board of county commissioners indian river county, florida

January 15, 2008 of 7

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

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

COUNTY COMMISSIONERS

Sandra L. Bowden, Chairman District 5 Joseph A. Baird, County AdministratorWesley S. Davis, Vice Chairman District 1 William G. Collins II, County AttorneyJoseph E. Flescher District 2 Jeffrey K. Barton, Clerk to the BoardPeter D. O’Bryan District 4 Gary C. Wheeler District 3

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

2. INVOCATION

Pastor Roger Ball, Immanuel Church

3. PLEDGE OF ALLEGIANCE

Commissioner Peter D. O’Bryan

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation by David K. Roach, Executive Director, Florida Inland Navigation District 1-11

6. APPROVAL OF MINUTES

A. Regular Meeting of December 18, 2007

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, JANUARY 15, 2008 - 9:00 A.M.


7. CONSENT AGENDA PAGE

A. Reports on File in the Office of the Clerk to the Board:

1. Convictions for the month of December, 2007

2. City of Fellsmere Ordinance 07-26 – Annexing 4.37 ± acres

3. City of Fellsmere Ordinance 07-29 – Annexing 2,592 acres B. Approval of Warrants – December 28 to January 3, 2008

(memorandum dated January 3, 2008) 12-15 C. Addition of two members to the Economic Development Council

(memorandum dated January 4, 2008) 16-19

D. Dunes Course Pump Station Replacement (memorandum dated January 8, 2008) 20-26

E. Consideration of Approval of a Grant Contract with the Florida

Communities Trust for After-Purchase Cost Share Reimbursement for the South Prong Preserve (Shadowbrook Estates and Ryall Parcels) Environmental Land Acquisition (memorandum dated January 8, 2008) 27-50

F. Right-of-Way Acquisition 4505 US Highway 1 (Corner of US1 & 45th

Street), Donn Waltrip (memorandum dated January 7, 2008) 51-58

G. Work Order No. 2 (Engineering/Surveying), Kimley-Horn & Associates,

Inc., Full & Final Payment, 8th Street (East of US1) Proposed Sidewalk Topographic Survey, IRC Project No. 0744, Continuing Professional Surveying & Mapping/GIS Services, Contract 0725 (memorandum dated January 7, 2008) 59-60

H. Consideration of Consultant Contract for Community Development Block

Grant (CDBG) Neighborhood Revitalization Administration Services (memorandum dated January 3, 2008) 61-75

I. Upgrades and Generators for Bent Pine Lift Stations No. 68 and 69, Bid No.

2007039, Project No. 9611 & 0001, CR 510 & CR 512 Phase III Improvements, UCP No. 2806, Approval of Final Payment to Contractor, TLC Diversified, Inc. of Palmetto, Fl, and Release of Retainage (memorandum dated December 13, 2007) 76-87


7. CONSENT AGENDA PAGE

J. Approval of Modification #2 to Grant Agreement 06-DS-3W-10-40-01-277 (memorandum dated January 2, 2008) 88-89

K. Acceptance Change Order No. 35 for the Administration Building


L. Amendment No. 7 to the Professional Services Agreement with Carter Associates, Inc., 66th Avenue Paving Improvements (4th Street to SR 60), IRC Project No. 9810 (memorandum dated January 9, 2008) 94-99

M. Miscellaneous Budget Amendment 004


8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

9. PUBLIC ITEMS

A. PUBLIC HEARINGS

None

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing, January 22, 2008: Public Notice of Public Hearing to Adopt an Ordinance to Designate an Official County Seal (memorandum dated January 8, 2008) 126

Legislative

10. COUNTY ADMINISTRATOR MATTERS

None


11. DEPARTMENTAL MATTERS PAGE

A. Community Development

1. Consideration to Authorize Pulling Compliance Bonds for Noncompliance with Site Plan Approval Requirements Relating to the Tom Hammond Sand Mine and The Ranch Road Lake Sand Mine Quasi-Judicial (memorandum dated January 8, 2008) 127-151

2. Consideration of Establishing a Process for Revising County

Mining Regulations (memorandum dated January 8, 2008) 152-155

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

1. Heritage Reserve Developer’s Agreement for Developer Contributions to Roadway and Intersection Improvements (memorandum dated January 8, 2008) 156-177


11. DEPARTMENTAL MATTERS PAGE

I. Public Works

2. State Road 60 Between 82nd Avenue and 66th Avenue – Joint Participation Agreement with the Florida Department of Transportation to Advance Funds for Widening State Road 60 From 4-lanes to 6-lanes (memorandum dated January 7, 2008) 178-191

J. Utilities Services

1. San Sebastian Springs Subdivision, Indian River County Project No. UCP 3014, Approval of Work Order No. 6 to Retain Carter Assoc. for Surveying Services (memorandum dated January 2, 2008) 192-197

12. COUNTY ATTORNEY MATTERS

A. Resolution Delegating Authority to the County Administrator or Designee to Call Letters of Credit and Road Maintenance Security Issued Under Chapter 934, Excavation and Mining, of The Code of Indian River County (memorandum dated January 9, 2008) 198-201

13. COMMISSIONERS ITEMS

A. Commissioner Sandra L. Bowden, Chairman

None

B. Commissioner Wesley S. Davis, Vice Chairman

None

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Gary C. Wheeler

None


14. SPECIAL DISTRICTS AND BOARDS PAGE

A. Emergency Services District

1. Approval of Minutes – Regular Meeting of December 18, 2007

2. Approval of FY 2007/08 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non-Matching EMS Grant Funds and Grant Resolution (memorandum dated January 2, 2008) 202-208

B. Solid Waste Disposal District



3. Public Announcement for an Annual Electronics Recycling Event

on January 26, 2008 (memorandum dated January 8, 2008) 209-210

C. Environmental Control Board

None

15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.


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

Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning,

and Saturday at 12:00 Noon to 5:00 p.m.

INDIAN RIVER COUNTY PROJECT STATUS UPDATE

January 2008

Dredged Material Management Plan.

5A

Phase I of the Dredged Material Management Plan for the Intracoastal Waterway in Indian River County was completed in 1997. Phase II of the DMMP was completed in 2002 and all major land acquisition was completed in 2002. See attached maps.

The 50 year dredging projection for the 24 miles of channel in Indian River County is 318,324 cyds. and the storage projection is 607,500 cyds. Dredging ofReach I is currently planned for 2010 after the Sebastian River has been de-mucked and Dredged Material Management Area IR-2 has been constructed.

Dredged Material Management Area Development Three upland sites were purchased for Indian River County dredged material management. DMMA IR-2 will be constructed in 2008-09, DMMA IR-7 has been fenced and is scheduled for clearing in 2008, and IR-14 is currently being fenced and will be cleared in 2008.

Waterways Economic Study The Indian River County Waterways Economic Study was completed in 2000 and it found that there were 152 waterway related businesses in the county employing 1,185 people, with salaries of $29 million and a total economic impact of $80 million. Property values were determined to be increased by $614 to $724 million by the presence of the ICW channel. There are currently 10,974 registered vessels in the county. See attached brochure.

Waterways Assistance Program Since 1986, the District has provided $2.3 million in Waterways Assistance Program funding to 3 9 projects in the County having a total constructed value of $5.4 million. The County, the City ofVero Beach, the City of Sebastian, the South Indian River Fire District and the Sebastian Inlet Tax District have participated in the program. See attached listing and location map.

Notable projects funded include: the Environmental Learning Center, the Vero Beach Municipal Marina and Anchorage, Royal Palm Point Park, Wabasso Causeway Park and

FIND 1

INDIAN RIVER COUNTY PROJECT STATUS UPDATE

January 2008

Boat Ramps, Jungle Trail Shoreline Stabilization, and the ICW/Sebastian Inlet Connection Channel.

For FY 2007-2008, the District provided assistance funding to one project within the county, City of Sebastian's Main Street Boat Ramp. District funding of $488,000 was provided for this $1.5 million project.

Cooperative Assistance Program The District's Cooperative Assistance Program has providing funding assistance for the following projects with elements in Indian River County: Florida Marine Patrol Officer Funding; Sebastian Inlet State Park Boat Ramp Dredging, Sebastian Inlet State Park Environmental Enhancements, Manatee Viewing Piers and Canoe Docks at the Sebastian River Buffer Preserve, Sebastian River Muck Removal, and the Indian River Lagoon Boaters Guide. The District's funding assistance for the Indian River County portion of these projects was approximately $1.4 million.

Public Information Program The District currently prints and distributes the following brochures with specific information about Indian River County Waterways: the Economic Impact oflndian River County Waterways, Indian River County Boating Safety and Manatee Protection Zone Brochure, Spoil Island oflndian River County, Movable Bridge Guide, and the ICW Channel Conditions Brochure.

FIND 2

INTRACOASTAL WATERWAY DREDGING REACHES AND

DREDGED MATERIAL MANAGEMENT AREAS IN INDIAN RIVER COUNTY

DREDGING

REACH II

DREDGING

REACH Ill

3

DMMA IR-2

4 .

DMMA IR-7A

0 FINDOwned NChannel N ICW Right-of-Way

N

+ 5

DMMA IR-14

0 FINDOwned NChannel N ICW Right-of-Way

N

+ 6

-.,J

THE IMPACT OF THE WATERWAYS

There are 152 marine-related businesses in Indian River County primarily servicing the owners of the 9,222 boats registered in the county. Under existing conditions, the businesses and boaters dependent on the waterways in Indian River County generate the following impacts:

• $80 million in annual sales

• $29 million in personal income

• 1,185 jobs

• $614 to $724 million in property values

IF THE WATERWAYS WERE NOT MAINTAINED

If maintenance of the waterways in Indian River County were to cease, nearly one-third of the marine-related sales and purchases in the county would be lost. The annual economic impacts of not maintaining the waterways in Indian River County are summarized below:

• Decrease of $27 million in sales

• Decrease of $10 million in personal income

• Decrease of 396 jobs

• Decrease of $2?0 million in property values

IF THE WATERWAYS WERE ADEQUATELY MAINTAINED

If the waterways in Indian River County were adequately maintained to their design depths the potential increase in annual economic activity would be as follows:

• Increase of $30 million in sales

• Increase of $1 million in personal income

• Increase of 46 jobs

• Increase of $355,000 in property values

CONCLUSIONS

The waterways in Indian River County contribute significantly to the local and regional economy. The $80 million in sales and $29 million in wages generated annually by marine-related activity in Indian River County greatly exceed the cost of maintaining the waterways. Failure to adequately maintain the waterways could result in the loss of one-third of the existing impacts, while adequately maintained waterways could increase marine-related sales in the county by $30 million annually.

THE IMPACT OF THE WATERWAYS ON THE THREE-COUNTY TREASURE COAST AREA

In conjunction with the analysis of the waterways in Indian River County, the impacts of rhe waterways of Martin and St. Lucie counties were also examined. The current total impacts of these three counties, known as the Treasure Coast, are estimated at:

• $599 million in annual sales

• $218 million in personal income

• 7,781 jobs

• $1.3 to 1.5 billion in property values

I Fiuancial supporr for rhL~ wwb•sis was pmvid~d by:

i The Florida Inland Nm•igmiou D1:~rria,· The Jdarine Industries Associatio11 (~(The 1h;asure Coast;

and The Indian River Co111ny Board of Co111111isssiouers.

Far a full copy of this study or the executive summary report, contact the District at 561-627-3386 or

visit our website at www.aicw.org

The Florida Inland Navigation District was created in

1927 as the local sponsor for the Atlantic Intracoastal Waterway (AICW) project in Florida. The Navigation

District, in cooperation with the Jacksonville District of

the U.S. Army Corps of Engineers, is responsible for

maintenance of the AICW from Nassau County in the

north to· Dade County in the south, a distance of 374

miles. Boating activities on these heavily utilized water

ways contribute to the existence of a large number of

marine-related businesses such as marinas and boat

yards and have stimulated development of residential

propert!es on the AICW and connecting channels.

The waterways need to be periodically maintained

through dredging because they are subject to shoaling

from currents,, upland soil erosion, and the movement of

offshore sands through the ocean inlets. Maintenance

dredging of the AICW is projected to cost approximately

$7.8 million annually during the next 50 years. At least

50 perc:ent of this amount is expected to be provided by

property owners in the coastal counties under the

Navigation Disbict's jurisdiction. The general public and

Federal, State, and local officials need a clear under

standing of why expenditures of this magnitude are a

wise economic investment.

In 2000, the Navigation District, in cooperation with

Indian River County and the Marine Industries

Association of the Treasure Coast completed an analy

sis of the economic impact of the coastal waterways in

Indian River County. Sales and purchases by marine

related businesses and purchases by boaters of trip

supplies such as gas and food were identified. These

purchases were evaluated to determine how they mul

tiply throughout the county's economy in terms of sales,

wages, and jobs. The analysis also determined the

affect of waterway access on property values.

This analysis determined the current economic impact

of the waterways, assuming the channel is maintained

at a depth of 6.5 feet The analysis also examined the

impacts of abandoning maintenance dredging, at which

point the channel depth would be limited to 3 feet, and

the impact of increased dredging, at which point the channel would be 12 feet deep.

00

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INDIAN RIVER COUNTY WATERWAY ASSISTANCE PROGRAM PROJECTS

1986-2008

· Project Name · · · ·Project Number .Project Sponsor

Jungle Trail Shoreline Stabilization - Phase I IR-00-31 Indian River County Law Enforcement Patrol & Rescue Vessel IR-01-32 Indian River County Jungle Trail Shoreline Stabilization - Phase I I IR-03-36 Indian River County Patrol & Rescue Vessel Engine Replacement IR-03-37 Indian River County Sheriffs Office Jungle Trail Shoreline Stabilization -Phase I I -A IR-05-39 Indian River County Derelict Vessel Removal - Indian River Co. Waterways IR-07-40ER Indian River County Joe S. Earman Island Park IR-1 Indian River County Wabasso Causeway Park Improvements IR-88-3 Indian River County Wabasso Causeway Dredging IR-88-4 Indian River County Environmental Learning Center IR-90-7 Indian River County Round Island Park Improvements IR-91-9 Indian River County Environmental Learning Center IR-92-11 Indian River County Environmental Learning Center IR-93-12 Indian River County Dev Of Educ Opp& Res Pot. For Oslo Riverfront- Ph. I IR-93-14 Indian River County Environmental Learning Center IR-94-15 Indian River County Round Island Park- Phase I I IR-94-16 Indian River County Pelican Island Nat' I Wildlife Refuge Sign & Brochure IR-94-17 Indian River County Intracoastal Waterway Waterfront Improvements IR-95-18 Indian River County Oslo Riverfront Conservation Area - Phase I I IR-95-19 Indian River County Environmental Learning Center Computers & Lighting IR-96-20 Indian River County Wabasso Causeway Park Improvements IR-98-24 Indian River County Wabasso Causeway Park Improvements- Phase I I IR-99-26 Indian River County Navigation Channel Dredging IR-99-27 Indian River County Marine Enforcement Program IR-99-28 Indian River County Sheriffs Office Fire Rescue Equipment and Fire Rescue Boat IR-FD-88-5 South Indian River Fire District Fire Rescue Boat Dock IR-FD-88-6 South Indian River Co. Fire District Waterway Boating Safety Program IR-IRS-00-30 Indian River Shores Public Safety Sebastian Indian River Waterway Enh. - Phase A IR-SE-00-29 City Cit Sebastian Waterway Boating Safety Program IR-SE-02-34 City Of Sebastian Main Street Boat Ramp Trailer Parking Acquisition IR-SE-07-41 City Of Sebastian Main Street Dock & Boat Ramp Repairs IR-SE-98-23 City Of Sebastian Channel Extension To I.C.W.- Phase I (Expired) IR-SI-02-35 Sebastian Inlet Tax District Link Sebastian Inlet Navigation Channel to ICW IR-SI-92-1 0 Sebastian Inlet Tax District

1

Grant Amount . Total Cost .

$13,000.00 $26,000.00 $34,478.00 $68,956.00 $76,300.00 $152,600.00

$6,233.00 $12,467.00 $73,700.00 $147,400.00 $25,000.00 $50,000.00 $21,320.00 $42,640.00

$100,000.00 $250,000.00 $40,000.00 $80,000.00

$175,000.00 $175,000.00 $130,000.00 $300,000.00

$30,000.00 $60,000.00 $30,000.00 $60,000.00

$3,650.00 $7,300.00 $73,926.00 $273,510.00 $57,650.00 $112,100.00 $11,500.00 $17,000.00 $17,265.00 $17,265.00 $90,600.00 $192,100.00 $43,933.00 $43,933.00 $22,000.00 $45,020.00

$120,000.00 $527,067.00 $30,000.00 $50,000.00 $28,000.00 $37,334.00 $11,100.00 $25,000.00

$7,000.00 $15,550.00 $41,016.00 $54,690.00

$170,000.00 $425,000.00 $25,000.00 $50,000.00

$487,532.00 $1,527,357.00 $62,000.00 $125,000.00 $63,121.00 $179,384.00

$156,000.00 $236,000.00

........ 0

Vero Beach Marina Improvements Vero Beach Marina South Dock Improvements Moorings & Navigational Aids Municipal Marina Law Enforcement Patrol! Rescue Boat Royal Palm Pointe Project Royal Palm Pointe Project - Phase I I Vera Beach Marina Improvements- Phase I

INDIAN RIVER COUNTY WATERWAY ASSISTANCE PROGRAM PROJECTS

1986-2008

IR-VB-01-33 IR-VB-03-38 IR-VB-87-2 . IR-VB-91-8 IR-VB-93-13 IR-VB-97-21 IR-VB-98-22 IR-VB-99-25

City Of Vera Beach City Of Vero Beach City of Vera Beach City Of Vera Beach City Of Vero Beach City Of Vero Beach City Of Vera Beach City Of Vera Beach

2

.· $100,000.00 $49,000.00 $20,641.50 $30,000.00 $16,280.00 $50,000.00

$145,000.00 $53,000.00

$200;000.00 $98,000.00 $41,283.00

$249,650.00 $57,220.00

$100,000.00 $700,000.00 $150,000.00

$2,740,245.50 $6,981,826.00

Location Map

Florida Inland Navigation District Waterway Assistance

Program Projects in

Indian River County

• Wapinfo /\/Channel

N

+

7B CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: JANUARY 3, 2008

SUBJECT: APPROVAL OF WARRANTS- DECEMBER 28 TO JANUARY 3, 2008

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 28, 2007 to January 3, 2008.

Attachment:

DB:AH

12

CHECKNBR 209128 209129 209130 209131 209132 209133 209134 209135 209136 209137 209138 209139 209140 209141 209142 209143 209144 209145 209146 209147 209148 209149 209150 209151 209152 209153 209154 209155 209156 209157 209158 209159 209160 209161 209162 209163 209164 209165 209166 209167 209168 209169 209170 209171 209172 209173 209174 209175 209176 209177 209178 209179 209180 209181 209182 209183 209184 209185

CKDATE 12/27/2007 12/31/2007 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008

CHECKS WRITTEN

VENDOR JOSEPH GIANGREGORIO CITY OF VERO BEACH EVERGLADES FARM EQUIPMENT CO INC PORT CONSOLIDATED INC PRAXAIR DISTRIBUTION SOUTHEAST GOOD KNIGHT LAWN EQUIPMENT INC INDIAN RIVER AUTO PARTS LLC INDIAN RIVER AUTO PARTS LLC TEN-8 FIRE EQUIPMENT INC FISHER SCIENTIFIC COMPANY KIMLEY HORN & ASSOCIATES MATRX MEDICAL INC NORTH SOUTH SUPPLY VELDE FORD INC SAFETY PRODUCTS INC STEW ART MINING INDUSTRIES LIGHT SOURCE BUSINESS SYSTEMS ABC PRINTING COMPANY SEWELL HARDWARE

'DELTA SUPPLY CO GRAINGER INDUSTRIAL SUPPLY KELLY TRACTOR CO FLORIDA COCA-COLA BOTTLING CO FRED RENAUD INC VERO LA WNMOWER CENTER ALBERTSONS SOUTHCO #4357 MIKES GARAGE & WRECKER SERVJCE SERVICE CHEVROLET INC DAILY COURIER SERVICE INC APPLE INDUSTRIAL SUPPLY CO HACHCO ICI PAINTS MEDTRONIC PHYSIO CONTROL CORP PERKINS MEDICAL SUPPLY NATIONAL FIRE PROTECTION ASSOC HD SUPPLY WATERWORKS, LTD EGPINC ALL-RITE WATER CONDITIONING VERO BEARING & BOLT MAX DAVIS & ASSOCIATES CHILD CARE RESOURCES CHILDCARE RESOURCES HILL MANUFACTURING CO INC CARQUEST AUTO PARTS HIGHLANDS ANIMAL HOSPITAL ARAMARK UNIFORM SERVICES LOWES CO INC ODYSSEY MANUFACTURING CO BAKER DISTRIBUTING CO PALM TRUCK CENTERS INC SVI SYSTEMS INC HARBOR BRANCH ENVIRONMENTAL LAB INC PING INC JEFFREY K BARTON CITY OF VERO BEACH CITY OF VERO BEACH APPLE MACHINE & SUPPLY CO REXEL

AMOUNT 353.98

2,994.21 7.10

1,406.95 26.73

340.28 303.49 315.36

6,468.74 953.64

6,402.05 22.80

154.78 829.72 902.80 142.00 468.00

1,275.50 20.56

7.90 171.50

3,060.00 265.92

1,217.26 38.52

199.79 220.00

20.03 557.00 736.35

1,638.59 275.08

2,227.50 90.00

1,431.00 12,229.42

275.00 223.25 169.96 98.00

21,111.11 620.00 372.18 447.44 211.00

2,426.37 500.26

36,250.50 245.52 137.79 198.00 600.00 125.29

5,201.25 2,731.78

85.82 159.20 152.08

13

CHECKNBR 209186 209187 209188 209189 209190 209191 209192 209193 209194 209195 209196 209197 209198 209199 209200 209201 209202 209203 209204 209205 209206 209207 209208 209209 209210 209211 209212 209213 209214 209215 209216 209217 209218 209219 209220 209221 209222 209223 209224 209225 209226 209227 209228 209229 209230 209231 209232 209233 209234 209235 209236 209237 209238 209239 209240 209241 209242 209243 209244 209245

CKDATE 01/0312008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01103/2008 01/03/2008 01103/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01103/2008 01/03/2008

VENDOR INDIAN RIVER ALL F AB AT&T AT&T AT&T AT&T AT&T AT&T INDIAN RIVER COMMUNITY COLLEGE JANITORIAL DEPOT OF AMERICA PUBLIX PHARMACY WALMART WALMART INDIAN RIVER COUNTY UTILITIES TOTAL TRUCK PARTS OFFICE DEPOT BSD CUSTOMER SVC KILPATRICK TURF EQUIPMENT INC MANPOWER FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT TITLEIST NEW HORIZONS OF THE TREASURE COAST WASTE MANAGEMENT

. COMPLETE ELECTRIC INC AGENCY FOR HEALTH CARE ADMIN TREASURE COAST SPORTS COMMISSION COX GIFFORD SEA WINDS CHANNING BETE CO FIRST AMENDMENT FOUNDATION WEST SIDE REPROGRAPIDCS INC COM CAST SHRIEVE CHEMICAL CO AMERITREND HOMES STEWART, DAVID PUKKA INC MRMULCH WEST PAYMENT CENTER GHO VERO BEACH INC MATTRESS MARKET SYNAGRO OF FLORIDA-A&J INC ADAMS HOMES OF NORTHWEST FLA SOUTHERN JANITOR SUPPLY INC RMR LLC CAR WASH CAL BUILDERS INC FLORIDA LEVEL & TRANSIT CO INC CAPITAL OFFICE PRODUCTS SRIXON STORAGE SOLUTIONS PAS SAGE ISLAND HOMES INC GL HOMES BUILDING CORP 1ST FIRE & SECURITY INC MILLERS HEALTH MART PHARMACY DI VOSTA HOMES L P PARK PLACE COMMUNITY LLC LYFORD, BILL IRONWOOD PROPERTIES INC CENTEX HOMES WEICHERT REALTORS: HALLMARK TIPTON ENVIRONMENTAL INTERNATIONAL INC POLICASTRO & LEROUX PA POSADA, JORGE E

AMOUNT 191.40

8,567.41 304.11

14.21 2,477.15

7.97 193.60 350.00

1,995.72 15.00

737.52 65.36

587.95 928.75

2,345.87 386.32

3,545.52 43.99

71,451.09 3,540.00

70,000.00 186,893.73

202.38 33,023.19 11,381.27

300.00 416.88

72.80 9.36

78.13 13,250.19

70.70 41.83

386.40 691.60

1,195.36 3.99

5,100.00 67,198.91

34.89 683.61

46.00 88.97

460.19 86.58

1,210.42 27.06 25.70 74.67

630.00 50.83 92.56 73.83 34.43 49.24 58.73 34.38

1,293.47 1,909.80

3.12

2 14

CHECKNBR 209246 209247 209248 209249 209250 209251 209252 209253 209254 209255 209256 209257 209258 209259 209260 209261 209262 209263 209264 209265 209266 209267 209268 209269 209270 209271 209272 209273 209274 209275 209276 209277 209278 209279

Grand Total:

·cKDATE 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 bi/03/2008 01/03/2008 01103/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01/03/2008 01103/2008

. 01103/2008 01103/2008 01103/2008 01/03/2008 01103/2008

VENDOR TRANSCAT ROLAND WILLIAMS NIEVES SANCHEZ BRENT CONOVER CRAIG & CARROLL KOVALESKI KATHRYN B EDMUNDSON DUDEK, DAVID N SHY, ERIN RITTENHOUSE, DAVID FARROW, JORDAN FISCHER, KATIE A DARRAH, JOY WILLIAMSON, KRYSTAL BAINTER, DOROTHY PARKER, SONYAK MARKS, SUSAN DAUGHERTY, MICHAEL MANN, AMBER & JEFFREY SIMMONS, MIRANDA WRIGHT, MARIE BROWN, GLORIA KLINMALA, PRA YOON MEADE, EDWIN ROGERS JR, EDWARD H PEACOCK, MARGARET ANDERSON, LORENE A CHARLES, EMANUEL TUCKER, SHARON & WILLIAM JAHN, KENNETH HUDSON, GORDON The CITIBANK NA GREER, JANICE S ECHEVARRIA JR, DAIL · RICHARD M JONES AND MARY E JONES

AMOUNT 703.36 300.00

35.00 360.00

. 431.39 3,677.75

77.40 25.52

8.87 71.87 19.21 42.33 53.31 27.39 19.73 58.82 80.59 32.48 23.37 63.82

5.82 225.36

68.31 74.91 16.93 59.66 36.58 20.85 63.27

171.90 111.22 41.31 14.39

100.00 622,273.21

3 15

Office o/ Consent 01 I 15 I 08

INDIAN RIVER COUNTY ATTORNEY

William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A Glenn, Assistant County Attorney

TO:

THROUGH:

FROM:

DATE:

MEMORANDUM

Board of County Commissioners

~William G. Collins II, County Attorney

William K. DeBraal, Deputy County Attorney

January 4, 2008

SUBJECT: · Addition of two members to the Economic Development Council

At the Board meeting of December 11, 2007, the County Attorney's Office was directed to prepare a resolution adding two members to the Economic Development Council to provide representation for the Town of Indian River Shores and the Town of Orchid. Attached please find a resolution for your consideration and approval.

Please contact our office with any questions.

tniiifl Rlv« Ca. M~rovod Dale

Admin. -,{ 1:11-- J/14/0l Legal e.<!j >£: 717/11:$ APPROVED FOR' f- i 5 -D'[

COUNTY A HORNEY

Budge\ ----Depl. cp A•l'-" ,J .,j ,t;c Risk Mgr. - -'

B.C.C ~Gb~~ AGENDA '

16

RESOLUTION NO. 2008· __

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING REPRESENTATION FOR THE TOWN OF INDIAN RIVER SHORES AND THE TOWN OF ORCHID ON THE ECONOMIC DEVELOPMENT COUNCIL.

WHEREAS, by Resolution 93-175, the Board of County Commissioners of Indian River County, Florida, created an Economic Development Council; and

WHEREAS, the Board restructured the Economic Development Council by approving Resolution 2003-127, creating the existing Council of 19 members; and

WHEREAS, it is the will of the Board of County Commissioners to add two additional members to the Economic Development Council to provide representation for the Town of Indian River Shores and the Town of Orchid;

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

1. ESTABLISHMENT.

Two additional members are added to the Economic Development Council to provide representation for the Town of Indian River Shores and the Town of Orchid.

2. MEMBERSHIP.

The Economic Development Council shall now have twenty one voting members. Members must be residents of Indian River County with membership as follows:

a. A representative from the City ofVero Beach City Council,

b. A representative from the City of Sebastian City Council,

c. A representative from the City of Fellsmere City Council,

d. A representative from the Town of Indian River Shores Town Council

e. A representative from the Town of Orchid Town Council

f. A representative from the School Board Indian River County,

g. A representative appointed by the Board of County Commissioners.

F:\Attomey\Bill\Committees\economic development revision 2008.doc

17

RESOLUTION NO. 2008-_

h. A representative from the Indian River County Chamber of Commerce,

i. A representative from the Sebastian River Area Chamber of Commerce,

j. A representative from local industry,

k. A representative from the local tourist industry,

I. A representative from the local citrus industry,

m. A representative from a local developer,

n. A representative from the real estate industry,

o. A representative from the Gifford community,

p. A representative from the various local civic organizations,

q. A representative from the local banking industry,

r. A representative from the Manufacturing Task Force,

s. Three members from the county at-large appointed by the Board of County Commissioners.

3. NO OTHER CHANGES.

Aside from the addition of the two new members, the Powers, Duties and other provisions set forth in Resolution 2003-127 for the Economic Development Council remain unchanged.

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18

RESOLUTION NO. 2008· __

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 Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler

The Chairman thereupon declared the resolution duly passed and adopted this _day of January, 2008.

Attest: J. K. Barton, Clerk

By __ =-~~~---Deputy Clerk

Approved for form and legal suffc· ncy:

3

INDIAN RIVER COUNTY Board of County Commissioners

By~-~~~~~~~-Sandra L. Bowden, Chairman

19

DATE:

TO:

INDIAN RIVER COUNTY, FLORIDA INTER-OFFICE MEMORANDUM

. SANDRIDGE GOLF CLUB

January 8, 2008

Board of County Commission rs

SUBJECT: DUNES CO TION REPLACEMENT \

FROM: Bob Komari olf ~~~~~----------------------

BACKGROUND Since opening the Dunes Golf Course at Sandridge Golf Club in 1987, we have operated with the same irrigation pump station for over twenty years. Since the pump station is beyond its' life expectancy and the costs to repair the station keep mounting, Sandridge Golf Club has prepared a Request For Proposals to replace the current Pump Station. By replacing the pump station, it will not only reduce expensive repair costs but will add to the quality of the Dunes Course.

ANALYSIS Staff received two proposals and has formed a committee made up of Bob Komarinetz, Director of Golf; Bela Nagy, Manager of Golf Operations and Winn Yount, International Golf Maintenance Superintendent. The committee evaluated both RFP's and has selected Hoover Pumping Systems based on their price and ability to perform the work. The budget approved by the Office of Budget and Management is $100,000.00, and the Hoover Pump System price quote is $98,769.90.

RECOMMENDATION Staff recommends the Board of County Commissioners approve the agreement and authorize Chairman to sign and execute Contract.

ATTACHMENTS Contract

DISTRIBUTION Joseph A. Baird, County Administrator Jason Brown, Budget Director Jerry Davis, Purchasing Manager

APPROVED FOR AGENDA FOR:~ /S. o?dcJs' BY: ,{7 '

Joseph A. Baird, County Administrator

Admin.

Legal

Budget

Eng.

Do~t

Alsk Mgr.

20

CONTRACT FOR INSTALLATION OF IRRIGATION PUMP SYSTEM BETWEEN

INDIAN RIVER COUNTY

AND

HOOVER PUMPING SYSTEMS CORPORATION

THIS AGREEMENT (the "Agreement") is entered into on this __ day of January by and between Hoover Pumping Systems Corporation (''Hoover"), 2801 North Powerline Road, Pompano Beach, FL 33069 and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, V ero Beach, FL 32960, (the "County") do agree as follows:

BACKGROUND FACTS

WHEREAS, Hoover is a Florida Corporation experienced in the installation of pumping and irrigation equipment and has represented to County that it has the competency and experience to perform the services set forth in this agreement; and

WHEREAS, County is the owner of the golf course named Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, (the "Course") and desires to engage Hoover to install a centrifugal pump system to provide irrigation to the Dunes Golf Course; and

WHEREAS, Hoover was chosen after a Response to Request for Proposals #2008021 was considered by County and the parties now wish to set forth their mutual obligations.

NOW, THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Hoover agree as follows:

1. Recitals. The above recitals are a:ffrrmed as being true and correct and are thereby incorporated herein.

2. Request for ProposaL Hoover's response dated October 28, 2007 to the County's Request for Proposal #2008021 is incorporated into this agreement by reference, including specifications, pricing and details.

3. Notices. Any of all notices (except invoices) given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses:

If to the County: Sandridge Golf Club Bob Komarinetz, Director 5300 73rd Street Vero Beach, Florida 32966

I

If to Hoover: Brent Hoover, President Hoover Pumping Systems, Inc. 2801 North Powerlitle Road

Pompano Beach, FL 33069

21

3. Scope of Work. In addition to the specific components, specifications and plans which are more fully detailed in Hoover's Response dated October 28, 2007, to the Request for Proposal #2008021, Hoover agrees to perform the following at the Sandridge Golf Club located at 5300 73rd Street, Vero Beach, Florida. .

a. Replace the pump station located behind the first hole on the Dunes Course with a single stage end suction centrifugal type pump which will provide at least 120 PSI and 1,750 gallons per minute for golf course irrigation purposes. Hoover shall certify to the County that all equipment installed under this contract is capable of providing for this volume of water.

b. Hoover shall use all new materials, parts and equipment.

c. Hoover shall utilize the lake in close proximity to existing well location in order to utilize existing electrical service and main irrigation line. Hoover shall be responsible for connecting the new pump and equipment from the existing pump and equipment.

d. Hoover will use the existing concrete slab and pump house to locate the new pumping system.

e. Hoover agrees to remove and lawfully dispose of the existing pump together with all non-usable equipment. County shall be responsible for concrete repairs and to fill in old wet well. Hoover will supply temporary cover over wet well.

f Hoover agrees to guarantee all parts, labor, materials and equipment for a period of one year after acceptance by the County. If warranty work is required, Hoover shall provide a trained technician on site within 24 hours of notification from the County.

g. Hoover shall obtain and pay for all licenses, permits and inspections fees required for this project. Hoover shall comply with all laws, building codes and ordinances applicable to this project.

h. All current safety precautions shall be observed by Hoover during this project. Any property placed on the work site shall be at the risk of Hoover and/or their subcontractors and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever.

1. The new pump must be installed and operational in no more than five business days from the date Hoover begins work on site.

4. Insurance and Indemnity. Hoover, together with its subcontractors, will maintain the following minimum limits of insurance during the term of this agreement and shall provide evidence of said coverage being in effect by providing the County with a Certificate oflnsurance listing Indian River County as an additional insured. Hoover and its subcontractors shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County's Risk Manager:

2 22

a. Workers' Compensation Insurance: Hoover shall procure and maintain workers' compensation insurance to the extent required by law for all its employees to be engaged in work under this contract.

b. Public Liability Insurance: Hoover shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed.

1. Commercial General Liability $500,000 combined· single limit (other than automobile) for bodily injury and property damage for:

Premises/Operations Independent Contractors Products/Completed Operations Personal Injury Contractual Liability

ii. Business Auto Liability - $500,000 combined single limit for bodily injury and property damage for

Owned/Leased Automobiles Non-Owned Automobiles Hired Automobiles

c. Proof of Insurance: Hoover and its subcontractors shall furnish the County a Certificate oflnsurance in a form acceptable to the County Risk Manager for the insurance required. Such certificate or an endorsement provided by Hoover must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement nanling County as Additional Insured must accompany the Certificate oflnsurance.

d. Hoover's insurance coverage shall be prinlary. All above insurance policies shall be placed with insurers with a Best's rating of no less than A+ (VII). The insurer chosen shall also be licensed to do business in Florida.

e. There shall be no more than $5,000 deductible per clainl amount unless approved by the County Risk Manager. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for the County with the ultimate responsibility for same going to Hoover.

f Hoover agrees to and does hereby indemnify and save the County harmless against any and all clainls, demands, damages, costs and expenses, including reasonable attorneys fees fur the defense thereo~ arising from any breach or default on the part of Hoover in the performinlce of any covenant or agreement on the part of Hoover, its agents, contractors, or employees arising from activities hereunder. In the event any action or proceeding is brought against the County by reason of any such claims, Hoover

3

23

covenants to defend such action or proceeding by counsel reasonably satisfactory to the County

g. To the extent allowed by the Laws of Florida, Hoover hereby agrees to indemnify, defend, save and hold harmless the County from all claims, demands liabilities, and suits of any nature arising out of; because of or due to any intentional and/or negligent act or occurrence, omission, or commission of Hoover, its agents, or employees, arising out of this agreement or the work which is the subject hereof. It is specifically understood and agreed that this indenmification clause does not cover or indenmify the County for its own negligence.

5. Termination. The County may terminate this Agreement, with or without cause, upon five ( 5) days prior written notice to Hoover. In the event of such termination, Hoover shall be paid for services rendered to the county's satisfaction through the date of termination. Either party may, at its option, terminate this Agreement as provided herein in the event of material breach by the other party of this Agreement. A breach shall be "material" within the meaning of this Agreement if the breach is:

(i) a breach of a monetary obligation, including non-payment of sums due from County to HOOVER, (ii) a breach of any of the obligations described in Sections 3 or 4 of this Agreement; (iii) a breach which would have a material adverse affect on the other party.

A termination under this provision shall be effective only upon a written notice, specifically identifying the breach on which termination is based.

6. Miscellaneous

a Litigation: In the event any legal proceedings are required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both trial and appellate levels, together with all costs of said proceedings.

b. Amendment: No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto.

c. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns.

d. Entire Agreement: This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto.

e. Governing Law: This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida.

4 24

f. Assignment. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by Hoover or the County under any circumstances without the prior written consent of the other party.

g. Entire Agreement. This document and Response to Request for Proposals #2008021 incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by the County and Hoover.

h. Fee for Additional Services. In the event the County approves additional Services in accordance with this Agreement, Hoover shall be entitled to charge and collect the additional sum agreed by the parties at the time such additional Service was approved by County together with sales, service, use or other taxes that may be attributable to such sum.

1. Contingency Agreement. Hoover warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Hoover, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or Firm, other than a bona fide employee working. solely for Hoover, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this section, the County shall have the right, but not the duty, to terminate this Agreement without liability, and, at its discretion, to deduct from the Agreement such price, or otherwise recover the full amount of such fee, commission, percentage, gift or other consideration.

J. Independent Contractor. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Hoover to the County is that of independent contractor, and not that of employee.

5 25

IN WITNESS WHEREOF the County and Hoover have caused these presents to be

executed in their names, the day and year first above written.

Witnesses:

Indian River County Approved Date

Administration [CQ§) 1'.0 Budget I Co. Atty.

Risk Management

Public Works

6

HOOVER PUMPING SYSTEMS CORPORATION

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: ---------------------Sandra L. Bowden, Chairman

Jeffrey K. Barton, Clerk of Court

Attest: ____________________ _

By: Deputy Clerk

William K. DeBraal Deputy County Attorney

ufficiency:

26

TO:

FROM:

DATE:

RE:

Joseph A. Baird County Administrator

INDIAN RIVER COUNTY MEMORANDUM

• o ert M. eating, AI P Community Development

Roland M. DeBlois, AIC~ Chief, Environmental Planning

January 8, 2008

CONSENT ITEM (ADMINISTRATIVE)

Consideration of Approval of a Grant Contract with the Florida Communities Trust for After-Purchase Cost-Share Reimbursement for the Soutb Prong Preserve (Shadowbrook Estates and Ryall Parcels) Environmental Land Acquisition

It is requested tbat tbe Board of County Commissioners formally consider the following information at tbe Board's regular meeting of January 15, 2008.

DESCRIPTION AND CONDITIONS

In November 2006 and January 2007, tbe County acquired the ±7 Y, acre Ryall parcel and the ±30 acre Shadowbrook Estates parcel using environmental land bond funds. The combined parcels are referred to as tbe "Soutb Prong Preserve" LAAC site, straddling CR 510 west of75'h Court, witbin the St. Sebastian River Greenway (see attached map).

In 2007, county staff submitted an application to tbe Florida Communities Trust (FCT) for a 40% afterpurchase funding grant for the Soutb Prong Preserve acquisition. On November 2, 2007, the FCT Governing Board held a hearing to rank projects submitted statewide and to award funding to a select number of the projects. At that hearing, tbe South Prong Preserve was ranked 14th out of 118 projects and was approved for funding.

The next step is for tbe FCT Governing Board and tbe Board of County Commissioners to execute a grant contract for tbe funding. Attached is a copy of the contract for tbe Board's approval consideration.

ANALYSIS

• Grant Amount

The County acquired the South Prong Preserve parcels at a (combined) negotiated purchase price of $3,350,000. The FCT grant award is $1,390,000, which is 40% oftbe estimated total acquisition cost (i.e., purchase price plus acquisitions costs, including appraisals, surveys, environmental site assessments and acquisition consultant fees).

1

27

• Grant Contract

The grant contract consists of standard language and conditions pursuant to Rules 9K-7 and 9K-8, Florida Administrative Code, which set forth FCT program selection and acquisition procedures.

The contract consists of 15 main sections, as follows:

I. II. III. IV. v. VI. VII. VIII. IX.

X. XI. XII. XIII. XIV. XV.

Period of Agreement Modification of Agreement Deadlines Funding Provisions Notice and Contact Project Plan Approval; Pre-Closing Requirements Management Plan; Annual Stewardship Report Special Management Conditions Declaration of Restrictive Covenants Requirements Imposed by Chapter 259 and Chapter 380, Part III, Florida Statutes General Obligations of the Recipient as a Condition of Project Funding Obligations of the Recipient Relating to the Use of Bond Proceeds Recordkeeping; Audit Requirements Default; Remedies; Termination Legal Authorization Standard Conditions

The Period of Agreement section indicates that the grant will expire on July 1, 2008, unless a written request for a grant extension is approved by the FCT.

The Modification of Agreement section allows for changes to the grant contract if mutually agreed upon by the County and the FCT.

The Deadlines section provides timeframes that the County must adhere to with respect to required document submittals for the grant.

The Funding Provisions section indicates the amount of the FCT grant award ( 40% of final project cost or $1,390,000, whichever is less) and circumstances when the award amount may be adjusted (e.g., refinement of project acreage based on survey).

The Notice and Contact section identifies the key contact for the County in administering the grant, and who is authorized to execute grant documents. As proposed, the key contact for the County will be Environmental Planning Chief Roland DeBlois, and the County Administrator will be authorized to execute grant documents.

The Project Plan Approval; Pre-Closing Requirements section describes components of a Project Plan that the County will need to submit to the FCT for cost-share funding reimbursement. The Project Plan must include copies of closing statements, certified surveys, title insurance, enviromnental site assessments (ESAs), and a project management plan.

The Management Plan; Annual Stewardship Report section outlines required elements of the management plan for the project.

2

28

The Special Management Conditions section of the contract identifies specific improvements and management activities that the County committed to in its application to receive grant funding, including recreational improvements (e.g., trails and educational signs, access improvements) and resource management (e.g., nuisance invasive plant control, native plantings). These management conditions are consistent with typical management improvements and activities undertaken on County conservation lands as outlined in the County's Environmental Lands Program Guide. With respect to the South Prong Preserve site, the Indian River Land Trust (IRL T) has agreed to substantially assist the county in managing the property and, as proposed, will be a "managing presence," staffing the site and conducting regular tours and educational activities.

The Declaration of Restrictive Covenants Requirements Imposed by Chapter 259 and Chapter 380, Part III, Florida Statutes section provides that the County is required to record a "Declaration of Restrictive Covenants" at the time of cost-share reimbursement from the FCT. The Declaration spells out conditions of the grant award, and gives the State a reversionary interest to ensure that the property will be used and managed, as agreed to, for conservation and compatible passive recreational use.

The Obligations of the Recipient as a Condition of Project Funding section ensures that any use of property will be consistent with the adopted management plan or, if changes are proposed, that FCT approval is first obtained.

The Obligation of the Recipient Relating to the Use of Bond Proceeds section ensures that the project complies with requirements for the use of Florida Forever bond proceeds and includes a list of "disallowable activities," such as sale or lease of the property to a non-governmental entity, or operation of any concession on the property by a non-governmental entity.

The Recordkeeping; Audit Requirements section specifies audit requirements under Section 215.97, F.S., known as the Florida Single Audit Act.

The Default; Remedies; Termination section identifies circumstances when the FCT may default on its grant award, including: unavailability of State funds due to actions of the Florida Legislature; or County failure to adhere to required timeframes.

The Legal Authorization section certifies that the County has the legal authority to receive funds and that the governing body (i.e., the County Commission) accepts all conditions of the grant contract.

The Standard Conditions section includes a number of conditions standard on all FCT contracts, including: that Leon County would be the venue for any legal actions (lawsuits) that may arise; that the County will comply with the Americans with Disabilities Act in managing the properties; and that no funds received by the County from the FCT can be used to influence the Florida Legislature or any state agency.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached FCT grant contract for the "South Prong Preserve" parcels and authorize the Board Chairman to sign the document.

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29

ATTACHMENTS

I. Map of the South Prong Preserve. 2. Grant Contract.

APPROVED:

FOR:

BY:

I.R.County Admin. Legal Budget Dept. Risk Mgr.

F:\Commu Development\Users\ROLAND\LAAC\South Prong\FCT grant contract bee staff rept for 0 1-15-08.doc

4

30

Legend ~~ Public I Protected Land

IJI Undeveloped Greenway Parcels

o;..,;o0.2ioi5oiioE::.s::::o:i. 7il5 ..i; • Miles

PRONG SLOUGH EXHIBIT 1- 5-M ILE RADIUS MAP

o-=13::::117 ... sc::2:111117s--s-=so==s:::~2•s -•1•.1b~et SOUTH PRONG PRESERVE Exhibit K- Conceptual Site Plan

FCT Contract Number -CT -==-::=:c----

FLORlDA COMMUNITIES TRUST 07-039-FF7 SOUTH PRONG PRESERVE CSFA# 52002

GRANT CONTRACT

THIS AGREEMENT is entered into by and between tbe FLORIDA COMMUNITIES TRUST ("FCT'), a non-regulatory agency within the State ofFlorida Department of Community Affairs, and INDIAN RIVER COUNTY, a political subdivision oftbe State of Florida ("Recipient").

THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:

WHEREAS, tbe intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and tbe lands acquired with such proceeds ("Project Site"), tbat are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes;

WHEREAS, Chapter 3 80, Part III, Fla. Stat., tbe Florida Communities Trust Act, creates a non-regulatory agency within tbe Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act;

WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by tbe Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans;

WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income ofbondholders for federal income tax purposes;

WHEREAS, Rule 9K -7, Florida Administrative Code ("F .A. C.") sets forth tbe procedures for the evaluation and selection oflands proposed for acquisition and Rule 9K-8, F.A.C. sets forth the acquisition procedures;

WHEREAS, on November 2, 2007 the FCT Governing Board scored, ranked and selected projects to receive approval for funding;

07-039-FF7 Dec. 13, 2007 Pre-acquisition

-1-

WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application;

WHEREAS, Rule 9K-7.009, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding;

WHEREAS, Rule 9K-7 .003(8) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property owned was acquired by the Recipient within 24 months prior to the application deadline for which the application was made. The date of this application deadline was May 10, 2007;

WHEREAS, the Recipient acquired fee simple title to the entire Project Site on NOV. 14, 2006 and JAN. 31,2007 (Insert date{sf) from THE MARGARET A. RYALL TRUST

& SHADOWBROOK ESTATES, INC. (RESPECTIVELY) (Insert Seller narne{s});

WHEREAS, the Recipient will request disbursement ofFCT Florida Forever Bond proceeds for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and

WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs.

NOW THEREFORE, FCT and the Recipient mutually agree as follows:

I. PERIOD OF AGREEMENT

1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end July 1, 2008 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement.

2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.l. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate.

07-039-FF7 Dec, 13, 2007 Pre-acquisition

-2-

34

II. MODIFICATION OF AGREEMENT

1. Either party may request modification of the provisions of this Agreement at any time: Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.

III. DEADLINES

1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCToffice at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before February 15,2008. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient.

2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation oftime or resources to other recipients that respond timely or the termination of this Agreement by FCT.

3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner.

4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs.

5. The Recipient shall provide the appraisal(s) required by 9K-8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K-8.007(5) and (6), F.A.C., shall be determined.

IV. FUNDING PROVISIONS

1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Forty Percent (40%) of the final Project Costs, as defined in Rule 9K-7.002(32), F.A.C., or One Million Three Hundred Ninety Thousand Dollars And Zero Cents ($1,390,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement.

The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(6), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(32), F .A. C. FCT shall participate in the land cost at


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either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph.

2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010, F.A.C.

3. The FCT Award shall be delivered either in the form ofProject Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of FCT Award on the grant reconciliation statement.

4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K -7 .002(24 ), F .A. C. If the value ofPre-acquired land, as defined by Rule 9K -7 .002(31 ), F.A.C., or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement.

5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required.

6. FCT' s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution.

V. NOTICE AND CONTACT

1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to:


Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100

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2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project:

Name: ROLAND M. DEBLOIS, AICP

Title: CHIEF OF ENV!"RONMENTAL PLANNING

Address: INDIAN RIVER CO. ADMIN. BLD.A

1801 27TH STREET, VERO BEACH, FL 32960

Phone: (772) 226-1258 Fax: (772) 978·1806

E-mail: [email protected]

3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants.

Name: __ J_o_s_E_P_H_A_. _BA_I_R_D ________ _

Title: __ c_o_u_N_TY_A_D_M_I_N_Is_T_RA_T_O_R _____ _

Address: INDIAN RIVER CO. ADMIN. BLD. A

1801 27TH STREET. VERO BEACH, FL 32960

Phone: (772) 226·1408 Fax: (772) 978-1822

Email: [email protected]

4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above.

5. The Recipient hereby notifies· FCT that the Recipient's Federal Employer Identification Number(s) is _5'-'9'---6'-'0"'0-=-06'-'7-'4 ____ _

VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUJREMENTS

1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall


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not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected:


a. Closing documents associated with the parcel(s):

(I) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between the Recipient and THE MARGARET A. RYALL TRUST and SHADOWBROOK ESTATES, INC.

(Insert name[ s] of Seller[ s]).

(2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s).

(3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient.

( 4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s) by the Recipient.

(5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s).

(6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4), F.A.C.

b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, FA.C., and as described in Article VII below.

c. A statement of the Project Costs.

d. A statement of the amount of the award being requested from FCT.

e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied.

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f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body.

g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan.

h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VII.4. below.

2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.51 0(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient.

3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(46). The use of or threat of condemnation is not considered a Voluntarily-Negotiated Transaction.

4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof.

5. Rule 9K-7.002(32) states that "reasonable real estate fees or commissions paid by the Recipient for Acquisition" are eligible Project Costs. In an effort to maximize the Florida Forever funds for land acquisition, FCT will conservatively review each request for real estate fees or commissions with close scrutiny to determine if the fee or commission is reasonable. FCT will not reimburse the portion of real estate fees or commissions that are determined by FCT to be unreasonable. Recipient will be financially responsible for the portion of the real estate fee or commission not reimbursed by FCT.

6. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval.

7. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan.

VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT

I. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein.


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2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following:

a. An introduction containing the project name, location and other background information relevant to management.

b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives.

c. The identification ofknown natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics.

d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources.

e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used.

f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas.

g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable.

h. A description of proposed educational displays and programs to be offered, if applicable.

1. A· description of how the management will be coordinated with other agencies and public lands, if applicable.

j. A schedule for implementing the development and management activities of the Management Plan.

k. Cost estimates and funding sources to implement the Management Plan.

3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management.

07·039-FF7 Dec. 13, 2007 Pre-acquisition

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In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan.

4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant lo Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-7.002(35), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration ofRestrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest.

5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT.

6. All buildings, structures, improvements and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT.

7. As required by Rule 9K-7 .0 13, F .A. C., each year after FCT reimbursement ofProject Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan.

VIII. SPECIAL MANAGEMENT CONDITIONS

In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009, F.A.C.:

1. The following recreational facilities including a picnic pavilion and observation platform shall be provided. The facilities shall be developed in a manner that allows the general public


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reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources.

2. A permanent recognition sign, at a minimum size of3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient.

3. Interpretive signs and a kiosk shall be provided on the project site to educate visitors about the natural environment or history of the area.

4. At least 12 regularly scheduled educational classes or programs shall be provided at the project site per year. These programs shall promote the protection of environmental and historic resources.

5. A museum shall be developed on the project site to provide year round education classes or programs.

6. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities.

7. The project site shall be managed in a manner that protects and enhances the listed and non-listed native wildlife species and their habitat. Periodic surveys shall'be conducted oflisted species using the project site.

8. The location and design of any parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious materials wherever feasible.

9. A significant portion of the upland area on the project shall be planted with native vegetation.

I 0. The quality of surface waters shall be improved by the installation of storm water facilities on the project site that provide wildlife habitat and/or open space in a park like setting. The development of the stormwater facilities shall be coordinated with the St. Johns River Water Management District.

11. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifYing invasive exotics on the project site.

12. A feral animal removal program shall be developed and implemented for the project site.

07-039-FF7 De<.l3, 2007 Pre-acquisition

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13. A professional survey shall be conducted to determine the integrity and extent of the historic residence on the project site. The results of this survey shall be reviewed in conjunction with the Division of Historical Resources to develop an appropriate protection plan for this historic resource.

14. Sidewalk access shall be provided that links the project site with adjacent residential neighborhoods.

15. Bike racks shall be installed to provide an alternative to automobile transportation to the project site.

16. A nature trail of at least V. mile shall be provided on the project site.

17. The development and management of the project site shall be coordinated with the agencies managing the St. Sebastian River Trail, to ensure the project site is managed as part of a linked land-based trail system.

18. The project site shall be protected and managed as part of an ecological corridor within the County's designated St. Sebastian River Greenway.

IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT.

I. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration ofRestrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below.

2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration ofRestrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is located.

3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. Ifthe curing


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activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department ofEnvironmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat.

X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING

1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient.

2. If the existence ofthe Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division ofForestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site.

3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs.

4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site.

5. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT' s role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT A ward is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the fmal disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe.


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XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS

I. FCT is authorized by Section380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use ofF lorida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds.

2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service:

a. any sale or lease of any interest in the Project Site to a non-governmental person or organization;

b. the operation of any concession on the ProjectS ite by a non-governmental person or organization;

c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization;

d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public;

e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made;

f. a management contract for the Project Site with a non-governmental person or organization; or

g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient.

3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.I., at least sixty ( 60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities.


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4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site.

DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY.

XII. RECORDKEEPING; AUDIT REQUIREMENTS

1. The Recipient shall 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. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00a.m. to 5:00p.m., local time, Monday through Friday.

2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation.

In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.

3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of


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Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity).

4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifYing all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following:

Department of Community Affairs (at each of the following addresses): Office of Audit Services

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

and

Florida Communities Trust 2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

State of Florida Auditor General at the following address: Auditor General's Office

Room 401, Claude Pepper Building Ill West Madison Street

Tallahassee, Florida 32302-1450

5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such noncompliance.

6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years afier the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved.

7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ("IP A") who shall either be 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.

XIII. DEFAULT; REMEDIES; TERMINATION


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!. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, ifFCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default:

a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;

b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days

from the date written notice is sent to the Recipient by FCT;

c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or

d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement.

2. Upon the happening of an Event ofDefault, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity:


a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V .2. herein;

b. Commence an appropriate legal or equitable action to enforce performance of this Agreement;

c. Withhold or suspend payment of all or any part of the FCT Award;

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d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or

e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3.

3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; 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. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections l25.355(l)(a) and 166.045(l)(a), Fla. Stat.

4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice.

5. The Recipient may request termination ofthis Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.I.

XIV. LEGAL AUTHORIZATION

1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement.

XV. STANDARD CONDITIONS

1. This Agreement shall be construed under the laws ofthe State ofFlorida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement.


--17-

49

2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy ofFCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole.

3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications.

4. A person or affiliate who has 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 lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.

5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.

This Agreement embodies the entire agreement between the parties.

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

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By: Print Name: SANDRA L. BOWDEN

Title: CHAIRMAN

Date: (APPROVED BY THE BOARD 01/15/08)

Name: MARIAN E. FELL ll- ASSISTANT COUNTY ATTORNEY


-18-

FLORIDA COMMUNITIES TRUST

By:~~~~~~~~--~-Janice Browning

Date:

Division Director of Housing & Community Development

Approved as to Form and Legality: By:

Kristen L. Coons, Trust Counsel

50

INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird ·County Administrator

THROUGH: James W. Davis, P.E. ~~ Public Works Directorv

Pamela Stewart, J.D., LL.M. -JDJ Land Acquisition Manager

FROM: Louise Gates__.,.,.· --.-.. Land Acq1,11sitio cialist

i

SUBJECT: Right-of- ay Acquisition 4505 US Highway 1 (Corner ofUS1 & 451

h Street) Donn Waltrip Parcel J.D. # 32-39-23-00000-5000-00028.1

DATE: January 07, 2008 CONSENT AGENDA


Indian River County has the opportunity to purchase additional right-of-way located on the North West comer of 45th Street and US Highway 1 for the purpose of future turn lanes, sidewalk and utility corridor. The additional right-of-way will increase 45th Street to the ultimate at this location. The proposed purchase is approximately 15' x 57.70' which equals 864 square feet or .02 acre. The seller has accepted and executed a Purchase and Sale Contract in the amount of$12,960.00 based on $15.00 per square foot.

There are no attorney fees. Closing costs will be divided between both parties, as per local custom.

51

Property Acquisition, 4505 US Hwy 1 January 07,2008- Page Two of Two

RECOMMENDATIONS AND FUNDING

The Board's options include the following:

Option 1: Approve the transaction, purchasing the needed right-of-way.

Option2: Reject the terms of the Agreement and continue negotiations at a later date.

Staff recommends Option 1: That the Board approves the purchase of the needed rightof-way at a price of $12,960.00, and authorizes the Chairman to execute the Purchase and Sale Agreement.

Funding is budgeted and available from account #31521441-066120

ATTACHMENT

Purchase And Sale Agreement (two originals+ one copy) Sketch & Legal Description

APPROVED AGENDA ITEM FOR: January 15, 2008

BY~<>··FA.&.J

2

Indian River Coun

Administration

Budget

Legal

R:isk ManagemeHt

Public Works

Engineering

Land Acquisition

Approved Date

52

I

1------------------- ············"- -----~~-~~QA~Qpy ________ ------- ___ Q_I¥-- --

AGREEMENT TO PURCHASE AND SELL REAL ESTATE ... -···-·· .

THIS AGREEMENT TO PURCHASE AND SELL REALEST ATE ("Agreement") is made and entered into as of the 4th day of January, 2008 by and between Donn Waltrip, ("Seller") and Indian River County, a political subdivision of the State ofFlorida ("County''), who agree as follows:

I. 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 4505 US Highway 1 on the comer of 45th Street and US Highway 1, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A" containing approximately .02 acres, more or less 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 Twelve Thousand Nine Hundred Sixtv Dollars & 00/100 ($12,960.00). 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 convey marketable title to the Property by warranty deed free of clairris, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants; restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property.

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. 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 best 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 indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

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

4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

5. Default.

1 53

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_orparty:_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, and pursue all remedies available hereunder and under applicable Jaw; (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 warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of 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 hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County, certifying that the Seller is not a noncresident 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. . (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

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 1 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 54

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. Ariy rriodificiition cif"iimendineilt 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:

Donn Waltrip 1410 5th Court Vero Beach, FL 33441

Indian River County 1801 27th Street, Vero Beach, FL 32960 Vero Beach, FL 32960 Attn: Louise Gates, Land Acquisition

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

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

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

8.9. County Approval 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.

3 55

IN WITNESS WHEREOF, the undersigned have execl!t_eci_~ Aw:e_(:~ent as of the date first set forth above.

PID #32392300000500000028.1

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

Sl;lndra L. Bowden, Chairman

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

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

§)~~-Donn Waltrip

Oo-tVJt! ?vlt1--ZJ3-Lf? (Prmted name and title)

4 56

LEGAL DESCRIPTION: (15' RIGHT-OF-:WAY PARCEL)

THE SOUTH 15.00 FEET OF THE FOLUjlWI~ tvsbJsJ:::BJ.RcJEi A!:J ~di!>R PAGE 1169 OF THE PUBLIC RECORDS loFI..I.WOiANr RJvl:i QU~TY, FU}R\DA:

ED IN OFFICIAL RECORDS BOOK 14 71,

THAT PART OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE...:QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF THE THE WEST RIGHT-OF-WAWY OF U.S. HIGHWAY No. 1 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 1 AND 209 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER; THENCE RUN SOUTH 11 DEGREES 56 MINUTES 42 SECONDS EAST ALONG THE SAID WEST RIGHT-OF-WAY, A DISTANCE OF 131.68 FEE:T TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 25 FEET; A CENTRAL ANGLE OF 102 DEGREES 09 MINUTES 00 SECONDS AND ARC LENGTH OF 44.57 FEET; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 18 SECONDS WEST, A DISTANCE OF 25 FEET TO THE NORTH RIGHT-OF-WAY OF NORTH GIFFORD ROAD (45TH STREET); THENCE RUN NORTH 89 DEGREES 46 MINUTES AND 42 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 57.70 FEET; THENCE RUN NORTH 01 DEGREES 06 MINUTES 57 SECONDS EAST, A DISTANCE OF 184.01 FEET; THENCE RUN NORTH 89 DEGREES 46 MINUTES 42 SECONDS EAST, A DISTANCE OF 51.50 FEET TO SAID WEST RIGHT-OF-WAY OF U.S. HIGHWAY No. 1 AND POINT OF BEGINNING.

SAID RIGHT-OF-WAY PARCEL CONTAINING 864 SQUARE FEET, 0.02 ACRES. MORE OR LESS.

NOTES

1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE.

RIVER COUNTY ADMINISTRATION 1801 27th STREEf

VERO BEACH, FL 32960 (772) 567-BOOO

3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF AN: OWNERSHIP & ENCUMBRANCE REPORT NUMBER 27076425, DATED SEPTEMBER 11, 2007, AND CERTIFIED TO THE INDIAN RIVER COUNTY A HORNEY.

4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE • SHOWN WERE LOCATED BY INDIAN RIVER COUNTY SURVEY CREW ON JANUARY 3, 2001.

5. BEARINGS SHOWN HEREON ARE BASED .UPON THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY No.1, PER O.R.B. 1471, PG. 1169> SAID LINE HAVING A BEARING OF S11'56' 42"E. .

THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED.

THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION

PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT : , 2'

45TH ST!i'££T t1 U.S. HIGHWAY 1 15' PHOPSEO HIGHT-OT-WAY PAHCEL

1-

8 ~ ~

" 0 0

§ ~ ~ 0

"' "' "'! ~

Vl ::::l

~

t "' ;!-~ 0 ,. rn ~ u. .!!!, e

a..

il ·a_

§, -"E 0

-E w

e 0

<;:!-"' ·5 "

2/1~ ~ ....

POB O.R.B. 1471, PG. 1169)

s 89'46'42" --.------,---"- . 51.50'

(J) 0 N

N 01'06'57" E 15.00'

z

25' R/W PER FDOT R/W MAP SECllON No. 88500, DATED 6/60

60' R/'IJ pE.R Q.R.B· g')., pG. 83

THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED.

NOlAN RIVER COUNlY ADMINISTRATION BUILDING] 1B01 27th STREET

VERO BEACH, FL 32960 (772) 567-8000

j'IJ I'E.R B3 60' R pG.

o.R· \3-~ I

\~ II.

\\ 'f

I

\ I I

\ I I

SECTION 23 TOWNSHIP 32S RANGE 39E

GRAPHIC SCALE 40 0 20 40

~---- I I ( IN FEET )

1 inch = 40 ft.

NOTES ~ =CENTERLINE

POB=POINT OF BEGINNING

R/W=RIGHT -OF -WAY

O.R.B.=OFFICIAL RECORDS BOOK

PG.=PAGE

P.I.D.=PARCEL IDENTIFICATION

R=RADIUS

L'I=DELTA ANGLE

L=ARC LENGTH

C.B.S.=CONCRETE BLOCK & STUCCO

F.D.O.T.=FLORIDA DEPARTMENT OF

45TH STREET tl li.S. HIGHWAY I 15' PROPOSED RIGHT-OF-WAY PARCEL

i

1--0 w :::; ... ~ ~ 0

,_.. 0 0

~ t:;_ 0

"' ;o ~

en ::::>

.!. en

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

61\ ~

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A Baird, County Administrator

James W. Davis, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Engine

Michael O'Brien, P.S.M., County Surveyor and apper ~ Work Order No. 2 (Engineering/Surveying) Kimley-Horn & Associates, Inc. FULL & FINAL PAYMENT 81

" Street (East of US1) Proposed Sidewalk Topographic Survey IRC Project No. 0744 Continuing Professional Surveying & Mapping/GIS Services Contract 0725

January 7, 2008 CONSENT


On November 201", 2007 the Board of County Commissioners approved Work Order No.2 with Kim ley-Horn &

Associates, Inc. for a survey related to the SAFETEA-LU (Federal) Enhancement Grant projects approved by the MPO and in support of the County's Engineering Design and Permitting applications fora lump sum fee of $7,845.00. The proposed route is from the existing sidewalk along the north side of 8th street, traveling eastto 61

" Avenue. Length is approximately 1000 feet

Kim ley-Horn and Associates, Inc. has completed the task and has submitted Invoice Number 3233299, dated December 20, 2007, in the amount of $7,845.00.

RECOMMENDATION

Staff recommends payment of Invoice Number 3233299, dated December 20, 2007, in the amount of $7,845.00. Funding is budgeted and available through the Professional Land Survey Annual Services Contract 0725, Account Number 109214-033490-05007.

ATTACHMENTS

1. Kimley-Horn & Associates, Inc. Invoice No. 3233299, dated December 20,2007.

DISTRIBUTION

1. Kimley-Horn & Associates, Inc. 2. Michael D. Nixon, P.E., Engineering

Roadway Production Manager

APPROVED AGENDA ITEM

Indian River Approved County

Administration

Budqet

Legal

Risk Management

Public Works c::J.')' Engineering

/

Date

I 11o}O r

F:\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\2007-2008 Projects\Kimley Horn\Bth St. Sidewalk 11-07\0725 BCC Agenda request Kimley Horn WO #28th S. SW Full & Final Pay 01-08-0S.doc

59

Kimley-Hom and Associates, Inc.

INDIAN RIVER COUNTY ATTN: MICHAEL O'BRIEN, P.S.M. 1840 25TH STREET VERO BEACH, FL 32960

PLEASE REMIT TO:

KIMLEY·HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520

PAYMENT FOR THIS INVOICE IS DUE 25 DAYS FROM DATE OF RECEIPT.

TIN 56-0885615

I NV. DATE: 12/20/07 INVOICE#: 3233299 PROJECT#: 047035052.1

CLIENT REF: 0725 W02

PROJECT MGR.: HYDE, STEVE PROJECT: 8TH STREET SIDEWALK

FOR PROFESSIONAL SERVICES RENDERED THROUGH 12/20/07

TOTAL FEE AUTHORIZED

PERCENT COMPLETE AS OF 12/20/07

FEE EARNED TO DATE

LESS PREVIOUS BILLINGS

TOTAL INVOICE

7,845.00

100.00%

7,845.00

0.00

7,845.00

APPROVED BY THE INDIAN lUVIR COUNTYSURVBYOR

DATE:--~~~~)~/~o~e~~-------INITIAL: /)Jo/3

' 0 lC - \2-t:c... 0 NL'I I N.'-\0 lCt;:__ NO ~oc, A.t<V v.:>..GC

<J:>j<l. 'I 10 \,:" u u... If you have questions or concerns regarding this invoice, please call Cheryl Barrett at 772-794-4142.

(Yl~

60

Consent Agenda


MEMORANDUM

TO: Joseph A. Baird, County Administrator

Robert M. Keating, Community Development Director

THROUGH: Sasan Rohani, AICP Chief, Long-Range Planning

FROM: Bill Schutt, AICP U Senior Economic Development Planner

DATE: January 3, 2008

SUBJECT: CONSIDERATION OF CONSULTANT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NEIGHBORHOOD REVITALIZATION ADMINISTRATION SERVICES

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 15, 2008.


On April I 0, 2007, 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 a new Gifford Fire Station at 3620 49th Street.

On September 19, 2007, the County received a notice of award and proposed contract from the Department of Community Affairs for the CDBG. That contract was formally executed by both the County and the State in October of2007.

I

61

To select a consultant to administer the Neighborhood Revitalization grant, staff thereafter initiated the request for proposal (RFP) process.

On December 11, 2007, a consultant selection committee, comprised of Robert M. Keating, Community Development Director, Jason E. Brown, Management and Budget Director, and Dale Justice, Assistant Chief of Emergency Operations, met and interviewed three consultant firms and reviewed their proposals.

Based on the written proposal, the interview, staff experience, and other factors, Guardian Community Resource Management, Inc. was ranked number one for grant administration services. On December 18,2007, 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.

ANALYSIS

Since Board 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; • Maintain all required files; • Monitor contractor performance and compliance with contract requirements, including

required evaluation of contractors' weekly payroll for federal projects; • Represent the local government during monitoring visits. Respond to monitoring 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.

2

62

The negotiated cost for grant administrative services to be provided by Guardian Community Resource Management, Inc. is $40,000. That $40,000.00 represents 5.33% 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 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 the contract upon approval.

ATTACHMENT

1.) Proposed contract between the Indian River County Board of County Commissioners and Guardian Community Resource Management, Inc. for the administration of a Neighborhood Revitalization Community Development Block Grant.

Indian River Co. Approved Date :;.-....

Admin. ,(~ I /0 I 0 g Approved Agenda Item:

Legal Z<l ~. , Jq i?~

Budget lk" l 'l ~ Dept. ?r, '

;.-~ I / •.if n9. RiskMgr. .Ama.A..- t7il_o;/IJ'if

F:\Community Development\Users\CDBG\2007 Neighborhood Rev\Contracts\Consultant contract\BCC ItemConsultant Contract. doc

3

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INDIAN RIVER COUNTY, FLORIDA CONTRACT FOR FISCAL FUNDING YEAR (FFY 2007)

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 Community Affairs (hereinafter DCA).

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 2007 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 2008024 Neighborhood Revitalization CDBG Services' dated November 2007 by Guardian and all presentations to the COUNTY therein shall be a part of this contract, 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 DCA. GUARDIAN shall be paid in accordance with Section D of this Contract. The COUNTY's Grant Award Agreement from DCA shall become part of this Contract.

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 2007 CDBG-NR project in compliance with applicable laws and regulations. GUARDIAN will comply with Chapter 119, Florida Statues.

(2) Scope of Services- Program Administration Services

Attachment 1

1

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• Coordinate with the County and DCA for all matters related to this project

• Attend all meetings related to the grant, including but not limited to, public hearings, staff meetings, public informational meetings, etc.

• Represent the County during DCNHUD Site Visits and Monitorings and prepare response(s) to HUD and DCA monitoring letters.

• Represent the County Before any State or Federal Boards or Meetings Regarding the Project

• Create Project Information Management and Record Filing System • Develop Project Financial Management System (for Disbursing Funds) • Maintain Project Records and Filing System acceptable to both the

Florida Department of Community Affairs and the Auditor's General Office (track and code files/check regularly)

• Establish and Maintain the County's Equal Opportunity Files for the Project

• Develop Work Plans for Project Contract Document • Prepare Grant Contract Document • Develop Budget for Project Contract • Handle Environmental Review(s), Including the Preparation of Public

Notices and the "Request for Release of Funds". • Oversee Project to monitor for Compliance with applicable DCNHUD

requirements • Coordinate With Other Agencies and Contracts, as Necessary • Request Wage Decisions for the project from DCA and/or HUD and

provide to the County as needed • Maintain a Budget Tracking System • Provide Technical Assistance to the County in Procuring Professional

Service Contracts • Review 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/Administrator Procurement Packages and review

for DCA and HUD compliance. • Obtain DOLIHUD/DCA clearances of the contractor • Prepare Notice of Award to DOL, HUD, or DCA as required. • Conduct Preconstruction Conference • Prepare and Send Notice on Behalf of the County to DOL and HUD or

DCA that the construction has commenced • Oversee Citizen Complaint Process • Monitor Contractor, Engineer, and Construction Progress • Supervise Payment Authorizations • Prepare Request for Grant Funds (No Less than Quarterly) • Prepare And Process DCA Contract Amendments, as Needed

(including preparing advertisements and attending public hearings) • Review Change Orders And Amendments For Compliance, as Needed • Provide Regular Project Status Reports to DCA (No Less than

Quarterly) and provide additional progress reports to the County if requested.

• Monitor all Project Activity to Ensure Compliance with DCA, HUD, and DOL requirements

• Review the Contractor's Weekly Payrolls for Compliance with Davis/Bacon and other Federal Contract Requirements

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• Approve all Payment Requests to Ensure the Payments are Appropriate and the Proper Documentation is included

• Establish and Maintain Labor Standards Compliance Files • Provide all Other Necessary Technical Assistance • Review Final Change Order, Pay Request, & Construction Documents

for compliance with DCA/HUD/DOL requirements • Balance Final Project Budget • Gather All Necessary Supporting Documents • Prepare Documents for Administrative/Financial Close Out • Perform all Closeout Activities, including Preparing Final Status Report

and Responses to DCA and/or HUD and all Other Reports Related to the Project and Required by DCA and/or HUD

• Prepare all Necessary and all Requested Responses to Inquiries from Local, State, and Federal Governmental units Related to HUD and DCA Regulations.

If the Grant Award Agreement between the COUNTY and FDCA 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 5.33% of the awarded grant dollars (i.e. $40,000 for the $750,000 grant). The COUNTY shall pay the fee to GUARDIAN in 17 equal monthly payments of $2,000 per month, starting in February 2008. The remaining balance of $6,000 will be paid to the consultant after administrative closeout of the contract by DCA. If the project is completed in less than 17 months, the balance of the administration fee will be paid to GUARDIAN after completion and submission of the Closeout Status Report to DCA.

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.

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(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 DCA, 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 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) If 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

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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.

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 Liability 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: Bill Schutt, AICP, Senior Economic Development Planner, Indian River County, 772-226-1243, [email protected].

GUARDIAN's Primary Contact responsible for the administration of this Contract is J. Corbett Alday, CEO, Guardian Community Resource Management, Inc., PO Box 189, Mascotte, FL 34753 (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.

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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

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 , 2007.

GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC.

By:

Name and Title: __ _,C,_h"'ri,st..,in...,e'-'M=as..,e""k'-'A_,I .... da.,y'"'"' ..cP..cre..,s"'id..,e"'"n'"'-t _____ _

Attest: -------------------

Name and Title:------------------

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INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By: ~~~~~~~---------------------Sandra L. Bowden, Chairman

Attest: -;--;;--;-;~-:--::c.--;--;-;c:--::;-;---:-:-:::---:-----Jelfrey K. Barton, Clerk of the Circuit Court

Approved as to Form and Legal Sufficiency

William G. Collins, Indian River County Attorney

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ATIACHMENTA

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

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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 1974

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 72

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 DCA, 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 five (5) years after the COUNTY makes final payment and all other pending matters are closed.

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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.

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ATTACHMENT C

FEE SCHEDULE FOR ADDITIONAL SERVICES IF NEEDED

Where grant funds cannot be used or for additional services the following schedule will be utilized:

Description

Grant-Loan Program Services Director/Manager

Grant Financial Services Director/Manager

Construction Services Director/Manager

Program Manager/Project Delivery Manager

Construction Specialist/Grants Administrator

Planner/Project Delivery Specialist

Program Assistant/Planning Assistant

Research/Administrative Assistant

Typical Fees by Work Order (examples) CWH I P Workforce Housing Proposal USDA Water/Waste Grant-Loan Application SRF Water or Waste Loan or Grant Pre-Application or App EDA Public Works Grant Application EPA STAG or SPAP Grant Application Economic Development Transportation Grant Application Rural Infrastructure Grant Application FCT Land Acquisition Application FRDAP Application

Fee•

$ 90.00 per hour

$ 80.00 per hour

$ 70.00 per hour

$ 60.00 per hour

$ 60.00 per hour

$ 50.00 per hour

$ 37.00 per hour

$ 25.00 per hour

$25,000 $25,000** $15,000 $20,000** $12,000 $7,000** $5,000** $10,000** $5,000

•• Typically does not allow for ad min 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.

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DATE:

TO:

FROM:

PREPARED

1;£ CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

CONSENT AGENDA ITEM

DECEMBER 13,2007

JOSEPHA. B~CO~RATOR W. ERIK OLSON- DIRECTOR OF UTILITY SERVICES

MICHAEL HOTCHKISS, P.E., CAPITAL PROJECTS 1lJ fl. MANAGER; GORDON E. SPARKS, P.E., ENVIRONMENTALU:t£.S ENGINEER, DEPARTMENT OF UTILITY SERVICES

AND STAFFED BY:

SUBJECT: UPGRADES AND GENERATORS FOR BENT PINE LIFT STATIONS NO. 68 AND 69, BID NO. 2007039, PROJECT NO. 9611 & 0001, CR 510 & CR 512 PHASE Ill IMPROVEMENTS, UCP NO. 2806, APPROVAL OF FINAL PAYMENT TO CONTRACTOR, TLC DIVERSIFIED, INC. OF PALMETTO, FL, AND RELEASE OF RETAINAGE

BACKGROUND AND ANALYSIS

On March 13, 2007 the Board of County Commissioners (BCC) approved award of Bid No. 2007039 to TLC Diversified, Inc. of Palmetto, FL for a total lump sum amount of $448,688.00. This work has now been completed by and accepted by the Utilities Department. Application for Payment No. 4 Fl NAL was received by the Utilities Department on December 11, 2007 for an amount of $68,528.18. Previous invoices have been paid for a total amount of $380,159.82. The total cost of construction is therefore $448,688.00 which is what was budgeted for the project.

RECOMMENDATION

The staff of the Department of Utility Services recommends the Board of County Commissioners approve Application for Payment No. 4 - Final as final payment to TLC Diversified, Inc. of Palmetto, FL, Inc., in the amount of $68,528.18, as presented (See Attachment 1 ). The final payment of $68,528.18 will release the retainage and complete the County's obligation to TLC Diversified of, Inc. of Palmetto, FL.

F:\Utilities\UTIUTY- ENGINEERING\Projects- Utility Construction Permits\IRC- Bent Pine Upgrade Lift Stations #68 & #69 UCP #2806- SCHULKE\AAA- Agenda- FINAL PAYMENT to TLC- Dec. 13, 2007.doc

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ACCOUNT NUMBER ACCOUNT NAME AMOUNT 471-23536-044699-ia7sl3 R&RFund $34,264.09 472-169000-07513 Bent Pine LS Fund $34,264.09

Attachments:

1. · Application for Payment No. 4- FINAL

GES/ges

APPROVED FOR AGENDA:

DATE: ~ /5 o(orJt" ~ 7

Indian River Co. Administr at ion

Utilities

Budget

Legal Risk Manager

F:\Utilities\UTILITY- ENGINEERING\Projects- Utility Construction Permits\IRC- Bent Pine Upgrade Lift Stations #68 & #69 UCP #2806 - SCHULKE\AAA - Agenda - FINAL PAYMENT to TLC- Dec. 13, 2007.doc

77

~ + + I) ., ::r 3 D ::::s ... ~

-...J

SECTION 00622 · Contractor's Application for Final Payment

Application for Payment No. 4 Final. For Work Accomplished through the periodof Oct 1, 2007 throuqh Oct 31. 2007

To: Indian River County (OWNER) From: TLC Diversified, Inc. (CONTRACTOR) Contract: Project: Upgrades & Generators for IRCDUS LS No 68 & 69 OWNER's Contract No. ENGINEER's Contract No. __ ENGINEER Schulke, Bittle & Stoddard

(1) Attach detailed schedule and copies of all paid invoices.

1. Original Contract Price: ~448,688.0Cl 2. Net change by Change Orders and Written Amendments(+ or-): $.00 3. Current Contract Price (1 plus 2): ~448,688.00 I

4. Total completed and stored to date: ~448,688.00

5. Retain age (per Agreement): % of completed Work: $0.00

% of retainage: $ Total Retainage: $0.00

6. Total completed and stored to date less retainage (4 minus 5): ~448,688.00 7. Less previous Application for Payments: ~380, 159.82 8. DUE THIS APPLICATION (6 MINUS 7): $68,528.18 i

CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the lasl request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below.

The acceptance of final payment shall be and shall operate as a release of the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment,

00622- Contractor's Application for Final Payment.doc

00 T:\JRlWORK\TLC\WORDPFCT\nC\0703\00622 · Contractots Application for Ffnal Paymentdoc Rev. 05!0"1 00622- 1

-..J c.o

however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

Dated November 5, 2007

State of FLORIDA County of MANATEE Subscribed and sworn to before rne this 5th

y OJ../' NoveJ;Ilber 2007 '

TLC DIVERSIFIED, INC.

(CONTRACftl

By:G .,.} ;;>

,\3-YP"~

?A·<>~ KAY L. CUNNINGHAM MY COMMISSION# 00302744

EXPIRES: March 23,2008

CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER !WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge

and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor.

Dated f '2.-- ! /- D 7 '

CERTIFICATION OF ENGINEER /,Qt)SPECTOR: I have checked the estimate aga1nst the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my

inspections of the project It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above.

Dated I z__/1'"<?/0 7 '

Accompanying Documentation: __

* * END OF SECTION * * 00622- Contractor's Application for Final Payment. doc

00622-2 T:\JRlWORK\TLC\WORDPFGnTlC\0703\00622- Contractor's Application for Final Payment doc Rev. 05101

APPLICATION AND CERTIFICATE FOR PAYMENT To: Indian River County

Department of Utility Services 1840 25th Street

From:

Vero Beach, FL 32960

TLC Diversified, Inc. 2719 17th Street East Palmetto, FL. 34221 941-722-0621

CHANGE ORDER SUMMARY Change Orders approved in

previous months by Owner

Approved this month

Number Date Approved

Net Change by Change Orders

TOTAL

TOTALS

Project:

Contract No.: Contract Date:

ADDITIONS

$0.00

Upgrades and Generators for IRCDUS Lift Station No.'s 68 & 69

Application: 4Final

Period to: 10/31/2007

03/13/2007 PO Reference No.:

Application Is made for payment, as shown below, in connection wlth the Contract

Continuation Sheet is attached.

DELETIONS Total Stored Material

1 Original Contract Sum 2 Net Change by Change Orders

3 Contract Sum to Date (Line 1 + 2) 4 Total Completed 5 Total Sto•red Material 6 Total Completed and Stored

$0.00 7 Retainage (of completed wol1<)

$0.00 8 Total Earned Less Retainage

Distribution to: OWNER ARCHITECT CONTRACTOR ENGINEER

$448,688.00

$0.00

$448,688.00

$448,688.00

$0.00 $448,688.00

$0.00

$448,688.00

CQ~IRACT DATA (line Siess line 7 Total)

The undersigned Contractor certifies that to the best of the Bids Received

Contractor's knowledge, information and belief, the work covered Notice to Proceed

by \his Application for Payment has been completed in accordance Days, Substant. Camp.

with the Contract Documents, that all amounts have been paid by Days, Final Camp.

the Contractor for work for Which previous Certificates for Time ExtenUons Allowed

Payment were Issued and payments received from the OWner, and New Completion Date

that current payment shown herein is now due. Percent Complete-$$$

CONTR : TLC Diversified, Inc. Percent Complete -Time

c: Time Elapsed to Date:

OWNERS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on onside observations

and the data comprising the above application, the ArchitecVEnglneer certifies

to the Owner that to the best of his/her knowledge, information and belief, the

Work has progressed as indicated, that the quality of work is in accordance w!th

said Contract Documents, and the Contractor is entitled to payment of the

AMOUNT CERTIFIED.

00 Printed: 11/05/2007

0

0210912007 9 Less Previous Certificates for Payment L $380,159.82 05/14/2007 (Lines 9 + 10 from prior certificate)

120 10 Current Payment Due (Line 8 less line 9) $68,528.18 150 11 Balance to Finish, Plus Retainage I $0.00

{Line 3 tess line B)

10/10/2007

100.00%

114.09%

170 ;;/.r~? Date: AMOUNT CERTIFIED: $ _____ _ (Attach explanation if amount certified differs from that applied for)

Date I.P-/-t?drJ '

Page 1 of 7 TLC Job 07-03-01


Item No. Description

1 Mobilization 2 General Conditions. Mob/Demob 3 Bond 4 Mob/Demob 5 6 7 8 LIFT STATION NO. 68 9 Item #1

10 Sitework 11 Mise Site Work 12 Clear & Grub 13 Site Fill 14 Irrigation 15 Fence

16 Landscaping 17 Concrete Slab on Grade 18 19 Item#2 20 Electrical 21 68 Electrical 22 68 RTU 23 24 25 Item #3 26 Wet Well 27 Demolition 28 Fillet and Floor Work 29 Wei Well Top Slab

--

00 Printed : 11/05/2007 __.

~ --

Unit Contract Qty. s Unit Price Price

1 Is 5,175.00 5,175.00 1 Is 13,955.00 13,955.00

19,130.00

1 Is 700.00 700.00 1 Is 650.00 650.00 1 Is 1,350.00 1,350.00 1 Is 270.00 270.00 1 Is 4,975.00 4,975.00 1 Is 1,290.00 1,290.00 1 Is 4,662.00 4,662.00

13,897.00

1 Is 21,980.00 21,980.00 1 Is 4,530.00 4,530.00

26,510.00

1 Is 4,860.00 4,860.00 1 Is 3,743.00 3,743.00 1 Is 3,210.00 3,210.00

Page 2 of 7

Draw # 4Fina 10/31/2007

Previous Qty Per Amount this Amount this Qty to Amount Earned Cent Earned Draw Draw Date to Date Camp

$5,175.00 1.0 $5,175.00 100')', $6,977.50 0.50 $6,977.50 1.0 $13,955.00 100')',

$700.00 1.0 $700.00 100')', $650.00 1.0 $650.00 100')',

$1,350.00 1.0 $1,350.00 lQQ')',

1.00 $270.00 1.0 $270.00 100'/o 1.00 $4,975.00 1.0 $4,975.00 100')'. 1.00 $1,290.00 1.0 $1,290.00 100')'.

$4,662.00 1.0 $4,662.00 100')',

$21,980.00 1.0 $21,980.00 war, $4,530.00 1.0 $4,530.00 100')',

$4,860.00 1.0 $4,860.00 lOO'Yo; $3,743.00 1.0 $3,743.00 100'1',] $3,210.00 1.0 $3,210.00 100%1

TLC Job 07-03-01



30 Coatings 31 Pumps and Control Panel 32 Wet Well Mechanical 33 34 Item#4 35 Valve Vault 36 Demolition 37 Precast Valve Box and or Top Slab 38 Valve Vault Mechanical 39 40 Item#5 41 Generator 42 43 Item #6 44 Other 45 Item a. 46 RPZ on Exisiting WS 47 48 Item b. 49 Forcemain Modifications 50 51 Item c. 52 Temporary By Pass 53 54 55 56 LIFT STATION NO. 69 57 Item #1 58 Sitework

00 Printed : 11/05/2007

N

Unit Contract Qty. s Unit Price Price

1 Is 2,275.00 2,275.00 1 Is 72,530.00 72,530.00 1 Is 5,060.00 5,060.00

91,678.00

1 Is 2,037.00 2,037.00 1 Is 2,850.00 2,850.00 1 Is 8,015.00 8,015.00

12,902.00

1 LS 56,857.00 56,857.00 56,857.00

1 LS 1,300.00 1,300.00 1,300.00

1 LS 10,187.00 10,18"7.00 10,187.00

1 LS 10,799.00 10,799.00 "10,799.00

Page 3 of 7

Draw # 4Fina 10/31/2007

Previous Qty Per Amount this Amount this Qty to Amount Earned Cent Earned Draw Draw Date to Date Comp

$2,275.00 1.0 $2,275.00 100'/o $72,530.00 1.0 $72,530.00 100%

$5,060.00 1.0 $5,060.00 100'/o

$2,037.00 1.0 $2,037.00 100% $2,850.00 1.0 $2,850.00 100'/o $8,015.00 1.0 $8,015.00 100'/o

$54,014.15 0.05 $2,842.85 1.0 $56,857.00 100%

$1,300.00 1.0 $1,300.00 100'/o

$10,187.00 1.0 $10,187.00 100'/o

$10,799.00 1.0 $10,799.00 100'/o

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

TLC Job 07-03-01



59 Clear & Grub

60 Irrigation

61 Landscaping

62 Concrete Slab on Grade

63 64 Item #2 65 Electrical

66 69 Electrical

67 69 RTU

68 69 70 Item #3 71 Wet Well

72 Demolition

73 Fillet and Floor Work

74 Wet Well Top Slab

75 Coatings 76 Pumps and Control Panel

77 Wet Well Mechanical

78 79 Item #4 80 Valve Vault

81 Demolition

82 Precast Valve Box and or Top Slab

83 Valve Vault Mechanical

84

OO Printed : 11/05/2007

w

Qty.

1 1 1

. 1

1 1

1 1 1 1 1 1

1 1 1

Unit Contract s Unit Price Price

Is 475.00 475.00 Is 165.00 165.00 Is 1,430.00 1,430.00 Is 2,433.00 2,433.00

4,503.00

Is 17,840.00 17,840.00 Is 2,122.00 2,122.00

19,962.00

Is 4,860.00 4,860.00 Is 3,732.00 3,732.00 Is 2,190.00 2,190.00 Is 2,100.00 2,100.00 Is 72,530.00 72,530.00 Is 5,040.00 5,040.00

90,452.00

Is 1,660.00 1,660.00

Is 4,992.00 4,992.00 Is 7,650.00 7,650.00

14,302.00

Page 4 of 7

Draw # 4Fina 10/31/2007


$475.00 1.0 $475.00 100"/o 1.00 $165.00 1.0 $165.00 100% 1.00 $1,430.00 1.0 $1,430.00 100% 1.00 $2,433.00 1.0 $2,433.00 100"/o

'

$17,840.00 1.0 $17,840.00 100"/o 1.00 $2,122.00 1.0 $2,122.00 100"/o

$4,860.00 1.0 $4,860.00 100"/o $3,732.00 1.0 $3,732.00 100"/o $2,190.00 1.0 $2,190.00 100"/o $2,100.00 1.0 $2,100.00 100"/o

$72,530.00 1.0 $72,530.00 100% $5,040.00 1.0 $5,040.00 100%

$1,660.00 1.0 $1,660.00 100'Yo $4,992.00 . 1.0 $4,992.00 100"/o $7,650.00 1.0 $7,650.00 100"/o

TLC Job 07-03-01

00 ~

Item No.

85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109

1110 i111 '~-·


Unit Contract Description Qty. s Unit Price Price

Item#5 Generator 1 LS 56,857.00 56,857.00

56,857.00 Item #6

Other Item a.

RPZ on Exisiting WS 1 LS 1,300.00 1,300.00 1,300.00

Item b.

Forcemain Modifications 1 LS 4,316.00 4,316.00 4,316.00

Item c. Temporary By Pass 1 LS 10,656.00 10,656.00

10,656.00

Testing 1 LS 1,200.00 1,200.00 1,200.00

Survey Lay Out 1 LS 940.00 940.00 940.00

Survey As-Builts 1 LS 940.00 940.00 940.00

Total Contract Amounts $448,688.00

Printed : 11/05/2007 Page 5 of 7

Draw # 4Fina 10/31/2007


$54,014.15 0.05 $2,842.85 1.0 $56,857.00 100'Yo

$1,300.00 1.0 $1,300.00 100%

$4,316.00 1.0 $4,316.00 100%

$10,656.00 1.0 $10,656.00 100%

$1,200.00 1.0 $1,200.00 100%

I

$940.00 1.0 $940.00 100'Yo

1.00 $940.00 1.0 $940.00 100%

.

$422,399.80 Earned $26,288.20 - $448,688.00 -·--- - -

TLC Job 07-03-01

Item No.


Unit Contract Description Qty, s Unit Price Price

Additional Work; A(;!(;!roved b~ Owner

Totals ORIGINAL CONTRACT & ADD'L WORK

Additional Work; Pending A(;!(;!ro'{al

Previous Qty Amount this Earned Draw

Earned Stored Material

Installed Material Retention

Invoice Amount

ADD'I.. •• ~"~ .n:t<ro... ADD'I.. Amount tarned

Draw # 4Fina 1 0/31/2007

Per Amount this Qty to Amount Earned Cent

Draw Date to Date Comp

$26,288.20 I $448,688.oo 1 I I

:!>26,288.20 I $448,688.00 I

Earned Earned THIS draw TO- DATE

Amount to be added into Contract

Printed : 11/05/2007 00 (J1

Page 6 of 7 TLC Job 07-03-01

00

"'

------·- ----l---··

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

PAY APPLICATION SCHEDULE OF STORED MATERIALS Upgrades and Generators for IRCOUS

Indian River Countv Pay Request#: 4Final

ITEM DESCRIPTION INVOICE PREVIOUSLY RECEIVED PREVIOUSLY INSTALLED BALANCE NO. OF MATERIALS SUPPLIER NO. RECEIVED THIS PERIOD INSTALLED THIS PERIOD TO INSTALL A 8 c D E F G H I

Pipe Valves & Fittings Ferguson Enterprise, Inc. 1056 4,832.78 4,832.78 Pipe Valves & Fittings Ferguson Enterprise, Inc. 1056-1 458.79 458.79 Pipe Valves & Fittings Ferguson Enterprise, Inc. 6082 983.02 983.02 Pipe Valves & Fittings Ferguson Enterprise, Inc. 1039 5,351.05 5,351.05 Pipe Valves & Fittings Ferguson Enterprise, Inc. 4858 2,582.98 2,582.98 Pipe Valves & Fittings Ferguson Enterprise, Inc. 1039-1 194.74 194.74 Pipe Valves & Fittings Ferguson Enterprise, Inc. 6656 214.00 214.00 Pump Package ASS Pumps, Inc. 5265 55,703.00 55,703.00 Pump Package ASS Pumps, Inc. 5411 31,927.20 31,927.20 Pump Package ASS Pumps, Inc. 5288 21,175.80 21,175.80

'

i

I

I

I

I I

TOT ALL_ L I $123,423.361 I $123,423.361 I I

Printed : 11/05/2007 Page 7 of 7 TLC Job 07-03-01

6. APPROVAL OF MINUTES

7.

A. Chapter 910 Concurrency Management System Public Workshop- January 5,2007

Approved.

CONSENT AGENDA

A. Approval of Warrants- February 23- March 1, 2007

PAGE

__ (1!'~~?!.~~-cl~l!'.cl!l.~'Ocl. _ ~a~5:lf}_,_~9~?) ______________________________________________________________ ~~~ _ Approved.

B. Resignation of District 5 Appointee to Utility Advisory Committee __ (l!'~~o_r_~~-cl~l!'.cl!l.~~cl .. ~il!5:!f.?L~9~?) ___________________________________________________________ )_0_-_!J .. Approved resignation of Herbert V. Whittall, District 5 Appointee to the Utility Advisory Committee.

C. Appointment to the Historic Resources Advisory Committee

-_( 1!'~_1!'?!.~~.<!1:1.1!'-cl!l.~~cl_- ~l1~5:lf. ?_,_ ~9~?)_---------------------------------------------------------- )_ ?_-_! ?. -Approved the appointment of Reverend Dr. Kyle C. Gibson to the Citizen at Large position on the Historic Resources Advisory Committee.

D. Approval of Bid Award and Sample Agreement for IRC Bid # 2007039 Upgrades & Generators for IRCDUS Lift Station Numbers 68 & 69 Bent Pine/Utilities Department

__ ( 1!'~~?!.~~.<!1:1.1!' _ cl!i.~~cl. _ ~li!~h. ?_,_ ~9~?) ___________________________________________________________ )_ ?_-} ~- _ Approved bid award to T.L.C. Diversified, Inc. in the amount of $448,688.00

E. Final Payment to J & H Waterstop, Inc. for Lift Station 166 Rehabilitation UCP#2866

__ (1!'~~?!.~~-cl~.l!' _ cl!i.~ecl __ !'.: e~~-~1}'- ?-..?, _ ?!!9.?) ______________________________________________________ -~1.} ?. _ Approved final payment to J & H Waterstop, Inc. in the amount of $38,000.

F. CR 512, I-95 to Roseland Road- IRC Project No. 9611, Addendum #8, Task A, Request for Final Release of Retainage

__ (l!'~.l!'?!.~n.<!~.l!' .cl!l.~~cl. _ ~li!.C.lf. ~\ ~9~?)_ ___________________________________________________________ 3 ?.-_4 ? __ Approved releasing the retainage for Addendum No. 8 - Task A in the amount of $1,593.90.

G. United Indian River Packers, LLC Request for Release of an Easement at 4310 771

h Street (Hobart Estates Unit I) __ (l!'~~?!.~~-cl~.l!'.cl!l.~~cl .. !:~~~!l:I}'_~?,_?!!9.?) ______________________________________________________ :'!?.-_~~-Approved Resolution #2007-022.

March 13, 2007 Page 2 of II

87

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


Honorable Emergency Services District Board of Commissioners

Joseph A Baird, County Administrator

John Kirig, Director of Emergency Services/Fire Chief ~ ~ Rachel Ivey, Staff Assistant N iii) January 2, 2008

Approval of Modification #2 to Grant Agreement 06-DS-3W -10-40-01-277

On October 4, 2005, the Board of County Commissioners accepted the 2005/2006 Emergency Management federally funded Homeland Security Sub grant Agreement in the amount of $39,511.00. The funding associated with this agreement was allocated for planning, training, and exercises for the Department of Homeland Security requirements. Staff planned and executed training for Indian River County to become compliant with the National Incident Management System (NIMS).

The costs associated with the NIMS training resulted in a cost of $12,500, thus leaving a balance of $27,011 in grant funds. The Florida Department of Community Affairs, Division of Emergency Management is recommended the above referenced agreement be extended to December 31, 2007, in the amount of $2 7,0 II for further training. The Board of County Commissioners approved the extension on May 22, 2007.

The recommended training could not be completed in a timely manner in accordance with Modification# I of the grant agreement due to moving into the new Emergency Operations Center. The State has agreed to extend the grant through Modification #2 in order to fulfill the training recommendations for the grant.

RECOMMENDATION:

Staff recommends approval of the modification to the Federally Funded Sub grant Agreement (06-DS-3W -10-40-01-277) between Indian River County Emergency Management and the Florida Department of Community Affairs, Division of Emergency Management.

ATTACHMENTS:

I. Four (4) Original Copies of Modification #2 to Agreement #06-DS-3W-10-40-0!-277

APPROVED FOR AGENDA Indian River Co. A,..... .. .. Adlllin. ~

~ 1/;v Jdr

Co. Attatnev !.J. k7-a~ B11daet ( ~ t/ 'i/lfl '""· Ail ;/ I·J·or

RiskM11.r. v I

Geaeral Svcs.

Purcha~ing

88

Contract Number: CFDA Number:

06-DS-3W-1 0-40-01-277 97.067

MODIFICATION #2 TO GRANT AGREEMENT

This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and the Indian River County ("the Recipient) to reinstate and to modify the Division's Contract Number 06-DS-3W-10-40-01-277, dated November 22, 2005, ('the agreement").

WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a sub grant of $39,511 to Recipient; and

WHEREAS, the Agreement expires on December 31, 2007; and

WHEREAS, the Division and the Recipient desire to reinstate the Agreement and to modify the Agreement by extending it.

NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows:

herein.

1. The Agreement is hereby reinstated as though it had not expired.

2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of March 31, 2007. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contract. Any requests received after April 30, 2008 may, in the discretion of the Division, not be reimbursed from this Agreement.

3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement.

4. All provisions of the Agreement being modified and any attachments thereto in conflict with this ModificatiOn shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out

RECIPIENT: INDIAN RIVER COUNTY

BY:

NAME & TITLE: _ _,S"'a,n,d"'ra"-"'L.'-'B""o"'w"'d"'e"'n"-"'C"'h"'a,_irm"""a!.!.n ______________ _

DATE:-----------------------------------------------------

STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

BY: ------------------------------------------------NAME & TITLE: __ __:W!!..!!..... ,.c"'ra...,iq>L!..F-"u,.,qat""'e"-, D!o!!!.ire,.,ct"""orwo"'f-'th"'e"""'D"'iv"'is,.,io"'n!..:o""f-'E='m"'e"'ro"""e""ncy""-'M-""'an"'a"'g"'e""m"'e""'nt

DATE:--------------------------------------------------

89

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Department of General Services

Consent Agenda 7 J<

Date: Jan nary 9, 2008

To: The Honorable Board of County Commissioners

Thru: Joseph A. Baird, County Administrator

From: Thomas W. Frame, General Services Director -~ tJ ·~

Subject: Acceptance Change Order No. 35 for the Administration Building

BACKGROUND: Attached to this transmittal memo is a copy proposed Change Order Number 35. The change order makes no change to Guaranteed Maximum Price, but it does authorize the release of funds which had been set aside in the initial GMP as an allowance for brick pavers. At the same time it authorizes work which was necessary to obtain the certificate of occupancy and to make repairs to the temporary parking areas that we had been using west of the current site.

Once these expenditures have been accounted, there remains a balance of $9,248 which is then moved into the owner's contingency. This action would increase the owner's contingency to a new balance of $46,194.

RECOMMENDATION: Staff recommends that the Board approve Change Order # 35 and authorize the Chairman to execute the attached Change Order.

Approved Agenda Item

Indian River County Ap_proved Date Administration { J(:l) 1/J tD County Attorney l.rt. '/,/~, ~ Budget I , IV' I(C Department -<~ { _c; 'a'

"<! F: General Services\Tom\Agenda Iterns\2008\01 JAN\Change Order 35.doc

~ p.

90

REPLACEMENT PAGE# 91 BACK-UP -ITEM 7K

JANUARY 15, 2008

Document G701™- 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 035

New County Administration Building DATE: January 15, 2008 Lying Between the Main Relief Canal to the North, the Lateral D Canal on the Sounth and East and 20th A venue to the West

TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 2102

OWNER: !8]

ARCHITECT: !8]

CONTRACTOR: !81

FIELD: 0 OTHER: 0

Tumer Construction Company 800 N. Magnolia Avenue Orlando, Florida 32803

CONTRACT DATE: (Amendment # 2) August 23, 2005

CONTRACT FOR: Guaranteed Maximum Price -Construction Manager at Risk

THE CONTRACT IS CHANGED AS FOLLOWS: (Include, wlrere applicable, any undispllled amount attributable to previously execllled Constmction Change Directives) COR 116 Description Amount PCO No. 032 Item 001

002 003 004

005 010

Release Hold Allowance for Brick Pavers and Sidewalks Remove Temporary Sidewalks, add fill and sod replacement Remove Existing Pedestian Ramp/Curb cut & repalce with new curb Fumish and install Detectable Waming Stripsat Bldg.s l & 2 Total area of approximately 280 sq. ft. Provide decorative stone flumes at base of open downspouts Increase Owners Contingency - Paver Allowance Adjustment

$23,778 ($4,553) ($ 477)

($7,000) ($2,500) $9,248

The above actions will not change the GMP, but will increase the Owner's Contingency by $9,248.

The original Guaranteed Maximum Price was The net change by previously authorized Change Orders The Guaranteed Maximum Price prior to this Change Order was

$ $ $ $ $

33,086,442.00 (5,263,677 .00) 27,822,765.00

0 The Guaranteed Maximum Price will be changed by thi s Change Order in the amount of The new Guaranteed Maximum Price including this Change Order will be 27,822,765.00

The Contract Time wi ll be increased by zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is August 3, 2007.

NOTE: This Change Order docs not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been au thorized by Construction Change Directive unti l the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

Donadio & Associates, Architects, P.A.

ARCHITECT (Finn name)

609 17th Street, Vero Beach, Florida 32960 ADDRESS

BY (Signature)

Anthony Donadio (Typed name)

DATE

Tumer Construction Company

CONTRACTOR (Finn name)

800 N. Magnolia Avenue, Orlando, FL 32803 ADDRESS

BY (Signature)

Louis Fiore (Typed name)

DATE

Indian River County Board of County Commissioners OWNER (Firm name)

1801 27th Street, Vero Beach,Fiorida 32960 ADDRESS

BY (Signature)

Sandra L. Bowden, Chairman (Typed name)

DATE

AlA Document 0701 TM- 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserve~. WARNING: Thl5 AlA'' Docwnenl is prolecled l)y U.S. Copyright l aw and International Treaties. llnaulhorlzed reproduction or dlslrlbulion of this AfA' Documenl, or any 1 ponion of It, mny resull in severe civil and crimin~l penallies, and wi ll be prosecuted to lhe maximum ex ten I possible under the law. This documenl was produced by AlA software at 13: 13:44 on 0111012008 under Order No. I 0003t3134_1 which expires on 7124/2008, and is not for resale. User Noles: (16593439)

Tumer December 13, 2007

Mr. Tom Frame Director of General Services Indian River County Administration Complex 2625 19th Avenue Vera Beach, FL 32960

RE: IRC New Admin Building 2625 19th Avenue Vero Beach, Florida 32960 Project#: 11531

·Change Order Request Number COR-116 Scope Change

Dear Mr. Frame,

We have finalized gathering all the required quotations for PCO 032 for the following extra work: Brick Paver Allowance Adjustment We have verified that all extra work items are in compliance with our Contract Agreement. The following is a detailed itemization of all extra costs: '

PCONo Item No Description Amount Contractor 032 005 Provide Decorative Stone Flumes (approximately $2,500. COBCON

1" stone) at base of open downspouts (7 each); five at South Side of Building 1 and two at East Side of Building 2 as directed by Turner Superintendent. ·

032 001 Release Hold Allowance for Brick Pavers and ($23,778.) COB CON Sidewalks

032 010 Increase Owner Contingency--Paver Allowance $9,248. INDRIV Adjustment

032 002 Remove temporary and remaining sidewalks at $4,553. GULCON Northwest Corner of 2oth Avenue and 26th Street Intersection. Includes import replacement fill and Bahhia Sod. Ramped Curb Cut at 26th Street up to control joint to remain in place.

032 004 Furnish and Install Detectable Warning Strips $7,000. COBCON made from 4" x 8" Hanson Red Pavers with Detectable Truncated Domes in 4 areas constructed with pavers: At North Entrance of Building 1 Traffic Circle, Walkway from Building 2 Entance to Building 1 Sidewalk (one at each side af road), and at paved sidewalk to Existing Health Department Building. Total Area is approximately 280 square feet. Includes removal and disposal of existing pavers and includes soldier courses of existing pavers around the detectable pavers. Includes clean up, barricades, and traffic control.

032 003 Remove Existing Pedestrian Ramp Curb Cut and $477. COBCON adjacent Sidewalk at northwest corner of intersection at 19th Ave and 26th Street and replace wtth new curb to match existing. Includes clean up and haul off of demolished debris.

Total Change to the GMP: $0.00

92

Please return one (1) signed copy of this letter indicating your authorization to process this Change Order Request which does not change our Contract Amount Following final approval of the actual Change Order by the Board of County Commissioners, the Owner's Contingency will be increased by Nine Thousand Two Hundred Forty Eight Dollars ($9,248.). All Subcontract Change Orders have been issued.

If you have any questions regarding this Change Order Request, please call me at your earliest convenience.

Source of Funding: --------------

. Approved By: ~W~.A, «A Tom Frame-Director oeneral ServiceS

Date:----'+JI-'g'+J--""o4~_ (7

cc: COR-116, PC0-032, Cost, Purchasing, Accounting, Donadio, Tom Frame

93

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Direc,tk__..70'"~

Christopher J. Kafer, Jr.,P.E., County Enginee'C)/

Amendment No. 7 to the Professional Services Agreement with Carter Associates, Inc. 66th Avenue Paving Improvements (4th Street to SR 60) IRC Project No. 9810

January 9, 2008


Indian River County entered into a Professional Services Agreement with Carter Associates, Inc. on November 17, 1998 and approved Amendment No. 1 through Amendment No. 6 for additional serv1ces.

Additional services are now required in order to prepare a formal report for the alignment of 66th Avenue from 4th Street to SR 60. The purpose of this report is for use in any Right of Way acquisition that may result in litigation.

Attached is the proposal from Carter Associates, Inc. dated January 7, 2008. The proposed Lump Sum amount for this work is $2,790.00

RECOMMENDATIONS AND FUNDING

Staff recommends approval of$2,790.00 for Amendment No.7 for engineering services by Carter Associates, Inc.

Funding is budgeted and available from Account Numbers 10215241-066510-06021 and 10215341-066510-02031.

F:\Engineering\Capital Projects\9810-66th Ave, 4th St to SR 60\9810 BCC Agn-Amend 7 01-09-08-cjk.doc

IL

94

PAGE TWO BCC Agenda Item from Christopher J. Kafer, Jr., P.E. January 9, 2008

ATTACHMENTS

1. Amendment No. 7 to the Professional Engineering Services Agreement for 66th Avenue Paving and Drainage hnprovements between 4th Street and SR 60- IRC Project #9810

2. Proposal from Carter Associates, Inc. dated January 7, 2008.

DISTRlBUTION

1) Jason Brown, Director, Office of Management & Budget 2) Carter Associates, Inc.


Indian River Conn

Administration

Bud et

Leal

Risk Mana ement

Public Works

Engineering

F:\Engineering\Capital Projects\9810-66th Ave, 4th St to SR 60\9810 BCC Agn-Amend 7 01-09-08-cjk.doc

95

AMENDMENT NO. 7 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT

66TH AVENUE PAVING AND DRAINAGE IMPROVEMENTS BETWEEN SR 60 AND 4TH STREET IRC PROJECT NO. 9810

TillS is an amendment to the existing AGREEMENT dated NOVEMBER 17, 1998, including

AMENDMENTS NUMBER 1 through 6, between CARTER ASSOCIATES, INC. (ENGINEER) and

INDIAN RIVER COUNTY (COUNTY). The proposed scope of work includes preparation of a formal

report for the alignment of 66th Avenue. All provisions of the original Professional Engineering Services

Agreement including Amendment Nos. 1 through 6 shall remain in full force and effect, unless otherwise

specifically modified. This amendment addresses changes in "TIME OF COMPLETION'' of the

AGREEMENT.

SCOPE OF SERVICES

See attached letter from Carter Associates, Inc. dated January 7, 2008, which specifies changes in the

"SCOPE OF SERVICES" and "COMPENSATION."

COMPENSATION

This section of the AGREEMENT entitled SECTION V- COMPENSATION shall be revised in

response to the Scope modifications set out herein. The charges associated with this AMENDMENT NO. 6

are as follows:

Fees for Engineering Services:·$ 2,790.00

The charges associated with the AGREEMENT (which include changes from Amendments I through 6 and

these additional services included in proposed Amendment 6), shall be increased from $410,355.00 to

$413,145.00.

The AGREEMENT is hereby amended as specifically set forth herein. All sections of the

AGREEMENT shall remain in full force and effect, and are incorporated herein. This Amendment No. 7 to

the AGREEMENT, regardless of where executed, shall be governed by and construed by the laws of the

State of Florida.

C:\Documents and Settings\SeanM\Local Settings\Temporary Internet Files\OLK.I\981 0 Amendment 7 .doc

1

96

TIME OF COMPLETION

Carter Associates, Inc. shall have 30 calendar days from their receipt of a written Notice to Proceed to

submit report for review and 15 calendar days additional to submit final report.

In WITNESS whereof the parties have executed the Amendment this ___ Day of

___ ,2008.

Witnessed by:

INDIAN RNER COUNTY, FLORIDA

Sandra L. Bowden, Chairman Board of County Commissioners

Approved by BCC. _______ _

Attest: J e:ffrey K. Barton, Clerk of Circuit Court

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

Deputy Clerk

at or

C:\Documents and Settings\SeanM\Local Settings\Temporary Internet Files\OLKl \9810 Amendment 7 .doc

2

97

CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS

1708 21Sf STREET \'ERO BEr\CH, FLORIDA :32960-34 72 772-562·4-IHI 772-5(;2.-7180 I FAX)

January 7, 2008

Mr. Christopher I. Kafer, Jr., P.E., County Engineer Indian River County Engineering Division 1801 271

h Street Vero Beach, FL 32960

Re 66" Avenue Roadway Improvements (4'' Street to State Road 60) Amendment No. 7- Professional Services Agreement IRC Project No. 9810 (CAl Job# 98-23E)

Dear Chris:

MAH\'1;-.1 E. CARTEH, P.S.i\1. J)EAN E LL1'::TIIJE, P.E. <1'1,,. "c. .101-I."\' H. BLL.'M. !~E. FR·\,''i'K S. CUCCUHESE, l~S.:'tl.

DA\'!I) E. LUETH.JE, 1~5.1\1.

G. SEAN MCGUIRE. P.E. GEORGE SI,\IONS. I'! E. STEVE SNOBERGEH. I~ 1::. 1".<\TRJC'.K S. \ .. 'AJ.THEH. P.f:..

We are pleased to present this. proposed amendment for additional services relative to providing a right-ofway alignment study (S.C.A.L.E. report). All provisions of the original Professional Engineering Services Agreement (dated November 17, 1998), including Amendment Nos. I through 6, shall remain in full force and effect, unless otherwise specifically modified herein. A man-hour fee estimate is attached as Exhibit "A" for your use. The following describes our proposed scope of services and terms of agreement between Carter Associates, Inc. (CAl) and Indian River County (COUNTY):

Right-of-Way Alignment Study: CAl will provide a certified letter addressing the design criteria utilized to select the proposed roadway alignment to assist and support the County in their efforts through negotiation or condemoation to acquire the necessary right-of-way. The report will include the following criteria: safety considerations, cost, alternate alignments, long range transportation plan, and environmental concerns. The report will describe the options that were considered during the design development and the existing physical constraints that dictated the selected alignment.

Compensation: Amendment No. 7 fees will be invoiced on a percent complete lump sum basis. The total amount to be billed under Amendment No.7 shall not exceed $2,790.00 unless authorized by an additional written agreement

Please call on me should you have any further questions or concerns.

Sincerely,

Patrick S. Walther, P.E. Project Manager

Attachments- Exhibit "A" (man-hour fee estimate)

_ FDA:I. _ _5.<'t:':"1S_Figtic In y Since 1911

Indian River County 66th A venue Roadway Improvements Addendum No.7 (SCALE report) Fee Estimate (rate schedule as per CAl continuing services agreement with JRC) 1/7/2008

$140.00 $125.00 $110.00 Eng. T,Pnn. Eng. J. P.E. En_g, n, P.E.

SCALE Report Dean Patrick Sean Draft Reoort - 4 12 Coord/Meetinp;s/Incidentals/Printing 2 2 4

Exhibit nAn

$85.00 $75.00 $40.00 Eng. Tfi,E.I. CADD Tech Clerical Subtotal

Ben Domenic Trisha - I 820.00

970.00 Total- $2!790.00

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Jason E. Brow Director, Office of ent & Budget

January 9, 2008

Miscellaneous Budget Amendment 004

Descriptions and Conditions

The attached budget amendment appropriates funding necessary for the following:

71'1 Consent Agenda

1. The Board of Commissioners has approved Cost of Living Adjustments (COLA's) and salary adjustments for the non-union employees for the current fiscal year. The attached entry appropriates funding for the adjustments.

2. On November 6, 2007 the Board of County Commissioners approved a budget amendment for the Indian River County Sheriff in the amount of $435,729. The purpose of the budget amendment was to set aside $435,729 of excess funds due back to the Board of County Commissioners for the purchase of 21 police vehicles that were received after the end of the 2006/07 fiscal year. The attached entry appropriates these excess fees in the 2007/08 fiscal year in the amount of $435,729.

3. The Florida Department of Transportation has awarded additional funding for the Fellsmere Road Sidewalk/Bikepath to bring the total award equal to the construction contract amount. The attached entry appropriates these additional funds in the Optional Sales Tax Fund.

4. · On September 18, 2007 the Board of County Commissioners approved a cost sharing agreement with the St. Johns River Water Management District (SJRWMD) for the repair/plugging of abandoned artesian wells. The approved agreement states each party will contribute $20,000 per year for the next three years. The attached entry appropriates the County's 2007/08 fiscal year contribution in the amount of $20,000 from M.S.T.U. Fund contingency.

5. The Board of Commissioners received an additional payment from the State Criminal Alien Assistance Program (SCAAP) in the amount of $11,002 during the 2006/07 fiscal year. This program provides funding to participating jurisdictions for the partial reimbursement of costs incurred by incarcerating undocumented criminal aliens in their correctional facilities. The attached entry appropriates rolls these additional funds forward to the 2007/08 fiscal year ..

6. On October 23, 2007 the Board of County Commissioners approved change order no.1 for the Gifford Park security house to allow for a security fence to be constructed adjacent to the security house. The attached entry appropriates funding from optional Sales Tax contingency in the amount of $6,290 as approved.

7. Computer Services needs to purchase an additional internet server. The attached entry appropriates funding from General Fund contingency in the amount of $12,000.

F:\Budgei\Jason\budget amendments 2007081004 mise ba.doc

100

Board of County Commissioners January, 2008 Page 2 of 2

8. The Indian River Board of County Commissioners received a check last fiscal year from the National Shooting Sports Foundation, Inc. in the amount of $3,750 to be used towards advertising for the Firs Shots pilot program. The attached entry appropriates these funds 'in the Shooting Range Fund from cash forward.

9. On December 18, 2007 the Board of County Commissioners approved grant agreement 071R2 with the Florida Department of Environmental Protection (FDEP). This grant awards $685,216 for the design and permitting of the Sector 3 (Wabasso) beach restoration project and $450,000 for emergency dune restoration at the Wabasso Beach Park, Baytree, Marbrisa, and Sea Grape Trail Beach Park. The attached entry appropriates these funds in the Beach Restoration Fund for the total award amount of $1,135,216.

10. On November 6, 2007 the Board of County Commissioners awarded funding to the West Wabasso Civic Progressive League for funding Meals on Wheels for the West Wabasso and Fellsmere areas. The awarded amount includes funding for a delivery vehicle and 9 months of operating expenses for this service. The attached entry appropriates funding from General Fund contingency in the amount of $63,143 as approved.

11. Indian River County libraries have received donations totaling $7,331. The attached entry appropriates these donations.

12. Indian River County has been awarded additional funding from FEMA for Sectors 1 & 2 beach restoration as a result of damages caused by the hurricanes of 2004. The attached entry appropriates funding in the amount of $5,286,009 in the Beach Restoration Fund with $5,021,709 coming from FEMA and $264,300 from cash forward.

13. On January 8 2008 the Board of County Commissioners approved bid award to Aqua Waste Repairs for the demolition and removal of condemned structures at 4246 281

h Avenue and 8960 441

h Avenue. The attached entry appropriates funding in the amount of $7,500 from M.S.T.U. Fund contingency for the demolition and removal of this structure.

14. The Florida Department of Environmental Protection has issued Contract No 071R3 to commit state funds for continued permit required biological and physical monitoring the Sectors 1 &2 beach restoration project. The attached entry appropriates funding in the amount of $277,486 with state share of $129,447 and cash forward of $148,039.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2007/08 budget.

Attachments Budget Resolution

Indian River County A!ll oved Date

Administrator .• ~ ;;> It() lot APPROVED AGENDA ITEM:

Legal II\; It Jf__ J/0 ~'21> Budget . ( t}q ()jS Department }

FOR: January 15, 2008 Risk Management

F:\Budget\Jason\budget amendments 200708\004 mise ba.doc·

1 01

RESOLUTION NO. 2008-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2007-2008 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2007-2008 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 2007-2008 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 2007-2008 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 Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler

The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2008.

Attest: J. K. Barton, Clerk

By __ ~-~~~-Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By __ ~~~~--~~-Sandra L. Bowden, Chairman

APPROVED AS TO FORM AND LE9';L SUFFICIENCY

F:\Budget\Jason\budget amendments 200708\budget amendment resolution. doc 102

Resolution No. 2008-

CP.~ ' K~ Budget Amendment: 004 Budget Office Approval: • '/7

";}ibit "A"

Jason E.B fown, BudgetDirector

Entry Fund/ Departh>lelit! Account Number Increase Decrease

Number Account Name

1. Expenses

General Fund/ BCC/ Executive 00110111-011110 $8,190 $0

Salaries General Fund/ BCC/ Regular

00110111-011120 $3,356 $0 Salaries

General Fund/ BCC/ Social Security 00110111-012110 $719 $0

General Fund/ BCC/ Retirement 00110111-012120 $1,728 $0

General Fund/ BCC/Insurance Life & 00110111-012130 $49 $0

Health General Fund/ BCC/ Worker's

00110111-012140 $43 $0 Compensation

General Fund/ BCC/ Medicare 00110111-012170 $168 $0

General Fund/ County Attorney/ 00110214-011120 $27,016 $0

Regular Salaries General Fund/ County Attorney/

00110214-012110 $1,672 $0 Social Security General Fund/ County Attorney/

00110214-012120 $2,969 $0 Retirement General Fund/ County Attorney/

00110214-012130 $112 $0 Insurance Life & Health General Fund/ County Attorney/

00110214-012140 $79 $0 Worker's Compensation General Fund/ County Attorney/

00110214-012170 $391 $0 Medicare General Fund/ Main Library/ Regular

00110971-011120 $32,051 $0 Salaries General Fund/ Main Library/ Other

00110971-011130 $5,008 $0 Salaries & Wages General Fund/ Main Library/

00110971-011190 $676 $0 Budgeted Temporary General Fund/ Main Library/ Social

00110971-012100 $2,341 $0 Security General Fund/ Main Library/

00110971-012120 $3,735 $0 Retirement General Fund/ Main Library/

00110971-012130 $158 $0 Insurance Life & Health General Fund/ Main Library/

00110971-012140 $146 $0 Worker's Compensation General Fund/ Main Library/

00110971-012170 $546 $0 Medicare

F:\Budget\Jason\Budge!Amendments0708\BA 004 1/9/2008 1 0 3

a E~~ibit "A"

Resolution No. 2008- _r~. Budget Office Approval: ::'--:::-::_· v J y Budget Amendment: 004

Jason F· Bn~n, Budget15lrector

Entry Fund/ DepartrMM11 Account Number Increase Decrease

Number Account Name General Fund/ North County Library/

00111271-011120 $16,056 $0 Regular Salaries General Fund/ North County Library/

00111271-011130 $1,368 $0 Other Salaries & Wages General Fund/ North County Library/

00111271-011190 $542 $0 Budgeted Temporary_ General Fund/ North County Library/

00111271-012110 $1 '113 $0 Social Security General Fund/ North County Library/

00111271-012120 $1,755 $0 Retirement General Fund/ North County Library/

00111271-012130 $75 $0. Insurance Life & Health General Fund/ North County Library/

00111271-012140 $69 $0 Worker's Compensation General Fund/ North County Library/

00111271-012170 $259 $0 Medicare General Fund/ Soil/Water/Regular

00111837-011120 $2,085 $0 Salaries General Fund/ Soil/Water/ Social

00111837-012110 $130 $0 Security General Fund/ Soil/Water/

00111837-012120 $210 $0 Retirement General Fund/ Soil/Water/Insurance

00111837-012130 $8 $0 Life & Health General Fund/ Soil/Water/ Worker's

00111837-012140 $8 $0 Compensation

General Fund/ Soil/Water/ Medicare 0011837-012170 $30 $0

General Fund/ Law Library/ Regular 00111914-011120 $1,591 $0

Salaries General Fund/ Law Library/ Social

00111914-012110 $99 $0 Security General Fund/ Law Library/

00111941-012120 $160 $0 Retirement General Fund/ Law Library/

00111941-012130 $7 $0 Insurance Life & Health General Fund/ Law Library/ Worker's

00111941-012140 $6 $0 Compensation

General Fund/ Law Library/ Medicare 00111941-012170 $23 $0

General Fund/County Administrator/ 00120112-011120 $25,284 $0

Regular Salaries General Fund/ County Administrator/

00120112-012110 $1,567 $0 Social Security


E h"b"t "A" :>J~ Resolution No. 2008- ~ 1., Budget Office Approval: "'--c_',VY Budget Amendment: 004

Jaso E. E own, Budget Director )

Entry Fund/ Depai'trtlent/ Account Number Increase Decrease

Number Account Name General Fund/County Administrator/

00120112-012120 $3,312 $0 Retirement General Fund/County Administrator/

00120112-012130 $107 $0 Insurance Life & Health General Fund/County Administrator/

00120112-012140 $95 $0 Worker's Compensation General Fund/County Administrator/

00120112-012170 $367 $0 Medicare General Fund/ General Services/

00120213-011120 $4,441 $0 Regular Salaries General Fund/ General Services/

00120213-012110 $275 $0 Social Security General Fund/ General Services/

00120213-012120 $486 $0 Retirement General Fund/ General Services/

00120213-012130 $19 $0 1 nsurance Life & Health General Fund/ General Services/

00120213-012140 $17 $0 Worker's Compensation General Fund/ General Services/

00120213-012170 $64 $0 Medicare General Fund/ Human Resources/

00120313-011120 $10,156 $0 Regular Salaries General Fund/ Human Resources/

00120313-012110 $629 $0 Social Security General Fund/ Human Resources/

00120313-012120 $1,037 $0 Retirement General Fund/ Human Resources/

00120313-012130 $44 $0 Insurance Life & Health General Fund/ Human Resources/

00120313-012140 $38 $0 Worker's Compensation General Fund/ Human Resources/

00120313-012170 $148 $0 Medicare General Fund/ Veterans Services/

00120653-011120 $4,627 $0 Regular Salaries General Fund/ Veterans Services/

00120653-012110 $287 $0 Social Security General Fund/ Veterans Services/

00120653-012120 $466 $0 Retirement General Fund/ Veterans Services/

00120653-012130 $20 $0 Insurance Life & Health General Fund/ Veterans Services/

00120653-012140 $17 $0 Worker's Compensation General Fund/ Veterans Services/

00120653-012170 $67 $0 Medicare

F:\Budget\Jason\BudgetAmendments0708\BA 004 /9/200 8 105

" ~~hibit "A" Resolution No. 2008- r !.---.(

Budget Office Approval: ~"---/-.-\---~:=::::.--:Jasor E. B~own, Budget Director

)

Entry Number

Fund/ Depamrl'entl Account Name

General Fund/ Emergency Mgmt./ Regular Salaries General Fund/ Emergency Mgmt./ Social Security General Fund/ Emergency Mgmt./ Retirement General Fund/ Emergency Mgmt./ Insurance Life & Health General Fund/ Emergency Mgmt./ Worker's Compensation General Fund/ Emergency Mgmt./ Medicare General Fund/ Parks/ Regular Salaries

General Fund/ Parks/ Social Security

General Fund/ Parks/ Retirement

General Fund/ Parks/Insurance Life & Health General Fund/ Parks/ Worker's Compensation

General Fund/ Parks/ Medicare

General Fund/ Human Services/ Regular Salaries General Fund/ Human Services/ Social Security General Fund/ Human Services/ Retirement General Fund/ Human Services/ Insurance Life & Health General Fund/ Human Services/ Worker's Compensation General Fund/ Human Services/ Medicare General Fund/ Ag. Extension/ Regular Salaries General Fund/ Ag. Extension/ Social Security General Fund/ Ag. Extension/ Retirement

Account Number

00120825-011120

00120825-012110

00120825-012120

00120825-012130

00120825-012140

00120825-012170

00121072-011120

00121072-012110

00121072-012120

00121072-012130

00121072-012140

00121072-012170

00121164-011120

. 00121164-012110

00121164-012120

00121164-012130

00121164-012140

00121164-012170

00121237-011120

00121237-012110

00121237-012120

Budget Amendment: 004

Increase Decrease

$7,226 $0

$448 $0

$747 $0

$31 $0

$27 $0

$104 $0 .

$13,481 $0

$836 $0

$1,358 $0

$58 $0

$453 $0

$195 $0

$2,339 $0

$144 $0

$236 $0

$10 $0

$9 $0

$34 $0

$3,937 $0

$243 $0

$398 $0

General Fund/ Ag. Extension/ 00121237-012130 L------~l~n~su~r~a~nc~e~Li~fe~&1H~e~a~lt~h ________ _j __________________ _L ________ ~----::~ 1 Q6

1/9/2008 F:\Budge!IJason\BudgetAmendments0708\BA 004

$16 $0

E I I h"b"t "A" Resolution No. 2008-

0 -C~~ Budget Amendment: 004 Budget Office Approval: Jaso E.B own, Budget Director

Entry Fund/ Depalotmen!f Account Number Increase Decrease

Number Account Name General Fund/ Ag. Extension/

00121237-012140 $16 $0 Worker's Compensation General Fund/ Ag. Extension/

00121237-012170 $57 $0 Medicare General Fund/ Youth Guidance/

00121323-011120 $2,509 $0 Regular Salaries General Fund/ Youth Guidance/

00121323-012110 $155 $0 Social Security General Fund/ Youth Guidance/

00121323-012120 $253 $0 Retirement General Fund/ Youth Guidance/

00121323-012130 $11 $0 Insurance Life & Health General Fund/ Youth Guidance/

00121323-012140 $9 $0 Worker's Compensation General Fund/ Youth Guidance!

00121323-012170 $36 $0 Medicare General Fund/ Purchasing/ Regular

00121613-011120 $4,713 $0 Salaries General Fund/ Purchasing/ Social

00121613-012110 $292 $0 Security General Fund/ Purchasing/

00121613-012120 $484 $0 Retirement General Fund/ Purchasing/ Insurance

00121613-012130 $19 $0 Life & Health General Fund/ Purchasing/ Worker's

00121613-012140 $39 $0 Compensation

General Fund/ Purchasing/ Medicare 00121613-012170 $68 $0

General Fund/ Facilities Mgmt.f 00122019-011120 $5,014 $0

Regular Salaries I General Fund/ Facilities Mgmt.f

00122019-012110 $310 $0 Social Security General Fund/ Facilities Mgmt.f

00122019-012120 $506 $0 Retirement General Fund/ Facilities Mgm!.f

00122019-012130 $21 $0 Insurance Life & Health General Fund/ Facilities Mgmt.f

00122019-012140 $88 $0 Worke~s Compensation General Fund/ Facilities Mgm!.f

00122019-012170 $73 $0 Medicare General Fund/ Mgmt. & Budge!f

00122913-011120 $7,520 $0 Regular Salaries General Fund/ Mgmt. & Budge!f

00122913-012110 $467 $0 Social Security

1/ /200 F:\Budget\Jason\BudgetAmendments0708\BA 004 9 8 1 07

I I E h"b"t "A" Resolution No. 2008- () L~ Budget Office Approval: Budget Amendment: 004

Jaso1 E.B own, Budget Director

Entry Fund/ Depal'tfr(entl Account Number Increase Decrease

Number Account Name General Fund/ Mgmt. & Budget!

00122913-012120 $758 $0 Retirement General Fund/ Mgmt. & Budget!

00122913-012130 $32 $0 Insurance Life & Health c

General Fund/ Mgmt. & Budget! 00122913-012140 $28 $0

Worker's Compensation General Fund/ Mgmt. & Budget!

00122913-012170 $109 $0 Medicare General Fund/ FPL Grant/ Regular

00123725-011120 $1,591 $0 Salaries General Fund/ FPL Grant! Social

00123725-012110 $99 $0 Security General Fund/ FPL Grant!

00123725-012120 $160 $0 Retirement General Fund/ FPL Grant/Insurance

00123725-012130 $7 $0 Life & Health General Fund/ FPL Grant! Worker's

00123725-012140 $6 $0 Compensation

General Fund/ FPL Grant! Medicare 00123725-012170 $23 $0

General Fund/ EM Base Grant! 00123825-011120 $1,754 $0

Regular Salaries General Fund/ EM Base Grant!

00123825-012110 $109 $0 Social Security General Fund/ EM Base Grant!

00123825-012120 $177 $0 Retirement General Fund/ EM Base Grant!

00123825-012130 $7 $0 1 nsurance Life & Health General Fund/ EM Base Grant!

00123825-0 12140 $7 $0 Worker's Compensation General Fund/ EM Base Grant!

00123825-012170 $25 $0 Medicare General Fund/ EM Base Grant!

00124113-011120 $10,183 $0 Regular Salaries General Fund/ Computer Service/

00124113-012110 $632 $0 Social Security General Fund/ Computer Service/

00124113-012120 $1,026 $0 Retirement General Fund/ Computer Service/

00124113-012130 $43 $0 Insurance Life & Health General Fund/ Computer Service/

00124113-012140 $39 $0 Worker's Compensation General Fund/ Computer Service/

00124113-012170 $147 $0 Medicare •



0~ Budget Office Approval: • Budget Amendment: 004 Jaso~ E. B lbwn, Budget Director

) Entry Fund/ Department/

Account Number Increase Decrease Number Account Name

General Fund/ Animal Control/ 00125062-011120 $7,496 $0

Regular Salaries General Fund/ Animal Control/ Social

00125062-012110 $466 $0 Security General Fund/ Animal Control/

00125062-012120 $755 $0 Retirement General Fund/ Animal Control/

00125062-012130 $32 $0 1 nsurance Life & Health General Fund/ Animal Control/

00125062-012140 $121 $0 Worker's Compensation General Fund/ Animal Control/

00125062-012170 $109 $0 Medicare General Fund/ Mailroom/ Regular

00125119-011120 $1,746 $0 Salaries General Fund/ Mailroom/ Other

00125119-011130 $879 $0 Salaries & Wages General Fund/ Mailroom/ Social

00125119-012110 $163 $0 Security

General Fund/ Mailroom/ Retirement 00125119-012120 $275 $0

General Fund/ Mailroom/ Insurance 00125119-012130 $11 $0

Life & Health General Fund/ Mailroom/ Worker's

00125119-012140 $9 $0 Compensation

General Fund/ Mailroom/ Medicare 00125119-012170 $38 $0

General Fund/ Reserves/ Reserve 00119981-099910 $0 $254,369

for Contingency MSTU Fund/ North Cty. Aquatic Ctr./

00410472-011120 $5,203 $0 Regular Salaries MSTU Fund/ North Cty. Aquatic Ctr.l

00410472-011130 $956 $0 Other Salaries & Wages MSTU Fund/ North Cty. Aquatic Ctr./

00410472-011190 $290 $0 Budgeted Temporary MSTU Fund/ North Cty. Aquatic Ctr./

00410472-012110 $399 $0 Social Security MSTU Fund/ North Cty. Aquatic Ctr./

00410472-012120 $621 $0 Retirement MSTU Fund/ North Cty. Aquatic Ctr./

00410472-012130 $25 $0 Insurance Life & Health MSTU Fund/ North Cty. Aquatic Ctr./

00410472-012140 $165 $0 Worker's Compensation MSTU Fund/ North Cty. Aquatic Ctr./

00410472-012170 $94 $0 Medicare

F:\Budget\Jason\BudgetAmendments0708\BA 004 1/9/ 08 1 0 9 20

EX]~ibit "A" Resolution No. 2008-

0~-c~ Budget Office Approval: Budget Amendment: 004 Jason f=. Br wn. Budget Director

Entry Fund/ Departrtre!"ntl Account Number Increase Decrease

Number Account Name MSTU Fund/ Gifford Aquatic Ctr./

00410572-011120 $2,688 $0 Regular Salaries MSTU Fund/ Gifford Aquatic Ctr./

00410572-011130 $832 $0 Other Salaries & Wages MSTU Fund/ Gifford Aquatic Ctr./

00410572-011190 $215 $0 Budgeted Temporary MSTU Fund/ Gifford Aquatic Ctr./

00410572-012110 $233 $0 Social Security MSTU Fund/ Gifford Aquatic Ctr./

00410572-012120 $356 $0 Retirement MSTU Fund/ Gifford Aquatic Ctr./

00410572-012130 $15 $0 Insurance Life & Health MSTU Fund/ Gifford Aquatic Ctr./

00410572-012140 $67 $0 Worker's Compensation MSTU Fund/ Gifford Aquatic Ctr./

00410572-012170 $54 $0 Medicare MSTU Fund/ Recreation/ Regular

0041 0872-011120 $16,515 $0 Salaries MSTU Fund/ Recreation/ Other

00410872-011130 $2,034 $0 Salaries & Wages MSTU Fund/ Recreation/ Budgeted

0041 0872-011190 $4,276 $0 Temporary MSTU Fund/ Recreation/ Social

00410872-012110 $1.427 $0 Security

MSTU Fund/ Recreation/ Retirement 00410872-012120 $1,871 $0

MSTU Fund/ Recreation/Insurance 00410872-012130 $76 $0

Life & Health MSTU Fund/ Recreation/ Worker's

00410872-012140 $481 $0 Compensation

MSTU Fund/ Recreation/ Medicare 00410872-012170 $318 $0

MSTU Fund/ Ocean Rescue/ Regular 00411672-011120 $2.486 $0

Salaries MSTU Fund/ Ocean Rescue/

00411672-011190 $87 $0 Budgeted Temporary MSTU Fund/ Ocean Rescue/ Social

00411672-012110 $161 $0 Security MSTU Fund/ Ocean Rescue/

00411672-012120 $251 $0 Retirement MSTU Fund/ Ocean Rescue/

00411672-012130 $10 $0 Insurance Life & Health MSTU Fund/ Ocean Rescue/

00411672-012140 $58 $0 Worker's Compensation

F:\Budget\Jason\BudgetAmendments0708\BA 004 1/9/2008 11 0


El hibit "A"

0~~~-r. Budget Office Approval: __:C'!._--1:./ r:-;;+--:--;:;:-.z':o:-;:;;:=:;:::

Jaso E. Brpwn, Budget Director )

Entry Fund/ Depa i'm'rent/ Number Account Name

MSTU Fund/ Ocean Rescue/ Medicare MSTU Fund/ Comm. Development/ Regular Salaries MSTU Fund/ Comm. Development/ Social Security MSTU Fund/ Comm. Development/ Retirement MSTU Fund/ Comm. Development/ Insurance Life & Health MSTU Fund/ Comm. Development/ Worker's Compensation MSTU Fund/ Comm. Development/ Medicare MSTU Fund/ Planning/ Regular Salaries MSTU Fund/ Planning/ Budgeted Temporary MSTU Fund/ Planning/ Social Security

MSTU Fund/ Planning/ Retirement

MSTU Fund/ Planning/ Insurance Life & Health MSTU Fund/ Planning/ Worker's Compensation

MSTU Fund/ Planning/ Medicare

MSTU Fund/ Code Enforcement/ Regular Salaries MSTU Fund/ Code Enforcement/ Social Security MSTU Fund/ Code Enforcement/ Retirement MSTU Fund/ Code Enforcement/ Insurance Life & Health MSTU Fund/ Code Enforcement/ Worker's Compensation MSTU Fund/ Code Enforcement/ Medicare

MSTU Fund/ Parks/ Regular Salaries

Account Number

00411672-012170

00420415-011120

00420415-012110

00420415-012120

00420415-012130

00420415-012140

00420415-012170

00420515-011120

00420515-011190

00420515-012110

00420515-012120

00420515-012130

00420515-012140

00420515-012170

00420724-011120

00420724-012110

00420724-012120

00420724-012130

00420724-012140

00420724-012170

00421072-011120


Increase Decrease

$37 $0

$4,475 $0

$277 $0

$451 $0

$19 $0

$17 $0

$65 $0

$24,343 $0

$200 $0

$1,526 $0

$2,454 $0

$99 $0

$96 $0

$354 $0

$11 ,882 $0

$735 $0

$1,198 $0

$50 $0

$222 $0

$173 $0

$2,273 $0

MSTU Fund/ Parks/ Social Security

L_ __ _[~~~~~~----~------------~------L---:1/9~~008 1 1 1 F:\Budget\Jason\BudgetAmendments0708\BA 004

00421072-012110 $141 $0

E~ llibit "A" Resolution No. 2008- ()r~)lfx_ Budget Office Approval: 'IN{ II' - • 1/ f'" Budget Amendment: 004

Jaso E.B qown, Budget Director

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

Number Account Name

MSTU Fund/ Parks/ Retirement 00421072-012120 $229 $0

MSTU Fund/ Parks/Insurance Life & 00421072-012130 $9 $0

Health MSTU Fund/ Parks/ Worker's

00421072-012140 $9 $0 Compensation

MSTU Fund/ Parks/ Medicare 00421072-012170 $33 $0

MSTU Fund/ Telecommunications/ 00423437-011120 $2,132 $0

Regular Salaries MSTU Fund/ Telecommunications/

00423437-012110 $132 $0 Social Security MSTU Fund/ Telecommunications/

00423437-012120 $215 $0 Retirement MSTU Fund/ Telecommunications/

00423437-012130 $9 $0 Insurance Life & Health MSTU Fund/ Telecommunications/

00423437-012140 $8 $0 Worker's Compensation MSTU Fund/ Telecommunications/

00423437-012170 $31 $0 Medicare MSTU Fund/ Reserves/ Reserve for

00419981-09991 0 $0 $96,158 Contingency Impact Fees/ Comm. Development/

10320415-011120 $1,497 $0 Regular Salaries Impact Fees/ Comm. Development/

10320415-012110 $93 $0 Social Security Impact Fees/ Comm. Development/

10320415-012120 $151. $0 Retirement Impact Fees/ Comm. Development/

10320415-012130 $6 $0 1 nsurance Life & Health Impact Fees/ Comm. Development/

10320415-012140 $6 $0 Worker's Compensation Impact Fees/ Comm. Development/

10320415-012170 $22 $0 Medicare Impact Fees/ Comm. Development/

10320415-099910 $0 $1,775 Reserve for Contingency Housng Authority/Housing Authority/

10722654-011120 $3,347 $0 Regular Salaries Housing Authority/Housing Authority/

10722654-012110 $206 $0 Social Security Housing Authority/Housing Authority/

10722654-012120 $352 $0 Retirement Housing Authority/Housing Authority/

10722654-012130 $14 $0 Insurance Life & Health


Exl ibit "A" Resolution No. 2008- ~~~n~""'"- 1 ~ Budget Office Approval: _(~. ---1 /i~~v·+~---c:::-;---;'-=.:fL)=::=~

Jason (r:. Bnjwn, Budget Director

J

-Entry

Number Fund/ Deparllnefit/

Account Name Housing Authority/Housing Authority/ Worker's Compensation Housing Authority/Housing Authority/ Medicare Housing Authority/Housing Authority/ Reserve for Contingency Section 8/ Rental Assistance/ Regular Salaries Section 8/ Rental Assistance/ Social Security Section 8/ Rental Assistance/ Retirement Section 8/ Rental Assistance/ Insurance Life & Health Section 8/ Rental Assistance/ Worker's Compensation Section 8/ Rental Assistance/ Medicare Section 8/ Rental Assistance/ Reserve for Contingency Gas Tax Fund/ Road & Bridge/ Regular Salaries Gas Tax Fund/ Road & Bridge/ Social Security Gas Tax Fund/ Road & Bridge/ Retirement Gas Tax Fund/ Road & Bridge/ Insurance Life & Health Gas Tax Fund/ Road & Bridge/ Worke~s Compensation Gas Tax Fund/ Road & Bridge/ Medicare Gas Tax Fund/ Engineering/ Regular Salaries Gas Tax Fund/ Engineering/ Social . Security Gas Tax Fund/ Engineering/ Retirement Gas Tax Fund/ Engineering/ Insurance Life & Health Gas Tax Fund/ Engineering/ Worker's Compensation Gas Tax Fund/ Engineering/ Medicare

F:\Budget\Jason\Budge!Amendments0708\BA 004

Account Number

10722654-012140

10722654-012170

10722654-099910

1 0822264-011120

1 0822264-01211 0

10822264-012120

1 0822264-012130

10822264-012140

10822264-012170

1 0822264-09991 0

10921441-011120

10921441-012110

10921441-012120

10921441-012130

10921441-012140

10921441-012170

10924441-011120

10924441-012110

10924441-012120

10924441-012130

10924441-012140

10924441-012170


Increase Decrease

$13 $0

$48 $0

$0 $3,980

$3,889 $0

$239 $0

$392 $0

$17 $0

$15 $0

$57 $0

$0 $4,609

$8,512 $0

$527 $0 ..

$858 $0

$36 $0

$63 $0

$123 $0

$5,342 $0

$331 $0

$538 $0

$22 $0

$21 $0.

$78 $0

1/9/200 8 113

Resolution No. 2008- (A ~~ Budget Amendment: 004 Budget Office Approval:

~ibil "A"

Jaso~ E. Brpwn, Budget Director /

Entry Fund/ Depar!'rli'ent/ Account Number Increase Decrease

Number Account Name Gas Tax Fund/ Reserves/ Reserve

10919981-099910 $0 $16,451 for Contingency Transportation Fund/ Road & Bridge/

11121441-011120 $28,290 $0 Regular Salaries Transportation Fund/ Road & Bridge/

11121441-011190 $102 $0 Budgeted Temporary Transportation Fund/ Road & Bridge/

11121441-012110 $1,763 .$0 Social Security Transportation Fund/ Road & Bridge/

11121441-012120 $2,851 $0 Retirement Transportation Fund/ Road & Bridge/

11121441-012130 $119 $0 Insurance Life & Health Transportation Fund/ Road & Bridge/

11121441-012140 $1,221 $0 Worker's Compensation .

Transportation Fund/ Road & Bridge/ 11121441-012170 $409 $0 Medicare

Transportation Fund/ Public Works/ 11124319-011120 $20,342 $0

Regular Salaries Transportation Fund/ Public Works/

11124319-012110 $1,265 $0 Social Security Transportation Fund/ Public Works/

11124319-012120 $2,089 $0 Retirement Transportation Fund/ Public Works/

11124319-012130 $85 $0 1 nsurance Life & Health Transportation Fund/ Public Works/

11124319-012140 $110 $0 Worker's Compensation Transportation Fund/ Public Works/

11124319-012170 $295 $0 Medicare Transportation Fund/ Engineering/

11124441-011120 $43,442 $0 Regular Salaries Transportation Fund/ Engineering/

11124441-012110 $2,690 $0 Social Security Transportation Fund/ Engineering/

11124441-012120 $4,378 $0 · Retirement

Transportation Fund/ Engineering/ 11124441-012130 $184 $0 Insurance Life & Health

Transportationx Fund/ Engineering/ 11124441-012140 $437 $0

Worker's Compensation Transportation Fund/ Engineering/

11124441-012170 $630 $0 Medicare Transportation Fund/ Traffic

11124541-011120 $16,486 $0 Engineering/ Regular Salaries Transportation Fund/ Traffic

11124541-012110 $1,022 $0 Engineering/ Social Security

F:\Budget\Jason\Budge!Amendments0708\BA 004 1/9/2008 11 4

~ ~hibit' Resolution No. 2008- (A c~ Budget Office Approval: Budget Amendment: 004

'A"

Jaso E. B i):>wn, BudgerDirector

Entry Fund/ Depa~nt/ Account Number Increase Decrease

Number Account Name Transportation Fund/ Traffic

11124541-012120 $1,662 $0 Engineering/ Retirement

. Transportation Fund/ Traffic Eng./ 11124541-012130 $69 $0

Insurance Life & Health · Transportationx Fund/ Traffic Eng./

11124541-012140 $148 $0 Worker's Compensation Transportation Fund/ Traffic

11124541-012170 $239 $0 Engineering/ Medicare Transportation Fund/ Stormwater/

11128138-011120 $7,486 $0 Regular Salaries Transportation Fund/ Stormwater/

11128138-012110 $466 $0 Social Security Transportation Fund/ Stormwater/

11128138-012120 $755 $0 Retirement Transportation Fund/ Stormwater/

11128138-012130 $32 $0 Insurance Life & Health Transportationx Fund/ Stormwater/

11128138-012140 $51 $0 Worker's Compensation Transportation Fund/ Stormwater/

11128138-012170 $107 $0 Medicare Transportation Fund/ Reserves/

11119981-099910 $0 $139,225 Reserve for Contingency Emergency Services/ Fire Rescue/

11412022-011120 $28,633 $0 Regular Salaries Emergency Services/ Fire Rescue/

11412022-012110 $1,779 $0 Social Security Emergency Services/ Fire Rescue/

11412022-012120 $2,914 $0 Retirement Emergency Services/ Fire Rescue/

11412022-012130 $118 $0 Insurance Life & Health Emergency Services/ Fire Rescue/

11412022-012140 $668 $0 Worker's Compensation Emergency Services/ Fire Rescue/

11412022-012170 $415 $0 Medicare Emergency Services/ Fire Rescue/

11412022-099910 $0 $34,527 Reserve for Contingency 911 Surcharge/ Wireless/ Regular

12013225-011120 $1,036 $0 Salaries 911 Surcharge/ Wireless/ Social

12013225-012110 $65 $0 Security 911 Surcharge/ Wireless/

12013225-012120 $104 $0 Retirement 911 Surcharge/ Wireless/ Insurance

12013225-012130 $4 $0 Life & Health


I I E h"b"t "A" Resolution No. 2008- 0 r~A "' Budget Office Approval: l . ./ Budget Amendment: 004

Jaso r E. B own, Budg!!tr5irector

Entry Fund/ Dep~lctJ;Rent/ Account Number Increase Decrease

Number Account Name 911 Surcharge/ Wireless/ Worker's

12013225-012140 $4 $0 Compensation

911 Surcharge/ Wireless/ Medicare 12013225-012170 $15 $0

911 Surcharge/Comm. Center/ 12013325-011120 $1,492 $0

Regular Salaries 911 Surcharge/ Comm. Center/

12013325-012110 $92 $0 Social Security 911 Surcharge/ Comm. Center/

12013325-012120 $150 $0 Retirement 911 Surcharge/ Comm. Center/

12013325-012130 $6 $0 Insurance Life & Health 911 Surcharge/ Comm. Center/

12013325-012140 $6 $0 Worker's Compensation 911 Surcharge/ Comm. Center/

12013325-012170 $22 $0 Medicare 911 Surcharge/ Comm. Center/

12013325-099910 $0 $2,996 Reserve for Contingency

SHIP Fund/ SHIP/ Regular Salaries 12322869-011120 $1,665 $0

SHIP Fund/ SHIP/ Social Security 12322869-012110 $103 $0

SHIP Fund/ SHIP/ Retirement 12322869-012120 $168 $0

SHIP Fund/ SHIP/Insurance Life & 12322869-012130 $7 $0

Health SHIP Fund/ SHIP/ Worker's

12322869-012140 $6 $0 Compensation

SHIP Fund/ SHIP/ Medicare 12322869-012170 $25 $0

SHIP Fund/ SHIP/ Reserve for 12322869-099910 $0 $1,974

Contingency MPO Fund/ Planning/ Regular

12420415-011120 $6,336 $0 Salaries

MPO Fund/ Planning/ Social Security 12420415-012110 $393 $0

MPO Fund/ Planning/ Retirement 12420415-012120 $639 $0

MPO Fund/ Planning/Insurance Life 12420415-012130 $26 $0

& Health MPO Fund/ Planning/ Worker's

12420415-012140 $24 $0 Compensation

MPO Fund/ Planning/ Medicare 12420415-012170 $92 $0

F:\Budget\Jason\Budge!Amendments0708\BA 004 1/9/2008 11 6

Ell ibit "A" Resolution No. 2008-

~~c.~ Budget Office Approval: Budget Amendment: 004

Jaso ~E. B ifown, Budge -oJrector

Entry Fund/ Dep tl Account Number Increase Decrease

Number Account N'a'me MPO Fund/ Planning/ Reserve for

12420415-099910 $0 $7,510 Contingency Beach Restoration/ District II Regular

12814472-011120 $5,303 $0 Salaries Beach Restoration/ District II Social

12814472-012110 $329 $0 Security Beach Restoration/ District II

12814472-012120 $535 $0 Retirement Beach Restoration/ District II

12814472-012130 $22 $0 Insurance Life & Health Beach Restoration/ District II

12814472-012140 $20 $0 Worker's Compensation Beach Restoration/ District II

12814472-012170 $77 $0 Medicare Beach Restoration/ District II


SWDD/ Refuse/ Regular Salaries 41120934-011120 $1,075 $0

SWDD/ Refuse/ Social Security 41120934-012110 $66 $0

SWDD/ Refuse/ Retirement 41120934-012120 $108 $0

SWDD/ Refuse/Insurance Life & 41120934-012130 $5 $0

Health SWDD/ Refuse/ Worker's

41120934-012140 $58 $0 Compensation

SWDD/ Refuse/ Medicare 41120934-012170 $16 $0

SWDD/ Landfill/ Regular Salaries 41121734-011120 $12,278 $0

SWDD/ Landfill/ Social Security 41121734-012110 $763 $0

SWDD/ Landfill/ Retirement 41121734-012120 $1,250 $0

SWDD/ Landfill/Insurance Life & 41121734-012130 $52 $0

Health SWDD/ Landfill/ Worker's

41121734-012140 $113 $0 Compensation

SWDD/ Landfill/ Medicare 41121734-012170 $179 $0

SWDD/ Recycling/ Regular Salaries 41125534-011120 $1 '174 $0

SWDD/ Recycling/ Social Security 41125534-012110 $74 $0

F:\Budget1Jason\Budge!Amendments0708\BA 004 1/9/2008 11 7

(A E~ibit "A"


-C:~-Budget Office Approval: Budget Amendment: 004 Jason E. Br Wli, Budget Director

)

Entry Fund/ Department/ Account Number Increase Decrease

Number Account Name

SWDD/ Recycling/ Retirement 41125534-012120 $118 $0

SWDD/ Recycling/Insurance Life & 41125534-012130 $5 $0

Health SWDD/ Landfill/ Worker's

41125534-012140 $63 $0 Compensation

SWDD/ Recycling/ Medicare 41125534-012170 $17 $0

SWDD/ Landfill/ Reserve for 41121734-099910 $0 $17,414

Contingency Shooting Range Fund/ Shooting

41216175-011120 $4,511 $0 Range/ Regular Salaries Shooting Range Fund/ Shooting

41216175-011130 $1,956 $0 Range/Other Salaries & Wages Shooting Range Fund/ Shooting

41216175-012110 $403 $0 Range/ Social Security Shooting Range Fund/ Shooting

41216175-012120 $652 $0 Range/ Retirement Shooting Range Fund/ Shooting

41216175-012130 $27 $0 Range/Insurance Life & Health Shooting Range Fund/ Shooting

41216175-012140 $301 $0 Range/ Worker's Compensation Shooting Range Fund/ Shooting

41216175-012170 $93 $0 Range/ Medicare Shooting Range Fund/ Shooting

41216175-099910 $0 $7,943 Range/ Reserve for Contingency Sandridge/ Clubhouse/ Shooting

41823672-011120 $8,918 $0 Range/ Regular Salaries Sandridge/ Clubhouse/Other Salaries

41823672-011130 $3,516 $0 & Wages Sandridge/ Clubhouse/ Social

41823672-012110 $769 $0 Security

Sandridge/ Clubhouse/ Retirement 41823672-012120 $1,263 $0

Sandridge/ Clubhouse/Insurance 41823672-012130 $54 $0

Life & Health Sandridge/ Clubhouse/ Worker's

41823672-012140 $294 $0 Compensation

Sandridge/ Clubhouse/ Medicare 41823672-012170 $181 $0

Sandridge/ Clubhouse/ Reserve for 41823672-099910 $0 $14,995

Contingency County Buidling/ Building Dept./

44123324-011120 $47,184 $0 Regular Salaries



~ ~- Budget Amendment: 004 Budget Office Approval:

j:iblt "A"

Jason f=. Br wn, Budgetl::lirector

Entry Fund/ Depart1uer1't/ Account Number Increase Decrease

Number Account Name County Buidling/ Building Dept./

44123324-012110 $2,921 $0 Social Security County Buidling/ Building Dept./

44123324-012120 $4,756 $0 Retirement County Buidling/ Building Dept./

44123324-012130 $194 $0 Insurance Life & Health County Buidling/ Building Dept./

44123324-012140 $729 $0 Worker's Compensation County Buidling/ Building Dept./

44123324-012170 $687 $0 Medicare County Buidling/ Building Dept./

44123324-099910 $0 $56,471 Reserve for Contingency Utilities/ Wastewater Treatment!

47121836-011120 $4,301 $0 Regular Salaries Utilities/ Wastewater Treatment!

47121836-012110 $267 $0 Social Security Utilities/ Wastewater Treatment!

47121836-012120 $433 $0 Retirement Utilities/ Wastewater Treatment!

47121836-012130 $18 $0 Insurance Life & Health Utilities/ Wastewater Treatment!

47121836-012140 $157 $0 Worker's Compensation Utilities/ Wastewater Treatment!

47121836-012170 $62 $0 Medicare Utilities/ Water Production/ Regular

47121936-011120 $2,238 $0 Salaries Utilities/ Water Production/ Social

47121936-012110 $140 $0 Security Utilities/ Water Production/

47121936-012120 $226 $0 Retirement Utilities/ Water Production/ Insurance

47121936-012130 $9 $0 Life & Health Utilities/ Water Production/ Worke~s

47121936-012140 $105 $0 Compensation

Utilities/ Water Production/ Medicare 47121936-012170 $32 $0

Utilities/ General & Engineering/ 47123536-011120 $34,236 $0

Regular Salaries Utilities/ General & Engineering/

47123536-012110 $2,125 $0 Social Security Utilities/ General & Engineering/

47123536-012120 $3,463 $0 Retirement Utilities/ General & Engineering/

47123536-012130 $146 $0 Insurance Life & Health


Resolution No. 2008- Qv I~ Budget Office Approval: . v __'J' Budget Amendment: 004

jbit "A"

Jason f=,. Brc l)wn, Budget Director

I Entry Fund/ Departim!I'Jt/

Account Number Increase Decrease Number Account Name

Utilities/ General & Engineering/ 47123536-012140 $239 $0

Worker's Compensation Utilities/ General & Engineering/

47123536-012170 $496 $0 Medicare Utilities/ Customer Service/ Regular

47126536-011120 $17,664 $0 Salaries Utilities/ Customer Service/ Social

47126536-012110 . $1,096 $0 Security Utilities/ Customer Service/

47126536-012120 $1,780 $0 Retirement Utilities/ Customer Service/

47126536-012130 $73 $0 Insurance Life & Health Utilities/ Customer Service/ Worker's

47126536-012140 $120 $0 Compensation

Utilities/ Customer Service/ Medicare 47126536-012170 $256 $0

. Utilities/ Wastewater Collection/ 47126836-011120 $1,652 $0

Regular Salaries Utilities/ Wastewater Collection/

47126836-012110 $103 $0 Social Security Utilities/ Wastewater Collection/

47126836-012120 $167 $0 Retirement Utilities/ Wastewater Collection/

47126836-012130 $7 $0 Insurance Life & Health Utilities/ Wastewater Collection/

47126836-012140 $77 $0 Worker's Compensation Utilities/ Wastewater Collection/

47126836-012170 $24 $0 Medicare Utilities/ Water Distribution/ Regular

47126936-011120 $8,478 $0 Salaries Utilities/ Water Distribution/ Social

47126936-012110 $524 $0 Security Utilities/ Water Distribution/

47126936-012120 $855 $0 Retirement Utilities/ Water Distribution/

47126936-012130 $35 $0 1 nsurance Life & Health Utilities/ Water Distribution/ Worker's

47126936-012140 $351 $0 Compensation

Utilities/ Water Distribution/ Medicare 47126936-012170 $124 $0

Utilities/ General & Engineering/ 47123536-099910 $0 $82,079

Reserve for Contingency Fleet/ Vehicle Maitenance/ Regular

50124291-011120 $4,057 $0 Salaries

F:\Budget\Jason\Budge!Amendments07081BA 004 1/9/2008 1 2 0

Ex ibit "A" Resolution No. 2008- C'A0~

·Budget Office Approval: ""'-L--. v ~ ~ Budget Amendment: 004 Jasor E.B rpwn, BudgetTiirector

Entry Fund/ Depa \t!JJ.efitl Account Number Increase Decrease

Number Account Name Fleet/ Vehicle Maitenance/ Social

50124291-012110 $252 $0 Security Fleet/ Vehicle Maitenance/

50124291-012120 $409 $0 Retirement Fleet/ Vehicle Maitenance/ Insurance

50124291-012130 $17 $0 Life & Health Fleet/ Vehicle Maitenance/ Worker's

50124291-012140 $69 $0 Compensation

Fleet/ Vehicle Maitenance/ Medicare 50124291-012170 $58 $0 . .

Fleet/ Vehicle Maitenance/ Reserve 50124291-099910 $0 $4,862

for Contingency Self Insurance/ Risk Mgmt./ Regular

50224613-011120 $4,759 $0 Salaries Self Insurance/ Risk Mgmt./ Social

50224613-012110 $295 $0 Security Self Insurance/ Risk Mgmt.!

50224613-012120 $506 $0 Retirement Self Insurance/ Risk Mgmt./

50224613-012130 $20 $0 Insurance Life & Health Self Insurance/ Risk Mgmt./ Worker's

50224613-012140 $18 $0 Compensation Self Insurance/ Risk Mgmt./

50224613-012170 $69 $0 Medicare Self Insurance/ Risk Mgmt./ Reserve

50224613-099910 $0 $5,667 for Contingency c GIS Fund/ GIS Department/ Regular

so510319-011120 $7,317 $0 Salaries GIS Fund/ GIS Department/ Social

. 50510319-012110 $457 $0 Security GIS Fund/ GIS Department/

50510319-012120 $738 $0 Retirement GIS Fund/ GIS Department/

50510319-012130 $29 $0 Insurance Life & Health GIS Fund/ GIS Department/ Worker's

50510319-012140 $62 $0 Compensation . GIS Fund/ GIS Department/

50510319-012170 $105 $0 Medicare GIS Fund/ GIS Department/ Reserve

50510319-099910 $0 $8,708 for Contingency

2. Revenues

F:\Budget\Jason\BudgetAmendments070818A 004 1/9/2008 121


~ :},01

~-~ Budget Office Approval: '-----". ._ - Budget Amendment: 004

E h"b"t"A"

Jaso E.B ~wn, Budget Director )

Entry Fund/ Department/ Account Number Increase Decrease

Number Account Name General Fund/ Cash Forward -

001039-389040 $435,729 $0 October 1

Expenses

General Fund/ Sheriff/ Automotive 00160021-066420 $435,729 $0

3. Revenues

Optional Sales Tax/ DOT Fellsemere 315033-331402-05039 $251,713 $0

Bikepath LAP Grant Optional Sales Tax/ Cash Forward -

315039-389040 $0 $38,359 October 1

Expenses

Optional Sales Tax/ Roads & 31521441-066510-05039 $212,854 $0

Bridges/ Fellsmere Bike Path

4. Expenses

M.S.T.U. Fund/ Environmental 00420724-033190 $20,000 $0

Planning/ Other Professional Svcs. M.S.T.U. Fund/ Reserves/ Reserve

00419981-09991 0 $0 $20,000 for Contingency

5. Revenues

General Fund/ DOJ SCMP Grant 001033-331207 $2,421 $0

Expenses

General Fund/ Sheriff/ Other 00160023-033190 $2,421 $0

Professional Services

6. Expenses

Optional Sales Tax/ Parks/ Gifford 31521072-066510-04023 $6,290 $0

Park Security House Optional Sales Tax/ Reserves/


F:\Budget\Jason\BudgetAmendments0708\BA 004 1/9/2008 1 2 2

Resolution No. 2008- ()A "11;_ /"'\ Budget Amendment: 004 Budget Office Approval: ""t

E j'b"t "A"

Jason f=.. Bro ttn, Budget Director )

Entry Fund/ Depart~tl Account Number Increase Decrease

Number Account Name

7. Expenses

General Fund/Computer 00124113-066470 $12,000 $0

Services/EDP Equipment General Fund/Reserve for

00119981-099910 $0 $12,000 Contingency

8. Revenues

Shooting Range Fund/ Cash Forward 412039-389040 $3,750 $0

-October 1

Expenses

Shooting Range Fund/ Shooting 41216175-034820 $3,750 $0

Range/ Other Promotional Expense

9. Revenues

Beach Restoration Fund/ DEP 128033-334303-05054 $342,608 $0

Wabasso Beach Grant 071R2 Beach Restoration Fund/ DEP Dune

128033-334301-08002 $225,000 $0 Restoration Grant 071 R2 Beach Restoration Fund/ Cash

128039-389040 $567,608 $0 Forward - October 1

Expenses

Beach Restoration Fund/ Sector 3 12814472-066510-05054 $685,216 $0

Beach Restoration Beach Restoration Fund/ Tropical

12814472-066510-08002 $450,000 $0 Storm Noel Dune Restoration

10. Expenses

General Fund/ Agencies/ W. 00111069-088004 $63,143 $0

Wabasso - Meals on Wheels General Fund/ Reserves/ Reserve

00119981-099910 $0 $63,143 for Contingency

F:\Budget\Jason\BudgetAmendments0708\BA 004 1/9/2008 1 2 3

~~Chi bit "A"

Qcl~ Resolution No. 2008-

Budget Office Approval: Jason E. Brj>wn, Budget Director

Entry Number

Fund/ Depa !'m.ef.t/ Account Name

11. Revenues

12.

13.

General Fund/ Donations Main Library General Fund/ Donations North County Library Books General Fund/ Donations Books Main Library

Expenses

General Fund/ Main Library/ AudioNisual- Youth Graphics General Fund/ Main Library/ Miscellaneous General Fund/ North County Library/ Subscriptions

Revenues

Beach Restoration Fund/ FEMA-Hurricane Jeanne Beach Restoration Fund/ Cash Forward -October 1

Expenses

Beach Restoration Fund/ FEMA Sectors 1 & 2 Renourishment

Revenues

M.S.T.U. Fund/Reserves/ Reserve for Contingency

Expenses

M.S.T.U./Road & Bridge/Other Contractual Services

14. Revenues

Account Number

001038-366095

001 038-3661 00

001038-366103

00110971-038140

00110971-038190

00111271-035460

128033-331581

128039-389040

128144 72-06651 0-05041

00419981-09991 0

00421441-033490


Increase Decrease

$4,622 $0

$2,631 $0

$78 $0

$2,200 $0

$2,500 $0

$2,631 $0

$5,021,709 $0

$264,300 $0

$5,286,009 $0 .

$7,500 $0

$7,500 $0

Beach Restoration Fund/DEP Grant 128033-334301-08003 l ______ j#!0~7~R~1~3t-S~e~c~t£or~s~1~&~2~M~o~ni~tr£o~·,n~g __ _L __________________ ~------~L----:~~ 1 24

1/9/2008 F:IBudget\Jason\BudgetAmendments0708\BA 004

$129,447 $0

Resolution No. 2008-~ ?Chibit "A"

(Ac~ Budget Amendment: 004 Budget Office Approval: Jason f=.. Br$n. Budget Director

Entry Fund/ Depar~ Account Number Increase Decrease Number Account Name

Beach Restoration Fund/ Cash 128039-389040 $148,039 $0

Forward - October 1

Expenses

Beach Restoration Fund/Sectors 1 & 128144 72-033490-08003 $277,486 $0

2 Monitoring


Office of Public Notice

INDIAN RIVER COUNTY ATTORNEY

William G. Collins II, Cowcty Attorney William K DeBraa1, Deputy Couuty Attorney Marian E. Fell, Sr. Assistant County Attorney George A. Glenn, Assistant County Attorney

To:

From:

Date:

Re:

INTEROFFICE MEMORANDUM

Board of County Commissioners

~n E. Fell, Sr. Assistant County Attorney

January 8, 2008

Public Notice of Public Hearing to Adopt an Ordinance to Designate an Official County Seal

Florida Statutes section 165.043 allows the governing body of the County, by ordinance, to designate an official County Seal. Indian River County has had an elk head in the center of its embossed Seal since 1925. While the origin of the elk in the County's Seal is unknown, the Board had approved changing the County Seal from the elk head to grapefruit images in the center of the Seal.

The public hearing date is January 22, 2008, at 9:00 a.m., or as soon thereafter as the matter may be heard.

MEF/Ik

Approved for 1/15/2008 -Public Notice

By (.JL!C u~ William G. Collins II, County Attorney

126

1/ A 1.

TO:

FROM:

DATE:

RE:

Joseph A. Baird County Administrator

INDIAN RIVER COUNTY

MEMORANDUM

o ert . Keating, AICP Community Development D1rector

Roland M. DeBlois, AICP ~ Chief, Environmental Planning

January 8, 2008

I

COMMUNITY DEVELOPMENT

(QUASI-JUDICIAL}

Consideration to Authorize Pulling Compliance Bonds for Noncompliance with Site Plan Approval Requirements relating to the Tom Hammond Sand Mine and the Ranch Road Lake Sand Mine

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of January 15, 2008.


The Tom Hammond Sand Mine and the Ranch Road Lake Sand Mine are located off 82"d Avenue, north of State Road 60. As a condition of site plan approval (and as required under County Code Section 934.07(5)), each of the two mine operators were required to post compliance bonds to ensure that the sites are developed, operated and restored in conformance with the approved mining site plans.

As a part of site plan approval, the owners were required to identity and receive approval for dump truck haul routes. With respect to the Hammond and Ranch Road sand mines, each mine has approved haul routes limiting dump truck traffic to traveling north on 82"d Avenue. In other words, the approved haul route for each of the sand mines prohibits dump trucks from coming or going south of the sand mines on 82"d Avenue.

On January 9, 2008, county code enforcement staff observed dump trucks entering and leaving each of the sand mines using 82"d Avenue south of the sand mines, in violation of the approved haul routes (see attached affidavit). Consequently, staff is requesting that the Board pull the compliance bonds for each of the two sand mines.

ANALYSIS

In accordance with the language in the compliance bonds for each of the two mines, pulling the bonds requires resolutions of the Board. Attached to this memorandum are two draft resolutions for the Board's approval consideration to pull the bonds.

1

127

Posting of a compliance bond is required as a condition of a county mining permit. Therefore, if the Board approves pulling the compliance bonds for the Hammond and Ranch Road Lake Sand Mines, those mining permits will be invalid and operations must cease, until and unless the mining operators post new bonds.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached resolutions pulling the compliance bonds for the Tom Hammond Sand Mine and for the Ranch Road Lake Sand Mine, and authorize the Board Chairman to sign the resolutions.

ATTACHMENTS

I. Code officer affidavit. 2. Copy of County Code Section 934.07(5). 3. Copy of posted compliance bonds. 4. Proposed resolutions pulling compliance bonds. 5. Notification letters

APPROVED: I.R.County A~yed Da.te Admin. I W I I~ o!t Legal 1-.'1 ~

Budget . 111'1 f/4 ("," FOR: Dept. II t._n..- II< · ... ~

BY: Risk Mgr.

F:\Com nity Development\Users\ROLAND\LAAC\South Prong\FCT grant contract bee staffrept for 01-15-0S.doc

2

128

STATE OF FLORIDA COUNTY OF INDIAN RIVER

AFFIDAVIT

Before me this day personally appeared Kelly Zedek, who, being duly sworn, deposes and says that the following occurred on January 9, 2008, relating to the Ranch Road Lake Sand Mine (5655 82nd Avenue) and the Thomas Hammond Sand Mine (5855 90th Avenue) :

1. I arrived on 82nd Avenue at approximately 6:08 am on 1/9/08

2. Trucks started arriving at approximately 7:11 am to the Hammond Sand Mine. I observed a total of 7 trucks going into the mine from south on 82nd Avenue (from State Road 60) I also observed 6 trucks leaving the mine and turning south on 82nd Avenue and going towards State Road 60.

3. I did observe 4 trucks from the Hammond Sand Mine use the proper haul route to 69'h Street.

4. Trucks started leaving Ranch Road Sand Mine at approximately 7:00 am I observed approximately 21 trucks leaving the Ranch Road Mine and heading north on 8·2nd Avenue (the approved haul route) I also observed 24 truck going into the Ranch Road using the approved haul route.

5. At approximately 8:30 am I observed two trucks belonging to Eddie Huggins Trucking traveling north on 82nd Avenue (from State Road 60) and turning into the Ranch Road Mine.

Page 1 of 2

129

of 2

6. At approximately 8:14 am I observed two trucks belonging to Eddie Huggins Trucking traveling south on 82nct Avenue (towards State Road 60) .

7. I left the site at approximately 8:50 am.

/

making affidavit

Sworn to and subscribed before me this day of

-7"':C)al-""-'-/rLUJV!J.{""""'"'""""'+-----' A. D . , 2 0 _Q_/{_. ., --- NOtary PubliC State Of Florida

~.,~~" Maria Bowdren u d ~ _ . ; My comni1ssion 00670567 ~ ... -;,.,:o"' Expires 06/17/2010

Notary Public, State of Florida

My commission expires:

F:\Community Development\Users\kelly\mine\affidavit

130

EXCAVATION AND MINING § 934.07

acceptable to the county attorney. The plat, if applicable, must refe ence the restrictive covenant. exact language as seen in the tara! Zone Restrictive Covenant ust be followed. The restrictive cov nant and plat, if applicable, must e reviewed by the planning divis · n prior to recording. A copy of the ecorded restrictive covenant mus be provided to Staff prior to apfl oval of the land development per · .

(c) Planting of the littor zones must be completed prior t issuance of a certificate of campi ion or the first certification of occ arrey for any lot adjacent to or a utting the lake, whichever occur first.

(d) All excavation must comply with "Best Manage ent Practices for the Construction dustry."

(e) Planted !itt a! zones must be maintained in erpetuity in compliance with thes planting requirements, and with Best Management Practices.~~

(5) There will e no significant adverse offsite impac on groundwater quality or groundw er levels. In the event of dewateri g associated with excavations (inclu · g mining), the applicant shall presen evidence that no salt-water intru

dlor reduction in quality or quantity well water available to properties wit n one-fourth ('14) mile of the permitted ctivity will occur.

(6) e water management system, includ-. g swa!es and interconnected wetlands

d lakes, must be specifically designed to inhibit siltation and eutrophication processes. Th ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective actions should eutrophication and/or siltation occur.

(7) A fifteen-foot-wide access maintenance easement shall be provided for every one

thousand (1,000) feet of shore · e. This easement shall extend from b elevation of the lake to a p road right-of-way.

(8) The littoral zone I be considered as fully creditable wards the 2:1 mitigation ratio r freshwater emergent wetlands; ef. Chapter 928, Wetland and Deepw er Habitat Protection).

(Ord. No. 90 6, § 1, 9-11-90; Ord. No. 91-48, §54, 12-4-91; rd. No. 94-25, § 21, 8-31-94; Ord. No. 99-13 6, 5-5-99; Ord. No. 2007-012, § 1, 3-20-07)

ction 934.06. Reserved.

Section 934.07. Mining permit regulations.

(1) Applicability. A county mining permit shall be reqniredfor any mining activity (as defmed in Chapter 901) in the unincorporated county, except as exempted in section 934.04 of this chapter. Any request for a mining permit shall be considered an application for site plan approval, and the procedure set forth in the county land development code for such applications shall be followed. The provisions of this section shall be considered as conditions to the administrative permit use or special exception use as allowed and specified in Chapter 971, Specific Land Use Criteria.

(2) Application procedures. Mining permit applications shall be made to the community development department, in accordance with site plan submittal requirements set forth in the county land development code. The site plan application must also demonstrate that, in addition to conformance with all county codes, the conditions of the mining permit are met as specified herein. Specified submittal requirements shall include:

(a) A mining plan, including:

1. Plan view and cross-sections of min-ing area;

2. Amount of fill to be removed;

3. Timetable of mining activity;

4. Method of mining;

5. Hours of operation; and

6. Safety/security plan.

(b) A restoration plan, including:

Supp. No. 64 934/4.1

§ 934.07 iNDIAN RIVER COUNTY CQDE

sance to the neighborhood, contrary t~ county noise and vibration control regol tions.

(b) The land surface shall be restored condition which is in complete compl" ce with the site plan for reclamatio and rehabilitation of the area. The m" g excavation pit shall not be located w· hin one hundred fifty (150) feet of the rojected right-of-way line of any exis · g or pro-

. posed public road nor within e hundred fifty (150) feet ofthe outer pe meter of the

· land area. Where amining peration consists only of the removal a mound and does not consist oflowerin the elevation of ground below the neighb ring property, an exception to the one- dred-fifty (150) foot outer perimeter s tback may be permitted at the time oft e site plan approval. All slopes and b shall be sloped at a ratio of not steep than three (3) feet horizontal to on foot vertical, graded, grassed and stab· ized.

(c) Permanent pro' ct boundary corners with intermediates es at a minimum interval of three hun d (300) feet, and all limits of excavation all be staked, marked and maintained "th visible flags in the field,

ce with approved plans for the

(d) Annual rogress report. The operator holding a v id mining permit shall file, on or before October 1 of each year, a written

to the community development dep ent identifying the lands mined and rec aimed for the preceding calendar year

identifying lands expected to be mined d lands planned for reclamation during

he current year. The report shall also verify compliance with all conditions of other permitting authorities and shall note the expiration dates for all petmits. F.ailure to file the required annual progress report shall be grounds for suspension of the operating permit; however, an extension of time for filing may be granted by the planning and zoning commission upon request and for reasonable cause.

Supp. No. 24 934/6

(5) Requirement of bonds. --=:: -

(a) Intent. Compliance and restoration bondsshall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan. The compliance bond can be assessed as a penalty only to violations of site plan approval that are chargeable to the mining permit holder, and those under his supervision, direction, or control. The restoration

. bond is to provide funds to restore the site.

(b) Amount. The compliance bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of project site with a minimum of five thousand dollars ($5.000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5.000.00).

(c) Phasing. When one phase of twenty (20) acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this chapter, the compliance and restoration bonds may be transferred to the next phase under the approved plan. More than one phase at a time may be mined concurrently; however, each phase shall be fully bonded, as required by this chapter.

(d) Renewal. Within thirty (30) days preceding bond expiration, a bond renewal or new bond, in a form and amount approved by the community development director and county attorney, must be on file in the community development department. This process shall be continued through the completion of each mining operation.

(e) Forfeiture. Upon a finding of noncompliance with this chapter or the approved mining site plan or reclamation-site plan; or failure to renew bonds Within thirty (30) days of expiration, the community development director shall notifY the permit holder in writing of the noncompliance and the

132

EXCAVATION AND MINING § 934.09

pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process.

1. The compliance bond shall be forfeited for .violating the conditions of site plan approval including, but not limited to, unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies. Upon appeal by the applicant, the board of county commissioners may, upon findings of fact, determine that the violation did not occur or was insignificant and may retum all or part of the compliance bond.

2. The restoration bond shall be forfeited for violating the conditions of restoration plan approval including, but not limited to, mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with water management standards as contained in section 934.05 of this chapter, and restoration activity not consistent with permits issued by other jurisdictional agencies. The county shall use the fund to restore the site in conformance with the approved restoration plan. Any funds remaining after the completion of the work shall be returned to the bond holder.

(f) Appeals.

1. Any person receiving written notice of suspension of a permit and bond forfeiture may within fifteen (15) days following the date of such notice enter an appeal in writing to the board of county commissioners of Indian River County, Florida. Such appeal shall state the location of the property, the date of the notice of violations, and the grounds or basis of the appeal. The board of county

commissioners, after holding a hearing on this appeal, may continue the suspension, modify the suspension, revoke the operating permit, call for forfeiture of any bonds, or reverse the decision of the community development director.

2. No appeal filed later than fifteen (15) days after the date of such notice shall be acted upon by the board of county commissioners, unless the county administrator shall consent thereto.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 21, 5-31-95; Ord. No. 96-6, § 21, 2-27-96)

Section 934.08. Reserved.

Section 934.09. Use of public and p vate roads.

Any mining permit issued pursu ordinance shall be subject to the fo g provi-sions:

(1) The applicant shall ens e that neither public nor private prop will be dam-aged by the hauling of ed materials and that hazardous traffi conditions will not be created. All such plications shall identify an authorize fill hauling route. If private roads or sements are intended to be used, writte permission shall be submitted from t e person or persons owning said road or asement as part of the application rna rials. No load limits shall be exceeded ong the haul route;

(2) Where eemed necessary by the county engin er, mats, culvert, ramps, or paved driv s shall be placed at entrances and/or e · ts of haul sites in such positions that p vement edges, shoulders, curbs and side-

alks will be protected from damage;

If any of the hauling route is over county maintained, unpaved roads, the permittee must maintain that section of the hauling route during the hauling operation, and security for this purpose may be required, as determined by the county engineer. If security is required based upon number of trips on the unpaved roads, the frequency

Supp. No. 24 934/7

133

.(

William G. Collins II, County Attorney Madan E. Fell, Assistant County Attorney William K DeBraal, Assistant County Attorney

Office of INDIAN RIVER COUNTY

ATTORNEY

MEMORANDUM

TO: Jason E. Brown -Budget Manager

FROM:JSY~ncy H. Mossali- Legal Assistant, Office of County Attorney

DATE: April 6, 2006

SUBJECT: Ranch Road Sand Mine Letter of Credit for Compliance and Restoration SP-MA-05-01-02 (2004040371)

In connection with the referenced sand mine, Eddie Huggins Land Grading Co., LLC has posted an original letter of credit for compliance and restoration as follows:

First National Bank and Trust Company of the Treasure Coast Irrevocable Letter of Credit No. 2006-07 in the amount of $70,350.00 having an initial expiration date of March 22, 2007, with an automatic renewal provision for additiona11-year periods.

Please hold this original letter of credit in safekeeping. Also attached is the · validation form executed by a representative of First National Bank and Trust Company of the Treasure Coast.

nhm attachments: letter of credit

validation

cc w/o validation form: Kelly Zedek - Code Enforcement Officer

March 29, 2006

Indian River County Board of County Commissioners 1840 251

h Street Vero Beach, Fl. 32960

First National BANK AND TRUST COMPANY

RE: IRREVOCABLE LETTER OF CREDIT NO. 2006-07

Gentlemen:

Buy order of Eddie Huggins Land Grading Co., LLC, a Florida Limited Liability Company, First National Bank and Trust Company of the Treasure Coast hereby establishes an irrevocable Letter of Credit in your favor in the amount of Seventy Thousand Three Hundred Fifty and No/! 00 Dollars. U.S. ($70,350.00) effective as of March 22, 2006 and expiring at our office at the close of business on March 22, 2007 with provision for a 1 year automatic renewal. First National Bank and Trust company of the Treasure Coast shall makes funds available under this credit to you not exceeding in aggregate the amount of this credit against your sight draft to us mentioning this Letter of Credit, accompanies by a resolution of the Board of County Commissioners to the effect that The Eddie Huggins Land Grading Co., LLC has defaulted under the terms or conditions ofindian River County Ordinance 934.07, and that the amount of the draft represents the amolmtrequired by the Cmmty to fulfill the performance of compliance ($51,490) with the conditions of site plan approval of Ranch Road Sand Mind (Site Plan No. SP-MA-05-01-02/2004040371) or restoration ($18,860) of the site. Drafts presented for payment under the credit shall be marked ''Drawn on Irrevocable Letter of Credit of First National Bank and Trust Company of the Treasure Coast No 2006-07."

This Letter of Credit shall automatically renew for additional 1 year periods, unless First National Bank and Trust Company of the Treasure Coast provides written notice by certified mail, return receipt requested, to Indian River County Office of Management and Budget at 1840 25th Street, Vero Beach, Fl. 32960 of the bank's intent not to automatically renew the Letter of Credit, 90 days prior to the Letter of Credit expiring. In the event the customer does not provide alternate security within 30 days of notice, the County shall the right to draw on the Letter of Credit notwithstanding any lack of compliance with the Ordinance 934.07.

This Letter or Credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrun1ent, or contract referred to herein on which the Letter of Credit is referred to or to which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrmuent, or contract.

·~ ~~ .. Member FDIC

First National Bank & Trust Compa.·ny, P.O. Box 9012, U.S. 1 & Colorado Ave., Stuart, florida 34995-9012 r: . . (772) 287-4000. (772) 465-4000. (772) 569-4000 . 1 3 ~

It is agreed by all parties hereto that the references to development, resolutions, improvements, agreements and performance are the identifications purposes only and shall not be construed in any manner to require First National Bank and Trust Company of the Treasure Coast to inquire into their terms and conditions.

We hereby agree with you that drafts drawn under and in compliance with the terms and conditions of this credit shall be duly honored if presented, together with documents as specified and the original of this credit, at our office located at 815 Colorado Ave., Suite 205, Stuart, Fl. 34994 on or before March 22,2007.

Except as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit.

Sincerely,

Thomas H. Wilkinson Executive Vice President

136

Office of INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attomey Marian E. Fell, Assistant County Attomey William K. DeBraal, Assistant County Attomey

MEMORANDUM

TO: Jason E. Brown- O:MB Director

FROM: ~William G. Collins II - County Attorney

DATE: January 29,2007

SUBJECT: Hammond Sand Mine

Range Road Mine, LLC has assumed the Hammond Sand Mine (The Eddie Huggins Land Grading Co, LLC being the previous operator of record). As evidence of the assumption, attached is an executed copy of a Notice of Transfer and Assumption of Site Plan Approvals and Obligations which has been reviewed and is acceptable for processing by both Planning and Engineering. Also attached is an original Northern Trust, NA Standby Letter of Credit No. SLC500211 in the amount of $31,300.00 (along with the validation copy) to guarantee compliance and restoration of the site. Please note that the letter of credit has an initial expiration date of January 17, 2008, but will automatically renew for additional 1-year periods unless the bank gives notice at least 90 days prior to the letter of credit expiration.

Additionally, there is a First National Bank and Trust Conipany of the Treasure Coast Irrevocable Letter of Credit No. 2006-06 in the amount of $31,300.00 being held in safekeeping by your office. The Northern Trust, N.A. Standby Letter of Credit No. SLC500211 replaces the First National Bank letter of credit, and accordingly, you may return the First National Bank letter of credit.

nhm Attachments: Notice of Transfer and Assumption of Site Plan Approvals and Obligations

Original Northern Trust, NA Standby Letter of Credit No. SLC500211 Validation copy

cc (w/o validation copy): Kelly Zedek- Code Enforcement Officer Stan Boling - Planning Director Chris Kafer, P .E. - County Engineer

F:\Attorney\Nancy\DOCS\MEMO\budget re hammond sand mine2.doc

137

1(93(PLAN\assump5 )L~I..iAL\ wur..;tnn.mJ

NOTICE OF TRANSFER AND ASSUMPT[ON

OF SITE PLAN APPROVALS AND OBLIG~II'IONS

------·---~---··----~--·----~-~-----------·-------------~·-------------Name of Site Plan hoject: Hwmood So..nd. m,~e. Site Plan Number: se-rna- oy-og-st &o6lf 03 OQ73 -L/Of3'1

1. TRANSFEROR

Name: The £deLle. Hurn;as I and G-md,;.# Co./ I LC..

Interest: Ope:ra...for '

Business Address: .:?'f-cio S.C. u;,·!/o'fjbby 8/vd . . S-fu.p£t FL 3tfqqt..f .

' Phone Number: ___ 7~'7~~~-~-~~K~S_-~/~7~0~3~~~~~~~~--~-

Registered Agent (if corporation): ma..rK 8 rr;c,bbi !I , c Pf!

Address of Registered Ai!!nt: _,,?!a.J.>.!S....._,S"'._:_r=:~-e..cf.=e.n==-"a.""I-"-H"'w""u'T, __.:...#:....!~0:::.::0::.__

5-i-u.o.rf- F L 3 yqq'-f

Names, Titles and. Addresses of Officers and Authorized Agents:

Attach Proof of Authority (Corporate Resolution) if Authorized Agent is Not President I Vice President I General Partner

Na.me and Address of Design Professional: Sdu..tKe f3,Hfe. <¥- 5+-od.d..ard IL.C

I >

1717 :Ioduw 'i?,v-e.-- 13/vd. s+c... .3ot Vc .. r-o 8~c..h, FL- 3?-C/~t- o

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2. SUC.CESSOR

Name: J<o..nse KPDd m,ae LLc

Interest:

B.u.ainess Address: ...r:.P~o~.~.e~.a..w~X~.,:,3~2.~7...5i8':.._ _________ _

Ve..ro 8-er;ch EL 3;)S!(ocf

Phone Number: ___ 7~7.~..~~~-~7~7wi~-~(o~5~~~0:.,_ __________________ _

Registered Agent (if corporation): E. n C. C. 8g rl?c.ct":Ja.cK..son

1 8a.rl::.e:ff 'I'- 8rowr,

Address of Registered Agent: ;t/l.,'f tS+n &vmg ·

Ve..ro 8"UJ.cJ1 FL 3;;;..9~0

Phone Number of Registered Agent: 7'7 ~ -54. 7- L(35fL

Names, Titles and Addresses of Officers and Authorized Agen.ts: 3.;J£?&t../

!homqc; s. Ha..mmoocl -/)Wne.r P.o. 8o)( 3d.7t' Vt:ro e~ach FL.. I >

Attach Proof of Authority (Corporate Resolution) !f Authorized · Agenl is Not President/Vice President/General Partner.

Name and Address of Design Professional: Sc6u_/ 14 , 8;.;-f/.e + S-1-od.d..cr..rd: LLC.

on :Z:.oa!JOtb KJy'e.r £3/vcL Site .301

~•••••-••-w••••--•-•--••••~--------•••••----••-------•••••••••-------••

The undersigned, being duly authorized, hereby agrees for JWnqv ?ogQL m,oe . LLC, , the successor in interest to property

haVing received site plan approval as Site Plan No ·~P-m(f"'"-o& -st , to assume all commitments, responsibilities, and obligations o the

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139

....,,_,,...,'' ' ,.......,._ u.,.;

2. SUC,<;:ESSQR

Name: flo..n§e 'Koqd. muj-e LLc

Interest:

B.u.siness Addl'ess: -'-P_,o~.._e.,.a""x...__.3=~'-'7...,8'.._ _________ _

Ve..ro BuM FL 3:ut~l./

Phone Number: ____ 7~7~.~~~-~7~7~i~-~~~5~~~o~--------------

Registered Agent (if corporation): c r 1 c C.· 6q r!tu:i; ::TctcK...son , 8a..rK.e.+f 'l'- Brown

Address of Registel'ed Agent: ;:t/l.,.'f ts+-;, flvcaue

V e_ r o !3-c . .a. cJ1 F t 3 ::J.Ri,CJ

Phone Number of Registered Agent: '77 ~ - sz., 7- L/355'

Names, Titles and Addresses of Officers and Authorized Agents:

Tbomq< s. Ha..mrMncJ- Du..mel P.o. Box 3d.7?' V,.ro 8-e.ac{.)qfr'i!. I 7

Attach Proof of Authority (Corporate Resolution) if Authorized · Agenl is Not President/Vice President/General Partner.

Name and Address of Design hofessional: 5c.6u./ 4 , fl;tfl.e + 5-iod.d..afd,. LLC.

1717 :::z: oqluy, 'K, 'v-e_,.- 8 lv c<. ste- 3 oi V e.r o /3 -e.a,.c.J, , F L 3 ;;2..q (.. 0

1

·--------~~---·----------------------~------·--------------------------

The undersigned, being duly authorized, hereby ag:roees for ~"?ogoL n'7,ae , L.LC. , the successor in interest to p!'Operty

ha ~g received site plan approval as Site Plan No .sp-m;f -<>~-ox -st , to assume a.ll commitments, responsibilities, and obligations o t e

2 <200'-/030I:J73- 'f68"3'J

140

Transfero~ (prior) developer, including all conditions of site plan approval and all the obligatioxia, . conditions . and requirements of all applicable . developmenf permits (including permits ~fro other jurisdictional agencies) .

0/L-~ (signature)

Printed Name: ThomO£ S. tla.mmcn:i.

Title: __,(J=w::.:.n.:..le.:.Lr"'"'. __ ....;... __ _

Address: Po .Box 3d.7! Vero !3ea.cl., FL.. 3 ;;2f.

' Phone Number: 77-;). -77f-t.,S"f.>o

(use the appropriate form of acknowledgment below)

[individual form}

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was a before me this __ day of

==.,......,=~-· ·. by ::-:=--;=.-:':-===--------' who is personally known to me or who as identification.

STATE .OF FLORIDA . COUNTY OF INDIAN RIVER

· NOTARY PUBLIC

printed na.ro.e: ------~-

[corporate form}

The foregoing instrume~t was acknowledged before me this dav of -----="' by -- · the

of , a ,..,-----.....,.,--:- corporation, on behalf of the corporation. He or she is ·personally known to me or has produced as identification.

NOTARY PUBLIC:

My Cow.missiou E:o:pi.z'es: printed name: --------

3 141

12/04/2~~b l~:~b

STAT'E OF FLORIDA coUNTY OF INDIAN RrvER

\.lUI-Ill 1

The foregomg' instrument was ore me this _ day of _, by _,__ __ ___,,..;::;;..__,.._...,....,· , partner on behali

of a partnership . He or s.he is personally known to me or produced · as ident!fioe:tl.on.

NOTARY PUBLIC:

printed DS.llle: ----------,

~imited liability company]

STATE OF· FLORIDA COUNTY OF INDIAN RIVER

T e foregoing instrument was acknowledged . before me this __!/._ day of ..,di.QA<~4,;1d4--•kai· by Thomas s. HCLmmoad.. • managing member of .ll\Q.1:14f.....lS.ru:liL~.a..t..-b:..b£;.---· ·_. a (state) r::1onda... limited .liability

He or she is personally known to me or has -J.4t>&z:,...~b-,&.""""::z.L:~ as identification.

My Commission Expires:

NOTARY PUBLIC:

~<C~ff printed natne: £ni:.. c. 8o.rl(ctf

~··~fit'"• ERIC C. BARKEtT t,"f''tb,.~, MY COMMISSION #DO 573744 \J.~:\fj EXPIRES: July 20, 2010 ~t.~fi'fa,\1$"~ Bontlell Thru NotatY PUbnc Unde!Writer.;

4

142

700 Brickell A venue Miami, Florida 33131· 305-789-1300 Telex: 49695633-TNT MiAMi

~ S.W.I.F.T. CNORUS3M

~ NorthernTrust,NA · IRREVOCABLE STAND BY LETTER OF CREDIT NO. SLC500211

DATE: JANUARY 19, 2007

BENEFiCIARY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1840 25TH STREET . VERO BEACH, FL 32960

APPLICANT: RANGE ROAD :MINE, LLC POST OFFICE BOX 3278 · VERO BEACH, FLORIDA 32964

EXPIRATION DATE: JANUARY 17,2008 (AT OUR OFFICE) AMOUNT: USD31,300.00

GENTLEMEN:

BY ORDER OF ABOVE MENTIONED APPLICANT, WE, NORTHERN TRUST, NA, MIAMI, FLORIDA, HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLC500211 IN YOUR FAVOR IN THE AMOUNT OF TillRTY ONE THOUSAND THREE HUNDRED AND 00/100 U.S.DOLLARS ($31,300.00), EFFECTIVE AS OF JANUARY 19,2007, AND INITIALLY EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON JANUARY 17, 2008, WITH PROVISION FOR !-YEAR AUTOMATIC RENEWAL. NORTHERN TRUST BANK, MIAMI, FLORIDA, SHALL MAKE FUNDS AVAILABLE UNDER TillS CREDIT TO YOU NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF TillS CREDIT AGAINST YOUR SIGHT DRAFT TO US MENTIONING TillS LETTER OF CREDIT, ACCOMPANIED BY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO THE EFFECT THAT RANGE ROAD MINE, UC, (APPLICANT) HAS DEFAULTED UNDER THE TERMS OR CONDITIONS OF INDIAN RIVER COUNTY ORDINANCE 934.07, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF COMPLIANCE ($18,000.00-PHASE !) WITH THE CONDITIONS OF SITE PLAN APPROVAL (SITE PLAN NO. SP-MA-04-08-51/2004030073-40839) OR RESTORATION ($13,300.00-PHASE !) OF THE SITE. DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED: "DRAWN ON IRREVOCABLE LETTER OF CREDIT DF NORTHERN TRUST, NA, MIAMI, FLORIDA, NO. SLC50021!".

THIS LETI;'ER OF CREDIT SHALL AUTOMATICALLY RENEW FOR ADDITIONAL !-YEAR PERIODS, UNLESS NORTHERN TRUST NA, MIAMI, FLORIDA, PROVIDES WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR EXPRESS MAIL TO INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET AT 1840 25TH STREET, VERO BEACH, FLORIDA 32960 OF THE BANK'S INTENT NOT TO AUTOMATICALLY RENEW THE LETTER OF CREDIT 90 DAYS PRIOR TO THE LETTER OF CREDIT EXPIRING. IN THE EVENT THAT THE. CUSTOMER DOES NOT PROVIDE ALTERNATIVE SECURITY WITHIN 30 DAYS OF NOTICE, THE COUNTY SHALL HAVE THE RIGHT TO DRAW ON THE LETTER OF CREDIT, NOTWITHSTANDING THE LACK OF NON-COMPLIANCE WITH THE ORDINANCE 934.07.

PAGE 1 OF2

143

700 B1i.ckell A venue Miami, Florida 3313! 305-789-1300 Telex: 49695633-TNT MIAMI S.W.I.F.T. CNORUS3M

~ NorthernTrust,NA

PAGE2 OF2 REFERENCE: STANDBY LETTER OF CREDIT SLC500211

THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE,TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT.

IT IS AGREED BY ALL PARTIES HERETO THAT THE REFERENCES TO DEVELOPMENT, RESOLUTIONS, IMPROVEMENTS, AGREEMENTS AND PERFORMANCE ARE FOR IDENTIFICATION PURPOSES ONLY AND SHALL NOT BE CONSTRUED IN ANY MANNER TO REQUIRED NORTHERN TRUST NA, MIAMI, FLORIDA, TO INQUIRE INTO THEIR TERMS AND CONDITIONS.

WE, NORTHERN TRUST, NA, MIAMI, FLORIDA, HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND INCOMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENTS AS SPECIFIED AND THE.ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 700 BRICKELL A VENUE, MIAMI, FLORIDA 33131, ATTN: LETTER OF CREDIT DEPT., ON OR BEFORE THE EXPIRIRATION DATE OF THIS CREDIT.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, ESTABLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC PUBLICATION SOQ-1993 REVISION), AS IN EFFECT ON THE DATE OF ISSUANCE OF THIS CREDIT.

SINC~RI\L Y, NOR'!'HEJ(N TRUST, NA

' ' ,, f ,1· /

.i

,ENT

144

700 Brickell Avenue Miami, Florida 33!31 305-789-1300 Telex: 49695633-TNT MIAMI S.W.I.F.T. CNORUS3M

~ Northern Trust, NA

...

LETTERS OF CREDIT AUTHORIZED SIGNATURE LIST

THE FOLLOWlNG INDIVIDUALS ARE AUTHORIZED TO SIGN LETTERS OF CREDIT RELATED TRANSACTIONS ON BEHALF OF NORTHERN TRUST, NA.

RAtlW1ERNANDEZSECOND VICE PRESIDENT /' /

~· I L tmi'i\1o RAD

SEcolfrfvicE PRESIDENT

145


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING DEFAULT BY RANGE ROAD MINE, LLC, UNDER THE TERMS OR CONDITIONS OF SECTION 934.07 OF THE CODE OF INDIAN RIVER COUNTY, AND AUTHORIZING STAFF TO MAKE SIGHT DRAFT AGAINST NORTHERN TRUST, NA IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC500211 DATED JANUARY 19,2007.

WHEREAS, Range Road Mine, LLC posted an $18,000.00 compliance

and $13,300.00 restoration bond in the form of a Northern Trust, NA Irrevocable

Standby Letter of Credit No. SLC500211 in the total amount of $31,300.00 to

guarantee compliance with the conditions of site plan approval for Phase 1 (Site

Plan No. SP-MA-04-08-51/2004030073-40839) and/or restoration of the site; and

WHEREAS, Range Road Mine, LLC is in default under the terms of its site

plan approval by not using approved haul routes,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:

1. Range Road Mine, LLC (applicant) has defaulted under the terms

or conditions of Indian River County Ordinance 934.07, and that the amount of

the draft represents the amount required by the County to fulfill the performance

of compliance ($18,000.00 - Phase 1) with the conditions of site plan approval

(Site Plan No. SP-MA-04-08-51/2004030073-40839).

2. Office of Management and Budget is directed to present this

Resolution together with a sight draft marked "DRAWN ON IRREVOCABLE

LETTER OF CREDIT OF NORTHERN TRUST, NA, MIAMI, FLORIDA, NO.


SLC500211" to the office of Northern Trust, NA, 700 Brickell Avenue, Miami,

Florida 33131, Attn: Letter of Credit Dept., on or before the expiration date of the

credit.

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 Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted

this __ day of January, 2008.

ATTEST: Jeffrey K. Barton, Clerk


By~~~~-~~~-------Sandra L. Bowden, Chairman

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

2 F:\Attorney\Nancy\DOCS\RES\Reso calling range road compliance.doc

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY £J<f 4if(_H:-J WILLIAM G. COLLINS II

COUNTY ATTORNEY

147


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING DEFAULT BY THE EDDIE HUGGINS LAND GRADING CO., LLC, UNDER THE TERMS OR CONDITIONS OF SECTION 934.07 OF THE CODE OF INDIAN RIVER COUNTY, AND AUTHORIZING STAFF TO MAKE SIGHT DRAFT AGAINST FIRST NATIONAL BANK AND TRUST COMPANY OF THE TREASURE COAST (NOW KNOWN AS SEACOAST NATIONAL BANK) IRREVOCABLE LETTER OF CREDIT NO. 2006-07 DATED MARCH 29,2006.

WHEREAS, The Eddie Huggins Land Grading Co., LLC posted a

$51 ,490.00 compliance and $18,860.00 restoration bond in the form of a First

National Bank and Trust Company of the Treasure Coast (now known as

Seacoast National Bank) Irrevocable Letter of Credit No. 2006-07 in the total

amount of $70,350.00 to guarantee compliance with the conditions of site plan

approval of Ranch Road Sand Mine (Site Plan No. SP-MA-05-01-

02/2004040371) and/or restoration of the site; and

WHEREAS, The Eddie Huggins Land Grading Co., LLC is in default under

the terms of its site plan approval by not using approved haul routes,



1. The Eddie Huggins Land Grading Co., LLC has defaulted under the

terms or conditions of Indian River County Ordinance 934.07, and that the

amount of the draft represents the amount required by the County to fulfill the

performance of compliance ($51 ,490.00) with the conditions of site plan approval

of Ranch Road Sand Mine (Site Plan No. SP-MA-05-01-02/2004040371 ).


2. Office of Management and Budget is directed to present this

Resolution together with a sight draft marked "DRAWN ON IRREVOCABLE

LETTER OF CREDIT OF FIRST NATIONAL BANK AND TRUST COMPANY OF

THE TREASURE COAST NO. 2006-07" (now known as Seacoast National Bank)

to the office of Seacoast National Bank, 815 Colorado Ave., Suite 205, Stuart, FL

34994.


the motion was seconded by Commissioner ____ , and, upon being put to a







By~~~~~~~~----Sandra L. Bowden, Chairman

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

2

F:\Attorney\Nancy\DOCS\RES\Reso calling ranch road compliance.doc


BY~~ WILLIAM G. COLLINS II

COUNTY ATTORNEY

149

BOARD OF COUNTY COMMISSIONERS

Community Development 1801 27th Street Vero Beach, FL 32960 Phone: (772) 226-1237

i/9/2008

THE EDDIE HUGGINS LAND GRADING CO, LLC 2520 SE WILLOUGHBY BLVD STUART, FL 34994

RANCH ROAD LAKE, LLC C/0 STEPHEN SMITH 2020 OLD DIXIE HWY #4 VERO BEACH, FL 32962

RE: NOTICE OF FORFEITURE OF COMPLIANCE BOND AND REVOCATION OF MINING PERMIT PENDING REINSTATEMENT OF BOND

Dear Sirs:

PROJECT/APPLICATION NO. APPLICATION DESCRIPT.: PROPERTY LOCATION: PARCEL NO.:

2004040371160293 RANCH ROAD LAKE SAND MINE 5655 82ND AVE 32-38-14-00000-5000-00001.0

On January 9, 2008, Indian River County code enforcement staff observed dump trucks entering and leaving the Ranch Road Lake Sand Mine using 82nd Avenue south of the sand mine entrance, contrary to the approved haul route that limits dump truck traffic to 82nd Avenue north of the mine entrance.

Consequently, YOU ARE HEREBY NOTIFIED that the Board of County Commissioners, at its regular meeting on Januarv 15, 2008, will consider pulling the compliance bond (Irrevocable Letter of Credit No. 2006-07, established by First National Bank and Trust Company of the Treasure Coast) for the Ranch Road Lake Sand Mine project. Moreover, if on Januarv 15, 2008 the Board votes to pull the compliance bond, the County permit for the mine will become invalid and operations of the mine must cease until and unless a new bond is posted.

In accordance with County Code Section 934.07(5)(1), any person receiving written notice of suspension of a mining permit and bond forfeiture may, within 15 days following the date of such notice, enter an appeal in writing to the Board of County Commissioners (see attached).

Roland M. DeBlois for Robert M. Keating, AICP Community Development Director

Attachment: IRC Code Section 934.07(5)

cc: Board of County Commisisoners Joe Baird Robert Keating Roland DeBlois Will Collins Kelly Zedek

zpermit.denyltr Proj./Appl. # 2004040371/60293

BOARD OF COUNTY COMMISSIONERS Community Development 1801 27th Street Vera Beach, FL 32960 Phone: (772) 226-1249

1/9/2008

RANGE ROAD MINE, LLC ATIN.: 1HOMAS HAMMOND P.O. BOX 3278 VERO BEACH, FL 32964

RE: NOTICE OF FORFEITURE OF COMPLIANCE BOND AND REVOCATION OF MINING PERMIT PENDING REINSTATEMENT OF BOND

Dear Sir(s):

PROJECT/APPLICATION NO. APPLICATION DESCRIPT.: PROPERTY LOCATION: PARCEL NO.:

2004030073 160290 THOMAS HAMMOND SAND MINE 5855 90TH AVE 32-38-14-00000-3000-00002.0

On January 9, 2008, Indian River County code enforcement staff observed dump trucks entering and leaving the Thomas Hammond Sand Mine using 82nd A venue south of the sand mine entrance, contrary to the approved haul route that limits dump truck traffic to 82nd Avenue north of the mine entrance.

Consequently, YOU ARE HEREBY NOTIFIED that the Board ofCountv Commissioners, at its regular meeting on January 15, 2008, will consider pulling the compliance bond (Northern Tmst, N.A. Standby Letter of Credit No. SLC50021 I) for the mining project. Moreover, if on January 15. 2008 the Board votes to pull the compliance bond. the Countv permit for the mine will become invalid and operations of the mine must cease until and unless a new bond is posted.

In accordance with County Code Section 934.07(5)(±), any person receiving written notice of suspension of a mining permit and bond forfeiture may, within 15 days following the date of such notice, enter an appeal in writing to the Board of County Commissioners (see attached).

Roland M. DeBlois for Robert M. Keating, AICP Community Development Director

Attahcement: IRC Code Section 934.07(5)

cc: Board of County Commisisoners Joe Baird Robert Keating Roland DeBlois Will Collins Kelly Zedek

zpermit.denyltr Proj./Appl. # 2004030073 I 60290

II A[)_

INDIAN RIVER COUNTY, FLORIDA.

MEMORANDUM

TO: Joseph A Baird; County Administrator

MENT HEAD CONCURRENC~:

FROM: Stan Boling, AICP Planning Director


evelopment Director

COMMUNITY DEVELOPMENT

SUBJECT: Consideration of Establishing a Process for Revising County Mining Regulations

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 15, 2008.

BACKGROUND

On January 7, 2008, the Board of County Commissioners (BCC) approved a 6 month moratorium to suspend the processing and acceptance of applications for new mines. The purpose of the moratorium is to allow time for the county to revisit its existing mining regulations and to consider changes to the regulations. The BCC now needs to decide how to proceed with various items, including research, expert input, public input, draft regulations, and the adoption process.

Staff has begun researching various mining issues and has begun identifying the tasks required to revisit existing mining regulations and to develop new mining regulations. As a first step, staff has structured a process for the county to follow during the moratorium period. The Board is now to consider the proposed process and provide staff direction on how to proceed.

ANALYSIS

•:• OVERALL PROCESS

There are various alternative ways to structure a process for developing new regulations. The basic alternatives are as follows:

F:\Conununity Development\Users\CurDev\BCC\2008 BCaCounty Mining Regulations 1-15-0S.rtf 1 152

• Staff - managed process: This is a process where staff conducts research, facilitates workshops, drafts changes, and takes the proposed ordinance through the conventional committee and BCC review (PSAC, PZC, BCC) structure.

• Existing committee: This is a process where an existing committee, with staffs assistance, reviews research, holds workshops, and develops recommended changes. Possible existing committees that could be assigned such tasks include:

AAC PSAC PZC

(Agriculture Advisory Committee) (Professional Services Advisory Committee) (Planning & Zoning Commission)

• Special task force: This is a process where the BCC creates a special task force and appoints members to it. The task force would perform the same duties described above for an existing committee, with staffs assistance.

In staffs opinion, it makes sense to use an existing committee to review and distill research, manage the public participation process, and evaluate options presented by staff, the general public, and experts. In addition, it is staffs opinion that use of an existing committee with broad representation would be more time-efficient than going through the process involved in forming and appointing a special task force. Of all existing committees, the PZC is the one having the broadest representation and experience with addressing development and land use issues, crafting land development regulations, and running public workshops. Therefore, staff believes that the BCC should use the PZC, with staffs assistance, to accomplish a comprehensive review of existing and proposed mining regulations.

•!• COMPONENTS OF THE PROCESS

While it is important to establish an overall process with an oversight/leadership group, there are other components of the process that must be considered. Two of these are:

• Public participation: This can include:

a) Public committee meetings and conventional PZC and BCC public hearings on LDR amendments.

b) Public workshops specially advertised and arranged to enhance public participation.

In staffs opinion, public workshops are needed in addition to conventional public meetings and public hearings. Workshops will function as an effective forum for input from experts and the general public.

• Expertise: This can include:

a) County staff. b) Invited public and private sector experts. c) Existing county consultants used by "piggy-backing" on existing contacts. d) A new, to-be-hired consultant for the overall task.

F:\Community Development\Users\CurDev\BCC\2008 BCC\County Mining Regulations l-15-08.rtf 2 153

It is staffs opinion that there are time constraints that render the option of going through the RFP, selection, and contract negotiation process for hiring a consultant undesirable. In addition, staffhas found that information, analysis, and expertise are being developed in other counties and at the state level. In staffs opinion, the county should be able to "borrow" such information and expertise, and should not need to hire a consultant for the overall task.

•!• GENERAL ACTIVITIES

There are a number of activities which must be undertaken in order to comprehensively review the county's current mining regulations and modifY those regulations as necessary. The following is a general outline of activities by phase of the mining regulation review process.

INFORMATION/ORIENTATION PHASE

Staff will prepare general background information on sand and rock mining. In addition, staff will conduct a BCC/PZC mobile workshop to tour existing aggregate mining operations.

DATE COLLECTION/ANALYSIS PHASE

Staff will prepare issue papers on each of the topics identified below. Staff will also coordinate with the PZC to conduct a series of public workshops, with invited experts, on the topics listed below. Each ofthe topics will be addressed at separate workshops.

a) Environmental (e.g. hydro-geology, groundwater impacts, stormwater run-off and impacts on surface waters, surface water storage)

b) Traffic and Nuisances (e.g. volumes and types of traffic, noise, vibration, and dust impacts)

c) Compatibility and Notice Provisions (e.g. setbacks, buffering, hours of operation, cumulative impacts, notice requirements).

d) Compliance and Enforcement (e.g. monitoring mining operations, enforcing mining regulations, applying penalties for non-compliance, reviewing mining permit renewal applications)

REGULATION DEVELOPMENT PHASE

PZC, with staffs assistance and input from workshop meetings, will develop proposed regulations and report back to the BCC.

REPORT/ADOPTION PHASE

By early May, approximately four months into the moratorium, staff will report to the BCC on the status of the regulation review process and shall make a recommendation to the BCC regarding whether to initiate the formal adoption process or whether to initiate the process to extend the moratorium.

F:\Conununity Development\Users\CurDev\BCC\2008 BCC\County Mining Regulations l-15-08.rtf 3 154

RECOMMENDATION:

Staff recommends that the BCC review the proposed mining regulation review process and activities, make changes as appropriate, and direct staff and the Planning & Zoning Commission to initiate the process and conduct the activities outlined above.

ATTACHMENTS:

NONE

Indian River Co, Apwoved Date

APPROVED AGENDA ITEM:

wr Budget ( 'i:k" 1/ 'f(o""g Dept. IJ ~Jv 1 let /..,<;< Risk Mgr. t · f

F:\Community Development\Users\CurDev\BCC\2008 BCC\County Mining Regulations 1-15-0B.rtf 4 155

TO:

THRU: q... FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

Joseph A. Baird, County Administrator REGULAR AGENDA

James W. Davis, P.E., ~ Public Works Director

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

Heritage Reserve Developer's Agreement for Developer Contributions to Roadway and Intersection Improvements

January 8, 2008


Sandler at Pinecrest, L.L.C., is planning to develop a 780-home, 333-acre residential subdivision to be known as Heritage Reserve, on the north side of 26th Street between 58th Avenue and 43rct Avenue, within the municipal limits of the City of Vera Beach. Traffic associated with the new development is expected to have a significant impact on several area intersections, and on 26th Street between 58th Avenue and 43rct Avenue.

To restore area intersections to an acceptable level-of-service, several intersection improvement projects have been scheduled. Many of these projects are directly related to the Heritage Reserve project and will be funded solely by the developer. The developerfunded projects are listed in the attached Exhibit A.

Four other intersection improvement projects are also significantly impacted by Heritage Reserve and will be partially funded by the developer. These four projects are listed in attached Exhibit B.

In addition, the developer will construct a 4-lane roadway, with left/right turn lanes at major intersections, on 26th Street between 58th Avenue and 43rct Avenue.

FUNDING

The developer shall pay 100% of the developer-funded improvements listed in Exhibit A. The developer shall also pay $1,280,500 toward the four improvement projects listed in Exhibit B. All costs incurred by the developer to design and construct the 4-lane widening of 26th Street between 58th Avenue and 43rct Avenue, shall be eligible for impact fee credits.

156

Heritage Reserve Developer's Agreement REGULAR AGENDA Item 01-08-2008 Page 2

ALTERNATIVES AND ANALYSIS

The alternatives presented are:

Alternative No. 1 Approve the Developer's Agreement

Alternative No. 2 Deny the Developer's Agreement

RECOMMENDATIONS

Staff recommends Alternative No. 1 - Approve the Developer's Agreement.

ATTACHMENT 1. Developer's Agreement

DISTRIBUTION

Jason Brown, Budget Manager


Indian River County AJIJRlVed

Administration ~ .. ( -Bud2et

Countv Attorney It!~ Risk Manaeement ____..,

Public Works ~./

Traffic Engineering !/~

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157

AGENDA COPY

DEVELOPER'S AGREEJ.y.!ENT BETWEEN INDIAN RIVER COUNTY, FLORIDA

AND SANDLER AT PINECREE!T, L.L.C.

FORillaUTAGERESERVE

TIDS AGREEMENT is made and entered bito this __ day of , 2007, by and between Indian River County, Florida, a politic~! subdivision of the State of Florida, 1840 251h Street, Vero Beach, Florida 32960 ("County"), and Sandler at Pinecrest, L.L.C., a Virginia limited liability company, 448 Viking Drive, Suite 220, Virginia Beach, VA 23452 ("Developer").

WITNESSETH

WHEREAS, the Developer proposes to develop a residential community, located on the north side of 26'1> Street, west of 43'" Avenue, and east of 58u' Avenue, in Vern Beach, Flori(la, to be !mown as Heritage Reserve ('~Project"); and

WlillRr:'AS, as proposed, Heritage Reserve will h1clude up to '780 residential units, with associated .recreational and other amenities, on approximately 333 acres of land. · A· legal description of the prOJJerty is attacl1ed as Exhibit "D"; and

WXIDREAS, even though Heritage ~eseJIIe is located within the jurisdictional limits of the City of Vera Beach, the County and the Developer:share·muinal goals and can assist each other with respect to right-of-way acquisition, roa~way and drainage improvements,. intersection improvements, and other improvements described herem;

·NOW, THEREFORE, in consideration of !lie mutual terms, conditions, promises, covenants, and premises stated herein; and other good and val~+llble consideration, the receipt and sufficiency of which is hereby acknowledged, the County ani:l the Developer agree as ;follov,rs:

A. Recitals: The foi·egoing recitals are·\ncorporated as·iffully restated· herein.

B. Site Related lll\J!l'OVements: Prior to th~ issuance Qf ·the first certificate of occupancy for any unit in the Project, Developer· shall plan.,osurvey, design, permit, and construct the following site related improvements: ·

1. Eastbound left-turn lane and westbound tig]J!-I:ilrn lane at Eastern Prpject Access on 2611' Street.. ·

2. Bastbound.Jeft-turn.lane and westbound right-tum lane at Western Project Access on 261h Street.

3. Nmthbound left-tum lane on 43'd Avenue at Project Entrance (Airporr Road).

1

f I

I ..

I !

1'58

4. Flasher convertible traffic signal at 33'd Street and 58th Avenue.

5. Flasher convertible traffic signal at 43'd Avenue and Project Entrance.

Items #1, #2, #3 and #5 shall be the total responsibility of the Developer without impact fee credit from the County. The cost of item 4 shall be shared between the Developer (25%) and the County (75%). The Developer share shall not be eligible for impact fee credit. If the improvements to 26th Street (as described in this agreement) are under construction or scheduled to begin construction within ninety (90) days, Developer may escrow the funds necessary to construct items #1 and #2 and complete said improvements as outlined in the 26th Street construction schedule.

C. Off-Site Intersection Improvements:

1. Developer agrees to plan, survey, design, permit, and construct the intersection improvements specified on Exhibit "A", attached to this Agreement and incorporated by reference herein, to Florida DOT Green Book and Indian River County standards ("Intersection Improvements") on or before the date specified on Exhibit "A".

(a) These improvements shall be completed and accepted by the County on or before the date specified or event specified on Exhibit "A" hereto, provided that the County shall review and approve submitted plans in a timely marmer. The County agrees to review and approve or respond with specific requests for additional information within thirty (30) days of submission. Failure to reply in the stated time frame shall extend the completion deadline at the rate of one certificate of occupancy for each week that the County fails to respond to or approve submitted plans.

(b) The County shall negotiate with its Consultant for thirty percent (30%) design, engineering and right-of-way maps for 26th Street from 43'd Avenue to 58th Avenue. The design of the roadway shall improve the existing road from its current two lanes to four lanes and the tum lanes at each entrance to the Development from 26th Street as required by the approved traffic impact analysis. The design shall also include sidewalks along 26th Street and 43'd Avenue as designated by the County. Upon completion and approval of the thirty percent (30%) design, Developer will be responsible for complete design and engineering, and for construction of the improvements to 26'h Street between 43'd Avenue and 58th Avenue. The Developer shall submit fully engineered plans to the County for review and approval. If the parties cannot reasonably agree on the plan and design of 26th Street, then Developer can opt out of this requirement of the agreement by paying the Development's required impact fees. Upon approval, the Developer shall be responsible for the following:

(i) Solicit public bids for the construction project.

(ii) Obtain all permits and approvals needed for the Project.

2

159

(iii) Construct all aspects of the Road Project and supervise construction of the Road Project, including all entrances, tum lanes and driveways, signage, signals, striping and maintenance of traffic.

(iv) Undertake any required habitat and tree/landscaping mitigation and restoration necessary to the Project and monitor the mitigation and/or restoration.

(v) · Divert all stormwater from the Project onto Developer's property. Developer must accept all stormwater from the four-laning of 26'h Street (581

h Avenue to 43'd Avenue).

(vi) Acquire right-of-way as needed for the Road Project in addition to the County's existing right-of-way, in the same manner as specified in this Agreement.

(vii) Dedication (without compensation) of development property to the County to provide corner clips at development entrances.

2. Upon completion of the Road Projects in this Agreement, the Developer will convey the Road Projects, together with the needed right-of-way, to the County, subject to the County's inspection and approval. Developer shall warranty the Project for a period of one year following the conveyance to the County. Following the one-year warranty period, the County will then be responsible for maintenance of the Road Projects.

3. County, with the assistance of Consultant, agrees to identify any right-of-way required for these Improvements and prepare legal descriptions and parcel sketches. The County Public Works Director, or his designee, shall determine the size and number of parcels to be purchased. Developer agrees to prepare appraisals and to make a good faith effort to negotiate purchase prices for the required right-of-way. The County shall approve all purchase prices. Developer shall invoice the County for the reasonable· costs of appraisals, closing costs, including purchase price, and the County shall reimburse the Developer for all such reasonable costs. If the Developer is unable to acquire the needed right-of-way, the County shall initiate the eminent domain process within ninety (90) days of notice by the Developer that the right-of-way could not be acquired through negotiation. If the County fails to initiate the eminent domain process in the time described herein, Developer shall be excused from performance of any obligation dependant upon the acquisition of the Property which might have been acquired by eminent domain, and Developer shall be permitted to proceed with its Project through completion, including all certificates of occupancy as if the excused obligations had not been part of this Agreement. The County, through its Public Works Director or his designee, shall have thirty (30) days to review and approve reimbursable costs. Failure to reply to Developer within thirty (30) days shall constitute approval. All costs incurred by the Developer to plan, survey, design, permit and construct 261

b Street from 43'd Avenue to 581h Avenue Improvements

described herein, except those reimbursed by the County, shall be credited to the Developer against Developer's traffic impact fee.

3

160

(

4. The Developer shall contribute to the County the sums of money ("Contribution Amount") toward the Intersection Improvements specified in Exhibit "B". For the purposes of calculating Developer's Contribution Amount, the parties shall use the Developer's Traffic Impact Analysis dated December 2005 and the law in effect at that time.

5. The Developer's obligation with respect to the Intersection Improvements and Contribution Amounts specified in this Agreement shall be deemed satisfied so long as Developer is in compliance with this Agreement. Developer shall have no further obligations, nor shall Developer be required to make any additional contributions, with respect to Roadway Improvements in Indian River County other than as stated in this Agreement, except that Developer shall be required to comply with the "State Road 60 Interest Share Fee Ordinance", by paying any fees required thereunder; and except that if Developer elects not to construct 26th Street as described in Section C.l.(b) above, then the Developer may be subjectto the County's Proportionate Share Fee Ordinance. ·

D. Stormwater Management: The Developer agrees to incorporate, at no cost to the County, sufficient capacity in Heritage Reserve to provide stormwater treatment and storage from that section of 261

h Street expanded to four lanes between 581h Avenue and 43'd Avenue.

The Developer shall have the responsibility to design, permit, and install any drainage. improvements required to direct tbe stormwater from the impervious area constructed by the Developer to the approved stormwater management system.

E. County Purchase of Right-of-Way from Developer: The County agrees to purchase the right-of-way on 261

h Street, 43'd Avenue and on 58th Avenue described and shown on Composite Exhibit "C" attached hereto and made a part hereof for a purchase price of Fifty Thousand and No/100 Dollars ($50,000.00) per acre or fractional part thereof. The property to be purchased as right-of-way consists of 3.33 acres or 145,107.7 square feet with a purchase price of One Hundred Sixty-six Thousand Five Hundred and No/100 Dollars ($166,500.00). The Developer shall convey title by Special Warranty Deed and shall provide title insurance at its own cost, and shall pay for documentary stamps. County shall pay all other costs. Closing shall occur on or before December 30, 2008, failure of which shall terminate the obligation of the Developer to convey said right-of-way to the County under the terms and conditions stated herein.

F. Impact Fees for 261h Street Improvements: Developer shall receive traffic impact

fee credits for the costs approved by the County for the design and construction - including right-of-way acquisition- of the 261

h Street Improvements described in paragraph C. Should the total cost of construction of 26th Street Improvements exceed the amount of traffic impact fees to be paid by Developer, the Developer will be paid as follows in paragraph G. ·

G. Invoices: Any invoices submitted by Developer to the County for the County's payment shall be reimbursed by the County according to the Prompt Payment Act. (Sections 218.70-218.80, Fla. Stat. 2004).

H. Insurance and Indemnification: During Developer's performance of any construction in County right-of-way covered by this Agreement, Developer shall provide the County with evidence that Developer or the Developer's Contractor has obtained and maintains

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ti1e insurance Hsted below. Developer .or Developer's contractor shall procm·e and mamtnin fo1· th~ duration of all consb'Uction contraci:B, insurance against claims ~or injudes to pei'sons or damages to property, which may arise from or in ton:ilection with the perfor;mince of the work heremider by the Developer, his agents, representatives, employees OJ' subcontractors.

1. Minimum Scope of Insurance

(a) Worker's Compensation as required by the State of Florida. Employers Liability of $100,000.00 each .accfqei).I, $?00,000.00 disease policy limit, and $100,000 disease each employee.

(b) General Liability $1,000,000.00 combined single limit per accident for bodily i:Iijury and prop.erty damage; COunty ,'lJi:all be an additional insured. Auto Liability $1,000,000.00 combined single limit per accident )'or l?odily injury and property dmnage, for owned and n0n-ow.nef1 v.ehicles. c;!ounty shall ·be. an aildil1o:Iial insm;ed.

(c) Professionai Liab.ility J:osur~nce pmvidingc<:Jv.erage for futentionril; rec;IP.ess or .negligent acts, errors, or omisoions col)lmittee or alleged ·to have been tommiaea by Developer's Engineer with a limit of $500,000.00·per claim/annmil aggre~;:ate.

2. There shall be no more tbal) $5,000.00 deductible per claim amount unless approved [ly the Cll.uniy Risk.M!il!ager. Any qeductibles or self-insured retentions greatei· than $5,000.00 must be BPJiroye,d.'by tile Risk Manager for Indian River Comity with the ultimate responsibili~y for same going to the Developer.

3. .Developer's insui'ance coverage shall be primm·y.

4. All above insm'Blloe poHcies -shall be placed:w1th 'insw·ers with :a. Best's rating of no less than AV. TJ1e insurer clios·eu Shall aiso be licensed to do busfue~s in Fl.orm.a.

5. The insm;anc_e· ptili.qie.s. procu):ed sl!yll be per .. occurrence policies or as genemJly. available on tt\e op~n jn~uranc.e m!lrket.

6. The insurance cartlers s.hall s.upply Ce.riific~tes of: Ins11ra;nce. evidencii;ng silch coverage; to the indian .Riv.er. County Rlslc lv[al)agement Department prior. to the C:ommencement of any worlc h1 a Co_mity right~of"way·, · ·

7. Th~ i,n§ur?nCe .companies selected shall s~nd wdtten 'VerifiCation. to the. Indi.an River County Risk Managerilelif Department that tbey will provid.e thhty (30) \lays wiltfe:Ii notice to tbe Xndian River County ·Depbr\menr of Risk M~nagement of its intenf to cancel or temJinate said policies of_lnsurancfl,

8. . A '?lritten safety .inspection plan must be submitted to the Indian River .Comity Risk.Manag<lmelif Deparbiletit. for apprciv.al prior to the commencement of a.ny wor)<: in. a Countx l'lght-of-Way~ ·

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9. Developer shall include in all subcontracis for .subcontractors the ~hove insurance requirement or show them as insured under ·its policies .or shall furnish separate certificates and endorsements for each subcillltriictor. All coverages for a)lbcontractors shall be subject to all Of the requirements stated herein.

·10. Developer berel:Jy .·agrees to indemnify lirdian River County and representatives thereof from all cla.Uns ··arising solely from intentional, reckless or negligent acts, ·erTors o1· ·onJissions of the Developer. or De'llelo.pers' representatives in the perfonnance pf seJ:vic<;s un!ler this Agreement and for whi<:Jh Dey~loper is legally liaple.

I. Cpnclli'rency: County and Developer acknowledge that amendinents to Chapter 910, Indian River County Code, [.lmvid:e that whenever a non-propo,tionate faii· share deveh:ipefs·.agr'~er,ilelit.is executed by :ap.!ipplipimt,. •!n!i that developer's agreement commits the applicant to ·consl)-uci major capacity"prodii.<,ling franspoita:tion improwments, the applicanfs. projed may be. vested for transportation-.concunency witl1.a :sev.en :(7} ,year initial concm:rency· ceitificate if tl1e Board of Cotmty Comiliissii)nets finds- thai:· (a) \he applicant's proposed impmvements will provide sign_i;(lcai)t benefit~ to U1e !r~:nsportation system, and (b) all.otber concurrenc;y requirements, incll)ding p!lyment -of all applicable impaCt fees and dem6nsfrafion of avail a ole capacity .on all impaCted lfnks, are met. (For p1.1rposes of this panlgraph, .S116h · an agreement shall be called a "Qualified Noh-prop.ortionate Fair Sham Developer's Agreement".) County and Developer agree !hit! this J)ev_elbper's Agreement w111 b_e· ·a Qualified Nonproportionate Fair Share J)eveloper' s Agreement pUl'smmt to aqo]lted !\!Tie.t~dmelltS to Chapter 910. Therefore, recognizing. that the applicant's proposed:.irnprovemetits will provide significant benefits to the transportation system, CtiU!lty agrees that tli'e applicant"s pt'cij<lct will be vest~d foi' transportation concurrency with a seven (7) year initial concurrency certilicate upon execution of this Agreement by the .Bo.ard of CoUri\y Coll)ltjissioners.

}-, -Rbadway Improvement -Project Timmg: Develaper agr·ees to diligently prosecute the deslgn arid construction of the Roadway improvement Project. descdb.eil hei'efn. The englneei'irig and design functions desciibed. in. Sectio11 Cl(b): above ·w~i ~e complet.~q within twelve (12) inoJJ.ths after 'com;pletion and appmy~l of \be thh·iy ]Jerc.ent (30%) ,design, At such. time as ali right-of-way acquisitions are completed, all .. appr6pr1ale permiis are issued, the competitive l;>idding_process is.-peJformed, the .Pxoject is awarded to the roadway conltat:lor ani:! a_pproved by the Public Works DireCtor, construption activities ·shai! commence within .. ninety (9:0) i:lays tl\ereiiftet. The Roadway ImproveJnertt P:roject·sll.all be pompleted wHLrin eighteen (1&) months of cqi:iniJ.enccment of work. ·· ·

K. .Project Pe1fOm1ance Securil]::

1. T:o secure the p~rformance of DeyelopeJ: ·and p~yment of all expense~

asso.ciated with the.RoadwayJmprpvem.enfl'roj'ect, :QeveJoper agrees to establish and maintain a Peif0rm8.llce Security Insirument during t11e term of the Project. The Pe1formmice Security Jn0trument shall take tlle fonn of a cash deposit or irrevocable letter of cre.dit. If the cash· option 'is :elected, required sums shall be J?Osted With the County as. Es,q;QW.Agent. ll) th.e event thnJ ~11

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irrevocable letter of credit is utilized, the fonn and content thereof shal1 be approved .in advance by County, ·in lts reasonable discretion. ·

2. The amount of -the Perfom1ance Security Instrument to be pledged. by Developer to secure its _perfonmince· !:iereunder shfll1 be one hpJJ,dred fifteen: per9ent (115%) of the Rciadway h:i:Jpi'oven;>ent Project._qosts as provided in tbe preliminary estimate ofprojeGt costs refer1·ed to in Exhibjt "B". The funds or irrevocable letter of credit (as selected by·D~veloper) shall be posted by Developer no later than fourteen (14) day& following the COJl1pMion and approval by the County of the thirty percent (30%) i)esigil as referenced in paragl'lipf} C:l.(b) herein, and shall be maintained throughout the term of the Proj~c!, ~ubject to reduction, as provided b¢low. ·

3.. 'The ainount of tlie Performance Security- Instrument shall be ipcreased or reduced, a& applicable, at such time as: tlJe fiJJal Roadway ln;lprovement Project ·costs are . determinea and establisheil.

4. County and .Developer agree that the Pe1fo1'nance Sel;\nrity. lillih'!lment shall be inci'ei:ilentally reduced over tl1e course of _ihe Roadw~y ln;lpl'OVement Project ns:,provided be~ein. At suc)1 time as County is notified by Developer. ti1at n Reduction -Event (as defined below) has_ Of:,c:nrre~, Co)!rity _agrees to cooperate in the initiation and impiement~tion of ali activities -n~cessary to reduce the sumty instrument, wbic)l shall ilJvolve the redttction of t)Je cash deposit, orlett.et ofcredit, aS'1\PiJiicabie. The amount o! arty such.!eduction shall be equal to, the sums paid by Developer, anil apprqved by the County,_ since the _preceding Reduction .Event, Gr as postei! QY a tlrlrd par(y asJri~l\'l!ted in the- Reduction Event. PI;o_vide.d, l10weve~; in;ilb <went may any reduction of. the Perfoririimiie,Security Instrument-result.in a final perfon;nanc;e ·s~c;u!·ity a;nount balance which isless··thirn. one h1tndred :fi:fteen perc~nt (115%) of. the funds-necessaty to complete !lie Roadway Improveme1it Project. Further, reduction~ to the Pe1formitiie.e ·security Ii:Jstniment shall occur no more :frequently than quartedy during the term hereof. Reduction requesis s)l~(l be f\ggregated during each :qual't"Bl'; and IDiplement!>ii.qy tile pru·ties on:~ ilme:-during eaclt three month peiiod.

5. F.or :purposes o{ this Agre!'lrnent the. tenu ''Reduction Eveilt'' .shill! be defined as: (a) Payment o:i'"any installment or draw fo a contractor or pi'Ofessionai.in connection with prosecution of the_ Roadway Improvement Project; or (b) Payinent of tlny· pl'opoit)onate .· share contribution of Roadway Improvement Project costs by ~ participating party as _provided beiow. ·

6. The requirement of a ·Perforn:uince. :sectirity illstniment shall terrpinate upQn (he earlier of (a) Payments pursuant to subsection 5(\J) above- equal to one .)i);llld~_ed. fifteen percent (115%) of Roadway Improvement Project cost~; 0r (b) Developer -completes perfon:i:Jance of th\l Roa"d:way Improvement Project, pays all apr.licable- parties in full,. and the Roadway hnprovemenis are ·accepted ror.main~enance by-County.

7_. . Thr Prqject traffic impact fees ·shall be reduced by t)ie ~mount; of Peiforrnaniie.se·curity -issli.il:d liy Peveloper.

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L. Miscella))emm:

1. In the event of any litigati_on .a:i'ising out of tlris Agreenlt;nt, each party shall pay its own attorneys' fees_ and co~ts, · ·

.2. No amendment, modificatlciii, .change, or alteration of this. Agt·eement shail be valid or binding unless accomplished in wdting and executed b_y all of the parties liereto.

3. Tlris Agreement shall be binding upon and inure to the· benefit of the pru·ties hereto and their succ6ss6ts and assigns.

4. This Agreement contains tl:!.e entire agreement and pnderstanding b10tween lhe. pa_rties. No representation, statement, redta1, undertaking or promlse -not specifically set "' forth herein shall be binding--on any party liereto. Tirls Agreement shall not be effective unless signed by Develope>" and. County.

5, The obligations of the Developer to Uris Ag1'eement are ·expressly conditioned upon the Develcipe!''.s decision;_ at Developer's sole discretion, to proceed with the Project,

6. No Buil..4ing Perrnii, Certificate of Completion, or Certificate of Occupancy shall be withheld oi' delayed liy the County for Heritage Reserve or any portlo'Q. thereof, nor sliaiJ the Cmmty. ilclay or whlihoid any other required permits, due to the Cmmi:y's failme to perform an_y obligafiol'l ilescrlbed hetein, J,JfOVided that the Develbper-is in compliance· w"it4 tllis Agt·eement, all oth_er elements of 11:\e Development Order al'ld applicable laws rind regulptions. ·

7. E:~>t'ept ail· described herein and. jp·t)1e Dev.elopmel).t Ori:l.e:r, the Co11nty shall not require Develope.r to construct, C91liribute to, or share-in ihe c9~ts of any additiomil offsite. iroprovements,- other- than the'payD}enf of 01'0;credits toward applicalile·.in:ij:>nct fees.

8. ThiS Agreement mid .. all. matters arising hereunde~ .sha)l l;Je governed. by and construed in accordance with the i~ws ·of the· State pf Floriqa. Venue bete'l1nder shall lie )n mdian River G01Jilly_, Florida. Tiroe shall be oftJie ~?sence.

9, This Agreement shall be deemed prep!!!ed jointly by e.ach oflhe parties .hereto and shall be construed bJI parity- aa ·_betWe~il the patties. Thej·e shall be nq pahon of construction for or agai;nst any p!irty by _teasoi:J. of the physical preparation of ihis·Agt·e~ment.

10. Wheneve!" the si:ngul~r· number is used in this- Agreement and When requii·ed by the context; the same s11all include. the piural; and U1e inascliline, feiniliiJie, and neuter genders shall each include the othe)'s.

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11. County and Developer shall grant such fnrther assurances and provide such additional documents as may be reasonably required by one. another from ti.me to time, and cooperate fully with one another in order to carry out the te~ms .and ·conditions· hereof and comply witl1 the el!1Jr.ess intention of this Agreement.

12. · .Failure to insist upon Strict compliance With a.ilY of the terms, cove.nants, or coriditions herein shall not be de·emecl a waiver of such terms,- covenal)ts,. or conditions;. nor shall any waiver or relingt!ishrnent of any tight or power hereunder at a.nY o.ne time or times be d~emed a waiver onelinquishment of sucluight 01• power at any other time, or times.

i3. All words, terms and co.ilditioM contained 'b:etein aJ:e to be read in c;oncert, each with the otbet, and a provision contained under one parag1·aph may be considered to be equally applicable under ~nother in the interpretation of this Agreement.

14. The words herein and here.<if and woi'ds of similar import, without reference to ,?PY pnrti.cul.ar section or subdivision of tliis Agreement, refer to this Agreement as·-a: wboleTatber·th!ui-to any pariic;ular section or subdivision hereof. . · ·

15. In the event any tenn,' contlitioil, ot.clause of this Agreement is declar~;d to be illegal or unenforceable by a court of coinp~te:I)tjurisdiction, sucl) declaration of: illegality or · unerrforceability shall not affect or alter the l~galitY or enforceability of any remaining term, condition, or clause hereof, provided of the. parties,.as set forth iu this Agreement. .

16. Time is ·of the essence ·as to all matters in this Agreement.

[THIS SPACE INTENTIONALLY LEF:J.' BLANK]

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IN WITNESS WHEREOF the County and Developer have caused these presents to be executed in their names, the day and year first above written.

DEVELOPER: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Attest: ___________ _ Jeffrey K. Barton Clerk of Court . iLZlJll·~

~,pounty Attorney ..

EXHIDJTUA'1

Intersection Improvements

EXHIBIT "B" Fair Sbare Contributions

EXHIBIT"Cl1

Jmllan lUvsr County

AdmlnlstraUon

Bud gat

Co. Atty.

Blak Management

PublloWorks

Right ofWny Acquisitions February 7. 2006 Sketch of Description Part of Section 33, T.32 S., R.39 E. Indian River County Florida Pages 1, 2, 3

EXHIBIT"Dn Legal Descriptlon- Heritage Reserve

EXHIBIT 11E" Proied Costs

10

Approved Datil

~ ~ I f) aZ (J. ...... 1'4 kt& ~ .... :,;, ld':

I r C,i!rJ rk~ '-

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..

........ . . . . . . . . . . . . . . . . . . . . . . . . . . ........ . ·.·.·.·.·.·.·.· . . . . . . . . ... . ...... . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . , ............... .

167

EXHIBIT "A"

Site Related Intersection Improvements Constructed by Developer

Improvement eligible for impact Deadline

Intersection Improvement :fee credit or Before Certificate reimbursement of Occupancy No.

l.Westbound left-turn Jane on 33rd Street at 58"' Avenue, no 1 including paving of 33'' Street from 581

b Avenue east to Project entrance. .

2. Northbound right-turn Jane on 58th Avenue at 33rd no 1 Street

3. Southbound left-tum Jane on 58th Avenue at 33rd no 1 Street

4. Eastbound right-turn Jane on 26th Street at 43rd yes Concurrently with the Avenue improvements to 26th

Street

5. Northbound and eastbound right-turn Janes at 58th yes Concurrently with the Avenue and 26th Street improvements to 26th

Street Concurrently with the

6. Eastbound left-turn lane and westbound right-turn lane no improvements to 26th at Eastern Proj eel Access on 26th Street Street

Concurrently with the 7. Eastbound left-turn Jane and westbound right-turn lane no improvements to 26th at Western Project Access on 26th Street Street

8. Northbound left-turn lane on 43rd Avenue at Project no 1 Entrance (Ail!Jort Road)

9. F1asher convertible traffic signal at 33'' Street and 58"' no 1 Avenue

10.Fiasher convertible traffic signal at 43"' Avenue and no 1 project entrance

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EXHIBIT "B"

Intersection Improvement Contributions

The Developer shall contribute its fair share to the County toward the lnter.section Improvements specified below:

Intersection Inwroyement Trnffic Volume

1. County approved Jptelsection lrllprovements 3.4% at 58~ Avenue and State Road 60

z. County approved Jnlerseclion lmprovpments 2.4% at581

h AveTius nnd.41~1 Sti·e.ei

3. Countl approyed lnleist:clion Improvements 3.1% nt 581 Avenue anti -451

b Street. .

4. Coun~ npprove~·"I!!~er.~;:e~~i~?n Improvements 5.8% nt 43' Avenue and State· Road 60 .

Monetary Contribution

$459,000

U6;soo

$21,700

$783,000

On~or'"=Before Certificate of Occupancy ~o.

~50

400

..

450

250

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EXJDBIT "C" ·

SOUTHSTAR DEVELOPMENT PARTNERS, INC. INDIAN RIVER COUNTY RIGHT-OF-WAY ACQUISITIONS . . FEBRUARY 7;'2006

THE WESTERLY 40.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:

"PARCEL 7"- TRACj 12, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANy, FILED IN THE OFFICE OF THE. CLT;ORK. OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK.2, AT PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

LESS AND EXCEPT THE NORTH 10 ACRES OF SAID TRACT 12.

THE WES'TERLY 5.00 FEET AND THE SOUTHERLY zo:oo FEET OF THE FOLLOWING DESCRIBED PARCEL:

"PARCEL !l" - TRACT 13, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAS\ GENERAL. f'LA'T OF LANDS OF 'THE INDIAN RIVER FARMS COMPANY, FILED IN 'THE OFFICE OF 'THE CLEfll< DF THE CIRCUIT COURT OF ST. lUCIE COUNTY, FLORIDA, IN PLAT BOOI< 2, AT PAGE 25; SAID

·LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

LESS HIEREFROM THE EAST 35 FEET OF THE WEST :60 FEET AND THE NORTH 50 FEET OF THE 'SOUTH BO. FEET AS CONVEYED TO INDIAN .f:!IVER COUNTY IN DEED-RECORDED IN OFFICIAL RECORDS BOOK 1125, PAGE 1290.

A PORTION {CORNER CLIP) OF "PARCEL B", BEING PART OF TRACT 13, SECIION 33, TOWNSHIP 32 SOUTH, RAN(3E; 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANPS OFTHE INDIAN R!VER.F'AF\MS COMPANY, FILED IN THE OFFICE. OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25; SAID LANDS NOW LYING AND BEING IN IN-DIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF AFOREMENTIONED SECTION -:33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN NORTH 00"10'09" E;AST ALONG THE W~$1 LINE OF SAID SECTI(lN 33 A 'DISTANCE OF 140.05 FEET; THENCE

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LEAVING SAID WEST LINE RUN SOUTH· 88'49'51" EAST A DISTANCE OF 66.00 FEET TO .A POINT ON THE EAST LINE OF THE WEST 65.00 FEET OF SAID SECTION 33 AND THE POINT OF BEGiNNING; FROM SAID POINT OF BEGINNING RUN SOUTH 44'51'02" EAST A DISTANCE OF 56.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 100.00 .FEET OF SAID SECTION 33; THENCE .RUN NORTH 89'49'51" WEST ALONG SAID NORTH LINE A EliSTANCE OF 40.00 FEET TO THE AFOREMENTi'ONED EAST LINE OF THE WEST 65 FEET OF SECTION 33; THENCE RUN NORTH 00'01'09" .EAST ALONG SAID EAST LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.

THE EASTERLY ~.00. FEET, AS MEASURED NORMAL TO AND PARALLEL WITH THE EXISTING WESTERLY.RIGHT-OF-IJVAY OF CLEMANS AVENUE (43no AVENUE) AND THE SOUTHERLY 45.00 FEET, AS MEASURED NORMAL TO AND PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WALKER AVENUE (26TH

. STREi=T), OF THE FOLLOWING DESCRIBED PARCEL:

"PARCEL 9" - FROM THE SOUTHEAST CORNER OF TRACT H(-SECTIQN 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACGOF\DING TO THE LAST ~:ENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILEO IN THE OFFIC .. E OF CLERK OF THE GI.RGUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BQOI< 2, AT PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, RUN WEST 45.00 FEET; THENCE RUN NORTH 00'44'45" EAST, A DISTANCE OF 404.82 FEET TO THE INTERSECTION WITH THE NORTHWEST BOUNDARY OF THE CLEAR ZONE SAID POINT BEING THE POINT OF BEGINNING; THENCE RUN NORTH 00'44'45" EAST, A DISTANCE OF 1193.13 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY, A OISTANCJ:; OF 863.58 FE;ET ON THE ARC OF A CURVE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RAD\U$ OF 1865.00 FEET, A TANGENT OF 439.50 FEET, A CENTRAL ANGLE OF 2B'14'57' .1;0 A~ POINT. OF TANGENCY; THENCE RUN NORTH 25'30'12'' WEST, A DISTANCE OF 915,00. FEET TO A pOINT Qf GURVATUflE; THENCE RUN A DISTANCE OF 221.41 FE.ET ON THE ARC OF A CURVE, SAID CURVE BEING CONCAVE To THE NORTHEAST HAVING A RADIUS OF 'l335:oo FEET, A TANGENT OF 111.18 FEET A CENTF!AL A!'JGLE oF 09'31'17.5" THENCE RUN NORTH-89'23'00" WEST A DISTANCE OF 3291.16 FEET

~~-· __ IQ_T.I:IE_W.E:SLS_O_U.NP..8BY OF TRACT 6, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE .RUN SOUTH 00'11'00" WEST, A DISTANCE OF 2175.90 FEET ALONG THE WEST BOUNDARIES OF TRACTS 6 AND 1.1 TO THE SOUTHWEST CORNER OF TRACT 11; THENCE RUN SOUTH 89'56'30" EAST, A. DISTANC!" OF :!665.00 FEET ALONG THE SOUTH BOUNDARIES OF TRACT$ 11_ AND 10 TO THE SOUTHEAST CORNER OF TRACT 10: THENCE RUN SOUTH 00'37'15" WEST, A DISTANCE OF 1269.59 FEET ALONG THE WEST BOUNDARY OF SAID TRACT 16 TO A POINT WHICH IS 55.00 FEET NORTH OF THE SOUTHWEST CORNER OF SAID TRACT 16; THENCE RUN EAST, A DISTANCE OF 978.96 FEET TO A P.O.INT BEING THE INTERSECTION OF A LINE 55.00 FEET NORTH OF THE SOUTH BOUNDARY OF SAID TRACT 16 AND THE CLEAR ZONE; THENCE RUN NORTH 41'24'36" EAST, A DISTANCE OF 466.39 FEET ALONG THE CLEAR ZONE TO THE POINT OF BEGINNING.

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THE ABOVE DESCRIBED RIGHT-OF-WAY ACQUISITION PARCELS TO BE SI-IORTENED OR PROLONGED TO MEET AT ALL ANGLE POINTS (CLEAR ZONE), TRACT AND BOUNDARY LINES ..

THE WESTERLY 40.00 FEET OFTI-IE FOLLOWING DESCRIBED PARCEL:

PARCEL 12.- THE NORTH 10 ACRES OF TRACT 12, SECTION 33, TOWNSHI.P 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLEFJK OF THE CIRCUIT COUFJT (}F ST. LUCIE COUNTY,. FLORIDA, IN PLAT BOOK 2, AT PAGE 25: SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

ALL OF THE ABOVE PARCELS SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, ABANDONMJ:;NT'S, EASEMENTS .AND RIGI-ITS-OF~WAY OF REQORD

(DESCRIPTIONS, BEARING CALLS AND PARCEL NUMBERS UTILIZED IN THE DESCRIPTIONS ABOVE FROM THE MAP OF SURVEY FOR SOUTHSTAR DEVELOPMENT PARTNERS, .INQ., PERFORMED BY MASTELLOR, MOLER.& REED, INC., PROFESSIONAL SURVEYORS AND MAPf>ERS, LAND SURVEYING BUSINESS

'#4644, PROJECT NUMBER 5186ALTA, SHEET~ di= 9, DATED NOVEMBER 26,2003, LATEST REVISION DATED MARCH 22, 2004.

DAVID E. LUETHJE SIGNATURE DATE: FLORIDA LICENSE #5728 CARTER ASSOCIATES, INC., LB. 205

S:\P\OH4ABOUNDARY\DOCS\P2-Q4,_R.OyY-Acq.doc Page3of3 ·

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mACT 12, SECDON J3, TO'.l.'N&IIIP J2 SOI)nt, ll:MOE 30 EIIBT, .Jt.CCOROINB TO TifE lAST GE"NrRl>L PLAT Of lNIDS or l}lE \!'101/llf RIYcR F:MIUS <:01~1"/\JIY, FilED 11~ 111t Offlt.E OF THE CLEJll< t!F 111£ CIRCUIT COUR'!' at 5T, tuCit cciUIJlY, R..ORI011, Ill JIL.\T DOOX 2, J.T"PIIOE 25; SAID L\NDS tlOV/ !.'111~0 NlD DEJI.ID U-1 1!/01/UI 111Vt:t! COUNlY, FlORIDA.

LES~ AND EliCEf>T THE UOFHH 10 ~CRI~S OF SNb "TRACT i~,

rAflcn a: 1JIAOT 1l, SfOJlOloJ .a:J. 'JO'V.iHstlJP. :u SOUTh!, lti.IIIIE ~D tt.Sr, AecoROJHO TO ·11!E LASl llEN£ftAL I'L.\T 01' lANDS OF ll!E iNDJi\11 lliViR l"llll!JS CID~PIJIV. fll£0 IH THt Cf1'JCE Of 'JHE: tU:Rii Oi' Tl!E CIRCUIT CO\IRT OJ' :s1 .• LUt1E C0~1JlY, f\.ORlDA. IH P.l,:/\1 ~OCJl{ 2," iol PA~E 25;_ S ... ID \.A~DS'IlDYil.\tllG' MD BEI!l!l Ill IHOI/Jl Rl'.(!lf COtlWTY, l'l.OfiiDA.

ltSS lllEREOUJM iHE' EIIST "36 FEE'f OF -o-n: W£131 00 f[E.T NIIJ llli: »t!R'JH BO fEET OF DiE SOUlH DO_'FEtT 'AS ·COH\It'l'EO 10 tiiDJAil RlVER COUHTY IN DE£0 RECORDED IH OFnCJAl RECOROS,DOOll 11!25, PME 1.~110. .

PARCEl D:

FllOM lHE SDU'lHEIIS! COnJ.jER OF' mJ.CT !II 6E¢nou 33, Toi•.NilllP 32 S<l"uTH, RMIGE 311 EI\Sij ACOOnOit:O TO-lliE LJ..ST Cf/1El1JIL Pl..;1 Of- .LAIIDS OF lHE IHOIAH nJV£0 F"MIMS CO!.!P/!liY, FllED IN liE DmCE OF CLEillt DF nit ClltCUI~ COURT or. ST. lUCIE COUII'N, noRJOII, \].j PLAT BOOIC 2, AT_ PAGE .25: 'ShlD LIMOS tiOW L)ING II~D BEINO n1 11-!DIJ.N RIVER C<JUHTY, fLORIM, ROll \!.'!6T ~MD FE.El} 1Hf/ICE r!UAI NORlH OD'#'45"E'I .. DT, .II OISTAWC& or -104.82 FEET TO iHE Jt.tlEilSEC1l!»l \',\iH lHE nulflli\\'EST ntilmoMY OF THE. Cl.tM ZON£ SliJO PaNT IIEIIIG' 'JHE P<XNT OF I.IEDJW/INO; lllfiJce HUN.ti~RlH liO'.oi-!-'<15" EA.ET, A DISTAilCE Or 1193,13 RET TO h PDlHT -OF CURV/o1UREt nlEliCE flU!iJ IIORTHl\ESIDllY, A DISTANCE or ·BDJ.'f>S Fen 0}/ lliE: hriC OF 1o. CU/l\ll, SAID CUn~ 'GEUlO'CO~!Dljvt TO llil: SOOlll\Yt:ST JV,IJIHCI A l'IIIOIUS or 1DliS.oa I'EtT, r, T/.t/Q£NT Of .4311,50.frEl, A CI~Nmhl.. A~IOtl: OF' 2D'14'D7" TO A POIJ!l Of T/,}IGENr:Yi lHDiCfi RUH llOR"'U 25'30~12" \\ti-T, A PISlAtlCE- Of IIJO,IJO fE£:110 A POI~T or .Ct.IRWITURE; n1£11C£.RLR~ A-OISJ.MitE Of 221.<\(P'EET OJ.! THE· MO o;:A W/1\1£, StJD tUR~ BEIHO 'coUDA'vr TO niE: NM'ili£A:BT llAv.ltG 'A.RAD!tiS· 01'. 1335.00. FEEl, J.. T~IIOIWT OF 111.10 mn A CIIHRAL .AI~GI,£ <ir Oll'~i•n:5•· '11-li::NCE RUJ.I ·Honm M'l3'0D'· \\EGT A DJST/oNCE OF 3!291.16'FEET TO lllE VJE:ST DO!ftiOMJY·OF 'tlJACl 6, SECTION 3J, T0\I.'HSHIP-l2 SDU'm, RAIJGt 39 E/',STI THENCE ROlf SOUTH 0011'00" V/ZST, ,._ OJSTAHCE.llf' :'lt7.a.oo F££T /11.0.'10 lliE WC;ST BDUNDAA!ts OF·mAC15 II AllO 11 70 11if S.OUnJ.\\l:Sl. C(l_R!JEn or 1RACT j11 JHENCE fiUII SOUtH 110'58'30~ EAST, A DISTIINCJ: OF ~86.00 I'E~T /lt0.\10 lifE SOUTH DOIJIIDJ..niiS fJF·mAOTS U hrlD iO TO lllE SOUTJ-IEJ.S'r.GOAllrn OF IDACT 10: 1HEtiCE RUN 50UltrtiD'J7'111' .. \\tST, A DISrNlGE OF \Z.OB.69 FEU /ll.OitG THE Wi:S'l BDUIIOIIRY OF SAID mACT !6 'ro IJ. PD!IlT \\t!ICH 15 MOD F£1!.T llflRlH tlr .. 1l!E SOU'li/W<:Br Cllfii!EI< 01' S,\ID 1nt\Ol 10:. niWC£ mm EAST, A DISTAIICil Dt' '07a.llO FEET lCl II J>Oit4T DEt~D lHI! llrn:tiSEOUml OF 1! UUE 55.00 fEI:.'T Wo.<tni DF 1tlt' 50UTH BOUNDARY 'OF S!llb 'TRACT 'IJ .VlD TliE CLEh.ll 20NE1 lliEUCE RUN /IORni U'2<1'3~" t/IST, h D\stMI~- OF 401i~ll FUT .IILCUlO Tl!E CLE:Ir.R · 2ot/E TO 'J)I[ I>OI,Ht 01" DEO,INI!ING. • • . . .

PNICEL 101

1Br WI:Sl HALr OT 'rilE EAST 2M!2: t.CRES or mi\CT ~ 'lLESS CI>J'lAl) AND o\~0 lllt EAST tiAlF OF liiE EAST :ID.92. ACRES tJY ·lij.\CT of (LESS CAUAL), m SECTitJ}I ~. TOV."SIIIP 32. SI)IJ'ftl, MHOE JO EAST, I.CX:ORDING TO 'DIE. lAST GEIIEriAt l'lAT 01' J.N.ID!;!i OF 'nlE I»DJ/11~ niWit rMJJS COMPJ.H'{, FILED IN 1llE DFADE or 1HE .CLEIIX (lf Tilt ORCU!T llOURT OF ST. LUCIE: GOW~tr, FUJniD/1, Uf PU.T IJOOX 2, AT _-PJ.tE-251- SAID tA!10 llDW t \1NG 1\l~D BEING- !H llf'Olllll ni\IJ!rt COUHJ)',. FLOmOt.. . •

--·· I . lliE U.ST 20 ACRES or 'mi\CT 6 StCllOR 3J, TOI'.'HSIJlP 32.SOUlH. RAIJGE 311 EAST, IICOORDIIIU T.C li!E U!ST GfliERIIJ. PU-.Y or LAIIDS OF 'Illt I~DIAIJ Rllli.:R FMJAS COllPIItiY, Flt.m 111 'n)t O:FfiCE. OT nit C\.f/11{_ OF ·m'E CIRCUIT CO~T Of ST. LUcn: CDU»l'J', FLO.RlDA, IU PLJ,l !lOa( 2, hi Ph!Jt 2SI SAID l.AND NOW 1.'/lNO IIIlO BEllm a.! INDlf1N RIVER COUI!TY, FLO~JDA, Pl\llCEL 1.21

' . 11-/E tJORlll Ill ACJlES OF lRACT' 12, SEC11011 33, TOWNSHIP .'12 SOU'lll, RI-UG£: 3~ EAST, AIXOIIDI~G lti1Ht V.ST GOIEAI.l Pi.J.l' OF t.AHOS OF Tilt IJJDIAl~ m\IEA rAnus COIJPJJ-n', f'llEO ltl lHE OffiCE O}' lilE CLER!( UF 1HE CIRCUIT C~URT OF -ST. LUCIE COUH.lY, Fl.OfllDA, IN P.t.hT BOO)( :2, I.T PAGE; 2~ S/110 t.AWDS Ho'N L 'l1WCI J.llO DEUIG nJ lll?lNJ lllVr:ij COUlfTY, FLORID/\

l\l.SO DEING DESCRI.IlED liS' FOU:D\tiSt

13tiNG h PART Of 1'M016 '· 6, 6, 7 II, II, 10, 11, 12, 13- .MID 10 Of SfCllCIN .:13, TO\\U.'li11P 32. SOUTH R-'!iGE 39 EAST .\CGOnDJIIIJ TO lHE LJ\Sl GEIIER/.l PLAT OF LANDS QF lliE lllOJA» 11!VEA FliRMS COMPI'INY SUIJDIIAS!ON, fll.EO IN 1HE OFf!CF. Of lllE Cl..mK or COIJJlT ·or 97. wt;lE !:OUW'IV, FLORIDA IU P~IDOOII 2 PhGE 2.!1, SAID lhllDS tlOW l'tiNG MIO IlEUm l!~ hiD.~ RIW COUl-ITY. FLORIDJI, BEitiO MORE JULl'l' D~CRIDED /IS fOtlO\'ISr

COlUJEilCltiG AT llff: SOU'DJWi:&J CDRl~ER Of SJ.IP stonDN .JJ: J}tti:ICE Ul7'01'30'1: />. DISTA»U: Of' 100.03 fEET•'Tb lli[·l)llEnSEJ:ll~i OF 'nlE EAST. RIGHT OF VIAY U11£ OF. !ID1li AVENUE' RID lHf h0JI1H ruq.HT:Qf. ,\'lilY UNE DF 1&1H S'fflEET, SA!J) POI!b a'tljl~ 'JH£· POit!T or DEG»tt!~GI lHI:JltE /!tONG sf.Jp EAST IIIGiil OF WAY UIIE., ii0010'0il"£, ·h DISTANCE: OF·,~2.1G;lll · FEET10 lHE .ttO~TH LJNE,_Qf SAID 'lRI\CI, 1~1 UjENCE .ALONG'SI\ID EAST niGHT Of WAY ~WE OF .~Bll-1 A~I\IE AND THE }IOnlH UIJE ·or· StJD 'ffiACT 13, ·rm_g·~'JO~\V, .A DlSTAit!lE o( . ~5.bn fttl; 1110!~· OOllllUIJE. Atotlll BI\IP EAST niGHT OF-WIN UIU:; :1~011'10'0&'£; A DIS!AJ~CE Of I,ZDB.t4 h:ET 10 ii!F.. SOUlll RIGHT OF' V1J..V Ull( OF tA1Enl.t OMIJJ.. A'-~ J.S SH0\~\1 CU PLAT Of' SJ.!O J»>ll.i.N niVfR-F/IIU!S COJJP.:A»\' SllDDMSIONJ »IF.NCE CQ!ffitiUE ALOUD 50UlH RIGIH OF WA'i .LINE Of S.OO U\lERAt CAflAL 11.-.t,, SB!l'.oiD'Jrt£1. II QlSTJJlCE or 55-1.00 . FE£T TO 1l-!E ·SOUTHERLY EXTE'IL!IO!l 01 lllt .\\tST.LIHE OF' 1HE tA~ 20 1\CRts OF SldD lRMIT·n.·'l)ifMcr fo.(O,WG 111f: §i0\j11~ERL'I' EX'refiSlOII. lltltl '111( V£ST uiiE OF lllE: EAST .2B ACRES Cil" :SAID lRo\CT S. iliJO~~OB~E, A O!Sl!.t~CE 6F 1.357,'18 F.):.tJ. 10. 1J-IE UOR1ffi\'EST CORIJE(I Of lHE E.IIST 20 lr.CRES·.Qf .S'Alb 111AC1 tl; .:nJQtCE· A\.ONO Til£ BOUlli U»£ OF s.\ID.'JRACT;tl,· HBD'41'13'W, /.. DISTANCE OF 30,18 ftET 10 1HE sbUTH\'.tST CORNER. OF ltU: EI!'ST !10.»2 ACP£'il ot SIIIO lRhCl 41 lHEJIC£ A\.OilG 11!£ \\EST l.ltlt" Of TilE. EAST 2.o.az ACR~ OF S/\lll miiCT ~. U00'22'n8kt, A OISlAJICE CF 1,201.70 FI!ET TO lH£ HOHniW<:Sl C0.'1tlER {JF llit.E'AST .20.92·11GRES-OF SAID mMl' <I MID J,LSO Oil 'n:lt SOUnl lURin OF \'JAY UHE OF LAltnhl c,,NAL /.;.5 .AS SHOV.W ml SMIINDih!I.RilliR FIIRJ.IS 00ll3'1i»Y -st.IBOJ\'ISIOllJ lii!:HCE: ,\LQH'G 1HE SOUlB-Rl!lHT '01 \VA 'I UHE or SAID l.A'lmld. <lhHAl A~6, SS9~-11'51wE, A OIST..U.JC£ OF .UDii,?..oj FEET TCI lHE EASl_ LiN£ OF SAID mAC! "I )IIEN'CE·. A,Lo~O JHE EAST liNE ~ SAID mACTS 4 AUO 8,. S(l1)'22'DB•I'J, A_DISTAUCE 01" 1,7n,ao l'ft'fJ 1HENCE SBI1'12'.:5D"E, A.DIBlANC.E OF' 3,2f!J,!lD FEET TO. THE POiNT Of CIJRVE OF II IIOW.TllHGEJU CUll \IE lOOf,TEt> ON 'lHE \\tST !limiT Of Wfr,Y UllE DF .oiMID AVWU£1 TH!!t~Cf lHE FOUDl\1110 CAUS 'Al.O.'lo lllE 1\'EST .. · lflGhT OF WAY UNE or ~RD AY"tNUE1 'lliEJICt /llO}IQ A ·CURVE TO 1m. l..rFJ, or Wrfll:tl W~ RAIJ!IJS ~DI»T:Uts H:IA'I2'6D"E HAV!liG h DRTA 01' On'J1'33'"A RADIUS or 1,33&:oo fEET A» Me trtUm-1 .OF 221.{15 fEET; lllENCE 625'\D':sl~r, A D~MtCE <H: 91-Ml:J F££T TO lt. POIIfJ OF t;tmvc: lHEtlce. AlOJIG J. CURVL 10 Til£ ~JQ~T llAWIG A Dfl.TA OF 20'1>\'01" h< RhDIUS 0,"' J,OQO.GO ~E'( AIID AN MD LEI'Hlni or UiJ3.~7 ftEll :tl-JEHCE'BDd~~-27"\V,_ /1. DJSTAUGE Of J,1'i13,1lZ fEOJ l}IOJCE IL\"HO S/.10 l~T RIGHT OF WAY Lltlt1 S?1'4?.'17"W, A:Dl~TI!Uq£ Cf 4611.62 FEET TO lltf: llOR'lH.RlGHT OF WAY UHE OF .28TH SlREETI lHENCE. JJ.ON.G nJE:UOJml RIGilT.OT \'JAY UllE or SJJD 2.GTH S'm:ECT, NII9'4-4'31'W, A t>ISTAt~CE OF D71l.~ rm :10 1HE \Yi::ST Ut~E OF SIJD 1nAOT 12J 11-lEUCt /ILOUB THE ·'M:'ST UNE OF S1110 11V..CT 12, J.IDO'ol:1'-4oll"f:. }, DI$TJ.ItCt Of l121i1.1D fltl lO lllE _l,Oifil-1\l,'i!Sl' t:OOtiOt Or S/1.10 lfL\W I::!; l,HEWC£: /J_Olm mE SDUlH UHE Of SNfl mAOlS JO AtiD ';1, tiDIJ'·f.f.'"'9~W, h DIBTmCt or 2,9£4.>\B Ff.ET To· THt HORlHEAST CMijiD :or S!JO 1nADT !31 iiiEliCE /ltOW~ lHE £AST UJIE 'OT SND 1IlJ\tT IJ, SPQ':23'oa"W, II DIST/!»CE OF 1.~~ol:ao fEET 10 nJE'l~DTllli RIGI!T OF WhV Um: OF 5Mf) l<!D1H STTIEET: li!ENCE hl.OJJO BhiD·UORllf RIGliT -or Wll'f Ul~E Of 6/JD 26ni:Stnn:r, }lflii'G:!-'14•\'1, A DISTAJICE OF 1,267.10-rF.ET T(l n-IE I'OifiT Of OEGIJ.IUJIIU,

CO!IT/JNUIG H,GIIB,OD7 SQUAfiE FEf.j OR .336.73 AC{tES, l.lO.~E OR LESS.

176

E)lJ-IlBIT "E"

26TH STREET ROADWAY WIDENING (58rn A VEN1JE TO 43n:o A VENUE)

ENGINEER'S OPINION OF PROBABLE COSTS Based on comparative analysis performed by Kimley-Hom & Associates, Inc. for 30% Complete

Construction Plans for Aviation Bmilevard Segment between US Highway 1 and 43'd Ave.nue

• Em~thw.ork

• Paving

.. Cmbing

• Drainage

~ Sidewalks

• Stl'iping I Sign age

• Signalizntlon

• Lnndscape I Irdgation

• Ilardscape

e· Lighting

• Miscellaneous (Mobilization, Main!. Traffic, Elect., etc.)

• Engineerin·g I Surveying

a Contingencies (10%)

TOTAL

177[

TO:

THRU: •?-r-1 v

FROM:

DATE:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


James W. Davis, P.E., ~ Public Works Director

thnstopher R Mora, P.E., GAU\stant Public Works Director

Jail.\tuy 7, 2008

DEPARTMENTAL MATTERS

State Road 60 Between 82°d Avenue and 661h Avenue - Joint Participation

Agreement with the Florida Department of Transportation to Advance Funds for Widening State Road 60 From 4-lanes to 6-lanes

BACKGROUND

The 3\lz mile section of State Road 60 (SR60) between I-95 and 66th Avenue is near capacity as a 4-lane roadway and must be widened to 6-lanes. Widening SR60 will serve to reduce crashes and relieve traffic congestion, as well as preserve concurrency by maintaining an acceptable traffic level of service. In March, 2007, the Board of County Commissioners approved Resolution #2007-025, thereby

agreeing to enter into a joint participation agreement (JPA) with the Florida Department of Transportation (FD01) to advance the 6-laning ofSR60 in two segments: 82"d Avenue to 66th Avenue (Segment One), and I-95 to 8200 Avenue (Segment Two). The attached Locally Funded Agreement represents the first of two JP As to be considered by the Board. The Locally Funded Agreement secures the funding and construction of SR60 Segment One (82Av to 66Av).

If approved by the Board, the JP A obligates the County to pay $34,669,601 to the FDOT in 2008, to cover the cost of widening Segment One ofSR60. In return, FDOTwonld begin the 6-lane construction ofSR60 Se'gment One in May, 2008. This is several years in advance of the normal widening schednle. FDOTwonld subsequently reimburse the County $34,669,601 over a 2-yearperiod beginning in Jnly,

2009. FDOT has agreed to deposit the County-advanced funds into an interest bearing account. The principal and any accrued interest would be repaid to the County.

In an effort to recover the interest loss associated with advancing the funds to widen SR60, County Commissioners enacted the SR60 Interest Share Fee Ordinance in March, 2007. The new ordinance imposed an interest share fee on all new development occurring within 8 miles ofSR60. The interest share fee is assessed on a per-trip basis; therefore, the greater the traffic impact of a development on SR60, the higher the fee charged to the developer.

F:\Tnoffic\CRM\My Documenls\Roads\SR60 (82Av to 66Av) JPABCC.rtf 1 178

SR60 Widening- FDOT Agreement BCC Agenda: January 15, 2008 DEPARTMENTAL MATTERS- PUBLIC WORKS Page2

County staff implemented the SR60 Interest Share Fee for Segment One in 2007 and began collecting the fee from developers. As of January 3, 2008, a total of $271,448 had been collected.

ANALYSIS

In evaluating the proposed JP A, staff compared the SR60 widening costs and repayment schedule with the initial estimates provided by the FDOT in March, 2007. The initial estimates laid the groundwork for the SR60 Interest Share Fee Ordinance, and later became the basis for calculating the interest share fees charged to developers.

The construction cost estimate of widening SR60 has fallen substantially since the original SR60 widening program was considered by the Board last March. The repayment schedule has also changed for both Segment One and Segment Two. The cost and repayment changes are sununarized below.

March, 2007

Segment One cost= $38,000,000 Segment One repayment = 1 year

Segment Two cost= $30,000,000 Segment Two repayment = 6 years

County Interest Loss= $14.5 million

Januarv, 2008

Segment One cost= $34,669,601 Segment One repayment = 2 years

Segment Two cost= $15,400,000 Segment Two repayment = 5 years

County Interest Loss= $8.0 million

Using the figures from March, 2007, staff calculated that advancing $68 million to the FDOT would result in a loss to the County of$14.5 million in potential interest earnings. Applying the January, 2008 revisions however decreased the lost interest from $14.5 million to $8.0 million, a reduction of 45%. Overall, the reduced construction costs and other agreement modifications (interest-bearing account, staggered payout, etc.) will result in a savings to the County of$6.5 million ($14.5 million minus $8 million).

Should the Board approve the JP A as presented, the SR60 interest share fees will require some adjustments. For Segment One (82"d Avenue to 661

h Avenue), the interest share fee would decrease from the current $7,677 per trip to $5,884 per trip. For Segment Two (I-95 to 82"d Avenue), the interest share fee would be reduced from $17,731 to $8,274 per trip. Developments which have already paid interest share fees would be refunded the difference between the original fee and the new (lowered) fee.

179

SR60 Widening - FDOT Agreement BCC Agenda: January 15, 2008 DEPARTMENTAL MATTERS- PUBLIC WORKS Page3

FUNDING

The funds to be advanced to the FDOT for the SR60 widening would come from a combination of County Transportation and General Fund sources.

ALTERNATIVES

Alternative No. 1 Approve, and authorize the Chairman to sign, the attached Locally Funded Agreement to construct the widening ofSR60 between 82"d Avenue and 66th Avenue from 4-lanes to 6-lanes.

Alternative No. 2 Deny the Locally Funded Agreement and cancel the widening of SR60.

RECOMMENDATION

Staff recommends Alternative No. 1 ... the Board of County Commissioners approve, and authorize the Chairman to sign, the attached Locally Funded Agreement for the widening of SR60 between 82"d Avenue and 66th Avenue. It is also recommended that the Board direct staff to amend the State Road 60 Interest Share Fee Ordinance to reflect the revised cost and repayment components of the Locally Funded Agreement.

ATTACHMENT:

1. Locally Funded Agreement (5 copies) 2. Exhibit A- Scope of Services (5 copies) 3. Exhibit B- Memorandum of Agreement (5 copies)

Indian River Co. Date APPROVED AGENDA ITEM:

Administration

County Attorney

Budget

Public Works

Traffic Engineer 01-<P-oJiS

180

AGENDA COPY FM No: . 228627 -1-32·02 228627-1-52-01, 228627-1-62-01 . FEID No: VF-596-000-679

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

LOCALLY FUNDED AGREEMENT

THIS Locally Funded Agreement (hereinafter referred to as "AGREEMENT"), entered into this __ day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY located at 1801 27TH Street, Vero Beach, Florida 32960, hereinafter called the PARTICIPANT.

WITNESSETH

WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management (FM) Number 228627-1-32-02, 228627-1-52-01, & 228627-1-62-01 in (Fiscal Year 2009/2010) for Reconstruction and Widening of SR-60 from 82"d Avenue/CR-609 to 661

h Avenue/CR-615 in Indian River County, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services; and,

WHEREAS, for purposes of this Agreement, improvements to be made as stated above are nereinafter referred to as the "PROJECT"; and,

WHEREAS, in order to expedite the PROJECT in advance of the DEPARTMENT'S schedule, the PARTICIPANT is prepared to advance the funding of the PROJECT in Fiscal Year 2007/2008 for the PROJECT, pursuant to Section 339.12 Florida Statutes; and,·

WHEREAS, the DEPARTMENT is prepared to commit funds for the reimbursement of such conditions, subject to the appropriation of funds by the Legislature; and,

WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the DEPARTMENT'S Adopted Work Program;and, .

WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENTto perform such activities; and,

. WHEREAS, the PARTICIPANT by Resolution No. adopted on ______ _

200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT.

NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement for the PROJECT, the parties agree to the following:

1. The recitals set forth above are true and correct and are deemed incorporated herein.

2. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all · applicable Federal, State and Local laws, rules, regulations, guidelines and standards.

3. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make reasonable efforts to obtain

. the PARTICIPANT input in its decisions.

1 of7

181

4. The construction of the PROJECT is estimated to be completed in January, 2011. The

PARTICIPANT'S advanced funding for this PROJECT is in the amount of THIRTY FOUR

MILLION SIX HUNDRED SIXTY NINE THOUSAND SIX HUNDRED ONE DOLLARS

{$34,669,601.00).

The PARTICIPANT will submit the advance funding for the project in three payments. The

PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish

the DEPARTMENT with a check for. the first payment which is 10% of the PROJECT estimate

in the amount of THREE MILLION FOUR HUNDRED SIXTY SIX THOUSAND NINE

HUNDRED SIXTY DOLLARS AND TEN CENTS {$3,466,960 .. 10). The second payment, which is 40% of the PROJECT estimate, is THIRTEEN MILLION EIGHT HUNDRED SIXTY

SEVEN · THOUSAND EIGHT HUNDRED FORTY DOLLARS AND FORTY CENTS

{$13,867,840.40) and will be due no later than the date of letting, currently scheduled for

March 26, 2008. The third and final payment, which is 50% of the PROJECT estimate, is in

the amount of SEVENTEEN MILLION THREE HUNDRED THIRTY FOUR THOUSAND EIGHT

HUNDRED DOLLARS AND FIFTY CENTS {$17,334,800.50) and is due seven days prior to the execution of the construction contract by the DEPARTMENT. Currently, the construction

contract is scheduled to be execl!ted on May 9, 2008.

The DEPARTMENT agrees to reimburse the PARTICIPANT for their participation in accordance with Section 339.12(4)(c), Florida Statutes. The PARTICIPANT acknowledges

and agrees that it will not invoice the DEPARTMENT for any portion of the THIRTY FOUR MILLION SIX HUNDRED SIXTY NINE THOUSAND SIX HUNDRED ONE. DOLLARS

. ($34,669,601.00) prior to July 1, 2009, the fiscal year the PROJECT is scheduled in the Department's Work program. After a receipt of a properly documented invoice, the payments will be made to the PARTICIPANT in seven (7) equal quarterly payments of FOUR MILLION

THREE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND TWELVE CENTS {$4,333,700.12) and the eighth (81

h) quarterly payment of FOUR MILLION

THREE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND SIXTEEN CENTS ($4,333,700.16), which equals THIRTY FOUR MILLION SIX HUNDRE[)

SIXTY NINE THOUSAND SIX HUNoRED ONE DOLLARS {$34,669,601.00).

Remittance shall be made payable to the Department of Financial Services; Revenue

Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project

No. 228627 ·1·32·02, 228627 ·1-52·01, & 228627 ·1·62-01. The DEPARTMENT shall utilize this

deposit for payment of the cost of Projects No. 228627 -1-32·02, 28627 ·1·52·01, & 228627 ·1·

62-01 .

. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit-3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421

Attention: Leos A. Kennedy, Jr.

2of7182

Breakdown of Funding

· Design Services Construction CEI Services FM# 228627-1-32-02 FM# 228627-1-52-01 FM# 228627-1-62-01

$250,000.00 $30,928,126.00 $3,491,475.00

Total estimated Project Cost= $34,669,601.00

(A) If the accepted bid amount plus allowances is in excess of the advance deposit

amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from .the DEPARTMENT or prior to posting ofthe accepted bid, whichever is earlier, so that the total deposit is equal to the bid

amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount plus allowances are in excess of

the advance deposit amount; however, failure ofthe DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligationto pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) days, a .letter must be submitted to and approved by the DEPARTMENT'S project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to delay of the PROJECT.

(B) The DEPARTMENT intends to have it final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payments is made to the Contractor. The· DEPARTMENT considers the PROJECT complete when the final payment is made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the PARTICIPANTfor a period offive (5)

years after final close out of the PROJECT. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICPANT. If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay.

(C) In the event the final accounting of total PROJECT costs is greater than the total

deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The

PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice

is paid.

3of7183

(D) · The payment of funds under this Agreement will be made:

Directly to the DEPARTMENT for deposit and as provided in the Memorandum of Agreement (MOA) between PARTICIPANT, DEPARTMENT, and the State of Florida, Department of Financial Services, Division of Treasury, a copy of which is attached hereto as Exhibit "B".

NOTE: The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT. Interest earned will be used for any additional costs of PARTICIPANT responsibility. Any unused funds, including interest, will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed.

(E) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature.

5. In the event the PROJECT modifications or changes to bid items occur that increase or exceed the amount authorized in paragraph 4, the PARTICIPANT will be notified by the DEPARTMENT. The .PARTICIPANT agrees to provide, witho.ut delay, additional funding needed to complete the PROJECT by means of a Supplemental Amendment, to be signed by both parties before work is undertaken. The DEPARTMENT acknowledges and agrees that any additional funding provided by the PARTICIPANT shall be reimbursed in addition.to the

amount authorized in paragraph 4, during the scheduled reimbursement. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun.

the award amount. However, failure of the DEPARTMENT to so notify the. PARTICIPANT

shall not relieve the PARTICIPANT from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein. Funds due from the

PARTICIPANT during the PROJECT not paid within forty (40) days calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to

Section 55.03, F.S.

6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs.

7. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise . encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors.

8. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding

to both the PARTICIPANT and the DEPARTMENT until the PROJECT is completed as

evidenced by the written acceptance of the DEPARTMENT, or June 30,2011 whichever

occurs first.

9. The PARTICIPANT warrants that it has not employed or obtained any company or person,

other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a

40f7184

bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability.

10. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors, and/or sub-contractors, such party in any contract for this Project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written

evidence of the foregoing upon the request ofthe DEPARTMENT. It is specifically understood and agreed thatthis indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence.

11. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida.

12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreemants, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreementthat are not contained in this document. Accordingly, it is agreed that no deviation from · the terms · hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.

13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with .receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered sh.all be sent to the following addresses:

If to the DEPARTMENT:

Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Betsy Jeffers A second copy to: District General Counsel

If to the PARTICIPANT:

Indian River County 1801 271h Street Vero Beach, Florida 32960 Attn: Jim Davis, P.E. With a copy to: Joseph Baird

· County Administrator With a second copy to: County Attorney

5 of7185

IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No.J,&27-0..2..5 -----·· hereto attached.

STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION

BY: __________________ ___ BY: ---------------NAME: _________ _ ROSIEL YN QUIROZ

TITLE:---------------- DIRECTOR OF TRANSPORTATION SUPPORT .

ATTEST: APPROVED: (AS TO FORM)

BY: --------------COUNTY CLERK (SEAL} DISTRICT GENERAL COUNSEL

APPROVED: APPROVED:

BY ffJL t/){) ~\:COUNTY ATTORNEY.

BY: -------------PROFESSIONAL SERVICES ADMINISTRATOR

6of7 186

RESOLUTION NO. 2007- 025

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE JOINT PARTICIPATION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADVANCE CONSTRUCTION OF SEGMENTS OF STATE ROAD 60

WHEREAS, the anticipated transportation demands on State Road 60 from 66th Avenue to 82nd Avenue and from 82nd Avenue to I-95 (the Segments) will exceed the level of service established in the Comprehensive Plan; and

WHEREAS, if improvements are not made to the Segments, and traffic exceeds the level of service, applications for New Development would be denied as they would not meet the requirements of the Concurrency Management System; and

WHEREAS, improvement to the Segments will eliminate existing deficiencies and create new capacity on the Segments; and

WHEREAS, in order for the Segments to meet the requirements of the Concurrency Management System, the improvements must appear in the first three years of the Florida Department of Transportation's work plan; and

WHEREAS, in order for the improvements to the Segments to appear in the first three years of the FDOT work plan, the County must supply the funding to FDOT; and

WHEREAS, the County, by resolution, has determined to agree with the Florida Department of Transportation to enter into Advance Construction Agreements providing for the advance construction of the Segment Improvements conditioned upon the advancement of their cost of construction by the County; and

WHEREAS, the Advance Construction Agreements will provide for reimbursement to the County from available State and Federal Funds of the principal amount advanced but do not provide or allow for any reimbursement to the County for the Interest Component; and

WHEREAS, the County and FDOT have agreed to enter into a Joint Participation Agreement for advancing construction of SR 60, whereby construction funding of approximately $38 Million will be advanced by Indian River County in 2007/08, and an additional $30 million will be advanced by Indian River County in 2008/09;

187

RESOLUTION NO. 2007- 025

1. The Chairman of the Board of County Commissioners is authorized to execute any documents necessary to complete the Advance Construction Agreement for the improvements to the Segments of State Road 60.

The forgoing Resolution was offered by Commissioner 0' Bryan and seconded by Commissioner Wheeler and upon being put to a vote, the vote was as follows:

Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Joe Flescher, Commissioner Nay Peter D. O'Bryan, Commissioner Aye

The Chairman thereupon declared the resolution duly passed and adopted at a meeting held this 13th day of March, 2007.


BY: 1!7!} G·~ Ga..ry \vheeler, Chairman

ATTEST: Jti/2MIL -/ ~ Jeffrey K. Barton, C erk


~rWilliam G. Collins II, County Attorney

F:\Attomey\Bili\Ordinance Amendments\State Road 60\BCC Resolution of Execution of Agreement. doc

188

Exhibit "A" Scope of Services

The Department will reconstruct and widen SR-60 from a 4-lane rural to a 6-lane urban section. The proposed typical section will consist of a raised 22' median with curb and gutter at the inside edge of pavements and curb and gutter with sidewalk at the outside edge of pavements. The landscaping, lighting, signing, pavement markings, and 3 signalized intersections will be upgraded for the corridor. This Project also includes the replacement of a large portion of an open canal (R-3 Canal) located along the south side of the corridor with an underground pipe.

7 of7189 .·

Exhibit "B" MEMORANDUM OF AGREEMENT

THIS AGREEMENT, made and entered into this , day of _____ __._ 200 by and between the State of Florida, Department of Transportation, hereinafter referred to as "FOOT" and the State of Florida, Department of Financial Services, Division of Treasury and INDIAN RIVER COUNTY hereinafter referred to as the "Participant".

WITNESSETH

WHEREAS, "FDOT" is currently constructing the following project:

Financial Project Number: 228627-1-32-02, 228627-1-52-01, &. 228627-1-62-01

County: INDIAN RIVER

hereinafter referred to as the "Project".

WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement (LFA) dated wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project.

WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to· provide fUnds for the work performed on the Project on behalf ofthe Participant by the FDOT.

NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the. following:

1. FDOT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein.

2. An initial deposit in the amount of THREE MILLION FOUR HUNDRED SIXTY SIX THOUSAND NINE HUNDRED SIXTY DOLLARS AND TEN CENTS ($3,466,960.10) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the Project. Subsequent deposits will be made into the account in accordance with the Locally Funded Agreement. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT.

3. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 1 9 Q

4. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FOOT District Four Office. The District Four Office will then forward the check, along with required documentation to the FDOT Central . Office for appropriate processing at the following address:

Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, Mail Station #428. Tallahassee, Florida 32399

5. The FOOT'S Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account.

6. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA.

7. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT.

8. The Department of Financial Services further agrees to provide periodic reports to the FDOT. ·

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER

BY:

STATE OF FLORIDA· DEPARTMENT OF FINANCIAL SERVICES DNISION OF TREASURY

INDIAN RIVER COUNTY

~PA~R~TI~c=IP~A7.NT~SI~G=N~AT=U~R~E~------

PARTICIPANT NAME &TITLE

1801 27TH Street Vero Beach, FL 32960 PARTICIPANT ADDRESS

F-596-000-79 FEDERAL EMPLOYER I. D. NUMBER

191

DATE:

TO:

FROM:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

January 2, 2008

JOSEPH A. BAIRD COUNTY ADMINISTRATOR

W. ERIK OLSOJD..) ~ DIRECTOR OF UTILITY SERVICES

t!rL

PREPARED MICHAEL HOTCHKISS, P.E., CAPITAL PROJECTS rrYl:f+ AND STAFFED BY: MANAGER; GORDON E. SPARKS, P.E., ENVIRONMENTAL

ENGINEER, DEPARTMENT OF UTILITY SERVICES 4£_5

SUBJECT:

BACKGROUND

SAN SEBASTIAN SPRINGS SUBDIVISION INDIAN RIVER COUNTY PROJECT NO. UCP 3014 APPROVAL OF WORK ORDER NO.6 TO RETAIN CARTER ASSOC. FOR SURVEYING SERVICES

On December II, 2007, the Indian River County Board of County Commissioners unanimously authorized staff to proceed with the engineering design work and negotiate a contract for surveying services with one of the approved survey consultants for the above project.

ANALYSIS

Staff requested a proposal from Carter Associates, Inc. who was approved by the BCC on November 6, 2007 for engineering and surveying services. The proposal, Work Order No.6, was received on December 27,2007 for a total lump sum amount of$24,400.00.

RECOMMENDATION

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Work Order No. 6 (Engineering/Surveying) from Carter Assoc. (See Attachment I) for a total lump sum amount of $24,400.00 and authorize the Chairman to execute Work Order No.6 (Engineering/Surveying) from Carter Assoc., as presented.

LIST OF ATTACHMENTS:

I Work Order No. 6 (Surveying/Engineering) from Carter Assoc.

F:\Utilities\UTILITY- ENGINEERING\Projects- Assessment Projects\SAN SEBASTIAN SPRINGS SUBDIVISION - UCP *3014\Agenda for Carter Surveying Services Approval.doc

192

GES/ges Attachments January 2, 2008

APPROVED FOR AGENDA:

Date

Indian River Co. Administration Utilities Budget Legal Risk Manager

Approved

~

l '\\' }t,~ ( rJV.,

1/)A~

F:\Utilities\UTILITY - ENGINEERING\Projects -Assessment Projects\SAN SEBASTIAN SPRINGS SUBDIVISION - UCP #3014\Agenda for Carter Surveying Services Approval.doc

Date 1/JP}O'i(

"" <.! "' II rt~ I ;i-f~ f;;, :Q

•

193

Board of County Commissioners Administration- Building A (South)

1801 27th Street Vero Beach, Florida 32960

Telephone: (772) 567-8000 FAX: 772-778-9391

Project: San Sebastian Specific Purpose Record Survey

IRC Project No. UPC 3014 WORK ORDER NO. 6, (Utilities/Surveying)

FOR PROFESSIONAL SERVICES AGREEMENT

ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH

Carter Associates, Inc.

In accordance with Contract No. 0725

This Work Order No. 6 is in accordance with the existing AGREEMENT dated November 61h,

2007 between Carter Associates, Inc. (SURVEYOR) and Indian River County (COUNTY). This Work Order No. 6 amends the agreement as follows:

SECTION I -PROJECT LIMITS

This Work Order No. 6 is for the SURVEYOR to perform a "Specific Purpose Record Survey" of the Platted roadways within the subdivisions of San Sebastian Springs and San Sebastian Lakes as further identified in the attached "Exhibit A".

SECTION II - SCOPE OF SERVICES

As agreed upon between Carter Associates, Inc. and Indian River County, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 6 described within the attached "Exhibit A":

SECTION Ill -TIME FOR COMPLETION & DELIVERABLESIWORK PRODUCT

1. Project shall be completed within thirty (30) business days from Notice to Proceed. 2. Deliverables to include five (5) signed and sealed hard copies and electronic copies

in AutoCAD 2007 and PDF formats.

SECTION IV-COMPENSATION

The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered as identified in Sections I, II, and Ill of this Work Order No. 6, a lump sum fee of $24,400.00

Attachment 1 1 OF4 194

The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein.

IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2007.

OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

I - . c:>2\ (Signature) :.S,Jrran~m~raJ).WH~ill~~fZBilrt:niffiY:t2.\~~:JE~!~~!t~l~~~~J~ (Printed name and title)

Approved by BCC ______ _

ATTESi: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

2 OF4

(Printed name title) Bzo~~(V\f>.-t--V'~

Witnessed by:

(Printed nameJ_.--~

195

PROPOSAL EXHIBIT "A"

WORK ORDER NO. 6 FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES

CONTRACT NO. 0725, 2007-2009

SCOPE: GENERAL DESCRIPTION Project consists of approximately 13,000 linear feet of road rights-of-way located within five subdivisions:

1. San Sebastian Springs (PB 11, Pg 58 & 92) 2. San Sebastian Springs Unit II (PB 12, Pg 91) 3. San Sebastian Springs Unit Ill (PB 13, Pg 53) 4. San Sebastian Lakes (PB 13, Pg 54) 5. San Sebastian Springs Unit IV (PB 13, Pg 55)

A Specific Purpose Record Survey will be conducted for the purposes of identifying and mapping existing improvements within the platted rights-of-way and contiguously platted utility easements. These improvements shall be all above ground appurtenances including, but not limited to pavements, curbs, walks, manholes, valve covers, inlets, culverts, driveways, mail boxes and cable utility boxes. An AutoCadd (version 7) base map will be generated including the platted right-of-ways, easements and lot lines with the addresses of all houses for the purposes of the County's engineering design and contractor as-builts.

FIELD SURVEY • Field locate right-of-way centerline monumentation necessary to determine boundaries of subject roadways. Survey control will be performed by GPS, based upon NAD 83/99 horizontal datum. • Field locate all above ground appurtenances within the platted rights-of-ways and contiguously platted utility easements. • Establish elevations on found centerline control based upon NAVD 88 vertical datum to best accuracies available utilizing GPS procedures. • Cross section rights of way at 1 00 foot intervals. • Field verify all house addresses.

FINAL MAPPING • Compute record plat rights-of-ways and contiguous easements, orient to field control. • Identify all field located improvements by symbol and/or text description. • Establish centerline stationing and geometry. • Publish State Plane Coordinates and elevations on all located centerline control. • Identify lot numbers and house addresses. • Provide certified map(s) and AutoCadd (version 7) file on disc.

TOTAL LUMP SUM $24,400.00

3 OF4 196

SCOPE: (Continued)

SPECIFIC NOTES:

1. All work to be completed in compliance with the Florida Minimum Technical Standards 61G17-6 Florida Administrative Code pursuant to chapter 472.027 Florida Statutes.

2. All matters of public record to be shown on the survey including, but not limited to agreements, easements, reservations, restrictions and rights of way shall be based entirely upon information contained within the record subdivision plats of the area being surveyed.

3. In the event that the surveyor is requested to research public records the client will be responsible for reimbursement of said services on a time and materials basis.

4. Final mapping to be provided consist of plan views only and does not include profile view mapping.

40F4 197

ATTORNEY'S MATTER: 1/15/08 BCC MEETING /:2 A Cffoecf INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A Glenn, Assistant Comity Attorney

MEMORANDUM

TO: The Board of County Commissioners

FROM: ~illiam G. Collins II- County Attorney


SUBJECT: Resolution Delegating Authority to the County Administrator or Designee to Call Letters of Credit and Road Maintenance Security Issued Under Chapter 934, Excavation and Mining, of The Code of Indian River County

Under Chapter 934, Excavation and Mining, of The Indian River County Code, the Board of County Commissioners requires letters of credit to guarantee compliance with the conditions of site plan approval and/or restoration of the site, as well as cash to guarantee road maintenance.

When conditions of the site plan approval have been violated and/or the roads have not been properly maintained, there is a need to call the posted security. Currently, calling the security requires a resolution of the Board of County Commissioners declaring the applicant in default, thus delays occur due to the number of times the Board meets and agenda lead times.

Section 1 01.05.1.q of The Code of Indian River County allows the Board of County Commissioners to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board. In an effort to streamline the process, a resolution has been prepared to delegate to the County Administrator or his designee, the authority to call letters of credit and road maintenance security issued under Chapter 934 of The Code.

Admin. . f,JR, 1/Jo/()~ Legal

Budget ( J)o· tf~.IO<f. 1 Dect a .. Jtl/ I /Q ("')j Risk Mgr.

198

RECOMMENDATION:

Adopt the attached Resolution and authorize the Chairman to execute same to delegate the authority to the County Administrator or his designee to call letters of credit and road maintenance security issued under Chapter 934, Excavation and Mining, of The Code of Indian River County.

nhm Attachment: Resolution

2

199

RESOLUTION NO. 2008·

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO CALL LETTERS OF CREDIT AND ROAD MAINTENANCE SECURITY ISSUED UNDER CHAPTER 934, EXCAVATION AND MINING, OF THE CODE OF INDIAN RIVER COUNTY.

WHEREAS, pursuant to Chapter 934, Excavation and Mining, of The

Code of Indian River County, the Board of County Commissioners of Indian River

County requires letters of credit to guarantee compliance with the conditions of

site plan approval and/or restoration of the site, as well as cash to guarantee

road maintenance; and

WHEREAS, the Departments of Management and Budget, Community

Development, Public Works and the County Attorney's Office monitor the

expiration date and compliance by the applicant; and

WHEREAS, when the site plan requirements have not been complied with

or when the road(s) have not been properly maintained by the applicant, it is in

the County's best interest to be able to call the security expeditiously; and

WHEREAS, Section 1 01.05.1.q. of The Code of Indian River County

allows the Board of County Commissioners to authorize the County

Administrator, or his designee, to perform other duties on behalf of the Board;



The Board of County Commissioners hereby delegates the authority to the

County Administrator or designee, to call any security held pursuant to Chapter

200


934 of The Code of Indian River County, upon the request of, as applicable, the

Directors or designees of the Office of Budget and Management, Community

Development, or Public Works, and with the approval signatures of the County

Attorney or designee and the Director of the Office of Budget and Management

or designee.


the motion was seconded by Commissioner ____ ,, and, upon being put to a







By~~~-=--~~~--------Sandra L. Bowden, Chairman

By: --~D~e-p-u7~-C~Ie~rk ___ _

2

APPROVED AS TO FORM ANDLEGAL~NCV

evwP ~ WILLIAM G. COLLINS II

COUNTY ATTORNEY

F:\Attorney\Nancy\DOCS\RES\Reso delegating authority to cal1934 security.doc

201

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


Honorable Emergency Services District Board of Commissioners

Joseph A. Baird, County Ad'\linistrator

John King, Fire Chief ~ '?r-): Department of EmergeJh'Se~vices

Brian S. Burkeen, Assistant Chief

January 2, 2008

Approval of FY 2007/08 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non-Matching EMS Grant Funds and Grant Resolution

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

DESCRIPTION AND CONDITIONS:

The Department of Health, Bureau of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statotes, to distribute county grant funds. The funds are then made available to eligible county govermnents to improve and expand their prehospital emergency medical services. The grant program is an innovative process, which enables EMS agencies to enhaoce EMS systems through the Board of County Commissioners.

It should be noted that the grant conditions require the County to ensure that the EMS grant funds will not be used to supplant or replace any existing EMS budget allocations and the resolution must include a statement to that effect. The grant conditions also require a separate accounting of the EMS funds from all other funds. Historically, the County Awards Graot has been used to purchase medical related equipment or equipment that will assist in the delivery of the service.

ALTERNATIVES AND ANALYSIS:

The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of$35,566.00 has been allocated to Indian River County for FY 2007/08. The grant funds will be utilized as indicated in the grant application for equipment and services to improve and expand the Advanced/Basic Life Support EMS prehospital system. The equipment proposed and justification for purchase in the expenditure plan is as fullows:

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COHb Monitors: For several months the department has been addressing the concern of misdiagnosed carbon monoxide poisonings. With the recent hurricanes and increased use of portable generators by residents and businesses, the department treated and transported numerous individuals with the· above listed conditions. Also, the procurement of these devices will assist in the monitoring of firefighters and those individuals subjected to smoke inhalation to be properly monitored, treated and diagnosed.

Intraosseous IV Drills: The EZ-IO® product system is the best solution for the rapid, secure and safe delivery of intraosseous drugs and fluids when existing methods of vascular access are challenging or impossible. The battery-powered device is used to place a stable port, via the intraosseous route in the tibia, achieving vascular access within seconds, with minimal trauma to the patient. It was developed to meet the stringent needs of first responders and emergency department personnel for dependability, precision and user-friendliness.

RECOMMENDATION: Staff recommends approval of the FY 2007/08 EMS Grant and resolution to purchase the equipment and services as noted in the attachments. Staff further recommends that the Board of County Commissioners authorize the chairman to execute the necessary documents to obtain funds from the Department of Health in the amom1t of $35,566.00 and authorize budget amendments as required to receive and expend the grant funds.

ATTACHMENTS: Grant Form Copy of Grant Application Resolution

APPROVED FOR AGENDA Indian River Co.

Admin.

CounlYAnomey

Budget

DBPL

RlskMgr. V I

Generalswcs.

Purchasing

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GRANT NAME: EMS County Awards Grant GRANT# AMOUNTOFGRANT:$_23~5~56~6~.0~0 ______________________________ _

DEPARTMENT RECEIVING GRANT: __ ...JFC!ire.,_.R,e,sc"'u"'e----------------------

CONTACT PERSON: Brian Burkeen PHONE NUMBER: 772-226-3864

I.

2.

3.

How long is the grant for?_l!...J'ear""-------- Starting Date: _ _..KF_.Y_,2,0oe0"-'7/"'0"'8 ________ _

4.

Does the grant require you to fund this functiou 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 ____________ l[O%

5. Grant match amount required $. ________ _

___ Yes

___ Yes

___ Yes

X No

X No

--~No

6. Where are the matching funds coming from (i.e. In Kind Services; Rese!Ve for Contingency)?

7.

8.

Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs)

Are you adding any;ulditioual.POsitions utilizing the grant funds? If yes~ please list. (it additionaT space is needed, please attach a schedule.)

___ Yes No $. _______________ _

___ Yes X No

Acct. Description Position Position Position Position Position

011.12 Regular Salaries

011.13 Other Salaries & Wages (PT)

012.11 Social Security

012.12 Retirement-Contributions

012.13 Insurance-Life & Health

012.14 Worker's Compensation

012.17 S/Sec. Medicare Matching

TOTAL

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

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 $ $ $ $

Second Year $ $ $ $

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature ofPreparer: :IT-~ Date: Januarv 2 2008

( J

204

RESOLUTION NO. ::20.,0"'8-__ _

A RESOLUTION OF THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS, INDIAN RIVER COUTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES.

WHEREAS, The Florida Department of Health, Bureau of Emergency Medical Services announced that applications for fundiog County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and

WHEREAS, an application for grant funds for fiscal year 2007/08 has been prepared by the County; and

NOW, THEREFORE, BE IT RESOLVED BY THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certnyiog that monies from the EMS Grant Program For Counties will improve and expand the County's pre-hospital EMS system and that the funds will not be used to supplant existiog County EMS budget allocations.

The foregoiog Resolution was offered by Commissioner:---:--:------Who moved its adoption. The motion was seconded by Commissioner _______ and, upon beiog put to a vote, the vote was as follows:

Chairman, Sandra L. Bowden Vice Chairman, Wesley S. Davis Commissioner Gary C. Wheeler Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan

The Chairperson thereupon declared the resolution duly passed and adopted this -----,2008.

ATTEST:

Jeffrey K. Barton, Clerk

Approved as to form and legal suffi ie

Assistant County Attorney

EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY:~~~-=-~~~--Sandra L. Bowden, Chairman

day of

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GRANT APPLICATION

FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services

Com tete all items ID. Code (The State Bureau of EMS will assign the ID Code -leave this blank) C

1. County Name: Indian River County Business Address: 1800 27'" Street Vero Beach Florida 32960 Telephone: (772) 226-3900 Federal Tax ID Number (Nine Digit Number). VF 59 - 60006764

2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date: Printed Name: Sandra L. Bowden Position Title: Chairman, Board of County Commissioners

3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementati.on of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.)

Name: Brian S. Burkeen Position Title: Assistant Chief Address: 4225 43ru Avenue Vero Beach Florida 32966 Telephone: (772) 226-3900 X 3864 I Fax Number: (772} 226-3868 E-mail Address: [email protected]

4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current levels of county expenditures.

5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary)

Indian River County Fire Rescue

DH Form 1684. Rev. June 2002

206

BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount

TOTAL Salaries N/A TOTAL FICA N/A Grand total Salaries and FICA N/A

B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding

d't I T d f 't I tl ( xt t ) expen 1 ures c ass1 1e as opera mg cap1 a ou ay see ne ca egory. List the item and, if applicable, the quantity Amonnt

N/A TOTAL N/A

C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) year or more

List the item and, if applicable, the quantity Amount

EZ 110 Drill qty 15 $22,500.00 COhb Monitors qty 2 $8,000.00

TOTAL $30,500.00 GRAND TOTAL $30,500.00

DH Form 1684, Rev. June 2002

207

DEPARTMENT OF HEALTH EMS GRANT PROGRAM

REQUEST FOR GRANT FUND DISTRIBUTION

In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS.

DOH Remit Payment To: Name of Agency: Indian River County Board of County Commissioners

Mailing Address: 1800 27th Street Vero Beach Florida 32960

Federal Identification number VF 59-6000674

Authorized Official: ------;:::---:----------:::-c:-------Signature Date

Sandra L. Bowden, Chairman Board of County Commissioners Type Name and Title

Sign and return this page with your application to: Florida Department of Health

BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738

Do not write below this line. For use by Bureau of Emergency Medical Services personnel only

Grant Amount For State To Pay: $ _____ _ Grant ID: Code: ___ _

Approved By : --::-:-:----::-=:-::-=-::-:---=:::----------.::-:------Signature of EMS Grant Officer Date

State Fiscal Year. ___ _

Organization Code E.O. OCA Object Code 64-25-60-00-000 N_ N2000 7 __ _

Federal Tax ID: VF ________ _

Grant Beginning Date: October 1, ___ Grant Ending Date: September 30, __ _

DH Form 1767P, Rev. June 2002

208

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

AGENDA ITEM

ILJ-B3

DATE:

TO:

THRU:

FROM:

SUBJECT:

JANUARY 8, 2008

JOSEPH A. BAIRD, COUNTY ADMINISTRATOR

W. ERIK OLSON, DIRECTOR OF UTILITY SERVICES

HIMANSHU H. MEHTA, P.E., MANAGING DIRECTOR ~ ?1- · SOLID WASTE DISPOSAL DISTRICT

PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS RECYCLING EVENT ON JANUARY 26, 2008

The staff of the Solid Waste Disposal District (SWDD) is pleased to announce to the SWDD Board and to the public the Annual Electronics Recycling Event to be held on Saturday, January 26, 2008, from 9:00 am to 3:00 pm at the Indian River Mall in front of Macy's. This event is free to all residents of Indian River County and provides a great opportunity to bring outdated computers, televisions, and consumer electronics and to keep electronics waste and its hazardous components out of our landfill. At last year's event, we collected 16,000 tons of unwanted electronics.

This year, Com-Cycle, an affiliate of AERC Recycling Solutions, will provide staff to collect and transport the electronics to their facility in Melbourne, Florida, where they have a Zero-Waste-toLandfill policy and will disassemble and recover components for resale and recycling of metal, glass, and plastics. Com-Cycle will provide a certification of recycling for the event and have a strict policy to remove and erase all computer files, software, or other information contained on electronics. As an incentive to attend the event, Com-Cycle is donating a refurbished Lenovo IBM R50 ThinkPad laptop, a $500.00 value, and will provide a contest entry ticket for each electronic item donated at the event. Our thanks to Ray Richards, Com-Cycle, for coordinating this free event.

The event will be hosted by Keep Indian River Beautiful (KIRB) as part of their scope of services with SWDD. Melanie Jones, Executive Director of KIRB, and staff will provide educational and recycling information to the public. In addition, KIRB staff will provide recycling bins to residents that need new or replacement bins. Staff extends our appreciation to Ursula Gunter, Marketing Manager, for Simon Mall for the use of the mall facilities and for donating mall food court coupons to the event.

Due to · increased desirability of recycling electronic components in a safe, secure,. and environmentally friendly manner, staff will bring an item to the SWDD Board for consideration in selecting a company to provide this service throughout the year.

ATTACHMENTS: Public Advertisement for Annual Electronics Recycling Event

APPROVED FOR AGENDA: Indian River Co. Approved Date

Administration K.. A W;; 'tJt SWDD Director ~ l: ft...-- ·\~1 (/6-Budget Nl-

111 g O'i Legal I ~ r1 Risk Manager

~

..

209

N ...... 0

Bring your unwanted and/or broken TVs, consumer electronics, and more to be recycled!

Hard drives will be erased for your security. ~ -~Indian River Beautiful

., ~·mwuttJ \.1 Free Gift To All Recyclers!

WHEN: Sat., Jan 26th 9-3 pm in front of Macy's, Indian River Mall

WIN! A refurbished Lenovo IBM R50 Thinkpad Com~ .I laptop, $500.00 value, courtesy of Com-Cycle. ~

Recyclers will be given a contest entry ticket for each electronic item donated at the event. IIi!!> You need not be present to win; simply provide your name and phone# on each ticket.

The laptop will be configured with XP Professional. Note: No warranty with the Laptop •