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02/08/2022
j�vER � �� GQoii�"�►�G��e �LORt�Q' k BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 8, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Deacon Wilfred Hart, Friendship Missionary Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Emmett Lane Attachments: Proclamation 5.B. Presentation of Proclamation Celebrating the 50th Anniversary of Literacy Services of Indian River County Attachments: Proclamation 5.C. Presentation from Florida Power & Light Company's Bart Gaetjens, External Affairs Manager and Chris Fries, FPL Developer, re: Clean Energy Milestone 6. APPROVAL OF MINUTES February 8, 2022 Page 1 of 4 6.A. Regular Meeting of November 16, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA S.A. Award of Bid 2022022 - Custodial Services for County Administration Complex Attachments: Staff Report Agreement 8.B. Award of Bid 2022029 - Annual Right -of -Way Mowing Attachments: Staff Report S.C. Mediated Settlement, Johnny Thomas Attachments. Staff Report S.D. Final Payment, Release of Retainage and Change Order No. 14th Street Culvert Replacement at 90th Avenue (IRC -2022) Attachments: Staff Report Change Order No. 1 Settlement Agreement & Pay App 4 8.E. American Rescue Plan Act of 2021 - Small Business & Non -Profit Grant Program Update Attachments: Staff Report Non -Profit & Small Business Grantees 8.F. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Attachments: Staff Report 8.G. Final Pay to TLC Diversified, Inc for Bid #2019067, Roseland Elevated Storage Tank Water Transmission Main Attachments: Staff Report Final Pay Application #6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS February 8, 2022 Page 2 of 4 10.C.1. Public Notice of Public Hearing for February 15, 2022, to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments for Street Paving in the Oslo Park Area Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Proposed Resolution in Support of Florida Forever Attachments: Commissioner's Memorandum Attachment - Pr000sed Resolution B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT February 8, 2022 Page 3 of 4 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a. m, Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m February 8, 2022 Page 4 of 4 S 14 PROCLAMATION HONORING EMMETT LANE WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Emmett Lane, the youngest of six siblings, was born in Adel, Georgia, on September 29, 1957, and brought to the Treasure Coast at one -and -a -half years of age, graduating from Vero Beach High School in 1975, and later marrying his wife, Letha; and WHEREAS, Emmett served as a volunteer firefighter for six years before he officially joined the South Indian River County Fire District on July 7, 1984, and continued with Indian River County Fire Rescue until the completion of his lengthy career on June 3, 2014, notably being honored as Firefighter of the Year in 1995; and WHEREAS, Emmett, as a Gifford Community Liaison, has worked tirelessly — and frequently behind the scene — as an advocate for increased voter registration, cleaner streets, and improved upkeep and drainage within the Gifford community; and WHEREAS, Emmett serves as a key figure in the development of the Gifford Community Culture and Resource Center and its efforts to construct a Cultural Center, including a library, studios, galleries, community meeting rooms, and an enhanced museum facility, while preserving the historic Old Macedonia Church, grave markers, trail, and existing amenities at Dr. Martin Luther King, Jr., Park; and WHEREAS, Emmett further contributes to his community as a member of the Free Mason Lodge and St. Peter's Missionary Baptist Church, where amongst many ministries he provides motorcycle funeral escorts for grieving families. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Emmett Lane have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for a lifetime of outstanding efforts on behalf of our community. Adopted this 8th day of February, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss PROCLAMATION CELEBRATING THE 50TH ANNIVERSARY OF LITERACY SERVICES OF INDIAN RIVER COUNTY WHEREAS, Literacy Services of Indian River County was founded in 1971 by Marie Banks, Helen Bradkins, Ann Hamner, Nat Jackson, Mary Lane MacMillan, Lolly Morgan, Cathy Moss, and Gertrude Terry to serve local adults seeking English language and literacy skills. The organization is celebrating its 50th Anniversary of service to Indian River County, and their mission is to deliver comprehensive and innovative learning opportunities to local adults seeking English language and literacy skills to achieve their goals; and WHEREAS, Literacy Services' vision is that all adults are empowered with the literacy ski:ls they need to thrive in our community. Their core values are empathy, inclusiveness, respect, collaboration and commitment; and WHEREAS, literacy is seen as a fundamental human right and the foundation for lifelong learning and it is fully essential to social and human development in its ability to transform lives; and WHEREAS, Literacy Services offers one-to-one tutoring, small group instruction, workplace literacy, conversation clubs and more so that local adults have the opportunity to learn English language skills at their pace to achieve theirgoals. Hundreds of local adults have been positively impacted by programs offered by Literacy Services. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March 7, 2022 be proclaimed Literacy Services' 50th Anniversary Day and call upon the people of Indian River County to observe this day by learnirg about the importance of adult literacy and how to help empower others with vital English languace and literacy skills. Adopted this 8th day of February, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 0 .0 W > Cof) to.— L- fv"O r- CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 31, 2022 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: Award of Bid 2022022 — Custodial Services for County Administration Complex BACKGROUND: On December 7, 2021, the Board of County Commissioners authorized staff to provide a 60 -day notice of intent to terminate the existing agreement with High Sources, Inc. for custodial services for the Administrative Complex, and to rebid tie services. The termination was effective Saturday, February 5, 2022. The term of the new award is one year, with two one-year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal would be in the best interest of the County. Staff proposes a start date of February 28, 2022. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Bid Documents Requested by Replies: Decembe- 7, 2021 January 11, 2022 162 Subscribers 19 Firms 13 Firms Bids for the responsive firms were provided to the department for review. Bidder's Name Location Total Annual Bid W & G Maintenance Corp Palm Bay $136,800.00 I ACP Facility Services, Inc. Woburn, MA $140,842.97 I Inside & Out Maintenance, LLC Port St. Lucie $156,000.00 I CER Signature Cleaning Vero Beach $169,680.00 I American Facility Services Alpharetta, GA $174,480.00 I Clean Space, Inc. Coral Springs $221,937.83 Mega Service Solutions, Inc. Tampa $292,572.00 Encompass On Site, LLC Fort Lauderdale $298,361.64 3 Bid 2021013 Bidder's Name Location Total Annual Bid Beachland Cleaning Service Vero Beach $319,499.76 Kleen-Tech Services, LLC Denver, CO $342,732.00 Kolla Service Kissimmee I DQ Seven Cleaning Service Palm Bay DQ Contractors Enterprises TallahGssee DQ ANALYSIS: The department determined W&G Maintenance Corp. to be non -responsible, based on prior service experience for Public Works/Facilities and Utilities. Staff is recommending award to ACP Facility Services, Inc., as the lowest, responsive, and responsible bidder. The new annual cost represents a four percent increase in the annual cost for the terminated contract, and a 45% decrease from the previous contract, awarded in 2018. FUNDING: Funding for the custodial services is available in the General Fund, Facilities Management — Janitorial Services account, 00122019-033410. RECOMMENDATION: Staff recommends the Board award bid 2022022 to ACP Facility Services, Inc., approve the sample agreement, and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency and after the required certificates of insurance have been received and approved by the Risk Manager. ATTACHMENT: Sample Agreement 4 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and ACP Facility Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS: A. Through the competitive Invitation to Bid (ITB) process, the COUNTY has selected CONTRACTOR to provide custodial services at the County Administration Complex as more fully set forth in Exhibit 1(Required Duties and Frequencies) and Exhibit 2 (Contractor's Bid Pricing) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County -owned facilities, as described in the Invitation to Bid document (ITB 2022022, issued on December 7, 2021). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 CONTRACTOR will provide services at the following facilities: County Administration Buildings A and B, 1800-180127 th St., Vero Beach, FL Health Department, 1900 27th St., Vero Beach, FL 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper c. Trash can liners d. Hand soap for dispensers 1 5 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the ITB. 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will be provided for the term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non -green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.6 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. 3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.8 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 3.9 Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E - Verify registration for all subcontractors. 2 6 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of one year, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 5. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate for the building the deficiency occurs and for the period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. 6. INSURANCE AND INDEMNIFICATION. 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. 6.2.2 General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily InjuryjProperty Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 3 7 6.3 Contractor's insurance coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Ma -iager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mu.ual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any a --t or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 4 8 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 7.8 TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boyco-t Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated December 15, 2020 (including addenda 1 through 4) shall be incorporated herein. 8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings cf any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other 5 9 party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Chuck Belcher 4305A 43rd Avenue Vero Beach, FL 32967 Facsimile: (772) 226-3495 cbelcher@ircgov.com Contractor: ACP Facility Services, Inc. Joseph Marchese 1 Merrill Street Woburn, MA 01801 Facsimile: (781) 932-0589 jmarchese@acpfacility.com 6 10 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY'S sovereign immunity. 9. CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Certificate(s) of Liability Insurance; (3) Invitation to Bid 2022022; (4) Addenda (numbers 1 to 4, inclusive); (5) CONTRACTOR'S Bid Form; (6) Qualifications Questionnaire; (7) Drug Free Workplace Form; (8) Affidavit of Compliance; (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (11) Certification Regarding Lobbying; (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; C) Change Order(s). 11 10. Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not -disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public reccrds disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsC@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 11. Federal Clauses 11.1 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: 8 12 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; 1quidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as appropriate. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as applicable. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 9 13 C. Energy Policy and Conservation Act – The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. D. Suspension and Debarment (1) This contract is a covered transactior for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that ar= EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, http://www.epa.gov/cps/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. F. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 10 14 G. DHS Seal, Logo, and Flags: The contractor shall not use Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. H. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. I. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. J. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. K. Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 11 15 This Agreement will be effective on February 28, 2022. OWNER: INDIAN RIVER COUNTY M Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L� Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptrcller Attest: Deputy Clerk (SEAL) CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest 12 16 Exhibit 1— Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily — Offices, Hallways and Common Areas • Empty trash cans; replace liners, police building perimeter for trash • Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones • Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). • Empty recycle containers and place materials in designated bins outside the building • Empty wastebaskets and remove trash from building (replace liners) • Vacuum all floors and corridors (both carpet and tile) throughout building Daily — Restrooms • Remove Trash • Restock Paper Towels • Restock Toilet Paper • Refill Soap Dispensers • Clean Mirrors • Damp Wipe Counters and Sinks • Sanitize Toilets • Sanitize Urinals • Clean Toilet Partitions • Sweep and Damp Mop Floors • Scrub Floors under Urinals • Clean Stainless with Stainless Cleaner Weekly • Spot clean all floors, including all offices • Dust all Flat Surfaces Monthly • Dust all a/c vents and wall mounted fixtures in all corridors and offices • Clean mildew off outside metal doors • Dust all furniture and window ledges • Damp wipe and sanitize inside and outside of waste receptacles • Wash and spray buff all vinyl floors in kitchen and elevators Quarterly • Strip and wax the floors • Dust light fixtures, window wills and blinds 13 17 Daytime Building Attendants: Administration Complex (Administration Buildings A and B and Health Department) Administrative Complex - The awarded con7ractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs as a part of this bid. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties: • Check and refill soap dispensers, toilet paper and paper towel dispensers. • Cleanup of spills and other emergency type cleaning duties. • Keep entrance doors and windows clean. • Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. • Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. 14 18 Exhibit 2 — Contractor's Bid Pricing Facility Monthly Amount Annual Amount County Administration Buildings A & B $9,412.77 $112,953.27 Health Department $2,324.14 $27,889.70 Total Amount $11,736.91 $140,842.97 Facility Per square foot rate County Administration Buildings A & B $0.70 Health Department $0.70 15 19 Exhibit 3 — Scheduled Holidays The following Holidays will be observed dur'Ing the initial term of the agreement (February 28, 2022 through February 27, 2023) 2022 Holiday County Observance New Year's Day Martin Luther King Jr. Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Years Day Martin Luther King Jr. Day Friday, December 31, 2021 (observed) Monday, January 17, 2022 Friday, April 15, 2022 Monday, May 30, 2022 Monday, July 4, 2022 Monday, September 5, 2022 Friday, November 11, 2022 Thursday, November 24, 2022 Friday, November 25, 2022 Friday, December 23, 2022 (observed) Monday, December 26, 2022 (observed) Monday, January 2, 2023 (observed) Monday, January 16, 2023 (anticipated) 16 20 1�b CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 1, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022029—Annual Right -of -Way Mowing BACKGROUND: On behalf of the Road and Bridge Division, annual bids were requested for contractors to perform mowing in six roadway right-of-way sections. This is a new bid, with term of award proposed to be one year, with the option of two one-year extensions, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. BID RESULTS: Advertising Date: December 21, 2021 Bid Opening Date: January 14, 2022 Demandstar Broadcast to: 227 Subscribers Bid Documents Obtained by: 17 Vendors Replies: 6 Contractors ANALYSIS: The invitation to bid noted that each section will be awarded in its entirety, with Contractors eligible to be awarded one or more sections. The bid documents also provided that the County reserves the right to award the work a manner that is in its best interest. Therefore, the department reviewed the bids and proposed distribution of the work among four contractors. The instances where the lowest bid is not recommended for award reflect a lack of evidence provided by the low bidder of sufficient staff and equipment to perform work in more than one Section. The annual bid totals for each of the six sections and staff's recommended award are shown on the table on the next page. 21 CONSENT The total quantities and pricing for each of the sections, as proposed for award are shown in the tnhlP hPIMA/ Section 1— Oslo Road, 27th Ave and 27th Ave SW Per cut price Quantity Total Annual Section 4 - Bid Section 1 - Vero Lake A. All Oslo Road Areas $1,162 24 Oslo Road Section 2 - Section 3 - Estates, SR Section 5 - Section 6 - Bidders Name and 27th 58th 66th 60 Medians North U.S. South U.S. Avenue/27th Avenue Avenue and SR 60 1 1 $1,600 Avenue SW $38,400 Section 3 — 66th Avenue Right -of - Quantity Total Annual Jeffery Hogues Lawncare Bid Way Jeffery Hogues A. All 66th Avenue Areas $1,250 24 $30,000 Lawncare — Vero $45,600.00 $27,600.00 $30,000.00 NB NB NB Beach Kerner Environmental $79.200.00 $47,520.00 $43,560.00 $51,480.00 $47,520.00 $35,640.00 - Stuart Brightview Landscape Services, Inc. —Vero $76,800.00 $38,400.00 $46,080.00 $80,640.00 $76,800.00 $38,400.00 Beach Juniper Landscaping of Florida, LLC —Vero $62,016.00 $79,920.00 $32,520.00 $92,088.00 $57,888.00 $25,560.00 Beach STS Maintain Services, $113,400.00 $46,200.00 $66,000.00 $103,800.00 $57,000.00 $66,600.00 Inc. —Palm City Titan Yard Maintenance — Vero $280,680.00 $107,688.00 $129,888.00 NB NB NB Beach The total quantities and pricing for each of the sections, as proposed for award are shown in the tnhlP hPIMA/ Section 1— Oslo Road, 27th Ave and 27th Ave SW Per cut price Quantity Total Annual Juniper Landscaping Bid A. All Oslo Road Areas $1,162 24 $27,888 B. All 27th Avenue/27th Ave SW Areas $1,422 24 $34,128 Total Annual Bid for Section 1 (sum of A and B) $62,016 Section 2 — 58th Avenue Per cut price Quantity Total Annual Brightview Landscape Services Bid A. All 58th Avenue Areas $1,600 24 $38,400 Section 3 — 66th Avenue Per cut price Quantity Total Annual Jeffery Hogues Lawncare Bid A. All 66th Avenue Areas $1,250 24 $30,000 F* CONSENT Section 4 —Vero Lake Estates and SR -60 Per cut price Quantity Total Annual Kerner Environmental Maintenance -581h Ave Mow & Landscape $66,681 Bid A. All Vero Lake Estates Areas $660 24 $15,840 B. All SR -60 Median Areas $825 24 $19,800 C. All SR -60 Right -of Way Areas $1,320 12 $15,840 Total Annual Bid for Section 4 (Sum of A, B, and C) $51,480 Section 5 — North U.S. 1 Per cut price Quantity Total Annual Kerner Environmental $20,790 Bid A. All North U.S. 1 Areas $1,980 24 $47,520 Section 6 —South U.S. 1 Per cut price Quantity Total Annual Juniper Landscaping Bid A. All South U.S. 1 Areas $1,065 24 $25,560 FUNDING: Estimated expenditures for the seven months of services for the remainder of FY21/22 are listed below. Account Number Account Description Available Balance Bid Cost for FY 21/22 11121441-034675 Maintenance -581h Ave Mow & Landscape $66,681 $22,400 11121441-034676 Maintenance -66th Ave & VLE Mow & Landscape $55,625 $26,740 11121441-034677 Maintenance -27th Ave Mow & Landscape $30,250 $19,908 11121441-034678 Maintenance -US 1 Mow & Landscape $48,125 $42,630 11121441-034681 Maintenance -Oslo Rd Mow & Landscape $21,062 $16,268 11121441-033490 Other Contractual Services $45,396 $20,790 RECOMMENDATION: Staff recommends the Board award Bid 2022029 to Juniper Landscaping of Florida, LLC (Sections 1 and 6), Brightview Landscape Services, Inc. (Section 2), Jeffery Hogues Lawncare (Section 3), and Kerner Environmental (Sections 4 and 5), and authorize the Purchasing Division to issue blanket purchase orders with the selected contractors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 23 �c Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THRU: Kristin Daniels, Director, OMB FROM: Cynthia Stanton, Risk Manager DATE: January 28, 2022 SUBJECT: Mediated Settlement; Johr_ny Thomas It is requested that the Board of County Commissioners consider the following Consent Agenda item at their February 8, 2022 regular meeting. Background On January 12, 2022 the Liability Claims Committee reviewed and recommended approval of a $65,000 settlement for Mr. Johnny Thomas' liability claim. Mr. Thomas was a passenger on a Go -Line bus when he fell over in his wheelchair and sustained injuries. The mediated settlement is inclusive of all costs and attorney's fees. Recommendation In keeping with administrative policy, staff now requests Board approval of this settlement in the amount of $65,000. Payment will be made from the Self Insurance Fund. 24 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E. PMP, Assistant Public Works Director FROM: Richard Reichenbach, P.E. Project Engineer SUBJECT: Final Payment, Release of Retainage and Change Order No. 1 4th Street Culvert Replacement at 90th Avenue (IRC -2022) DATE: February 8, 2022 DESCRIPTION AND CONDITIONS On June 15, 2021 Indian River County Commissioners awarded Bid No. 2021045 to Florida Site Contracting in the amount of $334,472.00 for the replacement of the 96 -inch culvert under 4th Street at 90th Avenue. Other work included was sheet piling, temporary canal bypass, earthwork, sodding, maintenance of traffic, and erosion control. Change Order No. 1 makes final adjustments to the contract bid items for a decrease to the total contract price by $50,000.00 and a decrease of $8,190.00 for contract time impacts resulting in a total contract price reduction of $58,190.00 for a final cost of $276,282.00. Florida Site Contracting has signed a settlement agreement acknowledging these terms. Florida Site Contracting has completed the project and has been paid $246,686.50 with $12,983.50 held in retainage to date. Florida Site Contracting has submitted Contractor's Application for Payment No. 4 for the amount of $29, 595.50 for final payment and release of retainage. FUNDING Funding is budgeted and available in: Optional Sales Tax, Road and Bridge/90th Account No. 31521441-066510-21008 Avenue Culvert Replacement $24,802.00 Optional Sales Tax Retainage, Road and Account No. 315-206000-21008 Bridge/90th Avenue Culvert $4,793.50 Replacement/Florida Site Contracting 25 Page Two Final Payment, Release of Retainage and CO 1, 4th Street Culvert Replacement at 901h Avenue (IRC -2022) BCC Meeting 2/8/2022 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 4 to Florida Site Contracting in the amount of $29,595.50 for final payment and release of retainage. ATTACHMENTS 1. Contractors Application for Payment No. 4 2. Change Order 1 3. Settlement Agreement APPROVED AGENDA ITEM FOR FEBRUARY 8, 2022 26 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 02/08/2022 IRC -2022 No. 1 EFFECTIVE DATE: 02/08/2022 OWNER: Indian River County CONTRACTOR Florida Site Contracting Project: 4TH STREET CULVERT REPLACEMENT AT 90TH AVENUE OWNER's Project No. IRC -2022 OWNER'S Bid No. 2021045 You are directed to make the following changes in the Contract Documents: Reason for Change Order: This project is complete. This change order is to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $334,472.00 Net Decrease from this Change Order $58,190.00 Contract Price with all approved Change Orders: $276,282.00 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (Days) Substantial Completion: 60 Final Completion: 90 Net increase from this Change Order (Days) Substantial Completion: 12 Final Completion: 18 Contract Time with all approved Change Orders: (Days) Substantial Completion: 72 Final Completion: 108 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Order Form — 00942 \\fleserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\2022 4th St Culvert Replacemerl at 90th Ave\1-Admin\Bids\Bid Documents\DIV 27 0 6 Conditions of the Contract - 20201118.docx CHANGE ORDER NO. 1 DESCRIPTION CF ITEMIZED CHANGES PROJECT NAME: 4th Street Culvert Replacement at 90th Avenue PROJECT NO. IRC- 2022 BID NO. 2021045 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease PAYMENT NOT MADE FOR PAY APP 4 LIQUIDATED DAMAGES 8,190,00 50,000.00 999-25 Force Account Ell SLBTOTALS 0.00 58,190.00 4TH STREET CULVERT REPLACEMENT AT 90TH AVE. TOTAL -$58,190.00 \\flasxver2 edmin.com\public\Public Waks\ENG I NEERING DIVISION W0JECTS\20224h St Cobert Replacement a19gM Are\t-AdminW da Items\Change Order,\change Order -Ina --g—— w w BOARD OF COUNTY COMMISSIONERS Public (Works Department 1801 27th .Street, Vero Bench, Florida 32960 Telephone 772-226-1379 January 12, 2022 Mr. Shane Barry Florida Site Contracting 866 11" Ct, SW Vero Beach, FL 32962 Dear Mr. Barry. VIA FED EX FAX: 772-778-9391 We have reviewed all of the documents which detail the work efforts made by Florida Site Contracting with respect to th construction of Indian River County (IRC) Project # 2022, 41r Street Culvert Replacement at 901' Avenue The Public Works Department has reviewed tie project records and found the following • At least (43) days of liquidated damages are justifiable under the contract provisions. Per Article 4.03 of the Publ Works Agreement. Indian River County will be imposing liquidated damages in the amount of $1,170 00 per de for a total of $50,310.00. Based upon the above noted review of the project records, and contract documents, the IRC Public Works Departmei has prepared an offer of final payment of $29,595.50 which includes work completed, final project retainage, an liquidated damages. A total of $8,190 from the final contract retainage amount ($14,223.60) will be withheld by the Own( in full and final satisfaction for all liquidated damages claims. The detailed pay item breakdown of this payment can b found in the attached `Payment Application — Final'. Please contact me if you wish to meet to discuss how the IRC Public Works Department has arrived at the following clos out amount. Please note that Indian River County reserves the right to seek the full amount of liquidated damages allowe by the Contract should Florida Site Contracting choose to reject this offer of settlement. If you accept this offer, please sign in the location below as acceptance of the offer and the enclosed Payment Applicatio and mail both to my office. The Board of County Commissioners will be the final authority for acceptance of this offer. Regards, bZ4✓, ✓ 13 2Z. Rich rd B. Szpyrka, PE Public Works Director Attachments #1 — Payment Application Final cc William K. DeBraal, Deputy County Attorney James W Ennis P E., Assistant Public Works Director 1AI---- Shane Bar President Florida S4,6Contracting SECTION 00622 - Contractor's Application for Payment 4TH STREET CULVERT REPLACEMENT AT 90TH AVENUE Application for Payment No. 4 For Work Accomplished through the period o 12/2/21 through 1/13/2022 To: Indian River County (OWNER) From: Florida Site Contracting (CONTRACTOR) Project No.: IRC -2022 Bid No.: 2021045 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $334,472.00 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): 334,472.00 4. Total completed and stored to date: 284,472.00 5. Retainage (per Agreement): Less Settled Liquidated Damages ($8,190.00) % of retainage: $ Tota' Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 276,282.00 7. Less previous Application for Payments: $ 246,686.50 8. DUE THIS APPLICATION (6 MINUS 7): $ 29,595.50 •zM, •1 •, UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for paymert have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to prcject or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Contractor's . F:\Public Works\ENGINEERING DIVISION PROJECTSQ022 4th St Culvert Replacement at 90th Ave\1-Admin\8 INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR Richard B.Dgaaay agnea by R,a,ab B. sWy—. P. E. Szpyrka, P. E. Dab 202201.2607.56:40-0500 DIV HEAD opitauy alpnea by Jamas W. Ennio James W. Ennis Data:2022 01.25 17:23:56.05'06 ACCT # 31521441-066510-21008 $ 02.00 ACCT # 315-206000-21008 $4,793.50 PROJECT NO IRC -2022 4th Street Culvert Replacement at 90th Avenue Pay App No. 4 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD Item No. UNIT QTY Unit Price Amount QUANTITY Amount QUANTITY Amount S 24.400.00 24,400.00 1.00 24,400.00 0.00 101-1 MOBIL IZATIOWDEMOBILIZATION LS 1 $ 4,80000 4,800.00 1.00 4,800.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS 1 PREVENTION, CONTROL AND ABATEMENT OF EROSION $ 4,00000 4,00000 100 4,000.00 0.00 104-1 AND WATER POLLUTION LS 1 $ 24,000 00 24,000.00 1.00 24,000.00 0.00 104-2 DEWATERING LS 1 MONITORING EXISTING STRUCTURES - INSPECTION AND $ 1,50000 1,500.00 0.75 1,125.00 0.25 375.00 108-1 SETTLEMENT MONITORING LS 1 S 3,000.00 3,000.00 1.00 3,000.00 0.00 110-1-1 CLEARING AND GRUBBING LS _ 1 $ 10.000.00 10,000.00 1.00 10,000.00 0.00 120-1 REGULAR EXCAVATION LS i $ 5.000 00 5,000.00 1.00 5,000.00 0.00 120-6 EMBANKMENT LS 1 $ 2500 3,025.00 121.00 3,025.00 0.00 160-4 TYPE B STABILIZATION 12- THICK, LBR 40 SY 121 $ 3500 4,235.00 0.00 0.00 121.00 4,235.00 285-706 OPTIONAL BASE, BASE GROUP 11 12' THICK LBR 100 SY 121 $ 3,000 00 3,00000 1.00 3,000.00 0.00 425-1-521 INLETS, DT BOT, TYPE C. <19 EA 1 $ 15600 4.99200 32.00 4.992.00 0.00 430-174-112 PIPE CULVERT, ROUND 12' SD PP CLASS 11 STORM LF 32 S 1.48000 153,920.00 93.60 138,528.00 10.40 15,392.0( 430-175-196 PIPE CULVERT ROUND, 96- SICD RCP LF 104 S 124.00 31,000.00 250.00 31,000.00 0.00 530-3-3 RIPRAP, RUBBLE, F81 BANK AND SLOPE TN 250 $ 70.00 2,800.00 40.00 2,800.00 0.00 530-3-4 RIPRAP, RUBBLE. FSI, DITCH LINING TN 40 S 400 1,000.00 0.00 0.00 250.00 1,000.00 570-1-2 PERFORMANCE TURF. SOD BAHIA SY 250 S 3,80000 3,800.00 0.00 0.00 1.00 3,800.00 999-1 AS -BUILT DRAWING BY REGISTERED SURVEYOR LS 1 284,472.00 259,670.00 24,802.0( 4th Street Culvert Replacement at 90th Avenue SUB TOTAL 999-25 FORCE ACCOUNT LS 1 50,000.00 50,000.00 0.00 0.00 TOTAL 334,472.00 TOTAL 259,670.00 TOTAL 24,80 43 DAYS BEHIND SCHEDULE (SUBSTANTIAL COMPLETION DATE DECEMBER 9, 2021) SUBSTANTIAL COMPLETION DEADLINE (OCTOBER 27,2021) SUB -TOTAL MATER CALCULATED LIQUIDATED DAMAGES $50,310.00 RE TOTAL CON ! 3 71 -- &2 A Richard B. SZyrka, P.E. Shane rry, President Public Works Director FloridaSite Contracting CONSENT INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: January 31, 2022 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: American Rescue Plan Act of 2021 — Small Business & Non -Profit Grant Program Update 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 the negative health and economic impacts of COVID-19. Indian River County's ARP allocation is $31,063,168, of which 50%, or $15,531,584 was received in May 2021, wife the remaining 50% estimated to be received in May 2022. The County has until December 31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust all funding. On August 17, 2021, the Board approved the initial ARP Spending Plan with $1,000,000 allocated to Small Business Grants and $500,000 allocated to Non -Profit Grants. In addition, the Board also allocated a portion of the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to the Small Business Grant Program in 2020, for a combined total of $3,720,000 for Small Business Grants and $500,000 for Non -Profit Grants. On November 16, 2021, the Board approved the Small Business Grant application deadline of November 19, 2021 and the Non -Profit Grant application deadline of December 15, 2021 with both programs to sunset on December 31, 2021. An exemption was granted for any applicants waiting on supporting documentation such as SAM.gov registration, to have through January 31, 2022 to submit a completed application. The Board requested Staff return with a program update on February 8, 2022. 32 ANALV91S: As of November 16, 2021, the County had provided assistance totaling $2,841,000 to 287 small businesses and $200,000 to 20 non-profit agencies. Since then, an additional $115,187 has been provided to 12 small businesses and $130,000 to 13 non-profit agencies. The grand total for the programs is as follows: Program Total Expended Total Entities Small Business Development Grants $2,956,187 299 Non -Profit Assistance Grants $330,000 33 Grand Total Small Business/Non-Profit Aid $3,286,187 332 County Staff is in receipt of three Non -Profit Grant Applications and one Small Business Grant application that have been deemed incomplete, as none contain an active SAM.gov registration. The non-profit applications were submitted before the December 15, 2021 deadline, while the small business application was submitted prior to the November 19, 2021 deadline. All agencies have had a minimum of six weeks after submitting their application to provide SAM.gov registration. This process takes approximately two weeks to complete. Both the SBDC and the Chamber have reached out to these applicants in an effort to finalize the applications, albeit unsuccessfully. RECOMMENDATION: Staff recommends that the Board approves no further processing of either Small Business Grant or Non -Profit Grant applications. M Non -Profit Grants Through February 1, 2022 Date Agency Amount Source 7/9/2021 Laura Riding Jackson Foundation Inc $ 10,000 ARP 7/19/2021 Gifford Youth Achievement Center Inc $ 10,000 ARP 7/19/2021 Mental Health Association of IRC Inc $ 10,000 ARP 7/20/2021 Cultural Council of IRC $ 10,000 ARP 7/20/2021 Senior Collaborative of IRC Inc $ 10,000 ARP 7/20/2021 Mental Health Collaborative of IRC Inc $ 10,000 ARP 7/26/2021 IRC Healthy Start Coalition $ 10,000 ARP 8/2/2021 Vero Heritage $ 10,000 ARP 8/10/2021 Environmental Learning Center Inc $ 10,000 ARP 8/25/2021 Vero Beach Theatre Guild Inc $ 10,000 ARP 8/25/2021 Literacy Services of IRC $ 10,000 ARP 8/25/2021 American Security Council Foundatior $ 10,000 ARP 9/1/2021 Camp Haven Inc $ 10,000 ARP 9/1/2021 Youth Guidance Donation Fund $ 10,000 ARP 9/27/2021 The Hope for Families Center Inc $ 10,000 ARP 9/27/2021 For the Love of Paws Senior Pet Sanctuary $ 10,000 ARP 9/27/2021 Main Street Vero Beach Inc $ 10,000 ARP 9/27/2021 Helping Animals Live -Overcome $ 10,000 ARP 9/27/2021 Education Foundation of Indian River County $ 10,000 ARP 10/11/2021 Miss B's Learning Bees $ 10,000 ARP 12/1/2021 Kashi Church Foundation Inc $ 10,000 ARP 12/1/2021 United Way of Indian River County $ 10,000 ARP 12/1/2021 Indian River Lacrosse Association, Inc. $ 10,000 ARP 12/1/2021 The Gifford Youth Orchestra $ 10,000 ARP 12/13/2021 Caring Center For Women $ 10,000 ARP 1/21/2022 McKee Botanical Garden, Inc. $ 10,000 ARP 1/21/2022 Indian River County Veterans Mall Foundation, Inc. $ 10,000 ARP 1/21/2022 Pathway Church $ 10,000 ARP 1/21/2022 Crossover Mission, Inc. $ 10,000 ARP 1/31/2022 Sebastian River Rowing, Inc. $ 10,000 ARP 1/31/2022 The Learning Alliance, Inc. $ 10,000 ARP 1/31/2022 Dasie Bridgewater Hope Center, Inc. $ 10,000 ARP 1/31/2022 Bike Walk Indian River County, Inc. $ 10,000 ARP Total Non -Profit Funding $ 330,000 34 Small Business Grants Through February 1, 2022 Date Business Amount Source 8/14/2020 Baci Trattoria, Inc. $ 10,000.00 CARES 8/14/2020 Rosie Malloy's Pub $ 10,000.00 CARES 8/14/2020 Beach Bites $ 10,000.00 CARES 8/14/2020 The Amalfi Grille $ 10,000.00 CARES 8/14/2020 Wabasso Beach Shop $ 10,000.00 CARES 8/18/2020 Orchid Island Brewery $ 10,000.00 CARES 8/27/2020 Sail Moonraker $ 10,000.00 CARES 8/27/2020 Sea Spray Inn $ 10,000.00 CARES 8/27/2020 Sean Ryan Pub $ 10,000.00 CARES 8/27/2020 Blue Agave $ 10,000.00 CARES 8/27/2020 Walking Tree Brewery $ 10,000.00 CARES 9/1/2020 The Saussie Pig Catering & Events, LLC $ 10,000.00 CARES 9/1/2020 Travel Expression, Inc. $ 10,000.00 CARES 9/4/2020 LaTabla Restaurant $ 10,000.00 CARES 9/4/2020 Orchid Gourmet $ 10,000.00 CARES 9/4/2020 Frosting, LLC $ 10,000.00 CARES 9/4/2020 Paddles by the Sea $ 10,000.00 CARES 9/4/2020 Vero Bowl $ 10,000.00 CARES 9/10/2020 Fishack $ 10,000.00 CARES 9/10/2020 Just Bumminit, LLC $ 10,000.00 CARES 9/10/2020 River Twist $ 10,000.00 CARES 9/10/2020 Grind & Grape LLC $ 10,000.00 CARES 9/10/2020 Pizzoodles $ 10,000.00 CARES 9/10/2020 Poland Culinary Vacations $ 10,000.00 CARES 9/10/2020 Sandy's Grille $ 10,000.00 CARES 9/10/2020 Wood n Spoon LLC $ 10,000.00 CARES 9/17/2020 Cafe 66 $ 10,000.00 CARES 9/17/2020 Palato Cafe $ 10,000.00 CARES 9/17/2020 Sangha Tours $ 10,000.00 CARES 9/17/2020 The Italian Kitchen $ 10,000.00 CARES 9/17/2020 What -A -Tavern $ 10,000.00 CARES 9/17/2020 Dinner Revolution LLC $ 10,000.00 CARES 9/17/2020 Elizabeth D. Kennedy Catering $ 10,000.00 CARES 9/21/2020 Kata Japanese & Thai $ 10,000.00 CARES 9/21/2020 Red Onion Eatery $ 10,000.00 CARES 9/21/2020 Sake Japanese & Thai $ 10,000.00 CARES 9/21/2020 Tiki Bar & Grill $ 10,000.00 CARES 9/21/2020 Chive, LLC $ 10,000.00 CARES 9/21/2020 Down Sea Charters LLC $ 10,000.00 CARES 9/21/2020 Kilted Mermaid, Inc. $ 10,000.00 CARES 9/30/2020 Chronic Tacos $ 10,000.00 CARES 9/30/2020 Edgewood Eatery $ 10,000.00 CARES 35 Small Business Grants Through February 1, 2022 Date Business Amount Source 9/30/2020 Island View Cottages at Sebastian $ 10,000.00 CARES 9/30/2020 Kelley's Irish Pub $ 10,000.00 CARES 9/30/2020 Kountry Kitchen with Love $ 10,000.00 CARES 9/30/2020 Magic Carpet Ride $ 10,000.00 CARES 9/30/2020 MM&A Food Group, LLC $ 10,000.00 CARES 9/30/2020 Prestige Travel $ 10,000.00 CARES 9/30/2020 Sea Horse Beach Cottages $ 10,000.00 CARES 9/30/2020 Ski's Hideaway $ 10,000.00 CARES 9/30/2020 Snowballs $ 10,000.00 CARES 9/30/2020 Barwick Entertainment $ 10,000.00 CARES 9/30/2020 Catering by Adrienne Drew & The Gourmet Sandwich Shop $ 10,000.00 CARES 9/30/2020 Ono Luau, LLC $ 10,000.00 CARES 9/30/2020 Sharkbait International, Inc. $ 10,000.00 CARES 9/30/2020 Verola Studio, LLC $ 10,000.00 CARES 10/2/2020 Uncle Sam's Bru Hass $ 10,000.00 CARES 10/6/2020 Beach Bagel Cafe $ 10,000.00 CARES 10/6/2020 Holiday Inn Express $ 10,000.00 CARES 10/9/2020 American Nails $ 10,000.00 CARES 10/9/2020 Orchid Travel of VB, Inc. $ 10,000.00 CARES 10/9/2020 Pop's Ice Cream $ 10,000.00 CARES 10/9/2020 The Crab Stop Seafood Bar & Grill II LLC $ 10,000.00 CARES 10/9/2020 Miss Saigon Restaurant $ 10,000.00 CARES 10/13/2020 A Pampered Life $ 10,000.00 CARES 10/13/2020 Michael's on 7th $ 10,000.00 CARES 10/13/2020 Post & Vine $ 10,000.00 CARES 10/13/2020 Art Works of Vero LLC $ 10,000.00 CARES 10/15/2020 Lara's Theme $ 10,000.00 CARES 10/15/2020 Ticket to Paradise Travel, Inc. $ 10,000.00 CARES 10/19/2020 Moe's Family Deli, Inc. $ 10,000.00 CARES 10/20/2020 Rack'm Sports Bar $ 10,000.00 CARES 11/2/2020 Luxury Nail Spa $ 10,000.00 CARES 11/2/2020 Oscar Nails Spa $ 10,000.00 CARES 11/3/2020 USA Nails $ 10,000.00 CARES 11/3/2020 A Closet Enterprise, Inc $ 10,000.00 CARES 11/3/2020 Cathy Woodby Hair Studio, Inc $ 10,000.00 CARES 11/4/2020 East Harbor Music, LLC $ 10,000.00 CARES 11/4/2020 Foxy Nails & Spa $ 10,000.00 CARES 11/4/2020 Level Yoga, LLC $ 10,000.00 CARES 11/5/2020 Howard Johnson Inn $ 10,000.00 CARES 11/6/2020 Julia Calahan Hair Design $ 10,000.00 CARES 11/9/2020 Florida Juice Company $ 10,000.00 CARES 11/9/2020 Dave's Sporting Goods $ 10,000.00 CARES 36 Small Business Grants Through February 1, 2022 Date Business Amount Source 11/9/2020 Magnolia Manor Vero Beach $ 10,000.00 CARES 11/10/2020 Fun City Entertainment Corp $ 10,000.00 CARES 11/12/2020 Cravings & The Beached Whale $ 10,000.00 CARES 11/18/2020 Hampton Inn & Suites Vero Beach Downtown $ 10,000.00 CARES 11/18/2020 Good Life Fitness, LLC $ 10,000.00 CARES 11/18/2020 Michelle Thompson $ 10,000.00 CARES 11/18/2020 Tiffany Nails & Spa, LLC $ 10,000.00 CARES 11/19/2020 East Coast Encore, LLC $ 10,000.00 CARES 11/19/2020 Lester Tyson Guide Service LLC $ 10,000.00 CARES 11/19/2020 M.Maison LLC $ 10,000.00 CARES 11/23/2020 JAS Fitness LLC $ 10,000.00 CARES 11/25/2020 Allure $ 10,000.00 CARES 11/25/2020 K Nails $ 10,000.00 CARES 11/25/2020 Healthy Nails $ 10,000.00 CARES 11/25/2020 Royal Day Spa & Nails Inc. $ 10,000.00 CARES 11/25/2020 Scott Finney Photography $ 10,000.00 CARES 11/25/2020 Tip Top Nails of Summer, Inc. $ 10,000.00 CARES 11/30/2020 Certified Pedorthic Services LLC $ 10,000.00 CARES 12/1/2020 Tea and Chi $ 10,000.00 CARES 12/1/2020 Vero Cafe LLC $ 10,000.00 CARES 12/1/2020 Bridal Suite, Inc $ 10,000.00 CARES 12/1/2020 Dalei Saleh $ 10,000.00 CARES 12/1/2020 Gallery 14 LLC $ 10,000.00 CARES 12/1/2020 Smiley Riley's Ice Cream, LLC $ 10,000.00 CARES 12/1/2020 Sweet Kiss Ice Cream, Inc $ 10,000.00 CARES 12/1/2020 Tropical Smoothie of Indian River County $ 10,000.00 CARES 12/2/2020 Hurricane Wings $ 10,000.00 CARES 12/2/2020 Fine Stitch Custom Embroidery $ 10,000.00 CARES 12/2/2020 Sweet Science VB $ 10,000.00 CARES 12/7/2020 Maison Beach $ 10,000.00 CARES 12/7/2020 Melody Music $ 10,000.00 CARES 12/7/2020 Reardin Creative LLC $ 10,000.00 CARES 12/7/2020 Slice of Paris French Pastry Shop $ 10,000.00 CARES 12/7/2020 Airbooat Wilderness Rides Inc. $ 10,000.00 CARES 12/7/2020 Elizabeth's Consignments LLC $ 10,000.00 CARES 12/7/2020 Frances Brewster, Inc $ 10,000.00 CARES 12/7/2020 Men's Hair by Suette, LLC $ 10,000.00 CARES 12/9/2020 Cozy Coastal Consignment $ 10,000.00 CARES 12/9/2020 Clipperhandz Permier Cuts, Inc. $ 10,000.00 CARES 12/9/2020 Eva's Polish Kitchen, LLC $ 10,000.00 CARES 12/9/2020 Veolcity 1 Fitness Inc $ 10,000.00 CARES 12/10/2020 Traci Bridgeman $ 10,000.00 CARES 37 Small Business Grants Through February 1, 2022 Date Business Amount Source 12/14/2020 Captain Bob's Airboat Adventure Tours LLC $ 10,000.00 CARES 12/14/2020 The Mane Attraction $ 10,000.00 CARES 12/14/2020 Captain Clean LLC $ 10,000.00 CARES 12/14/2020 Carlsward Farms LLC $ 10,000.00 CARES 12/14/2020 Estate Jewelry of Orchid Island, Inc. $ 10,000.00 CARES 12/14/2020 Once Upon a Thyme $ 10,000.00 CARES 12/14/2020 Sweet Creations Vero Beach $ 10,000.00 CARES 12/14/2020 Wax Records Inc $ 10,000.00 CARES 12/15/2020 Giordano's Italian Deli $ 10,000.00 CARES 12/15/2020 Oceanaire Motel $ 10,000.00 CARES 12/15/2020 Vero Beach Party Rentals (elegant events) $ 10,000.00 CARES 12/16/2020 Ditch 13 Gallery & Gifts $ 10,000.00 CARES 12/16/2020 Endorphosis, LLC $ 10,000.00 CARES 12/16/2020 Our Helping Hands $ 10,000.00 CARES 12/18/2020 Scot -American Travel Advisors $ 10,000.00 CARES 12/18/2020 Adrenaline Martial Arts & Fitness Inc $ 10,000.00 CARES 12/18/2020 Nails Salon & Spa by Thu's Inc (Regal Nails) $ 10,000.00 CARES 1/4/2021 Bandwagon Music Studio $ 10,000.00 CARES 1/4/2021 Classy Cupcakes $ 10,000.00 CARES 1/4/2021 Joey's Seafood Shack, LLC $ 5,000.00 CARES 1/4/2021 Kidz Closet of Vero Beach $ 10,000.00 CARES 1/4/2021 Polo Grill $ 10,000.00 CARES 1/4/2021 Sealantro, LLC $ 10,000.00 CARES 1/4/2021 The Laughing Dog Gallery, Inc. $ 10,000.00 CARES 1/4/2021 Tide Thief Fishing Charters LLC $ 10,000.00 CARES 1/4/2021 Always in Bloom Florist, Inc. $ 10,000.00 CARES 1/4/2021 Ecotone Farm $ 10,000.00 CARES 1/4/2021 Gloria's Healthy Hut, Inc. $ 10,000.00 CARES 1/4/2021 Hair Envy Inc. $ 10,000.00 CARES 1/4/2021 Idlewild Co, Inc. $ 10,000.00 CARES 1/4/2021 Joey's Downtown barbershop LLC $ 10,000.00 CARES 1/4/2021 Kool Stuff LLC $ 10,000.00 CARES 1/4/2021 Vero Beach Book store $ 10,000.00 CARES 1/4/2021 Waldo's Secret Garden $ 10,000.00 CARES 1/12/2021 Paul Tanner $ 10,000.00 CARES 1/15/2021 Coco's Consignment $ 10,000.00 CARES 1/15/2021 Lift Fitness $ 10,000.00 CARES 1/15/2021 Signature Salon & Spa of Florida $ 10,000.00 CARES 1/19/2021 Sniders Custom Window Decor Llc $ 10,000.00 CARES 1/19/2021 T & L Nails $ 10,000.00 CARES 1/19/2021 Treasure Coast Concessions Llc $ 10,000.00 CARES 1/21/2021 Top Choice Meats, Inc $ 10,000.00 CARES Small Business Grants Through February 1, 2022 Date Business Amount Source 1/22/2021 2 Aquarian Brothers Llc $ 10,000.00 CARES 1/22/2021 Indian River Tours LLC $ 10,000.00 CARES 1/25/2021 EI Cuubano B.Y. Corp $ 10,000.00 CARES 1/25/2021 Orangethoery Fitness Vero Beach $ 10,000.00 CARES 1/25/2021 Royal Cut Barber Shop $ 10,000.00 CARES 1/25/2021 Salone Essential $ 10,000.00 CARES 1/25/2021 Springhill Suites by Marriott $ 10,000.00 CARES 1/25/2021 Star Suites By Riverside Theatre, Llc $ 10,000.00 CARES 1/26/2021 Captain T. Fred's Fishing Charter $ 10,000.00 CARES 1/26/2021 Jaycee Park Seaside Grill $ 10,000.00 CARES 1/26/2021 Salon Essential $ 10,000.00 CARES 1/26/2021 Steven's Printing $ 10,000.00 CARES 1/26/2021 Sun Market Sauce Co $ 10,000.00 CARES 1/27/2021 Lori Simmons $ 10,000.00 CARES 1/27/2021 Teresa Rodgers $ 10,000.00 CARES 2/1/2021 Hanlon's Mens Store $ 10,000.00 CARES 2/1/2021 Maximum Velocity Gymnastics, Inc $ 10,000.00 CARES 2/1/2021 Simons Sweat Shop $ 10,000.00 CARES 2/1/2021 The Bamboo Dojo, Inc. $ 10,000.00 CARES 2/1/2021 Wes's Backyard BBQ $ 10,000.00 CARES 2/3/2021 Andrea's Skincare $ 10,000.00 CARES 2/3/2021 Big Foot Fitness, Inc. $ 10,000.00 CARES 2/3/2021 Complete Foot Solutions, LLC $ 10,000.00 CARES 2/3/2021 ML Cultura Mexicana $ 10,000.00 CARES 2/3/2021 Nichole Marie Boudoir $ 10,000.00 CARES 2/3/2021 Nitou's Beauty Supply, Inc. $ 10,000.00 CARES 2/3/2021 Penny Hill Subs, Inc. $ 10,000.00 CARES 2/3/2021 Scampi Seafood Grill, Inc. $ 10,000.00 CARES 2/8/2021 The Grove Partners LLC $ 10,000.00 CARES 2/11/2021 Beach Barber Shop $ 10,000.00 CARES 2/11/2021 C & C Salon, Inc. $ 10,000.00 CARES 2/11/2021 Cutting Edge Salon & Spa $ 10,000.00 CARES 2/11/2021 Dj Bodega, Llc $ 10,000.00 CARES 2/11/2021 Garden Of Eshter, Inc. $ 10,000.00 CARES 2/11/2021 Jennifer J Events $ 10,000.00 CARES 2/11/2021 Linda's Comfort Kitchen $ 10,000.00 CARES 2/11/2021 Must Love Travel, LLC $ 10,000.00 CARES 2/11/2021 Pear & thorn Productions, LLC $ 10,000.00 CARES 2/11/2021 Titi's Nails, Inc. $ 10,000.00 CARES 2/11/2021 Vero Nails Salon $ 10,000.00 CARES 2/15/2021 Dermatherapy, Inc. $ 10,000.00 CARES 2/15/2021 Elle 7 Twenty Salon & Spa LLC $ 10,000.00 CARES 39 Small Business Grants Through February 1, 2022 Date Business Amount Source 2/15/2021 John Michael Matthews Fine Jewelry $ 10,000.00 CARES 2/15/2021 Nautica Salon & Spa $ 10,000.00 CARES 2/15/2021 Pam's Black Magic Hair Salon, LLC $ 10,000.00 CARES 2/15/2021 Posh $ 10,000.00 CARES 2/15/2021 Sacred dagger Tattoo Studio LLC $ 10,000.00 CARES 2/15/2021 Sebastian Reel Cuts $ 10,000.00 CARES 2/15/2021 Sterling Regional Merchant Services, Inc. $ 10,000.00 CARES 2/15/2021 Vitalic Studio, LLC $ 10,000.00 CARES 2/16/2021 Indian River Bikram Yoga, LLC $ 10,000.00 CARES 2/16/2021 Labels Timeless Clothing, LLC $ 10,000.00 CARES 2/16/2021 Lucy Lake $ 10,000.00 CARES 2/16/2021 Solo Salon Studios $ 10,000.00 CARES 2/16/2021 Violet & Company Hair Design $ 10,000.00 CARES 2/17/2021 Hai Tran $ 10,000.00 CARES 2/18/2021 J's Flowers & Decor $ 10,000.00 CARES 2/18/2021 Quality Cuts $ 10,000.00 CARES 2/18/2021 The Stamp Bar, LLC $ 10,000.00 CARES 2/19/2021 A Kitchen of Her Own, LLC $ 10,000.00 CARES 2/19/2021 Tiffany Salon & Spa, Inc $ 10,000.00 CARES 2/22/2021 10596 Salon & Boutique $ 10,000.00 CARES 2/22/2021 Luxury Nail & Spa by Leslie, Inc. $ 10,000.00 CARES 2/25/2021 Hutchinson's Floral. Inc. $ 10,000.00 CARES 2/25/2021 Three Suites Management LLC $ 10,000.00 CARES 2/26/2021 Southern Social $ 10,000.00 CARES 2/26/2021 Wild Thyme Catering LLC $ 10,000.00 CARES 3/12/2021 Blue Star Brasserie $ 10,000.00 CARES 3/12/2021 Roth Martial Arts, Inc $ 10,000.00 CARES 3/12/2021 Tip Toe Nails $ 10,000.00 CARES 4/6/2021 Dizzy Notes LLC $ 10,000.00 CARES 4/6/2021 Hair by Teresa $ 10,000.00 CARES 4/6/2021 Pineapples Inc $ 10,000.00 CARES 4/12/2021 Pelican Diner $ 3,000.00 CARES 4/12/2021 Bobby Owen $ 10,000.00 CARES 4/12/2021 Charles B Seager $ 10,000.00 CARES 4/12/2021 Food Mongul Inc. $ 10,000.00 CARES 4/12/2021 Paradise Flea Market $ 10,000.00 CARES 4/12/2021 Robert M Bunker $ 10,000.00 CARES 4/12/2021 Tobias M Williams $ 10,000.00 CARES 4/21/2021 Propulsion AV LLC $ 10,000.00 CARES 4/23/2021 Henry Florian $ 10,000.00 CARES 4/27/2021 Kim's CoreFit LLC $ 10,000.00 CARES 4/27/2021 Ray McLendon $ 10,000.00 CARES 40 Small Business Grants Through February 1, 2022 Date Business Amount Source 5/3/2021 Focal Point Services LLC $ 10,000.00 CARES 5/3/2021 Kinosi Photography $ 10,000.00 CARES 5/3/2021 San Juanita Almanza $ 10,000.00 CARES 5/3/2021 The Pizza Guys LLC $ 10,000.00 CARES 5/17/2021 Panna LLC $ 10,000.00 CARES 6/15/2021 Beauty Beach Salons Inc $ 10,000.00 CARES 6/15/2021 Jonathan Dalessio $ 10,000.00 CARES 6/15/2021 Kkort Inc $ 10,000.00 CARES 6/15/2021 Linda Kimes $ 10,000.00 CARES 6/15/2021 MarkusJ Murphy $ 10,000.00 CARES 6/15/2021 Robin Thacker $ 10,000.00 CARES 6/15/2021 The Hair Shop for Men LLC $ 10,000.00 CARES 6/15/2021 Valerie C Tucker $ 10,000.00 CARES 6/23/2021 Matthew Fulcher $ 10,000.00 CARES 6/23/2021 Sala Bella Cassetti $ 10,000.00 CARES 6/23/2021 Thomas P Smith $ 10,000.00 CARES 6/23/2021 Your Barmate LLC $ 10,000.00 CARES 6/28/2021 Lois 10th Avenue Salon $ 10,000.00 CARES 7/9/2021 Cloud 9 Event Studio $ 10,000.00 CARES 7/9/2021 Off the Top Grooming $ 10,000.00 CARES 7/23/2021 Natural Resource Network Inc $ 10,000.00 CARES 7/26/2021 K & B Enterprise Corp $ 10,000.00 ARP 8/9/2021 Hello Gorgeous Salon & Spa $ 3,000.00 ARP 8/9/2021 Lovi Entertainment $ 10,000.00 ARP 8/9/2021 Walsh & Palmer Promotions LLC $ 10,000.00 ARP 8/16/2021 Patriot Productions LLC $ 10,000.00 ARP 9/8/2021 Griff Go LLC $ 2,000.00 CARES 9/8/2021 Griff-Go LLC $ 8,000.00 ARP 9/13/2021 SYNC IT UP! Inc. $ 10,000.00 ARP 9/14/2021 Got A Guest $ 10,000.00 ARP 9/14/2021 Ryan A Jurgen $ 10,000.00 ARP 9/17/2021 Emanuel Moreira $ 10,000.00 ARP 9/21/2021 Mobile Wellness Support $ 10,000.00 ARP 9/30/2021 Nature Farms Inc, $ 10,000.00 ARP 10/25/2021 Serendipity Boutique & Spa Inc. $ 10,000.00 ARP 11/17/2021 Sandbar Sunday Outfitters LLC $ 10,000.00 ARP 1.1/23/2021 The Caribbean Court Boutique Hotel $ 10,000.00 ARP 12/13/2021 Maison Matinique Restaurant $ 10,000.00 ARP 12/28/2021 Vero Ice Sculpture $ 5,187.00 ARP 12/28/2021 Anastasia's Art $ 10,000.00 ARP 1/5/2022 ifundraiser.com $ 10,000.00 ARP 1/12/2022 Ay! Jalisco III, Inc. $ 10,000.00 ARP 41 Small Business Grants Through February 1, 2022 Date Business Amount Source 1/12/2022 Into International Restaurant $ 10,000.00 ARP 1/12/2022 Riverside Cigar Bar, LLC $ 10,000.00 ARP 1/20/2022 Ay! Jalisco II, Inc. $ 10,000.00 ARP 1/20/2022 Ay! Jalisco, Inc. $ 10,000.00 ARP 1/31/2022 Owens Custom Rugs $ 10,000.00 ARP Total Small Business Funding $ 2,956,187 42 CONSENT: 2/8/2022 Office of Flt� INDIAN RIVER COUNTY 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: January 31, 2022 ATTORNEY RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. FUNDING: The only cost associated with this item is the advertising cost for the public hearing which is estimated to be no more than $150.00 and is available from General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. REQUESTED ACTION: Authorize staff to advertise for a public hearing on March 1, 2022 to amend Section 100.03(4) of the Indian River County Code. 43 sG Indian River County, Florida Department of Utility Services Board Memorandum Date: January 18, 2022 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared by: Terry Southard, Operations Manager Subject: Final Pay to TLC Diversified, Inc for Bid #2019067, Roseland Elevated Storage Tank Water Transmission Main Descriptions and Conditions: On October 1, 2019, the Board of County Commissioners (BCC) approved Bid #2019067 to TLC Diversified, Inc., (TLC) for $298,000.00 to install a water transmission main to the Roseland elevated storage tank. The project has since been completed. Analysis: TLC has submitted Payment Request No. 6 for $4,900.00 for final pay and release of retainage of $14,501.30. Kimley-Horn and Associates (KHA) has recommended approval of the final payment and release of retainage. To date, TLC has been paid $275,524.62. Payment in the total amount of $19,401.30 will complete the county's obligation to the contractor. Funding: Funds in the amount of $4,900.00 for the final pay are in the Utilities operating fund under Utilities/WIP/Roseland Tank Retro to Pump, account number 471-169000-17517. Funds in the amount of $14,501.30 for the release of retainage is in the Utilities operating fund under Utilities/Retainage/Roseland Tank Retr/Retainage-TLC Diversified, account number 471-206000-17517. Utilities operating funds are generated from waver and sewer revenues. Description Account Number Amount Utilities /Roseland Tank Retro to Pump 471-169000-17517 $ 4,900.00 Utilities/Retainage/Roseland Tank Retr/Retainage-TLC Diversified 471-206000-17517 $14,501.30 Total $19,401.30 Recommendation: Staff recommends that the Board of County Commissioners approve the final pay and release of retainage to TLC Diversified, Inc., for a total of $19,401.30. Attachments: Final Pay Application #6 44 APPLICATION FOR PAYMENT NO. 6F To: Indian River County Utilities OWNER From: TLC Diversified, Inc._ (CONTRACTOR) Contract:` PROJECT: Roseland Elevated Storage Tank Water Transmission Main OWNER's Contract No. 2019-067 For Work accomplished through the date of: 1213112021 1. Original Contract Price: 2. Net change by Change Orders and Written Ame-idments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): _0.00% % of Completed Work: $0.00 0.00% % of Stored Materials $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Apllications for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $19,401.30 Accompanying Documentation: See attached Sheets. $298,000.00 $298,000.00 $294,925.92 $2941925.92 $275,524.62 CONTRACTOR'S Certification The undersigned CONTRACTOR certifies that (1) title m all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Payment is accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed below: NONE Dated 01/05/22 TLC Diversified, Inc. JT_ C TRACTOR By: /G Mark Selph, Operations A1. ager State of Florida County of Manatee Subcribed to before 5 LAUREN MOOOVERN and sworn me this Notary Public da of � Y U Q 2022 °� o State of Florida �0-u�ti f' C OhL�r1 s�Nct t9 Commt# HH2O2764 Expires 11/29/2025 Notary Public My Commision expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ENGINEER By: U 1/3 1 /2o2Z EJCDC No. C -700-E (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 00800-26 Printed : 1/5/2022 Page 1 of 5 TLC Job 19-13-01 45 T Q M C6 O U J F -- to O N d tT co (Z N N O N d C .1 CL o 0 0 0 0 0 o o a o o o 0 0 0 c E o 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 d a U V 000 r r r O r O r O r C 0 r r 0 0 O0 r r O r O r O r O r O r O 000<D 0 O C 0 0 0 0 0 0 cc O O O C 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 O r- ooci o0 00000000 00 a o o N E 0 0 0 co 0 00 0 0 o p o 00 0 0 O p m N M O C.) •- r O O C C LQ Lo O W 00 O a O n N W m O r- r ri M w w o r cD c0 ci to c: Oi p" Q ce) fA NA V! fit 64 ti N tt? 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Q dm O c m = �U �tlrQ� m i c� rn O C R O p y d 0 h N O d Cd N od 3 .� p d W oi5 .N- m m O NLo dW cZ oa °� iV r �' y av E t' m 1- c`o �a E �a w c C c N O d O U) N 0.2 N d- rp din =1t6 p f0 �Q m a 0 CIn -j'SStigC) yZ r- N M ej to CO ti O O1 O •- N M �t t0 N N N N N N N N N M N M T Q M C6 O U J F -- to O N d tT co (Z N N O N d C .1 47 § / a 2 S28 2 ,; G G q q 7 kGG % ui § a k ¢§k j a, to ¥: &m£a / &i 04 ®®Q m . � CD K q ! q § § S k . $ E 2 G q .@ 7 \G# @ C) k C' \ /// m w ) R &2q \ Q � 2 f m _ S S q kGG @ \ k ¢/ \ \kk 2 ®meq m % � f Q CD S q J\GG k 2 §R§KLU E R R ®R©e R m CN a � 0 z , LU - - - -- � Rggg § �$ 2 G 5 ■ , & « J w ■ LL 3 t / d ( 2 S9 - ■ © ° J 2 \ f % 23 ch E° § t a k % u 2.§ 7 g ¥ 0 w0 U.2 _ / D ƒ 2 o = k U) \�\ \ A§Ek LL RRGg%K§g2 RR3E±2§E»c22�� §) 47 § / a e4 N 44 w CN to 44 400, m LijO Ci O --- -- ----- E Y20 E Q' N v 0 0 E GI 0 co O ---- - — - ---- CL LU IL 0 Li W J U LL N IZ ca F- #t p p m W 0 J w c. _ c O N CO) �+ m Z 0. J N W p J Q Ir z � a— W Q w O. >a W WaU. U N it H O J U) p LL O Li Lu LU uj -i a� W M ui " o c > z Z V N v Z O H Q W a U J a a y a a a a Y C O � r d L w z O _Q N a a m '0 � g 130 W 'a c m m 0 a: w Zc FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that TLC Dversified. Inc (TLC), (Company Name) The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. For all in consideration of Two hundred ninety four thousand nine hundred twenty rive and ninety two dollars ($ 294,925.92 ) (Total Amount of Contract) paid to TLC by receipt of which is hereby acknowledged, (Contractor) do We hereby release and quit claim to the OWNER, its successors (I/We) or assigns, all liens, lien rights, claims or demands of any kind whatsoever which We now have or might have against the property, building, and/ or (IMJe) for any incidental expense for the construction of (Project Number) Roseland Elevated Storage Tank Water Transmission Main (Project Name) IN WITNESS WHEREOF I have hereunto set my hand and seal this 6th day of January 20 22 . (SEAL) BY WITNESS: Title Chi -P -P P"r" 00800-29 50 CONSENT OF SURETYCOMPANY TO FINAL PAYMENT AIA Document G707 Own9r ❑ ArcWtact ❑ Contractor ❑ Surety ❑ Other ❑ Bond No. 050893N PROJECT: Roseland Elevated Storage Tank Water Transmission Main TO (Owner) ARCHITECT'S PROJECT NO: 2019-067 Indian River County Utilities 1801 27'h Street Vero Beach, FL 32960 CONTRACT FOR: Roseland Elevated Storage Tank Water Transmission Main CONTRACTOR: TLC Diversified, Inc. 2719 1711 Street East Palmetto, FL 34221 CONTRACT DATE: October 10, 2019 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Westfield Insurance Company PO Box 5001 Westfield Center, OH 44251 SURETY COMPANY, on bond of (here insert name and address of Contractor) TLC Diversified, Inc. 2719 171" Street East Palmetto, FL 34221 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 7'h day of January, 2022. Attest: as per attach Power of Attorney (Seal): Certificate & Seal Westfield Insurance Company Surety Co Eany 1`7 Sign�ofAuthorized Representative Don Bramlage, Attorney -=n -Fact & 1`1g0 I nie Inquiries: 407 Licensed Resident Agent AIA DOCUMENT ® CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIA' ONE Pgr C0 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 General POWER NO. 0994592 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westrield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, here;nafter re'erred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint DON BRAMLAGE, LAURA D. MOSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY of SANFORD and State of FL its true and lawfui Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - - • - " - - - .. . . . . . . • . . . . - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, 'MORTGAGE GUARAN EE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said AHorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sewed and attested by the Corporate Secretary," "Be if Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney cr certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting held on February 8, 2000). In IELD COMPANtness Y have hcaused these Fpressenits t INSURANCE signed by their Nati nal Surety LeOader and Senior Execcutive and their0 olrpora a seas to be heHO FARMERS li to affixed this 20th day of FEBRUARY A.D., 2020 . Corporate ,,. .•N".•i414. ,,I Seals ' \�5�fl�!`C"'' °P�!t NAL ti'' . Ci,'s'U WESTFIELD INSURANCE COMPANY Affixedl�v: .ta. %.05. o;• G�:; ���'• "•"!Yc � WESTFIELD NATIONAL INSURANCE COMPANY SL «`: 'pt ` ti'CH�1ERf �'� OHIO FARMERS INSURANCE COMPANY � '•.ti •x. ;f�$' : Ut ;, SEAL 2849 1. �,.�..• By: L Ir; State of Ohio County of Medina ss,: Gary W. (Stumper, National Surety Leader and Senior Executive On this 20th day of FEBRUARY A.D., 2020 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order, Notarial Seal "a1 A L, % Affixed ;p...... ij State of Ohio @:N�o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: T ,. My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 9Tepf0 I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE CCMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 7th day of January A.D., 2022 r•°\asu, r•`P(.nN�,i.,i- „ • n„4.,,, SEAL t' SEAL °� 'CHItitTERt p t� a I /� t ' -�:''. 1848 .lip eL Secretary ~ ,�•�' r ' Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 52 1JD Contracting, Inc. Bore Log DATE: : 11 Cj � -L(-, 2-0 CUSTOMER: 1 �'C b VERf51'F1 >rb I j Nl C . JOB#: 1�i�5ElF1h'i� � JH►6A `�`Ii 2r1GE T�1n1l� L �1a STREET LOCATION: _ E Ra�-'L Pi- V RPuTn }ucw� FOREMAN: Gr�►�r Gra�fl i� 2 PVIAI i c;, oe (50IQ6 Sa.rnt 'TD Wm 4Tb PIPE SIZE & QUANTITY: I ' VZ" BORE DIRECTION: STATIONS: 13553r�,�c�, V0 �R C- S'rymbo * 9 ROD/FEET DEPTH PITCH i ROD/FEET DEPTH PITCH COMMENTS 15 - 2 S 465 Z 30 7D - 2 480 j 8 S + 45120 20 'Z -7 495 + 60 2,S 510 j 8 3 + 3 75 2 } rj 20 525 . f 90 2 3 - 1 540 .4 105 2 y Co - 555 5C) + (v 120 570 3 { 135 2�,(,� + 585 123 +- 150 + 2 600 j f 165 2-70 +2 615 i j( t 7 180 2_?o +2 630 j Q -�- 195 2� 1 43 645 210 2(0� 43 660 225 3 4- 675 8 10 240 Z J� Z� 4- 3 690 -� + 255 2Z)Z i 2 705 270 720 285 + 3 735 300 2 y s -+ 750 315 2lj 5 +3 765 330 2.38 + 780 345 23O -1- 795 360 22(,p +6 810 375 2 2Lf 4- �5 825 390 21 - - 6 840 405 'Zo +-7 855 420 Zoo t 870 435 1 B } 3 885 450 1 9C) } 900 53 /00 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 24, 2022 SUBJECT: Public Notice of Public Hearing for February 15, 2022, to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments for Street Paving in the Oslo Park Area The Board of County Commissioners will hold a Public Hearing on Tuesday, February 15, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET PAVING IN THE OSLO PARK AREA. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 271' Street, Vero Beach, Florida 32960. 54 ///Yf! February 08, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 02, 2022 SUBJECT: Resolution in support of Florida Forever FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: In previous years the Board has passed Resolutions in support of the Legislature fully funding the Florida Forever program. I am asking the Board to consider passing a Resolution this year to support Florida Forever. With the recent policy decision by the Board to move forward with a referendum on issuing a bond for environmentally sensitive lands, promoting the full funding of Florida Forever will help ensure the availability of matching funds, allowing the county to leverage the bond proceeds if the referendum is approved. Thank You. 55 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR RESTORING FUNDING FOR FLORIDA FOREVER TO ITS HISTORICAL LEVELS WHEREAS, the Florida Forever program and its predecessor Preservation 2000 program have contributed immeasurably to environmental health, quality of life, recreation, and sustainability in Florida fcr this and future generations, and WHEREAS, Florida Forever, and its predecessor Preservation 2000, historically allocated $300 million annually to purchase and restore environmentally sensitive and outdoor recreation lands and has done so through numerous successful partnerships with cities, counties, state agencies, water -management districts, nonprofit organizations, private landowners, and others in achieving its conservation purposes, and WHEREAS, Florida Forever was the vehicle to deliver funding for land conservation by various state agencies, including the Florida Communities Trust (FCT). The FCT has been a successful local -government assistance program under the Florida Forever umbrella. It has assisted Florida's cities and counties in protecting their cultural and historical resources, meeting the challenges of growth management, and providing recreational outdoor experiences in both urban and rural settings, and 56 RESOLUTION NO. 2022 - WHEREAS, over thirty local Florida governments, including Indian River County, have enacted land -acquisition f.'nancing programs in past decades, and those conservation programs serve to leverage Florida Forever funding and increase the impact of State land -conservation funding, and WHEREAS, the residents of Indian River County have benefited greatly from the FCT program by receiving matching funds that helped fund twenty-one different acquisition projects while receiving over $25,000,000.00 from the program, and WHEREAS, after years of reglect by the Florida Legislature, the citizens of Florida voted overwhelmingly in 2014 to support the Florida Water and Land Conservation Amendment ("Amendment 1") to restore funding to Florida Forever, and WHEREAS, the Florida State Legislature has continued to underfund Florida Forever specifically, and land conservation generally, despite the passage of Amendment 1 with approval by over 75% of voters, and WHEREAS, the State of Florida experienced the second largest population growth in the country from July 2019 -July 2020, adding over 240,000 new residents, and again experienced the second largest population growth in the country from July 2020 - June 2021, adding another 211,196 residents, which accelerated the pressures of development on environmentally significant lands, and WHEREAS, The Board of County Commissioners for Indian River County has directed staff to present at a future board meeting a resolution approving the placement of a new land conservation bond referendum on the general election ballot in 2022. If passed, this new bond will provide a source of funds for Indian River County to purchase environmentally significant lands. As with the previous bonds, the overall 2 57 RESOLUTION NO. 2022 - success of the program will be significantly enhanced with matching State funds from the Florida Forever program. WHEREAS, Indian River 11.1ounty desires to direct their local legislative delegation to make land conservation a priority again. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board encourages the Florida Legislature to fund the Florida Forever program at its historical levels. 2. The Board declares its support to have Florida Forever completely funded so that programs under the act, such as the FCT program, which has been vital to our residents by providing financial assistance to acquire parks and other conservation lands, are funded fully. 3. The Chairman is authorized to send this resolution to the Legislative Delegation and the Governor relaying its support for funding Florida Forever. 4. This resolution shall be effective upon adoption. The resolution was moved for adoption by Commissioner motion was seconded by Commissioner vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss , and the , and, upon being put to a vote, the 3 58 RESOLUTION NO. 2022 - The Chairman thereupon declared the resolution duly passed and adopted this day of 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA :A ATTEST: Jeffrey R. Smith Clerk of Court Deputy Clerk Peter D. O'Bryan, Chairman 4 59