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HomeMy WebLinkAbout02/16/2021ORS% BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 16, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, 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 2.11. INVOCATION Reverend Scott Alexander, United Universalist Fellowship 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA February 16, 2021 Page 1 of 5 8.A. Request for Release of an Easement Located at 11425 Old Dixie Highway Attachments: Staff Report Aerial Map with Conservation Easement Recorded Conservation Easement Proposed Resolution Releasing Easement 8.B. Award of Bid 2021021 for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling Attachments: Staff Report Sample Agreement 8.C. Modification to Purchase of Enviro-Blocks from Inter -Block . Retaining Systems, Inc. Attachments: Staff Report Proposal from Inter -Block Retaining Systems, Inc. 8.D. Renewal of Lease Agreement 2601 51st .Avenue, Vero Beach, FL 32966 Tenants: Nick Pappas and Ember Pappas Attachments: Staff Report Renewal of Lease Agreement 8.E. Work Order No. 6, Ecological Associates, Inc. Habitat Conservation Plan Sea Turtle Monitoring North and South County Attachments: Staff Report HCP Sea Turtle Monitoring Proposal Agreement Execution 8.F. Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 201800679, Immediate Post -Construction Environmental Monitoring Attachments: Staff Report APTIM Work Order No. 2018006-9 WO No. 2018006-9 Agreement Execution 8.G. Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.. 2018029-8, Year 1 Post -Construction Environmental Monitoring Attachments: Staff Report APTIM Work Order No. 2018006-9 Agreement Execution 8.H. South County Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Delays Attachments: Staff Report Kimley-Horn Letter February 16, 2021 Page 2 of 5 8.I. Roseland Road Sewer Expansion Cost Share Agreement between Indian River County and City of Sebastian Attachments: Staff Report Cost Share Agreement Force Main Extension Map Estimated Cost Allocation 8.J. Ocean Concrete and George Maib v. Indian River County Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Applications for Citizen Member to the Value Adjustment Board Attachments: Staff Memorandum Application Wykoff Resume Wykoff Application Mucher Resume Mucher Resignation of Joseph Leo George 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Update Regarding COVID-19 Vaccinations Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.FA. 2021/2022 Budget Workshop/Hearing Schedule Attachments: Staff Report February 16, 2021 Page 3 of 5 G. Public Works 12.G.1. Indian River County Courthouse Renovations Project (IRC -1728) Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 Change Order No. 1 12.G.2. Presentation Regarding Indian River County Welcome Signs, IRC -1816 Attachments: Staff Report H. Utilities Services 12.11.1. TV Truck Buyback Option with Envirosight Attachments: Staff Report 12.11.2. Utility Accounts Receivable Bad Debt Attachments: Staff Report Attachment 1 Draft Notice of Future Charges Attachment 2 Proposed Code Modifications Attachment 3 October 20 2020 Agenda Item Attachment 4 Minutes to the October 20 2020 Agenda Item 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.B.1. Resolution in support of the Legislature funding Florida Forever Attachments: Commissioner's Memorandum Proposed Resolution 14.11.2. Proposed Ordinance to prohibit the sale and distribution of tobacco products to persons under 21 years of age Attachments: Commissioner's Memo COVB Tobacco Ordinance 2020-11 Florida Local Retail Tobacco Licensing Ordinance C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS February 16, 2021 Page 4 of 5 A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Fifteenth Amendment to Republic Services Attachments: Staff Report SCS Field Services Proposal Fifteenth Amendment to Republic Services C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc,aov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. February 16, 2021 Page 5 of 5 � I► INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director THROUGH: Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 2/2/2021 RE: Request for Release of an Easement Located at 11425 Old Dixie Highway It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of February 16, 2021. DESCRIPTION AND CONDITIONS The County has been petitioned by Spirit of Sebastian, LLC, owner of a property located at 11425 Old Dixie Highway, for release of a f.62 acre conservation easement. The purpose of the easement release is to accommodate site improvements related to a planned residential development with approval through the City of Sebastian. ANALYSIS In 1996, the subject f.62 acre conservation easement was recorded as part of a County site plan approval requirement for a proposed mining operation onsite. At that time, the subject property was located within the unincorporated area of Indian River County. Since then, the mining operation has ended and the property has been annexed into the City of Sebastian. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve release of the conservation easement described in the proposed resolution. Attachments: 1. Aerial Map with Conservation Easement 2. Recorded Conservation Easement 3. Proposed Resolution Releasing Easement 1 A - ," ' `$ ^ti�� YL i* tom' ` ..t'�•.1 Vis` _ As jj A � p �Y � :•� � � 4 �~11 k ' -5 a .` .[ ►S� _ is % V. ; t �► i 5�,. ,��� gjy y�_,a�d..i.4�, rit, k - i� •►i�+''^'..S.ra �~ •�I�.� ct• til► t �'f� iY�y r}s,.{:t, ri• U w s. 'S: � � , .i �`{��.,'� �T ~ .. s _ _ i O! � .-� �'4 J`!' f -r. � O �y .-'Aiy1h � � O 6 t ��' j Q� ���`1 ♦ � 1:.�:. /� . a �� �� .. it 1 M' ii � « : >„L< . l �7r+•. l .'� O r ? 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"•. w+ ,tE ��A +.I J i,° HO t Z 5� t. mm a j yl f 7e i �y a .. ,, W S i 1 4 X�yE1��,is' /—Z, !- L I O-2> j t_'?=i .i.r'Y til' n�n1 ��. 1•-`I, ,'_� ;T _► G!itl� --s" 1 �u �Rtir1- Z F' — } ►K f %ry -� 3 (— 1 i�' a� — Y 4r ' ! O`'' ! • ' ��r1 ��)b ��'1ji . M F Q € S / (';4'0 r ,; �LIa'M02i8WIMS�+-Ir-�'-_f�4' c f: iOf �Z�NN� * „RA _iW E-Z'�'"1.,%:Y� '�.n O11w'AL - 1c 1 L. s •' x al X►t.. rYr .t. i U >i---�� Z •�� ��� � ;3. �9 i s . y :��' I` . ,� Q< � s•L 4, � 1.�1 - 1 kA. „!, r��., RMUM TO: f> COUNTY ATT0Ri-1i:Y" 1840 25'.!, ,; ET fNrrIERECORDS OF: JEFFREY K SARTON VERO CLERK CIRCURCOURT INDIMt RNWA CO., PLA. CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT, made and executed this day of March, 1998, byATLANTIC COAST ENTERPRISES, INC., a Florida corporation, whose mailing address is P.O. Box C� 780213, Sebastian, Florida 32978, hereinafter called Grantor, to INDIAN RIVER COUNTY, a political %D subdivision of the State of Florida, whose mailing address Is 1840 25th Street, Vero Beach, Florida 32960, W hereinafter called Grantee, .... WITNESSETH: N WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, which Is currently undergoing development; and WHEREAS, Grantor finds that it Is appropriate to retain certain land or water areas on Grantor's property In their natural, sconk, open. or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of:sites or properties of historical, architectural, archeological, or cultural significance; and WHEREAS, the establishment of a conservation easement is required by Indian River County m Comprehensive Plan Conservation Element, Policy 5.1(h) to overlay all preserved, created. or enhanced wetlands or deep water habitats (and upland buffers, as applicable) associated with development site v mitigation; and ro 0 WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation -� Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory. and ground cover: w NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable N ca consideration In hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit'A to Grantee which conservation easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and offect. enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: 1, constructing or placing of buildings, roads, signs, billboards or other advertising, utilities. or other structures on or above the ground; 2. dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; 3. removal or destruction of trees, shrubs, or other vegetation; 4. excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance 0 in such manner as to affect the surface; S. surface use except for purposes that permit the land or water area to remain predominantly in its natural condition; c� 6. activities detrimental to drainage, flood control, water conservation, erosion. control, soil N conservation, or fish and vdldPde habitat presorvation; v 7. acts or uses detrimental to the retention of land or water areas; and 8. acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of Historical, archeological, architectural, or cultural significance. DOCUMENTARY STAMPS DEED S.719 NOTE $ J1 I RFv K. RAQT^N, N ERK If,AA!, Hi'Ah l:Utltif y NoWthstending any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall nottransfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property In a safe condition. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate..This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any. other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land In fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this �_ day of March, 1996. Toned in the presence of: Print Nam Bruce Barkett Print NameRrenda L. Horne STATE OF FLORIDA COUNTY OF INDIAN RIVER ATLANTIC COAST ENTERPRISES, INC. By�%�CLu��<G°fs�t Richard Brown, President The foregoing instrument was acknowledged before me this 1 I day of March. 1996. by Richard Brown, the President of Atlantic Coast Enterprises, Inc., a Florida corporation, on behalf of and as the act and deed of said corporation. He is personally known to me or produced Florida. driver's license as identification. --------------- DRENDAILHOW #Mwy PJAc4 are or Rocha MyCa Welan 6piM OCT 23.1997 THIS INSTRUMENT PREPARED BY: Bruce Barkett Esq. Coins, Brown, Caldwell, Barkett, Rossway. Garavagia & Moore. Chartered 756 Beachland Boulevard Vero Beach, Florida 32963 Notary Public, State of Florida at Large. My Commission expires: �D Nc' .1a N MY c 1.1997 G1 EXHIBIT "A" DESCRIPTION OF UPLAND PRESERVATION PARCEL The South 40.00 feet of the West 679.00 feet of the NW 1/4 of the SE 1/4 of Section 7, Township 31 South, Range 39 East, Indian River County, Florida. MIsc2%11chBrwn%1xh'A' Cn c:) cn N tT -.J W RESOLUTION NO. 2021 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT LOCATED AT 11425 OLD DIXIE HIGHWAY WHEREAS, Indian River County has an interest in a conservation easement located at 11425 Old Dixie Highway; and WHEREAS, Spirit of Sebastian, LLC, the owner of the property, has made application to Indian River County requesting that the County release the easement; and WHEREAS, the retention of the easement, or portion thereof, as described below, serves no current public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement: The south 40.00 feet of the west 679.00 feet of the NW '/< of the SE X of Section 7, Township 31 South, Range 39 East, Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2021, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman declared the resolution duly passed and adopted this day of , 2021 LI -M BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 6 RESOLUTION NO. 2021 - APPROVED AS TO LEGAL FORM: County Attorney Cc: Applicant INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 1, 2021 TO: BOARD.OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2021021 for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling BACKGROUND: On behalf of the Department of Utility Services, competitive sealed bids were solicited for the operation of the Biosolids Dewatering Facility located at the County Landfill located at 1350 74th Ave. SW, Vero Beach.. The facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles. The Contractor will operate the Biosolids Dewatering Facility and haul sludge from the three County owned wastewater treatment facilities to the Biosolids Dewatering Facility. The Contractor will also be responsible for dewatering the sludge and disposing of it in the County Landfill. The current agreement for these services was awarded to Synagro South, LLC on March 1, 2016, and is set to expire on February 28, 2021. The term of the new agreement is one year, with four additional one- year extensions available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: December 19, 2020 January 26, 2021 452 Subscribers 13 Vendors 3 Vendors Firm Location Annual Price for Hauling Annual Price for Processing/Dewatering Total Annual Bid Price Synagro South, LLC Baltimore, MD $390,600 $537,500 $928,100 Merrell Bros., Inc. Kokomo, IN $345,200 $993,750 $1,338,950 Meeks Plumbing, Inc. Vero Beach $275,900 No Bid N/A ANALYSIS: The bid submitted by Meeks Plumbing was determined to be non-responsive, as pricing was submitted for only the hauling portion of the work, with the treatment and disposal portion omitted. The bid specifications indicated award would be to a single contractor. The Department of Utilities Services has determined Synagro South, LLC to be the lowest, responsive and responsible bidder. SOURCE OF FUNDS: To date and estimated costs are shown in the table below. 'Service Current. Proposed Change Actual costs Est. Cost Est. Cost Est. Annual FY20/21 Rate Rate Oct -Dec 20 Jan -Feb Mar -Sep Total Budget Hauling $0.0283 $0.0279 _1.4% $100,538 $67,025 $234,589 $402,152 $486,000 /gal /gal Processing/ $210 $215 /dry o +2/ $90,782 $60,521 $211,825 $363,128 $382,000 Dewatering /dry ton ton Funding will come from the Utilities operating funds, which are derived from water and sewer sales. Hauling from the Wastewater Treatment Plants will come from the Utilities Operating Fund/Wastewater Treatment/Sludge Removal (47121836-044730) account, and processing and dewatering costs will be paid from the Utilities Operating Fund/Sludge/Other Professional Services (47125736-033190) account. RECOMMENDATION: Staff recommends the Board award Bid 2021021 to Synagro South, LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required public construction bond and insurance and after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample Agreement 9 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of. Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Synagro South, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling Bid Number: 2021021 Project Addresses: Biosolids Dewatering Facility 1350 74th Ave. SW Central Regional WWTF 3550 49th Street South Regional WWTF 2500 6th Ave SW West Regional WWTF 8405 8th Street ARTICLE 3 - CONTRACT TIMES Initial term of agreement will be from March 1, 2021 through February 28, 2022, with four (4) additional one-year extensions available subject to vendor acceptance, satisfactory performance and staff's determination that a renewal would be in the best interest of.the County. 10 ARTICLE 4 - CONTRACT PRICE The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Agreement, based on the items of work set forth in the CONTRACTOR'S Bid Form. The CONTRACTOR'S price at the time of delivery of goods and services will be the price set forth on the Bid Form. The CONTRACTOR, by January 1 of each year, shall notify Indian River County in writing of any proposed price schedule changes with justification for each change. Indian River County will either.accept the proposed changes or decline to accept the price changes within thirty (30) days and ask for negotiation. ARTICLE 5 - PAYMENT PROCEDURES Payments: OWNER shall make payments on account at the Contract Price on the basis of CONTRACTOR's Invoices for Payment at intervals not less than once each month during performance of the Work. In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Agreement. CLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction .to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and 11 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2021021; (6) Addenda (numbers 1 to 4 inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond;: (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; 12 (15) Notice to Proceed (16)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 . Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 13 (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic 14 receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 15 D. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §.180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by. OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States; or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 16 (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (S) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; 17 (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 19 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Rich Meckes Title: Wastewater Plant Superintendent Address: 4350 41St Street, Vero Beach, FL 32967 Phone: 772-226-3413 Email: rmeckes@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 20 Exhibit 1 to the Agreement — Pricing 21 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 9, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Modification to Purchase of Enviro-Blocks from Inter -Block Retaining Systems, Inc. BACKGROUND: On June 9, 2020, the SWDD Board waived the requirement for bids for the purchase and installation of Inter -Block Retaining Systems, Inc. (Inter -Block's) Enviro-Blocks to create storage bays for a new facility for the transfer of corrugated cardboard. The total cost was $246,165. Site work in preparation for the installation of the blocks is nearly complete. ANALYSIS: Since the Board's original approval, the price of steel angle iron used in the stabilization of the blocks as they are installed has increased, and therefore the vendor has requested an increase of $6,840 (from $57 per foot to $79.80 per foot). Because site work was not completed as quickly as anticipated, staff finds this request justified. Four additional 3 -cross beam blocks have been added to the project, at a total cost of $6,380, to provide flexibility in installing additional perpendicular walls to segregate additional materials (i.e., tires, white goods) in the future. Finally, at staff's request, Inter -Block has agreed to provide the labor and equipment to construct a rock and geogrid base ramp for access into the facility, utilizing materials already available on site. This work adds $2,200 to the overall project. SOURCE OF FUNDS: Funding for the additional work in the amount of $15,420 is budgeted and available in the capital funds allocated for Fiscal Year 20/21 in the SWDD/Other Improvements account, which is funded from SWDD assessments and user fees. Account Name Account Number Amount SWDD/Other Improvements 411-164051 $15,420 RECOMMENDATION: Staff recommends that its Board approve the additional work and the estimate from Inter -Block Retaining Systems, and authorize the Purchasing Manager to encumber the additional $15,420 via purchase order. Attachment: Proposal from Inter -Block Retaining Systems, Inc. 22 Inter -Block Retaining Systems Inc. PO Box 2992 Valley Center, CA 92082 US 760-751-0231 jmace@inter-block.com www.inier-block.com Indian River County Solid Waste Indian River County Finance Department County Admin Building 1801 27th Street, Bldg A Vero Beach, FL 32960 ESTIMATE # DATE 21-1414 02/03/2021 SHIP DATE 08/11/2020 SHIP VIA Best Way Estimate Indian River County Solid Waste Facility 1325 74th Ave. Vero Beach, FL 32968 SALES REP JM DATE ACTIVITY QTY RATE I AMOUNT ***Per approved plan dated May 18, 2020*** Block - Cross Beam:2 CBF 4 1,595.00 6,380.00 3 -CROSS BEAM FLAT ENVIRO-BLOCK UNIT (furnished to site) Miscellaneous 300 22.80 6,840.00 300' long 8"x8" x 1/2" angle iron furnished/installed with 8"x1/2" concrete anchor bolts. (40% Steel market price increase) Miscellaneous 1 2,200.00 2,200.00 Furnish supervision, equipment, operator and labor to install loader ramp backfill & geogrid integrally with block installation, per plans & specs. Fill rock & geodrid supplied by County. *****Tax Exempt Certificate EIN # 0.00 Required***** This quote is valid for 30 days. TOTAL$15,420.00 G' A AO.00 Accepted By Accepted Date 23 Please note that all accepted quotes will be under payment terms of Net 30 unless otherwise noted and agreed upon by both parties. l y INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist. SUBJECT: Renewal of Lease Agreement 26015 I't Avenue, Vero Beach, FL 32966 Tenants: Nick Pappas and Ember Pappas DATE: February 2, 2021 DESCRIPTION AND CONDITIONS The County purchased the 0.27 acre parcel located at 260151St Avenue, Vero Beach, FL from Theodore Bartosiewicz on January 21, 2020. The purchase is an advanced acquisition of Right -of -Way for the 26th Street project. The County assumed the lease with tenants, Nick & Ember Pappas. The current lease agreement expires on March 1, 2021. They are currently paying $600.00 per month for rent. Mr. and Mrs. Pappas continue to have difficulty finding an affordable apartment to rent during the pandemic. The 26th Street project currently does not have a commencement date. Staff would like to extend the lease agreement for (6) six months terminating on September 1, 2021. The Pappas' have obtained renters insurance through Progressive Insurance. FUNDING Lease payments received overthe six month period totaling $3,600.00 will be deposited intothe General Fund/Rents & Royalties account 001038-362010. RECOMMENDATION Staff recommends the Board approve the Renewal of Lease Agreement for the property located at 26015 1 " Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the Renewal of Lease Agreement on behalf of the Board. ATTACHMENTS Renewal of Lease Agreement APPROVED AGENDA ITEM FOR: February 16, 2021 24 RENEWAL OF LEASE AGREEMENT This lease renewal entered into this day of , 2021, by the Board of County Commissioners of Indian River County, Florida, "Landlord" and Nick Pappas & Ember Pappas "Tenant do hereby agree to renew the Lease Agreement dated March 17th, 2020. The renewal term of the lease is for (6) six months. The term commences on March 1, 2021 and terminates on September 1, 202.1. The total rent of ($3,600.00) Three Thousand Six Hundred Dollars is payable at the rate of $600.00 per month payable in advance. IN WITNESS WHEREOF, Landlord and Tenant have executed this renewal agreement to Lease effective the Commencement Date of March 1, 2021. Landlord: Board of County Commissioners of Indian River County, Florida 0 Susan Adams, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller 0 Deputy Clerk Approved as to Form and Legal Sufficiency 0 William K. DeBraal Deputy County Attorney Tenant: (Signature) Nick Pappas Date (Signature) Ember Pappas Date Witness: (Signature) Date 25 INDIAN RIVER COUNTY, FLORIDA g BOARD MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Work Order No. 6 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: February 2, 2021 BACKGROUND AND DESCRIPTION On October 10, 2017 the Indian River County Board of County Commissioners (Board) approved a continuing services contract with Ecological Associates Inc., (EAI) for environmental and biological support services for a two year term, through October 10, 2019. On October 15, 2019 the Board approved a renewal of the continuing services contract with EAI for environmental and biological support services for another two year term, through October 15, 2021. EAI is the selected consultant for professional environmental services related to the County's Habitat Conservation Plan for Nesting Sea Turtles (HCP). The HCP requires the County to coordinate continuous sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31.. The proposed Work Order No. 6 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 7 miles of intermittent shoreline from FDEP R17 to R20 and R86 to the Indian River/St. Lucie County Line. These 7 miles represent the portions of Indian River County's beaches that are not currently under permit required monitoring, related to a nourishment project. Sea turtle monitoring is required under the County's HCP to maintain compliance with the County's permits. To minimize monitoring costs, approved County Staff will conduct survey three times per week throughout the nesting season, leaving this work order to cover the remaining 4 days/week. Work Order No. 6 services will be performed by the consultant at a fixed rate cost not to exceed $58,252.25 for sea turtle monitoring and reporting. 26 Page 2 BCC Agenda Item for February 16, 2021 HCP Sea Turtle Nest Monitoring FUNDING Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund. Funding for Work Order No. 6, in the amount of $58,252.25 is budgeted and available in Other Professional Services Account No. 12814472-033190-99007. Account Name Account No. Amount Other Professional Services 12814472-033190-99007 $58,252.25 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 6 to the contract with Ecological Associates, Inc. in the amount of $58,252.25, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT 2021 EAI WO#6_IRC HCP Sea Turtle Monitoring Proposal 2021 EAI WO#6_Agreement Execution APPROVED AGENDA ITEM FOR: February 16, 2021 27 Mr. Quintin Bergman Indian River County Public Works 180127 th Street Vero Beach, Florida 32960 Dear Mr. Bergman: 4_ri E A I 0ECOLOGICAL ASSOCIATES, INC. February 2, 2021 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed October 1.5, 2019. The new task is for sea turtle monitoring along approximately seven miles of beach in support of the County's Habitat Conservation Plan during the 2021 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 6.3 -mile southern section (R-86 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2021 and will continue uninterrupted through September 30, 2021. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. RIM Ecological Associates, Inc. — Cost Proposal and Scope of Work Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff either on foot or using ATVs (Indian River County staff have agreed to perform the nesting surveys three days per week through September 30 in the southern survey area and then one day per week thereafter). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will. be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). 29 Ecological Associates, Inc. — Cost Proposal and Scope of Work Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 190 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 60 total nests requiring protection). Task 5: Reporting EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SLABS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. Task 6: Data QA/QC Coordination EAI staff will provide initial QA/QC to County staff at the beginning of the nesting season and follow-up QA/QC throughout the nesting season. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any, questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, /VJ4_ &#A� Niki Desjardin 30 Ecological Associates, Inc. — Cost Proposal and Scope of Work Director of Operations c: Stan DeForest/President 31 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — February 2, 2021 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2021 (Project No. 21-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 180127 1h Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email: gbergmankirc o PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately seven miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated February 2, 2021. PROJECT DURATION: March 2021 —December 2021. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task North HCP Area - Task Description Cost la Project management $1,080.00 2a Sea turtle monitoring and data management 240 days) $14,096.25 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 40 nests at $62.20/nest $2,488.00 4a Nest protection not to exceed 10 nests $250.00 .5a Reporting $924.00 Task South HCP Area - Task Description Cost lb Project management $1,620.00 2b Sea turtle monitoring (1.39 days) and data management 240 days) $24,526.25 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 150 nests at $62.20/nest $9,330.00 4b Nest protection not to exceed 50 nests $1,250.00 5b Reporting $924.00 6 Data QA/QC Coordination $1,763.75 TOTAL not to exceed $58,252.25 TERMS: All terms and conditions related to this Scope of Work will be governed under 32 Ecological Associates, Inc. — Cost Proposal and Scope of Work EAI's Continuing Contract Agreement for Environmental and Biological Support Services renewed on October 15, 2019. 33 kn N N N 00 GO) IMI IT M O O (V O O O O O \O 00 O 4 N 00 Q\ 00 kf) N O O O •d• N C1 � M N C, t - � 69 69 69 69 69 N 69 69 69 69 69 69 O O vi 0 0 cC O N M 0 00 6 4 6 6 C o0 O\ O N \O kn \0 O \O O r+ M N O 69 69 6S 69 69 69 69 6A 6A N O O O O O O O O O O O O O O O O O O O O 00 kn M = a0 to 00 kn N M a0 O O O N a� O O O O O O O O O 69 69 69 64 69 69 69 69 69 M 00 O �n 00 O O M ti N o c vi M N 00 O N O C U E bA F (y. 69 bA 69 v Qr a� •ti o •� v zs o y o �, U. 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O C C '•A cz � U U � fV a•+ U `� �+ � o O y 0 y K K O� •O O C N n o � a+ R3 •U Q � O cl U o U Q a Y H � �, a •r a O "� O a+ y 7 a+ ti O G � a � zwz Q 0 z R kn N N N 00 GO) IMI IT M WORK ORDER NUMBER 6 PROJECT NAME: HCP Sea Turtle Monitoring 2021— North and South County This Work Order Number 6 is entered into as of this day of 11 pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Service, dated October 10th, 2017 and renewed on October 15, 2019 for 2 years, referred to as the ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Service will be performed by the Consultant at a fixed rate not to exceed $58,252.25. The Consultant will perform the Environmental and Biological Support Service within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provision set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as iffully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Ecological Associates, Inc. By: Title: By: Joseph E Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 35 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-9, Immediate Post -Construction Environmental Monitoring DATE: February 3, 2021 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. area sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. Construction of the Sector 3 Beach and Dune Restoration project was split out into 2 phases, with construction of Phase 1 currently underway and representing approximately 3.6 miles in the northern portion of the project area. Phase 1 is anticipated to be completed by April 30, 2021. Phase 2 will be the remainder of the project and is anticipated to be constructed in the winter of 2021/2022. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Beach and Dune Restoration Project, post -construction sea turtle and shorebird nest monitoring is required. Beach restoration permits require additional monitoring and reporting when compared to the County's Habitat Conservation Plan (HCP) monitoring requirements. Post -construction monitoring also includes the biological monitoring of the nearshore hardbottom. resources adjacent to the project area. This permit required post - construction hardbottom monitoring is not a part of the routine semi-annual physical surveys or HCP monitoring. 36 Due to the phased approach the County is taking with the Sector 3 Project, post -construction sea turtle and shorebird monitoring is only required for the areas that receive sand (Phase 1). However, construction related hardbottom monitoring is required for the entire length of Sector 3 (post -construction for Phase 1 and pre -construction for Phase 2). The proposed Work Order No. 2018006-9, in the amount of $318,818.51, provides professional services for permit required construction related environmental monitoring for Phase 1 and Phase 2 which includes: • Immediate Post -Construction Biological Monitoring of Nearshore Hardbottom for Phase 1 and pre -construction Biological Monitoring of Nearshore Hardbottom for the anticipated Phase 2 (Task 1) • Immediate Post -Construction Monitoring of Sea Turtle and Shorebird Nesting for Phase 1 (Task 2) All subsequent annual post construction environmental monitoring of the Sector 3, Phase 1 and Phase 2 Project areas will be addressed through future work orders. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue, FEMA project worksheets and a FDEP grant. Funding for construction related environmental monitoring (Task 1) in the amount of $185,539.43 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. Funding for post -construction related monitoring (Task 2) in the amount of $135,279.08 is budgeted and available for the Sector 3 Beach and Dune Nourishment Project in the Beach Restoration Fund/Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. Account Name Account No. Amount Sector 3 Beach Renourishment 128144727066514-17001 $183,539.43 Sector 3 Post Construction Monitoring 12814472-033490-05054 $135,279.08 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-9 in the total lump sum amount of $318,818.51. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-9. lSifAC1,V11Q i APTIM Work Order No. 2018006-9 Work Order No. 2018006-9 Agreement Execution APPROVED AGENDA ITEM FOR: FEBRUARY 16, 2021 37 EXHIBIT 1 February 5, 2021 Quintin Bergman, M.S. Sea Turtle Environmental Specialist Indian River County Public Works Coastal Division 180127th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 - 2018006 - Work Order #9 2021 Environmental Monitoring Dear Quintin: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Renourishment Project. The scope of work described herein is to support the County with the following items: 1. To conduct the 2021 Nearshore Hardbottom Biological Monitoring 2. To conduct the 2021 Post -Construction Sea Turtle Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). 1. Task 1: Pre -Construction Nearshore Hardbottom Biological Monitoring The Sector 3 2021 nearshore hardbottom biological monitoring will be managed and conducted by APTIM, and conducted by APTIM's approved subconsultant, Coastal Engineering Protection LLC (CPE). The Biological Monitoring Plan developed for the Sector 3 project during permitting will require pre- and post - construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to hearshore natural hardbottom. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (0285993 -009 -JC). The nearshore hardbottom monitoring shall include: • Hardbottom edge mapping • Monitoring permanent transects Task 1: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the entire Sector 3 project area, including 1000 feet north (updrift) and 3000 feet south (downdrift) of the project area (R-19 to R-58) for a length of approximately 7.3 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a 38 topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand interface. The purpose of the survey is to provide a baseline for comparison with post - construction hardbottom edge delineations. 2) Installing and Monitoring Permanent Transects: Thirty (38) permanent transects will be established along the length of project influence, which includes 1000 feet north (updrift) and 3000 feet south (downdrift). This includes twenty-four (24) biological monitoring transects and fourteen (14) sediment -only transects. All transects will run perpendicular to the shoreline and extend from the landward hardbottom edge to a distance of 50 meters seaward. Stainless steel rods will be used to permanently mark the transects to facilitate repeatability for post -construction monitoring. Following transect establishment, a biological survey will be conducted to document the pre -construction condition of the hardbottom using the following methods: 1) Quadrat Assessments: Up to nine (9) 0.5-m2 quadrats sampled along each transect to quantify the benthic community. 2) Sediment Measurements: Collected using line -intercept and 1-m interval sediment depth measurements. 3) Video/Photo Documentation: Collected for the length of each transect. It is anticipated that up to 20 days of field operations is required to delineate the hardbottom edge, install permanent transects and monitor the transects. The collected pre -construction data will be compiled and incorporated into an interactive GIS database and the quadrat data will be entered into an Access database. Data entry, reduction, archiving, and analysis time is included in the cost estimate to address the data management and reporting requirements for the field operations. Task 1: Deliverable Raw data will be provided to FDEP and the County including a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video/photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto the most recent aerial photography (in digital format). A report is not proposed for the pre -construction monitoring survey. APTIM will also provide information or assistance to County staff, as needed or requested. Task 1: Schedule The pre -construction monitoring event will take place during the summer (May — September) prior to project construction. Raw data from field operations will be submitted to the County and FDEP within 45 days of completion of the survey. Task 1: Cost The lump sum cost for this task is $183,539.43. 39 2. Task 2: Immediate Post -Construction Sea Turtle and Shorebird Monitoring The Sector 3 immediate post -construction sea turtle and shorebird monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 2: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2021 sea turtle monitoring effort along the approximate 3.7 mile shoreline within the Sector 3 Project Area addresses permit -required post -construction sea turtle and shorebird monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed.proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Nesting Shorebird Monitoring 6. Post -Construction Compaction Monitoring and Escarpment Surveys 7. Lighting Surveys 8. Reporting Task 2: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. Task 2: Schedule The sea turtle monitoring will commence in February 2021. Task 2: Cost The lump sum cost for this task is $135,279.08. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #9 is $318,818.51. The following page includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. 40 Sincerely, Katy Brown Lead Marine Biologist . Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE . Debra Neese, APTIM Abtkw zed Corporate Signature Beau Suthard,P.G. Printed Name Program Director Title 41 Indian River County, Florida Sector 3 - 2018006 - Work Order #9 2021 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1 Pre -Construction Nearshore $ 96,512.00 $36,304.20 $ 4,665.00 $ 10,996.00 $ 35,062.23 $ 183,539.43 Hardbottom Biological Monitoring 250.00 Sr Coastal En ineer/Pro' Mngr $165.00 4 $ 660.00 Task 2 Immediate Post -Construction $ 2,280.00 8 $ 1,320.00 $ 132,999.08 $ 135,279.08 Sea Turtle & Shorebird Monitoring $ - $ - - $ Totals = $ 98,792.00 $36,304:20 $ 4,665.00 $ 10,996.00 $ 168,061.31 $ 318,818.51 Indian River County, Florida Sector 3 - 2018006 - Work Order #9 2021 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Pre -Con Nearshore Hardbottom Biological Monitoring Task 1 Labor Hours Cost I -Post Sea Turtle & Shorebird Monitoring Task 2 Labor Hours Cost Labor Hours Totals Cost Principal Engineer/Sr Pro' Mn r $ 250.00 1 $ 250.00 $ - 1 $ 250.00 Sr Coastal En ineer/Pro' Mngr $165.00 4 $ 660.00 4 $ 660.00 8 $ 1,320.00 Coastal Engineer 1 $105.00 $ - $ - - $ - Senior Marine Biologist $135.00 - $ - 12 $ 1,620.00 12 $ 1,620.00 Marine Biologist II $ 95.00 784 $ 74,480.00 $ - 784 $ 74 480.00 Senior CAD Operator $140.00 1 $ 140.00 $ - 1 $ 140.00 GIS Operator $105.00 8 $ 840.00 $ - 8 $ 840.00 Boat Captain $ 80.00 248 $ 19,840.00 $ - 248 $ 19,840.00 Bookkeeper $ 80.00 2 $ 160.00 $ - 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 $ 2 $ 142.00 Subcontractors - - $ 35 062.23 $ 132 999.08 - $ 168 061.31 Equipment - $ 36 304.20 - $ - - $ 36 304.20 Materials - - $ 4,665.00 - $ - - $ 4,665.00 Mobilization/Other ODCs - - $ 10 996.00 - $ - - $ 10,996.00 TOTAL - 1,050, $ 183 539.43 1 16 $ 135,279.08.1 1,0661 $ 318 818.51 42 WORK ORDER NUMBER 2018006-9 SECTOR 3 BEACH AND DUNE RESTORATION PROJECT IMMEDIATE POST -CONSTRUCTION ENVIRONMENTAL MONITORING This Work Order Number 2018006-9 is entered into as of this day of , 2021 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made parthereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY , P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 43 INDIAN RIVER COUNTY, FLORIDA � G BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-8, Year 1 Post -Construction Environmental Monitoring DATE: February 3, 2021 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC. (APTIM) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums and sustained damages from Hurricanes Matthew (2016) Irma (2017) and Dorian (2019). Construction of the large-scale beach and dune nourishment project was completed February 2020. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 5 Beach and Dune Restoration project, post -construction sea turtle and shorebird nest monitoring is required with certain requirements beyond the County's routine Habitat Conservation Plan (HCP) data collection and reporting activates. Post -construction monitoring also includes the biological monitoring of the nearshore hardbottom resources adjacent to the project area, which is not part of the County's routine semi-annual physical surveys or HCP monitoring. The proposed Work Order No. 2018029-8, in the amount of $163,346.27, provides professional services for permit required year 1 post -construction environmental monitoring including: • Year 1 Post -Construction Biological Monitoring of Nearshore Hardbottom (Task 1) • Year 1 Post -Construction Monitoring of Sea Turtle and Shorebird Nesting (Task 2). 44 All subsequent annual post construction environmental monitoring of the Sector 5 Project area will be addressed through future work orders. FUNDING Funding for Year 1 Post -Construction Environmental Monitoring in the amount of $163,346.27 is budgeted and available for the Sector 5 Beach Nourishment Project in the Beach Restoration Fund/Sector 5 Post -Construction Monitoring, Account.No. 12814472-033490-15021. Account Name Account No. Amount Sector 5 Post -Construction Monitoring 12814472-033490-15021 $163,346.27 . RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018029-8 in the total lump sum amount of $163,346.27. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-8. ATTACHMENTS APTIM Work Order No. 2018029-8 Work Order No. 2018029-8 Agreement Execution APPROVED AGENDA ITEM FOR: February 16, 2021 45 EXHIBIT 1 Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Q Boca Raton, FL 33487 Tel: +1 561 391 8102 � Fax: +1 561 391 9116 APTIM www.aptim.com February 5, 2021 Quintin Bergman, M.S. Sea Turtle Environmental Specialist Indian River County Public Works Coastal Division 180127th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #8 Year 1 Post -Construction Environmental Monitoring Dear Quintin: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County with the following items: 1. To conduct the Year 1 Post -Construction Nearshore Hardbottom Biological Monitoring 2. To conduct the Year 1 Post -Construction Sea Turtle Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours .and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Task 1: Year 1 Post -Construction Nearshore Hardbottom Biological Monitoring The Sector 5 Year 1 Post -Construction nearshore hardbottom biological monitoring will be managed and conducted by APTIM, and conducted by APTIM's approved subconsultant, Coastal Engineering Protection LLC (CPE). The Biological :Monitoring Plan developed for the Sector 5 project during permitting requires post -construction biological monitoring of the hardbottom resources adjacent to the project area to monitor for potential secondary impacts. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (0363427 -001 -JC). The post -construction nearshore hardbottom monitoring shall include: 1) Hardbottom edge mapping 2) _ Monitoring permanent transects Task 1: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge forthe entire Sector 5 project area, including .R 1000 feet north (updrift) and 2000 feet south (downdrift) of the project area (R-69 to R-88) for a length of approximately 3.6 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand border. The purpose of the survey is to provide a comparison for pre- and all subsequent post -construction edge delineations. 2) Monitoring Permanent Transects: Twenty. (20) transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes nine (9) biological monitoring transects and eleven (11) sediment only transects. All transects were established perpendicular to the shoreline and extend from the nearshore hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the Year 1 Post -Construction biological survey of the hardbottom using quadrat assessments, sediment measurements and video/photo documentation as detailed in the Biological Monitoring Plan. Up to nine (9) 0.5-m2 quadrats will be sampled along each transect to quantify the benthic community. Sediment data will be collected using line -intercept and 1-m interval sediment depth measurements, and video documentation will also be collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to eight (8) field days. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database.. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 8 days of field operations. Task 1: Deliverable Raw data will be provided to FDEP and the County within 45 days of completion of the survey. This includes a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video and photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto recent, clear aerial photographs (in digital format). A Year 1 Post -Construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1: Schedule The Year 1 Post -Construction monitoring event will take place during summer 2021. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 1: Cost The lump sum cost for this task is $77,905.51. Task 2: Year 1 Post -Construction Sea Turtle Monitoring The Sector 5 Year 1 Post -Construction sea turtle monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). 47 Task 2: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2021 sea turtle monitoring effort along the approximate 3.5 mile shoreline within the Sector 5 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Post -Construction Compaction Monitoring and Escarpment Surveys 6. Reporting Task 2: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. Task 2: Schedule The sea turtle monitoring will commence in February 2021. Task 2: Cost The lump sum cost for this task is $85,440.76. Summary The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #8 is $163,346.27. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE Debra Neese, APTIM AU6arimed Corporate Signature Beau Suthard, P.G. Printed Name Program Director Title EM EXHIBIT 2 Indian River County, Florida Sector 5 - 2018029 - Work Order #8 Year 1 Post -Construction Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1 Year 1 Post -Construction $44,772.00 $14,246.30 $1,425.00 $ 3,372.00 $ 14,090.21 $ 77,905.51 $ 165.00 Nearshore Hardbottom Biological Monitoring $ 660.00 4 $ 660.00 8 $ 11320.00 Task 2 Year 1 Post -Construction $ 2,280.00 $ - $ - $ - $ 83,160.76 $ 85,440.76 $ - Sea Turtle Monitoring $ 135.00 - $ - 12 $ 1,620.00 Totals = $47,052.00 $14,246.30 $1,425.00 $ 3,372.00 $ 97,250.97 $163,346.27 . Indian River County, Florida Sector 5 - 2018029 - Work Order #8 Year 1 Post -Construction Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Year 1 Nearshore Hardbottom Biological Monitoring Task 1 Labor Hours Cost Year 1 Sea Turtle Monitoring Task 2 Labor Hours Cost Labor Hours Totals Cost Principal En ineer/Sr Pro' Mn r $ 250.00 1 $ 250.00 $ 1 $ 250.00 Sr Coastal Engineer/Pro' Mngr $ 165.00 4 $ 660.00 4 $ 660.00 8 $ 11320.00 Coastal Engineer 1 $ 105.00 $ - $ - - $ - Senior Marine Biologist $ 135.00 - $ - 12 $ 1,620.00 12 $ 1 620.00 Marine Biologist II $ 95.00 364 $ 34 580.00 $ - 364 $34,580.00 Senior CAD Operator $ 140.00 1 $ 140:00 $ - 1 $ 140.00 GIS Operator $ 105.00 8 $ 840.00 $ - 8 $ 840.00 Boat Captain $ 80.00 100 $ 8,000.00 $ - - 100 $ 8,000.00 Bookkeeper $ 80.00 2 $ 160.00 $ - 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 $ - 2 $ 142.00 Subcontractors - - $ 14 090.21 - $ 83,1 60.76 - $ 97,250.97 Equipment - - $ 14,246.30 - $ - - $14,246.30 Materials - - $ 1,425.00 - $ - $ 1425.00 Mobilization/Other ODCs - $ 3,372.00 - $ - - $ 3,372.00 TOTAL - 482 $ 77 905.51 16 $ 85 440.76 498.$ 163 346.27 49 WORK ORDER NUMBER 2018029-8 SECTOR 5 BEACH AND DUNE RESTORATION PROJECT YEAR 2 POST -CONSTRUCTION ENVIRONMENTAL MONITORING. This Work Order Number 2018029-8 is entered into as of this day of , 2021 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a parthereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY LE P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 50 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 2, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: South County Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Delays Background/Analysis: On July 12, 2016, All Webbs Enterprises, Inc., (AWE) was awarded Bid 2016031 to construct a new 16 -inch diameter Upper Floridan Aquifer production well in addition to the rehabilitation of production wells 3, 4, 5, and 6. Water produced by the wells is transported by mains to the South County Reverse Osmosis (RO) Water Treatment Plant (WTP). A timeline of events for this project is as follows: • Wednesday, August 24, 2016 — Pre -construction meeting. Notice to Proceed (NTP) was issued August 25, 2016, and an additional 30 days were added to the contract due to delivery of rig delays, putting substantial completion at March 23, 2017, and final completion at May 22, 2017. Pre -construction meeting minutes indicate AWE anticipated mobilization to the site in early October 2016. • Tuesday, April 4, 2017 — Change Order No. 1 executed, adding 250 days to the contract time, putting substantial completion at November 28, 2017, and final completion at January 27, 2018. • Monday, July 2, 2018 — Change Order No. 2 executed, adding 380 additional days to the contract time, putting substantial completion at December 13, 2018, and final completion at February 11, 2019. • Thursday, February 7, 2019 — At progress meeting No. 10, a timeline of 30 days from mobilization to demobilization of each remaining well rehabilitation was decided upon. It has now been 24 months since that meeting. • Wednesday, January 6, 2021— Final Completion; AWE completed all project work. On January 6, 2021, AWE was 695 days late on the contractual final completion date based on the NTP issued August 25, 2016. As a result of the delayed work, we have over -run our membrane systems while the rehabilitation work was done and have incurred other operational costs. According to Article 3.03 of the Contract Agreement, AWE shall pay Indian River County Department of Utility Services (IRCDUS) liquidated damages for delays at $450 per calendar day that expires after final completion. Should liquidated damages be assessed to end on the date of final completion, the amount totals $312,750. In addition, IRCDUS had to amend one of the work orders with Kimley-Horn and Associates, Inc., (KHA) for additional engineering and oversight effort in the amount of $67,277. 51 After discussing the issue internally with staff, with our Engineer -of -Record, and listening to AWE's concerns, the conclusion is that AWE should be held responsible for the delays in the project but that reasonable judgement should be exercised with respect to liquidated damages. In coming to this conclusion, we have considered what IRCDUS has endured but also all the work and efforts provided by AWE for the County's wells. This work includes the challenges that were faced with delays from Scrub Jay nesting season, in field obstacles such as well 4 not being able to be rehabbed, blockages at well 5, AWE's adhering to bid prices for additional work, and the positive outcome of the raw water wells in terms of better quality and quantity of water by deepening existing wells. We sincerely appreciate the hard work and effort of AWE to assist the County with the installation of new Well 7, Well 4 and the rehabilitation of existing wells 2, 3, and 5, but remain steadfast in our assessment of these delay claims. While it is our finding that we could assess 100% of the delay claims, our engineer of record recommends withholding all the retainage of $152,806.83. However, recognizing the good faith and albeit delayed effort to service the County's wells as well. as the fact that the county may need future well work and that well contractors are few and far between, it is our finding and recommendation that the county assesses $100,080 to cover both the additional engineering costs and our incurred expenses. Initial Contract $ 1,477,360.00 Change Order #1 1,051,783.57 Change Order#2 551,160.00 Total Contract $ 3,080,303.57 Adjustments to Contract (24,167.00) Total Completed and Stored to Date (through final completion) $ 3,056,136.57 Less Liquidated Damages to be Held (100,080.00) Total to be Paid to All Webbs $ 2,956,056.57 Payments to Date $ 2;749,432.59 Pay Application 25 153,897.15 Retainage to be Paid 52,726.83 Total to be Paid to All Webbs — Final Pay $ 206,623.98 Funding: No funding is required as this agenda is not seeking to make a purchase, but instead to collect liquidated damages for a project. Ultimately collection of said liquidated damages would reduce the overall cost of the project and be offset by funds being held for retainage. The costs for this project were budgeted in Utility operating funds. Utility operating funds are derived from water and sewer sales. Costs will be reduced in the accounts mentioned below. Account Name Account Number Amount Retainage All Webbs 471-206000-14506 $59,080 Retainage All Webbs 471-206000-15518 $41,000 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve withholding $100,080 from All Webbs Enterprises, Inc. and to allow a final payout of $206,623.98. Attachments: Kimley-Horn Letter 52 Kimley»>Horn January 21, 2021 Vincent Burke, P.E., Utilities Director Indian River County 1801 271 Street Vero Beach, FL 32960 RE: Indian River County South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Project Delays and Liquidated Damages IRCU Contract 2016-031 Dear Mr. Burke, This letter serves as a re -cap of All Webb Enterprises, Inc. Contract Deficiencies for the above referenced project. As of January 6, 2021, All Webb's Enterprises, Inc. (AWE) has completed the project work. A timeline of events as it pertains to scheduling and mobilization of this project has been provided below. • Wednesday, August 24, 2016— Pre -construction meeting. NTP was set to be August 25, 2016, and an additional 30 days were added to the contract due to delivery of rig delays, putting Substantial Completion at March 23, 2017 and Final Completion at May 22, 2017. Pre - construction meeting minutes indicate AWE anticipated mobilization to the site in early October 2016. • Tuesday, April 4,2017—Change Order No. I executed, adding 250 daysto the Contract Time, putting Substantial Completion at November 28, 2017 and Final Completion at January 27, 2018. • Monday, July 2, 2018 — Change Order No. 2 executed, adding 380 additional days to the Contract Time, putting Substantial Completion at December 13, 2018 and Final Completion at February 11, 2019. • Thursday, February 7, 2019 — At progress meeting No. 10, a timeline of 30 days from mobilization to demobilization of each remaining well rehabilitation was decided upon. It has now been 19 months since that meeting. • Wednesday, January 6, 2021 —Final Completion; AWE completed all project work. On January 6, 2021, AWE was 695 days late on the contractual Final Completion date. According to Article 3.03 of the Contract Agreement, AWE shall pay IRCU liquidated damages for delay at $450 per calendar day that expires after Final Completion. Should liquidated damages be assessed to end on the date of Final Completion, the amount totals $312,750. The amendment to the Kimley-Horn contract for additional engineering and hydrogeological services associated with time added to the project cost IRCU $67,277. It has been previously discussed with KiIr m u r!^� I 1 1 ey )�� ! 101 II II Page 2 AWE that they would be responsible forthe additional engineering costs as well as liquidated damages. IRCU. is currently withholding $306,703.98 which includes Pay Application 25 for $153,897.15 and 5% retainage of $152,806.83. Although AWE has done a good job on completed work and has achieved great results with well production and quality, theycontinued to miss promised deadlines and completion dates and are nearly 2 years late on a 2 -year project duration. In their defense, they did not adjust pricing on any of the new work since the beginning of the project and were idle during the Scrub Jay delay without any additional request for time. Therefore, it is not recommended to enforce the full liquidated damage amount and that the following options be considered as a discount in liquidated damages for negotiating a settlement with AWE: Fulfill Pay Application 25 but keep retainage — Total Damages $152,806.83. The retainage amount is withheld to ensure contractual obligations are met, and in this case, would. not be returned to AWE for inability to meet schedule requirements. The retainage would cover the amount of the Kimley-Horn amendment and represents approximately 49% of the total liquidated damages, thereby offering AWE a concession on the total amount owed. Assess 50% Discount of liquidated damages —Total Damages $156,375.00. Keep half of the total liquidated damages, which amounts to $156,375. This option also covers the amount of the Kimley-Horn amendment and offers AWE a concession on the total amount owed. It is our recommendation that IRCU employ the first option. While the dollar amounts are comparable, this option to keep the retainage is slightly less, with the goal of preserving a working relationship with AWE. We hope that these options provide a solution that is amenable to both IRCU and AWE. If you have any questions, please don't hesitate to reach out at your earliest convenience. Sincerely, / Mark D. Miller, P.E. cc: Terry Southard,(IRCU) Jon Friedrichs, P.G. (JLA) Vaughn Hayduk, P.E. RAM Indian River County, Florida Department of Utility Services Board Memorandum Date: January 6, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Roseland Road Sewer Expansion Cost Share Agreement between Indian River County and City of Sebastian Background: The Indian River County Department of Utility Services (IRCDUS) has been assistingthe Indian River County (IRC) Parks Department to develop plans to eliminate septic systems at the Donald MacDonald Park. The IRC Parks Department has allocated engineering and construction costs for the septic system elimination in its Capital Improvement Program (CIP) budget. The City of Sebastian (COS) is looking to install central sewer infrastructures on the city's airport property to serve existing business and to construct a new Public Works compound. COS has been awarded a St. Johns River Water Management District (SJRWMD) cost share grant of $267,957.85, which funds a portion of the proposed estimated project cost of $900,338.38 for COS' planned construction on airport property. IRCDUS has assisted in coordinating the design and permitting of the force main that will be used by IRC Parks Department, COS, and potential other future connections. The force main will be installed along Roseland Road from Corporate Drive north approximately 2,215 feet to tie into the existing 6" diameter force main near the intersection of Sunset Drive. Analysis: The attached cost share agreement (Attachment 1) outlines the required cost -share funding from COS for this work to proceed. The cost breakdown of the three parties (IRCDUS, IRC Parks, COS) is shown in Attachment 2. The City is bringing this agreement to their Council for approval on Wednesday February 10, 2021. Funding: As part of this tri -party cooperative effort, the COS has allocated funds for its proportionate share. The IRC Parks Department has budgeted funds for their project in their CIP budget. IRCDUS will contribute $31,486.02 to this project. 55 F:\Utilities\00_UTILITY -AGENDA TEMPLATE & GLI [DELI NES\2021 Agenda Items\021621 COS Roseland Rd Force Main\BCC Agenda. Cost Share with COS for Roseland Road forcemain 02.0S.2021.docx Funds for this project are derived from capital funding. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Account Name I Account Number Amount Roseland Rd Forcemain 1 472-169000-20507 $31,486.02 Recommendation: Staff recommends the Board of County Commissioners approve the Roseland Road Sewer Expansion Cost Share Agreement. Attachments: 1. Roseland Road Cost Share Agreement between Indian River County and City of Sebastian 2. Roseland Road Force Main Extension Map 3. Estimated Cost Allocation 56 ROSELAND ROAD SEWER EXPANSION COST SHARE AGREEMENT This Roseland Road Sewer Expansion Cost Share Agreement (hereinafter "Agreement") is made and entered into on the day of , 2021 by and between: Indian River County, Florida, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, FL, 32960 and the City of Sebastian, a municipality ("City"), whose address is 1225 Main Street, Sebastian, Florida, 32958. Recitals WHEREAS, the City has received a Fiscal Year 20-21 cost share grant from the St. Johns River Water Management District to assist in the funding of the Roseland Road Sewer Expansion project, which will allow for the abandonment of septic tanks that are in close proximity to the Saint Sebastian River which empties into the Indian River Lagoon; and WHEREAS, as part of the Roseland Road Sewer Expansion Project, County and City will only share in the costs of constructing a 6" diameter sanitary sewer force main from the intersection of Roseland Road and Corporate Park Drive approximately 2,215 linear feet north to the intersection of Roseland Road and Sunset Drive, as depicted on Attachment "A", that will allow the Donald MacDonald Campground; City Public Works Compound and various City airport properties to connect to the centralized sewer system. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the County and City hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2.. Cost of sanitary force main system along Roseland Road. The estimated cost of the construction of the sanitary sewer force main system is $87,896.19. The County will pay $58,597.52 (2/3 this cost) and the City will pay $31,485.97 which includes the cost estimates of the project ($29,298.67), See Attachment B, and the City's share of the construction bond split 2/3 County to 1/3 City .($2,187.30). 3. Installation of Force Main. Within 30 days of County providing notice to the City that it is ready to construct the sanitary sewer collection and transmission system for Donald MacDonald Campground, City shall pay County $31,485.97. Once the City pays County $31,485.97 , the County will begin the construction of the 6" sanitary sewer force main along Roseland Road. 4. Finalization of the Costs for the System for Donald MacDonald Campground. Upon completion. of the sanitary sewer force main along Roseland Road, the County shall provide the City with the final (actual) cost for the sanitary sewer 57 force main. Within 10 business days of the County providing the City with such costs, City shall pay County the City's proportionate share of the additional costs over the amount estimated in section 2, above, if applicable. If the final (actual) cost for the Roseland Road Sewer Expansion Project is less than the amount estimated in section 2, above, the County shall reimburse City the difference between the City's proportionate share estimated amount and the City's final (actual) proportionate share cost. 5. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 6. TMAII To the limits and extent set forth in section 768.28, Florida Statutes, City shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the City or any of its respective agents, officers, or employees in connection with the performance of this Agreement. However, nothing contained in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity as to the claims of third parties. 7. 8. Effective Date. This Agreement shall become effective upon execution of the parties. IN WITNESS WHEREOF, City and County have executed this instrument this day of , 2021 58 CITY OF SEBASTIAN 1225 Main Street, Sebastian, Florida 32958 Paul E. 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N IO In O n I-�N M LO v 00 of m co -1 n n R = N O N M m VT N VT VT VT VT V� V� V? 4A N Ln Vl• VT VT N O O O O O O O O O 0) N O O O O N C W O O O O O O O O 00 O O O O O O O N O O O O O O O O '-i O N I� O O (n y '- f0 ri O O O O 00 m O 00 W M 00 1, O O 00 U 00 N V O 00 V M V M V1 00 Ol N V V1 O1 d am+ Ol 00 N .i N V lO O C14 -Zzt Ln 14 V1 •� C M M � t m � FO- � C O i0 'j�a 3 00 O O O O O O O V1 _ C V O O O O O O r OLn y O = r,.�-I Ln w Ln Ln U '0 u i O Nm O Ln t'i O Y N ' .-i m a _ U M d N m C C NV VT Y H LD C � V O V f`0 m U Q Q Q Q Q Q Q C z z z z z z z C� G V? � � ' LL C T C m O r- O O 00 O 00 O 00 O 00 O 00 V ci O 00 O 00 60 C H v O O m C m m C c a+ p V1 U m V D J N _ a 0 c m p O1 O V •y u N N v O �Cn am+ V1 01 .O O 0 ? m mcu C x m .d N E m ,.i V) y 0 N _ v L W U a c 0O m C m m L _^ 3 J m C mC C O >, 0) m M y N CL -DN_ tLJ U EL o a v 3 m _ m a Z 00 0 W _ C 3 3 vmi K �_ N N d U 0J x O D. p O0 L 0/ ~ d` ti � U N M O ` i m u Y m N L v v N c 3= 0 s u y v� Q x .f0 C �� E (ti on m O 2 m 5= o n� 7 E � Y p �� T � LL (, V Q H LL U H U N vl W m H LL S a U t v z O01 z O '5 w u _ L_ _ c v s z O 3 c z; O 2 u `o u v p u u in n vi W NW N W W OJ z V) uV) a-I p ]TIu p In r-I W N W I N I N LL N LL M LL V LL M Iz MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 10, 2021 SUBJECT: Ocean Concrete and George Maib v. Indian River County BACKGROUND. This case arises out of a dispute regarding a proposed development of property for use as a concrete batch plant. The plaintiffs' fourth amended complaint set forth three counts against Indian River County (the "County"): Count I for inverse condemnation or regulatory taking; Count 11 for violation of the Bert J. Harris Act; and Count III for compensatory damages and declaratory judgment pursuant to 42 U.S.C. § 1983. On November 20, 2015, a jury returned a verdict in favor of the County on Count III, finding that the plaintiffs' procedural due process rights were not violated. On August 19, 2016, the circuit court issued a final judgement in favor of the County on all remaining counts. The case was appealed and on March 14, 2018, the district court affirmed in part, reversed in part and remanded. The appellate court upheld the trial court ruling on the inverse condemnation or regulatory taking count and the count under 42 U.S.C. § 1983. However, the appellate court ruled that the County was liable under the Bert J. Harris Act. The County sought an appeal with the Florida Supreme Court, which denied taking jurisdiction. At the trial on damages after remand, the jury returned a verdict in favor of Maib in the amount of $2,000,000. The County appealed that decision to the Fourth District Court of Appeal, which upheld the jury award. The deadline to file a notice with the Florida Supreme Court is February 24th. The County would then have until March 8th to file a jurisdictional brief with the court. Based upon prior flings, the County Attorney's Office anticipates that the cost of filing the brief would not exceed $7,500. 64 Board of County Commissioners February 10, 2021 Page 2 FUNDING. Funding in the amount of $7,500 to cover filing of the brief will be provided by the Self -Insurance Fund/Risk Management/General Liability — Ocean Concrete Account 50224619-034530-19901. The Self - Insurance Fund will then be reimbursed for this expense by our insurance carrier since the County has met the $250,000 deductible for this case per the insurance policy. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve seeking jurisdiction with the Florida Supreme Court. 65 JEFFREY R. SMITH, CPA, CGFO, CGMA c°ugrr • Clerk of Circuit Court & Comptroller 1801 27th Street 4 Vero Beach, FL 32960 �'�,....4• Telephone: (772) 226-1432 Fax: (772) 978-1857 E-mail: Axia@clerk.indian-river.org Web address: http://Clerk.indian-river.or2 11/1300]:7'17 DATE: February 16, 2021 TO: Members of the Board of County Commissioners FROM: Terri Collins -Lister, Supervisor to the Clerk to the Board and the Value Adjustment Board SUBJECT: Applications for Citizen Member to the Value Adjustment Board Mr. Joseph George, Citizen Member (Homesteaded) to the Value Adjustment Board, submitted his notice of resignation on November 19, 2020. According to F.S. 194.015, the Value Adjustment Board shall consist of two citizen members, one of whom must be appointed by the governing body of the county and must own homestead property within the county and may not be a member or an employee of any taxing authority. Attached are the applications received to date with the applicants listed below and upon review of the applications; both candidates meet the statutory requirements to serve on the Value Adjustment Board. I would appreciate the Board's review and nomination of one of the following applicants to fill the vacant Citizen Member position: William R. Wykoff Mark Mucher Attachment(s): William R. Wykoff's application Mark Mucher's application Resignation Notice 66 KLI INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Last First Name Name: Ykoff & Middle Init: illiam R Today's Date: 01/29/21 Email Address: Frwykoff@comcast.net Home Address (No P.O.. Boxes): 147 W 16th Sq Vero Beach, FL 32967 Home Phone: Work Phone: 71 Cell Phone: 813 431 7758 How long have you been a resident of Indian River County? 65 years, born and raised Are you a full or part time resident? Check one: Full Time ❑✓ Part Time ❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Alex MacWilliam Real Estate Chevron Oil Company, Retired (25 years) MBA Please list any licenses you presently hold: Florida Real Estate Sales Associate FCC Radio Amateur Radio Extra Class License (Highest Level) Please list any organization of which you are currently a member: Vero Beach Country Club, Board Member, Entertainment Committee Chair Vero Beach Amateur Radio Club Please list any other committees or boards you currently sit on: Continued on next page 67 Place a check mark next to the committees) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD U COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print William R. "Rick" Wykoff 4147 W 16th Sq, Vero Beach, FL 32967 813 4317758 1 rwykoff@comcastnet Objective Fill position on Indian River County Value Adjustment Board Experience Sales Associate, Alex MacWilliam Real Estate Vero Beach, FL 2017 to present • State of Florida Real Estate License April 2017 • Closed on 71 transactions in first three years of position. • Multiple monthly top producer/2018 Most Improved Agent/2020 top producer, 2020 #4 agent company wide, 2020 Most Improved Agent with 11 Million in closed transactions. Martin Lubricants, Kilgore, TX, Sales Representative STP Diesel Fuel Additives 2016-2017 • Marketing and Sales of new product into Truck Stop, Farm Store and Lubricant Marketers channels in the Eastern US. • Initiated trial of new STP product in 25 nationwide Tractor Supply sites • Established relationship with DAS Company, supply chain partner into nationwide C Stores and Travel Centers including Pilot, Flying J and Love's Truck Stops MARKETING SALES REPRESENTATIVE I CHEVRON PRODUCTS COMPANY 1986-2016 (RETIRED 2016) • 25 years in various sales and marketing positions including: • 2 years Sales Marketing Assistant, Ft. Lauderdale, FL • 6 years Lubricants Marketer Sales Rep. Florida and Central New York selling entire Chevron Lubricants Line • 4 years Heavy Duty Truck Dealer Lube Equipment Rep. Nationwide concentrating on Delo branded products • 2 years Havoline Xpress lube re image coordinator, training and introducing Texaco Xpress lube operators to new quick lube image, Chevron liaison to Federal Heath sign company on signage requirements • 9 years Automotive Installed Rep to Havoline Xpress Lube channel and Heavy Duty Truck Dealer Southeast US. This included maintaining existing business at 2/3 of the Havoline Xpress Lube sites in the country. Grew the assigned territory to 32 direct served Xpress Lube sites in greater Atlanta, GA, (Terry and Sharon Fowler), 60 sites in Northeast and Central Florida (Brian Fowler) and 20 stores in the greater Birmingham, AL market (Doug Levine). On the Heavy Duty Truck dealer side, presented and trained dealer sales reps on the Chevron Delo Product line at Kenworth and Peterbilt (Paccar) regional sales meetings along with Volvo -Mack meetings 69 • 2 years Retail Gasoline Rep Florida West Coast. Tampa, FL handling marketer served retail gasoline sites at the time of the Re-image of Chevron Gasoline sites WTTB RADIO 1977-1986 All aspects of small market local radio. Marketing, Promotions, Announcer, News, Music Director Skills & Abilities COMMUNICATION 25 plus years in sales and marketing 8 years in local market radio, announcer, promotions, music director, news LEADERSHIP Subject Matter expert Havoline Xpress Lube, June 2012 to Jan.2016 • Facilitator/Presenter for Havoline Xpress Lube Re Image project • Field Sales liaison to Chevron HQ for Texaco Xpress Lube Re Image project • POS liaison to Chevron Retail Gasoline systems for Havoline Xpress Lubes. • Chevron Presidents Award for HQ liaison to hurricane Wilma ravaged SE Florida Retail Gasoline Sites COMPUTER PROFICIENT • Microsoft office suite: Word, Excel and Outlook. • Working knowledge of Salesforce.com CRM system • National Cash Register Point of Sale back office profitability platform for retail sales • Apple i pad and i phone platforms • Web based profitability models to determine maximum customer profits based on product mix Education MASTER OF BUSINESS ADMINISTRATION, MAY 19881 NOVA SOUTHEASTERN UNIVERSITY. Major: Marketing BACHELOR OF SCIENCE IN BROADCASTING I JUNE 19771 UNIVERSITY OF FLORIDA Major: Journalism and Communications Related coursework: Marketing, Public Relations, Business 70 Community Volunteer Organizations Main Street Vero Beach, "Downtown Friday Events" and "The Hibiscus Festival" 2007 to 2015. 8 years • Entertainment Chairperson Downtown Friday events managing dozens of volunteers • Board of Directors Main Street Vero Beach • Board of Directors Vero Beach Country Club (current) • Entertainment Committee for the City of Vero Beach's Centennial Celebration References BILL MARINE President,. Marine Agricultural Irrigation, Vero Beach, FL 32960 (772) 539 1902 ANDY BEINDORF President, Center State Bank, Vero Beach, FL 32960 (772) 643 7210 RUSSELL G. "RUSTY" CAPPELEN Manager UBS Securities, Vero Beach, FL 32963 (772) 234 7010 71 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Last Ste hen Mark Mucher First Name Mark Muckier Name: ( p ) & Middle Init: I(Stephen) ---]Today's Date: 09/21/20 Email Address: mark.mucher@gmail.com Home Address (No P.O. Boxes): 1 617 Indian Lilac Rd, Vero Beach, FL 32963 Home Phone: Work Phone: I Cell Phone: 772-532-2413 How long have you been a resident of Indian River County? 34 years Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Technology Assistance, Inc. (Computer Consulting) Please list any licenses you presently hold: FL Driver, City of Vero Beach business Please list any organization of which you are currently a member: Taxpayers' Association of IRC Rotary Community Corps Please list any other committees or boards you currently sit on: City of Vero Beach Utilities Commission Taxpayers' Association of IRC Board of Directors Continued on next page 72 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE U MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL - COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD - MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print tabldfatEffn the completedapplication, along with a current resume to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print- 73 MARK MUCHER Stephen Mark Mucher 510" 175 lb. 617 Indian Lilac Road Married, two (adult) children Vero Beach, FL 32963-1450 mark.mucherp_2mail.com (772) 532-2413 Employment Summary 2002 -Present Technology Assistance, Inc., Vero Beach, FL Vice President and General Manager Accomplishments and responsibilities: Manage computer consulting firm specializing in system design and improvement for individuals, professionals, and small businesses. 1991-2002 Indian River County Property Appraiser, Vero Beach, FL Director - Long Range Planning Accomplishments and responsibilities: Virtually single-handedly brought an office with a staff of 45 from a very few stand-alone PCs to a smooth -running, tightly integrated 21st century networked environment at extremely low cost and without the use of outside consultants or labor. Liaised and networked with other county agencies and initiated first taxpayer. services via the internet. 1987-1991 Vero Technologies, Vero Beach, FL — Owner of local computer sales/service firm 1982-1986 MG International, Beijing, China / Washington D.C. Partner, then Owner of high tech trading firm 1967-1982 General Motors — several divisions — primarily Euclid/Terex (construction/ mining equipment) various management and technical positions beginning as a high school co-op student and ending as Director - China Trade, GMC Truck & Coach Education Summa Post -Graduate: University of Akron - Akron, Ohio Completed 75% of MBA - Marketing/Finance program before moving to China required leave of absence. 4.0 cumulative grade average. Under -Graduate: General Motors Institute of Engineering & Management (now Kettering Univ.) -. Flint, Michigan Bachelor of Industrial Administration, Majors: Engineering and Management Five year, co-op education allowed detailed exposure to virtually every aspect of business. Honors: Dean's List. Scored 98th percentile Law School and General Management Aptitude Tests Community Involvement City of Vero Beach Utilities Commission — Current Member City of Vero Beach Planning and Zoning Board — Former Member (19 years) Indian River County School Board — Audit Committee — Former Member Indian River Memorial Hospital — Former Member, Finance Committee Indian River County Hospital District — Former Member, Planning Committee Indian River County Community Health Network — Former Member Taxpayers' Assn. of Indian River County — Director and former Vice President Various Rotary Clubs in Vero Beach - Past Director and Secretary (current affiliate) 74 TO: Members of the Board of County Commissioners DATE: November 24, 2020 FROM:: Terri Collins -Lister, Value Adjustment Board Clerk SUBJECT: Resignation of Joseph Leo George, as Citizen Member Appointee to the Value Adjustment Board Mr. Joseph Leo George has tendered his resignation as Citizen Member Appointee to the Value Adjustment Board, effective November 19, 2020. Anyone interested in serving on the Value Adjustment Board as the Citizen Member (must own homestead property within the County, F.S. 194.015), who meets the requirements, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 180127 Ih Street, Vero Beach, FL 32960. Applications can be accessed online at www.ircgov.comBoards/Committee_ Application.pdf or the Board of County Commissioner's Office. Attachment: Joseph Leo George's Resignation Notice 75 HA V EIZ C Office of the z INDIAN RIVER COUNTY * * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown . County Administrator DATE: February 2, 2021 SUBJECT: Update Regarding COVID-19 Vaccinations I would like to present an update regarding COVID-19 Vaccinations 76 /Rr Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 5, 2021 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2021/2022 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2021/2022 budget workshop and the tentative and final budget hearings. Budget. Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 9, 2021 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Wednesday, July 14, 2021 Thursday, July 15, 2021 (as needed) Wednesday, Sept. 15, 2021 at 5:01 p.m. Wednesday, Sept. 22, 2021 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2021/2022 budgets. 77 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: Indian River County Courthouse Renovations Project (IRC -1728) Release of Retainage and Change Order No. 1 DATE: February 3, 2021 DESCRIPTION AND CONDITIONS On April 23, 2019, the Board of County Commissioners awarded Bid No. 2019039 to W&J Construction Corp. in the amount of $1,750,416.00 for building renovations at the Indian River Courthouse. The renovations included the construction of anew courtroom on the second floor of the courthouse, the conversion of the first floor Law Library into new office space and an update to the Traffic Counter area. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $233,167.65 for a final cost of $1,517,248.35 and makes final contract time adjustments. W&J Construction Corp. has successfully completed the project and has been paid $1,441,385.93 with $75,862.42 held in retainage. W&J Construction Corp. has submitted Contractor's Application for Payment No. 15 for release of retainage in the amount of $75,862.42. FUNDING Funding in the amount of $75,862.42 is budgeted and available from the following account: Optional Sales Tax/Facilities Mgmt/New Account Number 315-206000-12009 Courtroom Facilities/Retainage — W & J $75,862.42 Construction RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 15 to W&J Construction Corp. in the amount of $75,862.42 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 15 APPROVED AGENDA ITEM FOR February 16, 2021 78 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 02/16/2021 No. 1 EFFECTIVE DATE: 02/16/2021 OWNER: Indian River Countv CONTRACTOR W&J Construction Corp. Project: INDIAN RIVER COUNTY COURTHOUSE RENOVATIONS PROJECT OWNER's Project No. IRC -1728 OWNER'S Bid No. 2019039 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items and contract times in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,750,416.00 Net decrease of this Change Order: $233,167.65 Contract Price with all approved Change Orders: $1,517,248.35 ACCEPTED: By: Dan Herman Project Manager, W&J Construction Corp. CONTRACTOR (Signature) CHANGE IN CONTRACTTIMES Description Time Original Contract Time: (days) Substantial Completion: 270 Final Completion: 300 Net increase (decrease) this Change Order: (days) Substantial Completion: 72 Final Completion: 72 Contract Time with all approved Change Orders: (days) Substantial Completion: 342 Final Completion: 1 372 RECOMMENDED: By Kirstin Leiendecker, P.E. Roadway Production Manager ENGINEER (Signature) APPROVED: By: Richard. B. Szpyrka, P.E. Public Works Director OWNER (Signature) 79 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE RENOVATIONS PROJECT PROJECT NO. IRC -1728 BID NO. 2019039 Item No. Description Unit Quantity Unit'Price Price Increase Price Decrease WCD 1 SOLID SURFACE TOP LS 1 4,825.53 4825.53 WCD 2 ADDED ELECTRICAL SCOPE LS 1 5,331.38 5 331.38 WCD 3 FIRE SUPPRESSION REPAIRS LS 1 1 5,613.80 5.613.80 WCD 4 DOOR CHANGE - SOLID TO GLASS LS 1 2,893.11 2,893.11 WCD 5 FIRE DAMPER AND AV REVISIONS LS 1 6,686.23 6,686.23 WCD 6 LIGHTING AND ACCOUSTICAL PANEL CHANGES LS 1 13 261.19 13 261.19 WCD 7 COURTROOM DESIGN REVISIONS LS 1 15 365.59 15 365.59 WCD 8 AV REVISIONS 2 LS 1 15 001.15 15 001.15 WCD 9 PHASE 1 - REPLACE DOUBLE DOOR LS 1 4,149.66 4,149.66 WCD 10 REVISED CLERK WINDOW LS 1 593.12 593.12 WCD 11 TRAFFIC AREA CARPET LS 1 1 2,908.01 1 2,908.01 WCD 13 MILLWORK CHANGES LS 1 8,282.82 8,282.82 WCD 14 COURT -IN -SESSION LIGHT LS 1 3,700.39 3,700.39 DIV 12 FURNISHINGS FURNITURE ALLOWANCE LS 1 0.1288 25 000.00 21 779.63 FA FORCE ACCOUNT LS 1 300 000.00 300 000.00 SUBTOTALS1 88,611.98 321,779.63 INDIAN RIVER COUNTY COURTHOUSE RENOVATIONS PROJECT TOTAL $233,167.65 80 C:kGmHcmLLegstar5LL5XTempkOdD9f401-84 bo-4793-bfgl-Oaaa2dba t c0 /RA DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Assistant Public Works Director SUBJECT: Presentation Regarding Indian River County Welcome Signs, IRC -1816 DATE: February 5, 2021 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board of County Commissioners selected and approved the final design and locations for the landmark welcome signs at four roadway entry points within the County. The locations are US Highway 1 near the North and South County lines; SR60 East of the 1-95 interchange; and CR 512 East of the interchange with 1-95. County Welcome Signs. On February 5, 2019, the Board approved Work Order No. 7 for MBV for development of site plans and permitting of the signs. The Board awarded Bid No. 2020048 to Kenco Sign & Awning, LLC in the amount of $99,000 on August 18, 2020 for the construction of the welcome signs. The contractor is in the final stages of completing the installation of the signs at above locations and since the signage is visible to the public at this stage, staff is bringing this update to the Board for informational purposes in the form of a short video presentation. FUNDING No funding is necessary for this Board update. RECOMMENDATION No recommendation from staff is provided for this Board update. However, input is always welcome. ATTACHMENTS None AGENDA ITEM FOR FEBRUARY 16, 2021 Public Works Engineering Division Project Northbound US -1 Public Works Engineering Division Project Southbound US -1 02/16/2021 Indian River County Welcome Signs Indian River County Welcome Signs 12.G.2. 45� - 1 Public Works Engineering Division Project Westbound - CR -512 Public Works Engineering Division Project Eastbound SR -60 02/16/2021 12.G.2. Indian River County Welcome Signs Indian River County Welcome Signs 8f-2 /2 4 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 8, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Duke Hawkins, Assistant Operations Manager Subject: TV Truck Buyback Option with Envirosight Background: In March 2020, the Indian River County Department of Utility Services (IRCDUS) accepted delivery of certain closed circuit television (CCN) equipment from Envirosight Products Group, Inc. (Envirosight). Envrosight retrofitted the existing N truck chassis with new CCN Equipment. The total cost of the retrofit was $258,290.85. Of that amount, $239,348.93 actually covered the cost of the equipment. Analysis: Within a week of the delivery date, IRCDUS began experiencing problems with the equipment. During most of the 11 months that IRCDUS owned the retrofitted truck, the equipment has been mostly inoperable. Although the truck was returned to Envirosight repeatedly for warranty work, the truck remained mostly inoperable. Since October 9, 2020, the truck has been completely inoperable. A N truck is a vital piece of equipment needed in order to properly assess, record, and identify sewer system conditions in order to maintain the system in good working order and to avoid sanitary sewer overflows. The contract under which IRCDUS purchased the equipment included a Buyback Option under which the vendor is obligated to buyback the equipment for 70% of the cost, if at any time the purchaser is not satisfied with its performance. Funding: At this time, staff is seeking Indian River County Board of County Commissioners (BCC) approval to exercise the buyback option. It is staff's intention to utilize the funds received towards the purchase of new CCN equipment from a different vendor. Recommendation: Staff recommends that the Indian River County Board of County Commissioners (BCC)authorize staff to exercise the buyback option under which Envirosight Products Group, Inc., would be required to pay the County $167,544.25. Staff recommends that the BCC authorize the County Administrator to sign any paperwork needed to validate the return. 82 Departmental Item 1242 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 10, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Utility Accounts Receivable Bad Debt Background: On October 20, 2020, the Indian River County Department of Utility Services (IRCDUS) made a presentation to the Board of County Commissioners (BCC) regarding past -due balances related to various types of utility accounts. Staff received direction from the BCC and was directed to bring back an update that included a minor modification to staff recommendation along with the proposed Code modifications. Analysis: At the time of the previous BCC presentation, there were 295 past due accounts that had charges over twenty-four months old. Since the presentation, some accounts have been paid off while others have lapsed into the twenty-four month and older category. There are now 333 accounts that have charges over twenty-four months old. Presently, 159 of the 333 accounts are water and sewer accounts. There are now 15 expired impact fee loans. Expired impact fee loans are those that were not paid in full prior to the expiration of their original five-year term. Despite nine of the original 150 assessment liens being paid in full since the previous presentation, there are now 159 expired assessment accounts. Expired assessment accounts are those that remain unpaid after their original ten- year term. The table below reflects the updated numbers: Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Water & Sewer 159 $2,092,000 $590,000 $1,502,000 Impact Fee Loans 15 $ 140,000 $ 57,000 $ 83,000 Assessments 159 $ 649,000 $281,000 $ 367,000 Totals 333 $2,881,000 $928,000 $1,953,000 53 In order to clean up the IRCDUS accounts receivables that are described herein, a four -step process is recommended in each of the categories listed in the table. There is a recommendation .to offer two payment options in each category. There is a recommendation to pursue foreclosure where applicable against any properties where one of the two payment options isn't exercised. There will be a fourth recommendation to update County Code so that the aged accounts receivable situations are addressed before loans are expired or more than twenty-four months of past due charges accrue. Funding: Utility operating funds will be utilized when writing off most of the bad debt. However, any principle balance written off on impact fee loans will be assessed against the impact fee fund. An adjusting journal entry will record the bad debt expense for the amounts written off. More than likely, a budget amendment will be needed to cover this expense. i The worst-case scenario impact to the utility funds is $2,881,000. This number will vary based upon which account holders decide to participate in the various settlement options that are presented in the recommendations. Recommendation: Staff recommends that the BCC either modify or accept the recommendations as listed.. Staff also recommends that the BCC direct staff to come back with an ordinance at a public hearing so that the recommended code modifications can be adopted. Water and Sewer Accounts 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. It is suggested that the time -period be determined based upon the BCC approval date at a future public hearing. The date will provide time to notify customers via certified mail as well as allow time for the customers to consider which settlement option they want to take, if any. 2. Establish a twelve-month period during which the County would waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over 24 months of charges and fees. This may be a more viable option for customers who cannot afford to pay within the 90 -day option. 3. Incorporate into County Code, the directive to work with the County Attorney's office to pursue foreclosure, if applicable, on any properties that have owners who do not take advantage of any of the settlement options and once this process is complete, write off the accounts receivable balance and release the lien on the property. 4. Establish a policy going forward to notify delinquent account owners that are approaching the 24 - month deadline that they must bring their account current or the county will pursue foreclosure, if applicable. Such policy shall include the directive for staff to work with the County Attorney's office to pursue foreclosure, when applicable, if such account balances are not otherwise settled: Page 2 of 4 61 Below are tables that reflect a delinquent water and sewer account and the two payment options. Description Service Availability Penalties & Total Owed Description Charges Interest Collected Current Balance Water $3,906.89 $10,317.74 $14,224.63' and Sewer Account Impact Fee Loans I 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period beginning during which the County will waive ninety percent of all penalties and interest on any past -due impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. Establish a policy going forward to avoid liens exceeding five years old, such that at the 48 -month mark, when a loan is delinquent, staff notifies the customer of the possibility of the pending foreclosure. The Director of Utility Services or his designee would then have authority to make a settlement offer. The settlement offer should never be for less than the remaining principle balance on the loan. If the customer does not take the settlement offer, the County will move forward to pursue foreclosure, where applicable. 4. Direct staff to permanently disconnect any properties from the system if the impact fee loan is not settled and to work with the County Attorney's office to pursue foreclosure, where applicable, Assessments Establish a ninety -day time period during which time only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original assessment loan period. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which time seventy-five percent of the penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original assessment loan period. Credit will be given for any principle payments made to date. Page 3 of 4 Service Availability Penalties & Potential Total Description Charges Interest Collected Option 1 Payments — $3,906.89 $ 0.00 $ 3,906.89 90 days .Option 2 Payments — $3,906.89 $ 1,031.78 $ 4,938.67 12 Months Impact Fee Loans I 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period beginning during which the County will waive ninety percent of all penalties and interest on any past -due impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. Establish a policy going forward to avoid liens exceeding five years old, such that at the 48 -month mark, when a loan is delinquent, staff notifies the customer of the possibility of the pending foreclosure. The Director of Utility Services or his designee would then have authority to make a settlement offer. The settlement offer should never be for less than the remaining principle balance on the loan. If the customer does not take the settlement offer, the County will move forward to pursue foreclosure, where applicable. 4. Direct staff to permanently disconnect any properties from the system if the impact fee loan is not settled and to work with the County Attorney's office to pursue foreclosure, where applicable, Assessments Establish a ninety -day time period during which time only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original assessment loan period. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which time seventy-five percent of the penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original assessment loan period. Credit will be given for any principle payments made to date. Page 3 of 4 3. Establish a policy going forward to avoid past due assessments, such that at the 48 month mark, when an assessment is delinquent, staff notifies the customer of the possibility of the pending foreclosure. The Director of Utility Services or his designee would then have authority to make a settlement offer. The settlement offer should never be for less than the total principle and interest that would have been collected, if the original assessment payment schedule were followed. This assures that no one getting a settlement pays less than those customers who made their assessment payments during the original assessment period. If the customer does not take the settlement offer, the County will move forward to pursue foreclosure, where applicable. 4. Establish a policy that directs staff to file a "Notice of Potential Future Utility Charges" with the Clerk of Court for any properties for which an assessment was not settled. This assures that anyone connecting to previously assessed utility lines pays their fair share of the cost of the line. Attachment 1 contains the sample notice. All Accounts 1. Direct staff to set a public hearing at which time the established policies will be set forth in County Code. Attachment 2 depicts the required code modifications. Attachments: Attachment 1 -Draft Notice of Future Charges Attachment 2 -Proposed code modifications Attachment 3- October 20, 2020 agenda item Attachment 4- Minutes to the October 20,2020 agenda item Page 4of4 Attachment 1 Sample Notice of Potential Future Utility Charges Parcel ID#: Service Address: , FL Instrument prepared by the County Attorney's Office, and after recording should be returned to the County Attorney's Office NOTICE OF POTENTIAL FUTURE UTILITY CHARGES . On the _ day of '20__, INDIAN RIVER COUNTY, (hereinafter COUNTY), released the property hereinafter described from the lien of that certain Assessment Roll included in Resolution No. and recorded in O.R. Book _, Page Public Records of Indian River County, Florida. Any future property owner connecting to utilities for water or sewer service for the property described below may be subject to certain charges including, but not limited, to various utility connection charges, impact fees, and a deposit. The property, located in Indian River County, is more particularly described as follows: INSERT LEGAL DESCRIPTION D R UTILITY SERVICES INDIAN RIVIIE�R`COUNTY, FLORIDA By LI u Vincent Burke, Director of Utility Services STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2021, by Vincent Burke, Director of Utility Services for Indian River County, Florida. He is personally known to me. Notary Public Printed name: Commission # Approved for form and legal.. sufficiency: County Attorney RE Attachment 2 Proposed Code Modifications to be presented at Public Hearing Note: New language is indicated with underlined text. Any language being deleted is indicated by StFikethF9 gl . Section 201.22. - Responsibility for payment of water/sewer fees; impact fee loans, special assessments, lien for unpaid bills. Except when the exception for non -owner customers of subparagraph B applies, responsibility for payment of any and all utility charges rests withthepropertyowner. Chargesforwhich the owner is responsible shall constitute an automatic lien in favor of the county against the property serviced. The county may record the liens in the public records of Indian River County, Florida; however, the liens need not be recorded to be an enforceable lien againstthe property. It isthe intention of the countythat these liens, whether recorded or not, shall have the same priority as liens for taxes and other governmental assessments, and shall be superior to mortgages and other claims against the property, whether or not the mortgages or other claims predate the creation of this lien. The county finds that having such a priority status for its utility liens is necessary and serves a public purpose, and that it has the authority to enact this provision pursuant to the authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. Dade County, 174 So.2d 466, F.S. §§ 153.67 and 125.01(1). - A. When an account is opened by a non -owner customer, the non -owner customer shall be responsible for payment of all fees and charges; except that the property owner shall be responsible for payment of the base bill if not paid by the non -owner customer. The county shall collect a deposit equal to no less than two (2) months' estimated utility bills forthat non -owner customer. This deposit shall not be returned until the account is closed and all unpaid charges which are the responsibility of the non -owner customer are paid. The deposit shall be used to offset any such charges in the following order: (i) volumetric consumption charges; (ii) charges, fees, fines, and penalties assessed pursuant to this chapter and the rate resolution; (iii) fees in lieu of franchise fees (also known as "franchise surcharges"); (iv) where applicable, municipal franchise fees and other municipal fees and taxes; (v) billing charges; and (vi) service availability charges (formerly known as "base! facility charges"). Unpaid utility bills for which the non -owner customer is responsible shall not be a lien against the owner's property. The property owner shall be responsible for payment of the base bill. B. Except when the exception for non -owner customers of subparagraph B applies, in the event that the fees, rates or charges for the services and facilities of any water orsewersystemshall not be paid as and when due, any unpaid balance thereof shall be a lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person exceptthe lien ofcountytaxes and shall be on a parity with the lien of any such county taxes. In the event that any such service charge shall not be paid as and when due and shall be in defaultfor thirty (30) days or more the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the county in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the county by action or suit in equity as for the foreclosure of a mortgage on real property. C. Provisions of this subsection apply to rental residential complexes where tenants are not real property owners. Its primary application is to apartments, recreation vehicle parks and trailer parks where short-term tenancies are the norm. Applicability of this subsection to mobile/manufactured home communities, which generally are based on lifetime homeowner tenancies, is subject to the constraints having been placed upon the laws and ordinances enacted by units of local government by F.S. ch. 723. The state legislature's intent and preemption of the subject matter and of state regulation of the complex relationship which exists between manufactured home park owners and tenants are set forth in Sections 723.004(1),(2), and (3), which prohibit any units of local government from enacting any laws or ordinances in conflict wlithF.S.ch. 723. D. At any time that an account has 24 months of unpaid water and or sewer charges, staff shall notify the property owner of the County's intention to pursue foreclosure, where applicable. The property owner shall be given 60 days to bring the account current. The Director of Utility Services or his designee shall have the authority to make a settlement offer'in lieu of foreclosure. Such settlement offer shall never be less than the actual charges for water and sewer services which shall include but not be limited to service availability charges, consumption charges, disconnection or reconnection of service, and lien fees. It is the intention of this section to allow for forgiveness of penalties and interest only, in order to avoid foreclosure. If the attempt to settle the account is not successful then staff shall work with the County Attorney's office to perfect the lien (pursue foreclosure). E. For any water and sewer accounts that have accumulated 24 or more months of water and sewer charges as of February 1, 2021, allow for the waiver of penalties and interest as describe herein: From May 1, 2021 until close of business on June 29, 2021, the County will waive all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on June 29, 2021 will qualify 90 for this waiver. From Mav 1, 2021 until close of business on April 29. 2022. the County will waive ninety -percent of all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on April 29, 2022 will qualify for this waiver. F. For any impact fee loans that have expired as of February 1, 2021, allow the waiver of penalties and interest as described herein: From May 1, 2021 until close of business on June 29, 2021, the County will waive all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on June 29, 2021 will qualify for this waiver. From Mav 1, 2021 until close of business on April 29, 2022, the County will waive ninety -percent of all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on April 29, 2022 will qualify for this waiver. G. For any assessment loans that have expired as of February 1, 2021, allow the waiver of penalties and interest as described herein: From Mav 1, 2021 until close of business on June 29, 2021, the County will waive all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on June 29, 2021 will qualify for this waiver. From Mav 1, 2021 until close of business on April 29, 2022, 91 the County will waive ninety -percent of all penalties and interest on any water and sewer accounts that have accumulated over 24 months of charges. No payments received after 5:30 p.m. on April 29, 2022 will qualify for this waiver. H. For any impact fee or assessment loans that are delinquent as of month 48 of the loan or assessment period, staff shall notify the property owner the Count's lien will be perfected if the past due amounts are not brought current within 60 days of the notification. Since the impact fee loan term and assessment loan terms run beyond 48 months, the Utility Director or his designee shall have the authority to negotiate a settlement offer. Under no circumstances shall the settlement offer be less than the total_ _payments due as of the negotiation date plus the remaining principle of the original loan or assessment. I. A "Notice of Future Potential Future Utility Charges" shall be filed with the Clerk of Court on any properties where the assessments were not considered paid in full. 92 Indian River County, Florida Department of Utility Services Board Memorandum Date: October 14, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Utility Accounts Receivable Bad Debt Background: During late 2018 and early 2019, staff with the Indian River County Department of Utility Services (IRCDUS) made a series of presentations to the Board of County Commissioners (BCC) regarding past - due balances related to services for utility reserve accounts. The end -result was the adoption of County Ordinances 2018-027 and 2019-002. These code modifications provided the framework to enable staff to work with customers with past -due balances to settle their debt at significantly reduced rates. It also established policy to enable staff to address similar circumstances as they occur and toy prevent the excessive accumulation of bad debt from reserve accounts moving forward. The process resulted in 765 water and 879 sewer equivalent residential units (ERUs) being relinquished or reclaimed by the County. That, in turn, freed up capacity in the system. There is only one remaining property left to resolve through the foreclosure process. The most significant impact to the utility was the write-off of just over $4.8 million in bad debt. Analysis: At this time, there are 295 past -due utility accounts that have fees and charges over twenty-four months old. Thirty-eight percent of these accounts have past -due amounts over twenty years old. From time to time, owners of some of these properties have appeared before the BCC to request waivers of some of the fees affiliated with these accounts. One such situation occurred on March 17, 2020, when Mr. Brodley Williams appeared before the BCC regarding a property that he and his father purchased from a tax deed sale. At the time, the lien on the property was for over $39,000. After listening to Mr. Williams, the BCC advised staff that they should develop a policy in order to deal with this type of situation and bring back an analysis of these accounts for BCC review. The purpose of this agenda is to fulfill that directive. Staff worked to review the aged receivables and formulated proposed options for the BCC to! consider as policy. Staff consulted with the County Attorney's office while working on the directive. In so doing, staff learned that there are limitations regarding collections related to certain liens. Pursuant to Florida Statute Section 153.67, utility and special assessment liens more than 30 days old may be foreclosed upon by the County in the manner provided by the laws of Florida for the foreclosure of a mortgage on 93 real property. Florida Statute Section 95.11(2)(a) provides for a five-year statute of limitation for an action to foreclose a mortgage. Case law has made it clear that the statute of limitations is five years and begins on the date the lien is recorded, and that the statute of repose allows for collectability without foreclosure up to 20 years after the recording of the lien. See City of Riviera Beach v. Reed, 987 So. 2d 168 (Fla. 4th DCA 2008). Florida Statute Section 95.281(1)(b) establishes that a lien terminates "[i]f the final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20 years after the date of the mortgage. Thus, liens that do not show as ascertainable from the record, such as those for assessments and impact fees, expire after twenty years. This information influences some of the staff recommendations in creating policy to address the various situations involving aged accounts receivable and liened accounts. This limitation does not apply to water and sewer accounts that consist of monthly reoccurring service availability charges. Unlike the reserve accounts, 131 of the 295 accounts are water and sewer accounts that are, or were, connected to the,system. There are also 14 expired impact fee loans. Expired impact fee loans are those that have exceeded their original term, which is typically five years. Eleven of the 14 accounts exceed twenty years old. None of these accounts currently receives service. Together, the water and sewer accounts and expired impact fee loans make up over $2.4 million in receivables. There are also 150 expired assessment loans. Expired assessments are those over ten years old. Seventy-nine of the assessments are over twenty years old. Expired assessments make up another $640,000 in receivables. A summary of the three types of accounts is depicted in the table below: Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Water & Sewer 131 $2,332,000 $636,000 $1,696,000 Impact Fee Loans 14 $ 95,000 $ 34,000 $ 61,000 Assessments 150 $ 640,000 $270,000 $ 370,000 Totals 295 $3,067,000 1 $940,000 $2,127,000 Leaving these accounts to continue to accrue fees does nothing to benefit IRCDUS or its customers. In many cases, the balance due exceeds the value of the property. Since revenues are recorded when a bill is created, the utility revenues currently reflect monies that most likely will never be collected. In order to prevent exponential growth of the receivables balance and to create a means by which to make these marketable, substantial bad debt expense will need to be written -off. WATER & SEWER ACCOUNTS The water and sewer accounts make up $2.3 million in receivables. The table below breaks out the balance between service availability charges and penalties and interest. Account Type Number of Total Principle or Penalties & Accounts Outstanding Service Interest Debt Availability Water & Sewer 131 $2,332,000 $636,000 $1,696,000 Of the 131 water and sewer accounts, only 84 still have structures on them. Over the years, many of the structures have been demolished. There are four commercial accounts in this category. Forty-seven (47) 94 of the residential properties are now vacant. In many situations, the debt affiliated with the property exceeds the value of the property. From time to time, these properties go up for tax deed sale. There are situations where people have purchased these properties without doing their due diligence and ultimately end up with a property with excessive liens that they cannot afford to pay off. it makes little sense to leave these properties rendered "useless". The table below summarizes some of the key data regarding the 131 water and sewer accounts. Account Category Number of Accounts Water ERUs Sewer ERUs Existing Structures Residential 127 170 133 80 Commercial 4 175 135 4 Totals 131 345 268 84 In similar fashion to the debt reduction offers that were made for reserve accounts, staff proposes two payment options for BCC consideration. Under the first option, the County would waive all of the accrued penalties and interest in exchange for the owner paying all of the remaining utility charges within a defined ninety -day window. The second option would be to extend the payments out for twelve months. Under this option, the County would also collect. ten percent of the accrued penalties and interest. Below is an example of the payoff options for the single-family property with the highest receivable balance. Total Amount Owed Service Availability Penalties & Interest Service Type Payment- Option 1 Payment - Option 2 $67,505 $8,562 $58,943 Water & Sewer $8,562 $14,456 Many of the 131 account holders currently have no interest in activating their utility service at this time. Thus, for any account holder who utilizes one of the payment options, staff suggests allowing the property owner to choose to keep the ERU or to permanently disconnect from the system. Any property owner who chooses to permanently disconnect will be required to sign a document that attests that they understand impact fees and connection charges in place at the time of reconnection will have to be paid before reconnecting to the system. If disconnecting from the system, all physical tie-ins to the utility system will be terminated. Keep in mind that the long-term goal is to settle or write-off the excessive accounts receivable balances and create a means by which to enable the owners of these properties to become viable customers again. If the debt affiliated with these properties remains intact and continues to grow exponentially, this cannot occur. Therefore, if neither payment option is exercised, staff will work with the County Attorney's office to pursue foreclosure. Foreclosure case law suggests that each reoccurring charge is a new lien or starting date, therefore the lien period would start on the date the new charge is incurred for that charge and lasts the five years for foreclosure and the 20 years for the statute of repose. See Bartrum v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016). Thus, the foreclosure step is necessary in order to allow owners of these properties that have the potential to become viable customers eventually. When the County forecloses on the property, it will be necessary to write off the entire receivable balance so that the County can sell the property without the encumbrance of the utility lien. Depending on the hypothetical sale of the property, the proceeds will be used to pay back IRCDUS some, or all, the accrued service availability charges. 95 IMPACT FEE LOANS The impact fee loans make up $95,000 in receivables, which is broken out between principle, and penalties and interest in the table below. Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Impact Fee Loans 14 $95,000 $34,000 $61,000 The 14 outstanding impact fee loans consist of 12 residential and two commercial properties. Ten of the properties have structures on them. Ten of the liens are over twenty years old. Similar payment options will be available for the holder of impact fee loan accounts as those for water and sewer accounts. If paid in ninety days, the account holder will pay any remaining principle balance of the original loan. If they choose the twelve-month option, they will pay the remaining principle amount plus ten percent of the additional penalties and interest that have accrued. For the accounts over twenty years old, if one of the payoff options is not chosen, the County will release the twenty -year-old lien since it is not enforceable. A notice will be filed in the clerk's records that describes the connection fees that will be due before the property can be reconnected to the County's utility system. If the property is vacant or not utilizing the utility system, but currently connected to the utility system, it will be permanently disconnected from the system. The County Attorney's office has already addressed a situation like this one for a property that recently sold. The buyer of such a property contested the lien that was over twenty years old and thus not enforceable. Therefore, a notice regarding connection fees was filed in the Clerk's records. A copy of the template for the notice is included with this agenda item in Attachment 1. ASSESSMENTS Assessments make up $640,000 in receivables, which is broken out between principle and penalties and interest in the table below. Account Type Number of Total Principle or Penalties & Interest Accounts Outstanding Service Debt Availability Assessments 150 $640,000 $270,000 $370,000 There are 150 expired assessment loan accounts with a total owed of $640,000. Only one of the accounts is for a commercial property. Seventy-nine of the liens are over twenty years old and not enforceable. The remaining 71 liens are over ten, but less than twenty years old, which means the loans are expired but still collectable. Two payment options will be offered to this group. However, the calculation will be done differently in order to ensure that no one in this group pays less than the property owners who paid off their assessments utilizing the original ten-year amortization schedule. The first option would be valid for a defined ninety -day period. Under this option, the customer would pay the same amount as they would have paid under the original ten-year assessment period. The second option would start with the same calculated amount but add 25% to that total, which will be used to offset the overhead costs for the manual billing, collections, and accounting efforts to collect these accounts. Under both options, credit will be given for any principle payments that were previously made. After the option periods expire, the debt on any unenforceable loans (over twenty -years old) will 96 be written off. A notice will be filed on the property describing future connection fees. This would ensure that anyone connecting to previously assessed utility lines would pay their fair share of the cost of the line. An example of the payment options is depicted in the table below. This example is a 1992 water assessment project that was originally $1,923.45 at a 9.75% interest rate for ten years. Original Original Original 10 year Amount Owed Payments 90 Day 12 Month Assessment Interest payment today Made Option Option Amount Rate amount $1,923.45 9.75% $3,096.80 $11,225.75 $0 $3,096.80 $3,871.00 Once policy is adopted for all of the different types of accounts, staff will send certified letters to all affected account holders. Information in the letter will outline the payment options that are available as well as the consequences of not choosing one of the options. Below is a summary of action items that need to be addressed in order to develop policies for handling the various aged receivable scenarios. The resulting polices will need to be adopted into county ordinance. WATER & SEWER ACCOUNTS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. 2. Establish a twelve-month period during which the County would waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over twenty-four consecutive months. 3. Direct staff to work with the County Attorney's office to pursue foreclosure on any properties that have owners who do not take advantage of any of the payment options. Once this process is complete, write off the accounts receivable balance and release the lien on the property. 4. Direct staff to establish a policy going forward to avoid delinquent accounts that are approaching the 24 -month deadline. IMPACT FEE LOANS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which the County will waive ninety percent of all penalties and interest on any expired impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. 97 ASSESSMENTS 1. Establish a ninety -day time period to waive some penalties and interest that have accrued on any expired assessment accounts. Only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original ten-year loan period. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period to waive some penalties and interest that have accrued on any expired assessment accounts. The total of the original loan payments would be the base of this calculation. Another twenty-five percent in fees will be added to this amount. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. Funding: Utility operating funds will be utilized when writing off most of the bad debt. However, any principle balance written off on impact fee loans would be assessed against the impact fee fund. An adjusting journal entry will record the bad debt expense for the amounts written off. More than likely, a budget amendment will be needed to cover this expense. After the expiration of the twelve-month period for the various settlement agreements, staff will present an informational item to the BCC that depicts actual amounts written off. At that time, the list of pending foreclosures will be presented as well. The worst case scenario impact to the utility funds is $3,067,000. This number will vary based upon which account holders decide to participate in the various payment options. Recommendation: Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to come back with an ordinance at a public hearing that will establish county code to adopt the various settlement options. It shall also define the 90 -day and 12 -month time periods described in the payment options. WATER & SEWER ACCOUNTS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. 2. Establish a twelve-month period during which the County would waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over twenty-fou,r consecutive months. 3. Direct staff to work with the County Attorney's office to pursue foreclosure on any properties that have owners who do not take advantage of any of the payment options and once this process is complete, write off the accounts receivable balance, and release the lien on the property. 4. Direct staff to establish a policy going forward to avoid delinquent accounts that are approaching the 24 -month deadline. IMPACT FEE LOANS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which the County will waive ninety percent of all penalties and interest on any expired impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. ASSESSMENTS 1. Establish a ninety -day time period to waive some penalties and interest that have accrued on any expired assessment accounts. Only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original ten-year loan period. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period to waive some penalties and interest that have accrued on any expired assessment accounts. The total of the original loan payments would be the base of this calculation. Another twenty-five percent in fees will be added to this amount. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. Attachment: Draft Notice of Future Charges 99 Parcel I D#: Service Address: ,FL Instrument prepared by the County Attorney's Office, and after recording should be returned to the County Attorney's Office NOTICE OF POTENTIAL FUTURE UTILITY CHARGES On the —day of , 2020, INDIAN RIVER COUNTY, (hereinafter COUNTY), released the property hereinafter described from the lien of that certain Assessment Roll included in Resolution No. 92-39 End recorded in O.R. Book Page, Records of Indian River County, Any future property owner connecting to utilities for water service for the property described below may be subject to certain charges including, but not limited7o various utility connection charges, impact fees, and a deposit. The property, located in-In�dianXRiver County, is more particularly described as follows: STATE"OF FI COUNTY"OF INSERT L 0 The foregoing 2020, County, Florida. He is pi Approved for form and legal sufficiency: County Attorney UTIL INDIA rA NTY, FLORIDA Vincent Burke, Director of Utilities Services ient was acknowledged before me this da of 9 Y nce`nt Burke, Director of Utilities Services for Indian River illy known to me. Notary Public Printed name: Commission # 100 ERCO Indian River County Florida 3 G,2 4 � �coMaster File Number: File ID: 20-2070 Type: Department Staff Report Version: 1 Project Number: Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircg6v.com Status: Agenda Ready In Control: Utilities Services File Created: 10/14/2020 Subject: Final Action: 10/20/2020 Title: Utility Accounts Receivable Bad Debt Internal Notes: halexander Sponsors: Attachments: Staff Report, Draft Notice of Future Charges Bid Number: Entered by: vburke@ircgov.com Related Files: History of Legislative File Ver- Acting Body: sion: Date: Action: Sent Ti 1 Board of County 10/20/2020 Approved Commissioners Action Text: A motion was made by Commissioner O'Bryan, seconded to return with an ordinance at a public hearing that would I proposed 90 -day and 12 -month time period payment optic look at making a settlement offer when liens reach four ye motion carried by the following vote: Notes: Director of Utility Services Vincent Burke stated Board tasked staff to bring back information on, utility accounts, and proposed options to enable accumulation of bad debt from reserve accounts Agenda Date: 10/20/2020 Agenda Number: 12.H.2. Enactment Date: Enactment Number: Hearing Date: Effective Date: Due Date: Return Result: Date: Pass Commissioner Zorc, to authorize staff iblish County code to adopt the and direct staff to establish a policy to of age, instead of 19 years. The that at the March 17, 2020 meeting, the crued delinquency fees and charges on taff to address and prevent the excessive noving forward. Director Burke, through a PowerPoint Presentation, broke down the number and dollar amounts of outstanding debt for the water and sewer accounts, impact fee loans, and assessments. He reviewed the various settlement �I ptions for each type of account and sought information from the Board regarding the proposed 90 -day and 12 -month time, period payment options for accounts that had accumulated over 24 consecutive months of Indian River County Florida Page 1 Printed on 2/10/2021 101 Master Continued charges. Commissioner O'Bryan received confirmation once the five-year foreclosure window expire outstanding debt for the next 15 years and aft( suggested establishing a policy that would rec the lien reaches four years of age instead of th more leverage to negotiate. A discussion folli on a homesteaded property, and protecting th( account from a non-paying to a paying status. Commissioner Zorc sought and received i 80 existing residential structures with 170 on the condemnation list, fully habitable s Aye: 4 Chairman Adams Vice Chairman Flesche Commissioner Zorc Commissioner O'Bryan Absent: 1 Commissioner Solari Text of Legislative File 20-2070 Utility Accounts Receivable Bad Debt from County Attorney Dylan Reingold that on the lien, the County could collect on the 20 years, the lien would disappear. He lire action to make a settlement offer when 19 years being proposed, giving the County wed on whether the law allowed foreclosure County's ability in the negotiation to get the n from Director Burke on whether the I residential units of water were either abandoned, or delinquent. Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to come back with an ordinance at a public hearing that will establish county code to adopt the various 02/16/2021 12.H.2. Utilities Accouhts Receivable Bad Debt s Aged Accounts Receivable Summary by Account Type Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Water &Sewer 159 $2,092,000. $590,000 $1,502,000 Impact Fee Loans 15 $ 140,000 $ 57,000 $ 83,000 .Assessments 159 $ 649,000 $281,000 '1 $ 367,000 Totals 333 $2,881,000 $928,000 $1,953,000 9 Cb Z - 1 02/16/2021 12.H.2. Water and Sewer Accounts Account Category Number of Total Principle or Penalties & Residential Accounts Outstanding Service Interest Commercial 6 Debt Availability 6 Water & Sewer 159 $2,092,000 $590,000 $1,502,000 Account Category Number of Accounts Waster ERUs Sewer ERUs Existing Structures Residential 148 142 111 101 Commercial 6 178 177 6 Totals 159 320 288 107 Impact Fee Loans Account Type Number of Total Principle or Service Penalties Accounts Outstanding Availability & Interest Debt Impact Fee Loans 15 $140,000 $57,000 $83,000 Ib2 r2 02/16/2021 12.H.2. Bad Debt Process j ()Z - 3 Kept i County writes off remaining balance as bad debt reement aL----------------------------------- 1 and releases lien on property Option1 i Sign payment agreement to pay 100% of i i ---------------------- I the principle within 90 days i------------------------------ Brok—. i l i See Did Not Choose Either OptionlI ' agreement- i i ----------------------- KaePeement -------- remainingCounty writes off a as bad --------- - - - - - - - - - - - property debt and releases lien on Option g payment a rP g ---------------------------------- ---------- and within 12 months ------------------------I - -interest L___________________________- Brok� I i See Did Not Choose Either Option agreement L------------------------;---------- Did not Accepted offer i-------------I----------, i County writes off remaining balance as bad debt choose -- ------------- --- ------- ----- i County to pursue foreclosure se tilement and releases lien on property r------------------------� --------- eit�—► option option L-----------------------------' Did not accept ----------------------- ----------------------------------- ----- i County pursues foreclosure settlement off------------------------ i - s j ()Z - 3 02/16/2021 12.H.2. Recommendations - Water & Sewer Accounts ➢ Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. ➢ Establish a twelve-month period during which the County will waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. ➢ Direct staff to work with the County Attorney's office to pursue foreclosure on any properties that have owners who do not take advantage of any of the payment options and once this process is complete, write off the accounts receivable balance, and release the lien on the property. ➢ Direct staff to establish a policy going forward to avoid delinquent accounts that are approaching the 24 -month deadline. Recommendations - Impact Fee Loans ➢ Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. ➢ Establish a twelve-month period during which the County will waive ninety percent of all penalties and interest on any expired impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. ➢ Direct staff to establish a policy going forward to avoid liens exceeding five years old, such that customers who are delinquent in their loan payments are notified of pending foreclosure at the 48 -month mark. The policy shall give the Director of Utility Services or his designee the authority to make a settlement offer. The settlement offer should never be for less than the remaining principle balance of the loan. The County shall pursue foreclosure, where applicable, on any lien not settled. CIAV2-4 02/16/2021 12.H.2. Recommendations - Assessments Establish a ninety -day time period to waive some penalties and interest that have accrued on any expired assessment accounts. Only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the joriginal ten-year loan period. Credit will be given for any principle payments made to date. Establish a twelve-month period to waive some penalties and interest that have accrued on any expired assessment accounts. The total of the original loan payments would be the base of this calculation. Another twenty-five percent in fees will be added to this amount. This is to ensure that no one who has an expired assessment account pays less than those customers who made their, assessment payments during the original ten-year loan period. Credit will be given for anylprinciple payments made to date. Direct staff to establish a policy going forward to avoid liens exceeding five years old, such that customers who are delinquent in their loan payments are notified of pending foreclosure at the 48 - month mark. The policy shall give the Director of Utility Services or his designee the authority to make a settlement offer. The settlement offer should never be for less than the remaining1principle balance of the loan. The County shall pursue foreclosure, where applicable, on any lien not settled. (02- 5 N61 February 16, 2021 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 4, 2021 SUBJECT: Resolution in support of the Legislature funding Florida Forever FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: a Request the Board consider and approve a Resolution in support of the Legislature funding Florida Forever at $125 million. 103 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR $125 MILLION FUNDING FOR FLORIDA FOREVER FOR FISCAL YEAR 2021-2022 WHEREAS, the Florida Forever program and its predecessor Preservation 2000 program have contributed immeasurably to environmental health, quality of life, recreation, and sustainability in Florida for this and future generations, and WHEREAS, Florida Forever, and its predecessor Preservation 2000, historically allocated $300 million annually to purchase and restore environmentally sensitive and outdoor recreation lands and has done so through numerous successful partnerships with cities, counties, state agencies, water -management districts, nonprofit organizations, private landowners, and others in achieving its conservation purposes, and WHEREAS, Florida Forever was the vehicle to deliver funding for land conservation by various state agencies, including the Florida Communities Trust (FCT). The FCT has been a successful local -government assistance program under the Florida Forever umbrella. It has assisted Florida's cities and counties in protecting their cultural and historical resources, meeting the challenges of growth management, and providing recreational outdoor experiences in both urban and rural settings, and 104 RESOLUTION NO. 2021 - WHEREAS, over thirty local Florida governments, including Indian River County, have enacted land -acquisition financing programs in past. decades, and those conservation programs serve to leverage Florida Forever funding and increase the impact of State land conservation funding, and WHEREAS, the residents of Indian River County have benefited greatly from the FCT program by receiving matching funds that helped fund twenty-one different acquisition projects while receiving over $25,000,000.00 from the program, and WHEREAS, after years of neglect by the Florida Legislature, the citizens of Florida voted overwhelmingly in 2014 to support the Florida Water and Land Conservation Amendment ("Amendment 1 ") to restore funding to Florida Forever, and WHEREAS, the Florida State Legislature has continued to underfund Florida Forever specifically, and land conservation generally, despite the passage of Amendment 1 with approval by over 75% of voters, and WHEREAS, the State .of Florida experienced the second largest population growth in the country from July 2019 -July :2020, adding over 240,000 new residents, which accelerated the pressures of development on environmentally significant lands, and WHEREAS, Indian River County desires to direct their local legislative delegation to make land conservation a priority again. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 2 105 RESOLUTION NO. 2021- 1. The Board encourages the Florida Legislature to fund the Florida Forever -program at $125 million. for Fiscal Year 2021-2022. 2. The Chairman is authorized to send this resolution to the Legislative Delegation and the Governor relaying its support for funding Florida Forever. 1 This resolution. shall be effective upon adoption. 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: 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 duly passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph Flescher, Chairman ATTEST: Jeffrey R. Smith Clerk of Court Deputy Clerk 3 106 February 16, 2021 ITEM 14.13.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 4, 2021 SUBJECT: Proposed Ordinance to prohibit the sale and distribution of tobacco products to persons under 21 years of age FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: Request the Board give consideration to directing the County Attorney to draft an ordinance to `prohibit the sale and distribution of tobacco products to persons under 21 years of age' 107 ORDINANCE NO. 2020 - 11 AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA, AMENDING CHAPTER 73, TOBACCO PRODUCTS, OF THE CODE OF THE CITY OF VERO BEACH, RELATED TO THE USE OF ELECTRONIC CIGARETTES; TO PROHIBIT THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Vero Beach recognizes that the use of tobacco products has devastating health and economic consequences; and WHEREAS, commercial tobacco use is the foremost preventable cause of premature death in America. It causes nearly half a million deaths annually and has been responsible for 20.8 million premature deaths in the United States since the first Surgeon General's report on smoking in 1964; and WHEREAS, tobacco product use leads to more than $300 billion in health care and lost worker productivity each year; and WHEREAS, young brains are particularly susceptible to the addictive properties of nicotine, which results in approximately three out of four teen smokers end up smoking into adulthood; and WHEREAS, an estimated 5.6 youths under the age of 17 are projected to die prematurely from commercial tobacco -related illness if prevalence rates do not change; and WHEREAS, in 2015, the institute of Medicine (now the National Academy of Medicine) concluded that raising the minimum legal sales age for tobacco products nationwide would reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and.save lives; and that raising the minimum legal sales for tobacco products nationwide to 2I would, over time, lead to a 12 percent decrease in smoking prevalence; and WHEREAS, 14 states and at least 475 cities and counties have enacted minimum legal sales age 21 policies to further restrict access to commercial tobacco; and WHEREAS, raising the age for tobacco sales in the City of Vero Beach, Florida, would lessen the accessibility of tobacco to minors and further the City's interest in furthering the health, safety, and general welfare of the residents of the City; and WHEREAS, the use of unregulated high-tech nicotine dispensing devices, commonly referred to as electronic cigarettes or e -cigarettes, is becoming more prevalent and wide -spread; and Page 1 of 8 108 WHEREAS, laboratory tests conducted by the U.S. Food and Drug Administration (FDA) have shown that e -cigarette vapors contain carcinogens, including nitrosamines. Further, FDA tests showed that e -cigarette vapors were found to contain toxic chemicals such as diethylene glycol, a common ingredient in antifreeze; and WHEREAS, bystanders are exposed to the vapor or "aerosol' emitted into the air by the users of e -cigarettes, which studies have reported such aerosol as containing, depending on the type and flavoring, formaldehyde, acetaldehyde, isoprene, acetic acid, 2-butanodione, acetone, propanol, propylene glycol, diacetin, nicotine, and other toxins, although such toxins were found in lower levels when compared to conventional tobacco cigarette emissions; and WHEREAS, studies measuring the effect of e -cigarettes on indoor pollution have also found elevated levels of nicotine, 1,2 -propanediol, glycerin, aluminum, and 7 polycyclic aromatic hydrocarbons classified as probable carcinogens by the International Agency for Research on Cancer; and WHEREAS, other governments and public health organizations, including the World Health Organization and the Canadian government's FDA equivalent, the Heath Products and Food Branch Inspectorate, have joined the FDA in speaking out about the potential dangers posed by e -cigarettes; and WHEREAS, the Florida Legislature has addressed the effects of smoking conventional tobacco products and second-hand smoke by adoption of the "Florida Clean Indoor Air Act," section 386.201, Florida Statutes. et seq., which Act prohibits smoking in specified indoor areas; and WHEREAS, the state and federal governments have otherwise been slow to respond similarly in a meaningfully manner regarding the public health issues and concerns caused by the use of e -cigarettes in indoor areas; and WHEREAS, protecting the citizens of the City of Vero Beach against exposure to indoor pollution and toxins produced from the use of e -cigarettes represents sound public health policy; and WHEREAS, a prohibition on the use ofe-cigarettes in the City of Vero Beach in the same places where the state has prohibited smoking serves an important municipal and public interest in furtherance of the health, safety, and general welfare of the citizens of the City of Vero Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section 1— Adoption of "Whereas" clauses. The foregoing "Whereas'' clauses are hereby adopted and incorporated herein as the legislative findings, purpose, and intent of this Ordinance. Page 2 of 8 109 Section 2 — Amendment of Chapter 73, Tobacco Products. Chapter 73, Tobacco Products, of the Code of the City of Vero Beach is hereby amended as follows: CHAPTER 73 — TOBACCO PRODUCTS ARTICLE I. - IN GENERAL Section 73-1. Title. This chapter shall be known and may be cited as the "Tobacco Products Ordinance." Section 73-2. Purpose and intent. It is the intent of this chapter to promote, protect; and improve the health, -safety; and general welfare of the citizens of the City of Vero Beach by discouraging the unhealthy practice of using tobacco and related products and to help prevent the addiction to nicotine, especially by young people, through regulation of the sale, merchandising, and use of certain tobacco, nicotine, and related products the regulation of which is not preempted to the federal or state government. Section 73-3. Definitions. As used in this chapter: Business means any sole proprietorship, joint venture, partnership, corporation, limited liability company, or other entity formed for profit making or nonprofit purposes, including but not limited to all retail establishments where goods or services are sold or offered for sale. City means all that area within the corporate limits -of the City of Vero Beach. Electronic cigarette and e -cigarette mean any electronic device composed of a mouthpiece, heating element, battery, and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as e -cigarettes, e -cigars, e -pipes, or under any other product name or description. Enclosed indoor ivorlgylace shall have the same meaning and definition as provided in the Florida Clean Indoor Air Act, section 386.201, Florida Statutes, et seq. Liquid nicotine means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and/or any other substance and manufactured for use with e - cigarettes. rage 3 of 8 110 Nicotine dispensing device shall have the same meaning and definition as provided in section 877.112, Florida Statutes. Open display unit, in the context of the retail sate of e -cigarettes and liquid nicotine, means any device, furniture, or furnishing within or upon which e -cigarettes or liquid nicotine are displayed to customers, and includes but is not limited to any case, rack, shelf, counter, table, desk, kiosk; booth, stand, and other surface. Person means any natural person, individual, sole proprietor, partnership, cooperative association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal entity. Retail e -cigarette shop means an enclosed indoor workplace dedicated to or predominately for retail sale of nicotine dispensing devices and e -cigarettes, liquid nicotine and/or other substances intended for use in such devices, and accessories for such devices and products, in which the sale of other products and services is merely incidental. Retailer means any person or business that operates a store, stand, booth, concession, or other place at which sales of e -cigarettes and/or liquid nicotine are made to purchasers for consumption or use. Self-service merchandising, in the context of the retail sale of e -cigarettes and liquid nicotine, means the open display of e -cigarettes and liquid nicotine, whether packaged or otherwise, for direct retail customer access and handling prior to purchase without the intervention of assistance of the retailer or the retailer's owner, employee, or agent. Such open display includes the use of an open display unit. Tobacco products mean any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption, or is likely to be consumed, whether chewed, smoked, absorbed, dissolved, inhaled; snorted, sniffed, or ingested by any other means, or any component, part or accessory of a "tobacco product, including but not limited to cigarettes; e -liquids; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff, snuff flour;. Cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco products also means vaporized nicotine or any other substance to the person inhaling from the device including, but not limited to, e -cigarettes, e -cigars, e -pipes, vapor products, or hookahs as prohibited in this chapter. Tobacco products also mean any component or accessory used in the consumption of tobacco products, whether or not they contain nicotine, including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes. Tobacco products do not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco -cessation product or as a tobacco -dependence product intended to assist tobacco users in quitting or reducing tobacco use, or for other medical purposes, and is being marketed and sold solely for such purpose. Page 4 of 8 Section 73-4 —73-20. Reserved. ARTICLE H. ELECTRONIC CIGARETTES Section 73-21. Sale of e -cigarettes to minors prohibited. No person, business, retailer, or other establishment shall sell, permit to be sold, or offer for sale to any person under 21 years of age any e -cigarette or liquid nicotine within the city. A violator of this section includes the person who sells, permits to be sold, or offers for sale any such product to a person under 21 years of age as well as his or her employer and any person who controls the person who sells, permits to be sold, or offers for sale any such product to a person under 21 years of age. Section 73-22. Self-service merchandising prohibited. (a) No person, business, retailer, or other establishment engaged in the retail sale of e - cigarettes or liquid nicotine shall sell, permit to be sold, offer for sale, or display for sale e- cigarettes or liquid nicotine within the city by means of self-service merchandising. (b) No person, business, retailer, or other establishment engaged in the retail sale of e - cigarettes or liquid nicotine shall place e -cigarettes or liquid nicotine in an open display unit within the city unless the same is located in an area that is inaccessible to customers. Section 73-23. Use of e -cigarettes prohibited where smoking prohibited. (a) A person may not use, employ, or otherwise operate any nicotine dispensing device or e -cigarette in any enclosed indoor workplace located within the city wherein smoking is prohibited pursuant to the Florida Clean Indoor Air Act, section 386.201, Florida Statutes, et seq. The exceptions provided in said Act that permit smoking in certain places shall also apply to Permit the use of nicotine dispensing devices and e -cigarettes in the same places designated in the Act. In addition, the use of nicotine dispensing devices and e -cigarettes may be permitteri in a retail e - cigarette shop. (b) The proprietor or other person in charge of any enclosed indoor workplace subject to the prohibition established in subsection (a) must develop and implement a policy for compliance with said prohibition. The policy may include, but is not limited to, procedures to be taken when the proprietor or other person in charge witnesses or is made aware of a violation of subsection (a) and must include a policy which prohibits an employee from using any nicotine dispensing device or e -cigarette in the enclosed indoor workplace. In order to increase public awareness, the proprietor or person in charge of the enclosed indoor workplace may, at his or her discretion, post signs stating "NO SMOKING OR USE OF E -CIGARETTES" or similar language as deemed appropriate. Page 5 of 8 112 ARTICLE III. – TOBACCO PRODUCTS Section 73-24. Prohibitions. It shall be unlawful for any person to sell, offer for sale, give away, or deliver any tobacco product, to any person under the age of twenty-one (2 1) years. If any person suspects that a minor is attempting to purchase or obtain any tobacco product, such person shall request and examine identification from the purchaser or acquirer and positively establish the purchaser's or acquirer's age as twenty-one (21) or greater before allowing the purchase or delivery of such products to occur. Section 73-25. Age Verification. Before distributing any tobacco product, or products regulated by this Article the distributor shall verify that the recipient is at least twenty-one (2 1) years of age. Distributors must verify the legal sales age by examining the recipient's government -issued identification. Verification is not required for a person over the age of thirty (30). That a recipient appeared to be thirty (30) years of age or older shall not constitute a defense to a violation of this section. Section 73-26. Signage. No person may sell or permit the sale of tobacco products or electronic cigarettes in the City of Vero Beach unless a clearly visible notice is posted at the location where tobacco products are available for purchase, which shall state and be legibly printed in letters at least one-half inch high that "The sale of tobacco products and electronic cigarettes to persons under the age of 21 is against City of Vero Beach law. Proof of age is required for purchase." Section 73-27 —73-34. Reserved. ARTICLE IV. – ENFORCEMENT Section 73-31. Enforcement; penalties. This chapter shall be enforced -as provided in the code enforcement ordinance, chapter 2,. article VII, section 2-26let seq. of this Code, subject however, to the following: (a) In response to a first violation of sections 73-21, 73-22, subsection 73-23(a), 73- 24, 73-25, or 73-26, a written warning with no civil penalty assessed shall be issued to the violator in order to inform the violator of the violation and encourage compliance with the law. For a subsequent violation the violator may be issued a code enforcement citation and assessed the appropriate civil penalty specified in section 2-300 of this Code, notwithstanding the violations occur at different locations. (b) In, response to a first observation of a violation of subsection 73-23(b), a written warning and notice to comply with subsection 73-23(b) within thirty (30) days shall be issued to the proprietor or other person in charge of the enclosed indoor workplace in order to inform such person of the violation and encourage compliance with the law. For a subsequent observation of a Page 6 of 8 . �­. . . _ 113 violation of subsection 73-23(b) after expiration of the thirty (30) day period the proprietor or other person in charge may be issued a code enforcement citation and assessed the appropriate civil penalty specified in section 2-300 of this Code. Such subsequent observation of a violation of subsection 73-23(b) in the enclosed indoor workplace establishes a rebuttable presumption of a violation of subsection 73-23(b). Section 3 — Conflict and severability:. In the event any provision of this Ordinance conflicts with any other provision of the Code or other applicable law, the more strict provision shall apply and supersede. if any phrase or portion of this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section 4 — Codification. The provisions of this Ordinance shall be codified in the Code of the City of Vero Beach, Florida. Section 5 — Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council. This Ordinance was read by title for the first time on the, )--'dayof f 1 2020, and was advertised on the day of. Plik J1A,(f 2020, for a`public hea in,, to be held on the " day of . z_j %�1 2024;�at the conclusion of which hearing it was moved for ado tion b Couri lmember L, p y _ seconded by ; Councilmember - F_ [' C and adopted by the following vote of the City Council: Mayor Anthony W. Young �l Vice -Mayor Laura Moss Councilmember Robbie Brackett `.t e_.cl Councilmember-Joe Graves � `; Councilmember Rey Allen Neville Page 7 of 8 n .t. - .... 114 ATTEST: �. Tammy K. 18ursick City Cleric Seal: Approved as to form and legal sufficiency: J n S. Turner City Attorney CITY OF VERO BEACH[, FLORIDA Dai_. ADMINISTRATIVE REVIEW (For Internal Use Only -Sec. 2-77 COVB Code) Approved as to technical requirements: David E: Curr y -� Chief of Polic Approved as conforming to municipal policy: Mon e K. Falls, P.E. City Manager Approved as to technical requirements: Jason" H. Jef'fdA, AICP Planning & Development Director Page 8 of 8 115 I PUBLIC HEALTH POINT-OF-SALE June 2019 LAW CENTER at Mitehnll Mamllno Vchool of Law 0 0 FLORIDA LOCAL RETAIL TOBACCO LICENSING ORDINANCE With Purchase Age of 21 0 In January 2019, Alachua County became the first focal government in Florida to require tobacco retailers to obtain a license. Through licensing and related regulations, Florida cities and counties have the opportunity to address the sale of commercial tobacco and related devices and products in the retail environment.' This model ordinance includes all of the minimum retail tobacco sales restrictions required by Florida state and federal law. It also includes a number of additional provisions a local government may choose to adopt in order to further advance public health. A city or county planning to adopt this model ordinance, in whole or in part, should review it with its attorney beforehand to determine suitability. While the model ordinance language can be modified by adding or omitting content concerning activities 116 PUBLIC. HEALTH LAW CENTER- that ENTER June 2019 that a city or county does .or does not seek to regulate, doing so may result in an ordinance that does not conform to state law, federal law, and best public health policy practices. Because provisions within this model ordinance are controlled by statute and rule, the city or county attorney should review any modifications to ensure they conform to state and federal law. In addition, because the ordinance establishes rights and responsibilities of both the local government and license applicants. and holders, the city or county attorney should review the entire ordinance before it is adopted. The Public Health Law Center provides legal technical assistance.to help communities that wish to adopt commercial tobacco control ordinances. We encourage communities to contact us for assistance when considering this model language. Notice In order to properly adopt an ordinance, cities and counties in Florida must follow specific processes set out in state statute. Section 125.66 sets out the process for counties; Section 166.041 sets out the process for cities. These. statutes .include requirements for notice, publication, and form. Tips for Using This Model Ordinance The best possible world is one without the death and health harms associated with commercial tobacco use. Communities differ on their readiness and willingness to adopt certain commercial tobacco control policies that are intended to help make that world a reality. As such, this model ordinance represents a balance between state.and federal minimum standards, best public health policy practices, and practicality for local governments in Florida. This model ordinance contains several policy components that go beyond state minimum requirements and communities may or may not -choose to adopt at this time, including: • Raising the legal purchasing age to 21; • Restricting the sale of flavored tobacco products, including menthol.; • Regulating the price of commercial tobacco products, such as establishing minimum prices R for cigars and restricting price promotions and coupon redemptions; • Regulating the distance between tobacco retailers, youth -oriented facilities and other retailers; and • Prohibiting pharmacies from selling commercial tobacco products. i PUBLIC HEALTH LAW CENTS% uY Mii�ne�r Nainijne sehootortevw June 2018 Context Boxes Context boxes are included throughout this -model ordinance to explain some key provisions. These boxes are not meant to.be included in any final ordinance. A city or county wishing to adopt all or part of this model ordinance should keep this in mind and remove the context bones. While the Public Health Law Center does not lobby, advocate, or directly represent communities, adopting effective commercial tobacco control policies starts early with education, stakeholder and community engagement, and a strong advocacy plan. If a community is unaware of the resources available to them for engaging the community and developing an advocacy plan, or if a city or county is considering adopting an ordinance and is interested in learning about the range of resources available, the Public Health Law Center can provide assistance through our publications and referrals to experts in the field. In certain, limited circumstances, Public Health Law Center staff may be able to speak at public hearings or work sessions to provide education about particular policy options. This retail tobacco licensing ordinance was prepared by the.Public Health Law Center, located at Mitchell Hamline School of Law in St. Paul, Minnesota, under a grant from Counter Tools. The Public Health Law Center provides information and legal technical assistance on issues related to public health. The Center does not lobby nor does it provide direct legal representation or advice. This document should not be considered legal advice. This publication and its companion, setting a minimum sale age of 18, represent the only Florida model local retailer licensing policies endorsed by the public Health law Center, 118 PUBLIC HEALTH LAW CENTER R%MltcAetl Nsmline Scdool.ot Law ORDINANCE NO. [ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF [ ; ) COUNTY, FLORIDA / CITY COUNCIL OF [ 1, FLORIDA, REGULATING THE SALE OF TOBACCO AND RELATED DEVICES AND PRODUCTS Section 1. Findings. 5 Section 2. Definitions. 7 Section 3. License. 9 Section 4. Fees, 13 Section 5. Basis for Denial of License. 14 Section 6. Prohibited Acts. 14 Section 7. Responsibility. 16 Section 8. Compliance Checks and Inspections. 17 Section 9. Other Prohibited Acts. 17 Section 10. Exceptions and Defenses. 18 Section 11. Violations, and Penalties. 19 Section 12. Severability. 21 Section 13. Effective Date. 21 3une 2019 _. _ .. 119 PUBLIC HEALTH LA�V, CENTEI: it M40-41 iUMIJn0 khd l of iaM, Title Florida state statutes require both city and county ordinances to have a title. Cities have the additional limitation that ordinances shall "embrace but one subject, [which] shall be clearly stated in the title." The title should state Whether the ordinance is amending an existing section of the city or county code, or whether it is creating a new section. Section 1. FindingS.z WHEREAS, the use of tobacco products has devastating health and economic consequences; and WHEREAS, tobacco use is the foremost preventable cause of premature death in America. It causes half a million deaths annually and has been responsible for 20.8 million premature deaths in the U.S. over the past 50 years since the first Surgeon General's report on smoking in 1964; and WHEREAS, this leads to more than $300 billion in health care and lost worker productivity costs each year; and WHEREAS, young people are particularly susceptible to the addictive properties of tobacco products and are particularly likely to become lifelong users;.and WHEREAS, an estimated 5.6 million youth aged.0 to 17 are projected to.die prematurely from a tobacco -related illness if prevalence rates do not change; and WHEREAS, national data show that about 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use; and WHEREAS, young brains are particularly susceptible to the addictive properties of nicotine. As a result, approximately 3 out of 4 teen smokers end up smoking into adulthood; and WHEREAS, electronic smoking device use among minors (ages 11-17) increased in Florida from 5.7% in 2012 to 26.3% in 2018; and WHEREAS, research demonstrates that flavored tobacco products are especially attractive to youth, who are an enticing target market for the tobacco industry, and these products have been shown to increase initiation among all populations by masking the harsh taste of tobacco and nicotine; and 3une 2013 120 _ PUBLIC HEALTH, LAW CENTER at Mitchell HamlinoSchoal of law WHEREAS, the U.S. Food and Drug Administration has commissioned two extensive reports that document the evidence and conclude that removing menthol from all commercial tobacco products would benefit the public's health and save thousands of lives, 33 to SO percent of which would be African American; and WHEREAS, studies have found positive associations between student smoking and the proximity of tobacco retailers to schools; and WHEREAS, studies have shown an association between lower. life expectancy and high tobacco retailer density; and WHEREAS, restrictions on the availability of tobacco products through self-service means has been shown to reduce minors' access to tobacco; and WHEREAS, the current use rate of cigarettes, cigars, smokeless tobacco, hookah, and electronic vaping among Florida youth (ages 11-17) is 19.1%. Additionally, 33.1% of Florida youth have tried any of these products; and WHEREAS, the City/County now desires to require tobacco product distribution licenses for vendors of certain products. Purpose and Findings June 2019 A Purpose and Findings section is important because it provides the evidentiary basis for the proposed commercial tobacco control policies and demonstrates the city or county's reasoning for adopting specific provisions. This section can be updated regularly to include relevant -data such as current rates of tobacco use, updated estimates of the cost of tobacco use, etc. The Public Health Law Center can provide support for communities to determine which Purpose and Findings statements and references should be retained in a final ordinance, depending on which provisions from the model ordinance the city or county chooses to adopt. 121 - a 10 PUBLIC HEALTH LAW CENTER KMltth@l4 HxmRnx S<haat,nt:taw NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ) COUNTY/ CITY COUNCIL Of [ 1, FLORIDA, AS FOLLOWS: Section 2. Definitions. Except as may otherwise be provided or clearly implied by context, all terms are given their commonly accepted. definitions. For the purpose of this ordinance, the following definitions apply unless the context clearly indicates or requires a different meaning: CHILD -RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(6), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. COMPLIANCE CHECKS. The system the city/county uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this ordinance. COMPLIANCE CHECKS involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. COMPLIANCE CHECKS may also be conducted by the city/county or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage; herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. IMITATION TOBACCO PRODUCT. Any edible non -tobacco product designed to resemble a tobacco product, or any non -edible tobacco product designed to resemble a tobacco product and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco snuff tins. IMITATION TOBACCO PRODUCT does not include nicotine dispensing devices or nicotine products, June 2019 122 Aphk 10 PUBLIC HEALTH LAW CENTER ad Mitchel; H ­6 a 5ch-1 of Law LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco -related device, nicotine dispensing devices or nicotine products.. LOOSIES. The common term used to refer to single or individually packaged cigars or cigarettes,. or any other licensed product that has been removed from its intended retail packaging and offered for sale. LOOSIES does not include individual cigars with a retail price, after any discounts are applied and before any sales taxes are imposed, of at least [ $4.00 ] per cigar. MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. NICOTINE DISPENSING DEVICE. Any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo; electronic pipe, or other similar device or product.3 NICOTINE PRODUCT. Any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but.does not include a: (1) Tobacco product; (2) Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act; or (3) Product that contains incidental nicotine PERSON. Any natural person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation, or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity. PHARMACY. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are delivered. RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. The phrase includes but is not limited to grocery stores, tobacco products shops, hookah lounges, convenience stores, gasoline service stations, bars, and restaurants. ]une 2019 _ _ .. 123 - PUBLIC HEALTH LAW CENTEK bt Mlkt ell-Nsmline Schaot oflaw SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE DISPLAY. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee. TOBACCO PRODUCT.. Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is.likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.' TOBACCO -RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco. products. TOBACCO -RELATED DEVICE includes components of tobacco -related devices or tobacco products, which may be marketed or sold separately. T09ACCO-RELATED DEVICES may or may not contain tobacco. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion.of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product. YOUTH -ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Youth - oriented facility includes, but is not limited to, schools, playgrounds, recreation centers, and parks. Section 3. License. (A) License required. No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the city/county. (B) Application. An application for a license to sell licensed products must be made on a form provided by the city/county. The application must contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the.name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City/County Clerk will forward the application to the City Council / Board of Commissioners for action.at its next regularly scheduled meeting. If the City/County Clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to June 2019 124 PUBLIC HEALTH LAW CENTER a Mifchall Ha :Mine School of law make the application complete. If an applicant has multiple premises in the City/County where tobacco products are to be distributed, the distributor must obtain a license for each separate premises. (C) Action. The City Council / Board of Commissioners may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the City Council / Board of Commissioners approves the application, the City/County Clerk will issue the license to the applicant. If the City Council / Board of Commissioners denies the application, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the decision. (D) Term. All licenses issued are valid for one calendar year from the date of issue. (E) Revocation or suspension. Any license issued maybe suspended or revoked following the procedures set forth in Section 11. (F) Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (G) Moveable place of business. No license will be issued to a moveable place of business. Only fixed -location businesses are eligible to be licensed. (H) Display. All licenses must be posted and displayed at all times in plain view of the general public on the licensed premises. (1) Renewals. The renewal of a license issued under this ordinance will be handled in the same manner as the original application. The request for a renewal must be made at least 30 days, but no more than 60 days, before the expiration of the current license. O) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. (K) Minimum clerk age. Individuals employed by a licensed retail establishment under this ordinance must be at least [ 18 or 211 years of age to sell licensed products. 3une 2014 125 10 PUBLIC HEALTH LAW CENTER A MQth.fl Mdmflne Ua _l of Lew Minimum Age for Clerks June. 2019 Cities/counties may be interested in establishing a minimum age for employees that work for licensed tobacco retailers. Doing so ensures that employees are of or above the minimum legal sales age for commercial tobacco sales. If a city/county chooses to raise the minimum Legal sales age,to 21, but leave the minimum clerk age at 18, clerks between the ages.of18 and 20 can legally sell licensed products within the purview of their employment, but would be unable to purchase them. (L) Maximum number of licenses. The maximum number of licenses issued by the city or county at any time is limited to C see context box below 1. When the maximum number of licenses has been issued, the city or county may place persons seeking licensure on a waiting list and allow them to apply on a first-come, first-served basis, as licenses are not renewed or are revoked. A new applicant who has purchased a business location holding a valid city or county license will be entitled to first priority, provided the new applicant meets all other application requirements in accordance with this ordinance. Licensing Cap Communities with a higher density of commercial tobacco retailers expose more youth and young adults to commercial tobacco industry marketing and make it easier for youth and young adults to obtain licensed products. This encourages commercial tobacco initiation; use, and brand choice. One way to address retailer density issues is to place a cap on the number of tobacco retailer licenses that may be issued by the city or county. The above provision would set the maximum number of licenses available. Cities and counties can choose how to structure a licensing cap to meet the needs of their communities. Potential options include setting the cap at the number of existing licensed retailers or limiting the number of licensed.retailers based on population density. A city or county may also want to limit licenses to those that currently exist and reduce the number of available licenses over time, as licenses are revoked or expire and are not renewed. Cities and counties are encouraged to work with local public health departments, city and county attorneys, and the Public Health Law Center todetermine the appropriate licensing cap provision for their community. For more information.on retailer density, review our publication, Location, Location, Location: Regulating Tobacco Retailer Locations for Public Health. 126 PUBLIC HEALTH LAW CENTER rt Mitchx'fF WYmfi.0 Sct+ocl of tmv (M) Proximity to youth -oriented facilities. No license will be granted to any person for a retail establishment location that is within [ 1,000 ] feet of a youth -oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth -oriented facility. This restriction does not apply to'an existing license holder who has been legally selling licensed products in that same location for at least one year before the date this section was enacted into law. (N) Proximity to other licensed retailers. No license will be granted to any person for a retail establishment location that is within f 2,000 1 feet of any other existing licensed retail establishment, as measured by the shortest line from the property line of the space to be occupied by the applicant for a license to the nearest property line of the existing licensee. This restriction does not apply to an applicant who has been legally selling licensed products in the same location for at least one year before the date this section was enacted into law. Proximity Restrictions 3une 2019 Research has demonstrated that policies requiring set distances between retailers and between retailers and youth -oriented facilities help to reduce tobacco retailer density and increase prices for commercial tobacco products. These proximity buffers have the largest impact in urban, low-income neighborhoods, which have been historically targeted by the tobacco industry with pervasive marketing and price promotions at the point of sale. The greatest public health impacts are seen when these policies are combined with a cap on the number of licenses issued. Luke, D. A., Hammond, R. A., Combs, T, Sorg, A., Kasman, M., Mack -Crane, A. Henriksen, L. (2017). Tobacco Town: Compu- tational Modeling of Policy Options toaReduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740-746; Myers, A. E., Hail, M. G., Isgett, L. F., & Ribisl, K. M. (2015). A Comparison of Three Policy Approaches for Tobacco Retailer Reduction. Preventive Medicine, 74, 67-7; and Ribisl, K. M., Luke, D. A., Bohannon, D. L., Sorg, A. A., & Moreland -Russell, S, (2017). Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales near Schools. Nicotine & Tobacco Research: Official Journal of the Society for Research on Nicotine and Tobacco, 19(2), 239-244. (0) Pharmacies ineligible for licensure. No license will be issued to any pharmacy, including any retail establishment that operates or contains an on-site pharmacy. 127 -- PUBLIC HEALTH LAW :CENTER az mfthcli Nnm!ino §khool of taw Pharmacy Prohibitiont 3une 2019 Several communities have adopted laws prohibiting pharmacies from selling commercial tobacco products. These laws have been shown to significantly reduce commercial tobacco retailer density when compared to communities without similar laws. These gains have had the greatest impact on neighborhoods with higher median income, education, and proportion of non -Hispanic white residents. Althoughpharmacy restrictions alone are unlikely to address health disparities, some studies have shown that these policies are most effective when combined with proximity restrictions. Giovenco, D. P., Spillane, T. E., Mauro, C. M., & Hernandez,D. (2018). Evaluating the Impact and Equity of a Tobacco -free Pharmacy Law on Retailer Density in New York City Neighbourhoods. Tobacco Control, tobaccocontrol-2018-054463. Jin, Y., Lu, B., Klein, E. G., Berman, M., Foraker, R. E., & Ferketich, A. K. (2016). Tobacco -Free Pharmacy Laws and Trends in Tobacco Retailer Density in California and Massachusetts. American Journal of Public Health, 106(4), 679-685. (P) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. (Q) Instructional program. Licensees must ensure that all employees complete a training program on the legal requirements related to the sale of licensed products and the possible consequences of license violations. Any training program must be pre -approved by the city/county. Licensees must maintain documentation demonstrating their compliance and must provide this documentation to the city at the time of renewal, or whenever requested to do so during the license term. Section 4. Fees. No license will be issued under this ordinance until the appropriate license fees are paid in full. The fees will be established by the city's fee schedule and may be amended from time to time. Licensing Fees Fees provide revenue for the administration and enforcement of the ordinance and for retailer and community education. Periodic review and adjustment of licensing fees will ensure that they are sufficient to cover all administration, implementation, and enforcement costs, including compliance checks. Our publication, Retail License Fees, provides more information about retail licensing fees and a license fee checklist. Change Lab Solutions has a Fee Calculator to help estimate an appropriate fee. 128 _ PUBLIC HEALTH LAW CENTER A4 M74chNf HAm1�ne,5t4+col of 4aw Section S. Basis for Denial of License. (A) Grounds for denying the. issuance or renewal of a license include, but are not limited to, the following: (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. (3) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any of the information required on the licensing application, or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance., or other regulation from holding a license. (B) Except as may otherwise be provided by law, the existence of any particular ground for denial does not compel the city to deny the license. (C) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this ordinance. The city/ county will provide the license holder with notice of the revocation, along with information on the right to appeal. Section 6. Prohibited Acts. (A) In general. No person shall sell or offer to sell any licensed product: (1) By means of any type of vending machine. (2) By means of loosies as defined. (3) By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (B) Legal age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees must verify by means of government -issued photographic identification that the purchaser is at least 21 years of age. Verification is not required 7une.2019 _..._. _ .. 129 - 11DPUBLIC HEALTH LAW CENTER at Mlkhell Namline5edoot o{ laa for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. No person may sell or permit the sale of tobacco products in the City of [ ] / [ ] County unless a clearly visible notice is posted at the location where tobacco products are available for purchase. The City/County shall provide this notice, which shall state "The sale of tobacco products to persons under the age of 21 is against the law in [CITY NAME / [ ] COUNTY]. Proof of age is required for purchase" legibly printed in letters at least one-half inch high.' (C) Self-service sales. No person shall allow the sale of licensed products by any self-service displays where the customer may have access to those items without having to request the item from the licensee or the licensee's employee and where there is not a physical exchange of the licensed product from the licensee or the licensee's employee to the customer. All licensed products must be stored behind the sales counter, in another area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling licensed products at the time this ordinance is adopted must comply with this section within 90 days of the effective date of this ordinance. (D) Flavored products. No person shall sell or offer for sale any flavored products. Sales of Flavored Products June 2019. Research demonstrates that flavored tobacco products are especially attractive to youth. These products increase initiation among all populations by masking the harsh taste of tobacco and nicotine. Flavors like menthol and clove also provide a numbing effect that lead to longer breath- holding. This makes quitting flavored tobacco products difficult, Overwhelmingly, youth begin using tobacco with flavored products. Restricting the sale of flavored tobacco products to stores that youth and young adults cannot enter can reduce youth access to, and advertisements for, flavored products. For more information, please review our publication: Regulating Flavored Tobacco Products. (E) Cigars. No person shall sell or offer to sell any cigar that is not within its intended retail packaging containing a minimum of [ five ] cigars and for a sales price, after any discounts are applied and before sales taxes are imposed, of less than [ $12.50 ] per package. This provision does not prohibit the sale of a single cigar with a sales price, after any discounts are applied and before sales taxes are imposed, of at least [ $4,00 ]. 130 __ PUBLIC HEALTH LAW CENTER ac AtEtChplt Ngmllno 5choo9 of Ww (F) Imitation tobacco products. No person shall sell, offer to sell, or otherwise distribute any imitation tobacco products within the city/county. (G) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in a nicotine dispensing device, in packaging that is not child -resistant. Upon request by the city/ county, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. (H) Price promotion and coupon redemption. No person shall accept or redeem any coupon or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any licensed products to a consumer at no.cost or at a price that is less than the non -discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. Product Discounts June 2019 The price of tobacco products directly affects the consumption levels, particularly among price -sensitive consumers, including youth, young adults, and those with limited financial means. The commercial tobacco industry uses innovative pricing strategies to entice new customers to purchase their products, to discourage current users from quitting, and to reduce the effectiveness of tobacco tax increases in decreasing tobacco sales and increasing users' quit attempts. These pricing strategies include "buy -one -get -one" coupons, cents= or dollar -off promotions, and multi -pack offers, which are often marketed and redeemed at the point-of-sale. Jurisdictions can prohibit the redemption of these price discounts to negate the sophisticated discounting strategies of the commercial tobacco industry. Please see our publication, Death on a Discount: Regulating Tobacco Product Pricing, for more information on product pricing. Section 7. Responsibility. All licensees are responsible for the actions of their employees in regard to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. Nothing in this section shall be construed as prohibiting the city/county from also subjecting the employee to any civil penalties that the city/county deems to be appropriate under this ordinance, state or federal law, or other applicable law or regulation. _. .. _..._. _ .. 131 PUBLIC HEALTH LAW CENTEk at Mitrfiell Namlc+e BtFsaol of taw Section 8. Compliance Checks and Inspections. All licensed premises must be open to inspection by law enforcement or other authorized city/ county officials during regular business hours. From time to time, but at least [ twice ] per year, the city/county will conduct.compliance checks. The city/county will conduct at least one compliance check that involves the participation of a person between the ages of 16 and 20 to enter licensed premises to attempt to purchase licensed products. Prior written consent is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. Section 9, Other Prohibited Acts. Unless otherwise provided, the following acts are an administrative violation of this ordinance: (A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years of age or older to purchase or otherwise obtain. any licensed product on behalf of a person under the age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to coerce a person under the age of 21 to illegally purchase or attempt to purchase any licensed product. (B) Use of false identification. It is a violation of this ordinance for any person to use any form of false identification, whether the identification is that of another person or has been modified or tampered with to represent an age older than the actual age of the person using that identification. June 2015 132 __ PUBLIC HEALTH LAW CENTER ct Mftcttetl Namlina ScheW of Law Penalizing Underage Purchase, Use, and Possession and -the Use of a False Identification .June 2019 Prohibiting the attempted and actual possession, use, and purchase (PUP) of licensed products by underage persons or the use of a false ID to purchase tobacco products is a part of many ordinances around the country and Florida state law.' However, this model ordinance does not include penalties for underage PUP and only provides non -criminal, non -monetary penalties for the use of false IDs. At its core, a licensing ordinance is intended to regulate the behavior of licensees. Penalizing underage persons detracts from the focus of the licensing code and siphons enforcement resources away from the licensees to young consumers, many of whom are addicted to nicotine. It is important to note that, even if PUP provisions are not included in an ordinance, retailers have the authority to ask underage persons to leave the premises if they attempt to purchase products. There is no strong evidence to support an assertion that PUP penalties are effective in significantly reducing youth smoking. Historically, these laws were lobbied for by the commercial tobacco industry to punish youth users while the industry simultaneously targeted, and continues to target, youth to replace a dying consumer base and maintain profits in a dwindling market. Furthermore, many advocates are concerned that PUP penalties open the door to selective enforcement against youth from certain racial, ethnic, and socio-economic groups. Evidence suggests that youth of color are disproportionately over -represented in similar status -level offenses, increasing their interactions with law enforcement and resulting in their introduction to the criminal justice system. Finally, Florida law currently penalizes PUP and the use of false IDs and no further enforcement is needed at the local level. Some of these concerns may be alleviated by offering alternative non -criminal, nonmonetary penalties as suggested below in section 11(6)(3). For further reading on the history of PUP laws and the disproportionate enforcement of laws against youth of color and indigenous youth, please see Wakefield, M., & Giovino, G. (2003). Teen penalties for tobacco possession, use, and purchase: evidence and issues. Tobacco Control,12(suppl 1), 6-03. Section 10. Exceptions and Defenses. (A) Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this ordinance prevents the provision of tobacco or tobacco -related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. 133 -- PUBLIC HEALTH LAW CENTER aS Mktchill NamlFne Sf.M010(l2w (5) Costs. If the citation is upheld by the hearing officer, the city/county's actual expenses in holding the hearing up to a maximum of [ $1.0001 must be paid by the person requesting the hearing. (6) Appeals. Appeals of any decision made by the hearing officer must be filed in 11 County district court within 10 business days of the date of the decision. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (B) Administrative penalties. (1) Licensees. Any licensee found to have violated this ordinance, or whose employee violated this ordinance, will be charged an administrative fine of [ $200] for a first violation and will be subject to a 7 -day license suspension; [ $5001 and a 30 -day license suspension for a second offense at the same licensed premises within a 24 -month period; and C $7501 and a 90 -day suspension for a third or subsequent offense at the same location within a 24 -month period. Upon a fourth violation within a 24 -month period, the license will be revoked with no option to reapply:$ (2) Other individuals. Individuals, other than persons under the age of 21 regulated by division (B)(3) of this section, who are found to be in violation of this ordinance will be charged an administrative fine of [ $501. (3) Persons under the Age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non- criminal, non -monetary civil penalties such as tobacco -related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council/ Board of Commissioners will consult with court personnel, educators; parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city/county. The penalty may be established by ordinance and amended from time to time. (C) Misdemeanor prosecution. Nothing in this section prohibits the city/county from seeking prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21 years of age or older. June 2019 134 -- PUBLIC HEALTH LAW CENTER at MRCW1 HLmr_ Sd..J c! L.. (B) Reasonable Reliance. It is an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. Section 11. Violations and Penalties. (A) Violations. (1) Notice. A person violating this ordinance may be issued, either personally or by mail, a citation from the city/county that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including.a contact address and phone number. (2) Hearings. (a) Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City/County Clerk or other designated officer. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person's right to a hearing: (b) The City/County Clerk or other designated officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. (3) Hearing Officer. The City Council/ Board of Commissioners will designate a hearing officer. The hearing officer will bean impartial employee of the city/county or an impartial person retained by the city/county to conduct the hearing. (4) Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city/county and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city/county and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in section 11, division (A)(6) of this section. 3une 2019, 135 0 PUBLIC HEALTH LAW CENTER At Mitchell HemPno Scholl of Law Section 12. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision.. Section 13. Effective Date. This ordinance becomes effective on the date of its publication. Endnotes 1 Although Florida law preempts the ability of local governments to restrict smoking in public places, there is no compa- rable provision related to regulating tobacco at the point of sale through licensing regulations. See Florida Statutes, Sec. 386.209. 2 These findings are modified from the findings in the Alachua County licensing ordinance. 3 This definition matches the definition in Florida Statutes, Sec. 877.1120)(a). 4 This definition matches the definition in Florida Statutes. Sec. 877.112(1)(b). 5 This is a broader definition than the one found in Florida Statutes, Sec. 569.002(6). That definition is limited to prod- ucts made from tobacco leaves that can be smoked, sniffed, or chewed. b This provision is based on language in the Alachua County licensing ordinance. Should a Florida city or county adopt an ordinance with a minimum legal sale age of 18 rather than 21 it would be preferable to use signage language that mirrors the language required by Florida Statutes, Sec. 569.14. 7 See Florida Statutes. Sec. 569.11. 8 The graduated license suspension system is borrowed from Alachua County's licensing ordinance. June 2019 136 ISO Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 5, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject:. Fifteenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 Landfill as well as non -Class 1 Landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Per the Consumer Price Index (CPI) approval on August 18, 2020, the overall payment for the Non -Class I Landfill Services for January 1, 2021, through December 31, 2021, is $3,187,823.65 per year. The routine Operation and Maintenance (O&M) of the .landfill gas system is part of the current agreement. On March 3, 2020, the SWDD Board approved the Thirteenth Amendment and on July 14, 2020, the SWDD Board approved the Fourteenth Amendment to Contract Agreement that included additional O&M services to be provided by Republic Services through December 2020. Republic Services has provided the attached proposal from their subcontractor SCS Field Services (SCS) for these services from January 2021 through December 2021. In addition, the SCS proposal includes the scope and cost for the excavation and repair of a leak to the air compression system. On September 15, 2020, the SWDD Board approved a Recyclables Transfer and/or Disposal Procurement Agreement, which included a clause by Republic Services to assist SWDD with the relocation cost of the existing recycling transfer facility. The Fifteenth Amendment includes language to memorialize this assistance in the agreement. Staff is recommending. approval of the attached Fifteenth Amendment to Republic Services.to provide these additional services. Analysis: Republic Services has provided a proposal from their subcontractor, SCS Field Services, for the additional O&M services from January 2021 through December 2021. These costs are summarized below in Table 1: 137 Table 1. 2020/2021 Annual O&M Cost Comparison .Description 2020 Cost 2021 Cost Annual Adjustment Task 1— Flare Operation, Wellfield Operation $28,620 $28,620 $0 Task 2 — Reporting. $16,200 $18,000 $1,800 Task 3 — Liquid Level Monitoring and Reporting $4,400 $4,400 $0 Task 4 — Condensate Sump and Dewatering Pump $7,760 $12,000 $4,240 Maintenance (13 additional pumps) Task 5 — Condensate Pump Maintenance $3,000 $3,000 $0 Task 6 - Flare Station Blower Lubrication/Check Valve $5,000 $5,000 $0 Inspection/Flow Straightener Inspection Task 7 - Air Compressor Preventative $11,600 $7,500 $-4,100 Maintenance (April through December) Task 8 — Weekly GHG Monitoring (new task) $11,900 $23,800 $11,900 Task 9 - Flow Meter Calibration (new task) $3,000 $6,000 $3,000 Total 2021 Increase $16,840 Adding the 10% management fee to Republic Services results in a total cost increase of $18,524, or $1,543.67 per month, for the period of January 1, 2021, through December 31, 2021. The overall payment for Calendar Year (CY) 2021 Non -Class 1 Landfill services shall be adjusted from the current $3,187,823.65 per year (or $265,651.97 per month) to $3,206,347.65 per year (or $267,195.64 per month). Additionally, the SCS proposal includes the scope and cost for the excavation and repairing of a leak to the air compression system at a cost of $30,535. Adding the 10% management fee to Republic Services results in. a total lump sum cost of $33,588.50. The agreement also includes language related to the agreement by Republic Services to relocate the existing single stream transfer facility -at their cost. Since this approval is being requested in February 2021, the difference in the additional cost for January 2021 will be added to the February 2021 invoice. Funding: Funding for the SWDD non -Class 1 Landfill services is budgeted and currently available in the SWDD recycling account, which is funded from SWDD assessments and user fees. However, the approval of this Fifteenth Amendment will require a budget amendment to complete the 2020/21 fiscal year. Description Account Number Amount Republic Services, LP Contractual Services 41125534-033489 $267,195.64 (per month). Republic Services, LP Contractual Services 41125534-033489 $33,588.50 (lump sum) 138 Recommendation: Solid Waste Disposal. District staff recommends that its Board approve the Fifteenth Amendment to Republic Services landfill contract for the additional landfill gas operation and maintenance services; and authorize the Chairman to execute the agreement. Attachment: 1) SCS Field Services Proposal 2) Fifteenth Amendment to Republic Services 139 2021 Landfill Gas System Operations and Maintenance at the Indian River Landfill (Revision #2) Indian River County, Florida Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 SCS FIELD SERVICES 07220072.00 1 January 22, 2021 Brian Basconi 5850 S. Semoran Blvd. Orlando, FL 32822 401-486-4897 140 Table of Contents Section Page Introduction................................................................................................................................... 2 Scopeof Services......................................................................................................................... 2 Task 1 - Flare and wellfield operation and maintenance ............................................... 2 Task2 - Reporting.................................................................................................................. 3 Task 3 - Liquid Level Monitoring and Reporting................................................................. 4 Task 4 - Semi-annual pump maintenance........................................................................ 4 Task 5 - Quarterly Condensate sump pump maintenance ............................................ 4 Task 6 - Flare Station Blower Lubrication/Check Valve Inspection/Flow Straightener Inspection............................................................................................................................... 4 TASK 7 - Air compressor preventative maintenance....................................................... 4 TASK 8 - Weekly GHG Flare Readings................................................................................ 5 TASK 9 - Flow Meter Calibration.......................................................................................... 5 Non -routine services and maintenance.................................................:..........................5 Assumptionsand Conditions.......................................................................................................5 FeeEstimate.................................................................................................................................. 6 Appendix A - Maintenance documents and checklists........................................................ 8 Appendix B - Air Compressor preventative Maintenance Quote ...................................... 16 Indian River Landfill O&M Proposal Page i www.scsengineers141 INTRODUCTION SCS Field Services has been providing operation and maintenance (0&M) of the landfill gas collection and control system (GCCS) at the Indian River Landfill on behalf of Republic Services (Republic) since 2013. In 2018, a large area of the landfill known as segments one and two underwent a closure. Part of this closure was to expand the GCCS into the upper segments of one and two, which previously did not have any landfill gas (LFG) collection. In addition to the GCCS expansion, several repairs were made to the landfill gas flare station, which include but are not limited to control panel upgrades, centrifugal blower maintenance and repair, moisture separator and flame arrester replacement and the installation of a new air compression station. This proposal outlines an updated scope of work that includes expanded services based on recent site changes and conversations between SCS -FS, Republic and Indian River County (County). SCOPE OF SERVICES • Task 1 - Flare System and Wellfield Operation and Preventative Maintenance • Task 2 - Monthly Reporting • Task 3 - Semi -Annual Liquid Level and Preventative Pump Maintenance • Task 4 - Additional Services and Maintenance Each of these tasks are described below. TASK 1 - FLARE AND WELLFIELD OPERATION AND MAINTENANCE SCS -FS will perform routine site visits twice per month to the Indian River Landfill. During each site visit, major components of the GCCS such as flare systems, condensate pumps and LFG header piping will be checked to ensure that the GCCS is operating normally. Monitoring data of the GCCS will be logged in a major components checklist and will be submitted in each monthly report. Any abnormalities observed during scheduled inspections will be reported to Republic immediately. Monthly operation and monitoring (0&M) reports will be prepared to present the data to Republic and summarize any LFG system operating issues that may require additional attention. Routine 0&M of the GCCS is described in further detail in the sections below. Blower/Flare Station The Indian River Landfill currently operates one candlestick flare system that is equipped with three centrifugal blowers. The flare will be operated in auto -mode unless in an emergency circumstance or for the purposes of troubleshooting system issues it requires manual operation. During each routine site visit, SCS -FS will measure (and/or observe) and record at the flare station: • LFG flow; • LFG composition (methane, carbon dioxide, oxygen, and balance gas) at the inlet to the knockout pot and flare inlet; • Main inlet header vacuum and flare inlet pressure; • Blower/flare control panel status; • Flame arrestor pressure drop; Indian River Landfill O&M Proposal Page 2 www.scsengin Knockout pot pressure drop; Air compressor outlet pressure. Based on monitoring data at the blower/flare station, adjustments will be made to increase or decrease flow to maintain gas quality and provide vacuum to the gas collection system. SCS -FS has developed a site-specific preventative maintenance checklist that will be completed by the field technician during each scheduled site visit and at the pre -determined frequency intervals. The preventative maintenance checklist records will be kept on site and included in the monthly 0&M reports as applicable. Manufacturer recommended preventative maintenance documents and checklists are included for your reference as Appendix A. LFG Extraction System System components will be observed for proper operation. Minor problems such as damaged or deteriorated monitoring ports will be replaced during the check. Major problems will be relayed to Republic immediately. At each extraction point, we will measure (and/or observe) and record: • LFG flow (where possible); • LFG composition (methane, carbon dioxide, oxygen, and balance gas). • Wellhead gas pressure. • Wellhead gas temperature. • Well head piping and well bore seal condition at the landfill surface will be noted; • Inspect the cover integrity of the landfill and note it in the daily logs. In conjunction with the extraction well monitoring, adjustments will be made at each well as required to maintain odor control, and system balance/methane composition. TASK 2 - REPORTING SCS -FS will submit an 0&M report summarizing routine and non -routine activities, if applicable, that were performed during the preceding month. The 0&M report will contain the following monitoring and maintenance records: • Wellfield monitoring results (two rounds of data per month); • 6 -month rolling wellfield monitoring results; • Bi -weekly GCCS checklist; • Flare Station preventative maintenance checklist; • Rolling 12 -month condensate sump pump counter data; • Recommended GCCS Repairs; • Semi-annual pump maintenance summary; • Semi-annual liquid level data; • Quarterly air compressor work logs (provided by sub -contractor). Indian River Landfill OSTM Proposal Page 3 www.scsengineers TASK 3 - LIQUID LEVEL MONITORING AND REPORTING SCS -FS will measure liquid levels in each of the vertical extraction wells every six -months. Liquid temperatures will be recorded in wells containing pumps. SCS -FS will submit the collected data in the Republic formatted liquid level table in the monthly 0&M report that coincides with each completed round of measurements. SCS -FS will also provide a list of wells that may require pumps based on historical field measurement data. TASK 4 - SEMI-ANNUAL PUMP MAINTENANCE SCS -FS will remove each of the 34 pneumatic pumps located in condensate sumps and LFG vertical extraction wells (a 13 -pump increase from 2020) to check operation of the pumps and identify corroded or faulty components that need to be replaced every six -months. SCS -FS will provide Republic with a summary of findings along with a recommended parts list based on our findings. SCS -FS will make efforts to coordinate purchasing pumps or replacement parts in advance of each scheduled preventative maintenance cycle so parts can be replaced during routine inspections. TASK 5 - QUARTERLY CONDENSATE SUMP PUMP MAINTENANCE SCS -FS recommends that the pumps located in the five condensate sumps be serviced at a quarterly frequency. Due to the corrosive nature of landfill gas condensate and the important function of the condensate sumps to keep the collection system fully operation, removing the pumps once each quarter will allow for components prone to failure due to corrosion to be identified and replaced before the pump fails. TASK 6 - FLARE STATION BLOWER LUBRICATION/CHECK VALVE INSPECTION/FLOW STRAIGHTENER INSPECTION In addition to the manufacturers recommended maintenance the following items will be performed twice per year: o Removal and inspection of bearings and housing following alternative greasing plan. Replacement grease will be added as needed; o Blower Outlet check valve inspection and cleaning; o Flow Straightener inspection. TASK 7 - AIR COMPRESSOR PREVENTATIVE MAINTENANCE Once per quarter, SCS -FS and a qualified air compressor service company will perform minor and major services on the three air compressors and two air dryers located at the flare station based on manufacturer's recommendations. The first quarter of 2021 is covered under the existing service agreement with Air Compressor Works that was submitted in 2020. This proposal covers maintenance for the second, third and fourth quarter of 2021 to coincide with the calendar year. The services will be performed by Comp -Air Service Co. Additional information on air compressor maintenance is referenced in Appendix B. Indian River Landfill O&M Proposal Page 4 www.scsengineers TASK 8 - WEEKLY GHG FLARE READINGS Currently SCS -FS performs scheduled flare readings twice per month. Additional weekly flare readings will be performed as needed on weeks that are not scheduled for a flat fee. Once per quarter during weekly site visits the flow meter will be cleaned and inspected. All flare readings will be taken with a factory calibrated GEM 5000 portable landfill gas meter or an equivalent instrument. During weekly flare readings, the gas meter will be field calibrated with a 50% methane/35% carbon dioxide calibration mix and 4% oxygen. TASK 9 - FLOW METER CALIBRATION The flare station flow meter is factory calibrated once per year per the RS standard operating procedure. To minimize risk of drift outside the 5% tolerance SCS -FS recommends factory calibrating the flow meter every 6 months and performing an "as found" bench test prior to calibration as an alternative to quarterly field accuracy checks. During each calibration, a loaner unit will be installed by SCS -FS. Once the site meter is calibrated, the loaner meter will be removed and the site meter re- installed. Each occurrence will be performed on a flat fee basis. Any additional repairs beyond calibration and the bench test of the site meter will be at an additional cost. NON -ROUTINE SERVICES AND MAINTENANCE Non -routine maintenance and repairs will be performed on an as -needed basis. Prior to performing non -routine services SCS -FS will submit a proposal to Republic for approval. Each proposal will include a scope of work and costs. In the event that a proposal cannot be provided prior to performing work due to circumstances that require an immediate response time, SCS -FS will provide a summary of the work that was performed and costs in a proposal subsequent to the work. ASSUMPTIONS AND CONDITIONS This scope of services and corresponding fee estimate are based on the following assumptions and conditions: 1. SCS is not responsible for trace constituents in the flare stack gas with respect to the potential health and safety hazards associated with flaring of the gas. 2. Additional reporting and/or analysis that may be requested by Republic will be performed as a non -routine service and billed on a time -and -materials basis. 3. Propane or nitrogen for the blower/flare station will be provided by others. 4. The scope of services, labor schedule, and compensation for the 0&M tasks was developed assuming that field personnel would perform routine services Monday through Saturday during regular working hours (7:00 a.m. to 5:00 p.m.) with unrestricted site access for personnel, equipment, and materials to enable completion of the work. 5. Work will be performed in OSHA Level D protection and in accordance with the SWANA Landfill Gas Management Division's, "A Compilation of Landfill Gas Field Practices and Procedures', dated August, 2011. Additional health and safety requirements can be provided with an adjustment in our price. 6. All permits (environmental, labor, structural, electrical, etc.) will be provided by others. Indian River Landfill O&M Proposal Page 5 www.scsengineers 7. Republic is responsible for notifying SCS of any risks at the site and all environmental, safety and health procedures required by any applicable federal, state and/or local law, regulations, and order. 8. Pricing is valid for 60 days following the date of this proposal. 9. The pricing provided is valid through December of 2021 or is subject for adjustment if the work scope changes based on increased quantities or frequency of services. 10. This proposal and Assumptions and Conditions shall become a part of a mutually satisfactory contract agreement or purchase order. FEE ESTIMATE The following tables show a breakdown of 0&M tasks and costs based on the GCCS expansion and additional services from the original Republic contract. In 2020 there was an addendum issued to reflect an increased 0&M cost of $37,640 based on the proposal dated January 21, 2020. There will be an increase of $16,840 for 20210&M services from the 2020 proposal amount. Table 1. summarizes the cost increases per cost from 2020 to 2021. Table 2. summarizes the total cost per task for 2021. Table 1.2020/2021 Annual 0&M Cost 2020 Cost 2021 Cost Annual Comparison Adjustment Task 1 - Flare Operation, Wellfield Operation $28,620 $28,620 $0 Task 2 - Reporting $16,200 $18,000 $1,800 Task 3 - Liquid Level Monitoring and Reporting $4,400 $4,400 $0 Task 4 - Condensate Sump and Dewatering $7,760 $12,000 $4,240 Pump Maintenance (13 additional pumps) Task 5 - Condensate Pump Maintenance $3,000 $3,000 $0 Task 6 - Flare Station Blower Lubrication/Check $5,000 $5,000 $0 Valve Inspection/Flow Straightener Inspection Task 7 - Air Compressor Preventative $11,600 $7,500 $-4,100 Maintenance (April through December) Task 8 - Weekly GHG Monitoring (new task) $11,900 $23,800 $11,900 Task 9 - Flow Meter Calibration (new task) $3,000 $6,000 $3,000 Total 2021 Increase: $16,840 Indian River Landfill O&M Proposal Page 6 www.scsengineers Table 2.20210&M Costs Quantity Units Cost Total Task 1 - Flare Operation, Wellfield Operation 12 Month $2,385 $28,620 Task 2 - Reporting 12 Month $1,500 $18,000 Task 3 - Liquid Level Monitoring and Reporting 2 Semi- Annual $2,200 $4,400 Task 4 - Condensate Sump and Dewatering 2 Semi- Annual $6,000 $12,000 Pump Maintenance Task 5 - Condensate Pump Maintenance 2 Semi- Annual $1,500 $3,000 Task 6 - Flare Station Blower Lubrication/Check 2 Semi- Annual $2,500 $5,000 Valve Inspection/Flow Straightener Inspection Task 7 - Air Compressor Preventative 3 Quarters $2,500 $7,500 Maintenance Task 8 - Weekly GHG Monitoring 28 Weeks $850 $23,800 Task 9 - Flow Meter Calibration 2 Ea. $3,000 $6,000 Total Updated 20210&M Cost: $108,320 CLOSING SCS -FS appreciates the opportunity to provide our proposal to Republic Services. If you have any questions or require any additional information, please contact Brian .Basconi at 401-486-4897. Sincerely, Brian Basconi Project Manager SCS Field Services BB/GAC Garold (Tony) A. Cartee Regional Manager/Vice President SCS Field Services Indian River Landfill O&M Proposal Page 7 www.scsengineers APPENDIX A - MAINTENANCE DOCUMENTS AND CHECKLISTS Indian River Landfill O&M Proposal I Page 8 www.scsengineers148 This Form to be replaced by site-specific maintenance checklist. Reference only. I , S.pECIALTiESf rA vaRLOLEADER/N1ANDN11;OldsMMACENUT': Flare Station Routine Operation & Maintenance Schedule Components Frequency of Service Schedule g" Dail wceWv week) Month) B)- INnnikl Semi- anaunll As Annual) .Needed Condensnle Knock -nut pot see Section Y Check liquid level J D Drain KOP Y Inspect Internal Coating, cover gasket and clean demister pad J D Rai ten cover bolts J Pneumatic Header, irapplirable see Section ' Y. Check Nitro en su 1 J ID Check Sup2lX Pressure 25 psip) D Check valve petformancd J D Check supply lines for luaka c J I.FY; Blower (see Section V) D Ins a Foundation & correct deficiencies J . _ Cbeck Conditions of isolation pads �t :D Check blower motor alignment �! D Check hearing tcmpcmwre .J D Check vibration levels, ,f D Re -lubricate hcurings per specification 'J D Inspect drive belts and Ilex bouplin _ J D Clean vtgItilatiod o enin m ofblowee motor J D Re -lubricate motor bearings J ID Check wire connection for corrosion & ti,hhtras J D Dmin any Condensate from housing Piping see Section V) D Check all valves for proper operation J D Retighten all flan a bolt connections J D Check all flange gaskets for leakage J • Cheek rubber expansion Joints for wear �l Y Check piping alignment ,f . Flow Meter (See Section V) _ ➢ Clean flow meter probe t Calibrate.. flow meter J t b4UG Wi- Route ZZIlEast Findlay, Ohio. 45840 -Phone (419)424-4999 - Fax (419)424-079.1 Indian River Landfill O&M Proposal Page 9 www.scsengineers149 LF6��SPECIALT�E A'WDRLDLEADERINIANDf/11 GASlitANARfIIffN/ Flare Station Routine Operation & Maintenance Schedule Components Frequency of Service Schedule - _ Bi- Daily Weekly Weekly Bi. SemF Monthly Monthly annually As Annually Needed [°tame Arrester see Section D Check back pressure &. clean bank nssembi Propane Pilot System see Section li D Check propanesu 1 P. Check propane supplX eressure 5 psi D - Chcck solenoid manual override _ • Clan solenoid valve per speci8aitions ➢ Clean pressure regulator vent D Check all connections for teaks Flare control panel see Section VI) ➢ . Cie' Q maintain inswnwnls per spccifrcation. N1 i +D Rcpfacc rumrdcr chart paper Rcpluce rccordcr pat ti �I D Check enclosure for moisture D Check wife eonocctions for corrosion ti unec+ Y Chcck pancl li it butbs Y Check cmcrgencyshutdowm Y Check pyeAn ptrmissive �t Please rcfcr to the manufnctur is O&M durin an rc laccmcnt of nits Gut sheets are included in the LF(; manual 1 16406 U.S. Route 224 Easi Findlay, Ohio 45840 -Phone (419)424.4999 • Paz (419)424-4991 Indian River Landfill O&M Proposal Page 10 www.scsengineers r' B. Grease Lubrication The greatest cause of bearing failure is over greasing rather than under greasing. For this reason, HSI does not recommend use of permanently installed grease fittings as they invite overgreasing. A special high speed grease is required in grease -lubricated machines. Use of any other type of grease without explicit approval of HSI Service Department will automatically VOID THE MACHINERY WARRANTY. GREASE SPECIFICATIONS NGLI GRADE .................................................... NO. 2 THICKENER TYPE ................................ POLYUREA THICKENER % . • . , ... •.. • • • ................................ 8.0 VISCOSITY ..... . ..................... CST @ 40° CELCIUS VISCOSITY INDEX ..... ............:...:............................. 97 DROPPING POINT (ASTM D2285) ........................... .470oF(243 C ADDITIVES ...............................OXIDATION & RUST INHIBITORS TEMPERATURE RANGE .......................-22-F(-20°C)TO 350°F(177°C) TEXTURE ......................................... .SMOOTH. BUTTERY COLOR ............. ............. DARK GREEN Prior to shipment, blower/exhauster bearings are adequately lubricated for 1500 hours of operation under normal operating conditions. If ee months or more have elapsed since shipment from the factory, remove bearing housing covers and inspect for moisture due to condensation. To add grease during operation: i. Remove plugs from top and bottom of bearing housing (see diagram on page 30) ii. Bring blower/exhauster up to a stabilized operating temperature. iii. Add grease through the top opening in the specified amount (see diagram on page 30) iv. Reinsert plug in top opening V. After thirty minutes wipe off expelled grease and reinstall bottom plug. 22 Indian River Landfill O&M Proposal Page 11 www.scsengineers Alternate Greasing Procedures: Recommended e e n or six months of abnormal operating conditions such as high speed operation (V-beft), dirty environment, high pressure and temperature. i. With the machine fully stopped, remove bearing cover and plugs. ii. Remove all old grease; from bearings, housing and cover by flushing with a dean solvent. iii. Repack face of bearing by hand and add remainder of specified amount to bottom half of bearing cover. iv. Reinstall plugs and bearing cover and start unit. able 3: Grease Quantities Series Full Replacement Periodic Addition 031 1.6 oz. (459) 1 oz. (28g) 051,052 3.1 oz. (87g) 2 oz. (56g) 081, 082, 086 5.5 oz. (1548) 3 oz. (84g) 23 Indian River Landfill O&M Proposal Page 12 www.scsengineers n X. MAINTENANCE s Some simple maintenance procedures will help prolong the life of your blower. 1. Periodically inspect foundation and correct if deficiencies are found. Check for level condition and correct as necessary. 2. Check condition of isolation pads and replace as necessary. 3. Make sure lubrication maintenance schedule is established and adhered to. j 4. Periodically check all valves in system. A stuck or broken valve can cause severe damage to equipment. 5. Alignment should be checked and corrected twice yearly.. 6. Check pipe supports and adjust if necessary. 7. Keep equipment clean. If machine is oil lubricated, be sure to keep oiler bottle clean so oil, or lack of, can be seen. Keep oil breather cleaned to prevent leaks. 8. Follow motor manufacturer's recommendations for motor maintenance. 9. Vibration readings and bearing temperature readings should be taken periodically i to monitor the condition of the machine bearings which are the most critical J component in your machine. If equipment to do this is not available, consult HSI. i s b 24 Indian River Landfill O&M Proposal Page 13 www.scsengineers Indian River landfill LFG Control Systems Preventative Maintenance Schedules Updated for Device: LFG Specialties Candlestick Flare Unit #1865 Onsna(andr� 8141ak?, thed, List Comments: Indian River Landfill O&M Proposal Page 14 www.scsengineers Mw— Comments: Indian River Landfill O&M Proposal Page 14 www.scsengineers I Indian River Landfill LFG Control Systems Preventative Maintenance Schedules Updated for Device: LFG Specialties Candlestick Flare Unit #1865 Semi -Annual (January/July) Operator Name: Components Date: Date: Piping Check All Flange Gaskets for Leaks Check Rubber Expansion Joints for Wear Remove and Clean Flow Straightener Blowers Remove and Clean Check Valves Remove and Repack Grease Flow Meters Clean Total Flow Meter Probe Clean GCS Flow Meter Probe Propane Pilot System Check Solenoid Manual Overide Clean Pressure Regulator Vent :Check All Connections for Leaks Clean Solenoid Valve per Specifications Control Panel Check Wire Connections for Corrision Check Wire Connections for tightness Annual (January) Operator Name: Components Date: Knock Out Pot Inspect Internal Coating, Cover Gasket and Clean Demister Pad Retighten Cover Bolts LFG Blower Inspect Foundation and Correct Deficiencies Check Condition of Isolation Pads Check Blower Motor Alignment Check Wire Connection for Corrosion & Tigtness Flame Arrester Check Differential Pressure Clean Element (As Needed) Piping Retighten All Flange Bolt Connections Inspect Piping for Chipped Paint and Rust Check Piping Alignment Flow Meter Calibrate Flow Meter Flare Control Panel Clean and Maintain Instruments per Specifications Prove Out Alarm Shutdown Permissives Indian River Landfill O&M Proposal Page 15 www.scsengineers APPENDIX B - AIR COMPRESSOR PREVENTATIVE MAINTENANCE QUOTE Indian River Landfill O&M Proposal Page 16 www.scsengineers O`,} Proudly Serving Florida Since 1957 1-800-229-2667 Indian River Landfill Attn: Brian Basconi Quote # 15968 January 8, 2021 JAS G�qojffM�S IQ1T' KS �� ®BECKER A;R CGGPRESSORS" - emmm"Imcmm• hv0t••� ""�11OL��` -- — MIAN-1I I ORIANDO I TAMPA I Fr. MYERS (JACKSONVITAA-s I VALDOSTA Indian River Landfill O&M Proposal Page 17 www.scsengineers Comp -Air Service Co. is pleased to have the opportunity to quote you this preventative maintenance agreement Preventative Maintenance Agreements are specially designed to ensure our customers equipment operates at optimal efficiency and availability, which helps to minimize overall costs and promotes worry -free operation. Comp -Air Service Co. will relieve'you of the burden of maintenance planning, and we wili.take over responsibility for servicing your equipment on a regular basis. You will be. notified when services are due, and a mutually acceptable date and time will be arranged. Regular preventative services will significantly reduce the chances of a break down, as potential problems will be recognized before the equipment experiences an unexpected failure, which could cause urnvanted downtime. Comp -Air Service Co. can provide solutions for all your compressed air needs. From generation to point of use, we promise to get the best performance from your whole compressed air system. Parts and lubricants that are specially developed for your compressor needs are kept in stock, and our service technicians are always up to date with our maintenance standards. Please feel free to contact me directly if you have any questions related to this quote, or if you have questions about any of our other products. Best regards, Arsenio Galarza Service Sales Engineer 2549 Pemberton Or Apopka, FL 32703 Cell: 407-637.6645 Email: agalarza@comp-air.com fs R`CURi1i S &OMLIM'ZEKS COH®BECKER A:R RIAPRESSORS." arm:ssad+mc+xi�a` "`°`••"""""'"civr1is' "-""� \4IAMI I ORLANDO I TANIYA j IFE MYEIR.S I JACKSONVILLE' J VALDOSTA Indian River Landfill O&M Proposal Page 18 www.scsengineersMjV Covered Equipment KaeserAS02 11024 Rotary, (� CA046 1 3 Kaeser AS025 1021 Rotary I CA046 3 l Kaeser TD61 w/ Filter �— 2624 y I Air Dryer L Na Package _1 Kaeser TD61 vlrl Filter 2b25 Air Dryer n!a 3 Package ----JL- Description -JL_ Description of Services We will perform service visits to the customer's location and will replace filters and lubricants per manufacturer's recommendations. All parts and labor are included in the below pricing. Our Labor includes the following: REPLACE COMPRESSOR FILTERS& LUBRICANT AT PROPER INTERVALS INSPECT AND CLEAN AIRAXLCOOLERS INSPECT & TIGHTEN ELECTRICAL CONNECTIONS INSPECT DRIVE COUPLING FOR BROKEN ELEMENT INSPECT & NOTATE ELECTRICAL READINGS INSPECT FOR OIL LEAKS AND TIGHTEN HOSE CONNECTIONS INSPECT & NOTATE TEMPERATURE READINGS INSPECT LOAD AND UNLOAD PRESSURE SETTINGS INSPECT RECEIVER TANK DRAINS FOR PROPER OPERATION INSPECT CONTROL AIR LINES AND CHECK VALVES FOR LEAKS INSPECT GAUGES, VALVES AND OTHER INSTRUMENTATION INSPECT SAFETY RELIEF VALVE ON MACHINE AND RECEIVER TANKS INSPECT BELTS AND SHEAVES INSPECT FOR ABNORMAL NOISES & VIBRATIONS INSPECT & CLEAN OIL SCAVENGE LINES INSPECT OIL LEVEL & TAKE OIL SAMPLE TEST RUN UNIT TO ENSURE PROPER OPERATION RESET APPLICABLE MAINTENANCE WARNINGS WIPE DOWN AND CLEAN COMPRESSOR DISPOSE OF USED OIL AND FILTERS INSPECT AIR DRYERS FOR PROPER OPERATIONS & CLEAN CONDENSER COILS (WHERE -APPLICABLE) �S G"�lJR�1S A/Mj6ff'ZEKjp ®BECKER AtR CGGPRESSOPS CMRtS=M.=aa=• "'�t°' O^""'u�°"1"`' """- NIIIni1.1I I ORLANI)O I TAMPA I FT. iNlYll,RS j JACKSONVILLE' I VALDOSTA Indian River Landfill O&M Proposal Page 19 www.scsengineers Service Agreement. Pricing The following conditions apply to the above: Total Price for Year — $6;390.00 ($2,130.00 per visit) Total number of visits/yr. — 3 Payment Terms: Net 30 Days—W.A.C. Length of Service Agreement: 1 Year Quote i# 0-16968 (This proposal does not include any applicable sates tax or freight.) • Unless there is redundancy of compressed air supply at the facility, we will need to shut doom the compressor to perform preventative maintenances. Customer must ensure equipment is ready and available to be serviced at the time of service, or additional charges may be incurred. • Alternative air supply is not covered under this pian, and customer will be responsible for the cost of a rental air compressor should the need arise. • Breakdowns and repairs caused by negligence on the customer's part, abuse, or operation outside specified parameters may not be considered for warranty. • Repairs or upgrades beyond the scope of this agreement will be invoiced separately after authorization by the customer. • Neither party shall be liable for any special, indirect, punitive, or consequential damages, including but not limited to, loss of total or partial use of products, downtime costs, loss of profits, or revenues. • This agreement may be cancelled by either party with 30 days written notice and may only be cancelled after paying list price for services that have already been performed. • Comp -Air. Service Company reserves the right to not renew this service agreement after the expiration of the term Of this agreement. This quote is valid for 30 Days from generation. By signing this agreement, you are authorizing Comp -Air Service Company to invoice as detailed above by using the Purchase Order provided. All pricing applies to services performed during normal working hours, weekdays, from 1:30am — 4:30pm. Work performed outside of our normal working hours is subject to overtime charges that are 1.5 times our normal rate. Comp -Air Service Co. Terms and Conditions of Sale (T&C CTB -10036) are an integral part of this agreement. •.2-tiines normal labor gate applies to services performed on. Sundaes or Holidays. Customerltnature: X tate: / / Customer PO (If appl16ble): r5 �5, SS `IML1OiT ZEKS 1 ©EECKER AiRCOMPRESSORS" ...... s. r.wc.�s:ur.N-m.,sya----•---- NMIAMI { ORLANDO j TM%4PA J Fr. 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PARIS, d SERNCE9.YW CMmlUteaY_^UAOta ast;bKe mitnseterms and (GiffU0r13 PaRprxae, tnu9y RaY.atls a pmtares a PeA[us rare m aEY.nDa coat fttTt m SVPGts!^t «rlpuce7l!e+rni atalmsPflf. hA1m m SELLER m rlfed rMaWlrNktfLtt a moms• muA rad mTgt• as ardor d vete BUY[R a]Ratt•VR6 tlx tarot ramex bras aM mreaoarn a!dun8;attftd3 Ur! C«haWsimaJ.Ygan C[e-C !S I JRi1S . �S M ' ZEKS map OBECKER AIR COMPRESSBPS RL'YYJSfJMKie'L`d' nrmek'[A' "'a'sr'rnsa}"e �"`�• � \111AMI I ORLANDO I TAiMPA I FT. MVERS I JAt SONVILLE I VALDUS'TA Indian River Landfill O&M Proposal Page 21 www.scsengineers Environmental Consulting & Contracting January 21, 2021 Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 Subject: Proposal to Excavate and Repair Air Compression System Leak - Revision Two Indian River Landfill, Vero Beach, Florida Dear Mr. Lewis: SCS Field Services (SCS -FS) is pleased to provide this proposal to you for the subject work. SCS -FS is prepared to schedule the work immediately upon receipt of approval. The scope of work and budgetary estimate are outlined below. BACKGROUND During the month of November 2020, SCS -FS identified and located a section of airline piping located on the north slope that was damaged. The north end of the airline was capped and abandoned in place. An attempt to locate the pipe on the south slope outside the closure area was unsuccessful and the airline has been isolated. After reviewing as builts of the airline and discussions with Republic and the County, SCS -FS recommends locating the airline within the existing closure area on the south slope near well A-1 to cap and abandon (Figure 1.). SCOPE OF WORK Task One: Excavation and Air -Line Repair SCS -FS will provide equipment, materials and labor to expose the airline between well A-1 and the southeast sump. The airline which services the sump and passes through the landfill east of well A-1 will be cut and capped to abandon in place. A new section of airline will be connected to the existing air pipe and routed to the southeast sump to service the condensate pump. The location of the excavation is on the edge of the closure area .where segments two and three meet. A portion of the lining system may need to be removed in order to gain access to the airline pipe. Restoration of the closure area is included in task two. Task Two: Closure Repair SCS -FS and Comanco Environmental Corporation (CEC) will provide labor and equipment to repair sections of the closure area that were impacted during the airline repair. Material will be provided by the County. Task Three: Construction Quality Assurance and Certification Report SCS Engineers will provide field CQA staff to oversee the repair work performed by CEC. Following the repair SCS Engineers will provide a signed and sealed liner certification report of the repair. 1900 NW Corporate Ave, Suite E300, Boca Raton, Florida 33431 %-' ,62 Mr. Brian Lewis January 21, 2021 Page 2 COMPENSATION The cost to perform the scope of work outlined above is based on the following daily and lump sum rates. For budgetary purposes, SCS -FS has estimated the number of days to complete the work. Description Cost Qty. Sub -Total Task One: Excavation and Air -Line Repair SCS -FS Daily Labor, Equipment & Mobilization $4,000 2 $8,000 Pipe and Fittings $350 1 $350 Survey $275 1 $275 Task One Total: $8,625 Task Two: Closure Repair SCS -FS Daily Labor, Equipment & Mobilization $2,850 2 $5,700 Comanco Mobilization/Demobilization $2,060 1 $2,060 Repair Crew Daily Rate $5,150 2 $10,300 Task Two Total: $18,060 Task Three: Construction Quality Assurance & Certification Report Field Daily CQA $1,500 2 $3,000 Certification Report $850 1 $850 Task Three Total: $3,850 Total: $30.535 CLOSING SCS -FS appreciates the opportunity to provide our proposal to Republic Services. If you have any questions or require any additional information, please contact Brian Basconi at 401-486-4897. Sincerely, 71L zl,__: Brian Basconi Project Manager SCS Field Services BB/GAC Garold (Tony) A. Cartee Vice President SCS Field Services 163 FIFTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, . INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS FIFTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Fourteenth Amendment") is entered into as of the day of February, 2021 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment .to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to Contract Agreement, dated July 14, 2020 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, on August 18, 2020, the SWDD Board approved a 2.25% Consumer Price Index (CPI) to increase the Class I Landfill MSW rate from $13.65 per ton to $13.96 per ton and to increase the Non -Class I Landfill Services from $3,117,675.94 per year to $3,187,823.65 per year; and WHEREAS, on September 15, 2020, the SWDD Board approved a Recyclables Transfer and/or Disposal Procurement Agreement which included a clause for Facility Transition Assistance by the Contractor; and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and 164 . WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE. The Contractor shall provide the additional annual landfill gas system O&M services in accordance with the attached proposal from SCS Field Services. a. Landfill Gas O&M - Contractor to provide additional O&M services for Calendar Year 2021 which includes additional reporting, maintenance, weekly monitoring of Greenhouse Gas and two flow meter calibrations. b. Excavate and Repair Air Compression System Leak — Contractor will provide the labor, equipment and materials to excavate and repair the air compression system leak. However, SWDD will allow the use of on-site liner materials for the repair of the closure work. B. FACILITY TRANSITION ASSISTANCE. The Contractor has agreed to relocate the existing single stream transfer station at no cost to SWDD with the understanding that SWDD is .purchasing the necessary replacement parts and a new cover fabric. 3. The existing Article 3 - COMPENSATION of the Contract is modified to include the following: vi) Annual Payment to Contractor for Landfill Gas System O&M shall be increased by $18,524 for the period of January 1, 2021 through December 31, 2021 or $1,543.67 per month, which includes a 10% management fee to Contractor. The overall payment for Calendar Year 2021 Non -Class 1 Landfill services shall be adjusted from the current $3,187,823.65 per year to $3,206,347.65 or $267,195.64 per month. vii) A lump -sum payment of $33,588.50, which includes a 10% management fee to Contractor, for the excavation and repairing of the air compression system leak. 4. Ratification. Except as specifically provided in this Fifteenth Amendment, all other provisions of the Contract shall remain in full force and effect. 165 .IN WITNESS WHEREOF, the parties have caused this Fifteenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey.R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: Jason E. Brown, County Administrator Signed, sealed, and delivered in the presence of: Print Name: Print Name: (Owner) Solid Waste Disposal District Indian River County, Florida Joseph E. Flescher, Chairman Approved as to Form and Legal Sufficiency By: Dylan Reingold, County Attorney Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Title: [remainder ofpage intentionally left blank] 166