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HomeMy WebLinkAbout02/18/2020 (4)BOARD OF COUNTY / COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 18, 2020 - 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 Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 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 AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Steve Jones, Vero Christian Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Introduction of School District of Indian River County Superintendent, Dr. David Moore 5.B. Presentation of Proclamation Honoring Major Milo Thornton of the IRC Sheriffs Department Attachments: Proclamation 5.C. Presentation of Proclamation Honoring Brother Jimmy Mackey Attachments: Proclamation 6. APPROVALJOF MINUTES February 18, 2020 Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Manufacturing Boot Camp Attachments: Commissioner's Memorandum Manufacturing Boot Camp 8. CONSENT AGENDA 8.A. Checks and Electronic Payments January 31, 2020 to February 6, 2020 Attachments: Finance. Department Staff Report 8.B. Memorandum of Agreement Between Indian River County and Indian River Land Trust, Inc. Attachments: Staff Report Lagoon Greeway MOA with County Lagoon Greenway Plan Aerial 8.C. Jones' Pier Conservation Area Public Use Improvements - Work Order Number 3 Jones' Pier Conservation Area Construction Administration Services Attachments: Staff Report Work Order #3 Exhibit A 8.D. Resolution of Support for the Florida Department of Transportation Grant Application to Construct the I-95 Interchange at Oslo Road Attachments: Staff Report Resolution 8.E. Request to Approve the Community Development Block Grant (CDBG) Applicant List for Conflict of Interest Attachments: Staff Report CDBG-Rehab Applicant Ranking List HAP Conflict of Interest Policy Code of Federal Regulations 570.489 Conflict of Interest Form 8.F. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard Inc. to Provide Interfacility Transportation Services Attachments: Staff Report Renewal Application February 18, 2020 Page 2 of 6 8.G. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for 49th Street/Lindsay Road From 58th Avenue to 31st Avenue and Construction Engineering Inspection (CEI) Services Project No. IRC -1414, FM No. 436850-1-54-01 Attachments: Staff Report Authorizing Resolution FDOT (SCOP) Supplemental Agreement No. 1 8.H. Approval of Work Order No. 5 with . GK Environmental, Inc. for Osprey Acres. Floway and Nature Preserve Nine -Month Plant Maintenance, Exotic Control, and Plant Replacement Attachments: Staff Report Work Order 5 Exhibit A to Work Order 5 8.I. Resolution Cancelling Taxes on Property Acquired by Indian River County for Public Purpose Attachments: Staff Report Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie . R. Swan: Request for Matching Funds for a Federal Election Cybersecurity Grant Where the Funds Will Come Out of the FY 2019-2020 Supervisor. of Elections' Budget Attachments: Letter from Supervisor of Elections Leslie R. Swan Certification 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to speak from Gholam Reza Torkaman regarding utility lein at 8476 63rd Ave Attachments: Public_Discussion_Request Torkaman 10.B.2. Request to Speak from George Glenn Jr., Ken Grudens, Dan Lampson, and David Cox re: 2020 Conservation Bond Referendum Attachments: Public_Discussion_Request BCC Memo TPL 3 vkg TPL ConFin proposal 2-20 D2 ATTACHMENT 1 Draft TA letter 1-20 ATTACHMENT 2 C. PUBLIC NOTICE ITEMS February 18, 2020 Page 3 of 6 10.C.1. Notice of Scheduled Public Hearing to Consider Citrus Hideaway Subdivision Water Assessment Project in Indian River County, Florida (Legislative) Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for March 3, 2020 to Consider Adopting an Ordinance to Enact Chapter 106 (Real Property Disposition Procedures) of the Code of Indian River County - Legislative Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Condemnation, Demolition and Removal of Unsafe Structure Located at 530 13th Place (tabled from the December 10, 2019 County Commission meeting) Attachments: Staff report Staff report presented to BCC 12/10/2019 BCC 12/10/2019 draft minutes Exterior photos 12/15/2019 CEB 1/27/2020 draft minutes Renovation time estimate 12.A.2. Consideration of Affordable Housing Advisory Committee Recommendations Attachments: Staff Report AHAC Recommendations AHAC Detailed Discussion B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Update on Online Vehicle Auction and Additional Surplus Approvals Attachments: Staff Report List for 021820 Agenda February 18, 2020 Page 4 of 6 12.E.2. 2020/2021 Budget Workshop/Hearing Schedule Attachments: Staff Report F. Public Works G. Utilities Services 12.G.1. CR -510 Utility Design Agreement a.k.a. Utility Design by FDOT Consultant Agreement Attachments: Staff Report Utility Design Agreement 405606-3-36-1 Utility Design Agreement 405606-4-36-1 13. COUNTY ATTORNEY MATTERS 13.A. Indian River County et al., v. United States Department of Transportation, et al. Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. Indian River Land Trust Conservation Lands Feasibility Study Attachments: Commissioners Memo 14.A.2. Discussion of a $400 Authorization for Seven Vinyl Banners Encouraging Participation in the 2020 Census Attachments: Commissioner's Memorandum Cost Quote B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District Attachments: Staff Report Affiliation Agreement B. Solid Waste Disposal District February 18, 2020 Page 5 of 6 15.B.1. Award of Bid 2020028 - Transportation of Recyclables from Indian River County to St. Lucie County Attachments: Staff Report Bid Tab 15.B.2. Final Payment to Mr. Mulch for the Yard Waste Processing Services ,l Attachments: Staff Report Final Invoice from Mr Mulch & Insurance Back -Up 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. February 18, 2020 Page 6 of 6 5. B. PROCLAMATION HONORING MAJOR MILO THORNTON OF THE INDIAN RIVER COUNTY SHERIFF'S OFFICE WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Major Milo Thornton was born on the Treasure Coast on February 13, 1978, and became a permanent resident of Indian River County in 1994 before graduating from Sebastian River High School and earning associate and bachelor's degrees from Indian River State College; and WHEREAS, after beginning his law enforcement career in 1997, Milo joined the Indian River County Sheriff's Office as a patrolman and was swiftly promoted through the ranks of sergeant, lieutenant, and captain, until achieving the rank of major in 2019; and WHEREAS, Milo is a graduate of the Command Officers Development Course at the University of Louisville's Southern Police Institute; a graduate of The Florida Department of Law Enforcement Leadership Academy; and a member of the International Association of Chiefs of Police; and WHEREAS, Milo has served as an adjunct instructor at the Indian River State College Public Safety Training Complex for 14 years, teaching topics such as Introduction to Law Enforcement, Criminal Investigations, Crime Scene to Court Room, Interviewing & Report Writing, and. Advanced Studies in Organized Crime; and WHEREAS, Milo further contributes to his community as a volunteer board member on several non-profit and charitable organizations, and as a member of the Sunrise Rotary of Vero Beach. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Major Milo Thornton have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts and trailblazing career with the Sheriff's Office. Adopted this 18th day of February, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari PROCLAMATION HONORING BROTHER JIMMY MACKEY WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Brother Jimmy Mackey was born in The Bahamas on July 5, 1918, arrived in Indian River County in 1944, married Trovata, and was blessed with six children, six grandchildren, and eleven great grandchildren; and WHEREAS, Jimmy was a lifelong contributor to the citrus industry in Indian River County, personally coordinating and providing transportation for local workers who depended upon his efforts to make a living for their families; and WHEREAS, Jimmy continued his tireless efforts beyond the citrus season, driving busloads of workers to Virginia to assist with apple harvesting in the summer and fall months; and WHEREAS, on such a trip in 1965, Jimmy visited St. Paul A.M.E. Church in Mount Airy, North Carolina, and returned with the idea of starting a local Choir's Union; and WHEREAS, with the help of Sister Eunice Jones, Jimmy established the Indian River County Choir's Union, was elected its first Vice President, and thus began a cherished, 55 -year tradition in Indian River County that continues to this day. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Brother Jimmy Mackey have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts. Adopted this 18th day of February, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 70 A- February 18, 2020 Item No. 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 10, 2020 SUBJECT: Manufacturing Boot Camp FROM: Peter O'Bryan Commissioner, District 4 I would like to inform the Board and interested parties on a week-long Manufacturing Boot Camp geared towards high school, homeschooled, and GED students. Thank you. Peter 3 LAND A GREAT CAREER WITH A LOCAL MANUFACTURER During the week-long Manufacturing Boot Camp, you will tour local manufacturers, participate in hands-on activities to discover a variety of relevant manufacturing skills, and gain valuable interviewing and resume -writing skills. Manufacturing Boot Camp participants will have the opportunity to transition into a full-time, paid Industrial Manufacturing Technician Apprenticeship with Indian River County Manufacturers at the end of the program. PROGRAM DETAILS & REQUIREMENTS -Open to all high school seniors in Indian River County, including those who are homeschooled ore completing their GEDs.e -Boot Camp and manufacturing facility tours run from. May 18-22, 2020, frome 8:00 a.m. to 4:00 p.m. daily.e -Lunch and transportation to and from the manufacturing locations are alsoe provided each day.e INDIAN RIVER COUNTY CHAMBER OF COMMERCE ECONOMIC CEV'EIOPMENT GYAC ;.Nr, i[Ir:. FJ. f I; 1'.f :[t'U CareerSource RESEARCH COAST tDj TREASURE COAST FTXTRITXVITEDFS ASSOCIATION PRESENTED IN PARTNERSHIP BY timiTREASURE COAST TECHNICAL CCLLEGE School District of Indian River County BOYS & GMLS CLUBS OF INOIAN RIVER COUNTY YOUTH GUIDANCE Mentoring & Activities Program 4 CareerSource EMPLOYMENT REP. RESEARCH COAST January 24,2020 ,> Tnemployment rate' he uin the CareerSource Research Coast region (Indian River Martin, and St Lucie counties) was'3 0 percent in Decembe 2019x. T r i ate was,0*7,,p cer entagepoint IoW than the er gion's ,year ago rate of;3percentThelabo4€289210;upr4;420 (+176) overrthe year *' * µ. There were 8,784'unerrmployed residents iri*tf a region„;;„ Florida UNEMPLOYMENT RATE Research Coast 3.0% ,A'F?vi"si .,st"_""t's�„e ,,C"""e`.a 1 .7 ...*.?. 2+. ±C°` The CareerSource Research Coast region contains two metropolitan statistical areas (MSAs) :the Port St. Lucre MSA (Martin and St Lucie counties) and the Sebastian -Vero Beach MSA (Indian River County)'December- 2019, nonagricultural employment in the "combined CareerSource Research Coastt metro "areas was 216,200, an increase of 4,800 jobs (+2.3 percent) over the previous year:;w The majorit' of the nonagricultural employment in the CareerSource Research Coast region was in the Port St Lucie metro area. This metro area accounted for, 159,000 jobs in December 2019, an increaseof 2,800jobs from December 2018 (+1.8 percent). ;The government (+2.5 percent); other services (+2.4 percent); and financial activities (+1.7 percent) industries grew faster in the . . metro area than the statewide over the year percent) in December 2019. • In December2019 onagricultural employment in the Sebastian -Vero Beach MSA was 57,200, an increase of 2,000 jobs (+3.6 percent) over the year.' ' ,:, ' The Sebastian Vero Beach MSA had the fastest annual job growth rate compared to all the metro areas in the state in leisure and hospitality (+6.9 percent) in December 2019. l TheSebastian Vero Beach MSA was tied for the third fastest annual job growth rate compared to all the metro areas in the state trade, transportation and utilities (+2.8 percent) in December 2019. Total Jobs AREA INDUSTRY SECTORS WITH THE MOST JOB GAINS 0 200 400 600 800 1000 1200 1400 ❑ Leisure & Hospitality 0 Education & Health Services ❑ Construction 0 Government 0 Trade, Transportation, and Utilities ® Manufacturing. Next Release Date - March 16, 2020 www.careersourcerc.com An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. AR voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via Florida Relay Service at 711 5 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 6, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 31, 2020 to February 6, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 31, 2020 to February 6, 2020. 6 TRANS NBR 391799 391800 391801 391802 391803 391804 391805 391806 391807 391808 391809 391810 391811 391812 391813 391814 391815 391816 391817 391818 391819 391820 391821 391822 391823 391824 391825 391826 391827 391828 391829 391830 391831 391832 391833 391834 391835 391836 391837 391838 391839 391840 391841 391842 391843 391844 391845 391846 391847 391848 391849 391850 391851 391852 391853 391854 391855 391856 DATE 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 CHECKS WRITTEN VENDOR PAUL CARONE WILLIE C REAGAN LARRY STALEY VERO CLUB PARTNERS LTD DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA MICHAEL JAHOLKOWSKI SYLVESTER MC INTOSH MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN FIVE STAR PROPERTY HOLDING LLC AUGUSTUS B FORT JR GNS REAL ESTATE HOLDINGS LLC HELPING HANDS REAL ESTATE & INVESTMENT CO ALIX DENEAU NKW PIP HOLDINGS I LLC MAXIPLEX LLC STANLEY L JENNINGS SHARON P BRENNAN JANINA M GIORGIO IXORIA LLC DEEP REAL ESTATE INC SHAUNA WALGRAVE A PLUS PROPERTY MANAGEMENT INC' ORCHARD GROVE VENTURE LLC PORT CONSOLIDATED INC STURGIS LUMBER & PLYWOOD CO SUNCOAST WELDING SUPPLIES INC COMMUNICATIONS INTERNATIONAL SSES INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC CHISHOLM CORP OF VERO SAFETY PRODUCTS INC DATA FLOW SYSTEMS INC SEWELL HARDWARE CO INC B G KENN INC DELTA SUPPLY CO GRAINGER KELLY TRACTOR CO GRAYBAR ELECTRIC MCMASTER CARR SUPPLY CO HACH CO TIRESOLES OF BROWARD INC CITY ELECTRIC SUPPLY COMPANY ARMFIELD WAGNER APPRAISAL AND RESEARCH INC NEWMANS POWER SYSTEMS DELL MARKETING LP BAKER & TAYLOR INC MIDWEST TAPE LLC AMERICAN LIBRARY ASSOCIATION K & M ELECTRIC SUPPLY VERO COLLISION CENTER CENGAGE LEARNING INC PALM TRUCK CENTERS INC GO COASTAL INC AMOUNT 1,874.00 1,055.00 593.00 730.00 700.00 1,246.00 856.00 547.00 365.00 1,567.00 1,042.00 830.00 641.00 644.00 1,800.00 750.00 2,889.00 2,159.00 750.00 556.00 885.00 711.00 487.00 950.00 795.00 1,754.00 881.86 603.58 140.25 165,631.20 1,904.35 852.00 141.60 162.98 6,731.90 39.26 1,670.00 44.53 246.21 35.64 2,501.95 1,014.79 569.50 342.63 1,289.23 611.64 39.03 3,400.00 1,477.97 310.00 4,845.93 1,586.46 225.00 63.81 3,439.25 1,014.88 356.67 357.78 7 TRANS NBR 391857 391858 391859 391860 391861 391862 391863 391864 391865 391866 391867 391868 391869 391870 391871 391872 391873 391874 391875 391876 391877 391878 391879 391880 391881 391882 391883 391884 391885 391886 391887 391888 391889 391890 391891 391892 391893 391894 391895 391896 391897 391898 391899 391900 391901 391902 391903 391904 391905 391906 391907 391908 391909 391910 391911 391912 391913 391914 391915 391916 DATE 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 VENDOR AMOUNT SUNSHINE REHABILATION CENTER OF IRC INC 1,750.00 BOYS & GIRLS CLUB OF INDIAN 7,500.00 PING INC 164.33 CITY OF VERO BEACH 1,845.21 INDIAN RIVER ALL FAB INC 965.00 AT&T CORP 114.31 AT&T CORP 94.85 EBSCO INDUSTRIES INC 7,542.19 JANITORIAL DEPOT OF AMERICA INC 532.63 PUBLIX SUPERMARKETS 18.48 PUBLIX SUPERMARKETS 13.25 PUBLIX SUPERMARKETS 13.95 WAL MART STORES EAST LP 156.38 ROGER CLEVELAND GOLF INC 99.55 ACUSHNET COMPANY 6,256.42 GEOSYNTEC CONSULTANTS INC 18,773.63 FEDERAL EXPRESS CORP 13.94 MUNICIPAL CODE CORPORATION 870.51 MELVIN EVERETT 44,500.00 CALLAWAY GOLF SALES COMPANY 2,138.14 SUBSTANCE AWARENESS COUNCIL OF IRC INC 247.00 FLORIDA POWER AND LIGHT 62,985.37 FLORIDA POWER AND LIGHT 3,397.76 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,373.42 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,750.00 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,900.00 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,900.00 B & H FOTO & ELECTRONICS CORP 295.00 TREASURE COAST SPORTS COMMISSION INC 4,029.50 TROY FAIN INSURANCE INC 108.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 4,166.66 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 833.33 TREASURE COAST FIRE CHIEFS 275.00 INDIAN RIVER FARMS WATER CNTRL DIST 1,400.00 KEEP INDIAN RIVER BEAUTIFUL INC 7,427.88 RANGELINE TAPPING SERVICES INC 2,850.00 DONADIO AND ASSOCIATES ARCHITECTS PA 1,000.00 BRIDGESTONE AMERICAS INC 765.18 SHRIEVE CHEMICAL CO 4,060.00 ST LUCIE COUNTY BOCC 3,096.30 ARCADIS U S INC 20,519.90 TRANE US INC 12,051.85 CELICO PARTNERSHIP 1,009.96 CINTAS CORPORATION NO 2 234.40 ELECTRONIC ACCESS SPECIALIST 284.47 BIG BROTHERS AND BIG SISTERS 1,250.00 BIG BROTHERS AND BIG SISTERS 7,393.27 FASTENAL COMPANY 42.89 OTC DIRECT INC 498.03 SOUTHERN JANITOR SUPPLY INC 82.08 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 MASTELLER & MOLER INC 12,060.00 GLOVER OIL COMPANY INC 907.00 LARRY STEPHENS 150.00 ORCHID ISLAND PROPERTY MGMT II INC 725.00 8 TRANS NBR 391917 391918 391919 391920 391921 391922 391923 391924 391925 391926 391927 391928 391929 391930 391931 391932 391933 391934 391935 391936 391937 391938 391939 391940 391941 391942 391943 391944 391945 391946 391947 391948 391949 391950 391951 391952 391953 391954 391955 391956 391957 391958 391959 391960 391961 391962 391963 391964 391965 391966 391967 391968 391969 391970 391971 391972 391973 391974 391975 391976 DATE 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 VENDOR SUNCOAST REALTY & RENTAL MGMT LLC TOTAL TEMPERATURE INSTRUMENTATION INC JOHNNY B SMITH EARLY LEARNING COALITION OF INDIAN RIVER DANE MACDONALD GLOBALSTAR USA REDLANDS CHRISTIAN MIGRANT ASSOC SACHS, BARRY J GUARDIAN COMMUNITY RESOURCE MANAGEMENT CHERYL SCRANTON BILLYS AUTO SERVICE INC KWACKS INC NICOLACE MARKETING INC TAMPA BAY LIBRARY CONSORTIUM FLORIDA ARMATURE WORKS INC OVERDRIVE INC CARROT TOP INDUSTRIES INC BURNETT LIME CO INC ATLANTIC ROOFING II OF VERO BEACH INC LEARNING ALLIANCE PENGUIN RANDOM HOUSE LLC CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC DEBORAH CUEVAS GATOR BUILDING SUPPLY INC REI ENGINEERS INC SKECHERS USA INC COBRA GOLF INCORPORATED MICHAEL EDWARD HAMILTON ANDERSEN ANDRE CONSULTING ENGINEERS INC CATHEDRAL CORPORATION UNIFIRST CORPORATION CDA SOLUTIONS INC SITEONE LANDSCAPE SUPPLY HOLDINGS LLC SITEONE LANDSCAPE SUPPLY HOLDINGS LLC GOTTA GO GREEN ENTERPISES INC FLORIDA EAST COAST HOLDINGS CORP PTE GOLF LLC EAST COAST RECYCLING INC AC VETERINARY SPECIALTY SERVICES MATHESON TRI -GAS INC AQSEPTENCE GROUP INC CANARX GROUP INC COLE AUTO SUPPLY INC RHOADES AIR & HEAT BETH NOLAN SUPERSAFE LIBRARY SECURITY INC FLORIDA BULB & BALLAST INC HARAKH INC NESTLE WATERS NORTH AMERICA STUART RUBBER STAMP & SIGN CO INC CORE & MAIN LP SOMMER PARTNERSHIP WOERNER AGRIBUSINESS LLC TYKES & TEENS INC REXEL USA INC BEST VERSION MEDIA LLC VIKING LANDSCAPING LLC HINTERLAND GROUP INC AMOUNT 663.00 255.00 250.00 1,621.35 250.00 190.44 3,307.64 546.27 3,125.00 630.00 992.32 17,019.08 2,710.00 2,100.00 3,549.40 1,656.85 73.63 9,510.20 22,443.00 50,531.50 45.00 574.00 63.85 30,700.00 150.00 904.80 477.50 696.36 945.58 600.00 6,265.00 1,154.43 1,547.80 2,006.56 542.15 386.19 274.13 9,075.53 399.97 1,991.55 74.23 4,174.96 877.85 5,302.30 58.63 49,798.00 217.00 13,500.00 3,409.60 400.00 153.72 151.31 1,916.00 250.00 146.50 9,625.07 3,337.75 244.00 7,500.00 7,805.00 9 TRANS NBR 391977 391978 391979 391980 391981 391982 391983 391984 39198 391986 391987 391988 391989 391990 391991 391992 391993 391994 391995 391996 391997 391998 391999 392000 392001 392002 392003 392004 392005 392006 392007 392008 392009 392010 392011 392012 392013 392014 392015 392016 392017 392018 392019 392020 392021 392022 392023 392024 392025 392026 392027 392028 392029 392030 392031 Grand Total: DATE 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 VENDOR AMOUNT STATE OF FLORIDA 21.00 RAMONA MURPHY 84.50 AMAZON CAPITAL SERVICES INC 3,705.28 ALAN E RUDD 400.00 VERONIQUE ORY STURIALE 60.00 W&J CONSTRUCTION CORP 211,871.78 ISCO INDUSTRIES INC 1,986.00 PIRATE PEST CONTROL LLC 14.00 AMERIGAS PROPANE LP 3,990.36 METROPOLITAN COMMUNICATION SERVICES INC 246.50 JORDAN POWER EQUIPMENT CORP 568.59 JAMES ROMANEK 300.00 DEANGELO BROTHERS LLC 277.00 PETROTECH SOUTHEAST INC 950.00 MULLINAX FORD OF VERO BEACH 160.03 JUDITH A BURLEY 69.00 AMERICAN AUTO GLASS 295.00 KENNETH FASS JR 200.00 RX INTEGRATIVE SOLUTIONS 200.00 JENNIFER D JAMES 300.00 PIERCE BENDER 500.00 SARAH M DOWELL 150.00 CUBIC CORPORATION & SUBSIDIARIES 1,208.33 INVASIVE PLANT ERADICATORS LLC 751.91 PGL TRUCKING INC 6,793.60 ROOF PAINTING BY HARTZELL 52,228.00 BLUE GOOSE CONSTRUCTION LLC 5,245.53 ORCHARD GROVE VENTURE LLC 900.00 STAPLES INC 24.54 LOWES COMPANIES INC 1,531.48 PEOPLEREADY INC 14,379.52 SMI TRADING LLC 63.69 TAGMARSHAL INTERNATIONAL LIMITED 1,417.80 MILLENNIUM CREMATORY LLC 850.00 TOTAL GOLF CART LLC 124.00 CHRIS ZAVESKY 250.00 SCHOOLS IN LLC 1,535.29 DAVID & TERRI MASSEY 500.00 DKC VERO BEACH SQUARE LLC 175,192.63 JONATHON BOSWELL 100.00 THOMAS CURAVO 65.61 ARTHUR GRAHAM 37.08 FLORIDA WATER & POLLUTION CONTROL 290.00 FLORIDA WATER & POLLUTION CONTROL 290.00 FLORIDA WATER & POLLUTION CONTROL 325.00 FLORIDA WATER & POLLUTION CONTROL 325.00 PHILLIP J MATSON 90.60 JASON E BROWN 550.06 BELA NAGY 240.73 HAMPTON INN 702.00 SCOTT MCADAM 51.50 PETER OBRYAN 122.31 BRIAN FREEMAN 99.60 TIM ZORC 389.31 JAMES MANN 37.20 1,291,013.66 10 TRANS NBR 900277 900278 900279 900280 900281 900282 900283 900284 900285 900286 900287 900288 900289 900290 900291 900292 900293 900294 900295 900296 900297 900298 900299 900300 900301 900302 900303 900304 900305 900306 900307 900308 900309 900310 900311 900312 900313 900314 900315 900316 900317 900318 900319 900320 900321 900322 900323 900324 900325 900326 900327 900328 900329 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/06/2020 02/06/2020 VENDOR GRACES LANDING LTD WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL HAGGERTY FAMILY LTD THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC ADINA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZY J LLC JESSE LEWIS SKOKIE HOLDINGS INC OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 ANTHONY ARROYO DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER THEODORE BARTOSIEWICZ FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW JOHN T STANLEY WEDGEWOOD RENTALS LLC ALMA LUCKETT MCLAUGHLIN PROPERTIES LLC MYRIAM MELENDEZ WATSON REALTY GROUP SHEJI LLC LAWRENCE C SALTER LINDSEY GARDENS SUNQUEST APRTMENTS LLC PJD HOLDINGS LLC ORCHARD GROVE VENTURE LLC NAN MCKAY AND ASSOCIATES INC CANON FINANCIAL SERVICES INC AMOUNT 10,149.00 468.00 11,987.00 18,204.00 584.00 540.00 3,503.00 315.00 377.00 21,784.00 370.00 3,589.00 3,709.00 494.00 367.00 16,767.00 718.00 391.00 7,131.00 4,974.00 345.00 604.00 5,104.00 543.00 1,704.00 678.00 703.00 363.00 1,611.00 688.26 692.00 569.00 20.00 728.00 449.00 591.00 663.00 27,701.00 459.00 776.00 1,726.00 802.00 1,377.00 565.00 2,687.00 439.00 470.00 16,040.00 2,488.00 1,050.00 2,349.00 239.00 241.50 181,885.76 11 TRANS. NBR 1016173 1016174 1016175 1016176 1016177 1016178 1016179 1016180 1016181 1016182 1016183 1016184 1016185 1016186 1016187 1016188 1016189 1016190 1016191 1016192 1016193 1016194 1016195 1016196 1016197 1016198 1016199 1016200 1016201 1016202 1016203 1016204 1016205 1016206 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/31/2020 02/04/2020 02/04/2020 02/04/2020 02/04/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 02/06/2020 VENDOR OFFICE DEPOT INC AT&T CORP COMCAST POLYDYNE INC WASTE MANAGEMENT INC OF FLORIDA PARKS RENTAL & SALES INC INDIAN RIVER BATTERY DEMCO INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC THE EXPEDITER GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE INC TOTAL TRUCK PARTS INC HD SUPPLY FACILITIES MAINTENANCE LTD BARKER ELECTRIC, AIR CONDITIONING RECHTIEN INTERNATIONAL TRUCKS GREAT SOUTHERN EQUIPMENT CO METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC WACO FILTERS CORPORATION SPINNAKER VERO INC L&L DISTRIBUTORS HYDRA SERVICE (S) INC WRIGHT FASTENER COMPANY LLC COUNTY MATERIALS CORPORATION ALLIED DIVERSIFIED OF VERO BEACH LLC NEXAIR LLC EFE INC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUISNESS SOLUTIONS INC AMOUNT 4,062.74 21,499.80 487.81 5,152.00 1,331.48 140.00 1,011.60 25.93 270.00 10.80 1,568.26 10,040.19 137.07 447.24 721.89 882.20 330.03 1,473.12 9,550.00 1,097.61 111.75 457.70 438.72 17,640.00 37.45 1,048.88 2,772.28 660.00 6,419.28 85.00 948.53 232.02 108.00 111.82 91,311.20 12 TRANS NBR 7410 7411 7412 7413 7414 7415 7416 7417 7418 7419 7420 7421 7422 7423 7424 7425 P -CARD Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 01/31/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 02/03/2020 VENDOR AMOUNT CDM SMITH INC 48,492.62 COALITION FOR ATTAINABLE HOMES INC 500.00 CULTURAL COUNCIL OF IRC 7,361.60 TOWN OF INDIAN RIVER SHORES 7,003.43 C E R SIGNATURE CLEANING 8,930.00 KIMLEY HORN & ASSOC INC 3,554.00 ST LUCIE BATTERY & TIRE CO 1,030.00 CLERK OF CIRCUIT COURT 90,887.58 AMERICAN FAMILY LIFE ASSURANCE CO 21,059.72 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 ALLSTATE 175.92 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 38,831.00 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,110.04 FL RETIREMENT SYSTEM 733,326.62 CHARD SNYDER & ASSOCIATES INC 323.60 TD BANK, N.A. 8,045.48 5,449,189.25 13 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources CONSENT AGENDA BCC Meeting 2/18/2020 Date: To: January 28, 2020 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: Amended and Reinstated Memorandum of Agreement (MOA) between Indian River County and Indian River Land Trust, Inc. DESRIPTIONS AND CONDITIONS On November 3, 2009, the Board of County Commissioners approved a Memorandum of Agreement (MOA) with the Indian River Land Trust, Inc. (IRLT) for the purposes of implementing improvements and management assistance for the India River Lagoon Greenway (Greenway). The Agreement outlined duties and responsibilities of each party in regard to the implementation of public use improvements to the Greenway and future management and maintenance activities. Since 2009, the public use improvements were completed and the management/maintenance activities have been implemented per the Agreement. Minor clarifications and modifications have been made to outline the responsibilities of each party, including the following: • County maintenance responsibility is limited to the "Flinn Tract" and contains regular maintenance/management of the parking area and trails. • IRLT, in cooperation/coordination with Indian River Mosquito Control, Florida Inland Navigation District and other parties will assume responsibility of the trail maintenance of the Impoundment Loop Trail, including that portion which lies within the Flinn Tract. • IRLT will provide reports annually to the County of programs and volunteer work completed on the Greenway. • IRLT will comply with Public Records Law with regards to activities/event relative to this MOA. • A termination clause has been added. FUNDING There are no funding impacts relative to this MOA. STAFF RECOMMENDATION Staff respectfully requests that the Board of County Commissioners accept the MOA with the Indian River Land Trust and authorize the Chairman to sign the Agreement on behalf of the Board of County Commissioners upon review and approval of the Agreement by the County Attorney as 14 to form and legal sufficiency, and approval of the required insurance by the Risk Manager. ATTACHMENTS • Amended and Reinstated Memorandum of Agreement Between Indian River County and Indian River Land Trust, Inc. • Attachment A- Parcel Boundaries of the Indian River Lagoon Greenway APPROVED AGENDA ITEM FOR FEBRUARY 18, 2020 15 AMENDED AND REINSTATED MEMORANDUM OF AGREEMENT BETWEEN INDIAN RIVER COUNTY AND INDIAN RIVER LAND TRUST, INC. This Agreement is entered into this day of , 2020 between Indian River County, a political subdivision of Florida, by and through its Board of County Commissioners, (hereinafter referred to as "County" or "OWNER"), and the Indian River Land Trust, Inc., a non-profit corporation registered in the State of Florida (hereinafter referred to as "IRLT"). WITNESSETH: WHEREAS, on November 5, 2009, County and IRLT entered into a Memorandum of Agreement concerning the construction and management of the Lagoon Greenway, which expired on December 31, 2019; and WHEREAS, the construction and public use improvements have been successfully completed and opened to the public for use and enjoyment; and WHEREAS, the parties herein wish to ensure the continuation of the public trail system with access to the Indian River Lagoon (hereinafter referred to as the "Lagoon Greenway") an assemblage of approximately 187 acres of public and private lands situated along the Indian River Lagoon east of Indian River Boulevard in an unincorporated portion of Indian River County; and WHEREAS, a certain parcel of land in the Lagoon Greenway (hereinafter referred to as the "Flinn Tract") was purchased by the County through its Environmental Lands Program with funding assistance from the Florida Inland Navigation District (hereinafter referred to as "FIND"), and the St. Johns River Water Management District (hereinafter referred to as "SJRWMD") both of which hold a 25% undivided interest in the parcel, depicted in Attachment A; and WHEREAS, certain parcels of land in the Lagoon Greenway were purchased by IRLT for conservation of said parcels depicted in Attachment A; and WHEREAS, certain parcels of land in the Lagoon Greenway are owned in fee by FIND which may use such lands to manage dredging materials to maintain the Florida Intracoastal Waterway; and WHEREAS, FIND has agreed to provide a long-term lease for nominal consideration of a portion of its property, for limited recreational and educational use of existing trails and lagoon access points for public use of the Lagoon Greenway; and 16 WHEREAS, certain lands in the Lagoon Greenway are owned by River Park Association LTD Partnership, a private landowner which, as part of its mitigation plans for a condominium development approved by the County, has granted access to its existing impoundment trails for recreational and educational use by the public of said existing trails as part of the Lagoon Greenway; and WHEREAS, certain lands in the Lagoon Greenway are currently managed by the Indian River Mosquito Control District (hereinafter referred to as "IRMCD") by agreements with the respective landowners of the Lagoon Greenway to control the levels of breeding mosquitoes on the property depicted in Attachment A; and WHEREAS, IRLT assisted the County by completing the Lagoon Greenway Plan which identifies the goals and objectives of the Lagoon Greenway trails and related facilities for recreational and educational use; and WHEREAS, the County has incorporated the Lagoon Greenway Plan into the management plan for the Flinn Tract; and WHEREAS, the goal of this cooperative effort is to ensure that the parties collaborate to manage the Lagoon Greenway in a manner that is consistent with respect to the common interest of conserving and protecting the varied habitats and providing for appropriate year-round recreational and educational opportunities, therefore, this Agreement provides for the limited interchange of services, personnel, equipment, and funds to achieve this goal; and WHEREAS, the IRLT provided funding and technical assistance in planning, designing and constructing the trails, boardwalks and facilities of the Lagoon Greenway; and WHEREAS, the IRLT Board of Directors, by unanimous vote, committed to assisting the County with design, development and management of trails and signage and with coordination of educational programs and other technical and stewardship assistance on the Lagoon Greenway and requires an agreement between the County and IRLT to ensure its fiduciary responsibilities are met with regard to the use of cash and other resources of the organization; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do mutually agree as follows. I. Term - The term of this Agreement shall begin on the date first written above and shall terminate on December 31, 2029, unless amended or extended as provided herein. II. Statement of Mutual Agreement It is mutually understood and agreed by the parties that: A. By working together the parties can achieve the mutual goal of successfully managing the Lagoon Greenway. 17 B. Management of the Lagoon Greenway lands for conservation purposes, coupled with recreational and educational purposes is a primary management goal for these lands. C. Equipment owned and used by any cooperating agency under this agreement for which the other is responsible will normally be operated, serviced, and repaired by the owning agency. Exceptions to this practice will be agreed to, in writing, by both parties. D. Additional funding may be needed to achieve the goals set forth in this Agreement. The parties shall work together to seek and leverage funding from private, local, state and federal sources such that it can be maximized for the use, restoration, and management of the Lagoon Greenway lands pursuant to the primary goal for these lands. E. The obligations of all parties herein are subject to the availability of funding, and nothing contained herein shall be construed as binding any party to expend any sum in excess of available private dollars, state and federal grants or appropriations, or to involve any party in any contract or other obligation for further expenditure of money in excess of such grants, appropriations or private allocations. III. Duties of IRLT - IRLT shall have and perform the following duties, obligations, and responsibilities to the County. Al Assist the County where possible to accomplish the goals and objectives of the Lagoon Greenway Plan. B. Assist the County in implementing the natural resources restoration and management of the Lagoon Greenway by: 1) providing consultation and availing itself as a cooperative contact by telephone and through its website for users or nearby residents with questions or concerns; maintaining ongoing records of related events and/or incidents; providing annual reports to the County on issues of management and use; and coordinating volunteer efforts to assist with trail monitoring and clean-ups, minor trail and facility repairs and other similar tasks. 2) providing regular maintenance mowing of the Impoundment Loop Trail in coordination with the IRMCD. C. Assist the County with the provision of nature -based recreational and educational opportunities such as hiking, bird watching, and nature -appreciation walks by recruiting partner organizations and participants, and promoting and coordinating these opportunities within the community. D. Provide assistance with the design of signage for recognition of IRLT, the County, agency partners and public and private funders, and to regularly cooperate and communicate with the County, FIND, IRMCD, SJRWMD and other appropriate agencies any information pertinent regarding the Lagoon Greenway. D. Comply with Project Records requirements (Attachment C). 18 IV. Duties of the County - The County shall have and perform the following duties, obligations, and responsibilities to IRLT. A. Continue to implement the management plan for the Olso Riverfront Conservation Area (including the Flinn Tract), approved by the Board on November 3, 2009, with consideration to the long-term management of non -County parcels within the Lagoon Greenway. B. Maintain a long-term lease for nominal consideration with FIND for limited recreational and educational use of its existing trails and lagoon access by the public and for emergency vehicle access. C. Work with IRLT to submit requests to FIND, the Florida Recreational Trails Program, and other state and federal government grant programs as appropriate to maintain and/or improve the trail system within the Lagoon Greenway. D. Collaborate with IRLT and others to provide on-site signage that appropriately recognizes IRLT, the County, agency partners and public and private funders of the Lagoon Greenway, and to generally promote the project using currently available means (e.g. website). E. Provide ongoing management and maintenance of trails, parking and facilities located on the Flinn Tract. F. Collaborate with IRLT, FIND, IRMCD, and SJRWMD to ensure adequate management of trails and signage located outside of the Flinn Tract and to communicate with IRLT any pertinent information regarding the Lagoon Greenway. V. Notice - Except as otherwise provided in this Agreement any notice pursuant to Section VI and VII herein from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and IRLT are: IRC: Asst. Director Parks & Conservation Resources Indian River County 5500 77th Street Vero Beach, FL 32967 IRLT: Executive Director Indian River Land Trust 80 Royal Palm Pointe Suite 301 Vero Beach, FL 32960 VI. Amendments - The parties may amend this Agreement only by mutual written agreement of the parties. 19 VII. Assignment of Interest - Neither party will assign or transfer any interest in this Agreement without prior written consent of the other party. VIII. Insurance — County represents that it is self-funded or insured for liability insurance. IRLT will procure and maintain insurance for its responsibilities on all Lagoon Greenway properties throughout the entire term of this Agreement as described in Attachment B. IX. Independent Contractor - In the performance of this Agreement, IRLT is acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venturer, or associate of the County. IRLT is solely responsible for the means, method, technique, sequence, and procedure utilized by IRLT in the full performance of this Agreement. X. Project Records - The County is a public agency subject to Chapter 119, Florida Statutes. IRLT shall comply with Florida's Public Records Law. The IRLT shall comply with Public Records Law (Attachment C) with regard to activities/events relative to this MOA. XI. Termination - The County and the IRLT shall have the right to terminate this MOA with or without cause and thereby end any and all obligations, except those set forth in X above created by the MOA upon 120 calendar days' written notice to the other party. TERMINATION IN REGARDS TO F.S. 287.135: IRLT certifies that it and those related entities of IRLT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, IRLT certifies that it and those related entities of IRLT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Agreement if IRLT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Agreement if IRLT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 20 INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER LAND TRUST, INC. By: Susan Adams, Chairman Indian River County Board of County Commissioners ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: Dylan Reingold, County Attorney APPROVED: Jason E. Brown, County Administrator By: Ken Grudens, Executive Director Attest (by corporate officer) BY: PRINT: 21 ATTACHMENT B: INSURANCE REQUIREMENTS IRLT shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by IRLT, its agents, representatives, employees or subcontractors as follows: COMMERCIAL GENERAL LIABILITY Coverage shall be afforded under a per occurrence form policy for limits not less than $1,000,000 combined single limit. AUTOMOBILE LIABILITY Coverage shall be afforded including coverage for all owned vehicles, Hired and Non -Owned vehicles for Bodily Injury and Property Damage of not less than $1,000,000 combined single limit each accident. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY Coverage to apply for all IRLT employees at STATUTORY limits in compliance with applicable state and federal laws. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: A. Commercial General Liability and Automobile Liability Coverages a. The Indian River County Board of County Commissioners, its officials, employees and volunteers are to be covered as Additional Insured. B. Worker's Compensation and Employer's Liability Coverages The insurer shall agree to waive all rights of subrogation against the County, for losses arising from work performed by IRLT for the County. C. All Coverages IRLT shall provide a Certificate of Insurance to the County with a thirty (30) day notice of cancellation. 22 ATTACHMENT C: PUBLIC RECORDS REQUIREMENTS A. The County is a public agency subject to Chapter 119, Florida Statutes. IRLT shall comply with Florida's Public Records Law. Specifically, the IRLT shall: (1) Keep and.maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. (3) 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 County. (4) Upon completion of the agreement, transfer, at no cost, to the County all public records in possession of IRLT or keep and maintain public records required by the County to perform the service. If the IRLT transfers all public records to the County upon completion of the agreement, the IRLT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the IRLT keeps and maintains public records upon completion of the agreement, it shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF IRLT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO IT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the IRLT to comply with these requirements shall be a material breach of this Agreement. 23 Attachment A 12TH ST' +/' ��� 7 i ''Vs..". :. , oo " s �' C�NCS«._ j ` ,, U • y` f MONACO PL 117$,11AN[F21VE� -/ApARTMENTS.PO i.rJT2icA, fi1;J��;Ei I E{!I ERGENCWACC ES S y ROAD' .47=747/91 /I C'1�-�i1�G7liIl7�1 GREENWAY PLANNNG AREA Ii'. LAGOON GREENWAY PARCEL OWNERSHIP EMERGENCY ACCESS ROAD Existing Amenities 1 PARKING KIOSK EDUCATIONAL SIGN BENCH BOARDWALK TRAILS 0 250 500 1,000 Feet RIVER PARK � I v J lr )s li3rrl'.'.�1 �s;aut�r� IiJ , A Path: U:\Projects\Parks\2020 0122_LagoonGreenwayPlan_Map1Lagoon reenway Ian_ x11_Aenal.mx 1 Map b ate: /4/2 0 I INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division I CONSENT AGENDA BCC Meeting 2/18/2020 Date: To: January 31, 2020 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget Kevin Kirwin, Director, Parks and Conservation Resources From: Beth Powell, Asst. Director, Parks and Conservation Resources Subject: Jones' Pier Conservation Area Public Use Improvements — Work Order Number 3 Jones' Pier Conservation Area Construction Administration Services BACKGROUND: On October 15, 2019, staff provided an update to the Board regarding the improvements for the Jones' Pier Conservation Area including the design and engineering for the public use improvements and saltmarsh wetland. The construction of the project was awarded to XGD Systems, Inc. on January 7, 2020, and the Agreement was executed by all parties. Due to current project workloads and staffing limitations within the Public Works Department, it is necessary to contract professional construction administration services for this project to assist with technical items such as: • Coordination of project meetings and scheduling • Coordination with other project consultants • Review of contractor's submittals and shop drawings with follow-up recommendations • Review and coordination of necessary on-site testing • Review as -built survey (to be provided by contractor) for compliance with approved plans • Confirmation of work performed and review of pay requests On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements (RFQ 2018008). Carter Associates, Inc. is the design engineer of record for the 4 -acre Saltmarsh Wetland and was also hired to provide bid document preparation and assist with the bidding process for both phases of the project. Based on their familiarity with the project, staff determined that Carter Associates, Inc. would be the most appropriate firm to assist with construction services for all phases of the project, with exception of the Pavilion/Restroom. Staff will work with the project architect to provide additional services as needed in relation to that building. Carter Associates, Inc. provided staff with a proposal (Attachment A and Exhibit A) for the services listed above. These services will be provided to completion of the project as outlined in the proposal. Carter Associates, Inc., in close coordination with County staff, will serve as the primary point of contact with the general contractor on behalf of the County. 25 FUNDING: Funding for this Work Order Number 3 is funded through the project budget allocated in the updated Comprehensive Plan, Capital Improvements Schedule adopted December 3, 2019. RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 3, Jones' Pier Conservation Area with Carter Associates, Inc. under the Continuing Consulting Engineering Services Agreements - RFQ 2018008 in the amount of $30,335.00, and authorize the Chairman to execute Work Order No. 3 after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Attachment A — Work Order Number 3, Carter Associates, Inc. Exhibit A - Work Order Number 3, Carter Associates, Inc. — Continuing Engineering Services RFP 2018008 — Jones' Pier Conservation Area Construction Administration Services DISTRIBUTION: Carter Associates, Inc. AGENDA ITEM FOR FEBRUARY 18, 2020 26 Description Account Number Amount Work Order #3 Jones' Pier Preserve Public Access Improvements — Windsor Properties Exchange Donation 00421072-066510-18010 $30,335.00 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 3, Jones' Pier Conservation Area with Carter Associates, Inc. under the Continuing Consulting Engineering Services Agreements - RFQ 2018008 in the amount of $30,335.00, and authorize the Chairman to execute Work Order No. 3 after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Attachment A — Work Order Number 3, Carter Associates, Inc. Exhibit A - Work Order Number 3, Carter Associates, Inc. — Continuing Engineering Services RFP 2018008 — Jones' Pier Conservation Area Construction Administration Services DISTRIBUTION: Carter Associates, Inc. AGENDA ITEM FOR FEBRUARY 18, 2020 26 WORK ORDER NO. 3 Jones' Pier Conservation Area Project Construction Administration Services This Work Order No. 3 is entered into as of this day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17th day of April, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work and Budget), attached to this Work order and made part hereof by this reference. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CARTER ASSOCIATES, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Name: Title: Date: By: Susan Adams, Chairman BCC Approved Date: ATTEST: APPROVED: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk (SEAL) By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney 27 PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES for INDIAN RIVER COUNTY PARKS & CONSERVATION RESOURCES JONES' PIER CONSERVATION AREA PROJECT CONSTRUCTION ADMINISTRATION SERVICES SECTION 1: SCOPE OF SERVICES The following scope of services is based on a construction duration of six months (i.e. ending July 31, 2020). Construction beyond this period may require additional fees. TASK 1 —ADMINISTRATIVE TASKS • Attend pre -construction meeting with the contractor and Indian River County representative(s). • Attend weekly progress meetings for the duration of construction. (Construction duration estimated at 6 months from Notice to Proceed issued to contractor - i.e. approximately 26 meetings assumed). • Review contractor's preliminary schedule at first weekly meeting. Monitor construction progress and coordinate with contractor to provide schedule updates for duration of construction. Provide schedule updates to Indian River County. • Coordinate with other design consultants (MBV, Dansco, Donadio) for required inspections or plan clarifications. • Respond to contractor Request for Information (RFI's) and provide construction clarifications as needed. • Review contractor's submittals and shop drawings and make recommendations. • Review density tests and geotechnical reports. • Consult with Indian River County for any change order requests. • Review Pay Requests from the contractor and submit to the Indian River County following approval. TASK 2 —SITE INSPECTIONS • Provide silt fence and erosion control device inspection. • Coordinate with contractor for MOT plan during Jungle Trail closing. • Conduct regular periodic construction observations/inspections (average 3 site inspections per week) to verify that the construction is proceeding in accordance with the plans and specifications. • Attend milestone inspections including pump station start-up, water main pressure tests, etc. TASK 3 —PROJECT CLOSEOUT • Conduct final inspection(s) and prepare punch list of work deficiencies. • Review as -built survey (to be provided by contractor) for compliance with approved plans. • Review phase 1 final certifications to Indian River County, St. Johns River Water Management District, etc. (Note: Phase 2 certifications are included in construction services approved with previous purchase order #82250-00) 28 SECTION 2: ENGINEERING SCOPE ASSUMPTIONS: In developing this Scope of Services, ENGINEER represents to the INDIAN RIVER COUNTY that the following assumptions have been made and that deviation from these assumptions may require additional work and compensation on behalf of INDIAN RIVER COUNTY to the ENGINEER. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of INDIAN RIVER COUNTY. 2. Building inspections related to the restroom/pavilion or any other building structure is not included and assumed to be the responsibility of the ARCHITECT. 3. Construction stakeout and as-builts are not included with this proposal. SECTION 3: COMPENSATION The proposed scope of services will be provided on a NOT TO EXCEED basis and invoiced monthly based on work performed to date for each task. Task 1 —Administrative Tasks $15,295.00. Task 2 — Site Inspections $12,880.00. Task 3 — Project Closeout $2,160.00. TOTAL $30,335.00. 29 CARTER ASSOCIATES, INC. JANUARY 2020 FEE SCHEDULE Staff Type: Hourly Rates Engineer (Principal) $165.00 Engineer I $140.00 Engineer II $125.00 Engineer III $115.00 Engineer IV $105.00 Engineer V $ 95.00 Surveyor (Principal) $165.00 Surveyor (Sr. Consultant) $140.00 Surveyor I $140.00 Surveyor II $125.00 Surveyor III $105.00 CAD/GIS Tech I $115.00 CAD/GIS Tech II $110.00 CAD/GIS Tech III $105.00 CAD/GIS Tech IV $ 95.00 CAD/GIS Tech V. $ 85.00 Administrative Staff $ 60.00 Expert Witness $300.00 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 Inspector $ 65.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. • Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5 .00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 150/Each 8.5" x 14" 250/Each 11" x 17" 350/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain effective for the duration of this Agreement 30 Jones Pier Conservation Area Manhour Breakdown 2/7/2020 TASK HOURS I) Administrative Tasks Principal Engineer I Inspector 1 Pre Construction Meeting 2 2 2 Weekly Progress Meetings (1 Weekly / 6 Mo. Duration - 26 Meetings) 13 13 3 Review Contractor's Schedule Updates 16 4 Coordination with Outside Design Consultants 8 5 Respond to Contractor RFI's and provide Clarifications 2 8 6 Shop Drawing Review 2 8 7 Geotechnical Report Review 4 8 Consultation with IRC and Processing Change Order Requests as Necessary 4 4 9 Review Pay Requests and Submit to IRC once approved. 12 Total Hours 63 35 0 Hourly Rate $165/HR $140/HR $65/HR Total Cost $10,395 $4,900 $0 $15,295 II) Site Inspections Principal Engineer 1 Inspector 10 Silt Fencing Inspection 4 11 MOT Plan Inspection During Jungle Trail Closing 4 12 Construction Oversight - Average of 3 site inspections / Week 156 13 Pump Material and !installation Inspections. 4 14 Pump Electrical Controls Installations 4 15 Pipe Material and Installation Inspections 4 16 Water Connection and Pressure Test Observations 1 2 17 Sewer Connection and Testing Observations 1 2 Total Hours 0 14 168 Hourly Rate $165/HR $140/HR $65/HR Total Cost $0 $1,960 $10,920 $12,880 III) Project Closeout Principal Engineer 1 Inspector 18 Conduct Final Inspections and Prepare Punch -List 4 4 19 Review of As -built Survey for Compliance with Plans 2 2 20 Review Phase 1 Final Certification to IRC 1 21 Review Phase 1 Final Certification to SJRWMD 1 Total Hours 8 6 0 Hourly Rate. $165/HR $140/HR $65/HR Total Cost $1,320 $840 $0 $2,160 $30,335 31 S -D. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Brian Freeman, AICP; MPO Senior Planner DATE: February 10, 2020 SUBJECT: Resolution of Support for the Florida Department of Transportation Grant Application to Construct the I-95 Interchange at Oslo Road It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 18, 2020. DESCRIPTION AND CONDITIONS The Oslo Road interchange is the MPO's highest priority project on the state's Strategic Intermodal System (SIS), which consists of interstate highways, railroads, airports, and seaports across the state. Design of the new interchange is now complete, and FDOT has programmed over $11 million for right-of-way acquisition during FYs 2021 and 2022. Construction of the new interchange is expected to cost an additional $46 million. Each year, the US Department of Transportation announces the availability of funding through discretionary grant programs for infrastructure projects. The discretionary grant programs include the Infrastructure Investments Across America (INFRA) program and the Better Utilizing Investments to Leverage Development (BUILD) program. In recent years, USDOT has funded approximately $900 million of projects annually in each of these programs. To expedite construction of the new Oslo Road interchange, FDOT has proposed submitting the interchange for funding through one of these programs. In support of the grant application, FDOT District 4 has requested a resolution from the Board of County Commissioners. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Chairman to execute the Resolution of Support for the Florida Department of Transportation grant application for construction of the I-95 interchange at Oslo Road. ATTACHMENTS 1. Resolution of Support for the Florida Department of Transportation Grant Application for the I-95 Interchange at Oslo Road 32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY SUPPORTING AN APPLICATION BY THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE I-95 INTERCHANGE AT OSLO ROAD. WHEREAS, Interstate 95 is part of Florida's Strategic Intermodal System; WHEREAS, the I-95/Oslo Road interchange is the Indian River County MPO's highest - ranked priority on the Strategic Intermodal System; WHEREAS, the I-95/Oslo Road interchange will provide a vital new hurricane evacuation route serving residents of southern Indian River County and northern St. Lucie County; WHEREAS, the US Department of Transportation provides critical funding for infrastructure projects each year across the United States through discretionary grant programs; and WHEREAS, the Florida Department of Transportation intends to submit the construction of the I-95/Oslo Road interchange for discretionary funding through the US Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Board of County Commissioners of Indian River County hereby supports the application by the Florida Department of Transportation for construction of the I-95/Oslo Road interchange. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan 33 Commissioner Bob Solari Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of February , 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Susan Adams, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 18th day of February , 2020. APPROVED AS TO LEGAL SUFFICIENCY BY: Notary Public SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Phillip J. Matson, AICP; Community Development Director 34 8-E_ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP, Community Development Director THROUGH: Bill Schutt, AICP, Chief, Long -Range Planning FROM: Matt Kalap, Long Range Planner DATE: February 10, 2020 SUBJECT: Request to Approve the Community Development Block Grant (CDBG) Applicant List for Conflict of Interest It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of February 18, 2020. DESCRIPTION AND CONDITIONS On July 10, 2018, the BCC authorized the Community Development Director to apply for a Housing Rehabilitation Community Development Block Grant (CDBG) for the unincorporated portions of the County. Subsequently, the Florida Department of Economic Opportunity (DEO) awarded a $750,000 grant to the County and the County hired a CDBG consultant, Guardian Community Resource Management to administer the grant. Since then, the consultant has worked with county staff to undertake the required steps to proceed with block grant implementation. These steps included soliciting and obtaining intake application forms from homeowners in the unincorporated portions of the County (during the month of October 2019), ranking those applicants, and initiating the procurement process to obtain services from abstractors, lead-based paint inspectors, and general contractors. On January 10, 2020, the CDBG Citizen's Advisory Task Force (CATF) reviewed the list of CDBG applicants (Attachment 1) and Pursuant to Section E(3) of part 2 of the HAP (Attachment 2) the CATF members in attendance determined that no conflicts of interest exist. 35 At this time, the BCC must now also review the CDBG Housing applicant list and publicly acknowledge if a real or perceived conflict of interest exists with any of the applicants. ANALYSIS A conflict of interest is defined as a relationship or circumstances whereby a person or organization exercises functions or responsibilities for funded activities through which they, their relatives or known associates obtain or appear to obtain a financial benefit. With Respect to the BCC, whenever a conflict of interest exists DEO rules require that, it must be made known at a regular meeting of the Board, the member with a conflict must abstain, and the county must notify DEO in writing of the conflict then receive written notification of DEO's approval of the waiver of conflict of interest, in accordance with Title 24 C.F.R. Section 570.489 (h)(4) (Attachment 3). Additionally, before any applicant with a potential or real conflict of interest is given final approval for participation a request for a waiver of conflict of interest must be filed with the DEO. No acknowledgement of a conflict of interest has been made known by any applicants. If there is an ongoing relationship or financial benefit between any applicant and any BCC member with respect to CDBG funding it must be made known and the BCC member must abstain from any vote related to that applicant. Provided as an attachment to this report is a Conflict of Interest Form created by the consultant in order for each BCC member to review the applicants, acknowledge whether or not a conflict exists and sign (Attachment 4). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Review the applicant ranking list; 2. Publicly acknowledge if there is a conflict of interest between any BCC member and any of the applicants; 3. Complete the attached Conflict of Interest Form and provide to staff after the meeting. ATTACHMENTS 1) Applicant ranking list for CDBG #19DB-ON-10-40-01-H03 2) Section E(3) of Part 2 of Indian River County's Housing Assistance Plan 3) C.F.R. Section 570.489 (h) 4) BCC Conflict Identification Form F:\Community Development\CDBG\2017-18 CDBG\Conflict of Interest\BCC APPROVAL OF applicant list v2.doc 36 CDBG-Rehab Applicant Ranking List * FINAL RANK Total Points Application Received on Applicant Name(s) 1 31 10/30/19 @ 2:59 Larry/Sally Grayam 2 30 10/30/19 @ 1:31 Patricia Leroy 3 28 10/28/19 @ 4:32 Theda Holland 4 28 10/30/19 @ 2:34 Amanda Graham 5 23 10/24/19 @ 3:23 Sabrina Hill 6 21 10/18/19 @ 10:42 Irma/Jimmy Williamson 7 20 10/23/19 @ 3:43 Helen Ausby 8 15 10/8/19 @ 8:50 Sharon Schalm (Retired County Employee) 9 15 10/9/19 @ 9:26 Angela R. Young 10 15 10/18/19 @ 2:13 Nickey Mills 11 15 10/22/19 @ 12:59 Deloris Morgan 12 15 10/25/19 @ 4:14 Gwendolyn McNeal 13 15 10/29/19 @ 10:25 Dawn Womack 14 15 10/30/19 @ 9:42 Ethel Mae Brown 15 13 10/7/19 @ 10:36 Brian/Robin Danforth 16 8 9/30/19 @ 10:47 Khawndice Colley 17 8 10/29/19 @ 4:50 Terrence Lee (Current County Employee) 18 5 10/2/19 @ 1:38 Luz Marina Leon 19 5 10/30/19 @ 11:27 Patricia Jordan 20 0 10/8/19 @ 2:08 Cozetta Brown *The applicant ranking was based on a point value system with points being awarded as follows, ten points to applicants with a disabled and/or handicapped head of household, ten points to very low income households, ten points to applicants with an elderly head of household, five points to low income households, five points to applicants with handicapped dependents, five points to applicants with households consisting of five or more individuals, three points to applicants with households consisting of four or less individuals, and three points to applicants with elderly dependents. \\fileserver2\public\Community Development\CDBG\2017-18 CDBG\PROCUREMENT - RFPs, RFQs, Request for Bids\Lead Based Paint and Abstractors\Applicant Ranking.xlsx Attachment 317 E. Administrative Program Policies and Procedures 1. Housing Assistance Plan (HAP) As required by Federal and State rules and requirements, this Housing Assistance Plan was drafted for approval by the County Commission to be used as a written guide for implementing CDBG and DRI program specific housing strategies. Including but not limited to Applicant intake procedures, maximum funding amounts, and specific program inclusions and exclusions. 2. Citizen Participation (See the County's Citizens Participation Plan) As required by specific program rules and requirements, public hearings will be held to provide information and discuss proposed activities to be undertaken, as well as address questions or concerns from the public. All public hearings and workshops shall be advertised in accordance with the appropriate funding agency (HUD, FDEO) requirements. 3. Conflict of Interest The adherence to the rules and regulations in regard to Conflict of Interest is mandatory. All Applicants that may have a business or familial relationship with a member of the County Commission, CATF, HRS, PA, or participating construction contractors must fully disclose this relationship on the Application and defiantly before a construction contract is executed. In addition, all Applicant names must be disclosed at the regular meeting of the Board of County Commission and the CATF as the application process proceeds and these names must be included in the minutes of both the County Commission and the CATF meetings. County Commission and CATF members must disclose any relationship with an Applicant and must abstain from any vote related to that Applicant. Any cases of conflict of interests must be made known at a meeting of the County Commission. Before an Applicant with a potential or real conflict as described in 24 C.F.R.570.489 (h)(2), is given final approval for participation the County must notify FDEO in writing. Prior to the expenditure of housing grant funds, the County must receive written notification of FDEO's approval of the waiver of conflict of interest, in accordance with C.F.R. Section 570.489 (h)(4). If this process is not followed the County and/or the Applicant may be liable for returning the funds expended to the program. County employees that submit an application for rehabilitation assistance and who are involved in the decision making process related to the CDBG program or are involved in the financial approvals of this program must identify their conflict of interest at the time of application. 38 The Federal requirements are found in 24 CFR 85.36 (b) (3) and 24 CFR 570.489(h). The State of Florida requirements are found in Chapter 112.311 — 112.3143 of the Florida Statutes. A Conflict of Interest is defined as a relationship or circumstances whereby a person or organization exercises functions or responsibilities for funded activities through which they, their relatives, or know associates obtain or appear to obtain a financial benefit. Two types of conflicts are noted, those being beneficiary and procurement. 1. A beneficiary conflict of interest would involve any direct benefit, such as housing rehab, utility hook-up or facade renovation. The conflict would occur when benefits are awarded to anyone with a role in the CDBG and or DRI program approval process, to include but not limited to, a member of a CATF, PA, County officials and Commission members. There are however exceptions to this rule which are explained in 24 CFR 570.611 (d). To request a waiver, the Applicant through the HRS and PA must be submitted in writing to the County for approval, who must then submit the request to FDEO for final approval. Any costs incurred prior to FDEO approval are unallowable. There are no retroactive waivers. • 2. A procurement conflict of interest exists if there appears to be a relationship between a funded activity and County officers, their employees or agents, any member of their immediate family or any organization that employs or is about to employ, any of the afore- mentioned individuals. This conflict covers all aspects of the procurement, from solicitation, to award, to administration to include the writing of the Applicant Selection Criteria and in the Priority of Assistance, evaluating proposals and negotiating terms. The affected person must not participate in the procurement process in any manner; the level of conflict is irrelevant. Any conflict or appearance of a conflict requires non - participation. A procurement conflict cannot be waived. 39 § 570.489 carry out specific activities which, in turn, generate payments to the fund for additional grants to units of gen- eral local government to carry out such activities. Program income in the revolving fund must be disbursed from the fund before additional grant funds are drawn from the Treasury for pay- ments to units of general local govern- ment which could be funded from the revolving fund. (3) A revolving fund established by ei- ther the State or unit of general local government shall not be directly fund- ed or capitalized with grant funds. (g) Procurement. When procuring property or services to be paid for in whole or in part with CDBG funds, the state shall follow its procurement poli- cies and. procedures. The state shall es- tablish requirements for procurement policies and procedures for units of general local government, based on full and open competition. Methods of pro- curement (e.g., small purchase, sealed bids/formal advertising, competitive proposals, and noncompetitive pro- posals) and their applicability shall be specified by the state. Cost plus a per- centage of cost and percentage of con- struction costs methods of contracting shall not be used. The policies and pro- cedures shall also include standards of conduct governing employees engaged in the award or administration of con- tracts. (Other conflicts of interest are covered by § 570.489(h).) The state shall ensure that all purchase orders and contracts include any clauses required by Federal statutes, executive orders and implementing regulations. (h) Conflict of interest—(1) Applica- bility. (i) In the procurement of sup- plies, equipment, construction, and services by the States, units of local general governments, and subrecipi- ents, the conflict of interest provisions in paragraph (g) of this section shall apply. (11) In all cases not governed by para- graph (g) of this section, this para- graph (h) shall apply. Such cases in- clude the acquisition and disposition of real property and the provision of as- sistance with CDBG funds by the unit of general local government or its sub - recipients, to individuals, businesses and other private entities. 24 CFR Ch. V (4-1-12 Edition) (2) Conflicts prohibited. Except for eli- gible administrative or personnel costs, the general rule is that no per- sons described in paragraph (h)(3) of this section who exercise or have exer- cised any functions or responsibilities with respect to CDBG activities as- sisted under this subpart or who are in a position to participate in a decision- making process or gain inside informa- tion with regard to such activities, may obtain a financial interest or ben- efit from the activity, or have an inter- est or benefit from the activity, or have an interest in any contract, sub- contract or agreement with respect thereto, or the proceeds thereunder, ei- ther for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (3) Persons covered. The conflict of in- terest provisions for paragraph (h)(2) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or subrecipients which are receiving CDBG funds. (4) Exceptions: Thresholds requirements. Upon written request by the State, an exception to the provisions of para- graph (h)(2) of this section involving an employee, agent, consultant, officer, or elected official or appointed official of the state may be granted by HUD on a case-by-case basis. In all other cases, the state may grant such an exception upon written request of the unit of gen- eral local government provided the state shall fully document its deter- mination in compliance with all re- quirements of paragraph (h)(4) of this section including the state's position with respect to each factor at para- graph (h)(5) of this section and such documentation shall be available for review by the public and by HUD. An exception may be granted after it is de- termined that such an exception will serve to further the purpose of the Act and the effective and efficient adminis- tration of the program or project of the state or unit of general local govern- ment as appropriate. An exception may be considered only after the state or unit of general local government, as 126 40 Attachment 3 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD appropriate, has provided the fol- lowing: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the attorney for the state or the unit of general local gov- ernment, overnment, as appropriate, that the in- terest for which the exception is sought would not violate state or local law. (5) Factors to be considered for excep- tions. In determining whether to grant a requested exception after the require- ments of paragraph (h)(4) of this sec- tion have been satisfactorily met, the cumulative effect of the following fac- tors, where applicable, shall be consid- ered: (i) Whether the exception would pro- vide a significant cost benefit or an es- sential degree of expertise to the pro- gram or project which would otherwise not be available; (ii) Whether an opportunity was pro- vided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted ac- tivity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific as- sisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as described in para- graph (h)(3) of this section; (vi) Whether undue hardship will re- sult either to the State or the unit of general local government or the person affected when weighed against the pub- lic interest served by avoiding the pro- hibited conflict: and (vii) Any other relevant consider- ations. (i) Closeout of grants to units of general. local government. The State shall estab- lish requirements for timely closeout of grants to units of general local gov- § 570.489 ernment and shall take action toen- sure the timely closeout of such grants. (j) Change of use of real property. The standards described in this section apply to real property within the unit of general local government's. control (including activities undertaken by subrecipients) which was acquired or improved in whole or in part using CDBG funds in excess of the threshold for small purchase procurement (24 CFR 85.36, "Administrative Require- ments for Grants and Cooperative Agreements to State, Local and Feder- ally Recognized Indian Tribal Govern- ments"). These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of the unit of general local government's grant. (1) A unit of general local govern- ments may not change • the use or planned use of any such property (in- cluding the beneficiaries of .such use) from that for which the acquisition or improvement was made, unless the unit of general local government pro- vides affected citizens with reasonable notice of and opportunity to comment on any proposed change, and either: (1) The new use of the property quali- fies as meeting one of the national ob- jectives and is not a building for the general conduct of government; or (ii) The requirements in paragraph (j)(2) of this section are met. (2) If the unit of general local govern- ment determines, after consultation with affected citizens, that it is to change the use of the prop- erty to a use which does not qualify under paragraph (j)(1) of this section, it may retain or dispose of the property for the changed use if the unit of gen- eral local government's CDBG program is reimbursed or the state's CDBG pro- gram is reimbursed, at the discretion of the state. The reimbursement shall be in the amount of the current fair market value of the property, Less any portion of the value attributable to ex- penditures of non-CDBG funds for ac- quisition of, and improvements to, the property, except that if the change in use occurs after grant closeout but within 5 years of such closeout, the unit of general local government shall 127 41 Attachment 3 INDIAN RIVER COUNTY HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONFLICT OF INTEREST FORM FFY-2017 PURPOSE: CDBG regulations require Conflict of Interest identification between the Board of County Commissioners (BOCC), Citizens Advisory Task Force (CATF) members, and applicants seeking to utilize CDBG funding for housing rehabilitation assistance. The adherence to the rules and regulations in regard to Conflict of Interest is mandatory. All Applicants that may have a business or familial relationship with a member of the County Commission, CATF, Housing Rehabilitation Specialist (HRS), Program Administrator (PA), or participating construction contractors must fully disclose this relationship on the Application...Applicant names must be disclosed at the regular meeting of the Board of County Commission and the CATF as the application process proceeds and these names must be included in the minutes of both the County Commission and the CATF meetings. County Commission and CATF members must disclose any relationship with an Applicant and must abstain from any vote related to that Applicant. County employees that submit an application for rehabilitation assistance and who are involved in the decision-making process related to the CDBG program or are involved in the financial approvals of this program must identify their conflict of interest at the time of application. Any cases of conflict of interests must be made known at a meeting of the County Commission. Before an Applicant with a potential or real conflict as described in 24 C.F.R.570.489 (h)(2), is given final approval for participation the County must notify FDEO in writing... If this process is not followed the County and/or the Applicant may be liable for returning the funds expended to the program. CONFLICT OF INTEREST DEFINITIONS: The Federal requirements are found in 24 CFR 85.36 (b) (3) and 24 CFR 570.489(h). The State of Florida requirements are found in Chapter 112.311 — 112.3143 of the Florida Statutes. A Conflict of Interest is defined as a relationship or circumstances whereby a person or organization exercises functions or responsibilities for funded activities through which they, their relatives, or know associates obtain or appear to obtain a financial benefit. Two types of conflicts are noted, those being beneficiary and procurement. 1. A beneficiary conflict of interest would involve any direct benefit, such as housing rehab, utility hook-up or facade renovation. The conflict would occur when benefits are awarded to anyone with a role in the CDBG and or DRI program approval process, to include but not limited to, a member of a CATF, PA, County officials and Commission members. There are however exceptions to this rule which are explained in 24 CFR 570.611 (d). To request a waiver, the Applicant through the HRS and PA must be submitted in writing to the County for approval, who must then submit the request to FDEO for final approval. Any costs incurred prior to FDEO approval are unallowable. There are no retroactive waivers. 2. A procurement conflict of interest exists if there appears to be a relationship between a funded activity and County officers, their employees or agents, any member of their immediate family or any organization that employs or is about to employ, any of the afore -mentioned individuals. This conflict covers all aspects of the procurement, from solicitation, to award, to administration to include the writing of the Applicant Selection Criteria and in the Priority of Assistance, evaluating proposals and negotiating terms. The affected person must not participate in the procurement process in any manner; the level of conflict is irrelevant. Any conflict or appearance of a conflict requires non -participation. A procurement conflict cannot be waived. 42 INSTRUCTIONS: Each member shall review the applicant list found below. Members shall place their initials next to any applicant where a real and/or perceived conflict does or may exist. Where no conflict(s) exist, no initialsare required. Members shall certify the completion of "EXHIBIT 1: AMENDED" via their printed name and date.Please sign next to your printed name EXHIBIT 1: AMENDED INDIAN RIVER COUNTY CDBG APPLICANT LIST APPLICANT NAME APPLICANT ADDRESS COMMISSIONER INITIALS Angela R. Young 4281 36th Ct.; Vero Beach 32967 Helen Ausby 4747 35th Ave.; Vero Beach 32967 Theda Holland 1166 15th Ave. SW; Vero Beach 32967 Dawn Womack 155 47th Ave.; Vero Beach 32968 Larry/Sally Grayam 2143 2nd Ave. SE; Vero Beach 32962 Khawndice Colley 4269 36th Court; Vero Beach 32967 Luz Marina Leon 855 35th Ave.; Vero Beach 32960 Brian/Robin Danforth 1465 20th Ct. SW; Vero Beach 32962 **Sharon Schalm (Retired County Employee) 7866 104th Ave.; Vero Beach 32967 Cozetta Brown 4680 38th Ct.; Vero Beach 32967 Irma/Jimmy Williamson 4015 46th St.; Vero Beach 32967 Nickey Mills 4190 39th Dr.; Vero Beach 32967 Deloris Morgan 1056 9th St SW.; Vero Beach 32962 Sabrina Hill 434 20th PI. SW; Vero Beach 32962 Gwendolyn McNeal 4200 46th PI.; Vero Beach 32967 Lola Huston 4595 41st Ave.; Vero Beach 32967 **Terrence Lee (current county Employee) 4031 41st Square; Vero Beach 32967 Ethel Mae Brown 4616 34th Ave.; Vero Beach 32967 Patricia Jordan 3456 44th St.; Vero Beach 32967 Patricia Leroy 4470 34th Dr.; Vero Beach 32967 Amanda Graham 425 15th PI. SW; Vero Beach 32962 Completed By: Commissioner Printed Name Date: f:\community development\cdbg\2017-18 cdbg\conflict of interest\irc cdbg-conflict of interest disclosure document bcc.doc 43 8_F CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: SUBJECT: February 5, 2020 Approval of Renewal for a Class "B" Certificate of Public Convenience And Necessity for Coastal Health Systems of Brevard Inc. to Provide Interfacility Transportation Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On April 3, 2018 the Indian River County Board of County Commissioners approved a renewal of Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard Inc., to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire May 4, 2020. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "B" Certificate of Public Convenience and Necessity has been submitted by Coastal Health Systems of Brevard Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 44 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard :Inc., to be effective for a period of two (2) years from May 4, 2020 to May 4, 2022. ATTACHMENTS: Renewal Application from Coastal Health Systems of Brevard Inc.. 45 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Coastal Health Systems of Brevard, Inc. DATE: 2/4/2020 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. © This is a renewal of our present COPCN. ❑ This is a renewal of our present COCPN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 I IBLS IALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ® OBLS JALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 ❑BLS LALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 OBLS [ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E 0 rlWheelchair Wheelchair/Stretcher I I Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 j [Wheelchair II Wheelchair/Stretcher Fl Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 46 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: Coastal Health Systems of Brevard, Inc. MAILING ADDRESS: 486 Gus Hipp Blvd ciTy Rockledge COUNTY Brevard ZIP CODE: 32955 BUSINESS PHONE: 321-633-7050 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME: William McCarthy, CEO ADDRESS: 486 Gus Hipp Blvd Rockledge FL 32955 PHONE #: 321-633-7050 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS William McCarthy 486 Gus Hipp Blvd Rockledge FI 32955 CEO POSITION Monica McCarthy 486 Gus Hipp Blvd Rockledge FL 32955 CFO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# Brevard Fire Rescue 1040 S. Florida Ave Rockledge FL 32955 321-633-2056 Health First 6450 US1 Rockledge FL 32955 321-434-4300 Parrish Medical Center 951 N. Washington Ave Titusville FL 32796321-268-6111 47 6. FUNDING SOURCE: Medicare/Medicaid, Private Insurance, DRG -MOA 7. RATE SCHEDULE ATTACHED? YES 171 NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: Base - 486 Gus Hipp Blvd Rockledge, FL 32955 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 800 MHZ, 400 MHZ UHFNHF 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) Attached Attached 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All agencies in Brevard County All Agencies in Brevard County All Hospitals in Brevard County All Hospitals in Brevard County including Sebastian RMC including Sebastian RMC 48 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 49 v. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS I, , the representative of Applicant Name , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 1, William McCarthy Applicant Name , the representative of Coastal Health Systems of Brevard, Inc. , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part 111, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that 1 agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of , 201_. NOTARY PUBLIC My commission expires: 50 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for 49th Street/Lindsay Road From 58th Avenue to 31St Avenue and Construction Engineering Inspection (CEI) Services Project No. IRC -1414, FM No. 436850-1-54-01 DATE: February 7, 2020 DESCRIPTION AND CONDITIONS On April 23, 2019 the Board of County Commissioners approved Resolution No. 2019-033 and a Small County Outreach Program (SCOP) Agreement with the Florida Department of Transportation (FDOT) for the resurfacing of 49th Street from 58th Avenue to 31St Avenue as well as for Construction Engineering Inspection (CEI) services with an estimated total cost of $1,110,064.00. The FDOT SCOP grant amount approved was for $832,547.00 with the County's cost share to be $277,517.00 and was executed by FDOT on May 21, 2019. The project was awarded to Guettler Brothers Construction, LLC on September 10, 2019 in the amount of $1,051,852.60. FDOT has requested Indian River County execute and deliver to the FDOT SCOP Supplemental Agreement No. 1 to decrease the original estimated project amount of $1,110,064.00 by $58,211.40, decreasing the FDOTSCOP grant amount for construction and CEI services to $788,889.45 and the County's share cost to $262,963.15, as well as a Resolution authorizing the Board of County Commissioners to execute FDOT SCOP Supplemental Agreement No. 1. FUNDING Per the FDOT SCOP Supplemental Agreement No. 1, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $788,889.45 of the total cost for the project. Funding for the County's cost share in the amount of $262,963.15 is budgeted in the Account No. 10921441-053360-17027/Secondary Roads/49th St Resurface 58th Ave to 31st Ave. RECOMMENDATION Staff recommends the Board of County Commissioners approve the FDOTSCOP Supplemental Agreement No. 1 and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Authorizing Resolution 2. FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1 APPROVED AGENDA ITEM FOR FEBRUARY 18, 2020 51 RESOLUTION NO. 2020 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) SUPPLEMENTAL AGREEMENT NO. 1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR 49TH STREET/LINDSAY ROAD FROM 58TH AVENUE/CR-613 TO 31ST AVENUE RESURFACING AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES. WHEREAS, the resurfacing 49th Street/Lindsay Road from 58th Avenue/CR-613 to 31st Avenue is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of 49th Street/Lindsay Road from 58th Avenue/CR-613 to 31st Avenue, curb and gutter, guardrail upgrades, sodding, and installation of thermoplastic pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Small County Outreach Program Supplemental Agreement No. 1 decreasing the amount of the grant from $832,547.00 to $788,889.45; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Small County Outreach Program Supplemental Agreement No. 1 for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2020. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 52 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640D5610\@BCL@640D5610.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 01 CONTRACT NO. G-1913 FPN VF 596-000-679-003 525-010-60 PROGRAM MANAGEMENT 12/18 Page 1 of 2 Recipient: INDIAN RIVER COUNTY This Supplemental Agreement ("Supplemental"), dated arises from the desire to supplement the State - Funded Grant Agreement ("Agreement") entered into and executed on Mav 21st, 2019 as identified above. All provisions in the Agreement and supplements, if any, remain ineffect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: This Amendment decreases the total funding needed for the Construction and CEI Services of the Project by FIFTY EIGHT THOUSAND TWO HUNDRED ELEVEN DOLLARS AND FORTY CENTS ($58,211.40). Paragraph 6a of the Agreement is amended to read as follows: The estimated cost of the Project is $1,051,852.60. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Amendment. Paragraph 6b of the Agreement is amended to read as follows: The Department agrees to participate in the Project cost up to the maximun amount of $788,889.45 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. Pragraph 6c remains in full force and effect. Reason for this Supplemental and supporting engineering and/or cost analysis: The funding decrease is due to the actual accpeted bid being lower than the original cost estimate for Construction and CEI services. 53 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: SUSAN ADAMS Print Name: STEVEN C. BRAUN, P.E. Date: Date: FDOT OFFICE OF THE GENERAL COUNSEL ATTEST: LEGAL REVIEW: Jeffrey R. Smith, Clerk of Court & Comptroller See attached encumbrance form for date of Funding approval by Comptroller By: , Deputy Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Page 2 of 2 54 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE 525-010-60 PROGRAM MANAGEMENT 09/17 Page 1 of 2 RECIPIENT NAME & BILLING ADDRESS: INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH, FL 32960 FINANCIAL PROJECT NUMBER: 436850-1-54-01 I. PHASE OF WORK by Fiscal Year: FY 2019 FY2020 FY2021 TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) % or $ °�° or $ % or $ % or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ % or $ or $ or $0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or $ 0.00 or $ 0.00 % or $ 0.00 0/0 or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) °/.3 or $ % or $ % or $ % or $0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ ok or $ 0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ or $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or $ 0.00 or $ 0.00 or $ 0.00 or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 .$ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 453,331.00 $ 598,521.60 $ 0.00 $1,051,852.60 Maximum Department Participation - (SMALL COUNTY 75% or $ 339,998.00 75% or $ 448,891.45 or $ or $ 788,889.45 OUTREACH PROGRAM) Maximum Department Participation - (Insert Program Name) or $ % or $ % or $ % or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ % or $ % or $ % or $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") 25% or $ 113,333.00 25% or $ 149,630.15 or $ 0.00 or $262,963.15 In -Kind Contribution $ $ $ $ 0.00 Cash $ 113,333.00 $ 149,630.15 $ $ 262,963.15 Combination In-Kind/Cash $ $ $ $ 0.00 55 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE 525-010-60 PROGRAM MANAGEMENT 09/17 Page 2 of 2 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C. Corredor District Grant Manager Name Signature Date 56 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ % or $0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ % or .$ 0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ or $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or $ 0.00 or $ 0.00 or $ 0.00 or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 11. TOTAL PROJECT COST: $453,331.00 $598,521.60 $0.00 $1,051,852.60 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Norma C. Corredor District Grant Manager Name Signature Date 56 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 3. Ft-, CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully,P.E. Stormwater Engineer l ' SUBJECT: Approval of Work Order No. 5 with GK Environmental, Inc. for Osprey Acres Floway and Nature Preserve Nine -Month Plant Maintenance, Exotic Control, and Plant Replacement DATE: February 10, 2020 DESCRIPTION AND CONDITIONS Construction of Osprey Acres Floway and Nature Preserve (Osprey Acres) is complete. As part of the construction contract closeout process with contractor West Construction, Inc., Part B of the construction contract and a subsequent addition that increased Part B's scope, were deleted through Work Change Directives. Part B of the construction contract and the subsequent scope addition were for landscape maintenance and exotic control of the developed site (less Shallow Marsh 2) and would have amounted to a fee of $41,142.94 over a nine-month contract period. GK Environmental, Inc. has submitted a fee, under their continuing services agreement 2017053, for providing identical landscape maintenance and exotic control services for $25,650 over the nine-month period. GK Environmental, Inc. is currently providing similar services for Shallow Marsh 2 in Osprey Acres. FUNDING Funding in the amount of $25,650 for the proposed Work Order No. 5 is budgeted and available in Transportation Fund/Stormwater/Other Contractual Services -Osprey Acres, Acct# 11128138-033490- 16022. RECOMMENDATION Staff recommends the Board approve Work Order No. 5, executed by GK Environmental, Inc. and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Work Order No. 5 Exhibit A to Work Order No. 5 APPROVED AGENDA ITEM FOR FEBRUARY 18, 2020 57 WORK ORDER NUMBER 5 OSPREY ACRES FLOWAY AND NATURE PRESERVE NINE-MONTH PLANT MAINTENANCE, EXOTIC CONTROL, AND PLANT REPLACEMENT This Work Order Number 5 is entered into as of thisday of , 2020, pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services entered into as of October 10, 2017 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and G.K. Environmental, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSULTANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT INDIAN RIVER COUNTY, FLORIDA G.K. ENVIRONMENTAL, INC. BOARD OF COUNTY COMMISSIONERS By: By Susan Adams, Chairman Title: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. Debraal, Deputy County Attorney ATTACHMENT 1 to WORK ORDER NUMBER 5 OSPREY ACRES FLOWAY AND NATURE PRESERVE NINE-MONTH PLANT MAINTENANCE, EXOTIC CONTROL, AND PLANT REPLACEMENT SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide landscaping maintenance and exotic elimination services in the developed portion of Osprey Acres Floway and Nature Preserve, not including the Shallow Marsh 2 Area. The Scope of Work and costs are presented in Exhibit A, included herein. **END OF ATTACHMENT 1** 59 ATTACHMENT 2 to WORK ORDER NUMBER 5 OSPREY ACRES FLOWAY AND NATURE PRESERVE NINE-MONTH PLANT MAINTENANCE, EXOTIC CONTROL, AND PLANT REPLACEMENT 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a monthly fee of $2,850/month, which equals $25,650.00 for the nine-month contract period for services. rendered according to Attachment 1 of this Work Order and as summarized on Exhibit A, included herein. Additional services shall be performed at the hourly rates as set forth in the Agreement. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. **END OF ATTACHMENT 2** 60 ATTACHMENT 3 to WORK ORDER NUMBER 5 OSPREY ACRES FLOWAY AND NATURE PRESERVE NINE-MONTH PLANT MAINTENANCE, EXOTIC CONTROL, AND PLANT REPLACEMENT 1. TIME FOR COMPLETION Unless otherwise extended in writing by modification of this Work Order, the duration of this Work Order shall be nine -months from the Notice -to -Proceed date issued by the COUNTY. **END OF ATTACHMENT 3** 61 EXHIBIT A G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Email gkenme.com Mr. Keith McCully, P.E. Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960-3388 February 4, 2020 RE: GKE Professional Service Agreement for: Osprey Acres / Flow Way 9 -Month Maintenance of Invasive Species & Plant Replacement Dear Keith, This letter is in response to the requested proposal for the above referenced project in Indian River County, Florida, for environmental services. G. K. Environmental, Inc. (GKE) will be pleased to provide this scope of service under this contract, which is outlined below: TASK I 1.0 Onsite Maintenance / 9 -Month Warranty for Invasive, Exotic Plant Control, and Plant Replacement 1.1 GKE will provide all supervision, labor, herbicide, equipment, materials, and incidentals necessary for the maintenance treatment. 1.2 Site will be visited every two weeks with treatments as necessary to control undesirable growth. 1.3 All Florida Exotic Pest Plant Council (FLEPPC) listed exotic nuisance species will be cut and/or treated in place with EPA -certified herbicides to preserve the desirable native vegetation. No Roundup will be used. 1.4 Native vegetation will be left for the benefit of wildlife, unless otherwise requested. 1.5 A comprehensive management report will be submitted detailing work preformed upon completion of each service visit. 62 1.6 a) The maintenance and warranty period for all landscaping shall run consecutive and the duration is nine months, beginning on date of final acceptance of the Project by the Indian River County Commission or the acceptance by the County of this Work Order, whichever occurs last. During the nine month maintenance and warranty period, operate and maintain the temporary irrigation facilities, maintain the plantings and guarantee that 85% of the planted individuals become established and show signs of normal growth, based upon standard growth parameters such as height, base diameter or canopy circumference. GKE shall also guarantee 90% cover by appropriate wetland herbaceous species. b) Replace all plantings not meeting the above warranty period. All replacement plantings shall be Florida #1 specimens and they shall be installed and maintained as recommended by the supplier nursery and specified herein. Coordinate planting with County personnel. Replacements shall be at no cost to the County. c) Perform maintenance as necessary to ensure plant survivability. Take special care not to disturb birds, nests or other wildlife. d) Fertilize all plantings as necessary to ensure proper growth throughout the maintenance and warranty period and provide all other care necessary for their survival at no additional cost. GKE agrees to perform the vegetation management services stated above as follows: $1,425.00 per visit / $2,850.00 monthly (2 site visits per month) CONDITIONS: 1) GKE shall not be responsible for acts beyond its reasonable control, including adverse soil and/or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft, or third party actions. 2) Invoices submitted for work completed shall be paid within 45 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.00% will be computed on all past due balances. 3) Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 4) This proposal shall be valid for 30 days. Either party may cancel this contract with 30 -day written notice. This agreement automatically renews 63 upon anniversary of execution date, unless notice is given by either party, with at least 30 days written notice. 5) GKE will maintain insurance coverage, which includes but is not limited to: General Liability, Property Damage, Automobile Liability, and Workman's Compensation, at its own expense. 6) No alterations, oral or written, of the terms contained above shall be valid unless made in writing and wholly accepted by authorized representatives of GKE. GKE FEES / COMPENSATION Invoices will be submitted following work completed.. GKE hourly rates (2020/2021) are $150.00 / hour for Principal Ecologist and $45.00 / hour for administrative / staff assistance, and if needed $85.00 / hour for CAD operator and $75.00 / hour for field biologist / chemist / field assistant, and $55.00 per hour for field assistant. If additional related work beyond the above scope is required, an additional proposal will be provided. Your endorsement below will serve as agreement by client to compensate G. K. Environmental, Inc. for services rendered in connection with this agreement within thirty (30) days of date of invoice(s). 64 IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2020. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA G.K. Environmental, Inc. (Signature) (Signature) Susan Adams, Chairman George R. Kulczycki, President Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Circuit Court (Printed name and title) Witnessed by: Deputy Clerk (Printed name) Approved as to Form and Legal Sufficiency: Dylan Reingold, Sr., County Attorney (Printed name) Jason Brown, County Administrator 65 CONSENT: 2/18/2020 8 �' Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: February 7, 2020 SUBJECT: Resolution Cancelling Taxes on Property Acquired by Indian River County for Public Purpose A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property acquired by Indian River County: Public Purpose: Right -Of -Way for 11t Drive Location/Description: Part of Parcel 32-39-26-00000-5000-00002.0 Purchased From: Riverfront Groves, Inc., a Florida corporation Instrument: Right Of Way Deed, recorded in Book 3275, Page 770 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 66 acquired from Riverfront Groves, Inc., a Florida corporation public purpose: for 11th Drive right-of-way part of tax parcel #32-39-26-00000-5000-00002.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 67 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were acquired by Indian River County from Riverfront Groves, Inc., a Florida corporation, for 11th Drive right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Right Of Way Deed describing lands, recorded in O.R. Book 3275, Page 770, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 18th day of February, 2020. 68 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 69 Leslie R. Swan Supervisor of Elections Indian River County February 11, 2020, The Honorable Susan Adams Chairman, Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Dear Chairman Adams: The 2020 presidential election cycle is upon us and ensuring the security of every vote is paramount. The federal government has appropriated grant funds under the Help America Vote Act for federal election cybersecurity initiatives and improvements. The funds will be distributed by the State of Florida in FY 2019-2020 pursuant to specific appropriation 3160. In order to receive the Federal Election Cybersecurity Grant funds, the Florida Legislature requires the Chairman of the Board of County Commissioners to certify that the county will match the state funds of $32,711.52 with a 15% county match of $4,906.73. I have enclosed the Certification of County Matching Funds for your signature. The county matching funds will come out of the Supervisor of Elections FY 2019 -2020 budget. The State of Florida's cybersecurity navigator assigned to Indian River County has completed a thorough review of our county's security procedures. The funds from the Federal Election Cybersecurity Grant will be used to implement security recommendations provided by our cybersecurity navigator. I would be most appreciative to have the Certificate of County Matching Funds agreement executed and returned to the Supervisor of Elections office at your earliest convenience. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosure 4375 43rd Avenue • Vero Beach, FL 329671 Office: (772) 226-3440 I Fax: (772) 770-5367 1 www.voteindianriver.com ATTACHMENT C of MOA 2019-2020-0001 Certification of County Matching Funds' Chair of the Board of County Commissioners of County, Florida, do hereby certify that the Board of County Commissioners shall appropriate and provide the county Supervisor of Elections a minimum 15% county match to the total amount of federal grant trust funds under the Help America Vote Act appropriated for federal election cybersecurity initiatives and improvements that the county Supervisor of Elections may request and receive from the State in FY 2019-20 pursuant to specific appropriation 3160. The match amount must equal to or be greater than If the Board fails to appropriate and provide the matching funds as certified herein, all funds received from the State for this grant, including any accrued interest, will be required to be returned to the Department of State and shall revert to the Federal Grant Trust Funds. Chair, Board of County Commissioners Date 1 The match requirement is waived for the following sub -recipients whose respective county has been designated by the Department of Economic Opportunity as an Economically Distressed Rural Community: Baker, Bradford, Calhoun, Columbia, DeSoto, Dixie, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Nassau, Okeechobee, Putnam, Suwannee, Taylor, Union, Wakulla, Washington, Walton. 71 0_ B. 1 _ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION 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: Gholam Reza Torkaman ADDRESS: 470 12th PL SE, Vero Beach FL 32962 PHONE: 772-501-5365 SUBJECT MATTER FOR DISCUSSION: Utility lein at 8476 63' Ave—previous tenant didn't pay bill IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION YES YES X NO NO WHAT RESOLUTION ARE YOU Requesting that landlord is not responsible for water bill of REQUESTING OF THE COMMISSION? previous tenant of a rental unit. fi ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? N/A X YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: February 18, 2020 F:\Cowry Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc 72 10.13 2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION 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: George Glenn Jr., Ken Grudens, Dan Lampson, David Cox ADDRESS: 2165 15th Ave, Vero Beach, FL 32960 PHONE: 850-294-4586 SUBJECT MATTER FOR DISCUSSION: 2020 Conservation Bond Referendum IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OFA DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES X NO NO Authorize Chairman to send letter to TPL requesting assistance ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES Send letter to TPL requesting assistance X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc 73 TO: Board of County Commissioners FROM: George Glenn Jr, Ken Grudens, David Cox, Dan Lampson DATE: February 10, 2020 RE: A Request to the Trust for Public Land for Technical Advice and Assistance On behalf of the environmental community of Indian River County, it is requested that the Board of County Commissioners authorize the Chairman to write to the Trust for Public Land requesting technical advice and assistance pertaining to the potential issuance of a new bond to purchase environmentally significant lands in Indian River County. DESCRIPTION The environmental community, including the Indian River Land Trust, Indian River Neighborhood Association, Pelican Island Audubon Society, Clean Water Coalition of Indian River County, Friends of the St. Sebastian River, and the Pelican Island Preservation Society, have officially adopted policy positions supporting the issuance of a new bond authorized by referendum to provide a source of revenue to purchase permanent interests in environmentally significant lands throughout our County. Members of the environmental community identified the November 2020 general election as an opportunity to put to the voters a renewal of environmentally significant land acquisition bonding because the 2004 environmental bonds will be satisfied in September 2021. If voters approve the issuance of bonds this year, those bonds would not be issued until the existing bonds are paid off next year; the goal being that property owners would not see an additional line item on their property tax bill. Rather, it would be a continuation of an existing tax line. Environmentally significant lands exist in the County that have already been identified by local and state agencies for preservation. Those include lands identified on the Florida Forever conservation list, the Rural and Family Lands Protection Program, the St. Johns River Water Management District priority list, and Indian River County's own priorities, such as protecting tracts along the St. Sebastian River Greenway. Our population is growing, and development is occurring to handle the new residents moving to our wonderful County. Growth means jobs for which we are thankful. Growth, however, comes with negative impacts as well. Something that has made Indian River County special over the years was a recognition by it's elected officials and residents that as we develop and grow, we should also set aside some of our best areas to be conserved. That is the impetus of a potential new bond referendum. To support of our efforts, we are requesting that the Trust for Public Land ("TPL") provide technical advice and assistance in the form of feasibility research, public opinion polling, and program recommendations. The public opinion poll is very important to the process. The professional polling will look at the current situation to find whether voters would support a new bond program. If the polling does not demonstrate a certain level of support from the public to move forward, this effort will likely be suspended by the environmental organizations. 74 TPL provided support to Indian River County for its 2004 bond referendum. Their experience is second -to - none, and they pride themselves on a high success rate for projects that move forward after polling confirms support. TPL is not inexpensive, but the good news to Indian River County is that the $51,000 price tag will be paid by a private grant and donations from the environmental organizations identified above. However, a letter is required from the Chairman, authorized by the Board, requesting advice and assistance from TPL to trigger the availability of a grant that could provide up to $30,000 towards the $51,000 price tag. Indian River County will reap the benefit of TPL's work, but will not be responsible for the costs and nothing would oblige the County to move forward once it receives TPL's information. ATTACHMENTS: 1. Draft Indian. River County Conservation Finance Proposal 2. Draft letter from Indian River County to TPL 75 THE. TRUST FOR PUBLIC LAND To: From: Ken Grudens, Executive Director, Indian River Land Trust Will Abberger, Vice President, Director, Conservation Finance and Wendy Muzzy, Director, Feasibility Research Date: February 5, 2020 Re: Indian River County Conservation Finance Proposal Adequate funding is a challenge for all park and conservation -related activities. The Trust for Public Land's (TPL) Conservation Finance program helps communities and agencies identify and raise public funds for parks and land conservation from state and local sources. TPL provides professional, technical assistance services to local governments, special districts, and others that need to research and evaluate the feasibility of park and land conservation finance options. Since 1996, TPL has been involved in more 572 successful ballot measures that have created more than $79 billion in new funding for parks and conservation. Voters have approved 82 percent of the ballot measures supported by TPL. In Florida, The Trust for Public Land has worked on 32 successful bond, sales tax, or property tax campaigns to create new funding for parks and conservation to benefit Florida local governments. TPL also provided the campaign leadership for the 2014 citizens' initiative, Florida's Water and Land Conservation amendment to the state Constitutional ("Amendment 1"), to provide dedicated state funding for land and water conservation, and 'ecosystem management, and restoration. This effort passed with 75 percent voter approval on the 2014 ballot. In 2004, TPL worked with Indian River County and land conservation advocates in the community design and win voter approval for a $50 million bond that has funded the county's successful land conservation program. The measure passed with 67 percent "Yes." Most recently, in November 2018, TPL was four for four, winning voter approval for all of bond referenda we supported: Sarasota County ($65 million) and the Cities of Cape Coral ($150 million), New Smyrna Beach ($15 million), and Doral ($60 million). The total new funding for conservation and parks in Florida that TPL has helped to generate well exceeds $10 billion. Conservation funding is a very tangible step communities can take to guide land use, manage growth, provide recreation amenities, and protect natural landscapes and critical ecosystems. Given the substantial investment of time and resources required to develop and implement a public funding strategy, TPL employs our tried and true. conservation finance methodology of sound research 76 to understand conservation options and voter attitudes followed by strategic campaigns that effectively communicate key messages. TPL provides policy and fiscal analysis, public opinion research, technical assistance, strategic recommendations, and legislative drafting, often followed by legislative or ballot measure campaigns. PHASE I Feasibility Research The hallmark of TPL's Conservation Finance work is feasibility research. Conservation finance feasibility studies identify and assess the potential for a range of funding strategies that are realistic and that would substantially increase public funding to address the community's conservation and restorations needs. Typical components of a comprehensive feasibility analysis include: an assessment of existing funding programs; identification of an array of strategies and funding mechanisms to complement existing programs; exploration of the legal and political processes for implementation; and evaluation of the feasibility of various alternatives by analyzing factors such as ballot measure history, constitutional and statutory limitations, and fiscal conditions and forecasts. The reports are based on original research by TPL, as well as a review of existing research and analysis. These reports serve as the foundation for discussions with key stakeholders, policy -makers, partners, and the general public. TPL proposes to research and analyze a range of public finance options that the Indian River County may consider for conservation land acquisition and management. For each relevant local funding option, TPL will examine the revenue -raising capacity, the fiscal impact to government budgets and/or taxpayers, and how such options are implemented. TPL also proposes to provide examples of where and how these mechanisms have been used by other jurisdictions. While implementation procedures vary around the country, many broad-based tax and bond mechanisms require voter approval. As such, TPL also proposes to research election results to examine whether the electorate has supported or opposed spending public funds for parks and open space, or other priorities, in the past, as well as voter turnout trends. This analysis will require the assistance of Indian River County staff to provide financial documents, such as budgets, bond -offering statements, capital spending plans, tax assessment rolls, and relevant comprehensive or open space plans. The research will examine both the most likely funding options (broad-based tax and bond mechanisms capable of generating significant funding) as well as other possible alternative pubic finance options. 77 Specifically research will include: • a review of county authority to generate revenue for land conservation including rates, limits, and pathways for implementation; • revenue generation capacity estimates (i.e., how much money could be generated from a specific mechanism, who pays, and cost per household/taxpayer); • analysis of procedures for enactment, including special legislation if needed; • analysis of election requirements for placing a finance mechanism before county voters; and • a summary of relevant funding programs implemented by other jurisdictions in the state. TPL staff will make a presentation of key research findings to county staff and interested partners, as well as elected officials, as needed. PHASE II Public Opinion Survey Typically, feasibility research is followed by a public opinion survey to determine voter attitudes towards finance mechanism identified in the feasibility research and inform decisions about ballot measure design, ballot language, and a possible ballot measure campaign. By conducting a poll and analyzing the results, TPL helps determine when the time is right to seek voter support, how to design a measure, where to allocate communications resources, and whose support matters the most. While polls are not crystal balls, they can be a road map to success -- and one of the most important investments parks and open space advocates can make. TPL's has the largest database of voter attitudes towards parks and conservation in the country. Using results from successful surveys across the country, TPL has developed a unique parks and land conservation polling "library" that provides insight into voter concerns and allows us to test and fine-tune the most compelling conservation themes for each community's unique demographics. Our Conservation Finance staff are highly skilled at designing, directing, and interpreting polls, having worked on literally hundreds of surveys. As noted above, our feasibility research provides comprehensive demographic, political, and electoral research used to frame the most effective survey questions. We 78 work the country's leading Republican and Democratic polling firms to conduct our telephone surveys. After completingthe Feasibility Study, if the county and local partners agree that the local political environment is favorable to proceed, TPL will contract with a qualified public opinion survey firm to conduct a professionally administered, statistically valid public opinion survey, through telephone interviews of randomly selected voters in the county. Private funding of the poll provides TPL with the ability to keep results confidential if necessary. The poll will be designed to test the following: • specific ballot language and the level of voter support for a land conservation funding measure; • alternative funding sources and amounts; • purposes for the use of funds the voters find most compelling; • timing, i.e., when is the best time to bring a measure to voters; and • various accountability measures that may be incorporated into the measure. TPL staff will make a presentation of key poll results to county staff and interested partners, as well as elected officials, as needed. Program Recommendations The feasibility research and public opinion survey will provide the knowledge base to inform deliberations about the most appropriate finance mechanism, the amount and duration of financing, expenditure priorities, and public accountability, as well as election timing and ballot language for mechanisms that would require a public vote. TPL will provide recommendations for a public finance strategy to address the need to create reliable funding for parks, trails, and land conservation. If the county decides to move forward with a ballot measure, TPL will advise on the drafting the ballot language, including state and local requirements, examples of successful ballot questions, and consultation with legal counsel as necessary. This proposal does not include the costs associated with the voter education effort that would be necessary if a measure is referred to the ballot. 79 Budget Expenses Feasibility Research $20,000 Public Opinion Survey $22,000 Program Recommendations $5,000 Travel & Presentations $4,000 TOTAL EXPENSES $51,000 Revenue National foundation/TPL donors (anticipated) Feasibility Research and Program Rec'd $20,000 Public Opinion Survey $10,000 Local private contributions (to be raised) $21,000 TOTAL REVENUE $51,000 80 [Indian River County, FL letterhead] DATE Mr. Will Abberger Vice President, Director of Conservation Finance The Trust for Public Land 306 N. Monroe Street Tallahassee, FL 32301 Dear Mr. Abberger: The Indian River County Board of County Commissioners requests technical advice and assistance from The Trust for Public Land in connection with our efforts to continue and sustain reliable, ongoing sources of funding for land conservation. As part of your advice and assistance, I understand you will conduct research with affected groups to develop recommendations for the Indian River County Commission on strategies for supporting continued, dedicated, ongoing sources of public funds for land conservation. We are interested not only in the factual information that you can provide, but also your opinions and recommendations on public funding measures available to us and strategies to enact such measures. That would include understanding the public's priorities and attitudes concerning land conservation, water quality, and natural areas --including parks, trails, and fish and wildlife habitat --and how the public would respond to different methods of presenting those issues. Information provided to the County Commission will be public record as a matter of law. This request does not in any way commit public funds to the efforts of The Trust for Public Land related to this request, nor does it require public disclosure of any confidential information of. either organization. This request will continue in effect for any advice you offer or presentations you submit for the use of this body related to such matters. In addition, we would like to take this opportunity to request that you continue to be available to provide technical advice and assistance in this area and on related matters in the future. Thank you. Sincerely, Susan Adams Chairman 81 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 6, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Notice of Scheduled Public Hearing to Consider Citrus Hideaway Subdivision Water Assessment Project in Indian River County, Florida (Legislative) Descriptions and Conditions: On February 4, 2020, the Board of County Commissioners (BCC) adopted Resolution 2020-012 setting the time and place for a Public Hearing to discuss the installation of a water main in Citrus Hideaway Subdivision and property abutting 75th Court in Indian River County as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on March 3, 2020, at 9:05 am. Recommendation: This public hearing item is provided for the Board of County Commissioners' information. No action is needed at this time. 82 Fo,c.2a MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: February 6, 2020 RE: Public Notice of Public Hearing Scheduled for March 3, 2020 to Consider Adopting an Ordinance to Enact Chapter 106 (Real Property Disposition Procedures) of the Code of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, March 3, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENACTING CHAPTER 106 (REAL PROPERTY DISPOSITION PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ESTABLISH ALTERNATIVE PROCEDURES FOR THE DISPOSITION OF REAL PROPERTY; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 83 INDIAN RIVER COUNTY MEMORANDUM 12. A.1. COMMUNITY DEVELOPMENT TO: Jason E. Brown County Administrator THROUGH: Phil Matson, AICP Community Development Director FROM: Roland M. DeBlois, AICP Planning Director DATE: February 6, 2020 RE: Condemnation, Demolition and Removal of Unsafe Structure Located at 530 13th Place (tabled from the December 10, 2019 County Commission meeting) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of February 18, 2020. DESCRIPTION AND CONDITIONS At its meeting on December 10, 2019, the Board of County Commissioners considered a report from the County Building Official regarding a vacant 4 -unit multiplex residential building at 530 13th Place. County building staff had posted the building as unsafe and had advised the owner to repair or remove the structure (see Attachment 1, 11/14/2019 staff report). As reflected in the staff report at that time, staff's recommendation was for the Board to declare the structure as unsafe and a nuisance, and order that the building be demolished. At that meeting, however, the building owner, Maria De Los Santos, spoke of her problems and efforts over the years to secure and maintain the property, indicating that she had recently replaced windows and doors to secure the structure, which is otherwise in solid condition (see unapproved 12/10/19 BCC minutes, Attachment 2). After further discussion, the Board voted to table the matter until after the Code Enforcement Board's January 27, 2020 meeting, at which time the Code Board could considered setting fine amounts relating to past violations on the property. Code Enforcement Board Action At a hearing on January 27, 2020, the Code Enforcement Board considered two cases relating to the subject property. Under the two cases, accruing fines had been previously imposed for exterior maintenance and unsecured structure violations. [Note: leading up to the hearing, the owner conducted further clean-up of the exterior of the building, bringing it into full compliance with the Code Board's orders as of December 15, 2019 (see photos, Attachment 3).] At the January 27 hearing, the Code Board acknowledged the owner's compliance with the previous orders and set the fine amount due for the two cases (combined) at $4,300 (see unapproved CEB minutes, Attachment 4). 84 ANALYSIS In addition to the Code Enforcement Board's action since the County Commission's tabling of this matter, county building staff has developed an estimate of what would be considered a reasonable time frame for design, permitting, and restoration of the building to a useable residential condition (see Attachment 5). The time frame estimate is summarized as follows: • Within 30 days: permitting for installed windows and doors (option: incorporate within overall renovation permit). • Within 90 days: owner obtains a design professional and contractor, produces required plans and documents; submits a complete application for a renovation permit. • Permit review period: 10-30 days, depending on completeness of application. • Start of construction: within 45 days of permit issuance. • Construction/renovation completion: within 6 months of commencement. • Total time frame: approximately one year. The Code Enforcement Board, in reducing and setting the accrued fines at its January 27 meeting, discussed and considered the public interest of the owner bringing the 4 -unit multiplex "back on line" for work -force housing as opposed to the building being demolished. In the meantime, however, the Code Board emphasized the need for the owner to maintain the property in a clean, safe condition so as not to cause an attractive nuisance and blight to the neighboring properties. The subject building, in its current secured condition with cleaned -up exterior, is not the safety hazard or nuisance that it was in its previous unmaintained state. Notwithstanding, staff has concerns that, unless the owner maintains the property and progresses with renovations (as outlined above), the property could again become an unsafe attractive nuisance. For reasons explained herein, staff supports holding off on demolition of the building to allow for renovation within the referenced time frame, with the understanding that the County can revisit that matter via code enforcement and condemnation action if no progress is made towards renovation. RECOMMENDATION Staff recommends that the Board of County Commissioners hold off on directing staff to proceed with demolition of the subject building, with the understanding that if the owner does not progress with renovations and occupancy of the building in the coming year, staff will bring this matter back to the Board for demolition authorization. ATTACHMENTS 1. 11/14/2019 staff report (presented to the BCC on 12/10/2019). 2. Unapproved BCC 12/10/2019 meeting minutes. 3. Exterior photos of building and property as of December 15, 2019. 4. Unapproved CEB 1/27/2020 meeting minutes. 5. Building staff estimate of design, permitting, and renovation time frame. 85 r [Staff report presented to BCC 12/10/2019] INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: Jason E. Brown County Administrator DATE: November 14, 2019 SUBJECT: Condemnation, Demolition and Removal of Unsafe Structure Located at 530 13th Place THROUGH: Roland DeBlois, Director Community Development Department FROM: Scott P. McAdam, MCP, CBO Building Official It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 10, 2019. DESCRIPTION AND CONDITIONS: The structure listed in the attached condemnation list has been condemned and ordered repaired or removed by the Building Official. Said structure is a four -unit apartment building that has been inspected by staff and is considered unsafe and detrimental to the health, safety, and welfare of the general public. As per county code requirements, the owners of the property were issued a notice to repair or remove the structure within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, a condemnation card was posted on the property. The owners were also notified that the Board would consider a Resolution to demolish the building and impose a lien, if they failed to demolish the structure or obtain a permit to repair the structure. None of the owners have applied for repair permits, demolition permits, or appealed the decision of the Building Official. 86 ANALYSIS: The subject structure has been vacant for a considerable time. During that time, the building has continued to deteriorate and have been frequented by vandals and transients. Not only have the owners failed to maintain the structure in compliance with the Minimum Standard Codes, they have failed to bring the structure into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structure and with assessing a lien against the property for demolition and removal. The County Attorney's Office has reviewed the title reports on this parcel and found no encumbrances (i.e. mortgages, liens) other than code enforcement liens or tax certificates from unpaid taxes. • Owner: Maria L. Alo c/o Indian River Beach Properties LLC, a dissolved limited liability company. Zoning: multi -family residential (RM -10). There is an unpaid utility lien for $2,512.11 since July 25, 2008. There is a code enforcement fine accruing since December, 2014, now estimated to be $177,000, and another code enforcement fine accuring since December 2016 now estimated at $105,000. The property taxes have not been paid for 2019, but are otherwise current. FUNDING Funding in the amount of $12,525 for the demolition and removal of the unsafe structure on the residential site is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a demolition contract is awarded, a budget amendment will need to be processed to move those funds to the MSTU/Road & Bridge/Other Contractual Services- Account # 00421441-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners declare the referenced structure unsafe and a nuisance, and order the building demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. Staff further recommends that the Board adopt the proposed resolution, which authorizes the Building Official to report the county's demolition and debris removal cost for said structure to the County Attorney, who will then prepare and record a lien against the subject property for the purpose of recovering County demolition costs. 87 ATTACHMENTS 1. Resolution 2. Condemnation List 3. Pictures of Condemned Structure 88 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURES AND THE RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Property Maintenance Code at Chapter 403, Indian River County Code; and WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolition of unsafe structure; and WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against property on which the county has incurred demolition costs; and WHEREAS, A notice of intent to adopt a lien resolution has been given to the proposed Iienee(s), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the unsafe structure on the property described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare lien(s) for the recovery of those costs, to be placed upon the real property of the unsafe structures as listed in the attached Condemnation List, any such liens bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. 89 The foregoing resolution was offered by Commissioner , and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan, Commissioner Bob Solari, Chairman Tim Zorc, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 10th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By William K. DeBraal Deputy County Attorney 90 CONDEMNATION LIST: 1. Owner:. Maria L. Alo c/o Indian River Beach Properties LLC a dissolved limited liability company Property: 530 13th Place Tax ID#: 33-39-12-00025-0000-00004.0 Legal Desc.: Lot 4, Orange Terrace Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 17, of the Public Records of Indian River County, Florida. 91 M O, l 0\ N C1 CO GT Board of County Commissioners Meeting Draft December 10 .2019 1. 19-1110 Condemnation, Demolition and Removal of Unsafe Structure Located at 530 13th Place Recommended Action: Staff recommends that the Board of County Commissioners declare the referenced structure unsafe and a nuisance, and order the building demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. Staff further recommends that the Board adopt the proposed resolution, which authorizes the Building Official to report the county's demolition and debris removal cost for said structure to the County Attorney, who will then prepare and record a lien against the subject property for the purpose of recovering County demolition costs. Attachments: Staff Report Resolution Condemnation List Pictures of Condemned Structure Building Official Scott McAdam referred to staffs memorandum and a PowerPoint Presentation to provide the background on the vacant four (4) unit multi -family residential dwelling at 530 13th Place. He told of a December 4, 2019 meeting that staff had with the property owners, Juan De Los Santos and Maria De Los Santos of Indian River Beach Properties. Mr. McAdam stated that staffs recommendation was to order the building demolished; however, staff would be open to the structure being renovated rather than demolished, if a reasonable timeline could be agreed upon by the Board and the property owners. Commissioner O'Bryan questioned Mr. McAdam about the cost of renovating the structure, and he estimated the cost to be $200,000. The Commissioner then referred to Code Enforcement Chief Roland DeBlois for clarification related to the possibility of reducing the outstanding fines. Chief DeBlois explained that the fines were related to the exterior maintenance and securing the structure, and he stated that once those items were taken care of, the owners could go to the Code Enforcement Board for the consideration of reducing the accrued flat fine. Commissioner Solari explained that County staff and the residents/property owners in the neighborhood have been dealing with the negative impact of the property at 530 13th Place for ten (10) years. He also mentioned the fact that the property was owned by a dissolved Limited Liability Company, and that the recent improvements to the property were not permitted. He suggested going before the Code Enforcement Board in the near futureto have the guidelines made clear, and to have the reduced fine amount paid in advance, with a condition written in the guidelines agreement that the code enforcement fines would revert back to the original dollar amount if the property was not secured within the timeline that is set. 100 Indian River County Florida ATTAC H M E NT age 1 Board of County Commissioners Meeting Minutes - Draft December 10, 2019 Vice Chairman Flescher questioned Mr. McAdam about permitting the work that had been done, and he felt it would be an easy task. Chairman Adams opened the floor for public comments. Margaret Slay, who represented four (4) properties that include 20 apartments on 13th Place, offered her concern regarding vandals and vagrants. She requested a plan for moving forward. Maria De Los Santos, a resident of Miami and a property owner at 530 13th Place, spoke of her dissatisfaction that none of the neighbors had called law enforcement to report that vagrants were on the property. She stated that the problems on the property began after the 2004 hurricanes and she elaborated on the multiple attempts to secure the property and addressed the related issues. Ms. De Los Santos explained that in the past 60 days, they have installed new windows and doors with the exception of the sliding doors in the back of the units, which would remain covered by boards for visibility purposes related to vandals until the back of the property is cleared. Commissioner O'Bryan received confirmation from Ms. De Los Santos that she and her husband had the financial means to bring the property into compliance. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to: 1) direct Code Enforcement Chief Roland DeBlois to arrange for the property owners, Juan and Maria De Los Santos, to appear before the Code Enforcement Board; 2) request that the Code Enforcement Board determine a conditional fine amount to be paid by the property owners in a reasonable amount of time; and 3) direct Building Official Scott McAdam to prepare a timeline for improvements that would include permitting and inspection requirements to be followed by the property owners. Discussion ensued, and County Attorney Dylan Reingold reminded the Board that the item before them involved demolition. Additional discussion was heard, and it was noted by Chief DeBlois that the next Code Enforcement Board meeting was January 27, 2020. Commissioner O'Bryan agreed to amend his motion to table the agenda item until February 18, 2020. An amended motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to table the item until February 18, 2020. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Nay: 1 - Commissioner Solari 101 Indian River County Florida ATTACHMENT /age 2 102 weeds, debris and junk vehicle violations that originally came before the Board on February 26, 2018 and that after one extension, a $100 per day fine was imposed on April 21, 2018 when compliance was not met. Compliance was verified on January 22, 2020 after a passage of 641 days, for a flat accrued fine of $64,100 with administrative costs being $2,000. He added that the Property Appraiser's estimated market value for the Subject Property is currently $79,310. Respondent Mr. Martin Fee cited overwhelming family medical issues as the reason for his delay in coming jntjo compliance, adding that he now has a potential buyer for the Subject Property\ \�y `. 01:47:20 j i '' ON MOTION BY ! Mr. Pete Clem_ ents, SECONDED by Mr\$Joe Petrulak,he Board voted unanimously (5-0) "oto acknowledge. compliance and. reduce the fine:,., to administrativeo.sts of $23000. It is noted for the record; that' the Respondent was present for this hearing. \ Y 01:47:50 Case #2016060187 — Iridian River Beach Properties LLC and) (Case #2014070124s Juan & Maria Delossantos) The secretary adrniriistered=the-testimonial oath to the Respondent as well as other members of�the�audience.that had arrived after the beginning of the meeting. \ `, \ Mr`'Andy Sobczak',reported that the case ending is 0187 related to debris and external property maintenance violations on a vacant multiple - family residence that originally came before the Board on August 22, 2016. After two extensions; a;$100 per day fine was imposed on November 26, 2016 when compliance was not met. Compliance was verified 1,114 days later on December 15, 2019 for a flat accrued fine of $111,400 with administrative costs being $2,300. The Property Appraiser's estimated market value for the Subject Property is currently $93,148. Respondent Ms. Maria Delossantos testified that the Subject Property has been cleaned up, mowed and secured. She reviewed the series of events that occurred since the eviction of all tenants due to mold followed by several 103 years of negotiations with their insurance company to no avail. She advised that her consistent efforts to keep the property safe and in compliance have been hindered by squatters and thieves, despite the trespass notices affixed to the building. She stated that she has hired a contractor to begin the rehabilitation process of the building. � 02:10:00 ON MOTION BY Mr. Bruce Redus, SECONDED by Mr. Joe Petrulak, the Board voted unanimously (5-0) to table discussion on case #2016060187 until after case #2014070124 is heard. Mr. Andy Sobczak informedhe1Board that the`case\ending is 0124 related to overgrown weeds and internl,property maintenance violations that originally came before them on August-26;k201,,4cand had some overlap with the case ending in 0187. (After, one extension,/a $100 per day fine was imposed on November 22, 201.4. whecomplianwas not met. Compliance was verified 1,849 days lateron.nDececompliance was 15,`2019 for a flat accrued fine of $184,900 with administrative cost being $2,000\ Mr. Andy Som bczak advised `, that the BCC discussed condemnation of the Subject Property at their last meeting/but tabled'it until their February 18, 2020 meeting pending the Coutcome\of this board. He stressed that the prope ty has-been significantly cleaned *and is currently in compliance. The Board discussed the shortage of affordable housing as well as the hardships fa e�d(by the Respondent•ir relation to.this Subject Property. 02:15:30 ON MOTION BY Mr. Joe Petrulak, to acknowledge; compliance and reduce the fine for both'cases to $9314 which is ten percent of the accessed market value of the Subject Property. There `vvas no second to this motion and it failed. 02:17:50 ON MOTION BY Mr. Pete Clements, SECONDED by Mr. Joe Petrulak, the Board voted unanimously (5-0) to acknowledge compliance and reduce the fine to combined administrative costs of the two cases for a total of $4,300. 104 530 13TM PLACE ESTIMATED TIME FRAME FOR DESIGN, PERMITTING, AND RENOVATION Address: 530 13th Place Timeline for renovation/improvements required for permitting and inspections. Within 30 days 1. Permitting of unpermitted installation of replacement doors and windows. Option; incorporate this with the overall renovation permit, if so the 30 time criteria can be extended. Within 90 days 1. Obtain a design professional to produce required plans and documents in ordertosubmit for required renovation permit. 2. Duringthis same time period obtain a contractor that will submitforthe renovation permit. Permit review period 1. Permit will be reviewed within 10days after submittal. 2. If there are review comments, have the contractorand design professional respond without delay. 3. Ifa second review is required to address initialreview comments, thatwill be conducted upon re -submittal. 4. Permit should be able to be issued between 10and 30 days after initial submittal Start of construction within 45 days 1. Construction commence within 45days after permit issuance. Construction/renovation completion 6 months 1. Construction should be able to be completed within 6 months afterthe start date. If continued progress can be verified than time beyond the 6 months could be justified. Total approximately 1 year 105 6/30/2020 (a. II. 1 CONpENINATION0 DEM2LITION, AND REMOVAL . OF UNSAFE STRUCTURE AT • 530 13TH PLACE . BOARD OF COUNTY COMMISSIONERS FEBRUARY 1 8, 2020 (TABLED FROM 1 2/ 1 0/ 1 9 BCC MEETING) ID5- 1 1 6/30/2020 BACKGROUND • VACANT 4=U'NIT MULTIPLEX RESIDENTIAL STRUCTURE (ORANGE TERRACE S/D RM -1 0) • COU'NTYSTAFF POSTED THE BUILDING AS UNSAFE,.OWNER ADVISED TO REPAIR OR REMOVE STRUCTURE DECEMBER 10, 2019 .BCC MEETING: STAFF RECOMMENDATION THAT BCC DECLARESTRUCTURE UNSAFE AND A,NUISANCE, AND . ORDER THE BUILDING BE DEMOLISHED - • ITEM/ACTION TABLED UNTIL AFTER CODE ENFORCEMENT BOARD CONSIDERATION, BASED ON OWNER REPLACEMENT OF WINDOWS & DOORS, INDICATION OF EFFORTS TO SECURE AND RENOVATE BUILDING ios.� 6/30/2020 CODE ENFORCEMENT BOARD ACTION • JAN'U_ARY 27, 2020 HEARING: CODE ENFORCEMENT BOARD ACKNOWLEDGED COMPLIANCE (AS OF 12/15/2019) RELATING TO EXTERIOR MAINTENANCE AND SECURING OF STRUCTURE • COMBINED FINE OF TWO CASES SET AT $4,300 105 --.3 6/30/2020 ESTIMATED TIME FRAME FOR DESIGN, PERMITTING, AND RESTORATION OF BUILDING • 30 DAYS: PERMITTING FOR INSTALLED WINDOWS AN DOORS (OR INCORPORATE WITHIN OVERALL RENOVATION PERMIT) • 90 DAYS: OWNER OBTAINS DESIGN PROFESSIONAL AND CONTRACTOR, PRODUCES PLANS, SUBMITS -COMPLETE APPLICATION FOR RENOVATION PERMIT • PERMIT REVIEW PERIOD: 10-30 DAYS, DEPENDING ON COMPLETENESS OF APPLICATION • CONSTRUCTION/RENOVATION COMPLETION: WITHIN 6 MONTHS OF COMMENCEMENT • TOTAL TIME FRAME: APPROXIMATELY ONE YEAR'. 4 os -t} 6/30/2020 OWNER ACTIONS SINCE DECEMBER 10, 2019 BCC MEETING • HAS CLEANED UP EXTERIOR OF PROPERTY AND HAS SECURED BUILDING HAS APPEARED BEFORE THE CODE ENFORCEMENT BOARD FOR SETTING OF FINE ($4,300) AND HAS MADE PARTIAL PAYMENT TOWARDS FINE • HAS ADVISED STAFF THAT A LICENSED CONTRACTOR HAS BEEN HIRED, AND BLUE PRINTS OF BUILDING HAVE BEEN OBTAINED FOR DESIGN OF INTERIOR RENOVATIONS • HAS INDICATED THAT EFFORTS ARE UNDERWAY TO MEET STAFF'S ESTIMATED TIME FRAME FOR COMPLETION OF RENOVATION STAFF RECOMMENDATION • STAFF RECOMMENDS THAT THE BOARD HOLD OFF ON DIRECTING STAFF TO PROCEED WITH DEMOLITION, WITH THE UNDERSTANDING THAT IF THE OWNER DOES NOT PROGRESS WITH RENOVATIONS IN THE COMING YEAR, STAFF WILL BRING THIS MATTER BACK TO THE BOARD FOR DEMOLITION .AUTHORIZATION, 1 05- 5 5 6/30/2020 6 J 6/30/2020 7 105--'7 12,A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: February 10, 2020 SUBJECT: Consideration of Affordable Housing Advisory Committee Recommendations It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of February 18, 2020. DESCRIPTION AND CONDITIONS In December of 2018, the Indian River County BCC requested that its Affordable Housing Advisory Committee (AHAC) discuss, study, and review the affordable housing issue within the county and develop new recommendations to encourage the development of new affordable housing. Since receiving that direction, the committee has met a total of 6 times. Through its meetings, the AHAC first began by defining what is "affordable housing",then the AHAC moved on to review and quantify the scale of the affordable housing problem within the County, and then to identify governmental and non-governmental actions that could be taken (beyond current adopted policies and regulations) to help facilitate the development of more affordable housing.. At their first meeting on February 14, 2019, the AHAC discussed the term "affordable housing" and the fact that it is generally defined as a circumstance where housing expenses (monthly rent or mortgage payment including taxes and insurance) are covered by no more than 30% of a household's gross income. In later meetings, the AHAC reviewed the 28/36 Rule, which further refined the definition to also take into account other debt. The 28/36 Rule is a common rule followed by lenders that says that a household should spend a maximum of 28 percent of its gross monthly income on housing expenses (mortgage, taxes, insurance) and 36 percent on total debt service (housing expenses plus other monthly debt payments). 106 As part of the AHAC's analysis, the 28/36 rule was applied to varying income ranges starting with a single minimum wage job earning just under $18,000 per year up through a household earning $75,000 per year to determine maximum monthly housing payments by income category. That maximum housing payment information was compared to the development sales and rental prices for new single family and town home units currently available for sale and to newer rental project rent rates. This analysis found that there are currently no new single-family home or townhome purchase, options for households with annual incomes below $65,000 and found similarly that r there are no market rate rental apartment complexes options for households earning Less than. $50,000 to $55,000 per year. To quantify the issue, approximately 52%, or 30,000 households in Indian River County do not have a high enough income (assuming a FHA Mortgage with 3% down payment) to afford the lowest priced market rate new home option currently available in the County or to rent a market rate apartment. The problem gets worse when looking at projections to the future. Based on Census and County growth projections there will be a need for over 5,000 new housing units by 2030 that will not be built by developers of market rate developments (homeownership or rental). The AHAC found that the reason that new homes are not being built to be sold to households with annual incomes of less than $65,000 and why apartments are not being developed to address income ranges below $50,000 to $55,000 is purely economics. As evaluated in detail by the AHAC, the hard costs (land, overall site development costs, and building construction costs) and soft costs (impact fees, design and engineering costs, etc.) when combined drive the sales price of homes and rental rates of apartments to costs only sustainable by higher income groups. The AHAC reviewed potential options for reducing development costs and incentivizing affordable housing development (beyond the County's current methods) and on January 22, 2020, the AHAC completed its list of recommendations for BCC consideration (Attachment 1). That list includes recommendations for setting affordable housing development targets, revising the County's expedited permitting process and Land Development Regulations, reducing or eliminating impact fees, identifying vacant land and encouraging redevelopment opportunities, advocating for increased funding; and requesting municipalities within the County to review and modify their regulations to encourage affordable housing. At this time, the AHAC requests the BCC review and consider the list of recommendations and provide direction to staff and the AHAC. ANALYSIS The AHAC's 15 recommendations, along with a brief description and actions needed for implementation, are listed on Attachment 1. While some of these recommendations are straightforward and easy to implement, such as adopting targets and meeting regularly, others, such 107 as modifying land use and zoning maps and amending development and permitting policies are complicated long-term tasks with potential legal and personal property ramifications. Some of these implications are discussed in more detail in Attachment 2. In summary, there is an unmet need for as many as 5,000 new affordable housing units in the County by 2030. Although funding is available, it is often diverted by the state to other projects not related to affordable housing. Challenges exist in the County to develop affordable housing that are market based. Those challenges may be reduced through action by the BCC and its municipalities on the list of recommendations from the AHAC. Some of the actions can be implemented more quickly than others and some will take some time to analyze and if appropriate for the County to implement. FUNDING Funding in the amount of $10,000 for the purchase of the former Gifford Gardens property (AHAC recommendation number 8) will be provided via budget amendment from General Fund — Cash Forward October lst Account Number 00119981-099910. RECOMMENDATION Staff recommends that the Board of County Commissioners (BCC) review and consider the list of Affordable Housing Advisory Committee Recommendations, discuss any proposed changes the BCC would like, and approve the list for implementation (as may be modified by the BCC). Specifically, staff recommends that the BCC approve the negotiated price of $10,000 for the former Gifford Gardens property and authorize the chair to execute any documents necessary to effectuate the sale. ATTACHMENTS 1) List of Affordable Housing Advisory Committee Recommendations 2) Affordable Housing Advisory Committee Recommendations Detailed Discussion F:\Community Development\SHIP\AHAC\AHAC 2019 - 2020\BCC ITEMS\BCC Agenda Item - AHAC Recommendations - February 18 2020 Final.doc 108 Affordable Housing Advisory Committee (AHAC) Recommendations January 22, 2020 Type of Action Policy Adoption Policy Adoption Administrative/Staff Action Ordinance Revision Ordinance Revisions Administrative/Staff Action Ordinance Revisions Ordinance Revision Foreclosure on Property and RFP process for site development Details Set a 5 year (2025) county -wide target of 1,500 additional affordable housing units produced, secured, or provided through assistance by private sector and public sector efforts. Set a 2030 county -wide target of 4,000 additional affordable housing units produced, secured, or provided through assistance by private sector and public sector efforts. Revise expedited permitting process with new forms and follow-up (completed by staff). Develop regulations that would allow for smaller 36 foot wide lots with smaller homes. Review with various County departments to identify issues that may arise with small lots (e.g. drainage, ac unit location, noise, roof overhangs, etc.) Decrease ability to develop market rate housing on small lots and increase. incentives for affordable small lot developments. Propose modifications to existing small lot affordable housing subdivisions, plat over site plan, and Planned Development (PD) regulations to remove small lot options for market rate housing. Make sure that the regulations address potential compatibility issues between such developments and adjacent uses. Review affordable housing development incentive provisions and propose appropriate modifications that will encourage the use of the regulations. Develop informational packets for tiny homes and/or modular homes to make people aware of the possibilities and requirements. Make sure regulations don't unnecessarily drive up costs. Update accessory dwelling regulations to increase square footage cap from 33% to 50% of heated/cooled gross floor area of principal home. Keep 750 square foot under air accessory dwelling cap, except for lots greater than one acre, containing a principal home of 2,500 square feet or larger. Those lots would have a cap of 1,000 square feet under air. Support reduction of impact fees for affordable housing. $0 impact fees for very low and low income single-family housing of less than 1,000 square foot. 50% of reduced impact fee rate for very low and low income single-family housing between 1,000 and 1,500 square foot. (part of impact fee study update). 4730 40th Avenue, Vero Beach, FL 32967, Property Parcel Number 32392200000500000018.0 Acquire through foreclosure or purchase the now vacant (empty lot) of the former Gifford Gardens apartment complex. That property has multiple liens that have not been paid. Then solicit proposals from housing organizations to develop site with owner occupied or mix of owner occupied and rental housing. (underway). GeneraUBrief Description 1. Set Affordable Housing Targets and Achieve Them 2. Revised Expedited Permitting 3. Allow Very Small Lot Subdivisions 4. Remove/Limit Small Lot Market Rate Housing Options and Increase Incentives for Small Lot Affordable Development 5. Tiny and Modular Home Promotion 6. Increase Accessory Dwelling Size 7. Impact Fee Reduction 8. Gifford Gardens Site Acquisition and Design Concept AHAC Proposed - January 22, 2020 x 0 0 O N 0 0 N N r1 w CO CC CC CQ CL V) 0 O co a c v E E 0 0 QJ ca2 ✓ c v E r 0 h w w 0 0 co O O N O1 O 0 0 0 S Q i a E a 0 w 0 0 .c E E 0 0 LL AFFORDABLE HOUSING ADVISORY COMMITTEE RECOMMENDATIONS DETAILED DISCUSSION 1. Establish an objective for 1,500 new affordable housing units in the County by 2025 and a total of 4,000 new affordable housing units in the County by 2030. Per the AHAC, the County and its municipal representatives determined that they could work together on that objective through advocating for full funding of the State's Affordable Housing Trust Fund, including the State Apartment Incentive Loan (SAIL) Program and the County's State Housing Initiative Partnership (SHIP) Program, advocating for allocation of. other state and federal affordable housing incentives to projects in the County (such as Low Income Housing Tax Credits (LIHTC)), and from implementation of various AHAC recommendations that include ordinance revisions and development review process improvements, support of public-private partnerships, and implementation of educational programs for obtaining and maintaining housing. 2. Revise the expedited permitting process to identify and correct specific points where affordable housing projects and permit reviews get slowed down. In this case, staff has already reviewed the issue and has made internal changes to help to resolve. This included developing a new bright colored form specific for affordable housing and sharing and coordinating with various reviewers from multiple departments. A liaison was also established and it was requested that the departments and affordable housing developers reach out to the liaison so that the liaison could help facilitate reviews and approvals and address any slow -downs in the review process. 3 & 4. Revise the County's small lot subdivision regulations to allow even smaller lots to provide for "shotgun" style homes and (4.) revise county planned development regulations and plat over -site -plan regulations to restrict the ability of developers to build market rate housing on small lots intended for affordable housing. These recommendations will require evaluation of and revision to several sections of the County's Land Development Regulations and will require a feasibility analysis and coordination with various departments (at least in the case of reducing lot sizes to less than the already small 50 -foot -wide lots). Lots of less than 50 feet wide are not unheard of and have been developed in other communities in the state. Those communities and their regulations could also be evaluated and government staff interviewed to identify challenges that may be associated with the smaller lots to determine if they are a good option for Indian River County. 5. Prepare information sheets and packets that review the local feasibility of developing tiny and modular homes. The informational packets would be intended to explain what can and cannot be done in Indian River County based on existing codes. The information could also help to facilitate development of these affordable home options by providing resources and steps involved. As proposed, this recommendation would involve some initial up -front staff time to develop and then very limited staff time thereafter other than for permit review that already takes place for more traditionally built single family homes. 6. Modify the County's existing accessory dwelling regulations to allow larger units. Currently, the County's accessory dwelling regulations allow for accessory housing units in agricultural, single-family, and multi -family zoning districts throughout the County. Staff has found that the accessory dwelling regulations have rarely been utilized by homeowners. Feedback on this issue has in part been attributed to the fact that accessory dwellings are limited in size to no more than 33% of the heated/cooled gross floor area of the primary 111 residential unit or 750 square feet, whichever is less. The AHAC proposes that the Accessory Dwelling regulations be modified to allow accessory dwellings of up to 1,000 square feet under air on lots of greater than 1 acre in size that have houses greater than 2,500 square feet. The AHAC also recommends increasing the cap of accessory dwellings from 33% to 50% of the heated/cooled gross floor area of the primary residential unit. Modifying the regulations as proposed should not have a substantial negative impact upon neighboring properties given the fact that minimum zoning setback requirements are still required. 7. Support the reduction of impact fees for affordable housing. This recommendation was recently reviewed by the BCC on January 21, 2020 as part of the County's impact fee study update report. At that time the BCC indicated its support of the recommendation through a $0 impact fee for affordable housing for very low and low income households with housing units below 1,000 square foot in size and a 50% impact fee rate for affordable housing for very low and low income households with housing units between 1,000 and 1,500 square feet in size. The elimination and reduction of impact fees for affordable housing is allowed per Florida Statute amended during the 2019 legislative session. 8. Foreclose on or otherwise acquire the former Gifford Gardens apartment complex site located at 4730 40th Avenue, Vero Beach FL 32967 so that the County can work with non-profit or for-profit housing providers to provide new affordable housing on the site. Currently the site is vacant, but formerly contained a dilapidated apartment complex that had numerous health, safety, and maintenance code violations. The complex was ultimately torn down in 2011 but currently has substantial public liens on it. The BCC recently reviewed this request from AHAC and directed the County Attorney's Office to coordinate with the current owner to see if the County could purchase the property at a justifiable price. If such coordination was unsuccessful in three months, the County Attorney's Office was directed to pursue foreclosure. Since BCC direction, the County Attorney's Office has spoken with the property owner and has negotiated a purchase price of $10,000. The County Attorney's Office recommends that the BCC approve the negotiated priced and authorize the chair to execute any documents necessary to effectuate the sale. 9. Direct the AHAC to meet regularly to review affordable housing progress and challenges. While this task will likely involve greater staff resources, it does not appear that the issue of affordable housing is going to be easily solved and that challenges will remain that will take more time and resources to solve. 10. Work with existing housing providers and businesses in the County to support educational programs for credit repair, mortgage process education, probate process education, and other related educational programs that will help facilitate money management and homeownership. With this recommendation, the BCC and municipalities could look to provide meeting space for educational programs and could help to facilitate, however, this should be a partnership with non -profits and the private sector. The degree to which the BCC should dedicate staff time and resources to this needs to be defined. 11. Review of the county's various multi -family zoning districts to identify opportunities to remove some use allowances to preserve those zoning districts for multi -family housing. For example, currently the County's multi -family zoning districts allow for uses such as single-family homes in plat over site plan developments. These developments produce market rate single family homes on Tots similar in size to the County's small lot subdivisions, which are intended for affordable housing. As reviewed by the AHAC, there is a limited supply of multi -family housing in the County and allowing other non -multi -family uses to develop 112 within multi -family zoning districts limit the opportunity for alternative affordable attached unit housing such as townhomes (homeownership) and apartments. 12. Increase the allowed amount ofhousing in residential zoning districts without increasing the amount of residentially zoned land. The AHAC recommendation for this is to increase the affordable housing density bonus from 20% to 50% in multi -family zoning districts and to request that the municipalities do something similar. For Indian River County, it is recommended that this involve a review of its current density bonus regulations to see if additional site design and buffering requirements should be added and whether additional criteria should be developed to help transition denser projects from adjacent properties and different zoning districts. 13. Request municipalities review their regulations and modify those regulations as appropriate to promote more affordable housing. While the AHAC is a county committee, it contains elected officials and/or staff from each municipality in the County. While those officials and/or staff can take recommendations back to their communities, the AHAC is requesting that the BCC initiate a formal request. This could be through a motion, resolution, or letter, depending upon preference of the BCC. 14. Evaluate the Future Land Use and Zoning maps to determine if there are additional areas where multi- family zoning should be allowed and at what density. Thiswould involve review of specific areas of the county and may involve review of site conditions and surrounding uses. It is anticipated that this would involve analysis by several staff and report development. Note: recommendations 11, 12, and 14 involve staff time and analysis with presentations to the AHAC and BCC and involve both increasing and decreasing property rights, which would need legal considerations. 15. Advocate for additional affordable housing funds, which could include a letter from the BCC to the state and/or lobbying. This recommendation is related to the fact that the state has consistently year after year raided the Florida Housing Trust fund and re -allocated those funds to other state projects and purposes. The Florida Housing Trust Fund was established in the early 1990's as a source of funding for affordable rental housing projects through the State Apartment Incentive Loan (SAIL) program and for the County's State Housing Initiative Partnership (SHIP) program. The SHIP program is primarily for homeownership rehabilitation to preserve existing affordable housing stock and home purchase assistance. Based on current calculations, the state has taken over 2 BILLLION dollars from the Affordable Housing Trust fund since 1993 and re -allocated to other state priorities. Taking funds away from the SAIL and SHIP programs has slowed the development of needed rental apartments and has prevented the County from assisting countless very low, low, and moderate income homeowners to rehabilitate and preserve existing homeowner housing. With respect to affordable rental housing apartments, the last apartment complex built through housing programs available through the state was in the 2001 to 2003 time frame. This can be attributed in part to the lack of funding available through the SAIL program, but also can be attributed to limited funds available through Federal Low Income Housing Tax Credits (LIHTC), which is administered by the state. In short, the LIHTC program contains criteria that has in part prevented development of affordable housing in Indian River County. The AHAC recommendation to advocate for funding, if ultimately obtained, will help the County, non-profit housing providers, and for-profit housing providers to address the demand for new affordable housing and preservation of affordable housing in the County. Based on AHAC analysis, any BCC advocacy 113 should be broad enough to cover not only the SAIL and SHIP programs, but to include the LIHTC program and any other program administered by the state. F:\Community Development\SHIP\AHAC\AHAC 2019 - 2020\BCC ITEMS\Attachment 2 - AHAC Detailed Discussion.docx 114 fa.A Board of County Commissioners February 18, 2020 Consideration of Affordable Housing Advisory Committee (AHAC) Recommendations Purpose • December 2018: BCC requested that AHAC discuss, study, and review the affordable housing issue within the county and develop new recommendations to encourage development of new affordable housing. • AHAC has met 6 times and extensively analyzed the affordable housing issue • Developed list of 15 Recommendations 11LJ_f 1 Income Classification and Projected Need Annual Income $30,000 $35 000 $40,000 $45 000 $50000 $55,000 $60 000 $65 000 $70 000 Income Classification for Household Size of 3 People Income Range (2019 Data) Low Income (LI) Moderate Income (MI) $21,330 - $29,250 $29,250 - $46,800 Projected New HH's by 2030 $46,800 - $70,200 Total 1,598 1,763 6,716 Income Available for Housing Annual Income !‘,,,l.71441110 $30,000 $35,000 $40,000 $45,000 $50,000 $55,000 $60 000 $65,000 $70,000 $75,000 Monthly Amount Avail. for housing after car & credit card payments Income Classification for Household Size of 3 People $547 $656 $800 $950 $1 100 $1,250 $1 400 $1 550 Income Needed to afford Town Homes Bein_ Built In IRC Income Needed to afford SF Homes Bein Built In IRC Very Low Income (VLI) Low Income (LI) Moderate Income (MI) Income Range $21,330:- $29;250 $29,250 - $46,800 $46,800 - $7C,200 Total 2 114 Lowest Priced New Spec Homes and Model homes Currently Available from Large Builders in Indian River Coun September 2019) Maximum Mortgage Amount After Other Debt Payments Annual Income Maximum Mortgage Amount with all Loan Payments Included # of Households in County and Percentage (Total 57,911) Projected New HH's by 2030 $17,597 ($7,527) 5,689 [9.82%] 2,130 $20,000 $2,750 7,013 [12.11% and 21.93%] $25,000 $22,157 $30,000 $40,084 7,308 [12.62% and 34.55%] 1,225 [3,355] $35,000 $58,011 $40,000 $75,938 9,530 [16.46% and 51.01%] 1,598 [4,953] $45,000 $93,865 $50,000 $118,831 $55,000 $144,982 10,516 [18.16% and 69.17%] 1,763 [6,716] $183,990 $60,000 $171,132 $65,000 $197,282 $70,000 $223,433 $75,000 $249,583 Lennar Total 40,056 [69.17%] 6,716 3 Lowest Priced New Spec Homes and Model homes Currently Available from Large Builders in Indian River Coun September 2019) Subdivision Model Bed- rooms Bath- rooms Square Footage Garage - # of Cars Start Price Developer- Builder Approx Min. Annual Income Needed Vero Lake Estates 1202-A 3 2 1200 2 $179,990 Wade Jurney $61,000 Vero Lake Estates 1202-A 3 2 1200 2 $181,990 Wade Jurney Vero Lake Estates 1202-A 3 2 1200 2 $183,990 Wade Jurney Verona Trace Townhomes Monarch 3 2.5 . 1690 1 $191,990 Lennar $63,000 Verona Trace Townhomes Sovereign 3 3 1661 1 $192,99(kLennar Verona Trace Townhomes Regal 3 2 1416 1 $199,990 Lennar $64,000 Harmony Reserve Jasmine 2 2 1244 1 $209,000 Maronda $66,000 Vero Lake Estates Oak E 3 2 1443 2 $214,900 Maronda $67,000 Harmony Reserve Hibiscus 2 2 1284 1 $224,000 Maronda $70,000 Vero Lake Estates The Mesquite 4 2 1867 2 $239,900 Maronda $72,000 The Enclave Amherst 4 2 1900 3 $249,000 DR Horton $74,000 Sebastian Highlands Maple E 4 2 1876 2 $249,900 Maronda The Willows Laurel 2 2 1569 2 $249,990 Ryan Homes Timberlake Brooke 3 2 1604 2 $256,815 GHO $75,000 The Willows Sabal 2 2 1733 2 $258,990 Ryan Homes $77,000 Vero Lake Estates The Ashton 3 2 1702 2 $259,900 Maronda Vero Lake Estates The Melody 3 2 2068 2 $259,900 Maronda 3 I I'4-3 Rental Rates Needed to Support New/Future Apartments in IRC Per Unit Costs for Three Proposed Multifamily Projects in Indian River County Cost Indian River Homes Blue Harbor Sebastian's Landing Construction (Hard) Cost - Includes contractors fee $158,586.96 $140,457.81 $119,444.44 General Development (Soft) Cost $26,696.87 $27,821.26 $19,266.18 Financial Cost $9,673.91 ' $11,976.80 $7,037.04 Developer Fee Cost $32,173.91 $29,622.40 $25,000.00 Land Cost $4,239.13 $23,750.00 $8,333.33 ITotal Per Unit Cost $231,370.78 $233,628.28 $179,080.99 I rnancing Cost for Three Proposed Multifamily Projects rn` Indian River with N;o Frnancral;Subsidies and 100%o Financin. g, ProjectedFinancial Costs' Mortgage Rate - Permanent Indian River Homes Blue Harbor. Sebastian'sLanding 5.00%: 5:009/0:..::: 5.00% Term (Years) 30 30 30 Number of Units 46. 80 108 Acres 5.00 9.09 -10.95 Units Per Acre 9.20 8.80.; 9.86 Total Development Cost $10,643,056 S1.8;690,262, - $19,340,747 Monthly Mortgage Payment Per Unit Portion of Monthly Payment $57,134 ......................... . .$T00,333 $103,825 $ 1,242.05 $1,25'4 17: $961.35 Estimated Per Unit Taxes $83.24 $83.24 $83.24 Subtotal[ $1,325.29 $1,337.41:: $1,044.59 Per Unit Monthly Landlord Insurance $25.00- Per Unit Monthly Management Fee (10% of unit rent rate) '$124 $25.00 $25.00 Subtotal: $1,474.50 $1,487.83 $1,165.72 Monthly Per Unit Maintenance Cost (1.5 times unit rent rate/12) o"' SI e gfi : tgl ,ta%e $184.31 ($106585 $185:98 isgoomign $145.72 Sample List of Occupations With Annual Incomes Below $60,000 5 6 • Occupation Mean Annual Salary (2018) Entry. Annual Salary (2018) Occu s atio:n Mean Annual Salary (2018) Entry. Annual Salary (2018) Mechanics and Contractor Trades $19,677 (ELI) $21,136 Teacher Assistants Maintenance and Repair Workers, General Bus Drivers, School or Special Client $30,659 $22,360 Automotive Body and Related Repairers Educational, Guidance, School, and Vocational Counselors $40,040 (LI) $32,552 $24,752 (VLI) $254834 Painters, Construction and Maintenance Heatin., Air Conditioning, and Refrigeration Mechanics and Installers $45,352 (LI) $37,274 $39,458 $27;602 $31,304 Carpenters ircraft Mechanics and Service Technicians Firefighters $36,920 to $31,741 (IA $33,301 Bus and Truck Mechanics and Diesel Engine Specialists Postal Service Clerks $41,746 ood Service Hotel and Bank alters and Waitresses_____ $54,808 (M9) $22,381 (VLI) $18,366 (ELI) $18,491 :artenders $23,462 ashiers $22,152 + $18,866 I' etail Salespersons $26,770 $19,656 _$21,902 $21,923 (VLI) :akers $28,205 Hotel, Motel, and Resort Desk Clerks I $23,712 (VLI) ooks, Restaurant $30,742 $25,168 eilers $31,325. $2Q,562 6 • Occupation Mean Annual Salary (2018) Entry. Annual Salary (2018) School and Child Care Childcare Workers $23,379 (VLI) $19,677 (ELI) $21,136 Teacher Assistants $28,584 Bus Drivers, School or Special Client $36,858 (L $43,118 $30,056 (VLI) $32,718 Child, Family, and School Social Workers Educational, Guidance, School, and Vocational Counselors $54,683 $35,006 Middle School Teachers, Except Special & Career/Technical Education $58,073 ( ) $45,352 (LI) Public Service Court, Municipal, and License Clerks $32,115 $22,672 Firefighters $39,187 (U) $42,640 $32,490 (IA $34,070 Police, Fire, and Ambulance Dispatchers Postal Service Clerks $52,166 $39,520 Police and Sheriffs Patrol Officers $54,808 (M9) $43,826 (LI) 6 Key Findings from Analysis • No new single-family home or townhome purchase options for households with annual incomes below $65,000 • No market rate rental apartment complexes options for households earning less than $60,000 per year. • Unsubsidized apartment complex rent costs are truly "market rate" and address moderate income households and above • Cannot address extremely low, very low, or low income households • Market Rate could be a partial solution to supplying "Workforce Housing". • "Workforce housing" is defined in Florida Statutes as "housing affordable to natural persons or families whose total annual household income does not exceed 140 percent of the area median income". • IRC household size of 1 person = $63,700 • IRC household size of 2 persons = $72,800 • IRC household size of 3 persons = $81,900. 7 Occupation Mean 'Annual Salary (2018) Entry Annual, Salary (2018) Medical Nursing Assistants $26,770 (VLI) $32,739 $22,256 (VLI) $26,395 Medical Assistants Dental Assistants $40,872 $32,843 Registered Nurses $51,667LMIL $39,832 (LI) Office Office Clerks, General - $32,178 $21,611 File Clerks $30,763 $2,942 . Tax Preparers $35,069 $2274 Secretaries and Administrative Assistants, Except Legal, Medical, I $33,883 (LI) $36,026 $25,584 (VLI) $31,346 Legal Secretaries Cleaning Janitors and Cleaners, Except Maids and Housekeeping Cleaners $25,106 (VLI) $24,274 $19,302 (ELI) $19,573 Maids and Housekeeping Cleaners _ Key Findings from Analysis • No new single-family home or townhome purchase options for households with annual incomes below $65,000 • No market rate rental apartment complexes options for households earning less than $60,000 per year. • Unsubsidized apartment complex rent costs are truly "market rate" and address moderate income households and above • Cannot address extremely low, very low, or low income households • Market Rate could be a partial solution to supplying "Workforce Housing". • "Workforce housing" is defined in Florida Statutes as "housing affordable to natural persons or families whose total annual household income does not exceed 140 percent of the area median income". • IRC household size of 1 person = $63,700 • IRC household size of 2 persons = $72,800 • IRC household size of 3 persons = $81,900. 7 Recommendation #1 Set Affordable Housing Targets and Achieve Them • 5 year (2025) county -wide target of 1,500 additional affordable housing units produced, secured, or provided through assistance by private sector and public sector efforts. • 2030 county -wide target of 4,000 additional affordable housing units produced, secured, or provided through assistance by private sector and public sector efforts. Recommendation #2 Revise Expedited Permitting Revise expedited permitting process with new forms and follow-up (completed by staff). Recommendation #3 Allow Very Small Lot Subdivisions • Develop regulations that would allow for smaller 36 foot wide lots with smaller homes. • Review with various County departments to identify issues that may arise with small lots (e.g. drainage, ac unit location, noise, roof overhangs, etc.) Recommendation #4 Remove/Limit Small Lot Market Rate Housing Options & Increase Incentives for Small Lot Affordable Development • Revise county planned development regulations and plat over - site -plan regulations to facilitate small lot development as a solution to Affordable Housing. • Regulations should address potential compatibility issues between such developments and adjacent uses. J(4-61 Recommendation #5 Tiny and Modular Home Promotion • Develop informational packets for tiny homes and/or modular homes to make people aware of the possibilities and requirements. • Make sure regulations don't unnecessarily drive up costs. Recommendation #6 Increase Accessory Dwelling Size • Update accessory dwelling regulations to increase square footage cap from 33% to 50% of heated/cooled gross floor area of principal home. • Keep 750 square foot under air accessory dwelling cap, except for lots greater than one acre, containing a principal home of 2,500 sq. ft. or larger. Those lots would have a cap of 1,000 sq. ft. under air. 10 Recommendation #7 Impact Fee Reduction • $0 impact fees for very low and low income single- family housing of Tess than 1,000 square foot. • 50% of reduced impact fee rate for very low and low income single-family housing between 1,000 and 1,500 square foot. • part of impact fee study update Recommendation #8 Former Gifford Gardens Site Acquisition & Design Concept • Acquire through foreclosure or purchase. • Solicit proposals from housing organizations to develop site with owner occupied or mix of owner occupied and rental housing • BCC recently reviewed and directed the County Attorney's Office to: • coordinate with owner to purchase at a justifiable price. • If unsuccessful in 3 months, to pursue foreclosure • UPDATE: County Attorney's Office negotiated a purchase price of $10,000. • Recommends BCC approve and authorize the chair to execute any documents necessary to effectuate the sale 11 Recommendation #9 Meet Regularly Meet regularly to review progress and challenges. Recommendation #10 Community Education for Issues Affecting Ability to Obtain Housing Work with partners such as nonprofits or businesses to provide support to communities in need of credit repair, mortgage process education, probate process educations, etc. 12 )04 -!2 Recommendation #11, #12, & #14 • Staff time and analysis with presentations to AHAC & BCC • Involve both increasing and decreasing property rights,. which would need legal considerations. Recommendation #11 Limit Uses Allowed in Multi -Family Zoning Districts • Staff to review its current multi -family zoning regulations and identify opportunities to: • limit allowed uses in those zoning districts to reserve multi -family zoned areas primarily for multi -family housing • provide a recommendation to the BCC Recommendation #12 Increase County Affordable Housing Density Bonus Recommend that the BCC direct staff to revise affordable housing density bonus allowances from 20% to 50% in multi -family zoning districts and to request the municipalities to do something similar. Recommendation #13 Request Municipalities to Revise Regulations Request the municipalities in the County to review their regulations and modify to promote more affordable housing, which may include increased density allowances. Recommendation #14 Study Need for Additional Multi -family Zoning Consider whether or not additional multi -family zoning is needed to increase supply and study where specifically that zoning should be placed and at what density (request staff to bring item back to AHAC). Recommendation #15 Advocate State for Funding • State Apartment Incentive Loan (SAIL) program and for the County's State Housing Initiative Partnership (SHIP) program • State has taken over 2 BILLLION dollars from the Affordable Housing Trust fund since 1993 and re -allocated to other state priorities. • Federal Low Income Housing Tax Credits (LIHTC) Scoring Method • Request that the BCC and City and Town Councils advocate the state for affordable housing funds and revise scoring for LIHTC (letter from the BCC to the state, lobbying, etc.). 114--I_5 15 Recommendation Staff recommends that the Board of County Commissioners (BCC): 1. Review and consider the list of Affordable Housing Advisory Committee. Recommendations; 2. Discuss any proposed changes the BCC would like; and 3. Approve the list for implementation (as may be modified by the BCC). 4. Specifically, staff recommends that the BCC approve the negotiated price of $10,000 for the former Gifford Gardens property and authorize the chair to execute any documents necessary to effectuate the sale. .)ry-I(a 16 Example Income Unincorporated Indian River County Multi -Family Zoned Acreage and Development Potential U to Annual Income and Ability to Pay for Housing Annual Income Iigililir, $25,000 Monthly Amount Avail. for housing after car & credit card payments $222 Potential Number of Housin: Units Income Range .,10' Zoning District Max. # of Units Per Acre Total Acres (Vacant Parcels >2 Acres) Max Zcning District 20% Bonus (Currently Allowed under Affordable Housing Regs) 30% Bonus (Not Currently Allowed) 40% Bonus (Not Currently Allowed) 50% Bonus (Not Currently Allowed) $439 RM -3 3 44.95 132 156 169 183 197 $800 RM -6 6 1,197.98 7,L51 8,549 9,256 9,983 10,710 $1 250 RM -8 8 130.32 1,036 1,240 1,343 1,446 1,549 Total RM -10 10 28.69 283 338 366 395 423 Total 1,356.99 8,602 10,283 11,134 12,007 i 12,879 Example Income Classification for a 3 Person Household in Indian River County Compared to Annual Income and Ability to Pay for Housing Annual Income Iigililir, $25,000 Monthly Amount Avail. for housing after car & credit card payments $222 Income Classification for Household Size of 3 People 0. ; ,., E, ,' ind Income Range .,10' Projected New HH s by 2030 r. 0.. Very Low Income (VLI) $21,330 - $29,250 $30,000 $331 1,225 $35,000 $439 Low Income (LI) $29,250 -/ $46,800 $40 000 $547 1,598 $45,000 $656 $50,000 $800 Moderate Income (MI) $46,800 - $70,200 $55 000 $950 1,763 $60 000 $1 100 $65,000 $1 250 $70,000 $1,400 $75,000 $1 550 Income Needed to afford Town Homes Bein: Built In IRC Total 6,716 Income Needed to afford SF Homes Bein • Built In IRC 17 Ito-1�7 12. E INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 7, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Update on Online Vehicle Auction and Additional Surplus Approvals BACKGROUND On July 9, 2019, the Board authorized the sale of 35 titled assets by online auction. Staff noted it would provide results for consideration of permanent authorization to sell surplus vehicles online. DISCUSSION A legal ad for the online auction of the vehicles was placed in accordance with Section 274.06, Florida Statutes, and the vehicles were posted individually for sale on GovDeals.com. Potential bidders were able to view the vehicles by appointment and questions regarding the vehicles were answered on the auction web site. In all, the 35 titled assets, including a boat, portable restroomand concession stand trailers, landscape trailers, pickups, utility trucks, cars, transit busses, an ambulance and a fire truck were sold, for a total revenue of $81,665, or an average per item price of $2,333. At the last live auction, held in December of 2017, 39 titled assets were sold for a total of $91,300 and an average per item price of $2,387. December 2017 Summer 2019 Avg. per item Quantity Type Quantity Avg. per item price by type price by type $150.00 1 Trailers 7 $1,109.00 $450.00 3 Transit Busses 8 $1,266.38 $5,250.00 2 Large Trucks (Dump/Water) $2,600.00 1 Vans 4 $2,033.25 $2,438.00 25 Trucks 8 $2,921.25 $1,075.00 4 Cars/SUVs 4 $2,470.75 $4,416.67 3 Ambulance 1 $6,150.00 Fire Truck 1 $12,210.00 Boat/Trailer 1 $4,025.00 Trailer Mounted Generator 1 $4,220.00 $2,333 Average per item price $2,387 115 As we are experiencing with other assets and tangible goods, there are many benefits to being able to auction vehicles as soon as they are declared excess, including: ✓ Auctions can take place more frequently, ensuring highest potential revenue for the item ✓ A wider audience of potential bidders and no direct competition with other area auctions ✓ Higher number of bidders (recent live auctions have had only a few people bidding per vehicle, while the online auction saw an average of 10 bidders, and as many as 20) ✓ Guaranteed payment through online auction site ✓ While several Tong -parked vehicles required jump starting by Fleet, overall, the man hours expended by staff outside the Purchasing Division was greatly decreased; ✓ Items can be sold from the location they are currently in, anddo not require towing by third party vendors ✓ Staggered pickup of the vehicles, as scheduled by Purchasing with the buyers, enabled staff to phase the processing of paperwork, rather than bulk processing, which can lead to increased issues. FUNDING Legal advertisement is required for the sale of items with an anticipated value of $5,000 or more. The estimated cost is $25 per auction or group of auctions. Advertising costs can be paid by either the department receiving the revenue, or from the General Fund/Purchasing/Legal Ad account (00121613-034910). RECOMMENDATION Staff recommends the Board authorize staff to dispose of all items, including vehicles, via online auction, once properly declared surplus by the Board. Staff also recommends the Board declare the vehicles on the List for 021820 Agenda as surplus, and authorize their sale and/or disposal. ATTACHMENT List for 021820 Agenda 116 List for 021820 Agenda Working yin } } } } z ). z } } } } } } VIN/Serial 1GTDT146268245924 1FDWF36P35ED06680 (Truck) 1FTNE24V13HB35933 1FDNF77H7FVA62382 1FDNF77H9FVA62383 1FDNF77H5FVA62381 1FDNF77H2FVA62385 1FTSS34L76DB06553 4X4TSET233U202503 1GNDM19W9YB118929 1GBE4V1254F22170 1FTYR15E35PA77723 1FDWF36P35ED06677 Description 2006 GMC 1/2 Ton Truck 2005 Ford F-350 with Crane 2003 Ford E-250 Van 1985 - F700 Brush Truck 1985 - F700 Brush Truck 1985 - F700 Brush Truck 1985 - F700 Brush Truck 2006 Ford E-350 Van 8 x 14 Utility Trailer 1999 Chevrolet Astro Van 2004 - Chevrolet 4500 Ambulance 2005 Ford Ranger Extended Cab 2005 F-250 4-. N LL 377 408 ri r-1 cr •SS 552 573 578 625 N CO to 643 702 857 00 lb 00 Asset 23174 Truck 22775/Crane 22092 O0 .--1 N 7846 7847 d' 00 N ON ' 00 N 23703 r -I N 188930 22998 22466 22655 4 CL 0 243 000 N N 0 ri 0 r-1 0 ri 0 ri 250 D ri 0 rI 120 235 00 N 2. E. 2. Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 10, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2020/2021 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2020/2021 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 10, 2020 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Wednesday, July 15, 2020 Thursday, July 16, 2020 (as needed) Wednesday, Sept. 16, 2020 at 5:01 p.m. Final Budget Hearing to adopt budget and millage rates Wednesday, Sept. 23, 2020 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2020/2021 budgets. 118 (2, 4+ C Indian River County, Florida Department of Utility Services Board Memorandum Date: February 7, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: CR -510 Utility Design Agreement a.k.a. Utility Design by FDOT Consultant Agreement Background/Analysis: The Florida Department of Transportation (FDOT) has plans to widen County Road 510 (CR -510) beginning at CR -512 to 58th Avenue. The approximately 5.22 miles of existing two lane roadway will be widened to a four -lane roadway divided with curb and gutter. The proposed roadway improvements will include drainage structures in the form of curb inlets approximately every 500 linear feet. The Indian River County Department of Utility Services (IRCDUS) owns and operates two large water and wastewater mains within the existing CR -510 right-of-way (ROW). Specifically, there is a 12 -inch PVC force main along the south side and a 16 -inch water main along the north side of CR -510. The force main conveys domestic wastewater from multiple locations including Sebastian River High School, Treasure.Coast Elementary, parts of Sebastian and flows generated within the City of Fellsmere. The water main provides potable water to these same locations including Vero Lake Estates, provides looped water service and is a major transmission main used for fire flow purposes. Initially, staff considered offsetting portions of the force main and water main to avoid the proposed drainage structures needed for the four -lane roadway improvements. However, the 56 proposed offsets of 12" and 16" lines highlighted the fact that the time and effort needed to provide the infrastructure offsets was not cost effective. Secondly, due to the new roadway alignment, the existing water and force mains, which are now in the ROW, would be under the new pavement sections. Getting to any future repairs could be costly and arduous if staff had to open -cut new sections of the roadway. Third, the water main and force main are 28 and 19 years old, respectively. While not past their useful life, the lines are not as new as would be expected, and potential breaks under new roadway sections could be a liability for IRCDUS. Having multiple offsets to accommodate drainage pipe led staff to consider the cost effectiveness of keeping the existing pipe, and whether we would be comfortable with these main lines under asphalt. Lastly, keeping the existing lines in service during a major roadway project presents its own challenges. For the reasons mentioned above, staff began negotiations with FDOT and their utility design consultant, Snubbs Consulting, Inc. (Snubbs), in 2019. IRCDUS initially thought it would be most cost effective to hire a professional engineering services firm under our continuing consultant agreement. However, keep in mind that, per Florida Statute 287.055, the firm's design fees cannot exceed $200,000, or the cost of construction cannot exceed $2 million. This project would exceed both of these thresholds. Next, a Request for Qualification (RFQ) process was contemplated, but the four to six months needed to obtain a firm would put IRCDUS in .a tight timeline with FDOT's project schedule. They would need fully 119 designed plans for the initial segment on or before December 2020. Due to the accelerated schedule and the fact that Snubbs was the drainage engineer for the roadway design and had qualifications to perform utility design work, IRCDUS requested a scope of work from Snubbs. The proposal submitted by Snubbs is broken into segments. The design is broken into two segments, and the construction is broken into four segments. Although Consor and Metric are the roadway design consultants for FDOT, Snubbs is providing drainage design services to both consultants. The below outlines the breakdown: = Construction from CR 512 to 87th Place - FM# 405606.7 = Construction from 87th Place to west of 82nd AVE. - FM# 405606.8 = Design (Consor) from CR 512 to west of 82nd AVE - FM# 405606.4 IIMME = Construction from west of 82nd AVE. to Powerline Road - FM# 405606.5 ® = Construction from Powerline Road to 58th AVE. - FM# 405606.6 11 lei = Design (Metric) from west of 82nd AVE to 58th AVE - FM# 405606.3 The utility relocation design cost and the estimated relocation construction cost for each segment are outlined in the below table: Table 1 120 16" WM, 12" FM & 12" Reuse WM ($000K) Construction Design 405606.7 3,840 272 405606.8 4,320 300 405606.4 (Subtotal): 8,160 572 405606.5 7,370 392 405606.6 6,290 363 405606.3 (Subtotal): 13,660 755 Total $21,820 $1,327 120 For the following reasons, IRCDUS staff decided to recommend to its Board of County Commissioners (BCC) to enter into a Locally Funded Agreement (LFA) with FDOT's design consultant: • Timing: Given the size and fees of the project, County would have had to request for qualifications. This process can take up to four to six months. • Coordination: Since FDOT's design consultant (Snubbs) is the drainage designer for both segments of CR -510, any changes/revisions to the drainage design will reflect in the utility relocation design. • Responsibility: Any delays due to design changes, design errors, and/or other items will be the responsibility of FDOT and their consultant. • Delay Claims: There will be no delay claims against IRCDUS due to design errors. Those will be the responsibility of FDOT and their design consultant. • Delay Claims or Change Orders: Any delay claims or change orders during construction due to design errors will be the responsibility of FDOT and their consultant. Attached for review and approval are two utility design agreements with. FDOT and their design consultant, Snubbs. All payments must be made up front before work can begin. All funds provided by IRCDUS will be deposited into a third party escrow account. The following payment schedule is as follows: Payment Date Amount Notes 1 6/2020 $ 755,000 On or before the date noted 2 11/2020 572,000 Total $ 1,327,000 The design work is within the IRCDUS Capital Improvement Element (CIE), which was approved by the BCC in December 2019. Staff is looking for approval of both agreements with the understanding that $755,000 is to be paid within this fiscal year for the first design segment (405606-3), and, if approved for FY20/21, the $572,000 second design segment (405606-4) will be paid by November 1, 2020. Funding: Funds for this project are derived from the Utilities Operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount CR -510 Utility Main Relocation 471-169000-20510 $755,000 Recommendation: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve the Utility Design Agreements 405606-3 and 405606-4, and authorize the Chairman to execute the agreements after final review and approval by the County Attorney's office. 121 Attachments: 1. Utility Design Agreement 405606-3-36-1 2. Utility Design Agreement 405606-4-36-1 122 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES Financial Project ID: 405606-3-36-01 Federal Project ID: D418 069 B County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Indian River County , hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as CR-510/85th Street from West of 82nd Avenue to 58th Avenue, State Road No.: N/A, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the DEPARTMENT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into an agreement providing for the design of the Utility Work by the engineer designing the Project for the FDOT, hereinafter referred to as the "FDOT Consultant," which design of the Utility Work shall hereinafter be referred to as the "Utility Design"; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Design; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. FDOT Consultant shall prepare, at the UAO's sole cost and expense, final engineering design, plans, other necessary related design documents, and cost estimate for the Utility Work (hereinafter referred to as the "Plans Package") more specifically described in the FDOT's Supplemental Agreement # 1 to Consultant C9Z51 Design Services Contract. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project. c. The Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual is updated and conflicts with the FDOT's Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the F(DOT's guidelines on preparation of technical special provisions. Page 1 of 6 123 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES 11/14 f. The FDOT Consultant shall provide a copy of the proposed Plans Package to the UAO, for review at the following stages: Constructability & Biddability. The UAO shall review the Plans Package to see that it complies with the requirements of this Agreement. g. In the event the UAO finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the UAO will notify the FDOT in writing of the deficiencies within the time specified in the plans review transmittal. h. The UAO shall furnish the FDOT such information from the UAO files as requested by the FDOT. The Facilities and the Utility Design will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. 2. Cost of Design a. The UAO shall be responsible for all costs of the Utility Design. b. The UAO agrees that it will, at least thirty (30) days prior to the FDOT issuing the Supplemental Agreement referred to in Paragraph 1 hereof, furnish the FDOT an advance deposit of $755,000.00 for the payment of said Utility Design. It is understood that the FDOT's Consultant shall not begin any Utility Design until the FDOT has received the above payment and that if such payment is not received on or before 06/01/20 this Agreement shall be null and void. The FDOT shall utilize this deposit for the payment of Utility Design. Both parties further agree that in the event the final billing pursuant to the terms of Subparagraph 2. d. below is less than the advance deposit, a refund of any excess will be made by the FDOT to the UAO. No work in excess of the advance deposit shall be done. In the event that it is subsequently determined that work in addition to that described in the Supplemental Agreement described in Paragraph 1 hereof is necessary in order to properly complete the Utility Design, the, UAO shall make an additional deposit in the amount necessary to issue a subsequent Supplemental Agreement to the FDOT Consultant for the additional work. c. The payment of funds under this Agreement will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Three Party Escrow Agreement between the UAO, the FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the Department of Financial Services and the FDOT Comptroller's Office prior to execution of this agreement. d. Upon final payment to the FDOT Consultant, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the Utility Design within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. 3. Default a. In the event the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days Page 2 of 6 124 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. Form No. 710-010-56 UTILITIES 11/14 (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties or from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the Page 3 of 6 125 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES 11/14 negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. Time is of the essence in the performance of all obligations under this Agreement. b. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: Page 4 of 6 126 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) If to the UAO: Vincent Burke, P.E., Utilities Director, Indian River County 1801 -27th Street, Vero Beach, FL 32960 vburke@ircgov.com (772) 226-1835 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Fort Lauderdale, FL 33309 kadian.mclean@dot.state.fl.us (954) 777-4128 7. Certification Form No. 710-010-56 UTILITIES This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes to Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document." You MUST signify by selecting or checking which of the following applies: ❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ® No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY: (Signature) DATE: (Typed Name: ) (Typed Title: Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel Page 5 of 6 127 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES 11/14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steve Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 6 of 6 128 Changes to Form Document Attachments 1. Exhibit A — Scope of Services — CR -510 from West of 82nd Avenue to Powerline Road - . CR -510 from Powerline Road to 58th Avenue 2. Three Party Escrow Agreement 129 CZ 'Fs 00 2 o co 0 d 2, LL. 3 O N • 2ci 'coC N Cp'C O a. LL Z CI r r • C1• 15 O . O V ro Q. C fQ o w ie c 0 CO C co 0. CO CO c 1 Exhibit A - Scope of Services ATTACHMENT C Scope of Work O U O Tv v, rn c c co E L a) c0 d 0 a) a Q O L y, U a O LL J CO M M Tu N E X 0.O 0. c0 0 O 4- c0 76 u) A A A A A A Installation of approximately 8,320 LF of 12"C-900 PVC force main and fittings along CR 510. Installation of approximately 8,320 LF of 12" ductile iron pipe (DIP) Reuse water main and fittings along CR 510 Installation of new fire hydrants along CR 510. 16" water main along CR 510. Removal or Grout Fill/Abandon of the existing 12" force main along CR 510. C13 0 LL 0 0 OL 0 a) Services to be provided (for each of four FPIDs) The Scope of Work for this TWO includes the following: Coordination with: T" a. Florida Dept. of Transportation (FDOT) c. Florida Department of Environmental Protection d. Sebastian River Improvement District v7 L(0 a� 0 U 0 a a) N O Q O Q c C m • f0 c .E. 16" water mains and associated connections and appurtenances along CR 510. 12" force main and associated connections and appurtenances along CR 510. 12" Reuse water mains and associated connections and appurtenances along CR 510. D c ATTACHMENT C Detail design (Plan and. Profile) for new fire hydrants. Plans development based on FDOT standards for UWHC. Preparation and submittal of permit applications to: Florida Dept. of Transportation (FDOT) Indian River County Utilities Department of Environmental Protection N d. Sebastian River Improvement District Preparation of Engineer's Opinion of Probable Construction Cost Preparation of Construction Plans: Cover Sheet with Sheet Index General Notes Legend and Key Plan Tabulation of Quantities • • • • a) O 0 -o0 U N CD .O N f4 N a) > .O O j cv � -p C O O Lo C a -0 -0 U) L • N CI) a= • -d C_ (a O a Q Q a) a) O O ^L O Q C C CD CD C C az N CL d General Details Typical Details Phasing Plan (utilities) Prepare Technical Special Provisions (TSPs) required for: 0). a. Water main, force main construction 10. Prepare Engineers Estimate of Probable Construction Cost in FDOT format Indian River County Utilities. Q : a 2 O « Q : m 0 0 0 m / 0 0 0 2 ƒ 2 0 L 12. Post design services (shop drawing review, requests for information [RFI], etc.) Assumptions/Clarifications: Assumptions and exclusions for this Scope of Work include: 0 .6 2 k • - 2 ka as @/ E J o 00 - 2m E = > 0 m b �. / > 7 2.7 o " us $ cii as c ƒ b G. 2c -0 >.i @ To ° Jƒca § c k o a) 0 -c16 k$ '0 CIS E % -a a) ca) 15 . 00 Q Eo0 -2-0- o. 2 . -m cc2 0 _ m: > E\ 2t\ =o -a ( >: 2 o2 a)as E E 'k mk §k� 0coo) G)a) �c ƒ 7 m Q o o>.� ._ f �f �1 =0 /k• c 0 F2\ /c va = c23 /-CD -12 413 tE ? E TD �k =0> <0 m2« Project plan sheets will be drawn in scale 1"=40'. Structural analysis or design may be required for water crossings. Design and/or specification of cathodic protection systems is not required for this project. Design of sheet piling is not required for this project. No water and sanitary valve box or manhole adjustments anticipated. k (0 £ k 0 a- 2. -a 0 � c k � > k -J w &. 6 4 6 6«»¥ 10. Project excludes design of any sanitary sewer gravity pipelines. o2 C 0 § 0 d/O E -a 2 \ ECLc -0 0 / 2o 0 2 Ts r 7 0 -0 o 2\ %a R2 22 2. •6 2 £ a - / % m o k / /2 0) / C5 2 / / k 7 / $ 2 7 D. > E c -0 EL 0 00 0 ° oc 0 o it' co 0 it2 ® _c %2 5 P6 - 2E m2 2- f / F § L. E k : J 0 =co Q 4 . . _ 0) 2 o 0-= 00 %_ Ts// �/E�/ / o 2= / k $ % a as m E 0 2 E .2 0 = m "0 = %«§ % g a) c la 2 o.� = 0 2/L. a2 2 0- k N/ k E 2 a c a, )- .c tar= (1) 0 2 5ce 522 3\2 c @ w.6 ATTACHMENT C a) U O c O a) O O U 0 f6 0 U' a) U a LIJ 0 LL i.i Current FDOT Projects Information cfl 0 LO 0 0 d z 0 a LL U a) 0. 0 0 LL a) a) 4-+ O Q L O U a) 0 N 4-' a) E a) Contact Number: (954) 777-4677 Email: Marfa.Formoso@dot.state.fl.us FDOT Scope of Work: CR 510 from W of 82 Ave to Powerline Rd. Production Schedule: O N N O Constructability Submittal N 0 N O Biddability Submittal ESTIMATED COST 0000 t� N rn v1 N 69 0 h V1 00 — h EA N �O O se — 6A O O to V ,D N _ 69 0 O vi O\ t-- V M 69 0 O O 69 0 O O 69 $4,653.361 -so-0,c-vo- M M ,n V 69 O O 69 h — CA" N 69 v1 vl N N 69 TOTAL CONTRACT FEE COMPUTATIONS-(SNUBBS) Estimator Fernando Gomez (a) Total Loaded Salary $369,448.36 Date: 1/7/2020 (b) 0.00% TOTAL OVERHEAD(') $0.00 (c) 0.00% OPERATING MARGIN t2) $0.00 (d) 0.000% FCCMt3I _ _ _ _ $0.00 (e) 0.00% DIRECT EXPENSE(4)$0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $369,448.36 Notes: TOTAL CONTRACT FEE COMPUTATIONS (1) Total Overhead (General) = Included in (a) Total Loaded Salary (a) Total Loaded Salary ___ _ $0.00 (2) Operating Margin = Included in (a) Total Loaded Salary(b) 0.00% TOTAL OVERHEAD(') $0.00 (3) Facilities Capital Cost of Money (FCC) = Included in (a) Total Loaded Salary (c) 0.00% OPERATING MARGIN(2)$0.00 -------------- (4) Direct Reimbursables (Out -of -Picket) = Included in (a) Total Loaded Salary (d) 0.000% FCCMt3I _____________. $0.00 (e) 0.00% DIRECT EXPENSE(4) $0.00 TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM) -SUE $22,519.56 $391,967.92 GRAND TOTAL CONTRACT AMOUNT (LUMP SUM) $392,000.00 FINANCIAL PROJECT No.: 405606-5-XXXX 'LORIDA DEPARTMENT OF TRANSPORTATION ESTIMATE OF WORK EFFORT AND FEE SNUBBS CONSULTING INC. y��" F Q! c„.4 0 0 •NxW c�7 0 g 3 0 N . 0 669 $207.42 0 ,n 00 69 ,O — 0 69 00 01 V 69 0 O 6�A 0 O 609 s.O --. 0 6A 'O 0 69 $592.62 ELEMENTS SNUBBS SUB TOTAL SNUBBS SUB TOTAL SUB TOTAL SUE ,n N — o N N 875 1250 2499 7 V 2545 MANHOUI7 A B C D W&S MAIN (NOT USED) UTILITIES POST DESIGN PLANS N 25 87 -4- (--4 N 248 7 38 M 225 788 N 2251 w z o- F 0 ¢ z W F- a 3 0 d cn U O 3 0 c �G a o ,n 0 — 35% %05 cn U CLASSIFICATION CHIEF ENGINEER PROJECT MANAGER PROJECT ENGINEER ENGINEERING INTERN SUB TOTAL Q Q Z UTILITY COORDINATOR Q z TEST HOLES (INCL SURVEY) 1 TOTALS 0zaocovD c0zamra0 SOFT -DIG SURVEY 111111 1111 1 ATTACHMENT C ea WATER MAINS AND FORCEMAIN PLANS REMARKS Alignment for 16 -inch Water Main and 12 -inch Force Main including interconnections, valves, fittings, etc. along CR -510 3 water crossings (Lateral Canal C, L, and S Prong Slough ) 3 water bodies (Lateral Canal C, L, and S Prong Slough ) Estimate is for 2 field visits x 2 persons @ 8 hours each and includes preparation, travel, and documentation time. First review will be conducted after 60% plans to verify proposed location. Second at Final UWHC plans to ensure constructability and connection points. Assume there are 4 utilities within the project limits Setup project, maintenance of files, schedule updates, sub -consultant management, progress reports etc. As required by FDOT. Trans*port development and update of quantities for water main and coordination with FDOT-D4 Design Section. Includes preparation of engineers estimate of probable construction cost in FDOT formats and revisions as necessary Construction phasing of the WM, FM & Reuse WM and associated laterals. a M Review Geotech information provided by FDOT for installing water main, check for contamination and detemline if special fittings or wrap are required for water mains Assume 2 persons x 8 hours x 1 trip (includes prep & travel). This trip is ,for mandatory field phase review meetings as per FDOT prior to project completion. One meeting at PS&E. CADD HOURS O ' N N TOTAL HOURS CO 120 0 M O () CD N N V C'�Y W O cF VI WCD R 14 513 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL `n F O S 120 N ch (O O 0 N N O N C7 M CO O ct O NO. OF UNITS M N 1- e- e- r N- .- O a o ch BASIS OF ESTIMATE LS LS CO W LS W LS LS LS LS LS LS 1 CO o0 W Y en E F Pipe Line Alignment & Design Structural Analysis Water Way Crossing Field Reviews Field Survey & Service Location 1Transfer Existing Utilities to Plan/Profile_ Contract File (Set-up and maintenance) Quantities & Tabulation C.E.S. Summary of Pay Items ,Engineer's Opinion of Probable Cost of Construction Construction Phasing Analysis Wining & Marking Analysis Geotech Investigation (Including Contamination) Quality Assurance/Quality Control Attend compulsory FDOT Field Review Meeting(s) N CO C' to (O I� co co n- (CD ATTACHMENT C SUJBACTIVITY: 2 (Final Plans) ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Develop standard FDOT cover sheet for JPA projects (3 lines) Development of project specific general notes, Department of Health and FDOT D4 Key map of all plan sheets and legends all symbols used (3 lines) Tabulation of quantities using FDOT basis of estimate Q Z Establish station and off set for all new meters, meters to be removed and length of service lines This includes all work to create elements showing the mainline alignment for both horizontal and vertical geometries in plan and profile portion of 40' scale plan sheets for proposed 16" WM, 12" FM, 12" Reuse WM and existing utilities per FDOT standards. NOT USED This includes all work to create elements showing the side street alignment for both horizontal and vertical geometries in plan and profile portion of plan sheets for proposed water mains (2) and existing utilities per FDOT standards 3 Water crossings Not required due to new roadway proposed Pipe laying sequence for construction of the 16 -inch WM and 12 -inch FM & interconnection to existing mains and associated laterals. Also, for the new 12" Reuse WM. Includes Typical section with phasing notes pertaining to the proposed utilities for each phase CADD HOURS o a N- 0 TOTAL HOURS CO CO CO p (O CV CO M O Oa N 48 CO NCV CO O O NCal N NO. OF SHEETS HOURS/ UNIT a- CO COa (O O (O O M 36 CO 14 . O O N a- c O Z z .— ••— — M O N CCD O M N M N N O O a— BASIS OF ESTIMATE a> CO Sheet Sheet 0 Sheet Sheet Sheet Sheet Sheet Sheet � o CO . CO Sheet Sheet a) CO Sheet Sheet m Q F Key Sheet/Key Plan General Notes Legend and Key Plan Tabulation of Quantities and Pay Item Notes Summary of Valve and Manhole adjustment Summary of water meter service and service lines Combination 16" WM, 12" FM, 12" Reuse WM Plan/Profile Sheets NOT USED Laterals Connections Plan/Profile Sheets (Fire Hydrant Connection Plan/Profile Sheets Structural Details General Details Typical Details Pavement and Base Restoration/General Notes and Details Core Boring Reports Phasing Notes Phasing Typical Sections N M l0 CO 1� CO 0) O� s- .—CO act CC" O ATTACHMENT C INo detailed Maintenance of Traffic (MOT) anticipated as this will be part of the roadway plans. Electronic delivery per FDOT procedures. (3 lines) Technical Special Provisions for WM, FM and Reuse WM. Attend Phase Review Meetings with City and FDOT During 60% & 90% Submittal. Total of 2 meetings for 2 people (includes travel time). Additional effort for 60%, 90%, 100% Production per FDOT Project Schedule milestones O CO CO N 24 CO CO 1598 CO CO CO I- SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL 0 O co 26 ,- CV s -- O .- .- N ch o VI Sheet LS LS W < c Traffic Control Plan Electronic Delivery Special Provisions / Specifications Phase Review Meetings IFDOT Submittals Quality Assurance/Quality Control O N O N V- CO O) O N 01 N N CO N cn Y CL W a Complete and submit permit applications to FDEP, FDOT and Fire Department. Response to RFI from permitting agencies, plan revisions and updates etc. Assume 3 meetings at 6 hours including prep time, travel time and follow up To be paid for by SNUBBS and reimbursed by FDOT. CADD HOURS 0 0 0 0 TOTAL HOURS 42 N CO CO N- N NO. OF SHEETS SUBACTIVITY TOTAL HOURS/ UNIT CV if CV CO CO NO. OF UNITS BASIS OF ESTIMATE LS LS Q W LS COC Prepare Permit Applications Coordination and RFI with Permitting Agencies Permit Meetings Permit Fees N- N M ? ATTACHMENT C Coordination REMARKS Perform Initial contact to obtain all existing as -built information from the existing UA/O on the proiect Follow up with UA/O for additional information, mark ups and transmittal of plans to ensure no conflict with their existing utilities. Assume 5 UAOs @ 2 hours per UAO Assumes this was previously done for another FPID, thus only requires revisions thereto Prepare agenda, attend utility meeting, prepare minutes and follow up '(includes travel) 0 CADD HOURS 0 0 0 TOTAL HOURS CO o A- COc A- 46 46 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT CO N 0.1 A- N LT. r:. O F L oZ Z CO a- N BASIS OF ESTIMATE LS <n J LS w Y in d F Initial Contact with Utility Agency Owner (UAO) Coordination with UAO Assisting with execution of constrution agreements Attend Utility Meetings N M V ATTACHMENT D Scope of Work The scope of the work for this Task Work Order (TWO) includes: Installation of approximately 8,201 LF of 16" ductile iron pipe (DIP) water main and fittings along CR 510. Installation of approximately 8,170 LF of 12" C-900 PVC force main and fittings along CR 510. Installation of approximately 8,170 LF of 12" ductile iron pipe (DIP) Reuse water main and fittings along CR 510. Installation of new fire hydrants along CR 510. Removal or Grout Fill/Abandon of the existing 16" water main along CR 510. A A A A A A Services to be provided (for each of four FPIDs) The Scope of Work for this TWO includes the followin Coordination with: a. Florida Dept. of Transportation (FDOT) b. Indian River County Utilities Florida Department of Environmental Protection U d. Indian River Farms Water Control District 16" water mains and associated connections and appurtenances along CR -510. 12" force main and associated connections and appurtenances along CR 510. 12" Reuse water mains and associated connections and appurtenances along CR 510. D N ATTACHMENT D Detail design (Plan and Profile) for new fire hydrants. Plans development based on FDOT standards for UWHC. Preparation and submittal of permit applications to: L CO a. Florida Dept. of Transportation (FDOT) b. Indian River County Utilities c. Department of Environmental Protection d. Indian River Farms Water Control District Preparation of Engineer's Opinion of Probable Construction Cost Preparation of Construction Plans: Cover Sheet with Sheet Index General Notes Legend and Key.Plan Tabulation of Quantities Plan and Profile for mainline (as described above) Plan and profile (proposed fire hydrant connections as described above) General Details Typical Details Phasing Plan (utilities) Prepare Technical Special Provisions (TSPs) required for: 0) a. Water main, force main construction 10. Prepare Engineers Estimate of Probable Construction Cost in FDOT format ATTACHMENT D :% �o �5 2 % § o ) •D E / /� % « E 0c _ : § D J e o $.E @ > o . .- o 0 . £ k . ƒ dTo §o qE k «U% t �713 J 3) c . Ic5 R 2° .a L _o-0 k 2• 2 �f -a k . . .t) a) as c % co . / 2m' U >Q) Ta J / a = 0. o k f § f O / ci)o \$ E k c� E .E -a .2 3 » » = m ƒ / 22 Eo2 1- 0 k k ��) 2.•- L« 0 0) 2 §C 7 k / 2 0 E U $ � \/2 k.2 0 4 '§% D; Q E $ U) % - ± 9 CO \ _ • R -o \ f f� \kk/ co `2 k - o v . - o 0o / f § - f 3 o 0 Cn o\ 0 Co k / 2 f %@ / % 7 - / a c %% f E k70 Lc co E a3 2 2 = / 0 > - 7 « n2< � L 2 5 - & w .& Ass Ass Project limits of proposed water utility improvements do not extend beyond the limits of the pro Project plan sheets will be drawn in scale 1"=40'. Structural analysis or design may be required for water crossings. Design and/or specification of cathodic protection systems is not required for this project. Design bf sheet piling is not required for this project. a 4 a 6 8. No water and sanitary valve box or manhole adjustments anticipated. Line and lay drawings and fitting schedules are not required for this project. a 10. Project excludes design of any sanitary sewer gravity pipelines. k2 = 3 c § D2 _ 2 as 0_ ƒ o CD 73C E .0 § J13« @ m / \ Cr o-- o / %ae Eft k k § CS) 0.20 / a 2 ��c ) 0 c 4:7-3 \2 k w 0 0 @ § / % f 0 0 E -o co 2 k 0 2 Q £ 0 1- 0 0 2 / f / § / $ g E -a E/ a \ 2 2 1:(115 ATTACHMENT D 14. Final FDEP certification and permit closeout not included. Current FDOT Projects Information 0 (0 0 0 0 z 0 a L- O a) 0 L 0 H 0 0 LL L 0 a) yr 0 2- a) 0 U 0) 0 5 L 0 4-o ^ 0) 0 (1) 0 U N L a) .- r-� a) w a) E a) 2 L 0 E u) a) +7 c o • o UT.- ,_ Lc) Q' L• U rn c c ( o O • 99 () Financial Project ID 405606-6-52-01 w a O U O E O LL (0 (0 a) m (0 c (0 U a) LL Contact Number: (954) 777-4677 Email: Maria.Formoso@dot.state.fl.us FDOT Scope of Work: CR 510 from Powerline Rd. to 58th Ave. Production Schedule: O N O N O Constructability Submittal 0) Biddability Submittal ATTACHMENT D ESTIMATED COST O M M vl 00 M N 6A $47,914.021 $147,9(11.001 N M M vl ,OsO 69 V ,D V 0 N M M 69 O O O 69 O O O 69 ,O M M vl EO 7 69 sO M M vl ,eO 7 69 0 O O 64 ,O ut .-. VI N N 69 ,D vl D\ vl N N 69 TOTAL CONTRACT FEE COMPUTATIONS-(SNUBBS) Estimator Fernando Gomez (a) Total Loaded Salary_ _ _ $340,858.00 _ Date: 1/7/2020 (b) 0.00% TOTAL OVERHEAD" $0.00 (c) 0.00% OPERATING MARGIN $0.00 $0.00 (d) 0.000% FCCMt3I $0.00 _ __ _ (e) 0.00% DIRECT EXPENSEt4I ___ _ _ $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $340,858.00 Notes: TOTAL CONTRACT FEE COMPUTATIONS (1) Total Overhead (General) = Included in (a) Total Loaded Salary (a) Total Loaded Salary ------------ $0.00 (2) Operating Margin = Included in (a) Total Loaded Salary (b) 0.00% TOTAL OVERHEADt�I $0.00 (3) Facilities Capital Cost of Money (FCC) = Included in (a) Total Loaded Salary (c) 0.00% OPERATING MARGIN_ (2) _ _ - $0.00 (4) Direct Reimbursables (Out -of -Picket) = Included in (a) Total Loaded Salary (d) 0.000% FCCMt3I_ _ $0.00 (e) 0.00% DIRECT EXPENSE(4) _ $0.00 TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM) -SUE $22,519.56 $363,377.56 GRAND TOTAL CONTRACT AMOUNT (LUMP SUM) $363,000.00 FINANCIAL PROJECT No.: 405606-6-XXXX 'LORIDA DEPARTMENT OF TRANSPORTATION ESTIMATE OF WORK EFFORT AND FEE SNUBBS CONSULTING INC. ra ›+ FF 0 . G W w 0 0 0 1 N V 0 64,0 N9 N V 0 69 0 v 000 69 VD --l 0 69 O\ Ol V 69 0 0 6699 0 O 6699 �O ..• 0 69 \O •—' 0 69 $592.621 csla ELEMENTS SNUBBS SUB TOTAL (SNUBBS SUB TOTAL SUB TOTAL SUE v 231 0 W N EA 2303 '0 7 V0 V 2349 MANHOUF A B C D W&S MAIN (NOT USED) UTILITIES POST DESIGN PLANS M N 1 80 1 7 00 N N 1 46 1 00 M 104 208 726 00 M O 2075 O ¢ Z W F. n. O Q U Z 0 O a aC o 0 35% 0 U CLASSIFICATION CHIEF ENGINEER PROJECT MANAGER PROJECT ENGINEER ENGINEERING INTERNI SUB TOTAL z d zz UTILITY COORDINATOR 4 z TEST HOLES (INCL SURVEY) TOTALS v Z r:1:1 ocn zZa SOFT -DIG SURVEY 111111 1111 I ATTACHMENT D ACTIVITY: A. (WATER_MAINS ANDFORCEMAIN PLANS) REMARKS Alignment for 16 -inch WM, 12 -inch FM & 12 -inch Reuse WM including interconnections, valves, fittings, etc. along CR -510 1 water crossing (Lateral Canal G) 1 water crossin• Lateral Canal G Estimate is for 2 field visits x 2 persons @ 8 hours each and includes preparation, travel, and documentation time. First review will be conducted after 60% plans to verify proposed location. Second at Final UWHC plans to ensure constructability and connection points. !Assume there are 4 utilities within the project limits Setup project, maintenance of files, schedule updates, sub -consultant management, progress reports etc. As required by FDOT. Trans*port development and update of quantities for water main and coordination with FDOT-D4 Design Section. Includes preparation of engineers estimate of probable construction cost in FDOT formats and revisions as necessary Construction phasing of the WM, FM & Reuse WM and associated laterals. Z Review Geotech information provided by FDOT for installing water main, check for contamination and determine if special fittings or wrap are required for water mains Assume 2 persons x 8 hours x 1 trip (includes prep & travel). This trip is for mandatory field phase review meetings as per FDOT prior to project completion. One meeting at PS&E. C y c U G TOTAL HOURS 64 O CO N M Cl M O 30 N N 20 44 M M CO O cr 359 r CO CONY CO M NO. OF SHEETS • SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT tO0 32 CD O n N 20 M CO O .CrCO NO. OF UNITS N .- V' ,- ,- ,- ,- O •- 3% e - BASIS OF ESTIMATE LS LS LS W LS 1 EA 1 LS LS LS LS LS LS J W F Pipe Line Alignment & Design Structural Analysis [Water Way Crossing Field Reviews (Field Survey & Service Location !Transfer Existing_Utilities to Plan/Profile Contract File (Set-up and maintenance) Quantities & Tabulation C.E.S. Summary of Pay Items Engineer's Opinion of Probable Cost of Construction Construction Phasing Analysis !Signing & Marking Analysis Geotech Investigation (Including Contamination) Quality Assurance/Quality Control Attend compulsory FDOT Field Review Meeting(s) r N 01 Cr U CO 1.— a0 Q) .- ,- V CO ATTACHMENT D SUBACTIVITY: 2 (Final Plans) ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Develop standard FDOT cover sheet for JPA projects (3 lines) Development of project specific general notes, Department of Health and FDOT D4 Key map of all plan sheets and legends all symbols used (3 lines) Tabulation of quantities using FDOT basis of estimate Z Establish station and off set for all new meters, meters to be removed and length of service lines This includes all work to create elements showing the mainline alignment for both horizontal and vertical geometries in plan and profile portion of 40' scale plan sheets for proposed 16" WM, 12" FM, 12" Reuse WM and existing utilities per FDOT standards. INOT USED This includes all work to create elements showing the side street alignment for both horizontal and vertical geometries in plan and profile portion of plan sheets for proposed water mains (2) and existing utilities per FDOT standards N/A (no water crossings) Not required due to new roadway proposed Pipe laying sequence for construction of the 16 -inch WM and 12 -inch FM & interconnection to existing mains and associated laterals. Also, for the new 12" Reuse WM. Includes Typical section with phasing notes pertaining to the proposed utilities for each phase ❑ CI Q U C S TOTAL HOURS aN- CO O 18 OCV M O CO O N I.-- O CO N CO N O O N N CV NO. OF SHEETS HOURS/ UNIT CV CD a-- c0 O c0 ^ O CV CC.) CO O 14 O O N a- NO. OF UNITS a— M O N CO O M N N N O O a— a— BASIS OF ESTIMATE Sheet Sheet CD L CO Sheet 0 t CO Sheet Sheet Sheet Sheet 0 L CO Sheet Sheet Sheet a0 L CO Sheet Sheet Sheet rnQ F Key Sheet/Key Plan General Notes Legend and Key Plan Tabulation of Quantities and Pay Item Notes Summary of Valve and Manhole adjustment Summary of water meter service and service lines Combination 16" WM, 12" FM, 12" Reuse WM Plan/Profile Sheets 1 Laterals Connections Plan/Profile Sheets Fire Hydrant Connection Plan/Profile Sheets Structural Details General Details Typical Details Pavement and Base Restoration/General Notes and Details 'Core Boring Reports (Phasing Notes Phasing Typical Sections N M (0 CO f` CO O) CV s- a- O No detailed Maintenance of Traffic (MOT) anticipated as this will be part of the roadway plans. Electronic delivery per FDOT procedures. (3 lines) Technical Special Provisions for WM, FM and Reuse WM. Attend Phase Review Meetings with City and FDOT During 60% & 90% Submittal. Total of 2 -meetings for 2 people (includes travel time). Additional effort for 60%, 90%, 100% Production per FDOT Project Schedule milestones 36 1550 1 1- SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL O CO CO CV e- e- CV O .- c- N Cr) e M Sheet LS LS EA W e Traffic Control Plan Electronic Delivery Special Provisions / Specifications Phase Review Meetings FDOT Submittals Quality Assurance/Quality Control CC O O O N CV CV CV ATTACHMENT D ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Complete and submit permit applications to FDEP, FDOT and Fire Department. Response to RFI from permitting agencies, plan revisions and updates etc. Assume 3 meetings at 6 hours including prep time, travel time and follow up To be paid for by SNUBBS and reimbursed by FDOT. CADD HOURS TOTAL HOURS 42 Cs! cal c0 a— N 0) NO. OF SHEETS SUBACTIVITY TOTAL HOURS/ UNIT 42 M (0 NO. OF UNITS V) BASIS OF ESTIMATE <n J LS a W LS CAe— Prepare Permit Applications Coordination and RFI with Permitting Agencies Permit Meetings Permit Fees N (7 ct SUBACTIVITY: 4 (Utility Coordination ATTACHMENT D REMARKS Perform Initial contact to obtain all existing as -built information from the existing UA/O on the project Follow up with UA/O for additional information, mark ups and transmittal of plans to ensure no conflict with their existing utilities. Assume 5 UAOs as 2 hours per UAO Assumes this was previously done for another FPID, thus only requires revisions thereto Prepare agenda, attend utility meeting, prepare minutes and follow up (includes travel) CADD HOURS TOTAL HOURS CO o a- CO 46 46 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT 00 N a NO. OF UNITS LC) 1-- N BASIS OF ESTIMATE LS CO J LS EA F Initial Contact with Utility Agency Owner (UAO) Coordination with UAO Assisting with execution of constrution agreements Attend Utility Meetings a- N CO R THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: CR-510/85th Street from West of 82nd Avenue to 58th Avenue Project #: 405606-3-36-01 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 152 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or Toss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 153 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-00C (signature) For PARTICIPANT (signature) Name and Title Name and Title 59-3024028 Federal Employer I.D. Number Federal Employer I.D. Number Date Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date 154 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES Financial Project ID: 405606-4-36-01 Federal Project ID: D418 081 B County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Indian River County , hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as CR-510/85th Street from CR -512 to West of 82nd Avenue, State Road No.: N/A, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the DEPARTMENT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into an agreement providing for the design of the Utility Work by the engineer designing the Project for thelFDOT, hereinafter referred to as the "FDOT Consultant," which design of the Utility Work shall hereinafter be referred to as the "Utility Design"; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Design; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. FDOT Consultant shall prepare, at the UAO's sole cost and expense, final engineering design, plans, other necessary related design documents, and cost estimate for the Utility Work (hereinafter referred to as the "Plans Package") more specifically described in the FDOT's Supplemental Agreement # 1 to Consultant CA375 Design Services Contract. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project. c. The Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual is updated and conflicts with the FDOT's Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions. Page 1 of 6 155 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES f. The FDOT Consultant shall provide a copy of the proposed Plans Package to the UAO, for review at the following stages: Constructability & Biddability. The UAO shall review the Plans Package to see that it complies with the requirements of this Agreement. In the event the UAO finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the UAO will notify the FDOT in writing of the deficiencies within the time specified in the plans review transmittal. g. h. The UAO shall furnish the FDOT such information from the UAO files as requested by the FDOT. The Facilities and the Utility Design will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. 2. Cost of Design a. The UAO shall be responsible for all costs of the Utility Design. b. The UAO agrees that it will, at least thirty (30) days prior to the FDOT issuing the Supplemental Agreement referred to in Paragraph 1 hereof, furnish the FDOT an advance deposit of $572.000.00 for the payment of said Utility Design. It is understood that the FDOT's Consultant shall not begin any Utility Design until the FDOT has received the above payment and that if such payment is not received on or before 11-01-20 this Agreement shall be null and void. The FDOT shall utilize this deposit for the payment of Utility Design. Both parties further agree that in the event the final billing pursuant to the terms of Subparagraph 2. d. below is less than the advance deposit, a refund of any excess will be made by the FDOT to the UAO. No work in excess of the advance deposit shall be done. In the event that it is subsequently determined that work in addition to that described in the Supplemental Agreement described in Paragraph 1 hereof is necessary in order to properly complete the Utility Design, the UAO shall make an additional deposit in the amount necessary to issue a subsequent Supplemental Agreement to the FDOT Consultant for the additional work. c. The payment of funds under this Agreement will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Three Party Escrow Agreement between the UAO, the FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the Department of Financial Services and the FDOT Comptroller's Office prior to execution of this agreement. d. Upon final payment to the FDOT Consultant, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the Utility Design within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. 3. Default a. In the event the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days Page 2 of 6 156 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-56 UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) UTILITIES Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties or from any statutory obligations that either party may have with. regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the Page 3 of 6 157 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Form No. 710-010-56 UTILITIES 11/14 negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence\to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. Time is of the essence in the performance of all obligations under this Agreement. b. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: Page 4 of 6 r 158 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) If to the UAO: Vincent Burke, P.E., Utilities Director, Indian River County 1801 -27th Street, Vero Beach, FL 32960 vburke@ircgov.com (772) 226-1835 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Fort Lauderdale, FL 33309 kadian.mclean@dot.state.fl.us (954) 777-4128 7. Certification Form No. 710-010-56 UTILITIES 11/14 This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes to Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document." You MUST signify by selecting or checking which of the following applies: El No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ® No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel Page 5 of 6 159 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT (AT UTILITY EXPENSE) Fprm No. 710-010-56 UTILITIES 11/14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steve Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 6 of 6 160 Changes to Form Document Attachments 1. Exhibit A — Scope of Services — CR -510 from CR -512 to 87th Place — CR -510 from 87th Place to West of 82"d Avenue 2. Three Party Escrow Agreement 161 ATTACHMENT A in I- - W 0 C7 c3 0)w(`',us C3 J CO � . co LI- CO 3.41 '- C c CO C j .. Q C) co t H .0 C U) CNC0 0 O U 2 2 O W �U c J a_ N r � Iti C 2N I u. in O E O N C p Zai o vac o 2 m a `' c' — -o 0 co o O,R C 2 y ii ac Exhibit A - Scope of Services ATTACHMENT A Scope of Work The scope of the work for this Task Work Order (TWO) includes: Installation of approximately 5,275 LF of 16" ductile iron pipe (DIP) water main and fittings along CR 510. A > Installation of approximately 5,340 LF of 12" C-900 PVC force main and fittings along CR 510. O LO U 0) c 0 0) 0) cv E 'di 4 ca (3) a) a 0 a) a .0 0 w 0 a N Ln 0 0 U 0) C 0 O N CO >, cB c • � X O CD - c). n a) RI C O 0 C C O 0 +r := co c5 R) cv 4- rr N v1 C C A A A A 16" water main along CR 510. Removal or Grout Fill/Abandon of the existing Removal or Grout Fill/Abandon of the existing Services to be provided (for each of four FPIDs) The Scope of Work for this TWO includes the followin Coordination with: Florida Dept. of Transportation (FDOT) c4 b. Indian River County. Utilities Florida Department of Environmental Protection Sebastian River Improvement District U "d Development of a preliminary alignment along CR 510 and proposed tie-in locations for existing laterals Detailed design (combination plan and profile) of N 16" water mains and associated connections and appurtenances along CR 510. 12" force main and associated connections and appurtenances along CR 510. 12" Reuse water mains and associated connections and appurtenances along CR 510. c0 U ATTACHMENT A 4. Detail design (Plan and. Profile) for new fire hydrants. Plans development based on FDOT standards for UWHC. Lc; Preparation and submittal of permit applications to: a. Florida Dept. of Transportation (FDOT) b. Indian River County Utilities c. Department of Environmental Protection d. Sebastian River Improvement District 7. Preparation of Engineer's Opinion of Probable Construction Cost Preparation of Construction Plans: Cover Sheet with Sheet Index General Notes Tabulation of Quantities a) O 0 a) U co a) .O N a) c E a) 9- O d (0 d Plan and profile (proposed fire hydrant connections as described above) General Details Typical Details Phasing Plan (utilities) Special Provisions (TSPs) required for: Prepare Technical 0 a. Water main, force main, Reuse WM construction ATTACHMENT A 12. Post design services (shop drawing review, requests for information [RFI], etc.) Assumptions/Clarifications: Assumptions and exclusions for this Scope of Work include: All pipelines developed in this scope are assumed to be installed via open cut. :% ok • § \ . . � o10 cy g - o. % ' H °� 2 0 2 / E 2 2 f • K ° \o �e 0 8E E CU k o 2 0 /@ 0 2k � �/ 2 . co < 0 Q ) £ / � «f s C m ° o 2 ° CO \ £ . L : _a • - 2 G @' < 2 c<E • ^ 0 . .7� ° % 0 ..5. m o k E a . @. @ E. @ . — k :@ a . ƒ/ >, § * § 0 a) >, E ® / % al 0 10 CU / 0 5. 2 C� 2• 3 �k 2/\/ . 0 U o o / a 2 -a / U E ,--CD E 0 0 @ ▪ (0 Q. o Ta %.f 2• 2 ® - / CCk/. %� 0 • & Q a O 5 _• c• / . / c g O a al0A 00 2 M O 0 / E (. 0_ • f m o C ••0 J .\ 0. •22 E E \. f E _ £. C cu > m t • E >, 0$ /• c 7= E Ek % .a E e g o f 2 m 5$ e -a > 7 R o 7 . �= G • -acr a— =a1.o` = R m a k • / 3/ %ƒ» _o7 k/ / E 2 a� - . • ° �• E/ 3 <7 7 E k 2 % Q 2 @ o \ n 2 77) 2 • / m £ / > Q o . ° / @ I a @..u) / 2 « ® / 2§ E f 2 E««F. 5 E k -0 2 � / 2 �© 2'� § k= Z o o $ b 0 2>@% .2 \ M R f o k =¥ c\ a la o E m o @ • 0 5' 3 E c U= a E fc2 n% k ^\ 2 2// ;\ m2 © y fa.°- 2 £ a $$ C / a 2 ƒ) e O E E • _ % \ u)Nf = E2 m m @. — CLt@ 5 /. m 45 2 T / 5 / / / : % 2 . . cr c 2 . % 2 =E� o.§\ o . 35 ak2 m@< a_ 0 Z c 2 Z 2 L= 2 3-@ w W / 4Lri 6« .6 a// & a Production Schedule: Constructability Submittal N O CO Biddability Submitt 0 F z 2 U ESTIMATED COST $17,838.121 71-0o N o r- \O v1 M 69 0 [� 0 �--� —. 69 ,D r o\ CA VO 00 69 •0- 01 oo r- on O vl N 69 0000 O O 69 O O 69 N r - s.0 00 v1 69 00-00 N ,D '0000 � 69 0 O 69 til vi --^ V 69 0 v1 yl 00 V 69 TOTAL CONTRACT FEE COMPUTATIONS-(SNUBBS) Estimator Femando Gomez (a) Total Loaded Salary $256,846.24 Date: 1/7/2020 (b) 0.00% TOTAL OVERHEAD«_ _ _ _ $0.00 (c) 0.00% OPERATING MARGIN tz) _ $0.00 (d) 0.000% FCCM(3) __ _ _ $0.00 (e) 0.00% DIRECT EXPENSEt4I,-_ - ____ $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $256,846.24 Notes: TOTAL CONTRACT FEE COMPUTATIONS (1) Total Overhead (General) = Included in (a) Total Loaded Salary (a) Total Loaded Salary $0.00 (2) Operating Margin = Included in (a) Total Loaded Salary (b) 0.00% TOTAL OVERHEAD(I) $0.00 (3) Facilities Capital Cost of Money (FCC) = Included in (a) Total Loaded Salary (c) 0.00% OPERATING MARGIN tet 80.00 (4) Direct Reimbursables (Out -of -Pocket) = Included in (a) Total Loaded Salary (d) 0.000% FCCMt31 _ _ _ _ $0.00 (e) 0.00% DIRECT EXPENSE(4)$0.00 _ _ TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM) -SUE • $14,815.50 $271,661.74 GRAND TOTAL CONTRACT AMOUNT (LUMP SUM) $272,000.00 FINANCIAL PROJECT No.: 405606-7-XXXX 'LORIDA DEPARTMENT OF TRANSPORTATION ESTIMATE OF WORK EFFORT AND FEE SNUBBS CONSULTING INC. FE. a [W. 0 00 0 W , kw0 6&. O g C 0 x 3 N 7 0 6N9 N Oi 0 00 O- 000 69 O 69 N w. 69 0 669 o— 669 0 69 0 69 $592.621 0>° v ELEMENTS SNUBBS SUB TOTAL SNUBBS SUB TOTAL SUB TOTAL SUE . 00 172j 602 O 'O 1720 58 00 ,r,00 1778 MANHOUR A B C D W&S MAIN (NOT USED) UTILITIES POST DESIGN PLANS a I 17 VD 85 00 61 N v1[- 542 7 LL.. o Q Z F W F^ a 5 30oeaea 0oj %05 V] 0 U CLASSIFICATION CHIEF ENGINEER' PROJECT MANAGER' PROJECT ENGINEER ENGINEERING INTERN SUB TOTAL N/AI N/A UTILITY COORDINATORI Q Z TEST HOLES (INCL SURVEY) TOTALS ci)2aCICOv) 67Z000,o SOFT -DIG SURVEY 111111 1 ATTACHMENT A SUBACTIV WATER MAINS AND FORCEMAIN PLANS REMARKS Alignment for 16 -inch WM, 12 -inch FM & 12 -inch Reuse WM including interconnections, valves, fittings, etc. along CR -510 N/A (no water crossings) a z Estimate is for 2 field visits x 2 persons @ 8 hours each and includes preparation, travel, and documentation time. First review will be conducted after 60% plans to verify proposed location. Second at Final JPA plans to ensure constructability and connection points. Assume there are 5 utilities within the project limits 0 Setup project, maintenance of files, schedule updates, sub -consultant management, progress reports etc. As required by FDOT. Trans*port development and update of quantities for water main and coordination with FDOT-D4 Design Section. Includes preparation of engineers estimate of probable construction cost in FDOT formats and revisions as necessary Construction phasing of the water & force mains and associated laterals. a z Review Geotech information provided by FDOT for installing water main, check for contamination and determine if special fittings or wrap are required for water main Assume 2 persons x 8 hours x 1 trip (includes prep & travel). This trip is for mandatory field phase review meetings as per FDOT prior to project completion. One meeting at PS&E. CADD HOURS TOTAL HOURS O O M O 1� M N N M CO O V' in A N CO CCD 299 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT O OCD ON LO 20 33 _ O 'V' CO NO. OF UNITS a- O O N '- a- a- a- .- O a- o M BASIS OF ESTIMATE LS LS LS W LS EA 11 LS LS LS J J LS LS W e x c F Pipe Line Alignment & Design Structural Analysis Water Way Crossing Field Reviews Field Survey & Service Location Transfer Existing Utilities to Plan/Profile Contract File (Set-up and maintenance) Quantities & Tabulation C.E.S. Summary of Pay Items Engineers Opinion of Probable Cost of Construction Construction Phasing Analysis Signing & Marking Analysis Geotech Investigation (Including Contamination) Quality Assurance/Quality Control Attend compulsory FDOT Field Review Meeting(s) N M V ul co I� co Q) O a- a ATTACHMENTA SUBACTIVITY: 2 (Final Plans) ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Develop standard FDOT cover sheet for UWHC projects (3 lines) Development of project specific general notes, Department of Health and FDOT D4 Key map of all plan sheets and legends all symbols used (3 lines) Tabulation of quantities using FDOT basis of estimate a z Establish station and off set for all new meters, meters to be removed II land length of service lines (This includes allwork to create elements showing the mainline alignment for both horizontal and vertical geometries in plan and profile portion of 40' scale plan sheets for proposed 16" WM, 12" FM, 12" Reuse WM and existing utilities per FDOT standards. (NOT USED �I This includes all work to create elements showing the side street alignment for both horizontal and vertical geometries in plan and profile portion of plan sheets for proposed water mains (2) and existing utilities per FDOT standards N/A (no water crossings) II Not required due to new roadway proposed II Pipe laying sequence for construction of the 16 -inch WM and 12 -inch FM & interconnection to existing mains and associated laterals. Also, for the new 12" Reuse WM. Includes Typical section with phasing notes pertaining to the proposed utilities for each phase A m G a d U O 2 TOTAL HOURS CV O (D 18 OCV O O (D O N O CO N CO N O O N N NO. OF SHEETS HOURS/ UNIT ( O O O O �' O CD 36 l O 14 14 O O N NO. OF UNITS r r ..-. CD O N O..- O (+) N O N N O O A- BASIS OF ESTIMATE Sheet L CD 0 L CD Sheet 0 L GD Sheet 0 L CO 0 L CO Sheet I L CO 0 L CO Sheet Sheet Sheet Sheet Sheet Sheet cAQ F Key Sheet/Key Plan General Notes Legend and Key Plan Tabulation of Quantities and Pay Item Notes Summary of Valve and Manhole adjustment Summary of water meter service and service lines Combination 16" WM, 12" FM, 12" Reuse WM Plan/Profile Sheets (NOT USED • Laterals Connections Plan/Profile Sheets Fire Hydrant Connection Plan/Profile Sheets Structural Details General Details Typical Details Pavement and Base Restoration/General Notes and Details Core Boring Reports Phasing Notes Phasing Typical Sections N (") R ([) O CO 03 .- ‘--,- 07 r ATTACHMENT A No detailed Maintenance of Traffic (MOT) anticipated as this will be part of the roadway plans. Electronic delivery per FDOT procedures. (3 lines) Technical Special Provisions for WM, FM and Reuse WM. Attend Phase Review Meetings with City and FDOT During 60% & 90% Submittal. Total of 2 meetings for 2 people (includes travel time). Additional effort for 60%, 90%, 100% Production per FDOT Project Schedule milestones O CO 26 N cO'J 1124 c� V CO r a - SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL O 0 CO 12 a- O N M e M ill L w LS LS EA W Traffic Control Plan Electronic Delivery Special Provisions / Specifications Phase Review Meetings FDOT Submittals Quality Assurance/Quality Control .- N N N N ATTACHMENT A SUBACTIVITY: 3 (Permits1 ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Complete and submit permit applications to FDEP, FDOT and Fire Department. Response to RFI from permitting agencies, plan revisions and updates etc. Assume 3 meetings at 6 hours including prep time, travel time and follow up To be paid for by SNUBBS and reimbursed by FDOT. CADD HOURS TOTAL HOURS 04 M 18 N NO. OF SHEETS SUBACTIVITY TOTAL `3F C z 42 NO. OF UNITS BASIS OF ESTIMATE LS LS a w LS C F Prepare Permit Applications Coordination and RFI with Permitting Agencies Permit Meetings Permit Fees e- N C7 c ATTACHMENT A to � H O za 0 U .� 472 O rm 17,0. z z Coordination U REMARKS Perform Initial contact to obtain all existing as -built information from the existing UA/O on the proiect Follow up with UA/O for additional information, mark ups and transmittal of plans to ensure no conflict with their existing utilities. Assume 5 UAOs an. 2 hours per UAO Prepare agenda, attend utility meeting, prepare minutes and follow up 11 (includes travel) CADD HOURS TOTAL HOURS co co 24 m n 58 NO. OF SHEETS SUBACTIVITY SUBTOTAL L SUBACTIVITY TOTAL HOURS/ UNIT CO N 24 CO NO. OF UNITS l(] .- N w F k < < p j m F 47 LS J LS EA X a F Initial Contact with Utility Agency Owner (UAO) Coordination with UAO Assisting with execution of constrution agreements • Attend Utility Meetings a- N th - ATTACHMENT B Exhibit A - Scope of Services N ATTACHMENT B Scope of Work The scope of the work for this Task Work Order (TWO) includes: 16" ductile iron pipe (DIP) water main and fittings along CR 510. Installation of approximately 6,130 LF of Installation of approximately 5,840 LF of 12"C-900 PVC force main and fittings along CR 510. (0 c E L (0 a0 z m d 0 m Q Q O L W U • O_ N LC) O 0 LL m J C O ci (0 O Ln >, (0 7 _• c "X O t~ 0- 0- (0 Q(0 C O O C c O O (0 (0 (0 N • C A A 'A A A A 16" water main along CR 510. Removal or Grout Fill/Abandon of the existing 12" force main along CR 510. Removal or Grout Fill/Abandon of the existing Services to be provided (for each of four FPIDs) Coordination with Florida Dept. of Transportation (FDOT) (0 b. Indian River County Utilities Florida Department of Environmental Protection U d. Sebastian River Improvement District Development of a preliminary alignment along CR 510 and proposed tie-in locations for existing laterals Detailed design (combination plan and profile) of: 16" water mains and associated connections and appurtenances along CR 510. 12" force main and associated connections and appurtenances along CR 510. 12" Reuse water mains and associated connections and appurtenances along CR 510. (0 • U ATTACHMENT B Detail design (Plan and. Profile) for new fire hydrants. Plans development based on FDOT standards for UWHC. Preparation and submittal of permit applications to: Florida Dept. of Transportation (FDOT) Indian River County Utilities Department of Environmental Protection Sebastian River Improvement District 7. Preparation of Engineer's Opinion of Probable Construction Cost Preparation of Construction Plans: cd Cover Sheet with Sheet Index General Notes Legend and Key Plan Tabulation of Quantities • • • • Plan and Profile for mainline (as described above) Plan and profile (proposed fire hydrant connections as described above) General Details Typical Details Phasing Plan (utilities) Prepare Technical Special Provisions (TSPs) required for: O) a. Water main, force main construction 10. Prepare Engineers Estimate of Probable Construction Cost in FDOT format ATTACHMENT B 0 � � 0 Q > 0 k 3 > •0 0 0 � 0 f E @ . w O 0 L .2 k z k 0 ��. .0) 0 — k" o o o £ o c / 2 � / o'. % 0 \ 7 LL 0_ & information [RFI], etc.) Assumptions/Clarifications: Assumptions and exclusions for this Scope of Work include: cn as : D �7 : = 0 0 _0 k Q co @/ E ( § k / a: - 2 To E r% > C 0 0 0) @� o -0 cn 0 �: ƒ % ° 2 73 c 1- >•E il o k - § k k o @?, § £\$ k 7� / 2- Iii f 5 @ 22 £ / . o E 0 / -» EES 0. o' o E o _a 0 eL cncn J 0om0 > :E .Q §2 /e.= 0E Ek a)0 0(0 ae \ R k 0 = 2 0 0 u)E%a.rt, u) 7 ° m o / _ >. o: 21:1f 2E % /k ƒR2 a. 02o3� >0 o2 ak k7/ U) a) 0 / / %f 2E / E ) E al 0_0 =0> k7 n',..t< Project limits of proposed water utility improvements do not extend beyond the limits of the proposed FDOT roadway construction. Project plan sheets will be drawn in scale 1"=40'. Structural analysis or design may be required for water crossings. Design and/or specification of cathodic protection systems is not required for this project. Design of sheet piling is not required for this project. No water and sanitary valve box or manhole adjustments anticipated. w &. (-6 4 6 6 4 6¥ 10. Project excludes design of any sanitary sewer gravity pipelines. ok [ o § 5 :.: d )k. O E .-a 2 CL E f E o / 0 0 da / ) 2 § -a m ff %a R2 .>4 1 0 Ca 2 0 in C� 7:, 0 ƒ § %k . § k2 a) k ƒ = / .-E) 2 co 3 $ = 7 S. / E-0 §� 2 o 0c c g o > 0 co/ fY/ ®£ %2 R5 k� L 3O 0. m2 £1 // Ts 0/ E k : 6 = = ]\7 2 / 00 -- 0-- k acs k : 79/ k 2as 0 / ) 1 %ak (0 0 Eft E 2 -a=@% % 0 c a 2 D.� a LD _/� Q_20 0 4- k 2 2 " uN 0 E/ 0) ( 5 GR / $2 SE5 0) 3 \ 0 3 @ w & a ATTACHMENT B 14. Final FDEP certification and permit closeout not included. Current FDOT Projects Information Financial Project ID 405606-8-52-01 W c 00 OO O U..1 U EL x F N co LU a co E Y 2 V) O � O O .= v 0 co LC) U) g rn o o L L L m a) O O) LL O a) C Production Schedule: Constructability Submittal Biddability Submittal 0.1 z z V ESTIMATED COST ov000 T 4 o t, O� 44 69 ‘D 7 N 00 � 07ivD M 69 O V— CNO N N -- 69 N -- �D as 69 $279,385.821 00 0 O 69 - O O 69 $4,653.361 '0-0v M t+1 v1 7 69 O O 69 ("- O 0 -O 6A v l"-- O 0 O 69 TOTAL CONTRACT FEE COMPUTATIONS-(SNUBBS) Estimator Fernando Gomez (a) Total Loaded Salary_ $284,039.18 Date: 1/7/2020 (b) 0.00% TOTAL OVERHEADt1I _ _ __ _ $0.00 (c) 0.00% OPERATING MARGIN(2)__ _ _ - $0.00 (d) 0.000% FCCMt3I $0.00 (e) 0.00% DIRECT EXPENSE(4) $0.00 SUB TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $284,039.18 Notes: TOTAL CONTRACT FEE COMPUTATIONS (1) Total Overhead (General) = Included in (a) Total Loaded Salary (a) Total Loaded Salary$0.00 _ _ _ (2) Operating Margin = Included in (a) Total Loaded Salary (b) 0.00% TOTAL OVERHEADt1I _ __ $0.00 (3) Facilities Capital Cost of Money (FCC) = Included in (a) Total Loaded Salary (c) 0.00% OPERATING MARGIN t2I __________. $0.00 - (4) Direct Reimbursables (Out -of -Pocket) = Included in (a) Total Loaded Salary (d) 0.000% FCCMt3I $0.00 (e) 0.00% DIRECT EXPENSE(4) $0.00 TOTAL CONTRACT AMOUNT (LUMP SUM)-SNUBBS $0.00 ' SUB TOTAL CONTRACT AMOUNT (LUMP SUM) -SUE $16,000.74 $300,039.92 GRAND TOTAL CONTRACT AMOUNT (LUMP SUM) $300,000.00 FINANCIAL PROJECT No.: 405606-8-XXXX 'LORIDA DEPARTMENT OF TRANSPORTATION ESTIMATE OF WORK EFFORT AND FEE SNUBBS CONSULTING INC. r>4 H N O O ❑G� W w w 0cs >• dd x 3 $207.42 N4 O 69 O 00 69 - —O O 69 $145.97 - O O a 09 696 O 69 O 69 $592.62 ELEMENTS SNUBBS SUB TOTAL SNUBBS SUB TOTAL G.4 rn F 0 F Cel c4 44 ,n Q, N ON 670 1 00 V 0\ 46 7 0 \0 OT MANHOUB A B C D W&S MAIN (NOT USED) UTILITIES POST DESIGN PLANS a a, '0 v.1 rn 00 co V 27 00 173 1 604 1 M W 1725 O Q Z zFz W a o F 3 d V F z 3 0 r=4 o `i M %0S "' 0 CLASSIFICATION CHIEF ENGINEER PROJECT MANAGER PROJECT ENGINEER ENGINEERING INTERN SUB TOTAL a -22 a UTILITY COORDINATOR a z TEST HOLES (INCL SURVEY) TOTALS V) Z Pa oC v4 v) z m m v, SOFT -DIG SURVEY 111111 1 I ATTACHMENT B .y ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS). REMARKS Alignment for 16 -inch WM, 12 -inch FM & 12 -inch Reuse WM including interconnections, valves, fittings, etc. along CR -510 1 water crossing (Lateral Canal D) [1 water crossing (Lateral Canal D) Estimate is for 2 field visits x 2 persons @ 8 hours each and includes preparation, travel, and documentation time. First review will be conducted after 60% plans to verify proposed location. Second at Final UWHC plans to ensure constructability and connection points. (Assume there are 4 utilities within the project limits Setup project, maintenance of files, schedule updates, sub -consultant management, progress reports etc. As required by FDOT. Transport development and update of quantities for water main and coordination with FDOT-D4 Design Section. Includes preparation of engineers estimate of probable construction cost in FDOT formats and revisions as necessary Construction phasing of the WM, FM & Reuse WM and associated laterals. (Review Geotech information provided by FDOT for installing water main, check for contamination and determine if special fittings or wrap are required for water mains Assume 2 persons x 8 hours x 1 trip (includes prep & travel). This trip is for mandatory field phase review meetings as per FDOT prior to project completion. One meeting at PS&E. CADD HOURS TOTAL HOURS 140 Cc) M O C07 N N CO CO O 439 13 (.o 468 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT 140 MCO ON 20 V M 18 O d' COC NO. OF UNITS 1- .- a- N e- V' a- a- V l- O .- 3% BASIS OF ESTIMATE LS LS CO W LS W LS J LS LS LS LS J c W F !Pipe Line Alignment & Design Structural Analysis Water Way Crossing Field Reviews Field Survey & Service Location Transfer Existing Utilities to Plan/Profile Contract File (Set-up and maintenance) Quantities & Tabulation C.E.S. Summary of Pay Items Engineers Opinion of Probable Cost of Construction Construction Phasing Analysis Signing & Marking Analysis Geotech Investigation (Including Contamination) Quality Assurance/Quality Control Attend compulsory FDOT Field Review Meeting(s) r N M Cr u") O co Q) O— e- e- e- a— CO ATTACHMENT B 0. C • a ACTIVITY ACTIVITY: A.IWATER MAINS AND FORCEMAIN PLANS) REMARKS Develop standard FDOT cover sheet for JPA projects (3 lines) Development of project specific general notes, Department of Health and FDOT D4 Key map of all plan sheets and legends all symbols used (3 lines) Tabulation of quantities using FDOT basis of estimate Q Z Establish station and off set for all new meters, meters to be removed and le gth.of service lines This includes all work to create elements showing the mainline alignment for both horizontal and vertical geometries in plan and profile portion of 40' scale plan sheets for proposed 16" WM, 12" FM, 12" Reuse WM and existing utilities per FDOT standards. NOT USED This includes all work to create elements showing the side street alignment for both horizontal and vertical geometries in plan and profile portion of plan sheets for proposed water mains (2) and existing utilities per FDOT standards 1 water crossing (Lateral Canal D) Not required due to new roadway proposed Pipe laying sequence for construction of the 16 -inch WM and 12 -inch FM & interconnection to existing mains and associated laterals. Also, for the new 12" Reuse WM. Includes Typical section with phasing notes pertaining to the proposed utilities for each phase CADD HOURS TOTAL HOURS CV O O 18 O O N ^ O pp N r --N CO CO CO O O N N CV NO. OF SHEETS HOURS/ UNIT CV a- A- CO CO CO O Q) N 36 14 O O N N CV O z z s- C7 O N Cl O C0 N N N O O A- A- BASIS OF ESTIMATE • D � Sheet CO 0 CO Sheet Sheet CD CO Sheet Sheet CD C 0) CO Sheet 0) CO a CO Sheet Sheet Sheet CAd Key Sheet/Key Plan General Notes Legend and Key Plan Tabulation of Quantities and Pay Item Notes Summary of Valve and Manhole adjustment Summary of water meter service and service lines Combination 16" WM, 12" FM, 12" Reuse WM Plan/Profile Sheets WT USED Laterals Connections Plan/Profile Sheets Fire Hydrant Connection Plan/Profile Sheets V) m 0) 0 2 U 2 N General Details Typical Details Pavement and Base Restoration/General Notes and Details Core Boring Reports Phasing Notes Phasing Typical Sections N ('7 C. LO CO f� a0 O) r r A- A -LO CO f`,... ATTACHMENT B No detailed Maintenance of Traffic (MOT) anticipated as this will be part of the roadway plans. Electronic delivery per FDOT procedures. (3 lines) • Technical Special Provisions for WM, FM and Reuse WM. Attend Phase Review Meetings with City and FOOT During 60% & 90% Submittal. Total of 2 meetings for 2 people (includes travel time). Additional effort for 60%, 90%, 100% Production per FDOT Project Schedule milestones O t0 N M 24 eD M r r SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL O CO NCV 12 O N M o 01 CD N LS LS W W Traffic Control Plan Electronic Delivery Special Provisions / Specifications Phase Review Meetings IFDOT Submittals Quality Assurance/Quality Control O) O N a 00 O) O N N N N M N ATTACHMENT B ACTIVITY: A. (WATER MAINS AND FORCEMAIN PLANS) REMARKS Complete and submit permit applications to FDEP, FDOT and Fire. Department. Response to RFI from permitting agencies, plan revisions and updates etc. Assume 3 meetings at 6 hours including prep time, travel time and follow up To be paid for by SNUBBS and reimbursed by FDOT. c "' c d C.) x TOTAL HOURS CV M - N Of NO. OF SHEETS SUBACTIVITY TOTAL HOURS/ UNIT 42 M CO O F Z BASIS OF ESTIMATE LS LS w LS F Prepare Permit Applications Coordination and RFI with Permitting Agencies Permit Meetings Permit Fees N M R ATTACHMENT B REMARKS 1Perform Initial contact to obtain all existing as -built information from the existing UA/O on the project Follow up with UA/O for additional information, mark ups and transmittal of plans to ensure no conflict with their existing utilities. Assume 5 UAOs 2 hours per UAO Assumes this was previously done for another FPID, thus only requires revisions thereto Prepare agenda, attend utility meeting, prepare minutes and follow up (includes travel) CADD HOURS TOTAL HOURS CO 0CNI CO 46 46 NO. OF SHEETS SUBACTIVITY SUBTOTAL SUBACTIVITY TOTAL HOURS/ UNIT CO N N- CO NO. OF UNITS •- LA N- N BASIS OF ESTIMATE LS cn J cn J W CACA a Initial Contact with Utility Agency Owner (UAO) Coordination with UAO Assisting with execution of constrution agreements Attend Utility Meetings s- N M ..+7 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: CR-510/85th Street from CR -512 to West of 82nd Avenue Project #: 405606-4-36-01 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 184 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 185 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-00C (signature) For PARTICIPANT (signature) Name and Title Name and Title 59-3024028 Federal Employer I.D. Number Federal Employer I.D. Number Date Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date 186 (3.A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 11, 2020 SUBJECT: Indian River County et al., v. United States Department of Transportation, et al. BACKGROUND. On March 17, 2015, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to file a complaint in federal court challenging the U.S. Department of Transportation's ("USDOT' s") approval of the issuance of the $1.75 billion of tax exempt private activity bonds for what was then termed the All Aboard Florida project (the "Project"). On March 24, 2015, the Board authorized the County Attorney's Office to include the Emergency Services District as a plaintiff in the case. As the Board is aware, as a result of the decision in that case, the USDOT withdrew its private activity bond allocation for Phase II of the Project. On December 19, 2017, the Board authorized the County Attorney's Office to file a lawsuit against the USDOT in conjunction with issuance of the Record of Decision for Phase II of the Project. On February 13, 2018, Martin County, Indian River County and CARE -FL filed a lawsuit in federal court challenging the validity of the private activity bonds and the National Environmental Policy Act ("NEPA") process for Phase II of the Project. Martin County and CARE -FL have since withdrawn from the case. The court held an oral argument on the motions for summary judgment on November 27, 2018. On December 24, 2018, the court issued an opinion granting Defendants' Motion for Summary Judgment, granting Intervenor -Defendant's Motion for Summary Judgment, and denying Indian River County's Motion for Summary Judgment. On February 5, 2019, the Board voted to file an appeal with the D.C. Circuit Court of Appeals. Oral arguments were held on September 24, 2019. Although the County had meritorious claims on appeal relating to the illegality of the private activity bonds and the insufficient NEPA analysis performed by the Federal Railroad Administration, on December 20, 2019, the D.C. Circuit Court of Appeals denied the appeal. On January 14, 2020, the Board voted to not seek any further review in the case. The decision was based upon the recommendation of outside counsel, which the County Attorney shared, that further petitions were not likely to be granted. 187 Board of County Commissioners February 11, 2020 Page Two Since that Board meeting, private citizens have been raising money to file a petition for review by the United States Supreme Court. The deadline for filing such petition is March 19. The private citizens want the Board to hire Kannon K. Shanmugam with the law firm of Paul Weiss. Mr. Shanmugam clerked for Justice Antonin Scalia and Judge Michael Luttig, who served on the United States Court of Appeals for the Fourth Circuit. Mr. Shanmugam estimated that the cost to file the petition would be approximately $200,000. He also stated that if the Supreme Court decided to hear the case, he would be willing to charge the Board approximately $400,000 to fully brief and argue the case. If the United States Supreme Court were to grant jurisdiction, I would recommend that the Board fund the costs as set forth by Mr. Shanmugam for the complete prosecution of the case before the Supreme Court. On November 20, 2018, the Board voted to allocate an additional $1 million to fight the proposed project. As of February 4, 2020, there was $458,152.38 remaining in that account. If the Supreme Court grants jurisdiction, the funding for the briefs and argument would come from this account. FUNDING. Funds for briefing and argument, if jurisdiction is granted, would be available from the General Fund/County Attorney/Legal Services/All Aboard Florida, Account # 00110214-033110-15023. RECOMMENDATION. The County Attorney's Office recommends that if the private citizens are able to raise the $200,000 necessary to fund the filing of a petition for certiorari by the end of February, then the Indian River County Board of County Commissioners enter into an agreement with Mr. Shanmugam to handle the litigation before the United State Supreme Court, at a cap of $200,000 for the petition for certiorari, with the private citizens funding the cost of seeking jurisdiction, and the Board funding the remaining costs, not to exceed $400,000, for the costs of further briefing and argument if jurisdiction is granted. 188 1`4. () February 18, 2020 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 12, 2020 SUBJECT: Indian River Land Trust Conservation Lands Feasibility Study FROM: Susan Adams Commissioner, District 1 I would respectfully request a discussion on the Indian River Land Trust Conservation Lands Feasibility Study. 189 Summary of County Land General Use Classification Project 11-ta.i. All lands in Indian River County were classified into one of eight categories. The Indian River County Property Appraiser (IRCPA) parcel and tax roll data were used as the base information. Land classifications were determined using a number of sources including parcel ownership, property use codes, zoning, residential subdivision projects, IR Mosquito Control District impoundment data, and knowledge from County staff. The parcel data includes some parcels with many different combinations of ownership, leases, and management agreements. The data were compiled using available information as of November 2019. The area in square miles and percentages of each land general use category are provided in Table 1 and the Chart in Figure 1. Descriptions of each land classification category are provided in Table 2. The total area covered by the political boundary of Indian River County covers approximately 540 square miles. The three categories of Conservation, Designated Open Space, and Stormwater Ponds cover an area of approximate 169 square miles covering approximately 31.3% of the total area of Indian River County. Table 1: County General General Use Summary Percent Areas IRCGIS — 2/14/2020 1. 19g wawa (Sq Mdes) �' ?lair r Area KCumulative' Percentage Land Claea anon Category �+ Open Water 36.86 6.83% 6.83% Conservation 150.63 27.90% 34.73% Designated Open Space 13.21 2.45% 37.18% Stormwater Ponds 5.24 0.97% 38.15% Other 39.62 7.34% 45.49% Agriculture 207.00 38.34% 83.83% Undeveloped 12.88 2.39% 86.22% Developed 74.40 13.78% 100.00% Total Area 539.85 100.00% IRCGIS — 2/14/2020 1. 19g Figure 1: County Land General Use Summary Chart .Agriculture 38.34% Water 6.83% Undeveloped 2.39% Stormwater 0.97% Conservation 27.9% Designated Open Space 2.45% Table 2: County Land General Use Classification Descriptions Land Classification Category Classification ' Description Agriculture Land zoned for Agriculture or agriculture is the main use of property. Conservation Lands managed or preserved for conservation purposes and/or having conservation easements or agreements with landowners. (Note: Many conservation lands also contain mosquito impoundments.) Designated Open Space Mosquito impoundments, public parks, specific water management tracts not zoned for conservation. Developed Lands having established commercial, industrial, residential, or public structures. All tracts in recorded subdivisions with structures. Planned residential developments with some existing improvements. Other • Land has some kind of development, planned residential developments with no existing improvements, parceled and unparceled right-of-way, storm water tracts, utility easements, and parking lots. Stormwater Ponds Stormwater Ponds Undeveloped Land not zoned for Agriculture or Conservation, not within recorded subdivision plats, and having no visible development of any kind Open Water Indian River Lagoon, Sebastian River; Blue Cypress Lake, and other natural waterbodies. IRCGIS — 2/14/2020 2 I4.A,2. February 18, 2020 ITEM 14.A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 12, 2020 SUBJECT: Discussion of a $400 Authorization for Seven Vinyl Banners Encouraging Participation in the 2020 Census FROM: Chairman Susan Adams Commissioner, District 1 Discussion Item: I'd like to discuss an authorization of $400 for the purpose of printing seven vinyl banners encouraging Indian River County residents to participate in the 2020 Census. 190 3300 43rd Ave irnag ) Suite 6 Vero Beach, FL 32960 'omen), wig= (772) 567-3000 Graphics>Signage>Displays http://www.image360.com/verobeachfl Created Date: 1/9/2020 INVOICE 1-19029 DESCRIPTION: (6) 66"x16" & (1).10'x2' banner w/ grommets/ hemming Bill To:. The Town of Indian River Shores Florida 6001 North State Road A1A Indian River Shores, FL 32963 US Pickup At: Image360 - Vero Beach 3300 43rd Ave Suite 6 Vero Beach, FL 32960 US Ordered By: Laura Aldrich Email: townclerk@irshores.com Work Phone: (772) 231-1771 x 121 Tax ID: 85-8012666654C-3 Salesperson: House Image360 - Vero Beach Entered By: Pam Zurita NO. . Product Summary QTY tTh3EIT PRICE UNIT PRICE AMOUNT 10 66"x16" Banner (total qty 6) 10 $268.630 $268.63 1.11) 13oz Vinyl Banner - Part Qty: 4 Banner Hemming Width: 66.00" - Left, Right, Top, Bottom, Hemming Height: 16.00" Types: Tape Sides: 1 Grommets - Left, Right, Top, Grommet Type: Nickel Text: text provided Notes: *Grommets just on top corners 1.211 13oz Vinyl Banner - Part Qty: 2 Banner Hemming Width: 66.00" - Left, Right, Top, Bottom, Hemming Height: 16.00" Types: Tape Sides: 1 Grommets - Left, Right, Top, Bottom, Grommet Type: Nickel Text: text provided Notes:. Grommets only on all corners 20 (qty 1) 10' x 2' banner -- 10 $121.960 $121.96, 191 Generated On: 1/15/2020 9:26 AM Page 1 of 2 2.15 13oz Vinyl Banner - Part Qty: 1 Banner Hemming Width: 120.00" - Left, Right, Top, Bottom, Hemming Height: 24.00" Types: Tape Sides: 1 = Grommets - Left, Right, Top, Bottom, Grommet Type: Nickel Text: text provided Notes: Grommets only on all corners Pleasefeel free to contact us if you have any additional questions at 772-567- 3000 or email us at info@image360vero.com. Keep us in mind for all your graphic design and signage needs in the future. Thank you for your business! Subtotal: Taxes: $390.591 $0.001 Grand Total: Amount Paid: $390.591 $1.95.301 BALANCE DUE: $195.29 ] 50% down payment is required to move into proof, print and production. Full Payment is Due upon completion. We accept Visa, Master Card, and American Express please call our office at 772-567-3000. We also accept checks Made checks payable to Image360 and of course Cash is always welcome.:) Accounts not paid within 15 days of the date of the invoice are subject to a 1 1/2% monthly finance charge Thank you for your business! Signature: Date: 192 Generated On: 1/15/2020 9:26 AM Page 2 of 2 1sAI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Erin Baskins, Staff Assistant IV DATE: January 17, 2020 SUBJECT: Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: On January 16, 2018, the Board approved Indian River County Department of Emergency Services to enter into an affiliation agreement for the purpose of providing education oversight as it relates to preceptor mentoring with Health Career Institute, LLC. Indian River County Emergency Services District currently provides services for paramedic students from other training facilities to ride with experienced paramedics for the purposes of training and education. Indian River County Fire Rescue hires from an applicant testing and eligibility list and a majority of the time these individuals come from local schools. Numerous applicants (local and non -local) receive education from Health Career Institute, LLC. and we have hired many of these students into our workforce. The agreement allows for three (3) additional one (1) year renewals by mutual consent of both parties. On August 13, 2019, the Board approved the first extension of the Affiliation Agreement and at this time, staff is requesting to renew the Affiliation Agreement for the second one (1) year renewal term, and shall expire on January 15, 2021. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the second one (1) year extension of the Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District. ATTACHMENTS: 1. Second Extension of Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District 193 SECOND EXTENSION OF AFFILIATION AGREEMENT BETWEEN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND THE HEALTH CAREER INSTITUTE, LLC. This Second Extension of Affiliation Agreement (Second Extension) is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter COUNTY and HCI ACQUISITION LLC, a/k/a HEALTH CAREER INSTITUTE LLC, a foreign limited liability company doing business as HCI COLLEGE LLC (federal ID #38-3905312), whose location address is 1764 N. Congress Ave, Suite 203, West Palm Beach, FL 33409 hereinafter HCI do hereby agree as follows; WHEREAS, the COUNTY and HCI entered into an Affiliation Agreement (Agreement) with an effective date of January 16, 2018, for EMT and paramedic students who attend HCI to obtain "on the job training" by conducting ride -a -longs with County Emergency Services District personnel; and WHEREAS, the parties have found the Agreement to be mutually beneficial; and WHEREAS, the Agreement provides for three one year periods; and WHEREAS, the COUNTY and HCI desire to renew the Agreement for an additional one- year period. NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true andcorrect and incorporated herein by reference in this Agreement. 2. The Agreement effective January 16, 2018, is hereby extended until January 15, 2021, nunc pro tunc. 3. The remaining terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF the COUNTY and HCI has caused thee presents to be executed in their names, the day and year first above written. HCI ACQUISITION LLC, a/k/a HEALTH CAREER INSTITUTE LLC, d/b/a HCI College LLC, a foreign limited liability company By: Phil Botting, Program Director (printed name & title) Date: 01/15/2020 194 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Susan Adams, Chairman Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as -to Form and Legal Sufficiency: William K. DeBraal, Assistant County Attorney 195 15.51. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: February 10, 2020 To: Jason E. Brown, County Administrator Through: Vincent Burke, PE, Director of Utility Services From: Himanshu Mehta, Managing Director, Solid Waste Disposal District Subject: Award of Bid 2020028 —Transportation of Recyclables from Indian River County to St. Lucie County Descriptions and Conditions: An Interlocal Agreement (ILA) between the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board and the St. Lucie County Commissioners for the processing of recyclables became effective on November 19, 2019. Per this ILA, SWDD is responsible for the transportation of recyclables from IRC to St. Lucie County. Bid No. 2020028 was advertised on January 15, 2020, and was opened on February 7, 2020. Bid Results: Advertising Date: January 15, 2020 Bid Opening Date: February 7, 2020 Solicitation Broadcast to: 90 Subscribers Bid Documents Requested by: 5 Firms Replies: 4 Firms Firm Location Total Annual Bid Price J&G Transport, Inc. Belleglade, FL DQ Merrell Brothers, Inc. Kokomo, IN $617,576 PGL Trucking, Inc. Indian Harbor Beach, FL $302,900 Republic Services of Florida, LP Vero Beach, FL $277,414 At the bid opening, J&G Transport, Inc. was determined to be non-responsive to the requirements of the bid for failure to provide acknowledgement of Addendums No. 1 and No. 2 at bid submittal. Their bid price was not disclosed, and their bid disqualified. 196 Analysis: The three responsive bids were reviewed by SWDD, and the low bidder, Republic Services of Florida, Limited Partnership ("Republic Services"), was determined to be responsible and within the estimated budget. Since August 2019, SWDD has been utilizing PGL Trucking to transport recyclables to St. Lucie County under a blanket purchase order. Currently, SWDD is paying $16 per ton for the transportation of recyclables to St. Lucie County and a flat fee of $75 per load for the transportation of any residue from our Material Recovery Facility (MRF) to the top of the IRC Landfill for disposal. Through January 19, 2020, of this fiscal year, SWDD has transported approximately 5,852 tons at a cost of $99,696.36. Due to the success of our film -recycling program, the bid did include pricing to transport up to 12 loads of film per year to St. Lucie County. Finally, the bid included the pricing for transportation of residue from St. Lucie County. Landfill to the IRC Landfill at an estimated 12 loads per year. The proposed bid prices offered by Republic Services is lower than the current prices and would provide a net savings to SWDD. In addition, Republic Services is our current landfill, customer convenience center and MRF operator. Overall, Republic Services is the lowest, responsible and responsive bidder for this project. In accordance with the bid documents, an annual purchase order will be issued for this work. Republic Services has requested until the end of March 2020 to coordinate equipment and personnel for this project. Staff supports this request. Therefore, the term will begin upon award with a start date of April 1, 2020, through the initial term of September 30, 2020. The term will be renewed annually by the Purchasing Manager on one-year terms through September 30, 2025. Funding: Unit price per ton is shown in the table below. Scope of Work Annual Quantity * Unit Price Unit Type Annual Amount Transport Single Stream Recyclables from IRC MRF to St. Lucie Recycling Facility 18,000 $13.70 Per Ton $246,600.00 Transport Old Corrugated Cardboard from IRC MRF to St. Lucie Recycling Facility 2,000 $13.70 Per Ton $27,400.00 Transport Separated Film from IRC MRF to St. Lucie Recycling Facility 12 $191.80 Per Load $2,301.60 Transport Residue from St. Lucie Recycling Facility to IRC Landfill 12 $63.93 Per Load $767.16 Transport Residue from IRC MRF to IRC Landfill 12 $28.77 Per Load $345.24 * Annual Quantity is estimated, and fluctuates seasonally and by participation. Total Annual Amount $277,414.00 197 Funding for the SWDD Recycling services is budgeted and available in the SWDD recycling account, which is funded from SWDD assessments and user fees. Description Account Number Amount Other Contractual Services 41125534-033490 $277,414 Recommendation: Staff recommends the Solid Waste Disposal District Board authorize the following: 1. Award Bid 2020028 to Republic Services of Florida, Limited Partnership, as the lowest, responsible and responsive bidder for this project. 2. Authorize the Purchasing Manager, after approval by the Budget Office and after receipt of the required insurance, to issue a purchase order through initial term of April 1, 2020, through September 30, 2020, and annually thereafter through September 30, 2025. Attachments: 198 Bid No.: 2020028 Bid Title: Trasportation of Recyclables to SLCo Bid Opening Date: February 07, 2020 Time: 2:00 pm Witness: Witness: Diane Lystlund Jennifer Hyde Bidders Name Addendum 1 Addendum 2 Signed Bid Form al L Li. G L M o 3 Scutinized Lobbying Total Bid J&G Transport, Inc. NNY Y Y Y Y DQ Merrell Brothers, Inc. Y ¥ ¥ ¥ YY Y $617,576.00 PGL Trucking, Inc. Y ¥ ¥ ¥ YY Y $302,900.00 Republic Services of Florida Y Y ¥ ¥ ¥ Y Y $277,414.00 COMMENTS: 199 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 6, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Payment to Mr. Mulch for the Yard Waste Processing Services Descriptions and Conditions: 2 On March 7, 2017, the Solid Waste Disposal District (SWDD) Board authorized the Yard Waste Processing and Disposal Services Agreement (Agreement) with Russell Payne, Inc. d/b/a Mr. Mulch, Inc. (Mr. Mulch). The agreement commenced on April 1, 2017, for one (1) year with an option to exercise up to six (6) extensions of one (1) year terms. On February 6, 2018, the SWDD Board approved the First Amendment to the Agreement to clarify the annual rate adjustment process. In accordance with the Agreement, the Indian River County Purchasing Manager issued a one (1) year extension to the Agreement for the period of April 1, 2018, through March 30, 2019, and then an additional one (1) year extension for the period of March 31, 2019, through March 30, 2020. On September 30, 2019, SWDD received a 90 -day notice of termination from Mr. Mulch. The effective date for discontinuing their services was December 30, 2019. On November 19, 2019, the SWDD Board executed a Yard Waste Processing and Recycling Agreement with Atlas Organics Indian River, LLC, to process, transport and recycle yard waste on the landfill property. Atlas Organics began receiving and processing yard waste materials on January 2, 2020. In order to allow for a smooth transition between vendors, Mr. Mulch was asked to process all the materials received through December 30, 2019. It then completed the process on February 5, 2020. This agenda item is requesting SWDD Board approval for payment of the final invoice, submitted by Mr.Mulch, in the amount of $64,209.09. Analysis: As part of the project close out process, staff reviewed the contractual provisions of the agreement with Mr. Mulch related to final payment of the agreement. Staff identified that the agreement stipulated a three-year tail coverage for Environmental Impairment insurance. Mr. Mulch has provided the necessary documentation to Indian River County Risk Management and to our broker, Arthur Gallagher, to confirm 200 that the Environmental Impairment insurance that was in place during the term of the agreement was based on an "occurence" basis. This means that the policy would respond to an incident that "occurred" during the policy term, but reported after the policy term. Based on this confirmation, the requirement for a three-year tail coverage for Environmental Impairment insurance is unnecessary. Funding: Funding for yard waste processing is budgeted and available in the Other Professional Services account in the SWDD Recycling fund, which is funded through user assessment fees. Description Account Number Amount Recycling — Other Professional Services 41125534-033190 $64,209.09 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the final payment of $64,209.09 request to Russell Payne, Inc. d/b/a Mr. Mulch, Inc., and waive the requirement for a three-year tail coverage for Environmental Impairment insurance. Attachment: 1. Final Invoice from Mr. Mulch & Insurance Back -Up 201 MR. MULCH, INC. VERO BEACH, FL 32967 772-778-1059 Bill To INDIAN RIVER COUNTY SWDD ATTN: HIMANSHU MEHTA 1325 74TH AVE SW VERO BEACH, FL 32968 nvoice Invoice # 35354 Date 2/6/2020 Terms NET 30TH Quantity Description Price Each Amount 6,558.64 HAULING SERVICES 01/01/2020 - 02/05/2020 TONS HAULED 9.79 64,209.09 Sales Tax (7.0%) woo Total $64,209.09 202 Gl 0 0 U H A •rl b H' 0 u) N' u) r rn o u) N 0 0 U 0 0 0 0 0 0 •i'. in .0. ar) N 1O M w M nor- mC- I i--1 Ln v in al ifi 1r) 0Lc)to 4.1- U 4 0 0 yr in V u) (1� 3 l0 co ti, 01 H co r- m r L0r4 in1-1 H -0 Lc) . cr) ro 11) o: V.:0 •dd w 14 N 4.) )p o o 0 0 O P. x4-) O ) 00 00 H P. I +) CO N W ro •d 44 o 0 0 0 14 0 G) ) +) 0 g O N 4 0 ro•� ro q E O r M A2cglIgts 0 - 999999 M N �i 0 CO Ci) u 0 w t) o b N a a) H4 iatl H N )d 00 as Er) Himanshu Mehta From: Beth Martin Sent: Wednesday, January 29, 2020 8:07 AM To: Jennifer Hyde; Himanshu Mehta Subject: FW: Russell Payne, Inc. d/b/a Mr. Mulch, Inc. GL and Pollution polices 1 of 3 Please see the response below from the County's insurance broker. If Payne/Mr. Mulch has all of their equipment removed from the site on the last date of the agreement, does not do any more work there after that date, etc., in short, if they are completely out of the property on that date, their current insurance policies should be sufficient without the need for tail coverage. Beth Martin, Risk Manager Indian River County Board of County Commissioners 1800 27th Street Vero Beach FL 32960 (772) 567-8000, ext.1287 (772) 766-3644 (cell) From: Isabel Herbach [mailto:Isabel_Herbach@ajg.com] Sent: Tuesday, January 28, 2020 7:48 PM To: Beth Martin <bmartin@ircgov.com> Cc: Erica Con nick <Erica_Connick@ajg.com> Subject: FW: Russell Payne, Inc. d/b/a Mr. Mulch, Inc. GL and Pollution polices 1 of 3 CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hi, Beth. Following up on our earlier conversation, it is correct that the "Occurrence" would respond to an incident that. "occurred" during the policy term, but reported after the policy term. Your understanding is that, based on this contractor's scope of work, once the contract ends and he leaves, he will take his equipment and product with him, which makes it unlikely for a potential incident after the contract is done. Thanks for taking the time to talk this through with me earlier. If you have any other questions, please do not hesitate to call. Kindest Regards, Isabel Herbach, ARM AAI Client Service Executive isabel herbachajg.com Arthur J. Gallagher Gallaghertromrase1 figgiffemanav 1 cianatils Direct: 407.563.3541 1 Mobile: 407.463.0152 1 204 200 South Orange Avenue, Suite 1350 1 Orlando, FL 32801 - u s VAzma0r,SM ST Z. ETHICAL r71(92'.i.191711,721ret Clients may request certificates of insurance 24/7 @ CertRequests@ajg.com Please note that coverage cannot be bound or altered by sending an email request or leaving a voice mail. Coverage is bound when confirmation is received from the carrier. I would like to emphasize that the discussion set forth above is only an insurance/risk management perspective and is NOT legal advice. We do not provide legal advice as we arenot qualified to do so. I highly recommend that you seek the advice of legal counsel in order to become more fully apprised of the legal implications related to these issues. Communications concerning this matter, including this email and any attachments, are provided for purposes of insurance/risk management consulting. Opinions and advice provided by Arthur J. Gallagher & Co. is not intended to be, and should not be construed to be, legal advice. Please direct any request for legal advice to your attorney. From: Beth Martin <bmartinWircgov.com> Sent: Monday, January 27, 2020 4:19 PM To:Vickie@russellpayne.com' <Vickie@russellpavne.com> Cc: Erica Connick <Erica Connick@aig.com>; Isabel Herbach <Isabel. HerbachPaig.com>; Jennifer Hyde <jhyde@ircgov.com>; Himanshu Mehta <hmehta@ircgov.com> Subject: RE: Russell Payne, Inc. d/b/a Mr. Mulch, Inc. GL and Pollution polices 1 of 3 [EXTERNAL] Mr. Mulch's agreement with the County began March 7, 2017. Can you also send policies for that time period? Thank you, Beth Martin, Risk Manager Indian River County Board of County Commissioners 1800 27th Street Vero Beach FL 32960 (772) 567-8000, ext.1287 (772) 766-3644 (cell) From: Vickie@russellpavne.com[mailto:VickiePrussellpavne.com] Sent: Monday, January 27, 2020 3:56 PM To: Beth Martin <bmartin@ircgov.com> Subject: Russell Payne, Inc. d/b/a Mr. Mulch, Inc. GL and Pollution polices 1 of 3 ;AUTION: This message is from an external source. Please use caution when opening attachments or clicking links: Beth, Due to the file sizes, 1 will send the policies in three emails. Let me know if you need anything further. Thank you, Russell Payne, Inc. 1765 Commerce Ave. Vero Beach, FL 32960 772-778-2652 2 205