indian river county board of county commissioners …...february 8, 2011 page 1 of 6 board of county...

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February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Gary C. Wheeler, Vice Chairman District 3 Alan S. Polackwich, Sr., County Attorney Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher District 2 Peter D. O’Bryan District 4 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court 3. PLEDGE OF ALLEGIANCE Commissioner Gary C. Wheeler, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring 2-1-1 Awareness Week February 11 – 17, 2011 1 B. Presentation by Eric Menger, Mayor Jay Kramer, and Michael David Regarding Aviation Day at the Vero Beach Municipal Airport on Saturday, February, 12, 2011 2-3 County Commission Chamber Indian River County Administration Complex 1801 27 th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com TUESDAY, FEBRUARY 8, 2011 - 9:00 A.M.

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Page 1: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 1 of 6

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

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

COUNTY COMMISSIONERS

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

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

2. INVOCATION

Jeffrey R. Smith,

Chief Deputy Clerk of Circuit Court

3. PLEDGE OF ALLEGIANCE

Commissioner Gary C. Wheeler, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Honoring 2-1-1 Awareness Week February 11

– 17, 2011 1

B. Presentation by Eric Menger, Mayor Jay Kramer, and Michael David

Regarding Aviation Day at the Vero Beach Municipal Airport on Saturday, February, 12, 2011 2-3

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, FEBRUARY 8, 2011 - 9:00 A.M.

Page 2: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 2 of 6

6. APPROVAL OF MINUTES PAGE

A. Regular Meeting of December 14, 2010

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

A. Notice of Regular Meetings of the Indian River County Hospital District Board of Trustees, for the year 2011, is on file in the Office of the Clerk to the Board

B. 2011 Election of Metropolitan Planning Organization Citizen Advisory Committee Chairman and Vice Chairman (memorandum dated February 1, 2011) 4

C. City of Sebastian Appointment to the MPO Bicycle Advisory Committee (memorandum dated February 1, 2011) 5-6

8. CONSENT AGENDA

A. Approval of Warrants and Wires – January 21, 2011 to January 27, 2011

(memorandum dated January 21, 2011) 7-14 B. Indian River County Appointments to the Economic Opportunities Council

(EOC) (memorandum dated February 2, 2011) 15-17

C. Permission to Advertise for Public Hearing: An Ordinance Amending the

County Code of Indian River County, Chapter 302, Animal Control (memorandum dated February 2, 2011) 18

D. Award of Bid # 2011023, Indian River Boulevard Sidewalk Improvements (From 12th St. to 17th St.), IRC Project No. 0745 (memorandum dated January 27, 2011) 19-33

E. Request for Board Approval of a Work Plan Modification, A Budget Amendment and Closeout of the County’s Hurricane Wilma Disaster Recovery Initiative (DRI) Community Development Block Grant (CDBG) (memorandum dated January 27, 2011) 34-59

F. Professional Service Agreement with G. K. Environmental, Inc. for: Vero Beach Sports Village (fka Dodgertown) Property Exchange, Phase 1/Environmental Site Assessment with Preliminary Wetland & Endangered Species Survey (memorandum dated January 31, 2011) 60-64

Page 3: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 3 of 6

8. CONSENT AGENDA PAGE

G. RFQ 2011020 Design Services for Jail Fire Alarm – Agreement (memorandum dated January 31, 2011) 65-72

H. Miscellaneous Budget Amendment 007 (memorandum dated February 2, 2011) 73-76

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

A. Indian River County Sheriff – Deryl Loar Request for use of Sex Offender Fee Funds for Purchase of Tracking Software (letter dated February 2, 2011) 77

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

None

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

1. Notice of Postponement of Public Hearings Scheduled for February 8, 2011 (memorandum dated February 2, 2011) 78

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Applying for a Neighborhood Stabilization Program 3 (NSP3) Community Development Block Grant (memorandum dated January 31, 2011) 79-86

B. Emergency Services

None

Page 4: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 4 of 6

12. DEPARTMENTAL MATTERS PAGE

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Acquisition of Right-of-Way and Pond Parcel Along 66th Ave, Gamma Delta, Corp. (memorandum dated February 1, 2011) 87-109

B. Concealed Weapons in County Parks (memorandum dated February 1, 2011) 110-111

C. Interim Report Regarding County Committees, Board and Councils – Member Terms (memorandum dated February 1, 2011) 112-119

Page 5: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 5 of 6

14. COMMISSIONERS ITEMS PAGE

A. Commissioner Bob Solari, Chairman

None

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

1. Senate Bill 270 (memorandum dated February 1, 2011) 120-125

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting.

Page 6: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

February 8, 2011 Page 6 of 6

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.

Page 7: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

PROCLAMATION HONORING 2-1-1 AWARENESS WEEK

February 11 -17, 2011

6A

WHEREAS, many times when individuals and families need help with meeting life's basic needs and they are not sure where to turn; and

WHEREAS, 2-1-1 is an easy to remember, easy to use number recognized as the central linkage point in providing individuals and families with the information and support they need to solve their problems or just someone to talk to; and

WHEREAS, Indian River County is fortunate to have a nonprofit agency, 211 Palm Beachfrreasure Coast, that enables people to access information about, provides assessment for and referral to community resources, with telephone counseling for distressed callers including suicide intervention; and

WHEREAS, 2-1-1 is a free, confidential phone call, available 24/7 with staff and volunteers who are "here to listen, and here to help," who last year alone assisted over 160,000 callers in need of information, assessment and referrals to social services agencies.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA thatthe Board recognizes February 11 - 17, 2011 as

2-1-1 AWARENESS WEEK

in Indian River County and urge all citizens to be aware of the only telephone number they need to know to access information or referral on over 3,200 programs in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc.

Adopted this 81h day of February, 2011. ·

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

,-:6,o-e cf~ Bob Solari, Chairman

Gary C. heeler, Vice Chairman

~~~~ Wesley S. Davis .

~~<:ddJ?

Peter D. O'Bryan 0

Page 8: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

VERO BEAC:H MUNICIPAL AIRPORT

• BATE:

• l;IOURS:

Aviation Day 2011 Fact Sheet (ltiformatibn cum;ntas.o(Januacy 18, 2011)

S.aturd~Y; Fet,rya,y 12, 2011.

9:00 AM uhtil 4:00PM,

Onlyatgat~orrthetrayof'<:event, no.advance sales,

•• Olr{~tlONS: Avi\;ltionBQt1levarq; tyro. rrorth on: AJrp(utDdve (34th Avenye).

• PA8KIN.G: Free parkihg arTetminat

• ENtRAN.CE: Thto(lgh.Airport "Rerrnii1a1 BUitdhig, west,entrarice (notC.J. Carmon's eBlrapc:e). · ·

• WHAT'S TO SEE, APprq~imaJelyQQ ;iircraftof afftypes on sfa1tic qisplay. FotmatioriF!Y·OvercS. · Mt\ldel.Aircraft and'R'PC!<ets .• Ainaiion Merchandisevendors.

• WHAT'S TO DO: H.el1¢Qpter; WWII Airc:rait.rides, Fddd.velldbron Site. EM ~9 fljghf~mYls!tors. Avfation M:erebandlS:!fVerlddJ'S"On site.,

•• MORE INFO: wwW.eaa99'org, or Airport Director's Office, (772). 978.-4930.

NOTABLE E¾HU3.ITS {expected to appeat, .. subject tocharuie at anytime):.

• WWII.Aircraft: NorthArnerican B,2.SH Medium Bomber,. T-6 Texan advanced tr,ainer and BQ~ing $tearrnan primary iratiler ("'l'{vW,(1/storyffight.org).

• u, S. Cqast Guard HC-144 tvlaritirne Patrol Aircraft

• U.S. Navy MFJ.53 Heavy Lift t:ielicopter

• North Arnerit,(:IJJ T-:2:13 Navy Trainer

• Qzei::hosloveikiar,i L-39 Albatross JetTrainer

• .. T.-34 "Retro Flight'' Formatfon Flyin9 Group.

,

2

Page 9: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

• " • • ~

" ~ ... •• • • -• -• • ..

'I "' ~ • ~ • • • •

~

• . •

•eaa99.org

Page 10: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

To:

Date:

Subject:

From:

INFORMATIONAL ITEMS FEBRUARY 8, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

February 1, 2011

2011 ELECTION OF METROPOLITAN PLANNING ORGANIZATION CITIZEN ADVISORY COMMITTEE CHAIRMAN AND VICE CHAIRMAN

Darcy Vasilas, Commissioner Assistant District 3

At the February 1, 2011 Metropolitan Planning Organization (MPO) Citizen Advisory Committee meeting, the members voted to elect Juliana Young as Chairman, and Chuck Mechling as Vice Chairman of the MPO Citizen Advisory Committee for the year 2011.

No Board action is required.

4

Page 11: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

To:

Date:

Subject:

From:

76 INFORMATIONAL ITEMS

February 8, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

February 1 , 2011

City of Sebastian Appointment to the MPO Bicycle Advisory Committee

Maria Resto Commissioner Assistant, District 2

Please find the attached letter dated January 31, 2011 from the City of Sebastian appointing Chris McCarthy as its representative to the MPO Bicycle Advisory Committee.

Attachment: Letter dated January 31, 2011

5

Page 12: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

January 31, 2011

HOME OF PELICAN ISLAND

1225 Main Street, Sebastian, FL 32958 (772) 589-5330

The Honorable Bob Solari, Chairman Indian River County Board of Administration 1801 2?'h Street Vero Beach, FL 32960

RE: MPO BAG Appointee - Chris McCarthy

Dear Chairman Solari:

Please be advised that City of Sebastian Parks Superintendent, Chris McCarthy was appointed by Sebastian City Council to serve on the MPO Bicycle Advisory Committee at their January 26th meeting.

If you_ have any questions regarding Council's action, please do not hesitate to contact me at 388-8214.

Sally A. Maio, MMC City Clerk

SAM/jw

cc: Phil Matson, MPO Director

6

Page 13: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: January 21, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES January 21, 2011 to January 27, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

f

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 21, 2011 to January 27, 2011.

Attachment:

DB:MS

7

Page 14: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

CHECKNBR 262127 262128 262129 262130 262131 262132 262133 262134 262135 262136 262137 262138 262139 262140 262141 262142 262143 262144 262145 262146 262147 262148 262149 262150 262151 262152 262153 262154 262155 262156 262157 262158 262159 262160 262161 262162 262163 262164 262165 262166 262167 262168 262169 262170 262171 262172 262173 262174 262175 262176 262177 262178 262179 262180 262181 262182 262183 262184

CKDATE 1/26/2011 1/26/2011 1/26/2011 1/26/2011 1/26/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/20Ll 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011

CHECKS WRITTEN

VENDOR B/C B/S HEALTH INS-TRUST PAYROLL B/C B/S OF FL ADM FEE IR CHEALTH INSURANCE - TRUST SYMETRA LIFE INSURANCE COMPANY CORPORATE CARE WORKS PORT CONSOLIDATED INC PARKS RENTAL & SALES INC STURGIS LUMBER & PLYWOOD CO JORDAN MOWER INC INDIAN RIVER AUTO PARTS LLC COMMUNICATIONS INTERNATIONAL HENRY SCHEIN INC NORTH SOUTH SUPPLY INC VELDE FORD INC SAFETY PRODUCTS INC DATA FLOW SYSTEMS INC LIGHTSOURCE IMAGING SOLUTIONS LLC DELTA SUPPLY CO KELLY TRACTOR CO COCA COLA ENTERPRISE REPUBLIC SERVICES OF FL LP REPUBLIC SERVICES OF FL LP ZEE MEDICAL INC MCKESSON CORPORATION JACOBS GROUP INC MY RECEPTIONIST INC THE GALE GROUP AMERIGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP MARSHALL CAVENDISH CORP GAYLORD BROTHERS INC APPLE INDUSTRIAL SUPPLY CO US NETCOM CORP ROWMAN & LITTLEFIELD PUBLISHING GROUP IN HD SUPPLY WATERWORKS, LTD EGPINC VERO INDUSTRIAL SUPPLY INC BRODART COMPANY LYRASIS MORNING STAR PERSONILIZED APPAREL INC ABCO GARAGE DOOR CO INC PETERSEN INDUSTRIES INC GENERAL PART INC WORLD INDUSTRIAL EQUIPMENT INC BAKER&TAYLORINC GROVE WELDERS INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC ARAMARK UNIFORM SERVICES LOWES CO INC MITCHELL TRAlNING INC ODYSSEY MANUFACTURING CO K & M ELECTRIC SUPPLY NEC UNIFIED SOLUTIONS INC PALM TRUCK CENTERS INC SVI SYSTEMS INC DEERE & COMPANY SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP

AMOUNT 92,437.50 38,233.50

406,984.86 11,006.94

1,184.70 2,085.26

83.45 6.58

254.40 315.95 781.84

3,413.98 58.52

409.66 696.30

3,783.60 277.60

66.60 45.68

433.44 134.94

46,461.61 37.28

1,898.68 231.28 118.48

3,977.00 1,080.30

125.70 116.71 724.19 297.50

50.10 6,128.69

135.18 373.45

1,102.08 365.99

5,424.60 287.25

1,185.70 743.17

1,760.00 2,143.33

80.54 712.78 157.34 757.10

84.28 1,375.00 3,737.00

197.09 276.00 307.31 219.00 194,65 114.18 285.60

1 8

Page 15: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

CHECKNBR 262185 262186 262187 262188 262189 262190 262191 262192 262193 262194 262195 262196 262197 262198 262199 262200 262201 262202 262203 262204 262205 262206 262207 262208 262209 262210 262211 262212 262213 262214 262215 262216 262217 262218 262219 262220 262221 262222 262223 262224 262225 262226 262227 262228 262229 262230 262231 262232 262233 262234 262235 262236 262237 262238 262239 262240 262241 262242 262243 262244

CKDATE 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011

VENDOR HBELINC JERE L BAXTER PAUL CARONE GIFFORD GROVES LTD ROBERT E GREENE ROBERT E GREENE LINDSEY GARDENS APARTMENTS LINDSEY GARDENS APARTMENTS CREATIVE CHOICE HOMES XVI LTD INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH APPLE MACHINE & SUPPLY CO INDIAN RIVER ALL F AB INC COMMERCIAL ENERGY SPECIALISTS AT&T AT&T AT&T UNITED PARCEL SERVICE INC FERGUSON ENTERPRISES INC FLORIDA EAST COAST RAILWAY COMP ANY WILBERT SHEPHARD JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES WALMART WALMART INTERNATIONAL BUSINESS MACHINES CORP SHERATON ORLANDO NORTH HOTEL INDIAN RIVER COUNTY UTILITIES ROGER CLEVELAND GOLF INC TOTAL TRUCK PARTS INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE GREYHOUND LINES INC GEOSYNTEC CONSULTANTS INC DUMONT COMPANY, INC OFFICE DEPOT BSD CUSTOMER SVC SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP PRIDE ENTERPRISES SCRIPPS TREASURE COAST PUBLISHING LLC TIMOTHY ROSE CONTRACTING INC CORPORATION OF THE PRESIDING BISHOP CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT ACUSHNET COMPANY THOMAS S LOWTHER FUNERAL HOME INC TAYLOR MADEGOLF CO INC STATE ATTORNEY CITY OF FELLSMERE HARRIS COTHERMAN,JONES NEW HORIZONS OF THE TREASURE COAST

AMOUNT 1,200,00

450.00 1,124.00

725.00 2,635.41

407.30 513.00 500.00

1,477.00 48,352.00

215,957.00 26,134.66

4,031.25 1,500.00 3,807.07 1,877.66

99.87 37.28

428.00 500.00 760.81 280.84 148.23 16.31

4,604.72 6,955.64

115.00 745.90 872.75

13.00 83.15

1,152.57 108.00 644.51

1,083.60 627.07 230.00

86,088.25 44.00

9,016.70 1,056.00

281.16 79.04

982.22 201.01 34.45

546.63 2,090.65

964.00 22.00

2,661.94 33.87

21,278.41 743.14 600.00

3,288.91 400.00

38.35 36,000.00 25,277.33

2 9

Page 16: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

CHECKNBR CKDATE VENDOR AMOUNT 262245 1/27/2011 WASTE MANAGEMENT !NC 195,352.37 262246 1/27/2011 CATHOLIC CHARITIES 3,639.11 262247 1/27/2011 MEDICARE PART B FINANCIAL SERVICES 687.68 262248 1/27/2011 JOSEPH A BAIRD 370.00 262249 1/27/2011 TOCOMA RUBBER STAMP & MARKING SYSTEM 126.61 262250 1/27/2011 BARKER ELECTRIC, AIR CONDITIONING 81.00 262251 1/27/2011 AGENCY FOR HEALTH CARE ADM!N 330.00 262252 1/27/2011 DOCUMED SYSTEMS INTERNATIONAL !NC 8,050.00 262253 1/27/2011 FLORIDA ENGINEERS MGMT CORP DBA 130.00 262254 1/27/2011 COX GIFFORD SEA WINDS 600.00 262255 1/27/2011 BE SAFE SECURITY ALARMS !NC 239.70 262256 1/27/2011 AARP INSURANCE 53.69 262257 1/27/2011 UNITED HEALTH CARE !NS COMPANY 253.00 262258 1/27/2011 GERALD A YOUNG SR 105.00 262259 1/27/2011 VENETIANAPARTMENTSOFVEROBEACH 599.00 262260 1/27/2011 HENRY SMITH 320.00 262261 1/27/2011 ALAN C KAUFFMANN 80.00 262262 1/27/2011 CIGNA 82.02 262263 1/27/2011 FRED FOX ENTERPRISE !NC 6,250.00 262264 1/27/2011 WESTSIDE REPROGRAPHICS OF VERO BEACH !NC 782.30 262265 1/27/2011 ADVANCED XEROGRAPHICS IMAGING 1,938.22 262266 1/27/2011 BOBBYS PLUMBING !NC 160.00 262267 1/27/2011 LINDSEY GEIB 60.00 262268 1/27/2011 TIM GEIB 80.00 262269 1/27/2011 PINNACLE GROVE LTD 1,928.00 262270 1/27/2011 VERO CLUB PARTNERS LTD 976.00 262271 1/27/2011 C & C ELECTRIC WORKS !NC 5,515.00 262272 1/27/2011 DAVID J SP ARKS 404.00 262273 1/27/2011 FORT PIERCE HOUSING AUTHORITY 116.28 262274 1/27/2011 FORT PIERCE HOUSING AUTHORITY 431.13 262275 1/27/2011 INDIAN RIVER COUNTY HOUSING AUTHORITY 479.00 262276 1/27/2011 BLUE SHIELD FLORIDA FEDERAL 65.62 262277 1/27/2011 BLUE SHIELD FLORIDA FEDERAL 259.23 262278 1/27/2011 HOMETOWN NEWS 544.99 262279 1/27/2011 THEPALMSATVEROBEACH 300.00 262280 1/27/2011 THEPALMSATVEROBEACH 500.00 262281 1/27/2011 SHELTRA & SON CONSTRUCTION !NC 1,607.09 262282 1/27/2011 HELEN WHITE 89.15 262283 1/27/2011 HULETT ENVIRONMENTAL SERVICES 125.00 262284 1/27/2011 JOHN COLONTRELLE 618.00 262285 1/27/2011 MT ZION MISSIONARY BAPTIST CHURCH OF VB 3,314.90 262286 1/27/2011 CINTAS CORPORATION NO 2 197.00 262287 1/27/2011 ARTHUR PRUETT 370.00 262288 1/27/2011 HIMANSHU MEHTA 48.55 262289 1/27/2011 VANWAL!NC 125.00 262290 1/27/2011 BLUE CROSS BLUE SHIELD 80.91 262291 1/27/2011 SYNAGRO SOUTH LLC 51,854.17 262292 1/27/2011 THE CLEARING COMPANY LLC 1,107.18 262293 1/27/2011 BRIDGESTONE GOLF !NC 835.16 262294 1/27/2011 COASTAL TECHNOLOGY CORPORATION 142,029.31 262295 1/27/2011 SOUTHERN JANITOR SUPPLY !NC 331.76 262296 1/27/2011 CENTRAL PUMP & SUPPLY !NC 292.34 262297 1/27/2011 UNITED FOR FAMILIES 990.91 262298 1/27/2011 WILLIAMS SR, IVEY 10.32 262299 1/27/2011 EACKER, ALEX B & KELLY 48.09 262300 1/27/2011 CAPITAL OFFICE PRODUCTS 440.91 262301 1/27/2011 DICKERSON FLORIDA !NC 131,151.15 262302 1/27/2011 WHISPERING PALMS MHC LLC 266.00 262303 1/27/2011 HARCROS CHEMICALS, !NC. 23,730.78 262304 1/27/2011 JOE RIVERA 40.00

3 10

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CHECKNBR 262305 262306 262307 262308 262309 262310 262311 262312 262313 262314 262315 262316 262317 262318 262319 262320 262321 262322 262323 262324 262325 262326 262327 262328 262329 262330 262331 262332 262333 262334 262335 262336 262337 262338 262339 262340 262341 262342 262343 262344 262345 262346 262347 262348 262349 262350 262351 262352 262353 262354 262355 262356 262357 262358. 262359 262360 262361 262362 262363 262364

CKDATE 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011

VENDOR DANE PFARR CARROLL, WILLIAM C COLLEGE POINT LLC ARDAMAN &ASSOCIATES JOHNFBAER AMERICAN DRILLING SERVICES INC

HFB OF FLORIDA LLC HECK ENTERPRISES OF BREVARD INC METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR JANTMASON SCNSINC JOHNNY B SMITH EARRING POINT PROPERITES ALPHA CORP LLC EARLY LEARNING COALITION ADAM PREUSS APPRAISAL SERVICES INC MENTAL HEALTH ASSOCIATION CHARLES AW ALKER ·. MARTHA CLEARY INDIAN RIVER RDA LP GARYMONROE REDLANDS CHRISTIAN MIGRANT ASSOC ROBINSON, WILLIAM & DEBRA PETER B & CECILIA SAMPLE BRISTOL, GENEA GLORIA CORSORO WILLIS, JUSTIN WILLIAMS, ANA GEOGHEGAN, RICHARD F STEVEN F BERNYK JOHN OR JENNIFER HANNA BERMUDEZ, NANCY HARRISON, FREDRICK A THE PLACE AT VERO BEACH WILBERT WILLIAMS VIRGINIA PINES SANDPIPER APARTMENTS TREASURE COAST FOOD BANK INC AQUIFER MAINTENANCE & PERFORMANCE GEORGE V HAND BACKHOE SERVICES PAULA WHIDDON NICOLACE MARKETING INC COURTYARD VILLAS OF VERO LLC ADETAYO ADELAKUN LEONA ALLEN PATTYS PRINTING & GRAPHICS INC TRITELINC THE SPIVEY GROUP INC SOUTHEAST POWER SYSTEMS OF ORLANDO GR FLORIDA HOMES I LLC MARGARET LESTER HOYT C MURPHY INC REAL ESTATE GATOR INVESTMENTS MCALHANY CONSTRUCTION CO INC HMA-SOLANTIC JOINT VENTURE LLC SANDY ARACENA OSLO VALLEY PROPERTIES INC RAZA,SYED

AMOUNT 60.00 57.46

322.00 1,977.00

25,671.00 1,000.00

457.00 26,057.00

866.10 398.00

80.00 1,216.00

88.80 410.00 974.00 542.71 524.64

3,200.00 4,384.39

100.00 600.00 457.00 500.00

2,372.80 73.58 50.00

4.54 600.00

73.58 73.58 26.24

1,509.00 278.53

20.19 18.69 30.82

450.00 965.00 752.00 322.02

11,001.49 3,300.00

504.00 3,564.00

408.00 40.30

117.16 220.70 247.50 525.00 873.93 73.58

504.00 490.00 714.00

48,599.00 75.00 60.00

850.00 64.46

4 11

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CHECKNBR CKDATE VENDOR AMOUNT 262365 1/27/2011 CON-AIR INDUSTRIES INC 1,497.00 262366 1/27/2011 MICHAEL O'LEARY 460.00 262367 1/27/2011 FLORIDA MEDICAID 784.43 262368 1/27/2011 THATCHER CHEMICAL OF FLORIDA 3,799.42 262369 1/27/2011 LARIAT ENTERPRISES INC 153.13 262370 1/27/2011 VERA SMITH 160.00 262371 1/27/2011 GARRETT SMITH 240.00 262372 1/27/2011 S&SAUTOPARTS 637.12 262373 1/27/2011 PARIS, LATOYIA 64.77 262374 1/27/2011 DAVID WALSH & ASSOC 1,180.00 262375 1/27/2011 BRADLEY WAGNER 750.00 262376 1/27/2011 EAST COAST ANIMAL MEDICAL CENTER 70.00 262377 1/27/2011 DANIELLECARTOLARO 800.00 262378 1/27/2011 KELLER,JAY 35.48 262379 1/27/2011 HYDRA SERVICE INC 1,284.00 262380 1/27/2011 BANKERS LIFE 55.07 262381 1/27/2011 JAMES W DA VIS 479.00 262382 1/27/2011 CAL INVESTMENTS OF VERO BEACH LLP 685.00 262383 1/27/2011 ANTHONY GIOVINAZZO 69.12 262384 1/27/2011 CREATIVE CHOICE HOMES 498.00 262385 1/27/2011 SCOTT BASSETT THE AQUA MAN INC 115.50 262386 1/27/2011 DARRYL W LAIRD 877.64 262387 1/27/2011 BUSH ROSS 180.00 262388 1/27/2011 JERRYHALL 20.00 262389 1/27/2011 MDT PERSONNEL LLC 4,460.00 262390 1/27/2011 CREATECH USA INC 793.00 262391 1/27/2011 BEZAK,LISA 131.24 262392 1/27/2011 FAS-AHM UTILITIES, LLC 42.46 262393 1/27/2011 BERTHA WOLFE 83.62 262394 1/27/2011 DUNN,EBONY 49.84 262395 1/27/2011 LIVING WATER MINISTRIES 29.17 262396 1/27/2011 SCOTT, MILFORD 17.20 262397 1/27/2011 ANDERSON, EDWARD & NOELLE 73.58 262398 1/27/2011 VAN HORN REALTY LLC 73.58 262399 1/27/2011 ST LUCIE DEVELOPMENT CORP 92.53 262400 1/27/2011 SOLIS, CESAR 26.15 262401 1/27/2011 ZIMMERMAN, JAMES & ELIZABETH 55.95 262402 1/27/2011 BARTLETT, KRISTA 22.17 262403 1/27/2011 MORRISON, SILAS & MARY 32.04 262404 1/27/2011 BROWN, OLIVIA M 21.95 262405 1/27/2011 NIGHTINGALE, JASON 8.42 262406 1/27/2011 KINSLEY, MICHELLE & CRAIG 27.29 262407 1/27/2011 MALLINGER, DOROTHY S 11.00 262408 1/27/2011 RLM PROPERTIES, INC 126.42 262409 1/27/2011 MOORE,TARA 30.92 262410 1/27/2011 TAIG,KEITH 74.83 262411 1/27/2011 RCL DEVELOPMENT, INC 13.77 262412 1/27/2011 GUIMARES, BEN 21.69 262413 1/27/2011 MARTINEZ,TERESA 62.86 262414 1/27/2011 BUCHHEIT, LOUIS J & CARMENE 81.23 262415 1/27/2011 FLIEGEL, AARON 45.13 262416 1/27/2011 GAANDERSE,PETER 140.70 262417 1/27/2011 GIULIANOTTI, ELAINE 38.07 262418 1/27/2011 BREEDEN, TERRI 39.77 262419 1/27/2011 MESSINA, ANTHONY J 25.13 262420 1/27/2011 BURKHART, NORMAN & HELEN 49.25 262421 1/27/2011 FURNO, TIMOTHY 31.40 262422 1/27/2011 SANTOS, SERENA 41.34 262423 1/27/2011 FISCHER, JOESPH 73.58 262424 1/27/2011 ERKON,RACHEL 46.30

5 12

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CHECKNBR 262425 262426 262427 262428 262429 262430 262431 262432 262433 262434 262435 262436 262437 262438 262439 262440 262441 262442 262443 262444 262445 262446 262447 262448 262449 262450 262451 262452 262453 262454 262455 262456 262457 262458 262459 262460

Grand Total:

CKDATE 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011 1/27/2011

VENDOR RICH, PATRICK COLLINS, PEGGY CHOQUETTE, GERALD & MARIA BROOKS SR, NORMA & HAROLD L MASSIE III, TAYLOR F. STAR FUNDING SOLUTIONS LLC VETUSCHI, ERNEST & ELISABETH CLEVELAND, WARREN BYRNES, KEVIN CABIANCA, MANUEL SIEKMAN,CHARLES RUMSBY, HAROLD BEAUDOIN, MICHAEL H BARNUM, RICH CARLSON, KIRSTEN DALE SORENSEN REAL ESTATE SMALL, LEROY WOODIN, RICHARD GARYDTUMMOND MAUREEN GELFO MARIASUESZ PEP FINANCIAL LLC BCBSMI ATLANTIC COASTAL LAND TITLE LLC JOHNNY W SMITH PINES OF VERO CONDO ASSOC MASCI CORPORATION RITA HENDERSON BERNARD HAYNES ANTHONY GIOVINAZZO GERTRUDE LAROSE JOHN MESTA MARION FLOOD WESLEY GENSEL STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE OPT

AMOUNT 41.49 25.27 57.72 37.85 38.07 45.07 78.42 40.41 27.14 18.22 85.42 84.63 35.74

9.08 47.16 73.58 73.58 87.01

115.70 108.02 109.92 775.00 48.49

150.00 40.00

500.00 60,047.74

86.40 380.00

54.32 89.15 43.63 80.23

200.85 8,490.00

11,072.10 2,014,462.19

6 13

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CHECKNBR 1334 1335 1336 1337 1338 1339 1340 1341

Grand Total:

CKDATE 1/19/201 I 1/21/2011 1/21/2011 1/21/201 I 1/21/2011 1/21/2011 1/21/2011 1/25/2011

WIRES SENT

VENDOR SCHOOL DISTRICT OF IR COUNTY ICMA RET CORP NA CO/SOUTHEAST ICMA RETIREMENT CORPORATION FLSDU IRS-PAYROLL TAXES RANGER CONSTRUCTION IND INC BEACHLAND CLEANING SERVICE

AMOUNT 10,536.00

1,870.00 19,380.23 18,583.53

8,147.35 375,885.55 236,703.26

45,404.53 716,510.45

14

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TO:

DATE:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

February 2, 2011

CONSENT AGENDA FEBRUARY 8, 2011

SUBJECT: INDIAN RIVER COUNTY APPOINTMENTS TO THE ECONOMIC OPPORTUNITIES COUNCIL (EOC)

FROM: Terri Collins-Lister, Commissioner Assistant for District 4

Ms. Sue Rux, Executive Director of the Economic Opportunities Council (EOC) of Indian River County, submitted the attached letter dated February 2, 2011 requesting the consideration of the following individuals to be appointed to the EOC as the elected official's designees for a one year term:

• Ms. Anjani Cirillo • Ms. Juelie Perry • Mr. Reuben Lane • Mr. Larry Wilson

As stated in her letter "Community Action Agencies are the local grantees for Community Services Block Grant Act 1998 Reauthorization, P.L. 105-285. Required by the legislation is a tripartite Board structure; one-third elected officials, or their designees, one-third low­income representatives, and one-third members of the private/business community. In past years, commissioners' schedules have not allowed direct participation, and have appointed designees to serve instead."

Ms. Rux has provided the resumes of Ms. Cirillo, Ms. Perry, Mr. Reuben and Mr. Wilson of which are on file in the Commission Office.

Attachments: Letter dated February 2, 2011 from Sue Rux

15

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. '

OAi:iiaR. Economic Opportunities Council of Indian River County, Inc. Post Office Box 2766

PARTNERSHIP Helping People. Changing Lives.

Vero Beach, Florida 32961-2766

Admin. Office 1456 Old Dixie Hwy.

Vero Beach, FL 32960

(772) 562-4177 Fax (772) 794-7597

Community Services 1456 Old Dixie Hwy.

Vero Beach, FL 32960

(772) 569-1030 Fax (772) 794-7597

Head Start Central Offices

8445 64th Avenue Wabasso, FL

32970 PO Box 2766

Vero Beach, FL 32961-2766

(772) 589-8008 Fax (772) 589-1191

Citrus 2771 4th Street Vero Beach, FL

32968 (772) 778-0528

Fax (772) 770-0529

Fel!smere 1339 N. Willow Street

Fellsmere, FL 32948

(772) 571-!234 Fax (772) 571-9682

Highlands 500 SW 20th Street

Vero Beach, FL 32962

(772) 794-2375 Fax (772) 794-1908

St. Helen's 3550 4lst Street Vero Beach, FL

32967 (772) 567-4347

Fax (772) 562-0375

Northside 1798 NW 9th Avenue

Okeechobee, FL 34973

(863) 357-8677 Fax (863) 357-6817

February 2, 2011

Commissioner Bob Solari, Chair Board of County Commissioners 1801 27th Street Vero Beach, FL 32960

Dear Commissioner Solari:

Economic Opportunities Council of Indian River County, Inc, (EOC) is the federally designated Community Action Agency for Indian River County. Chartered fn 1965, EOC has provided services to low-income, county residents for over forty years.

As the Commission may know, Community Action Agencies are the local grantees for Community Services Block Grant, and operate under the Community Services Block Grant Act 1998 Reauthorization, P.L. 105-285. Required by the legislation is a tripartite Board structure; one-third elected officials, or their designees, one-third low-income representatives, and one­third members of the private/business community.

Annually, EOC is required to document the Commission's appointments to its Board. In past years Commissioners' schedules have not allowed for direct participation and have appointed designees to serve in their stead. EOC respectfully requests the consideration of the following individuals to be appointed for a one year term:

Ms. Anjani Cirillo Ms. Juelie Perry Mr. Reuben Lane Mr. Larry Wilson

The Florida Department of Community Affairs (state level CSBG grantee), requests that all appointments be linked with an individual commissioner to ensure the official was in office at the time of the designated appointment.

Voluntary Pre-K Head Start An Equal Opportunity Employer

Community Servt6

Page 23: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

EOC appreciates your support and looks forward to working together in helping those within our community who live in poverty move toward long­term self-sufficiency.

Sincerely,

cl-UL 'K,__y:, Sue Rux Executive Director

Enclosures

17

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Office ef Bcco2/08/11 CONSENT '7>{!_;

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 I J ;{IV--William K. DeBraal, Deputy County Attorn?v '

THROUGH:

DATE:

RE:

Alan S. Polackwich, Sr., County A~

February 2, 2011

Permission to Advertise for Public Hearing: An Ordinance Amending the County Code of Indian River County, Chapter 302, Animal Control

Animal Control has been experiencing an increased number of complaints from a wider variety of animals in addition to the traditional cat and dog complaints. Indian River Code §302.05(A) describes the various responsibilities of "dog and cat owners." Animal Control would like to amend this section to read "animal owners" so that all animal owners share the same responsibilities regarding their pets.

Second, Animal Control seeks to clarify I.R. Code §302.11 (8)(2) requiring mandatory court appearances for aggravated violations of the code, violations resulting in loss of personal property, second or subsequentviolations for animal cruelty or persons receiving a third or subsequent violation.

Staff seeks permission to Advertise for a Public Hearing for these ordinance amendments.

lnilan Riv« Ci

Admln.

Legal

Budget

Dept COUNTY_ATTORNEYJ Risk Mgr.

18

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TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director C.,,,__, AND Christopher J. Kafer, Jr., P.E., County Engine.M -AND 7,,__..--Michael D. Nixon, P.E., Roadway Production Manager till

FROM: Arjuna Weragoda, P.E., Project Engineer AOJ

SUBJECT: Award of Bid# 2011023 Indian River Boulevard Sidewalk Improvements (From 12'" St. to I 7'h St.) !RC Project No. 0745

DATE: January 27, 2011 CONSENT AGENDA

DESCRIPTION AND CONDITIONS

The Indian River Boulevard sidewalk project will consist of an eight-foot (8') wide concrete sidewalk along the west side of the roadway. The new sidewalk will connect to an existing sidewalk approximately 450 feet north of the intersection with 12th Street, and then continue north to the intersection at 17th Street. There will also be a pedestrian bridge constructed on the west side of Indian River Boulevard over the 14th

Street Canal. This project is federally funded through the Florida Department of Transportation Local Agency Program (LAP) and is on the list of priority projects in the Indian River County Comprehensive Bikeway and Pedestrian Plan.

The bid opening for the project was held on January 26, 2011. Eight (8) bids were received. A detailed bid tabulation is attached. Bid totals are as follows:

Timothy Rose Contracting, Inc. Sheltra & Sons Construction RJP Enterprises, Inc. Melvin Bush Construction Co. Sunshine Land Design, Inc. Barth Construction, Inc. C & D Construction, Inc. Gregori Construction & Engineering, Inc.

Vero Beach, FL Indiantown, FL Gainesville, FL Port St. Lucie, FL Stuart, FL Vero Beach, FL Cocoa, FL Titusville, FL

$461,316.82 $464,699.35 $505,840.07 $507,038.80 $510,490.47 $531,927.72 $617,602.30 $668,156.00

Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $461,316.82. Timothy Rose Contracting, Inc. has performed various construction projects for the county and has consistently performed work in a satisfactory manner.

F:\Public Works\ENGINEERJNG DIVISION PROJECTS\0745-Indian River Blvd Sidewalk Imp. Proj 12th_17th St (LAP)\Admim\agenda items\BCC Agenda Award of Bid 02-8-2011 A.doc

19

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Page2 Indian River Blvd. Sidewalk Improvements BCC-Agenda-Award of Bid February 8, 2011

RECOMMENDATIONS AND FUNDING

Staff recommends the contract be awarded to the lowest bidder Timothy Rose Contracting, Inc. in the amount of$461,316.82.

Funding sources for the project are budgeted aud available as follows:

Florida Department ofTrausportation Local Agency Program Graut Optional Sales Tax Account No. 31521441-066510-08019

Indian River Boulevard Sidewalk (17'"' Street to 12th Street)

ATTACHMENTS

I. Bid Comparison Spreadsheet 2. Sample Agreement

DISTRIBUTION

1. Jerry Davis, Purchasing Manager 2. Timothy Rose Contracting, Inc.

APPROVED AGENDA ITEM

FOR FEBRUARY 8 2011

•t-pb/i&uiJ

Indian River Coun

Administration

Bud et

Le al

Public Works

Engineering

Purchasing

$432,000.00 $ 29,316.82 $461,316.82

F:\Public Works\ENGINEERJNG DNISJON PROJECTS\0745-lndiau River Blvd Sidewalk Imp. Proj 12th_l7th St (LAP)\Admim\agenda items\BCC Agenda Award of Bid 02-8-2011 A.doc 20

Page 27: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

N) .....

Bid Comparison Bid# 2011023 INDIAN RIVER BLVD. SIDEWALK IMPROVEMENTS

ENGINEE_!!'S ESTIMATE ITJMO'fHY ROSE CONTRACTING I SHELTRA & SONS

INC ___ C!)NSTRUCTION

Item# Descti !Ion Unit Price Amount Unit Price Amount ~nit Price [Amount ;;' \';\1 ·.Mr.'!"'-"''•·• 'S, "'·•'> ~,• ••t•.,,_, >·;>/i,"'S~'t! ,",7."1•'•' "'"'" V'•c,-.>j•-;,,,- ·.)•,r, , ·.<!,~ ·~•,•~}<,; :~~;,:, ~~c •;•,o,,_-,~~,~-•~.-so- '-"'"'-·'

101-1 102-1

104-1 110-1-1

120-1

120-6

285-706 334-1-13

400-1-11 425-1-521

425-1-551 101 101 101 102 123

125 138 515-2-301 522-2

570-1-2

MOBILIZATION

MAINTENANG_I; OF TRAFFIC EROSION & WATER POLLUTION CONTROL

CLEARING ~ND GRUBBlf'-!_G EXCAVATION, _8!:;GULAR EMBhNKMENT (COMPACTED IN PLACfil

CEMENTED COQUINA SHELL BASE GROUP 6 (8") (2 LlfTSl SUPERPAVE.6.._SE_HALT CONCRETE (_SE-:12_.fil.1-1/2" CLASS !_CONCRETE (GRAVITY WALL)

TYPE "C" DIT_Q_I-!_ BQTTOM INLET STRlJ_CTURE TYPE "E" DITCH BQ_TTOM INLET STRUCTURE

PIPE CUL VERT (OPTIONAL MATERIAhl_ill")

PIPE CULVERT (OPTIONAL MATERIAL) (18") PIPE CULV_ERT (OPTIONAL MATERIAL) (24") !'IPE CULVERT (OPTIONAL MATERIAL) (36") MITER~D END SECTION (J_'l:) MITERED END SECTION (18") MITERED END SECTION (36") FDOI_INDEX #860)

CONCRETE SIDEWALK (6" THIC_IS] PERFORMANCE TURF (SOD) (BAHIA OR MATCH EXIST)t,IG)

700-20-11 !SINGLE SIGN POST

700-46-2 !EXISTING SIGN (RELOCATE)

711-11-12~it2" SOLID WHITE (THERMOPLASTIC) (CROSSWALK

711-11-125124" SOLID WHITE (THERMOPLASTIC) (STOP BARS:

711-11-221 l~"§_Q!JD YELLOW (THERMOPLASTIQ)

LS 29.!.000.00 LS 10,000.00 LS 10.!.000.00 LS, 8.!.000.00

532 CY 3.50 4,340 CY 3.00

31 SY 15.00

~2 SY 8.00 62 CY 610.00 2 EA 1.!.200.00

EA 2,300.00 104 LF _31,j30 103 LF 38.00 10 LF 40_,90

100 LE 60.00 2 EA 50Q.OO 3 EA 650.00 2 EA 900.00

439 LF 40,00

2,958 SY 35.00

8,267 SY 1.50 AS 400.00

9 f>._S 130.00 675 LF 1.75 112 LF 3.00 25 LF 0,7!?

29,000.00 28.!.000.00 10.!.000.00 2.!.900.00 10,QQ9,00 5.!.427.00 8.!.000.00 5.!.500.00 1,862.09 6._l:14 13,020.00 9.52

465.00 93.00 416.00 65.00

37.!.820.00 600.00 2,400.00 .1,!.533.00 2,300.00 1~5.00 3.!.390.40 24.10 3,914_.o_o 30.00 400.00 70.00

6,(l(l_Q.00 110.0_Q 1.!.000.00 698.00 1,950.00 742.00

1,800~90 1.!.360.00 17.!.560.00 42.00

103.!.530.00 29_,_@

12,400.50 1.78

400.00 250.00 1.!.170.00 12_!3_,00 1,181.25 2.20 336.00 3.75 18.75 36.00

_28.!.000.00 2,900.00 5.!.427.00 p.!.soo.001T

3,692.08

•1.316.ao(I

.½883.00~[ .1_38o.ooJ!

37,200.0011

~.!.066.00II 1.!.925.00li

2iiQ6.40 3.!.090.00

7_Q0_.00j

11.!.000.00

1,~_96.00 2,22(?,90

21720.00: 18.i!3_!1.00

88.!.148.40

14.iI,15,26 250.00

1.!.152.00

14§§.00 420.00 900.00

17.!.500.00 5.!.500.00

6.JI00.00 _;soo.oo

5._90 {1.00

1§.00 15.00

275.00 1,550.00

2.!.000.00

3_Ml0 36.00

120._00

75.00 8QO.OO

950.0_9

2.!.300.00 45.00

29.85

2.~ 2]5.00

65.00 2.5Q

3.50 1.00

.:17,!.500.00 5,500.0Q 6,00_0.00

3.!.500.00 2.!.660.00

34,7_g(l.OO

4j35.00

780.00i 17,050.0Q 3,100._0Q

2.!.000.00 3,328.00

9.!.708.00 1,200.90

7.!.500.00 1,600,.00:

2.!.850.001

4.!.600.001 19l55.oo

88~/;i,30

18,600.75j 275.00

§85.00 1,687.50

]_~2.00: 25.001

RJP ENTERPRISES.!. INC.

Unit Price !Amount '"'~'"'""°''•'d?""\"l\r-"'\l":o,'m:..;•;,.,,""'',,J',;

7.!.800.00 11,700.00

15.JPO.OO 16.!.800.00

14._QQ 1_9_.00

44.00

43.00 222.00

1,169.00

1.!.424.00 19.0_Q

23.00

32.,Q_Q

72.00 368.Q\l_

449.00 9§.6_.oo

72.00 26.00

2.41 25_§_,_00 2_Q7.00

9.00

1]_,_00

15.00

7,800.00 11,700.Q_O

15.!.800.00 16.!.800.00 7,448.00

4~,400.00

1~3_64.00 2.!.236.00

13,764.QO 2,338.00

1.!.424.00 1,976.0Q

--6.369.00 320.,Q_O

7.!..200.00 736.00

1.!.347.00

1J32.00 _31.!.608.00 76,908.00

_19.!.923.47 255.00

1~]..00

~.!.075.00 1,904.00

375.00 SIDEWALK IMPROVEMENTS SUBTOTAL 210,aaa.so 1sua TOTAL I 2a4,436.94lsua TOTAL j 24"?.!.677.ss1sua TOTAL 278.!.865.47

F:\Publlc Works\ENGINEERlNG O!V!SION PROJECTS\0745-lndian River Blvd Sidewalk Imp. Proj 12th_17th St (LAP)IA.dmlm\agenda items\Bld Comparison 01-27-11.xls

JRC PROJECT No. 0745 Bid Opening Date 1/26/11

Page 28: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

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Bid Comparison INDIAN RIVER BLVD. SIDEWALK IMPROVEMENTS Bld#201102J

TIMOTHY ROSE CONTRACTING SHELTRA&SONS !ENGINEER'S ESTIMATE INC CONSTRUCTION RJP ENTERPRISES, INC.

!item# loescrlntlon I oTV I UNIT lunrt Price !Amount Unit Price /Amount ,Unlt Price !Amount Unit Price !Amount 1.\ii,(10, .~, ... , M<,a • ~'·'1'(1,.-c<>•~·>\<e'><'', ~·•eo·,sw, '<-'•P:,1•,.a <?/ '¥.1,ri>",'·"' ·.: ,,,, ,· ,,,,,,,., .. ,. ,/_.,_,,,.,,~·.,,,_.,_, ,,.,.,,, ~ .• ·c.<.r>" "d',''"0Y,;·,,•;,, ;,,c ', •'Js<' .. ,·.>.·u,c:;-,_<-

PEDESTRIAN BRIDGE PRE-MANUFACTURED ALUMINUM PEDESTRIAN

BR-100 BRIDGE (8' X 27'-11") (F & I) (HUNTER GREEN

!POWDER COATINGl I 2 l EA I 21 500.00 l 43,000.00 I 21,560.001 43,120.0011

35,ooo.ool 10,000.001 24,045.ool 4a,o9o.ool PRE-MANUFACTURED ALUMINUM PEDESTRIAN BRIDGE (8' X 37'-11") (F & I) (HUNTER GREEN ' BR-100 POWDER COATING\ 1 EA 23,650.00 23,650.00 29,260.00 29,260.00 33,000.00 33,000.00 32 630.00 32,630.00

400-2-5 CLASS II CONCRETE <FOR PILE CAPS) 14 CY 500.00 7,000.00 1,115.00 15,610.00 1,250.00 17,500.00 1,590.00 22,260.00 400-2-10 CLASS tr CONCRETE (FOR APPROACH SLABS) 3 CY 400.00 1,200.00 400.00 1,200.00 600.00 1,800.00 482.00 1,446.00 415-1-5 REINFORCING STEEL (FOR PILE CAPS) 1,732 LBS 1.10 1,905.20 1.24 2,147.68 I 1.40 2,424.80 1.75 3,031.00 415-1-9 RENFORCING STEEL (FOR APPROACH SLABS) 230 LBS 1.25 287.50 1.10 253.00 1.40 322.00 1.75 402.50 455-34--2 PRESTRESSED PILES (8 REQUIRED) (14" x 40') 320 LF 50.00 16 000.00 67.90 21,128.00 I 65.00 20,800.00 98.75 31,600.00 530-3-3 RQCK RUBBLE/ RIP RAP RUBBLE 440 TN 55.00 24 200.00 45.88 20,187.20 i 65.00 28,600.00 54.00 23,760.00

PEDESTRIAN BRIDGE SUBTOTAL 117,242.70 SUB TOTAL 133,505.88 ~UBTOTAL 174,446.80 SUB TOTAL 163,219.50

PROJECT SUB TOTAL SUB TOTAL 387,576.60 SUB TOTAL 417,942.82 l~UB TOTAL 422,124.35 SUB TOTAL 442,084.97 I

WETLAND MITIGATION I EXOTIC REMOVAL, DUMPING FEE, STUMP I

' 110-1-1 TREATMENT CLEAN UP I0.04 AC.) 1 LS 6,500.00 6 500.00 4,500.00 4,500.00 5 000.00 5,000.00 4,815.00 4,815.00 5B0-1-2 LEATHER FERNS 93 EA 40.00 3,720.00 18.00 1,674.00 25.00 2,325.00 6.20 576.60 580-1-2 RED MANGROVES 25 EA 45.00 1,125.00 18,00 450.00 ' 25.00 625.00 17.25 431.25 580-1-2 Bld',C::K MANGROVES 25 EA 45.00 1 125.00 18.00 450.00 , 25.00 625.00 17.25 431.25

WETLAND MITIGATION SUB TOTAL 12,470.00 SUB TOTAL 7,074.00 SUB TOTAL 8,575.00 SUB TOTAL 6,254.10

MISCELLANEOUS

1108-1 RECORD DRAWINGS/AS-BUILT DRAWINGS 1 LS 5,000.00 5 000.00 2,800.00 2,800.00 3,000.00 3,000.001 3,300.001 3,300.00 108-2 SURVEY CONTROL 0NSTALURE-ESTABLISH) 1 LS 500.00 500.00 1,500.00 1,500.00 500.00 500.00I 5,088.001 5,088.00

TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SEC. 801 100454) 1 LS 1 000.00 1,000.00 1,500.00 1 500.00 250.00 250.ool 8,938.ool 8,938.00

I TRENCH SAFETY COMPLIANCE (SHORING) (SEE 1,000.00 I soo.ool 500.ool 2so.ool 250.ool 10, 175.00I 802 IS)'C. 00454) 1 LS 1,000.00 10,175.00

--·-~··-- .J _~-~~ _'~~-!"~~. L. _ I 7,soo.oo 1sua TOTAL I a,aoo.oo 1suB TOTAL I 4,000.001 I 21,so1.oo '.:,iiW,:l\~k1~ti.N~/F,,l'i!~~I/~ltiL. ~~'-"'i.if~Qt\tl.iil'W~,.~~"' ~~, : W¾\1<¥ fJ(~~$£~&~\l€i\'&!,\g,";'. ;;,B~~IW?:ilJ#Jr):!11,m':~~ !Wli'VA'\'ilf\<'i!.Mf~'i;J~~)'§l;:&1- ~i:<:?\WMi~!i;~~-nliP,\. ~-l ~N<;'"~ ~ \'ir,-;l'JIIWJJ~

1,,~t1;1;:11:,1;,?11ra~,;;.~,:vi,:r'.:t\'15~111~~m1;1 FORCE ACCOUNT 1 LS 30,000.00 30,000.00 30,000.00 30,000.00

't\!lU<'rfi>\')piw'f.W-<lj)!,r,$1?1';~~-1!".fi.S\~jfa¼'i;,\'f,'lf:W~ Wc'r.;'-,. ;(/!;'..(li;_-,. c:f,£f<'W'"Jl'~~t;,,}1-;,;'.,Q":l;,ti.~½'1f<\i,;_l::,':';,"':'J'l)~.,rpi'"••)l1,,"i;;,'i!l, ~<,:t•~Y-;,:r;(~i'!!l~!c':lli!~.1,i.®1',,;r;"'iJ~'l.,·'ii'.,t! 1t1:t,~'1~~L':\}'.:C'l'~t,~i;if(;;J~!\f,~:/;.';!-'il:~~ ~1J!&.i-!,.1,'J;)'EitW,K~11!;,at:\l:!{~'.Pe,! .. ~!r<\'Jf(f, I GRAND TOTAL I 437,546.S0!TOTAL I 461,316.82!TOTAL / 464,69~9.35,TOTAL / 505,840.07

F:\Public Works\ENGINEERING DIVISION PROJECTS\0745•1ndian River B!vd Sidewalk Jmp. Proj 12th_17th St. (LAP)\Admim\agenda ilems\Bld Comparison 01-27-11.xls

IRC PROJECT No. 0745 Bid Opening Date 1/26/11

2

Page 29: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

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I,

Bid Comparison Bid # 2011023 INDIAN RIVER BLVD. SIDEWALK IMPROVEMENTS

MELVIN BUSH CONSTRUCTION INC. SUNSHINE LAND DESIGN, INC. BARTH CONSTRUCTION INC.

Item# Descrlction QTY UNIT Unit Price Amount Un!t Price Amount Unit Price Amount ,,: . ' ,.,,,.... "·' ,., . .,.~, .• ,,,, ,~·m~'"'" ,- '" --,,,._nr--·,·-• ... -e:,:-,,,,_.,.,,,,,c,,,"'.t'·, '"'""• " " '"7'..'W"P·-:.,.;,i,·, • .,.. ,,, :.,, .c,• ... ,,,,~~;o,_,., '/·~<:~_.-,.·As' •c--• . , .. _...,,_,·,,_~-•-"·"''"-•"'·-·'""''•-'··~ ·J•',f; . .. ,<:.,.,.~ .:.. .. wv,.,,, ,"/, "./ 101-1 MOBILIZATION 1 LS 51,000.00 51,000.00 20,450.00 20,450.00 25,168.85 25,168.85 102·1 MAINTENANCE OF TRAFFIC 1 LS 4,000.00 4,000.00 13,650.00 13,650.00 12,527.65 12 527.65 104-1 EROSION & WATER POLLUTION CONTROL 1 LS 4,500.00 4,500.00 18,093.00 18,093.00 5 318.34 5,318.34 110-1-1 CLEARING AND GRUBBING 1 LS 2,000.00 2,000.00 10,250.00 10,250.00 6,500.19 6500.19 120-1 EXCAVATION, REGULAR 532 CY 6.00 3,192.00 3.00 1,596.00 8.20 4,362.40 120-6 EMBANKMENT (COMPACTED IN PLACE) 4,340 CY 9.60 41,664.00 10.00 43,400.00 11.25 48,825.00

CEMENTED COQUINA SHELL BASE GROUP 6 (8") (2 285-706 LIFTSl 31 SY 13.50 418.50 12.28 380.68 109.91 3,407.21 334-1-13 SUPERPAVE ASPHALT CONCRETE (SP-12.511-1/2'" 52 SY 15.70 816.40 17.68 919.36 76.82 3,994.64 400-1-11 CLASS I CONCRETE /GRAVITY WALLl 62 CY 577.50 35,805.00 479.88 29,752.56 709.11 43,964.82 425-1-521 TYPE "C" DITCH BOTTOM INLET STRUCTURE 2 EA 1,021.00 2,042.00 1,128.35 2,256.70 1,811.78 3,623.56 425-1-551 TYPE "'E"' DITCH BOTTOM INLET STRUCTURE 1 EA 1,556.00 1,556.00 1,909.62 1,909.62 2,275.07 2,275.07 101 PIPE CULVERT (OPTIONAL MATERIAL) (15"') 104 LF 21.50 2,236.00 19.59 2,037.36 28.48 2,961.92 101 PIPE CULVERT (OPTIONAL MATERIAL) (18"') 103 LF 29.55 3,043.65 24.78 2,552.34 35.46 3,652.38 101 PIPE CULVERT (OPTIONAL MATERIAL) (24"') 10 LF 60.50 605.00 39.24 392.40 82.73 827.30 102 PIPE CULVERT /OPTIONAL MATERIAL) (36") 100 LF 63.85 6,385.00 68.67 6,867.00 130.00 13,000.00 123 MITERED END SECTION £15") 2 EA 237.30 474.60 317.71 635.42 824.93 1,649.86 125 MITERED END SECTION /18'") 3 EA 294.05 882.15 393.56 1,180.68 876.94 2,630.82 138 MITERED END SECTION (36"1 2 EA 1,034.80 2,069.60 1,153.17 2,306.34 1607.32 3,214.64 515-2-301 FOOT INDEX #860) 439 LF 80.30 35,251.70 41.87 18,380.93 47.16 20,703.24 522-2 CONCRETE SIDEWALK (6'" THICK) 2,958 SY 29.00 85 782.00 35.04 103,648.32 35.66 105,482.28

PERFORMANCE TURF (SOD) (BAHIA OR MATCH 570-1-2 EXISTING) 8 267 SY 2.60 21,494.20 2.07 17,112.69 1.90 15,707.30 700-20-11 SINGLE SIGN POST 1 AS 220.00 220.00 220.00 220.00 243.46 243.46 700-46•2 EXISTING SIGN (RELOCATE) 9 AS 27.50 247.50 50.00 450.00 63.82 574.38 711-11-123 12" SOLID WHITE ITHERMOPLASTICl /CROSSWALK' 675 LF 1.55 1,046.25 1.95 1,316.25 2.13 1,437.75 711-11-125 24" SOLID WHITE /THERMOPLASTICl /STOP BARS\ 112 LF 3.05 341.60 4.22 472.64 4.49 502.88 711-11-221 6" SOLID YELLOW /THERMOPLASTIC\ 25 LF 0.80 20.00 0.95 23.75 5.91 147.75

SIDEWALK IMPROVEMENTS SUB TOTAL SUB TOTAL 307,093.15 SUB TOTAL 300,254.04 SUB TOTAL 332,703.69

C&D CONSTRUCTION, INC

Unit Price Amount

IRC PROJECT No. 0745 Bid Opening Date 1/26/11

GREGORI CONSTRUCTION & ENGINEERING, INC.

Unit Price Amount ·iN-·•·~,1•~.,~,~,,>:.1:,>~ ~'•' "'"'-'•'''''·'''<;,'o/i'.' ,.-.,...,,y •.-e•,,: ... ,.•x,,,,,-,,~- -,,.,~"

118,000.00 118,000.00 30,000.00 30,000.00 11,000.00 11 000.00 8,500.00 8,500,00 14,000.00 14,000.00 7,500.00 7,500.00

7 500.00 7,500.00 15,500.00 15,500.00 18.70 9,948.40 23.00 12,236.00 11.50 49,910.00 18.00 78 120.00

62.00 1,922.00 230.00 7,130.00 91.00 4,732.00 45.00 2,340.00

300.00 18 600.00 650.00 40,300.00

4,000.00 8,000.00 3,250.00 6,500.00 4,500.00 4,500.00 1 · 1,500.00 1,500.00

67.30 6,999.20 39.00 4,056.00

70.80 7,292.40 43:00 4,429.00 100,00 1,000.00 90.00 900.00

78.00 7,800.00 70.00 7,000.00 640.00 1,280.00 750.00 1 500.00

850.00 2,550.00 950.00 2,850.00

1280.00 2,560.00 1,150.00 2,300.00

43.00 18,877.00 50.00 21,950.00

26.35 77,943.30 49.50 146 421.00

2.00 16,534.00 3.00 24,801.00 225.00 225.00 200.00 200.00

60.00 540.00 50.00 450.00 2.00 1,350.00 3.00 2,025.00

4.00 448.00 6.00 672.00 6.00 150.00 1.00 25.00

SUB TOTAL 393,661.30 SUB TOTAL 429,205.00

F:\Publlc Works\ENGINEERING DIVISION PROJECTS\0745-!ndlan River Blvd Sldewalk Imp. Proj 12th_17th St. (LAP)\Adm!m\agenda items\Bid Comparison 01-27-11.xls 3

Page 30: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

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Bid Comparison Bid# 2011023 INDIAN RIVER BLVD. SIDEWALK IMPROVEMENTS

MELVIN BUSH CONSTRUCTION

IRC PROJECT No. 0745 B!d Opening Date 1/26/11

INC. I SUNSHINE LAND DESIGN, INC. I BARTH CONSTJ3.!JCTION, INC. I C&D CONSTRUCTION.!. INC GRE-GORI CONSTRUCTION &

ENGINEERING.!. INC.

mr.-v! r;~.~J'~ ..... ,\':',"l ~ ,,Je~-~;~lr,~~~ .. , .,, ,,,..,,,,~.-~ .. , '"'~'~£'"'·'·· ,,,,,,,~,,, e,c;,,~:,,,.,~.,,~-,.-.~/,, -'-T'' I I

Unit Price Amount ,,,,,,,-<'r•·•,,..,,., '" ,-.,-,,.,, ,,-,.,,,,,cs,,,..,_sr"·"-+~<JC•,"e<"-""'' ,,~,n::>'"

QTY UNIT !Unit Price Amount 'Unit Price Amount 'Unit Price Amount

PEDESTRIAN BRIDGE "••>, -'C,'c,,. 7•01/fo ',,; ',j ·)•,;.,.\,·_, ·_

PRE-MANUFACTURED ALUMINUM PEDESTRIAN BRIDGE (8' X 27'-11") (F & I) (HUNTER GREEN

BR-100 2~,826.181 57,652.361 25,101.221 50,202.441 20,500.00! 41,000.ool 29,0oo.ool POWDER COATING) I 2 I EA I 20,900.001 41,800.001 58,000.001 PRE-MANUFACTURED ALUMINUM PEDESTRIAN BRIDGE (B' X 37'-11") (F & I) (HUNTER GREEN

BR-100

400-2-5

400-2-10

415-1-5

415-1-9

455-34-1_

530-3-3

POWDER COATING\ 1 EA 27,500.00 27,500.00 38,078.66 38,078.66 34,409.60 34,409.60 27,000.00 27,000.00 38,000.00 38,000.00 CLASS II CONCRETE /FOR PILE CAPS' 14 CY 1,320.00 18,480.00 1,013.42 14,187.88 966.59 13,532.26 1,285.00 17,990.00 1,600.00 22,400.00 CLASS II CONCRETE /FOR APPROACH SLABS\ 3 CY 550.00 1,650.00 263.42 790.26 354.56 1,063.68 530.00 1,590.00 400.00 1,200.00 REINFORCING STEEL /FOR PILE CAPS\ 1,732 LBS 1.10 1,905.20 0.94 1,628.08 3.07 5,317.24 1.00 1,732.00 1.50 2,598.00 RENFORCING STEEL (FOR APPROACH SLABS) 230 LBS 1.10 253.00 0.94 216.20 2.36 542.80 1.00 230.00 1.50 345.00 PRESTRESSED PILES (8 REQUIRED\ 114" x 40'\ 320 LF 88.00 28,160.00 76.38 24,441.60 97.99 31 356.80 87.50 28,000.00 100.00 32,000.00 ROCK RUBBLE/ RIP RAP RUBBLE 440 TN 80.00 35,200.00 75.00 33,000.00 54.22 23,856.80 106.50 46,860.00 70.00 30,800.00

PEDESTRIAN BRIDGE SUB TOTAL SUB TOTAL 154,948.20 SUB TOTAL 169,995.04 SUB TOTAL 160,281.62 SUB TOTAL 164,402.00 SUB TOTAL 185,343.00 PROJECT SUB TOTAL SUBTOTAL SUB TOTAL 462,041.35 SUB TOTAL 470,249.08 SUB TOTAL 492,985.31 SUB TOTAL 558,063.30 SUB TOTAL 614,548.00 WETLAND MITIGATION

EXOTIC REMOVAL, DUMPING FEE, STUMP 110-1-1

580-1-i 580-1-2 §_89-1-2

TREATMENT, CLEAN UP /0.04 AC.I 1 LS 1,000.00 1,000.00 5,800.00 5,800.00 1,181.85 1,181.85 6,900.00 6,900.00 4,000.00 4,000.00 LEATHER FERNS 93 EA 8.65 804.45 5.73 532.89 6.50 604.50 23.00 2,139.00 6.00 558.00 RED MANGROVES 25 EA 13.50 337.50 10.33 258.25 7.09 177.25 30.00 750.00 125.00 3,125.00 BLACK MANGROVES 25 EA 13.50 337,50 10.33 258.25 7.09 177.25 30.00 750,00 125.00 3,125.00

WETLAND MITIGATION SUBTOTAL SUB TOTAL 2,479.45 SUB TOTAL 6,849.39 SUB TOTAL 2,140.85 SUB TOTAL 10,539.00 SUB TOTAL 10,808.00 MISCELLANEOUS

108-1

10~-2 RECORD DRAWINGS/AS-BUil T DRAWINGS 1 LS 11,968.00 11,968.00 624.00 624.00 1,772.78 1,772.78 2,500.00 2 500.ool 1,400.001 1,400.00 SURVEY CONTROL (INSTALURE-ESTABLISH\ 1 LS 550.00 550.00 1,848.00 1,848.00 3,256.01 3,256.01 14,000.00 14,000.001 9,ooo.ool 9,000.00 TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SEC.

801 00454) 1 LS Q.00 0.00 72_Q,00 720.00 1,772.78 1,772.78 2 500.00 2,500.001 1,200.001 1 200.00

802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE S_l;_C. 00454) 1 I LS I 0.001 o.oQL_?oo.001 200.091_ o.oQL__ 0.001 0.001 Q.001 1,200.001 1.!.200.00

I l t WETLAND MITIGATION I SUB TOTAL SUB TOTAL I 12,518.00 SUB TOTAL 1 3,392.00 SUB TOTAL I 6,801.57 SUB TOTAL I 19,000.00 SUB TOTAL I 12,800.00 m~~lill~l!~l;'l":lc";i~1@Jl"illfm:ltt'!aW§}W§la<f~,m>J~~,¼r'~,,!.w,,,pj,1 ,..., ;~ ,,,l : ,aft~)IT8~)\'~r~~1i.'i"/lWll'~iit,r ~.j"i!j~ri•~$!i!N'i' /:'. ~-1/P~W~ ~-lll:·?~1~~!/111$.<\~~~~~,;,; ~J1odi!!'(~~1,W,~\¾W1J~~~.::~ ~-\,lji,~'U,w,r,r•~- . !m.~~:11~'>1,f :!Wi~:tif<") : ·' 'i¾.-wt-~r~

I FORCE ACCOUNT I 1 I LS I 30,000.00 I 30,000.00 I 30,000.00 I 30,000.00 1 30,000.00 •t~_l',f/Yjj~\~'11I~C~1d ;;;if.'11'1"1 lWi'- ,,Th"l:.:!/\~2:-f'//fr, '!e\1:F.,®\.!ll/~l'il.:, ., .~-ll!;-.;1$1',ilil! ·;"" ,\.'<1/l;\1"!'>,,,-~<.;.;,i.r-,;,;:i.!i!!;!;,!,1J•:-"f•l.'{,'ii/#,' .\W.s/"Ji"-,f!J\[ll;i;WC;<!'f,;l;\,,:~ . !Jj;H,;i;;;,~,!ii :lf;,~i,"/:,f/1"')1).;fNt'.;"1\,lj-_,-'/',W.,lt:PjJ:IYR1,\ ,f;.<_,~,;-;;f;)'.:~.f-Pif/i'\';1,'f1'!o)f,Vtll/til~l\'? /(-sift-/'J,/Ji'in!i:'f,'r•-!{'-'.\\,t:iilli-'~lt.'l-:\'s'.~1-<W'JI.~ ~Cl'-i}l:0;J1.';;0J!,,"-;~~lll'\il,Z.J~.tret;,,,'f.l);'-'~

I I GRAND TOTAL I I TOTAL I 507,038.80 TOTAL I 510,490.47 TOTAL I 531,927.73 TOTAL 617,602.30 TOTAL I 668,156.00

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SECTION 00520 - Agreement (Public Works)

TABLE OF CONTENTS

ARTICLE 1- WORK ................................................................................................................................. 2

ARTICLE 2 - THE PROJECT ......................................................................... . ································2

ARTICLE 3 - ENGINEER .................................................................... . ·······················2

ARTICLE 4 - CONTRACT TIMES ................................................................... .

ARTICLE 5 - CONTRACT PRICE .......................... .

ARTICLE 6- PAYMENT PROCEDURES .... . ..................................... .4

ARTICLE 7 - INDEMNIFICATION ..... .

ARTICLE 8 - CONTRACT ' ...................................................................... 5

ARTICLE 9 - CON ················································································6

............................................................................................... 7

THIS PAGE WAS LEFT BLANK INTENTIONALL

00520 - Agreement (Public Works)SAMPLE.doc 00520 - 1

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SECTION 00520 - Agreement (Public Works)

THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER/COUNTY)

and _________________________________ _

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual agree as follows:

ereinafter set forth,

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or Documents. The Work is generally described as , llows:

ARTICLE 2 - THE PROJECT

2.01 The Project for whic part is generally descr

ARTICLE 3 -,ENGIN -, __ ,.,v ~-w~1,~~

River Count

ocuments may be the whole or only a

from 12'h Street to 17'h Street.

Blvd. Sidewalk from 12'h Street to 17'h Street in Indian

3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

00520 -Agreement (Public Works)SAMPLE.doc 00520 - 2

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4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed on or before the 120th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in ace. nee with paragraph 14.07 of the General Conditions on or before the 150th da r the date when the Contract Times commence to run.

********************************************************************************* • ••

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize t that OWNER will suffer financial lo specified in paragraph 4.02 above, p

is Agreement and within the times

d in accordance with

A.

Article 12 of the General Conditions. dEiftdated ges will - ence for this portion of e, and difficulties involved in proving in

WNER if the Work is not completed on h proof, OWNER and CONTRACTOR

-t as a penalty), CONTRACTOR shall

remaining OWNER, C after the lim until the Work

ffe

ay t expires after the time specified in · the Work is substantially complete. After

R s II neglect, refuse, or fail to complete the e or any proper extension thereof granted by

R $ 566.00 for each calendar day that expires 4.02 for completion and readiness for final payment

• for final payment.

NTRACTOR for completion of the Work in accordance with the t n amount in current funds equal to the sum of the amounts

nt to paragraph 5.01 .A and summarized in paragraph 5.01 .B, below:

- he prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.

B. THE CONTRACT SUM subject to additions and deductions provided in the Contract::

Numerical Amount: $. _______________ _

Written Amount:

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ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

6.02

6.03

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents.

Progress Payments. k

A. The OWNER shall make progress payments to the CON✓~OR on the basis of the approved partial payment request as reco •· ·nded by NGINEER in accordance with the provisions of the Local Gov t Pr Payment Act, Florida Statutes section 218.70 et. seq. The OW h • lain ten . ercent (10%) of the payment amounts due to the CONT until fif rcent (50%) completion of the work. After fifty rcent (50%) co work is attained as certified to OWNER by EN . ER in writing, hall retain five percent (5%) of the payment amou • e to CONT R until final completion and acceptance of all med by C TRACTOR under the Contract Documents. Purs 18. 735(8)(b ), fifty percent (50%) completion nty as OWNER has expended fifty percent (50% st of the struction services work purchased under the C ct , together with all costs associated with existing change orders he ons or modifications to the construction services work provided u t Documents.

Pay Requests.

en all be submitted on the application for and the application for payment shall contain

at1 . All progress payments will be on the basis of . ed by the schedule of values established, or in the ed on the number of units completed. After fifty

I0n, and pursuant to Florida Statutes section the CONTRACTOR may submit a pay request to the County as to one half (1/2) of the retainage held by the County as OWNER, as OWNER shall promptly make payment to the CONTRACTOR aunts are the subject of a good faith dispute; the subject of a

ant to Florida Statutes section 255.05(2005); or otherwise the subject or demand by the County as OWNER or the CONTRACTOR. The

CTOR acknowledges that where such retainage is attributable to the la or, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

00520 • Agreement (Public Works)SAMPLE.doc 00520 • 4

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6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

6.05 Acceptance of Final Payment as Release.

A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be spec· · - "lly excepted by the CONTRACTOR for all things done or furnished in ection with the work under this Contract and for every act and neglec he OW R and others relating to or arising out of the work. Any paymerf shall not release the CONTRACTOR or its sureties · the Contract Documents or the Payment and Performa

ARTICLE 7 · INDEMNIFICATION

7.01 CONTRACTOR sh_all indemnify OWNE paragraph 6.20 (Indemnification) of the

· accordance with ruction Contract.

ARTICLE 8 • CONTRACTOR'S REPRESE '

8.01 In order to induce OWNER to following representations:

A.

B.

C.

Contract Documents and the

ecome familiar with and is satisfied as to the y affect cost, progress, and performance of the

d is satisfied as to all federal, state, and local Laws and ffect cost, progress, and performance of the Work.

refully studied all: (1) reports of explorations and tests of t or contiguous to the Site and all drawings of physical conditions

isling surface or subsurface structures at or contiguous to the Site - und Facilities) which have been identified in the Supplementary

Condi ovided in paragraph 4.02 of the General Conditions and (2) reports and drawings o a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any,

00520 - Agreement (Public Works)SAMPLE.doc 00520 - 5

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expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CON observations obtained from visits to the Site, reports a Contract Documents, and all additional examinations, inv studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflict , discrepancies that CONTRACTOR has discover'" ·n the Contract

OR, information and ntified in the

written resolution thereof by ENGINEER is accepta CONTRACTO

J. The Contract Documents are generally. all terms and conditions for performa

ARTICLE 9 • CONTRACT DOCUME

9.01 Contents

A. The Contract Docum

1.

2.

ditions (pages 0080-1 to 0080-8);

ed in the table of contents of the Project Manual;

understanding of

6. s isling of a cover sheet and sheets numbered 1 through 27, & SW 1 . 4, WM-1, B1 through B6 inclusive, with each sheet bearing the following

genera 1tle: Indian River Blvd. Sidewalk Improvements, from 12th Street to 17th Street, Project #07 45. dated 8-18-09.

7. Addenda (numbers __ to __ , inclusive);

8. Appendices to this Agreement Appendix A - Permits Appendix B - Federal Required Contract Provisions Appendix C- FHWA 1273

9. Notice to Proceed (Page 1, inclusive)

00520 - Agreement (Public Works)SAMPLE.doc 00520 - 6

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10. CONTRACTOR'S BID (pages 1 to 8, inclusive)

11. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive).

12. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive)

13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive)

14. The following which may be delivered or issued on or after t ffective Date of the Agreement and are not attached hereto:

a) Written Amendments;

b) Work Change Directives;

c) Change Order(s).

15. Contractor's Final Certificate of the W Specifications)

ARTICLE 10 • MISCELLANEOUS

10.01 Terms

10.02

A.

10.0

rig under or interests in the Contract will be he written consent of the party sought to be

t limi 10n, moneys that may become due and moneys ithout such consent ( except to the extent that the

1 ited by law), and unless specifically stated to the an assignment, no assignment will release or discharge

uty or responsibility under the Contract Documents.

A. TRACTOR each binds itself, its partners, successors, assigns, and legal l]~;ese es to the other party hereto, its partners, succe~so:-5, assigns_, and_ legal repres· · . in respect to all covenants, agreements, and obligations contained in the Contract ocuments.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

00520 - Agreement (Public Works)SAMPLE.doc 00520 - 7

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10.05 Venue

A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

10.06 Other Provisions

NOTE TO USER 1. Insert other provisions here if applicable

[The remainder of this page was left blank inte

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

This Agreement will be effective on --,-,----,--~ 20 ___ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).

OWNER:

INDIAN RIVER COUNTY

By: ______________ _ Bob Solari, Chairman

By: ______________ _ Joseph A. Baird, County Administrator

APPROVED AS TO FORM AND L SUFFICIENCY:

By:------...,..,..-,---­Alan S. Polackwich, Sr., County

Jeffrey K. Barton, Clerk of Co

Attest: ____ _

(SEAL)

CONTRACTOR:

License No.--.,.,.,------,--,-..,-----­(Where applicable)

Agent for service of process: ______ _

Designated Representative: Name: ______________ _ Title: ______________ _ Address:

Phone: _____________ _ Facsimile: _____________ _ (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

* * END OF SECTION * *

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INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Joseph A. Baird, County Administrator

DIV. ON HEAD CONCURRENCE:

Robert M. Keating, AIC Community Development Dire

THRU: Sasan Rohani, AICP $' ·/'f Chief, Long-Range Planning

FROM: Bill Schutt, AICP~.s.-.

' '

Consent Item

Senior Economic Development Planner, Long Range Planning

DATE: January 27, 2011

SUBJECT: REQUEST FOR BOARD APPROVAL OF A WORK PLAN MODIFICATION, A BUDGET AMENDMENT AND CLOSEOUT OF THE COUNTY'S HURRICANE WILMA DISASTER RECOVERY INITIATIVE (ORI) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 2011.

DESCRIPTION AND CONDITIONS

To assist local governments in their recovery from the effects of the 2005 hurricanes, the federal government appropriated $5.2 billion in Community Development Block Grant (CDBG) funds for disaster relief, long term recovery, and restoration ofinfrastructure in the areas most impacted by the hurricanes. Although Indian River County incurred only minor damage from one of the 2005 hurricanes, Hurricane Wilma, the county was allocated $176,869.25 in CDBG funds for disaster recovery.

To obtain the county's Hurricane Wilma funding allocation, the Board of County Commissioners (BCC), on September 18, 2007, authorized the Community Development Director to submit a Disaster Recovery Initiative (DRI) Community Development Block Grant (CDBG) application to the Florida Department of Community Affairs (DCA) for consideration. Subsequently, staff prepared a

1

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DRI CDBG application and submitted the application to the Department of Community Affairs (DCA) for consideration.

That application was approved by DCA, and a $176,869.25 grant was awarded to the county for hurricane hardening activities. Those activities include replacing entry doors, installing storm shutters, and replacing roofs on single family owner occupied residences.

Unlike other Community Development Block Grants awarded to the county, this grant is being managed in-house by planning staff, rather than through a consultant. The reason for this is the relatively small amount of funding involved.

Grant Agreement

The CDBG agreement approved by the Florida Department of Community Affairs (DCA) includes project work plans that identify the projected timeline for completion of the grant funded project. That agreement also includes program budget and scope of work sheets that detail sources of funds for the project and the number of low and moderate income persons served by the project (CDBG funds must be used to benefit low and moderate income persons).

Since the grant was awarded, the grant agreement has been modified one time. Those modifications involved extending time frames within the work plans and extending the expiration date of the agreement to account for unanticipated delays.

Current Grant Status

At this time, the grant funded project is complete.

Pursuant to the County's DRI CDBG agreement with DCA, the county must now submit closeout documents to the state. Prior to submitting the closeout documents, however, the grant agreement must be amended to recognize the actual number of beneficiaries served, the actual number of housing units completed, and the actual funds expended.

The attached "Modification #2 to the Grant Agreement" includes a standard CDBG modification request form, a revised Program Budget and Scope of Work, and a revised Project Work Plan for the DRI CDBG funded project. At this time, the Board of County Commissioners must review and approve the proposed modification (Attachments 1 and 2) and the closeout documents (Attachment 3).

ANALYSIS

Modification #2

In the County's CDBG agreement with the Florida Department of Community Affairs, $176,869.25 in grant funds is allocated to 2 separate activity line items. The activities, the amount of CDBG funding allocated to them, and their total costs are shown in the table below.

2

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Administration Rehab Single Unit Residential

$5,414.36 $171,454.89

No revision. $ amount remains the same $171,414.52

As indicated in the table above, the CDBG allocated budget for the Rehab Single Unit Residential activity line item is more than the actual cost for the activity. These extra CDBG funds were intended to cover hurricane hardening costs; however, they ultimately were not needed. The Rehab Single Unit Residential activity line item must be reduced to reflect actual costs.

With Modification #2, the Rehab Single Unit Residential activity line item is being reduced by $40.37 from $171,454.89 to $171,414.52. The extra $40.37 in Rehab Single Unit Residential funds is being de-obligated by the County because it is an insufficient amount to accomplish a rehab activity. Those funds will either be reallocated by the state to another community that may have a DR! CDBG rehab activity that is under funded or will be returned to the Department of Housing and Urban Development.

Also with Modification #2, the number of beneficiaries is being increased and the activity timeline is being modified. Because of lower than anticipated project costs, the County was able to provide hurricane hardening for 3 more housing units than anticipated as part of modification# 1. As a result, the number of beneficiaries (housing units) is increasing from 30 to 33. The activity timeline is being modified to reflect actual accomplishments by date and amount of funds utilized.

Closeout Documents

The closeout documents are standard documents that the County must complete and submit to the state upon completion of CDBG funded projects. The information in the closeout documents must be consistent with the CDBG agreement. To that end, the closeout documents have been completed to reflect the information in the CDBG agreement as amended by Modification #2.

In conclusion, Modification #2, which consists of a revised Program Budget and Scope of Work, will allow the county to utilize nearly all of the grant funds and will ensure that the CDBG agreement corresponds with final project data. Changes proposed within Modification #2 are reflected in the closeout documents, which will be sent to the Department of Community Affairs. At this time, the Board of County Commissioners must approve the attached modification and approve the execution and submission of the attached closeout documents.

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

• approve the Hurricane Wilma DR! CDBG Modification #2 by authorizing the chairman to sign the attached modification forms;

• approve the Hurricane Wilma DR! CDBG closeout document by authorizing the chairman to sign the attached closeout documents;

3

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• authorize the chairman to sign and submit any additional CDBG related documents to allow the county to complete the grant modification and to closeout the grant; and

• authorize staff to make any changes to the closeout and/or amendment documents that may be required by DCA.

ATTACHMENTS

1. Modification #2 to Grant Agreement 2. Request for Amendment (07.02) 3. Closeout Documents

Approved Agenda Item Byr,fb A , d§a,,J Fo :'February 8, 2011

Indian River Co. Admin. Legal Budget De t. Risk Mgr.

F:\Community Development\CDBG\DRI Wilma\Closeout\BCC item • Closeout and Modification #2.doc

4

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MODIFICATION NUMBER ....1... TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND

INDIAN RIVER COUNTY

This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department"), and Indian River County, (the Recipient"), to modify DCA Contract Number 08DB-D3-10-40-01-A12, award dated June 27, 2008, ("the Agreement").

WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of $176,869.25 to Recipient under the Community Development Block Grant/Disaster Recovery Program ("CDBG/DRP") Program as set forth in the Agreement;

WHEREAS, the Department and the Recipient desire to modify the Agreement;

NOW, THEREFORE, in consideration of the mutual promises of the parties c.ontained herein, the parties agree as follows:

o Reinstate Agreement (NO)

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

o Extend Agreement (NO)

2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of

• Revise Activity Work Plan (YES)

3. The Attachment B, Activity Work Plan section of the Agreement, is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference.

• Revise Program Budget and Scope of Work (YES)

4. The Attachment A, Program Budget and Scope of Work section of the Agreement, is hereby deleted and is replaced by the revised Attachment A, the Program Budget and the Scope of Work, which is attached hereto and incorporated herein by reference.

Attachment 1

1

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Modification # 2 DCA Contract Number: 08DB-D3-10-40-01-A12 Recipient: INDIAN RIVER COUNTY Page2

o Change in Participating Parties (NO)

5. The Attachment G, Special Conditions section, is hereby modified to delete all references to" _____________ _," as the Participating Party, and replace them with " " as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party.

o Inclusion of an Unmet Need as Addressed in the Original Application (NO)

6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revfaed Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference.

7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference.

• Change in Number of Accomplishments and/or Beneficiaries (YES)

8. The Attachment A, Program Budget and Scope of Work section of the Agreement, is hereby deleted and is replaced by the revised Attachment A, the Program Budget and the Scope of Work, which is attached hereto and incorporated herein by reference.

o Modify Additional Special Conditions in Original Contract (NO)

9. The Attachment J, Special Conditions section of the Agreement is hereby amended to include additional grant requirements, and is attached hereto and incorporated herein by reference.

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

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

2

39

Page 46: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

/ I' ,/

/ Modification #__,2,,__ DCA Contract Number: 08DB-D3-10-40-01-A12 Recipient: INDIAN RIVER COUNTY Page3

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

Department of Community Affairs

By: ----------­Name: Michael Richardson Title: Assistant Secretary and Acting Director

of the Division of Housing and Community Development

Date: __________ _

Recipient Name: Indian River County

By: ---------­Name: Bob Solari Title: BCC Chairman

Date:

APPROVED AS TO FORM AND LEGAL S Fl NCY

F:\Community Development\CDBG\DRI Wilma\Closeout\FINAL Closeout & Amendment Fonns\Amendment\DRmodification -amendment #2.docx

40

Page 47: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

RECIPIENT: Indian River County CONTRACT NUMBER: 08DB-D3-10--40-01-A12

ATTACHMENT A PROGRAM BUDGET AND SCOPE OF WORK

1 2 3 4 5 - 6 7 8 - 9 - 10 . - 11

ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET

NUMBER DESCRIPTION UNIT NUMBER LMI vu TOTAL CDBGAMOUNT 'OTHER FUNDS 'SOURCE# PROG.INC.

1. 2. 3.

21A

14A

Administration

Rehab Single Unit Residential HU 33 33 4

TOTALS 33 33 4

* SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMN 9 & 10 ABOVE)

$ 5,414.36

33 $ 171,414.52

33 $ 176,828.88 $ 0.00 $

4. -----------

5. 6. 7. 8.

~ -

*Indian River County originally reported the total number of beneficiaries as the total number of people occupying all of the housing units. Based on recent communication with DCA staff,

the County has revised the total beneficiaries to represent the total number of housing units that benefited from the C,DBG funds.

4

0.00

Page 48: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

RECIPIENT CONTRACT NO.

Date Start Date End (month & (month &

year) year)

6/08 9/08

10/08 12/08

1/09 1/10

3/09 3/10

3/09 3/10

6/09 8/10

6/09 2/10

2/10 9/10

9/10 10/10

1/11 1/11

Line Item Total

ATTACHMENT B DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM

PROJECT WORK PLAN

Indian River County 08DB-D3-10-40-01-A12

DATE PREPARED PROJECT BUDGET $

Describe Proposed Action to be Undertaken or Contract Special Condition Clearance Documentation

to be submitted by "Date End"

Submit request for release of funds & environmental conditions

Develop record files/intake forms.

Housing client intake & selection, contractor selection, pre-construction surveys (lead, title, land survey, etc)

(sinqle family hardenin;i: roof, window shutters, and entry doors) Bid package approval

Advertise bids for construction (single family hardening)

Award of construction (all activities)

50% construction (all activities)

100% construction (all activities)

Finalize last contractor payments/final inspections

Submit administration closeout

1/27/11 $176,828.88

# Units to Proposed$$ be to be

completed Requested by by "Date "Date End"

End" $0

$0

$0

$0

$0

$0

15 $54,378.29

33 $ 83,787.15

$ 0

$33,249.08

33 $171,414.52

Note: More than one activity may be included per form. (Rev. Aug 2004)

.,1:::1,,. N>

5

Proposed Administration

$$ to be Requested by

"Date End" $0

$0

$0

$0

$0

$0

$5,414.36

$ 0

$ 0

$0

$5,414.36

Page 49: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

~

t ~ ~ =-i3 ~ = .... N

!

.,1:::. w

REQUEST FOR AMENDMENT (07.02)

Recipient: Indian River County Amendment Request Number:__,2~---~- Date: February 8, 2011

Contract Number: 08D6-D3-10-40-01-A 12 Rule in Effect for This Grant FFY 2005

Local Government Authorization: BCC Chairman (Authorized Signature) (Date Signed)

DCA Authorization (Authorized Signature) (Date Approved)

Budget Information Activity Accomplishments

Activity Activity Name Original Budget Current Budget Proposed Budget Original Contract Current Contract Proposed Contract Code (before this (before this

amendment) amendment)

1 2 3 4 5 6 7 8

21A Administration $5,414.36 $5,414.36 $5,414.36 na na na

Rehab Single Unit 14A Residential $171,454.89 $171,454.89 $171,414.52 6 Units 30 Units 33 Units

..

Totals $176,869.25 $176,869.25 $176,828.88

I

Page 50: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Beneficiaries*

Total Beneficiaries* I Low & Moderate Income* Very Low Income*

Activity I Activity I Original Current Proposed Original Proposed Original

I Proposed

Code Name # # # # % # % #

21A I Administration I n/a n/a n/a n/a n/a n/a n/a na

14A I Rehab Sin!lle Unit Residential I 6 30 33 6 100% 33 100% 0

20. Total# Unduplicated Beneficiaries*

21. Total# Unduplicated LMI Beneficiaries*

22. Total# Unduplicated VU Beneficiaries*

23. Total# Unduplicated LMI Households

24. Does this amendment reduce ANY other project funds previously committed as leverage from local or other sources? YES (If YES, you MUST complete and attach Source and Use of Funds form.)

% # %

na I na I na

0 I 4 I 7%

Original Proposed 13 __M

13 __M

0 __ 4

6 __M

NO . _X

*Indian River County originally reported the total number of beneficiaries as the total number of people occupying all of the housing units. Based on recent communication with DCA staff, the County

has revised the total beneficiaries to represent the total number of housing units that benefited from the CDBG funds.

.i::=.

.i::=.

7

Page 51: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SOURCE AND USE OF PROJECT FUNDS (07.02)

Source

1. CDBG Grant $176,828.88 State of Florida - DCA

2. $ 3. $

4. $

5. $

TOTAL OF ALL FUNDS $ 176,828.88

Sources of Project Funds Activity Name I CDBG I (2) I (3) I (4) I (5) I TOTALS

1

21A Administration $ 5,414.36 $ 5,414.36

14A Rehab Single Unit Residential $ 171,414.52 $ 171,414.52

TOTAL PROJECT COST $ 176,828.88 $ 176,828.88

This form must be completed when an amendment alters the amount, source or use of project funds OR when new activities will be funded from new funding

sources.

SOURCES OF PROJECT FUNDS: PARTICIPANT: Include such parties as recipient, other governments, participating parties and individual sources. In Housing and CR, sources like homeowner and commercial building owner contributions may be grouped together. AMOUNT: Dollar amount of contribution. SOURCE: Source of

funds; i.e., tax increment, FMHA grant, DOC grant, local government revenue, equity, loan (name of bank), etc.

USES OF PROJECT FUNDS: ACTIVITY NUMBER: Activity number reflected on award agreement Attachment A. ACTIVITY NAME: Activity name reflected on award agreement Attachment A. CDBG: Current CDBG budget from award agreement Attachment A. COLUMNS 1-5: Use of funds by activity for each of the

numbered sources reflected on top of form.

.i::=.. CJ"1

8

Page 52: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

06.10 New Closeout Forms.doc DEPARTMENT OF COMMUNITY AFFAIRS

FLORIDA SMALL CITIES CDBG, DISASTER RECOVERY AND NEIGHBORHOOD STABILIZATION PROGRAMS

CLOSEOUT (Revised 06.10)

Instructions

Closeout forms must be submitted to the Department of Community Affairs within 45 days after contract termination or expiration or upon completion of the project. The final Request for Funds must be submitted with the closeout since funds not requested will be deobligated at closeout. Any amendment needed to close out the contract should be submitted prior to submission of a closeout. Closeout requirements can be found in Rule 9B-43.0051 (5), F.A.C.

1. All grant recipients must complete the following sections:

SECTION A - CONTRACT INFORMATION SECTION E - STATUS OF ACCOMPLISHMENTS AND EXPENDITURES SECTION F - BENEFICIARY DATA SECTION I - CLOSEOUT APPROVAL

2. Section !l applies to commercial revitali:;mtion and neighborhood revitalization (public facilities and infrastructure) activities.

Section C relates only to commercial revitalization and economic development activities.

Section D relates to housing activities.

Section H relates only to disaster recovery program grants.

J. Section G should only be completed if property was purchased with grant funds.

4. Additional copies of forms may be made if there is insufficient space to enter the information that needs to be reported.

5. The Closeout Approval form must be signed by the Chief Elected Official or a member of local government staff, authorized by resolution or ordinance of the local governing authority, to sign CDBG contracts and related documents.

6. Submit only the pages applicable to your grant.

Please contact the CDBG Program at 850/487-3644 if you have questions about the closeout process.

Attachment 3 46

1

Page 53: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

FLORIDA SMALL CITIES CDBG, DISASTER RECOVERY AND NEIGHBORHOOD STABILIZATION CLOSEOUT (Revised 06.10)

Indicate Funding Source: [ ] Small Cities CDBG [ X] Disaster Recovery [ ] Neighborhood Stabilization

SECTION A- CONTRACT INFORMATION

Recipient: Contract Number: Beginning Ending Recipient's DUNS #: Date: Date:

Indian River County 08DB-D3-10-40-01A 12 6/26/08 12/26/10 079208989

Recipient's FEID #: County in which recipient Local Contact: Phone Number: 59-6000674 is located: 772-226-1254

Indian River County Robert M. Keating

Indicate how the project was carried out (admin and Grantee Contractors EJ c:on~truction): Employees

Indicate how beneficiary data was collected: II Census II Survey X I If location of activities changed, is a map included? II Yes II No X I Is a Property Management Register included? II Yes II No X I If an infrastructure project, is an engineer's certification included? II Yes NIA II No N/A I Was assistance (to beneficiaries) provided in the form of a loan or I Grant

I

Deferred, forgivable grant? loan X

Activity Purpose (Indicate all that apply):

Help Prevent _Homelessness? .

Yes No X

Help the Homeless? Yes No X

Help Those with HIV/ AIDS? Yes NoX

Help Persons with Disabilities? Yes X No

Special Characteristics (Check all that apply to the location of this activity)

Presidentially Declared Major Disaster Area Yes X No

Historic Preservation Area Yes No X

Brownfield Redevelopment Area? If yes, indicate the number of acres remediated. Yes No X

Conversion from Non-Residential to Residential Use Yes No X

List all other funds used to support the activities funded with this grant: N/A

I Source Amount

2 47

Page 54: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Local Funds (i.e., General Revenue) $

Grant(s) $

Private Funds (i.e., Participating Party, etc.) $

Loan(s) $

Other (Specify) $

Has a final Request for Funds been submitted? Yes X No

Will the project result in program income? Unless otherwise stated in contract, program Yes No X

income must be returned to the Department of Community Affairs.

If the project has generated program income, indicate amount: $ N/A

3

48

Page 55: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SECTION B - PUBLIC FACILITIES AND INFRASTRUCTURE

Tn '-~ . if ... ,.. .. ,,..,,. . ,..,.,,J..I~- L. . . . -· . .., .... _ ·-- ..

SECTION B Not Applicable NOT a Public Facilities or Infrastructure

now many were prov1ded w1tn new access to tn1s type ot taclllty or mtrastructure improvement? .

How many were provided with improved access to this type of facility or infrastructure improvement?

How many were provided with access to facility or infrastructure that is no longer substandard?

SECTION C - COMMERCIAL REVITALIZATION AND ECONOMIC DEVELOPMENT

*If reporting on commercial revitalization activities, respond only to items with an asterisk (*).

I *Total

II Number Expanding

I Number Relocating

New Businesses Assisted

Existi SECTION C Not Applicable Total NOT a Commercial or Economic Development

*Number of Business Facades/Buildings Rehabilitated

*Number of Businesses Assisted that Provide Goods or Services to Meet the Needs of a Service Area

*Specify DUNS # for Each Business Assisted:

• Name of Business(es) *DUNS#

4

49

Page 56: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SECTION C - COMMERCIAL REVITALIZATION AND ECONOMIC DEVELOPMENT (CONTINUED)

Job SECTION C Not Applicable

NOT a Commercial or Economic Development II II

w/Mod

I Actually Created

I I I Actually Retained

I I

Number of Jobs Created

Of Jobs Created, Number of Jobs With Employer Sponsored Health Care Benefits

Of Jobs Created, Number of Persons Unemployed-Prior to Taking Jobs Created Under this Activity

Number of Jobs Retained

Of Jobs Retained, Number of Jobs With Employer Sponsored Health Care Benefits

Types of Jobs Created/Retained

Job Category Number of Jobs Created Number of Jobs Retained

Officials and Managers

Professional

Technicians

Sales

Office and Clerical

I Craft Workers (Skilled) I I Operatives (Semi-Skilled) I Laborers (Unskilled)

Service Workers

5

50

Page 57: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SECTION D - HOUSING To be completed for housing activities. Accomplishments are measured by housing units; beneficiaries are measured by households assisted (rather than the number of persons in a household). (Race and ethnicity is determined by head of household.)

Income Levels I Owner II Renter II Total

4

J 21 II I 21

s I 8

Non-Low/ Moderate

Totals 33 33

Percent Low/ Mod 0/ 100%

Number of units made handicapped accessible 0 Number of units occupied by the elderly 14

Number of units designated for persons with HIV/AIDS including the chronically homeless N/A

Number of permanent housing units designated for homeless persons and families N/A

Number of substandard units brought up to local code or Housing Quality Standards N/A

Number of one-for-one replacements N/A

Number of permanent displacements/ relocations NIA

Number of years that affordability is guaranteed N/A

Number of pre-1978 units brought into compliance with lead safety requirements N/A

Number of units qualified as "Energy Star" N/A

Number of multi-family units rehabilitated NIA

Number of units created through conversion of Non-Residential to Residential Buildings NIA

Number of units designated as subsidized housing by a Federal, State or Local Program N/A

If new affordable housing units were created:

Number of units occupied by the elderly N/A

Number of households previously living in subsidized housing N/A

Number of years that affordability is guaranteed N/A

Number of One-for-One Replacement N/A

Number of units made handicapped accessible N/A

Number of units qualified as "Energy Star" N/A

6

51

Page 58: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Unit #

1

2

3

4

5

6

7

8

9

10

11

12

13

c:.TI N)

HOUSING BENEFIT FORM All grant recipients providing housing activities, including hookups, must complete this form. (Make copies of this page if necessary to report on units addressed.)

Owner or Name of Owner Name of Occupant Street, City and Zip Code Total Cost Total Cost of Total CDBG Date # of Bed-Renter (Last Name, First Initial) (Last Name, First Initial) (If replacement, new address.) of Rehab Replacement Funds Invested Completed rooms

Occupied (excluding costs (excluding costs charged to charged to

administration) administration)

Owner Grier, J 3469 44th Street $ 1,058.55 s $ 1,058.55 8/05/2009 3 Vero Beach, Fl. 32967

Owner Person. S 5855 59ili Court $ 8,618.25 s $ 8,618.25 7/29/2009 2 Vero Beach, Fl. 32967

Owner Fischer, C 7865 97th Court $1,611.02 s $1,611.02 8/06/2009 3 Vero Beach, Fl. 32967

Owner Justus, E 816 19'" Place SW $3,524.11 s $ 3,524.11 8/03/2009 3 Vero Beach, Fl. 32962

Owner Baker, S 416 16ili Street SW $4,023.70 s $ 4,023.70 8/05/2009 3 Vero Beach, Fl. 32962

Owner Walker, J 10080 90ili Street $ 1,242.01 s $ 1,242.01 7/28/2009 3 Vero Beach, Fl. 32967

Owner Wiliams, M 754 5w Place SW $ 14,047.40 s $ 14,047.40 6/24/2009 2 Vero Beach, Fl. 32962

Owner Brown, B 3970 45ili Place $2,320.75 s $2,320.75 9/15/2009 2 Vero Beach, Fl. 32967

Owner Everest, R 6035 6th Place $ 3,218.55 s $ 3,218.55 9/18/2009 3 Vero Beach, Fl. 32968

Owner Williams, c 2302 11 w Court SW $ 10,294.80 s $10,294.80 9/18/2009 3 Vero Beach, Fl. 32962

Owner Granite, L 1815 sow Ave. $2,276.10 s $ 2,276.10 8/26/2009 3 Vero Beach, Fl. 32966

Owner Dunn, R 1337 12th Ave. $2,245.40 s $ 2,245.40 9/15/2010 3 . Vero Beach, Fl. 32960

Owner Ewar, T 3821 44th Street $4,235.50 s $4,235.50 2/11/2010 2 Vero Beach, Fl. 32967

7

Page 59: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Unit #

14

15

16

17

18

19

20

21

22

23

24

25

26

27

CJ1 w

Owner or Renter

Occupied

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Owner

Name of Owner (Last Name, First Initial)

Council, E

Dillard, H

Barton, L.B.

Simmons, J

Fleming, T

Johnson, M

Bell, A

Bell, L

Rue, J

Butler, S

Johnson, S

Hinglebine, R

Raulerson, L

McKinney, C

Name of Occupant Street, City and Zip Code (Last Name, First Initial) (If replacement, new address.)

4711 30" Ave. Vero Beach, Fl. 32967

4726 28" Court Vero Beach, Fl. 32967

2836 48" Court Vreo Beach, Fl. 32967

1036 23rd Place s.w. Vero Beach, Fl. 32962

4445 28" Court Vero Beach, Fl. 32967

4855 32nd Ave. Vero Beach, Fl. 32967

4540 43rd Court Vero Beach, Fl. 32967

4440 35" Ave. Vero Beach, Fl. 32967

4409 35" Ave. Vero Beach, Fl. 32967

4800 1st Street S.W. Vero Beach, Fl. 32968

4826 33rd Ave Vero Beach, Fl. 32967

8615 97'" Court Vero Beach, Fl. 32967

1326 23rd Ave. S.W. Vero Beach, Fl. 32962

6000 8th Street Vero Beach, Fl. 3296R

Total Cost Total Cost of Total CDBG Date # of Bed-of Rehab Replacement Funds Invested Completed rooms

(excluding costs (excluding costs charged to charged to

administration) administration)

$4,815.55 $4,815.55 3/04/2010 2

$7,041.85 s S 7,041.85 4/13/2010 2

S 2,097.05 s S 2,097.05 1/26/2010 2

$3,104.60 $ $3,104.60 2/17/2010 2

S 2,873.20 $ $2,873.20 2/05/2010 2

$5,109.00 $ $5,109.00 6/01/2010 2

$ 6,630.00 s $ 6,630.00 4/21/2010 2

$ 6,997.20 $ $6,997.20 3/22/2010 2

$ 6,980.70 s $6,980.70 3/10/2010 2

$5,755.80 s S 5,755.80 2/25/2010 2

$ 2,226.10 $ $2,226.10 3/02/2010 2

$6,155.70 $ S 6,155.70 2/22/2010 3

$2,120.70 $ $2,120.70 3/19/2010 2

,

$ 5,377.55 $ $ 5,377.55 2/23/2010 2

Page 60: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Unit #

28

29

30

31

32

33

CJ"! .i::.

Owner or Renter

Occupied

Owner

Owner

Owner

Owner

Owner

Owner

Name of Owner Name of Occupant Street, City and Zip Code (Last Name, First Initial) (Last Name, First Initial) (If replacement, new address.)

Bryant, A 5795 59fu Court Vero Beach, Fl. 32967

Stevenson-Cobb, D 4385 23"' Court Vero Beach, Fl. 32967

Carlyle, J 4357 33rd Ave Vero Beach, Fl. 32967

Fersch, M 3515 69th Street Vero Beach; Fl. 32967

Brown, W 2334 1st Ave SE Vero Beach, Fl. 32962

Gillis, J 690 24fu Street S.W. Vero Beach, Fl. 32962

9

Total Cost Total Cost of Total CDBG Date #of Bed-of Rehab Replacement Funds- Invested Completed rooms

(excluding costs (excluding costs charged to charged to

administration) administration)

$6,577.60 S 6,577.60 6/03/2010 3

$ 5,689.05 S 5,689.05 6/14/2010 1

$ 5,730.80 s $ 5,730.80 8/31/2010 3

$ 11,818.55 s $11,818.55 9/24/2010 2

$ 8,361.65 s $8,361.65 9/29/2010 2

$ 7,235.73 s $ 7,235.73 8/31/2010 2

Page 61: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SECTION E - STATUS OF ACCOMPLISHMENTS AND EXPENDITURES All grant recipients must complete this form.

(A) (B) (C) (D) (F) (G) (H) (I) (J) Service Impacted Activity Activity Name CDBG Current CDBG Funds Final RFF At Other Area# Census # Accomplishments COBG Budget Received To Date Closeout Leverage

Tracts and (If Applicable) Funds Expended Block Proposed

Groups* (in initial I Completed contract)

NA I I 21A I Program 1uaa1 iA I NA I $5,414.36 I $5,414.36 I s NA Is NA Administration

NA I 501.00.8 I14A I Rehab Single Unit llllllllll 6 1 33 1 s171,454.89 1 s138,267.79 1 $33, 146.73** Is NA a_; . ~·" ,;,;q

503.02.1 Residential 503.02.2 503.02.3 503.02.4 506.02.1 506.03.3 506.06.1 506.06.3 506.06.4 507.01 .5 507.01 .6 507.02.2 507.03.2 508.04.2 508.04.3 509.01 .3 509.01 .4

TOTALS 11~.A:•~~-,{, ·, ~-,-~_,,& 1!%'t'i!·-~ 6 133 I s176,869.2s I s143,682.15 I $33, 146.73** I s

(K)Total CDBG Approved Budget (Column G) $176,869.25

(L)Total CDBG Funds Received To Date (Column H) $143,682.15

(M)Total Amount of Final RFF (Column I) $33,146. 73••

(N)Total Amount of CDBG Funds Requested (Line L +M) $176,828.88

(0) If Line (N) is greater than Line (K) enter the difference Refund Due to DCA s ---------------

(P) If Line (N) is less than Line (K) enter the difference Amount to be Deobligated $40.37

*Required field. Enter census tracts and block groups where activities took place even if census tract information was not used to determine LMI benefit. " Indian River County submitted its final request for funds for $33,146.73 to DCA via e-mail on Januar;y 3, 2011. As of January 26, 2011, the funds had not been wired to the County.

CJ1 CJ1

10

Page 62: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SECTION F - BENEFICIARY DATA (DO NOT ENTER ADMINISTRATION OR ENGINEERING ACTIV111ES; MAKE COPIES OF THIS PAGE IF NECESSARY.)

Activity # 14A Activity# Activity# Activity# Activity# Activity#

·• .. Proposed Served· Proposed Served Proposed Served Proposed Served Proposed Served Proposed Served

Total Beneficiaries* 30 33

Low and Moderate ( <=80%) 30 33 Beneficiaries*

Moderate Income NA 8 Beneficiaries*

Low Income (30-50%) NA 21 Beneficiaries* .

Extremely Low ( <=30%) NA 4 Beneficiaries•

Extremely Low Beneficiaries* NA 4

Disabled (if known) ----- -----Female Head of Household (if known) ----- -----Elderly (if known) ----- .

Enter number of persons by race and number that Total # of Total # of Total # of Total #of Total # of Total # of

are of Hispanic ethnicity. (Race and ethnicity for Hispanic Hispanic Hispanic Hispanic Hispanic Hispanic housing should be reported by head of household.) White 14 14

African American 19 19 .

Asian ----- -----

American Indian or Alaskan Native ----- -----Native Hawaiian Pacific Islander ----- -----

American Indian or Alaskan Native a White ----- -----Asian & White ----- -----African American and White ----- -----American Indian/ Alaskan Native & African ----- -----American Other Multi-racial ----- -----Totals (Equal to Actual Beneficiaries) 33 33

*With the last grant modification approved by DCA in April 2010, Indian River County originally reported the total number of beneficiaries as the total number of people occupying all of the housing units.

Based upon recent communication with DCA staff, the County has revised the total beneficiaries to represent the total number of housing units that benefited from the CDBG funds. An "NA" is inserted

under the "Proposed" column if the County had previously reported the number of beneficiaries to DCA as the total number of people occupying the proposed housing units and if the County has no way of

going back and guessing what it would have "proposed" at the time of the last grant modification.

CJl O')

11

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SECTION G - PROPERTY MANAGEMENT REGISTER (COMPLETE ONLY IF PROPERTY WAS PURCHASED WITH GRANT FUNDS)

CJ'1 -.J

Recipient

Contract Number

Description of Property or Type of Equipment

Identification Number

Date of Purchase or Acquisition

Total Cost of Property

CDBG Cost

CDBG % of Total Cost

Physical Location

Condition (New or Used)

Residual Value

Disposition Date

Disposition Amount

Method of Disposition

Contract End Date

Local Contact

1 2 3 4

SECTION G Not Applicable DID NOT Purchase Property with Grant Funds

12

5

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SECTION H - UNMET NEED - FOR DISASTER RECOVERY GRANTS ONLY

Activity# Activity Name Units Needed Funds Needed Funds Available

NA NA NA NA NA

13

58

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0

SECTION I - CLOSEOUT APPROVAL All grant recipients must complete this form.

I certify that, to the best of my knowledge, all activities undertaken by the Recipient with funds under this grant agreement have been carried out in accordance with the grant agreement, that proper provision has been made for the payment of all paid costs identified; that the State of Florida is under no obligation to make further payment to the Recipient under the grant agreement in excess of the amount identified on Line K of the STATUS OF ACCOMPLISHMENTS AND EXPENDITURES form submitted with this closeout package; that every statement and amount set forth in this instrument is true and correct as of this date; that all required audits as of this date have been submitted and approved; and I acknowledge that the DCA reserves the right to recover any disallowed costs identified in an audit completed after this closeout.

Chief Elected Official

Signature

Bob Solari, Board of County Commissioners Chairman Name and Title

Indian River County Local Government

Date

For DCA use only:

Approval of this Closeout Package authorizes the deobligation of unexpended CDBG contract funds in the

amount of$ --------Division of Housing and Community Development DCA Finance and Accounting Section

Name and Title Name and Title

Date Date

F:\Community Development\CDBG\DRI Wilma\Closeout\FINAL Closeout 6: Amendment Forms\CloseoutDocuments for IRC Hurricane Wilma CDBG.docx

13

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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: CONSENT AGENDA

Joseph A. Baird, County Administrator

FROM: Christopher R. Mora. P.E., Public Works Director C-r-r-SUBJECT: Professional Service Agreement with G.K. Environmental, Inc. for: Vero Beach

Sports Village (fka Dodgertown) Property Exchange, Phase 1/Environmental Site Assessment with Preliminary Wetland & Endangered Species Survey

DATE: January 31, 2011

DESCRIPTION AND CONDITIONS

On January 11, 2011 there was a joint meeting of the Board of County Commissioners and the Vero Beach City Council to discuss the exchange of City-owned and County owned properties at Vero Beach Sports Village. Pursuant to this property exchange, G.K. Environmental, Inc. has been requested to provide a proposal to perform environmental services as required for State and Federal Environmental Resources permits. The work would be for a Phase 1 environmental site assessment with a preliminary wetland and endangered species survey.

G.K. Environmental, Inc. has submitted a proposal in the total amount of $2,850.00, for the required Environmental Site Assessment and reports.

RECOMMENDATION and FUNDING

Staff recommends approval of the attached Professional Service Agreement, for the lump sum fee of $2,850.00,i authorizing the above-mentioned project, as outlined in the attached description of services, and requests the Board to authorize the Chairman to execute the attached Agreement on their behalf. Funding is budgeted and available through Optional Sales Tax - Parks Account #31521072-066510-11002 Vero Beach Sports Village.

ATTACHMENTS

G.K. Environmental, Inc. Professional Service Agreement

DISTRIBUTION

Jason Brown, Director, Office of Management & Budget

George R. Kulczycki, President, G.K. Environmental, Inc.

APPROVED AGENDA ITEM

2/8/11

BY

Indian River County

Administration

Budaet

Leoal

Public Works

Approved --\ ~ ,

~

n ,. }-

~

ublic Works\Luanne M\Agenda ltems\VB Sports Village Prof Svc Agrmt GK Env 02-08-11.doc

Date

;.,}i>)JJ -z./4 II 2~2-(/ ;z. - ;;z - II

60

Page 67: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

G. K. ENVIRONMENTAL, INC. Environmental Consulting

GEORGE R. KULCZYCKI, CEC, CES, CE! 155 McKee Lane

AGENDA COPY

Mr. Chris Mora, P.E. Public Works Director Indian River County Engineering 1801 2yth Street

· Vero Beach, Florida 32960-3388

Vero Beach, FL 32960 Phone 772-567-9129 Fax 772-567-6245

January 29, 2011

RE: Professional Service Agreement for: Dodgertown: Property Exchange Pond Phase I / Environmental Site Assessment with Preliminary Wetland & Endangered Species Survey

Dear Chris,

This letter is in response to the requested proposal in work order format for the above referenced project in Indian River County, Florida, for environmental services as generally required for State and Federal Environmental Resource / Individual Permits. G. K. Environmental, Inc. (GKE) will be pleased to provide this scope of service with task completed under this contract and which is briefly outlined below:

TASKI

1.0 PHASE I AUDIT/ ENVIRONMENTAL SITE ASSESSMENT with Preliminary Endangered & Threatened and Wetland Survey(12.0 ac. site)

(Lump Sum $2,850.00)

GKE will be pleased to provide a Phase I Audit / Environmental Site Assessment (ESA) service (in accordance with ASTM-1527-05 standards) and a report of findings. This reporl will address any recorded historic impacts to the subject properly related to potential I existing hazardous waste issues including the following items:

1.1 Preliminary site inspection of readily accessible property and adjacent property(s) for apparent above ground hazardous waste conditions.

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1.2 Site review with the Indian River County Community Development Office staff and Indian River County Health Department Office Staff (readily available) regarding historic site usage and any recorded contaminations I violations.

1.3 Review of Indian River County's current and historical aerials regarding existing and historic site usage.

1.4 Provide a comprehensive Federal and State historical records review and written report (through the Environmental Data Resources, Inc.) of a one-mile radius of the property, which will provide information on recorded environmental hazards.

1.5 Discussions/ interviews with adjacent, existing, and/or previous property owner(s), if readily available and contact information is provided.

1.6 Provide preliminary wetland and endangered & threatened species survey of the subject property, including a brief discussion of environmental permitting if necessary.

1. 7 Review of Indian River County soil survey for site.

1.8 Provide two copies of a written report concerning the apparent condition of the property resulting from the above investigation.

*

*

*

*

OWNER / CLIENT RESPONSIBILITIES

Please provide an explanation of the proposed / intended use.

Please provide the property owner's name and phone number(s), or name of someone knowledgeable about the property's history and their phone number(s), if an interview is needed and/or access to the property is necessary.

Please provide any additional information you may have and/or purchaser/ user may have, regarding this site as it relates to this Phase I audit and scope of services.

Please provide a copy of property survey(s) / location map.

TOTAL COST AS OUTLINED ABOVE ................................ . $ 2,850.00

Page2of4 Mora I GKE I Proposal / Dodgertown Exchange Pond

6 2 1-29-11

Page 69: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

NOTE: Task I will be completed within 15 days of approval or sooner if required.

GKE FEES/ COMPENSATION

Invoices will be submitted following work completed at GKE hourly rates or as may be noted for each Task are payable within 45 days of date of invoice(s). GKE hourly rates (2011) are $110.00 / hour for Principal Ecologist and $35.00 / hour for administrative / staff assistance, and if needed $75.00 / hour for CAD operator and $65.00 I hour for field biologist/ chemist / field assistant.

Your endorsement below will serve as agreement by client to compensate G. K. Environmental, Inc. for services rendered in connection with this agreement within forty-five (45) days of date of invoice(s).

Page 3 of4 Mora/ GKE / Proposal / Dodgertown Exchange Pond

6 3 1-29-11

Page 70: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

IN WITNESS WHEREOF the parties hereto have executed these presents this ____ day of ________ 2011.

OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature)

Bob Solari, Chairman

Approved by BCC ______ _

ATTEST: Clerk of Circuit Court

Deputy Clerk

Approved as to Form~nd~I Sufficiency:

r _ I/Ille -l _tJ/11_/ ~J, Alan S. Polackwich, Sr., County Attorney

r

G.K. Environmental, Inc.

George R. Kulczycki. President (Printed name and title)

Witnessed by:

(Printed name)

YE£ 11/lllt.S E

(Printed name)

~~,

Page 4 of 4 Mora/ GKE / Proposal / Dodgertown Exchange Pond

6 4 1-29-11

Page 71: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Date:

To:

Through:

Through:

From:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Department of Public Works Division of Facilities Management

January 31, 2011

The Honorable Board of County Commissioners

Joseph A. Baird, County Administrator

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

Lynn Williams, Facilities Manager/Project Manager ~ RFQ 2011020 Design Services for Jail F'

BACKGROUND:

Indian River County Purchasing Division issued a Request for Qualifications (RFQ 2011020), soliciting submittals from qualified engineering firms to perform design services required to replace the existing fire alarm at the Indian River County Jail. Responses were received by the Purchasing Division on October 29, 2010, and distributed to the selection committee on November 19, 2010. The shortlist of the selection committee was approved by the Board (lte-m 8E consent agenda) on December 21, 2010._ _ _ _

~--

Staff negotiated the attached scope of services and agreement with Hughes Associates, Inc. of Orlando. The proposal calls for design, bidding and contract administration services to complete the design of a new fire alarm system for the Indian River County Jail. The total for the agreement is $44,226.00. ·

RECOMMENDATION:

Staff recommends that the Board approve the Agreement for design services with Hughes and allow staff to issue a notice to proceed with design. Funding for this project is available in Account #31522019-066510-10010, Optional Sales Tax/Facilities Maint/Jail Fire Alarm System. For Fiscal Year 2010-11, $250,000 has been budgeted for this project.

ATTACHMENTS: Agreement with Hughes Associates, Inc.

Approved Agenda Item

For: 2/08/2011

Indian River Co.

Administration County Attorney Budget Department Division

App~ved Date

A ~ al3/ ti ,. :- ;;' 2,--z.._ I f A- 'J/-,Jn

( ,;,..,,i,_, I J°-:z'-ll ,jaj z., f .,___

,/ ,

Risk Manage, -11.tu~~ 1n-,1,-1I

F:\Public Works\Luanne M\Facilities Management\Jail\Jail Fire Alarm Design Services Agenda memo for BCC 01-0R-11 rlnr.

65

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)

AGREEMENT FOR FIRE ALARM DESIGN SERVICES

THIS AGREEMENT made and entered into this __ day of February, 2011, by and between HAI, Inc., a Maryland Corporation d/b/a Hughes Associates, Inc., 303 East Par Street Orlando, FL 32804 hereinafter called the Engineer and Indian River County, a political subdivision of the State of Florida, 1801 27

th Street, Vero

Beach, Florida 32960, herein after called the County.

WITNESSETH:

WHEREAS, County owns and operates the Indian River County Jail; and

WHEREAS, the applicable code requires the jail to be equipped with a fire alarm system; and

WHEREAS, County put out a Request for Qualifications to ·update, improve and replace the existing fire alarm system; and

WHEREAS, after opening the Qualifications received, County selected Engineer as the most qualified applicant; and

WHEREAS, County and Engineer desire to set forth the terms of the Agreement in writing for approval by Engineer and County.

NOW, THEREFORE, the County and the Engineer, in consideration of their mutual covenants, herein agree with respect to the performance of professional engineering and related services by or through the Engineer and the payment for those services by the County as set forth below.

The above recitations are true and correct.

The Engineer shall provide professional engineering and related services to the County for the project described in Section I - Project Limits, Scope of Work and Description of Services; and shall give professional engineering advice and opinions to the County during the performance of the services to be rendered.

SECTION I - PROJECT LIMITS, SCOPE OF WORK AND DESCRIPTION OF SERVICES

Engineer's services are required for professional engineering services in order to design an upgrade/replacement of the fire alarm system for the Indian River County Jail. The Engineer agrees to perform professional services for preparation of design documents, bidding, construction supervision, testing phase and expenses in connection with the project as required and set forth in the following:

Task 1- Design Documents ($32,536)

• Visit project site to become familiar with the building and to evaluate the existing fire alarm system and building features and to identify any physical constraints that may affect the design or installation of a cost effective fire alarm system.

• Review the original as-built drawings, as available. • Prepare background drawings of the building to a level of detail needed to design the fire

alarm system. The background drawings will be in AutoCAD 2010 format, based on the as-built drawings provide in pdf format.

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• Identify and document fire alarm and sprinkler system interfaces that will need to be connected to the new system, as follows:

Electronically released door locks Magnetic door hold-open circuits Elevator recall Elevator shunt trip (if provided) Duct smoke detection HV AC fan controls Fire and/or smoke detectors Smoke control system * Emergency generator status (if applicable) Sprinkler system tamper switches Sprinkler system waterflow switches

*This proposal assumes the smoke control system is operational and the fire alarm system will only duplicate the present sequence of operations and replace old interface modules/relays with new. Engineer accepts no responsibility for the functionality of the system or for any variations of the sequence of operations from those provided in the original specification, as provided to Engineer.

• Identify locations for new fire alarm system panel, riser, devices, appliances and related equipment.

• Prepare design drawings and specifications for the installation of the new addressable fire alarm system in accordance with NFP A 72 and the Florida Fire Prevention Code.

• Prepare the following specification sections: A. Section 0 1731: Cutting and Patching B. Section 13 851: Automatic Fire Alarm and Emergency Voice Communication

System • Participate in one design review meeting with the Fire Marshall to review the proposed

design.

Task 2 Bidding {$3,200)

• Participate in one (1) pre-bid meeting and walk-through of the facility with prospective bidders.

• Respond to Requests for Information from prospective bidders during the bid phase. • Review bids and assist the County in procuring a successful contractor.

Task 3 Construction Administration {$7,590)

• Provide two reviews of the contractor's submittal package. Prepare review comments. • Respond to Requests for Information (RFI) from fire alarm system contractor during the

installation phase. • Conduct one site visit to evaluate the progress of work and identify/address any issues of

concern. • Provide on review of the as-built drawings, to be prepared by the Fire Alarm Contractor

following completion of the fire alarm system installation. Prepare a letter report addressing any questions or concerns related to the as-built drawing review.

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Task 4 Testing Phase (n/a)

Services for testing and commissioning of the fire alarm system are not included in this agreement. These services can be provided on a time and material basis if requested.

Expenses- ($900) Reproduction expenses will be billed at cost.

A. General I. The Engineer will endeavor not to duplicate any previous work done on the project. After

issuance of written authorization to proceed, the Engineer shall consult with the County to clarify and define the County's requirements for the project and review available data.

2. In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the Engineer will observe the following requirements:

a. The Engineer will complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers, draftsmen, and other employees on the project. ·

b. The Engineer will cooperate with the County in order that all •work may be properly scheduled and coordinated.

c. The Engineer shall report the status of this project to the County or its designee upon request and hold all drawings, calculations and related work open to the inspection of the County or its authorized agent at any time, upon reasonable request.

3. Compensation to the Engineer for basic services shall be in accordance with the amounts as shown following each task listed above.

SECTION II - COUNTY OBLIGATIONS

The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the Engineer may use and reasonably rely upon:

A. Provide the Engineer with all available drawings, and other documents in the possession of the County pertinent to the project.

B. The County shall make provisions for the Engineer to enter upon public property as required for the Engineer to perform his services.

SECTION III - TIME FOR COMPLETION

The time for completion of the tasks shall be 120 days from receipt of the Notice to Proceed.

SECTION IV - COMPENSATION

Engineer, as an independent Contractor and not as an employee of the County, shall furnish, for the sum of Forty-four thousand two hundred twenty six dollars ($44,226), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents.

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SECTION V -AMENDMENTS OR ADDITIONAL WORK

In the event changes or modifications, such as additions or deletions, become desired by the County, those changes shall he the subject of a separate fee schedule included in the work order approved by the Board of County Commissioners or the County Administrator. Additional services include, but are not limited to the following:

• Meetings and site visits in addition to those included in the scope of work above. • Testing of smoke control system.

SECTION V - PAYMENTS

The County shall pay the Engineer monthly progress payments for all work included and completed in accordance with this Agreement. The Engineer shall provide a description of work completed with each pay request. Reimbursable expenses (actual cost) may be billed with each pay request. Payment shall be made pursuant to the Local Government Prompt Payment Act, Florida Statute 218.70 et seq.

SECTION VI - RIGHT OF DECISIONS

All services shall be performed by the Engineer to the satisfaction of the Facilities Manager as Representative of the County who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Facilities Manager's decision upon all claims questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable.

Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the Facilities Manager. In the event that the Engineer does not concur in the judgment of the Facilities Manager as to any decisions made by him, he shall present his Written objections to the County Administrator, and the Facilities Manager and the Engineer shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable.

SECTION VII-OWNERSHIP, REUSE AND CONFIDENTIALITY OF DOCUMENTS

A. Ownership All reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the Engineer for the purpose of this Agreement shall become the property of the County and shall be made available by the Engineer at any time upon request of the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Facilities Manager.

B. Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the County or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the County and the Engineer. The Engineer shall not be held liable for any reuse of the Documents and shall not be held liable for any modifications made to the documents by others.

C. Confidentiality of Documents

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Engineer may use, review or create documents that are both confidential under Florida Law or exempt from release under the Public Records law, Florida Statutes Chapter 119. Engineer shall abide by the applicable laws and direct any questions concerning the release of information to the Facilities Manager prior to release of the information.

SECTION VIII - NOTICES

Any notices, reports or other written communications from the Engineer to the County shall be considered delivered when sent by certified mail or delivered in person to the Facilities Manager. Any notices, reports or other connnunications from the County to the Engineer shall be considered delivered when sent by certified mail to the Engineer at the last address left on file with the County or delivered in person to said Engineer or his authorized representative. In person deliveries shall be evident by signed receipts.

SECTION IX - TERMINATION

The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. The County may, for public convenience, terminate this Agreement at any time provided seven (7) days written notice is given to the Engineer. In the event of any terminations, the Engineer will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination.

SECTION X - SUBLETTING

The Engineer shall not sublet, assign, or transfer any work under this Agreement without the written consent of the County.

SECTION XI - INSURANCE AND INDEMNIFICATION

During the performance of the work covered by this Agreement, the Engineer shall provide the County with evidence that the Engineer has obtained and maintains the insurance listed below:

A. Engineer shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Engineer, his agents, representatives, employees, and in accordance with subclause H, subconsultants. The cost of such insurance shall be included in the Engineer'S fee.

B. Minimum Scope ofinsurance

1. Worker's Compensation as required by the State of Florida.

2. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. County shall be an additional insured.

3. Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles.

4. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by Engineer with a limit of $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business

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interruption, cost of replacement power, and other special, indirect and consequential damages.

C. Engineer's applicable insurance coverage shall be primary.

D. All above insurance policies shall be placed with insurers with a Best's rating of no less than A VII. The insurer chosen shall also be licensed to do business in Florida.

E. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims made basis.

F. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Manager.

G. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days' written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance.

H. Engineer shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

I. Engineer shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement. ·

SECTION XIl - ENTIRETY OF AGREEMENT

This writing embodies the entire AGREEMENT and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. This agreement may be modified by only written addendum to include additional work. The addendum shall include the negotiated fee for work to be included in the addendum. In addition to this agreement the following shall be considered as if attached:

• RFQ 2011020 and all documents submitted with said RFQ.

SECTION XITI- GENERAL

The Engineer hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same in the time limit specified herein in accordance with the REQUEST FOR QUALIFICATIONS 2011020.

The County and Engineer agree to maintain records, invoices, and payments for the work.

Any clause or section of this Agreement 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.

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SECTION XN - ACCEPTANCE AND FINAL PAYMENT

When the work provided for nnder this Agreement has been completed, in accordance with the terms thereof, the final payment request shall be accompanied by a Certificate of Acceptance issued by the Facilities Manager, stating that the work has been completed to his satisfaction, in compliance with the Agreement.

In accordance with the Florida Prompt Payment Act, after receipt of the Facilities Manager final acceptance by the County, the County shall make payment to the Engineer in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the Engineer shall release the County from all claims or liabilities to the Engineer in connection with this Contract.

SECTION XV - VENUE

This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

IN WITNESS WHEREOF the parties hereto have executed these presents this ____ day of

---------~2011.

HAI,INC. d/b/aHUGHES ASSOCIATES, INC.

By: Printed Name: ------------Its: -------------

WITNESSED BY:

Printed Name: -------

'William K. DeBraal Deputy County Attorney

Approved:

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By: ____________ _ Bob Solari, Chairman

Approved on: _________ _

Attest: Jeffrey K. Barton, Clerk of Circuit Court

By: ____________ _ Deputy Clerk

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To:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board of County Commissio

CONSENT

From: Jason E. Brown Director, Office of Man

Date: February 2, 2011

Subject: Miscellaneous Budget Amendment 007

Description_and Conditions

The attached budget amendment appropriates funding necessary for the following:

1. The County's Antivirus and Antispam package contracts are in need of renewal. The attached entry appropriates funding in the amount of $17,000 from General Fund Reserve for Contingency.

2. The Telecommunications department is in need of various equipment to assure continued operation of the County's fiber optic network. The attached entry appropriates funding in the amount of $7,311 from M.S.T.U. Fund Reserve for Contingency.

3. On February 1, 2011 the Board of County Commissioners approved the condemnation, demolition, and removal of three unsafe structures. The attached entry appropriates funding in the amount of$8,900 from M.S.T.U. Fund Reserve for Contingency.

4. Indian River County libraries have received donations totaling $15,489. The attached entry appropriates these donations.

5. On January 18, 2011 the Board of County Commissioners approved the transfer of a truck from the SWDD department to the Traffic Engineering department. The attached entry appropriates funding for this expenditure in the amount of $8,307 from Transportation Fund Reserve for Contingency.

6. The Community Transportation Coordinator is in receipt of various grants including the Section 5307 Grant in the amount of $279,776, the Section 5311 Grant in the amount of $57,177, and the FOOT Corridor Grant in the amount of $148,850. The attached entry appropriates funding for the grant matches in the amount of $485,803. Additionally, unexpended funds from the previous year need to be rolled over into the current fiscal year for operations, bus advertising expenses, and various capital items.

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Board of County Commissioners February 2, 2011 Page 2 of 2

7. The fueling software in the Fleet department has failed and needed to be replaced on an emergency basis. The attached entry appropriates funding in the amount of $42,000.

Staff Recommendation

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

Attachments

Budget Resolution

APPROVED AGENDA ITEM:

F February 8. 2011

Indian River County Approved Date

Administrator

County Attorney

Budget II

Department

Risk Management

74

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Exhibit "A" Resolution No. 2011-

~ Budget Office Approval: 1/11" Budget Amendment: 007

Jasoi'l E. I rown, fBudget DirecDr

' Entry Fund/ Departm~Account Name Number

Account Number Increase Decrease

1- Expense

General Fund/Computer Services/Computer Software 00124113-035120 $17,000 $0

General Fund/Reserve for Contingency 00119981-099910 $0 $17,000 .

2. Expense

M.S.T.U. Fund/Telecommunications/Other Professional 00423437-033190 $4,576 $0

Servics

M.S.T.U. Fund/Telecommunications/Office Supplies 00423437-035110 $235 $0

M.S.T.U. Fund/Telecommunications/Computer 00423437-035130 $2,500 $0

Hardware Upgrade

M.S.T.U. Fund/Reserve for Contingency 00419981-099910 $0 $7,311

3. Expense

M.S.T.U. Fund/Road & Bridge/Other Contractual 00421441-033490 $8,900 $0

Services

M.S.T.U. Fund/Reserve for Contingency 00419981-099910 $0 $8,900

4. Revenues

General Fund/Miscellanoeus/Donations Main Library 001038-366095 $14,616 $0

General Fund/Miscellanoeus/Donations-Books Main 001038,366103 $229 $0

Library

General Fund/Miscellanoeus/Donations North County 001038-366100 $517 $0

Library

General Fund/Miscellanoeus/Donations-Books North 001038-366097 $127 $0

County Library

Expenses

General Fund/Main Library/Telephone 00110971-034110 $5,331 $0

General Fund/Main Library/Books 00110971-035450 $2,514 $0

General Fund/Main Library/Subscriptions 00110971-035460 $5,000 $0

General Fund/Main Library/Programs 00110971-038190 $2,000 $0

General Fund/North County Library/Books 00111271-035450 $44 $0

General Fund/North County Library/Audio Visual 00111271-035480 $600 $0

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Resolution No. 2011- {IA-Budget Office Approval:

I Budget Amendment: 007

Jason E. Brown Budget Director

J Entry Fund/ Depart \iln'ttAccount Name Account Number Increase Decrease

Number .

5. Expenses

Transportation FundfTraffic Engineering/Automotive 11124541-0(,6420 $7,869 $0

Transportation Fund/Reserve for Contingency 11119981-099910 $0 $7,869 .

6. Revenues

General Government/Intergovernmental/FT A Section 001033-331410 $279,776 $0 5307

General Government/Intergovernmental/Section 5311 001033-331423 $57,177 $0

General Government/lntergovernmental/FDOT Transit Corrielor

001033-334407 $148,850 $0

General Fund/Non-Revenue/Cash Forward-October 1 001039-389040 $232,303 $0

Expenses

General Services/Agencies/Community Transportation Coordinator

00111041-088230-54001 $718,106 $0

7. Revenues

Fleet Fund/Service Charges/Fuel 501034-395013 $42,000 $0

Expenses

Fleet FundNehicle Maintenance/Computer Software 50124291-035120 $42,000 $0

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~beriff DERYL LOAR • INDIAN RIVER COUNIY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION

9A

4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE .(772) 569-6700

February 2, 2011

The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388

Dear Chairman Solari:

I am requesting that $4,771.00 from our Sex Offender Fee Fund be used to purchase much needed sex offender tracking software. It will greatly assist in this type of covert operations.

Please place this item under Constitutional Officers for the February 8th board agenda. If you have any questions or require additional information, please contact me at 978-6406.

Sincerely,

Dery! Loar, S~ ~

~omptroller

cc: Joseph Baird, County Administrator Jason Brown, 0MB Director

The 173rd Internationally Accredited Law Enforcement Agency A.-. ... .-.a.,U+.ail hu -tho r'.o.mmio;i"inn nn Arrr1>-,lif9tinn fnr T .9UT li'.nfnrrP.mPnt A.aPnl".iP<ii:.. Tnrnrnnrat.eil

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/Dt.,,1-PUBLIC NOTICE

(INFORMATIONAL) NOTICE OF POSTPONEMENT

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird, County Administrator

TMENT HEAD CONCURRENCE:

Robert M. Keating, AIC Comm · Development Director

THROUGH: Stan Bol~CP; Planning Director

--<IJM. FROM: John W. McCoy, AICP, ~cior Planner

DATE: February 2, 2011

SUBJECT: Notice of Postponement

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 2011.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing items that were scheduled to come before the Board. February 8, 2011 have been postponed at request of the applicant. The Board will be notified when these items have been rescheduled.

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:

No action is needed at this time.

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

F:\Cornrnu1 1ty Development\Users\CurDev\public hearings\BCC\201 J\2-8-11 PH hearings postponed.rtf 78

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INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Joseph A. Baird; County Administrator

THROUGH: Sasan Rohani, AICP 5 4 Chief, Long-Range Planning

FROM: Bill Schutt, AICP '£ ~ Senior Economic Development Planner

DATE: January31,2011

Departmental Matters

SUBJECT: CONSIDERATION OF APPLYING FOR A NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT BLOCK GRANT

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 2011.

INTRODUCTION

As part of its effort to assist local governments in their recovery from the ongoing effects of the economic and housing crisis, the federal government enacted the Wall Street Reform and Consumer Protection Act of 2010, Public Law 111-203, also referred to as the Dodd-Frank Act. Included as part of that act is an allocation of $1 billion in Community Development Block Grant (CDBG) funds under the Neighborhood Stabilization Program (NSP) for every state and for 233 local jurisdictions and territories throughout the country to purchase and redevelop abandoned, vacant, and foreclosed properties.

This is Congress's 3rd allocation of funds to the NSP; as such, this allocation is commonly referred to as NSP3. Previous allocations to the NSP were made by Congress in 2008 (NSPI) and in 2009 (NSP2). While L-ldian River County was awarded and is currently using $4,680,825

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in NSP 1 funds to purchase and rehab residential units, the County did not receive funding from NSP2.

Of the $1 billion in NSP3 funds, $1,500,428 is earmarked by the Department of Housing and Urban Development (HUD) for Indian River County. The specific allocation of NSP3 funds among the states, local jurisdictions and territories is based on a formula that takes into account the number of foreclosures, number of loans in default, number of loans delinquent, and the number of subprime loans within a community.

While $1,500,428 is earmarked for Indian River County, those funds are available to the county only through a formal application and award process through HUD. That process involves preparing an Abbreviated Action Plan that identifies a target area where housing purchases and rehabilitations will take place; identifies the amount of NSP3 funds to be used to purchase and rehabilitate homes to be used for low income housing; and identifies the amount of NSP3 funds to be used to purchase and rehabilitate homes to be used by moderate income persons.

ANALYSIS

Overall, the rules and regulations for NSP3 are structured much like the rules and regulations for NSPI. There are, however, some key· differences between how target areas were selected for NSPl and how target areas must be selected for NSP3. These differences will make NSP3 a more effective program, but will present a challenge for localities.

Under NSPl, Indian River County received a $4.6 million allocation to purchase and redevelop abandoned, vacant, and foreclosed properties. With that program, the County identified most of the mainland portion of the County as the target area for selecting and rehabilitating homes. In partnership with the Treasure Coast Homeless Services Council and the Indian River County Housing Authority, the County has thus far acquired and has or is rehabilitating 30 homes for sale and rent to income qualified households.

Since initiation of NSP 1, HUD has realized that some of the NSP 1 rules and requirements for selection of target areas were written too loosely. Consequently, NSP3 requires a much more focused approach at both the state and local levels, in order to make the greatest impact with limited federal funds. Under NSP3, the county must analyze market and foreclosure data to identify a small enough target area where NSP3 funds can provide a visible impact to the community. To assist communities in identifying these areas, HUD is providing a combined mapping and data website that allows applicants to select various target areas and review housing statistics for those areas. Those statistics include the number of foreclosure starts in the past year, total housing units that received mortgages between 2004 and 2007, number of Real Estate Owned (REO) housing units between July 2009 - June 2010, and the estimated number of properties needed to make an impact.

As with the NSPl program, the NSP3 program has tight time frames for communities to operate under. For NSP3, the County must prepare its Abbreviated Action Plan; make that plan available for public comment for a minimum of 15 days; and submit that plan to HUD by March 1, 2011. Following local CDBG citizen participation rules, the County must hold a public

2 80

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hearing to take public comment on the Abbreviated Action Plan. The County also will need to review the NSP3 program with the NSP Citizens Advisory Task Force (CATF) and obtain their comrrients.

Thus far, County Community Development Department staff has contacted local housing agencies that are currently working with the County with NSPl and also those that expressed an initial interest in working with the County during the NSPI. Those agencies are the Treasure Coast Homeless Services Council, the Indian River County Housing Authority, and the Indian River Habitat for Humanity. Both the Indian River County Housing Authority and the Indian River Habitat for Humanity have expressed an interest in participating in the NSP3. The Treasure Coast Homeless Services Council has declined to participate (see attachment 1 ).

Recently, County staff met with staff from both of the interested housing agencies to discuss a potential NSP3 target area and to discuss their potential strategies. As a result of that meeting, a CATF meeting has tentatively been set for February 14, 2011, and a Public Hearing before the Board of County Commissioners has been set for February 15, 2011. For the County to participate in NSP3, County staff will need to finalize an Abbreviated Action Plan for review by the CATF and BCC at these meetings.

With NSPl, there were a number of issues that made the program difficult to Administer. Among those issues, the most problematic was that funding passed through the state (Department of Community Affairs). Because the state was unprepared to administer the program, there were significant delays in approving applications and releasing funds; there were inconsistent interpretations; and there were problems with program administration.

NSP3 is different. In this case, funding will be provided directly from HUD, an agency more organized and responsive than DCA. Even more importantly, the County now has experience with NSPl which will make administration of NSP3 easier. In fact, staff proposes to manage NSP3 in house, instead of using a consultant as with NSP 1. Finally, it is important to note that NSP3 is structured to be a more focused and effective program than NSP 1.

At this time, County staff is requesting the Board of County Commissioners provide direction on whether or not it wishes to proceed with the development of a formal NSP3 Abbreviated Action Plan and a formal NSP3 funding application.

Funding

According to HUD, the total amount of the NSP3 CDBG funding allocated to the County is $1,500,428. There is no local funding match required for NSP3. Of the total $1.5 million, up to $150,042.80 may be used for grant administration expenses. At least $375,107.00 must be used to benefit households below 50% of Area Median Income (AMI), while the remainder must benefit households at or below 120% AMI. All costs associated with this grant may be charged directly to the grant, including pre-award costs for preparation of the grant application.

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RECOMMENDATION

Staff recommends that the Board of County Commissioners authorize County staff to proceed with preparation of a formal NSP3 Abbreviated Action Plan and a formal application for the NSP3 funds.

ATTACHMENTS

1.) Correspondence from area Nonprofit Housing Agencies 2.) Indian River County Budget Office Grant Form

Indian River Co. Approved Date - Approved Agenda Item:

Admin. ( l' Q' ~I :? J 1/ Legal \oJ' 0

,

"' ,2 7 ,, Budget h- z, ·2..., II Dept. /I ,11 t.l '/ ,

'I l

Risk Mgr. • •

F:\Community Development\CDBG\2010 NSP\BCC ltems\BCC Memo - Consideration of Applying forNSP3.doc

4 82

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December 2, 2010

INDIAN RIVER COUNT HOUSIN A 1 028 20th Place

Vero Beach~ FL 32960-3365 Office: (772) 770-5010 Fax: (772) 770-5378

Letter of Interest

Robert M. Keating, Director Department of Community Development 1801 27th Street, Building A Vero Beach, FL 32967

Dear Mr. Keating:

The Indian River County Housing Authority wishes to convey, by this Letter of Interest, its desire to learn more about the third round of Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) funding. The Housing Authority understands that specifics of the NSP 3 CDBG program are as yet unavailable and that details will be provided through the Community Development Department as they become available with interested agencies.

The Housing Authority has been advised that $1,500,428 of possible funding will be distributed by the County through a competitive application process to local eligible housing and non-profit agencies. Much like the original Neighborhood Stabilization Program, the County will administer the funds and will provide support to the Housing Authority to purchase, rehabilitate and sell foreclosed homes to income eligible households.

In submitting this Letter of Interest, the Housing Authority wishes to express its appreciation for the direction and support that it has received from the Community Development Department through the current NSP period.

Therefore, it is without hesitation that the Indian River County Housing Authority submits this Letter of Interest to learn more about the NSP 3 CDBG opportunity and forward its partnership with the County and agencies of similar purpose.

Sincerely, ~.4-o· ~ Brian D. O'Connor Director

Cc: IRCHA Board of Commissioners Robin Miller, Section 8 Program Manager Eduardo Rivera, Rental Technician I

Attachmen8 3

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/ Page 1 ofl

Bill Schutt

From: Andy Bowler [[email protected]]

Sent: Friday, December 03, 2010 11 :54 AM

To: Bill Schutt

Cc: Kelly Brown; Peggy Gibbs

Subject: RE: NSP 3 Letter of Interest Inquiry

Bill

Thank you for thinking of Indian River Habitat for Humanity with regard to participation in the Neighborhood Stabilization Program (NSP - 3).

Please accept this email as ou~ "letter of interest" in NSP - 3.

We at Habitat look forward to hearing more about the program and to working with you in putting an "Abbreviated Action Plan' together by March 1, 2011.

Andy Bowler President/CEO IRHFH

From: Bill Schutt [mailto:[email protected]] Sent: Thursday, December 02, 2010 9:02 AM To: Andy Bowler; [email protected]; Brian O'Connor Cc: Bob Solari; Joe Baird; Michael Zito; Jason Brown; Sasan Rohani; Bob Keating Subject: NSP 3 Letter of Interest Inquiry

Please see the attached letter. A hardcopy is being sent in the regular mail.

12/6/2010 84

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TREASURE COAST HOMELESS SERVICES COUNCIL, INC. 2525 St. Lucie Avenue Vero Beach, FL 32960

772-567-7790

Indian River County Community Development Department 1801 2ih Street Vero Beach, FL 32960

Dear Mr. Keating: December 10, 2010

After careful consideration , the Board of Directors of the Treasure Coast Homeless Services Council, Inc. voted to decline your offer to. consider participation in the Neighborhood Stabilization Three Program which the County is considering.

The Executive Committee of the Treasure Coast Homeless Services Council, Inc. ratified the Board's decision on December 9, 2010.

Thank you for your consideration.

Sincerely,

Executive Vice President Executive Director

85

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GRANT NAME: NSP3 Community Development Block Grant GRANT#

AMOUNT OF GRANT: $1,500,428 ---'---'---------------------------------DEPARTMENT RECENING GRANT: C-::,o"'mm=u"'n"'ity,,__,D:::e::cv..::e:olo"'p"'m"'e.:cnt::.cDc::.e::.ipc.:t.:_ ________________ _

CONTACT PERSON: ..,B,..i,,_11-"S""ch"'u"'tt~------------- TELEPHONE: 226 - 1243

I. How long is the grant for? __ =--3 -"-"-ear=s __________ _ Starting Date: May 2011 ( estimated)

2. Does the grant require you to fund this function after the grant is over?

3. Does the grant require a match? If yes, does the grant allow the match to be In-Kind services?

____ Yes

____ Yes ____ Yes

4. Percentage of match to grant __,,0c.co/c.e.o ___________________ _

5. Grant match amount required..::$..::0 ____________________ _

6. Where are the matching funds coming from (i.e. In-Kind Services; Reserve for Contingency)? NIA

7. Does the grant cover capital costs or start-up costs? Ifno, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs)

8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.)

--""'x.___Yes $

____ Yes

X No

X No ___ No

___ No

X No

Acct. Description Position Position Position Position Position

011.12 Regular Salaries 011.13 Other Salaries & Wages (PT)

012.11 Social Security

012.12 Retirement - Contributions

012.13 Insurance - Life & Health

012.14 Worker's Compensation 012. 17 SISec. Medicare Matching

TOTAL

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

IO. What is the estimated cost of the grant to the county over five years?

Grant Amount Other Match Costs Not Covered Match Total

First Year $1,500,428 Funds $ $NIA Second Year to be disbursed to $ $NIA $1,500,428 Third Year

County as needed $ $NIA

over three ears. Fourth Year $ $ $NIA $ Fifth Year $ $ $NIA $

Signature of Preparer: Date:

F:\Community Development\CDBG\2010 NSP\BCC Items\Budget Office GrantForm - Attachment 2.doc Attachment 2 86

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13A OJ/ice oj Attorney's Matters 02/08/11

INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Jvfelissa P. Anderson, Assistant County Attorney

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissione~ f Alan S. Polackwich, Sr., County Attorney V William K. DeBraal, Deputy County Attorney~

February 1, 2011

ACQUISITION OF RIGHT-OF-WAY AND POND PARCEL ALONG 66TH AVE, GAMMA DELTA, CORP.

Gamma Delta, Corp. owns a total of 75.19 contiguous acres of property on the west side of 66th Avenue from 41 st to and 45th Streets. The Corporation is represented by Raymer Maguire of the law firm of Fixel, Maguire & Willis. The County has been negotiating with Gamma Delta for purchase of 12.073 acres of right-of-way including a rarcel for a storm water treatment pond. The County needs right-of-way along both 661 Avenue and 41 st

Street. Please refer to the sketch and legal descriptions attached to the Agreement for Purchase and Sale. The breakdown of the property needed is as follows:

• Parcel 118 • Parcel 119 • Parcel 302 • Parcel 303 • Parcel 406

Total

3.841 acres for right-of-way along 66th Avenue 4.622 acres for right-of-way along 66th Avenue 0.480 acres for right-of-way along 41 st Street 0.470 acres for right-of-way along 41 st Street 2.660 acres for a pond site (perpetual drainage and access easement)

12.073 acres

All of the property is zoned A-1, Agricultural, one unit per five acres and is outside of the Urban Service Boundary. There are no structures on the properties. The northern most parcels are used for hay production and the southern parcels are a mix of hay and ornamental palms.

. In.dial\ A.\'llil' Co.

Admln.

Legal

Budge\

De~\. Risk Mgr.

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MEMORANDUM - ROW 66th Ave. Board of County Commissioners Page 12

Gamma Delta has offered to sell the County the acreage needed for $55,600 X 12.073 . acres for a total of $671,258.80. There would be a lease back provision for the property taken so that Gamma Delta could continue its existing agricultural practices. The lease rate would be for one dollar a year for one year following the closing. After expiration of the year, the County could choose to extend the lease at fair market value rent. Staff does not have an estimate of the fair market rental value of unfenced pasture/hayfields as the "rent" is determined on a percentage of the income received from the harvest, i.e. 25% land owner 75% farmer. The four right-of0 way parcels, 118, 119, 302 and 303 will be purchased in fee simple. The County would receive a perpetual, non-exclusive drainage and access easement over parcel 406. Any fill produced from digging the pond would belong to the County. If the Gamma Delta property should be developed in the future, the owner would have the responsibility to design a joint stormwater pond so that the drainage needs of the County continue to be met by the joint pond. Any expansion of the pond would be at the owner's expense and subject to the County's review and approval of the design of the joint pond. In the event that Gamma Delta or a future owner would decide to .relocate the pond to another location on the properties, the owner would be free to do so as long as the County's stormwater treatment needs for that section of 66th Avenue and 41 st Street are met. Again, the County would have the right to review and approve the new pond plans and the parties would agree to a property exchange in order to move the pond site. Maintenance of the new pond would be the responsibility of the owner and not the County.

In prior agreements with Mr. Maguire's clients, the County purchased the necessary right­of-way at appraised value with the price established by a mutually agreed upon appraiser. No appraisals were obtained in this matter as the purchase price is based on a previous appraisal from the corner of 33rd Street and 66th Avenue for the Cherry Lane Cattle parcel, and the same purchase price paid to property owned by the Gary D. Brown Trust for a pond site with right-of-way. It should be pointed out that this purchase will provide all of the right-of-way and drainage needed for over a half mile of roadway including side street improvements. The County has also paid the property owner's engineering fees and an attorney's fee of 7.5% of the purchase price for bare land. In this case there were engineering costs of $6,500 from Carter Associates and an attorney's fee of $50,344.38 based on the 7.5% of the purchase price.

STAFF RECOMMENDATION: Staff recommends the Board approve the attached contract for purchase of the five parcels from Gamma Delta for $671,258.80 together with attorney's fees of $50,344.38 and engineering costs of $6,500.00 for a total of $728,103.18.

FUNDING: Funding is budgeted and available from Optional Sales Tax/ROW/66th Ave, SR 60 to 59th Street, Acct #31521441-066120-06040. For Fiscal Year 2010-2011, $2,300,000 has been budgeted for this project, with $153,506 being expended year to date.

WKD c: Raymer F. Maguire Ill, Esq.

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Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1

Indian River County GIS

Parce!ID OwnerName Property Address

32393000001008000002.0 GAMMA DEL TA CORP 41ST ST VERO BEACH, FL 32967

32393000001001000001.0 GAMMA DEL TA CORP 45TH ST VERO BEACH, FL 32967

32393000001008000003.0 GAMMA DELTA CORP 4125 66TH AV VERO BEACH, FL 32967

32393000001008000001.0 GAMMA DEL TA CORP 41 ST ST VERO BEACH, FL 32967

Notes

http:/ /www.ircpa.org/PrintMap.aspx 1/31/2011 89

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AGREEMENT TO PURCHASE AND SELL REAL ESTATE

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("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 1801 2?1h Street, Vero Beach, FL 32960 ("County"), and Gamma Delta Corp. 8081 NW 74th Street, Medley, FL 33166 ("Seller''), who agrees as follows: ·

1. Agreement to Purchase and Sell and Grant.. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, five (5) parcels of real property located along 55th Avenue between 41"1 and 45th Streets, Indian River County and more specifically described in Exhibit "A", "B", "C", "D" & "E" attached and incorporated by reference herein. Parcel 118 ~Exhibit "A") contains 3.841 acres, and shall be used as right-of-way for the County's 66 h Avenue Improvement Project. Parcel 119 (Exhibit "B") contains 4.622 acres, and shall be used as right-of-way for the County's 55th Avenue and 41"1

· Street Improvement Pr-ojeet. Parcel 302 (Exhibit "C") contains 0.48 acres, and shall. be used as right-of-way for the County's 41"1 Street Improvement Project. Parcel 303 (Exhibit "D") contains 0.47 acres, and shall be used as right-of-way for the County's 41"1 Street Improvement Project. Seller further agrees to grant to the County a perpetual, non-exclusive easement for access and drainage over Parcel 406 described in Exhibit "E" attached hereto containing approximately 2.66 acres located near the center of the Seller's 661h Avenue frontage for the County's 661h Avenue improvement project. Seller's remainder parcel is defined as the real property owned by Seller at the northwest quadrant of 41 st Street and 661h Avenue, Indian River County less Exhibits "A", "B", "C", "D" & "E" and .referred herein as "Remainder Parcel", Parcels 118, 119, 302, 303 and 406 shall collectively be referred to as "Property".

2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be SEVEN HUNDRED TWENTY . EIGHT THOUSAND ONE HUNDRED THREE DOLLARS AND TWENTY-ONE/ONE-HUNDRETHS ($728,103.21). The Purchase Price shall be paid on the Closing Date. The Purchase Price is inclusive of all expert witness fees, costs and attorney's fees incurred by Seller. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board.

3, Title to Parcels 118. 119, 302 and 303. Seller shall convey marketable title to Parcels 118, 119, 302 and 303 by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of Parcels 118, 119, 302 and 303.

3.1 County may order an Ownership and Encumbrance Report with respect to Parcels 118, 119, 302 and 303. County shall, within thirty (30) days from receipt

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4.

of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). In no event will Seller be required to spend more than three (3%) percent of the Purchase Price or file suit to cure title defect, but Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon the agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

Title to Parcel 406

· Seller shall convey a perpetual non-exclusive easement for access and drainage over Parcel 406 free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing for use as a stormwater retention pond for the County's 661h Avenue improvement project and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Parcel 406. Assuming the County creates a stormwater pond on Parcel 406 before Seller creates a joint stormwater retention pond pursuant to paragraph 9.11 below, the County shall own the fill dug from Parcel 406.

5.

4.1 County may order an Ownership and Encumbrance Report with respect to Parcel 406. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). In no event will Seller be required to spend more than three (3%) percent of the Purchase Price or file suit to cure title defects, but Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

Representations of the Seller.

5.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and

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transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to

· the Property, without the prior written consent of the County.

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

6. Default.

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

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

7. Closing.

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

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to Parcels 118, 119, 302 and 303, and execute and deliver to the County the described easement to Parcel 406 free and clear of all liens and encumbrances and in the condition required by ' paragraphs 3 and 4 respectively. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of Parcels 118, 119, 302, 303 and 406 to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County, certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are

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not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. · (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction.

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

9. Miscellaneous.

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

9.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract is entered by seller under the threat and in lieu of condemnation.

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

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

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

If to Seller: Gamma Delta Corp. 8081 NW 74th Street Medley, FL 33166

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If to County: Indian River County 1801 2ih Street Vero Beach, FL 32960 Attn: Public Works Director

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

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

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

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

9.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2.

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

9.11 Seller shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Seller and the County. Any such joint stormwater retention pond shall be designed to have no adverse impacts to the County's 66th Avenue Project drainage. The County shall have the right to review and approve of the design of any joint stormwater retention pond. Any expansion of the County's stormwater retention pond on Parcel 406 shall be at the Seller's sole expense. The County and Seller shall grant each other any

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easements needed to obtain positive outfall and water treatment. Seller shall own the fill dug from any expansion of the County's stormwater retention pond.

9 .12 Seller shall havE:! the option to relocate anyjoint stormwater retention pond to another site or sites on the Parent Parcel so long as there are no adverse impacts on drainage from 66th Avenue Project. Should Seller relocate any pond, the parties shall execute an exchange of properties agreement pursuant to §125.37 Fla. Stat. (2008). The County shall have the right to review and approve of the design of any pond relocation. Any relocation of any joint stormwater retention pond shall be at the Seller's sole expense. The County and Seller shall grant each other any easements needed _to obtain positive outfall and water treatment in the new pond(s). Seller shall take over maintenance of the relocated pond(s). Drainage from the 66th Avenue Project shall not be adversely affected.

9.13 To the extent allowed by law, County agrees to indemnify and hold harmless and indemnify Seller from any liability which may arise from the County's use of any joint stormwater pond.

10 Lease-back: The County shall execute and deliver to Seller a lease of the Property at the Closing. The term of the lease shall begin the day of the Closing. and end one (1) year after the Closing. The lease payment shall be one dollar ($1.00) per year. The Seller may request an extension of the lease by providing written notice to the Public Works Director thirty (30) days prior to the end of the lease term. The Board may, at its discretion, extend the lease on other terms, including fair market value of rent.

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

SELLER: GAMMA DEL TA CORP.

By~ (prin_;;;,;..,,.::;;,,AN"..72'"s

(title) ½e ~~~nr Date· Signed: ~~_,,_4,;,r /"7, 2-~/tt>

7

ATTEST: J.K. Barton, Clerk

By:-~~~~~-----Deputy Clerk

Approved as to form and Legal Suffici nc :

52-01-VER\24

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

7

By:----------­

Bob Solari, Chairman

Date Signed: ______ _

oseph A. Baird ounty Administrator

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-SXHiSIT SKETCH TO ACCOMPANY IDESCRl:PTION.

THJS IS NOT A SURVEYJ I A-:i LOO>.T:ION ~ NOT TO. SCA!.£

..... ··.·.· ... ·.• •· GAMMA ·oELTA CORPORATION

. l.£GAI. DESCRIPTION\ ~EL. 1'18

"' PARCEL or JNo: ll¾trNi tHE ·EAST 126.©o FEET oF TRACT 1. 1No1AN RIVER FARMS. C©. PLAT OF LANDS, ACCORIDTNG TO THE PlAT THER[OF, AS RECORDED IN PLAT BOQ~ ,2, PAGE 25, PUBLIC RECORDS, SAINT LUCl:E COUNi!Y, FLORll1>A, ALL LYING WITHIN SEelJON 30, TOWNSHIP 32 SOUTH, RANGE 39 EAST, lNOIAN RIVER COUNTY, FLORIDA.

. CONTAINING 3.041 ACRES, MORE OR LESS

SAID PARCEL OF LAND LYING WffHIN THOS.E t.ANOS AS DESCRIBEO fN OFFICIAL RECORDS BOOK 1677, PAGE 11.73, PUil.iC RECORDS, IN©IAN RIVER COUNlY, FLORIDA.

CER1illiil€ATION: · r HEREBY c~iifff TIIAT THE DESCRIPTION AND ATTACHED SKErOH OF llESCRlPTI~N w~ PREPARED INi ACCGRDANC~ WITH .T:HE SURVEViN© STANDA~D~~ CJW'i'ER &1G17-61 F1,0RIDA AD.¥J~faj:'RlifiVE tpBE, AS $Ei FORlili BY THE !'1!..0RIDA BOARD· OF PRdffi$SlOffN- SURVEYORS & MAPPERS; Pl:lRSUAN:I' TO SECTION 472.027, Fl.©RIDA ST~~. ~D IS 'FRVE ANQ CQ~qJ TO THf: B.~ OF ID' ~~lt ~D .!$..J!l'F. . lJNI.E:~ IT a~ THE SKlN'p.WRE AND TH't ORIGINAi,. AAl~I'.!. s~ OF A FIJi!J'.l,IOA UC~$tb . S!J~R ANll . MAPPER, THIS LEGAL DESCfllPTleN AND SKETCH IS FOR INFORMATIONAi- PURPOSES l:lNle'i' .«Nll IS 00T VALID. .

PRlf . -• WHITE -- . . .. P ,c, . ; 10.NAL tl\ND SURVEYOR AND MAPPER UC.ENS£ No: 4g13; STATE. OF FLORIDA

......... , .... ,.

( .

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SKErCH TO ACCOMPANY OCSCRIPTION. THIS IS NOT A SURVEYi

LEGEND: SE£ SHW 3 OF 4

30' SU.B-lA119W. "A-7" CANAL j INDIAN RIVER FARMS CO. PlAT OF LAN!)S. . . P.6. 2, PG. 25; SLCR.

N44"51'28 NORlli LINE OF SECTION J0-32-39 14 15'

NSS-50'20"W 5316.57' •

b .. co

. • • II .. • -

NORlli LINE OF TRAcT 1 12s;00'.

ADOFOONAL R/t/ . .. • -- .

~. ,. ' -..:.._ __ ,

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SKETCH TO ACCOMPANY DESCRIPTION. TH1S IS NOT A SURVEY!

l.[GEND: P.O,Cc - !'()INT OF COt.!ll~ENT P.O.B, - POINT Or BEGINNING P,B. - l'l:AT BOOK PG. - PAGE S.LC.R. - ST. LUCIE COUNIY RECORDS T - TOTAL

Q . a,

II

• -•. ~

(/)

t2.8.lil0'.., ADDITTQNAL R/W

TRACT I, IRFC P.B. 2.. PG. 25 ~ 45th S1iREET b.:· VERO BEACH, FL, 32967 'N : PI0-3239J000001001000001..0 "':; o.R.a, , en, PG. 1113 I

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0 0 ;Ii . ., N

a::: :· w "": :P I ,S g ~ :,_ ..

;,, l/) . . o·· ., .... N· 0

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30.00' ROAD R/W AS DETERMINED BY+----4---1 OWNER: INDIAN RIVER COUNlY

GAMMA DELTA GORPORATION D.B. 48• PG. 23 ·

I. !

EXRIStr

A-3

I ' ;

·1

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.EXfllf!ilT

l __.LA.L-~ Y ......... · SKCTCH TO ACCOMPAflY D.ESCRIPTION.

THIS IS NOT A SURVEY!

mAe'f 1, !RFC P.B. 2, PG, 25 45th STIWfJ ~-___,,p; ·-11r · · _, VERO EiFACII, FL, 32967 ' ~ 8 PID-323~JObOOD1001-0DmlJOl .O i : · ~:a} 8

. O.R,B, 1677, PG. 1173 i le' ;J; 126.0Q'" ~t ~: STA;, 245+51.92

AOOmONAL R/W ...... i;:, .. ·t,;,·tii,..0_....,.,1;-..,. _ _,....,d";;··. o .. o~; 43,oo.R:

.........____SOL/l'H LINE OF TRACT 1 "' N89' 46'23"W .

I I I

\ \

\

TRACT !!, IRFC P.B. 2, PG. 25

• H 50' 6/W. P;R !;JAlE .8F Fl.ORIDA - STATE RQAO. 0.ePNm!™ RIGHT-OF~WAY MAP !!:J SEC!iOti NO. ila5l0; ROAD NO. SQ5 ,5 COUNTY ROAll 615, sith A\IENUE

"'

P;O.B. l I

• .STA: 258+.38.87 OFFSET: ,iis:oo L

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126,o(. 0 +. . ~.· .

"'' /'

,,,, .,,, 30,oo' RQAD R/W

DETAIL "A" . 'SCALE: 1 "=-10'

AS O~MIN!;D llY,--+-...,..if IN~JAN [l!Ve!· COWNl'Y

D.B. 48, PG. 23

LEGEND: SEE SH$' 3 OF 4

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EXHIBIT

i f)-1. SKETCH TO ACCOMPANY DE®Rfl"110N.

THIS IS NOT A SURVEY!

LOCATION MAP: NOT T0 SCALE

OWNER: GN.1M;/; DELTA CQRPORATIGN

LEGAL lflESCRlPIIQN: .. rAAoa 1 J~9, Il-!~I. P-GRJ10N ~ l,M!) ~G 11-1.E, .•i;A,SJ 12:G;JW Em M,10 Tl-IE; N!\lRT!il 70;00 f.EEf OF THE 5¢1:fll,1 1 OIMlO l'EET QF THE ~ l\i ACR~ OF TAA€T !!, INDl:a.N ~- FARMS (X):. ('!;AT 0F LANDS, ACCORDING TO lfiE PLAT _TH_ EREOF, AS .RE~ORDEO IN. PLA:T BOOK 2, _ l'lAGE 2-&, PUBt,IC RE€0RDS, SAINT !:.YC!f; _<;OUNlY, , , FLORIDA, Alt. EYING Wil'HIN SE;CTIOl!l 30, TOWNSHIP 32 SOUTH, RANGE 39 E"AST; INOfAN R~ COUNTY, FLORIDA.

TO.GEfHER WITH

THAT PORTION OF SAID TRACT !! BEING MORE PARTICULARlY DESCRIBED IS:

BEGIN AT TR£ J;i0iNT OF INltR$EcilON OF THE WEST LINE Of. THi EAST 128.00 FEET Of ~o TRACT 8 , AND THE NORTH LINE OF THE SOUTH 1-00.0 rnIT ©F SMEl' TRACT 8; THl;N()E NOR-TH 89'42'26."WESl, Al.ONG -SAID NORT\if UNE', A DISTANC_E OF 40.12 Fm; TI'IBNOE NORTH 45' t2'29" li1ASI",. A DISTANCE OF 56'.'65 . , Fm; TH.ENCE SOWTH 00'07'23" WEST, ALONG Si\llil WEST LINE. A DISTANCE OF 40.12 FEET TO· liHE POINT OF BEGINNING,

CONTAINING 4,6-22 ACRES, MORE OR LESS

SAil:) PAA()Ei. OF !,AND LYlNG WITHIN· THOSE: LANDS Af,", DESCRIBED IN Ql'FICIAL RECORDS BOOK 1.617, PAGE Hilb, PUBLIC RECORDS, INDIAN R!\/Elf COUNTY, FLORIDA. .

CERTIEJGA]O.N: I. HEIUY crnru:t THAT TilE; DESCRIPTION AND ATTACHED Sl<ti'CH OF DESCRIPTION WERE PREPARED IN ACCOROANGE WITH THE StiRVEYING STANDARDS, CAAPlER 61G17-6, FL()Rlll"A ADMINISTRATIVE ®E, AS SET FORTH BY THE FLO~-' 8©ARD OF PR•fl;SS!ONAL $l!)R\lleYORS &_ MAfiP£R$, PURSUANT !• SEoCi')QI'( 472,_ /"., '.. RIDA <.~.ANO IS TRUE ANp CORrfE!:T.JO THE BEST OF ~Y. KNOW~GE A.NQ ~;f. UNL - _- _- IT' , -, RS·. • E SJGmTURE AND lHE ORlGINAL Ri\!SEB SEAL OF A FLORIDA UCEN"SED- _ ~URYEYOR ANB MAP ; "R. '.. s ·-;--_AL DESCRIPTION ANO SKETtH IS isOR iNFPRMATIQNAL PURPOSES ONLY ~ jg· NOT VAlJ!),

' NQTE, TI-ilS IS- N.OT A SKICTCH OF S\J\ll'O', BUT ONtY A GRAPHIC OEPICTiON OF TI-iE DESCRIPTION SHOWN H~ON.

-- ---- -- - THERE HAS !l~EN- NO flELO WO~ts. ·Vll~WING OF !HE _-, . '' DMNE -.. -- - !J_UB,JECT PROPERTY,, OR MONUMOO'S SEr1N< CONNECTION

PRO / '. 18NAL .LAND SURVEYOR ANO MAPPER WITTUHE PREPARATl9N OP THE INFORMATION SHOWN UCO!~ ,NO. 4.190, STATE OF EL0R10A t!EREON. NOTE: LANQS S!j0.1'/1'1, H~R.E-ON WERE_ N0T

. _ ABSJRAOTED FOR RES!RICTJm,lS, RIGf.lTS--OF~WAY AND DA~l _03/2'1/07 REV 4/8/-09 8.EJ . _ ~EMl!Nl'S OF REC0R().

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SKETCH TO ACCOMPANY DESCmPTION. THI$ IS NOT A SURVEY!.

LEGEND: IRFC - INOIAN RlVER FARMS CO, PLAT OF LANDS P.8. - PlAT BOOK PG. - PAG'E. P.O.B. - POINT OF BEGINNING P.o.c. - POINT OF COMMENCEMl:'NT S.LC,R. - ST. LUCIE COUt\llY RECORDS T - TOTAL

TRACT 1, IRFC P.B. 2, PG. 25· 45th STREET \/ERO B~CH,. FL, 32~"67 •· . I PID-32393000001001-000ll01,0 I O.R.B. 1677, PG. 111.3

126.00'-i ADDfflONAL R/W · I

!:-- ----...: ------ -----. ; . --...._N0R1H LINE OF TRACT 8 .. :<· '. .. ·~·

·-,~ STA: 2,45+52.15 ··.:>· ,.

OFFSET: 83.00 L"

0.-N UY·!'

--~- ~-~ ~ cx:,·-;f3·

"' - -50' R/W PER STAlE OF FLORIDA -STAlE ROAD DEPARTMENT RIGHt~F-WA\' MAP --+-c----"

SECTION NO. 81,530, ROAD NO •. !l05 COUNTY ROAD 615, 66th, AVENUE:

TRACT 8, IRFC P..B. 2, PG. 25 ---___;, 4125 66th AVENUE VERO BEACH, Fl.., 32967 PID-3239300001)10081)90003.0

.EXHISA'

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SKETCH TO ACCOMPANY O£SCRIPTION.

II

• ,-

THIS 18 NOT A SURVEY!

LEGEND: P.o,c • ..: POINT OF CO!,IMENeEMENT P.O.B, - POINT OF BEGINNING P.B. - PtJ.T BOOK PG. - PAGE S.LC.R. - ST. LUCIE COUNTY RECORDS T - TOTAL

TRACT 8, IRFC •-· -· "-,-=-I/ ,,.,-~- P.B. 2, PG. 25

412S 66th, AVENUE -VERO BEACH, FL., 32867 PID-32393000001008000003.0

0 = I ~.' "" ~-- ; I

50' R/W PER STATE OF MRIDA _,_ ___ __,_, a: STATE: ROAD DEPARTMENT RIGHT ~OF-WAY MAP ro ~ I

SECllON NO. 88530, ROAD NO. 5Q5 "" t; !,!,! COUNlY ROAD 615, 66th AVENUE ~ :S ~

-f= ~ I ~i ~~ g < "-1 5<0 ~ ;j1· ?;_ E ~ N;- ~ b _!!" _t;;. . :ii: I·.·

30.00' ROAD R/W. ~: • 15 r 1'S DETERMINED BY .. • . . ... ~ 1,.-_

INOIAN RIVER eou . . . . ~- I OWNER: 0.8. 48, PG. 23 g' 8 I

EXHIBIT

. j f)-,3

,I·.

, I - ARPADIS· l!J.S. Inc. '" ADDITIONAL R/W l'R000lT """. • , · 1 . "''~~- • To:(56t)ll97•70!l3 '"'('"'i..,•11s, · WP001.os3 10·53sO119 ®. W"!Palni ... cll,AoMs.3¥J! '!""~ . SHEEf 3 OF 5 . . · . ·1 ·· . •'• .... "

103

Page 110: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

EXHIBIT

I (2)-Y SKETCH TO ACCOMPANY DESCRIPTION.

THIS IS NOT A SURVEY!

---

. cnl- - -~-' ! :sij I 60' SUB~LATERAL "A-6" CANAL .

1

-I--

I I

I I i.

INDIAN RNER FARMS CO, ~LAT Of LANDS P .B. 2, PG. 25, S.L.C.R. I I ' I

·~

I

H

• -·~

u,

I ·LEGEND: I SEE SHEET 2 OF 5

STA: 232+55.06. .OFFSET: 43,00 R g

.± ~.

; I I

Hao• ·,: :~ I . I ~ ~

50' R/W PER STATE OF FLORIDA ~f---•,· I I ; ••'!;a.,!, ;:: STA!t ROAD DEPARThlENT RIGHT-Of-WAY MAP . - 7 i,l

SECT10N N01 88530,. ROAD NO. 505 ' --·"' I COUNTY ROAD 615. 66th AVENUE . . I ~ ;! t I

12·~ •'

18=~; DELTA CORPORATION J r ~;i

104

Page 111: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!

TRACT B, !RFC P.B. 2, PG. 25

I

I I I

EXHISIT

I e:, ... s

I I .

I . I : TRACT 8, IRFC ~f

"' I P.B. 2, PG. 25 1•

t; I ~ 4125 66th AVENUE ~ ~ I 12:: VERO BE'ACH, FL., 32967 I ~ ts I i PI0-32393000001008000003.0 ~ ,,; ftl r O . : . NORTH uNE oF THE ,. I \ !ltr o e>'JoUTH 100· 0F TRACT a _; I t;;"'I ~Q ,- 8 •io·

~1'11 "~ : J1,.. ~ 0

N0Gl"07'23•t .. _ STA: 222+88.66 _70.00' ...

OFFSET: 676,77 L ', '" .

.---"--sa""'··go"'"'·4!al;.2'-2s"""~---->;:.~· 4'""90'"" .... ss...,'(T-.)-.1 . ., "'", ·. G . , s~s.n'(r.)7 ti;i. ·•

_____ 1!.Y.=_4 ....... 5J0.77'(r.) • i · _...;;;..·

N89'42'26"W · 6 6.77: • S?.·J ~ --~ SOUTH LINE Of TRACT 8 , , __ --g~,- . -41stSTREET T - g ·

11

~,

60' SUB-LATERAL "A-6" CANAL---' • z INOIAN RNER FARMS CO. PLAT OF LANDS I ::::I

P.B. 2, PG. 25, S.L.C.R. I :r: .

LEGEND: P .O.C. - POINT OF COMMENCEMENT P .O.B. - PO!NT OF BS)INNING P .8. - PLAT BOOK PG. - !,AGE S.LC.R. - ST. WCIE COUN'IY RECORDS T - TOTAL

QWNE;R: GAMMA DELTA CORPORATlON

i .ARCADIS ,, ARO'ADIS U.S., Inc·.

TRACT 9, [RFC P .B. 2, PG. 25

··-­r.~ 0£P!R!MENT -- .··Si'.lAJE .

t . SHEfJ' lJllE 9' ; . ADDITIONAL R/W

PCW t• .. ~• OOE, 0,/21/07

~ 2<l81-~ ® Wssf Palm Baa.it!, Florida 33411

Tel:(5e1ll97·7000 Fa,:j561)'6$'/-n51 """·-'°""' S!f!'.EI 5 OF 5

. PROJECT NUM&k

· WPOOI053

g ;i

V I ·,

I I

I . OP>.WlNG NUMBER

1-053S0119

_[

1015

Page 112: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

\\EST 9 AeRES OF -(>TB,SEe11<>113Cl, Tn\ll'ISIIIP 32 SW1H,

RNilGE 39 WT

EAST lit.OS AC8ES Of' 'THE M!ST 111-86 AC~ OF

'IRAeT 8, SECMN JQ, TQWNSHIP ~2 SOttlH, f!Al!<lE 39 £AST

GAMMA DELTA CORP 32.la30000Gl008G00002.0

ORB 1'681-. PG 1255

EAST 20 ACRES OF lRACT 8,

N<lR'lH Ji OF ~CTION JQ,

TOv.t,lst+IIP 32 SOU1tt, RANCE 39 EAST

~11. ~Bir

I I 41ST STREET

1-- eo' -- PARCEL 302

I ~ I wz :::>< zo ~ ..

~ w ~ ~IZ

I ~ i '.:

lL ----g, d ":

--- - - ~00 •. 99•± ·- - - -PROPOSED Rf.GHT OF WAY UNE1T --+----

PARCEL 302 21,000 SQ, FT, 7<f

0.48 ACRES ·

l3 R

o:~ ><D:: J.f! f,-:, <...10 i,sgJ ~,. "' Ill!;; ~<,:. a.~ -~ ;::~ ~

: ....

0 <( :,: 0

~"' ii wgg ~~ ": 00::~ :'i: <( z z Q.::, 0 I- 0(.) -w

100'

NOR'nlERLY ~r OF , .. v LINE - . 4 1 $ T -; 'rif'lf e T- - ..... __ r _Jll.:.. -· . i 1/4 smtlON IJl(E 'IR'"!" , ,;,.. - - -.--. -~ '-

SUB-LATERAL A6 DITCH

BA~~:::~--~ j I ---miD-'IS'ls'E -----I- -"---- ~~

I- UJ a::

_ :§...~.(lltlERLY. R.1Gli1f.. OE.. WAY l;JNE 'So' --- -+--, =,29

Q. a::'" E2 I-> 00-(/) -m 0:: w~z 0-s,~

~ ~

.J, ,.,.-·

+· s Q

t;;..e T I fl/ ~

- ""cjRAPff.ICSCAt:il60'·-··-

r·~ GIIT OF Cl!L

TI!!£ N.011'111 10,/)Q FEET OF JllE SOYllf Uil<MIO FEET Qf' llfE FOLLOIIING DESCRIBED PARCl1L AS RECORl!)EQ ·IN Off.letAL RECORDS ·BOOk! HIB1. PAGE 1:235:

_ . 9.116 A!;!lf!l$ OF 'llilE Ylf!l$T 1'8;~8 Al!J!f!S OF '!fflll ~ J9, _li!AS'l':,_:_A"q(WR_0t··"G T:a lmE LAST GaffliJ: 1!!: 1i"fflf~E2,~f ~-~~

CONTAINING 21.,008 SCIUARE FEET eR 8.46 AeRES, MORE OR LESS.

;,Q; TG~ 32 la$.~ mE ~AN .RIVER

F Ce!/IRT OF ST. UIOIE ID llflt/G IN INOIAN R1WR

LEGEND

R/W ORB PG

SEOTION UNE PA,OPERTY UNE PROPOSED R/W LINE RIGHT OF" WAY LINE'. RIGHT Of WAY OFFICIAL ~ECORDS BOOK PAGE

C) -~

iili I .l:l al ci Mt

illir~ H,,1

1 1111,i~--•"1tl(ll~-111Mfmolt/tf'~ : ' 1·1 ~i,.,..-~lllttWjfflj"i~!oll4,~'.V-·19f1111;: •, _J

SURVEYORS NOTES :\;-J.. ~ ~ g:,m'l"'~=-'4!-: ~\t:,' I . I 1) Tl'U. s IS A SEmH eF lEGi.M. _D~. _,. PltON ONLY. NGT A BGtJNO!,RY RE'JRACEMENT SVRl£t. =~t:- =~t.~~:t:.:=~7. 'S•.11 2) · niE BEM(N,'(l 'EtME ~ 'fHIS StJRWY, IS THE SOIJ:lJ:I UN£ OF 'J1:IE NeRTH ~ OF SEC'llON JG, =-~--= ::,::,._ ,,_~~,_.,,. -" 6'tlitt. . •I SArl LJ!,IE BEARS N!lA'lH 89"'1515° EAST, 3) l>llC ~ Of 11,fS OIIA1'1NG MAY NAIIE BEEN OISTORTEO OtllilNG REPROOUCTIOI< ~ § • 81 PROCESSEs.. £t. DDIC1ER. l'\£N- NtJ. t1,-. t. 1: ""

-t} RJ.GHT Of WA'¥. UNES AS Sf!.OV,I fflEIIEON g BA!3EO ePON 'IHE IN01AN RIVER FARMS - ,.,,, ,• • 1' COMP-A$V SfJB011'il1SlGN AS Re"e08Q>E0 IN· PLAT SOOK Z PAGE 25. llllTVAW"1HOUTTR£11tillliQf£,NI01HEO/flt!HAl.flNSD)SOL 3 •1• I I

(IF 1Hll ~ ~ ""----": NIO:l#Nffll ~ i ~ :il'11 liodii-it- ·o\Oll' ,;;·1 -,. ,i-t ~ "13:M'd ..-it ll~\aaY;J\D:t am ~\=ll ...-.,=ia--

Page 113: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

EASTJ/, Qf ll!IE E;ASifta,·~~Qf

'fl!ACT 7, S!!;;!lll>N 31l, """""51<!!P32se£1'1>1,

RMGE: 39 EAST

-- Rl,;HT OF WAY l:INE

w lw ~.··':" .5«1 ~

t;, .. t; < ;0·,¢

wf!c j!!!,

'g d .....

:SO'

70'

u,o•

WEST 9 ACRES OF TIIA!IT II, sE!:Til>N 30, l'OIINSJ'llP. 32 ~Ol;J'llil,

RA'NGE 39 EAS'T

GAMMA !l!1tT"- COJ!P =J'ii?~;~mg1.o __ _..,210,.gp'!.. ---

PARCEt 303 20,300 SQ, f'T.

8,47 ACRES

EA.ST 9,06 ACRES OF THE · WEST 18.06 ACRES OF

TRACT 8, SECTll>N 30, T0WNSMiP 32 SOl;f.'fH,

b ,o d ',-.

RANGE 39 EAST

-PROPOSiW RiliHT OF WAY LINE

956.n':. 29o~r. NoimERLv RIGHT OF-~;.-v··uNE - -

EXFIIBIT

~i I I 41ST STRE:Et r- BO' -- PARCEL JOJ

I ~ I Wz ::l<( 2(J ~OI

... w ~ ·~ !w ><Co::: £t J,.~ <...1g ~i l~;j :c <,:;. till!

~~~ ~~ ~~

(01-

D

I ~ ! ~

u. 0 <C :c 0

~"'oc UJgg ,, _, u. (/) UJ -

0~1: ~ CL 5 '

_1RACTUNEI 41ST STREET _ BASIS,:,Of.~

N-5"E SUB-LATERAL A6 DITCH

- j _J. l 1/4 SEC'IION UN£ --../'--

__ ____: ~ z,._o 2wu t: w a:'. 5:g:~ () (/) i2

.w

w+• s

9 6!l' l'!Q' ---ORAJ!H:IC·S€Af.E«J

_ ~'ntERl.Y RIGHl_O[_W~

·~· !!M~ ... \i ... ..:nm~ca 'llilE NORTH 70-0.0 FEE:1" OF 'llilE SQ(!!ffl 100,.00 FEET OF TIIE FOLLO'MNG OESeRlllEO PAReEI.. AS REeOR0EO IN <lFf'lCIAL RECaROS BOOK 1677, AAGE 1190:

lHE l\ml" 9 AffleS Qf TRAW &.. IN SEC'lll>N 311 lQ,WNSlilfP 32 -™ RANGE 39 EAST A000l!IOO!l TO 11!1£ tliST GENl;li-'l. PU!f OJ' ~S <lF 1~111,\1!1 fiM;R F-S COMPmV, ALEO IN lHE l!lmeE OF Tl!IE -K OF ll!IE dRl!Ull' ~i'fT Qf S'I' •. C~!a!E O!J!!N,J'Y, FlcORIDA, iN PtA T BOOK 2, Pit.Ge 25; Sl!IB WO NOW Ll'ING mo BEING' IN INQlm RIOER -NTY, FLORIDA.

CONTAINING 20,J<II) SQU"RE FEET OR ~.47 ACRES, MORE OR I.ESS.

SURVEYORS NOTES 1) Thll!I IS A st£roll <II' ~ !lESeilll!'ITON <illllY, tll!lT A BOl)NO.i!Y RmACEMENT SURVEY. :!) l>lf B£illllll!3 9"$E :~¢8 'llilS -· IS lHE S!J!!;jff LINE OF ll!IE W!lll'ili Ji OF sec11e• 30. ~ u~;; BEAQS ll!lR11I 89'@i5• EliS'I'. 3} m£ $Clit,E OF 'llillS· mRA1ilNG MAY H~1'E BEEN O!Sl"OR'!Ea DURING REPR<>DUCTll>N PROCEll<if;s, +l lili1!ff .01' WAY·UIIU$ Ml - Hl!REON AliE ~ ~- 'WIE INOWI RIVER FARMS OOMl>.<Nl' Slflllll.1Slllil· ~5: R€®Rlli!ll IN 1!1.AT &ool< 2', P- 25.

m J1 z 0., :;!;

~ ~ ~

LEGEND SECTION UNE ll 11 i PROPERTY LINE I ~ :g I

--- - - -- PROPOSED R/W 0t I 3 LINE RIGHT OF WAY LINE l! ~ ftl

R/W RIGHT OF WAY I I ORB - OFFJ. CIAL RECORDS Boot( 1 ,•.~(! PQ PAGE J !!

§{'.! .... ~~~.• "4"--J~mE. Cl!11

iiii =-~~-~'"'·),.,..!:-=:~ . .11 ~,_.,,.,_~,,_ .. .,.,.,.,.~-,,l/,f/J/d. '' .... Mil« kl llfltlll fffll IIOtoUowi ll'lolM "-- lil

R~D ''• , u

£·,niiiiii,·p . .s::u: Ni,. M;ij

"""-----------~r,,r~~~~~ zv.

~" ilt.i' l'Mio• (I.,.~, Ill!' 11"""1 lorfiue '13:IINd &~ •~Xaiwil\oD- tBiiif~\~ - ~

r-

Page 114: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

E!XHIBtl'

I £-:1.

SKETcB AND DESCRIPTION PROPOSED D:RAIN.AGE EASEMENT

l [QA\. WCBfP~ oc fm&U,J.:e-GE Ei,/\$MEN't: m~ ~cum :!7.).oo c= ol' THt NoFl'll-1 12~s.oa i<i!o't or llllc we:sr 31l.OO ·mr llF JH[ DIST 517.00 FEEJ OF S.:-G\tlO!'f ll<l; 'Tl:l\ill'J- .;fll SO\Tlft.. 'R'Mi¢E oil ~AST,- fNDIAN ~I~ CIM!t'i, R.O~il>A. . . .

SAID 11.ASEl;IENr OONTIIININli- 116,;$3'. l>li)UA~E F!:EI QR :2,o'li A'CRES- MORE OR li'.S$ ..

GENER-AL NOTE$: . 1, l'INI..£$$ rt !)EAR$ TIIE $1Gl,jA1UR11'. -AND THE OR!tllN/IL RAIS<!> SEAL 'OF A FtORIOA UCoNSW SURVE'YQR' Al>IO MAPP.ER ll-llS DRAWING, SKETCH, P.LtT OR t.p,p· 1$. FQij JNFPRMATIONAL PVRPQSE$ ONW AJ,Jp.1s- NQT l(Altl).

2. l.A~os· SHOWN HEREON WERE: NOT ABSTllACfEO 1!1R RES!IARCHEI} BY THI~ OFl'l.i: fl;)~ RIO!l,:S"'9f-'l'/Ni', EAS.ieME~TS- OF ~1;¢.QRQ, RE:,Jc~Y/lllON.~; OWNERS~iP. ABANOONl.loNTS, OE.EP ReSTRIC'TIOtlS, Z:Qfl\NG i'!E:\IV~TIONS OR SE'IBACK liNES, !.AND USE Pl.!\N -DESIGN A 110N, ADJOINING DEEDS OR MURPHY ACJ DEWS, 'IHiS .$URVE~ IS ~()T INT;e>(QE!i ti;/ PEUN.E;/<TE I\O\.M!DS,. t.aeAL AREAS· Of CONCERN c0e A-NY OTHER JURlSl)IClJONi\L DETERMINATION.

;,. JHIS DESb~IPl/ON ANO SKETCH CONSISTS 9f 2 SH.E;:TS AN.D ONE IS NOT VALID WITHOUT 'IHE O'lHER.

4. THIS E¼HIBIT D.Q;':S ~QT .iNTE~ti TQ ~EFLECT P~ DETERMINE 9Wi'IE8S8IP,

5. 11-ilS )S NG)" A BGliJNOARY SURVEY. 'THIS .1$ A SKETCH bf LEG.AL D'tSCRIPTIDN ONL '/. . .

•· aEARIN.~ QATIJ!.I IS 8Mi/'.l); Vl'i/N THo NO!l;H A\.fEMCAN {!A'f\:IM Qf 1!iSJ', ~JJ,JUS-WJ;;"IT \lf 1;!)9~ @.A~83/9'!l); ANO !'il.©J.CTEO IN THE .f'i.-O!l!.QA -SlATo PLANE CClQRD~kTE 5-'<'STEM ·(FLO•IDA EAST ZONE, 09011- BE-ARING S-ASIS lllf: E.illlT LINE OF SE(;]1i)l,I 50, J'.QWN$Hif :32 SOUTH, RANGE 39. EASi, BEARS- SOUTH OO'.Oi11'' \Vs!iT.

7. DISTANCE ARE DJSPI.AYED lN U,S. 51!m\'EY FEET AND D~CIM'AL PAA!S· JH[Ri,'.QF.

EXHIBIT. ;; A"

. .... <::'~·.-.::

I CARTEE ASSOCIATES, INC. CONSULTING. ENGINEEJ1S AND LAND SURVJl)YORS

1708 21ST STREE'r VERO BEACH,. FLORl)lA 32960'-34 72'

l"RdJ. #. D11AW!N~ # DATE, 7/ 14/10

Page 115: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

SUTCH AND DESCRIPTION PROPOSED DRAi:NAGE EASEMENT

.GENERAL NO'J!!1S: 1 •. UN.i.E$$ fi 61'.ARil THE SIG~A'!IJR!< -AND· THE OR!GINAL RN$!> ~~L 'OF A FtORIO'A UCEN>IW SURV.VQR• AND MAl'P.-ER THIS DRAWING, S!(ETCII, P.L~T OR !.1,W !!i F¢.I'/ INFORMAT!¢t'l;,.I, l'~RPQS!ll; ONi y· ;1,NO- IS NOT \FAl/p.

2. !.ANDS· SHOWN HEREQN W[RE: NOT AB!if18ACTE!l .OR; Rl';S!lAROHl:'ll 8¥ nu:; OfF!g: fQR RIGilTS~OF'-WA:Y, EASEME!ffS Of ~ECQRJ,, RESERYJ\ TIONS; OWNllRSll)P: ABANOON.MliN'tS, Olt_Ep Rf;Stl'IIC1!0NS, Z:Gl'ilN!l RE\li!ltA'lio!IS QR SE'IBACK LINES, tAf.10 USE PLAN 41ESJGNATIOI\I, AJJJOINJNG DEIIDS GR. l.!OflPHY A~r QEtos, '!Hi$ $URVE\' f.a ~GT l~l'li:NJ,>Ej) T-0' PEU\(EA'IE WKll,ANDS,. LOtAl AREAS OF C°ONCERN !)8 ANY O'IMER JUR)st)J(nJON>\l DETERMINATION.

;;. THIS DESC~IF'llb~ AND $]{ETCH CONSISTS ·OF 2 SHEns AN.D ONE JS• NOT VAUO WITHOUT 1HE O'IHER.

4. THiS EliHIBIT D.OES. ~OT .1N1'E~·o TO. eEFL<CT OR OETERM!No OWNI:~s8JP,

5. THIS ,IS NOJ A BOQ~OARY S1JR\/E¥. THIS .IS A S~ETCH bF LEGf..L 0·i;scRJP1lON ONLY. . ·

~. ilJ,ARIN.i,; QATUM JS BMit!l: V~J;N THE NORTH AMEMCAN ~Al~M QF 1.gg~, A.D,JlJSU,!i;,rr \>f W9~ (!i/lD83/'S~); /\ND fl\JJ,JEC°f!:O IN THe .~Ltlfl.J.i:>~ -$TATJ;; PU!NE CO.QRDINklt S-'ISJEM ·(FL081DA EAST ZONE', 09(}1). BEARING BASIS 1liE EAST Ui\lE OF 'SECTIOII 50, tQ'WNSHIP ·32 SOUTH, RANGE 39. EAST, BEARS SOUTH oo,p7'1;'•' W,:$1. . . . .

7. DISTANCE ~RE: DISPLAYED TN U,S. 51'1l<VEY FEET AND DECIM'AL PARlS· JliE.RsOF.

EXHIBIT ;; A"

I CARTER .ASSOCIATES, INC. CONSULTING ENGINEERS ~Il LAND SURV)i)YORS

1 '708 :HST STREET VERO BEACH,. FtOR!llA 32960'-34 72

EXHiBlf

i £-'.'.!..

1 9

Page 116: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

131?::, Attorney's Matters - B.C.C. 02.08.11

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: Board of County Commissioners

FROM: ~~

Alan S. Polackwich, Sr., County Attorney

DATE: February 1, 2011

SUBJECT: Concealed Weapons in County Parks

BACKGROUND.

Section 205.03, IRC Code, prohibits a person from carrying a gun, pistol or firearm in a County park or recreational facility without a permit from the IRC Recreation Department. This provision appears to conflict with State law, as follows: (1) section 790.33, Florida Statutes, which expressly preempts to State law "the whole field of regulation of firearms and ammunition, including ... ownership, possession, and transportation thereof, to the exclusion of all existing and future county . . . ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void," and (2) section 790.01 and 790.06, Florida Statutes, which allow individuals who hold a valid concealed weapons license to carry concealed weapons in all places except those specifically listed in the statute. County parks and recreational facilities are not among those places listed.

APPROVED FOR FEBRUARY 8, 201 I B.C.C. MEETING-AITORNEY'S MAITERS

~~ .s. (2 ~----.1 COUNTY AITORNEY

F:\A11orneylli1rdd\.GENeRADB C Cv\genda Memol\Concealad Weapons in Parks 01.tloc

Indian River Co.

Budget

Dept. Risk Mgr. -

110

Page 117: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Board of County Commissioners February I, 2011 Page Two

A concerned citizen has brought the issue to the attention of the County and requested that the Code be amended to be consistent with State law. It should also be noted that Palm Beach County recently went through the same amendment process with its Code.

Under these circumstances, the County Attorney is bringing the issue forward for consideration by the Board of County Commissioners.

RECOMMENDATION.

The County Attorney recommends that the Board direct the County Attorney to initiate the process of amending section 205.03, IRC Code to be consistent with State law by allowing a person holding a valid concealed weapons license to carry a concealed weapon in County parks and recreational facilities.

ASP:LAC

F:IAttorneyll.inJd\GENERAL\B C (),Agenda MemoACon,;ealed Weapon, in P,,,-ks OJ.doc

1 1 1

Page 118: Indian River County Board of County Commissioners …...February 8, 2011 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY

Attorney's Matters -B.C.C. 02.08.11

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND.

MEMORANDUM

Board of County Commissioners

G.::Jc-:> Alan S. Polackwich, Sr., County Attorney

February 1, 2011

Interim Report Regarding County Committees, Boards and Councils -Member Terms

In January 2011, the County Attorney was asked to review and determine the terms of office of the members of 13 county committees, boards and councils (collectively "committees") (list attached). The concern was that the terms of office of existing members were either unclear or out of sync with code or statutory language setting the terms.

To date, the County Attorney has determined the following:

1. There is in fact uncertainty that needs to be resolved with respect to several committees. The uncertainty arises primarily from two facts: (a) the code provision which generally governs terms of office - section 103.02 - contains an internal inconsistency which needs to be corrected, and (b) once appointed, members have sometimes served for many years, without periodic formal reappointments; and

APPROVED FOR FEBRUARY 8, 2011 B.C.C. MEETING-ATTORNEY'S MATTERS

c::«?4- -r ~~-couNTY A OF.NEY

F.I\A11onu,;'l[JIWlilGENERAL\B C CV\g,.nda MomoACommiuee Tern"' Of.dot,

Indian River Co.

Admin.

Co. Atty. Budget

Dept. Risk Mgr.

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Board of County Commissioners February 1, 2011 Page Two

2. Specifically with regard to section 103.02, this section governs terms of office in the absence of a more specific provision applicable to a specific committee. Section 103.02 provides that terms shall be for two years, commencing in January of odd numbered years (e.g., 2009, 2011, 2013, etc.), and shall be staggered so that the number of vacancies in any given year shall match up, as nearly as possible, with the number of BCC seats filled in the prior election. This _language is internally inconsistent because two year terms which all commence in odd numbered years cannot be staggered - all member positions are subject to reappointment every two years.

The County Attorney suggests a three-step permanent solution to the problem: (1) section 103.02 will be amended to provide for four year terms, which will enable terms to be staggered to match up with BCC elections, (2) all committees will be reviewed and specific positions will be matched up with specific terms so that committee members and County staff will have a clear understanding of existing member terms. If existing member terms cannot be determined from available records, the committees themselves will be asked to allocate terms among their members, and (3) going forward, a member of County staff will be identified to monitor future member terms to ensure that they remain in sync with code and statutory language setting the terms. To the extent that unique issues are found with respect to one or more committees, additional, specifically tailored solutions may become necessary.

The County Attorney invites Board comment on this proposed solution.

In the meantime, to ensure that the terms of existing BCC appointed committee members do not expire while a permanent solution is being implemented, the County Attorney proposes the adoption of a resolution generally extending the existing terms of such members until further action, or until a specific appointment is made with respect to a specific position. A copy of the proposed resolution is attached.

RECOMMENDATION.

The County Attorney recommends that the Board (1) consider the proposed solution outlined above, offer any comments or suggestions and direct the County Attorney to proceed with the implementation of a permanent solution acceptable to the Board, and (2) adopt the attached res.olution to extend BCC appointed member terms while the permanent solution is being implemented.

ATTACHMENT(S).

I. List of county committees, boards and councils 2. Proposed resolution extending BCC appointed member terms 3. IRC Code section 103.02

ASP:LAC Attachments

F:IA1mmey--.UnM.GENERAL\8 C C\Agenda Menwl\Commiuu Tenns OJ.doc

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LIST OF COMMITTEES

Children's Services Advisory Committee

Affordable Housing Advisory Committee

Code Enforcement Board

Construction Board of Adjustment and Appeals

County Public Safety Coordinating Council

Enterprise Zone Development Agency

Environmental Control Hearing Board

Tourist Development Council

Agricultural Advisory Committee

Beach and Shore Preservation Advisory Committee

Board of Zoning Adjustment

Economic Development Council

Planning and Zoning Commission

FAA11ornq,Lindd\GENERAL\B C o.Ag,mJn MemoJ-.Commillu Terms - I1s1,doc

IRC Code 103.22

IRC Code 308.07

Fla. St., Section 162.05

Florida Building Code, Section 112.2.2

Fla. St., Section 951.26

IRC BCC Resolution 2005-085

IRC Code 103.02

IRC Code 103.05

IRC BCC Resolution 2003-125

IRC BCCResolution 2003-126

IRC Code 103.02

IRC Code 103.02 and BCC Resolution 2003-127

IRC Code 103.02

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RESOLUTION 2011-

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TEMPORARILY EXTENDING THE TERMS OF CERTAIN MEMBERS OF VARIOUS COMMITTEES, BOARDS AND COUNCILS.

WHEREAS, the Board of County Commissioners has determined that uncertainty exists with respect to the terms of office of some Board appointed members of various County committees, boards and councils (collectively "committees") and that the terms of office of some members may be out of sync with code or statutory language setting the terms; and

WHEREAS, the uncertainty arises primarily from the following (1) the code provision which generally governs terms of office - section 103.02- contains an internal inconsistency which needs to- be corrected, and (2) once appointed, members have sometimes served for many years, without formal periodic reappointments; and

WHEREAS, in order to provide sufficient time to implement a permanent solution to the matter, it is appropriate temporarily to extend the terms of currently sitting, Board appointed members of such committees as set forth herein.

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

1. To the extent that the term of office of any currently sitting, Board appointed member of a committee has technically expired prior to the effective date of this resolution, or would otherwise expire during the effective period of this resolution, such term is hereby extended until further action of the Board, either generally with respect to all such committee members or specifically with respect to one or more specific committee members. This action shall apply to all currently sitting, Board appointed members of the committees listed on Exhibit A attached hereto.

2. This resolution shall become effective upon adoption by the Board, and shall remain in effect until terminated by further Board action.

The resolution was moved for adoption by Commissioner ______ , and the motion was seconded by Commissioner _____ , and, upon being put to a vote, the vote was as follows:

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

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RESOLUTION 2011-

The Chairman thereupon declared the resolution duly passed and adopted this _day of ______ ~ 2011.

Attest: J. K. Barton, Clerk

By __________ _

Deputy Clerk

Approved for form and legal sufficiency:

c;;lp..,_,4 ~-Alan S. Polackwich, Sr. / County Attorney

INDIAN RIVER COUNTY Board of County Commissioners

By __________ _

Bob Solari, Chairman

BCC approval date: _____ _

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EXHIBIT A TO RESOLUTION 2011 -

Children's Services Advisory Committee

Affordable Housing Advisory Committee

Code Enforcement Board

Construction Board of Adjustment and Appeals

County Public Safety Coordinating Council

Enterprise Zone Development Agency

Environmental Control Hearing Board

Tourist Development Council

Agricultural Advisory Committee

Beach & Shore Preservation Advisory Committee

Board of Zoning Adjustment

Economic Development Council

Planning and Zoning Commission

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COMMISSIONS AND BOARDS § 103,02

CHAPTER 103. COMMISSIONS AND BOARDS*

Sec. 103.01. Sec. 103.02.

Sec. 103.03. Sec. 103.04. Sec. 103.04.1. Sec. 103.04.2. Sec. 103.05. Sec. 103.06. Sec. 103.07.

Sec. 103.08. Sec. 103.09.

Part I. In General

General. General provisions applicable to all to commissions and boards. Regulatory commissions and boards. Advisory commissions and boards. Ex officio members of commissions and boards. Voting conflicts. Tourist development council. Code enforcement special master. Code enforcement citation procedures­General. Same-Contracting. The Indian River County Enterprise Development Agency.

Secs. 103.10-103.19. Reserved.

Part II. Children's Services Advisory Committee Sec. 103.20. Purpose. Sec. 103.21. Objective. Sec. 103.22. Appointment to the children's services

advisory committee. Sec. 103.23. Duties of the children's services advisory

committee members. Sec. 103,24. Sub-committees. Sec. 103.25. Meetings. Sec. 103.26. Funding. Sec. 103.27. Distribution of funds. Sec. 103.28. Cooperative agreements. Sec. 103,29. Bookkeeping and audit. Sec. 103.30. Function of executive staff officer. Sec. 103,31. Procedures handbook.

PART I. IN GENERALt

Section 103.01. General.

The board of county commissioners will, from time to time, establish commissions and boards to

*Editor's note-It should be noted that Res. No. 92-59, adopted April 21, 1992, adopts a schedule of penalties for county code violations cited in accordance with the citation provisions of County Code Chapter 103 and establishes noti­fication time frames for different types of code violations and designates code enforcement officers for purposes of imple­menting the citation provisions of County Code Chapter 103. Said resolution is not set out herein, but is on file and available for inspection in the county offices. Also, Ord. No .. 97-17, amended Ch. 103 by designating§§ 103.01-103.08 as Part I and adding provisions designated as Part II. See the Code Comparative Table.

tEditor's note-Ord. No. 97-17, § 1, adopted May 13, 1997, amended the Code by designating former Ch. 103 as Part I-of Chapter 103. See the Code Comparative Table.

advise the board of county commissioners and staff with respect to specific governmental action by making decisions on the disposition of certain matters coming before the board or commission. Commissions and boards which give only advice are designated "advisory." Commissions and hoards which give advice and take governmental action are designated "regulatory." (Ord. No. 90-20, § 1, 9-18-90)

Section 103.02. General provisions applica­ble to all commissions and boards.

1. Terms, reappointment and vacancies. Un­less specified otherwise, the regular term of office shall be two (2) years. Members may serve until their successors are appointed. Members may be reappointed. Vacancies shall be filled for the un­expired term.

2. Number of members. All boards and commis­sions shall have five (5) members each unless otherwise stated in the documents creating the board.

3. Appointment dates. All appointments shall be from the first meeting of that board in January of each odd-numbered year with the terms stag­gered so that the number of people appointed shall be equal or in proportion to the number of commission seats normally filled in the previous election.

In order to effectuate this policy, the present terms of all commission and board members in office at the time of adoption of this Code may be extended or shortened by resolution of the com­mission or the normal appointment terms may be shortened.

4. Removal. Members shall serve at the plea­sure of the county commission.

5. Absence of members. Absence of any mem­ber from three (3) consecutive meetings without approval of the commission or board on which he sits shall constitute an abandonment of the office by such member.

Supp. No. 58 103/1

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§ 103.02 INDIAN RIVER COUNTY CODE

6. Serve in advisory capacity. Commissions and boards shall act only in an advisory capacity to the county commission except as otherwise pro­vided.

7. Compensation. Members shall receive no salary, but the county commission may make provision for the payment of any expenses neces­sary to the proper functioning of the commission or board.

8. Meetings. Unless otherwise provided, all meetings shall be given public notice by the executive aide to the commission, shall be open to the public, and shall generally be held in the County Commission Chambers, 1840 25th Street, Vero Beach. Unless provided by the clerk of the court or a department secretary, the executive aide shall provide secretaries for all commissions and boards and shall keep minutes and a perma­nent record of their proceedings. A copy of the minutes shall be forwarded to the board to the county commission upon request.

9. Election of officers. Each commission and board shall elect from among its voting members a chairman and a vice-chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Except as other­wise provided by state or federal law, a county commissioner appointed as a representative of the board of county commissioners to a commis­sion or board shall be the board's non-voting liaison to such commission or board.

10. Rules of procedure. Each commission and board shall follow such appropriate rules of pro­cedure as are set forth by this Code for the county commission and shall meet as necessary.

11. Quorum. A majority of members of any commission or board shall constitute a quorum.

12. Commission or board action. Any matter, motion, or application before any commission or board with five (5) members or less must receive the affirmative vote of at least three (3) members for passage. Any matter, motion, or application before any commission or board with more than five (5) members must receive the affirmative vote of at least four (4) members and a majority of those present for passage. Any matter, motion, or

application which is voted on and which receives less than the number of votes required for pas­sage shall be deemed to have been denied. (Ord. No. 90-20, § 1, 9-18-90; Ord. No. 2003-010, § 1, 3-11-03)

Section 103.03. Regulatory commissions and boards.

1. Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist of seven (7) members plus a school board representative designated and approved by the school board who shall be a non-voting mem­ber of the planning and zoning commission. Each county commissioner shall ~ppqint one (1) mem­ber who must reside in that commissioner's dis­trict. The remaining two (2) members shall be appointed from the public at large. The board shall be the local planning agency for the county. All members shall be residents of the county.

2. Board of zoning adjustment. There is hereby created a board of zoning adjustment to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. All members shall be residents of Indian River County.

3. Code enforcement board. There is hereby created the Indian River County Code Enforce­ment Board pursuant to authority and procedures of Chapter 162, Florida Statutes. The board shall be constituted and have powers and responsibili­ties as set forth in Chapter 162, Florida Statutes.

4. Indian River County Environme.ntal Control Board. There is hereby created the Indian River County Environmental Control Board pursuant to the authority and procedures of Chapter 85-427, Laws of Florida. The board shall be consti­tuted and have powers and responsibility as set forth in said laws of Florida. It shall appoint a five-member hearing board pursuant to and with powers provided by said Laws of Florida.

5. There is hereby created a Children's Ser­vices Network (CSNetwork), an advisory board to the Indian River County Board of Commissioners, to carry out the procedures, duties and functions set forth in Part II of this chapter. (Ord. No. 90-20, § 1, 9-18-90; Ord. No. 97-17, § 1, 5-13-97; Ord. No. 2001-020, § 1, 7-17-01; Ord. No. 2003-036, § 1, 12-2-03; Ord. No. 2003-040, 12-9-03; Ord. No. 2005-023, § 1, 7-19-05)

Supp. No. 58 103/2

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TO:

DATE:

ITEM 14.E1 February 8, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

February 1, 2011

SUBJECT: Senate Bill 270

FROM: Peter D. O'Bryan, Commissioner District 4

I am requesting consideration from the Board of County Commissioners to approve a Resolution opposing Senate Bill 270. Senate Bill 270 is an unfunded mandate, which could cut $3 to $4 million dollars from next year's budget. In addition, this will also have a negative impact on the School District, Hospital District, and all other Taxing Districts.

Attachment: Senate Bill 270

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Florida Senate - 2011 SB 270

By Senator Bennett

21-00367-11 2011270

A bill to be entitled

An act relating to property tax discounts for early

payment; amending s. 197.162, F.S.; increasing the

discount rates for early payment of property taxes;

amending s. 200.065, F.S.; lowering the percentage of

certified taxable value to be used by taxing

authorities in preparing tentative budgets; amending

s. 197.222, F.S.; increasing the discount rates for

prepayment of property tax by the installment method;

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 197.162, Florida Statutes, is amended to

read:

197.162 Discounts; amount and time.-On all taxes assessed

on the county tax rolls and collected by the county tax

collector, discounts for early payment thereof shall be at the

rate off 4 percent in the month of November or at any time

within 30 days after the mailing of the original tax notice; 6 ~

percent in the month of December; i ~ percent in the following

month of January; I± percent in the following month of

February; and zero percent in the following month of March or

within 30 days prior to the date of delinquency if the date of

delinquency is after April 1. When a taxpayer makes a request to

have the original tax notice corrected, the discount rate for

early payment applicable at the time the request for correction

is made shall apply for 30 days after the mailing of the

corrected tax notice. A discount shall apply at the rate of 8 4

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Florida Senate - 2011 SB 270

21-00367-11 2011270

30 percent for 30 days after the mailing of a tax notice resulting

31 from the action of a value adjustment board. Thereafter, the

32 regular discount periods shall apply. For the purposes of this

33 section, when a discount period ends on a Saturday, Sunday, or

34 legal holiday, the discount period shall be extended to the next

35 working day, if payment is delivered to a designated collection

36 office of the tax collector.

37 Section 2. Paragraph (a} of subsection (2) of section

38 200.065, Florida Statutes, is amended to read:

39 200.065 Method of fixing millage.-

40 (2) No millage shall be levied until a resolution or

41 ordinance has been approved by the governing board of the taxing

42 authority which resolution or ordinance must be approved by the

43 taxing authority according to the following procedure:

44 (a}l. Upon preparation of a tentative budget, but prior to

45 adoption thereof, each taxing authority shall compute a proposed

46 millage rate necessary to fund the tentative budget other than

47 the portion of the budget to be funded from sources other than

48 ad valorem taxes. In computing proposed or final millage rates,

49 each taxing authority shall use utilize not less than 91 -9-§.

50 percent of the taxable value certified pursuant to subsection

51 ( 1} .

52 2. The tentative budget of the county commission shall be

53 prepared and submitted in accordance withs. 129.03.

54 3. The tentative budget of the school district shall be

55 prepared and submitted in accordance with chapter 1011, provided

56 that the date of submission shall not be' later than 24 days

57 after certification of value pursuant to subsection (1).

58 4. Taxing authorities other than the county and school

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Florida Senate - 2011 SB 270

21-00367-11 2011270

district shall prepare and consider tentative and final budgets

in accordance with this section and applicable provisions of

law, including budget procedures applicable to the taxing

authority, provided such procedures do not conflict with general

law.

Section 3. Subsection (1) of section 197.222, Florida

Statutes, is amended to read:

197.222 Prepayment of estimated tax by installment method.­

(1) Taxes collected pursuant to this chapter may be prepaid

in installments as provided in this section. A taxpayer may

elect to prepay by installments for each tax notice with taxes

estimated to be more than $100. A taxpayer who elects to prepay

taxes shall make payments based upon an estimated tax equal to

the actual taxes levied upon the subject property in the prior

year. Such taxpayer shall complete and file an application for

each tax notice to prepay such taxes by installment with the tax

collector prior to May 1 of the year in which the taxpayer

elects to prepay taxes in installments pursuant to this section.

The application shall be made on forms supplied by the

department and provided to the taxpayer by the tax collector.

After submission of an initial application, a taxpayer shall not

be required to submit additional annual applications as long as

he or she continues to elect to prepay taxes in installments

pursuant to this section. However, if in any year the taxpayer

does not so elect, reapplication shall be required for a

subsequent election to do so. Installment payments shall be made

according to the following schedule:

(a) The first payment of one-quarter of the total amount of

estimated taxes due shall be made not later than June 30 of the

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Florida Senate - 2011 SB 270

21-00367-11 2011270

year in which the taxes are assessed. A 12 percent 6 pereeat

discount applied against the amount of the installment shall be

granted for such payment. The tax collector may accept a late

payment of the first installment under this paragraph within 30

days after June 30; such late payment must be accompanied by a

penalty of 10 ~ percent of the amount of the installment due.

(b) The second payment of one-quarter of the total amount

of estimated taxes due shall be made not later than September 30

of the year in which the taxes are assessed. A 9 percent -4---.-§-­

pereeat discount appl~ed against the amount of the installment

shall be granted for such payment.

(c) The third payment of one-quarter of the total amount of

estimated taxes due, plus one-half of any adjustment made

pursuant to a determination of actual tax liability, shall be

made not later than December 31 of the year in which taxes are

assessed. A 6 percent 3 pereeat discount applied against the

amount of the installment shall be granted for such payment.

(d) The fourth payment of one-quarter of the total amount

of estimated taxes due, plus one-half of any adjustment made

pursuant to a determination of actual tax liability, shall be

made not later than March 31 following the year in which taxes

are assessed. No discount shall be granted for such payment.

(e) For purposes of this section, when an installment due

date falls on a Saturday, Sunday, or legal holiday, the due date

for the installment shall be the next working day, if the

installment payment is delivered to a designated collection

office of the tax collector. Taxpayers making such payment shall

be entitled to the applicable discount rate authorized in this

section.

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Florida Senate - 2011 SB 270

21-00367-11 2011270

117 Section 4. This act shall take effect July 1, 2011.

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