6)

± 6.02 acres General Commercial District (CG) and ± 3.19 acres Office, Commercial and Residential District (OCR)

Planned Development District (PD)

Proposed Zoning General Commercial District (CG)

Multi-Family Residential District (RM-6)

No Zoning Changes

Concluding his review, Director Keating proffered the recommendations of the Planning

and Zoning Commission and staff for the Board to approve the Resolution transmitting the

proposed Comprehensive Plan Future Land Use Map Amendment to State and Regional

agencies; and to announce its intention to hold a final public hearing at the adoption stage.

Director Keating noted that associated rezonings would be addressed concurrent with the final

adoption of the Comprehensive Plan Amendments.

Discussion followed, as Director Keating and Public Works Director Chris Mora

addressed the Board’s questions and comments.

The Chairman opened the Public Hearing.

Joseph Paladin, Black Swan Consulting & Entitlements, LLC, reported that the

financing was in place for Orchid Quay, and asked the Board and community to support the

project.

October 18, 2011 18

Mike Ray, Vice President, Graves Brothers, supported the Orchid Quay project;

however, he was concerned that the commercial traffic generated by the project would make

additional improvements necessary at the intersection at CR510 and US1. He felt the developers

should pay for all required changes and improvements.

Bob Johnson, Coral Wind Subdivision, requested additional details on the

Comprehensive Plan, the notification process for neighboring property owners, and the Regional

Review agency.

Staff, with assistance from Commissioners Solari and O’Bryan, addressed Mr. Johnson’s

questions.

Brian Curley, 4101 Ocean Drive, supported the Orchid Quay project, but shared Mr.

Ray’s concerns about maintaining adequate road concurrency and levels of service after the

project’s completion.

Brian Goode, 445 24th Street, Traffic Engineer, Kimley-Horn & Associates, attested that

the traffic study showed adequate capacity within the intersection. He also noted that the Florida

Department of Transportation has indicated support for a traffic signal at US 1 and 83rd Street,

which would help alleviate traffic concerns.

Commissioner O’Bryan was concerned about making a land use change that might put

existing property owners in a position of being unable to obtain concurrency because it is already

vested out.

Mr. Johnson encouraged the Board to make sure the County maintains its high standards

for development and growth in the area.

Mr. Paladin declared that the Orchid Quay developers would gladly effect any

improvements necessitated by their project.

October 18, 2011 19

Commissioner O’Bryan asked what would happen at the CR510 and US1 intersection

when Property 3 and Property 1 exchange land use designations (Property 3 changing from

Commercial to Residential, and Property 1 changing from Residential to Commercial).

Director Mora replied that when the County builds the intersection improvements, there

will be sufficient capacity for the Orchid Quay project, as well as additional projects.

There being no additional speakers, the Chairman closed the Public Hearing.

Chairman Solari explained that he had a conflict of interest arising from ownership of an

adjacent property, and would abstain from voting.

Commissioner O’Bryan requested that staff return with a report on concurrency statistics,

based on existing and future land uses.


by Commissioner Davis, by a 4-0 vote (Chairman Solari

abstained), the Board: (1) approved Resolution 2011-097,

approving the transmittal of a proposed Indian River

County Comprehensive Plan Future Land Use Map

Amendment to State and Regional Review Agencies; (2)

announced its intention to hold and advertise a final public

hearing at the adoption stage of the plan amendment

process; and (3) authorized approval of the proposed

rezoning requests at the final public hearing.

FORM 8B MEMORANDUM OF VOTING CONFLICT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

The Chairman called a recess at 10:59 a.m. and reconvened the meeting at 11:13 a.m.,

with all members present.

October 18, 2011 20

10.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF SEVERAL

ELEMENTS AND SUB-ELEMENTS OF THE COUNTY’S COMPREHENSIVE

PLAN (LEGISLATIVE)

Community Development Director Robert Keating used a PowerPoint presentation (copy

on file) to detail the County-initiated request to amend the text of 11 elements and sub-elements

of the Comprehensive Plan. He conveyed that some of the changes included deleting references

to committees and State regulations that have been eliminated; adding recycling facilities to the

list of permitted uses under the Agricultural Land Use designation; and clarifying that Planned

Development (PD) zoning is not allowed under the Mobile Home Rental Park (MHRP) Land

Use designation. He thereafter confirmed that in accordance with the Planning & Zoning

Commission, staff recommends that the Board approve the Resolution transmitting the proposed

text amendments to State and Regional agencies, and announce its intention to hold a final public

hearing at the adoption stage.

Responding to questions from Commissioner O’Bryan, Director Keating provided further

details on the proposed changes regarding recycling facilities, noting that Special Exception Use

approval would still be required for the recycling of construction and demolition debris.


In response to queries from Bob Johnson, Coral Wind Subdivision, Director Keating

provided additional information relating to the proposed Comprehensive Plan Text Amendment.


ON MOTION by Vice Chairman Wheeler, SECONDED

by Commissioner Flescher, the Board unanimously

approved Resolution 2011-098, approving the transmittal

October 18, 2011 21

of proposed Indian River County Comprehensive Plan

Text Amendment to State and Regional Review Agencies.

10.A.3. FINAL PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF

COUNTY COMMISSIONER DISTRICTS

Attorney Polackwich recapped his October 12, 2011 memorandum to provide a brief

report on the County’s 2011 redistricting initiative. He stated that at its third Public Hearing on

September 20, 2011, the Board had tentatively approved the proposed Resolution and

redistricting documents, and today was the fourth and final Public Hearing for the Board to

consider adoption of the Resolution, including the map and legal descriptions reflecting the new

Commissioner District boundaries (see below).

Will Rice, Geographic Information Systems (GIS) Manager, used a PowerPoint

presentation (copy on file) to review the redistricting process and goals. He showed maps

depicting existing and proposed Commissioner Districts and legal boundaries, and affirmed that

the proposed boundaries satisfy the redistricting criterion to have equal population distribution

(plus or minus 3%) within each Commissioner District.


Karen Disney-Brombach, School Board Member, revealed that on October 25, 2011,

the School Board would be considering its proposed Resolution adopting the change to the

District School Board Members’ District Boundaries and District Numbers.


October 18, 2011 22

ON MOTION by Commissioner O’Bryan, SECONDED

by Vice Chairman Wheeler, the Board unanimously

approved Resolution 2011-099, establishing boundaries

of County Commissioner Districts following the 2010

Decennial Census.

ATTACHMENT BELOW: Resolution 2011-099 including Commissioner District Map and

Legal Descriptions

This Space Intentionally Left Blank

October 18, 2011 23

RESOLUTION 2011· 099

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING BOUNDARIES OF COUNTY COMMISSIONER DISTRICTS FOLLOWING THE 2010 DECENNIAL CENSUS

'WHEREAS, in early 2011, the United States Census Bureau completed the 2010 decennial census; and

·wHEREAS, article VIII, section (l)(e) of the Florida Constitution provides that after each decennial census, the Board of County Commissioners shall divide the county into districts of contiguous tenitory as nearly equal in population as practicable; and ·

WHEREAS, section 124.01, Florida Statutes, provides that (1) there shall be five county commissioners' districts in each county, which shall be as nearly equal in proportion to population as possible, and (2) changes in the boundaries of commissioner districts shall be made only in odd-numbered years; and

WHEREAS, on July 12, 2011, the Board adopted the 2011 Redistricting Plan which established criteria, procedures and a schedule for the redistricting process, and

WHEREAS, the Board has engaged in a thorough, open and transparent redistricting process, which has included, among other things, posting information and proposed boundaries on the County's website and at various locations throughout the County; working with the Supervisor of Elections and the School District; holding workshops with the School Board and at the City Council Chambers in the City of Sebastian; and holding public hearings on July 12, September 13, September 20 (in Sebastian), and October 18, 2011, all for the purpose of informing the public and receiving input fi·om the public conceming redistricting issues,

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

l. In accordance with article VIII, section (l)(e) of the Florida Constitution and section 124.01, Florida Statutes, the Board hereby establishes the boundaries of county commissioners' districts as set forth in the map attached hereto as Exhibit "A" and the legal descriptions attached hereto as Composite "B."

2. An accurate description of the boundaries of the county commissioners' districts shall be entered upon the minutes of the Board of County Commissioners. and a certified copy thereof shall be published at least once each week for two consecutive weeks in the Vero Beach Press Journal. Proof of such publication shall then be entered into the minutes of the Board.

October 18, 2011 24

RES~LUTION 2011- 099

3. The Clerk to the Board of County Commissioners shall forthwith furnish the Department of State with a ce11ified copy of the Board's minutes, reflecting the description of the boundaries of the districts. The Depat1ment of State shall record a description of such boundaries in its office in a book kept for that purpose.

4. This resolution shall become effective upon adoption by the Board.

The foregoing resolution was moved for adoption by Commissioner O' Bryan

and the motion was seconded by Commissioner Wheeler , 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

Aye Aye

Aye

Aye

Aye

The Chairman thereupon declared the resolution duly passed and adopted this ..l..8__ day of October , 201 J.


October 18, 2011 25

~ -;... -:..>. .,; .... ~:.:.: ;...;;.... -":~

i . i'. .• - - ,_

I ~ I I

,-J i ' ~------~~Hr:n~--------·· i~

! ,----- - -- -, ~ !

A1NnOO

,- -q 1 ·"· I i . --. ,J ~ l

r ·· - ·· )f ~ . ... \.. ....

.. ~ -... .. .. ~

~ •

~~

EXHIBIT "A"

,. i ...

z ~

~~ I 0 u

,Jt or- ~ I I

I ! ... ,...,

,.. .. z :;, 0 u

.. u :;, .. ... •

i

I I I

I

October 18, 2011 26

COMMISSION DISTRICT NUMBER 1

LEGAl DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESiDENCE DISTRICT NUMBER 1 (ONE) SHALL BE ALL OF THE TERRITORY WrTHIN THE FOLLOWING BOUNDARIES:

BEGIN AT THE INTERSECTION OF THE ·NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA (PER FLORIDA STATUTES SECTION 7.31) WITH THE NORTHERLY EXTENSION OF'THE WEST SHO~E OF THE INDIAN RIVER LAGOON, ANO.RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE, TO THE WEST SHORELINE OF THE INDIAN RIVER LAGOON;

THENC! RUN SOUTHEASTERLY, ALONG SAID WEST SHORB.INE, TO ITS INTERSECOON WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS ·sTREET"), LYING BElWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;

THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THE ceNTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF COUNTY ROAD 512-EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD); .

THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERliNE OF COUNTY ROAD 512· EASTBOUND, TO ITS INTERSECTION WITH THE "CENTERLINE OF COUNTY ROAD 512-WESTBOUNO;

THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNlY ROAD 512 TO ITS INTERSECTION WJTH THE CENTERUNE OF LACONIA STREET (BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THI! WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH. RANGE 38 EAST);

THENCE RUN SOUTHERLY. ALONG SAID CENTERUNE OF LACONIA STREET, TO THE NORTH ~E OF THE SOUTHWEST% OF SECTION 25, TONNSHIP 31 SOUTH, RANGE 38 EAST (SAID POlNT L YlNG ON THE SEBASTIAN CITY liMlTS LINE);

THENCE RUN EASTERLY, ALONG· THE SAID NORTH LINE OF THE SOUTHWEST% OF SAID SECTION 25 {ALSO BEING THE SEBASTIAN CITY LIMITS UNE), TO A POINT L Y\NG 660 FEET, MORE OR LESS, WEST OF THE CENTER OF SAID SECTION 25;

THENCE RUN SOUTHERLY, ALONG SAID SEBASTIAN CITY UMlTS LINE, TO THE NORTH LINE OF THE 200-FOOT WIDE SEBASTIAN RIVER WATER CONTROL DISTRICT DRAINAGE EASEMENT (PER OFFICIAL RECORD BOOK 128, PAGE 704 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA);

THENCE RUN SOUTH!ASTERL Y, ALONG SAID NORTH UNE (ALSO BEING THE SEBASTIAN CITY LIMITS LIN!), TO A POINT ON THE NORTH UN! OF THE SOUTHEAST% OF THE SOUTHWEST ~ OF SAID SECTION 25;

THENCE RUN EASTERLY, ALONG SAID NORTH UN! {ALSO BElNG THE SEBASTIAN CITY LIMITS LINE), TO TH! NORTHEAST CORNER OF l'HE SOUTHEAST% OF THE SotmfNEST % OF sAID SECTION 25;

THENCE, LEAVING SAID SEBASTIAN CITY UMITS LINE, RUN SOUTHERLY, ALONG THE EAST LINE OF THE SOlmfWEST% OF SAID SECTION 25 (8EING THE EAST LINE OF THE

EXHIBIT "B"

October 18, 2011 27

75-FOOT WIDE ·seBASTIAN RIVER WATER CONTROL DISTRICT DFWNAGE EASEMENT) TO THE CENTERLINe OF COUNTY ROAD 510 (ALSO KNOWN AS 85'" STREET);

THENCE RUN EASTERLY, ALONG SAID CENTERLIN.,i OF SAID COUNTY ROAD 510, TO THE INTI!RSECTION WITH THE CENTI!RLINE OF 88 AVENUE;

THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 881H AVENUE, TO ITS INTERSECTION WITH THe CENTERLINE OF-STATE ROAD 60 (AlSO KNOWN AS 201M STREEn;

THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES SECTION 7.31), BEING THE DIVIDING LIN! BETWEEN RANGES 34 AN035EAST:

THENCE RUN NORTHERLY, STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 351!AST, TO A POINT ON lliE SOUTH LINE OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 35 EAST;

THENCE RUN WESTERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (SAID LIN! ALSO BEING THE SOUTH UNE OF SAID SECTION 311 TO THE SOUTHWEST CORNER OF SAID SECTION 31;

THENCE RUN NORTHERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST, TO THE NORTHWEST CORNER OF TOWNSHIP 31 SOUTH, RANGE 35 EAST;

THENCE RUN EASTERLY, ALONG THE NORTH·BOUNDARY UNE OF INDIAN RIVER COUNlY. ALONG THE DIVIDING LINE BETWEEN TOWNSHIPS 30 AND 31 SOUTH, TO THE POINT WHERE SAID LINE INTERSECTS WITH THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN RIVER; .

THENCE RUN NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (ALSO BEING THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN. RIVER), TO THE MAIN STREAM OF SAID ST. SEBASTIAN RIVER;

TH~CE CONTINUE NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY (BEING THE THREAD OF THE; ST. SEBASTIAN RIVER}, TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHOREUNE OF THE INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING.

October 18, 2011 28

. . ·-···-----------


LEGAL DESCRIPTION OF COUNTY COMMISSION· BOARD MEMBER RESIDENCE DISTRICT NUMBeR 2 (TWO) SHALL BE All OF THE TERRITORY WITHIN THE FOLLO'NING ·BOUNDARIES:

BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA (PER FLORIDA STATUTES 7.31) WITH THE NORTHERLY EXTENSION OF THE WEST SHOREliNE OF THE .INDIAN RIVER LAGOON, AND RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE. TO THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; .

THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE CENTERLI~E OF SEBASTIAN SOULEVARD (LABELED AS •STREETj,l YING BETWEEN BLOCKS 5 AKJ 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;

THENCE RUN SOUllfNESTERY, ALONG SAID CENTERUNE Of SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THe CENTERLINE OF U.S. HIGHWAY NUMBER ONE AN> THE CENTERLINE OF COUNTY ROAD 512-EASTBOUt«) (ALSO KNOWN AS SEBASTIAN BOUlEVARD);

THENCE RUN SOtm-IWESTERL Y, ALONG SAID CENTERLINE OF COUNTY ROAD 512-EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512-WESTBOUND;

THENCE RUN souniWESTERL Y, ALONG THE CENTERL~E OF COUNTY ROAD 512 TO ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET (BEING THE WEST LINE OF S~TIAN HIGHLANDS UNIT a, ALSO BEING THE WEST UNE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST);

THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE SOUTHWEST% OF SecTION 25, TOWNSHIP 31 SOliTH, RANGE 38 EAST (SAJO POINT L YlNG ON THE SEBASTIAN CITY LIMITS LINE);

THENCE RUN EASTERLY, ALONG THE SAID NORTH LINE OF THE SOUTHWEST l' OF SAID S!CT10N 25 (ALSO BEING THE SEBASTIAN CITY LIMITS LINE), TO A POINT lYING eeo FEeT, MORE OR LESS, WEST OF THE CENTER OF SAID SECTION 25;

THENCE RUN SOUTHERLY, ALONG SAIO SEBASTIAN CITY LIMITS LINE, TO THE NORTH LINE OF THE 20().f00T WIDE sEBAsTIAN RIVER WATER CoNTROL DISTRICT DRAINAGE EASEMENT (PER OFFICIAL RECORD BOOK 128, PAGE 704 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, R.ORIDA);

THENCE RUN SOUTHEAS'reRL Y, ALONG SAID NORTH UNE (ALSO BEING THE SEBASTIAN CITY LIMITS LIN!), TO A POINT ON THE NORni LINE OF THE SOUTHEAST% OF THE SOUTHWEST% OF SAID SECTION 25;

THENCE RUN EASTERLY, ALONG SAID NORTH LIN! (ALSO BEING THE SEBASTlAN CITY LIMITS LINE), TOni! NORTHEAST CORN!R OF THE SOUTHEAST% OF THE SOUTHWEST % OF SAID SECTION 25;

THENCE, LEAVING SAID SEBASTIAN CITY UMITS LINE. RUN SOUTHERLY, ALONG THE EAST LINE OF THE SOliTHWEST% OF SAID SECTION 25 (BEING THE EAST liNE OF THE

October 18, 2011 29

7S.FOOT WIDE SEBASTIAN RIVER WATER CONTROL DISTRICT ORAJNAGE EASEMENT) TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS as™ STREET); . .

THENCE RUN EASTERLY, ALONG THE CENTERLINE OF SAID COUNTY ROAD 610, TO THE ~TERS£CT10N WITH THE CENTERLINE OF ee™ AVENU£;

THENCE RUN SOUTHERLY, ALONG THE SAID CENTERUNE OF 68TH AVENUE, TO ITS INT!RSECTION WITH THE CENTERLINE OF 411T STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD);

THENCE R~N EASTERLY .. ALONG SAID CENTERLINE OF 418T STREET, TO ITS INTERSECTION WITH THE CENTERUNE OF THE FlORIDA EAST COAST RAILWAY;

THENCE RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WrTH THE CENTERLINE OF 451t1 STREET (ALSO KNOWN AS NORTH GIFFORD ROAD);

THENCE RUN EASTERLY, ALONG SAID CENTERUNE OF 45™ STREET, JO THE EAST RIGHT .OF-WAY UNE OF GIFFORD DOCK ROAD (BEING THE EAST LINE·OF SW% Of SECTION 24, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALSO BEING THE BOUNDARY UNE OF THE CITY LIMITS OF VERO BEACH);

THENCE RUN NORTHERLY, ALONG SAID EAST LINE OF GIFFORD DOCK ROAD (BEING THE BOUNDARY LINE OF THE CITY LIMITS OF VERO BEACH) TO ITS INTERSECTION WITH THE SOUlli LINE OF GIFFORD DOCK ROAD (SAID POINT BEING WHERE GIFFORD DOCK ROAD TURNS EAST); .

THENCE RUN NORTHEASTERLY, ALONG THE SOUTH LINE OF GIFFORD DOCK ROAD (ALSO BEING THE BOUNDARY UNE OF THE LIMITS OF THE CITY OF VERO BEACH) TO ITS INTERSECTION WITH THE WEST SHO~LINE OF THE INDIAN RIVER LAGOON;

THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER LAGOON, TO ITS INTERSECTION Wmi THE CENTERLINE OF COUNTY ROAD 510;

THENCE RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET);

THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WN3ASSO BEACH ROAD, TO ITS INTERSECTION WITH THE MEAN HIGH WATER UNE OF THE ATLANTJC OC~;

THENCE RUN NORTHWESTERLY. ALONG SAID MEAN HIGH WATER LINE OF THE ATlANTIC OCEAN, TO THE NORTH BOUNDARY UNE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31); .

THENCE RUN SOUTHWESTERLY, ALONG SAID NORTH LINE OF INDIAN RIVER COUNTY, TO ITS.INTERSECTION WITH THE NORTHERLY PROJECTION OF TME WEST SHORELINE OF !HE INDIAN RIVER LAGOON, AKJ THE POINT OF BEGINNING.

October 18, 2011 30


. LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 3 (THREE) SHALL IE All OF THE: TERRITORY WITHIN mE FOLLOWING BOUNDARIES:

BeGIN AT THE INTERSECTION OF THE CENTERLINE OF GCSm AVENUE AND 41.-r STREET . (ALSLO KNOWN AS SOU11i GIFFORD ROAD) AND RUN EASTERLY, ALONG SAID

CENTERLINE OF 41" STREET, TO ITS INTI:RSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY;

THENCE RUN SOUTHEASTERLY, ALONG SAJD CENTERLINe OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSI!CTION WITH THE CENTERLINE OF 12TH STREET;

THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12'" STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH AVENUE;

THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 12™ AVENUE, TO ITS INTERSECTION WITH THE'NORTH RIGHT-OF-WAY LINE OF 141H STREET (BEING THE BOUNDARY OF THE LIMITS OF THE CITY OF VERO BEACH);

THENCE RUN WESTERLY, ALONG SAJD NORTH RIGHT -OF-WAY LINE OF 14m STREET (BEING THE BOUNDARY OF THE LIMITS OF THE CITY OF VERO BEACH), TO ITS INTERSECTION WITH THE CENTERLINE OF 27'" AVENUE (ALSO KNOWN AS EMERSON AVENUE);

THENce RUN SOUTHERLY, ALONG SAID CENTERLINE OF 271ll AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 1ST STREET S.W. (ALSO KNOWN AS R.D. CARTER ROAD);

THENCE RUN WESTERLY, ALONG SAID CENTERUNE OF 1ST STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S HIGHVVAY);

THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF saTK AVENUE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY UNE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31 ), BEING THE TOWNSHIP LINE BETWEEN TO'NNSHIPS 33 AND 3~SOUTH;

THENCE RUN WESTERLY, ALONG SAID SOUTH BOUtllARY LINE OF INDIAN RIVER COUNTY, ALONG SAID DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO THE SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE DIVIDING LINE I!!SETWEEN RANGES 35 AND RAN~E 38 EAST);

THENCE RUN NORTHERLY, ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY {ALSO BEING THE DIVIDING LINE BETWEEN RANGES 35 AND 36 EAST). TO THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 33 SOUTH, RANGE 35 EAST:

THENCE RUN, STILL ALONG THE BOlH>ARY LINE OF INDIAN RIVER COUNTY, ALONG THE TOWNSHIP LINE DIVIDING TOWNS~IPS 32 AND 33 SOUTH, RANGE 35 EAST, TO THE RANGE LINE DIVIDING RANGES 34 AND 35 EAST;

THENCE RUN NORTHERLY ALONG SAID RANGE LINE, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD eo;

October 18, 2011 31

THENCE 'RUN .EASTERLY, ALONG SAID CENTERLINI! OF STATE ROAD 80, TO ITS INTERSECTION WITH THE CeNTERLINE OF ee!" AVENUE; .

THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 66m AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41sr STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD), AND THE POINT OF BEGINNING.

October 18, 2011 32


LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER~ (FOUR) SHALL 8E ALL OF THE TERRITORY WITHIN THE FOLLOWNG BOUNDARIES: .

BEGIN AT THE INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF 12TH STREET AND RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RJVER COUNTY (PER FLORIOA.STATUTES 7.31}, BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AKJ 34 SOUTH;

THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, ·BEING THE·DMDING LINE BElWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS INTERSECTION WITH THE.CENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S ·HIGHWAY);

THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN Rl'IER COUNTY, RUN NORTHERL. Y, ALONG SAID CENTERLINE OF 58 1M AVENUE. TO ITS INTERSECTION WITH THE CENTERLINE OF 1" STREET S.W. (ALSO KNOWN AS RD. CARTER ROAD);

THENCE RUN EASTERLY. ALONG SAJO CENTERLINE OF 1 n STREET S.W., TO ITS INTERSECTION WITH llfE CENTERLINE OF 27TH AVENUE {ALSO KNOWN AS EMERSON AVENUE);

THENCE.RUN NORTt£RlY, ALONG SAID CENTERLINE OF 27Tlf AVENUE, TO ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH~ OF Tl£ NORTH% OF SECTION 11, TOWNSHIP 33 SOUTH, RANGE 39 EAST;

THENCE RUN EASTERLY, ALONG SAID NORTH UNE OF THE SOUTH~ OF THE NORTH ~ OF SECTION 11, TO ITS M"ERSECTION WITH THE ceNTERLINE OF 12m AVENUE;

THENCE RUN SOUTHERLY, ALONG SAID CENTERUN: OF 12TH AVENUE. TO irs INTERSECTION WITH THE CENTERLINE OF 121H STREET;

THENCE RUN EASTERLY, ALONG SAJO CENTERLINE OF 12m STREET, TO ITS . INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE, AND THE POINT OF BEGINNING.

October 18, 2011 33


LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 5 (FIVE) SHALL BE All OF. THE TERRITORY WITHIN THE FOLLONING BOUNDARIES:

BEGIN AT THE INTERSeCTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON AND THE CENTERLINE OF COUNTY ROAD 510 AND RUN NORTHEASTERLY, ALONG SAID CENTERLiNE OF COUNTY ROAD 510 TO ITS INTERSECTION WITH THE CENTERLINE OF W~SO BEACH ROAD (SAID ROAD STILL BEING COUNlY ROAD 510, AND ALSO KNOWN AS Q3.., STREET); .

THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD, TO-ITS INTERSECTION WITH THE MEAN HIGH WATER UNE OF THE ATLANTIC OCEAN;

THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO ITS INTERSECTION Wrrn THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31) BEING THE OMOING LINE BElWEEN TOWNSHIPS 33 AND 34 SOUTH;

THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY UNE OF INDIAN RIVER COUNTY, BEING THE DMOING UNE BElWEEN TOWNSHIPS 33 AKJ 34 SOUTH, TO ITS INTERSECTION WITH THE CENTERUNE OF U.S. HIGHWAY NUMBER ONE;

THENCE, LEAVING SAJO SOUTH BOU~Y LINE OF lt«>>AN RIVER COUNTY, RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12"" STREET;

THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12'" STREET. TO ITS INTERSECTION WITH THE CENTERUNE OF THE FlORIDA EAST COAST RAILWAY;

THENCE RUN· NORTHWESTERLY, ALONG SAID CENTERLINE Of THE FLORIDA EAST COAST RAILWAY, TO ITS INTeRSECTION WITH THE ceNTERliNE OF 45"" STREET (ALSO KNOWN AS NORTH GIFFORD ROAD);

THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 45TH STREET. TO ITS INTERSECTION WITH THE EAST RIGHT -OF-WAY LINE OF GIFFORD DOCK ROAD (BEING THE EAST LINE OF THE ~W% OF SECJ'ION 24; TOWNSHIP 32 SOUTH, RANGE 3Q EAST);

THENCE RUN NORTHERLY, ALONG SAID EAST RIGHT-OF-WAY LINE OF GIFFORD DOCK ROAD (AND THE EAST LINE OF THE SW % OF· SAID SECTION 24, ALSO BEING THE BOUNDARY LINE OF THE CITY LIMITS OF VERO 8EACH). TO ITS INTERSECTION WITH THE SOUTH RIGHT -OF-WAY LINE OF GIFFORD DOCK ROAD (SAID POINT BEING WHERE GIFFORD DOCK ROAD TURNS EAST):

THENCE RUN NORTHEASTERLY, ALONG SAl> SOUTH UNE OF GIFFORD DOCK ROAD (ALSO BEING THE BOUNDARY LINE OF THE LIMITS OF THE CrrY OF VERO BEACH) TO ITS INTERSECTION WITH THE WEST SHORELINE OF THE INOtAN RIVER LAGOON;

THENCE RUN NORTHW!STERL Y, ALONG SAID SHOREUNE OF THE INDIAN RIVER LAGOON, TO ITS INTERSECTtON WITH THE CENTeRLINE OF COUNTY ROAD !510, AND· THE POINT OF BEGINNING.

October 18, 2011 34

10.B. PUBLIC DISCUSSION ITEMS

10.B.1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING AN UPDATE ON

THE POSSIBLE SALE OF THE ELECTRIC UTILITY

Brian Heady announced that he was addressing the Board as a private citizen, not as a

City of Vero Beach Council Member. He requested that the Commissioners encourage their

constituents to vote “yes” on the November 8, 2011 Referendum on whether or not to allow the

City to lease its power plant site to FPL.

10.C. PUBLIC NOTICE ITEMS - NONE

11. COUNTY ADMINISTRATOR MATTERS - NONE


12.A. COMMUNITY DEVELOPMENT

12.A.1. CONSIDERATION OF A REQUEST BY THE CITY OF FELLSMERE FOR

COUNTY PARTICIPATION IN AN APPLICATION FOR FUNDING UNDER

THE TRANSPORTATION INVESTMENT GENERATING ECONOMIC

RECOVERY (TIGER) RURAL COMMUNITIES GRANT PROGRAM

Phil Matson, Metropolitan Planning Organization (MPO) Director, provided background

on the City of Fellsmere’s request for the County to contribute $100,000 in Parks and Recreation

Impact Fees towards the local matching share of the City of Fellsmere’s Transportation

Investment Generating Economic Recovery (TIGER) rural communities federal grant

application. He conveyed that the grant funding will be used for construction and improvements

to the Trans-Florida Rail Trail, part of the MPO’s North County Greenways Plan. Director

Matson explained that of the nearly 11 miles of unbuilt trail, over 4 miles or about 40% was in

October 18, 2011 35

the unincorporated County, and thus, staff recommended a match of $40,000, 40% of the City’s

original $100,000 request.

MOTION WAS MADE by Commissioner Flescher,

SECONDED by Commissioner Davis, to approve the

contribution of $40,000 in Parks and Recreation Impact

Fees to be used toward the local matching share of the

City of Fellsmere’s TIGER rural communities grant

application, as recommended in the memorandum of

October 11, 2011.

Jason Nunemaker, Manager, City of Fellsmere, advised that an additional item

regarding placement of a transit hub at Fellsmere’s Brookside Historic Cemetery, might be

included in the grant application.

Chairman Solari addressed Bob Johnson’s query about the possibility of using half of

the 40% funding for the County’s Greenways Project.

The Chairman CALLED THE QUESTION, and the

Motion carried unanimously.

12.B. EMERGENCY SERVICES - NONE

12.C. GENERAL SERVICES - NONE

12.D. HUMAN RESOURCES - NONE

12.E. HUMAN SERVICES - NONE

12.F. LEISURE SERVICES - NONE

October 18, 2011 36

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE

12.H. RECREATION - NONE

12.I. PUBLIC WORKS - NONE

12.J. UTILITIES SERVICES

12.J.1. FINAL PAYMENT AND CHANGE ORDER NO. 3 TO IRC BID NO. 2010024

TO TIM ROSE (TIMOTHY ROSE) CONTRACTING, INC. FOR

RECONCILIATION OF PAY ITEMS AND NORTH COUNTY RO RAW WATER

PUMP AND PIPING PROJECT



approved final payment to Timothy Rose Contracting, Inc.

(TRC), in the amount of $152,127.14; (2) approved and

authorized the Chairman to execute Change Order No. 3

with Timothy Rose Contracting in the amount of

$12,490.38; (3) found that the North County Reverse

Osmosis Raw Water Pump and Piping Project (“the

Project”) is needed to accommodate new growth in the

County; (4) found that new growth will proportionately

benefit from the Project; and (5) approved the Project, all

as recommended in the memorandum of October 10,

2011.

CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

October 18, 2011 37

12.J.2. CHANGE ORDER NO. 1 TO IRC BID NO. 2011022 TO TIM ROSE

CONTRACTING, INC. FOR CONSTRUCTION OF BARRIER ISLAND

RECLAIMED WATER SYSTEM


by Commissioner Flescher, the Board unanimously: (1)

approved and authorized the Chairman to execute Change

Order No. 1 with Tim Rose Contracting, Inc. (TRC), in

the amount of $66,464.30; (2) found that the Barrier Island

Reuse Water Main Improvement & SR 510 Reuse Water

Main Improvements Project (“the Project”) is needed to

accommodate new growth in the County; (3) found that

new growth will proportionately benefit from “the

Project”; and (4) approved the Project, all as


CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD


13.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN

Chairman Solari noted that this was a housekeeping matter. Pursuant to County Code,

the new Board officers would have been elected on November 22, 2011; however, due to the

holidays, there would be no meeting on that date, and the election of officers would be advanced

to the November 15, 2011 Board meeting.



to advance the election of the Board Chairman and Vice

October 18, 2011 38

Chairman to Tuesday, November 15, 2011, with the

results being effective on Tuesday, November 22, 2011,

as recommended in the memorandum of October 10,

2011.

13.B. REQUEST FOR PRIVATE ATTORNEY-CLIENT MEETING RELATING TO FVP

MIAMI LAKES V. INDIAN RIVER COUNTY

Attorney Polackwich elaborated on his request for a private Attorney-Client meeting to

seek the Board’s input on a civil lawsuit filed by FVP Miami Lakes, LLC (successor/assignee of

Lennar Homes, LLC) that relates to impact fees paid in connection with the Tripson Estates and

Madera Isles projects. He suggested the Board schedule the meeting in conjunction with the

regularly scheduled Board meeting of November 15, 2011.



approved to schedule a private attorney-client meeting

relating to FVP Miami Lakes v. Indian River County, to

be held in connection with the regularly scheduled Board

meeting on November 15, 2011, as recommended in the


13.C. PROPOSED RESOLUTION SETTING FORTH THE BOARD’S POSITION ON THE

REFERENDUM QUESTION RELATING TO THE LEASING OF THE CITY’S

POWER PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE

CITY ELECTRIC UTILITY

Attorney Polackwich provided background and description on the proposed Resolution

setting forth the Board’s support for a “Yes” vote on the referendum question on the November

October 18, 2011 39

8, 2011 City of Vero Beach election ballot. He said that in accordance with the City Charter,

voters will be asked to approve the lease of the power plant site to Florida Power & Light, in

light of their possible purchase of the City’s Electric Utility.

Chairman Solari noted that if the referendum is approved, it would allow continued

negotiations between the City and FPL.

MOTION WAS MADE by Commissioner Flescher,

SECONDED by Commissioner Davis, to approve staff’s

recommendation.

Commissioner O’Bryan mentioned that many voters were confused by the wording in the

referendum. They were uncertain if they were being asked to give the City the authority to lease

the property should that action become desirable, or if they were being asked to approve an

actual lease agreement (document) between the City and FPL. He wondered if the County’s

Resolution needed clarification.

After reviewing and discussing the issue with Attorney Polackwich, the Board consensus

was that the County’s Resolution clearly defines the intent of the referendum question.

The Chairman CALLED THE QUESTION, and the

Motion carried unanimously. The Board approved

Resolution 2011-100, setting forth the Board’s position

on the Referendum question scheduled for the November

8, 2011 election, relating to leasing of the City’s Power

Plant site in connection with the possible sale of the City

Electric Utility.

October 18, 2011 40

14. COMMISSIONER ITEMS

14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE

14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE

14.C. COMMISSIONER WESLEY S. DAVIS - NONE

14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE

14.E. COMMISSIONER PETER D. O’BRYAN - NONE


15.A. EMERGENCY SERVICES DISTRICT - NONE

15.B. SOLID WASTE DISPOSAL DISTRICT

The Chairman announced that immediately upon adjournment of the Board of County

Commission Meeting, the Board would reconvene as the Board of Commissioners of the Solid

Waste Disposal District. Those Minutes are being prepared separately.

15.B.1. APPROVAL OF MINUTES MEETING OF AUGUST 16, 2011

15.B.2. APPROVAL OF MINUTES MEETING OF SEPTEMBER 6, 2011

October 18, 2011 41

15.B.3. AMENDMENT NO. 2 TO WORK ORDER NO. 29 TO GEOSYNTEC TO

IMPLEMENT THE FDEP APPROVED REMEDIAL ACTION PLAN

MODIFICATION AT THE FORMER SOUTH GIFFORD ROAD LANDFILL

15.B.4. FINAL PAY & RELEASE OF RETAINAGE TO GUETTLER BROTHERS, LLC –

BID NO. 2011027 FOR INDIAN RIVER COUNTY PHASE I SITE

PREPARATION FOR CELL 1 CONSTRUCTION

15.B.5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL

15.C. ENVIRONMENTAL CONTROL BOARD - NONE

ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE

OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at 12:33

p.m.

October 18, 2011 42

ATTEST:

_________________________________ ________________________________

Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman

(Clerk’s Note: These minutes were signed by the current Chairman at the time of the

Board’s approval.)

Minutes Approved: _________________

BCC/MG/2011Minutes

November 1, 2011 1

JEFFREY K. BARTON

Clerk to the Board



NOVEMBER 1, 2011

1. CALL TO ORDER .............................................................................................................................. 1

2. INVOCATION .................................................................................................................................... 1


4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS .................................... 2

ADDITION: ITEM 10.B. PRESENTATION FROM PETE SHARMAN ................................. 2

ADDITION: ITEM 13.A. CHANGE OF DATE FOR SHADE MEETING FVP MIAMI

LAKES, LLC V. INDIAN RIVER COUNTY, FROM NOVEMBER 15, 2011 TO

DECEMBER 13, 2011 ............................................................................................... 2


5.A. PRESENTATION BY JULIANNE PRICE AND JENS TRIPSON ON 2011 EVERY DREAM

HAS A PRICE, INC., FIELD OF DREAMS FUNDRAISER ................................................. 2

6. APPROVAL OF MINUTES .............................................................................................................. 2

6.A. PRELIMINARY BUDGET HEARING OF SEPTEMBER 7, 2011 ......................................... 2

6.B. EXCERPT FROM OCTOBER 18, 2011, ITEM 10.A.3. FINAL PUBLIC HEARING AND

DISCUSSION OF 2011 REDISTRICTING OF COUNTY COMMISSIONER DISTRICTS ........... 3

November 1, 2011 2


BOARD ACTION ............................................................................................................................... 3

7.A. RESIGNATION OF DISTRICT 1 REPRESENTATIVE TO THE TREASURE COAST

REGIONAL PLANNING COUNCIL, CEDS COMMITTEE ................................................. 3

7.B. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 16, 2011 THROUGH

SEPTEMBER 30, 2011 (MEMO NO. 7) ........................................................................ 3

7.C. RESIGNATION OF AFFORDABLE HOUSING ADVISORY COMMITTEE CITIZEN

REPRESENTING EMPLOYERS WITHIN THE JURISDICTION APPOINTEE ......................... 5

8. CONSENT AGENDA ........................................................................................................................ 5

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 7, 2011 TO OCTOBER 13,

2011 ....................................................................................................................... 5

8.B. APPROVAL OF WARRANTS AND WIRES – OCTOBER 14, 2011 TO OCTOBER 20,

2011 ....................................................................................................................... 6

8.C. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY

INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2011 .................................. 6

8.D. OPEB TRUST REPORT FOR THE PERIOD 10/01/10 THROUGH 09/30/11 ........................ 6

8.E. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT

COSTS IN ACCORDANCE WITH 318.18(13) FLORIDA STATUTES ................................. 7

8.F. MEETINGS OF THE BOARD OF COUNTY COMMISSION PROPOSED 2012 MEETING

DATES .................................................................................................................... 7

8.G. RIGHT-OF-WAY PURCHASE AGREEMENT 5TH STREET, SW/27TH AVENUE

INTERSECTION IMPROVEMENTS, OWNER: SKATE SOLUTIONS, INC. KEVIN

CARROLL, PRESIDENT ............................................................................................. 8

8.H. AMENDMENT NO. 1 TO WORK ORDER NO. 1 (ENGINEERING/SURVEYING) WITH

CARTER ASSOCIATES, INC. IRC PROJECT NO. 1101, OLD DIXIE HIGHWAY,

OSLO ROAD TO EAST BOUND SR 60 ......................................................................... 8

8.I. APPROVAL OF SJRWMD COST SHARE AGREEMENT #27199 FOR PC SOUTH

(POLLUTION CONTROL SOUTH) FOR ENGINEERING DESIGN AND PERMITTING ............ 9

8.J. MISCELLANEOUS BUDGET AMENDMENT 001 ............................................................ 9

8.K. FINAL PAYMENT AND RELEASE OF RETAINAGE, VERO BEACH SPORTS VILLAGE

SPORTS LIGHTING SYSTEM ...................................................................................... 9

November 1, 2011 3

8.L. APPROVAL OF WORK ORDER NO. GKE-1 WITH G.K. ENVIRONMENTAL, INC.

FOR A GOPHER TORTOISE & ENDANGERED/THREATENED SPECIES SURVEY FOR

THE PC SOUTH PHASE 1 ALGAL TURF SCRUBBER SYSTEM ...................................... 10

8.M. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE SOUTH OF 16TH STREET, OWNER:

BYRON H. BEATTY, SR. AND COLLEEN M. BEATTY, AS TRUSTEES OF THE

COLLEEN M. BEATTY REVOCABLE TRUST, UTA, DATED JULY 19, 2005 .................. 10

8.N. AWARD OF BID OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH

STREET, IRC PROJECT NO. 0845 BID NO. 2011045 ................................................. 11

8.O. NORTH SHORE CLUB, LLC’S REQUEST FOR FINAL PLAT APPROVAL FOR A

SUBDIVISION TO BE KNOWN AS NORTH SHORE CLUB PD ........................................ 11

8.P. RIGHT-OF-WAY ACQUISITION FOR 66TH AVENUE WIDENING PROJECT 6875 AND

6885 66TH AVENUE, SOUTHWEST CORNER OF 69TH STREET AND 66TH AVENUE,

OWNER: US BANK NATIONAL ASSOCIATION (TRS), 1100 VIRGINIA DRIVE,

FORT WASHINGTON, PA 19034 .............................................................................. 12

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES ................................13

9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT

CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2010-2011 ........ 13

9.B. LESLIE R. SWAN, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS


9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER


9.D. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER

FINANCIAL REPORT FOR FISCAL YEAR 2010-2011 .................................................. 14

9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, PURCHASE FROM LAW

ENFORCEMENT TRUST FUND ................................................................................. 14

10. PUBLIC ITEMS ................................................................................................................................15

10.A. PUBLIC HEARING(S) NONE ................................................................................ 15

10.B. PUBLIC DISCUSSION ITEMS – NONE ................................................................. 15

10.B.1. ADDITION: PRESENTATION FROM PETE SHARMAN ............................................... 15

10.C. PUBLIC NOTICE ITEMS ..................................................................................... 15

November 1, 2011 4

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 8, 2011 COUNTY

INITIATED: REQUEST TO AMEND THE CAPITAL IMPROVEMENTS ELEMENT OF

THE COMPREHENSIVE PLAN (LEGISLATIVE) .......................................................... 15



12.A. COMMUNITY DEVELOPMENT ................................................................................. 15

12.A.1. CONSIDERATION OF A REQUEST FROM GIRARD EQUIPMENT, INC. FOR A LOCAL

JOBS GRANT ......................................................................................................... 15


12.C. GENERAL SERVICES .............................................................................................. 17

12.C.1. BY THE RIVER’S REQUEST TO CLOSE DALE WIMBROW PARK FOR FUNDRAISING

EVENT .................................................................................................................. 17

12.D. HUMAN RESOURCES - NONE .................................................................................. 17





12.I. PUBLIC WORKS - NONE ......................................................................................... 18


12.J.1. APPROVAL OF BID AWARD FOR IRC BID NO. 2012010, MAINTAIN AND

OPERATE THE WEST REGIONAL WETLANDS SYSTEM .............................................. 18

12.J.2. CONSIDERATION OF UTILITIES DEPARTMENT BLOCK GRANT NEIGHBORHOOD

REVITALIZATION CATEGORY CONSULTANT SELECTION COMMITTEE

RECOMMENDATION ............................................................................................... 19

13. COUNTY ATTORNEY MATTERS – NONE ...............................................................................20

13.A. ADDITION: CHANGE OF DATE FOR SHADE MEETING FVP MIAMI LAKES, LLC V.

INDIAN RIVER COUNTY, FROM NOVEMBER 15, 2011 TO DECEMBER 13, 2011 .......... 20



November 1, 2011 5




14.E. COMMISSIONER PETER D. O’BRYAN - NONE .......................................................... 20




15.B.1. FINAL PAY TO STUART FENCE COMPANY, INC. – BID NO. 2011055 FOR

FENCING IMPROVEMENTS, INDIAN RIVER COUNTY LANDFILL RECYCLING

FACILITY .............................................................................................................. 21

15.B.2. CONSTRUCTION AND DEMOLITION DEBRIS AT IRC LANDFILL ................................. 21


16. ADJOURNMENT .............................................................................................................................22

November 1, 2011 1

JEFFREY K. BARTON

Clerk to the Board

November 1, 2011


COMMISSIONERS



Tuesday, November 1, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C.

Wheeler, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also


and Deputy Clerk Leona Adair Allen.

1. CALL TO ORDER


2. INVOCATION

Pastor Doug Vogt, First Church of God, delivered the Invocation.


Administrator Baird led the Pledge of Allegiance to the Flag.

November 1, 2011 2


Chairman Solari requested the following changes to the Agenda:

ADDITION: ITEM 10.B. PRESENTATION FROM PETE SHARMAN

ADDITION: ITEM 13.A. CHANGE OF DATE FOR SHADE MEETING FVP MIAMI LAKES, LLC V.

INDIAN RIVER COUNTY, FROM NOVEMBER 15, 2011 TO DECEMBER 13, 2011



the Agenda, as amended.


5.A. PRESENTATION BY JULIANNE PRICE AND JENS TRIPSON ON 2011 EVERY

DREAM HAS A PRICE, INC., FIELD OF DREAMS FUNDRAISER

President of Every Dream has a Price, Inc., Julianne Price, Jens Tripson, and Deputy

Teddy Floyd provided the Board with the details of the softball game and activities for the Field

of Dreams fundraiser, scheduled for November 5, 2011, from 12:00 noon to 5:00 p.m., at the

Vero Beach Sports Village.


6.A. PRELIMINARY BUDGET HEARING OF SEPTEMBER 7, 2011

The Chairman asked if there were any corrections or additions to the Minutes of the

Preliminary Budget Hearing of September 7, 2011. There were none.



the Minutes of the Preliminary Budget Hearing of

September 7, 2011, as written.

November 1, 2011 3

6.B. EXCERPT FROM OCTOBER 18, 2011, ITEM 10.A.3. FINAL PUBLIC

HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY

COMMISSIONER DISTRICTS

The Chairman asked if there were any corrections or additions to the Excerpt from

October 18, 2011, Item 10.A.3. Final Public Hearing and Discussion of 2011 Redistricting of

County Commissioner Districts. There were none.


Commissioner O’Bryan, the Board unanimously approved

the Excerpt from October 18, 2011, Item 10.A.3. Final

Public Hearing and Discussion of 2011 Redistricting of

County Commissioner Districts, as written.



7.A. RESIGNATION OF DISTRICT 1 REPRESENTATIVE TO THE TREASURE COAST

REGIONAL PLANNING COUNCIL, CEDS COMMITTEE

Noted for the record was the resignation of Ray Coniglio from the Treasure Coast

Regional Planning Council, Comprehensive Economic Development Strategy (CEDS)

Committee.

7.B. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 16, 2011

THROUGH SEPTEMBER 30, 2011 (MEMO NO. 7)

Noted for the record were the following Purchase Orders processed from June 16, 2011

through September 30, 2011.

November 1, 2011 4

Hosie Schumann Park – Boundary Survey with location of improvements IRC Project No. 1116 Kimley, Horn and Associates, Inc. $4,935.00 Vero Beach Highlands Unit 2 Park – Boundary Survey with location of improvements IRC Project No. 1117 Kimley, Horn and Associates, Inc. $4,985.00 Tropicolony Park - Boundary Survey with location of improvements IRC Project No. 1118 Kimley, Horn and Associates, Inc. $2,680.00 Pine Hill Park (Lone Pine) – Boundary Survey with location of improvements IRC Project No. 1119 Kimley, Horn and Associates, Inc. $2,315.00 Roseland Ballfield (Helen Hansen) – Boundary Survey with location of improvements IRC Project No. 1120 Kimley, Horn and Associates, Inc. $6,315.00 Macedonia Church Park – Boundary Survey with location of improvements IRC Project No. 1121 Kimley, Horn and Associates, Inc. $3,990.00 Old Dixie Highway, US No. 1 to 69th Street, Sidewalk Design (LAP) – Boundary Survey of J.T. Grays Subdivision – Town of Gifford along with location of improvements with 50’ of the centerline of Old Dixie Highway IRC Project No. 0845 Carter Associates, Inc. $12,800.00 Oslo Road, Phase 2 Preparation of Topographic and Quantity Survey of the Elwil Parcel IRC Project No. 0533 Culpepper and Terpening, Inc. $7,305.00

November 1, 2011 5

7.C. RESIGNATION OF AFFORDABLE HOUSING ADVISORY COMMITTEE

CITIZEN REPRESENTING EMPLOYERS WITHIN THE JURISDICTION

APPOINTEE

Noted for the record was the vacancy on the Affordable Housing Advisory Committee,

due to the resignation of Penny Chandler, her term would have expired January 2012.

8. CONSENT AGENDA

Commissioner Davis requested to pull Item 8.P. from the Consent Agenda for discussion.



the Consent Agenda, as amended.

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 7, 2011 TO OCTOBER

13, 2011




Board for the time period of October 7, 2011 to October

13, 2011, as requested in the memorandum of October 13,

2011.

November 1, 2011 6

8.B. APPROVAL OF WARRANTS AND WIRES – OCTOBER 14, 2011 TO OCTOBER

20, 2011





20, 2011, as requested in the memorandum of October 20,

2011.

8.C. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY

INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2011


by Commissioner Davis, the Board unanimously accepted

the Investment Advisory Committee Quarterly Report

ending September 30, 2011, as recommended in the letter

of October 25, 2011.

8.D. OPEB TRUST REPORT FOR THE PERIOD 10/01/10 THROUGH 09/30/11



the quarterly Other Post Employment Benefits (OPEB)

Trust Report for the period of October 1, 2010 through

September 30, 2011, as recommended in the letter dated

October 25, 2011.

November 1, 2011 7

8.E. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT

COSTS IN ACCORDANCE WITH 318.18(13) FLORIDA STATUTES



the Quarterly Summary Report for Assessment of

Additional Court Costs in accordance with Florida Statute

318.18 (13), as recommended in the letter dated October

25, 2011.

8.F. MEETINGS OF THE BOARD OF COUNTY COMMISSION PROPOSED 2012

MEETING DATES



the proposed schedule of Board of County Commission

2012 meeting dates, as presented on page 43 of the

Agenda Packet, as recommended in the memorandum of

October 5, 2011.

November 1, 2011 8

8.G. RIGHT-OF-WAY PURCHASE AGREEMENT 5TH STREET, SW/27TH

AVENUE

INTERSECTION IMPROVEMENTS, OWNER: SKATE SOLUTIONS, INC. KEVIN

CARROLL, PRESIDENT



the purchase of the needed right-of-way with Skate

Solution, Inc., at a price of $7,200, and authorized the

Chairman to execute the Purchase and Sale Agreement, as



8.H. AMENDMENT NO. 1 TO WORK ORDER NO. 1 (ENGINEERING/SURVEYING)

WITH CARTER ASSOCIATES, INC. IRC PROJECT NO. 1101, OLD DIXIE

HIGHWAY, OSLO ROAD TO EAST BOUND SR 60



Amendment No. 1 to Work Order No. 1

(Engineering/Surveying) to Carter Associates, Inc.,

authorizing the tasks as outlined in the Scope of Services

(Exhibit A), in the lump sum amount of $8,121.50; and

authorized the Chairman to execute the Amendment, as


AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

November 1, 2011 9

8.I. APPROVAL OF SJRWMD COST SHARE AGREEMENT #27199 FOR PC

SOUTH (POLLUTION CONTROL SOUTH) FOR ENGINEERING DESIGN AND

PERMITTING



Alternative No. 1. – St. Johns River Water Management

District Cost-Share Contract No. 27199, and authorized

the Chairman to execute same, as recommended in the



8.J. MISCELLANEOUS BUDGET AMENDMENT 001



Resolution 2011-101, amending the Fiscal Year 2011-

2012 Budget.

8.K. FINAL PAYMENT AND RELEASE OF RETAINAGE, VERO BEACH SPORTS

VILLAGE SPORTS LIGHTING SYSTEM



Electrical Contracting Services, Inc. Pay Application No.

3, dated September 9, 2011, for final payment and release

of retainage, as recommended in the memorandum of

October 12, 2011.

November 1, 2011 10

8.L. APPROVAL OF WORK ORDER NO. GKE-1 WITH G.K. ENVIRONMENTAL,

INC. FOR A GOPHER TORTOISE & ENDANGERED/THREATENED SPECIES

SURVEY FOR THE PC SOUTH PHASE 1 ALGAL TURF SCRUBBER SYSTEM



Work Order GKE-1 with G.K. Environmental, Inc., for

gopher tortoise and endangered/threatened species survey,

and authorized the Chairman to execute same on behalf of

the County, as recommended in the memorandum of

October 12, 2011.

WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.M. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE SOUTH OF 16TH

STREET,

OWNER: BYRON H. BEATTY, SR. AND COLLEEN M. BEATTY, AS TRUSTEES

OF THE COLLEEN M. BEATTY REVOCABLE TRUST, UTA, DATED JULY 19,

2005



Option No. 1 - the purchase of the needed right-of-way

and tool shed at a price of $83,063.60, with Byron H.

Beatty, Sr. and Colleen M. Beatty as Trustees of the

Colleen M. Beatty Revocable Trust, and authorized the

Chairman to execute the Purchase and Sale Agreement, as

recommended in the memorandum of September 28, 2011.


November 1, 2011 11

8.N. AWARD OF BID OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH

STREET, IRC PROJECT NO. 0845 BID NO. 2011045


by Commissioner Davis, the Board unanimously:

(1) approved the bid award to Goodson Paving, Inc. in the

amount of $1,074,121.26 with approval of Change Order

No. 1, as the lowest and most responsive bidder meeting

the specifications as set forth in the Invitation to Bid;

(2) approved the sample Agreement; and (3) authorized

the Chairman to execute said Agreement after receipt and

approval of the required Public Construction Bond and

Certificate of Insurance, and after the County Attorney has

approved the Agreement as to form and legal sufficiency,

all as recommended in the memorandum of October 20,

2011.

CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.O. NORTH SHORE CLUB, LLC’S REQUEST FOR FINAL PLAT APPROVAL FOR A

SUBDIVISION TO BE KNOWN AS NORTH SHORE CLUB PD


by Commissioner Davis, the Board unanimously granted

final plat approval for the North Shore Club PD, as


November 1, 2011 12

8.P. RIGHT-OF-WAY ACQUISITION FOR 66TH AVENUE WIDENING PROJECT

6875 AND 6885 66TH AVENUE, SOUTHWEST CORNER OF 69TH

STREET AND

66TH AVENUE, OWNER: US BANK NATIONAL ASSOCIATION (TRS), 1100

VIRGINIA DRIVE, FORT WASHINGTON, PA 19034

Commissioner Davis noted that this item had been brought forward by one of his

associates, and due to a conflict of interest, he would be abstaining from the vote.


by Commissioner O’Bryan, by a 4-0 vote (Commissioner

Davis abstained), the Board approved Alternative No. 1 - a

final offer of $139,000 for the entire property located at

6875 and 6885 66th Avenue, upon approval of the Contract

for Sale and Purchase of real property by the County

Attorney’s Office; and authorized the Chairman to execute

same, as recommended in the memorandum of October

25, 2011.

CONTRACT AND FORM 8B MEMORANDUM OF VOTING CONFLICT

ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

November 1, 2011 13


AGENCIES

9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT

CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2010-

2011

Finance Director Diane Bernardo representing Jeffry K. Barton, invited questions from

the Board regarding the report. There were none.


Vice Chairman Wheeler, the Board unanimously accepted

the Indian River County Clerk of Circuit Court

Constitutional Officer Financial Report for Fiscal Year

2010-2011, as submitted under cover of letter dated

October 26, 2011.

9.B. LESLIE R. SWAN, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS


2011

Supervisor of Elections Leslie Swan asked if the Board had any questions. There were

none.


Vice Chairman Wheeler, the Board unanimously accepted

the Indian River County Supervisor of Elections

Constitutional Officer Financial Report for Fiscal Year

2010-2011, as submitted under cover of letter dated

October 26, 2011.

November 1, 2011 14

9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER


2011



accepted the Indian River County Property Appraiser

Financial Report for Fiscal Year 2010-2011, as submitted

under cover of letter dated October 24, 2011.

9.D. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL

OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2010-2011



accepted the Indian River County Sheriff Constitutional

Officer Financial Report for Fiscal Year 2010-2011, as

submitted under cover of letter dated October 21, 2011.

9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, PURCHASE FROM LAW

ENFORCEMENT TRUST FUND


by Commissioner O’Bryan, the Board unanimously

approved that $29,425.50 from the Sheriff’s Law

Enforcement Trust Fund, be used to purchase Gator Hawk

Body Armor (bullet proof vest) for ten SWAT members,

as requested in the letter dated October 24, 2011.

November 1, 2011 15

10. PUBLIC ITEMS

10.A. PUBLIC HEARING(S) NONE

10.B. PUBLIC DISCUSSION ITEMS – NONE

10.B.1. ADDITION: PRESENTATION FROM PETE SHARMAN

Pete Sharman presented the Board with suggestions on how to renourish the beach in a

less expensive manner (copy of his outline on file).

10.C. PUBLIC NOTICE ITEMS

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 8, 2011

COUNTY INITIATED: REQUEST TO AMEND THE CAPITAL IMPROVEMENTS

ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE)

County Attorney Polackwich read the notice into the record.



12.A. COMMUNITY DEVELOPMENT

12.A.1. CONSIDERATION OF A REQUEST FROM GIRARD EQUIPMENT, INC. FOR A

LOCAL JOBS GRANT

Community Development Director Bob Keating conveyed that Girard Equipment, Inc.

(Girard), a company that manufactures valves, relief vents, and magnetic vacuum breakers for

tank container industries, had applied for a local jobs grant to expand their manufacturing

facility. After providing background, conditions, and analysis, he announced that Girard was

eligible for a local jobs grant of up to $77,000 which would be given over a three-year period.

November 1, 2011 16

Timothy Girard, President of Girard Equipment, Inc., provided further details about his

business, and pointed out that this is a third generation American company that ships about 90%

of their products out of state and country.

Commissioner O’Bryan requested that staff research whether Girard would qualify for

the Tax Abatement Program, and if so, to help them through the process.

MOTION WAS MADE by Commissioner O’Bryan,

SECONDED by Commissioner Flescher, to approve a

Local Jobs Grant of up to $77,000 for Girard Equipment,

Inc., and authorized the Chairman to execute the Jobs

Grant Agreement after approval by appropriate County

staff and the County Attorney’s office, as recommended in

the memorandum of October 19, 2011.

Commissioner Davis questioned whether Girard was located inside the hub zone, which

could also benefit the company. He said he would follow up with staff and contact Mr. Girard

with the determination.

The Chairman CALLED THE QUESTION and the




November 1, 2011 17

12.C. GENERAL SERVICES

12.C.1. BY THE RIVER’S REQUEST TO CLOSE DALE WIMBROW PARK FOR

FUNDRAISING EVENT

Assistant County Administrator Michael Zito reviewed his memorandum announcing the

details of the upcoming fundraising event whereby the non-profit organization, By the River,

Inc., is planning an event called “Up the River with a Paddle”, scheduled for Saturday,

November 19, 2011 at Dale Wimbrow Park. He informed the Board that the event organizers

had contacted staff to request the park be closed to the public from 7:30 a.m. to 3:00 p.m. and

asked for direction.

Joe Coakley, 2050 Pinecreek Boulevard, asked the Board for permission to close the

park for this event, and explained the benefits of holding the event in Indian River County.

Commissioner Davis questioned the boat facilities at the park, and thought it would be

appropriate to notify the public who uses the boat facilities, by posting a sign or making fliers for

car windshields.

Commissioner O’Bryan questioned, and Mr. Coakley clarified, that their request was to

close the Dale Wimbrow Park boat ramp, not the entire park.


Commissioner Flescher, the Board unanimously directed

staff to close the Dale Wimbrow Park boat ramp on

Saturday, November 19, 2011, from 7:30 a.m. to 3:00 p.m.



November 1, 2011 18




12.I. PUBLIC WORKS - NONE


12.J.1. APPROVAL OF BID AWARD FOR IRC BID NO. 2012010, MAINTAIN AND

OPERATE THE WEST REGIONAL WETLANDS SYSTEM

Director of Utility Services Director Erik Olson reported that this request would be for a

three-year contract to monitor and maintain the County’s West Regional Wastewater Treatment

Facility (WWTF) Wetland System. He informed the Board that the lowest bidder was Florida

Environmental Consulting, Inc., and believed they were competent and qualified to proceed

forward.


Vice Chairman Wheeler, the Board unanimously:

(1) approved the bid award to Florida Environmental

Consulting, Inc., as the lowest, most responsive, and

responsible bidder meeting the specifications set forth in

the Invitation to Bid; (2) approved the sample Agreement;

and (3) authorized the Chairman to execute said

Agreements after receipt and approval of the required

Certificate of Insurance and after the County Attorney has

approved the Agreement as to form and legal sufficiency,

November 1, 2011 19

all as recommended in the memorandum of October 17,

2011.


12.J.2. CONSIDERATION OF UTILITIES DEPARTMENT BLOCK GRANT

NEIGHBORHOOD REVITALIZATION CATEGORY CONSULTANT SELECTION

COMMITTEE RECOMMENDATION

Director Olson provided background and analysis regarding the results of the Consultant

Selection Committee for a consultant to administer the Community Development Block Grant

(CDBG) in the Neighborhood Revitalization category, if awarded. He noted that the grant funds

would be used for the construction of a sewer system in the West Wabasso Subdivision. He

thereafter reviewed the bids from the four consulting firms, and recommended the Board approve

the consultant selection prioritization list, with Guardian Community Resource Management,

Inc. being ranked number one.



the consultant selection prioritization list and authorized

staff to begin contract negotiations starting with the

number one ranked firm, Guardian Community Resource

Management, Inc., as recommended in the memorandum


November 1, 2011 20

13. COUNTY ATTORNEY MATTERS – NONE

13.A. ADDITION: CHANGE OF DATE FOR SHADE MEETING FVP MIAMI LAKES,

LLC V. INDIAN RIVER COUNTY, FROM NOVEMBER 15, 2011 TO

DECEMBER 13, 2011

County Attorney Polackwich recalled that at the October 18, 2011 Board of County

Commission meeting, a shade meeting had been scheduled for November 15, 2011, but due to

certain circumstances, now recommends rescheduling it to December 13, 2011.



approved to change the date of the Shade Meeting in FVP

Miami Lakes, LLC v. Indian River County, from

November 15, 2011 to December 13, 2011.







November 1, 2011 21




The Chairman announced that immediately upon adjournment of the Regular Board of

County Commission Meeting, the Board would reconvene as the Board of Commissioners of the

Solid Waste Disposal District. Those Minutes are being prepared separately.

15.B.1. FINAL PAY TO STUART FENCE COMPANY, INC. – BID NO. 2011055 FOR

FENCING IMPROVEMENTS, INDIAN RIVER COUNTY LANDFILL RECYCLING

FACILITY

15.B.2. CONSTRUCTION AND DEMOLITION DEBRIS AT IRC LANDFILL




November 1, 2011 22

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at

9:56 a.m.

ATTEST:

_________________________________ ________________________________


(Clerk’s Note: These minutes were signed by the current Chairman at the time of the Board’s

approval.)


BCC/LA/2011 Minutes

November 8, 2011 1

JEFFREY K. BARTON

Clerk to the Board



OF NOVEMBER 8 , 2011

1. CALL TO ORDER .................................................................................................................. 1

2. INVOCATION ......................................................................................................................... 1

3. PLEDGE OF ALLEGIANCE ................................................................................................. 1

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ......................... 2

ADDITION: ITEM 13.C. GMAC RESCAP ADDENDUM TO STANDARD

PURCHASE CONTRACT APPROVED ON NOVEMBER 1, 2011 .............................. 2

5. PROCLAMATIONS AND PRESENTATIONS ................................................................... 2

5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2011 .......... 2

AS VETERANS DAY ........................................................................................ 2

5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 14 – 18,

2011, AS CVS DISTRIBUTION CENTER APPRECIATION WEEK IN INDIAN

RIVER COUNTY, FLORIDA .............................................................................. 3

6. APPROVAL OF MINUTES ................................................................................................... 3

November 8, 2011 2

6.A. MEETING OF SEPTEMBER 13, 2011 ................................................................. 3

6.B. FINAL BUDGET HEARING OF SEPTEMBER 14, 2011 .......................................... 3

6.C. MEETING OF SEPTEMBER 20, 2011 ................................................................. 4

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT

REQUIRING BOARD ACTION ............................................................................................ 4

7.A. INDIAN RIVER COUNTY CODE CHAPTER 309, FAIR HOUSING – ANNUAL

REPORT………. ............................................................................................. 4

7.B. BOARD OF COUNTY COMMISSIONERS’ APPOINTEE TO THE BEACH AND

SHORE PRESERVATION ADVISORY COMMITTEE VACANCY .............................. 4

7.C. APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES

REPRESENTATIVE TO THE CHILDREN’S SERVICES ADVISORY COMMITTEE ....... 5

7.D. APPOINTMENT OF CITIZEN ACTIVELY SERVING ON LOCAL PLANNING

AGENCY FOR AFFORDABLE HOUSING ADVISORY COMMITTEE ........................ 5

8. CONSENT AGENDA ............................................................................................................. 5

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 21, 2011 TO OCTOBER

27, 2011…….. ............................................................................................. 5

8.B. AWARD OF BID NO: 2012011, TRANS-FLORIDA CENTRAL RAILROAD

GREENWAY TRAIL (NORTH COUNTY REGIONAL PARK TO SEBASTIAN

CROSSINGS BOULEVARD) – IRC PROJECT NO. 0923A ..................................... 6

8.C. APPROVAL OF RESERVE BID FOR PROPOSED AUCTION OF (FORMER)

WINGS OF JOY PARCEL, OWNER: INDIAN RIVER COUNTY, SITE

ADDRESS: 1940 58TH AVENUE, VERO BEACH, FL 32966 ................................. 6

8.D. APPROVAL OF BID AWARD FOR IRC BID NO. 2012013, ANNUAL BID FOR

CARTRIDGE FILTERS ..................................................................................... 6

8.E. APPROVAL OF BID AWARD FOR IRC BID NO. 2012014, DEMOLITION AND

REMOVAL OF THREE (3) COUNTY OWNED STRUCTURES .................................. 7

8.F. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE

CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE

COUNTY ENVIRONMENTAL LANDS PROGRAM ................................................. 7

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES ....................... 8

November 8, 2011 3

9.A. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR:


2011………….. ............................................................................................. 8

10. PUBLIC ITEMS ....................................................................................................................... 9

10.A. PUBLIC HEARINGS ............................................................................................. 9

10.A.1. COUNTY INITIATED REQUEST TO AMEND THE 5-YEAR CAPITAL

IMPROVEMENTS PROGRAM AND SUPPORTING DATA AND ANALYSIS OF

THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN ......... 9

10.B. PUBLIC DISCUSSION ITEMS ................................................................... 11

10.B.1. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING SIDEWALK ON 11TH

STREET, S.W., AND STOP SIGN ON 11TH STREET, S.W .................................... 11

10.C. PUBLIC NOTICE ITEMS - NONE ............................................................. 11

11. COUNTY ADMINISTRATOR MATTERS - NONE .........................................................11

12. DEPARTMENTAL MATTERS ...........................................................................................12

12.A. COMMUNITY DEVELOPMENT - NONE ............................................................ 12

12.B. EMERGENCY SERVICES - NONE .................................................................... 12

12.C. GENERAL SERVICES - NONE ......................................................................... 12

12.D. HUMAN RESOURCES - NONE ........................................................................ 12

12.E. HUMAN SERVICES - NONE ........................................................................... 12

12.F. LEISURE SERVICES - NONE .......................................................................... 12

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ........................................... 12

12.H. RECREATION - NONE ................................................................................... 12

12.I. PUBLIC WORKS 12

12.I.1. WORK ORDER NO. 12 COASTAL TECHNOLOGY CORPORATION INC.,

SECTOR 3 BEACH RESTORATION PROJECT, PHASE 2B CONSTRUCTION

PHASE SERVICES ......................................................................................... 12

12.I.2. PROPOSAL FOR THE EXTENSION AND MODIFICATION OF A TOWER LEASE ...... 13

12.J. UTILITIES SERVICES .................................................................................... 13

12.J.1. DELETED - PROPOSED PROPERTY SWAP WITH KEN MCKELLAR AT

NORTHEAST CORNER OF 31ST AVENUE AND 49TH STREET ............................... 13

November 8, 2011 4

13. COUNTY ATTORNEY MATTERS ....................................................................................14

13.A. CODE ENFORCEMENT BOARD PROCEDURES .................................................. 14

13.B. BUS SHELTER AGREEMENT AND PERMIT FOR USE OF PUBLIC RIGHT-OF-

WAY WITH THE CITY OF VERO BEACH ......................................................... 14

13.C. ADDITION: GMAC RESCAP ADDENDUM TO STANDARD PURCHASE

CONTRACT APPROVED ON NOVEMBER 1, 2011 ............................................. 15

14. COMMISSIONER ITEMS ....................................................................................................16

14.A. COMMISSIONER BOB SOLARI, CHAIRMAN ..................................................... 16

14.A.1. CHILI COOK-OFF ......................................................................................... 16

14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE ...................... 16

14.C. COMMISSIONER WESLEY S. DAVIS ............................................................... 16

14.C.1. LIVE COMMISSION MEETINGS ...................................................................... 16

14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE ............................................... 18

14.E. COMMISSIONER PETER D. O’BRYAN - NONE ................................................ 18

15. SPECIAL DISTRICTS AND BOARDS ..............................................................................18

15.A. EMERGENCY SERVICES DISTRICT - NONE ..................................................... 18

15.B. SOLID WASTE DISPOSAL DISTRICT - NONE ................................................... 18

15.C. ENVIRONMENTAL CONTROL BOARD ............................................................. 18

15.C.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 6, 2011 ............. 18

15.C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY 10-11 (JULY

THROUGH SEPTEMBER 2011)........................................................................ 18

16. ADJOURNMENT ..................................................................................................................19

November 8, 2011 1

JEFFREY K. BARTON

Clerk to the Board

November 8, 2011


COMMISSIONERS




Wheeler, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also


and Deputy Clerk Maureen Gelfo.

1. CALL TO ORDER


2. INVOCATION

Reverend Curtis Bryant, Big Dog Ministries, delivered the Invocation.


Commissioner Flescher led the Pledge of Allegiance to the Flag.

November 8, 2011 2


Chairman Solari requested the following changes to today’s Agenda:

DELETION: ITEM 12.J.1. PROPOSED PROPERTY SWAP WITH KEN MCKELLAR AT

NORTHEAST CORNER OF 31ST AVENUE AND 49TH STREET

ADDITION: ITEM 13.C. GMAC RESCAP ADDENDUM TO STANDARD PURCHASE

CONTRACT APPROVED ON NOVEMBER 1, 2011



the Agenda as amended.


5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2011

AS VETERANS DAY

Commissioner Flescher read and presented the Proclamation to Martin Zickert, President

of the Veterans Council of Indian River County, and Priscilla Cyr and Ed Irons of the American

Legion Post 189 Auxiliary. Announcements were made regarding the November 11, 2011

Veteran’s Day services at Veterans Memorial Island Sanctuary and Sebastian’s Riverview Park,

and the November 19, 2011 grand opening of the Victory Center retail store located at the Indian

River Mall.

November 8, 2011 3

5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 14 – 18, 2011, AS CVS

DISTRIBUTION CENTER APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA

Commissioner Davis read and presented the Proclamation to CVS representatives Jim

Ackerman, Director of Distribution, and Cindy Soucy, Human Resources Manager.

Helene Caseltine, Indian River County Chamber of Commerce, invited Commissioners

and the public to take a public tour of the CVS Distribution Center on November 10, 2011.


6.A. MEETING OF SEPTEMBER 13, 2011

The Chairman asked if there were any corrections or additions to the minutes. There

were none.



the minutes of the September 13, 2011 meeting, as

written.

6.B. FINAL BUDGET HEARING OF SEPTEMBER 14, 2011

The Chairman asked if there were any corrections or additions to the minutes. There

were none.



approved the minutes of the September 14, 2011 Final

Budget Hearing, as written.

November 8, 2011 4

6.C. MEETING OF SEPTEMBER 20, 2011

The Chairman asked if there were any corrections or additions to the minutes. There were

none.



approved the minutes of the September 20, 2011 meeting,

as written.



7.A. INDIAN RIVER COUNTY CODE CHAPTER 309, FAIR HOUSING – ANNUAL REPORT

Noted for the record was the filing of the Fair Housing Annual Report for Fiscal Year

2010-2011.

7.B. BOARD OF COUNTY COMMISSIONERS’ APPOINTEE TO THE BEACH AND SHORE

PRESERVATION ADVISORY COMMITTEE VACANCY

Noted for the record was the vacancy on the Beach and Shore Preservation Advisory

Committee. Bill Glynn was formerly the Commissioners’ Appointee.

November 8, 2011 5

7.C. APPOINTMENT OF DEPARTMENT OF CHILDREN AND FAMILIES REPRESENTATIVE TO THE

CHILDREN’S SERVICES ADVISORY COMMITTEE

Noted for the record was the appointment of Cheri Sheffer as the Department of Children

and Families Representative to the Children’s Services Advisory Committee. Vern Melvin

previously held the position.

7.D. APPOINTMENT OF CITIZEN ACTIVELY SERVING ON LOCAL PLANNING AGENCY FOR

AFFORDABLE HOUSING ADVISORY COMMITTEE

Noted for the record was the appointment to the Affordable Housing Advisory

Committee of Planning & Zoning Commission member Jens Tripson, whose term will expire

January 2013.

8. CONSENT AGENDA

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 21, 2011 TO OCTOBER 27, 2011





27, 2011, as recommended in the memorandum of

October 27, 2011.

November 8, 2011 6

8.B. AWARD OF BID NO: 2012011, TRANS-FLORIDA CENTRAL RAILROAD GREENWAY TRAIL

(NORTH COUNTY REGIONAL PARK TO SEBASTIAN CROSSINGS BOULEVARD) – IRC PROJECT

NO. 0923A



approved the project be awarded to the lowest bidder,

Timothy Rose Contracting, Inc., in the amount of

$161,184.96; and (2) authorized the Chairman to execute

the Agreement with Timothy Rose Contracting, Inc., as


DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.C. APPROVAL OF RESERVE BID FOR PROPOSED AUCTION OF (FORMER) WINGS OF JOY

PARCEL, OWNER: INDIAN RIVER COUNTY, SITE ADDRESS: 1940 58TH AVENUE, VERO

BEACH, FL 32966



authorized staff to determine a reserve price and schedule

a reserve auction for the Wings of Joy property, as


8.D. APPROVAL OF BID AWARD FOR IRC BID NO. 2012013, ANNUAL BID FOR CARTRIDGE

FILTERS



approved bid award to American Water Chemicals, Inc.,

in the amount of $32,482.72, as the lowest and most

November 8, 2011 7

responsive bidder meeting the specifications as set forth in

the Invitation to Bid; (2) authorized the Purchasing

Division to issue blanket purchase orders for the period

beginning November 8, 2011 through September 30, 2012

with the recommended bidder; and (3) authorized the

Purchasing Manager to renew this bid for two (2)

additional one (1) year periods subject to satisfactory

performance, vendor acceptance, and the determination

that renewal of this annual bid is in the best interest of

Indian River County; all as recommended in the

memorandum of November 1, 2011.

8.E. APPROVAL OF BID AWARD FOR IRC BID NO. 2012014, DEMOLITION AND REMOVAL OF

THREE (3) COUNTY OWNED STRUCTURES



approved: (1) the bid to LGT Enterprises, LLC in the

amount of $18,479.00, as the lowest most responsive and

responsible bidder meeting the specifications as set forth

in the Invitation to Bid; and (2) the issuance of a purchase

order, as recommended in the memorandum of October

31, 2011.

8.F. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE CONSERVATION

FUND FOR PROFESSIONAL SERVICES RELATING TO THE COUNTY ENVIRONMENTAL LANDS

PROGRAM



November 8, 2011 8

authorized the Chairman to execute the “4th Amendment

of Agreement for Professional Services between Indian

River County and The Conservation Fund Charitable

Trust”, as recommended in the memorandum of October

31, 2011.



AGENCIES

9.A. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR: CONSTITUTIONAL

OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2010-2011

Tax Collector Carole Jean Jordan began her presentation by introducing new Chief of

Staff Brenda Doninger, and Finance Director Eve Prete. She provided an overview of the

agency’s operations and budgets, highlighting changes that have occurred since their office

became a Driver License and Motor Vehicle Service Center. Ms. Jordan explained that at the

end of the fiscal year, the Tax Collector’s office returns any excess funds to the County, and

presented to the Board a facsimile of a check for $2,979,383.68.


by Commissioner Davis, the Board unanimously accepted:

(1) the Tax Collector’s Annual Fiscal Report for the

Fiscal Year ended September 30, 2011; and (2) the Report

of Distribution of Excess Fees for Fiscal Year ended

September 30, 2011 as requested in the memorandum of

October 28, 2011.

November 8, 2011 9

10. PUBLIC ITEMS

10.A. PUBLIC HEARINGS

10.A.1. COUNTY INITIATED REQUEST TO AMEND THE 5-YEAR CAPITAL IMPROVEMENTS PROGRAM

AND SUPPORTING DATA AND ANALYSIS OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE

COMPREHENSIVE PLAN

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD

Community Development Director Robert Keating gave a PowerPoint Presentation (copy

on file), concerning proposed amendments to the 5-year Capital Improvements Program (CIP)

and supporting data and analysis sections of the Capital Improvements Element (CIE) of the

Comprehensive Plan. He provided an overview of the changes, noting that an additional 6-cent

increase to the local option gas tax has been included as a planned revenue source for

transportation projects in years four and five of the Capital Improvements Program; and that

under the Recreation and Open Space category, increased costs have been projected for the

South County Regional Park Intergenerational Recreation Facility. He thereafter asked the Board

to approve adoption of the proposed Ordinance updating the Capital Improvements Program

schedule and related sections of the Capital Improvements Element. Director Keating stressed

that the Board is not making a commitment to increasing the local option gas tax by adopting the

Ordinance.

Responding to Vice Chairman Wheeler’s query on recreational revenues, Administrator

Baird described the County’s plans and proposed budgets for the aforementioned South County

Park facility. He added that staff would report on this item at the Board meeting of November

15, 2011.

In response to Commissioner Davis’s questions, staff provided additional details about

transportation funding and projects, revealing that County Road 510 (CR510) is the only County

road that is over capacity.

November 8, 2011 10


Renee Renzi, Waverly Place, asked the Board to see if some faded road striping could be

improved on a portion of Schumann Drive.

Director Mora revealed that the City of Sebastian owns part of the roadway; however,

staff would evaluate the situation on the County’s portion of the road.

Bob Johnson, Coral Wind Subdivision, opposed the potential 6-cent increase in the local

option gas tax proposed for the 2014-2015 Capital Improvements Program, and was concerned

that the Board’s approval of staff’s request today would automatically approve the tax.

Discussion followed regarding the additional 6-cent increase to the local option gas tax.

Staff assured Mr. Johnson that the Board was not at this time approving the increase, and that the

matter would have to go before a public hearing at the time of consideration.

Commissioner O’Bryan added that including the increase in the planning document does

not automatically mean the Board is going to approve it, and historically, the Board has not

supported the fuel tax increase.

Mr. Johnson re-addressed the Board to voice opposition to the road widening project on

Oslo Road, and to the proposed South County Park recreational facility.

Staff and Commissioners elaborated on the need for the road improvements. Regarding

the recreational facility costs, Administrator Baird explained that the County would partner with

other non-profit organizations to offset costs.


November 8, 2011 11



adopted Ordinance 2011-009, amending the text of the

Comprehensive Plan’s Capital Improvements Element by

updating the County’s 5-year Capital Improvements

Program (CIP) schedule and related data and analysis

sections; and providing severability and effective date.

10.B. PUBLIC DISCUSSION ITEMS

10.B.1. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING SIDEWALK ON 11TH STREET, S.W.,

AND STOP SIGN ON 11TH STREET, S.W

Joe Wiggins, 895 11th Street S.W., addressed the Board with his request for construction

of a sidewalk on 11th Street S.W., for the purpose of keeping the children who walk the road

safe. He also questioned the placement and efficacy of the 4-way stop sign that had been

erected, which he did not believe was deterring speeders.

Director Mora explained why the 4-way stop sign had been employed as a traffic calming

mechanism for the subject area.

Commissioner O’Bryan added that the stop sign had been installed because the County

did not possess the necessary right-of-way to construct the sidewalk requested by Mr. Wiggins at

prior meetings.

No Board Action Required or Taken

10.C. PUBLIC NOTICE ITEMS - NONE


November 8, 2011 12


12.A. COMMUNITY DEVELOPMENT - NONE








12.I. PUBLIC WORKS

12.I.1. WORK ORDER NO. 12 COASTAL TECHNOLOGY CORPORATION INC., SECTOR 3 BEACH

RESTORATION PROJECT, PHASE 2B CONSTRUCTION PHASE SERVICES

Director Mora reported that Work Order No. 12 with Coastal Technology Corporation,

Inc., was for engineering services associated with the final phase (Phase 2b) of the Sector 3

Beach Restoration Project. He conveyed that most of the work would be done at Treasure

Shores Beach Park, and anticipated work to commence in January 2012. Dr. Mora advised that

since the original work order was due to expire December 2011, the terms of the contract would

be extended through the completion of Phase 2b.

November 8, 2011 13



and authorized the Chairman to execute Work Order No.

12 with Coastal Technology Corporation, Inc., in the

amount of $200,354; as recommended in the



12.I.2. PROPOSAL FOR THE EXTENSION AND MODIFICATION OF A TOWER LEASE



authorized the Chairman to execute the Third Amendment

to License with Pinnacle Towers LLC; c/o Crown Castle

USA, Inc. (original agreement with Sandab

Communications), as recommended in the memorandum




12.J.1. DELETED - PROPOSED PROPERTY SWAP WITH KEN MCKELLAR AT NORTHEAST CORNER OF

31ST AVENUE AND 49TH

STREET

The Chairman called a break at 10:28 a.m., and reconvened the meeting at 10:35 a.m.,


November 8, 2011 14


13.A. CODE ENFORCEMENT BOARD PROCEDURES

Deputy County Attorney Bill DeBraal gave an overview of the Code Enforcement

Board’s procedures relative to the assessment of fines, and the recording and subsequent

satisfaction of liens against a violator. He asked the Board to clarify the authority of the Code

Enforcement Board by approving the proposed Resolution authorizing the Code Enforcement

Board to reduce a fine and satisfy a lien upon payment of the fine; and authorizing the

Community Development Director or his designee to sign off on a lien satisfaction, in place of

the Chairman of the Code Enforcement Board.



Resolution 2011-102, delegating certain authority to the

Code Enforcement Board and the Community

Development Director to reduce, compromise, satisfy and

release Code Enforcement Board Liens.

13.B. BUS SHELTER AGREEMENT AND PERMIT FOR USE OF PUBLIC RIGHT-OF-WAY WITH THE

CITY OF VERO BEACH

Deputy County Attorney Bill DeBraal explained that the proposed agreement with the

City of Vero Beach would allow the GoLine Indian River Transit System to install bus shelters

on City rights-of-way without having to come before the City Council or County Commission.

He reported that two shelter locations have already been identified within the City limits - one

adjacent to Michael Field and the other in front of the Publix Supermarket on Miracle Mile. He

thereafter presented staff’s recommendation for the Board to approve the blanket agreement and

permit for use of public right-of-way within the City of Vero Beach.

November 8, 2011 15



and authorized the Chairman to execute the Bus Shelter

Agreement and Permit with the City of Vero Beach for

use of public right-of-way, as recommended in the

memorandum of November 1, 2011.


13.C. ADDITION: GMAC RESCAP ADDENDUM TO STANDARD PURCHASE CONTRACT APPROVED

ON NOVEMBER 1, 2011

Attorney DeBraal recalled that on November 1, 2011 the Board approved the purchase of

a right-of-way parcel located on the SW corner of 69th Street and 66th Avenue, formerly owned

by the Loudermilks, acquired by US Bank National Association (TRS), and now owned by

GMAC ResCap. He stated that in response to the Board’s purchase offer of $139,000, GMAC

has requested the Board approve an addendum, in which they have outlined additional

stipulations to the purchase agreement. After recapping and analyzing the details of the

addendum, Attorney DeBraal confirmed staff’s recommendation for the Board to approve the

addendum to the standard Purchase Contract with GMAC ResCap and proceed with the

acquisition of the subject parcel.

Commissioner Davis declared that due to a conflict of interest, he would abstain from

voting on this matter.


by Vice Chairman Wheeler, by a 4-0 vote (Commissioner

Davis abstained), the Board approved the addendum and

authorized staff to move forward with the purchase of the

right-of-way parcel on the SW corner of 69th Street and

November 8, 2011 16

66th Avenue, formerly owned by the Loudermilks,

acquired by US Bank National Association ( TRS), and

now owned by GMAC ResCap.

FORM 8B MEMORANDOM OF VOTING CONFLICT ON FILE

IN THE OFFICE OF THE CLERK TO THE BOARD


14.A. COMMISSIONER BOB SOLARI, CHAIRMAN

14.A.1. CHILI COOK-OFF

Chairman Solari announced that the upcoming Chili Cook-Off would be held at Riverside

Park on Friday, November 11, 2011, from 5:00 to 9:00 p.m.


14.C. COMMISSIONER WESLEY S. DAVIS

14.C.1. LIVE COMMISSION MEETINGS

Commissioner Davis wanted to explore the possibility of enhancing the County’s video

streaming capabilities to provide faster and more direct access to County Commission or other

government meetings, and/or a particular agenda item therein. He related that when he

mentioned this to Adam Williams, Computer Support Services, he learned that the Clerk of

Court’s office was also researching a system concerning minutes and County records searches

and storage.

Jason Brown, Director of Management and Budget, affirmed the need to increase the

functionality of the live media streaming and replay abilities on the County’s website. He said

the County has already implemented a new system called Vimeo for the 2011 Board meetings,

allowing easier access to a particular section of a meeting, and mentioned that another system,

November 8, 2011 17

EarthChannel, would allow an individual to click on a particular agenda item and link to that

precise spot in the video; it would also provide more functionality during live streaming of the

meetings.

Mr. Williams reported on a third system, Granicus, that would allow the County to have

unlimited streaming, with data being stored on its server, rather than the County’s. He conveyed

that meetings going back to 2002 could be viewed on the system, and that Granicus was more

user friendly than EarthChannel.

Director Brown outlined the following approximate costs for the three systems:

VIMEO EARTH CHANNEL GRANICUS $59 Annually $4900 Annually $1300 Monthly

He noted that Vimeo was readily affordable; however, neither EarthChannel nor Granicus

has been budgeted for. Director Brown added that the County and the Clerk’s office were

exploring the purchase of a mutually beneficial system.

Vice Chairman Wheeler wanted to see whether the purchase of EarthChannel or the

Granicus system would receive enough online use to justify the expenditure. He asked staff to

see how many people use the Granicus-based Martin County website.

Commissioner Davis pointed out that the prospective system would be used not only to

enhance the County’s video streaming capabilities, but to augment the Clerk’s archiving ability.

Chief Deputy Clerk Jeff Smith reported that the Granicus system would facilitate the

Clerk’s functions of archiving official documents, performing public records requests from

citizens and County staff, and minutes preparation and storage. He stated that Clerk and County

staff were working together to find a workable system. Mr. Smith noted that EarthChannel

currently has no package for the Clerk and would work only for the County; however, Granicus

would provide solutions for both entities.

November 8, 2011 18

Chairman Solari directed County staff to work with the Clerk’s office to explore this

matter further and report back to the Board.

Responding to Commissioner Davis’s query, Mr. Smith confirmed that the Clerk had not

included this expenditure in the 2011-2012 Fiscal Year budget.





15.B. SOLID WASTE DISPOSAL DISTRICT - NONE

15.C. ENVIRONMENTAL CONTROL BOARD

The Chairman announced that immediately upon adjournment of the regular Board

Meeting, the Board would reconvene as the Board of Commissioners of the Environmental

Control Board. Those Minutes are being prepared separately.

15.C.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 6, 2011

15.C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY 10-11 (JULY THROUGH SEPTEMBER

2011)



November 8, 2011 19

16. ADJOURNMENT


10:54 a.m.

ATTEST:

_________________________________ ________________________________


(Clerk’s Note: These minutes were signed by the current Chairman at the time of the

Board’s approval.)


BCC/MG/2011Minutes

November 15, 2011 1

JEFFREY K. BARTON

Clerk to the Board



NOVEMBER 15, 2011

1. CALL TO ORDER .............................................................................................................................. 1

2. INVOCATION .................................................................................................................................... 1


ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN ........................................ 2

ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN ............................. 3

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS .................................... 4

ADDITION: ITEM 5.I. CHILI COOK-OFF COMMENTS ................................................. 4

MOVED: ITEM 14.E. ECONOMIC LEADERSHIP ALLIANCE, TO FOLLOW ITEM

5.H. ........................................................................................................................ 4


5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 18-24, 2011 AS

NATIONAL FARM-CITY WEEK IN INDIAN RIVER COUNTY ......................................... 4

5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 20 THROUGH

NOVEMBER 26, 2011 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY ...... 4

November 15, 2011 2

5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER,

2011 AS NATIONAL ADOPTION AWARENESS MONTH ................................................ 5

5.D. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 1, 2011 AS

WORLD AIDS DAY IN INDIAN RIVER COUNTY .......................................................... 5

5.E. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15, 2011 AS

“AMERICA RECYCLES DAY” .................................................................................... 5

5.F. PRESENTATION OF 2011 CONSERVATION COOPERATOR OF THE YEAR AWARD

TO CODY ESTES AND JIM HOFFMAN OF ESTES CITRUS, BY DAVID GUNTER,

CHAIRMAN OF THE BOARD OF SUPERVISORS OF THE INDIAN RIVER SOIL AND

WATER CONSERVATION DISTRICT ........................................................................... 6

5.G. PRESENTATION OF WORKFORCE SOLUTIONS TWO-YEAR STRATEGIC PLAN BY

RICHARD STETSON, CEO AND PRESIDENT OF WORKFORCE SOLUTIONS ..................... 6

5.H. PRESENTATION BY TONY DONADIO, CO-CHAIR, ECONOMIC LEADERSHIP

ALLIANCE – INDIAN RIVER COUNTY CHAMBER OF COMMERCE ECONOMIC

DEVELOPMENT ....................................................................................................... 6

5.I. ADDITION: CHILI COOK-OFF COMMENTS ................................................................ 7

6. APPROVAL OF MINUTES – NONE ............................................................................................... 7


BOARD ACTION ............................................................................................................................... 7

7.A. DISTRICT 1 APPOINTMENT TO TREASURE COAST REGIONAL PLANNING

COUNCIL – COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (TCRPC –

CEDS) ................................................................................................................... 7

8. CONSENT AGENDA ........................................................................................................................ 7

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 27, 2011 TO NOVEMBER 3,

2011 ....................................................................................................................... 8

8.B. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY

CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO ACT

IN A STATE DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY .................. 8

8.C. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM

COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN ................. 9

November 15, 2011 3

8.D. FORMER CATTLE DIP SITE – GEOSYNTEC CONSULTANTS, INC. AMENDMENT

NO. 1 TO WORK ORDER # 24 – SITE ASSESSMENT................................................... 10

8.E. ARCHIE SMITH SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE

RENEWAL ............................................................................................................. 10

8.F. APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT FEDERALLY-

FUNDED SUBGRANT AGREEMENTS 12-FG-R3-10-40-01-098, SUBGRANT

AGREEMENT 12-BG-05-10-40-01-031, AND HAZARD ANALYSIS SUBGRANT 12-

CP-03-10-40-01-196 ............................................................................................. 11

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................11

10. PUBLIC ITEMS - NONE .................................................................................................................11



12.A. COMMUNITY DEVELOPMENT - NONE ...................................................................... 11


12.C. GENERAL SERVICES - NONE .................................................................................. 12

12.D. HUMAN RESOURCES – NONE ................................................................................. 12





12.H.1. AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS FOR DESIGN/BUILD

SERVICES TO CONSTRUCT THE SOUTH COUNTY REGIONAL PARK

INTERGENERATIONAL RECREATION FACILITY ........................................................ 12

12.I. PUBLIC WORKS – NONE ........................................................................................ 14


12.J.1. APPROVAL AND EXECUTION OF CONTINUING SERVICES CONTRACT TO

ENGINEERING CONSULTANTS FOR PUBLIC WORKS, SOLID WASTE DISPOSAL

AND UTILITIES PROJECTS ...................................................................................... 15

November 15, 2011 4

13. COUNTY ATTORNEY MATTERS ...............................................................................................15

13.A. INDIAN RIVER COUNTY COMMITTEES – MEMBER REAPPOINTMENTS ....................... 15






14.E. COMMISSIONER PETER D. O’BRYAN ...................................................................... 16

14.E.1. ECONOMIC LEADERSHIP ALLIANCE ....................................................................... 16




15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 13, 2011 ..................... 17

15.B.2. WORK ORDER NO. 1 TO GEOSYNTEC FOR PREPARATION OF TITLE V AIR

OPERATION PERMIT RENEWAL AND TIER 2 TESTING FOR THE COUNTY

LANDFILL ............................................................................................................. 17


16. ADJOURNMENT .............................................................................................................................18

November 15, 2011 1

JEFFREY K. BARTON

Clerk to the Board

November 15, 2011


COMMISSIONERS




Wheeler, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also


and Deputy Clerk Leona Adair Allen.

1. CALL TO ORDER


2. INVOCATION

Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.


Commissioner Davis led the Pledge of Allegiance to the Flag.

November 15, 2011 2

ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN

Chairman Solari passed the gavel to Attorney Alan S. Polackwich, Sr. to conduct the

election of the Chairman and Vice Chairman of the Board of County Commissioners.

Attorney Polackwich reminded the Board that Section 101.02 of the Indian River County

Code states that annually, at its meeting on the third Tuesday, following the first Monday in

November the Board shall select from its members a Chairman and Vice Chairman. The date

referenced is next Tuesday, November 22, and no meeting is scheduled; therefore, the Board

decided to elect the Chairman and Vice Chairman at this meeting, with the understanding that

their positions will become effective on November 22, 2011.

Attorney Polackwich opened the floor to nominations for Chairman.

Commissioner O’Bryan NOMINATED Commissioner

Gary C. Wheeler for Chairman.

There being no other nominations, Attorney Polackwich closed the nominations.

Attorney Polackwich CALLED FOR A VOTE on the

nomination for Chairman. The Board unanimously

accepted the NOMINATION and appointed

Commissioner Gary C. Wheeler as Chairman for the year

2012.

November 15, 2011 3

ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN

Attorney Polackwich opened the floor to nominations for Vice Chairman.

Commissioner Davis NOMINATED Commissioner

Joseph E. Flescher for Vice Chairman.

Commissioner Wheeler NOMINATED Commissioner

Peter D. O’Bryan for Vice Chairman.

There being no other nominations, Attorney Polackwich closed the nominations.

Attorney Polackwich CALLED FOR A VOTE on the

NOMINATION of Joseph E. Flescher for Vice Chairman.

By a 2-3 vote (Commissioners O’Bryan, Solari and

Wheeler opposed), the NOMINATION FAILED.

Attorney Polackwich CALLED FOR A VOTE for the

NOMINATION of Peter D. O’Bryan for Vice Chairman.

The Board, by a 3-2 vote (Commissioners Davis and

Flescher opposed), accepted the NOMINATION and

appointed Commissioner Peter D. O’Bryan as Vice

Chairman for the year 2012.

Attorney Polackwich passed the gavel back to Chairman Solari.

November 15, 2011 4


Chairman Solari requested the following changes to the Agenda:

ADDITION: ITEM 5.I. CHILI COOK-OFF COMMENTS

MOVED: ITEM 14.E. ECONOMIC LEADERSHIP ALLIANCE, TO FOLLOW ITEM 5.H.



the Agenda, as amended.


5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 18-24,

2011 AS NATIONAL FARM-CITY WEEK IN INDIAN RIVER COUNTY

Commissioner Davis read and presented the Proclamation to Kay Shinn, Treasurer for the

Indian River County Farm Bureau; Lindsay Adams, 4-H Agent; and Tom Hill from the Indian

River County Farm Bureau.

5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 20

THROUGH NOVEMBER 26, 2011 AS CHRISTIAN HERITAGE WEEK IN

INDIAN RIVER COUNTY

Chairman Solari read and presented the Proclamation to Dr. Craig McGarvey, President

of the American Family Association.

November 15, 2011 5

5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF

NOVEMBER, 2011 AS NATIONAL ADOPTION AWARENESS MONTH

Commissioner O’Bryan read and presented the Proclamation to Michelle King, Director

of the Children’s Home Society of Florida.

5.D. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 1, 2011 AS

WORLD AIDS DAY IN INDIAN RIVER COUNTY

Commissioner Flescher read and presented the Proclamation to John May and Miranda

Swanson, County Health Department.

Mr. May invited the residents of Indian River County to join them on World Aids Day,

December 1, 2011, from 6:00 a.m. to 8:00 p.m., at the Vero Beach Heritage Center, to be tested

for aids without charge.

5.E. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15, 2011

AS “AMERICA RECYCLES DAY”

Vice Chairman Wheeler read and presented the Proclamation to Executive Director Vicki

Wild, Keep Indian River Beautiful; and Managing Director Himanshu Mehta, Solid Waste

Disposal District.

November 15, 2011 6

5.F. PRESENTATION OF 2011 CONSERVATION COOPERATOR OF THE YEAR

AWARD TO CODY ESTES AND JIM HOFFMAN OF ESTES CITRUS, BY DAVID

GUNTER, CHAIRMAN OF THE BOARD OF SUPERVISORS OF THE INDIAN

RIVER SOIL AND WATER CONSERVATION DISTRICT

Chairman of the Indian River Soil and Water Conservation District David Gunter

presented the 2011 Conservation Cooperator of the Year Award to Cody Estes and Jim Hoffman

of Estes Citrus, for their example of leadership and achievement in conservation.

5.G. PRESENTATION OF WORKFORCE SOLUTIONS TWO-YEAR STRATEGIC PLAN

BY RICHARD STETSON, CEO AND PRESIDENT OF WORKFORCE SOLUTIONS

Richard Stetson, CEO and President of Workforce Solutions, explained the productivity,

efficiency, and effectiveness of their modified and ongoing two-year operational plan, as well as

its programs.

5.H. PRESENTATION BY TONY DONADIO, CO-CHAIR, ECONOMIC LEADERSHIP

ALLIANCE – INDIAN RIVER COUNTY CHAMBER OF COMMERCE ECONOMIC

DEVELOPMENT

Tony Donadio, Co-Chair of the Economic Leadership Alliance, presented the Board with

an update on the Indian River County Chamber of Commerce economic development activities.

The Chairman called a break at 10:06 a.m., and reconvened the meeting at 10:14 a.m.,


(Clerk’s Note: After the break, Chairman Solari requested Item 14.E., Economic

Leadership Alliance, be heard as the next Agenda item.)

November 15, 2011 7

5.I. ADDITION: CHILI COOK-OFF COMMENTS

(Clerk’s Note: This item was heard after item 14.E. and is placed here for continuity.)

Chairman Solari commented on the eighth annual November 12th Chili Cook-Off at

Riverside Park and announced the Indian River County Utility Department as the first place

winner.

6. APPROVAL OF MINUTES – NONE



7.A. DISTRICT 1 APPOINTMENT TO TREASURE COAST REGIONAL PLANNING

COUNCIL – COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY

(TCRPC – CEDS)

Noted for the record was the appointment of Mark Mathis to the Treasure Coast Regional

Planning Council – Comprehensive Economic Development Strategy.

8. CONSENT AGENDA

Vice Chairman Wheeler requested to pull Item 8.C. from the Consent Agenda for

discussion.



approved the Consent Agenda, as amended.

November 15, 2011 8

8.A. APPROVAL OF WARRANTS AND WIRES – OCTOBER 27, 2011 TO

NOVEMBER 3, 2011



approved the list of Warrants and Wires as issued by the

Clerk to the Board for the time period of October 27, 2011

to November 3, 2011, as requested in the memorandum of

November 3, 2011.

8.B. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY

CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO

ACT IN A STATE DECLARED EMERGENCY AFFECTING INDIAN RIVER

COUNTY



approved Resolution 2011-103, directing depositories of

County funds to honor certain authorized signatures on

County checks, warrants, and other orders for payment;

providing for Board of County Commissioners and Clerk

of the Circuit Court signatories; rescinding Resolution No.

2010-097 effective November 22, 2011; delegating

authority to the County Administrator to declare states of

local emergencies and to act in a State of Florida declared

emergency affecting Indian River County; and providing

an effective date.

November 15, 2011 9

8.C. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM

COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN

At the request of Vice Chairman Wheeler, Community Development Director Bob

Keating reviewed the memorandum dated November 3, 2011, to provide an overview of the

proposed modification to the Neighborhood Stabilization Program Community Development

Block Grant Housing Assistance plan.

Vice Chairman Wheeler sought further details from Director Keating, and pointed out

that gap financing would increase the loan by 50%, instead of 35%. He felt this program was

another bail-out on a local level to disguise where the money is really coming from so the

Federal Government does not take all the heat for bailing out the banks.


Commissioner Flescher, by a 4-1 vote (Vice Chairman

Wheeler opposed), the Board approved the proposed

change to the Neighborhood Stabilization Program (NSP)

Community Development Block Grant (CDBG) Housing

Assistance Plan, and authorized the Chairman to execute

the revised Housing Assistance Plan (HAP), as

recommended in the memorandum of November 3, 2011.


November 15, 2011 10

8.D. FORMER CATTLE DIP SITE – GEOSYNTEC CONSULTANTS, INC.

AMENDMENT NO. 1 TO WORK ORDER # 24 – SITE ASSESSMENT



approved Amendment No. 1 to Work Order No. 24,

authorizing the services outlined in the Scope of Services

(Attachment A, Attachment B, and Figure 1), and

authorized the Chairman to execute Amendment No. 1 on

their behalf, all as recommended in the memorandum of

November 4, 2011.

AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.E. ARCHIE SMITH SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE

RENEWAL



approved the lease renewal and authorized the Chairman

to execute the Sovereignty Submerged Lands Fee Waived

Lease Renewal on behalf of the Board, as recommended

in the memorandum of November 8, 2011.



8.F. APPROVAL OF EXPENDITURES FOR EMERGENCY MANAGEMENT

FEDERALLY-FUNDED SUBGRANT AGREEMENTS 12-FG-R3-10-40-01-

098, SUBGRANT AGREEMENT 12-BG-05-10-40-01-031, AND HAZARD

ANALYSIS SUBGRANT 12-CP-03-10-40-01-196



approved the expenditures as directed in the Federally

Funded Subgrant Agreements (12-BG-05-10-40-01-031

and 12-FG-R3-10-40-01-098) and the 2011-2012 Hazard

Analysis Subgrant Agreement (12-CP-03-10-40-01-196),

as recommended in the memorandum of November 1,

2011.


AGENCIES - NONE

10. PUBLIC ITEMS - NONE



12.A. COMMUNITY DEVELOPMENT - NONE




12.D. HUMAN RESOURCES – NONE




12.H. RECREATION

12.H.1. AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS FOR

DESIGN/BUILD SERVICES TO CONSTRUCT THE SOUTH COUNTY REGIONAL

PARK INTERGENERATIONAL RECREATION FACILITY

Assistant County Administrator Michael Zito, recapped his memorandum dated

November 8, 2011, to provide background, alternatives, analysis, and funding details regarding

the request to increase the size of the multipurpose building by 20,000 additional square feet. He

recommended the Board find the expansion necessary to accommodate the population growth in

the South County area, find that the County would benefit from the expansion, and authorize the

issuance of a request for proposals to design/build an Intergenerational Recreation Center at

South County Regional Park.

Vice Chairman Wheeler voiced concerns over population growth and spending the

money to expand the facility at this time.

Administrator Baird felt this would be a great opportunity for the County since the costs

would be offset by partnering with non-profit organizations. He stated that the Center would be

primarily occupied by the senior population during the day, the school students after school, and


would serve the needs of the recreation programs in the evenings and on weekends. He also

pointed out that this item has been in the Comprehensive Plan since 2003, and the original

suggestion to increase the facility by 30,000 square feet, has been cut back to 20,000 square feet.

Assistant Administrator Zito responded to Commissioner Flescher’s questions regarding

the lack of available indoor facilities that could be used by local youth.

Charlie Wilson, 1057 6th Avenue, emphasized that impact fees cannot be used for future

needs when the level of service has not been exceeded, or for future needs outside of the six-year

time frame from when the fees were paid. He voiced concern, and asked the Board to make a

decision on refunding the 101 Fund.

Attorney Polackwich provided Mr. Wilson with a brief history of the 101 Fund issue and

disclosed that it would come back to the Board in December with a recommendation.

Joe Wiggins, 895 11th Street SW, encouraged the Board to take care of the local youth by

moving forward with the proposed construction to the South County Regional Park multipurpose

facility.

Bob Johnson, Coral Wind Subdivision, believed a workshop should have been

announced to discuss the need for the increase to the facility. He believed that if an indoor

recreation facility is truly needed, the Dodgertown location should be considered.

Commissioner O’Bryan conveyed that the public wanted this project and he was glad to

see it moving forward. He pointed out that District 4 has had significant growth, that under the

current redistricting they had given up territory to get the numbers down, and that it is the

smallest geographical district, yet one of the top three in population.



SECONDED by Commissioner Flescher, to (1) find the

expansion of the project from 20,000 square feet to 40,000

square feet is necessary to accommodate growth in the

South County area, and that such growth will benefit from

the expansion; and (2) authorize the issuance of a Request

for Proposals to design/build an Intergenerational

Recreation Center at South County Regional Park, as

recommended in the memorandum of November 8, 2011.

Discussion ensued regarding the projected operation of the facility, looking at all

alternatives, this being a joint effort with the Senior Resource Center and the Boys’ and Girls’

Club, the high usage of the South County Park, and this proposal being in the Master Plan since

the 1990’s.

Attorney Polackwich did not believe the use of impact fees would be an improper use of

money because the total project budget is about $5.5 million, with $2.2 million (about 40%)

coming from impact fees. He said that under the law, it is appropriate to use impact fees to pay

the proportionate share of the new infrastructure that is necessary to accommodate the expansion

of the facility.

Administrator Baird said staff would see what it would cost to have the structure

hardened so it could be used as a hurricane evacuation center.



12.I. PUBLIC WORKS – NONE



12.J.1. APPROVAL AND EXECUTION OF CONTINUING SERVICES CONTRACT TO

ENGINEERING CONSULTANTS FOR PUBLIC WORKS, SOLID WASTE

DISPOSAL AND UTILITIES PROJECTS


by Vice Chairman Wheeler, the Board unanimously

approved the continuing services contracts with authorized

engineering firms (listed on page 70 of the Agenda

Packet) for a three (3) year contract; allowed for a three

(3) year contract renewal; and authorized the Chairman to

execute same, all as recommended in the memorandum of

November 4, 2011.

CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD


13.A. INDIAN RIVER COUNTY COMMITTEES – MEMBER REAPPOINTMENTS

Attorney Polackwich provided background regarding the adoption of Resolution

2011-072, which deals with the County Attorney’s Office monitoring committee member terms.

He conveyed that his office had contacted the committee members whose terms will expire in

January 2012 and created a list (page 74 of the Agenda Packet) of the members who have

requested reappointment. He asked the Board to review and consider the committee members

listed for reappointment.




the list of committee members requesting reappointment,

as listed and recommended in the memorandum of

November 3, 2011.






14.E. COMMISSIONER PETER D. O’BRYAN

14.E.1. ECONOMIC LEADERSHIP ALLIANCE

(Clerk’s Note: This item was heard following Item 5. H. and is placed here for

continuity.)

Commissioner O’Bryan provided background regarding the level of funding from

different Counties, as well as the importance of the relationship between the level of funding and

the level of success. He wanted to improve the image of Indian River County as being business-

friendly and committed to providing incentives for local businesses; therefore, he proposed that

the Chamber of Commerce solicit private industry to raise additional funds for economic

development, with the County participating in the fundraising effort by providing $1.00 (up to a

maximum cap of $25,000) for every $3.00 raised by the private sector.



SECONDED by Vice Chairman Wheeler, that the County

pledge to match $1.00 for every $3.00 raised by the

private sector, with a maximum County cap of $25,000.

Chairman Solari sought and received information regarding when the matching funds

would start. He suggested the Chamber of Commerce ask the Municipalities for additional

matching funds.






The Chairman announced that immediately upon adjournment, the Board would

reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes

are being prepared separately.

15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 13, 2011

15.B.2. WORK ORDER NO. 1 TO GEOSYNTEC FOR PREPARATION OF TITLE V

AIR OPERATION PERMIT RENEWAL AND TIER 2 TESTING FOR THE

COUNTY LANDFILL





16. ADJOURNMENT


11:08 a.m.

ATTEST:

_________________________________ ________________________________

Jeffrey K. Barton, Clerk Bob Solari, Chairman


approval.)


BCC/LA/2011 Minutes

November 1, 2011 1

JEFFREY K. BARTON

Clerk to the Board

November 1, 2011


MEETING MINUTES

The Board of Commissioners of the Solid Waste Disposal District met at the County

Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, November 1, 2011.

Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, Commissioners Wesley S.

Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also present were County Administrator Joseph

A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen.


15.B. APPROVAL OF MINUTES

15.B.1. FINAL PAY TO STUART FENCE COMPANY, INC. – BID NO.

2011055 FOR FENCING IMPROVEMENTS, INDIAN RIVER COUNTY

LANDFILL RECYCLING FACILITY



approved the final payment in the amount of $24,300.00 to

Stuart Fence Company, Inc., as recommended in the


November 1, 2011 2

15.B.2. CONSTRUCTION AND DEMOLITION DEBRIS AT IRC LANDFILL

Director of Utility Services Erik Olson recalled that during the October 18, 2011 Solid

Waste Disposal District (SWDD) Board meeting there had been discussion regarding the

implementation of a 90-day pilot project to recycle construction and demolition (C&D) debris

(paper products and metal). During said meeting, staff expressed concerns that below a certain

percentage of recycling, the recycling project would become a cost to the County, and Republic

Services (Republic) expressed that they had no control over the amount of material that would be

recycled. Director Olson provided fee and credit information pertaining to recycled materials, and

recommended proceeding with the 90-day pilot project for C&D materials, which would minimize

the liability for both the County and Republic, and allow the County to determine if the program is

a viable process. He reiterated that the 90-day period would not give Republic a contract beyond

the amount of the pilot project, it would allow staff to make decisions as to whether it makes sense,

and whether there are other private companies within the County that might be viable for the

process.

Lou April, Citrus Springs, wanted to know if there was a relationship with today’s topic

and next week’s meeting with the company who purchased property across the street from the

landfill.

Director Olson clarified that the pilot project has no correlation with the contractor who is

considering building across the street from the landfill.

Bill Rigby, 8465 59th Avenue, questioned the existing contract for C&D debris, and the

pilot program.

Attorney Polackwich explained that the contract with Republic is broad. He said it calls for

Republic to perform the services that the County contemplated at the time, and that the provisions

provided state the contractor shall provide additional services in connection with the landfill, as

required by the Solid Waste Disposal District.

November 1, 2011 3

Director Olson reiterated Attorney Polackwich’s comments and explained that the current

contract to Republic already handles all the C&D material.

Discussion ensued regarding why this is being called a pilot program.

Director Olson said this may not be an economically viable program, but the County is

being placed into an obligation to attempt this process by the Florida Department of

Environmental Protection (DEP) because it is in the current permit to segregate the C&D debris for

recycling.

Mr. Rigby questioned the 90-day pilot program, as well as the process; and stressed that he

wants everyone to have an equal opportunity to work in Indian River County.

Attorney Polackwich informed Mr. Rigby that today’s situation is not the same as that

which was previously addressed, in April, with the Enterprise Zone. He emphasized that the Solid

Waste Disposal District is going through this pilot program to see if the system will work. He said

he hopes this will be taken to a competitive selection process in the future, even though the

contract gives the County the right to extend service.


Commissioner Flescher, the Board unanimously allowed

Republic Services to accomplish a 90-day Pilot Project for

Construction and Demolition (C&D) recycling with a

$2.50 / ton fee for the recycling. During the 90-day period,

there will be no minimum requirement of recycling set for

Republic. A credit of $13.99 / ton will be given back to the

County for each ton of recycled material taken off site, as


November 1, 2011 4


ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF

THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

There being no further business, the Chairman declared the meeting adjourned at 9:55 a.m.

ATTEST:

_________________________________ ________________________________



approval.)


SWDD/2011Minutes

November 15, 2011 1

JEFFREY K. BARTON

Clerk to the Board

November 15, 2011


MEETING MINUTES

The Board of Commissioners of the Solid Waste Disposal District met at the County

Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, November 15, 2011.

Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, Commissioners Wesley S.

Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also present were County Administrator Joseph

A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen.


15.B. APPROVAL OF MINUTES

15.B.1. MEETING OF SEPTEMBER 13, 2011

The Chairman asked if there were any corrections or additions to the minutes of the

September 13, 2011 meeting. There were none.

ON MOTION by Commissioner O’Bryan, SECONDED by

Commissioner Davis, the Board unanimously approved the

minutes of the Meeting of September 13, 2011, as written.

November 15, 2011 2

15.B.2. WORK ORDER NO. 1 TO GEOSYNTEC FOR PREPARATION OF

TITLE V AIR OPERATION PERMIT RENEWAL AND TIER 2

TESTING FOR THE COUNTY LANDFILL

ON MOTION by Commissioner Flescher, SECONDED by

Commissioner Davis, the Board unanimously approved

Work Order No. 1 with Geosyntec, Inc., in the amount of

$52,102, to provide engineering services for preparation

and submittal to the Florida Department of Environmental

Protection (FDEP), an application for renewal of the 5-year

Title V Air Operation Permit, including the Tier 2 testing

and reporting component; and authorized the Chairman to

execute same, as recommended in the memorandum of

November 4, 2011.


ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF

THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

November 15, 2011 3


11:07 a.m.

ATTEST:

_________________________________ ________________________________

Jeffrey K. Barton, Clerk Bob Solari, Chairman


approval.)


SWDD/2011Minutes