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HomeMy WebLinkAbout01/12/2021ORW A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 12, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flesc her, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Jeff Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS. 5.A. Presentation of Proclamation Honoring "For The Love Of Paws" Senior Pet Sanctuary Attachments: Proclamation 5.13. Florida Half Century (FHC) Softball Tournament, Indian River County, Florida, January 16-17, 2021 --presented by Mr. Mike Knowles, Chairman of the Florida Half Century Amateur Softball Association January 12, 2021 Page 1 of 5 5.C. 2020 Conservation Lands Program Update Attachments: Staff Report 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Sandra Wright on Her Retirement From Indian River County Board of County Commissioners Office of County Attorney with Thirty -Two Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Checks and Electronic Payments December 18, 2020 to December 24, 2020 Attachments: Finance Department Staff Report 8.B. Public Official Bond for Carole Jean Jordan, as Tax Collector Attachments: Public Official Bond - Carole Jean Jordan . Public Official Bond - Carole Jean Jordan 8.C. Approval of Extension of Memorandum of Understanding between Humane Society Vero Beach & Indian River County Florida Inc., and the Indian River County Board of County Commissioners Attachments: Staff Report Extension of MOU for Animal Shelter Services 8.D. Approval of a Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management for use of a WeatherSTEM Station Attachments: Staff Report MOA FDEM-Agency for WeatherSTEM Weather Station 8.E. FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction and Engineering Inspection (CEI) Services Resurfacing 69th Street from 66th. Avenue to SR5/US-1, Project No. IRC -1639, FM No. 438073-1-54-01 Attachments: Staff Report Indian River County Grant Form Authorizing Resolution FDOT SCOP Agreement January 12, 2021 Page 2 of 5 8.F. Renewal of Agreement with John Brown & Sons, Inc. for Natural Areas and Exotic Vegetation Management/Mowing - Bid Number 2019007 Attachments: Staff Report Renewal Agreement 8.G. Resolution Cancelling Taxes on Property Purchased for Public Purpose: Right -Of --Way for 58th Avenue Improvements from Manzul Rahim, an unmarried man Attachments: Staff Report Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Notice of Scheduled Public Hearing for January 19, 2021 Board Meeting to. Consider Miscellaneous Budget Amendment 005 Attachments: Staff Report B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for January 19, 2021 to Consider Adoption of an Ordinance re Face Covering Requirements and Exceptions - LEGISLATIVE Attachments: Staff Report 10.C.2. Notice of Scheduled Public Hearing for January 19, 2021 Board Meeting to Consider a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) - Legislative Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology . January 12, 2021 Page 3 of 5 12.E.1. End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procurement Recommendation Attachments: Staff Report F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 2021 Committees Vacancies Attachments: Staff Report Vacancies List - Info Only 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.13.1. Approval of Minutes Final Budget Hearing of September 23, 2020 15.13.2. Final Pay for Bid 2020027 - Old Dixie Highway -Landfill Wetland Mitigation Site Perimeter Fencing Attachments: Staff Report Change Order #1 Final Pay Invoice C. Environmental Control Board 16. ADJOURNMENT January 12, 2021 Page 4 of 5 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. January 12, 2021 Page 5 of 5 5. A. PROCLAMATION HONORING "FOR THE LOVE OF PAWS" SENIOR PET SANCTUARY WHEREAS, For The Love Of Paws Senior Pet Sanctuary traces its history to Jessica Pankiewicz and her husband, Ted, their mutual love of animals, and the many volunteer hours they devoted to pet rescue efforts in Indian River County; and WHEREAS, For The Love Of Paws was launched in June of 2014, after Jessica's sudden and tragic passing, as a memorial to her dream of operating a non-profit pet rescue service; and WHEREAS, the staff originally worked out of a garage, bagging and distributing pet food for the Indian River County Senior Resource's Meals On Wheels Program and fostering pets when their senior owners could no longer care for them until a permanent home could be found; and WHEREAS, For The Love Of Paws has expanded multiple times to support their growing efforts, earning the Indian River County/Vero Beach Humane Society's 2016 Joan G. Carlson Animal Protection Award and 211 Community Helpline's 2019 Animal Welfare Organization of the Year Award; and WHEREAS, For The Love Of Paws currently operates two fixed -location distribution centers providing pet food to more than 18 food pantries; employs two mobile pet food trucks that allocate over 10,000 pounds per month of free pet food to people in need; and partners with the Treasure Coast Food Bank to support the USDA Senior Citizen Supplemental Food Program by delivering both "people food" and pet food to residents below the poverty level; and WHEREAS, For The Love Of Paws has continued to expand its positive impact within the community, recently donating 30 emergency pet oxygen kits to Indian River Fire Rescue and Emergency Services when it was found they lacked that equipment. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, since 2014, For The Love Of Paws Senior Pet Sanctuary has provided compassionate and essential services to the senior citizen population of Indian River County and their pets, and that the organization is a worthy manifestation of the dream of its founder, Jessica Pankiewicz. Adopted this 12th day of January, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss 1 01/12/2021 5.B. l I- 1 01/12/2021 5.B. - Event Name .......... Date ._...... Sport. ..... # Participants Site East Coast Softball Tournament lune 13-14 Adult Softball 450 Dick Bird Park Indian River Sports Complex _ _ June 13-14 Youth Baseball Tournament 210 Fran Adams Park / Hobart Park Indian River Sports Complex June 28th Youth Baseball Tournament 135 'Fran Adams Park East Coast Softball Tournament July 11-12 Adult Softball 390 Fran Adams Park - TCSC Lacrosse Tournament _ Jul 18-19 Youth Lacrosse '. 500 Dick Bird Park - IRCPR Adult Softball Summer July 20 -Oct. 5th Adult Softball 213 Dick Bird Park - - TCSC Lacrosse TournamentJuly 25-26 - Youth Lacrosse 544 Dick Bird Park , East Coast Softball Tournament Aug.15-16' - Adult Softball 255 Fran Adams Park _ TCSC Mini Invitational Aug. 22nd Swim Meet 150 North County Aquatic Center - - SHS Swim & Dive Meet _ Sept. 14 _ Swimming & Diving 115 _ - North County Aquatic Center East Coast Softball Tournament Sept. 19-20 Adult Softball 243 - Fran Adams Park Indian River Sports Complex Sept. 19-20 Youth Baseball Tournament 128 Wabasso Park SHS Swim & Dive Meet Sept. 22 . = Swimming & Diving - 120 - North County Aquatic Center SHS Swim & Dive Meet - ... _ Sept. 29 Swimming & Diving _ .120 . North county Aquatic Center '. East Coast Softball Tournament _ Oct. 11 _: Adult Softball 120 Fran Adams Park Indian River Sports Complex Oct. 17-18 Youth Baseball Tournament 260 (Fran Adams Park /Hobart Park j TCSC Fall Invitational Oct. 17-18 Swim Meet _ _ _ 300 .North County Aquatic Center j IRCPR Adult Softball Fall Adult Oct. 20th -Dec. 28th .... Adult Softball 465 - _ _ --.– Dick Bird Park / Fran Adams Park - .. District High School Swimming Meet Oct. 21 swimming 300 North County Aquatic Center District High School Swimming Meet Oct. 23rd Swimming 250 North County Aquatic Center - Indian River Sports Complex Oct. 3-4 _ _ Youth Baseball Tournament 325 _ Fran Adams Park - - - - SHS Swim & Dive Meet _ Oct. 6 Swimming & Diving 110 North CountyAquatic Center Osprey Zap Dive Meet Nov. 11th Diving 45 North County Aquatic ,Center East Coast Softball Tournament _ Nov. 14-15 _ - Adult Softball 225 _ - - Fran Adams Park TCSC Lacrosse Tournament Nov. 7-8 _ Youth Lacrosse 840 Dick Bird Park East Coast Softball Tournament ....... . Dec. 5-6 - _ Adult Softball ........ -. 198 .-... Fran Adams Park ------- - - ..... .... ..... , j- ------ ... .—. — - . Harry Meisel Championship --- – � - Dec. 1243 Swim Meet 420 North County Aquatic Center Treasure Coast Sports Commission COVI D-19 Recovery Plan; , ► Stay Engaged with Tournament Directors and Community Partners ► Work with Venue Operators on Messaging ► Coordinate Return to Play Guidelines with Indian River County Parks and Recreation r� No. Enhanced Signage at Venues J ► Post Event Recap Meeting to review safety protocol for future events ► Pick Up New Events from other Destinations ► Professional Development with Industry Partners F.. 1- 2 01/12/2021 5.B. lop JIM Aft July -December Recap - Indian River County ➢ 19 Grant Funded Events ➢ 3,269 2020 Date Sport Event Name Actualized Hotel Room Nights Estimated Economic Impact 7/10-12/2020 Lacrosse Sunshine5tate Games Summer Classic 201 $316,852 7/16-17/2020 lacrosse Triple Crown National High School Showcase 150 $100,000 7/18-19/2020 Lacrosse Tri pte Crown Vero Beach Blast 250 $300,000 7/17-19/2020 Baseball USA Travel Baseball Championship 360 5230,519 7/23-27/2020 Baseball Cal Ripken State Championship 9U, 11U 450 $247,419 8/3-S/2020 Baseball Prospect Select Palm Beach Classic 90 5258,838 8/22-23/2020 Swimming Treasure Coast Swimming Spri nt invitational 7 $28,778 8/22-23/2020 Soccer Kickoff Soccer Vero Cup 131 $181,473 8/29-30/2020 Golf Florida State Golf Association Women's Mid -Amateur Championship 77 $26,508 10110-11/2020 Swimming Treasure Coast Swimming Fail invitational 24 5135,958.00 I0J23-25/2020 Baseball Prep Baseball Report Fail Classic 125 $195,968.00 11/7-8/2020 lacrosse Sunshine State Games Fall Classic 218 $246,691-00 11/14-15/2020 Baseball lackieRobinsonTCLegends5hawdown 206 $309,309.00 12/3-5/2020 Fishing Fishers of Men National Championship 24 $10,601.00 12/4-6/2020 Skydiving Skydive Sebastian Head Down Head Up Camp 90 $36,483.00 12/4-6/20 Soccer KickoffSoccer Vero Winter Cup 250 $326,372.00 12/5-6/2020 Skydiving Skydive Sebastian Florida Canopy Piloting Association 181 $21,826.00 12J70-13/2020 Baseball Card bean Baseball Organization World Comes to the Palm Beaches -Vero 393 $215,763.00 12/12-13/2020 Swimming Harry Meisel East Invitational 42 $147,420.00 Totals: 3269 $3,337,278 lop JIM Aft July -December Recap - Indian River County ➢ 19 Grant Funded Events ➢ 3,269 Actualized Hotel Room Nights ➢ $3,337,278 Estimated Economic Impact 1 - 3 January -March Upcoming Events Indian River County ➢ 10 Events o Maximum Velocity Vero Beach Coastal Classic o Lacrosse Masters Girls Prospect Camp o Baseball Factory Upper Class Preseason All -America o Florida Half Century Softball o U.S. Adult Baseball Spring Training Classic o Prep Baseball Report Florida Preseason Classic o Jackie Robinson TC Treasure Coast President's Day Challenge o Treasure Coast Swimming Spring Invitational o Jackie Robinson TC Spring Training / o Pickle U Vero Beach Pickleball Championship Florida Half Century Softball January 16-17, 2021 A 0 a IV Mike Knowles - Board Chair 01/12/2021 5.B. I 4 E3. C. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Division — Conservation Resources Date: December 22, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin M. Kirwin, Parks & Recreation Director From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: 2020 Conservation Lands Program Update This informational item has been prepared to provide the Board and the general public with an overview of the current and projected activities for the Conservation Lands Program. It is our goal to maintain effective communication by updating the progress of various projects that have been designed to increase public access and enjoyment of the County's Conservation lands Program. Parks and Recreation — Conservation Resources staff continue to develop a strategic approach to advancing public access improvements and land management projects within each of the conservation areas. This approach places special emphasis on conservation area management plans that have a commitment to Florida Communities Trust (FCT) to fulfill specific obligations, while at the same time addressing goals and objectives of the Board and the Department with respect to the Capital Improvement Element of the Comprehensive Plan. In addition to physical improvements to the conservation areas, staff has been working through the newly combined Parks & Recreation Division to improve outreach and education. Staff evaluated various companies and options for providing the public with a mobile based app that contains trail data. specific to our conservation areas. In October, staff selected Outerspatial to provide these services. GIS and Conservation staff have been working to transfer all necessary data to the company for a live launch expected to occur in late January. With this in mind, and in light of the current social distancing protocols related to COVID-19, staff also sought ways to encourage visitation at our conservation areas. In person education programs are generally the preferred method to introduce conservation areas to new visitors, however, with the need for social distancing measures and reduced group sizes, engagement is limited. Staff looked for alternative ways to engage larger numbers of people and to improve educational information available that encourages the public to visit the conservation area trails and amenities. Staff worked with the Budget Department to utilize CARES Act funding to produce 8 educational videos for this purpose. These videos will be available on a variety of platforms including the County's website, Facebook pages, Channel 27, You Tube, Vimeo, Conservation Lands Program Update— Informational Item January 207 as well as to be shared with other organizational partners. In addition, conservation staff will be working with recreation staff to schedule live premiers of each video throughout the next several months which will allow the public to engage with staff to ask questions and learn more about the County's conservation lands. In FY 19/20, two full-time Conservation Lands Technicians were budgeted and hired to assist the Division with the maintenance specific to conservation areas. The two positions have completed necessary deferred maintenance throughout the last year especially as it relates to exotics treatment and maintenance of trails, boardwalks and other amenities. As far as physical improvements, staff is providing a summary of current work efforts and projects that have been completed since the 2017 in tables shown below. While not entirely comprehensive, these tables provide a good snapshot of projects that have been completed or are in progress. Conservation Area Status — Projects Completed Conservation Area Milestones Milestones Multiple CAs . New entry signs installed • Captain Forster Hammock Preserve . Exotics treatment funded through Florida Fish & Wildlife Conservation • Indian River Lagoon Greenway boardwalk west of Old Dixie Hwy Commission — multiple years — entering maintenance rotation • North Sebastian Conservation Area . Renovation of buildings & other improvements east of improvements in late 2021 • Oslo Riverfront Conservation Area Old Dixie.Hwy in FY 22/23 Ansin Riverfront • Boardwalk & trails complete Conservation Area • Perimeter fencing to be installed (early 2021) • Transitioning to a 5 -year FCT reporting eriod Archie Smith Fish House . Dock/pier completed — remaining improvements beginning FY21/22 Harmony Oaks . Wetland boardwalk completed in 2020 Conservation Area Jones' Pier • Jungle Trail signage and brochures completed and installed Conservation Area . Fruit Stand reconstructed North Sebastian • Parking lot recently re -surfaced Conservation Area • New signage installed • Requesting transition to a 5 -year FCT reporting eriod Oslo Riverfront CA . Firebreak funded through Hazard Mitigation Grant Program complete Round Island South CA • Wetland boardwalks installed, trails complete South Oslo Riverfont CA • Boardwalks installed, new educational signage installed Conservation Area Status — Planning & Permitting Phase Conservation Milestones Anticipated Timing Area • Site plan underway for parking, trails, pavilions & Construction to be Hallstrom boardwalk west of Old Dixie Hwy completed for western Farmstead . Renovation of buildings & other improvements east of improvements in late 2021 Old Dixie.Hwy in FY 22/23 Conservation Lands Program Update— Informational Item January 207, j Conservation Area Status — Construction Phase Conservation Area • Initial survey work complete Conceptual design to be Lost Tree Island ' Strategic design meetings underway completed in mid -2021 Harmony Oaks • Conceptual design under development completed in FY 21/11 • BOCC update planned as part of design process Sebastian • Trails & boardwalks complete Bidding for parking and Harbor Preserve • Site plans & permitting complete (parking & pavilions) picnic improvements in early • Pavilion 80% complete — FPL to relocate power for 2021 South Prong Preliminary survey complete Permitting to be complete by Slough Site plan under development late 2021 — construction 2021 bidding to follow Conservation Area Status — Construction Phase Conservation Area Milestones Anticipated Timing • Wetland boardwalk completed in 2020 Improvements planned to be Harmony Oaks . Planning possible kayak launch & limited parking completed in FY 21/11 • Trails stem complete with new boardwalk • Wetland construction is 90% complete — awaiting Improvements to be complete pump installation & planting in mid -2021 • Pavilion 80% complete — FPL to relocate power for restroom facilities Jones' Pier . Cottage to be painted & interior renovated in early 2021 • House to be elevated (HMGP Grant received) in mid-. 2021. • Museum layout & exhibit designs underway • Bids for construction of parking lot, pavilion and trail Parking lot and trail to be Kroegel have been received opened in mid -2021 Homestead • Planning for reconstructed outbuildings in 2021 • Museum design planned for FY21/22 • Repaired impoundment overlook under construction Boardwalk & trail improvements Oslo Riverfront New perimeter fencing planned for early 2021 to be complete in late • New boardwalks planned for 2021/22 2021/early 2022 (pending • Planning improvements to the ADA loop trail design & permitting) Oyster Bar Construction of boardwalks 7 trails complete Site improvements to be Marsh Parking lot construction anticipated to commence in completed in mid -2021 early 2021. • Perimeter fending to be installed in early 2021 Overlook to be completed in Wabasso Scrub Wetland overlook bidding nearing completion mid -2021 • Trails complete Conservation Lands Program Update— Informational Item January 202J 01/12/2021 5.C. <da Indian River ounty Conservation Lands Program 1992 • $26M Environmental Land Bond Referendum x� 2004 • $50M 2"d Environmental Land Bond ` Referendum ,cx d t , nc istoricall Expandey significan ements ' -Y7 Indian River County Conservation Lands Program County + Partner Acquisitions just under 12,000 acres permanentf� Orotected Managed by Indian River County 2,300 acres Managed by other agencies through leases & management agreements, 7 5,622 a Conservation Easements = 3,761 Indian River County Dw,d of,:-u'Commissloners M.fty.Jv ... y 11, 2629 SCC BOARDS COUNTYA-Z EVENTMENDAR CONTACT Ck *T F -1, V Conservation Lands Program 4D 58MA.— CA nt. CA t 3- A 1 A—) 01/12/2021 5.C. !7 t L- 2 01/12/2021 S.C. Indian River County Conservation Lands Program' Significant �f Project Updates • Harmony Oaks. ,fir Conservations Area — boardwalk - completed f Indian River County -' Conservation Lands Prograr- "f Significant Project Updates • Oyster Bar == Marsh - - Conservation. Area — boardwalks complete _ 1 d�i, vg 'R9.• a4 i7Y ���iLa ami _I — 6 01/12/2021 5.C. 4� 7 01/12/2021 S.C. , ian"RiVer County Cons6tvation-U nds Program EDUCATION:4 OUTREACH & PROGRX MMING ; .V.oiunt6oir Events Educatio. i"'-V"de-o-§ wive Programming a4-iWcH ; utreach L� 9 01/12/2021 5.C. .r- -- - -two Indian River County Conservation Lands Program , 40 For Info, registration, O donatiom or to volunteer email Conurvatior to;cgov cont or call 772•Z26.1873 y- -- -� OR SCAN ME! �� S Volunteers wv'1 he assigned to an orgenbation and will work an aulgned mea. All voluntears must p-reghur 1s lymbe(orelanuary8at4pm Register Today! viAm IRCRec.com • 15 Partnering Agency • Over 1.50 Volunteers.,, 3 Hours/Vol • 3560 lbs of Trash r r rt � Indian River County Y Conservation Lands Program,, Indian River County Conservation Lands Program published by eethlmes rosve00-larnrary Bat 5:10 PM -O .•. With the cooler temperatures arriving this weekend, this is a perfect opportunity to create a fun treat for your feathered friends) Look for painted buntings. Cardinals, blue jays, and catbirds to enjoy these yummy mid -winter snack! Let us know what success you have in yore own backyard habitat] Education programs coming soon - stay tuned] hops V IMmeo.com/498494140 VIN.EO.CDM Making a Pine Cone Bird Feeder This is't.9aking a Pine Cone Bind Feet' by Indian River County. FL.. Bright Eyed d Bushy laded Intro to Songbirds i — 10 01/12/2021 5.C. Indian River,County Conservation Lands Program Beth Powell Asst. Director Parks & Conservation Resources �- 772-226-1873 • PoWe—iMirc-gov.com - E � t r l Wendy Swindell Conservation Lands Program Coordinator 772-226-1881 • wswindell@ircgov.com 772-589-9223 • www.ircgdV.dM Conservation@ircgov.com Pine Cone Bird Feeder Activity January 19 • 6pm Bright Eyed & Bushy Tailed Intro to Blyding February 2 • 6pm Guests David & Dee Simpson IRC's Top 10 Exotic Plants ---- February 16 • 6pm Guest Christine Kelly Begazo, OF IFAS IRC .i. Ken Gieoli, OF IFAS Ft. Pierce Not So Spooky Night February 26 • 6pm Guest Paula Evans, Environmental Educator Knoxville Zoo - Bedtime with the Beasts Scrub Habitat & Florida Scrub Jay 10, Ad March 2 • 6pm - Guest Monica Folk, PhD, CWB - Wild Folk, LLC Conservation Lands Management March 16 • 6pm Guest Sammy McGee St. Sebastian River Preserve State Park Biologist Florida Flatwoods Habitat April 1 • 6pm Guest Sammy McGee St. Sebastian River Preserve State Park Biologist Hiking Safety & New Trail App April b • 6pm Guest Paige Lester, IRC GIS Analyst Educational videos linked to these programs are available at www.IRCgov.com/Conservation. PROCLAMATION HONORING SANDY WRIGHT ON HER RETIREMENT FROM INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS OFFICE OF CO UNTYA TTORNE Y WHEREAS, Sandy Wright retires from the Indian River County, Office of County Attorney, effective January 28, 2021; and WHEREAS, Sandy Wright began her career with Indian River County, Department of Utility Services on January 9,1989, after having worked for the Honorable Judge Daniel M. Kilbride and the Office of the State Attorney; and WHEREAS, soon thereafter Sandy Wright was able to re-enter the legal profession when she joined the Office of County Attorney as a Legal Secretary I; and WHEREAS, in June 1994, Sandy Wright was promoted to Legal Secretary Hand in July 1998, classified as Legal Secretary, a position she has held for over twenty-two years; and WHEREAS, Sandy Wright has served this County and the Public with distinction and selflessness. During her thirty-two years of service, she was dedicated, and her work was greatly appreciated by the Board, all six of the County Attorneys she served, citizens, and co-workers alike, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Sandy Wright's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last thirty-two years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 12th day of January, 2021. BOARD OF COUNTY COMMISSIONERS IND]ANRIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 5 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 24, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 18, 2020 to December 24, 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 December 18, 2020 to December 24, 2020. aA 6 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 402911 12/18/2020 ECOTECH CONSULTANTS INC 2,674.00 402912 12/18/2020 CLERK OF CIRCUIT COURT 262.60 402913 12/18/2020 CLERK OF CIRCUIT COURT 194.50 402914 12/18/2020 AMERICAN SOCIETY OF CIVIL ENGINEERS 295.00 402915 12/18/2020 FLORIDA DEPT OF TRANSPORTATION 29.60 402916 12/18/2020 FLORIDA FIRE MARSHALS & INSPECTORS 150.00 402917 12/18/2020 FLORIDA DEPT OF AGRICULTURE AND 216.00 402918 12/18/2020 INDIAN RIVER COUNTY TAX COLLECTOR 480.00 402919 12/18/2020 CITY OF FELLSMERE 146.46 402920 12/18/2020 GOVERNMENT FINANCE OFFICERS ASSOC 665.00 402921 12/18/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 402922 12/18/2020 FLORIDA EMERGENCY PREPAREDNESS 100.00 402923 12/18/2020 FLORIDA EMERGENCY PREPAREDNESS 100.00 402924 12/18/2020 FLORIDA EMERGENCY PREPAREDNESS 100.00 402925 12/18/2020 INDIAN RIVER FARMS WATER CNTRL DIST 135.00 402926 12/18/2020 INDIAN RIVER FARMS WATER CNTRL DIST 282.50 402927 12/18/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 2,475.00 402928 12/18/2020 U S BANK NATIONAL ASSOCIATION 2,688.00 402929 12/18/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 402930 12/18/2020 FLORIDA RURAL LEGAL SERVICES INC 3,278.80 402931 12/18/2020 SUNCOAST REALTY & RENTAL MGMT LLC 4,125.00 402932 12/18/2020 OAK RIVER PROPERTIES INC 4,500.00 402933 12/18/2020 DAVID PRIETO 4,500.00 402934 12/18/2020 INDIAN RIVER RDA LP 500.00 402935 12/18/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,125.00 402936 12/18/2020 EQ THE ENVIRONMENTAL QUALITY COMPANY 21,873.44 402937 12/18/2020 HELPING ANIMALS LIVE -OVERCOME 20.00 402938 12/18/2020 KEITH GROCHOLL 125.00 402939 12/18/2020 HEATHER HATTON 30.00 402940 12/18/2020 ATLANTIC ROOFING II OF VERO BEACH INC 23,671.77 402941 12/18/2020 COLONIAL HEIGHTS ACQUISITION LP 2,325.00 402942 12/18/2020 FLORIDA DESIGN DRILLING CORP 3,500.00 402943 12/18/2020 FOUNDATION FOR AFFORDABLE RENTAL 2,817.00 402944 12/18/2020 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 402945 12/18/2020 THE TRANSIT GROUP INC 3,002.89 402946 12/18/2020 FASTCASE INC 1,890.00 402947 12/18/2020 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 402948 12/18/2020 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,131.00 402949 12/18/2020 CHANGE HEALTHCARE LLC 35,164.78 402950 12/18/2020 JOHN J DRISCOLL 475.00 402951 12/18/2020 JUDITH A BURLEY 50.50 402952 12/18/2020 ORCHARD GROVE VENTURE LLC 4,854.00 402953 12/18/2020 ROBERT A HUDSON 375.00 402954 12/18/2020 NON PROFIT HOUSING PRESERVATION PL INC 4,500.00 402955 12/18/2020 FREDERICK S WIGGINGTON 2,400.00 402956 12/18/2020 KEVIN A HEINIG 4,425.00 402957 12/18/2020 NO DRAMA PARTNERS 4,500.00 402958 12/18/2020 AT&T WIRELESS 2,333.49 402959 12/18/2020 AT&T CORP 65.54 402960 12/18/2020 AT&T CORP 1,513.48 402961 12/18/2020 AT&T CORP 8,947.42 402962 12/18/2020 AT&T CORP 135.55 402963 12/18/2020 DIRECTV GROUP INC 81.24 402964 12/18/2020 LINDEN-BEALS CORP 561.60 402965 12/18/2020 TREASURE COAST HOMELESS SERVICES 768.29 402966 12/18/2020 TRANE US INC 3,049.25 402967 12/18/2020 BERMUDA SANDS APPAREL LLC 467.42 402968 12/18/2020 COBRA GOLF INCORPORATED 232.68 7 TRANS NBR DATE VENDOR AMOUNT 402969 12/18/2020 AMAZON CAPITAL SERVICES INC 216.09 402970 12/18/2020 AMERIGAS PROPANE LP 1,947.93 402971 12/19/2020 TOWN OF ORCHID 2,153.46 402972 12/19/2020 LORI YOUNG 5,000.00 402973 12/19/2020 TREASURE COAST FOOD BANK INC 190,000.00 402974 12/19/2020 TREASURE COAST COMMUNITY HEALTH INC 27,950.00 402975 12/19/2020 TRACI BRIDGMAN 5,000.00 402976 12/19/2020 ONCE UPON A THYME 5,000.00 402977 12/19/2020 CAPTAIN CLEAN LLC 5,000.00 402978 12/19/2020 CARLSWARD FARMS LLC 3,500.00 402979 12/19/2020 ESTATE JEWELRY OF ORCHID ISLAND INC 5,000.00 402980 12/19/2020 CAPTAIN BOBS AIRBOAT TOURS LLC 5,000.00 402981 12/19/2020 WAX RECORDS INC 5,000.00 402982 12/19/2020 EVA'S POLISH KITCHEN LLC 5,000.00 402983 12/19/2020 MANE ATTRACTION 5,000.00 402984 12/22/2020 FOUNDATION FOR AFFORDABLE RENTAL 2,472.00 402985 12/22/2020 AMAZON CAPITAL SERVICES INC 2,862.20 402986 12/22/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 2,008.00 402987 12/22/2020 MAXIMUS SERVICES INC 3,000.00 402988 12/22/2020 ROBERT CLAYTON GIDDINGS 4,500.00 402989 12/22/2020 HOMEBRIDGE FINANCIAL SERVICES INC 4,500.00 402990 12/23/2020 VERO BEACH INVESTMENTS LLC 4,500.00 402991 12/23/2020 KEVIN SIDERS 4,500.00 402992 12/23/2020 FLAGSTAR BANK 2,810.00 402993 12/23/2020 ANTHONY WOLDANSKI 1,500.00 402994 12/23/2020 DOUBLE D'S DELICATESSEN LLC 5,000.00 402995 12/23/2020 OUR HELPING HANDS 2,500.00 402996 12/23/2020 ENDORPHOSIS LLC 5,000.00 402997 12/23/2020 4 FOURTY FOUR INC 5,000.00 402998 12/23/2020 KUSH HOTELS INC 5,000.00 402999 12/23/2020 VERO BEACH PARTY RENTALS 5,000.00 403000 12/23/2020 ADRENALINE MARTIAL ARTS & FITNESS INC 5,000.00 403001 12/23/2020 CELTIC CONTACTS INC 5,000.00 403002 12/23/2020 UNITED WAY OF INDIAN RIVER COUNTY 606.00 403003 12/23/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,202.72 403004 12/23/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 403005 12/23/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 39.07 403006 12/23/2020 NORTH CAROLINA CHILD SUPPORT 105.69 403007 12/23/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 403008 12/23/2020 TX CHILD SUPPORT SDU 163.85 Grand Total: 548,540.21 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017522 12/18/2020 AT&T CORP 913.75 1017523 12/18/2020 OFFICE DEPOT INC 1,362.69 1017524 12/18/2020 COMCAST 69.95 1017525 12/18/2020 WASTE MANAGEMENT INC OF FLORIDA 989.07 1017526 12/18/2020 AT&T CORP 916.16 1017527 12/18/2020 COMCAST 216.70 1017528 12/18/2020 INDIAN RIVER BATTERY 1,188.05 1017529 12/18/2020 GALLS LLC 124.70 1017530 12/18/2020 ALLIED UNIVERSAL CORP 5,646.83 1017531 12/18/2020 GROVE WELDERS INC 3,025.00 1017532 12/18/2020 FIRST HOSPITAL LABORATORIES INC 114.00 1017533 12/18/2020 41MPRINT INC 1,652.35 1017534 12/18/2020 DLT SOLUTIONS LLC 6,459.21 1017535 12/18/2020 AUTO PARTNERS LLC 515.56 1017536 12/18/2020 HYDRA SERVICE (S) INC 5,294.00 1017537 12/18/2020 EFE INC 6,559.53 1017538 12/23/2020 INDIAN RIVER BATTERY 192.10 1017539 12/23/2020 AMERICAN CONCRETE INDUSTRIES INC 2,055.00 1017540 12/23/2020 MIKES GARAGE & WRECKER SERVICE INC 85.00 1017541 12/23/2020 GALLS LLC 131.99 1017542 12/23/2020 MEEKS PLUMBING INC 917.02 1017543 12/23/2020 ABCO GARAGE DOOR CO INC 114.00 1017544 12/23/2020 ALLIED UNIVERSAL CORP 13,271.62 1017545 12/23/2020 IRRIGATION CONSULTANTS UNLIMITED INC 372.43 1017546 12/23/2020 TOTAL TRUCK PARTS INC 3,433.84 1017547 12/23/2020 COMO OIL COMPANY OF FLORIDA 32.00 1017548 12/23/2020 STRYKER SALES CORP 4,375.00 1017549 12/23/2020 MIDWEST MOTOR SUPPLY CO 1,044.58 1017550 12/23/2020 HYDRA SERVICE (S) INC 298.00 1017551 12/23/2020 COUNTY MATERIALS CORPORATION 7,660.80 1017552 12/23/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 225.00 1017553 12/23/2020 GUARDIAN ALARM OF FLORIDA LLC 212.50 1017554 12/23/2020 EFE INC 1,748.05 Grand Total: 71,216.48 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8210 12/18/2020 WRIGHT EXPRESS FSC 15,516.86 8211 12/21/2020 CLERK OF CIRCUIT COURT 8,928.22 8212 12/21/2020 IRC CHAMBER OF COMMERCE 33,287.18 8213 12/21/2020 SENIOR RESOURCE ASSOCIATION 86,624.79 8214 12/21/2020 RX BENEFITS INC 245,263.19 8215 12/21/2020 SENIOR RESOURCE ASSOCIATION 311,526.05 8216 12/21/2020 CLERK OF CIRCUIT COURT 314,434.00 8217 12/22/2020 KIMLEY HORN & ASSOC INC 4,862.50 8218 12/23/2020 KIMLEY HORN & ASSOC INC 43,710.32 8219 12/23/2020 TEAMSTERS LOCAL UNION #769 5,291.00 8220 12/23/2020 IRC FIRE FIGHTERS ASSOC 10,310.84 8221 12/23/2020 FL SDU 4,585.46 8222 12/23/2020 INDIAN RIVER COUNTY SHERIFF 89,000.00 8223 12/23/2020 INDIAN RIVER COUNTY SHERIFF 5,346.66 8224 12/23/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,914.00 8225 12/23/2020 CITY OF SEBASTIAN 38,405.43 8226 12/23/2020 MUTUAL OF OMAHA 2,511.50 8227 12/23/2020 IRS -PAYROLL TAXES 477,294.90 8228 12/23/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 65,487.27 8229 12/23/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 8,889.37 8230 12/23/2020 CHARD SNYDER & ASSOCIATES INC 329.60 8231 12/23/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,883.94 8232 12/23/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 1,539.45 8233 12/23/2020 NATIONAL METERING SERVICES INC 34,834.50 8234 12/23/2020 APTIM CORP 34,925.98 Grand Total: 1,865,703.01 10 E18, CLERK OF CIRCUIT COURT INTEROFFICE MEMORANDUM To: Honorable Board of County Commissioners Date: January 12, 2021 Subject: Public Official Bond for Carole Jean Jordan, Tax Collector From: Terri Collins -Lister, Supervisor Clerk to the Board and VAB Pursuant to Section 137.01, Florida Statutes, Public Official Bonds must be approved by the Board of County Commissioners. It is requested that the Board approve the attached Public Official Bond, effective January 6, 2021 through January 6, 2025, for Carole Jean Jordan. In accordance with Ordinance 2012-033, the Public Official Bonds/Renewal Certificates are on file in the Office of the Clerk to the Board. Attachment: Public Official Bond — Carole Jean Jordan 11 State of Florida Secretary of State Bond Number 66048403 Division of Elections 500 South Bronough Street, Room 316 Tallahassee, Florida 32399-0250 Public Official Bond County of Indian River KNOW ALL MEN BY THESE PRESENTS, That we, Carole Jean Jordan (Oficial sName) as Principal, and Auto -Owners Insurance Company as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of $ 100.000.00 Dollars, we hereby bind ourselves and each of our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was electedn appointedII Tax collector to hold this office for (Name of Orice) a term beginning 01/06/2021 and ending 01/06/2025 and until his/her successor is qualified according to the Constitution and Laws of the State of Florida. NOW, THEREFORE, if the official shall faithfully perform the duties of their office as provided by law, this obligation is void. DA y (Signature ffrcial) Signed and Sealed this 3rd day of December . 20 20. 6101 Anacapri Blvd., Lansing, Michigan 48917 (Address of Main Surety Company) Waddell & Williams Insurance Group (Name of Local Bonding Company) 947 20th PI, Vero Beach, FL 32960 (Address of Local Bonding Company) (SEAT.) By X � 'e5- e5� (Signature of Florida Licensed Agent) (Social Security Number of Florida Licensed Agent) Teresa E Gibson (Type Name of Florida License Agent) The above is approved this day of . 20 by: County Commissioners Chairman: Joseph E. Flescher Peter D. O'Bryan, Vice Chairman Adams 4bonddoc (02/04) Joseph H.Earman 12aura Moss DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO. 66048MM POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27,1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint Teresa E Gibson its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shalt be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING. MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 1 st day of August, 2016 Denise Williams Senior Vice President STATE OF MICHIGAN} ss COUNTY OF EATON f a""' > • T"�`'h, On this 1st day of August, 2016 before me personally came Denise Willi tome known, who being duly sworn, did depose and �rowrrPMUC `' couwrorce+r Z say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation descnbed'm and q which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate Jnr;. rya 2g Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of Directors of said corporation. My commission expires March 10, 2022 Susan E. Theisen Notary Public STATE OF MICHIGAN ss. COUNTY OF EATON I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains In full force and effect as written and has not been revoked and the resolution as set forth is now in force. Signed and sealed at Lansing, Michigan. Dated this 3rd day of December 2020 o�N6Rs�,yso �C r {CORPORATE• �SkEAL1" P2 Aj �i William F. Woodbury, First Vice Pr ident, Secretary and General Counsel 2940 (10-M Print Date: Print TT5 RIMA MWn INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: January 7, 2021 SUBJECT: Approval of Extension of Memorandum of Understanding between Humane Society Vero Beach & Indian River County Florida Inc., and the Indian River County Board of County Commissioners It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On March 17, 2020, Indian River County entered into a Memorandum of Understanding (MOU) for Animal Shelter Services with Humane Society Vero Beach & Indian River County Florida Inc., which commenced on May 1, 2020 for a duration of six months. On August 1.8, 2020, a 6 month extension was granted, which is due to expire on May 1, 2021. At this time, Indian River County and the Society wish to amend and extend the Memorandum of Understanding for an additional twelve (12) months, with an expiration date of April 30, 2022. The monthly compensation due to the Society will be a flat rate of $39,000 ($468,000/annually). FUNDING: Under the current MOU, funding for FY 20/21 animal services has been allocated in the general fund. Funding for the increase of $36,000 will be made available through a line transfer from General Fund/Animal Services, Account #00124962. ITEM I AMOUNT ACCOUNT NUMBER General Fund/Animal Services 1 $468,000 00124962 RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to execute the Extension of Memorandum of Understanding for Animal Shelter Services. 14 ATTACHMENT: 1. Extension to Memorandum of Understanding between Humane Society Vero Beach & Indian River County Florida Inc., and Indian River County Board of County Commissioners. 15 EXTENSION TO MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES THIS EXTENSION TO MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES ("Extension") is entered into as of this day of 2021, by and between the Humane Society of Vero Beach & Indian River County, Florida, Inc. a Florida not for profit corporation, whose address is 6230 77th Street, Vero Beach, Florida, 32967 ("Society") and the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("County"). BACKGROUND RECITALS WHEREAS, on March 17, 2020, Society and County entered into a Memorandum of Understanding for Animal Shelter Services, which commenced on May 1, 2020 for a period of six months; and WHEREAS, the parties agreed to extend the Memorandum of Understanding for Animal Shelter Services for an additional six months, until May 1, 2021; and WHEREAS, the parties now wish to extend the Memorandum of Understanding for Animal Shelter Services for an additional twelve months. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. The Memorandum of Understanding for Animal Shelter Services is extended until April 30, 2022. All other provisions of the Memorandum of Understanding for Animal Shelter Services shall remain in full force and effect except for the following: Part 1.0 Scope of Services Page 1 Section 1.3 Compensation & Reports a. The County shall pay the Society a flat monthly fee of $39,000 for the services described herein. b. The Society agrees to provide the County with a monthly report of animals and/or other services provided utilizing a form and format that is consistent with established business practices utilized by the Society. The County agrees to provide the Society with a monthly report of service calls listed by type, service area/location and final 16 disposition for the Society to provide aid in targeted areas for community outreach and support services. IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date first written above. Humane Society of Vero Beach & Indian River County, Inc. Signature of Authorized Officer Kate Meghji, Executive Director Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 0 Joseph E. Flescher, 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: Dylan Reingold County Attorney Page 2 17 • ► INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of.Emergency Services DATE: December 29, 2020 SUBJECT: Approval of a Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management for use of a WeatherSTEM Station It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Florida Legislature appropriated $970,000 to the Executive Office of the Governor, Division of Emergency Management, to fund the Florida Severe Weather Mesonet — WeatherSTEM. The Florida Division of Emergency Management has contracted with WeatherSTEM for the purchase and installation of fifty (50) weather monitoring systems in designated locations throughout the state of Florida and includes maintenance of the system for three (3) years. Indian River County was one.of locations selected. The WeatherSTEM system provides real-time weather information (winds, temperature, rain gauge, etc.) and the data is accessible to the public. The suggested target area is southern Indian River County and we have selected an installation at Fire -Rescue Station 2, located at 3301 Bridge Plaza Dr. in Vero Beach. Ownership of the Weather Station will be transferred to Indian River County upon installation. This agreement requires that Indian River County maintain the Weather Station for at least an additional seven (7) years following the end of the WeatherSTEM maintenance agreement. The annual maintenance cost for the Weather Station is estimated to be $1,800.00. FUNDING: Funding for the annual maintenance is an allowable expense covered by the EMPA Grant and will be budgeted accordingly beginning in 2023, when Emergency Management is required to take over the maintenance cost. 18 RECOMMENDATION: Staff recommends approval of the Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management. ATTACHMENTS: 1. Two (2) copies of the Memorandum of Agreement for use of WeatherSTEM. 19 MEMORANDUM OF AGREEMENT FOR USE OF WEATHERSTEM STATIONS BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Memorandum of Agreement ("MOA") is entered into by and between the Florida Division of Emergency Management ("FDEM") and Indian River County ("Recipient"). WHEREAS, the Florida Legislature appropriated $970,000 to the Executive Office of the Governor, Division of Emergency Management, to fund the Florida Severe Weather Mesonet — WeatherSTEM; WHEREAS, the purpose of this appropriation was to provide FDEM with hyper -local, real-time weather data in strategic locations to provide critical information to assist in the deployment of resources to impacted areas during times of severe weather; WHEREAS, FDEM has contracted with WeatherSTEM for the purchase and installation of fifty (50) weather monitoring systems ("Weather Station") in designated locations throughout the state, including maintenance for three years; WHEREAS, FDEM has coordinated with the counties where the Weather Stations would be installed; WHEREAS, ownership of the Weather Stations will be transferred to the Recipient upon installation; WHEREAS, to ensure that this mesonet continues to benefit the state, the Recipient will agree to maintain each Weather Station it receives for at least an additional seven (7) years following the end of the WeatherSTEM maintenance agreement; WHEREAS, WeatherSTEM maintenance costs are eligible for recovery under the Emergency Management Preparedness and Assistance (EMPA) Grant and may also be eligible under the Emergency Management Performance Grant (EMPG) Program; NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties agree to the following terms: 1. Recipient agrees to take ownership of the Weather Station(s) within its geographical control from FDEM immediately upon installation of the Weather Station. 2. FDEM agrees to prepay for the maintenance of the Weather Stations for three (3) years following its installation by WeatherSTEM. 20 3. Recipient expressly agrees to be fully responsible for the maintenance, repair, software updates, and any other costs of the Weather Station(s) for the duration of their estimated lives following the expiration of the prepaid three (3) year maintenance agreement with WeatherSTEM. A Weather Station's expected equipment life is estimated to be ten (10) years. WeatherSTEM provided Recipient with the estimated annual cost for maintaining a Weather Station. At its option, Recipient may separately contract with WeatherSTEM to maintain the Weather Station for the duration of the MOA. 4. Recipient agrees to use the Weather Station(s) for their intended purpose and provide data to WbatherSTEM and its users as required by WeatherSTEM and FDEM. 5. Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. 6. All notices provided under or pursuant to this MOA shall be in writing, and sent via certified mail return receipt requested, along with a courtesy copy via electronic mail, to the representatives and addresses identified below: For FDEM: Amy Godsey, Chief State Meteorologist Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399 850-519-8483 Amy.Godsey@em.myflorida.com For Recipient Theodore E. Stone, Director Indian River County, Department of Emergency Services 4724 43rd Avenue Vero Beach, FL, 32967 772-226-3947 tstone@ircgov.com 7. Term a. The Term of this MOA is ten years from the date of installation of the Weather Station. b. If the Weather Station ceases operation prior to the end of its estimated ten-year life, or if the Weather Station is destroyed by an accident not otherwise covered by insurance, the Recipient is not obligated to replace the Weather Station and the MOA would be void unless the parties agree otherwise. If WeatherSTEM, after consulting with the Recipient, replaces Page 2 of 5 21 the damaged Weather Station, the Recipient is responsible for the maintenance of the new unit through the remainder of the original Term of this MOA. c. Provisions surviving the Term of this MOA: (1) the Recipient shall allow WeatherSTEM to continue collecting weather data from the Weather Station until the Weather Station ceases to function; (2) WeatherSTEM and the Recipient may mutually agree who is responsible for maintaining the Weather Station following the end of the Term of this MOA. 8. Miscellaneous a. This MOA shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. b. The Parties agree that nothing in this MOA serves to create an employer- employee relationship between FDEM and Recipient. c. This Agreement creates neither a partnership nor a joint venture, and neither Party has the authority to bind the other. d. Except for the attachment of proof of installation of the Weather Station(s), any modification of this MOA or additional obligation assumed by either Party with regard to this MOA shall be binding only if evidenced in writing signed by an authorized representative of each Party. e. Either Party may request changes to this MOA. Any changes, modifications, revisions or amendments to this MOA that are mutually agreed upon by and between the Parties to this MOA, shall be incorporated by written instrument and effective when executed and signed by all Parties to this MOA. f. This MOA shall not be construed against either Party and shall be deemed to have been drafted by both Parties. g. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by either Party to be sued by third parties. h. This MOA, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this MOA. i. This MOA may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same MOA. INTENTIONALLY LEFT BLANK Page 3 of 5 22 IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by their undersigned officials as duly authorized. AGENCY By: Printed Name and Title Date FLORIDA DIVISION OF EMERGENCY MANAGEMENT Jared Moskowitz, Director Date Page 4 of 5 23 Addendum Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. Serial Number I Address Page 5 of 5 24 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM C TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's .Signature for Construction and Engineering Inspection (CEI) Services Resurfacing 69th Street From 66th Avenue to SR5/US-1 Project No. IRC -1639, FM No. 438073-1-54-01 DATE: December 21, 2020 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of $1,128,607.00 for the Construction and Engineering Inspection (CEI) Services for resurfacing of 6911 Street from 66th Avenue to SR5/US-1 (estimated total cost for the project is $2,085,227.00). The proposed improvements will include full depth reclamation of existing pavement, installation of superpave asphaltic concrete, including paved shoulders for bike lanes, and installation of thermoplastic pavement markings. The County's portion is estimated to be $956,620.00. 111I7IT10 Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $1,128,607.00 of the total cost for the project. Funding for the County's cost share in the amount of $956,620.00 of the estimated cost is budgeted in Account No. 10921441-053360-19003/Secondary Roads/69th Street Resurfacing 66th Avenue to U.S. Highway 1. RECOMMENDATION Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP) Agreement FM No. 438073-1-54-01 APPROVED AGENDA ITEM FOR JANUARY 12, 2021 25 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOEOOFC\@BCL@ECOEOOFC.docx GRANT NAME: FDOT Small County Outreach Program (SCOP)CONSTRUCTION AND CEI (RESURFACING) OF 69th. STREET FROM 66TH AVENUE TO SR5/US-1, GRANT # 438073 -1 -54 -OI AMOUNT OF GRANT: $1,128,607.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis. P.E. PMP, Countyengineer TELEPHONE: (772) 226-1221 L How long is the grant for? Until December 31, 2022 Starting Date: Once FDOT issues NTP 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 45.876 % 012.13 5. Grant match amount required $ 956.620.00 012.14 6. Where are the :matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 012.17 7. Does the grant cover capital costs or start-up costs? Yes _X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A $ (Attach a detail listing of costs) Fourth Year 8. Are you adding any additional positions utilizing the grant funds? Yes _2L—No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries '& Wages (PT) 012.11 Social Security 012.12 1 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 _S/Sec. Medicare .Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 956.620.00 Signature of Preparer: Date: t 2 Z ZM&O 26 Grant Amount. Other Match Costs Not Covered Match Total First Year $ 1,128,607.00 $ $956,620.00 $ 2,085,227.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: t 2 Z ZM&O 26 RESOLUTION NO. 2021 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CEI (RESURFACING) OF 69th STREET FROM 66TH AVENUE TO SR5/US-1, WHEREAS, the reclamation/resurfacing of 69th Street From 66th Avenue to SR5/US-1 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 the construction and CEI (resurfacing) of 69th Street From 66th Avenue to SR5/US-1, as well as widening existing shoulders to five feet, minor drainage improvements, signing and pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total project costs as its portion of the required local match. 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, a Small County Outreach Program Agreement 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 Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the resolution passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William D..DeBraal, Deputy County Attorney Joseph E. Flescher, Chairman 27 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40E1052\@BCL@F40E1052.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT 525-010-00 PROGRAM MANAGEMENT 02/19 FPN: 438073-1-54-01 Fund: G_R_SC, SCWR, SCWR FLAIR Category: 085576 Org Code: 5504 30 10 404 FLAIR Obj: 751000 FPN FPN Fund: _ Org Code: Fund: _ Org Code: FLAIR Category: FLAIR Obj; FLAIR Category: FLAIR Obj: County No:88 Contract No: Vendor No: VF596-000-679-003 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority, Insert Funding Program Name, Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in CONSTRUCTION AND CEI (RESURFACING) OF 69th STREET FROM 66TH AVENUE TO SR5/US-1, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31,2022. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozns Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $2,085,227.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,128,607.00 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. c. The Department's participation in eligible Project costs is subject to, but not limited to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2n s iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. If. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients .receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 30 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozrts If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 31 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozrls m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2i1 s construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii., Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Page 6 of 14 33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2i1 s Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. I. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E": This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through Page 7 of 14 34 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozrl s the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities: State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does. not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(cDdot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen local -govt(c�aud.state.fl.us Page 8 of 14 35 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2i1 s v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement maybe expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. Page 9 of 14 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2i1 s f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Page 10 of 14 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02✓1 s Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence' basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. f. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making Page 11 of 14 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2n s of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its. application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Page 12 of 14 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2n s Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 40 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY Name of RECIPIENT) TITLE: CHAIRMAN Print Name: Joseph E. Flescher Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller , Deputy Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: STEVEN C. BRAUN, P.E. Date: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: See attached encumbrance form for date of Funding approval by Comptroller. APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY Page 14 of 14 41 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osis 7 Page 1 of 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 438073-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of Transportation and INDIAN RIVER COUNTY (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 2.540 MILES. Begin mile post 1.981 to end mile post 4.532. 69th Street from 66th Avenue to SR-5/US-1. PROJECT DESCRIPTION: RESURFACING 69th Street from 66th Avenue to SR-5/US-1 The proposed improvement will include the reconstructing the roadway utilizing full depth reclamation, new asphalt concrete pavement signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by December 31, 2022 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: The DEPARTMENTwill hold Construction Notice to Proceed (NTP) until design plans are submitted by the RECIPIENT and approved by the DEPARTMENT. 42 Florida Statues: 334-044(7) EXHIBIT A SCOPE OF WORK 8 DELIVERABLES 69th STREET FROM 66TH AVENUE TO SR-5/US-1 FM# 438073-1-54-01 This Project will be performed for the resurfacing 69TH Street from 66th Avenue to SR-5/US-1. The proposed improvements will include the reconstruction of the roadway utilizing full depth reclamation, new asphalt concrete pavement including signing and pavement markings. EXHIBIT A 43 DELIVERABLES FM# 438073-1-54-01 Item No. Description Unit Quantity 101-1 MOBILIZATION/ DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-2 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING AC 14.0 110-7-1 MAIL BOX (F&I) EA 30 120-1 REGULAR EXCAVATION CY 8,618 120-6 EMBANKMENT CY 1,749 160-4 TYPE "B" STABILIZATION SY 16,808 283-7 FULL DEPTH BASE RECLAMATION (10" MIXING DEPTH) SY 19,942 285-706 OPTIONAL BASE GROUP 04 (CEMENTED COQUINA, LBR 100, 6") SY 12,905 285-716 O6PTIONAL BASE GROUP 18 (CEMENTED COQUINA, LBR 100, SY 1,663 334-1-13A SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (1.5") TN 2,674 334-1-13B SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (2") TN 143 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (FC -9.5) (TRAFFIC TN 11753 400-1-2 CONCRETE CLASS 1, ENDWALLS CY 3.9 425-1-521 INLETS, DT BOT, TYPE C, <10' EA 7 425-1-551 INLETS, DT BOT, TYPE E, < 10'(W/ CONC. APRON) EA 1 425-2-41 MANHOLE (TYPE 7) (P -BOTTOM) (<10') EA 1 430-175-115 CONCRETE PIPE CULVERT (15") (S/CD) (CL III) LF 85 430-175- 118A CONCRETE PIPE CULVERT (18") (S/CD) (CL III) LF 263 1188 5- 1188 CORRUGATED ALUMINUM PIPE CULVERT (18") (S/CD) LF 20 430-1 5- 124A 124A CONCRETE PIPE CULVERT (24") (S/CD) (CL III) LF 23 430-964-4 PRC PIPE FOR NON-STANDARD DRAINAGE (10") (SCH 80) LF 25 430-984-119 MITERED END SECTION (ROUND) (10") (SD) EA 1 430-984-123 MITERED END SECTION (ROUND) (15") (SD) EA 2 44 430-984-125 MITERED END SECTION (ROUND) (18") (SD) EA 1 520-3 VALLEY GUTTER - CONCRETE (2' WIDE) LF 110 522-2 CONCRETE SIDEWALK AND DRIVEWAYS (6" THICK) (FIBER REINFORCED)SY 254 530-3-4 RIPRAP - RUBBLE (F&I) (DITCH LINING) TN 21.5 570-1-1 PERFORMANCE TURF (SOD) (BAHIA) SY 36,000 700-1-11 SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 12 SF AS 15 700-1-13 SINGLE POST SIGN, F&I, GOUND MOUNT, 20-30 SF AS 1 700-1-50 SINGLE POST SIGN (RELOCATE) AS 1 700-13-15 RETROREFLECTIVE SIGN STRIP- F&I, 5' EA 1 706-3 RETRO -REFLECTIVE MARKERS EA 366 711-11-121 THERMOPLASTIC, STD, WHITE, SOLID, 6" LF 16,480 711-11-125 THERMOPLASTIC, STD, WHITE, SOLID, 24" LF 101 711-11-141 THERMOPLASTIC, STD, WHITE, SKIP (6-10'), 6" LF 307 711-11-160 THERMOPLASTIC, STD, WHITE, MESSAGE EA 1 711-11-221 THERMOPLASTIC, STD, YELLOW, SOLID, 6" LF 10,678 711-11-224 THERMOPLASTIC, STD, YELLOW, SOLID, 18" LF 38 711-11-231 THERMOPLASTIC, STD, YELLOW, SKIP (10'-30'), 6" LF 4,020 ** 999-1 ASBUILT SURVEYING AND RECORD DRAWING PREPARATION BY REGISTERED SURVEYOR LS 1 ** 1644-800 FIRE HYDRANT (RELOCATE) EA 1 (**) Non -participating CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Inspector Inspector AIDE Quality Control (QC) Manager Earthwork Construction Inspector Level 1 Earthwork Construction Inspector Level 2 Asphalt Paving Technician Level 1 Asphalt Paving Technician Level 2 45 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osis EXHIBIT «B" Page oft SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 438073-1-54-01 1801 27TH STREET VERO BEACH, FL 32960 I. PHASE OF WORK by Fiscal Year: FY 2021 FY2022 FY2023 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 or or or $ 0.00 $ 0.00 $ 0.00 $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) 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 or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 I Construction/CEI - Phase 54 $1,699,771.00 $ 385,456.00 $ 0.00 $2,085,227.00 Maximum Department Participation - (SMALL COUNTY % % % % OUTREACH PROGRAM) or $ 743,151.00 or $ 385,456.00 or $ or $ 1,128,607.00 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 or or or $ 956,620.00 $ 0.00 $ 0.00 $956,620.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 956,620.00 $ $ $ 956,620.00 Combination In-Kind/Cash $ $ $ $ 0.00 46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE 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 47 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 or $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $1,699,771.00 $385,456.00 $0.00 $2,085,227.00 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 47 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION: Construction and CEI (Milling and resurfacing) of 69th Street from 66th Avenue to SR5/US-1. FPID#: 438073-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20_ By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: Name: Date 48 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) 525-010-60 PROGRAM MANAGEMENT 09117 Page 1 of 1 THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $1,128,607.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https:Happs.fldfs.com/fsaa/searchCatalog.asox COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 49 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT orals Page 1 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY 1. Construction on the Department's Right of Way. If the Project involves construction on,. under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, .the Department Plans Preparation Manual ("PPM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department -managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Katherine Kehres located at 3601 Oleander Avenuen, Fort Pierce, FL 34982. Telephone number 772-429-4889. Email address Katherine.Kehres@dot.state.fl.us. c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the. latest edition of the Department Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. e.- The Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right-of-way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, 50 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ons Page 2 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY effect, or performance of this Agreement including, but not limited to, the Recipient's use, occupancy or possession of Department right-of-way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, Florida Statutes. g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project. The Department shall have the right to perform its own independent testing during the course of the Project. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. j. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The Recipient shall bear all construction delay costs incurred by the Department. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. m. The acceptance procedure will include a final "walk-through" by Recipient and Department personnel. Upon completion of construction, the Recipient will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. In. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Recipient and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ons Page 3 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY the Recipient fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Recipient 's sole cost and expense, without Department liability to the Recipient for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within thirty (30) days of the date of the invoice. o. The Recipient shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Recipient shall be responsible. for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from 9:00 a.m. to 3:30 p.m., (Monday -Friday), unless otherwise approved by the Operations Engineer, or designee. s. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Guillermo Canedo Florida Department of Transportation Public Information Office 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 954-777-4302 Email: guillermo.canedo@dot.state.fl.us Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 52 STATE OF FLORIDA DEPARTMENT OF 525-010-60 TRANSPORTATION PROGRAM MANAGEMENT STATE -FUNDED GRANT 0of1 -Page 1 of 1 9/17 AGREEMENT Exhibit G ALTERNATIVE ADVANCE PAYMENT FINANCIAL PROVISIONS If payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes: The invoiced amount to the Department for contractor(s) and consultant(s). cannot exceed the amount of the invoice received from the Recipient's contractor(s) or consultant(s). 2. 1 All of the Recipient's costs must have been incurred and paid prior to the date of the invoice All invoices received from the Recipient shall clearly separate the cost of the contractor(s) or consultant(s) from the Recipient's costs billed to the Department. All, invoices submitted to the Department must provide complete documentation, including a copy of the contractor's or consultant's invoice(s), to substantiate the cost on the invoice. The Recipient must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid and have been incurred by the contractor(s) or consultant(s). Each monthly invoice subsequent to the first invoice from the Recipient must contain a statement from the Recipient that the previous month's cost incurred by the contractor(s) or consultant(s) has been paid by the Recipient to the contractor(s) or consultant(s). 53 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Parks & Recreation Division — Conservation. Resources Date: January 5, 2021 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks :& Conservation Resources Jennifer Hyde, Purchasing Manager From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Renewal of Agreement with John Brown & Sons, Inc. for Natural Areas and Exotic Vegetation Management/Mowing — Bid Number 2019007 DESRIPTIONS AND CONDITIONS On January 8, 2019, the Board of County Commissioners awarded bid number 2019007 to John Brown & Sons, Inc. and subsequently executed an Agreement dated January 8, 2019. The original agreement was approved for a one-year term with two one-year renewals available, subject to vendor acceptance, satisfactory performance and determination that renewal is in the best interest of the County. The first extension was approved by the Board and effective January 8, 2020. Throughout the last year, the contractor has provided quality workmanship, expedited projects in a timely manner and otherwise performed in a beneficial manner. FUNDING Contractor pricing will remain unchanged from the original agreement. The expended amounts per fiscal year for this contract to date include: $34,982 in FY 2018/19; $272,702 in FY 2019/20; and $147,925 issued as a Purchase Order for FY 2020/21. The expenditures have included services rendered for Conservation Lands, Coastal Engineering and Sandridge Golf Club. Multiple departments utilize the Agreement through Work Orders and/or Purchase Orders, thus multiple funding sources are utilized as needed. Staff will provide funding information through the approval of Work Orders or through the purchasing guidelines associated with Purchase Orders. STAFF RECOMMENDATION Staff respectfully requests that the Board of County Commissioners approve the second one-year renewal through January 7, 2022 for the Agreement with John Brown & Sons, Inc. and authorize the Chairman to execute the renewal agreement after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. ATTACHMENTS • Sample Renewal Agreement APPROVED AGENDA ITEM FOR JANUARY 12, 2021 54 THIS SECOND EXTENSION FOR NATURAL AREAS AND EXOTIC VEGETATION MANAGNEMENT/MOWING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND JOHN BROWN & SONS, INC. ("CONTRACTOR") THIS SECOND EXTENSION to Natural Areas and Exotic Vegetation Management/Mowing Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and John Brown and Sons, Inc., ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, On January 8, 2019, COUNTY and CONTRACTOR entered into the Natural Areas and Exotic Vegetation Management/Mowing Agreement (the "Agreement"); and WHEREAS, On December 17, 2019, COUNTY and CONTRACTOR entered into the First Extension of the Natural Areas and Exotic Vegetation Management/Mowing Agreement (the "Agreement"); and WHEREAS, the extension term of the Agreement was for one year, beginning on January 8, 2020, and allows a second one year extension; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the second extension to the Agreement for the period January 8, 2021 through January 7, 2022. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the COUNTY and CONTRACTOR agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The following terms are added to the agreement: The following paragraph is added to ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS: 7.01 J CONTRACTOR is registered with and will use the Department of Homeland Security's E -Verify. system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONTRACTOR is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 55 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension this day of , 2021. JOHN BROWN AND SONS, INC. By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit 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 56 II E Office of INDIAN *�LORtn� Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J.. Prado, Assistant County Attorney MEMORANDUM Consent Agenda 1/12/2021 RIVER COUNTY TO: . IThe Board of County Commissioners FROM: Susan J. Prado, Assistant County Attorney DATE: December 30, 2020 ATTORNEY SUBJECT: Resolution Cancelling Taxes on Property Purchased for Public Purpose: Right -Of -Way for 58th Avenue Improvements from Manzul Rahim; an unmarried man 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 purchased by Indian River County: Public Purpose: Right-of-way for 58th Avenue Improvements Location/Description: Portion of Parcel 32-39-29-00005-0000-00007.0 Purchased From: Manzul Rahim, an unmarried man Instrument: Warranty Deed recorded in O.R. Book 3372, Page 2269 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 purchased 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. Attachment: Resolution cc: Carole Jean Jordan — Tax Collector Wesley Davis — Property Appraiser 57 purchased from Manzul Rahim, an unmarried man public purpose: for 58'" Avenue right-of-way part of tax parcel 32-39-29-00005-0000-00007.0 RESOLUTION NO. 2021- 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 1 58 RESOLUTION NO. 2021 - 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 purchased by Indian River County from Manzul Rahim, an unmarried man, for 58th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3372, Page 2269 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 Joseph E. Flescher, Chairman Commissioner Peter D. O'Bryan, Vice Chairman Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2021. 2 59 RESOLUTION NO. 2021 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Z ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Joseph E. Flescher, Chairman Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: Susan J. Prado. Assistant County Attorney 3 60 )OZ'j- MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 7, 2020 RE: Public Notice of Public Hearing Scheduled for January 19, 2021 to Consider Adoption of an Ordinance re Face Covering Requirements and Exceptions The Board of County Commissioners will hold a Public Hearing on Tuesday, January 19, 2021, 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, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE 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 41 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: December 23, 2020 SUBJECT: Notice of Scheduled Public Hearing for January 19, 2021 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 12, 2021. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: January 19, 2021: 1. Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. W W— Public Hearing Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 4, 2021 Subject: Notice of.Scheduled Public Hearing for January 19, 2021 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 12, 2021. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: January 19, 2021: 1. Consideration of Miscellaneous Budget Amendment 005 RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. -0 G5 COVID-19Vaccine Update January 12, 2021 COVID-19 Vaccinations — State of Florida 01/12/2021 11.A. • Governor's EO 20-315 limits vaccines to the following: • Long-term care facility residents and staff • Health care personnel with direct patient contact • Persons 65 years of age and older • (Hospital providers, however, also may vaccinate persons who they deem to be extremely vulnerable to COVID-ig) G3-1 • Persons 65 years of age and older • State Dept. of Health (DOH) receives vaccines to COVI D_19 administer to this group (and others) Vaccinations — • County coordinating to provide logistical support and resources for mass vaccination clinics State of • DOH is unable to restrict otherwise (e.g. 75 and older) Florida • 48,248 IRC residents 65+ • 2,000 vaccinations planned this week Vaccination Trends — Indian River County Vaccination Clinic Appointments by Week 2,000 2000 1800 ' 1600 1400 ' r 1200 � 1000 6ojDecem y a "da il( I 4� 200 jent Fra no 0 Week 1 Week 2 ■Week1 ■Week2 RWeek3 01/12/2021 11.A. Week 3 �3- 2 01/12/2021 11.A. IRC Daily Vaccinations—State Report 5000 4578 ! 45°0 4000 i 350° Vaccination 3000 2500 Trends — Indian 20� River County 15°° 2000 6eicemb r ;ff g a wf h '! 1 i Sao .-� ..__. - � Pi. E ° O ° Rres'Isien# Frankiiq De)anq Roos eve It y y Oti Off' O~ Oti O~ O~ O~ O~ Oti Ory O, Oti Oti m Daily o Cumulative �3-3 COVID-19: vaccine summary Vaccination data through Jan 10, 2021 as of Jan 11. 2021 at 12:05 AM Data in this report are provisional and subject to change. Humber of people who recelvad their first dose or completed their COVID-19 vaccine series yesterday and cumulatively ' 3N4CMm .549 211 760 12571 2.392 14.969 ` OukM ........ ZS 1. ..__ 0 - 21 - .. ... i1.i .. .. 597- _ .{.... .. ... �.._. ..- i8ny 463 0 - - 463 4.149��__. -. _._ 10, _ 4,Y59 l .. - ._. d.... ... _ 5.( - -_. .w7 ii) 674 ► 7 14,927 124 14,951 C O V I D 19 tl owald 7.049 j 29 ,tlilnam. - .. .. 0 -0- ].079 { .. 0 43.682 _652 6.511 j _ 1 10.193 ; 658 l Crm4°Ilc I 3 i 0 3 f 4477 .' G I 4,4x3 j i0rtnis - .. 38 .. 0 .. 38 5.513 -. .. 17 5.530 !. /''/` Vaccinations C7aY__ { _ 3� j _ .3 41 = 4910 _ 237 {_ - 5.147 i ice'"-' - 9 _ _... 1 - - ]0_ 9.205 _. _.... 36 9,241 , ..._ _ CMrmiita 1 4 5 (. 1.857 34 I 1.701 State ?aa•- .. 3.174 .. - 112 - - - -3.255 _ - -, -- 58.989 Q759 -- 68.748 . of _ wsota -� 1--� o � o �o E -. _ .._ - lis .. .. .. � � i I � -720 ';pure 0 1 1 207 5 212 j, 3_.._...........380..1 Florida .0! ... ..... ..... _ - v .378_j. Eslbml�le I1 0 11 9.x4 - a 9.276 . - _ _ - - - - _ _ _a.. !•_..3.039. _ _ _ �. . L..... .. 3.00rt_? i ~0- - - 0 - O 4ar1 4 4'84 i Gods" .- - - - - I - - 2ti_j - 0 .26..1. .....1381 .3 1 i-... -.- 1.382 f`. G4dmst 1 2 3 550 19 569 Glaris I S i 0 1{ 314 j- 0 i I 314 ` 0 5 491 -- - 0 491 ` Haminar i 0i 1 1 F 469 2! 4-71 I -348 __ 41ar42e 0 0. - 0 -... .N0. _- . _. .2 0 t- 0 { 881 1 I 882 .4 ..... 0 . 4 - - 5.253 46 5.299 , _ HIQdeMs i 2 j 2 _ 3 1.. . 1,6 _: 14_ i .... . 1876 ' 2 4_02 23570 3,875 27,445 Holm s - - . - . - - - � . - 0 i 0 - _ _ - 0 0 1... 965 �IMlarl R1@cr - - - - - - - - � � � 6 0 6 4,578 3 4581 IRC Daily Vaccinations—State Report 5000 4578 ! 45°0 4000 i 350° Vaccination 3000 2500 Trends — Indian 20� River County 15°° 2000 6eicemb r ;ff g a wf h '! 1 i Sao .-� ..__. - � Pi. E ° O ° Rres'Isien# Frankiiq De)anq Roos eve It y y Oti Off' O~ Oti O~ O~ O~ O~ Oti Ory O, Oti Oti m Daily o Cumulative �3-3 01/12/2021 11.A. • Our primary goal is getting vaccines in arms • Governor DeSantis, "If you're getting COVID-19 shots in arms, we want to make sure Vaccinations — you have the vaccines." Goals • Staff believes the more vaccines we get administered the more future doses could be allocated to IRC • The limiting factor is the number of vaccines available • Governor DeSantis last week, Florida COVID-zg is expected to receive 250,000 doses Vaccinations — this week (< 1.2% of population) Limited • State only knows how many vaccines quantities they will receive for next 7 days • Challenging to plan future vaccinations beyond a week 63 - 4 01/12/2021 11.A. • The limiting factor is the number of vaccines available "President-elect Joe Biden has grown frustrated with the team in charge of plotting his coronavirus response, amid rising concerns that his COVI D-19 administration will fall short of its promise of loo million vaccinations in the first loo days, according to people familiar with Vaccinations — the conversations." Limited POLITICO 1/11/2021 Quantities What this means.... Biden may fall short of campaign promise to deliver vaccines for 50 million Americans over next 31/z months. Based on population, this would be about 25,000 for IRC (about half our 65 and over population) • Several challenges with process to get an appointment • EOC Alerts announcing clinics • This week added phone option and COVID-19 time certain Vaccinations — -Time certain resulted in overloaded Challenges phones and software system • 2,000 appointments booked in 2 minutes for online and by 1-1:55 via phone 63 - 5 01/12/2021 11.A. • More vaccines administered -> more deliveries • Increase call center capacity COVID-1g • Evaluate software options Vaccinations — • Waitlist? Options • First in —first out • Lottery system • Asking Patience — 50,000 Age 65+ at 2,000/week • Our primary goal is getting vaccines in arms COVID-19 • Limited quantities of vaccines will be Vaccinations- our challenge Summary • Continue to make improvements to appointment process �3 - 6 COVID-sg Vaccinations Questions? Comments? Direction? 01/12/2021 11.A. 6'3 r aJ r� -i FI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator L DEPARTMENTAL FROM: Dan Russell, Information Technology Director SUBJECT: End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procurement Recommendation DATE: January 12, 2021 BACKGROUND: On October 22, 2020, the Indian River County (IRC) Board of County Commissioners (BoCC) network was the target of a cyber -attack. Fortunately, the IRC Information Technology (IT) Department staff discovered the attack in progress and were able to successfully mitigate the attack with no loss of data. The IRC BoCC staff did experience a limited, self-imposed, loss of certain technology services while a forensic investigation was conducted to ensure that any unauthorized access to the network was eradicated. Subsequent to completing the forensics investigation, the IRC IT staff examined the attack vectors that were deemed contributory to the attack and determined that the current end point protection (EPP) & anti-virus (AV) software should be upgraded to assist with detection and response to future cyber -attacks. ANALYSIS The EEP & AV software currently in use is signature based. This type of anti-virus software relies upon pre -distributed malware signatures to detect anomalous computing or network behavior. Signatures are updated on a recurring basis; however, the detection capabilities of this type of legacy software are limited to known malware attacks and do not provided protection against new or previously unknown malware attacks. Cyber criminals are constantly innovating the techniques used to conduct their attacks. Legacy AV software is inherently disadvantaged when it comes to detecting attacks for which signatures have yet to be developed. Next generation (Nextgen) EEP & AV software solves this dilemma via the additional of Extended Detection & Response (EDR) functionality. EDR is an integrated end point security solution that combines real-time continuous monitoring and collection of endpoint data with rules -based automated response and analysis capabilities to enable cyber security teams to quickly identify and respond to threats. The primary functions of an EDR security system are to: 1. Monitor and collect activity data from end points that could indicate a threat. 2. Analyze that data to identify threat patterns. 3. Automatically respond to identified threats to remove or contain them, and to notify cybersecurity personnel. 4. Provide forensics and analysis tools to search for/research suspicious activities. EDR tools work by monitoring endpoint and network events and recording the information in a central database where further analysis, detection, investigation, reporting, and alerting take place. A software agent installed on the host system provides the foundation for event monitoring and reporting. Most EDR tools address the "response" portion through sophisticated analytics that identify patterns and detect anomalies, such as rare processes, strange or unrecognized connections, or other risky activities flagged based on baseline comparisons. This process can be End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procuremept4 Recommendation b automated so that anomalies trigger alerts for immediate action or further investigation. Many endpoint detection and response tools also allow for manual or user -led analysis of data as well. New features and services are expanding EDR solutions' ability to detect and investigate threats. For example, third -party threat intelligence services increase the effectiveness of endpoint security solutions. Threat intelligence services provide an organization with a global pool of information on current threats and their characteristics. That collective intelligence helps increase an EDR's ability to identify exploits, especially multi -layered and zero -day attacks. Many EDR security vendors offer threat intelligence subscriptions as part of their endpoint security solution. Additionally, new investigative capabilities in some EDR solutions can leverage Al and machine learning to automate the steps in an investigative process. These new capabilities can learn an organization's baseline behaviors and use this information, along with a variety of other threat intelligence sources, to interpret findings. Another type of threat intelligence is the Adversarial Tactics, Techniques, and Common Knowledge (ATT&CK) project underway at MITRE, a nonprofit research group that works with the U.S. government. ATT&CK is a knowledgebase and framework built on the study of millions of real-world cyberattacks. ATT&CK categorizes cyberthreats by various factors, such as the tactics used to infiltrate an IT system, the type of system vulnerabilities exploited, the malware tools used; and the criminal groups associated with the attack. The focus of the work is on identifying patterns and characteristics that remain unchanged regardless of minor changes to an exploit. Details such as IP addresses, registry keys, and domain numbers can change frequently. But an attacker's methods— or "modus operandi" -usually remain the same. An EDR can use these common behaviors to identify threats that may have been altered in other ways. In preparation for making this recommendation, the IRC IT staff reviewed a number of EPP and EDR tools from various suppliers. The list software products considered for recommendation was reduced to the list below because these particular products each met all of the criteria of an EDR solution, as described above. 1. Sentinel One; 2. Carbon Black; 3. Crowdstrike; 4. GreyMatter; 5. Rapid7; 6. Secureworks Of the products reviewed the Sentinel One EPP & EDR product was deemed to best meet the County's requirements based on a combination of functionality and price. As previously noted, it is possible to automate the EDR system response to many, but not all, of the alerts generated by end points. The EDR system must be actively monitored to ensure that all alerts are responded to appropriately. The IRC IT staff considered three options for monitoring the EDR system. 1. Monitor the EDR system with IRC IT Staff 2. Managed Detection and Response (MDR) through a professional services supplier 3. MDR & prepaid.cyber Incident Response (IR) through a professional services supplier The options above are presented in order of risk reduction with option #1 carrying the most risk and option #3 the least. They are ordered in a good, better, best format. Option #1 - using the IRC IT staff to monitor the EDR system is the option that carries the most residual risk as the IRC IT staff is not staffed to provide 24 x 7 monitoring support and does not specialize in cyber incident detection and response. Option #2 - using an MDR service through a supplier reduces this risk by providing 24 x 7 monitoring and response provided by cyber security professionals that perform this function daily and as such are intimately familiar with current and evolving cyber -attack techniques. Option #3 - using an MDR supplier to perform monitoring & detection and prepaying for cyber incident response (IR) support has the added benefit of having a cyber incident response team available to support immediately upon detection of a cyber breach End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response ProcuremeA� Recommendation U rather than having to contract that support after detection. Cyber incident mitigation is a time critical activity and having IR support already in place provides the most risk reduction to the County. IRC IT staff has obtained quotes from multiple suppliers for the Sentinel One product without MDR, with MDR, and with MDR & prepaid IR. The tables below summarize the cost of each of these options from the 3 least expensive suppliers. In all cases the quotes are based on 750 end points; which includes all County managed servers, desktops and laptop computers. All quotes all include the option for one additional month of event data retention. The default event data retention supplied by Sentinel Labs is 14 days. The additional month is required to ensure that sufficient event data is available to conduct forensic analysis in the event that IRC experiences a cyber incident. Event data is overwritten on a first in first out basis. Without sufficient historical event data is it often not possible to complete a forensic investigation and to ensure that a cyber breach is completely eradicated. Table 1.0 — Option #1— End Point Protection (EPP) and Extended Detection & Response (EDR) Software Only— Monitoring Performed by IRC IT Staff on an 8 x 5 Basis Supplier Product Quantity Cost per end point (12 Months Extended Cost (12 Months) Total Extended Cost (12 Months) True Digital Sentinel One EPP+EDR; 14 -day retention 750 $40.55 $30,412.50 Additional 1 -month data retention 750 $12.40 $9,300.00 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $39,712.50 $50,122.50 SHI Sentinel One EPP+EDR; 14 -day retention 750 $44.76 $33,570.00 Compuquip Additional 1 -month data retention 750 $12.15 $9,112.50 Addition 1 -month data retention 750 $12.41 $9,307.50 $42,682.50 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 $46.26 $34,695.00 Additional 1 -month data retention 750 $12.55 $9,412.50 $44,107.50 Table 2.0 — Option #2 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response Supplier. Product Quantity Cost per end point (12 Months Extended Cost (12 Months) Total Extended Cost (12 Months) SHI Sentinel One EPP+EDR; 14 -day retention 750 $38.37 $28,777.50 Addition 1 -month data retention 750 $12.01 $9,007.50 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $50,122.50 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 $39.65 $29,737.50 Addition 1 -month data retention 750 $12.41 $9,307.50 End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procuremept- Recommendation ( Table 3.0 — Option #3 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response & Prepaid Incident Response (/R) Supplier Vigilance Respond 24x7 MDR 750 $17.00 $12,750.00 Total Y per end Cost (12 $51,795.00 point Months) Cost (12 True Digital Sentinel One EPP+EDR; 14 -day retention; Additional 1 -month data retention 750 $4,500. 00 $54,000.00 Months) True Digital 24x7 MDR 750 $0.00 True Digital Sentinel One EPP+EDR; 14 -day 750 $4,500.0 $54,000.00 $54,000.00 Table 3.0 — Option #3 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response & Prepaid Incident Response (/R) Supplier Product Quantit Cost Extended Total Y per end Cost (12 Extended point Months) Cost (12 (12 Months) Months True Digital Sentinel One EPP+EDR; 14 -day 750 $4,500.0 $54,000.00 retention; Additional 1 -month 0 data retention True Digital 247 MDR (1 year) 750 $0.00 True Digital 40 hours IR 1 $10,000.00 Consulting $64,000.00 SHI Sentinel One EPP+EDR; 14 -day 750 $35.62 $26,715.00 retention Addition 1 -month data retention 750 $11.32 $8,490.00 Vigilance Respond Pro247 750 $34.66 $25,995.00 MDR and incident response (up to 20 hours) Vigilance Respond 40 hours IR 1 $10,322.59 Consulting $71,522.59 Compuquip Sentinel One EPP+EDR; 14 -day 750 $36.82 $27,615.00 retention Addition 1 -month data retention 750 $11.70 $8,775.00 Vigilance Respond Pro247 750 $35.81 $26,857.00 MDR and incident response (up to 20 hours) Vigilance Respond 40 hours IR 1 $10,666.68 Consulting $73,913.68 Staff recommends SHI as the supplier for this work. Both SHI and Compuquip prepared their quotes using Sentinel Labs as the supplier for the MDR and IR services. Sentinel Labs is the company that produces the Sentinel One EEP & EDR software product. True Digital opted to End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procurement Recommendation 67 quote their own MDR & IR services. Staff believes that the depth and breadth of the technical talent present within the Sentinel Labs organization far exceeds that of the True Digital organization based on the differences in the market capitalizations of the two organizations and the resources available to each. SHI submitted the least expensive quote using Sentinel Labs as the supplier for MDR & IR services. The quotes submitted by each vendor are available for review in the IT Department. FUNDING The funding for Option #3 EPP, EDR, and IR in the amount of $71,522.59 will be provided by a budget amendment from IT Fund/Cash Forward October 1 st. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Option #3 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response & Prepaid Incident Response (IR). Staff further recommends the Board waive the requirement for bids for these services and authorize the Purchasing Division to issue a Purchase Order to SHI International Corp. in the amount of $71,522.59. Finally, Staff recommends the Board Authorize the County Administrator to execute any agreements necessary for these services after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENTS 1►I:T1T- DISTRIBUTION Kristin Daniels, Director Management and Budget End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procuremepl, Recommendation End Point Protection (EPP) / End Point Detection & Response (EDR) and Managed Detection & Response Procurement Recommendation Dan Russell Director, Information Technology January 12, 2021 1/12/2021 12.E.1. 01/12/2021 12.E.1. Background • On October 22, 2020, the Indian River County (IRC) Board of County Commissioners (BoCC) network was the target of a cyber -attack • Fortunately, the IRC Information Technology (IT) Department staff discovered the attack in progress and were able to successfully mitigate the attack with no adverse impacts to the IRC BoCC Network • We did experience a limited, self-imposed, loss of certain technology services while a forensic investigation was conducted to ensure that any unauthorized access to the network was eradicated • Subsequent to completing the forensics investigation, the IRC IT staff examined the attack vectors that were deemed contributory to the attack and determined that the current end point protection (EPP) & anti-virus (AV) software should be upgraded to assist with detection and response to future cyber -attacks 1/12/2021 12.E.1. 01/12/2021 12.E.1. Terminology • AV = Anti -Virus • Signature based malware detection software • EPP = End Point Protection • General term used to describe software products that are used to protect workstations and servers against cyber threats (e.g. anti-virus, host based firewall solutions, etc.) • EDR = Extended Detection &'Response • Software tools primarily focused on detecting and investigating suspicious activities (and traces of such) on hosts/endpoints • IR =Incident Response • A structured process used by organizations to detect and respond to cybersecurity incidents • MDR = Managed Detection & Response • An outsourced service that provides organizations with threat hunting services and responds to threats once they are discovered 1/12/2021 12.E.1. Current EPP & AV Solution 0 • The EEP & AV software currently in use is signature based • This type of anti-virus software relies upon pre -distributed malware signatures to detect anomalous computing or network behavior • Signatures are updated on a recurring basis; however, the detection capabilities of this type of legacy software are limited to known malware attacks and do not provided protection against new or previously unknown malware attacks • Cyber criminals are constantly innovating the techniques used to conduct their attacks • Legacy AV software is inherently disadvantaged when it comes to detecting attacks for which signatures have yet to be developed • Next generation (Nextgen) EEP & AV software solve this dilemma via the addition of Extended Detection & Response (EDR) functionality. 1/12/2021 12.E.1. 01/12/2021 12.E.1. ,s�wv—� � K What is Extended Detection and Response • EDR is an integrated end point security solution that combines real-time continuous monitoring and collection of endpoint data with rules -based automated response and analysis capabilities to enable cyber security teams to quickly identify and respond to threats. • The primary functions of an EDR security system are to: • Monitor and collect activity data from end points that could indicate a threat. • Analyze that data to identify threat patterns. • Automatically respond to identified threats to remove or contain them, and to notify cybersecurity personnel. • Provide forensics and analysis tools to search for/research suspicious activities. • It is possible to automate the EDR system response to many, but not all, of the alerts generated by end points. • To ensure that all alerts are responded to appropriately the EDR system must be actively monitored 1/12/2021 12.E.1. 0 EPP & EDR Upgrade Products Considered • IRC IT staff reviewed a number of EPP and EDR tools from various suppliers • The list software products considered for recommendation was reduced to the list below because these particular products each met all of the criteria of an EDR solution. 1. Sentinel One 2. Carbon Black 3. Crowdstrike 4. GreyMatter 5. Rapid? 6. Secureworks • Of the products reviewed the Sentinel One product was deemed to best meet the County's requirements based on a combination of functionality and price 1/12/2021 12.E.1. 01/12/2021 12.E.1. isManaged Detection & Response • As previously noted, it is possible to automate the EDR system response to many, but not all, of the alerts generated by end points • To ensure that all alerts are responded to appropriately the EDR system must be actively monitored • IRC IT staff considered three options for monitoring the EDR system. 1. Monitor the EDR system with IRC IT Staff 2. Managed Detection and Response (MDR) through a professional services supplier 3. MDR & prepaid cyber Incident Response (IR) through a professional services supplier • The options above are presented in order of risk reduction with option #1 carrying the most risk and option #3 the least • They are ordered in a good, better, best format 1/12/2021 12.E.1. W�+c K MDR Options • Option #1- using the IRC IT staff to monitor the EDR system is the option that carries the most residual risk as the IRC IT staff is not staffed to provide 24 x 7 monitoring support and does not specialize in cyber incident detection and response • Option #2 - using an MDR service through a supplier reduces this risk by providing 24 x 7 monitoring and response provided by cyber security professionals that perform this function daily and as such are intimately familiar with current and evolving cyber -attack techniques • Option #3 - using an MDR supplier to perform monitoring & detection and prepaying for cyber incident response (IR) support has the added benefit of having a cyber incident response team available to support immediately upon detection of a cyber breach rather than having to contract that support after detection. • Cyber incident mitigation is a time critical activity and having IR support already in place provides the most risk reduction to the County. 1/12/2021 12.E.1. �� ' 4 01/12/2021 12.E.1. 0 Option #1- Cost • Option #1— End Point Protection (EPP) and Extended Detection & Response (EDR) Software Only — Monitoring Performed by IRC IT Staff on an 8 x 5 Basis Product Quantity Cost per end point Extended Cost Total Extended (12 Months) (12 Months) Cost (12 Months) True Digital Sentinel One EPP+EDR; 14 -day retention 750 $40.55 $30,412.50 Additional 1 -month data retention 750 $12.40 $9,300.00 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $39,712.50 ;.'=':.z�..s:3*„ ..'.« :_ 1 iX+x xSa.-<.hI'':#.6'.��c6`:ID4"e'..•txr<-�,, .„.i'•. •s' -'�'�C mea!�tryp:;CF..S�• >,�'�-=='t.",'.b�1,Y� SHI Sentinel One EPP+EDR; 14 -day retention 750 $44.76 $33,570.00 Additional l -month data retention 750 $12.15 $9,112.50 F$42.6.2 Addition 1 -month data retention 750 $12.41 .50 rva��ra�rea,�bBin"na��ra+�W�im��a,.* Vigilance Respond 24x7 MDR 750 Compuquip Sentinel One EPP+EDR;'14-day retention 750 $46.26 $34,695.00 Additional l -month data retention 750 $12.55 1/12/2021 12.E.1. Supplier Product Quantity Cost per end point Extended Cost Total Extended (12 Months) (12 Months) Cost (12 Months) True Digital Sentinel One EPP+EDR; 14 -day retention 750 $40.55 $30,412.50 Additional 1 -month data retention 750 $12.40 $9,300.00 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $39,712.50 ;.'=':.z�..s:3*„ ..'.« :_ 1 iX+x xSa.-<.hI'':#.6'.��c6`:ID4"e'..•txr<-�,, .„.i'•. •s' -'�'�C mea!�tryp:;CF..S�• >,�'�-=='t.",'.b�1,Y� SHI Sentinel One EPP+EDR; 14 -day retention 750 $44.76 $33,570.00 Additional l -month data retention 750 $12.15 $9,112.50 F$42.6.2 Addition 1 -month data retention 750 $12.41 .50 rva��ra�rea,�bBin"na��ra+�W�im��a,.* Vigilance Respond 24x7 MDR 750 Compuquip Sentinel One EPP+EDR;'14-day retention 750 $46.26 $34,695.00 Additional l -month data retention 750 $12.55 $9,412.50 True Digital Sentinel One EPP+EDR; 14 -day retention; 750 Additional 1 -month data retention $4,500.00 $54,000.00 $44,107.50 W`hR K Option #2 - Cost • Option #2 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response Product Quantity Cost per Extended Cost Total Extended end point (12 Months) Cost (12 (12 Months) Months) SHI Sentinel One EPP+EDR; 14 -day retention 750 $38.37 $28,777.50 Addition 1 -month data retention 750 $12.01 $9,007.50 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $50,122.50 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 $39.65 $29,737.50 Addition 1 -month data retention 750 $12.41 $9,307.50 Vigilance Respond 24x7 MDR 750 $17.00 $12,750.00 $51,795.00 True Digital Sentinel One EPP+EDR; 14 -day retention; 750 Additional 1 -month data retention $4,500.00 $54,000.00 True Digital 24x7 MDR 750 $0.00 $54,000.00 1/12/2021 12.E.1. Supplier Product Quantity Cost per Extended Cost Total Extended end point (12 Months) Cost (12 (12 Months) Months) SHI Sentinel One EPP+EDR; 14 -day retention 750 $38.37 $28,777.50 Addition 1 -month data retention 750 $12.01 $9,007.50 Vigilance Respond 24x7 MDR 750 $16.45 $12,337.50 $50,122.50 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 $39.65 $29,737.50 Addition 1 -month data retention 750 $12.41 $9,307.50 Vigilance Respond 24x7 MDR 750 $17.00 $12,750.00 $51,795.00 True Digital Sentinel One EPP+EDR; 14 -day retention; 750 Additional 1 -month data retention $4,500.00 $54,000.00 True Digital 24x7 MDR 750 $0.00 $54,000.00 01/12/2021 12.E.1. wv Option #3 - Cost • Option #3 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response & Prepaid Incident Response (IR) Product Quantity Cost per end point (12 Months Extended Cost (12 Months) Total Extended Cost (12 Months True Digital Sentinel One EPP+EDR; 14 -day retention; Additional 1 -month data retention 750 $4,500.00 $54,000.00 True Di ital 24x7 MDR 1 ear 750 $0.00 True Digital 40 hours IR Consulting 1 $10,000.00 $64.000.00 SHI Sentinel One EPP+EDR; 14 -day retention 750 $35.82 $28,715.00 Addition 1 -month data retention 750 $11.32 $8,490.00 Vigilance Respond Pro24x7 MDR and incident response u to 20 hours 750 $34.66 $25,995.00 Vigilance Respond 40 hours IR Consulting 1 $10,322.59 $71 522.59 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 _ $36.82 $27,615.00 Addition 1 -month data retention 750 $11.70 $8775 Vigilance Respond Pro24x7 MDR and incident response u to 20 hours 750 $35.81 $26,857.00 1/12/ 1 $10,666.68 $73,913.68 Supplier Product Quantity Cost per end point (12 Months Extended Cost (12 Months) Total Extended Cost (12 Months True Digital Sentinel One EPP+EDR; 14 -day retention; Additional 1 -month data retention 750 $4,500.00 $54,000.00 True Di ital 24x7 MDR 1 ear 750 $0.00 True Digital 40 hours IR Consulting 1 $10,000.00 $64.000.00 SHI Sentinel One EPP+EDR; 14 -day retention 750 $35.82 $28,715.00 Addition 1 -month data retention 750 $11.32 $8,490.00 Vigilance Respond Pro24x7 MDR and incident response u to 20 hours 750 $34.66 $25,995.00 Vigilance Respond 40 hours IR Consulting 1 $10,322.59 $71 522.59 Compuquip Sentinel One EPP+EDR; 14 -day retention 750 _ $36.82 $27,615.00 Addition 1 -month data retention 750 $11.70 $8775 Vigilance Respond Pro24x7 MDR and incident response u to 20 hours 750 $35.81 $26,857.00 Vigilance Respond 40 hours IR Consulting 1 $10,666.68 $73,913.68 0 Additional Information • Both SHI and Compuquip prepared their quotes using Sentinel Labs as the supplier for the MDR and IR services • Sentinel Labs is the company that produces the Sentinel One EEP & EDR software product • True Digital opted to quote their own MDR & IR services • Staff believes that the depth and breadth of the technical talent present within the Sentinel Labs organization exceeds that of the True Digital organization based on the differences in the market capitalizations of the two organizations and the resources available to each • SHI submitted the least expensive quote using Sentinel Labs as the supplier for MDR & IR services. 1/12/2021 12.E.1. � ' 6 01/12/2021 12.E.1. 0 Funding and Recommendation s r• FUNDING: • The funding for Option #3 EPP, EDR, and IR in the amount of $71,522.59 will be provided by a budget amendment from IT Fund/Cash Forward October 1st. RECOMMENDATION: • Staff recommends that the Board of County Commissioners approve Option #3 — End Point Protection (EPP) and Extended Detection & Response (EDR) with 24 x 7 Managed Detection and Response & Prepaid Incident Response (IR) • Staff further recommends the Board waive the requirement for bids for these services and authorize the Purchasing Division to issue a Purchase Order to SHI International Corp. in the amount of $71,522.59 • Finally, Staff recommends the Board Authorize the County Administrator to execute any agreements necessary for these services after the County Attorney has approved them as to form and legal sufficiency 1/12/2021 12.E.1. 0 Backup 1/12/2021 12.E.1. i j: i { 1+ Vigilance Respond vs..Vigilance Respond Pro Zoxtor - 1 1/12/2021 12.E.1. 01/12/2021 12.E.1. a a ,;. Vigilance Respond vs. Vigilance Respond Pro (cont.) How'giiarICR MDR Works, , ;RESVONU I RESPCNO FRO :`.WHAT'S INCWOEDT .. .� EveryoN:iok itirwil4 r�.F,esed.ided uv?A: end daumaniM 'i 24x7 MDR: MlmPwioe wPuDAroes Pnieeive Notificdimu TMREAi RESPONSE ? thwrs��4 t tlfgw�* i Fmlr pM tr.ep^dattmJa puanM y SlA" - MAI( Ted/BluT}ed MhigAledlBlaehd M Anefr.+Rd Lel ett�-n ffia 1�1Pr3' needed - LFFuia- ]Moura �, Re•RPM Fm Fabenm Llcaer"tAfi �+++h++ wC RU &dei'stdn.iax erfiUbreatA'detimeieicn. hn . Yntmea%c 'f)tGtTlIL iOREMIC • Evll: ''eri Miniiriy.Lhr(%'mN�eniifinmc@-oomrrrwl'®ticrv'meMiFe re.e ANALYSIS TndEe ImieidgiwnI me,.wiy eiielyt2'eM oode'er+.Ac+iPn: melvous cud-d-obfNedecari _. Tried': Ctinxde f4=- end dynemk enetyeie' _ ........ * :� J y FrU- fretetn• hoiun (usealeYJ. - +�' ,�• ytt+,k+.*++*r+ a '- '4 O +`O'4 1 Dp1bn Aci- Cwa�mnemi, bedcef�on Repero�q + ; holo ceuram dngn oe nnNnr �OWRTERly t _� Conid-- patlinyfmp m-mdieirs e�MttcvnYe21K'.z�va SECURITY Rm- T!v-et]eCn,rrmdi 1/12/2021 12.E.1. I Dylan Reingold, County Attorney Wit Tarn K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney j3, A Attorney Matters - B.C.C. 01. 12.21 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 6, 2021 SUBJECT: 2021 Committees Vacancies ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of annual appointments and reappointments. Pursuant to this process, on November 17, 2020, the Board reappointed a significant number of incumbent committee members to another term. This agenda item is to consider appointment of new applicant(s) to committee vacancies. Committee vacancies have been advertised on the County's website, on Channel 27. There are qualified applicants to be considered for appointment to the various committees' vacancies. Some of the applications have been on file for a while and the County Attorney's office has confirmed with the applicants, that they are still interested in serving. The following are the names of the qualified applicants, whose resumes and applications are available for review in the Commissioners' Front Office area: Affordable Housing Advisory Committee (AHAC) — The current vacancies for the AHAC are as follows: 1. One (1) citizen who actively serves on the county's local planning agency (Planning and Zoning Commission). 2. One (1) citizen who is actively engaged in the residential home building industry in connection with affordable housing. 3. One (1) citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. 4. One (1) citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. 5. One (1) citizen who represents employers within the county. 6. One (1) citizen who represents essential services personnel, as defined in the local housing assistance plan. No Qualified Applicants C:1 UsersllegistarUppDatalLocallTempWCL TechnologiesleasyPDF 81 aBCL@3COECCA81@BCL@4COECCA8.docx 69 Agriculture Advisory Committee (AAC) — "Citrus Representative" • Walter Thomas Jerkins, Jr. Beach and Shore Preservation Advisory Committee (BSPAC) — "BCC Appointee" • Bob Auwaerter • Dr. Philip R. Glade • David L. Cox • Sven Frisell • Kelly Darmetko • Erica V. Ogilvie • Gary Randall • Anna Kirkland Children's Services Advisory Committee (CSAC) — "Member -At -Large" • Pat L. Blackburn • Susan Blaxill-Deal • Meredith Egan • Natalie Sanders • Linda Morgan Code Enforcement Board (CEB) — "Architect" • No Qualified Applicants Construction. Board of Adjustment. and Appeals (CBAA) — "Mechanical Contractor", "Plumbing Contractor", and "Architect:" • No Qualified Applicants Economic Development Council (EDC) — "Representative from Local Tourist Industry" • No Qualified Applicants Public Safety Coordinating Council (PSCC) — "Representatives from county and state jobs programs and other community groups who work with offenders and victims, appointed by the chairperson of the board of county commissioners to 4 -year terms" Also, attached is. a list of the current committee vacancies (note: several vacancies are designated positions — that is, the committee member must be an architect, engineer, etc. Applicants for designated positions who do not meet the required criteria have not been included on the attached list). RECOMMENDATION The County Attorney recommends that the Board review the applicants' resumes and applications, and determine whether which applicant to appoint for the various Committees. C:IU,,Ilegi,i,,L4ppDamlLocallTempDCL Technologic learyPDF81eBCL(n,JCOECCA8ICa�BCL©3COECCABdocc 70 ATTACHMENT 2021 Committee Vacancy List C.lUsersllegistarL4ppDamlLocaATempIBCLTechnologieclea PDF81a@ CL@3COECCA81 BCL@3COECCAB.do 71 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS (Terms expired in January 2021, unless noted as existing vacancy) • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Actively Serving on Local Planning Agency; or o Actively engaged in the residential home building industry in connection with affordable housing; or o Actively engaged .in the banking or mortgage banking industry in connection with affordable housing; or o Citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; or o Citizen who represents employers within the county; or o Citizen who represents essential services personnel, as defined in the local housing assistance plan. • AGRICULTURAL ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citrus Industry - (existing vacancy) • BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement. o BCC Appointee • CHILDREN SERVICES ADVISORY COMMITTEE 4 Year (Staggered) Terms — County Residency Requirement o Member -at -Large • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect - (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Architect o Mechanical Contractor - (existing vacancy) o Plumbing Contractor - (existing.vacancy) Updated 01.06 • ECONOMIC DEVELOPMENT COUNCIL — 4 year term, unless otherwise noted o Local Tourist Industry Representative o Representative Appointed by the BCC — Bruce Redus, resigned 12/23/2021 . (waiting the 30 day period to fill vacancy) • PLANNING & ZONING COMMISSION — 4 year terms, county residency requirement o BCC Appointee (District 5) • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) Updated 01.06fj 15 B,ro),. Indian River County Solid Waste Disposal District Board .Memorandum Date: December 21, 2020 To: Jason E. Brown, County Administrator Through: Vincent Burke, PE, Director of Utility Services From: Himanshu Mehta, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Ron T. Jones, BSCE, Assistant Managing Director, SWDD Subject: Final Pay for Bid 2020027 — Old Dixie Highway -Landfill Wetland Mitigation Site Perimeter Fencing Descriptions and Conditions: On August 18, 2020, the Indian River County (IRC) Solid Waste Disposal District Board (SWDD) ratified the award of Bid 2020027 to KMG Fencing, LLC (KMG), of Apopka, Florida, as the lowest, responsible, and responsive bidder for this project. The bid award was for $53,106.46. The scope of the project was the removal of existing hurricane damaged and collapsed fencing, and installation of 3,065 linear feet (LF) of new fencing, which includes two (2) equipment gates and one (1) personnel -gate. The project is located at the intersections of 22ND Street SE and Old Dixie Highway SE to the north, and 23RD Street SE and Old Dixie Highway SE to the south. A Notice to Proceed was issued to KMG on September 1, 2020, and the project was completed on December 12, 2020. During the course of the project, it was determined that a portion of the existing county fence was on .private property. With the help of the Indian River County Surveying Division, the new county fence was placed on county property. However, additional fill and stabilization work was performed to ensure that the new fence would not be compromised and to ease future maintenance along the.fence line. Related to KMG, a change order was needed to install an additional equipment gate to allow for future maintenance in this area. The purpose of this agenda is to approve change order #1 and the final pay to KMG Fence, LLC. Analysis: KMG has successfully completed the scope of work including the installation of the additional gate. The change order is $2,800. Staff recommends approval of Change Order #1 for $2,800, and for the approval of a total final payment to KMG of $13,421.29, which includes the change order amount. 74 Funding: This is a lump sum project with the scope and total cost as shown in the table below. Scope of Work Unit Price Unit Type Amount PHASE 1 Remove 3,065 linear feet (If) of hurricane -damaged $13,421.29 fence, existing gates, rails, posts and barbed wire. Lump Sum Linear Feet $53,106:46 PHASE 2 Install 3,065 If of new fence, 2 equipment gates and 1 personnel gate Change Order #1 Lump $ 2,800.00 Sum Total Amount $55,906.46 Funding for the SWDD Old Dixie Highway -Landfill Wetland Mitigation Site Perimeter Fencing is available in the SWDD capital improvement account, which is funded from SWDD assessments and user fees. Description I Account Number Amount Capital Outlay — Other Equipment (Fencing) 1 411-166002 $13,421.29 The backup for the funding is on file with the Indian River County Department of Utility Services (IRCDUS). Recommendation: Staff recommends the Solid Waste Disposal District Board consider the following: 1. Approve Change Order #1 to KMG Fencing, LLC, of Apopka, Florida, for an additional gate for $2,800; and final payment of $13,421.29; and 2. Approve and authorize the Chairman to sign Change Order #1. Attachment: 1. Change Order #1 2. Final Pay Invoice 75 CHANGE ORDER No. 001 PROJECT: Old Dixie Hwy — Landfill Wetland DATE OF ISSUANCE 11/18/20 EFFECTIVE DATE 11/18/20 OWNER: Indian River County - SWDD OWNER'S Contract/Bid No. 2020027 CONTRACTOR: KMG Fence, LLC ENGINEER: Ronnie T. Jones, BSCE SWDD You are directed to make the following changes in the Contract Documents: Description: Per proposal dated 11/18/2020 from KMG Fence, LLC: Fabricate & Install 6X18 Double gate; Install 4' Man Gate at SW location; Reinstall removed residential fence; Materials and labor incl. Reason for change order: 6x18 Double Gate required for equipment access on North side of site. The Man Gate to be moved from Northside location to new South West location for personnel access to site. Residential fence sections were removed for temporary equipment access as indicated in Temporary Easement Agreement and must be reinstalled. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original. Contract Price Original Contract Times 60 Days $ 53,106.46 Substantial Completion: 45 days Ready for final payment: 60 days TE N1 C E LLC INVOICE BILL TO INDIAN RIVER COUNTY LANDFILL 1325 74TH AVE SW VERO BEACH, FL 32968 JOB NAME OLD DIXIE HWY LANDFILL INVOICE # 9204 DATE 12/08/2020 TERMS UPON RECEIPT ACTIVITY DESCRIPTION QTY RATE AMOUNT COMMERCIAL REMAINING BALANCE 1 10,621.29 10,621.29 CHANGE CHANGE ORDER #1 ORDER 2,800.00 2,800.00 ------------------------------------------------------------------------------ -------------------------------------------------------------- � BALANCE DUE $13,421.29 77