indian river county board of county commissioners meeting ... · k. opeb trust report for the...

February 1, 2011 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

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

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

2. INVOCATION

Pastor Steve Ponce, Student Ministries,

Central Assembly of God

3. PLEDGE OF ALLEGIANCE

Commissioner Peter D. O’Bryan

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation in Recognition of Sandridge Golf Club as a Certified Audubon

Cooperative Sanctuary 1-3

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, FEBRUARY 1, 2011 - 9:00 A.M.


6. APPROVAL OF MINUTES PAGE

A. Regular Meeting of November 16, 2010

B. Regular Meeting of December 7, 2010

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

A. 2011 Election of Code Enforcement Board Chairman and Vice Chairman (memorandum dated January 25, 2011) 4

B. Survey Services: Purchase Orders processed October 1, 2010 through January 14, 2011 (Memo No. 5) (memorandum dated January 14, 2011) 5-6

C. 2011 Election of Economic Development Council Chairman and Vice Chairman (memorandum dated January 25, 2011) 7

D. 2011 Election of Metropolitan Planning Organization (MPO) Bicycle Advisory Committee Chairperson and Vice Chairman (memorandum dated January 26, 2011) 8

8. CONSENT AGENDA

A. Approval of Warrants and Wires – January 7, 2011 to January 13, 2011

(memorandum dated January 13, 2011) 9-16 B. Approval of Warrants and Wires – January 14, 2011 to January 20, 2011

(memorandum dated January 20, 2011) 17-23 C. Current Committee Applications for Planning & Zoning Commission

(memorandum dated January 25, 2011) 24

D. Current Committee Applications for Tourist Development Council (memorandum dated January 26, 2011) 25

E. Current Committee Applications for Economic Development Council (memorandum dated January 26, 2011) 26

F. Approval of Change Order No. 1 to Work Order No. L-1 with G. K. Environmental, Inc. for Egret Marsh Regional Stormwater Park Landscaping (memorandum dated January 12, 2011) 27-33


8. CONSENT AGENDA PAGE

G. Approval of DEP Agreement No. LP31010 for PC South (Pollution Control South) Pilot Algal Turf Scrubber System and Phase 1 Construction (memorandum dated January 21, 2011) 34-79

H. Vero Beach Sports Village Sports Lighting Systems, IRC Project No. 1042 (memorandum dated January 26, 2011) 80-84

I. Approval of Bid Award for IRC Bid No. 2011028, Demolition of Three (3) Condemned Structures (memorandum dated January 24, 2011) 85-90

J. Final Pay to RK Contractors, Inc. for Bid No. 2010036 for Construction of 16” Water Main Extension on College Lane to Kings Highway Tank, UCP No. 4051, WIP No. 472-169000-10504 (memorandum dated January 17, 2011) 91-97

K. OPEB Trust Report for the Period 10/1/10 through 12/31/10 (memorandum dated January 26, 2011) 98-100

L. Indian River County Investment Advisory Committee Quarterly Investment Report for the Quarter Ending 12/31/2010 (memorandum dated January 26, 2011) 101-114

M. Quarterly Summary Report for Assessment of Additional Court Costs In accordance with 318.18(13) Florida Statutes (memorandum dated January 26, 2011) 115-116

N. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund (memorandum dated January 26, 2011) 117-118

O. Request for the Board of County Commissioners to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) (memorandum dated January 24, 2011) 119-130

P. Retroactive approval of Indian River Lagoon National Estuary Program Fiscal Year 2011-2012 Annual Work Plan Project Proposal for PC South (Pollution Control – South Relief Canal) – Phase 1 Algal Turf Scrubber System (memorandum dated January 19, 2011) 131-139


9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

None

B. PUBLIC DISCUSSION ITEMS

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

1. Request to Speak from Fred Mensing Regarding Three Issues 140-141

2. Request to Speak from Ardra Rigby and George Rigby Regarding

Granting of Franchise Agreement 142

3. Request to Speak from Dr. Stephen J. Faherty, Sr. Regarding

Proposed Ballot Resolutions 143-154

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearings February 8, 2011: 155

a. The Pointes Development, LLC’s Request for Vacation of the Mira-Mar Subdivision Plat (Legislative)

b. The Pointes Development, LLC’s Request for Vacation of

Fred R. Tuerk Drive Extension (Legislative)

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Extension of Temporary Suspension of Impact Fees (memorandum dated January 20, 2011) 156-158


12. DEPARTMENTAL MATTERS PAGE

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

1. Request for Qualifications for Prequalification of Agent/Brokers, Self-Insurance Funds and Direct Writing Insurers for Property and Casualty Insurance (memorandum dated January 26, 2011) 159-164

H. Recreation

None

I. Public Works

None

J. Utilities Services

1. Direct Purchase of Materials for 3 MG Reuse Storage Tank & Pumping Facility & Deductive Change Order 1 – UCP-3099 (memorandum dated January 11, 2011) 165-175

13. COUNTY ATTORNEY MATTERS

A. Resolution of Necessity for the Laurel Homes parcel of property located on 66th Avenue south of 16th Street (memorandum dated January 24, 2011) 176-192


13. COUNTY ATTORNEY MATTERS PAGE

B. Unconditional Offer to Purchase Needed Right-of-way and Pond Site from Laurel Homes Parcel of property located on 66th Avenue south of 16th Street (memorandum dated January 26, 2011) 193-198

C. Fred Mensing Demand Delivered During January 18, 2011 Meeting (memorandum dated January 19, 2011) 199

D. Exchange of Dodgertown Properties with the City of Vero Beach (memorandum dated January 24, 2011) 200-223

14. COMMISSIONERS ITEMS

A. Commissioner Bob Solari, Chairman

1. County Attorney’s Employment Agreement (memorandum dated January 19, 2011) 224-228

B. Commissioner Gary C, Wheeler, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Peter D. O’Bryan

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Request for authorization to prepare and advertise Request for Qualifications (RFQ) notices for Design/Build Services (memorandum dated January 26, 2011) 229-231

B. Solid Waste Disposal District

None

C. Environmental Control Board

None


16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (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:

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

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

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c~ Be it known that ~ Audubon International

hereby recognizes

IGM ~ Sandridge Golf Club as having been recertified as a

Certified Audubon Cooperative Sanctuary = = - -~· AUDUBON~-~ I ~ = INTERNATIONAL ~ ~A 8-Jl.Ju- == - --. January 10, 2011 Kevin A. Fletcher, Ph.D . _ Certified Since 1999 Executive Director lr. ~ ~~

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FOR IMMEDIATE RELEASE, January 2011 CONTACT: Joellen Lampman, Program Director

(518)767-9051, Ext. 114 . [email protected] www;aliduboninternational.org

IGM - Sandridge Golf Club Recognized for Environmental Excellence

Vero Beach, FL - IGM - . Sandridge Golf Club has retained its designation as a Certified

Audubon Cooperative Sanctuary through the Audubon Cooperative ·sanctuary Program for Golf

Courses (ACSP), an Audubon International program.· To reach certification, course personnel

demonstrate that they are maintaining a high degree of environmental quality in: Environmental

Planning, Wildlife & Habitat Management, Outreach and Education, Chemical Use Reduction

and Safety, Water Conservation, and Water Quality Management.

· Twenty years after its creation, the ACSP continues to promote ecologically-sound ·1ana· · . management and conservation of natural resources on golf c9urses. Results of a recent survey to

measure environmental outcomes cif the ACSP provide· strong support for the· program's

-effectiveness. Queried on a number of environmental management practices, ACSP members

reported improvements in wildlife habitat and water quality protection and conservation. For

example, since joining the program, members reported that, on average, the percentage of natural

shorelines around golf course water features Jumped from 33% to 72%, providing more wildlife

habitat, filtering runoff, and controlling erosion. Ninety-six percent reported using pesticides

with a lower toxicity level since joining the program and 90% have mitigated risks through the

program as a result of improved management practices.

· Many golf courses arc registered in the ACSP because it is considered "the right thing to do;''but

there is also a strong business case for voluntary environmental action. In these days, of

tightening budgets, many ACSP recommendations reduced costs. For example, 70% reduced

pesticide costs, 52% reducedwater·costs, 66% reduced fertilizer costs, and, even during these

times of decreasing rounds, 15% report that they have new g_olfers and/or members because of

their involvement in the ACSP.

2

FOR IMMEDIATE RELEASE- January 2011 CONTACT: Joellen Lampman, Program Director

(518) 767-9051, Ext. 114 [email protected] www.audubonintemational.org

Audubon International is proud that IGM - Sandridge Golf Club is one of 816 courses in the

world to receive the honor, not only because of the environmental achievements of this course,

but because of the model that it now represents'.to its surrounding community. It helps tell the

story that good environmental stewardship is good business and leads to more sustainable

communities.

Audubon International is an environmental organization dedicated to educating, assisting, and

inspiring millions of people from allwalks oflife to protect and sustain the land, water, wildlife,

,and natural resources around them. In addition to golf courses, the Audubon International also

provides programs for schools, businesses, communities, and individuals. For more information,

contact Audubon International, 46 Rarick Rd., Selkirk, NY 12158, USA, (518) 767-9051, e-mail

them via the Internet at [email protected], or visit their website at

www.auduboninternational.org. For more information on golf and the environment, visit

www.golfandenvironment.com.

* * *"*

3

To:

Date:

Subject:

From:

INFORMATIONAL ITEMS FEBRUARY 1, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

January 25, 2011

2011 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN AND VICE CHAIRMAN

Darcy Vasilas, Commissioner Assistant District 3

At the January 24, 2011 Code Enforcement Board meeting, the members voted to elect Keith Hedin as Chairman, and Joe Petrulak as Vice Chairman of the Code Enforcement Board for the year 2011.

No Board action is required.

7A

4

TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A. Baird, County Administrator

INFORMATIONAL ITEM February 1, 2011

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

Thomas J. Croonquist, PSM, County Surveyor -<.>" FROM:

SUBJECT:

DATE:

Survey Services: Purchase Orders processed October 1, 201 O through January 14, 2011 (Memo No. 5)

January 14, 2011

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

Between October 1,2010 {previous Informational Item) through January 14, 2011, the following three (3) Purchase Orders have been processed:

Project: 4th Street and 82nd Ave Bridge Replacement Additional Design and Topographic Survey for Roadway and Bridge Design PO No. 62742 Kimley-Horn and Associates, Inc., dated October 29, 2010 County Project No. 0208 IRC Survey Work Order No. 9 IRC Continuing Survey Services Contract 1032, 2010-2011 Amount: $13,255.00 Account: Optional Sales Tax, Account No. 31521441-066510-05019, 82nd Ave Bridge over Lateral D Canal Requester: Michael Nixon, Roadway Production Manager Task: Perform additional Design and Topographic Surveys to adequately map and depict the areas of anticipated to be impacted by roadway improvements and bridge replacement.

Project: Oslo Boat Ramp Stake Proposed Mangrove Clearing Limits PO No. 62798, Carter Associates Inc., dated November 5, 2010 County Project No. 0381 IRC Survey Work Order No. 34 IRC Continuing Survey Services Contract 1032, 2010-2011 Amount: $2,855.00 Account: County Impact Fees/Parks, Account No. 10321072-066510-03017, Oslo Road Boat Ramp Requester: Michael Nixon, Roadway Production Manager Task: Stake Proposed Mangrove Clearing limits for viewing by the US Army Corps of Engineering for permitting approval.

f:\engineering\tom croonquist\private\bcc agenda items\2011\11-01-14 informational item - survev work orders.doc

76

5

BCC SURVEY SERVICES Purchase Order Informational Item memo #5 From Thomas J, Croonquist, PSM, County Surveyor January 14, 2011 Page2 of2

Project: 12th Street SW, from 9th Ct SW to 17th Ave SW RW Mapping, Design and Topographic Survey for Roadway Improvement Design Indian River Survey County Project No. 1039 PO No. 62792, IRC Survey Work Inc., Order No. 1 IRC Continuing Survey Services Contract 1032, 2010-2011 Amount: $14,260.00 Account: Secondary Roads Gas Tax, Account No. 10921441-033490-05007, Annual Survey Services Requestor: Michael Nixon, Roadway Production Manager Task: Perform RW Mapping, Design and Topographic Surveys to adequately map and depict the areas anticipated to be impacted by roadway improvements.

APPROVED AGENDA ITEM

FOR February 1. 201~ ·rrh A ci Indian River Coun

Administration

Bud et

Le al

Public Works

Engineering

f:\engineering\tom croonquist\private\bcc agenda ftems\2011\11-01-14 informational item - survev work orders.doc

I-If!:• II

6

To:

Date:

Subject:

From:

INFORMATIONAL ITEMS February 1, 2011




January 25, 2011

2011 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND VICE CHAIRMAN

Terri Collins-Lister Commissioner Assistant, District 4

At the January 18, 2011 Economic Development Council (EOG) meeting, the members voted to elect Mr. Scott Carson as Chairman, and Ms. Beth Mitchell as Vice Chairman of the EOG for the year 2011.


7

7P

February 1, 2011 INFORMATIONAL ITEMS



To: Members of the Board of County Commissioners

Date: January 26, 2011

Subject: 2011 ELECTION OF METROPOLITAN PLANNING ORGANIZATION(MPO) BICYCLE ADVISORY COMMITTEE CHAIRPERSON AND VICE CHAIRMAN

From: . Misty L. Pursel Recording Secretary Commissioner Assistant, District 1

At the January 25, 2011 MPO Bicycle Advisory Committee (SAC) meeting, the members voted to re-elect Libby Harrow as Chairperson and George Sharpe as Vice Chairman of the MPO SAC for the year 2011.


FF:\BCC\Agenda ltems\2011\Chairman and Vice Chairman\MPO BAG - Hallow and Sharpe.docx

8

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: January 13, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES January 7, 2011 to January 13, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of January 7, 2011 to January 13, 2011.

Attachment:

DB:MS

9

CHECKS WRITTEN

CHECKNBR CK DATE VENDOR AMOUNT 261544 1/13/2011 EVERGLADES FARM EQUIPMENT CO INC 178.75 261545 1/13/2011 CLEMENTS PEST CONTROL 473.00 261546 1/13/2011 PORT CONSOLIDATED INC 1,303.70 261547 1/13/2011 STURGIS LUMBER & PLYWOOD CO 15.00 261548 1/13/2011 PRAXAIR DISTRIBUTION SOUTHEAST LLC 58.31 261549 1/13/2011 JORDAN MOWER INC 122.46 261550 1/13/2011 INDIAN RIVER AUTO PARTS LLC 210.81 261551 1/13/2011 INDIAN RIVER AUTO PARTS LLC 21.63 261552 1/13/2011 COMMUNICATIONS INTERNATIONAL 368.00 261553 1/13/2011 SSESINCDBA 53.89 261554 1/13/2011 FISHER SCIENTIFIC COMP ANY 31.58 261555 1/13/2011 VERO CHEMICAL DISTRIBUTORS INC 1,476.54 261556 1/13/2011 COPYCO INC DBA 416.91 261557 1/13/2011 IKON OFFICE SOLUTIONS 139.32 261558 1/13/2011 IKON OFFICE SOLUTIONS 238. 18 261559 1/13/2011 KIMLEY HORN & ASSOC INC 13,565.25 261560 1/13/2011 NORTH SOUTH SUPPLY INC 15.41 261561 1/13/2011 VELDE FORD INC 460.52 261562 1/13/2011 SAFETY PRODUCTS INC 399.98 261563 1/13/2011 DATA FLOW SYSTEMS INC 2,547.70 261564 1/13/2011 LIGHTSOURCE IMAGING SOLUTIONS LLC 255.00 261565 1/13/2011 BRENDA DICKHART 1,122.00 261566 1/13/2011 SEWELL HARDWARE CO INC 78.31 261567 1/13/2011 COLD AIR DISTRIBUTORS WAREHOUSE 30.60 261568 1/13/2011 DELTA SUPPLY CO 240.17 261569 1/13/2011 INDIAN RIVER BATTERY 443.20 261570 1/13/2011 INDIAN RIVER OXYGEN INC 2,555.75 261571 1/13/2011 KELLY TRACTOR CO 697.50 261572 1/13/2011 RING POWER CORPORATION 6,096.11 261573 1/13/2011 YAVORSKYS TRUCK SERVICE INC 304.22 261574 1/13/2011 REPUBLIC SERVICES OF FL LP 764.63 261575 1/13/2011 DAVIDSON TITLES INC 39.93 261576 1/13/2011 AMERIGAS EAGLE PROPANE LP 124.00 261577 1/13/2011 AMERIGAS EAGLE PROPANE LP 97.65 261578 1/13/2011 DAILY COURIER SERVICE 560.00 261579 1/13/2011 ACCUTECH INSTRUMENTATION INC 178.71 261580 1/13/2011 INDIAN RIVER MEDICAL CENTER 1,891.13 261581 1/13/2011 HACH CO 130.95 261582 1/13/2011 PHYSIO CONTROL INC 779.15 261583 1/13/2011 SWEINC 325.00 261584 1/13/2011 KSM ENGINEERING & TESTING INC 1,050.00 261585 1/13/2011 HD SUPPLY WATERWORKS, LTD 8,358.68 261586 1/13/2011 BOUNDTREE MEDICAL 1,869.70 261587 1/13/2011 SCHULKE BITTLE & STODDARD LLC 1,069.77 261588 1/13/2011 VERO INDUSTRIAL SUPPLY INC 11.20 261589 1/13/2011 FLORIDA VETERINARY LEAGUE 53.00 261590 1/13/2011 TIRESOLES OF BROW ARD INC 60.00 261591 1/13/2011 ABCO GARAGE DOOR CO INC 151.00 261592 1/13/2011 ATLANTIC COASTAL TITLE CORP 206.00 261593 1/13/2011 HOMELAND IRRIGATION 604.03 261594 1/13/2011 DELL INC. 40,991.01 261595 1/13/2011 XEROX CORP SUPPLIES 129.03 261596 1/13/2011 GENERAL PART INC 911.26 261597 1/13/2011 GOODYEAR AUTO SERVICE CENTER 490.08 261598 1/13/2011 BAKER&TA.YLORINC 2,076.73 261599 1/13/2011 GROVE WELDERS INC 130.90 261600 1/13/2011 MIDWEST TAPE LLC 353.85 261601 1/13/2011 BASS CARLTON SOD INC 18.00

1 10

CHECKNBR CK DATE VENDOR AMOUNT 261602 1/13/2011 ARAMARK UNIFORM SERVICES 343.12 261603 1/13/2011 LOWES CO INC 1,398.16 261604 1/13/2011 ODYSSEY MANUFACTURING CO 18,790.62 261605 1/13/2011 SOUTHERN COMPUTER WAREHOUSE 173.34 261606 1/13/2011 K & M ELECTR1C SUPPLY 67.02 261607 1/13/2011 FIRST HOSPITAL LABORATOR1ES INC 896.05 261608 1/13/2011 POST,BUCKLEY,SCHUH@JERNIGAN 12,606.59 261609 1/13/2011 PALM TRUCK CENTERS INC 647.14 261610 1/13/2011 SVI SYSTEMS INC 143.00 261611 1/13/2011 RELIABLE POLY JOHN 117.89 261612 1/13/2011 COMMUNITY ASPHALT CORP 351.56 261613 1/13/2011 HBELINC 4,385.00 261614 1/13/2011 VOCELLE & BERG LLP 375.00 261615 1/13/2011 CLERK OF CIRCUIT COURT 49.53 261616 1/13/2011 INDIAN RlVER COUNTY HEALTH DEPT 21,937.87 261617 1/13/2011 CITY OF VERO BEACH 60,967.90 261618 1/13/2011 CAMP DRESSER & MCKEE INC 2,003.80 261619 1/13/2011 COMPBENEFITS COMPANY 252.34 261620 1/13/2011 SOUTHERN ELECTR1C SUPPLY CO 4,020.40 261621 1/13/2011 COMMERCIAL ENERGY SPECIALISTS 975.00 261622 1/13/2011 AT&T 2,494.36 261623 1/13/2011 AT&T 541.26 261624 1/13/2011 AT&T 4,364.00 261625 1/13/2011 FERGUSON ENTERPR1SES INC 2,456.25 261626 1/13/2011 EBSCO INFORMATION SERVICES 4.91 261627 1/13/2011 PETTY CASH 18.60 261628 1/13/2011 INDIAN RlVER COUNTY SHERlFF 5,643.76 261629 1/13/2011 INDIAN RlVER COUNTY SHERlFF 24,549.70 261630 1/13/2011 NAN MCKAY AND ASSOCIATES INC 448.00 261631 1/13/2011 FGFOA 78.00 261632 1/13/2011 FLORIDA EAST COAST RAILWAY COMP ANY 5,523.00 261633 1/13/2011 CCA HOLDINGS LIMITED PARTNERSHIP 400.00 261634 1/13/2011 JANITOR1AL DEPOT OF AMER1CA INC 548.18 261635 1/13/2011 TREASURE COAST HOMELESS SERVICES 8,230.27 261636 1/13/2011 PUBLIX SUPERMARKETS 58.90 261637 1/13/2011 ARTHUR J GALLAGHER RlSK MGMT SERVICES 199.68 261638 1/13/2011 WAL MART 173.62 261639 1/13/2011 INDIAN RlVER COUNTY UTILITIES 292.06 261640 1/13/2011 INDIAN RlVER COUNTY UTILITIES 5,227.53 261641 1/13/2011 ROGER CLEVELAND GOLF INC 16.94 261642 1/13/2011 TOTAL TRUCK PARTS INC 1,325.22 261643 1/13/2011 CULTURAL COUNCIL OF !RC 7,676.00 261644 1/13/2011 GEOSYNTEC CONSULTANTS INC 554.39 261645 1/13/2011 OFFICE DEPOT BSD CUSTOMER SVC 552.77 261646 1/13/2011 CHAMBER OF COMMERCE 18,754.84 261647 1/13/2011 ST JOHNS RlVER WATER MGMT DISTR1CT 100.00 261648 1/13/2011 FEDERAL EXPRESS 47.47 261649 1/13/2011 FEDERAL EXPRESS 45.71 261650 1/13/2011 KMART 10.00 261651 1/13/2011 PERKINS INDIAN RlVER PHARMACY 61.29 261652 1/13/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 184.17 261653 1/13/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 592.47 261654 1/13/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 182.00 261655 1/13/2011 TRAFFIC PARTS INC 2,880.00 261656 1/13/2011 VERO HER1TAGE INC 1,075.00 261657 1/13/2011 CORPORATION OF THE PRESIDING BISHOP 44.00 261658 1/13/2011 CALLAWAY GOLF SALES COMPANY 37.50 261659 1/13/2011 SUBSTANCE AWARENESS COUNCIL OF !RC INC 21,483.45 261660 1/13/2011 FLORIDA POWER AND LIGHT 297.94 261661 1/13/2011 FLORIDA POWER AND LIGHT 12,335.10

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CHECKNBR 261662 261663 261664 261665 261666 261667 261668 261669 261670 261671 261672 261673 261674 261675 261676 261677 261678 261679 261680 261681 261682 261683 261684 261685 261686 261687 261688 261689 261690 261691 261692 261693 261694 261695 261696 261697 261698 261699 261700 261701 261702 261703 261704 261705 261706 261707 261708 261709 261710 261711 261712 261713 261714 261715 261716 261717 261718 261719 261720 261721

CKDATE 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011

VENDOR FLORlDA POWER AND LIGHT ACUSHNET COMPANY INDIAN RIVER COUNTY TAX COLLECTOR PUBLIC DEFENDER FLORlDA BEACH PATROL CHIEFS ASSOC VETERANS COUNCIL OF IR C STATE ATTORNEY CITY OF FELLSMERE PEACE RlVER ELECTRlC COOP INC GLOBAL GOLF SALES INC WASTE MANAGEMENT INC LANGUAGE LINE SERVICES FLORlDA EMERGENCY PREPAREDNESS FLORlDA ENGINEERS MGMT CORP DBA CARL BROBST CONSTRUCTION INC RED WING BRANDS OF AMERlCA INC BUILDING OFFICIALS ASSOC OF FLORlDA ENVIRONMENTAL SYSTEMS RES INST INC FLORlDA UC FUND GIFFORD COMMUNITY CENTER DAVIDA HAYS WESTSIDE REPROGRAPHICS OF VERO BEACH INC GCATLLC COMCAST BANK OF NEW YORK ADVANCED XEROGRAPHICS IMAGING PINNACLE GROVE LTD C & C ELECTRlC WORKS INC HOMETOWN NEWS GULF CONTROLS CO LLC ECONOLITE CONTROL PRODUCTS INC RECHTIEN INTERNATIONAL TRUCKS CARLYLE, ROXANNE A THE PALMS AT VERO BEACH AMERlCAN SOCIETY OF COMPOSERS RUSSELL PAYNE INC EMILY HAZEN JOSEGUANCH CINTAS CORPORATION NO 2 CINTAS CORPORATION NO 2 FLORlDA DEPT OF JUVENILE JUSTICE VAN WAL INC HYDROMENTIA POL YDYNE INC COMPLETE CLEANING SERVICE PIPPIN TRACTOR RANDOM HOUSE INC TREASURE COAST RADIATOR INC PARGAS SOUTHERN JANITOR SUPPLY INC JOHNS EASTERN COMP ANY INC PAK MAIL CENTER E W SIVER & AS SOCIA TES INC NATIONAL ASSOCIATION OF HOUSING AND MARONDA HOMES CAPITAL OFFICE PRODUCTS ETR LLC DAVID SILON BEACHLAND CLEANING SERVICE HARCROS CHEMICALS, INC.

AMOUNT 4,882.66 2,844.82

87.75 3,862.50

100.00 6,555.55 6,871.75

111.04 356.00 149.23

1,615.59 409.67

75.00 130.00

12,018.07 23,345.89

180.00 395.00

42,019.11 7,221.65

230.00 46.80

243.70 60.00 28.76

14,000.00 400.00 426.00 198.15 87.80

4,575.00 54.97 32.93

475.00 615.00 370.69

27.97 20.00

169.50 280.31

42,489.27 559.00

25,200.00 5,014.00 3,540.00

65.69 40.G0

292.00 1,025.00

113.57 24,591.46

74.40 5,950.00

431.25 51.90

1,223.82 189,998.00

355.00 1,078.00 2,855.72

3 12

CHECKNBR 261722 261723 261724 261725 261726 261727 261728 261729 261730 261731 261732 261733 261734 261735 261736 261737 261738 261739 261740 261741 261742 261743 261744 261745 261746 261747 261748 261749 261750 261751 261752 261753 261754 261755 261756 261757 261758 261759 261760 261761 261762 261763 261764 261765 261766 261767 261768 261769 261770 261771 261772 261773 261774 261775 261776 261777 261778 261779 261780 261781

CKDATE 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011

VENDOR SNODGRESS, MICHAEL LAUI<:, JEFFREY EXTREME CONTROL SYSTEMS INC CAROLLO ENGINEERS VOYAGER FLEET SYSTEMS INC METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC WACO AS SOCIA TES, INC PETER OBRYAN DIAL411 YELLOW BOOK USA MID FLORIDA PORTABLE TOILETS, LLC COMPLETE ALARM INC. ARTISTIC FIRST FLORIST WINGFOOT PLASTIC PRINTING SVS INC CHIPS AUTO GLASS GIPSON, GEORGE M ZHANNA VALIERA CEMEX GL HOMES BUILDING CORP SIMS CRANE & EQUIPMENT CO SWEENEY, LAURA CAMPBELL, ETHYEN ON ITS WAY WESTSIDE DAVID WICHSER SUAREZ, MARISABEL PEREZ,GUILLERMO SALSINC CLAUDE, JEAN R RICHARD, EDWARD PROTRANSMASTERS II INC DYER CHEVROLET L&L DISTRIBUTORS JESSE VIOLANTE TRUCKING INC CARDIAC SCIENCE CORPORATION SP RECYCLING CORPORATION ROBERTA BARKER PATTYS PRINTING & GRAPHICS INC EXPRESS SUPPLY INC GR FLORIDA HOMES I LLC MARRERO TEAM.COM REAL ESTATE LLC TRAHAN, RONALD D & KRISTINA DI VOSTA HOMES LP FLORIDA VALUE PARTNERS TRIPOLI, MARIA CUSTOM BRANDED SPORTSWEAR INC WILDLIFE FOUNDATION OF FLORIDA AMERITREND HOMES TAPCO UNDERWRITERS INC TAPCO UNDERWRITERS INC TAPCO UNDERWRITERS INC S &SAUTOPARTS HERAN,DEAN COLDWELL BANKER ED SCHLITT REALTORS NIC MANAGEMENT LLC SHERRY SELINSKE STAT MEDICAL DISPOSAL INC COLDWELL BANKER ED SCHLITT REALTORS WAYNER COMENT EAST COAST ANIMAL MEDICAL CENTER

AMOUNT 7.92

58.80 2,361.04 1,186.35

16,207.20 99.50

5.71 11,799.85

16.14 13.46

304.00 75.00

360.00 59.95

1,850.00 55.00 32.87

181.00 858.79 214.48 420.00

69.66 41.50 55.86

257.96 68.22 55.44 74.70 73.58 40.41

2,027.20 780.04

1,035.46 595.52

2,360.00 817.73 90.82

543.45 2,276.00

73.58 43:28 42.21 62.86 47.16

4.74 411.35 200.00

62.86 1,144.02 1,043.38

849.28 1,226.01

38.07 62.86 40.41. 15.40

220.00 45.07

225.00 225.00

4 13

CHECKNBR CK DATE VENDOR AMOUNT 261782 1/13/2011 GUIDROZ, GARETT 73.58 261783 1/13/2011 BENEFITS WORKSHOP 333.72 261784 1/13/2011 ALWAYS ON TIME ENTERPRISES INC 1,096.76 261785 1/13/2011 HSBC BANK USA, NATL ASSOC, AS TRUSTE 37.33 261786 1/13/2011 DEPCO PUMP COMPANY INC . 891.40 261787 1/13/2011 HOLLINGER METAL EDGE INC 961.66 261788 1/13/2011 SAFETY ZONE SPECIALISTS INC 3,763.20 261789 1/13/2011 EE&G ENVIRONMENTAL SERVICE LLC 4,819.00 261790 1/13/2011 HARVEY, CYNTHIA 69.02 261791 1/13/2011 DE ROJAS, GLADYS 89.36 261792 1/13/2011 BEZAK, LISA 126.42 261793 1/13/2011 CARROLL, WILLIAM C 75.16 261794 1/13/2011 AMANTE, ALFREDO 77.13 261795 1/13/2011 UNTERREINER, MARK 57.49 261796 1/13/2011 DA VIS, COLLEEN 13.41 261797 1/13/2011 JARRETT, VIRGINIA C 31.78 261798 1/13/2011 ALLAIRE, LE ROY 23.13 261799 1/13/2011 WALCZAK, RONALD 70.75 261800 1/13/2011 TOBAR, ROBERT & LILLIAN 71.58 261801 1/13/2011 ALLEN, LATOYA 1.14 261802 1/13/2011 JOHNSON, VICTORIA W. 11.53 261803 1/13/2011 ARRAYA, NICOLE 9.39 261804 1/13/2011 JACKSON, DANYELE 25.71 261805 1/13/2011 TIMOTHY C BELL SR 41.23 261806 1/13/2011 QUIIRK ,CHRISTINE 71.76 ·

261807 1/13/2011 KAPHAN, MATTHEW 43.07 261808 1/13/2011 CHAMPNEY, RONALD 77.13 261809 1/13/2011 ALGARIN, HIRAM 1.33 261810 1/13/2011 FIELD ASSET SERVICES INC 37.35

261811 1/13/2011 ALLEN, SUMMER 9.75

261812 1/13/2011 SMITH, RICKEY Ul 261813 1/13/2011 PETERSON,CARRIE 39.50

261814 1/13/2011 BROWN, JALISHA 25.87

261815 1/13/2011 SELPH, CHRISTINE L 26.51

261816 1/13/2011 BEVERETT, CURTIS AARON 1.58 261817 1/13/2011 FOGEL, DONNA & ALEX 64.60 261818 1/13/2011 GRAND BANK & TRUST OF FLORIDA 112.71

261819 1/13/2011 MAANAO, AGUEDA 57.00

261820 1/13/2011 HERITAGE VILLAS OF VERO 5.37

261821 1/13/2011 MAGLOIRE, MICHEL 1.58

261822 1/13/2011 JACKSON, ANGELA 21.12

261823 1/13/2011 PSZCZOLA, JASON 9.53

261824 1/13/2011 SHELLMAN, CRAIG 9.13

261825 1/13/2011 MORGAN, LILLIE R 21.84

261826 1/13/2011 GARTRELL, BRANDI 57.49

261827 1/13/2011 LISCINSKY, JEAN M. 11.70

261828 1/13/2011 FREDERICK, HAZEL 27.79 261829 1/13/2011 PAQUETTE, VALERIE 3.92

261830 1/13/2011 COOPER, STEPHANIE L 33.59

261831 1/13/2011 ZERR,ROBB 61.98

261832 1/13/2011 MOORE, ULYSSES 51.36

261833 1/13/2011 OSHKOSH BGOSH INC 48.12

261834 1/13/2011 BOUSQUET, ANTON H 57.49

261835 1/13/2011 JOSAN CONSTRUCTION 325.81

261836 1/13/2011 PARKS,AMY 40.41

261837 1/13/2011 PAYTON, YOLANDA 17.34

261838 1/13/2011 DARNELL, STEVEN A 41.01

261839 1/13/2011 CORRELL, REGGIE 44.24

261840 1/13/2011 MARA VILLA, MONICA 66.40

261841 1/13/2011 BORCHARDT, DA YID 34.60

5 14

CHECKNBR 261842 261843 261844 261845 261846 261847 261848 261849 261850 261851 261852 261853 261854 261855 261856 261857

Grand Total:

CKDATE 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011 1/13/2011

VENDOR HERTLEIN, FLOYD REAL HOME SERVICES & SOLUTIONS INC RUF, JIM SUDNYKOVYCH,MARGO CORLEY, STEPHEN HAARLANDER, MICHAEL JUSTMAN, MELE PASQUARELLI, CAROL ANN CADIERE SR, BRADLEY J. HALL, SANDRA THORPE, DENISE PETERSON & MYERS PA INC MARIELA CENDEJAS SHAQUILLA WILLIAMS SHANNON TIIOMAS J CROONQUIST SEMBLER AND SEMBLER INC

AMOUNT 23.43 52.67

2.46 78.32

7.79 49.54 42.12 61.51 57.49 35.11 16.34

2,359.90 150.00 50.00

355.00 13,964.00

883,028.20

6 15

CHECKNBR 1325 1326 1327 1328 1329 1330 1331 1332

Grand Total:

CK DATE 1/7/2011 1 1/7/2011 I 1/7/2011 1 1/7/2011 I 1/7/2011 1 1/7/2011 I 1/11/2011 1/13/2011

WIRES SENT

VENDOR ICMA RET CORP NA CO/SOUTHEAST ICMA RETIREMENT CORPORATION FLSDU IRS-PAYROLL TAXES IRS-PAYROLL TAXES IRS-PAYROLL TAXES BANK OF AMERICA

AMOUNT 1,870.00

18,823.14 18,844.16 8,408.88

458,392.95 363.81 354.52

19,183.78 526,241.24

16

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS


SUBJECT: APPROVAL OF WARRANTS AND WIRES January 14, 2011 to January 20, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of January 14, 2011 to January 20, 2011.

Attachment:

DB:MS

17

CHECKNBR 261858 261859 261860 261861 261862 261863 261864 261865 261866 261867 261868 261869 261870 261871 261872 261873 261874 261875 261876 261877 261878 261879 261880 261881 261882 261883 261884 261885 261886 261887 261888 261889 261890 261891 261892 261893 261894 261895 261896 261897 261898 261899 261900 261901 261902 261903 261904 261905 261906 261907 261908 261909 261910 261911 261912 261913 261914 261915

CKDATE 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/19/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 l/20/20ll 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011

CHECKS WRITTEN

VENDOR ILLINOIS STATE DISBURSEMENT UNIT CHAPTER13TRUSTEE VB FIREFIGHTERS ASSOC IR FEDERAL CREDIT UNION UNITED WAY OF INDIAN RIVER COUNTY TEAMSTERS LOCAL UNION #769 CALIFORNIA STATE DISBURSEMENT UNIT FLORIDA DEPT OF EDUCATION MISDU MICHIGAN STATE BOARD OF COUNTY COMMISSIONERS OHIO CHILD SUPPORT AMERICAN HEART ASSOC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT EVERGLADES FARM EQUIPMENT CO INC TESTAMERICA PARKS RENTAL & SALES INC DAVES COMMUNICATIONS/ELECTRONIC PRAXAIR DISTRIBUTION SOUTHEAST LLC JORDAN MOWER INC INDIAN RIVER AUTO PARTS LLC SSESINCDBA TEN-8 FIRE EQUIPMENT INC COPYCO INC OBA IKON OFFICE SOLUTIONS KIMLEY HORN & ASSOC INC NORTH SOUTH SUPPLY INC VELDE FORD INC SAFETY PRODUCTS INC RUSSELL CONCRETE INC LIGHTSOURCE IMAGING SOLUTIONS LLC SEWELL HARDWARE CO INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC REPUBLIC SERVICES OF FL LP DEMCOINC THE GALE GROUP MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES GAYLORD BROTHERS INC APPLE INDUSTRIAL SUPPLY CO HACH CO AKZO NOBEL COATINGS INC PARK.SON CORPORATION PLA YCORE HOLDINGS INC ALLIED ELECTRONICS INC GALLS AN ARAMARK CO ROWMAN & LITTLEFIELD PUBLISHING GROUP IN SCHULKE BITTLE & STODDARD LLC ECOTECH CONSULTANTS INC EGPINC VERO INDUSTRIAL SUPPLY INC PROFORMA IMAGING TIRESOLES OF BROW ARD INC FIRESTONE COMPLETE AUTO CARE CENTER POINT INC

AMOUNT 142.32 393.80

6,120.00 51,382.50

1,482.88 5,840.00

120.92 225.23 478.85 157.00 235.39

4.00 192.03 194.65 108.62 224.82 478.75 394.94

32.00 599.06 178.52

58.18 317.59 630.14 72.03 94.90

32,805.08 108.48 459.03 132.03

1,092.50 108.03 28.09

292.53 94.37 11.45

222.32 12.40

939.54 100.00 105.75 388.02 148.11

1,192.32 727.28 180.80

22,381.48 424.59 589.98 49.00

975.00 16,915.50

759.21 748.32

57.50 7,384.80 3,211.28

212.10

1 18

CHECKNBR CKDATE VENDOR AMOUNT 261916 1/20/2011 ABCO GARAGE DOOR CO INC 55.00 261917 1/20/2011 CHILDCARE RESOURCES OF IRC INC 20,068.11 261918 1/20/2011 ATLANTIC COASTAL TITLE CORP 75.00 261919 1/20/2011 HOMELAND IRRIGATION 39.95 261920 1/20/2011 THE EXPEDITER 502.68 261921 1/20/2011 XEROX CORP SUPPLIES 2,536.16 261922 1/20/2011 GENERAL PART INC 340.74 261923 1/20/2011 BAKER&TAYLORINC 2,595.16 261924 1/20/2011 MIDWEST TAPE LLC 21.99 261925 1/20/2011 HARRIS SANITATION INC 74,918.53 261926 1/20/2011 ARAMARK UNIFORM SERVICES 1,088.65 261927 1/20/2011 LOWES CO INC 675.62 261928 1/20/2011 LOWES CO INC 200.00 261929 1/20/2011 MWICORP 1,278.76 261930 1/20/2011 ODYSSEY MANUFACTURING CO 3,737.00 261931 1/20/2011 PAK MAIL 266.12 261932 1/20/2011 SOUTHERN COMPUTER WAREHOUSE 131.47 261933 1/20/2011 PALM TRUCK CENTERS INC 10.38 261934 1/20/2011 OFFICE PRODUCTS & SERVICES INC 359.80 261935 1/20/2011 SOFTWARE HOUSE INTERNATIONAL CORP 46,129.47 261936 1/20/2011 SEBASTIAN OFFICE SUPPLY CO 207.09 261937 1/20/2011 HBELINC 4,457.50 261938 1/20/2011 INDIAN RIVER COUNTY 21,627.00 261939 1/20/2011 CITY OF VERO BEACH 13,136.32 261940 1/20/2011 APPLE MACHINE & SUPPLY CO 98.24 261941 1/20/2011 INDIANRIVERALLFAB INC 382.62 261942 1/20/2011 GENERAL ELEV ATOR SALES & SERVICE 6,480.00 261943 1/20/2011 AT&T 26,245.37 261944 1/20/2011 AT&T 186.34 261945 1/20/2011 AT&T 116.59 261946 1/20/2011 UNITED PARCEL SERVICE INC 49.85 261947 1/20/2011 FERGUSON ENTERPRISES INC 9,358.39 261948 1/20/2011 AMERICAN WATER WORKS ASSOC 198.00 261949 1/20/2011 FLORIDA DEPARTMENT OF BUSINESS AND 3,927.07 261950 1/20/2011 FGFOA 26.00 261951 1/20/2011 B/C BIS OF FL ADM FEE 8,892.75 261952 1/20/2011 IR C HEALTH INSURANCE - TRUST 43,504.89 261953 1/20/2011 JANITORIAL DEPOT OF AMERICA INC 2,825.03 261954 1/20/2011 FLORIDA FISH & WILDLIFE 7,685.25 261955 1/20/2011 TREASURE COAST HOMELESS SERVICES 3,461.78 261956 1/20/2011 HUMANE SOCIETY 38,400.00 261957 1/20/2011 PUBLIX SUPERMARKETS 90.00 261958 1/20/2011 WALMART 802.44 261959 1/20/2011 INDIAN RIVER COUNTY UTILITIES 26,132.12 261960 1/20/2011 ROGER CLEVELAND GOLF INC 708.40 261961 1/20/2011 AQUAGENIX 372.00 261962 1/20/2011 EXCHANGE CLUB CASTLE 4,159.96 261963 1/20/2011 GEOSYNTEC CONSULTANTS INC 4,625.54 261964 1/20/2011 OFFICE DEPOT BSD CUSTOMER SVC 1,285.25 261965 1/20/2011 WEST PUBLISHING CORPORATION 97.00 261966 1/20/2011 FEDERAL EXPRESS 5.78 261967 1/20/2011 FEDERAL EXPRESS 7.05 261968 1/20/2011 FEDERAL EXPRESS 6.83 261969 1/20/2011 MUNICIPAL CODE CORPORATION 400.00 261970 1/20/2011 COMO OIL COMP ANY OF FLORIDA 2,274.55 261971 1/20/2011 CITY OF SEBASTIAN 20,304.76 261972 1/20/2011 SPRINT SPECTRUM LP 252.00 261973 1/20/2011 PRIDE ENTERPRISES 2,240.00 261974 1/20/2011 JDM ENTERPRISES OF VERO BEACH 51.00 261975 1/20/2011 TIMOTHY ROSE CONTRACTING INC 16,555.46

2 19

CHECKNBR 261976 261977 261978 261979 261980 261981 261982 261983 261984 261985 261986 261987 261988 261989 261990 261991 261992 261993 261994 261995 261996 261997 261998 261999 262000 262001 262002 262003 262004 262005 262006 262007 262008 262009 262010 262011 262012 262013 262014 262015 262016 262017 262018 262019 262020 262021 262022 262023 262024 262025 262026 262027 262028 262029 262030 262031 262032 262033 262034 262035

CKDATE 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011

VENDOR TRAFFIC PARTS INC ATLANTIC REPORTING INC CORPORATION OF THE PRESIDING BISHOP CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT ACUSHNET COMPANY VERONICA OGILVIE BLUE CROSS & BLUE SHIELD of FLORIDA PHILLIP J MATSON TAYLORMADEGOLF CO INC LEADERSHIP DIRECTORIES INC APPLIED TECHNOLOGY & MANAGEMENT RCL DEVELOPMENT INC SUNSHINE STATE ONE CALL OF FL INC GOVERNMENT FINANCE OFFICERS ASSOC SEBASTIAN RIVER HIGH SCHOOL COMPLETE ELECTRIC INC HOMELESS FAMILY CENTER INC BARKER ELECTRIC, AIR CONDITIONING AGENCY FOR HEALTH CARE ADMIN TROY FAIN INSURANCE INC PORTSUPPLYWESTMARINE GK ENVIRONMENTAL INC CHILDRENS HOME SOCIETY OF FL INC BANK OF NEW YORK ADVANCED XEROGRAPHICS IMAGING BRIDGE DESIGN ASSOCIATES INC C & C ELECTRIC WORKS INC SOUTHERN PLUMBING INC CAROLINA SOFTWARE INC SCHOOL DISTRICT OF IR COUNTY LOC PUMP & EQUIPMENT CO OF FL SYMETRA LIFE INSURANCE COMP ANY TRI-DIM FILTER CORP MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS CONSOLIDATED RESOURCE RECOVERY INC BUREAU OF ECON & BUSINESS RESEARCH INDIAN RIVER PROJECT MANAGEMENT INC PUKKA INC RUSSELL PAYNE INC FLAGLER CONSTRUCTION EQUIPMENT LLC LAMAN,JOHN CONTROL SYSTEMS DESIGN INC VAN WAL INC HYDROMENTIA DURA-STRESS UNDERGROUND INC FLORIDA RURAL LEGAL SERVICES INC GRESSCO SOUTHERN JANITOR SUPPLY INC CENTRAL PUMP & SUPPLY INC MARONDA HOMES CAPITAL OFFICE PRODUCTS CAPITAL OFFICE PRODUCTS MASTELLER & MOLER INC DICKERSON FLORIDA INC EDWARD R ROSEBERRY HARCROS CHEMICALS, INC. WALTER MORTGAGE COMPANY LLC

AMOUNT 780.00 378.71

99.00 469.14

60,922.69 2,024.59

684.39 14.24

2,490.32 24.92

1,108.26 499.00

14,192.55 9,608.73 1,248.53

150.00 70.00

585.00 8,323.26

81.00 32,157.54

53.00 24.20

46,473.90 250.00

2,075.00 3,805.95 8,707.44 6,134.00

284.00 300.00

1,291.73 3,854.43 2,560.11

301.71 425.90

2,257.34 64,190.26

121.50 19,567.0:S

372.00 483.55

1,229.25 46.10

1,080.00 152.00

5,033.33 1,325.00 2,136.10

434.32 1,577.84

93.07 68.22

5.70 652.48

2,546.70 581,121.12

21.46 5,560.34

500.00

3 20

CHECKNBR 262036 262037 262038 262039 262040 262041 262042 262043 262044 262045 262046 262047 262048 262049 262050 262051 262052 262053 262054 262055 262056 262057 262058 262059 262060 262061 262062 262063 262064 262065 262066 262067 262068 262069 262070 262071 262072 262073 262074 262075 262076 262077 262078 262079 262080 262081 262082 262083 262084 262085 262086 262087 262088 262089 262090 262091 262092 262093 262094 262095

CKDATE 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011

VENDOR GLOVER OIL COMP ANY INC RICHARD M HERREN STANLEY CONSULTANTS INC ARNORINC HEART OF THE EARTH MARKETING CONSOLIDATED ELECTRICAL DISTRIBUTORS INC WHEELABRA TOR RIDGE ENERGY INC POLICASTRO & LEROUX PA REALTORS ASSOCIATION OF INC INTERNATIONAL SWEEPING TAMMYLBOGART THE PLACE AT VERO BEACH SOUTHEAST SECURE SHREDDING SADHWANI, DIVYA DYER CHEVROLET STANDARD LIFE INSURANCE LABELCITY.COM K'S COMMERCIAL CLEANING ELECSYS INTERNATIONAL CORP L&L DISTRIBUTORS JESSE VIOLANTE TRUCKING INC VERO BEACH EXCHANGE CLUB DAVID L HANCOCK ESQ SERVICE INSURANCE COMPANY NICOLACE MARKETING INC TRITELINC PAUL SMITH MARRERO TEAM.COM REAL ESTATE LLC FLORIAN, MATHEW W LUCY GAUNT FEDERAL NATIONAL MORTGAGE ASSOCIATION TREASURE COAST RANCH INC TENTS N EVENTS INC NORTH HARRIS COMPUTER CORPORATION SOUTHEASTERN CHEMTREAT INC HELPING ANIMALS LIVE-OVERCOME GUARDIAN FUELING TECHNOLOGIES RMMC WALKER CLUB LLC INDIAN RIVER SURVEY INC S & S AUTO PARTS REMAX - WILLIAM C CARROLL AMERICHEM LAWN & PEST CONTROL INC CIVILSURV DESIGN GROUP INC STAT MEDICAL DISPOSAL INC DELGADO GROUP CORPORATE CARE WORKS LYON FINANCIAL SERVICES INV CENTRAL FLORIDA LUMBER & SUPPLY CO OSCEOLA COUNTY SECTION 8 OSHKOSH BGOSH INC SUSTAINABLE ENGINEER & DESIGN LLC BOOKER AND BONNIE ENTERPRISES LLC FAS-ARM UTILITIES, LLC KRUGER, M/M KENNETH SBSLLC ESTINFIL, ELISA PATTON, KENNITH FLETCHER, RACHEL Y. ZHENG, DAI-QIANG DELLA PORTA CONSTRUCTION CO INC

AMOUNT 66,335.56

25.00 16,043.32

10.48 479.05

41.49 7,573.20. 4,028.48

86,204.43 2,843.75

220.48 247.56 396.65 189.99

3,297.33 605.85

71.17 750.00 479.29 224.20

3,166.13 200.00

1,225.00 5,094.00

745.00 99.00

150.00 73.58 40.41

344.47 26.42

10,440.00 200.00

11,119.80 9,597.70

27.00 37,589.43

500.00 7,130.00 1,083.07

73.58 500.00

2,060.80 330.00

2,620.30 275.55 288.41 400.00

1,200.28 26.42

11,187.50 40.41

162.97 4.26

45.35 3.06

43.52 23.14 68.22

299.40

4 21

CHECKNBR 262096 262097 262098 262099 262100 262101 262102 262103 262104 262105 262106 262107 262108 262109 262110 262111 262112 262113 262114 262115 262116 262117 262118 262119 262120 262121 262122 262123 262124 262125 262126

Grand Total:

CKDATE 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/201 I 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/2011 1/20/201 I

VENDOR PRESLEY, DONNA LORIA, MICHAEL BUSBIN, AMANDA BARLOW, MATTHEW SCOTT PROFESSIONAL COMMUNITY SVC INC SAGALOW, SELENA SPICOLI, MARIAM STILES, MICHAEL J WILLIAMS, SHA V ADNE BERGEY, WILLIAM SPANN, BRIAN DU BOSE, GEORGIA F DOUGLAS, BRANDON S. COYA,ALBERT WRIGHT III, JACK A HURLEY,REBECCA LANDERS, BRAD RIVERA, LUIS MC ELROY, JEFF RAINES, BRIAN L GOLDBERG, JACQUELINE HEALY, STEVE WALLACK, KURTL. NEGRON, DA YID ASTON, KRISTEN LEGG, ROBERT & LESLIE LPM MILLSTONE, LLC THOMAS & JOSEPHINE MARIN CHERYL SMITH AARON TAPPEN PULTE GROUP

AMOUNT 97.39 10.23 2.67 3.02

44.76 21.56 61.03 59.17 77.13 23.59 55.44 20.35 23.15 11.25 23.35 60.35 57.49

9.39 4.66

46.30 20.88 36.44 75.16 33.81

1.07 62.86 18.34 59.55 38.41

241.39 29.03

1,792,611.47

5 22

CHECKNBR 1333 1334

Grand Total:

CKDATE 1/18/2011 1/19/2011

WIRES SENT

VENDOR BENEFITS WORKSHOP SCHOOL DISTRICT OF IR COUNTY

AMOUNT 10,531.97 10,536.00 21,067.97

I 23

TO:

DATE:

SUBJECT:

FROM:

February 1, 2011 CONSENT




January 25, 2011

Current Committee Applications for Planning & Zoning Commission

Chairman Bob Solari, District 5 ~{..

Notice of resignation of a Member-at-Large position was made on January 11, 2011.

Attached is a current list of committee applications received to date with applicants listed. For purposes of saving natural resources, all applications received are on file in the Commission Offices.

I would appreciate the Board's review and possible nomination of the following applicants to fill the vacant Member-at-Large position:

BS:mlp

Todd A. Brognano Bob Bruce

Alyson C. Metcalfe Nicholas Rains

24

8b February 1, 2011

CONSENT



TO: Members of the Board of County Commissioners


SUBJECT: Current Committee Applications for Tourist Development Council

FROM: Terri Collins-Lister Commissioner Assistant, District 4

Notice of resignation of an Owner/Operator Tourist Accommodations Representative to the Tourist Development Council was made on January 4, 2011.


I would appreciate the Board's review and possible nomination of the following applicants to fill the vacant Owner/Operator Tourist Accommodations Representative position:

Jennifer Bates Keith Kite

25

February 1, 2011 CONSENT





SUBJECT: Current Committee Applications for Economic Development Council

FROM: Terri Collins-Lister Commissioner Assistant, District 4

Notice of resignation of a Member-At-Large Appointee to the Economic Development Council was made on December 21, 2010.


I would appreciate the Board's review and possible nomination of the following applicants to fill the vacant Member-At-Large Appointee position:

Kenny Holmes Ralph Monticello Nicholas Rains

Ardra Rigby Duane Weise

Karl Zimmermann

26

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 2ih STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562

MEMORANDUM for CONSENT AGENDA

TO:

THROUGH:

FROM:


Christopher R. Mora, P.E., Public Works Director ~ W. Keith McCully, P.E., Stormwater Engineer nttu

SUBJECT: CONSENT AGENDA - APPROVAL OF CHANGE ORDER NO. 1 TO WORK ORDER NO. L-1 with G.K. ENVIRONMENTAL, INC. for EGRET MARSH REGIONAL STORMWATER PARK LANDSCAPING


BACKGROUND

On November 16, 2010, Indian River County approved Work Order No. L-1 with G.K. Environmental, Inc. for completion of landscaping at Egret Marsh Regional Stormwater Park (Egret Marsh). The work order was necessary due to the County's termination of the original construction contract with H & D Construction Company, Inc. for breach of contract, and due to the performance bond company's failure to act in a timely manner.

Change Order No. 1 is necessary because a soils analysis performed by the University of Florida on behalf of G.K. Environmental (GKE) indicates that the pH of much of the site soil is higher than desired for proper plant growth. To alleviate this problem, Change Order No. 1 modifies planting procedures as follows: (1) double the diameter of auger holes for all trees, and (2) backfill each hole with good quality top soil and polymers. The total number of trees planted remains the same, however the quantities of individual tree species have been revised so that the Work Order total cost, including Change Order No. 1, does not exceed the original Work Order amount. Change Order No. 1 results in a $112 decrease in the original contract price.

Original Contract Price = $243,508.20

Contract Price after Change Order No. 1 : a. Reduction in price due to adjustment of tree species b. Increase in price due to soil sampling, larger auger

holes, imported topsoil, polymers, and additional labor Total decrease in contract price due to Change Order No. 1

1

= ($3,821.00)

= $3,709.00 = ($ 112.00)

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27

Change Order No. 1 to G.K. Environmental Work Order Egret Marsh BCC Meeting - Feb. 1, 2011 - CONSENT AGENDA January 12, 2011

Final Contract Price = $243,396.20

Revised Tree Quantities due to Change Order No. 1 are:

Original Revised Tree Species Quantity Quantity due

to Change Order No. 1

Bald Cypress 113 12 Live Oak 13 115 Slash Pines 51 40 Maple 31 51 Water Oak 10 0 TOTALS 218 218

RECOMMENDATION

Staff recommends the Board of County Commissioners: 1. Approve Change Order No. 1 to Work Order No. L-1 with G. K. Environmental,

Inc. and authorize the Chairman to execute it on behalf of the County. The Work Order has already been signed by G. K. Environmental, Inc.

FUNDING

Change Order No. 1 decreases Work Order No. L-1 by $112. The revised amount of Work Order No. L-1 is $243,396.20. The account number is 31524338-066510-05057 and the funding sources associated with the work in Change Order No. 1 (with original preconstruction amounts indicated) are: 1. Section 319(h) Grant Funds - (FDEP Agreement No. G0143) = $490,000 2. Transfer of remaining funds from SJRWMD Contract SF611AA = approximately

$750,577. 3. State of Florida Grant- DEP Agreement No. LP6822 = $750,000 4. State of Florida Grant - DEP Agreement No. LP6734 = $2,000,000 5. State of Florida Specific Appropriation 1772C for the Indian River Lagoon

Initiative = $1,500,000 6. Approximate amount available from the one-cent sales tax fund = $1,200,000 7. SJRWMD Cost-Share Contract No. 25245 = $1,500,000

2 !=·\P11hlir.. Wnrkc::\KPithM\Rtnrmw!:lh~r PrniPr:tc::\FnrAt M~l"l-:.h f'::nnc::tr11t'!tinn\AnAnri!:I lti:>mc::\Fnn:~t M!:IN:.h C::nn<::.Ant Am::mrl!:1 - C::KF r.h:::mnA

28

•

Change Order No. 1 to G.K. Environmental Work Order Egret Marsh BCC Meeting - Jan. 25, 2011 - CONSENT AGENDA February 1, 2011

ATTACHMENTS

1. Change Order No. 1 to Work Order No. L-1 with G. K. Environmental, Inc. (one copy signed by G. K. Environmental)

DISTRIBUTION

1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. County Attorney Office


FOR 2/1/2011

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3

Indian River Coun

Administration

Budget

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Date

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29

;

CHANGE ORDER NO. 001 to WORK ORDER NO. L-1

DATE OF ISSUANCE: January_, 2011 EFFECTIVE DA TE: January_, 2011

·· · OWNER: lndiaffRiver County CONSULTANT/CONTRACTOR: G.K. Environmental, Inc. Project: EGRET MARSH STORMWATER PARK OWNER's Project No. 0430 ENGINEER: Indian River County Stormwater Division

The following items are included in Change Order No. 1:

1. Obtain soil samples and analyze for pH and other pertinent soil parameters. See · Attachment A for additional information. ADDITION TO THE CONTRACT PRICE = $275.00

2. Increase the diameter of the planting holes for all trees to 36" diameter. See Attachment A for additional information. ADDITION TO THE CONTRACT PRICE= $290.00

3. Purchase additional topsoil for backfilling the tree planting holes. See Attachment A for additional information. ADDITION TO THE CONTRACT PRICE= $654.00

4. Purchase polymer and provide additional labor to over-excavate the tree planting holes, mix topsoil and polymer, and place the mix into the planting holes. See Attachment A for additional information. ADDITION TO THE CONTRACT PRICE = $2,490.00

5. Revise tree quantities as follows:

Revised Tree Species Contract

Quantitv Bald Cvnress 12 Live Oak 115 Slash Pines 40 Macie 51 Water Oak 0 TOTAL 218

DEDUCTION FROM THE CONTRACT PRICE = ($3,821.00)

*****************ti**********************..W:***********

Change Order No. 001 Page 1

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Constructlon\Project Closeout\GK Environmental\Change Order #1.doc

30

CHANGE ORDER NO. 001 to WORK ORDER NO. L-1

CHANGE IN CONTRACT PRICE Descriotion Oria inal Contract Price Net change from orevious Chanae Orders: Contract Price orior to this Change Order: Net decrease of this Chance Order: Contract Price with all approved Change Orders:

Date: /-/4-201(

EN EE (Signal.ire) Keith McCully, P.E., Indian River County Stormwater Engineering Division

Date: f-/4--2.ol(

Amount $243,508.20

$0.00 $243,508.20

1$112.00)

$243,396.20

APPROVED:

By: OWNER: Bob Solari, Chairman, Board of County Commissioners

Date:

Change Order No. 001 Page2

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Construction\Project Closeout\GK Environmental\Change Order #1.doc

31

G. K. ENVIRONMENTAL, INC. Environmental Consulting

GEORGE R. KULCZYCKJ, CEC, CES 155 McKee Lane

Vero Beach, FL 32960 Office 772-567-9129 Cell 772-913-0294 Fax 772-567-6245

[email protected]

ATTACHMENT A TO CHANGE ORDER NO. I to WORK ORDER NO. L-1

Mr. Keith McCully Stormwater Engineer Indian River County 1801 27th Street (Building A) Vero Beach, Florida 32960

January 11, 2011

RE: INVOICE - EGRET MARSH STORMW ATER PARK WorkOrderNo.L-1 Soil Amendment Change Order Invoice # 020

Dear Keith,

Per our discussion, due to the very poor soils for the above referenced site and poor growth responses to previously installed trees by others, we chose to modify the species of trees and tree counts based upon the existing high soil Ph and rock rubble soil conditions left over from the historic pit operations.

This modification allowed us to dig much larger holes for the trees than were previously dug by others, and add a mixture of top soil and a Polyacylamide polymer, in order to maintain soil moisture and provide additional good soil for tree growth. This soil amendment will provide a much better chance for tree survival and growth in these poor soil conditions.

The cost breakdown to incorporate these soil amendments into the project are outlined below:

a) Obtain 3 soils samples onsite and mail to the University of Florida for analysis. Receive soils report from UF and review with UF staff ........ :.... $ 275.00

32

b) Obtain a large 36 inch tree auger attachment to excavate the 218 larger holes ...

············································································ $ 290.00

c) Purchase 436 bags of top soil for each hole ....................... . $ 654.00

d) Additional labor costs to over excavate holes, mix polymer and top soil, and install soil amendments to enlarged holes for each tree planting......... $ 2,490.00

TOTAL Cost for Soil Amendment for 218 trees ........................... . $ 3,709.00 ($17 .00 per tree)

If you have any questions, please do not hesitate to give me a call.

Sincerely,

George R. Kulczycki, President Principal Ecologist

33

) '

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

MEMORANDUM for CONSENT.AGENDA

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director ~ FROM: W. Keith McCully, P.E., Stormwater Engineer~

SUBJECT: CONSENT AGENDA -APPROVAL OF DEP AGREEMENT NO. LP31010 for PC SOUTH (POLLUTION CONTROL SOUTH) PILOT ALGAL TURF SCRUBBER SYSTEM and PHASE 1 CONSTRUCTION


INTRODUCTION

Indian River County has been awarded a State Financial Assistance Agreement, DEP Agreement No. LP31010, by the Florida Department of Environmental Protection (FDEP). The grant amount is $250,000 and it will be used to help fund the PC South pilot algal turf scrubber study at the South Relief Canal and future construction of its Phase 1 full scale algal turf scrubber system. Staff applied for the grant on August 27, 2010 and received the final contract on January 21, 2011. FDEP will sign the contract upon receipt of executed copies from the County and return one fully executed copy to the County.

RECOMMENDATIONS

Staff recommends the following:

1. The Board of County Commissioners approve DEP Agreement No. LP31010 and authorize the Chairman to execute it on behalf of the County.

1 f:\public works\keithm\stonnwater projects\south relief canal screening system and ats\agenda items\agenda - consent - dep grant lp31010 - 1-21-

34

Approval of DEP Agreement No. LP31010 for PC South PC South BCC Meeting- Feb. 1, 2011 - CONSENT AGENDA January 21, 2011

FUNDING

The pilot algal turf scrubber system project's authorized contract amount is $192,560. The account number is 472-169000- 10513 !:and funding sources

' are:

1. Fifty percent funding ($96,280) from the referenced legislative grant (DEP Agreement No. LP31010).

2. Fifty percent funding ($96,280) from the County Utility Department's South County Concentrate Disposal Project - Utility Department Account No.472-169000-10513.

The full-scale PC South algal turf scrubber system has not been designed. Consequently, no funding accounts have been established for the construction portion at this time.

ATTACHMENTS

1. DEP Agreement No. LP31010 (one copy)

DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. Erik W. Olson, Utility Director 3. Budget 4. County Attorney Office


1 2011

B

2

Indian River Coun

Administration

Bud et

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Public Works

Storm.water Engineering l-2/-//

f:\public works\keithm\stonnwater projects\south relief canal screening system and ats\agenda items\agenda - consent - dep grant lp3101 O - 1-21-')nl 1 rlnl'.

35

STATE FINANCIAL ASSISTANCE AGREEMENT INDIAN RIVER COUNTY

DEP AGREEMENT NO. LP31010

STATE OF FLORIDA GRANT ASSISTANCE

AGENDA COPY

PURSUANT TO SECTION 108 OF THE 2010-2011 GENERAL APPROPRIATIONS ACT

THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY, whose address is 1801 27th Street Vero Beach, FL 32960 (hereinafter referred to as "Grantee" or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the PC South/Indian River County project.

In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows:

1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee" and "Recipient" are used interchangeably.

2. This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2014. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2010. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature.

3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $250,000 toward the total project cost estimate of $12,113,00. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. Prior written approval from the Department's Grant Manager shall be required for changes between budget categories of up to 10% of the total deliverable budget. The Department's Grant Manager will transmit a copy of the written approval and revised budget to the Department's Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above.

B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of the deliverables identified in Attachment A

Revised 1/11 DEPAgreementNo. LP31010, Page 1 of9

36

and a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. A final payment request must be submitted to the Department no later than July 31, 2014, to assure the availability of funds for payment. The Disbursement Request Package must include:

(1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. After receipt of advance funds the Grantee shall provide proof of payment to the Department within thirty (30) days of receipt of the advanced funds. If payment is based on reimbursement, proof of payment of the invoices. is required.

(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the construction contracts, the Grantee is required to make such payments.

(3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit.

(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. ·

C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers ( overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.

Revised I /11 DEP Agreement No. LP31010, Page 2 of9

37

D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: //www.fldfs.com/ aadir /reference%5Fguide.

4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations.

5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph 3.B. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and on Attachment F) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 17). It is understood and agreed by the parties that the term "reporting period'' reflects the period of time for Which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee.

6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.

7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination.

B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice.

8. Titis Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes.

9. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.

Revised 1/11 DEP Agreement No. LP3 IO 10, Page 3 of 9

38

10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information.

B. The Grantee is hereby advised that the Federal and/ or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/ or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 0MB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:

https: // apps.fldfs.com/fsaa

The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements.

C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment E should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361.

11. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed.by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.

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12. The Deparhnent of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Florida Deparhnent of Management Services, Office of Supplier Diversity, at (850) 487-0915.

13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.

14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Deparhnent under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement.

15. The Deparhnent's GrantMenager for this Agreement is identified below.

Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8358 Fax: (850) 245-8411 Email: [email protected]

Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement.

16. The Grantee's Grant Manager for this Agreement is identified below.

William Keith McCully, P.E., Stormwater Engineer Indian River County 1801 27•h Street Vero Beach, Florida 32960 Phone: (772) 226-1562 Fax: (772) 778-9391 Email: [email protected]

Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement.

17. In accordance with Section 216.181(16)(b), Florida Statutes, the Department may, upon written request from the Grantee utilizing the Advance Payment Justification Form (attached hereto and made a part hereof as Attachment G) and written approval from the State's Chief Financial Officer, provide an advance payment to the Grantee. The Grantee must temporarily

Revised 1/11 DEPAgreementNo. LP31010, Page 5 of9

40

invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Interest earned on funds invested in an escrow account approved by the Department of Financial Services may remain in that account to pay invoices under this Agreement.

Unused funds, and interest accrued on any unused portion of advanced funds that have not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion.

The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds.

If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment F) to the Department's Grant Manager quarterly.

18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected.

19. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement.

20. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required.

21. The reimbursement of non expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement.

22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current

Revised J/11 DEP Agreement No. LP31010, Page 6 of9

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authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement.

23. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement.

24. If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I, Quality Assurance Requirements.

25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement.

B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915.

26. The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Grantee shall only employ individuals who may legally work in the United States - either U.S. citizens or foreign citizens who are authorized to work in the U.S. The Grantee shall use the U.S. Department of Homeland Security's E-Verify Employment Eligibility Verification system (!ttt:p://www.uscis.gov/portal/site/uscis\ to verify the employment eligibility of:

• all persons employed by the Grantee, during the term of this Agreement, to perform employment duties within Florida; and,

• all persons (including subcontractors and subrecipients) assigned by the Grantee to perform work pursuant to this Agreement.

The Grantee shall include this provision in all subcontracts/ subgrants it enters into for the performance of work under this Agreement.

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27. Land acquisition is not authorized under the terms of this Agreement.

28. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect.

29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below.

INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION

By: _________ _

Bob Solari, Chairman * By: ________ ~------

Deputy Director Division of Water Resource Management

Date: ___________ _ Date: _______________ _

Tommy Williams, DEP Grant Manager FElD No.: ________ _

APPROVED AS TO FORM

:1!!!:£~UQY WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

*For Agreements with governmental boards/ commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/ commission must accompany the Agreement.

List of attachments/ exhibits included as part of this Agreement:

Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E

Attachment F Attachment G Attachment H Attachment I

Revised 1/11

Description (include number of pages)

Project Work Plan (5 Pages) Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Certification of Applicability to Single Audit Act Reporting (3 Pa es Advance Payment - Interest Earned Memorandum (1 Page) Advance Payment Justification Form (3 Pages) Not Applicable Quality Assurance Requirements (12 Pages)

DEP Agreement No. LP310IO, Page 9 of9

44

Project Title: PC SOUTH

ATTACHMENT A GRANT WORK PLAN

INDIAN RIVER COUNTY

Project Location: The project consists of facilities in two locations. An algalturf scrubber system will be located approximately 1,250 feet west of Old Dixie Highway next to Indian River County's Oslo Solid Waste Transfer Station and 700 feet south of the Indian River Farms Water Control District's (IRFWCD) South Relief Canal. The latitude is 27d36'02"N and the longitude is 80d23'25"W, The algal turf scrubber system will be located on property owned by Indian River County.

The rest of the project, a series screening system and a large pump station, will be located approximately 200 feet east of Old Dixie Highway within IRFWCD's South Relief Canal right-of-way, The latitude is 27d36'15"N and the longitude is 80d23' I 0"W.

Project Background: A mechanical series screening system and an aquatic plant based nutrient removal system is proposed to be built in and adjacent to the IRFWCD South Relief Canal in southeastern Indian River County. The series screening system will be constructed within South Relief Canal right-of-way and the aquatic plant based nutrient removal system (algal turf scrubber) will be built on an approximate 14 acre County-owned site. Although the series screening system and the algal turf scrubber system are located in two physically separate places, they are part of a single project, called PC South. The facilities will treat nutrient rich stormwater runoff and groundwater base flow from the IRFWCD canal system. The series screening system will remove solids as small as 1116"' inch diameter from the canal water. The material removed will include floating and suspended aquatic plants, debris, and trash. Nutrients will be removed by this system through the capture of aquatic plants. The algal turf scrubber will remove dissolved nutrients from the canal water.

IRFWCD is a Florida Statute Chapter 298 drainage district encompassing over 50,000 acres. The watershed in this portion of the district is a mix of agricultural, residential, commercial, and light industrial with most of the land use being residential. The South Relief Canal watershed directly drains approximately 12,000 acres, although stormwater runoff from many more acres can be directed through the canal by manipulating upstream water control structures. All water now flowing in the South Relief Canal discharges directly into the Indian River Lagoon south of the City of Vero Beach, with little or no treatment. The Indian River Lagoon is an Estuary of National Significance and a St. Johns River Water Management District (SJRWMD) SWMM program priority water body. The PC South project is critical to Indian River County's TMDL program and without these facilities it will not meet required TMDL reductions.

The project is divided into three distinct parts:

Part I - Algal Turf Scrubber System Pilot Plant Study - A six-month long pilot plant study will be conducted to ensure that the water will support an algal turf community and to develop final design information. Additionally, the pilot plant study will investigate the practicality of blending reject water from the South County Reverse Osmosis (RO) Water Treatment Plant with the canal water and using some of the treated blend water for reuse irrigation water. The concept of blending the RO reject water with the canal water has been approved by Florida Department of Environmental Protection (FDEP) and the results of the pilot plant study will determine if FDEP allows the RO reject water to be blended with the canal water in the full-scale treatment system.

Part 2 - Final Design, Permitting, Bidding, Contract Award - Data gathered from the Part I pilot plant study will be used to design the full-scale algal turf scrubber (A TS). Final design includes the series screening system with selfcleaning trash rakes, debris conveyors, pump station, A TS, and associated structures and facilities. All required

ermits will be obtained, bidding documents re ared, the ro'ect bid, and the construction contract awarded.

Revised 7/10 DEP Agreement LP31010, Attachment A, Pagel of~

45

Part 3 - Construction - Depending on funding, construction may proceed in phases: The first phase will include construction of the series screening system's concrete treatment channel and concrete skeleton for the screens, at least one I" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an A TS facility. The second phase will consist of installing the remaining self-cleaning trash rakes and controls in the concrete treatment channel.

Projected Nutrient Removal:

1. A similar series screening system exists in the IRFWCD's Main Relief Canal. Based on preliminary operational data, the facility's yearly estimated nutrient removal projections are: total nitrogen removed = l,_300 pounds per year; and total phosphorus removed = 750 pounds per year. Projected nutrient removal rates for a fully built-out similar series screening facility in the South Relief Canal should be near those estimated for the Main Relief Canal facility. The flow in the South Relief Canal is less than that in the Main Relief Canal, but the aquatic plant loads can be almost as great.

2. The County operates a similar ATS system in IRFWCD's southwestern basin. Called Egret Marsh Regional Storm water Park, the facility has been operating since June 20 IO and the yearly estimated nutrient removals for it (based on operational data from June 2010 through August 16, 2010) are: total nitrogen= 6,900 pounds per year; and total phosphorus = 2,700 pounds per year. The proposed PC South A TS is expected to produce similar removal rates (1his will be verified by the Part I pilot plant study).

3. Total Estimated Nutrient Removal - The total estimated nutrient removal for the full series screening system and the ATS system is: total nitrogen removed= 8,200 pounds per year and total phosphorus removed= 3,450 pounds per year.

Task .I - Perform Algal Turf Scrubber System Pilot Plant Study - Successfully construct an algal turf scrubber pilot plant on the south bank of the Indian River Farms Water Control District's South Relief Canal, approximately I mile west of U.S. Highway No. I and operate the pilot plant in accordance with the "Proposal for a Pilot Algal Turf Scrubber (A TS) System for Nitrogen and Phosphorus Removal from Stormwater and the Treatment and ReUse of Reverse Osmosis Reject Water - PC-South Algal Turf Scrubber," dated December 15, 2009 (Revised August 19, 2010), hereinafter referred to as "the Pilot Study Report" and attached as Exhibit "A"; and gather data as indicated in the Pilot Study Report for a six-month period. Deliverable: A report detailing the pilot plant study with projections of nutrient removals and design data for a fullscale system. Timeline for completion: Begin construction of pilot plant 11/4/2010; Begin six-month monitoring program 1/17/2011; Complete monitoring program 7/17/2011; Complete final report 8/17/2011. Budget Information: Contractual: Installation and operation of the pilot plant study will be contracted to Hydromentia, Inc. for the total amount of $188,000 (FDEP=$94,000/Grantee=$94,000).

Task 2 - Phase I Final Design, Permitting, Bidding, and Award of Construction Contract: (I) Design the PC South project, which includes a full-scale algal turf scrubber (ATS), a series screening

system with self-cleaning trash rakes, debris conveyors, pump station, associated structures, and facilities. (2) Obtaio all permits required for construction of the PC South project (3) Prepare bidding documents ( 4) Bid the project for construction ( 5) Award the construction contract.

Deliverable: (I) A complete set of construction plans for Phase I (2) Copies of all required permits (3) Copy of bidding documents ( 4) Co of advertisement for bid

Revised 7 /I 0 DEP Agreement LP3 l 010, Attachment A, Page 2 of!J

46

( 5) Copy of construction contract award. Timeline for completion:

(1) Phase 1 final design and permitting= Begin 8/1/2011; Complete 7/31/2012 (2) Preparation of bidding documents and bidding project for construction = Begin 7/31/2012; Complete I 0/31/

2012 (3) Award construction contract= 2/1/2013

Budget Information: Contractual: Professional consulting engineering services for electrical, structural, and geotechnical disciplines. Estimated to be $200,000 provided as match by the Grantee.

Task 3 - Phase 1 Construction - Successfully construct and operate PC South Phase 1, which includes, but may not be limited to the series screening system's concrete treatment channel and concrete skeleton for the screens, at least one l" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an ATS facility. Deliverable: Certification that construction of PC South Phase 1 is complete in accordance with the approved construction documents and the project is operating in accordance with the design intent. Timelinefor completion: Begin 2/28/2013; Complete 3/1/2014 Budget Information: Contractual: Construction of PC South Phase I. Estimated to be $11,500,000 (FDEP=$156,000/Grantee=$ l l ,344,000) .

. Task.4- Phase l Water Quality Monitoring - Perform a water quality monitoring program as required by FDEP. Need more details on the required monitoring Deliverable: (J) Project Quality Assurance Project Plan (QAPP) (2) Final Project Report summarizing the Phase I system's pollution removal capabilities. Where are these requested? Timeline for completion: (I) Submit QAPP for approval= 8/1/2013 (2) Complete water quality monitoring program= 6/1/2014 Budget Information: Contractual: Preparation ofQAPP by an engineering consultant estimated to be $25,000. Water quality monitoring program (professional engineering consultant and testing laboratory) estimated to be $200,000. Grantee is providing $225,000 in match for this task.


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47

Total Budget by Task and Deliverables: The tasks and deliverables identified here should agree with the tasks and deliverables identified and described above. Identify the deliverables for the tasks as follows: 1 a, 1 b, etc. Do not list required progress reports and final reports as deliverables as they are required under all agreements and are not project specific.

Tasks 1 Perform Algal Turf

Scrubber Pilot Plant Stud

la Report summarizing results of pilot plant study and data for final desi

2 Phase 1 Final Design, Permitting, Bidding, and Award of Construction Contract

2a A complete set of construction plans for Phase 1

2b Copies of all required permits

2c Copy of bidding documents

2d Copy of advertisement for bid

2e Copy of construction contract award

3 Phase 1 Construction

3a Certification that construction is complete and the project is operating.

4 Phase 1 Water Quality Monitoring

4a Project Quality Assurance Project Plan (QAPP)

Revised 7110

DEP Funding Matchin $94,000

DEP Agreement#####, Attachment A, · '-I · ct 5

Indian River County or other

sources

Indian River County

48

4b Final Project Report summarizing the Phase 1 system's pollution removal capabilities

Total: Project Total:

Revised 7 /10 DEP Agreement#####, Attachment A, $_ of 5

$250,000 $11,863,000 $12,113,000

49

ATTACHMENTB Disbursement Request Package Legislative Projects (LP) Grants

1. Grantee/Recipient INDIAN RIVER COUNTY

2.

3.

4.

Project Number LP31010

Disbursement Request Number

Date of Request

Required Match %

Type of Request: Partial • Final

5. Federal Employer Identification Number

6. Mail 0 EFT D Send Rentlttance to:

Disbursement Details (cumulative amounts rounded to the nearest dollar)

1. Professional Services (attach invoices)

2. Construction and Demolition (attach invoices)

3. Equipment (attach invoices)

4. Land ( attach invoices)

5. Other (list- must be specified in Project Work Plan)

6.

7.

8.

Total cumulative to date

Disbursements previously requested

Amount requested for disbursement (line 6 ntlnus line 7)

•

$

$

$

$

** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO:**.

Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505

2600 Blair Stone Road Tallahassee, Florida 32399-2400

DEP Agreement No. LP3 IO I 0, Attachment B, Page I of 3

50

I,

on behalf of

Grant Manager's Certification of Disbursement Request

(name of Grantee's Grant Manager designated in the Agreement)

, do hereby certify that: -----------------------(name of Grantee/Recipient)

1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement;

2. Materials, labor, equipment, and/ or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records;

3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts;

4. All funds received to date have been applied toward completing the project; and

5. All permits and approvals required for the construction which is underway have been obtained.

( Signature of Grant Manager)

(Date)

DEP Agreement No. LP31010, Attachment B, Page 2 of3

51

Engineer's Certification of Disbursement Request

I, ------~-~--------- , being the Professional Engineer retained by (name of Professional Engineer)

------,-----,--cc---~---~--- , am responsible for overseeing construction of the (name of Grantee/Recipient)

project described in the Agreement and do hereby certify that:

1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection;

2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction

requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order

and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or

purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto.

Signature of Professional Engineer

Firm or Affiliation

(Date) (P.E. Number)

DEP Agreement No. LP31010, Attachment B, Page 3 of3

52

DEP A!ITeement No.: Grantee Name:

Grantee Address:

ATTACHMENTC

PROGRESS REPORT FORM

LP31010 INDIAN RIVER COUNTY

Grantee's Grant Mana!!er: I Telephone No.: 1 ·

Reporting Period: Project Number and Title:

Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.)

Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays.

Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

DEP Agreement No. LP310!0, Attachment C, Page I of2

53

(continued from page 1)

Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.)

Provide a project budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures

Budget Total Project Reporting this Reporting Project Funding Categorv Budget Period Period Balance

This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP31010 and accurately reflects the activities and costs associated with the subject project.

Signature of Grantee's Grant Manager Date

DEP Agreement No. LP31010, Attachment C, Page 2 of2

54

ATTACHMENT D

SPECIAL AUDIT REQUIREMENTS

The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.

MONITORING

In addition to reviews of audits conducted in accordance with 0MB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 0MB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Enviromnental Protection. In the event the Department of Enviromnental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.

AUDITS

PART ):'..FEDERALLY FUNDED

This part is applicable if the recipient is a State or local govermnent or a non-profit organization as defined in 0MB Circular A-133, as revised.

I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of 0MB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Enviromnental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Enviromnental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 0MB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 0MB Circular A-133, as revised, will meet the requirements of this part.

2. In connection with the audit requirements addressed in Part I, paragraph l, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of 0MB Circular A-133, as revised.

3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 0MB Circular A-133, as revised, is not required. In the event that the

. recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities).

4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at bttp://12.46.245.173/cfda/cfda.html.

DEP 55-215 (03/09) DEP Agreement No. LP3 l O I 0, Attachment D, Page I of 5

55

PART II: STATE FUNDED

This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.

I. In the event that 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, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state fmancial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements.

2. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local govennnental entities) or 10.650 (nonprofit and for-profit 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities).

4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfrn, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen.

PART III: OTHER AUDIT REQUIREMENTS

(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215. 97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)

PART N: REPORT SUBMISSION

I. Copies ofreporting packages for audits conducted in accordance with 0MB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 ( d), 0MB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:

DEP 55-215 (03/09)

DEP Agreement No. LP310 I 0, Attachment D, Page 2 of 5

56

A. The Department of Environmental Protection at the following address:

Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000

B. . The Federal Audit Clearinghouse designated in 0MB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), 0MB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address:

Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132

Submissions of the Single Audit reporting package for fiscal periods ending on or after January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/

C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), 0MB Circular A-133, as revised.

2. Pursuant to Section .320(!), 0MB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), 0MB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address:


3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following:

A. The Department of Environmental Protection at the following address:

Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3 900 Commonwealth Boulevard Tallahassee, Florida 32399-3000

B. The Auditor General's Office at the following address:

State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450


DEP 55-215 (03/09) DEP Agreement No. LP3 IO I 0, Attachment D, Page 3 of 5

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4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address:


5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 0MB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 0MB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package.

PART V: RECORD RETENTION

The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.


DEP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 4 of 5

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EXHIBIT-I

FUNDS AW ARDED'TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Federal Resources Awarded to the Recioient Pursuant to this A!!reement Consist of the Followin!!: Federal State Program CFDA Appropriation Number Federal Agencv Number CFDA Title Funding Amount Category

State Resources Awarded to the Recioient Pursuant to this A!!reement Consist of the Followin!! Matchin!! Resources for Federal Proerams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Fundin!! Amount Category

State Resources Awarded to the Recioient Pursuant to this Aereement Consist of the Followin!! Resources Subiect to Section 215.97, F.S.: State CSFA Title State

Program State CSFA or Appropriation

Number Funding Source Fiscal Year Number Funding Source Descrintjon Funding Amount Category

Original Section I 08 - Ecosystem 2010-201 I 37.039 Statewide Surface Water Restoration 250,000 140047-11

Agreement Management and and Wastewater Projects LP31010 Restoration Trust Fund

Total Award I $250,000 iiMAA For each program identified above, the recipient shall comply with the program requirements described in the. Catalog of Federal Domestic Assistance (CFDA) [http;//12.46.245.173/cfda/cfda.hnnl] and/or the Florida Catalog of State Financial Assistance (CSFA) [https:/lapps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.

DEP Agreement No. LP3 IO I 0, Attachment D, Page 5 of 5 CJ1 c.o

ATTACHMENT F ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM

WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST

TO:

FROM:

DATE:

SUBJECT:

Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78

Advance Payment - Contract No. Interest Due to DEP:

Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information iJ; needed for our records no later than ____ .

Initial advance funding disbursed ___ _ $

1. Advanced funds principle expended or returned by contractor covering period of ____ to ___ _ $

2. Balance advance funding principle available $

3. Interest earned on advanced funds covering period of---'- to ___ _ $

4. Amount of interest paid to DEP as of ___ _ $

5. Interest balance due to DEP as of ___ _ $

(Project Manager's Signature) (Date)

Special Instructions: If the grant/ contract specifies that any accrued interest, which is based upon a grant/ contract advance payment(s), will not be paid to DEP until after termination of the grant/ contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest

If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2.

In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP.

If the grant/ contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report.

Payments of interest due to DEP shall be paid within the specifications of the contract/ grant.

Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in. the Contracts Disbursement Section.

DEP Agreement No. LP31010, Attachment F, Page I of 1

60

ATTACHMENT G ADVANCE PAYMENT JUSTIFICATON FORM

Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer- For· advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Chief Financial Officer's approval.

Name/Address of the Vendor/Recipient:

Contact Person/Phone No.:

Agreement No./Purchase Order No. (if known): LP31010 Commodities/Services/Project Description:

Organizational Structure (i.e. local uov't. non-orofit corooration. etc.)

Value of Purchase or Grant: Advance Payment Amount Requested:

Period Advance Payment to Cover: D 90 days startup IB Full Contract Period D nuarterlv Other rsneci"'':

Indicate Statutory Authority: • 215.422, F.S I O 216.181, F.S.

GAA Year and Line Item Info: SFY: I I Line Item: I 1 . Reason advance payment is required:

.

2. _The followi_n_g information required for_ advances requested pursuant to 215.422, Florida Statues (and the-<Reference GUide for State.Expenditures) which exceed the purchasing threshold of category two as defined in 287.017. Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Financial Services, Division of Treasury at 850/413-316.S regarding the current Treasury earnings rate.

B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made:

DEP Agreement No. LP31010, Attachment G, Page I of3

61

C. Identify the procurement method used to select the vendor.

3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Annrooriation Cateaories OSXXXX or 14:XXXX) A. The entity acknowledges the requirement to invest advance funds in an· interest bearing account and to remit interest earned to the Department on a quarterly basis.

Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds:

Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or°Contract) No., and 3) be forwarded to the following address:

Florida Department of Environmental Protection Bureau of Finance and Accounting

Receipts Section P.O. Box 3070

Tallahassee, Florida 32315-3070

B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.

DEP 55-222 (03-02) DEP Agreement No. LP31010, Attachment G, Page 2 of3

62

3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized {specify items to be purchased), supplies, travel, and other costs.

A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period.

Description First Quarter Second Third Quarter Fourth Quarter Ouarter

Salaries (identitv personnel/titles) . .

Frinqe Benefits Contractual Services

(list services and estimated costs) Equipment

(identify each item and cost) Sunnlies Travel other ( soecitv J Overhead/Indirect

Total:

Certification Statement

The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues-facing the entity at this time.

By: Type Name of Signatory: Date Title: Chief Financial Officer or desianee

DEP Proaram Area Review/Annroval

Recommendation: D Approve Request 0 Deny Request

By: Type Name of Signatory: Date

Title: Bureau: Division:

The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and leaislature consultation as annronriate.

Bureau of Finance & Accounting Use Only

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63

a, .,l::i,.

ATTACHMENTH

PROPERTY REPORTING FORM FOR DEP AGREEMENT NO. LP31010 (For Property With Grantee Assigned Property Control Numbers)

GRANTEE: List non-expendable equipment/personal property* costing $1,000 or moi-e purchased under the above AgI"eement. Also list all upgrades* under this Agreement, costing $1,000 or more, of property previously purchased under a DEP Agreement (identify the property upgraded and the applicable DEP Agteement on a separate sheet). Complete the serial no./cost, location/address and property control number columns of this form. The Grantee shall establish a unique identifier for tracking all pers9nal property purchased under this Agreement and shall report the inventory of said

" ,. •v,.. -• •,, -•• -• -•-•--• ---•-, •- -•- ~ - .. ~ -••-••• - ~• -•• •• •-•.,.,_-•, -.1 - ~• • ._,_,. --•••-••• •• ••--•, ••v •- • ••• • u •- • 1 - • ~-• ---•• , - -··-. ~"-"--•··-··- ·- ... ------· ·. . ·,· ··:_·, GR.ANTEE ASS[GNED PROPERTY

SE~l!OJCOST" ..

DESCRIPTION LOCATION/ADDRESS CONTROL NUMBER

*Not including software. ** Attach copy of invoice, bill of sale, or other documentation to support purchase.

GRANTEE: Grantee's Grant Mana_g_er: Date:

BELOWFOR DEP USE ONLY

DEP GRANT MANAGER: Maint~ili this document with a copy_ of the,.i~V01~~s·f~1pporti~g the cost of each, item- _iden_tified ·above i~ yoti_r Agreement file. If the Agr_e_ement is·\J cost refmbursement Agreement,· make s_ui"e'tO ·sen:d· illvOices supporting the ·cost of"the ite~s to· Finance and AccOunting for the processing of the:Grailtee's

•'irrYOice for. payment. ., ·

DEP Grant Manager Signature: Date:

DEP FINANCE AND ACCOUNTfNG: No processing required by Finance & Accounting as the Grantee is responsible for retaining ownership of the equipment/property upon satisfactory completion of the Agreement. DEP PROPERTY MANAGEMENT: No processing required by the Property Management section as the Grantee will retain ownership of the equipment/property upon satisfactory completion of the Agreement.

DEP Agreement No. LP3!010, Attachment H, Page I of I

Instructions for Completing the Direct Contract Attachment I "Quality Assurance Requirements"

The following is revised contract language to be used when sampling and/or analysis activities are a part of a Department direct contract and will be included as an attachment.

This attachment consists of three different sections: • The attachment "Quality Assurance Requirements", which should be used with no

modifications (except as noted below). • Addendum 1 - Identifies any modifications to the "Quality Assurance Requirements"

attachment (see instructions below) • Quality Control (QC) Requirements:

• Addendum 2 - Outlines additional quality control requirements for laboratories that provide chemical testing services. This must be used with any contract with proposed chemical testing. Attach with no modifications. Any deletions or additions to these requirements must be specified in Addendum 1.

• Addendum 3 - Outlines additional quality control requirements for microbiology. Use if microbiology is part of the proposed scope of services. Attach with no m_2_dific<ltio_nsJ . . Any deleti.ons or additions to these requirements mu$\ be specified in Addendum 1.

Other QC Addenda are being developed to address other types of laboratory service$, such as taxonomic identification, biological assessments, toxicity testing, etc. If there is an immediate need for these addenda, please call the Environmental Assessment Section (SC 205-8065 or 850-245-8065) and ask for Silky Labie, Michael Blizzard or Andy Tintle.

QUALITY ASSURANCE REQUIREMENTS 1. These items must be added to the attachment "Quality Assurance Requirements" (Note: all

items for possible modification are highlighted in the "Quality Assurance Requirements" template. Remove all highlights when the items have been added):

• Attachment letter identification in the header and footer. • Solicitation number in the footer. • Changes in pagination. • Identification of the planning document (see 2 below). • Except for Item 6.a, all other information in "Quality Assurance Requirements"

must remain unchanged. 2. Planning Document:

Item 6.a - Identify the type of planning document that is required. Complete the last sentence of 6.a by deleting the irrelevant plan types and completing the phrase " ... shall be submitted as a ... ".

• A QAPP is required if the grant or contract agreement will use EPA funds. • A Research Plan is required if the scope of services relates to research as

defined in the QA rule. Note: most "research proposals" are applied research, which does not fit the definition of a research plan.

• If a QAPP is not required, and the scope of services is not research, then a Sampling and Analysis Plan must be specified.

Note: in rare cases when a planning document is not required, delete Section 6 from the attachment.

QA Contract Language Instructions Page i of iii January 2005

65

ADDENDUM 1- MODIFICATIONS TO THE "QUALITY ASSURANCE REQUIREMENTS" ATTACHMENT

Since the "Quality Assurance Requirements" attachment must be added to the contract with no changes, any modifications, additional requirements or other negotiated contract items relating to field and laboratory activities must be listed in Addendum 1. 1. You must complete all sections of Addendum 1 (see additional information below)

and add the following items; • The attachment letter identification in the header and footer • . The solicitation number in the title and footer • Changes in pagination

2. The highlighted sections in Addendum 1 are options and modifications. If a highlighted item does not apply to this contract, indicate "none" or "not applicable" for the option or modification. a. Do not delete any item from the addendum. b. Cite the section and sub-section reference to Quality Assurance Requirements for all

options and modifications c. Remove all highlighting when sections are completed

3. Complete each section of Addendum 1 as indicated:

LABORATORIES

• If it has been determined that some of the laboratory tests are exempt from certification, specify the test method and laboratory to which the exemption applies.

• Add other additional requirements as necessary. • Use Addendum 2 when chemistry is part of the scope of services. The addendum

should be included without modifications. If there are negotiated modifications to be made, list these as items under this section.

• Use Addendum 3 when microbiology is part of the scope of services. The addendum should be included without modifications. If there are negotiated modifications to be made, list these as items under this section.

• Delete the addenda that are not applicable to this contract.

FIELD ACTIVITIES (SECTION 3) • Identify any additional standard operating procedures that must be used for this contract

that are not included in the DEP SOPs (DEP-SOP-001/01, February 1, 2004).

REPORTING. OOCUMENTA TION AND RECORDS RETENTION (SECTION 4) • If the Contract requires that additional. records other than those required by rule be

retained, the document types must be listed. Specify the documents or document types. • If the Contract requires electronic deliverables. you must specify the software program(s)

(if applicable). format and content of the deliverables. • If the Contract requires a specific format for reports, the content and format must be

specified. Note: do not delete any of the specified information for reports from certified laboratories; however additional information may be requested.

• Identify additional information that must be reported for laboratory or field, respectively. • Normally, legal chain of custody is only required when the contractor will be supporting

compliance or enforcement cases.

QA Contract Language Instructions Page ii of iii January 2005

66

AUDITS (SECTION 5) • Specify the due date for the first planning review audit report.

PLANNING DOCUMENT (SECTION 6) • Specify the manner in which modifications to the approved document are to be provided

to DEP. • Delete the inapplicable planning document options.

ADDENDA 2 AND 3- QUALITY CONTROL REQUIREMENTS • Use Addendum 2 when chemistry is part of the scope of services. Include the

addendum without modifications. If there are negotiated modifications to be made, list the modifications in the applicable section of Addendum 1.

• Use Addendum 3 when microbiology is part of the scope of services. Include the addendum without modifications. If there are negotiated modifications to be made, list the modifications in the applicable section of Addendum 1.

• When either addendum 2 or 3 are used you must add the following: • The attachment letter identification in the header and footer • The solicitation number in the title and footer • Changes in pagination

QA Contract Language Instructions Page iii of iii January 2005

67

ATTACHMENT H

Quality Assurance Requirements

1 . All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002.

2. LABORATORIES a .. The CONTRACTOR shall ensure that all laboratory testing activities are performed by

laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured.

b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution. Within six months of Contract execution, the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution.

c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to a sub-contracted laboratory is made.

d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each- contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above).

e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC}, as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review.

f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all

matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be

within the acceptable range established by the QCC sample provider. (iii) Before providing analytical services for this Contract, the laboratory must provide to

the DEP contract manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the QCC sample provider. The submitted results must be from QCC samples that have been completed within the previous six months prior to the submission date.

g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001/01, "New and Alternative

DEP Agreement No. LP###, Attachment H, Page I of 15

68

Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6).

h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6).

i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the • planning document can provide results that meet the Contractdata quality objectives.

j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6).

k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards.

I. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed.

m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document.

3. FIELD ACTIVITIES .

a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.

b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field.Activities" (DEP-SOP-001/01, February 1, 2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be cited in the planning document (see Section 6).

c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/01. All nonstandard procedures and methods must be approved by.the DEP contract manager before use under this Contract and must be cited or described in the planning document.

d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of the FT-series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix-Related Quality Controls - The CONTRACTOR shall ensure that the

laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is

collected; (2) One in each additional 20 samples of the sample collection matrix, after the first

20 samples; and (3) The last time samples are collected for the sample collection matrix.

(ii) Field-generated Quality Control duplicates or replicates (not to be confused with laboratory duplicates) shall be collected and analyzed at a frequency of 5% of the total number of samples collected for each matrix/analyte combination (see FQ 1220). (1) All field duplicate results greater than the contracted PQL should agree within

20% RPD for each measured analyte. In the event that the field duplicate agreement is not observed, the CONTRACTOR shall investigate and attempt to determine the cause of poor precision. The outcome of these investigations shall be reported, including the corrective measures taken to minimize future problems.

DEP Agreement No. LP###, Attachment H, Page 2 of 12

69

(iii) Field-Generated Quality Control (QC) Blanks - Blanks associated with field activities as defined in FQ 1210 of the DEP SOPs shall be collected according to the requirements of FQ 1230. (1) If an analyte detected in the sample is also found in any field-generated QC

blank that is associated with the sample, the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences:of QC.blank contamination.

(2) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 1 O times the reported QC blank value concentration.

(iv) The CONTRACTOR shall identify a second laboratory that meets the requirements in Section 1 and shall arrange to have split samples collected using the sampling procedures specified in the Contract and analyzed by the primary and secondary laboratories. Split samples shall be collected at least once during the project and at least annually thereafter. The CONTRACTOR shall specify the procedure for splitting the samples in the planning document. (1) The results from the two laboratories shall be assessed using a precision

criterion of no greater than 20% RPD as an initial guide to assessment of the split sample results.

(2) All differences between split sample results from the two laboratories shall be investigated and resolved.

4. REPORTING, DOCUMENTATION AND RECORDS RETENTION

a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion.

b. All field and laboratory records that are associated with work performed under this Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution.

c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager and shall include the following information:

• Laboratory sample identification (ID) and associated Field ID • Analytical/test method • Parameter/analyte name • Analytical result (including dilution factor) • Result unit • Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. • Result comment( s) to include corrective/preventive actions taken for any failed

QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples

• Date and time of sample preparation (if applicable) • Date and time of sample analysis • Results of laboratory verification of field preservation • Sample matrix • DoH ELCP certification number for each laboratory (must be associated with the

test result(s) generated by the laboratory) • MDL


70

• POL • Sample type (such as blank type, duplicate type, etc.) • Field and laboratory QC blank results:

• Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below);

• Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning

. document (see Section 6) • Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates,

as applicable • Results of surrogate spike analyses (if performed) • Results of laboratory control samples (LCS) • Link between each reported quality control measure (e.g., QC blanks, matrix

spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s)

• Acceptance criteria used to evaluate each reported quality control measure d. The CONTRACTOR shall ensure that the following field-related information is reported

to the DEP contract manager: • Site and/or facility name, address and phone number • Field ID for each sample container and the associated analytes (test methods)

for which the container was collected • Date and time of sample collection • Sample collection depth • Sample collection method identified by the DEP SOP number, where applicable • If performed, indicate samples that were filtered • Field test measurement results:

• DEP SOP number (FT-series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C.

• Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event.

e. The Department reserves the right to request some or all of the laboratory or field information in an electronic format.

5. AUDITS a. AUDITS BY THE DEPARTMENT- Pursuant to Rule 62-160.650, F.A.C., the Department may

conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below.

b. PLANNING REVIEW AUDITS -(i) Initial: Prior to the completion of the sampling and analysis events and as specified

in Addendum 1, the CONTRACTOR and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and


71

laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records.

(ii) Ongoing: Planning reviews as described in item (i) above shall occur annually. c. • QUALITY SYSTEMS AUDITS - The CONTRACTOR and all subcontractors shall.ensure that

any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and subcontracted entity. These audits shall be documented in the CONTRACTOR's and subcontractors' records.

d. STATEMENTS OF USABILITY - As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda.

(i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above are listed in the planning document.

(ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document.

(iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document.

6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP

contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be

0~biWl~'1aAi&daha~;~~~;~~:z~~~filWf~1ilt~W~~Jt11~~i~~~~~ifl~!~~ol~Wi~~~

i;i~~ii~~W#~K (iii) ' J~~~t~):~~i;nphn~

• • , • , . it • :i:!ocument

.;.:"'.''·'\.,ii·•·.'.s. CS,C.. ,.,, ):)\)'·'\\ .!:.·.,, 'l;•t·'.R.~I.1~-.ct.L. ·$~jpti'if !t}ff ~~~!;w:~~%~1 toJDJ~s,,sp.ep1, .. • lnRu 016(lo00hF:A:C.

b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the Contract.

c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-five ( 45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected


72

subcontractors as to why the planning document is not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions.

d. If the review of the planning document by the Department is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract.

e. Work may not begin for specific Contract tasks until approval has been received by the CONTRACTOR from the DEP contract manager. Sampling and analysis for the Contract may not begin until the planning document has been approved.

f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to:

• Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability;

• Using only the protocols approved in the planning document; and • Using only the equipment .ip_proved in the planning document.

g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract.

7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with

the Quality Assurance requirements of this Contract: (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of

accreditation, per item 2.d above. (ii) Copies of the QCC sample results per item 2.f. above. (iii) Non-standard laboratory or field procedures - The CONTRACTOR shall submit to

the DEP contract manager all required information necessary for review of nonstandard procedures per items 2.h. and 3.b. above.

(iv) Reports of planning review audits as specified in item 5.b. above. (v) Statements of Usability as specified in item 5.d. above. (vi) Planning document per Section 6, above.

8. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in:

(i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department.


73

Addendum 1 Modifications to Attachment L\'. , "Quality Assurance Requirements"

These modifications shall be applied to Attachment,?; , "Quality Assurance Requirements" of DEP Solicitation # , , , The words "section" or "item" are numbered in reference to the requirements of Attachment_,

LABORATORl,ES (SECTI01'12) • ThefoHowingiiems in Section 2 ofXQi/a_lity AssuranC$R~qqiiernents", do not Elpply:

~>-: ~,,,~,~~~-~~~J:.::~::;:aw:. • The following quality control addenda must be followed:

• Addendum 2, "Quality Control Requirements for Laboratories Performing Chemical Analysis'' witf-(the Jollowi ng .rnopifications:

• • 'Addendum 3, "Quality Control Requirements for Laboratories Performing Microbiological Testing" vJff]l\il5§ffqllo*ln~¾mo'clif[t:ifffl1nf

,-•---.jl"·•

t5~tl

FIELD ACTIVITIES (SECTION 3)

• ll1~!trm~~!i!~~'!?l'{~il¥~®!(/[?\1&~1\,t&~i~ll£~~lilol')"/iitttWfi~[«cliqp'e~il;tiii~\prope'clcires'afil

• • The'l'ol)c5wii'i;Q',1tllm5fr1Silt:tioh'3Clf'1@Hfil/ty./5;ssufahc~\RffqiJih/ffi"ffhts'', ··iire{iirrreiideci ·'as

follows:

•

•

•

•

' 1;1it® uflqqlfem~nis ,(item• 3.c,Mtou,~/iff A:ssqran'iNf~iiquitements') ,ili

REPC>RTING, DOCUME!>!TATION AND RECORDS RETENTION (SECTION 4)

• It, ~~~J!i~m:!p\:f~'li~~@~f(~~ff~fpJ!tfi!§!{i)'l'{Ule~I'§?11'~~(~¥~fir~f~l4t1, F.A,C;'/lfie coN'TI~~JORst\all"i:ins.i!lr~tli~ttne to11owiny .• records ilre•.retsirhed: . ..

• The,CQ!j;li(~CJOR shall' s'uon:ilt'lhe .data eledroni&illlyµ~iiig ll,e foHowing· format $

• tfre''GQNJ~G'fQRshan.u~illt{eJqllfJWin'gfofmaH6r'refl)brt1hg'results:

•


74

• ITl aclditi9Qt9Jti~i'infqrr:na.tioR pµfHi\e.d,[flkd of "Qllalil)(\/,)$¥tJtance RegyirntTJe.ht;,''; the .. CONTRACTORfihall ensure.thatthiafollowing .• irifonnatiqti pertinent to field activities is reported:

• • The following citerns'in Section 4 of ,,Qaa/ity Assurance Rii.f1uirements", · do riof:apply:

•

• lilliltt!i(flll~t,ii~Jrlilt :. ~:1J~l;~~ilt_:!l~11,iif1~it,T~\~Jii~lnt%~iii~~~it. AUDITS (SECTION 5) • The initial planningreview audit wiU be performed . ..... . . . . . •, • The•'.foflo'wing)te/n't/irr··Sectioh5•·6l'':Qt/al/ty .Assutance. Reqilirefaeitts",· .do.•·not apply:

•

PLANNl~G DOCUrllENT (SEGTION 6) . • The f61160ing .• ifemif ir\Sectfon i3'6f "Q~ality Assi.1ditice ,ffeqfilrementif'; are•· arnended ·.as

(61/d~~

• When the approved planning_ document requires modification, the amendments shall be

• • •

DEUVER.ABLES (~ECTION7) • The. foll6Wing\dei'fverabies· ai-irri6frei4uifod Uriderthe'terrii's'ofthis Goritfacf: . .. • ;~ltj~Wii'i\Jintemsr:JYr1sebt1off"i:;6t?W6~fi/Y'A'sst/fiJnciffR.e.fta11eii1etitt·tafe'arntnaea•·as


75

Addendum 2 Quality Control Requirements for Laboratories Performing Chemical Analysis

In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.

1. Matrix-Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are

submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates.

b. After the first 20 samples from the sample collection matrix have been analyzed, at least one matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples selected from each additional 20 samples of the sample collection matrix submitted to the laboratory.

c. The last time samples from the s_ample coUection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates.

d. Spike levels must be at the concentrations specified in item 3 below. e. If the selected sample concentration is expected to be below the Contract-specified

practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used.

2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed

with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified.

3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS}, shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses:

(i) Chlorophyll - the assay for the aces or its original formulation shall have been determined by an organization external to the laboratory ;

(ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) - the method-specified glucose/glutamic acid check solution shall be used; and,

(iii) Copper in seawater - the aces shall be any seawater-matrix SRM assayed by an organization external to the laboratory.

b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new aces. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch.

4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below.


76

a. If any of the samples in the preparation batch are non-detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract-specified PQL.

b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch.

5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be

. appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall

document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples - All replicate samples (sample

duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must

investigate the poor precision and report the results with appropriate qualifiers and/or comments.

7. Instrument Calibration - In addition to calibration procedures specified in the analytical methods listed in the planning doc,;ument,the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration

verifications. b. Initial Calibration Requirements

(i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards.

(ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses.

(iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions.

(iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor.

(v) The acceptance criteria for second-source verifications shall be specified in the planning document.

(vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements:

(i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples.

(ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.

(iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document.

(iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract-specified PQL. The analyzed value of this standard must be within 70% - 130% of the expected value. If


77

this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter 62-160, F.A,C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check.

(v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified.

d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be appropriately qualified.

8, Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that

are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration.

b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks.

c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. • The laboratory must investigate the blank contamination to determine that positive blank results s1re not c!ue to st laboratory error and report the affected samples and field-generated blank results with appropriate qualifiers and/or comments.

9. If any quality control measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample. data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report.

10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes.

11. Field QC duplicates or replicates - The CONTRACTOR shall ensure that field duplicates (not to be confused with laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree within 20% RPO for each measured analyte. In the event that field duplicate agreement is not observed, the laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments.

12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the method detection limit shall be confirmed by at least one of the qualitative identification measures listed below. Confirmation must occur the first time an analyte is detected at a sampling point.

• Second column/same detector • Second column/alternate detector

• Same column/alternate detector

• Mass spectrometry

• Alternate wavelength

DEP Agreement No. LP###, Attachment H, Page 1 I of 12

78

Addendum 3 Quality Control Requirements for Laboratories Performing Microbiological Testing

In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.

1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in A WWA Standard Methods 2dh edition, section 9020.

2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a

beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/100 ml or the associated sample results must

be reported with the appropriate qualifier from Chapter 62-160, F.A.C. 3. Laboratory Quality Control Duplicates

a. At least 10% of the samples (or one per test rt1n) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison

criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with .appropriate qualifiers and/or comments.

c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field-generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field-generated replicate results.

4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by

the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document.

b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 - 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 ml sample and the count is less than 20).

c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated".

d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5.b. above)

e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z".

f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document.


79

TO:

THROUGH:

FROM:

SUBJECT:



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

Christopher J. Kafer, Jr., P:E., County Engine~

Award of Bid No. 2011025 Vero Beach Sports Village Sports Lighting Systems IRC Project No. 1042

DATE: January 26, 2011 CONSENT

DESCRIPTION AND CONDITIONS

This contract is for the design and construction ofballfield lighting for Fields No. 1 and No. 2 at Vero Beach Sports Village (fu:a "Dodgertown"). Under the terms of the facility lease agreement between the County and MiLB (Minor League Baseball), the County is to provide funding for this project.

The bid opening for the project was held on January 21, 2011. Seven (7) bids were received.

A detailed bid tabulation is attached. Bid totals are as follows:

I. Electrical Contracting Services, Inc. 2. Davco Electrical Contractors Corp. 3. Himes Electrical Company, Inc. 4. Itran Partners, Inc. 5. Imperial Electrical, Inc. 6. Sportslighter Electric, Inc. 7. Atlantic Certified Electric, Inc.

RECOMMENDATIONS AND FUNDING

Hialeah, FL Boynton Beach, FL Lutz, FL Naples, FL Plantation, FL Royal Palm Beach, FL Vero Beach, FL

$634,000.00 $660,000.00 $719,140.00 $729,924.00 $734,500.00 $742,326.00 $797,000.00

Staff recommends the contract be awarded to the lowest bidder, Electrical Contracting Services, Inc., in the amount of$634,000.00. Staff also requests approval for payment of the City ofVero Beach Electric Utility Impact Fee of $36,670.00 ( estimated) to cover the cost of a new electrical transformer and $810.00 (estimated) for the Initial Permanent Service Charge.

Funding is budgeted and approved through Optional Sales Tax - Parks, Account No. 31521072-066510-11002 Vero Beach Sports Village Field Lighting.

F:\Public Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\agenda items\BCC Agn Award of Bid 01-24- 8 0 11.doc

Page Two Award ofBid No. 2011025 BCC Agenda February 1, 2011

ATTACHMENTS

1. Bid Comparison Spreadsheet 2. Sample Agreement

DISTRIBUTION

1. Jerry Davis, Purchasing Manager 2. Electrical Contracting Services, Inc.


Indian River Conn

Administration

Bud t

Le al

Risk Mana ement

Public Works

Approved Date

I 2P II

/. '-S'· II

F:\Public Works\ENGINEERING DlVISION PROJECTS\1042 VB Sports Village Lighting\Admim\agenda items\BCC Agn Award of Bid 01-24- 8 1 11.doc

BID COMPARISON IRC BID NO. 2011026 IRC PROJECT N0.1042

ENGINEER'S ESTIMATE

VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS

ELECTRICAL CONTRACTING SERVICES, DAVCO ELECTRICAL HIMES ELECTRIC

INC CONTRACTORS CORP COMPANY INC ITRAN PARTNERS INC :!!!!!!_M Description QTYj UNIT[Unlt Price jAmounl Unit Prlc• Amount Unit Prli;e Amount Unit Price Amount Unit Price Amount

.•;ol :,~::~---~,;x"Cc·,:~iih:

IMPERIAL ELECTRICALL,

"" $P0RT$LIGHTER

ELECTRIC, INC ATLANTIC CERTIFIED

ELECTRIC, INC Unit Price 11m<>unt Unit Prii;e Amount Unit Price Amount

00 N

-

SPORTS LIGHTING (COMPLETE) FOR BASEBALL FIELD #1

1 j(JNCLUDING BULLPEN) j LS

SPORTS LIGHTING (COMPLETE) FOR BASEBALL FIEtD #2

2 INCL DIN B tPEN LS

UPUBUC CONSTRUCTION BOND I LS RECORD ORAWJNGSJAS BUil I DRAWINGS j LS

TOTAL!

375000,00 I 375000,00 I 312400.00

375 000.00 I 375 000.00 I 312 400.00

20000.00 I 20000.00 I s,100.00

4 000.00 I 4 000.00 I 500.oo

774 000.00

,,_.,. ,• '!C )f·• - ,·--:.,, ... · . 1 _·,,:. .. ··-~·"·''./;:-r .. '.-;:' :"1\' ;' i. ,"c--,:•,·. ';';,.,··;•1, ~

312400,001 310000.00 310000.00) 342405,00 342 406.0oj 34B 500.00 348 soo.001 353 000.00 353000.00\ 383623.00 aaa 023,001 387 522.so 387 522.501

312 400.001 :m 000.00 337 000.001 365 735.00 365 735,00j 369 624.00 aeg 624.ool 366 000.00 366000.001 343623.oo 343 e2a.001 387 522.so 387 522.501

s 100.001 11 41&00 11 41s.001 10 soo.oo 10 soo.001 1 300.00 7 300.001 12000.00 12000.001 10880.00 10B8000I 11955.00 11955.ool

soo.001 1 564.oo 1 SB4,00I 500,00 soo.001 4 soo.oo 4 soo.001 3 soo.oo 3soo.001 4200.00 4200.001 10000.00 10 000.001

834000.00 860,000,00 719140.00 729,&24,00 734 500.00 742,326.00 797,000.00_

F:IP•bllc Work•IEMJINEERING ~VlSlON PROJECTll\1042 VB Sporto Vlll~ LighUngWlmlmlagonda Hom1\Elld Companion Sohoo'u!o for Bee 01-2-4-11

BID OPENING DATE 01/21111

AGREEMENT

THIS AGREEMENT made and entered into this ____ day of _______ ~ 20_, by

and between hereinafter called the

CONTRACTOR and Indian River COUNTY herein called the OWNER.

WI1NESSED:That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below:

Article 1. Provide complete sports lighting systems to baseball fi Sports Village. As per specifications of advertised and sealed bid in Indian River

CONTRACTOR, as an independent CONTRACTOR

sum of __________________ _

of the necessary labor, material, and equipment

Contract Documents.

Article 2. TIME OF COMPLETIO

150 Calendar Days from date of the Notic

shall be 30 days thereafter.

Article 3. The CONTRACT every clause of the Contract Documents and

atio e proposed work as is necessary to understand e; and shall complete the same the time limit specified

tions.

maintain records, invoices, and payments for the work. de a Public Construction Bond for all work in this Agreement. 1 be done to the satisfaction of the OWNER, who shall in all cases

ess, and acceptability of the several kinds of work and materials un r, and shall decide all questions which may arise as to fulfillment of f the CONTRACTOR, and his decision thereon shall be final and

conclusive; and sue, · nation and decision, in case any question shall arise, shall be a condition precedent to the right o the CONTRACTOR to receive any money hereunder.

Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein.

1

F:\Public Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Ligbting\Admimlagenda items\SAMPLE AGREEMENT,doc 83

Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form.

Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion.

The final estimate shall be accompanied by a Certificate of Acceptan stating that the work has been completed to his satisfaction, in co Certificate of Acceptance shall not be issued until complete construction have been furnished to the OWNER and verified.

issued by the ENGINEER, ce with the Contract. The

·1t drawings of the actual

In accordance with the Florida Prompt Payment Act, acceptance by the OWNER, the OWNER shall make amount. PAYMENT of the lump sum amount CONTRACTOR shall release the OWNER fro connection with this Contract.

Article 6. THE CONTRACT D0Cl.J1y1.ENT The General Conditions, Special Condi (Exhibit A), Bonds, and the Drawings, a part of this Contract as if included herei

Article 7. VENUE

after receip ent to the

ptance of · bilities to

in the full t by the CTORin

surance Requirements ement, form the Contract, and are fully

f Florida. Venue for any lawsuit brought aris1 out of this agreement shall be in Indian · sdiction, in the United States District Court for

APPROVED


Approved as to Form and Legal Sufficiency

BY Alan S. Polackwich, Sr., County Attorney

2

(Owner)

Indian River County, Florida

Bob Solari, BCC Chairman

Approved by BCC _____ _

Attest: Jeffrey K. Barton, Clerk of Circuit Court By: ___________ _

Deputy Clerk

F:\Public Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Ligbting\Admim\agenda items\SAMPLE AGREEMENT.doc 84

CONSENT AGENDA

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

January 24, 2011


Joseph A. Baird, County Administrator Jason Brown, Director, Office of Managemen Jose Guanch, Director, Building Division

Jerry Davis, Purchasing Manager

Approval of Bid Award for me Bid No. 2011028 Demolition of Three (3) Condemned Structures

The Building Division has requested the solicitation of competitive sealed bids for the demolition of three (3) condemned structures. Authorization to proceed with the demolition of these structures was approved by the Board of County Commissioners at the meeting of September 7, 2010.

Property #1: 8435 62nd Avenue, Vero Beach, FL Parcel No.: 31-39-32-00001-0010-00008.0

Property #2: Parcel No.:

8715 103'• Avenue, Vero Beach, FL 31-38-28-00004-0060-00007.0

Property #3: Parcel No.:

BID RESULTS:

12995 100th Place, Fellsmere, FL 31-37-00-00002-0000-00029.0

Bid Opening Date: Advertising Date:

January 14, 2011 at 2:00 pm December 10, 2010

DemandStar Broadcast to: Specifications Requested by:

Five Hundred Seventy Eight (578) Vendors Fifty (50) Vendors

Replies: Fifteen (15) Vendors

BID TABULATION:

.£,.;,_ ~

Construction Services Cross Environmental Services, Inc. The BG Group, LLC DJP General Contracting Services, Inc. LGT Enterprises, LLC LEB Demolition & Consulting Contractors, Inc. Master Gardeners Nursery & Landscaping, Inc. Perry Construction Co., Inc.

F:'IPurchasing\Bids\2010-2011 FY (2011000)\2011028 Demolition of Three Condemned Structures\Ageodadoc

Crystal Springs, FL Boca Raton, FL Fort Pierce, FL Melbourne, FL Jensen Beach, FL Delray Beach, FL McIntosh, FL

" . "e '",,.. .,, $8,500.00*

$8,900.00 $11,370.00 $12,295.00 $12,370.00 $12,870.00 $15,800.00 $17,099.00

85

CONSENT AGENDA Neal Long Construction Co. Okeechobee, FL $17,472.00 South Bay Builders, LLC Vera Beach, FL $17,900.00 Construction Specialist of Palm Beach* Loxahatchee, FL $18,880.00* Capitol Building & Construction Co. Tallahassee, FL $20,560.00 Cross Construction Services, Inc. Lutz, FL $20,995.00 April King Demolition Services, LLC Fleming Island, FL $24,500.00 Grove Construction Kissimmee, FL $24,500.00

* Redmarq Construction Services - disqualified due to improper licensing. * Construction Specialist of Palm Beach - corrected mathematical error in Total Bid Price.

TOTAL AMOUNT OF BID: $8,900.00

Funding in the amount of $8,900.00 for the demolition of three condemned structures is budgeted and available in the Other Contractual Services account in the 00421441-033490 Fund.

RECOMMENDATION:

The lowest apparent bidder, Redmarq Construction Services, was disqualified due to improper licensing. Staff therefore recommends that the bid be awarded to the second low bidder, Cross Environmental Services, Inc., in the amount of $8,900.00 as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the issuance of a purchase order after receipt of the appropriate certificate of insurance.

ATTACHMENTS: Department Recommendation Bid Tabulation Bid Form


BY:

FOR:

f:\purchasing\Bids\2010-2011 FY (2011000)\2011028 Demolition of Three Condemned Structures\Agenda.doc

86

TO:

FROM:

DATE:

·r;r.Gc.\\/ED ., INDIAN RIVER COU~T\';: ,;\YEP- C?U" TY

BUILDING DIVISI0~1,:· ·_ -1"-:; Cll-'ISIOH

INTEROFFICE MEMORA~~M 21~ A \(): I 0

Jerry Davis Purchasing Director

Jose Guanch, MCP, CBO -~ Building Official /

January 21,201 I

SUBJECT: Condemnations Bids Review: Bid# 2011028

At the Board of County Commissioners meeting of September 07, 20 I 0, the Board approved the demolition of three structures as listed below.

1. 12995 100th Place 2. ;8715 103rd Avenue 3. 8435 62nd Avenue

I have reviewed the bids. There are discrepancies with the lowest bidder; I could not locate Redmarq Construction Services in the Division of Corporations website (see attached document) or in our system. A search for the name 'James Redmond' (as written on'the bid documents) on the DBPR website reveals two expired license applications and NO contractor's license (see attached document).

The lowest qualified bidder is Cross Environmental Services, Inc. They are duly licensed and currently and registered in our system. It is my suggestion that we award the contract to this bidder. .

If I can be of any further assistance, please let me know.

cc: Bob Keating, AICP, Community Development Director Bill DeBraal, Assistant County Attorney

87

Bid #2011028 Indian River County Purchasing

1800 27th Street, Vero Beach, FL Witness: Maeghan McLaughlin

Bid: Demolition of Three (3) County Owned Structures (772) 567-8000 ext. 1416

Bid Opening Date: 01/14/2011 BID TABULATION SHEET Witness: Ralph Burc,_o_

Time: 2:00 pm ,

ll " ... = 0 ~

Property #1 Property#2 Property #3 Total Bid Price Bidder Name ~ .s '-' "' ~ -~ i:5 ~

Master Gardeners Nursery & Landscaping, Inc. y y $4,600.00 $ 6,600.00 $4,600.00 $15,800.00 Delray Beach FL DJP General Contracting Services, Inc. y y $2,800.00 $ 3,295.00 $6,200.00 $12,295.00 Fort Pierce, FL Capitol Building & Construction Co. y y $4,680.00 $ 11,600.00 $4,280.00 $20,560.00 Tallahassee. FL April King Demolition Services, LLC y y Fleming Island FL

$4,500.00 $ 15,000.00 $5,000.00 $24,500.00

Redmarq Construction Services y y $1,000.00 $ 6,000.00 $1,500.00 $8,500.00 Vero Beach FL Perry Construction Co., Inc. y McIntosh FL

y $4,683.00 $ 7,733.00 $4,683.00 $17,099.00

Grove Construction y y $4,850.00 $ 14,800.00 $4,850.00 $24,500.00 Kissimmee, FL LGT Enterprises, LLC y y $3,100.00 $ 6,170.00 $3,100.00 $12,370.00 Melbourne, FL Cross Environmental Services, Inc. y y $1,500.00 Crvstal Sprin~s FL

$ 5,900.00 $1,500.00 $8,900.00

The BG Group, LLC y Boca Raton. FL

y $2,940.00 $ 5,850.00 $2,580.00 $11,370.00

Neal Long Construction Co. y y $3,000.00 Okeechobee. FL

$ 11,892.00 $2,580.00 $17,472.00

Cross Construction Services, Inc. y y $6,035.00 $ 10,350.00 $4,610.00 $20,995.00 Lutz. FL Construction Specialist of Palm Beach* y y $3,560.00 $ 3,760.00 $11,560.00 $18,880.00* Loxahatchee. FL LEB Demolition & Consulting Contractors, Inc. y y $2,600.00 Jensen Beach. FL

$ 6,144.00 $4,126.00 $12,870.00

South Bay Builders, LLC y y $3,850.00 $ 4,250.00 $9,800.00 $17,900.00 Vero Beach. FL

COMMENTS: * Construction Specialist o_J Palm Beach - corrected mathematical error in Total Bid Price

00 00

Indian River County Purchasing Division 1800 27 th Street Vero Beach, FL 32960

Specifications for:

Bid #:

Bid Opening Date/ Time:

Bid Opening .Location:

Bid For1n

Demolition of Three (3) Condemned Structures

2011028

January 14, 2011 at 2:00 P.M.

Purchasing Division 1800 27 th Street Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following: Note: This bid will be awarded to one Contractor. Indian River County reserves the right to remove any of the listed structures from the award.

1. Property #1 8435 62nd Avenue $ _________ 1_:_,_SO'.J_._m ____ __:''---

2. Property #2 8715 103rd Avenue $ 5,900.0)

·-----------------

3. Property#3 12995100"' Place $ l,SCO.CXJ ·----------'----------

Total Bid Price: $ __ 8_,_900_.m ____ _ Eight Thousand Nine Hundred and no/l(X)

In Numbers In ·words

Demolition completion time after receipt of"Notice to Proceed" or PO. ____ 20=-------'/D=A'-"Y=S

Please submit one (1) original and one (1) copy of your bid.

The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulti1.ig contract or request additional compensation.

Company Name: Cross Envirorurental Services Inc.

Company Address: _P_.o_._Bo_x_l2_99_· ________________________ _

Page 15 of20

89

City, State _Cry----'-stal __ S~p~n __ ·ngs-"---_FL ______________ Zip Code ~3=35=2~1• ___ _

Telephone: __ 8_13-'-/_78_3--_1688:..:..c_ _______ _ Fax: 813/788-9114 -----~==~-----E-mail: __ ce,@::r==o=ssen=•=v-'-.c=an=----------------------------

FEIN Number: --'5"'9-:__.::::2866646=:e:-=-----

Name: __ C_l_yd_e_A_. _B_is_t_o_n ______________ Title: President (Type/ Printed)

Page 16 of20

90

DATE:

TO:

FROM:

PREPARED & STAFFED BY:

SUBJECT:

CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA DEP ARTMENTOF UTILITY SERVICES CONSENT AGENDA ITEM- FINAL PAY

JANUARY17,2011

JOSEPHA. BAIRD, COUNTY AD~~

W. ERIK OLSON - DIRECTOR OF UTILITY SERVICES

MIKE HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER 7f/ /J_ GORDON E. SP ARKS, P.E., ENVIRONMENTAL ENGINEER a.J=S

FINAL PAY TO RK CONTRACTORS, INC. FOR BID NO. 2010036 FOR CONSTRUCTION OF 16" WATER MAIN EXTENSION ON COLLEGE LANE TO KINGS HIGHWAY TANK, UCP NO. 4051, WlP No.472-169000-10504

BACKGROUND AND ANALYSIS

The Board of County Commissioners (BCC) approved award of Bid No. 2010036 to RK Contractors, Inc. on April 6, 2010 for construction of a 16" water main on College Lane for a total amount of $208,186.00. These facilities are now complete and Schulke, Bittle & Stoddard, LLC reviewed, approved and submitted Final Application for Payment No. 2 for $58,534.99 on January 13, 2011 (See Attachment 1). The contractor has been previously paid a total of $139,065.75 to date, leaving $69,120.25 as retainage to fulfill the contract. Payment of $58,534.99 will bring the total amount of construction to $197,600.74. This is $10,585.26 less than approved by the BCC.

RECOMMENDATION

The staff of the Utilities Department reconnnends that the Board of County Connnissioners approve the total amount of construction services of $197,600.74 and approve Final Application for Payment No. 2 for a total amount of $58,534.99 as presented. The payment of $58,534.99 to RK Contractors, Inc. will release the retainage and discharge the County's obligation to the Contractor.

FUNDING

Funding for final payment to RK Contractors, Inc. is derived from the Capital Fund. Capital Fund revenues are generated from impact fees.

91

.

ACCOUNT NUMBER ACCOUNT NAME

472-169000-10504 Capital Fund

ATTACHMENTS

1. Final Application for Payment No. 2

APPROVED FOR AGENDA:

FOR: d~, I, o?tJI/ Date

Indian River Co.

Administration Utilities

Utilities Legal

Budget

AMOUNT

$58,534.99

Approved Date

F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - 16th St. 16 inch WM Loop Ti.e from College Ln to Kings Hwy Tank PH III\Al - AGENDA Memo to Baird Final Pay RK Contractors 11-29-10 , 2010.doc

92

SECTION 00622 - Contractor's Application for Final Payment

Application for Payment No. 2. For Work Accomplished through the period of through 09/30/10.

To: Indian River County /OWNER) From: Contract:

R.K. Contractors, Inc. (CONTRACTOR)

Project: 16" WATER TRANSMISSION EXTENSION ON COLLEGE LANE OWNER's Contract No. UCP 9920 ENGINEER's Contract No. ENGINEER Schulke. Bittle & Stoddard, LLC.

c1.)&~tt~FB#:!~1~il~i:t;;i;2.ti!l'tl.fa1~!~n\:1fFqe•g~zJ:ml\lfoki•ilk•nk91,;:.~~i

1. Original Contract Price: 2. Net change by Change Orders and Written Amendments(+ or-): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement):

Q% of completed Work: __ % of retainage:

Total Retainage: 6. 7. 8.

Total completed and stored to date less retainage (4 minus 5): Less previous Application for Payments: DUE THIS APPLICATION (6 MINUS 7):

CONTRACTOR'S CERTIFICATION:

$0.00 $0.00

$208.186.00 $0.00

$208,186.00 $197,600.74

$0.00 $197,600.74 $139,065.75

$58,534.99

1~:~:~~J ~

8 Y: --------------------

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 last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below.

The acceptance of final payment shall be and shall operate as a release of the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with

00622 - Contractor's Application for Final Payment - Per Marian 00622 - 1

(.0 C:\Users\Kelly\Documents\RK Contractor:.\JOBSIINDIAN RIVER COUNTY\COLI.EGE LANE\00622 • Contractor's Application for Final Payment. Per Marian.doc Rev. 05/01

w

this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

Dated 12/23/10 R.K. Qontract_ors, Inc.

By: R~R~OR)

' ...... ::::::: ..... Randy Bower-,1 -:-:C-,, ' State of Florida County of St. Lucie Subscribed and sworn to before rne this _ _.2,s3o,rd.__ ______ _

of December 201 O ...._, £"-"§;. -ANNE-MARIE LUDLUM

., ~~ MY COMMISSIONi # DD94SS58

Notary Public My Commission expire~:. ____ .,,oJl,c-ce2.c7.c.-1,c4,_ ______ ~

~ EXP!Rl'S: J""""l' 27, 2014 1-SO:l-NOTARY fl. Notm1 ~Aw:,;. Co. ~"'l!."'e4J'lh~-•W••••.r.l'I

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.

/ - !'f - I( . · ~~~ Dated '~EER) SIGNATURE

CERTIFICATION OF ..EWGI-Nf:ER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my

inspections of the project. 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 Contravd be paid the amount requested above.

Dated 1Ut/ l1 t ~ · I (ARCrllTECT / GI NEER) SIGNATURE

Accompanying Documentation: __

* * END OF SECTION * * 00622 - Contractor's Application·for Final Paym~nt- Per Marian

00622 - 2 <..0 C:\Users\Kelly\Documents\RK Con!ractors\JOBS\INOIAN RIVER COUNTY\COLLEGE LANE\00622. Contraclor's Application for Final Payment - Per Marian.doc ReV. 05/01

.t:=i,.

c.o c.n

R.K. CONTRACTORS, INC. 2860 BROCKSMITH ROAD FT. PIERCE, FL 34945

TO: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

RE: 16" WATER TRANSMISSION MAIN EXTENSION ON COLLEGE LANE BID NO. 2010036, UCP NO. 9920

CONTRACT UNIT DESCRIPTION UNIT QUANTITY PRICE

OPTION 2-TIE INTO 20" VALVE AT WATER TOWER MOBILIZATION LS 1 5000.00 WATER MAIN PIPE 16" PVC WATER MAIN LF 1889 50.00 8" PVC WATER MAIN LF 13 25.00 DIRECTIONAL BORE (HDPE & ADAPTORS/FITTINGS) 18" DB-STA 25+23 TO 27+53 LF 231 135.00 18" DB-STA 20+15 TO 20+95 LF 80 150.00 18" DB-STA 14+00 TO 14+80 LF 80 150.00 18" DB-STA 8+71 TO 9+10 LF 60 160.00 VALVES 16" MUGV (SIDE ACTIVATED) EA 1 4600.00 CONNECT TO EXISTING STA 27+53- CONNECT TO 16" PVC LS 1 3800.00 STA 15+91 - CONNECT TO 8" WATER MAIN W/8" X 8" TAPPING SLEEVE & 8" LS 1 3500.00

MAIN W/ 20" X 16" TAPPING SLEEVE & 16" G.V. LS 1 10500.00 SURVEY STAKE-OUT LS 1 1100.00 AS-BUILTS LS 1 1200.00 SUB-TOTAL ORIGINAL BID:

CONTRAC TOTAL PREVIOUS TOTAL TQDATE QUANTITY

5000.00 1 0.5

94450.00 1889 1392 325.00 13 0

31185.00 231 231 12000.00 80 80 12000.00 80 80 9600.00 60 60

4600.00 1 1

3800.00 1 1

3500.00 1 0

10500.00 1 0

1100.00 1 1 1200.00 1 0

189260.00

CONTINGENCY: ADDITIONAL WORK & MATERIALS DUE TO CONFLICTS WITH EXISTING FIELD CONDITIONS ·J6"DIP CREDIT FOR 16" PVC DR18 NOT USED 16" 45" BEND "16" MEGALUGS BOLT & GASKET KITS CONCRETE CAP

LABOR & EQUIPMENT (15% OF MATS $6,945.54)

6% SALES TAX ON MATERIALS SUB-TOTAL CONTINGENCY:

TOTAL CONTRACT:

CONTRACT PAYMENT SUMMARY: TOTAL COMPLETED TO DATE: LESS PREVIOUS PAYMENTS RETAINAGE TO DATE: TOTAL DUE THIS INVOICE:

LF L

EA EA EA EA

LS

LS

100 -100

3 6 6 1

1

1

197,600.74 139,065.75

0.00 58,534.99

64.55 6455.00 100 0 26.54 -2654.00 -100 0

352.80 1058.40 3 0 153.00 918.00 s 0 18.69 112.14 6 0

1056.00 1056,00 1 0

1041.83 1041,83 1 0

353.37 353.37 1 0 8340,74

197600.74

D.',TC: SEPTEMBER 30, 2010 REV.

INVOICE NO. 1053202 PAGE 3 OF 3

CURRENT VALUE TOT PREVIOUS CURRENT QUANTITY TO DATE VALUE VALUE

0.5 5000.00 2500.00 2500.00

497 94450.00 69600.00 24850.00 13 325.00 0.00 325.00

0 31185.00 31185.00 0.00 0 12000.00 12000.00 0.00 0 12000.00 12000.00 0.00 0 9600.00 9600.00 0.00

0 4600.00 4600.00 0.00

0 3800.00 3800.00 0.00

1 3500.00 0.00 3500.00

1 10500.00 0.00 10500.00

0 1100.00 1100.00 0.00 1 1200.00 0.00 1200.00

189260,00 146385.00 42875.00

100 6455.00 0.00 6455.00 . -100 -2654.00 0.00 -2654.00

3 1058.40 0.00 1058.40 6 918.00 0.00 918.00 6 112.14 · 0.00 112.14 1 1056,00 0,00 1056,00

1 1041,83 0,00 1041.83

1 353.37 0,00 353.37 8340.74 0.00 8340.74

197600.74 146385.00 51215.74

•

JOB: COLLEGE LANE

R. K. CONTRACTORS, INC. 2860 BROCKSMITH ROAD

FT. PIERCE, FL 34945 (772) 462-0770 FAX (772) 462-0765

CONTINGENCY

CONTRACT NO.: DATE: DECEMBER 21, 2010 REVISED (2) TO: INDIAN RIVER COUNTY B.O.C.C. ORIGINAL CONTRACT AMOUNT:

C/O SCHULKE, BITTLE & STODDARD PREVIOUS CONTRACT AMOUNT:

AMOUNT THIS CONTINGENCY:

TOTAL CONTRACT:

DESCRIPTION OF WORK: UNIT QUANTITY UNIT PRICE

ADDITIONAL WORK & MATERIALS DUE TO CONFLICTS WITH EXISTING FIELD CONDITIONS 16" DIP LF 100 64.55 CREDIT FOR 16" PVC DR18 NOT USED LF -100 26.54 16" 45" BEND EA 3 352.80 16" MEGALUGS EA 6 153.00 BOLT & GASKET KITS EA 6 18.69 CONCRETE CAP LS 1 1,056.00 LABOR & EQUIPMENT (15%) LS 1 1,041.83 6% SALES TAX ON MATERIALS LS 1 353.37 TOTAL CONTINGENCY AMOUNT:

OWNERS NAME: I-/'·/-//

R. K. CONTRACTORS:

=

0.00

0.00

8,340.74

8,340.74

AMOUNT

6,455.00

-2,654.00

1,058.40

918.00

112.14

1,056.00

1,041.83

353.37

8,340.74

96

PROJECT COMPLETION CHECKLIST

. PROJECT NAME: (~//47 f'. Lfi-?'J ff". /,. 41,,.,, l!l'.Zens,, "N

By signing below, the following individuals acknowledge that all utility construction has been completed in accordance with approved plans and specifications, all permitting clearances have been received and are filed with the project documents, all punch-list items have been completed and all record drawings have been accepted as complete, reflective of utility construction and filed with GIS Specialist.

Capital Projects Manager: a,/c:. ,~' PrintedName: MIC.HAl:.L- C,. HDTC-H/C-1$9

Date: / - / 7 - / /

Date:~

UUUties fuspecto~ Dore, p ,;/, Printed Name: >Joa- J avcf,,,.,,-m-;tfk

e,.,.,q-rv- f'R.o::1Ecr t?l/<INA4/£~: M ~ /-If- I/ GORDON E. SPARKS, P.E.. ~

ENVIRONMENTAL ENGINEER

97

JEFFREY K. BARTON Clerk of Circuit Court and Comptroller

Finance Department

1801 27th Street, Building A

Vero Beach, Florida 32960

Telephone (772) 226-1945

TO:

FROM:

Board of County Commissioners (acting as Board of Trustees ofOPEB Trust)

JeffK. Barton, Clerk of the Circuit Court and Comptroller~ And

Diane Bernardo, Finance Director ~


SUBJECT: OPEB Trust Report for the Period 10/1/10 through 12/31/10

Attached please find a summary report, listing the activity in the OPEB Trust for quarter ending December 31, 2010. The funds are held by our custodian, BNY/Mellon. In addition to our inhouse report, we are providing the BNY /Mellon summary custodial statement for December 31, 20 IO which agrees to our summary report.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached quarterly OPEB Trust Report.

Indian RivfT Ca. A.p.pr ov-e d

Admin.

Legal

Budget

Dept.

Risk Mgr.

Dale

II

98

Target

SHORT TERM PORTION 100% cash equivalents

LONG TERM PORTION 50% Equities

40% Fixed Debt Securities

10% Cash Equivalents

Performance

Indian River County Other IPost Employment Benefits Trust

Quarter Ended December 31, 2010

12/31/2010 Current

I Description Value Allocation

Fidelity Treasury Money Market $ 300,026 100.0%

Short-Term Portion Total $ 300,026 100.0%

I

Vanguard 500 Index $ 1,453,037 22.9%

FTSE All-World $ 1,279,573 20.2% Vanguard Mid Cap Index $ 340,583 5.4%

Vanguard Small Cap Index $ 172,993 2.7% 50% Equities Subtotal $ 3,246,186 51.2%

I Vanguard Short Term Treasury $ 1,486,430 23.5%

Vanguard Intermediate Treasury $ 975,112 15.4%

40% Fixed Debt Securities Subtotal $ 2,461,542 38.9%

Vanguard Prime Money Market $ 421,330 6.7%

Vanguard Federal Money Market $ 205,522 3.2%

10% Cash Equivalents Subtotal $ 626,852 9.9%

Long-Term Portion Total $6,334,580 100.0%

Portfolio Total $ 6,634,606 (A) 100.0%

(A) December 31, 2010 values agreed to the Bank of New York statement.

I Grouping Return Benchmark

Short-Term Portion 0.00% 0.00%

Long-Term Portion:

Total - 50% Equities (Blended) 9.89% 9.86% Total - 40% Fixed Debt Securities (Blended) -3.11% -1.93% Total - 10% Cash Equivalents (Blended) 0.01% 0.00%

Total Long-Term (Blended) 3.69% 4.15%

Total Portfolio (Blended) 3.29% 3.69%

Benchmark

Timeframe

3 months

3 months

3 months 3 months

3 months

3 months

a, a,

r~ ~ ~· BNY MELLON

The B3nk: of New York: Mellon Trust Company, N.A.

INDIAN RIVER COUNTY ATTN: FINANCE DIRECTOR 1801 27TH ST BLDG A VERO BEACH FL 32960-3388

BNY Mellon has a team of professionals devoted exclusively to arbitrage compliance services for tax-exempt bond issuers and conduit borrowers. For additional information, please contact your Relationship Manager.

If you are interested in accessing your Account Statement on-line, please contact your R~lationship Manager abou! our web-based INFORM product.

Visit us at www.bnymellon.com

Account Overview

Percent of all

Investments

59% 0 37'% @

4% @

100%

Summary of Assets Held

Asset Classification Ma•ket Value

Account Statement Statement Period 12/0;1/2010 Through 12/31/2010

Account INDIAN RIVER CO OPEB TRUST

ADMINISTRATIVE CONTACT: CHRISTY SHEPPARD 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-645-1946 [email protected] I

ADMINISTRATIVE CONTACT: CLAYTON WOODARD, 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-998-4 7 43 [email protected]

Assel Classificatfon Market Value

EQUITY 3,873,038.70 FIXED INCOME 2,461,541.94 CASH AND SHORT TERM 300,025.68

TOTAL OF ALL INVESTMENTS 6,634,606.32

Cost Accrued Income Est Annual Income Market Yield

EQUITY 3,873,0_;1~8 .70

2,461,541.94

300,025.68

3,199,148.38 0.00 56,314.92 1.45%

FIXED INCOME 2,501,011.65

CASH AND SHORT TERM 300,025.68

ACCOUNT TOTALS 6,634,606.32 6,000,185.71

Summary of Cash Transactions Current Period

Transaction Category Income Principal

OPENING BALANCE 0.00 0.00

DIVIDENDS 39,897.03 0.00

SALES AND REDEMPTIONS 0.00 0.00

OTHER CASH ADDITIONS 0.00 274,071.36 PAYMENTS AND WITHDRAWALS 39,897.03 - 0.00

PURCHASES 0.00 274,071.36 -

CLOSING BALANCE 0.00 0.00

0.00

0.00

0.00

Realized Gains/Losses

0.00

0.00

0.00

0.00 0.00

0.00

43,819.19

30.00

100,164.11

Year-to-Date

Income

o.lio 92,797.79

0.00

0.00

92,797.79 -

0.00

0.00

The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the tnternal Revenue Code.

1.78%

o.od%

1.50%

Prlnclpal

0.00

0.00

3,479,889.86

2,937,678.78

1,200,065.00 -

5,217,503.64 -

0.00

Page 19 of 44 Page 1 of 6

0

3

•

JEFFREY K. BARTON

Clerk of Circuit Court and Comptroller


Vero Beach, Florida 32960 Telephone (772) 226-1 205

TO:

FROM:

DATE:

SUBJECT:

Board of County Commissioners

Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller~(._(V

And ~ Diane L. Bernardo, Finance Director ~ .

January 26, 2011

Indian River County Investment Advisory Committee Quarterly Investment Report for the Quarter Ending 12/31/2010

BACKGROUND

Attached to this memorandum is the composition of the investment portfolio and investment earnings for the first quarter of this fiscal year. This report was reviewed by our investment advisory committee on. January 20, 2011.

SBA Update Fund B cash holdings are being distributed as they become available from maturities, sales, investment interest and other income received from the assets in Fund B. The investment objective of Fund Bis to maximize the present value of distributions to participants. During the quarter $73,074 was withdrawn from Fund B. The balance in Fund B was $689,650 and has an estimated realization value of78% ($537,165) as determined by the SBA financial advisors.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached Investment Advisory Committee Quarterly Report.

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Indian River County Investment Advisory Committee Quarterly Investment Report

October 1, 2010 through December 31, 2010

I INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity.

I INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, reconunend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David Koulish, Senior Vice President and- Regional Senior Investment Officer with Northern Trust Bank of Florida; Nancy Beckwith, retired Vice President of Conunercial Banking with Wachovia; and Ted Libby, Senior Portfolio Manager with Cypress Capital Group.

I AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, State of Florida Local Government Surplus Funds Trust Fund (SBA) (for existing funds only), Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act

as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements.

I BOND PROCEEDS INVESTMENT On August 13, 2009, the Water and Sewer Revenue 1993A bonds were refunded with 2009 Water and Sewer Revenue Refunding bonds. As such, the former 1993A bond reserve was merged with the 2009 issue. The current bond reserve is placed with Bank of New Yark/Mellon and is currently invested in short-term treasury bills and agencies.

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INVESTMENT ACTIVITY As of December 31, 2010 the investments portfolio book value was $323,596,432 with a market value of $324,033,987. -

Of the $323,596,432, portfolio total, $260,559,855 is restricted for the following purposes: $ 104,101,080 Special revenue projects $ 6,562,210 Debt payments for county bonds $ 21,586,117 Capital projects $ 122,832,791 Business-type activities $ 5,477,657 Escrow Funds $ 260,559,855 TOTAL

RESTRICTED CASH BY FUND TYPE (PERCENTAGES)

47%

Escrow 2% Special

Capital Service Projects 3%

8%

The weighted average maturity of the investments as of December 31, 2010 is 13 months. Yields on the individual investments ranged from 0.16% to 3.15%. The overall average yield for the quarter was 0.63%.

Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached.

The attached schedules list the portfolio composition and activity for the quarter ending December 31, 2010:

Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8

Portfolio sorted by type of debt instrument Portfolio sorted by maturity date Portfolio by maturity date bar graph Portfolio by type pie chart Investment purchases, calls and maturities for the quarter Summary of cash flows and balances by month Interest earnings summary Allocation of investments by fund types ( unrestricted and restricted balances)

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Schedule 1 Indian River County, Florida

Board of County Commissioners Investments By Type December 31, 2010

12/31/10 Coupon/ Purchase Maturity Years To Yield To Original Portfolio

Investment T:r:ee CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 31331GA90 0.750% 07/20/09 01/20/11 0.05 0.750% $2,000,000 $2,000,000.00 FFCB Bullet 31331GQG7 1.800% 03/17/09 03/17/11 0.21 1.800% $2,000,000 $2,000,000.00 FFCB Bullet 31331YQ45 3.150% 06/09/08 05/19/11 0.38 3.386% $3,000,000 $2,980,312.50 FFCB Bullet 31331JZZ9 0.310% 09/01/10 09/01/11 0.67 0.310% $2,000,000 $2,000,000.00 FFCB Callable 31331JF65 0.330% 09/15110 09/15/11 0.71 0.330% $3,000,000 $3,000,000.00 FFCB Callable 31331JK85 0.420% 09/28/10 11/28/11 0.91 0.420% $2,000,000 $2,000,000.00 FFCB Callable 31331JU50 0.375% 10/26110 04/26/12 1.32 3.750% $2,000,000 $2,000,000.00 FFCB 1XCall 31331JXE8 0.730% 08/02/10 08102/12 1.59 0.730% $2,000,000 $2,000,000.00 FFCB Bullet 31331JXY4 0.625% 08/10/10 08/10/12 1.61 0.625% $2,000,000 $2,000,000.00 FFCB Callable 31331JP98 0.600% 10/04/10 10104/12 1.76 0.600% $2,000,000 $2,000,000.00 FFCB Callable 31331JT78 0.490% 10/26/10 10/26/12 1.82 0.490% $2,000,000 $2,000,000.00 FFCB Bullet 31331JY56 0.400% 11/02/10 11/02/12 1.84 0.400% $2,000,000 $2,000,000.00 FFCB Callable 31331J2AO 0.500% · 11/09110 11109/12 1.86 0.500% $2,000,000 $2,000,000.00 FFCB Bullet 31331J2V4 0.550% 11/19110 11/19/12 1.89 0.550% $2,000,000 $2,000,000.00 FFCB Callable 31331J4WO 0.620% 12/13/10 12/13/12 1.95 0.620% $2,000,000 $2,000,000.00 FFCB Callable 31331JF81 0.800% 09/17/10 12/17/12 1.96 0.800% $2,000,000 $2,000,000.00 FFCB Bullet 31331GKF5 2.500% 01/14/09 01/14/13 2.04 2.500% $3,000,000 $3,000,000.00 FFCB Bullet 31331GLS6 2.400% 01/29/09 01/29/13 2.08 2.400% $2,000,000 $2,000,000.00 FFCB Callable 31331JZY2 0.850% 08/26/10 02/26/13 2.16 0.850% $2,000,000 $2,000,000.00 FFCB Call8.ble 31331JJ20 1.000% 09/28/10 03/28/13 2.24 1.000% $2,000,000 $2,000,000.00 FFCB Callable 31331JS95 0.625% 10/25/10 04/25/13 2.32 0.625% $2,000,000 $2,000,000.00 FFCB Callable 313371FSO 0.700% 11/22/10 05/02/13 2.34 0.700% $3,000,000 $2,999,100.00 FFCB Bullet 31331GE47 2.250% 07/29/09 07/29/13 2.58 2.250% $2 000 000 $2 000 000.00

$50,000,000 $49,979,412.50 15.71%

FHLB Bullet 3133XSZ6B 0.550% 02/02/09 02/02/11 0.09 1.560% $2,000,000 $2,000,000.00 · FHLB Disc 313384GA1 0.400% 06/24/10 05/25/11 0.40 0.400% $3,000,000 $2,988,833.33 FHLB Bullet 3133XTUR5 1.125% 06/04/09 06/03/11 0.42 1.125% $2,000,000 $2,000,000.00 FHLB Disc 313384GX1 0.420% 06/18/10 06/15/11 0.45 0.422% $3,000,000 $2,987,330.00 FHLB Disc 313384MN6 0.180% 10/28/10 10/04/11 0.76 0.183% $2,000,000 $1,996,590.00 FHLB Disc 313384MX4 0.170% 11/23/10 10/13/11 0.78 0.170% $3,000,000 $2,995,410.00 FHLB Callable 3113371EL6 0.300% 10/28/10 10/28/11 0.82 0.300% $2,000,000 $2,000,000.00 FHLB Disc 313384NV7 0.160% 11/23/10 11/04/11 0.84 0.160% $3,000,000 $2,995,386.67 FHLB Disc 313384PA1 0.180% 12/08/10 11/09/11 0.86 0.183% $3,000,000 $2,994,960.00 FHLB Disc 313384PN3 0.180% 12/08/10 11/21/11 0.89 0.183% $3,000,000 $2,994,780.00 FHLB Bullet 313372AQ7 0.370% 12/22/10 01/04/12 1.01 0.370% $2,000,000 $2,000,000.00 FHLB 1XCall 3133XSTA6 2.100% 01/12/09 01/12/12 1.03 2.100% $2,000,000 $2,000,000.00 FHLB Bullet 313370872 0.600% 07/23/10 01/25/12 1.07 0.600% $2,000,000 $2,000,000.00 FHLB Bullet 3133XSZK7 2.150% 02106/09 02/06/12 1.10 2.150% $2,000,000 $2,000,000.00 FHLB 1XCall 3133XWT01 1.020% 02/16/10 02/16/12 1.13 1.020% $2,000,000 $2,000,000.00 FHLB Callable 3133XX6F9 1.050% 03/09/10 03/09/12 1.19 1.050% $2,000,000 $2,000,000.00 FHLB Callable 313371YQ3 0.500% 12/16/10 03/16/12 1.21 0.500% $2,000,000 $2,000,000.00 FHLB Bullet 3133702E7 0.750% 07/01/10 04/02/12 1.25 0.750% $2,000,000 $2,000,000.00 FHLB 1XCall 3133XXTL1 1.100% 04/13/10 04/13/12 1.28 1.100% $2,000,000 $2,000,000.00 FHLB 1XCall 3133)()(\fl/29 1.125% 04/19/10 04/19/12 1.30 1.125% $2,000,000 $2,000,000.00 FHLB 1XCall 3133XWQXO 1.250% 02/11/10 05/11/12 1.36 1.250% $2,000,000 $2,000,000.00 FHLB Bullet 3133XYUR4 1.050% 06/30/10 08/30/12 1.67 1.050% $2,000,000 $2,000,000.00 FHLB Callable 313370S74 0.650% 09/07/10 09/07/12 1.69 0.650% $2,000,000 $2,000,000.00 FHLB Bullet 3133XYVF9 1.075% 06/21/10 09/21/12 1.73 1.075% $2,000,000 $2,000,000.00 FHLB 1X Call 3133XYUM5 1.050% 06/28/10 09/28/12 1.75 1.050% $2,000,000 $2,000,000.00 FHLB Callable 313371085 0.625% 12/08/10 06/03/13 2.42 0.808% $2,100 000 $2,090,550.00

$58,100,000 $58,043,840.00 18.24%

FHLMC Disc 313396EN9 0.340% 06/23/10 04/19/11 0,30 0.340% $3,000,000 $2,991,500.00 FHLMC Disc 313396FN8 0.430% 05/28/10 05/13/11 0.36 0.430% $3,000,000 $2,987,458.33 FHLMC Disc 313396HD8 0.360% 07/13/10 06/21/11 0.47 0.360% $2,000,000 $1,993, 140.00 FHLMC Disc 313396HLO 0.320% 07/16/10 06/28/11 0.49 0.320% $2,000,000 $1,993,831.11 FHLMC Disc 313396HUO 0.200% 12/08/10 07/06/11 0.51 0.200% $3,000,000 $2,996,500.00 FHLMC Disc 313396JD6 0.240% 09/28/10 07115/11 0.54 0.240% $3,000,000 $2,994,200.00 FHLMC Disc 313396JKO 0.220% 12/03/10 07/21/11 0.55 0.220% $3,000,000 $2,995,783.33 FHLMC Disc 313396JX2 0.270% 08/24/10 08/02/11 0.59 0.274% $3,000,000 $2,992,282.50 FHLMC Disc 313396KH5 0.270% 09/09/10 08/12/11 0.61 0.274% $3,000,000 $2,992,417.50 FHLMC Disc 313396KN2 0.240% 12/08/10 08/17/11 0.63 0.240% $3,000,000 $2,994,960.00 FHLMC 1XCall 3134G1KZ6 1.000% 07/20/10 07/20/12 1.55 1.000% $2,000,000 $2,000,000.00 FHLMC 1XCall 3134G1MD3 1.100% 07/22/10 01/22/13 2.06 1.100% $3,000,000 $3,000,000.00 FHLMC 1xCall 3128X8TZ5 2.500% 08/05/09 04/08113 2.27 2.500% $2,045,000 $2,045,000.00 FHLMC Callable 3134G1ZC1 0.625% 11/23/10 05/23/13 2.39 0.625% $2,000,000 $2,000,000.00 FHLMC 1X Call 3134G1C69 0.850% 12/20/10 06/20/13 2.47 0.850% $3,000,000 $3,000,000.00 FHLMC Callable 3134G1L44 1.000% 12/28110 06/28/13 2.49 1.000% $3,000.000 $3 000,000.00

$43,045,000 $42,977,072.77 13.51%

FNMA Disc 313588AD7 0.360% 03/23/10 01/04/11 0.01 0.366% $2,000,000 $1,994.260.00 FNMA Disc 31358888 0.320% 03/01/10 01/26/11 0.07 0.325% $2,000,000 $1,994, 115.56 FNMA Disc 313588BX 0.360% 03/01/10 02/15/11 0.13 0.366% $2,000,000 $1,992,980.00

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Board of County Commissioners Investments By Type December 31, 2010

12/31/10 Coupon/ Purchase Maturity Years To Yield To Original Portfolio

Investment T:f'.ee CUSIP Yield Date Date Maturity Maturity Par Amount Book.Value % FNMA Disc 31358BCM5 0.380% 04/28/10 03/01/11 0.16 0.396% $2,000,000 $1,993,348.33 FNMA Disc 313588CT0 0.450% 03/23/10 03/07/11 0.18 0.458% $2,000,000 $1,991,275.00 FNMA Disc 313588DM4 0.410% 04/20/10 03/25/11 0.23 0.417% $2,000,000 $1,992,278.33 FNMA Disc 313588DU6 0.320% 07/15/10 04/01/11 0.25 0.320% $3,000,000 $2;993,066.67 FNMA Disc 313588EA9 0.450% 04/20/10 04/07/11 0.27 0.458% $2,000,000 $1,991,200.00 FNMA Disc 313588EH4 0.440% 04/20/10 04/14/11 0.28 0.448% $2,000,000 $1,991,224.44 FNMA Disc 313588EV3 0.310% 07/13/10 04/26/11 0.32 0.315% $2,000,000 $1,995,057.22 FNMA Disc 313588FB6 0.440% 05/27/10 05/02/11 0.33 0.440% $2,000,000 $1,991,688.89 FNMA Disc 313588FJ9 0.420% 06/10/10 05/09/11 0.35 0.427% $3,000,000 $2,988,345.00 FNMA Disc 313588LM5 0.220% 12/08/10 09/09/11 0.69 0.220% $3,000,000 $2,994,958.33 FNMA Disc 3135B8PB5 0.250% 12/08/10 11/10/11 0.86 0.251% $3,000,000 $2,992,979.17 FNMA Disc 313588QC2 0.250% 12/14/10 12/05/11 0.93 0.251% $3,000,000 $2,992,583.33 FNMA 1XCall 3136FHCF0 2.250% 02/24/09 02/24/12 1.15 2.250% $2,000,000 $2,000,000.00 FNMA 1X Call 3136FHEV3 2.375% 03/23/09 03/23/12 1.23 2.375% $2,000,000 $2,000,000.00 FNMA 1XCall 3136FMJF2 1.250% 04/14/10 05/14/12 1.37 1.250% $2,000,000 $2,000,000.00 FNMA 1XCall 31398AS37 1.300% 05/25/10 05/25/12 1.40 1.300% $2,000,000 $2,000,000.00 FNMA Bullet 31398AP71 1.125% 04/19/10 06/22/12 1.48 1.250% $2,000,000 $2,000,000.00 FNMA 1XCall 3136FM487 0.800% 08/17/10 08/17/12 1.63 0.800% $2,000,000 $2,000,000.00 FNMA 1XCall 3136FMSJ4 1.550% 05/13/10 11/13/12 1.87 1.550% $2,000,000 $2,000,000.00 FNMA 1XCall 31398A6J6 0.550% 11/29/10 12/27/12 1.99 0.570% $2,000,000 $1,999,000.00 FNMA 1XCall 3136FM4N1 1.000% 08/11/10 02/11/13 2.12 1.000% $2,000,000 $2,000,000.00

$53,000,000 $52,888,360.27 16.62%

TBill 912795UX7 0.265.% 02/05/10 01/13/11 OJJA 0..269% $2,000J)O{) $1,99.4,965.00 TBill 912795V40 0.310% 02/18/10 02/10/11 0.11 0.315% $2,000,000 $1,993,851.67 TBill 9127952C4 0.160% 09/14110 02124/11 0.15 0.162% $2,000,000 $1,998,551.10 TBill 912795VE8 0.225% 06/11/10 05/05111 0.34 0.228% $3,000,000 $2,993,850.00 T Bill 9127952U4 0.160% 12109/10 06/09/11 0.44 0.160% $3,000,000 $2,997,573.33 T Bill 912795X63 0.240% 08103110 07/28/11 0.57 0.244% $3,000,000 $2,992,820.00 T Bill 9127952A8 0.240% 08/26/10 08/25/11 0.65 0.244% $3,000,000 $2,992,720.00 TBill 9127952F7 0.235% 09/28/10 09/22111 0.73 0.235% $3,000,000 $2,992,969.58 Treasury Note 912828LW8 1.000% 09/30/09 09/30/11 0.75 1.000% $2,000,000 $2,000,000.00 T Bill 9127952K6 0.205% 10/27/10 10/20(11 0.80 0.208% $3,000,000 $2,993,884.17 T Bill 9127952P5 0.230% 11/23/10 11/17/11 0.88 0.230% $3,000,000 $2,993,119.17 T Bill 9127952T7 0.280% 12!16/10 12115/11 0.96 0.284% $3,000,000 $2,991,501;,.67 Treasury Note 912828MJ6 0.875% 04/23/10 01/31112 1.08 0.946% $3,000,000 $2,996,250.00 Treasury Note 912828MQ0 0.875% 04/23/10 02129/12 1.16 0.977% $3,000,000 $2,994,375.00 Treasury Note 912828NE6 0.750% 06/01/10 06/01/12 1.42 0.845% $3,000,000 $2,994,375.00 Treasury Note 912828NS5 0.625% 06/30/10 06/30/12 1.50 6.408% $3,000,000 $2,998,125.00 Treasury Note 912828NQ9 0.625% 07/31/10 07/31/12 1.58 0.641% $3,000,000 $2,999,062.50 Treasury Note 912828PH7 0.375% 08/31/10 08131/12 1.67 0.438% $3,000,000 $2,996,250.00 Treasury Note 912828NX4 0.375% 09/30/10 09/30/12 1.75 0.406% $3,000,000 $2,998,125.00 Treasury Note 912828PD6 0.375% 11101/10 10/31/12 1.84 0.375% $3,000,000 $3,000,000.00 Treasury Note 912828PW4 0.625% 12131110 12131/12 2.00 0.700% $3,000,000 $2,995,539.09

$59,000,000 $58,907,912.28 18.51%

SunTrust Bank $15,050,514.65 4.73% SBA-Local Govt Surplus Trust Funds Investment Pool B $689,649.74 0.22% FACC-Florida Local Govt Investment Trust-Day To Day Money Market $15,153,006.20 4.76% Regions Bank $15,063,710.70 4.73% Total Unrestricted General Cash & Equivalents $308,753,479.11

Restricted Cash FACC-Florida Local Govt' Investment Trust-Landfill Closure & Postclosure Reserves - adjusted for fair mkt value $9,442,221.26 2.98% Total Pooled Cash & Equivalents $318,195,700.37 100.00%

Restricted Cash-Bond Covenants BNYIMellon-Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $32,457.57 NIA T Bill 9127952T7 0.130% 12116/10 06/16111 0.46 0.130% $1,350,000.00 $1,348,945.31 FHLB 3133XTS49 3.375% 06/24/10 06/24/11 0.48 0.400% $970,000.00 $983,589.70 FHLB 3133XYMV4 0.800% 06/24/10 12/01/11 0.92 0.570% $995,000.00 $998,781.00 TBill 9127952T7 0.240% 12/16/10 12115/11 0.96 0.240% $1,352,000.00 $1,348,592.96 FHLB 912795UK5 1.875% 06/24/10 06/20/12 1.47 0.750% $675,000.00 $688,365.00 Total Restricted Cash - adjusted for fair market value $5,400,731.64

Total Portfolio $323,596,431.91

Note: See separate investment report for OPES funds.

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Board of County Commissioners Investment By Maturity Date

December 31, 201 O 12/31/10

Coupon/ Purchase Maturity Years To Yield To Original Investment Txpe CUSIP Yield Date Date Maturi!}'.: Maturity Par Amount Book Value Mo Cash Flow FNMA Disc 313588AD7 0.360% 03/23/10 01/04/11 0.01 0.366% $2,000,000 $1,994,260.00

TBill 912795UX7 0.265% 02/05/10 01/13/11 0.04 0.269% $2,000,000 $1,994,965.00

FFCB Bullet 31331GA90 0.750% 07/20/09 01/20/11 0.05 0.750% $2,000,000 $2,000,000.00

FNMA Disc 3135888B 0.320% 03/01/10 01/26/11 0.07 0.325% $2,000,000 $1,994, 115.56 $ 8,000,000

FHLB Bullet 3133XSZ68 1.560% 02/02/09 02/02/11 0,09 1.560% $2,000,000 $2,000,000.00

TBill 912795V40 0.310% 02/18/10 02/10/11 0.11 0.315% $2,000,000 $1,993,851.67

FNMA Disc 313588BX 0.360% 03/01/10 02/15/11 0.13 0.366% $2,000,000 $1,992,980.00

TBill 9127952C4 0.160% 09/14/10 02/24/11 0.15 0.162% $2,000,000 $1,998,551.10 $ 8,000,000

FNMA Disc 313588CM5 0.380% 04/28/10 03/01/11 0.16 0.396% $2,000,000 $1,993,348.33

FNMA Disc 313588CTO 0.450% 03/23/10 03/07/11 0.18 0.458% $2,000,000 $1,991,275.00

FFCB Bullet 31331GQG7 1.800% 03/17/09 03/17/11 0.21 1.800% $2,000,000 $2,000,000.00

FNMA Disc 313588DM4 0.410% 04/20/10 03/25/11 0.23 0.417% $2,000,000 $1,992,278.33 $ 8,000,000

FNMA Disc 313588DU6 0.320% 07/15/10 04/01/11 0.25 0.320% $3,000,000 $2,993,066.67

FNMA Disc 313588EA9 0.450% 04/20/10 04/07/11 0.27 0.458% $2,000,000 $1,991,200.00

FNMA Disc 313588EH4 0.440% 04/20/10 04/14/11 0.28 0.448% $2,000,000 $1,991,224.44

FHLMC Disc 313396EN9 0.340% 06/23/10 04/19/11 0.30 0.340% $3,000,000 $2,991,500.00

FNMA Disc 313588EV3 0.310% 07/13/10 04/26/11 0.32 0.315% $2,000,000 $1,995,057.22 $ 12,000,000

FNMA Disc 313588FB6 0.440% 05/27/10 05/02/11 0.33 0.440% $2,000,000 $1,991,688.89

TBiH 912795VE8 0.225% 06/11/10 05/05/11 0.34 0.228% $3,000,000 $2,993,850.00

FNMA Disc 313588FJ9 0.420% 06/10/10 05/09/11 0.35 0.427% $3,000,000 $2,988,345.00

FHLMC Disc 313396FN8 0.430% 05/28/10 05/13/11 0.36 0.430% $3,000,000 $2,987,458.33

FFCB Bullet 31331YQ45 3.150% 06/09/08 05/19/11 0.38 3.386% $3,000,000 $2,980,312.50

Fl'ILB Disc 313384GA1 0-.400% 06/24/10 05/25/11 0.40 0.400% $3,000,000 $2;988,833.33 $ 17,000,000

FHLB Bullet 3133XTURS 1.125% 06/04/09 06/03/11 0.42 1.125% $2,000,000 $2,000,000.00

TBill 9127952U4 0.160% 12/09/10 06/09/11 0.44 0.160% $3,000,000 $2,997,573.33

FHLB Disc 313384GX1 0.420% 06/18/10 06/15/11 0.45 0.422% $3,000,000 $2,987,330.00

FHLMC Disc 313396HD8 0.360% 07/13/10 06/21/11 0.47 0.360% $2,000,000 $1,993,140.00

FHLMC Disc 313396HL0 0.320% 07/16/10 06/28/11 0.49 0.320% $2,000,000 $1,993,831.11 $ 12,000,000

FHLMC Disc 313396HU0 0.200% 12/08/10 07/06/11 0.51 0.200% $3,000,000 $2,996,500.00

FHLMC Disc 313396JD6 0.240% 09/28/10 07/15/11 0.54 0.240% $3,000,000 $2,994,200.00

FHLMC Disc 313396JK0 0.220% 12/03/10 07/21/11 0.55 0.220% $3,000,000 $2,995,783.33

Treasury Bill 912795X63 0.240% 08/03/10 07/28/11 0.57 0.244% $3,000,000 $2,992,820.00 $ 12,000,000

FHLMC Disc 313396JX2 0.270% 08/24/10 08/02/11 0.59 0.274% $3,000,000 $2,992,282.50

FHLMC Disc 313396KHS 0.270% 09/09/10 08/12/11 0.61 0.274% $3,000,000 $2,992,417.50

FHLMC Disc 313396KN2 0.240% 12/08/10 08/17/11 0.63 0.240% $3,000,000 $2,994,960.00

Treasury Bill 9127952A8 0.240% 08/26/10 08/25/11 0.65 0.244% $3,000,000 $2,992,720.00 $ 12,000,000

FFCB Bullet 31331JZZ9 0.310% 09/01/10 09/01/11 0.67 0.310% $2,000,000 $2,000,000.00

FNMA Disc 313588LMS 0.220% 12/08/10 09/09/11 0.69 0.220% $3,000,000 $2,994,958.33

FFCB Callable 31331JF65 0.330% 09/15110 09/15/11 0.71 0.330% $3,000,000 $3,000,000.00

Treasury Bill 9127952F7 0.235% 09/28/10 09/22/11 0,73 0.235% $3,000,000 $2,992,969.58

Treasury Note 912828LW8 1.000% 09/30/09 09/30/11 0.75 1.000% $2,000,000 $2,000,000.00 $ 13,000,000

FHLB Disc 313384MN6 0.180% 10/28/10 10/04/11 0.76 0.180% $2,000,000 $1,996,590.00

FHLB Disc 313384MX4 0.170% 11/23/10 10113/11 0.78 0.170% $3,000,000 $2,995,410.00

Treasury Bill 9127952K6 0.205% 10/27/10 10/20/11 0.80 0.208% $3,000,000 $2,993,884.17

FHLB Callable 313371EL6 0.300% 10/28/10 10/28/11 0.82 0.300% $2,000,000 $2,000,000.00 $ 10,000,000

FHLB Disc 313384NV7 0.160% 11/23/10 11/04/11 0.84 0.160% $3,000,000 $2,995,386.67

FHLB Disc 313384PA1 0.180% 12/08110 11/09/11 0.86 0.183% $3,000,000 $2,994,960.00

FNMA Disc 313588PB5 0.250% 12/08/10 11/10/11 0.86 0.251% $3,000,000 $2,992,979.17

Treasury Bill 9127952P5 0.230% 11/23/10 11/17/11 0.88 0.230% $3,000,000 $2,993,119.17

FHLB Disc 313384PN3 0.180% 12/08/10 11/21/11 0.89 0.183% $3,000,000 $2,994,780.00

FFCB Callable 31331JK85 0.420% 09/28/10 11/28/11 0.91 0.420% $2,000,000 $2,000,000.00 $ 17,000,000

FNMA Disc 313588CQ2 0.250% 12/14/10 12105/11 0.93 0.251% $3,000,000 $2,992,583.33

T-Bill 9127952T7 0.280% 12/16/10 12/15/11 0.96 0.284% $3,000,000 $2,991,506.67 $ 6;000,000

FHLB Bullet 313372AQ7 0.370% 12/22/10 01/04/12 1.01 0.370% $2,000,000 $2,000,000.00

FHLB 1X Call 3133XSTA6 2.100% 01/12/09 01/12/12 1.03 2.100% $2,000,000 $2,000,000.00

FHLB Bullet 313370872 0.600% 07/23/10 01/25/12 1.07 0.600% $2,000,000 $2,000,000.00

Treasury Note 912828MJ6 0.875% 04/23/10 01131/12 1.08 0.946% $3,000,000 $2,996,250.00 $ 9,000,000

FHLB Bullet 3133XSZK7 2.150% 02/06/09 02/06/12 1.10 2.150% $2,000,000 $2,000,000.00

FHLB 1X Call 3133XWTD1 1.020% 02/16/10 02/16112 1.13 1.020% $2,000,000 $2,000,000.00

FNMA 1XCall 3136FHCFO 2.250% 02/24/09 02/24/12 1.15 2.250% $2,000,000 $2,000,000.00

Treasury Note 912828MQO 0.875% 04/23/10 02/29/12 1.16 0.977% $3,000,000 $2,994,375.00 $ 9,000,000

FHLB Callable 3133XX6F9 1.050% 03/09/10 03/09/12 1.19 1.050% $2,000,000 $2,000,000.00

FHLB Callable 313371YQ3 0.500% 12/16/10 03/16/12 1.21 0.500% $2,000,000 $2,000,000.00

FNMA 1X Call 3136FHEV3 2.375% 03/23/09 03/23/12 1.23 2.375% $2,000,000 $2,000,000.00 $ 6,000,000

FHLB Bullet 3133702E7 0.750% 07/01/10 04/02/12 1.25 0.750% $2,000,000 $2,000,000.00

FHLB 1X Call 3133XXTL1 1.100% 04/13/10 04/13/12 1.28 1.100% $2,000,000 $2,000,000.00

FHLB 1X Call 3133:XXW29 1.125% 04/19/10 04/19/12 1.30 1.125% $2,000,000 $2,000,000.00

1 of2 106

Schedule2 Indian River County, Florida

Board of County Commissioners Investment By Maturity Date

December 31, 201 o 12/31/10

Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturi& Maturity Par Amount Book Value Mo Cash Flow

FFCB Callable 31331JU50 0.375% 10/26/10 04/26/12 1.32 0.375% $2,000,000 $2,000,000.00 $ 8,000,000

FHLB 1X 3133XWQXO 1.250% 02/11/10 05/11/12 1.36 1.250% $2,000,000 $2,000,000.00

FNMA 1XCall 3136FMJF2 1.250% 04/14/10 05/14/12 1.37 1.250% $2,000,000 $2,000,000.00

FNMA 1XCall 31398AS37 1.300% 05/25/10 05/25/12 1.40 1.300% $2,000,000 $2,000,000.00

Treas Note 912828NE6 0.750% 06/01/10 05/31/12 1.42 0.845% $3,000,000 $2,994,375.00 $ 9,000,000

FNMA Bullet 31398AP71 1.250% 04/19/10 06/22/12 1.48 1.250% $2,000,000 $2,000,000.00

Treasury Note 912828NS5 0.625% 06/30/10 06/30/12 1.50 0.625% $3,000,000 $2,998,125.00 $ 5,000,000

FHLMC 1XCall 3134G1KZ6 1.000% 07/20/10 07/20/12 1.55 1.000% $2,000,000 $2,000,000.00

Treasury Note 912828NQ9 0.625% 07/31/10 07/31/12 1.58 0.641% $3,000,000 $2,999,062.50 $ 5,000,000

FFCB 1X Call 31331JXE8 0.730% 08102/10 08/02/12 1.59 0.730% $2,000,000 $2,000,000.00

FFCB Bullet 31331JXY4 0.625% 08/10/10 08/10/12 1.61 0.625% $2,000,000 $2,000,000.00

FNMA 1XCall 3136FM4B7 0.800% 08/17/10 08/17112 1.63 0.800% $2,000,000 $2,000,000.00

FHLB Bullet 3133XYUR4 1.050% 06/30/10 08/30/12 1.67 1.050% $2,000,000 $2,000,000.00

Treasury Note 912828PH7 0.375% 08/31/10 08/31/12 1.67 0.438% $3,000,000 $2,996,250.00 $ 11,000,000

FHLB Callabe 313370S74 0.650% 09/07/10 09/07/12 1.69 0.650% $2,000,000 $2,000,000.00

FHLB Bullet 3133XYVF9 1.075% 06/21/10 09/21/12 1.73 1.075% $2,000,000 $2,000,000.00

FHLB 1X Call 3133XYUM5 1.050% 06/28/10 09/28/12 1.75 1.050% $2,000,000 $2,000,000.00

Treasury Note 912828NX4 0.375% 09/30/10 09/3_0/12 1.75 0.406% $3,000,000 $2,998,125.00 $ 9,000,000

FFCB Callable 31331JP98 0.600% 10/04/10 10/04/12 1.76 0.600% $2,000,000 $2,000,000.00

FFCB Callable 31331JT78 0.490% 10/26/10 10/26112 1.82 0.490% $2,000,000 $2,000,000.00

Treasury Note 912828PD6 0.375% 11/01110 10/31/12 1.84 0.375% $3,000,000 $3,000,000.00 $ 7,000,000

FFCB Bullet 31331JY56 0.400% 11/02/10 11/02/12 1.84 0.400% $2,000,000 $2,000,000.00

FFCB cauable 31331J2AO 0.500% 11/09/10' 11/09/12 1.86 0.500% $2,000,000 $2,000,000.00

FNMA 1xCall 3136FMSJ4 1.550% 05/13/10 11/13/12 1.87 1.550% $2,000,000 $2,000,000.00

FFCB Bullet 31331J2V4 0.550% 11/19/10 11/19/12 1.89 0.550% $2,000,000 $2,000,000.00 $ 8,000,000

FFCB Callable 31331J4WO 0.620% 12/13/10 12/13/12 1.95 0.620% $2,000,000 $2,000,000.00

FFCB Callable 31331JF81 0.800% 09117/10 12/17/12 1.96 0.800% $2,000,000 $2,000,000.00

FNMA 1XCall 31398A6J6 0.550% 11/29/10 12/27/12 1.99 0.570% $2,000,000 $1,999,000.00

Treasury Note 912828PW4 0.625% 12/31/10 12131/12 2.00 0.700% $3,000,000 $2,995,539.09 $ 9,000,000

FFCB Bullet 31331GKF5 2.500% 01/14/09 01/14/13 2.04 2.500% $3,000,000 $3,000,000.00

FHLMC 1XCall 3134G1MD3 1.100% 07/22/10 01/22/13 2.06 1.100% $3,000,000 $3,000,000.00

FFCB Bullet 31331GLS6 2.400% 01/29/09 01/29/13 2.08 2.400% $2,000,000 $2,000,000.00 $ 8,000,000

FNMA 1XCall 3136FM4N1 1.000% 08/11/10 02111/13 2.12 1.000% $2,000,000 $2,000,000.00

FFCB Callable 31331JZY2 0.850% 08/26/10 02/26/13 2.16 0.850% $2,000,000 $2,000,000.00 $ 4,000,000

FFCB Callable 31331JJ20 1.000% 09/28/10 03/28/13 2.24 1.000% $2,000,000 $2,000,000.00 $ 2,000,000

FHLMC 1XCall 3128X8TZ5 2.500% 08/05/09 04/08/13 2.27 2.500% $2,045,000 $2,045,000.00

FFCB Callable 31331JS95 0.625% 08125/10 04/25/13 2.32 0.625% $2,000,000 $2,000,000.00 $ 4,045,000

FHLB Callable 313371FSO 0.700% 1'1/22/10 05/02/13 2.34 0.700% $3,000,000 $2,999,100.00

FHLMC Callable 3134G1ZC1 0.625% 11/23110 05/23113 2.39 0.625% $2,000,000 $2,000,000.00 $ 5,000,000

FHLB Callable 313371085 0.625% 12/08/10 06/03/13 2.42 0.808% $2,100,000 $2,090,550.00

FHLMC 1XCa11 3134G1C69 0.850% 12120/10 06/20/13 2.47 0.850% $3,000,000 $3,000,000.00

FHLMC Callable 3134G1L44 1.000% 12128/10 06/28/13 2.49 1.000% $3,000,000 $3,000,000.00 $ 8,100,000

FFCB Bullet 31331GE47 2.250% 07/29/09 07/29/13 2.58 2.250% $2,000,000 $2,000,000.00 $ 2,000,000 $263,145,000 $262,796,597.82 $ 263,145,000

SunTrust Bank $15,050,514.65

SBA--Local Govt Surplus Trust Funds Investment Pool B $689,649.74

FACC-Florida Local Govt Investment Trust-Day to Day Money Market $15, 153,006.20

Regions Bank $15,063,710.70

Total General Cash & Equivalents $308,753,479.11

Restricted Cash FACC-Florida Local Govt Investment Trust-Landfill Closure & Postclosure Reserves - adjusted for fair mid value $9,442,221.26

Total Pooled Cash & Equivalents $318,195,700.37

Restricted Cash-Bond Covenants BNY/Mellon-Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $32,457..57

TBill 9127952T7 0.130% 12/16/10 06/16/11 0.46 0.130% $1,350,000.00 $1,348,945.31

FHLB 3133XTS49 3.375% 06/24/10 06/24/11 0.48 0.400% $970,000.00 $983,589.70

FHLB 3133XYMV4 0.800% 06/24/10 12/01/11 0.92 0.570% $995,000.00 $998,781.00

TBill 9127952T7 0.240% 12116/10 12/15111 0.96 0.240% $1,352,000.00 $1,348,592.96

FHLB 912795UK5 1.875% 06124/10 06/20/12 1.47 0.750% $675,000.00 $688,365.00

Total Restricted Cash - adjusted for fair market value $5,400,731.54

Total Portfolio $323,596,431.91

Note: See separate Investment report for OPEB funds.

2of2 1 07

Schedule 3 Indian River County

Portfolio By Maturity Date December 31, 201 O

250,000,000 ~----------------------------------

150,000,000 +-----

100,000,000 +-----

50,000,000 +-----

33,134,650

0 +----~ 0-12Months 13-24 Months 25-36 Months

Total Portfolio $323,596,432

108

Treasury Note 18.51%

Schedule4 Indian River County

Portfolio By Type December 31, 2010

FLGIT - Landfill 2.98%

SBA-Fund B---~ 0.22%

FNMA 16.62%

FLGIT $ Mkt 4.76%

Regions Bank Suntrust Bank 4 ?S'¾

4.73% . 0

FFCB 15.71%

FHLB

', ''- (18.24% \\

\

---FHLMC 13.51%

109

PURCHASES· Investment Description Yield to Maturi!, FFCB Callable 0.60% FFCB Callable 0.63% FFCB Callable 0.38% FFCB Callable 0.49% T Bill 0.21% FHLB Disc 0.18% FHLB Callable 0.30% T Note 0.38% FFCB Bullet 0.40% FFCB Callable 0.50% FFCB Bullet 0.55% FHLB Callable 0.71% FHLMC Callable 0.63% FHLB Disc 0.16% T Bill 0.23% FHLB Disc 0.17% FNMA 1XCall 0.57% FHLMC Disc 0.22% FHLB 0.81% FHLB Disc 0.18% FHLMC Disc 0.20% FNMA Disc 0.25% FNMA Disc 0.22% FHLB Disc 0.18% FHLMC Disc 0.24% TBill 0.16% FFCB Callable 0.62% FNMA Disc 0.25% T Bill 0.28% FHLB Callable 0.50% FHLMC - 1X Call 0.85% FHLB Bullet 0.37% FHLMC Callable 1.00% T Note 0.70%


Investment Purchases and Calls/Maturities Quarter Ending

December 31, 2010

Purchase Date Call Date Maturitv Date 10/4/2010 01/04/11 10/4/2012 10/25/10 01/25/11 04/25/13 10/26/10 01/26/11 04/26/12 10/26/10 04/26/11 10/26/12 10/27/10 10/20/11 10/28/10 10/04/11 10/28/10 01/28/11 10/28/11 11/01/10 10/31/12 11/02/10 11/02/12 11/09/10 05/19/11 11/09/12 11/19/10 11/19/12 11/22/10 02/02/11 05/02/13 11/23/10 05/23/11 05/23/13 11/23/10 11/04/11 11/23/10 11/17/11 11/23/10 10/23/11 11/29/10 06/27/11 12/27/12 12/03/10 07/21/11 12/08/10 03/03/11 06/03/13 12/08/10 11/09/11 12/08/10 07/06/11 12/08/10 11/10/11 12/08/10 09/09/11 12/08/10 11/21/11 12/08/10 08/17/11 12/09/10 06/09/11 12/13/10 12/13/11 12/13/12 12/14/10 12/05/11 12/16/10 12/15/11 12/16/10 03/16/11 03/16/12 12/20/10 06/20/11 06/20/13 12/22/10 01/04/12 12/28/10 03/28/11 06/28/13 12/31/10 12/31/12

34

1 of 2

Par Amount Book Value $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $3,000,000 $2,993,884.17 $2,000,000 $1,996,590.00 $2,000,000 $2,000,000.00 $3,000,000 $3,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $3,000,000 $2,999,100.00 $2,000,000 $2,000,000.00 $3,000,000 $2,995,386.67 $3,000,000 $2,993, 119.17 $3,000,000 $2,995,410.00 $2,000,000 $1,999,000.00 $3,000,000 $2,995,783.33 $2,100,000 $2,090,550.00 $3,000,000 $2,994,960.00 $3,000,000 $2,996,500.00 $3,000,000 $2,992,979.17 $3,000,000 $2,994,958.33 $3,000,000 $2,994,780.00 $3,000,000 $2,994,960.00 $3,000,000 $2,997,573.33 $2,000,000 $2,000,000.00 $3,000,000 $2,992,583.33 $3,000,000 $2,991,506.67 $2,000,000 $2,000,000.00 $3,000,000 $3,000,000.00 $2,000,000 $2,000,000.00 $3,000,000 $3,000,000.00 $3,000,000 $2,995,539.09 $87,100,000 $87,005,163.26

110

MATURITIES· Investment Descriotion Yield to Maturi!\ FHLMC Disc 0.22% FHLB Callable 0.95% FFCB Callable 0.47% FHLMC Disc 0.24% FHLMC Bullet 4.13% FHLB - 1X Call 1.05% T Bill 0.27% FNMA-1XCall 1.35% FHLMC -1X Call 1.38% T Note 1.50% FHLMC Callable 1.05% FHLMC Step Up 1.56% FNMA Disc 0.28% FHLMC Disc 0.26% T Bill 0.31% FHLB - 1X Call 1.18% FHLMC -1X Call 1.40% FNMA Disc 0.28% T Bill 0.12% FNMA-1XCall 1.30% FNMA Disc 0.28% T Bill 0.23% FNMA Disc 0.22% FFCB-1X Call 1.05% FNMA-1XCall 2.00%

Reconciliation of Bonds Only: Beginning portfolio (10/01/10) Total purchased Total matured


Investment Purchases and Calls/Maturities Quarter Ending

December 31, 2010

Early Purchase Date Call Date Maturitv Date

02/01/10 10/05/10 07/06/10 10/06/10 07/06/12 07/08/10 10/08/10 07/08/11 02/05/10 10/13/10 10/30/07 10/18/10 01/21/10 10/21/10 10/21/11 12/11/09 10/21/10 04/26/10 10/26/10 04/26/12 04/27/10 10/27/10 07/27/12 10/31/08 10/31/10 08/02/10 11/02/10 11/02/12 05/04/10 11/04/10 05/04/12 02/18/10 11/05/10 04/26/10 11/09/10 12/11/09 11/18/10 11/18/09 11/18/10 11/18/11 05/24/10 11/24/10 08/24/12 03/02/10 11/24/10 09/14/10 12/02/10 06/07/10 12/07/10 12/07/12 04/28/10 12/08/10 02/05/10 12/16/10 06/24/10 12/22/10 12/23/09 12/23/10 12/23/11 12/29/08 12/29/10 12/29/11

25

Ending portfolio for quarter (12/31/10)

2 of2

Par Amount Book Value $2,000,000 $1,996,993.33 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $1,996,666.67 $2,000,000 $1,993,040.00 $2,000,000 $2,000,000.00 $3,000,000 $2,993,065.83 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $1,996,093.75 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $1,995,955.56 $2,000,000 $1,995,955.56 $3,000,000 $2,991,307.50 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00 $2,000,000 $1,995,846.67 $2,000,000 $1,999,495.26 $2,000,000 $2,000,000.00 $2,000,000 $1,996,515.56 $2,000,000 $1,995,987.78 $2,000,000 $1,997,787.78 $2,000,000 $2,000,000.00 $2,000,000 $2,000,000.00

$52,000,000 $51,944,711.25

$227,736,145.81 34 securities $87,005,163.26 25 securities ($51,944,711.25)

$262,796,597.82

1 1 1


Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years

October November December January February March April May June July August September

Fiscal Year 2005-2006 Net Chanae Month End Bal*

$ (307,031) $ 337,808,418 $ 12,620,923 $ 350,429,341 $ 60,506,809 $ 410,936,150 $ (1,693,683) $ 409,242,467 $ 2,577,994 $ 411,820,461 $ 1,189,442 $ 413,009,903 $ 1,390,143 $ 414,400,046 $ 4,216,157 $ 418,616,203 $ (8,346,021) $ 410,270,182 $ 43,026,893 $ 453,297,075 $ (17,200,374) $ 436,096,701 $ 212,360 $ 436,309,061

Net cash flow $ 98,193,612

October November December January February March April May June July August September

l rec'd $50Mil in LGO Bond 7/6/06

Fiscal Year 2008-2009 Net Chanae Month End Bal•

$ (14,634,885) $ 286,076,562 $ 12,878,826 $ 298,955,388 $ 34,115,285 $ 333,070,673 $ 6,850,425 $ 339,921,098 $ 276,130 $ 340,197,228 $ (4,357,468) $ 335,839,760 $ (8,452,256) $ 327,387,504 $ (8,071,065) $ 319,316,439 $ (5,881,385) $ 313,435,054 $ (11,072,743) $ 302,362,311 $ (8,592,822) $ 293,769,489 $ (10,702,556 $ 283 066 933

Net cash flow $ (17,644,514)

December 31, 2010


$ (16,066,046) $ 420,243,015 $ 7,068,648 $ 427,311,663 $ 54,345,770 $ 481,657,433 $ (6,513,556) $ 475,143,877 $ (3,460,602) $ 471,683,275 $ (3,760,334) $ 467,922,941 $ (5,375,878) $ 462,547,063 $ (19,141,070) $ 443,405,993 $ (24,657,383) $ 418,748,610 $ (15,447,289) $ 403,301,321 $ (15,575,946) $ 387,725,375 $ (2,821,611 $ 384,903,764 $ (51,405,297

Large exp inc: fire stations, county adm bldg, utilities op center, jail,

road imorovements & utilitv work

Fiscal Year 2009-2010 Ne!Chanae Month End Bal•

$ (10,950,456) $ 272,116,477 $ 7,883,140 $ 279,999,617 $ 40,850,830 $ 320,850,447 $ 4,043,995 $ 324,894,442 $ (504,420) $ 324,390,022 $ (638,064) $ 323,751,958 $ (4,484,423) $ 319,267,535 $ (6,148,366) $ 313,119,169 $ (2,654,283) $ 310,464,886 $ (3,283,074) $ 307,181,812 $ (8,924,384) $ 298,257,428 $ (3 330 240 $ 294,927,188 $ 11,860,255

Fiscal Year 2007-2008 Net Chanae Month End Bal*

$ (15,594,572) $ 369,309,192 $ 4,873,265 $ 374,182,457 $ 44,035,963 $ 418,218,420 $ (6,833,630) $ 411,384,790 $ (11,931,277) $ 399,453,513 $ (1,755,364) $ 397,698,149 $ (28,469,773) $ 369,228,376 $ (19,429,167) $ 349,799,209 $ (11,620,582) $ 338,178,627 $ (12,010,560) $ 326,168,067 $ (12,300,680) $ 313,867,387 $ (13,155,940 $ 300 711,447 $ (84.192,317)

Expenses include loan to FOOT, environ-

mental land, fire station# 9 land, road

construction, & WNP construction.


$ (8,787,313) $ 286,139,875 $ 18,859,033 $ 304,998,908 $ 30,880,676 $ 335,879,584

$ 40,952,396

*Schedule represents total assets in 801 fund-including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month)

Schedule does not include OPEB investments M see separate report.

112


Pooled Interest Earnings Analysis Comparison ofTWo Prlor Fiscal Years With Current Fiscal Year

December 31, 1010 Portfollo

Banks- (3 -Qualified Public De osltories Mone" Market funds Treasuries & Anencies SBA- 2' RSC- Bank waehovia- Bank RBCCD& Reoions - Bank Ret Ions - Lock.box FLGIT- Landfill 4' Misc. - 51 Federated - 15

(1) SunTrust Bank 12

Interest Interest Interest Interest Interest Interest Interest Interest Month Interest

Fiscal Year Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned

Oct-08 ' 752,191 3.49% $ 4,995 2.01% $ 6,360 1.02% $ 0.00% $ 0.00% $ 0.00% $ 0.00% $ (10,233) 2.17% $ 16

Nov-08 $ 723,295 3.45% ' 3,399 1.42% $ 6,730 0.64% $ 0.00% RBCCD ' 0.00% $ 0.00% $ (36,594) 0.90% $ 4

Dec-08 $ 701,256 3.28% $ 2,354 1.02% $ 11,235 0.47% $ . 0.00% $ 2,713 2.17% $ 0.00% $ 0.00% $ 90,186 1.20% $ 167

Jan-09 $ 658,110 3.08% $ 2 0.85% $ 5,189 0.62% $ 0.00% $ 2.17% $ 0.00% $ 0.00% $ (11,437) -0.32% $ 1,340

Feb-09 $ 824,303 2.86% $ 1 0.94% $ 3,618 0.68% $ 0.00% $ 4,994 2.17% $ 0.00% $ 0.00% $ 18,304 -0.86% $ 2,776

Mar-09 $ 627,334 2.73% $ 1 0.86% $ 3,325 0.73% $ 0.00% $ 2,816 2.17% $ 0.00% $ 0.00% $ 32,564 0.33% $ 3,195

Apr-09 $ 576,672 2.69% $ 1 0.82% $ 8,333 0.56% $ 0.00% $ 110 0.40% $ 0.00% $ 0.00% $ 63,425 ·t.46% $ 4,228

May-09 $ 558,769 2.66% $ 1 0.86% $ 4,001 0,68% $ 0.00% $ 1,681 0.40% $ 0.00% $ 0.00% $ 70,846 2.16% $ 4,920

Jun-09 $ 542,188 2.52% $ 1 0.60% $ 3,946 0.67% $ 0.00% $ 1,626 0.40% $ 0.00% $ 0.00% $ 1.81% $ 5,117

Jul-09 $ 502,871 2.43% $ 0.47% $ 1,047 0.16% $ 0.00% $ 1,715 0.40% $ 0.00% $ 0.00% $ 64,347 2.75% $ 3,749

Aug-09 $ 475,758 2.41% $ 1 0.41% $ 1,111 0.16% $ 0.00% $ 2,687 0.40% $ 0.00% $ 0.00% $ 46,123 3.06% $ 3,491

Sep-09 $ 423,000 2,35% $ 1 0.37% $ 1,069 0.15% $ 0.00% $ 2,731 0.40% $ 0.00% $ 0.00% $ 66,086 3.81% $ 2,617

Ocl-09 $ 408,717 2.34% $ 0.30% $ 1,024 0.12% $ 0.00% $ 3,386 0.40% $ 0.00% $ 0.00% $ 38,760 4.28% $ 1,878

Nov-09 $ 386,791 2.28% $ 0.28% $ 1,199 0.12% $ 0.00% $ 3,274 0.40% $ 0.00% $ -0.00% $ 38,000 5.13% $ 1,557

Dec-09 $ 374,064 1.86% $ 0.21% $ 1,300 0.12% $ . 0.00% $ 3,365 0.34% $ 0.00% $ 0.00% $ (39,950) :,H9% $ 1,456

Jan-10 $ 362,522 1.79% $ 1 0.17% $ 666 0.11% $ 2,504 0.50% $ 2,962 0.25% $ 0.00% $ 0,00% $ 68,146 4.57% $ 1,420

Feb-10 $ 342,613 1.67% $ 0.20% $ 312 0.13% $ 2,716 0.50% $ 2,671 0.25% $ 0.00% $ 0.00% $ 16,567 4.59% $ 2,004

Mar-10 $ 298,664 1.51% $ 0.20% $ 207 0.16% $ 3,646 0.49% $ 2,960 0.25% $2,816 0.75% $ 118 0.60% $ {5,487) 4.04% $ 1,724

Apr-10 $ 275,686 1.38% $ 0.23% $ 157 0.20% $ 3,180 0.41% $ 2,680 0.23% $2,565 0.75% $ 5 0.60% $ 29,576 3.81% $ 1,999

May-10 $ 268,050 1.35% $ 0.27% $ 165 0.20% $ 3,208 0.32% $ 2,604 0.22% $5,181 0.75% $ 34 0.60% $ 4,248 3.22% $ 1,983

Jun-10 $ 222,402 1.13% $ 1 0,34% $ 197 0,18% $ 3,996 0.37% $ 2,520 0.22% $6,110 0.75% $ 84 0,60% $ 29,375 3.55% $ 2,319

Jul-10 $ 199,100 1.04% $ 0.38% $ 45 0.18% $ 3,888 0.38% $ 2,605 0.22% $5,548 0.75% $ 438 0.60% $ 41,117 3.40% $ 2,143

Aug-10 $ 175,471 0.92% $ 0.35% $ 58 0.19% $ 3,866 0.37% $ 2,602 0.22% $8,908 0.75% $ 975 0.60% $ 27,452 3.24% $ 2,123

Sep-10 $ 165,385 0.87% $ 0.32% $ 59 0.19% $ 2,912 0.45% $ 2,381 0.22% $7,856 0.75% $ 1,447 0.60% $ 22,595 2.S4% $ 2,069

Oct-10 $ 151,431 0.81% $ 0.30% $ 11 0.19% $ 2,729 0.35% $ 2,007 0.22% $7,155 0.75% $ 2,031 0.60% $ 31,772 2.81% $ 1,562

Nov-10 $ 146,474 0.76% $ 0.30% $ 70 0.18% $ 3,159 0.35% $ 1,813 0.22% $8,568 0.75% $ 2,463 0.80% $ (25,346) 2.01% $ 1,755

Dec-10 $ 153,531 0.70% $ . 0.27% $ 44 0.18% $ 2,982 0.24% $ 2,087 0.18% $9,045 0.75% $ 3,063 0.60% $ (30,623) 2.12% $ 1,529

Notes: 1) "Investments" are accrued interest on coupon instruments. 2) "SBA" Is cesh received on the State Board of Administratlon local government Investment pool. 3) "Bank Account" Is cash received on the overnight Investment of the Coun:y"s cash in the bank. 4) "FLGlr' Is the change In market value of the Florida Local Government Investment Trust account A monthly return Is not available; consequently, the 12 month return Is provided 5) The Miscellaneous Money Market column records interest earned in the FLGIT Day to Day Fund, the F!dellty MM, the Morgan Stanley MM , and Dreyfus MM. Column included FLSAFE In June & July 2006. 6) Federated Money Market Fund is 100% US Treasury Investments and post Interest on the last day of the month. Return reflected is 30-day yield. 7) Average return Js computed by dividing total interest income for the month by the monthly cash balances listed on schedule 6. 8} Source of one-year treasury rates is the Federal Reserve website. 9) This report does not include OPES funds.

--w

Interest Return Earned Return

0,00% $ 8,440 0.84% $ 0.00% $ 2,323 0.68% $ 0.00% $ 7,917 0.43% $ 0.01% $ 1,574 0.12% $ 0.01% $ 143 0.01% $ 0.01% $ 114 0.01% $ 0.02% $ 212 0.02% $ 0.02% $ 111 0.01% $ 0.02% $ 57 0.01% $ 0.40% $ 35 0.01% $ 0.32% $ 45 0.01% $ 0.24% $ 25 0.01% $

0.17% $ 70 0.01% $ 0.15% $ 146 0.01% $ 0.12% $ 89 0.01% $ 0.11% $ 0.00% $ 0.17% $ 21 0.00% $ 0.14% $ 0.00% $ 0.16% $ 0,00% $ 0.15% $ 9 0.00% $ 0.19% $ 10 0.00% $ 0.17% $ 10 0,00% $ 0.17% $ 1 0.00% $ 0.18% $ 0.00% $

0.14% $ 0.00%1 $ 0.16% $ 0.00% $ 0.15% $ . 0.00% $

,., Utilities Reserve Benchmark

m One Year Interest Average Constant Earned Return Total Return Return Maturitv

17 0.00% $ 781,786 3.20% 1.42% 132 0.00% $ 699,289 2.81% 1.07%

3 0.00% $ 815,811 2.94% 0.49% . 0.00% $ 654,778 2.31% 0.44% 6 0.00% $ 854,145 2.31% 0.62% 1 0.00% $ 669,350 2.39% 0.64% 3 0.00% $ 652,984 2.39% 0.55% 4 0.00% $ 640,333 2.41% 0.50% 3 0.00% $ 552,938 2.12% 0.51% . 0.00% $ 573,764 2.28% 0.48%

0.00% $ 531,216 2.17% 0.46% 0.00% $ 495,529 2.10% 0.40%

0.00% $ 453,835 2.00% 0.37% . 0.00% $ 430,967 1.85% 0.31% . 0.00% $ 340,324 1.27% 0.37%

0.00% $ 438,221 1.62% 0,35% 0.00% $ 368,906 1.38% 0.35% 0,00% $ 304,648 1.13% 0.40% 0.00% $ 315,828 1..19% 0.45% 0.00% $ 285,482 1.09% 0.37%

847 0.10% $ 267,861 1.04% 0.32% 1,960 0.44% $ 256,854 1.00% 0.29% 1,960 0.44% $ 223,416 0.90% 0.26% 1,960 0.44% $ 206,666 0.84% 0.26%

1,960 0.44% $ 200,658 0.84% 0.23%1 1,960 0.44% $ 140,916 0.55% 0.25% 1,634 0.37% $ 143,092 0.51% 0.29%


Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of December 31, 2010

General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments

Pooled Investments $ 75,319,729 $ 104,101,080 $ 6,562,210 $ 21,586,117 $ 32,760,568 $ 326,372 $ 3,894,403 $ 61,723,899 $ (50,430) $ 21,874,853 $ 2,303,126 $ 5,477,657 $ 335,879,584

Schedule includes all pooled investments, FMV adjustments, and cash in bank.

Schedule does not include OPEB investments - see separate report.

114

JEFFREY K. BARTON

Clerk of Circuit Court and Comptroller


Vero Beach, Florida 32960 Telephone (772) 226-1205

TO:

FROM:

DATE:

SUBJECT:

Board of County Commissioners _, 1 (1a

1 Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller~ -And

Diane L. Bernardo, Finance Director

January 26, 2011

Quarterly Summary Report for Assessment of Additional Court Costs In accordance with 318.18 (13) Florida Statutes

BACKGROUND

The 318.18 (3) Florida Statutes Assessment of Additional Court Costs Quarterly Summary is required to be submitted to the County's Board of County Commissioners. This report shows the revenues and expenditures associated with the F.S. 318.18 (13) surcharge. This statute pertains to a $15 court facility fee assessed on all traffic tickets. The courthouse collects these fees and submits to Finance ( on behalf of the Board) on a monthly basis.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached report.

Admin,

Legal

Budget

ti

115

County Indian River

Quarter Ending/Year Dec 2010

REVENUE - 318.18 (13) (a) I Total Revenue Collected I $37,591.001

EXPENDITURES - 318.18 (13)_{a) Court Facilities

318.18 (13) Florida Statutes Assessment of Additional Court Costs

Quarterly Summary

Contact Name Edward Halsey

Telep_hone 772-226-1206

REVENUE - 318.18 (13) (bl I Total Revenue Collected I $0.00]

EXPENDITURES - 318.18 (13) (b)

Local Law Libraries Princip_le & Interest on Bonds

(.0 --

Description* I Amount Description* Amount Description* I Principle I Interest --·--- --

State ~ttomey $9,569.401 Salary/Benefits/Operating Costs - -

Public Defender $556.34

Guardian Ad Litem $0.00

Court Administrator $0.00

$0.00

$0.00 ffi'.>1"ffi.i.1fl;//.'"i\''<>~i/JhlM,,- ~-ill'""'~•-•·•l<'1!W/j ill!!J''f;;/"i,,ilflilll'""'ii:<l\:iilO''!ii,iil:, '""!ill fml'(>li,ll'ifli,1.t'lliff ., !iillil""'"kl•">-~•,ws""" ~ill:t!l!1§f~ti~l~i*f~t1~~~ ~zttit~dJ~~~~~,,t';t~;~,Jim ~t~~t~t!'!t~Lv .,ti:i!iJ,~ticitilWti'~~ti

• If possible, please provide a general description of the type of expenditures. Add lines as needed.

Fund140 - Report 1210

$9,399.25

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

!ffiffiiillfti~~11,tf!t~tB:~t?L~I ''"''""~::•'''""l'llt£ii!!tti'it-iJf' ~t,lt\\1t~,q:~ . _ JMii~.~<w.~w.nu. ~!

$0.00

$0.00

$0.00

$0.00

$0.00

JEFFREY K. BARTON Clerk of Circuit Court and Comptroller

Finance Department


Vero Beach, Florida 32960

Telephone (772) 226-1945

TO:

FROM:

Board of County Commissioners _, J (:Z) Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller Co -

And Diane Bernardo, Finance Director


SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund

BACKGROUND

On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine.

Attached to this memo is a report of the revenues and expenditures from the inception of the $3 fee (October 1, 2002) through December 31, 2010. The Board currently carries a balance of $42,359 which is available to area schools.

The Clerk's office will continue to provide a quarterly report of the traffic education trust activity until all of the funds have been spent.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached report.

~·- ··-·· -

lndi1n Alv'9f Ca A;:ivroved Dal•

Admin. { 'R) IIa1 Ill ' Legal --

Budge\ ( .... 1/z.,I II I ' I

Oe~t.

Risk Mgr.

F:\dbemardo\Traffic Fund Bd Agenda.doc

117

FY03 10/01/2002-09/30/2003

REVENUES Fines and forfeitures $ 42,563 Interest 222

Total Revenues 42,785

EXPENDITURES Public Safety

Total Expenditures

Net change in fund balances 42,785

Fund balances at beginning of year

Fund balances at end of year 42,785

f:adminserv\dbernardo\Traffic Education Fund

Indian River County, Florida Statement of Revenues, Expenditures and Changes in Fund Balances

Traffic Education Program

FY04 FY05 FY06 FY07 10/01/2003- 10/01/2004- 10/01/2005- 10/01/2006-09/30/2004 09/30/2005 09/30/2006 09/30/2007

$ 42,225 $ 41,794 $ 48,372 $ 9,537 686 2,130 5,797 8,426

42,911 43,924 54,169 17,963

25,188 44,373 25,188 44,373

42,911 43,924 28,981 (26,410)

42,785 85,696 129,620 158,601

85,696 1'29,620 158,601 132,191

FY08 10/01/2007-09@_0/2008

$ 1,575 4,999 6,574

36,210 36,210

(29,636)

132,191

102,555

FY09 FY10 YTD FY11 10/01/2008- 10/01/2009- 10/01/2010-09/30/2009 09/30/2010 12/31/2010

$ 744 $ 525 $ 84 2,989 753 (12) 3,733 1,27_ll_ 72

29,962 35,317 29,962 35,317

(26,229) (34,039) 72

102,555 76,326 42,287

76,326 42,287 42,359

School District of Indian River County St. Edwards School

Total Disbursed to Date

Inception to Date Totals

213,409

171,050

42,359

$ 114,535 $ 56,515 $ 171,050

00 --

?>O


MEMORANDUM

TO: Joseph A. Baird; County Administrator

unity Development Director

THROUGH: Phil Matson; MPO StaffDirectorp/1-'

FROM: Brian Freeman, AICP; Senior Transportation Planner (3 ~


CONSENT AGENDA

SUBJECT: Request for the Board of County Commissioners to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJP A) with the Florida Department of Transportation (FDOT)

It is requested that the information herein presented be given formal consideration by the Board of County Connnissioners at its regular meeting of February 1, 2011.

DESCRIPTION & CONDITIONS

For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed-route) and the Connnunity Coach (demand response) transit services.

For FY 2011, $279,776 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of$279,776. As was the case in previous years, matching funqs will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $559,552 in federal operating assistance through the Section 5307 program. As a result, the county will receive $839,328 in combined federal and state transit operating assistance.

F:\Community Development\Users\MPO\Transit\Grants\Block\20l0-2014\2011 staff report.doc I

119

In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2011, the first step is to apply for state Block Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance.

According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2011 Section 5307 grant may be met by soft-match rather than cash-match funds (which effectively provides for I 00% federal funding of capital expenses), the entire FY 2011 Block Grant is proposed as a partial match for Section 5307 operating funds.

Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. To receive the Block Grant funds, the County must enter into a Supplemental Joint Participation Agreement with FDOT, a copy of which.is attached to this staff report(Attachrnent #2).

ANALYSIS

As with the FT A Section 53 07 grant program, only public agencies may be designated recipients of Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf.

The attached Supplemental Joint Participation Agreement (SJPA) is an agreement between FOOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP) to FOOT.

The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the SJP A for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the SJPA to FOOT. Once the SJPA has been executed by FOOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand-response transit service. The provision of such service is consistent with the findings of the MPO's adopted IO-year Transit Development Plan and 2035 Long Range Transportation Plan.

FUNDING

Funding in the amount of $279,776 is budgeted and available in the General Fund/ Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county.

F:\Commun ity Development\U sers\MPO\ Transit\Grants\Block\2010-2014\2011 staff report. doc 2

120

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement.

ATTACHMENTS

1. Authorizing Resolution for the Execution of a Public Supplemental Transportation Joint Participation Agreement

2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form

Indian River Co, Approved Date

APPROVED AGENDA ITEM: Admin.

Legal

Budget

Dept.

Risk Mer.

F: \Community Development\U sers\MPO\ Transit\Grants\Block\20 10-2014 \20 11 staff report.doc 3

121

RESOLUTION NO. 2011 -__ _

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLICTRANSPORTATIONSUPPLEMENTALJOINTPARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.

WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and

WHEREAS, Indian River County intends to submit an FY 2011 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2011 Florida Public Transportation Block Grant; and

WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and

WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services.

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

1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2011 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2011 Section 5307 grant application.

2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2011 Public Transportation Block Grant.

THIS RESOLUTION was moved for adoption by __________ _, and the motion was seconded by _________ __, and, upon being put to a vote, the vote was as follows:

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

F:\Community Development\Users\MPO\Transit\Grants\Block\2010-2014\2011 bee resolution.doc Page 1 of2

AttachmeT~ 2

RESOLUTION NO. 2011 -__ _

The Chairperson thereupon declared the resolution duly passed and adopted this 1st day of February , 2011.

Attest: J. K. Barton, Clerk of Court

By: -----------Deputy Clerk

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By: -----------Bob Solari, Chairman

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and ________ , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this 1st day of February , 2011.

APPROVED AS TO LEGAL SUFFICIENCY

BY ~ ~,, Alan Polackwtc,

County Attorney

Notary Public

SEAL:

APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS

BY: _J_,,&ii~L2{j~~W.f4-Robert M. Keating, ICP, Community Development

F:\Community Development\Users\MPO\Transit\Grants\Block\2010-2014\2011 bee resolution.doc Page 2 of2

123

Financial Project No.: 407190-1-84-02

(i\em-~gnenl-phase-seqvence)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

·Number 01

Fund: DPTO FLAIR Approp.: Function: 680 FLAIR Obj.: Federal No.: N/A Org.Code:

088774

750010 55042010429

725-030.(17 PUBLICTRANSPORTATJON -Page 1 of3

Contract No.: APTTO DUNS No.: 80-939-7102 Vendor No.: VF59600067 4007 CFDA Number: N/A CSFA Number: 55.010

THIS AGREEMENT, made and entered into this ____ day of

by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state of Florida,

hereinafter referred to as the Department, and Indian River County Board of County Commissioners

1840 25th Street. Vero Beach. FL 32960-3365

hereinafter referred to as Agency.

WITNESS ETH:

WHEREAS, the Department and the Agency heretofore on the 13th day of ~Ja~n=u=•~rv~~2~0~1~0 __

enJered into a Joint Participation Agreement; and

WHEREAS, the Agency desires to aCCQmplish certain project items as outlined in the Attachme11t "A" appended

hereto; and

WHEREAS, the. Department desires to participate in all eligible items far this project as outlined in Attachment

"A" for a total Department Share of $ 590, 195.00

NOW. THEREFORE THIS INDENTURE WITNESS ETH: that for and in consideration of the mutual benefits to flow

from each to the other, the parties hereto agr.ee that the above describetj Joint Participation Agreement is to be amended

and supplemented as. fallows:

1.Q0 Project Description: The project description is amended

To provide operating assistance for public transportation services. Please see Attachment A for more detailed scope and deliverables.

Attachment 2

124

2.00 Project Cost:

Paragraph 3.00 of said Agreement is • increased O decreased by$ 559 552.00

bringing the revised total cost of the project to$ 1.180,390.00

Paragraph 4.00 of said Agreement is • increased O decreased by$ 279,776.00

brtnging the Department's revised total cost of the project to$ 590,195.00

3.00 Amended Exhibits:

Exhibil(s) _/;_ of said Agreement is amended by Attachment "A".

4.00 Contract nme:

Paragraph 18.00 of said Agreement 12/31/2014 .

725-030-07 PUBLIC TRANSPORTATION

""" Page2Df3

125

725-IJ30-07 PlJBl..lCTRANSPORTATION ..,,,

P~ge3 013

Financial Project No. 4.00;_7;_19:.:0-:...;.1-..:B..:4-..:0:::2c._ ______ _

Contract No. A.::P...:l7c.:..:::O _________ _

Agreement Date

Except as hereby modified, amended or changed, all other terms of said Agreement dated ________ _

and any subsequent supplements shall remain in full force and effect

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first

above written.

AGENCY

Indian River County Board of County Commissioners

AGENCY NAME

SIGNATORY (PRINTED OR lYPEO)

SIGNAilJRE

TITLE

FDOT

See attached Encumbrance Form for date of Funding Approval by Comptroller

LEGAL REVIEW OEPAAThtENT OF TRANSPORTATION

DEPARTMENT OF ~SPORlATION

Director of Transportation Development

Tll1.E

126

Financial Project No: 407190-1-84-02 Contract: APT70

Agreement Date: ______ _

ATTACHMENT A PROJECT DESCRIPTION AND RESPONSIBILITIES

This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners, 1840 25th Street, Vero Beach, FL 32960-3365 referenced by the above Financial Project Number.

PROJECT LOCATION: Indian River County, Florida

PROJECT DESCRIPTION: Block Grant operating assistance to Indian River County to provide public transit services.

SPECIAL CONSIDERATIONS BY AGENCY:

The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project.

The Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The block grant funds may be used for eligible operating costs of public transit providers including the total costs of administration, management, and operations directly incident to the provision of public bus transit services, but excluding the depreciation or amortization of capital assets. Up to 50% of eligible operating costs can be paid with program funds, or an amount equal to the total revenue, excluding farebox, charter, advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less.

The Department is providing these funds as a Grant-In-Aid for the public transit program. The Department does not receive goods or services directly for this funding. The Department is authorized under Florida Statutes to enter into this agreement as specified elsewhere in this agreement.

127

ATTACHMENT A CONTINUED

Deliverables shall include:

I. Submit a copy of the National Transit Data Base (Section 5335) report submitted to PTA each year by:

a. August 29 for agencies with fiscal years ending in the months of January through June.

b. January 30 for fiscal years ending July through September. c. April 30 for fiscal years ending October through December.

2. Submit for approval the performance measures indentified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 by September 15 of each year, as indentified below:

a. Passenger Trips b. Revenue Miles c. Total Operating Expense d. Operating Revenue e. Vehicles Operated in Maximum Service f. Base Fare g. Revenue Miles Between Vehicle System Failures h. Days/Hours Service is Available i. Operating Expense per Passenger Trip

3. Submit the publisher's affidavit from a newspaper covering the trausit service area that the performance measures indentified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 were published by November I of each year.

4. Submit a copy of the Transit Development Plan (TDP) aunual progress report or plan update by September I of each year.

SPECIAL CONSIDERATIONS BY DEPARTMENT:

The Agency must submit quarterly progress reports via TransCIP, the web-based state grant management software, by logging onto www.transcip.com, and clicking on the "quarterly update" tab.

Please submit au invoice on the project every three (3) months, please include three (3) hard copies of the back-up and (three) 3 original Invoice Summary Sheets. Please refer to your JP A, Sections 6.0 and 7.0, for correct payment provisions through the Department of Transportation. Supporting documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. All invoices must be accompanied by appropriate back-up, aud check and/or check numbers that paid the invoice. Please contact your Florida Department of Transportation Project Manager for any additional questions before invoicing.

The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordauce with the terms governing use of the system, to confirm the employment eligibility of; all persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department.

128

I. PlqedCost

II. Fund

Department

Agency:

Total PlqedOost

Comments:

FYAmount 2010 $310,419.00 2011 $279,776.00

ATTACHMENT A CONTINUED

BUDGET MODIFICATION

AsAp\xoved As Amended

$620,838.00 $1,180,39000

As ApfJ!lMid AsAmended

$DP'f0/I.F $DPfO/lf

$310,419.00 $500,195.00

$310,419.00 $590,195.00

$620,838.00 $1,180,390.00

Net Change

$559,552.00

Net

$DfF!U/lF

$279,176.00

$279,776.00

$559,552.00

129

GRANT NAME: Florida Public Transit Block Grant GRANT#: N/A

AMOUNT OF GRANT: $279,776

DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association)

CONTACTPERSON:~P~h~il~lip"-"J.~M=at~so~n~------- PHONE#: (772) 226-1455

I.

2.

3.

How long is the grant for? Four Years Starting Date: January I, 2011

4.

Does the grant require you to fund this function after the grant is over?

Does the grant require a match? If yes, does the grant allow the match to be In Kind Services?

Percentage of grant to match: __ ~5~0~------~%

5. Grant match amount required:$ 279,776

___ Yes

_X~_Yes ___ Yes

6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?

$279,776 County match already budgeted in general fund

7. Does the grant cover capital costs or start-up costs? ___ Yes Ifno, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.)

8. Are you adding any additional positions utilizing the grant funds? ___ Yes If yes, please list. (If additional space is needed, please attach a schedule.)

-~x~_No

___ No ___ No

~X~_N.o

-~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 Life and Health Insurance

012.14 Worker's Compensation

012.17 Soc. Sec. Medicare Matching

TOTAL

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?

Salaries and Benefits Operating Costs Capital Total Costs

10. What is the estimated cost of the grant to the County over five years? $279,776

Grant Amount Other Matchin Costs Match Total

First Year $279,776 $ $279,776 (County Match) $279,776

Second Year $ $ $ $

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature of Preparer: ;:3

Date: l -z. '-1- I( Attachment 3

130

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATERDMSION 1801 2ib STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562

MEMORANDUM for CONSENT AGENDA


THROUGH: Christopher R. Mora, P.E., Public Works Director Owv FROM: W. Keith McCully, P.E., Stormwater Engineer /)/;tvt SUBJECT: CONSENT AGENDA - RETROACTIVE APPROVAL OF IND/AN RIVER

LAGOON NATIONAL ESTUARY PROGRAM FISCAL YEAR 2011-2012 ANNUAL WORK PLAN PROJECT PROPOSAL FOR PC SOUTH (POLLUTION CONTROL - SOUTH RELIEF CANAL) - PHASE 1 ALGAL TURF SCRUBBER SYSTEM


BACKGROUND

Earlier this month, the St. Johns River Water Management District (SJRWMD) issued grant application information for the Indian River Lagoon National Estuary Program's (IRLNEP) Annual Work Plan Project Proposal. The submittal deadline for this grant is January 28, 2011. Staff is seeking $750,000 funding from the IRLNEP program for construction of proposed PC South's Phase 1 Algal Turf Scrubber (ATS) System and its associated components. PC South's ATS will treat 10 million gallons per day (mgd) of water from the Indian River Farms Water Control District's South Relief Canal and up to 1.5 mgd of effluent water from the South County Reverse Osmosis (RO) Water Treatment Plant. (An ongoing ATS pilot plant study will develop ATS system design data and determine the feasibility of treating the RO effluent water with the canal water.) The system is expected to significantly help Indian River County meet its upcoming pollution reduction allocations that will be set by the Florida Department of Environmental Protection as required by federal law.

Because of the early application submittal deadline, staff was not able to obtain the Board's authorization before submitting the application. Therefore, the purpose of this Consent Agenda item is to request the Board's retroactive approval of the $750,000 funding request and its supporting cover letter that also promises the County will diligently seek project matching funds ($750,000 match required) if the grant is awarded. The application package and cover letter were submitted to SJRWMD on January 19, 2011.

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131

IRLNEP Project Proposal Application, PC South, Phase 1 BCC Meeting - Feb. 1, 2011 - CONSENT AGENDA January 19, 2011

RECOMMENDATION Staff recommends the Board of County Commissioners retroactively approve the $750,000 IRLNEP Project Proposal Application and its cover letter.

FUNDING Design has only recently begun on PC South Phase 1 and its components. Specialty design (structural and electrical engineering), permitting and other non-construction costs are estimated to be $132,000. Optional Sales Tax/Drainage System monies are available to fund the $750,000 match required by the grant if no other grant monies are awarded. Additionally, the unused funds from another legislative grant ($153,000) can be applied to this project. The preliminary construction cost estimate for Phase I ranges between $7,250,000 to $8,750,000, depending on whether or not any skeleton infrastructure for Phase 2 is constructed during Phase 1. County funding for the project is to come from Optional Sales Tax $1,000,000 (estimated) and $4,500,000 from IRC Utilities Dept. Staff will also apply for a US EPA/FDEP 319(h) grant and request the maximum amount of funding allowed. Hydromentia, Inc. the patent holder for the algal turf scrubber process has committed its Tallahassee lobbyists to securing additional state legislative funds for the project. (It secured an additional $2 million in state legislative funds for the Egret Marsh project.) Staff realizes that total funding is not fully secured at this point however, staff recommends applying for this grant because of timing constraints. If the County waits an additional year, the grant award timeline may not mesh with the project schedule.

ATTACHMENTS

1. The Indian River Lagoon National Estuary Program Fiscal Year 2011-2012 Annual Work Plan Project Proposal Application and its cover letter. (one copy)

DISTRIBUTION

1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. County Attorney Office


FOR 2/1/2011

2

Indian River County

Administration

Budget

Le al

Public Works

Storm.water Engineering /-/?-~

l:'·\P,,hlir \l\lnrkc\l<,:,,ithPiJI\Stnl'lTlUJ<:1t.::,r Prni.:.,..c:,;\Sn11th ~,:,,[ii:,,f r..:tn,:il Srr""'°'ninn Svc:.t,:,,m ,:inri ATS\4n,:,.nrk1 lf,:,,mc\An.,..nrl,:i _ r.nnc,:,,nf _

132

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

January 18, 2011

St. Johns River Water Management District Wayne Mozo, IRLNEP Project Administrator 525 Community College Parkway, SE Palm Bay, FL 32909

EMAIL TRANSMITTAL: [email protected]

Re: INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM 2011 - 2012 ANNUAL WORK PLAN PROJECT PROPOSAL IND/AN RIVER COUNTY PC SOUTH - PHASE 1 ALGAL TURF SCRUBBER SYSTEM

Dear Mr. Mozo:

Indian River County endorses the referenced project application and funding request, and the County will make every effort possible to secure the necessary matching funds. We remain resolute in our efforts to reduce pollution of the Indian River Lagoon and the PC South Phase 1 Algal Turf Scrubber System is an integral part of our comprehensive pollution reduction plan.

If you have any questions, please call me at 772-226-1234. Thank you for your earnest consideration of this very important pollution removal project.

Copy: Keith McCully, P.E., IRC Stormwater Division

Page 1 ofl F:\PUBLIC WORKS\KEITHM\STORMWATER PROJECTS\SOUTH RELIEF CANAL SCREENING SYSTEM AND ATS\GRANTS\IRLNEP FY 2011-12 PROJECT PROPOSALAPPLICATION\LETTER #1 - COST SHARE COMMITMENT.DOC

133

INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM FISCAL YEAR 2011-2012

PROJECT PROPOSAL APPLICATION (Use this format to submit your application,

all items and questions must be addressed to receive funding consideration) SUBMIT VIA EMAIL in PDF FORMAT TO: [email protected]

BY 5:00 P.M. January 28, 2011

A. Project Title: PC SOUTH - PHASE 1 ALGAL TURF SCRUBBER SYSTEM

B. IRLCCMP Action Plans and assigned Priority level to be implemented by this project: PS-1 - High; FSD-1 - High; FSD-2 - High; FSD-4 - High; FSD-6 - Medium; FSD-13 -High

C. Applicant Information:

1. Name of applicant including contact information: INDIAN RNER COUNTY; CONTACT= KEITH McCULLY, P.E. • (772) 226-1562, [email protected]

2. Provide information on capabilities/capacity/expertise/experience of applicant to implement this project. Include references to similar projects that have been completed by the applicant: CAP ABILITIES - The project will be designed and managed by the Indian River County Stormwater Division. Its Director, Keith McCully, P.E., will be the principal design engineer and project manager. Assistance with the project's algal turf scrubber (ATS) design will be provided by Mr. Alan Stewart, P.E. ofHydromentia, Inc., which holds the ATS process patent. Other design assistance (as necessary) will be provided by the Indian River County Utility Department. The Stormwater Division has successfully designed and constructed similar projects -PC Main (formerly known as the Main Relief Canal Pollution Control Facility) and Egret Marsh Regional Stormwater Park (Egret Marsh), both successfully operating. PC South is a combination of PC Main and Egret Marsh. PC Main was awarded The Marine Resource Council's Indian River Lagoon 2008 Project of the Year Award and the Friends of the St. Sebastian River 2008 Environmental Enhancement Award. Egret Marsh will likely receive similar awards. CAPACITY - Both Indian River County and Hydromentia have the necessary manpower to successfully design, permit, and implement this project. EXPERTISE - As indicated, Indian River County has the required expertise to design and construct the proposed PC South project. Specialty engineering services such as structural and electrical engineering will likely be provided by the same engineering companies that worked on PC Main and Egret Marsh, thus ensuring continuity of design and increased efficiency. EXPERIENCE - In many ways, PC South will mirror PC Main and Egret Marsh. PC South will incorporate the design, construction, and operational lessons learned from those previous projects, thus improving the final product. The chief designers that worked on those previous projects have substantial experience that will make PC South another successful innovative project that helps protect the Indian River Lagoon.

D. Has this project previously received funding from the NEP or IRL License Plate? NO

1. If yes, for how many years and how much funding in total was awarded: NIA

134

2. If previously funded, detail prior project accomplishments: N/ A

3. Has this project received funding from any other federal, state, regional or local entity? Yes -The Florida Department of Environmental Protection (FDEP) is issuing a $250,000 legislative grant to the project. FDEP will mail the grant contract to the County on January 19, 2011.

4. If the answer to D.3 above is yes, provide the name of the funding source, the amount of funding and if the funding was specifically tied to a particular project component. Name of Funding Source = Florida Department of Environmental Protection Funding Amount= $250,000 Particular Project Component= Research and construction= The grant will help fund a Pilot Algal Turf Scrubber System for a six month period. In this study performed by Hydromentia, Inc., a small algal turf scrubber pilot plant (500' long by I' wide) will treat water from the Indian River Farms Water Control District (IRFWCD) South Relief Canal. On January 17, 2011 the pilot plant study began its first month of data collection. Results.will be used to design the full-scale 10 million gallons per day algal turf scrubber. Remaining funds will be applied to construction.

E. Project Detail:

I. Identify general project location: The project does not currently have a physical address, but it will be located as follows: The PC South Algal Turf Scrubber System (Phase 1) will be located approximately 2,700 feet west of US Highway 1 and about 600 feet south of the IRFWCD South Relief Canal. The PC South Screening System (Phase 2) will be located about 1,000 feet east of US Highway 1 and within the IRFWCD South Relief Canal's south right-of-way.

2. Project description including project benefits to the IRL/St. Lucie and/or Halifax River ecosystems, project goals and objectives, watershed size and quantifiable targets (if applicable) such as pollutant loading reduction estimates, acres of habitat restored. Cite methodologies utilized to calculate quantifiable targets:

PC South Phase 1 Project Description: PC South's Algal Turf Scrubber (ATS) System will treat 10 million gallons per day of polluted water from IRFWCD' s South Relief Canal. The South Relief Canal flow averages 26 MGD with nutrient-rich contributions from a 12,500-acre drainage basin that is a mix of developed industrial, residential, commercial, and agricultural land. The undeveloped land surrounding PC South's A TS will be fenced and converted into a gopher tortoise preserve.

PC South's ATS will remove di~solved nitrogen and phosphorus from the canal water. A final polishing filter, similar to a wastewater treatment type filter will be included in the treatment train downstream of the ATS to remove all remaining solid particles from the treated water. Initially, up to three million gallons per day of treated canal water will be disinfected and placed into a new County reuse water system. The remaining water will be returned to the South Relief Canal where it will continue its journey to the Indian River Lagoon. Besides removing nutrients from the South Relief Canal water, the facility will receive up to 1.5 million gallons per day (ultimate flow) of reject water from the County's South Reverse Osmosis (RO) Treatment Plant. The RO reject water (currently discharged into the South Relief Canal untreated) will be blended with the canal water and the ATS will also remove dissolved nitrogen and phosphorus from the RO reject water. Hydrogen sulfide present in the RO reject water will also be dissipated into the atmosphere as the mixture flows over the ATS surface.

A simplified flow schematic of the proposed treatment train follows:

135

r I I I

Harvested Solids

I ....,__,I

I I I

J1 I I

J

A ten million gallon per day duplex pumping station will be constructed inside the South Relief Canal right-of-way. Most likely, the pumps will be above ground pumps enclosed inside a small prefabricated building. The pumps will be capable of pumping solids up to three-inches diameter. Preceding the pumps will be a Duperon self-cleaning FlexRak:e with one-inch openings. Thus, all solids one-inch and larger will be removed from the canal water prior to entering the pump station. The captured solids will be disposed of at the County landfill or an energy conversion facility. A pumping station located at the South RO Water Treatment plant will pump reject water into the influent structure where it will mix and blend with the canal water. Up to 1.5 million gallons per day of reject water will be pumped to PC South's ATS for treatment and dilution.

PC South's ATS will be approximately 4.5 to 5 acres and will consist of a large, gently sloped surface over which is placed a plastic geomembrane liner that is overlaid with a rough grid-like material. Nutrient rich waters are discharged onto the surface and an algal turf is cultured. The algae grows naturally and eventually a dominate species will predominate the ATS surface. Living within the algae is a multitude of small invertebrates, insects, microbes, and other organisms that feed off the algae and the organic material present in the canal water. The ATS's living surface is a complex miniature ecosystem. As the algal turf grows, it forms dense mats over the surface and it is very effective at removing dissolved nitrogen and phosphorus. It also removes to a smaller extent a variety

136

of other pollutants found in the canal water and some color. The treated water collects in a concrete trough at the bottom of the sloped ATS surface.

From time-to-time the algae must be harvested to remove the collected nutrients from the treatment system and to avoid conversion of the algae mat to less desirable forms of algae. During the warmer months, one half of the ATS surface will be harvested each week, which equates to biweekly harvesting for the total system. Algal production decreases during colder months, requiring harvesting only every three to four weeks. Harvesting is accomplished by scraping the ATS surface with a special blade mounted to the front of a small tractor. The scraping dislodges the algal turf, which is washed into a collection trough where it is removed at a centralized harvesting station by a Duperon selfcleaning FlexRake with one-quarter inch openings. The captured algal mass drops onto an asphalt pad where it is transported to a nearby composting area by a small skid steer loader. Alternatively, methane generation of the combined PC South and Egret Marsh algae will be investigated.

Dirty harvest water containing algae and sediment particles that pass through the FlexRake will be treated by two filters, a pretreatment filter and a polishing filter. These filters will remove most of the remaining solids and the filtered water will be normally be sent to the main final filter system for a final cleansing before discharge into the South Relief Canal.

The main filter receives all of the water treated by the ATS and usually the filtered harvest water. This filter will be a filter identical to those commonly used in wastewater treatment plants and it will remove virtually all remaining solid particles from the treated water before it is released back into the South Relief Canal or placed into a County reuse water system for irrigation by residential and commercial users. Reuse water will be disinfected prior to being placed into the reuse system. Benefits to the Indian River Lagoon Ecosystem • Significant reduction in dissolved phosphorus and nitrogen loadings into the Lagoon. • Reduction of the amount of suspended solids loading to the Lagoon. • Reduction of freshwater flow to the Lagoon by using canal water for irrigation. • Improve seagrass habitat allowing for the spread of seagrasses. • Reduce 'the potential for algal blooms. • Produce a healthier environment for wildlife dependent on the Lagoon. Project Goals and Objectives The facility's primary goal/objective is to greatly improve the Lagoon's health by removing suspended solids and dissolved nitrogen and phosphorus (to the greatest extent practicable) from the waters of the IRFWCD South Relief Canal before the waters enter the Lagoon. A secondary goal/objective is to provide a significant source of treated canal water for irrigation purposes to commercial, industrial, and residential users, thus lowering their consumption of water from the surficial and Floridian aquifiers. Watershed Size - The contributing watershed is approximately 12,500 acres. Quantifiable Targets (if applicable) Such as Pollutant Loading Reduction Estimates, Acres Of Habitat Restored: • There will be a significant reduction in dissolved phosphorus and nitrogen loadings into the

Lagoon. Assuming the removal rates are similar to the County's Egret Marsh ATS, we can expect the following removal rates: • Based on Egret Marsh operational data during the summer 2010 rainy season, peak nutrient

removal rates may be 205 or more dry pounds/month of total phosphorus aI).d 745 or more dry pounds of total nitrogen/month. When considering this data, recognize that the 2010 rainy season was actually a rather dry rainy season. With a more normal rainy season, removals may be expected to be 274 or more dry pounds of total phosphorus/month and 1,200 or more dry pounds of total nitrogen/month averaged over the entire year, based on Egret Marsh ATS pilot plant data that was obtained during a typical rainy season.

• Based on October and November 2010 Egret Marsh ATS operational data, dry season nutrient removal rates may be 100 or more dry pounds of total phosphorus/month and 620 or more dry pounds of total nitrogen/month. Note that in the dry season, typically fall and winter, the

137

IRFWCD normally holds as much water as it can in its canal system and the only flow reaching the Lagoon is typically from groundwater seepage and uncapped artesian wells. Consequently, with little rainfall introducing nutrient laden runoff into the canals, there is a very low nutrient load in the canals during the dry season. This causes algae production to drop considerably as there is little food to sustain the algae. Cooler winter temperatures also decrease algae growth. When the rainy season returns, canal nutrient loads increase substantially, producing very rapid algae growth and subsequent removal of many nutrients from the canal water.

If we assume a 6 month dry period and a 6 month rainy period then the projected nutrient removal ranges by the PC South ATS are: 1,830 to 3,280 dry pounds/year of total phosphorus, and 8,190 to 14,400 dry pounds/year of total nitrogen. This represents 915 to 1,640 forty-pound bags of 10-15-10 (N-P-K) fertilizer with respect to total phosphorus and 2,048 to 3,600 bags of fertilizer with respect to total nitrogen. Note, the above quantities do not include the total nitrogen and total phosphorus that the ATS will remove from the RO reject water.

• The suspended solids loading to the Lagoon will be reduced because sediment will be removed by the ATS grit removal system. The County's Main Relief Canal Pollution Control Facility which has passive sedimentation traps captures over 592 cubic yards of sediment each year, assuming the traps are cleaned four times per year. This is equal to almost thirty-three 18 cubic yard dump trucks. The PC South ATS grit removal system is expected to remove more sediment than the Main Canal system because it will remove sediment continuously.

3. Does this project provide other resource benefits in addition to what is described in Section E.2 above? For example, will the project increase recharge, promote water conservation, provide flood protection, protect seagrass, increase area fish populations? The project will promote water conservation by providing up to three million gallons per day of treated canal water for irrigation to commercial, industrial, and residential users. This will lower withdrawals from the surficial and Floridian aquifers, preserving water. As shown above, the project will protect seagrasses through the reduction of nutrients and suspended solids discharged into the Lagoon by the South Relief Canal. As seagrasses are preserved and proliferate, fish and wildlife populations will increase. The County will investigate the potential for aquifer recharge since the treatment facility lies on the one-mile sand ridge, a prime aquifer recharge area. The project will also produce a usable byproduct in the form of compost or methane gas.

4. List all permits required to complete the project and provide status of any pending project permits: The following permits are believed to be required for the project before it is bid for construction: SJRWMD Environmental Resource Permit; U.S. Army Corps of Engineers Dredge and Fill Permit; Indian River County Site Plan; Indian River County Stormwater Permit; and Miscellaneous permits from Indian River Farms Water Control District. We have not applied for any of these permits.

5. Projected start/completion and milestone dates: • ATS Pilot Plant Study (ongoing): Start= 11/4/2010, Finish= 8/17/2011 • Final Design for Phase 1 and Phase 2: Start= 1/31/2011, Finish= 1/31/2012 • Bid Phase 1 (ATS Project) for Construction: 3/1/2012 • Award Phase 1 Construction Contract: 4/30/2012 • Construct Phase 1: Start= 6/1/2012, Finish= 6/1/2013

6. Briefly identify major project tasks and identify any tasks or portions of tasks that will be performed by subcontractors: Major Project Design Tasks: (1) ATS Pilot Plant to develop final design data - Hydromentia, Inc.; (2) Facility Design and Permitting- Performed by Indian River County with assistance from the

138

following subcontractors: Hydromentia, Inc.; electrical/control engineering design subcontractor; structural engineering design subcontractor; geotechnical engineering design subcontractor Phase l Construction: ( 1) Construction will be performed by a contractor selected by Indian River County through competitive bidding; (2) Construction Inspection Services will be performed by Indian River County with assistance from subcontractor Hydromentia, Inc and possibly another engineering company; (3) Construction Administration will be performed by Indian River County

7. Is the project a key component of any adopted local or regional management plan such as a stormwater master plan? Do not include references to the IRL CCMP. Yes. A solids separation unit in the South Relief Canal is referenced in the East Indian River County Stormwater Master Plan (Master Plan). The Master Plan also references a regional stormwater treatment park in the southwest part of the County, which has been constructed as Egret Marsh Regional Stormwater Park. A sister algal turf scrubber facility is planned as Phase 1 of this project along the IRFWCD South Relief Canal.

F. 2011-2012 Total IRLNEP Funding Request, Match Funding and Percentage of Match.

$ 750,000 Requested Grant Funds $8,132,000 Match Funds

Match as percentage of Total Project Costs= 90.8 %

1. Documentation of Match: Provide a declarative statement detailing the source of matching funds and when the matching funds will be secured for your project. If using in-kind match, how will you document the in-kind matching contributions and volunteer time? Matching funds will be provided from local option sales tax revenues for stormwater capital projects, IRC Department of Utility Services funds, and other state grants. The County is applying for grant funding as it becomes aware of funding opportunities. Currently, the County has only been promised one grant for $250,000 from FDEP as discussed above.

G. Project Budget including in-kind and cash match amounts and source of all funds:

Task Task IRLFunding Cost Share Cost Share Funding Source Line Description Amount Funding Item Amount

1 Project Design 100,000 Indian River County

2 Permitting 10,000 Indian River County

3 Construction

2,000 Indian River County Bids

4 Project

750,000 8,000,000 Indian River County and

Construction various state grants 5 Final Report 20,000 Indian River County

Summary Cost 750,000 8,132,000

Project Total 8,882,000

Cost

139

/013.1.. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION

REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing

ADDRESS: PHONE:

SUBJECT MATTER FOR DISCUSSION: Three Issues -See Attached Fax

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

DYES

DYES

~YES

See Attached Fax

~NO

~NO

• NO

772-532-6035

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES

WHAT FUNDS OR ACTIVITIES ARE

• NO

REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail

x Fax Mail Hand Delivered Phone

MEETING DATE: I £?ti/

F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Fonn.doc Board Approved I 1n/06

140

01/25/2011 08:54 7725890642 MENSING PAGE 01

770 53~4'

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141

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.


Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action


NAME OF INDIVIDUAL OR ORGANIZATION: Ardra Rigby and George Rigby

ADDRESS: 8465 5911' Avenue, Vero Beach PHONE:

SUBJECT MATTER FOR DISCUSSION: Granting of Franchise Agreement




DYES

DYES

DYES

~NO

~NO

~NO

772- 501-4749

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Acceptance of Capital Sanitation, Inc. Franchise Agreement

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

MEETING DATE:

~NO

I ,;Jtt/1

Document2 Board Approved 1117/06

142

{063 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION

REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individnal wishing to address the Board of Connty Commission shall complete this form and snbmit it to the Indian River Connty Administrator's Office.


Indian River County Code Section 102.04(10)(b): as a general rule, pnblic discussion items should be limited to matters on which the commission may take action


NAME OF INDIVIDUAL OR ORGANIZATION: Dr. Stephen J. Faherty, Sr.

ADDRESS: 2120 Captains Walk, Vero Beach, FI 32963 PHONE: 231-8139

SUBJECT MATTER FOR DISCUSSION:




WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

Proposed Ballot Resolutions

~YES

~YES

DYES

See attached

• NO

• NO

~NO

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ~ YES • NO

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

---=---=------

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax

Sort of City of Vero Beach utility customer base to identify electric and water/sewer customers served in County for Supervisor of Elections and to add two November Ballot 2011 questions for those County customers of City utilities.

Mail Hand Delivered Phone

MEETING DA TE: / r{JJ//

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Dr. Stephen J. Faherty, Sr. 2120 Captains Walk

Vero Beach, Florida 32963-2821 Home= 772-231-8139 Mobile= 772-559-9080

[email protected]

Review of Territorial Agreement (Docket No. 800596-EU, Order No. 10382, dated November 3, 1981) between City and Florida Power & Light (FPL)

The above territorial agreement was the third in a series (prior revisions in 1972 and 1974) and completed 28 years ago at a time when about 10 percent of the City's electric customers were outside of the City. Now, 61 percent of the City's electric customers are outside of the City.

The territorial agreement reflects a number of comments which appear to be relevant in today's electric utility environment and which should be opened to public hearing under the Commission's own motion in relation to the City's requested changes for rate structure and elimination of its municipal surcharge.

A. In the fourth paragraph, page I, it states that "the Commission finds no compelling reason to set this matter for hearing ... there appears to be limited customer objection ... moreover, the agreement is in the public interest."

Comment: The Commission should set this matter for hearing as there is significant customer objection to the City's electric utility, its inefficient operation, rates significantly higher than FPL, City Council siphoning of utility revenue for City budget purposes rather than utility operations or reserves, no

· voice with City elected officials for the 61 percent of customers outside of the City limits, mismanagement, negligence, breach of fiduciary responsibility, and the City Council knowingly ignoring PSC Section 366.04(7)(a) which would have provided the opportunity to all customers to vote on having a representative utility authority. If the Commission was concerned in 1981 about contacting the 168 customers affected by the modification in the Territorial agreement, why wouldn't it be concerned about the 22,000 customers outside the City not having an opportunity for representation and comment, as in a 2008 Referendum?

B. In the fifth paragraph, page 1, it states that "Nevertheless, to insure that all persons who would be affected by the agreement have the opportunity to object to the approval of the agreement, the Commission is issuing this Notice of Intent to Approve."

Comment: Similarly, the Commission should provide on its own motion for a public hearing in the Vero Beach area in order to allow direct public comment on the City's proposed changes to rates significantly higher than FPL, City Council siphoning of utility revenue for City budget purposes rather than utility operations or reserves, no voice with City elected officials for the 61 percent of customers outside of the City limits, mismanagement, negligence, breach of fiduciary responsibility, noncompliance with PSC Section 366.04(7)(a), Territorial agreement, and other matters described herein.

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C. In the first paragraph, page 2, the Commission noted the attempts by FPL and/or the City to contact the affected customers and determine their reaction to the proposal for changes to the prior territorial agreements. The City has ignored PSC Section 366.04(7) (a) which was passed by Legislators to give over 34,000 customers the opportunity to vote their preference for a representative utility authority to run the City's electric utility. Similarly, the City has ignored the submission of over 800 names of customers on petitions for similar action.

Comment: Customers are seeking Local Legislation to modify the Commission's statutes to provide for a Referendum for customers outside of the City to vote on switching to FPL and to provide for a Referendum for City customers to vote on selling the City's electric utility.

D. In the second paragraph, page 2, the Commission stated "Approval of this territorial agreement should assist in the avoidance of uneconomic duplication of facilities on the part of the parties, thereby providing economic benefits to the customers of each.

Comment: The City is uneconomical compared to FPL historically and presently. Additional cheaper capacity is coming on line from FPL between 2009 and 2012 which will make the City's power plant used even less than its current 9 % of use which will directly affect the proposed future revenue and therefore further increase the projected rate differential between the two. FPL surrounds the City and it thus substitutes for the City's electric utility.

It should also be noted that in the Request for. Proposal (RFP) competition for the selection of the FMPA electric supplier, the City required that the bidders agree: I) not to protest the City's actions in the RFP process and 2) request that the selection file be kept confidential for the longest period possible. A mistaken release of some of the documents by the City revealed that confidential evaluation sheet of the final three bidders which showed that 33% of the rating related to how the bidder compared to FPL's rates, not the higher rates under the current electric provider, FMP A. Thus, mathematically a bid by FPL would at best make it average - it couldn't get above that, but it also couldn't protest!

Customers of the City's electric utility are being adversely affected economically by the impact of the significantly higher utility rates the City charges in its service areas. This is particularly significant in the County and in the Shores where parts are served by the City and parts are served by FPL. Real estate brokers and agents report that in showing properties to potential buyers or lessees, they ask if ANY of the utilities are provided by the City. If the answer is "yes", then the buyers and lessees generally request to see other properties not serviced by City utilities. This creates a significant economic disadvantage to having City electric service as opposed to the FPL electric service in the rest of the County and the Shores areas.

E. In the second paragraph, page 2, the Commission also stated "The territory will better conform to natural or permanent landmarks and to present land development."

In addition, section 366.04(2) ( e) states "To resolve, upon petition of a utility or on its own motion (underlining added), any territorial dispute involving service areas between and among rural electric cooperatives, municipal electric utilities,

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and other electric utilities under its jurisdiction. In resolving territorial disputes, the commission may consider, but not be limited to consideration of, the ability of the utilities to expand services within their own capabilities and the nature of the area involved, including population, the degree of urbanization of the area, its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services.

Much has changed over the last 28 years since the last territorial agreement modification in 1981. FPL has the capability to expand services in comparison to the City's electric utility which is deficit ridden, has no cash reserves, and runs its antiquated plant about 9% of the year. In addition, the City purchases about 45 percent of its electric power from a major supplier. To supply additional customers, it would have to purchase it, not generate it. The County and the Shores are each faced with situations where one side of a street in their jurisdiction is served by City electric and the other side is served with significant rate differentials between the two sides of the same street. Also, the percent of outside City customers has increased from about 10 percent in 1981 to 61 percent outside of the City now.

Furthermore, Section 366.04(2)(£), second paragraph, states " ... No provision of this chapter shall be construed or applied to impede, prevent, or prohibit any municipally owned electric utility system from distributing at retail electrical energy within its corporate limits, as such corporate limits exist on July I, 1974; however, existing territorial agreements shall not be altered or abridged hereby. This provision appears to support the concept of protecting the municipal boundaries of electric providers. Minor changes to the City's territorial boundaries have occurred over the past 28 years, primarily by the addition of a few properties at a time. It should be noted that in our discussions with residents of Indian River County, they have no interest in being armexed by the City based on their observations of City management, administration, operations, etc.

We are not asking for the City to be deprived of supplying electricity to its own residents. We are asking that the 61 percent (22,000 of34,500) of the customers now outside of the City be allowed to change electric supplier. City residents and customers can remain with the City as their electric supplier. The customers outside of the City are asking under section 366.04(2) (e) that the Commission, on its own motion, allows the 61 percent of customers outside of the City to switch franchise territories from the City to FPL.

We have tried legislation and we have petitioned the City but to no avail!

146

25-6.0440 Territorial Agreements for Electric Utilities. (I) All territorial agreements between electric utilities shall be submitted to the Commission for approval. Each territorial

agreement shall clearly identify the geographical area to be served by each utility. The submission shall include: (a) A map and a written description of the area, (b) The terms and conditions pertaining to implementation of the agreement, and any other terms and conditions pertaining to

the agreement, ( c) The number and class of customers to be transferred, (d) Assurance that the affected customers have been contacted and the difference in rates explained, (e) Information with respect to the degree of acceptance by affected customers, i.e., the number in favor of and those opposed to

the transfer, and

(f) An official Florida Department of Transportation (DOT) General Highway County map for each affected county depicting boundary lines established by the territorial agreement. Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by this Commission.

(2) Standards for Approval. In approving territorial agreements, the Commission may consider, but not be limited to consideration of:

(a) The reasonableness of the purchase price of any facilities being transferred; (b) The reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of electrical service

to the existing or future ratepayers of any utility party to the agreement; and ( c) The reasonable likelihood that the agreement will eliminate existing or potential uneconomic duplication of facilities. (3) The Commission may require additional relevant information from the parties of the agreement, if so warranted.

Specific Authority 366.05(1) FS. Law Implemented 366.04(2), (4), (5), 366.05(7) FS. History-New 3-4-90, Amended 2-13-96.

147

Chapter 180, Florida Statutes: Municipal Public Works

Section 180.01 defines municipality as City, Town, or Village. Thus it includes COVB and Town ofIRShores. ·

Section 180.02(2): A municipality may extend its powers outside of its corporate limits, as hereinafter provided, except that it shall not extend within the corporate limits of another municipality. Thus COVB could not extend into Shores.

Section 180.02(3): It is lawful for a municipality to create a zone or area by ordinance and to provide reasonable regulations requiring persons within the zone or area to connect; when available, with any sewerage system or alternative water supply system, including but not limited to, reclaimed water, etc., provided, it shall not include any area within an incorporated City or village, nor extend more than 5 miles outside the municipality, nor include any area where a majority of actual or proposed customers in that area, as evidenced by a majority vote of the registered voters who are customers in · that area, do not agree to the extension outside of the municipal area.

Added language = underlined

148

Presentation to County Board of Commissioners

Tuesday, November 16, 2010 9:00 am

Recommendations for Ballot Questions For

November 1, 2011 election

1) If you are a County voter using the City of Vero Beach electric utility, would you rather have Florida Power and Light (FPL) provide that electric utility service to you beginning in 2017 when the current County/City franchise contract expires, or before if agreeable to all parties and/or approved by the FL Public Service Commission?

__ YES NO ---

2) If you are a County voter using the City of Vero Beach water/sewer utility, would you rather have Indian River County provide that water/sewer utility service to you beginning in 2017 when the current County/City franchise contract expires or before if agreeable to all parties and/or approved by the FL Public Service Commission?

__ YES

Comments:

NO ---

This would provide the opportunity for those County voters affected by City electric and/or City water/sewer utilities to provide their views to the County for purposes of any actions involving the State Public Service Commission (PSC Section 25-6.0440 and .0441 and the November 3, 1981 Territorial (Docket No. 800596-EU, Order No. 10382) for electric and comparable water/sewer statutes, e.g., Section 180.02(3)) and/or the courts, as well as in County negotiations with the City of Vero Beach. It would also occur before the five (5) year notification period (January 2012) required in the franchise agreements.

The issue of whether the Board can approve such ballot questions and/or whether the ballot questions should be binding or non-binding requires more legal research.

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2

The County and/or Supervisor of Elections can obtain from the City of Vero Beach Utilities Customer Service Department a list of County electric customers ( 51 % of City electric customers) and of County water/sewer (20% of City water/sewer customers) customers of the City. The data sort can be done by the City based on those City customers on whom a 6% County franchise fee is imposed.

City electric and water customers have imposed on them a 10% City tax. City sewer customers do not have a I 0% tax but would have City water. Shores electric and water/sewer customers of the City do not have any taxes or franchise fees imposed on them.

In relation to the 2008 Mayfield legislation, the Supervisor of Elections received a legal opinion that determined she could not receive ballots from non-registered voters (i.e., customers) of utilities. Thus, alternatively, the Supervisor of Elections can match the City list of County customers for City electric and for City water/sewer to determine registered voters at the addresses of the County customers and provide a count of registered voters for such addresses of such customers. Thus, for purposes of information, there can be a data correlation between the County customers of City electric and of City water/sewer utility services and of the County ballot question voters for each utility who voted Yes or No.

In some cases, a customer address would have no voters because the owner is not a registered voter or is a business. In other situations, there could be two or more registered voters at a customers address.

We ask you to please consider researching the issues further and adding the ballot questions to the November 1, 2011 ballot as early as possible.

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BEFORE THE FLORIDA. PUBLIC SERVICE COMM+SSION

In re: Application of· FPL and ) the City of Vero Beach for approval ) of an agreement relative to service ) areas. ) __________________ )

DOCKET NO. ORDER NO. ISSUED:

800596-EU 10382 ll-03-81

The following Commissioners participated in the dispostion of this matter:

JOSEPH P. CRESSE, Chairman GERALD L. GUNTER JOHN R. MARKS, III KATIE NICHOLS SUSAN W. LEISNER

NOTICE OF INTENT TO APPROVE TERRITORIAL AGREEMENT

BY THE COMMISSION:

Notice is hereby given by the Florida Public Service Commission of its intent to approve a territorial agreement between Florida Power and Light Company (FPL) and the City of Vero Beach, Florida (Vero Beach or the City.)

BACKGROUND

On May 4, 1981, FPL and. Vero Beach filed an Amended Petition for Approval of Territorial Agreement seeking approval of a territorial agreement .defining their respective service territories in certain areas of Indian River County. That agreement establishes as the territorial bounday line· between the respective service areas of FPL and Vero Beach the line defined in Appendix A to this notice.

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FPL. and Vero Beach have since 1972 operated under an agreement to provide interchange service and to observe territorial boundaries for the furnishings of electric service to customers which was approved by the Commission in Docket No. 7204S~Eu, Order No •. 5520, dated August 29, 1972, and modified in Docket No. 73605-EU, Order No. 6010, dated January 18, 1974.

At this point, the Commission finds no compelling reason to set this matter for hearing. There exists no dispute between the parties and there appears to be limited customer objection to the agreement. Moreover, the Commission concludes that it ha_s before it sufficient information to find that the agreement is in the public interest.

Nevertheless, to insure that all persons who would be affected by the agreement have the opportunity to object to the approval of the agreement, the Commission is issuing this Notice

I--:-;· ~!r!~~:~~ ;~eAll~~:~· bei~:. reasons for approving the territorial 151

25-4 . , ., .

ORDER NO. DOCKET NO. PAGE: TWO

10382 800596-EU

The parties were successful in contacting 143 of the 168 accounts affected by the new agreement. Of these, 137 returned a written questionnaire on the agreement; 117 customers were not opposed to the transfer of accounts, while the; remainder were.

Approval of this territorial agreement should assist in the avoidance of uneconomic duplication of facilities on the part of the parties, thereby providing economic benefits to the customers of each. Additionally, the new territorial boundary will better · conform to natural or permanent landmarks and to present land development. Thus, the proposed territorial agr~ement should result in higher quality electric service to the customers of both parties. '

For these reasons, the Commission finds that there is justification for the approval of the agre~ment.

PROCEDURE

Any request for a hearing on this matter must be received by the Commission Clerk by December 3, 1981. If no such request is received by that date, this Order will become final.

A copy of this Notice will be provided to all persons listed on this matter's mailing list. Also, a copy of this Notice will be mailed by the parties to those customers whose accounts will be transferred by the new agreement within ten (10) days of the date of this Order.

In view of the foregoing, it is

ORDERED by the Florida Public Service Commission that the. Petition of Florida Power and Light Company and the City of Vero Beach for approval of a territorial agreement as is hereby defined in Appendix A is approved as delineated above. This Order shall become final unless an appropriate petiton is- received (See Rule 28-5.111 and 28-5.201, Florida Administrative Code) within thirty (30) days of the issuance of this notice. It is further

ORDERED that the applicants provide, by U.S. Mail, a copy of this Notice to each customer account which will be transferred pursuant to the territorial agreement within ten (10) days of the

_date of this Notice. It. is further

ORDERED that upon receipt of an appropriate petition regarding this proposed action, the Commission will institute further proceedings in accordance with Rule 28-5.201(3), Florida Administrative Code. It is further

ORDERED that after thirty (30) days from the date of this Notice, this Order shall either become final or the Commission Clerk will issue notice of further proceedings.

By ORDER of the Florida Public Service Commission, this 3rd day of November 1981.

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ORDER NO: 10382 DOCKET NO: 800596-EU

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TERRITORIAL BOUNDARY AGREEMENT BETWEEN

FLORIDA POWER le. LIGHT'COMPANY AND .

CITY OF VERO BEACH, FLORIDA DATED JUNE 11, 1980

By virtue or the entitled Agreement; the area bounded by the Atlantic Ocean and the following described boundary line is, with respect to Florida Power le. Light Company (FPL), reserved to the City or Vero Beach (City). The area·outside of the boundary line with repsect to the City is reserved to FPL.

Beginning where the extension or Old Winter Beach Rd. meets the Atlantic Ocean; then westerly along Old Winter Beach Rd. and its extensions to the Intracoastal Waterway; then southerly along the Intracoastal Waterway to the intersection of a

· line parallel to and 1/4 mile south of Kingsbury _Rd. {5S St.); then west along a line parallel to and 1/4 mile south of Kingsbury Rd. (53 St.) to the Florida East Coast Railroad right-of-way; then northerly along the Florida East Coast Railroad rightof-way to Kingsbury Rd. (53 St.); then west along Kingsbury Rd. (53 St.) to Lateral H Canal; then southerly along Lateral· H Canal .to Lindsey Rd.; then west along Lindsey Rd. to the rear property line between 32 Ave. and 33 Ave.; then south along the rear property line between 32 Ave. and 33 Ave. to No. Gifford Rd.; then west along No. Gifford Rd. to 39 Ave; then south along 39 Ave. for a distance of 1/4 mile; then west along a line parallel to and 1/4 mile south of No Gifford Rd. to a point 1/4 mile west of 43 Ave; then south along a line parallel to and 1/4 mile west of 43 Ave. to a point 1/4 mile south of So. Gifford Rd.; then west along a line parallel to and 1/4 mile south of So. Gifford Rd. to 56 Ave.; then south along· 56 Ave. to Barber Ave.; then west along Barber Ave. to a point 1/4 mile west of 58 Ave.; then north along a line parallel to and 1/4 mile west of 58 Ave. to a point 1/4 mile south of No. Gifford Rd.; then west along a line parallel to and 1/4 mile south of No. Gifford Rd. to Range Line Canal; then south along Range Line Canal to a point 1/4 mile south of SR 60; then east along a line parallel to and 1/4 mile south of SR 60 to 58 Ave.; then south along 58 Ave. to 12 St.; then east along 12 St. to 41 Ave.;. then north along 41 Ave. to 14 St.; then east along 14 St. to 27 Ave.; then south along 27 Ave. for a distance of 600 ft.; then east along a line parallel to and 600 ft. south of 14 St. to 20 Ave.; then north ~ong 20 Ave. to 14 St.; then east along 14 St. to 16 Ave.; then south along 16 Ave. to 8 St.; then east along 8 St. to 12 Ave.; then south. along 12 Ave. to 4 St.; then east along 4 St. to a point 130 ft. east of extended 9 Dr.; then south along a line parallel to and 130 ft. east of extended 9 Dr. to 2 St.; then west along 2 St. to 9 Dr.; then south along 9 Dr. to So. Relief Canal; then westerly along So. Relief Canal to Lateral. J. · Canal; then

· southerly along Lateral J. Canal to Oslo Rd.; then east a.long Oslo Rd. to US #1; then northerly along US # 1 to So. Relief Canal; then easterly along So. Relief Canal to the Intracoastal Waterway; then southerly along the Intracoastal Waterway to the Indian River - St. Lucie County Line, then east along the Indian River - St. Lucie County Line to the Atlantic Ocean.

Note: All references to avenues, drives, highways, streets, _railroad R/W, canals and waterways means the centerline of same unless otherwise noted.

APPENDIX A

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TERRli-ORIAL BOUNDARY AG.REEMENT BETWEEN

FLORIDA POW~-R & LJGRT UOMl>ANV' AND

CITY OF VERO BEACH, FtORID~ E,XHIStT )I"

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Robert M. Keating, unity Development Director

THROUGH: Stan Bol~CP; Planning Director

FROM: John W. McCoy, AICP, Senior~~!'.'


PUBLIC NOTICE (INFORMATIONAL)

SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 1, 2011.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing items have been scheduled for Board consideration:

February 8, 2011

1. The Pointes Development, LLC's Request for Vacation of the Mira-Mar Subdivision Plat [Legislative]

2. The Pointes Development, LLC's Request for Vacation of a Portion of the Replat ofFred R. Tuerk Drive Extension [Legislative]

RECOMMENDATION:

The above referenced public hearing items are provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM: Indian River Co. Admin.

F:\Community Development\Users\CurDev\public hearings\BCC\2011\2-8-11 public hearing notice to board.rtf 155

COMMUNITY DEVELOPMENT


MEMORANDUM

IJA1

TO: Joseph A. Baird; County Administrator

FROM: Robert M. Keating, AICP Co Development Director


SUBJECT: Consideration of Extension of Temporary Suspension of Impact Fees

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 1, 2011.

DESCRIPTION & CONDITIONS

On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the County. After discussion, the Board decided to suspend collection of five of the County's nine impact fees for six months.

As directed by the Board, staff then drafted an Impact Fee Suspension Ordinance, advertised the ordinance for a March 24, 2009 Public Hearing, and contacted the municipalities in the County. Because the County has Impact Fee Interlocal Agreements with all five municipalities and because those agreements require that the County provide 30 days notice prior to any amendment of the Impact Fee regulations, County staff coordinated with municipal staffs regarding the notice provision.

At its meeting ofMarch 24, 2009, the BCC conducted an impact fee public hearing and voted to suspend five impact fees from April 1, 2009 to September 30, 2009. The five suspended impact fees were: the Emergency Services Facilities Impact Fee, the Correctional Facilities Impact Fee, the Public Buildings Impact Fee, the Law Enforcement Impact Fee, and the Solid Waste Facilities Impact Fee. As approved, the impact fee suspension ordinance applied only to impact fees associated with a building permit, and it required that a certificate of occupancy be obtained within eighteen months of building permit issuance. Otherwise, the fee amount attributable to the five suspended fee categories becomes payable.

Prior to the scheduled September 30, 2009 expiration of the temporary suspension of the five impact fees, the Board of County Commissioners voted to extend that suspension for an additional six months. In March 2010, the BCC voted to again extend the impact fee suspension, with the extension period being one year. That one year extension will expire on March 31, 2011. If, prior to that time, the BCC does not conduct a public hearing and vote to extend the suspension, the extension will expire, and the five suspended fees will apply to new applications.

F:\Community Development\Impact Fee\Consid of extens of Temp Susp IF 020111 BCC.doc 1 156

The pmpose of this report is to analyze the impact of the temporary suspension of impact fees to determine if the suspended fees stimulated more building permit activity during the time that the suspension has been in effect. In this case, the analysis will focus on three ten month periods. Two of those are periods when impact fees were suspended, while the other is a period prior to suspension.

ANALYSIS

Since the current one year suspension period ends on March 31, 2011, and because notice to municipalities and advertising requirements necessitate a lead time of 30 to 45 days to adopt an impact fee suspension ordinance, the Board needs to make a determination at this time as to whether or not to proceed with extension of the suspension. If the Board opts to continue the suspension, staff will schedule a public hearing for late March and prepare necessary advertisements and notifications.

To assess the effectiveness of the impact fee suspension, staff analyzed building permit activity for two periods when impact fees were suspended and compared that building permit activity with building permit activity for the last comparable ten month period prior to the suspension of impact fees. Since the current suspension has been in effect for the ten months from April 1, 2010 to January 31, 2011, staff compiled building permit data for that period and compared it to data from the two previous April throughJanuaryten month periods. With this information, the Board can assess the success of the temporary suspension of impact fees.

The table below shows the number ofbuilding permits applied for in the first 10 months (April 1, 201 OJ anuary 31, 2011) of the current suspension period, the number of building permits applied for in the first ten months of the initial twelve month impact fee suspension period (April 1, 2009- January 31, 2010) and the number of building permits applied for in the comparable ten month period immediately prior to the initial suspension (April l, 2008 - January 31, 2009).

# of New S.F. Res. # of New M.F. Res. # of Commercial

Time Period Building Permits Building Permits Building Permits * Applied For Applied For Applied For

April 1, 2008-January 31, 2009 361 0 34

April 1, 2009-January 31, 2010 194 0 25

April 1, 2010-January 31, 2011 193 0 25

* includes tenant build outs and alterations in addition to new construction

As indicated in the table above, development activity for the most recent ten month period stayed relatively flat compared to the previous ten month period. That previous ten month period, however, represented a significant decline in building activity from the ten month period prior to the initial impact fee suspension. Despite the impact fee suspension having been in effect for ahnost two years, single family building permit activity has remained low during that time.

Given the amount of building permit activity that occurred in the two most recent suspension periods, one conclusion is that the impact fee suspension did not stimulate building activity. An alternative conclusion, however, is that the impact fee suspension may have stimulated enough construction to keep building activity from falling even more than it did.


The intent of the temporary impact fee suspension was to incentivize construction activity during the current economic downturn. Although it is unclear whether the temporary impact fee suspension has stimulated construction activity since it has been in effect, there are valid reasons to extend the suspension. One reason is that the suspension does not cost the county a significant amount in unrealized impact fees. For example, the 193 single-family building permits applied for during the first ten months of the current suspension period resulted in less than $200,000 in suspended fees not being collected. Another reason is that the temporary suspension enhances the county's "open for business" image. For those reasons, the Board should consider extending the impact fee suspension period.

If the Board does agree to extend the suspension, staffrecommends that the extension period be one year. To extend the suspended impact fees, the Board will need to approve an extension ordinance at an advertised public hearing. If the Board directs staff to proceed with the extension, staff will schedule and advertise for a public hearing to be held in late March.

ALTERNATIVES

With respect to the suspended impact fees, the Board has the following options:

• To extend the suspended impact fees by directing staff to amend the impact fee ordinance

• To not extend the suspended impact fees

Staff supports option 1.

RECOMMENDATION

Staff recommends that the Board of County Commissioners authorize staff to advertise for a public hearing to amend the Temporary Suspension of hnpact Fees ordinance to extend the current suspension of five impact fees from April 1, 2011 to March 31, 2012.

APPROVED AGENDA ITEM: Indian River Co. Approved Date

Admin. " .0.\ /, i/71/j

FOR: February 1, 2011 Legal rn,~ , ., , I I' '--- I Budget ( .- r: 11 Dept. , ' .),// I ~ I rl

Risk Mgr. • ,


TO:

THRU:

FROM:

DATE:

SUBJECT:

Indian River County, Florida Memorandum

Joseph A. Baird, County Administrat r

Jason Brown, Director, 0MB

Beth Martin, Risk Managev

January 26, 201 I

Request for Qualifications for Prequalification of Agent/Brokers, SelfInsurance Funds and Direct Writing Insurers for Property and Casualty Insurance

Background and Analysis

On November 2, 2010, the Board of County Commissioners authorized Siver Insurance Consultants (Siver) to assist the County with a two-step marketing and placement process for the property and casualty insurance. This evolved from the Board's April 20, 2010 action during which the current insurance program was adopted and remarketing was approved for the next policy year which begins on May I, 2011. The two steps involve a Request for Qualifications (RFQ) to select one or more insurance agents/firms to be assigned insurance markets and submit insurance proposals for the County's consideration. The second step will be a request for insurance submittals from the selected broker/agent(s); the County will then select the most advantageous program for the May 1 policy inception.

Staff has completed the first of the two steps in the process. That is, proposals have been received from five (5) firms. In alphabetical order, they are:

• Arthur J. Gallagher Risk Management Services, Inc. • Brown & Brown of Florida, Inc. • Employers Mutual, Inc. • Wells Fargo Insurance Services USA, Inc. • World Risk Management, LLC

The County assigned the following employees to the RFQ Review Committee: Jason Brown, Budget Director; James Sexton, Human Resources Director; Diane Bernardo, Finance Director; and Beth Martin, Risk Manager. The Committee reviewed the written proposals and met with George Erickson, Siver Consultants, on January 20, 2011 to discuss and rank the proposers. After deliberation, the Committee ranked the proposers as follows:

l~G-1

159

Board of County Commissioners Page 2 of3 January 26, 2011

T bl 1 S a e - ummary o

Jason Firm Name Brown

Arthur J. Gallagher 82

Brown & Brown 73

Employers Mutual Inc. 79

World Risk Mgt. 56

n 1v1 ua irm fl d' 'd IF' S cores

Diane Beth James Bernardo Martin Sexton

89 98 96

66 53 84

93 85 86

44 60 66

Wells Fargo Insurance Services did not meet m1mmum qualifications for placing property insurance in excess of$ 150 million and was not ranked. The Committee then decided to invite the top three (3) firms for an interview on January 25, 2011.

Following the January 25, 2011 interviews, the Committee determined that the initial rankings held. Staff now recommends that the Board authorize the top two firms to seek property and casualty insurance on the County's behalf. As stated in the RFQ, market assignments will be made by the consultant in order for the County to receive the best and most competitive proposals. The consultant's detailed explanation for using two brokers is attached.

a e -T bl 2 S ummar "0 irm an fF' R ki ngs

Jason Diane Beth James Total Final Firm Name Brown Bernardo Martin Sexton Points Rankine

Arthur J. Gallagher 1 2 1 1 5 1

Brown & Brown 3 3 4 3 13 3

Employers Mutual 2 1 2 2 7 2

World Risk Mgt. 4 4 3 4 15 4

Funding for the insurance premiums is provided in the Self Insurance Fund of the County. This is an Internal Service Fund that allocates these costs across the various County funds and departments. Please see Table 3 below for a history of these premiums over the last several years.

160

Board of County Commissioners Page 3 of3 January 26, 2011

Fiscal Year 2003104

2004105

2005106 (I)

2006107 (I)

2007108

2008109

2009/10

2010/11

Table 3 - Historic Insurance Values and Premiums

Total Insured Values Premium

$157,588,608 $1,307,627

$162,420,208 $1,395,024

$222,607,741 $1,662,224

$222,607,741 $1,662,224

$342,013,377 $3,605,083

$414,241,373 $3,068,077

$426,623,770 $1,967,445

$332,683,348 $1,876,968

Hurricane Sub Limits NIA NIA NIA NIA

$50 million

$50 million

$25 million

$50 million

In summary, staff recommends that Arthur J. Gallagher Risk Management Services, Inc. and Employers Mutual, Inc. be authorized to seek insurance proposals from assigned markets and present them to the Board for consideration for the May 1 policy inception date.

Staff Recommendation

Staff recommends that the Board of Commissioners approve of the selection of Arthur J. Gallagher Risk Management Services, Inc. and Employers Mutual, Inc. as the first and second ranked firms, respectively. Staff further recommends that the Board authorize staff to seek insurance proposals from these two brokers. Once these proposals have been received, staff will report the results to the Board, along with a recommendation for the submittal to be used for the May 1 policy inception date.

Attachments

Consultant's Recommendation Letter

Approved for Agenda:

seph A. Baird, County Administrator bruary I, 2011

Indian River County Approved Date

Administrator

Co~nty Attorney

Budget

Department

Risk Management () 1-.u,-

161

DATE:

TO:

FROM:

RE:

MEMORANDUM

January 26, 2011

Mr. Jason Brown, Director, Office of Management and Budget Indian River County Board of County Commissioners

George Erickson, ID, LLM, CPCU Siver Insurance Consultants

Competitive Remarketing of Property and Casualty Insurance Rationale for Selecting Two Agent/Brokers

Our purpose in providing this memorandum is to offer our opinions with respect to the most advantageous number of pre-qualified agent/brokers to be selected by the Indian River County Board of County Commissioners ("the County") to compete in a controlled insurance marketing process.

Please be aware that our comments and opinions are based upon our primary goal of achieving the best possible insurance program for the County at the most advantageous cost.

SUMMARY OF OPINION

To interject competitive forces into the procurement process, but not dilute the marketplace to the point that the County's insurance program suffers, our recommendation is for the County to select two agent/brokers from the list of short-listed agent/brokers to obtain quotes for the County's property and casualty insurance through a controlled marketing process.

We also recommend that the County not select three agent/brokers as the risk of negative impact to the County's insurance program would be too high.

BACKGROUND

As a result of RFQ No. 2011030 for Prequalification of Agent/Brokers, Self-Insurance Funds and Direct Writing Insurers for Property and Casualty Insurance ("the RFQ"), proposals were received from five different agent/brokers. From those five agent/brokers, three were short-listed and interviewed by the County.

Since the County wants to conduct a competitive marketing of its property and casualty insurance programs, it next must select either one, two or three of the short-listed agent/brokers to participate in the next phase of the process which is intended to be a controlled, competitive insurance marketing process.

Siver Insurance Consultants

162

Mr. Jason Brown January 26, 2011 Page 2

As a result of the controlled marketing process, the agent/broker that delivers the quote(s) for the best insurance program to the County should then be awarded a service agreement with the County.

DISCUSSION

For many types of property and casualty insurance (most particularly property insurance) in the state of Florida, there are only a limited number of insurance companies willing to provide coverage. Also, in many cases, particularly with respect to coverage for named windstorm property damage, the insurers that are willing to write the coverage are only willing to do so for a preset limited amount of coverage per insured (such as $5 million or $10 million).

It is also important to understand that the custom and practice of property and casualty insurance companies is to only release quotes to one agent/broker for any given insured. Typically, the insurance companies will choose either the agent/broker who approached them first on behalf of a given insured or they will honor the submission of an agent who has been specifically appointed by their client/insured to approach that insurer on that insured's behalf.

In addition, for named windstorm coverage in Florida, particularly for insured entities with high property values that are located in coastal locations, 1 it is typical for more than one, and often a large number, of insurers to be needed in order to provide the insured's desired amount of named windstorm coverage. For the County's 2010-2011 property insurance program, a total of five insurance companies were necessary to place the desired limit of coverage.2 Due to the capacity limitations of insurers with respect to their willingness to write named windstorm coverage for Florida coastal counties, it is our expectation that for the 2011-2012 year, at least as many insurers will be required to place the County's program.

Further, because the County wants to entertain a competing quote from an alternative agent/broker for property insurance, the challenger agent/broker will, in all likelihood, require at least the same number of additional insurers, and quite possibly even more insurers, to put together a viable quote with terms that are comparable to the incumbent program.

In the RFQ process, proposing agents were requested to submit a list of the insurance companies that they intended to use for placement of the County's various insurance coverages. With respect to the insurers submitted by the proposing agent/brokers which

1 Although it is likely that much of the County's property is located multiple miles from the Atlantic Ocean itself, from the standpoint of many insurance companies, the entirety of Indian River County would be considered a "coastal" location for the purposes of underwriting named windstorm insurance. 2 If you also take into consideration, ancillary property coverages such as Inland Marine, Boiler and Machinery and Terrorism insurance, the County actually required a total of eight insurers to place its complete 2010-2011 property insurance program. ·


163

Mr. Jason Brown January 26, 2011 Page 3

they were expecting to utilize for the County's property insurance, many of the same insurers were listed by all of the proposers.

As an additional consideration, without going into overwhelming technical detail regarding the process of marketing a multi-insurer, layered property insurance program, we must raise a concern we have about the impact of "Best Terms" upon the County's program if three agent/brokers are selected. Under the concept of "Best Terms," when more than one insurer provides a particular layer of property insurance coverage, if one insurer charges a higher rate for their participation in the program, the rate/premium of all participating insurers in that layers is automatically also increased accordingly. As a result, if the available markets were stretched among three agent/brokers it would become increasing likely that each agent/broker would need to utilized higher priced insurers to fill in their program, and as a result, the rates and premiums of the lower priced insurers would be increased to match that of the highest priced participant. This could have a significant negative impact on the pricing of the County's program.

For all practical purposes, entering into a competitive marketing process in which two agent/brokers are selected is not free from the risk of the overall insurance program purchased by the County being negatively impacted due to the spreading of preferred insurers among the two brokers. In this instance, in order to inject competitive forces into the process, our view is that this risk is worth taking in order to achieve the benefits of competition between two brokers.

However, in our opinion, expanding the competitive process to include three agent/brokers instead of two would greatly increase the risk of negative impact upon the County's insurance programs due to overly diluted markets with limited capacity. At the same time, the incremental advantage of enhanced competition offered by three agent/brokers versus two is only nominal at best in our opinion.

SUMMARY AND CLOSING

For the reasons stated herein, to maximize the level of competition while minimizing any potential negative impact on the County's program, we recommend utilizing two agent/brokers to compete in the competitive remarketing.

We appreciate this opportunity to provide consulting services to the County. If you would like additional information or have any questions regarding any of the issues discussed herein, please do not hesitate to contact us.

cc: Beth Martin, Interim Risk Manager Kathy Gordon, Siver Insurance Consultants Kathy Doak, Siver Insurance Consultants


164

Date:

To:

From:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

BOARD MEMORANDUM

January 11, 2011

Joseph A. Baird, County Ad~n:_ato

W. Erik Olson, Director ofU~ervices

Prepared by: Michael C. Hotchkiss, P .E. Capital Project Manager 1fJ J/-L.R. Brown, P .E., Environmental Engineer -1" c"S Staffed by:

Subject: Direct Purchase of Materials for 3 MG Reuse Storage Tank & Pumping Facility & Deductive Change Order 1.:.ucP-3099 -

BACKGROUND AND ANALYSIS

On October 19, 20IO, the Board of County Commissioners approved Bid No. 20l0049 to Summit Construction Management, Inc. for the lump sum amount of $1,859,790.00 for the construction of a 3 MG reuse water storage tank and pumping facility. Approval for, direct purchase of material and equipment and approval for Deductive Change Order No. 1 is requested to benefit from the sales tax savings. Purchases conform to Rule 12A-1-094 of the Florida Administrative Code.

Initial direct purchase items are estimated to be $523,951.00 and the resultant tax saving is estimated at $31,465.12. This will decrease the contract amount by $555,416.12 bringing the contract price to $1,304,373.88.

RECOMMENDATION

Staff recommends that the Board approve the direct purchase of equipment and material and, authorize the Chairman to execute Change Order No. 1.

FUNDING

Funding for the revised budget amount in the amount of $1,828,324.88 to Summit Construction Management, Inc. will be derived from the capital fund. Capital fund revenues are generated from impact fees.

ATTACHMENT(S)

1. ChangeOrderNo. l

APPROVED FOR AGENDA:

Joseph A. Baird aunty Administrator

FORif¥/ ate

4 72-169000-08513

Indian River Countv A Admin Le!!al '"'

Bud!!et I Dent \ ,"I,

Deot

$1,828,324.88

roved 1ate ) I, '7/// -• (.~ • 11 ~A'( f ?I '" 1....-

- , ' "'; \.l

V '

165

CHANGE ORDER No.!

PROJECT: Indian River County Water Reuse Storage Tank

DA TE OF ISSUANCE: 1/04/2011 EFFECTIVE DA TE: 1/04/2011

OWNER: Indian River County, 1800 2i• Street, Vero Beach, FL 32960 OWNER's Contract No.: 20 I 0049 Engineer Project No.: CONTRACTOR: Summit Construction Mgt. Inc. ENGINEER: Mastellar & Moler, Inc.

You are directed to make the following changes in the Contract Documents: Description: Deduct Owner Direct Purchase Order items Reason for Change Order: Owner to purchase items directly to take advantage of sales tax exemption Attachments: Owner Direct Purchase Order Items listing

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME

Original Contract Price Original Contract Times $1,859,790.00 Substantial Completion: (300) calendar days

Ready for Final payment: (335) calendar days

Net changes from previous Change Orders Net change from previous Change Orders No. to No. No. to No. - - - --$0.00 0 days Contract Price prior to this Change Order Contract Time prior to this Change Order

$1,859,790.00 Substantial Completion: (300) calendar days Ready for Final payment: (335) calendar days

Net Increase (decrease) in this Change Order Net increase in this Change Order

$(555,416.12) 0 days

Contract Price with all approved Change Orders Contract time with all approved Change Orders

$1,304,373.88 Substantial Completion: (300) calendar days Ready for Final payment: (335) calendar days

RECOMMENDED: APPROVED: ACCEPTED:

By:/C~ By .. ·_-------- By:(.,.__ ::c ~ Engineer (Authorized signature) Owner (Authorized signature) Contractor(Authorized signature)

EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America.

166

Summit Construction Management, Inc. 2837 Flight Safety Drive, Vero Beach, FL 32960

NUMBER:

PROJECT:

OWNER: ATTN:

O.D.P. TRANSMITTAL

02 DATE: 01/04/2011

Indian River Co. Water Reuse Storage Tank

Indian River County Larry Brown

Owner Direct Purchase Order Request

CGC058845

Please issue Owner Direct Purchase order to Tarmac per the attached Purchase Order and Quotation.

Cost & sales tax summary PO Amount Sales tax amount PO with sales tax

$85,202.00 S 5162.12 $90,364.12

**Our contract with the County will be decreased by deductive change order in the amount of the purchase including sales tax**

WE ARE ENCLOSING THE FOLLOWING:

1. Quotation dated January 3, 2011 from Tarmac

Phone(772)794-2099 www.summitcm.net Fax (772) 794-2097

167

(Indian River County Letterhead)

PURCHASE ORDER

VENDOR: Tarmac SIDP TO: C/O Summit Construction Mgt.

DATE:

• Item#

801 US Highway 1 North Palm Beach, FL 33408 Phone 561-904-7007 Matthew Davitt

January 4, 2011

Descrintion

I Furnish & deliver concrete readv mix materials oer attached auotation dated Januarv 3, 2011.

2 Freiaht /no sales tax on freiahtl is included

P.O.#

Otv

I

I

IRC Biosolids Facility 1325 74thAve. SW Vero Beach, FL 32968

1

Unit Price Extended Price

85,202.00

0.00

(All of above per attached proposal, Sales Tax not included) TOTAL PURCHASE ORDER AMOUNT

Vendor Authorized Signature & Date Indian River County

85,202.00

0.00

$85,202.00

168

Tarmac 7

January 3, 2011

To: Indian River County c/o Summit Construction Mgmt

A Titan America Business

801 U.S. Highway 1 North Palm Beach, FL 33408 (561) 904-7007 Fax (561) 904-7017 www.tltanamerlca.com

Below is an estimate on the cost of the ready mix concrete materials to be used on the following project.

Indian River County Reuse Water Storage Tank 77th St Vero Beach, Fl, 32960

This document is strictly for purchase order issuance and is based on the unit costs, delivery costs, and quantities to be ordered. Variances to quantities ordered have the potential to change this estimated total amount.

Concrete8stimated total: $85202.00

+o--1: UJ 0l D

~

f 0 {o

169

S um.mit Construction Management, Inc. 2837 Flight Safety Drive, Vero Beach, FL 32960

NUMBER:

PROJECT:

OWNER: ATTN:

O.D.P. TRANSMITTAL

01 DATE: 11/29/2010

Indian River Co. Water Reuse Storage Tank

Indian River County Larry Brown

Owner Direct Purchase Order Request

CGC058845

Please issue Owner Direct Purchase order to Engineered Fluid, Inc. per the attached Purchase Order and Quotation.

Cost & sales tax summary PO Amount Sales tax amount PO with sales tax

$ 438,749.00 $ 26,303.00 $465,052.00

**Our contract with the County will be decreased by deductive change order in the amount of the purchase including sales tax**

WE ARE ENCLOSING THE FOLLOWING:

1. Quotation dated September 22, 2010, proposal no. 9951-1 from EFI

Phone (772) 794-2099 www.summitcm.net Fax (772) 794-2097

170

(Indian River County Letterhead)

PURCHASE ORDER

VENDOR: EFI - Florida South SHIP TO: C/O Summit Construction Mgt. 1453 Wren Court IRC Biosolids Facility Punta Gorda, FL 33950 1325 74th Ave. SW Phone 941-505-6199, Bill Beston Vero Beach, FL 32968

DATE: November 29, 2010 P.O.# 1

• Item# Descriotion utv Unit Price Extended Price

I Furnish & deliver one Factorv Built I 437.549.00 437,549.00 Watershed Booster Pumo Station comolete per the attached proposal no. 9951-1 dated September 22, 2010.

2 Freiaht (no sales tax on freiahtl I 1,200.00 1,200.00

(All of above per attached proposal, Sales Tax not included) TOTAL PURCHASE ORDER AMOUNT $438,749.00

Vendor Authorized Signature & Date Indian River County

171

ENGINEERED FLUID, INC. POST OFFICEBOX71!8• CENTRAUA, ILLINOIS62801 • 8111/S33-1851 • FAX818/S38-1'4$9

PROPOSALNUMBER: 9951~1

TO: ALL BIDDING CONTRACTORS

DATE: Septeml:)er 22, 2010

ENGINEER:

PROJECT:

Masteller & Moler, Inc. Vero Beach, Florida

Indian River County, Florida 3.0 MG Ground Reuse Water Storage Tank & Pumping Facilities

BASE BZD EQUIPMEN'l' PROPOSAL

BID I'fBM NO. 2 PACICAGED WA'fEl\ BOOSnl\ PUMPING STATION Furnish and deliver one (l) "Factory-Built" Water-Shed® Booster Pump Station complete including the following:

• Size 16" diameter main suction and discharge, Schedule 40, Steel piping with fusion bonded epoxy interior pipe coating and Hi-Build epoxy exterior coating;

• Three (3) Paco Model LC30957 horizontal end suction, centrifugal pumps, 60 HP, 3500 rpm, suitable for use with VFDs, each rated 850 GPM@ 195' TOH;

• One (l) Paco Model LC15955 horizontal end suction, centrifugal pumps, 25 HP, 3500 rpm, standard efficient motors, rated 250 GPM@ 195' TDH;

• Provisions provided for future 125 HP pumps as shown on plan sheet; • One (l) size 16" M&H Model 4068-02 outside screw and yoke gate valve; • Four (4) size 12" M&H Model 4068-02 outside screw and yoke gate valves; • One (l) size 10" M&H Model 4068-02 outside screw and yoke gate valve; • Six (6) size 8" M&H Model 4068-02 outside screw and yoke gate valves; • Two (2) size 4" M&H Model 4068-02 outside screw and yoke gate valves; • Three (3) size 8" Val-Matic l408A-BN check valves; • One (1) size 4" Val-Matic 1404A-BN check valve; • One (l) size 4" Cla-Val Model 90G-01BCDSYKC pressure reducing valve; • One (l) size 10" Neptune Model HP turbine meter with strainer and Tricon

E 4-20 signal; • One (1) size 2-1/2" meter test port; • One ( 1) size l" Val-Matic Model 15A. 3 air release valve; • One (1) size 1" Hammond Model 8901 ball valve; • Three (3) size 2" Hammond Model 8901 ball valves; • One (1) size 3/4" recirculation line which includes two (2) Hammond

Page 1 of 4 1 7 2

PROPOSAL NO, 9951-1 SEPTEMBER 22, 2010

Model 8901 ball valves, one (1) Griswold Model 3528FA flow control valve and one (1) ASCO Model 8210G003 solenoid valve;

• Two (2) 211 gallon Wessels Model FXA-800L hydro-pneumatic tanks rated 125 psi;

• UL listed, 480 volt, 3 wire, 3 phase distribution panel which includes the following:

o One (l) 800 amp main breaker, o Two (2) 225 amp pump motor breakers, o One (1) 200 amp generator breaker, o Three (3) 125 amp pump motor breakers, o One (1) 70 amp pump motor breaker, o Two (2) 30 amp HVAC breakers, o One (1) 15 amp phase monitor breaker, o One (1) 30 amp surge arrester breaker, o One (1) 30 amp primary transfo:cmer breaker;

• One (1) control panel which include a phase monitor, surge arrester and auxiliary breakers;

• Three (3) 60 HP VFDs without bypass contactors; • One (1) 25 HP Square "D" across-the-line starter; • One (1) Allen Bradley SLC 5/05 PLC with Panelview Plus Compact 1000; • Two (2) Foxboro Model IGPlO pressure transmitters; • Interface panel; • One (1) lOKVA transformer; • One (1) Cutler Hammer manual transfer switch; • One (1) Crouse Hinds generator receptacle; • Four (4) 15 amp GFCI receptacles; • Two (2) 20 amp GFCI receptacles; • One {i) exterior light; • Six (6) fluorescent lamps; • One (1) dehumidifier; • Two (2) 4-ton HVAC unit; • Two (2) Ashcroft Model 1279XLL pressure gauges; • All assembled, tested and painted within a modular building size 41'-0"

long x 14'-0" wide x ll'-0" inside height mounted on an aluminum skid structure, 140 mph wind load, 30 psf snow load and including:

o Aggregate fiberglass resin exterior finish with UV gelcoat; o 2:12 pitch metal hip roof with 6" overhang; o One .(1) 6' steel double door; o One (1) 2,000 lb chain hoist and trolley.

CIJUu:l'ICATION/EXCBJ?TIONS:

• Allen Bradley SLC 5/05 processor has been included to accommodate future fiber connections as noted on plan sheet.

This proposal does not include preparatory job-site work, off-loading, nor installation of the station or any external equipment.

Page 2 of 4 173

PROPOSAL NO, 9951-1 SEPTEMBER 22, 2010

Generator receptacle will be shipped loose for shipping and reinstalled in the field by EFI personnel.

This proposal does not include telemetry.

This proposal includes anchor clips. Anchor bolts and nuts are NOT included.

The sale price includes complete engineering submittals, operation and maintenance manuals with parts lists and factory field start-up service with instructions.

This price is firm if order is placed within 60 days from date of proposal and providing release to fabricate and ship "when ready" is given with.in 90 days. Terms with. appropriate bonding: Net 30 days, 1.5% per month late charge for past due accounts. Account must be current, including late charges, before start-up is performed or O&M manuals are provided.

For additional information contact our local representative:

Your Net Cost, with Full Freight PJ

EFI-FLORIDA - SOUTH 1453 WREN COURT PUNTA GORDA FL 33950 MR. BILL BESTON PHONE: 941-505-6199 FAX: 941-505-6963

Weight: 60,000 Pounda·Dellv111y. eeksAfterRacelptofApproval. . ,~ /l£51;, EF1 WILL SHIP THE EQUIPMENT TO THE JOB SITE WITHIN 7 TO 10 DAYS AFTER FABRICATION, ~.t~ J 2J)O *•.:<; CONDmONS Of SALE ACCOMPANYING THIS PROPOSAL ARE AN INTEGRAL PART Of THIS PROPOSAL $, l{j 1"1 '::)Y. '7 :ti;

ACCEPTANCE CON/mfUTES ACKNOWLEDGEMENT OF TERMS, -I Accepted, Contingent Upon Contract Award and Racelpt of Approval ) . , this day of 20 ENGINEERED FWID, INC. 'TC'-'f ,

{y 01,}·21ri, z '?.. 3 . /l/'o $ ~D

~~r ¼, 36 ~ I Name of Purehaser

BY, _ _,,=-------------------Name and TIiie

Page 3 of 4 174

.T f

CONDmONS OF SALE

ALL PROPOSALS ARE BASED ON,ANDALL PRODUCTS ARE SOLD ON THE FOLLOWING TERMS, CONDmONS AND PROCEDURES:

1. THIS PROPOSAL PRICE Is flm1 If Purchaser's order Is placed v.1thln thlrty(30)days from lhe dale of the proposal and provldlng release to fabricate and ahlp "when ready' Is given within ninety (80) days,

2. TERMS • Subject to approval of credit and ae apecllicaUy 8la1ed on this proposal. Tenns of payment with payment bond 818 8laled on face of propoaal. Tenne of payment on projects without a paymantbond Indemnifying ENGINEERED FLUID, INC. (REFERRED HEREINAFTER AS EFI) against loss mustwrranqed aHhe tima p(pfllargrlldll ba aa foQpws: 60% of sale price payable prior to p!l)0Ul'elll8ntofmatertal and balance due plforto shlpmenlAcoountmustbe current, lneludng late charges, before start-up Is performed orO&Mmanuala 818 provided. Engineered Fluid, lnc. lsan equipment manufaclurerand Is not nor I& to be considered a aub-conlractor, as such Engineered FlUld, lno. \\111 not take on lhe 00111radual raqulrements of the contractor when> they ara different from lha88 Conditions of Sale.

3. DELIVERY - The apparelus covered by this proposal and any parta lheraof shall be delivered to the Purchaser, f,o.b. Iha project slta, or nearest passabla road. Deliveries of the various units of this order may be made as complefed.

4. DEUIIERYTIME• The time of delive,y stated on this proposal Is Sallal's beat estimate and begins with the dale all Information naoosaarytofabricate properiy the apparatua ordered In Its final dealred Blata Is received by the Seller. While Sellerwlll diligently attempt to meet Ihle dale, It shall not be liable for any delay In shipment from any cauea whatsoever and Purchaser agrees not to make any such claim.

This equipment will ship lo the Job alta wllhln 7 lo 10 days alter fabrication Is complete. If EFI Is required lo hold finished equipment for longer than thirty (30) days, storage fees will be a8Se$9d atlhe rate of 1% of the 88le prica per month lo cover Insurance, trailer ren1al end maintenance of the station while It Is In storage. II ehall be the Pwchaear's responsibility lo notify EFI thirty (30) days prior to anllclpatad delivery If a delay In receipt of equipment Is anticipated.

5. TAXES - No fadera~ state or local or any applicable taxes that may be Imposed on this transaction have been Included In the prices quoted on the proposal lace. All appffcabla taxes ara to lie paid by the Purohaaer.

6. WARRANTY -ENGINEERED FLUID, INC. (EFl)warrants, lo the original user, each productofltsmanufaclurelobefreefrom defeclll lnrnatsrlal and workmanship forlhe period, whichever comes first. of twelve (12) mon1hs from the date of successful start-up, not lo exceed eighteen (18) months from the date of shipment ortwenty-four(24) months from notice of menufaclurercompletion, provided the product ls properiy installed, maintained and operated under normal conditions according lo the manufaeltlret'e Instructions.

The oblfgatlon of EFI under this warranty Is limited lo correctlonwlthoutchargeany part or parts thereof which shall upon examination disclose to the manufaolurel's 88tlsfacllon lo have been originally defective. Corracllon of such defecls by repair or replacemant shell conslitllte fulfillment of all obligations by EFI. EFI shall not be llabla for loss, damage or e,cpanse directly or lndlreclly from the usa of Its produolS or from any other cause.

Any producls, components or perts not purchased by EFI are excluded from this warranty. No stsrt-up services on lheee componenls818 Included In this proposal. Expenses Incurred by EFI attributable lo the missppllcatlon ormalfuncllon of components not supplied by EFl will be the responalblllty Of tile Purchaser.

This warranty Is conditional and does not apply lo any of the following Items:

C)

Items that must be replaced because of nonnal ussge such as pump seals, packing, grease, oil, light bulbs, etc. Items that have bean started up by person not authorized by EFI or that have bean altered or repaired out-side of the menufaclu181's factory, without writlan authorization from EFI. Products that are not started, checked and adju&led by an aulhOrlzed EFI technician within eighteen (18) months from the date of shipment uni-apeclal wrillan instNclions have been requested and reoelVed from EFI.

The product la subject to noexpreaead, Implied or statutory warranty olherlhan herein aet forth, and no agent representative ordlBlrlbutorof EFI hes any authority lo atlarthe tenns of this wananty.

7. START-UP - This proposal Includes one trip for factory start-up unless otherwise notad. It shall be the Purchaser's raaponslblllty to have all slle conditions (e.g., electrical lnalellallon, watar connecllori, eto.) prepared for the EFI technician In advanca. Subsequent trips 818 not lm:luded In lhe purchase prtca If start-up cannot be performed due to Inadequate preparation.

B. CANCEUATION - Purohaeer agrees to ralmburae lo EFI all costa Incurred and associated with cancellation of order. Chargaa\\111 lncluda, but not be limited lo, eicpenses related lo submlltal design and aaaembly, procurementof malerlal, raatocklng chargea, and shipping and handUng of material.

9. ACCEPTANCE-Acceptanca of this pll)l)OSIII whether by a IIBPBrala purch-order or by other means shall conatltute an acknOwledgmentof lhe quotation as written and an acceplance ofthetenneand conditions tharaof.Any poslllvewrltlan response to this propoaalehall be conslderad asan acceptance lheraof, unless such 198POns& shall 8lllte In bold type on 119 face lhatsuoh response Is a oounterolferorlhat this propoeal Is re]eoted. Acceptance of enytenns, provision oroondltlons In confllclv.llhlhoseatated herein shall be so 8lalad In~ by an offlcerof EFI. The acceptance of any goodl or 11'181dlandlse shipped to Purchaser as described herein shall constltllle an agreement by Iha Purchaeer lo all the terms and conditions hereof.

' 10. GOVERNING IAW - Thia transadfon ehall be governed by, Interpreted and anforced In accordance with lhe laws of the state of IIDnols.

11. DISPUTE RESOLUTION -Any and all lawsuits arielng outoflhe181ms and condlllons ofthlsagreementorconcemlng lhagoodeaold hereunderehBII be lnstltuled and lltlgated In the Cin:ult Court of the fourth Judicial Circuit, Marion County, IIHnols and In no other Allum unless Iha parties shall mutually agrae In writing to a dlffel8nt forum. Accordingly, the parilas lo this transacllon 811bmlt10 the Jurtedlcllon of the Circuit Court of the Fourth Judicial Circuit, Marion County, llllnolswllh reapectto any dispute ordlsagraemanthavlng to dowllh, or arising outot lhlscontractorlheparfonnance by either perty haRlunder.

12. COSTS AND ATTORNEY'S FEES-In the avant lhatPurchaeerehall fall lo oomplywllh any of the terms and conditions hereof, then PumhasershaO reimburse EFI foraU attorney's fees and courtoostswhlch may be paid, or incurred, by EFI In an alforl lo enfonle thetenns and conditions hereof or lo obtain damages on account of the brllach hereof by Purchaser.

Paqe 4 of 4 175

13A Office ef Attorney's Matters 02/01 /11

INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attorney

TO:

THROUGH:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissioners ,/';,,,.J?r' .

Alan S. Polackwich, Sr., County Attorney 0----William K. DeBraal, Deputy County Attorney 0~ January 24, 2011

Resolution of Necessity for the Laurel Homes parcel of property located on 66th Avenue south of 16th Street

I. INTRODUCTION

The following information is submitted for consideration by the Board of County Commissioners (BCC) in considerin~ the location of a stormwater retention pond associated with the construction of 66 h Avenue (hereinafter referred to as "Project"), in Indian River County.

The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the Resolution of Necessity for property acquisition associated with the construction of 66th Avenue south of State Road 60 (between 16th and 4th Street hereinafter referred to as "Project"), in Indian River County.

II. PROJECT PURPOSE AND CHRONOLOGY

The project consists of improving 66th Avenue from an unpaved dirt road to a paved two lane road with turn lanes and improved drainage from 16th Street south to 4th Street. Construction of the intersection of 66th Avenue and College Lane/16th Street was recently completed and has left turn lanes with a traffic signal. The project also includes improved roadway signing and pavement markings.

Laurel Homes, Inc. (Peter and Debb Robinson are officers in the corporation) own 20.80 acres of property that lie south of 16th Street on 66th Avenue. This irregularly shaped property contains no structures and improvements cons· · to contain cattle that

. Indian Rivff CQ. AQ{! v-ed Da ia

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Admln.

Legal

Budget

Dept Risk Mgr.

176

MEMORANDUM - ROW 66th Ave. Board of County Commissioners Page 2

occupy the site. The property is zoned A-1, agricultural, 1 unit per five acres. The 20.80 acre property consists of two separate parcels:

• The western most parcel, Tract 1, is 15.26 acres in size and roughly rectangular in shape.

• The eastern most parcel, Tract 4, is 5.54 acres in size and is triangle shaped.

Please see the aerial photo of the property attached as Exhibit A.

The proposed road way will split the parent properties. A 2.72 acre parcel (Parcel 16) of right-of-way is needed for road improvements and a 0.81 acre parcel (Parcel 16A) is needed for a stormwater retention pond. Parcel 16 will include a 25 foot temporary construction easement and Parcel 16A will include a 5 foot temporary construction easement. The remainder parcels will be 11.37 acres on the west side of 66th Avenue and 5.90 acres on the east side of 66th Avenue. The required "Notice to Owner'' information has been received by Laurel Homes. The Board reviewed the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take and approved the SCALE report on June 1, 2010.

The Laurel Homes property lies between the Indian River Farms Water Control District (IRFWCD) Main Relief Canal and Sub-lateral "A" Canal that abuts and runs parallel to 16th

Street. Because the property is situated between these two canals, a small retention pond is needed on the Laurel Homes property. Staff evaluated piping the runoff over one of the canals to another pond site in order to lessen the impact to the Laurel Homes parcel but found piping the runoff to be a more expensive and impractical alternative. After consultation with the property owners, the 0.81 acre pond site was selected and the Board approved the pond siting report on July 6, 2010.

The most recent appraisal establishes the value of the 3.53 acres of property to be taken at $742,100. The County's outside law firm of Policastro and Le Roux has been retained to represent the County in this suit.

A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of June 1, 2010.

Laurel Homes is represented by attorney Mark Leavitt of the law firm of Dean Meade in Orlando. Upon approval of this Resolution of Necessity, the County will file a lawsuit in eminent domain and attempt to negotiate a Stipulated Order of Take. If the Court approves the Stipulation of the parties, the County will deposit its appraised value into the Court Registry and take title to the property and Laurel Homes may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties will then attend a mediation conference in an attempt to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial

177


and the jury will determine the amount of compensation to be paid to Laurel Homes.

Acquisition of this parcel is important as it provides needed right-of-way and a pond site for the southern expansion of 66th Avenue. The attached Resolution of Necessity provides for the following:

• The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the

owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute

the lawsuit to Final Judgment

RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain.

The County needs this parcel to complete pond site acquisition for this section of 66th

Avenue between 16th and 4th Street. The engineering design, construction plans, right-ofway maps, legal descriptions and parcel sketches, for this section of 66th Avenue are nearing final completion.

FUNDING: Funding for this expenditure is budgeted and available from Optional Sales Tax/CIP/66th

Avenue-1ih Street to SR 60, Acct# 31521441-066120-06021. For Fiscal Year 2010/11, $2,600,000 has been budgeted for this project, with $21,606 being expended year to date.

Attachments: Aerial Photo Parcel sketches and legal descriptions of property to be taken Resolution of Necessity

178

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NDIAN RIVER COUNTY ADMINISTRATION BUILDING! •" /NO/AN RIVER COUNT. y D" SECTION SHEET

PARCEL 16-AERIAL EXHIBIT I ' 1801 27th STREET ~~ . . VERO BEACH, FL 3z96o :;~, ;;/ Oeparlmenf of .Pub/tc: Works r,4.PPRovEO BY:

(772) 567-aooo • ORI • £ngineenf1g Div,~/on D.S/LON

O.S/LO TOWNSHIP 33S RANGE 39£ 66TH AV£NU£ R/W ACOUISTION <t

a, r--

Laurel Homes Incorporated Property (Per o.R.B. 826, Page 1802)

Tract 1:

Tract 4:

Total Area:

664,804.72 Square Feet or 15.262 Acres



PARCEL 16 AND SURROUNDING PARCEL AREA SUMMARY

PARCEL 16:

Remainder West of Parcel 16 (Less T.C.E.):

Remainder East of Parcel 16 (Less T.C.E.):

Stormwater Management Area:

Temporary Construction Easement: West of Parcel 16 (to remain part of parent tract)

Temporary Construction Easement: East of Parcel 16 (to remain part of parent tract)

Temporary Construction Easement: Adjacent to Stormwater Management Area (to remain part of parent tract)

Total Area of Parent Tract (ORB 826, Pg 1802):

118,637.38 Square Feet or 2.724Acres








0 00 ..--

RESOLUTION 2011-_~

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RNER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND CONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT" DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS Indian River County experienced a significant period of growth over the past . several years; and

WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and

WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and

WHEREAS there .is a great need to relieve congestion on U.S. Highway I and other arterial north/south roadways within the transportation network in southern Indian River County by widening and constructing 66th A venue. ·

WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th Avenue as a major north/south arterial roadway.

WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 16, 16A, and temporary construction easements for Parcels 16 and 16A and more particularly described in Composite Exhibit "A" for the improvement and the construction of 66th A venue; and · '

WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows:

1 ------- ---·· -~------- -----····-----------~

181

RESOLUTION2011-

SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals.

SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and constructing 66th Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the population of Indian River County.

SECTION 3. The County Adniinistrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name,.by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. ·

SECTION 4. The Board of County Commissioners of Indian Rivet County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute .and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and . any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein.

SECTION 6. This resoluti.on shall take effect immediately upon its adoption.

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:

2

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

182

RESOLUTION 2011-. --

The Chairman thereupon declared the resolut,ion duly passed and adopted this 1st day ofFebruary, 2011.

Attest: J. K. Barton, Clerk

By ___________ _

Deputy Clerk

wilfutf i'!Z Soffici-

William K. DeBraal Deputy County Attorney

3

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By ____________ _

Bob Solari, Chairman

BCC Approved:

------ ------.. -··---·-------·--·-· ······- ----------

183

)PARCEL 16 LEGAL DESCRIPTION

;~~~s"i~~i~N$\~~~6o~D~6c!~0 ~J+ 1~~~5~; P;,1E

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~~u~\X-~R T lfLORIDA; SAID LANDS ALSO BEING DESCRIBED IN OFFICIAL RECORDS BOOK 826, PAGE 1802, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNlY, FLORIDA; i-l 13EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,(,

ioMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 7, THENCE RUN soo·24'07"W, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 148.21 FEET TO A POINT ON THE EASTERLY PROPERlY LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 826, PAGE 1802 AND THE SOUTHERLY RIGHT ~F WAY LINE OF THE LATERAL 'A' CANAL (A 130 FOOT WIDE RIGHT OF WAY PER THE AFORESAID INDIAN RIVER FARMS PLAT); THENCE DEPARTING THE EAST 4INE OF SAID SECTION 7 RUN N46.55'57"W, ALONG SAID EASTERLY PROPERlY LINE AND SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 38.08 FEET lfOR A POINT OF BEGINNING; THENCE CONTINUE N46·ss·srw A DISTANCE OF 70.74 FEET; THENCE RUN Noo•24'07"E, PARALLEL WITH THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 44.03 FEET TO A POINT ON THE NORTHERLY PROPERlY LINE OF THE AFORESAID LANDS AND THE SOUTH LINE OF THE LATERAL '111' CANAL (A 30 FOOT WIDE RIGHT OF WAY PER THE AFORESAID INDIAN RIVER FARMS PLAT); THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE RUN ~39·54•2o"w, ALONG SAID NORTHERLY PROPERlY LINE AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 102.98 FEET TO A POINT ON THE WESTERLY ~IGHT OF WAY LINE OF THE PROPOSED 66TH AVENUE (A 130 FOOT WIDE RIGHT OF WAY); THENCE DEPARTING SAID NORTHERLY PROPERlY LINE AND SAID i'OUTH RIGHT OF WAY LINE RUN s44·45'06"W A DISTANCE OF 35.26 FEET; THENCE RUN soo·24'07"W, ALONG SAID WESTERLY RIGHT OF WAY LINE BEING ~ARALLEL WITH THE EAST L.INE OF SAID SECTION 7, A DISTANCE OF 174.58 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EAST, HAVING A ~ADIUS OF 8670.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3"10'26", A DISTANCE OF 480.27 FEET TO THE

101NT OF TANGENCY; THENCE RUN S2.46'19"E A DISTANCE OF 245.94 FEET, TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE WEST, ~AVING A RADIUS OF 8530.00 FEET AND A CHORD BEARING OF s2•39'05"E; THENCE RUN ALONG THE ARC OF SAID CURVE TH~OUGH A CENTRAL ANGLE OF 90·14'27", A DISTANCE OF 35.85 FEET TO A POINT ON THE SOUTHERLY PROPERlY LINE OF THE AFORESAID LANDS AND THE NORTHERLY RIGHT OF WAY LINE

"' :g ii:

I

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I "' i;>F THE MAIN RELIEF CANAL (A 300 FOOT WIDE RIGHT OF WAY PER THE AFORESAID INDIAN RIVER FARM.S PLAT); THENCE DEPARTING SAID WESTERLY RIGHT OF ~

'/IAY LINE RUN N69.22'39"E, ALONG SAID SOUTHERLY PROPERlY LINE AND SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 136.65 FEET TO A POINT ON "' THE EASTERLY RIGHT OF WAY LINE OF SAID PROPOSED 66TH AVENUE; THENCE DEPARTING SAID SOUTHERLY PROPERlY LINE AND SAID NORTHERLY RIGHT OF V/AY LINE RUN N2"46'19"W, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 239.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE ~ EAST, HAVING A RADIUS OF 8540.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3"10'26", A DISTANCE OF 473.07 ~EET TO THE POINT TANGENCY; THENCE RUN Noo•24'Q7"E, PARALLEL WITH THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 108.02 FEET TO THE POINT

"' /

8 ©F BEGINNING. '

w

~ tE;END: 2.72 ACRES (118,638 SQUARE FEET), MORE OR LESS. <l.

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~B=CHORD BEARING P.S.M.=PROFESSIONAL tOR=CORNER SURVEYOR AND ~=ARC LENGTH MAPPER ©.R.B.=OFFICIAL RECORDS BOOK P.T.=POINT OF TANGENT ~.B.S.=PLAT BOOK St. LUCIE COUNTY R=RADIUS ~.C.=P0.1.NT OF, .. ,CU!WliilJURE SEC=SECTION ~.C.N,l'.,=ff)INT' OF; C RVATURE NON-TANGENT ~-1-.p .. :""P.• •"'.R.G,_li;\'1D~TllfK/flTIPN NUMBER T.C.E.=TEMPORARY ro:~P,RlN'P tiJa •B[GIN]:l~G · CONSTRUCTION

. .. ~-P$>\;',,:,P,ftl~;f'.@F1,\€9MME~EMENT ·.. EASEMENT :l;,.i;111i1;~6~;;f~1:::.":. ,:: . 6 =~~~I~AL OR DELTA

i1t.:':_·Wf;/~fj"y.•-or.<a 'Z'' op.per; il~ :responsible ch. arge ~cc-•· ?·,; :;!'~-'",·-'" 1fl . • {1,_

·.coi:a···· ,,··;/~ 1 . . :)} Z-'Z"',/0 ;, '·· ._ .. _ , .• ________ :• .,_. ----- -- .L

t 1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF 5<

THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. [cl 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM !:3-

TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. c, 3. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A mLE POLICY. THEREFORE ;e:

THERE MAY BE EASEMENTS, RESTRICTIONS, RESERVATIONS OR RIGHT OF WAYS NOT SHOWN HEREON, ffi BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. !;\!

4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR PETER c3 ROBINSON, PREPARED BY CARTER ASSOCIATES, INCORPORATED, ON THE DATE OF MARCH 16, 1987. iii

5. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 7, TOWNSHIP 33 SOUTH, <. RANGE 39 EAST, AS HAVING AN ASSUMED BEARING. OF soo•24'07"w. LL

SURVEYOR'S NOTES

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~ Date ·1pcfy1 •:' /yl:. ~I&~ \\fi'<S·.1\1.,. · -" S . florid if <"1,!egistrCJ:\_i,91J No:i.(G'":$.,,M. 6139 ~ l!ndian Riveli,A'ssi's'1:ant .. Qptiri'ty Surveyor NOT COMPLETE WITHOUT SHEET 2 OF 2. ~ t •. ,-.

NDI+ RIVER COUN1Y~ .•.. DMl·N·ISTRATION BUILDING® /Nl)/AN RIVER COUNTY 0a" $/LON SECTION. . ?. SKETCH AND DESCRIPTION OF 5

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4,-a, I v~~.J~~,~~~o -. • l)epart17;enl _of Pukl~c. Works APP;oveo BY, TOWNSHIP 33S 66

TH AVENVE R./W ACQVISITION / _ dio I (772) ss1-aooo . Engmeermg Ow1s1on /). SILON RANGE_. _ ,l,9£ V ' ....!IE 2 .i::::. I

i COMPOSITE EXHIBIT "A" - page 1

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REMAINDER (LYING WEST OF PARCEL 16

LESS PARCEL 1 BA) 11.37 ACRES

--7 GRAPHIC SCALE 2 AND . ~, I O 100 200 il

N'LY PROP LINE & ~" I I I :g S LINE OF LATERAL ~ · I 0:: 'A1' CANAL PER 1gl .

LAUREL HOMES INC P.I.D. No.

07-33-39-00001-0010-00001.0 (O.R.B. 826, PG. 1802)

P.B.S. 2, PG 25 ,...... I ~ ~ I (INFEET) ~

iil li5 1 inch = 200 ft. ~

~ i=<li : I. ;!;I '<

S44'45'06"E :S/!ii1 ; W'LY R/W LINE 7 A , ., ["' T.C.E 35.26' \;!

~ "66th AVENUE 0

~ "f

l __ __i

o E I - -- -- ~E ~

1 ~~ 3s .. 2·:i@~1_ifE ,J 'v--- 24!:l.94.

~=3"1Q 26 {BY SEPARATE ~ = _13.c:.~§?9,QQ~-- -~~,~~U_MENT~_:i_QQ~Z.4.'.9_7,''_vL . N. 89'54'20''W ~

--- L=4 ' 7 58 102.98'___ 15

.•'a~ 47hlP.o.c.- "'" ,,,,;;,i, ; V'..IJ'-.Cc;:' · NE COR OF · gi " :i:

. SEC 7-33-39 t'i ;., lo \~~~~~~~~~~=il~:t=:ic:::::::~~z==~ 1 6 . :c ~ :;;. ~ ----·~=.:;;zp;;,./ - - - ~ -:-i -- - - ~EE D.ETAIL 'B' '' J 815 IA~_'A_1_CANAL _ _ ~o_' _R/W)~

SEE DETAIL A 1~ ~ 1 Al L , lJ: / /S00'24'07' / t I)~ A' @

E'LY R/W LINE

\

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°& ~- N2.46'19"W ~ \-:: 239.92' W, "'-- __ \ __ --

t g

P.C.

\

\ E. LINE SEC. 7

\~· ~'G-\-:~_':_'~---tv~~

I 148.21' / Jill ~ 8 -~-~ LAUREL HOMES INC / / ~l PARCEL 16 1{

':i, P.I.D. No. • I I PROPOSED 66TH AVENUE s;: "' 08-33-39-00001-0040-00003.0 / /n,.,f ~~. / I ·111 /4 ~ 'f'l\l (0.R.B. 826, PG. 1802) /.t/4 "' c,"f' / :c P,O.B. .f,.;,;. ,:; ~~ 4, .. / I '801~~ ~ REMAINDER l' '1t-· ~ ;!; P.T. N00"24'07"E ~ "i c:r- / ~ .,.\ (LYING EAST OF / # ~ '<:of I! 108.D2' /<,'I, .;. §

PARCEL 16) / ~ 6 / / . 25' T.C.E. / .,.,. 15 I 5.91 ACRES~ ~<i) o/ E~-LI~~. f

~ ~ .. , / IVor • c1'\.~ ::;I

/ E'LY PROP LINE & TO S "-

~ ~~Yc.kii~i ~::RLATERAL THIS IS NOT A BOUNDARY SURVEY g P.B.s. 2, PG 25 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED 0

FOR INDIAN RIVER COUNlY ENGINEERING DEPARTMENT !;i! NOT COMPL£T£ WITHOUT SHEET 1 OF 2. 'ai

I

NOIA~ RWER COUNTY ADMINISTRATION BUILDING@~ IND/AN RIVER COUNTY 0'o." S/LON SECTION 7 SKETCH ANO DESCRIPTION OF l''J'./ v~~i,o si;~, ,~r~~~o -. • Deportnyenl. of Pt.1klic. Works APP;oVEo BY, TOWNSHIP 33S 66TH A VENUE R/W ACOU/SIT/ON / ~

(n2) 0,7-sooo • Engmeermg Otvlston D. SILON RANGE 39£ · c.,,

COMPOSITE EXHIBIT "A" - page 2

I

iARCEL 16 TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION lJHOSE PORTIONS OF TRACT l, SECTION 7 AND TRACT 4, SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT C)F THE LANDS OF THE INDIAN RIVER, FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF St. LUCIE COLINTY, ~LORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS ALSO BEING DESCRIBED IN OFFICIAL RECORDS BOOK 826, PAGE 1802, OF THE 9UBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 7, THENCE RUN S00'24'07"W, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 1148.21 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF SAID LANDS. DESCRIBED IN OFFICIAL RECORDS BOOK 826, PAGE 1802 AND THE ~OUTHERLY RIGHT OF WAY LINE OF THE LATERAL 'A' CANAL (A 130 FOOT WIDE RIGHT OF WAY PER THE .AFORESAID IND/AN RIVER FARMS PLAT); ljHENCE DEPARTING THE EAST LINE OF SAID SECTION 7 RUN N46"55'57"W, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LATERAL "A" CANAL, A g1sTANCE OF 4.08 FEET TO THE POINT OF BEGINNING. 'A'; THENCE CONTINUE N46"55'57"W, ALONG THE SAID SOUTH LINE OF THE LATERAL "A" CANAL, 1 DISTANCE OF 34.00 TO A POINT LYING ON THE PROPOSED EAST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE DEPARTING THE SOUTH fllGHT-OF-WAY LINE OF THE LATERAL "A" CANAL, RUN. S0"24'07"W, ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 108.03 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 8,540.00 FEET; THENCE RUN SOUTHERLY, 4LONG THE ARC OF THE SAID CURVE, THROUGH A CENTRAL ANGLE OF 3'10'26", AN ARC DISTANCE OF 473.08 FEET TO THE POINT OF TANGENCY; ljHENCE RUN S2"46'19"E A DISTANCE OF 239.92 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE MAIN RELIEF CANAL (300-FOOT fllGHT-OF-WAY PER AFOREMENTIONED INDIAN RIVER FARMS PLAT); THENCE RUN N69"22'39"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF THE MAIN RELIEF CANAL, A DISTANCE OF 1.73 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7; THENCE CONTINUE N69"22'39"E, ALONG THE NORTH YINE OF SAID MAIN RELIEF CANAL, A DISTANCE OF 24.5. 3 FEET; THENCE RUN N2"46'19"W A DISTANCE OF 231.87 FEET; TO THE POINT OF CURVATURE qF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 8,515.00 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3"10'26", A DISTANCE OF 471.69 FEET TO THE POINT OF TANGENCY; THENCE RUN N00"24'07"E A DISTANCE OF 84.98 FEET TO ~HE POINT OF BEGINNING 'A'.

!

llOGETHER WITH: '

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.er iriitte11:ionsible charge .... ,. ",

'j,;• . 7.,z..0.-O ~avid /M'. .·$i{8_rp;F;1:S(M:c:,.·· .• .·. Date ~lorida ~e\jist(p~jo!l sNo. P.S.M. 6139 lrd,an River Assistant County Surveyor

NOT COMPLETE WITHOUT ALL S!-IEETS 1 THROUGH 3 AS CREATED NDJAN RNER COUND' ADMINISTRATION BUILDING! /NO/AN RIVER COUNTY DRAWN BY, SHEET

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1840 25th STREET VERO BEACH, Fl 32960

(772) 567-8000 Oeporlmenl of Pub/le Works APf;_ovfr/':._N

., Engineering Division o. S/LON

SECTION 7&8 TOWNSHIP 33S RANGE 39£

SKETCH ANO 0£SCR/PTION OF

66TH AV£ 7£AIPOIIAIIY CONSTRUCT/ON £AS£Al£NT 1/.. 3 o-,j COMPOSITE EXHIBIT "A" - page 3

0, 0 I

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EXHIBIT \-- 1158.00' --7 " GRAPHIC SCALE ]

\ \ \

\ \ \

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0-t-'6:~ ,o~ ~ '"f\ :J ()

~ S'LY PROP LINE &

\ N'LY LINE OF MAlN RELIEF CANAL PER

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REMAINDER (18.09 ACRES)

LAUREL HOMES INC P.1.D. No.

07-33-39-00001-0010-00001.0 (O.R.B. 826, PG. 1802)

PROPOSED 25-FOOT TEMPORARY CONSTRUCTION EASEMENT

1~11 N'LY PROP LINE & o: s LINE OF lATERAL:lbl 'A1' CANAL PER · ~ I P.B.S. 2, PG 25 ~ i I

S44'57'09"E 49.73'

6 ::el! 11~1

0 100 200

I J j ( IN FEET )

1 inch = 200 ft.

N89'54'20'W 35.26'

P.0.8. 'B'

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.:NOD"24'07"E 174,5B'

N89"54'20"W 102.98' I

"' 'ARC£L 16 (BY SEP~ATE INSTRUMENT) a: N00'24'07"E, I P. 0. C. 66th AVENUE i;l ~ ~

oo: is· 66th AVENUE o:8 ~- E. LINE SEC. 7 \ TRACT 1 m" .

-~ \TRACT4~

_,,,,-' \ SEE DETAIL 'B'

0£1 Al L 'a• ~

PARCEL 16A

PARCEL 16 1~ PROPOSED °'

66TH AVENUE ~

a B 1A

1 • 4.o3

NE COR SEC 7-33-39 gJ "' :r: • • • "'7 c') • .;,. (NW COR SEC 8-33-39) is in lo

"'~"'""'7 6 "'"'"' ·~•,.,. ~ - / ~~ w

f---

8 5 LATERAL 'A1 CANAL (50' R/W) ~

J I~-- --- 0

SEEAlETAIL 'A' ~ 1

Al L , §: /500·24'07"W ~ Qt. A' 8

/ • / 0::: -148.21 / • , ~ g;

PROPOSED 25-FOOT 13_ p,",.,.,.. 16 ;)-TEMPORARY CONSTRUCTION nn1,1.&,. 0::

EASEMENT / ( ~ / 11 I PROPOSED 66TH AVENUE ~ lAUREL HOMES INC / .,,.,,.,. -~'If / I Ii I l:J

P.I.D. No. /4 r / C -G 08-33-39-00001-0040-00003.0 ~'\ c,/ • z

(O.R.B. 826, PG. 1802) /_.,",'o , ~ iil ~="""~~=.;., ffi

\

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/ / "~~- <,-\/ :sj- ~ . .::.'&M~~~ ~

~ ~":,Q/ w ~ o/ ;{

..J'" ~,-::;:, .. / ~ ~ ~

/ E'LY PROP LINE & TO SC ;;:

~ ~,AJ~1i ~~RlATERAL THIS IS NOT A BOUNDARY SURVEY g P.B.s. 2. PG 25 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED 0

FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT SJ NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 3 AS CREATED \1

\ \

NDIAJ'J RIVER COUNTY ADMINISTRATION BUILDING ~ IND/AN RIVER COUNTY DRAWN av, -~-~Deportn:enl of Pukllc, Works ,.,.';;0,1,f~N · £ngmeerlng D1v/s1on _ D. SILON

SECTION 7&8 TOWNSHIP 33S RANGE 39£

SHEU

00.

1840 25th STREET VERO BEACH, Fl 32960

(772) 567-8000

COMPOSITE EXHIBIT "A" - l!)\ill.~ 5

SKETCH ANO OESCR/PTION OF

66TH AV£ TEMPORARY CONSTRVCTION t:AS£M£NT 1/.. 3

PARCEL 16A LEGAL DESCRIPTION . A part of the N.E. 1/4 of Section 7, Township 33 South, Range 39 East, according to the last general plat of the !ands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, described as follows: , Commence at the intersection pf the East line of Section 7 and the North li~1e of the Main Relief Canal and run ~69'22'39"W, along the North line of the Main Relief Canal, a distance of 138.38 feet to the POINT OF BEGINNING. Then continue · S 69'22'39" W, along the North line of the Main Relief Canal, a distance of 211.33 feet to a point. Thence run

N 20'37'21" W a distance of 150.00 feet to a point. Thence run , N 69'22'39" E, parallel to and 150 feet North of the North line of the Main Canal, a distance of 259.71 feet ta p point on the westerly right of way line of the proposed 66th Avenue. Thence run • S 2"46'19" E a distance of 121.74 feet to the point of curvature of an 8530-foot radius curve, concave to the West, having a chord bearing and distance of S 2'39'05" E 35.87 feet. Thence run ~outheasterly, along the curve, through a central angle of 0'14'27", a distance of 35.87 feet to the POINT OF BEGINNING.

Containing 35,333.41 square feet, more or less, or 0.81 acres. Now lying in Indian River County, Florida.

L~GEND CB=jCHORD BEARING P.S.M.=PROFESSIONAL CO~=CORNER SURVEYOR AND L=ABC LENGTH MAPPER O.R.,B.=OFFICIAL RECORDS BOOK P.T.=POINT OF TANGENT P.B.~.=PLAT BOOK St ),UCIE COUNTY R=RADIUS P.C.1-POINT OF CµRVATURE!' ,.,·.. SEC=SECTlaN P.C.N.T.=POINl: · OF; CURYAWRE ''tlGJN-TANGENT P.l.d. =PARC,EL 1D;!NTiFICl\;fl~~,oo_MBER T.C.E.= TEMPORARY P.0.8.=PO. _1N_r·_oF· •. ~.-ril_~~.l~tl'-.;'e:_' . CONSTRUCTION P.o.~.=e.01NT 9i,;,:c~MllfE'~@t~E'NT . . EASEMENT

PRi=. f'R?P_,_~.~f ··.· . . ', '- •_.·. . ·, !::,_ =CENTRAL OR DELTA ' '"•Mfll) . . . . ' • • ANGLE C :R.[!fit~l'lllONn•:w· '1 '~ c:: :

S.i.$y~~~fj.,an~, ~.?.~r,e;- i~: ,¥~sf>_ g_:Dsible ch. arge ,Pfo1J/r,. ·. l ,IX f/Jr <·•S· ·''ti1' 7. ""0 All. ,,vi v,-.JV7\'.~'.'/ ;,·.,.:.;,\'.c·-~ • (., ... v I ~-[' t' . 'X. !-" :c.:.

Qar~d M:' Si_lo~ ''P;1.s'.M-: ., . Date

SURVEYOR'S NOTES 1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF

THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM

TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE

THERE MAY BE EASEMENTS, RESTRICTIONS, RESERVATIONS OR RIGHT OF WAYS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.

4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR PETER ROBINSON, PREPARED BY CARTER ASSOCIATES, INCORPORATED, ON THE DATE OF MARCH 16, 1987.

5. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS HAVING AN ASSUMED BEARING OF S00'24'07"W.

~ lqrida Reg1striiJt1pJ\TNo. P.S,M. 6139 lntjian River Assistant _county Surveyor NOT COMPLETE WITHOUT SHEET 2 OF 2.

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NDI~ RIV~~4~ou~hAD~i~'~AT10N·au1LDING@~ /NO/AN RIVER CO£:NTY "'";," ~OACH SECTION 7 SKETCH ANO DESCRIPTION OF ""= VERO BEACH, FL 3;950 - Oeporfmenf of Pub/Jc Works APPROVED BY, TOWNSHIP 33S I

(112) s61-sooo ' OR • Engineering Oivision . D. SILO# RANGE 39£ 66TH A VENUE R/W ACOU/S/T/ON ~ (.0

COMPOSITE EXHIBIT 11 11. 11 - page 6

120 0 60 120 240 10 -i\ ~- c !\~~

(1)

() ~ ~ 0. 8--~

~-~ ~ t j Zs GJ) '1J (0i--GRAPHIC SCALE< IN FEET )

C1

4-f-i I PROPOSED : \ POND AREA PROPOSED

p J~•/ I ~D

R=8530' 6=0'14'27" L=35.87' C.B.=52'39'05''£ C=35.87'

lri ~ -¾'1/'',V("\'l \ RIGHT OF W,'AY/_f 25' T.C.E. (BY SEPARAT Lit' 1 _ \J) .-; ,,.___, - - r1 INSTRUMENT) d) ~ '\-------------------------- _____________ ......, __ 0 ---(\ 96 I --------i • • 52-;-46'{9''E

l=J.0.8. N

. ;J O N_i 66TH - ~ \'.6·v' -:f_ Y'. ~ cP.

. a I'<) -

LAUREL HOMES INC 07-33-39-00001-0010-00001.0

(O.R.B. 826, Pg. 1802)

PARCEL 16 (BY SEPARATE INSTRUMENT

PROPOSED R/W LINE

g I

~ " @ g .. "' ~ >

= ~

;er.

C O - 3: (I)-~ ~ •- L O a:::_ ...J(l)CW f-,::

---.-=&- ~ w :g ---------- (f) ...J U O W b --------- _N O'.'. i'5 ------- -sl- f- f

~ (/) ~ a, . CX) ,.--,Z

C.D ~ :__,/ < -:a:. ------------------- ------ r~! ~/

!'!

-=~=o==c=-z-------,25' T.C.E. (BY SEPARATE 1 • • • INSTRUMENT) _

East Line Section 7 N 00"24'07" E

THIS IS NOT A BOUNDARY SURVEY I SKETCH TO ACCOMPANY LEGAL DESCRIPTION

-::/ .... ;:I?-' ,,«;-~ 0 ,.._s::;

~v__t'~ ✓ Gy

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0 '(I) +' 0

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PfEPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NOT COMPLETE WITHOUT SHEET 1 OF 2.

~ .. cl C:

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, vrno BEACH, FL 32960 ~ Deportment of Public Works APPROVED av, TOWNSHIP 33S 2 NDIA~ R1v~~4'i,ou~~hAD~~RATION BUILDING@) /ND/AN RIVER COf..;NTY 0

";_" ;OACH SECTION 7 SKETCH ANO DESCRIPTION OF '""'

i (772) s61-aooo_ _ • • Engineering Division D. SILON RANGE 39E 66TH A VENUE R/W ACQUISITION ~ 0

COMPOSITE EXHIBIT "A" - page 7

PARCEL 16A TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION A part of the N.E. 1 / 4 of Section 7, Township 33 South, Range 39 East, according to the lost general plot of the

lands of the Indian River Forms Company recorded in Plot Book 2, Page 25 of the Public Records of St. Lucie County, Florido, described as follows:

Commence at the intersection of the East line of Section 7 and the North line of the Main Relief Canal and run ~69"22'39"W, along the North line of the Main Relief Canal, a distance of 138.38 feet to a point. Thence -continue . S 69"22'39" W, along the North line of the Main Relief Canal, a distance of 211.33 feet the POINT OF BEGINNING.

Thence run N 20·37'21" W a distance of 150.00 feet to a point. Thence run N 69"22'39" E, parallel to and 150 feet North of the North line of the Main Relief Canal, a distance of 259.71 feet

to a point on the westerly right of way line of the proposed 66th Avenue. Thence run N 2"46'19" W a distance of 5.25 feet to a point. Thence run

! S 69"22'39" W, parallel to and 155' Northerly of the North line of the Main Relief Canal a distance of 266.33 feet to ~ point. Thence run

· S 20"37'21" E a distance of 155.00 feet to a point on the North line of the Main Relief Canal. Thence run .N69"22'39"E, along the North line of the Main Relief Canal, a distance of 5.00 feet to the POINT OF BEGINNING.

Containing 2,077.60 square feet, more or less, or 0.05 acres. Now lying in Indian River County, Florida.

LEPEND CB~CHORD BEARING P.S.M.=PROFESSIONAL CORFCORNER SURVEYOR AND L=ARC LENGTH . . .· MAPPER O.R.)3.=0FFICIAL RECORDS. ,.BOOK · P.T.=POINT OF TANGENT P.B.S.=PLAT BOOK St>·LUCIE, COUNTY R=RADIUS P.C.i,,POI_NJ,6F:/Q!!IR½\'J!~.~<!'o,,,, SEC=SECTION P.C.N.T."},P~ · Q~,q~YAJYRE:'!~,ON-TANGENT P.1.q.;;Pc_b~_L L,!)fi~l~ATibN_ A:J,P~BER T.C.E.=TEMPORARY P.O.Br~i.W~if;,.~t,fi~ti,!NN)~i;;~·,J •. ,;•;, CONSTRUCTION P.o:piie)loi/iii/'i01;1"dQ'Mi:'i~r1'dEt,J'Ei-Jr , · •; .. EASEMENT

' •'"··•·••w•••.,,, •. , . . ' ' '\ '•,\. • i\, .ll, =~ENTRAL OR DELTA . . \'<\. · · · ,; ANGLE -E~-~ , : :~~"--~- .. ·

, ,M'/if<p~t i~;;it~iporisible charge - ·,;,~•"cc~- ' :;W; .,,h\ ::: .;;· .•• > . . '7 ZO O a.

~".,/,..- ~ - i., - ,/.,-,,\:--' -'. -_-;;._.2·\i, ........ ' .. . - ... I

D ' 'd·· 'M., ·> s·1· 'h''' ;;,, ·s• M. ·•>. · .,.,zf"•; o t Ori.: ·,. . · . -_ I () -T • . __ ,-_·• · -.:;, -·-{,-.:/ .·--._': . 0 e Flqrida Regisfr9ti·p~~'No. ,PcS';fvff••6139 ln<jion River . Ass.istont Coµr\ty' Surveyor

p-

SURVEYOR'S NOTES 1. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF

THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON, 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM

TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G1·7-6, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH OF DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLIE POLICY. THEREFORE

THERE MAY BE EASEMENTS, ·RESTRICTIONS, RESERVATIONS OR RIGHT OF WAYS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.

4. THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR PETER ROBINSON, PREPARED BY CARTER ASSOCIATES, INCORPORATED, ON THE DATE OF MARCH 16, 1987.

5. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS HAVING AN ASSUMED BEARING OF S00'24'07"W.

NOT COMPLETE WITHOUT SHEET 2 OF 2.

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I RIVER-COUNTY APMINiiirRA11dN BUILPING@' " /NO/AN RIVER COUNTY DRAWN BY, SECTION 7 5,·v-c-ri-ru A .,'O n'£."C'r'D'l,'Pli"nw n'F 0 """ 1 1640 25th STREET. • 11 ~ ,, _, , f ,., b'" w .,. B. ROACH F\L.. vn m u, -'vJ'T, IV, v. f ' VERO BEACH, FL 32960 -!'(W,'1 vepanmen, o ru 11c r,OrKs APPROVED BY, TOWNSHIP 33S I (112) 567-6000 · • • Engineering Division . o. S/LON RANGE 39£ 66TH AV£ T£AIPO/i'Al1Y CONSTHUCTION EASEMENT ~

-) COMPOSITE EXHIBIT "A" - page 8 I

I, IV 10 ~ ~-\~--<: -~

120 0

-~

PARCEL 16A GRAPHIC

PROPOSED POND AREA POND AREA

~PROPOSED T.C.E.

66TH -g ,_

60 120

~ t SCALE C

240

I IN FEET )

C1 R-8530' 6=0'14'27" L=35.87'

LAUREL HOMES INC 07-33-39-00001-0010-00001.0

(O.R.B. 826, Pg. 1802)

.:=a G>' I/""'- ~ ';' " ~ 3 Q_

N

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PROPOSED °' ':_ ! ~ R /W LINE E 2 o ~

/ _J _,'£ C W I- <( -~ " w w ------ . ....,u" w ------ (/) _J O w / ---- N Cl ------------ " 0::: ~

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---(\ o_ PARCEL 16 (BY SEPARATE INSTRUMENT) (D w

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-.n-o--c -r,25' T.C.E. (BY SEPARATE 1 ' ' ' {c--_.,_

1

INSTRUMENT)

East Line Section 7 N 00"24'07" E

THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION

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ND'-"( Rl"';~.~DU~/D~~l~RATIDN BUILDING@~ . IND/AN RIVER COUNTY D";_N NOACH SECTION 7 SKETCH ANO 0£SCRIPT/ON OF s,2 i veRo BEACH, FL 32950 - Department of Pub/le Works APPROVE• BY, TOWNSHIP 33S . i (772) 567-8000. • • Engineering Division ... . 0. S/LON RANGE 39£ 66TH AV£ TENPOIIAIIY CONST/IL/CT/ON EASEMENT ~

r-.:,! COMPOSITE EXHIBIT "A" - page_9

!38 OJ/ice oj Attorney's Matters 02/ 01 I 11



MEMORANDUM

TO: :Board of County Commissioners ~

THROUGH: Alan S. Polackwich, Sr., County Attorney CJ--FROM: William K. DeBraal, Deputy County Attorney u}lt DATE:

RE:

January 26, 2011

Unconditional Offer to Purchase Needed Right-of-way and Pond Site from Laurel Homes parcel of property located on 66th Avenue south of 16th Street

Laurel Homes, Inc. (Peter and Debb Robinson are officers in the corporation) own a 20.80 acre parcel of property that lies south of 16th Street on 66th Avenue. This irregularly shaped property contains no structures. Improvements consist of fencing to contain cattle that occupy the site. The property is zoned A-1, agricultural, 1 unit per five acres. The 20.80 acre property consists of two separate parcels:

• The western most parcel, Tract 1, is 15.26 acres in size and roughly rectangular in shape.

• The eastern most parcel, Tract 4, is 5.54 acres in size and is triangle shaped.

Please see the aerial photo of the property attached as Exhibit A. These parcels abut the urban service boundary but lie just outside ·of it to the south. The County has water and sewer lines running along 16th Street. The property is bordered on the south by the main relief canal, to the east by a canal and Indian River State College property, to the west by five 1 and 2 acre undeveloped agricultural lots and to the north by 16th Street. The property to the north of the Laurel Homes parcel is zoned RM-6, residential multifamily up to 6 units per acre.

The proposed extension of 66th Avenue will split the parent properties. A 2.72 acre parcel (Parcel 16) of right-of-way is needed for road improvements and a 0.81 acre parcel (Parcel 16A) is needed for a stormwater retention pond. Parcel 16 will include a 25 foot temporary construction easement and Parcel 16A will include a 5 foot temporary construction easement. The remainder parcels will be 11.37 acres on the west side of 66th Avenue and

APPROVED FOR -- Ina., Riv<r C• A~prov~d Date Admln.

8.C.C. EETING -Legal

Budget

MEMORANDUM - ROW 66thAve. Board of County Commissioners Page 2

5.90 acres on the east side of 66th Avenue. The required "Notice to Owner" information has been received by Laurel Homes. The Board reviewed the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take and approved the SCALE report on June 1, 2010, and the pond citing report on July 7, 2010.

The most recent appraisal performed by the Spivey Group, Inc., Glen Spivey MAI, (Spivey) establishes the value of the 3.53 acres of property to be taken as follows:

Parcel 16 Right-of-Way Parcel Land Value (2.72 A) $217,600 Value of Improvements 1,900 Severance/Cost to cure 443.700

Total $663,200

Parcel 16 A Temporary Construction Easement Land Value (0.05 A) Value of Improvements Severance/Cost to Cure

Total

$700 100

_o $800

Parcel 16 A Pond Parcel Land Value (0.81 A) Value of Improvements Severance/Cost to Cure

Total

Parcel 16 Temporary Easement Land Value (0.93A) Value of Improvements Severance/Cost to Cure

Total

$64,800 1,000

0 $65,800

Construction

$11,800 500

0 $12,300

Acquisition of all four parcels needed comes to a total of $742,100. Previous appraisals valued the property much lower but did not assess any severance damages. In the most recent appraisal, Spivey considered the property's proximity to Indian River State College, the Indian River Mall, the zoning and future land use designation of adjoining property and concluded that the highest and best use of the property would be multi-family zoning. In appraising the value of the land, Spivey took into consideration the costs of applying for a future land use amendment and rezoning, the length of time involved and the chances of a successful outcome and established the value of the property at $80,000 per acre. He then studied the effect of the take to the remainder properties. In the before condition, the property consists of over 20 contiguous acres of land in a desirous location. In the after condition, the property is bifurcated by the road leaving the owner with less desirable acreages of 5.90 acres and 11.37 acres on opposite sides of the road. The bifurcation and loss of land resulted in damages of $443,200 or $21,307.70 per acre. The County's outside law firm of Policastro and LeRoux has been retained to represent the County in this suit.

Laurel Homes is represented by attorney Mark Leavitt of the law firm of Dean Meade in Orlando. Upon approval of this Resolution of Necessity, the County will file a lawsuit in eminent domain and attempt to negotiate a Stipulated Order of Take. The parties will then attend a mediation conference in an attempt to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to Laurel Homes.

194


The informal right-of-way committee met recently to discuss the appraisal report and the unconditional offer on the Laurel Homes property. Bob Keating, Community Development Director attended the meeting with Chris Mora, Peter O'Bryan, Chris Kafer, Mike Nixon, and myself.

RECOMMENDATION: Staff recommends that the Board approve making an unconditional offer to Laurel Homes in the amount of $742,100.

FUNDING: Funding for thi$ expenditure is budgeted and available from Optional Sales Tax/CIP/ROW/66th Avenue: 1zth Street to State Road 60, Account #31521441-066120-06021. For Fiscal Year 2010/11, $2,600,000 has been budgeted for this project, with $21,606 being expended year to date.

Attachments: Aerial Photo Parcel sketch and details of property to be taken

195

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. LESS PARCEL 16A) N'LY ?ROP UNE & A:"' i . S LINE OF tATERAl -. ~

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NOIAN RIVER COUNTY ADMINISTRATION BUILOINGI@' /NO/AN RIVER CO/,/NTY DRAWN '" SECTION . 7 1801 27th STREET "~ • lJ.S/LON

vcso BEACH, FL 32960 •,"Cli.',• lMporlment of Pub/": Works APPROVED BY: TOWNSHIP 33S (772) ••1-sooo • ~• • Englneering Olvislon O.S/LON RANGE 39£

PARCEL 16-A£R/Al £XHIBIT /'"t 66TH AVENUE R/W AC0U/STI0N .:.::-;,

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Laurel Homes Incorporated Property (Per O.R.B. s2s, Page 1so2J

Tract 1:

Tract 4:

Total Area:




PARCEL 16 AND SURROUNDING PARCEL AREA SUMMARY

PARCEL 16:

Remainder West of Parcel 16 (Less T.C.E.):

Remainder East of Parcel 16 (Less T.C.E.):

Stormwater Management Area:

Temporary Construction Easement: West of Parcel 16 (to remain part of parent tract)

Temporary Construction Easement: East of Parcel 16 (to remain part of parent tract)

Temporary Construction Easement Adjacent to Stormwater Management Area (to remain part of parent tract)

Tota,1 Area of Parent Tract (ORB 826, Pg 1802):









Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of2

Indian River County GIS

ParcelID OwnerName

33391000038000000000.2 ~gREL HOMES

33390600001016000002.0 ~gREL HOMES

31391800010000000035.0 ~gREL HOMES

31391800010000000002.0 ~gREL HOMES

31391800010000000001.0 ~gREL HOMES

http://www.ircpa.org/PrintMap.aspx

Property Address

9TH PL VERO BEACH, FL 32960

16TH ST VERO BEACH, FL 32966

l 09 BLUE HERON WAY SEBASTIAN, FL 32958

103 WOOD STORK WAY SEBASTIAN, FL 32958

101 WOOD STORK WAY SEBASTIAN, FL · 32958

1/25/2011198

13~ Attorney's Matters - B.C.C. 02.01.11

Office of



TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners /J Alan S. Polackwich, Sr., County Att~-...t.(. ._.....,------i

January 19, 2011

Fred Mensing Demand Delivered During January 18, 2011 Meeting

At the January 18, 2011 meeting, Fred Mensing delivered a settlement demand with a deadline of February 1, 2011. The County Attorney recommends no action on the demand, but has written this memo as a "placeholder" on the agenda, in case any Commissioner wishes to discuss the matter.

APPROVED FOR FEBRUARY 1, 2011 B.C.C. MEETING -ATTORNEY'S MATTERS

Ck~~~ COUN ATTORNEi

f.'V.lf0mey'lindd\GEN£RAL\B C C'-Agenda MomoMfensing (01.18.11 DemanJ).doc

Indian River Co.

Admin.

Co. Attv. Budget

Dept. Risk Mgr.

Approved Date

(\. 'IV'\ ! 1:17/j/ 7,1 4'L_-C- /•7--0-1\

I --- ---

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

199

Attorney's Matters - B.C.C. 02.01.l I

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K.. DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attorney

MEMORANDUM

TO: * FROM:

Board of County Commissioners /7 . . -:r(__/)v-,

Alan S. Polackwich, Sr., Coun~ey

DATE: Januaty 24, 2011

SUBJECT: Exchange of Dodgertown Properties with the City of Vero Beach

BACKGROUND

The proposed exchange transaction has been before the Board of County Commissioners on three prior occasions. On January 11, 2011, a majority of the board approved the transaction and directed staff to proceed toward final approval and closing.

The material terms of the transaction are:

• The County will transfer a 10.38 acre parcel ("Parking Property") to the City; • The City will transfer an 11.93 acre parcel ("Cloverleaf Property") to the County; • The existing Parking Lease Agreement will be terminated and replaced with a

new Parking License Agreement, which will allow the County to park on the Parking Property and two other City owned parcels, as long as the City does not need the property for an incompatible use;

• The City will certify that on-site patking meets all City parking codes and regulations;

Indian River Co. Aw,roved Date APPROVED FOR FEBRUARY 1, 2011 B.C.C. MEETING-ATTORNEY'S MATTERS Admin. {\iQ Ir-;) !I

Co. Atty. l• 'UI ·, C( Budget V IP\ ,iu. // Dept. -- I I ---

COUNTY ATTORNEY Risk Mgr. /L M•, ~ A,-•r-11

200

Board of County Commissioners January 24, 2011 Page Two

• The Parking Property will remain subject to a golf course, green space or park restriction;

• The Cloverleaf Property will be released from the existing golf course, green space or park restriction;

• The parties will exchange various easements, including an easement from the City to locate up to 33.33% of the new retention pond on the remaining City owned property; and

• The County will revise its documents with MiLB to include the Cloverleaf Property within the MiLB facility lease agreement, and MiLB and its guarantor will consent to the exchange transaction.

A public notice of the terms and conditions was published in the Press Journal on January 19 and 26, 2011, as required by section 125.37, Florida Statutes.

The next step in the process, if the Board is so inclined, is to (1) adopt a resolution approving the exchange and authorizing the Chairman to sign the Property Exchange Agreement, and (2) sign the Property Exchange Agreement. It is anticipated that the City Council will consider the same actions at its meeting on February 1, 2011.

The County's final obligation to close is subject to several conditions set forth in paragraph 10 of the agreement, including satisfactory title information and environmental assessment of the Cloverleaf Property, and the preparation of final transaction documents acceptable to the Board and staff. Title information and a phase I environmental assessment have been ordered and will be reviewed upon receipt. Thus the matter will come before the Board one more time before closing, for reports on the title information and environmental assessment, and for approval of final transaction documents.

RECOMMENDATION

The County Attorney recommends that the Board consider adoption of the attached resolution approving the transaction and authorizing the Chairman to sign the Property Exchange Agreement.

ATTACHMENTS

1. Proposed Resolution Approving Property Exchange 2. Proposed Property Exchange Agreement

ASP:LAC

F:\Atwrnej'.JJnddlGENERADB C Cvtgond,, Memo,J\Dodgertuwtl &chMgo 03.dbc

201

RESOLUTION 2011-

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY APPROVING AN EXCHANGE OF REAL PROPERTY WITH THE CITY OF VERO BEACH, FLORIDA

WHEREAS, the City of Vero Beach, Florida ("City") is the owner of a certain parcel of real property located within the City which is more fully described on Exhibit A attached hereto ("Cloverleaf Property"); and

WHEREAS, Indian River County, Florida ("County") is the owner of a certain parcel of real property also located within the City which is more fully described on Exhibit B attached hereto ("Parking Property"); and

WHEREAS, in the opinion of the Board of County Commissioners, the Parking Property is not needed for County purposes and it is in the best interest of the County to exchange the Parking Property for the Cloverleaf Property; and

WHEREAS, the exchange transaction will enable the County to (i) combine the Cloverleaf Property with adjoining property already owned by the County, which property is leased to MiLB Vero Beach, LLC ("MiLB") and operated by MiLB as the Vero Beach Sports Village, and (ii) construct upon the Cloverleaf Property youth and softball dimension baseball fields, and related facilities, which will enhance the Vero Beach Sports Village and thereby benefit the people of Indian River County; and

WHEREAS, the terms and conditions of the proposed exchange transaction have been noticed in a newspaper of general circulation in Indian River County once a week for two consecutive weeks pursuant to section 125.37, Florida Statutes,

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

The Property Exchange Agreement between the County and the City, providing for the City to transfer the Cloverleaf Property to the County and the County to transfer the Parking Property to the City is hereby approved, and the Chairman is authorized to execute the agreement on behalf of the County. Upon satisfaction of all conditions set forth in the agreement, the Chairman is authorized to execute all documents necessary to effectuate the exchange. A copy of the agreement is attached hereto as Exhibit C.

F:\A110rney\Alan\Dodgenown ~umemslRESOlUTJON APPROVING EXCHANGE AGREEMENT.docx Page 1 of2

202

RESOLUTION 2011-

The foregoing resolution was moved for adoption by Commissioner _______ _ and seconded by Commissioner ____________ _

and upon being put to a vote, the vote as follows:

Chairman Bob Solari

Vice Chairman Gary C. Wheeler

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this __ day ofFebruary, 2011.

ATTEST: Jeffrey K. Barton Clerk of Court

By: -----------Deputy Clerk

F:\A11orney\AlanlDodger1ow11 Dt,cuments\JIESOLUTION APPROVING EXCHANGE AGREEMENT.doc;,;

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By: ----------------Bob Solari, Chairman

Approved as to form and legal sufficiency.

By: CP-..J. ~ Alan S. Polackwich, Sr., County Attorney

Page2of2

203

EXHIBIT "A" PROPERTY DESCRIPTION

Property Description Dodgertown (#2010-20)

November 8, 2010

PORTIONS OF DODGERTOWN AND DODGERTOWN PARCEL 3-A

Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: ·

Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East;

Thence South 00°00'47" West along the West line of said Section 3 for a distance of 887.01 feet;

Thence South 89°45'39" East for a distance of 50.00 feet to a point on the East right-of-way of 43rd

Avenue said point also being the Northwest corner of Dodgertown Parcel 3A as described in Official Record Book 1961, Page 968 of the Public Records of Indian River County, Florida;

Thence South 89°45'39" East along the North line of said Parcel 3A for a distance of 345.39 feet;

Thence South 00°14'21" West for a distance of 85.00 to a point on the North line of saicl Parcel 3A;

Thence continue South 89°45'39" East along the North line of said Parcel 3A for a distance of 437.69 feet to the Point of Beginning;

Thence from the Point of Beginning continue South 89'45'39" East- alorrg the North line of said Parcel 3A for a distance of 468.25 feet to the Northeast corner of Parcel 3A;

Thence South 63'53'04" East for a distance of 326.67 feet to a point on the East line of Dodgertown Parcel 3A;

Thence South 18°15'41" East along said East line of Parcel 3A for a distance of 386.49 feet to the Southeast corner of said Parcel 3A;

Thence South 69'22'53" West for a distance of 898.97 feet;

Thence North 02°50'58" West for a distance of 830.37 feet to the Point of Beginning;

Said Parcel containing 519,743 square feet or 11.93 acres. -

Said parcel shall be subject to stormwater easements for the 43"' -Avenue and Aviation Boulevard improvement projects as required. , ,_,,, ~- ·• ~• 4 ........ ,;. ,,f""'

- . ,/2/lA-'/~~ ... , ~.•7-.. . c-·'---'" c~/ .. ~ "' tc. ,,-. ... 0..( ....

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S:\Property Oescnp!ionsl2010\2010-20_Dodgertown Portions & 3A_Nov 8 2010.doc •••,:·~;,~~~\~~~>••/ ~ P,0111w••••

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204

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Rl!Olll1~UNS"~ll'-~ W - - - - ;ii:f[ -.. :::_;..~:; ---- ;u;,~;;c - - - -:- - j-·-~-=~·~~- :,-;~-:--:: __ . --- ---( ---i--~~:r-~~~ POINT Of COMMENCEMENT_) i NW CCf!Nffi XCTlCt-1 0l-3J-J9 i l

, w I j ~ ' : ~ j ! ~ •1' 32-39-26-000\1-023(1..{)0001.3

j "" 1 OOOGERTOWN PARCEL 1•A l~i, ~~ Q.R_"'"'·"''" -· , I . •• j t f arr~ ~o BEACH jl~ b a: pr-,: 0 "' 0 "' V,

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S89"45'39"E 345.39

S00'14'21 "W 85.00

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32-39-211-00011•0230-00001.2

OODGERTOWN PARCEL2-A

D.R. BK 17511, PG 523

INOI~ Rl'ml COUNTY

COUNTY TO CITY

10.38 ACRES

SB9"45'39"E

437.69

POINT OF BEGINNING

i I : j i:i i

32-39-26'00011-0~30-00001.1

OODGl::RTOWN f'ARCEL a.A

'o.R. BK 1961. PG 966

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SUBJECT PARCEL -----1

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THIS SKETCH IS NOT A SURVEY

HOLMAN STADIUM

J2-39-26-0D011-D230-0D001.0

OOOGERTOWN PARCEL 1-C

O,R. Bit 1426, PG 55S

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CITY OF VERO BEACH SKETCH OF PROPERTY DE:SCRIPTION

DODGERTOWN

PRACTICE FIELDS

-·· _.....-:··----EXHIBIT "A"

CITY PROJECT NO. j ORIIN.BY

2010-20

I SCALE 1 """' 300'

'"' DEPARTMENT OF PUBLIC WORKS

SURVEY DIVISION

11. 93 ACRE PARCEL-DEED CITY TO. COUNTY

SECTION 03-33-39 DATE I DRl'ttl e. v_ l CHKO BY · jOEScm1>11im 12/2010_1_ Q_G LM15F·

EXHIBIT "8" PROPERTY DESCRIPTION


November B, 201 O

PORTIONS OF DODGERTOWN AND DODGERTOWN PARCEL 2-A & 1-C

Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows:



Thence South 89° 45'39" East and parallel with the north line of said Section 3 for a distance of 75.00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3;

Thence continue South 89°45'39" East along sajd South right-of-way for a distaRce of 288.78 feet to the Northwest corner of Dodgertown Parcel 2A {also known as "A Portion of Dodgertown Parcel 2") in Official Recor.d Book 1758, Page 523 of the Public Records of Indian River County, Florida), said point also being the Point of Beginning;

Thence from the Point of Beginning continue South 89°45'39" East along said South right-of-way for a distance of 506.21 feet;


Thence South 00'14'21" West for a distance of 360.85 feet to a point on the South line of Dodgertown Parcel 2A;

Thence North 89°45'39" West along said South line of Parcel 2A for a distance of 437.69 feet to the Southwest corner of said Parcel 2A;

Thence North 00°14'21" East for a distance of 85.00 feet;

Thence North 89°45'39" West for a distance of 35.00 feet;

Thence North 00'14'21" East along the West line of said Parcel 2A for a distance of 857.00 feet to the Point of Beginning;

Said Parcel containing 452,042 square feet or 10.38 acres.

Said parcel shall be subject to stormwater easements for the 43'd Avenue and Aviation Boulevard improvement projects as required.

S:\Property Descriptions\2010\2010~20_Dodgertown Portions & 2A_Nov 8 2010.doc

Sheet 1 of 2

206

I I

--- - - -- - - l,,..l__,,.-L __ -

PARCEL20

- -----r ~ soo·oo.'47"W ..l..SOU!!j_SECT!£!! UNUJ-J2-J9 j ~ 30,QQ'

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in NORTH SECTION LINE 04-33-J9 -~ ,---------.

POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39

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288.78' k 7- ---5-06.21·

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PARCEL19

----·----------k SOUTH SECTION UNE 34-32-39

NORTH SECTION UNEOJ-Jj:39

/

I I~I <( I ' ~/ /1 ,

SCALE 1 "::: 200'

I !1 -143' -,, I

I 32-39-2&-00011-0230-00001.3 32-39-26-00011-0230-00001 2 j ~,N / / / - -

I DODGERTOWN PARCEL 1-A DODGERTOWN PARCEL 2-A ~ N / / / .co O.R. BK 1961, PG 956 /0.R. BK 1758, PG 52Yvl 8 <O

,-••· !" h/ en I ~. _N g I I CITY OF VERO BEACH I ~ /AN "/ COUNTY V

COUNTY TO CITY ✓ ✓ /

10.38ACRES

HOLMAN STADIUM

32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1-C

D.R. BK 1426, PG 555

INDIAN RI\IER COUNTY

SUBJECT PARCEL

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CITY OF VERO BEACH

DEPARTMENT OF PUBLIC WORKS

SURVEY DIVISION

32-39-26-00011-0230-00001.1

DODGERTOWN PARCEL 3-A

O.R. BK 1961, PG 968

CITY OF VERO BEACH

437:59'

CITY TO COUNTY 11.93 ACRES

SKETCH OF PROPERTY DESCRIPTION

10 . .38 ACRE PARCEL-DEED COUNTY TO CITY

PORTION Of SECTION 03-33-39

EXHIBIT "B"

1CtTY PROJECT NO.

2010-20 DATE I ORl'M BY \ CHKD 8Y (DESCRIPTION

12f2010I OG I MKF

·- -·,.

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EXHIBIT "C"

PROPERTY EXCHANGE AGREEMENT

TIDS AGREEMENT to exchange real property ("Agreement") is made and entered into as of the __ day of ______ -< 2011 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, I 801 27th Street, Vero Beach, Florida 32960 ("County") and the CITY OF VERO BEACH, a municipality of the State of Florida, 1053 20th

Place, Vero Beach, Florida 32960 ("City") as follows:

WHEREAS, in August 2001, the County purchased the property formerly known as Dodgertown, now known as the Vero Beach Sports Village, a: 6L75 acre site that was the former spring training location of the Los Angeles Dodgers ("Dodgertown"); and

WHEREAS, in June 2004, the County acquired a 9.13 acre parcel of property located to the west and south of Holman Stadium ("County Property"); and

WHEREAS, in November 2005, the City purchased two parcels of property that made up a portion of the old Dodgertown nine hole go.If course: a 30.87 acre tract lying at the northeast comer of 43rd Avenue and the Main Relief Canal together with a 6.13 acre parcel lying at the southe.ast comer of 43rd Avenue and 26th Street ("City Property"); and

WHEREAS, the parties have identified portions of the aforesaid properties which they desire to exchange: (a) ail 11.93 acre parcel in the southeast portion of the City Property, which parcel is more fully described on Exhibit A attached hereto ("Cloverleaf Property"), and (b) a 10.38 acre parcel consisting of 8.53 acres of the County Property and 1.85 acres of the Dodgertown property located immediately east and adjacent to the aforesaid 8.53 acres, which parcel is more fully described on Exhibit B attached hereto ("Parking Property"); and

WHEREAS, the County agrees to transfer the Parking Property to the City, and the City agrees to transfer the Cloverleaf Property to the County, subject to the terms and conditions set forth below; and

WHEREAS, the exchange is made by the County pursuant to section 125.37, Florida Statutes, and by the City pursuant to section 2-372 of the Code of Ordinances of the City of Vero Beach, and has been advertised by each party once a week for two consecutive weeks in the Vero Beach Press Journal,

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows:

1.

2. Agreement.

Recitals. The above recitations are true and correct and are incorporated herein.

Exhibits. All Exhibits attached to this Agreement are incorporated into the

208

3. Exchange of Properties. The County shall convey the Parking Property to the City by Special Warranty Deed, and the City shall convey the Cloverleaf Property to the County by Special Warranty Deed.

4. Deed Restrictions. The parties shall amend the Declaration of Covenants, Conditions, and Restrictions recorded at OR Book 1961, Page 978, Public Records of Indian River County, Florida ("Declaration") (all OR Book and Page references hereafter shall refer to the Public Records of Indian River County, Florida), to (i) remove the Cloverleaf Property from the Declaration, and (ii) include the Parking Property in the Declaration. Additionally, at the election of the County, either the parties shall amend the Collateral Development Agreement recorded at OR Book 1426, Page 596, to remove the Cloverleaf Property from the definition of "Adjacent Property" and include such property within the definition of "Baseball Facilities," or the County shall adopt a resolution or other unilateral document permitting the Cloverleaf Property to be used for a cloverleaf of youth or softball dimension baseball fields and related activities, or for any other purpose consistent with the definition of "Baseball Facilities"; provided, however, that nothing contained herein, or in the resolution or other unilateral document shall be interpreted to restrict in any way the County's right, as set forth in the Collateral Development Agreement, to permit any other use on the Cloverleaf Property.

5. Parking. The parties shall (a) terminate the Parking Property Lease Agreement recorded at OR Book 1961, Page 1004, and (b) enter into a Parking License Agreement with respect to the Parking Property and two other parcels of property owned by the City and located to the north of Dodgertown, consisting of a 3 .3 acre site north of 26th Street and north of Holman Stadium, and a 4.6 acre site north of 26th Street and east of Holman Stadium.

6. Parking Certification. The City shall certify to the County that parking in compliance with all City parking codes and regulations for maximum capacity events at Dodgertown exists onsite within the Dodgertown facility, including the areas historically used for parking, the four ( 4) baseball practice fields and two (2) half baseball practice fields, and other accessible, open areas suitable for parking within the facility.

7. Inter local Agreement. The parties shall amend the Interlocal Agreement recorded at OR Book 1353, Page 971 to make clear that neither the Cloverleaf Property nor the Parking Property shall be subject to such agreement.

8. Conveyance of Easements by the City. The City shall convey to the County (a) an easement for drainage of stormwater from 43 rd Avenue in its future expanded condition across the remaining City Property to the existing retention pond, (b) an easement for access and maintenance to the pump house, pumps, and pipes at the southwest corner of the City Property to the existing retention pond, and ( c) an easement to locate on the City Property adjoining the Cloverleaf Property up to 33.33% of the new retention pond to be constructed on the Cloverleaf Property ("New Retention Pond"), and thereafter to use the portion of the New Retention Pond located on the City Property (together with the portion located on the Cloverleaf Property) for drainage, ilTigation, stormwater retention and maintenance purposes related to the Dodgertown property and the Cloverleaf Property. The easements described above shall be drafted in such a manner, or shall be modified at the appropriate tilne, to apply to the New Retention Pond, after

209

such pond is constructed. To the extent that the easements described herein are not completed and executed at the time of closing, the requirement to execute and deliver such easements shall survive the closing.

9. Conveyance of Easements by the County. The County shall convey to the City (a) an easement to use the existing retention pond, including the related pump house and pump, for drainage, stormwater retention and irrigation purposes relating to those parcels that make up the remaining City Property and the Parking Property, and (b) an easement to use the existing retention pond, including the related pump house and pump, for drainage of stormwater from 26th Street in its future expanded condition. The easements described above shall be drafted in such a manner, or shall be modified at the appropriate time, to apply to the New Retention Pond (including the portion of such pond constructed on the Cloverleaf Property), after such pond is constructed. To the extent that the easements described herein are not completed and executed at the time of closing, the requirement to execute and deliver such easements shall survive the closing.

10, Conditions to Closing. The closing of the exchange shall be conditioned upon the occurrence of each and every of the following conditions:

a) The preparation of final transaction documents implementing the provisions of this agreement;

b) The execution and delivery by MiLB Vero Beach, LLC and National Association of Baseball Leagues, Inc. of a First Amendment to Facility Lease Agreement, a Consent and Waiver to certain of the final transaction documents, and a Termination of Parking Property Lease Agreement;

c) The execution and delivery by DT Commons, LLC of a Third Amendment to Collateral Development Agreement or, if acceptable to the County, the adoption of a Resolution by the County permitting the use of the Cloverleaf Property for purposes other than the "Permitted Use" as defined in the Collateral Development Agreement;

d) Title information and insurance reasonably acceptable to the recipient of each of the exchanged parcels, including no lien affidavits at closing. Such title information and insurance shall be at the sole cost of the party requesting such information and insurance;

e) Satisfactory environmental assessments, studies or analyses, as required by either party. Such assessments, studies or analyses shall be at the sole cost of the party requesting such items;

f) Other closing documents reasonably required by either party; g) Compliance by the County with section 125.37, Florida Statutes, "and by the City

with section 2-372 of the Code of Ordinances of the City ofVero Beach; h) All of the above shall be in form and substance acceptable to the City Council and

the County Commission, and their respective staffs.

11. Closing. Each party agrees to proceed with due diligence to close the transaction as soon as reasonably possible. Each party shall pay its own closing costs and recording fees.

210

12. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

IN WITNESS WHEREOF the County and the City has caused these presents to be executed in their names, the day and year first above written.

Attest: Jeffrey K. Barton, Clerk of Court

BY: ----------Deputy Clerk

Approved:

By: _________ _

Attest:

BY:

Joseph A. Baird County Administrator

----------Tammy K. Vock City Clerk

Council Approved:._~---

Approved as conforming to municipal policy:

By:. _________ _ Monte Falls Interim City Manager

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY; FLORIDA

BY: ________ _ Bob Solari,. Chairman

BCC Approved:. ______ _

Approved as to form and legal sufficiency

By: ----------Alan S. Polackwich, Sr. County Attorney

CITY OF VERO BEACH, ELORIDA

BY: ____ ~-----Jay Kramer, Mayor

Approved as to form and legal sufficiency:

By: ----------Charles Vitunac City Attorney

211


Property Description Oodgertown (#2010-20)

November 8, 2010





Thence South 89°45'39" East for a distance of 50.00 feetto a point on the East right-of-way of 43"' Avenue said point also being the Northwest corner of Dodgertown Parcel 3A as described in Official Record Book 1961, Page 968 of the Public Records of Indian River County, Florida;


Thence South 00°14'21" West for a distance of 85.00 to a point on the North line of said Parcel 3A;

Thence continue South 89°45'39" East along the North line of said Parcel 3A for a distance of 437.69 feet to the Point of Beginning;

Thence from the Point of Beginning continue South 89°45'39" East along the North line of said Parcel 3A for a distance of 468.25 feet to the Northeast corner of Parcel 3A;

Thence South 63°53'04" East for a distance of 326.67 feet to a point on the East line of Dodgertown Parcel 3A;

Thence South 18°15'41" East along said East line of Parcel 3A for a distance of 386.49 feet to the Southeast corner of said Parcel 3A;

Thence South 69°22'53" West for a distance of 898.97 feet;

Thence North 02°50'58" West for a distance of 830.37 feet to the Point of Beginning;


Said parcel shall be subject to stormwater easements for the 43"' ·Avenue and Aviation Boulevard improvement projects as required. ' ~ 't .... ~ .,,.

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i 3: i QTY Cf" 'JERO BE/\Oi

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S89"45'39"E 50.00

S89"45'39"E 345.39

S00"14'21"W 85.00

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J2-39-26-00011•0230-0CIO0T .2

OOOGERTOWN PARCEL2-A

O.R. BK 1758, PG 523

IHDIAN Rl'YER COOtHY

COUNTY TO Cl7Y 10.38 ACRES

S89"45'39"E

437.69

POINT OF BEGINNING

32-39-26'00011·0¥0-00001.1

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CITY OF VERO BEACH

HOLMAN STADIUM

32-39-26-doo, ,.oz;o-00001.0

DODGER TOWN f'AACEL 1-C O.R- 8K 1426, PG 555

DODGERTOWN

PRACTICE FIELDS

!-~""='"'~ I I I

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CITY PROJECT NO. I DRV.W,BY

2010-20

\ SCALE 1 "== 300'

, . ..,;..--·· om


SURVEY DIVISION

SKETCH OF PROPERTY DE:SCRIPTION

11.93 ACRE PARCEL-DEED CITY TO COUNTY

SECTION 03-33-39 DAn: _ I DRWN av I '"_KO-_• __ v IDESa11PnON 12L2010 0G_ -'-MKF,

l:XHIBIT "B" PROPERTY DESCRIP'f!ON


November 8, 2010


Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows:


Thence South 00'00'47" West along the West line of said Section 3 for a distance of 30.00 feet;

Thence South 89' 45'39" East and parallel with the north line of said Section 3 for a distance of 75.00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3;

. . . .

Thence continue South 89"45'39" East along said South right-of-way for a distance ot288.78 feet to the Northwest corner of Dodgertown Parcel 2A (also known as "A Portion of Dodgertown Parcel 2") in Official Recor.ct Book 1758, Page 523 of the Public Records of Indian River County, Florida), said point also being the Point of Beginning; ·

Thence from the Point of Beginning continue South 89"45'39" East along said South right-ofcway for a distance of 506.21 feet;

Thence South 3 '32'27" West for a distance of 582.12 feet;

Thence South 00'14'21" West for a distance of 360.85 feet to a point on the South line of Dodgertown Parcel 2A;

Thence North 89'45'39" West along said South line of Parcel 2A for a distance of 437.69 feet to the Southwest corner of said Parcel 2A;

Thence North 00'14'21" East for a distance of 85.00 feet;

Thence North 89'45'39" West for a distance of 35.00 feet;

Thence North 00'14'21" East along the West line of said Parcel 2A for a distance of 857.00 feet to the Point of Beginning;


Said parcel shall be subject to stormwater easements for the 43rd Avenue and Avi~!(?n Boulevard improvement projects as required.

S:\Property Descriptions\2010\2010-20_Dodgertown Portions & 2A_Nov 8 2010.doc ............

Sheet 1 of 2 214

PARCEL20

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288. 78"

S89'45'3f'E 75.00'

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506.21"

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Nonlli SEC~ trNEOJ-JMs

HOLMAN STADIUM

32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1-C

O.R. BK 1426, PG 555

INDIAN RIVER COUNTY

\ SCALE 1"== 200'

SUBJECT PARCEL

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CITY OF VERO BEACH


SURVEY DIVISION

32°39-26-00011-0230-00001.1

DODGER.TOWN PARCEL 3-A

C.R. BK 1961, PG 968

CiTY OF VERO BEACH

N_89'45'3~"W 437.69'

CITY TO COUNlY 11.93 ACRES


10.38 ACRE PARCEL-DEED COUNTY TO CITY


EXHIBIT "B"

'CITY PROJECT NO.

DA.TE . I "_"" •. y I CHKD BY IOESCRll>TION

1_2L2010 . DG MKF

I I

7 I

1-.! ·1~ I~ I~ 1:s I I I I I I I I

----J I I I

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PROPERTY EXCHANGE AGREEMENT

TIDS AGREEMENT to exchange real property ("Agreement"} is made and entered into as of the day of _____ ,----_, 2011 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 180 I 27th Street, Vero Beach, Florida 32960 ("County") and the CITY OF VERO BEACH, a municipality of the State of Florida, 1053 20th

Place, Vero Beach, Florida 32960 ("City") as follows:

WHEREAS, in August 2001, the County purchased the property formerly known as Dodgertown, now known as the Vero Beach Sports Village, a 61.75 acre site that was the former spring training location of the Los Angeles Dodgers ("Dodgertown"); and

WHEREAS, in June 2004, the County acquired a 9.13 acre parcel of property located to the west and south of Holman Stadium ("County Property"); and

WHEREAS, in November 2005, the City purchased two parcels of property that made up a portion of the old Dodgertown nine hole golf course: a 30.87 acre tract lying at the northeast comer of 43

rd Avenue and the Main Relief Canal together with a 6.13 acre parcel lying at the

southeast corner of 43rd Avenue and 26th Street ("City Property"); and

WHEREAS, the parties have identified portions of the aforesaid properties which they desire to exchange: (a) an 11.93 acre parcel in the southeast portion of the City Property, which parcel is more fully described on Exhibit A attached hereto ("Cloverleaf Property"), and (b) a 10.38 acre parcel consisting of 8.53 acres of the County Property and 1.85 acres of the Dodgertown property located immediately east and adjacent to the aforesaid 8.53 acres, which parcel is more fully described on Exhibit B attached hereto ("Parking Property"); and

WHEREAS, the County agrees to transfer the Parking Property to the City, and the City agrees to transfer the Cloverleaf Property to the County, subject to the terms and conditions set forth below; and

WHEREAS, the exchange is made by the County pursuant to section 125.37, Florida Statutes, and by the City pursuant to section 2-372 of the Code of Ordinances of the City of Vero Beach, and has been advertised by each party once a week for two consecutive weeks in the Vero Beach Press Journal,

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows:

I.

2. Agreement.

Recitals. The above recitations are true and correct and are incorporated herein.

Exhibits. All Exhibits attached to this Agreement are incorporated into the

216

3. Exchange of Properties. The County shall convey the Parking Property to the City by Special Warranty Deed, and the City shall convey the Cloverleaf Property to the County by Special Warranty Deed.

4. Deed Restrictions. The parties shall amend the Declaration of Covenants, Conditions, and Restrictions recorded at OR Book 1961, Page 978, Public Records of Indian River County, Florida ("Declaration") (all OR Book and Page references hereafter shall refer to the Public Records of Indian River County, Florida), to (i) remove the Cloverleaf Property from the Declaration, and (ii) include the Parking Property in the Declaration. Additionally, at the election of the County, either the parties shall amend the Collateral Development Agreement recorded at OR Book 1426, Page 596, to remove the Cloverleaf Property from the definition of "Adjacent Property" and include such property within the definition of "Baseball Facilities," or the County shall adopt a resolution or other unilateral document permitting the Cloverleaf Property to be used for a cloverleaf of youth or softball dimension baseball fields and related activities, or for any other purpose consistent with the definition . of "Baseball Facilities"; provided, however, that nothing contained herein, or in the resolution or other unilateral document shall be interpreted to restrict in any way the County's right, as set forth in the Collateral Development Agreement, to permit any other use on the Cloverleaf Property.

5. Parking. The parties shall (a) terminate the Parking Property Lease Agreement recorded at OR Book 1961, Page 1004, and (b) enter into a Parking License Agreement with respect to the Parking Property and two other parcels of property owned by the City and located to the north of Dodgertown, consisting of a 3 .3 acre site north of 26th Street and north of Holman Stadium, and a 4.6 acre site north of 26th Street and east of Holman Stadium.

6. Parking Certification. The City shall certify to the County that parking in compliance with all City parking codes and regulations for maximum capacity events at Dodgertown exists onsite within the Dodgertown facility, including the areas historically used for parking, the four ( 4) baseball practice fields and two (2) half basebaHpractice fields, and other accessible, open areas suitable for parking within the facility.

7. Interlocal Agreement. The parties shall amend the lnterlocal Agreement recorded at OR Book 1353, Page 971 to make clear that neither the Cloverleaf Property nor the Parking Property shall be subject to such agreement.

8. Conveyance of Easements by the City. The City shall convey to the County (a) an easement for drainage ofstormwater from 43rd Avenue in its future expanded condition across the remaining City Property to the existing retention pond, (b) an easement for access and maintenance to the pump house, pumps, and pipes at the southwest comer of the City Property to the existing retention pond, and ( c) an easement to locate on the City Property adjoining the Cloverleaf Property up to 33.33% of the new retention pond to be constructed on the Cloverleaf Property ("New Retention Pond"), and thereafter to use the portion of the New Retention Pond located on the City Property (together with the portion located on the Cloverleaf Property) for drainage, irrigation, stormwater retention and maintenance purposes related to the Dodgertown property and the Cloverleaf Property. The easements described above shall be drafted in such a manner, or shall be modified at the appropriate time, to apply to the New Retention Pond, after

217

such pond is constructed. To the extent that the easements described herein are not completed and executed at the time of closing, the requirement to execute and deliver such easements shall survive the closing.

9. Conveyance of Easements by the County. The County shall convey to the City· (a) an easement to use the existing retention pond, including the related pump house and pump, for drainage, stormwater retention and irrigation purposes relating to those parcels that make up the remaining City Property and the Parking Property, and (b) an easement to use the existing retention pond, including the related pump house and pump, for drainage of stormwater from 26th Street in its future expanded condition. The easements described above shall be drafted in such a manner, or shall be modified at the appropriate time, to apply to the New Retention Pond (including the portion of such pond constructed on the Cloverleaf Property), after such pond is constructed. To the extent that the easements described herein are not completed and executed at the time of closing, the requirement to execute and deliver such easements shall survive the closing.

10, Conditions to Closing. The closing of the exchange shall be conditioned upon the occurrence of each and every of the following conditions:

a) The preparation of final transaction documents implementing the provisions of this agreement;

b) The execution and delivery by MiLB Vero Beach, LLC and National Association of Baseball Leagues, Inc. of a First Amendment tci Facility Lease Agreement, a Consent and Waiver to certain of the final transaction documents, and a Termination of Parking Property Lease Agreement;

c) The execution and delivery by DT Commons, LLC of a Third Amendment to Collateral Development Agreement or, if acceptable to the County, the adoption of a Resolution by the County permitting the use of the Cloverleaf Property for purposes other than the "Permitted Use" as defined in the Collateral Development Agreement;

d) Title information and insurance reasonably acceptable to the recipient of each of the exchanged parcels, including no lien affidavits at closing. Such title information and insurance shall be at the sole cost of the party requesting such information and insurance;

e) Satisfactory environmental assessments, studies or analyses, as required by either party. Such assessments, studies or analyses shall be at the sole cost of the party requesting such items;

t) Other closing documents reasonably required by either party; g) Compliance by the County with section 125.37, Florida Statutes, and by the City

with section 2-372 of the Code of Ordinances of the City ofVero Beach; h) All of the above shall be in form and substance acceptable to the City Council and

the County Commission, and their respective staffs.

11. Closing. Each party agrees to proceed with due diligence to close the transaction as soon as reasonably possible. Each party shall pay its own closing costs and recording fees.

218

12. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels ofradon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. -

IN WITNESS WHEREOF the County and the City has caused these presents to be executed in their names, the day and year first above written.

Attest: Jeffrey K~ Barton, Clerk of Court

BY: ----------Deputy Clerk

Approved:

Attest:

BY: _________ _ Tammy K. Vock City Clerk

Council Approved:. ____ _

Approved as conforming to municipal policy:

By:. ________ _ Monte Falls Interim City Manager

BOARD OF COUNTY COMMISSIONERS INDIAN RlVER COUNTY, FLORIDA

BY: _________ _ Bob Solari, Chairman

BCC Approved:. ______ _

Approved as to form and legal sufficiency

By: __(CQ~s::::;-~,..c.~.J_~..:::____:---":::::::====--) Alan S. Polackwich, Sr. County Attorney

CITY OF VERO BEACH, FLORIDA

BY: ----------Jay Kramer, Mayor

Approved as to form and legal sufficiency:

By: ----,---------Charles Vitunac City Attorney

219




November 8, 2010

Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as ~~: '



Thence South 89°45'39" East for a distance of 50.00 feet to a point on the East right-of-way of 43rd

Avenue said point also being the Northwest corner of Dodgertown Parcel 3A as described in Official Record Book 1961, Page 968 of the Public Records of Indian River County, Florida; ·


Thence South 00°14'21" West for a distance of 85.00 to a point on the North line of said Parcel 3A;

Thence continue South 89°45'39" East along the North line of said Parcel 3A for a distance of 437.69 leflt to the Point of Beginning;

Thence from the Point of Beginning continue South 89'45'39" East along the North line of said Parcel 3A for a distance of 468. 25 feet fo the Northeast corner of Parcel 3A;

Thence South 63'53'04" East for a distance of 326.67 feet to a point on the East line of Dodgertown Parcel 3A;

Thence South 18'15'41" East along said East line of Parcel 3'A for a distance of 386.49 feet to the Southeast corner of said Parcel 3A;


Thence North 02'50'58" West for a distance of 830.37 feet to the Point of Beginning;


Said parcel shall be subject to stormwater easements for the 43rd • Avenue and Aviation Boulevard

improvement projects as required.

S·\Property Descriptions\2010\2010·20_Dodgertown Portions & 3A_Nov 8 2010.doc

Sheet 1 of 2

220

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POINT OF BEGINNING

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CITY OF VERO BEACH

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.. _.... .. -----EXHIBIT "A"

,CITY PROJECT NO. !ORWN.BY

2010-20

\ SCALE 1"= 300'

IY ••

"" DEPARTMENT OF PUBLIC WORKS

SURVEY DIVISION


11.93 ACRE PARCEL-DEED CITY TO COUNTY

SECTION 03-33-39 DA7E I DR\\t-1 av .I CHl<D av \oESCR1PnOH

'12£20_1 O . OG . MKF ·

EXHIBIT "8" PROPERTY DESCRIPTION

Property Descripiion Dodgertown (#2010-20)

November 8, 2010



Commencing at the Northwest corner of Section 3, Township 33 So.uth, Range 39 East;


Thence South 89°45'39" East and parallel with the north line of said Section 3 for a distance of 75.00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3;

Thence continue South 89°45'39" Easfolong said South right-of-way for a distance of 288.78 feet to the Northwest corner of Dodgertown Parcel 2A (also known as "A Portion of Dodgertown Parcel 2") in Official Record Book 1758, Page 523 of the Public Records of Indian River County, Florida), said point also being the Point of Beginning; ·

Thence from the Point of Beginning continue South 89°45'39" East along said South right-of-way for a distance of 506.21 feet;

Thence South 3°32'27" West for a distance of 582.12 feet;

Thence South 00°14'21" West for a distance of 360.85 feet to a point on the South line of Dodgertown Parcel 2A;

Thence North 89°45'39" West along said South line of Parcel 2A for a distance of 437.69 feet to the Southwest corner of said Parcel 2A;

Thence North 00°14'21" East for a distance of 85.00 feet;

Thence North 89°45'39" West for a distance of 35.00 feet;

Thence North 00°14'21" East along the West line of said Parcel 2A for a distance of 857.00 feet to the Point of Beginning;


Said parcel shall be subject to stormwater easements for the 43'd Avenue and Aviation Boulevard improvement projects as required.

S:\Property Descriptions\2010\2010-20_Oodgertown Portions & 2A_Nov 8 201 0.doc • ............ .

Sheet 1 of 2 222

I PARCEL20 PARCEL 19

---------------- - - -- - -~sl-7s· s00·00•47;;-w-- - - -- - - -- - - -- _._ - -;r ~ 30 oo· 26lH S"TREET / WAU<ER AVENUE B~VO. 10 SOUTH SECTION LINE J4-32-JS .J_SOU!!:!.,.SECT.!2!:!_ UN~J-32-JS l _ _. _ _ _, _ . _ _ _ _ _ L _ _[ _ _ _ _ -

%;NORTH SECTION LINE 04-JJ-JS S89"45'39"E S89"45'39"E g NORTI1 SECTION LINE OJ-JJ-JS

,-- - - -- - - ----i 288.78' 506.21'

POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39

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COUNTY TO CITY , , / 10.38ACRES

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35.00' U1 ,

HOLMAN STADIUM

32-39-26-00011-023D-00001.0 DODGERTOWN PARCEL 1-C

O.R. BK 1426, PG 555

INDIAN RIVER COUNTY

SUBJECT PARCEL

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CITY OF VERO BEACH


SURVEY DIVISION

32-39-26-00011-0230-00001.1

DODGERTOWN PARCEL 3-A

O.R. BK 1961, PG 968

CITY OF VERO BEACH

. N89"45'39"_W 437.69'

CITY TO COUNTY 11.9.3 ACRES

SKETCH OF PROPERTY DESCRIPTfON

10.38 ACRE PARCEL-DEED COUNTY TO CITY


EXHIBIT "B"

'CITY PROJECT NO.

2010-20 DATE j ORWN 8Y I CHKO BY jD(SCRIPTION

12/2010 I DG I MKF

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· INDIAN RIVER COUNTY

ITEM 14.A.1 February 1, 2011





SUBJECT: County Attorney's Employment Agreement

FROM: Commissioner Bob Solari

The County Attorney's existing employment agreement is for a one year period expiring on February 22, 2011. A proposed renewal agreement, from February 23, 2011 to February 22, 2012, is attached for your consideration.

The County Attorney has requested one change from the existing agreement -specifically, in section 5, he requests the right to use his vacation time whenever he wants during the employment year, rather than as it accrues gradually throughout the year (9.38 hours of vacation for each month of service). The change includes language that if his employment terminates for any reason at a time when he has used more vacation than has actually accrued, he will reimburse the County for the ''overused" vacation time, which can be withdrawn from his final paycheck(s). A copy of the proposed agreement, with all changes underlined, is attached.

224

EMPLOYMENT AGREEMENT BETWEEN


AND ALANS.POLACKWICH

TIDS AGREEMENT made and entered into on February 2011 by and between the Board of County Commissioners and Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called "County" and Alan S. Polackwich, hereinafter called "County Attorney," for employment commencing February 23, 2011.

WITNESSETH:

WHEREAS, Indian River County desires to employ the services of Alan S. Polackwich as County Attorney, and

WHEREAS, Alan S. Polackwich desires to accept employment as Indian River County Attorney, and

WHEREAS, the State of Florida has developed a Senior Management Class within the Florida Retirement System, and

WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and

WHEREAS, designated membership in the Senior Management Class requires that:

I) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and

WHEREAS, the County Attorney, as a County Officer works directly for the Board of County Commissioners,

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

SECTION 1. COUNTY ATTORNEY'S DUTIES

In consideration of County Attorney's employment by the County, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County and shall not unde1iake any compensated outside legal work, unless otherwise authorized by the County.

County Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to be assigned to County Attorney, the specific duties to be performed by County Attorney, and reasonable standards of performance to be maintained.

225

SECTION 2. GENERAL POWERS OF THE COUNTY

Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to review all work performed; to determine the time and manner of the performance of all work, and to determine standards of performance, all of which shall be reasonable.

SECTION 3. ETHICS, UNLAWFUL CONDUCT, AND ARRESTS

A. County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice oflaw.

B. County Attorney shall immediately notify the County Commission within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to, probation, suspension, or disbarment.. The Commission shall determine if it is in the best interests of the County to:

1) Retain County Attorney in his/her regular position pending court disposition; and/or

2) Place County Attorney on leave with or without pay until such time as any charges ·are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or

3) Initiate disciplinary action up to and including termination.

In the event that County Attorney is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the Officer, or which would tend to affect the Officer's relationship to the job or fellow workers, or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9. Severance of this agreement.

SECTION 4. ANNUAL COMPENSATION

For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) annually, payable in 26 bi-weekly installments of $5,769.23, as adjusted for necessary deductions. County Attorney's salary shall be increased by any cost-of-living increases granted other County employees and with the same effective date. Salary increases per Section 7. Terms shall be adjusted as of the commencement date of this Agreement, unless otherwise authorized by the County. In addition to salary, County Attorney's compensation includes a car allowance of $350.00 monthly.

226

SECTION 5. ADDITIONAL BENEFITS

County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full-time, regular non-contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. County Attorney shall aeeme receive fifteen days of vacation leave annually, available beginning January 1 of each year. in monthly insta-llments of9.38 hems. In the event that County Attorney's employment with County terminates for any reason (a) at a time when County Attorney has taken more vacation days than have accrued at the rate of 9.38 hours per month. County Attorney shall reimburse County for the overused vacation days. which amount County may deduct from County Attorney's final paycheck(s). or (b) at a time when County Attorney has taken less vacation days than the number to which he is entitled under this agreement. any payout of unused vacation time shall be based on the number of days that have accrued at the rate of 9 .3 8 hours per month. Vacation leave shall not accrue above the maximum allowed by the County Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida Bar dues, Florida Bar section fees, board certification or recertification fees, and local bar association dues. County Attorney is included in the "Senior Management Service Class" of the Florida Retirement System.

SECTION 6. CONTRACT

The County Attorney acquires no property rights in employment but has only contractual rights set forth or incorporated by reference in this employment agreement.

SECTION 7. TERMS

This employment contract is for one year from the commencement date written above. The Contract is not continuing in nature and must be renewed on an annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. County shall provide County Attorney at least 30 days' written notice in the event of non-renewal.

SECTION 8. TERMINATION

A. This contract may be terminated at will by the County or by County Attorney upon 30 days' written notice given to the other party. Any accrued annual leave and sick leave will be paid in full, less regular deductions, in the event a contract is terminated or not renewed.

B. The Board of County Commissioners may also, for cause, terminate the employment of County Attorney at anytime whatsoever, by affirmative vote, of not less than three (3) members of the Board. County Attorney shall be entitled to a hearing before the Board if, within five ( 5) business days of termination, he so requests in writing to the Chairman of the Board of County Commissioners. In the event County Attorney is terminated for cause,

227

County shall be under no obligation to pay severance or provide 30 days' notice per Section 9. Severance of this agreement. The term "for cause" shall be deemed to include: gross negligence in the handling of County affairs; willful violation of the provisions of law; willfully disregarding a direct and lawful order, demand, or policy of the Board of County Commissioners; conduct unbecoming a public employee; habitual drug abuse; conviction of a felony; or conviction of any crime involving moral turpitude or relating to official duties; or loss or suspension of license to practice law in the State of Florida. For the purposes of this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony, he shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication.

SECTION 9. SEVERANCE

If the County terminates this contract at any time or in the event of the County's failure to renew an employment agreement with County Attorney, County shall not be obligated to pay any severance or maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums, provided, however, County shall provide no less than a 30 days' notice of termination without cause.

IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above.

Attest: J.K. Barton, Clerk

By: -----------

Date: ------

Noted:

Joseph A. Baird, Administrator

INDIAN RIVER COUNTY Board of County Commissioners

By Bob Solari, Chairman

BCC Approved: _____ _

COUNTY ATTORNEY

228

/5Aj_


TO: Honorable District Board of Commissioners

THROUGH: Joseph A. Baird, County Administrator , FROM: John King, Director X \/i,,y

Department of Emergd~ 'services


SUBJECT: Request for authorization to prepare and advertise Request for Qualifications (RFQ) notices for Design/Build services

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

DESCRIPTION AND CONDITIONS:

In January 2010, the Emergency Services District made final payment for real property purchased from the Florida Division of Forestry (4th Street and 43rd Avenue) for Fire-Rescue Station 13. This was in agreement with the County's Capital Improvement Element (CIE) which designated construction of Station 13 this fiscal year. Given the current economic concerns and staff's recommendation, the Board revised the CIE on November 2, 2010 to delay construction until FY-2011/2012.

The Board is aware this property is adjacent to two assemblages of worship, residential neighborhoods, and is readily visible from 43rd Avenue. During the 2004 and 2005 hurricane seasons, numerous trees were damaged and several older structures at this location remain in the same condition that existed in late 2005. In addition to the fire-rescue station, future use of this nearly 5 acre property also includes renovation of an existing vehicle maintenance shop, construction of a large retention pond for roadway improvements, and expanded discussions related to the old Fire Tower. To maximize the potential use of this property staff is seeking to enter into an agreement with a Design/Build Team to create an overall site plan. Additionally, this is not the only Emergency Services location needing professional services.

Insofar as each of the projects below will require professional services subject to the state's Qualifications Based Selection (QBS), staff is requesting authorization to enter into an agreement with a qualified Design/Build Team for the following renovation and/or construction projects:

229

Station 1: Station 7: Station 13: Station 14:

1500 Old Dixie Highway, Vero Beach 1215 82nd Avenue, Vero Beach 43 rd Avenue and 4th Street FY 2013/14 (CIE) location TBD

These renovation and/or construction projects may be scheduled over a protracted period oftime, as they are dependent upon available funding. Additionally, other projects may require qualified professional services. Without the requested Design/Build services, staff is unable to present accurate project costs for funding approval.

FUNDING:

The five-year schedule of improvements in the Emergency Services portion of the County's current Capital Improvements Element (CIE) is shown below. This schedule includes funding for Stations 13 and 14 listed above. Stations 1 and 7 may require renovations during the next few years as well. Although they are not included in the current CIE, they may be added in future years as needed. Station 7 has a similar footprint, design and construction to Station 6 located on the South barrier island. The anticipated improvements for Station 7 would be similar to those completed for Station 6 in the aftermath of hurricanes Frances and Jeanne. These improvements (Station 6) were completed in 2006 with construction costs of a little more than $400,000. It should be noted that the stations are similar, but unique characteristics and issues typically arise at different locations. · Station 1 may be in need of similar improvements to Station 7. This station includes administrative areas and is a larger facility than other locations. Therefore, construction costs at this location (Station 1) could be substantially higher than the cost of Station 7 improvements. No County funds are being requested at this time. At the appropriate time, staff will return to the Board and recommend funding for these projects from District Fund Balance (unless otherwise noted in the CIE schedule below).

FY FY FY FY FY Project Description 2010/11 2011/12 2012/13 2013/14 2014/15 Revenue Source Station 9-

$88,332, Emergency

replacement Services Dist.

Station 13 - add. $1,137,845 $1,486,705 Emergency Services Dist.

800 MHz expansion $2,200,000 Optional Sales Tax

Station 14 - add. $2,200,000 Emergency Svc. Imoact Fees

Fire engine $425,000 Emergency Services Dist.

Med units $450,000 $450,000 Emergency Services Dist.

Quint $800,000 Emergency Services Dist.

Total Exp. $3,426,177 $2,361,705 $450,000 $3,000,000 $0

230

RECOMMENDATION:

Staff recommends the District Board of Commissioners authorize staff to prepare and advertise the Request for Qualifications notice for Design/Build services.

APPROVED FOR AGENDA

FOR: February 1, 2011 l11dia11 River Co. •--~ .... AdmlA.

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Bwdget I\ 1l1t.l11 Jose Ill.. ) I .. ~. ,~~-!(

County Administrator Rl1kMgr, \)

Ge11eral Svcs.

P,n:haling

231