Embed Size (px)
Citation preview
March 10, 2009 Page 1 of 5
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
C O M M I S S I O N A G E N D A
COUNTY COMMISSIONERS
Wesley S. Davis, Chairman District 1 Joseph A. Baird, County AdministratorJoseph E. Flescher, Vice Chairman District 2 William G. Collins II, County AttorneyGary C. Wheeler District 3 Jeffrey K. Barton, Clerk to the BoardPeter D. O’Bryan District 4 Bob Solari District 5
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION
Father Tri Tang Pham, St. Helen’s Church
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. December 19, 2008 Workshop - Mining
B. Regular Meeting of January 13, 2009
County Commission Chamber Indian River County Administration Complex
1801 27th Street, Building A Vero Beach, Florida, 32960-3388
www.ircgov.com
TUESDAY, MARCH 10, 2009 - 9:00 A.M.
March 10, 2009 Page 2 of 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
A. Resignation of District 2 Appointee to the Planning & Zoning Commission (memorandum dated March 2, 2009) 1-2
B. Appointment of District 2 Appointee to the Planning & Zoning Commission
(memorandum dated March 3, 2009) 3-7
8. CONSENT AGENDA
A. Permission to Advertise for an Ordinance Amendment to Section 306.06, Residency Restrictions for Registered Sex Offenders (memorandum dated March 4, 2009) 8-9
B. Change Order No. 1 and Final Payment to CKA and Associates, Inc. for the
Baytree and Marbrisa Dune Restoration and Wabasso Beach Park Dune Restoration Projects (memorandum dated March 2, 2009) 10-16
C. Right-of-Way Acquisition, BRM, LLC. a Florida Limited Liability Company,
3900 20th Street, 2040 40th Avenue, Vero Beach, Fl (memorandum dated February 25, 2009) 17-29
D. Replacement of 24” Force Main on 15th Avenue From Oslo Road to Master In-
Line Pump Station No. 89 – UCP No. 3096 – Approval of Final Payment to Derrico Construction Corporation (memorandum dated February 12, 2009) 30-35
E. SR 60 From 66th Avenue to 84th Avenue Conflict Resolution with FDOT
Drainage, Pavement and Traffic Signal Improvements, Approval of Change Order No. 1 and Final Pay to Schulke, Bittle & Stoddard for Engineering Design, Surveying and Construction Administration Services, UCP #3026 (memorandum dated February 25, 2009) 36-42
F. Children’s Services Advisory Committee’s Recommendation for Funding
Report and Agency Contract (memorandum dated February 27, 2009) 43-51
G. Approval of Warrants and Wires – February 20, 2009 thru February 26, 2009
(memorandum dated February 26, 2009) 52-58
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
March 10, 2009 Page 3 of 5
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.
1. Request to Speak from Dr. Samuel Sadow, University Medical Clinics, Inc., Regarding Proposal for County Health Care Services Contract 59
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
A. Appointments to Citizen’s Advisory Task Force (memorandum dated March 4, 2009) 60
12. DEPARTMENTAL MATTERS
A. Community Development
1. Establishment of a Census 2010 Complete County Committee (memorandum dated March 4, 2009) 61-66
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
March 10, 2009 Page 4 of 5
12. DEPARTMENTAL MATTERS PAGE
G. Office of Management and Budget
1. Request for Agenda; Property/Casualty Insurance 2009-10 (memorandum dated March 2, 2009) 67-83
H. Recreation
None
I. Public Works
1. Right-of-Way Acquisition – 66th Avenue #0370, 6855 66th Avenue, Vero Beach, Fl 32967, Owner: Jackson, John Jr. (memorandum dated March 2, 2009) 84-100
J. Utilities Services
1. Construction of a 16” Water Main in Conjunction with the 16th Street Pavement Project from 66th Avenue to 74th Avenue – UCP 4023 (memorandum dated February 25, 2009) 101-102
13. COUNTY ATTORNEY MATTERS
A. Renewal of Employment Agreement (memorandum dated March 4, 2009) 103-106
14. COMMISSIONERS ITEMS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Gary C. Wheeler
None
D. Commissioner Peter D. O’Bryan
1. Local Jobs Grant Program (memorandum dated March 4, 2009) 107-108
E. Commissioner Bob Solari
None
March 10, 2009 Page 5 of 5
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.
To:
Date:
Subject:
From:
MARCH 10, 2009 INFORMATIONAL ITEMS
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
Members of the Board of County Commissioners
March 2, 2009
Resignation of District 2 Appointee to the Planning & Zoning Commission
Maria Resto, Commissioner Assistant District 2
Mr. Gerald Weick, District 2 Appointee, has tendered his resignation from the Planning &Zoning Commission. His term would expire in 2011.
Attachment: Letter of Resignation
1
Maria Resto
From: [email protected] Sent: Monday, January 26, 2009 11 :08 AM
Joseph E. Flescher To: Subject: Resignation
Dear Joe,
Effective March 19, 2009, I will be a councilman in the Town of Indian River Shores. Therefore, I will be resigning my commission on the County Planning and Zoning Board along with my appointment to the Affordable Housing Committee effective on that date. Hopefully this notice will give you ample time to select a replacement.
I have thoroughly enjoyed my time working on the Board and with the excellent county staff.
Thank you for your confidence in me and if I can be of any further assistance please let me know.
Sincerely,
Gerard Weick
1
2
To:
Date:
Subject:
From:
78
MARCH 10, 2009 INFORMATIONAL ITEMS
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
Members of the Board of County Commissioners
March 3, 2009
Appointment of District 2 Appointee to the Planning & Zoning Commission
Maria Resto, Commissioner Assistant District 2
Commissioner Joseph Flescher has appointed Mr. Richard Zimmerman Ill as the District 2 Appointee to the Planning & Zoning Commission. He replaces Mr. Gerald Weick and his term will expire in 2011.
Attachment: Committee Application
3
INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT
DATE: March 2, 2009
NAME: Richard Samuel Zimmerman, III (Sam)
First M.I. La~tName
ADDRESS: 361 Shores Drive, Vero Beach FL 32963
HOME PHONE#: 772-234-2935
BUSINESS PHONE#: 772-539-8517
CELL PHONE#: 772-473-5613
E-MAIL: __ r_s_z_i_· i_· i_· @_gm~a_i_l_._c_o_m ___________________ _
HOW LONG HA VE YOU BEEN A RESIDENT OF INDIAN RNER COUNTY? 8 yrs
ARE YOU A FULL TIME OR PART TIME RESIDENT? (CIRCLE ONE)
~PARTTIME
PLEASE LIST CURRENT EMPLOYER OR BUSINESS. IF RETIRED, PLEASE LIST ANY BUSINESS EX.PERIENCE THAT MAY BE APPLICABLE TO A SPECIFIC COMMITTEE:
Owner of ZimMark Enterprises Limited, a real estate development
and management company specializing in multifamily and commercial
property in Ohio and northern Florida. For an example of my work
please see www.BeachsideApartments.org
PLEASE LIST ANY LICENSES YOU PRESENTLY HOLD: Various-- related to
the ownership, management, and operations of real property.
i.e., sales tax registrations, pool licenses, FL DBPR license, etc.
F:\BCC\Forms\Committee Application.doc
4
PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE CURRENTLY A MEMBER:
Board Member- The Shores HOA
Quail Valley Yacht Club
Harvard Schools & Scholarships Committee -- alumni interviewer
PLEASE LIST ANY OTHER COMMITTEES OR BOARDS YOU CURRENTLY SIT ON:
City of Vero Beach Visioning Committee- (former) 2004-2005
Ohio State University Campus Partners Initiative- (former) 1995-1996
PLEASE PUT A "X" NEXT TO THE COMMITTEE YOU WOULD LIKE TO SERVE ON. IF YOU ARE INTERESTED IN MORE THAN ONE, PLEASE NUMBER YOUR CHOICES IN ORDER OF PREFERENCE:
AGRICUL TTJRE ADVISORY COMMITTEE
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
BOARD OF ZONING ADJUSTMENT
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN ADVISORY TASK FORCE
CONSERVATION LANDS ADVISORY COMMITTEE
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
ECONOMIC DEVELOPMENT COUNCIL
ECONOMIC OPPORTUNITIES COUNCIL (STATE COMMITTEE)
EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE
ENTERPRISE ZONE DEVELOPMENT AGENCY
ENVIRONMENTAL CONTROL HEARING BOARD
HISTORIC RESOURCES ADVISORY COMMITTEE
INDIAN RIVER COUNTY EXTENSION ADVISORY COUNCIL
LAND ACQUISITION ADVISORY COMMITTEE
F:IBCC\Forms\Committee Application.doc
5
MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE
METROPOLITA.t'\/ PLANNING ORGANIZATION CITIZENS ADVISORY COMM.
NORTH BARRIER ISLAND CORRIDOR PLAN TASK FORCE
PARKS AND RECREATION COMMITTEE
PLANNING & ZONING COMMISSION XXX
PRIMARY CARE/PUBLIC HEAL TH COMMITTEE
PROFESSIONAL SERVICES ADVISORY COMMITTEE
PUBLIC LIBRARY ADVISORY BOARD
STATE ROAD 60 ONGOING REVIEW TASK FORCE
TOURIST DEVELOPMENT COUNCIL
TREASURE COAST REGIONAL PLANNING COUNCIL -
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
UTILITY ADVISORY COMMITTEE
WABASSO CORRIDOR PLAN ONGOING REVIEW TASK FORCE
Please return completed application, along with a current resume, to Board of County Commissioners office, 180127th Street, Vero Beach, FL 32960-5965. Any questions, please call 772-226-1490.
F:IBCC\Forms\Committee Application.doc Revised: 01/29/2009
F:\BCC\Fom1s\Committee Application.doc
6
Sam Zimmerman 361 Shores Drive, Vero Beach, FL 32963 772-539-8517 (office) 772-234-2935 (home) [email protected]
Education
Areas of Expertise
Experience
Volunteer
1994 Harvard University, Post Graduate Coursework
• Economics
• Real Estate Finance
1992 Harvard University, Cum Laude English Literature
1988 The Columbus Academy, an independent school, 3rd~12th grade
Real Estate Dev.elopment
Real Estate Finance / Commercial Lending
Property Management
Land Use / Planning & Zoning
ZIMMARK ENTERPRISES LIMITED Founder, Owner & Managing Partner
1994-Present
ZimMark is a real estate development and management company
specializing in multifamily and commercial property. ZimMark has
developed in excess of $35 million of real estate.
Developer, owner, and manager of the following properties:
Multiple Starbucks~anchored commercial properties throughout Florida.
Beachside Apartments; a 55 unit class A rental community in Satellite Beach, FL. See
www.BeachsideApartrnents.org
Mount Air; a 24-home luxury condominium in Columbus, Ohio. Recipient of the City
of Columbus Environmental Preservation Award of Excellence. Sold 2001.
Meadows Apartments; a 102 unit rental community in Marysville, Ohio. Sold 1999.
Summit Place; a 72 unit apartment community in Wooster, Ohio. Sold 1999.
Harvard Schools & Scholarships Committee Alumni Interviewer
The Shores HOA Board of Directors
City of Vero Beach Visioning Committee
Ohio State University Campus Partners Revitalization Plan
1994-Present
2009 Term
2004-2005
1995-1996
7
Office of CONSENT AGENDA
INDIAN RIVER COUNTY ATTORNEY
William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Senior Assistant County Attomey George A. Glenn, Assistant County Attorney
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
~ William G. Collins, County Attorney 1, ,;Q_.
William K. DeBraal, Deputy County Attorney u}~ March 4, 2009
Permission to advertise for an Ordinance amendment to Section 306.06, Residency restrictions for registered sex offenders
State law requires certain sexual offenders to register their physical residential address with the sheriff's office in the county in which the offender resides. Indian River County Code of Ordinances §306.06 prohibits the registrants from living within 2,500 feet from a public or non-public elementary or secondary school, public park or licensed child care facility. Currently there are over 800 people residing Indian River County required to register with the sheriff's department.
The Sheriff's Department receives no funds from the State for registering and monitoring registered sex offenders. The Sheriff's staff spends a significant amount of personnel time registering and tracking the people required to register. In order to offset the time it takes employees to register and track the registrants, the Sheriff proposes to charge a fee to be paid by the registrant in the amount of $35.00 for first time registration and $10.00 for each annual re-registration. In order to implement charging the fees, the County ordinance would have to be amended to account for this provision. A proposed amended ordinance is attached to this memorandum.
Recommendation: Staff recommends approval of the ordinance for advertisement and setting of a public hearing. Should you have any questions concerning this matter, please do not hesitate to contact me.
c: James Harpring, Esq. Indian River Co. Approved
Admin. \I ..... 1
Date
3 '5/IJ&J \f4'ROVED FOR _..::;r.3~-.,_/0=----0_q...,__ __
8.C.C ME~ -aT AGENDA Co. Atty, t/J, ~ ~ rYo'f
· Budget (I,, 314/n'f
COUNTY ATTORNEY Dept. l~ I ,..:.--Risk Mgr. - - 8
Section 306.06. Residency restrictions for registered sex offenders.
(1)- (3) No change
{4) The Board of County Commissioners shall establish by resolution a fee to be paid by all those required to register with the Sheriff. The fee shall be paid by those registering with the County for the first time and also those reregistering annually as required by law.
9
TO:
THROUGH:
THROUGH:
FROM:
SUBJECT:
DATE:
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
Joseph A. Baird, County Administrator
James W. Davis, P.E., Public Works Director o/ Jonathan C. Gorham, Ph.D., Coastal Resource Manager JC6
James D. Gray, Jr., Coastal Engineer@
Change Order No. 1 and Final Payment To CKA and Associates, Inc. For the Baytree and Marbrisa Dune Restoration and Wabasso Beach Park Dune Restoration Projects
March 2, 2009 Consent Agenda
DESCRIPTION AND CONDITIONS
Indian River County has contracted with CKA and Associates, Inc. for professional services in connection with the Baytree and Marbrisa Dune Restoration Project, County Project# 0857.
During the February 3, 2009 Board of County Commissioners meeting, Consent Item T, The Board ratified Emergency Purchase Order No. 56176, in the amount of $39,450, and authorized the issuance of a Change Order for same amount to replace the Emergency Purchase Order. The Emergency Purchase Order was issued to CKA and Associates, Inc. to restore the coastal dunes fronting Wabasso Beach Park since they were under contract to restore the coastal dunes fronting Baytree and Marbrisa condominium associations.
The attached Change Order No. 1, in the amount of$35,626.68, represents the final additional construction costs incurred to restore the coastal dunes fronting Wabasso Beach Park.
All work contracted for this project has been satisfactory completed and final invoices and requests for release ofretainage have been submitted. Coastal Tech, Baytree and Marbrisa' s engineering consultant, has also certified the project as complete.
RECOMMENDATIONS AND FUNDING
Staff recommends the approval of Change Order No. I, application for payment No. 2, and the release of retainage in the amount of $34,096.31. The total construction costs were $380,089.79.
F:\Public Works\JamesGIBaytree Dune Restoration 2009\Agenda ltem\Agenda_Final Payment and Change Order No I_ Baytree andMarbrisa _3 _10 _09.doc
10
The project is eligible for $190,044.90 or 50% cost sharing with FDEP under grant 07IR2. Additionally, and as stated within a Tri-Party Agreement among Baytree, Marbrisa and Indian River County, Baytree and Marbrisa will jointly fund the $172,231.56 or 50%, local match requirement of the grant to restore their dunes.
Therefore, the County will only expend $17,813.34 oflocal dollars to restore Wabasso Beach Park dunes. Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the project is available and budgeted in the Beach Restoration Fund, Tropical Storm Noel Dune Restoration Account No.12814472-033490-08002 and Beach Restoration Fund, Tropical Storm Noel Dune Restoration Retainage Account No. 128-206000-08002.
ATTACHMENT
Change Order No. 1 Application for Payment No. 2 with Coastal Tech certification
APPROVED AGENDA ITEM
FOR March 10, 2009
•fto,,..,,.,q~ r
Administration
Bud et
Le al
s em
Public Works
Division
Approved
F:\Public Works\JamesG\Baytree Dune Restoration 2009\Agenda Item\Agenda_Final Payment and Change Order No l_Baytree and Marbrisa_3_10 _09.doc
3-z--o
1 1
INDIAN RIVER COUNTY, FLORIDA
CHANGE ORDER NO. 1
PROJECT: BAYTREE AND MARBRISA DUNE RESTORTION -POST TROPICAL STORM NOEL COUNTY PROJECT NO. 0857
CONTRACTOR: CKA & ASSOCIATES, INC. 813 W. BRYAN STREET KISSIMMEE, FLORIDA 34741
CHANGE ORDER DESCRIPTION:
Restoral coastal dunes fronting Wabasso Beach park with up to 1,500 cubic yards (2,000 Tons) ofFDEP Permit IR-806 approved upland sand.
DATE OF ISSUANCE: March 10, 2009
Item Description of Change Quantity No. (Tons)
I Provide Sand 1,825.38
2 Transport & Deliver 1,825.38 Sand
3 Place & Grade Sand 1,825.38
4 Site Restoration -
Current contract price
Net change due to this Change Order
New contract price including this Change Order
New contract completion date
Unit Price $8.50
$4.30
$4.80
-
Price Price Increase Decrease
$15,515.73
$7,849.13
$8,761.82
$3,500
$347,806
$35,626.68
$ 383,432.68
No Change
12
02/24/2009 10:08 777.9781809 PUBLIC WORKS PAGE 03
Project Manager's Recommendation
I have examined the above changes, They are ni:,cessary to satisfactorily complete the Contract. The price changes are reasonable and I recommend the changes be made.
Date: c{cblor
Contractor's Approval
J agri:,e that the above changes in said Contract, in accordance with specifications for the price changes show;t are satisfactory.
,,, ~''K f ,1 u ''-"'' __________ Date: February 25, 2009
Kem1y Arri!lgton President, CK.A & Associates, Inc
MENDED:
~ ER (Signature)
James Davis, P.E., Indian River County Director, Public Works
Date:
APPROVED:
By: OWNER (Signature) Wesley S. Davis Chairman, Board of County Commissioners
Date:
~. . .
~ ...... . . . . .
13
BA YTREE AND MARBRISA DUNE RESTORATION PROJECT COTINTY PROJECT# 0857
APPLICATION FOR PAYMENT NO. 2 ~ FINAL
To: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (OWNER)
Contract for: BAYTREE AND l\1A.1IBRISA nUNE RESTOJ{ATION OWNER'S Contract No. ____________ Project No. _;0=8=5-'-7 ___ _
For Work accomplished through the date of: February 24, 2009
CON1RACTOR'S Schedule of Values ITEM
Unit Price Mobilization/Demob LS
Provide Sand $ 8.50/Ton
Transport & Deliver Sand $ 4.30/Ton
Place & Grade Sand $ 4.80/Ton
Site Restoration
Beach Tilling
Total (Orig. Contract)
C.O. No. 1 - Wabasso Beach Park Dune Rest.
C.O.No.2
Accompanying Documentation: Change Order No. 1
.""":":'.:"~·· ll'tL..nl-\l't,u~· ...... u ...... nl! r 11. ... ,v n 1,v !
• C '
"' ' 0 wh•.'- ~
.,,_ I_--;:-, ., ~
;
P.O.# ACCT.# , t.:.:;:;:.:.;;: _______ _
LS
LS
Quantity Amount - $10,166
18,900 $ 160,650
18,900 $ 81,270
18,900 $90,720
- $3,500
- $ 1,500
$347,806
$35,626.68
GROSS AMOUNT DUE
LESS % RETAlNAGE
AMOUNT DUE TO DATE
LESS PREVIOUS PAYMENTS
AMOUNT DUE THIS APPLICATION
A l>PT .TC: A TION FOR PA VMRN'T' ·
Work
Ouantitv 100%
18,795.29
18,795.29
18,795.29
3,500
-
Completed
Amount $10,166
$ 159,759.97
$ 80,819.75
$ 90,217.39
$3,500
-
$35,626.68
$ 380 089.79
$
$ 380 089.79
$ 306 866.80
$ 73222.99
AP-?.
14
lr2/24/ 2069 Ht: 08 7779781809 PUBLIC WORKS PAGE 05
CONTRACTOR'S Certification:
The undersigned CONTRACTOR •certifies that: (1) all previous progress payments received from OWNER.on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered l through 2 inclusive; (2) title to all Work, materials and equipment incorporn.ted in said Wotk or otherwise listed in or covered by this.Application for Payment wlll pass to OWNER at time of ·payment free and clear of all liens; claims,. security interest arid encumbrances (e,s;cept such as are covered by Bond acceptable to OWNER indemnify:i11g OWNER against ;any .such lien, claim, security interest or encumbrances}; and (3) all Work covered by this Application for payment is in accordance with the Contract Documents and noidefective as-that term is defined in the Contract Documents.
Pated __ F_e_b_ru_ary-'-· ._25_,_2_00_9_. ____ _, 2009 CKA:LLC
By:
(Authori:,.ed Signature)
Payment of the. above AMOUNT DUE THIS AP PUCA TTON ls recommended.
Dated_._-___ M-'-'a"'-r-'-c_h--'2-'-, _, ____ _,2009 By,(liiiiiii (Authonzed Signature)
RICDCNo. i9f0-&-B(l990) lsilition) Pri:parafil b:>1 th.e ~i;uem-Joirit Co11tl'act Doou-ii1&nt.,::. -CCJmrilittey.~4 etl:001-sei"l"by Tiie-AuOtiated'Ge-n.#a.1 Cotltra1,t01'$ of Amitfoi'!,
15
COASTAL TECH COASTAL TECHNOLOGY CORPORATION
27]50.00/87406.00
James D. Gray Jr., Coastal Engineer Indian River County 4375 43l'd Ave. Unit 102 Vero Beach, Florida 32967
Re: ·nnne Restoration - Final Payment
COASTAL • ENVIRONMENTAL • CJV/l • ENGINEERING ANO PLANNING
3625 20TH STi'IEET, VEA• BEACH, FLORIDA 32960•2409 PHONE; {772J 5G2-BS80 • FAX: (772) 562-8432
Baytree Condominium Association & Marbrisa Homeowners Association
Dear Mr. Gray,
Tl1is Jetter is to recommend payment in tl1e amount of $73,222.99 to CKA LLC (Contract01) as payment for completion of all contracted work. This final payment includes:
• site restoration~ ,. I 0% retainage held by the County, and 0 Wabasso Beach Park Dune Restoration - m1der Cl1ang_e Order #1
Attacl1ed is a copy of the Contractor's "Application for Payment No. 2-FinaJ" dated Febniary 24, 2009 as executed by!he Contractor and me. Note that:
• Construction observations were coJlaboratively perfonned by County staff and Coastal Teel! Staff.
• The actual volume ofsalld placed bytbe Contractor has been detennined by County staff.
If you have any questions, please contact Tern Fontaine or me.
Michael Walther, PE. President
VERO BEACH • MELBOURNE • SARASOTA • AUSTIN
16
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Joseph A. Baird, County Administrator _,
James W. Davis, P.E., Public Works Director/" ~ and r Christopher R. Mora, P.E., Asst. Public Works Director
Robert Webb, Land Acquisition SpecialiG
Right-of-Way Acquisition BRM, LLC. a Florida limited liability company 3900 20th Street, 2040 40th Avenue Vero Beach, FL
Parcel I.D. # 33-39-03-00007-0060-00006.0 # 33-39-03-00007-0030-00007.0
February 25, 2009 CONSENT AGENDA
DESCRIPTION AND CONDITIONS.
Indian River County plans to improve the intersection of State Road 60 / 20th Street and 43rd Avenue. The project includes the widening of 43rd Avenue from a 2-lane undivided to a 4-lane divided roadway and additional turn lanes at the State Road 60 (SR60) intersection.
BRM, LLC owns two parcels ofland at 3900 20th Street and 2040 40th Avenue, Vero Beach, located on the north side of SR60 between 39th and 40th Avenues. The County needs to acquire an additional 1,742.36 square feet of road right-of-way along the south boundary of the parcels. Staff notified BRM, LLC of the right-of-way requirement and sent a "NOTICE TO OWNER" informing them of their statutory rights in the acquisition process.
The properties are zoned B-1 and have a land use of Bank. The site has a 3,200 square foot banking facility, which is currently vacant. Dr. Rick Root, manager of BRM, LLC, operates a dentist practice east of the subject properties.
The properties are located within the City of Vero Beach city limits in a prime commercial area. A value of $20 per square foot was determined for the property, based on recent comparable sales in the area such as Jansu Adams Inc. (Big Lots) and Lenny's Lounge. Staff prepared an "Agreement to Purchase and Sell Real Estate" in the amount of $34,847 ($20 per square foot) for the 1,742.36 square feet of property. BRM, LLC agreed to the purchase price and has signed the purchase agreement.
There are no appraisal fees or attorney fees.
F:\Engineering\Robert Webb\43rd ave .capital\BRMLLC MEMORANDUM.doc
17
Page2 43 rd Ave I State Road 60 Intersection R.O.W. Acquisition 03-10-2009 BCC Meeting CONSENT Agenda
ALTERNATIVES AND ANALYSIS
1. Approve the purchase agreement in the amount of$34,847 as presented.
2. Deny the purchase agreement and continue negotiations.
RECOMMENDATIONS
Staff recommends Alternative No. I by which the Board of County Commissioners approves the purchase of right-of-way for $34,847 and authorizes the Chairman to sign the Agreement.
Funding is available from Account #10215241-066120-06041, which is budgeted for the section of the 43 rd A venue Improvement Project # 6041 for the intersection of 4 3rd Avenue and State Road 60 between 19th Street and 26th Street. Impact Fees from District 2 fund this section.
ATTACHMENTS
I. Purchase Agreement and addendum with Exhibit "A"
DISTRIBUTION
1) James W. Davis, P.E., Public Works Director 2) Michael C. Zito, Assistant County Administration 3) BRM, LLC, Dr. Rick Root
APPROVED AGENDA ITEM
CONSENT
Indian River County Administration Budget Legal Public Works Engineering Land Ac uisition
F:\Engineering\Robert Webb\43rd ave .capital\BRMLLC MEMORANDUM.doc
Approved Date
18
AGENDA COPY ORIGINAL AGREEMENTTOPURCHASEANDSELLREALESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the --,.----,- day of:--.-~~~--.-- 2009 by and between BRM, LLC. ("Sellers") and Indian River County, a political subdivision of the State of Florida ("County"), who agree as follows:
1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that a portion of certain parcels (2) ofreal property located at 2040 40th Ave. and 3900 20th Street Vero Beach, County of Indian River, State of Florida, parcel I.D. # 33-39-03-00007-0060-00006.0, 33-39-03-00007-0030-00007.0 and more specifically described in Exhibit "A," containing approximately 1,742.36 square feet, more or less, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto ( collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be Thirty-Four-Thousand-Eight-Hundred-Forty-Seven-Dollars & 00/100 ($34,847.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements ofrecord provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property.
3.2 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.
4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.
F:\Engineering\Robert Webb\43rd ave .capital\43rd Ave\43rd Ave _Land AcquisitionlBRMLLCROOTpuragreel 12408.doc 19
5. Default.
5.1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement. and neither the Seller nor any other person or party shall have any claim for specific performance, damages or otherwise against the County.
5.2 In the event the Seller shall fail to perform any ofits obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtam specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County, certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. ( e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.
7. Pro-rations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date ( except current taxes which are not yet due and payable) shall be paid by .the Seller. If the Closing Date occurs during fue time interval commencing on November 2 and ending on December 31, Seller shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, the Seller shall, in accordance with Florida Statutes Section 196.295, pay an amount equal to the current real estate taxes and assessments, prorated to the Closing Date.
8.0 Miscellaneous.
8.1 Controlling T ,aw. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in fue Southern District of Florida for all federal court matters.
8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease,
F:\Engineering\RobertWe.bbl43rd ave .capital\43rd Ave\43rd Ave_Land Acquisition\BRMLLCROOT),uragreel 12408.doc 20
or to proceed, subject to all othertenns, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.
8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.
8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.
8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight'' courier service, as follows:
If to Seller:
Ifto County:
Rick Root BRM,LLC 3755 20th Place Vero Beach, FL 32960
Indian River County 18012i11 Street, Vero Beach, FL 32960 Attn: Bob Webb Land Acquisition
Either party may change the information above by giving written notice of such change as provided in tbis paragraph.
8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any :instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.
8. 7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses.
8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.
8.9. County Approval Required: This Agreement is subject to approval by Indian River County as set forth in paragraph 2.
8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to tbis Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section286.23 (3)(a), the beneficial interest in any entity registered with the Federal Securities and
F:\Engineering\Robert Webl,\43rd ave .capital\43rd Ave\43rd Ave_Land Acquisition\BR!v!LLCROOTpuragreel 12408.doc 21
Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is anon-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.
8.: 11 "Seller acknowledges receipt of the "Notice to Owner" and understand ✓--;J er rights granted under Florida Law Chapters 73 and 74." (<L(Z (initial) ~
1N WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.
SELLERS
BRM,LLC
~ ckL.Root~ /
Date Signed: 2. fa'-/ 81 7 '
INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS
By:--------~----Wesley S. Davis, Chairman
Date Signed: _________ _
ATTEST: J.K. Barton, Clerk
By:_~--~~------Deputy Clerk
Date Signed: _________ _
Dat igned: _________ _
F:\Engineering\Robert Webb\43rd ave .capital\43rd Ave\43rd Ave_Lsncl Acquisition\BRMLLCROOTpuragreel 12408.doc 22
,-r:• EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY! I
__ ...,...,...-- __ _ ·--·-- STATE ROUTE 60--·--·-
-------@71 I
I --7 ____, ~ I I I 11
>-----l~II II ;--~-!---I
I.JJ :::, :z I b!""c:.._µ,.i1 __ -+-_ ____,
I '-;,,----,,+--~ffi~'--1--~ I I.JJ I
l. l ·> j ;Ir----~
I~ --r--.-+---h I i-----+-----<
~ Cl :z: l~I
I
I.JJ :::, 1z1
I.JJ
~ I-
I (1)1 ...... ~
L__ __
J.I I.JJ :::, r-----1:::, I---~
~-7--_._:IGJ 'I ----J...-1 1ifi1
:;l:
i!: 1------r---i:;l: I---~
l---1--J§ -~ r--7-_ __..J";l '---~
l~I
'-----'------' ij 1------rl
1 - - 18TH sfRm---1 r --, I I I I I
9 1..1 .. i ::,I n ,--
ii I
ii I
11 I I I I
11
I
I H-----1' I ~---+---~ I I
H----"i I I I I I I '----+-----'I I
I I
I I I I I
I I
I I I I I
I I I
I .-------1--------, L --_J 1 18TH STREET I I
I I 1SCALE: N.T.S.1 L_ __ _j
,_____. 11 f----rf I-----' II '-,---i__l
~ II f------r""J
I II I I II
~ la PROJECT MANAGER OEPAATMENT MANAGER i Jifl ARCADIS ~ SH:ic:.WOF DESCRIPTl~:-W~EYMAP i---"--....:;.;,--4-,-:;,:--'--
SCALE, CHECKED BY P.C.W. P.C.W.
DATE: DRAWN BY 11- -06 J.A.F.
PROJECT NUMBER ORAW/NG NUMBER
~!!1 ARCADIS G&M, INC. ~ FOR S,R. 60 & 43RD AVENUE RIG/IT-OF-WAY
AQUIS1JION PARCEL NO. 112 2081 Vista Par!May Tel: (561) 597-7000 Fa~ (561) 697-7751
@) West Palm Beach, Florida 33411 www.arcacfis-us.com sHm 1 OF 4 WP001027 1027$D13
EXHIBIT "A" I LAND DESCRIPTION: PARCEL 112 A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 757, PAGE 1921 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF LOTS 6 AND 7, BLOCK 3, SEMINOLE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 26 AND A PORTION OF LOT 1, BLOCK 3, JACOBY HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 31 ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING, SITUATED AND BEING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
lJ' t-':{\ w COMMENCE AT THE EAS'!' ONE-QUARTER (t. 1/4) CORNER OF SAID SECTION 3; THENCE SOUTH 89.31 '04" EAST, ALONG THE EAST-WEST ONE-QUARTER (E. 1 /4) LINE OF SAID SECTION, A DISTANCE OF 1,275.53 FEET; THENCE NORTH 00•2s'56" EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 1, 6 & 7 AND TO THE POINT. OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 00"02'04" WEST, A DISTANCE OF 7.24 FEET; THENCE SOUTH 88.33'46" EAST, A DISTANCE OF 150.05 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 4.74 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 1, 6 & 7; THENCE NORTH 89"31'04" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 150.01 FEET THE POINT OF BEGINNING.
CONTAINING 0.021 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND RIGHT-OF-WAYS OF RECORD.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST WEST ONE-QUARTER SECTION LINE OF SAID SECTION 3, HAVING A BEARING OF SOUTH 89.31 'D4" EAST. ALL BEARINGS ARE RELATIVE THERETO.
CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
~ -. . . ;7· RC.WHITE PROl"ESSIONAL SURVEYOR & MAPPER NO. 4213, STATE OF FLORIDA
DATE: 11-1.1-D6
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING Of THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-Of -WAY AND EASEMENTS OF RECORD.
i LA AR. CADIS ~ .... ;-~!--f=~rL~~-'G_rn~1_0$_Pf'_wu_rn_r """_c_rn _ __,~:r~:E_!_3o_· --~::-~:w~:~D=ayfff---1 !'il .till ~ SKETCH OF DESCRIPTION 11
- -o5 JAF. !1 ARCADIS G&M, INC. s FOR S.R. 60 & 43RD AVENUE RIGHT-OF-WAY PROJECT NUMBER DRAWING NUMBER
~ 2081 Visla Parl<way Tel:(561)697-7000 Fa>:(561) 697-7751 .\QIJlSITION PARCEL NO. 112 WP001027 1027S013m 4 @ West Palm Beadi, Florida 33411 www.arcadJS--US.com SHEET 2 OF 4 't,.
EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
....
SCALE: N.T.S.
N89"33'05''W I 55.00'
I CD
150.08'
CD BLOCK 3
<P.B. 1, PG. 31 ··· IRCR>
22.05'
...-..o..·W ,......_ :::> a.:
in I Z ::l W I ::I ::5 > I 3:
z <C '-.. w a::: ~ .
5.00'
i-I--: (/) I- -.:1-w o, ~
I OWNER: ~1'01
"0-.t- ~ I O.R.B. 757, PG. 1921 p w w ;" GREAT WESTERN BANK bl r
"' 81 z g +68.74 ~ b :::; ~b-:..t- '.@ 39.74'LT. N 0 0 ,_
0 N I z ~3 §_ 1/) r--._· ~f-t--....:.=~~::..;.t---,11...--.:.:::.:::.:.::::::_ ___ +_1_a._77_.:::!.l--------.i.E~~I _:: \ S88"33' 466£ 150,05' 3
7.Z4
' LT. 22.05'
- - - -*"---..--------.i.,,..--.,.---,.---~----.,;;;;;;;i N89"31'04"W / 150.01' , n P.0.8.
1 S.W. CORNER J->' I LOT 8 iiil-1 ~I~
. lo
L EXISTING R/W LINE
2656+00
L SOUTH LINE N00-00 00 ~ LOTS 1, 6 & 7 4.74
2657+00 +4/.14 ·J 8 In
z· I _...._ __ .,__-'----''----"---.,....i..----'---...._ __ .,__ _ __, __ ....i,. __ -+-1
i S89"31'04"E : ss9•31 '04"E STATE ROUTE 60 ~75.53' _ ~--[-t· -·- (OS~~~~ s~~~~ARD) (B~;;ito;;:E) ·-i \_ P.O.C. ~ SURVEY PER F.0.0.T · I EAST 1/4 CORNER EAST-WEST 1/4 R/W MAP-PROJ. NO 88060-2525
SEC. 3-33-39 SECTION LINE W.P.I NO. 2286271 SHEET 30 OF 32 STA: 126+8?.93 3-33-39
NOTE: SEE SHEET 4 OF 4 FOR LEGEND o fQ PROJE:CT MANAGER OEP/.ITTMENT MANAGER SCALE, CHECKED BY " ARCADJS P.c.w. P.c.w. P.c.w. P.c.w. !,· I SHEET ;~CH OF DESCRIPTION k•_:.Af:,,.i-~-,,:;0~6 ~+
0=~=-1)'.'F=.r,v~;;a;--I
UE as= OF-w•y · PROJECT NUMBER DRAWING NUMBER _ ARC'AD/S G&M, /NC. ID FOR S.R. 60 & 43RD AVEN ~,- -no
_ ""' -' AQIJ1smoN PlllCEL NO. 112 WP001027 1027$D138 5 8 2081 \fota Parkway Toi: (561)097-7000 Fax: (561)697-7751 @ Wast Pa!m Beacil, Florida 33411 www.areadis-us.com SHfil 3 Of 4
•o EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
LEGEND: re. - BASELINE
~ - CENTERLINE F.D.O.T. - FLORIDA DEPARTMENT OF TRANSPORTATION I.R.C.R. - INDIAN RIVER COUNTY RECORDS N.T.S. - INDIAN RIVER COUNTY RECORDS
0.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PGS. - PAGES P.0.8. - POINT OF BEGINNING P.0.C. - POINT. OF COMMENCEMENT R/W - RIGHT-OF-WAY SEC. - SECTION
S.L.C.R. - ST. LUCIE COUNTY RECORDS
@) - ACQUISITION PARCEL NUMBER
@) - ADJOINING PARCEL NUMBER
CD - LOT NUMBER
~
fiARCADIS PROJ£CT MANAGER I D£PARTMENT MAIIAG£R SCALE CHECKED BY·
i P.C.W. P.C.W. P.C.W. P.C.W.
&t SHEET TIIL£ DATE: DRAWN BY
I g SKEfCH OF DESCRIPTION 11- -06 J.AF.
ARCADIS G&M, INC. m FOR S.R. 60 & 4JRO AVENUE RIGHT-OF-WAY PROJ£CT NUMBER DRAWING NUMBER
~ -' AQUISmON PARCEL NO. 112 10275D13~ h 2081 Visla Parkway Tel: (561) 697-700D Fax: (561)697-7751 WP001027
® West Palm Beach, Florida 33411 www.arcacfts-Us.com SHEET 4 or 4
9
EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
·-- --STATE ROUTE 60--·--·-
108
Lu ::, ,Q, ~ 0 z l~I
i --7 '-------l ~ I ii I
i,___.c..)--'--71 II .-, ~--1---4 I I I I
l.,J ::,
I :Z:I LJ.J
~ I-
I (/)I -"<I'
I I
I I I J I I
I I
Lu II <--- l.,J f----'
L.....--L __ ::> IQ,-, ---1---1
::, 1Q1 ~ ----+---~ f--~
L-.c...r--J~ ,_____, :c: ;-l~I
r---i---......1~ '----i
'-----"---' ~ I
I
I I I I I I
I I
n r--,____, II
II ~-; ___ I
11 f-------r"I II~-; I
I II I ,____ II ,-----; I I ,SCALE: N.T.S.,
.___l !I I I II _ ____, I
~--+---' I L __ _j L._ __ _J
~ fiARCADIS l,li SHEET 1ITl.E OAlE: DRAWN BY () 7'
g SKETCH OF DESCRIPTION KEYMAP 1=1~1-~-<IB=~+=J=.A.=F·~~--1 L.j ,n FOR S.R. 60 & 43RD AVENUE RJGHf--OF-WAY PROJ£CT NUMBER ORAWlNG NUMBER ,
PROJECT MAflAGER DEPARfMENf MANAGER SCALE, CHECKED BY P.C.W. P.C.W. P.C.W. P.C.W.
ARCADIS G&M, INC. ..! AQUIS!IlON PARCEL NO. 111 2081 Visla Pali<way Tel: (561) 697-7000 Fas (561)697-7751 Wesi ?aim Eleai:h, Florida 33411 WWW ,arcadls-us.oom sHm1or4
~ [f
I ~ @)
EXHIBIT "A"
I LAND DESCRIPTION: PARCEL 111
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1010, PAGE 154 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF LOTS 7 AND 8, BLOCK 3, SEMINOLE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED iN PLAT BOOK 1, PAGE 26 OF THE PUBLIC RECORDS OF INDIAN RIVER, FLORIDA, LYING, SITUATED AND BEING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
w€.;17 'N COMMENCE AT THE 9t5'F ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 3; THENCE SOUTH 89"31'04" EAST, ALONG THE EAST-WEST ONE-QUARTER (E. 1/4) LINE OF SAID SECTION, A DISTANCE OF 1,175.53 FEET; THENCE NORTH 00"28'56" EAST, A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8 AND THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 00"02'04" WEST, ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 8.91 FEET; THENCE SOUTH 88°33'46" EAST, A DISTANCE OF 100.03 FEET; THENCE SOUTH 00"02'04" EAST, A DISTANCE OF 7.24 FEET TO A POINT ON THE SOUTH LINE OF SAID LOTS 7 AND 8; THENCE NORTH 89"31 '04" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.019 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND RIGHT-OF-WAYS OF RECORD.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST WEST ONE-QUARTER SECTION LINE OF SAID SECTION 3, HAVING A BEARING OF SOUTH 89°31 '04" EAST. ALL BEARINGS ARE RELATIVE THERETO.
CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
P Y • WHITE PRO SSIONAL SURVEYOR & MAPPER NO. 4213, STATE OF FLORIDA
DATE: -11-J.J-06
fAARCADIS ARCADIS G&M, INC. 2081 Vlsla Piirkway Tel: (561) 697-7000 Fa< (561}697-7751 West Palm Beach, Florida 33411 www.arcadis-us.com
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
P~OJECT MANAGER DEPARTMENT MANAGER SCAl£: CHECKED BY P.C.W. P.G.W. 1· ~ 30' P.C.W.
ill! SHEEf mt£ DA1E: DRAWN BY 11- -06 J.A.f. 0 SKETCH OF DESCRIPTION "" PROJEC! NUMBER DRAWING NUMBER .. FOR S.R. 60 & 43RD A\/fNUE RIGITT-OF-WAY
1027SD12f ..,
AQUIS/110N P>JlCB. NO. 111 WP001027 SHEEf 2 OF 4
EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
35.00'
SCALE: N.T.S.j
0..
S89"31 '04"E 100.00'
© +,~,.-~ t
OWNER: GREAT WESTERN BANK, FSB
O.R.B. 1010, PG. 154
+68.72 41.41' LT.
55.00'
5.00'
CD
+68.74 39.74' LT.
S00'02'04"E I S88'33'46"E 7·24' (112)
I r-~s~s.02~~m~~~+---~- I ---""t--~~5~5-=oo~· tP~. ~'""T'"'"m ... __ ...;::;45~:o::.o'-.--+-"t--- ===r=
P.0.8. N89'31'04"W l 100.00' - -S.W. CORNER I-"' I SOUTH LINE
LOT s c.o r a Ex1snNG I +34_10 ~ l§l LOTS 7 & 8 "" , / r N o N R/ W LINE
~I"" n - 2655+00 2656+00
I I S89"31 '04"E 1175.53' I
-~-:·--1.+---~-, ~ i ~P.O.C.
I EAST 1/4 CORNER SEC. 3-33-39 STA: l26+87.93
; fiARCADIS
STATE ROUTE 60 S89'31'04"E
(OSCEOLA BOULEVARD) (BEARING BASE)
( 20TH STREET) [ ssg·31 '04 "E
~ SURVEY PER F.D.O.T R/W MAP-PROJ. NO 88060-2525 EAST-WEST 1/4 W.P.I NO. 2286271 SHEET 30 OF 32 SECTION LINE 3-33-39
NOTE: SEE SHEET 4 OF 4 FOR LEGEND PROJECT IJANAGER DEPARfMENT MANAGER SCfil: CHECKED BY
P.C.W. P.C.W. P.C.W. P.C.W.
I SHEET mu DATE: DRAWN BY
g SKETCH OF DESCRIPTION 11- -G6 J.A.F.
m FOR S.R. 60 & 43RO Al'ENUE RIGHT-OF-WAY PROJECT NUMBER DRA1',1NG NUMBER _, ; ARCADIS G&M, INC. ~ 20B1 Vota Palkway Tel: (561) 697-7000 Fa~ (561) 697-7751 AQUISmoN PARCEL NO. 111 10275D1 WP001027
3 4-® West Palm Beach, Florida 33411 www.arcadjs..us.com SHEET OF
DATE:
TO:
FROM:
PREPARED& STAFFED BY:
SUBJECT:
INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES
BOARD MEMORANDUM
FEBRUARY 12, 2009
JOSEPH A. BAIRD,~~MINISTRATOR
W. ERIK OLSON, DIRECTOR OF UTILITY SERVICES
MICHAEL C. HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER, GORDON SP ARKS, P.E., ENVIRONMENTAL ENGINEER
CZD
REPLACEMENT OF 24" FORCE MAIN ON 15TH A VENUE FROM OSLO ROAD TO MASTER IN-LINE PUMP STATION NO. 89 - UCP No. 3096 - APPROVAL OF FINAL PAYMENT TO DERRICO CONSTRUCTION CORPORATION
BACKGROUND AND ANALYSIS:
On October 7, 2008 the Board of County Commissioners approved a project to replace about 700 feet of24-inch ductile iron force main for a total amount of $229,972.15 for labor and materials and authorized the Chairman to execute Work Authorization No. 2007-018 with Derrico Construction Corporation (Derrico) for $127,869.28. The estimated cost for County purchased materials was $102,102.87. The Utility Department's Labor Contractor, Derrico was approved by the BCC on February 6, 2007 (Bid No. 2007026), and the contract was in effect through February 6, 2009. The project was completed as of January 30, 2009 and the total cost of labor was $113,046.44, which is $14,822.84 or 11.59% less than budgeted. Pay Request No. 4 was received from Derrico on February 11, 2009 (See Attachment 1). The contractor has been paid $77,750.42 from previous invoices by the County. The Final Payment of $35,296.02 will satisfy the County's obligation to the contractor.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the BCC approve Pay Request No. 4 (Final Payment) from Derrico in the amount of$35,262.02, and approve the total cost of the labor for the project in an amount of$113,046.44.
ATTACHMENTS:
1. Pay Request No. 4 (Final) from Derrico in the amount of $35,262.02
F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Pem1its\IRC - 24-inch Force Main Replacement at In-Line Pump Station UCP #3096\AAA -AGENDA -FINAL PAY & Derrcco - February 12, 2008.doc
30
FUNDING:
Funding for final payment to Derrico Construction Corporation is available in the 24" Force Main Replacement from 15th Avenue to Oslo Road account in the Utilities Fund.
ACCOUNT NUMBER
47123536-044699-09501
APPROVED FOR AGENDA:
B
FORJYuw}u /(), {){J()C/ Date '
ACCOUNT NAME R & R 24" FM Replacement
15th Ave to Oslo Road
Indian River Count
Admin
AMOUNT
$35,296.02
F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - 24-inch Force Main Replacement at In-Line Pump Station UCP #3096\AAA -AGENDA - FINAL PAY & Derrcco-February 12, 2008.doc
31
w N)
SECTION 00622 • Contractor's Application for IFtnal Payment
For WorLAccomplished through the period of February 1. 2008
To: INDIAN RIVER COUNTY (OWNER) From: DERRICO CONSTRUCTION CORPORATION (CONTRACTOR) Contract: UCP # 3096 Project: 24" Force Main Replacement on 151h Ave .. to In-Line Pump Station OWNER's Contract No. WIP # 471 ENGINEER's Contract No. ENGINEER_~
(1 l•••·Att.ic.h !li!f~lle-!f l:l.\:t.'1ggur~:•e!J9lPQPJ~§;iffll!ll'e'.~l~\jl'.i~!1J:!L(~.
1. Original Contract Price: 2. Net change by Change Orders and Written Amendments(+ or-): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement):
Qo/o of completed Work: iQ
6. 7. 8.
Qo/o of retainage: iQ Total Retainage:
Total completed and stored to date less retainage (4 minus 5): Less previous Application for Payments: DUE THIS APPLICATION (6 MINUS 7):
CONTRACTOR'S CERTIFICATION:
$127,869.28 iQ
$127,869.28 $113,046.44
iQ $113,046.44
$77.750.42 $35.296.02
Application for Payment No. 4. tbLough February 28. 2009
Approvod Date
C v-v___
I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below.
The acceptance of final payment shall be and shall operate as a release of the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with
00622 - Contractor's Application for Final Payment - Per Marian 00622 - 1
Y:\Projecls\09-392 Force Main Replacement IRC Labor Ccnlract\Payment Applicalions\00622 • Contractor's Application for Final Payment• Per Marian.doc Rev. 05/01
w w
this Work and for every act and neglect of'the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.
Dated ,._/ 1 (o 1 Derrico Construction C9rporation
By: (~~
State of r1-,,J, .J"hn f_ rtcb.Q..,l"f$C.f/ 1.Uh.J 1$ p,z,.r-s~n«lir k(l.~~1'1 f-c- m.;;
11111111 ,,,,,,,,,,,, ,,,,,"..,c'I D. T,¾,.¾,, ~:-\.h..\" ••••••• O'.t<'-..:- ~ ~ ~;;;;tA\SS/0,11;~.:>:>,~
County of 6,·,vnrd . Subscribed and sworn to before me this --=-'-'-ri,"-------day of ft.brut1l""t, ~t)q~
J)('~'f ,,{J,v-:-.d4& .A':t11ey D. tAihu+-· Notary Public My Commission expires:---'r,i=,,_•·,,,•A'-',"."'"'-''-''"o","'"c..· --------~
CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE):
;::: .('.}) ... h5 "1:o• ~ ~ ••~ ~~c •<'o_,. ?ii_•• ::=. ~ :~ ~ 1&~ ~ :"*: ..... =*~ i 5. t #DD 765256 .~j .~~.. ,2.._. ·•~;::. ~~,•. 4.:zze~~ •·@_~ ~ --;o•~.,..,_...,.lillSll,ill";•·'X': ~ ~ ?191····· 0 ·~ o<!',: ,,~ ~✓- <IC STAT. 1\'' ~,,,,,,,,,,11111111
I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor.
JJUJc.!it!L Dated 1-1-0f (ARCHITECT/ ENGINEER) SIGNATURE
CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my
inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above.
Dated c.1 )£ IJ /4 9 ~ l ,
'? Accompanying Documentation: __
* * END OF SECTION * *
00622 - Contractor's Application for Final Payment M Per Marian 00622 - 2
Y;\Projects\09-392 Force Main Replacement IRC Labor Contract\Paymenl Applicatlons\00622 - Contractor's App!icaUon for Final Payment - Per Marian.doc Rev. 05/01
SUBCONTRACTOR'S PAYMENT REQUEST
SUBMITTED BY: DERRICO CONSTRUCTION CORPORATION Post Office Box 361177 Melbourne, FL 32936-1177
SUBMITTED TO: INDIAN RIVER COUNTY DEPARTMENT OF UTILITIES 1801 27th Street Vero Beach, FL 32960
PROJECT NAME: 24" Force Main Replacement on 15th Ave. to ln•Line Pump Station
DESCRIPTION: IRC Bid No. County Project No. UCP #3096, WIP #471
PERIOD ENDING: February 28, 2009
PAY REQUEST: #4
ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TOTAL REVISED CONTRACT
$ 127,869.28
$ __ =-=o"'.o"'o $ __ ,;;12,;,7~,8~69~.2a:;;B
============== -=======-===========-= ====== ---- ------------- _,====
TOTAL COMPLETED TO DATE $ 113,046.44 MATERIALS STORED $ ___ ____,Oe,.0"'-0 TOTAL COMPLETED AND STORED $ 113,046.44 RETAINAGE (10%) $ ____ .,Oc,.Oc,_O TOTAL EARNED LESS RETAINAGE $ 113,046.44 LESS BILLED ON PREVIOUS ESTIMATES $ ___ 7,c7cc,7:,.:5c:,Oe:..4=2 PAYMENT DUE $ __ .;;3aa5,;a,;29;;;;6.;;.0:;;,2
============ ======================== ======= ================ ==========
RELEASE The undersigned certifies that all material, labor or services for which payment is requested
hav~ been fully paid for; and the .above project cannot be liened or made claim to by anyone who has furnished material, labor or seJVices to the undersigneid; and the undersigned hereby releases Indian River County from further liability for materials, labor or services furnished by the undersigned through this pay period.
This release becomes in full force and effect upon receipt by the undersigned of the "current payment due" amount, shown above.
Date: __ ?f-+-~1~(_o~f ___ _
STATE OF FLORIDA COUNTY OF BREVARD
DERRICO CONSTRUCTION CORPORATION
---r I':'~ By:~-~ ..... '-----'---------
John P. Robertson, President
The foregoing instrument was acknowledged before me this 91ii day of fi »t"~i:t.vv , 2009 by John P. Robertson, PresidentofDERRICO CONSTRUCTION CORPORATION,'a Florida corporation, on behalf of the corporation. He is personally known to me and did take an oath.
NOTARY PUBLIC ~,1o/ ""D, 141h1.-rt
My Commission Expires: llf.!__v-eA s-Hi, 2e12.
34
w CJ'1
SUBQON[RACTOR'S PAYMENT REQUEST
RE: 24" Force Malo R9placement on 15th Ave. to In-Line Pump Station IRC Bid No, County Project No. UCP #a096, WIP #471
CONTRACTOR: DERRICO CONSTRUCTION CORPORATION ~o~ Offli;G Box 381177 Melbourne, FL 32~36-1177
Af'PUCATIONNO: APPLICATION OATE: PERIOD FROM: l'ERIODTO:
4 2/6/2009 2/112009
2/28/2009
Mi~l tl{f#jtt.fil~Ut;~;;1t.:+.~•:,;fA\f~k¥~;.J~yfu¾wk~ ~,IJ~Yf\f.M~{ ~,%¼,: =rm=~ -; ~.~~JN&,1; #~iM: .. : .?~ ~j~f #0~~i{fl{<-f fi(@: ·"-- .,_,_, ______ ,.,._,..,_ .. ., """'"''"'. " ,.,,. __ ,.,, """ ,.,._.,,..., ~,.,, 9_3 /Mobmzatlon, Demoblliz;:iuun, momm,i1;:o,iu;u1 ,,.._,~ L% 8!365~'. ~?..§~2§ 0 _M_6Q,28j 0,QQ ~65.28 0.00
.1.0~ 14c
14,
Remove and DispO§_e of1fii"Pipe al LaQdfill lnslatl 12" SS Wei Tap Assemblyw/ 12" GV&B an<r"fap .M~ lnslall 18' SS We!TapAssembly wl 18'' GV&B and Tap Main
15e J Install and Remove line Stop on 12" Main, Includes
Rii~r_aJnfng Exls1 Main (If Needed)
15h
1rnsiall and Remove Line Stop on 18' Main, Includes B~relnlng Exist Main (If Needed)
g_~_ ]lnstaU 12"_ [=IVC Force Main 29 111$1a!! 20• PVC Forca_/,ialn 291 ti:,~1§111.18" PVC Fon:;~_~arn 1Bh liiistau 20• Plug vaIVe 41 !Core Dli!I Wei Well -QI_ I Install M_JRDI F/tl[n_@.
07 a \RelTlo\/aT cf Flt!irlQS- at Slatio[l _gg !Pothole~
51a I Inst~!_,'\s[:1haltic Con~re\6 - F!owab!e Fl_ii _F!~ble 1'_111 Materials
511:l· JReiriove,'tilspose. of and repla~_~k_.§.ase 51c fRemo~~ Dispose .Qt.I.ind Rep1ace §t~bill.zed Sub9ra_de
52a Remove Dis ose of and replace Concrele Curb & Gut!er 55 Install Concrete Sidewalk
$"a ISodandt~ -5_Q_ ]Pa!nt Aerial Pipe
Paint ~___fil~rlals 56 rrree aiid Stump f!_Ei!mova! §I rciear-end ~Mti _§~ !Load and Heu! Debris
61 a Iv-tell Polntl_[!_Q 61 b Well Polnlln • Aodlt!QD_al g_ fu!_~y & As•bullt
lnstall4"Sewer Air Release Valve Assembly w ARV & 45!! JManho/e_Structu~ 48a Saw clli Remove 8d Dis ose Of As halt 4Bb install Aspha!llc Cernent-Type s~ 1 AC• 200 IonSClr unde 48c jinslalfA$phalUc C_eriient-1),j:~ S-3 AC· 200 Tons qr_u_ndel
Asphalt.M~lerlals 49c I lnstall-~~ectolii:ed P9116menl Ma~ • White -fhermo
F'@.vem9iiTMar1dngs ~1~ri~fs 52d )Tn~tal! Ty"p"e.F Concre~~.!!~~t Curb .§Q \ Density rest and PrQ..ctor
Subtotal S_~wer System Labor Subtotal Sewer SYS1em Labor. Mob., Demob., MOT
TOTAL PROJECT
~,!AterJRl• R!Q(ed:
;J-ri'l-P Cl"'" "1 ,;,,,/10/0 'r
9~~
750
20 700 40 2
8.0 l?,Q 11
~
50 50
100
1.000 _8_00 15
53 300 59
175 T
12 7.5 4.5
24.()_ 52
50 3
lJ'
s!',
s!',
e/1.
e/1. LF LF LF El. ~-
'rbJiSI IQ.NS
EA
SY Ljl SY SY
LF
Sf lf LF L~
11'1 bf CY 1,$ EA 1.1
LS
TONS] TONS TONS TO~I
1E. 1.~ LF EA
31,_00
1,100.001
1,300.00,
8,500,001
16,37s.ool
20.00'. _!_27.00i $2?_.001 ·
1000-:-001 600.00
!:!.,,665.0 -~~-2-:-001 s220,00I
$100,QQ !§,320.04\ ·
!I.!?,001. 175~00
$30.0{
$4.S!ll' !2.Q_0
.§.SO:-qo $195.041. $25.Q0
st:i~1· $1,300,qi
$30.00 _t?_,,ooo.o_ol
ssoo.00I
$25.00 : 1180.00 $150.001 ~·
$2,00 ~50.o.o; $21.001.
11so.00I ·
g4.75o.ooi
.Ll9_Q_,Q_O
1,300.00
8....§QQ_,_OOI
161375.001
400.001 ~eoo,00I 1,.9!30.oo: 1,fill_Q,00I
600.00 13,:320.001
4~992.0Q_ 3_&8_0.00
4,400.00 5,320.04' ~J§Q,,00, 3,750.001
3.000.00 _4,500.001 1&Q9.,QQ] .:1.,.200.00
195_&1j 1,s2s.00I
300.QQ 2 000.00· 1,300.00 s,250.00: 5.QQQ_,__Q0_
§Q.Q.po 300.00'
1,350.Q.Q 675.00
7.600.081 104.00 550.00
1,050,00' ·4so.00I
11s:so4.00I J27!8692Si
-19.
0
9. 2.9_
700 -40
·2
i 2 ~
" _§Q 50
100 0
Q 0
Q 5~.
_30Q. so:
ill. M5
12 I-5 . 4.5 .1l
0 9 0 3'
4Q
0
0
Q
Q 0 Q 0 _o
!!. Q Q Q
0 ;;
"!!. 15
Q 0 0
Q Q
0 0 0 0
_JJ .. , ~Q
0
_!9_
Q
Q 20
700: AfJ
2
8 6 g
~
50 M
100 1000 BQ!! 15
§3 300
_§Q
175 1
12 7.5 4.5 24 52
m. 3
'!,
1'
1,32Q_,__Q0j
,,100.00
1,30Q_.00
_Q.,,00
Q.00 _±00_,_00
1.M!Q0,00I 1,080.00, M00_,Q_0I
fil/0_,_oo: 6!660..,_00 1,66f,OO _1,980.00
4.40Q,QQi 5,320.04' 3,750.00 ~7~9~00,
3,000.001 QJ!Q _Q.00 Q.00 Q,00
1!325~00 -~00~001
2,000.001 1!300,QQ] s,2so.00I 3,750.00
500.00 300:00
~_@,OOj 675.00
~,apo.04 0.00 0.00 Q,.Q_Q
_1§0..,_QQI
86,389._:}61
.
1.320,001
0.00
0.00
0.00
O,QQ_ 0.00 0.00 _Q,_QQ_ 0.00 0.00
6,660.0Qi ~~2apol 1,100.00
0.00 0.00' _Q.00 0.00
0.00 1,5_QO!00 1,600.00 1,200.001
195.04 -0.00
_Q,00 0.00 O.,QQ
___Q,,QQ 1250._Q0
0.00 0.00 0.00 0.00
3,800.04 104.0_0
1,550 001
0.,,001
26.6~.08
.ETEDWORK
STORED
'lOl/SEST IMATE
;2.,_640.00
1,100.00:
1_,,30.Q,CI_0I
0.00
0.00 400.00
18,900.0C 1,080.001 .MQ0.00
BQQ.oo: 1M20.00I 4,992.Q0' 3,0_8Q_.00I
4,400.00 5.3~QMJ ~.1so.00I 3,I5Q.Q0j
3 000.00' ,'.50MBJ J.&OQ_,__QQJ 1,200.00
195.041 t_g5.00I
300.001 2:0oo.QQ _1d0Q_.00 5,250.00: 5,000.00'
SQQ,_QQ; 300 001 --675.00
!,.§.00.06: .to.'l.QQI 550.00
1,050,0_0 450,0l
113,046.441
113,046.44 !J!g_
113 046.44 JlQQ.
113046.44 7775Q.42 35296.02
_gj_1__Q.O
Q.,,00
0.,,00
8,500.00
1§,375,001
0.00 o-:00 0.00 0.00 0.00 0.00 0.00 o:oo
D.QQ, 0.00 0.00 0.00
0.00 0.00 o.,,oo <J.00 0.00 0.00 _Q,00 0.00 o,p.o 0.00 0.00
0.00 0,00 O_,QQ_ 0.00 QJ!O 0,00 0.00 0.00 0~
46.985.Q0;
DATE:
INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES
BOARD MEMORANDUM
FEBRUARY 25, 2009
TO: JOSEPH A. BAIRf & ~O~J\DMlNISTRATOR
FROM: W. ERIK OLSON ~IRECTOR OF UTILITY SERVICES
PREPARED MIKE HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER 11J # AND STAFFED BY: GORDON E. SPARKS, P.E., ENVIRONMENTAL ENGINEER /1/!:.-5
SUBJECT: SR 60 FROM 66 TH A VENUE TO 84 TH A VENUE CONFLICT RESOLUTION WITH FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS; APPROVAL OF CHANGE ORDER NO. 1 AND FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR ENGINEERING DESIGN, SURVEYING AND CONSTRUCTION ADMlNISTRATION SERVICES, UCP #3026
BACKGROUND AND ANALYSIS
The Board of County Commissioners (BCC) approved Work Order Number 5 from Schulke, Bittle & Stoddard, LLC for engineering, construction administration and surveying services for a total amount of$91,472.50 on January 8, 2008. These services are now complete and Schulke, Bittle & Stoddard, LLC submitted Final Invoice number 07-152-12 for $4,455.75 for construction administration services and $22.06 for reimbursable expenses which includes postage and printing (See Attachment I). This brings the total amount due to Schulke, Bittle & Stoddard, LLC to $91,494.56 which is $22.06 more than approved. The additional $22.06 was for printing and mailing costs which were allowable costs under Work Order Number 5, but not specifically budgeted for. The consultant has been paid a total of$87,016.75 to date, leaving $4,455.75 to fulfill the contract amount plus $22.06 for expenses for a total amount of$4,477.81.
Change Order No. I was prepared for $22.06 to cover these additional expenses (See Attachment 2). Approval of Change Order No. I will bring the total amount of. engineering, construction administration and surveying services for Schulke, Bittle & Stoddard, LLC to $91,494.56.
RECOMMENDATION
The staff of the Utilities Department recommends that the Board of County- Commissioners approve Change Order No. I to Work Order No. 5 from Schulke, Bittle & Stoddard, LLC for $22.06, approve the total amount of engineering services of $91,494.56 and approve Final Invoice number 07-152-12 for a total amount of$4,477.81 ($4,455.75 + $22.06), as presented;:
36
FUNDING
Funding for final payment to Schulke, Bittle and Stoddard, LLC is available in the Sate Road 60 Utility Conflicts account in the Utilities Fund.
ACCOUNT NUMBER ACCOUNT NAME
47123536-044699-08503 STATE ROAD 60 UTILITY
ATTACHMENTS
I. Final Invoice Number 07-152-12 2. Change Order No. 1
APPROVED FOR AGENDA:
FOR: (Y/11Md,.,J /0 / c20rJ J Date
CONFLICTS
Indian River Co.
Administration
Legal
Budget
AMOUNT
$4,477.81
Approved Date
F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Pennits\IRC - SR 60 Phase 1 & 2 - 66th Ave. to 82nd Ave. Utility Conflict Resolutions UCP#3026\A21 - AGENDA Memo to Baird Final Pay Schulke January 20, 2009.dbc
37
JOSEPH W. SCHULKE, P.E. JdDAH 8. BITTLE, P.E.
SCHULKE, BITTLE & STODDARD, L.L.C. WILLIAM P. STODDARD, Ph.D., P.E.
CIVIL & STRUCTURAL ENGINEERING• LAND PLANNING• ENVIRONMENTAL PERMITTING
December 3 I, 2008
Gordon Sparks, P.E.
JAN O 7 2009
UTILITIES
Indian River County Depaitment of Utility Services 180 I 2 7'" Street Vero Beach. FL 32960
Re: Invoice for Engineering Services
-w\i ,;; 1·, ,;; ~. '"' t-j ;,, ~·-~_,;;,,ij. -'~--?- ""'-'=--. ---,; l ' i . 1 ~
07-152-12 FINAL INVOICE
SR 60 Utility Conflicts-State Project Financial ID #228627-1-52-01
Description of Services: Total Due: $ 4,455.75 Task 1. Surveying:
A. Establish state plain ,;oordinates on water main fixtures located and painted by Indian River County Utility Department, along SR 60 from Sta.2424+00 to Sta.24 76+00. Deliver coordinates with description in ASCII Format. $1,900.00 (100% R&R Replacement Work-#47 J-23536-044699-0R503) !00% complete of$l,900.00-100% Billed
B. Location of driveways, culve1ts, and existing water mains, not surveyed by FOOT, on the south side of SR 60, between 75'" Cou,t and 79'" Avenue (approximately 6 locations). $5,000.00 (100% R&R Replacement Work-#471-23536-044699-08503) 100% complete of $5,000.00 - 100% Billed
C. Route survey - south side of SR 60, from 82"' Avenue east approximately 865 LF (south ofl.R.F.W.C.D. right-of-way). i::J,000.00 ( i0070 New Cunstrucliun PVurk-#..:72-169000~085()3) ·- 100%: B!!!1::d
Task 2. Engineering design, preparation ofConsfruction Plans & Specifications, preparation and submittal of permit Applications. Preparation of bid documents. Assistance during Bidding, bid evaluation, contract award. $51,867.50 ($41,867.50 is R&R Replacement Work-#47 J-23536-044699-08503!
($10.000.00 is New Construction Work-#472-/69000-08503) 100% complete of$5 I .867.50 - 100% Billed
CONTINUED ON NI:Xl P,\GL
In ian Rinr to.· Appra\'ttd Doto Director
Asst. Director
Engineer Attachment 1 :Z>kd~:ll;tJ~D6503
1717 IND/AN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 Te, 772 I 770-9622 FAX 772 / 770-9496 EMAIL [email protected] 38
Page 2 of2 07-152-12
Task 3.
(R&R Replacement Work-#47 J-23536-044699-08503) 100% complete of$4i,867.50- i00¾ Billed
($10,000.00 is New Construction Work-#472-169000-08503) l 00% complete of$ J 0,000.00 - I 00% Billed
Construction Administration (Pre-con, shop review, pay requests, change orders, minor plan modifications, Periodic Construction/Field Inspections, As-Built review, final documentation for close-out and final certifications.) $29,705.00 (100% R&R Replacement Work-#47 l-23536-044699-08503) JOO% complete of$29,705.00 $29,705.00 Less 85% previously billed $25,249.25
Total Engineering:
Total Due:
Thank you for your business!
$ 4.455.75
$ 4,455.75
$4,455.75
NOTE: Per your request, we have split the invoices between your 2 account numbers of R&R Replacement Work and new Construction Work.
Summary/Billed To-Date:
R&R Replacement Work: New Construction Work:
Total:
$78,472.50 $13,000.00 $91,472.50
39
JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E.
SCHULKE, BITTLE & STODDARD, L.L.C. WILLIAM P. STODDARD, Ph.D., P.E.
CIVIL & STRUCTURAL ENGINEER/NG• LAND PLANNING• ENVIRONMENTAL PERMITTING
December 31, 2008 07-152-12-REIMBURSABLE EXPENSES
Ciordon Sparks, P.E. Indian River County Department of Utility Services 180 I 27'h Street Vero Beach, FL 32960
Re: Invoice for Engineering Services SR 60 Utility Conflicts - State Project Financial ID #228627-1-52-0 I
Description of Services:
Reimbursable Expenses: Fed Ex: Copies: Mail:
Receipt on file 15 copies x $0.12/sheet Receipts on file
ank you for your business!
Indian River Co.' Appcovea
Director
Asst. Director
Total Expenses:
Total Due:
Dute
Engineer / -~~~;;<·· I- I • t17 bthf:r [Jr" ' 'V Ji J, .r..,.,
'
1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL [email protected]
$ i 5.88 $ 1.80 _$~_4.38
$ 22.06
$ 22.06
40
SECTION 00450 CHANGE ORDER FORM
DATE: January 19, 2009
CHANGE ORDER NO. --~0~1~--
CONSUL TANT: Schulke, Bittle, & Stoddard, LLC
OWNER: INDIAN RIVER COUNTY AGREEMENT DATE: January 8, 2008
PROJECT NAME: SR 60 from 66th Ave to 82"d Ave Conflict Resolution - Engineering Services
The following changes are hereby made: 1) Increase the Contract Amount to cover reimbursable expenses
Original CONTRACT PRICE
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER
Net Increase (Decrease) Resulting from this CHANGE ORDER
The current CONTRACT PRICE including this CHANGE ORDER
ORIGINAL CONTRACT TIME:~N=/A~------
Current CONTRACT TIME adjusted by previous CHANGE ORDER
Net Increase (Decrease) Resulting from this CHANGE ORDER
Current CONTRACT TIME Including this CHANGE ORDER
CHANGES ORDERED:
I. GENERAL
$91,472.50
$NIA
$ 22.06
$91,494.56
No. Days N/A
No. Days____b!/A_
No. Days N/A
No. Days____b!/A_
This change order is necessary to increase the Contract Price to cover reimbursable expenses allowable under Work Order No. 5 but not budgeted for
II. REQUIRED CHANGES
Increase budget for Work Order #5
Ill. JUSTIFICATION
To cover necessary reimbursable expenses
Funds for the project have been approved by the BCC from the Utilities Department R&R Fund Account No. 471- 23536-044699-08503 on 01/08/08
Attachment 2
Change Order Form 00450--1-
F:\Utilities\UTIUTY - ENGJNEERING\Projects - Utility Construction Permits\IRC - SR 60 Phase l & 2 - 66th Ave. to 82nd Ave. Utility Conflict Resolutions UCP#3026\A2I - 00450- Change Order No. I Attachment 2.doc 41
IV. WAIVER
This Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and/or time of performance caused directly and indirectly from the change.
This Change Order represents an equitable adjustment to the contract and CONSULTANT hereby waives all rights to file a claim on this Change Order after it is properly executed.
V. APPROVAL AND CHANGE AUTHORIZATION
Acknowl.edgements:
The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Order; and,
It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein.
Change Order Request By: Gordon Sparks
Change (s) Ordered By: Gordon Sparks
Department of Utility Services, Indian River County, Florida
Signature & Title
RECOMMENDED BY: Gordon Sparks ENVIRONN ENTAL ENGINEER
ACCEPTED BY:
DEPARTMENT OF UTILITY SERVICES Joe Schulke, Schulke, Bittle, & Stoddard, LLC Consultant Engineer: Gordon Sparks
,,kth,1jJi .Jr "'/~---,1----"'--""=-------'-'+'~'<-F-v--"'---
Title: Environmental Engineer Title: Managing Member
APPROVED BY:
BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Owner
* * END OF SECTION * *
00450--2-C:\Documents and Senings\user20\Local Seaings\Temporary !meme1 Files\OLK38\A2 - 00450- Change Order No I Anachmem 2 doc
Change Order Forni
42
CONSENT AGENDA
DATE:
TO:
THRU:
THRU:
INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES
Human Services Department
February 27, 2009
The Honorable Board of County Commissioners
Joseph A. Baird, County Administrator
Thomas Frame, General Service Director --,W cJ.~ FROM: Brad Bernauer, Human Services Director~~
iF
SUBJECT: Children's Services Advisory Committee's Recommendation ro·r Funding Report and Agency Contract.
BACKGROUND: Attached, please find copies of the Children's Services Advisory Committee's recommendations for funding for Fiscal Year 2008/09. The funding recommendations list each of the agencies and the amount recommended to be funded. These are the same amounts that were earlier approved by the Board of County Commissioners at the Final Budget Hearing held September 10, 2008.
The purpose of this request is to obtain the Board of County Commissioners' approval of the attached Children Services Advisory Committee Funding Contract to be executed by the agencies. A copy of a "sample contract" is attached and has been reviewed and approved by the County Attorney's office.
The Funding Report was approved by the Children's Services Advisory Committee at their June 16, 2008 meeting. The worksheet supplies the following information:
• Agency Name • Program Name • Recommended Funding for FY 2008-2009
RECOMMENDATION: Staff recommends that the Board accept the Funding Report for 2008-09 as submitted and authorize the Chairman to execute the individual contracts with the approved fund!.·as listed and approved.
Indian River Co Admin Legal Budget De artment Risk Man °er
43
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
.,I::=.
.,I::=.
CSAC 2008-09 NEW PROGRAMS= BOLD
A
Agency Name 211 Info Center Treasure Cs! Big Brothers & Big Sisters of IRC Big Brothers & Big Sisters of IRC Boys & Girls Club of IRC Boys & Girls Club of IRC Bovs & Girls Club of IRC Catholic Charities -Samaritan Child Care Resources of IRC Child Care Resources of IRC Dasie Bridgewater Hooe Center Early Learning Coalition Exchange Club Castle GYAC GYAC GYAC Healthy Start of IRC Healthy Start of IRC Hibiscus Children's Center Hibiscus Children's Center H.O.P.E. Mental Health Association Redland Christian Migrant Ass. St. Peters Human Services St. Peters Human Services St. Peters Human Services Substance Abuse Council Substance Abuse Council Substance Abuse Council United for Families United for Families TOTAL ALL
Children's Services Advisory Committee WORKSHEET
2008-09
B E
Program Name Recommended 2008-09 211 Treasure Coast $0 CSAC Jump Into Reading $0 COP Children of Promise (f/k/a Children of Prisoners) $10,000 Sebastian Branch $35,000 Vero Beach Branch (f/k/a South County Club) $30,000 Vero Beach Teen CenterNouth Volunteer Center $36,000 Samaritan Center $40,000 Children in Centers $190,000 Psychological Services $7,000 Daisv Hope Center Tutorial Program $63,000 Childcare Local Match for Working Poor $12,100 Safe Families $47,000 Youth Family Guidance Program $25,000 Future Achievers (f/k/a Frontline) $0 Summer Cultural Camp $0 Healthy Families $55,000 TLC $25,000 Crisis Nursery $0 Hibiscus Hope Program $9,600 H.O.P.E. Academv $0 Mental Health Walk-In Center $0 Childcare Infant/Toddler $30,000 Boys Training & Dev. Camp $0 Village of Excellence Training-Girls $0 Star Quest {After School Program) $0 Life Skills $90,000 Right Choice Program $90,000 Prevent $68,000 Caregiver Support (f/k/a Foster Parent Mentoring $20,000 Camp Foster Child $0 TOTAL ALL $882,700
RFP - 2008-048
F G
SAMPLE - DO NOT EXECUTE
Indian River County Grant Contract
This Grant Contract ("Contract") entered into effective this 1st day of October 2008 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County'') and (Recipient), of:
(Address)
For (Name of Program)
Background Recitals
A. The County has determined that it is in the public interest to promote healthy children in a healthy community.
B. The County adopted Ordinance 99-1 on January 19, 1999 ("Ordinance") and established the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed.
C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose.
D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County.
E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant'') for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein.
F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Background Recitals The background recitals are true and correct and form a material part of this Contract.
2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes").
3. Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2009-09 ("Grant Period"). The Grant Period commences on October 1, 2008 and ends on September 30, 2009.
- 1 -
45
SAMPLE - DO NOT EXECUTE
4. Grant Funds and Payment The approved Grant for the Grant Period is The County agrees to
reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate.
5. Additional Obligations of Recipient.
5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice.
5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations.
5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30.
5.4 Audit Requirements. If Recipient receives $25,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 120 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1.
5.4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from it's independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract.
5.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes.
5.5 Insurance Requirements. Recipient shall, no later than September 21, 2008, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: Vil by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance:
- 2 -
46
SAMPLE - DO NOT EXECUTE
(i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors;
(ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non-owned autos and other vehicles; and
(iii) Workers' Compensation and Employer's Liability (current Florida statutory limit)
5.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the lime limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract.
5.7 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract.
5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Contract.
6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest.
7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County.
8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference.
- 3 -
47
SAMPLE - DO NOT EXECUTE
IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written.
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
By:---------------
Attest: J.K. Barton, Clerk
By: ------c=----:--::-c--:------Deputy Clerk
Approved: ---:------:---:---::--,-,----Joseph A. Baird County Administrator
Approved as to form and legal sufficiency:
Marian E. Fell, Assistant County Attorney
RECIPIENT:
By:-------------
AGENCY NAME
- 4 -
48
SAMPLE - DO NOT EXECUTE
EXHIBIT A
[Copy of complete proposal/application]
- EXHIBIT A -
49
SAMPLE - DO NOT EXECUTE
EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19,
2002]
"D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only.
All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed.
If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests.
Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners.
All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely
basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point.
Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available.
Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below.
a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable.
b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources.
c. Any expenses not associated with the provision of the program for which the County has awarded funding.
d. Any expense not outlined in the agency's funding application.
The County reserves the right to decline reimbursement for any expense as deemed necessary."
- EXHIBIT B-
50
SAMPLE - DO NOT EXECUTE
EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT
1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below:
County:
Recipient:
Brad Bernauer Indian River County Human Services 1800 27'" Street Vero Beach, Florida 32960-3365
2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court.
3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terrns and conditions contained herein shall be effective unless contained in a written document signed by both parties.
4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable.
5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.
6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control.
7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County.
- EXHIBIT C -
51
CLERK OF CIRCUIT COURT
INTEROFFICE MEMORANDUM
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: FEBRUARY 26, 2009
SUBJECT: APPROVAL OF WARRANTS AND WIRES FEBRUARY 20, 2009 THRU FEBRUARY 26, 2009
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 February 20, 2009 to February 26, 2009. Attachment:
DB:MS
52
CHECKS WRITTEN
CHECKNBR CKDATE VENDOR AMOUNT 229222 2/26/2009 EVERGLADES FARM EQUIPMENT CO INC 225.44 229223 2/26/2009 ALL POWER SERVICES INC 274.08 229224 2/26/2009 CONTECH CONSTRUCTION PRODUCTS INC 8,877.14 229225 2/26/2009 PORT CONSOLIDATED INC 698.05 229226 2/26/2009 PARKS RENTAL & SALES INC 217.75 229227 2/26/2009 SPEEDWELL TARGETS 135.63 229228 2/26/2009 DEPENDABLE DODGE INC 105.79 229229 2/26/2009 GOODKNIGHT LAWN EQUIPMENT INC 434.18 229230 2/26/2009 INDIAN RIVER AUTO PARTS LLC 311.68 229231 2/26/2009 INDIAN RIVER AUTO PARTS LLC 673.75 229232 2/26/2009 COMMUNICATIONS INTERNATIONAL 18,635.03 229233 2/26/2009 TEN-8 FIRE EQUIPMENT INC 78,797.46 229234 2/26/2009 VERO CHEMICAL DISTRIBUTORS INC 104.70 229235 2/26/2009 TOSHIBA BUSINESS SOLUTIONS FLORIDA 959.91 229236 2/26/2009 MA TRX MEDICAL INC 1,474.50 229237 2/26/2009 NORTH SOUTH SUPPLY 242.26 229238 2/26/2009 VELDE FORD INC 431.84 229239 2/26/2009 SAFETY PRODUCTS INC 726.90 229240 2/26/2009 DATA FLOW SYSTEMS INC 710.00 229241 2/26/2009 SEWELL HARDWARE 149.40 229242 2/26/2009 HELENA CHEMICAL 4,827.50 229243 2/26/2009 DELTA SUPPLY CO 97.65 229244 2/26/2009 INDIAN RIVER BATTERY 329.20 229245 2/26/2009 TREASURE COAST REFUSE 45,755.64 229246 2/26/2009 ALPHA HARDWARE 96.31 229247 2/26/2009 DEMCOINC 119.14 229248 2/26/2009 BBC AUDIOBOOKS AMERICA 447.39 229249 2/26/2009 INGRAM LIBRARY SERVICES INV 16.70 229250 2/26/2009 THE GALE GROUP 26.22 229251 2/26/2009 DAVIDSON TITLES INC 2,612.49 229252 2/26/2009 DA YES SPORTING GOODS & TROPHIES 163.00 229253 2/26/2009 DAILY COURIER SERVICE INC 315.00 229254 2/26/2009 GAYLORD BROTHERS INC 436.03 229255 2/26/2009 APPLE INDUSTRIAL SUPPLY CO 120.23 229256 2/26/2009 HACH CO 764.95 229257 2/26/2009 HICKMANS BRAKE & ALIGNMENT 132.50 229258 2/26/2009 CLIFF BERRY INC 50.00 229259 2/26/2009 OMNIGRAPHICS INC 187.25 229260 2/26/2009 RELIABLE SEPTIC AND SERVICE 426.50 229261 2/26/2009 HD SUPPLY WATERWORKS, LTD 66,027.55 229262 2/26/2009 SCHULKE BITTLE & STODDARD LLC 2,319.41 229263 2/26/2009 EGPINC 546.00 229264 2/26/2009 ALL-RITE WATER CONDITIONING 525.80 229265 2/26/2009 ELPEXINC 201.76 229266 2/26/2009 SOLINETINC 410.30 229267 2/26/2009 BARTH CONSTRUCTION INC 294,190.69 229268 2/26/2009 ABCO GARAGE DOOR CO 519.00 229269 2/26/2009 CHILDCARE RESOURCES 1,050.00 229270 2/26/2009 ARMFIELD WAGNER APPRAISAL INC 7,450.00 229271 2/26/2009 HINTONS CARPET CLEANING 242.00 229272 2/26/2009 HILL MANUFACTURING CO INC 520.49 229273 2/26/2009 R&GSODFARMS 50.0(} - · 229274 2/26/2009 CARQUESTAUTOPARTS 3,852.00 229275 2/26/2009 LESCO INC 258.40 229276 2/26/2009 BAKER&TAYLORENTERTAINMENT 2,864.65 229277 2/26/2009 GROVE WELDERS INC 83.07 229278 2/26/2009 MIDWEST TAPE 2,615.72 229279 2/26/2009 NORTHERN SAFETY CO 162.27
1 53
CHECKNBR CKDATE VENDOR AMOUNT 229280 2/26/2009 RECORDED BOOKS 577.10 229281 2/26/2009 ARAMARK UNIFORM SERVICES 1,231.61 229282 2/26/2009 LOWES CO INC 451.98 229283 2/26/2009 HUDSON PUMP & EQUIPMENT 3,448.41 229284 2/26/2009 FIRSTLAB 669.90 229285 2/26/2009 BAKER DISTRIBUTING CO 193.50 229286 2/26/2009 CENGAGE LEARNING 29.49 229287 2/26/2009 MONTGOMERY TECHNOLOGY INC 1,023.60 229288 2/26/2009 PALM TRUCK CENTERS INC 792.61 229289 2/26/2009 NOR TRAX EQUIPMENT CO 1,600.80 229290 2/26/2009 DLT SOLUTIONS INC 2,261.10 229291 2/26/2009 SEBASTIAN OFFICE SUPPLY CO 66.94 229292 2/26/2009 HARBOR BRANCH ENVIRONMENTAL LAB INC 7,240.00 229293 2/26/2009 ALL FLORIDA GMAC REAL ESTATE 425.00 229294 2/26/2009 GREENE INVESTMENT PARTNERSHIP LTD 3,354.16 229295' .2/26/2009 RONALD JACKSON 1,650.00 229296 2/26/2009 LINDSEY GARDENS APARTMENTS 1,808.00 229297 2/26/2009 JUNIOR LIBRARY GUILD 100.00 229298 2/26/2009 PER-SE TECHNOLOGIES INC 23,872.61 229299 2/26/2009 PARKS AND SON INC 5,664.90 229300 2/26/2009 CLERK OF CIRCUIT COURT 90,559.92 229301 2/26/2009 INDIAN RIVER COUNTY HEALTH DEPT 61,241.74 229302 2/26/2009 INDIAN RIVER COUNTY 272,631.19 229303 2/26/2009 MEDICAL EXAMINERS OFFICE 28,426.41 229304 2/26/2009 VICTIM ASSISTANCE PROGRAM 4,976.87 229305 2/26/2009 ROGER J NICOSIA DO 1,500.00 229306 2/26/2009 CITY OF VERO BE~CH 61,375.90 229307 2/26/2009 CITY OF VERO BEACH 1,692.15 229308 2/26/2009 CITY OF VERO BEACH 1,895.35 229309 2/26/2009 CITY OF VERO BEACH 10,962.50 229310 2/26/2009 HAPPY SOFTWARE INC 2,321.00 229311 2/26/2009 CAMP DRESSER & MCKEE INC 24,265.11 229312 2/26/2009 AERC.COMINC 4,135.20 229313 2/26/2009 INDIAN RIVER ALL FAB 805.00 229314 2/26/2009 AT&T 768.51 229315 2/26/2009 AT&T 2,426.60 229316 2/26/2009 AT&T 13,815,66 229317 2/26/2009 AT&T 193.35 229318 2/26/2009 AT&T 609.49 229319 2/26/2009 UNITED PARCEL SERVICE 40.29 229320 2/26/2009 SOUTHEAST STAFFING INC 6,779.20 229321 2/26/2009 PETTY CASH 40.00 229322 2/26/2009 INDIAN RIVER COUNTY SHERIFF 280.00 229323 2/26/2009 UNITED STATES POSTAL SERVICE 20,000.00 229324 2/26/2009 UNITED STATES POSTAL SERVICE 440.00 229325 2/26/2009 WILBERT SHEPHARD 40.00 229326 2/26/2009 JANITORIAL DEPOT OF AMERICA 329.68 229327 2/26/2009 PUBLIX PHARMACY 72.90 229328 2/26/2009 IBM 487.00 229329 2/26/2009 INDIAN RIVER COUNTY UTILITIES 11,990.65 229330 2/26/2009 INDIAN RIVER COUNTY UTILITIES 13,008.87 229331 2/26/2009 TOTAL TRUCK PARTS 62.50 229332 .. 2/26/2009 FOOTJOY 165.19 229333 2/26/2009 INTERNATIONAL GOLF MAINTENANCE 96,170.92 229334 2/26/2009 GEOSYNTEC CONSULTANTS INC 3,472.59 229335 2/26/2009 OFFICE DEPOT BSD CUSTOMER SVC 1,099.08 229336 2/26/2009 KILPATRICK TURF EQUIPMENT INC 476.33 229337 2/26/2009 MANPOWER 820.05 229338 2/26/2009 MILNER DOCUMENT PRODUCTS INC 38.60 229339 2/26/2009 SCRIPPS TREASURE COAST PUBLISHING 937.60
2 54
CHECKNBR CK DATE VENDOR AMOUNT 229340 2/26/2009 SCRIPPS TREASURE COAST PUBLISHING 562.38 229341 2/26/2009 SCRIPPS TREASURE COAST PUBLISHING 2,177.55 229342 2/26/2009 TRAFFIC PARTS INC 3,199.50 229343 2/26/2009 CROWN TECHNOLOGY II LLC 16,382.00 229344 2/26/2009 CORPORATION OF THE PRESIDENT 60.50 229345 2/26/2009 CYNTHIA DEAN 31.15 229346 2/26/2009 FLORIDA POWER AND LIGHT 42,993.86 229347 2/26/2009 FLORIDA POWER AND LIGHT 2,184.26 229348 2/26/2009 TITLEIST 2,739.05 229349 2/26/2009 ROBERT M KEATING 10.00 229350 2/26/2009 COLLEEN PETERSON 71.52 229351 2/26/2009 GIFFORD YOUTH ACTMTY CENTER 5,192.59 229352 2/26/2009 STATE ATTORNEY 7,134.43 229353 2/26/2009 ELITE TITLE 1,137.54 229354 2/26/2009 GLOBAL GOLF SALES INC 114.99 229355 2/26/2009 WASTE MANAGEMENT INC 179,020.41 229356 2/26/2009 SUNSHINE STATE ONE CALL OF FL INC 1,066.60 229357 2/26/2009 JOSEPH A BAIRD 404.63 229358 2/26/2009 AGENCY FOR HEALTH CARE ADMIN 58,907.87 229359 2/26/2009 TROY FAIN INSURANCE INC 150.90 229360 2/26/2009 SIMES CONSTRUCTION CO INC 11,015.75 229361 2/26/2009 JOHN F BAER JR 600.00 229362 2/26/2009 BE SAFE SECURITY ALARMS INC 2,398.20 229363 2/26/2009 GERALD A YOUNG SR 80.00 229364 2/26/2009 SALEM PRESS 2,068.05 229365 2/26/2009 GREY HOUSE PUBLISHING 448.95 229366 2/26/2009 VENETIAN APARTMENTS OF VERO BEACH 561.00 229367 2/26/2009 HENRY SMITH 180.00 229368 2/26/2009 GENE MILES 157.00 229369 2/26/2009 FIRST AMENDMENT FOUNDATION 42.90 229370 2/26/2009 GK ENVIRONMENTAL INC 10,175.00 229371 2/26/2009 THE FLORIDA BAR 150.00 229372 2/26/2009 EDWARD PRIME 103.05 229373 2/26/2009 ADVANCED XEROGRAPHICS IMAGING SYS 1,314.31 229374 2/26/2009 LINDSEY GEIB 90.00 229375 2/26/2009 TIM GEIB 36;00 229376 2/26/2009 ISLAND TITLE AGENCY 37,693.36 229377 2/26/2009 ISLAND TITLE AGENCY 37,693.36 229378 2/26/2009 DONADIO AND ASSOCIATES ARCHITECTS 848.25 229379 2/26/2009 PINNACLE GROVE LTD 455.00 229380 2/26/2009 STRYKER MEDICAL 96,421.60 229381 2/26/2009 DAVID J SPARKS 380.00 229382 2/26/2009 SCHOOL DISTRICT OF I R COUNTY 1,683.49 229383 2/26/2009 KIMBALL MIDWEST 703.18 229384 2/26/2009 GATOR'S SOD 280.00 229385 2/26/2009 ECONOLITE CONTROL PRODUCTS INC 346.00 229386 2/26/2009 RECHTIEN INTERNATIONAL 1,099.22 229387 2/26/2009 CONSOLIDATED RESOURCE RECOVERY INC 55,604.13 229388 2/26/2009 PROCTOR CONSTRUCTION CO, INC 325.82 229389 2/26/2009 REGATTA CONSTRUCTION LLC 13.77 229390 2/26/2009 DEPARTMENT OF BUSINESS REGULATION 1,870.00 229391 2/26/2009 SABONJOHN, JAMES 38.99 229392 2/26/2009 MRMULCH 1,380.35 229393 2/26/2009 FLAGLER CONSTRUCTION EQUIPMENT LLC 2,349.96 229394 2/26/2009 INDIAN RIVER CO BOCC 281.19 229395 2/26/2009 BRANTMEYER, PAULL & MARYE 8.79 229396 2/26/2009 CINTAS FIRE PROTECTION 795.00 229397 2/26/2009 CINDY CORRENTE 31.15 229398 2/26/2009 UNITED RENTAL 58.56 229399 2/26/2009 CONTROL SYSTEMS DESIGN INC 1,800.00
3 55
CHECKNBR CKDATE VENDOR AMOUNT 229400 2/26/2009 VAN WAL INC 24.00 229401 2/26/2009 JESSE VIOLANTE TRUCKING INC 1,793.92 229402 2/26/2009 THE GRILL PLACE 202.50 229403 2/26/2009 GARY C WHEELER 51.57 229404 2/26/2009 RANDOM HOUSE INC 201.20 229405 2/26/2009 ATLANTIC TRUCK CENTER 364.45 229406 2/26/2009 SOUTHERN JANITOR SUPPLY INC 715.20 229407 2/26/2009 UNITED FOR FAMILIES 1,528.42 229408 2/26/2009 SUSAN HARTMANN/AGENT 577.00 229409 2/26/2009 CAPITAL OFFICE PRODUCTS 383.27 229410 2/26/2009 DICKERSON FLORIDA INC 1,064.95 229411 2/26/2009 WHISPERING PALMS MHC LLC 266.00 229412 2/26/2009 GRAHAM CLAYBURN 100.00 229413 2/26/2009 PATRICIA GUY 73.76 229414 2/26/2009 BEACHLAND CLEANING SERVICE 970.00 229415 2/26/2009 HARCROS CHEMICALS, INC. 1,399.19 229416 2/26/2009 GLOVER OIL COMPANY INC 13,785.42 229417 2/26/2009 AMERICAN LIBRARY SALES 655.45 229418 2/26/2009 HARP & HARMONY 100.00 229419 2/26/2009 STEVE FAISON 144.00 229420 2/26/2009 PASSAGE ISLAND HOMES INC 127.21 229421 2/26/2009 DEP STORAGE TANK REGISTRATION 75.00 229422 2/26/2009 JOE RIVERA 90.00 229423 2/26/2009 SHOEBOX SCANNING 1,362.00 229424 2/26/2009 DANE PFARR 198.00 229425 2/26/2009 UNITED MEDICAL INDUSTRIES CORP 203.00 229426 2/26/2009 BERNARD HIGGINS 16.02 229427 2/26/2009 COLLEGE POINT LLC 521.00 229428 2/26/2009 VEROMA MANAGEMENT 17,880.00 229429 2/26/2009 METRO FIRE SPRINKLERS SERVICE INC 1,052.25 229430 2/26/2009 1ST FIRE & SECURITY INC 200.00 229431 2/26/2009 KENNY CAMPBELL JR 91.50 229432 2/26/2009 KRYSTA BARRETT MUNIZ 143.00 229433 2/26/2009 YELLOW BOOK 186.00 229434 2/26/2009 CHRIS COFFEY 190.00 229435 2/26/2009 JOHNNY B SMITH 470.00 229436 2/26/2009 MARK HEBERLING 54.00 229437 2/26/2009 MUNICIPAL WATER WORKS 28,956.60 229438 2/26/2009 JULIA MITTS 31.15 229439 2/26/2009 EARLY LEARNING COALITION 1,305.65 229440 2/26/2009 TERRY TANKERSLY 72.00 229441 2/26/2009 SENIOR RESOURCE ASSOCIATION 123,500.00 229442 2/26/2009 CHARLES A WALKER 180.00 229443 2/26/2009 JESSE MILLIMAN 280.00 229444 2/26/2009 MASTER TAILOR OF VERO 113.00 229445 2/26/2009 MARTHA CLEARY 1,179.00 229446 2/26/2009 GARDNER DENVER C/O TSC-JACOBS 10,000.00 229447 2/26/2009 GARYMONROE 450.00 229448 2/26/2009 ROB MOORE 160.00 229449 2/26/2009 CEMEX 665.52 229450 2/26/2009 CENTEX HOMES 55.23 229451 2/26/2009 CARLO MARANDOLA 328.00 229452 2/26/2009 JACOBS, GLORIA 71.24 229453 2/26/2009 BERRY, RICHARD E 75.00 229454 2/26/2009 NORRIS & COMPANY REAL ESTATE 9.59 229455 2/26/2009 TALL BRIDGE ASSET BACKED FUND LP 73.58 229456 2/26/2009 FEY, JAMES & DIANE 17.45 229457 2/26/2009 JOHN R & EMILIA JACOBS 9.90 229458 2/26/2009 CORTEZ, TAMMY 10.00 229459 2/26/2009 WHITAKER, KEITH 39.96
4 56
CHECKNBR 229460 229461 229462 229463 229464 229465 229466 229467 229468 229469 229470 229471 229472 229473 229474 229475 229476 229477 229478 229479 229480 229481 229482 229483 229484 229485 229486 229487 229488 229489 229490 229491 229492 229493 229494 229495 229496 229497 229498 229499 229500 229501 229502 229503 229504 229505 229506 229507 229508 229509 229510 229511 229512
Grand Total:
CKDATE 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009 2/26/2009
VENDOR ADVANCE AMERICA# 4100 CARRIER, JOHN K CHRISTODOULIDES, PARIS WANZER, CHRISTOPHER WEIGHT WATCHERS INC VIRGINIA PINES H & J CONTRACTING INC SANDPIPER APARTMENTS TREASURE COAST FOOD BANK BUSCH SYSTEMS INTERNATIONAL INC PEARSON ELECTRICAL CONTRACTORS LLC K'S COMMERCIAL CLEANING L&L DISTRIBUTORS KARRISSA MORGAN PAULA WHIDDON MICHELLE TALBOT ENVIRONMENT AL CONSERVATION LABO RA TORIES NICOLACE MARKETING INC NICOLACE MARKETING INC BRIAN CAMPBELL CATHY KELLY NATIONAL CITY BANK EDDIE COBB LEWIS SNEEDE CHANDLERB LUKE GREENSPOON MARDER PA BELL, WILLIAM R PICKERILL, ELBERT C HENSCHEL, BEN RODRIGUEZ, IV AN MC CORD, BRENDA & SAMUEL WILLIAMS, YOLANDA L YOUNG, SAMANTHA OSORIO, ROSALBA WALTZ, SHERRIE L HASSELMANN, DOROTHY & STEVE COUNTRYWIDE HOME LOANS RAMRAJ, BIBI & DA VE MAC FARLAND, MARGIE & JEFFREY DOTSON, RUSSELL W MC GOWAN, LINDA S MAHONEY, PATRICK W BAKER, DANIEL WYSZYNSKI,LYNN SCHAEFER, ADAM DEAN, TIM & SUE PRESTON, JOHN & LINDA HARBULA, NICHOLAS PAUL A & JUDITH REBEL ISLAM OR LISA ABBAS SHAWNMORIN JEANNE BRYANT LIBERTY TITLE INC
AMOUNT 75.13
131.17 31.74
6.79 1,890.00
531.00 469,535.71
293.00 440.88
2,410.10 1,528.00
800.00 70.42 78.00
486.00 300.00
12,999.00 1,300.00
800.00 26.00 32.50
8.23 300.00 300.00
31.48 15,000.00
82.49 91.79 15.41 40.41 61.97
3.22 30.35 55.44 19.69 22.07
174.50 40.41 73.58 10.97 14.28 26.57 41.22 68.22 51.12 33.41 33.90 11.73 12.54
200.00 35.00 90.00
20,000.00 2,693,524.11
5 57
l , ·•
CHECKNBR 661 662 663 664 665 666 667
Grand Total:
CKDATE 2/20/2009 2/20/2009 2/20/2009 2/20/2009 2/20/2009 2/24/2009 2/25/2009
WIRES SENT
VENDOR ICMA RET CORP NA CO/SOUTHEAST ICMA RETIREMENT CORPORATION FLSDU IRS-PAYROLL TAXES BEACHLAND CLEANING SERVICE IRS-PAYROLL TAXES
AMOUNT 1,350.00
26,631.41 38,132.34
9,647.90 440,801.40
45,404.53 72.04
562,039.62
1 58
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
/Ot3L
Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(9)(1!); as a general rule, public discussion items should be limited to matters on which the commission may take action
Indian Rive.r County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission
NAMEOFINDIVIDUALORORGANIZATIONTu? r ST:\!½ u_ Q_ ~,\-l) 6½-,) 3<-t er 10 4 W ; Ll IV l ~ g ~~ fri..e cL,W cl I A.J t 'c.,? t :2/J <:._
ADDRESS: \....._I\ ~ W-~~1" f { n SQ PHONE: <1 ') ?..... ~ 3 3 - £--r ~ .> 3 u:J=e I 0~ C/Trt Si, "'-.1At_1 ~ l FL '3> '-f <q, %
SUBJECT MATTER FOR DISCUSSION:
1¼19:fo~\ ~ ~ W-'A I tl 0.M?--L. S 12.flu I u:w... ~c. cf-
IS A PRESENTATION PLANNED? ¢_ Yes • No
IS BACK,UP BEING PROVIDED? • Yes ~No
IS THIS AN APPEAL OF A DECISION? • Yes {&_ No
WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? __________ _
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D Yes I ~ No
WHAT FUNDS ORACTMTIES ARE REQUIRED TO MEET THIS REQUEST? _________ _
T13DSmitted to Administrntor Via: Internctive Web Form E-Mail Fax Mail
I Hand Delivered Phoue
59
Office of the
INDIAN RIVER COUNTY ADMINISTRATOR
Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Members of the Board of County Commissioners
Joseph A. Baird County Administrator
March 4, 2009
Appointments to Citizen's Advisory Task Force
II A
At the Board of County Commission Meeting of March 3, 2009, the Board made the decision to create a Citizen's Advisory Task Force for the Community Development Block Grant Neighborhood Stabilization Program. The Task Force would be made up of five members, with each commissioner appointing a member. Due to time constraints, all commissioners had not named their appointment for inclusion in an informational item for the March 10th Commission Agenda.
At this time, it is requested that the commissioners name their appointment to this Citizen's Advisory Task Force.
60
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird County Administrator
FROM:
DATE:
DIVISION HEAD CONCURRENCE:
Robert M. Keating, AIC Community Development Directo
Sasan Rohani, AICP 5; ·/(. Chief, Long-Range Planning
March 4, 2009
Departmental Matters
SUBJECT: ESTABLISHMENT OF A CENSUS 2010 COMPLETE COUNT COMMITTEE
It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2009.
DESCRIPTION AND CONDITIONS
As mandated by the U.S. Constitution, the United States Census Bureau is required to take a census every ten years. Since the last census was conducted in 2000, the next census must be undertaken in 2010. Besides enumerating all people in the country, the census count will determine the amount of federal and state funds that local governments may receive over the next ten years and will affect future redistricting and representation at the state and federal government levels. For those reasons, it is important for each local government to ensure that every resident of its community is counted.
To encourage all residents to participate in the Census 2010 count by returning their completed questionnaire, the Bureau of the Census recommends that each local government establish a Complete Count Committee.
• Complete Count Committee
A Complete Count Committee is a major vehicle for planning and implementing local, targeted
I
61
census related efforts that will uniquely address the special characteristics of a community.
Overall, the role of a Complete Count Committee is to plan and implement a locally-based promotion to publicize the importance of Census 2010. The ultimate goal of the committee is to achieve widespread participation in the census for the betterment of the county and its residents. The committee can also provide community benefits beyond the census. According to the Census Bureau, a local Complete Count Committee should:
• Actively involve leaders from a cross-section of the community, including those segments of the population which are most difficult to enumerate, in order to stimulate response to the census.
• Make govermnent employees aware of the census through an internal promotion campaign. • Localize and augment the various national outreach and publicity projects, activities and
events conducted by the Census Bureau. • Coordinate local promotional activities with the timing of various Census Bureau field
operations and keep local promotion and participation alive through all phases of the census.
Established by the local elected body, a Complete Count Committee should be comprised of key influential community leaders, including representatives from govermnent, education, media, faithbased organizations, community-based organizations, and businesses. A Complete Count Committee should reflect the importance of cooperative efforts between state and local governments, and the Census Bureau.
• 2000 Census Complete Count Committee
•
Prior to the 2000 Census, the Board of County Commissioners established an Indian River County Complete Count Committee. Chaired by Commissioner Caroline Ginn, that committee promoted the 2000 census by ordering promotional materials and distributing those materials through churches, social and community organizations, libraries, the Gifford Youth Activities Center, the Department of Public Health, clinics, soup kitchens, homeless shelters, festivals, and other venues; by sending information to utilities customers; by putting bumper stickers on county vehicles; and by organizing and attending census promotional meetings and rallies. The 2000 Census Count Committee's total budget was $3,200.00. Of that $3,200.00, $1,000 came from census bureau, while $2,200 came from the county.
Role of a Local Complete Count Committee
The goals of a Complete Count Committee are to:
• Make everyone in the community aware of Census 2010. • Motivate the community to participate in the census by filling out the census form
and returning it immediately.
The objectives of a Complete Count Committee are to:
2
62
• Develop a local targeted plan of action to support Census 20 IO operations, recruiting, and promotion.
• Use highly visible and well-respected local figures to increase community support for and response to the census.
• Promote the census to community residents through government departments, particularly those agencies with extensive public contacts.
• Implement activities that will improve census participation by all residents, especially undercounted segments of the population.
• Emphasize the Census Bureau's commitment to confidentiality to further increase participation in the census.
• Augment media programs, publicity, and promotions conducted by the Census Bureau.
• Provide local knowledge and intelligence that will assist the Census Bureau's operational activities and programs.
• Support the Census Bureau's programs and activities that promote and improve the census.
• Support the Census Bureau's recruitment of employees needed to conduct the census.
• Sample Activities of Local Complete Count Committees
January- December 2009
Develop a list of barriers or concerns that might impede the progress of the 2010 Census in the local area, such as recent immigrants, non-English speaking groups, high crime areas, and communities with gated residents. Explore ways/activities to address or overcome those barriers. Create ways to dispel myths and alleviate fears about the privacy and confidentiality of census data. Place census messages in water bills, property tax bills, and other correspondence generated by the jurisdiction. Develop and implement activities to involve local government employees in 2010 Census awareness campaign. Encourage corporations to become official sponsors of census activities. Have census banners, posters, and other signage placed in highly visible public locations. Include the 20 IO Census logo and message on bus schedules, brochures, newsletters, and the local jurisdiction Web site. Sponsor a census booth at county fairs, carnivals, and festivals ( especially cultural or ethnic celebrations). _ Sponsor a contest to design a sticker or poster promoting the 2010 Census. Have census information available during voter registration drives.
3
63
January - March 2010
Add a census message to all meetings, events, and correspondence. Provide information on federally funded programs that have benefited the community. Plan a major promotional event around the mail-out of census questionnaires. Saturate public access areas with easy-to-read and understandable census information customized for the community. Ask elected officials to encourage residents to complete and return questionnaires immediately. Place a census message on all municipal marquees urging residents to complete and return their questionnaires.
April 2010
Place public service announcements in local media encouraging residents to cooperate with Census workers.
• Appointing a Chairperson and Committee Members
According to the census bureau, the chairperson and members of a Complete Count Committee should be well-respected and influential leaders and "gatekeepers" from all segments of the community. For example, members should represent business; labor; local govermnent; homeless, religious and educational organizations; neighborhood associations; and ethnic and minority organizations. All of the people appointed to the committee should be willing to invest time, resources, and energy in this project.
• Period of Service
The Complete Count Committee should be active through June 2010, with the peak impact of the committee targeted toward April 1, 2010.
ANALYSIS
It is important for the county to ensure that everyone is counted as part of Census 2010, so the county can receive its fair share of federal and state funding. Nationally, the Census Bureau has scheduled many activities, such as advertisements on TV, radio, and in newspapers, as well as awareness programs at schools and other venues to publicize the importance of the census and to encourage participation. A local committee will enhance the Bureau of the Census' promotional and awareness activities.
Whilio the activities of this committee will not require any local funding, the Board could, however, provide funds for local advertisements on TV, radio, or newspapers. In fact, some local governments choose to spend money promoting participation in the census count, viewing this money as an investment with the benefit of receiving additional state and federal funds. The principal purpose of
4
64
the committee, however, is to coordinate with grass roots organizations such as local churches, local businesses, and other similar local organizations in order to encourage local residents to participate in the census 2010 count.
These activities will not result in the county incurring any out-of-pocket costs. Instead, the Census Bureau will provide promotional materials to the County at no costs while the County will provide staff support to the committee.
RECOMMENDATION
Staff recommends that the Board of County Commissioners establish a Complete Count Committee with the following characteristics:
• The local committee should be called the "Indian River County Census 2010 Community Action Committee".
• The committee shall be active until June 2010. • The committee shall have fifteen members, and members should consist of:
One representative from the Board of County Commissioners Five leaders from areas of the county with a high percentage of minorities
*two representatives from the Gifford area *one representative from the Oslo area *one representative from the Wabasso area *one representative from the Fellsmere area
One representative from the School Board One representative from the City of Vero Beach appointed by the city council One representative from the City of Sebastian appointed by the city council One representative for City of Fellsmere appointed by the city council One representative for Town of Indian River Shores appointed by the town council One representative from Town of Orchid appointed by the town council One representative from a local business One representative from a local faith-based organization One representative from the local media
Approved Agenda Item: Indian River Cu.
Admin.
Legal
Budget
Dept.
Risk Mgr.
F:\Community Development\Users\VICKIE\SASAN\census2010completecountcommittee.doc 5
65
#
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Indian River County Census 2010 Community Action Committee
(March 17, 2009-June 30, 2010)
Representative of Name, Address, Phone Number
Board of County Commissioners
City of Vero Beach
City of Sebastian
City of Fellsmere
Town or Indian River Shores
Town of Orchid
Press Journal
School Board .
Gifford Area . ·.
·.·
Gifford Area
Olso Area
Wabasso Area
Fellsmere Area (Hispanic population)
Local Businesses
Local Faith-Based Organization
F: \Community Development\U sers\VICKIE\SASAN\20 I Ocensusactioncommitteemem bersh ip.doc
66
TO:
THRU:
FROM:
DATE:
SUBJECT:
Indian River County, Florida Memorandum
Joseph A Baird, County Administrator
Jason Brown, Director, 0MB
Beth Martin, Risk Manager~
March 2, 2009
Request for Agenda; Property/Casualty Insurance 2009-10
Please consider the following for inclusion on the March 10, 2009 Board of County Commissioners' agenda.
In an ongoing effort to reduce costs and max1m1ze coverage, Request for Proposals (RFP) 2009031 for excess property, casualty and workers' compensation insurance was advertised on January 12, 2009 for the renewal date of April I. As a result, the staff-recommended Arthur J. Gallagher Risk Management Services program, Option 2, presents a 3 7% or $1,131,714 savings over current year costs. A staff selection review committee of Jason Brown, 0MB Director, James Sexton, HR Director, and I reviewed responses from: BB&T Insurance Services/McGriff, Seibels & Williams, Inc., St. Petersburg; Florida League of Cities, Orlando; LB Bryan & Company, Ponte Vedra Beach; and Arthur J. Gallagher Risk Management Services, Orlando. Complete copies of all proposals, opened February 20, are available in the Commission office.
Only one proposer, Arthur J. Gallagher Risk Management Services (AJG), submitted a proposal for all lines of coverage requested by the County. The selection committee evaluated the overall strength of each of the proposers as well as each line of coverage on a stand-alone basis. For example, each proposal for worker's compensation was evaluated independently. Then each proposal for general liability was evaluated to determine if there would be benefits to awarding some lines to one proposer and some lines to another proposer in order to arrive at a better level of coverage or lower price. After this evaluation, it was determined that Arthur J. Gallagher was the leading proposer. Further, it was determined that there was not a benefit to be gained by awarding any of the individual lines to one of the other proposers. The table below shows the selection committee's rankings from this process:
Proposer Rankings Jason Brown Beth Martin James Sexton
Arthur J. Gallagher Risk Mgt. Svcs. I 1 I
BB&T Insurance Services 3 4 4
Florida League of Cities 2 3 3
LB Bryan & Company 4 2 2
67
The top ranked proposer provided two basic alternatives and some optional items in their proposal. Program I provides coverage very similar to the current program that expires on March 31, 2009. The proposed cost of this program is $2,247,005 including taxes and surcharges, which represents a savings of 852,154 or 27.5% from the current cost ($3,099,159). Additionally, AJG has provided an alternative Program 2 at a cost of $1,967,445. This would be a reduction of $1,131,714 or 36.5% from the current year, and is $279,560 less than Program I. Staff is recommending approval of Program 2. This program provides additional savings to the County and the differences in coverage are relatively minor. These differences are detailed in the chart and accompanying text below.
The following chart compares coverages contained in the current program with the proposed FY 2009/10 program.
Chart I - Comparison of Coverage and Limits (Current vs. Proposed)
Coverages & Limit 4/1/08 - 3/31/09 4/1/09 - 3/31/10 Comoarison Property $175M XS $1M on non- $150M XS $250,000
hurricane. SIR(') on non-hurricane. $50 million less $75M Hurricane Limit $25M Hurricane Limit hurricane coverage(!) with 5% deductible. with 5% deductible.
Auto Physical Damage Premium & Limits Premium & limits Included In Package & Included in Excess
Similar coverage Excess Property Property Program -Premium - $250K SIR $250K SIR
Auto Liability, General AL/GL/E&O/POL- Coverage for Liability, E&O, Limits are $750K XS $2M occurrence / $4M AL/GL/E&O/POL Employment Practices $250K SIR. aggregate increases from $ 1 M to
XS $250K SIRC3l $4M Worker's Statutory and
Included in the Star Compensation Employers Liability: Package Program with SIR is $SOK higher -$1M/$1M/$1M.
Attached at $500,000 - Statutory Limits excess Coverage is same
$300K SIR of $350,000 SIR.
Crime Public Employee Public Employee Dishonesty: $1M. Dishonesty: $1 M. Forgery: $100K. Money Forgery: $100K. Money
Similar coverage & Security Premises & & Security Premises & Messenger $SOK each. Messenger $SOK each. Computer Fraud: $250K Comnuter Fraud: $250K
Boiler & Machinery $1 00M in limits. $1 00M in limits. Similar coverage Terrorism Property: $1 OM. Property: $1 OM.
Liability: $3M Liability: $3M Similar coverage occurrence and $6M occurrence and $6M
aggregate. aggregate.
(1) Please note, AJG has proposed an option for an additional $25 million in hurricane coverage at an annual cost of $437,500. There is also an option of acquiring an additional $50 million in hurricane coverage for $737,500. (2) Self-insured retention.
68
(3) Please note this program is not as broad as the current package policy quoted by Lloyds of London. Therefore, separate coverage needs to be placed for the following:
Watercraft Protection & Indemnity: Premium: $10,240. Limit: $1,000,000 P&I-crew coverage excluded. Deductible: $2500 Bodily Injury. $10,000 Property Damage. Hull Deductible: $10,000 per occurrence.
Medical Professional Liability: Premium: $40,000. Limits: $IM each professional incident/$3,000,000 aggregate. Sublimit Sexual Abuse: $100,000 Each Professional Incident I $300,000 General Aggregate. Deductible: $20,000 each claim including expense.
Tail Coverage for Claims Made Professional Liability coverage currently provided in Princeton Excess & Surplus Lines Insurance Company. This coverage is reporting of liability claims that occurred prior to 4/1/09: Premium: $83,564.
The 2008-09 program featured an underlying insurance layer through Munich Re, known as the Gallagher Package, that provided coverage across most lines. In the recommended 2009-10 program, this layer has been replaced with individual insurance carriers for specific lines of coverage.
Please see the chart below for a comparison of the premiums for the current insurance and the proposed program.
Chart 2 - Comparison of Premium (Current vs. Proposed)
Current Program Proposed Premiums 4/1/08 - 3/31/09 4/1/09-3/31/10 Increase (Decrease) Property $1,969,500 $1,446,408 ($523,092) Auto Physical Damage Included above Included above $0 Auto Liability, General Liability,
$762,994 $446,185 ($316,809) E&O, Emolovment Practices Worker's Compensation $292,644 Included above ($292,644) Crime $14,798 $15,463 $665 Boiler & Machinery $10,339 $10,339 $0 Terrorism $48,884 $49,050 $166
Grand Total $3,099,159 $1,967,445 ($1,131,714)
Optional Property Coverage: Although a quote was made to purchase an additional $25,000,000 windstorm policy at a premium of $437,500 plus surcharges and taxes, or an additional $50,000,000 for a premium of$737,500, staff relied upon the probable maximum loss of $18.4 million that resulted from the extensive 100-year windstorm modeling performed for this program. The insurance industry's computer-based modeling is used extensively for large entities such as the County to assist with determining a realistic amount of needed coverage. Staff concurs with the modeling and therefore recommends the lower limits for purchase.
As a point of reference, the County received $2,603,458 from our insurers for Hurricane Frances and $2,500,658 for Hurricane Jeanne. Our total coverage for the recommended program would provide for $24,750,000 in maximum reimbursements per storm.
69
• Florida League of Cities, a pool, did not propose property coverage. Because its pool operates on an October 1 renewal date, it proposed liability coverage through October 1 at $398,754, and through October 1, 2010 at $598,530. Following the 2004 hurricanes the Board changed the renewal date to April 1 to avoid attempts to renew coverage in the middle of hurricane season. Their workers' compensation program was similarly quoted at $294,342 and $442,005.
• LB Bryan, quoting Preferred Governmental Insurance Trust pool, did not offer liability coverage and workers' compensation. Its property insurance quote was $1,607,039.
• BB&T/MSW did not quote auto physical damage, workers' compensation, boiler and machinery, and property coverage. Its general liability quote contained a number of exclusions, including police professional liability, and was $94,447 for $1 million of coverage and $117,693 for $2 million of coverage.
Johns Eastern Company, Inc., the County's current third party claims administrator, submitted the only proposal for such services. Their proposal mirrors their current agreement with the exception of increasing travel costs, when necessary, to 55 cents per mile. The County has paid mileage only on one previous claim. Their complete submittal is found in the Gallagher submission.
Staff recommends the Board approve the property/casualty insurance program as proposed by Gallagher, Option 2, and authorize staff to bind coverage for the April 1 inception date. Funding for this expenditure provided by the Self Insurance Fund (Fund 502). This is an internal service fund that allocates the cost of such services to the various operating funds of the County.
Attachments:
Individual Ranking Sheets Insurance Coverage Summaries from Arthur J. Gallagher for 2009/10 Insurance Coverage Summary from Arthur J. Gallagher for current program
Approved for Agenda
Indian River Approved Date
70
Proposer Ratings
Broker/Insurer
BB&T/MSW*
Arthur J. Gallagher
Florida League of Cities
LB Bryan & Company
Ranking
Broker/Insurer
BB&T/MSW*
Arthur J. Gallagher
Florida League of Cities
LB Bryan & Company
Reviewer
Property/Casualty RFP
February 2009
Quality of Service (30} Coverage (35} Cost (35)
_:),7 ~() c:J-0
!f CJ 35 :3..5
~5 '<D ~t)
~ I,, 30 ~ l>
Ranking
Lf
I
3
~
Date
Total Points (100}
(,,O
/ t!) ii
76
'1?,
71
Proposer Ratings
Broker/Insurer
BB&T/MSW*
Arthur J. Gallagher oo+ ~
Florida League of Cities
LB Bryan & Company
Ranking
Broker/Insurer
BB&T/MSW* 1e',rot~ e>.c,'-",10AS • 1 Cri,-n.~
6 !l~DMt-lA.. t
Arthur J. Gallagher /!If o,, ver"''I e
Florida Leaf\w~ of Cities p)C,,- t..,().6/t71 ... f-lt(to
Property/Casualty RFP
February 2009
Quality of Service {30} Coverage {35) Cost {35)
i).O ;;zn J..5 ~o c~5 35 J_S as 30
c),_5 1630 :;o
Ranking
Date
*BB&T Insurance Services/McGriff, Seibels & Williams, Inc.
Total Points {100)
{,f;"
/00 oO ?;E;
72
Proposer Ratings
Broker/Insurer
BB&T/MSW*
Arthur J. Gallagher
Florida League of Cities
LB Bryan & Company
Ranking
Broker/Insurer
BB&T/MSW*
Arthur J. Gallagher
Florida League of Cities
LB Bryan & Company
Reviewe
Property/Casualty RFP
February 2009
Quality of Service (30} Coverage (35) Cost (35}
z:;; Z?J 3/
zg 33 31-
27 :30 z.q 2'1 2.r_ 30
Ranking
:3
I 2 ,q
Date
*BB&T Insurance Services/McGriff, Seibels & Williams, Inc.
Total Points (100)
'il5
q3 ~6 -g,1
73
Response to RFP #2009031 Indian 'River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
II. Proposal: Insurance Coverage
Arthur J. Gallagher has worked diligently with over 20 insurance companies to provide Indian River County a comprehensive, cost-efficient insurance program for 2009-2010. Recognizing the budgetary constraints that the County is facing, AJG has offered two program structures that each significantly reduce the County's out of pocket costs for this policy term. Additional coverage options within each program exist which are displayed after the coverage sections.
As discussed in the Executive Summary, we feel that it is in the County's best interest to secure a stand-alone insurance program that is tailored to its unique risks and is not shared amongst numerous other public entities in the State. Both options below are individual, stand-alone insurance programs for Indian River County. Accordingly, each limit of coverage is 100% dedicated to the County in the event of a loss.·
A thorough review of each quoted insurance policy is included in Appendix A for the County's review. Each insurer's policy has been analyzed to show how it differs (if at all) from the County's requested insurance coverage terms.
AJG's insurance proposal is organized as follows:
• Program 1 - Gallagher's Package Program
• Program 2 - Star Insurance Co. Package Program
• Optional Quotes for each Program
Arthur J. Gallagher Risk Management Services, Inc. Page 17of41
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
Program 1: Gallagher's Package Program with Low, Flat Wind Property Deductible and 5% Hurricane Deductible for Excess Property Insurance
AUGUE&O/POL
Lloyds of London (Package)
Lloyds of London (Package)
$750,000 XS
$250,000
$750,000 XS
$250,000
Program 1 Overview:
•
•
•
• •
$750,000 of windstorm coverage excess of a $250,000 flat (not percentage) deductible. After $1,000,000 of hurricane damage, a 5% hurricane deductible applies with Lexington. In 2004, the County did claim on this flat deductible twice for a total of $1,000,000 of insurance reimbursement.
The 5% deductible applies for hurricanes only. Other non-hurricane events such as tomados and tropical storms are subject to a flat $250,000 deductible. Broad coverage terms provided through the Gallagher Package Program (See attached Appendix A and C for full coverage details) Workers Compensation SIR of $300,000
$25,000,000 Dedicated Loss Limit for Windstorm; $175,000,000 limit for All Other Perils (Optional Quotes Provided for $50 Million and $75 Million Windstorm Limits)
Arthur J. Gallagher Risk Management Services, Inc. Page 18 of41
Program 1 (cont.):
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
Answers to the County's Requested Insurance Coverage Questions: A. Effective Date: All coverage has an annual term of 4/1/2009-4/1/2010 to mirror the
expiring AJG program B. Named Insured: Program 1 utilizes Gallagher's Package Program which has very broad
definitions of who is an insured. This is the same broad language that the County has had in the past with Arthur J. Gallagher. Please see Appendix A for more specific details.
C. Forms and Endorsements: See Book 2: Specimen Policy Forms for all quoted insurance policies.
D. Financial Ratings: All carriers utilized in Program 1 are rated by A.M. Best with an A (Excellent) or A+ (Superior) Rating. Additionally each carrier has at least $1 Billion to $1.25 Billion of Policyholders' Surplus, Travelers, Lexington and Lloyds of London have A.M. Best's Highest Financial Size Rating with over $2 Billion of Policyholders' Surplus.
Proposed Carriers A.M. Best's Rating
Lloyds of London AXV Lexington Insnrance Co AXV Travelers Casualty Insnrance Company A+XV of America Travelers Property & Casualty Company of America Midwest Employers Landmark American Insnrance Company
Level Category
A++, A+ ................ Superior
A, A- ................... Excellent
B++,B+ ........... Very Good
A+XV
A+XIV AXII
Guide to Best Ratings Rating Levels and Categories
Level Category
B;B-.......................... Fair
C++, C+ ........... Marginal
C,C-....................... Weak
Financial Size Categories
Admitted/Non-Admitted
Non-Admitted Non-Admitted
Admitted
Admitted
Admitted Non-Admitted
Level Category
D .................................................... Poor
E ........... Under Regulatory Supervision
F ..................................... In Liquidation
S ............................... Rating Suspended
(In $000 of Reported Policyholders' Surplus Plus Conditional Reserve Funds)
FSCI Upto 1,000 FSCIX 250,000 to 500,000 FSCII 1,000 to 2,000 FSCX 500,000 to 750,000 FSC III 2,000 to 5,000 FSCXI 750,000 to 1,000,000 FSCIV 5,000 to 10,000 FSCXII 1,000,000 to 1,250,000 FSCV 10,000 to 25,000 FSCXIII 1,250,000 to 1,500,000 FSCVI 25,000 to 50,000 FSCXIV 1,500,000 to 2,000,000 FSCVII 50,000 to 100,000 FSCXV 2,000,000 or more FSC VIII 100,000 to 250,000
Arthur J. Gallagher Risk Management Services, Inc. Page 19 of41
Program 1 (cont.):
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
Financial Ratings: (cont.) We encomage the County to compare these financial ratings and smplus figmes to other respondents, including risk-sharing pools. Below is information based upon the most recent data available to AJG.
Insurance Company or Risk-Sharing Pool Total Surplus
Lexington Insurance Company $2,000,000,000+
Lloyds of London $2,000,000,000+
Travelers $2,000,000,000+
Midwest Employers $1,500,000,000 to $2,000,000,000
Landmark American $1,000,000,000 to $1,250,000,000
Florida Municipal Insmance Trust (FMIT) -Florida League of Cities $197,215,109 (SOURCE: FMIT Audited Financial Statements 10.2007)
Preferred Governmental Insmance Trust (PGIT) (SOURCE: PGIT Audited Financial Statements 9.2007) $28,198,932
E. Premiums: Below are premiums by line of coverage for Program 1.
State Taxes T I p . ota ayment Insurance Company Premmm & p . Rate Auditable T
S h remmm erms urc arges Lloyds of London (Package)
Lexington (Excess Property)
Landmark (Excess Property)
Midwest Employers (Workers Comp)
TOTAL PREMIUM $2,200,226
$16,320
$26,332
$2,704
$273.43
$1,149.60
$46,779
$696,320
$1,123,332
$115,204
$10,339
$15,463
$49,050
$237,297
$2,247,005
Various
.26330
.02637
N/A
.004
N/A
.3058
No Quarterly
Reporting of Values
No
No
No
Annual Payroll
Audit
The County's expiring insurance program costs for 2008-2009 were $3,068,077. AJG Proposed Program 1 saves the County $867,851 annually (28% savings).
Arthur J. Gallagher Risk Management Services, Inc. Page 20 of 41
Full
Full
Full
Full
Full
Full
Full
,-~·-ii ... :. -.::
* * ~~OR\~
Program 1 (cont.):
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
F. Loss Control Services: Please reference Appendix B for AJG's Loss Control Services. G. Non-conformity: Only slight differences exist between Program 1 and the County's expiring
Package Program. Full coverage breakdowns as compared to the County's requests are included in Appendix A.
H. Engineering/Property Inspections: This proposal is NOT subject to any inspections. I. Cancellation and Non-Renewal: AJG has conformed with the 90 day notice of cancellation
- see Appendix A for additional details.
Arthur J. Gallagher Risk Management Services, Inc. Page21 0141
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
Program 2: Combined Workers Compensation/Liability Policy, with 5% Hurricane Deductible for Excess Property Insurance
AUGUE&OIPOL
Star Insurance Company
$2,000,000 0cc I $4,000,000 Agg
XS $250,000
Program 2 Overview.
Workers Comp
Star Insurance Company
Statutory XS
$350,000
• 5% hurricane deductible applicable (no flat property deductible since Gallagher's Package Program is not utilized in Program 2). The 5% deductible applies for hurricanes only. Other non-hurricane events such as tomados and tropical storms are subject to a flat $250,000 deductible.
• Substantially reduced liability and workers compensation pricing • Higher Liability Llmits of $2,000,000 per occurrence, $4,000,000 annual aggregate
($1,000,000 limit provided in Program 1) • Coverage terms more narrow in scope than in Package Program 1
o However, some of these terms can be broadened with specialty policies · • EMS Liability to address first responders
Arthur J. Gallagher Risk Management Services, Inc. Page 22 of 41
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
Program 2 (cont.): • Protection & Indemnity Policy for the County's watercraft • Tail coverage through Munich Re for reporting of liability claims that
occurred prior to 4 / 1 / 09 • Consolidation of workers compensation to one insurer (rather than two insurers in
Program 1)
• Workers compensation SIR of $350,000 ($300,000 quoted in Program 1)
Answers to the County's Requested Insurance Coverage Questions: A. Effective Date: All coverage has an annual term of 4/1/2009-4/1/2010 to mirror the
expiringAJG program B. Named Insured: Please see Appendix A for more specific details. C. Forms and Endorsements: See Book 2: Specimen Policy Forms for all quoted insurance
policies. D, Financial Ratings: All carriers utilized in Program 2 are rated by A.M. Best with an
A- (Excellent) or A+ (Superior) Rating.
Proposed Carriers A.M. Best's Rating Lloyds of London AXV Lexington Insurance Co AXV Travelers Casualty Insurance Company A+XV of America Travelers Property & Casualty Comoany of America Star Insurance Co Landmark American Insurance Comoany
Level Category
A++, A+ ..................... Superior
A, A-......................... Excellent
B++, B+ ................. Very Good
A+XV
A- VIII AXII
Guide to Best Ratings Rating Levels and Categories
Level Category
B, B- .............................. Fair
C++, C+ ................ Marginal
C, C-........................... Weak
Financial Size Categories
Admitted/Non-Admitted
Non-Admitted Non-Admitted
Admitted
Admitted
Admitted Non-Admitted
Level Category
D ........................................................... Poor
E .................. Under Regulatory Supervision
F ............................................. In Liquidation
S ....................................... Rating Suspended
(In $000 of Reported Policyholders' Surplus Plus Conditional Reserve Funds)
FSCI Upto 1,000 FSCIX 250,000 to 500,000 FSCII 1,000 to 2,000 FSCX 500,000 to 750,000 FSC III 2,000 to 5,000 FSCXI 750,000 to 1,000,000 FSCIV 5,000 to 10,000 FSCXII 1,000,000 to 1,250,000 FSCV 10,000 to 25,000 FSC XIII 1,250,000 to 1,500,000 FSCVI 25,000 to 50,000 FSCXIV 1,500,000 to 2,000,000 FSCVII 50,000 to 100,000 FSCXV 2,000,000 or more FSC VIII 100,000 to 250,000
Arthur J. Gallagher Risk Management Services, Inc. Page 23 of 41
Program 2 (cont.):
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
E. Premiums: Below are premiums by line of coverage for Program 2.
Starr Insurance Co (Liability, $7,381 $312,381 Various No
Workers Com )
EMT liability $40,000 N/A No
Protection & Indemnity $240 $10,240 N/A No
Munich Re Tail Coverage $1958.52 $83,564 N/A No
Lexington (Property) $31,204 $1,331,204 .30472 Quarterly
Landmark (Excess Property) $2,704 $115,204 .02637 Reporting of Values
Travelers (B&M - 3 year $10,339 N/A No
oli annual installtnent) Travelers (Crime - 3 year
$273.43 $15,463 .004 No oli - annual installtnent
Lloyds of London $1,149.60 $49,050 N/A No
errorism)
TOTAL PREMIUM $44,911 $1,967,445
The County's expiring insurance program costs for 2008-2009 were $3,068,077. AJG Proposed Program 2 saves the County $1,145,543 annually (37% savings).
F. Loss Control Services: Please reference Appendix B for AJG's Loss Control Services. G. Non-conformity:: Please see Appendix A for coverage comparison to the County's
specifications. H. Engineering/Property Inspections: This proposal is NOT subject to any inspections. I. Cancellation and Non-Renewal: AJG has conformed with the 90 day notice of cancellation
- see Appendix A for additional details.
Arthur J. Gallagher Risk Management Services, Inc. Page 24 of 41
Full
Full
Full
Full
Full
Full
Full
Full
Full
Options for both Program 1 and 2
Response to RFP #2009031 Indian River County Insurance Coverage Services Bid Due Date: 2:00 p.m. February 16, 2009
1. To increase windstorm limits of coverage to $25,000,000 xs $25,000,000 (while maintaining $175,000,000 All Other Perils Coverage) AJG has designed a shared & layered property insurance program. The additional cost if the County would like to purchase this coverage is $437,500 plus taxes and surcharges.
The following insurers are used in this program:
Westchester Surolus Lines !us. Co A+XI Non-Admitted Essex lusurance Co AX! Non-Admitted Axis Surplus lusurance Co AXV Non-Admitted
2. To increase windstorm limits of coverage to $50,000,000 xs $25,000,000 (while maintaining $175,000,000 All Other Perils Coverage) AJG has designed a shared & layered property insurance program. The additional cost if the County would like to purchase this coverage is $737,500 plus taxes and surcharges.
The following insurers are used in this program:
Westchester Surnlus Lines !us. Co A+XI Non-Admitted Essex Insurance Co AX! Non-Admitted Axis Surplus lusurance Co AXV Non-Admitted Max Specialty lusurance Co A-XIV Non-Admitted Arch Specialty lusurance Co AXV Non-Admitted Endurance American Specialty · lusurance Co AXV Non-Admitted
Options Applicable to Program 1 Only 1. Reduce Auto Physical Damage coverage to Gallagher Package Program only ($750,000 limit
excess of $250,000 self-insured retention). This would reduce Lexington's pricing for Program 1 by $30,000.
2. Gallagher did also receive a competitive excess workers compensation quote from New York Marine & General Ins. Co. If selected, this program would save the County an additional $1,400. Based on the additional training resources that the County has utilized with Midwest Employers, we felt that the slight additional premium was justified as the cost of these services exceeds the amount of premium savings.
Arthur J. Gallagher Risk Management Services, Inc. Page 25 of41
00 w
$7;i0,000 XS
$Z5q,oo6
SIR
$250,000*
XS,
$250;000
SIR
$250,000*
Excess M/GtiE&o/EPL
•··· ffiBL/SH
.Prrneetw:; :·~S!111( -,
$],600,000 ,~s
.. $1,000,000 ~-···"'"-··· ...... .
kL!GL/E&O/LE
' $750,000
Xs
$250.000
SIR
$250,000*
Statutory
XS
$500,000 I
$200,000 XS
$300,000
I SIR
I S300,000*
CRIME
S!,000,000
XS
$10,000
SIR
$10,000*
XS
$5,000
Deductible $5,000
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
Joseph A. Baird, County Administrator
James W. Davis, P.E., Public Works Directo and
Louise Gates, Land Acquisitio S eci ·st
Right-of-Way Acquisition-66th Avenue #0370 6855 66th Avenue, Vero Beach, FL 32967 Owner: Jackson, John Jr.
Parcel I.D. # 32-39-07-00001-0010-00002.0 Parcel 111
March 2, 2009 PUBLIC WORKS
DESCRIPTION AND CONDITIONS
The County is progressing with the 1995 initiative of widening and improving 66th A venue to four (4) lanes from SR60 to CR510. Planned improvements include the addition of two (2) travel lanes separated by a landscaped median, drainage improvements, sidewalks, traffic signals and replacement of the bridges at the intersections.
John Jackson, Jr. owns a 1. 75 acre parcel of property located at 6855 66th Avenue and is represented by David Holloway of the eminent domain law firm ofTileston, Simon & Holloway. This property has been the Jackson's homestead since 1994. The site is rectangular in shape with 132 feet of frontage along 66th Avenue and 610 feet deep. The property is located outside the urban service boundary and is zoned A-1 Agricultural. The parcel contains a 2,700 square foot home with 3 bedrooms and 3 bathrooms. The property also includes a carport, detached motherin-law suite and swimming pool with a 600 square foot cabana.
To accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 0.473 acres from Mr. Jackson, of which 0.303 acres is encumbered by a Murphy Reservation. The Murphy Reservation was ignored by the appraiser in compliance with previous instruction from the Board. Based upon dialogue observed at recent Commission meetings, the parcel owner requested the County m~y offers on the whole take as well as the partial take. While none of the buildings are withili'the area of take, the proposed right-of-way line will be approximately 10 feet from the carport and 70 feet from the house. Mr. Jackson has expressed an ultimatum that he would only consider an offer to purchase the entire parcel.
84
Page 2 of3 John Jackson. Jr. March 2. 2009
Although there is not an absolute engineering necessity for the whole take at this time, the entire property has been recommended as an alternative pond site in the event the preferred pond site is not utilized.
At the December 3, 2008 settlement meeting, staff presented an appraisal prepared by Boyle & Drake, Inc. which valued the partial take at $69,000 and the whole take at $380,000. Staff added adjustments and incentives consistent with other recent voluntary acquisitions and appraisals commissioned by the County. The parties declared a temporary impasse after Mr. Jackson rejected staffs conditional offer of $465,000 for the whole take.
At the January 29, 2009 settlement meeting, Attorney Holloway presented staff with an appraisal prepared by Jesse E. Collister, MAI, valuing the property at $600,000. He also presented a cost and fee estimate of proceeding to eminent domain jury trial on a partial take. After extensive negotiations, a conditional settlement was reached for the· amount of $480,000 plus $14,190 in attorney fees, and $4,122 in expert fees totaling $498,312. Attorney Holloway requested fees based on a $100,000 benefit totaling $33,333 which was negotiated down by staff to $14,190. Included in the settlement is a leaseback of the property for 2 years at $1.00 per month. The agreement gives Mr. Jackson the option of renewing the lease at 1 year intervals until the road project is advertised for bid. The Purchase and Sale Contract contains a provision for the County to withhold $10,000 to secure the condition of the property upon termination of the lease. After lessee vacates the property and the right-of-way is extracted, the parcel can then be sold by the County to recoup a substantial portion of the cost of the right-of-way. Based on the Boyle & Drake appraisal, the property would have a remainder of 1.376 acres valued at approximately $311,000 after the project is completed. Attachment 1 is Attorney Holloway's estimate showing the projected costs, fees, and range of jury verdicts following a contested jury trial to acquire the partial take by eminent domain jury trial.
Attorney Fees $14,190 Expert Fees $ 4,122 Total Acquisition Cost= $498,312 Percentage of acquisition cost realized by parcel owner = 96%
ALTERNATIVES AND ANALYSIS
1. Approve the Agreement as presented, in which the County obtains 1.75 acres with a 3 bedroom, 3 bath house, swimming pool, cabana, and mother-in-law suite on the west side of 66th
Avenue, south of 69th Street, for the purchase price of $480,000 plus $14,190 in attorney fees, plus $4,122 in expert fees totaling $498,312 with a conditional !elj.Seback to the property owner ($1.00 per month) until the bid on the road project is let. Total package: $480,000 + $14,190 + $4,122 = $498,312 plus leaseback.
2. Reject the terms of the Agreement and proceed to eminent domain.
85
Page 3 of3 John Jackson. Jr. March 2, 2009
RECOMMENDATIONS
Staff recommends Alternative No. 1 by which the Board of County Commissioners approves the purchase of the parcel and authorizes the Chairman to sign the purchase Agreement and Lease.
FUNDING
Funding is available from account #10215241-066120-07806 Traffic Impact Fees, District 2 Road Improvements, Road & Street Facilities (10215241), Rightof-Way(066120), 66th Avenue/SR 60 to 59th Street (07806)
ATTACHMENTS
I. Holloway's Estimate of Litigation Costs Avoided 2. Purchase Agreement with Exhibit "A". 3. Lease
DISTRIBUTION
1) Michael Zito, Assistant to County Administrator 2) Christopher R. Mora, P.E., Assistant Public Works Director 3) Louise Gates, Land Acquisition Specialist
APPROVED AGENDA ITEM FOR: March 10, 2009
Indian River Coun Administration Budget Legal Public Works Engineering Land Ac uisition
Approved Date
86
ArrAc/.Jnl E !UT :#- /
Louise Gates
From:
Sent:
To:
Cc:
Subject:
Sunday, March 01, 2009 7:20 AM
Louise Gates
[email protected]; [email protected]
John Jackson, Jr. - Estimate of Litigation Costs
Attachments: EstimateoflitigationCostsForPartialTaking.doc
SETTLEMENT NEGOTIATIONS - NOT ADMISSIBLE IN EMINENT DOMAIN PROCEEDINGS
Ms. Gates:
Page 1 of 1
Attached please find a copy of my estimate of full compensation including litigation costs for two different partial taking scenarios. The numbers are the same as the handwritten computations that I previous provided at our settlement conference. However, at the request of the County staff I have added the percentage of the total acquisition cost realized by the seller.
The first scenario is based on a possible verdict in favor of the owner, and the second is based on the best possible verdict in favor of the County.
Obviously, as you are aware, there is a significant dispute over the value of the property and over the severance damages to the remaining property, which accounts for the significant difference between the two scenarios.
As we have discussed, the disputes in this matter can be largely avoided by the County acquiring the entire parcel. The remainder could either be used by the County as part of a storm water management facility or sold upon completion of the project.
If you have any questions, please do not hesitate to contact me at (813) 792-1192.
David Holloway Tileston, Simon & Holloway, P.A.
You're invited to Hollywood's biggest party: Get OSC.§.r:§_IJPdatesJ§/1 carpet pies and more at Moviefone.
3/2/2009
87
Estimate of Litigation Costs For Partial Taking Jackson, John Jr. 6855 66th Avenue, Vero Beach, FL 32967
Initial Offer & Deposit for Partial Taking based upon $69,000 appraisal dated September 10, 2008.
Anticipated Jury Verdict ($65-0-$300K) Attorney's Fees ($281K benefit) Expert Costs (Partial Taking) Statutory Interest (1 year@ 11 %) Full Compensation
County's Expert Costs •· County's Attorney's Fees
Total Costs for Partial Take=
Best Possible Case for County: Verdict Owner's Experts County's Experts County's Attorney's Fees Total
$ 69,000
$350,000 · $ 90,250 $100,000 $ 30,910 $571,160
$ 75,000 $ 50,000 $125,000
$696,160
$ 69,000 $100,000 $ 75,000 $ 50,000 $294,000
Percentage of Total Acquisition Cost Realized by Seller 23.47%
88
LEASE AGREEMENT
This lease entered into on this __ day of _________ , 2009 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the "Landlord", and JOHN A. JACKSON, JR., 6855 66th Avenue, Vero Beach, Florida 32967, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows:
WI TN ES S ETH:
1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the single family residence and facilities situated thereon, located at 6855 66th Avenue, Vero Beach, Florida 32967, in the County of Indian River, Florida, more particularly described as follows:
The North 132 feet of the South 396 feet of the North 10 acres of the East 20 acres of Tract 1, Section 7, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25 of the public records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida.
The term of the lease shall begin the day of the Closing and end no sooner than 24 months after closing and no later than 60 days after advertisement of the bid to widen and improve the section of 66th Avenue near tenant's premises. The County's right of entry onto the property shall begin upon termination of this lease.
1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon by the Board of County Commissioners 30 days before expiration of this lease.
1.2 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such. This lease shall terminate if the Tenant no longer resides in the leased premises.
2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a private, single family residence, 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 ~icinity of the premises.
1 89
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 may result in immediate termination of this lease.
5. MAINTENANCE AND REPAIRS. Landlord shall not be responsible for repairs during the term of this lease. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. During the lease term Tenant shall maintain, replace or repair all appliances, Air conditioning system, pool system, roof, and structure in working condition suitable to offer the property and improvements for sale upon termination of the lease. Landlord reserves the right to obtain an inspection and report by a licensed home Inspection company prior to release of Tenant's security deposit. Upen 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.
2 90
9.1 Renters Insurance. Tenant agrees to keep and maintain at all times during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, 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. 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.
B. 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.
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. This lease is entered into with the knowledge that one adult and no children shall reside in the house. No additional residents, whether permanent or temporary shall be permitted to move into the house during the term of the lease without Landlord's written consent. 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. The Venue shall remain in Indian River County.
3 91
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:
John A Jackson, Jr. 6855 66th Avenue Vero Beach, FL 32967
Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County Attention: James Davis, Public Works Director 1801 27th Street Vero Beach, Florida 32960
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 breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach.
17. SECURITY DEPOSIT. The Landlord is currently holding the sum of $10,000 belonging to the tenant under the terms of the Agreement to Purchase and Sell Real Estate. This sum shall be held as a security deposit by Landlord, in an interest bearing, separate account. The Landlord shall return the full amount of the deposit and interest within ( 15) days after the Tenant vacates the dwelling provided the dwelling is in its current condition, normal wear and tear excepted. If Landlord deems repairs are necessary in order to bring the house up to its current condition, the Tenant shall receive written notice of why some or all of the deposit will not be returned within thirty (30) days after the tenant leaves the dwelling. The Tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Before moving out, the Tenant must provide the Landlord with an address for receipt of the security deposit.
4 92
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.
ATTEST:
By:...,.....,,,........_,.,c---=c-----Jeffrey K. Barton Clerk of Court
STATE OF FLORIDA COUNTY OF INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
By: ---c---~-------Wesley S. Davis, Chairman
Approved as to ~o?7j?9,J Legal
ij/~f& ,(U{f/ Deputy County Attorney
5 93
ORIGINAL
AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY
AND JOHN A. JACKSON, JR.
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of _____ _, 2008, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and John A. Jackson, Jr., ("Seller"), who agree as follows:
WHEREAS, John A. Jackson, Jr. owns property located at 6855 66th Avenue, Vero Beach, Florida, attached to this agreement as Exhibit "A" and incorporated by reference herein; and
WHEREAS, the County, is scheduled to expand 66th Avenue in the future and the road expansion will impact and affect the Jackson property; and
WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue; and
WHEREAS, the County has contacted John A. Jackson, Jr. and has offered to purchase an approximately 1. 75 acre parcel of property from the John A. Jackson be used as right-of-way; and
WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and
WHEREAS, John A. Jackson and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:
1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein
2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 6855 66th Avenue, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", containing approximately 1.75 acre, and all improvements thereon, together "'!ith all easements, rights and uses now or hereafter belonging thereto (collectively, the "Prop~l'!y"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property
1
94
shall be $498,312 (Four Hundred Ninety-Eight Thousand Three Hundred Twelve Dollars), including attorney fees, expert fees and costs. The Purchase Price shall be paid on the Closing Date. The County shall pay unto the Seller a total of $480,000 with $10,000 held in an interest bearing escrow account, by the County as security for the leaseback pursuant to Section 8.11 of this agreement. Also, the County shall pay Selier's attorney's fees in the amount of $14,190, plus expert fees in the amount of $4,122 for a combined total of $18,312 to Trust Account of Tileston, Simon & Holloway, P.A., for disbursement. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further . force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otheJWise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.
4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.
2
95
5. Default.
5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the approval of the Board of County Commissioners. The parties agree that the Closing shall be as follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.
(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.
(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.
(f) County reserves the right to acquire a boundary survey to confirm parcel boundaries. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller.
3
96
7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents.
7 .1 County shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.
7 .1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.
7 .2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.
8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.
8.3 Entire Agreement. . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.
8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their
4
97
successors and assigns.
8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:
If to Seller:
If to County:
John A. John A. Jackson, Jr. 6855 66th Avenue Vero Beach, FL 32967
Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Louise Gates
Either party may change the information above by giving written notice of such change as provided in this paragraph;
8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.
8. 7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.
8.9. County Approval Required: This Agreement is 'subject to approval by the Indian River County as set forth in paragraph 2.
8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.
5
98
8.11 Lease-Back: The County shall execute and deliver to Seller a lease of the Property at the closing. 1 he term of the lease shall begin the day of the closing and end no sooner than 60 days after advertisement of the bid to widen and improve the section of 66th Avenue near Tenant's premises or 2 years whichever occurs first. The lease payment shall be one dollar ($1.00) per month. The County has the right to inspect after the initial two year lease period and does not have to renew the lease if the owner is not maintaining the premises in a reasonable condition. The County can retain $10,000 from the proceedings as a security deposit until the Owner vacates the premises. The terms of the lease shall be governed by separate lease agreement.
8.12 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her
rights granted under Florida Law Chapters 73 and 74." -*.-- *
IN WITNESS WHEREOF, the unders;gned have executed this Agreem~a~ss of the date first set forth above. ·
INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis, Chairman
Approved by BCC ______ _
ATTEST: Jeffrey K. Barton, Clerk of Circuit Court
Deputy Clerk
· Approved: Approved as to Forrr;,J;J'JJ' Sufficiency:
11/Ltw& [ County Attorney
-1--r:·
6
99
EXHIBIT "A"
The North 132 feet of the South 396 feet of the North 10 acres of the East 20 acres of Tract 1, Secti.on 7, Township 32 South, Range 39 East as the same is desi.gnated on the last general plat of lands of the Indian River .. . '1:t~-~- "'o=na-·- -l:~, .... .i ...... ""'i.. .... ... ~J:.r ...... ot: +-'h ... .... , ,.._, • ..,.,.: +-h.n r" ... ,,. .. 4 .. r~ .. ~ .. ·~--.f! :: . ... : .. .l:'G:1.WO, 'I.- -r u..7 .1.,1,,..&,~\,I: J.U 1,.1.,1;~ V4J..11.'-''G 4 ................... _ -~ .... - ------· -v-- .... ~~.;;_.-;·. St. Lucie County, Florida, in Plat Book 2, page 25; said land now lying:' and being in Indian· River County, Florida. '·""·'· · ·
PID#32-39-07-00001-0010-00002.0 Commonly known as: 6855 66th Avenue, Vero Beach, FL 32967
7
100
Date:
To:
From:
Prepared By:
Subject:
INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM
February 25, 2009 REGULAR AGENDA ITEM
Joseph A. Baird, County~~~--
W. Erik Olson, Dir~ dim!ity Services
Michael C; Hotchkiss, P.E., Capital Projects Manager 'JfJ /4-Construction of a 16" Water Main in Conjunction with the 16tll Street Pavement Project from 66th Avenue to 74th Avenue- UCP 4023
BACKGROUND:
On March 15, 2005, the Board of County Commissioners (BCC) approved a Developer's Agreement with Pointe West of Vero Beach, Limited Partnership to construct various sections of roadway within the Pointe West Development. One of the segments, 16tll Street form 66tll Avenue to 74th Avenue was deferred by the developer, and later adopted by the Indian River County Public Works Department (IRCPWD). The subject segment had a 16" water main identified by the County Utility Department to help sustain the pressure to the western areas.
On April 8, 2008, the BCC approved a work order with Carter Associates to design roadway .·· th ti! th
improvements along 66 Avenue form 16 Street to SR 60. The 66 Avenue Roadway Improvement Project from 16tll Street to SR 60 designed by Carter Associates also included a design for a 12" water main. Plans and specifications for the roadway construction along both segments of roadway have been completed by the IRCPWD and Carter Associates. The projects for both sections of roadway improvements are scheduled to receive bids on April 1, 2009. Staff now requests the BCC's approval to design, bid and construct the segment of water main along 16tll Street from 66th Avenue to 74t11 Avenue, which is being incorporated in with the IRCPWD's April 1st bid for the roadway improvements. Staff will request the BCC' s approval and award of bid to the most responsive and responsible contractor upon receipt of bids on April 1, 2009.
ANALYSIS:
Construction of the 16" water main along 16th Street from 66th Avenue to 74th Avenue will consist of roughly 5,300 linear feet of 16" water main along with valves, stub-outs, fire hydrants and other appurtenances. The estimated cost of construction is $465,000.00. There is also $35,000.00 budgeted for relocation of a 6" PVC force main along 16th Street, east of 74th Avenue. Engineering and inspection services are being provided by the Department of Utility Services. Construction is anticipated to last up to a year after a Notice to Proceed is issued by the IRCPWD and the Utilities Department.
RECOMMENDATION:
Staff recommends that the BCC approve the in-house desifl: permitting and bid of a 16" water main constructed along 16th Street, from 66th Avenue to 74 Avenue in conjunction with the road improvements.
F:\Utilities\UTILJTY. Engineering\Projects. Utility ConSlr\lctiP/1 Pennits\IRC - 16th St. 16 WM from 66th Ave. to 74th Ave UCP 1 0 1 4023\Agenda- 16 in Water Main Along 16th St from 66th Av to ?4th Av.doc
FUNDING:
Funding for the in-house design, permitting and bid of 16" water main constructed along 16th Street, from 66th A venue to 7th A venue is budgeted and available in the 16" Water Main 16th Street - 66th
to 74th Ave and Force Relocation account in the Utilities Capital Fund.
Description Account Number Amount Construct 5,300 Linear Feet of 16" Water Main
472-169000-09508 $465,000.00 along 16th Street from 66th Ave. to 74th Ave.
Relocate Various lengths of 6" Force Main and 47123536-044699-09508 $35,000.00
Install Air Release Valves
APPROVED FOR AGENDA: Indian River Co. Date
Administration
Utilities
r:~ IC,;?tJt!'; J
Date
Legal
Budget
F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - 16th St. 16 WM from 66th Ave. to 74th Ave UCP 1 Q 2 4023\Agenda - 16 in Water Main Along 16th St from 66th Av to 74th Av.doc
13A OJ/ice ef Attornry's Matters 3/10/09
INDIAN RIVER COUNTY ATTORNEY
William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Senior Assistant County Attorney George A. Glenn, AssiStant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: o,,:?- William G. Collins II, County Attorney
DATE: March 4, 2009
RE: Renewal of Employment Agreement
My annual contract with Indian River County expires March 17, 2009. I propose to renew for one year commencing March 18, 2009. All terms, including compensation, remain the same as last year.
I request the Commission approve a one-year extension of my Employment Agreement. Please contact me if you have any questions or concerns.
WGC/lk
Approved for Attorney's Matters BCC Meeting 3/10/2009
B ~ A Af :W
y ____ Cd-(,{-'--'--1 ____ _
County Attorney
i.------..----· · 1udlan River Co. Approved Date
Adrnin.
Co. Atty.
l Budget
EMPLOYMENT AGREEMENT BETWEEN
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
AND WILLIAM G. COLLINS II
THIS AGREEMENT made and entered into on March __ , 2009, by and between the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called "County," and William G. Collins JI, hereinafter called "County Attorney," for employment commencing March 18, 2009.
WITNESSETH:
WHEREAS, Indian River County desires to employ the services of William G. Collins JI as County Attorney, and
WHEREAS, William G. Collins JI desires to accept employment as Indian River County Attorney, and
WHEREAS, the State of Florida has developed a Senior Management Class within the Florida Retirement System, and
WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and
WHEREAS, membership in the Senior Management Class requires that:
1) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and
WHEREAS, two County employees, the County Administrator and the County Attorney, as county officers, work directly for the Board of County Commissioners,
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
SECTION 1. COUNTY ATTORNEY'S DUTIES
In consideration of County Attorney's employment by the COUNTY, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County. County· Attorney shall not engage in the compensated practice of law except as an employee of County, -unless authorized by the County to do so.
Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to be assigned to County Attorney, the specific duties to be performed by County Attorney, and reasonable standards of performance to be maintained.
F:\Atrorney\Lea\ANNUAL CONTRACTS\2009 Will Contract with BCC.doc 1 104
SECTION 2. GENERAL POWERS OF THE COUNTY
Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to review all work performed; to determine the time and the manner of the performance of all work; and to determine standards of performance, all of which shall be reasonable.
SECTION 3. ETHICS OF COUNTY ATTORNEY
County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice of law.
SECTION 4. ANNUAL COMPENSATION
For all services rendered County Attorney shall be paid a salary of One Hundred Thirty-Five Thousand Two Hundred Two and 60/100 Dollars ($135,202.60) annually, payable in 26 biweekly installments of $5,200.10, as adjusted for necessary deductions. County Attorney's salary shall be increased by any cost-of-living increase granted other County employees. Salary shall be adjusted as of the commencement date of this Agreement. In addition to salary, County Attorney's compensation includes a car allowance of $350.00 monthly.
SECTION 5. ADDITIONAL BENEFITS
County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full-time, regular non-contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by the County Attorney, will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida Bar dues, Florida Bar section fees, board certification or recertification fees, and local bar association dues. County Attorney is included in the "Senior Management Service Class" of the Florida Retirement System. County agrees to make annual contributions into a County-approved deferred compensation program designated by Attorney, throughout the term of employment, equal to the maximum annual contribution allowed by law.
SECTION 6. CONTRACT
The County Attorney acquires no property rights in employment but has only the contractual rights set forth or incorporated by reference in this employment agreement.
F:\Attomey\Lea\ANNUAL CONTRACTS\2009 Will Contract with BCC.doc 2 105
SECTION7. TERMS
This employment contract is for one year from the commencement date written above. The contract is not continuing in nature and must be renewed on an annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. County shall provide County Attorney at least 30 days' written notice in the event of non-renewal.
SECTION 8. TERMINATION
This contract may be terminated at will by the County or by County Attorney upon 30 days' written notice given to the other party. Any accrued annual leave and sick leave will be paid in full, less regular deductions, in the event a contract is terminated or not renewed.
SECTION 9. SEVERANCE
If the County terminates this contract at any time or in the event of County's failure to renew an employment agreement with County Attorney containing equal or more favorable terms for County Attorney, County shall pay one month's severance pay for each year of service in County employ (prorated by month) not to exceed 9 months' pay, and County shall maintain County Attorney health insurance coverage and pay County Attorney health insurance premiums for the same period of time.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above.
Attest: J.K. Barton, Clerk
By __________ _
Deputy Clerk
""/1u/,f? 0
Date 0 ' ( ' I
Noted: j
F:\Attorney\Lea\ANNUAL CONTRACTS\2009 Will Contract with BCC.doc
INDIAN RIVER COUNTY Board of County Commissioners
Wesley S. Davis, Chairman
BCC approved: _______ _
COUNTY ATTORNEY
William G. Collins II
3 106
INDIAN RIVER COUNTY
MARCH 10, 2009 ITEM 14.D.1
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: March 4, 2009
SUBJECT: Local Jobs Grant Program
FROM: Commissioner Peter D. O'Bryan, District 4
I would like for the Board to consider and adopt the Proposed Changes to the Local Jobs Grant Program.
Attachment: A copy of the Local Jobs Grant Program
107
CURRENT PROGRAM
PROPOSED CHANGES TO
LOCALJOBSGRANTPROGRAM
Business must be on County's Targeted Industries list, and create 5 or more Full Time jobs at 100% of County's average wage.
5 -19 jobs created 20 - 49 jobs created 50 - 99 jobs created 100- 149 jobs created 150+ jobs created
$1,000 per job $1,250 per job $1,500 per job $1,750 per job $2,000 per job
Bonus for wages higher than county average and bonus for locating in Enterprise Zone.
PROPOSED PROGRAM
Any new business or expanding current business in the county's targeted industry list that creates 5 or more Full Time jobs.
75% of county average wage 100% of county average wage 150% of county average wage
$3,000 per job paid over 3 years $5,000 per job paid over 3 years $7,000 per job paid over 3 years
Enterprise Zone receives additional 10% bonus
108
