Indian River County Board of County Commisioners …...Large requirements, please submit an application and resume to the Board of County Commissioners Office, County Administration

January 11, 2011 Page 1 of 5

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

Stan Boling, Planning Director

3. PLEDGE OF ALLEGIANCE

Commissioner Wesley S. Davis

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

None

Indian River County Administration Complex 1800 27th Street, Building B Conference Room B1-501

Vero Beach, Florida, 32960-3388 www.ircgov.com

TUESDAY, JANUARY 11, 2011 - 9:00 A.M.


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

A. Resignation of the Member-at-Large to the Planning & Zoning Commission (memorandum dated January 3, 2011) 1-2

CONVENE JOINT MEETING WITH CITY OF VERO BEACH CITY COUNCIL

Upon completion of Joint Meeting, Regular Meeting of the Board of County Commission will be resumed 3

8. CONSENT AGENDA

A. Approval of Warrants and Wires December 17, 2010 to December 28, 2010

(memorandum dated December 28, 2010) 4-10 B. Windsor Properties Acceptance of Temporary Blanket Easement for Utilities

Until Property is Platted Depicting a Perpetual Easement (memorandum dated January 4, 2011) 11-15

C. Retirement Award Honoring Brian J. Letts on His retirement From Indian

River County Board of County Commissioners Department of Utility Services Solid Waste Disposal District for Twenty-Five Years Service 16-17

D. Retirement Award Honoring James Hobbs on His retirement From Indian River County Board of County Commissioners Department of Utility Services Solid Waste Disposal District for Twenty-Three Years Service 18-19

E. Retirement Award Honoring Floyd D. Queen on His retirement From Indian River County Board of County Commissioners Department of Utility Services Solid Waste Disposal District for Seventeen Years Service 20-21

F. AT&T Managed Internet Service (MIS) Agreements (memorandum dated January 5, 2011) 22-58

G. Final Pay to Schulke, Bittle & Stoddard for Continuing Consulting Services for Work Order No. 10 for Construction Administration Services for 16th Street and 66th Avenue Water Main and Sewer Force Main Facilities, UCP No. 4023, WIP No. 472-169000-09508 (memorandum dated December 22, 2010) 59-61

H. Appraisal Agreement with the Spivey Group, Inc. for Dorothy B. Walker Tract (memorandum dated December 23, 2010) 62-65

I. Surety Bond for Carole Jean Jordan as Indian River County Tax Collector (memorandum dated January 4, 2011) 66-68


9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Pointe West of Vero Beach, Ltd.’s Request to Modify the Approved Planned Development (PD) Conceptual Plan for the Pointe West School Site (Tract M) (memorandum dated December 13, 2010 69-79

Legislative

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None


12. DEPARTMENTAL MATTERS PAGE

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

1. Approval of Bid Award for IRC Bid No. 2011022, Barrier Island Reuse Water System Improvements & SR 510 Reuse Water System Improvements Construction Contract Recommendation of Award (memorandum dated December 29, 2010) 80-94

13. COUNTY ATTORNEY MATTERS

None

14. COMMISSIONERS ITEMS

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

None


15. SPECIAL DISTRICTS AND BOARDS PAGE

A. Emergency Services District

None

B. Solid Waste Disposal District

1. Amendment No. 1 to Work Order No. 13 to Camp Dresser & McKee Inc. (CDM) for Engineering Services with the 2011 Annual Compliance Monitoring and Reporting (memorandum dated December 27, 2010) 95-108

2. Amendment No. 1 to Work Order No. 14 to Camp Dresser & McKee Inc. (CDM) for Engineering Services with the 2011 Annual Financial Reports (memorandum dated December 27, 2010) 109-116

C. Environmental Control Board

None

16. ADJOURNMENT

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

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

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

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

To:

Date:

Subject:

From:

January 11, 2011 INFORMATIONAL ITEM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

January 3, 2011

Resignation of the Member-at-Large to the Planning & Zoning Commission

Misty L. Pursel Commissioner Assistant, District 1

Dr. David Cox, Member-at-Large Representative to the Planning & Zoning Commission, has submitted his resignation via letter dated December 28, 2010, effective immediately. His term would expire January 2011.

Anyone interested in serving on the Planning & Zoning Commission meeting the Member-atLarge requirements, please submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 2?1h Street, Vero Beach, FL 32960. Applications can be accessed on•line: www.ircgov.com/boards/Committee · Application or at the Board of County Commissioner's Office.

1

28 December 2oro

fl:- ,.,~ ;303··.1, '~

·WI'~ ·r5\ . ' a> .-.:..J 0:,

Mr. Stan Bo.ling, Ptanhing Director Community Development Department 1801 27th Strel:it

. ,; \ · ,, ; i;, ·~• . ::)f DAVID C~ CONSULTING

Ecolog_h:al Services

Vero Beach, FL 12960

Dl:iar Stan:

It has. been an honorto servethe citizens oflnqlan River County on the Planning & Zoning Commission. As you know, I was appo.lnted to theOistrict 2 Seat by Commissioner Ruth Stanbridge In 1998, retilined by C-0mmiss.ioner Art Neuberger, and later re-appointed .as one of two Member-at-Large Commissioners by the Board of Co.untyCornmissioners in Jan(lary, 2009.

My tenure on the PZC included both the,"boom and the bust!"Soml:itirnes I hl')Ve been an outspoken ¢i'ltic of county policies, often a supporter. Always, however, I have respected the expertise and professionalism of county staff and my colle;igpes on the Planning & Zoning Commission. We have accomplished much together over these yeilrs.

A powerful force of nature - my wife - now motivates me to withdraw from the PZC, so that we can travel extensively this next year. And so, I offer my resignation from the Planning & Zoning Commission effective after any meetings in January,. 2011.

1. cons.id er myself to have been exceptionally fortunate tO have served with each of the "crops" of PZC Commissioners, especially the currentmembers. I agree with our last Chair, {now Ex) Commissioner Greg Smith, that this group has been one of the most effective, efficient and fair I have seen in the county.

Th<1nk. you again and best wishes for the future!

2044 1-lth Avenue, S.uite 24

Vero Beach FL 32960

dlc@davidcox<:(lnsulti,ri_g'._c,::im

Sinc;erely,

/-tl?/<---ikz,)( David L. Cox, Ph.D. Member-at-Large lndJan River County Planning &Zoning Commission

(&~ v,;~ r.,;1.,,J

2,

TUESDAY, JANUARY llrn, 2011 9:00 A.M.

JOINT MEETING INDIAN RIVER COUNTY

BOARD OF COUNTY COMMISSIONERS AND

CITY OF VERO BEACH CITY COUNCIL

Indian River County Administration Complex 1800 27th Street, Building B

Room Bl-501 Vero Beach, Florida

AGENDA

I. CALL TO ORDER - Chairman Bob Solari

2. INTRODUCTION OF INDIAN RJVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STAFF Chairman Bob Solari

3. INTRODUCTION OF CITY OF VERO BEACH CITY COUNCIL AND STAFF Mayor Jay Kramer

4. DISCUSSION: POSSIBLE EXCHANGE OF CITY OWNED AND COUNTY OWNED PROPERTIES AT THE FORMER DODGER TOWN COMPLEX a. Introductory Comments b. Presentation by Craig Callan, Vice President, Vero Beach Sports Village c. Presentation by City of Vero Beach d. Presentation by Indian River County

5. QUESTIONS AND COMMENTS FROM COMMISSIONERS AND COUNCIL MEMBERS

6. QUESTIONS AND COMMENTS FROM PUBLIC

7. COMMISSION AND COUNCIL ACTION

8. ADJOURN

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.

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

January II, 2011 -Joint Meeting

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.

Indian River County Board of County Commissioners and City of Vero Beach City Council

Page 1 of 1 3

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: December 28, 2010

SUBJECT: APPROVAL OF WARRANTS AND WIRES December 17, 2010 to December 28, 2010

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of December 17, 2010 to December 28, 2010.

Attachment:

DB:MS

3A

4

CHECKS WRITTEN

CHECKNBR CK DATE VENDOR AMOUNT 260857 12/17/2010 GENE PERRY 297.00 260858 12/17/2010 SKIP DAVIS 0.00 VOID REISSUED 260859 12/17/2010 CHERYL PRIMEAU 215.00 260860 12/17/2010 IDA WOLFE 145.90 260861 12/20/2010 BENEFITS WORKSHOP 667.44 260862 12/20/2010 SKIP DAVIS 46.20 260863 12/21/2010 ILLINOIS STATE DISBURSEMENT UNIT 142.32 260864 12/21/2010 CHAPTER13TRUSTEE 589.05 260865 12/21/2010 V B FIREFIGHTERS ASSOC 6,090.00 260866 12/21/2010 IR FEDERAL CREDIT UNION 52,506.36 260867 12/21/2010 UNITED WAY OF INDIAN RIVER COUNTY 1,285.88 260868 12/21/2010 TEAMSTERS LOCAL UNION #769 6,562.00 260869 12/21/2010 CALIFORNIA STATE DISBURSEMENT UNIT 120.92 260870 12/21/2010 MISDU MICHIGAN STATE 478.85 260871 12/21/2010 BOARD OF COUNTY COMMISSIONERS 174.00 260872 12/21/2010 ADMIN FOR CHILD SUPPORT ENFORCEMENT 190.40 260873 12/21/2010 ADMIN FOR CHILD SUPPORT ENFORCEMENT 193.00 260874 12/21/2010 ADMIN FOR CHILD SUPPORT ENFORCEMENT 107.70 260875 12/21/2010 NYS CHILD SUPPORT 195.27 260876 12/21/2010 O!-l.10 CHILD SUPPORT 235.39 260877 12/22/2010 CLERK OF CIRCUIT COURT o.oo VOID REISSUED 260878 12/28/2010 EVERGLADES FARM EQUIPMENT CO INC 408.60 260879 12/28/2010 CONTECH CONSTRUCTION PRODUCTS INC 4,822.10 260880 12/28/2010 PORT CONSOLIDATED INC 482.22 260881 12/28/2010 PARKS RENTAL & SALES INC 179.75 260882 12/28/2010 PRAXAIR DISTRIBUTION SOUTHEAST LLC 505.59 260883 12/28/2010 GENERAL GMC TRUCK SALES & SERVICE 58.42 260884 12/28/2010 JORDAN MOWER INC 475.98 260885 12/28/2010 INDIAN RlVERAUTO PARTS LLC 286.18 260886 12/28/2010 INDIAN RlVERAUTO PARTS LLC 69.43 260887 12/28/2010 COLKITT SHEET METAL & A/C INC 214.00 260888 12/28/2010 COMMUNICATIONS INTERNATIONAL 184.35 .260889 12/28/2010 ROBINSON EQUIPMENT COMP ANY INC 956.34 260890 12/28/2010 TEN-8 FIRE EQUIPMENT INC 398.65 260891 12/28/2010 RANGER CONSTRUCTION IND INC 95.45 260892 12/28/2010 CHISHOLM CORP OF VERO 117.20 260893 12/28/2010 KIMLEY HORN_ & ASSOC INC 17,220.50 260894 12/28/2010 HENRY SCHEIN INC 5,879.70 260895 12/28/2010 NORTH SOUTH SUPPLY INC 59.20 260896 12/28/2010 VELDE FORD INC 3,653.61 260897 12/28/2010 STEWART MINING INDUSTRIES INC 329.92 260898 12/28/2010 DATA FLOW SYSTEMS INC 2,620.95 260899 12/28/2010 LIGHTSOURCE IMAGING SOLUTIONS LLC 3,227.38 260900 12/28/2010 SEWELL HARDWARE CO INC 267.95 260901 12/28/2010 PARALEE COMPANY INC 400.00 260902 12/28/2010 E-Z BREW COFFEE & BOTTLE WATER SVC 9.99 260903 12/28/2010 KELLY TRACTOR CO 65.08 260904 12/28/2010 COCA COLA ENTERPRISE 191.04 260905 12/28/2010 DEMCOINC 21.23 260906 12/28/2010 VERO LAWNMOWER CENTER INC 20.60 260907 12/28/2010 THE GALE GROUP 27.00 260908 12/28/2010 ACTION TRANSMISSION & A/C SERVICE 1,917.55 260909 12/28/2010 AMERlGAS EAGLE PROPANE LP 1,048.64 260910 12/28/2010 AMERlGAS EAGLE PROPANE LP 3,504.69 260911 12/28/2010 AMERlGAS EAGLE PROPANE LP 598.76 260912 12/28/2010 MIKES GARAGE & WRECKER SERVICE INC 330.00 260913 12/28/2010 GAYLORD BROTHERS INC 1,070.00 260914 12/28/2010 APPLE INDUSTRIAL SUPPLY CO 657.22

1 5

CHECKNBR CKDATE VENDOR AMOUNT 260915 12/28/2010 LFI FORT PIERCE INC 612.75 260916 12/28/2010 MASTELLER MOLER REED & TAYLOR INC 3,760.50 260917 12/28/2010 ALLIED ELECTRONICS INC 427.54 260918 12/28/2010 MEEKS PLUMBING INC 99.00 260919 12/28/2010 BLOSYSTEMS LLC 575.00 260920 12/28/2010 HD SUPPLY WATERWORKS, LTD 4,610.30 260921 12/28/2010 SCHULKE BITTLE & STODDARD LLC 1,453.73 260922 12/28/2010 VERO INDUSTRIAL SUPPLY INC 124.71 260923 12/28/2010 SIGNAL GROUP INC 63,134.50 260924 12/28/2010 PROFORMA IMAGING 36.05 260925 12/28/2010 TIRESOLES OF BROWARD INC 2,550.12 260926 12/28/2010 ECOLOGICAL ASSOCIATES INC 1,470.33 260927 12/28/2010 LYRASIS 365.99 260928 12/28/2010 ABCO GARAGE DOOR CO INC 327.10 260929 12/28/2010 CARTER ASSOCIATES INC 3,246.75 260930 12/28/2010 AERIAL CARTOGRAPIDCS OF AMERICA 2,895.00 260931 12/28/2010 ATLANTIC COASTAL TITLE CORP 75.00 260932 12/28/2010 DELL INC. 1,459.38 260933 12/28/2010 THE EXPEDITER 43.81 260934 12/28/2010 PETERSEN INDUSTRIES INC 14.39 260935 12/28/2010 GENERAL PART INC 3,045.46 260936 12/28/2010 GOODYEAR AUTO SERVICE CENTER 641.12 260937 12/28/2010 BAKER&TAYLORINC 1,087.51 260938 12/28/2010 MIDWEST TAPE 181.93 260939 12/28/2010 NORTHERN SAFETY CO INC 147.94 260940 12/28/2010 ARAMARK UNIFORM SERVICES 1,475.43 260941 12/28/2010 LOWES CO INC 906.74 260942 12/28/2010 FIRSTLAB 579.00 260943 12/28/2010 PALM TRUCK CENTERS INC 4,235.17 260944 12/28/2010 SVI SYSTEMS INC 412.50 260945 12/28/2010 RELIABLE POLY JOHN 28.86 260946 12/28/2010 HBELINC 4,703.00 260947 12/28/2010 JERE L BAXTER 450.00 260948 12/28/2010 PAUL CARONE 1,124.00 260949 12/28/2010 GIFFORD GROVES LTD 1,076.00 260950 12/28/2010 ROBERT E GREENE 2,635.41 260951 12/28/2010 LINDSEY GARDENS APARTMENTS 1,143.00 260952 12/28/2010 CREATIVE CHOICE HOMES XVI LTD 1,160.00 260953 12/28/2010 CLERK OF CIRCIBT COURT 1,970.20 260954 12/28/2010 INDIAN RIVER COUNTY HEALTH DEPT 48,338.00 260955 12/28/2010 INDIAN RIVER COUNTY 215,957.00 260956 12/28/2010 MEDICAL EXAMINERS OFFICE 26,134.66 260957 12/28/2010 VICTIM ASSISTANCE PROGRAM 4,031.25 260958 12/28/2010 ROGER J NICOSIA 1,500.00 260959 12/28/2010 CITY OF VERO BEACH 2,922.59 260960 12/28/2010 CITY OF VERO BEACH 1,877.66 260961 12/28/2010 CAMP DRESSER & MCKEE INC 2,845.00 260962 12/28/2010 INDIAN RIVER ALL FAB INC 982.04 260963 12/28/2010 AT&T 4,834.87 260964 12/28/2010 AT&T 127.84 260965 12/28/2010 UNITED PARCEL SERVICE INC 20.66 260966 12/28/2010 FERGUSON ENTERPRISES INC 21.25 260967 12/28/2010 EBSCO INFORMATION SERVICES 5,512.00 260968 12/28/2010 JANITORIAL DEPOT OF AMERICA INC 329.77 260969 12/28/2010 PUBLIX SUPERMARKETS 70.00 260970 12/28/2010 PUBLIX SUPERMARKETS 90.00 260971 12/28/2010 GEM-DANDY, INC 139.27 260972 12/28/2010 INDIAN RIVER COUNTY UTILITIES 218.50 260973 12/28/2010 TOTAL TRUCK PARTS INC 1,162.71 260974 12/28/2010 ACUSHNET COMPANY 183.47

2 6

CHECKNBR 260975 260976 260977 260978 260979 260980 260981 260982 260983 260984 260985 260986 260987 260988 260989 260990 260991 260992 260993 260994 260995 260996 260997 260998 260999 261000 261001 261002 261003 261004 261005 261006 261007 261008 261009 261010 261011 261012 261013 261014 261015 261016 261017 261018 261019 261020 261021 261022 261023 261024 261025 261026 261027 261028 261029 261030 261031 261032 261033 261034

CKDATE 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010

VENDOR INTERNATIONAL GOLF MAINTENANCE GEOSYNTEC CONSULTANTS INC DUMONT COMPANY, INC OFFICE DEPOT BSD CUSTOMER SVC FEDERAL EXPRESS DUNKELBERGER ENGINEERING & TESTING HYATT REGENCY PERKINS INDIAN RIVER PHARMACY SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF !RC INC FLORlDA POWER AND LIGHT FLORlDA POWER AND LIGHT ACUSHNET COMPANY ROSSWAY MOORE & TAYLOR TRUST ACCT BAG BOY COMPANY TAYLOR MADEGOLF CO INC SEBASTIAN RlVER MEDICAL CENTER AMERlCAN PLANNING ASSOCIATION APPLIED TECHNOLOGY & MANAGEMENT GIFFORD YOUTH ACTIVITY CENTER HARRlS COTHERMAN,JONES NEW HORIZONS OF THE TREASURE COAST FLORlDA DEPT OF ENVIRONMENTAL PROTECTION FLORlDA DEPT OF ENVIRONMENTAL PROTECTION FLORlDA DEPT OF ENVIRONMENTAL PROTECTION HOMELESS FAMILY CENTER INC AGENCY FOR HEALTH CARE ADMIN SUNSHINE LAND DESIGN INDIAN RIVER COUNTY HEAL THY START FLORlDA STATE GOLF ASSOCIATION MIKE HOTCHKISS VENETIAN APARTMENTS OF VERO BEACH INDIAN RlVER FARMS WATER CNTRL DIST SUNCOAST EQUIPMENT SERVICES TAMPA ARMATURE WORKS INC ADVANCED XEROGRAPHICS IMAGING BRlDGE DESIGN AS SOCIA TES INC FLORlDA SHORE & BEACH PRESERVATION DONADIO AND AS SOCIA TES ARCHITECTS PINNACLE GROVE LTD VERO CLUB PARTNERS LTD CHRlSTOPHER KAFER SOUTHERN PLUMBING INC DA VlD J SPARKS BRlDGESTONE AMERlCAS SHRlEVE CHEMICAL CO MIDWEST MOTOR SUPPLY CO ECONOLITE CONTROL PRODUCTS INC RECHTIEN INTERNATIONAL TRUCKS SHELTRA & SON CONSTRUCTION INC RUSSELL PAYNE INC JOHN COLONTRELLE AM PLAYER INC CINTAS CORPORATION NO 2 ARTHUR PRUETT AARONLEVY

AMOUNT 83,088.25

9,632.36 1,280.75 1,283.00

38.31 6,573.15

250.00 110.48 78.54

996.83 201.36 294.31 503.01

11,260.59 34.57

119,025.21 196.06 234.41 439.00 616.06

5,185.00 326.00

39,131.43 6,821.59

40,000.00 25,277.33

6,500.00 6,900.00 6,900.00 1,394.16

25,017.75 1,200.00 3,950.23

261.00 130.00 599.00 200.00 500.00

13,927.55 794.81

4,618.63 325.00

3,292.01 588.00

1,745.00 4.00

217.90 404.00

4,128.12 3,493.15

294.78 30,230.00

161.50 408.03 492.67 618.00 •

16.00 158.75 370.00

28.71

3 7

CHECKNBR CKDATE VENDOR AMOUNT 261035 12/28/2010 BRIDGESTONE GOLF INC 114.69 261036 12/28/2010 COASTAL TECHNOLOGY CORPORATION 34,100.22 261037 12/28/2010 SOUTHERN JANITOR SUPPLY INC 674.78 261038 12/28/2010 CENTRAL PUMP & SUPPLY INC 219.95 261039 12/28/2010 UNITED FOR FAMILIES 1,153.34 261040 12/28/2010 FLORIDA SHUTTERS,INC 994.34 261041 12/28/2010 WHISPERING PALMS MHC LLC 266.00 261042 12/28/2010 DONNELLY, STEVEN A & KELLY J 13.05 261043 12/28/2010 BISHOP, TIMOTHY L 39.99 261044 12/28/2010 GLOVER OIL COMP ANY INC 71,353.00 261045 12/28/2010 KYLES RUN 22.31 261046 12/28/2010 UNITED MEDICAL INDUSTRIES CORP 203.00 261047 12/28/2010 COLLEGE POINT LLC 322.00 261048 12/28/2010 SPS CONTRACTING 52,957.15 261049 12/28/2010 JOHNFBAER 26,096.00 261050 12/28/2010 HFB OF FLORIDA LLC 457.00 261051 12/28/2010 1ST FIRE & SECURITY INC 339.00 261052 12/28/2010 S0NRISE VILLAS LLC PHASE I 500.00 261053 12/28/2010 YELLOW BOOK USA 240.24 261054 12/28/2010 JANTMASON 2,666.00 261055 12/28/2010 EARLY LEARNING COALITION 517.08 261056 12/28/2010 ARTISTIC FIRST FLORIST 62.45 261057 12/28/2010 THOR GUARD INC 550.00 261058 12/28/2010 MARTHA CLEARY 600.00 261059 12/28/2010 APPRAISAL MASTERS INC 435.58 261060 12/28/2010 GARY MONROE 500.00 261061 12/28/2010 CEMEX 474.98 261062 12/28/2010 GEORGE A KAHLE 7,100.00 261063 12/28/2010 GLORIA CORSORO 600.00 261064 12/28/2010 STEVEN F BERNYK 1,509.00 261065 12/28/2010 KATHERINE L ROGERS 165.88 261066 12/28/2010 IGLESIAJTP 233.33 261067 12/28/2010 VIRGINIA PINES. 1,501.00 261068 12/28/2010 SANDPIPER APARTMENTS 752.00 261069 12/28/2010 DYER CHEVROLET 372.58 261070 12/28/2010 HLP,INC. 4,320.00 261071 12/28/2010 L&L DISTRIBUTORS 72.05 261072 12/28/2010 PAULA WHIDDON 504.00 261073 12/28/2010 COURTYARD VILLAS OF VERO LLC 408.00 261074 12/28/2010 HOYT C MURPHY INC REAL ESTA TE 490.00 261075 12/28/2010 FRIERSON, TAKISHA 60.55 261076 12/28/2010 GATOR INVESTMENTS 714.00 261077 12/28/2010 SHELBY HOMES AT MILLSTONE INC 100.00 261078 12/28/2010 WORKERS TEMPORARY STAFFING INC 5,708.80 261079 12/28/2010 FAS-AHM UTILITIES, LLC 82.90 261080 12/28/2010 DEANGELIS DIAMOND CONSTRUCTION INC 129,103.25 261081 12/28/2010 CINDIS CLEANING SERVICE INC 347.80 261082 12/28/2010 MICHAEL O'LEARY 460.00 261083 12/28/2010 THATCHER CHEMICAL OF FLORIDA 7,590.12 261084 12/28/2010 A THOMAS CONSTRUCTION INC 2,852.77 261085 12/28/2010 S & S AUTO PARTS 1,203.99 261086 12/28/2010 DAVID WALSH & ASSOC 1,180.00 261087 12/28/2010 BRADLEY WAGNER 750.00 261088 12/28/2010 LOGAN, MICHELE 55.25 261089 12/28/2010 FLORIDA PROPERTIES OF FORT PIERCE LLC 539.79 261090 12/28/2010 JAMES W DA VIS 479.00 261091 12/28/2010 CAL INVESTMENTS OF VERO BEACH LLP 685.00 261092 12/28/2010 K S TRADING CORP 778.56 261093 12/28/2010 msTINBAKER 450.00 261094 12/28/2010 CREATIVE CHOICE HOMES 498.00

4 8

CHECKNBR 261095 261096 261097 261098 261099 261100 261101 261102 261103 261104 261105 261106 261107 261108 261109 261110 261111 261112 261113 261114 261115 261116 261117 261118 261119 261120 261121 261122 261123

Grand Total:

CK DATE 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010 12/28/2010

VENDOR CHRIS MA TIIBRL Y BUSH ROSS APPLY FOR NOTARY LLC ARNOLD, IRWIN D LUKE, JUDITH CROMER, KELLY DEGNAN, MARY JO WOODIN, REBECCA WICAi, MICHAEL KATZ, ROBERT R WILKINSON, BRENDA P RESMONDO, TRACIE RAY,JEFFL BROWN II, E. ROLLINS RECKLINE, DEBORAH THOFT-BROWN, CHRIS & ERIKA HARDEN, KAREN MARTIN, TAMMY CROWLEY,VERONICA WATSON, BONNIE RODRIGUEZ, ANA G BICKSLER, GARRY & CATHY CA VALUZZO, MARY PERRY, BUDDY FLAGSTAR BANK SIMON & HALLOWAY TRUST ACCOUNT EDWARD J & CARMEN MOSHER JOAN BORRERO TIM PETZ

AMOUNT 6.14

184.22 69.00 14.39

104.97 24.23 41.58

6.68 21.04 23.98 27.18 23.43 42.05 76.91 31.84 69.18 26,81 19.25

8.42 27.94

108.70 58.21 75.96 26.30

500.00 60,278.00

399.47 27.15

9.34 1,456,820.20

5 9

CHECKNBR 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314

Grand Total:

CKDATE 12/17/2010 12/21/2010 12/21/2010 12/22/2010 12/22/2010 12/22/2010 12/22/2010 12/23/2010 12/23/2010 12/23/2010 12/23/2010 12/23/2010 12/23/2010 12/28/2010

WIRES SENT

VENDOR SCHOOL DISTRICT OF IR COUNTY BENEFITS WORKSHOP TREASURE COAST TITLE AGENCY INC RANGER CONSTRUCTION IND INC CITY OF SEBASTIAN STEW ART TITLE COMP ANY INC CITY OF FELLSMERE ICMA RET CORP NA CO/SOUTHEAST FLSDU ICMA RETIREMENT CORPORATION IRS-PAYROLL TAXES IRS-PAYROLL TAXES BEACHLAND CLEANING SERVICE

AMOUNT 19,316.00 6,995.83

20,000.00 122,854.30 143,720.09

15,000.00 17,791.16

1,800.00 23,679.83

9,414.14 19,061.35

373,033.97 39.40

45,404.53 818,110.60

10

CONSENT: 1/11/11

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K DeBraai Deputy County Attorney Melissa P. Anderson, Assistant County Attorney

· TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

Melissa P. Anderson -Assistant County Attorney fY)ff January 4, 2011

Windsor Properties Acceptance of Temporary Blanket Easement for Utilities Until Property is Platted Depicting a Perpetual Easement

Windsor Properties is in the process of developing, in phases, the former Golden Sands Park, part of Windsor Plat 20, and Ocean Bluff Subdivision. Before proceeding with final plat approval on its first phase, the developer wishes to obtain a certificate of completion, thus the utility easements which would normally be dedicated on the face of the plat, are now required to be dedicated in a metes and bounds legal description. At this juncture, creating a metes and bounds legal description for the utilities is a monumental surveying task and very costly.

· To overcome this costly issue, the developer is dedicating to the County a temporary blanket utility easement over its entire first phase, thereby making the issuance of a certificate of completion .possible. The developer will then proceed to final plat approval at which point when the Board approves the plat and it is recorded, the perpetual utility easement will be given to the County by depiction on the plat and the temporary blanket easement will then terminate.

Presented herewith for acceptance is the temporary blanket utility easement. The easement has express language that it will automatically terminate upon the recordation of the plat (which will dedicate a perpetual utility easement on its face) without the necessity of any further action of either the developer or the County. i~~" c. A~ v.d

• . ~~Ad:..:m~l:.;;__n-+""7T~:::-+'+"'+':''-:-I APPROVED FOR:._ - / - Legal

8.C.C - JING ~ SEN AGENDA 1 L5:..:u.::.a-g-e_t_µ..;ip::

~ D"l COUNTY ATTORNEY' 01o1, Mn,

1

RECOMMENDATION:

Approve and accept the attached temporary blanket utility easement and authorize the Chairman of the Board to execute same.

nhm attachment

2

12

~

•M!"tl.ti\U'm~t w, ... ,~l\Jffl4{J.iy .. :th~~t::~::~~~~~==c·-;-.·····_·•--_··_ ... _ ... _ ... _ .. _ .. -~·· ··c.:.:,::..:.::_: _,,. ___ .. ___ ·---···· -------- - ------ ·--- --

iti:ffl ~!'Ith :$fM V~l'-!l ,~~pji., l'fiit-'td4l'3i!>'BO

X

(1;1,G,?;l_•~.?.::~.tr.(~~.;~;e.: .. : .. _·····}·:·i·~···.r.iitr.a.\{t.'i.:.;::.;.~ .•.. :,c.;l;.,.-.·.-•,$1-.~;j __ !~T~N. ·.~.0

~;~.•.-·· aC:Nl1@W """;:;,;f~t, "''f- ,nz;:,@ t•r,c;S,'-[lfll:--):'1l:ei ·'"'I. e,a1w~ln; S!:h i ,Q Jen, ,er.ruse, ,r,,,.e:as:e., .. ctmMe,Y,, .. atid o-Ortnf/Yl: unf P th.e '0 '. ' , ti , i$jl ;~~~~11t-fQT ll!tilities !'l'®l, ·a.J,rPsS; i:ll'IJil l\ten~b the fq[lowin_;g {lei;~t.ff;t~ llllni,' -§.ifl;!-?ife ln ltiQ'.iam ~lver Qppnty, · f'J;0ri€la., tP--l/iitf;, . . . -

see0-~n-lb1t· •t7k1t;ajitact-i~il :tte:teto •.

TnJ~· ·E:a$~ment J$ Jnte.nme:o to• be 't~mp;o.~w 1;11afll sµJ;h lime F:1s •a pti;i1. is

;~x::::,:iQf!!~:r:4{n;(;~i~~~~1-~11;;_;r:~;~t~t16;i;:::~·t:~: to th~ rtial ptqperty de'sctioea on H1<nifitt "-P.t attaetie'd hereto, WhToh ptat describes an.a depicts- a perp:etuai easement tor ouiitil:>s •v~r, atr0$s. atJtl ben:eafh '.s..ild rea1 p.rQp.$rty ,or pGr:!Jons theteGt . Tttis e,asemem will aloltomi;1tically termin;;ite --wpon tfil;) recPr~afiqn of lhe _§f Pr®<=1ifJ pJatwlthqut the neoessily of BOY further gdioh of the pF:1rtie$, · - ·

- ·-- ..

And GRAN110R hereby covenants with s:aid GRANTEE that the GRANTOR is .lawfully sceized of saJd s.ervientJaril:I infee simpJe, and that the GRANTOR has good right ahd JaYl!ful authprity tQ convey the easement establi1>hed her$by and wili defeQd the $1:l!Tle against the lawful claims of all persons.wbotnsoevet.

13

. ... ·'., .. •.•··;·.-··.· ... :···-·::".:·."·:·.· . .,;..,

IN WJTNESS WHEREOF,the GRANT:OR has.hereunto set GRANTOR'S hand and seal the tlay and year first .above written, . .

Signed, sealed ancl del.ivered in the presence of:

signature~

p~inted na~s: Ii. signature: ~ al., , printed name: t.vh v.41v eg ttH§'1

ATTEST: Jeffrey K .Barton Clerk of Court

By: __ ---'-c--~--Deputy Clerk

STATE OF FLORIOA COUNTY OF lNDIAN RIVER

WfNDSQR PROPERTIES, a Flor:ld~ ge111:!ral p11;rth~,1'$ijip

By TORVVEST, I.. ·. ,, a.Florida corporatron General Partner

ll)IPIA~ ijl\l~RCQ\J.l\lTY,.·a J!91itfoal suijdiy:i$i<>n6.flh~•$flite of Flo:rit1a

By:--,----,-,-.-'-,-,-~------B~b$gl~ri, C/l~ifi)lan Boargof County Commissioners

BCC aµthorized: -.,.-,.-------

The foregoing instrument Wa$ acKn6Wledged before m1;1 this .,.,J.l. day of De,,eevhe.JL. , 201(), by Mark Justice.; Pres.ident of TORVVE:ST, INC,,. a Florida

corporation, the General Partner of WINDSOR PROPERTIES, a Florida general partner$hip, on behalf of the corporation and the partnership. He is either personally known to me or Who has produced _______ as. identrfication. ·

~• •~. MICHELE ANN CARROCCIO ..

£': . ••~ MY COMMISSION# DD952215 EXPIRES March 14, 2014

FlomlaNotarySe:J'.1(1!:;e.COIJI

- --"······-··-·--··------•--.---•-···

(SEAL):

2

14

LEGAL DESCRIPTION

A PORTION OF LAND LYING IN GOVERNMENT LOTS l AND 2, SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2, RUN ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 2, N89°45'10"E, 866,12 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD Al-A; THENCE RUN N24°24'49"W ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, 419.47-FEET TO THE POINT OF BEGINNING;

THENCE CONTINUING ALONG THE SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, RUN N24°24'49"W, 717.78 FEET TO THE SOUTHWEST CORNER OF THE OCEAN BLUFF SUBDIVISION, AS RECORDED IN PLAT BOOK 12, PAGE 54, OF THE PUBLIC RECORDS OF INDIAN R.IVER COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD A,1-A RUN N24°24'49"W, 328.95 FEET TO THE SOUTHWEST CORNER OF THE WINDSOR SUBDIVISION-PLAT 20, AS RECORDED IN PLAT BOOK 15 PAGE 72 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID OCEAN BLUFF SUBDIVISION; THENCE CONTINUING ALONG THE SAID EAST RIGHT OF WAY LINE OF STATE ROAD A'l-A RUN N24'24'49"W, 8.56 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY AWNG THE ARC OF SAID CURVE HAVING A RADIUS OF 5779.65 FEET, A DELTA ANGLE OF 00"17'02", A DISTANCE OF 28.63 FEET TO A POINT; THENCE N62'54'44"E, 74.00 FEET; THENCE N27'05"16"W, 35.00 FEET; SAID POINT Al.50 BEING THE SOUTHWEST CORNER OF LOT 4 OF THE SAID WINDSOR SUBDIVISION-PLAT 20; THENCE RUN N62°54'55"E, ALONG THE SOUTH LINE OF SAID LOT 4, 408.26 FEET TO A POINT ON THE MEAN HIGH WATER & EROSION CONTROL LINE, AS RECORDED IN PLAT BOOK 24 PAGES 99-107 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE CONTINUING ALONG THE SAID MEAN HIGH WATER & EROSION CONTROL LINE RUN S27°53'48"E, 115.67 FEET; THENCE S28°44'48"E, 212.17 FEET; THENCE S26°34'35"E, 177.82 FEET; THENCE LEAVING SAID MEAN HIGH WATER & EROSION CONTROL LINE RUN S62°54'44"W, 381.37 FEET; THENCE S27°05'16"E, 72.00 FEET; THENCE S62°54'44"W, 38.35 FEET; THENCE S24°24'50"E, 228.11 FEET; THENCE N62°54'44"E, 34.42 FEET; THENCE S27°05'16"E, 84.00 FEET; THENCE S62°54'44"W, 38.34 FEET; THENCE S24;24'50"E, 209.39 FEET; THENCE S77°56'20"W, 25.60 FEET; THENCE N24°24'50"W, 40.72 FEET; THENCE S65°35'10"W, 33.91 FEET; THENCE S24°24'49"E, 58.03 FEET; THENCE N89°45'09"E, 399.70 FEET; THENCE S26°06'48"E, 27.78 FEET; THENCE S89°45'09"W, 438.96 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 319,409 SQ. FT. (7.33 AC.) MORE OR LESS.

'~B/10,.1€.0 1kz.. 11. 1.D1 c

t)~ei?. 1-111--rz:.ie?S 1-b &s ':>d12.J1=.-1 '' PLAT of <;11e.J€'1 fol1.:

\rJ,~o~isR. '&EJ'ILl,\'=>IDc.- l'LA-T 'L 7 ',' 1-ls-&s Pi.cciE:z.T" # O'.::>-cY&e

l,.\\·nl A iZe..11":i1()N Vlr"tf. C>F 12./'6/to.

II A ii 15

<Jnis is to certify that

(Brian J. Letts

is here6y presented" this

~tirement }lwara

for outstandin9 performance ana

faitlifu[ service to

I naian (J?jver County c.Boara of County Commissioners

Por twenty-five years of service

On this 31st aay oj(J)ecem6er 2010

'W P.riR., Ofson (J)i:rector of Vtifity Seruices

!Bo6 Sofari. !Boartf of County Commissioner, Cfiairman

PROCLAMATION

HONORING BRIAN J. LETTS Ol'f HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

DEPARTMENT OF UTILITY SERVICES SOLID WASTE DISPOSAL DISTRICT

WHEREAS, Bri«n J. · Letts, having served the Solid Waste Disposal District of Indian River County for twenty1fve years, retired effective December 31, 2010; «nd

WHEREAS, Brian J. Letts began his emplqyment on November 20, 1985, giving twenty1fve years of devoted service; first as a Maintenance Worker, and then in 1989 was promoted to Equipment Operator II and continued in that capacity until his retirement.

WHEREAS, Brian. J. Letts has served this County and the general public with distinction and selflessness that has been greatly admired by his co~ workers and much appreciated by his employer.

NOW, THEREFORE, BE IT PROCLAIMED that the Indian River County Board of County Commissioners observes the retirement of Brian J. Letts and, on behalf of the County staff and our citizens, express sincere appreciatt"on for the dedicated service Brlan J. Letts has provided for the last twenty-fwe years; and the Board wishes to extend their heartfelt wishes for his success ,it future endeavors.

Adopted this 11th day of January 2011.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Bob Solari, Chairman

'Inis is to certify tnat

James Jfo66s

is nere6y presented tnis

~tirement JI ward

for outstanmng performance and

faitnfu{ service to

Indian <Rj,verCounty (J3oard of C<Jµnty Commissioners

Por twenty-t/i,ree y~ars of service

On tnis 31st day of (J)ecem6er 201 O

'W 'E.rift Ofson (J)irector of Vtifity Services

<.Bo6 Sofari. <.Boan[ of County Commissioner, Cliainnan

PROCLAMATION

HONORING JAMES HOBBS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS


WHEREAS, James Hobbs, having served the Solid Waste Disposal District of Indian River County for twenty-three years, retired effective December 31, 2010; and

WHEREAS, James Hobbs began his employment on Decembe_r 16, 1987, giving twenty-three years of devoted service as a SWDD Worker, until the end of his career; and

WHEREAS, James Hobbs has served this County and the general public with distinction and selflessness that has been greatly admired by his coworkers and much appreciated by his employer.

NOW, THEREFORE, BE IT PROCLAIMED that the Indian River County Board of County Commissioners observes the retirement of James Hobbs and, on behalf of the County staff and our citizens, express sincere appreciation for the dedicated service James Hobbs has given for the last twenty-three years; and the Board wishes to extend their heartfelt wishes for his success in future endeavors.




%is is to certify that

/

Pfoya (JJ. Queen

is here6y presentea this

~tirement Jlwara

for outstanding performance ana

faithju{ service to

I naian (_fjver County (J3oara of County Commissioners

·Por seventeen years of service

On this 30th aay of (J)ecem6er 201 O

,W. 'Eril(, Ofson (J)irector of VtiEity Services

/J3o6 Sofari. IJ3oara of County Commissioner, Cli.airman

PROCLAMATION

HONORING FLOYD D. QUEEN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS


WHEREAS, Floyd D. Queen, having served the Solid Waste Disposal District of Indian River Counzy for seventeen years, retired effective December JO, 2010,· and

WHEREAS, Floyd D. Queen began his employment on November 19, 1993, giving seventeen years of devoted service; first as a C&D Spotter, and then in October 2005 he transferred to the position of SWDD Worker at Roseland Customer Convenience Center and continued in that capacity until his retirement; and

WHEREAS, Floyd D. Queen has served this County and the general public with distinction and selflessness that has been greatly admired by . his co-workers and much appreciated by his employer.

NOW, THEREFORE, BE IT PROCLAIMED that the Indian River County Board of County Commissioners observes the retirement of Floyd D. Queen and, an behalf of the County staff and our citizens, express sincere appreciation for the dedicated service Floyd D. Queen has provlded for the last seventeen years; and the Board wishes to extend their heartfelt wishes for his success in future endeavors.




Indian River County Inter-Office Memorandum

Office of Management and Budget

TO: Members of the Board of County Commissioners

FROM: Jason E. Brown Director, Office of Managemen

DA TE: January 5, 2011

SUBJECT: AT&T Managed Internet Service (MIS) Agreements

DESCRIPTION

CONSENT AGENDA

Indian River County's existing Internet Service is a type that is no longer being offered by our current internet service provider. The County has received a proposal from AT&T for the AT&T Managed Internet Service (MIS) to replace the existing legacy BellSouth provided Dedicated Internet Access (DIA) service located at the County Administration Buildings and also an additional proposal which will cover the Emergency Operations Center. This separate agreement would allocate a dedicated internet connection to the Emergency Operations Center (EOC) which would improve their communication capabilities, which is particularly crucial in the case of future emergency events.

Attached are the AT&T Master Agreement and the AT&T Managed Internet Service Pricing Schedules for the County Administration Buildings and the Emergency Operations Center which need to be approved by the County in order to have AT&T begin the installation and upgrade process. For the County to proceed with the AT&T MIS service, the Master Agreement needs to be approved. For each location that will have an MIS connection installed, a site specific pricing schedule will need to be approved as well. The attached AT&T Managed Internet Service Pricing Schedules (2) cover the County Administration Buildings and also the Emergency Operations Center. As part of the transition, the County will be able to increase connection speed and also allocate a dedicated internet connection to the Emergency Operations Center (EOC) to improve communication capabilities.

The monthly charge to the County for the Managed Internet Service Pricing Schedule for County Administration Buildings will be $2,394.86 and the monthly charge for the Managed Internet Service Pricing Schedule for the EOC will be $1,843.76 (resulting in a total cost of $4,238.62 for both agreements). Currently the County pays $4,364 per month for internet service without a dedicated internet connection to the EOC. The proposed plan will increase overall bandwidth from 15 Mbps (megabit per second) to 30 Mbps and will provide a dedicated internet connection to the EOC, while providing a cost savings of about $125 per month ($1,500 annually).

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached AT&T Master Agreement and also the AT&T Managed Internet Service Pricing Schedules (2) to provide a dedicated internet connection to the County Administration Buildings and the Emergency Operations Center and authorize the Board Chairman to sign the necessary documents.

22

Board of County Commissioners Page 2 of 2 January 5, 2011

FUNDING

Funding for the $50,863.44 proposed annual cost is approved and budgeted in the Computer Services Department, Building Department and Utilities Department. This is a reduction of approximately $1,500 per year from the current agreement.

ATTACHMENTS

Letter from AT&T AT&T Master Agreement AT&T Managed Internet Service Pricing Schedule for County Administration Buildings AT&T Managed Internet Service Pricing Schedule for County Emergency Operations Center

APPROVED AGEND IT~ 1

BY. . SOJ.J\?) Josep A. Baird County Administrator

FOR: January 11. 2011

Risk Mana ement

23

AT&T Business Solutions 701 Northpoint Pkwy Suite 400 West Palm Beach, FL 33407

November 16, 2010

Reference: Proposal and Documents/or AT&T Managed Internet Service

Mr. Basil Dancy Computer Services Indian River County BCC 1800 27th Street Vero Beach, FL 32960

Dear Basil,

c;;:, uat&t

Nancy Vinez Strategic Account Manager Florida Government & Education [email protected]

(561) 640-6668 Fax (800) 505-4552

AT&T is pleased to propose the AT&T Managed Internet Service (MIS) to replace your existing legacy BellSouth provided Dedicated Internet Access (DIA) service located at the county Administration offices.

Currently County is served by a 15 Megabit DIA connection provided over Fractional DS-3 access. This service inclndes the associated premises equipment router and has a monthly recurring charge of $4,364 per month.

The proposed replacement service will provide a 20 Megabit AT&T MIS solution provided over Metro Ethernet access. The replacement service will also include the premises router and has a monthly recurring charge of $2,394.86 per month with zero installation charges assuming the service is provisioned using the MIS Tele -Installation option. This new service arrangement will provide a fully managed and monitored internet connection with 5Megabits of additional bandwidth for $1,969.14 less per month than the existing Internet connection. Most importantly, to minimize the complexity of this transition, AT&T will reuse the existing IP addresses associated with the legacy BellSouth DIA service.

Both the AT&T Master Agreement (MA) and the AT&T Managed Internet Service Pricing Schedule will need to be executed so that AT&T can begin the installation and upgrade process. The Pricing Schedule contains the full range of service options as part of the standard agreement. To clarify exactly what you will be purchasing, I offer the following summary of "plain English" rate elements that the County will be ordering and contracting for under the proposed 36-month term.

20 Mbps Port Speed/ Flexible Bandwidth Option ($3,970 per month less 65% discount): (Reference Table 22a on the Pricing Schedule)

20 Mbps Local Ethernet Access: (Reference Section IV on the Pricing Schedule)

Ethernet MIS Tele~ Installation: $1,500 less 100% discount: (Reference Table 11 on the Pricing Schedule)

Total Monthly Charges:

$1,389.50 per month

$1,005.36 per month

No Charge

$2,394.86 per month $0 Installation Charges

24

AT&T would also like to recommend that the County consider using the savings to be realized on the existing Internet connection and apply it to a redundant connection at the Emergency Operations Center. We are suggesting that a I OMegabit MIS Ethernet connection be considered for this site to provide backup in the event of a failure of the County's primary Internet connection due to power failure, site or building issues or Internet connection problems. This means that the County can add this redundant connection at the EOC and still save $125.38 per month. Below is the pricing for a I0Megabit Port+Access+CPE connection for the EOC location:

10 Mbps Port Speed/ Flexible Bandwidth Option ($2,720 per month less 65% discount): (Reference Table 22a on the Pricing Schedule)

l O Mbps Local Ethernet Access: (Reference Section IV on the Pricing Schedule)

Ethernet MIS Tele- Installation: $1,500 less 100% discount: (Reference Table 11 on the Pricing Schedule)

Total Monthly Charges:

Thank you and please let me koow if you have any questions.

Sincerely,

Nancy M. Vinez

$952.00 per month

$891.76 per month

No Charge

$1,843.76 per month $0 Installation Charges

25

AT&T MA Reference No.

~at&t

MASTER AGREEMENT

. customer · . . AT&T Indian River County BOCC AT&T Corp.

1 800 27th Street Vero Beach, FL 32960 USA

·:cUSfo'riiefJ~Pn.Ui'Ct-'(fC:frii,'otic~s-), .. . ·· .· .. . .. - AT&TCori!acHform>tices) .

Name: Basil Dancy 701 NORTHPOINT PKWY Title: WEST PALM BEACH, FL 1800 27th Street 33407 Vero Beach , FL With a copy to: 32960 AT&T Corp. United States One AT&T Way Telephone: 7722261256 Bedminster, NJ 07921-0752

Fax: ATTN: Master Agreement Support Team Email: bdancvln)jrcnov.com Email: mastrr:ttatt.com

This Master Agreement ("Master Agreement"), between the customer named above ("Customer'') and the AT&T entity named above ("AT&T'), is effective yvhen signed by both Customer and AT&T, and continues in effect as long as Services are provided under this Master Agreement.

This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are provided under Pricing Schedules attached to or referencing this Master Agreement ("Services"). Other Services may be provided by signing additional Pricing Schedules at any time. AT&T standard service offerings are described in ·Tariffs, Guidebooks, Service Guides and other documents identified in this Master Agreement.

Customer (bv its authorized reoresentative \

Bv:

Name:

Title:

Date:

ua_ver_i.rtf

AT&T (bv its authorized reoresentative)

Bv:

Name:

Title:

Date:

AT&T and Customer Confidential Information Page 1 of 9

UA VER I 07114108

eCRMID _____ _

26

1. INTRODUCTION

1.1 OvervieW o'f Documents. The terms and conditions governing the Services that ,AT&T provides to Customer are set forth in this Master Agreement, the. following additional documents, and any other documents executed by the parties and referencing this Master Agreement (which documents together with this Master Agreement are,called "this Agreement"):

(a) Pricing Schedules. A Pricing Schedule (including related attachments) identifies the Services AT&T may provide to Customer, the price (including discounts, if applicable) for each Service, and the term during which such prices are in effect ("Pricing Schedule Term").

(b) Tariffs and Guidebooks. "Tariffs" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that AT&T files with regulatory commissions. "Guidebooks" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with regulatory commissions. Tariffs and Guidebooks may be found at att.com/servicepublications or other locations AT&T may designate.

( c) Acceptable Use Policy. AT& Ts Acceptable Use Policy ("AUP") applies to Services provided over or accessing the Internet. The AUP may be found at att.com/aup. or other locations AT&T may designate.

(d) Service Guides. The description, pricing, and other terms and conditions for the Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which may be found at att.com/servicepublications or other locations AT&T may designate. - - - - - --- -- -

1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms.

1.3 Revisions to Documents. Subject to Section 8.2(c) (Materially Adverse Change), AT&T may revise Tariffs, Guidebooks, Service Guides or the AUP (collectively "Service Publications") at any time.

1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective Affiliates comply with this Agreement, regardless of whether an Affiliate has signed a Pricing Schedule.

1.5 Capitalized Terms. Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions).

2. AT&T DELIVERABLES

2.1 Services. AT&T agrees to either provide or arrange to have an AT&T Affiliate provide Services to Customer in accordance with. this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider.

2.2 AT&T Equipment. Services may include use of certain equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its agents.

2.3 Software. Any software used with the Services will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions and they take precedence over this Agreement as to such software.

3. CUSTOMER'S COOPERATION

3.1 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Cust6mer's expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services.

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Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space Within a building, as necessary for Customer's connection to AT& T's network. Customer IT\ust provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule.

3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of Hazardous Materials. "Hazardous Materials" means any substance or material·capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or sort, or health and safety. AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials.

3.3 Users. "User'' means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this-Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless expressly provided to the contrary in applicable Service Publications.

3.4 Internet Services. If a Service is provided over or accesses the lnteq1et, Customer, Customer's Affiliates, and Users must comply with the AUP.

3.5 Resale of Services. Customer may not resell the Services to third parties without AT& T's written consent. Where permitted under applicable law, Customer may resell the Services to Customer's Affiliates without AT& T's consent.

4. PRICING AND BILLING

4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless _a Pricing Schedule states otherwise, the prices listed.in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otheiwise. At the end of a Pricing Schedule Term, Customer will have .the option to either: (a) cease using the Service ·(which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-tomonth service arrangement. Unless a Pricing Schedule states otheiwise, during any month-to-month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days' prior notice to Customer.

4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of, and Customer will pay, al! current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, custom clearances, duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or ·similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit.

4.3 Billing. Unless a Pricing Schedule specifies otheiwise, Customer's obligation to pay for all Services will begin upon installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes), setoff (except as provided in Section 4.5 - Delayed Billing; Disputed Charges), or delay for any reason. At Customer's request, but subject to AT&T's consent (which may be withheld if there will be operational impediments or tax consequences), Customer's Affiliates may be Invoiced separately and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or Customer's Affiliates are not creditworthy.

4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT&T may charge late

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payment fees (a) for Services contained in a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at the lower of 1---.5% per month (18% per annum) or the maximum rate allowed by law for" overdue payments.

4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for SeJVices invoiced more than 6 months after close of the billing month in which the charges were incurred, except for automated or live operator assisted calls of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the reason it is disputed within 6 months after the date of the affected iiivoice or Customer waives the right to dispute the charge (except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld, but.if not paid when due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, tb the extent AT&T determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be reversed.

4.6 MARC. Minimum Annual Revenue Commitment ("MARC") mea·ns an annual revenue commitment of MARC-Eligible Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the Pricing Schedule Term. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the preceding 12 month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC-Eligible Charges incurred during the 12 month period, and payment will be due in accordance with Section 4.4 (Payments). ·

4.7 Adjustments to MARC.

(a) ln the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or reduction of AT& T's prices, or force majeure events, any of which significantly impairs Customer's abiftty to meet Customer's MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices or discount available at the reduced MARC level). If the parties reach mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. ThiS Section 4.7 will not apply to a change resulting from Customer's decision to use seJVice providers other than AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule.

(b) If Customer, through merger, consolidation, acquisition· or otherwise, acquires a new business or operation, Customer and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Custom~r's MARC or other volume or growth discounts, and Customer's attainment thereof.

5. CONFIDENTIAL INFORMATION

5.1 Confidential Information. Confidential Information means: (a) information the parties share with each other in connection with this Agreement or in anticipation of providing SeJVices under this Agreement, but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement and any pricing or other proposals.

5.2 Obligations. Each party's cOnfidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, which is indefinite): (a) be held in confidence; (bfbe used and transmitted between countries only for purposes of using the SeJVices or performing this Agreement (including in the case of AT&T, the ability to utilize Customer's· Confidential Information in order to detect fraud, check ·quality, and to operate, maintain and repair the Services); and (c) not be disclosed, except to the receiving party's employees, agents and contractors having a need-to-know (but only if such agents and contractors are not direct competitors of the other party and agree ·in writing to use and disclosure restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process).

5.3 ExceptioriS. The restrictions in this Section will not apply to any information that: (a) is independently developed by the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c} becomes generally available to the public other than by breach of this Agreement.

5.4 Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. If Customer .does not want AT&T personnel to comprehend Customer data to which they may have access in pertorming Services, Customer should encrypt such data s_o that it will be unintelligible. Until directed oth.erwise by Customer in writing, if AT&T

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designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network infonnation (CPNI) to any employee or agent of Customer without a need for further authentication or authorization.

6. plSCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION.

6.2 Limitation of Liability.

(a) AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN.THE SERVICES, AND NOT CAUSED BY CUSTOME_R'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T.

(b) SECTION 6.2(a) WILL NOT APPLY TO:

(i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; .

(ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2 (Trademarks);

(iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR

(iv) DAMAGES ARISING FROM AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

(c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS.

6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS.

6.4 Application and Survival. The disclaimer of warranties and limitations of liability ·set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement.

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7. THIRD PARTY CLAIMS

7 .1 AT& T's Obligations. AT&T agrees at its expense to defend or settle any third-party claim against Customer, its Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; {b} mo9ifications to the Service by Customer, its Affiliates or third parties, or combinations of the Service with any services or produCts not provided by AT&T; (c) AT&T's adherence to Customer's or its Affiliate,.s written requirements; or (d} use of the Service in violation of this Aweement.

7 .2 Customer's Obligations. Customer agrees at its expense to defend or settle any third-party claim against AT&T, AT& Ts Affiliates, and its and their respective employees, · directors, subcontractors, and suppliers, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of Customer's, its Affiliate's, or a User's access to, or use of, the Services and the claim is not the responsibility of AT&T under Section 7 .1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided in connection with the Services.

7 .3 Infringing Services. Whenever AT&T is liable under Section 7 .1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes noninfringing.

7.4 Notice i!nd CQQR~ration. The party seeking defense or settlement of a third party claim under this Section 7 will notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement will allow-the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense; but the defending party will use counsel reasonably experienced in the subject matter at issue, and will not settle a claim without the consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7.

8. SUSPENSION AND TERMINATION

8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding, or makes an assignment for the benefit of its creditors.

8.2 Termination or Suspension of Services. The following additional termination provisions apply:

(a) Fraud or Abuse. AT&T may terminate or suspend an affected Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer:- (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuse·s· AT&T's network or Service; or (v) interferes with another customer's use of AT& T's network or services.

(b) Material Breach. lf either party fails to perform or observe any material term or condition of this Agreement, including non-payment of charges (subject to Section 4.5 - Delayed Billing; Disputed Charges), and such failure continues unremedied for 30 days after receipt of notice, the non-breaching party may terminate the affected Service, and if the breach implicates the entire Agreement, terminate the entire Agreement. If Customer is in breach, AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire Agreement, suspend (and later terminate} the entire Agreement.

(c) Materially Adverse Change. If AT&T revises a Service Publication and the revision has a materially adverse impact on Customer, and AT&T d6es not effect revisions that remedy such materially adverse impact within 30 days after notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to Customer if it changes prices that are not fixed (stabil-ized) in a Pricing S6hedule, if the price change was mandated by a governmental authority, or if the change affects a charge imposed .under Section 4.2 (Additional Charges and Taxes).

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( d) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the applicable portion of the Service. AT&T has the right; however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT& T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably ·determines: {a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT& T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet; or. (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees.

(e) Infringing Services. If neither of the options described in Section 7.3 (Infringing Services) are reasonably available, AT&T may terminate th.e affected Service without liability other than as stated in Section 7.1 (AT& T's Obligations).

(f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T is to install, maintain or provide Services, AT&T may terminate the affected Service or Service_ Component, or s_uspend performance uiltil Customer removes and remediqtes Hazardous Materials at Customer's expense in accordance with applicable law.

8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally discontinues providing the Service or Service Component to similarly-situated customers.

8.4 Effect of Termination.

(a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding any other Service. ·

(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination.

8.5 Termination Charges.

(a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to section 8.3 (Withdrawal of Services), Customer will not be liable for the termination charges set forth in Section 8.5(b).

(b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), Customer will pay applicable termination charges as follows: (i) if termination occurs before the end of the Minimum Payment Period, Customer will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges incurred by AT&T from a third party (e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable, be applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to '50% of the unsatisfied MARC, after applying amounts received pursuant to (i), for the balance of the Pricing Schedule Term.

(c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if (i) the Minimum Payment Period and associated charge for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service Publication.

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9. IMPORT/EXPORT CONTROL

The parties acknowledge that equipment, services, software, and technical information (including technical assistance and training) provided under thiS Agreement may be subject to import and export laws, conventions or regulations, and any use or transfer of the equipment, products, software, and technical information must be in compliance with all such laws, conventions and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical infom1ation (even if incorporated into other products) except in compliance with such laws, conventions and regulations. Customer, not AT&T, is responsibl~ for complying with such laws, conventions and regulations for all information, equipment and software Customer transmits between countries using the Services.

10. MISCELLANEOUS PROVISIONS

10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party. ·

10.2 Trademarks. Each party agrees not to display Or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks, or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time b}' notice.

10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party's reasonable control.

10.4 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement.

1 0.5 Assignment and Subcontracting.

(a) This Agreement may not be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). Customer may, without AT& rs consent, but upon notice to AT&T, assign in whole or relevant part,·its rights and obligations under this Agreement to an Affiliate, but Customer will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an Affiliate or a- third party work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations.

(b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider.

( c) Any assignment other than as permitted by this .Section 10.5 is void.

10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.10 (Governing. Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties.

10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement.

10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within 2 years after the cause of action accrues or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary.

10.9 Notices. All notices required under this Agreement will be delivered in writing to the recipient's contact designated on the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be by internationally recognized overnight courier, pertified or registered mail, email,-or facsimile and will be effective upon" receipt or when delivery is- refused, whichever occurs sooner.

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10.10 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply.

10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or other governmental bodies of competent jurisdiction.

10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.

10.13 Survival. The respective obligations of Customer and AT&T that by their .nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential Information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims), will survive termination or expiration. ·

.10.14 Agreement Language. The authentic language of this Agreement is English .. If there is a conflict between this Agreement and any translation, the English version will take precedence.

10.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the SeNices provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supers·edes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, adve-rUsements, service descriptions or purchase order forms not expressly set forth in this Agreement.

11. DEFINITIONS

The following terms have the meanings set forth below:

"Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party.

"Damages" means collectively all injury, damage, liability, loss, penalty, interest and expense incurred.

"Effective Date" means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law.

"MARC-Eligible Charges" means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage charges, after deducting applicable discounts and credits (other than outage or" SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 · and deaf relay charges).

"Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay recurring charges for the Service, as specified in the Pricing Schedules or SeNice Publication for that Service.

"Minimum Retention Periodu means, in respect to any Service, the period of time for which Customer is required to maintain service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing Schedule or Service P.ublication for that Service.

"Service Component" means an individual component of a Service provided under this Agreement.

"Site" means Customer's physical location, including Customer's collocation space on AT& T's, its Affiliate's, or subcontractor's property, where AT&T installs or provides a Service.

ua_ver_i.rtf


UA VER I 07/14/08

eCRMID _____ _

34

~at&t

AT&T Managed Internet Service Pricing Schedule

'Ci!'Storriet.> : '. .:",. ,-. -. ·.··•. . .. ·. .•··

. .... ' . Indian River County BOCC

1800 27th Street Vero Beach, FL 32960 USA

··.•. ·.····•·

A'F&T.::,.. - .· . ' ,: ) ',, ·.. .

AT&T Corp.

Custon:ie"t .Contacr(fi>"r11otices) · < AT&T Cont.act (for notices) ;_' ,· ·: ··.···. -·- - '• ---, -_- ' ',- ',' ,-

_, -.- -.,, __ -, ' '·- ' :·: ,· '

Name: Basil Dancy 701 NORTHPOINT PKWY Title: WEST PALM BEACH, FL 1800 27th Street 33407 Vero Beach , FL 32960 With a copy to:

AT&T Corp. One AT&T Way

·•·

United States Telephone: 7722261256 Fax: Email: [email protected] Customer Account Number or Master

Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: [email protected]

Account Number:

.

AT&T MA Reference No. _____ _

CSM 100928120550

AT&T .s.aJes Contact D Prhnary.Co11tact NANCY J HESS 701 NORTHPOINT PKWY WEST PALM BEACH, FL 33407 Telephone: 5616406642 Fax:8005054552 Email: [email protected] Branch Manager: Frances Rhinesmith Sales Strata: ABS Sales Sales Reaion: Southern

-· }\T&J ~O_ILl __ t_i0,ti:_Provid¢t or - J~iP:fe:sentaiiv.eJntor:Olation

(.if applicable) Name: Company Name:

Telephone: Fax: Email: Agent Code:

This Pricing Schedule 1s part of the Agreement between AT&T and Customer referenced above.

The promotional pricing in this Pricing Schedule applies only to the MIS Service(s) ordered at the following Site and shall not apply to any subsequent orders for additional MIS Service(s) to any other Customer locations. Additional orders for Servlce(s) to additional Customer locations will require AT&T and Customer to sign a new Pricing Schedule for MIS Service.

Customer (bv its authorized reoresentative)

Bv:

Name:

Title:

Date:

eCRM ID 1-EJC3EU

Site Address 1800 27'" Street Vero Beach, FL 32960

AT&T (bv its authorized reoresentative)

Bv:

Name:

Tille:

Date:


1009 sk6390 IGLOO pricing 09282010 swk ps _mis_ all_no _security_ svcs _20060528 _gcsm.rtl

v.05/14/09

35

~·at&t

1. SERVICES

• AT&T Managed Internet Service •AT&T Private Network Transport (PNT) Service is an option of MIS and can be ordered as an MPLS PNT feature under Tables 28 and 29.

• AT&T's Acceptable Use Policy is located at http://www.att.com/aup or such other AT&T-designated location.

2. PRICING SCHEDULE TERM AND EFFECTIVE DATES

Pricing Schedule Term 36 Months

Effective Date of Rates and Discounts

Term Start Date

Effective Date of this Pricin• Schedule

Effective Date of this Pricing Schedule

3. MINIMUM PAYMENT PERIOD

Portion of Monthly Service Minimum Service Fees Components Payment Period Applicable to Minimum Payment Period

50% All Service Until end of . Components Pricing Schedule

Term, but not less than 12 months per comoonent


CSM 100928120550


eCRM ID 1-EJC3EU 1009 sk6390 IGLOO pricing 09282010 swk

ps _mis_ all_ no_ security _svcs _ 20060528 _gcsm. rtf v.05/14/09

36

AT&T Managed Internet Service - Pricing Schedule

4. RATES (US Mainland, HI and Alaska1 only)

1 Service in Alaska requires a separate AT&T Addendum for Service in Alaska. The rates stated in this Pricing Schedule apply to Service locations and/or Service Components in Alaska only in the event that a Service Component and/or Service location is not listed in the Addendum for Service in Alaska. In the event of the conflict between this Pricing Schedule and the Addendum for Service in Alaska, the Addendum for Service in Alaska controls.

NOTE 1: MIS w/ Managed Router Option 2 available only as described in the Service Guide.

NOTE 2: If Customer orders the MPLS PNT feature under Section I, Tables 28 and 29 as part of the MIS service, Customer will be billed for PNT transport and uplifts and all applicable taxes will be stated on the Customer's invoice.

NOTE 3: The charges for the Class of Service (CoS) feature set forth in Section I, Table 23 through 25 are waived for Sites at which Customer also maintains AT&T Business Voice over IP (VoIP) Service.

(') = not available with MPLS PNT ICB = available only on an Individual Case Basis. N/A = Not Available


CSM100928120550

Section I: AT&T Managed Internet Service Access Bandwidth -

Table 1· Tiered T-1 NxT-1 E-1 And Frame - Flat Rate Billing Option '

Access Speed MIS MISw/ MISw/ Discount Method Monthly Manage Manage

Service d Router d Router Fee List Monthly Option 2

Price Service Monthly Fee Service List Fee

Price List Price

N/A 56/64 $190 $260 N/A N/A Kbps

T-1 128 $225 $295 $285 N/A Kbps

T-1 256 $280 $350 $340 N/A Kbps

T-1 384 $335 $405 $395 N/A Kbos

T-1 512 $390 $460 $450 N/A Kbps

T-1 768 $410 $480 $470 N/A Kbps

T-1 - 1024 $425 $495 $485 N/A Frame* Kbps

T-1 T-1 $470 $540 $530 N/A

E-1* E-1 $470 $540 N/A N/A

2xT-1 3 Mbps $850 $1,145 N/A NIA

3xT-1 4.5 $1.100 $1.395 NIA NIA Mbns

4xT-1 6Mbps $1.250 $1.545 NIA NIA

SxT-1 7.5 $1,480 $2,360 NIA NIA Mbps

6xT-1 9 Mbps $1,715 $2,595 NIA NIA

7xT-1 10.5 $1,915 $2.795 NIA NIA Mbps

8xT-1 12 $2.190 $3.070 NIA NIA Mbps

v.2.3.06



ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.05/14/09

37


Table 2: Burstable T•1

Discount· · N/A .. Sustained Undiscounted

Usage MIS Monthly Service Fee

up to 128kbps $270 128.01 · 256 $340

Kbos 256.01 -384 $405

Kbps 384.01 -512 $470

Kbps 512.01 Kbps - $565 1.544 Mbps

v.2.3.06

Table 3: DNS Services

Undiscounted Undiscounted MIS w/Managed MIS w/Managed Router Monthly Router Option 2

Service Fee Monthly Service Fee

$340 $330 $410 $400

$475 $465

$540 $530

$635 $625

Option Monthly Service Fee Additional Primary DNS (available in $100 per DNS increment increments of up to 15 zones with a maximum of 150 Kilobvtes of zone file data) Additional Secondary DNS (available in $100 per DNS increment increments of up to 15 zones with a maximum of 150 Kilobvtes Of zone file data)

v.07.01.04

Table 4: ATM And Tiered T ..J

Discount· N/A Access Speed MIS Monthly Method Service Fee

List Price

ATM* 2Mbps $590

ATM* 3Mbps $850

ATM* 4Mbps $1,075

ATM* 5 Mbps $1,125

ATM* 6 Mbps $1,250

ATM* 7 Mbps $1,415

ATM* 8Mbps $1,565

ATM* 9Mbps $1,715

ATM*/T-3 10 Mbps $1,840

ATM•/T-3 15 Mbps $2,465 ATM•/T-3 20 Mbps $3,090

ATM•/T-3 25 Mbps $3,725

ATM*/T-3 30 Mbps $4,350

ATM*/T-3 35 Mbps $4,990

ATM•/T-3 40 Mbps $5,615

T-3 45 Mbps $6,250

v.2.3.06

MIS MIS w/Managed w/Managed Router Option

Router 2 Monthly Monthly Service Fee

Service Fee List Price List Price

$885 $840

$1,145 $1,100

$1,370 $1,325

$1,420 $1,375

$1,545 $1,500

$2,295 $2,000

$2,445 $2,150

$2,595 $2,300

$2,720 $2,425

$3,345 $3,050

$3,970 $3,675

$4,605 $4,310

$5,230 $4,935

$5,870 $5,575

$6,495 $6,200

$7,130 $6,835


CSM100928120550

Table 5: Burstable T-3

Discount· N/A Sustained Usage Undiscounted Undiscounted Undiscounted

MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2


up to 6.0 Mbps $1,515 $1,810 .$1 765 6.01 - 7.5 Mbps $1,790 $2,670 $2,375 7.51 -9.0 Mbps $2,065 $2,945 $2,650

9.01 -10.5 Mbps $2,290 $3,170 $2,875 10.51 -12.0 Mbps $2,515 $3,395 $3,100 12.01 -13.5 Mbos $2,740 $3,620 $3,325 13.51 -15.0 Mbps $2,965 $3,845 $3,550 15.01 -16.5 Mbps $3,150 $4,030 $3,735 16.51 -18.0 Mbps $3,340 $4,220 $3,925 18.01 - 19.5 Mbps $3,525 $4,405 $4,110 19.51 - 21.0 Mbps $3,715 $4,595 $4,300 21.01 -45.0 Mbps $7,515 $8,395 $8,100

v.2.3.06

Table 6: Flexible Bandwidth Billing Option - Burstable T-3

Discount applied to MIS, MIS Incremental Usage Fee w/Managed Router, & MIS w/Managed Discount: N/A Router Option 2: N/A

Tiered MIS MISw/ MISw/ Undisco Bandwidth Undiscou Managed Managed unted Minimum nted Router Router lncreme

Commitment Monthly Undiscou Option 2 ntal Fee nted Undiscount Usage

Monthly ed Monthly Fee Fee Fee Per

. Mbps 2Mbps $590 $885 $840 $355 3 Mbos $850 $1,145 $1,100 $340 4Mbos $1,075 $1,370 $1,325 $325 5Mbos $1,125 $1,420 $1,375 $270 6Mbos $1,250 $1,545 $1,500 $250 7 Mbps $1,415 $2,295 $2,000 $245 8 Mbos $1,565 $2,445 $2,150 $235 9Mbps $1,715 $2,595 $2,300 $230 10 Mbps $1,840 $2,720 $2,425 $225 15 Mbps $2,465 $3,345 $3,050 $200 20 Mbps $3,090 $3,970 $3,675 $190 25 Mbos $3,725 $4,605 $4,310 $180 .

30 Mbps $4,350 $5,230 $4,935 $175 35 Mbps $4,990 $5,870 $5,575 $175 40 Mbos $5,615 $6,495 $6,200 $170 45 Mbos $6,250 $7,130 $6,835 NIA

v.2.3.06




38


Table 7: MIS Access Redundancy Option (MARO}• Burstable T-1 with Shadow· Billing Option

Discount· N/A Sustained Usage MIS w/Managed Router MIS w/Managed Router

Undiscounted Monthly Option 2 Undiscounted Service Fee Monthlv Service Fee

Up to 56 Kbps $170 $160 For MARO

Redundant Link Service Only

(Shadow Billing) up to 128kbps $340 $330

128.01 - 256 Kbns $410 $400 256.01 - 384 Kbps $475 $465 384.01 - 512 Kbps $540 $530

512.01 Kbps • $635 $625 1.544 Mbps

v.2.20.06

Table 8: MARO Burstable T-3 with Shadow Billing Option

Discount· N/A

Sustained Usage MIS w/Managed MIS w/Managed Router Router Monthly Option 2 Monthly Service

Service Fee Fee Up to 56 Kbps $800 $790

For MARO Redundant Link

Service Only (Shadow Billinn\ up to 6.0 Mbps $1,810 $1,765 6.01 - 7.5 Mbps $2,670 $2,375 7.51 - 9.0 Mbps $2,945 $2,650

9.01 - 10.5 Mbps $3,170 $2,875 10.51 - 12.0 Mbps $3,395 $3,100 12.01 - 13.5 Mbos $3,620 $3,325 13.51 - 15.0 Mbns $3,845 $3,550 15.01 • 16.5 Mbos $4,030 $3,735 16.51 • 18.0 Mbns $4,220 $3,925 18.01 - 19.5 Mbps $4,405 $4,110 19.51 - 21.0 Mbps $4,595 $4,300 21.01 - 45.0 Mbos $8,395 $8,100 v.10.31.05


CSM 100928120550

Table 9: MARO Features • Monthly Service Fees

Option Monthly Service Fee Service List Price Component

Discount Alternate Backbone T-1: $500 N/A Node Option -additional charges via NxT1: Private Line, per $500 oerT-1 Service Component T3: $5,000

OC-3 $12,000

CPE Redundant T-1: $120 N/A Configuration Option NxT-1: $350 • Per Service T3: $540 Component OC-3: $2,435 .

Backbone Node $500 per T-1 Redundant N/A Redundancy Option - Link additional charges via $5,000 per T-3 Private Line, per Redundant Link Redundant Link $12,000 per OC-3

Redundant Link Outbound Load T1 & NXT1 :$350 N/A Balancers (2) (Dual Managed T3 & OC3: $875 Customer Routers)

v.2.3.06

Table 10: MIS and MARO Features - Installation Fees (ICB Only)

D' Iscoun: • t O O Ofc

Option Undiscounted Installation Fee List Price

MIS, MIS w/Managed Router, & MIS w/ Manaaed Router Option 2

MARO - Outbound $1000 Load Balancers (2) (Dual Managed Customer Routers)

v.2.6.06



ps _mis_ all_ no_ security_ svcs _ 20060528 _gcsm.rtf v.05/14/09

39


Table 11: MIS Tele-Installation

Discount· 100 0 % MIS Speed Undiscounted Undiscounted Undiscounted

MIS MISw/ MISw/ Managed Managed

Router Router Ootion 2 56 Kbps $1,000 $1,000 $1,000 128 Kbps· $1,000 $1,000 $1,000 1.5 Mbps NxT-1 $2,500 $2,500 $2,500 Tiered/Full $5,000 N/A N/A T-3 Tiered OC- $10,000 N/A N/A 3, OC-12, OC-48 Ethernet $1,500 $1,500· N/A 10Gig $10,000 $10,000 .. $10,000** Ethernet

*Available for MIS speeds of 100 Mbps and below and with electrical interfaces only. tt Subject to availability v.10.01.08

Table 12: On-Site Installation

Discount· 0 0 % MIS Speed Undiscounted MIS

w/ Managed Router Onlv

56 Kbps $999 128 Kbps - 1.5 Mbos $999

NxT-1 $999 Tiered/Full T-3

$1,000 Tiered OC-3, OC-12, OC-48 $10,000 Ethernet $1,500

v,11.08.08

Undiscounted MIS w/ Managed

Router Option 2 Only $999

$999

$999

$1,000 $10,000

N/A


CSM100928120550

Table 13; ATM and Tiered OC-3 (ICB Only)*

Discount· NIA Speed Undiscounted Undiscounted Undiscounted MIS

MIS Monthly MIS w/Managed w/Managed Router Service Fee Router Option 2

Monthly Service Monthly Service Fee Fee

2Mbps $590 $885

3Mbps $850 $1,145

4Mbps $1,075 $1,370

5 Mbps $1,125 $1,420

6 Mbps $1,250 $1,545

?Mbps $1,415 $2,295

8 Mbps $1,565 $2,445

9Mbps $1,715 $2,595

10 Mbps $1,840 $2,720

15 Mbps $2,465 $3,345

20 Mbps $3,090 $3,970

25 Mbps $3,725 $4,605

30 Mbps $4,350 $5,230

35 Mbps $4,990 $5,870

40 Mbps $5,615 $6,495

60 Mbps $7,825 $9,005 155 Mbps

(not available

with ATM) $17,800 $18,980 v.2.3.06

Table 14: Burstable OC~3 (ICB Only)

Discount· N/A Sustained Usage Undiscoun Undiscounted

ted MIS MIS w/Managed Monthly Router Monthly Service Service Fee

Fee Up to 35.0 Mbps $5,990 $6,870 35.01 to 45.0 Mbns $7,515 $8,395 45.01 to 55.0 Mbps $8,765 $9,945 55.01 to 65.0 Mbps $10,025 $11,205 65.01 to 75.0 Mbos $11,290 $12,470 75.01 to 85.0 Mbns $12,550 $13,730 85.01 to 100.0 Mbps $14,440 $15,620 100.01 to 125.0 Mbps $17,590 $18,770 125.01 to 155.0 Mbps $21,365 $22,545 v.2.3.06

$840

$1,100

$1,325

$1,375 $1,500

$2,000

$2,150 $2,300

$2,425

$3,050

$3,675 $4,310

$4,935

$5,575 $6,200

$8,450

$18,425

Undiscounted MIS w/Managed Router Option 2 Monthly

Service Fee

$6,575 $8,100 $9,390 $10,650 $11,915 $13,175

$15,065

$18,215

$21,990




40


Table 15: Flexible Bandwidth Billing Option • Burstable OC-3 (ICB Only)

Discount applied to MIS, MIS w/Managed Router, & Incremental MIS w/ Managed Router Option 2: NIA

Tiered Undiscou Undiscoun Bandwidth nted MIS led MIS Minimum Monthly with Commitme Fee Managed nt Router

Monthly Fee

35Mbos $4,990 $5,870 40 Mbps $5,615 $6,495 45 Mbps $6,250 $7,130 60 Mbos $7,825 $9,005 70 Mbps $8,875 $10,055 80 Mbos $9,925 $11105 90 Mbps $10,975 $12,155 100 Mbps $12,025 $13,205 120 MbDS $14,125 $15,305 144 Mbps $16,225 $17,405 155 MbDS $17,800 $18,980 v.2.3.06

Table 16: Tiered OC~12 (ICB Only)

Discount· N/A

Usage Fee Discount: N/A

Undiscou Undiscounte nted MIS dlncremental with Usage Fee Managed Per Mbps Router Option 2 Monthly Fee

$5,575 $175 $6,200 $170 $6,835 $170 $8,450 $160 $9,500 $155

$10,550 $150 $11,600 $150 $12,650 $145 $14,750 $145 $16,850 $140 $18,425 N/A

Speed Undiscounted Undiscounted MIS w/Managed MIS Monthly Router Service Fee Monthlv Service Fee

622 Mbps $50,700 $52,505 v.2.3.06

Table 17: Burstable OC-12 (ICB Only)

Discount· N/A Speed Undiscounted

MIS Monthly Service Fee

Up to 75.0 Mbps $11,290

75.01 to 150.0 Mbps $18,750

150.01 to 225.0 Mbps $26,215

225.01 to 300.0 Mbps $33,665

300.01 to 375.0 Mbos $40,040

375.01 to 450.0 Mbos $46,415

450.01 to 525.0 Mbps $52,715 525.01 to 622.0 Mbps $60,850 v.2.3.06

Undiscounted MIS w/Managed Router

Monthlv Service Fee

$12,470

$19,930

$27,395

$35,470

$41,845

$48,220

$54,520 $62,655


CSM100928120550

Table 18: Flexible Bandwidth Billing Option• Burstable OC-12 (ICB Only)

Discount applied to MIS & MIS w/Managed Router: NIA

Tiered Un discount Undiscounted Bandwidth edMIS MIS with Minimum Monthly Managed Commitment Fee Router

Monthlv Fee 70 Mbps $8,875 $10,055 80 Mbps $9,925 $11,105 90 Mbps $10,975 $12,155 100 Mbps $12,025 $13,205 120 Mbps $14,125 $15,305 144 MbDS $16,225 $17,405 155 Mbos $17,800 $18,980 200 Mbns $20,975 $22,780 250 Mbps $24,515 $26,320 300 Mbps $2&,050 $29,855 350 Mbps $31,600 $33,405 400 Mbps $35,140 $36,945 450 Mbps $38,675 $40,480 500 Mbps $42,215 $44,020 550 Mbps $45,750 $47,555 600 Mbps $49,290 $51,095 622 Mbos $50,700 $52,505

v.2.3.06

Table 19: Tiered OC-48 (ICB Only)

Discount· NIA

Incremental Usage Fee Discount: N/A Undiscounted Incremental Usage Fee Per Mbps

$155 $150 $150 $145 $145 $140 $140 $130 $120 $115 $110 $110 $105 $105 $100 $100 N/A

Speed Undiscounted MIS Undiscounted MIS Monthly Service Fee w/Managed Router

Monthlv Service Fee

2.5 Gbps $196,000 $199,055 v.2.3.06



ps _mis_ all_ no_ security_ svcs _20060528 _gcsm.rtf v.05/14/09

41



Discount· NIA Sustained Usage Un discounted Undiscounted MIS

MIS Monthly w/Managed Router Monthly Service Fee Service Fee

Up to 1250 Mbps $121,500 $124,555

1251 to 1350 Mbos $130,975 $134,030 1351 to 1450 Mbps $140,450 $143,505 1451 to 1550 Mbps $149,925 $152,980

1551 to 1650 Mbps $159,400 $162,455

1651 to 1750 Mbps $168,875 $171,930

1751 to 1850 Mbps $178,350 $181,405

1851 to 1950 Mbps $187,825 $190,880

1951 to 2050 Mbps $197,300 $200,355

2051 to 2150 Mbps $206,775 $209,830

2151 to 2250 Mbps $216,250 $219,305 2251 to 2350 Mbps $225,725 $228,780

2351 to 2450 Mbps $235,200 $238,255 v.2.3.06

Table 21: Flexible Bandwidth Billing Option - Burstable OC-48 {ICB Only)

Discount applied to MIS & MIS w/Managed Incremental Usage Router: N/A Fee Discount:

N/A Tiered Undiscoun Undiscounte Undiscounted Bandwidth led MIS d MIS with Incremental Usage Minimum Monthly Managed Fee Commitmen Fee Router Per Mbps t Monthlv Fee 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps $63,440 $65,245 $100 1250 Mbps $101,250 $104,305 $100 1550 Mbos $125,000 $128,055 $100 1850 Mbos $148,750 $151,805 $100 2150 Mbps $172,500 $175,555 $100 2450 Mbps $196,000 $199,055 N/A

v.2.3.06


CSM100928120550

Table 22a: Flexible Bandwidth Billing Option - Ethernet Discount applied to MIS & MIS w/Managed Incremental Router: 65.0 % Usage Fee

Discount: 65.0 %

Tiered MIS MIS with Undiscounted Bandwidth Undiscounte~ Managed Incremental Minimum Monthly Router Usage Fee Commitment Fee Undiscounted Per Mbps

Monthlv Fee 0.5 Mbps $390 $460 $940 1.0 Mbps $425 $495 $510 1.5 Mbos $470 $540 $380 2 Mbps $590 $885 $355 3 Mbos $850 $1,145 $340 4Mbps $1,075 $1,370 $325 5Mbps $1,125 $1,420 $270 6Mbps $1,250 $1,545 $250 7Mbps $1,415 $2,295 $245 8Mbps $1,565 $2,445 $235 9MbPs $1,715 $2,595 $230 10 Mbps $1,840 $2,720 $225 15 Mbps $2,465 $3,345 $200 20 Mbps $3,090 $3,970 $190 25 Mbps $3,725 $4,605 $180 30 Mbos $4,350 $5,230 $175 35 Mbps $4,990 $5,870 $175 40 Mbps $5,615 $6,495 $170 45 Mbps $6,250 $7,130 $170 50 Mbps $6,770 $7,815 $165 60 Mbps $7,825 $9,005 $160 70 Mbps $8,875 $10,055 $155 75 Mbps $9,410 $10,595 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbos $12,025 $13,205 $145 120 Mbos $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 150 Mbps $17,065 $18,250 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbos $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbos $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbos $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps (ICB) $63,440 $65,245 $100 900 Mbps (ICB) $70,875 $73,930 $100 1000 Mbps IICB) $78,250 $81,305 NIA

v.10.01.08




42


Table 22b: Flexible Bandwidth Billing Option- MIS 10 Gig Ethernet

Discount applied to MIS: NIA Incremental Usage Fee Discount: NIA

Tiered Bandwidth MIS Undiscounted Incremental Minimum Undiscounted Usage Fee Commitment Monthly Per Mbps

Fee .5 Gbps $42,215 $84.43

1.0 Gbps $78,250 $78.25 1.5 Gbps $119,625 $79.75 2.0 Gbps $161,000 $80.50 2.5 Gbos $196,000 $80.25 3.0 Gbos $240,000 $80.00 3.5 Gbos $279,125 $79.75 4.0 Gbps $318,000 $79.50 4.5 Gbos $356,625 $79.25 5.0 Gbps $390,000 $78.00 5.5 Gbps $433,125 $78.75 6.0 Gbps $471,000 $78.50 6.5 GbJ)s $508,625 $78.25 7.0 Gbps $539,000 $77.00 7.5 Gbos $583,125 $77.75 8.0 Gbps $620,000 $77.50 8.5 Gbos $656,625 $77.25 9.0 Gbos $684,000 $76.00 9.5 Gbps $719,625 $75.75

10.0 Gbos $755,000 $75.50 v.10.01.08

Table 23: Class Of Service Option - Tiered T-1, T-3 and Burstable Service • Monthly Service Fees

Discount· NIA Speed Class of Service Monthly Fee - List Price {w/ o

w/out Managed Router, including Managed Router Option 2, except as indicated)

56 Kbpst $225

128 Kbpst $225

256 Kbpst $225 384 Kbpst $225

512 Kbpst $225

768 Kbps $225 1024 Kbps• $225

1.5 Mbps $225 2xT•1 (3 Mbps) $225

3xT-1 (4.5 Mbps) $225

4xT-1 (6 Mbps) $225

5xT-1 (7.5 Mbps) $225

6xT•1 (9 Mbps) $225 7xT-1 (10.5 Mbps) $225 BxT-1 (12 Mbps) $225

10 Mbps $825

15 Mbps $1,075


20 Mbps

25 Mbps

30 Mbps

35 Mbps

40 Mbps

45 Mbps

155 Mbpst

(t) no real-time class available (t:) unmanaged only v.6.1.06

CSM100928120550

$1,325 $1,575 $1,825

$2,100 $2,350 $2,750

$2,750



ps _mis_ all_no _security _svcs _ 20060528 _gcsm.rtf v.05/14/09

43


Table 24: Class Of Service Option • Flexible Bandwidth Billing Option • Monthly Service Fees Discount· N/A

Speed

Up to 1.5 Mbps

2.0 Mbps

2.01 - 3.0 Mbps

3.01 • 4.0 Mbps

4.01 • 5.0 Mbps

5.01 - 6.0 Mbps

6.01 • 7.0 Mbps

7.01 • 8.0 Mbps

8.01 - 9.0 Mbps

9.01 to 10.0 Mbps

10.01 to 15.0 Mbps

15.01 • 20.0 Mbps

20.01 • 25.0 Mbps

25.01 - 30.0 Mbps

30.01 - 35.0 Mbps

35.01 • 40.0 Mbps

40.01 · 45.0 Mbps

45.01 - 155 Mbps

200 - 250 Mbps

300 • 350 Mbps

400 - 600 Mbps

622 Mbps

700 - 1000 Mbps

1.5 Gbps

2.0 Gbps

2.5 Gbps

3.0 Gbps

3.5 Gbps

4.0 Gbps

4.5 Gbps

5.0 Gbps

5.5 Gbps

6.0 Gbps

6.5 Gbps

7.0 Gbps

7.5 Gbps

8.0 Gbps

8.5 Gbps

9.0 Gbps

9.5 Gbps

10.0 Gbps ..

*SubJect to ava1lab1hty v.10.01.08

Undiscounted MIS w/ or w/out Managed Router including Managed Router Option 2

Monthly Service Fee * $225

$285 $360 $435

$510

$575

$640

$705

$765 $825

$1.075 $1,325

$1,575

$1,825 $2,100

$2,350

$2,750

$5,000

$5.400 $5,800

$6,200

$7,000

$7,800

$7,900

$8.000

$8,100

$8,200

$8,300

$8.400

$8,500

$8,600

$8,700

$8,800

$8,900

$9,000

$9,100

$9,200

$9,300

$9,400

$9,500

$9,600


CSM100928120550

Table 25: Class Of Service Option - Installation Fees

Discount: NIA Class of Service Undiscounted Installation Fee

v.2.3.06

Table 26: MIS+NCS Option (ICB Only)

Discount· NIA

$1,000

Feature Undiscounted Monthly Service Fee

MIS + NCS Site License Fee (3 vr\ MIS+ NCS Site License Fee (5 yr\ MIS+ NCS Tier 1 Support

v.04.29.02

Table 27: MIS+ NCS Installation ~ees (ICB Only) Discount· 0 0 %

Feature

MIS+ NCS Site Preparation Fee

v.2.3.06

MIS Only

$1,200

$1,050

$100

Undiscounted Installation Fee List Price MIS

$2,500




44

AT&T Managed Internet Service - Pricing Schedule AT&T MA Reference No. _____ _

Table 28: MPLS PNT Feature

Discount·N/A Access Method Speed

Private Line Fractional T-1 Fractional T-1 (56K -156K - 768Kl~ 768K)-

Private Line NxT-1 Private Line NxT-1

(2 through Bl (3 Mbps -12 Mbps) Private Line T1 T•1 1.54 Mbps) Private Line T3 2Mbps Hi-Cap Flex T3) Private Line T3 3 Mbos Hi-Cap Flex T3 Private Line T3 4Mbps Hi-Cap Flex T3 Private Line T3 5Mbos Hi-Cao Flex T3 Private. Line Tl 6Mbps Hi-Cap Flex T3 Private Line T3 7Mbps Hi-Cap Flex T3 Private Line T3 BMbos Hi-Cao Flex T3 Private Line T3 9 Mbps (Hi-Cap Flex T3 Private Line T3 -10 Mbps (Hi-Cap Flex

T3) Private Line T3 15 Mbps (Hi Cap Flex T3

or Fractional Tl\ Private Line T3 20 Mbps (Hi-cap Flex T3,

or Fractional T3) Private Line T3 25 Mbps(Hi-cap Flex T3,

or Fractional T3\ Private Line T3 30 Mbps {Hi-cap Flex T3,

or Fractional T3\ Private Line T3 35 Mbps (Hi-cap Flex T3,

or Fractional T3\ Private Line T3 40 Mbps (Hi-cap Flex T3,

or Fractional T3\ Private Line T3 45 Mbps (Full T3) Private Line T3 645 Mbps (Burstable

T3) Private Line OC3 OC·3 (35-155 Mbps) Flat

rate, Burstable, or Hi-Cap flex

Private Line OC-12 (70-622 Mbps) OC12 Flat rate, Hi-Cap Flex, or

Burstable Private Line OC-48 (600-2500 Mbps)

OC48 Flat rate, Hi-Cap Flex or Burstable

Ethernet 512Kbps -1.5 Mbps Ethernet 2-15 Mbps Ethernet 15.01 - 45 Mbps Ethernet 45.01 • 155 Mbps Ethernet 155.01 - 622 Mbns Ethernet 622.01 - 1000 Mbps

** (1024K not available with MPLS PNT) v.10.12.07


Undiscounted Monthly Service

Fee MIS, MIS w/Managed Router,

and MIS w/ Managed Router

ontion 2

$200

$200 $200

$1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000

$1,000

$1,000

$2,000

$2,000

$2,000

$2,000

$2,000 $2,000

$2,000

$5,000

$10,000 $20,000

$200 $1,000 $2,000 $5,000

$10,000 $20,000

CSM 100928120550

Table 29: MPLS PNT Unilink Feature

Discount· N/A Access Method Speed Undiscounted Monthly

Service Fee MIS PNT and MIS PNT with Mana11ed Router

T-1 (1.54 Mbps) Private Line T-1 Burstable T1 $200

2- 45 Mbps (Flat Rate, Hi-Cap Flex or

Private Line T-3 Burstable T3) $2,000 OC-3 (35-155 Mbps) Flat rate, Burstable,

Private Line OC-3 or Hi-Cao flex $5,000 OC-12 (70-622 Mbps) Flat rate, Hi-

Private Line OC- Cap Flex, or 12 Burstable $10,000 Private Line OC- OC-48 $20,000 48 Ethernet 512 Kbps -1.5 $200

Mbps Ethernet 2-45 Mbps $2,000 Ethernet 45.01-155 Mbos $5,000 Ethernet 155.01-622 Mbps $10,000 Ethernet 622.01-1000 Mbos $20,000

v.10.12.07

Table 30: Multicast Monthly Service Fee

N/A IMultiCast Monthly Service Fee ICB

Table 31: Multicast Installation

N/A IMultiCast Installation Fee ICB

Section II: AT&T Business in a Box5M

Table 1; Service Component Replacement - Next Business Day Shipped (5x8) Monthly Charges

Discount· N/A Service Component/Device Undiscounted Monthly

Service Charge Base Unit 12 Port $50 Base Unit 24 Port $70 8 Port POE Add-On $30 24 Port POE Add-On $75 8 Port Analoa Module Add-On $35

v.5.14.09

Table 2: On-Site Maintenance (24X7X4) Monthly Charges

Discount· N/A Option Undiscounted Monthly

Service Charae Base Unit 12 Port $75 Base Unit 24 Port $95 8 Port POE Add-On $35



45


24 Port POE Add-On $85 8 Port Analo Module Add-On $40

v.5.14.09

Table 3: Life-Cycle Management Charges • Service Charges

Discount· N/A Per Site/ Per Occurrence Undiscounted Service Charge List during Standard Business Price Hours (Monday- Friday, 8:00 am- 5:00 pm, local time)

Move. Addition, Change to $260 Service Delete Service $500

v. 5.14.09

Table 4: Class Of Service Option -when ordered with AT&T BVolP Services only

Discount: 100% Cl~ss Qf $~ic;~ IYl91Jlh_ly Service Fee v.1.9.09

Section Ill: Additional Service Fees

Movina Fee (durina hours) Additional Moving Fee (outside standard operating hours - 8:00 a.m. to 5:00 p.m. Monday throuah Friday)

v.07101/04

Section IV: Local Access Pricing

7721770 Vero

Beach, FL Ethernet 20Mpbs

$225

$1,000 oer location Additional $500 per location

$00.00 $ 1005.36


CSM100928120550



ps_mis_all_no_security_svcs_20060528_gcsm.rt1 v.05/14/09

46

~at&t

Customer

Indian River County BOCC

1800 27th Street Verci.Beach, FL 32960 USA

Customer Contact (for notices)

Name: Basil Dancy Title: 1800 27th Street Vero Beach , FL 32960 United States Telephone: 7722261256 Fax: Email: [email protected] Customer Account Number or Master Account Number:

AT&T Managed Internet Service Pricing Schedule

AT&T

AT&T Corp,

AT&T Contact (far notices)

701 NORTHPOINT PKWY WEST PALM BEACH, FL 33407

With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: M!3ster Agreement Support Team Email: [email protected]


CSM101021131353

AT&T Sales Contact D Primarv Contact NANCY J HESS 701 NORTHPOINT PKWY WEST PALM BEACH, FL 33407

Telephone: 5616406642

Fax:8005054552

Email: [email protected]

Branch Manager: Frances Rhinesmith

Sales Strata: ABS Sales Sales- Rer ion: Southern AT&T Solution Provider or Representative Information /if annficable 1 Name: Company Name:

Telephone: Fax: Email: Agent Code:

This Pricing Schedule is part of the Agreement between AT&T and Customer referenc~d above. The promotional pricing in this Pricing Schedule applies only to the MIS Service{s) ordered at the following Site and shall not apply to any subsequent orders for additional MIS Seryice(s) to any other Customer locations. Additional orders for Service(s) to additional Customer locations will require AT&T and Customer to sign a new Pricina Schedule for MIS Service.

Customer fbv its authorized reoresentative)

Bv:

Name:

Title:

Date:

I Site Address I

I 4225 43rd Avenue, Vero Beach, FL I AT&T (bv ]ts authorized renresentative \

Bv:

Name:

Title:

Date:

AT&T and Customer Confidential In.formation Page 1 of 12

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47


·®at&t CSM101021131353

This Pricing Schedule and any promotional discounts listed herein shall apply to the Service ordered at only one (i.e., the initial) Customer Site, and only for those Service speeds eligible for such promotional discounts, and shall not apply to subsequent orders for additional Services. In the event Customer wishes to order additional Services to Site(s) other than the initial Site Customer will be required to execute a new AT&T Managed Internet Service Pricing _Schedule for-any additional Sites.

1. SERVICES

• AT&T Managed Internet Service • AT&T Private Network Transport (PNn Service is an optiOn of MIS and can be ordered as an MPLS PNT feature under Tables 28 and 29.

• AT& rs Acceptable Use Policy is located at http://www.att.com/aup or such other AT&T-designated location.

2. PRICING SCHEDULE TERM AND EFFECTIVE DATES

Pricing Schedule Term Start Date Term 36 Months Effective Date of this Pricinn Schedule

Effective Date of Effective Date of this Pricing Rates and Discounts Schedule

3. MINIMUM PAYMENT PERIOD

Portion of Monthly Service service Fees Components Applicable to Minimum Payment Period

50% Al! Service Components

Minimum Payment Period

Until end of Pricing Schedule Term, but not less than 12 months per comDonent


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48


4. RATES (US Mainland, HI and Alaska1 only)

t Service in Alaska requires a separate AT&T Addendum for Service in Alaska. The rates ~tated in this Pricing Schedule apply to Service locations and/or Service Components in Alaska only in the event that a Service Component and/or Service location is not listed-in the Addendum for Service in Alaska. In the event of the conflict between this Pricing Schedule and the Addendum fClr Service in Alaska, the Addendum for Service in Alaska controls.

NOTE 1: MtS w/ Managed Router Option 2 available only as described in· the Service Guide. ·

NOTE 2: If Customer orders the MPLS PNT feature under Section I, Tables 28 and 29 as part of the MIS serYice, Customer will be billed for PNT transport and uplifts and all applicable taxes will be stated on the Customer's invoice.

NOTE 3: The charges for the Class of Service. (CoS) feature set forth in Section l, Table 23 through 25 are waived for Sites at which Customer also maintains AT&T Business Voice over IP (VoIP} Service.

('} = not available with MPLS PNT ICB == available only on an Individual Case Basis. N/A = Not Available


CSM101021131353

Section I: AT&T Managed Internet Service Access Bandwidth •

Table 1: Tiered T·1, NxT•1, E•1 And Frame• Flat Rate Blllina Ootion Access Speed MIS MISw/ MISw/ Discount Method Monthly Manage Manage

Service d ,Router d Router Fee List Monthly Option 2

Price Service Monthly Fee Service List Fee

Price List Price

N/A 56/64 $190 $260 N/A NIA Kbos

T-1 128 $225 $295 $285 NIA Kbps

T-1 256 $280 $350 $340 . NIA

Kbps T-1 384 $335 $405 $395 NIA

Kbos T•i 512 $390 $460 $450

.

N/A Kbos

T-1 768 $410 $480 $470 N/A Kbos

T-1- 1024 $425 $495 $485 NIA Frame* Kbos

T-1 T-1 $470 $540 $530 N/A

E·1* E-1 $470 $540 NIA NIA

2XT•1 3Mbps $850 $1,145 NIA N/A

3XT•1 4.5 $1,100 $1,395 N/A N/A Mbos

4XT•1 6Mbps $1.250 $1,545 N/A NIA

5XT•1 7.5 $1,480 $2,360 NIA N/A Mbps

6xT•1 9Mbps $1,715 $2,595 NIA N/A.

7XT•1 10.5 $1,915 $2.795 N/A N/A Mbps

BxT-1 12 $2,190 $3,070 N/A N/A Mbps

v.2.3.06


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v.05114/09

49


Table 2: Bursta.ble T-1

Discount· · NIA .. Sustained Undiscounted

Usage MIS Monthly Service Fee

up to 128kbos $270 128.01 · 256 $340

Kbos 256.01 · 384 $405

Kbas 384.01 • 512 $470

Kbos 512.01 Kbps· $565 1.544 Mbos

v.2.3.06

Table 3: DNS Services

Undlscounted Undiscounted MIS w/Managed MIS w/Managed Router Monthly Router Option 2

Service Fee Monthly Service . Fee

$340 $330 $410 $400

$475 $465

$540 $530 .

$635 $625

Ootion Monthlv Service Fee Additional Primary DNS (available in $100 per DNS increment increments of up to 15 zOnes with a maximum of 150 Kilobvtes of zone file data) Additional Secondary ON$ (available in $100 per DNS increment inc.-ements of up to 15 zones with a maximum of 150 Kilobytes of zone file data)

v.07.01.04

Table 4: ATM And Tiered T-3

Discount· NfA Access Speed MIS Monthly Method Service Fee

List Price

ATM* 2Mbps $590

ATM* 3 Mbp$ $850

ATM* 4Mbps $1,075

ATM* 5Mbps $1,125

ATM* 6Mbps $1.250

ATM* 7Mbps $1,415

ATM* 8 Mbps $1.565

ATM* 9 Mbps $1,715

ATM"/T-3 10 Mbps $1,840

ATM"!T-3 15 Mbps $2;465

ATM"fT-3 20 Mbps $3,090

ATM"fT-3 25 Mbps $3,725 ATM•/T-3 30 Mbps $4.350

ATM*IT-3 35 Mbps $4,990

ATM*fT-3 40 Mbps $5.615

T-3 45 Mbps $6.250

v.2.3.06

MIS w/Managed

Router Monthly

Service Fee List Price

$885

$1,145

$1,370

$1,420

$1,545

$2,295

$2,445

$2,595

$2.720

$3.345 $3,970

$4.605

$5.230

$5.870

$6.495

$7.130

MIS w/Managed Router Option

2 Monthly Service Fee

List Price

$840

$1.100

$1,325

$1,375

$1,500

$2.000

$2,150

$2,300

$2.425

$3.050

$3,675

$4.310

$4.935

$5.575

$6,200

$6,835


Table 5: Burstable T-3

Discount· NIA

CSM101021131353

Sustained Usage Undlscounted Undiscounted Undiscounted MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2


UD to 6.0 Mbps $1,515 $1.810 $1.765 6.01 • 7.5 Mbps $1.790 $2.670 $2.375 7 .51 - 9.0 Mbps $2.065 $2,945 $2.650

9.01 - 10.5 Mnns $2.290 $3,170 $2.875 10.51 • 12.0 Mbos $2.515 $3.395 $3.100 12.01 • 13.5 Mb $2.740 $3,620 $3.325 13.51 -15.0 Mbps $2,965 $3.845 $3,550 15,01 -16.5 Mbps $3,150 $4.030 $3,735 16.51 -18.0 Mbos $3.340' $4.220 $3.925 18.01 -19.5 Mbos $3,525 $4.405 $4.110 19.51 • 21.0 Mbps $3.715 $4.595 $4.300 21.01 - 45.0 Mbos $7.515 $8,395 $8,100

Table 6: Flexible Bandwidth Billing Option· Burstabfe T-3

Discount applied ta MIS, MIS Incremental Usage Fee w/Managed Router, & MIS w/Managed DiSCO\.lnt N/A Router Option 2: NIA

Tiered MIS MIS wt MISw/ Undlsco Bandwidth Undlscou Managed Managed unted Minimum nted Router Router lncreme

Commitment Monthly Undlscou Option 2 ntal Fee nted Undiscount Usage

Monthly ed Monthly Fee Fee Fee Per

Mbos 2Mbps $590 $885 $840 $355 3Mbos $850 $1.145 $1.100 $340 4Mbos $1,075 $1.370 $1325 $325 SMbps $1,125 $1.420 $1,375 $270 6 Mbas $1,250 $1,545 $1,500 $250 7 Mbos $1.415 $2.295 $2,000 $245 8Mbps $1.565 $2,445 $2,150 $235 9Mbps $1.715 $2.595 $2,300 $230

10.Mbos $1,840 $2.720 $2.425 $225 15 Mbps $2.465 $3,345 $3,050 $200 20 Mbps $3,090 $3,970 $3.675 $190 25 Mbas $3.725 $4,605 $4.310 $180 30 Mbos $4.350 $5 230 $4.935 $175 35 Mbps $4,990 $5.870 $5.575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbos $6.250 $7,130 $6,835 NIA

v.2.3.06


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AT&T Managed Internet Service - Pricing Schedule AT&T MA Reference No. _____ _

CSM101021131353

Table 7: MIS Access Redundancy Option Table 9: MARO Features - Monthly Service Fees (MARO) • Burs table T -1 with Shadow Billing Option

Optior:i Monthly Service Fee S~rvice Discount· NIA List Price Coinponent Sustained Usage MIS w/Managed Router MIS w/Managed Router Discount

Undiscounted Monthl.y Option 2 Undiscounted Alternate Backbone T-1: $500 N/A Service Fee Monthlll Service Fee

Up to 56 Kbps $170 $160 For MARO

Redundant Link

Node Option a

NxT1: additional charges via Private Line, per $500 nerT-1

Service Component T3: $5,000

Seniice Only OC-3 $12,000 (Shadow BllllnQ)

UD to 128kbos $340 $330 128.01 - 256 Kbos $410 $400 256.01 • 384 Kbos $475 $465 384.01 - 512 Kbos $540 $530

CPE Redundant T-1: $120 N/A Configuration Option NxT-1: $350 - Per Service T3; $540 Component OC-3: $2,435

512.01 Kbps - $635 $625 1.544Mbos

Backbone Node $500 perT-1 Redundant N/A Redundancy Option - Link

v.2.20.06 additional charges via $5,000 per T-3 Private Line, per Redundant Link

Table 8: MARO Burstable T-3 with Shadow Billing Option Redundant Link $12,000 per OC-3 Redundant Link

Discount· NIA Outbound Load T1 & NXT1:$350 N/A

Sustained Usage MIS w/Managed MIS w/Managed Router Router Monthly Option 2 Monthly Service

Service Fee Fee

Balancers (2) (Dual Managed T3 & OC3: $875 Customer Routers\

Up to 56 Kbps $800 $790 v.2.3.06 For MARO

Redundant Link Table 1 O: MIS and MARO Features - Installation Fees (ICB Only)

Service Only (Shadow Billirlol UP to 6,0 Mbps $1,810 $1,765 6.01 - 7.5 Mbos $2,670 $2,375 7.51 - 9.0 Mbos $2,945 $2,650

9.01 -10.5 Mbps · $3,170 $2,875 10.51 -12.0 Mbos $3,395 $3,100 12.01 - 13.5 Mbos $3,620 $3,325. 13.51 -15.0 Mbos $3,845 $3,550 15.01 -16.5 Mbos $4,030 $3,735 16.51 a 18.0 Mbos $4,220 $3,925

Discount· 0 0 o/i • Option Undiscounted Installation Fee

List Price MIS, MIS w/Managed Router, & MIS w/

Manaoed Router Ootion 2 MARO • Outbound $1000 Load Balancers (2) {Dual Managed Customer Routers\

v.2.6.06

18.01 -19.5 Mbos $4,405 $4,110 19.51 ~ 21.0 Mbos $4,595 $4,300 21.01 - 45.0 Mbos $8,395 $8,100 v.10.31.05


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51


Table 11: MIS Tele - Installation

o· cou t: 100 o % IS n. MIS Speed Undiscounted Undiscounted Undiscounted

MIS MISwJ MISw/ Managed Managed Router Router Ontion 2

56 Kbns $1,000 $1.000 $1,000 128 Kbps - $1,000 $1,000 $1,000 1.5 Mbns NxT-1 $2,500 $2,500 $2,500 Tiered/Full $5,000 NIA NIA T-3 Tiered OC- $10,000 NIA NIA 3, OC-12, OC· 48 Ethernet $1,500 $1,500' NIA 10 Gig $10,000 $10,000" $10,000" Ethernet

*Available for MIS speeds of 100 Mbps and below and with ~l~ctrlc:aj lntElrfaces only. ,... Subject to availability v.10.01.08

TBble 12: On..Site Installation

Discount· O O 11/4 • MIS Speed Undiscounted MIS

w/ Managed Router Onlv

56 Kbos $999 128 Kbps -1.5 Mbos $999

NxT-1 $999 TleredfFull T-3

$1,000 Tiered OC..J, oc.12, oc-48 $10,000 Ethernet $1,500

v.11.08.08

Undiscounted MIS w/ Managed

Router Ootion 2 Onlv $999

$999

$999

$1,000 $10,000

NIA


CSM101021131353

Table 13: ATM and Tiered OC-3 (ICB Only)'"

Discount· NIA Speed Undiscounted Undiscounted

MIS Monthly MIS w/Managed Service Fee Router

Monthly Service Foe

2 Mbps $590 $885 3 Mbps $850 $1,145 4 Mbps $1,075 $1,370 5 Mbps $1,125 $1,420 6Mbps $1,250 $1,545 7Mbps $1,415 $2,295 BMbps $1,565 $2,445 9Mbps $1,715 $2,595 10 Mbps $1,840 $2,720

15 Mbps $2,465 $3,345 20 Mbps $3,090 $3,970 25 Mbps $3,725 $4,605 30 Mbps $4,350 $5,230 35 Mbps $4,990 $5,870

40 Mbps $5,615 $6,495

60 Mbos $7,825 $9,005 155 Mbps

(not available

with ATM) $17,800 $18.980 v.2.3.06


Discount· N/A Sustained Usage Undlseoun Undiscounted

ted MIS MIS w/Managed Monthly Router Monthly Service Service Fee

Fee Uo to 35.0 Mbos $5,990 $6,870 35.01 to 45.0 Mbns $7,515 $8,395 45.01 to 55.0 Mbps $8,765 $9,945 55.01 to 65.0 Mbos $10,025 $11,205 65."01 to 75.0 Mbos $11,290 $12,470 75,01 to 85.0 Mbns $12.550 $13,730 85.01 to 100.0 Mbns $14,440 $15,620 100.01 to 125.0 Mbns $17,590 $18,770 125.01 to 155.0 Mbns $21,365 $22,545 v.2.3.06

Und\scounted MfS w/Managed Router

Option 2 Monthly Service Fee

$840

$1,100·

$1,325

$1,375

$1,500

$2,000

$2,150

$2,300

$2,425

$3,050

$3,675 $4,310

$4,935

$5,575

$6,200

$8,450

$18,425

Undlscounted MIS w/Managed Router Option 2 Monthly

Service Fee

$6,575 $8,100 $9,390 $10,650 $11,915 $13 175

$15,065

$18,215

$21.990

AT&T and Customer Confidential lnfonnation Page 6 of 12

eCRM ID 1-FEDXSE



v.05/14/09


Table 15: Flexible Bandwidth Billing Option~ Burstable OC..J (ICB Only)

Discount applied to MIS, MIS w/Managed Router, & Incremental MIS w/ Managed Router Option 2: NIA

Tiered Undiscou Undiscoun Bandwidth nted MIS ted MIS Minimum Monthly with Commltme Fee Managed nt Router

Monthly Fee

35 Mbns $4,990 $5,870 40 Mbns $5,615 $6,495 45 Mbns $6,250 $7,130 60 Mbns $7,825 $9,005 70 Mbos $8,875 $10,055 80 Mbos $9,925 $11,105 90Mbris $10,975 $12,155 100 Miins $12,025 $13,205 120 Mbns $14,125 $15,305 144 Mbcs $16,225 $17,405 155 Mbas $17,800 $18,980 v.2.3.06

Table 16: Tiered OC~12 (ICB Only)

Discount· N/A

Usage Fee Discount: NIA

Undiscou Undiscounte nted MIS dlricremental with Usage Fee Managed Per Mbps Router Option 2 Monthly Fee

$5,575 $175 $6,200 $170 $6,835 $170 $8.450 $160 $9,500 $155

$10,550 $150 $11,600 $150 $12 650 $145 $14,750 $145 $16,850 $140 $18,425 N/A

Spee~ Undlscounted Undiscounted MIS w/Managed MIS Monthly Router Service Fee Monthlv Service Fee

622 Mbos $50,700 $52,505 v.2.3.06


Discount· NfA Speed Undiscounted

MIS Monthly Service Fee

Un to 75,0 Mbos $11,290 75,01 to 150.0 Mbns $18,750 150.01 to 225.0 Mbos $26,215 225.01 to 300.0 Mbos $33,665 300.01 to 375.0 Mbns $40,040 375,01 to 450.0 Mbos $46 415 450.01 to 525.0 Mbos $52,715 525.01 to 622.0 Mbns $60,850 v.2.3.06

Undiscounted MIS w/Managed Router

Monthlv Service FEMJ

$12,470

$19,930

$27,395 $35,470

$41,845

$48,220

$54,520 $62,655


CSM101021131353

Table 18: Flexible Bandwidth Billing Option - Burstable oc.12 (ICB Only)

Discount applied to MIS & MIS w/Managed Incremental Router: N/A

liered Undiscount Bandwidth ed MIS Minimum Monthly Commibnent Fee

70Mbn..-. $8,875 80 MbDS $9,925 90 Mbos $10,975 100 Mbps $12,025 120 Mnns $14,125 144 Mbos $16,225 155 Mbos $17,800 200 Mbps $20,975 250 Mboo $24,515 300 Mbos $28,050 350 Mbos $31,600 400 Mbps $35,140 450 Mbos $38,675 500 Mbos $42,215 550 Mbos $45,750 600 Mbps $49,290 622 Mbps $50,700

v.2.3.06

Table 19: Tiered OC-48 (ICB Only)

Discount· N/A

Usage Fee Discount N/A

Undiscounted Undl&counted MIS with Incremental Managed Usage Fee Router Per Mbps Monthlv Fee

$10,055 $155 $11,105 $150 $12,155 $150 $13,205 $145 $15,305 $145 $17,405 $140 $18,980 $140 $22,780 $130 $26,320 $120 $29,855 $115 $33,405 $110 $36,945 $110 $40,480 $105 $44,020 $105 .$47,555 $100 $51,095 $100 $52,505 N/A

Speed Undiscounted MIS Undiscounted MIS Monthly Service Fee w/Managed Router

Monthlv Service Fee

2.5 Gbos $196,000 $"199,055 v.2.3.06


eCRM ID 1-FEDXSE

1011 ts8616 igloo 2076744,001 TA EaMIS In-Region (2 - 200

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53

AT&T Managed Internet Service- Pricing Schedule


Discount· NIA Sustained Usage· Undiscounted Undiscounted MIS

MIS Monthly w/Managed Router Monthly Service Fee Service Fee

UD to 1250 Mbps $121,500 $124,555 1251 to 1350 Mbos $130,975 $134,030

1351 to 1450 Mbos $140,450 $143,505

1451 to 1550 Mbps $149,925 $152,980

1551 to 1650 Mbos $159,400 $162,455

1651 to 1750 Mbos $168,875 $171,930

1751 to 1850 Mbps $178,350 $181,405

1851 to 1950 Mbas $187,825 $190,880

1951 to 2050 Mbos $197,300 $200,355

2051 to 2150 Mbps $206,775 $209,830 2151 to 2250 Mbos $216,250 $219,305 ·2251 to 2350 Mbps $225,725 $228,780

2351 to 2450 Mbps $235,200 $238,255 v.2.3.06

Table 21: Flexible Bandwidth Billing Option · Burstable OC-48 (ICB Only)

Discount applied to MIS & MIS w/Managed Incremental Usage Router: NIA Fee Discount:

NIA Tiered Undlscoun Undiscounte Undiscounted Bandwidth tedMIS d MIS with Incremental Usage Minimum Monthly Managed Fee Commlbmtn Fee Router Per Mbps t Monthly Fee 600 Mbos $49,290 $51,095 $100 622 Mbos $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps $63,440 $65,245 $100 1250 Mbos $101,250 $104,305 $100 1550 Mbos $125,000 $128,055 $100 1850 Mbos $148,750 $151,805 $100 2150 Mbos $172,500 $175,555 $100 2450 Mbos $196,000 $199,055 NIA

v.2.3.06


CSM101021131353

Table 22a: Flexibl8 Bandwidth Billinci Ontion - Ethernet Discount applied to MIS & MIS w/Managed Incremental Router: 65.0 % Usage Fee

Discount: · 65.0%

Tiered MIS MIS with Undlscounted Bandwidth Undlscounted Managed Incremental Minimum Monthly Router Usage Fee Commitment Fee Undiscounted Per Mbps

Monthlv Fee 0.5 Mbos $390 $460 $940 1.0 Mbas $425 $495 .$510 1.5 Mbns $470 $540 $380 2Mbos $590 $885 $355 3 Mbos. $850 $1,145 $340 4Mbos $1,075 $1,370 $325 5Mbns $1,125 $1,420 $270 6Mbos $1,250 $1,545 $250 7Mbos $1,415 $2,295 $245 8Mbos $1,565 $2,445 $235 9Mbas $1,715 $2,595 $230 10 Mb"--cc f1,840 - $2,720 $225 15 Mbos $2,465 $3,345 $200 20 Mbas $3,090 $3,970 $190 25 Mbns $3,725 $4,605 $180 30 Mbos $4,350 $5,230 $175 35 Mbos $4,990 $5,870 $175 40 Mbos $5,615 $6,495 $170 45 Mbas $6,250 $7,130 $170 50 Mbps - $6,770 $7,815 $165 60 Mbos $7,825 $9,005 $160 70 Mbos $8,875 $10,055 $155 75 Mbas $9,410 $10,595 $155 80 Mbps $9,925 $11,105 $150 90 Mbos $10,975 $12,155 $150 100 Mbos $12,025 $13,205 $145 120 Mbas $14,125 $15,305 $145 144 Mbns $16,225 $17,405 $140 150 Mbps $17,065 $18,250 $140 155 Mbos $17,800 $18,980 $140 200 Mbas $20,975 $22,780 $130 250 Mbos $24,515 $26,320 $120 300 Mbos $28,050 $29,855 $115 350 Mbas $31,600 $33,405 $110 400 Mbos $35,140 $36,945 $110 450 Mbos $38,675 $40.480 $105 500 Mbos $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbos $49,290 $51,095 $100 622 Mbos $50,700 $52,505 $100 700 Mbos $56,365 $58,170 $100 800 Mbps IICB\ $63,440 $65,245 $100 900 Mbps IICB\ $70,875 $73,930 $100

. 1000 Mbps IICB\ $78,250 $81,305 NIA -

v.10.01.08


eCRM ID 1-FEDXSE

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Table 22b: Flexible Bandwidth Billing Option- MIS 10 Gig Ethernet

Discount.applied to MIS: NIA Incremental Usage Fee Discount: NIA

Tiered •Bandwidth MIS Undiscounted Incremental Minimum Undlscounted Usage Fee Commitment Monthly Per Mbps

Fee .5 Gbos $42,215 $84.43

1.0 Gbos $78,250 $78.25 1.5Gbps $119,625 $79.75 2.0 Gbps $161,000 $80.50 2.5 Gbos $196,000 $80.25 3.0 Gbos $240,000 $80.00 3.5 Gbps $279,125 $79.75 4.0 Gbps $318,000 $79.50 4.5 Gbos $356,625 $79,25 5.0 Gbns $390,000 $78.00 5,5 Gbos $433,125: $78.75 6.0 Gbos $471,000 $78.50 6.5 Gbos $508,625 $78.25 7.0 G • $539,000 $77.00 7.5 Gbps $583,125 $77.75 8.0 Gbos $620,000 $77.50 8.5 Gbnc::: $656,625 $77.25 9.0 Gbos $684,000 $76.00 9.5 Gbps $719,625 $75,75

10.0 Gbos $755,000 $75,50 v.10.01.08

Table 23: Class Of Service Option • Tiered T-1, T·3 and Burstable Se,vice • Monthly Service Fees

Discount· NIA Speed Class of Service Monthly Fee - List Price (w/ o

w/out Managed Router, including Managed Router Octlon Z, except as indicated}

56 Kbpst $225

128 Kbpst $225

256 Kbpst $225

384 Kbpst $225

512 Kbpst $225

768 Kbps $225

1024 Kbps• $225

1.5 Mbps $225 2xT~1 (3 Mbps) $225

JxT-1 (4,5 Mbps) $225

4xT-1 (6 Mbps) $225

5xT-1 (7,5 Mbps) $225

6xT-1 (9 Mbps) $225

7xT-1 (10.5 Mbps) $225

BxT-1 (12 Mbps) $225


10 Mbps

15 Mbps

20 Mbps

25 Mbps

30 Mbps

35 Mbps

40 Mbps

45 Mbps

155 Mbpst

(t) no real..t1me class available (:t") unmanaged only v.6.1.06

CSM101021131353

$825 $1,075 $1,325

$1,575

$1,825 $2,100 $2,350

$2,750 $2,750


eCRM ID 1-FEDXSE 1011 ts8616 igloo 2076744.001 TA EaMIS In-Region (2 - 200

ps_mis_all_no_security_svcs_20060528__gcsm.rtf

v.05/14/09

55


Table 24: Class Of Service Option - Flexible Bandwidth Billing Option -Monthly Service Fees Discount: N/A

Speed

Up to 1.5 Mbps

2.0 Mbps

2.01 - 3,0 Mbps

3.01. - 4.0 Mbps

4.01 - 5.0 Mbps

5.01 • 6.0 Mbps

6.01 -7.0 Mbps

7.01 - 8.0 Mbps

8.01 • 9,0 Mbps

9.01 to 10.0 Mbps

10.01 to 15.0 Mbps

15.01 · 20.0 Mbps

20.01 • 25.0 Mbps

25.01 • 30,0 Mbps

30.01 - 35.0 Mbps

35.01 - 40.0 Mbps

40.01 • 45.0 Mbps

45.01 - 155 Mbps

200 - 250 Mbps

300 - 350 Mbps

400 - 600 Mbps

622 Mbps

700 -1000 Mbps

1.5 Gbps

2.0 Gbps

2.5 Gbps

3.0 Gbps

3.5 Gbps

4.0 Gbps

4.5 Gbps

5.0 Gbps

5.5 Gbps

6.0 Gbps

6,5 Gbps

7.0 Gbps

7.SGbps

8.0 Gbps

8.5 Gbps

9.0 Gbps

9.5 Gbps

10.0 Gbps .. ~subJect to ava1!ab1hty

v.10.01.08

Undiscounted MIS w/ or w/out Managed Router Including Managed Router Option 2

Monthlv Service Fee • $225 .

$285

$360

$435

$510

$575

$640

$705

$765

$825

$1,075

$1,325

$1,575

$1,825

$2,100

$2,350

$2,750

$5,000

$5,400

$5,800

$6,200

$7,000

$7,800

$7,900

$8,000

$8,100

$8,200

$8,300

$8,400

$8,500

$8,600

$8,700

$8,800

$8,900

$9,000

$9,100

$9,200

$9,300

$9,400

$9,500

$9,600


CSM101021131353

Tabte 25: Class Of Service Option - Installation Fees

Discount: NIA · Class of Service Undiscounted Installation Fee v.2.3.06

Table 26: MtS+NCS Option (ICB Only)

Discount· N/A

$1,000

Feature Undiscounted Monthly Service Fee

MIS+ NCS Site License Fee (3 w\ MIS + NCS Site License Fee (5 vr\ MIS + NCS Tier 1 Sunoort

v.04.29.02

Table 27: MIS+ NCS Installation Fees (ICB Only) Discount· 0 0 °/o

Feature

MIS+ NCS Site Preparation Fee

v.2.3.06

MIS Onlv

$1,200

$1,050

$100

Undiscounted Installation Fee, List Price MIS

$2,500

AT&T and Customer Confidential Information Page10of12

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56


Table 28: MPLS PNT Feature

Discount·N/A

Access Method Speed

Private Line F.-actionaf T-1 Fractional T-1 (56K-156K - 768K)* 76BK\""'

Private Line Nx:T-1 Private Line NxT-1

(2 throuah 8) 13 Mb s-12 Mbos\ Private Line T1 T-1 1.54 Mbosl Private Line T3 2Mbps Hi-Cap Flex: T3 Private Line T3 3 Mbos HI-Cao Flex T3 Private Line T3 4MbDs HI-Cao Flex T3 Private Line T3 SMbns Hi-Cao Flex T3 Private Line T3 6Mbps Hi-Cap Flex T3) Private Line T3 7Mbos Hi-Cao Flex T3 Private Line T3 8Mbos Hi-Cao Flex T3 Private Line Tl 9 Mbos· Hi-Cap Flex T3 Private Line T3 10 Mbps (Hi-Cap Flex

TI) Private Line T3 15 Mbps (Hi Cap Flex T3

or Fractional T3) Private Line T3 20 Mbps {Hi-cap Flex T3,

or Fractional T3\ Private Line T3 25 Mbps(Hl-cap Flex T3,

or Fractional T3} Private Line T3 30 Mbps (Hi-cap Flex T3,

or Fractional T3\ Private Line T3 JS Mbps (Hi-cap Flex T3,

or Fractional T3l Private Line T3 40 Mbps (Hi-cap Flex T3,

or Fractional T3) Private Line T3 45 Mbps !Full T3) Private Line Tl 6-15 Mbps (Burstable

TI\ Private Line OC3 OC-3 (35-155 Mbps) Flat.

rate, Burstable, or HI-Cap flex

Private Line oc,12 (70-622 Mbps) OC12 Flat rate, HI-Cap Flex, or

Burstable • Private Line OC-48 (600-2500 Mbps)

OC48 Flat rate, Hi-Cap Flex or Burstable

Ethernet 512Kbps -1.5 Mbps Ethernet 2 • 15 MbDS Ethernet 15.01 ~ 45 Mbps Ethernet 45.01 -155 Mbps Ethernet 155,01 • 622 Mbps Ethernet 622.01 • 1000 Mbos

,... {1024K not available with MPLS PNT) v.10.12.07

Undlscounted Monthly Service

Fee MIS, MIS w/Managed Router,

and MISw/ Managed Router

Option 2

$200

$200 $200

$1,000 $1,000 $1,000 $1,000 uooo $1,000 $1,000 $1,000

$1,000

$1,000

$2,000

$2,000

$2,000

$2,000

$2,000 $2,000

$2,000

$5,000

$10,000 $20,000

$200 $1,000 $2,000 $5,000

$10,000 $20,000


CSM101021131353

Table 29: MPLS PNT UnlLink Feature

Discount· NIA Access Method Speed

T-t (1.54 Mbps) Private Line T -1 Burstab!e T1

2- 45 Mbps (Fial Rate, Hi-Cap Flex or

Private Line T-3 Burstable T3) OC-3 (35-155 Mbps) Flat rate, Burstabie,

Private line OC-3 or Hi-Cao flex OC-12 (70-622 Mbps) Flat rate, Hi-

Private Line OC- Cap Flex, or 12 Burstable Private Line OC· OC-48 48 Ethernet 512 Kbps - 1..5.

Mbns Ethernet 2 - 45 Mbps Ethernet 45.01-155 Mbos Ethernet 155.01--622 Mbos Ethernet 622.01-1000 Mbps

v.10.12.07

Table 30: Multicast Monthly Service Fee

NIA fMultiCast Monthly Service Fee

Table 31: MultiCast Installation

N/A IMultiCast Installation Fee

Section II: AT&T Business In a sor1.1

Undiscounted Monthly Service Fee MIS PNT and MIS PNT with Managed Router

$200

$2,000

$5,000

$10,000 $20,000

$200

$2,000 $5,000 $10,000 $20,000

ICB

ICB

Table 1: Service Component Replacement - Next Business Day Shipped (5x8) Monthly Charges

Discount· NIA Service Component/Device Undiscounted Monthly

Service Charge Base Unit 12 Port $50 Base Unit 24 Port $70 8 Port POE Add-On $30 24 Port POE Add-On $75 8 Port Ana!nn Module Add-On $35

v.5.14.09

Table 2: On-Site Maintenance (24X7X4) Monthly Charges

Discount· N/A Option Undiscounted Monthly

Service Charge Base Unit 12 Port $75


eCRM ID 1-FEDXSE


---·--·-------···----.. ··· -------- -- ..


v.05/14/09

57


Base Unit 24 Port $95 8 Port POE Add-On $35 24 Port POE Add-On $85 8 Port AnaloQ Module Add-On $40

v.5.14.09

Table 3: Life.Cycle Management Charges - Service Charges

Discount· N/A

Per Site I Per Occurrence Undiscounted Service Charge List during Standard Business Price Hours (Monday- Friday, 8:00 am• 5:00 pm, local time)

Move, Addition, Change to $260 Service Delete Service $500

v. 5.14.09

Table 4: Class Of Service Option -when ordered with AT&T BVolP Services only

Q~scount: mo% 'Class of Service Month_ ly Service Fee v.1.9.09

Section Ill: Additional Service Fees

Movina Fee (durinr:i hours) Additional Moving Fee (outside standard operating hours - 8:00 a.m. to 5:00 p.m. Mondav throuqh Fridav\

v.07101104

Section JV: Local Access Pricing

NPAI Location Access

$225

.

$1,000 n.c1r location Additional $500 per location

Local Local NXX Bandwidth Access Access

Non- Net Recurring Monthly Charge Recurring

Charge

772-770 Vero Beach,FL

10Mbps $0.00 $891.76


CSM101021131353


eCRM ID 1-FEDXSE


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v.05/14/09

58

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES CONSENT AGENDA ITEM- FINAL PAY

CONSENT AGENDA

DATE: DECEMBER 22, 2010

TO:

FROM:

PREPARED & STAFFED BY:

SUBJECT:

JOSEPHA. BAIRD, COUNTY AD~S~

W. ERIK OLSON - DIRECTOR OF Utrt1TY SERVICES

MIKE HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER GORDON E. SPARKS, P.E., ENVIRONMENTAL ENGINEER /4'£.5

FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR CONTINUING CONSULTING SERVICES FOR WORK ORDER NO. 10 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR 16TH STREET AND 66TH AVENUE WATER MAIN AND SEWER FORCE MAIN FACILITIES, UCPNO. 4023, WIPNO. 472-169000-09508

BACKGROUND AND ANALYSIS

The Board of County Commissioners (BCC) approved Work Order Number 10 from Schulke, Bittle & Stoddard, LLC for construction and administration services for a total amount of $22,000.00 on June 2, 2009. These services are now complete and Schulke, Bittle & Stoddard, LLC submitted Final Invoice number 09-048-11 for $975.00 on October 4, 2010 (See Attachment 1). The consultant has been paid a total of $20,044.92 to date, leaving $1,955.08 to fulfill the contract. Payment of Invoice No. 09-048-11 will bring the total amount of construction and administration services for Schulke, Bittle & Stoddard, LLC to $21,019.92. This is $980.08 less than approved by the BCC.

RECOMMENDATION

The staff of the Utilities Department recommends that the Board of County Commissioners approve the total amount of engineering services of $21,019.92 and approve Final Invoice number 09-048-11 for a total amount of $975.00 as presented. The payment of $975.00 to Schulke, Bittle & Stoddard, LLC will release the retainage and discharge the County's obligation to the Consultant.

59

FUNDING

Funding for final payment to Schulke, Bittle and Stoddard, LLC is available in the 16th Street Water Main and Force Main account in the Utilities Fund. Funds fbr this project are derived from capital fund. Capital fund revenues are generated frim impact fees.

ACCOUNT NUMBER ACCOUNT NAME AMOUNT . .

472-169000-09508 16th Street WM & FM $975.00

ATTACHMENTS

1. Final Invoice Number 09-048-11

APPROVED FOR AGENDA:

Indian River Co.

Administration

Utilities

Utilities

Legal

Budget

F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - 16th St. 16-inch WM from 66th Ave. to 74th Ave UCP 4023\Al - AGENDA Memo to Baird Final Pay Schulke December 22, 2010.doc

60

('.:\'7 jocEPH w. SCHULKE, P.E. JODAH B. BITTLE, P.E.

SCHULKE, BITTLE & STODDARD, L.L.C. WILUA!yl P. STODDARD, Ph.D., P.E.

CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING

September 30, 2010

m[E@[EOill[E~

IW OCT 04 2010 ~ 09-048- 11

Gib@~:g~I(~. Amanda Perron

A OCT 5 2010 k Indian River County Department of Utili 1801 27th Street

, v. c::f t:"~-----····· Vero Beach, FL 32960 .. , ; ... ----------

Re: Invoice for Engineering Services - Work Order # I 0, 16th Street & 66th A venue, Vero Beach, FL ·

Description of Services: 08/05/10-09/30/10 I. Project CE! review:

2.

3.

Obtain and review construction bid documents and permits, project costs, construction schedule, schedule of bid items; create and organize project management file; meet and coordinate with IRCDUS engineer, contractor and !RC Public works/ engineering staff, to discuss schedule, permit conditions and other misc. requirements. $ I ,500.00 - 100% Billed

Construction Administration: -Project management: The project manager shall be the primary liaison between the contractor and the IRCDUS engineer; schedule and attend meetings (Pre-construction, progress meetings, other as needed); review and approve materials and shop drawings; coordinate with contractor, engineer of record and inspector; review and process pay requests; review and process change orders; review as-built surveys for conformance with IRCDUS requirements; and coordinate contract close-out requirements with contractor and IRCDUS. -Inspections: The inspector and shall be the liaison between the contractor and the project manager, and secondary liaison with the contractor and IRCDUS engineer. The inspector(s) shall attend all utility related construction meetings, monitor materials used, pay items installed and daily completion of work; shall inspect the installation of the utilities for conformance with IRCDUS requirements, and witness required testing; perform final walk-thru /prepare punch list of discrepancies and coordinate the completion of same with the contractor; and assist project manager in the review of as-builts. $19,500.00 I 00% complete of $19,500.00 Less 95% previously billed

Reimbursables: $1,000.00 (estimated) Printing and Reprodnction

8 1/2" x 11" $ 0. 12/sheet Blue Line Prints $ 0.333/SF 11" x I 7'' $ 0.50/sheet Reproducible Sepias $ 0.75/SF 31/2" Diskette $ 2.00/each Reproducible Mylars $ 1.00/SF CD $ 4.00/each

Total Engineering:

Total Reimbursables:

$19,500.00 $18,525.00 $ 975.00

$ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00

0.00 lndion Rim (a. Ap~ Oat,

$

Director

Asst. Director

Engineer

Other l--l1/2

Total Amount Due:

Thank you for your business! I I .. //,, y,, lJ / rr'"', w

1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL [email protected]

$ 975.00

ATTACHMENT61

CONSENT: 1/11/11 'ttf qfia:of INDIAN RIVER COUNTY

ATTORNEY

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

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

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

William K. DeBraal, Deputy County Attorney

December 23, 2010

Appraisal Agreement with the Spivey Group, Inc. for Dorothy B. Walker Tract

Earlier this year the Board instructed staff to continue negotiations with Dorothy Walker, now known as, Dorothy D. Fronduto, owner of the parcel of property located at 5170 85th Street. The site is currently leased to 510 Motors on C. R. 510 adjacent to the railroad tracks on north side of the road. This parcel is approximately 5 acres in size and is needed for a stormwater pond for C.R. 510 in its expanded condition. The owners are represented by Raymer Maguire of Fixel, Maguire and Willis in Orlando.

Ms. Fronduto has expressed her willingness to sell the entire property to the County with a purchase price based on a mutually agreed upon appraiser. The parties have chosen the Spivey Group, Inc. to perform the appraisal that will form the basis of the purchase price. Attached you will find Mr. Spivey's price quote for the appraisal. As you can see, Mr. Spivey charges $150 per hour for principals, $125 per hour for associates and $95 per hour for research staff. No expert testimony is anticipated in this matter.

Recommendatiqn: Staff recommends approval of the retention of the Spivey Group, Inc. for the Fronduto appraisal and authorize staff to execute the agreement on behalf of the Board.

c: Raymer Maguire, Esq. Glenn Spivey, MAI

Indian R't\1-M Co.

Admln.

Legal

Bu ct get

Risk Mgr. - 62

THE SPIVEY GROUP, INC. REAL ESTATE APPRAISERS• CONSULTANTS• REALTORS

www.s·PIVEYGR0UP.C0M

NOV 2 9 2010

GLEN L. SPIVEY, MAI PRE:SIDENT November 24, 2010

TED HASTINGS Ill, MAI, SRA

VICE PRESIDENT ST. CERT, GEN. REA #0001388

Bill DeBraal Deputy County Attorney Indian River County 1801 27th Street Vero Beach, Florida 32960

·RE: Owner: Street: County:

Dear Mr. DeBraal:

Dorothy B. Fronduto & Jada W. Plante 85 th Street Indian River

ST. CERT. GEN. REA #0000041

This letter is intended to serve as an agreement for expert consulting and witness services with respect to the above referenced parcel.

This engagement will be compensated on a time and material basis. Under this agreement, Indian River County agrees to compensate the Spivey Group, Inc. at the following labor rates plus . reimbursable expenses: $150 per hour for principals with an MAI designation, $200 per hour for expert testimony, $125 per hour for associates, and $95 per hour for research staff. Invoices will be submitted by The Spivey Group, Inc. regularly to Indian River County, which agrees to pay approved invoices.

I hope this proposal is consistent with our. mutual understanding and satisfactory to you and Indian River County. If so, please execute the agreement below and return a copy to me for my files. If you have any questions or comments, please call me.

GS/jjs

RESPOND TO; fJ 1700 NORTH ORANGE AVENUE SUITE 100 ORLANDO, FL 32804 (407) 423-1430 OFFICE (407) 422-2237 FAX

I

Sincerely,

THE SPIVEY GROUP, INC.

Glen Spivey, MAI, President State Certified General Appraiser #0001388

~69 TEQUESTA DRIVE SUITE32E TEQUESTA, FL 33469 (561) 74B•t 151 OFFICE (561) 748-1152 FAX 63

THE FOREGOING HAS BEEN APPROVED AND CONSTITUTES A BINDING AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SPIVEY GROUP, INC.

INDIAN RIVER COUNTY, FLORIDA THE SPIVEY GROUP, INC.

By: --------BILL DeBRAAL Deputy

Date: ______ _ Date: //· ~~-✓ O

BCC approved: _____ _

64

amoebraal

From: Sent:

. To: Subject:

Hi Bill,

Glen Spivey [[email protected]] Wednesday, January 05, 2011 11 :26 AM Bill Debraal RE: Walker/Fronduto Appraisal

Sorry for the late response. Yes,our fee to complett: this appraisal will not exceed $6,900. Do you want me to amend my proposal and email to you?

This assignment will nofbe easy. This is a co~ercially zoned site with multiple improvements. Rentals and improved sales will be difficult to find. Thank you for the business and please give me a call if you want to discuss. Thanks,

Glen L. Spivey, MAI Th.e Spivey Group, Inc .. 169 Tequesta Drive, Suite 32E. Tequesta, FL 33469 "561~748.1151 V 561.748.1152 F

'

65

TO:

FROM:

CAROLE JEAN JoRDAN

Tax Collector

MEMORANDUM

Joseph A. J. Baird, County Administrator

Carole Jean Jordan, Tax Collector

SUBJECT: Consent Agenda Item

DATE: January 4, 2011

Please place the following on the Consent Agenda for the Board of County Commissioners meeting on Tuesday January 11, 2011.

Pursuant to Indian River County Ordinance 98-27, enclosed is the Surety Bond in the amount of $ I 00,000 required for Carole Jean Jordan as Indian River County Tax Collector.

If you need any further information or assistance, please feel free to contact me.

P.O. Box 1509. VERO BEACH, H. 32961-1509 PHONE: (772) 226-1338 • FAx: (772) 770-5009

www.lRCtax.com 66

\

PUBLIC OFFICIALS BOND

STATE OF FLORIDA County oflndian River Bond # 66048403

KNOW ALL MEN BY THESE PRESENTS, That We, Carole Jean Jordan, as principal, and AutoOwners Insurance Co. as surety, are held and firmly bound unto the Indian River County Board of County Commissioners, and their successors in office, in the sum of One Hundred Thousand ($100,000.) Dollars, lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals, and_ dated this 30th day of December, 2010, elected to hold the office of Tax Collector· for an additional term of two years to complete the four year term beginning on January 6, 2011, and until her successor is qualified according to the Constitution and laws of the State of Florida.

NOW, THEREFORE, if the said Carole Jean Jordan shall faithfully perform the duties of her said office, as provided by law, then this obligation will be void, else to be and remain in full force and virtue.

Sign!}ture of Licensed Resident Agent A 2-1So <f (.o

State Identification Number

Beckett E. Waddell, Licensed Agent

Bond Approved I - 3 - / I Date

Attorney-in-Fact Beckett E. Waddell

Chairman of Board of County Commissioners

County Commissioner

County Commissioner

County Commissioner

County Commissioner

67

DATE AND ATTACH TO ORIGINAL BOND

AUTO-OWNERS INSURANCE COMPANY LANSING, MICHIGAN

POWER OF ATTORNEY NO. 66048403

KNOW ALL MEN BY THESE PRESENTS: That the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN. a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted t~e following Resolution by the directors of the. Company_ on January 27, 1971, to wit:

"RESOLVED. That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee."

Does hereby constitute and appoint BECKETT E WADDELL

its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and the execution of such instrument(s) shall be as binding upon the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.

IN WITNESS WHEREOF, the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer

this 1st day of December, 2010.

Kenneth R. Schroeder, Senior Vice President

STATE OF MICHIGAN}S-s. COUNTY OF EATON

On this 1st day of December, 201Q before me personally came Kenneth R. Schroeder, to me known, who being duly sworn, did depose and say that they are Kenneth R. Schroeder, Senior Vice President of AUTO-OWNERS INSURANCE COMPANY, the corporation described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of Directors of said corporation.

My commission expires September 28, 2011,

STATE OF MICHIGAN }ss. COUNTY OF EATON

Michelle A. Bottum, Notary Public

I, the undersigned First Vice President, Secretary and General Counsel of AUTO-OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth are now in force. • ....... ~ .... , • ..,,,

,..-•·• ('SW$ • .,...,

Signed and sealed at Lansing, Michigan. Dated this 1st day of December, 201 o. /'~+~ .......... t-t.,,,),, $Q•·' •• •. ?.:\ !Of ....... \~\ iSi ~ea:{jn/ ;4\a, :P:: \ \ ....... $

>j '\)IC .... •• ·'*$ --, ,, '• ., ...... .,. . ., ~ •,,,.,, N:;:ING, 1'<~ ..,.,~~ ....................

Stuart R. Birn, First Vice President, Secretary and General Counsel

*This power of attorney is attached to bond number 66048403, issued to CAROLE JEAN JORDAN on January 3, 2011.

2940 (05-09) FL Print Date: 01/03/2011 Print Time: 16:40:30

68

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird, County Administrator

. Keating, AICP Community Development Director

THROUGH: Stan B~CP Planning Director

FROM: John McCoy, AICP A \iJ v,J\ Senior Planner, Curretifrlevelopment

DATE: December 13, 2010

/Ofll PUBLIC HEARING

(LEGISLATIVE)

SUBJECT: Pointe West of Vero Beach, Ltd.'s Request to Modify the Approved Planned Development (PD) Conceptual Plan for the Pointe West School Site (Tract M) [AA-11-02-15 / 200011008-66137)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 11, 2011.

DESCRIPTION AND CONDITIONS

At its March 9, 1999 meeting, the Board of County Commissioners (BCC) approved a Planned Development Traditional Neighborhood Design (PDTND) rezoning and conceptual PD plan for Pointe West. The overall Pointe West site is located between SR 60 and 8th Street, east of82nd Avenue and west of 66th Avenue (see attachment #2). That PD approval allowed development of I, 199 residential units, a golf course, an elementary school, a variety of commercial uses along SR 60 and in the Town Center, and some institutional uses.

Since then, the conceptual PD plan has been modified 3 times: on July 15, 2003, on January 8, 2008, and on August 8, 2008. While the 2003 change shifted some commercial building area within the project, modified some building setbacks and lot widths, and moved some residential units from the South Village to the East Village, the January 2008 changes increased total commercial building area within the project and reduced the number of residential units to 1,123. In August 2008, conceptual PD changes allowed greater commercial building area to be constructed along the site's SR60 frontage prior to construction of commercial buildings in Town Center, allowed gates for certain portions of the project (The Lakes at Pointe West ALF, The Polo Grounds), and provided more flexibility in allocating the commercial building area between the SR60 commercial area and the Town Center.

F:\Community Development\Users\CurDev\BCC\2011 BCC\Pointe West tract M mod staffreport.rtf I 69

In this instance, the applicant is proposing a limited and site-specific modification to the conceptual PD plan that affects the Pointe West school site (Tract M). At the request of the School District, the applicant is requesting that the current 200' building setback along the east property line of Tract M be changed to a 50' buffer. Since the 200' building setback was a specific condition of the original conceptual PD plan approval, the requested modification must go through the public hearing process.

Planning and Zoning Commission Action:

At its regular meeting of December 9, 2010, the Planning & Zoning Commission voted 6-0 to recommend approval of the proposed modifications to the conceptual PD plan.

The Board of County Commissioners is now to consider the proposed modifications to the conceptual PD plan and approve, approve with conditions, or deny the request.

ANALYSIS

When the conceptual PD plan was approved in 1999, the following school site condition was attached to that approval:

Prior to the issuance of a land development permit or permit waiver for Phase IA, the developer shall:

a. Enter into a binding agreement with the School Board which provides for the dedication of the 15 acre site ( as identified on the conceptual plan) to the School Board, with restrictions consistent with the conceptual plan, including a 200' building setback from the site's eastern boundary. The agreement shall provide for access rights, and drainage rights for the site. Through the agreement, the developer shall commit to accommodate drainage from 60% of the school site impervious area within the project's drainage system.

As structured, the current 200' setback requirement applies only to buildings and does not apply to school driveways, parking areas, or mechanical equipment ( e.g. chiller plant).

After the conceptual PD plan was approved, the developer entered into a real estate option agreement with the School District, giving the District the right to acquire the site at no cost between June 2, 2007 and June I, 2014. Under that agreement and consistent with the PD approval, the site will remain as green space for community recreation purposes if the site is not used by the School District during that window ( e.g. school constructed).

During the phase IA construction of Pointe West, Tract M was cleared and graded. At that time, the developer planted the buffer along the east property line of Tract M. Since then, the field has been used for a variety of community and recreation events, including polo matches and public events. In addition, the developer-installed buffer that runs along the east boundary of Tract M has matured.

F:\Community Dev:elopment\Users\CurDev\BCC\2011 BCC\Pointe West tract M mod staffreport.rtf 2 70

At the time of the 1999 approval, the School District had no specific plan or lay-out for a school facility on the subject site. Absent specific plans, the 200' building setback on the site's eastern boundary was established as a compatibility "place holder", and was intended to address potential impacts on the adjacent Westlake Estates single-family lots.

With the School District now planning to construct an elementary school on Tract M within the next few years, the District has developed a conceptual school lay-out that meets District needs. That design, however, does not work with the current 200' building setback, but does address compatibility issues through buffering and facility design.

In the past few months, School District staff has coordinated with the developer and county staff regarding the conceptual school lay-out and the 200' setback. Through that coordination process, county staff indicated that it would support reducing the building setback in exchange for a buffer area and facility lay-out that locates high traffic and parking areas away from Westlake Estates. Not only does the District's draft conceptual lay-out incorporate those trade-offs; the design also locates the school's chiller plant away from Westlake Estates. Recently, the developer met with the Westlake Estates Property Owners Association and Westlake Estates residents to discuss the proposed conceptual PD changes. At that time, the developer obtained Westlake's support for the PD modification and the District's conceptual lay-out (see attachment #4).

As proposed, the conceptual school lay-out preserves a 50' wide mature buffer along the east property line of Tract Mand adjacent to Westlake Estates. In addition, the conceptual lay-out uses building areas to provide a "shield" and greater separation between Westlake Estates and potential "nuisance" school elements such as the bus loop, major parking areas, and the chiller plant. In staffs opinion, the proposed PD modification and conceptual school lay-out provide better buffering for Westlake Estates than the existing 200' building setback.

The subject request will modify the conceptual PD plan and allow the District to move forward with its conceptual school lay-out. That lay-out will be reviewed under a special, separate staff-level approval process that is defined and governed by the public school planning interlocal agreement (ILA) that has been adopted by the County and the School District.

• Summary

Within the next few years, it appears that the School District will exercise its option to construct an elementary school on Tract Mat Pointe West. Based on the size and shape of Tract M, the current 200' building setback would require locating potential "nuisance" elements like the bus loop and major parking areas closer to Westlake Estates than the conceptual lay-out preferred by the District, county planning staff, and Westlake residents. To accommodate the preferred school lay-out, the applicant proposes to change the school site PD condition from a 200' building setback to a 50' buffer. This change is supported by staffbased on the benefits that can be achieved by the preferred lay-out.

F:\Community Development\Users\CurDev\BCC\201 I BCC\Pointe West tract M mod staffreport.rtf 3 71

RECOMMENDATION

Based on the above analysis, staff recommends that the Board of County Commissioners approve the conceptual PD plan modification to change the Pointe West school site PD condition from a 200' building setback to a 50' buffer.

Attachments:

1. Application 2. Location Map 3. Site Graphic 4, Letter from Adjacent Home Owners 5. Planning and Zoning Commission Minutes (Draft)

APPROVED AGENDA ITEM:

FOR:rd<4r J/,, i<OJ/

BY:

Indian River Co, Admin. Legal Budget

Dept. Risk Mgr.

F:\Community Development\Users\CurDev\BCC\2011 BCC\Pointe West tract M mod staffreport.rtf

Annroved

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Ii .A lY

Date //@ II I J ,10 I c:; 1 I 0 JJ,./1'; lu . •

4 72

ADMINISTRATIVE APPROVAL - (SPAD) APPLICATION FO

OWNER: (PRINT)

POINTE WEST OF VERO 8EACH1 LID NAME

1999 POINTE WEST DRIVE

ADDRESS VERO·BEACH FL 32966

CITY STATE ZIP <.JE_J 794-9912 PHONE

CHUCK@POINTE\1\/ESTFL0RIDA.COM

EMAIL CHUCK MECHLlNG

SIGNATIJRE.QF o=R OR AGENT

• ·SITEADDRESS: 764516THMAN0R

• SITE TAX JD/I (S): 333601000190000000D.4

AGENT: (PRINT)

ONSITE MANAGEMENT GROUP, INC.

NAME 1-999 POINTS wesr PBIVf

ADDRESS VERO BEACH Fl 32966

CITY STATE ZIP ( 772 ) 794-4577 PHONE

[email protected]

CONTACT'PERSON

• WNING: PD-TND CLUP:.----'M~·~1 __ _ FLOOD ZONE:._~X~-

AREA OF DEVELOPMENT: 14 +I-• TOTAL (GROSS) ACREAGE OF PARCEL: 600 +I-

• -PROPOSED CHANGES TO-EXJSTING-DEVELOPMENT-ffi' APPUCf)J}I f:)· A. NUMBEROFLOTS/UNITS: FROM NIA 'FO._· _N!=A--~ B. DENSITY: FROM NIA unitslacreTO NIA units/acre

• CHANGE OF USE PROPOSED (IF APPLICABLE): FROM: NIA .(SQ. FT,) OF _ ___.;.N;c.lA-'---------------'(USE) TO: NIA (SQ . .FT.) OF NIA \USE)

•• PLEASE FILL-OUT APPLICATION SUBMISSION CHECKLIST ON PAGE Ii ••

"A 100<:t FOROFJ'lf'(p1{'l11\IT'- .1L r.".'I \S PROJECTl.el/0()\ O_APPLICATION#_/,[) . ···- u.-i#:AA- f --fu-_

· Assigned Planner: .::f. {'{'t{.oL Approved By: __________ Date: ___ _

DEPARTMENT REVIEWS REQJnu;D BY PLANNER: (Project File#:, _________ _,_

_Dept of Health _Engineering _Fire _Planning _Traffic Engineering __ Utilities Approved:________ Disapproved: ________ Date of Action: ___ _

Comments:_--'--------------------~--------

F:\Coromuoity Development\U&eni\CurDcmApplication Forms\ndmin app1oval app only;DOC Revised Aprll 201:0 Pagel of2

ATTACHMENT 1 73

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ATTACHMENT 2 74

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ATTACHMENT 3 75

November 9, 2010

Stan Boling, AICP Director Planning Division Indian River County Community Development Department 1840 25th Street Vero Beach, Florida 32960

RE: Pointe West PUD Modification Building Setback Modification Tract M, Elementary School Site

Dear Mr. Boling:

This letter is to confirm that the Westlake Estates Property Owners Association including the three abutting residents to the elementary school site in Pointe West are in support of changing the 200 foot building setback from the east property line to 50 feet. Our support is based on the site being developed substantially in accordance with the plan prepared by Carter and Associates, Inc. labeled "Concept B 10-28-10" printed November 3, 2010.

Sincerely,

~ ,President "estlakeEstatesProperty Owners Association

Q ,

wner of Lot 10, Westlake Estat

MTACMMENT 4 76

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, December 9, 2010 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 2th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2010.

Present were members: Chairman Greg Smith, District 4 Appointee; Donna Keys, District 1 Appointee; Sam Zimmerman, District 2 Appointee; Jens Tripson, District 3 Appointee; Dr. David Cox and George Hamner, Members-atLarge.

Absent was Carol Johnson, non-voting School Board Liaison (excused).

Also present was IRC staff: Melissa Anderson, Assistant County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; and Terri Collins-Lister, Recording Secretary.

Call to Order and Pledge of Allegiance

Chairman Smith called the meeting to order and led all in the Pledge of Allegiance.

Approval of Minutes

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve the minutes of the meeting of October 28, 2010, as presented.

Items On Consent

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on any quasi-judicial items.

PZC/Unapproved 1 December 9, 2010 C:\Documents and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK23F4\PZ-120910.doc AlTlCHMENT 5-r?

Mr. Zimmerman felt it was a strange policy of the County to approve a plan at this time which would be locked into place until the year 2027, not knowing how someone may want something developed at a future time. Mr. Boling stated it was not unusual to approve plans for development over a long period of time and mentioned other projects which had been approved by the County long before being set into place. He indicated with a project the size of Lost Tree Preserve, the applicant would be looking at design changes maybe multiple times prior to the year 2027 in order to respond to market conditions.

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve staff's recommendation with the conditions outlined in staff's report.

Public Hearing

A. Pointe West School Site (Tract M): Request to modify the approved planned development PD conceptual plan for the Pointe West School Site (Tract M). Pointe West of Vero Beach, Ltd., Owner. Onsite Management Group, Inc., Agent. Located on the north side of 16th Street, immediately west of the Westlake Estates Subdivision. Zoning Classification: PD, Planned Development. Land Use Designation: M-1, Medium Density Residential (up to 8 units/acre). (AA-11-02-15/200011008-66137) [Legislative]

Mr. Boling reviewed the information contained in his memorandum dated November 19, 2010, a copy of which is on file in the Commission Office.

Ms. Keys raised a concern for the residents at West Lake Estates in regard to the buffer being reduced by 150 feet. Mr. Boling noted it was a 200 foot building setback requirement which applied only to buildings and did not apply to driveways, parking areas, or drop off loops. He continued that parking areas and drop off loops would be located on the other side of the building and away from the subdivision.

Chairman Smith briefly discussed the verbiage in the PD Conceptual Plan for the Pointe West School Site that indicated the developer shall commit to accommodate drainage from 60% of the school site impervious area within the project's drainage system.

Chairman Smith opened the public hearing at 7:44 p.m.

PZC/Unapproved 5 December 9, 2010 C:\Documents and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK23F4\PZ-12091 0.doc

A'l'TACHMENT n

Mr. James W. Herman, 7546 15th Lane, Vero Beach, questioned whether there was any type of buffering for sound contained in the PD plan. He felt the proposed bus pickup lane to be located on the south side would generate traffic on 16th Street. Mr. Boling stated the school site plan was not that far along, but he would get Mr. Herman's contact information and invite him to review the plan as it progressed.

Chairman Smith closed the public hearing at 7:47 p.m.

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve staff's recommendation with the conditions outlined in staff's report.

Commissioners Matters

Mr. Hamner presented Chairman Smith with a plaque for his service and leadership on P&Z and wished him well on his future endeavors.

Planning Matters

Mr. Boling stated that staff has enjoyed working with Chairman Smith on P&Z and wished him well.

Mr. Boling mentioned since the last P&Z meeting on October 28, 2010, the Palema Farm Special Exception Use for residential housing facility was approved by the BCC at their November 9, 2010 meeting.

Attorney's Matters

None.

Adjournment

Chairman Smith thanked staff and the P&Z Commission for recognizing him and stated he had enjoyed working with Mr. Keating and Mr. Boling and their staff as well as the P&Z Commission.

There being no further business, the meeting adjourned at 7:49 p.m.

PZC/Unapproved 6 December 9, 2010 C:\Documents and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK23F4\PZ-12091 0.doc

ATTACNME~ g 1

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES

BOARD MEMORANDUM

DECEMBER 29, 2010

JOSEPH A. BAIRD, COUNTY ADMINISTRATOR fk JASON BROWN, DIRECTOR OF MANAGEMENT AND BUDt,

JERRYDAVIS,PURCHASINGMANAGER ~ , -,;~

ERIK OLSON, DIRECTOR OF UTILITY SERVICES ~yApproval of Bid Award for IRC Bid No. 2011022 Barrier Island Reuse Water System Improvements & SR 510 Reuse Water System Improvements Construction Contract Recommendation of Award

In February of 2006, the Board of County Commissioners (BCC) approved a work order for the Consulting Firm, Brown and Caldwell, to develop a Countywide Reuse Master Plan. This plan envisioned connecting the Reuse infrastructure for the three Regional Wastewater plants such that new Reuse users would be maximized. This process focused on extending Reuse to the northern service area that would, for the first time, include the Barrier Island.

In April 8, 2008, the BCC approved a Work Order No.12 with the Consulting firm Masteller and Moler (M&M) that would, through in three phases, implement the County's Reuse Master Plan. The first phase of this work involved the design and construction of: 1) A Reuse transmission line along the Lateral G canal between the Central Wastewater plant and 77th Street, 2) A 3 million gallon (3 MG) Reuse storage tank and pump station and 3) Transmission system piping and upgrades between the Reuse tank and Al-A along CR 510. The first phase along the Lateral G canal is now complete. The second phase, the Tank and pump station, is under construction with Summit contractors of Vero Beach being the contractor.

The third phase, as approved in Work Order No. 12 with M & M, was originally estimated to cost $929,900 a more recent budget estimate by the Consulting Engineer was $880,000 for phase 3.

The Utilities Department has requested the solicitation of competitive sealed bids for the Barrier Island Reuse Water System Improvements & SR 510 Reuse Water System Improvements Construction Contract Recommendation of Award.

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

December 15, 2010 at 2:00 pm October 15, 2010 Six Hundred Eighty Nine ( 689) Vendors Twenty Two (22) Vendors Six ( 6) Vendors

F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Gloria Jenkins\Agenda - BID AWARD FOR REUSE.doc

80

BID TABULATION:

Parker and Son, Inc. Atmore,AL DISQUALIFIED * Timothy Rose Contracting, Inc. Vero Beach, FL Melvin Bush Construction, Inc. Port St. Lucie, FL T B Landmark Construction, Inc. Jacksonville, FL Cornerstone Businesses, Inc. Zephyrhills, FL Masci Corporation Port Orange, FL

* Parker and Son, Inc. DISQUALIFIED - No Bid Bond, No Disclosure, No Addendum

ENGINEER;S ESTIMATE: $880,000.00

TOTAL AMOUNT OF BID: $802,251.50

SOURCE OF FUNDS: $802,251.50 from account #472, 169000-,09505 (NCRO Brine/CR510 FM to Reuse)

RECOMMENDATION:

Staff recommends awarding this bid as follows:

$802,521.50 $881,942.11 $927,963.19

$1,051,942.65 $1,132,782.75

A ward to Timothy Rose Construction, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form Sample Agreement

APPROVED AGENDA ITEM

BY:

FOR: b I

F:\Utilities\UTJLITY - EMPLOYEE FOLDERS\Gloria Jenkins\Agenda - BID AW ARD FOR REUSE.doc

Indian River Co Date

Admin

Legal

Budget

81

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INDIAN RIVER COUNTY•[)! ~.ii ~iYER COUNTY Deoartment ofUtilitv Services f' ,: 7' c: H :. •_;: ''

3 01 v1510 H

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Memo To: Jerry Davis, Manager, Purchasing Division

From: L.R Brown, P.E., Environmental Engineer ;:e:f> Tbru: Mike Hotchkiss, P.E., Capital Projects Manager ~ CC: W. Erik Olson, Utilities Director ~ ~ Date: December 22, 2010

Re: Bid Award Recommendation for Bid No. 2011022 Barrier Island Reuse Water System 472-169000-09505 UCP-4021

On Wednesday, December 15, 2010, six (6) Bids were received and opened at 2:00 PM for the above referenced project.

I have attached the Bid Tabulation Sheet prepared during the bid opening from which these figures were obtained. Also attached is the Engineers recommendation for the responsible low bidder.

The Engineer's estimate for construction is $880,000; the low bid Timothy Rose Construction, Inc. for $802,251.50 is $77,748.50 less than the budgeted Project. Therefore, I recommend that the bid be awarded to the low responsive, responsible bidder, Timothy Rose Construction, Inc. Vero Beach, Florida for $802,251.50. A sample contract has been prepared and is attached to this memo for pre-approval (in form) by the BCC in awarding the project.

LRB:lrb

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82

MASTELLER & MOLER, INC. ~ CIVIL ENGINEERS ~

December 22, 2010

Mr. W. Erik Olson Utilities Director Indian River County Department of Utility Services 1801 27th Street Vero Beach, Florida 32960

DEC 2 2 1·,;13· : 'ii L '-'' t!./

By

RE: Barrier Island Reuse Water System Improvements & S.R. 51 O Reuse Water System Improvements Construction Contract Recommendation of Award IRC Project# UCP # 2747 Bid No. 2011022 Our File# 0831/0770

Dear Erik:

Bids for the referenced project were received and opened on December 15, 2010 at 2:00 p.m. Six (6) General Contractors submitted bids, which varied from a low of $802,521.50 to a high of $1,132,782.75

.

A bid submitted by Parker & Son, Inc of Atmore, Alabama was determined to be incomplete and was disqualified by the Purchasing Division. Of the remaining five (5) qualified complete bids Timothy Rose Construction, Inc. of Vero Beach, Florida was determined to be the apparent low bidder.

We have reviewed the two (2) apparent low bids, checked the line item versus bid amounts, and found the lowest bidder's information to be complete and in order. The two (2) apparent low bids are summarized as follows:

Name & Location

1. Timothy Rose Construction, Inc. (Vero Beach, FL)

2. Melvin Bush Construction, Inc. (Port St. Lucie, FL)

Base Bid

$802,251.50

$881,541.71

Bid Package

Complete

Complete

Timothy Rose Construction, Inc. has successfully completed utilities projects for Indian River County, including "Vero Lake Estates Water Main - Phase II." The company and its qualifications are therefore known to IRCDUS staff.

We contacted the following references listed on Timothy Rose Construction, Inc's Bidder's Qualifications Statement as contacts for past or current projects: Brad Schuh, Summit Construction; Jason Fykes, Barth Construction; and Dallas Jenkins, City of Vero Beach. We received positive feedback from the references; all of whom stated they would use Timothy Rose Construction, Inc. on future projects.

Based on our discussion with the references and your Department's familiarity with the firm, we are satisfied that Timothy Rose Construction, Inc. is qualified and capable of successfully undertaking this project. Contingent upon approval of their bid package by the County Attorney, we hereby recommend

I

1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (J72) 567-5300 • Fax: (772) 794-1106

[email protected] 83

Mr. W. Erik Olson 12/22/2010 Page 2 of2

awarding the contract for Indian River County Bid #2011022 to Timothy Rose Construction, Inc. of Vero Beach, Florida.

Enclosed are the Contractor's Bids for your use, information, and file. Please do not hesitate to contact me if you have any questions or comments.

Sincerely, MASTELLER & MOLER, INC.

;,!:fz;. Senior Project Engineer

JMB/cab cc: Mike Hotchkiss, P.E. - Utilities

Lany Brown, P.E. - Utilities

File #0831/0770 (IRC_award recommendation_ 10-1221.doc)

INDIAN RIVER COUNTY PURCHASING DIVISION

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

BID TABULATION

Bid,Opelling Date:

1:~::PM December 15_,_2010

Bid No.: Deparhnent:

2011022 Utilities

Bid.Title:

Barrier Island Reuse Water Main Improvements & S.R. 510 Reuse Water System Improvements

:..,..__ _=.,.......;:~ ~--~

Bid Form

Bid Bond

Trench Safety

Disclosure

Addendum No. 1

Witness: Ralph Buron

Witness: Maeghan McLaughlin

y y y y y y

y y y N y y

y y y y y y

y y y N y y

y y y N y y c;.0,,. •-· ·y_ C"C-'. .. "· ,t>-Y -,>\: <7, PC'.~ \ .• "10''.,S.M: ._ .,._.~, ~ , ;<c~---·•,·,--,e,v:.,r0.c"C'.~. -~-- _. · Wb~ .~'.0 ~• ~7W' -:· J, ·, '"'.'« • -~~---c~vrr> .,. --,y,. ,.,.,R_..,_=.;,,'Se,C,;, f,~ ,~<-> , __ q_c; .,.) ,-,, -.,;..,,-.; ½, ''•d'"? -~-"·•···c%C c,);<.<cf',,".' , ".>.f•·-"':• ,,-.-_-.' ,y,,-,.. ,,._ ·;yzp.;,>\~-~< ~0"-<:!" -~ / ,-..cy <,V7"/ ,_,,..._.,,;Y_,W,I

Total Construction Cost Hid

$927,963.19 $1,132,782.75 $1,051,942.65 I DISQUALIFIED * $881,942.11 $802,521.50

-""..,f"""'-d,"-'""-"-7"~'¥""'"-,C~,Y-C~•:\J'.•~,,.,,,,, ___ ..,.,«-,-,,.,.,,_~,,;c-',h(<SC.<''<'·"''"''':-""°'""hF3-Y<-«~~~,,.\•0 >'-"~l'"1.'~""~"1'"..,.=""'"""'·~-Jo."---'""'.\..'"'.0.3'.;cY;c.,,-:.;cS:,,i•.'',c\,,(1f'~~,-:.C-'--'"'-'""""·'•""''"'="-'""'·~'"""-"""""""'""'-='="'-''""'"--"-"-~• ,,,,,.,,_~,,.=--•--.r--''-""'""'""'""·"""'""'""':'/S-¥•"-'S\;~',',\,c'-_.,,,,,,,~, .. -.""''""''',':s.'4'<'f,=",•"""C·e<·.$r,l",=,>,=;,~}?'Sc>'4+f"•"H.'-i~:1:'-Y"-',/t~,,__,,___..,,,_~-,,;-•~"'."

COMMENTS, * Parker and Son, J,u; __ [!ISQUALIFIED-No Bid-Bond, No SignedJJiS~l<!_~u~,_ No Addendum

00 c.n

i i

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• • ii

• • II

• • • •

Indian River County Department of Utilities SCHEDULE OF BID ITEMS

(Company Name)

Project: Barrier Island Reuse Water Main Improvements & S.R. 51 0 Reuse Water System Improvements Indian River County Bid No. 2011022 -UCP # 2747

Bid Item Bid Item Description Quantity

Unit of Unit Price Total Price

No. Measure

.A ... · ijarr/¢rf~Ia_n</..II1111i;ll•Wat~r.l'!ainelmpr<!X¢mepl!J; ,, ,·>-.", ,·, ,., ~,.:•:.: .... \:; ;~,.: .. , le·., ... ··-·._-.:.·.-:.·,;·,·,.; .. -... · .... .,.,:,•.;. rt: ;:,if~~·"Hf1iE;.:~ 1 Brine Main Flushing & Cleaning 1 LS

2 Wastewater Main Flushing & Cleaning 1 LS I 6/lftf':i, - j J_I I /45°..c,o 3 Potable Water Main Flushing & Cleaning 1 LS • J L" ~ tx).c-0 Ll.'d OD. Cl!,

4 Reuse / Brine Main Connection Detail A 1 LS i1Cf/S oO "(i:.t/5,c>O 5 Brine / Wastewater Connection Detail B 1 LS /6 3'1'5,oo ; _.,• ,,,-, 5, c--C,,

6 Brine / Potable Water Connection Detail C 1 LS )/_ J ,.,,_ - ·, /_ J'Jt,. oo 7 Remove Ex. Brine Main Bridge 1 1 LS

~,...,._,___ .U• (o 5DO.OO

8 Remove Ex. Brine Main Bridge 2 1 LS C "OO.{YD -~ ;:;oo.bo 9 Remove Ex. Water Main Bridge 1 1 LS L •C/rY!.bO lf qoo-oo

10 Abandon Ex. Brine Main (In-Place) 875 LF 'I.,. oCJ 5.::/.50, DO

11 Abandon Ex. Wastewater Main (In-Place) 800 LF 5.li 5 d,.r,0 .~

Subtotal - A. BARRIER ISLAND =~ {O~(pP,h.aD

,/.:~_:13;. ... i);;. §B.1#0,[email protected]~P.f§.•;;,,,;,, -.. ... ,. •·. .. .... . .,., __

12 Reuse Connectfon Detail 1 1 LS D 150, ()P / ;,._ , c 0 • 0 o 13 Reuse Connection Detail 2 1 LS -.,),':", 11u,, 0 ::, ,,.,i::; ., •• ,.,.co -14 Reuse Connection Detail 3 1 LS ~?~ ---,rJ.~C ;;j"' 50,.,,0,,:, 15 Construct 16" PVC Reuse Main 2,270 LF J:z .oo 9, /- 10. 00 ·.16 Construct 12" PVC Reuse Main 300 LF .:2"'1. bo ' .'7OO,F>'> 17 16" Gate Valve & Box 6 EA ,=:,...-, D bO 3 3"'0, OD •18 12" Gate Valve & Box 1 EA •'7. l"J00.,1-""- ..., '700.00

19 8" Gate Valve & Box 2 EA &oo.= 3 ";;,o.oo 20 18" H.D.P.E. Directional Boring 2,275 LF [5(;.co ?.,(.j{ ;J. so. 00 21 Air Release Valves (4" Stainless Steel) 3 EA (,..Qt;C,PO ::20. >Joo. vo

Subtotal - B. SR 510 • C0,'7 I '1-,, I. co I

-,;f;i~,;·.•,~,~,~ Ji!=Nf:BA':,!J~C :,, .. A:--:.· '·_;i,'0;,;.;;./\!-:,\c.;;~;,g;~ -;:);'. '· ··i. -~;-{; r .. jt{'.:.•",,,fu ~ ...... I·.-_·-·-- c.,·.,. ... . .. ..

22 Maintenance and Control of Traffic 1 LS tl 50D,Do lL £ oo , co 23 Erosion & Sediment Control 1 LS .'.:!- Seo. C-0 5 8 "''• 00 24 Pavement Restoration (Open Cut) 380 LF ?.,C, 00 /J t.100- CV

25 Grassing (Sod) 3,300 LF 3,.',0 l~.S'7o,.!l'.> 26 Pavement Overlay 315 SY i3,tv:> Li- 0 q "• e>O 27 Project Record Documents & As-Built Survey 1 LS '"'T(.,,00,00 IL'/...oo. OD

Subtotal - C. GENERAL = U7,--:J {:,5, c:0

SUBTOTAL OF A, B & C =I '1/'7. 5,:::,,_5: CC

.P-..... M.01;1(1,./:z:ATIQtl , . ,-.,, .. ··;'·, ,::,-1;..;;-.. : 7 •·-' ;., ··.~··'; ... " '>-•.;:·) ··-"' .., . ., ..... --·--·~.;"·, ·-·-- ,;-·~,:·,· ·-. ·-.·''•-·· "·.- .. ,.,,,.

28 Mobilization (See Section 01025) 1 LS I /? CCO.a:;?

SUBTOTAL A, B, C, & D = '7:(_Y 56$,n

E .. CONTIN.GEN.CIES, . .• ,.J ~ :' ... . I . .... ,_.:",; ,.· . -.-· . =:•,'- . . .,.,-.... . . . -·, 29 Contingencies (10% of A, B, C, & D - See Section 1025) 1 LS ;f::::?.'1'>6,'::JO

TOTAL CONSTRUCTION COST BID=, 4,();J ½2_/, '5C

Basis of award shall be as described in Section 00100 .

00300 Bid Fonn Combined.xis 00300-5

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SECTION 00530 - EJCDC

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT ("Agreement" or "Contract"), dated the_ day of ________ in the year 20_ by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and __________ .(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the. necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows:

A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following.

a. BARRIER ISLAND REUSE WATER SYSTEM IMPROVEMENTS

Indian River County (IRC) proposes to convert 14,500 LF of existing 16" brine main, 9,100 LF of 12" wastewater force main and 8,000 LF of 12" potable water main into reuse water mains. The project involves cleaning and flushing of the mains and various connections. Portions of existing mains will also need to be abandoned. The work will be completed within Indian River County's 77'h Street right-of-way and within FDOT's State Road 51 O right-of-way. The contents of the existing brine, potable water, and wastewater mains are to be properly disposed of under this project. Following conversion, the west end of the brine main is to be connected to a reuse main (to be constructed by others) at the Indian River County 3.0 MG reuse water storage tank site. The east end of the converted brine line is to be connected to the west ends of converted potable water and wastewater mains near the west shoreline of the Indian River along State Highway 510.

b. S.R. 510 REUSE WATER SYSTEM IMPROVEMENTS

Indian River County (IRC) proposes to construct a 16" reuse main within the State Road 510 (SR 510) right-of-way from approximately the east end of the Wabasso (inter-coastal waterway) Bridge to State Road A-1-A, a distance of approximately 4,950 linear feet. Approximately 2,650 linear feet of this project will be constructed using the conventional open trench pipe installation method and the remaining approximately 2,300 linear feet will be constructed using the trenchless horizontal directional drill method. The proposed 16" reuse main will be constructed along the north side of SR 510.

The project consists of, but is not limited to: utilities exploration, coordination with permitting agencies, clearing and grubbing, trenching, dewatering, removal and grouting of existing pipe, installation of pipe with fittings and all appurtenances; valves, wet taps, pipe joint restrainers, air release valves, directional bores, soil compaction, testing, restoration of both paved and non-paved areas (including landscaping), and traffic control.

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B. The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A-1-094 of the Florida Administrative Code. The contractor will be responsible for preparing the purchase documents for purchasing by the owner. The contractor will be responsible for scheduling, receiving, handling, and storage of all direct purchase material and equipment.

ARTICLE 2 ENGINEER

The project has been designed by Masteller & Moler, Inc., hereinafter called ENGINEER, and who is to 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 completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME

3.1 The CONTRACTOR shall be substantially completed with the following timeframe

(a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks:

1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to

be utilized in the job. 3. Perform all photographic recording and documentation of conditions

prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating

construction.

(b) From 16 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer.

Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion.

(c) From 121 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures.

3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion.

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3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the esse'nce of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Four Hundred Fifty Dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 Completion.

3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above-stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this Agreement.

3.3.2. In addition to the above-stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for all casts incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later.

ARTICLE 4 CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of,,___ __________ _

4.2 Any direct purchase material and equipment will be ded.ucted from the lump sum price specified in Article 4, 4.1 plus all applicable sales tax.

ARTICLE 5 PAYMENT PROCEDURES

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.

5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as

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OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents.

5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8}(d}, the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, 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.

5.3 Paragraphs 5.1 and 5.2 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 granter 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.

5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER ·will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment.

5.5 Acceptance of Final Payment as Release. 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 specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

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ARTICLE 6 INTEREST

Not Applicable.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work.

7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely.

7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes.

7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions.

7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

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ARTICLE 8 · CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following:

8.1

8.2

8.3

8.4

8.5

8.6

8.7

8.8

This Agreement (Section 00530).

Public Construction Bonds (Section 00610).

Notice of Award and Notice to Proceed (examples in Section 00800).

General Conditions (Section 00700).

Supplementary Conditions (Section 00800).

Specifications bearing the title "Barrier Island Reuse Water Main Improvements & S.R. 510 Reuse Water Main Improvements" as listed in the table of contents hereof.

Drawings, inclusive with each sheet bearing the following general title "Barrier Island Reuse Water Main Improvements & S.R. 510 Reuse Water Main Improvements."

Addenda numbers ____ to ___ _, inclusive.

8.9 CONTRACTOR'S Bid (Section 00300).

8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, JULY 2009", or the latest version thereof.

8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions.

ARTICLE 9 MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto.

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9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder.

9.5 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.

9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and_ hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence.

9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement.

9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement.

9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

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IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above.

This Agreement will be .effective on ___________ _

OWNER Indian River County Board of County Commissioners

By: _____________ _ Bob Solari, Chairman

Attest: J. K. Barton, Clerk of the Circuit Court

By:. ____________ _

Deputy Clerk

Approved By:

Joseph A. Baird, County Administrator

County Attorney

Address for giving notices 1801 27th Street

Vero Beach Florida 32960

CONTRACTOR

By: _____________ _

(CORPORATE SEAL) Attest: _____________ _

Address for giving notices

License No. ___________ _

Agent for service of process:

*END OF SECTION*

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JSJ31

Date:

To:

From:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

December 27, 2010

Prepared By:

Subject:

Joseph A. Baird, County Administrator ,, , /

W. Erik Olson, Director of Utility Services~ 'fl/ Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ']::). 'r'l-1.

Amendment No. 1 to Work Order No. 13 to Camp Dresser & McKee Inc.

BACKGROUND:

(CDM) for Engineering Services with the 2011 Annual Compliance Monitoring and Reporting

The Solid Waste Disposal District (SWDD} landfill operation is a highly regulated activity, which . requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third party professional engineer. This agenda item requests authorization to engage the engineering firm of Camp Dresser & Mcl<ee, Inc. (CDM} to prepare and seal the following reports:

1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site and the quality of the leachate generated by the Class I landfill in accordance with the site's landfill permits; Quarterly contamination evaluation monitoring and reports related to the C-5 canal water quality are also included this fiscal year.

2. Annual reports required by the site Title V air quality permit including the annual operating report and the flare emission testing report;

In addition, SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operation.

ANALYSIS:

CDM has prepared Amendment No. 1 to Work Order No. 13, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule fcir each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees.

SWDD Agenda -Amendment No 1 to WO No 13 CDM 2011 Annual Permit Compliance Monitoring & Reporting Page 1 95

TASK\ " ::;:.=-/:..' ::' i>oESCRIPTiolli\.: Y>.•. :< .:~- . :., ... DUE.DATE AMOUNT ··.::; ..

' -::::;,;::·: ,':•:-.····· . ••,•··-:,,., ... -.. ;·i::---··

Taskl Project Quallty Management 1/1/11-12/31/11 $19,020

Task2 Semi-Annual Sampling & Reporting January 2011

$35,867 Annual Compliance Sampling & Reporting July2011

Visible Emissions Testing 4/30/11 -$12,770 Task3

Title V Permit Compliance Monitoring 9/1/11

Task4 General Technical Assistance 1/1/11-12/31/11 $10,170

Tasl< s Quarterly Sampling & Reporting January, April, July, & $43,470

October 2011

TOTAL (Lump Sum) = $121,297

The costs above are consistent with what SWDD has paid historically for these services with the exception of Task 5 which has been added this year due to the ongoing assessment of the C-5 canal. Specifically,Tasks 1 through 4 approved via Work Order No. 13 o• lanuary 12, 2010 totaled $77,827 which is the same costs for fiscal year 2010/2011. The above cost include outside professional services in the amount of $19,717 for groundwater sampling services and annual visible emission testing.

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve Amendment No. 1 to Work Order No. 13 with CDM in the amount of $121,297 to provide engineering services related to the 2011 Annual Permit Compliance Monitoring and Reporting.

b) Authorize the Chairman to execute the same, as presented.

ACCOUNT INFORMATION:

Funding for the 2011 Annual Permit Compliance Monitoring and Reporting is budgeted and available in the Engineering Services account in the SWDD Landfill Fund.

Description · -... ·.\ S Atcount_No> .. •.·• Amount

Engineering Services 41121734-033130 $121,297

ATTACHMENT:

1) Amendment No. 1 to Work Order No. 13-CDM (12 Pages)

APPROVED FOR AGENDA: Indian River Co. Approved Dnte

Administration

SWDD Director

Budget

Legal

Date

SWDD Agenda .. Amendment No 1 to WO No 13 COM 2011 Annual Permit Compliance Monitoring & Reporting Page 2 96

AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 13

This Amendment 1 to Work Order Number 13 is entered into as of this __ day of ----~ 2010 ("Effective Date") pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 10, 2004, and amended effective July 24, 2007 (as so amended, the "Agreement"), by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("District") and Camp Dresser & McKee Inc. ("Consultant").

1. The District has selected the Consultant to perform the professional services set forth in existing Work Order Number 13, Effective Date January 12, 2010:

2. The District and the Consultant desire to amend this Work Order as set forth on Exhibit A attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B and within the timeframe more particularly set forth in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement.

3. From and after the Effective Date- of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Work Order as of the date first written above.

CONSULTANT:

Title: Principal

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By __________ _

Chairman

Attest: J.K. Barton, Clerk of Court

By __________ _

Deputy Clerk

al sufficiency:

Assistant County Attorney

jl3028 Amendment No. 1.doc 97

EXHIBIT A

SCOPE OF PROFESSIONAL SERVICES

AMENDMENT NO. 1

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR

ANNUAL PERMIT COMPLIANCE MONITORING AND REPORTING WORK ORDER NO. 13

BACKGROUND Semi-annual reports of groundwater and leachate quality at the Indian River County (!RC) Solid Waste Disposal District (SWDD) Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, F.A.C. and the Monitoring Plan Implementation Schedule (MPIS) of Permit No. SO31-0128769-018. Water levels are measured and samples of groundwater, surface water, and leachate are collected by IRC SWDD staff in January and July in accordance with MPIS. Semi-annual monitoring reports will be required in calendar year 2011.

Semi-annual sampling of the 27 Oass I landfill groundwater monitor wells and 6 construction and demolition (C&D) debris landfill groundwater monitor wells shall be coHected in January and July for the list of Semi-Annual Ground Water Parameters on Attachment D and Attachment E of the MPIS, respectively, included in Permit No. SO31-0128769-018. CDM understands that a draft of Permit Nos. SC31-0128769-019 and SO31-0128769-020 are currently being reviewed by IRC SWDD. Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos. SC31-0128769-019 and SO31-0128769-020 are not included this Scope of Services. Samples from the two surface water sites shall be collected semi-annually in January and July and analyzed for the list of Semi-Annual Surface Water Parameters presented as Attachment G of the MPIS. Leachate shall be sampled annually from the leachate monitoring site (L-1) and analyzed for the list of Annual Leachate Parameters presented as Attachment Hof the MPIS included in Permit No. SO31-0128769-018. Camp Dresser & McKee Inc. (CDM) will assist IRC SWDD Staff with the field sampling activities and the analytical testing will be conducted by Environmental Conservation Laboratories (ENCO), the analytical laboratory contracted with IRC SWDD. The results of the annual and semi-annual water quality monitoring events are to be reported to FDEP within 60 days of receipt of analysis from the laboratory.

The IRC Landfill also operates under a Title V permit (Permit No. 0610015-003-A V) issued on August 2, 2007, which contains monitoring and reporting requirements related to the landfill gas collection and control system. IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEP A), Region 4:

• Annual Statement of Compliance (within 60 days after the end of the calendar year); • Annual Operating Report (on or before April 1 of the following year); and • Results of an annual flare visible emissions test (within 45 days of testing).

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Amendment No. 1 includes the following Scope of Services to assist IRC SWDD with meeting the requirements for the following during 2011:

• Project Quality Management • Annual and semi-annual water quality reporting, • Title V reporting, • General Technical and miscellaneous permit compliance monitoring and reporting • Quarterly Contamination Evolution Monitoring

SCOPE OF SERVICES

CDM will undertake the annual permit compliance monitoring and reporting, which will include the following tasks:

Task 1: Project Quality Management Task 2: Annual and Semi-Annual Sampling and Reporting Task 3: Title V Permit Compliance and Reporting; and Task 4: General Technical and Miscellaneous Permit Compliance Reporting Task 5: Quarterly Contamination Evaluation Monitoring

TASK 1.0 -PROJECT QUALITY MANAGEMENT

Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CDM' s standards and IRC SWDD's expectations.

CDM will meet with IRC SWDD staff monthly for project planning and coordination. CDM' s project manager will prepare and submit monthly status reports and attend status reporting meetings throughout the life of the project. It is estimated that meetings will be held on the average pf once a month. Preparation of invoices and project administration will also be performed under this task

TASK 2.0 -ANNUAL AND SEMI-ANNUAL SAMPLING AND REPORTING

CDM will assist IRC SWDD with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CDM will perform the field testing, sample collection, and water-level measurements. CDM will contract with Ideal Tech Service Inc. (ITS) to perform the groundwater, surface water, and leachate sampling. COM/ITS will perform the semi-annual (January and July) sampling of the 27 Class I landfill groundwater monitor wells and 6 construction and demolition (C&D) debris landfill groundwater monitor wells (33 total wells) for the list of Semi-Annual Ground Water Parameters on Attachment D and Attachment E of the MPIS, respectively, included in Permit No. S031-0128769-018. COM understands that a draft of Permit Nos. SC31-0128769-019 and SO31-0128769-020 are currently being reviewed by IRC SWDD. Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos. SC31-0128769-019 and S031-0128769-020 are not included this Scope of Services. A cost proposal for supervision of the well installation, sampling, and reporting required for the new, replacement, or redesignated groundwater monitor wells will be provided upon request. CDM/ITS will collect water level data for the

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groundwater monitor wells and staff gauge prior to the sampling event. CDM/ITS will also perform semi-annual Ganuary and July) sampling of the two surface water sites for analysis of the list of Semi-Annual Surface Water Parameters presented as Attachment G of the MPIS (Permit No. SO31-0128769-018) and annual leachate sampling from the leachate monitoring site for analysis of the list of Annual Leachate Parameters presented as Attachment H of the MPIS (Permit No. SO31-0128769-018). Sampling of new leachate monitoring sites required by Permit Nos. SC31-0128769-019_ and SO31-0128769-020 are not included this Scope of Services. It is estimated that data collection and sampling will take four days to complete per sampling event. In the eventthat FDEP requires resampling of groundwater monitoring wells, the labor and materials will be invoiced under Task 4 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, IRC will not be invoiced. CDM/ITS will deliver the samples to the ENCO Orlando office for analysis.

ENCO will perform the laboratory analysis under IRC SWDD' s contract. CDM will assist IRC SWDD in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports.

CDM will prepare two semi-annual reports that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by IRC SWDD to analyze samples. Services included in preparing the semi-annual reports include:

• Review of laboratory result with respect to FDEP groundwater quality criteria and historical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially i;esult in enforcement action, CDM will notify IRC SWDD prior to preparing the report and request confirmatory samples, if needed.

• Preparation of semi-annual monitoring reports for the January and July monitoring events. The reports will include brief discussions of the results, water level contour maps, and copies of the analytical reports. A draft report will be submitted for review, if requested.

• CDM will prepare three copies of the final report for submittal to FDEP and will provide one file copy to IRC SWDD

IRC SWDD will provide copies of analytical reports in electronic format (AdApt, or other electronic format accepted by FDEP).

TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING

Title V Permit No. 0610015-003-AV contains monitoring and reporting requirements related to the landfill gas collection and control system. CDM will assist IRC SWDD, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes.

Statement of Compliance

CDM will prepare and submit the annual Statement of Compliance for the !RC Landfill. This document must be submitted to FDEP within 60 days after the end of the calendar year, as required by Rule 62-213.440(3)(a)(2), F.A.C.

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Annual Operating Report

COM will prepare and submit the Annual Operating Report for the IRC Landfill. This report must be submitted to FDEP on or before April 1 of each calendar year using the annual operating report form for an air pollutant emitting facility, as required by Rule 62"210.370(3), F.A.C.

COM will estimate the annual emission rates of non-methane organic compounds and volatile organic compounds from the landfill gas to determine the IRC Landfill' s status with regard to operation and reporting requirements of the active landfill gas collection and control system under the New Source Performance Standards requirements.

Annual Emissions Fee

COM will submit the annual emissions fee to FDEP between January 15 and March 1 using completed FDEP Form 62-213.900(1). IRC SWDD is responsible for providing COM with the required fee.

Visible Emissions Testing

COM will contract with a certified observer to perform the annual visible emissions test in order to determine the opacity of the flare. COM will provide oversight of the annual visible emission testing of the flare, notify FDEP of the time and location of the test, and prepare and submit to FDEP a report of the test results.

TASK 4.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE

COM will provide general technical and permit compliance assistance to IRC SWDD staff on an as needed basis. IRC SWDD staff is performing a number of the tasks required annually by the current FDEP landfill permits. COM will provide support as needed for the SWDD staff as they perform these tasks.

Each task will be authorized and documented up to the budgeted amount for each task. General technical and permit compliance assistance tasks may include:

• reporting required by the Multi-Sector Generic Permit for stormwater discharge; • quarterly monitoring and reporting of the landfill gas monitoring wells located at the IRC

Landfill site boundary, as well as enclosed structures located on site; • submittal of records of groundwater dewatering volumes to St. Johns River Water

Management District in compliance with the consumptive use water permit; • preparing agenda items for and attending IRC Board of County Commissioners meetings, • developing annual IRC SWDD budgets, and • miscellaneous permit renewals or technical support

TASK 5.0 - QUARTERLY CONTAMINATION EVALUATION MONITORING

IRC SWDD has agreed to quarterly contamination evaluation monitoring in accordance with monitoring plans included in the Contamination Evaluation Report as modified and approved in the FDEP letter dated October 7, 2010. COM will collect the samples in accordance with the

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approved plans including coordination with IRC SWDD scheduling, water level measurements, data review and analysis, and reporting. In addition, CDM will install two staff gauges in the C-5 canal and two staff gauges in the Lateral C canal once the permit has been received from the Indian River Farms Water Control District (IRFWCD). CDM will contract a surveyor to survey the surface water sample locations and proposed staff gauges once installed. CDM will contract with Ideal Tech Service Inc. (ITS) to perform the groundwater and surface water sampling.

CDM/ITS will perform the 2011 quarterly (January, April, July, and October) sampling of seven groundwater monitoring wells (MW-1S, MW-2S, MW-3S, MW-13S, MW-Cl, MW-C2 and MW-C3) for analysis of iron, chlorides, TDS, sodium, ammonia, nickel, arsenic, silver, thallium, hardness, BODS, COD, total nitrogen, and total phosphate. CDM/ITS will collect water level data for the groundwater monitor wells and staff gauges immediately prior to the sampling event. CDM/ITS will also perform 2011 quarterly (January, April, July, and October) sampling of six (6) surface water sites (C5-SW1, C5-SW2, C5-SW3, C5-SW6, LC-SW4, and LC-SWS) for analysis of iron, chlorides, TDS, sodium, ammonia, nickel, arsenic, silver, thallium, hardness, BODS, COD, total nitrogen, total phosphates, unionized ammonia, and chlorophyll A. It is es-1:imated that each monitoring event will take two days in the field to complete. In the event that FDEP requires re-sampling of groundwater monitoring wells or surface water sites, or if an algae bloom is observed and algal speciation sampling and analysis are required, the services performed will be j.nvoiced under Task 4 of this Scope of Services. CDM/ITS will deliver the samples to the ENCO Orlando office for analysis. Laboratory analysis is not included in this· task.

ENCO will perform the laboratory analysis under IRC SWDD' s contract. CDM will assist IRC SWDD in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required and review and evaluate the analytical test results. The results of the contamination evaluation monitoring will be reported with the semi-annual water quality reports. This task includes attending one meeting with IRFWCD in Vero Beach and one meeting with the Florida Department of Environmental Protection in Orlando. CDM reserves the right to request additional compensation should additional meetings be required.

PROJECT SCHEDULE

The following project schedule has been developed based on authorization on January 4, 2011.

Task 1: January 1, 2011 through December 31, 2011

Task 2: January and July (within 60 days of receipt of laboratory analysis)

Task 3: Statement of Compliance March 1, 2011 Annual Operating Report April 1, 2011 Semi-Annual Operating Report March 1, 2011 and September 1, 2011 Annual Emissions Fee Between January 15, 2011 and March 1, 2011

Task 4: January 1, 2011 through December 31, 2011

Task 5: January 2011, April 2011, July 2011, and October 2011

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PAYMENT AND COMPENSATION

Payments for the Scope of Services described herein shall be made on the basis of a lump sum fee. The lump sum fee for Task 1 through 5 of this proposal is $121,297. CDM will submit monthly invoices based on the percent complete for the work performed.

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EXHIBITB

PROJECT BUDGET

INDIAN RNER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR

ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 13

PROJECT:

DESCRIPTION: CONTRACT REFERENCE:

Labor Category Officer Associate Principal Senior Professional Professional II Professional I

AMENDMENT NO. 1

IRC SWDD Annual Permit Compliance 'Monitoring Reporting Services

Task 1.0 - Project Quality Management

Agreement between the Indian River County Board of County Commissioners and Camp Dresser & McKee Inc.

Hours Rate 4 $200 4 $190

12 $180 50 $145 30 $130 24 $100

Project Administration 10 $75 Total Hours 134

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Total $800 $760

$2,160 $7,250 $3,900 $2,400

$750

$18,020

$1,000

$12,020

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee $19,020. Partial payments will be made on a monthly basis in accordance with the referenced contract

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EXHIBITB

PROJECT BUDGET



PROJECT:

AMENDMENT NO. 1

IRC SWDD Annual Permit Compliance Monitoring Reporting Services

DESCRIPTION: Task 2.0 - Annual and Semi-Annual Sampling and Reporting

CONTRACT REFERENCE: Agreement between the Indian River County Board of County

Commissioners and Camp Dresser & McKee Inc.

Labor Category Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support Project Administration Total Hours

Total Salary Cost

Other Direct Costs

Outside Professional Services (Ideal Tech Services, Inc.)

TOTAL LUMP SUM FEE

Hours 2 4 24 70 30 32 6

12 12

192

Rate $200 $190 $180 $145 $130 $100 $110 $80 $75

Total $400 $760

$4,320 $10,150

$3,900 $3,200

$660 $960 $900

$25,250

$1,900

$8,717

$;\5,867

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee of $35,867. Partial payments will be made on a monthly basis in accordance with the referenced contract.

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EXHIBITB

PROJECT BUDGET



PROJECT:


Labor Category Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support

AMENDMENT NO. 1


Task 3.0 - Title V Permit Compliance and Reporting

Agreement between the Indian Fiver County Board of County Commissioners and Camp Dresser & McKee Inc.

Hours Rate 2 $200 2 $190 8 $180

20 $145 20 $130 20 $100 2 $110 6 $80

Project Administration l! $75 Total Hours 88

Total Salary Cost

Other Direct Costs Outside Professionals

TOTAL LUMP SUM FEE

Total $400 $380

$1,440 $2,900 $2,600 $2,000

$220 $480 $600

$11,020

$750 $1,000

$12,77Q

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee $12,770. Partial payments will be made on a monthly basis in accordance with the referenced contract.

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PROJECT:

EXHIBITB

PROJECT BUDGET


ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 13 AMENDMENT NO. 1


DESCRIPTION: Task 4.0 - General Technical and Miscellaneous Permit Compliance Reporting



Labor Category Hours Rate Officer 2 $200 Associate 4 $190 Principal. 10 $180 Senior Professional 20 $145

Professional II 14 $130 Professional I 10 $100 Senior Support 2 $110 Staff Support 4 $80 Project Administration Q $75 Total Hours 72

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Total $400 $760

$1,800 $2,900 $1,820 $1,000

$220 $320 $450

$9,670

$500

$10,170

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum of $10,170. Partial payments will be made on a monthly basis in accordance with the referenced contract.

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EXHIBITB

PROJECT BUDGET



PROJECT:


Labor Category Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support

AMENDMENT NO. 1


Task 5.0 - Quarterly Contamination Evaluation Monitoring

Agreew..nt betwe<>.-n the Indian River County Board of County Commissioners and Camp Dresser & McKee Inc.

Hours Rate 4 $200 10 $190 28 $180 36 $145 88 $130 40 $100 8 $110 8 $80

Project Administration 14 $75

Total Hours 236

Total Salary Cost

Other Direct Costs Outside Professionals

TOTAL LUMP SUM FEE

Total $800

$1,900 $5,040 $5,220

$11,440 $4,000

$880 $640

$1,050

$30,970

$2,500 $10,000

$43,470


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/58L

Date:

To:

From:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

December 27, 2010

Prepared By:

Joseph A. Baird, County Administrator ~ r-.0. ~

W. Erik Olson, Director of Utility Services~

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ,d..M. Subject: Amendment No. 1 to Work Order No. 14 to Camp Dresser & McKee Inc.

.(CDM) for Engineering Services with the 2011 Annual Financial Reports

BACKGROUND:

The Solid Waste Disposal District (SWDD) is required by Florida Environmental Protection Department (FDEP) rules to prepare two annual engineering reports certified by a third party professional engineer including:

1. Financial Assurance Report to determine SWDD's annual obligations to fund escrow accounts for the closure and long term care of the County's active landfills.

2. Full Cost Accounting Report to inform residents of the County of the full cost of collection, management and disposal of solid waste in the County.

ANALYSIS:

CDM has prepared Amendment No. 1 to Work Order No. 14, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees .

TASK . · .. ' · .• · [)~SCR!l'::flQN)}> . .. ,_. ,.;.:: 'DUE oA"i"E • .. · AMOUNT -··.' . . ..... ·.···:···· .....

Taskl Full Cost Accounting Report March 31, 2011 $10,200- Lump Sum

Task 2 Site Survey April 15, 2011

$35,000- Lump Sum Financial Assurance Report November 1, 2011

TOTAL (Lump Sum)= $45,200

The costs above are consistent with what SWDD has paid historically for these services and includes a $12,500 cost for aerial survey services provided by Masteller, Moler, Reed & Taylor. Specifically, the current proposed cost of $45,200 for Tasks 1 & 2 has increased by $1,440 compared to Work Order No. 14 that was approved on January 12, 2010 in the amount of $43,760.

SWDD Agenda - Amendment No 1 to WO No 14 CDM 2011 Annual Financial Reports Pagel 109

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve Amendment No. 1 to Work Order No. 14 with CDM in the amount of $45,200 to provide engineering services related to the Annual Financial Reports.

b) Authorize the Chairman to execute the same, as presented.

ACCOUNT INFORMATION:

Funding for the 2011 Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund.

· Description; . ·. ··. Amount

Engineering Services 41121734-033130 $45,200

ATTACHMENT:

1) Amendment No. 1 to Work Order No. 14-CDM (6 Pages)

Indian River Co.

Administration

. SWDD Director

Budget

Legal

SWDD Agenda -Amendment Nol to WO No 14 CDM 2011 Annual Financial Reports Page 2 110

-•

AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 14

This Amendment 1 to Work Order Number 14 is entered into as of this __ day of _____ _, 2010 ("Effective Date") pursuant to that certain Continuing Contract Agreement for Professional Se_rvices entered into as of August 10, 2004, and amended effective July 24, 2007 (as so amended, the "Agreement"), by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("District") and Camp Dresser & McKee Inc. ("Consultant").

1. The District has selected the Consultant to perform the professional services set forth in existing Work Order Number 14, Effective Date January 12, 2010.

2. The District and the Consultant desire to amend this Work Order as set forth on Exhibit A attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B and within the timeframe more particularly set forth in Exhibit C, all in accordance with the terms and provisions set forth in the Agreement.

3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each ·individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Work Order as of the date first written above.

Title: Principal

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DIS'I'RICT

- - By_·----------···eh:airman

Attest: J.K. Barton, Clerk of Court

By __ -,-_______ _

Deputy Clerk

Assistant County Attorney

jl3026 Amendment No. 1.doc 111

EXHIBIT A

SCOPE OF PROFESSIONAL SERVICES

INDIAN RNER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR

ANNUAL PERMITTING SERVICES WORK ORDER NO. 14

AMENDMENT NO. 1

PROJECT UNDERSTANDING Each year Indian River County (IRC) Solid Waste Disposal District (SWDD) is required to document environmental compliance in accordance with several different permits. Camp Dresset & McKee Inc. (COM) <!!lsil.ts SWDD with some of these s11bmitlillll to the Florida Department of Environmental Protection (FDEP) each year. In addition CDM provides general

. technical assistance on all projects which arise during the year.

This project is to provide permitting services which are required including:

• Task 1.0 - Full Cost Accounting

• Task 2.0 - Financial Assurance

COM will coordinate with the SWDD in order to provide timely execution of each portion of this project.

TASK 1,0-~EULLCOST.ACCOUNI'lNGSTUDYANUREl'ORT.l'OR.FISCAL.YEAR2009,,10

Under-pr.ovisions.of-Chapter-62~,'08.300(3),EloridaAdministrativeCode(F.A.C.),IRCSWDD.is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2009-2010.

COM will prepare a report setting forth the full cost of solid waste management for Fiscal Year 2009-2010 in accordance with the requirements of Chapter 62-708, F.A.C. CDM will also prepare a draft public notice based on the full cost of solid waste management in SWDD for Fiscal Year 2009-2010.

COM will provide a draft report and public disclosure notice to SWDD by March 15, 2011 assuming receipt of all data required to perform the study by March 1, 2011. After receipt of comments, CDM will submit the final report and public disclosure notice within 7 calendar days. SWDD is required to advertise this public disclosure notice in a local newspaper by the . end of March.

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TASK 2.0- FINANCIAL ASSURANCE SWDD operates a Oass I landfill through a contract with Waste Management Inc. and operates a Construction and Demolition (C&D) Debris Landfill facility. Republic Services will begin operating the IRC Landfill (Oass I and C&D debris landfills) beginning in January 2011. SWDD is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually. -~

Task 2.1-FinancialAssurance Report CDM will prepare documentation that demonstrates proof of financial assurance for the cost of closing and providing long--term care for the Oass I Landfill, the C&O Debris Landfill, and the Waste Tire Processing Center. This documentation will be submitted for review by the SWDD and IRC Finance Department. Four copies of the final document will be provided to SWDD. CDM will meet with SWDD up to four times to discuss issues and to provide needed coordination. CDM will also respond to FDEP correspondence regarding financial assurance.

Task 2.2 - Suroey and Airspace Assessment CDM will provide surveys and assessments of consumed airspace, performed by Masteller, Moler, Reed & Taylor, Inc. for the Oass I and C&D Landfills. The survey work for the Oass I waste area will include a complete topographic survey of Segments I and II as well as the ditches and roadways surrourn:ling the Oass I area. The topographic survey of the C&D Landfill site will include the waste area, as well as the fence-line and the surrounding ditches and berms adjacent to the C&D site and the C&D expansion area. CDM will review the volumetric modeling and include a summary of estimated waste density based on the results of the survey and volumetric modeling.

The deliverable from Masteller, Moler, Reed & Taylor, Inc. will consist of a survey identifying the dates the field survey was completed, Airspace consum"'d and remaining airspace based on the survey and_ the construction arid d<'!sjgn criteria shall be specifically identified in the financial-assuranee-rep0rt,The-suarey-shal1also-include-the,results-ofthe¥o)u1pgtric .. calculations-forthe.Segment.Il_por.tions .. ofthe.clasdlandfill,_llS_:l'/'.ell!ll!!he_C~P1@4fiJl and the new C&D expansion area. Deliverables accompanying the survey shall include:

A 1-inch = 50 feet scale contour map for each site with 1-foot contour intervals in regular weight lines, and 5-foot contour intervals in bold weight lines. Signed and sealed contour maps will be provided on 24-inch by 36-inch paper of each landfill site in 1-inch = 200 feet scale . .A Compact Disk (CD) with ASCII file of the survey data in AutoCAD 2004 will also be provided.

For the Oass I Landfill (Segment I and II), the financial assurance report shall include an evaluation of the compaction of the waste and an analysis ·as to whether Waste Management Inc. is meeting its contractual compaction requirements. CDM will include escrow account balance recommendations for Fiscal Year 2010-2011, as well as escrow account budget recommendations for Fiscal Year 2011-2012.

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· PROJECT:

EXHIBITB

PROJECT BUDGET


ANNUAL PERMITTING SERVICES WORK ORDER NO. 14 AMENDMENT N0.1

Indian River County SWDD Annual Permitting Services

DESCRIPTION: Task 1.0 - Preparation of Full Cost of Solid Waste Management Report and Public Disclosure Notice



Labor Categozy Hours Rate Officer 2 $200 Associate 3 $190 Principal 16 $180 Professional II 20 $130 ,Professional I 20 $100

Senior Support 10 $110 Project Administration £ $75

Total Hours 73

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Total $400 $570

$2,880 $2,600 $2,000 $1,100

$150

$9,'ZOO

$500

$1Q,2QQ

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee $10,200. Partial payments will be made on a monthly basis in accordance with the referenced contract.

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EXHIBITB

PROJECT BUDGET


PROJECT:

DESCRIPTION:

CONTRACT · REFERENCE:

Labor Category Officer Associate Principal Professional II Professional I Senior Support Staff Support

ANNUAL PERMITTING SERVICES WORKORDERNO.14 AMENDMENT NO. 1

Indian River County SWDD Annual Permitting Services

Task 2.1 - Preparation of Financial Assurance Report Task 2.2 - Survey and Airspace Assessment

Agreement between the Indian River County Board of County Commissioners and camp Dresser & McKee Inc.

Hours Rate 6 $200 6 $190 6 $180

60 $120 80 $100 8 $110

10 $80 Project Administration § $75

Total Hours

'fotalSalary Cost

Outside Professionals - Masteller, Moler, Reed & Taylor, Inc.

Other Direct Costs

'OTAL LUMP SUM FEE

184

Total $1,200 $1,140 $1,080 $7,200 $8,000

$880 $800 $600

$20,900

$12,900

$1,200

$35,QQQ


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EXIIlBITC

PROJECT SCHEDULE


ANNUAL PERMITTING SERVICES WORK ORDER NO. 14

AMENDMENT NO. 1

SCHEDULE

1.0

2.1

2.2

Full Cost Accounting Report

Financial Assurance Report

Site Survey

C-1

Completion Date

March 31,-2011

Novemberl,2011

April 15, 2011

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