Indian River County Board of County Commissioners Meeting … · 2018-04-07 · May 11, 2011 Resignation of the Engineer Appointee to the Environmental Control Hearing-Board Darcy

May 17, 2011 Page 1 of 6

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

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

COUNTY COMMISSIONERS

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

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

2. INVOCATION

Jeffrey R. Smith,

Chief Deputy Clerk of Circuit Court

3. PLEDGE OF ALLEGIANCE

Commissioner Wesley S. Davis

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation by Students Working Against Tobacco Urging Tobacco Retailers to Stop the Sale of Flavored Tobacco in Indian River County

B. Presentation of Proclamation Designating May 15 through May 21, 2011 as Emergency Medical Services Week in Indian River County 1

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, MAY 17, 2011 - 9:00 A.M.

May 17, 2011 Page 2 of 6

5. PROCLAMATIONS and PRESENTATIONS PAGE

C. Presentation of Proclamation Designating the Month of May as Foster Parent Appreciation Month 2

D. Presentation by Barbara Schlitt Ford, Executive Director of Youth Guidance, Announcing 34th Annual Tropical Night Luau to Benefit Youth Guidance Mentoring and Activities Program

6. APPROVAL OF MINUTES

A. Regular Meeting of April 12, 2011

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

A. Resignation of the Engineer Appointee to the Environmental Control Hearing Board (memorandum dated May 11, 2011) 3-4

8. CONSENT AGENDA

A. Approval of Warrants and Wires, April 29, 2011 to May 5, 2011

(memorandum dated May 5, 2011) 5-11 B. Lease Extension, Little Mermaid Car Wash, 1935 43rd Avenue, Timothy E.

and Joshana Tynes, 43rd Avenue/SR60 Intersection Widening and Improvements (memorandum dated April 27, 2011) 12-18

C. Amendment No. 2 to Work Order No. 1 – G.K. Environmental, Inc., Oslo

Road Boat Ramp, IRC Project No. 0381 (memorandum dated May 6, 2011) 19-24

D. Work Order No. 1 – Masteller, Moler, Reed and Taylor, Inc., North County Trans Florida Rail Corridor from 104th Avenue to Sebastian River Middle School, IRC Project No. 0923B (memorandum dated May 9, 2011) 25-35

E. Work Order No. 1 – Indian River Survey, Inc., 8th Street (Glendale Road) Route Survey from 58th Avenue to 20th Avenue, IRC Project No. 1049 (memorandum dated May 9, 2011) 36-46

F. E911 State Grant Application (memorandum dated May 10, 2011) 47-56

May 17, 2011 Page 3 of 6

8. CONSENT AGENDA PAGE

G. Board Consideration to Approve a Second Revised Conservation Easement for the North Shore Club Preliminary PD Plan/Plat (memorandum dated May 9, 2011) 57-73

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Pain Management Clinic Ordinance

(memorandum dated May 11, 2011) 74-89 Legislative

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Establishing Fees for Pain Management Clinic Permits and Related Appeals (memorandum dated May 4, 2011) 90-96

2. Request to Enter Into an Intermodal Program Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation for Improvements to Aviation Boulevard (memorandum dated May 10, 2011) 97-112

B. Emergency Services

None

May 17, 2011 Page 4 of 6

12. DEPARTMENTAL MATTERS PAGE

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

None

J. Utilities Services

1. Recommendations of Improvements Outlined in Odor Control Study Final Report (memorandum dated May 4, 2011) 113-127

2. Implementation Schedule for Merger and Acquisition of City of

Vero Beach Utility System (memorandum dated May 10, 2011) 128-129

13. COUNTY ATTORNEY MATTERS

A. Response to Offer for Purchase of Former Sun Sky Roofing Parcel (memorandum dated May 10, 2011) 130-147

B. Payment Agreement for Required Improvements Constructed by DiVosta Homes, LP (memorandum dated May 10, 2011) 148-156

May 17, 2011 Page 5 of 6

13. COUNTY ATTORNEY MATTERS PAGE

C. Hiring Outside Counsel to Defend the County in FVP Miami Lakes v. Indian River County (memorandum dated May 10, 2011) 157-160

D. Dodgertown Property Swap – Issues with Minor League Baseball (memorandum dated May 11, 2011) 161-164

14. COMMISSIONERS ITEMS

A. Commissioner Bob Solari, Chairman

1. Commissioner’s Car Allowance (memorandum dated May 11, 2011) 165

2. Drought

(memorandum dated May 11, 2011) 166

3. CiCi Award

(memorandum dated May 11, 2011) 167-169

B. Commissioner Gary C, Wheeler, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Peter D. O’Bryan

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Approval of Minutes Regular Meeting of April 12, 2011

2. Declare Former Fire-Rescue Station 9 Surplus; and, Authorization for the County Administrator to Sign Auction Documents with Karlin Daniel & Associates, Inc. (memorandum dated May 9, 2011) 170-172

May 17, 2011 Page 6 of 6

15. SPECIAL DISTRICTS AND BOARDS PAGE

B. Solid Waste Disposal District

1. Amendment 1 to Work Order No. 28 to Geosyntec for Phase 2 – Procurement of Construction Contract for Cell 1 of Segment 3 Landfill Expansion (memorandum dated May 2, 2011) 173-200

2. Amendment No. 1 to Work Order No. 29 to Geosyntec for One Year of Groundwater Monitoring, Installation of six new wells and Prepare Remedial Action Plan for the Former South Gifford Road Landfill (memorandum dated May 6, 2011) 201-218

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.

PROCLAMATION DESIGNATING MAY 15 THROUGH MAY 21, 2011 AS

EMERGENCY MEDICAL SERVICES WEEK IN INDIAN RIVER COUNTY

WHEREAS, Emergency Medical Services is a vital public service; and

WHEREAS, the members of Emergency Medical Services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and

WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

WHEREAS, the Emergency Medical Services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics,"· firefighters, educators, administrators and others; and

WHEREAS, the members of Emergency Medical Services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and

WHEREAS, it is appropriate to recognize the value and the accomplishments of Emergency Medical Services providers by designating Emergency Medical Services Week.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 15 through May 21, 2011 be designated as EMERGENCY MEDICAL SERVICES WEEK with the theme, EMS: Everyday Heroes, and that the Board encourages the community to observe this week with appropriate programs, ceremonies and activities.

Adopted this 1 ih day of May, 2011. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Bob Solari, Chairman

Gary C. Wheeler, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Peter D. O'Bryan

PROCL TION DESIGNATING THE MONTH OF MAY AS

FOSTER PARENT APPRECIATION MONTH

WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the very foundation of our communities and our State; and

WHEREAS, all young people in foster care need a meaningful connection to a caring adult who becomes a supportive and lasting presence in their lives; and

WHEREAS, dedicated foster families frequently adopt foster children, resulting in a greater need for more foster families; and

WHEREAS, the Hibiscus Children's Centerhas been saving children for over 25 years on the Treasure Coast and Okeechobee County and serves over 100 foster families annually; and

WHEREAS, the Hibiscus Children's Center provides prevention, intervention and recovery services and programs to abused and neglected children and helps to strengthen families; and

WHEREAS, since 2001, the mission of the Hibiscus Children's Center Foster Parent Program is to recruit, train, license and re-license foster families on the Treasure Coast and Okeechobee County; and

WHEREAS, the Hibiscus Children's Center provides critical support to these foster families who have committed to giving abused and neglected children a safe and loving home.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Month of May be observed in Indian River County as Foster Parent Appreciation Month.

Adopted this 17th of May, 2011.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA


Gary C. Wheeler, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Peter D. O'Bryan

To:

Date:

Subject:

From:

7/r May 17, 2011

INFORMATIONAL ITEM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

May 11, 2011

Resignation of the Engineer Appointee to the Environmental Control Hearing-Board

Darcy Vasilas Commissioner Assistant, District 3

Mr. Steve Snoberger has submitted his resignation as the Engineer Appointee to the Environmental Control Hearing Board.

Please see the attached letter of resignation.

Note: Applications for Engineer Appointee are available in the Commission Office.

Attachment

/drv

F:IBCC\Agenda .ltems\2011\Appointments and Resignations\ECHB - Resignation of Steve Snoberger Engineer Appointee.doc

3

FROM THE DESK OF STEVE D. SNOBERGER, P.E.

------~

April 27, 2011

Ms. Cheryl L. Dunn, R.S. Eri.vfronnie:i:ita1 ContriJl Officer Indian River County Health-Dept. Environmental Health Division 1900 z7!lt Strbet Vero Beach, FL 32960

Subject: Indian River County- Environmental Control Hearing Board Tender of Resignation

Dear Cheryl:

It has certainly been my pleasure to serve our County, for oh so many years, by sitting on the Environmental Control Hearing Board. Unfortunately, at this time I need to take the opportunity to tender my resignation from the Board. I hope that you will not have any difficulty finding a replacement. Please feel free to contact me at your convenience should you have any questions or comment regarding this matter. Thank you.

Sincerely; /) JI s~,,,s~j}._ STEVE SNOBERGER 3145 1st LANE VERO BEACH, FL 32968 772.562.4137 [email protected]

-:.,;-_ -,,_:: ._ .... -. -· ,-.-. . _-,;u';, -·

.

,

4

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: May 5, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES April 29, 2011 to May 5, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of April 29, 201 I to May 5, 2011.

Attachment:

DB:MS

5

CHECKS WRITTEN

CHECKNBR CK DATE VENDOR AMOUNT 266693 5/2/2011 1 THE GUARDIAN 20,303.16 266694 5/2/2011 1 COMPBENEFITS COMPANY 252.34 266695 5/2/2011 1 COLONIAL LIFE & ACCIDENT INS CO 176.91 266696 5/2/2011 1 AMERICAN FAMILY LIFE ASSURANCE CO 20,237.55 266697 5/2/2011 l ALLSTATE 833.34 266698 5/2/2011 1 RELIANCE STANDARD LTD 6,293.52 266699 5/2/2011 1 RELIANCE STANDARD LTD 570.44 266700 5/2/2011 1 ORANGE COUNTY HOUSING AND 642.14 266701 5/2/2011 1 SANDY PINES 1,003.00 266702 5/2/2011 1 ALL FLORIDA REALTY SERVICES INC 6,419.00 266703 5/2/2011 1 GERALD T CAP AK 299.00 266704 5/2/2011 1 PAUL CARONE 525.00 266705 5/2/2011 1 CHERYL DOYLE 350.00 266706 5/2/2011 1 VERO BEACH EDGEWOOD PLACE (305-113) 987.00 266707 5/2/2011 1 GIFFORD GROVES LTD 2,005.00 266708 5/2/2011 1 GRACES LANDING LTD 7,175.00 266709 5/2/2011 1 MICHAEL JACKOWSKI 813.00 266710 5/2/2011 1 TERRY A LAWRENCE 77.00 266711 5/2/2011 1 LINDSEY GARDENS APARTMENTS 11,306.00 266712 5/2/2011 1 LINDSEY GARDENS APARTMENTS 987.00 266713 5/2/2011 1 BRYAND BLAIS 975.00 266714 5/2/2011 1 RIVER PARK AS SOCIA TES 7,966.00 266715 5/2/2011 1 RICHARD C THERIEN 875.00 266716 5/2/2011 1 CREATIVE CHOICE HOMES XVI LTD 9,193.00 266717 5/2/2011 1 DAVID YORK 558.00 266718 5/2/2011 1 LILLYB YORK 359.00 266719 5/2/2011 1 ST FRANCIS MANOR OF VERO BEACH 1,113.00 266720 5/2/2011 1 CITY OF VERO BEACH 1,021.00 266721 5/2/2011 1 SALLIE (WYNN) BLAKE 472.00 266722 5/2/2011 1 CCA HOLDINGS LIMITED PARTNERSHIP 4,329.00 266723 5/2/2011 1 FLORIDA POWER AND LIGHT 729.00 266724 5/2/2011 1 LLONALD E MIXELL 181.00 266725 5/2/2011 1 FULCHINI ENTERPRISES INC 304.00 266726 5/2/2011 1 VENETIAN APARTMENTS OF VERO BEACH 917.00 266727 5/2/2011 1 · STASKI ENTERPRISES INC 619.00 266728 5/2/2011 1 HERMOSA PROPERTIES LLC 417.00 266729 5/2/2011 1 PINNACLE GROVEL ill 6,228.00 266730 5/2/2011 1 VERO CLUB PARTNERS LTD 13,640.00 266731 5/2/2011 1 FORT PIERCE HOUSING AUTHORITY 913.14 266732 5/2/2011 1 FORT PIERCE HOUSING AUTHORITY 1,080.42 266733 5/2/2011 1 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,021.00 266734 5/2/2011 1 CRAIG MERRILL 1,196.00 266735 5/2/2011 1 CHRISTINE SALTER 561.00 266736 5/2/2011 1 HAGGERTY FAMILY LTD 327.00 266737 5/2/2011 1 THE PALMS AT VERO BEACH 18,769.00 266738 5/2/2011 1 THE PALMS AT VERO BEACH 397.00 266739 5/2/2011 1 HILARY MCIVOR 709.00 266740 5/2/2011 1 BURLEY E MONDY JR 700.00 266741 5/2/2011 1 PAULA LANE 422.00 266742 5/2/2011 1 VERO PINES LLC 305.00 266743 5/2/2011 1 WARREN ROBERT BEANS 560.00 266744 5/2/2011 1 TCG SONRISE II LLC 621.00 266745 5/2/2011 1 KARL LACHNITT 442.00 266746 5/2/2011 1 PELICAN ISLE 5,039.00 266747 5/2/2011 1 PELICAN ISLE 791.00 266748 5/2/2011 1 MID FLORIDA RENTALS INC 700.00 266749 5/2/2011 1 DHUMAVATINAGAJAYA 426.00 266750 5/2/2011 1 JOHNFBAER 6,743.00

6

CHECKNBR CKDATE VENDOR AMOUNT 266751 5/2/2011 1 CAMERON HORD 570.00 266752 5/2/2011 1 SUNCOAST REAL TY & RENTAL MANAGEMENT LLC 2,310.00 266753 5/2/2011 1 OAK RIVER PROPERTIES 1,842.00 266754 5/2/2011 1 JOSERPOMPA 612.00 266755 5/2/2011 1 KENNEN COHEN 404.00 266756 5/2/2011 1 INVESTORS REALTY OF !RC 572.00 266757 5/2/2011 1 BOGDAN HYTROS 226.00 266758 5/2/2011 1 COLETTA DORADO 540.00 266759 5/2/2011 1 MARILYN LEWIS 743.00 266760 5/2/2011 1 STEPHEN J SHORT SR 583.00 266761 5/2/2011 1 MICHAEL KANNER 1,133.00 266762 5/2/2011 1 ADINA GOLDMAN 458.00 266763 5/2/2011 1 INDIAN RIVER RDA LP 1,052.00 266764 5/2/2011 I SAMUEL P N COOK 360.00 266765 5/2/2011 1 BLAIR BURNS 610.00 266766 5/2/2011 1 DANIEL GOWER 950.00 266767 5/2/2011 1 STEVEN ROBERT HARTMAN 565.00 266768 5/2/2011 1 LAZY JLLC 425.00 266769 5/2/2011 1 ANTHONY STEWART 390.00 266770 5/2/2011 1 STEPHANIE FOUNTAIN 291.00 266771 5/2/2011 1 WINFRIED AND LESLIE ARENDT 682.00 266772 5/2/2011 1 ROBERT BAILEY 650.00 266773 5/2/2011 1 SYLVIA MCNEILL 378.00 266774 5/2/2011 1 SKOKIE HOLDINGS INC 444.00 266775 5/2/2011 1 LILIAN N BEUTTELL 440.00 266776 5/2/2011 1 ROGER WINSLOW 495.00 266777 5/2/2011 1 RUTHIE SWAN 272.00 266778 5/2/2011 1 VINCENT PILEGGI 333.00 266779 5/2/2011 1 BENOIT TREMBLAY 768.00 266780 5/2/2011 1 WALTER BRYAN BRITTON 794.00 266781 5/2/2011 1 OSLO VALLEY PROPERTIES INC 1,607.00 266782 5/2/2011 1 VICKY L STANLEY 820.00 266783 5/2/2011 1 CORY J HOWELL 621.00 266784 5/2/2011 1 CHOICE RENTALS INC 242.00 266785 5/2/2011 1 WILLIAM JAMES STANGANELLI 426.00 266786 5/2/2011 1 TRADITIONAL PROPERTIES GROUP INC 750.00 266787 5/2/2011 1 THE CHARLES F FOWLER 1956 CHARITABLE UNI 780.00 266788 5/2/2011 1 OSCEOLA COUNTY SECTION 8 600.14 266789 5/2/2011 1 CAMACLEMADIERICH LLC 702.00 266790 5/2/2011 1 MINAKOEMARIE BOEDJARATHTRUST 598.00 266791 5/2/2011 1 WYNNOWLE 600.00 266792 5/2/2011 1 SUZANNE D VERNON 800.00 266793 5/2/2011 1 ASSOCIATED HOME SOLUTIONS LLC 486.00 266794 5/5/2011 1 EVERGLADES FARM EQUIPMENT CO INC 3,351.83 266795 5/5/2011 1 PORT CONSOLIDATED INC 2,321.68 266796 5/5/2011 1 INDIAN RIVERAUTOPARTSLLC 39.33 266797 5/5/2011 1 COMMUNICATIONS INTERNATIONAL 272.16 266798 5/5/2011 1 ROBINSON EQUIPMENT COMPANY INC 1,768.40 266799 5/5/2011 1 SSESINCDBA 56.22 266800 5/5/2011 1 VERO CHEMICAL DISTRIBUTORS INC 1,269.85 266801 5/5/2011 1 COPYCO INC DBA 188.13 266802 5/5/2011 I IKON OFFICE SOLUTIONS 248.23 266803 5/5/2011 1 SOUTHERN PARK & PLAY SYSTEMS 88.66 266804 5/5/2011 1 VELDE FORD INC 1,552.18 266805 5/5/2011 1 SAFETY PRODUCTS INC 700.11 266806 5/5/2011 1 DATA FLOW SYSTEMS INC 524.25 266807 5/5/2011 1 COLD AIR DISTRIBUTORS WAREHOUSE 129.94 266808 5/5/2011 1 DELTA SUPPLY CO 103.85 266809 5/5/2011 1 E-Z BREW COFFEE & BOTTLE WATER SVC 22.47

266810 5/5/2011 1 INDIAN RIVER BATTERY 2,406.20

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CHECKNBR CK DATE VENDOR AMOUNT 266811 5/5/2011 I GRAINGER 798.90 266812 5/5/2011 I KELLY TRACTOR CO 565.74 266813 5/5/2011 I REPUBLIC SERVICES OF FLLP 539.76 266814 5/5/20 I I I JACOBS GROUP INC 4,339.62 266815 5/5/2011 I VERO LAWNMOWER CENTER INC 148.50 266816 5/5/2011 I THE GALE GROUP 24.76 266817 5/5/2011 I MUMFORD LIBRARY BOOKS INC 13,167.66 266818 5/5/2011 l AMERIGAS EAGLE PROPANE LP 1,134.13 266819 5/5/2011 I AMERJGAS EAGLE PROPANE LP 3,937.96 266820 5/5/2011 I MIKES GARAGE & WRECKER SERVICE INC 85.00 266821 5/5/2011 l DAILY COURIER SERVICE 979.00 266822 5/5/2011 I HACH CO 435.10 266823 5/S/2011 l ZEPHYRHILLS SPRING WATER 35.98 266824 5/5/2011 I FLOWSERVE US INC 6,040.38 266825 5/5/2011 I WATER SAFETY PRODUCTS 2,266.20 266826 5/5/2011 l RELIABLE SEPTIC AND SERVICE 175.00 266827 5/5/2011 I HD SUPPLY WATER WORKS, LTD 2,799.13 266828 5/5/2011 l PETES CONCRETE 1,325.00 266829 5/5/2011 l EGPINC 56.00 266830 5/5/2011 I VERO INDUSTRIAL SUPPLY INC 32.83 266831 5/5/2011 I BRODART COMPANY 115.00 266832 5/5/2011 l FLORIDA VETERINARY LEAGUE 127.00 266-833 5/5/2011 l BARTH CONSTRUCTION INC 74,850.69 266834 5/5/2011 l MYRON L COMPANY 352.33 266835 5/5/2011 I XEROX CORP SUPPLIES 1,042.09 266836 5/5/2011 I GENERAL PART INC 2,105.89 266837 5/5/2011 l GOODYEAR AUTO SERVICE CENTER 583.08 266838 5/5/2011 l SIGNS IN A DAY 80.00 266839 5/5/2011 l BLAKESLEE SERVICES INC 710.00 266840 5/5/2011 I BAKER & TAYLOR INC 2,152.78 266841 5/5/2011 I GROVE WELDERS INC 224.08 266842 5/5/2011 I MIDWEST TAPE LLC 499.65 266843 5/5/2011 l RECORDED BOOKS LLC 495.60 266844 5/5/2011 I ARAMARK UNIFORM SERVICES 827.09 266845 5/5/2011 I LOWES CO INC 941.83 266846 5/5/2011 l ODYSSEY MANUFACTURING CO 11,868.86 266847 5/5/2011 I SOUTHERN COMPUTER WAREHOUSE 1,592.04 266848 5/5/201 l I K & M ELECTRIC SUPPLY 1,447.62 266849 5/5/2011 I WIGINTON CORP 603.24 266850 5/5/2011 l NEC UNIFIED SOLUTIONS INC 760.80 266851 5/5/201 I I ATKINS NORTH AMERICA INC 9,918.00 266852 5/5/2011 l PALM TRUCK CENTERS INC 242.63 266853 5/5/20 I I I SVI SYSTEMS INC 2,563.25 266854 5/5/2011 I RELIABLE POLY JOHN 121.74 266855 5/5/201 I l COMMUNITY ASPHALT CORP 2,894.76 266856 5/5/2011 l PATRICK EXTERMINATING INC 185.00 266857 5/5/201 I I SUNSHINE REHABILATION CENTER OF !RC INC 60.00 266858 5/5/2011 I VOCELLE & BERG LLP 1,881.25 266859 5/5/2011 I CLERK OF CIRCUIT COURT 3,518.75 266860 5/5/2011 I CITY OF VERO BEACH 419.98 266861 5/5/2011 l CITY OF VERO BEACH 54,734.41 266862 5/5/2011 I HAPPY SOFTWARE INC 395.00 266863 5/5/2011 I SOUTHERN ELECTRIC SUPPLY CO 913.00 266864 5/5/2011 1 INDIAN RIVER ALL FAB INC 4,564.84 266865 5/5/2011 1 AT&T 62.90 266866 5/5/2011 1 AT&T 30.74 266867 5/5/2011 l AT&T 849.43 266868 5/5/2011 1 UNITED PARCEL SERVICE INC 6.22 266869 5/5/2011 I FERGUSON ENTERPRISES INC 5,881.42 266870 5/5/2011 I FGFOA 52.00

3 8

CHECKNBR CK DATE VENDOR AMOUNT 266871 5/5/2011 I FLORIDA EAST COAST RAILWAY COMPANY 95,447.72 266872 5/5/201 I I JANITORIAL DEPOT OF AMERICA INC 1,645.46 266873 5/5/201 l l TREASURE COAST HOMELESS SERVICES 2,916.16 266874 5/5/201 l l VERO BEACH HIGH SCHOOL 340.00 266875 5/5/2011 l INDIAN RIVER COUNTY UTILITIES 2,623.70 266876 5/5/201 l l TOTAL TRUCK PARTS INC 979.08 266877 5/5/2011 I GEOSYNTEC CONSULTANTS INC 2,356.63 266878 5/5/2011 l DUMONT COMPANY, INC 1,135.75 266879 5/5/2011 l OFFICE DEPOT BSD CUSTOMER SVC 878.95 266880 5/5/20 l I l !RC CHAMBER OF COMMERCE 43,260.27 266881 5/5/2011 l ST JOHNS RIVER WATER MGMT DISTRICT 160.00 266882 5/5/2011 l FEDERAL EXPRESS 16.48 266883 5/5/2011 1 FEDERAL EXPRESS 16.02 266884 5/5/201 I l SPRINT SPECTRUM LP 1,566.56 266885 5/5/2011 l TRAFFIC PARTS INC 1,317.50 266886 5/5/2011 l JOHN KING 258.84 266887 5/5/201 l l CORPORATION OF THE PRESIDING BISHOP 22.00 266888 5/5/2011 1 FLORIDA POWER AND LIGHT 221.23 266889 5/5/2011 l FLORIDA POWER AND LIGHT 14,074.33 266890 5/5/2011 l FLORIDA POWER AND LIGHT 1,965.0 l 266891 5/5/2011 l ACUSHNET COMPANY 2,545.04 266892 5/5/2011 l PHILLIP J MATSON 104.69 266893- 515/20}] 1 TAYLORMADEGOLF CO INC 524.82 266894 5/5/2011 l STATE ATTORNEY 7,058.51 266895 5/5/2011 l GLOBAL GOLF SALES INC 440.81 266896 5/5/2011 l WASTE MANAGEMENT INC 2,081.90 266897 5/5/20 l I l STRUNK FUNERAL HOMES 300.00 266898 5/5/2011 l JOSEPH A BAIRD 220.66 266899 5/5/2011 l THE FLORIDA BAR 275.00 266900 5/5/2011 I COMCAST 60.00 266901 5/5/2011 1 ADVANCED XEROGRAPHICS IMAGING 1,162.93 266902 5/5/2011 1 ISLAND TITLE AGENCY LLC 29,309.93 266903 5/5/2011 l ISLAND TITLE AGENCY LLC 27,693.36 266904 5/5/2011 l ISLAND TITLE AGENCY LLC 20,000.00 266905 5/5/2011 l ISLAND TITLE AGENCY LLC 29,309.93 266906 5/5/2011 l SCHOOL DISTRICT OF I R COUNTY 134,288.42 266907 5/5/2011 l MIDWEST MOTOR SUPPLY CO 118.50 266908 5/5/2011 1 MARONDA HOMES 37,550.78 266909 5/5/2011 l PERKINS COMPOUNDING PHARMACY 15.50 266910 5/5/2011 l MICHAEL QUIGLEY 120.00 26691 l 5/5/2011 l MICHAEL QUIGLEY 80.00 266912 5/5/2011 l DISNEYS 208.00 266913 5/5/2011 l CABOT LODGE 267.00 266914 5/5/2011 l HULETT ENVIRONMENTAL SERVICES 75.00 266915 5/5/2011 l FLAGLER CONSTRUCTION EQUIPMENT LLC 159.66 266916 5/5/2011 l CELICO PARTNERSHIP 129.03 266917 5/5/2011 l JEAN PETERS 160.00 266918 5/5/2011 1 BARBARAR HAROLD L BROOKS 2,071.57 266919 5/5/2011 I CINTAS CORPORATION NO 2 228.77 266920 5/5/2011 l VAN WAL INC 125.00 266921 5/5/2011 l POLYDYNEINC 5,014.00 266922 5/5/201 l l RANDOM HOUSE INC 24.00 266923 5/5/2011 I ALAN HILL 327.92 266924 5/5/201 l l SOUTHERN JANITOR SUPPLY INC 398.75 266925 5/5/201 I 1 CENTRAL PUMP & SUPPLY INC 140.84 266926 5/5/2011 1 DA VINA MOBILE HOME, INC 474.00 266927 5/5/2011 1 DICKERSON FLORIDA INC 656,827.28 266928 5/5/2011 1 DICKERSON FLORIDA INC 1,144.19 266929 5/5/2011 l HARCROS CHEMICALS, INC. 28,833.13 266930 5/5/2011 1 GLOVER OIL COMP ANY INC 58,086.72

4 9

CHECKNBR 266931 266932 266933 266934 266935 266936 266937 266938 266939 266940 266941 266942 266943 266944 266945 266946 266947 266948 266949 266950 266951 266952 266953 266954 266955 266956 266957 266958 266959 266960 266961 266962 266963 266964 266965 266966 266967 266968 266969 266970 266971 266972 266973 266974 266975 266976

Grand Total:

CK DATE 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/201 I I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/201 I I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 1 5/5/2011 1 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 1 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 I 5/5/2011 1 5/5/2011 1 5/5/2011 1 5/5/2011 1 5/5/2011 I 5/5/201 I 1 5/5/2011 I 5/5/2011 I

VENDOR PROFESSIONAL PAVEMENT PRODUCTS. INC METRO FIRE PROTECTION SERVICES INC WACO ASSOCIATES, INC ALL PRECISION SHUTTERS INC MARY COLLIS TODD TARDIF SR BURKE, PATRICIA M NICHOLAS MC GRA TH INTERNATIONAL SWEEPING PATRICHA W COLLEY RENAE CHANDLER NICHOLAS CASALINA MINE SAFETY APPLIANCES CO STEVEN R SMITH NICOLACE MARKETING INC ROBERTA BARKER TRADEWINDS POWER CORP WILLIAM BOLTON SHELLEY STUVEN LAZENBY & ASSOCIATES INC NORTH HARRIS COMPUTER CORPORATION KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST S & S AUTO )"ARTS GUARDIAN LOCKSMITH NIC MANAGEMENT LLC EAST COAST ANIMAL MEDICAL CENTER DANIELLE CARTOLARO DANIELLE CARTOLARO MEL VIN BUSH CONSTRUCTION INC msTINBAKER MDT PERSONNEL LLC RADWELL INTERNATIONAL INC WRIGHT FASTENER COMPANY LLC DUANEPANKRATZ DVMMS WALL YMAX LLC SOUTHERN NATIONAL TRACK SERVICES INC TORRES ELECTRICAL SUPPLY COMPANY INC AMERICAN FAMILY PROPERTIES TERRI FLOYD STEPHANIE DEGRAFFINREED AMERICAN FIDELITY SERVICES LLC CORRINE RATHJEN LUCYROSLEN CHRISTOPHER STUCKY MICHELE STERNBERG DEBORAH GLIECO

AMOUNT 4,440.00

393.60 5,287.20 2,373.99

120.00 99.00 75.00 50.00

2,843.75 345.85 120.00 75.00

1,050.00 885.00

2,199.00 67.87

61,261.00 120.00 40.00

442.00 36,500.00

230.92 435.85

63.50 119.27 215.00 800.00 650.00 778.47 360.00

6,263.51 1,158.00

67.20 16,156.84

100.00 1,750.00

749.00 69.52 50.00 50.00

500.00 50.00 50.00

150.00 50.00 75.03

1,815,290.93

5 10

CHECKNBR 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453

Grand Total:

CK DATE 4/29/2011 4/29/201 I 4/29/20 I I 4/29/201 I 4/29/2011 4/29/2011 4/29/20 I I 4/29/2011 5/2/2011 I 5/3/2011 I 5/4/201 I 5/5/2011 5/5/201 I

WIRES SENT

VENDOR ICMA RET CORP FLORJDA LEAGUE OF CITIES, INC NA CO/SOUTHEAST ICMA RETIREMENT CORPORATION INDIAN RJVER COUNTY SUPERVISOR OF ELECT! INDIAN RJVER COUNTY SHERIFF CLERK OF CIRCUIT COURT FLSDU IRS-PAYROLL TAXES FL RETIREMENT SYSTEM SIMON & HALLOWAY TRUST ACCOUNT CAMP DRESSER & MCKEE INC SENIOR RESOURCE ASSOCIATION

AMOUNT 2,000.00 4,183.42

20,112.84 32,405.08 66,750.69

3,209,253.32 81,068.16

7,637.04 370,984.64 632,483.81 290,792.90

20,964.80 196,612.04

4,935,248.74

1 1

IND/AN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird County Administrator

THROUGH:

FROM:

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

Lmri.se Gmes umd Acqnwitinn Sp~

'

SUBJECT: Lease Extension, Little Mermaid Car Wash, 1935 43 rd Avenue Timothy E. and Joshana Tynes 43 rd Avenue/SR60 Intersection Widening and Improvements

DATE: April 27, 2011

DESCRIPTION AND CONDITIONS

CONSENT

The County contracted to purchase the Little Mermaid Car Wash, formerly owned by Timothy E. and Joshana Tynes (Mermaid Carwash Inc.) on December 16, 2008. The Car Wash parcel is needed to make room for the 4-laning of 43rd Avenue south ofSR60. The property consists of a 0.47 acre lot with a 2 bay automatic carwash and 3 self service wash bays with covered vacuum area. As part of the consideration for the purchase of the property, the County leased the property back to the Tynes for one dollar per month, with the lease commencing on March 1, 2009.

In March, 2010, the Tynes requested a 12-month extension and the County agreed with the condition that the rent be increased to reflect market rates. The Tynes agreed to $1750 per month.

Mermaid Carwash, Inc. is now requesting to extend the current lease, commencing on May 1, 2011 and terminating on April 30, 2012 with all terms to remain the same as the previous extension of the original lease. The Tynes agree to pay Indian River County the amount of$1,750 monthly, payable in advance.

ALTERNATIVES

1. Grant the 12-month extension of lease

2. Reject the request and issue notice to vacate.

12

Lease Renewal of 1935 43rd Avenue -Tynes April 27, 2011 - Page Two of Two

FUNDING

None

RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease terminating April 30, 2012. The lease extension will not impact the widening of 43rd

Avenue, which is not expected to begin construction until 2013 or later.

ATTACHMENTS

1) One copy of the Lease Extension

DISTRIBUTION

1) Christopher R Mora, P.E., Public Works Director 2) Louise Gates, LAS

APPROVED AGENDA ITEM

FOR May17,2011

BY

Indian River County Administration Budget Legal Public Works Engineering Risk Management

Approved Date

.s--,0-I1

13

ORIGINAL

AGENDA COPY

LEASE AGREEMENT

This lease entered into on this 3rd day of May, 2011 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Timothy E. and Joshana Tynes, hereinafter called the 'Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows:

WITNESSETH:

.1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the Little Mermaid Car Wash and facilities situated thereon, located at 1935 43rd Avenue, Vero Beach, in the County of Indian River, Florida, more particularly described as follows:

See Exhibit "A" attached hereto.

for a term commencing from the date of May 1, 2011, terminating April 30, 2012, for a rental of $1750 per month payable in advance.

1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease and shall not be extended longer than an additional 90 days or commencement of road project which ever comes first.

1.2 Termination of Lease. Either party may terminate this lease with 60 days written notice.

2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a commercial car wash, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises.

3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes.

4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation rnay result in immediate termination of this lease.

5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in

1 14

ORIGINAL

a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted.

6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease.

7. PUBLIC UTILITIES. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities.

8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property.

9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage.

9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the premises, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $100,000 for individual injuries and $200,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida

9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following:

A. Indian River County shall be named as an "Additional Insured" on the general liability policy.

8. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager.

9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction.

2 15

ORIGINAL

9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises.

10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building.

11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition.

12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. Tenant shall not mortgage the leased premises.

13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute.

14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at:

Timothy E. and Joshana Tynes 1935 43rd Avenue Vero Beach, Florida 32960

Such notices to Landlord shall be addressed as follows:

Board of County Commissioners of Indian River County Attention: Bob Solari 1801 27th Street Vero Beach, Florida 32960-3388

These addresses may be changed by either party by providing written notification to the other.

15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification.

16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any

3 16

ORIGINAL

breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach.

IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written.

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS


Approved by BCC ______ _

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

4 17

ORIGINAL

EXHIBIT "A"

Lot 3, LESS AND EXCEPT the East 20 feet thereof, and all of Lot 22, Pinewood Subdivision, according lo the Plat thereof, as recorded in Plat Book 2, at Page 89, of the Public Records of Indian River Cot.!nly, Florida.

Commonly known as: 1935 43rd Avenue, Vero Beach, FL 32960 PID#33-39-04-00010-0000-00003.0

5 18

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM

Joseph A. Baird, County Administrator

CONSENT

Christopher R. Mora, P.E., Public Works Dire!°!;,,;~ Christopher J. Kafer, Jr., P.E., County Engine~

Michael D. Nixon, P.E., Roadway Production Manager,;1;:,'

Amendment No. 2 to Work Order No. 1 - G.K. Environmental, Inc. Oslo Road Boat Ramp IRC Project No. 0381

May 6, 2011


In April 2009 the Oslo Road Boat Ramp was replaced. No other improvements to the facility were done at that time. The County now desires to pursue a vehicle and boat trailer parking area, channel dredging, roadway paving, stormwater treatment and other incidentals necessary to improve the facility. Plans and permitting for these improvements are nearing completion.

On September 8, 2009, the Board of County Commissioners approved Work Order No.I to the Continuing Contract Agreement for Professional Services with G. K. Environmental, Inc. for $39,455.00. On September 21, 2010, the Board of County Commissioners approved Amendment No. 1 for additional environmental services for state and federal environmental permits, inspection assistance and water quality monitoring during construction in the amount of $18,850.00. The current contract amount is $58,305.00.

This proposed Amendment No. 2 includes additional environmental services required for state and federal environmental permits by revising the mitigation plan and vegetation survey and providing assistance to County staff in completing the permitting process. Because the permitting process has been far greater than anticipated, additional services beyond the current scope of services is required.

Attached please find Amendment No. 2 from G. K. Environmental, Inc. to perform additional environmental services for a not-to-exceed fee of $8,580.00.

FUNDING

Funding is budgeted and available from Florida Boating Improvement Fund Account No. 13321072-066510-03017 for the Oslo Road Boat Ran1p.

F:\Public Works\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RAMP Phase II\Adrnim\agenda items\Agenda's & Contracts\Oslo Boat Ramp - GK Environmental - Amendment No 2 to W. 0. No.l, 5-

19 6-11.doc

Page Two BCC Agenda Item from Michael D. Nixon, P.E. May 6, 2011

RECOMMENDATION

Staff recommends approval of the attached Amendment No. 2 to Work Order No. 1 in the not-toexceed sum of$8,580.00, authorizing the above mentioned services as outlined in the attached Scope of Services, and requests the Board to authorize the Chairman to execute the attached Amendment No. 2 on their behalf.

ATTACHMENTS

Amendment No. 2 to Work Order No. 1 to G. K. Environmental, Inc. for Professional Environmental Services for the Oslo Boat Ramp

DISTRIBUTION

G. K. Environmental, Inc.

APPROVED AGENDA ITEM Indian River Coon'-· Annr:ocm>d Date

Administration ll°"'Q\ 15/;a./1 I BudP:et I ~ -- 5/11/0 Le!!al

u .,, ' , ., S-rl-1( Risk Manaaement

Public Works (~ .l"'"- l<t- - f t

Engineering c.JL /

S:-9- IJ

F:\Public Works\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's & Contracts\Oslo Boat Ramp - GK Environmental - Amendment No 2 to W. O. No.l, 5-6-11.doc 20

Board of County Commissioners Administration - Bnilding A (South)

180127th Street Vero Beach, Florida 32960

Telephone: (772) 567-8000 FAX: 772-778-9391

Project: Oslo Boat Ramp- lRC Project No. 0381.

AMENDMENT NO. 2 to

WORK ORDER NO.1 (Engineering) FOR

PROFESSIONAL SERVICES AGREEMENT WITH

G.K. ENVIRONMENTAL, INC.

This AMENDMENT NO. 2 TO Work Order No. 1 (Engineering) is in accordance with the existing original AGREEMENT dated March 15, 2005 and amended on March 4, 2008 and September 21, 2010, between G.K. Environmental, Inc. (CONSULTANT) and Indian River County (COUNTY). Due to continued interventions from local obiettors and subsequent requests for plan revisions and additional information fiom State. Federal permitting agencies and their commenting agencies. additional environmental work I assistance to the County will be required. This AMENDMENT NO. 2 TO Work Order No. 1 amends the agreement as follows:

PROJECT LIMITS

This AMENDMENT NO. 2 TO Work Order No. 1 is for the CONSULTANT to perform environmental services as required in Scope of Services for State and Federal Environmental Resource and

. individual permits.

SCOPE: OF SERVICES

As agreed upon between G.K. Environmental, Inc. and Indian River County, the CONSULTANT shall provide environmental services to complete all tasks as outlined in this AMENDMENT NO. 2 TO Work Order No. 1 and described as follows:

PHASE I:

TASK I - Permit Application Re-Submittal Assistance I Meetings ($2,420.00)

CONSUL TANT to assist COUNTY staff and COUNTY'S engineer and surveyor to complete required field work I meet I review work with COUNTY, review drawings, and permit application, revisions as required by commenting and regulatory agencies. GKE . will meet with County staff and State and Federal staff to provide assistance with the project.

F:\Public Works\ENGINEERING DIVISION PROJECTS\0381 B-OSLO BOAT RAMP Phase 11\Admim\Contracts\GK Environmental\OBR Amendment No 2 to Work Order No 1 4-9-11.doc 21

GK Environmental, Inc. Oslo Road Boat Ramp Amendment No. 2 to Work Order No. 1 May 17, 2011 BCCAgenda Page 2 of 4

TASK IV- Revised Mitigation Plan (revised for retention pond relocation and new compliance ACOE regulations)

($2,640.00) . PHASE IV: CONSUL TANT will meet with COUNTY and permit agency staff to finalize mitigation

plan and inspect mitigation sites for compatibility and prepare a revised draft mitigation plan, based upon the ecological values of wetland impacts. This revised plan _will be based on recent reduction in wetland impacts and field/office meetings with the ACOE / SJRWMD. Boat trip to mitigation sites for ACOE / SJRWMD will be provided to inspect site.

TASK V - Revise Uniform Mitigation Assessment Method (UMAM) ($440.00)

PHASE V: CONSUL TANT will conduct a Uniform Mitigation Assessment Method (UMAM) and/or a Wetland Rapid Assessment Procedure (WRAP) of the wetlands located . within the boundaries of the project site. UMAM/WRAP determines a numerical value for the ecological functions and ecological values of the existing wetlands and mitigation site. The UMAM/WRAP score can be used to determine what type/ amount of mitigation will be required for the project site. The UMAM/WRAP score is based on vegetation, wildlife usage, hydrology, soils, water quality, success factor, and adjacent property. These scores will be reviewed with both the ACOE and SJRWMD.

TASK VII - Revised Vegetation Survey IFLUCCS) - ACOE Requirement with new plan ($440.00)

PHASE VII: CONSUL TANT will conduct a systematic survey of vegetation using the Florida Land Use, Cover and Classification System (FLUCCS), A Technical Report. FLUCCS was. developed by the State of Florida, Department of Administration, Division of State Planning, Bureau of Comprehensive Planning, April 1976. CONSULTANT ecologist will base the vegetative community descriptions upon field survey observations, SGS soil maps, aerial photograph interpretation, and site inspections.

TASK IX - Response to Agency Requests for Additional Information (RAil ($2,640.00) · .

PHASE IX: Following agency permit application review of additional information and revised drawings, CONSUL TANT will meet with County and Agency Staff, and respond to all environmentally related questions outlined in agency letters requesting additional

. information (RAI letters). The above estimated cost is to cover one additional round of SJRWMD RAI responses and ACOE RAI responses.

F:\Public Works\ENGINEERING DIVISION PROJECTS\0381 B-OSLO BOAT RAMP Phase 11\Admim\Contracts\GK Environmental\OBR 2 2 Amendment No 2 to Work Order No 1 4-9-11.doc

GK Environmental, Inc. Oslo Road Boat Ramp Amendment No. 2 to Work Order No. 1 May 17, 2011 BCC Agenda Page 3 of 4

TOTAL AMENDMENT NO. 2 COST $8,580.00

NOTE 1: The above costs include additional GKE staff, boat, fuel, and equipment.

NOTE 2: If required, following permit application submittal and agency review, GKE will complete any required additional environmental work / meetings. A separate amendment will be provided if necessary for any additional environmental permitting assistance costs and post construction assistance and monitoring.

Services Not Included

The following services / fees are not included (if required) in this agreement, but will be coordinated and reviewed by CONSULTANT: '

1) Surveying / engineering 2) Legal work 3) Engineered permit drawings 4) Water quality "laboratory" analysis (HBOI)

COMPENSATION

This section of the AGREEMENT entitled CONSUL TANT FEES/ COMPENSATION shall be

revised in response to the Scope modifications set out herein. The charges associated with this

AMENDED AGREEMENT are as follow:

Fees for Environmental Services:

Work on TASKS I through XV AS AMENDED ABOVE NOT-TO-EXCEED $8,580.00

F:\Public Works\ENGINEERING DIVISION PROJECTS\03818-OSLO BOAT RAMP Phase 11\Admim\Contracts\GK Environmenlal\OBR 2 3 Amendment No 2 to Work Order No 1 4-9-11.doc

GK Environmental, Inc. Oslo Road Boat Ramp Amendment No. 2 to Work Order No. 1 May 17, 2011 BCC Agenda Page4of4

The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein.

IN WITNESS WHEREOF the parties hereto have executed these presents this ___ day of _________ _, 2011.

OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA




Deputy Clerk

71.lan S. Polackwich, Sr., COUNTY Attorney

G.K. ENVIRONMENTAL, INC.

Witnessed by:

(Printed name)

F:\Public Wolks\ENGINEERING DIVISION PROJECTS\0381 B-OSLO BOAT RAMP Phase 11\Admim\Contracts\GK Environmenta~OBR Amendment No 2 to Work Order No 1 4-9-11.doc 24

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

• I

I

'

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


CONSENT

Christopher R. Mora, P.E., Public Works Director ~ AND -~~ Christopher J. Kafer, Jr., P.E., County Engine~-,,. r Thomas J. Croonquist, P .S.M., County Survey~

Work Order No. 1 - Masteller, Moler, Reed and Taylor, Inc North County Trans Florida Rail Corridor from 104th Avenue to Sebastian River Middle School· IRC Project No. 0923B

May 9, 2011


On October 19, 2010, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping/GIS Services Contract 1032 with Masteller, Moler, Reed and Taylor, Inc.

Indian River County M.P.O. has designated the existing Trans Florida Railroad Corridor from 104th Avenue to the East Property Line of the North County Park trail facility as a needed facility as shown in the Comprehensive Bicycle and Pedestrian Plan and North County Greenways Plan. This is a Florida Department of Transportation (FDOT) Enhancement grant project approved for Fiscal Year 2012/2013 in the amount of $703,000.00. The Boundary and Topographic Surveys are to support the design effort in preparing final plans for construction. Also, this project will follow FDOT Local Agency Program grant procedures. Masteller, Moler, Reed and Taylor, Inc. has provided a proposal to complete the Boundary and Topographic Surveys.

Work Order No. 1 with Masteller, Moler, Reed and Taylor, Inc. is to perform applicable professional . field and office survey services to accurately define the existing Trans Florida Railroad Corridor Boundary and map the existing topographic features along the existing Trans Florida Railroad Corridor from 104th Avenue to the East Property Line of the North County Park and to provide comprehensive survey documents to be filed and maintained within the County repository.

Attached, please find Masteller, Moler, Reed and Taylor, Inc Work Order No. 1 to provide the requested professional Surveying and Mapping services. Masteller, Moler, Reed and Taylor, Inc. has submitted a Scope of Services outlined in the attached Work Order No. 1 for a lump sum fee of $21,885.00.

F:\Public Works\ENGINEERING DIVISION PROJECTS\09238-Trans Flolida Greenway (104th Ave to E Line N County Park)\Survey\Work Orders\11-05-09 Memo BCC Agenda for Trans FLA Greenway- Job No. 09238.doc

25

Page Two Work Order No. 1 Masteller, Moler, Reed and Taylor, Inc For BCC Agenda May 17, 2011

FUNDING

Funding for this project-in .the lump sum amount of $21,885.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 - Annual Survey Services.

RECOMMENDATION

Staff recommends approval of the attached Work Order No. 1, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf.

ATTACHMENTS

1. Masteller, Moler, Reed and Taylor, Inc. Work Order No. 1 2. Location Map 3. Exhibit A - Scope of Services

DISTRIBUTION

1. Masteller, Moler, Reed and Taylor, Inc. 2. Michael Nixon, P.E., Roadway Production Manager 3. David Silon, P .S.M., Assistant County Surveyor

APPROVED AGENDA ITEM Indian River County

Administrator

FOR: May 17, 2011 Budget

Legal

Risk Management

Public Works

Engineering

F:\Public Works\ENGINEERING DIVISION PROJECTS\0923B-Trans Florida Greenway (104th Ave to E Line N County Park)\Survey\Work Orders\11-05-09 Memo BCC Agenda for Trans FLA Greenway- Job No. 0923B.doc

26

Board of County Commissioners Administration - Building A

1801 27th Street Vero Beach, Florida 32960

Telephone: (772) 567-8000 FAX: 772-778-9391

Project: North County Trans Florida Rail Corridor from 104th Avenue

to Sebastian River Middle School Boundary and Topographic Surveys

Indian River County Project 0923B

WORK ORDER NO. 1 (Engineering/Surveying) FOR

PROFE.SSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES

WITH Masteller, Moler, Reed and Taylor, Inc.

In accordance with Contract No. 1032 2010-2011

This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 19, 2010 between Masteller, Moler, Reed and Taylor, Inc. (SURVEYOR) and Indian River County (COUNTY). This Work Order No. 1 amends the agreement as follows:

SECTION I - PROJECT LIMITS

This Work Order No. 1 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Boundary and Topographic Surveys of the North County Trans Florida Rail Corridor from 104th Avenue to Sebastian River Middle School. Limits include all side street intersections for a minimum 100 feet and all properties associated with the . project.

SECTION II - SCOPE OF SERVICES

As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A.

Remainder of page left blank intentionally

F:\Public Works\ENGINEERING DIVISION PROJECTS\09238-Trans Florida Greenway (104th Ave to E Line N County Park)\Survey\Work Orders\11-05-09 IRC WO No. 1 - Job No. 09238.doc 27

IRC Work Order No. 1 Masteller, Moler, Reed and Taylor, Inc North County Trans Florida Rail Corridor from 104th Avenue to Sebastian River Middle School May 9, 2011 Page 2 of 3

SECTION Ill - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT

1. Project shall be completed as follows:

a. Time of 100% "Paper Submittal" review (final review prior to request for final deliverables) submittal shall be 90 calendar Days from notice to proceed.

b. Time of FINAL project completion shall be within 15 calendar days of receipt of the County's review comments.

2. Deliverables -The SURVEYOR shall provide the COUNTY:

a. 30%, 60%, 90% and 100% Phase Submittals for COUNTY review and comments. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of preliminary submittal.

b. FINAL five (5) paper "hardcopy'' signed and sealed sets and one (1) signed and sealed MYLAR set in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCad drawing file in release 2004 through 2009 and PDF . formats on CD.

c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and Project No; survey notes/legend/abbreviation sheet and right-of-way plan view sheets.

d. Work Product and digital versions are to prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large.

e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections 11, Ill and IV or the COUNTY will not approve the SURVEYOR'S request for payment.

SECTION IV - COMPENSATION

The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, 11, and Ill of this Work Order No. 1, for a total lump sum fee of $21,885.00.

All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 19, 2010 through October 19, 2011.

All invoicing shall include Project Number (09238), Work Order No. 1 (WO 1 ), Contract Number (1032), itemized man-hours and materials expended to complete the Scope of Services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No: 1032 with the COUNTY and as stated in Section 11, Ill and IV hereon.

F:\Public Works\ENGINEERING DIVISION PROJECTS\0923B-Trans Florida Greenway (104th Ave to E Line N County Park)\Survey\Work Orders\11-05-09 IRCWO No.1-Job No. 0923B.doc 28

IRC Work Order No. 1 Masteller, Moler, Reed and Taylor, Inc North County Trans Florida Rail Corridor from 104th Avenue to Sebastian River Middle School May 9, 2011 Page 3 of 3

The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of . theAGREEMENT shall remain in full force and effect, and are incorporated herein.

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


(Signature)

Masteller, Moler, Reed and Taylor, Inc.

(Si ure) Bob Solari, Chairman

:J)i4,q,112 ('/\-~Y /ac 6es~ferif (Printed name and title) 1


ATTEST: Jeffrey K. Barton, Clerk of Circuit Court Witnessed by:

Deputy Clerk

(Printed name)

F:\Public Works\ENGINEERING DIVISION PROJECTS\09238-Trans Florida Greenway (104th Ave to E Line N County Park)\Survey\Work Orders\11-05-09 IRC WO No. 1- Job No. 0923B.doc 29

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30

EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES

Work Order No. 1 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1032

Indian River County Project# 09238

PROJECT: Rails to Trails, Trans Florida Central Railroad CLIENT NAME: Indian River County - Thomas Croonquist SITE Trans Florida Railroad

PHONE: PHONE: MAILING ADDRESS:

Work- (772) 226-1386 Fax - (772) 778-9391 1801 27th Street

ADDRESS: 104th Avenue to North County Park Sebastian, FL 32958

Vero Beach, FL 32960

Rails to Trails, Trans Florida Central Railroad Boundary and Topographic Survey

Pursuant to our Annual Land Surveying and Mapping/GIS Services Contract 1032, MMRT, Inc. is pleased to provide Indian River County with this proposal for performance of a Boundary and Topographic Survey for property located in Indian River County and lying in Sections 21 and 22, Township 031 South, Range 038 East described as and to include the following:

Project Outline and Limits: The Boundary survey limits are generally described as the Trans Florida Central Railroad Right of Way from the west right of way of 104th Avenue to the East boundary of the North County Park. Per the IRC Property Tax Records the property is more specifically defined as the part of the Trans Florida Central. Railroad Right of Way which lies in the West 1/2 of Section 22-31-38 and the East 3/4 of Section 21-31-38, less and except the 102nd Terrace Right of Way as shown on the Plat of 102nd Terrace and recorded in Plat Book 12, Page 59, Public Records of Indian River County, Florida. The Topographic survey limits are defined as the area within the Boundary survey limits and 25 feet outside of the limits on each side and 100 feet each way along all side streets. The approximate length of the 100' wide right of way is 6,700' (1.27 miles).

Scope of Services: Task 1: Boundary Survey

1) Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders.

2) Find, recover and tie into existing survey control, including Section and ¼ Section lines, existing field notes as provided by the County, prior surveys and County Road 512 right of way map. Establish survey baseline, and monument and reference baseline. Horizontal Control shall be based upon the Florida State Plane Coordinate System, East Zone, NAO 83/07.

3) Determine Boundary lines based upon monumentation, current and prior field notes, deeds, plats, surveys, right of way maps etc. Develop and prepare right of way alignment drawing for review. Discuss as necessary.

4) Prepare metes and bounds legal description of boundary survey limits as applicable. 5) Monument property corners as required and prepare Boundary of survey limits prepared in

accordance with the Minimum Technical Standards for surveying as adopted by the State of Florida and per the Project Boundary Map requirements as set forth by the Recreational Trails Program (copy attached).

6) Prepare survey set sheets, including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets. Scale 1"=40'.

· Masteller, Moler, Reed & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-0647

e-mail: [email protected]

31



Indian River County Project# 0923B

Task 2: Topographic Survey

7) Find and recover existing vertical control. Perform bench run and establish benchmarks along the survey corridor at maximum 1000 foot intervals. Elevations shall be based upon the National Geodetic Vertical Datum of 1929 (NGVD 29) with a conversion to the North American Vertical Datum of 1988 (NAVD 88) provided.

8) Field locate and record vertical ground elevation cross sections 25' outside of Boundary survey limits at even 100' baseline stations and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the right of way corridor.

9) Field locate and record vertical ground elevation cross sections 100' each way along side streets, 25' outside the existing rights of way at 50' intervals and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the side street right of way.

1 O) Field locate and record existing improvements and man made features within and 25' outside the boundary survey limits and 100' in each direction along side streets.

11) Prepare Topographic survey in accordance with Minimum Technical Standards. Prepare Final deliverables.

Project Completion and Deliverables:

30% Review (Alignment Review): Indian River County and The SURVEYOR, to meet and review the Project Alignment Review, and ties to and between existing Section Corners, 1/4 Corners and other Government and I or Grant corners, .and review historic alignments and ties between said corners.

60% Review: prior the submittal The SURVEYOR is to ensure that all previous comments have been addressed. Indian River County to review the following items as pertinent to project and mapped on said submittal:

• Existing Right-of-Way and Parent Tract Boundary determinations. • All existing Right-of-Way recording information shown. • All Murphy Reservations and Murphy Releases shown with recording information. • All parcels (subdivision, lot, block and acreage tracts) fully mapped, including all easements

as per recorded plats. All data to be clearly marked with source (i.e. Deed, Plat, Field, Previous Map).

• Baseline staked and referenced, all data shown on maps.


• All buildings and topographic features shown with sufficient labeling to clearly identify all features.

• All encroachments into existing Right-of-Ways fully mapped and dimensioned. • Legal Description submitted for review.

100% Review (prior to Final Deliverables): prior the·submittal The SURVEYOR is to ensure that all previous comments have been addressed. Indian River County to review the following items as pertinent to project and mapped on said submittal:

Masteller, Moler, Reed & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-0647


32



Indian River County Project # 09238

• Review all previous comments to ensure they have been properly addressed.

Final Deliverables - Five (5) paper "hardcopy" signed and sealed set and one (1) signed and sealed MYLAR. Sheeted and model space (as applicable) AutoCAD 2007 or 2010 drawing fiie and PDF formats on CD. ·

Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes/legend/abbreviation sheet, survey horizontal control sheet(s), key sheets, right-of-way plan view sheets. All sheets to be completed on the standard Indian River County border sheet and to comply with standard Indian River County base AutoCad layers.

Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1032 with Indian River County.

I. Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders. Find, recover and tie into existing survey control, including Section and ¼ Section lines, existing field notes as provided by the County, prior surveys and County Road 512 right of way map. Establish survey baseline, and monument and reference baseline. Horizontal Control shall be based upon the Florida State Plane Coordinate System, East Zone, NAD 83/07.

Surveyor 2 hours@$ 120.00 /hr. ........................ $240.00

Field Supervisor 4 hours @ $ 90.00 /hr ............................ $360.00

Survey Crew (2 men) 32 hours @ $ 115.00 /hr ............ , ......... $3,680.00 Total I. .............................................. $4,280.00

II. Determine Boundary lines based upon monumentation, current and prior field notes, deeds, plats, surveys, right of way maps etc. Develop and prepare right of way alignment drawing for review. Discuss as necessary. Prepare metes and bounds legal description of boundary survey limits as applicable.

Surveyor 6 hours@$ 120.00 /hr. ........................ $ 720.00

Survey Technician



33



Indian River County Project # 0923B

24 hours @ $ 75.00 /hr ..................... $ 1,800.00

Total 11 .............................................. $ 2,520.00

Ill. Monument property corners as required and prepare Boundary of survey limits prepared in accordance with the Minimum Technical Standards for surveying as adopted by the State of Florida and per the Project Boundary Map requirements as set forth by the Recreational Trails Program (copy attached). Prepare survey set sheets, including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets in AutoCad format. Scale 1 "=40'.

Surveyor 6 hours @ $ 120.00 /hr ........................ $ 720.00

Survey Technician 20 hours @ $ 75.00/hr ..................... $ 1,500.00

Survey Crew (2 men) 6 hours@$ 115.00/hr ......................... $ 690.00

Tota.I 111 ............................................. $2.910.00

Total 1-111 ..................................... $9,710.00 (Lump Sum)

IV. Find and recover existing vertical control. Perform bench run and establish benchmarks along the survey corridor at maximum 1000 foot intervals. Elevations shall be based upon the National Geodetic Vertical Datum of 1929 (NGVD 29) with a conversion to the North American Vertical Datum of 1988 (NAVO 88) provided.

V.

Surveyor 1 hours@$ 120.00/hr ....................... $ 120.00

Field Supervisor 2 hours@$ 90.00/hr ........................ $ 180.00

Survey Crew (3 men) 16 hours@ $130.00/hr ...................... $ 2.080.00

Total IV .............................................. $ 2,380.00

Field observe and record vertical ground elevations cross sections and all specific points and changes in contour within the right of way corridor and side streets. Field locate and record existing building structures footprint (roadway face only), all man-

Maste//er, Moler, Reed & Taylor, Inc. ,,.-- . · -~., 1655 27th Street, Suite 2

. Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-0647


34



Indian River County Project # 0923B

made above ground and natural features (over head electrical, valves, retention ponds, swales, signs, culverts, roads and etc.) within right of way corridor and 25' outside of right-of-ways

Surveyor 3 hours@ $120.00/hr .................... $ 360.00

Field Supervisor 5 hours @ $ 90.00/hr ..................... $ 450.00

Survey Crew (3 men) 40 hours@$ 130.00/hr. ................... $ 5.200.00

Total V ............................................ $ 6,010.00

VI. Data reduction/drafting of topographic route right of way survey maps in AutoCAD format and prepare all final deliverables.

Surveyor 8 hours@ $120.00/hr ··········:··············$ 960.00

Survey Technician 35 hours @ $ 75.00/hr ....................... $ 2,625.00

Secretary/Word Processor 5 hours@$ 40.00/hr ........................... $ 200.00

Total ll1. ........................................... $ 3,785.00

TOTAL IV-Vl ................................. $12,175.00 (Lump Sum)

Project Total ................................... $ 21,885.00 {Lump Sum)

I, the undersigned, agree to all the terms of this Agreement.

4/27/2011 David Taylor, President Date Masteller, Moler, Reed & Taylor, Inc.



35

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

4\ ~



CONSENT

Christopher R. Mora, P.E., Public Works Direc~tor C,. AND

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

Jn. Thomas J. Croonquist, P.S.M., County Survey~

f Work Order No. 1 - Indian River Survey, Inc. 8th Street (Glend,de Road) Route Survey from 58th Avenue to 20th Avenue IRC Project No. 1049

May 9, 2011


On October 19, 2010, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping/GIS Services Contract 1032 with Indian River Survey, Inc.

Indian River County M.P.O. has designated the 8th Street (Glendale Road) from 58th Avenue To 20th

Avenue as a needed facility as shown in the Comprehensive Bicycle and Pedestrian Plan. This sidewalk project has been requested by residents for many years. This is a Florida Department of Transportation (FOOT) Safe Routes To School grant project which is being submitted for approval this year. The Route Survey is to support the design effort in preparing final plans for construction. Also, this project will follow FOOT Local Agency Program grant procedures. Indian River Survey, Inc. has provided a proposal to complete the Route Survey.

Work Order No. 1 with Indian River Survey, Inc. is to perform applicable professional field and office survey services to accurately define the existing County Right-of-Way and map the existing topographic features along 8th Street (Glendale Road) from 58th Avenue to 20th Avenue and to provide a comprehensive survey document to be filed and maintained within the County repository.

Attached, please find Indian River Survey, Inc. Work Order No. 1 to provide the requested professional Surveying and Mapping services. Indian River Survey, Inc. has submitted a Scope of Services outlined in the attached Work Order No. 1 for a lump sum fee of $54,030.00.

F:\Public Works\ENGINEERING DIVISION PROJECTSl1049_8th St Sidewalk Improvements (58th Ave to 20th Ave)\Survey\Work Orders\11-05-09 Memo BCC Agenda for 8th Street - Job No. 1049.doc

36

Page Two Work Order No. 1 Indian River Survey, Inc. For BCC Agenda May 17, 2011

FUNDING

This project is to be funded through two accounts, for a total lump sum amount of $54,030.00.

Right-of-Way Mapping, funding for this project in the lump sum amount of $25,715.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490 - other Contractual Services

Topographic Surveys, funding for this project in the lump sum amount of $28,315.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 - Annual Survey Services.

RECOMMENDATION

Staff recommends approval of the attached Work Order No. 1, authorizing the above mentioned gr9je_ct a:, outlinl'!d in the attached Scope Qf Service:;;, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf.

ATTACHMENTS

1. Indian River Survey, Inc. Work Order No. 1 2. Location Map 3. Exhibit A - Scope of Services

DISTRIBUTION

1. Indian River Survey, Inc 2. Michael Nixon, P.E., Roadway Production Manager 3. David Silon, P.S.M., Assistant County Surveyor

Indian River County

Administrator

Budget

APPROVED AGENDA ITEM Legal

Risk Management FOR: May 17, 2011

Public Works

Engineering

F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 20th Ave)\Survey\Work Orders\11-05-09 Memo BCC Agenda for 8th Street-Job No. 1049.doc

37

• Board of County Commissioners Administration - Building A


Telephone: (772) 567-8000 FAX: 772-778-9391

Project: 8th Street (Glendale Road) from 58th Avenue to 20th Avenue

Route Survey Indian River County Project 1049

WORK ORDER NO. 1 {Engineering/Surveying) FOR

PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES

WITH Indian River Survey, Inc.

In accordance with Contract No. 1032 2010-2011

This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 19, 2010 between Indian River Survey, Inc. (SURVEYOR) and Indian River County (COUNTY). This Work Order No. 1 amends the agreement as follows:

SECTION I - PROJECT LIMITS

This Work Order No. 1 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Route Survey of 8th Street (Glendale Road) from 58th Avenue to 20th Avenue. Limits include all side street intersections for a minimum 100 feet and all properties associated with the project.

SECTION II - SCOPE OF SERVICES

As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A.

Remainder of page left blank intentionally

F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 2oth Ave)\Survey\Work 3 8 Orders\11-05-09 IRCWO No.1 -Job No.1049.doc

IRC Work Order No. 1 Indian River Survey, Inc · 8th Street (Glendale Road) from 58th Avenue to 20th Avenue May 9, 2011 Page 2 of 3

SECTION Ill - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT

1. Project shall be completed as follows:

a. Time of 100% "Paper Submittal" review (final review prior to request for final deliverables) submittal shall be 180 calendar Days from notice to proceed.

b. Time of Fl NAL project completion shall be within 15 calendar days of receipt of the County's review comments.

2. Deliverables -The SURVEYOR shall provide the COUNTY:

a. 30%, 60%, 90% and 100% Phase Submittals for COUNTY review and comments. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of preliminary submittal. •

b. FINAL five (5) paper "hardcopy" signed and sealed sets and one (1) signed and sealed MYLAR set in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCad drawing file in release 2004 through 2009 and PDF formats on CD.

c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and Project No; survey notes/legend/abbreviation sheet and right-of-way plan view sheets.

d. Work Product and digital versions are to prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large.

e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR'S request for payment.

SECTION IV - COMPENSATION

The COUNTY agrees to pay, and the SURVEYOR agrees to_accept, for the above described services rendered as identified in Sections I, 11, and Ill of this Work Order No. 1, for a total lump sum fee of $54,030.00.

All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 19, 2010 through October 19, 2011.

All invoicing shall include Project Number (1049), Work Order No. 1 (WO 1 ), Contract Number (1032), itemized man-hours and materials expended to complete the Scope of Services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No: 1032 with the COUNTY and as stated in Section 11, Ill and IV hereon.

F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 20th Ave)\Survey\Work Orders\11-05---09 3 9 IRC WO No. 1- Job No. 1049.doc

IRC Work Order No. 1 Indian River Survey, Inc 8th Street (Glendale Road) from 581h Avenue to 20th Avenue May 9, 2011 Page 3 of 3

The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein.

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


(Signature) Bob Solari, Chairman

Approved by sec. ______ _


Deputy Clerk

Approved as to Form and Legal ufficiency:

Indian River Survey, Inc.

(Printed name and title)

Witnessed by:

(Printed name)

F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 20th Ave)\Survey\Work Orders\11-05-09 4 0 IRC WO No. 1- Job No. 1049.doc

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PROPOSAL EXHIBIT "A"

WORK ORDER NO. _1_ (Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services,

Indian River County Contract No. 1032, 2010-2012

Indian River County Project No. 1049 8th Street Route Survey Indian River County Work Order No. 1

Project Limits:

8th Street between 20th Avenue and 58th Avenue (2.5+/- miles)

Right-of-Way Mapping and Topographic Survey Services performed within parts of Section 9, 10 and 11, Township 33 South, Range 39 East, Indian River County, Florida.

Project Scope:

The SURVEYOR shall provide Professional Land Surveying services to include the following:

1) Establish horizontal control network along +/- 13,200 feet within the (Moderate Traffic - Residential Area) Right-of-Way corridor with ties to existing Indian River County Horizontal Control Monument along or closely adjacent to the project corridor

2) Establish horizontal and baseline control of project to Florida State Plane Coordinate System, East Zone, NAD 83/07.

3) Establish baseline and possible offset baseline of Right-of-Way. Set nail and disks (or sufficient monumentation) at all centerline points of intersection PC's, Pl's, PT's and at intervals not to exceed 1,000 feet.

4) Reference Baseline Points, with a minimum of 3 points (preferably 4 points - 2 sets of 2 points) set perpendicular to the baseline and outside of the existing Right-of-Way.

5) Establish and set vertical benchmarks along the topographic route right of way survey not to exceed 700 feet intervals. Benchmarks to be established to Indian River County Vertical Control Datum in NGVD 29, with conversion stated to NAVO 88.

6) Locate and / or establish block corners, lot corners, recover I re-survey section and 1/4 section corners, ties to government lot and section lines along and intersecting the right-of-way corridor.

7) Recover and verify any existing Right-of-Way Maps of the corridor.

8) Prepare Certified Corner Reports (CCR) or update on all found, used and or established sectional control throughout the project

9) Tie into and I re-establish alignment of existing control right-of-way maps at major roadway intersections.

F:\Engineering\Tom Croonquist\Private\BCC Agenda Items\2011\11-05-05 8th Street 1049 - 58th Ave to 20th Ave- Route Survey- IRS\Consent Agenda Support Docs\11-05-09 IRS Proposal.doc

42

10) Indian River County to furnish boundary surveys, recorded plats, Right of Way Maps and/or relevant information helpful to the positioning of the project from Indian River County files. The SURVEYOR will research office archive survey records of relevant adjacent parcel boundary data.

11) The SURVEYOR will utilize the Indian River County property appraiser's tax role website lnformation for the approximate 80 +/- current property ownerships, deed descriptions and possible associated documents. Indian River County will provide owner/encumbrance and title search report if or when necessary, or requested of any adjacent parcel bordering and/or within the established limits along the corridor

12) The Right-of-Way mapping project shall be prepared in a fashion as to model State of Florida Department of Transportation Right of Way Mapping and meet the Indian River County Right of Way check list requirements and guide requirements in scope of task exhibit furnished by Indian River County Surveyor Thomas J. Croonquist. Final plans may be used by the consultant or 3rd parties as base map for any additional Topographic Surveys as determined by the Indian River County via separate work order

13) Field observe and record vertical ground elevations cross sections 25' outside of right way at 100' intervals and all specific points (inverts, bottom of structures, retention areas, etc.) and changes in contour within the right of way corridor.

• Cross sections to be performed at 100' even baseline stations. • All pipes and headwalls are to be indentified by size and materials and clearly state pipe inverts. • All Lateral Canals and Ditches, along with cross drains; shall be located and mapped, identifying

all pipes by size and materials and clearly state pipe inverts.

14) Field observe and record vertical ground elevations cross sections 100' each way on side streets @ 50' intervals and all specific points and changes in contour within the right of way of side streets.

15) Field locate and record existing building structures footprint (roadway face only), all man-made above · ground and natural features (over head electrical, valves, retention ponds, signs, culverts, road and etc.)

within right of way corridor and 25' outside of right-of-way.

16) The SURVEYOR will meet and correspond with Indian River County surveying division staff to review and discuss project progress and data. ·

17) The Topographic Route Right-of-Way Survey shall be prepared in a fashion as to be easily used by the consultant or 3rd parties as base map for any additional Topographic Surveys as determined by the Indian River County via separate work order.

Project is to adhere to provided Indian River County Right-of-Way Map Checklist.

Project Schedule: Time of 30% - 60% - 90% phase submittals from notice to proceed.

30% Submittal shall be made at 60 days after receipt of Notice to Proceed.

60% Submittal shall be made at 60 days after receiving comments back from county of the 30% Submittal.

90% Submittal shall be made at 60 days after receiving comments back from county of the 60% Submittal.

100% "Paper'' Submittal shall be made prior to the Final Deliverables for the project to ensure all previous comments have been addressed.

F:\Engineering\Tom Croonquist\Private\BCC Agenda Items\2011111-05-05 8th Street 1049 - 58th Ave to 20th Ave - Route Survey - IRS\Consent Agenda Support Docs\11-05-09 IRS Proposal.doc

43

Project Completion and Deliverables: Indian River County reserves the right to review and comment on matters that may not listed below.

30% Review (Alignment Review): Indian River County and The SURVEYOR, to meet and review the Project Alignment Review, and ties to and between existing Section Corners, 1/4 Corners and other Government and/ or Grant corners, and review historic alignments and ties between said corners.


• Existing Right-of-Way and Parent Tract Boundary determinations. • All existing Right-of-Way recording information shown. • All Murphy Reservations and Murphy Releases shown with recording information. • All parcels (subdivision, lot, block and acreage tracts) fully mapped, including all easements as per

recorded plats. All data to be clearly marked with source (i.e. Deed, Plat, Field, Previous Map). • Baseline staked and referenced, all data shown on maps. • Begin and end of Right-of-Way Acquisitions properly indentified and mapped.

90% Review: prior the submittal The SURVEYOR is to ensure that all· previous comments have been addressed. Indian River County to review the following items as pertinent to project and mapped on said submittal:

• All data gleaned through review Ownership and Encumbrance Reports properly mapped, including showing all easements within take areas.

• Tab Sheet, if required, completed and current. • All buildings arid topographic features shown with sufficient labeling to clearly identify all features. • All encroachments into existing Right-of-Ways fully mapped and dimensioned. • Legal Descriptions submitted for review.

100% Review (prior to Final Deliverables): prior the submittal The SURVEYOR is to ensure that all previous comments have been addressed. Indian River County to review the following items as pertinent to project and mapped on said submittal:

• Review all previous comments to ensure they have been properly addressed. • Letter of Acceptance from the Engineer of Record, stating the Topographic Surveys and Right-of-Way

Map.

Final Deliverables - Five (5) paper "hardcopy" signed and sealed set and one (1) signed and sealed MYLAR set in adequate recording fashion {I.E. Borders). Sheeted and model space (as applicable) AutoCAD 2007 or 201 O drawing file and PDF formats on CD.

Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes/legend/abbreviation sheet, survey horizontal control sheet(s), key sheets, rightof-way plan view sheets, owner tabula.tion sheets and/or as indicated in the Indian River County supplied Right-of-Way Map "checklist" and scope of tasks exhibit. All sheets to be completed on the standard Indian River County border sheet and to comply with standard Indian River County base AutoCad layers.

Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1032 with Indian River County.

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I. Field reconnaissance; recover existing section lines, ¼ section lines, lot and block corners to establish right-of-ways, set up and monument survey baseline, tie survey to Indian River County Horizontal Control Network. Control Points along baseline to be coordinated with County Surveyor.

Surveyor 40 hours @$110.00 /hr. ................... $ 4,400.00

Survey Crew (2 men) 120 hours @ $ 125.00 /hr. .................. $ 15,000.00

II. Closed level run including bench marks set on control points as well as off-site:

Survey Crew (2 men) 32 hours@ $125.00 /hr .................... $ 4,000.00

Ill. Digital terrain mapping including but not limited to : A) Vegetation, large trees, above ground utilities, street signs and all drainage structures

and drainage pipes. B) Route to include Topo 100' down all side streets, drives and all existing right of ways

North and South of 8th Street corridor. C) Cross sections every 100' along main route extending 25' beyond existing North right of

way line. D) Locate and identify driveways, sidewalks, headwalls, pipe ends, inverts (size, material

and length) North of 8th Street including any drainage pipes crossing to Lateral "B-3" Canal south of 8th Street. · '-

E) Southerly limits along 8th Street will be at the north top of bank of the canal, expanding around any existing drives to include driveway extending 25 feet beyond canal right of way, topo shots around top of bank to an intersection with the southern top of bank, headwalls and culverts noting size and material but excluding inverts.

Survey Crew (2 men) 144 hours@ $125.00 /hr .................... $ 18,000.00

IV. Cad drafting consisting of two stages; first a working draft showing block lines, right-of-way lines and survey baseline, and second being a finished survey:

Surveyor 38 hours @$110.00 /hr .................... $ 4,180.00

Autocad Technician 130 hours@$ 65.00 /hr ..................... $ 8,450.00

Project Total ...•............................... $ 54,030.00 (Lump Sum)

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INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1032-2011 / 2012

FEE SCHEDULE

Project Surveyor ............ $110.00 per hour Two man Field Crew ........ $125.00 per hour Sr. Autocad Technician ..... $85.00 per hour Autocad Technician ......... $65.00 per hour Administrative Assistant ... t40.00 per hour

F:\Engineering\Tom Croonquist\Private\BCC Agenda ltems\2011\11-05-05 8th Street 1049 - 58thAve to 20th Ave- Route Survey- lRS\Consent Agenda Support Docs\11-05-09 IRS Proposal.doc

46


TO: Honorable Board of County Commissioners

THROUGH: Joseph A. Baird, County Administrator

THROUGH: John King, Director tVr,.,, Emergency Services (J/"~

FROM: Paula Caution, 911 Database C~ordinator~a..,(Q.,VL,j--k v1

Department of Emergency Services

DATE: May 10, 2011

SUBJECT: E911 State Grant Application

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

DESCRIPTION AND CONDITIONS:

Staff is seeking Board approval to apply for the E911 State Grant Program, which was established to financially assist counties with required upgrades and replacement ofE911 Public Safety Answering Point (PSAP) equipment. In May 2004, the Board approved a seven (7) year agreement with BellSouth to lease/purchase E911 equipment and telecommunication service lines. The E911 premise equipment we are using at the four (4) PSAPs has performed beyond expectations but is becoming increasingly technologically challenged as the base features for new wireless and Internet Protocol-based communications devices exceed the capabilities of our call-taker and PSAP infrastructure equipment. As a result, our E911 equipment is being asked to perform functions it was never designed to handle.

Insofar as our existing service agreements for the current E9 l l premise equipment is expiring in September 2011, staff is seeking to replace the call-taking, recording and ancillary equipment at the four ( 4) PSAPs over a one ( 1) year phased installation schedule. The Board will recall funding for PSAP upgrades was a planned expenditure and are included in the FY-2010/11 Wireless 911 (120-132) and Communications Center (120-133) approved budgets. Indian River County received funding during the 2010 E91 l State Grant to partially fund the Indian River County Sheriffs Department PSAP equipment replacement. The E911 State Grant application has been opened again for 2011 allowin~ for funding for as many as two PSAPs. Again, the E911 State Grant Program will not fund the entire project but will offset expenditure costs should Indian River County receive an allocation from the E91 I Board.

47

Pursuant to Florida Administrative Code 60FF, the Chairman must sign the grant application before submittal to the E9 l l Board. Subsequent to the E9 l l Board's decision, staff will return to the Board of County Commissioners with recommendations and purchase/service agreements related to the overall project to upgrade the four (4) PSAPs.

FUNDING:

This grant application will not require a match of county funds. The covenants of the E91 l State Grant process this year will allow a county to apply for funding of two PSAPs. Recognizing that we have already received funding from the grant process for the Indian River County Sheriffs Office PSAP we are requesting funding for the Vero Beach Police Department PSAP and the Sebastian Police Department PSAP. Vero Beach's equipment is seven years old and is experiencing regular equipment failures. The Sebastian Police Department PSAP is covered under the same maintenance agreement as our other PSAPs and that agreement will expire this year. It is imperative that we maintain a standard of using the same equipment in all of our PSAPs. Staff feels the E9 l l Board will give greater consideration to their upgrade needs based on the age of equipment and the need for a relocation point during emergencies. To this end, staff is requesting the E9 l l Board for $607,709.90 in equipment upgrades.

RECOMMENDATION:

Staff recommends the Board to authorize the Chairman to execute the attached E9 l l State Grant Application.

ATTACHMENT:

Application for the E9 l l State Grant Program Indian River County Grant Form

APPROVED FOR AGENDA

FOR: May 17, 2011

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GRANT NAME: ,,_9-::.el::.,-l'-'Gran"""'"'t __________________ --"'GRANT # NIA

AMOUNT OF GRANT: $.~6~0~7~70~9~.9~0~--------------

DEPARTMENT RECEIVING GRANT: Emergency Services

CONTACT PERSON: ~J,,,oe,hn"-"Kin"'. ,.g'-------------

I.

2.

3.

4.

5.

How long is the grant for? I year Starting Date:

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

Does the grant require a match?

If yes, does the graut allow the match to be In Kind Services?

Percentage of match N/ A 0%

Grant match amount required $ __ ~N~/~A~----

PHONE NUMBER:. __ _,_77,.,2,c-2.,2.,,6::.-3e,8"'59'---

June I, 2011

___ Yes

___ Yes

___ Yes

__,X'-_No

~X~_No ___ No

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

7.

8.

Acct.

011.12

011.13

012.11

012.12

012.13

012.14

012.17

Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs)

Are you adding any;i.dditional positions uti!ip,;ig the grant funds? If yes, please list. vr additional space is needed, please attach a schedule.)

Description Position Position

Regular Salaries

Other Salaries & Wages (PT)

Social Security

Retirement-Coritributions

Insurance-Life & Health

Worker's Compensation

S/Sec. Medicare Matching

TOTAL

___ Yes ___ No

$, __________ _

___ Yes X No

Position Position Position

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

Salary and Benefits Operating Costs Capital Total Costs

IO. What is the estimated cost of the grant to the county over five years?$, ___________________ _

Grant Other Match Costs Amount Not Covered Match Total

First Year $ $ $ $

Second Year $ $ $ $

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature of Preparer: I. II \/--- Date: May 11, 2011

u ~ 49

County Indian River

t©lPY STATE OF FLORIDA E911 BOARD

E911 STATE GRANT PROGRAM APPLICATION FORM

Total Amount Requested: _$_&_o_7_,7_o_9_.9_o _______ _

Project Title: E-9-1-1 System Upgrade

Vero Beach Police Department PSAP Sebastian Police Department PSAP

1. Board of County Commissioners Chair: Peter D. O'Bryan

Mailing Address: Indian River County 1801 27 ST

City: Vero Beach -----'--..::..:....::---=--=:..:::..:::c_:_____ _______________ _

State: FL Zip: 32960 - 3388 --------- ----'---'----'---'---Phone: ( 772 ) 226-1440 Fax: 772-770-5334 Email Address: [email protected]

2. County 911 Coordinator: John King

3.

Mailing Address: Indian River County Emergency Services 4225 43rd Ave

City: Vero Beach State: ----'F----'L=----------- Zip: 32967 - _1_6_7_1 __ Phone: ( 772 ) 226-3854 Fax: 772-226-3876 Email Address: [email protected]

Federal Tax ID Number: 59-6000674

E911 State County Graut Application, effective 3/1/2011 Page 8 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 E911 State County Grauts

50

County Indian River

COUNTY INFORMATION USE 12 POINT FONT OR LEGIBLE HAND PRINTING

4. County Information

A. County Indian River B. Population 135,167

----'------------------------------C. Total Number of Incoming Nonwireless Trunks Combined Total 27 D. Total Number of Incoming Wireless Trunks NIA E. Number of PSAP's 4

--------------------------F. Number of Call Taker Positions per PSAP Indian River 7 EOC 8 Vero Beach 3

Sebastian 3 G. Total Volume of 911 Calls 85296

------------------H. What equipment is needed to maintain the Enhanced 911 system?

Replacement Customer Premise Equipment I. What equipment is requested in this grant application?

Replacement Customer Premise Equipment J. Financial Information:

1.) What are the current annual costs for your E911 system (circuits, customer records hardware and software, etc.) not including maintenance?

$124,874.33 2.) What are the current annual costs for maintenance of items included in 1.)?

$127,060.53

5. Describe your county's existing E911 system.

Indian River County currently uses Zetron 3200 call taking equipment in all four of our PSAP's. We are using Interact Public Safety software for call taking, GEO and MIS. Our recorders are various makes and models and will not meet the requirements of next generation. Our goal is to implement a system with the same equipment in all of our PSAP's that will both save money but will also make it possible for a call taker to move from one PSAP to another using the same equipment.

E911 State County Grant Application, effective 3/1/2011 Page 9 W Form 3A, incorporated by reference in Fla. Admin. Code R 60FF1-5.003 E911 State County Grants

51

6. Describe the proposed project including any goal(s) and objectives.

This project will require installation of new CPE equipment for the Vero Beach Police Department and the Sebastian Police Department PSAPs.

Upon notification of grant <1ward Indian River County will begin the project to contract with the appropriate vendor after going through the county procurement process. The anticipated schedule is:

0-90 Days - The project procurement for replacement of the Vero Beach Police Department PSAP and Sebastian Police Department PSAP CPE equipment.

91-210 Days - Equipment order placed, awaiting delivery of equipment and preparation of the work area to accommodate the new equipment.

211-270 Days - Equipment installed, acceptance testing of E911 and recording equipment.

Th is project will coincide with the replacement of the CPE equipment in the Indian River County Emergency Sheriff's Department Center PSAP.

This is not a sole source request; Indian River County requested proposals from three CPE vendors including the Local Exchange Carrier. Attached are copies of the responses from the vendors. The proposal used for this grant request is from the Local Exchange Carrier, AT & T using a Positron solution. We will follow Indian River County procurement guidelines and make sure we have all the necessary funding to cover all of the equipment needed for the total project.

7. Justification of the need for the proposed project.

The purpose of this grant request is to replace the current E911 system at the Vero Beach Police Department PSAP and. the Sebastian Police Department's PSAP with one that will meet the goals set forth by the State of Florida's 911 Plan on Enhanced 911 Systems. Our current equipment is aged and experiencing equipment failures on a regular basis. Many times this will cause a workstation to be out of service for twenty four to forty eight hours. The current equipment in all of our PSAPS is under the same maintenance agreement with AT & T. That contract was set for seven years and will expire during 2011.

E911 State County Grant Application, effective 3/1/2011 Page 10 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1-5.003 E911 State County Grants

52

8. Describe why your county will not be able to complete this project without this grant funding.

We currently have $1,355,550 in capital funds budgeted that will allow us to replace a portion of the Indian River County Sheriff's Department PSAP's equipment along with the grant funds received for that project. These funds have been budgeted to replace the same equipment in our Vero Beach Police Department PSAP, the Sebastian Police Department PSAP and the Emergency Operations Center PSAP. Award of this grant would allow us to replace all of our PSAP's equipment at the same time allowing the project to be more cost efficient and allow less liability.

In addition, the recording equipment at our PSAPs is going on seven years old and can not be upgraded to meet the needs of new call-taking equipment. We will be replacing the recording equipment at these PSAP's at the same time and funds for the Indian River County Sheriff's Department PSAP, Vero Beach PSAP and Sebastian PSAP and EOC PSAP will further reduce the amount budgeted for this project.

9. Briefly describe how this grant project would be in concurrence with the State E911 Plan.

To insure continued operations of the county's E911 system, the current CPE equipment needs immediate replacement. Indian River County has through careful planning and a very conservative approach been able to budget $1,355,550.00 for this project. If we can schedule and implement a county wide replacement of equipment we will be able to save thousands of dollars in installation fees and training costs. Our goal is to continue to provide the best possible service to the residents of Indian River County with the least amount of funds. Our ambition is to place the same equipment in each of our four PSAPs creating an environment that is both cost efficient and user friendly to all 911 Call Takers in Indian River County.

10. Describe the required steps and an anticipated schedule or time frame with procurement and payment milestones and completion date.

Indian River County will be completing the bid process for replacement CPE equipment for the Indian River County Sheriff's Office PSAP this month and we are hopeful that once that process is completed we will be able to piggy back the replacement equipment for the remaining PSAPs from this same bid saving the additional time needed for the bid process. In addition to that, we have made arrangements to purchase recording equipment through the HGAC, Houston, Galveston Area Council, purchasing agreement which will also save time.

Orders for all four PSAP's will be placed as soon as the bidding process is completed. Our goal is to have orders placed for all CPE equipment by August 1, 2011 with a delivery date sometime in October, 2011. Ideally, payment for equipment will be scheduled during the bidding process with final payment upon completion. Our objective is to complete the project without having to debt service any of the needed funding.


53

12. Budget/Expenditure Report Prepare an itemized Grant Budget ("Line Item" breakdown should include separated systems, i.e.; E911 System, logging recorder, centerline mapping, etc. and services items). The completed form shall be used to complete quarterly report requirements, listing expenditures and revisions {if any} in a ro riate columns. If there is insufficient s ace, please include details in an attachment. Budget costs should match re uested vendor uote.

County: INDIAN RIVER Grant Number: Report Date:

I For Grant Period Ending: I DI March 31 I DJ June 30 I D I September 30 I D I '.December 31 I Year: I I FIN'i\Ll• I

0,

.i:::..

Proposed Bud_g_et Line Item Unit Price Quantity Total Cost

A. Systems (Hardware, Software, Equipment & Labor)

lnterAct NG911VOIP Telephony Platform Vero Beach Police Department PSAP Sebastian Police Department PSAP

B. Services (Training, Maintenance and Warranty Items) Installation, Warranty and Maintenance Interact NG911 VOiP Telephony Platform Vero Beach Police Department PSAP Sebastian Police Department PSAP

$216,954.00 $216,954.00

" Total System Items

$86,900.95 $86,900.95

Total Service Items Applied County Carry Forward or other Funding (if applicable)

Grant Request Total

USE FOR ALL REPORTS Total Amount of Grant Awarded $ Total Interest for Grant Period $ Final Completion Date:

1 1

1 I

$216,954.00 $216,954.00

$ 433,908.00

$86,900.95 $86,900.95

$ 173,801.90 $

$ 607,709.90

USE FOR QUARTERLY REPORTS Revised I Total Expenditure for Bud_g_et Grant Period

Signature, County 911 Coordinator

E911 State County Grant Application, effective 3/1/2011 Page 13 W Form 3A, incorporated by reference in Fla. Admin. Code R. 60FF1.-5.003 E911 State Connty Grants

11. Sole source justification (if applicable).


55

County Indian River

13. Assurances

ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts all grant terms and conditions. Grantee understands that grants are contingent upon the availability of funds.

DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest accrued (if any), to the Board and any other remedy provided by law.

NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised on the Florida E911 website.

MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained. No substantial changes or departures from the original proposal shall be permitted unless the E911 Board gives prior written authorization. Any unauthorized change will necessitate the return of grant funds, and accrued interest (if any) to the Board.

Failure to utilize grant funds as represented may jeopardize eligibility to be considered for future funding.

14. Authority

I hereby affirm my authority and responsibility for the use of funds requested.

SIGNATURE - CHAIR, BOARD OF COUNTY COMMISSIONERS

Bob Solari Printed Name

ATTESTED TO

APPROVED

DATE

DATE

Atltest: .ij.K. Barton, Clerk

By: --------::c-=:-=-::.. Deputy Clerk

56

TO:

FROM:

DATE:

RE:

Joseph A. Baird County Administrator

INDIAN RIVER COUNTY MEMORANDUM

Robert M. Keating, i\ICP Community Development Di ector

Roland M. DeBlois, AICP ~ Chief, Environmental Planning

May 9, 2011

CONSENT ITEM (ADMINISTRATIVE)

Board Consideration to Approve a Second Revised Conservation Easement for the North Shore Club Preliminary PD Plan/Plat

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of May 17, 2011.


On December 9, 2010, the County Planning and Zoning Commission approved a preliminary PD plan/plat for a 7 lot single-family oceanfront development called the North Shore Club. The ±10 acre development is located just south of the (developed) Disney's Florida Beach Resort, on what is known as Parcel B of the overall Disney Florida Beach Resort PD project site (see attached location map). The subject site, currently owned by North Shore Club, LLC, is zoned RM-6, Residential Multi-Family (up to 6 units per acre).

In 2005, MGD Development, a previous owner of Parcel B, obtained preliminary PD plan/plat approval for a project known as "Ocean Sands," which consisted of 60 multi-family units, 6 accessory units, recreation facilities and other amenities on the site. The 7 lot North Shore Club project supersedes and effectively replaces the Ocean Sands project.

Since the project is greater than 5 acres in size, the developer is required (under County Code Section 929.05) to provide for the preservation of native upland habitat areas on the site. In accordance with the previously approved conceptual PD plan for the overall Disney Florida Beach Resort, a minimum of 1.89 acres of native uplands is required to be preserved on Parcel B. In this case, the North Shore Club preliminary PD plan will modify and expand the previous upland conservation area of Parcel B that was formally established via a recorded plat of the Beach Resort project. Under the North Shore Club project, the upland conservation area of Parcel Bis being expanded from 1.89 acres to 2.47 acres.

To account for revisions to the previously established (and recorded) conservation easement, North Shore Club, LLC is obligated to record a revised conservation easement, subject to approval by the County and

1

57

by the Florida Department of Environmental Protection (FDEP). To that end, the attached "Second Revised Conservation Easement" for the North Shore Club project is herein presented for Board approval.

ANALYSIS

The original conservation easement that is being modified for the North Shore Club project was established and recorded in 1994 as a part of the overall Disney Florida Beach Resort PD. That easement was subsequently revised in 2006, in conjunction with the Ocean Sands project. As such, the attached proposed easement is a "second revised" conservation easement. As written, the Second Revised Conservation Easement will replace and supersede the previous recorded conservation easements.

In that the overall Disney Florida Beach Resort PD includes construction seaward of the State Coastal Construction Control Line (CCCL), the FDEP is a Grantee under the easement, as well as Indian River County. FDEP staff (and county attorney staff) have reviewed the easement document and find it to be legally sufficient.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners approve the attached Second Revised Conservation Easement and authorize the Board Chairman to sign the easement on behalf of the County.

ATTACHMENTS:

I. Location map. 2. Depiction of the North Shore Club Planned Development Replat. 3. Second Revised Conservation Easement. 4. Survey sketch and legal description of Parcel B ("Exhibit A" of the easement). 5. Survey sketch and legal description of the upland conservation area ("Exhibit B" of the

easement).

APPROVED: I,R,County AP:nroved Date Admin. /I u

,,, Legal "

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Risk Mgr. , ,

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58

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NORTH SHORE CLUB PLANNED DEVELOPMENT A REPLAT QF A PORTION OF DISNEY VACATION CLUB AT VERO BEACH A CONDOMINIUM

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Return to: Florida Department of Environmental Protection c/o Molly Edson 3900 Commonwealth Blvd. MS 300 Tallahassee, Florida 32399

SECOND REVISED CONSERVATION EASEMENT

This Second Revised Conservation Easement is made this_ day of ___ , 2011, by and between NORTH SHORE CLUB, LLC, 21 Royal Palm Pointe, Suite 100, Vero Beach, Florida ("Grantor"), INDIAN RIVER COUNTY ("COUNTY"), a political subdivision of the State of Florida, and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION("DEPARTMENT") ("Grantees"):

WITNESS ETH

WHEREAS, Grantor is the sole fee simple owner of certain real property situated in Indian River County, Florida, and more specifically described in Exhibit "A", attached hereto and incorporated herein (the "Property"); and

WHEREAS, Grantor requested: (I) Preliminary PD Plan/Plat Approval (PD- I 1-01-02/2003010058-66029) from Indian River County; and (2) a permit from the State of Florida Depmiment of Environmental Protection ("FDEP"), FDEP Permit IR- 842, to construct certain improvements on the Property, some of which are seaward of the coastal construction control line;

WHEREAS, the establishment of a conservation easement is required by Indian River County Code Section 929.05 with respect to native plant communities which occur on the Property, and

WHEREAS, DEPARTMENT Permit No. IR-842 (Permit) authorizes certain activities which alter, excavate, and construct on property seaward of the established coastal construction control line (CCCL); and

WHEREAS, pursuant to section 161.053(4), F.S., the DEPARTMENT may reqmre mitigation as a condition of the permit to offset impacts to the beach-dune system; and

WHEREAS, a conservation easement on the Property was established and recorded at OR Book I 039, Page 2590, Public Records of Indian River County, Florida, on November 17, 1994 (the "Original Conservation Easement"); and

WHEREAS, a revised conservation easement on the Property was established and recorded at OR Book 2075, Page 1556, Public Records oflndian River County, Florida, on June 21, 2006 ( the "Revised Conservation Easement");

WHEREAS, the projects associated with the established Original Conservation Easement and Revised Conservation Easement, as to Parcel B, were not and will not be built; and

ATTACHMENT 3

61

WHEREAS, the Grantor and Grantees agree it is of mutual benefit to replace, supersede and relinquish the Original Conservation Easement and the RevisedConservation Easement with this Second Revised Conservation Easement solely as to the Property (Parcel B, see Exhibit "A"), and in lieu of and in place thereof, enter into this Second Revised Conservation Easement on the Property; and

WHEREAS, Grantor, in consideration of the Preliminary PD Plan/Plat Approval and FDEP Permit IR- 842, granted separately by the Grantees, desires to grant and secure to the Grantees, the Second Revised Conservation Easement, as defined in Section 704.06, Florida Statutes, over the Property.

NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions herein, the Preliminary PD Plan/Plat Approval and FDEP Permit IR-842 granted separately by the Grantees, and together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon and across the Conservation Area of the Property described in Exhibit "B", attached hereto and incorporated herein, which shall run with the land and be binding upon Grantor, and shall remain in full force and effect forever.

Purpose and Intent. It is the purpose and intent of this Second Revised Conservation Easement to ensure the Conservation Area is retained and maintained forever predominantly in the natural, vegetative, hydro logic, scenic, and open condition existing at the time of execution hereof and to retain such area as suitable habitat for plants or wildlife, consistent with Section 704.06, Florida Statutes.

1. Prohibited Activities. Except for activities allowed by the Preliminary PD approval and FDEP Permit IR-842 , and the trimming of vegetation in compliance with applicable standards and criteria, and for restoration, enhancement, and maintenance, the following activities are prohibited in the Conservation Area:

Page 2 of9

a. Construction or placing of structures on, above, or below the ground including, but not limited to: buildings, roads, signs ( other than those marking the conservation easement), billboards or other advertising, utilities, or other structures, except 6 dune walkovers;

b. Dumping or placing of soil or other substances or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials;

c. Removal or destruction of trees, shrubs, or other vegetation, with the exception of nuisance, invasive, exotic, or nonnative plant species;

d. Planting or seeding of exotic or nuisance species or other plants that are outside their natural range or zone of dispersal and have or are able to fonn selfsustaining, expanding, and free-living populations in a natural community with which they have not previously associated;

e. Exploration for or extraction of oil or gas, and excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface;

f. Surface use except for the purpose that permit the land or water area to remain predominantly in its natural condition;

62

g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, including, but not limited to, ditching, diking, dredging, and fencing;

h. Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas; and

i. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of the property having historical, archaeological or cultural significance.

j. The use of All-Terrain Vehicles, other than those used for land management activities.

2. Maintenance of Conservation Area. Grantor shall have the right to restore, enhance, and maintain the Conservation Area as provided by County ordinance, and in The North Shore Club Subdivision Declaration of Covenants, Conditions and Restrictions, and the Conservation Management Plan, as Recorded in the Official Records of Indian River County. The North Shore Club Subdivision Declaration of Covenants, Conditions and Restrictions, and the ConservaJion Management Plan are incorporated by this reference.

3. Reserved Rights. a. Grantor reserves unto itself, and its successors and assigns, all rights accruing

from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Second Revised Conservation Easement.

b. Notwithstanding anything to the contrary herein, Grantor shall be entitled to selectively remove plants and to perform such activities and plantings in the Conservation Area as are reasonably necessary to enhance or improve native species habitat as approved or required by local, state, or federal jurisdictional agencies. Native vegetation shall not be removed from the Conservation Area without prior written approval by Grantees.

c. Notwithstanding anything to the contrary herein, Grantor reserves the right to petition Grantees for written authorization to traverse the Conservation Area with underground utilities. Provided such utilities are installed with minimal disturbance to the Conservation Area and further provided any such disturbance shall be remedied by Grantor by replanting of native vegetation species equal in density, type (if practicable), and ecological value, to that which existed prior to placement of the utilities, Grantees' authorization shall not be unreasonably withheld.

4. Rights of Grantees. To accomplish the purposes stated herein, Grantor conveys the following rights to Grantees:

Page 3 of9

a. To enter upon and inspect the Property in a reasonable manner and at reasonable times, including the right to use vehicles and all necessary equipment, to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Second Revised Conservation Easement.

63

b. To proceed at law or in equity to enforce the provisions of this Second Revised Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Second Revised Conservation Easement.

5. Public Access. No right of access by the general public to any p01iion of the Property is conveyed by this Second Revised Conservation Easement.

6. Grantees' Discretion. Grantees may enforce the terms of this Second Revised Conservation Easement at their discretion, but if Granter breaches any term of this Second Revised Conservation Easement and Grantees do not exercise their rights under this Second Revised Conservation Easement, Grantees' forbearance shall not be construed to be a waiver by Grantees of such term, or of any subsequent breach of the same, or any other term of this Second Revised Conservation Easement, or of any of the Grantees' rights under this Second Revised Conservation Easement. No delay or omission by Grantees in the exercise of a..T1y right or remedy upon any breach by Grantor shall impair such right or remedy or may be construed as a waiver. Grantees shall not be obligated to Granter, or to any other person or entity, to enforce the provisions of this Second Revised Conservation Easement.

7. Grantees' Liability. Grantor shall be responsible for any and all liability, loss, damage, expense, judgment or claim (including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor's use and ownership of or activities on the Property, the use by or activities of Grantor's agents, guests, lessees or invitees on the Property, or the use by or activities of third parties on the Property, and shall indemnify and hold the Grantees harmless from same. Neither Grantor nor any person or entity claiming by or through Grantor shall hold the Grantees liable for any damage or injury to person or personal property which may occur on the Property. Furthermore, the Grantor, shall indemnify and hold harmless the Grantees from all liability, any injury or damage to the person or property of third parties which may occur on the Property.

8. Hazardous Waste. Grantor covenants and represents that no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Property, and that there are not now any underground storage tanks located on the Property. Granter further indemnifies the Grantees from any and all liability arising out of any subsequent placement or discovery of hazardous or toxic material on the property. In the event such material is discovered, Grantor shall be responsible for bringing the Property into compliance with all environmental laws related to hazardous substances and toxic wastes.

9. Assignment of Rights. The DEPARTMENT and COUNTY agree to hold this Second Revised Conservation Easement exclusively for conservation purposes and they will not assign their rights and obligations under this Second Revised Conservation Easement except to another organization qualified to hold such interests under applicable state laws.

Page 4 of9

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I 0. Acts Beyond Grantor's Control. Nothing contained in the Second Revised Conservation Easement shall be construed to entitle Grantees to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant irtjury to the Property or to persons resulting from such causes.

11. Responsibilities of Parties. Grantor, its successors or assigns, shall take responsibility for any costs or liabilities related to the operation, upkeep or maintenance of the Property. In addition, Grantees, their successors or assigns, shall have no responsibility for any costs or liabilities related to the operation, upkeep or maintenance of the Property.

I 2. Taxes: Grantor shall pay before delinquency any and all taxes, assessments, fees, and other charges of whatever description levied on or assessed by competent authority on the Property, and shall furnish the Grantees with satisfactory evidence of payment upon request.

13. Recording in Land Records. Grantor shall record this Second Revised Conservation Easement and any amendments hereto in a timely fashion in the Official Records of Indian River County, Florida. Grantor shall pay all recording costs and taxes necessary to record this Second Revised Conservation Easement in the Public Records.

14. Successors. The covenants, terms, conditions and restrictions of this Second Revised Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property.

15. Subsequent Deeds. Grantor shall insert the tenns and restrictions of this Second Revised Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor further agrees to give written notice to Grantees of the transfer of any interest at least twenty days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Second Revised Conservation Easement or limit its enforceability in any way.

16. Notices. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest.

17. Enforcement Costs. If the Grantees prevail in an enforcement action, it shall be entitled to recover costs, including expert witness fees, as well as the reasonable cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Second Revised Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned Permit. These remedies are in addition to any other

Page 5 of9

65

remedy, fine or penalty which may be applicable under Chapters 161, 3 73 and 403, Florida Statutes, or at law or in equity.

18. Alteration or Revocation. This Second Revised Conservation Easement may be amended, altered, released or revoked only by permit modification as necessary and written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the Public Records in Indian River County.

19. Severability. If any provision of this Second Revised Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Second Revised Conservation Easement shall not be affected thereby, as long as its purpose is preserved.

20. Controlling Law. The interpretation and performance of this Second Revised Conservation Easement shall be governed by the laws of the State of Florida.

21. Baseline Documentaiion Report. The specific conservation values of the property are documented in the Baseline Documentation Report associated with this Second Revised Conservation Easement. The Baseline Documentation Report, prepared by Bio-Tech Consulting, Inc., and dated March 3 I, 2011, consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation Report is maintained in the offices of the Florida Department of Envirornnental Protection and is incorporated by this reference. A copy of the Baseline Docurnentation Report is available from the Department on request.

TO HA VE AND TO HOLD unto the DEPARTMENT and COUNTY forever. The covenants, terms, conditions, restrictions and purpose imposed with this Second Revised Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property.

Grantor hereby covenants with said DEPARTMENT and COUNTY that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Second Revised Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Second Revised Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Area hereby conveyed against the lawful claims of all persons whomsoever.

IN WITNESS WHEREOF, the undersigned have approved and executed this Second Revised Conservation Easement on this loll,_ day of H"TI , 2011.

Page 6 of9

66

l~£<ht0 6A-R.RE"T(

Print/Type Name of Witness

STA TE OF FLORIDA COUNTY OF INDIAN RIVER

f{c,,y-.~t'A- Iv'\..,_,., "';;%( Title ofxecutiI{g Authority

The foregoing instrument was acknowl~ed before me this 1?-= day of 'J----,/ (1~. , 2011, by .~ ill • ,;an I .Cc,.rl<'. , 1--'J@_)"-£1- ~"::, of North Shore Club, LLC. He/she is ')l personal] 1own to me or __ produced

as identifica2i,ion~ _. J ~ -~;=:fti ~ ~

11.i-~"' f,11"'· N P bl' •0 .-•••,;''o LAUREN F. HAMILTON y u 1c

* .~ • MY COMMISSION I EE 05/495 .,,~, EXPIRES: Febrnary 7, 20.16

.,,l'/,OFf\.d<--~ Bol!OOd Thru BlKlget ~otary Service$ Print Name: la--¼ vJ,? 1/l r- ~ YM .' / 1:-5~ My Commission expires: 2 / '1 / L0 / S

Page 7 of 9

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Approved:

County Administrator

Attest: Jeffrey K. Barton, Clerk of Court

By: ___________ _ Deputy Clerk

Approved as to form

Deputy County Attorney

WITNESSES:

Original Signature


Original Signature

Pages of9

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: __________ _ Bob Solari, Chairman

BCC Approved: ______ _

FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION

By:-------------Original Signature of Executing Authority

Typed/Printed Name of Executing Authority

Title of Executing Authority

68


STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me this __ day of ____ _ 201 I, by _________ ----------of _____________________ ___, on behalf of North Shore Club, LLC. He/she 1s personally known to me or __ produced _____________ as identification.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

DEP Attorney

Page 9 of9

Notary Public

Print Name: -----------My Commission expires: ______ _

69

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CORALSTONE CONDO

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1/J>f"K COUNTY, FlOfllDA SEA OAKS VII

(/JIIPWIFIJ} aR.8. ~ PA<Sl" lflJ

PiJBIJC RECCW/JS IT INOIAN 1/J>f"K COUNTY, FlOfllDA

SEA OAKS IV (IINPlATTED)

. PORlffi tT SECl/0// 26-JIS-J/1£

P.O.B. BEING THE SOUTH CORNER OF PARCEL B FLORIDA BEACH RESORT PLANNED DEVELOPMENT, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 30A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FD PRM PLS# 2805 N 1244551.4938 E 852171.8026

L 11f049_NORTI< SHOA.€\10--049_N0RTH SHORE\<lw!jn0-0•9-<IOUNOARY&lEGIIL."'"'II. ;,,u;on ~ 01 !,a PM, »pt,,,.,JO< lXXl f'<;;l 6. EJ Ii

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~ c Legend & Abbreviations:

PIS - Pfl(T£5Sf(JfALWI05U'11£lt11 PSM - Pfl(T£5Sf(JfAL 5lA'1l£ltl1 .t IIAPP£R LB - WIO 5Ui'lflWG I/USIESS POC - PONT rT Ct»l£NCEJIENT" PIXi - Pfl/T OF 8£/JNNIIG POT - Pl1NT OF 1ERJINIJS FO - FrJMJ /RC - R(ll RaJ a, CN' SEC - SEC1ll1I R/W - 1/JGIIT OF WAY

Plat of Survey for: NORTH SHOR£ CLUB, LLC.

T;pe: SKETCH OF LEGAL DESCR/PllON NOT A BOUNDARY SURVEY

PROJ. NO. OWN. BY: CKD. BY: DAT£: SCALE:

10-049 £J.H. S.A.H. 12/7/10 1·=200'

11/E SIGNA 7UR£ AND 11/E ORIGINAL RAISED SfAl. OF 11/E FLORJOA R£QSlfR£D 5URl£l'tl'? AND MAPPER NAJ,1£1) HEREON 'M/10/ SIGNA 7UR£ AND SfAl. MAY BE FOOND AT TH£ £/ID OF 11/E ATTAC//£0 R£PORT TH£ PUT AND R£PORT AR£ NOT FULL AND CO!/Pf.£T£ ltlTHOOT ONE ANOTHER.

Report of Survey· {Project #10-049)

• TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION

NOT A BOUNDARY SURVEY

• THIS SURVEY PERFORMED BY:

M ERi DiAN LAND SURVEYORS 1717 INDIAN RIVER BLVD. SUITE 201

VERO BEACH, FLORIDA 32960-0864

• PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:

• CHARLES H. BLANCHARD P.S.M.#5755

EXHIBIT ·~ II

' THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL . STANDARDS AS ESTABLISHED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE.

, THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N31°07'57"W, ALONG THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A

• NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED.

LEGAL DESCRIPTION:

PARCEL 8, FLORIDA BEACH RESORT PLANNED DEVELOPMENT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 30 AND 30A, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

ALSO KNOWN AS,

FROM THE SOUTHEAST CORNER OF GOVERNMENT LOT 7, SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, RUN NORTH 00"28'45" WEST 84.56 FEET TO A POINT ON THE EAST RIGHT OF WAY OF STATE ROAD A1A FOR THE POINT OF BEGINNING; THENCE RUN NORTH 31"07'57" WEST ALONG SAID EAST RIGHT OF WAY OF STATE ROAD A1A A DISTANCE OF 1449.07 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE AFORESAID GOVERNMENT LOT 7; THENCE RUN SOUTH 89"59'57" EAST, ALONG THE SAID NORTH LINE OF GOVERNMENT LOT 7 A DISTANCE OF 546.22 FEET, TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AS RECORDED IN PLAT BOOK24, PAGE 99, PUBLIC RECORDS OF INDIAN RIVER COUTY, FLORIDA; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN SOUTH 33°22'09"EAST, 148.85 FEET; THENCE RUN SOUTH 32"02'33"EAST, 204.60 FEET; THENCE RUN SOUTH 36'29'04"EAST, 7.98 FEET TO A POINT ON THE EAST LINE OF THE AFORESAID GOVERNMENT LOT 7; THENCE RUN SOUTH 00'28'41" EAST A DISTANCE OF 936.24 FEET TO THE POINT OF BEGINNING, BEING ALL THAT PART OF SAID GOVERNMENT LOT 7 LYING EAST OF THE EAST RIGHT OF WAY OF STATE ROAD A1A.

MERIDIAN LAND SURVEYORS

1717 Indian River Blvd., Suite 201 Vero Beach, FL 32960 Phone: 772-794-1213

Fax: 772-794-1096 Email: [email protected]

,./') /,1,_ I I 1· I! .,

CHARLES H. BLANCHARD P.S.M #5755 _____________________________ ,m __________ _,

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PiAT BfX¥<' ,,. PAGE JO SECTION 26 TOWNSHIP 31 SOUTH OF Tl/£ PIJBIJC RECOfll}S OF RANG

/NO/AN RflC/1 /:0/JNTY, fl&ll)A E 39 EAST

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, ~'a> 99-107, OF THE PUBLIC RECORDS OF INDIAN

:<& RIVOl COUNTY, ~:IDA. ~

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aRB. 77,1, PAGE 229,I \ ✓ , '\, PLAT 80f¥.,Jf;. PAGE \:' All AS R£CCWiJ£/) AV »I£ \ \ ~ , ~OF 7H£ rutR.I(, R£i 'S OF

TIE PIJBIJC REaJIIDS OF 1/111,fJ( ~-'<l \ , RflC/1 COON , fla//OA =- n-• \ 42!1,tl9 ~ NPU\" cotlflY, """"' ', U1f ~

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L-10 L-11 L-12 L-13 L-14

ITs' L-16 L-17 L-18 L-19

L-20 L-21 L-22 L-23

L-24 L-25 L-26

L-27 L-28

L-29 L-30

L-31

LINE TABLE LENGTH I BEARING

309.93 148.82 364.17

24A9 44.34 38.79 -44.34 59.34 41.70 41.70 41.70 55.13 40.30 40.30 403a 53.95 40.04 40.04 . 40.04

53.43 40.92 40.92 40.92· 57.17

42.99 42.99 42.99 61.68

133.99 427.87

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N00"28'41"W N32°34'53"W S31 '"51'59'W N32"34'53"W N31"51'59"E

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S41"01'08"W N32'"34'53-W N41"01'08"E N32'"34'53"W S50"28'42"W N32"34'53"W

N50"28'42"E N32"34'53"W S60"07'28"W

N32"34'~~"W N60"0T25"E

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tT TH£ Pfl8/JC RECORDS OF IIIJIAN RJIC/1 CIJIJNTY, fl&ll)A

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PIJBIJC N£COIIJJS OF IIIJIAN RJIC/1 COUNTY, ~

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P.O.B. BEING THE SOUTH CORNER OF PARCEL B

200 I

FLORIDA BEACH RESORT PLANNED DEVELOPMENT, AS SHOWN ON TI-IE PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE30A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FDPRM PLS#2805 N 1244551.4938 E852171.8026

r--

~ MERIDIAN LANO SURVEYORS "" ::~N;~~ ,., ..... , __

Legend le Abbreviations: . PIS - Pl/aESSKMAI. UN) .IUIIOtl!

~ ILJ

PSI,/ -~ 5U'1l£lQI .t IIAPPE/1 LB - ' -UN) 5Ui\flm lllJSl'/£SS POC - PC/NT IF CIJIIIEJWEJIT f'(lJ - PC/NT IF B£C/IIIIIG POT - PC/NT IF 7EJ//MJS Lt'\ FD - Fl1NI RC - m/ROO~ CAP scr: - 5EC1KII /!,'Ir· - IIICHT IF ""-Y 1-tlR.B. - IIFFICIN. R£Ca//J soac :::e:: F,Ar/A- FfJRJERI.Y - AS U,,

::E Plat of Survey for: :::c

NORTH SHOR£ CLUB, UC. ~ .... Ii

R£V/S£0 4-28-11 P£R I. R. COUNTY SURV£YOR - CHB

Type: $KITCH OF L£GAL 0£SCR/PT/ON NOT A BOUNDARY S/JRV£Y

PROJ. NO. OWN. BY: CKD. BY: OAT£: SCAL£:

10-049 £J.H. S.A.H. 12/7/10 1'=200'

1H£ SJGII}, TUR£ AND 1H£ ORIGINAL RAISED SEAL OF 1H£ fl.alllM REGIS1ERED 511/lfltW ANO IIAPPfR NA/l£D HER£/XI llflla/ SJGII}, TUR£ AND SEAL /IA Y BE FOONO AT 111£ END /l-" 111£ ATTAa/ED REPORT 1H£ PUT ANO REPORT All£ NOT FlJli. AND catP!£1E _111/IOOT ON£ AN01HER.

Report of Survey· {Project /10-049) TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION

EXHIBIT "B" *

NOT A BOUNDARY SURVEY

* THIS SURVEY PERFORMED BY:

MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD. SUITE 201 VERO BEACH, FLORIDA 32960-0864

* PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:

* CHARLES H. BLANCHARD P.S.M.#5755 THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE.

* THE BEARING BASE FOR THIS SURVEY IS N31 '07'57''W, ALONG THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, AS SHOWN ON THE PLAT OF FLORIDA BEACH RESORT PLANNED DEVELOPMENT, RECORDED IN PLAT BOOK 14, PAGE 30, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA

• NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED.

LEGAL DESCR!P T/ON: A PORTION OF LAND LYING IN SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. AND ALSO BEING A PORTION OF PARCEL "B", FLORIDA BEACH RESORT PLANNED DEVELOPMENT, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 30A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TO BE USED AS A CONSERVATION EASEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF SAID PARCEL "B"; THENCE RUN N31'07'57"W (BASIS OF BEARINGS) ALONG THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 309.93 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE RUN N58"51'47"E, A DISTANCE OF 148.82 FEET; THENCE N00'28'41"W, A DISTANCE OF 364.17 FEET; THENCE N32'34'53"W, A DISTANCE OF 24.49 FEET; THENCE S31 '51'59"W, A DISTANCE OF 44.34 FEET; THENCE N32'34'53"W, A DISTANCE OF 38.79 FEET; THENCE N31'51'59"E, A DISTANCE OF 44.34 FEET; THENCE N32'34'53"W, A DISTANCE OF 59.34 FEET; THENCE S41'01'08"W, A DISTANCE OF 41.70 FEET; THENCE N32'34'53"W, A DISTANCE OF 41.70 FEET; THENCE N41'01'08"E, A DISTANCE OF 41.70 FEET; THENCE N32'34'53"W, A DISTANCE OF 55.13 FEET; THENCE S50'28'42"W, A DISTANCE OF 40.30 FEET; THENCE N32'34'53"W, A DISTANCE OF 40.30 FEET; THENCE N50'28'42"E, A DISTANCE OF 40.30 FEET; THENCE N32'34'53"W, A DISTANCE OF 53.95 FEET; THENCE S60'07'28"W, A DISTANCE OF 40.04 FEET; THENCE N32'34'53"W, A DISTANCE OF 40.04 FEET; THENCE N60'07'25"E, A DISTANCE OF 40.04 FEET; THENCE N32'34'53"W, A DISTANCE OF 53.43 FEET; THENCE S69'36'11'W, A DISTANCE OF 40.92 FEET; THENCE N32'34'53"W, A DISTANCE OF 40.92 FEET; THENCE N69'36'01"E, A DISTANCE OF 40.92 FEET; THENCE N32'34'53"W, A DISTANCE OF 57.17 FEET; THENCE S78'54'57"W, A DISTANCE OF 42.99 FEET; THENCE N32'34'53"W, A DISTANCE OF 42.99 FEET; THENCE N78'54'57"E, A DISTANCE OF 42.99 FEET; THENCE N32'34'53"W, A DISTANCE OF 61.68 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 20 FOOT CORALSTONE ACCESS EASEMENT AS SHOWN ON THE AFORESAID PLAT OF FLORIDA BEACH RESORT PLANNED DEVELOPMENT PARCEL "B"; THENCE S89°59'57"E ALONG SAID SOUTH LINE OF SAID 20 FOOT ACCESS EASEMENT, A DISTANCE OF 133.99 FEET; THENCE LEAVING AFORESAID. EASEMENT LINE, RUN S31'26'48"E, A DISTANCE OF 427.87 FEET TO A POINT ON THE EASTERLY LINE OF AFORESAID PARCEL "B" AND ALSO BEING A COMMON LINE WITH UNPLA TTED SEA OAKS CONDOMINIUM; THENCE S00'28'41"E ALONG SAID COMMON LINE, A DISTANCE OF 855.36 FEET TO THE POINT OF BEGINNING.

SAID PARCEL OF LAND CONTAINS 107,447 SQ, FT. (2.47 ACRES) MORE OR LESS.

MERIDIAN LAND SURVEYORS

1717 lndlan River Blvd., Sulla 201 Vero Beach, FL 32960 Phone: 772-794-1213

Fax: 772-794-1096 Email; [email protected]

THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER

[11 A4t\ t~w. 1LJ \_ ~~ l\'-lt>l\

CHARLES H. BLANCHARD P.S.M #5755 7 -------------------=--------------------------------·--.... 2.\10·049_NORTrl SHORE\l0·049_NORTH SHORE\dwg\10·049-CmllSERVAT!ON EASE.dw~, 4/28/201l 10;56:17 AM. \\NEW-4UDMBIF!P9'}\hn I A<l'rlPt noo Prl " I ..it~, M

10A1--B.C.C. 05.17.11

C/fia!cf INDIAN RIVER COUNTY

ATTORNEY

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

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND.

MEMORANDUM

Board of County Commissioners

Alan S. Polackwich, Sr., County ~f May 11, 2011

Pain Management Clinic Ordinance

On July 20, 2010, the Board of County Commissioners adopted Ordinance 2010-16 which established a moratorium until June 8, 2011 on the issuance of business tax receipts (formerly occupational licenses) for pain management clinics. The ordinance also directed staff to work with the Sheriff and other interested parties to develop a permanent ordinance.

As directed, staff coordinated with the Sheriff, the Tax Collector (who administers business tax receipts), representatives of several municipalities, representatives of local law enforcement agencies, a local physician deeply involved in the issue, and other interested parties. Over a period of approximately four months, staff reviewed ordinances from other municipalities and counties, developed a proposed ordinance for Indian River County, and held two workshops to obtain ideas and feedback. Staff also emailed copies of the proposed ordinance to local physicians who might be impacted by the ordinance. The proposed ordinance which resulted from this effort was presented to the Board on April 12, 2011, and the Board directed that the ordinance be noticed for public hearing and final adoption. On May 2, 2011 notice was published for a public hearing on May 17, 2011.

APPROVED FOR MAY 17, 2011 Approved

B. C. C. MEETING -ATTORNEY'S MATTERS

Cg~ CO[ffeTYATTORNEY Risk Mgr.

F:\A/romeylLinda\GENERAL\B C C!Agenda Memos\Poin Clinics - Ordinance ].doc

74

Board of County Commissioners May II, 2011 Page Two

The matter was complicated when, on May 6, 2011, the Florida Legislature adopted new legislation regulating pain management clinics and the dispensing of controlled substances. As of the writing of this memo, the governor had not yet signed the new legislation. Also, even if he signs it, it will not go into effect until July 1, 2011. Under these circumstances, the County Attorney decided to move forward with the current proposed ordinance for adoption on May 17, 2011. Then, to the extent changes are required based on the new legislation, a revised ordinance will be brought forward around July 1, 2011.

The proposed ordinance is intended to send the clear message that pain management clinics which operate illegally and prescribe excessive amounts of controlled substances will not be tolerated in Indian River County. At the same time, the ordinance is designed not to overburden legitimate clinics which operate within the law. · · ·

Primary features of the proposed ordinance include:

• A comprehensive list of prohibited activities designed to reach any clinic which operates illegally

• A requirement that every pain management clinic obtain a permit from the county or municipality, which can be suspended or revoked if the clinic operates illegally. Submittal of an application, containing all significant information and certifications, is required before the permit can be issued

• A requirement that similar certifications be provided to the Tax Collector before a business tax receipt can be issued. The business tax receipt can also be revoked if the clinic operates illegally

• A prohibition against onsite dispensing of controlled substances, except as specifically authorized by state or federal law ·

• A prohibition against excessive dispensing of controlled substances at pharmacies, and a requirement that a licensed pharmacist be on duty at all times that controlled substances are dispensed

• A series of enforcement mechanisms, including temporary and permanent suspension or revocation of the permit or business tax receipt, penalties up to $500 per day of violation, imprisonment up to six months, and an injunction or other order closing down a clinic which operates illegally. Due process is afforded through all stages of enforcement

• A process for implementation and enforcement of the ordinance within municipalities

F:'.A11omey\Linda\GENERALIB C ClAgenda MemoslPain Clinics - Ordinance 2.doc

75

Board of County Commissioners May 11, 2011 Page Three

• A final provision urging the County, all municipalities and all law enforcement agencies to cooperate and coordinate their efforts to implement and enforce the ordinance in an effective and consistent manner

The ordinance will apply to all existing and future pain management clinics. Existing clinics will have 60 days to obtain a permit.

RECOMMENDATION.

The County Attorney recommends that the Chairman open the public hearing for public comment, close the public hearing after public comment is received, and that the Board then consider adoption of the proposed ordinance.

ATTACHMENT(S).

Proposed Ordinance

ASP:LAC Attachment

F:IA11orney\liru/olGEN£RAL\/J C C\Agendo Menws\l'ain Clinics - Ordina~ce 2.doc

76

ORDINANCE NO. 2011-__

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "THE INDIAN RIVER COUNTY PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES ORDINANCE"; REGULATING AND PROHIBITING CERTAIN ACTIVITIES RELATING TO THE OPERATION OF PAIN MANAGEMENT CLINICS AND PHARMACIES PRESCRIBING AND DISPENSING CONTROLLED SUBSTANCES; AND PROVIDING FOR SEVERABIL TY, A GENERAL REPEALER AND AN EFFECTIVE DATE.

WHEREAS, pursuan! to artjcle VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, Indian River County has broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of Indian River County; and

WHEREAS, the Florida Legislature, in chapter 2009-198, Laws of Florida, found that controlled substances are too often diverted in Florida, often through fraudulent means such as pain management clinics and pharmacies which prescribe and dispense excessive amounts of controlled substances; that there is a criminal element that facilitates an epidemic of abuse of controlled substances through illegal profits derived from the operation of pain

· management clinics and pharmacies; that thousands of deaths have occurred in Florida from lethal dosages of controlled substances prescribed by pain management clinics and dispensed by pharmacies; and that such misuse of controlled substances hurts. the State of Florida significantly in terms of lost lives, increased crime, human misery from addiction, and escalation of health care costs and Medicare fraud that all Floridians ultimately bear; and

WHEREAS, studies in Florida have found that pharmacies whose sales of controlled substances (as a percentage of the pharmacy's total prescription sales) significantly exceed industry standards, are often operated in conjunction with and as accessories to pain management clinics which prescribe excessive amounts of controlled substances; and

WHEREAS, the Broward County Grand Jury has investigated and reported on the rapid proliferation of pain management clinics in South Florida; the excessive prescribing and dispensing of controlled substances through such clinics; the increased deaths resulting from lethal dosages of controlled substances; the increased crime, including burglaries and robberies in areas where such clinics operate; the identity theft and organized criminal activities linked to pain management clinics which prescribe excessive amounts of controlled

1

77

substances; the increased drug trafficking in controlled substances originating from such clinics; and other impacts harmful to the public health, safety and welfare; and

WHEREAS, newspapers and other media reports have described the "pipeline" that is used by drug traffickers purchasing controlled substances from pain management clinics and pharmacies in Florida and illegally selling the controlled substances to abusers in other states; and

WHEREAS, law enforcement official,s in Indian River County, including the Indian River County Sheriff and municipal police officials, have reported that, based on the proximity of Indian River County to 1-95, and considering the expansion of pain management clinics northward toward Indian River County from counties located to the south, there will be a proliferation of pain management clinics in Indian River County, and such clinics will have a direct and immediate impact which is harmful to the public health, safety and welfare of the residents of Indian River County if appropriate, protective measures are not taken by the Board of County Commissioners. Law enforcement officials have also reported a significant increase in deaths in Indian River County caused by lethal dosages of controlled substances; and

WHEREAS, the Indian River County Tax Collector and various municipal officials have received numerous telephone calls inquiring whether Indian River County or its municipalities have ordinances regulating pain management clinics, suggesting that Indian River County has already become a target for such clinics; and

WHEREAS, many residents of Indian River County have experienced personal tragedies within their own families as a result of abuse of controlled substances; and

WHEREAS, many counties and municipalities in Florida have adopted moratoriums or permanent ordinances regulating the operation of pain management clinics or pharmacies which prescribe or dispense excessive amounts of controlled substances; and

WHEREAS, the Board adopted a moratorium on the issuance of business tax receipts for pain management clinics in Ordinance 2010-16, which moratorium is scheduled to expire on June 8, 2011; and

WHEREAS, as directed by the Board in Ordinance 2010-16, staff has worked diligently with representatives of the Indian River County Sheriffs Office, representatives of municipal police forces, representatives of most of the municipalities located within the County, and with other concerned organizations and residents to develop measures to prevent the proliferation of pain management clinics and pharmacies which pr~scribe and dispense excessive amounts of controlled substances; and

2

78

WHEREAS, the Board finds that the proliferation of such pain management clinics and pharmacies in Indian River County is a direct and immediate threat to the public health, safety and welfare of the residents of Indian River County,. and that the measures set forth in this ordinance are reasonable and necessary to prevent the harmful impacts of such pain management clinics and pharmacies; and

WHEREAS, it is not the intent of this ordinance to interfere with legitimate pain management clinics and pharmacies which operate lawfully and do not prescribe or dispense excessive amounts of controlled substances,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

Section 1. Enactment Authority.

Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County.

Section 2. Legislative Findings.

The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board.

Section 3. Creation of New Chapter.

Chapter 315 of the Code of Indian River County, Florida is hereby created to read as follows:

CHAPTER 315. PAIN MANAGEMENT CLINICS AND CONTROLLED SUBSTANCES

Section 315.01. Title.

This Ordinance shall be known as the Indian River County Pain Management Clinic and Controlled Substances Ordinance.

Section. 315.02. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

(1) "Pain management clinic" shall mean a privately owned pain management clinic, facility, or office ("clinic") which advertises in any medium for any type of pain management services, or employs a physician or an

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osteopathic physician, or any other health care provider who is authorized to prescribe or dispense controlled substances, who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substances, unless

a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes;

b. The majority of physicians who provide services in the clinic primarily provide surgical services;

c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million;

d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows;

e. The clinic does not prescribe or dispense controlled substance medications for the treatment of pain; or

f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3).

Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc.

(2) "Applicable law" shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law;

(3) "Board" shall mean the Indian River County Board of County Commissioners;

(4) "Controlled substance" shall mean a controlled substance listed in Schedules 11, Ill, or IV in section 893.03, Florida Statutes.

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(5) "Department" shall mean the Indian River County Community Development Department.

(6) "Pharmacy" shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County.

(7) "Pain Clinic Responsible Party" shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to 458.3265(1 )(c) or 459.0137(1 )(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter

(8) "Pharmacy Responsible Party" shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter.

Section 315.03. Prohibited Activities.

Each of following activities shall be prohibited and shall constitute a violation of this Code:

(1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04;

(2) Operation of a pain management clinic without a valid and current business tax receipt;

(3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes;

(4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information;

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(5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05;

(6) Operation of a pain management clinic or pharmacy in violation of applicable law;

(7) Prescribing or dispensing of controlled substances in violation of applicable law;

(8) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration;

(9) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic;

(10) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b} despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; or

(11) Failure to advise the Department of any change in any information, statements, facts or circumstances, as required by section 315.04(10).

Section 315.04. Permit Required for Operation of Pain Management Clinic.

(1) Permit Required. After the effective date of this ordinance, no pain management clinic shall operat~ by any means in Indian Ri.ver County without a valid and current pain· management clinic permit issued by the Department; provided, however, that any pain management clinic in

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existence as of the effective date of this ordinance shall have sixty (60) days to obtain a valid and current pain management clinic permit.

(2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information:

a. The name and address of the pain management clinic;

b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances at the pain management clinic;

c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes;

d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated;

e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes;

f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person;

g. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any

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county or municipal board, comm1ss1on or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances in violation of applicable law; and

h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law.

(3) Permit Application Fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the application.

(4) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency:

a. The applicant fails to pay the required permit application fee; or

b. The applicant fails to submit all information and statements required in subsection (2) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information.

(5) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) and none of the facts set forth in subsection (4) is found to exist.

(6) Term of Permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (5).

(7) Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06.

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An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal.

(8) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction, in the event that:

a. The information or statements submitted to obtain issuance or renewal of the permit contained materially false information;

b. The permit holder, or any Pain Clinic Responsible Party, has engaged in activity prohibited by section 315.03;

c. The permit holder, or any Pain Clinic Responsible Party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances in violation of applicable law; or

d. The permit holder is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes, or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal.

(9) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (8) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be

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sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not · to exceed six (6) months; provided, however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County.

(10) Change in Information or Statements. The permit holder shall notify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a - h above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a - h are no longer completely true and accurate. Such notificatL011 shall be provided within thirty (30) days of the change.

Section 315.05. Business Tax Receipt for Pain Management Clinic.

No pain management clinic shall operate by any means in Indian River County without having been issued a valid and current business tax receipt pursuant to this section and chapter 207 of this Code. As a condition of issuance of a business tax receipt for a pain management clinic, the owner or operator shall (a) provide proof that it holds a valid and current permit issued pursuant to section 315.04, and (b) execute and deliver to the Tax Collector a sworn statement containing substantially the same certifications as the statements required by section 315.04(2) g and h. If, during the term of the business tax receipt, the pain management clinic no longer holds a valid and current permit issued pursuant to section 315.04, or operates contrary to the sworn statement, or engages in any activity prohibited by section 315.03, the business tax receipt shall be subject to revocation by the Tax Collector or by a court of competent jurisdiction.

Section 315.06. Onsite Dispensing of Controlled Substances at Pain Management Clinic Prohibited.

The on-site dispensing of controlled substances at a pain management clinic is prohibited, unless specifically authorized by applicable law.

Section 315.07. Excessive Dispensing of Controlled Substances by Pharmacy Prohibited.

No more than twenty percent (20%) of the prescriptions filled at a pharmacy located in Indian River County during any thirty (30) day period shall be prescriptions for controlled substances listed in Schedule II, section 893.03, Florida Statutes. Any

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pharmacy which dispenses controlled substances shall be staffed and supervised by one or more pharmacists duly licensed by the State of Florida, at least one of whom shall be present during all hours that the pharmacy is open for dispensing controlled substances; provided, however, that these restrictions shall not apply to a pharmacy which operates within or as an accessory to a facility described in section 315.02(1) a through f.

Section 315.08. Inspections.

To the extent permitted by law, staff charged with the enforcement of this chapter shall have the right to enter upon the premises of a pain management clinic or a pharmacy and conduct such inspections as are reasonably necessary to determine compliance with the requirements of this chapter.

Section 315.09. Enforcement.

A pain management clinic, Pain Clinic Responsible Party, pharmacy, Pharmacy Responsible Party, landlord or property owner found to be in violation of this chapter, and any other person found to have actively participated in such violation, shall be subject to the any one or more of the following penalties or remedies, in addition to any other penalty or remedy available in law or in equity:

(1) Any penalty or remedy authorized under section 100.05 of this Code, including, without limitation, a penalty up to $500 per day, with each day of noncompliance constituting a separate violation, or imprisonment up to six months, or both. A violation of this chapter shall be deemed a public nuisance and may be abated as provided by this Code or by law;

(2) Revocation or non-renewal of the pain management clinic permit or business tax receipt; or

(3) Any order, injunction or other relief necessary to prevent the continued operation of the pain management clinic or pharmacy in violation of this chapter, including, without limitation, an order requiring the pain management clinic or pharmacy to terminate all operations in Indian River County.

Except as otherwise set forth herein, enforcement may occur through proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction.

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Section 315.10. · Conformity to State and Federal Law.

Whenever in this chapter reference is made to a state or federal statute, rule or regulation, or a definition is utilized that is based upon a state or federal statute, rule or regulation, the intent of this ordinance is to refer to such statute, rule or regulation, or utilize such definition, as amended from time to time.

Section 315.11. Geographic Application.

This chapter shall apply throughout the incorporated and unincorporated areas of Indian River County, except to the extent that a municipality has adopted or adopts an

. ordinance in conflict with this ordinance.

Section 315.12. Implementation in Municipalities.

To the extent that this chapter applies within an incorporated municipality, the municipality shall perform those actions, and shall be authorized to perform those actions, which are required or authorized to be performed by the County hereunder. Such actions may be performed by (a) the municipal board (including the municipal council), department, official or employee Whose purpose and function most closely resemble that of the County board, department, official or employee required or authorized to perform the action hereunder, or (b) by any other municipal board (including the municipal council), department, official or employee designated by the governing body of the municipality. All actions with respect to business tax receipts, as set forth in section 315.05 or otherwise, shall be performed by the municipal official or staff responsible for performing such actions with respect to business tax receipts within the municipality; all references to Code provisions shall refer to the comparable provisions of the municipal code or charter. Notwithstanding the above, the County and the municipality shall have concurrent jurisdiction to enforce this chapter with respect to violations occurring within the municipality.

Section 315.13. Cooperation Among Public Entities and Agencies

All public entities and agencies having jurisdiction with respect to the subject matter of this ordinance, including, without limitation, the County, the municipalities and all law enforcement agencies, are urged to cooperate and coordinate their efforts to implement and enforce this chapter in an effective and consistent manner.

Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect.

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Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Without limitation, Ordinance No. 2010s16 is hereby repealed and replaced by this ordinance.

Section 6. · Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State.

This ordinance was advertised in the Vero Beach Press Journal on the __ day of ____ , 2011, for a public hearing to be held on the __ day of ___ _, 2011, at which time it was moved for adoption by Commissioner -----,-,-------,-----~ seconded by Commissioner _________ _, and adopted by the following vote:

Chairman Bob Solari

Vice-Chairman Gary C. Wheeler


Commissioner Joseph E. Flescher

Commissioner Peter D. O'Bryan

The Chairman thereupon declared the ordinance duly passed and adopted this __ day of ___ _,2011.

ATTEST: Jeffrey K. Barton, Clerk

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

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By:------------Bob Solari, Chairman

EFFECTIVE DATE: This Ordinance was filed with the Department of State on the __ day of _____ _, 2011.

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COMMUNITY DEVELOPMENT

FEE RESOLUTION

TO: Joseph A Baird; County Administrator

FROM:

DATE: May 4, 2011

SUBJECT: Consideration of Establishing Fees for Pain Management Clinic Permits and Related Appeals

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2011.

BACKGROUND

At its May 17, 2011 meeting, the Board of County Commissioners (Board) will consider adoption of a pain management clinic ordinance. If adopted, the ordinance will require owners or operators of pain management clinics located within the unincorporated area to obtain a pain management clinic permit from the County Community Development Department. Furthermore, the ordinance mandates that the Board establish fees for processing permit applications, appeals of permit denials, and appeals of permit suspensions. According to the proposed ordinance, the amount of such fees shall be sufficient to recover the county's approximate cost of processing applications and appeals.

To address the fee establishment requirement of the proposed ordinance, planning staff coordinated with the County Attorney and prepared a resolution that establishes fees for pain management clinic permits and related appeals (see attachment #1). Staff has also prepared a pain management clinic application form (see attachment #2) and established permit application process and review requirements. The Board is now to consider adoption of the proposed fee resolution.

ANALYSIS

Through the pain management clinic permitting process, staff will need to coordinate with local law enforcement and the state health department to verify applicant information. Although no staff site inspections will be required, technical and professional staff will be involved in the permit review and approval process. Given those factors, it appears that the pain management clinic permit process will be similar to the review and approval process for a site plan administrative approval. Under the county's existing development review fee schedule, administrative approval applications require a $200.00 application fee. For that reason, staff proposes a $200.00 pain management clinic permit application fee.

F:\Community Development\Users\CurDev\BCa201 l BCC\5-17-11 PainClinicFees.rtf 1 90

Because permit renewals (required every two years under the pain management clinic ordinance) require the filing of up-to-date clinic information and a complete re-review, staff also proposes a $200.00 fee for "renewal" permits.

At its April 12, 2011 meeting, the Board considered a draft of the pain management clinic ordinance and discussed the ordinance requirement that any pre-existing clinic will be required to obtain a permit within 60 days of the ordinance's effective date. After discussion, Board members expressed a desire to not charge owners/operators of pre-existing clinics for their initial clinic permit. Since the April 12th meeting, however, the County Attorney has determined that the county may not waive the permit fee for a preexisting clinic without also waiving the permit fee for new clinics. As an alternative, the county could waive all pain management clinic permit fees for the first ± 60 days that the pain management clinic ordinance is in effect. While such a waiver would grant fee relief for any pre-existing clinic as well as any proposed new clinic, the financial effect to the county would be negligible because it is unlikely that the connty will receive many (if any) permit applications for new pain management clinics within the first± 60 day period. Consequently, staff proposes "no charge" for clinic permit applications received on or before July 18, 2011. That date is a Monday and is 62 days after the May 17th adoption hearing. As structured, a $200.00 fee will be charged for any pain management clinic permit applicatioll{eceived after July 18, 2011. ·

Finally, staff has determined that an appeal of either a permit denial or a permit suspension will require Board consideration, will involve extensive coordination with local law enforcement, the state health department, and the County Attorney's Office, will require preparation of a staff report for the Board, and will require staff presentations (including testimony) to the Board. Given those factors, it appears that both types of appeals will require staff work similar to appeals of development-related decisions. Since appeals of development related decisions require an $800.00 fee under the county's existing development review fee schedule, staff proposes an $800.00 fee for processing appeals of pain management clinic permits and an $800.00 fee for processing appeals of pain management clinic permit suspensions.

In staffs opinion, the proposed fees will be sufficient to recover the County's approximate cost of processing pain management clinic permit applications and related appeals.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners adopt the attached resolution establishing fees for pain management clinic permit applications and related appeals.

ATTACHMENTS:

1. Proposed Fee Resolution 2. Draft Pain Management Clinic Permit Application Form (Unincorporated County)

Indian River County APPROVED AGENDA ITEM:

Administrator FOR: -;.._---1--'""""-""""b-.,_,--r:=!"""'4.----- Legal

Budget

Risk Management

Department I F:\Community Development\Users\CurDev\BCC\2011 BCC\5-17-11 PainClinicFees.rtf 2 91

RESOLUTION 2011-

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING FEES ASSOCIATED WITH PAIN MANAGEMENT CLINIC PERMIT APPLICATIONS AND RELATED APPEALS

WHEREAS, the Board of County Commissioners has the authority to establish fees pursuant to Florida Statutes Chapter 125, and

WHEREAS, regulations for pain management clinics have been adopted which require the county to review and process pain management clinic permit applications and related appeals, and

WHEREAS, the costs to review and process pain management clinic applications and related appeals have been estimated by the county, and

WHEREAS, the adopted regulations require pain management clinic permits to be obtained for pre-existing pain management clinics as well as proposed pain management clinics, and

WHEREAS, the Board of County Commissioners desires to provide an initial period of approximately 60 days during which permit application fees are waived for initial applicants, and

WHEREAS, the Board of County Commissioners desires to properly assess the costs to review and process pain management clinic permits and related appeals.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that the following fees are hereby established:

ITEM FEE 1. Initial pain management clinic permit application submitted on or before No Charge

July 18, 2011

2. Pain management clinic permit application submitted after July 18, 2011 $200.00

3. Renewal of pain management clinic permit $200.00

4. Appeal of pain management clinic pennit denial $800.00

5. Appeal of pain management clinic permit suspension $800.00

PASSED AND ADOPTED on this ___ day of ______ ~ 2011. The foregoing resolution was offered by Commissioner _________ and the motion was seconded by Commissioner _______ ~ and upon being put to a vote, the vote was as follows:

Chairman Bob Solari

Vice Chairman Gary C. Wheeler

Commissioner Joseph E. Flescher

F:\Community Development\Users\CurDev\RESOLUTION\2011 Resolutions\Pain Clinic Res 2011-_.rtf

RESOLUTION 2011-


Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this ____ day of, _______ 2011.

ATTEST:

BY:

Jeffrey K. Barton County of Indian River

Deputy Clerk


BY: -------------Bob Solari, Chairman

I HEREBY CERTIFY that on this day, before-me, and officer duly authorized in this State and County to take acknowledgments, personally appeared ________ , and _________ as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ------~ AD., 2011.

Notary Public

APPROVED AS TO LEGAL SUFFICIENCY

BY: Alan S. Pola&wich, Sr., County Attorney

APPROVED AS TO PLANNING MATTERS

BY:

F:\Community Development\Users\CurDev\RESOLUTION\2011 Resolutions\Pain Clinic Res 201 lw_.rtf 12 93

Indian River County Community Development Department

PAIN MANAGEMENT CLINIC PERMIT APPLICATION UNINCORPORATED COUNTY

Date Stamp Name of pain management clinic: _______________________ _

Site Address: ______________________________ _

Mailing Address of Applicant·-------~---------------

E-mail Address of Applicant. _______________________ _

Tax Parcel ID# for site: _________________________ _

»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 1. Information on clinic owners, officers, supervisors, prescription writers, physicians

A. Name of Clinic Owner or Business Entity: Check One:

D Single owner or business entity

Address: D Multiple owners or business entities If multiple owners or business entities own the clinic, then attach the name and address of each

Phone#: and every owner or business entity

E-mail:

B. Name of clinic business entity officer, manager, or Check One: partner: • Not Applicable

D Single officer, manager, or partner

Address: D Multiple officers, managers, or partners If multiple officers, managers, or partners, then attach the name and address of each and every

Phone#: officer, manager, or partner

E-mail:

C. Name of person managmg or superv1smg clinic Check One: activities: D Single manager or supervisor

D Multiple managers or supervisors

Address: If multiple managers or supervisors, then attach the name and address of each and every manager or supervisor

Phone#:

E-mail:

Al l~~ .... Jm F:\Community Development\Users\CurDev\Applications\PainManagernentClinicPennitApp.doc Page I of 3

D. Name of person prescribing or administering Check One: controlled substances at the clinic:

Address: -----------------

Phone#: -----------------E-mail: ------------------

2. Information on the clinic responsible physician:

Name: _________________ _

Address: -----------------

Phone#: ______________ _

E-mail: ------------------

D Single prescription writer or administer

D Multiple prescription writers or administers If multiple prescription writers or administers, then attach the name and address of each and every prescription writer or administer

Check One:

D Single responsible physician or osteopathic physician

D Multiple physicians If multiple physicians, then attach the name and address of each and every physician

3. Information on the owner of the clinic site/buildine::

Name: ------------------Address: _______________ _

Phone#: _______________ _

E-mail: ________________ _

Applicant name and relationship to the clinic (print):

Check One:

D Single person or entity owns the real property

D Multiple persons or entities own the real property If multiple persons or entities own the real property, then attach the name and address of each owner

Signature: _____________________ Date: ___________ _

»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 4. Attach the following:

A. Letter of authorization from real property owner.

B. Letter of Authorization from clinic owner.

C. Permit fee ($200.00) [Note: no charge for applications submitted on or before July 18, 2011]

ATTACHMENT F:\Community Development\Users\CurDev\Applications\PainManagementClinicPermitApp.doc Page2 of3 9~

D. Proof that the clinic is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes

E. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person

F. A sworn statement certifying that within the ten (10) years prior to submittal of this application, neither the pain management clinic, nor any person identified in this application, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances in violation of applicable law. Use the sworn statement wording below.

G. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified in this application, will, during the term of the permit, be operated in compliance with applicable law. Use the sworn statement wording below.

Term of Permit: two years from the date of issuance. Permit renewal requires filing a new application. Allow at least 20 days for application issuance.

SWORN STATEMENT FOR THIS APPLICATION

STATE OF FLORIDA COUNTY OF INDIAN RIVER

BEFORE ME, the undersigned authority, personally appeared ___________ _

who, upon oath, states that he/she has read the foregoing----------------~

which he/she has executed, and the facts contained therein are true and correct.

(NOTARY SEAL)

Print Name: ---------------NOTARY PUBLIC - State of Florida

Personally Known D or Produced Identification D

Type ofidentification Produced: _______________ _

ATTACHMEtfT

F:\Community Development\Users\CurDev\Applications\PainManagementClinicPennitApp.doc Page3 of3

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MEMORANDUM

TO: Joseph A. Baird County Administrator

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

FROM: Phillip Matson~ MPO Staff Director

DATE: May 10, 2011

Departmental Matters

SUBJECT: Request to Enter Into an Intermodal Program Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation for Improvements to Aviation Boulevard

It is requested that the data provided herein be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of May 17, 2011.

BACKGROUND

At its April 12th, 2011 meeting, the Board of County Commissioners considered approval of a

supplemental Joint Participation Agreement with FDOT to allocate an additional $2.4 million in Intermodal funds to the Aviation Boulevard (43 rd Avenue to US 1) widening and intermodal improvement project. That project was initially programmed in 2003, with the City of Vero Beach responsible for managing the project. Since then, project design has proceeded and is virtually complete, while grant funding obtained for the project now totals $6,190,772 (including the $2.4 million in Intermodal grant funds).

Instead of approving the $2.4 million JP A with•FDOT at its April 12th meeting, the Board requested additional project information. Specifically, the Board directed staff to prepare a report to be submitted to the Board that addresses various project issues, including the road's most recent construction cost estimates, concurrency status, funding for the project, needed right-of-way, jurisdictional responsibilities, and other factors. This is that report.


The widening of Aviation Boulevard has been listed as an MPO road improvement project since 2000, when it was included in the MPO's 2025 Long Range Transportation Plan (LRTP) - Cost

/Ji¥)_

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Feasible Plan. Like other MPO LRTP projects, Aviation Boulevard ranked high based on present congestion, future demand, emergency evacuation, intermodalism, freight movement, system connectivity, and project cost. Because Aviation Boulevard was anticipated to become a congested facility in the future and because it met several other LRTf> criteria, the project received a relatively high priority and was programmed as an intermediate range project in the 2025 Cost Feasible Plan.

• Preliminary Project Funding

Once Aviation Boulevard was included in the LRTP, MPO and County staff worked to identify funding and initiate project implementation. That included the County requesting that FDOT provide Intermodal grant funds for Aviation Boulevard wi_dening and access improvements. Those funds are awarded by FDOT on a discretionary basis to projects that serve multiple modes of transportation and relieve congestion on the state highway system. In 2004, Aviation Boulevard received the County's first ever Intermodal grant in the amount of $1.6 million. To receive the grant, the County was required to provide a match in the amount of $1.6 million. The source of funding for the County match was Indian River County District 2 traffic impact fees.

• Proi ect Implementation

Consistent with state grant program requirements, the Board of County Commissioners, on November 9, 2004, adopted a Resolution approving a Joint Participation Agreement (JPA) between FDOT and Indian River County for Intermodal funding for the project. Subsequently, the County and the City of Vero Beach entered into an interlocal agreement whereby the City would undertake the design and construction of the Aviation Boulevard (43 rd Avenue and US 1) project, with County and state funds paying design and construction costs.

After adoption of the County/City interlocal agreement, the County assisted the City in selecting a consultant and negotiating a design contract for the project. As approved, the design contract requires Kimley-Horn and Associates to complete the engineering design phases of the project (including preliminary and final design, surveying, and permitting) for the sum of $975,000.

In 2006, design of the project began. Since the County was considering the widening of a number of roads in the area, including 43 rd Avenue (from 26th Street to 18th Street) and 26th Street west of 43 rd

Avenue, the scope of the Aviation Boulevard design project was expanded at the County's request to include transitional areas for 43 rd Avenue and 26th Street west of 43 rd Avenue.

Since then, the County and MPO have also applied for and received additional FDOT matching funds for the project through a number of grant programs. Those funds include $1.2 million from FDOT's County Incentive Grant Program (CIGP); $990,000 through the Transportation Regional Incentive Program (TRIP); and $2.4 million that will be added to the original Intermodal grant with BCC approval of the Intermodal Program Supplemental Joint Participation Agreement that is the subject of this staff report.

• Design and Implementation Issues

As design of the project proceeded, several concerns regarding the project were identified. The most significant concern at this time is project funding. Even though $6.1 Million in grant funding has been allocated to the Aviation Boulevard project, those grant funds must be matched with local funding sources, such as impact fees and gas taxes. Recently, however, both impact fee and gas tax

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revenues have dropped considerably. Other concerns include ongoing maintenance costs; right-ofway acquisition; and contractual issues. Those concerns, and a discussion of possible options with respect to the concerns, are described below.

• Maintenance Issues

In the course of permitting the project, the City realized that widening Aviation Boulevard from two to four lanes would result in railroad crossing maintenance fees more than doubling to $15,000 per year. While the Indian River County/ City of Vero Beach Interlocal Agreement designating the City as manager of the Aviation Boulevard project states that roadway maintenance is the responsibility of the City, the City's contention is that railroad crossing expenses are an unanticipated cost of the project and should be shared by both parties. Because Aviation Boulevard (43rd Avenue to US 1) is a City road located completely within the City, the County's position is that the railroad maintenance cost, like all maintenance costs associated with City-owned and City-operated streets and rights-ofway, remains the sole responsibility of the City. County staff feels that using County funds to pay for ongoing maintenance costs of City facilities sets a poor precedent. As of this time, the railroad maintenance cost issue has not been resolved.

• Right-of-Way Costs

Under the current project design, a small amount of right-of-way will have to be acquired, mostly at intersection and driveway connections. It is estimated that the necessary parcels for the Aviation Boulevard segment can be acquired for approximately $70,000. While the City of Vero Beach has made purchase offers to the owners of that right of-way, the needed property has not yet been acquired.

• Project Need

Because of the decrease in transportation-related revenue in recent years, staff reevaluated the priority of projects in the Capital Improvement Element (CIE). That prioritization considered both congestion and available funding.

With respect to congestion, peak hour demand on Aviation Boulevard was as high as 696 trips in 2007. At that time, volumes on the road exceeded 80% of available capacity. Recently, however, demand has been decreasing on roadways throughout the County. As a result, traffic counts now show Aviation Boulevard operating at only 70% of capacity. While traffic volumes on Aviation Boulevard are expected to increase as the economy recovers, many other CIE priorities, such as 66th

Avenue, 43rd Avenue, and Oslo Road, demonstrate higher levels of current and vested demand. Based solely on current traffic, Aviation Boulevard is ainong the busier 2-lane roadways in the County. The attached table shows a comparison between Aviation Boulevard and selected other 2-lane roadways:

Roadway Limits Peak Hour Traffic /Direction) SRAIA (SB) 1 7"' Street - SR 60 669 43'" Avenue (SB) 12"' Street-16"' Street 671 43'" Avenue (SB) 16"' Street - SR 60 652 37"' Street (EB) US 1-IRB 633 Aviation Blvd (WB) US 1-43ra Avenue 608 58t

" Avenue (NB) 41 st Street - 45t" Street 525

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Despite the high current volumes of traffic on Aviation Boulevard, however, concurrency is not a problem on the roadway. At present, the roadway's available capacity totals more than 250 trips. In fact, only 16 vested trips are currently assigned to Aviation Boulevard east of 43rd Avenue. That vested trips number is lower than it has been in the past because several proposed projects on or near that segment of Aviation Boulevard, including the 780 home Heritage Reserve project, as well as single family, townhouse, hotel, and commercial development projects within the corridor, have been postponed or withdrawn. As the economy recovers, however, those projects can be expected to come back on line. When that occurs, counted and vested trips on Aviation Boulevard will increase, and the need to widen the road will become a higher priority.

The county is also proceeding with other east-west network improvements, including the construction of 53rd Street between 58th Avenue and US 1. It is anticipated that, when complete, 53 rd

Street will have a small but positive impact on congestion on Aviation Boulevard.

• Construction Costs

In 2006, the Aviation Boulevard project design consultant developed a preliminary cost estimate of $16,800,000 for construction of the project. That estimate, however, included a substantial number of roadway enhancements and was also developed during a period of high construction costs. Since that time, staff has compared the preliminary cost estimate to the actual construction cost of a more typical roadway project and revised the cost estimate. The revised estimated construction cost of the project is $12,000,000. Because of the recent decrease in roadway construction costs, it is possible that the entire project can be constructed for less than $12 million. Since $6 million in grant funding is available for the project, the amount of construction funding needed from impact fees, gas taxes, and other sources will be in the $6 million range.

According to the County's Budget Office, available funding for road projects has declined substantially over the last several years. Between 2007 and 2011, the five-year Capital Improvements Program (CIP) for transportation projects decreased by roughly 62%. Consequently, many road projects have either been delayed or completely removed from the five-year spending plan. As a result, the County has retained eight priority projects, accounting for $62 Million in total estimated costs, in the CIP. Those eight projects include Aviation Boulevard, which has been allocated $11.2 million in total funds (including $5 .2 million in grant funds and $6 million in local funding).

At the same time that the design of Aviation Boulevard has progressed, the County has proceeded with development of the seven other priority construction projects. Not only have right-of-way and construction expenses for those eight projects placed a strain on the CIP, but the County must, on a continuous basis, revise the revenue estimates included in'the second-through-fifth years of the CIP in light of current transportation revenue collection trends. At this time, the County anticipates having to revise its future estimates of transportation revenue downward even further, and this could result in delaying one or more of the eight priority projects.

In addition to the eight priority projects, many major road projects are only partially funded in the 5-year CIP. Partially funded projects include CR 510 between CR512 and U.S. I; 66th Ave. between 49th Street and 77th Street; 66th Ave. between 77th Street and Barber Street; and 43rd Ave. between 12th Street and 18th Street. Those projects, along with mariy others, may not be completed for many

4

100

years due to a lack of funding. If Aviation Blvd. construction is delayed, then other necessary improvements could be advanced with those funds.

• Revised Design Costs

In 2005, the County anticipated total design, survey, and permitting costs of $600,000 for the Aviation Boulevard project. That amount, however, was an approximation of cost based on available funding. Once a consultant was selected for the project, that cost estimate proved to be too low. In fact, the actual negotiated cost of those tasks was $975,190.

At the same time that the design of Aviation Boulevard was proceeding, the County began undertaking the widening of 43rd Avenue from 26th Street/Aviation Boulevard to 18th Street. Since the Aviation Boulevard and 43 rd Avenue projects intersected and since a design consultant was already under contract for the Aviation Boulevard widening, the County, in 2007, requested that the Aviation Boulevard consultant design and permit stormwater runoff for the 43rd Avenue project north of SR 60. That request added an additional $260,945 in fees to the project.

Most recently, the County and City have been involved with expansion of the ballfield facilities at the Vero Beach Sports Village. To accommodate the expected runoff from the ballfield expansion as well as the roadway widening projects, the Aviation ·Boulevard Consultant must redesign the existing Dodgertown pond at an additional cost of $23,000.

• Contractual Issues

The current Interlocal agreement between the County and the City of Vero Beach, adopted in 2004, does not reflect any of the above referenced design or construction cost increases, nor does it reflect additional work or scope changes. In order for the project to proceed any further in any capacity, that agreement must be updated to reflect the revised design and construction costs.

ANALYSIS

Because of the significant decline in traffic impact fee revenue, gas tax revenue, and one cent local option sales tax revenue, the County has recently delayed or eliminated a number of proposed capacity producing roadway improvement projects. While Aviation Boulevard has been programmed for funding in the past, the continued decline in road improvement funding revenue, as well as the need to construct higher priority projects, may result in insufficient funds being available for construction of the Aviation Boulevard project.

Aviation Boulevard, however, is a project with unique characteristics. Besides project design being virtually complete, grant funding is available for about half of the construction costs. Another important consideration is that certain Aviation Boulevard improvements are needed in order for other county projects in the area, including the Vero Beach Sports Village expansion and the 43rd

Avenue widening, to go forward. Also important is the fac,t that the Aviation Boulevard project will include a greenway within the adjacent Main Relief Canal right-of-way. That improvement will accommodate bicycle and pedestrian travel within the corridor.

Given those circumstances, it is important that any delay in Aviation Boulevard construction not adversely affect other aspects of the project. One of those aspects is project design. With the engineering and permitting of the project about 95% complete, it is important that those activities be

5 101

completed. Once the design is done and the permits obtained, the project can stay in construction ready mode for years. To complete that work, costs will be minimal ($23,000), and the time involved will be short.

Besides project design, grant funding is an important issue. Since some of the project's grants will expire soon if not used, some action must be taken to avoid the loss of those funds. For that reason, it is important for the Board to approve the subject $2.4 Million Intermodal JPA with FDOT in order to secure that funding. If Aviation Boulevard construction is then delayed, the County will need to determine if the Aviation Boulevard grant funding can be used on other projects.

A third issue relates to Aviation Boulevard improvements that benefit other area projects. These are principally drainage improvements. By initiating construction of certain Aviation Boulevard stormwater management improvements, the County will not only install facilities that will be needed when the project is eventually built, but will also facilitate construction of the Vero Beach Sports Village project and the 43rd Avenue project. ·

At this time, a decision needs to be made with respect to the Aviation Boulevard project. Going forward, there are several alternatives available. These are:

I. Complete Project Design and Construct Project II. Complete Project Design, Widen 43rd Avenue, Construct Aviation Boulevard/43rd Avenue Intersection Improvements, and Construct Intermodal Improvements III. Complete Project Design Only

I. Complete Project Design and Construct Project

This alternative involves completing the project design and then constructing the project. It is, however, the most costly alternative, resulting in a local cost of $11,500 (the local funded 50% match portion of the $23,000 total cost) to complete the project design and $6,500,000 in local funds for right-of-way acquisition and construction. ·

With this alternative, the County could complete the widening and intermodal improvements to Aviation Boulevard ( 43rd Avenue to US 1) as well as make all intersection and stormwater improvements needed for the Aviation Boulevard, 43rd Avenue, and Vero Beach Sports Village projects. Not only does this alternative address an LRTP priority, it also preserves all of the FDOT grant funding allocated to the project.

This option, however, would have a significant impact on the County's Capital Improvement Program. Projects that could be delayed or deferred as a consequence include 43rd Avenue, 66th

Avenue, and/or CR 510. Additional project delays would result if transportation revenue continues to decline or if Aviation Boulevard construction costs cannot be significantly reduced. Alternative I also involves improvements to the Aviation Boulevard FEC railroad crossing, resulting in significant additional railroad maintenance fee costs. Despite years of negotiation between County staff and City staff, this issue has not been resolved.

Unless or until these issues are fully addressed, the Aviation Boulevard improvements will not be constructed. Consequently, this alternative is not feasible.

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II. Complete Project Design, Widen 43rd Avenue, Con~truct Aviation Boulevard/43rd Avenue Intersection Improvements, and Construct Intermodal Improvements

Under this alternative, the County would expend an additional $11,500 to complete the project design and expend approximately $4,000,000 in local funds (matched by the same amount of grant funding) for construction and right-of-way acquisition for intersection, widening, greenway and intermodal improvements.

This alternative would enable the County to utilize 50% FDOT funding to widen 43rd Avenue (SR 60 to Aviation Boulevard), improve the intersection of Aviation Boulevard and 4 3rd Avenue, and construct all stormwater ponds needed for the Aviation Boulevard project, the 43rd Avenue widening project and the Vero Beach Sports Village expansion, as well as add sidewalk and intermodal improvements to 43rd Avenue, and make Greenway improvements along Aviation Boulevard. This scenario would benefit the County by providing grant funding to a significant County priority. Because there is less construction under this scenario, there would be less impact to the other projects, such as 43rd Avenue and 66th Avenue, in the County's CIP. Under this scenario, railroad crossing maintenance fees would not go up, since Aviation Boulevard would not be widened at the railroad crossing.

For this option, staff has coordinated with FDOT, and FDOT staff has agreed to allow the county to use the $4 million in Intermodal grant funds to construct this hybrid Aviation Boulevard/43rd Avenue project. In fact, FDOT has modified the original Intermodal Supplemental Joint Participation Agreement (SJPA) that was presented to the Board at its April 12th

, 2011 meeting to allow the funds to be spent on both Aviation Boulevard and 43rd Avenue. This revised SJPA is attached to this staff report.

There are, however, disadvantages to this alternative. First, this option would require $4,000,000 in local funding. Second, this alternative could result in the loss of up to $2 Million in grant funding. Finally, this alternative would leave most of Aviation Boulevard as a 2-lane facility that would need to be widened in the future.

III. Complete Project Design Only

Under this alternative, the County would authorize spending an additional $23,000 in stormwater design costs to finalize the project design. Since those costs are an eligible expense under the terms of the Intermodal grant, this option would result in the County expending an addition $11,500 in County funds to be matched with $11,500 from FDOT. With this option, the County would complete the project design and obtain permits for the Aviation Boulevard project, the 43rd Avenue widening project, and the Vero Beach Sports Village expansion. Unlike the other alternatives, this option will not have any impact to the other projects in the County's Capital Improvement Program.

By choosing this alternative, the County could stand to lose over $6 million in grant funding, including all grants obtained since 2006 and a portion of the original $ 1.6 million intermodal grant. While some of the grant funds can possibly be transferred to other County roadway projects, that is not a certainty. By completing only the project design, the County would also lose 50% FDOT participation in a number of costs related to the 43rd Avenue widening and the Sports Village expansion.

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CONCLUSION

At this time, the County needs to make some decisions regarding the Aviation Boulevard project. While the principal issue is whether or not the project proceeds to construction, there are also other important issues to consider. Foremost among those other issues are completing the project design and protecting the $2.4 mill10n in Intermodal funds recently awarded to the County.

As structured, all three of the alternatives listed above involve completing the project design and protecting the $2.4 million in Intermodal funds. While Alternative III involves only design work, the other two alternatives involve varying degrees of construction. Ideally, Alternative I is the best option. With that alternative, the project could be constructed, and grant funds would pay for half the cost. Given current financial conditions, however, funding is not available to undertake project construction. For that reason, and because City and the County do not agree on which jurisdiction should pay the annual railroad maintenance fees, Alternative I is not feasible.

Overall, Alternative II appears to be the best option. Although that alternative will require $4 million in local funding, it will result in partial grant funding for the 43 rd Avenue project, a project that the County has programmed for construction in the near future. It will also result in construction of other important improvements such as the Aviation Boulevard Greenway.

Alternative II requires the BCC to approve the attached Intermodal Program Supplemental Joint Participation Agreement (SJP A) with FDOT. That agreement differs from the original Joint Participation Agreement (JPA) with FDOT in that 43 rd Avenue improvements have been added as an additional eligible project expense.

Regardless of which alternative is chosen, staff needs to coordinate with FDOT to protect unused grant funds earmarked for the Aviation Boulevard project. Where possible, staff will work with FDOT to reprogram the grant funds and allocate those funds to other projects in the county.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners (BCC) approve the Intermodal Program Supplemental Joint Participation Agreement with FDOT and approve the Authorizing Resolution for Intermodal Program funds. Staff also recommends that the BCC select Alternative II (Complete Project Design, Widen 43 rd Avenue, Construct Aviation Bimlevard/43rd Avenue Improvements, and Construct Intermodal Improvements) and authorize staff to prepare a revised Interlocal Agreement with the City of Vero Beach that corresponds to Alternative II, including the additional design fees.

ATTACHMENTS:

1. Intermodal Program Supplemental Joint Participation Agreement with FDOT 2. Authorizing Resolution for Intermodal Program Funds

APPROVED AGENDA ITEM:

FOR:~ I? c<tl//

JJ.

Indian River Co,

Admin.

Legal

Budget

Dept.

8 . Risk Mgr.

04

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

Number 1

725-030-07 PUBLIC TRANSPORTATION

01/11 Page 1 of 4

Financial Project No.: 4 1651219401

(1tem-segment-phase-sequence)

c;ontract No.: ANP77 -------

Fund: OS ------------- FLAIR Category: _0_88_8_0_9 ___ _

Function: 637 ------------ Object Code: _75_0_0_9_8 _____ _

Feder a I No.: ----------- Org. Code: 55042010429

DUNS No.: 80-939-7102 Vendor No.: VF596000674029 Catalog of Federal Domestic Ass·1stance Number: Catalog of State Financial Assistance Number: 55014

THIS AGREEMENT, made and entered into this ---- day of

by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,

hereinafter referred to as the Department, and Indian River County Board of County Commissioners

1801 27th

Street, Vero Beach, FL 32960-3365

hereinafter referred to as Agency.

WITNESSETH:

WHEREAS, the Department and the Agency heretofore on the 19th

entered into a Joint Participation Agreement; and

day of November ,2004

WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended

hereto; and

WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment

"A" for a total Department Share of $4,000,772.00 -'--'-'--"---'---------------------------~ NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow

from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended

and supplemented as follows:

1.00 Project Description: The project description is amended

To provide additional funding for the widening access improvements and intermodal improvements to Aviation Blvd (26th Street) and 43rd Avenue in Vero Beach, FL.

Attachment 1

105

2.00 Project Cost:

Paragraph 3.00 of said Agreement is increased by

bringing the revised total cost of the project to$ 8,001,544.00

$4,801,544.00


01/11 Page2 of4

---------------------Paragraph 4.00 of said Agreement is increased by $2,400,772.00

bringing the Department's revised total cost of the project to$ 4,000,772.00 ---------------

3.00 Amended Exhibits:

Exhibit(s) B of said Agreement is amended by Attachment "A". ---------------

4.00 Contract Time:

Paragraph 18.00 of said Agreement December 31st ,2014 -------'----------------

5.00 E-Verify:

The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of;

1. all persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and

2. all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department.

106


01/11 Page3of4

Financial Project No. 41651219401 --'-'-'-=:..::.._c:....c _____ _

Contract No. :...A::...N::...P:...7.:...7 ____ --'------

Agreement Date

Except as hereby modified, amended or changed, all other terms of said Agreement dated November 19th 2004

and any subsequent supplements shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first

above written.

AGENCY

Indian River County Board of County Commissioners AGENCY NAME

SIGNATORY (PRINTED OR TYPED)

SIGNATURE

TITLE

WILLIAM K. OEBRML DEPUTY COUNTY ATTOf\NEY

--- ------ ·-------------

FOOT

See attached Encumbrance Forni for date of Funding Approval by Comptroller

LEGAL REVIEW DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

Director of Transportation Development TITLE

107


01(11 Page 4 of 4

Financial Project No. 41651219401 ----------

Contract No. ANP77 -------------Agreement Date

ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between

the State of Florida, Department of Transportation and Indian River County Board of County Commissioners

1801 27 th Street, Vero Beach, FL 32960-3365

dated ------DESCRIPTION OF SUPPLEMENT (Include justification for cost change):

To provide $2,400,772 in additional funding for the widening access improvements and intermodal improvements to Aviation Blvd (26th Street) and 43rd Avenue in Vero Beach, Florida.

I. Project Cost: As Approved As Amended Net

$3,200,000.00 $8,001,544.00 $4,801,544.00

Total Project Cost $3,200,000.00 $8,001,544.00 $4,801,544.00

II. Fund As Approved As Amended Net

Department: $1,600,000.00 $4,000,772.00 $2,400,772.00

Agency: $1,600,000.00 $4,000,772.00 $2,400,772.00

$0.00 $0.00 $0.00

Total Project Cost $3,200,000.00 $8,001,544.00 $4,801,544.00

Comments:

- -- ___ ,. ____ --------------------- - .. ·- --· --·-----

108

Ill. MUL Tl-YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING


01/11 Addiliona! Page

If a project is a multi-year or prequalified project subject to paragraphs 4.1 O and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s):

FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00

FY $0.00 FY $0.00

FY $0.00 FY $0.00

FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0 00 FY $0.00 FY $0.00

Project years may be advanced or deferred su_bj_ect to Legislative appropriation or availabity of funds.

109

Fin. Proj. No.: 416512-1-94-01

Contract No.: ______ _

Agreement Date:, _____ _

ATTACHMENT "B" PROJECT DESCRIPTION AND RESPONSIBILITIES

This attachment forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Commissioners

PROJECT LOCATION: Vero Beach, FL

PROJECT DESCRIPTION: Aviation Blvd.

SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project

SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires our agreements to contain a scope of work that clearly establishes quantifiable and measurable deliverables. The attached Department of Financial Services link will provide guidance concerning accountable contract development. The scope of work is specifically addressed in chapter 3:

http://www.myfloridacfo.com/aadir/docs/ContractandGrantManaqementUserGuide.pdf

Deliverables shall include:

1. Develop a detailed scope of services for the above named project that clearly establishes quantifiable and measurable deliverables. It will be submitted with the next reimbursement request. For construction, the schedule of values can be used as the deliverable.

2. Additional deliverables will be determined in the detailed scope.

3. The final deliverable is the Certificate of Completion for the Aviation Blvd. and 43rd

------,,cvenue i11te1111odahmd-vvidening-pr · -----

110

RESOLUTION NO. 2011-__ _

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN INTERMODAL PROGRAM SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROADWAY WIDENING AND INTERMODAL IMPROVEMENTS TO AVIATION BOULEVARD AND 43RD AVENUE.

WHEREAS, Aviation Boulevard and 43rd Avenue have been identified as a corridor eligible for FDOT Intermodal funds; and

WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide Intermodal funds to pay a portion of the cost for widening Aviation Boulevard and 43rd Avenue; and

WHEREAS, the Indian River County Board of County Commissioners must enter into an agreement with FDOT in order to obtain those funds.

NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of County Commissioners:

I. Approves the State of Florida Department ofTransportation and Indian River County Intermodal Program Supplemental Joint Participation Agreement; and

2. Authorizes the Chairman to execute the Agreement; and

3. Directs the Community Development Director to transmit the executed Agreement to the Florida Department of Transportation.

THIS RESOLUTION was offered by Commissioner _________ who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows:

Chairman Bob Solari Vice-Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph Flescher Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this 17th day of May , 2011.

Attachment 2

1 1 1

RESOLUTION NO. 2011 -

Attest: J. K. Barton, Clerk of Court

By: ------------Deputy Clerk

----


By: ------------Bob Solari, Chairman

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and -------~ as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this 17th day of May , 2011.

APPROVED AS TO LEGAL SUFFICIENCY

BY:/111/Ll ,J);)/) (}~ Alan S. Polackwich, Sr.

County Attorney

Notary Public

SEAL:

APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS

112

JJ.:Sl

Date:

To:

From:

Thru:

Subject:

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES

BOARD MEMORANDUM

May 4, 2011

Joseph A. Baird1,ioin,.,~

W. Erik Olson, D~or of Utility Services

Michael C. Hotchkiss, P.E., Capital Projects Manager 'Jl}/J Recommendations of Improvements Outlined in Odor Control Study final Report

BACKGROUND AND ANALYSIS:

Construction of the West Regional Wastewater Treatment Facility expansion from 2 to 6 mgd began in July Qf 2007, and was completed in May of 2010. The.expansion section was designed with odor control on the new headworks (receiving section of raw sewage) and also on the sludge storage area. Both sections are protected from emanating foul odors with covers that capture the odor and treat it through individual treatment systems. The sludge digester utilizes a chemical scrubber, while the headworks area utilizes a biofilter system for removal of unpleasant odors. Results from the study indicate that both odor treatment systems are operating efficiently at removing foul odors from the treatment basins, as designed. Prior to the expansion, no odor control systems were installed on the facility, and the plant operated successfully without these additions.

Recently, after some new residential construction adjacent to the plant, there have been odor complaints from some homeowners. The odor complaints have not been traced to any point source and have been transient in nature. The Board of County Commissioners approved air testing by Post, Buckley, Schuh and Jernigan (PBS&J) on January 18, 2011 to determine areas of potential odor sources, and recommend the most effective method of control. Utilities staff has been working with the homeowners to resolve their odor concerns and to apprise them and the Commission of the report results.

Results from the odor study are shown in Attachment 1. The report suggests that additional, relatively strong odors are emanating from uncovered areas of the plant, such as the anaerobic basins and the pretreatment grit traps (debris removed from the traveling screens at the headworks area). In addition to identifying probable sources of transient odor complaints, the odor study provided recommendation of capital improvements that will better control foul odors emanating from the identified sources. The recommended control method includes constructing structural covers over the two anaerobic digester sections, pulling foul air from the covered sections, as well as pulling additional foul air from the grit traps and the addition of a twostaged biotrickling/bio-filter with a carbon polishing section.

Biotrickling filters utilize a suspended culture of biofilms developed on synthetic media, whereby nutrientenriched water is re-circulated over the media to enhance biofilm growth. Air from the wastewater treatment sources is pulled through the media to· react with the biofilm and remove foul odor. The first stage biotrickling filter is best for removing high levels of hydrogen sulfide (H2S) generated odors from the air. The secondstage biolfilter circulates air from the biotrickling treatment process through a compost type media for removing other random sewer gas compounds, such as Methyl Mercaptan. The odor study .also recommends including a carbon polishing unit for added insurance of removing any remaining odors. Additionally, a fence-line landscape buffer is recommended to change the situational perception of the plant by adjacent homeowners. Preliminary capital requirements for the odor control improvements are estimated to be $918,225 and are detailed in the report.

113

The additional odor controls, along with a landscape buffer are expected to reduce the odor complaints with a decreased observable visual footprint. The design will incorporate the best practical technology. Additionally, the perception of an operating wastewater facility adjacent to a residential subdivision will diminish and will enhance the County's "good neighbor policy" while providing essential wastewater services.

To complete the design for the West Regional Odor Enhancement, the engineering fee is estimated to be less than 10% of capital, or approximately $83,500. Staff will present a continuing services contract work order to the BCC for approval upon implementation of a continuing services contract for engineering services.

FUNDING:

Funding for the West Regional Odor Enhancement project is budgeted and available in the West Regional WWTF Odor Control Account in the Utilities Fund. Funds for this project are derived from the capital fund. Capital fund revenues are generated from impact fees.

ACCOUNT NUMBER ACCOUNT NAME AMOUNT

472-169000-11504 West RegionalTreatment Facility $83,500 Odor Control

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve implementation of the West Regional Odor Enhancement design, and advertisement for construction bids.

Attachments: 1. Odor Study

APPROVED FOR AGENDA:

Josep County Administrator

FOR~ /'7. ~I/ Da 7

Indian River

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IND/AN RIVER COUNTY WEST REGIONAL WASTEWATER TREATMENT PLANT

(WRWWTP)

ODOR STUDY

March 2011

PBSJ An Atkins Company

482 South Keller Road Orlando, Florida

Phone: 407-647-7275

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TABLE OF CONTENTS

Introduction .....................................................•...........

Odor Source Inventory and Sampling ................................. .

Sampling Methodology ......................................... .

Conclusions from Sampling Program ........................ .

Odor Control Alternatives ................................................ .

Other Issues .......................................................... .

Cost Analysis ................................................. .

Appendix A - Field Testing Report

Appendix B - Odor Con!fol System Proposal

Appendix C - Tanlc Covers Proposal

TOC-1

4

4

5

5

7

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Introduction

Construction of the expansion of West Regional Wastewater Treatment Plant (WRWWTP) located at 8405 8th Street Vero Beach, FL 32960 was completed in May of 20 I 0. The facility includes a pretreatment structure with two (2) screens, and grit chambers and a 1000 CFM odor control system, a 5-stage Biological Nutrient Removal (BNR) system reusing the existing tankage and adding new tankage, conversion of the system to use diffused air, two additional clarifiers with final to.ta! of four, three new effluent filters final total of four, additional chlorine contact basins, additional rotary drum thickeners, a new single stage 2500 SCFM chemical scrubber for existing aerated sludge holding tanks, additional pumps, piping, chemical feed systems and controls.

Although, the initial design and construction of the Wastewater Plant included Odor Control equipment for areas of the plant that normally are expected to generate odors, recently, adjoining neighbors have expressed concerns about odors from the plant. Low plant flows, which result in long detention times in the transmission system and diversion of flow from south service area, which also has a very long detention time in the force main, are suspected to be adding to. the odor problems. ·

Odor Source Inventory and Sampling

In this odor study, odor sources were identified, sampled and evaluated for the emissions of odorous compounds from facility. The sampling timing was selected to coincide with high flow event at the plant. PBS&J utilized services of Jacobs Air Water Systems for collecting grab samples and Columbia Analytical Services, Inc for the sample analysis. The grab samples were taken directly at the sources identified in the list below and shown in figures No. I and No. 2 where the emissions are expected at their highest level of detection. Additional samples were taken at the existing odor control systems inlet and outlet to assess their perfonnance. Initial H2S levels were read in real time with calibrated Odalog Units. All samples were collected into a Tedlar bag and sent away for Sulfide analysis according to ASTM D 5504-01 .

Source ID Location l Biofilter Inlet" 2 Biofilter Outlet 3 Scrubber Outlet 4 Scrubber Inlet 5 Anaerobic Tank #2 Entrance 6 Anaerobic Tank #2 7 Anaerobic Tank #2 Entrance

8 Isl Anoxic Tank#2 (Bridge I)

9 1st Anoxic Tank#2 (Bridge 2) 10 Anaerobic Tank #2 Bridge

West Regional WWTP Odor Study Page 1

117

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EXIST. F.P.L. TRANSFORME11-

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GENERATOR @_ FUEL TANK .

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ANAEHOBIC TANI<

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FIRST ANOX!C TANI< NO. I

AERATION TANK NO. 3

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AERATION TANI< NO 4

West Regional WWTP Odor Sampling Location Map

West Regional WWTP Odor Study

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'-CAUSTIC ~ FEED/

18' STORAGE

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SECOND AMOXIC TANK NO ? n

Figure 1

Page 2

118

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SLUDGE TANK SCRUBBER INLET/OUTLET SAAMPEL LOCATION

West Regional WWTP Odor Sampling Location Map . : Figure 2

.

West Regional WWTP Odor Study Page3

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Sampling Methodology

Six (6) of the Ten (10) samples were taken from near the liquid surface of the anoxic/aerobic basins. To deter the outside effect of wind on the sample, a collection apparatus was used where the sample/draw tube was inserted into a modified 5 gallon bucket (as illustrated in the picture below) which was inverted onto the surface of the process tanks. While the bucket did not replace a true flux chamber, it mitigated the wind effect and allowed true grab sample. An A/C powered air pump drew a constant sample at a rate of -.7 Liters/minute. An Odalog unit was connected to the air pump discharge to check H2S levels. Once the H2S level reached its equilibrium concentration in the 5 gallon environment, a -.75L Tedlar bag sample was collected, labeled, and corresponding times were logged. Each Tedlar bag was passivated before collecting the final samples.

The remaining Four (4) of th.e Ten (10) samples were taken from the inlet and ontlet of the existing the odor control systems (a Biological system and a wet scrubber system). A handheld sample pump drew a constant sample at a rate of ~!Liter/minute from the sample ports. The Odalog unit was first installed to check H2S levels. Once the level remained constant the Tedlar bags were filled to-. 75L. Each Tedlar bag was passivated before collecting the final samples .

Conclusions from the sampling Program

Odor and sulfur emission inventories performed in this study are tabulated in Table I and expanded test report is in included an Appendix A. The existing anaerobic tanks inlet has high

West Regional WWTP Odor Study Page4

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H2S concentration and it tapers off towards the outlet of these tanks. The analytical test data provided by the lab is consistent with the portable Odalog readings taken in the field at the time of sampling. fhS and organic sulfides are the major odorants emitted from these sources. Test data for the existing odor control systems shows these systems are adequately removing H2S and organic sulfides within their design operating limits.

Odor Control Alternatives and Recommendation

Based on these test results, the existing I st anoxic tanks are not expected to be covered or odor controlled during this phase, however it is recommended both tl1e anaerobic tanks be covered and the foul air from these tanks be treated using a two stage biotrickling filter. This system is an integral two stage biological process using a first stage biotrickling filter followed by a high perfommnce biofilter both within the same vessel. The strategy behind this design is to use the first stage to removal the H2S component of the gas stream and then polish the gas by removing the other random sewer gas compounds, such as Methyl Mercaptan, through the biofilter stage . Additionally as an added insurance a polishing carbon unit is also recommended. A proposal for this system is included in Appendix B. The proposal for the flat aluminum covers is included in Appendix C .

Various improvements associated with the implementation of the new odor control system will be as follows:

• Install a new 3800 cfm odor control system, which includes approximately 1400 cfm flow from the anaerobic tanks based on providing minimum 8 air change and/or to provide minimum 2.0 FPS sweep velocity for the make-up air; I 000 cfm from the pretreatment grit snails (the foul from the drain pump station will continue to the sludge tank odor control scrubber); and 1400 cfm capacity will be provided for exhausting additional foul air from the grit removal units (headcells).

• Install flat aluminum covers over both existing anaerobic tanks similar to the headcells and sludge tank covers .

• Install a landscape barrier/buffer along the boundary between the plant and the homes.

Other Issues

The covers and odor control system should help make the West Regional WWTF a "communityfriendly facility". In addition to these improvements, perception management is also a critical element; therefore a landscape barrier/buffer along the boundary between the plant and the homes will go a long way and is recommended.


121

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TABLE 1

nme Fu111,n1 l!fflo!T•.dl•• Oda!otHU An•lrllw1IHll S~ITllllelD Somplelcu\fon .. ,~ ; hk•nl Concrntrat1P!1 Contrntriltkm1

5 Anaerobic"T,rnk 112

Entrnnce 8:28AM 8:32AM 115ppm 140ppm

7 Anaerobh: Tank #2

Entrance 8:28AM 8:36AM 108ppm 140ppm

10 Anaerobic Tonk 112

Bridr,e 8:57AM 9:08AM 21ppm 22.ppm

B ht Anoxic Tank/12

9:10AM 9:25AM lppm 19ppb !Bridge ll

' 1st Anoitic Tank/12

9:30AM !);•17AM Oppm 6ppb (Drldll!! 2)

6 Anaerobic Tani: 112 9:.\9AM 10:12AM 3Sppm '13ppm

l Dio/ilter Inlet 11:20AM 11:32AM llppm-l!)ppm 14ppm

' Biofilcer Oullet 11:34AM 1l:i10AM Uppm 1.lppm

3 Scrubber Outlet 11:55AM 12:15PM .3ppm ND 4 sc:,ubber Inlet 12:17PM 12:31PM 34npm 32ppm

ND"' compound was analyzed for, but not detected above the laboratory reporclnB limits .

Avor..1to of HZS An~ly\lQ\Motllyl An..:,lyllQ( Alulydc;II An•fvllw1I Dimethyl tl111e1

AHUIII Mofw1,ptiln t,Hbonrl Sulfldf D!mtthylSllltlde Dhu!JJ~e

128ppm 560ppb ND ND ND H2S Concentration chiir::ked at 10:52AM and found to be 70ppm.

12,tppm SSOppb ND ND ND H2S Conc:entration i:hecked at 10:52AM .and Found to be 70ppm.

22ppm 160ppb ND ND ND Passivated Tl!dfor bac 2 times per PDS&.I request.

Oppm •lSppb ND llppb 2.Sppb Note: Anillyrical concentrntlon ls ppb

Oppm 41ppb ND ND Mppm Note: Amilyticill conccntrilliot1 Is ppb

39ppm 260ppb ND ND ND

lSppm 60ppb ND •ND ND H2S Rilnfle is given due to thll mac:hilnic:;ll Functions of the plan!.

1.2ppm 37ppb S.6ppb •ND ND Oppm 210ppb ND SOppb ND 33ppm ND ND ND ND

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Proposed Improvement Budget and Schedule

Provided below is a summary of a proposed conservative budget for all of the above recommended improvements:

Improvement Install new Covers Divert Grit Snail Foul Air Install new Odor Coritrol System New Duct Work and Misc. Supports Landscape Buffer Total Improvements

Contingency at 5% Sub-Total Engineering at l 0%

TOTAL ALL IMPROVEMENTS

Estimated Construction Cost $ 300,000 $ I 0,000 $ 360,000 $ 50,000 $ 75 000 $ 795,000

$ 39.750 $ 834,750 $ 83,475 $ 918,225

Considering the equipment delivery times, the design and construction of the system can be accomplished in 9 to 12 months ..


123

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APPENDIX A (Field Testing Report)

124

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Date:

Location:

February 8, 2011

Indian River County WWTP 8500 8th Street Vero Beach, FL 32958

Technicians: Joe Zaccardelli, P.E.

Purpose:

Method:·

Neil Gorman

The purpose of the site visit was collect 10 air samples from predetermined locations around the plant during a time of day when elevated levels of H2S were anticipated. Initial H2S levels were read in real time with calibrated Odalog Units. All samples were collected into a Tedlar bag and sent away for Sulfide analysis according to ASTM D 5504-01 .

Six (6) of the Ten {10) samples were taken from near the liquid surface of the anoxic/aerobic basins. To deter the outside effect of wind on the sample, a collection apparatus was used where the sample/draw tube was inserted into a modified 5 gallon which was inverted onto the surface of the process. An A/C powered air pump drew a constant sample at a rate of -.7 Liters/minute. An Oda log unit was connected to the air pump discharge to check H2S levels. Once the H2S level reached its equilibrium concentration in the S gallon environment, a -.75L Tedlar bag sample was collected, labeled, and corresponding times were logged. Each Tedlar bag was passivated before collecting the final samples.

The remaining Four (4) of the Ten {10) samples were taken from the inlet and outlet of the existing the odor control systems (a Biological system and a wet scrubber system). A handheld sample pump drew a constant sample at a rate of -1uter/minute from the sample ports. The Odalog unit was first installed to check H2S levels. Once the level remained constant the Tedlar bags were filled to -.75L. Each Tedlar bag was passivated before collecting the final samples .

Results/Notes: This report includes a sample chart with resultant concentrations, lab results, calibration certificates, and various drawings from the plant showing sample locations.

Report By: Joe Zaccardelli, P.E.

125

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Time Purging Time IT!idlar Odalog HZS Analylkal HU Samp1elD S~mple Lllcatlon

Bl!gan Taken! Concentration C:omMlratlcns

5 Anae(obic Tank #2

8:28AM 8:32AM llSppm ; 140ppm Entrance

Anaerobic Tank #Z .

7 8:28AM 8:36AM lOSppm 140ppm Entrance

' Anaerobic Tank 112 10 8:57AM 9:08AM 2lppm • 22ppm

. Bridge

8 1st AnoxicTankff2

9:10AM 9:25AM lppm 19ppb !Bridge 1)

9 1st Anoxic Tank#Z

9:30AM 9:47AM 0ppm 6ppb (Bridge 2)

6 Anaerobic Tank 112 9:49AM 10:12AM 35ppm 43ppm

1 Biofilter Inlet 11:20AM 11:32AM 11ppm:19ppm · 14ppm

2 B!ofilter Outlet 11:34AM 11:40AM 1.3ppm · 1.lppm

3 Scrubber Outlet 11:55AM 12:15PM .3ppm ND 4 Scrubber Inlet 12:17PM 12:31PM 34ppm 32ppm

ND:::. Compound was analyzed for, but not detected above the laboratory reporting limits .

...... N) C')

Average of H25 Analytlrol Methyl Analytlrol AnalyUcal Analyth;;il

Rl!Su\ls Me.rcaptiln ~rbonyl Sulfide Olmelhyl Sulflde Dimethyl N11lcs Dilulnde

12Bppm 560ppb ND ND ND HzS Concentration checked at 10:52AM and

found to be 70ppm.

H2S Concentration checked at 10:52AM and 124ppm 550ppb ND ND ND

found to be 70ppm.

Passrvated Tedlar bag 2 times per PBS&J 22ppm 160ppb ND ND ND

request.

Oppm 45ppb ND llppb 2.Sppb Note: Analytical concentration is ppb

•ppm 4lppb ND ND 14ppm Note: Analytfcal concentration is ppb

39ppm 260ppb ND ND ND

15ppm 60ppb. ND ND ND H2S Range is given due to the mechanical functions of the p[ant.

1.2ppm 37ppb 5.6ppb ND ND •ppm 210ppb ND S0ppb ND 33ppm ND ND ' ND ND

-

IA{ Columbia ~ Analytical Services,< 2655ParkCenlerDrive,Su!leA,SimiValley,CA93065 l 805.526.7161 ! www.caslab.com

.... - -- . -- ...... -....... -- . - - ... - -- --- - - -- ..... - ..... - ...... -............ - - . -. - .. - - - ..... -.... -- ... -............ -.. .

February 22, 2011

Joseph Zaccardelli Jacobs Air Water Systems 11023 Countryway Boulevard Tampa, FL 33626

RE: Indian River County

Dear Joseph:

LABORATORY REPORT

Enclosed are tl1e results of the samples submitted to our laboratory on February 9, 2011. For your reference, these analyses have been assigned our service request number Pl I 00491.

All analyses were performed according lo our laboratory's NELAP and DoD-ELAP-approved quality assurance program. The test results meet requirements of U1e current NELAP and DoD-ELAP standards, where applicable, and except as noted in the laboratory case narrative provided. For a specific list of NELAP and DoD-ELAPaccredited analytes, refer to the certifications section at www.caslab.com. Results are intended to be considered in their entirety and apply only to the samples analyzed and reported herein.

Columbia Analytical Services, Inc. is certified by the California Department of Health Services, NELAP Laboratory Certificate No. 02115CA; Arizona Department of Health Services, Certificate No. AZ0694; Florida Department of Health, NELAP Certification E871020; New Jersey Department of Environmental Protection, NELAP Laboratory Certification ID #CA009; New York Slate Department of Heallh, .. NELAP NY Lab ID No: 11221; Oregon Environmental Laboratory Accreditation Program, NELAP ID: CA20007; The American Industrial Hygiene Association, Laboratory #101661; United Stales Department of Defense Environmental Laboratory Accreditation Program (DoD-ELAP), CerLificaLe No. LI0-3; Pennsylvania Registration No. 68-03307; TX Commission of Environmental Quality, NELAP ID Tl047044!3-09-TX; Minnesota Department of Healti1, Certificate No. l 1495AA; Washington State Deparlment of Ecology, ELAP Lab ID: C946. Each of the certifications listed above have an explicit Scope of Accreditation that applies to specific mntrices/methods/analytes; therefore, please contact me for information corresponding to n particular certification.

If you have any questions, please call me al (805) 526· 7161.

Respectfully submitled,

Columbia Analytical Services, Inc.

Sue Anderson Project Manager

1 of 18 127

DATE:

TO:

FROM:

SUBJECT:

Background:


BOARD MEMORANDUM

MAY 12, 2011 /

JOSEPH A. BAIRD, COUNTY A~!N~ST1;Pv/

w. ERIK OLSON, DIRECTOR OF MIL~T{s:RVICES

/

IMPLEMENTATION SCHEDULE FOR MERGER AND ACQUISITION OF THE CITY OF VERO BEACH UTILITY SYSTEM

On Friday April 29, 2011, a joint meeting between the City of Vero Beach (COVB) Council and

Indian River County (IRC) Commission was held to discuss the County's offer to acquire the City

of Vero Beach Utility system. During this meeting, IRC staff presented the estimated

construction costs and preliminary concepts of linking the City's: Water, Wastewater and Reuse

systems to the County utilities

In this presentation, staff expressed that the merger of the City utilities into the County system

could be accomplished in approximately two years from the point when a final agreement was

executed. This process of a merger with the City's utility system assumed that the City's

wastewater treatment facility would be decommissioned when the final connections to the

County system were complete. In addition, it was also expressed that the City Lime Softening

portion of their water plant would be also decommissioned.

At the conclusion of the meeting, it was agreed that a schedule for implementation would be

developed and presented by May 17, 2011.

Discussion:

The process to merge the City's utility system with the County's system begins with

development of the basic information needed to be incorporated within the acquisition

agreement. This basic information includes development of inventory of the infrastructure,

plant and equipment that will go within the agreement as an exhibit. In addition, important

information will be acquired related to FDEP and SJRWMD permits.

Concurrent with the process of acquiring critical data and information from the City, the County

will also go through a process of accomplishing a financial review of the City's revenues and

expenses and extrapolating that data to the conditions after the merger has been completed.

Using all of the acql)ired information, a draft acquisition agreement will be generated for

submission to the City for review and approval.

128

Once the agreement for acquisition has been executed, a parallel sequence of steps will begin.

The first process will involve the transition of the City's customer billing to the County system.

This first step is expected to take 4 to 6 months for full transition. The second phase being done

in parallel is the design and construction of the needed infrastructure improvements. This

process is expected to take 18 months. Once the required infrastructure for the transition is

complete, the connections will be made and the related wastewater and water plant aspects

will be taken off line.

The following steps represent the possible sequence of events:

1 Acquire COVB Utilities Inventory 49 2 lnitiafFinancial Analysis[ 28 3 Generate Draft Agreement 28 4 Submit Agreement to COVB 1 5 Conduct Public Hearing 14 6 Acquire Utilities 1 7 Convert Customers 182 8 Perform Process Optimization 364 9 Design & Construct Infrastructure 728

Please Note: These dates are general and subject to change

Recommendation:

05/02/2011 05/23/2011 05/23/2011 06/27/2011 09/01/2011 09/22/2011 10/03/2011 10/03/2011 10/03/2011

06/20/2011 06/20/2011 06/2.0/2011 06/27/2011 09/15/2011 09/22/2011 04/02/2012 10/01/2012 09/30/2013

Staff recommends approval to proceed with the estimated timeline and process for

implementation.

APPROVED FOR AGENDA:

For: ~ /'/. c)rJ// 'Date

1

Indian River County

Administration

Utilities

Utilities

Legal

Budget

Approved Date

129

Office of INDIAN RIVER COUNTY

ATTORNEY

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

TO:

THROUGH:

FROM:

DATE:

MEMORANDUM

The Board of County Commissioners

Ala, S. Polaokwkh, s,., Co~mey ,I );[}

William K. DeBraal, Deputy County Attorneywrc

May 10, 2011

SUBJECT: Response to Offer for Purchase of Former Sun Sky Roofing Parcel

Background: On April 12, 2011, the Board considered purchase of a 2.75 acre parcel adjacent to the Sheriff's DepartmenUCounty Jail Complex. The property is the site of the former Sun Sky Roofing business. The property was foreclosed upon and is now owned by Sun Trust Bank. Its proximity to the Sheriff's Complex and the 27,000 square feet of building area make it an attractive property for the Sheriff's Department to utilize for a variety of purposes.

At the meeting, the Board authorized staff to obtain an appraisal and offer the owner $800,000 or the appraised value, whichever was less. The County retained the services of Armfield & Wagner Appraisal and Research, Inc. for an appraisal of the property. Armfield & Wagner's appraised value was $900,000 so staff instructed its broker, Bill Mills of Real Estate and Management Group, Inc., to prepare a contract offering $800,000 as the purchase price with a closing date no later than June 21, 2011.

Sun Trust Bank has made a counter offer to the County to sell the property at $1,050,000 with a closing date no later than June 10, 2011. The property would be sold in "As Is" condition, meaning that the County would take title to the property subject to whatever conditions are in existence at the time of closing. Sun Trust's appraisal values the property at $1,100,000. Copies of both appraisals are available for review at the County Attorney's Office.

\ntf1an Riv-er Co. MHov<d Dale

APPROVED FOR-=----0- / 7- / /_ _ Admin. 7 u :5/,a.J// Legal I '5-.\\.\\

B.C. MEETING - AGENDA Budge\ • Al r' q 11/ II Oep\. f [' l , _,J_ ({ - I I

Risk Mgr. .;,: -130

MEMORANDUM - Sun Sky Parcel May 10, 2011 Page 2

Discussion: Acquisition of this parcel would mainly benefit the Sheriff's Department as it is adjacent to the jail and administration building. The site consists of four buildings:

• a modular office building 4,920 SF in size built in 2006 • a warehouse building 7,200 SF built around 1970 • a warehouse building 2,500 SF in size built in 1980 • a warehouse building 13,226 SF in size built in 2006

The property is zoned "IL" Light Industrial. County water and sewer serve the property with power provided by City of Vero Beach Utilities.

The· oldest warehouse building is in poor condition and in need of demolition or improvement. Damage to the west wall and sliding doors was noted during a recent inspection. It appears that the building was originally used as a citrus packing house. The smallest warehouse building is in fair condition but is in need of new overhead doors. The newest and largest warehouse is an 80' x 162' metal building in average to good condition. It is built to current wind speed requirements (140 mph) and would need only minor repair and clean up. The appraisal report indicates that the current real estate market is very soft for heavy commercial, trade warehouse and light industrial uses.

Recommendation:

In light of the condition of two of the three warehouses and the very soft market for light industrial property, staff recommends the Board approve a final counter offer of $975,000 to Sun Trust for purchase of the property and authorize the Chairman to execute a counter offer of $975,000 to the attached contract.

Funding: Funding is available for this purchase from Law Enforcement and Corrections Impact Fees. Due to the estimate of future uses for this location, staff proposes that Corrections Impact Fees are utilized for 70% of the acquisition price. The remaining 30% will be funded from Law Enforcement Impact Fees. Please see a detail of funding for the purchase price of $975,000 below:

Corrections Impact Fees - Land: 10360121-066110 Law Enforcement impact Fees - Land: 10360021-066110

$682,500 $292,500

Depending upon the Sheriff Department's use of the existing facilities, some additional operating expenses (electric, water, sewer, maintenance, etc.) may be incurred. Any additional expenses will be provided by the General Fund.

Attachment: Commercial Contract Copy to: Deryl Loar, Sheriff, Indian River County

131

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2. ~reas ta buy and Sun"J'ru~!A:lank. . ('S~Je;"}

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io (c)Adi!ifional.deposltfo.be·madato EscrowAgeriWllhin NIA days altetEffe;:!fya bate $ NtA

fS (d)Totallinancing{as.mfereni:ed ln•Paragraphil) $ NIA

17 (e) oiher: . . . NIA . . . . $ · ·<$ . t/1#5; l>b 'I) Q}u 1s (f!All deposltswlll ~e.,;reditad,o tfla•put,cl)a$a pl)~ at~lo(lln~, sara~ee l<ictosa, s"W:ileet .$ . ,seitii,o;oo •• •~ \Q.adjuslmenbral)d. · .p~ratlons. l<i•ba paid !O"eaUyWitli.drawn..::el'llfre'd Or¢a!<hi,efs or. lifflciE\I b"!ttf.} •. · ·

•20 checi<t.1rw1"'tr<!llsfers . . . . . . .. · .. . . . . , ,,i.d, ;,,~i,:,L•''tl",...i ... II~ . ~I .a. TIM. e.F.OR. ·.A· CC. I:. P.TA··· SCE. ; El'F. E.CTI· •• VE·DA.W~JCO·M·P·UT,\TIONO···F~.· , .'ij. ··1·ess··· .. ··. 'lhis··· ·.·•.affi .. ·· ... i/ .. r·•··lll filgnelH,y !,1¢Jle.rand Buyer. l}v(L_.., 22 and an exeeut~ copy: del)V,:tad lo all parties on ~r before .. . . . M"" ~01;1 . . . , this Olfer will be withdrawn and the · 23 Buyer's dllpOSlt, rt any, 11/iU b•Hetllmed. The fime for acceptance-of anf'i;otm~ o1jer wllkbe $ d!iys fi'.$11!11a1 date the cdf.!nler 24 offer J\;·®Jlvered, '(he.~ lilat&''· of~!s 'G¢iilt.ii:ffs tba d~!l),OlJ\'lli!Clhtillf!'llit,nnetif the,~leranif Bt!Yf/lltas $1gned 25 orlnltlalod•i!AA· de1lvere<f,ii)i~•offer •o.r the'iln\!lCtlV,l!J!lr·off<1r, ea:rendardays Will Ile 11ilad,Wli.en.~p\1Ut\stlme p~oQlls, exi-.,;pi ~· .tirtJ.e pE\rl(l<;ls of s 4~ orrt,1;$; ;nine i:iei!ods-<lf & diW or1e:;s•.wlll l)e<:on,p,ited\lfilholitlt1cftidlng cSiittirday, .~unday, or riatinntd\1wia1 21 hoHdS¥s. Any time pei!O"dendmg on a Saturday, Sundiiy, or natlonaUegal.hollday will extend unlH 5:"l)Q p,m, jjfthe ne:<I !l®fn~ 28 day. 'time isofthe.f3S$lllle&lifthlsConb'act

-9 4. CLOSING OATS AND LOCATION: f~J'h fl h r,._, :io (a) Closing Oare: Tllls fransa<:tlon wm be closed on Juna 21'. 2011 (Clooing Date), unless specifically \:)Y. 31 extended by olller prov1sions of this Contll3c!. The CIJ>$1119 Datewillprwall over aff olher.'lime pei!ods hieJUdlng, bu\ not limited '32 to, Flnanolag and DaeOiligenoe pertOds. In the eventlnsorance underwrmngTs susp@llded on Closing f;l;iti.and Bl!)'er Is unable '33 10 obtain _prop arty fnswan!'», Buyer may postp11ne closing up to 5 days a lier !he insurance underwriting suspension Is lifted.

34 (h) L;osaU~m CJ~lo9 "!lil: l'(lke ~ · ...... · .. . .. . . . J11dlM Ri~er. ....... ·• . .. . ... . . Co.µ~fy. Florldl\. (lrli>ft,.blank,

:is ctosin!j wftl take·. ·p·lace .. ·in lh .. · .e. c0u ·. ···•· ·. ere.lfl.· .:·P· IPP~~ls.loca!ell .. )·Clo. srng may. ,be·c. o .. nd. wcte<t by ma. II o. r.etectronlo-maans. l\\l Buyer~( . . . .)en~S'lill!ir · f , tacJ\MW[edge·,w,e1ptofa oopy•octli1s·.page,wfiJcrrJs,page 1•-ol'T l"'l!les..

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132

37 5. THIRD PARTY FINANCING: • .. ~u

: BUY~~=LIGA:,N: ~W-da,& ... (5 cfe)~ if left blanlt) afte1 Effoatluc Bate, B11:,e1 nJlf appt, fo, UtiM pail) 8wei119 &1 c:o

40 mnewr1w;c:ec:;~;~mpttet,aaap11aeec1 · u.lUsafihtodh.te.eut:aia::otleci J * per)ees_e, uae:: ,ane lc11t0tcat,ete:1etto c11ceed_l&, uilh19ehtle a, ee:.mdbt.et1le1 lec::r.ees:satli, s tcce!f-:--*

:~ ~f the pnnefpel at11ottnl. re: a left\: cf __ )eCJs. a:ada::blti:.ed c,e, ....:__ JeeN, u.il~ aelditie1sel lem1e as faUcna. -

43 ea,or ulH liatel) preaide WV at1d oH aedil; a:t,plej:11:e. •t; fiaaneisl wad oUw: l:1fat1u1eH011 :eesa::abl) •••I.ad as,: &lJ lende,·. ·1h,)»; 44 nHI U"':_ goed '810: and reeee~eabfe ellllJeriee m tJt :ntett, l:cms~JltetJal aiHlk,_ da3s ('46 de)s If leR bfeftle, frorta Effeett.e Sal"ei. ,: ft:ef:s •trh'~ Date). {ii) aatiafJ to,nm y•d w.:dHfcao cf 11-. =ctnAppre1:al1 asid 6ii) elaoo lhe twt. &aye, .uill heap Bdlt: mtd

Blcete:s ~d1,, .oneela~ettl lee,, appHee e,a .slalttS ettd at1U1oriieslhe :::e11ge:9e bseltet 011d le11elet to J"aeleaeaH atteiah,rewtion 47 le Seffec and Brelte1. Boyar #HI nollf) 86Jle1 fnmtee&elefs ttpen elllafning Rnanel:.g oz lsdng 1ejed:cd b~ a Jenda:. 4! MNBEl:A!Rf!N: ff Bb)oa, afl.m us,-,, aeed fall, ettel rewn_f!blo dAfam,ce, ra11s to ablttin l:oc.t t,pp,e:al b;_ bsa11 /::;:.p:oual Beto. 4 BUJal :.:a, azlh:t _ tfays f9 NJ• if lefl bls1:lr) deffue, milltn 1:elfec le eoHe: atstfng BbJc• e1U101 nalues Hds R.ettei•.g so ee:ali.getle'f er eeneols Uds 6e11baek If Bb)er dees Aelltle_,, the11 Bella: us; ee11cel Htis Bc::beel b; elefiueib.g mitten nolfec te &1 Bt.J!' al at:~ ti,no U,crelfter. Yftloss H1f6 ff:1w1dtl,I ee.c11,11,m~ ltae 15ee.: ual,ed. 1111s 8ou11tael sltall :t:::eflt 1ul!jed 1e 110 52 ff IJelieas,15; efesi:.g1efH1cceoondtlerisofl ea aApp:uual,efatedksU,ePJopeftl}. 63 BEP8BFF(&I (for pu:poaes of Peraaaapl, & oua, 1.11 Buyc: he: wed aced lioiH, a.,d, ceeneble dilfaenee bol Joee 11e1 ebllilt, 1:ee. 1 54 Ju,a•al ts, l:om1App1eual Bole a11d Hae,ceftel elH,01 pezt, .sleets lD ca,:wl this eenhaet as sot b1U1 Aa,e e, u,o lc:tdei faffs o. ss raruaea te eteec en or bef.::e H.c Slcllag Balo u.lH1oulfeullo'!' au,ea•s peal; H• Be,citta3 ehall be ,etumed 1e Bdye1, uwhe:l!!tfRCu 56 beth pmlies ai~ be released: ,en:-~ ltitthe, tl,ff;alions u~,dit Ri-!9 801dlaet, e sept fer Nfflalioc:o atetecl hme&t ft a::-.rwa-.g Ute ST lc,n1l11atlert efthls eeutraet. lfflettt,e, pa.~ eleets l'e lemauato llw eenbaet as eel Fs:11: abo,e or Bqa fttHs ts 1:11e aeed failh et ~ rataSt'n!lble diHgc11eeao oat fa1Y1 abei;e. Oollaa will Be cnUHed terete111 tt10Oe'9esllfa.) if Hie trenseetle11 deoo11etdfaeo,

} !it9 &. TITLE!. lier has e legal capacity to and will convey marketable title to the P:ope:ty by :_: statutory warranty deed

V so Xcther_..::2J;~g,IDli.!!J~IW.i~!!i........,,...,......,..-_, free of Hens, easemenls and encumbrances of record or known to Seller, 61 · but subject t properfy taxes for the year of closl1'9: covenants, restrictions and public utility easements of reeon:I; existing z011lng 62 and govemmental regulations; and (IISI any other mal!era lo whleh til!e will be subject) ,,0 _

·~ . ~-64

65 provided there exists at closfng no vlo!ation of the foregOlng and none of them prevents Buyer's intended use of tha Property 88

811---------------------------------~ 70 71

72 73 74 75 76 TT 78

79 80 81 sz 113 84 85 ea

(a) Evidence of TIiie: The party who pays th& premium for th~~ Insurance policy will select the cleslng agent and eaY for the tflle search and closing se:v!ces. Seller wl~. at (check cne) _ Sallar'e X Buyer's expense and within_ days lil:aftei' Effeclive Date or at least -2--days before Closlng D1118 deliver to Buyer (check one)

!81 (I.) a title Insurance commitment by a Florida lfcensedtiUe lnsu:er and, upon Buyer recording the descl. an ownefs policy in Ille amount of the purchase price for fee simple lille subject onlY to exceptions &lated aboVe. If Buyer Is paying fot lhe evidence of title and Seller has an ownefs pOllcy, Seller will deliver a copy to Buyer wilhfn 15 days after Effective Da~ . , :_ (iL) an abS1ract of title, prepared or brought current by an existing abstract firm or certified as correct by an axlstlng filffi".' · However, If 8Udl an ab~ ts not available to Seller, then a prior owner's tide poffcy acceptable to1he proposed inswer as a base for relssuance of coverage may be used. Tha prior policy wilf Include copies of au po!cy exceptions and an update In a format acceplabfe to Buyer from tha poftcy effective date and C811ified to Buyer or Buyer's closing agent together with copies of all documents recited In Iha prior polfcy and In the update. If such an abstract or prior pollcy Is not avallable to Seller then (I.) above will be the evidence of title.

(b) Tltfe ecamlnallon: Buyer wlfl, within 15 days from receipt of the evidence of title deliver written notice to Seller of title da!ecto. Title wfD ba cloemecl acceptable to Buyer if (1) Buyer fails to dallverpoper notice of defects or(2) Buyer dellvezsp,oper w:ftten notice and Seller cures the defects within -1L days from receipt of Iha notice ("Curatfva Period"). It Iha defeclS are cured Wilhin the Cu1811ve Period. dosing wlU occur within 10 days from aecefpt by Buyer of notice of such curing. Seller·inay elect not to cure defects If Seller reasonably believes any defect cannot ba CUllid wllhln the Curative Pel!od. If the defects arii • nat cured within the Curallve Period, Buyer wlD have 10 daya f:om receipt of notica of Saller'e Inability to cure the defects to elect whether to tetmlnate lhls Contmct or accept 6118 subject to e)dsllng defects and close the tranaaction withCUt reduction in pun:hase price.

IIT (c) Su,vey: (check applicabla provisions be!OW) ea g Saller will, within -1L. days liom Effecllve Date, deliver lo Buyer copies of prior SUNeys, plans, speclffcallons, and 89 engfneedn9 dcx:uments. If any, and the following documents :elevant to this tranll8Cllon: Enyirpnmental Report U so · · , prepamd for Salle\~~

91 8uy18(JlDJtJ( ) and Seller C£ ~ I acknowledge receipt of a copy of this page, which Is page 2 of 7 Pag1.~,Y. &.1I~ cc-a REY.11W9 02009 FloridaAssoclattonofREALTORSe AD!llghlsReseJWd ftoft:. +,'.f/fl.. Tb +he. ·

www.TruoForma.com fropaiy ·~3

92 9! 94 95 98 97

98

~ whlctt show all currently existing struelures. In the event Ihle transaction does not close all dOQlments provided !?Y. SellerW!D be ~ed to s,11erv.ithln 10 days from lhe date thls Conlrael Is terminated. ' · lit Buyer win, at . _ Seller's X Buyer"s Gllpense and \\!thin Iha tJme period eDowed to deDver and examine tide evld,mce obtain a cumin! certified survey of the Property ~cm a registered SU!V8)'1!r. If the survey reveals encroachmen!S an"tt,; Property or that the improvements encrcach en the lands cf another, : Buyer will aa:ept the Property With existing ellCIOIIChments X SUCh encroachments will conatflute a tlUe defect lo be cured within the Curative Period,

(d) Ingress and Egress. Selltir wamints that the Property presenUy has ingress and egress.

99 7. PROPERTY CONDITION: Seller Will deliver the Property lo Buyer et the time agreed in Its present •as Is" ccndltlcn. ordinary 100 wear and tear excepted, and wiff maintain the landscaping and grcunds In a comparable condition. Seller makes no warranlles 101 olher lllan marketability of title. By accepting the Property "as Is," Buyer waives au da!ms against Seller for any defect5 in Ille 102 P10perty. (Check (a) or (bl)

103 104 105 108 107 108 1Q!I 110 111 112 113 114 115 118 117 118 119 120 121 122 1~ 124 125

-_- (a)As Is: Buyer ha& inspected the Property or waives eny right to l11Spect and accepts the Property In its •as ts• conditkm. X (b) Due Diligence Period: Buyer \\411, at Buyer's expense and within · 30 days from Elfective Date reue Dlllgenoe Period'), delermlna whether the Property Is suitable, In Buyers sole end absolute discretion, for Buyer's Intended use and development of the Property as specifled In Paragraph 6. During Iha Due DIiigence Period, Buyer may conduct arr, teslS, analyses, surveys and lnVestlgatlons ("lnspedlonsi which Buyer deema necessary to determine to Buyer's satl&facllan Iha Property's engineering, architectural, envf10nmentel properties; zoning and zoning rastricticns; flood zone deslgnaflon and nlS!Jlctlona: suhdM&lon ,egulatioos; d and grade; avallabmty of l!OOll!l3 ta pYllllc mads, water, end oiher.utilitles; conB!stency vmh local, state and regional growth management and comprehensive land use plans: avallabiUty of pennllS, gave~ approvals and Uce~: compliance with American with [1lsabllltlea Act; abaence of asbestos, $Oil and ground water contamination; and other Inspections that Buyer deems appropriate lo delermlne the suttab!lity of the PIOpelly for Buyer's lntanded use end develepment Buyer will deliver written noUce lo Seller prior to the expiration of the Du11 Dlllganca Period of Buyer's determination of whether or not the Property Is ac:ceptable. Buyer's fallure to comply with this notice requirement will conalllute acceptance of the Property In Ila present •as Is" condlliOn. Seller granls to Buyer, its agents, ccntracloJS and assigns, the right to enter the Property et any time during the Due Diligence Period for the purposa of conducting tnspeclions: provided, however, that Buyer, its agents, contractors and e.salgns enter the Property and conduct lnapactlons at their own risk. Buyerwlll lndemnlfy and hold Seder harmless &om losses, damages. costs, claims and expenses or any nature, Including attorneys' fees at all levels, and from liability to any pelSOn, arising &om the conduc:t of eny and au lnspei;tians or any WOik autholiZed by Buyer. Buyerwlll not engage In any aCIMJy Iha! could result in a mechanic's lien being filed against the Pniperty without Seller'a prior written consent tn the event this transaction does not close, (1) Buyer will repair au damages to the Prcperty ruaulting from the Inspections and retum tile P10perty lo the condition tt was In prior lo conduct of the lnspedlans, and (2) Buyer will, al Buyer's expense. release lo Seller an reports end other work generated as e result of the Inspections. Should Buyer dellvertlmely notice that the Property Is not acceptable; Seller agrees that Buyer's deposit wi11 be immediately retumed to Buyer and the Contract terminated.

126 (c) Walk-thro11gh 1nspect10n: Buyer may, on Iha day prior to Cleslng or any o1ller time mutually agreeable to the parties. 121 collduct a final "Walk-through" Inspection of the Property to determine compliance with this paragraph and to ensure that all 12& Pmparty Is en the preml88$. · , .. :•· :.

~ ...... 1211 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Saner will continue lo operate the Property 811d any business. 130 conduc:tsd on Iha P10perty In the manner operated prior to Conltac:t and will lake no action that would advenlely Impact the 131 Property, tenants, lenderS or business, If any. Any cha!19f!S, suctt aa renUng vacant ~ace. that materially affect the Property or 1a2 Buyer's Intended use of the Property will be pennilled, only with Buyer's consent;)( without Buyer's consent

133 9. CLOSING PROCEDURE:

134 (a) Possession and Occupancy: 8ellerwlll deliver possession and occupancy of the Property to Buyer at closing. Seller wtll 135 provide keys, remote controls, and any securiJy/eccess codes necessary tooparate an locks, mailboxes, and security ~•ems.

1311 (b) costs: Buyer will pay buyer's attorneys' fees, taxes end recoldlng fees on notes, mortgage~ and Bnanc!ng slatements and 137 recording fees for the deed. Seller will pay sellel's atlDmeYS' fees. laxes on the deed and recon:ling fees fordoC1J111ents needed 139 1o aira title detects. If Seller ts obUgated to dlachalge any encumbrance at or prior lo closing and tans to do so, Buyer may 139 use purchase proceeds to satisfy the encumbrances.

140 (c) Documents: SeUer will provide the deed, bill of sate, mechanic's Ren affidavit. originals of those assignable service and 141 maintenance conlrects lhatwlll if\~~ Buyer after the Closing Dale and letters le each S111Vice contractor tom Sal~~- .

1,ii Buyer ~I ) and Seller ~( _ ) acknowledge receipt of a copy of 1hla page, which Is page 3 of7 Pages. ..- ·

Cc.-3 REV. 1°'°9 ~ FlodcloAasodatlonolREALTORSD All Rl!lh11 -Mid ··::• "'•'· : Fcnn~tiy.TnleForN• www.T111eFoms.cam 600-4BN812

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184 185 166 167 168 169

advising each of !hem of the sale of the Proparty and, if aPl)licable, the lral1afer of Its contract, and any assignable wamu1Ues or guarantees reeelved or held by Seller from any manufacturer, contractor, IIUbcontractor, or material supplier In c:ooolldlcn with the Property; cwrent cop!~ of the condamlnlum documents. If appllcable; assignments of leases, updated rent roll, tenant~ lander e&tappel letters. sss1g11111ents of permits and licenses, carrecll118 lnstrumenls and letters notifying tenants oflhe change in 0'1111811hlp/rental agent If any tenant refuses to execute an eatOPl)el latter, Sellar win certify that lnl'Omlallon regarding Iha tenant's lease la correct. If Seller is a co,poratlan, Seller WIU deliver a resolution of Its Board of Dlreclors au1horlzing ~·?(e anddellveiy of the deed and celllftcatlan by111e corporate Secrata,y cartlfylng the molllllan and setting fcrlh fads shewing tho conveyance conforms \llith the requirements of local law. Sellar WIU transfer security deposits to Buyer. Buyer will provide the clcslng statement. mortgages and notes, security agreements and financing statements.

(d) rexes and Praratlons: Real estates taxes, personal property taxes on any tangible personal property, bond payments assumed by Buyer, Interest, rents, asaociation dues, Insurance premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing, If the amount oflaxes !or the c:unent year cannot be ascertained, rates for the previous year wm be used with due allowance being made for Improvements and exemptions. Any tax proration baaed on an e&limate will, at request of ellher party, be readjusted upon receipt of current yeal'a tax bill; this provision will sundve closing.

(e) Special Assessment Uens: Certified, conftnned; and rattfted special assessment Ilana aa .of the Closing Dale will be paid by Seller. If a certified, ccnffnned, or rallfted special assessment Is payable In ln&tallmenta, Seller will pay all Installments due and payable en or bBfcre the Closing Date, with any lnslallment for any pedod extending beyond the Closing Dale pl'Ol8l8d, and Buyer win assume all Installments that bec0me due-and payable after the Closing Date. Buyer wiU be responsible for all assessments of any kind which become due and owing afler Closing Date, unless an Improvement Is substantially completed as af Closing Date. If an Improvement ls aub&tai\tially completed es of the Claslng Date but has not resulted In a Hen before dosing, Seller wlll pay the amount of the last estimate of the assessmenl

(1) Foreign Investment In Real Property Tax Act (FIRPTA): If Seller Is a "foreign person• as defined by FIRPTA. SeU&r.l!J'li;I Buyer agree to comply with Section 1445 of the lnlemal Revenue Code. Seller and Buyer wlll complete, execute, and dellwt\':" aa directed any Instrument, affi~avlt. or &latement reasonably nece5SBry to comply with the FIRPTA requrramenls, Including delivery af thelr respective lederal taxpayer ldenllficatlcn numbers or Social Security Numbera to !he closing agent. If Buyer does not pay sufficient cash at cl08ing to meet the withholding requirement, Seller wlll deliver to Buyer at closing the addiUonal cash necessary to saUsfy the requirement. ..

110 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent (AQent) to receive, deposit, and hold funds and other property m 1n 8SCl0W and, subject to collectlon, dlaburee them In acccrdance wllh Ille terms of this Contract. The parlles agree lllat Agent 112 will not be liable to any petson for mlsdellvery of escrowed Items to Seller or Buyer, unless the mlsdellvery Ts due to Agent's wllllul 173 bleach of this Conlract or gross negligence. If .Agent haa doubt aa to Agent's dutles or abllgallona under this Contract, Agent may, 174 atAgent's opUon. (a) hold the escrowed items unUI the parties mutually agree to 11s disbursement or untll a court af competent 175 jurisdiction or arbitrator determines the dghlS of the palties or (b) deposit the escrowed items with Iha dark of the court haVlng 116 JWisdlctlon over Iha matter and file an action In lnterpleader. Upon notifying the parties of such aotlon, Agent wlll be released 177 from ell Rablnty except for the duty to account ror items prevlcusly delivered out of escrow. If Agent is a Bcensed real estata 11a broker, Agent will complywtth Chapter 475, Florida Statutes. In any sultln which Agent lnterpleada the escrowacl Items or ls made a· 179 party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs fllQIITed, with these amounts .1so tobe paid tram and out of the escrowed Hems and charged and awarded as court costs In favor of the prevallln9 party.

m 11. CURE PERIOD: Pnor to any claim for default being made, a party will have an opportunity to cure any aRegad defau!L I\ a. 182 party faU& to comply with any provision of this contract, the olher party wiD deliver written notice to the non,camplylng,p~ 183 apecilyln(l the non-compliance. Tha non-complying party will have __ days (5 days If left blank) after dell very of such J\011Ci!'lo 184 cure the non-compliance. ·

185 12. RETURN OF DEPOSIT: Unless otherwise specified In the Conlrscl, In the event any condition of this Conlract is not me~ and 1ss Buyer has timely given any required notice reganllng the ccndiUon having not been met, Buyer's depos[t WIU be returned In 181 accardance with appllceble FIOrida Jaws and regulations.

188 13. DEFAULT:

169 (a) In the event Iha sale Is not closed due to any default or failure on the part of Seller other than failure to make Ille !Hie 190 msdcelable after dfllgenl effort, Buyer may either (1) receive a refund of Buyer's depaall(a) or (2) seek spedffc performance. 191 If Buyer elects a depoSII refund. Seller will be liable to Broker for the full amount of Iha brokerage fee. 1112 (b) In the event the sale ls not closed due to all)' efault orfellure on Ille part cf Buyer, sener may either (1) retain ell depaslt(s) 1n paid or agread to be paid by B sag upon lquldsled damages, ccnslderal!on for Iha execullon of this Contract. anti

194 euyer ~I ) and Saller ) acknowledge reeelp1 oh copy of lhla page, which la page 4 of 7 Pages.

cc;.a REY..10.W 1!2009 Florlda Asaoda!lon ,r REALTORS8 All Rlghls RaseMd .. ,.•-f'am~by.Truef'atmt,• www.Tru6F0tmLCOm 80().4994612

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195 198 197

In fi.lU selllement of any claims, upon which this COnl!8ct wlU terminate or (2) seek speelflo performance. If Seiter retains the daposlt, SeUer will pay the Srokera named In Para11raph 20 filly percent of all forfeited depoaits retained by Seller {IC lie split equally among the Brokers) up to the full amount of the brokerage fee.

198 14. AlTORNEY'S FEES AND COSTS: In any claim or controversy arising out Of or relaling to this Contract, the prevaillng ~. 1911 which fer pufPOS&S or this provision will Include Buyer, Seller and Broker, will ba awarded reasonable at10meys' feas, costs liJ\d., 200 mcpenses.

201 15. N011CES: All notices wiD be in writing and may be delivered by mall, personal delivery. or electronic means. Parties agn!e 'to 202 send all notices lo acldresses specified on the signature page(s). Any notice, docurnen~ or Item given by or delivered ID an attorney 203 or real esla!ltllcen$88 (incllldlng a transaetlon broket) represenUng a party wt II be as effective as If given by or delivered to that party •

. 204 18. DISCLOSUR£S:

205 20l5 2<f1

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212 213 214 215

218 217

(a) commercial Real Estate sates Commission Uen Act: The Florida Commereial Real Estate Sales Commleslon Uen Act provides lhatwhen a bicker has earned a c:omm!sslon by parlonnlng ncensed services under a brokerage agreement v.1!h you, th& lllokllr may clalm a rien against yournet sates proceeds fer the bicker'& commission. The brokers Ben rights under lite act cannot be walVed before the c:ommlsslon Is earned.

(b) Special Assessment Uens Imposed by Public: Body: :rile Property may be subject to unpaid special assessment • lien(s) frnl)OSIHI by a public body. (A pubUc body Includes-a Community Deve!opment Dfstrtct.) SUch liens, if any, shall be paid · a& set forth In Paragraph 9.(e). ·

(c) Radon Gas: Radon isa naturally OCCtlfflng radloaclive gas that, when it hes accumulated In a bultdlng In sufficient quantities, msy present health rlskS to persons who are llllJlosed to II over time. Levels of radon that exceed federal and state gul~J!IBS have been found In buildings in Florida. AddRlonal Information regarding radon and radon testlng may be oblalned from Y0111't, county publfc neann unit. ·

(d) EnMl!Y-Efflclency Rating lnfonnatlon: Buyer acknowledges receipt of the lnfonnetlon brochure required by S<!dlon 553.998, Florida Stalutes.

218 17. RISK OF LOSS:

219 (al If, after the Effecllve Date and before closing, the Properly Is damaged by fire or other casualty, Seller will bear tha risk or 220 less and Buyer may cancel this contract without llability and Ille deposil(s) will be raw med to Buyer. Altemetlvely, Buyerv.ill 221 have the option of purchasing the Property at the agreed upon purchase pri,;e and Seller wiQ tranGfer to Buyer at closing any 222 tnswance proceeds, or seller's c:talm to any Insurance proceeds payable for the damage. Seller will cooperate with and

223 assist Buyer In coUecttng any such praceeds.

224 (b) If, after lite Effective Date and before closing, any part of the Property Is taken in condemnation or undertha light of eminent 225 domain, or proceedings for 8Uch taking wlR be pending cir threatened, Buyer may cancel this Contract wlthOut llablllty and the 226 depo81t(s) will be returned to Buyer. Alternatively, Buyer will have the option of purchasing what Is left of the Property at the 227 agreed upon purehase price and Seller will transfer to the Buyer at closing lite proceeds of any award, or Sailer's clalm to 228 any award payable fcir the taking. SellerwiU cooperate with and assi&t Buyer In collecting any 8Uch awanl.

229 18. ASSIGNABIUTY; PERSONS BOUND: lhls Contract may be assigned to a ralated enllty, and otharwise = is·l)OI 230 assignable Xia assignable. The terms "Buyer." "Selle!" and "Brcklll" may be elngular or plural. This Contract Is binding upbi,•-231 Buyer, Seller and their heirs, personal representatives. successors and assigns flf assignment Is pem11tted).

232 19. MISCELLANEOUS: Tile tenns cf ll'lls Contract con&lltute the enllte agreement between Buyer and seller. _Mod!ffcaUans of m this Contract will not be bfncing unless In wrllin9, signed and delivered by the party to be bound. Signatures, lnllials, dccuments 234 referenced Jn this Contract. counterparts and written modlficatlons communicated eledronlcatly or on paper win be acceptable for 23$ an purposes, Including dellvery, end wlll be binding. HandWll'tlen .or typewritten terms lnseitcd 111 or ettached to tills Contract 238 pr8Y8ll over preprinted terms. If any provision of tills contract Is or beOOmes Invalid or unenforceable, all remaining prcl/lSIOns will m conllnue to be fully effecllv&. This Contract will be construed under Florida law end will not be recorded in any publl~ records.

23a Buyer ,c,,t. \I cc-3 REV. 10lll9

) and Sellar~ ) aclcnowledga receipt of a COfl'/ of lhls page, 'Mlidl Is page 5 of 7 Pages.

239 20. BROKERS: NeHher Seller nor Buyer has used the BelV!ces of, or for any olher reason owes campensatton 10 a licensed real 240 estate Broker other than: '

241 (a) Seller's Brokar: _____ ..,,Boeird;';,Ra=:a~llytGr~o:':up~.,.1n,,.c,'--------,,,.,.,.,----,---------~ 242 (Company Name) (Ucensae)

243 244

84720thPlg Yem f!tfnb, FL 112--na-2131 (Address. Telephone, Fax, E-mall) ten:vtones@b!rdreallY,eoro

245 \'!.~O: : Is a s!ngle agent • Is a ~on broker. has noJirokerage relationship and who wlH be ecmpensated by ::&'.Saller 246 . . Buyer •. . lloth parties pursuant to Xa listing agreement. . other (specify) Commls§lon {3%) , •. 247

243 {bl Buyer's Bro1<ar: __ _,R,.ea,..J..,E .. ata.,...te~&f;;M~a~nage::',;;'i\m;;;an;;;t-'1Gm....,u,.p..,.1,,,nc,._. ------:;-;:::=,,.---....:..-----~ 249 (Company Name) (Uoensee)

250 251

· 800 Eighth Slteet yem Beach, FL 772ji62-0018 I 772ji63,0065 [email protected] (Addn,ss, ~one. Fax, E-mail)

252 who:.... rs a single _!!gent . 1!.!I transaction broker .::ha! no brokerage relationship and W!Jo will be compensaled by~ Sellar'~ ZS3 · Broker :J Sellar. Buyer. both parties pursuant to Xan,MLS offer of c:ompensatlon _ : other (specify) 254 CommlsslonI3%} Z55 (colledlvely referred to as "Broker") In connection with any act relaUng to Iha Ptoperty, Including but not limtted to inquiries 256 Jntnidudlons, consultations, and negoUations resulting In !his lransadlon. Seller and Buyer agree to indemnify and hold erou,,'. 257 harmless from and against los&es, damages, eo&ts and expenses of any kind, lncllldlng reasonable attomeya• fees at BIi ieveis, m and from. llablJlty to any pen;on, arising from (1) compensation claimed l\fllch Is Inconsistent will'I the repl8S8nlation in this 259 Parag181)h, (2) enfon:ement action to cclleet a brokerage fee pUtSUant to Paragraph 10, (3) any duty aecepted by Broker at tho Z80 request of Seller or Buyer, whlch is beyond Iha acope of saNicea regulated by Chapter 475, Florida Statutes, as amended, or (4) 2a1 recommendations of or senrices provided and expenses Incurred by any third party whom Broker refers, recommends, or relalns 262 _ror or on behalf of Seller or Buyer. J.

253 21. OP-_TIONAL CLAUSES: (Check if any of lh_efollowlng clauses are appllcable and are attached as an addendum to this Contrar:t): 284 __ ,Albllratfon ~ Seller warranty = Existing Morfuaee 285 , , Section 1031 Exchange . _ . Coastal Construction Conll'OI Una ,.,_, Buyel'sAl!omey Approval 2S6 · , ,Property Inspection and Repair " Flood Area HazardZOne .. ~Se!ler'sAttomeyApprovaf Z67 • Seller Representadons Seller Financing ....: Other ________ _

28a ·22. ADDmONAL TERMS:

269 -----~------------------------------270 -......,--~~-----------------------------'--'-271 ___________________________________ .....;,

272 ------------------------------------273 --'----------------------------------274 ------------------------------------275 ------------------------------------278 -----------------------------------2n ------------------------------------278 ------------------------------------279 lHIS IS INTENDl:D TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN 280 ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYl:R AND SELLER TO VERIFY ALL FACTS AND zet REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR 28Z LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE 283 PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIQN INVESTOR REPORTING REQUIREMENnS, ETC.) AHD 284 FOR TAX, P.ROPERTY CONDITION, ENVIRONMl:NTAL AHD OTHER SPECIALIZl!D ADVICE. BUYER ACKNOWLEDGES 285 THAT BROKER DOES NOT OCCUPY ntE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITIEN OR 288 OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER 287 INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, 286 PROFESSIONAL INSPEClORS AND GOVERNME :.U. AGENCIES FOR VERIFICATION OF THE PROPERlY CONDITION, 289 SQUARE FOOTAGE AND FACTS :r MATE Y AFFECTPROPER1Y VALUE.

CC,3 ft!,\( 10/09 02009 flcl!d;,~oc:lallon o/ REALTORS& AD Rlghto-

Farmsn:m=Jd br, Trtl6Forru,. www.TtuoFonu.com 800-409-8812

137

291 292 293

Each pe1B011 signing lhls Contract on behalf of a party 1hat Is a busll!G68 entity represents and wanants to the Olller party that SUCh Blgnato,y has full power ancf authority to enter Into encl pedorm lhls Contract In accon!ane& Wilh 11s terms and each peraon imcutlng this Contract and other cf0C11111ants an behalf of such party haa bean duly authorized to do so.

294 See attached 295 (Signature of Buyer) .

Date: _____________ _

296 Indian BJvar County 2!17 (Typed or Printed Name of Buyer)

lax ID No: ___________ _

:zua Title: __________________ _ Telephona: ___________ . ..i\<!::":..

299 -,,,----,,----------------300 (Signabn of Buyer)

Dale: _____________ _

.301 ---------------------302 (1'Jped ot Printed Name of Buyer) "lllxlD No:------------

303 1We: William K DeBraaJ, Esq Telephone: ___ .,_.ffl~•:11.1228:ti!!:.11:=@~---

304 Buver'aAddrasa far)lurposa of nottce: ____ ..,1ao.,.,_1_.2,.,71h.....,.s,.1re.,e,._1 _______ ...;V,!tlarp=.eBead\-ll!,.J, FL:i,.,,32860-=---305 Facafmlla: _________________ _

E•mall: __ ,.e, .. u,..Qebm...,.,,.,..al:.;:<M,...,ebra..., .. a"'l@=J,cg=ov.,.,cqn>-~-

:~V::-: 15 !oa sun Trust Bank

Date:E •1 ~ ;Jo{/ -·· Tall ID No: ____________ _

309 (1yped or ;~ed N!1: of~~--': 310 Tllle: VICI.< p.~Slef~

, Telaphone: ____________ _

311 Date: _____________ _

312 (Slgna!VNI of Seller)

313 --,----,.--------,~,,..-,------------314 m,ped or Printed Name of Seller)

Tax ID No: ___________ _

315 Tille: _________________ _ Teleph11118: ___________ _

316 Seller's Address for pwpase of notice: --~2S,.,..t11._P.,a .. rtc.._p .. 1.,.1191_,llth.....,F1_.,oor.,.,_ ______ _.A11=anta= • ..,GAaaas .. pao.,,,.3.._ __ _ 317 Facs!mile: ________________ _ E-mail: ____________ _

318 Buyer~ and Sellar~ l ~ledge reGelptof a c:cpy of this page, Which la page 7 of7 Pages.

cc-3 Rllv. 10/09 02C011 FloridaAs&oda1lon cd REALTORS$ All Rfahls RilCONOd

Foam_,.,l>J:Tn,eFom,1• www.T..-&.COIII 800-48G-S612

138

!ti WffNE.$.$ INHE.Rftd•F, the undet$l!),ned . liave ali)proved. and• 11JXequt$d thi$ · Comrnr;,roial O<mtmot on-this,'---"--gi;tyof:i\p,iil!~Q:;J!l,

Approved:

Attest Jeffrey K . $;,iiOn, Clerk of Court

eL~ .. :.-_·_·-. _ .. >-:·· ,· ___ , 8v~/4<··_ ... ·,·._

DeputyCJerk - · ~

139

Full Legal Descl'iption for Parcel 32392700009011000002.0

Parcel: 32392700009011000002.0 I Full l.ejial Description

INDIAN RIVER FARMS CO SUB

PBS 2•25, BEINQ A POR. OF TR 11, BEING MO

R.B FULLY OESC AS FOLLOWS: COM ATNW COR OF TR 11; TII RUNS

89 DEG 57 MIN 32 SEC

E {BASIS OF BEAIUNOS) ALONG N Ll'NE OF SA

ID TR 11 A DISTOF 654.60 FT TOW LINEOF E 20 AC OF AFOR.

ESAIDTR 11; n-r-soo D

60 17MIN SL S)!C W ADISTOF60.<JOFTTO

POB;TH N S!>DECi 51 MIN J2SEC W ADl~OF 510.00 FT\ TH

SOODEG 17MINSI SEC

W A DIST OF 23S,00 FT; TH S 89 DEO S7M

IN 32SEC EA DIST OF 510.00 FT;THN0ODEO 17 MIN SI SEC

E A DIST OF 23S.00 FT

TOPOB.

h.ttp://www.ircpa.org/ToolsJF'uIILegal.aspx?ParcclID•32392700009011000002.0

Page 1 of 1

'

4127/2011

140

ADDENDUM TO . AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

DATED

Ma+r q1Jv-:2011 BETWEEN

AS SELLER,

AND

ASBUVER

RELATING TO PROPERTY DESCRIBED AS

THE PARTIES ACKNOWLEDGE AND AGREE IF ANY PROVISION OF THIS ADDENDUM (•Addendum") CONFLICTS IN WHOLE OR IN PART WITH OTHER TERMS OF THE AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (th&"A&reemtllt"),OR ANY 0TH ER EXHIBITOR AMENDMENT THERETO OR HERETO, THE PROVISIONS OF THIS ADDENDUM SHALL PREVAIL AND CONTROL.

· 1. 'AS 1s• Pl§PbAIMEB; NQ SELLER REPRESENTATIONS Qfl WARRANTIES. As a ID8lllrial part of the considaation for the contract, Buyer Bl!l=S that Buyer is acquiring the Property •as is", "whn is", with all fau!IS and dctbcts, latent and patcot, whelber knoWD, unknown, diseloscd or undisclosed by Seller. and Buyer acknowledges and agrec:s dul1 Seller has not made, docs not make and Seller hereby spcclflcally disclaims any rcprcsc111111ioas, wammtics, promises, comumlS, ~is. or gua:antics of any lcin!l or character whalsocver, whether cxprcssecl or implied, oral or wr1U=, past, present or tiitllre, o~ u to, concerning or with rcspcet to (a) tho babltability, Dlt.lCbanlablUty or filnOSa ofa particular purpose oflhc Property or any part dlmof; {b) the compliame of or by the Property or its operalion with any laws, rules, onlinances or icgulations of any govenlll!,Cll1al authority or body having jurisdlclion Including, without limitation, all applicable 7.011lng laws or olhc:i lane! use iquladons lneluding those, without limitation, pennlUing and c:crtilicale$ of occupanqr, (c) 1hc natmc, quality or condition of the Prcpcny, Including, without limltadon, watu, soi~ an!l geology, or tbc plCSCIICC or absence of any pollutant, mold. lcad•bascd paint, radoo, bmanlous or coxlc su~ or material, haDldous orllOlid waste, ICnllitcs or other wood dcslroying organism or any other type of Insects. UDdergtoun4 Ol' above grouml storage lall1c system, or any other CODwnlnation or cnvlronmcncal oondltion on, in, under or abolll the Property; (d) the suitability of'thc Properly for any and all acrivlties an uses wb1ch Buyer mq illtend to conduct thereon: (c) any Income to be derived &om the Property; (f) the marketability, mm:banlabilily, ase, qualil)', Slate of repair or fitness for a particular pmpose of any Items ofpcrsoaal Propcny dW may or may not be loc:atc:d upon the Property, Including, withour llmltalillll, any hvac, eoolcln& 1etiigcrat!ng, dlshwashlnB, plumbing or clccuigal apparatus or cquipmcnt boilen, caglucs, moton, gencndng equipment, piping or plumbing fixtures, widcrgtounl1 or above gnllllld SUJngetanlc sy$1eL4, .-tllDtma or vacuum cleaning s)'SICQIS, irrigation systcmS, fire alanns, file cxdngulsbing apparatus, security systems, w

141

telephone systems, telephone jacks, cable Jacb, gas and elccrr!c t1xrures, elevators, mantels, built-In murms. screens, srmm suhes, a~.~ under padding or drapes; or (a) any odter mauicr rclaled to or llOIICelniDS tho Property or any items of PfflOllal property wblch may or may not be: ICM:lled thereon. Buyer shall not scdc ,_,_ against Sella on account of any loss, cost or~ swr-d or lllcamd by BIIYCr with rcgaid to any of the maltffl descn"bcd in above and hereby 8$11111les the risk of any~ malliCn rclakd to the matters described above llom and after the date of closing. II' •ddidon, a11d wllhout . limiting the forego ins, Seller specltically makes no repc.scnta1lons as to the existence, suitability, or the woddng condition of, of any system iqchading but not limited to clcctric, gas, water, (publlcor well), sepdc (public or private), cable, lntemct, or the stalUS of any available permits or approvals relalcd tbfflto. No warranties, whether associated with original CODStnlctioD, post acq11isillon C011S1Netion, appliance or service wanaodcs or Olbcrwlsc, wi11 be ballSferrcd to Buyer at Closing.

2. PBQPERTY CONDITION: HP SELLER'S PROPERTY 01sctosyRE; CH ANG ES IQ PROP§ RT Y. Buyer is aware and acknowledges that Seller is selling a property which was acquired by Seller through foreclosure, deed In lie11 oftbfcclosurc, or similar proceedings and that Seller is not familiar with the condition of the Pmperty or any portloD lllm:!!.£ Bfflt ~ that Se1lcr is not lhercforc able to provide an accurate Seller's~ disclosuR or sbnllar SlalcmeDt. Buyer is aware that tho subjcet Property was not coDSlrllclcd by Sclli:,-. Buyer tiulhcr aoknowlcdp that there have been no ICJKCSCntation(s) or~) made by Scllcr, or any odtc:r J1C1SOD accing as Sellers rcp1'CSClltalive and/or Buyer's rcprcscalalivc regarding die condition of tile Property or any pordoo dlacof, lncllldlng, widlout limitalion, of the Slnlctural componcnts thc,cot: Ncllllcr Buyer, nor its rcprcselllalivcs, shaU enter upon the Property to make any icpalis prior to closing wi1hout the prior written consent of Seller. Repairs made by Seller, if any, shall be completed by a vendor approved by Seu«, and shall be Sllbject only to Seller's satisfaction. /Uly rcpaln or trca1111C1115· made, « caused to be made, by Seller shall

· be completed prior to the closing. 'the closing of this sale shall ~ acknowlcdganc:nt by Bll)'U lhst Bll)'CI' has bad the opportunity to rccaln an indcpendcllt, qualified prol'cssional to Inspect the Property and lhst die condition of tho Property is acceptable to ~rat lh~ time of closing. Under no circumstances shall Seller be required to make any repairs or uealmen!S after the Closing Date. Bll)'cr acknowledges dlat closinJ Oil lhis lnlllS&CliOD shall bo deemed to be B\IYl=r'S rcsfllrmalion !hat Buyer is '8lls&d willl 1hc condition oftbc Property and with all repairs and tmtmelllS io the Property. Flllther, if Buyer closes, Buyer waives all claims arising out of rcladng In any way to die condition of. or tn:atmmlS or repairs to, and the condilion oflhc Property. Seller docs not warrant or guarantee any work, iq,ain, or trcalments to tbc Property. Seller shall have no liability or obligstion for delays In Closing dllC to tbe condition of the

. PICpcrty.

3. I I ILE. Seller shall convey good and nuulcetablc dtlc to tbc Propctty hy Umi!Cd or Special Wairanty Deed, wilh said convcyancc being Sllbjec( to (a) current city, slate and COllllty ad valoiem and sanhmy taxes not yet due and payable, (b) mning ordinances. {c) all maltcrs of record, 111d (d) au mattm !bat would be -led by a survey or physical lmpcction of the Property. Good and inatkcqblc citlo as used herein shall incan title which a title inswanc:c company licensed to do business In the Stale in wblch 11111 Propcny Is locaicd wlll bww Ill its regular published raw. Buyer ehall give Seller, IIOt less dian seven (7) bmlncss days prior to Closing. a written statement of objcctlcms afrectins die lll&dcdabDity of said title. If Bll)'er docs DOI provide &\ICh objection wldiln die lime spcoificd, Buyer shall be held IO have waived all tlllc and survey objections. Seller shall have tbc option, in Seller's solo cliscntlcn, to cure any timely title objccllons prior 10 Closing. Sh0111d Seller elcet not the cure such objcctlon(s). lhcn tbc E1mest Money deposit shall be rcfbndcd to Buyer, whereupon the parties shall have no further ollligalion to each odlcr, except as may spcciftcally Sllrvive the tcrmlnatlon of the Agiccmcn1. In no event shall Seller have :~igation to cure or correct any title clcfecis or to uso dillpt efforbl to e11rc or comet any tit~ ~ V 03/11/11 2 '(Jv

142

4. BROKERAGE CQMMJSSIQN§. un1eas,pcel6callyse1outbe!oworillt11c A~nt, tho parties admowled~ and 118'" dial Ihm arc no bro'keraa= fees or commissions due, no broken services have been engaged with ~ IO the purchase of sale oftbo Property aa4 dud no notice of my lien for such services bas been received. Except for the Lisling Apnt and Selllna Apt identified la Ibis Addendum, each pally repiacnis and wammts to tha other dial it bas not en8JIP Ibo saviecs of or deaftwilbanyolb«brolce:r,salespe,son«otherpe,sooorcnlityvmomayclalmacommissiooorOIIICt paymcnt fn COl\lunction with this Contrac:t. Each party hereto agrees to Indemnify, defend and hold tbc olbcr Par11bannlcss ltom and against all loss, claims, com 111d expenses (lnclud!DalWOlllblcauomcys' fees) caused by a ~of'" foregoing rcpttSCl!lition, This paragraph shall IIW'YNC Closing 11111 die dclivcly of the deed and 1111)' lcnnlnatioll of this Contract. Fllllhcr, Seller will not, under any clmumsrnnccs. piy 1111)' findm's or re1bnl fee or any other fee IO any pany as part of this trmacdoll. Notwilhs11mding any provision or agrccmc:nt~ harcin or containccl In any other aar-it to die COIIUaly, Lisllna Agent and Selling Agent hereby ape that (I) no commissions Ol' otber lilokerai,c fees ahall be due and payable to dlhcr 1hc Listing Agent or die Selling Agent lllllcss the 1nUISaClion succcsslilUy closes rcprdlcss ofllluli; (II) neither Listing ,\pl nor Scllfng A gait shall be cntfllc4 to Ill)! ponlon ofthc CSCIOW dqmils ill die ~Cllt lhc Ullll: IICC forfi:il:d to dlcScller; l!!!!!.(lh)cxccptuCOl!ralncd In. separate wriUcn agreement between such broker 111d Seller, there ls no COlllraclllal f"lallooahlp bclwecll IIICh broker and Seller 111d Seller bas no obligation to use such broker for tho muket!ngoftbo Propcny or arrt olher propcny •

..t,_ Commission Due: If this blank is chccbd, the following c:ommlssions arc to be paid from Sellds ~ at du: complelion oftbo Closing of this Piopcny:

To~igcnt{llril\tnamc} a....1 Gl..:k... · ,; ,J ctk --4':, J;.,, : -=1%ofSalcsPru:corS. ___ _

ToSelllngA;t: [printoamc] f?,, J.. f4llr ~ -/ . kref,M•'- 7: ~%ofSalcsPrlccorS ___ _

S. DE FA U b T. Buyer and Seller shall ptoeccd IO Closing In accordance widl ibc rmms of die AgtCCIIICllt, U modlftcd by tbfs Addendum, and each lldmowlcdgcs diat fillllll'G or reftial1 Ill do 50 fbr lily rcasonotbcrdumabrcachordellwt1bythcothcrpartyshallconsti1u=a~hcrcofaodadcfaultllDClcrlhc ABJCCIDcnt ICBuycr tllils or refuses to p,occcd to Closfng on dlC: ClosingDale, as extended, if appllcabk. or othcrw!sc lllilsor rcfbscs to comply with die laDIS. covena11tsud condftiollsoflheAsieem=t, as D'Olliflt,I l)y tbfsJ.ddcndum, for uy rcasonothcrtbana breach or de&ult by Scllcr lhen Scller'ssolclllldc:xcluslvcmncdy shall be to IClminatc 1h11 Contractaodrcllln Ill>' Barncst Mency actually paid byBuyaas liquldalr,d darnagcs (such rctcodon of tho Earnest Money is intcllded not u a penalty, but II lllll llquldated dmap) 'u which e\lCIII the parties shall be relieved of all obligations under the Apmcor, cxccp1 as lllllY spccltically lllll'Yiff the lalllinadOD of the Apcmcnt. If Seller falls or rclllses Ill proceed to Closing on 1hc Closing Dale, or odlciwiscllills or rduscs to comply with the terms, coVCIIIIIIIS and co«1dilicnsoflhc Apmncnt, .. modified by this Addendum. for uy reason othcTthan a bleach or dcfiwlt by Boyer, Buyer's sole and exclusiwremtdl:s shall be to either(!) terminate the Apecmentand rcccivc a refiladofl!arncstMoncy in which event die panics shall be 11:licvcd of all obllptions Wider 1hc Aa,eemcnr, oxccpt as may spcclftcally survive thc tcrmiDatioo.of tho Asieemant, or (ii) co111111cnce an action for spccitic pcrformancc of the Agreement within thirty (30) days after lhe date of Seller's dcfiwlL

6. euyER•s REPBJSPITA!!QN§ AND WARRANTIES. Buyer hereby makes 1hc following rq,rcscntalioos, Wllfflllltlcs and COVC118111S:

(a) This Apcement has been du

3

ty aud!orizcd, executed and dclivcml by all f\";:" / 03/17/11 ~

143

action on the part of Buyer, t:OIIS!itutcs 1he valid and binding agreement of Buyer and is cnfbn:cablc in accordance with Its terms.

(b) Buyu Is not a "forc18JI pmon" within Ille meaning of U.S.~ 8"drnls 1445 and 7701 (i.e., Buyer is not a nonresident alica, fonllp eoiporalioJI, tbM!gn par1Dcnbip, ton:Ip trua or ~ estate as 1bosc terms arc defined In tho Code and regulations prllffllllga!ed thcrcundef).

(c) Buyer repiesents and warrants to Seller that neither Buyer nor any of its direclffl, nwipgeis, officers, employees. mcmbcn, partners, shareholders, ·lrUSICCS or any olhcr pcnon having an OW!lenhlp lnlaC$t ID Buyer Is a (I) dlrcctor, (ii) ofllecr (as dcfillcd In Ruic 16&-l promlllplcd under !he Sccurilies Exdwigc: Act of 1934, as amcndcd), (Ill) bcncllcial owner, dJnctly or lndln:ctly, oflDOll:than ta1 pcrccat (10%) of 81\Y class or form of equity securities or other equity.interests, or (iv) dliliatc (as definccl ID Rule 144 promulgated under dtc Securities Act of 1933, os amended) ofSunTrustBanb, Inc, on the Eff'cctive Dale or the Closing Dale.

(d) Buyer icpments and warrants lo Seller (i) lhal neilllcr Buyer nor any penon or entity that directly or indirectly owns any lntclest In Buyer nor any of ils officers, dircctms or managing members Is a person or entity with whom U.S. persons or~ aro reslrlclcd fi'om doing bualness under icsutatioDS of!hcOfflcc ofForcl8JI Asset Control (".llfA&.") oflhc U.S. Dcpanmcntoftbc Treaswy (Including 1hosc named on OF A C's Specially Dcsipted and Bloclccd PCISOllS List) or UDdcr any 811!Ute, excculivcordcr (lncluclln& but not limited to, F.xceutivo Onlcr 13224 l"ExacutJya Order") slpcd on September 24, 2001 1111d entitled "Blocking Property and Prohibiting Tl'IIIISIClloas with PCl'SCIIIS Who Commit, Threaten to Commlr. or Support Terrorism"), or other govanmcotal action, (Ii) tbal Bll)'Ol"1 activities do uotvlolallclhc lntc,Jtalfonal M011cyI-111rvJorlQg.A.liarcrnea11nd Financla!An!i-Tarorism Act or2001 or the rcgulad011s or orders promulptcd thCICWldcr (as amended limn time to limo, ttac "Money Laundering Act"}, and (ill) that so long as this AgRcmcn1 Is in run torec and ell'¢Ct, Buyer ahall co111ply with the Bxecutive Order and with the Money Laundering Act. .

( e) Buyer represents and covcnanls that Buyer is noc funding any portion of die l'lltCbase Price or olhcr costs related to the acqulsldon of die Property using financing ftom SunTl'IISt Bank, S1111Tlust Mortgage, Inc~ or any aftillato of such cnlides.

7. ASSIQ NM ENT. Exccptu described below, Buycr11111Yaotassian ill ilUctcstin dus AglCCIIICllt IO 8llOlbcr party(" Assjana&") wilhout Seller's prior wriucn cooscnt, which ~maybe wllhheld in Seller's sole dlscrcllon. Buyer may assign its In~ in this ~ent to an Aaaipcc wldlout ScUcr's prior wriltell consent N long as suchAsslpccisBuycr's wholly-owned (dhectly or ind=tly) subsidiary~ affiliate, 'Nhfcb ownenblp statmsball be 1eprcscntcd by Buycr in thc AssigMlcot and Asswnpdon of Purchase and SalcAgJCc.llCUI (as defined below). Bdoft: my assismucat bcmmdcris cff'cclive (whetberto a subsldimy, affilial,, or- other pmy), Buyer 1111d Assignee shall deliver to Seller au cxceulccl aseignmfflt and assunrplioa c1ocumem n:asonablf acceplab!e to Scllcr(thc "Ap19nmapt and Assumption of Pu rchasa a pd Sala Aqrgmenr'), In which Aaslpeuball glvo the - rqmcnllllions, wammtics, mid covenants as given by Buyer in Section 6 above. Upon such assignment, BIIJ" llhall 1IOt be rclcasccl liom liability Wider this ApcmcnL

8. G O ye RN IN$ l AW. The Agrecmentshall be govcmcd by the laws ofdtc SlalC in which

the Property is JOC81Cd. ~v [SlgnalUrCS on Next Pagel

03/17/11 4

144

SELLER:

SUNTRUST BANK,aGeorgiabankingcoiporation

CRM FLORIDA PROPERTIES, LLC, a Georgia limited liability company CRM CENTRAL PROPERTIES, LLC, a Georgia limited liability company CRM MID-ATLANTIC PROPERTIES, LLC, a Georgia limited liability company

By: CRM Pn,pertics Manager, LLC, its sole member

BUYER:

f /. -1 • .)-.. J/.--c.il -=;

.(.,, ,. s i,, .... _1. .... ,.-.s

By: _________ _

Name: _________ _

Title: _________ _

JOINDER BY LISTING AGENT ANO SELLING AGENT

The undersigned Listi.as Agent and Selling Agent hereby aelcnowlcdgc and asrco to the "Brokerage Commissions'' provisions conlllincd in paragraph 4 of the foregoing Addendum. The foregoing Is a material inducement 10 Scllcrenterills into the COllllaCI and shall 9'l)ICl,edc any con1rary provision in any agreement bctwccn or among Seller, Buyer, Listing Agcot and/or Selling Agent.

LISTING AGENT: ....... ---By: _________ _

Name: _________ _ Nmnc: _________ _

Title: _________ _ Title: v/(e ( · I ~

03/17/11 s

145

IN WlTNt;G$ . WHERiQF, th.e undefSi.911ed have approved and ·exeout~ (hjs Adi;lendum toP.utchtise and Sale otReat?roperwon thjs _ dayof,May 2011.

Appre;,ved:

BOA!RO QF(XJUNiYCO.MMISSJONERS iNIJIAN 'Rl\/!tR eotJNiY. FLORIDA

AP'J)roved as to form and legal sufficieni::y

!J!Lt {]If) _.i .' .,_:: • ·.' ' _: -·' _.':.-/ _-:. ~~···~. W!llfom K. DeBraal ~r,nrty County Attorney

146

IN WITNESS WHEREOF, the undersigned have approved and executed this counter offer to the Commercial Contract on this 17th day of May 2011.

Approved:

By ___ ~--------Joseph A. Baird County Administrator

Attest: Jeffrey K. Barton, Clerk of Court

By:. ___________ _ Deputy Clerk


BY: ·------------Bob Solari, Chairman

BCCApproved: May 17, 2011

sufficiency

William K. DeBraal Deputy County Attorney

147

ATTORNEY'S MATTERS: 5/17 /11

Office of f3B 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 e . C-,c

Alan S. Polackw,ch, Sr., County Pi. torney

William K. DeBraal, Deputy County AttoWe~

May10,2011

Payment Agreement for Required Improvements Constructed by DiVosta Homes, LP

DiVosta Homes, LP ("DiVosta") entered into a Development Order with the County dated November 9, 2004. The Development Order requires DiVosta to perform various infrastructure improvements brought about as a result of the impact of their development, Waterway Village, a Development of Regional Impact located east of 58th Avenue between 49th Street and the North Relief Canal.

In paragraph 58 of the Development Order, DiVosta and the County were required to enter into a separate agreement to · install a 12" diameter master planned water main and a 12" diameter master planned force sewer main lines along 53rd Street from 58th Avenue to their eastern property line. These main lines were in excess of what was necessary to accommodate their development. Although DiVosta and the County never entered into the separate agreement, the intent of the Development Order was that the County would reimburse DiVosta for the proportionate share of the cost of over sizing the water and sewer mains as County residents not residing with Waterway Village would be benefited. DiVosta has completed the installation of the over sized water and sewer main lines in compliance with the Development Order and the County has accepted the completed work. Staff has calculated the reimbursement due to DiVosta in the sum of $315,785.62 in full and final satisfaction of all payments required by paragraph 58 of the Development Order.

.. /' ' ,,., 1, ,, '

Admln.

Legal

Budget

De9t.

~R~ls~K~M~gr~·L--l--'--l48

MEMORANDUM - BCC DiVosta May 10, 2011 Page2

Originally, payment was to be made to DiVosta over a period of five years with annual installments. However, since all of the work has been completed and accepted, the parties have agreed to waive the annual installment requirement in lieu of a lump sum payment. The reimbursement amount due to DiVosta is consistent with reimbursements made to other developers for similar improvements constructed by the developer.

Recommendation: Staff recommends the Board approve the attached Satisfaction and Payment Agreement for Required Improvements and authorize the Chairman to execute the document on behalf the Board. The County will have 30 days from the date of approval of this agreement to remit payment to DiVosta.

Funding: Funds for this project are derived from the Capital Fund. Capital Fund revenues are generated from impact fees.

Attachments: Satisfaction and Payment Agreement for Required Improvements Paragraph 58 of the Development Order

149

RESOLUTION 2010- 037

54. A vegetated littoral zone shall be established in the Jakes constructed on site. The littoral zone shall be constructed to provide a minimum of 40 SF of littoral area for every linear foot of lakeshore not adjacent to residential units. Prior to the expansion of the existing lake system, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan may be incorporated into the Preserve Area Management Plan and shall be subject to approval by the St. Johns River Water Management District, and Indian River County prior to beginning any excavation activity. Littoral zones shall be constructed concurrent with lake excavation and final grading, and shall contain wetland trees (Cypress, Maple, Sweetgum, etc.). A minimum of 1 tree per 10' of shoreline is required. The trees may be grouped and must be a minimum of 5' tall with a 1" caliper. Operational permits for the surface water management system shall not be issued nor shall a certificate of occupancy for any portion of the project be issued until such time as littoral zones have been found to be constructed in conformance with approved plans. Littoral zones must be approved prior to the issuance of a site plan or land development permit for each phase.

5 5. Maintenance and management efforts required to assure the continued viability of preserved wetland habitats and the proper operation of all components of the surface water management system shall be the financial and physical responsibility of the developer. Any entities subsequently approved by Indian River County to replace the developer shall be required, at a minimum, to assume the responsibilities outlined above.

5 6. A minimum of 50% of the landscape material shall be native drought-tolerant species. This requirement shall be reflected in all landscape plans submitted for review and approval.

Water Supply

57. No building permits shall be issued, site plans released, or land development permits issued for any phase of the Waterway Village development until the developer has provided written confirmation from the St. Johns River Water Management District that they have coordinated the abandonment of free-flowing Floridian aquifer wells on site and completed the abandonment process.

58. No building permits shall be issued, site plans released, or land development permits issued for any phase of the Waterway Village development until the developer has provided written confirmation from the St. Johns River Water Management District and Indian River County Department of Utility Services that adequate capacity of treated potable water and service/distribution infrastructure will exist by development of the phase. The developer shall enter into an agreement with Indian River County to construct a 12" diameter master planned water main and 12" diameter master planned force main along 53nl Street from 58th Avenue to the eastern property line of the project site.

59. The preferred source of irrigation water shall be treated wastewater effluent at such time as this source is made available at the site. Should treated wastewater be unavailable or a supplemental source of irrigation be needed, existing or created surface water (i.e. lakes or canals) shall be used to the maximum extent available. Project site plans, preliminary PD plans, and land development permit plans shall show that the project's irrigation systems will be designed and installed in a manner that will allow utilization of reuse water. Irrigation systems shall be connected to reuse water when it becomes available. The developer shall enter into a reuse

F:\Community Development\Users\CurDev\RESOLUTION\20 IO Resolutions\Waterway Village.DOC 15 150

SATISFACTION AND PAYMENTAGREEMENT FOR REQUIRED IMPROVEMENTS

THIS AGREEMENT ("Agreement") is made and entered into by DIVOSTA

HOMES, L.P., a Delaware limited partnership authorized to do business in the State of

Florida, whose address is 9240 Estero Commons Boulevard, Estero, FL 33928

("DiVosta") and INDIAN RIVER COUNTY, a political subdivision of the State of Florida,

whose address is 1801 2th Street, Vero Beach, FL 32960 ("County")

WITTNESSETH:

WHEREAS, DiVosta is the owner and developer of Waterway Village, a

Development of Regional Impact located east of 58th Avenue, between 49th Street and

the North Relief Canal;

WHEREAS, pursuant to Chapter 380, Florida Statutes, DiVosta has entered into

a Development Order with the County dated November 9, 2004, which order was

amended and restated by Resolution 2010-037, dated May 11, 2010 (Development

Order); and

WHEREAS, the Development Order requires DiVosta to perform various

infrastructure improvements brought about as a result of the impact of their

development; and

WHEREAS, pursuant to paragraph 58 of the Development Order, DiVosta was

required to enter into an agreement with the County to install a 12 inch diameter master

planned water main and a 12 inch diameter master planned force sewer main lines

along 53rd Street from 58th Avenue to their eastern property line, which mains were in

excess of what was necessary to accommodate their development; and

1 151

WHEREAS, the over sized water and sewer mains will benefit the County and its

· residents by providing improved service to the residents who do not live on the DiVosta

property; and

WHEREAS, the County agreed in the Development Order to reimburse DiVosta

for the proportionate costs of over sizing the water and sewer mains as county residents

not residing within Waterway Village would be benefited; and

WHEREAS, DiVosta has completed the installation of the over sized water and

sewer mains in compliance with the Development Order to the satisfaction of the

County; and

WHEREAS, DiVosta has conveyed its interest in the water and sewer mains to

the County; and

WHEREAS, the County has accepted the improvements,

NOW, THEREFORE, based on the premises above and in consideration of the

mutual covenants contained herein, the parties hereby agree with the following terms

and conditions:

1. The County acknowledges that DiVosta has completed the required improvements mandated by paragraph 58 of the Development Order.

2. The County has accepted the improvements constructed and installed by DiVosta by way of a Bill of Sale Absolute, see attached memo dated August 21, 2008.

3. The County within 30 days of the date of approval of this Agreement by the Board of County Commissioners shall pay to DiVosta the sum of $315,785.62 in full and final satisfaction of all payments required by paragraph 58 of the Development Order.

4. DiVosta shall accept this lump sum payment in lieu of the five annual payments, and any other obligations of the County, as detailed in the Development Order.

2 152

5. DiVosta shall convey utility easements to the County over the water and sewer improvements for the County to maintain, repair or replace such improvements.

6. Miscellaneous. Time is of the essence of this Agreement. This Agreement is made in the State of Florida and shall be governed by Florida law. This is the entire Agreement between the parties and may not be modified or amended except by a written document signed by all parties to this Agreement. This Agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires. The prevailing party in any litigation, arbitration, mediation, or appeal relating to this Agreement shall be entitled to recover its reasonable attorney's fees and costs from the other party for all matters. Indian River County, Florida, shall be the proper venue for any litigation involving this Agreement. This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. This Agreement is made in consideration of the mutual covenants and agreements stated herein, the sufficiency of which is hereby acknowledged by both parties. If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision.

3 153

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

DiVOSTA HOMES, L.P. A Delaware Limited Partnership

By '/l?4{~6,4M,.te,, Prinliii1e!V,ee J>i~<t<loil · ~ DiVosta Homes Holdings L.L.C. A Delaware Limited Liability Company Its General Partner

Witnesses:

~ ·~.···.····•~ .,-____ :,'.:· ·- __ ,··,_ .. , ..

ST ATE OF F&,~,d/1 --'-'~"-'------


By=--c----=-,--,-~-,------Bob Solari, Chairman

Attest: J.K. Barton, Clerk

By ___________ _

Deputy Clerk

BCC Approved: _____ _

Approved:

ufficiency:

COUNTY OF .:.l_£E ________ _

The foregoing instrument was acknowledged before me this /().µ, day of /'4<.f 2011, by ./!J(AMo /w.,Gt14tfJI. as Vt<e-fie110,m l,,o10 of Divosta Homes, L.P., a Delaware limited partnership, who is personally known to me Ql'•Wfiu'itas -flfQ~h:i.eod a$ iE½:iiJmitjrtldj 1.

'°.· .. ,/./.;,/ .. ·.· ..... A'·•·•··· h •.·.•.•.· ~,;;,,.;,~PA~Jll!""IC"':KB'."l'!U11.E~. R~"'""if ~ ~ MYCOMMl~SlbtUDill0Q0090

4 EXPIRE$;Jine 1a 2014 Bonded Toni Pichard lrisurarlC9-~

154


INTEROFFICE PROJECT COMPLETION M:EMORANDUM

DATE: August 21. 2008

TO: James W. Davis, P.E., Public Works Director (via email+ hard copy)

THRU:

FROM:

SUBJECT:

Michael C. Hotchk. iss, P.E., Capit"i)el Proje Manager 71/ f/, Jesse Roland, Utilities Engineerin .

Project Completion For: .

Project Name: . Reuse Mains

Waterway Village, 53rd Street Water, Wastewater and

Project Location: 53rd Street, Between 58th Ave and Lateral "H" Canal

Parcel #/CD-Plus#:

Permit No.: UCP # 2872

Engineer-Of-Record: ARCADIS, Robert Lawson, P.E.

Including the payment of all capacity charges and other connection costs, the Department of Utility Services has received the remaining documentation necessary to complete the Operation Checklist for the Water Distribution System and the Operation Checklist for the Reclaimed/ Wastewater System for the above-mentioned project. This project has been accepted and is now complete. If you have any questions, please do not hesitate to contact me at (772) 567-8000, ext. I 636. JRR/jrr

Owner I Developer/ Rep.: _ARCADIS, Robert Lawson, P.E. Robert M. Keating, AICP, Director of Community Development Stan Boling, AICP, Planning Director, Community Development Maria Bowdren, Community Development Chris Kafer, P.E., County Engineer, Engineering Department Deward Howard, Construction Coordination Manager, Engineering Department Jeff Diggs, Captain Inspector, Fire Department Brian Nolan, Asst. ChiefofFire & Life Safety, Fire Department Lea Keller, Legal Assistant, Legal Department Nancy Mossali, Legal Assistant, Legal Department Paula Cantlon, 911 Database Coordinator, Emergency Services Lori Hoffinan, Environmental Health Department Utility Construction File: UCP#2872 Utility Inspector: Michael Delaney, Utilities Inspector Cindy Corrente, Assistant Utilities Director (w/ copy ofBill of Sale), Utilities Julia S. Mitts, Controller, Utilities Mike C. Hotchkiss, P.E., Capital Projects Manager, Utilities Kevin Osthus, GIS Analyst (w/ one set of Record Drawings, Mylar and Disk), Utilities Holly Taylor, Utility Billing Specialist, Utilities Dan Chastain, Assessment Manager, Utilities Jerry Miller, Utility Maint. Sup. - Lift Station, Ops CenterMark Besancon, Utility Maint. Sup. - Gravity Sewer, Ops Center Water Production Supt. (w/ copy of Flushing Report), Ops Center Bruce Endres, Utility Main!. Sup. - Water Dist., Ops Center Emory Bailes, Sup. of Field Maint., Ops Center

(via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (hard copy) (hard copy) (via email + hard copy} (via email) (via email) (via email + hard copy) (via email) (via email) (via email) (via email) (via email) (via email) (via email)

Page I of2 · 155

Amanda Perron, Utilities Operations, Ops Center Shellie Lang, Utilities Operations, Ops Center Phil Hartsfield, Crew Leader-Locating (w/ one set of Record Drawings), Ops Center Bill McGrath, Crew Leader-Hydrant.& Valves, Ops Center

Senior Engineering Inspector, Engineering Department Debbie Clifford, Code Enforcement Officer, Community Development Vanessa Carter-Solomon, Code Enforcement Officer, Community Development Betty Davis, Code Enforcement Officer, Community Development Rose Teague, Code Enforcement Officer, Community Development Kelly Zedek, Code Enforcement Officer, Community Development Dan Wittenberg, Engineering Inspector Supervisor, Engineering Department James Karl, Senior Engineering Inspector, Engineering Department

(via email) (via email) (via email + hard copy) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email) (via email)

Page 2 of2 156

/3G Attorney's Matters -B.C.C. 05.17.11

qfrerf INDIAN RIVER COUNTY

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

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND.

MEMORANDUM

Board of County Commissioners

Alan S. Polackwich, Sr., County Attome~

May 10, 2011

Hiring Outside Counsel to Defend the County in FVP Miami Lakes v. Indian River County

ATTORNEY

In 2005, Lennar Homes paid impact fees for 462 planned units in the Tripson Trails and Madera Isles developments. Specifically, Lennar paid traffic impact fees of $2,221,296 and acquired a five year traffic concurrency certificate for 462 units, and paid water/sewer impact fees of $1,892,352 and acquired 462 water and sewer ERU s. By code, impact fees paid for a five year traffic concurrency certificate are not refundable. By County policy, Lennar signed two waivers (one for each project) acknowledging the nonrefundable nature of the traffic impact fees, and waiving any claims to a refund. Also by code, impact fees paid for ERUs are refundable only in limited circumstances not present in this case.

In 2006, Lennar redesigned its projects, reducing the number of units from 462 to 315. Lennar later abandoned all plans for development and, in 2009, sold the properties to FVP Miami Lakes ("FVP"). By code, upon abandonment of the projects, the impact fees run with the land and are available as a credit for future development of the properties.

In 2010, FVP sued the County seeking a refund of some or all of the traffic and water/sewer impact fees. Specifically, FVP alternatively sought a refund of all fees, or at least those fees related to the units which were eliminated in the reduction from 462 to 315 units. The County has defended primarily on the basis that the code and waivers clearly state that the fees are not refundable. The issues are obviously significant because (1) the total amount being sought by FVP is in excess of $4 million, and (2) if FVP wins, other developers will no doubt seek refunds and use the FVP case as precedent.

APPROVED FOR MAY 17, 2011 B.C.C. MEETJNG-AITORNEY'S MATTERS

~~-F:\Auorney\lindalGENERAl\8 C Cl.Agenda Memos\F/'P lawsuit OJ.doc

,

Indian River Co. Admin.

Co. Attv. Budget

Dept. (Conun. Dev.) Dept. (Utilities)

Risk Mgr.

Al!l!!:oved

(~,

' I \

i~-..., ---

Date

5'1t:Js ~/ 5. •• b II I .... ,,. -1 .. "

!_ __

157

Board of County Commissioners May JO, 2011 Page Two

To save on outside legal fees, the County Attorney's office has been defending the case. However, the case was recently set for trial beginning in late August. Considerable effort will be required for pre-trial discovery, trial preparation and trial. Unfortunately, the County Attorney's office does not have the resources available to undertake this effort, and still represent the County in its ongoing matters. Thus, the County Attorney seeks authorization to hire outside counsel to defend the County.

The County Attorney proposes that the County hire the local law firm of Murphy and Walker. While this finn does not specialize in land regulation litigation, like past firms hired by the County in similar matters, the firm does have considerable experience litigating a wide range of matters before local judges, including commercial and real estate matters. In litigating these matters, the firm has, in the opinion of the County Attorney, earned credibility with and the respect of local judges. In short, the County Attorney is confident that the firm, with support from the County Attorney's office, will provide the highest level of representation to the County. It might also be noted that the firm also has experience litigating against the law firm representing FVP.

Murphy and Walker has agreed to charge $290 per hour, which is a significant reduction from their usual hourly rate. Because the firm is local, the County should realize savings from the lack of travel time required to attend depositions, hearings and trial. A copy of the proposed fee agreement is attached.

FUNDING.

Funding is provided through (1) 65% from the Impact Fund Administrative Fund, for services related to traffic impact fees, and (2) 35% from the Utility Operating fund, for services related to water/sewer impact fees. The percentage is weighted more heavily toward traffic impact fees because such fees are more than half of the total amount being sought by FVP, and staff and the County Attorney believe that the issues relating to traffic impact fees present more significant and wide reaching consequences for the County.

RECOMMENDATION.

The County Attorney recommends that the Board approve the hiring of Murphy and Walker to defend the County in the FVP Miami Lakes v. IRC case, and authorize the Chairman to sign the attached fee agreement.

ATTACHMENT(S).

Proposed Fee Agreement

ASP:LAC Attachment

F:lA11amey\Linda\GENERAllB C CIAgenda Memo$\Ff/P Lawsuit 01.dac

158

Lewis W. Murphy,Jr.•0

Casey Walker0

*Board Cercified Civil Trial Lawyer · 0 Board Certified Business litigation Lawyer

May 10, 2011

Alan S. Polackwich, Esquire INDIANRrvER COUNTY 1801 27th Street

-~-MURPHY & WALKER

ATTORNEYS.AT LAW

2001 U.S. Highway 1 Vero Beach, Florida 32960 ·

PERSONAL & CONFIDENTIAL

Vero Beach, Florida 32960-33 88

Re: FVP Miami Lakes, LLC vs. Indian River County Case No.: 31-2010-CA-074993-XXXXXX

Dear Mr. Polackwich:

Telephooe 772-231-1900 Facsimile 772-231-4387 www.murphywalker.com

Via e-mail to: [email protected]

It was a pleasure speaking with you yesterday in connection with the possible representation of Indian River County relating to the above referenced matter. Please allow this letter to confirm our understanding with respect to our legal representation of the interests of Indian River County in this litigation, and I am grateful for the opportunity for our Firm to work with you an.d the County in this regard.

Over the years, it has been our experience thatthe relationship between the attorney and client proceeds more smoothly if we have a clear understanding of your needs and the role thatwe need to play. The purpose of this engagement letter is to confirm an agreement concerning represen!ation and the payment of our fees and expenses. This engagement letter will govern all subsequent matters in which we may become involved on behalf of the County unless a separate arrangement is made.

We will do our very best to meet your needs in any matters that we undertake for you and the County. At the present time, the scope of my contemplated representation is limited to the defense of the lawsuit· referenced above. We will give the County our.best advice, render opinions, and seek to obtain the desired result. In this regard, it is most important that we communicate with one another regularly.

The County will be billed periodically, usually monthly, and all accounts are to be paid within thirty (30) days from the date that the statement is mailed to you. In the event you should have any questions with regard to the amounts due under an invoice, you agree to communicate such disagreement to us, in writing, within thirty (30) days of the invoice date.

At the present time, my hourly rate ranges from $350.00 to $400.00, although we discussed a reduction of my hourly rate to $290.00 for this particular matter for time incurred byme ormy law partner, Casey Walker. From time to time, other members of Murphy & Walker, to include paralegals, may work on this file, and their rate will be $140.00 per hour. Invoices will be billed on a one-tenth of an hour basis, and sufficient detail is disclosed on the invoices to confirm the services provided.

159

Alan S. Po/ackwiclt, Esquire Mayl0,2011 Pagi-2-

We reserve the right to withdraw as your counsel in the event the County fails to honor this agreement with respect to our legal fees or for any just reason as permitted or required under the Florida Code of Professional Responsibility or as permitted by the rules of the courts of the State of Florida. In the event of our withdraw, the County will promptly pay for all services rendered by us prior to the date of withdraw.

The County will also be charged a reasonable rate for computerized document production, postage, reproduction, telecopies, couriers, express mail, travel costs and other litigation costs. Expenses incurred or advanced on the County's behalf will be itemized on the statement, and we will endeavor to minimize costs by using outside vendors where appropriate.

I believe that the foregoing provides you with a sufficient explanation of our representation. Obviously, to the extent you have any questions or concerns, you may contact me directly.

I certainly look forward to representing the County's interests in this matter.

Very truly yours,

LWM/ldg

Attest: J.K. Barton, Clerk

By: ___________ _

--------~ Deputy Clerk

Approved:

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By:--------------Bob Solari, Chairman

Date approved by BCC: _______ _

Approved as to form and legal sufficien~y:

MURPHY & WALKER 160

/3D Attorney's Matters - B.C.C. 05.17.11

qfia:if INDIAN RIVER COUNTY

ATTORNEY

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

MEMORANDUM

TO: Board of County Commissioners .,4.r(=,

FROM: Alan S. Polackwich, Sr., County Attorney

DATE: May 11, 2011

SUBJECT: Dodgertown Property Swap - Issues with Minor League Baseball

BACKGROUND.

On May 3, 2011, the Board of County Commissioners approved the closing of the land swap with the City of Vero Beach. At the meeting, the County Attorney stated that he had not heard from Minor League Baseball (MiLB") on final approval of the documents they will sign as part of the transaction. On May 4, 2011, the County Attorney did speak with the general counsel for MiLB, and a significant issue has arisen.

Specifically, MiLB operates the Vero Beach Sports Village under a lease with the County. As part of the swap transaction, the lease will be amended to change certain obligations of the County, as follows: (1) the existing lease states that the County will light two fields and convert two practice fields to youth dimension fields in 2009, and will light two more fields in 2010, and (2) the proposed amendment eliminates these obligations and replaces them with language stating that the County will light two fields, construct the quad softball fields and construct a regulation soccer field, all in 2011. The improvements set forth in the proposed amendment will cost the County about $1.2 million more than the improvements set forth in the existing lease.

Indian River Co.

Admin.

Dept. Risk Mgr.

161

Board of County Commissioners May 11, 2011 Page Two

From the first draft of the lease amendment, which was delivered to MiLB on December 6, 2010, the proposed amendment has included language stating that the lease is in good standing and neither party is in default or violation of the lease. The purpose of this language is to ensure that both parties are moving forward in good faith, and neither is intending to sue the other for any prior acts. In February 2011, MiLB 's local representative requested several changes in the proposed amendment, including the elimination of the "good standing" language. The County Attorney agreed to the other changes, but made clear that he would not eliminate the "good standing" language because of the important purpose that it serves. Nothing further was heard until May 4, 2011, when MiLB's general counsel objected to the language. In response to the objection, the County Attorney proposed release/waiver language that would accomplish the same purpose. However, after several days of discussion, it became apparent that MiLB will not sign any amendment which includes language preventing it from suing the County for prior acts. The "prior acts" mentioned by MiLB are the failure to construct the lights and youth dimension fields in 2009 and 2010 - although there has been much discussion since 2009 about whether and where MiLB actually wants these improvements. It is noted that in the proposed amendment, the 2009 youth dimension fields and the 2010 lights have been eliminated altogether.

MiLB 's position casts a different light on the swap transaction. On the one hand, MiLB is asking the county to swap the Parking Property to acquire the Cloverleaf Property, construct quad softball fields and construct a regulation soccer field - all of which represents a substantial increase in the County's financial commitment. On the other hand, MiLB is insisting that it retain the right to sue the County for not constructing the lights and youth dimension fields in 2009 and 2010.

At a minimum, the County Attorney believes that the Board should reconsider whether it wants to proceed with the swap transaction under these circumstances.

The County Attorney notes that the obligation of County and City to close under the Property Exchange Agreement is expressly conditioned upon MiLB signing an acceptable amendment to the lease agreement. If MiLB will not sign an amendment acceptable to the County, the County and City are legally excused from closing the transaction under the Property Exchange Agreement.

RECOMMENDATION.

The County Attorney recommends that the Board not proceed with the transaction unless MiLB agrees to eliminate any claims under the existing lease, through either a "good standing" provision or a release/ waiver provision.

ATTACHMENT{S).

Copies of the "good standing" and release/waiver provisions which have been offered to MiLB

ASP:LAC/ Attachment(s) F:\Atlameyl!.inda\GENERALIJJ C Cvlgenda Mem<n\Dodgertawn £;,change 06.dac

162

real property described on Exhibit A attached hereto in 2011. Field lighting for the two (2) existing playing fields shall meet the requirements of Class AAA and Class AA field lighting for a new facility which are 1 OOfc (foot candle) average in infield and 70fc average in outfield. County shall not pay for these improvements out of the Capital Reserve Account;

(b) County will construct a regulation size soccer field in the area of practice field number four in 2011 at its expense. County shall not pay for this construction out of the Capital Reserve Account."

'=>, 7. Good Standing - No Violation. County and MiLB agree that, as of the date hereof, the Agreement is in good standing, neither party is in violation or default of any provision of the Agreement, and both parties are in full compliance with all provisions of the Agreement.

8. Conforming Terms. All remaining terms and conditions of the Agreement are hereby conformed to be consistent with the amendments set forth herein.

9. Remaining Terms. All remaining terms and conditions of the Agreement not amended or conformed herein shall remain in full force and effect.

10. Recordation. A copy of this First Amendment shall be recorded on the Public Records of Indian River County, Florida.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above.

ATTEST: Jeffrey K. Barton, Clerk of Court

By: __________ _

Deputy Clerk

AFFIX SEAL:

F': lAllomey\Alan\DodgertoWl! Documet11s1FIRST AMENDMENT TO FAOUTY LEASE AGREEMENT.d=

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("County")

By:. ____________ _


Approved by BCC: -----~ 201_

Approved as to form andlegal sufficiency:

By: _____________ _

Alan S. Polackwich, Sr., County Attorney

Page 3 of 4

163

real property described on Exhibit A attached hereto in 2011. Field lighting for the two (2) existing playing fields shall meet the requirements of Class AAA and Class AA field lighting for a new facility which are IOOfc (foot candle) average in infield arid 70fc average in outfield. County shall not pay for these improvements out of the Capital Reserve Account;

(b) County will construct a regulation size soccer field in the area of practice field number four in 2011 at its expense. County shall not pay for this construction out of the Capital Reserve Account." • 7. Release/Waiver for Prior Acts. Each of County and MiLB (a) releases, satisfies

and discharges the other from any and all defaults, claims, causes of action, damages, expenses, liabilities or other remedies of any- type whatsoever ( collectively "Claims") arising out of or relating in any way to the Agreement, or to any act or omission performed or not performed with respect to the Agreement, and (b) irrevocably waives any right to assert, and agrees that it is estopped from asserting, that any act or omission performed or not performed by the other party with respect to the Agreement, constitutes a breach or default of the Agreement. This release, waiver and estoppel shall apply with respect to Claims arising or acts or omissions performed or not performed prior to the effective date of this First Amendment to Facility Lease Agreement.

8. Conforming Terms. All remaining terms and conditions of the Agreement are hereby conformed to be consistent with the amendments set forth herein.

9. Remaining Terms. All remaining terms and conditions of the Agreement not amended or conformed herein shall remain in full force and effect.

10. Recordation. A copy of this First Amendment shall be recorded on the Public Records oflndian River County, Florida.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above.

ATTEST: Jeffrey K. Barton, Clerk of Court

By:. ___________ _

Deputy Clerk

AFFIX SEAL:

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("County")

By:. __ __: __________ _


Approved by BCC: _____ __, 201

Approved as to form and legal sufficiency:

By: ______________ _

Alan S. Polackwich, Sr., County Attorney F:1Altorney\Alan\DodgertownDoc.r,men1S\FIRSTAMENDMENT1VFAC/lJTYLEASEAGRE£MENT•RELEASE.docx Page 3 of 5

164

TO:

DATE:

BCCAGENDA May 17, 2011 ITEM 14.A(1)




May 11, 2011

SUBJECT: Commissioner's Car Allowance

FROM: Commissioner Bob Solari

Times are tough, taxes are tight, but the BCC has cut the number of committees it has and the remaining committees meet less often. That coupled with the fact that there is less County government activity than there was in the earlier part of the century certainly suggests that we should be cutting back on our vehicle allowance.

Besides, it is somewhat dismaying to realize that the Constitutional officers have actually taken a sharper knife to this part of their budget than we have to ours.

I would suggest that the Commissioners cut their car allowance by at least 1/3 in the coming fiscal year.

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165

TO:

DATE:





May 11, 2011

SUBJECT: Drought


Most of Florida and certainly Indian River County is suffering from drought conditions. It is a good time to remind people to check their irrigation system and household plumbing for leaks. Also, it is generally the case that people's plants

· suffer more from to much watering, than from to little watering, so anywhere one can ease up on watering would be a good thing.

166

TO:

DATE:





May 11, 2011

SUBJECT: CiCi Award


The publishers of Trade & Industry Development Magazine recently presented the Indian River County Board of Commissioners with a CiCi Award for "Outstanding Achievement in Economic Development".

Our work to promote economic development and a positive business environment is taking hold!

167

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Indian River County Board of County Commissioners County Administration Office 1801 27th Street Vero Beach, FL 32960-3365

Dear Commissioners:

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Enterprise Florida

lRlECEIVJED

MAY O 9 201!

llOARD OF COUNTY COMMISSION

Enterprise Florida is a recipient of this year's CiCi Award, which is presented by the · publishers of Trade & Industry Development magazine for outstanding work performed on an economic development project. INEOS New Planet Bio Energy was a winning submission, earning us the honor in the Community Impact category.

Like Enterprise Florida, Trade & Industry Development acknowledges that these projects truly are a team effort; we could not have succeeded without the support of our partners. Therefore, the publication is recognizing project collaborations by honoring the partners as well.

On behalf of Trade & Industry Development, I am pleased to present the Indian River Board of County Commissioners with the enclosed CiCi Award, which commends your role in the INEOS BioEnergy project.

Congratulations, and I look forward to working with you on future projects that will enhance the lives of Florida's citizens.

GrayS:ot President CEO

Governor Rick Scott, Chairman Howell W. Melton Jr., Vice Chairman Gray Swoope, President & CEO

The Atrium Building, Suite 201 • 325 John Knox Road • Tallahassee, Florida 32303 • T 850.298.6620 • F 850.298.6659 168

DUE NORTH CONSULTING, INC.

2011

This CiCi Award

Is Presented By

Due North Consulting, Inc.

Publishers Of

Trade & Industry Development Magazine

To

Indian River County

Board of County Commissioners .For Outstanding Achievement

In Economic Development

INEOS New Planet BioEnergy Community Impact Division

169


TO: Honorable District Board of Commissioners

THROUGH: Joseph A. Baird, County Administrator '

FROM: John King, Director ~/,.y Department of Emer~~~Services

DATE: May 9, 2011

SUBJECT: Declare Former Fire-Rescue Station 9 Surplus; and, Authorization for the County Administrator to Sign Auction Documents with Karlin Daniel & Associates, Inc.

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

DESCRIPTION AND CONDITIONS:

Staff is recommending the Board declare former Fire-Rescue Station 9, located at 1615 US Highway I Sebastian, surplus to the needs of the Emergency Services District and authorize its sale at public auction in accordance with the provisions of the Florida Statute I 25. The Board

. will recall this facility was heavily damaged during the 2004 hurricane season, and a new Station 9 was constructed at 13550 Roseland Road, Sebastian. The Board previously directed staff to offer the former Station 9, by sale or land-swap, to the City of Sebastian. In recent weeks, the City Manager stated the City has no immediate need for this location and suggested we find an interested buyer.

Most often, a county sells land via the public bidding process. The property would be advertised as being for sale and a bid date and time would be set for acceptance of bids. The bids would be opened and the highest bid would be selected for approval by the Board. After the Board approves the purchase price, the parties would proceed to closing.

In this sale, staff would like to sell the property at auction. On September 7, 20 I 0, the Board awarded an Agreement for Auction Services (RFP No. 2010050) to Karlin Daniel & Associates, Inc. The agreement included sale of property by auction.

The statute governing sale ofland by a county is F.S. §125.35 which reads in pertinent part:

"No sale of any real property shall be made unless notice thereof is published once a week for at least 2 weeks in some newspaper of general circulation published in the county, calling for bids for the purchase of the real estate so advertised to be sold. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the

170

board of county commissioners rejects all bids because they are too low. The board of county commissioners may require a deposit to be made or a surety bond to be given, in such form or in such amount as the board determines, with each bid submitted."

The statute does not specifically permit or prohibit the sale of real property by a county at auction. If the Board opts to proceed with an auction, it is possible that a citizen could challenge the legality of the sale at auction with an action similar to a bid protest. The County Attorney's office has recommended the following steps be taken in order to comply with the requirements of the sale ofland by a county:

I. Publish notice of the auction sale once a week for two weeks in the newspaper. 2. Indicate in the notice that the sale of the property will take place by auction at a certain

date, time and location, and that all bids will be received at the auction. 3. The notice should set forth the terms and conditions of the sale, such as

• whether there will be a reserve or minimum opening bid • whether buyers will have to provide security in order to bid at the auction

(example: a cashier's check or bid bond) • the number of days the parties will have to close the sale and time period for due

diligence and the party responsible for payment of closing costs • which party pays for the auctioneer's own advertising expenses ( over and above

the statutorily required legal notice in the newspaper) • the amount of the auctioneer's fee and who pays it

Staff is seeking Board approval of the sale of this property at auction and to use the services of a Karlin Daniel & Associates. Staff is seeking further approval of the following terms and conditions that will be included in the legal notice:

• All bids will be accepted only at a Reserve Auction • The auction would have a minimum bid opening of $35,000 • Buyers must provide a $5,000 cashier's check as security in order to bid at the auction • The winning bidders cashier's check would be held by the County as earnest money • The successful Buyer will have a due diligence period of 30 days after Board approval of

the winning bid and must close the sale within 45 days after Board approval • the winning bidder would be responsible for payment of all closing costs and the

auctioneer's fee in the amount ofa 10% buyer's premium • Authorize the County Administrator to sign all documents with Karlin Daniel and

Associates related to the auction (i.e. advertising budget, etc.)

FUNDING:

In accordance with the Agreement for Auction Services, the County agrees the auctioneer shall receive a 10 % buyer's premium as compensation for services. Should the auction not result in a sale, the County shall bear the final burden of advertising expenses. Again, the County Administrator will have oversight of all potential County expenditures before the auction is held.

171

Lastly, staff will present an agenda item detailing the sale contract to the Board for final approval.

RECOMMENDATION:

Staff recommends the Board declare former Fire-Rescue Station 9 surplus and authorize its sale by public auction through Karlin Daniel and Associates, Inc. Staff further recommends the Board delegate the authority to the County Administrator to sign all auction documents necessary for the sale of this real property.

APPROVED FOR AGENDA

FOR: May 17, 2011

BY. oseph . Baird ounty Administrator

ladi11n River Co.

Admin,

Co. Attorney

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Dept.

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I /581. INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

Date: May 2, 2011

To:

From:

Prepared By:

Joseph A. Baird, County Administrator V---W. Erik Olson, Director of Utility Services~

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ,l.m. Subject:

BACKGROUND:

Amendment 1 to Work Order No. 28 to Geosyntec for Phase 2 - Procurement of Construction Contract for Cell 1 of Segment 3 Landfill Expansion

On July 6, 2010, the Indian River County Solid Waste Disposal District (SWDD} Board authorized

Work Order No. 28 to Geosyntec Consultants (Geosyntec) in the amount of $114,909 to provide

engineering services for the Phase 1 construction of Cell 1 of Segment 3 Landfill Lateral Expansion.

On March 8, 2011, the SWDD Board approved a contract to Guettler Brothers Construction, LLC in

the amount of $2,023,389.50 consisting primarily of earthwork for construction of the subgrade for Cell 1 & portions of Cell 2 with fill material to be obtained from off-site borrow sources with the

actual placement and compaction to be performed by a contractor. In addition, the scope included

the construction of perimeter access roads and drainage ditches and construction of vertical expansion road to the top of the existing Class 1 landfill. A Notice to Proceed was issued to Guettler

Brothers to start work on April 18, 2011. The project is anticipated to take six months with a

tentative completion date of October 17, 2011.

Phase 2 of the project consists of the construction of the Cell 1 liner and leachate control systems, and improvements to the stormwater management system and perimeter access roads, and

relocation of the gas flare to be performed by a contractor selected through the procurement

process. The total budget for the Cell 1 lateral expansion is approximately $6 million dollars and

after utilizing $2 million for the site preparation results in $4 million remaining for the construction of the liner project. At this time Staff is requesting additional engineering services for the

preparation of construction drawings and specifications, procurement services, and final

engineering estimate of construction cost for comparison with proposed bids. Staff has received Work Order No. 28 from Geosyntec to perform these services. At a future date, Staff will return to

the Board for review of the final engineers estimate prior to bidding the project.

This agenda item requests Board authorization for Amendment No. 1 to Work Order No. 28 for

engineering services to be provided by Geosyntec for procurement of a contract for Phase 2 construction of Cell 1 and development of engineer estimate of construction cost.

ANALYSIS:

Staff has reviewed Geosyntec's proposal including scope of work, schedule and budget estimate as

SWDD Agenda Geosyntec Amnd No. 1 to WO No 28 for Phase 2 Construction Procurement Page - 1-173

provided in Attachment 1. Geosyntec's proposal consists of four (4) phases as follows:

Phase Phase Description $Amount

1 General Consulting/ Meeting Support/Project Management $27,366

2 Flare System Relocation Design $27,730

3 Contractor Procurement Services $75,449

4 Miscellaneous Engineering & Technical Support Services $29,145

Total $159,690 --··- - --- ------------ ·---------

The project also includes the following components under Phase 4: • Review and commenting on staff and Republic updates of the Landfill's Stormwater

Pollution Prevention Plan (SWPPP) and Spill Prevention, Control and Countermeasure Plan (SPCCP) of the landfill site; and

• Changes and update to the landfill operation plan reflecting the new landfill operator and addressing issues raised by FDEP in connection with the codisposal of C&D debris comingled with MSW due to the recycling law passed by the legislature in 2010.

Geosyntec estimates S to 6 months to complete the above tasks.

ACCOUNT INFORMATION:

Funding for the engineering services needed for procurement of Phase 2 construction contract for Cell 1 of Segment 3 Expansion in accordance with Geosyntec Proposal is budgeted and available in the SWDD Landfill account WIP Number 411-169000-10009.

Description Engineering Services

RECOMMENDATION:

·. ·· ·••· A~¢<>urjt:llic,. ·• · .. ··••·· 411-169000-10009

Amount($) $159;690

SWDD staff recommends that its Board approve and authorize the chairman to sign the attached first amendment to Work Order 28 authorizing Geosyntec to provide engineering services for procuring a contract for the Phase 2 construction of Cell 1 of Segment 3 Expansion in accordance with the attached scope of work for a not to exceed budget of $159,609.

ATTACHMENT:

1) Geosyntec' s Proposal {26 Pages)

I Indian River Co. Date

Administration

SWDD Director

Budget

Legal Date

Risk Manager

SWDD Agenda Geosyntec Amnd No.1 to WO No 28 for Phase 2 Construction Procurement Page-2- 174

AMENDMENT NUMBER_· _1_ TO WORK ORDER NUMBER~

This Amendment _1_ to Work Order Number~ is entered into as of this day of -----~ 20 11 ("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 Geosyntec, Inc. ("Consultant").

1. The District has selected the Consultant to perform the professional services set forth in existing Work Order Number~. Effective Date 6 July 2010

2. The District and the Consultant desire to amend this Work Order as set forth on Exhibit 1 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 1 and within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement.

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: Geosyntec, Inc.

By: lh {j eY Thomas A Peel

Title: Vice President

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By ___________ _ Chairman

Attest: J. K. Barton, Clerk of Court

By ____________ _

Deputy Clerk

County Attorney

175

EXHIBIT 1

PROFESSIONAL SERVICES

176

GeosyntecD consultants

Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968


PH 770.564.8717 FAX 772-.778.4947

www.geosyntec.com

19 April 2011

Subject: Proposal to Provide Engineering Services for Construction Contract Procurement Phase 2 - Construction of Cell ! of Segment 3 Expansion Indian River County Class I Landfill Vero Beach, Indian River County, Florida

Dear Mr. Mehta:

Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) for the provision of engineering support services for construction contract procurement related to Phase 2 construction of Cell 1 of Segment 3 Expansion (hereafter referred to as the Project) of the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate for the design of the flare relocation, preparation of construction and contract documents, development of engineer's construction cost estimate and construction procurement assistance.

The proposal was prepared in response to an 8 March 2011 request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, during a telephone conversation with Dr. Kwasi BaduTweneboah, P.E. of Geosyntec and subsequent telephone communications between Mr. Mehta, Dr. Badu-Tweneboah and Dr. Tanhum Goldshmid, also ofGeosyntec. Geosyntec has prepared this proposal as Exhibit 1 of Addendum 1 to Work Order No. 28 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, dated 10 August 2004 and amended effective 11 August 2007.

The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate.

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Mr. Hirnanshu Mehta, P. E. 19 April 2011 Page2

PROJECT BACKGROUND

The IRCL facility is located in southern Indian River County, east ofinterstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes Segment 1, Segment 2, and an Infill Area located between Segment 1 and Segment 2. Segment 1 is approximately 20 acres, unlined, and was initially closed in 1990 with a cover system that included 8- to 12-in. thick compacted clay cap. Segment 2, which is approximately 38 acres in total footprint, has a 60-mil thick high-density polyethylene (HDPE) geomembrane single liner. The Infill Area has: (i) a single composite liner comprised of a 60-mil thick HDPE geomembrane placed on top of 2-ft thick compacted clay liner over a 5-acre area between Segment 1 and Segment 2; and (ii) a 60-mil thick textured HDPE geomembrane single liner over the 7.5 acres ofthe eastern side slopes of the closed Segment 1 landfill.

In October 2009, the SWDD completed the construction of the vertical expansion and partial closure of the Class I Landfill. The vertical expansion extends the life of the Class I landfill until January 2013, based on current and projected waste acceptance rates. In order to meet the requirements of the IRC 2030 Comprehensive Plan, SWDD needs to construct another cell to provide the County with a minimum of five years of disposal capacity at the IRCL facility.

The Segment 3 Expansion is comprised of two previously permitted landfill cells including a 32-acre C&D disposal facility, Cell 2, located east of Segment 2 that was permitted by the Florida Department of Environmental Protection (FDEP) on 15 June 2007 and a 38-acre Class I landfill, Segment 3, located east of the sedimentation pond and south of Cell 2, that was also permitted by FDEP on 25 August 2008. Because the SWDD has discontinued the practice of separate disposal of C&D debris in an unlined disposal facility, but rather for co-disposal of C&D debris in a Class I landfill comingled with municipal solid waste (MSW), on behalf of SWDD, Geosyntec submitted to FDEP on March 17, 2010 a combined 5-year renewal, and construct and operate permit application for the Class I Landfill. The permit application also included a design to convert the 32-acre Cell 2 C&D disposal area to a Class I Landfill integrated with the previously permitted Segment 3 as well as a lateral expansion east of Segment 2. On 9 December 2010, the FDEP issued the Intent to Issue the Permit for the renewal and expansion of the Class I Landfill in accordance with the permit application prepared by Geosyntec. SWDD published the FDEP' s notice of intent in the Indian River Press Journal on 16 December 2010, and Geosyntec submitted a letter on SWDD's behalf to FDEP requesting changes to the Draft Permit on 16 February 2011. The FDEP responded to this request on 11 March 2011 and issued the Final Permit on 18 March 2011.

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Mr. Himanshu Mehta, P. E. 19 April 2011 Page 3

On 8 March 2011, the SWDD Board also approved Staffs recommendation to award the Phase I construction contract; contractor mobilization is anticipated by 4 April 2011. Therefore, it is necessary to proceed with the contract documents for construction of Cell I in order to provide the additional disposal capacity required for the County. .

The combined area of the 76-acre footprint of Segment 3 Expansion represents the future disposal capacity for the County, and is comprised of eight contiguous landfill cells which are scheduled to be constructed in phases. The first phase consists of construction of Cell I, an area of approximately IO acres adjacent to the eastern slope of Segment 2. The implementation of this Project will be carried out in two phases, as follows:

• Phase I: Site preparation activities consisting primarily of earthwork for construction of the subgrade for Cell I and a vertical expansion access road; the fill material will be obtained from off-site borrow sources with the actual placement and compaction to be performed by a contractor selected through the procurement process; the SWDD Board authorized this work order on 6 July 20 IO and the request for bids from contractors was advertised by the County on 9 December 2010; and a bid opening date of 17 February 2011. On 8 March 2011, the SWDD Board approved the selection of the firm of Guettler Brothers Construction LLC, of Fort Pierce for the construction of the subgrade for Cell I and an access road to the top of the existing Class I Landfill.

• Phase 2: Construction of the Cell I liner and leachate control systems, and improvements to· the stormwater management system and perimeter access roads, to be performed by a · contractor selected through the procurement process.

This proposal addresses the engineering and support services required to procure a construction contract for Phase 2 of the Project, including preparation of construction documents, engineer's construction cost estimate, and contractor procurement assistance. Geosyntec understands that following the preparation of the construction bid documents and cost estimate, SWDD Staff intends to request SWDD's Board authorization to commence the bidding process for the project.

PROPOSED SCOPE OF WORK

This project includes professional engineering and support services that will be performed for the procurement of a construction contract for the I 0-acre Cell I of Segment 3 Expansion of the Class I Landfill and the recommended improvements to the stormwater management system. The scope of work is based on the requirements of Chapter 62-70 I, Florida Administrative Code (PAC) and Geosyntec's understanding of the Project based on information provided by the SWDD.

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Mr. Himanshu Mehta, P. E. 19 April 201 I Page 4

Geosyntec will provide all engineering services necessary for the procurement of the construction contract. For budgeting purposes, the scope of work has been divided into four (4) phases, as presented below.

• Phase 1 - General Consulting/Meeting Support/Project Management;

• Phase 2 - Flare System Relocation Design;

• Phase 3 - Contractor Procurement Support Services; and

• Phase 4- Miscellaneous Engineering and Technical Support Services.

Each of these phases is briefly described below.

Phase 1- General Consnlting/Meeting Snpport/Project Management

Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the project. Geosyntec will prepare presentation graphics, engineering drawings, and other documents required to support the Project's meetings and coordination activities.

A kickoff meeting with SWDD is proposed before the start of project activities so that the specific project requirements can be discussed. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements. In addition, review meetings will be held with SWDD as necessary during the various phases of the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. Geosyntec has also budgeted for one meeting with FDEP Air Resources Program to discuss the relocation of the gas flare station and its impact on the active gas collection and control system (GCCS) for the IRCL facility. This meeting has been included based on preliminary discussions with Ms. Caroline Shine, Air Programs Administrator ofFDEP Central District.

Project management activities will include: budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify any technical or administrative issues that require SWDD' s attention and the current status of the budget and schedule.

For the purpose of this budget estimate, Geosyntec has included four meetings: (i) one kickoff meeting with SWDD; (ii) one meeting with the SWDD Board, if requested by SWDD; (iii) one

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meeting with the FDEP Air Resources Program; and (iv) one meeting with SWDD to present the Construction Documents and the construction cost estimate. Additional meetings are addressed in the remaining phases of this proposal.

Phase 2 - Flare System Relocation Design

The flare system was damaged in 2004 by hurricanes Frances and Jeanne and since then, had been repaired and upgraded to withstand the damaging effects of future hurricanes. The relocation of the flare system to a new site north of the present location may subject the flare system to the risk of flooding and/or loss of power under hurricane conditions. Geosyntec will investigate the elevation that the flare's platfonn must be raised at the new site to prevent flooding, and design a backup system to maintain operation in the event of a loss of power.

A limited geotechnical investigation will be perfonned in the area designated for the relocation of the existing flare to estimate the engineering properties of the existing subsurface strata and evaluate their suitability for use as a foundation material for the flare system. The investigation will include five (5) standard penetration tests (SPTs) conducted up to 50 ft below land surface (BLS), with blow counts and soil samples collected every 5 ft for the first 20 ft BLS, and every IO ft thereafter. Drilling will be conducted by a third-party geotechnical drilling fm:n, contracted and supervised by Geosyntec personnel on site. Select samples will be shipped to a geotechnical testing laboratory for index properties tests.

Geosyntec has budgeted for one 'staff engineer to be on site for one day to conduct this work, with additional time budgeted for data review and preparation of a geotechnical investigation report which will be made a component of the Construction Documents under Phase 3 of this project. A copy of the cost proposal for drilling services is included as Attachment A.

Geosyntec will also design the extension of the landfill gas pipeline to the relocated flare system and a pipe line for disposal of condensate into the leachate conveyance system. Our budget includes an allotment of $5,000 for an electrical engineering subcontractor to design the reconnection of the electric power line to the relocated flare system and provision for powering the flare system with a standby generator to ensure an uninterrupted operation during periods of loss of power.

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Phase 3 - Contractor Procurement Services

Under this phase, Geosyntec will prepare construction documents for procuring a construction contractor for Phase 2 construction. This will include preparation of the request for bid (RFB) documents; attending the pre-bid meeting; responding to bidders' questions and preparing required updates to the bidding document throughout the bids preparation process; evaluating bids; and preparing a recommendation to SWDD of the prefer bid for Phase 2 construction. Our budget is based on the assumption that the entire RFB package including the construction drawings, specifications document, responses to questions and project update will be uploaded by the County's Purchasing Division onto Demandstar website where it will be available for downloading by candidate contractors wishing to respond to the RFB. For budgeting purposes, this phase has been broken down into three tasks, as described below.

Task 3.1: Preparation of Construction Documents

Geosyntec will prepare the construction documents ( drawings, technical specifications, material quantities, and CQA Plan) required to procure a contractor for Phase 2 construction of Cell 1 of Segment 3 Expansion. Note that this phase of construction includes: (i) demolition of the four manholes east of Segment 2; (ii) construction of a new leachate conveyance system to convey leachate from Segment 2 to a manhole north of the existing Class I landfill; (iii) demolition of the stormwater conveyance structures north and south of Segment 2; (iv) re-routing of the stormwater conveyance to the sedimentation pond; (v) tie-in of the new liner system to existing Segment 2 liner system; and (vi) design of the foundation and pad system for the flare system relocation.

· Details of the demolition of the manholes and stormwater structures, construction of the new leachate and stormwater conveyance systems as well as tie-in of the Cell I liner system to Segment 2 liner system will require additional analyses and close coordination with SWDD and its new landfill operator (Republic Services). These components of the construction project all occur on the northern and eastern slopes of Segment 2 (next to the access road to the existing Class I Landfill) and, therefore, will require close coordination between the construction contractor and the landfill operator to avoid interruptions to construction activities and/or normal landfill operations. In addition, all these activities generate waste materials that will have to be removed from the construction area and properly disposed of with cooperation of the landfill operator. SWDD may also be involved in the event of having to re-route the landfill traffic to avoid interference with the construction work.

Another critical component of this project is the relocation of the existing gas flare to an area north of Segment 3 Expansion footprint, near the yard waste processing area. Relocation of the

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gas flare will require temporarily shutting down the GCCS and controlling the vacuum to avoid impacts to the closed portions of the landfill and also control odor problems. Again close coordination between the landfill operator and construction contractor will be necessary.

Construction drawings will be prepared utilizing the Segment 3 Expansion Permit Drawings prepared by Geosyntec and will include control points along changes in grade, and other critical locations, including 50-ft grid intervals, to facilitate construction and certification of the Project.

Technical Specifications and the CQA Plan will be compiled as part of the Construction Documents. The specifications will be prepared using the industry-standard Construction Specification Institute (CSI) format. Geosyntec will also prepare a bid sheet with estimate of material quantities for the eontractor procurement.

Task 3.2: Construction Cost Estimates

Geosyntec will prepare an Engineer's Estimate of Probable Construction Cost for the Project to serve as a basis for comparison of bids during the procurement process. Probable construction cost will be based on estimated construction quantities for the project and engineering estimate of the probable unit cost for each item. Probable construction costs will be based on such catalogues as R.S. Means, information provided by product manufacturers, and Geosyntec's professional judgment and experience with similar expansion and liner system installation projects.

Geosyntec will also prepare a construction schedule based on Geosyntec's understanding of the project and experience with similar landfill construction projects.

Task 3.3: Procurement Support Services

Geosyntec will provide the County's Purchasing Division a complete package of the RFB for uploading onto the Demandstar website. SWDD will provide the front-end documents prepared for Phase I to be modified by Geosyntec for incorporation into the RFB package.

Geosyntec will attend the pre-bid meeting with potential contractors to describe the Project and its requirements and answer questions at the pre-bid meeting. During the bidding process, Geosyntec will respond to written questions by issuing addenda. Preparation of addenda may require revisions to the Construction Drawings or material quantities as necessary to allow comparison and· evaluation of bids from the contractors. Geosyntec will manage the procurement process, review and evaluate the bids submitted in compliance with the requirements of the RFB process, and prepare a recommendation with supporting rational for the selection of the preferred candidate contractor for construction of Phase 2 of the Project.

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Phase 4 - Miscellaneons Engineering and Technical Support Services

Under this phase, Geosyntec will provide engineering assistance to SWDD in connection with the operation and environmental compliance of the landfill site. This will include the following two tasks:

• Task 4.1 - Review and comment on SWDD's updates of the Storm Water Pollution Prevention Plan (SWPPP) and the Spill Prevention, Control and Countermeasures (SPCC) Plan for the landfill site; and

• Task 4.2 - Other landfill operational and technical support services.

Each of these tasks is described below.

Task 4.1: Updating SWDD's SWPP and SPCC Plan for the Landfill Site

Geosyntec will review and comment on the latest SWDD's updates of the SWPPP and the SPCC of the landfill site for completeness and compliance with EPA guidelines.

Task 4.2: Other Landfill Operation and Technical Support Services

Geosyntec understands that SWDD has essentially privatized the complete solid waste management operations services to Republic under the current contract. Therefore, Republic will be responsible for operations and maintenance of not only the Class I Landfill (with respect to solid waste disposal) but also for other components/systems at the site, including waste tire site area, household hazardous waste facility, recycling storage and loading area, etc. Therefore, the current landfill Operation Plan will have to be revised and updated to reflect changes in responsibilities and address the additional services required to maintain compliance with the FDEP permits. In addition, as part of the Notice of Intent to Issue the permit for the Class I Landfill, the FDEP has requested SWDD to submit for review and approval a revised Operation Plan addressing how C&D debris will be processed prior to being commingled for disposal in the Class I Landfill in order to meet the 75% recycling goal passed by the Florida legislators in 2010. This revised Operation Plan is to be submitted by May 1, 2011.

Geosyntec also anticipates providing other technical support services to SWDD, Republic and NPE Ineos BioEnergy during the IRCL operations in 2011. Geosyntec will respond to requests for information, clarifications, plan drawings and details, and other requests from Republic and NPE Ineos BioEnergy through SWDD.

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SCHEDULE

Geosyntec has prepared a schedule for construction contract procurement of the Segment 3 Expansion, which is included as Attachment C. The schedule, as presented, assumes a start date of 9 May, 20 I I. The first two months will be used to complete the Phase 3 Construction

' Drawings and other Construction Documents described above. Geosyntec assumes that the bid package will be completed and ready for posting by 29 July 2011. Geosyntec has assumed that the procurement phase including obtaining Board authorization will extend over a period of two to three months leading to the selection of the construction contractor by 6 December 2011.

Geosyntec recognizes the importance of the schedule for SWDD and their need to obtain the . required disposal capacity from the first cell of Segment 3 Expansion of the Class I landfill. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project.

BUDGET ESTIMATE

A budget estimate for the scope of work outlined in Phases 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment D.

Phase 1: General Consulting/Meeting Support/Project Management Phase 2: Flare System Relocation Design Phase 3: Contractor Procurement Services Phase 4: Miscellaneous Engineering & Technical Support Services TOTAL

$27,366 $27,730 $75,449 $29,145

$159,690

Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD.

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CLOSURE

Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal.

Attachments

JL10086_Final


Sincerely,

Tanhum Goldshmid, Ph.D. Senior Consultant

Kwasi Badu-Tweneboah, Ph.D., P.E. Associate

186

ATTACHMENT A

GEOTECHNICAL DRILLING PROPOSAL

187

ENVIRONMENTAL DRILLING SERVICE, INC. 4712 OLD WINTER GARDEN ROAD ORLANDO, FL 32811

Voice: 407 295 3532 Fax: 407 296 3957

GeoSyntec Consultants 1200 Riverplace Blvd Suite 710 Jacksonville, FL 32207

250.00

250.00

1.00 PD

1.00 Mob

DISPOSAL DISTRICT, VERO BEACH,

INDIAN RIVER CO, Fl

SPT Continuous to 25' then 1 O' intervals

SPT boring abandonment

Per Diem, per crew,per night

Mobilization

QUOTATION Quote Number: 13960 Quote Date: Apr 19, 2011 Page: 1

9.00 2,250.00

2.00 500.00 300.00 300.00 300.00 300.00

Subtotal 3,350.00

Sales Tax

188

ATTACHMENTB

SURVEYOR PROPOSAL

189

Peavey & Associates Surveying & Mapping PA 690 Alice Place, Bartow, Fl 33830

Phone: 863-738-4960 Email: [email protected]

June 9, 2010 (revised phase 1)

Mr. Kwasi Badu-Tweneboah, Ph.D. P.E. Geosyntec Consultants 1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207

RE: Phase 1 Construction - Segment 3 Expansion Class 1 Landfill Indian River County Solid Waste Disposal District Vero Beach, Indian River County, Florida

Dear Mr. Badu-Tweneboah:

I am pleased to offer the following proposal for surveying services at the above referenced project location.

1. SCOPE OF SERVICES The project consists of the following surveying services located at the above location as follows:

PHASE 1-Site Preparation Surveying • Task One: Establish site control and staking 50' grid of the proposed sub grade. (staking for 2 days of crew time - for one time staking)

• Task Two-Monthly survey of the grades for measurement and payment purposes for a total of3 months. (there maybe additional work to include hourly rate of survey crew).

• Task Three- As-built survey of the preparation of the final sub grade surface.

• Task Four- Stakeout 10 locations of groundwater monitoring wells and gas monitoring probes.

• Task Five- Survey TOC (northing, easting and elevation in NGVD29) for 17 individual wells. Survey shall be prepared in accordance with the FDEP permit. Providing three (3) signed and sealed hard copies and electronic file.

Peavey & Associates Page I of 3 Surveying and Mapping PA

190



PHASE 2-Cell Construction Surveying • Task One: Pre-topo of the prepared sub grade surface. • Task Two-As-built survey of the secondary geomembrance surface • Task Three- As-built survey of the primary geomembrane surface. • Task Four- As-built survey of the liner protective layer surface. • Task Five- As-built of the leachate collection system corridor pipes, sumps, manholes, force main, etc.

• Task Six- As-built survey of the final surface • Task Seven- Volume calculations for conformance check and for measurement and payment purposes.

• Task Eight- Time for weekly meetings during cell construction phase, pre-construction meeting and 3 problem resolution meetings.

Survey shall be on a square grid spaced riot wider than 50 feet. Five copies of the final as-built drawings and electronic copy in Autodesk Land Desktop Release 2009 will be provided.

2. REQUIREMENTS OF CLIENT • Receipt of an executed agreement. • Digital copy of the approved plans • Hard copy of the approved plans

3. PROFESSIONAL FEES Compensation for the outlines services will be on a lump sum basis, billed monthly for completion percentages of work in progress, as followed:

PHASE 1-Site Preparation Surveying Task One: Task'I\vo: Task Three: Task Four: Task Five:

**These fees are for one time staking**

Peavey & Associates Page 2 of 3

1,990.00 3,550.00 2,560.00

900.00 2,180.00

TOTAL $11,180.00

Surveying and Mapping PA

191



PHASE 2-Cell Construction Surveying

Task One: Task Two: Task Three: Task Four: Task Five: Task Six: Task Seven: Task Eight:

4. ACCEPTANCE OF TERMS

2,560.00 1,980.00 1,980.00 2,560.00 2,560.00 1,800.00

530.00 3,800.00

TOTAL$17,770.00

Services requested by the CLIENT not listed in the above scope of work will be provided on a time and material basis in accordance with the "Hourly Rate Schedule" attached hereto as Exhibit "A".

If the proceeding is satisfactory to you, please return a signed copy of this Agreement. Invoicing will occur monthly based upon the percentage or hours of work completed.

Sincerely,

_111o1✓-f ,;all ,cYc<> ' • ,~,

Deborah L. Peavey, PSM Agreed to and accepted by: _______________ _

Owner or Owner's Authorized Agent Date

Peavey & Associates Page 3 of 3 Surveying and Mapping PA

192

Peavey & Associates Surveying & Mapping PA

. , ., .... .. _. 690 Alice Place, Bartow, Fl 33830 . ·,, .,-,,r,c'\· Phone: 863-738-4960

· Email: [email protected]

EXHIBITA

HOURLY RATE SCHEDULE

Senior Project Surveyor

Survey Crew

Administrative/Clerical

95.00

90.00

35.00

Peavey & Associates Page 4 of 3 Surveying and Mapping PA

193

ATTACHMENT C

PROJECT SCHEDULE

194

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ATTACHMENT D

DETAILED BUDGET ESTIMATE

196

Table1

BUDGET ESTIMATE SEGMENT 3 EXPANSION - PHASE 2 CONSTRUCTION PROCUREMENT

CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA

a. Principal Hr $196 0

b. Associate Hr $185 58

c. Senior Project Engineer Hr $163 44

d. Project Engineer Hr $129 0

e. Engineer Hr $112 30

f. Senior Staff Engineer Hr $100 0

g. Staff Engineer Hr $84 0

$119 16

Hr $117 0

c. Administrative Assistant Hr $81 0

d. Technical Word Processor Hr $83 0

e. Clerical Hr $50 38

~n'¥1i'i'i~ a. Lodging Day

b. Per Diem• Day 2

c. Communications Fee 3% Labor 0.03 $25,107

d. GADD Computer System Hr $15 16

e. Vehicle Rental & Fuel* Day $150 4

f. 8"x1.1" Photocopies Each $0.12 200

g. GADD Drawings Each $3 100

• In compliance with Section 112.061 F.S.

$0 $10,749

$7,175 $0

$3,375

--~

$0 $21,298

$1,910 $0 $0 $0

197

Table 2

BUDGET ESTIMATE SEGMENT 3 EXPANSION· PHASE 2 CONSTRUCTION PROCUREMENT


PHASE 2: FLARE SYSTEM RELOCATION DESIGN

ITEM

d. Technical/Administrative Assistant e. Technical Word Processor f. Clerical

$100 1 $21 1

3% Labor 0.03 17,442 Hr $15 38. LS $3,350 1.07 Est $300 1.07 Da $150 1 Each $0.12 100 Each $3 2 Da $30 0 Est $5,000 1

Subtotal Relmbursables

$100 $21

$523 $570

$3,585 $321 $150

$12 $6 $0

$5,000 $10 288

198

Table 3

BUDGET ESTIMATE SEGMENT 3 EXPANSION • PHASE 2 CONSTRUCTION PROCUREMENT


PHASE 3 • PROCUREMENT SUPPORT SERVICES

ITEM I BASIS

~~mles'!nb a.Principal Hr 0 b. Associate Hr 86 c. Senior Project Engineer Hr 62 d. Project Engineer Hr 0 e. Engineer Hr 84 f. Senior Staff Engineer Hr 68 g. Staff Engineer Hr 94

Hr $119 148 Hr $117 0

c. Administrative Assistant Hr $81 0 d. Technical Word Processor Hr $83 20 e. Clerical Hr $50 0

Subtotal Technical/Administrative Services

Day $150 4 b. Per Diem• Day $21 4 c. Communications Fee 3% Labor 0.03 $69,558 d. GADD Computer System Hr $15 80 e. Vehicle Rental & Fuel* Day $150 2 f. 8"x11" Photocopies Each $0.12 1000 g. GADD Drawings Each $3 500


$0

$15,938

$10,110

$0

$17,670

$0

$0

$1,662

$0.

$19,331

$600

$84

$2,087

$1,200

$300

$120

$1,500

$5,891 ·-Ii~ .f .. L~-.9."

199

Table4

BUDGET ESTIMATE SEGMENT 3 EXPANSION • PHASE 2 CONSTRUCTION PROCUREMENT


PHASE 4: MISCELLANEOUS ENGINEERING & TECHNICAL SUPPORT SERVJCESS

a. Principal Hr 0 b. Associate Hr 32 c. Senior Project Engineer Hr 32 d. Project Engineer Hr 0 e. Engineer Hr 28 f. Senior Staff Engineer Hr 0 g. StaffEngin-eer -- Hr 56

Subtotal Professional Services

a. GADD Designer Hr $119 60 b. Senior Drafter/Senior GADD Operator Hr $117 0 c. Administrative Assistant Hr $81 0 d. Technical Word Processor Hr $83 8

e. Clerical Hr $50 4 Subtotal Technlcal/Admlnistrative Services

e-Bilm! a. Lodging Day $100 0 b. Per Diem* Day $21 0 c. Communications Fee 3% Labor 0.03 $27,044 d. GADD Computer System Hr $15 60 e. Vehicle Rental & Fuel* Day $150 2 f. 8"x11" Photocopies Each $0.12 500 g. GADD Drawings Each $3 10


$5,930 $5,218

$0 $3,150

$0 $4,717

$19,016

$7,163 $0 $0

$665 $200

$8,028

$0 $0

$811 $900 $300

$60 $30

$2,101

200

Date:

To:

Thru:

May 6, 2011

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM


From:

Subject:

W. Erik Olson, Director of Utility Services~

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District J:i."lv\. Amendment No. 1 to Work Order No. 29 to Geosyntec for One Year of Groundwater Monitoring, Installation of six new wells and Prepare Remedial Action Plan for the Former South Gifford Road Landfill

BACKGROUND:

In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continuation of groundwater monitoring activities and remedial activities to show that the County and SWDD are both protective of the environment and that we are proactively taking efforts to re mediate the site.

On July 6, 2010, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 29 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $67,363 to provide professional services for continuation of the groundwater monitoring plan for the chlorinated volatile organic compound (CVOC) plume at the former South Gifford Road Landfill for a period of one year. The July 2010 and the December 2010 sampling and reporting events were completed on time and budget. On January 28, 2011, SWDD received a letter from the FDEP in response to the July 2010 sampling event requesting the installation and sampling of additional six (6) monitoring wells and a Remedial Action Plan to address elevated groundwater concentrations in the vicinity of the source area. On May 3, 2011, SWDD received a letter from the FDEP in response to the December 2010 sampling event requesting a Remedial Action Plan by July 5, 2011.

Accordingly, staff requested the attached proposal from Geosyntec to provide continuation of groundwater monitoring and reporting for an additional one year period as well as the installation and sampling of six new wells and the preparation of the remedial action plan.

ANALYSIS:

Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network and implement remedial activities as requested by the FDEP. Geosyntec's proposal consists of five main phases as follows:

Task Description Budget

Phase 1: Project Management/Meetings $5,175

Phase 2: Meetings/Response to Comments $7,067

Phase 3: Install Six New Wells & Prepare Remedial Action Plan $57,460

Phase 4: Semi-Annual Sampling Activities $40,054

Phase 5: Data Evaluation and Semiannual Reporting $25,187

Total $134,943·

SWDD Agenda - Geosyntec Amend No 1 to Work Order No 29 - Former South Gifford Road Landfill Groundwater Sampling Reporting Page- I - 201

Phase 1 includes project planning and management responsibilities. Phase 2 includes preparation and attendance at one meeting with SWDD and the FDEP, as needed and also includes response to FDEP comments dated January 28, 2011. Phase 3 includes the installation of six new wells and preparation of a Remedial Action Plan which will recommend additional bioremediation activities in the source area, and the · re-dosing of existing biobarriers at the site. Phase 4 includes field preparation, groundwater sampling, and water level measurements. Phase 5 includes data evaluation and semiannual reporting. In addition, Geosyntec will coordinate with Environmental Conservation Laboratories, Inc. (ENCO), the analytical laboratory contracted with SWDD, regarding laboratory analyses required by FDEP.

ACCOUNT INFORMATION:

Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County.

PRESENTATION:

Geosyntec has requested to make a presentation to provide a current summary of the site and to discuss the future potential uses available to Indian River County. In particular, Geosyntec plans to discuss an opportunity for SWDD and the local Gifford Community to participate in a feasibility study to be performed by Department of Energy National Renewable Energy Laboratory (NREL). Through its RE-Powering America's Land: Siting Renewable Energy on Potentially Contaminated Land and Mine Sites initiative, The U.S. Environmental Protection Agency {EPA) is soliciting applications from states, tribes, regional governments, and communities that want to evaluate the potential development of renewable energy on potentially or formerly contaminated properties. The NREL evaluation will determine the best renewable energy technology for the site, the optimal location for placement of the renewable energy technology, potential energy generating capacity, the return on the investment, and the economic feasibility of the renewable energy projects. The Request for Applications is due on May 20, 2011.

RECOMMENDATION:

Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the attached Amendment No. 2 to Work Order No. 29 authorizing Geosyntec to provide groundwater monitoring, reporting, and remedial action plan services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of ~ 134,943.

ATTACHMENT: Amendment No. 1 to Work Order No. 29 {16 Pages)

Indian River Co,

Administration

SWDD Director

Budget

Legal

Risk Manager

SWDD Agenda - Geosyntec Amend No 1 to Work Order No 29- Former South Gifford Road Landfill Groundwater Sampling Reporting Page-2- 202

Board of County Commissioners 1801 27th Street

Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391

Professional Services for

FORMER GIFFORD ROAD LANDFILL AMENDMENT NO. 1

to WORK ORDER NO. 29

FOR Continuing Contract Agreement for Professional Services

WITH Geosyntec Consultants, Inc.

This Amendment No. 1 to Work Order No. 29 is entered into pursuant to the Continuing Contract Agreement for Professional Services entered into August 10, 2004 and amended July 24, 2007 (as so amended, the "Agreement"), by and between Indian River County Board of County Commissioners ("COUNTY") on the same terms as the existing Agreement, as extended, between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, ("DISTRICT") AND Geosyntec Consultants, Inc., a Florida Corporation ("CONSUL TANT").

The COUNTY has selected the CONSUL TANT to perform the professional services set forth on Attachment A, attached to this Amendment No. 1 to Work Order No. 29 and made part hereof by this reference. The professional services will be performed by the CONSUL TANT for the fee schedule set forth in Attachment B, attached to this Amendment No. 1 to Work Order No. 29 and made a part hereof by this reference. The CONSUL TANT will perform the professional services within the Schedule more particularly set forth in Attachment A, attached to this Amendment No. 1 to Work Order No. 29 and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order or Amendment to Work Order shall conflict with the terms of the Agreement and terms of the Agreement shall be deemed to be incorporated in each individual Work Order or Amendment to Work Order as if fully set forth herein.

COMPENSATION.

The COUNTY agrees to pay, and the CONSULTANT agrees to accept, a fee for services rendered according to the "Scope of Services" identified in Attachment A and Exhibit 1.

CCRl 1018/XRl 1016.doc

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Page 2 AMENDMENT NO. 1 TO WO #29 - Geosyntec Consultants, Inc. Former Gifford Road Landfill

A Not-to-Exceed Amount of: $134,943.00 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Attachment A and Exhibit 1.

IN WITNESS HEREOF the parties hereto have executed these presents This, ___ day of __________ ,2011.


(Signature) Bob Solari, Chairman

Approved by BCC. ______ _


Deputy Clerk

CCRl 1018/XRl 1016.doc

GEOSYNTEC CONSULTANTS, INC.

(Signature) Thomas A. Peel, Ph. D., Vice President

Witnessed by:

(Printed name)

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ATTACHMENT A

PROFESSIONAL SERVICES

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Geosyntec 1> consultants

Mr. Himanshu H. Mehta, P .E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968

9515 Holsberry Road, Suite A Pensacola, Florida 32534

PH 850.477.6547 FAX 856.417.6707

wv.·w.geosyntec.com

8 March 2011

Subject: Proposal to Implement FDEP Letter, Provide One Year of Groundwater Monitoring/Reporting and Meeting Attendance Former South Gifford Road Landfill Vero Beach, Indian River County, Florida

Dear Mr. Mehta:

Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services associated with implementation of Florida Department of Environmental Protection (FDEP)-required activities at the site and continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida. This fee proposal is based on correspondence with the FDEP, discussions with IRC, and the FDEP-approved Remedial Action Plan (RAP) and associated addendums. This proposed scope of work is a continuation of groundwater monitoring activities that are required by FDEP and that have been ongoing at the site since 2002. As requested by IRC, this fee proposal includes budget to implement activities required by FDEP in correspondence dated 28 January 2011, complete two semi-annual monitoring and reporting events for the plume monitoring well network, and to participate in one meeting. Geosyntec has prepared this proposal (professional services as Exhibit 1) as Amendment 1 to existing Work Order No. 29 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, dated 10 August 2004, and amended effective 24 July 2007.

The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein.

CCRI 1018/XRI 1016.docx


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Mr. Himanshu H. Mehta, P.E. 8 March 2011 Page2

PROJECT BACKGROUND

As part of the long-term monitoring activities for the identified CVOC plume associated with the Former South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source remediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. Based on the data presented in the semi-annual groundwater monitoring reports for the plume monitoring network, Geosyntec recommended a reduced sampling frequency for some of the plume monitoring network wells. The scope of work discussed herein is based on assumed approval of these recommendations (i.e., removal of shallow wells from the groundwater monitoring network and decreased sampling frequency in some other monitoring wells}.

PROPOSED SCOPE OF WORK

The proposed scope of work consists of FDEP-requested monitoring well installations, semiannual groundwater monitoring and reporting activities (two events) and the preparation and submittal of a Remedial Action Plan Modification (RAPM). For the purpose of budgeting, the scope of work has been divided into the following four main phases:

• Phase 1 - Project Management;

• Phase 2 - Meetings/Response to Comments;

• Phase3 - Implement FDEP-Required Activities;

• Phase 4 - Semi-Annual Sampling Activities; and

• Phase 5 - Data Evaluation and Semi-Annual Reporting

The remainder of this section presents a general description of the activities to be performed in . each phase.

Phase 1- Project Management

Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes I ½ hours per month for the project manager over a 12-month project duration. In addition, one hour per sampling event has been included for the associate-in-charge. Geosyntec will also work with !RC to provide updates to the County regarding site remediation activities (up to two presentations).

CCRI 1018/XR.11016.docx

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Mr. Himanshu H. Mehta, P.E. 8 March 2011 Page3

Phase 2 - Meetings/Response to Comments

Under this task, Geosyntec has included budget for preparation and attendance (by two Geosyntec personnel) at one meeting with IRC. The budget includes 20 hours for preparation for and attendance at the meeting for Mr. Jim Langenbach and 12 hours for these activities for Ms. Nandra Weeks. Under this task, Geosyntec will also provide a response to FDEP comments dated 28 January 2011.

Phase 3 Implement FDEP-Required Activities

Under this task, Geosyntec will implement the activities outlined in the 28 January 2011 letter from FDEP. These activities will include: (i) preparation of a RAPM Addendum No. 2 to propose additional bioremediation remedial activities in the vicinity of GR-MW30; (ii) installation, development, surveying and sampling of up to six requested additional monitoring wells in the vicinity of GR-MWI 7 and GR-MW30; and (iii) reporting. It is anticipated that the RAPM Addendum No. 2 will also outline a plan to re-dose the existing biobarriers at the site. Installation of the monitoring wells requested by FDEP may require brush clearing to provide access to the area in the vicinity of GR-MWl 7, as well as potential coordination and/or approval for access onto the airport property. (Note: Budget has not been included for additional bioremediation injection activities which will be proposed in the RAPM or the re-dosing of the biobarrier).

Phase 4 - Field Activities

Under this task, Geosyntec will perform all field activities related to the plume groundwater monitoring, as discussed herein. The field activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, field equipment preparation, and notifying. FDEP of the field schedule. In addition, we will coordinate with Environmental Conservation Laboratories, Inc. (ENCO), the analytical laboratory contracted with IRC, regarding laboratory analyses required by FDEP.

Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring wells. Groundwater sampling activities will be executed using a two-person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPs). The proposed annual field event will be conducted in the summer of 2011 (tentatively in June) and will include sampling of 56 monitoring wells. The proposed semiannual field event will be conducted in winter 2011 (tentatively in December) and will include sampling of 23 monitoring wells. The annual and semi-annual field events are budgeted to be completed with a two-person team within approximately five days and three days, respectively. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation of the groundwater plume. It is anticipated that purge water (IDW) will be treated in the existing air stripper sump and discharged to the sanitary sewer following treatment. No costs are included herein for IDW disposal.



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Mr. Himanshu H. Mehta, P.E. 8 March 2011 Page 4

Geosyntec will conduct a complete round of groundwater level measurements coincident with each semi-annual grounqwater sampling event. Depth to groundwater measurements will be recorded to the nearest 0.01-ft in each monitoring well, including existing monitoring wells and applicable City ofVero Beach wells (assumed up to 82 wells).

As a potential cost-savings measure at the site, we are proposing the use of Passive Diffusion Bag (PDB) Samplers in wells sampled for exclusively for VOCs. The PDBs are an innovative sampling technique that consists of the deployment of a" semi-permeable low-density polyethylene tube lab-filled with analyte-free water within the screened interval of a well. The technology is based on the principal of diffusion and that compounds will migrate from an area of high concentration to an area of low concentration until equilibrium is achieved. It is recommended that the PDBs be deployed in the well for a minimum of 14 days up to a maximum of one year prior to sample collection. Use of these samplers in lieu of traditional low-flow purging techniques will save labor time in the field. More detailed technical information can be provided upon request. Geosyntec anticipates utilizing PDB samplers in lieu of low-flow purging techniques at a number of proposed monitoring well locations (if approved by the FDEP). If PDBs are approved for use at the site by the FDEP, it is anticipated that up to 30 percent of the proposed labor budget will not be utilized.

Phase 5 - Data Evaluation and Semi-Annual Reporting

Under this task, Geosyntec will perform data evaluation activities for the CVOC plume monitoring reporting and prepare semi-annual reports (two) for submittal to FDEP. Data evaluation activities will include database management, data evaluation and screening, geographical information systems (GIS) figure preparation, time trend analyses, and/or statistical data analyses. The results of groundwater sampling associated with the CVOC plume monitoring will be presented in a report supported by attachments containing Chain-of-Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, and any other applicable materials. The draft reports will be submitted to IRC SWDD for review prior to submittalto FDEP. Each final semi-annual report will be signed and sealed by a Florida registered professional engineer or geologist.

SCHEDULE

FDEP has requested that the County begin implementation of the required activities immediately. Geosyntec will initiate these activities within two weeks of receipt of notice to proceed from the County. We will conduct the groundwater monitoring and reporting activities on a semi-annual basis as described herein. The semi-annual groundwater monitoring events will be conducted tentatively in June and December 2011. In addition, Geosyntec is tentatively scheduled to attend the 22 March 2011 County Commission meeting to present a project update.


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Mr. Himanshu H. Mehta, P.E. 8 March 2011 Page 5

BUDGET ESTIMATE

A budget estimate for the scope of work outlined in Phases 1 through 5 of this proposal is summarized below and a detailed budget estimate is provided as Exhibit 1. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for IRC SWDD at the site, and experience with · groundwater monitoring and reporting activities at similar facilities.

Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD.

Phase 1 - Project Management

Phase 2 - Mee.tings/Response to Comments

Phase 3 - Implement FDEP-Required Activities

Phase 4 - Semi-Annual Sampling Activities

Phase 5 - Data Evaluation and Semi-Annual Reporting

TOTAL

CLOSURE

$5,175

$7,067

$57,460

$40,054

$25,187

$134,943

Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal.

Attachments

CCRI 1018/XRI 1016.docx


Sincerely,

~w~ Jill Johnson, P.O.

~!ff-~ James Langenbach, P.E. Associate

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EXHIBIT 1

BUDGET ESTIMATE


211

XR11016.xlsx

Table 1

MARCH 2011 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL

PHASE 1: Pro· ect Mana ement

ITEM

~-~t~~i!fQ~t~~WI~~~-a. Principal hr $195.67

b. Associate hr $185.32

c. Senior Project Geologist hr $163.07

d. Project Engineer hr $129.12

e. Engineer hr . $112.49

f. Senior Staff Geologist hr $100.16

gv Staff Engineer. :br $84.24

0 $0

6 $1,112

18 $2,935

0 $0

0 $0

0 $0

0 $0

Subtotal Profe5sional Services $4,047

-~'11-hr $98.56 0 $0

b. Senior Engineering Technician hr $73.88 0 $0

c. Designer/GIS hr $119.39 0 $0

d. Drafter/CADD Operator hr $72.79 0 $0

e. Technical/Administrative Assistant hr $81.39 12 $977

f. Technical Word Processor hr $83.08 0 $0

g. Clerical $49.96 0

a. Lodging day $89 0 $0

b.PerDiem day $51 0 $0

c. Communications Fee 3%1abor O.Q3 5,024 $151

d. CADD Computer System hr $15 0 $0

e. Vehicle Rental day $75 0 $0

f. 8.5 11xl l" Photocopies each $0.12 0 $0

g. Second Day Letter each $6 0

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XR11016.xlsx

Table2


PHASE 2: Meetings/Response to Comments

b. Associate hr $185.32 20 $3,706

c. Senior Project Geologist hr $163.07 4 $652

d. Project Engineer hr $129.12 0 $0

e. Engineer hr $112.49 0 $0 f. Senior Staff Geologist hr $100.16 0 $0

g, Staff Engineer hr $84.24 0 $0 Subtotal Professional Services $6,707

lb,__==,.=,..=01:=I?=·,«=••-=-= .. ~=.ffl,=5"""'=• ._=. "=""='"""=, ,.=,=,;,,=~=-o.=,-..,=,,-,i-,c .. $<,. •. ', .. •;;er ~1;-; ~,.Y.££.8~1C@.. ' ~mmJfil:~!~t;,._cyJ~,!:;/i~W,~ ,,,.-m:ffi'5?J~' ,., , ,,, , ~

·.-a. Site Manager/Consbuction Manager hr $98.56 0 $0


c. Designer/GIS hr $119.39 0 $0 d. Drafter/CADD Operator hr $72.79 0 $0

e. Technical/Administrative Assistant hr $81.39 I $81


g. Clerical hr $49.96 0 $0

Subtotal Technical/Administrative Service! $81

~~ii~ a. Lodging day $89 0 $0

b.PerDiem day $51 0 $0

c. Communications Fee 3%labor 0,03 6,788 $204


e. Vehicle Rental day $75 I $75 f. 8.5"xl I" Photocopies each $0.12 0 $0

g. Second Day Letter each $6 0 $0

Subtotal Reimbursable $279


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XRl1016.xlsx

Table3

MARCH 2011 BUDGET ESTIMATE

SOUTH GIFFORD ROAD LANDFILL

PHASE 3: Implement FDEP-Required Activities

ITEM BASIS RATE QUANTITY

i~tm11~f$~l~~%!~~,r,J~~-a Principal lrr $195.67 0

b. Associate lrr $185.32 8

c. Senior Project Geologist lrr $163.07 4

d. Project Engineer lrr $129.12 0

e. Engineer (RAPM Prep) lrr $112.49 45

f. Senior Staff Geologist (RAPM/sampling) lrr $100.16 40

g. StaffEngineer lrr $84.24 0

Subtotal Professional Services

~--~~ ~ ~-;,;~),!,,. ¥ ~tX' '

a. Site Manager/Construction Manager lrr $98.56 80

b. SeniorEngineeringTec'nnician lrr "$73.88 0

c. Designer/GIS lrr $119.39 4

d. Drafter/CADD Operator lrr $72.79 0

e. TechnicaVAdministrative Assistant lrr $81.39 4

f. Technical Word Processor lrr $83.08 0

g. Clerical lrr $49.96 0

b. Clerical lrr $42 0

Subtotal TechnicaVAdministrative Services

~~~ a. Driller Mod/demob/prep LS $2,675.00 l

b. Per Diem day $353.00 4

c. Well Installations each $4,244.00 6

d. Permits each $25.00 6

e. Well Development lrr $185.00 3

f. Decon lrr $214.00 4

g. brush clearing LS $1,070.00 l

h. Drwns each $58.85 15

ESTIMATED BUDGET

$0

$1,483

$652

$0

$5,062

$4,006

$0

$11,203

$7,885

$0

$478

so $326

$0

$0

$0

$8,688 ~-$2,675

$1,412

$25,464

$150

$555

$856

$1,070

$883

i. Surveying each $167.00 6 $1,002

Subtotal Subcontractor Services $34,067

~ ': ~ :, ·~ - ~ ~€ ~ a. Lodging d,y $89 7 $623

b. Per Diem d,y $51 7 $357

c. Communications Fee 3%labor O.Q3 $19,891 $597

d. CADD Computer System lrr $15 4 $60

e. Vehicle Rental d,y $75 7 $525

f. 8.5"xl I" Photocopies each $0.12 100 $12

g. Overnight Cooler each $95 2 $190

h. Groundwater Sampling Kit d,y $275 2 $550

i. Well installation kit d,y $160 3 $480

j. Equipment Shipping each $54 2 $108

Subtotal Reimbunable! $3,501

Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www.gsagov). 2. Groundwater Sampling Kit includes: water level indicator, oil/water probe, peristaltic or bladder pump, multi-meter (pH, temperature, conductivity, turbidity, dissolved oxygen, and oxidation reduction potential), tubing, and miscellaneous supplies. 3. Well installation kit includes PID, water level indicator.

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XR.11016.xlsx

Table 4


PHASE 4: Semi-Annual Sam lin Activities

ITEM BASIS RATE QUANTITY ESTIMATED BUDGET

a. Principal hr $195.67 0 $0

b. Associate hr $185.32 2 $371

c. Senior Project Geologist hr $163.07 4 $652

d. Project Engineer hr $129.12 0 $0

e. Engineer hr $112.49 0 $0

f. Senior Staff Geologist hr $100.16 170 $17,027

g. StaffEngineer hr $84.24 0 $0

a. Site Manager/Construction Manager hr 170 $16,755


c. Designer/GI$ hr $119.39 0 $0

d. Drafter/CADD Operator hr $72.79 0 $0

e. Technical/Administrative Assistant hr $81.39 0 $0


g. Clerical hr $49.96 0 $0

h. Clerical hr $42 0 $0

Subtotal TechnicaVAdministrative Services $16,755

@!lfil.~\l'lffii"fii~~ . ~--""--·•---~n!!L......... .. - -~• . , . a. Lodging day. $89 7 $623

b. Per Diem day $51 14 $714

c. Communications Fee 3%labor O.Q3 $34,805 $1,044


e. Vehicle Rental day $75 7 $525

f 8.S"xll" Photocopies each $0.12 100 $12

g. Overnight Cooler each $95 2 $190

h. Groundwater Sampling Kit day $275 7 $1,925

L Water Level Measurement Kit day $53.75 2 $108

j. Equipment Shipping each $54 2 $108

Subtotal Reimbursables $5,249

Notes:

1. Lodgin_g and per diem rates were taken from the GSA website for the Vero Beach area (www.gsa.gov).

2. Groundwater Sampling Kit includes: water level indicator, oil/water probe, peristaltic or bladder pump, multi-meter WH, temperature, conductivity, turbidity, dissolved oxygen, and oxidation reduction potential),

tubing, and miscellaneous supplies. 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies.


215

Table 5


BASIS RATE

a Principal hr $195.67

b. Associate hr $185.32

c. Senior Project Geologist hr $163.07

d. Project Engineer hr $129.12

e. Engineei- hr $112.49

f. Senior Staff Geologist hr $100.16

g. Staff Engineer hr $84.24

b. Senior Engineering Technician hr $73.88

c. Designer/GIS hr $119.39

d. Drafter/CADD Operator hr $72.79

e. Technical/Administrative Assistant hr $81.39

f. Technical Word Processor hr $83.08

g. Clerical hr $49.96

a Lodging day $89

b. Per Diem day $51

c. Communications Fee 3% labor 0.03

d. CADD Computer System hr $15

e. Vehicle Rental day $75

f. 8.5"xl in Photocopies each $0.12

g. CADD Photocopies each $3

0

8 $1,483

32 $5,218

0 $0

0 $0

120 $12,019

0 $0

0 $0

0 $0

48 $3,494

8 $651

0 $0

8 $400

0 $0

0 $0

$23,265 $698

56 $840

0 $0

2,000 $240

48 $144

Subtotal Reimbursables

XRl1016.xlsx Geosyntec Consultants

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ATTACHMENT B

FEE SCHEDULE


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Exhibit2 Geosyntec Consultants

2009 Bill Rates

Labor Classification

Clerical Administrative Assistant

Technical Word Processor

Drafter/CADD Operator/ Artist

Senior Drafter/Senior CADD Operator

Designer

Engineering Technician

Senior Engineering Technician

Field Manager

Site Manager

Field Superintendent

Staff Professional Senior Staff Professional

Professional Project Professional

Senior Professional

Associate

Principal

General

Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications Photocopies

Bill Rate

$49.96

$81.39

$83.08

$72.79

$117.10

$119.39 $56;86

$73.88

$86.22

$98.56

$102.54

$84.24

$100.16

$112.49

$129.12

$163.07

$185.32

$195.67

At Cost Cost Plus 7%

3% of Professional Fees $15 per hour

$0.12 per page

Effective I August 2008 and each year thereafter the bill rates stated above will be adjusted based on the prior twelve month Consumer Price

Index for all south urban consumers.

IRC 2009 Rates

218