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HomeMy WebLinkAbout05/18/2021OR1� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 18, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th 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.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Joel V. Herman on His Retirement From Indian River County Board of County Commissioners Department of Veterans Services with Twenty -One Years of Service Attachments: Proclamation May 18, 2021 Page 1 of 6 5.B. Presentation of Proclamation Honoring Stephen Lopolito on His Retirement From Indian River County Board of County Commissioners Information Technology Department with Twenty Years of Service Attachments: Proclamation 5.C. Presentation of Proclamation Honoring Jeffrey C. Maasch for. His Retirement from the Indian River County Property Appraiser's Office with 37 Years of Continuous Service Attachments: Proclamation Jeffrey Maasch IRC Property Appraiser 5.D. Presentation of Proclamation in Recognition of Memorial Day, 2021 Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Special Call Meeting of February 18, 2021 Attachments: 02182021 SpecialCall_Granicus 6.B. Regular Meeting of March 2, 2021 6.C. Regular Meeting Minutes of March 09, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Code Chapter 309, Fair Housing - Annual Report Attachments: Annual Report S. CONSENT AGENDA 8.A. Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frames of July 14, 2021, through and including August 16, 2021; and August 18, 2021, through and including September 13, 2021 Attachments: Staff Report Resolution (7/14/21 8/16/21) Resolution (8/18/21 - 9/13/21) 8.11. 2021/22 FIND Waterways Assistance Program Grant Application, Resolution and Third Modification of Lease for Replacement of the Environmental Learning Center Main Dock Attachments: Staff Report Third Modification to Lease Resolution Grant Application May 18, 2021 Page 2 of 6 8.C. Revision to Administrative Policy Manual - Approval of Revision to AM -903.2 Cellular Device and Stipend Policy Attachments: Staff Report AM -903.2 Cellular Device and Stipend Policy (draft 2021) AM -903.2 Cellular Device and Stipend Policy (final 2021) Exhibit A Cell Device Stipend Authorization Form (2021) Exhibit B County Issued Cellular Device Form (2021) 8.1). Authorization to Increase Blanket Purchase Order Attachments: Staff Report 8.E. Renewal and Amendment No. 1 to Agreement for Continuing Engineering Services-RFQ No. 2018008 (IRC -2102) Attachments: Staff Report Sample Renewal & Amendment No. 1 Rate Schedules - Revised Exhibit 1 8.F. Amendment No. 2 - FDEP Grant Agreement No. 17IR2, Wabasso Beach Restoration Project, Sector 3 Attachments: Staff Report Amendment No 2 to FDEP Grant Agreement 171R2 8.G. West Regional Wastewater Treatment Facility Oxidation Ditch and Bridge Structural Improvements Work Order #4 Phase 1 Attachments: Staff Report Work Order 4 8.11. Shadow Brook Subdivision Water Assessment Project, Resolution IV: Final Assessment Roll Attachments: Staff Report Resolution IV Final Assessment Roll 8.I. Work Order No. 10 for Masteller & Moler, Inc., North Sebastian Water and Sewer Project Phase 2 - Construction Services Attachments: Staff Report Work Order No 10 Masteller and Moler Inc 8.J. Broadband Feasibility Study Proposal - Magellan Advisors Attachments: Staff Report Attachment 1 -Magellan Proposal 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS May 18, 2021 Page 3 of 6 A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Rachel Ekeroth re: Florida Housing Finance Corporation Median Income Guidelines for Indian River County Attachments: Public Discussion Request Ekeroth C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Request for Executive Session - Teamsters Local 769 and, IAFF Local 2201 Attachments: Staff Report 11.11. American Rescue Plan Act of 2021 - . Non -Profit Assistance Grant and Down Payment & Rehabilitation Assistance Program Proposals Attachments: Staff Report - ARP Eligible Non -Profit List Non -Profit Grant Application Potential Housing Programs SHIP Income Categories 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. , Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. County Attorney's Annual Employment Agreement Attachments: Staff Report Contract (2021-2022) 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman May 18, 2021 Page 4 of 6 C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 14.E.1. IRC Administration Complex - Native Plant Garden Project Attachments: Memorandum Memorandum from 11.17.2020 BCC Meeting Cadence Landscape Architect Proposal Map - Possible Location Letter of Support - Indian River Neighborhood Assoc. Letter of Support - Friends of Sebastian River Letter of Support - Garden Club of IRC (email) 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. CCNA-2018 Work Order No. 12 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill Attachments: Staff Report Geosyntec CCNA2018 WO No 12 15.B.2. Amendment No. 2 to Landfill Gas Agreement with Indian River Eco District, LLC Attachments: Staff Report Request for Extension Letter by IRED Second Amendment to Landfill Gas Agreement 15.B.3. Request for Approval of a Leachate Treatment Project at the IRC Landfill Attachments: Staff Report Leachate Treatment Proposal 15.B.4. CCNA-2018 Work Order No. 11 to Geosyntec - Engineering and Permitting Services for Leachate Treatment Project Attachments: Staff Report CCNA-2018 Work Order No 11 - Geosyntec May 18, 2021 Page 5 of 6 15.B.5. CCNA-2018 Work Order No. 42 to Kimley-Horn and Associates - Centrate to Leachate Tank Conversion Attachments: Staff Report CCNA-2018 Work Order No 42 - Kimley-Horn 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.irc2ov.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 S: 00 p.m May 18, 2021 Page 6 of 6 PROCLAMATION HONORING JOEL V. HERMAN ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF VETERANS SERVICES WHEREAS, Joel Herman has announced his retirement from the Indian River County Department of General Services, Veterans Services Office effective May 28, 2021; and WHEREAS, Joel Herman began his career with Indian River County on May 8, 2000, as a Veterans Services Officer I. He has continually received excellent marks for his performance. On January 11, 2008, he was promoted to Veterans Services Manager, which is the position he has held until his retirement; and WHEREAS, Joel -Herman proudly served in the United States Air Force from September, 1976 to October 1, 1997, attaining the rank of Master Sergeant; and WHEREAS, Joel Herman's performance reflects his dedication to the County and under his supervision Veterans Services Offices have been maintained at the highest level. Joel Herman is highly respected by all of his co-workers and has been a huge asset to Indian River County. Joel Herman is an integral member of our community and his leadership during his years of County Service is reflected in performance and his resident -focused values. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Joel Herman's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Dated this 18'h day of May, 2021 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher 1 PROCLAMATION HONORING STEPHEN LOPOLITO ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INFORMATION TECHNOLOGY DEPARTMENT WHEREAS, Stephen Lopolito retires from the Indian River County, Information Technology Department, effective May 27, 2021; and WHEREAS, Stephen Lopolito began his career as a Computer Technician with Indian River County, Information Technology Department, on May 7, 2001; and WHEREAS, Stephen Lopolito has served this County and the Public with distinction and selflessness. During his twenty years of service, he was dedicated, and his work was greatly appreciated by the Board, all of the departments and divisions that he served, our citizens, and his co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Stephen Lopolito's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 18th day of May, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 7 s8 PROCLAMATION CELEBRATING JEFFREY C. MAASCH ON HIS THIRTY- SEVEN YEARS OF CONTINUOUS SERVICE WITH THE INDIAN RIVER PROPERTY APPRAISER'S OFFICE WHEREAS, Jeffrey C. Maasch began his career with the Indian River County Property Appraiser's Office on October 1, 1984; and serving with distinction for 37 years, is retiring; and WHEREAS, Jeff earned the designation of Certified Florida Cadastralist by the Florida Association of Cadastral Mappers (FACM) on July 3, 1991; and, WHEREAS, Jeff was appointed Chairman of FACM on April 1, 1994, and as his first duty as Chairman, he proctored. FACM exams beginning April 13, 1994; and, WHEREAS, Jeff earned the designation of Master Cadastralist by the Florida Association of Cadastral Mappers on July 1, 1995; and, WHEREAS, Jeff has been responsible for undertaking special projects and assignments for the benefit of the Property Appraiser's Office and Indian River County residents; and, WHEREAS, Jeff has served this County and Indian River County residents with distinction and selflessness. His 37 years of service has gained him the respect and admiration of his colleagues and co-workers. NOW, THEREFORE, BE IT PROCLAIMED that the Board of County Commissioners and staff applauds JEFFREY C. MAASCH and extends their thanks for doing such a great job in his 37 years of public service as Deputy Property Appraiser and wishes him a happy and prosperous retirement. Adopted this 18th day of May, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joe Earman Laura Moss 3 sb PROCLAMATION IN RECOGNITION OF MEMORIAL DAY, 2021 WHEREAS, in the years following the end of the Civil War, flowers were placed on soldiers' graves as a solemn reminder of the scourge of war and its bitter aftermath of sorrow; and WHEREAS, the Congress, in a joint resolution approved May 11, 1950, provided that Memorial Day should be set aside as a day of prayer for permanent peace; and WHEREAS, Memorial Day is a cherished tradition, one whose observance helps us appreciate our history, our values, and our responsibilities by reminding us that freedom is not free; and WHEREAS, Memorial Day has traditionally been devoted to paying homage to loved ones who lie in hallowed graves throughout the land, having sacrificed their lives so that war might end; and WHEREAS; on Memorial Day we collectively pause for a moment of reverence, reflecting on the heroics of all those who answered when called by their country to bear arms and protect and preserve the ideals of democracy; and WHEREAS; the Veterans Council of Indian River County — consisting of 28 veterans organizations representing over 18,000 veterans residing in the county — aims to host safe, smart Memorial Day ceremonies on Monday, May 31 st, 2021. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges all Indian River County residents to join together to rededicate ourselves to strengthening our Nation's promise, to pray for permanent peace, and to honor our fallen fellow Americans, both known and unknown, who sacrificed their freedom to ensure our own. Adopted this 18"' day of May, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss 4 6A VERIndian River County coG2 Indian River County Florida Administration Complex z 1801 27th Street, Building A * * Meeting Minutes 4 Vero Beach, Florida, �GORt0�' 32960-3388 www.ircgov.com Board of County Commissioners Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Thursday, February 18, 2021 9:00 AM Commission Chambers Employee Health Clinic Workshop 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. ROLL CALL Present: 5 - Chairman Joseph Flescher Vice Chairman Peter O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Mr. Stan Boling, Gracespring Covenant Church 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Moss, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 5. DEPARTMENTAL MATTERS 5 S.A. Human Resources 5.A.1. Health Plan and Employee Clinic Workshop Human Resources Director Suzanne Boyll recalled the Board's request for staff to bring back information on an employee health clinic. In a PowerPoint Presentation, Director Boyll gave an overview of the County's current health plan design, the total members enrolled, and the payroll deductions for the Gold and Silver Health Plans. Chairman Flescher along with Commissioner Earman sought and received clarification from Director Boyll on the number of members and retirees including their dependents enrolled in the County's health plan. Director Boyll discussed the County's health plan costs pointing out that 70% of the medical claims and 20% of pharmacy claims less the rebates accounted for those costs. She reviewed the County's implementation of cost -savings measures for the health plan: an additional prescription savings program, an option for a lower premium health plan known as the Silver Plan, increased emergency room copays, and the Telemedicine benefit. Vice Chairman O'Bryan sought and received information from Director Boyll in regard to the high dollar prescription claims review process and his concern on how it could impact an employee's health if a different medication was prescribed than what had been recommended by the doctor due to cost. Mike Meredith, Executive Vice President with Lockton, the County's Insurance Broker, stated that Lockton employs pharmacologists to determine what drugs give the same health outcome or better to keep the costs down. Ms. Boyll responded to Commissioner Moss that the increase in the expenditures for the pharmaceuticals could be related to the higher cost medication or a chronic condition. County Administrator Jason Brown pointed out the rising cost of prescription drugs were a problem; however, the implementation of the prescription savings program over the years had resulted in a savings. Director Boyll reviewed other health savings options the County had explored and stated the County was currently undertaking an analysis of savings on a supplemental benefit for non -emergent surgeries called SurgeryPlus and Marketing of Pharmacy. Director Boyll and Mr. Meredith detailed the SurgeryPlus supplemental benefit and provided information to the Board on the access to the network of Surgeons of Excellence nationwide where they bundle the pricing for procedures. She indicated if 6 it was something the County wanted to pursue, it would be voluntary participation for the member and under this service incentives could be built in such as member deductibles and copays waived. Director Boyll outlined the primary cost drivers of the health plan and pointed out the cost drivers would always be there regardless of whether there was an employee health clinic. She turned the Board's attention to the employee health clinic and stated that out of the fourteen (14) employers that had responded to the clinic survey, only eight (8) employers had employee clinics. She reviewed the results of the survey and emphasized that the employee clinics were unique to its employer. The Board sought information on the reason the City of Palm Bay closed their employee clinic, two employee clinics in a location versus one employee health clinic, and the number of retirees that reside in the County. Director Boyll replied there was no reason given on why the City of Palm Bay had closed their employee clinic and emphasized the importance of utilizing consultants to guide the clinic evaluation and vendor selection process. She did not have a breakdown of the number of retirees, but pointed out that 54% of enrollees live within a ten mile radius of 32960. A discussion followed on the survey in regard to the retirees with Commissioner Earman stating some of the surveys indicated limiting the employee clinic to the age of 65 and under because of Medicare. Melissa Anchia, Lockton Health Risk Solutions Expert, via Zoom, used the PowerPoint Presentation to discuss the challenges and opportunities with the different types of clinic services and staffing options. Vice Chairman O'Bryan sought and received information from Ms. Anchia regarding when an employee would utilize the clinic and also received clarification from Commissioner Earman on a Nurse Practitioner and Physician Assistant's scope of work. Ms. Anchia spoke on the opportunities and challenges with on-site, near -site, virtual, retail/community based, direct primary care locations, and how the estimated value and return on investments on an employee health clinic were measured noting the employer may not see results for several years. She presented an example of a recently implemented clinic with their goal to provide a competitive benefit to members combined with a three year goal for risk reduction and medical plan savings. She pointed out some of the key performance indicators that clients were looking for was the number of clinic users, the estimated value in clinic services provided, the savings and the top visit types. She concluded that Lockton looked at several key metrics from the Indian River County Health plan data to demonstrate the plan savings through the diversion of community visits to the clinic, risk reduction, and how it could translate into a clinic strategy. Director Boyll stated that the survey respondents with a clinic indicated a savings and overall value; however, she was unable to get tangible numbers to support their savings. She proposed implementing a wellness strategy into the clinic that could result in a positive impact to individuals on the health plan and potentially impact future claims, but noted it would be an additional service to be administered and managed. Director Boyll concluded that staff was unable to provide any assurances that overall plan costs would be reduced by the implementation of a clinic; however, there would be perceived value from the members who utilized the clinic. She indicated that if the Board determined it was in the best interest of the plan and its covered members, staff would bring back an agenda item to recommend the Board engage the services of Lockton Companies Clinic Consulting Services in the amount of $75,000. The Chairman called a recess at 11:00 a.m., and reconvened the meeting at 11:10 a.m., with all members present. Commissioner Moss referred to the percentage of plan members that lived within the 10 mile radius of the 32960 zip code and she inquired on the number of walk -in -clinics within that 10 miles radius. She questioned the origin of the employee health clinic and asked if it was something the employees had requested. Director Boyll did not have information on the number of walk -in -clinics within the 10 mile radius and confirmed that some employees had come forward and made reference to other employers with health clinics. She indicated that the employee group had not been surveyed as a whole in regard to an employee health clinic. Commissioner Moss felt it was important to survey the employees and mentioned incorporating a wellness program apart from establishing a clinic. Vice Chairman O'Bryan sought and received clarification from Director Boyll and Mr. Meredith on the StopLoss Premiums and the analysis that Lockton used to predict the number of high cost claimants. He was open to further exploration of an employee health clinic, but expressed concern with under -utilization. County Administrator Brown further discussed that everyone under the plan had access to a once -a -year wellness visit at no cost. Chairman Flescher was very interested in an employee health clinic for patient care, and he emphasized that the County needed to consider the reduction of costs through other options or plans. He felt it was critical to survey the employees for their interest in an employee health clinic. Commissioner Earman was interested in looking at options to keep the Employee Health Plan costs down and agreed that the County needed to take a further look into an employee health clinic. He added that an employee health clinic could be more than a health advocate for the employees, such as the first step in the Worker's Compensation process, and could be utilized for drug testing or physicals if required by the County. He also wanted to look at partnering with other agencies within the County. Commissioner Adams had the same questions and observations as Commissioner Earman and felt there were opportunities to partner with other entities to help offset costs. She thought it was important that the respondents with clinics indicated that they received a perceived savings, and that their employees looked at it as a positive value. She also felt the County needed to address the unnecessary Emergency Room visits. She opined there was not enough information in the presentation to make a decision and was in favor in obtaining additional information in order to move forward. The Chairman opened the discussion to public comment. John O'Connor, President of the Indian River County Firefighters Association Local 2201, referred to the presentation and felt the insurance was not affordable or competitive. He urged the Board to look at other venues or opportunities for health savings in order to be competitive in the marketplace and retain the best employees. County Administrator Jason Brown summarized the Board's desire to further look into an employee health clinic and recommended bringing back an agreement with Lockton at a future Board meeting. He suggested looking into partnering with other entities and preferred not to build a stand alone clinic, but contract with other clinics, and he addressed the need to drive down the number of emergency room visits. County Administrator Brown agreed with Commissioner Moss that it was important to survey the employees to determine their overall interest because that would drive the success or lack of success of an employee health clinic. In response, Commissioner Adams cautioned that there was not enough information on an employee health clinic for an employee survey and the importance of marketing the clinic to the employees. Chairman Flescher was for an employee survey and felt it was important to know the hours the clinic would be available to the employees. Commissioner Earman referred to Director Boyll and County Administrator Brown on whether the employee's health plan and the employee health clinic were considered as two separate items. County Administrator Brown replied that the employee health clinic would become part of the County's health plan. A discussion followed on the process once the County decided to move forward. Ms. Anchia and Mr. Meredith detailed the different phases of the process indicating the total process would take up to 12 months. The Chairman asked if there was anyone who wish to speak; there was none. He indicated that there was a consensus among the Board on the County Administrator's pathway to move forward with an employee health clinic and thanked everyone for their input. It was the consensus of the Board to: 1) determine through an employee survey, J 6. ADJOURNMENT the overall interest of an employee clinic; 2) return to the Board at a future meeting with an agreement for a consultant to further look into Employee Clinics; 3) look into partnering with other groups such as the School Board, City of Vero Beach, etc.; 4) preferred not to build a stand alone clinic, but contract with other clinics; and 5) address the number of Emergency Room Visits. There being no further business, the meeting adjourned at 12:05 p.m. 10 INFORMATIONAL ITEM: 5/18/2021 74 0HCe Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: The Board of County Commissioners ATTORNEY FROM: William K. DeBraal - Deputy County Attorney DATE: May 6, 2021 SUBJECT: Indian River County Code Chapter 309, Fair Housing — Annual Report Section 309.05 of the Indian River County Code appoints the Deputy County Attorney as the administrator of the County's. Fair Housing Ordinance. As the administrator. of the County's Fair Housing Ordinance, please be advised that there has been one complaint received of discriminatory housing practices since the last annual report which was successfully resolved. WKD/nhm 11 CONSENT: 5/18/2021 FA, R»k Ofce of ` INDIAN RIVER COUNTY ATTORNEY ��ORIUA Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: May 5, 2021 RE: Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frames of July 14, 2021, through and including August 16, 2021; and August 18, 2021, through and including September 13, 2021 The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 14, 2021, through and including August 16, 2021; and August 18, 2021, through and including September 13, 2021. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County Funding: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 14, 2021, through and including August 16, 2021; and August 18, 2021, through and including September 13, 2021, respectively. /nhm Attachments 12 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 14, 2021, THROUGH AND INCLUDING AUGUST 16, 2021, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 14, 2021, THROUGH AND INCLUDING AUGUST 16, 2021. WHEREAS, at the October 6, 2020 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 14, 2021, through and including August 16, 2021; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2020-104 and section 101.10(l) of The Code of Indian River County, the Board of County Commissioners delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) 13 respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2020-104 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2020-105, the Board of County Commissioners delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2020-105 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 14, 2021, through and including August 16, 2021. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the, period commencing July 14, 2021, through and including August 16, 2021, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 14, 2021, through and including August 16, 2021, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 14, 2021, and this Resolution shall expire without further action of this Board at the close of business on August 16, 2021. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss 14 The Chairman thereupon declared this Resolution duly passed and adopted this 18th day of May, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney Joseph E. Flescher, Chairman 15 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 18, 2021, THROUGH AND INCLUDING SEPTEMBER 13, 2021, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 18, 2021, THROUGH AND INCLUDING SEPTEMBER 13, 2021. WHEREAS, at the October 6, 2020 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 18, 2021, through and including September 13, 2021; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2020-104 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) 16 respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2020-104 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2020-105, the Board of County Commissioners delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2020-105 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 18, 2021, through and including September 13, 2021. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 18, 2021, through and including September 13, 2021, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 18, 2021, through and including September 13, 2021, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is August 18, 2021, and this Resolution shall expire without further action of this Board at the close of business on September 13, 2021. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss 17 The Chairman thereupon declared this Resolution duly passed and adopted this 18th day of May, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney Joseph E. Flescher, Chairman 18 IG CONSENT BCC Meeting May 18, 2021 Date: May 7, 2021 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation / Department of General Services To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Dylan Reingold, County Attorney Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: 2021/22 FIND Waterways Assistance Program Grant Application, Resolution and Third Modification of Lease for Replacement of the Environmental Learning Center Main Dock DESCRIPTIONS AND CONDITIONS In February 1965, Indian River County received title to 51 acres on Orchid Island located south of County Road 510 on Live Oak Road. Dedication No. 23919 from the Trustees of the Internal Improvement Fund, State of Florida (TIIFF), contained standard restriction for the use of the property as public park and for recreation purposes. On December 20, 1977, the Dedication was amended to provide for the property to be utilized for public educational purposes. Subsequently the Pelican Island Audubon Society, Inc. (PIAS) entered into a Lease with the County on March 6, 1987, for the period of 99 years for the exclusive purpose of providing an environmental learning center and accessory uses. The Lessee agreed to make all necessary improvements to the property for that purpose including design, development, construction, and maintenance at their own expense. The PIAS assigned the lease on January 4, 1988, to the Environmental Learning Center, Inc. (ELC). On July 2, 1991, the Board approved a modification to the lease and sponsored the ELC in a grant application to the Florida Inland Navigation District for the purposes constructing a public environmental education center. On January 25, 1991, the Board approved and entered into an agreement with the Florida Inland Navigation District (IR -90-17) for initial award of $175,000 for project assistance. The County further agreed that the center would be readily accessible, on a non-exclusive basis, to the general public for a minimum period of 25 years (also included in each of the subsequent awards and agreements). Since that time, the County has sponsored grant applications to the Florida Inland Navigation District on behalf of the Environmental Learning Center for the purposes of developing the campus of the ELC. A summary of these grant funding resolutions are listed below: Year Funding Resolution # Resolution FIND Grant # FIND Grant Purpose Amount Date Date 1990 $175,000 90-7R; 90-32 3/6/90 IR -90-7 1/25/91 Construction of a FIND sponsored nature center, boat dock, displays, informational signs 19 1992 $30,000 92-79 10/1/92 IR -92-11 10/1/92 Amended redirection to spoil island revegetation project 10/22/92 1993 $30,000 92-79 5/12/92 IR -93-12 10/6/93 Interpretive trails, wooden boardwalk, signage 1994 $73,926 94-57 4/14/94 IR -94-15 11/15/94 Dry lab, classroom, pavilion, boardwalks 1995 $17,265 95-56 6/15/93 IR -95-18 10/1/95 Installation of water and electric to boat dock, pontoon boat lift, foot bridge, nature trails, rest area, interpretive signs 1996 i $43,933 96-48 4/16/96 IR -96-20 10/1/96 1 Lighting and computers In 1989, The Environmental Learning Center began working with County staff to obtain a small portion of the Wabasso Causeway right of way to build an educational dock for the purpose of providing weekly river tours as well as for the purpose of providing public fishing. A lagoon -side dock was constructed in 1992 with funding assistance from FIND Agreement IR -90-7. As the dock is now 29 years old, it has successfully met its expected lifespan and is need of replacement. ELC has prepared and submitted a grant application to FIND under the Waterways Assistance Program for FY2021-22. The funding assistance request from FIND is $100,000 with an equal cash match provided through private donations raised and in hand by the ELC. The purpose of the funds will be for a complete replacement of the existing dock in the same footprint. The ELC will provide all engineering design and environmental permits necessary to complete the construction of the dock, and the County will complete the procurement of the dock based on the engineered plans and bid specifications provided by ELC. Indian River County Parks and Recreation staff will serve as the project sponsor and the Indian River County Purchasing Division will serve to bid the construction. Staff has prepared and the ELC board has reviewed the Third Modification to Lease which provides an outline of the roles and responsibilities of each party for the purpose of receiving the FIND grant should it be awarded. FUNDING Upon the FIND grant being awarded, a budget amendment will be posted funding $100,000 from the Florida Boating Improvements Fund/Cash Forward to cover the cost of the project until reimbursed by FIND. STAFF RECOMMENDATION Staff recommends the Board approve the attached Third Modification to Lease, adopt the corresponding Resolution, and authorize the Chairman to execute said documents. Staff further recommends that the Board authorize the County Administrator to execute the FIND Grant Application and authorize staff to respond to any requests by FIND to complete ministerial amendments to the grant application. ATTACHMENT • Third Modification to Lease between the Environmental Learning Center and Indian River County • Resolution No. 2021- Resolution of the Board of County Commissioners Authorizing Application to FIND Waterways Assistance Program • Grant Application submitted to FIND by ELC March 26, 2021 APPROVED AGENDA ITEM FOR MAY 18, 2021 20 THIRD MODIFICATION TO LEASE This Third Modification to Lease ("Third Modification") is executed this of May, 2021 (the "Effective Date"), by and between the Board of County Commissioners of Indian River County, Florida ("Lessor") and Environmental Learning Center, Inc. ("Lessee"). WHEREAS, Lessor and the Pelican Island Audubon Society, Inc. entered into a lease dated, March 6, 1987, for a portion of Wabasso Island forthe development of an environmental learning center (the "Lease"); and WHEREAS, that Lease was assigned to the Environmental Learning Center, Inc.; and WHEREAS, on July 2, 1991, the Lease was modified in order to include language concerning the public access to the environmental learning center; and WHEREAS, the Lease was modified again on February 7, 2006, in order to add lands to the Lease; and WHEREAS, Lessee wishes to apply for a grant from the Florida Inland Navigational District ("FIND") for the replacement of the 30 year old public dock with a new public environmental education dock in the same location and footprint (the "Dock Project"); and WHEREAS, Lessee is willing to provide the necessary monetary match, up to $100,000, for the Dock Project; and WHEREAS, Lessor, on behalf of Lessee as owner of the property, agrees to act as the applicant for the application to FIND for the Dock Project, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. FIND Application. Lessor agrees to be the applicant for the FIND application for the Dock Project. If the FIND grant is not approved or is approved, but insufficient for the Dock Project, the Parties will be released from their responsibilities under this Third Modification. 3. Permits. Lessee shall be responsible for paying for and obtaining any and all necessary permits for the Dock Project. Lessee must obtain the necessary permits for the Dock Project by September 30, 2021. 4. Engineering Plans. Lessee shall be responsible for paying for and providing Lessor with the 100% plans and specifications for the Dock Project by September 30, 2021. Lessee 21 shall also be responsible for paying for an engineer to provide bidding assistance, including but not limited to, attending and participating in any and all pre-bid meetings and for providing responses to any and all technical questions and requests submitted through Lessor from potential bidders for clarification or information during the bid process to the Lessor, who will prepare and issue addenda to provide answers to those questions. Engineer and Lessee will not provide answers to any questions regarding the bid other than to Lessor. S. Bid Process. If awarded a FIND grant sufficient to fund the Dock Project, Lessor will undertake a bid process consistent with the requirements set forth in the Indian River County Purchasing Manual. Lessor has the sole discretion to determine the lowest, responsive and responsible bidder. If the lowest, responsive and responsible bid is greater than the combination of the FIND grant and the Lessee contribution, the parties will not proceed with the Dock Project unless the parties mutually agree to do so. Lessee, including but not limited to, its board members, staff and engineer, shall not discuss the Dock Project with any prospective bidder or their agent. 6. Funding. Within 10 days of the Lessor's acceptance of the FIND grant, Lessee shall pay Lessor $100,000, which will be used as the match for the Dock Project, plus $10,000, which will be used for contingencies during the construction of the Dock Project. Once the Dock Project is completed, Lessor will seek reimbursement from FIND for Lessor's contribution of the project. If final amount of the Dock Project is greater than $200,000, Lessee shall pay difference to Lessor within 30 days of notice of the final amount of the Dock Project. If final amount of project is less than $200,000, Lessor will reimburse Lessee any remaining amount of funds left after Lessor has been reimbursed in full. Lessor retains the right to cancel the Dock Project due to cost increases that occur during the construction of the Dock Project, in the event Lessee does not pay for such cost increases, and Lessee shall be responsible for funding any costs incurred by Lessor. 7. Indemnification. Lessee shall defend, hold harmless and indemnify Indian River County, its commissioners, officers, employees, and agents, for any losses in the event that FIND denies or fails to reimburse Lessor for all or a portion of the Dock Project. 8. Construction. Lessor agrees to complete the Dock Project by the end of the grant period as identified in the FIND grant agreement. Any non-performance within this time period, caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default. For the purposes of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, 22 restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. 9. Quarterly Reports. Lessee shall assist Lessor with information necessary to complete quarterly reports submitted to FIND, including timelines, milestones completed and any other required information. 10. All other provisions of the Lease and the prior modifications shall remain in full force and effect. IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument this _ day of May, 2021. LESSOR INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator 23 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of May, 2021 by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, who executed on behalf of and with the authority of said Board, and who is ❑ personally known or ❑ produced identification in the form of NOTARIAL SEAL: Signed in the presence of the following witnesses: sign: print name: sign: print name: STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC printed name: Commission No.: Commission expiration: LESSEE ENVIRONMENTAL LEARNING CENTER, INC. By: Barbara Ford Chief Executive Officer The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of May, 2021 by Barbara Ford, Chief Executive Officer of ENVIRONMENTAL LEARNING CENTER, INC., a Florida not-for-profit corporation, who executed on behalf of the corporation, and who is ❑ personally known or ❑ produced identification in the form of NOTARIAL SEAL: NOTARY PUBLIC printed name: Commission No.: Commission expiration: 24 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING APPLICATION FOR THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR THE ENVIRONMENTAL LEARNING CENTER MAIN DOCK REPLACEMENT PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners is interested in carrying out the Environmental Learning Center Main Dock Replacement ("Project") for the enjoyment of the citizenry of and the State of Florida; and WHEREAS, the Project will replace a 30 year-old FIND -funded public dock with a new public environmental education dock in the same location, footprint & configuration as existing dock; and WHEREAS, the Project is estimated to cost $200,000.00; and WHEREAS, Florida Inland Navigation District financial assistance is required for the program mentioned above; and WHERAS, Indian River County Board of County Commissioners will make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project on behalf of said Indian River County Board of County Commissioners, NOW, THEREFORE, BE IT RESOLVED AND CERTIFIED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached roposaL Section 2. That it is in complete accord with theattached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Section 3. That it has the ability and intention to finance its share of the. cost of the project and that the project will be operated and maintained at the expense of said Indian River County Board of County Commissioners for public use. 25 Section 4. That it willnot discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88- 352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. Section 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. Section 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. Section 7. This resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. OTryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this _ day of 2021. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: By Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman 26 9' � / 1 ��'=.•\i .. ,. - a.iY:K.+a+sf.;4�i^'MrlgsYar..r. lljf� .- _. r� W: w.F-.�:&e'^��iil'A•"'n�'r _. '... Y.•; A:,�vnbi !•"Ilt4 FY 2021 WATERWAYS ASSISTANCE PROGRAM APPLICATION PACKAGE Part 2. Attachment E The following attachment E-1 through E-8, in addition to the requirements of items 10 through 13 of the application checklist, constitute your formal application. SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. Applications must be received by the District by 4:30 p.m. on March 29, 2021. SUBMIT ENTIRE APPLICATION ONE OF TWO WAYS: Completed hardcopy via Mail: Electronic copy (p df) via email: OR FIND, 1314 Marcinski Rd., JZimmerman@aicw.org Jupiter, FL 33477_ Application must be received by the deadline, no exceptions. 28 Attachment E - Applicant Tips Sheet (Mistakes Common to the application process and how to avoid them) SCHEDULING The new application is available by January each year, and District funding is available AFTER October 1 st of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due - 29th of March; Property control/Technical sufficiency items - 21 st of May, Permits - 20th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) PROPERTY CONTROL VERIFICATION Please have your attorney complete and sign the form in the application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application "window".) PROJECT COSTS ELIGIBILITY Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant's match. Make sure you have delineated your required minimum cost -share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost -sheet and send it to our office well before the deadline.) COST -SHARE Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to organize project element in a certain manner for easier accounting.) PRE -AGREEMENT EXPENSES Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR to October 1 st to be considered as pre -agreement expenses. The Board's past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre -agreement expenses if possible. Note, that pre -agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only 1/2 of the original District funding. (Example: A project with a total cost of $200,000 is Board -approved for one-half construction PRIOR to October 1 st. In this case, District funding will be limited as follows: Only 50% of the $100,000 project cost prior to October 1 st is eligible as project expenses (i.e. $50,000). Then only 1/2 of the eligible project expenses ($50,000) are eligible for District funding assistance (i.e. $25,000). SUBMITTED MATERIALS &JUNE PRESENTATION The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Commissioner's review is two 8-1/2" x 11 " spiral -bound notebooks containing the essential information for the application. NOTE: make sure your final submitted material is the same material you will be presenting to the Board at our June meeting. This will avoid confusion and strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) ELECTRONIC SUBMISSIONS Grant applications are being accepted by email or hardcopy. Grant applications may be submitted via email as a pdf attachment (permits attached separately). Make sure to label your pdf attachment with the applicant and project title. You will receive a confirmation email letting you know your application has been received. Email your completed application to JZimmerman@aicw.org Or you may send hardcopy applications to FIND, 1314 Marcinski Rd, Jupiter, EL 33477. Applications must be received by the District by 4:30 p.m. on March 29, 202129 ATTACHMENT E-1 APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2021 Project Title: Environmental Learning Center Main Dock Replacement Applicant: Indian River County This checklist and the other items listed below in items 1 through 13 constitute your application. The required information shall be submitted in the order listed. An electronic copy may be emailed to JZimmerman@aicw.org. Application must be received by the deadline, no exceptions. All information will be printed on 8'/2"x11" paper to be included in agenda books bound by staff. 30 YES NO 1. District Commissioner Review (prior to March 4th) (NOTE: For District Commissioner initials ONLY11 (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Application Checklist - E-1 (Form No. 90-26, 2 pages) �j 0 (Form must be signed and dated) 3. Applicant Info/Project Summary- E-2 (Form No. 90-22, 1 e� page)(Form must be completed and signed) 4. Project Information - E-3 (Form No. 90-22a, 1 page) ! 0 5. Application and Evaluation Worksheet - E-4(+) (Form I ! � 0 No.91-25) (One proper sub -attachment included, 7 pages) Must answer questions 1-10. No signatures required 6. Project Cost Estimate - E-5 (Form No. 90-25, 1 page) ! O (Must be on District form) 7. Project Timeline - E-6 (Form No. 96-10, 1 page) 8. Official Resolution Form - E-7 (Form No. 90-21, 2 pages) !. (Resolution must be in District format and include items 1-6) 30 ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2021 YES NO 9. Attorney's Certification (Land Ownership)- E-8 0 Q (Must be on or follow format of. Form No. 94-26, Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map O O 11. Project Boundary Map O 0 12. Clear & Detailed Site Development Plan Map O O 13. Copies of all Required Permits: ACOS, DEP, WMD O O (Required of development projects only) The undersigned, :as applicant, acknowledges that Items 1 through 12 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, March 29, 2021 By May 21, 2021 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 20, 2021. If the information in Item 13 is not submitted to the District office by September 20, 2021, 1 am aware that my application will be removed from any further funding consideration by the District. LIAISON. Barbara dTITLE: Executive Director, ELC PROJECT LIAISON DATE FIND OFFICE USE ONLY Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Available Score: Compliance with Rule 668-2 F.A.C.: Eligibility of. Project Cost: Form No. 90-26 - New 9/2/92, Revised 07-30-02. 31 ATTACHMENT E-2 APPLICANT INFORMATION & PROJECT SUMMARY WATERWAY ASSISTANCE PROGRAM FY 2021 APPLICANT INFORMATION Applicant: Indian River County Department: County Administrator Project Title: Environmental Learning Center Main Dock Replacement Project Director: Title: Project Liaison: (if different from Director) Barbara Ford Title: Executive Director ELC Mailing Address: 1801 27th Street City: Vero Beach zip Code: 32960-3388 Email Address: garb@discoverelc.org Phone #: 772-589-5050 Project Address: 1255 Live Oak Drive, Vero Beach, FL 32963 *** I hereby certify that the information provided in this application is true and accurate. *** SIGNATURE: DATE: PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less.) Replace 30 year old, FIND -funded public dock with a new public environmental education dock in the same location, footprint, and configuration as the existing facility. Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06) 32 ATTACHMENT E-3 PROJECT INFORMATION WATERWAY ASSISTANCE PROGRAM FY 2021 Applicant: Indian River County Project Title: Environmental Learning Center Main Dock Replacement Total Project Cost: $ $200,000 FIND Funding $100,000 Requested: $ % of Total Cost: 50% Amount of Applicant's Matching Funds: $100,000 Source of Applicant's Matching Funds: Private donations currently in -hand 1. Ownership of Project Site (check one): Own:') Leased:QOther:Q 2. If leased or other, please describe lease or terms and conditions: 99 -year Lease executed on 3/6/1987 between Indian River County and Pelican Island Audubon Society (PIAU) to allow use of the property for public educational purposes. Lessee intends to develop a learning center (ELC) for the use and benefit of the people of Indian River County and of the State of Florida. Said Lease assigned by PIAS to the ELC, a FL corporation, 1/4/1989. Copies available. 3. Has the District previously provided assistance funding to this project or site? Yeso No: ❑ 0 4. If yes, please list: FIND 1992 Construction of public environmental education dock with Indian River County (owner) and Environmental Learning Center (Lessee). 5. What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): 2 Boat Slips, used for a 10-16 passenger pontoon tour vessel; across street at the ELC 10 Trailer Parking Spaces; 360 Linear Feet of Boardwalk; 2 — 4 public vessel mooring sites close to existing facility used by cruisers on the ICW. 6. How many additional ramps, slips, parking spaces or other access features will be added by this project? No expansion of facility proposed. 7. Are fees charged for the use of this project? Noo Yes o" **If yes, please attach additional documentation of fees and how they compare with fees from similar public & private facilities in the area. The ELC charges $35 for adults and $15 for children for Eco Pontoon tours of the Lagoon with a captain and a naturalist to provide education on the unique estuary environment. A similar tour given through Captain Hiram's is $35 for adults and $12 for children, AGENCY Yes./ No / N/A Date Applied For Date Received Plaff list all Environment No d for this project: DEP Yes By 09-20-2021 FACOE Yes By 09-20-2021 Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) 33 ATTACHMENT E-4 EVALUATION WORKSHEET WATERWAY ASSISTANCE PROGRAM FY 2021 DIRECTIONS: All applicants will complete questions .1 through 6, and then based on the type of project, complete one and only one subsection (E -4A, B, C, D or E) for questions 7-10. ***Please keep your answers brief and do not change the pagination of Attachment E-4*** All other sub -attachments that are not applicable to an applicant's project should not be included in the submitted application. Project Title: Environmental Learning Center Main Dock Replacement Applicant: Indian River County 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application. (The application may only be of one type based upon the predominant cost of the project elements.) 10. Waterway related environmental education programs & facilities. b) Explain how the project fits this priority category. Replacement of the ELC dock will provide a facility that supports environmental education programs serving the mission of the ELC and the terms and conditions of its Lease with Indian River County to provide environmental education programs for use and benefit of the people of Indian River County and of the State of Florida. A substantial proportion of the waterway related environmental education programs offered by the ELC depend on the 30 -year old, deteriorating docking facility herein proposed for replacement, and the ICW for access to tour destinations. (For reviewer only) Max. Available Score for application Question 1. Range of Score (I to_points) 34 2) WATERWAY RELATIONSHIP: a) Explain how the project relates to the ICW and the mission of the Navigation District. The FIND -funded, waterway dock facility at the ELC is about 320 feet from the ICW, and is directly in sight of the ICW channel. All tours from the ELC depend on the use of the ICW channel. All environmental educational programs offered by the ELC describe and emphasize the role and public benefits of the ICW and of the Navigation District. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? The FIND -funded, waterway related dock facility at the ELC has traditionally been used by boaters along the ICW for moorage, and this long standing public access and benefit would be supported and enhanced by the proposed project. (For reviewer only) (1-6 points) 3) PUBLIC USAGE & BENEFITS: a) Describe how the project increases/improves boater/public access. Estimate the amount of total public use. Residents from Indian River along with other counties of the District can easily access and use the ELC docking facility as it is directly accessible from U.S. Highway 1 via C.R. 510, which is less.than 1/8 mile to the north of the ELC on a paved, public road (Live Oak Drive). ELC facility is shown on standard navigational charts as a "stop," and is regularly used by vessels cruising the ICW. b) Discuss the regional and local public benefits provided by the project. Can residents from other counties of the District reasonably access and use the project? Explain. The water related environmental education programs made possible by the FIND -funded facility at the ELC are unique within our region of Florida. Replacing the deteriorating, 30 -year old ELC dock will allow the ELC to continue expanding and innovating its water related environmental education programs, which are provided for the regional and local public. c) Has the local Sponsor implemented or plans to implement any boating access, speed zone, commercial access or other restrictive use of this site? Commercial access or restrictive use of this site is subject to the conditions of the Lease with Indian River County, and approval by the Board of the ELC. No prior requests for commercial access or restrictive use of the existing, FIND -funded facility have been made. (For reviewer only) (1-8 points) 35 4) TIMELINESS: a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-6. Prior to 1.0/1/2021 announcement: (1) Currently - 50% Match Funds in -hand (2) 5/1/2021 - Submit all necessary permit application (3) 10/1/2021 — "Break Ground" on this shovel -ready project; Demo of existing facility (4) 10/15/2021 Replacement of facility (5) 12/1/2021 - Completion b) Briefly explain any unique aspects of this project that could influence the timeline. The proximity and ease of access to the County Wabasso Causeway Park on CR 510 will expedite staging and removal of demolished materials from the existing ELC dock. Likewise, the proximity of CR 510 (within 1/8 mile from the ELC) will speed staging and delivery of all construction materials for the replacement of the facility. (For reviewer only) (1-3 points) 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project including any cash match or matching grant funds. ELC provided 50% match is in -hand and ready to disburse immediately upon FIND award of cost -share match. This project is truly "shovel ready." b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. None anticipated. c) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet. The ELC charges $35 for adults and $15 for children for Pontoon tours of the Lagoon with a captain and a naturalist to provide education on the unique estuary environment. Others include the use of the dock in their programs and fees are included w admission. d) If there are any fees, please explain where these fees go and what they are used for. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. Revenue from the tours are used to offset dock maintenance, fuel and boat repairs and payroll expenses for the captain and education team. A similar tour given through Captain Hiram's is $35 for adults and $12 for children. (For reviewer only) (1-6 points) 36 6) PROJECT VIABILITY: a) Why is the project necessary and what need will it fill? Why are existing facilities insufficient to meet demand? ELC is the primary provider of environmental education programs for the general public and schoolchildren in Indian River County and in our region of the ICK ELC hosts over 15,000 visitors/year, and our vision is to have them experience immersive, hands-on learning experiences focused on the Indian River Lagoon, which is central to our area's economic, ecological and cultural welfare, providing food, jobs, coastal protection and recreational opportunities. In order to protect this resource for generations to come, residents and visitors alike must form a connection to this critical habitat and understand its importance for the health and livelihood of our community. A central feature of the ELC's immersive campus experience is our Pontoon Tours with our Naturalists. By providing the guests with guided pontoon tours, they can see first-hand this unique IRL ecosystem and learn about its importance. b) Clearly demonstrate how the project will continue to be maintained and funded after funding is completed. The Environmental Learning Center has maintained the FIND -funded facility for about 30 years and will continue to budget for Dock Maintenance within its Yearly Operating Budget for years to come. In addition, the organization is backed by an endowment organization, the Environmental Learning Center Foundation. c) Is this project referenced or incorporated in an existing maritime management, public assess or comp plan? The ELC is specifically referenced in the Indian River County 2030 Comprehensive Plan, Chapter 9 Coastal Management Element, Objective 13 Education and Public Awareness, Policy 13.2, page 64. Likewise, the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan, Public Awareness and Education section specifically describes the ELC as the "County's clearinghouse for environmental education programs and materials." (For reviewer only) (1-7 points) SUB -TOTAL FIND FORM NO. 91-25 Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) 37 ATTACHMENT E -4A EVALUATION WORKSHEET DEVELOPMENT & CONSTRUCTION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2021 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for? (USACE, DEP and WMD) If permits are NOT required, explain why not. All required environmental resource permits from DEP, USACE, SJRWMD, and Indian River County will be applied for and in -hand well before the FIND deadline in September 2021. Permit application packages are currently in development. b) If the project is a Phase I project, please provide a general cost estimate for the future Phase II work. This is a single-phase project, so no future phase costs will be required. Tasks necessary to obtain permits including preparation of design and construction drawings and scheduling on-site visits by agency staff. All of these tasks.are already underway. c) . Detail any significant impediments that may have been identified that would .potentially delay the timely issuance of the required permits. Contacts with the permitting agencies have already been made, on-site visits planned, and no significant impediments to the timely issuance of the required permits are anticipated. (For reviewer only) (1-4 points) 38 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? Yes, preliminary design work has been completed, and conceptual design drawings are included in this application packet. Detailed construction design drawings are currently being prepared for the ELC by Coastal Tech, Inc., our project engineers. b) Are there unique beneficial aspects to the proposed design that enhance public usage or.access, minimize environmental impacts, improve water quality or reduce costs? The proposed design of the prior FIND -funded facility maintains the same location, configuration and footprint, hence decreasing potential environmental impacts, maintains and improves water quality and reduces costs associated with an enlarged facility. The design is part of a suite of ELC campus improvements to enhance ICW access. (For reviewer only) (1-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques and materials to be utilized for this project. Identify any unique construction materials that may significantly alter the project costs. If a Phase 1, elaborate on potential techniques. Construction techniques shall comply with all requirements of Chapter 18-20, F.A.C. and aspects of Chapter 253, F.S. pertaining to riparian access and use. FDEP dock construction guidance previously issued in coordination with USACE (August, 2001) shall be followed. Contractor shall employ Best Management Practices for the .use of turbidity control devices during all phases of construction activities. Turbidity booms installed prior to start of in -water work and in place until all sediments settled from water column. Work barge shall operate within high tides and shall have 1 ft. clearance above seagrass beds and avoid scouring barren bottom. Pilings to be installed by impact driving, with turbidity control devices in place. Project will comply with sea turtle, smalltooth sawfish, and manatee construction conditions. b) What is the design life of the proposed materials compared to other available materials? Pilings: will be 8" diam. CCA treated and PVC (or equivalent) wrapped; Substructure of walkway and terminal platform: will be constructed from CCA treated marine -grade wood; Decking: will be Trex Select composite material or equivalent. Anticipated design life of project is at least 30 years. (For reviewer only) (1-3 points) 39 10) ENVIRONMENTAL COMPONENTS: a) How has the facility where the project is located demonstrated commitment to environmental compliance, sustainability, and stewardship? The ELC hosts thousands of visitors annually, and our vision is for them to experience and appreciate the benefits of immersion in nature, understand the value of a healthy environment, be inspired to create a more sustainable world and become stewards of the Indian River Lagoon and the ICW, which is central to our area's economic, ecological and cultural welfare, providing food, jobs, coastal protection and recreational opportunities. b) What considerations, if any, have been made for sea level rise impacts in the design and life span of this project? Project design complies with all State and Federal guidelines to protect natural resources and address impacts of sea level rise to the extent feasible at this time. The life span of the proposed project is anticipated to be at least 30 years. (For reviewer only) (1-3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25A Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14) 40 ATTACHMENT E-413 EVALUATION WORKSHEET ENVIRONMENTAL EDUCATION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2021 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN ENVIRONMENTAL EDUCATION PROJECT 7) THOROUGHNESS: a) Who is the primary target audience or user group for the project and how were they identified? The ELC project and programs it supports target all audience age groups whether they are local, regional, or global visitors. These user groups have been identified by tracking sign -ins for boat tours, and environmental education programs. The ELC has a contract with the Indian River County School Board to provide environmental education to students in grades 1, 3 and 4. The ELC also provides summer camps for children ages pre -kindergarten through the 7th grade. Our community depends on the ELC as the primary provider of environmental education programs. b) How have the needs of the target audience been evaluated and met? We conduct annual email surveys of our members and participants, along with on-site surveys to visitors , of overall performance and expectations. Of those who were surveyed, over 70% were most interested in our pontoon experience. c) How many people will the program serve on an annual basis? What will: be the measurable results? Currently there are over 1,900 visitors who take one of our educational Pontoon tours each year. In addition, there are an additional 350 children in various camps and programs that incorporate either the dock or the pontoon boat into their curriculum. Since starting the pontoon tours in 1996, approximately 20,000 visitors have explored our lagoon using our FIND -funded dock and the ICW. (For reviewer only) (1-5 points) 41 8) DELIVERABLES: a) Describe the materials and project deliverables to be produced by this project. The project deliverables will be the visitor's understanding of the unique ecosystem of the lagoon. Our environmental educators address issues that adversely impact human health and well-being within the environment and help empower others to get involved. One of the first steps to involvement is connection through immersion into the Lagoon. b) Is there a clear and effective plan of dissemination of the materials produced through the project? Please describe. ELC has staff devoted to the program to ensure effectiveness. People become ambassadors of the environment through changes in their behavior. We educate areas where they can make a difference - pick up pet waste, habitat conservation, proper use of fertilizer and pesticides — and educate them about the problems, effects and solutions. (For reviewer only) (1-2 points) 9) EXPERIENCE & QUALIFICATIONS: a) Please briefly describe the qualifications of the program administrator(s), including prior experience, and areas of expertise. Sara Piotter, Senior Environmental Educator, has a BS in Wildlife Ecology and Conservation from the University of Florida. She's a Certified Interpretive Guide through the National Association of Interpretation and is an active Florida Master Naturalist instructor. Sara is also a member of the American Professional Captains Association. She is also Wilderness First Aid Certified and CPR Certified. Philip Chieco, Lead Boat Captain, is a life long fisherman and boater. He holds a U.S. Coast Guard 100 Ton Master License. b) What previous projects of this nature have been completed by the program manager? Throughout her career Sara Piotter has worked on a variety of conservation projects. She's served as project lead for a long-term water quality monitoring program and numerous projects related to waterbird and passerine habitat use. Sara has served in our education department since 2014 and has a led programs for all ages that address Indian River Lagoon ecology, biodiversity, conservation concerns, and ways we can all be natural resource stewards. (For reviewer only) (1-2 points) 42. 10) PROJECT GOALS: a) What are the long-term goals of this project as it relates to the ICW? Since 1.989 the ELC has provided environmental education for Indian River County and our region along the ICW. Boat tours are our premier visitor experiences, and they totally depend upon the FIND -funded dock and the ICW. Replacement of the Pontoon Dock is included in our 5 -year Strategic Plan and is critical to the success of the organization and to our environmental education mission. b) What is the expected duration/frequency of this program? The frequency of the tours depends on demand from visitors. Typically there are various pontoon trips scheduled throughout the week, with an average of six trips per week occurring. In addition, there are camps all summer, and other programs which utilize the dock. We expect our ICW-dependent programs to continue for at least another 30 - 50 years. (For reviewer only) (1-3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies.as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25B Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) 43 ATTACHMENT E-5 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM.FY 2021 (See Rule Section 6613-2.005 & 2.008 for eligibility and fundina ratios) Project Title: Environmental Learning Center Main Dock Replacement Applicant: Indian River County Project Elements (Please list the MAJOR project elements Total Estimated Applicant's FIND Cost and provide general costs for each one. Cost Cost For Phase I Projects, please list the major (To the nearest $50) (To the nearest $50) elements and products expected) Demolition of FIND -funded dock 30,000.00 15,000.00 15,000.00 Construction of new Environmental 170,000.00 85,000.00 85,000.00 Education Dock **TOTALS = $ 200,000.00 1$100,000.00 $100,000.00. Form No. 90-25 (New 10/14/92, Revised 04-24-06) 44 ATTACHMENT -E-6 PROJECT TIMELINE WATERWAY ASSISTANCE PROGRAM FY 2021 Project Title: Environmental Learning Center Main Dock Replacement Applicant: Indian River County The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1s (or be consistent with Rule 66B-2.005(3) - Pre -agreement expenses) Date Component Prior to October 1, 2021.announcement: (1) Currently - ELC has 50% Match Funds in -hand; (2) May 1,2021 - ELC has submitted all necessary permit applications. October 1, 2021: ELC "breaks ground" on this shovel -ready project, and starts demo of existing facility. October 15, 2021: ELC begins replacement of facility. December 1, 2021: ELC completes replacement of facility. FIND Form 96-10 (effective date 04-15-07) 45 ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2021 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Environmental Learning Center Main Dock Replacement Total Estimated Cost $ 200,000.00 Brief Description of Project: AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, AND, be it further resolved that said (Name of Agency) (Name of Agency) make application to the Florida Inland Navigation District in the amount of % of the actual cost of the project in behalf of said (Name of Agency) AND, be it further resolved by the (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-11-90, Rev. 10-14-91¢ 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said for public use. (Name of Agency) 4.. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the at a legal meeting (agency governing board) held on this day of 20 Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-47 BOARD OF COUNTY COMMISSIONERS Dylan_Reingold, County Attorney William X. DcBraal, Dcputy County Attorney Susan J. Trado, Assistant County Attorney OFFICE OF COUNTYATTORNEY ATTORNEY'S CERTIFICATION OF TITLE 2021 Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 February 10; 2021 To Whom It May Concern: I, William K. DeBraal, .am the Deputy County Attorney for Indian River County, Florida. I hereby state that I have examined a copy of the deed from the Trustees of the Internal Improvement Fund of the State of Florida to Indian River :County, dated February 10, 1965, conveying fee simple interest in the following .described property: Please see Exhibit °A" Attached I have also examined a document showing that this property is listed on the tax rolls as belonging to Indian River County. Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called "The Environmental Learning Center" I certify that Indian River County does in fact own this property and has owned it for the last fifty-six years. Very truly yours, . 1/7 William K. DeBraal Deputy County Attorney 1801274, Street, Vero Beach, Florida 32960-3365• (772) 226-1424- Fax (772) 5694317 48 ircattornev@ircgov.com 2/11/2021 Landmark Web Official Records Search Tieing a parcel of land located on an Island in the Indian River on the South side of Wabasso Road in Section 27, Township 31 South, Range 39 East; Indian River County, Florida, the boundary of which is more particularly described by metes and bounds -as follows: From the Northeast corner of aforesaid Section 27, Township 31 South, Range 39 East, run North 880 34' 54" West, a distance of 683 feet, thence run South 470 53',.56" West, a distance of S9S feet to a point near the East end of the East Wabasso Bridge thence run South SIO 47' 56" West near the centerline of aforesaid bridge, a distance of 1482.52. feet to a point near the West end of the aforesaid bridge; said point being the point of beginning. From the point of beginning, run South 54' 38' 25" 'East on a line offshore of the aforesaid island, a distance .of 982,38 feet, thence run South 21' 47' East, a distance of 575.04 feet; thence run South 380 13' .West, a distance of 725.8 feet to a concrete monument on the shore of aforesaid Island; thence continue South 380 13' West, a distance of 101.5.5 feet to a point in the Indian River; thence run South 590 48' 4.7" West, a distance of 683.50 feet to a point in the Indian River; thence run North 336 07' 5411 West, a distance of 1695.41 feet to a point on the West Wabasso Bridge;. thence following near the centerline of the Wabasso Road, run North S66 03' 06" East, a distance of 880 feet to a point where the Wabasso Road intersects with the Pine Island access road: thence run North 606 17' 21" East, a distance of 208.02 feet; thence run North 510 47' 56" East, a distance of 132.48 feet to the Point of Beginning. Ali the above less right of ways for Wabasso Road and Pine Island Access road. Containing 51 acres, more or less. EXHIBIT "A" 0. R. 0763 P6 1665 49 htto:llori.indian-river.org/searchriindex?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 1/1 Figure 1. Location of Indian River County ELC Dock Project 255 Live Oak Drive Vero Beach, FL 32963 T31 S - R39E -S27 David Cox Consg6ing, LLC 2044 14th Avenue, Ste.24 Vero Beach, FL 32960 "0 CN -4D -j LL f, 0 > < 0 X -C Conceptual - Not for Construction Note: 2018 Aerial obtained from FDOT. 8.5' lock 0 50 Scale in feet Gm4 Plan View Existing Conditions ENGR DRAWN SHEET 1 OCOASTAL TECH �` CTF AQN OF S SHEETS Proposed Dock Replacement LAST REVISION DATE Oa No. Certificate of Authorization Number: 00004195 Environmental Learning Center 3525 20th Street, Vero Beach, Florida 32960 Indian River County, Florida 02/11/2021 P-ELC Conceptual - Not for Construction Existing Piles to be Removed & Replaced (Typ) Proposed Indian River 76'x36' �ao, Boat Lift 4, 8.5' Cover Cover • Existing Boat Lift to be Removed ,A & Re -installed (Typ) Existing Dock features to be Removed & Replaced (Typ) j • , Existing Piles to be Removed & Replaced (Typ) 10' Spacing (TYP) r. a �a .a 6' Spacing a (TYP) I mit i Note: 0 50 2018 Aerial obtained from FDOT. Scale in feet OCOASTAL ©� Plan View Proposed ENGR DRAWN SHEET 2 TECH �` CTF AQN Proposed Dock Replacement of 3 SHEETS Certificate of Authorization Number: 00004195 Environmental Leaming Center t_AST REVISION DATE oa No. 3625 20th Street, Vero Beach, Florida 32960 Indian River County, Florida 02/11/2021 P-ELC Conceptual -.Not for Construction I Pile (Typ) 2x12 Pile Cap Typical Cross -Section ENGR DRAWN SHEET 3 OCOASTAL TECH CTF AQN of 3 SHEETS Proposed Dock Replacement LAST REVISION DATE OB NO. Certificate of Authorization Number: 0000419e Environmental Learning Center 3625 20th Street, Vero Beach, Florida 32960 Indian River County, Florida 02/11/2021 P-ELC CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: May 7, 2021 9, SUBJECT: Revision to Administrative Policy Manual — Approval of Revision to AM -903.2 Cellular Device and Stipend BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources, in consultation with Department Directors, has updated AM -903.2 Cellular Device and Stipend policy to be included in the Administration Policy Manual. The updated policy provides for defined approval and procurement processes. FUNDING: County provided cellular devices and cellular stipends are funded in the various departmental/division budgets. RECOMMENDATION: Staff recommends the Board approve the revision to AM -903.2 Cellular Device and Stipend Policy. ATTACHMENTS: AM -903.2 Cellular Device and Stipend Policy 55 1. Overview The use of cellular devices is sometimes necessary to conduct County business when other means of communication are not available. The County's policy is to either provide a County- issued cellular device or pay a cellular device stipend to employees whose job requires them to have access to a cellular device. 2. Purpose The purpose of this policy is to set forth criteria and guidelines for establishing eligibility for the issuance and use of County -issued cellular devices or the payment of a stipend for the use of a personal cellular device for County business. 3. Scope of Applicability This policy applies to all County employees who are issued a County -issued device and all non-union County employees who receive a cellular stipend. Where provisions of this policy conflict with a collective bargaining agreement or employment agreement, the terms of the collective bargaining agreement or employment agreement shall prevail. 4. Definitions A. Cellular Devices are mobile cellular phones, smartphones, and tablets using wireless radio transmissions to communicate to and from telephones and wireless devices. B. Cellular Device Stipend is a fixed monthly payment to employees to help defray the cost of using a non -County issued personal cellular device to conduct County business. 5. Standards and Procedures 5.1 General The use of the County's telephone landline and assigned computers are the primary modes of communicating and conducting County business telephonically or electronically. Time spent on personal cellular calls during work time, as with landline calls, is subject to restrictions put in place by the appropriate department. 5.2 Eligibility A. Approval for a stipend or County -issued cellular device must be justified based on a significant operational need. Simple convenience is not a basis for approval. 56 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 1 of 6 Policy 1. Overview The use of cellular devices is sometimes necessary to conduct County business when other means of communication are not available. The County's policy is to either provide a County- issued cellular device or pay a cellular device stipend to employees whose job requires them to have access to a cellular device. 2. Purpose The purpose of this policy is to set forth criteria and guidelines for establishing eligibility for the issuance and use of County -issued cellular devices or the payment of a stipend for the use of a personal cellular device for County business. 3. Scope of Applicability This policy applies to all County employees who are issued a County -issued device and all non-union County employees who receive a cellular stipend. Where provisions of this policy conflict with a collective bargaining agreement or employment agreement, the terms of the collective bargaining agreement or employment agreement shall prevail. 4. Definitions A. Cellular Devices are mobile cellular phones, smartphones, and tablets using wireless radio transmissions to communicate to and from telephones and wireless devices. B. Cellular Device Stipend is a fixed monthly payment to employees to help defray the cost of using a non -County issued personal cellular device to conduct County business. 5. Standards and Procedures 5.1 General The use of the County's telephone landline and assigned computers are the primary modes of communicating and conducting County business telephonically or electronically. Time spent on personal cellular calls during work time, as with landline calls, is subject to restrictions put in place by the appropriate department. 5.2 Eligibility A. Approval for a stipend or County -issued cellular device must be justified based on a significant operational need. Simple convenience is not a basis for approval. 56 B. To be eligible for a County -issued cellular device or stipend, the following criteria should be considered: 1. The employee's job function requires the user to be accessible outside of scheduled or normal business hours; 2. The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job; 3. The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place; 4. The employee is responsible for critical infrastructure and needs to be immediately accessible at all times. C. The Department Director shall determine whether an employee is eligible for a County -issued cellular device or a cellular device stipend based upon the employee's job function or duties. The Department Director shall recommend either the issuance of a County -issued cellular device or stipend based upon the specific needs and circumstances for each eligible employee. D. After approval by the Director, the request for stipend (Exhibit A) or cellular device (Exhibit B) will be forwarded to the Office of Management & Budget for final approval. Approval must be received in advance of the receipt of the stipend or cellular device. The approved request will be returned to the Department Director. Approved Cellular Device Stipends must be submitted to Human Resources/Payroll for payment. Approved Cellular Device Requests (Exhibit B) must be submitted to the IT Help Desk ticket system for procurement. The Help Desk ticket must include the general ledger account that will be used to pay for both the phone and the recurring monthly fee. E. Each Department Director or designee will periodically, but no less than annually, review the functions of each position that has been assigned a cellular device or stipend to ensure that the cellular service is still required for County business. 6. Cellular Device Stipends The Cellular Device Stipend is designed to provide a taxable allowance to reimburse employees for the business use of the cellular device. The stipend will not fund the cost or replacement of the device, and is not intended to pay for the entire monthly bill since the cellular device will also be available for personal use. The Cellular Device Stipend applies to non-union employees only. A Cellular Device Stipend for bargaining unit employees shall be determined through the collective bargaining process. 6.1 Responsibilities A. Department Directors will be responsible for: 57 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 2 of 6 Policy B. To be eligible for a County -issued cellular device or stipend, the following criteria should be considered: 1. The employee's job function requires the user to be accessible outside of scheduled or normal business hours; 2. The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job; 3. The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place; 4. The employee is responsible for critical infrastructure and needs to be immediately accessible at all times. C. The Department Director shall determine whether an employee is eligible for a County -issued cellular device or a cellular device stipend based upon the employee's job function or duties. The Department Director shall recommend either the issuance of a County -issued cellular device or stipend based upon the specific needs and circumstances for each eligible employee. D. After approval by the Director, the request for stipend (Exhibit A) or cellular device (Exhibit B) will be forwarded to the Office of Management & Budget for final approval. Approval must be received in advance of the receipt of the stipend or cellular device. The approved request will be returned to the Department Director. Approved Cellular Device Stipends must be submitted to Human Resources/Payroll for payment. Approved Cellular Device Requests (Exhibit B) must be submitted to the IT Help Desk ticket system for procurement. The Help Desk ticket must include the general ledger account that will be used to pay for both the phone and the recurring monthly fee. E. Each Department Director or designee will periodically, but no less than annually, review the functions of each position that has been assigned a cellular device or stipend to ensure that the cellular service is still required for County business. 6. Cellular Device Stipends The Cellular Device Stipend is designed to provide a taxable allowance to reimburse employees for the business use of the cellular device. The stipend will not fund the cost or replacement of the device, and is not intended to pay for the entire monthly bill since the cellular device will also be available for personal use. The Cellular Device Stipend applies to non-union employees only. A Cellular Device Stipend for bargaining unit employees shall be determined through the collective bargaining process. 6.1 Responsibilities A. Department Directors will be responsible for: 57 1. providing the approved cellular stipend device request to Human Resources/Payroll for payment. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically reviewing stipends to determine if stipends should be added or discontinued; and 4. promptly discontinuing a stipend that does not meet eligibility. B. Eligible employees who receive a stipend will be responsible for: 1. all costs related to the purchase and usage of the cellular device. These costs include, but are not limited to; all costs of cellular and -or data service, the purchase of all devices and accessories, batteries, cases, hands free devices, taxes, insurance, 3rd party software, overages, termination charges, and .future phone replacement. The County reserves the right to specify certain minimum capabilities of smart phone equipment to receive smart phone (data) stipend. 2. being accessible by cellular device for business use at all times as required by the employee's job functions; 3. maintaining an active cellular device account and providing the number, if applicable, to their supervisor; 4. notifying their supervisor within two (2) working days of inactivation of cellular device service, change in phone number, or cellular device failure; 5. maintaining cellular device in proper working order. 6. complying with County policies and standards of behavior when utilizing a personal cell phone to conduct County business. 7. complying with standards of behavior in all work related communications C. The employee must agree in writing (see Exhibit A attached) to comply, and remain in continuous compliance with the provisions of this policy. 6.2 Payment of a Stipend The monthly stipend will not be included in the calculation of an overtime rate. The monthly stipend will continue until the employee is no longer qualified or employment with the County is terminated. Stipend payments will be immediately terminated if the employee's qualified cellular. service is inactivated or discontinued. The stipend amounts will be reviewed periodically and adjusted if deemed necessary and approved by the County Administrator. Receipt of a stipend pursuant to this policy does not constitute approval for overtime or in any way effect an employee's assigned hours of work. These matters are governed by other County policies and agreements. 58 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY SUBJECT PAGE MANUAL Cellular Device and Stipend 3 of 6 Policy 1. providing the approved cellular stipend device request to Human Resources/Payroll for payment. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically reviewing stipends to determine if stipends should be added or discontinued; and 4. promptly discontinuing a stipend that does not meet eligibility. B. Eligible employees who receive a stipend will be responsible for: 1. all costs related to the purchase and usage of the cellular device. These costs include, but are not limited to; all costs of cellular and -or data service, the purchase of all devices and accessories, batteries, cases, hands free devices, taxes, insurance, 3rd party software, overages, termination charges, and .future phone replacement. The County reserves the right to specify certain minimum capabilities of smart phone equipment to receive smart phone (data) stipend. 2. being accessible by cellular device for business use at all times as required by the employee's job functions; 3. maintaining an active cellular device account and providing the number, if applicable, to their supervisor; 4. notifying their supervisor within two (2) working days of inactivation of cellular device service, change in phone number, or cellular device failure; 5. maintaining cellular device in proper working order. 6. complying with County policies and standards of behavior when utilizing a personal cell phone to conduct County business. 7. complying with standards of behavior in all work related communications C. The employee must agree in writing (see Exhibit A attached) to comply, and remain in continuous compliance with the provisions of this policy. 6.2 Payment of a Stipend The monthly stipend will not be included in the calculation of an overtime rate. The monthly stipend will continue until the employee is no longer qualified or employment with the County is terminated. Stipend payments will be immediately terminated if the employee's qualified cellular. service is inactivated or discontinued. The stipend amounts will be reviewed periodically and adjusted if deemed necessary and approved by the County Administrator. Receipt of a stipend pursuant to this policy does not constitute approval for overtime or in any way effect an employee's assigned hours of work. These matters are governed by other County policies and agreements. 58 6.3 Stipend Amounts The Stipend Amounts (to be paid bi-weekly) are as follows: Voice only (no data) stipend: $30/month Voice and data (Smart phone) stipend: $50/ month 7. County Issued Cellular Devices County issued cellular devices will be limited to job positions as recommended by the Department Director and approved by the Office of Management & Budget. 7.1 Responsibilities A. Department Directors or designee will be responsible for: 1. submitting the approved Cellular Device Request to the Help Desk. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically evaluating the current list of employees with County -issued cellular devices to determine if any devices should be added or discontinued; 4. periodically evaluating the cost of service for County -issued cellular device within the department; 5. promptly discontinuing service for County -issued cellular devices that do not meet eligibility; and 6. conducting a monthly review of cellular device bills to ensure policy compliance.. B. Eligible Employees will be responsible for: 1. being accessible by cellular device for business use at all times as required by the employee's job functions; 2. exercising appropriate precautions to prevent theft, loss or damage to the equipment. 3. in the event of lost or stolen equipment, immediately notifying the service provider, their Department Director, and the police, in cases of theft. 4. utilizing the County issued cellular device in a manner that is consistent with County policies and standards of behavior. C. The employee must agree in writing (see Exhibit B attached) to comply, and remain in continuous compliance with the provisions of this policy. 8. Public Records and Compliance Records containing County issued or personal cellular device numbers are public records (unless otherwise exempt or confidential pursuant to Florida Law). When associated with work, the use of text messaging is typically for the purpose of non -substantive transitory communications. These 59 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 4 of 6 Policy 6.3 Stipend Amounts The Stipend Amounts (to be paid bi-weekly) are as follows: Voice only (no data) stipend: $30/month Voice and data (Smart phone) stipend: $50/ month 7. County Issued Cellular Devices County issued cellular devices will be limited to job positions as recommended by the Department Director and approved by the Office of Management & Budget. 7.1 Responsibilities A. Department Directors or designee will be responsible for: 1. submitting the approved Cellular Device Request to the Help Desk. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically evaluating the current list of employees with County -issued cellular devices to determine if any devices should be added or discontinued; 4. periodically evaluating the cost of service for County -issued cellular device within the department; 5. promptly discontinuing service for County -issued cellular devices that do not meet eligibility; and 6. conducting a monthly review of cellular device bills to ensure policy compliance.. B. Eligible Employees will be responsible for: 1. being accessible by cellular device for business use at all times as required by the employee's job functions; 2. exercising appropriate precautions to prevent theft, loss or damage to the equipment. 3. in the event of lost or stolen equipment, immediately notifying the service provider, their Department Director, and the police, in cases of theft. 4. utilizing the County issued cellular device in a manner that is consistent with County policies and standards of behavior. C. The employee must agree in writing (see Exhibit B attached) to comply, and remain in continuous compliance with the provisions of this policy. 8. Public Records and Compliance Records containing County issued or personal cellular device numbers are public records (unless otherwise exempt or confidential pursuant to Florida Law). When associated with work, the use of text messaging is typically for the purpose of non -substantive transitory communications. These 59 messages have short-term value based upon the content and purpose of the message. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; and announcements of office events such .as holiday parties or group lunches. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory communications are to be retained until obsolete, superseded, or administrative value is lost. Work related text messages that are substantive in nature must be retained per the applicable Florida retention schedule requirements. Questions related to whether a text message is substantive or non - substantive should be directed to the County Attorney 8.1 Archiving of Work Related Text Messages In order to comply with public records retention requirements to archive and retain text messages, the County has established systems that employees will utilize when communicating by text. Employees who receive a cellular stipend and use a personal device for work related messaging, are required to install the County specified application on their device and use only that application to send/receive work related text messages so that they are properly archived. Work related text messages may only be sent and received using this application. Employees who have a County issued cellular device will have the text message archiving service added to the County issued cellular device to comply with public records retention requirements. Any questions related to the archiving of text messages should be directed to Information Systems. Employees receiving a stipend and using a personal cellular device, may continue to use their traditional text messaging application for personal text messages and those messages will not be archived. 8.2 Public Records Requests In the event that a public records request is made to produce cellular device information relating to County business, the County will provide the applicable records that have been archived from either a County issued cellular device or personal cellular device used for County business. If records exist through a personal cellular device which have not been archived, by the County, it shall be the employee's responsibility to produce any responsive records. 9. Discipline All employees must comply with this policy. Employees found in violation of this policy are subject to disciplinary action up to and including termination. 60 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 5 of 6 Policy messages have short-term value based upon the content and purpose of the message. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; and announcements of office events such .as holiday parties or group lunches. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory communications are to be retained until obsolete, superseded, or administrative value is lost. Work related text messages that are substantive in nature must be retained per the applicable Florida retention schedule requirements. Questions related to whether a text message is substantive or non - substantive should be directed to the County Attorney 8.1 Archiving of Work Related Text Messages In order to comply with public records retention requirements to archive and retain text messages, the County has established systems that employees will utilize when communicating by text. Employees who receive a cellular stipend and use a personal device for work related messaging, are required to install the County specified application on their device and use only that application to send/receive work related text messages so that they are properly archived. Work related text messages may only be sent and received using this application. Employees who have a County issued cellular device will have the text message archiving service added to the County issued cellular device to comply with public records retention requirements. Any questions related to the archiving of text messages should be directed to Information Systems. Employees receiving a stipend and using a personal cellular device, may continue to use their traditional text messaging application for personal text messages and those messages will not be archived. 8.2 Public Records Requests In the event that a public records request is made to produce cellular device information relating to County business, the County will provide the applicable records that have been archived from either a County issued cellular device or personal cellular device used for County business. If records exist through a personal cellular device which have not been archived, by the County, it shall be the employee's responsibility to produce any responsive records. 9. Discipline All employees must comply with this policy. Employees found in violation of this policy are subject to disciplinary action up to and including termination. 60 Approved: Jason Brown County Administrator 61 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 6 of 6 Policy Jason Brown County Administrator 61 1. Overview The use of cellular devices is sometimes necessary to conduct County business when other means of communication are not available. The County's policy is to either provide a County- issued cellular device or pay a cellular device stipend to employees whose job requires them to have access to a cellular device. 2. Purpose The purpose of this policy is to set forth criteria and guidelines for establishing eligibility for the issuance and use of County -issued cellular devices or the payment of a stipend for the use of a personal cellular device for County business. 3. Scope of Applicability This policy applies to all County employees who are issued a County -issued device and all non-union County employees who receive a cellular stipend. Where provisions of this policy conflict with a collective bargaining agreement or employment agreement, the terms of the collective bargaining agreement or employment agreement shall prevail. 4. Definitions A. Cellular Devices are mobile cellular phones, smartphones, and tablets using wireless radio transmissions to communicate to and from telephones and wireless devices. B. Cellular Device Stipend is a fixed monthly payment to employees to help defray the cost of using a non -County issued personal cellular device to conduct County business. 5. Standards and Procedures 5.1 General The use of the County's telephone landline and assigned computers are the primary modes of communicating and conducting County business telephonically or electronically. Time spent on personal cellular calls during work time, as with landline calls, is subject to restrictions put in place by the appropriate department. 5.2 Eligibility A. Approval for a stipend or County -issued cellular device must be justified based on a significant operational need. Simple convenience is not a basis for approval. 62 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY SUBJECT PAGE MANUAL Cellular Device and Stipend 1 of 6 Policy 1. Overview The use of cellular devices is sometimes necessary to conduct County business when other means of communication are not available. The County's policy is to either provide a County- issued cellular device or pay a cellular device stipend to employees whose job requires them to have access to a cellular device. 2. Purpose The purpose of this policy is to set forth criteria and guidelines for establishing eligibility for the issuance and use of County -issued cellular devices or the payment of a stipend for the use of a personal cellular device for County business. 3. Scope of Applicability This policy applies to all County employees who are issued a County -issued device and all non-union County employees who receive a cellular stipend. Where provisions of this policy conflict with a collective bargaining agreement or employment agreement, the terms of the collective bargaining agreement or employment agreement shall prevail. 4. Definitions A. Cellular Devices are mobile cellular phones, smartphones, and tablets using wireless radio transmissions to communicate to and from telephones and wireless devices. B. Cellular Device Stipend is a fixed monthly payment to employees to help defray the cost of using a non -County issued personal cellular device to conduct County business. 5. Standards and Procedures 5.1 General The use of the County's telephone landline and assigned computers are the primary modes of communicating and conducting County business telephonically or electronically. Time spent on personal cellular calls during work time, as with landline calls, is subject to restrictions put in place by the appropriate department. 5.2 Eligibility A. Approval for a stipend or County -issued cellular device must be justified based on a significant operational need. Simple convenience is not a basis for approval. 62 B. To be eligible for a County -issued cellular device or stipend, the following criteria should be considered: 1. The employee's job function requires the user to be accessible outside of scheduled or normal business hours; 2. The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job; 3. The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place; 4. The employee is responsible for critical infrastructure and needs to be immediately accessible at all times. C. The Department Director shall determine whether an employee is eligible for a County -issued cellular device or a cellular device stipend based upon the employee's job function or duties. The Department Director shall recommend either the issuance of a County -issued cellular device or stipend based upon the specific needs and circumstances for each eligible employee. D. After approval by the Director, the request for stipend (Exhibit A) or cellular device (Exhibit B) will be forwarded to the Office of Management & Budget for final approval. Approval must be received in advance of the receipt of the stipend or cellular device. The approved request will be returned to the Department Director. Approved Cellular Device Stipends must be submitted to Human Resources/Payroll for payment. Approved Cellular Device Requests (Exhibit B) must be submitted to the IT Help Desk ticket system for procurement. The Help Desk ticket must include the general ledger account that will be used to pay for both the phone and the recurring monthly fee. E. Each Department Director or designee will periodically, but no less than annually, review the functions of each position that has been assigned a cellular device or stipend to ensure that the cellular service is still required for County business. 6. Cellular Device Stipends The Cellular Device Stipend is designed to provide a taxable allowance to reimburse employees for the business use of the cellular device. The stipend will not fund the cost or replacement of the device, and is not intended to pay for the entire monthly bill since the cellular device will also be available for personal use. The Cellular Device Stipend applies to non-union employees only. A Cellular Device Stipend for bargaining unit employees shall be determined through the collective bargaining process. 6.1 Responsibilities A. Department Directors will be responsible for: 63 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 2 of 6 Policy B. To be eligible for a County -issued cellular device or stipend, the following criteria should be considered: 1. The employee's job function requires the user to be accessible outside of scheduled or normal business hours; 2. The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job; 3. The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place; 4. The employee is responsible for critical infrastructure and needs to be immediately accessible at all times. C. The Department Director shall determine whether an employee is eligible for a County -issued cellular device or a cellular device stipend based upon the employee's job function or duties. The Department Director shall recommend either the issuance of a County -issued cellular device or stipend based upon the specific needs and circumstances for each eligible employee. D. After approval by the Director, the request for stipend (Exhibit A) or cellular device (Exhibit B) will be forwarded to the Office of Management & Budget for final approval. Approval must be received in advance of the receipt of the stipend or cellular device. The approved request will be returned to the Department Director. Approved Cellular Device Stipends must be submitted to Human Resources/Payroll for payment. Approved Cellular Device Requests (Exhibit B) must be submitted to the IT Help Desk ticket system for procurement. The Help Desk ticket must include the general ledger account that will be used to pay for both the phone and the recurring monthly fee. E. Each Department Director or designee will periodically, but no less than annually, review the functions of each position that has been assigned a cellular device or stipend to ensure that the cellular service is still required for County business. 6. Cellular Device Stipends The Cellular Device Stipend is designed to provide a taxable allowance to reimburse employees for the business use of the cellular device. The stipend will not fund the cost or replacement of the device, and is not intended to pay for the entire monthly bill since the cellular device will also be available for personal use. The Cellular Device Stipend applies to non-union employees only. A Cellular Device Stipend for bargaining unit employees shall be determined through the collective bargaining process. 6.1 Responsibilities A. Department Directors will be responsible for: 63 1. providing the approved cellular stipend device request to Human Resources/Payroll for payment. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically reviewing stipends to determine if stipends should be added or discontinued; and 4. promptly discontinuing a .stipend that does not meet eligibility. B. Eligible employees who receive a stipend will be responsible for: 1. all costs related to the purchase and usage of the cellular device. These costs include, but are not limited to; all costs of cellular and -or data service, the purchase of all devices and accessories, batteries, cases, hands free devices, taxes, insurance, 3rd party software, overages, termination charges, and future phone replacement. The County reserves the right to specify certain minimum capabilities of smart phone equipment to receive smart phone (data) stipend. 2. being accessible by cellular device for business use at all times as required by the employee's job functions; 3. maintaining an active cellular device account and providing the number, if applicable, to their supervisor; 4. notifying their supervisor within two (2) working days of inactivation of cellular device service, change in phone number, or cellular device failure; 5. maintaining cellular device in proper working order. 6. complying with County policies and standards of behavior when utilizing a personal cell phone to conduct County business. 7. complying with standards of behavior in all work related communications C. The employee must agree in writing (see Exhibit A attached) to comply, and remain in continuous compliance with the provisions of this policy. 6.2 Payment of a Stipend The monthly stipend will not be included in the calculation of an overtime rate. The monthly stipend will continue until the employee is no longer qualified or employment with the County is terminated. Stipend payments will be immediately terminated if the employee's qualified cellular service is inactivated or discontinued. The stipend amounts will be reviewed periodically and adjusted if deemed necessary and approved by the County Administrator. Receipt of a stipend pursuant to this policy does not constitute approval for overtime or in any way effect an employee's assigned hours of work. These matters are governed by other County policies and agreements. 64 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 3 of 6 Policy 1. providing the approved cellular stipend device request to Human Resources/Payroll for payment. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically reviewing stipends to determine if stipends should be added or discontinued; and 4. promptly discontinuing a .stipend that does not meet eligibility. B. Eligible employees who receive a stipend will be responsible for: 1. all costs related to the purchase and usage of the cellular device. These costs include, but are not limited to; all costs of cellular and -or data service, the purchase of all devices and accessories, batteries, cases, hands free devices, taxes, insurance, 3rd party software, overages, termination charges, and future phone replacement. The County reserves the right to specify certain minimum capabilities of smart phone equipment to receive smart phone (data) stipend. 2. being accessible by cellular device for business use at all times as required by the employee's job functions; 3. maintaining an active cellular device account and providing the number, if applicable, to their supervisor; 4. notifying their supervisor within two (2) working days of inactivation of cellular device service, change in phone number, or cellular device failure; 5. maintaining cellular device in proper working order. 6. complying with County policies and standards of behavior when utilizing a personal cell phone to conduct County business. 7. complying with standards of behavior in all work related communications C. The employee must agree in writing (see Exhibit A attached) to comply, and remain in continuous compliance with the provisions of this policy. 6.2 Payment of a Stipend The monthly stipend will not be included in the calculation of an overtime rate. The monthly stipend will continue until the employee is no longer qualified or employment with the County is terminated. Stipend payments will be immediately terminated if the employee's qualified cellular service is inactivated or discontinued. The stipend amounts will be reviewed periodically and adjusted if deemed necessary and approved by the County Administrator. Receipt of a stipend pursuant to this policy does not constitute approval for overtime or in any way effect an employee's assigned hours of work. These matters are governed by other County policies and agreements. 64 6.3 Stipend Amounts The Stipend Amounts (to be paid bi-weekly) are as follows: Voice only (no data) stipend: $30/month Voice and data (Smart phone) stipend: $50/ month 7. County Issued Cellular Devices County issued cellular devices will be limited to job positions as recommended by the Department Director and approved by the Office of Management & Budget. 7.1 Responsibilities A. Department Directors or designee will be responsible for: 1. submitting the approved Cellular Device Request to the Help Desk. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically evaluating the current list of employees with County -issued cellular devices to determine if any devices should be added or discontinued; 4. periodically evaluating the cost of service for County -issued cellular device within the department; 5. promptly discontinuing service for County -issued cellular devices that do not meet eligibility; and 6. conducting a monthly review of cellular device bills to ensure policy compliance. B. Eligible Employees will be responsible for: 1. being accessible by cellular device for business use at all times as required by the employee's job functions; 2. exercising appropriate precautions to prevent theft, loss or damage to the equipment. 3. in the event of lost or stolen equipment, immediately notifying the service provider, their Department Director, and the police, in cases of theft. 4. utilizing the County issued cellular device in a manner that is consistent with County policies and standards of behavior. C. The employee must agree in writing (see Exhibit B attached) to comply, and remain in continuous compliance with the provisions of this policy. 8. Public Records and Compliance Records containing County issued or personal cellular device numbers are public records (unless otherwise exempt or confidential pursuant to Florida Law). When associated with work, the use.of text messaging is typically for the purpose of non -substantive transitory communications. These 65 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 4 of 6 Policy 6.3 Stipend Amounts The Stipend Amounts (to be paid bi-weekly) are as follows: Voice only (no data) stipend: $30/month Voice and data (Smart phone) stipend: $50/ month 7. County Issued Cellular Devices County issued cellular devices will be limited to job positions as recommended by the Department Director and approved by the Office of Management & Budget. 7.1 Responsibilities A. Department Directors or designee will be responsible for: 1. submitting the approved Cellular Device Request to the Help Desk. 2. ensuring that employees using County -issued cellular devices do not also receive a stipend; 3. periodically evaluating the current list of employees with County -issued cellular devices to determine if any devices should be added or discontinued; 4. periodically evaluating the cost of service for County -issued cellular device within the department; 5. promptly discontinuing service for County -issued cellular devices that do not meet eligibility; and 6. conducting a monthly review of cellular device bills to ensure policy compliance. B. Eligible Employees will be responsible for: 1. being accessible by cellular device for business use at all times as required by the employee's job functions; 2. exercising appropriate precautions to prevent theft, loss or damage to the equipment. 3. in the event of lost or stolen equipment, immediately notifying the service provider, their Department Director, and the police, in cases of theft. 4. utilizing the County issued cellular device in a manner that is consistent with County policies and standards of behavior. C. The employee must agree in writing (see Exhibit B attached) to comply, and remain in continuous compliance with the provisions of this policy. 8. Public Records and Compliance Records containing County issued or personal cellular device numbers are public records (unless otherwise exempt or confidential pursuant to Florida Law). When associated with work, the use.of text messaging is typically for the purpose of non -substantive transitory communications. These 65 messages have short-term value based upon the content and purpose of the message. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; and announcements of office events such as holiday parties or group lunches. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory communications are to be retained until obsolete, superseded, or administrative value is lost. Work related text messages that are substantive in nature must be retained per the applicable Florida retention schedule requirements. Questions related to whether a text message is substantive or non - substantive should be directed to the County Attorney 8.1 Archiving of Work Related Text Messages In order to comply with public records retention requirements to archive and retain text messages, the County has established systems that employees will utilize when communicating by text. Employees who receive a cellular stipend and use a personal device for work related messaging, are required to install the County specified application on their device and use only that application to send/receive work related text messages so that they are properly archived. Work related text messages may only be sent and received using this application. Employees who have a County issued cellular device will have the text message archiving service added to the County issued cellular device to comply with public records retention requirements. Any questions related to the archiving of text messages should be directed to Information Systems. Employees receiving a stipend and using a personal cellular device, may continue to use their traditional text messaging application for personal text messages and those messages will not be archived. 8.2 Public Records Requests In the event that a public records request is made to produce cellular device information relating to County business, the County will provide the applicable records that have been archived from either a County issued cellular device or personal cellular device used .for County business. If records exist through a personal cellular device which have not been archived by the County, it shall be the employee's responsibility to produce any responsive records. 9. Discipline All employees must comply with this policy. Employees found in violation of this policy are subject to disciplinary action up to and including termination. 66 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM -903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 5 of 6 Policy messages have short-term value based upon the content and purpose of the message. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; and announcements of office events such as holiday parties or group lunches. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory communications are to be retained until obsolete, superseded, or administrative value is lost. Work related text messages that are substantive in nature must be retained per the applicable Florida retention schedule requirements. Questions related to whether a text message is substantive or non - substantive should be directed to the County Attorney 8.1 Archiving of Work Related Text Messages In order to comply with public records retention requirements to archive and retain text messages, the County has established systems that employees will utilize when communicating by text. Employees who receive a cellular stipend and use a personal device for work related messaging, are required to install the County specified application on their device and use only that application to send/receive work related text messages so that they are properly archived. Work related text messages may only be sent and received using this application. Employees who have a County issued cellular device will have the text message archiving service added to the County issued cellular device to comply with public records retention requirements. Any questions related to the archiving of text messages should be directed to Information Systems. Employees receiving a stipend and using a personal cellular device, may continue to use their traditional text messaging application for personal text messages and those messages will not be archived. 8.2 Public Records Requests In the event that a public records request is made to produce cellular device information relating to County business, the County will provide the applicable records that have been archived from either a County issued cellular device or personal cellular device used .for County business. If records exist through a personal cellular device which have not been archived by the County, it shall be the employee's responsibility to produce any responsive records. 9. Discipline All employees must comply with this policy. Employees found in violation of this policy are subject to disciplinary action up to and including termination. 66 Approved: Jason Brown County Administrator 67 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Human Resources AM-903.2 5/18/2021 POLICY MANUAL SUBJECT PAGE Cellular Device and Stipend 6 of 6 Policy Jason Brown County Administrator 67 EXHIBIT A INDIAN RIVER COUNTY NON-UNION EMPLOYEE CELLULAR DEVICE STIPEND AUTHORIZATION FORM Employee Name: Job Title: Stipend Effective Date: Department: Division: ❑ NEW ❑ CHANGE ❑ DISCONTINUED JUSTIFICATION (Check all that apply): ❑ The employee's job function requires the user to be accessible outside of scheduled or normal business hours. ❑ The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job. ❑ The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place. ❑ The employee is responsible for critical infrastructure and need to be immediately accessible at all times. Stipend: (check one) ❑ Voice Only ❑ Voice and data $30/month $50/month EMPLOYEE ACKNOWLEDGEMENT: I acknowledge that I have read and understand the County Cellular Device and Stipend Policy and the expectation that the use of the cellular device will be in compliance with County policies and standards of behavior. Employee Signature Date I certify that this device is needed for the employee to perform the essential duties of their job. Department Head Signature Approved: Director,, Office of Management & Budget Date Date W EXHIBIT B INDIAN RIVER COUNTY COUNTY -ISSUED CELLULAR DEVICE AUTHORIZATION FORM Employee Name: Department: Job Title:. Date Required Division: ❑ NEW ❑ CHANGE ❑ DISCONTINUED JUSTIFICATION (Check all that apply): � gIVER �e ❑ The employee's job function requires the user to be accessible outside of scheduled or normal business hours. ❑ The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job. ❑ The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place. ❑ The employee is responsible for critical infrastructure and need to be immediately accessible at all. times. Device Type: (check one) ❑ Phone w/ Voice Only ❑ Phone w/ Voice and Data ❑ Wifi Hotspot ❑ Tablet ❑ Phone w/ Voice, Data, and Hotspot EMPLOYEE ACKNOWLEDGEMENT: I acknowledge that I have read and understand the County Cellular Device and Stipend Policy and the expectation that the use of the cellular device will be in compliance with County policies and standards of behavior. Employee Signature Date I certify that this device is needed for the employee to perform the essential duties of their job. Department Head Signature Approved: Date Director, Office of Management & Budget Date Phone Charge Account: Recurring Monthly Account: 69 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: I May 11, 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: Authorization to Increase Blanket Purchase Orders BACKGROUND: Blanket Purchase orders are issued at the request of using departments to enable as needed purchases over the course of the fiscal year. The Purchasing Manager may approve purchase orders not associated with a bid or contract up to $35,000, and the Administrator is authorized to approve purchase orders up to $75,000. DISCUSSION: The needs of some departments may exceed the Administrator's approval authority during the course of a fiscal year. Many of these purchases reflect needs that are not easily addressed through the bid process. The pro shop at Sandridge Golf Club needs to maintain an ample supply of goods necessary in support of their sports and the demand of their patrons. Pro Shop sales continue to increase at Sandridge. As additional funds are needed on each Purchase Order, a request is made through the department director to the Budget Office. The Budget Office verifies funds are available and forwards the request to Purchasing. If all required approvals are in place, the Purchasing Division adds the requested funds to the Purchase Order. Pre -authorization by the Board for these requested increases will ensure the Purchase Orders can be increased expeditiously, after confirmation of the availability of funds by the Budget Office. FUNDING: Funds are or will be made available as indicated in the table on the next page. 70 Sandridge Golf Club Pro Shop. Inventory RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Order as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. 71 Current Maximum Amount spent Total amount PO# Vendor and Material Amount amount with this vendor spent on this Encumbered requested for for this material product/service on PO this FY last FY last FY 88158 Callaway Golf— $75,000 $95,000 $75,850 $262,000 Inventory Account Number Additional funds currently available in account $ 148,451— revenues from sales are deposited 418-142000 Inventory Goods - Resale into this account monthly RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Order as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. 71 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director AND James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Jill Williams, Contract Support Specialist SUBJECT: Renewal and Amendment No. 1 to Agreement for Continuing Engineering Services—RFQ No. 2018008 (IRC -2102) DATE: March 17, 2021 DESCRIPTION AND CONDITIONS On April 17, 2018 the Board of County Commissioners approved eighteen (18) firms for the continuing contract agreement for continuing engineering services with Indian River County. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This Renewal and Amendment No. 1 are for the two-year extensions. Amendment No. 1 increases the allowable purchase order total from $15,000 to up to $35,000, as authorized by Ordinance 2019-016 and the subsequent change to the Purchasing Manual, and adds e -Verify and termination in regards to F.S. 287.135 clauses, both required by changes to Florida statute since the original agreements were executed. County staff has negotiated rate schedules with each individual firm. The rate schedules reflect fair and competitive rates for comparable professional services and tasks. These rates will be the basis for individual projects and work orders. The sixteen (16) selected firms below have submitted fee schedules that have been accepted by reviewing staff (two of the original firms are not renewing): Aptim Environmental & Infrastructure, LLC Bowman Consulting Group, Ltd. CDM Smith, Inc. Geosyntec Consultants, Inc. Kimley-Horn & Associates, Inc. Masteller & Moler, Inc. Schulke, Bittle & Stoddard, LLC Tetra Tech, Inc. Atkins North America, Inc. Carter Associates, Inc. Coastal Waterways Design & Engineering, LLC Jones Edmunds & Associates, Inc. MARLIN Engineering, Inc MBV Engineering, Inc. Stantec Consulting Services, Inc. Water Resources Management Associates, Inc. 72 FUNDING Funding.for work orders under these agreements will vary, based on project and department. RECOMMENDATION Staff recommends the Board approve the sample agreement and submitted rate schedules and authorize the Chairman to execute the agreements once the County Attorney has approved as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement 2. Rate Schedules— Revised Exhibit 1 APPROVED AGENDA ITEM FOR MAY 18, 2021 73 RENEWAL AND AMENDMENT NO. 1 TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES AGREEMENT BETWEEN CONSULTANT NAME AND INDIAN RIVER COUNTY, FLORIDA This is a Renewal and Amendment No. 1 to the Agreement for Continuing Engineering Services dated April 17, 2018 between Consultant Name (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement for Continuing Engineering Services dated April 17, 2018; and WHEREAS, Section 1— General, Item No. 1.1 of the. Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the _g ementtprovides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities o ,the Consultant to include e - Verify requirements; \ �\'\ WHEREAS, Section 4 -Term; Duration�of Agreement,'`Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew'the Agreement for one additional two-year term; 7 WHEREAS thearties desire to`d-Section 8 — Termination to include Termination in regards to F.S. 287.135; and p g NOW, THEREFOREk n consideration oft he following mutual covenants and agreements Indian River County, Florida -and CONSULTANT agree as_follows: 1. Th greement for Annual Professional Engineering Services dated April 17, 2018, is amended as follows: Section 1— General, Item 1.1 -shall read as follows: 1.1 Professional rvices provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000:00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. 74 Section 1— General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. Section 3 — Responsibilities of the Consultant — add the following item: 3.17 CONSULTANT 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. CONSULTANT is also responsible for obtaining proof of E -Verify registration and compliance for all subconsultants. Section 4 — Term; Duration of Agreement - The Agreement isZereby renewed for an additional two- year period beginning on April 17, 2021 and ending on April 16, 2023. Section 8 —Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135 -.—CONSULTANT certifies that_Jt and those related entities of CONSULTANT as defined by Florida law -are -not on the Scrutiniz4Companies that Boycott Israel List, created pursuant to s. 215.472S,of the FloridaStatutes, nd are not engaged in a boycott of Israel. In addition, if this agreement is fo,r goods or services ofone/ million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT,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. COUNTY may terminate this Contract if CONSULTANT isfound 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, asdefined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, 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 o the Scrutinized Companies tth`at�Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725,"Florida Statutes. Except ass pplemen ed herein, the terms and conditions of the Agreement shall remain in full force and effect. To the-eztent`of'any,,conflict between the terms of this Amendment and the terms of the Agreement, the terms of this A+mendment shall control. This Amendment No. 1, regardless dlless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 75 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By By Printed Name and Title Joseph E. Flesche"r, Chairman Date Approved by :ourt 76 APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC 2021 STANDARD RATE SCHEDULE I. PERSONNEL CLASSIFICATION Rate Expert Witness (Testimony).......................................................................... $345.00/hour Principal Engineer ........................ Program Director....................................................................... $245.00/hour Program Manager ............................................... .... ....................................... $215.00/hour Senior Project Manager ....................................... ProjectManager............................................................................................. $170.00/hour SeniorCoastal Engineer................................................................................. $195.00/hour Coastal Engineer III.:..................................................................................... $165.00/hour CoastalEngineer II........................................................................................ $130.00/hour CoastalEngineer I.......................................................................................... $105.00/hour Coastal Modeler 1I.......................................................................................... $130.00/hour CoastalModeler I............................................................................................. $110.00/hour Professional Geologist................................................................. $160.00/hour Geologist III.............................................................................. $135.00/hour Geologist11...................................................................................................... $95.00/hour GeologistI........................................................................................................ $80.00/hour Senior Marine Biologist................................................................................. $155.00/hour MarineBiologist II......................................................................................... $110.00/hour MarineBiologist I........................................................................................... $90.00/hour Professional Surveyor & Mapper.................................................................... $160.00/hour Hydrographer.......................................................................... $130.00/hour Surveyor............................................................................................................ $95.00/hour Survey Technician............................................................................................ $80.00/hour Senior CAD Operator..................................................................................... $185.00/hour CAD Operator................................................................................................ $110.00/hour GISOperator................................................................................................... $120.00/hour BoatCaptain..................................................................................................... $80.00/hour Bookkeeper...................................................................................................... $90.00/hour Clerical....................................................................................................:........ $90.00/hour Technician........................................................................................................ $70.00/hour 1 CONFIDENTIAL AND PROPRIETARY INFORMATION 77 APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC 2021 STANDARD RATE SCHEDULE (Continued) II. EQUIPMENT Rate Truck (2WD road use).................................................................. $0.565/mile Truck(4WD beach use).................................................................................... $110.00/day Survey Boat (28 ft. Parker)............................................................................ $1,050.00/day Survey Boat (24 ft. Privateer)..............................:........................................... $790.00/day SurveySea Sled................................................................................................ $310.00/day All Terrain Vehicle................................................................: ......................... $105.00/day Enclosed18". Trailer........................................................................................... $78.00/day TrimbleRTK GPS............................................................................................ $495.00/day Trimble Differential GPS.................................................................................. $415.00/day Terrestrial. Laser Scanner.................................................................................. $500.00/day Unmanned Aircraft System (Drone)................................................................. $350.00/day Leitz Total Station w/Data Collector................................................................ $130.00/day Hand Laser Range Finder................................................................ $15.00/day Range Azimuth System..................................................................................... $310.00/day Odom Hydrotrack Sounder.............................................................................. $165.00/day Heave, Pitch, Roll Compensator...................................................................... $215.00/day Odom ES3PT Multibeam............................................................... $600 00/day Speed of Sound Velocity Meter.......................................................................... $63.00/day Hypack/DredgePack Navigation System.......................................................... $260.00/day Hypack/Hysweep......................................................................... $260.00/day Nortek AWAC ADCP high frequency deepwater wave height, direction and current profiler ................................................................................................................ $5,000.00/month * Nortek Aquadopp ADCP low frequency shallow water wave height, direction and current profiler.................................................................................................... $2,900.00/month * Nortek Storm Software for wave and current data processing ........................... $50.00/day Primer statistical package................................................................ $200/project X -STAR CHIRP 5121 Seismic Profiling System .......................................... $1,150.00/day Seismic Profiler Thermal Printer...................................................................... $130.00/day Sonar Wizard Map Seismic Data Processing Package ..................................... $155.00/day Edgetech 4200 FS Sidescan Sonar System ....................................................... $695.00/day Sonar Wizard Map Sidescan Data Processing Package .................................... $155.00/day Geometric G-881 Magnetometer...................................................................... $215.00/day Schonstedt GA -52B Magnetic Locator............................................................... $30.00/day JetProbe with Pump........................................................................................... $55.00/day Underwater Tide Gauge ................... :................................................................ $175.00/day NikonLevel/Tripod/Rod.................................................................................... $65.00/day PC PowerPoint Projector.................................................................................... $50.00/day LietzHandheld Level......................................................................................... $10.00/day Optical Reading Compass.................................................................................. $10.00/day GarminHandheld GPS....................................................................................... $10.00/day Turbidimeter........................................................................ ........ 3 a $ 8.00/d y 2 CONFIDENTIAL AND PROPRIETARY INFORMATION 78 REVISED EXHIBIT 1 APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC 2021 STANDARD RATE SCHEDULE (Continued) SCUBA Tanks (Nitrox)...................................................................................... $19:00/day Digital Camera.................................................................................................... $10.00/day UnderwaterCamera........................................................................................... $32.00/day Underwater Camera W/Strobes........................................................... $75.00/day Underwater Seadrop Integrated Camera ................................................. $30.00/day Underwater Video Camera..................................................................:............ $115.00/day GPS Integrated Underwater Video Camera.......................................................$435.00/day Underwater Scooter............................................................................................ $50.00/day SieveAnalysis............................................................................................... $75.00/sample Carbonate Analysis....................................................................................... $65.00/sample Monuments....................................................................................................... $28.00/each " SurveyDisk....................................................................................................... $15.00/each DrySuit............................................................................................................... $15:00/day PonarSampler...................................................................................................... $30.00/day Microscopes........................................................................................................ $20.00/day MobileTelephone............................................................................................... $10.00/day Penetrometer....................................................................................................... $55:00/day Generator.................................................................................... $60.00/day * ADCP monthly cost may be pro -rated for shorter periods of use 3 CONFIDENTIAL AND PROPRIETARY INFORMATION 79 APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC 2021 STANDARD RATE SCHEDULE (Continued) III. SCUBA DIVING SERVICES Rate IV. 0 Equipment & Insurance............................................................................. $75/diver/day ** ** Charge in addition to normal hourly rates for personnel listed on Page 1. NUMERICAL MODELS Rate ADCIRC Tidal Circulation Model ................................................ $1,000/project BOUSS 2D WAVE - Wave Refraction/Diffraction Model .................... $1,000/project MIKE21- NSW Spectral Wave Transformation Model ........................ $2,000/project MIKE21- HD 2D Current Simulation Model ................................... $2,000/project MIKE21- ST 2D Sediment Transport Model .................................... $2,000/project DELFT 3D WAVE - SWAN Wave Refraction/Diffraction Model.......... $1,000/project DELFT 3D FLOW - 2D Hydrodynamic Model ................................. $2,200/project DELFT 3D MORPHO - Morphodynamic Model ............................. $3,000/project DELFT 3D WAQ — Water Quality Model ....................................... $2,000/project REPRODUCTIONS Photocopies.— Black & White 8%2"x11"and 8%2"x l4........ 11" x 17" ................................. Heavy Bond ........................... Cover Stock ............................ Photocopies — Color 8%2"x11"and 8%"x14" 11" x 17" ........................... Heavy Bond ..................... Cn-,ger Ctnrlr CAD Plotter Copies 8%"x ll" and 8 %2"x 14.. ............................ 11 " x 17" ....................................................... 24" x 36" ....................................................... Rates .......................................... $0.10/page .......................................... $0.15/page .......................................... $0.30/page .......................................... $0.50/page .......................................... $0.50/page .......................................... $0.75/page ........................................... $1.00/page .......................................... $1.00/page .............. $1.00/each .............. $2.00/each .............. $3.00/each VI. APPROVED SUB -CONSULTANTS (management fee) .............................. 10% of cost VII. DIRECT COSTS (handling fee)..................................................................... 10% of cost 4 CONFIDENTIAL AND PROPRIETARY INFORMATION 80 REVISED EXHIBIT 1 ATKI N5 Member of the SNC-Lamlin Group Indian River County Continuing Engineering Services RFQ 2018008 2021 Contract Extension As requested, below are the proposed billing rates associated with this contract extension for Atkins North America, Inc. RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Labor Category 2021 Proposed Billing Rate Sr. Project Manager $220.00 Project Manager $208.00 Project Controls Manager $150.00 Sr Engineer IV $240.00 Sr Engineer III $192.00 Sr Engineer II $165.00 Sr Engineer 1 $136.00 Engineer II $110.00 Engineer 1 $105.00 Engineer Intern $80.00 Chief Designer $165.00 Sr Designer 1 $136.00 Sr Designer II $154.00 CAD Designer II $104.00 Senior GIS Analyst III $145.00 GIS Analyst 1 $120.00 Sr Landscape Architect IV $200.00 Sr Landscape Architect III $145.00 Landscape Architect 1 $70.00 Sr Estimator/Scheduler 1 $155.00 Survey Two Person Crew $165.00 Survey Three Person Crew $224.00 Survey Four Person Crew $286.00 Sr Scientist III $203.00 .Sr Scientist II $155.00 Sr Scientist 1 $136.00 Scientist II $104.00 Scientist 1 $92.00 Administrative Coordinator 1 $88.00 ! These hourly billing rates will remain effective for the initial duration of this Agreement, iaov+mancong1ting.com and may be renegotiated should an additional renewal period be exercised. Indian River County Hourly Rate Schedule "B" RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 CLASSIFICATION HOURLYRATES Principal $275.00/HR Department Executive $213.39/HR Senior Project Manager $196.89/HR Project Manager $168.29/HR Senior Surveyor $175.00/HR Project Surveyor $159.00/HR Engineer I $101.19/HR Engineer II $112.00/HR Engineer III $128.69/HR Designer I $ 97.89/HR Designer II $108.89/HR Designer III $119.88/HR Construction Inspector $ 95.69/HR CADD Drafter I $ 56.09/HR CADD Drafter II $ 90.19/HR CADD Drafter III $101.19/HR Survey Technician I $ 76.00/HR Survey Technician II $ 98.00/HR Survey Technician III $121.00/HR Survey Field Crew —1 Man $121.00/HR Survey Field Crew — 2 Man $147.00/HR Survey Field Crew — 3 Man $180.00/HR UAV Operation $184.79/HR 3D Scanning Crew $184.79/HR 3D Modeling Technician $134.00/HR Machine Control Technician $134.00/HR Survey Field Technician $ 63.00/HR Administrative Professional $ 72.59/HR These hourly billing rates will remain effective for the initial duration of this Agreement, iaov+mancong1ting.com and may be renegotiated should an additional renewal period be exercised. REVISED EXHIBIT 1 CARTER ASSOCIATES, INC. CONTINUING ENGINEERING SERVICES FOR INDIAN RIVER COUNTY MAY 18, 2021 TO APRIL 16, 2023 RATESCHEDULE Staff Tvpe: Hourly Rates Engineer (Principal) $181.50 Engineer I $154.00 Engineer II $137.50 Engineer III $126.50 Engineer IV $115.50 Engineer V $104.50 CAD/GIS Tech I $126.50 CAD/GIS Tech II $121.00 CAD/GIS Tech III $115.50 CAD/GIS Tech IV $104.50 CAD/GIS Tech. V $ 93.50 Administrative Staff $ 66.00 Inspector $ 71.50 REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost BlueprintsBlackline (24" x 36") $2.20/Each Color Prints (24"x36) $5.50/Each Mileage IRS Standard Rate Photocopies: 8.5" x 11" 16¢/Each 8.5" x 14" 27¢/Each 11" x 17" 38¢/Each Note: These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. JARate Schedules12021\2021-01 IRC Renewal Rate Schedule .docx page 1 of 1 83 CDM SCHEDULE OF HOURLY BILLING RATES CATEGORIES PROFESSIONAL SERVICES SENIOR OFFICER SENIOR TECHNICAL EXPERT OFFICER ASSOCIATE PRINCIPAL SENIOR PROFESSIONAL PROFESSIONAL II PROFESSIONAL I PROFESSIONAL SUPPORT SERVICES SENIOR SUPPORT SERVICES STAFF SUPPORT SERVICES FIELD SERVICES SENIOR PROFESSIONAL PROFESSIONAL PROJECT SUPPORT SERVICES DOCUMENT CONTROL SPECIALIST HOURLY RATES $245 $240 $235 $220 $215 $180 $150 $130 $135 $100 $120 $95 $95 Subconsultants and direct expenses are not included in the hourly billing rates. All subconsultant and other direct project related expenses are subject to a minimum handling/administrative charge of 10 percent. RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Coastal Waterways Design & Engineering LLC REIMBURSABLE EXPENSES DIRECT REIMBURSABLE EXPENSES Plotting/Reproduction Cost x 1.1 Copies - Cost Per Sheet (8.5x11 equivalent) $0.22 Mileage - Cost Per IRS Standard Mileage Rate Other Project Related Expenses Cost x 1.1 RATE SCHEDULE TITLE HOURLY RATE Principal Coastal Engineer $214 Senior Coastal Engineer $170 Project Manager $155 Coastal Engineer 1 $133 Senior Designer $120 Senior Floodplain Manager $110 Coastal Engineer II $107 Senior GIS Specialist $107 Designer $103 Senior Technician $93 Floodplain Manager $88 Engineering Technician $88 Inspector $80 Drafting/Designer - CAD $70 Clerical/Administrative $70 REIMBURSABLE EXPENSES DIRECT REIMBURSABLE EXPENSES Plotting/Reproduction Cost x 1.1 Copies - Cost Per Sheet (8.5x11 equivalent) $0.22 Mileage - Cost Per IRS Standard Mileage Rate Other Project Related Expenses Cost x 1.1 RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Subconsultant of Coastal Waterways ARDEA ENVIRONMENTAL CONSULTANTS, LLC Professional Hourly Rate Schedule Indian River County Principal Project Manager Senior Permit Specialist Permit Specialist Principal Scientist Senior Scientist Scientist GIS/CAD Field Technician Administrative Reimbursable Expenses Mileage $135/hour $110/hour $110/hour $93/hour $135/hour $110/hour $93/hour $70/hour $70/hour $70/hour Cost + 10% @$0.54/mile �ARDEA 2 Environmental Consultants 86 RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Subconsultant of Coastal Waterways Oceanside Solutions RATE SCHEDULE TITLE Principal Hydrographic Surveyor Project Manager Project (Field) Engineer Field Technician (Hydro Surveyor) Senior Technician Technician (Rodsman) Drafting/Designer - CAD Clerical/Administrative EQUIPMENT RENTAL Scientific/Survey/Dive Vessel (38' Aluminum) Scientific/Survey/Dive Vessel (21' Aluminum) Single Beam Survey w/Vessel Multi Beam Survey w/Vessel Side Scan Sonar w/Vessel Oceanographic Current Meter (ADCP) HOURLY RATE $210 $150 $130 $110 $90 $70 $70 $70 Oceanographic Current Meter with wave (ADCP) Beach Profile Survey Crew Sieve Analysis w/Munsell Color (P.E. Signed and Sealed) REIMBURSABLE EXPENSES DIRECT REIMBURSABLE EXPENSES Plotting/Reproduction . Copies - Cost Per Sheet Mileage - Cost Per Mileage Towing Vessel- Cost Per Other Project Related Expenses $1,950/day $1,300/day $4,100/day $6,000/day $4,900/day $850/day $1,100/day $1,650/day $550/sample Cost x 1.1 $0.20.x 1.1 IRS Standard Mileage Rate IRS Standard Mileage Rate+$0.17/mi. Cost x 1.1 87 CONFIDENTIAL GEOSYNTEC CONSULTANTS INDIAN RIVER COUNTY CONTINUING ENGINEERING SERVICES AGREEMENT RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Rate/Hour Staff Professional $132 Senior Staff Professional $154 Professional $176 Project Professional $203 Senior Professional $225 Principal $245 Senior Principal $260 Engineering Technician I $66 Engineering Technician II $77 Senior Engineering Technician 1 $82 Senior Engineering Technician 11 $88 Site Manager I $98 Site Manager II $110 Construction Manager I $120 Construction Manager H $132 Senior Designer $165 Designer $143 Senior Drafter/Senior CADD Operator $126 Drafter/CADD Operator/Artist $115 Project Administrator $71 Clerical $55 Direct Expenses At Cost Subcontract Services Cost plus 10% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications $15 per hour Personal Automobile (per mile) Current Gov't Rate Photocopies $0.12 per page Rates are provided on a confidential basis and are client and project specific. Rates for field equipment, health and'safety equipment, and graphical supplies presented upon request. Geosyntec Proposed IRC 2021-2023 Rates_Revision2 88 JonesEdmundsl Integrity . Knowledge • Service Indian River County RFQ No. 2018008 Renewal and Amendment No. 1 Continuing Consulting Engineering Services Fee Schedule for 2- Year Extension Period Rates Effective May 18, 2021 through April 16, 2023 Group..Category Engineering / Science Project Officer / Senior Consultant $ 250 Senior Project Manager / Chief Engineer $ 235 Senior Engineer $ 230 Project Manager/ Project Engineer $ 185 Senior Scientist $ 160 Project Scientist $ 150 Engineer or Scientist $ 130 Engineer Intern PhD / Designer $ 120 Enciineer Intern or Associate Scientist $ 100 CADD Senior CADD Designer $ 115 CADD Designer $ 105 Senior CADD Technician $ 90 GIS Senior Database Administrator $ 170 Systems Analyst $ 170 Senior GIS Analyst or Programmer / Database Administrator $ 130 GIS Analyst or Programmer $ 100 Senior GIS Technician $ 80 GIS Technician $ 70 Environmental Senior Field Technician Environmental $ 100 Environmental Data Analyst $ 90 Construction Senior Construction Administrator $ 160 Construction Administrator $ 132 Senior Field Representative Construction $ 105 Field Representative Construction $ 90 Construction Project Coordinator $ 75 Administrative Senior Technical Editor $ 121 Senior Administrative Assistant $ 93.50 Administrative Assistant $ 71.50 Travel - Company Vehicle — $0.60/mile plus 15% Travel - Personal Vehicle — Current IRS Standard Mileage Rate plus 15% Subconsultants and other direct expenses are not included in the hourly billing rates. All subconsultant and other direct project related expenses are subject to a minimum handling/administrative charge of 15 percent (15%). 89 800.237.1053 1 JONESEDMUNDS.COM Revised 5-5-2021 Kimley>>> Horn "REVISED EXHIBIT 1" KIMLEY-HORN AND ASSOCIATES, INC. FEBRUARY 2021 RFQ NO 2018008 — CONTINUING CONSULTING ENGINEERING SERVICES FOR UTILITY MINOR UTILITY MAJOR ROADWAY, TRAFFIC& TRANSPORTATION ENGINEERING & CONSULTING WATER RESOURCES/STORMWATER DESIGN ENVIRONMENTAL ENGINEERING THROUGH THE SOLID WASTE DISPOSAL DISTRICT (SWDD) SCHEDULE OF HOURLY RATES Effective May 18, 2021 through April 16, 2023, the following rates are utilized in calculating invoices for services: Category Rate Principal $235.00 - $260.00 Senior Professional $192.00.- $250.00 Registered Professional $126.00 — $192.00 Professional 2 $104.00 — $159.00 Professional 1 $104.00 — $143.00 Designer $115.00 — $165.00 Sr. Support Staff $75.00 — $95.00 Support Staff $63.00 — $75.00 These hourly billing rates will remain effective for the initial duration of this Agreement, and may be. renegotiated should an additional renewal period be exercised. EXHIBIT 12621 Hourly Rates MDM - R6ised.DOCX 90 EXHIBIT A MARLIN ENGINEERING, INC. LOADED HOURLY RATES Indian River County - Continuing Consulting Engineering Services Roadway, Traffic & Transportation Enginee RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 CLASSIFICATION Loaded Labor Rate (per hour) Principal $220.00 Project Manager $198.00 Chief Engineer $192.50 Chief Planner $192.50 Senior Roadway Engineer $176.00 Senior Traffic Engineer $176.00 Senior Structural Engineer $176.00 Senior Planner $143.00 Project Engineer $143.00 Traffic Engineer $121.00 Senior Designer $121.00 Engineering Intern $110.00 Designer $110.00 Planner $110.00 GIS Technician $99.00 CADD Technician $99.00 Senior Engineering Technician $93.50 Engineering Technician $82.50 Construction Inspector $110.00 Senior Inspector $110.00 Utility Coordinator $110.00 Senior Surveyor & Mapper $181.50 Surveyor $121.00 Survey Technician $93.50 2 -Man Survey Crew (8 -Hour Day) $1,156.10 3 -Man Survey Crew (8 -Hour Day) $1,449.80 4 -Man Survey Crew (8 -Hour Day) $1,742.40 Clerical $ 55.00 SUBCONSULTANTS LOADED LABOR RATES GCME, Inc. Classification Loaded Labor Rate (per hour) Principal Engineer $247.50 Senior Engineer $214.50 Project Engineer $152.30 Engineer $103.13 Engineering Technician $85.80 91 1of2 CADD/Computer Technician $85.80 SSN Engineering, LLC Classification Loaded Labor Rate (per hour) Senior Engineer $165.00 Project Engineer $132.00 Engineering Technician $99.00 92 2of2 p 13OMMIBV " ENGINEERING, INC. MOIA BOWLES VILLAMIZAR'& ASSOCIATES www.mbveng.com . CA #3728 May 5, 2021 Ms. Jill Williams Indian River County Public Works 180127 1h Street Vero Beach, FL 32960 REVISED EXHIBIT 1 Subject: Continuing Consulting Contract (2018008) Renewal & Amendment No. 1 Agreement Professional Engineering Fees for the term 5/18/2021 - 4/16/2023 Dear Ms. Williams: Our firms current hourly billing rates are as follows: Engineering: Surveying: Principal $190 / Hour Project Surveyor $165 /Hour Sr. Engineer II $190 / Hour Two -Mari Field Crew $150 / Hour Sr. Engineer 1 $165 / Hour Three -Man Field Crew $230 / Hour Jr. Engineer $140 / Hour Sr. Technician $125 / Hour Sr. Technician $125 / Hour Jr. Technician $100 /. Hour Jr. Technician $ 95 /Hour Sr. Autocad Technician $100 /Hour Inspector $125 /Hour Autocad Technician $ 85 /Hour Administrative 1I $ 85 /Hour Administrative Assistant $ 65 /Hour Administrative 1 $ 65 /Hour Subconsultant Management Fee 10% These hourly billing rates will remain effective for this renewal period of the initial agreement. Should you have any questions regarding the above subject, please feel free to contact our office at any time. Sincerely, Aaron Bowles, P.E. Vice President 1835 20th Street 1250 W. Eau Gallie Blvd., Suite H 806 Delaware Avenue Vertu Beach, FL 32960 Melbourne, FL 32935 Ft. Pierre, FL 34950 772.569.0035 321.253.1510 772.468.9055 Fax: 772.778.36 17 Fax: 321153.091 1 Fax: 772.778.3617 901 Martin Downs Blvd., Suite 203 Palm City, FL 349V3 772.426.9959 Fax: 772.778.3617 CONSULTANT: Employee Category Revised Exhibit 1 — Hourly Rates May 18, 2021 — April 16, 2023 CONSULTANT'S BILLING RATE Masteller & Moler. Inc. REVISED EXHIBIT 1 Hourly Billing Rate Principal /Professional Engineer $ 190.00/hr. Professional Engineer $ 165.00/hr. Project Manager $ 135.00/hr. CAD Draftsperson/Designer $ 110.00/hr. Project Field Representation (Inspector) $ 90.00/hr. Administrative $ 75.00/hr. Reimbursables Materials Cost Sub -Consultants Cost + 10% Recording & Permit Fees Cost Mileage (prevailing rate) $ 0.56 / mile Reimbursable Expenses: Postage, UPS, FedEx, etc. Cost CD Blueprints (24" x 36) Photocopy (8.5" x 11") Photocopy (8.5" x 14") Photocopy (11" x 17") $ 10.00 ea. $0.333/SF=2.00 ea. $ 0.25 / ea. $ 0.35 / ea. $ 0.50 / ea. 94 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING INDIAN RIVER COUNTY Amended Exhibit 05/05/2021 CONTINUING ENGINEERING SERVICES (RENEWAL) FEE SCHEDULE 05/18/2021 THROUGH 04/16/2023 Engineering- Hourly Rate - Principal: $200.00 / hour Project Manager / Engineer: $165.00 / hour Design Tech: $132.00 / hour Construction Manager: $ 93.50 /hour Draftsman: $ 93.50 /hour Inspector: $ 82.50 /hour Clerical: $ 66.00 /hour Surveying - Principal: $125.00 / hour Licensed Surveyor: $125.00 / hour CAD drafting: $ 75.00 /hour Field Work: $125.00 / hour Reimbursable Exoenses- Application Fees: At cost Federal Express: At cost Outside Consultants: At cost Prints: $ 2.00 / page Color Prints: $ 2.50 / page Copies: $ .15 /page - Color Copies: $ 1.00 / page Miles: $ .56 /mile SWPPP Inspections: $.100.00 / inspection 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772/ 770-9622 FAX 772 / 770-9496 EMAIlLinfo@sbsengineers.com Registry #: 8668 95 Stantec RATE AND FEE SCHEDULE FOR INDIAN RIVER COUNTY Effective Dates: May 18, 2021 through April 16, 2023 1. Personnel (Hourly Rates, inclusive of Overhead and Profit): Stantec Classification Technical Classification Minimum Rate $ Maximum Rate $ Senior Principal Senior Principal En gineer/Scienfist $203 $231 Principal Senior Project Manager/Engineer/Scientist $170 $203 Senior Associate Professional Project Mana er/En ineer/Scientist $159 $181 Associate Engineer/Scientist (Level 2) $115 $148 Associate Engineer/Scientist (Level 1) $93 $126 Technician CAD/GIS/Technician $82 $107 Admin I Support Staff $71 $93 2. Reimbursable and Direct Expense: Item Charge Item Charge Postage & Shipping Actual Cost Commercial Air Cost Travel(Coach)Actual Telephone (Long Distance) Actual Cost Vehicle Travel $0.56/mile Allowance Reproduction Vehicle Rental & (Photocopy) $0.15/Page Gas * Actual Cost 81 /2" x 11 " 81/2" x 14" $0.20/Page Lodging (Per Person) Actual Cost or NTE -*$188 11"x 14" $0.35/Page Tolls Actual Cost Reproduction Meals ** (Blue/White Prints) $0.20/Sq. Ft. Breakfast: $14.00 Printing & Binding Actual Cost Lunch: $16.00 Mylar Sheets Actual Cost Dinner: $26.00 Direct Expenses Actual Cost Subconsuttants Cost Plus 5% * Note: Choose one - Vehicle Travel Allowance OR Vehicle Rental & Gas. ** Note: In accordance with the GSA M&IE schedule for Travel utilizing the 'Indian River County, FL' rates. *** Note: NTE indicates 'Not to Exceed'. 96 REVISED EXHIBIT 1 Exhibit 1 Tetra Tech, Inc. Indian River County Professional Services Hourly Rate Fee Schedule Effective May 18, 2021 through April 16, 2023111 Raw Labor Rates Direct LaborRate Raw Labor Rates x Multiplier Position/Titles Minimum Maximum Multiplier $ Minimum $ Maximum Project Management $ 15.00 $ 32.00 3.0 $ 45.00 $ 96.00 Project Assistant $ 12.00 Sr Project Manager $ 52.00 $ 85.00 3.0 $ 156.00 $ 255.00 Project Manager $ 41.00 $ 73.00 3.0 $ 123.00 $ 219.00 Engineers Reimbursable Expenses Principal Engineer $ 77.00 $ 99.00 3.0 $ 231.00 $ 297.00 Sr. Engineer $ 50.00 $ 82.00 3.0 $ 150.00 $ 246.00 Project Engineer 11 $ 40.00 $ 58.00 3.0 $ 120.00 $ 174.00 Project Engineer 1 $ 35.00 $ 46.00 3.0 $ 105.00 $ 138.00 Engineer III $ 28.60 $ 44.00 3.0 $ 85.80 $ 132.00 Engineer II $ 26.00 $ 37.40 3.0 $ 78.00 $ 112.20 Engineer 1 $ 24.00 $ 31.90 3.0 $ 72.00 $ 95.70 Engineering Technician $ 13.16 $ 24.00 3.0 $ 39.48 $ 72.00 Scientists Scientist VI $ 45.00 $ 71.00 3.0 $ 135.00 $ 213.00 Scientist V $ 31.00 $ 57.00 3.0 $ 93.00 $ 171.00 Scientist IV $ 27.00 $ 38.00 3.0 $ 81.00 $ 114.00 Scientist III $ 24.00 $ 30.00 3.0 $ 72.00 $ 90.00 Scientist 11 $ 20.00 $ 26.00 3.0 $ 60.00 $ 78.00 Scientist 1 $ 19.00 $ 23.00 3.0 $ 57.00 $ 69.00 Design Professionals Sr CAD/Eng Designer II $ 40.00 $ 55.00 3.0 $ 120.00 $ 165.00 Sr CAD/Eng Designer 1 $ 27.00 $ 42.00 3.0 $ 81.00 $ 126.00 CAD/Engineering Designer III $ 25.00 $ 34.00 3.0 $ 75.00 $ 102.00 CAD/Engineering Designer II $ 19.67 $ 26.00 3.0 $ 59.01 $ 78.00 CAD/Engineering Designer 1 $ 17.60 $ 22.00 3.0 $ 52.80 $ 66.00 Surveyors Sr Land Surveyor $ 41.00 $ 55.00 3.0 $ 123.00 $ 165.00 Land Surveyor $ 28.00 $ 40.00 3.0 $ 84.00 $ 120.00 Survey Crew Chief $ 25.00 $ 39.00 3.0 $ 75.00 $ 117.00 Survey Tech $ 18.70 $ 30.00 3.0 $ 56.10 $ 90.00 Architects Architectural Program Mgr $ 65.00 $ 89.00 3.0 $ 195.00 $ 267.00 Sr Architect $ 55.00 $ 76.00 3.0 $ 165.00 $ 228.00 Architect $ 35.00 $ 56.00 3.0 $ 105.00 $ 168.00 Architectural Designer $ 18.70 $ 38.50 3.0 $ 56.10 $ 115.50 GIS Analysts Sr Analyst $ 30.00 $ 65.00 3.0 $ 90.00 $ 195.00 Project Analyst II $ 24.00 $ 40.00 3.0 $ 72.00 $ 120.00 Project Analyst 1 $ 18.00 $ 28.00 3.0 $ 54.00 $ 84.00 Project Administration Sr Project Administrator $ 27.00 $ 35.00 3.0 $ 81.00' $ 105.00 Project Administrator $ 15.00 $ 32.00 3.0 $ 45.00 $ 96.00 Project Assistant $ 12.00 $ 22.00 3.0 $ 36.00 $ 66.00 Contract Administrator $ 26.00 $ 37.00 3.0 $ 78.00 $ 111.00 Subconsultant Cost + 10% Reimbursable Expenses Engineer's Reimbursable Travel/Mileage At Cost Other Direct Costs At Cost I'IThese hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. 97 OWRMA WATER RESOURCES I ENGINEERING Water Resources Management Associates, Inc. Indian River County RFQ No. 2018008 Water Resources/Stormwater Design RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Hourly Rate Schedule Principal Engineer (PE) $ 160.00 Senior Project Manager (PE) $ 125.00 Senior Engineer (PE) $ 115.00 Associate Engineer / Project Manager (PE) $ 110.00 Staff Engineer (EI) $ 85.00 Senior Scientist / Project Manager $ 125.00 Senior Scientist / Analyst $ 110.00 Senior GIS Analyst $ 95.00 Staff GIS Analyst $ 80.00 Hydrogeologist $ 120.00 Expert Witness (PE) $ 160.00 Engineering Design / CADD Technician $ 65.00 Field Representative $ 80.00 Administrative Assistant $ 65.00 WATER RESOURCES MANAGEMENT ASSOCIATES, INC. 250 Tequesta Dr, Suite 302 1 Tequesta, FL 33469 1561.529.2075 o 1561.401.9385 f I www.wrmaeng.com 98 OWRMA WATER RESOURCES I ENGINEERING INDIAN RIVER COUNTY RFP NO. 2018008 CONTINUING ENGINEERING FOR INDIAN RIVER COUNTY WATER RESOURCES/STORMWATER DESIGN DISCIPLINE SUB -CONSULTANT UNIT RATES FOR: MORGAN & EKLUND, INC. (SURVEYING SERVICES) TERRACON (GEOTECHNICAL SERVICES) WATER RESOURCES MANAGEMENT ASSOCIATES, INC. 250 Tequesta Dr, Suite 302 1 Tequesta, FL 33469 1561.529.2075 o 1561.401.9385 f I www.wrmaeng.com 99 REVISED EXHIBIT 1 M&E Morgan & Eklund, Inc. 4909 U5 Highway 1 Phone: 772-3BB-5384 Vero Beach, Florida 32967 Fax: 772-3BB-3165 Fee Schedule for Indian River County 2018008 Office Personnel: Chief Surveyor/PSM $120/hr. Project Surveyor/Manager/PSM $95/hr. Field Operations Su ervisor $75/hr. Senior Survey Computer Technician (CAD/ Processing) $75/hr. Survey Technician (CAD / Processing) $65/hr. Geodetic Processing $85/hr Administrative Assistant (Research — Clerical) $40/hr. Field Personnel: Supervisor $50/hr. Three Man Survey Crew $125/hr. Two Man Survey Crew $95/hr. Three Man GPS Crew (RTK/GPS) $165/hr.. Two Man GPS Crew (RTK/GPS) $135/hr. GIS Data Collection (DGPS with Data Collector $130/hr. Specialized Survey Equipment: 26' Parker Survey Boat $450/day Leica NA 3003 Digital Level $55/day Additional GPS Receivers $200 per receiver per day Trimble DGPS $300/day Digital Fathometer $85/day Motion Compensator $200/day H)Tack Navigation Software & Com uter $50/day Submersible Tide Gauge $50/day Polaris 6 WD Beach Vehicle . $75/day 100 REVISED EXHIBIT 1 Irerracon II. FIELD EXPLORATION WORK A. Standard Penetration Test and Split -barrel Sampling of Soils 0'- 50': Geotechnical Engineering Services 50'— 75': $15.00/foot Fee Schedule $20.00/foot I. SOIL & AGGREGATE TESTING $13.00/foot A. Sieve Analysis of Fine and Coarse Aggregates $80.00/test B. Particle -Size Analysis of Soil (Hydrometer) $120.00/test C. Percent Finer than the U.S. No.200 Sieve $60.00/test D. Atterberg Limits $90.00/test E. Organic Content of Soils (T267) $50.00/test F. Moisture Content $15.00/test G. Permeability of Granular Soils (Constant Head) $200.00/test II. FIELD EXPLORATION WORK A. Standard Penetration Test and Split -barrel Sampling of Soils 0'- 50': $13.00/foot 50'— 75': $15.00/foot 75'- 100': $20.00/foot B. Continuous Flight or Hollow -Stem Auger Borings 0'-50': $13.00/foot C. Mobilization/demobilization of Truck -Mounted Drill Rig $500.00/event D. SFWMD Constant/Falling Head Field Permeability Tests $400.00/test E. Casing Installation (up to 4" ID) 0'- 50': $7.00/foot 50'— 75': $9.00/foot 75'— 100': $9.00/foot F. Grout Seal Boreholes 0'- 50': $5.00/foot 50'- 75': $6.00/foot 75' — 100': $7.00/foot Terracon Consultants, Inc. 645 NW Enterprise Drive, Suite 107 Port St. Lucie, Florida REVISED EXHIBIT 1 Irerracon Geotechnical Engineering Services Fee Schedule G. Cone Penetration Sounding $13.00/foot H. Rock Coring (HQ Barrel) 0'— 50': $32.00/foot 50' — 75': $34.00/foot 75'— 100': $36.00/foot I. Thin -Walled Tube Samples $120.00/each J. Groundwater Measurement and Sampling 1. Shallow Groundwater Monitoring Well (less than 12 feet) $30.00/lf 2. Groundwater Monitoring Wells (2" diameter) 0 — 25 ft depths $35.00/lf 25 — 50 ft depths $38.00/lf 50 — 75 ft depths $45.00/lf 75 — 100 ft depths $55.00/lf 3. Locking Protection Assembly (Riser) $320.00/each 4. Locking Protection Assembly (flush mounted) $320.00/each 5. Clear/Develop Wells for Sampling $170.00/hour K. Double -Ring Infiltration Test $550:00/test L. Drill Rig/Crew (2 -man) Stand-by $180.00/hour III. EQUIPMENT USE CHARGES A. Coring Equipment $140.00/day Terracon Consultants, Inc. 645 NW Enterprise Drive, Suite 107 Port St. Lucie, Florida REVISED EXHIBIT 1 Irerracon Geotechnical Engineering Services Fee Schedule IV. ENGINEERING SERVICES A. Engineering Technician $60.00/hour B. Senior Engineering Technian $70.00/hour C. Administrative/Clerical/Word Processing $55.00/hour D. CADD Technician $75.00/hour E. Staff Engineer $85.00/hour F. Project Engineer $135.00/hour G. Principal Engineer $175.00/hour Terracon Consultants, Inc. 645 NW Enterprise Drive, Suite 107 Port St. Lucie, Florida . P [772] 343-9787 F [772] 343-9404 terracon.com INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager OF SUBJECT: Amendment No. 2 — FDEP Grant Agreement No. 171112 (Wabasso Beach Restoration Project (Sector 3)) DATE: May 4, 2021 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2016/2017 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. On February 26, 2018, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 171R2 with Indian River County; committing up to $250,000, at a cost share ratio of 50% State - 50% Local, for permit -required construction related monitoring of the Sector 3 Beach and Dune Restoration Project. On June 22, 2018, Grant Agreement 171R2 was amended by the FDEP to increase amount of funding by $643,102.60 (at a cost share ratio of 50% State - 50% Local) as a result of unused funds from a prior LGFR grant issued to the County for Sector 3 Beach and Dune repairs (LGFR 141R2). Amendment No. 1 increased the total eligible grant project costs under LGFR 171112 to $893,102.60 at a cost share ratio of 50% State — 50% Local. On May 4, 2021, in response to a request from the County to FDEP for an extension to the Task End Dates identified in the original agreement and Amendment No. 1, FDEP issued Amendment No. 2 to Grant 171112. Amendment No. 2 maintains the same funding levels, but extends the Task End Dates through to September 30, 2022, reflecting a twenty (20) month extension to the deadlines for the completion of all tasks and submittal of deliverables. The extension request by the County was necessary due to the Sector 3 Beach and Dune Restoration Project being split up over 2 construction seasons (Winter 2020/2021 and Winter 2021/2022) due to the size and complexity of the project. The FDEP granted extension will allow time for project completion and required deliverable submittals. The attached amendment maintains FDEP's commitment of up to $446,551.30 in cost -share funding to the County's local cost share of up to $446,551.30, totaling up to $893,102.60 for monitoring and design related expenses for the County's Sector 3 Beach and Dune Restoration Project. Cost -share is outlined in the below table. 104 Task # Eligible Project Task DEP Cost Share (%) ' DEP Cost Share Local Cost Share Total Task End Date 1 Monitoring '50.00% $ 125,000.00 $ 125,000.00 $ 250,000.00 09/30/2022 2 Design 50.00% $ 321,551.30 $ 321,551.30 $ 643,102.60 09/30/2022 Total $ 446,551.30 $ 446,551.30 $ 8931102.60 FUNDING Funding for construction related activities is available in the Sector 3 Beach and Dune Restoration Project Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricanes Matthew, Irma and Dorian, Account # 12814472-066514-17001 and includes funding from the Local Option Tourist Tax Revenue, FEMA Project Worksheets, and Local Government Funding Request Grant 171112 reimbursements. Account Name I Account Number Budgeted Amount Sector 3 Beach and Dune Restoration Fund 1 12814472-066514-17001 $446,551.30 RECOMMENDATION Staff recommends the Board approve FDEP Amendment No. 2 to FDEP LGFR Grant Agreement No. 171112 for up to $446,551.30 and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State for final signatures. Upon receipt of the fully executed FDEP Grant Agreement 171112 Amendment No. 2 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. Amendment No. 2 to FDEP Grant Agreement 171112 APPROVED AGENDA ITEM FOR: May 18, 2021 105 AMENDMENT NO.2 TO AGREEMENT NO. 17IR2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 17IR2, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Building A, Vero Beach, FL 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the Wabasso (Indian River Sector 3) Beach Restoration effective February 26, 2018; and WHEREAS, the Grantee has requested additional time to complete the project and the Department has agreed to the request. NOW THEREFORE, the parties agree as follows: 1) The Agreement is extended for a 20 month period to begin April 30, 2021, and remain in effect until December 31, 2022. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant Work Plan. 3) The following provision herby replaces Attachment 1, Section 24 of the Agreement: Scrutinized Companies. A. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 4) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. 106 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County By: Chairman Date: Florida Department of Environmental Protection By: Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment 3-B Second Revised Grant Work Plan (3 pages) - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - 107 ATTACHMENT 3-B SECOND REVISED GRANT WORK PLAN PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP) reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County. PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 and R51.3 in Indian River County. Phase I of the construction was completed in 2010 and Phase II was completed in 2012. Due to damages sustained during Hurricane Sandy minor emergency repairs were constructed in 2012 and a full storm repair project was constructed in the winter of 2014/2015. Sector 3 was impacted from Hurricanes Matthew (2016) and Irma (2017) necessitating additional design and permitting for the repair of the entire project area. PROJECT DESCRIPTION: The project consists of permit required monitoring and design. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $446,551.30 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 6213-36, F.A.C. The Grantee will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes (F. S.). Pursuant to Sections 161.091 - 161.161, F.S, the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program; and Pursuant to 62B -36.005(1)(d), Florida Administrative Code (F.A.C.), the Grantee has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of Work for an eligible Project item. The monitoring standards may be found at: .http://www.dep.state.fl. us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. 108 Acronyms: DEP or FDEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. -Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission I II 11f.17iitij 1J_WN Li/ WIT.11_: 1-&3 For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting advance payment, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be, consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with section. 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's .marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach. Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the . Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. 109 Task 2: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost State Task Title. Budget Category Budget Amount Task # Eligible Project Tasks Cost DEP Local Total Share Contractual Services $125,000.00 01/01/2018 09/30/2022 09/30/2022 2 Design 1 Monitoring 50.00% $125,000.00 $125,000.00 $250,000.00 2 Design 50.00% $321,551.30 $321,551.30 $643,102.60 COSTS 1 $446,551.301 $446,551.30 $893,102.60 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title. Budget Category Budget Amount Task Start Date. Task End Date Deliverable Due Date 1 Monitoring Contractual Services $125,000.00 01/01/2018 09/30/2022 09/30/2022 2 Design Contractual Services $321,551.30 01/01/2018 09/30/2022 09/30/2022 Total: $446,551.30 110 Consent Item 16 Indian River County, Florida Department of Utility Services Board Memorandum Date: May 7, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Richard Meckes, Wastewater Superintendent Subject: West Regional Wastewater Treatment Plant Oxidation Ditch and Bridge Structural Improvements, Work Order #4 Phase 1 Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates the West Regional Wastewater Treatment Facility (WRWWTF) located at 8405 8th Street. The existing aeration ditch was originally built in 1994, and was repurposed and reconfigured during the facility expansion in 2010. It has been determined that there are significant concerns regarding the structural integrity of the original oxidation ditches and the associated bridges. Analysis: In March 2021, staff requested a representative from Atkins, a structural engineering firm to visit the site to make a quick assessment as to the safety of the ditch and bridges. After the initial assessment, it was determined that there are significant safety concerns affiliated with the oxidation ditch and walkway. Thus staff requested a scope of services to evaluate, design and preform construction services for a repair project. Phase 1: Evaluate more thoroughly the current structural integrity of the overall oxidation ditch structure and associated bridges. Perform visual condition assessment and make a record of defects observed during inspection, noting location and size of defects documented. Perform survey of the oxidation ditch under empty and full conditions to determine location. and extent of any movement occurring in the walls, bridge, and associated piping. Analyze the tanks based on available knowledge. Determine extent of repairs and/or replacements required. Provide options for addressing the issues that are identified and assist the County in determining the preferred alternative. Provide a rough order of magnitude engineer's estimated cost for structural repairs. These decisions will be affected by the intended use and service life expected from the renovated system. Phase 2: Provide design and construction services to implement the structural repairs. (Future work order to be brought back to the Board of County Commissioners (BCC) at a later date.) 111 Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018, extended and amended on May 18, 2021, Atkins has submitted a proposal for Work Order #4 Phase 1 with the total negotiated cost for the professional services in a sum amount of $68,562.00. The negotiated cost has been broken into different tasks including project management, structural survey work, and a technical memorandum to include options for addressing the issues that are identified in Work Order #4 Phase.1 and assisting the County in determining the preferred alternative. Also included in the technical memorandum will be an estimated cost for structural repairs. Funding: Funds for this project are derived from the renewal and replacement budget in the Utilities operating fund. Utilities operating funds are generated from water and sewer revenues. .Description Account Number Amount �_WWWTF Oxidation Ditch & Walkway 47121836-044699-21540 $68,562 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order #4 with Atkins, in the amount of $68,562.00, for professional services that include evaluation of the current structural integrity of the overall oxidation ditch structure and associated bridges at the West Regional Wastewater Treatment Facility, and authorize the Chairman to execute said work order on their behalf. Attachments: Work Order #4: West Regional Wastewater Treatment Plant Oxidation Ditch and Bridge Structural Improvements Phase 1 F:\Utilities\UTILITY- EMPLOYEE FOLDERS\Richard Meckes\Purchasing\Agenda -Atkins Structural Improvements Phase 1 West WWTP v2.docx 112 ATKINS INDIAN RIVER COUNTY UTILITIES DEPARTMENT WORK ORDER No. 4 SCOPE OF SERVICES West Regional WWTP Structural Improvements Phase 1 Background In March 2021, Indian River County Utilities Department (IRC) requested that Atkins (Consultant) provide technical services to design replacements for the bridges that cross the oxidation ditches at the West Regional Wastewater Treatment Plant (West WWTP). To determine the scope of services required, Atkins visited the West WWTP on March 8. During that site visit, it was determined that there were significant concerns regarding the structural integrity of both the anoxic ditches and associated bridges. This culminated in the recommendation to have Staff maintain 10 to 15 feet distance from the oxidation ditches. Due to structural concerns regarding the oxidation ditches, it was determined that the Scope of Services would be broken into two Phases as follows: Phase 1: Evaluate the current structural integrity of the overall oxidation ditch structure and associated bridges. Perform visual condition assessment and make a record of defects observed during inspection, noting location and size of defects documented. Perform survey of the oxidation ditch under empty and full conditions to determine location and extent of any movement occurring in the walls, bridge and associated piping. Analyze the tanks based on available knowledge. Determine extent of repairs and/or replacements required. Provide options for addressing the issues that are identified and assist the County in determining the preferred alternative. Provide a rough order of magnitude engineer's estimated cost for structural repairs. These decisions will be affected by the intended use and service life expected from the renovated system. Phase 2: Provide design and construction services to implement the structural repairs. Scope of Services This Scope of Services is for technical services associated with West WWTP Structural Improvements Phase 1. The scope consists of structural evaluations and verification calculations that will result in generation of options for addressing the structural issues associated with the oxidation ditch and bridge. These options will include repair and upgrade options. These options will be presented at a workshop with IRC and a final decision on upgrading of the structures will be determined. Task 01 Project Management a. General Project Administration This task consists of overall management of the Project including contract administration, budget management, invoicing, monthly status reports, project scheduling, facilitating and coordinating meetings, and coordination with IRC and the Consultant's subconsultants. 113 ATKiNS Task 02 Survey of Oxidation Ditch and Bridges. Oral history and initial visual observations suggest that there is significant movement of the walls of the basin. A survey will be performed to determine the extent of the any movement in the walls and/or bridges. The results of the survey will be used in Task 03 as part of the structural evaluation. a. Survey Set -Up and Implementation The survey will begin with the establishment of 72 Monitoring Targets on 27 different locations around the tank's outside walls and crossing bridges to obtain horizontal and vertical positions. The Monitoring Targets will be established at bottom, middle, top of walls and along the 3 (three) crossing bridges on the top of the tank. The Monitoring Targets will be located 3 (three) times: full, empty, then full again. b. High -Resolution Scan The storage tank will be scanned utilizing a High -Resolution Laser Scanner to generate a 3-D model to capture existing the tank's features for use in evaluating any movement and in facilitating the design of any recommended structural repairs. The scan will be conducted through the utilization of a combination of robotic total stations, first -order digital level with a bar-coded INVAR rod, Fixed Scanning Technology and RTK GPS. c. Survey Details A list of specific tasks and location of the Monitoring Targets associated with this survey are included in Exhibit B. The survey is anticipated to take up to 10 working days. Task 03 Structural Component Evaluation and Data Collection a. Staff Interviews The objective of the staff interviews is to determine what the goals and objectives are for this structure. Discussions will include a review of the structure's historic and current function, IRC's risk tolerance, future use(s), and long-term anticipated design life. b. Review of Existing Records Consultant will prepare a data request to obtain and review readily available information including as -built drawings of the ditches and history of any maintenance or upgrades associated with the structural components of the ditches, calculations, or past reports prepared for these structures. c. Structural Inspection and Evaluation Consultant will visit site to perform a non-destructive structural evaluation of oxidation ditch structure and associated bridge structures. The goal for inspection is to visually observe and document condition of the structures and record any defects observed during inspection. Photographs will be taken of defects observed during inspection for areas that can be safely accessed during time of inspection. The record of defects will be used as a baseline for comparison in the 114 ATKI NS future, to track changes in structure, increase in size or occurrence in defects, and identify areas requiring mitigation. Consultant will use survey of structure to identify location of defects observed. As part of evaluation, calculations will be performed to check the original .design capacity using available information provided to Consultant bythe County and the tank manufacturer in addition to the results of the survey. These calculations will be used to formulate the technical memorandum outlined in Task 04 to determine if the structure still has remaining useful life or if it is no longer safe for operation. A brief summary of field notes and initial findings will be submitted to the client at conclusion of Task 03. Task.04 Technical Memorandum and Workshop The Consultant shall prepare a preliminary technical memorandum (TM) summarizing evaluations of the data collected and results of structural testing. The TM will include up to three (3) options for mitigating or upgrading the existing oxidation ditches and bridge structures, a comparison of the benefits and challenges of implementing each option, and a rough order of magnitude engineer's estimated cost for each option. This preliminary TM will be provided electronically one week prior to being presented in a Workshop format for IRC Staff. The Workshop will culminate in discussions with attendees -that will result in a final recommendation for structural improvements at the West WWTP oxidation ditches. A summary of the Workshop discussions will be created and distributed to attendees within three (3) days of the Presentation. b. Final Evaluation and Recommendation TM Following the Workshop, the TM will be updated to include review comments and to include the final recommendation(s). One (1) electronic copy and four (4) draft hard copies will be provided to IRC Staff. Deliverables Task Deliverable 3 Preliminary Field Notes and Findings 4 Draft Structural Evaluation TM 4 Final Structural Evaluation TM Schedule The anticipated schedule shown below is based on the weeks after the formal issuance of the notice to proceed by the County: 115 ATKINS Task Duration from NTP Project Kick -Off Meeting 2 weeks Begin Survey Activities 4 weeks Data Collection and Review 4 weeks Structural Inspection and Evaluation 4 weeks Draft Structural Evaluation TM 12 weeks Workshop 14 weeks Final Structural Evaluation TM 16 weeks Quality Control Consultant will be responsible for the professional quality of all deliverables. This shall include an internal Quality Assurance Plan that, as a minimum, provides review of all deliverables and significant calculations by another qualified professional that was not responsible for preparing the deliverable or calculation. Assumptions The following assumptions have been made in the development of this scope of work, schedule, and fee: General • The Record Drawings, calculations, and information on any upgrades for both oxidation ditches are available and will be furnished to consultant. • Attendees of the Workshop are designated as decision makers. • Data requests will be addressed within.five (5) calendar days. • Workshop will be held at a location that meets Covid-19 social distancing requirements. • Facilities or areas to be surveyed are readily accessible. • The 3D model could have some obscured areas especially from the inside's scans due of obstructions and limited area to set up the scanner at the crossing bridges on top of the tank. Exclusions The following items are excluded from this scope of work: • Design or permit documents. • Destructive inspection. • Material testing or sampling. • Inspections of enclosed areas. 116 ATKINS Compensation Consultant proposes to perform the work described in Tasks 1— 4 on a Fixed Fee basis with budgets between the sub -tasks and expenses being interchangeable as needed. The estimated total engineering fee including labor and expenses associated with the scope of work is not to exceed $68,562.00 as summarized in the table below and presented in detail in Exhibit A. Task No. Description Price 1 Project Management $ 6,040.00 2 Survey $19,814.00 .3 Structural Component Evaluation and Data Collection $19,024.00 4 Technical Memorandum and Workshop $20,940.00 Expenses $ 2,744.00 Total Extended Price $68.562.00 CONSULTANT: ATKINS SIGNED: TYPED NAME: Chris Rader, PE, ENV SP TITLE: Senior Division Manager DATE: 5111121 CLIENT: INDIAN RIVER COUNTY SIGNED: TYPED NAM TITLE: DATE: 117 ATKINS Exhibit A Atkins Cost Detail 118 ATKINS Member of the SNC-Lavalin Group Cost Proposal - Detail IRC West WWTP Structural Imp Phase 1 Indian River County Task Order Submittal Date: Apr -06=2021 Task# Resource Description Rate Unit Qtty Extended Price Category 1 Project Management Labor Sr. Project Manager Project Manager 220.00 Hr 24.0 5,280.00 190.00 Hr 4.0 760.00 Labor Total 28 6,040.00 1 Project. Management Total 6,040.00 2 Survey Labor Sr. Project Manager 220.00 Hr 4.0 880.00 Sr Geomaticist II 155.00 Hr 17.0 2,635.00 Survey Technician 105.00 Hr 23.0 2,415.00 Survey Two Person Crew 178.00 Hr 78.0 13,884.00 Labor Total 138 19,814.00 2 Survey Total 19,814.00 3 Structural Component Evaluation and Data Collection Labor Sr. Project Manager 220.00 Hr 6.0 1,320.00 Sr Engineer IV 220.00 Hr 14.0 3,080.00 Sr Engineer III 203.00 Hr 48.0 9,744.00 Sr Engineer 1 136.00 Hr 16.0 2,176.00 Sr Designer II 169.00 Hr 16.0 2,704.00 Labor Total 100 19,024.00 ( 3 Structural Component Evaluation and Data Collection Total . 19,024.00 r ATKINS Member of the SNC =Lavalin Group Cost Proposal - Detail IRC West WWTP Structural Imp Phase 1 Indian River County. ' Task Order Submittal Date: Apr -06-2021 Task# Resource Description Rate Unit Qtty Extended Price Category 4 Technical Memorandum and Workshop Labor Sr. Project Manager 220.00 Hr 8.0 1,760.00 Sr Engineer IV 220.00 Hr 20.0 4,400.00 Sr Engineer III 203.00 Hr 24.0 4,872.00 Sr Engineer 1 136.00 Hr 48.0 6,528.00 Sr Designer 11 169.00 Hr 20.0 3,380.00 I Labor Total 120 20,940.00 4 Technical Memorandum and Workshop Total 20,940.00 5 -Expenses ODCs 960.00 Mileage 1.0 - 200.0 200.00 Car Rental 1.0 - 385.0 385.00 Shipping & Postage 1.0 - 75.0 75.00 Copies & Prints 1.0 - 300.0 300.00 O DCs 1,784.00 Supplies 1.0 - 1,084.0 1,084.00 Mileage 1.0 - 700.0 700.00 Subcontract and Expenses Total 2,744.00 5 Expenses Total 2,744.00 Total Extended Price 168,562.00 ATKINS Exhibit B Detailed Survey Scope 121 Atkins North America, Inc ATKINS�,) .482 South Keller Road Orlando, Fl SNC-LA�%ALIN 407-806-4108 Member of the SNC- Lavalin Group Indian River County Utilities Project West WWTP Oxidation Tank Monitoring Survey Scope of Services - Surveying General The services for this project will include structural monitoring of a oxidation ditch (tank) walls at the Indian River County West Regional WWTF. Atkins will establish 72 Monitoring Points (MPs) on 27 different locations around the tank's outside walls and crossing bridges to obtain horizontal and vertical positions. The MPs will be established at bottom, middle, top of walls and along 3 (three) crossing bridges on the top of the tank. Approximate MP locations are shown at the end of this document. The MPs will be located 3 (three) times, first time when the tank is full, second time when the tank is empty and the third time when the tank is full again. The storage tank will be scanned utilizing a High -Resolution Laser Scanner to generate a 3D model to capture existing tank features to facilitate the design of any new improvements by the Engineers. Atkins surveyors will utilize a combination of robotic total stations, First -order digital level with a bar-coded INVAR rod, Fixed Scanning Technology and RTK GPS to collect information. Specific Survey Tasks 1. Atkins will perform a high -order conventional geodetic survey to establish horizontal and vertical control points around the wastewater tank. The control points will be tied to the NAD 83 (2011 adjustment) of the Florida State Plane Coordinate System and NAVD 88 Elevations. 2. Establish MPs on the tank's outside wall and crossing bridges. 3. Located the MPs 3 (three) times. 4. Scan the tank when is empty from the top, standing at different locations on the crossing bridges to capture the tank's inside features and at ground level to capture the outside tank's features. 5. Once the monitoring work is completed, Atkins will remove the MPs from the tank's walls. 6. The survey deliverables will include 1" = 20' scale base file drawing in AutoCAD Civil 3D format with the MP locations, a registered point cloud on e57 format (31D model) and target deltas report. Limitations 1. Facilities or areas to be surveyed are readily accessible 122 T I S Member of the SNC- Lavalin Group Atkins North America, Inc. ©,) 482 South Keller Road Orlando, FI SNC • LAVALIN 407-806-4108 2. The 3D model could have some obscured areas especially from the inside's scans due of obstructions and limited area to set up the scanner at the crossing bridges on top of the tank. 3. Extraction of existing features from the generated point cloud beyond what is described in this scope is not included. Figure 1 123 i71V 1 1L7 - IRC WWTP OX Ditch Survey targets and Data Points ref Cy } �@ PRO 1 A WalcwayTarpats 0 Tank Targets 123 Indian River County, Florida Department of Utility Services Board Memorandum Date: May 12, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John Boyer, PE, Utility Engineer Subject: Shadow Brook Subdivision Water Assessment Project Resolution IV: Final Assessment Roll Background On October 20, 2020, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 1 (2020-091) and Resolution II (2020-092) for a special assessment in connection with a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain properties abutting 34th Street, 58th Court and 34th Lane, located within unincorporated Indian River County. Subsequently, on December 8, 2020 the BCC adopted Resolution III (2020-111) for Shadow Brook Subdivision. The project was approved with a budget of $126,000.00, and: a. A total of fifteen (15) benefitting parcels as part of the special assessment lien; b. An assessment cost per parcel of $8,400.00; and C. Allowed owners of benefitting properties to finance the assessment cost of $8,400.00 through the County for up to 10 years, payable in ten equal yearly installments at an annual interest rate set by the BCC when improvements are completed. Analysis Construction of the project is now complete and the new water system has been placed into service. The actual project cost is summarized below: Item Description Estimated Cost at Actual Project Cost Resolution III (Final) Shadow Brook Water Assessment $126,000.00 $119,950.85* *The Actual Project Cost includes construction, surveying, permitting, IRC staff time and administrative fees. The resulting cost savings will reduce the per -parcel cost for benefitting properties. There are 15 benefitting properties in the project. Thus, the Final Per -Parcel Cost will be: $ 119,950.85 / 15 = $7,996.72 124 Currently, the annual interest rate, as set by the BCC, is 3.25%. Should benefitting property owners elect to finance the assessment amount in 10 annual payments, the total payments will be $9,426.28, representing $7,996.72 in principal and $1,429.56 in interest. Additionally, benefiting property owners have 90 days from this date to pre -pay the principal assessment amount in full. Benefitting property owners who choose to finance the assessment may also pre -pay the remaining principal at any time. Funding Funds for this project are derived from the Assessment Fund. Assessment fund revenues are generated from assessment fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Shadow Brook Water Assessment 473-169000-20529 $ 119,950.85 Recommendation Staff requests the Board of County Commissioners adopt Resolution IV for Shadow Brook Subdivision with a per parcel cost of $7,996.72 and an interest rate of 3.25% for assessment costs. List of attachments 1. Resolution No. IV: Final Assessment Roll 125 As Built (Final Reso.) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH A SPECIAL ASSESSMENT PROJECT FOR A WATER MAIN EXTENSION FROM 58TH AVENUE TO 34TH STREET, INCLUDING 58TH COURT AND 34TH LANE WITHIN SHADOW BROOK SUBDIVISION AND CERTAIN SPECIALLY BENEFITED PROPERTIES ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain specially benefited properties abutting 34th Street, 58th Court and 34th Lane, in unincorporated Indian River County, Florida, was necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, December 8, 2020, the Board held a public hearing at which time and place the owners of property to be assessed could appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 2020-111, which confirmed the special assessment cost of the.project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, now that the project has been completed, the Director of Utility Services has certified the actual "as -built" cost to be less than the cost in confirming Resolution No. 2020-111, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. To avoid interest and penalty charges, payment may be made within ninety days after passage of this resolution (Resolution No. 2021- 2. Payments bearing interest at the rate of 3.25% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 2020-111 shall be as shown on the attached Exhibit "A." 126 RESOLUTION NO. 2021- 4. The assessments, as shown on the attached Exhibit 'A," shall stand confirmed, and will remain legal, valid, and binding first, liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 2020-111, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. 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 Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 18th day of May, 2021. Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk Approved for form and legal sufficiency: Dylan Reingold, County Attorney 2 BOARD OF COUNTY COMMISSIONERS INDIAN -RIVER COUNTY, FLORIDA By. Joseph E. Flescher, Chairman 127 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 0 Exhibit A Parcel # 32393200010000000008.0 Assessment= $7,996.72 Owner WILLOBY, JAMES ANDREW Secondary Owner WILLOBY, ALISA Mailing Address 5835 34TH STREET VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 8 & TRACT A PBI 9-17 Site Address 5835 34TH ST 4/28/2021 Parcel # 32393200010000000009.0 Assessment= $7,996.72 Owner LEWIS, JESSE E Secondary Owner Mailing Address 5845 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 9 PBI 9-17 Site Address 5845 34TH ST 4/28/2021 Parcel # 32393200010000000010.0 Assessment= $7,996.72 Owner GADD, WILLIAM G & DOROTHY R Secondary Owner Mailing Address 5855 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION PBI 9-17 LOT 10 LESS AND EXCEPT THE FOLLOWING: BEG AT A POINT ON THE N LINE OF LOT 10 AND 107.64 FT W OF THE NE COR OF LOT 10; TH RUN S 49 DEG 28 MIN 09 SEC W A DIS OF 76.18 FTTO THE E LINE OF SAID LOT 11 TH RUN N ALONG THE E LINE A DIS OF 40 FT TH RUN N 68 DEG 13 MIN 29 SEC E A DIS OF 24.47 FT TO THE N LINE OF LOT 11 TH RUN E ALONG THE N LINE OF LOT 10 A DIS OF 35 FT TO THE POB Site Address 5855 34TH ST 4/28/2021 . :*r- Page 1 128 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 Exhibit A Parcel # 32393200010000000010.1 Assessment= $7,996.72 Owner HATALA, LEONARD 1 (TR) (1/2) (TOK) Secondary.Owner HATALA, CONSTANCE C (TR) (1/2) (TOK) Mailing Address 5865 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 PART OF LOT 10DESCIN0 R BK 568 PP 1162 & ALL LOT 11 Site Address 5865 34TH ST 4/28/2021 Parcel # 32393200010000000012.0 Assessment= $7,996.72 Owner JAKUBOWICZ, STANLEY MARK & BOBBI 10 Secondary Owner Mailing Address 5875 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 12 PBI 9-17 Site Address 5875 34TH ST 4/28/2021 Parcel # 32393200010000000013.0 Assessment= $7,996.72 Owner CHERRY, LARRY LAVERNE Secondary Owner Mailing Address 5860 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 13 PBI 9-17 Site Address 5860 34TH ST 4/28/2021 Page 2 129 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 Exhibit A Parcel # 32393200010000000014.0 Assessment= $7,996.72 Owner YOUNG, THOMAS R & JULIANA K Secondary Owner Mailing Address 5865 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 14 LESS PARCEL DESC IN OR BK 560 PP 2181 Site Address 5865 34TH LN 4/28/2021 Parcel # 32393200010000000014.1 Assessment= $7,996.72 Owner TAYLOR, JANICE L Secondary Owner TAYLOR, KENNETH J Mailing Address 2617 NE 11TH CT FORT LAUDERDALE FL 33304 Legal SHADOW BROOK SUB PBI 9-17 THAT PART OF LOT 15 DESC AS FOLLS: BEG AT THE NW COR OF SAID LOT 15; TH RUN E ALONG THE N LINE A DIST OF 42.48 FT; TH WITH A DEFLECTED ANGLE OF 45 DEG 56 MIN 10 SEC TO THE R IGHT RUN A DIST OF 316.75 FEET; TH RUN ALONG THE ARC OF A CURVE, BEING CONCAVE TO THE SE, HAVING A RAD OF 40 FT, A DIST OF 99.31 FT; FEET, TH RUN ALONG THE ARC OF TH RUN SW'LY TO THE SW COROF SAID LOT 15 A DIST OF 193.90 FT; TH RUN N ALONG THE W LINE OF LOT 15 A DIST 0 F 265.00 FT TO THE POB; TOG WITH THAT PART OF LOT 14 BEING MORE PART DESC AS FOLLS: BEG AT THE NW COR OF LOT 14, SHADOW BROOK SUB; TH RUN S ALONG THE W LINE OFSAID LOT 14 A DIST OF 13.00 FT TH WITHA DEFLECTED ANGLE OF 88 DEG 57 MIN 55 SE C TO THE LEFT RUN 206.58 FT TO A PT ON ACURVE HAVING A RAD OF 40 FT AND CONCAVETO THE NE; TH RUN ALONG THE ARC OF SAID CURVE A DIST OF 31.00 FTTO THE NE COROF SAID LOT 14; TH RUN W ALONG THE N LINE OF LOT 14 A DIST OF 193.90 FT TO THE P OB." Site Address 5870 34TH LN 4/28/2021 Parcel # 32393200010000000015.0 Assessment= $7,996.72 Owner MEDLOCK, JAMES E & KATHY B Secondary Owner Mailing Address 5860 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 15 LESS PARCEL DESC IN OR BK 560 PP 2186 & W 24.43 FT OF LOT 16 Site Address 5860 34TH LN 4/28/2021 71Yft_:i.i Page 3 130 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 on Exhibit A Parcel # 32393200010000000016.0 Assessment= $7,996.72 Owner 5850 34TH LN, LLC Secondary Owner Mailing Address 925 12TH STREET VERO BEACH FL 32960 Legal SHADOW BROOK SUBDIVISION LOT 16 LESS W 24.43 FT PBI 9-17 Site Address 5850 34TH LN 4/28/2021 Parcel # 32393200010000000017.0 Assessment= $7,996.72 Owner LOPEZ, AMILCAR & SUSAN Secondary Owner Mailing Address 5840 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 17 PBI 9-17 Site Address 5840 34TH LN 4/28/2021 Parcel# 32393200010000000020.0 Assessment= $7,996.72 Owner TODD, RICHARD CJR Secondary Owner Mailing Address 9696 MIDDLE FORD RD BLOWING ROCK NC 28605 Legal SHADOW BROOK SUBDIVISION LOT 20 PBI 9-17 Site Address 3426 58TH CT 4/28/2021 Page 4 131 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 Exhibit A Parcel# 32393200010000000022.0 Assessment= $7,996.72 Owner MCCORMICK, FRANK G & MAUREEN M Secondary Owner Mailing Address 5845 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 22 PBI 9-17 Site Address 5845 34TH LN 4/28/2021 Parcel # 32393200010000000023.0 Assessment= $7,996.72 Owner THOREN, MARC R & BARBARA Secondary Owner Mailing Address 3425 58TH CT VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 23 PBI 9-17 Site Address 3425 58TH CT 4/28/2021 Parcel # 32393200010000000024.0 Assessment= $7,996.72 Owner THELK, LOUIS J (TR) & WINIFRED B (TR) Secondary Owner Mailing Address PO BOX 2914 VERO BEACH FL 32961 Legal SHADOW BROOK SUBDIVISION LOT 24 PBI 9-17 Site Address 5850 34TH ST 4/28/2021 Page 5 132 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 10, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject:. Work Order No. 10 for Masteller & Moler, Inc., North Sebastian Water and Sewer Project Phase 2 — Construction Services Background: Indian River County Department of Utility Services (IRCDUS) is preparing to move into the construction phase of the North Sebastian Phase 2 Water and Sewer project. Staff is seeking construction administration and observation services to support the project. Analysis: On May 18, 2021, the Board of County Commissioners (BCC) approved the renewal and Amendment No. 1 to the Continuing Contract Agreement for Professional Services with Masteller & Moler, Inc. (M&M). In accordance with that agreement, M&M, which provided design, permitting, and bidding services to the project, will provide professional services related to construction administration and observation as described in Work Order #10, attached. Funding: There are various funding sources for this project. Staff has secured cost share grants from Saint Johns River Water Management District (SJRWMD) and the Indian River Lagoon National Estuary. Program (IRLNEP) as well as a Florida Department of Environmental Protection (FDEP) Water Quality Restoration grant. Any shortfalls after exhausting the grants will come from Optional Sales Taxa It is not expected that any other utility funds will be used for the remainder of the project. Grant funds for the project are as follows: Description Agency Amount FY 2020/2021 Cost Share Grant SJRWMD $ 1,280,818.771 WQ restoration Grant and Amend. 1 FDEP $ 3,250,000.002 Indian River Lagoon Cost Share IRLNEP $ 204,017.693 Total $ 4,7341836.46 1: Only 33% of the sewer only project can be used, not water Z 3: These grants to cover both water and sewer costs Pagel If J F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Agenda Items\Phase II\21-0420 MM WO #10\13CC Agenda Item MM WO lOv2.docx Work Order No. 10 for Masteller & Moler, Inc. North Sebastian Water and Sewer Project Phase 2 Construction Services Optional Sales tax funds to be used for sewer impact fee offset/incentive to connect: Account Name ==Account Number I Amount Optional Sales Tax/Sebastian Phase 2 Water & Sewer 1 31526836-066510-17513 1 $561,996.00 For the Water portion of the assessment, revenues are as follows: Account Name Account Number Amount Sebastian Ph II Water & Sewer 473-169000-17513 $361,890.00 Water Impact Fee 472034-343650 $209,300.00 Miscellaneous Fees 471034-343610 $ 33,067.79 Funds for the water assessment project are derived from the Assessment Fund. Assessment Fund revenues are generated from fees paid by the benefitting property owners. 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. The professional services related to Work Order No. 10 for Masteller & Moler, Inc. will be paid from the following account: . Description Account Number Amount North County (PH2) Water Assessment 473-169000-17513 $184,545.00 Recommendation: Staff recommends the Board of County Commissioners approve Work Order No. 10 for Masteller and Moler, Inc. in the amount of $184,545.00. The approval of this work order shall be contingent on the approval of the Continuing Consulting Engineering Services Agreement for Professional Services with Masteller and Moler, Inc. Attachments: 1. Work Order No. 10: Masteller & Moler, Inc. F:\Utilities\UTILITY- Engineering\Projects -Utility Construction Permits\IRC -North Sebastian S25 (M&M)\Agenda Items\Phase II\21-0223 MM WO #10\13CC Agenda Item MM WO 10v2.docx 134 Page 2 of 2 CCNA2018 WORK ORDER 10 NORTH COUNTY SEWER & WATER SYSTEM — PHASE TWO CONSTRUCTION ENGINEERING & INSPECTION This Work Order Number 10 is entered into this _ day of 2021, pursuant to that certain Continuing Contract Agreement for Continuing Engineering Services, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Wo.rk 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 B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement 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 MASTELLER & MOLER, INC. OF INDIAN RIVER COUNTY /�i _i,L.L�IT, Joseph E. Flescher, Chairman Print Name: Earl H. Masteller, PE, BCEE Title: President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 135 EXHIBIT "A" WORK ORDER NUMBER 10 NORTH COUNTY SEWER & WATER SYSTEM — PHASE TWO . CONSTRUCTION ENGINEERING & INSPECTION GENERAL INFORMATION The purpose of this Work Order is to authorize Masteller & Moler, Inc. to provide Construction Engineering & Inspection (CEI) services the Public Right-of-way portion of this project. The Indian River County Department of Utility Services (IRCDUS) has bid the project and has awarded the project to Centerline, Inc on April 20, 2021. We are pleased to report that the low bid is approximately $3.9 million and this compares favorably to our Engineers Estimate of $4.4 million and the budget, which IRCDUS established for the project in the amount of $5,841,931 as reflected in the October 15, 2020 Board Memorandum, Table 2. A brief description of the scope of services and deliverables for this Work Order is provided as follows: SCOPE OF SERVICES Task A— Construction Administration / Observation Task A provides engineering services during the project's construction and completion process generally including the following: 1. Upon issuance of the Notice to Proceed, schedule and conduct a pre -construction conference with involved/affected parties and record and maintain minutes of meeting. Conduct a pre -work walk through to document existing conditions with an emphasis on minimizing interruption of Utilities Dept. operations and vehicular traffic. 2. Review/evaluate Contractor's Maintenance of Traffic Plan and critical path schedule. 3. Process (catalog) and review shop drawing and material submittals and provide recommendations to Utilities Dept. 4. Conduct periodic progress meetings (record and maintain meeting minutes). 5. Interpret the project documents (contract, plans and specifications) to help facilitate the construction activities and to respond to issues raised by the Contractor. • Analyze and address problems that arise (trouble -shoot). • Value engineer project revision proposals and provide recommendations to Utilities Dept. for their direction. • Evaluate change orders and time extension requests. 6. Review Contractor pay requests and provide recommendations to Utilities Dept. to prevent delays and to facilitate prompt processing by the County. • Contractor's pay request will be submitted to the County with appropriate backup and recommendations for payment and/or withholding of payment. Exhibit "A" -1 136 7. Observe the Contractor's construction activities and materials incorporated into the work during periodic site visits. • Prepare and maintain written reports of the Contractor's progress and of significant events affecting the work. • Record noteworthy incidents or events with video and/or still photography. •. Observe and document construction testing activities — including materials testing, utility testing, and other related activities. • Observe start-up of pumping systems to verify proper operation. 8. Review, comment and recommend approval to County of As -built plans. 9. Coordinate and conduct punchlist procedures beginning with Initial Walkthrough within five (5) days of Substantial Completion, and prepare Final Punchlist after construction completion. 10. Assemble data and provide project close-out procedures and Engineer's Certifications as required. Upon satisfaction that items of work have been completed in substantial conformance with the project documents, our office will assemble a construction completion package which will be submitted to the Utilities Dept. The package will include inspection reports; field survey data provided by the Contractor; testing data and final As -built plans provided by the Contractor. Deliverables — The ENGINEER shall provide the COUNTY: a. Final Project Construction Completion Documents TIME SCHEDULE The estimated time frame for completion of services: 1 Hard Copy Set & 1 Electronic Task A — Construction Administration / Observation (after Selected 360 Calendar Days Contractor's Notice of Commencement Date) FEE SCHEDULE Masteller & Moler, Inc. proposes to provide the .outlined Scope of Services based on the following fees: Task A — Project Construction Administration & $ .184,545.00 Observation Services (Not To Exceed Fee - See Attached Estimated Fee Breakdown) File#1422-2 (1422-2_S2S_Phase2-CEI_Work0rder_21-0510.docx) Exhibit "A" - 2 137 MA WORK ORDER NO. 10 - ATTACHMENT 1 INDIAN RIVER COUNTY NORTH COUNTY SEWER & WATER SYSTEM PHASE TWO - CONSTRUCTION ENGINEERING INSPECTION SERVICES PUBLIC RIGHT-OF-WAY PORTION OF PROJECT ESTIMATED FEE BREAKDOWN BASED ON 257 WORKING DAYS OR 360 CALENDAR DAYS File # 1422-2 1422-2 Fee Breakdown manhours 21-0510 PublicAm Exhibit "A" - 3 138 Professional Engineer Project Manager Project Inspector Administration $ 195.00 $ 145.00 $ 90.00 $ 75.00 Total Costs Hours Amount Hours Amount Hours Amount Hours Amount Pre -Construction Meeting/ 18 $ 3,510.00 16 $ 2,320.00 10 $ 900.00 1 $ 75.00 $ 6,805.00 Pre -work Walk-thru Review Criticalcof ath 2 $ 390.00 8 $ 1,160.00 $ $ $ 1,550.00 Maintenance of Traffic Traffic Shop Drawings Review 16 $ 3,120.00 40 $ 5,800.00 $ - $ $ 8,920.00 Periodic Progress Meetings 8 $ 1,560.00 16 $ 2,320.00 16 $ 1,440.00 - $ $ 5,320.00 Address Issues 24 $ 4,680.00 60 $ 8,700.00 30 $ 2,700.00 6 $ 450.00 $ 16,530.00 Change Orders Pay Request Reviews 12 $ 2,340.00 16 $ 2,320.00 - $ - 12 $ 900.00 $ 5,560.00 Construction Observations 150 $ 29,250.00 300 $ 43,500.00 560 $ 50,400.00 - $ - $ 123,150.00 As -Built Review 12 $ 2,340.00 48 $ 6,960.00 - $ - 4 $ 300.00 $ 9,600.00 Walkthru / Initial Punchlist / $ $ 28 $ 2,520.00 4 $ 300.00 $ 2,820.00 Final Punchlist Project Close-out/ 8 $ 1,560.00 12 $ 1,740.00 6 $ 540.00 6 $ 450.00 $ 4,290.00 Certifications Total(hrs/cost) 250 $ 48,750.00 516 $ 74,820.00 650 $ 58,500.00 33 $ 2,475.00 $ 184,545.00 File # 1422-2 1422-2 Fee Breakdown manhours 21-0510 PublicAm Exhibit "A" - 3 138 INDIAN RIVER COUNTY, FLORIDA ITiI=1IT, us] XIZ1bill �J TO: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Broadband Feasibility Study Proposal — Magellan Advisors DATE: May 12, 2021 BACKGROUND: The pandemic has created an environment in which many of the citizens of United States of America, including those in Indian River County, FL, have the need to work and/or attend school from their home. This situation makes reliable broadband communications from the home a requirement rather than a luxury for many people. Staff was asked to examine options for increasing the availability of broadband communications within Indian River County with a focus on rural and underserved areas of the County. ANALYSIS Staff has examined approaches taken by other communities as well as attended webinars focused on this topic. The approaches taken by others vary widely and are not yet mature enough to determine the success of any specific approach. Therefore, staff recommends conducting a feasibility study with the objective of determining low cost and effect ways for the County to improve the local broadband environment. The approach taken should first assess the existing environment to create a clear understanding of the current broadband supply and demand with specific focus on rural and underserved communities. The study should seek to identify the key broadband issues and gaps impacting Indian River County residents and business. The information collected should be used to create a broadband needs assessment and that assessment should be forward looking in it's consideration of Indian River County's community development, smart city and economic strategies that will require high-speed broadband communications as a part of their foundation. The study should detail the options for improving the broadband environment based on the available infrastructure assets, resources and public policy tools. The options provided should be based upon: 1. Alignment with Indian River County's vision and priorities 2. Benefits to each community 3. Total costs to the County and options for funding including Grants/Loans 4. Long term financial sustainability 5. Operational requirements 6. Technological risk 7. Participation of service providers 8. Competitive risk 9. Control 10. Probability of overall success Based on these criteria and others that may be discovered while the study is being conducted, the study should recommend the most feasible options with a roadmap and strategies for implementation of the most desirable options. Broadband Feasibility Study — Staff Report_20210512.docx 139 Staff has identified an RFP for a broadband feasibility study from the City of Clermont, FL that was awarded to Magellan Advisors, LLC that appears to meet the requirements outlined above. Purchasing has reviewed that RFP and determined that it aligns with our procurement standards and can be piggybacked. Staff has requested, received and reviewed the attached proposal from Magellan Advisors and believes that Magellan Advisors'. approach will result in a study that meets the requirements outlined above. FUNDING Funding in the amount of $74,500 for the broadband study will be funded from the County's American Rescue Plan Act allocation. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the proposal submitted by Magellan Advisors for this broadband study. Staff further recommends the Board leverage the City of Clermont RFP for these services and authorize the Purchasing Division to issue a Purchase Order to Magellan Advisors, LLC in the amount of $74,500.00. Finally, Staff recommends the Board Authorize the County Administrator to execute any agreements necessary for these services after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENTS Magellan Advisors, LLC Broadband Feasibility Study Proposal DISTRIBUTION Kristin Daniels, Director Management and Budget Broadband Feasibility Study —Staff Report_20210512.docx 140 PROPOSAL BROADBAND FEASIBILITY STUDY roadband Feasibility Study Prepared for: Indian River County, FL Attn: Dan Russel Chief Information Officer 0 Prepared by: Kyle Hollifield Magellan Advisors Khol lifield@mage) lan- advisors.com 276-591-6801 www.magellan-advsors.com ter. j rADVISDRS V,;4*,7 - COMPANY OVERVIEW Magellan Advisors, LLC is a Denver-based firm with regional offices in Miami, Los Angeles, and Kansas City. Magellan's primary address is 999 18th Street, Suite 3000 Denver, CO 80202. Magellan's web address is www.magellan-advisors.,com. Magellan Advisors, LLC was founded in January of 2004 and has been in operation as a Limited Liability Company since inception. Magellan provides industry leading fiber and wireless broadband planning, turnkey design and engineering, and project and construction management to public and private organizations. We are a full spectrum planning and implementation firm that brings together technology, communications and utility consulting to create smart gigabit cities of tomorrow. Our professionals bring years of experience from the broadband, telecom, information technology and government sectors. We are thought leaders and real-world implementers of broadband and smart city networks that keep communities competitive in the digital world. Unlike most consulting firms, we partner with our clients every step of the way, whether they are deploying institutional fiber networks, developing broadband public-private partnerships or deploying Smart City networks. We are a "hands-on" firm with strong project management abilities and implementation skills to see our clients' projects through from concept to completion. We are only successful when our clients are successful. Our goal is to deliver practical broadband and technology solutions that our clients are capable of implementing in their communities. Our combination of unmatched broadband, telecom, business and operational experience creates actionable strategies that communities use to realize their broadband and Smart City objectives. We have led the planning, funding, construction and management of over 50 fiber -to -the -premise networks passing over 1 million homes and connecting more than 1,000 schools, hospitals, government offices and community organizations. Our work has resulted in over $1 billion in new broadband investments nationwide. Magellan has helped more communities successfully plan, implement and manage gigabit broadband networks than any other firm in the market. www.MAGELLAN -A DV ISO RS.com 142 2 1 Comprehensive Broadband Implementation Solutions (2) Broadband Planning Fiber master plans, business plans and implementation roadmaps that give you real-world guidance and results you can count on when deploying fiber and broadband. Learn more -> O Turnkey Implementation A single, trusted partner to manage your entire network Implementation, with over So fiber and broadband deployed networks across the US, Learn more a W7 Feasibility Studies Honest unbiases and Independent advice from the firm that has more experience implementing fiber and broadband networks. Learn more � �I Y Construction Management We manage the entire construction process to ensure your fiber and broadband networks are built to specification and your construction standards are followed, while minimizing Impact to the community. Learn more - =o Grants & Funding Funding strategy, grant writing and compliance for all major federal and state fiber and broadband grant programs. Learn more - Eno Network Management We take the heavy lift out of managing fiber and broadband networks by providing centralized resources to provide monitoring, tech support and emergency repairs. Learn more -> www. MAGELLAN-ADVISORS.com ADVISORS Planning Design Engineering Cutting edge fiber and broadband engineering to connect more sites, more devices and more customers at the speed of light Learn more - Retail ISP Services LightSpeed, powered by Magellan Advisors serves your community with fast reliable and affordable Internet services, bunt on a culture ordelivering superior service. Learn more - 143 0 3 G'Jli � A6 1S0RS y Project Experience www..MAGELLAN-AD VI SO RS.com 144 4 1 zz W z O W z Z a z U t7 Wv) Ll = W l7 O N - • H CL w LAJ W J Q z O a N z ~ W Q W z V z z Q Q Y z Qd —ADVISORS~ J H Q mLu Z W Q Z H z z O cZ C Q Q z m 0 m z W Lu t1 O H N 0� l knl- Q W a m z z a V z a O W cc LL W O m N N 0 17 W N N m m O 0 O CUSTOMER ST BROADBAND ENGINEERING TURNKEY i PLANNING IMPLEMENTATION City of Palm Coast City of Clermont City of Palm Coastm0--0-0-00�0-0- City of WinterPark - • :. •Orlando m0--0�0--�--�-- Utilities Commission City of -r GardenCity of Palm Beach Gardens City of Sunrise City of Clermont City of •rt LauderdaleCity of Lakeland Charlotte CountySeminole m0--�-0--�----- County Wee 0 M Babcock Ranch Town of • : • • .t Keym�0--�--------- • . Countym0---�----�--�� Glades • m---��------��- City of Cape CoralCity m�-0---------�- of Gainesville www..MAGELLAN-AD VI SO RS.com 144 4 1 Project Understanding and Approach Our objective is to determine low cost and effective ways for Indian River County to improve the local broadband environment for the benefit of its communities. Our approach to this project will be to first assess the existing environment so we have a clear understanding of broadband supply and demand in the various communities, paying specific attention to the broadband environment in rural and underserved Indian River County. Next, we will identify key broadband issues and gaps that impact your residents, businesses, schools, healthcare organizations, business and industry. We will also assess your economic and community development, smart city and IoT strategies that likely require high-speed broadband as part of their foundation. This information will be used to create a broadband needs assessment for the County to give you an understanding of the broadband services that will be required for you to fulfill your objectives. Based on this information, we will provide you with a range of options to improve the broadband environment based on the infrastructure assets, resources and public policy tools that you have available to you. We will provide you detailed analysis of these options based on: 1. Alignment with Indian River County's vision and priorities 2. Benefits to each community 3. Total costs to the County and options for Funding including Grant/Loan 4. Long-term financial sustainability S. Operational requirements 6. Technology risk 7. Participation of service providers 8. Competitive risk 9. Control 10. Probability of overall success Based on these criteria and others that we may learn about from your communities, we will provide you with the most feasible options, recommendations and a roadmap that gives you step-by-step instructions and strategies to implement the most desirable option(s). We will accompany this with the documentation and data to validate this option(s) and a next -steps plan for you to consider adopting at the end of the project. As we work through the project with you, we will share our findings along the way, so you're involved in the strategy development alongside us, ensuring the strategies that we develop for you are relevant and achieve the needs of your communities. www.MAGELLAN-ADVI.SORS.conn 1 145 5 1 SCOPE OF WORK TASK 1: PROJECT KICK OFF Magellan's team will initiative the project with a formal project kick-off meeting with the Indian River team. The purpose of this meeting is to review and update the project plan to ensure alignment of our team with yours and that the final deliverables will meet your expectations. During the meeting we will collect information from the county about past broadband studies and initiatives. Magellan's project team will meet on a bi-weekly basis with Indian River's project team to discuss the status of the project, major milestones and deliverables, and ensure alignment on project goals. Our team will lead these meetings including providing meeting agendas, preparing meeting handouts, and taking notes to prepare meeting minutes. TASK 2: CURRENT ASSESSMENT AND MARKET DEMAND Competitive Market Assessment Magellan will work with the County to determine the current broadband environment, including updated maps of broadband availability, speeds and providers. The competitive market assessment will determine the services that are available, providers, service level, pricing, and access. We will document all publicly owned and privately -owned networks in the communities and build a comprehensive GIS -based broadband map to illustrate how the County are served by broadband and what providers currently serve the market. We will include details on all download and upload capacity and inventory on all physical transport. Through our survey tool we will provide speed testing tools so that residents, community anchors and businesses can report ACTUAL SPEEDS and experiences, versus what is advertised on providers' websites. We will provide you with a graphical and visual representation of the current market, based on the survey and data collected for the market. This graphical representation will give you unique and valuable data on the actual broadband market in Indian Riverso you can understand the following: Actual speeds that residents, anchors and businesses are receiving. Actual pricing that residents, anchors and businesses pay for services 3. Territories�for providers operating in each community 4. Customer satisfaction levels with broadband providers 5. Key issues that impact customers across the County 6. Identify Underserved and Unserved areas Magellan will then use this information to measure current and future demand for broadband services for the County using a combination of market research and survey tools, interviews and focus groups with local stakeholders and data collected across the community. Needs Assessment This assessment will first evaluate the County's needs for current and future broadband infrastructure. We will help you assess the benefits gained by equipping your infrastructure assets with fiber and wireless connectivity to support many growing municipal and community needs. Magellan will help you determine the broadband www. MAGELLAN-ADVISORS.com 146 6 1 needs of the community, including small businesses, large businesses, enterprises, community anchors and residents. We believe that you should gain a fundamental understanding of demand for broadband services in the County, levels of digital literacy among users, and perceived value of service to determine. the overall level of need today and in the future. This demand is a key driver of the overall business model and financial sustainability of a potential project. In other projects, Magellan has been able to aggregate demand from these stakeholder groups to support overall feasibility of proposed broadband networks. We will work with you to organize the best way to assess needs and identify demand in the community. This process generally involves outreach with stakeholder groups to learn about specific broadband and technology needs and an online survey. The outreach may include: • Pub/ic/Municipa/Outreach: municipal leaders across the County including IT, public works, finance and leadership as well as other important department leaders throughout the County and its communities. • Private Providers: Magellan will hold one-on-one interviews with private retail and cellular providers allowing them to share information on their current network, expansion and upgrade plans and willingness to partner with the County to better serve its communities. • Anchors and Enterprise Businesses We suggest scheduling one-on-one and group meetings with your large broadband users, including schools, hospitals, regional government organizations and large enterprise businesses • Businesses: Magellan recommends conducting focus groups with small. and medium businesses that are representative of the greater Indian River County business community. Magellan will use the data collected from all outreach meetings and surveys to compile a "state of broadband" in Indian River County. We believe that this data is essential to start the project off successfully. Magellan will depend on the assistance and participation of Indian River County's team to achieve effective meetings and results. TASK 3: EVALUATE COUNTY'S CURRENT BROADBAND NETWORK CAPABILITIES We will conduct a comprehensive asset inventory of the County's current network and public assets to determine its usefulness for new broadband applications. This assessment will give Indian River realistic assessment of the any current capabilities and opportunities to use it as a foundation for future broadband programs. We believe that the following components should be analyzed at a minimum: • Underground conduit, innerduct, empty and available conduit • Fiber cables, strand counts, splice points, terminations and utilized strands • Vault and handhole locations • Towers and Vertical Assets • Available and reserved capacity throughout the network • Construction and placement method policies • Current as-builts and documentation • Terminating locations and County facilities www.MAGELLAN-ADVISORS.com 147 7 1 o County GIS maps including County -owned property, right of way, easements We will evaluate the network's capabilities for meeting the needs of the residents, businesses and anchors in Indian River County and determine how the bandwidths and speeds, performance, redundancy and scalability requirements and solution -specific requirements for businesses and residents of Indian River County will be met. Magellan will provide the County with a comprehensive report on the network and accompanying GIS files. This report will provide the inventory of available broadband assets that the County should consider formalizing into its broadband program as it develops. Fiber Asset Gaps Magellan will examine any gaps in the Countys current fiber network and identify opportuntities to create additional redundant, diverse fiber rings in the County to support internal needs and expanded broadband and cellular service. Magellans team will pay particular attention to lack of redundant routes to County facilities. We will analyze these layers in GIS as well as documented through needs assessment and provide the County a gap analysis that lays out where additional routes and capacity are needed to support current and future connectivity. Policy Magellan will engage public works and review the County's current policies and capital improvement projects that could impact or enhance broadband including dig once, ROW access and joint build opportuinties including those with FLDOT. We will provide the County with best practices and "broadband friendly policy' guidelines that will enhance broadband and cellular service opportunities in the County. TASK 4: GAP ANALYSIS Using data from our initial analysis and sources such as the Federal Communications Commission (FCC) , we will conduct a gap analysis to identify unserved and underserved locations within the County. Using our national fiber infrastructure database and industry contacts, Magellan will also document privately - owned broadband networks and build a comprehensive GIS -based broadband map to illustrate how the Couty is served by broadband and what providers currently serve the market. Our analysis will also include gaps in cellular service and cellular towers. We will incorporate the data into our mapping tools, which will allow us to conduct a gap analysis indicated by areas that have a need for broadband but currently lack the necessary infrastructure. This analysis will better inform the County which areas should be prioritized should the County decide to proceed with a broadband initiative. This will inform our analysis of the business case and whether demand exists for additional broadband offerings in the region. TASK 5: NETWORK DESIGN Based on the mapping information and an understanding of community needs across the Indian River County, Magellan will develop a conceptual design for fiber covering the city creating a strategic growth plan for the County's municipal fiber network. Magellan's team will leverage as much of the County's current fiber, poles, vertical assets that could reduce construction and overall costs for the County. The fiber design will provide key www. MAGELLAN-ADVISORS.coM 148 8 ' ADV;SDRS 4y' - outside plant aspects for construction of core fiber backbone, distribution and access within the County including: • Fiber Laterals to Key Organizations - will connect community anchor organizations to the fiber backbone, providing multi -gigabit connectivity to schools, hospitals, government offices, public safety facilities, cellular towers, utilities, cooperatives and other key facilities. It will include all outside plant fiber assets and network elements to connect facilities to the network. • Fiber -to -the -Home (FTTH) Distribution/Access - will provide dense fiber distribution to homes and businesses within the County, enabling individual users to connect to the network. FTTH distribution will include outside plant fiber, distribution huts, splitter cabinets and other distribution elements to connect end users to the network for fiber -to -the -home broadband services. • High -Level Wireless Design - For areas inside and outside the County zone where fiber may not be economical or were wireless provides a better solution, Magellan will develop wireless distribution networks that will connect individual communities to the fiber backbone. Wireless networks will need to provide a minimum of 25/3 broadband service to communities. Wireless designs will include locations and type of equipment required, potential tower locations, determination of new tower builds versus tower leasing and assessment of any potential public facilities, rooftops, towers and other resources that could be used for wireless distribution. • Other Technologies - Magellan will explore other technologies that could be benefitial for the County's broadband expansion including Satelite, 5G and others. TASK 6: COST SUMMARY AND DETAILS Based on the conceptual high-level routing, Magellan will provide estimates to the Indian River County for the cost of network construction, including full low-level detailed design, construction, equipment, testing and certification as well as ongoing annual costs to operate and maintain the network. Based on this information Magellan will build possible payback business models based on a public/private partnership. In addition, all backhaul options will be reviewed to identify the most optimal routes out of Indian River, and to identify potential interconnect points to regional Points of Presence (PoPs). Our significant work managing broadband construction projects will allow for more accurate estimation of the costs the County will bear in this process. TASK 7: FINANCIALS AND FUNDING SOURCES Magellan proposes using our Broadband Financial Sustainability Model to ensure that Indian RiverCounty has a full understanding of the business and financial sustainability of various broadband initiatives. Using these tools will allow Indian Riverto evaluate different business models and make informed decisions on which are most adequate for the County and community - including environments that require no funding. Our financial models have been specifically developed for broadband utilities and are very similar to electric utility rate studies. Our models are widely used tools to model feasibility and financial performance for over 50 municipal broadband providers. Magellan's financial modeling tools have been utilized to plan and manage broadband network investments for over $500 million in broadband projects nationwide. Magellan will also screen and identify feasible grant and loan programs for Indian River, including rural and non -rural opportunities. Our analysis will look at the federal FCC, USAC, EDA, HUD and USDA programs as well as State of Florida programs that fund such projects. We will www.MAGELLAN-ADVISORS.com 149 9 ' ADVISORS r>� identify the program size, details, qualifications, requirements and other key information for the County to determine the opportunity to fund some of its service area with federal or state funds. Based on the financial analysis, we will be able to provide the following information to the County to determine the best vehicles and organizational structures to be used for the project. Some of the areas we will analyze include: • State and federal grant programs • joint build and joint contribution projects • Organizational structures available, for profit, non-profit, economic development corporations, joint powers authorities and joint ventures • Public/private contribution models • Total amount of funding needed for the project • Capital versus operational funding needed for the project • Funding term, identifying short-term and long-term portions of funding • Optimizing public and private funding sources TASK 8: REGULATORY REVIEW Magellan's staff of experts maintains knowledge on the current and relevant direction of all aspects of broadband and fiber technology including legal, regulatory, and technical aspects. Using this expertise, Magellan will analyze and report on the current regulatory environment in the state of Florida and how it will impact Indian River County in developing a broadband network. Magellan has performed recent regulatory assessments for communities across the US and Southeast including most recently Escambia County, FL. TASK 9. RECOMMENDATION AND BROADBAND ROADMAP The culmination of the study will lay out the core strategies for Indian River County in development of its municipal and community broadband initiatives. The study will craft the most effective strategies for the County to adopt to bring next -generation broadband to its community, leveraging the County's infrastructure, smart public policies and key partnerships among public and private organizations. Magellan will provide a final Broadband Assessment and Feasibility Study that details recommendations with actionable steps for Indian River County to expand broadband and fiber infrastructure. www. MAG ELLAN-AD VISORS.com150 10 ' PROJECT TEAM Kyle Hollifield - Executive Vice President iz Y J � Kyle Hollifield is a 35 -year veteran of the telecommunications industry serving in senior management positions with Alcatel and Standard Telephone and Cable, the first company to deploy under ocean fiber optics from Europe to North America. Kyle most recently has held the position of Vice President of Business Development and Marketing at Bristol Virginia Utilities Authority (BVU), while managing the FOCUS division providing consulting services to other communities wishing to build or improve high speed broadband networks. Kyle has served on the Board of Directors of The North American Fiber to the Home Council, most recently as Chairman of the Board of Directors. Kyle also serves as Vice -Chair of Broadband Communities Magazine and has made many presentations on broadband policy and opportunities to the FCC, RUS, NTIA, NATOA, APPA, National League of Cities, Rural Telecom. Cooperative, FTTH, Broadband Communities and NCTC. Kyle holds degrees from the University of Tennessee in Business and Marketing. Ashley Poling - Project Manager Ashley has been a member of the Magellan Advisors team since 2014, serving in various roles including business development, marketing, project support, strategy and project management. She has been integral in supporting Magellan to source businessthrough leading the company's request for proposal and proposal process. Ashley now supports the Executive Team in project management, client engagement and deliverable development. She has participated in over 50 broadband planning projects for local government. and public utility clients. She leads stakeholder outreach sessions, develops needs analyses and state of broadband profiles for clients, assists in grant funding research and writing and leads clients in developing marketing programs for successful network launches. Ashley has a BA degree in Education with a minor in Political Science from Ohio Wesleyan University. www. MAGELLAN-ADVIS0RS.com 151 11 ' Greg Laudeman - Consultant Dr. Greg Laudeman is a leader in innovative, talent and technology-based ,1 economic development strategy, research, and implementation. Since 2015 he ' has managed broadband projects for Magellan with a keen eye for the economic opportunities that state of the art broadband availability brings to communities. With over 30 years of experience working in technology and tech startups, Greg brings a diverse background to community broadband to support economic development. Greg's diverse experience as an analyst, communicator, facilitator, and organizer has always focused on how technology can make communities and organizations more competitive, innovative, and productive. For over a decade Greg led community technology outreach efforts for the Georgia Tech Enterprise Innovation Institute. Greg has a doctorate in Learning and Leadership from the University of Tennessee at Chattanooga, has master degrees in Public Policyfrom Georgia Tech and Telecommunications from Michigan State, and a bachelor degree in Mass Communication from UTC. Jessica Zufulo - Vice President of Rural Broadband Strategy Jessica joins Magellan after serving in various senior leadership roles throughout federal government and non-profit sectors for over 20 years. Prior to joining Magellan, Jessica served for over five years as the Senior Advisor for Strategic Partnerships for the Lifeline Division at the Universal Service Administrative Company (USAC) where she managed all state, federal and tribal engagement that led to the establishment of the Lifeline National Eligibility Verifier. Prior to her tenure at USAC, Jessica was appointed to serve as the Deputy Administrator for the Rural Utilities Service (RUS) at the U.S. Department of Agriculture (USDA) where she helped oversee. a $65 billion federal loan and grant portfolio that finances water systems telecommunications and broadband networks, precision agriculture, electric utility, smart grid and renewable energy projects in rural and tribal communities. Jessica also served as the Legislative Director for the National Association of Regulatory Utility Commissioners (NARUC) where she was responsible for developing legislative strategy for all 50 state public service commissions involving telecommunications, technology, consumer protection and water. Early in her distinguished career, Jessica worked on Capitol Hill for eight years overseeing telecommunications and energy policy. Jessica earned her MBA with Honors from the University of North Carolina at Chapel Hill and a BA in military history and political science from the University of Colorado in Boulder. www.MAGELLAN-ADVISORS.com 152 12 1 J, ADVISORS Mike Johnson - Senior Consultant Mike has over 30 years of extensive experience in wireless communications and broadband data network design. He uses his extensive history and knowledge i to assist clients in accomplishing project planning and deliverable essential to I deploying successful communications and data systems. His strengths include program management, requirements gathering, field test engineering, equipment evaluation, engineering management, and analyzing complex design conceptions. He has also designed wireless broadband equipment for Point to Point, Point to Multipoint and Mesh Radio Networks. Mike holds 4 patents on spectrum sensing, channel coordination, and dynamic location information. He also has current certifications in FTTx architecture, Fiber Plug and Play modules, and FTTx link budgets. Mike holds a Bachelor of Science in Electrical Engineering from the University of Florida. Mark Lane - Technical Consultant Mark Lane has over 30 years of experience in enterprise IT, carrier network operations, and technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he helped provide the strategic direction and practical implementation responsible for their fiber -to -the -premise (FTTP) network build- out and broadband service deployment for eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark received a bachelor's in computer science from the University of Tennessee. Matthew Southwell - Associate Project Manager - Design Matthew Southwell has over 13 years in the telecommunications field. Matthew's career began as a U.S. Army Sergeant where he worked on tactical communication systems, Sat -Com radio systems, and deploying weekly COMSEC key changes OTAR (Over the Air Rekeying) with newly deployed radio systems during two Operation Enduring Freedom deployments. Matthew's private sector work includes work with a Motorola radio distributor and contractor where he supported many Federal, State, and local County entities to include: Department of Homeland Security, Immigration and Customs Enforcement, Drug Enforcement Administration, Florida Highway Patrol, Greater Orlando Airport Authority, Orange County Sheriff's Office, and the Lake County Sheriff's Office. Matthew joined Magellan Advisors in 2016 as a telecommunication analyst where he has contributed his knowledge and technical expertise to over 65 www. MAGELLAN-ADVISORS.com 153 13 ' broadband projects. Matthew's current role within Magellan includes analysis of client GIS data and mapping, creating conceptual network designs and costing estimates for future fiber builds. Matthew is a Certified Fiber to the Home Professional (CFHP) and holds a Business Management Degree with High Honors from Keiser University in Orlando, FL. Gillian Violette Ed.D. - Research Analyst Gillian has over a decade of experience working in business management and sales . _. in fields of pharmaceuticals, hospitality, insurance, and training and development. She fes" has experience in managing human resource related functions, staffing, and project management. Gillian joined the Magellan team in the capacity of research, publication, and quality assurance in reporting. She holds a doctoral degree in Educational Leadership where her research focus was related to broadband Internet in K-12 schools and the digital divide, an MBA in Business Administration, and a BS in Business with a minor in Human Resources. PROJECT TIMELINE Our team will conduct a formal kick-off meeting and meet with the County Project team on a biweekly basis. 'Deliverable EX Milestones Description 1. Project Kick Off X 2. Current Assessment and Market Demand X X 3. Evaluate County's Current Broadband Network Capabilities X X X 4. Gap Analysis X 5. Conceptual Network Design 6. Cost Summary 7. Regulatory Review X 8. Financing and Funding X X . 9. Final Report and Presentation www. MAGELLAN -A DV ISO RS.com 154 14 1 Wag Ian - ADVISORS t1. COST The total cost to Indian River County for the Broadband Study is a $74,500. Includes a.11 work to be completed by Magellan as stated in.this proposal and any required travel costs. Magellan will bill in five (5) equal amounts. Invoices are payable on net 30 terms from the date of invoice.. All rates will be in accordance with the City of Clermont CSA Agreement at the rate of $150 an hour. Travel and Incidentals will be billed as incurred. Magellan Advisors commits to working closely with the County to ensure a thorough study. Estimated Costs 1 SIGNATURE & ACCEPTANCE MAGELLAN ADVISORS, LLC. Print Name: We Hollifield Title -,VP of Marketi Signature: Date: 4/29/2021 INDIAN RIVER COUNTY Print Name: Title: Signature: Date: www. MAGELLAN-ADVISORS.com 155 15 I INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission Rachel Ekeroth NAME OF INDIVIDUAL OR ORGANIZATION: F -1111R WR3 300 Turtle Run Dr. Apt 207 Sebastian PHONE: 941 _rj80_4540 Florida Housing Finance Corporation Median Income Guidelines SUBJECT MATTER FOR DISCUSSION: for Indian River County IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? ❑ YES 2] NO look into rate of rental increase and see what county government WHAT RESOLUTION ARE YOU can do to advocate for relief. REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES Z NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? 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O m V m CJ7 tri A A A W j V W W m W CD V O m N m W A CD m CO m w W s I� cWm D 'V N N O ONo N >7 m CO W V m m m mGNn W t0 I �1 fla O j 0 oao rn aai I w cutis A I W co CD I IV CD CO �Wn p077 I[} cmDcWD A CVD W ; Q O (n O N o �O W N CTl wm O m a V W mCO A CJI A j CO W W N W.mP E N V m V7 N CCJ W :.N I (D Cn W V m m W IV COW ' A IpVi CO W V O W V V m Cn -C-- O tJl m 7 ;C O Om7 N W A cc ) m m -� put N W O CC.T�J O) N CT qmo Cn W ...� A V Cn C^ ,q - N � d N n v CD m m CD CD d 7 CD p CD o� ro N m N CD CD O 4 N CD •� -0@ o. i% W O m m a T 00 Co 3 N 3 <m 0 N CD CD N a m m N a Q O O 7 m o ro 7 N a S S O a CD W is Cn O d. Z 6l @ a i_' it) .9, 1. 50 1� Pelican Isles 925 Pelican Isles Circle ♦ Sebastian ♦ FL ♦ 32958 PH (772) 581-4440 ♦ Fax (772) 228-9103 o RENEWAL NOTICE Rachel Ekeroth 300 Turtle Run Drive Building # 8 Apartment 207 Sebastian, FL 32958 Re: Lease Expiration, please read carefully. The renewal date of your lease is approaching. Your lease expires on 01/31/21 You are a valued resident and we want you to stay! Please call the office if you are planning to renew to set an appointment to sign your new lease. Pelican Isles Management is required to do a renewal inspection of your apartment before a new lease is signed, maintenance will perform this inspection within the next 30 days. Please be advised the new Base Rental Rate will be $596.00 per month excluding washer /dryer charges. (Washer and Dryer 50.00) Total Rent $646.00 per month. Effective 02/01/21 � mgt � If you do not plan on renewing your lease, you must provide a written 60 -day notice to vacate, this form is available at the management office. This is your official notice that the management of Pelican Isles will not allow you to remain as a month to month resident, you will be required to vacate the premises on 01131L21. If you fail to turn in keys, you will be considered a holdover resident and charged in accordance with Florida Statues Section 82.58. If you are not renewing your lease, you must provide a written 60 -day notice to vacate. We have a form at the management for your use. ( % Thank you for Jyour attention. If you have any question, please do not hesitate to call. �10 Thank you, Pelican Isles Management Pe. Hcan Isles Apartments 925 Pelican Isles Circle ♦ Sebastian ♦ FL ♦ 32958 PH (772) 5814440 ♦ Fax (772) 2289103 30-(Thirty) Day Notice of Rental Escalation May 1, 2021 Rachel Ekeroth And all others in possession 300 Turtle Run Dr., Amt 207 Sebastian FL, 32958 Dear Valued Resident: Pursuant to Paragraph 42 of your Lease Agreement, entitled "Escalation Clause" you are Informed that Pelican Isles Apartments is a federally. regulated property as to rental income. Since the apartment community is a federally regulated property, the annually chargeable rent is based upon Florida Housing Finance Corporation median income guidelines for the county in which you reside. That clause specifically states that "should Florida. Housing Finance Corporation or other Federal authority guidelines revise median income guidelines for this county, then the parties agree that management shall have the right to increase the monthly rental amount to comply with the highest allowable rate then promulgated by Florida Housing Finance Corporation or other federal authority guidelines." The Florida Housing Finance Corporation has determined that the median income. guidelines for rent have been raised by $89.00 for your particular sized unit. Thus, your rent shall increase to the monthly rental Amount of $685.08 per month effective the 15t day of June.2021. (This does not include any additional fees such at Laundry, trailer parking etc.) Pursuant to the Escalation Clause, 30-days written notice must be given to you,prior to the next rental period in which the higher payment is due. Paragraph 42 additionally states "the Resident then agrees that the base rent due and owing under Paragraph one (1) of the j apartment lease agreement shall be modified to reflect such change to the base rental rate." Thus, you are required to tender the higher amount noted above on the effective date or you shall be in default of your rental obligation. Sincerely, Management of Pelican Isles Apartments I5� Pelican Istes Apartments 925 Pelican Isles Circle ♦ Sebastian ♦ Florida 32958 Phone: 772.581.4440 ♦ Fax: 772.228.9103 *One Bedroom/One Bath *Two Bedroom/Two Bath 740 Sq. Ft- $685.00 per month 1007 Sq. Ft- $815.00 per month *Three Bedroom/Two Bath 1220 Sq. Ft- $936.00 per month ®1? *Water, Sewer, Trash removal and pest control included in base rent. All units offer stackable washer and dryer rental at $50.00 per month. Maximum Income Limits 1 Occupant 2 Occupants 3 Occupants 4 Occupants 5 Occupants 6 Occupants $27,200 $31,050 $34,950 $38,800 $41,950 $45,050 Minimum Income 1 BR 51.4,000 2 BR S16,000 3 BRS18,000 • $40 Application Fee per adult. (Nonrefundable) + $250 hold fee (applied to -wards Security Deposit) required upon bring offered an apartment. • Total security deposit is equal to one month's rent, due upon move -in. If application is cancelled for any reason by the applicant; the holding deposit is non-refundable. (Money older or Cashier's Check Only) Professionally managed by: tpL committed to Excellence in Affordable blot sing `Income Restrictions Apply' Prices and specials subject to change without notice. Effective 05101/2021 t5 -� !!4 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne BoyI1 Director of Human Resources DATE: May 6, 2021 SUBJECT: Request for Executive Session — Teamsters Local 769 and IAFF Local 2201 Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss negotiations with Teamsters and IAFF for wage increases for FY21/22, the final year of the current collective bargaining agreements. The meeting will be held on May 18, 2021 immediately following the regular meeting of the Board. This meeting is exempt from F.S. 286.011. Discussions are limited to matters related to the negotiations. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; Tad Stone, Director of Emergency Services (for the IAFF portion only); David Johnson, Assistant Fire Chief Support Services (for the IAFF portion only) as well as the County Administrator, Jason E. Brown. 157 4iVElt C a °oma Office of the INDIAN RIVER COUNTY ,oRIoA 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 PREPARED BY: Kristin Daniels Director, Management & Budget DATE: May 11, 2021 SUBJECT: American Rescue Plan Act of 2021 — Non -Profit Assistance Grant and Down Payment & Rehabilitation Assistance Program Proposals BACKGROUND: On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United States' recovery from negative economic health and economic impacts of COVID-19. Indian River County's ARP allocation is anticipated to be $31,063,168. On April 13, 2021 the Board of County Commissioners voted to allocate $500,000 towards a Non - Profit Assistance Program, and $4M to a Down Payment & Rehabilitation Assistance Program. The purpose of this agenda item is to detail both program proposals and obtain Board input in developing the program criteria. Initial guidance was first received from the Treasury Department on May 10th. Staff will continue to review that guidance and, if necessary, staff will bring back any proposed changes to the program requirements for Board approval at a later date. Non -Profit Assistance Program At the April 13, 2021 Board of County Commissioners meeting, an in-depth discussion arose regarding program criteria. Staff was asked to summarize the discussion points into a formal agenda item and present those findings to the Board for further review. 158 According to the Internal Revenue Service's (IRS) website, a total of 536 501(c)(3)'s and (4)'s are registered in Indian River County. Of those 536 non -profits, 80 have done business with the United Way or Indian River County over the past ten years (See Attached). Of the 80 eligible non -profits, 43 are located in the unincorporated County, 33 in the City of Vero Beach, 3 in the City of Sebastian, and 1 in the City of Fellsmere according to the IRS website (see list attached). The Board will need to address if funding will be provided to all non -profits within IRC, or only those located in the unincorporated area. Staff is also seeking Board direction regarding what types of funding that the agencies may have already received that would disqualify them from receiving the $10,000 non-profit assistance. It is likely that the vast majority of these non -profits have already received Payroll Protection Program (PPP) funding, and various other assistance via CARES Act or increased donor contributions. Assuming all of the 80 non -profits apply and qualify for the $10,000 grant, a total of $642,142.60 could be awarded. This amount is less than the maximum $800,000 due to the fact that $2,317,471.25 has already been awarded to these agencies through IRC CARES Act funding. Any funding previously received by the non-profit through the CARES Act would have their $10,000 non-profit assistance grant reduced by that amount. Staff would recommend, at a minimum, that any support received from CARES Act funds would be deducted from the $10,000 potential award amount. Criteria should also determine if assistance was requested or received from a municipality. Various program criteria were discussed at the April 13, 2021 BCC meeting including: • Non -Profit must employ executive/admin staff and have a Board of Directors • Provide financial statements for the most recent fiscal year • Provide the last 6 months of Board of Director meeting minutes • Provide the number of clients served before and after COVID-19 (ex. March/April 2020 vs. March/April 2021) • Revenue loss not included • CPA review of financial statements • Strategic Plan for operations going forward • Must have done business with IRC or the United Way over the past 10 years Staff is able to include each of these program criteria as part of the application process, but will need further direction in vetting these criteria. For instance, staff feels that any increase in demand for services or costs to provide services such as enhanced cleaning, facility improvements to promote social distancing, or PPE should be a qualifying event when analyzing the financial statements and amount of people served before and after COVID-19. However, the County does not require agencies who are awarded less than $100,000 in funding to provide a CPA review of their financial statements as this review can be quite costly and would be a burden on smaller non- profit agencies. Staff is of the opinion that the request for a plan going forward could be any type of proof or attestation that the non-profit plan to remain in business in the future. A similar stipulation was also required of the small business grant assistance applicants. Other valuable criteria that should be included are as follows: • Have 25 or fewer full-time equivalent (FTE) employees • Have been in operation prior to October 1, 2019 159 • Be current on all tangible personal property and/or real estate taxes • Have no judgements, liens, bankruptcies, etc. against the non-profit business or owner • Operate as a 501(c)(3) or (4), be in good standing with the State of Florida, IRC, and had received its non-profit status prior to March 01, 2020 • Grants cannot provide funding for religious or political activities (this would not exclude funding to religious or faith -based organizations providing charitable programs (e.g. Samaritan Center) • Provide information regarding whether the entity has requested or received funding from a municipality. All aforementioned criteria will be worked into the application packet that non-profit agencies will be provided and required to complete. The County would like to partner with the Small Business Development Center (SBDC) at Indian River State College to review these applications, similar to our partnership with implementing the Small Business Grant program. The SBDC does not wish to receive any financial compensation in return for their initial review and intake of applications. IRC staff will still be heavily involved in the process and will review each application once received, to ensure all grant requirements have been met by the qualifying non-profit agency. While there would not be an outside administrative charge for services, this will result in costs for County staff time to administer the program. Housing Assistance Programs On April 13, 2021 the Board of County Commissioners approved awarding $4M of ARP funding towards Housing Assistance programs. The primary intent is to assist income qualified households in need to purchase or rehabilitate a residence that may not otherwise be affordable given the current economic conditions. For residents of Indian River County, the primary source of housing rehabilitation and purchase assistance is the State Housing Initiative Partnership (SHIP) program. With the increased housing costs caused by COVID-19 (limited supply of housing, increased building material and labor cost, etc.), staff is proposing to add ARP funds to existing SHIP resources to make purchasing and rehabilitating housing more attainable. Because ARP funding is potentially more flexible than SHIP funding, staff has also considered new programs that can be initiated to address the housing crisis. For discussion purposes, staff has proposed approximate funding levels for each of the proposed programs. These numbers are subject to change based on demand, funding levels, and yet to be released ARP guidelines. Initial proposed program guidelines and funding levels are contained on the attached American Rescue Plan Potential Housing Programs spreadsheet. Supplemental Housing Assistance Rehab and Purchase (SHARP) program • Application Process Potential program recipients will initiate an application for purchase and/or rehabilitation through the County's existing SHIP program. ARP funds will be used in conjunction with the SHIP funds to match and supplement the County SHIP allocation in order to help more Very Low Income (VLI), Low Income (LI), and Moderate Income (MI) applicants and to lessen their debt burden. 160 Existing SHIP applicants will be prioritized for the new program, while new applicants will be handled on a first-come, first-served basis. Like the SHIP program, applicants are eligible for Purchase Assistance, Rehab Assistance, or Both. • Applicant Eligibility Staff is proposing to retain the SHIP standards of limiting assistance to Very Low Income, Low Income, or Moderate Income persons (See Attached). • Assistance Amounts Because the cost of homeownership increased due to the COVID-19 crisis, staff is recommending increases above SHIP program levels. For example, for VLI persons, the existing level of $20,000 will be increased to $40,000 for Purchase Assistance and from the existing $60,000 to $70,000 for Rehab Assistance (when not part of home purchase). Staff is proposing $1,450,000 for individual purchase and rehab assistance. • Repayment Under the SHIP program, recipients must repay their assistance if they sell their homes within a 10 -year or 20 -year timeframe. Under the new program, only the SHIP component of this assistance will need to be paid back. The ARP assistance is in the form of a federal grant and at this time there is no provision for recapturing funds. Additional Housing Projrams In 2019, the County's Affordable Housing Advisory Committee (AHAC) has adopted strategies to promote affordable housing in Indian River County. Drawing upon AHAC recommendations, prior BCC discussions, and other identified community needs, staff has identified new potential programs for consideration by the Board. Proposed funding totals for these programs are shown in parentheses. Low Income Housing Tax Credit (LIHTC) project assistance — This federal (state run) program leverages large amounts of federal assistance toward new housing community construction. Staff is recommending up to $400,000 in assistance to a qualified LIHTC developer ($400,000 allocation). • Accessory Dwelling Unit Program — Accessory Dwelling Units (ADUs) are encouraged as a way to enable affordable housing options for multi -generational family needs, such as a couple taking care of an elderly relative. Staff is recommending assistance on a "sliding scale" for construction of an ADU for an occupant household earning up to 120% of Average Median Income ($450,000 allocation). Non -Profit Housing Community Rehab Program. Non -Profit housing grants of up to $400,000 per applicant for rehab and infrastructure repair for qualified Non -Profit Housing Communities ($600,000 allocation). 161 • Non -Profit Housing Construction Program. Non -Profit housing assistance of up to $60,000 per unit for construction of cost-efficient duplex and townhouse units for occupancy by disadvantaged populations such as homeless Veterans ($400,000 allocation). • Gifford Gardens Redevelopment. To incentivize developer commitment to this project, staff is recommending participation in the project's design engineering and infrastructure costs (road construction/installation, retention pond installation, site grading, water/sewer line installation) ($350,000 allocation). Administrative and Other Considerations In order to effectively operate this program, staff is proposing utilizing approximately 8.75% of the ARP funds for administrative costs, including new positions and temporary administrative services, slightly less than the administrative percentage used for the SHIP program ($350,000 allocation). Finally, it has been mentioned in the past that workforce housing for essential employees (such as teachers, first responders, and health care workers) is a possible priority for funding. Staff recommends that additional assistance of up to $10,000 per applicant from existing funds be made available to these or other targeted populations. At this time, staff is seeking general direction with respect to the proposed programs and corresponding funding allocations. In light of evolving federal guidance, staff will return with specific guidelines for approved programs. RECOMMENDATION: Staff recommends that the Board of County Commissioners consider the proposed criteria for the Non -Profit Assistance Program as outlined below, determine any adjustments as needed and approve criteria with any changes, if necessary. • Non -Profit must employ executive/admin staff and have a Board of Directors • Provide financial statements for the most recent fiscal year • Provide the last 6 months of Board of Director meeting minutes • Provide the number of clients served before and after COVID-19 (ex. March/April 2020 vs. March/April 2021) • Revenue loss alone would not make entities eligible for funding • Experienced an increase in demand for services or costs to provide services • CPA review of financial statements • Strategic Plan for operations going forward • Must have done business with IRC or the United Way over the past 10 years • Have 25 or fewer full-time equivalent (FTE) employees • Have been in operation prior to October 1, 2019 • Be current on all tangible personal property and/or real estate taxes • Have no judgements, liens, bankruptcies, etc. against the non-profit business or owner 162 Operate as a 501(c)(3) or (4), be in good standing with the State of Florida, IRC, and had received its non-profit status prior to March 01, 2020 Grants cannot provide funding for religious or political activities (this would not exclude funding to religious or faith -based organizations providing charitable programs (e.g. Samaritan Center) Entity must be located within the unincorporated area of Indian River County according to IRS registration. 2. Staff recommends that the Board of County Commissioners consider the proposed criteria for the Supplemental Housing Assistance Rehab and Purchase (SHARP) Program as outlined below, determine any adjustments needed and approve the criteria with any changes, if necessary. • Program is limited to Very Low Income (VLI), Low Income (LI), and Moderate Income (MI) Households • Program will be administered in conjunction with the County's existing SHIP program • Individual Assistance levels will be increased above SHIP limits due to the increasing cost of homeownership in Indian River County (See Attached), with an additional $10,000 for eligible essential employees such as teachers, first responders, and health care workers • In the event the grantee moves out or sells the home within a specified timeframe, only the SHIP portion of the assistance will need to be repaid Staff recommends the Board of County Commissioners approve the following Additional Housing Assistance Programs as outlined below, determine any adjustments needed and authorize staff to develop detailed criteria for the additional programs with any changes, if necessary. • Low Income Housing Tax Credit (LIHTC) project assistance ($400,000 allocation) • Accessory Dwelling Unit Program ($450,000 allocation) • Non -Profit Housing Community Rehab Program ($600,000 allocation) • Non -Profit Housing Construction Program ($400,000 allocation) • Gifford Gardens Redevelopment ($350,000 allocation) At this time, staff is seeking general direction with respect to the proposed programs and corresponding funding allocations. In light of evolving federal guidance, staff will return with specific guidelines for approved programs. ATTACHMENTS: 1. List of Eligible Non -Profits in Indian River County 2. Non -Profit Assistance Application 3. American Rescue Plan Potential Housing Programs spreadsheet 4. SHIP Income Categories table 163 Eligible 501(c)(3) & (4) Entities EIN NAME )c) MUNICIPALITY RCVO FROM UW RCVD FROM IRC TOTAL RECEIVED REMAINING 592437723 ALZHEIMER -PARKINSON ASSOCIATION OF IRC INC 3 City of Vero Reach $ - $ 10,000.00 362416220 AMERICAN SECURITY COUNCIL FOUNDATION 3 City of Sebastian $ - $ 10,000.00 810947771 BIKE WALK INDIAN RIVER COU NTY INC 3 Indian River County $ - $ 10,000.00 593623298 BOYS & GIRLS CLUB OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ 2,488.63 $ 2,488.63 $ 7,511.37 454235195 CAMP HAVEN INC 3 City of Vero Beach $ 2,497.40 $ 2,497.40 $ 7,502.60 650523165 CHILDCARE RESOURCES OF INDIAN RIVER INC 3 City of Vero Beach $ 5,007.00 $ 5,007.00 $ 4,993.00 261414621 COALITION FOR ATTAINABLE HOMES INC 3 City of Vero Beach $ - $ 10,000.00 590760199 COMMUNITY CHURCH OF VERO BEACH 3 City of Vero Beach 5 - $ 10,000.00 650963479 CORNERSTONE CHRISTIAN CURCH OF VERO BEACH INC 3 Indian River County $ - $ 10,000.00 465125222 CROSSOVER MISSION INC 3 City of Vero Beach $ 1,880.33 $ 1,880.33 $ 8,119.67 593299133 CULTURAL COUNCIL OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ - $ 10,000.00 20633089 DASIE BRIDGEWATER HOPE CENTER INC 3 Indian River County $ - $ 10,000.00 591144567 ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ 433,179.65 $ 433,179.65 $ - 593118402 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ - $ 10,000.00 650064129 ENVIROMENTAL LEARNING CENTER INC 3 Indian River County $ - $ 10,000.00 650613037 ENVIRONMENTAL LEARNING CENTER FOUNDATION INC 3 Indian River County $ - $ 10,000.00 800147808 EVERY DREAM HAS A PRICE INC 3 City of Vero Beach $ - $ 10,000.00 141908965 FEED THE LAMBS ENRICHMENT PROGRAM INC 3 Indian River County $ 4,257.16 $ 4,257.16 $ 5,742.84 590806971 FIRST BAPTIST CHURCH OF VERO BEACH 3 City of Vero Beach $ - $ 10,000.00 596505847 FIRST CHURCH OF GOD OF VERO BEACH 3 Indian River County $ - $ 10,000.00 832120386 FREEDOM JOURNEY MINISTRIES INC 3 Indian River County $ - $ 10,000.00 650294164 FRIENDSHIP GATHERING INC 3 Indian River County $ - $ 10,000.00 814878056 GIFFORD COMMUNITY CULTURAL AND RESOURCE CENTER 3 Indian River County $ - $ 10,000.00 431950911 GIFFORD YOUTH ACHIEVEMENT CENTER INC 3 Indian River County $ 12,708.00 $ 12,708.00 $ - 650230079 HABITAT FOR HUMANITY INTERNATIONAL INC 3 Indian River County $ - $ 10,000.00 208466866 HELPING ANIMALS LIVE AND OVERCOMEINC 3 City of Sebastian $ - $ 10,000.00 592632361 HIBISCUS CHILDRENS CENTER INC 3 Indian River County $ - $ 10,000.00 590863199 HUMANE SOCIETY OF VERO BEACH FLA 3 Indian River County $ - $ 10,000.00 2045951081GLESIAJESUCRISTO ELTODOPODEROSOV INC 3 Indian River County $ - $ 10,000.00 650363222 INDIAN RIVER COUNTY HEALTHY START COALITION INC 3 City of Vero Beach $ 4,779.57 $ 4,779.57 $ 5,220.43 592419060 INDIAN RIVER COUNTY HISTORICAL SOCIETY INC 3 City of Vero Beach $ - $ 10,000.00 453607145 INDIAN RIVER COUNTY VETERANS MALL FOUNDATION INC 3 Indian River County $ - $ 10,000.00 263666995 INDIAN RIVER GOLF FOUNDATION INC 3 City of Vero Beach $ - $ 10,000.00 462499940 INDIAN RIVER LACROSSE ASSOCIATION INC 3 City of Vero Beach $ - $ 10,000.00 650059649 INDIAN RIVER LAND TR INC 3 City of Vero Beach $ - $ 10,000.00 592654810 INDIAN RIVER SOCCER ASSOCIATION INC 3 Indian River County $ - $ 10,000.00 463497551 INDIAN RIVER SPORTS COMPLEX INC 3 Indian River County $ - $ 10,000.00 593042966 JUNIOR LEAGUE OF INDIAN RIVER INC 3 Indian River County $ - $ 10,000.00 591850384 KASHI CHURCH FOUNDATION INC 3 Indian River County $ - $ 10,000.00 650712624 KEEP INDIAN RIVER BEAUTIFUL INC 3 Indian River County $ - $ 10,000.00 591987210 LITERACY SERVICES OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ 1,701.10 $ 1,701.10 $ 8,298.90 462005908 LITTLE LEAGUE BASEBALL INC 3 Indian River County $ - $ 10,000.00 592675257 LIVING LORD LUTHERAN CHURCH 3 Indian River County $ - $ 10,000.00 591693337 MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY INC 3 Indian River County $ 28,905.04 $ 28,905.04 $ - 813960111 MENTAL HEALTH COLLABORATIVE OF INDIAN RIVER INC 3 City of Vero Beach $ - $ 10,000.00 465201707 MISS BS LEARNING BEES 3 Indian River County $ 6,321.50 $ 6,321.50 $ 3,678.50 596197617 PELICAN ISLAND AUDUBON SOCIETY INC 3 Indian River County $ - $ 10,000.00 592356942 PROGRESSIVE CIVIC LEAGUE OF GIFFORD FLORIDA INC 3 Indian River County $ - $ 10,000.00 261533123 PROMISED LAND ANGLICAN CHURCH INC 3 City of Vero Beach - $ - $ 10,000.00 650013285 RIVERSIDE CHURCH 3 Indian River County $ - $ 10,000.00 454837356 ROTARY CLUB OF VERO BEACH SUNRISE FOUNDATION INC 3 City of Vero Beach $ - $ 10,000.00 591059214 SAINT EDWARDS SCHOOL 3 Indian River County $ - $ 10,000.00 650372055 SEBASTIAN AREA SOCCER ASSOCIATION INC 3 Indian River County $ - $ 10,000.00 271098620 SEBASTIAN RIVER ROWING INC 3 Indian River County $ - $ 10,000.00 831714542 SENIOR COLLABORATIVE OF INDIAN RIVER COUNTY INC 3 City of Vero Beach $ - $ 10,000.00 591539957 SENIOR RESOURCE ASSOCIATION INC 3 Indian River County $ 7,351.73 $ 350,000.00 $ 357,351.73 $ - 592542603STELIZABETHSEPISCOPAL CHURCH INC 3 City of Sebastian $ - $ 10,000.00 237350059 ST FRANCIS MANOR OF VERO BEACH FL INC 3 City of Vero Beach $ - $ 10,000.00 650289856 ST MARKS CHURL OF IRC INC 3 Indian River County $ - $ 10,000.00 311775432 ST PETERS ACADEMY INC 3 Indian River County $ - $ 10,000.00 650202835 SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY INC 3 City of Vero Beach 5 10,688.21 $ 10,688.21 $ - 590806983SUNSHINE REHABILITATION CENTER OFINDIAN RIVER COUNTY INC 3 City of Vero Beach $ - $ 10,000.00 591626205 THE ARC OF INDIAN RIVER COUNTY INC 3 Indian River County $ 14,552.68 $ 14,552.68 $ - 800605983THE GIFFORD FLORDIAYOUTH ORCHESTRA 3 Indian River County $ - $ 10,000.00 593129752 THE HOPE FOR FAMILIES CENTER INC 3 Indian River County $ 9,102.98 $ 9,102.98 $ 897.02 270725986 THE LEARNING ALLIANCE INC - 3 City of Vero Beach $ - $ 10,000.00 261353162 THE SEBASTIAN LIONS CHARITY FOUNDATION INC 3 Indian River County $ - $ 10,000.00 593219191 TREASURE COAST COMMUNITY HEALTH INC - 3 Fellsmere $ 200,000.00 $ 200,000.00 $ - 522254571TREASURE COAST HOMELESS SERVICE COUNCIL INC 3 City of Vero Beach $ 244,259.88 $ 244,259.88 $ - 200105782 TREASURE COAST RUGBY FOUNDATION 3 Indian River County $ . 5 10,000.00 113697936 UNITED AGAINST POVERTY INC 3 City of Vero Beach $ 656,889.60 $ 656,889.60 5 - 591087090UNITED WAY OFINDIAN RIVER COUNTY INC 3 City of Vero Beach $ 299,561.22 $ 299,561.22 $ - 831470156 VERO BEACH AMATEUR RADIO CLUB INC 3 Indian River County $ - $ 10,000.00 592092426 VERO BEACH FIREFIGHTERS ASSOCITION INC 4 City of Vero Beach $ - $ 10,000.00 834634155 VERO BEACH FOUNDATION GATORS FOOTBALLAND CHEER CORPORATION 3 Indian River County $ - $ 10,000.00 593108608 VERO HERITAGE INC 3 City of Vero Beach $ 4,364.98 $ 4,364.98 $ 5,635.02 592970832 VETERANS COUNCIL OF INDIAN RIVER COUNTY 3 City of Vero Beach $ . $ 10,000.00 591645497 VISITING NURSE ASSOCIATION OF INDIAN RIVER COUNTY INC 3 Indian River County $ 5,456.75 $ 5,456.75 $ 4,543.25 471075144 WILLIS SPORTS ASSOCIATION INC 3 Indian River County $ - $ 10,000.00 650017325 YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY 3 City of Vero Reach $ 11,517.84 $ 11,517.84 $ Total $ 1,767,471.25 $ 550,000.00 $ 2,317,471.25 $ 642,142.60 City of Sebastian 3 City of Vero Beach 33 Fellsmere 1 Indian River County 43 Total Entities 80 164 INDIAN RIVER COUNTY NON-PROFIT GRANT APPLICATION Through the federal American Recovery Plan (ARP) Act funding program, the Indian River County Board of County Commissioners is providing one-time grants of up to $10,000 to qualifying non-profit organizations operating in Indian River County, negatively affected by the COVID-19 Pandemic (see Eligible List of Non -Profits). The grant is limited to one application per non-profit, including organizations with multiple locations within Indian River County. Funds may be used for business-related expenses incurred after March 3, 2021. Funds may not be used for the exact same expense.that was paid by other federal programs for the same time period. Applications will be accepted and processed until the funds are exhausted. All completed grant.applications will be submitted electronically to the Florida Small Business Development Center (SBDC) at Indian River State College (IRSC) for initial processing on the County's behalf. Once final approval is given, grant payments will be mailed by the Indian River County Finance Office. To meet grant eligibility criteria, the non-profit must: • Be a non-profit headquartered in Indian River County that was negatively affected by the COVID-19 Pandemic (see list of Eligible Non -Profits) by experiencing an increase in demand for services or costs to provide services such as PPE, enhanced cleaning, etc. • Be registered as either a 501(c)(3) or 501(c)(4) and be in good standing with the State of Florida, IRS, County and/or United Way and had received its non-profit status prior to March 1, 2020 • Have 25 or fewer full time equivalent (FTE) employees, including the business owner • Have been in operation since October 1, 2019 • Expect to return to full operations • Have done business or received funding from either the United Way or Indian River County over the past 10 years (see list of Eligible Non -Profits) • Have no active judgements, liens, bankruptcies, etc. against the organization or owner(s) • Be current on all tangible personal property and/or real estate taxes • Employ executive/administrative staff and have a Board of Directors • Provide last 6 months of Board of Director meeting minutes • Provide number of people served before and after COVID-19 (ex. March/April 2020 vs. March/April 2021) 165 • Provide proof that financial statements have been audited by a Certified Public Accountant (CPA) • Provide a plan going forward to prove the intent to remain operational after the pandemic Ineligible businesses include: • Businesses with more than 25 FTE Employees • Non -Profits headquartered outside of Indian River County • Those not negatively affected by the COVID-19 Pandemic • A non-profit that has applied for, or received, CARES Act grant funding from a municipality in Indian River County; or previously received a CARES Act grant from Indian River County or the United Way in excess of $10,000. Grant funding received under $10,000 will be deducted from the maximum amount paid under the non-profit assistance program. • Funding for religious or political activities 166 ELIGIBLE NON -PROFITS ALZHEIMER -PARKINSON ASSOCIATION OF IRC INC AMERICAN SECURITY COUNCIL FOUNDATION BIKE WALK INDIAN RIVER COUNTY INC BOYS & GIRLS CLUB OF INDIAN RIVER COUNTY INC CAMP HAVEN INC CHILDCARE RESOURCES OF INDIAN RIVER INC COALITION FOR ATTAINABLE HOMES INC COMMUNITY CHURCH OF VERO BEACH CORNERSTONE CHRISTIAN CURCH OF VERO BEACH INC CROSSOVER MISSION INC CULTURAL COUNCIL OF INDIAN RIVER COUNTY INC PROMISED LAND ANGLICAN CHURCH INC RIVERSIDE CHURCH ROTARY CLUB OF VERO BEACH SUNRISE FOUNDATION INC SAINT EDWARDS SCHOOL SEBASTIAN AREA SOCCER ASSOCIATION INC SEBASTIAN RIVER ROWING INC SENIOR COLLABORATIVE OF INDIAN RIVER COUNTY INC SENIOR RESOURCE ASSOCIATION INC ST ELIZABETHS EPISCOPAL CHURCH INC ST FRANCIS MANOR OF VERO BEACH FL INC DASIE BRIDGEWATER HOPE CENTER INC ST MARKS CHURC OF IRC INC ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY IE PETERS ACADEMY INC EDUCATION FOUNDATION OF INDIAN RIVER COUNTY INC SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY INC ENVIROMENTAL LEARNING CENTER INC SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY INC ENVIRONMENTAL LEARNING CENTER FOUNDATION INC EVERY DREAM HAS A PRICE INC FEED THE LAMBS ENRICHMENT PROGRAM INC FIRST BAPTIST CHURCH OF VERO BEACH FIRST CHURCH OF GOD OF VERO BEACH FREEDOM JOURNEY MINISTRIES INC FRIENDSHIP GATHERING INC GIFFORD COMMUNITY CULTURAL AND RESOURCE CENTER GIFFORD YOUTH ACHIEVEMENT CENTER INC HABITAT FOR HUMANITY INTERNATIONAL INC HELPING ANIMALS LIVE AND OVERCOMEINC HIBISCUS CHILDRENS CENTER INC HUMANE SOCIETY OF VERO BEACH FLA IGLESIAJESUCRISTO ELTODOPODEROSOV INC INDIAN RIVER COUNTY HEALTHY START COALITION INC INDIAN RIVER COUNTY HISTORICAL SOCIETY INC INDIAN RIVER COUNTY VETERANS MALL FOUNDATION INC INDIAN RIVER GOLF FOUNDATION INC INDIAN RIVER LACROSSE ASSOCIATION INC INDIAN RIVER LAND TR INC INDIAN RIVER SOCCER ASSOCIATION INC INDIAN RIVER SPORTS COMPLEX INC JUNIOR LEAGUE OF INDIAN RIVER INC KASHI CHURCH FOUNDATION INC KEEP INDIAN RIVER BEAUTIFUL INC LITERACY SERVICES OF INDIAN RIVER COUNTY INC LITTLE LEAGUE BASEBALL INC LIVING LORD LUTHERAN CHURCH MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY INC MENTAL HEALTH COLLABORATIVE OF INDIAN RIVER INC MISS BS LEARNING BEES PELICAN ISLAND AUDUBON SOCIETY INC PROGRESSIVE CIVIC LEAGUE OF GIFFORD FLORIDA INC THE ARC OF INDIAN RIVER COUNTY INC THE GIFFORD FLORDIA YOUTH ORCHESTRA THE HOPE FOR FAMILIES CENTER INC THE LEARNING ALLIANCE INC THE SEBASTIAN LIONS CHARITY FOUNDATION INC TREASURE COAST COMMUNITY HEALTH INC TREASURE COAST HOMELESS SERVICE COUNCIL INC TREASURE COAST RUGBY FOUNDATION UNITED AGAINST POVERTY INC UNITED WAY OF INDIAN RIVER COUNTY INC VERO BEACH AMATEUR RADIO CLUB INC VERO BEACH FIREFIGHTERS ASSOCITION INC VERO BEACH FOUNDATION GATORS FOOTBALL AND CHEER CORPORATION VERO HERITAGEINC VETERANS COUNCIL OF INDIAN RIVER COUNTY VISITING NURSE ASSOCIATION OF INDIAN RIVER COUNTY INC WILLIS SPORTS ASSOCIATION INC YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY 167 APPLICATION Indian River County ARP Act Non -Profit Assistance Grant All of the documents listed below must accompany your completed application (please scan them into one pdf document). If all items are not included, it may cause a delay in processing your application. DOCUMENT CHECKLIST — HAVE YOU INCLUDED ❑ State of Florida business registration from the Florida Division of Corporation showing the business is registered in Indian River County; visit www.Sunbiz.org for assistance (except for 1099 employees) ❑ A copy of the business owner's(s) Driver's License or other photo government -issued identification ❑ Full employee list as of March 3, 2021, noting if full-time or part-time (wage information is not needed) ❑ Completed and signed current IRS W-9 form - Request for Taxpayer Identification Number and Certification (visit the IRS website for assistance) 0 Documentation verifying increased costs due to COVID-19 (Profit & Loss, QuickBooks, copies of FL Dept. of Revenue monthly sales reports, Merchant Services reports) or increase in service demand 0 Brief explanation of the proposed use of grant funds ❑ Registered with the Florida Small Business Development Center at Indian River State College 0 Financial Statements for the most recent fiscal year Complete the application, and email it with the required documentation as listed above, to: fsbdc(cD-irsc.edu Tom Kindred, Regional Director FL Small Business Development Center at IRSC Please scan your application and all required documents into one document (pdf), Ito send in one email or as one combined file) 168 APPLICATION ARP Act Non -Profit Assistance Grant Non -Profit Information Full Legal Business Name: Please indicate your business structure (Choose one): ❑ 501(c)(3) ❑ 501(c)(4) Non -Profit Phone Number: Cell Phone Number: Current Non -Profit Address: City: State: FL Zip: Mailing Address, if different from above NOTE: Be sure to provide your preferred mailing address on your completed W9 form; this is where the grant check is mailed if your application is approved. Non -Profit Website: Primary E-mail Address: Primary Executive's Name: Additional Executives' Names: Description of non-profit and products/services offered: 169 Qualifying Questions Was your non-profit registered and operational in Indian River County, FL as of 10/1/2019? Yes No Is your non-profit locally or independently owned? Yes No How many FTE employees, including yourself, does your non-profit have? Full-time (30+ hours/week) Part-time (NOTE: 2 part-time employees equal 1 full-time FTE) Is the non-profit in .good standing? (i.e. no active judgements, liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted felons, court costs or criminal victim reimbursement programs) Yes No Have you applied for, or received, CARES Act grant funding from a municipalityin Indian River County, FL or the United Way? Yes No Amount of funds you are requesting (maximum $10,000 less any funds previously received per the previous question) Briefly explain how you intend to use the grant funds. NOTE: Funds may not be used for the exact same expense that was previously paid by other federal programs Grant Information This is a grant program, so no payback is required. Funds may be used for expenses during the period of March 3, 2021 through December 31, 2021. These.funds may be considered taxable income, so please contact your tax professional for guidance. : There is no deadline to apply. The Indian River County Non -Profit Assistance Grant has a limited amount of funds available and applications will be accepted until funds are exhausted. 170 Funds may not be used for the exact same expense that was reimbursed by another federal program. NOTE: If you have applied for and/or received grant funding from a municipality within. Indian River County or the United Way, you are only eligible to apply for and receive up to $10,000 which includes any previous funds awarded from CARES Act funding. These are limited funds that will be distributed on a first -submitted and eligible application basis. Please submit your application online in its entirety, including required documentation, to: fsbdc@irsc.edu Tom Kindred, Regional Director Florida Small Business Development Center at IRSC Please scan your application and all required documents into one document (pdf), to send in one email or as one combined file. 171 Grant Compliance If you do not comply with the requirements listed below and submit proper documentation, you will be responsible for repaying the grant in full. Grant recipients must submit supporting documentation that they have registered with Florida SBDC within one month of submission of application as part of the Grant compliance. Click Here to Register By clicking the Submit button below, I agree to the following terms and conditions. The Applicant agrees that neither Indian River County nor the FL Small Business Development Center at IRSC assume any responsibility for the success or failure of the Applicant's existing non-profit. The information in this application is provided for the purpose of applying for the Indian River County Non -Profit Assistance Grant program. The information is accurate to the best of the Applicant's knowledge. The Applicant understands that personal and/or business information may be requested pursuant to this application and herebygrants consent for such information to be provided to Indian River County. I (we) understand that any willful misrepresentation on this application could result in a fine and/or imprisonment under provision of the United States Criminal Code U.S. C. Title 18, Section 1001, and shall entitle the County to receive a return of any funding provided hereunder, in addition to any other remedies it may have against Applicant at law or in equity. I (we) further understand that, pursuant to Section 92.525, Florida Statutes, a person who knowingly makes a false declaration thereunder is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in Sections 775.082, 775.083 or 775.084, Florida Statutes. The submitted application, including attachments, is subject to disclosure under Florida's public records law subject to limited applicable exemptions. The Applicant acknowledges, understands, and agrees that, except as noted below, all information in the application and attachments will be disclosed, without any notice to the Applicant, .if a public records request is made for such information, and neither Indian River County nor the FL Small Business Development Center at IRSC will be liable to Applicant for such disclosure. 172 Social Security numbers are exempt from the public records law pursuant to Section 119.071, Florida Statutes. If the Applicant believes that the information in their application, including attachments, contains information that is confidential and exempt from disclosure, the Applicant must include a general description of the information and provide reference to the Florida Statute or other law which exempts such designated information from disclosure in the event of a public records request. The County does not warrant or guarantee that information designated by the Applicant as exempt from disclosure is in fact exempt, and if the County disagrees, it will make such disclosures in accordance with its sole determination as to the applicable law. You are authorized to make all the inquiries you deem necessary to verify the accuracy of the information contained herein. Additionally, the Applicant agrees that in the event that money is provided pursuant to this application, the County or its agent shall be entitled to access and audit such records as may be necessary to prevent fraud in this process or ensure compliance with federal requirements. The Applicant shall fully cooperate with the County or its agent and timely respond to any requests for such records. Without limiting the generality of the foregoing, the Applicant specifically acknowledges and agrees that, if awarded funds pursuant to this application, the County, and any duly authorized agents or representative of the County are entitled to examine documentation which concern or relate to this Application at any and all times during normal business hours upon request. Under penalties of perjury, 1, the Applicant(s), declare that I have read the foregoing application and that the facts provided are true. I understand that knowingly making a false written declaration may be charged as a felony of the third degree. 173 Acknowledgement &Signature Completion and submission of the application by the Applicant to Indian River County via the FL Small Business Development Center at IRSC is merely a request for grant funds and shall not be construed as an approval nor commitment by Indian River County. Printed Name(s) Authorized Signature(s) Date Please submit your application online in its entirety, including required documentation, to: fsbdc@irsc.edu Tom Kindred, Regional Director FL Small Business Development Center at IRSC Please scan your application and all required documents into one document (pdq, to send in one email or as one combined file. Click here to register with the FL Small Business Development Center (SBDC) at IRSC The SBDC will notify you if your application is deemed ineligible. Once recommended for approval, the SBDC will forward your application to Indian River County staff for final review and grant disbursement. 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I continue to enjoy my job, and would like to renew it for another year. A proposed agreement is attached. Besides a correction to a cross-reference in section 8(C), the only change from the current agreement is an increase in the annual compensation which reflects my current salary. RECOMMENDATION. The County Attorney recommends that the Board review the proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement 179 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of _, 2021, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and Dylan T. Reingold ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for a term of one year commencing July 1, 2021 ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests of the County, or would be the basis for employee discipline under AM 801.1 of the Administrative Policy Manual (`Behavior of Employees"). The County Attorney shall notify the Board of County 180 Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $176,054.32 payable in 26 bi-weekly payments of $6,771.32, adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost -of -living increases granted to other full-time, non -contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non -contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then, existing term of the agreement. 8. Termination. A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non -renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs. 181 B. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 8A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good cause. D. Nothing in this section 8 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida. 182 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Agreement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY Dylan Reingold Approved: Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA L'In Joseph E. Flescher, Chairman Date approved by BCC: May _, 2021 183 May 18, 2021 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 12, 2021 SUBJECT: IRC Administration Complex — Native Plant Garden Project FROM: Laura Moss Commissioner, District 5 My thanks to my colleagues for the benefit of your insight and your comments made at our 11/17/2020 BCC meeting with regard to Item 14.E.1, Creation of an Area of Native/Florida Friendly Plants. In the interim, multiple meetings with various Staff members have provided valuable input as well. Pelican Island Audubon Society has secured grant(s) that will provide full funding for this project. The project is intended to be educational for our community -at -large, as well as functional. It also affords us the opportunity to set a good example. As we all know, run-off into our Lagoon is a major problem that is amenable to mitigation through such measures. Thank you, in advance, for your further consideration of this project. Documents: • Inter -Office Memorandum for BCC Meeting 11/17/2020 (Please note OF/IFAS Extension is not included in the current proposal.) • Cadence Landscape Architecture Proposal to Dr. Richard Baker, President, Pelican Island Audubon Society, dated 03/16/2021 (please refer to "Possible Location' attached below in place of Exhibit D) • Possible Location • Letter of support from Indian River Neighborhood Association dated 05/10/2021 • Letter of support from Friends of St. Sebastian River dated 05/11/2021 • Letter of support from the Garden Club of Indian River County dated 05/11/2021 Laura Moss Indian River County Commissioner District 5 184 November 17, 2020 ITEM 1.4-E-1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 10, 2020 SUBJECT: Creation of an Area of Native/Florida Friendly Plants FROM: Laura Moss Commissioner, District 5 In partnership with Pelican Island Audubon Society and OF/IFAS Extension, we would like to create an area for Native/Florida Friendly Plants in front of the County Administration Buildings and the existing grass lawn to be removed. I would appreciate a discussion and the input of my fellow Commissioners regarding this subject. 185 cadence landscape architecture I urban design I site planning � environmental graphics March 16, 2021 Richard Baker, Ph.D President Pelican Island Audubon Society 195 9th Street Southeast Vero Beach, FL 32962 phone: (772) 567-3520 email: canoesrusl@gmail.com RE: PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES Dear Richard, Cadence is pleased to provide this proposal for Landscape Architectural services for the Indian River County (IRC) Administrative Complex Native Plant Garden project. It our understanding that the native plant garden project demonstration will be located at the entry of the IRC Complex in Vero Beach, Florida. Cadence is a Landscape Architecture firm located in downtown Fort Lauderdale, with an emphasis on designing compelling exterior living environments. We have extensive experience of successfully providing the services required for this project and an in depth knowledge of appropriately developing the right Florida native plant habitat for successfully demonstrating the beauty and function of Florida native planting design. It is our pleasure to offer you the following proposal for our Landscape Architectural services. We appreciate your consideration for this project and look forward to having the opportunity to work with you. If you have any questions or comments regarding this proposal, please do not hesitate to contact either one of us. Respectfully, Gage Couch, ASLA Rebecca Bradley, PL , A A 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence-140com cadence landscape architecture I urban design I site planning I environmental graphics EXHIBIT "A" SCOPE OF SERVICES 1.4.1 Native Planting. Design Plans Following an initial site walk and review of pre -design questionnaire from the Client. Cadence will prepare a preliminary planting and plant palette list. Upon final sign -off of approved preliminary plan, Cadence will produce full construction documents with planting installation plans. This phase of work will also consist of the following to fully communicate the design and benefit of a Florida native plant garden: DELIVERABLES: a. distribute online pre -design Client questionnaire b. preliminary planting plan c. illustrative planting plan for presentation d. final planting plan for installation e. order of cost magnitude study f. one (1) educational sign, prepared copy and sign detail information (shop drawings by others) SERVICES: a. two (2) site visits b. one (1) progress/coordination meeting with the Client and County via zoom c. general project administration LC 26000448 Page A-1 435 N Andrews Ave No. 2 Fort Lauderdale,.FL 33301 954.766.4572 • cadence-li\$-7com cadence landscape architecture I urban design I site planning I environmental graphics EXHIBIT "B" SCHEDULE OF SERVICES The Landscape Architect shall begin providing Landscape Architectural Services on the Project promptly upon the receipt of a written notice to proceed and deposit,.and shall perform its Services as expeditiously as is consistent with the standard of care described in section 1.1 of the Agreement. All time frames are subject to the Client's cooperation in accordance with the provisions of sections 1.4 and 2.3. Design Services Fees LANDSCAPE ARCHITECTURE - NATIVE PLANTING DESIGN AND SIGNAGE $5,500.00 IN-KIND DESIGN SERVICES DONATED -$1,500.00 INSTALLATION OBSERVATION (up to 4 hours total) $500.00 Total $4,500.00. *All bidding, permitting and construction administration assistance services are subject to hourly fees "Exhibit C". Upon Client request "Not To Exceed" estimates for these services can be provided. **Any additional master planning requests outside scope listed within are subject to on- going hourly master plan consulting fees. "Exhibit C" —Irrigation plans not included Payment Schedule 1. Executed Contract and -$2,000.00 deposit is due prior to work commencing 2. $2,000.00 payment due upon delivery of Planting Design services 3. Installation Observation Services to be billed hourly, see Exhibit "C" LC 26000448 Page B-1 435 N Andrews Ave No. 2 Fort Lauderdale,.FL 33301 * 954.766.4572 * cadence-li\IW-om cadence landscape architecture I urban design I site planning I environmental graphics EXHIBIT "C" LANDSCAPE ARCHITECT'S HOURLY COMPENSATION RATES SCHEDULE Principal $215/hr Professional Landscape Architect $195/hr Designer $120/hr Draftsman $85/hr Clerical $55/hr LC 26000448 Page C-1 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence-140com cadence landscape architecture I urban design I site planning I environmental graphics EXHIBIT "D" LIMIT OF WORK SITE PLAN Exterior area to be designed as outlined in the below aerial image. LC 26000448 Page D-1 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 954.766.4572 • cadence-li\lWom cadence landscape architecture I urban design I site planning I environmental graphics STANDARD AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS SHORT FORM CONTRACT FOR PROFESSIONAL SERVICES BETWEEN LANDSCAPE ARCHITECT AND CLIENT Preliminary Provisions Date This Agreement is made as of March 16, 2021 between the Client and Landscape Architect for the Landscape Architectural Services as provided herein. Client PELICAN ISLAND AUDUBON SOCIETY ORGANIZATION 195 9TH STREET SOUTHEAST/ VERO BEACH / FLORIDA /32962 ADDRESS / CITY / STATE / COUNTRY RICHARD BAKER, PH.D PRESIDENT Landscape Architect CADENCE COLLECTIVE, LLC NAME 435 N ANDREWS AVENUE/ SUITE 2 / FORT LAUDERDALE / FLORIDA / 33301 ADDRESS / CITY / STATE / ZIP 954-766-4572 REBECCACa)CADENCE-LIVING.COM CONTACT INFORMATION Project The project encompasses the round -a -bout area shown dashed in red in Exhibit "D". The project shall be designed with the intent for both aesthetic and educational value in this highly visible entry. The following will be considered for the planting design of the space: • Ease of long term maintenance and reduction of water usage Demonstration showing the artful way Florida native plants can be textured and layered for maximum curb appeal Attractive to Native butterfly and pollinators Compensation Compensation for the Scope of Services to be performed under this Agreement shall be the Stipulated Sum of $4,500.00 plus Supplemental and/or Reimbursable Expenses as defined in Article 4 and is subject to the provisions of this Agreement. Supplemental Services, when requested in writing by the Client, shall be compensated on the basis.of a negotiated fee provided in an amendment to this Agreement, and in accordance with the provisions of section 1.3. CLIENT'S INITIALS LC 26000448 Page 1 of 6 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 954.766.4572 • cadence-liAwcom cadence landscape architecture I urban design I site planning I environmental graphics Article 1 Landscape Architectural Services 1.1 Standard of Care The Landscape Architectural Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 1.2 Scope of Services The scope of services to be provided by the Landscape Architect under this Agreement are described in Exhibit "A:" In describing the Scope of Services and Supplemental Services under this Contract, the parties acknowledge and agree to the following: • document deliverables will be prepared utilizing AutoCAD 2020 or newer • all drainage systems, waste water treatment and distribution, utility services and site road construction to be provided by Civil Engineer • the Client and project Architect will provide an accurate base file, current site survey, including existing vegetation and architectural floor plan data • the project Architect will be designing and documenting all canopies attached to buildings or other architectural elements integrated into the building systems • the Client will be responsible for leading and managing any building permit submittals. Cadence will provide General Contractor with all required landscape drawings for City submittal processes. • electrical engineering required for landscape related elements (such as irrigation controllers, water features, accent lighting, etc.) will be engineered and documented by the Client's selected MEP Engineer, Cadence will supply necessary power requirements to this engineer for their documentation purposes • any waterproofing systems will be designed and documented by Architect or engineer The parties acknowledge and agree that the following services are beyond the Scope of Services provided in this Contract and will not be provided by Cadence: • structural engineering drawings .for pool, walls, footers, concrete pads, etc. • mechanical, electrical or plumbing drawings • landscape and hardscape material and/or installation fees 1.3 Supplemental Services Supplemental Services are in addition to the basic Scope of Services and, when requested in writing by the Client, shall entitle the Landscape Architect to additional compensation beyond the Compensation stated above. Supplemental Services under this Agreement expressly include, but are not limited to: • scale models and renderings • special studies or reports • life cycle cost analyses • permitting services beyond those described in Scope of Services, Exhibit "A" • representing the Client at neighborhood and/or community meetings or design review hearings CLIENT'S INITIALS LC 26000448 Pace 2 of 6 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence- li\19,Zcom cadence landscape architecture I urban design I site planning I environmental graphics 1.4 Changes to Approved Services Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of Client -requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 1.5 Schedule of Performance The Client's signature on this Agreement shall be the basis for the Landscape Architect to begin providing services for the Project. The Landscape Architect shall perform the services as expeditiously as is consistent with the standard of care described in section 1.1, above. 1.6 Opinions of Probable Construction Costs Opinions of probable construction costs provided by the Landscape Architect are based on the Landscape Architect's familiarity with the landscape construction industry and are provided only to assist the Client's budget planning; such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. Article 2 Client's Responsibilities 2.1 Information The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters .for the Project. The Landscape Architect shall be entitled to rely on the accuracy and completeness of information provided by the Client. 2.2 Budget The Landscape Architect shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Landscape Architect as a part of the Scope of Services, opinions of probable construction costs are based on the Landscape Architect's familiarity with the landscape construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 2.3 Approvals The Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. CLIENT'S INITIALS LC 26000448 Page 3 of 6 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence-14Wcom cadence landscape architecture I urban design I site planning I environmental graphics 2.4 Project Permit and Review Fees The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 3 Ownership of Documents The Landscape Architect shall be deemed the author and owner of all documents and deliverables developed pursuant to this Agreement and provided to the Client by the Landscape Architect (collectively, the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Landscape Architect, the Landscape Architect grants to the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for the construction of the Project and for information and reference with respect to the use of the Project. Article 4 Landscape Architect Compensation 4.1 Compensation for the Landscape Architectural Services performed under this Agreement shall be as indicated in the Preliminary Provisions plus Reimbursable Expenses as defined below. Supplemental Services, when requested in writing by the Client, shall require additional compensation to be determined on an hourly basis or on the basis of a negotiated fee. 4.2 Reimbursable Expenses are expenditures as made by the Landscape Architect, its employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project -related expenditures. 4.3 Payments to the Landscape Architect shall be based on the Schedule of Services provided in Exhibit "B" herein, and shall include payments for Reimbursable Expenses incurred. 4.4 Payments are due and payable upon receipt from the date of the Landscape Architect's invoice. Invoiced amounts unpaid 30 days after invoice date shall be deemed overdue and shall accrue 7.5% simple interest per month. At the Landscape Architect's option, overdue payments may be grounds for termination or suspension of services. Article 5 Indemnification Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees and representatives, from and against liability for losses, damages, and expenses, including reasonable attorneys' fees, to the extent such losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event losses, damages, or expenses are caused by the CLIENT'S INITI LC 26000448 Page 4 of 6 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence-149"lcom cadence landscape architecture I urban design I site planning I environmental graphics joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. Article 6 Dispute Resolution 6.1 If a dispute arises out of or relates to this Agreement, the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions, the parties shall submit the dispute to mediation, the cost of which shall be shared equally by the parties. 6.2 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. Article 7 Termination This Agreement may be terminated by either party on seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7 -day notice period. Article 8 Other Terms and Conditions 8.1 Plant Material Landscape Architect will exercise reasonable judgment based on their skills and experience as Landscape Architects to select plant material that is appropriate for the location. Plants are living organisms which are meant to grow and evolve over time. In order for the proposed plant material to establish and thrive within their new environment, all plants shall be of acceptable industry standards, adhere to the provided planting specifications, and be appropriately installed. Proper and routine maintenance shall be ensured by the Client in order for plants to survive and reach the maximum growing potential. A recommended maintenance best practices manual can be shared upon request. 8.2 Force Majeure Either party, as applicable, shall be relieved of its obligations hereunder in the event and to the extent that performance hereunder is delayed or prevented by any cause beyond its control and not caused by the party claiming relief hereunder, including, without limitation, acts of God, public enemies, war, insurrection, acts or orders of governmental authorities, fire, flood, explosion, or the recovery from such cause ("Force Majeure"). The parties agree to make all reasonable efforts to mitigate the delays and damages of Force Majeure. CLIENT'S INITIALS LC 26000448 Page 5 of 6 435 N Andrews Ave No. 2 Fort Lauderdale, FL 33301 • 954.766.4572 • cadence-l4WOM cadence landscape architecture I urban design I site planning I environmental graphics 8.3 Assignment Neither party shall assign their interest in this Agreement without the express written consent of the other, except as to the assignment of proceeds. 8.4 Governing Law The law in effect at the Landscape Architect's principal place of business shall govern this Agreement. 8.5 Complete Agreement .This Agreement represents the entire understanding between the Client and the Landscape Architect and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s) signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein. This Agreement may be amended only in a writing signed by both the Client and the Landscape Architect. Exhibits The following Exhibits are incorporated in and made a part of this Agreement: "A" Scope of Services "B" Landscape Architect's Schedule of Services "C" Landscape Architect's Hourly Compensation Rates Schedule "D" Limit of Work Site Plan Landscape Architect March 16, 2021 ADENCE COL ECTIV , LL DATE Client PELICAN ISLAND AUDUBON SOCIETY DATE This agreement is based on the American Society of Landscape Architects (ASLA) standard short form contract. CLIENT'S INITIAL LC 26000448 Page 6 of 6 435 N Andrews Ave No. 2 Fort Lauderdale,,FL 33301 • 954.766.4572 • cadence-lilwom 4f+ -M 40 r ,{12 jj{ { iii a r•� 6 { _ .e J•�C�1�i}���li r�. +��El.t a'F{� 1r r 1e fir. r � • • f I r .... r/ i •� 4 � h, i 'Wnit • f � e — = a CN • �, Il �' A fi _ r3 • Y. 00 L 40 uj Y' • • r <} tf ,i • .{ X F � t at. !! • e 'E / •x 4A }f N' .p Yf i Af ;� < Zt t -f • ..� • � f � a � _nJx Nr, V b u' May 10, 2021 Indian River County Board of County Commissioners 180127th St. Vero Beach, FL 32960 Dear Commissioners: The Indian River Neighborhood enthusiastically endorses Pelican Island Audubon's plan to install native gardens at the Building A entrance of the County Administration Building. Pelican Island Audubon will provide the funds for a professional landscape architect as well as the plants. Water conservation and reducing pollution of the Indian River Lagoon are missions of our organization. The use of native plants in our landscape as a substitute for grass lawns helps to accomplish both of these missions. Sincerely, po,,C;Z�� Dan Lamson, Executive Director Indian River Neighborhood Association 198 Officers Tim Glover President Buzz Herrmann Vice President Terry Greene Treasurer Carol Lynn Peterson Secretary Directors Tom Bauer Diana Bolton Mark Bondy Julia Held Bruce Sabol Bob Stephen Bruce Zingman Founding Member Frank DeJoia 1924-2017 Directors Emeriti Bill Brennan Lynn Stieglitz Frank Wegel P.O. Box 284 Roseland, FL 32957-0284 772-202-0501 Est. 1989 www.fssr.org info@fssr.org v May 11, 2021 Indian River County Board of Commissioners 180127' Street Vero Beach, Florida 32960 Dear Commissioners: The Friends of St. Sebastian River fully supports the Pelican Island Audubon Society's initiative to plant two native gardens at the entrance to the Indian River County Administration Building A, to demonstrate to the public the beauty and value of native plants in our environment, as a model for everyone's public and private spaces. We consider one of the largest parts of our mission is educating the public about issues having to do with the health of our environment throughout the watershed of the St. Sebastian River. This includes helping everyone understand the beauty of our natural environment and the benefits of using native plants in their gardening, or restoring natural habitat that requires less cultivation and use of chemicals that ultimately impact our waterways and the Indian River Lagoon. We thank you for your consideration of this project by Pelican Island Audubon to help support efforts in improving everyone's appreciation for the use of native plants in our environment. Sincerely, Tim Glover, President Friends of St. Sebastian River From: Peggy Gahn <zipperjdw@comcast.net> Sent: Tuesday, May 11, 20218:41 PM To: Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Joe Earman <jearman@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com> Cc: canoesrusl@gmail.com Subject: Planting of native plants at entrance of building A CAUTION: This message is from an external source. Please use caution whenopening attachments or clicking links. Good evening to all our County Commissioners; We at the Garden Club of Indian River County fully support pelican Island Audubon's exciting new initiative to plant two native gardens at the entrance to the Indian River County Administrative Building A to demonstrate to the public he beauty and value of native plants in our environment, a model for everyone's public and private spaces. Pelican Island Audubon will provide the funds for a professional landscape architect as well as the plants. The objective of these gardens is to demonstrate how native plants can be attractive to the public and a way to reduce harmful chemical into our lagoon. Peggy A. Gahn, President Garden Club of Indian River County 2526 17th Avenue„ Vero Beach, FI 32960 200 V§y AIK, . s'R a >y We humans are turning our Earth into a lifeless Mars! Replacing turf with native plants and trees will give us a healthy Lagoon and clean waters. Indian River Board of County Commissions Meeting May 18, 2021 We only occupy 10% of the Earth, Yet We are badly contaminating and altering the whole planet. • Our North and South Poles are melting • Our treasure coast shores have risen 8" since 1880. • Our waters are being polluted (Lake O has 500 sq. miles of cyanobacteria —deadly to humans and causal for ALS, z Alzheimer's, and _ Parkinson's) - { 14.E.1. 5/18/21 We sit and Wonder Why The Seagrasses, Pelicans, Dolphins & Manatees Die? No seagrasses- Losing 1 Football Field every 30 min! 724 manatee deaths since January 2021. David Attenborough: "The problems that await the world in the next 5-10 years due to climate change are much greater than the Corona virus." • Developments replace trees, plants & seagrasses that produce the oxygen we breathe. • Fish kills have awakened us to our Lagoon problems 14.E.1. 5/18/21 Z�v 2 14.E.1. 5/18/21 3 In 2005 American Lawns covered 63,000 square miles of U.S. = Size of Texas • Most irrigated grown Crop in U.S. • 3X more than corn! • No one eats it! • Primaryt�, .. 71� purpose?t Makes.us look and feel good?! The Staggering Wastefulness of the American Lawn • 2 Billion gal. Gas for Lawn Equipment • 41 Billion lbs. CO2 Emitted from Blowers & Mowers • 13 Billion lbs., Toxic & Carcinogenic Air Pollutants • 100 Million lbs. Pernicious Lawn t Chemicals & &X Fertilizers �F • 800 Million gals. Gas mm for Lawn Equipment • $45 Billion Lawn Care Y' e 14.E.1. 5/18/21 2oo-4 Requires more than just rainfall • 9 Billions gallons of U.S. water per day • 200 gallons /day/person Need to stop! for our survival! It's Cheaper to Pay people not to have a lawn!!! Alachua County does pay folks to get rid of their lawns 'Save waterAdd Platits WELCOME to TURF SWAP: Alachua County has received grant funds to reduce outdoor water use in existing landscapes. You may be eligible for a 50% rebate up to $2,000 to make irrigation system efficiency improvements and to SWAP out a portion of your irrigated turf with water -conserving Florida Friendly Landscaping TM The program ends 2/1/2022 or until funds are depleted. 14. E.1 5/18/21. 2()D- 5 14. E.1. 5/18/21 Turf SWAP 2020/2021 • $100,000 Grant from SRWMD —50% rebate up to $1,500 • About' -to get $50,000 more Target higher water users 4 Require irrigation Tune Ups to improve water savings Why Natives don't require as much water! County & homeowners save money!! - Non -Natives Kaes Hwa ... ,.�.. .Getting �^% �.nhF ` F Ariendees- to the r'��N ems. �- Root Off «ri o JA Exhibitors 1r^pit i i� 1 tG M�sa9es � Problem Midwest aE501lRCE5 (sorry j 1 oJf ,1 t Leadadroard• '/lj f lS Session OM County & homeowners save money!! NAVIGATION Home - 5 Agenda Attendees oG community Q a sponsors M Fxhibitots - M Messages 1 In Photos RESOURCES Leaderboard • Session O&A ALACHUA COUNTY FERTILIZER CODE (CHAPTER 77 ARTICLE 4) • Fertilizer with phosphorus is What 411. only allowed if a soil or tissuestarts test verifies a need • Fertilizer with nitrogen is only HEW BAN all FERVILIZER allowed March - June andJULY - FEBRUARY must have at least 50% slow-release nitrogen 14.E.1. 5/18/21 200-7 Why is this Happening? • Do we have enough regulations to protect us and our environment? • We are issuing permits all the time to develop. • What can each of us do to stop this degradation of our planet & our county? • Our project before you is just one attempt to demonstrate how to preserve our county. Why Plant Native Trees and Plants? Human Well-being: • Provide food and shelter and shade. • Kids play outside more—less ADHD, asthma, obesity, • Harmful sun exposure. • Know your neighbors, get exercise, better health. • Produces oxygen & _ eliminates CO2. • 50% less crime i • Reduces noise pollution & reduces speeding. 14.E.1. 5/18/21 2-00, 8 Economic Benefits: • Property values 5-20% higher. • Save 60% in asphalt -maintenance costs over 30 years. • Customers stay longer, increase property values and increase worker satisfaction. • Cut cooling costs 30-50%. • Cools parking„ �•'. lots, cars, rooftops_ and cities. , • Slows evaporation and runoff • Save much water. P N�4 i 3 R �Ith, in itiding thO L 4 +r t sit a filter 'oil, chemi ,` cid gas' nic ri*'fix ill ! u rye u 14.E.1. 5/18/21 2w— 9 Why are we losing our seagrasses? Fertilizers, paint, medicines, & pesticides from lawns, septic tanks, broken sewage pipes entering as wastewater, reclaimed water, & stormwater. We in our county can work together on these issues. Let's make our Kt yards into rt National Parks Let's TRANSFORM our County! PIAS Goal: Plant 100,000 native plants next 10-15 years to save Birds, Us, and Earth. Progress: Distributed over 7,656 native plants -2,572 trees of 9 species and 5,084 native plants 30 species. AA planted a native garden USFWS office in Vero 14. E.1. 5/18/21 2CD- 10 * w &1A.& EVERY DREAM HAS A PRICE, INC. Our 1st trees planted in Gifford -Julianne Price .:t i TROUBLE IN PARADISE IDASW TEREM KV ?101t10A'S WATER SUPREY' WROP, APRIL 22ND 2021V L ^ter W AeI.�.W rlAiln+Yw���yyyE c 6..n SEBASTIAN n chem lake � BOARD } 4k 0 Aw 14.E.1. 5/18/21 20-11 Provided Native Plants to : • County Parks e.g. Jones' Pier, South ORCA, • Pelican Island National Wildlife Refuge, • Vero Beach, Sebastian, Fellsmere City Halls, • Gifford History Museum and Cultural Center, • Sebastian's Garden Club Park,,' • Sebastian Inlet E ' State Park, y a • HOAs & private homes ,. Native Public Demonstration Garden at the Admin Building A Entrance. In November you provided great suggestions & we had discussions with Staff • Audubon will provide all the funds for the protect • Rich Szpyrka suggested two sites • Selected one of best professional landscape architect, Stephanie Dunn, Senior Designer, Cadence, Ft. Lauderdale • You & staff will be able to review plans before planting • Public Works will maintain garden after established. 14.E.1. 5/18/21, 2OD - 12 This demonstrates a beginning: not replace all we have paved over, but we can save: • Irrigation, • Water, • Fertilizer, • CO2 from mowers, • Bring back wildlife to our living areas. Let's educate the public: how to be a part of nature and save Ourselves. Planting natives can help tackle all these problems. Let's Save Indian River County for Future Generations! 14.E.1. 5/18/21 2, OD' 13 Thank you for supporting our Trees for Life/Plants for Birds! 14.E.1. 5/18/21 LX " 14 1-81 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: April 30, 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: CCNA-2018 Work Order No. 12 to Geosyntec for One Year of Groundwater Monitoring/ Reporting and Related Consulting Services at the Former South Gifford Road Landfill Descriptions and Conditions: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and the Solid Waste Disposal District (SWDD) are proactively taking efforts to remediate the site. FDEP requires submittal of the first 2021 semi-annual groundwater monitoring report no later than July 31, 2021 (to. document results of the summer 2021 sampling event), and the second 2021 semi-annual groundwater monitoring report no later than February 28, 2022 (to document results of the winter 2021 sampling event). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Accordingly, staff requested the attached proposal from Geosyntec to provide groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation.. Analysis: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network and preparation of an annual pollution remediation liabilities evaluation. Geosy.ntec's proposal consists of five main tasks as follows: Task Description: Budget Task 1: Project Management $ 5,745 Task 2: Meetings/Regulatory Interaction $ 6,794 Task 3: Annual Pollution Remediation Liabilities Evaluation $ 3,640 Task 4: Semi -Annual Sampling Activities $ 50,976 Task 5: Data Evaluation and Semi -Annual Reporting $ 17,184 Total $ 84,339 Task 1 includes project planning and management responsibilities. Task 2 includes meeting attendance and interaction with regulatory agencies. Task 3 includes preparation of the annual environmental liability 201 SWDD Agenda - Geosyntec WO CCNA -2018 -WO No. 12 Page 1 of 2 SWDD'Item evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 4 includes field preparation, groundwater sampling, and water level measurements during two groundwater monitoring events. Task 5 includes data evaluation and semi-annual reporting. Funding: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the Optional Sales Tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description IAccount Number Amount Optional Sales Tax Fund —Landfill Groundwater Testing 1 31521734-033490-03004 $ 84,339 Recommendation: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign CCNA-2018 Work Order No. 12 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former South Gifford Road Landfill in compliance with the Florida Department of Environmental Protection requirements for a period of one year, with a not to exceed fee of $84,339. Attachment: 1. Geosyntec CCNA2018 WO No. 12 202 SWDD Agenda - Geosyntec WO CCNA -2018 -WO No. 12 Page 2 of 2 CCNA2018 WORK ORDER 12 SOUTH GIFFORD ROAD LANDFILL This Work Order Number 12 is entered into as of this _ day of May, 2021, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 A. (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement 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 OF INDIAN RIVER COUNTY By: Q!�a 4. A By: Chairman Print Name: Joseph Applegate Title: Senior Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney. 203 EXHIBIT A PROFESSIONAL SERVICES engineers I scientists I innovators 204 Geosyntec consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 27 April 2021 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, as well as related consulting services to prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit A) as Work Order No. CCNA-2018 WO No. 12 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work,.a budget estimate, and a discussion of the schedule for accomplishment of the work described herein: Uncertainty as a result of the COVID-19 pandemic is impacting operations in every aspect of our economy. In this proposal, we have presented Geosyntec's anticipated budget and schedule for the scope of work described. As circumstances change, we may need to adjust how and when the scope is delivered, as well as any other impacts to the budget and schedule. In the event that a change is required, we will discuss the situation with you so we can reach a mutually acceptable solution. engineers I scientists I innovators 205 Geosptec consultants PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi- annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed and agreed to in concept by the FDEP in correspondence dated 2 August 2006. In response to FDEP's request and supported by groundwater monitoring results, Geosyntec conducted an injection event in 2017 [Remedial Action Plan Modification Addendum No. 3 (RAPM 3)] to remediate recalcitrant CVOC groundwater impacts in the former source area. Semi-annual performance monitoring associated with bioremediation implementation was conducted from 2017 to 2020 at monitoring wells GR-MW30B and GR-MW37B and six additional monitoring well locations for analysis of CVOCs, dissolved gases, TOC, and/or microbial populations (Dhc and vcrA). In April 2021, FDEP approved to discontinue performance monitoring at GR-MW30B and GR-MW3713, discontinue analysis of dissolved .gases, TOC, and microbial populations (Dhc and vcrA) at six additional monitoring well locations, and discontinue CVOC sample collection at five monitoring well locations where CVOCs had not been detected for at least three consecutive sampling events. Semi-annual groundwater monitoring for CVOCs only at 42 monitoring well locations will be conducted in 2021, as well as semi-annual reporting. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 — Project Management; • Task 2 — Meetings/Regulatory Interaction; • Task 3 — Annual Pollution Remediation Liabilities Evaluation; • Task 4 — Semi -Annual Sampling Activities; and • Task 5 — Data Evaluation and Semi -Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. engineers I scientists I innovators 206 Geosyntec consultants Task 1 — Proiect Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes five hours per sampling/reporting event and one hour per month for the project manager (22 hours total), one hour for the senior principal - in -charge, and one hour per month (12 hours total) for the administrative assistant. Task 2 - Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting will be by video or conference call. Also, under this task, four hours has been included for the senior principal -in -charge to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Task 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards. Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including South Gifford Road Closed Landfill (4701 41St Street) and Former Premier Citrus Property (375 82°a Street). In addition, two hours have been included for a Florida registered professional engineer to conduct an independent review of the liability evaluation. Task 4 — Semi -Annual Sampling Activities: Under this task, Geosyntec will perform 2021 field activities related to the performance monitoring and plume groundwater monitoring. The semi-annual activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, and notifying FDEP and Vero Beach Municipal Airport of the field schedule. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring well network. Sampling activities in 2021 will be completed with a combination of PDB samplers and traditional low -flow sampling techniques and will transition to PDB samplers only in 2022. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Groundwater sampling activities will be executed using a two -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPS). The proposed summer 2021 field event (tentatively scheduled for June) will include sampling of nine monitoring wells (seven wells using PDBs and two wells with traditional sampling techniques). The summer 2021 field event is budgeted to include one-half day for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of one and one-half [1.5] field days each with two persons). The proposed winter 2021 field event engineers I scientists I innovators 207 Geosyntec consultants (tentatively scheduled for December) will include sampling of 42 monitoring wells (all using PDBs). The winter 2021 field event is budgeted to include a total of two and one-half. (2.5) days (with two persons) for groundwater sampling activities and PDB deployment for the summer 2022 field event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the 2020 Annual Groundwater Monitoring Report. Quality control samples are proposed to be collected at a rate of 5% of total samples as required by the most recent FDEP SOPS. Geosyntec will conduct a complete round of groundwater level measurements concurrent with each semi-annual groundwater sampling event (budgeted for one day with two -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 95 wells per event). Due to wet site conditions and difficult access to certain well clusters, costs for rental of a utility task vehicle are included for one day of groundwater level measurements and one day of sampling per event (4 total days). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in 55 -gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for purchase of one 55 -gallon polyethylene drum and for one-half day of drum disposal oversight for one person. During the monitoring well inventory during the winter 2020 field event, Geosyntec personnel observed damage to one monitoring well, GR-MW06C, and maintenance activities are necessary to replace one bollard and repair the above ground polyvinyl chloride (PVC) well casing which needs to . be reattached to the aboveground portion of the well casing. Geosyntec will provide oversight for a subcontractor to make the repairs. Costs are included for one day of oversite (with one person) and for subcontractor costs. A Florida -licensed surveyor will survey the repaired monitoring well and monitoring well GR-MW37B, installed in 2017. Overall, for field activities, budget has been included for seven and one-half field days for one person, six field days for a second person, (i.e., 13.5 man days), mobilization time for field personnel, and associated field expenses for sampling. Task 5 — Data Evaluation and Semi -Annual Reporting: Under this task, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of one summer 2021 report (simplified format) and one winter 2021 report for submittal to FDEP. The summer 2021 report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the summer 2021 report 208 engineers I scientists I innovators Geosyntec consultants will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report is due to FDEP by 31 July 2021. The winter 2021 report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. The winter 2021 annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, quantitative statistical evaluation, and other applicable materials. As part of the statistical analysis, trend analysis graphs showing temporal concentrations of constituents and a summary of the Mann -Kendall statistics will be included to identify increasing, decreasing, or no trends in groundwater constituent concentrations. Historical data summaries will be included for monitoring wells recommended for removal from the monitoring plan. The draft summer and winter 2021 reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final report will be signed and sealed by a Florida registered professional engineer or geologist. SCHEDULE The semi-annual groundwater sampling events will be tentatively conducted in June and December 2021 as described herein. Reports will be submitted to FDEP to meet required deadlines. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 5 of this proposal is summarized in the following table, and a detailed budget estimate is provided as. Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Due .to reduction in the number of monitoring wells in the FDEP-approved sampling plan, discontinuation of certain laboratory analyses, and sampling only with PDBs versus traditional purging methods, the overall professional service hours were reduced by 10%. engineers I scientists I innovators 209 Task 1 — Project.Management Task 2 — Meetings/Regulatory Interaction Task 3 — Annual Pollution Remediation Liabilities Evaluation Task 4 — Semi -Annual Sampling Activities Task 5 — Data Evaluation .and Semi -Annual Reporting TOTAL CLOSURE Geosptec consultants $5,745 $6,794 $3,640 $50,976 $17,184 $84,339 Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization. Please call Crystal Towns at 850.483.5102 with questions you may have as you review this proposal. Sincerely, 6 �a Crystal Towns, P.G. Geologist �4 4. Ar,p Joseph Applegate, P.G. Senior Principal Geologist Attachments engineers I scientists I innovators 210 Table 1 APRIL 2021 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 1: Proiect Management ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $260 1 $260 Project Professional hr $203 22 $4,466 Subtotal Professional Services $4,726 B. Technical/Administrative Services Project Administrator hr 1 $71 1 12 $852 Subtotal Technical/Administrative Services $852 C. Reimbursables Communications Fee 3% labor 0.03 5,578 $167 Subtotal Reimbursables $167 TOTAL ESTIMATED BUDGET: TASK 1 $5.745 211 Table 2 APRIL 2021 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 2: Meetines/Reeulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $260 16 $4,160 Project Professional hr $203 12 $2,436 Subtotal Professional Services $6,596 C. Reimbursables Communications Fee 3% labor 0.03 1 6,596 $198 Subtotal Reimbursables $198 TOTAL ESTIMATED BUDGET: TASK 2 $6.794 212 Table 3 APRIL 2021 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 3: Annual Pollution Remediation Liabilities Evaluation ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $260 4 $1,040 Project Professional hr $203 4 $812 Senior Staff Professional hr $154 10 $1,540 Subtotal Professional Services $3,392 B. Technical/Administrative Services Project Administrator hr 1 $71 1 2 $142 Subtotal Technical/Administrative Services $142 C. Reimbursables Communications Fee 3% labor 0.03 1 3,534 $106 Subtotal Reimbursables $106 TOTAL ESTIMATED BUDGET: TASK 3 $3.640 213 Table 4 APRIL 2021 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 4: Semi -Annual Samnlinv Activities ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $260 4 $1,040 Project Professional hr $203 14 $2,842 Senior Staff Professional hr $154 112 $17,248 Staff Professional hr $132 92 $12,144 Subtotal Professional Services $33,274 B. Technical/Administrative Services Project Administrator hr 1 $71 1 2 $142 Subtotal Technical/Administrative Services $142 C. Subcontractors Monitoring Well Repair quote $1,342 1 $1,342 Monitoring Well Survey quote $1,278 1 $1,278 Drum Transport/Disposal each $276 1 $276 Laboratory Analysis for VOCs each $64 54 $3,456 Subtotal Subcontractor Services $6,352 D. Reimbursables Communications Fee 3% labor 0.03 $33,416 $1,002 Miscellaneous Supplies day $50 10 $500 PDBs for Winter 2021 event (includes shipping) quote $32 42 $1,344 PDBs for Summer 2022 event (includes shipping) quote $32 9 $288 Drum for Purge Water each $50 1 $50 Lodging - Summer (6), Winter (8), Well Repair (1) day $164 1 16 $2,624 Per Diem - Summer (6), Winter (8), IDW (1), Well Repair (1) day $55 15 $825 Utility Task Vehicle Rental day $209 4 $836 Field Vehicle - Summer (6), Winter (8), IDW (1), Well Repair (l) day $80 16 $1,280 Overnight Cooler -Test America each $95 3 $285 Groundwater Sampling Kit (per sampler) day $300 6 $1,800 Water Level Measurement Kit (2 person team) day 1 $60 1 2 $120 PDB Deployment Kit day $100 2 $200 Equipment Shipping each $54 1 $54 Subtotal Reimbursables $11,208 TOTAL ESTIMATED BUDGET: TASK 4 $50,976 Notes: 1. Lodging rates were taken from the GSA website for the Vero Beach area (https:Hwww.gsa.gov/travel/plan-book/per-diem-rates/). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (pH, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and miscellaneous field supplies. 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. 214 Table 5 APRIL 2021 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 5: Data Evaluation and Semi -Annual Reporting ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services _ Senior Principal hr $260 5 $1,300 Project Professional hr $203 38 $7,714 Senior Staff Professional hr $154 32 $4,928 Subtotal Professional Services $13,942 B. Technical/Administrative Services Designer hr $143 16 $2,288 Clerical hr $55 4 $220 Subtotal Technical/Administrative Services $2,508 C. Reimbursables Communications Fee 3% labor 0.03 $16,450 $494 Specialized Computer Applications hr $15 16 $240 Subtotal Reimbursables $734 TOTAL ESTIMATED BUDGET: TASK 5 $17,184 215 J�� Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 11, 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: Amendment No. 2 to Landfill Gas Agreement with Indian River Eco District, LLC Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. The SWDD Board agreed that the landfill -generated gas, which is currently being flared off, posed a potential health and safety risk and that it could be better used for other purposes rather than flaring. On July 16, 2019, the SWDD Board approved the Landfill Gas Agreement with IRED wherein they purchase the LFG for the production of electricity and/or conversion to Renewable Natural Gas (RNG). The initial term of the LFG agreement is for 20 years following the LFG commencement date, and there are two consecutive 10 -year renewal terms included in the agreement. The original LFG commencement date was one year from the effective date of the agreement (July 16, 2019), or July 15, 2020. Otherwise, SWDD can issue a written notice to IRED electing to terminate the agreement within six months unless force majeure events, or the acts or omission of SWDD, allow for a cure. If IRED is able to commence within the six months cure period, then the agreement does not terminate. IRED submitted a request for an, extension of the LFG commencement date from July 15, 2020, to September 30, 2021, based on their desire to pursue a RNG project. Recognizing that an RNG project could generate substantially more income for SWDD (for the sale of its landfill gas) than the originally planned project for producing electricity from the LFG, the SWDD Board approved IRED's request to extend the LFG commencement date to September 30, 2021, as well as to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date. This was authorized on July 14, 2020, as Amendment No. 1 to the Landfill Gas Agreement. On January 13, 2021, IRED submitted a letter requesting an additional extension in time for the LFG commencement date to start June 30, 2022. In the letter, IRED expressed that they have made progress on the RNG project; however, Covid-19 continued to play a part in reducing the project efficiency and that social distancing requirements imposed on their European manufacturer, who is a world -leader in gas conditioning equipment for RNG projects, has resulted in delay to the forecast for delivery of project equipment. 216 On January 19, 2021, staff held an internal meeting with our consultant, Tetra Tech, to discuss IRED's request and subsequently held meetings with IRED on February 18, 2021, and February 24, 2021. During these meetings, IRED openly expressed a concern regarding the recent significant reductions in the volumes of landfill gas and notified staff that their RNG facility would not be economically viable unless it could receive a minimum of 1,150 standard cubic feet per minute (SCFM) of landfill gas. In an effort to ensure the success of the RNG facility, IRED also expressed a desire to amend additional terms of the LFG agreement to include mutual targets to optimize the quantity and quality of the landfill gas to the financial benefit of both parties. They also requested that the LFG commencement date be 18 months from the effective date of the amendment to the LFG agreement. Subsequently, they requested that it be 15 months from when the landfill can achieve at least 900 SCFM for at least seven. days. Currently, we are at approximately 500 SCFM. On March 2, 2021, IRED provided the first draft of the Amendment No. 2 to the Landfill Gas Agreement, which staff met to review on March 3 and 4, 2021. Based on staff input, IRED provided an updated draft on April 5, 2021, which, after thorough review, staff responded to on May 7, 2021. IRED provided a response on May 10, 2021. Both parties have negotiated in good faith to present the attached Amendment No. 2 to the Landfill Gas Agreement for approval by the SWDD Board. Analysis: The attached Amendment No. 2 to the Landfill Gas Agreement has been prepared with the acknowledgment that the overall success of the RNG project is contingent upon both SWDD and IRED working together to ensure that the target goals for the quantity and quality of the landfill gas are optimized to the financial benefit of both parties. The request by IRED for an extension of the LFG commencement date is supported by staff with the understanding that there were unforeseeable delays due to Covid-19. The following summarizes the key elements of the Amendment No. 2 to the Landfill Gas Agreement: Definitions: Certain definitions were clarified and others added to avoid future misinterpretation of the agreement. Term: The initial term for this project is 20 years from the commencement date with two (2) optional ten-year renewal terms upon mutual agreement to extend the term. The commencement date is 18 -months from the effective date, which is now the date of approval of the Amendment No. 2 to the Landfill Gas Agreement by the SWDD Board, or 15 months from the date when the landfill achieves an average flow rate of 900 SCFM for at least seven days. In essence, this is an updated 20 -year initial term with a "new effective date". The allowance of the three-month cure period remains. 217 Milestones: IRED has agreed to the following milestones and the associated penalties if such milestones are not met: Milestone Due Date Penalty 12% 6 months of $5,000 per 1. Submit Air Permit 5% Effective Date month 2. Proof of Contracts for Compressors, gas 8 months $ per conditioning system and nitrogen rejection Effective Date month unit 15 months of $5,000 perations 3. Groundbreaking of found Effective Date month Future Expansions: SWDD would continue to fund its annual gas system escrow account as required by Florida statutes. However, IRED would be allowed the opportunity to also request and fund expansion of the SWDD's landfill gas control and collection system (LFG assets) in order to enhance the quantity or quality of the landfill gas. These requests would not be unreasonably refused, and if approved, would be funded by IRED and become .SWDD property upon completion of the improvements. Gas Target Expenditure Fund: Both parties have agreed to a matching annual funding allocation to make immediate repairs or emergency repairs to SWDD's LFG assets that inhibit the quantity or quality of the landfill gas. SWDD would include the request for such funds during the annual budget process, and if approved, IRED would match 100% up to $125,000 annually as a reimbursement grant. SWDD would follow County purchasing procedures for such repairs and invoice IRED for their share upon completion of the work. Payment: Due to the change by IRED from a power generation project to an RNG project, which is more susceptible to the quantity and quality of the landfill gas, the initial set royalty payment of 10% of the gross receipts and the royalty payment generated. by the RNG project for the sale of renewable natural gas was modified to incentivize SWDD and IRED as follows: 1) Quantity Royalty Payment: On the months where the average gas flow rate of acceptable LFG meets a certain quantity criteria, IRED shall pay SWDD a royalty payment as follows: Average Gas Flow Target Per Month % of RNG Gross Receipts >_ 1,150 scfm 12% Between 800 and 1,150 scfm 9% < than 800 scfm 5% 2) Quality Incentive Payment: On the months where the average gas flow rate is at a minimum of 1,150 scfm, IRED shall pay SWDD an additional gas quality -based incentive payment as follows: g SWDD Agenda - Amendment No. 2 to Landfill Gas Agreement with Indian River Eco District Page 3 of Average Gas Flow Target Per Month % of RNG Gross Receipts >57.01% 3.0% 54.01 to 57.0% 2.0% 51.01 to 54.0% 1.5% 48.01 to 51.0% 1.0% 45.01 to 48.0% 0.5% < 45.0% 0.0% Flow for Leachate Treatment: The original agreement contemplated the use of up to 250 scfm of LFG for the use in a potential leachate treatment project. In Amendment No. 1, this use was increased to 350 scfm; however, in Amendment No. 2, IRED has requested that the first 1,150 scfm be reserved for the viability of the RNG project in order to achieve a target annual contract quantity. Financial Analysis: In the original agreement, which was focused on a LFG to electricity project, staff had estimated revenues of $46,000 to $265,000 per year from the use of LFG based on certain assumptions. However, over a 20 - year term, factoring in a built-in annual LFG price adjustment of 2% and a gradual increase of flow from 250 SUM to 750 SUM, this was a potential of $3.2 million in revenues for SWDD. Now with IRED pursuing an LFG to RNG project, staff has estimated that the royalties above may potentially increase to SWDD from $84,000 to $1.4 million per year and over a 20 -year period, this could total $1.7 million to $27.5 million. Annual Cash Flow for Company Developed LFG to RNG System Monthly Company . Company Total Average LFG Average District Company Incentive Payment for District Flowto Methane Royalty. Royalty Paymentfor Gas Targets Monthly Total District Total District 20- Company Content Percentage Payment ($ Methane Expenditure Income Annual income Year Income from District (%} j95} per Month) Content Fund from fromCompany from Company (scfin($/Month)($/Month) Company 300 45.06% 5.00%. $ 6,988 $ $ - $ 6.988 $ 83,861 .$ 1:677,211 800 45.00% 9.00% $ 36,125 $ - $ - $ 36,125 $ 433,495 $ 8;669,892 1151 . 45.00% 1206% $ 74,249 $ 6,187 $ 1%417 $ 90.853 $ 1,090;235 $ 21,804,702 1400 45.00% 1206% $ 96,332 $ 8,028 $ 10,417 $. 114,776 $ 1,377,318 $ 27,546,355 Issues/Concerns: Overall, the project provides both an environmental and economic benefit to SWDD. However, there are a few concerns as detailed below: 1. It is incumbent on SWDD to deliver acceptable landfill gas in term of quantity and quality. This is very challenging as the production of landfill gas is dependent on a biodegradation of organics in the .landfill, which SWDD has no control in terms of the quantity or quality received in any given year. These goals place a big burden on SWDD for sufficient quality and quantity of LFG. 219 2. There would be additional operation and maintenance costs. It is estimated that this could be an additional $50,000 to $125,000 per year. 3. The expansion of the LFG well system will result in additional leachate, which will require treatment and corresponding additional treatment costs. At this time via a separate agenda item, staff is requesting approval of a leachate treatment project with IRED, which has a potential cost of $1.1 million per year to as high as $2.38 million per year over a 20 year term. Funding: No funding is requested in this agenda item, as this is a potential revenue project. However, additional funding would be needed in the future because of this agreement for infrastructure upgrades and operational costs to our LFG system to ensure reliable production and delivery of,LFG to IRED. Staff is currently assuming the need for these additional funds should be offset by the revenue generated over the life of this project. Recommendation: Staff recommends that its Board approve the Second Amendment to Landfill Gas Agreement with the Indian River Eco District, LLC and authorize the Chair to execute the amendment. Attachment: 1) Request for Extension Letter by IRED 2) Second Amendment to Landfill Gas Agreement with Indian River Eco District, LLC 220 io January 13, 2021 Indian River County Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Attn: Himanshu Mehta Dear Himanshu, We are writing you this letter to request an adjustment to the Commencement Date that was contractually agreed between Indian River Solid Waste Disposal District (SWDD) and the Indian River Eco District (IRED). In July of last year, we conveyed our plans to change the direction of our project from the previously envisioned "Landfill Gas to Power" project into a "Landfill Gas to Renewable Natural Gas (RNG)" project, and we reached agreement with SWDD to set the commencement date of the RNG project to September 30, 2021, with an allowable 3 -month additional delay if needed. As we presented to you and others from the County Administration in late December, our team has remained hard at work and made tremendous progress on our RNG project, in terms of technical designs with our engineers, agreements with major equipment suppliers, agreements with the long-term off -takers (buyers) of the Renewable Natural Gas, and with the institutional investors funding the project. Through all of our concerted efforts and communications with several state entities, we also learned that our project is currently slotted to be the very first RNG project in Florida, which we believe should be a great source of pride not just for our team but for Indian River County as a whole. As we continue to progress toward the start of construction, it is becoming apparent that despite all our best efforts, we simply are not going to be able to complete this project within the timeline that was agreed in July of last year. The fact is that we never imagined that Covid- 19 would continue to be rampant for such a long period of time. And although we're quite proud of the tremendous progress we have made, working with the various stakeholders in this project via video -conferences is simply not as efficient as being able to advance a project in a traditional office setting with normal in-person meetings. Coupled with that, we are planning to purchase the major equipment (for the RNG facility) from a major European manufacturer that happens to be the world -leader in gas conditioning equipment for RNG projects, and the social distancing requirements imposed upon their manufacturing environment is resulting in them now forecasting 12-13 month fulfilment cycles (as opposed to 6-7 month fulfillment cycle pre Covid). 221 For all of these reasons expressed above, we are requesting that we amend the agreement between SWDD and IRED, to re -set the official Commencement Date to June 30, 2022 with an additional 3 -month allowable delay. We do not believe that we will require those additional 3 months of delay, and we are strongly financially motivated to get this facility up and running as early as possible in the year 2022. So, if by chance the fulfillment timelines of our major equipment manufacturer were to be accelerated up over the course of this year, then we could certainly envision a scenario where we could be operational within Q1 or early Q2 of 2022. But we hereby respectfully request that the County Administration provide us with this additional time, so as to provide a safe and achievable timeframe so that we can deploy the capital to continue executing on our engineering, equipment procurement and construction plans without the risk of falling out of compliance with the landfill gas supply agreement. Sincerely, } Alain Castro, Managing Partner Indian River Eco District 925 74th Ave. SW Vero Beach, FL 32968 www.ir6codistdct.com Indian River Eco District 925 74th Ave. SW, Vero Beach, FL 32968 222 www.irecodistrict.com AMENDMENT NO.2 TO LANDFILL GAS AGREEMENT This Amendment No. 2 ("Amendment") to that certain Landfill Gas Agreement (the "Agreement") dated as of July 16, 2019 by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida (the "District") and the Indian River Eco District, LLC, a Texas limited liability company (the "Company") (each a "Party" and collectively the "Parties" is made and entered into as of , 2021 ("Effective Date"). WHEREAS, the Parties entered into the Agreement pursuant to which the District would sell and deliver, and Company would purchase and accept, landfill gas from the District, which Agreement was amended by the Parties as of July 1, 2020; and WHEREAS, the Parties acknowledge that the overall success of this Agreement is contingent upon both Parties working together to ensure that the target goals for the quantity and quality of landfill gas are optimized, to the financial benefit of the District and the Company; and WHEREAS, due to unforeseeable delays in conjunction with COVID-19, the Company's intent to switch from power generation to renewable natural gas, and based on discussions between the Parties, the Parties desire to amend the agreement as set forth herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Each capitalized term used, but not defined, in this Amendment shall have the meaning given it in the Agreement. ARTICLE 1 - DEFINITIONS Section 1.1 of the Agreement is amended to include and/or replace the following definitions: Acceptable Landfill Gas or "Acceptable LFG" — means Landfill Gas meeting the specifications set forth on Schedule 1 hereto. Annual LFG Quantity - means the total quantity of Acceptable LFG, measured in SCFM, delivered by the District to the Delivery Point over a given calendar year. Commercial and Environmental Improvements - means capital improvements to the District LFG Assets that are intended to increase the quantity and quality of the Acceptable LFG. Gathering Facilities — any capital improvements and equipment added by the Company to the District LFG Assets at the Delivery Point to transport reliable Acceptable LFG to the Facility for Company's benfeficial use. Facility Capacity — means the amount of Acceptable LFG that the Company is able to accept at the Delivery Point. Effective Date — means the date on which the last of the Parties has executed this Amendment. Environmental Attributes — means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the production, delivery and destruction of LFG during the Term. Environmental Attributes include but are not limited to: (1) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides 223 (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4) and other greenhouse gases; (3) displacement or avoidance of any amount of conventional gas or fossil energy generation resources; and (4) the reporting rights to these avoided emissions. Environmental Attributes include revenue from renewable identification numbers (RIN's) as defined by the Federal Renewable Fuel Standard and low carbon emission credits as may vary from state to state. Gross Receipts — means the gross receipts received by the Company or its subsidiaries during the Term from the sale of RNG from the Facility, including any Environmental Attributes net of any brokerage fees, transportation costs, sales taxes and other expenses incurred directly or indirectly by the Company and its subsidiaries in connection with such sales from the RNG facility. RNG Price - means the price for RNG and associated Environmental Attributes sold by the Company to a customer and converted into $/MMBtu units. SCF— Standard Cubic Feet. Target Annual Contract Quantity - means 604,440,000 standard cubic feet ("SCF") of Acceptable LFG delivered by the District to Company at the Delivery Point over a calendar year. ARTICLE 2 — TERM, RENEWAL AND MILESTONES Section 2.1 is amended to read as follows: 2.1. This Agreement shall take effect on the Effective Date and continue for a period of twenty (20) years following the LFG Commencement Date (the "Initial Term"), unless terminated earlier or extended as provided herein. The LFG Commencement Date shall occur on the later of the following two dates: • within eighteen (18) months of the Effective Date, or • within fifteen (15) months of the date when the Landfill achieves an average flowrate of at least 900 SCFM of Acceptable LFG, over a period of at least 1 full week (7 days), as reasonably verified by engineers providing Landfill O&M support to the District. If the LFG Commencement Date has not occured by June 30, 2023, Section 13.1 shall apply. Company shall meet the following milestones as a demonstration of their progress toward LFG Commencement Date: a) Air Permit Application Submittal to Regulatory reviewers nine (9) months before LFG Commencent Date. b) Contracts for the purchase of the following equipment: compressor(s) to inject RNG into the natural gas pipeline, Gas conditioning system; nitrogen rejection unit. Company shall provide proof of these signed contracts to the District nine (9) months before LFG Commencent Date. c) Groundbreaking for foundations shall occur four (4) months before LFG Commencent Date. 224 The above milestones shall be extended for any delays caused by the District in achieving such milestone, but only to the extent of and for the duration of any such delay. Those delays could include the issuance of any waiver, permit or approval necessary for the Company to achieve the milestone, and in the event of Force Majeure, but only to the extent of and for the duration of any delay caused by such Force Majeure event. ARTICLE 3 - THE PARTIES' LFG FACILITIES Section 3.2 of the Agreement is amended to read as follows: B. The Company shall be responsible, at its own cost, for the design, permitting, construction, installation, connection, operation, maintenance, repair, and replacement of any capital improvements and equipment required to be added to the District's existing LFG collection and flare system to (i) enable the Company to divert LFG from the District's flare and transport such gas via pipeline to the Facility, (ii) enable reliable destruction of excess LFG and/or non -Acceptable LFG simultaneous with the Company's beneficial use of Acceptable LFG and (iii) enable the reliable delivery of the Acceptable LFG for the Company's use. The exact location of the such equipment and improvements, and any other Company improvements on the District's property, including the general components of any necessary interconnection equipment and facilities (individually or collectively referred to as the "Gathering Facilities"), shall be mutually agreed upon by Company and District prior to the commencement of construction. For clarification, the Gathering Facilities do not include existing and future installed District LFG Assets (including, but not limited to the flare skid, gas extraction wells, liquids management system, air commpressors, LFG control and containment system). District shall provide the Company with the necessary access, including easements, as necessary to install, own, maintain and operate the Gathering Facilities and other LFG system equipment to be located on the District's property in order to allow the Company to perform its obligations under this Agreement. Section 3.3 of the Agreement is amended to add Sections 3.3(A), 3.3(B) and 3.3(C) to read as follows: A. Expansion of the District LFG Assets at Company's Request. Company may propose an expansion of the District LFG Assets to enable the delivery of additional available Acceptable Landfill Gas to the Delivery Point. District shall consider all such proposals from Company; provided, however, that only the District shall have the right, but have no obligation, to expand the District LFG Assets. B. Annual Escrow Fund _The District shall continue to fund its annual gas system escrow funding requirements in accordance with Florida statutes. C. Commercial and Environmental Improvements. Without limiting District's obligations under Section 3.3 (B), within ninety (90) days after the Effective Date, and every six (6) months thereafter, the Company and District shall meet to discuss and agree upon a recommended scope of Commercial and Environmental Improvement projects. The Parties shall work in good faith to reach a consensus plan. When and if an agreement 225 is reached on the scope and terms of a Commercial and Environmental Improvement project, the Company shall confirm the Parties' agreement by issuing a notice to District including the terms of the agreement of the Parties as to the Commercial and Environmental Improvement, and the Parties' proposed respective responsibilities for such improvement, which notice shall be subject to District's written acknowledgment. As of District's confirmation of the notice provided by Company, Company shall be obligated to pay for the cost of the Commercial and Environmental Improvement as reflected in the Notice. The District may elect to jointly fund some or all of the agreed Commercial and Environmental Improvement up to the amount agreed to be paid by the Company, but shall have no obligation to do so. Unless otherwise agreed, title to, and ownership of, the Commercial and Environmental Improvements shall be vested in District, and the parties shall execute such documentation as required to evidence the respective ownership of such Commercial and Environmental Improvement. ARTICLE 4 - LFG GENERAL PROVISIONS Article 4 is amended to add new Sections 4.7 and 4.8 as follows: 4.7. Gas Targets Expenditure Fund. A. Each year, the District may request that the Board of County Commissioners fund immediate repairs or improvements to specific parts of the District's LFG Assets identified by Company for inhibiting the quality or the flowrates of the LFG and emergency repairs from time to time as agreed by District ("Gas Targets Expenditure Fund"). B. If approved, the Company shall match 100% of the Gas Targets Expenditure Fund up to $125,000 as a reimbursement grant and provide proof of such matching funding in writing within 30 days. C. If Company identifies repairs or improvements to the District's LFG Assets that require immediate attention, Company shall notify District in writing of the required repairs and improvements, with supporting documentation. The Parties shall meet within ten (10) days following delivery of such notice to agree on any repairs to be made to the District's LFG Assets and the costs of such repairs. Once such expenditures are agreed, the District shall proceed with the design and, if necessary, bidding and procurement services to engage by contract a third party contractor to begin the corrective work in accordance with the County Purchasing Manual. The costs of such work shall be billed to and timely paid by the District. The Company shall reimburse the District 50% of the invoice paid by the District to the third party contractor. D. Expenditures from the Gas Targets Expenditure Fund shall be described in the Monthly LFG Statement and shall contain a description of the repair or maintenance work performed, or capital improvements made, and the cost of such work incurred in such month. E. In no event shall either Parry be responsible for funding such repairs or improvements directly in an amount that is in excess of fifty percent (50%) of the then current amount required to be in its Gas Targets Expenditure Fund. The aggregate amounts credited to the Gas Targets Expenditure Fund of both Parties shall not be required to exceed two hundred fifty thousand dollars ($250,000) in any year. F. Notwithstanding the above, Company's obligation to make payments into the Gas 226 Target Expenditure Fund shall be excused during any year in which the annual volume of Acceptable LFG Gas falls below the Target Annual Contract Quantity, provided that the Company shall have the right in its sole discretion, but not the obligation, to pay up to $125,000 into the Gas Targets Expenditure Fund in any such year. 4.8. Operations and Maintainance. The Company shall have the right to make routine O&M site visits to the Landfill upon 48-hour notice to District to inspect, maintain and repair Company LFG purchased equipment (referred to as the Gathering Facilities), which shall not be unreasonably withheld. To be clear, the District is responsible for operating and maintaining the District's LFG Assets prior to the Delivery Point and the Company's involvement with the District's LFG Assets is solely as an advisor. ARTICLE 6 - LFG QUANTITY; MEASUREMENT Article 6 of the Agreement is amended to add new Sections 6.11 to read as follows: 6.11. Notwithstanding Section 6.7 of the Agreement, and for avoidance of any doubt, the District shall have the obligation to deliver and sell, and the Company shall have the exclusive right to receive and buy, all Acceptable LFG produced from the Landfill on an annual basis until the Company has received the Target Annual Contract Quantity. ARTICLE 7 - LFG QUALITY Article 7 is amended to add a new Section 7.6 as follows: 7.6. Notwithstanding any other provision in this Agreement, the Company in its sole discretion may accept non -Acceptable LFG from the District in lieu of refusing to accept or rejecting such non -Acceptable LFG. In the event the Company in its discretion accepts such LFG, the price for such LFG shall be set at five percent (5%) of the RNG Gross Receipts. ARTICLE 8 - PRICE FOR LFG AND DISTRICT CREDITS Section 8.1(C) of the Agreement related to the "LFG Price for a Landfill Gas to RNG Facility" is amended and replaced to read as follows: The LFG Price for a Landfill Gas to RNG Facility shall be as follows: 1. On the months whereby the District provides an average gas flow greater than or equal to 1,150 scfm per month, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 12% of the Gross Receipts generated by the RNG Facility from the Acceptable LFG ("RNG Gross Receipts"). 2. On the months whereby the average gas flows are between 800 scfm and 1,150 scfm, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 9% of the RNG Gross Receipts. 3. On the months whereby the average gas flows are less than 800 scfm, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 5% of the RNG Gross Receipts. 227 Section 8.3 of the Agreement is amended to replace the incentive payments for a Landfill Gas to RNG Facility as follows: 8.3 Incentive Payment For a Landfill Gas to RNG Facility, and only on the months where a minimum of 1,150 of Acceptable LFG is delivered, Company will pay the following additional gas quality -based incentive payments to the District: Average Methane Content in the Company Used LFG Incentive Payment ( % of RNG Gross Receipts) >57.01% 3.0% 54.01 to 57.0% 2.0% 51.01 to 54.0% 1.5% 48.01 to 51.0% 1.0% 45.01 to 48.0% 0.5% < 45.0% zero ARTICLE 9 — LFG STATEMENT, INVOICE AND ANNUAL ADJUSTMENT Article 9 of the Agreement is amended to revise Section 9.4 and add Section 9.5 to read as follows: 9.4 Annual Adjustment. The annual adjustment to the LFG Price is no longer applicable to the RNG project. 9.5. Audit. The District and the Company agree to grant the District the right to audit or be provided with verification of "brokerage fees, transportation costs, sales taxes and other expenses incurred directly or indirectly by the Company and its subsidiaries" in determination of Gross Receipts. ARTICLE 13 - TERMINATION AND REMEDIES Section 13.1 of the Agreement is amended to read as follows: 13.1 Delav in Achieving LFG Commencement Date. If the LFG Commencement Date ha snot occurred as set forth in Section 2. 1, the District may issue a written notice to Company electing to terminate this Agreement three (3) months following the date such written notice is issued. If the LFG Commencement Date occurs within three (3) months after Company receives such written notice, then this Agreement will not terminate and shall continue in full force and effect. If the LFG Commencement Date does not occur within three (3) months after Company receives such written notice, then this Agreement shall 228 terminate and neither Party shall have any further rights, obligations or liabilities hereunder. A. Delay in Meeting Milestones. If milestone listed in Section 2.1 are not met by Company, then Company shall pay District as follows: i. $5,000 per month for the first milestone not achieved (prorated for a partial month) until milestone is achieved. ii. $5,000 per month for the 2nd milestone not achieved (prorated for a partial month) until milestone is achieved. iii. Options that the Parties may consider for the Yd milestone not achieved are limited to 1) $10,000 per month or 2) termination of this Agreement. B. Milestone Pats. The total amount of remedies are payable from Company to District within the first ninety (90) days after commencent of commercial operations. All other sections and contents of the Agreement shall remain the same. [Remainder of Page Intentionally Left Blank] 229 IN WITNESS WHEREOF, District and Company hereto have executed this Amendment No. 1 as of the date first written above ATTEST: Jeffrey R. Smith, Clerk of Courts And Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney INDIAN RIVER ECO DISTRICT, LLC. SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved by BCC: 230 SCHEDULEI Landfill Gas Quantity and Quality Mutual Target Specifications Constituent Units Target Annual Contract Quantity 604,440,000 standard cubic feet Minimum Methane Content >=45% Sulfur <= quarterly average of 2,000 ppmv Oxygen 02 <=2.0% Nitrogen 2 <=8.0% 231 15.B.2. 5/18/21 Site Location and Logistical Attributes 1 Located adjacent to County Landfill; gas pipeline connection fully constructed, long-term landfill gas supply agreement secured and in force. i 2 68 acres Industrial land 3 5-MUe=electrical interconnection line to regional electrical grid, fully constructed 4 14,000 square foot cold storage warehouse -5 .Fuel and Process Wateo tank storage 6 4th largest injection well in Florida ipermitted capacity= 1.27 Million gallons/day) 7 4 wet detention ponds 6 40 -person general office building with separate meeting rooms. Two fully equipped material transport Entrance/Exit gates, with truck weigh scales. 0 One-rnille direct access to Interstate 96, the major road transport artery of Florida. V. -, 1 15.B.2. 5/18/21 Description of Indian River Eco District CIRED") • Sustainable energy and industrial real estate project in Vero Beach Florida, utilizing the infrastructure that was built previously by major corporations from the fruit juice and the petrochemical industries. • Repurposing various elements of the site to deploy 6-8 different established operating businesses (tenants as well as joint venture entities). • IRED aims to become a referenceable example of the merits of the "Circular Economy' and "Industrial Symbiosis" on one industrial site. • Thus far, funded by equity capital of its founders and development team. We are a seasoned team of project developers that have previously developed and managed multi -billion -dollar portfolios of projects in the US, Europe and South America. Now harnessing our combined skills to build and demonstrate this first -of -kind sustainability project. Underlying Objectives: 1) DEMONSTRATE the financial viability and merits of the circular economy on the site of a defunct industrial facility. 2) INSPIRE other project developers to re -purpose industrial assets in a similar way, to stimulate employment and business growth inter -linked with environmental stewardship in other parts of the world. 3) Bea positive STEWARD within the COMMUNITY. Inyui Risa Em.0 i7rta Industrial Symbiosis; the Mission of the Indian River Eco District 2 -2 P 2 15.6.2. / Company Activity On IRED Site Notes / Status 1. Landfill Gas to RNG Purchasing long -lead time items by Q3 2021, to start operations 2022. 2. Industrial -scale production ® Attracted a nationally recognized best -in -class, private -equity backed industrial compost producerto Vero Beach. organic compost: Operator is the first industrial producer of organic soil in the county; fully operational on the IRED site, producing 100,000 tons of organic soil for sale locally. { Attracted the best -in -class supplier (Heartland) of sustainable leachate treatment solutions to Vero Beach. 3. Leachate Treatment Services IRED & Heartland equipment partner operated a successful 1000 gallon/day pilot system in Jan 2020. • Ready to finance, install and operate a 30,000 gpd system on the IRC SWDD site. 4. Liquid Waste Processing 1.27 Million gallon/day injection well, ready for operation. (injection well) Permitted for stormwater and citrus process water. • Currently providing liquid waste disposal services to customers. IRED team currently in negotiations with a long-term tenant; expecting 5. Cold storage 't. to close lease in summer and commence operations in Q3/Q4 2021. Current Arrangement for managing Landfill Gas & Leachate UNTREATED LANDFILL GAS In3a. Ris m-usr�x 5/18/21 Z:J 1 - 3 Vision for Future Arrangement for managing Landfill Gas & Leachate 1150 scfm LANDFILL GAS w RNG 15.6.2. 5/18/21 Vision for Future Arrangement for managing Landfill Gas & Leachate M 0 Figure 1. LFG Recovery Projection - Indian River County Landfill 3,000 90 £ 2,500 80 a 70 According to SCS Engineers - a 2,000 60 e (recognized • • . 1,730 m 3 50 f engineering • • . 1,500 1 s ; this landfill can produceN a 237 40 S � enough LFG to satisfy the 1,000 30 E E E RNG facility • the Leachate 20 500 .Treatment facility. 10 0- 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 —Recovery Potential —Recovery from Existing/Planned System • Actual LFG Recovery 2�1- 4 15.B.2. 5/18/21 RNG Project -Core Project Pillars Project Ready for Financing and Construction ... ... ... • • • III III III III Long -Term Gas Firm Engineering, Long -Term Long -Term Gas Off - Supply Agreement Construction & Transportation Take and Transport Procurement Solution (incl. confirmation of (EPC) Agreement minimal Volume & with qualified (Pipeline or Virtual- Long -Term Off - Quantity) engineering partner Pipeline; Take of RINs On -Site Storage) e RNG Project -Milestone Status Project Milestones LFG Study Status Complete Preliminary Design Complete Major Equipment Proposals Complete EPC Cost Estimate Complete EPC Contract Draft Final Contract will be drafted at FID Preliminary Interconnection Study Complete Permitting In Process LFG Supply Contract Complete Requiring Adjustments Offtake Term Sheets Complete Offtake Contracts Firm Term sheets in place (IRED making decision on off -taker to advance to contracts) Select Project Investors Complete Investor Due Diligence Final Stage Financial Investment Decision (FID) Final Stage 'M.' Ri c Ea.o� 231- 5 Leachate Project 1. Indian River County Landfill ("IRC') is sending 20,000 gpd on average to the County Sewage Treatment Plant ("STP"). 2. IRC leachate is causing issues at the STP primarily around nutrient loading (ammonia/nitrogen) and color; secondary issues may include COD, BOD: 3. A highly successful Heartland Evaporator pilot was completed in iQ20 showing that the Heartland Concentrator could achieve exceedingly high concentration of the IRC Leachate (98%+). The pilot results were independently validated by third -party engineers. 4. A commercial and technical evaluation was completed for a Heartland Concentrator solution to be sited, owned and operated by the Indian River Eco -District ("IRED"). It was completed assuming the use of landfill gas (LFG) as a thermal energy source for evaporation. 15.B.2. 5/18/21 Leachate Project -Proposed Solution: 30, 000 GPD Wastewater Evaporator on Landfill Site io 6 IMLI F��w EmAere s� 1` x I ndian River Eco -District _ 7777 'Zw .; � _ � % � fir, �0> yb " \ , •` ' '�:'f 1 (- yi�. : r' jo Thank you! ' Alain Castro F" Managing Partner email: t ' 16-63 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 11, 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: Request for Approval of a Leachate Treatment Project at the IRC Landfill Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) operates the Class 1 Landfill, which generates "leachate", a liquid that passes through the waste in the landfill and is collected by the leachate collection system at the bottom of the landfill. The IRC Department of Utility Services (IRCDUS) also operates a Residual Dewatering Facility (RDF) that generates "centrate", which is liquid generated through the dewatering of biosolids. Both the leachate and the centrate are combined and transmitted via a force main to the West Regional Wastewater Treatment Facility (WRWWTF) for treatment and disposal. Based on the review of historical flows, the landfill generates an estimated leachate flow of 16,000 gallons per day (gpd) and a peak daily flow of 20,000 gpd based on substantial fluctuation on the leachate generated due to varying climatic and operational conditions at the landfill. The WRWWTF has stringent permit conditions set forth by the Florida Department of Environmental Protection (FDEP) for both the influent and the effluent managed by the facility. The IRCDUS also has industrial pretreatment standards, referenced in Section 201.68 of the Code of Indian River County, that are not being met by the leachate. Historical data show that arsenic (As), total nitrogen (TN) and total dissolved solids (TDS) exceed the specified local limits. The discharge of concentrated leachate from the landfill gas wells has caused concerns with meeting the FDEP permit conditions at the WRWWTF, and therefore, the IRCDUS has not allowed this material to be sent to the WRWWTF. This concentrated leachate has been allowed to remain in the landfill since October 2020, which is reducing the quantity of landfill gas removed and potentially creating a condition for seepage of leachate from the landfill. Both SWDD and IRCDUS have been exploring alternative treatment options for leachate for the past few years. In July 2019, the SWDD Board approved staff recommendation to further evaluate thermal evaporation technology as a potential solution for leachate treatment via a pilot study. In January 2020, a five-day pilot study was performed by the Indian River Eco -District, LLC (IRED) using the 1,000 gpd Heartland ConcentratorTm unit provided by Heartland Water Technology, Inc (Heartland). The pilot was successful in demonstrating that a volume reduction of 98% was achieved and the laboratory analytical results indicated that the mulch -stabilized residuals passed both the paint filter liquids test as well as the toxicity characteristics leachate procedure (TCLP) criteria to be classified as non -hazardous and could potentially be landfilled in a Class I solid waste landfill in Florida. On May 19, 2020, the SWDD Board waived the bid 232 requirements and directed staff to negotiate with IRED and Heartland for a short-term and long-term leachate treatment solution, and bring back both choices with a clear recommendation for a path forward. The purpose of this agenda item is to direct staff to negotiate with IRED/Heartland in good faith the terms and conditions of a service agreement to design, build; install and operate a 30,000 gpd leachate evaporation plant featuring a Heartland ConcentratorT` system to be located at the IRC Landfill, that will be used to treat all of IRC's Class I landfill leachate during a period of at least twenty (20) years under the terms of a service agreement with SWDD. Staff has a separate agenda item for the approval of engineering and permitting services to Geosyntec that are associated with the leachate treatment project. Analysis: Per SWDD Board direction, staff held several meetings with IRED/Heartland to discuss both short- and long-term solutions for leachate treatment, including providing more updated flow records and updated laboratory sampling results. On February 15, 2021, [RED/Heartland presented a short-term solution (six to nine months) entailing the temporary installation and operation of a 12,000 gpd leachate treatment system, which would be powered by natural gas rather than landfill gas. This proposal was priced at an initial setup cost of $60,000, mobilization cost of $17,600, and a monthly operations fee of $55,000. This proposal did not include engineering/permitting, natural gas consumption, electric/water usage, disposal, and miscellaneous costs. Staff estimated that this short-term project had a monthly cost of $100,000, or an annual cost of $1.2 million. IRED/Heartland did provide an option to purchase a separate flare, which would utilize landfill gas and save on natural gas costs; however, this was a one- time cost of $168,000 and would require additional costs to bring the landfill gas to the location of the system on-site. Based on the high treatment cost of approximately $0.27 cents per gallon, staff requested another proposal from IRED/Heartland. On March 2, 2021, and then again with an updated version on March 23, 2021 and May 5, 2021, followed by a final version on May 11, 2021, Heartland and its partners, Proximo Energy and IRED (collectively "Developers"), submitted a proposal to design, build, install, and operate a 30,000 gpd leachate evaporation plant featuring a Heartland ConcentratorTrm system to be located at the IRC Landfill, that will be used to treat all of IRC's Class I landfill leachate during a period of at least twenty (20) years under the terms of a service agreement with SWDD. This was a turnkey proposal wherein the Developers would also construct the piping required to move the landfill gas to the evaporation plant. The following summarizes the key elements of the Leachate Treatment proposal by the Developers: Term: The term for this project is 20 years from the start of the commercial operations with the ownership of the evaporator facility and all related equipment to be transferred to SWDD for $1. Treatment: Minimum of 18,000 gpd to a maximum of 30,000 gpd. Using the minimum capacity, the Developers have guaranteed the treatment of at least 6.57 million gallons of leachate per year. The Heartland ConcentratorTm system can treat up to 95%, however, both parties to set desired leachate evaporation rates, i.e. 92%-98%. Schedule: To be installed by end of 2021. 233 Fuel Source: Initially use landfill gas until the [RED renewable natural gas (RNG) facility is on- line, wherein the first 1,150 standard cubic feet per minute (scfm) of landfill gas will be directed to the RNG facility. During this time, SWDD is required to provide natural gas unless additional gas can be produced from the landfill. A possible source of methane gas to evaluate in the future is the biogas that is currently being treated by an odor control system for the RDF. Location: The leachate treatment system will be located near the Residual Dewatering Facility due to the central receiving of leachate and the proximity to natural gas along 74th Avenue SW. In addition, based on confirmatory due diligence, the Developers have requested to use the empty 500,000 -gallon liquid storage tank at the RDF to provide volume buffer for leachate evaporation. Permitting: SWDD would be responsible to obtain permits for the leachate project and the approval to recirculate the residual back into the landfill. The Developers would be responsible for operating the system in compliance with the required permits. Inputs: SWDD is responsible for leasing and providing access to the site to the Developers. SWDD is also to provide for the costs associated with natural gas, electricity, water, and residue disposal. Without natural gas, staff has estimated this cost to be in the range of $6,400 to $13,200 per month. The natural gas cost is estimated to be in the range of $38,000 to $63,000 per month. Payment: The Developers have presented a one-time payment of $300,000 for the initial setup and commission fee, and then either a fixed minimum monthly payment of $75,000 or a normal volumetric processing fee based on a tiered rate proposal as follows: 234 PricingIii Landfill Natural Gas Electricity Tiers Capacity (a, b) Gas (d) lel (per gallon) (scfm) (scfm) (mWhr/yr) 1 Up to 18,000 gpd $0.1390 346 149 415 2 18,001 gpd to 24,000 gpd $0.1321 461 199 553 3 1 24,001 gpd to 30,000 gpd 1 $0.1250 579 249 691 (a) The proposal provides these volume requirements on a quarterly basis to allow for variability in daily flows; however, they are presented in gallons per day in this table for simplicity. (b) The base minimum capacity of 18,000 gpd is used to establish a minimum monthly fee of $75,000. In the case whereby the volumes of leachate generated by the landfill are substantially lower than usual, the minimal monthly fee will be charged instead of the normal processing fees resulting from the number of gallons processed. During normal operating months when the normal processing fees exceed the minimum monthly fee, solely the normal processing fees will apply. The proposal provides for quarterly and annual "true -up" credit such that price paid is adjusted to account for total volumes treated. (c) The lower pricing of Tiers 2 and 3 do not apply to lower volumes. For example, for a treatment of 20,000 gpd, the first 18,000 gpd is charged at $0.1390 per gallon, and the remaining 2,000 gpd is charged at a rate of $0.1321 per gallon. (d) At a methane content of 45%. (e) mWhr/yr is megawatts per hour per year. 234 SWDD Item Annual Adjustment: The annual pricing will be adjusted based on annual inflation adjustments tied to an industrial or consumer price index to be agreed upon by SWDD and Developers. Financial Analysis: The turnkey proposal to treat leachate by the Developers has an overall cost of $26 million with an average of $0.14 cents per gallon over the 20 year period. Based on making certain assumptions on the generation of leachate over the next 20 years, including achieving the minimum of 18,000 gpd leachate volume and based on estimated costs for natural gas, electricity, water, residual disposal, permitting, emissions monitoring, etc., staff estimates that the total project has a cost range of $991,000 per year to start and a high of $2.38 million per year with a present day 20 -year project cost of $40.8 million. If this were a standalone project wherein we were to utilize landfill gas for the duration of the project, the total average price per gallon for leachate treatment is $0.15 cents per gallon; however, factoring in the cost for natural gas results in the total average price of $0.22 cents per gallon. Although, there are less expensive alternatives available such as disposing the leachate in a nearby injection well as is the practice in several other counties (examples: St. Lucie, Brevard, Palm Beach, and Okeechobee), the SWDD Board denied staff recommendation, on January 22, 2019, to pursue research into deep well alternatives. If the SWDD Board were to reconsider this option, the closest injection well to the IRC landfill resides at IRED, approximately 1/2 mile from our site. Based on an estimate from IRED, if SWDD were to pre -treat the leachate to remove the solids and then send the leachate via a new force main to IRED, they could accept the leachate for disposal at a rate of $0.12 cents per gallon, which may SWDD Agenda - Approval of Leachate Treatment Project at IRC Landfill Page2m IRED-P-N Using landfill Gas and Natural Gas) Date Average Total Quarterly Dally Gallons Gallons Total Quarterly IRED,-H Costs ' Total Annual Total Annual Monthly Total Monthly IRED•P-H Costs from IRE Utilities Cost IRED-P-H Cort P H lsl Price per Gallon of Mouthy Total Other Total Other Natural Gas Price per Total Annual Annual Cost Cost Gallon Total Annual Costs Price per Gallon Initial Setup & Commissioning Fee $ 300000 I 300,000 2022 1., 18,000 1,642,500 $ 228,308 5 76,103 S 913,230 $ 0.14 $ 6,421 S - S 77,046 $ 0.01 S 990,276 $ 0.15 20231N 18,000 1,642,500 $ 228,308 S 76,103 $ 456,615 $ 0.141 5 6,421 S $ 38,523 S 0.01 S 495,138 S 0.15 202314 18,000 1,642,500 $ 228,308 S 76,103 $ 456,615 $ 0.14 $ 6,421 $ 38,367 $ 268,725 5 0.08 S 725,340 $ 0.22 2024 20,000 1,825,000 S 252,416 5 84,139 $ 1,009,663 5 0.14 $ 8,301 $ 42,630 S 611,167 S 0.08 5 1,620,830 $ 0.22 2025 20,000 1,825,000 S 252,416 S 84,139 S 1,009,663 S 0.14 5 8,301 $ 42,630 $ 611,167 $ 0.08 $ 1,620,830 $ 0.22 2026 . 20 000 1,82.5,00D 5 752,416 $ 84,139 $ 1,009,663 $ 0.14 5 8,301 $ 42,630 $ 611,267 $ 0.08 $ 1,620,830 $ 0.22 2027 20,000 1,825000 $ 84139 $ 1009663 0.14 $ 8301 $ 42,630 $ 611167 $ 0.08 S 1,620830 $ 0.22 202$ 25,000 2,281,250 $ 104013 $ 1248154 $ 0.14 $ 10751 $ 51,793 $ 750525 $ 0.08 $ 1998.679 $ 0.22 2029 25000 281250 9 $ 104013 $ 1248,154 $ 0.14 $ 10751 $ S1793 S 750,525 $ 0.08 $ 1,998,679 $ 0.22 2030 25,000 2,281,250 VS25Z416 9 104,013 S 1248,154 S 0.14 $ 10,751 $ 51,793 $ 750525 $ 0.08 $ 1,998,679 $ 0.22 2031 25,000 2,281,250 9 $ 104,013 $ 1,248,154 $ 0.14 $ 10,751 $ 51,793 S 750,525 $ 0.08 S 1,998,679 $ 0.22 2032 30,000 2737500 $ 123 023 $ 1,476,279 $ 0.13 $ 13201 $ 6 152 $ 904230 $ 0.08 $ 2,380,509 S 0.22 2033 30,000 2,737,500 $ 123 023 $ 1476279 $ 0.13 $ 13,201 $ 62,152 $ 904230 $ 0.08 $ 2,380509 $ 0.22 2034 30,000 2,737 500 $ 123,023 5 1,476,279 $ 0.13 $ 13,201 $ 62,152 $ 904,230 $ 0.08 $ 21380,509 $ 0.22 2035 30,000 2,737,500 $ 369,070 $ 123,023 $ 1,476,279 $ 0.13 S 13,201 $ 62,152 $ 904,230 $ 0.08 $ 2,380,509 S 0.22 2036 30,000 2,737 500 $ 369,070 $ 123,023 $ 1,476,279 $ 0.13 S 13,201 5 62,152 S 904,230 5 0.08 $ 2,380,509 S 0.22 2037 1 30,000 2,737,500 $ 369,070 S 123,023 $ 1,476,279 $ 0.131 5 13,201 S 62,152 $ 904,230 $ 0.081 $ 2,380,509 $ 0.22 2038 30,000 2,737,500 5 369070 $ 123013 $ 1.476,279 $ 0.13 $ 13,201 S 62,152 $ 904,230 0081S 2,380,509 $ 0.22 2039 30 000 2737 500 $ 369 070 $ 123 023 $ 1476 279 0.13 S 13 201 S 62 152 $ 904 230 $ 0.08 2,38D,509 $ 0.22 2040 30,000 2,737,500 S 369,0701 $ 123,023 $ 1,476,279 S 0.13 S 13 201 $ 62,152 S 904,230$ 0.08 $ 2,380,509 S 0.22 2041 30,000 1 2,737,500 1 $ 369,0701 S 123,023 $ 1,476,279 $ 0.131 S 13,201 S 62,152 $ 9D4,2301 $ 0.081S 2,380,509 S 0.22 1 1 i $ 25,92Q518 $ 0.14 $ 14,873,358 I S 0.08 r S 40,793,876 $ 0.21 (1) - Costs for gallon of leachate treated have been calculated on a quarterly basis based on a proposal prepared by Heartland Water Technology, Inc. a no 1% partners dated 11 May 2021. (2) - Cost of udlltles are assumed Mill be purchased. m Include: cost of fuel, electricity, water and disposal costs. For the first 18 months, costs of fuel are assumed to be covered by landfill gas at no cost. Afterwards, It Is assumed that natural gas (a I -12 months of treatment using landfill Gas. (b) - 6 months of treatment using landfill Gas. IU .6 months of treatment using Natural Gas. Although, there are less expensive alternatives available such as disposing the leachate in a nearby injection well as is the practice in several other counties (examples: St. Lucie, Brevard, Palm Beach, and Okeechobee), the SWDD Board denied staff recommendation, on January 22, 2019, to pursue research into deep well alternatives. If the SWDD Board were to reconsider this option, the closest injection well to the IRC landfill resides at IRED, approximately 1/2 mile from our site. Based on an estimate from IRED, if SWDD were to pre -treat the leachate to remove the solids and then send the leachate via a new force main to IRED, they could accept the leachate for disposal at a rate of $0.12 cents per gallon, which may SWDD Agenda - Approval of Leachate Treatment Project at IRC Landfill Page2m be approximately $200,000 per year lower than the equivalent cost for treating 18,000 gallons per day of leachate through an evaporation system. However, the costs for the removal of the solids and the leachate force main to IRED have not yet been determined. Beyond disposing the leachate in an injection well, the IRC landfill has evaluated other viable alternatives and technologies, but believes the timeframe to deploy them and the complexity of adding multiple treatment options together would likely make them ineffective. These other options would only partially treat the leachate, and then it would subsequently still have to be sent to the WRWWTF for final .treatment and disposal. The thermal treatment approach recommended by staff would eliminate the need to send any leachate (treated or untreated) to the WRWWTF. The one long-term concern is the disposal of residual waste into the landfill, as Indian River County does not have direct prior experience with how this residual material (post thermal treatment) would go down and/or when it would show up back again in the leachate. That said, there are other counties in Florida as well as throughout the country that have been re -disposing their reduced residual waste back into their landfill for decades, and it has become a generally accepted practice. There may be options to encapsulate the residual waste; however, this is something that would have to be explored later to determine the efficacy and the costs for this approach. Therefore, staff recommends that the SWDD Board approve this final long-term leachate treatment proposal from the Developers and direct staff to negotiate the terms and conditions of an agreement, which will be brought to the Board for approval at a future meeting. Staff recommends that if staff is not successful in negotiating a final agreement with the Developers that we proceed in issuing a Request for Proposal (RFP) for a leachate treatment project. Funding: This project is not expected to start until Fiscal Year 2021/22. Funding for the SWDD Leachate Treatment will be budgeted and available in the Landfill account in the SWDD. Landfill Fund, which is funded from SWDD assessments and user fees, in the amount of $1,100,000 in Fiscal Year 2021/22. Description Account Number IAmount Other Contractual Services 41121734-033490 $1,100,000 Although the RNG project by IRED is still in the design phase, it is expected to generate approximately $21.5 million in revenue over in the same time -period as the leachate treatment project. If this is actualized, then potentially 53% of the leachate treatment costs could be covered by the RNG project. 236 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Direct staff to reconsider obtaining firm pricing from the Indian River Eco District, LLC for a deep well injection option for the disposal of leachate; or b) Direct staff to finalize a contract for a leachate treatment project between Indian River County SWDD and the developers, consisting of Heartland Water Technology, Inc., Proximo Energy, and Indian River Eco District, LLC, to be approved by the SWDD Board at a future meeting. c) Staff recommends, if staff is not successful in negotiating a final agreement with the Developers within 60 days, that we proceed in issuing a Request for Proposal (RFP) for a leachate treatment project. Attachment (s): Leachate Treatment Proposal 237 i�J HEARTLAND WATER TECHNOLOGY Proposal for Installation and Long -Term Operation of a 30,000 gallon per day Leachate Treatment Services Facilityat the Indian River County Landfill General Scope of Proposal: Heartland Water Technology, Inc. and its partners, Proximo Energy and The Indian River Eco District propose to Design, Build, Install and Operate a 30,000 Gallon per Day leachate evaporation plant featuring a Heartland ConcentratorTM system to be located at the Indian River County Landfill, that will be used to treat all of Indian River County's leachate during a period of at least Twenty (20) years under the terms of a service agreement with the Indian River County Solid Waste Disposal District. Date: May 10, 2021 Budgetary Proposal Number: 5 238 Revision History HEARTLAND WATER TECHNOLOGY REVISION NUMBER PAGE NUMBER REVISIONS DATE NAME 1.0.0 Various Original Draft 03/01/2021 Proximo, Heartland & IRED 2.0.0 Various Service provider assumes 03/23/2021 Proximo, Heartland & greater scope of work (site IRED prep and earthwork 3.0.0 Various Extend term to 20 years 04/26/2021 Proximo, Heartland & IRED 4.0.0 Annex G Removed Annex; will 05/04/2021 Proximo, Heartland & (Terms and establish detailed terms & IRED Conditions) conditions at contractual phase. 5.0.0 Page 9 Provided volume -based 05/10/2021 Proximo, Heartland & (Economics) pricing tiers based on IRED months, quarters and full year periods. 239 2 Table of Contents Contents 'HEARTLAND WATER TECHwNOLOCY 1 Revision History...........................................................................................................................2 2 Table of Contents...................................:......................................................................................3 3 Project Background and Proposed Service...................................................................................4 4 Key Objectives and Parameters of Long -Term Solution.............................................................. 6 5 Economics.....................................................................................................................................9 6. Contact Information....................................................................................................................10 Annex A: About Indian River Eco District and Proximo Energy .................................................... l l Annex B: About Heartland Water Technology................................................................................13 Annex C: Process Flow Diagram.....................................................................................................16 Annex D: General Arrangement of the Proposed Facility...............................................................17 Annex E: Planned Location of System............................................................................................19 Annex F: Division of Roles / Responsibilities.................................................................................20 240 3 Project Background and Proposed Service WATER TECt 4'VOLOGY • Indian River County ("IRC') Solid Waste Disposal District ("SINDD") is currently sending 20,000 gallons per day of its leachate from its landfill to the West RegionalWastewater Treatment Facility ("WRWWTF') which is operated by the IRC Departmentof Utility Services ("IRCDUS'). • As the landfill continues to expand, its current Operations & Maintenance engineers suggest that the daily leachate volumes could increase by over 50% over the next 10 years. • SWDD's current leachate volumes are causing issues at the WRWWTF, primarily around nutrient loading (ammonia/nitrogen) and color; secondary issues may include COD, BOD. The IRCDUS has also indicated a desire for SWDD's leachate to meet County Ordinance Chapter 201, Part III Industrial Pre -Treatment Standards. Furthermore, SWDD wishes to reduce or eliminate its reliance on off-site transportation,treatment and disposal of its leachate at WRWWTF and proactively address regulatory headwinds limiting certain effluent discharges at the WRWWTF. In the first quarter of 2020, the IRED installed and operated a successful leachate treatment pilot using a Heartland Pilot Concentrator to treat 1,000 GPD of the leachate down to 98% of its original inlet volume. The pilot results were independently validated by third -party engineers. • Based on the positive outcome of the pilot, the IRC SWDD Board subsequently voted in support of working with the Developers to install and operate a larger -capacity leachate evaporator system at the IRC Landfill on a long-term basis. • Heartland Water Technology, Inc. ("Heartland') and its partners, Proximo Energy ("Proximo") and The Indian River Eco District ("IRED") (collectively, the "Developers") contemplate the development by a special purpose vehicle (the "SPV'), to be formed by the Developers, of a 30,000 Gallon per Day ("GPD") leachate evaporation plant featuring a Type 3 LM -HTO Heartland Concentrator T11 system, with a rated processing capacity of up to 30,000 GPD (the "Evaporation Plant") to be located at the IRC Landfill. The Developers propose, under by and through the SPV, to install and operate the Evaporation Plant on the IRC Landfill property and to incorporate into the functioning of the Evaporation Plant IRC's existing leachate storage 500,000 -gallon storage tank (to the extent it is useable); this on-site location will also reduce the cost of transporting the IRC Landfill's leachate as well as the cost of transporting/disposing the treated leachate residual. 241 HFARTL ND WATER TECKNOLOCY • The Developers propose that IRC SWDD enter into a long-term service contract (the "Leachate Treatment Service Agreement', or hereafter, the "Services Agreement') with the SPV for leachate treatment services to be performed by the SPV and/or its subcontractor(s) at the Evaporation Plant. The terms and conditions of the Services Agreement shall be based upon this Commercial Proposal for Installation and Operation of Long -Term Leachate Treatment System, including Annexes A — F (the "Proposal'). 242 Key Objectives and Parameters of Long -Term Solution HEARTLAND WATER TECHIIOLOCY� At this point in the project lifecycle, the Developers understand the treatment objectives to be as follows: • Provide a reliable solution that can be installed in the short-term, and scale with IRC SWDD in long-term - IRC SWDD requires a solution that can be installed and operable by the end of 2021. Over the next 25-30 years, the IRC SWDD plans to continue adding more wells to the landfill as it continues to accumulate an increasing volume of solid waste. The leachate pumps installed at each new well, as well as those operating on the existing wells, are expected to generate an increase in the daily leachate volumesat the IRC landfill over the next several decades. The operating leachate treatment facility should have sufficient capacity to scale up and evaporate an ever-increasing volume of leachate as the IRC landfill continues to grow over time. - If this Proposal is approved, the Developers will form the SPV which will then proceed to finance and purchase and install a new Concentrator system from Heartland and will endeavor to have the system operating on the IRC Landfill site concurrent with IRC SWDD obtaining the necessary permits to operate and the completion of the site works. • Duration The operating term of the Evaporation Plant under the Services Agreement will be 20 years from the time of start of commercial operations. At the end of the Term, the IRC SWDD will have an option to acquire the underlying facility and continue operating it for years thereafter. e Volume reduction target - While the pilot proved the ability of the Heartland Concentrator to concentrate the IRC SWDD's leachate up to 95%, the volume reduction of targets for this long-term solution will be set by the Parties including IRC SWDD based on desired leachate processing rates. For example, a 95% volume reduction target on 15,000 gallons per day of leachate would yield 750 gallons of residual to return to the landfill. • Flexibility of Thermal Energy Fuel Source To provide additional process flexibility, Heartland's Concentrator system will be designed to utilize the thermal energy generated by an enclosed flare with a dual - fuel burner configuration', allowing it to operate on 100% natural gas, or 100% raw landfill gas (LFG) or a combination of both simultaneously. The enclosed flare and dual -fuel burner represent a significant additional cost to the overall project capital investment. However, the fuel source optionality and the opportunity for cost savings through the ability to switch from Nat Gas to LFG when available, justify the additional upfront investment. Furthermore, the flare configuration can include a decoupling of LFG management from wastewater management, such that the flare can continue to operate during periods of Concentrator downtime. This means that no additional equipment (i.e., a candlestick flare) should be required. 243 FILAKILAND Vl TEP TE?1-FNOLOCY — The Heartland Concentrator will operate on Landfill Gas up until the time which the landfill gas gets allocated to the Renewable Natural Gas (RNG) project currently in development at IRED.. — Once the RNG facility is operational, the first 1150 scfm of landfill gas will be directed to the RNG project. If there is insufficient LFG remaining to fully support the Evaporator Plant, then the Evaporator Plant will be supplied with supplemental Natural Gas by IRC SWDD. — IRC SWDD will always, at their sole discretion, have the ability to send all.of their LFG to the RNG plant and supply Natural Gas to the Evaporator Plant, should this be in IRC SWDD's economic interest. • Disposal of Residual Following Evaporation — Residual from the Evaporator Plant will be stored in lined roll -off boxes (within scope of work of Developer). From time -to -time, as the roll -off boxes fill, IRC .SWDD (and its logistics partners on the landfill site) will empty the roll -off boxes back into the landfill. • Location of System — The Developers propose to install the Evaporation Plant on the east side of the IRC Landfill property, directly beside the current IRCDUS Bio -solids treatment facility (see Annex D). • Requirements of Lender to the Developers/SPV - Access to the site once this Proposal is accepted for the purposes of conducting a third -party environmental assessment and feasibility study of the Project. In addition, the lender will require step- in rights under the Lease and the Services Agreement in the event of an uncured default of the SPV's obligations to the lender. Use of Liquid Storage Capacity — In order to operate the Evaporation Plant more efficiently,the Developers propose to utilize the existing 500,000 liquid storage tank on the IRC landfill property as a volume buffer tank for the raw leachate. The plan to use this tank will be subject to. confirmatory due diligence prior to execution of the Services Agreement to confirm that it conforms to required specifications. • Permitting — As the facility will reside on the landfill property, IRC SWDD will be responsible for obtaining and maintaining all necessary permits required for installation and operation of the leachate treatment facility on the landfill site. IRC SWDD will also be responsible for ongoingpermit compliance, during the operational term of the facility. Developer will be responsible for operating the system in compliance with the required permits. • Supply of Required Inputs — As more fully described in Annex F, the SPV will be responsible for installing a turnkey Evaporation Plant including the Heartland Concentrator System, balance of plant equipment (including the piping required to move the landfill gas to the Evaporation Plant), site works construction and a residual management System. IRC SWDD will be responsible throughout the term of the Treatment Contract, for (i) providing the site for the Evaporation Plant and access to 244 HEARTLAND WATER YEChteNOL-00Y . the Evaporation Plant in the form of a lease (the "Lease") for the Evaporator Plant parcel (for de minimis rent) including an easement for access to such parcel, (ii) providing leachate transport from all of the wells, to the 500,000 gallon storage tank located at the east side of the landfill property (or other storage tank(s) provided by the SPV if the existing tank is not useable); (iii) providing, at IRC SWDD's cost and expense, required quantities of landfill gas, natural gas, electricity and service water to be used to operate the Evaporation Plant, and service water and (iv) removal of all residual collected at the Evaporation Plant. 245 Commercial Proposal for Installation and Operation of a Long -Term Leachate Treatment System 5 Economics HEARTLAND WATER TECHNOLOGY Isr The SPV will finance, design, build, install and operate the Evaporation Plant. Under the Services Agreement, the SPV will bear responsibility to treat all of the leachate from the IRC Landfill for a period of twenty (20) years, and will guarantee the treatment of at least 6.57 million gallons of leachate per year. IRC SWDD will pay the following to the SPV for such leachate treatment services: 000 Gallon per Day Leachate Evaporation Term 20 -years beginning at Plant Commissioning Initial Set-up Fee $300,000 (one-time payment) Minimum Monthly Feet $75,000 / month Volume -Based Tiers3 Gallons per Month Gallons per Quarter Gallons per Year Gallons per da d Tier 1: 0 to 18,000 gpd < 547,500 < 1,642,500 < 6,570,000 Tier 2: 18,001-24,000gpd 547,530-730,000 1,642,591-2,190,000 6,570,365-8,760,000 Tier 3: 24,001 M12,000 d 730,030— 912,500 2,190,001 - 2,737,500 8,760,365 — 10,950t 000 Normal Processing Fees, Tier 1: $.1390/gal Tier Pricing4 Tier 2: $.1321/gal ($/gal treated) Tier 3: $.1250/gal Electricity: 78 kW Utilities Landfill Gas Natural Gas Draw, 1,800 kWh/da Tier 1: Up to 346 scfm @ 45% CH4 Up to 149 scfm Up to 415 mWhr/yr Tier 2: Up to 461 scfm @ 45% CH4 Up to 199 scfm Up to 553 mWhr/yr Tier 3: Up to 579 scfm @ 45% CH4 Up to 249 scfm Up to 691 mWhr/yr Excluded from Pricing Permitting, Emissions Monitoring, Site Safety Equipment Utility Supply (LFG/ Nat Gas, Electricity, Service Water), Disposal of Residual into landfill 2 In the case whereby the volumes of leachate generated by the landfill are substantially lower than usual, the Minimal Monthly Fee will be charged instead of the normal processing fees resulting from the number of gallons processed. During normal operating months when the normal processing fees exceed the Minimum Monthly Fee, solely the normal processing fees will apply. 3 Invoices will be submitted to the District on a monthly basis, applying the "Gallons per Month" Tier parameter that is applicable for the volumes processed during each month. However, at the conclusion of each 3 -month period (Quarter) and each 12 -month (Calendar Year), the SPV will offer a "true -up" credit based on the total volumes processed during the entire quarter (and .entire previous year). Specifically, in cases where the Quarterly or the Annual volumes achieve levels that are aligned with pricing reductions (i.e. Tier 2 or Tier 3) as compared to the Tiers that were applied for previous monthly invoices, the SPV will calculate the appropriate "true -up" and apply it as a credit toward the next invoice / billing period. 4 The annual pricing will be subject to annual inflation -adjustments, per an Industrial or Consumer Price Index to be agreed between the Developer with the District. The pricing of Tiers 2 and 3 do not apply to the volumes processed under the lower -volume Tiers (example: a month operating at a volume of 2,000,000 gallons would result in the Tier 1 price applied to the first 1,642,000 gallons plus the Tier 2 price applied to the remaining 358,000 gallons). 2469 6. Contact Information HEARTLAND WATER TEC NOL -00Y . Nom. On behalf of the teams from the Developers, we wish to thank the IRC SWDD for its consideration of this Proposal. If the services and economic terms described herein are acceptable, please indicate the approval by the IRC County Board. The Developers will then work directly with the County Administration t(Y establish the 20 -year Service Contract. We look forward to continuing to earn recognition locally, as an excellent neighbor and an exemplary "steward" of the Indian River County business community. Please direct all questions and comments regarding this Proposal to: Alain Castro Managing Partner Indian River Eco District LLC Proximo Energy LLC Tel: 312-767-7723 email: acastro@irecodistrict.com Earl Jones Chief Executive Officer Heartland Water Technology Tel: 978-549-8444 Email: ejones@heartlandtech.com 247 %a 6..J Q Op v w +t - �Z y LLI i� M3 M O LL t U O a) m 0 U N p O U W N c (a c O c O cu U O ^Q D) LL U 4= a) Y M O w ` o .� O (J) N EEp53 a? a) W ) c,E� a) <na)� O 'o c U O O a) O > .O UU a) O a) as N a)H.0 -a O O -a a) Ecm cu U is a) a) CD cca E >� > _ O m X .V O O -O > ` 0 -o = a) "- �m MQ E a) Eo cm c 0— r_ O C m m •— C -O � c�c*- co Ncu CU cn a) .� O. a) O N c N > a) -O O� N C a) O Q CL O Cl) Cl) O N Q c -0 c CU a- E'er 4-- 0 O N O >� Aa) W c c a) O O U c Ern Q -ca O E O Q U p N N N c 0 a O (n m a.' E N c .- I— E -0 co ao N 9 O _a O O U N a) C N O C 750 O L E N Q. 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The Indian River County Landfill produces an average flow of 16,000 gallons per day to 20,000 gallons of peak flow per day: 251- 1 15. B.3. 5/18/21 Treatment Challenges and New Regulations Historical practice of sending all of the leachate to the County's West ,Regional Waste Water Treatment Facility (WRWWTF) for over 20 years. The WRWWTF has stringent influent and effluent permit conditions by the Florida Department of Environmental Protection (FDEP) as well as /,the Utilities Department has local industrial pre-treatment standards. w Permitting Challenges w Higher Costs for Operations & Maintenance w The landfill leachate is not meeting the local standards for arsenic, total nitrogen and total dissolved solids. w New Regulations — PFAS — "Forever Chemicals" Possible Solutions: w Off -Site Treatment Deep Well Injection Evaluate Pre -Treatment Options: ■ Biological • Preferable for removal of nitrogen and phosphorus • Limited removal of arsenic; not applicable for salinity removal ■ Membrane technology (NF or RO) • Maybe required to meet TDS limits • Costly (capital AND O&M) • —20% reject water (high concentration brine — difficult to manage) Leachate Evaporation ■ Chemistry doesn't really matter ■ No discharge and no permit limits ■ Different configurations and systems available 26�-2 15. B.3. Leachate Evaporation Pilot Study — January 2020 by Indian River Eco District (IRED) and Heartland Technologies Operational for a total of approximately 95 ■, hours over the 5 -day trial period the system was operating 99% of the time 5,000 gallons of landfill leachate was processed during the pilot study Approximately 87 gallons of concentrated residuals were generated w >98% cumulative volume reduction was achieved during the pilot trial - Mulch -stabilized residuals passed both the Paint Filter Liquids Test as well as the TCLP criteria and disposed in the Class I Landfill - It was estimated that the total cost would be approximately 10 cents per gallon. On May 19, 2020, the SWDD Board waived the bid requirements and directed staff to negotiate with IRED and Heartland for a short-term and long-term leachate treatment solution, and bring back both choices with a clear recommendation for a path forward. Short Term Solution: On February 5, 2021, IRED / Heartland presented a short- term'solution of a 12,000 gpd system powered by Natural Gas for a duration of 6 to 9 months. ■ $60,000 Initial Setup Cost / ■ 17,600 Mobilization f/ ■ $55,000 Monthly Operational Cost r ■ Did not include engineering/ permitting, natural gas consumption, electric/water usage, residue disposal and miscellaneous cost. ■ Staff estimated this short-term solution had a monthly cost of $100,000 or an annual cost of $1.2 million. ■ For the estimated volume, the project cost was approximately 27 cents per gallon. 5/18/21 251- 3 15.6.3. 5/18/21 Long Term Solution: After several versions and discussion, IRED / Heartland /Proximo presented a long-term solution of a 30,000 gpd system powered initially by Landfill Gas and then by Natural Gas. 20 year turn -key project with ownership transferred to SWDD ■ Minimum of 18,000 gpd to a maximum of 30,000 gpd capacity ■ ,$300,000 Initial Setup and Commission Fee Staff estimated this long-term solution had an initial monthly cost of $76,000 or an annual cost of $913,230. This would increase to approximately $123,000 monthly or $1.5 million over a 20 year period or an average of 14 cents per gallon. ■ Did not include engineering / permitting, natural gas consumption, electric/water usage, residue disposal and miscellaneous cost. ■ Staff estimated this long-term solution had a total initial monthly cost of $82,500 or an annual cost of $990,000. This would increase to approximately $200,000 monthly or $2.4 million over a 20 year period or an average of 21 cents per gallon. Other Alternatives Staff did an informal survey of surrounding landfills and their leachate disposal solutions. Some of them send their leachate by force main or trucking to a local wastewater plant. ■ Some send to a deep injection well. Staff requested informal information from IRED about their deep injection well % Their well is over 3,000 feet deep. ■ They currently accept citrus liquids for disposal. ■ They are not permitted for leachate disposal; however, are open to consider it. ■ They provided an approximate pricing of 12 cents per gallon; however, the leachate would have to be pre-treated to remove solids and then a new force main would need to be installed from our facility to theirs. These costs would increase the overall costs to SWDD. - A price was received from an Industrial Wastewater Treatment facility in Tampa, FL ■ Disposal cost of 10 cents per gallon ■ Transportation cost of 11 cents per gallon 151 - 4 Recommendation Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: Direct staff to reconsider obtaining firm pricing from the Indian River ;Eco District, LLC for a deep well injection option for the disposal of leachate; or D'rect staff to finalize a contract for a leachate treatment project etween Indian River County SWDD and the developers, consisting of Heartland Water Technology, Inc., Proximo Energy, and Indian River Eco District, LLC, to be approved by the SWDD Board at a future meeting. Staff recommends, if staff is not successful in negotiating a final agreement with the Developers within 60 days, that we proceed in issuing a Request for Proposal (RFP) for a leachate treatment project. 15.13.3. 5/18/21 '2151-5 rsay SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: , April 12, 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: CCNA-2018 Work Order No. 11 to Geosyntec — Engineering and Permitting Services for Leachate Treatment Project Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) operates the Class 1 Landfill, which generates "leachate", which is liquid that passes through the waste in the landfill that is collected by a collection system at the bottom of the landfill. The IRC Department of Utility Services (IRCDUS) also operates a Residual Dewatering Facility (RDF) that generates "centrate", which is liquid generated through the dewatering of biosolids and septage. Both the leachate and the centrate are combined and transmitted via a force main to the West Regional Wastewater Treatment Facility (WRWWTF) for treatment and disposal. Based on the review of historical flows, the landfill generates an estimated leachate flow of 16,000 gallons per day (gpd) and a peak daily flow of 20,000 gpd based on substantial fluctuation on the leachate generated based on climatic and operational conditions at the landfill. The WRWWTF has stringent permit conditions by the Florida Department of Environmental Protection (FDEP) for both the influent and the effluent managed by the facility. The IRCDUS also has industrial pretreatment standards, referenced in Section 201.68 of the Code of Indian River County, that are not being met by the leachate. Historical data show that arsenic (As), total nitrogen (TN) and total dissolved solids (TDS) exceed the specified local limits and that the leachate also contains ammonia nitrogen (NH3-N), and biological oxygen demand (BOD) in excess of limits stipulated in 40 CFR 445.21. More recently, the discharge of concentrated leachate from the landfill gas wells has caused concerns with meeting the FDEP permit conditions at the WRWWTF. Both SWDD and IRCDUS have been exploring alternative treatment options for leachate for the past few years. In July 2019, the SWDD Board approved staff recommendation to further evaluate thermal evaporation technology as a potential solution for leachate treatment via a pilot study. In January 2020, a five-day pilot study by the Indian River Eco -District, LLC (IRED) using the 1,000 gpd Heartland Concentrator"' unit provided. by Heartland Water Technology, Inc (Heartland). The pilot was successful in demonstrating that a volume reduction of 98% was achieved and the laboratory analytical results indicated that the mulch -stabilized residuals passed both the Paint Filter Liquids Test as well as the Toxicity Characteristics Leachate Procedure (TCLP) criteria to be classified as non -hazardous and could potentially be landfilled in a Class 1 solid waste landfill in Florida. On May 19, 2020, the SWDD Board waived the bid requirements and directed staff to negotiate with IRED and Heartland for a short- or long-term solution for leachate treatment or a solution, SWDD Agenda - CCNA-2018 WO No 11 Geosyntec Page IZ" SWDD Item which combines both, and bring back both the material on the choices and a clear recommendation for a path forward. Staff is presenting a separate agenda item for the approval of the [RED/Heartland proposal to design, build, install and operate a 30,000 gpd leachate evaporation plant featuring a Heartland Concentrator:rm system to be located at the IRC Landfill, that will be used to treat all of IRC's Class 1 landfill leachate during a period of at least fifteen (15) years under the terms of a take -or -pay off -take agreement with SWDD. The purpose of this agenda item is for the approval of engineering and permitting services to Geosyntec that are associated with the leachate treatment project. Analysis: Geosyntec has prepared CCNA-2018 Work Order No. 11, provided in Attachment 1, for engineering and permitting services detailing the scope of work, budget, and schedule for each of the phases. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The phases are listed below, showing the expected completion dates and their estimated fees. PHASE DESCRIPTION DUE DATE AMOUNT Phase 1 Project Management/ Meetings May— September 2021 $ 20,345.18 Phase 2 Class 1 Landfill Permit Modification June 30, 2021 $ 22,146.72 Phase 3 Title V Permit Modification July 16, 2021 $ 22,400.06 TOTAL (Lump Sum)_ $ 64,891.96 Note that this work would only occur if the SWDD Board enters into a contract with IRED for the leachate treatment process. Funding: Funding for the SWDD Leachate Treatment services is budgeted and available in a special project account, which is funded from SWDD assessments and user fees. Description Account Number Amount Leachate Pre -Treatment System 411-169000-19507 $64,891.96 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Conditionally approve CCNA-2018, amended and extended in 2021, Work Order No. 11 with Geosyntec for $64,891.96 to provide engineering and permitting services related to the leachate treatment project. But direct staff to hold off on issuing a notice to proceed until the Board authorizes a contract with the Indian River Eco District, LLC, for the leachate treatment process. b) Authorize the Chairman to execute the same, as presented. Attachment (s): CCNA-2018 Work Order No. 11— Geosyntec SWDD Agenda - CCNA-2018 WO No 11 Geosyntec Page 2% CCNA2018 WORK ORDER 11 ENGINEERING AND PERMITTING SERVICES This Work Order Number 11 is entered into as of this _ day of , 2021 pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement 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 OF INDIAN RIVER COUNTY By: By: Jim Langenbach, P.E. Joseph E. Flescher, Chairman Title: Vice -President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 260 4 May 2021 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Engineering and Permitting Services Class I Landfill — Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional engineering services for the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate to provide engineering and permitting services for the proposed 30,000 gallons per day (gpd) leachate evaporator at the Class I Landfill. The proposal was prepared in response to a 25 March 2021 email request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi Badu- Tweneboah, P.E. of Geosyntec and prior and subsequent telephone conversations. Geosyntec has prepared this proposal as Exhibit 1 of CCNA-2018-WO No. 11, pursuant to Renewal and Amendment No. 1 to the Agreement for Continuing Services dated May 18, 2021 between Geosyntec Consultants, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 1h Street, Vero Beach, Florida 32960 (COUNTY). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road (74th Avenue SW) in Vero Beach, Florida. The waste materials disposed at the IRCL facility include residential, commercial, agricultural, and industrial Class I waste as well as C&D debris from unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores, Florida. The IRCL occupies 276 acres, with 22 acres used for construction and demolition (C&D) debris disposal. The C&D debris disposal facility is presently inactive and, as such, the Class I landfill accepts both Class I waste and C&D debris for disposal under the Florida Department of Environmental Protection (FDEP) NCP2021-3108\JL21026_Proposal for Class I Landfill Engineering Permitting Services—Revised 261 Construct and Operate Permit Modification Nos. 0128769 -026 -SC -IM and 0128769 -029 -SO -IM, dated December 16, 2020 (Class I Solid Waste Permit). This landfill facility is also currently operating under Title V Air Operation Permit No. 0610015 -005 -AV, effective June 1, 2017. A Residuals Dewatering Facility (RDF) is also operated at the IRCL facility by the IRC Department of Utility Services (IRCDUS). Leachate from the Class I landfill and centrate (i.e., dewatering liquids) from the RDF are transmitted via force main to the West Regional Wastewater Treatment Facility (WRWWTF) for treatment and disposal. Heartland, in collaboration with Indian River Eco District, LLC (IRED) of Lufkin, Texas, conducted a pilot study to demonstrate the effectiveness of Heartland's system to evaporate leachate from the IRC Landfill. Geosyntec was requested by SWDD to conduct an independent evaluation of the pilot study which was completed in February 2020. Heartland and its partners, Proximo Energy and IRED, have subsequently, on March 23, 2021, submitted a proposal to design, build, install and operate a 30,000 gpd leachate evaporation plant featuring a Heartland ConcentratorTM system to be located at the IRC Landfill, that will be used to treat all of IRC's Class I landfill leachate during a period of at least fifteen (15) years under the terms of a take -or -pay off -take agreement with SWDD. Geosyntec has been requested by SWDD to provide a proposal for the engineering and permitting services required to implement the above-mentioned proposal from Heartland. This proposal describes professional services to be provided in fulfillment of the aforementioned request. PROPOSED SCOPE OF WORK This project includes professional engineering services for filing solid waste Operation Permit and Title V Air Operation Permit modification applications with the FDEP for the IRCL facility to install and operate the leachate evaporator. The scope of work is based on the requirements of Chapter 62-701, Florida Administrative Code (F.A.C.), Chapter 403 of the Florida Statue (F.S.), Chapters 62-4, 62-210 and 62-213 of the F.A.C., and Geosyntec's understanding of the project based on information provided by the SWDD and presented in Heartland's proposal as well as the solid waste and Title V air permitting requirements. For budgeting purposes, the scope of work has been divided into three (3) phases, as presented below. • Phase 1—General Consulting/Meeting Support/Project Management; • Phase 2 —Class I Landfill Solid Waste Operation Permit Modification Application; and • Phase 3 — Title V Permit Modification (Revision) Application Each of these phases is briefly described below. 262 Phase 1—General Consulting/Meeting Support/Project Management Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the Project. Geosyntec will prepare presentation graphics, and other documents required to support the Project's meetings and coordination activities. A kickoff meeting with SWDD and Heartland (and its partners), is proposed before the start of project activities so that the specific project requirements can be discussed. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements. Geosyntec will also schedule and attend, with SWDD staff, meetings with the FDEP Solid Waste Section in Tallahassee and Southeast District (SED) Division of Air Resource Management (DARM) of FDEP to discuss specific permitting issues. In addition, review meetings will be held with SWDD as necessary during the various phases of the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. For the purpose of this budget estimate, Geosyntec has included five (5) meetings: (i) one (1) kickoff meeting with SWDD and Heartland (and its partners); (ii) one (1) in -progress design review meeting with SWDD; (iii) two (2) meetings with FDEP and SWDD staff; and (iv) one (1) meeting with the SWDD Board, if requested by SWDD. The FDEP meetings will consist of: (i) one (1) meeting with the Tallahassee office on the solid waste operations permit modification application; (ii) one (1) meeting with the SED's DARM office in West Palm Beach on the Title V permit revision application. If possible, both meetings will be held via teleconference to reduce overall costs to the project. Project management activities will include budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify technical or administrative issues that require SWDD's attention and the current status of the budget and schedule. Phase 2 — Class I Landfill Solid Waste Operation Permit Modification Application Task 2.1: Solid Waste Operations Permit Modification Application Package For the leachate evaporator to be installed and operated at the IRCL facility to treat leachate from the Class I landfill a modification would be required of the facility's Class I Solid Waste Permit. Also, based on review of Heartland's proposal, residuals from the evaporation would have to be disposed in the Class I landfill. These residuals, which are essentially in liquid (or leachate) form, would require disposal or recirculation back into the Class I landfill. Therefore, the Class I landfill permit will require modification and approval by FDEP for leachate recirculation. Geosyntec will 263 prepare the FDEP solid waste operation permit modification application for the Class I landfill at IRCL site. Geosyntec will complete FDEP Form No. 62-701.900(1) titled "Application for a Permit to Construct, Operate, Modify or Close a Solid Waste Management Facility" and address the additional information items required by the form. The following activities will be performed to prepare the permit modification application for the Class I landfill: • Prepare an engineering report addressing the requirements of Rule 62-701.320, F.A.C. The report will also demonstrate how SWDD plans to comply with new or revised laws or rules relating to construction, operation, or closure of the Class I Landfill. • Revise and update the Operations and Training Plan to include the leachate evaporator and recirculation, as necessary, for the Class I Landfill. • Describe the leachate procedures per Part GA of Form 62-701.900(1) as required by subsection 62-701.400(5), F.A.C., including: o general procedures for recirculating leachate; o procedures for controlling leachate runoff and minimizing leachate runoff with stormwater; o procedures for preventing perched water conditions and gas buildup; o alternate methods for leachate management when it cannot be recirculated due to weather or runoff conditions, surface seeps, wind-blown spray, or elevated levels of leachate head on the liner; and o methods of gas management in accordance with Rule 62-701.530, F.A.C. In addition to revisions to the Operations and Training Plan, Geosyntec will perform HELP model analysis to estimate the impacts on the head of leachate over the liner as a result of leachate recirculation. Prepare engineering permit drawings for the proposed leachate evaporator including site layout and piping plan from the existing landfill gas flare station to the proposed location for the evaporator. (Geosyntec has assumed that these drawings would be prepared and provided by Heartland and its partners for the permit application.) Therefore, no budget for preparing permit drawings is included in the proposal. • Address any prohibitions that may apply to the facility in accordance with Rule 62-701.300, F.A.C. • Compile a list of enforcement actions. • Complete the required FDEP Form 62-701.900(1) and prepare a transmittal letter to FDEP that summarizes the permit modification application package. 264 Geosyntec will provide one (1) electronic and one (1) hardcopy of the solid waste permit modification application to FDEP Tallahassee and two (2) copies (1 electronic and 1 hardcopy) to SWDD. Activities required for the compilation, reproduction and distribution of the permit application package are included in this phase. The permit fee will be $250 for a minor modification to the solid waste operation permit. Geosyntec has included this fee in the budget estimate in order expedite the permitting process. Task 2.2: Response to Regulatory Comments Following submittal of the permit modification application, Geosyntec will meet with FDEP Solid Waste Section in Tallahassee to present and discuss the application package. This meeting will be held via teleconference in order to reduce overall costs to the project. Geosyntec will provide FDEP with written responses to requests for additional information (RAIs) throughout the course of the renewal permit review process. For the purpose of the budget estimate, Geosyntec has estimated one response to FDEP RAIs will be required. Geosyntec will also review and provide comments on the draft Solid Waste Operations Permit Modification issued by FDEP to ensure that it is consistent with the facility requirements and does not contain unexpected compliance and monitoring requirements. Phase 3 — Title V Permit Revision Application Task 3.1: Title V Air Operation Permit Revision Application Package Under this phase, Geosyntec will prepare the FDEP Title V Air Operation Permit revision application to include the leachate evaporator for the IRCL facility. Geosyntec will complete FDEP, DARM Form No. 62-210.900(1) titled "Application for Air Permit - Long Form" and address the additional information items required by the form. The following items will be obtained from Heartland, as applicable, to prepare the permit revision/modification application: • Facility plot plan; • Process flow diagram; • Precautions to prevent emissions of unconfined particulate matter; • List of insignificant activities; • Identification of applicable requirements; • Compliance report and plan; • Description of proposed changes to the current Title V Air Operation Permit; • Fuel analysis or specification; • Detailed description of control equipment; • Procedures for startup and shutdown; • Operation and maintenance plan; 265 • Previously submitted information; and • Identification of applicable requirements. Geosyntec will describe the additional emission unit (i.e., the evaporator) for the IRCL facility, and calculate the emissions of air pollutants expected to be released into the environment by its operation. Geosyntec will complete the required FDEP Form 62-210.900(1) and prepare a transmittal letter(s) to FDEP that summarizes the permit modification application package. Task 3.2: Response to Regulatory Comments Following submittal of the permit revision application, Geosyntec will meet with the SED office of the FDEP-DARM to present and discuss the application package. This meeting will be held via teleconference in order to reduce overall costs to the project. Geosyntec will provide FDEP with written responses to RAIs throughout the course of the permit application review process. For the purpose of the budget estimate, Geosyntec has estimated one response to FDEP RAI will be required. Geosyntec will also review and provide comments on the draft Title V Modified (Revised) Permit issued by FDEP to ensure that it is consistent with the facility requirements and does not contain unexpected compliance and monitoring requirements. SCHEDULE Geosyntec will proceed with the implementation of this scope of services immediately upon receipt of authorization to proceed from SWDD. Geosyntec anticipates submitting the solid waste application to FDEP by 30 June 2021 assuming a start date of 18 May 2021. The Title V Air application is anticipated to be submitted to FDEP by 16 July 2021. Geosyntec has assumed that the required permits will be obtained within about two to three months of submission to FDEP. Responses to FDEP comments will be performed during this period. Therefore, it is anticipated that the permit modifications for the Project will be issued by September/October 2021. Geosyntec will work with SWDD to refine the project schedule and set the milestones necessary to meet the needs of the Project. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $64,891.96. A budget estimate for the scope of work outlined in Phases 1 through 3 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. 266 Phase 1: General Consulting/Meeting Support/Project Management $20,345.18 Phase 2: Solid Waste Operation Permit Modification Application $22,146.72 Phase 3: Title V Permit Revision Application $22,400.06 TOTAL $64,891.96 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis, in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the budget estimate without prior approval and written authorization from SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to our attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely; Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Attachments 267 ATTACHMENT A DETAILED BUDGET ESTIMATE 268 BUDGET ESTIMATE Phase 1: General Consulting/Meeting Support/Project Management Class I Landfill Engineering and Permitting Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal Hr $260 0 $0.00 b. Principal Hr $245 32 $7,840.00 c. Senior Professional Hr $225 17 $3,825.00 d. Project Professional Hr $203 27 $5,481.00 e. Professional Hr $176 0 $0.00 f. Senior Staff Professional Hr $154-1 0 $0.00 g. Staff Professional Hr $132 0 $0.00 Subtotal Professional Services $17,146.00 B. Technical/Administrative Services a. CADD Designer Hr $143 4 $572.00 b. Senior Drafter/Senior CADD Operator Hr $126 0 $0.00 c. Project Administrator Hr $71 8 $568.00 d. Clerical Hr $55 4 $220.00 Subtotal Technical/Administrative Services $1,360.00 C. Reimbursables a. Lodging Da $100 0 $0.00 b. Per Diem Da $55 0 $0.00 c. Communications Fee 3% Labor 0.03 $18,506 $555.18 d. CADD Computer System Hr $15 4 $60.00 e. Vehicle Rental & Fuel Da $150 7 $1,050.00 f. 8"x11" Photocopies Each $0.121-200 $24.00 g. CADD Drawings Each $3 50 $150.00 Subtotal Reimbursables $1 839.18 TOTAL ESTIMATED BUDGET: PHASE 01 $20 345.18 269 BUDGET ESTIMATE Phase 2: Class I Landfill Solid Waste Operations Permit Modification Application Class I Landfill Engineering and Permitting Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal hr $260 0 $0.00 b. Principal hr $245 16 $3,920.00 c. Senior Professional hr $225 12 $2,700.00 d. Project Professional hr $203 24 $4,872.00 e. Professional hr 1 $176 0 $0.00 f. Senior Staff Professional hr $154 44 $6,776.00 g. Staff Professional hr $132 0 $0.00 Subtotal Professional Services $18,268.00 B. Technical/Administrative Services a. Designer hr $143 12 $1,716.00 b. Senior Drafter/Senior CADD Operator hr $126 0 $0.00 c. Project Administrator hr $71 0 $0.00 d. Clerical hr $55 8 $440.00 Subtotal Technical/Administrative Services $2,156.00 C. Reimbursables a. Lodging Da $100 0 $0.00 b. Per Diem Da $55 0 $0.00 c. Communications Fee 3% labor 0.03 $20,424 $612.72 d. CADD Computer System hr $15 12 $180.00 e. 8"x11" Photocopies Each $0.121 1,000 $120.00 f. CADD Drawings Each $3 270 $810.00 Subtotal Reimbursables $1,722.72 TOTAL ESTIMATED BUDGET: PHASE 0222 146.72 270 BUDGET ESTIMATE Phase 3: Title V Air Permit Modification Application Class 1 Landfill Engineering and Permitting Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal hr $260 0 $0.00 b. Principal hr $245 24 $5,880.00 c. Senior Professional hr $225 16 $3,600.00 d. Project Professional hr $203 20 $4,060.00 e. Professional hr $176 0 $0.00 f. Senior Staff Professional hr $154 40 $6,160.00 g. Staff Professional hr $132 0 $0.00 Subtotal Professional Services $19,700.00 B. Technical/Administrative Services a. Designer hr $143 10 $1,430.00 b. Senior Drafter/Senior CADD Operator hr $126 0 $0.00 c. Administrative Assistant/PA hr $71 2 $142.00 d. Clerical hr $55 6 $330.00 Subtotal Technical/Administrative Services $1,902.00 C. Reimbursables a. Lodging Da $100 0 $0.00 b. Per Diem Da $55 0 $0.00 c. Communications Fee 3% labor 0.03 $21,602 $648.06 d. CADD Computer System hr $15 10 $150.00 e. 8"x11" Photocopies Each $0.12 0 $0.00 f. CADD Drawings Each $3 0 $0.00 Subtotal Reimbursables $798.06 TOTAL ESTIMATED BUDGET: PHASE 03 $22.400.06 271 /gk SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 7, 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: CCNA-2018 Work Order No. 42 to Kimley-Horn and Associates — Centrate to Leachate Tank Conversion Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) is in the process of evaluating treatment options for leachate collected from the Class I municipal solid waste landfill, in an effort to cease disposal to the County's West Regional Wastewater Treatment Facility (WWTF). A potential treatment project will not likely begin implementation for several months. In the meantime, gas production from the landfill gas collection wells is being severely hampered by infiltration of leachate into the wells. The County installed pumps to remove the leachate from these gas wells, but the resulting concentrated leachate is causing treatment and disposal issues at the WWTF. The County also operates a biosolids dewatering facility located on the SWDD landfill property. The biosolids facility design originally included a 0.5 -million -gallon ground storage tank (GST) for storage of dewatering centrate prior to pumping off site. The GST, however, has not been utilized for centrate storage for the past 8+ yea rs. SWDD is considering converting the unused GST to store the concentrated leachate as a volume buffer for the leachate treatment project. Repurposing the tank would require recoating of the interior with a material suitable for leachate storage, installation of a mixer to prevent stagnation/solids settling, a potential modification to the vent on the tank for off -gassing and piping modifications to get the leachate (and potentially reclaimed water for dilution) into/out of the GST. The purpose of this agenda item is for the approval of engineering and permitting services to Kimley-Horn and Associates (Kimley-Horn) for the centrate to leachate tank conversion project. Analysis: Kimley-Horn has prepared CCNA-2018 Work Order No. 42, provided in Attachment 1, for engineering and permitting services detailing the scope of work, budget, and schedule for each of the phases. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below, showing the expected completion dates and their estimated fees. SWDD Agenda - CCNA-2018 WO No 42 Kimley-Horn PageX7 SWDD Item Task DESCRIPTION DUE DATE AMOUNT Task 1 Mixing Evaluation 4 weeks from Notice to Proceed (NTP) $ 14,522 Task 2 Tank Modifications 8 weeks from NTP $ 7,293 Task 3 Piping Modifications 8 weeks from NTP $ 6,668 Task 4 Permitting 1 week from completion of Task 3 $ 1,491 SUBTOTAL (Lump Sum) = $ 29,974 Task 5 Construction Phase Services Approximately 3 months $ 20,969 SUBTOTAL (Not -to -Exceed) = $ 29,969 TOTAL FEE = $ 50,943 Based on preliminary estimates from Kimley-Horn, the original tank manufacturer has estimated that the tank modifications range from $140,000 to $200,000. It is also estimated that another $50,000 would be needed for the installation of a force main to divert concentrated leachate to the GST. Note that this work Would only occur if the SWDD Board enters into a contract with the Indian River Eco District, LLC, for the leachate treatment process. Funding: Funding for the SWDD Leachate Treatment services is budgeted and available in a special project account, which is funded from SWDD assessments and user fees. Description Account Number Amount Leachate Pre -Treatment System 411-169000-19507 $50,943 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Conditionally approve CCNA-2018, amended and extended in 2021, Work Order No. 42 with Kimley- Horn for $50,943 to. provide engineering and permitting services related to the Centrate to Leachate Tank Conversion Project. But direct staff to hold off on issuing a notice to proceed until the Board authorizes a contract with the Indian River Eco District, LLC, for the leachate treatment process. b) Authorize the Chairman to execute the same, as presented. Attachment (s): CCNA-2018 Work Order No. 42 — Kimley-Horn SWDD Agenda - CCNA-2018 WO No 42 Kimley-Horn Page 27 0 WORK ORDER 42 CENTRATE GST CONVERSION This Work Order Number 42 is entered into as of this _ day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 and that Renewal and Amendment No. 1 entered .into as of this 18th day of May, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant") The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement 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: Kimley-Horn and Associates, Inc. By: Kier an Rens, P.E. Print Name: Peter Van Rens Title: Senior Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 274 Work Order Number 42 CENTRATE TANK CONVERSION EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (County) solid waste disposal district (SWDD) is in the process of evaluating treatment options for leachate collected from the Class I municipal solid waste landfill, in an effort to cease disposal to the County's West Regional wastewater treatment facility (WWTF). A potential treatment project will not likely begin implementation for several months. In the meantime, gas production from the landfill gas collection wells is being severely hampered by infiltration of leachate into the wells. The County installed pumps to remove the leachate from these gas wells, but the resulting concentrated leachate is causing treatment and disposal issues at the WWTF. The County also operates a biosolids dewatering facility located on the SWDD landfill property. The biosolids facility design originally included a 0.5 -million -gallon ground storage tank (GST) for storage of dewatering centrate prior to pumping off site. The GST, however, has not been utilized for centrate storage for the past several years. SWDD is considering converting the unused GST to store the concentrated leachate until such time as the treatment project is in service. Repurposing the tank would require recoating of the interior with a material suitable for leachate storage, installation of a mixer to prevent stagnation/solids settling, a potential modification to the vent on the tank for off -gassing and piping modifications to get the leachate (and potentially reclaimed water for dilution) into/out of the GST. Kimley-Horn ("Consultant") will prepare a recommendation for installation of a mixer, specify the tank and piping modifications needed to repurpose the existing GST, prepare the necessary utility permit and provide services during construction as outlined in the following Scope of Services. SCOPE OF SERVICES Task 1: Mixing Evaluation (Lump Sum) Consultant will conduct an evaluation of the mixing options for the existing GST. The Consultant will rely on the most recent water quality data for the concentrated leachate to determine the best mixing option(s) for preventing adverse settling or stagnation of the leachate while being stored over a period of several months. The evaluation will consist of areview of a floating mixer, a tank -bottom mixer and jet pump mixers in the GST walls to determine which option(s) provide acceptable mixing patterns. Once the feasible options 275 are identified, the Consultant will work with the equipment manufacturers to specify the appropriate make/model and obtain cost estimates for equipment procurement. The Consultant will also coordinate with the tank manufacturer (Crom) to request a budget - level quote for the installation of the selected mixer option(s). The Consultant will summarize the mixing evaluation and mixer recommendations, along with the opinion of probable cost for each option in a draft technical memorandum. The Consultant will facilitate a discussion with the County to review the recommendations in the memorandum and select the best fit for the County's installation. The technical memorandum will then be finalized and submitted to the County in electronic format. Task 2: Tank Modifications (Lump Sum) The Consultant will utilize the final recommendation in the technical memorandum (Task 1) to prepare the necessary details for modification to the tank. These details shall consist of specifying anchor systems (if tank -bottom mixer is selected), details for securing the floating mixer (if selected), coring details (if jet pump option is selected), ventilation modifications, and/or coating details. It is anticipated that the Consultant will be coordinating the implementation of these modifications directly with Crom; therefore, this task does not include the preparation of detailed plans and specifications typically used to obtain competitive bids through advertisement. This task will consist of up to four responses to questions/requests for clarification from Crom and one site visit. Task 3: Piping Modifications (Lump Sum) The County plans to redirect the concentrated leachate from the gas wells to the GST via a dedicated force main, utilizing the pneumatic pumps in the existing wells for conveyance. The County also intends to connect into the reclaimed water line located along the southern side of the biosolids dewatering facility (existing, on-site) for dilution within the tank. This task provides for design of the piping modifications to bring both the concentrated leachate and the reclaimed water into the existing GST, as well as for consideration of future outfall piping modifications to accommodate a future treatment system. Future piping design and installation will be the responsibility of the treatment system provider. The County has indicated that the piping modifications will be constructed by one of the current on-call piping labor contractors. This task will include preparation of details sufficient to direct the on-call contractor. This task will not include preparation of full plans, project specifications or competitive bid documents. Task 5 will include detailed oversight of the construction phase to determine compliance with the design intent. 276 Task 4: Permitting (Lump Sum) Permitting is anticipated to be limited to submitting a County utility permit application for connection to the reclaimed water system. The Consultant will prepare the necessary permit application and supporting design documents for submittal to the County for permit issuance. This task includes up to two (2) responses to requests for additional information. The County shall provide the permit application fee, if applicable. No additional permit applications are included in this task. It is not anticipated that the Florida Department of Environmental Protection (FDEP) will require modification to the County's Solid Waste Operations permit. Similarly, FDEP does not regulate modifications/connections to the reclaimed water system. This project is not anticipated to require County Site Plan modification/approval or require modifications to the existing stormwater permits for the site. Task 5: Construction Phase Services (Not -to -Exceed) The Consultant will observe construction activities for the piping modifications, GST coating and GST modifications. Once Crom has completed the initial cleaning and sandblasting of the tank interior, the Consultant's structural engineer will conduct an internal visual inspection of the tank for structural integrity. This visual inspection will be limited to the extent of the tank wall visible from the floor of the tank, unless appropriate scaffolding is provided and in place by Crom. Due to the tank age, it is not anticipated that any structural deficiencies will be present. Crom will also be required to perform a detailed inspection of the tank during the resurfacing effort. Any structural deficiencies noted during the observation will require addressing under separate authorization. The Consultant anticipates that the construction phase will span a duration of 3 months. During this time, the Consultant will provide an average of 4 hours per week of oversight, as well as 2 to 4 additional site visits by specialty technical personnel, and will prepare weekly summary reports in the form of an email to the appropriate County staff members. The Consultant will specifically be on site to observe any below -grade piping/components prior to backfilling, observe the tank walls prior to recoating, confirm appropriate coating is being utilized prior to application, observe installation of the selected mixer, and other key project milestones agreed upon with the County. The County will contract directly with the contractor (pipelines) and Crom (tank modifications) to perform the work. The Consultant will review pay applications from each contractor on behalf of the County and provide recommendation for payment or justification for rejection. The Consultant will participate in a substantial completion walkthrough at the appropriate point of construction and generate a punch list, if applicable, to be addressed by the appropriate contractor, as well as conduct a final walkthrough to observe that each punch list item has been satisfactorily completed. Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, 277 equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. Consultant does not guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. 278 EXHIBIT B FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 18, 2021, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). Kimley-Horn will perform Tasks 1 through 4 for the total lump sum fee below. Individual task amounts are informational purposes only. All permitting, application, and similar project fees will be paid directly by the County. Task 5 will be completed on a labor fee plus expense basis with the maximum labor fee shown below. Task No. Task Task Fee Task 1 Mixing Evaluation $ 14,522 Task 2 Tank Modifications $ 7,293 Task 3 Piping Modifications $ 6,668 Task 4 Permitting $ 1,491 Lump Sum Subtotal $29,974 Task 5 1 Construction Phase Services $20,969 Not -to -Exceed Subtotal $20,969 TOTAL FEE $ 50,943 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Labor fee will be billed monthly on an hourly basis according to our then - current rates. Payment will be due per the contract terms. ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services may include, but not be limited to the following: Preparation of bid documents for competitive bid Design or execution of structural repairs to the GST Horizontal directional drill details 279 ESTIMATE FOR ENGINEERING SERVICES PROJECT: Centrate GST Conversion 'CLIENT: Indian River County ESTIMATOR: JTG DESCRIPTION: DIRECT LABOR MAN-HOURS Planning and Sampling Program PRINC SEN PROF REG PROF SEN DES/ P2 CLK Dir Exp (501.) LINE TOTAL NO. TASK 1 Mixing Evaluation LS Water Quality Assessment 4 8 $ 95 $ 1,995 Mixing Evaluation 2 10 24 2 1 $ 301 $ 6,327 Mixer Recommendation 2 4 4 1 $ 98 $ 2,064 Cost Estimate 2 4 $ 950 Summary Memorandum 2 2 8 1 $ 2,016 Review Meeting 2 2 2 $ 1,170 2 Tank Modifications S Details 2 6 12 2 1 $ 181 $ 3,807 Site visits 1) and Clarifications (4) 2 6 12 $ 166 $ 3,486 3 Piping Modifications S Design details - Leachate FM and Reclaimed FM 2 10 16 2 $ 247 $ 5,177 Coordination with On -Call Contractor 2 2 4 $ 71 $ 1,491 4 Permitting LS Permit Application 2 2 $ 36 $ 756 RAI 1 2 2 $ 35 $ 735 5 Construction Services NTE Structural Inspection 2 8 $ 114 $ 2,384 Site Visits 4 hrs/wk for 3 months 24 24 16 1 $ 652 $13,692 Walk Throu hs and Punch List 2 6 8 $ 141 $ 2,961 Pay Applications 4 4 $ 92 $ 1,932 TOTAL HOURS 50 92 122 6 4 $ 2,229 $ 50,943 LABOR($/HOUR) $ 235 $ 225 $ 125 $ 105 $ 96 $ - $ - SUBTOTAL $11,750 $20,700 $15,250 $ 630 $ 384 $ 48,714 $ 50,943 280 Page 6 of 7 EXHIBIT C TIME SCHEDULE Task 1 Deliverables: Draft Technical Memorandum — 4 weeks after NTP Final Technical Memorandum — 2 weeks from receipt of County Comments/Review Meeting Task 2 Deliverables: Draft Tank Modification Plans — 8 weeks after NTP Final Tank Modification Plans — 2 weeks from receipt of County Comments Task 3 Deliverables: Draft Piping Modification Plans — 8 weeks after NTP Final Piping Modification Plans — 2 weeks from receipt of County Comments Task 4 Deliverables: Permit Application — 1 week from Final Piping Modification Plans Task 5 Duration: Approximately 3 Months 281 Page 7 of 7 Kimley>»Horn Attachment 1 Budget -Level Cost Estimate for GST Resurfacing 445 241" Street Vero Beach, Suite 200, Vero Beach, Florida 32960 772 794 4100 , . ® PRESTRESSED CONCRETE TANKS C,ROI\A COATINGS and RESTORATIONS April 30, 2021 PROPOSAL 21-195 INTERIOR COATING APPLICATION 500,000 GALLON GROUND STORAGE TANK VERO BEACH, FLORIDA CROM Coatings and Restorations ("CCR"), a Division of CROM, LLC, proposes to provide labor and material for the coatings of the prestressed concrete tank for Kimley Horn, 445 24th Street, Suite 200, Vero Beach, FL 32960 ("Client"). All work will be completed in accordance with all applicable codes and standards including OSHA, AWWA, ACI and standard prestressed concrete tank design. 1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA The "Client" or a duly authorized representative, is responsible for providing CCR with a clear understanding of the project nature and scope as is reasonably known to the Client. The Client shall supply CCR with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow CCR to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. Prior to starting work, CCR will request from Client data reasonably required for submittal purposes for the coatings of the aforementioned storage tank including any available computations, detailed drawings, and specifications. If, in the opinion of CCR, adequate data is not available or is incomplete, Client will be informed and arrangements made for creation of needed data. CCR will not perform engineering studies or perform work requiring professional engineering duties but will assist Client in obtaining such services. 2. COMMENCEMENT AND COMPLETION Upon your execution of this proposal, CCR will be prepared to start work 30 days after approval of our submittal information; and will undertake to furnish sufficient labor, materials, and equipment to complete the work within approximately 8 Crew Weeks working time thereafter. In the event Client desires to execute a separate agreement; such agreement shall include this proposal and all the conditions herein unless both parties agree in writing to specifically omit any condition, in writing, specifically referencing the omitted condition(s). In the event that CCR cannot start the job by July 26, 2021 because of delays of any nature which are caused by the Client or other contractor employed by him or other circumstances over which CCR has. no control, then the contract price may be renegotiated to reflect any increased costs. 3. INSURANCE CCR represents and warrants that it and its agents, staff and Consultants employed by it is and are protected by worker's compensation insurance and that CCR has such coverage under public liability and property damage insured policies which CCR deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance CCR agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by CCR, its agents, staff and consultants employed by it. CCR shall not be 250 S.W. 36TH TERRACE 1 GAINESVILLE, FLORIDA 132607-2869 PHONE 352.372.3436 I FAX 352.372.6209 1 WWW.CROMCORP.COM CHATTANOOGA, TN - FORT MYERS, FL - GAINESVILLE, FL - RALEIGH, NC - WEST PALM E AMH, FL responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance or the limits described in Section 8, whichever is less. The Client agrees to defend, indemnify and save CCR harmless for loss, damage or liability arising from acts by Client, Client's agent, staff and other consultants employed by Client. Any bond requirement(s) by Client will carry an additional cost unless the parties agree otherwise. 4. SERVICES TO BE FURNISHED BY CROM COATINGS AND RESTORATIONS CCR proposes to furnish all supervision, labor, material, and equipment required to complete the work, except as noted in Paragraph 5. The services to be furnished by CCR are specifically: This scope of work is to be performed on the following tank: • 500,000 Gallon Ground Storage Tank 60'-0" ID x 23'-6" SWD (CROM Job No. (2009-M-015) a. Mobilize crew, materials, and equipment to jobsite. b. Tank Inspection: (1) Foundation and Wall Exterior: (a) Wall foundation or footing, if exposed (dips, damp spots, bearing and/or joint filler pads, if present, and gap between wall and subgrade or wall and footing) (b) Check for cracks (c) Check architectural finish coating (paint) (d) Manhole (cover, frame, bolts, and gasket) (e) Pipe sleeves, if present (frame and seal by modular, mechanical type, inter locking, synthetic rubber "link" units) (f) Ladder (risers, rungs, wall brackets, all connections including welds, fasteners, and safety rail) (g) Liquid level indicator, if present (fiberglass board, target, wall brackets, connections, fasteners, cables, float, pulleys, and mechanism) (2) Dome Exterior: (a) Check for cracks and hollows (b) Check architectural finish coating (paint) (c) Ventilator if present (screens, fasteners, and caulking) (d) Handrail, if present (rails, posts, toe -boards, flanges, brackets, all connections including welds, and fasteners) (e) Hatch, if present. (precast concrete curb, fiberglass cover, insect barriers, hasp, fasteners, and mechanism) (f) Aerator, if present. (screens, fiberglass, bolts) (g) Overflows, if present. (precast concrete, screens, fasteners, and caulking) (h) Pipe penetrations, if present. (frame and seal by modular, mechanical type, inter locking, synthetic rubber "link" units) (3) Wall Interior: (a) Check for cracks (b) Ladder (risers, rungs, wall and base brackets, braces, connections, fasteners, and safety rail) (c) Baffle walls/curtains, if present. 284 (4) Floor Interior: (a) Check for cracks (note size and length) (b) Pipes (encasements, coatings, support brackets, and bolts) (c) Waterstop, if applicable. (irregularities, holes, encasement) (d) Gap between wall and waterstop, if applicable (5) Dome Interior: (a) Check for damage from hydrogen sulfide attack. (b) Check for cracks. (note size and length) c. Interior Concrete Side Walls and Floor Coatinqs Application: (1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble contaminants from the substrate. (2) Ultra high water blast at a minimum of 20,000 psi to remove existing coatings, laitance, curing compounds, and other foreign contaminants from the substrate while achieving a surface profile equal to ICRI-CSP5. (3) Resurface with Tnemec Series 218 Mortarclad at a minimum rate of 1/16 -inch. (4) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT. (5) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT. (6) Perform high voltage holiday testing. (7) Tank disinfection in accordance with AWWA C652. d. Optional Add On No. 1: Interior Concrete Dome Coatings Application (1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble contaminants from the substrate. (2) Ultra high water blast at a minimum of 20,000 psi to remove existing coatings, laitance, curing compounds, and other foreign contaminants from the substrate while achieving a surface profile equal to ICRI-CSP5. (3) Resurface with Tnemec Series 218 Mortarclad at a minimum rate of 1/16 -inch. (4) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT. (5) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT. (6) Perform high voltage holiday testing. e. Optional Add On No. 2: Interior Piping Coatinqs Application (1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble contaminants from the substrate. :R (2) Abrasive blast to remove existing coatings, rust, corrosion, and other foreign contaminants from the substrate while achieving a minimum angular anchor profile of 3.0 mils. (3) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT. (4) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT. 5. MATERIALS AND SERVICES FURNISHED BY CLIENT OR OTHERS It is understood that the following services shall be provided by others without expense to CCR: a. Client will grant or obtain free access to the site for all equipment and personnel necessary for CCR to perform the work set forth in this Proposal. The Client will notify any and all processors of the project site that Client has granted CCR free access to the site. CCR will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. b. The Client is responsible for the accuracy of locations for all subterranean structures and utilities. CCR will take responsible precautions to avoid known subterranean structures, and the Client waives any claim against CCR, and agrees to defend, indemnify, and hold CCR harmless from any claim or liability for injury or loss, including costs to defend, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate CCR for any time spent or expenses incurred by CCR in defense of any such claim with compensation to be based upon CCR's prevailing fee schedule and expense reimbursement policy. c. A continuous supply of potable water under minimum pressure for the use of the CCR crew within 100 feet of the tank site. d. A continuous supply of electricity during the period of work: one 100 -AMP, 110/220 -volt service for the operation of our power tools and accessories, located not more than 100 feet from the tank. Please be sure that all circuit breakers are ground -fault protected. If it is necessary for CCR to supply its own electric power, add $500.00 per week to the contract amount. e. Any permit or other fees from any AHJ as may be required for the work including but not limited to all connect/disconnect, impact and building/construction fees. f. Drainage and disposal of the tank's contents. g. Refilling of the tank's contents. h. Cleaning the exterior of the tank and accessories. i. Complete lock -out and tag -out of the subject tank prior to personnel entering the tank. The Client will be required to provide all materials for this process. The Client will be responsible for demonstrating to CCR that the lock -out procedure is complete and the tank is rendered "safe" before CCR will perform air quality testing to enter the tank. j. All professional engineering design services. 286 6. BACK CHARGES AND CLAIMS FOR EXTRAS No claim for extra services rendered or materials furnished will be valid by either party unless written notice thereof is given during the first ten days of the calendar month following that in which the claim originated. CCR's claims for extras shall carry 30% for overhead and 10% for profit. Any mutually agreed upon deductive change order will provide only a credit for 10% profit but will not provide a credit for 30% overhead. 7. DELAYS It is agreed that CCR shall be permitted to prosecute work without interruption. If delayed at any time for a period of 24 hours or more by an act or omission of the Client, the Authority Having Jurisdiction (AHJ), any representative, agents or other contractors employed by Client, or by reason of any changes ordered in the work, CCR shall be reimbursed for actual additional expense caused by such delay, and loss of use of our equipment, and 30% for overhead. LIMITATION ON INDIVIDUAL LIABILITY, OF DESIGN PROFESSIONAL - TO THE EXTENT PERMITTED BY LAW, AN EMPLOYEE, AGENT, .DESIGN PROFESSIONALS, OR ENGINEERS EMPLOYED BY CCR SHALL NOT BE INDIVIDUALLY LIABLE FOR NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT WITH CCR UNDER THIS PROPOSAL TO AN OWNER, CONTRACTOR, SUBCONTRACTOR, OR TO ANY THIRD PARTY CLAIMING BY AND THROUGH THESE PARTIES. 8. RISK ALLOCATION Client agrees that CCRs liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed $50,000 or CCR's fee, whichever is greater. Client agrees that the foregoing limits of liability extend to all of CCR's employees and professionals who perform any services for Client. If Client prefers to have higher limits on general or professional liability, CCR agrees to increase the limits up to a maximum of $1,000,000.00 upon Clients' written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or $400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. 9. ASSIGNMENT AND THIRD PARTIES Neither the Client nor CCR may delegate, assign, sublet or transfer their duties or any interest in this Proposal without the written consent of the other party. Both parties agree there are no intended third - party beneficiaries to this Proposal including other contractors or parties working on the project, or, if necessary, a surety of CCR. 10. LABOR This proposal is predicated on open -shop labor conditions, using our own personnel. If we are required to employ persons of an affiliation desirable to the Client or other contractor employed by him or the general contractor thereby resulting in increased costs to us, the contract price shall be adjusted accordingly. Such requirement shall not provide that CCR sign a contract with any labor organization. In the event of a labor stoppage, we shall not be in default or be deemed responsible for delay of the progress of this contract or damage to the Client or the contractor so long as CCR has sufficient qualified employees available to perform the work. 287 Our proposal is based on our crew performing our Scope of Work in accordance with our standard safety program. If any additional safety requirements are placed on us (not required by OSHA) such as: site training, additional safety equipment or permit required confined space, the cost for such additional requirements plus 30% for overhead shall be reimbursed to us. 11. QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum price of: Mobilization: $ 2,000.00 Tank Inspection: $ 3,500.00 Surface Preparation: $ 48,000.00 Resurfacing: $ 37,750.00 Coatings Application: $ 49,000.00 Disinfection: $ 500.00 Total: $140,750.00 Optional Add On No. 1: Interior Dome Surface Preparation: $ 20,300.00 Resurfacing: $ 16,000.00 Coatings Application: $ 20,225.00 Optional Add On No.1 Total: $ 56,525.00 Optional Add On No. 2: Interior Piping Surface Preparation: $ 2,520.00 Coatings Application: $ 2.905.00 Optional Add On No.2 Total: $ 5,425.00 Periodic and final payment, including any retention, shall be made within 7 days from the date our work is completed or the billing is received, or in accordance with applicable state Prompt Payment law, whichever is earlier, and isto be received by us in our accounting office at 250 SW 36"' Terrace, Gainesville, Florida 32607. All costs for third party contracts and billing management services, or use of any software, as may be required by the Customer or Owner, will be added to the Contract Price, by change order. Final payment shall not be held due to delays in testing. Payment not received by that date will be considered past due and will be subject to a late payment charge of 1'/2% per calendar month, or any fraction thereof until received in ouroffice. If CCR does not receive payment within 7 days after such payment is due, as defined herein, CCR may give notice, without prejudice to and in addition to any other legal remedies, and may stop work until payment of the full amount owing has been received. The Proposal Amount and Time shall be adjusted by the amount of CCR's reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate change order. Any reasonable legal or other expense necessary for the enforcement of this Proposal or forthe collection of monies due shall be borne by the party atfault. If sales tax is excluded from our price, or on materials contained in our price, in accordance with project specifications, such exclusion is subject to receipt of adequate tax exemption documents from you or the project owner prior to commencement of Work to allow for our application of same. If proper tax exemption documentation is not received or is not adequate to provide exemption, we reserve the right to receive reimbursement of all sales tax CCR is obligated to pay due to the tardiness, lack of, or inadequate exemption documentation on behalf of you or theowner. 12. ARBITRATION/DISPUTE RESOLUTION AND VENUE Any controversy or claim relating to the contract between us shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment by the arbitrator(s) may be entered in any court having jurisdiction. The claim will be brought and tried in judicial jurisdiction of the court of the state and county where CCR's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other claim related expenses the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CCR engages an attorney for the collection of the amounts due from the Client, the Client shall pay CCR its reasonable attorney's fees and costs through any appeal. The laws of the State of Florida will govern the validity of these terms, their interpretation and performance. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause. 13. CHANGES IN SCOPE AND LIMITATIONS If the Client wishes to have CCR perform any additional repairs or remediation of the tank or accessories, it shall authorize such work in writing and pay CCR its standard rates for such work. It is agreed that CCR shall not be responsible for any consequential, special or delay damages or any force majeure events, including but not limited to acts of God and pandemic. CCR does not assume responsibility for differing, latent or concealed conditions, which differ materially from those indicated in the Subcontract/Contract documents or from those ordinarily found to exist and not inherent in the Work, including but not limited to weather or subsurface conditions, and not caused by CCR's fault or negligence. 14. TERMINATION This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall be effective if that substantial failure has been redeemed before expiration of the period specified in the written notice. In the event of termination, CCR shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination, or suspension for more than three (3) months prior to completion of all work contemplated by the proposal, CCR may complete such analyses and records as necessary to complete their files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of CCR in completing such analyses, records and reports if necessary. 15. GUARANTEE CCR will guarantee its workmanship and materials on its work covered in this Proposal for a period of one year after completion of its work. Prior to leaving the location, CCR personnel will perform a walk through with the responsible party overseeing our work for the Client. In case any defects in CCR's workmanship or materials appear within the one-year period after completion and acceptance of CCR's work, CCR shall promptly make repairs at its own expense upon written notice by the Client that such defects have been found. CCR's guarantee is limited to defects in CCR's workmanship and materials, excluding inspections, cleaning and 289 disinfection services ("Services"). CCR shall endeavor to perform these Services with that degree of care and skill ordinarily exercised under similar circumstances by contractors practicing in the same discipline at the same time and location. CCR shall not be responsible for, nor liable for, delamination of previous coatings application, any ordinary wear and tear or for damage caused from negligent or inappropriate use or by any other entity beyond our control, including but not limited to modifications, work or repairs by others. If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year. Performance and Payment Bond. The cost of this bond is not included in our price. Please add $9.00 per $1,000 of contract value. 16. ACCEPTANCE This proposal is offered for your acceptance within 30 days from the proposal date. We reserve the right after that period to amend our bid to reflect our changing construction schedules and materials and labor rate changes. The return to this company of a copy of this proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall be made a part of any subcontract agreement or purchase order. Sincerely, CROM COATINGS AND RESTORATIONS Joseph Walsh Project Manager /ry A nnrnTrn MX/ "I Ir0.1T Robert G. Oyenarte, PE President 290