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10/15/2019
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 15, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Designating October 2019 as Family History Month Attachments: Proclamation S.B. Presentation of Overview of GEI Works, by Karen Allan, General Manager 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Sebastian River Improvement District Regular Meeting Schedule for the Fiscal Year 2019/2020, is on file in the Office of the Clerk to the Board. 8. CONSENT AGENDA October 15, 2019 Page 1 of 4 8.A. Resolution Requesting the Legislature Enact a General Bill Amending Boundary Line between Indian River County and St. Lucie County Attachments: Staff Report (DRAFT) Resolution SLC Land Swap Property Map 8.B. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2019/2020 Attachments: Staff Report 8.C. Extension of Lease Agreement with Senior Resource Association for the Transit Administration Facility Attachments: Staff Report 2019 Extension SRA Lease Agreement 8.D. Renewal of Agreements for Continuing Environmental and . Biological Support Services RFQ# 2017053 Project No. IRC -1720 Attachments: Staff Report Ecological Associates, Inc. Renewal Environmental Science Associates, Inc. Renewal G.K. Environmental, Inc. Renewal Kimley-Horn & Associates, Inc. Renewal 8.E. Funding Award from the Indian River Lagoon Council - National Estuary Program for the Lost Tree Islands Conservation Area Attachments: Staff Report IRC Lost Tree contract 2019-18 reviewed by Cty Atty 10am 2019 0410 LTI GrantForm rev10-10-19 9am 8.F. Interfund Borrowing - Fiscal Year 2018/2019 Attachments: Staff Report 8.G. Miscellaneous Budget Amendment 016 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS October 15, 2019 Page 2 of 4 10.B.1. Request to Speak from Yolanda Allen Bell regarding utilities bill for vacant property at 4886 34th Ave Attachments: Request to Speak --Yolanda Bell C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Sole Source for Envisionware 24-hour Library Attachments: Staff Report Sole Source Letter Envisionware Envisionware 24 Hour Library Quote (3) of 10-09-2019 removal of bid bond IMAGE OF Envisionware 24-hour Library 12.C.2 Jones' Pier Conservation Area Public Use Improvements - Project Update, Florida Division of Historical Resources Grant Completion and Request to Apply for Additional Funding Attachments: Staff Report Human Services Sandridge Golf Club Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 14.A.1. Appointment of Commissioner Joseph E. Flescher to the 2020 Indian River County Canvassing Board Attachments: Commissioner's Memorandum B. Commissioner Susan Adams, Vice Chairman October 15, 2019 Page 3 of 4 C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. 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 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the 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, and the North County Library. Commission Meetings are broadcast live on 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. October 15, 2019 Page 4 of 4 PROCLAMATION. DESIGNATING THE MONTH OF OCTOBER 2019 AS INDIAN RIVER COUNTY FAMILY HISTORY MONTH WHEREAS, in 2001, the United States Senate passed a Resolution stating that "the study of family history gives individuals a sense of their heritage and a sense of responsibility in carrying out a legacy their ancestors began"; and WHEREAS, the Indian River Genealogical Society is celebrating its 36th Anniversary as an organization that furthers genealogical research and promotes interest in family and local history through lectures, workshops, seminars, and individual assistance to help genealogists and family historians of all skill levels research their own families; and WHEREAS, the Indian River Genealogical Society has created and maintains an online database, available to the public, to digitize Indian River County cemetery records; and WHEREAS, the Indian River Genealogical Society has encouraged the recognition of veterans buried in Indian River County by providing grave row markers to the Gifford Cemetery Association, and has preserved the legacy of local veterans by researching, organizing, documenting, and articulating the stories of the heroes honored at the Veteran's Memorial Island Sanctuary; and WHEREAS, the Indian River Genealogical Society has consistently supported the Julian W. Lowenstein Archive Center and Genealogical Library at the Indian River County Main Library with volunteers, books, and equipment. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the month of October, 2019, as Indian River County Family History Month, and hereby congratulates the Indian River Genealogical Society on its achievements in Indian River County over the past 36 years. Adopted this 15th day of October, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 1 lo*st9, _7 SEBASTIAN RIVER IMPROVEMENT DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 September 25, 2019 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Clerk of the Circuit Court Indian River County P.O. Box 1028 Vero Beach, FL 32961-1028 Re: Sebastian River Improvement District To Whom It May Concern: Pursuant to Florida law, enclosed please find a copy of the Fiscal Year 2019/2020 Regular Meeting Schedule for Sebastian River Improvement District. If you have any questions and/or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Enclosure SEBASTIAN RIVER IMPROVEMENT DISTRICT FISCAL YEAR 2019/2020 REGULAR BOARD MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Sebastian River Improvement District ("SRID") will hold Regular Board Meetings of the Board of Supervisors at the Indian River County Administration Complex, Building B-1, Room 501, 1800 27th Street, Vero Beach, Florida 32960 at 10:00 a.m. (**unless otherwise noted**) on the following dates: December 4, 2019 March 4, 2020 **June 3, 2020** September 2, 2020 **The June 3, 2020, Regular Board Meeting will be held at the Indian River County Administration Complex, Building B-1, Room 501, 1800 27th Street, Vero Beach, Florida 32960 and will commence at 9:00 a.m. The Annual Meeting will immediately follow the Regular Board Meeting at 10:00 a.m. at the same location.** The purpose of the meetings is to conduct any business which may properly come before the Board. The meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agenda for any of the meetings may be obtained from the District's website or by contacting the District Manager at (561) 630-4922 and/or toll free at 1-877-737-4922. From time to time one or two Supervisors may participate by telephone; therefore, a speaker telephone will be present as required, at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) 630-4922 and/or toll free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting. Meetings may be cancelled from time to time without advertised notice. SEBASTIAN RIVER IMPROVEMENT DISTRICT www.sebastianriverid.org PUBLISH: INDIAN RIVER PRESS JOURNAL 00/00/2019 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Brian Sullivan Legislative Affairs & Communications Manager DATE: October 9, 2019 SUBJECT: Resolution Requesting the Legislature Enact a General Bill Amending Boundary Line between Indian River County and St. Lucie County BACKGROUND Oskar and Gretchen Szentirmai own the property located at 2498 S. Highway A1A, which is located on the east side of Highway. A1A (the "Szentirmai property"). Part of the Szentirmai property is in Indian River County and part of the Szentirmai property is in St. Lucie County. Back in 1991, St. Lucie County and Indian River County entered into an Agreement Regarding Construction of Home on St. Lucie County and Indian River County Line (the "Agreement"), which addressed issues pertaining to the development of the Szentirmai property, including permitting, impact fees and concurrency. The Agreement, however, did not address issues relating to the provision of services to the Szentirmai property. Oskar Szentirmai has recently reached out to Indian River County, St. Lucie County and Senator Debbie Mayfield about the enactment of a boundary change, which would allow for the entire Szentirmai property to be located in Indian River County. The boundary change would assist in eliminating any confusion about the provision of services to the Szentirmai property. County staff has had initial discussions with St. Lucie County staff about the boundary change. In order to make a boundary change more equitable, as part of those discussions, we have examined having the properties located on the west side of Highway A1A, located between Highway AIA and the Indian River Lagoon, be switched to being in St. Lucie County. SBM Associates, LLC owns the property on the west side of Highway A1A. St. Lucie County has reached out to the representatives of SBM Associates, LLC who have indicated their initial support of the boundary change. 2 County staff has reached out to the School District of Indian River County, the Indian River County Mosquito Control District and the Indian River County Hospital District staffs and have received initial support for the boundary change. At the September 17th meeting of the Indian River County Board of County Commissioners, the Board voted to support the statutory boundary change, authorized staff to draft a resolution in support of the boundary change and further authorized County staff to take any other actions necessary to assist in the boundary change process. Pursuant to the Board's direction, County staff has drafted the attached resolution. Any county line boundary change can only be effective upon the enactment of a general law by the Florida Legislature. FUNDING Based upon the taxable value of the property located on the east and west sides of Highway Al A, the boundary change will have minimal fiscal impact on Indian River County. RECOMMENDATION The County Administrator recommends that the Indian River County Board of County Commissioners approve the resolution which requests the Florida Legislature enact a general law reflecting the county line boundary change. ATTACHMENT Property Map 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE LEGISLATURE APPROVE LEGISLATION WHICH AMENDS THE STATUTORY BOUNDARY LINE BETWEEN INDIAN RIVER COUNTY AND ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners for Indian River County desires to complete a land swap with St. Lucie County to bring two parcels of land completely within each respective county. WHEREAS, the property located at 2498 S. Highway AIA, which is located on the east side of Highway A1A, lies in both Indian River County and St. Lucie County; and WHEREAS, in 1991, Indian River County and St. Lucie County entered into an agreement regarding construction of a home at 2498 S. Highway A1A which addressed issues related to the development of the property but did not address issues relating to the provision of services to the property; and WHEREAS, the owners of the property located at 2498 S. Highway A1A approached Indian River County, St. Lucie County, and members of the Florida Legislature requesting a statutory boundary change which would assist in eliminating any confusion about the provision of services to the property; and WHEREAS, Indian River County staff has discussed the issue with St. Lucie County staff and determined, to make the boundary change more equitable, the properties located on the west side of Highway A1A, located between Highway A1A and the Indian River Lagoon, should be transferred to St. Lucie County; and WHEREAS, Indian River County has determined the boundary change will have minimal impact on Indian River County, while eliminating confusion as to the provision of services to the property located at 2498 S. Highway A1A; and WHEREAS, any boundary change must be enacted by the Florida Legislature through the enactment of a general bill. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. The Board of County Commissioners hereby requests the Florida Legislature enact legislation which transfers the property located at 2498 S. Highway A1A to Indian River County and which transfers the property located within Round Island Plantation on the west side of Highway AIA, between Highway AIA and the Indian River Lagoon, to St. Lucie County. 4 Section 3. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: County Attorney 5 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland DeBlois, AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: October 6, 2019 SUBJECT: Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2019/2020 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 15, 2019. DESCRIPTION & CONDITIONS For the past number of years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring additional inspectors. The County does not have existing bid awards with any such companies, and therefore is limited to authorizations of $75,000 per company unless the Board waives the bid process. As a result, for the past three fiscal years the Board has approved waiving the bid process for qualified supplemental building inspection service providers. Because authorizations per company will exceed the $75,000 limit during the 2019/2020 fiscal year, staff is again seeking Board approval to waive the bid process for this fiscal year. ANALYSIS The Building Department continues to experience a steady increase in permit and inspection activity. This increased demand and the desired level of customer service have created the need for increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors for the past 48 months, with some success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact, supplemental providers are also having difficulty fulfilling demand and it is in the County's interest to have a pool of supplemental providers to use. Staff is currently working on increasing the pool of supplemental providers. It is anticipated that the County will need to continue relying on supplemental inspection services during the newly started fiscal year. Accordingly, the County has budgeted $850,000 for such services for fiscal year 2019/2020. 7 Currently, the County uses the services of GFA International by piggy -backing off of a contract for inspection services with the Town of Jupiter and uses the services of Calvin, Giordano & Associates by piggy -backing off of a contract for inspection services with the City of Cape Coral. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated March 13, 2014. That agreement was extended by the County (ratified by the Board) through September 30, 2020. Staff is requesting Board permission to waive the formal bidding process for fiscal year 2019/2020 for MT Causley, GFA International, Calvin, Giordano & Associates, and other qualified supplemental providers as needed. In addition, staff requests that the Board authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and change orders for authorized firms up to the available budgeted amount. FUNDING The County has budgeted $850,000 for such services for fiscal year 2019/2020 in account 44123324-033470 Building Division/Contracted Labor Services. RECOMMENDATION Staff recommends that the Board waive the bid process requirement for supplemental building inspection services for the 2019/2020 fiscal year and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and change orders for authorized firms up to the available budgeted amount. 8 MEMORANDUM TO: Board of County Commissioners THROUGH: Phil Matson, AICP; MPO Staff Director FROM: William K. DeBraal, Deputy County Attorney DATE: October 8, 2019 SUBJECT: Extension of Lease Agreement with the Senior Resource Association for the Transit Administration Facility It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 15, 2019. Description & Conditions The Senior Resource Association (SRA) is Indian River County's Community Transportation Coordinator (CTC) and public transportation operator. In this capacity, SRA operates the GoLine fixed -route system and the Community Coach paratransit system, both of which are administered from a county -owned facility at 4385 43rd Avenue. That facility was constructed in 2012 with grant funding from the Federal Transit Administration (FTA). SRA uses the 43rd Avenue facility under a lease that was approved by the Board of County Commissioners effective June 1, 2012, for a 5 -year term at $1.00 per year. That lease was amended on August 16, 2016, to include necessary federal clauses relating to the federal interest in the facility and extended for an additional two year period, expiring on May 31, 2019. The SRA desires to renew the facilities lease for an additional 2 -year term. Staff has no objection to the extension. Attached is the proposed Second Extension of Lease Agreement, now expiring on May 31, 2021. Funding. The lease extension will have no impact to County funds. Recommendation. Staff recommends that the Board of County Commissioners approve the Second Extension to Lease Agreement and authorize the Chairman to execute the Second Extension. Attachment: Second Extension to Lease Agreement with the Senior Resource Association Copies to: Karen Deigl, Senior Resource Association, Inc. Phil Matson, AICP; MPO Staff Director William K. DeBraal, Deputy County Attorney 9 SECOND EXTENSION TO LEASE AGREEMENT THIS SECOND EXTENSION TO LEASE AGREEMENT ("Second Extension") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida ("County" or "Landlord"), and Senior Resource Association, Inc., a Florida non-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960 ("Tenant"). BACKGROUND RECITALS: WHEREAS, the Parties entered into a Lease Agreement ("Agreement") dated July 17, 2012, for a maintenance facility and administrative offices on County owned land located at 4385 and 4395 43rd Avenue, Vero Beach, Florida; and WHEREAS, the term of the Agreement was for five years in order to provide the Tenant with space to store and maintain its fleet of buses, including related operations and administration; and WHEREAS, the Parties 'entered into an Amendment and Extension to Lease Agreement on August 16, 2016 to include language required in lease agreements for facilities built with Federal Transit Administration funding and to extend the Agreement for a two year term; and WHEREAS, the Parties desire to extend the term of the lease for an additional two years; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Extension. The term of the Lease Agreement dated July 17, 2012 is hereby extended an additional two years, now terminating on May 31, 2021. 4. Existing Terms and Conditions. Other than the above stated Extension, the terms and conditions of the Lease Agreement dated July 17, 2012, and Amendment dated August 16, 2016, shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY. 10 IN WITNESS WHEREOF, the parties hereto have caused this Second Extension to Lease Agreement to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Karen Deigl, President/CEO of the Bob Solari, Chairman, Senior Resource Association, Inc. Board of County Commissioners Date Approved: Date Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 11 0D CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka,IP.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: Renewal of Agreements for Continuing Environmental and Biological Support Services RFQ# 2017053 Project No. IRC -1720 DATE: October 7, 2019 DESCRIPTION AND CONDITIONS On October 10, 2017, the Board of County Commissioners approved the four (4) firms selected for the continuing Environmental and Biological Support Services for Engineering Projects with Indian River County. The original contract was for two (2) years with an option for two (2) additional two-year extensions at the County's discretion. County staff has negotiated standard fee with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff: FIRM Ecological Associates, Inc. Environmental Science Assoc. G.K. Environmental, Inc. LOCATION Jensen Beach, Florida Delray Beach, Florida Vero Beach, Florida Kimley-Horn & Associates, Inc. Vero Beach, Florida FUNDING CHANGES FROM 2017/2019 to 2019/2021 RATES Overall fees increase average 5.86% Overall fees increase average 5.34% Fee increases for Field Asst I $15/hour and $10/hour Field Asst II Reimbursable expenses billed 4.6% of labor rate. Previously billed at 4% of labor rate. Funding sources for continuing environmental and biological support services will vary, depending on the type of project and the associated County Division.' Staff will provide funding information for each project any time a work order under these contracts is submitted for Board approval. 12 PAGE TWO BCC Agenda October 15, 2019 Renewal of Agreements for Continuing Environmental and Biological Support Services RECOMMENDATION Staff recommends approval of the renewal agreements and fee schedules between the County and the four (4) firms and further requests the Board to authorize the Chairman to execute the renewal agreements. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Ecological Associates, Inc. Renewal and Fee Schedule 2. Environmental Science Associates Renewal and Fee Schedule 3. G.K. Environmental, Inc. Renewal and Fee Schedule 4. Kimley-Horn & Associates, Inc. Renewal and Fee Schedule APPROVED AGENDA ITEM FOR OCTOBER 15, 2019 13 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Ecological Associates, Inc. for Environmental and Biological Support Services from October 10, 2019 to October 9, 2021. All provisions of the original agreement, approved October 10, 2017 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 10, 2019 to October 9, 2021. ECOLOGICAL ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA TITLE: Bob Solari, Chairman Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 14 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Environmental Science Associates for Environmental and Biological Support Services from October 10, 2019 to October 9, 2021. All provisions of the original agreement, approved October. 10, 2017 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 10, 2019 to October 9, 2021. ENVIRONMENTAL SCIENCE INDIAN RIVER COUNTY, FLORIDA ASSOCIATES TITLE: Bob Solari, Chairman Approved by BCC: Attest: Jeffrey. R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 15 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and G.K. Environmental, Inc. for Environmental and Biological Support Services from October 10, 2019 to October 9, 2021. All provisions of the original agreement, approved October 10, 2017 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 10, 2019 to October 9, 2021. G.K. ENVIRONMENTAL, INC. INDIAN RIVER COUNTY, FLORIDA TITLE: Bob Solari, Chairman Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 16 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Kimley-Horn & Associates, Inc. for Environmental and Biological Support Services from October 10, 2019 to October 9, 2021. All provisions of the original agreement, approved October 10, 2017 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 10, 2019 to October 9, 2021. KIMLEY-HORN & ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA TITLE: Bob Solari, Chairman Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 17 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources CONSENT AGENDA BCC Meeting 10/1512019 Date: To: October 8, 2019 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Assistant Director. Parks & Conservation Resources Subject: Funding Award from the Indian River Lagoon Council — National Estuary Program for the Lost Tree Islands Conservation Area DESRIPTIONS AND CONDITIONS The Lost Tree Islands Conservation Area (LTICA) was purchased in 2003 with funds from the Florida Communities Trust. The 508 -acre site is located in the Central Indian River Lagoon (IRL) approximately 0.75 miles north of the SR 60 boat launch on the barrier island. In 2002 the Town of Indian River Shores and the City of Vero Beach entered into an interlocal agreement with the County for the purchase and maintenance of the site. The LTICA is the second largest publically-owned island system that is protected in Indian River County, and includes more than 10 miles of shoreline habitat. The LTICA ecological enhancement project will be the largest lagoon -based enhancement project undertaken by Indian River County. The deliverable for the project will be a fully designed and engineered plan that will be ready for submittal of the required construction permits. The County will submit for permit approvals upon completion of the design. Engineered plans will include preparation of technical specifications to be used for project bidding purposes. The design will be produced to allow for flexibility in construction timeframes; thus the construction may be completed in phases based on logistics, and funding opportunities. The County will generate a Request for Qualifications, advertise, select, and award the project agreement upon Board approval. The project objectives for design and engineering of the LTICA habitat enhancement plan are briefly summarized as follows: • Site design that is resilient and versatile, and by its nature will be adaptable during extreme weather events and climate change • Water quality benefits through creation and enhancement of wetland communities • Establishment of endemic habitat, including, but not limited to: o High marsh habitat which is a rare resource in Indian River County o Strategically located mangrove wetlands o Maritime hammock habitat o Salt flats and open sandy beaches for shorebird nesting o Seagrass habitat (based on appropriateness and feasibility) 18 Page two October 8, 2019 Funding Award from the Indian River Lagoon Council — National Estuary Program for the Lost Tree. Islands Conservation Area o Oyster reefs (based on appropriateness and feasibility) o Expanded nursery areas for fish and invertebrates • Incorporation of innovative, low maintenance elements for shoreline stabilization • Incorporation of green technologies where appropriate and feasible • Provide for educational engagement on the ecological issues facing the Lagoon • Provide passive recreational opportunities that promote ecotourism, educational awareness, local responsibility and facilitates informed community input • Minimization of mosquito production • Elimination of nuisance and exotic plant species such as Australian pine and Brazilian pepper • Minimization of long-term maintenance, management, and capital costs FUNDING Through this grant award, the County will commit to approximately 74% match of the proposed budget for the design and engineering of the proposed plan detailed in the attached Cost -share Agreement / Attachment A — Statement of Work. Optional Sales Tax was identified in the December 4, 2018 update to the Capital Improvement Element of the Comprehensive Plan for the Lost Tree Islands Enhancement, Restoration & Public Facilities/Trails/Boardwalk as the funding source for this project. Grant funds from the IRL NEP will leverage the ability of the County to provide a comprehensive design effort for the enhancement and restoration objectives for the islands. STAFF RECOMMENDATION Staff requests that the Board accept the Cost -Share Agreement between the IRL Council and Indian River County for the Lost Tree Islands Conservation Area Ecological Enhancement Plan Design & Engineering, Contract #IRL2019-18. Authorize Chairman to sign and return both sets to Parks and Conservation Resources staff to submit for Indian River Lagoon Council to execute. Staff also requests authorization to proceed with a Request for Qualifications for design and engineering of the project. ATTACHMENTS • Cost -Share Agreement Between the IRL Council and Indian River County for the Lost Tree Islands Conservation Area Ecological Enhancement Plan Design & Engineering, Contract #IRL2019-18 • IRC Grant Form — Lost Tree Islands/Indian River Lagoon National Estuary Program Grant 2019 APPROVED AGENDA ITEM FOR OCTOBER 15, 2019 19 Description Account Number Amount IRL NEP Grant Funds — National Estuary Program N/A $65,000 INDIAN RIVER COUNTY Optional Sales Tax/Parks/Lost Tree Islands Conservation Area Enhancement 31521072-066510-20001 $184,800 TOTAL D&E $249,800 STAFF RECOMMENDATION Staff requests that the Board accept the Cost -Share Agreement between the IRL Council and Indian River County for the Lost Tree Islands Conservation Area Ecological Enhancement Plan Design & Engineering, Contract #IRL2019-18. Authorize Chairman to sign and return both sets to Parks and Conservation Resources staff to submit for Indian River Lagoon Council to execute. Staff also requests authorization to proceed with a Request for Qualifications for design and engineering of the project. ATTACHMENTS • Cost -Share Agreement Between the IRL Council and Indian River County for the Lost Tree Islands Conservation Area Ecological Enhancement Plan Design & Engineering, Contract #IRL2019-18 • IRC Grant Form — Lost Tree Islands/Indian River Lagoon National Estuary Program Grant 2019 APPROVED AGENDA ITEM FOR OCTOBER 15, 2019 19 COST -SHARE AGREEMENT BETWEEN THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR LOST TREE ISLANDS CONSERVATION AREA ECOLOGICAL ENHANCEMENT PLAN DESIGN AND ENGINEERING THIS AGREEMENT ("Agreement") is entered into by and between the IRL COUNCIL ("Council"), whose address is 1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and the Council has been authorized by the United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National Estuary Program. Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing the Indian River Lagoon National Estuary Program. The Council has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the management of the water resources of the Indian River Lagoon. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter "the Project"): The goal of this project is to produce a fully designed and engineered plan ready for submittal for construction permits. The design will be: resilient and versatile to extreme weather and climate change, establish endemic habitat, provide water quality benefits, incorporate innovative and low maintenance elements for shoreline stabilization, eliminate exotic vegetation, engage in public education, incorporate passive recreational opportunities, minimize mosquito reproduction, and minimize maintenance/management and capital costs. In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the following terms and conditions. 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2020 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance within fifteen (15) days after the Effective Date and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions. Notwithstanding specific mention that certain provisions 20 survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the Council by Recipient. This offer terminates sixty (60) days after receipt by Recipient. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be ofgood quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The Council's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the Council arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the Council shall pay Recipient approximately twenty-six percent (26%) of the total cost of the Project, but in no event shall the Council cost -share exceed $65,000. The Council cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the Council's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In -Kind Services. Recipient agrees to provide $184,800 in the form of cash and in-kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's total cost -share obligation of $184,800. 5. PAYMENT OF INVOICES (a) Within 30 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31), Recipient shall submit an itemized invoice for the reimbursable expenses incurred during the previous quarter by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or (2) by e-mail to kolodny(a,irlcouncil.org. Invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. For all approved expenses, the Council shall reimburse Recipient based upon the Council's (26%) cost -share of the total approved expenses until the not -to -exceed amount of the Council's cost -share, $65,000, has been expended. The Council shall not withhold any retainage from this reimbursement. Council reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary, for audit purposes, Recipient shall provide additional supporting information as required to document invoices. 21 Contract# IRL2019-18 Encumbrance# GL01-1736/GL01-1895 (b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30. Irrespective of the invoicing frequency, the Council is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional Project work completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the Council's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the Council, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) Council contract number; (2) Council encumbrance number; (3) Recipient's name and address (include remit address, if necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work) and per ATTACHMENT B — CONTRACT PAYMENT REQUIREMENTS FOR STATE -FUNDED COST REIMBURSEMENT CONTRACTS; (8) Progress Report (if required); (9) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost that is borne by recipient. (f) Payments withheld. The Council may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the Council from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi-year agreements, it is necessary for the Council to budget as accurately as possible the amount of funds that will be expended by the Council during each fiscal year. The Statement or Work, Attachment A, includes the parties' current projection of the Council's cost -share on a fiscal year basis (October 1 — September 30). If Recipient's reimbursable costs exceed the budgeted amount during any fiscal year, the excess 22 reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly notify the Council when it appears that Recipient's reimbursable costs will exceed the budgeted amount during any fiscal year and provide the Council with a revised funding plan. If the Council's annual budget permits, the Council may, in its sole discretion, prepare a Council Supplemental Instruction Form incorporating the revised funding plan and authorizing additional reimbursement during the current fiscal year. 6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the Council, its public officers, employees, agents, representatives, successors, and assigns, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, arising from or caused by the Recipient, its employees or sub -contractors, in the performance of the Work. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs related to any failure to offer Patient Protection and Affordable Care Act compliant health care coverage to Recipient -employees performing under this contract. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. 7. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers and employees. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations, which may include participation in a self-insurance program. 8. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) the United States Environmental Protection Agency; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 9. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e-mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. 23 COUNCIL Daniel Kolodny, Project Manager IRL Council 1235 Main Street Sebastian, Florida 32858 (772) 216-7148 E-mail: kolodnyAirlcouncil.org RECIPIENT Beth Powell, Assistant director Indian River County Parks and Conservation Resources 5500 77th Street Vero Beach, Florida 32967 (772) 226-1873 E-mail: bpowellRircgov.com (b) The Council's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating Council policies and decisions regarding all matters pertinent to performance of the Project. The Council's Project Manager may issue a Council Supplemental Instruction (CSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project, do not affect the Council cost -share or Completion Date, or otherwise significantly modify the terms of the Agreement. 10. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by Council's Project Manager and Recipient but must include Council's Quarterly Report Summary Cover Sheet, and may include emails, memos, and letters. (b) Performance Monitoring. For as long as the Project is operational, the Council shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 11. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the Council all of the funds provided to Recipient pursuant to this Agreement. However, the Council, in its sole judgment and .discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the Council may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the Council with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the Completion Date or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. 24 (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 - day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. (c) This paragraph shall survive the termination or expiration of this Agreement. 12. TERMINATION (a) Termination for Default. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the Council shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The Council may also terminate this Agreement upon ten (10) days written notice in the event any of material misrepresentations in the Project Proposal. (b) Termination for Convenience. The Council may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to Recipient. Upon receipt of notice, Recipient shall place no further orders for materials, equipment, services, or facilities, for which reimbursement would otherwise be sought. Recipient shall also make every reasonable effort to cancel, upon terms satisfactory to the Council, all orders or subcontracts related to the Project for which reimbursement would otherwise be sought. In the event of such termination, Recipient shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. ADDITIONAL PROVISIONS (Alphabetical) 13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the Council and any of Recipient's contractors or subcontractors. 14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the Council, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the Council shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. 25 (b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the Council fmds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the Council for the same purpose; and/or (4) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. • (c) Florida Inspectors General. It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 15. FLORIDA SINGLE AUDIT ACT (a) Applicability. The Florida Single Audit Act (FSAA), section 215.97, Fla. Stat., applies to all sub -recipients of state financial assistance, as defined in section 215.97(1)(q), Fla. Stat., awarded by the Council through a project or program that is funded, in whole or in part, through state financial assistance to the Council. In the event Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, Recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, Fla. Stat.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Council, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. Recipient is solely responsible for complying with the FSAA. If Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, Fla. Stat., is not required. In such event, should Recipient elect to have an audit conducted in accordance with section 215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's resources (i.e., University's resources obtained from other than State entities). (b) Program Information This Agreement involves the disbursement of state funding by the Department of Highway Safety and Motor Vehicles in the amount of $10,000. Funding is provided under the State of Florida Indian River Lagoon (IRL) License Plate Program. The Florida Catalog. of Financial Assistance (CSFA) number for this program is CFSA No. 76.010. The Council is providing a funding match of $55,000. (c) Additional Information. For information regarding thestate program under the above CSFA number, Recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/, State of Florida's website at http://myflorida.com, District of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. 26 (d) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as otherwise provided herein. Any balance of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be returned to the Council. (e) Audit Requirements. Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Fla. Stat. This includes submission of a financial reporting package as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Recipient shall comply with the program requirements described in the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be used are included in the Statement of Work. (f) Financial Reporting. Recipient shall provide the Council with a copy of any reports, management letters, or other information required to be submitted in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, no more than 20 days after its preparation. Recipient shall indicate the date the reporting package was delivered to Recipient in correspondence accompanying the reporting package. This information shall be directed to: IRL Council, Mr. Daniel Kolodny, Chief Operating Officer, 1235 Main Street, Sebastian, FL 32958. A copy of the report shall also be provided to the Auditor General's Office at the following address: State of Florida Auditor General, Room 401, Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450. (g) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97, Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site visits by Council staff, limited scope audits, and/or other procedures. University agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Council. In the event the Council determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by the Council to Recipient regarding such audit. Recipient agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Council's Independent Financial Auditor or the state Chief Financial Officer or Auditor General. (h) Examination of Records. In addition to the Council's audit rights otherwise provided for herein, University shall permit the Council or its designated agent, the state awarding agency, the Department of Financial Services, the state's Chief Financial Officer and the state's Auditor General to examine Recipient's financial and non-financial records to the extent necessary to monitor Recipient's use of state financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations, which may include onsite visits and limited scope audits. (i) Records Retention. Notwithstanding any other provision of this Agreement to the contrary, Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Council, or its designee, state Chief Financial Officer, or Auditor General access to such records upon request. Recipient shall ensure that audit working papers are made available for such access for a period of three years from the date the audit report is issued, unless extended in writing by the Council. 27 16. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the Council's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the Council's General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the Council and shall then be subject to judicial review upon completion of the Project. 18. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The Council will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 20. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing cost -share funding to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining to Recipient, its officers, agents, and employees. 21. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 22. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the Council under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 23. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. 28 Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 24. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 25. PUBLIC RECORDS. (a) Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the Council's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. (b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 216- 7148, KOLODNY(&,,IRLCOUNCIL.ORG, 1235 MAIN STREET, SEBASTIAN, FLORIDA 32958. (c) Recipient shall keep and maintain public records required by the Council to perform the Project. (d) Upon request from the Council's custodian of public records, Recipient shall provide the Council with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. (e) Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Council. (f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public records in possession of the Recipient or keep and maintain public records required by the Council to perform the service. If the Recipient transfers all public records to the Council upon completion of the contract, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the 29 Recipient keeps and maintains public records upon completion of the contract, the Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Council, upon request from the Council's custodian of public records, in a format that is compatible with the information technology systems of the Council. 26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the Council harmless from loss to the extent allowed by Florida law. 30 IN WITNESS WHEREOF, the IRL Council has caused this Agreement to be. executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. IRL COUNCIL INDIAN RIVER COUNTY By: By: Duane E. De Freese, Ph.D., Executive Director Typed Name and Title Date: Date: APPROVED BY THE IRL GENERAL COUNSEL Attest: Carolyn S. Ansay, General Counsel Typed Name and Title ATTACHMENTS Attachment A — Statement of Work Attachment B — Contract Payment Requirements for State -Funded Cost Reimbursement Contracts Attachment C — Council Supplemental Instructions Form Cost -share: Non-profit corporation Last updated: 5-31-2019 31 ATTACHMENT A - STATEMENT OF WORK I. PROJECT TITLE: Lost Tree Islands Conservation Area Ecological Enhancement Plan Design and Engineering II. INTRODUCTION/BACKGROUND: Serious threats to the health of the Indian River Lagoon (IRL) include reduced water quality due to manmade hydrologic changes, projected impacts due to extreme weather events and climate change, non -point source pollution, loss and fragmentation of habitats, overuse/overharvest of resources, and the continued invasion by invasive exotic species. Less apparent forms of direct habitat loss also impact the IRL. For example, more than 40,000 acres of highly productive salt marsh and mangrove marsh have been converted into mosquito impoundments. Both the productivity and the nursery habitat value of impounded marshes are lost to the rest of the IRL. Recent storms such as Hurricane Matthew (2016) and Irma (2017) have resulted in significant damage to developed and undeveloped lands within, and abutting, the Lagoon. Most recent studies and models indicate that there will continue to be an increase in the frequency of hurricane landfalls in the southeastern US. Anticipated impacts from hurricanes to Lagoon habitats include excessive pollutant loading from large volumes of stormwater runoff, algal blooms, fish and invertebrate mortality, aquatic animal displacements, large scale releases of chemical pollutants and debris, and exacerbated spread of exotic species by colonization of scoured areas. It is fortunate that many ecological components of estuaries and coastal systems, although initially severely altered by hurricane damage, appear to be resilient to the acute effects of periodic hurricanes. The concern, however, is how to take actions that bolster resiliency and sustainability of these systems as the frequency of these storms increases and there is reduced time for recovery. This issue is further complicated by anticipated sea level rise and other climate change related effects such as increases in ambient water temperatures. Impacts from sea level rise will directly affect the ecology, hydrodynamics, circulation patterns, depth and salinity of the IRL. Fringing mangrove communities serve to stabilize sediments and provide habitat and nursery area for numerous fish and invertebrates. These mangrove communities have adapted to maintain their location along the interface between the Lagoon and upland areas by accreting sediment at a rate in tune with sea level rise (as it occurs at a relatively slow pace). Accelerated sea level rise could result in significant loss of buffering mangroves by outpacing their ability to accumulate sediments at appropriate rates. Similar to mangrove wetlands, seagrass beds are critical to the overall health and water quality of the Lagoon. They provide sediment stabilization and habitat for a variety of marine species. Seagrass beds oxygenate the water column, provide substratum for epiphytes and are a food source utilized by manatees, urchins, conchs, some fish and sea turtles. Increased water depths in the Lagoon may reduce light penetration and adversely impact the photosynthetic capacities of seagrasses leading to substantial decreases in seagrass coverage. Further complicating the loss of seagrass habitat, increases in salinity levels are known to adversely affect the larval stages of some estuarine invertebrate organisms thereby reducing their abundance and diversity. Loss of these invertebrates will dramatically impact the food web in the Lagoon. Biodiversity as a whole will be reduced as sea levels rise and warmer water temperatures and native species are displaced by invasive and other opportunistic organisms. Municipalities along the east coast of Florida Indian River County have witnessed the ecological changes in the Lagoon that are attributable to coastal development. It is becoming apparent that these changes are exacerbated by the frequency of extreme storms. For example, Indian River 32 County has noted significant loss of maritime hammock in several of our conservation areas as a result of frequent and sustained salt water inundation. Additionally, storm surge and frequent high water events are facilitating the conversion of sand flats and herbaceous salt marshes to monocultures of white mangroves thus reducing biodiversity. Loss of this type of high marsh within the County results in many detrimental impacts to the Lagoon, most notably direct habitat loss for wildlife and the reduction of critical treatment of stormwater runoff prior to entering the Lagoon. IEartoan lsl nc Lost Tree Islands Conservation Area This grant application will be focused on development of a plan for the three larger islands. It is the County's vision to develop this plan so that the restoration strategies completed may be utilized for enhancing the remaining areas within the LTICA, as well as other spoil island projects throughout the IRL. The larger islands and the wetlands within the LTICA may have formed through natural processes, however, these islands were used as spoil deposition sites as part of the Intercoastal Waterway (ICW) dredging. There is little native vegetation on these islands remaining; the majority of the islands are covered with Australian pines (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius). Three wetland mitigation projects have been permitted on two of the three largest islands to date. The first project is located on the northern end of Earman Island. This project was permitted and designed as a coastal wetland mitigation project. The project plan involved clearing Australian pine and Brazilian pepper, and allowing native wetland vegetation to recruit on-site. Maintenance activities were limited to eliminating seedling Australian pine and Brazilian pepper, as well as other 33 nuisance native species. Desirable wetland vegetation immediately colonized the shoreline areas, and the wetlands exceeded 90% cover by desirable species within three years of construction. For reference, sam • le monitorm •hoto ,Joe Earman Island Monitoring Photos_ as hs of the LTICA ast ro'ects are resented below. v_ 4.. • -, ..'0,....4r4,44.,:' t -� -..,...id: p s* 'h ,,i-rl: )4...„,„..-4-A: 4 134 E I , ; •fes 'r 2011 Momeorfwp Phon cl e t • !I !Ai 015Mo,iton,a(ViewgSouth) #, .�y j1 k 2000 Prot C'emtnrtio. 2011 Msrytarsna Ph *• •4 • Last Tre 10sodi Conservatjan Area c• Fannin 1s100d r7..5 Arte Reuhirit cm Coepktad 200* -2015 Photo C flits bidiu River Coutitp Pictoeaay •L' Doth Powell The second and third mitigation projects were constructed on the northern end of Duck Head Island. Construction was completed in late 2009. These projects ground the Brazilian pepper and smaller Australian pines in place. The mulch was used to minimize erosion. A portion of the larger Australian pines were killed using herbicides and left in place for perching sites. This plan included engineered re -grading to create submergent and emergent wetlands. As part of the engineered design, the soil balance for the site allowed for the creation of upland coastal hammock. The project site was vegetated using a combination of planted nursery stock and natural recruitment. Desirable cover of vegetation was achieved on this site within 3-5 years (the longer duration for upland communities). 'Duck Head Island Monitoring Photos • ham, 'ria 201ECurrent Cadeior0 t� t� e - f a �0. - ti rj� \ rs 'on ctatiA n+mual LLwaL peen 01000n$.7 Loft Tree. Islam,* Cordovmeo0 Area - ADuct. 11cid Itiind • 12.5 Acre Rerfnrnion Compieied 2008-201$ Photo Credits: Ind an Rhee County PMon>etry & I1.th Powell 34 The County has been monitoring and maintaining the areas from the point at which the mitigation projects were deemed to be successful by agency personnel. Maintenance has included removal of seedling trees, and spot spraying undesirable vegetation. The challenges and successes that the County experienced through the implementation of these projects provide a solid basis for the design of a comprehensive plan for ecological enhancement of the three larger islands. The Indian River Lagoon National Estuary Program (IRLNEP), Florida Department of Environmental Protection (FDEP), the Florida Freshwater Wildlife Conservation Commission (FWC), and the Water Management Districts (SJRWMD, SFWMD) are on the forefront of planning and implementation of programs directed at improving the health and viability of the Lagoon. Groups like the Spoil Island Working Group and the East-Central Florida Estuarine Restoration Team (ECERT) include a diverse assemblage of recognized experts from all levels of government (including those identified above). This expertise has resulted in several successful spoil island enhancement projects that will be used a basis in the design of a diverse, resilient, and sustainable LTICA. The ecological enhancement of the LTICA will be used as an educational platform to engage the public and local schools so that they may learn what they can do to assist in this process. It is the County's plan to use the design of the ecological enhancements at the LTICA as a basis for other improvements that may be possible throughout the County. III. PROJECT VALUE PROPOSITION STATEMENT: This project will encompass several objectives. The project objectives for design and engineering of the LTICA habitat enhancement plan are briefly summarized as follows: • Site design that is resilient and versatile, and by its nature will be adaptable during extreme weather events and climate change • Water quality benefits through creation and enhancement of wetland communities • Establishment of endemic habitat, including, but not limited to: o High marsh habitat which is a rare resource in Indian River County o Strategically located mangrove wetlands o Maritime hammock habitat o Salt flats and open sandy beaches for shorebird nesting o Seagrass habitat (based on appropriateness and feasibility) o Oyster reefs (based on appropriateness and feasibility) o Expanded nursery areas for fish and invertebrates • Incorporation of innovative, low maintenance elements for shoreline stabilization • Incorporation of green technologies where appropriate and feasible • Provide for educational engagement on the ecological issues facing the Lagoon • Provide passive recreational opportunities that promote ecotourism, educational awareness, local responsibility and facilitates informed community input • Minimization of mosquito production • Elimination of nuisance and exotic plant species such as Australian pine and Brazilian pepper • Minimization of long-term maintenance, management, and capital costs IV. LOCATION OF PROJECT: The 508 -acre site is located at 27°40'29.90"N & 80°22'43.43"W in the Central IRL, in Indian River County. The islands are approximately 0.75 miles north of the SR 60 boat launch on the barrier island. In 2002 the Town of Indian River Shores and the City of Vero Beach entered into an interlocal agreement with the County for the purchase and maintenance of the site. The conservation area was purchased in 2003 with funds from the Florida Communities Trust. The LTICA is the second largest publicly owned island system that is protected in Indian River County and includes more than 10 miles of shoreline habitat. 35 V. SCOPE OF WORK: A. Initial Baseline Data Collection: Baseline data collection will be required to develop the plan. Based on the 1 -year schedule for the project, there is a need to collect site-specific baseline seagrass coverage data prior to October 1, 2019 (to fall within optimal time for survey). The County recently met with staff at the Smithsonian Institute to discuss the technical aspects of this project. Staff at Smithsonian indicated that they would be willing to collaborate with the County on the collection of this baseline seagrass data. The County feels that this is a unique opportunity to enlist their staff expertise to collect available information on the benthic environment adjacent to the islands. Field data collected by their staff will benefit both the County, as well as the Smithsonian's on-going research in the Lagoon. As depicted on the general rendering of available SJRWMD seagrass data there is limited covera e within, and adjacent to, the LTICA. ..:J - D'I Eardiir award] -a: n=om 7VT'Ga7 _c.Av � IZ • �+i .-HCS 4�L0.t 6A P.4a}'y 14 j' Legend 2017 SJRWt7D Seagrass Data • - , 4ayrznn.fz�: 5earana.Ca., ^aa Mapped Seagrass in Proximity to the LTICA 36 There are two objectives related to seagrass coverage in the IRL that the County intends to incorporate into the design and engineering of the LTICA plan: (1) planning to ensure that project implementation is beneficial to the existing adjacent seagrass areas; and (2) planning to identify potential areas where seagrass coverage adjacent to the islands may be enhanced. B. Procurement of Contractor: The administrative process of procuring a design engineer for the project will be another element scheduled prior to the October 1, 2019 initiation of the grant period. It is the County's plan to generate a Request for Proposal, advertise, select, and award the project agreement with a Notice to Proceed of October 1, 2019. Upon notification a grant award for the project, staff will work closely with the IRLNEP to ensure that all necessary procurement guidelines are followed. C. Additional Baseline Data Collection: Additional baseline data would be collected upon initiation of the grant period. It is anticipated that the data collection will include, at minimum: • Topographic and bathymetric survey: The County has collected limited topographic information as part of previous mitigation projects completed. Using County LIDAR, as well as additional field survey, additional topographic data will be collected for use in project design. As part of the due diligence for the project, the County contacted the SJRWMD and received bathymetric data that will be very useful in project design. This information may be supplemented with data from the US Corps of Engineers (COE) and the Florida Inland Navigation District (FIND). Upon evaluation of data received, the County will arrange for additional bathymetric survey for selected areas along the LTICA shoreline to provide sufficient information for project design. The completion of the baseline seagrass survey also will provide input into this process. • Vegetative cover mapping: As mentioned previously, the majority of the three larger islands is vegetated with exotic species. The County will conduct field survey to identify any small areas with larger native trees or significant areas with native cover to include this information in project design. In addition, the County will use a combination of field survey and aerial interpretation (using 2019 County Pictometry) to locate jurisdictional wetlands on the islands. It is presumed that the extent of wetlands will be confined to the perimeter of each island, however, the survey will locate the limits of all wetland areas as well as composition. The objective would be to incorporate existing wetlands and native vegetation into the plan to the greatest extent feasible. • Existing habitat assessment: The upland portions of the site are dominated by exotic species that provide limited refuge for wildlife. Mangrove wetlands along the perimeter of the islands provide significant shoreline stabilization and wildlife benefits. The County will complete a baseline survey to document existing wildlife use; as the enhancement plan is implemented this survey data will be used as part of the adaptive management of the site to maximize potential wildlife habitat. • Protected species data: As part of the regulatory engagement for the project, the County will consult with the USFWS and the FFWCC regarding listed species. The objective will be to evaluate the following: (1) existing habitat utilization in proximity to the LTICA; (2) wildlife data and documented successful habitat restoration efforts for similar projects; (3) methods for incorporating elements of protected species recovery plans into the LTICA habitat enhancement plan, and (4) permitting strategies for the LTICA project. • Hydrologic data: The County will collect available data on tidal fluctuations, extreme storm events, and channel/navigational information for use in project design. • Geotechnical data: The development of the plan may require collection of soil profiles in areas where connections to the IRL are proposed (for both ecological and structural aspects of the project). 37 D. Development of Conceptual Plan: The County will develop a conceptual habitat enhancement plan for use in regulatory and stakeholder engagement meetings. This plan will present a formative strategy for the eventual development of the engineered plan, and will be used to solicit input from various entities so that the County can maximize the ecological, recreational, and educational benefits of the project. The conceptual plan will also be useful in evaluating permitting criteria, construction techniques and associated costs, potential monitoring and maintenance costs and logistics, and compatibility with other long-range IRL planning efforts. E. Regulatory Engagement: It is critical to the successful implementation of the project that the final plan receives all required permits for construction in a timely manner. The County will develop a schedule for meeting with regulatory entities who will be involved in project approvals to streamline the eventual permitting process. This engagement will allow the County to incorporate any information provided by these entities into project planning and will allow the County to prepare permitting packages that contain all required information for efficient processing. Regulatory engagement will be a key component of project success from the perspective .of maximizing the potential ecological value of the LTICA. The County will reach out to experts at the various local, State and federal agencies to solicit input for project planning and design for issues such as water quality, habitat and biodiversity, and sustainability and resiliency. F. Stakeholder/Public Engagement: It is the County's practice to establish a robust public engagement process for large-scale projects such as the LTICA ecological enhancement plan. The Coordination with the general public and special interest groups will occur throughout the project design and engineering process. A schedule of meetings will be established so that the County is receiving input as the design progresses. The engagement of the public into the project serves many beneficial functions: (1) general awareness of the impending project; (2) provides a mechanism for input into the design process; (3) allows the County to disseminate accurate and timely information and directly respond to questions; (4) promotes awareness of issues involving the IRL and allows the County to communicate the scope of on-going efforts for improvement; and (5) encourages active participation in efforts to improve conditions in the IRL. G. Design & Engineering: The design and engineering of the project will be guided by the project objectives listed in Section II. Major elements of the design will include: a) Mobilization/demobilization, clean-up and staging b) Exotic species removal (phasing, methods and disposal) c) Construction phasing plan d) Site layout and grading plan (including soil balance assessment) e) Hydrologic analyses f) Erosion control g) Planting plan h) Recreational elements (trails, boardwalks, etc.) i) Notes and specifications H. Monitoring and Adaptive Maintenance: As part of the permitting process it is anticipated that a monitoring and maintenance plan will be required. Carefully planned monitoring plans are key to the successful establishment and long-term viability of created and enhanced communities. Monitoring data will facilitate implementation of corrective measures such as exotics species control, possible re -planting areas, erosion control; provide insight into the effectiveness of water flows and levels based on species composition, substrate conditions and 38 wildlife use; determine how elevations are affecting diversity and composition; and assess water quality as needed. This monitoring data will be used to document trends and to guide other restoration efforts that the County may implement along the IRL. Data will be available for use by others for research or restoration efforts. A detailed monitoring plan for the site will be developed as part of the design and engineering process. Baseline monitoring will be conducted prior to project implementation to document site conditions. It is anticipated that long-term proposed monitoring activities may include: > Photographic Monitoring: Establishment of photo stations to document conditions within the wetlands over time. > Vegetative Monitoring: Establishment sampling methods to document diversity and cover within the wetlands and uplands. > Hydrologic Monitoring: Installation of staff gauges as needed to verify water levels during monitoring events and other needed timeframes. > Sediment Monitoring: Inspection of the system to detect any areas of significant erosion that may cause problems in wetland operation. The County may also elect to conduct baseline and periodic benthic analyses to evaluate trends and compare to data from other parts of the IRL. > Water Quality Monitoring: As part of the monitoring of the site, data including temperature, dissolved oxygen, salinity, and pH may be collected. Samples to determine influent and effluent levels of specific nutrients may be included as part of the proposed monitoring to evaluate the level of water quality enhancement provided by flow -way created wetlands that may be incorporated into the project design. > Wildlife Assessment: Collection of observed wildlife species on the LTICA will help guide adaptive management planning efforts. Site management will focus on maximizing potential habitat by incorporating strategies enhance foraging, loafing and breeding opportunities. Monitoring data will be used to further agency efforts detailed within various species recovery plans. To supplement the proposed monitoring plan, an adaptive maintenance plan will be developed for the project. I. Educational Programming As part of the stakeholder engagement process, the County will develop educational information for viewing and distribution at meetings. This information may include educational boards focusing on challenges facing the Lagoon (IRLNEP Vital Signs), and informational materials describing the importance of the LTICA habitat plan, and specific ecological benefits. VI. TASK IDENTIFICATION: Task 1: Council's Initial Project Executive Summary sheet: The County will prepare and submit Council's Initial Project Executive Summary Sheet Task 2: Procurement of Contractor: The County will generate a Request for Proposal, advertise, select, and award the project agreement once the contract is executed. Task 3: Additional Baseline Data Collection: The county will collect additional data as outlined in Section V.C. above. Task 4: Development of a Conceptual Plan: The County will develop a conceptual habitat enhancement plan for use in regulatory and stakeholder engagement meetings. This plan will present a formative strategy for the eventual development of the engineered plan and will be used to solicit input from 39 various entities so that the County can maximize the ecological, recreational, and educational benefits of the project. The conceptual plan will also be useful in evaluating permitting criteria, construction techniques and associated costs, potential monitoring and maintenance costs and logistics, and compatibility with other long-range IRL planning efforts. Task 5: Quarterly Progress Reports and Final Report: The County will prepare and submit quarterly progress reports that includes Council's Quarterly Report Summary Cover Page after the first quarter following contract execution and continuing to project completion. These reports will summarize the status of design efforts, as well as providing a description of regulatory and stakeholder meeting completed and include information for any other tasks without a specific deliverable. The County will also complete 100% of the project and will submit a project final report that includes Council's Final Report Executive Summary Cover Page. The final report will provide copies of the final engineering plans, construction specifications, and anticipated project monitoring and maintenance requirements. Task 6: Regulatory Engagement: The County will develop a schedule for meeting with regulatory entities who will be involved in project approvals to streamline the eventual permitting process. This engagement will allow the County to incorporate any information provided by these entities into project planning and will allow the County to prepare permitting packages that contain all required information for efficient processing. Task 7: Stakeholder/Public Engagement: The County will schedule public meetings so that the County is receiving input as the design progresses. Task 8: Design and Engineering: The County will complete the design and engineering phase of this project by considering the elements outlined in Section V.G. above. Task 9: Monitoring and Maintenance Plans: At the end of the design and engineering phase, the county will develop a Monitoring and Maintenance Plan that considers the elements outlined in Section V.H. above VII. DELIVERABLES AND TIME FRAMES: Task 1: The Council's Initial Project Executive Summary Sheet due October 31, 2019 Task 2: Procurement of Contractor. Name of hired contractor to be included in first quarterly progress report due January 31, 2020. Task 3: Additional Baseline Collection. Data collected during this task is to be included in the first quarterly progress report due January 31, 2020. Task 4: Development of a Conceptual Plan. A copy of the Conceptual Plan to be included with the second quarterly report due April 30, 2020. Task 5: Quarterly Progress Reports and Project Final Report. Quarterly Reports are due January 31, 2020, April 30, 2020, and July 31, 2020. The Final Report is due September 30, 2020. Task 6: Regulatory Engagement. Updates related to this task will be included in all the quarterly progress reports. Task 7: Stakeholder/Public Engagement: Updates related to this task will be included an all the quarterly progress reports. 40 Task 8: Design and Engineering: A copy of the final plan will be included in the Final Report due September 30, 2020 Task 9: Monitoring and Maintenance Plans: Copies of the final plans will b e included in the Final Report due September 30, 2020. VIII. BUDGET Task line item Task Name ' IRL Funding Amount Cost Share Funding Amount Cost share Funding Source and Type 1 Initial Project Executive $0 $0 N/A Summary Sheet 2 Procurement of $0 $0 N/A Contractor 3 Additional Baseline $0 $60,000 IRC Cash Collection $3,000 IRC In -Kind 4 Development of $0 $4,500 IRC Cash Conceptual Plan $800 IRC In -Kind 5 Quarterly Progress $0 $600 IRC In -Kind Reports and Final Report 6 Regulatory Engagement $0 $4,800 IRC Cash $1,200 IRC In -Kind 7 Stakeholder/Public , $0 $800 IRC Cash Engagement $2,000 IRC In -Kind 8 Design and Engineering $65,000 $102,500 IRC Cash $3,100 IRC In -Kind 9 Monitoring and $0 $1,500 IRC In -Kind Maintenance Plans Summary of Costs $65,000 $184,800 Project total: $249,800 41 ATTACHMENT -B CONTRACT PAYMENT REQUIREMENTS FOR STATE -FUNDED COST REIMBURSEMENT CONTRACTS Invoices for state -funded cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed, indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly reflect the dates of service. Only expenditures for categories in the approved contract budget will be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements by cost category: Salaries: Submit a payroll register or similar documentation showing gross salary charges, fringe benefits, other deductions, and net pay. If an individual is paid by the hour, a document reflecting the hours worked times the rate of pay is acceptable. Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage, rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved State of Florida (State) or Council travel voucher. Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in section 273.02, Florida Statutes, for subsequent transfer to the State. In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The "Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm 42 ATTACHMENT C — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample) COUNCIL SUPPLEMENTAL INSTRUCTIONS # DATE: TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the Council's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: , Council Project Manager cc: Contract file 43 GRANT NAME: Indian River Lagoon Ntl Estuary Program GRANT # AMOUNT OF GRANT: $65,000 DEPARTMENT RECEIVING GRANT: General Services, Parks & Cons Resources CONTACT PERSON: Beth Powell TELEPHONE: 772-226-1873 1. How long is the grant for? 12 mosStarting Date: Oct. 1 , 2019 2. Does the grant require you to fund this function after the grant is over? Yes X No X 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant approx 74% 5. Grant match amount required S $184,800 x Yes No Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Approved CIE Lost Tree Island Conservation Area enhancement - Optional Sales Tax 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ 249,800.00 Second Year $ . $ $ 011.13 Other Salaries & Wages (PT) $ '$ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years S Elizabeth Powell MORIN by Elizabeth Powell nON: PrEFIDbM PvwNl, o=Coneenreuon Lends, oval.. River County, eree,- e..cells Signature of Preparers Cate: 2ol.oe.,o,42686-NOP Date: 4/10/19 44 Grant Amount Other Match Costs Not Covered Match . Total First Year $ 65,000 $ $ 172,600+12,200 in-kind $ 249,800.00 Second Year $ . $ $ $ Third Year $ '$ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Elizabeth Powell MORIN by Elizabeth Powell nON: PrEFIDbM PvwNl, o=Coneenreuon Lends, oval.. River County, eree,- e..cells Signature of Preparers Cate: 2ol.oe.,o,42686-NOP Date: 4/10/19 44 w CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 9, 2019 SUBJECT: Interfund Borrowing — Fiscal Year 2018/2019 FROM: Kristin Daniels Director, Office of Management & Budget At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the funds below: Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Elissa Nagy, Finance Director 45 Fiscal Year Fiscal Year Due from Fund Due to Fund 2017/18 2018/19 (Est.) State Housing Initiative Partnership Program (SHIP) -123 General Fund - 001 $0 $30,000 Metropolitan Planning Organization (MPO) - 124 General Fund - 001 $60,000 $50,000 Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Elissa Nagy, Finance Director 45 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: October 8, 2019 Subject: Miscellaneous Budget Amendment 016 Description and Conditions 1. On September 17, 2019, the Board of County Commissioners approved the Sheriff's Office request to spend $15,000 from the Criminal and Sex Offender Registrant Fee account. Exhibit "A" appropriates these funds. 2. Telephone costs are higher than anticipated. Upon completion of the new county -wide Voice Over Internet Protocol (VoIP) system, the County will realize a reduction in cost. Exhibit "A" appropriates funding of $28,000 from General Fund/Reserve for Contingency. 3. Due to several retirements in the Planning Department, additional monies are needed in the salary & benefits accounts. Exhibit "A" appropriates funding of $66,625 from MSTU Fund/Cash Forward -Oct 1St 4. Expenses in the Library Impact Fee account have exceeded the estimated budget. Exhibit "A" appropriates funding of $300 from Impact Fee/Cash Forward -Oct 1st 5. Although the verdict may be appealed, the Finance Department must record the liability of the Ocean Concrete and George Maib v. Indian River County case which was determined to be $2,000,000. The interest calculation (F.S 55.03) from July 24, 2007 to September 30, 2019 equals $1,503,958.89. An estimated receivable of $735,122 from the County's insurance company will also be recorded as a potential revenue. Exhibit "A" appropriates $3,503,959 from the Risk Fund/Cash Forward -Oct 1St 6. In preparation for Hurricane Dorian the County incurred expenses such as salaries, overtime, shelter openings (estimate) and various supplies that were not budgeted. These expenses are anticipated to be reimbursed by FEMA. Exhibit "A" appropriates funding of $643,320 from various funds' Cash Forward -Oct 1st 7. On December 18, 2018, the Board of County Commissioners approved an ordinance establishing an amnesty program for certain utility delinquency charges. An additional $2,496,134 has been written off prior to the July 8th deadline. Exhibit "A" appropriates funding from Utilities/Cash Forward -Oct 1st to the Bad Debt/water/Sewer expense. 46 Members of Board of County Commissioners October 8, 2019 Page 2 of 2 8. On May 21, 2019, the Board of County Commissioners approved a resolution for the County's Incentive Program for the North Sebastian Septic to Sewer -Phase I whereby the County would fund 100% to 20% of the impact fee, depending on the year in which the property was connected to sewer. The estimated cost to the County is $251,640. Additionally, the project is now complete, with 20% of the project costs to be funded by Optional Sales Tax. Exhibit "A" appropriates the funding of $854,640 from Optional Sales Tax/Cash Forward -Oct 1st 9. The SHIP fund has received additional participant receipts and interest. Exhibit "A" appropriates these revenues totaling $140,000. 10. Worker's Compensation and General Liability Claims are exceeding budgeted estimates. Exhibit "A" appropriates the funding from the Self -Insurance Fund/Cash Forward -Oct 1st in the amount of $895,000. 11. Health Insurance and Pharmacy Claims are exceeding budgeted estimates. Exhibit "A" appropriates funding of $750,000 from Employee Heath Insurance Fund/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 47 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2019. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATT N EY Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 016 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Sheriff-Sex Offender Reg. Fee 001034-341521 $15,000 $0 Expense General Fund/Sheriff-Law Enforcement 00160086-099040 $15,000 $0 2. Expense General Fund/Mailroom/Telephone 00125119-034110 $28,000 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $28,000 3. Revenue MSTU/Cash Forward -Oct 1st 004039-389040 $66,625 $0 Expense MSTU/County Planning/Regular Salaries 00420515-011120 $56,000 $0 MSTU/County Planning/Social Security 00420515-012110 $3,800 $0 MSTU/County Planning/Retirement 00420515-012120 $6,000 $0 MSTU/County Planning/Medicare 00420515-012170 $825 $0 4. Revenue Impact Fee/Cash Forward -Oct 1st 103039-389040 $300 $0 Expense Library Impact Fee/Main Library/Books 10310971-035450 $300 $0 5. Revenue Self Insurance/Cash Forward -Oct 1st 502039-389040 $3,503,959 $0 Expense Self Insurance/Risk Management/General Liability -Ocean Concrete 50224619-034530-19901 $3,503,959 $0 49 Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 016 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $0 $481,582 MSTU/Cash Forward -Oct 1st 004039-389040 $0 $7,319 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $0 $16,928 Emergency Services/Cash Forward -Oct 1st 114039-389040 $0 $4,601 911/Communication Center/Cash Forward -Oct 1st 120039-389040 $0 $1,911 Beach Restoration/Cash Forward -Oct 1st 128039-389040 $0 $90,900 SWDD/Cash Forward -Oct 1st 411039-389040 $0 $15,041 Utilities/Cash Forward -Oct 1st 471039-389040 $0 $19,777 Risk Management/Cash Forward -Oct 1st 502039-389040 $0 $517 Information Technology/Cash Forward -Oct 1st 505039-389040 $0 $4,744 Expense General Fund/BCC/Overtime 00110111-011140 $526 $0 General Fund/County Administrator/Overtime 00120112-011140 $677 $0 General Fund/General Services/Overtime 00120213-011140 $89 $0 General Fund/Human Resources/Overtime 00120313-011140 $1,363 $0 General Fund/Emergency Mgmt./Salaries 00120825-011120 $5,463 $0 General Fund/Emergency Mgmt./Overtime 00120825-011140 $2,462 $0 General Fund/Emergency Mgmt./Other Operating Supplies - Dorian 00120825 -035290-19028 $156 $0 General Fund/Emergency Mgmt./Other Contractual Services -Dorian 00120825-033490-19028 $452,325 $0 General Fund/Parks/Overtime 00121072-011140 $1,586 $0 General Fund/Parks/Other Operating Supplies -Dorian 00121072-035290-19028 $477 $0 General Fund/Human Services/Overtime 00121164-011140 $872 $0 General Fund/Purchasing/Overtime 00121613-011140 $754 $0 General Fund/Facilities Maintenance/Overtime 00122019-011140 $9,851 $0 General Fund//Office of Mgmt. & Budget/Overtime 00122913-011140 $191 $0 50 Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 016 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/FP&L Grant/Overtime 0123725-011140 $83 $0 General Fund/Emergency Mgmt. Grant/Salary 00123825-011120 $1,034 $0 General Fund/Emergency Mgmt. Grant/Overtime 00123825-011140 $128 $0 General Fund/Emergency Mgmt. Grant/Retirement 00123825-012120 $139 $0 General Fund/Animal Control/Salary 00125062-011120 $3,288 $0 General Fund/Animal Control/Overtime 00125062-011140 $118 $0 MSTU/NCAC/Overtime 00410472-011140 $366 $0 MSTU/Ocean Rescue/Overtime 00411672-011140 $6,924 $0 MSTU/Telecommunications/Overtime 00423427-011140 $29 $0 Transportation Fund/Road & Bridge/Other Contractual Services -Dorian 11121441-033490-19028 $4,140 $0 Transportation Fund/Road & Bridge/Other Operating Supplies -Dorian 11121441-035290-19028 $7,700 $0 Transportation Fund/Public Works/Salary 11124319-011120 $1,799 $0 Transportation Fund/County Engineering/Other Contractual Services -Dorian 11124441-033490-19028 $323 $0 Transportation Fund/County Engineering/All Travel -Dorian 11124441-034020-19028 $1,214 $0 Transportation Fund/County Engineering/Other Operating Supplies -Dorian 11124441-035290-19028 $215 $0 Transportation Fund/Traffic Engineering/Other Operating Supplies -Dorian 11124541-035290-19028 $1,020 $0 Transportation Fund/Stormwater/Overtime 11128138-011140 $517 $0 Emergency Services/Fire Rescue/Other Contractual Services -Dorian 11412022-033490-19028 $795 $0 Emergency Services/Fire Rescue/Other Operating Supplies- Dorian 11412022-035290 19028 $3,806 $0 911 Surcharge/Comm Ctr/Overtime 12013325-011140 $1,911 $0 Beach Restoration/Overtime 12814472-011140 $66 $0 Beach Restoration/Other Contractual Services -Dorian 12814472-033490-19028 $90,821 $0 Beach Restoration/Other Professional Services -Dorian 12814472-033190-19028 $13 $0 SWDD/Landfill/Overtime 41121734-011140 $1,041 $0 SWDD/CC & Recycling/Other Contractual Services -Dorian 41125534-033490-19028 $14,000 $0 Utilities Treatment/Overtime 47121836-011140 $8,479 $0 51 Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 016 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/Water Production/Overtime 47121936-011140 $2,177 $0 Utilities/WW Collection/Overtime 47126836-011140 $5,934 $0 Utilities/WW Collection/Other Operating Supplies -Dorian 47126836-035290-19028 $503 $0 Utilities/Osprey Marsh/Overtime 47128236-011140 $158 $0 Utilities/Spoonbill/Contracted Labor -Dorian 47129236-033470-19028 $2,526 $0 Risk Management/Overtime 50224613-011140 $517 $0 IT/Information Systems/Overtime 50524113-011140 $4,744 $0 Total Expense $643,320 7. Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $2,496,135 $0 Expense Utilities/Customer Service/Bad Debt-Water/Sewer 47126536-036510 $2,496,135 $0 8. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $854,640 $0 Utilities Impact Fee/Transfer In 472039-381020 $251,640 $0 Expense Optional Sales Tax/Transfer Out 31519981-099210 $251,640 $0 Optional Sales Tax/WW Collection/North County Sewer 31526836-066510-15501 $603,000 $0 Utilities Impact Fee/Cash Forward -Sept 30 47223538-099920 $251,640 $0 9. Revenue SHIP/SHIP Participants Receipts 123034-346900 $135,000 $0 SHIP/Interest Income 123037-361100 $5,000 $0 Expense SHIP/Rehab Loan -Owner Occupied 12322869-088070 $130,000 $0 SHIP/Purchase Loan Assistance 12322869-088050 $10,000 $0 52 Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 016 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 10. Revenue Self -Insurance Fund/Cash Forward -Oct 1st 502039-389040 $895,000 $0 Expense Self-Insurance/Risk Management/Worker's Compensation 50224619-012140 $150,000 $0 Self-Insurance/Risk Management/General Liability Insurance 50224619-034530 $500,000 $0 Self-Insurance/Sheriff/Worker's Compensation 50260021-012140 $215,000 $0 Self-Insurance/Sheriff/Legal Services 50260021-033110 $30,000 $0 11. Revenue Employee Health Insurance/Cash Forward -Oct 1st 50412719-034586 $750,000 $0 Expense Employee Health Insurance/Pharmacy Claims 50412719-034586 $300,000 $0 Employee Health Insurance/Insurance Claims 50412719-034580 $450,000 $0 53 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION /6 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(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: 450 14th PL SW Yolanda Allen Bell PHONE: 772-480-2921 Outstanding utility lein at 4886 34th Ave. there's no longer a SUBJECT MATTER FOR DISCUSSION: structure on the property and there is a $45,000+ owed for water bill. IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION YES YES WHAT RESOLUTION ARE YOU Consideration of reduction of balance. REQUESTING OF THE COMMISSION? X X NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: October 15, 2019 F:\County Admin \ExecAsst\AGENDA\Public Discussion Items Form.doc 54 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services DEPARTMENTAL BCC Meeting 10-15-2019 Date: To: September 25, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director of Library Services Subject: Sole Source for Envisionware 24-hour Library BACKGROUND: Library Services seeks to expand service to the South County area. Per the Master Facilities Plan for Libraries, it was recommended that a full service library be built in the Oslo Road area due to increased population and increased travel times for residents of the South County area to get to the Main Library, particularly during the winter season. Staff has identified a unique opportunity to expand service while keeping costs low by placing a state-of-the-art vending library in the Intergenerational Center. DISCUSSION: Staff began researching products available for dispensing books and providing access to patron holds that would operate with minimal staff intervention and provide state-of-the-art technology and a seamless integration with the aesthetic of the Intergenerational Center. The project went out for Sealed Bid, with a sole bid submitted by Envisionware. After review by the Purchasing Division, it has been determined that the issued specifications were restrictive, and therefore this item is more appropriate for sole source consideration. The Envisionware 24 -Hour Library is a unique product in the library vending market. It provides the ability for 6-8 patrons to obtain services at one time by having multiple displays and being Wi- Fi enabled to allow for downloading of eBooks and delivering internet access as if at a full service library. The Envisionware system allows for automated dispensing of hold items as opposed to a 2 -part locker system. Staff anticipates high usage for hold retrieval. The Envisionware system is ADA compliant and capable of serving patrons in wheelchairs and children with its dual public displays. The 24 -Hour Library also provides a 14 -bin automated materials handling system and numerous security cameras to provide support and ease to library staff. In addition to the unique features above, the 24 -Hour Library will blend seamlessly into the Intergenerational Center's aesthetic with its sleek, modern look and one piece design. Indian River County Library System will be the first library in Florida to have this state-of-the-art technology. FUNDING: 55 / Staff has obtained a quote from Envisionware in the amount of $166,770 which includes the unit, installation, staff training, and one year of service. Funding for the Envisionware 24-hour Library is budgeted and available in Library Impact Fees/Other Machinery & Equipment —GL#103109- 066490. Funding for service and support beyond year one is estimated at $16,500 per year and will be funded through Main Library's operating fund GL#00110971-034630. RECOMMENDATION: Staff recommends the Board of County Commissioners reject bid .2020002, waive the bid requirements and designate Envisionware as the sole source provider for vending library services. Staff also recommends the Board authorize the Purchasing Division to issue a Purchase Order to Envisionware in the amount of $166,770 for the initial purchase and first year of maintenance. ATTACHMENTS: 1. Sole Source Letter, Envisionware 2. Quote from Envisionware 3. Rendering of unit in proposed location APPROVED AGENDA ITEM FOR OCTOBER 15, 2019 56 ENVISI h NWARE® September 24, 2019 Ms. Tracey L. Wehking Director of Library Services Indian River County Library System 1600 21st St. Vero Beach, FL 32960 Dear Ms. Wehking: 2855 Premiere Parkway Suite A Duluth, GA 30097=5201 United States 800 216 8370 US and Canada +1 678 382 6500 Voice This letter provides clarification regarding the 24 -Hour LibraryTM, EnvisionWare's unique self-service twenty -four-hour library branch. There are several capabilities that are available only from EnvisionWare as outlined in this letter. In addition, the combination of services is also unique. Even the architecture of the system is unique, offering the simplest operation that conserves power, maximizes reliability and delivers ease of service. Those capabilities that are available solely from EnvisionWare are highlighted in italics. The 24 -Hour Library"' is available solely from EnvisionWare in North America and serviced solely by EnvisionWare and our authorized service technicians. EnvisionWare has invested over $1,000,000.00 in the development of an ideal solution to serve the needs of America's public libraries. And this system has continued to evolve as we have improved the design based.upon feedback from our early adopter libraries. Since the initial installation of the first system at Pioneer Library System, our Company has implemented four major system upgrades to fine- tune the solution for the specific needs of our libraries. EnvisionWare's design is influenced by the operation of a classic branch, featuring a familiar patron experience. To the extent possible through an automated system, we have replicated the branch circulation workflow from start to finish and improved on services where automation can do some things better. Offering the broadest array of services in a 'classic library approach', this unique system provides a comprehensive array of public services: • Classic visual browsing of popular materials just as patrons would act as they enter one of your existing physical locations. Unlike foreign designs that are specific to a very different market, the 24 -Hour Library presents materials on a visible shelf. Patrons view the spines in exactly the same way they do in a brick and mortar building. They see the size, shape, title, call number 57 and other familiar markings on each item. And just like a branch, multiple patrons can be browsing the shelves at the same time. • 6-8 patrons can be obtaining services from the 24 -Hour Library at one time; Wi-Fi adds additional services for even more users. • Access to your online catalog for searching materials and placing holds that doesn't interfere with circulation functions. A separate, dedicated display is available for the OPAC so that users can search the enterprise catalog and place holds without interfering with users checking out or returning items. • Loading of materials from any location and return of items destined for any location. • Downloading electronic resources from the built-in 32 -inch touch screen and 2 -Channel Wi-Fi router. Just like your branches, patrons can search eBooks and download them directly at the system, without interfering with other users checking out or returning items. • Simple, easy-to-use check out with a familiar self-service workflow • Automated dispensing of hold items — If a hold item or items are available for the patron, the system will automatically dispense the items when the patron card is scanned. This works seamlessly, patrons don't forget their holds and they pick up all items on hold (rather than letting one title stay on the shelf until it expires because they just saw it on HBO.) You can also configure the system so that the patron must choose which hold items to dispense. • Support for a broad range of materials including print, media, bagged items, electronic readers and other irregularly shaped materials (model 340) • Dual public display to serve wheelchair users and children. Naturally the system is ADA compliant. Verbal prompts are built into the system and a wheelchair height screen serves patrons in wheelchairs as well as children that can't reach a standard height display. Self-service returns into a fully automated 14 -bin automated materials handling system — A complete sorter is built into the system that sorts items for each of your branches as well as by media, expired holds and items not circulating in the last xx days. • Public Wi-Fi access delivers the same Internet access that patrons experience in your other branches. 58 Op, In addition, there are unique services aimed at library staff: • Easy shelving and unloading — no special containers — items are directly shelved just as staff would in any other location. • Integrated RFID and barcode support for materials • Private VPN Wi-Fi for ad-hoc connection of staff laptops for special registration events and activities • Visual promotion from two LED displays • Lighted library promotional. signs • Four external security cameras, one internal diagnostic camera and a multi -week DVR security system. Should a service issue arise, EnvisionWare support can review the recording of the event and see exactly what happened without needing to visit the system. That translates to maximum ease of service and the dispatch of a technician that has already seen the problem. • Future -ready for dispensing of patron cards' • High performance router provides secure management of the system, 2 -channel Wi-Fi with VPN and optional content filtering. • Three Windows computing platforms: Main System Control, Program or Download Control, and OPAC • Centralized remote management • 24 -Hour support answered directly by our technicians • On-site same or next day support • Routine maintenance • In addition to EnvisionWare's nationwide network of field technicians and engineers, a backup network of more than 400 technicians stand ready to be onsite within a few hours of an issue. As noted in the proposal, there are technicians in the County. 1 The library card dispensing hardware is included however the optional service for registration is not yet available. 59 There is another unique component that can be optionally added, which is a credit card terminal for fine payment. EnvisionWare partnered with Polaris on the unique development of several protocols to enhance public service. These include an itemized fine protocol, support for an integral ILS deposit account which can be used for fine payment, scanning, faxing, copying, and printing, and a workflow automation system that integrates our Library Point of Sale system with Polaris. In fact, EnvisionWare provides Polaris Enterprise eCommerce, the replacement for Polaris' discontinued eCommerce offerings. Our credit card terminals integrate directly into the staff client. We can deposit funds into Polaris and draw from those funds. Our online system integrates seamlessly into the Polaris PAC. And for the 24 -Hour library, the system provides integrated, self-service fine payment to remove blocks for past due patrons. The only company making a free-standing self-service library that also offers an eCommerce system that integrates into Polaris PAC and staff stations and who is a strategic Innovative partner is Envision Ware. There is no other system like the 24 -Hour Library in the United States, except at those libraries where we have installed these systems. Aside from the combination of services and features described above, the architecture of the system has been developed over years of research to provide the most reliable platform that requires the least sophistication for ongoing service. And the low power design fits the needs of institutions that strive for green initiatives. The system requires only a covering to prevent direct rain over the system and users, a single 120V 20amp electrical out/et/service, an R1-45 Ethernet connection, and a SIP2 connection to your Integrated Library System. Even our service offerings are unique. All services for planning, installation and training are provided by EnvisionWare employees — we do not outsource these services to third parties. This means we control the complete customer experience. EnvisionWare experts will guide staff through the process from start to finish, describing the similarities and differences between this system and a traditional physical location. Our library experts will help you to adapt policies, interface to your Integrated Library System, and ensure that your staff is comfortable with the differences between a traditional library and a 24 -Hour Library. All systems arrive from the factory into our Columbus Technology Center where they undergo an extensive second layer of Quality Assurance. Systems are configured for the requirements of your Library and full tested with your settings before being prepared for shipment to your site. The system will arrive onsite on a designated Monday — ready to run. It will be operational on Tuesday and ready for staff training on Wednesday. We are onsite at the beginning, when a staff trainer provides the initial orientation and again for any logistics issues, then a team arrives for the installation. All members of the team have experience installing these systems so there are no surprises. When it's 60 Aso time for your: go-live/grand opening, we'll be onsite to validate the system yet again and to participate in the activities so that you have the assurance of a successful launch. We include comprehensive promotional materials, signs, press releases and other artwork to help you in advance and go -live promotion of the new system. These materials have been developed over time in cooperation with libraries around the Country. EnvisionWare maintains a full complement of spare parts in our Atlanta service center. As you can see, the system is unique, many of the capabilities are unique, and this system is solely provided by EnvisionWare. We control every aspect of the design and manufacture of this system. There is no other system as complete, comprehensive or with equivalent field experience and there is no other company with an established nationwide service network. Our customers have been so happy that many have ordered more. The best testament to the success of a system is a group of customers that keep expanding with more 24 -Hour Libraries. At least 4 customers have ordered multiple systems over time; some customers have deployed as many as 5 systems over the same number of years. And EnvisionWare has a Florida office located in Broward County. Please let me know if you have any further questions. Sincerely, Michael J Monk CEO Cc: Ken Evans, Sales Consultant, Circulation Solutions - Southeast 61 ENVISIONWARE® Enriching Public Library Service Inside and Out VEn`visionWare, Inc. 2855 Premiere Parkway Suite. A. Dututh, GA 30097-5201 To Free +1(800) 216-8370 Direct +1(678) 382-6500 Bill To Indian River County Library 1600 21st Street Vero Beach FL 32960 United States Quotation US -54113 10/9/2019 TOTAL $166, 770.00 I Quote Expires: 1/7/2020 Federal EIN Currency Terms Sales Rep Maintenance Expires 58-2424595 US Dollar *5 0 %Dep 1 B a 1- 3 01 Evans, Ken 9/30/2019 Services -Accept Quotation Title Memo 24L for the Intergenerational Center Qty Item / Description Ship To Unit Price Amount 1 24L -340D Main $129,950.00 $129,950.00 24 -Hour Library Main System - 340 Item System Delivers 24/7 library services including check out, return, item renewals, (2) large touch screen displays for program information, OPAC, ebook downloads or other library services, (1) display for branding, (2) Channel Wi-Fi, 340 -item shelving capacity, 1000 item 14 -bin sorter for returns - Heating system - Main System with 1D/2D card/smartphone barcode scanner for patron cards and items, and RFID and barcode detection for items and patron cards - Router with VPN support - Integrated 2 -CH WiFi Access Point - Custom Sign Artwork/Design - Shelving step, supplies - Delivery minimum 12 weeks after confirmation of site plan + REQUIREMENTS ILS: SIP2 interface with Booksort extensions (Millennium/Sierra customers require optional SIP2 sorter API) - 120V 20A Power for system (+120V 60A service for heater operation in cold climates) - Internet Connection and Power (refer to specifications) - Overhang or canopy - Installation and Project Management required and not included - varies by requirements + ANNUAL MAINTENANCE - 11% of published price. * OPTIONS - eCommerce Self Service and ECS 24 Kiosk Terminal - Customer Central Management Control Licenses - Canopy and optional side panels This information is confidential and proprietary to EnvisionWare, Inc. 11 IIIIIII1111111111I• 1IIIIII111 US -54113 62 EN I NWARE® Enriching Public Library Service Inside and Out 9EnvisionWare, Inc. 2855 Premiere Parkway Suite A. Duluth, GA 30097-5201 Toil Free +1(800) 216-8370 Direct +1 (678) 382-6500 Quotation US -54113 10/9/2019 Qty Item / Description 1 CM Control ENVISIONWARE CENTRAL MANAGEMENT CONTROL LICENSES - For installation on network IT or staff computers. The Control License provides remote connectivity to CM Clients that are on host computers or OneStop stations. Staff can use a control license to remotely interact with patrons and update systems from a central location. Ship To Unit Price Amount $125.00 $125.00 3 CM Client $35.00 $105.00 ENVISIONWARE CENTRAL MANAGEMENT CLIENT - Install on OneStop computers or host systems. When a Control license is installed on a staff computer, staff can interact with patrons using self checkout or other computers running the CM Client. Staff can view station screens in stealth or alert mode and update systems. 1 CM Gateway ENVISIONWARE CENTRAL MANAGEMENT GATEWAY is a single license to create a broker service between the CM Clients on your network, your CM Controls, and EnvisionWare Support via the Internet. + Requires opening one port on your firewall to EnvisionWare's IP address range. Subtotal $165.00 $165.00 $130,345.00 1 24L -PM Indoor ENVISIONWARE TURNKEY PROFESSIONAL SERVICES FOR 24- HOUR LIBRARY- INDOOR INSTALLATION - Remove and Replace Glass Structure where unit will be inserted. This item covers turnkey ProServices labor services as well as added expenses related to indoor installation. The project includes planning, installation and education related to the deployment of a 24 -Hour Library as well as coverage for risks, floor protection and other services related to the movement in an existing structure. ** Consultation and Project Planning ** Implementation/Installation Services ** Training ** A turnkey project is an indication that you have accepted our calculations for a complete installation. EnvisionWare will assume the responsibility for delivering according to customer expectations defined in a Scope of Work that will be developed collaboratively with your staff. You remain responsible for providing timely access, environmental issues, and for ensuring that your resources including systems are virus free and in complete working order. ++ This price does not include any of the fixed travel cost items for onsite visits 3 PS-EXPFF-U 1st Day ENVISIONWARE PROFESSIONAL SERVICES - FLAT FEE FOR EXPENSES - First of Every Five Days Onsite. No partial days. This information is confidential and proprietary to EnvisionWare, Inc. 111111111111111131111111 IIIIIIII - $26,500.00 $26,500.00 $975.00 $2,925.00 63 ENV1 f e4NWARE Enriching Public Library Service Inside and Out lEnvisionWaare,. Inc. 2855 Premiere Parkway Suite.A, Dututh, GA 30097-5201 Toll Free +1(800) 216-8370 Direct +1 (678) 382=6500 Quotation US -54113 10/9/2019 Qty Item / Description PS-EXPFF-U Additional Day ENVISIONWARE PROFESSIONAL SERVICES - FLAT FEE FOR EXPENSES - Additional Days After First. Maximum (4) additional days before an additional First day is required. Ship To Unit Price Amount $250.00 $2,000.00 SUBTOTAL Services $31,425.00 SUBTOTAL for EnvisionWare Professional Services Subtotal $161,770.00 Freight charges are estimated; actual charges will be billed. Freight $5,000.00 Send your purchase order or email confirmation to: Total Tax $0.00 EMAIL: orders@envisionware.com I FAX: +1 678.382.6501 Standard terms and conditions apply: http://system.envisionware.com/terms PST -CA This information is confidential and proprietary to EnvisionWare, Inc. II 111111111191 1311111111 111 US-5411 Total $166,770.00 64 IMAGE OF STATE-OF-THE-ART VENDING LIBRARY SYSTEM RENDERING OF PLACEMENT OF ENVISIONWARE 24-HOUR LIBRARY SYSTEM WITHIN THE INTERGENERATIONAL RECREATION CENTER 65 10/15/2019 Item 12.C.1. 10/15/2019 Item 12.C.1. INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources DEPARTMENTAL BCC Meeting 10/1512019 Date: To: October 7, 2019 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Jones' Pier Conservation Area Public Use Improvements — Project Update, Florida Division of Historical Resources Grant Completion and Request to Apply for Additional Funding DESRIPTIONS AND CONDITIONS For the past two and a half years, staff has been working on the development and implementation of a plan to provide storm repair damages, public access improvements, and lagoon water quality enhancements at the Jones' Pier Conservation Area (Jones' Pier CA). The 16.5 acre conservation area was purchased in 2008 with a $3.1M cost -share grant from the Florida Communities Trust. The total purchase price was $6.8M and the project was a priority acquisition through the County's Environmental Lands Program. The property was purchased to protect the historically significant site as well as to provide environmental protection on the barrier island. After Hurricane Matthew in 2017, it became clear that the County would need to expand the management plan efforts identified to include protection of the site from future storm surge, which became a pivotal point in the design and development of the public access improvements. During this time period the County has increased the focus of projects that provide water quality benefits to the Indian River Lagoon through Lagoon Legacy Projects. The planned improvements for the Jones Pier CA project were modified to maximize water quality benefits in addition to providing public access amenities. The resulting engineering and design for the project includes a 4 -acre saltmarsh with boardwalks, parking area with pavilion and restroom, restored hydric hammock, 100 foot living shoreline, 1+ mile hiking trail along the perimeter of the site, and elevating the 1920s Bungalow Cottage. Hurricane related repairs to both the Bungalow Cottage and the adjacent, smaller house are currently underway. This update is to provide the Board with an overview of the current status of the project. In addition, staff will provide the Board with information regarding the successful completion of the 2018 Florida Division of Historical Resources Small Matching Grant that was completed in July 2019. CURRENT STATUS OF PROJECT ELEMENTS JONES' PIER CONSERVATION AREA PUBLIC SERVICE VIDEO #1 Staff contracted with Verola Media to create the first in a series of public service announcements for the improvements developing at the Jones' Pier CA. This video will be available on Channel 27, on the County's website, Conservation Facebook page, and at other locations that request the video, i.e. Chamber of Commerce, Indian River Historical Society, etc. 66 Page two October 7, 2019 Jones' Pier Conservation Area Public Use Improvements — Project Update, Florida Division of Historical Resources Grant Completion and Request to Apply for Additional Funding 2018 FLORIDA DIVISION OF HISTORICAL RESOURCES SMALL MATCHING GRANT In August 2018, the Board approved the Division of Historical Resources Small Matching Grant for the Jungle Trail Greenway Public Access Improvements. The grant provided up to $27,550 with an equal match from the County to build a replica Fruit Stand and to provide educational information at key sites along the Historic Jungle Trail. The Jungle Trail is listed on the National Register of Historic Places, and the Jones' Pier CA is contributing structure, and also qualifies for consideration to be listed on the National Register as a Historic District. The grant funds were utilized to design and build a replica of the historic Fruit Stand which dated back to the 1920s/early 1930s. Design and construction of a replica was necessary as the original structure had been significantly modified and was in a state of disrepair. The Fruit Stand will serve as an anchor point along the Historic Jungle Trail, providing historical and environmental education exhibits for visitors to the site and passerbys along the trail. In addition, the grant provided the production of an educational brochure and 8 educational exhibits at key locations including Pelican Island National Wildlife Refuge (both North and South entrances), Jungle Trail (at County Road 510), Captain Forster Hammock Preserve, Jones' Pier CA, Historic Bridge Tender's Site, the Kroegel Homestead and the Archie Smith Fish House. The educational displays provide connectivity between the County's various lagoon front Conservation Areas and provides educational information along the Historic Jungle Trail and Working Waterfront in Sebastian. The grant was successfully completed under budget with a state reimbursement of $26,734.45 and a County cash contribution of $13,169. Approximately $13,500 of in-kind services were provided as a non-cash match. HURRICANE MATTHEW REPAIRS In July 2019, a contract was awarded to complete the necessary storm related repairs to the Main Bungalow Cottage and the smaller concrete block house. The contractor is expected to have all repairs completed by October 31, 2019. HAZARD MITIGATION GRANT FOR ELEVATION OF THE 1920S BUNGALOW COTTAGE The County was provided with Pre -Award approval to hire a contractor to complete necessary engineering for the elevation of the 1930s Bungalow Cottage (Main House). In August 2019, a contractor was hired to and is finalizing the engineering and design for review by the State Historic Preservation Office and Florida Division of Emergency Management. Once those plans have been approved, it is anticipated that the Hazard Mitigation Grant Program Grant will be issued, and staff will bring the :final grant award agreement to the Commission for review and approval. PREPARATION OF BID DOCUMENTS FOR THE PUBLIC USE IMPROVEMENTS AND SALTMARSH WETLAND All engineering and architectural design has been completed for all elements of the public use improvements and natural resource enhancements prosed for the project. Staff is preparing the final bid documents and expects the project to be advertised by November 1, 2019. LIVING SHORELINE PROJECT Staff has received notice from the Florida Fish & Wildlife Conservation Commission (FWCC) that funding is approved for the creation of a living shoreline along the Jones' Pier CA. The FWCC will provide a purchase order to the County for the living shoreline which will be a key demonstration point for 67 environmental education as well as to provide enhanced habitat and shoreline protection along the Indian River Lagoon. CURRENT AND FUTURE GRANT FUNDS Below is a summary of the grant funds awarded for the Jones' Pier CA, including those not yet awarded and future grant applications staff anticipates submitting. Grant Source Description IRC Match Agency Funding Total Funds Status Timeframe Hazard Mitigation Grant Program/Florida Division of Emergency Management Elevate structure $19,675 $59,025 $78,700 - In Review Pending Approval Florida Division of Historical Resources 2018 Small Matching Grant to rebuild fruit stand and create educational exhibits along Jungle Trail $27,550 $27,550 $55,100 Awarded Completed Florida Inland Navigation District Public Access Amenities $130,000 $130,000 $260,000 Awarded In Progress 9/30/2021 Indian River Lagoon National Estuary Program Resource enhancement— Salt Marsh Wetland $61,000 $61,000 $122,000 Awarded In Progress 9/30/2020 Florida Department of Environmental Protection — Coastal Partnership Initiative Resource enhancement — Salt Marsh Wetland $0 $50,000 $50,000 Using Existing IRLNEP match- Awarded In Progress December 31, 2020 Florida Fish & Wildlife Conservation Commission - MEHRMA Resource enhancement — Living Shoreline $0 $27,300 $27,300 Using Existing IRLNEP match -App submitted November 2018 Pending Purchase Order Florida Division of Historical Resources 2019 Stabilization of House/Museum Planning $10,725 $10,725 $21,450 In Review TBD Florida Inland Navigation District Waterways Assistance Program 2020 Museum Improvements/ Educational Displays TBD TBD TBD Due March 2020 Propose to apply State Water -quality Assistance Grant/Federal Clean Water Act 2020 Educational Displays TBD TBD TBD Due April 2020 Propose to apply 68 FUNDING Funding for the Jones' Pier Conservation Area improvements in the amount of $826,000 is outlined in the Capital Improvements Element of the Comprehensive Plan, approved on December 4, 2018. This includes funding sources from grants, Optional Sales Tax, the Upland Mitigation Fund, and the Windsor Properties Exchange Donation. Additional funding for the elevation of the house and future renovations are identified and funded separately through the Sebastian Harbor Preserve FCT Grant Fund 145, Optional Sales Tax, DHR Small Matching Grant, and the Hazard Mitigation Grant Program in the amount of $265,000. Should additional funding be necessary, revisions will be made to the 2019 Capital Improvement Plan in December 2019. STAFF RECOMMENDATION Staff requests authorization to apply for funding through available grant sources (including the Florida Inland Navigation District's 2020 Waterways Assistance Program) to repurpose the 1920s Bungalow Cottage/Main House as a museum with associated educational exhibits focused on historical and environmental education. APPROVED AGENDA ITEM FOR OCTOBER 15, 2019 69 10/15/2019 Item 12.C.2. Jones' Pier Conservation Area n 16.5 acre historical/environmentally significant site on Historic Jungle Trail a Purchased by Indian River County September 2008 - $6.8M n 45% Cost -share Partner Florida Communities Trust/Management Plan and Grant Award approved April 2008 o Public use improvements an integral part of the management plan and requirements for FCT Grant 10/15/2c it lt��1;E5 'st �i�li >;4th 10/1$/20.9 Orchid s, - ,.o..a,n. pier wetland Restoration ,lont'S1 1A)catitm Map 510 *-� Jones' Pier s_... A Location as -1 t.lunidpal • .I Bandanas JtriinTs' Ptxa Ct)NSl tVJtTON► 1At a rnlcsX ` L� -` ' trn At ►� • 16.5 Fres J ��'5; ,, . • Along the Eastern '�"" "" "- shore of the = Indian River % Lagoon - Class II a..-. :. � host. Waters .: River ,:! t x 4, a,. 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Jones' Pier Conservation Area Improvements ONE LAGOON LORIDA OLPAIDTArLO Of STATT 33 3 3 3 It 0 1 , * STATE OF FLORIDA • DIVISION OF HISTORICAL RESOURCES • FLORIDA DEP • COASTAL PARTNERSHIP INITIATIVE * FLORIDA FWCC • MARINE/ESTUARINE HABITAT RESTORATION MONITORING & ASSESSMENT (MEHRMA) • INDIAN RIVER LAGOON COUNCIL • NATIONAL ESTUARY PROGRAM • FLORIDA INLAND NAVIGATION DISTRICT • FLORIDA DIVISON OF EMERGENCY MANAGEMENT • HAZARD MITIGATION GRANT 10/1 9 Ing@RAM 1111110=7411r4M471r950"—.....412-71flarI477221' 8 WAYSIDE EXHIBITS REPLICA FRUIT STAND 5,000 BROCHURES 10/15/ 4.".Y71.417, (pq 4 10/15/2019 Item 12.C.2. 10/15/2019 Item 12.C.2. - 6 10/15/2019 Item 12.C.2. ONF L0,04.41>r • L)M v&C$ SALTMARSH WETLAND em 2:C 2. •ux .(r4.;./j;.,/ • +wif /,r _i - e :r M ~T ONE LAGOON 77771= Qri La�+t•au•. ,,el , 0 .,r..=p SALTMARSH WETLAND & HAMMOCK RESTORATION ='_••- 10/15/201i»a::5`.2: "W s trt. k,, ash s«,w ,..: Ct truer cARTrA txc 10/15/2019 Item 12.C.2. Jones' Pier Conservation Area Living Shoreline Enhancement Project Figure 4 — Cross Section & Proposed Plantings Meant -4)h Wates oSN ANp 10/15/2019 Item Planting Summary }ow Uar1R Dulfet zone Juncos. roemea tows IMe*Acru%h) Spar linaattentlkva (Cardsresi) n 1 trituir^ CI Jr1Dri 111.1r Spntly alreri,7am Oktkhis fpM:a (S.IWW ee ) sdrrttlru/iaresceas(Sea-oseyc rtthy) Uniaed Zeno Spar rim fteF/era narkh%o Jrulnmre ttePonrhus deb 9s (Noe soMtower) Gerard:2pukhefa newer) 06ritflFs spta ipsmoe pts caprr_ (P.atwd Nne) 10/15/2019 Jones' Pier Conservation Area Improvements w.S„ i1t ;a a ONE LAGOON • • STATE OF FLORIDA • DIVISION OF HISTORICAL RESOURCES • •FLORIDA DEP • COASTAL PARTNERSHIP INITIATIVE FLORIDA FWCC • MARINE/ESTUARINE HABITAT RESTORATION MONITORING & ASSESSMENT (MEHRMA) INDIAN RIVER LAGOON COUNCIL • NATIONAL ESTUARY PROGRAM • FLORIDA INLAND NAVIGATION DISTRICT l' , FLORIDA DIVISON OF EMERGENCY MANAGEMENT • HAZARD MITIGATION GRANT PROGRAM (0q 8 10/15/2019 Item 12.C.2. 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N w tCtV• ► „�s r � 5o.g°QK('A w w Orr, a . w A oo a• p, Y (�r'* r0*' s C7 A w, as ri„.d oo a arpn �. Gy CD .2G1 1 t P CD VA O< v or• .�t', ITEM 14.A.I, OCTOBER 15, 2019 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 9, 2019 SUBJECT: Appointment of Commissioner Joseph E. Flescher to the 2020 Indian River County Canvassing Board FROM: Bob Solari, Chairman The Indian River County Supervisor of Elections office will be conducting a Primary Election on August 18, 2020, and General Election on November 3, 2020. As per the Supervisor of Elections (see attached), "If the chair (of the BoCC) is unable to serve (on the Canvassing Board), the replacement shall be one of the Board's members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed." I am unable to serve due to being an active participant in the campaign of another candidate. Therefore, I'm requesting the Board approve the appointment of Commissioner Joseph Flescher, plus a suitable alternate, to the County Canvassing Board for these elections. Furthermore, I request the Board authorize out-of-town travel for Commissioner Flescher to attend the Canvassing Board Workshop on Friday, October 18, 2019, in Orlando, Florida, plus any subsequent travel directly associated with his Canvassing Board duties, effective through the completion of the 2020 election cycle. Thank you Attachment: Memorandum dated May 30, 2019, from Leslie R. Swan, Supervisor of Elections, Indian River County 70 Leslie R. Swan Supervisor of Elections Indian River County MEMORANDUM TO: Chairman Solari, Vice -Chairman Adams, Commissioner O'Bryan, Commissioner Flescher, Commissioner Zorc FROM: Leslie Swan, Supervisor of Elections DATE: May 30, 2019 SUBJECT: FSASE 2020 Canvassing Board Workshop For the upcoming 2020 Election Cycle, the county canvassing board shall oversee all elections. The county canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners. Enclosed is the registration packet for the Florida State Association of Supervisors of Elections (FSASE) 2020 Canvassing Board Workshop. The Workshop has been scheduled for Friday, October 18, 2019 at the Double Tree by Hilton (Orlando Airport). Check-in opens at 9:00 a.m. and the workshop begins at 10:00 a.m. and concludes at approximately 3:30 p.m. Due to the fact that the Canvassing Board Workshop is taking place prior to the selection of the new chairman of the BOCC, I am providing all five county commissioners with this information packet. As a reminder, the Chairman of the Board of County Commissioners is ineligible to serve on the County Canvassing Board if any of the following restrictions apply: • The chair is a candidate who has opposition in the election being canvassed • The chair is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed If the chair in unable to serve, the replacement shall be one of the board's members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. An alternate canvassing board member must also be appointed. The alternate member shall be appointed by the chair of the board of county commissioners and must follow the same guidelines for all other county canvassing board members. In 2020, there will be three scheduled elections as follows: Presidential Preference Primary — March 17, 2020 Primary Election — August 18, 2020 (pending the Governor's signature - SB7066) General Election- November 3, 2020 4375 43rd Avenue • VeraBeach FL 32967 1 Office. 17721226-3440 1 FAX! _L7.7.21770-S3h.7_a.vnrwsw.ttar.ei:ndi Memorandum Page Two (2) With the intense scrutiny that all Canvassing Board and Election. Officials are being subjected to, attendance is strongly encouraged. Please contact the Elections Office at 772-226-3440 by August 1, 2019 if you are interested in attending the Workshop, your registration fee will be paid by the Supervisor of Elections. There is space available in the Elections Office van for anyone wanting transportation to and from the Canvassing Board Workshop. 72