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03/08/2022
vER c� COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Joseph Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 8, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Wesley Davis, IRC Property Appraiser 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Celebrating the 50th Anniversary of the Older Americans Act Nutrition Program Attachments: Proclamation 50th Anniversary 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA March 8, 2022 Page 1 of 5 8.A. First Extensions and Amendments to Disaster Debris Management Services Agreements Attachments: Staff Report Sample First Extension and Amendment 8.B. First Renewals to Agreements for Custodial Services at County -Owned Facilities Attachments: Staff Report Sample First Extension 8.C. Authorizing Resolution to Delegate Signature Authority for Grant Applications to Various Agencies Attachments: Staff Report Authorizing Resolution 8.1). FDOT Small County Outreach Program (SCOP) Agreement and Resolution for Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street Attachments: Staff Report Grant Form Authorizing Resolution FDOT SCOP Agreement 8.E. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report 8.F. Award of Bid 2022031 for Utilities Water/Wastewater Fire System Improvements Attachments: Staff Report Agreement 8.G. Change Order to All Webbs Enterprises, Inc.. for the Well Field Feasibility Expansion Study Attachments: Staff Report AWE Change Order No 1 8.11. Authorizing the Purchase Order No. 92697-00, Increase for the Renovation of the Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc. Attachments: Staff Report Performance Bond Cost Estimate 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS March 8, 2022 Page 2 of 5 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Environmental Land Bond Referendum Attachments: Staff Report Land Bond Resolution Authorizing Referendum Environmental Land Bond Program Guide 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 12.G.1. Sector 7 Beach and Dune Restoration Project Easement Status and Project Attachments: Staff Report Letter from BPSAC in support of Option 2 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Sale of 0.07 Acre Parcel of 'land on Old Dixie Highway to MJMC-2, LLC Attachments: Staff Report Aerial Photo Agreement to Purchase and Sell Real Estate Addendum to Agreement 13.B. Authorization to Proceed with Foreclosures on Code Enforcement Case Numbers: 2018020108 (Yates); 2017080035 (Palmer, 14th Avenue); and 2017040072 (Family Dollar) Attachments: Staff Report Yates -Order Imposing Fine - Case No. 2018020108 Palmer - Order Imposing Fine - Case No. 2017080035 Family Dollar - Order Imposing Fine - Case No. 2017040072 March 8, 2022 Page 3 of 5 13.C. Chapter 164 Mediation Update Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman 14.13.1. Request the Board consider directing the County Attorney to start the process of establishing an MSBU for the Pine Tree Park Subdivision Attachments: Commissioner's Memo 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 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. March 8, 2022 Page 4 of 5 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. March 8, 2022 Page 5 of 5 vrodamatio*n CELEBRATING THE 50TH ANNIVERSARY OF THE OLDER AMERICANS ACT NUTRITION PROGRAM Vhereag, fifty years ago. on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 to include a national nutrition program for seniors 60 years and older; and VhereaS, this year, Meals on Wheels programs from across the country are joining together for the March for Meals awareness campaign to celebrate 50 years of success and garner the support needed to ensure these critical programs can continue to address food insecurity and malnutrition, combat social isolation, enable independence, and improve health for years to come; and N)beren, volunteers for Meals on Wheels programs in Indian River County are the backbone of the program and they deliver not only nutritious meals to seniors and individuals with disabilities who are at significant risk of hunger and isolation, but also caring concern and attention to their welfare; and Vheren, Meals on Wheels programs in Indian River County deserve recognition for the heroic contributions and essential services they have provided to local communities, our State and our Nation amid the COVID-19 pandemic and will continue to provide long after it is over; and Vfjereao, the senior population is increasing substantially, and action is needed now to support local Meals on Wheels programs through federal, state, and local funding; volunteering; donations; and raising awareness to ensure these vital services can continue to be delivered for another 50 years. RoW, liherefore, be it Vrodaimeb by the 38oarb of County Commtootonerss of Inbian fiber Countp, Itoriba that the Board recognizes March 2022 as a month celebrating the 50th anniversary of the Older Americans Act Nutrition Program and urges every community member to take this month to honor our Meals on Wheels programs, the seniors they serve and the volunteers who care for them. Our recognition of, and involvement in, t -ie national celebration can enrich our entire community and help combat senior hunger and isolation in America. Adopted this 8th day of March, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher I0 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 28, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, P-irchasing Manager SUBJECT: First Extensions and Amendments to Disaster Debris Management Services Agreements BACKGROUND: On April 21, 2020, the Board awarded RFP 2020025 for Disaster Debris Management Services as may be needed to respond to catastrophic events, such as tropical storms, hurricanes or tornadoes, to Ceres Environmental Services, Inc. (primary), and CrowderGulf Joint Venture, Inc. (secondary). The term of the award was 24 months, with two additional 24 -month terms available. Both contractors have agreed to execute the first extensions, which will be effective from April 21, 2022 through April 20, 2024. Changes made effective to Florida Statute and the Code of Federal Regulations during the initial term of the agreement require the incorporation of additional clauses to the agreements. FUNDING: Expenses incurred for work under these agreements are anticipated to be funded through FEMA's reimbursement of CAT A debris expenses. RECOMMENDATION: Staff recommends the Board approve the Sample Extension and Amendment and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Sample Extension and Amendment 2 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR DISASTER DEBRIS MANAGEMENT SERVICES This First Extension to that certain Agreement to provide Disaster Debris Management Services is entered into effective as of March 8, 2022 by and between Indian River County, a political subdivision of the State of Florida ("County") and ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Disaster Debris Management Services effective April 21, 2020; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of April 21,2_020 and will end on April 20,2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, Article 7 of the Agreement provides Contractor's Representations; and WHEREAS, the parties desire to add a representation to Article 7; and WHEREAS, Article 10 of the Agreement provides Federal Clauses; and WHEREAS, the parties desire to incorporate a new Federal Clause. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective April 21, 2022 and shall end on April 20, 2024. A single two-year renewal remains. 3. Paragraph 7.01 J is added as follows: J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 4. Paragraph 10.010 is added as follows: 3 O. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 4 (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. S.All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Contractor INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Peter D. O'Bryan, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 5 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 28, 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: First Renewals tD Agreements for Custodial Services at County -Owned Facilities BACKGROUND: On March 2, 2021, the Board awarded agreements for custodial services to Clean Space, Inc. for the Courthouse and Main Library, and to C.E.R. Signature Cleaning for the 43rd Avenue Facilities and North County Offices. The term of award was one year, with two one-year renewal options available. Staff and the contractors would like to execute the first renewals. The term of the first extensions would be April 1, 2022 through March 31, 2023. FUNDING: There is no change to the contract pricing. Funding is available as follows: Group Account Number Account Name Annual Cost Clean Space, Inc. Courthouse 00122019-033410 General Fund/Facilities Management/ $133,714.29 Janitorial Services Main Library 00110971-033410 General Fund/Main Library/ $52,656.69 Janitorial Services yr+rdl., fi %1jr i y,$yyt"ky S i,4 A" F. North County 00111271-033410 General Fund/North County Library/ $44,160.00 Library Janitorial Services 43rd Ave 11124541-033410 Transportation Fund/Traffic $110,064.00 Complex Engineering/ Janitorial Services RECOMMENDATION: Staff recommends the Board approve the Sample First Extension and authorize the Chairman to execute them after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample First Extension 6 FIRST EXTENSION TO AGREEMENT FOR ANNUAL CUSTODIAL SERVICES This First Extension to that certain Agreement to provide Annual Custodial Services is entered into effective as of March 8, 2022, by and between Indian River County, a political subdivision of the State of Florida ("County") and ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Custodial Services effective April 1, 2021; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of April 1, 2021 and will end on March 31, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective April 1, 2022 and shall end on March 31, 2023. There is a single one-year renewal remaining. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 7 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Contractor By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Authorizing Resolution to Delegate Signature Authority for Grant Applications to Various Agencies DATE: February 23, 2022 DESCRIPTION AND CONDITIONS Divisions within the Public Works Department actively seek out grants from various organizations to help fund projects and tasks in-line with Departmental and County objectives. Such grants often require extensive application packets be prepared and submitted in order for the granting agency to review and rank the applications for award. Staff requests the Board of County Commissioners (BCC) approve an Authorizing Resolution to delegate signature authority on grant applications to the Public Works Director and Assistant Public Works Director, such that approved staff can submit grant applications on behalf of the County to various agencies including but not limited to: Florida Department of Transportation (FDOT), Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of Environmental Protection (FDEP), Florida Inland Navigational District (FIND), and St. Johns River Water Management District (SJRWMD). I11K11111e0w, Funding is not needed for this agenda item. Should a grant application lead to an award of funds to the County for a project, a separate agenda item covering the award of funds will be prepared and brought before the BCC for consideration. If the awarded grant requires a County funding element, the funding account for the project will be identified in the agenda at that time. RECOMMENDATIONS Staff recommends the accompanying Authorizing Resolution be approved for the Chairman's signature delegating signature authority for various agency grant application submittals to the Public Works Director and Assistant Public Works Director. ATTACHMENT Authorizing Resolution APPROVED AGENDA ITEM FOR MARCH 8, 2022 9 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; FLORIDA AUTHORIZING THE BOARD TO DELEGATE SPECIFIC SIGNATURE AUTHORITY FOR VARIOUS AGENCY GRANT APPLICATIONS TO THE INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR AND ASSISTANT PUBLIC WORKS DIRECTOR,. WHEREAS, the Indian River County Public Works Department seeks out funding opportunities to assist the County in providing sources of outside funding to help off -set costs associated with the construction and monitoring tasks in-line with Department directives, and WHEREAS, Indian River County is required to submit grant applications to various agencies, including but not limited to: Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), Florida Inland Navigatiorbal District (FIND), and St. Johns River Water Management District (SJRWMD), for various grant opportunities; NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board hereby delegates to the Public Works Director and Assistant Public Works Director its authority to have signature authority for grant application submittals to various agencies, including but not limited to: Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), Florida Inland Navigational District (FIND), and St. Johns River Water Management District (SJRWMD) for various grant opportunities. 2. The Chairman is authorized to execute this resolution providing specific signature authority. 3. This Resolution shall -be in full force and effect upon final passage. The foregoing resolution was offered by Commissioner _ adoption. The motion was seconded by Commissioner to a vote, the vote was as follows: Chairman Peter O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss who moved its and, upon being put 10 day of The Chairman thereupon declared the resolution passed and adopted this , 2022 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA IA Peer O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 11 N INDIAN RIVER COUNTY, FLORIDA MEN10RANDUM 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: Jill M. Williams, Contract Support Specialist SUBJECT: FDOT Small County Outreach Program (SCOP) Agreement and Resolution for Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603,/Indian River Boulevard from Merrill Barber Bridge to 53rd Street DATE: February 24, 2022 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of $3,369,906 for the Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53 d Street (estimated total cost for the project is $4,493,208. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. The County's portion is estimated to be $1,123,302. FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $1,123,302 of the total cost for the project. Funding for the County's cost share in the amount of $-,123,302 of the estimated cost is budgeted in Account No. 10921441-053360-21014/Secondary Roads/Indian River Blvd Resurfacing (Barber Bridge to 53rd St). RECOMMENDATION Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP) Agreement FM No. 441919-1-54-01 APPROVED AGENDA ITEM FOR MARCH 8, 2022 12 GRANT NAME: Construction/CEI of IR Blvd (Barber Bridge to 531 St) GRANT # 441919-1-54-01 AMOUNT OF GRANT: $3,369,906 DEPARTMENT RECEIVING GRANT: Public Works/Engineering CONTACT PERSON: _ James W. Ennis, P.E.. PMP TELEPHONE: Ext 1221 1. How long is the grant for? Until. 12/30/2023 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 25 5. Grant match amount required $1,171,102 Starting Date: Once FDOT issues NTP Yes `C No __X_Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 3 7. Does the grant cover capital costs or start-up costs? Yes —2L_No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes 2�_No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: Grant Amount Other Match Costs Not Covered Match Total First Year $ 3,369,906 $ $1,123,302 $4,493,208 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: RESOLUTION NO. 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR-603/I1NDIAN RIVER BOULEVARD FROM MERRILL BARBER BRIDGE TO 53RD STREET. WHEREAS, the milling and resurfacing of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the construction (milling and resurfacing) and CEI of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd Street as well as widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvemer _s for hardening and resiliency under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman cf the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this , 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Peter D. O'Bryan, Chairman day of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT 525-010-60 PROGRAM MANAGEMENT 10/2020 FPN: 441919-1-54-01 Fund: GRSC,SCED,SCWR,SCOP FLAIR Category: 085576 Org Code: 5534 30 10 404 FLAIR Obj: 751000 FPN FPN Fund: Org Code: Fund: _ Org Code: County No:88 Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Vendor No: F596-000-679-003 THIS STATE -FUNDED GRANT AGREEMENT ("'Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER COUNTY, ("Recipient"). The Department and the Recipient are sometimes referred tc in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority , Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR-603/INDIAN RIVER BLVD FROM MERRILL BARBER BRIDGE TO 53RD STREET, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaker and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before DECEMBER 30, 2023. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Page 1 of 14 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010 -EO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 1 oizoao Recipient shall remain obligated to complete as aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $ 4,493,208.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", Schedule of Financial Assistance, attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $3,369,906.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B". The Department's participation may be increased or reducec upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: I. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; Page 2 of 14 16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 1 oizoza ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Prcject scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. If. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient reso'ves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the inpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 17 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT loizozo If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim as made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 is STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 10/2020 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with a l practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own Forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 1 onozc construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: L Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set fort in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not Page 6 of 14 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 1oi2ozo limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department -owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit "O", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. I. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along wit -1 an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintan any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond fina! acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and Paige 7 of 14 21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 1 oi2ozo financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "J", State Financial Assistance (Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies wit -i the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: PFge 8 of 14 22 STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMEN- 10/2029 Florida Department of Transpertation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(a)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt a( -aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, cr its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public Page 9 of 14 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT loizozD entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. If. The Recipient shall: I. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a su;t for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of a0 just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of t-ieir office or employment, in connection with the rights Page 10 of 14 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROORAMMANAGEMENT 10/202) granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. Ir subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida s Workers' Compensation law. If using `leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insurec. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. f. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in additio_-i to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,00 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein Page 11 of 14 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT loizozo shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certi=icates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to urilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply wits Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Ir the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. Page 12 of 14 26 STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAMMANAGEMEN- 1 oizozo c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit O, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. f. ® The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated into this Agreement: A, B, C, D, F & J g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements *Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance (Florida Single Audit Act) *Exhibit K: Advance Project Reimbursement *Exhibit O: Terms and Conditions of Ccnstruction in Department Right -of -Way *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 27 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) : TITLE: CHAIRMAN Print Name: PETER D. O'BRYAN ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller an , Deputy Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 14 of 14 EXHIBIT A DELIVERABLES 441919-1-54-01 CR-603/INDIAN RIVER BLVD FROM MERRILL BARBER BRIDGE TO 53RD STREET Pay Item Number Item Description Quantity 7 Unit ROADWAY 0101-1 Mobilization 1 LS 0102-1 Maintenance of Traffic 1 LS 0104-1 Prevention, Control & Abatement of Erosion and Water Pollution 1 LS 0110-1-1 Clearing & Grubbing 1 LS 0120-1 Regular Excavation 1 LS 0120-6 Embankment 1 LS 0160-4 Type B Stabilization 14,580 SY 028571 1 Optional Base, Base Group 11 (12" Cemented Coquina) 2,916 SY 0327 70 6 Milling Existing Asphalt Pavement, 1 'h" Avg Depth 119,833 SY 0334113 Superpave Asphaltic Conc. Traffic C, PG 76-22 (S.P. 12.5, 2" Thick) 13,252 TN 0425 14 1 Grate for Existing Drainage Structure, Furnish and Install 63 SF *0425 6 Valve Boxes, Adjust 0 05201 10 Concrete Curb & Gutter, Type F 256 LF 05222 Concrete Sidewalk & Driveways, 6" Thick (Fibermesh Reinforced) 12 SY 05272 Detectable Warnings 9 SF 05701 2 Performance Turf, Sod (Bahia) 3,000 SY 0570 1 2A Performance Turf, Sod (Floratam) 3,000 SY 0630211 Conduit, Furnish & Install, Open Trench 33,000 LF 0633 1123 Fiber Optic Cable, F&I, Underground, 49-96 Fibers 18,000 LF 070613 Raised Pavement Marker, Type B (Bi -Directional Amber/Amber) 291 EA 0706 1 3A Raised Pavement Marker, Type B (Bi -Directional White/Red) 1,5067 EA 29 (*) = Non -Participating items CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Resident Compliance Specialist Laboratory & Field Testing 30 Raised Pavement Marker, Type B (Bi -Directional 070613B White/Mono) 67 EA Thermoplastic, Standard, White, Solid, 12" for Crosswalk and 0711 11123 Roundabout 773 LF Thermoplastic, Standard, White, Solid, 18" for Diagonals and LF 071111124 Chevrons 1,269 Thermoplastic, Standard, White, Solid, 24" for Stop Line and 071111125 Crosswalk 334 LF Thermoplastic, Standard, White, 2-4 Dotted Guideline/6-10 GM 0711 11141 Gap Extension, 6" 2.000 0711 11160 Symbol and Bike Lane arrow 50 EA Thermoplastic, Standard, White, Message or Symbol (Merge 0711 11160A with Arrow) 12 EA 0711 11160B Thermoplastic, Standard, White, Message or Symbol (Only) 6 EA 0711 11170 Thermoplastic, Standard, Whi_e, Arrow 96 EA Thermoplastic, Standard, Yellow, Solid, 18" for Diagonal or 071111224 Chevron 344 LF Thermoplastic, Standard, Yellow, 2-4 Dotted Guideline/6-10 0711 11241 Dotted Extension Line, 6" 0.238 GM 0711 16 101 Thermoplastic, Standard -Other Surfaces, White, Solid, 6" 11.115 GM 0711 16 102 Thermoplastic, Standard -Other Surfaces, White, Solid, 8" 0.516 GM Thermoplastic, Other Surfaces, White, Skip, 6", 10-30 Skip or 5.263 GM 0711 16 131 3-9 Lane Drop 0711 16 201 Thermoplastic, Standard -Other Surfaces, Yellow, Solid, 6" 5.206 GM *999.1 Construction Layout/Record Drawings 0 (*) = Non -Participating items CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Resident Compliance Specialist Laboratory & Field Testing 30 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT OJ17 EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 441919-1-54-01 1801 271h STREET, BUILDING A VEROBEACH, FLORIDA 32960 I. PHASE OF WORK by Fiscal Year: FY 2022 FY2023 FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit'A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ C.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") °r0 % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 2,561,608.00 $ 1,931,600.00 $ 0.00 $4,493,208.00 Maximum Department Participation - (SMALL COUNTY % % % % OUTREACH PROGRAM) or $ 1,438,306.00 or $ 1,931,600.00 or $ or $ 3,369,906.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name l or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 1,123,302.00 $ 0.00 $ 0.00 $1,123,302.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 1,123,302.00 $ $ $ 1,123,302.00 Combination In-Kind/Cash $ $ $ $ 0.00 31 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01C•60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o9J17 EXHIBIT «B„ Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Mya Gray District Grant Manager Name Signature Date 32 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name l or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit `A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $2,561,608.00 $1,931,600.00 $0.00 $4,493,208.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Mya Gray District Grant Manager Name Signature Date 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osis z Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION:CONSTRUCTION (MILLING AND RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR-603/INDIAN RIVER BLVD FROM MERRILL BARBER BRIDGE TO 53RD STREET FPID#: 441919-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_ By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P. E. Name: Date: 33 Alt Form 525-010-60eD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OD STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osizo Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 34 Alt Forth 525-010-6OeF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0i* 1-OF STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEIVENT osi2o Page - of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. 35 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financiaf Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. 36 Alt Form 525-010-60eJ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OJ STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi2o Page 1 of 1 EXHIBIT J STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $3,369,906.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/search Com pllance.asp x The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 37 U e MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 24, 2022 SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. (`BOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives_ On October 30, 2020, the Indian River County Board of County Commissioners ("Board") reappointed Jennifer Proper and Teddy Floyd and appointed Jeanette Anderson to the EOC. The EOC is now requesting that the Board reappoint Jennifer Proper, Teddy Floyd and Jeanette Anderson and appoint Leonard Frankel to the EOC. RECOMMENDATION. The County Attorney recommends that the Board reappoint Jennifer Proper, Teddy Floyd and Jeanette Anderson and appoint Leonard Frankel to the Economic Opportunities Council of Indian River County, Inc. 38 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 2, 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 2022031 for Utilities Water/Wastewater Fire System Improvements BACKGROUND: On behalf of the Department of Utility Services, bids were solicited from qualified contractors to furnish and install turnkey fire alarm systems in the Central, West and South Regional Wastewater Treatment Plants and South RO Plant. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Obtained by: Replies: January 19, 2022 February 15, 2022 184 Subscribers 10 Vendors 1 Contractor ANALYSIS: The Department reviewed the single bid received and has identified 15t Fire and Security, Inc. of Vero Beach to be the lowest, responsive, responsible bidder. The contractor has performed similar services for other local agencies, and also currently provides alarm system service to the Department. FUNDING: Funding in the amount of $99,071.20 for the project comes from Utilities/Other Equipment account, number 471-166002, in the operatir-g fund. Operating funds are generated by water and sewer sales. Account Number Account Name Amount 471-166002 Utilities — Other Equipment $99,071.20 39 RECOMMENDATION: Staff recommends the Board award Bid 2022031 to 1St Fire & Security, Inc., approve the Agreement, and authorize the Chairman to sign the agreement after it has been approved by the County Attorney as to form and legal sufficiency. Attachment Agreement 40 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 1n Fire & Security, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish and install turnkey fire alarm systems in the Utilities Water/Wastewater Treatment Plants ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Water; Wastewater Fire System Improvements 2022031 Central Regional WWTF- 3550 49th Street West Regional WWTF (MCC1 and MCC2) - 8405 8th Street South Regional WWTF (MCC1 and MCC2) - 2500 6th Avenue South RO - 1550 9th Street SW A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 210th day after the date when the Contract Times commence to ~un. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $99,071.20 Written Amount: Ninety-nine thousand, seventy-one dollars and twenty cents 41 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make payments to CONTRATOR, as properly invoiced after completion of work at each facility. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. 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.). 5.02 Acceptance of Final Payment as Release 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 -o the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done orfurnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any cbligations underthis Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 42 E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. K. CONTRACTOR shall make application for permits within 30 days of receipt of a fully executed copy of this Agreement. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed (to be issued upcn receipt of permit); (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2022031; (5) Addenda (numbers 1 and 2, inclusive); (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) Sworn Statement Under Sectioi 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) 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; 43 c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of anV rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each birds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Recores 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 records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 271h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed ti.-ne; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. 45 C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under sect on 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 Sta utes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 46 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on March 8, 2022 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which °s the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY 15Y Fire & Security, Inc. By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Terry Southard Title: Utilities Operations Manager Address: 4350 41't St, Vero Beach, FL 32967 Phone: 772-226-3404 Email: terrysouthard@ircgov.com By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 47 Exhibit 1 to the Agreement — Pricing Vri9 iAtx, i 2022031 Utilities Wa_er/Wastewater Fire System Improvements Bid Form Utilities Water/Wastewater Fire System Improvements :.• Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number Addendum 1 Addendum 2 2022031 February 15, 2022 Purchasing Division 1800 27`h Street Vero Beach, FL 32960 Date February 2, 2022 February 10, 2022 2:00 P.M. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Item Total Central WWTF $ 17,575.00 West Regional WWTF (Main Ops and MCCI) $ 19,740.00 West Regional WWTF (MCC2) $ 17,260.00 South Regional WWTF (MCC1) ; 15,725.00 South Regional WWTF (MCC2) $ 10,850.00 South RO $ 17,550.00 Permit Fee 371.20 Total $ 99,071.20 DAYS 49 2022031 Utilities Water/Wastewater Fire System Improvements The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: 1st Fire and Security, Inc. Company Address: 610 1 st Street City, State Vero Beach, FL Telephone: 772-794-2220 Fax: Zip Code 772-794-2204 32962 50 Indian River County, Florida Department of Utility Services Board Memorandum Date: March 1, 2022 Consent Item 0 To: Jason E. Brown, CountyAdminis,trator From: Cindy Corrente, Interim Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Change Order to All Webbs Enterprises, Inc., for the Well Field Feasibility Expansion Study Background/Analysis: On June 8, 2021, the Board of County Commissioners (BCC) approved an agreement with All Webbs Enterprises, Inc. (AWE), for the well field feasibiity expansion study at wells S1 at the South County Water Treatment Plant (SCWTP) and N7 at the North County Water Treatment Plant (NCWTP). The goal of the project was to explore the feasibility of potentially utilizing the Lower Floridan Aquifer (LFA) as a water source so as not to impact existing legal users (ELUs), as required by the St. Johns River Water Management District (SJRWMD). During the initial phase of work at S1, the well collapsed with sand filling the well from behind the casing. Upon investigation, it became apparent that the damage was so significant that the well was not salvageable and had to be plugged. Staff is currently working with Kimley-Horn and Associates, Inc., (KHA) for the surveying, permitting, bidding, and construction services for the replacement of well S-1. Plans were made in December 2021 to mobilize to well N7 to begin work. It was discovered that there were three gopher tortoise burrows within 25 feet of the planned work area limits, and this required relocation of the tortoises. In the course of permitting the discharge for N7, the Indian River Farms Water Control District indicated that the permit would be contingent upon meeting two strict water quality parameters: total dissolved solids (TDS) and turbidity. Complying with these conditions will require that discharge water be blended with raw water from the surrounding wells (via the raw water main) and installation of additional turbidity measures that were not accounted for in the original AWE agreement. At this time, we are requesting a net deductive change order to the agreement with AWE, consisting of an increase of $92,435 for additional measures required to address the gopher tortoises and discharge limitations for N7, and a reduction of $303,900 for work that was no longer needed for well S1. The net change to the AWE agreement is a reduction of $211,465, leaving the total for the agreement at $780,635. 51 Funding: Funds in the amount of $780,635 for this project were already budgeted in the Utility operating fund account Utilities/Water Production/Other Professional Services account number 47121936-033190. Operating funds are derived from water and sewer sales. Since this is a net reduction to the original agreement with AWE, no additional funds are needed for this change order. The revised total of the agreement is reflected in the table below. Description I Account Number Amount Utilities/Water Production/Other Professional Services 1 47121936-033190 $780,635 Recommendation: Staff recommends that the Board of County Commissioners approve the deductive change order in the amount of $211,465, leaving a revised total agreement with All Webbs Enterprises, Inc., in the amount of $780,635, and authorize the Chairman to execute the change order on their behalf. Attachment: 1. AWE Change Order No. 1 52 CHANGE ORDER No. 1 PROJECT: North County Water Treatment Plant Well N7 Formation Water Disposal Measures and Gopher Tortoise Management DATE OF ISSUANCE March 2022 EFFECTIVE DATE March 2022 OWNER Indian River County OWNER's Contract No. Agreement Dated July 13, 2021 Project No. 044572103 CONTRACTOR All Webbs Enterprises, Inc. ENGINEER Kimley-Horn and Associates You are directed to make the following changes in the Contract Documents: Description: Install 800 linear feet of silt fence and pipe ramps for gopher tortoise management; add turbidity controls to formation water disposal to meet 0 NTU above background in G7 canal (in accordance with IRFWCD Discharge permit No. 22-07). Modify configuration to blend discharge with raw water, add settling tanks, add floc logs, furnish dissipation structure in canal (install by owner). Change Order 1 includes an increase in contract price for Well N7 ($92,435) and a net reduction of the total Contract Price for work not performed on Well S1 ($211,465). Reason for change order: Meet discharge peri --it requirements for IRFWCD and FWC permit requirements for gopher tortoise relocation. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 992 100.00 Substantial Completion: 270April 9, 2022 _ Ready for final payment: 300 iMay 9, 2022_ Days or dates Net changes from previous Change Orders Net change from previous Change Orders $ JA N/A days Contract Price prior to this Change Order Contract Time prior to this Change Order Substantial Completion: July 8 2022 $ 992.100 Ready for final payment: ____August 7, 2022 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ j211,4651 118 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders Substantial Completion: 388 $ 780,635 Ready for final payment: 418 Days or dates RECOMMENDED: Enginee (Auth rized Signature) Jill Grimaldi, Kimley-Horn and Associates Date: 2/24/2022 APPROVED: By: Owner (Authorized Signature) Date: ACCEPTED: By: Contractor (Authorized Sig ature) Dave Webb, Jr. All Webbs, Inc. Date: _2 t - � 20 2. EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America 53 ALL WEBBS February 25, 2022 Jon Friedrichs Principal Hydrogeologist ILA Geosciences, Inc. CELL: (561) 459-9355 DearJon, RE: IRC N7 Request for Change Order Discharge Requirements and Tortise Impact Reason The recently issued IRFWCD discharge permit #22-07 and the special conditions in that permit as the reason for the additional costs and time. The Special Conditions for Permit No. 22-07 for temporary discharge of formation water associated with deepening IRCDUS existing production well N7 from the UFA to the APPZ/Lower Floridan Aquifer, into Sublateral G-7 (81ST Street) Canal Located in NW % of SE % of Section 32-31-39 include: (1) Off-site discharge of formation water associated with proposed well deepening shall not exceed 1,250 PPM total dissolved solids (TDS), and turbidity shall not exceed existing background Nephelometric Turbidity Units (NTU) of receiving wasters within canal system. (2) TDS and turbidity of said off-site discharge water shall be monitored several times daily. If/when above limits of TDS and turbidity are exceeded, Permittee is to notify David E. Gunter, Superintendent of Indian River Farms Water Control District, of remedial action taken to bring operation within permit limits. (3) Permittee shall advise the District (Phone: 772-562-2141) in advance of commencement and upon completion of proposed well deepening operations. The discharge requirements in the permit are extremely high, the system proposed below is an attempt to meet the requirements. Additional work may be required depending on the water quality encountered during deepening and David Gunter's remedial actions. Pricing Description Quantity Units Unit Cost Extended Cost Silt Fence 1 LS $ 4,000.00 $ 4,000.00 Frac Tanks 4 LS $ 5,778.75 $ 23,115.00 Freight Tanks 4 LS $ 2,673.75 $ 10,695.00 Cleanout Tanks 4 LS $ 2,673.75 $ 10,695.00 Settling Tank 1 LS $ 7,925.00 $ 7,935.00 Filter Sand 1 LS $ 5,520.00 $ 5,520.00 Pumps 1 LS $ 13,340.00 $ 13,340.00 Pipe Ramps 50 LS $ 144.90 $ 7,245.00 Box 1 LS $ 4,830.00 $ 4,830.00 Floc Logs 10 LS $ 506.00 $ 5,060.00 subtotal $ 92,435.00 54 Additional Contract Time: 118 days for tortoise impact and discharge requirements. Please contact me with any questions or concerns Sincerely, David Webb, Jr. Vice President 55 Kimley»>Horn February 24, 2022 Mr. Terry Southard Operations Manager Indian River County, Department of Utility Services 4350 41 st Street Vero Beach, Florida 32960 RE: Wellfield Feasibility Expansion - Change Order No. 1 All Webbs Enterprises Dear Mr. Southard: In July 2021, All Webbs Enterprises, Inc. (.AWE) was contracted to assist with a Wellfield Feasibility Expansion Study that included deepening two of the County's existing production wells from the Upper Floridan Aquifer (UFA) to the Avon Park Production Zone (APPZ)/Lower Floridan Aquifer (LFA). The goal of the project was to deepen production wells S1 (south wellfield) and N7 (north wellfield) to obtain representative water quality and production data from the lower aquifer, to facilitate long-term water supply planning efforts. AWE began the process of deepening S1 in October 2021; however, it was quickly discovered that the well was producing high volumes of sard during the drilling process and the well was determined to be unsuitable for further use. Given the condition of the well during drilling activities and the overall age of the well (constructed in 1982), the decision was made to halt the deepening activities and to plug and abandon the well. Well S1 has now been plugged and the County is making arrangements to drill a replacement well (S1 R) under a separate contract. As a result, the work completed to date, through restoration for the abandoned well site, totals $273,900 less than the originally budgeted amount. Plans were made in December 2021 to mobilize to Well N7 to complete the scope of work associated with deepening the well. It was discovered that three gopher tortoise burrows were located within 25 feet of the planned work area limits, and therefore required relocation of the tortoises. The permitting and relocation activities were performed by others under separate authorization; however, AWE agreed to set the silt fence required to exclude the tortoises from returning to the work area. The additional work associated with the silt fence installation is $4,000. In the course of permitting the discharge for the N7 deepening, the Indian River Farms Water Control District indicated that the permit would be contingent upon meeting two strict water quality parameters. Total dissolved solids (TDS) would not be permitted to exceed 1,250 ppm, and turbidity of the discharge would not be permitted to exceed the background turbidity of the receiving canal at the end of pipe (0 NTU above background). Complying with these conditions will require that discharge water be blended with raw water from the surrounding wells (via the raw water main) and require the installation of additional turbidity measures that were not accounted for in the original Kimley»>Horn Page 2 AWE bid for this project. The summary of additional measures and resulting costs are presented in Table 1. Table 1 - Summary of Additional Services Description Quantity Units Incurred to Date Unit Cost Work Change Directive No. 1 Extended Cost Silt Fence Installation 800 LF $ 5.00 $ 4,000 Frac Tanks 4 LS $ 5,778.75 $ 23,115 Freight Tanks 4 LS $ 2,673.75 $ 10,695 Cleanout Tanks 4 LS $ 2,673.75 $ 10,695 Settling Tank 1 LS $ 7,935.00 $ 7,935 Filter Sand 1 LS $ 5,520.00 $ 5,520 Pumps 1 LS $ 13,340.00 $ 13,340 Pipe Ramps 50 LS $ 144.90 $ 7,245 Box 1 LS $ 4,830.00 $ 4,830 Floc Logs 10 LS $ 506.00 $ 5,060 Total $ 92,435 As noted above, approximately $273,900 of the previously approved budget for S1 was unused and will not be invoiced to the County. Additionally, the $50,000 allowance (see Table 2, Item 2) was only partially used. The remaining $30,000 will rot be invoiced to the County, for a total of $303,900 in funds that will not be incurred on S1. Table 1 identifies $92,435 in additional measures required to address the gopher tortoises and discharge limitations. Kimley-Horn recommends increasing the contract value for N7 from $474,800 to $567,235 (a net increase of $92,435) to address the additional permit requirements. Adjusting for the unused balance on the Well S1 work, the total contract value shall also be reduced from $992,100 to $780,635. Table 2 - Summary of Funds Item Description Original Authorzation Incurred to Date Unused Balance Work Change Directive No. 1 Updated Total 1 Bonds/Insurance/General Conditions $ 2-,000 $ 25,000 $ - $ - $ 25,000 2 Unidentified Conditions Allowance (S1 Drill Bit) $ 5C,000 $ 20,000 $ 30,000 $ (30,000) $ 20,000 3 Well S1 Deepening $ 442,300 $ 168,400 $ 273,900 $ (273,900) $ 168,400 4 Well N7 Deepening $ 474,800 $ - $ 474,800 $ 92,435 $ 567,235 Total $ 992,100 $ 213,400 $ 778,700 $ (211,465) $ 780,635 *Full budget for Well N7 is anticipated to be incurred completing original scope of work. y 772 794 4100 Kimley»>Horn Page 3 Change Order No. 1, executed by the contractor and Kimley-Horn, is attached for County approval. AWE is also requesting an additional 118 days to complete the work (beyond the original completion date, due to delays in permitting and coordinating these efforts). Please contact me at (772) 794-4146 or iill.grimaldi @kimley-horn.com should you have any questions or require additional information. Sincerely, Jil Grimal , BCES Project Manager cc: Harrison Youngblood, Indian River County Mark Miller, Kimley-Horn and Associates Jon Friedrichs, JLA Geosciences 772 794 4100' • Consent Agenda BCC Meeting March 8, 2022 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / fi'`roaN* Departure®t of General Services Parks and Recreation Date: March 2, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager From: Kevin M. Kirwin, Director, Parks and Recreation Subject: Authorizing the Purchase Order No. 92697-00, Increase for the Renovation of the Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc. BACKGROUND The North County Aquatic Center (NCAC) was constructed in 2001 — 2002 and the competition pool that was installed at the facility is a Myrtha Pools USA Inc. system which is a stainless-steel modular panel structure lined with a Myrtha Skin that creates the waterproof liner of the pool. The liner of the competition pool at the NCAC must be replaced. The current liner has a temporary patch with wrapped steel plates holding a large area of the liner in place. The warranty period for a Myrtha Skin liner is 10 years from the completion of installation. The liner of the NCAC is 20 years old and has exceeded its projected lifecycle and this condition is beyond a permanent repair. Myrtha Pools has designated A and W Flcoring, Inc. as the only authorized liner repair and replacement contractor in our region. On February 1, 2022 the Board authorized a Waiver of Bid for the issuing of a purchase order to A and W Flooring Inc. to install the Myrtha Skin Liner at the NCAC. A and W Flooring Inc. is required to provide the County a Performance Bond to cover the dewatering and installation of the Myrtha Liner. The cost of the performance bond and value of the requested increase to Purchase Order No. 92697-00 is $8,573.94. FUNDING: The cost of this project is comprised of two main elements, dewatering ($70,300) and pool repairs/liner replacement ($285,798), for a total project cost of $356,098. Funding for this project was included in the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for FY 2021/22-2025/26. Funds were budgeted in the amount of $400,000 in the Optional Sales Tax/NCAC. NCAC Pool Liner Replacement account, number 31510472-066510-22008. 59 Page two March 2, 2022 Description: Account Number: Amount: Optional Sales Tax/NCAGNCAC Pool Liner Replacement 31510472-066510-22008 $400,000 RECOMMENDATION: Staff respectfully recommends that the Indian River County Board of County Commissioners authorize the Purchasing Division to increase Purchase Order No. 92697-00 to A and W Flooring Inc. for the replacement and renovation of the Myrtha Skin liner at the North County Aquatics Center and authorize the County Administrator to approve unanticipated costs associated with this project, up to $400,000. ATTACHMENT: A and W Flooring Inc. — Performance Bond Cost Estimate dtd Februaryl6, 2022 DISTRIBUTION: Kevin M. Kirwin, Director —Parks and Recreation APPROVED AGENDA ITEM FOR March 8, 2022 - A & W FLOORING, INC. m 13351 SE 80th Street Morriston, Florida 32668-5027 Phone # (352) 620-5156 Fax # (352)528-0028 Name / Address North County Aquatic Center Dave Smith 1801 27t1t Street Building A Vero Beach, FL 32960-3388 UIRMAIT Mel DS ESTIMATE Date Estimate# 2/16/2022 1585 Job# and Project Location Purchase Order# Account # BOND IRC288 Description Qty Rate Total NORTH COUNTY AQUATIC CENTER, 9450 COUNTRY ROAD 512, SEBASTIAN, FLORIDA 32958 50 Meter Pool with Small Dive Well - BOND NORTH COUNTY COMPETITION POOL - BOND - REVISED 2-17-2022 / REVISED 1 8,573.94 8,573.94 2-22-22 Terms & Conditions: 1. Payment is due upon receipt of date invoice is submitted to: dsmith n ircgov.com Payments should be issued to A& W Flooring, Inc. at: 13351 SE 80th Street, Morriston, Florida 32668-5027. Electronic Payments are an acceptable option. 2. Price is actual cost of Performance Bond, this bond has been paid for by A & W Flooring, Inc. and this cost will need to be added to the originao PO for reimbursement. 3. Project Repair date will be contingent upon all materials are shipped and on jobsite, and weather is not a factor of delay, otherwise a possible date charge could be required. A & W Flooring, Inc. will not be responsible for liquidated damages per day thereaft:cr if delay is caused by natural disasters, weather or a delay of material shipment. Project estimated 5 weeks for completion. Material Delivery is between 45 - 60 days from written approval of scope. 4. Permitting will be responsibility of others, not A & W Flocring, Inc. Items not specifically included in the referenced quotation are not included in the Net Sell Price. 5. A & W Flooring, Inc. will issue a one (1) year warranty on labor and workmanship from date of completion. 6. A new 10 year Manufacturers warranty is provided by Myrtlta Pools USA on their PVC Membrane with complete pool re -lamination Payment is Due Upon Receipt. No Exceptions. Subtotal Sales Tax (7.0%) Total Signature 61 I Name/Address I North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 I Attention: I DS I ESTIMATE Date Estimate# 2/16/2022 1585 Job# and Project Location Purchase Order# Account # BOND I RC288 Description Qty Rate Total 7. A & W Flooring, Inc. is a Certified Myrtha Pool Installer, and only uses Certified Myrtha Pool Materials and Fittings. 8. All taxes extra, a Sales Tax Exempt Certificate must be provided, no exceptions. Payment is Due Upon Receipt. No Exceptions. Quote valid for sixty (60) days. TERMS: Signature required prior to start date. Signed Purchase Order and Contract Required. Deposit Required prior to job start. Balance due upon Completion ofjob. Signature Subtotal $8,573.94 Sales Tax (7.0%) $0.00 Total $8,573.94 62 t14 a�V ERC. Office of the INDIAN RIVER COUNTY * * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: February 28, 2022 SUBJECT: Environmental Land Bond Referendum Background On February 18, 2020, the Board of County Commissioners authorized the Chairman to send a letter to the Trust for Public Land requesting technical advice and assistance in the form of feasibility research, public opinion polling, and program recommendations to suppor- a potential referendum for an environmental bond issue to be placed on the ballot for November 2020. Subsequently, on June 3, 2020, the groups supporting the ballot initiative for the bonds sent a letter to the Board withdrawing the request in light of the COVID pandemic. On February 1, 2022, the Indian River Land Trust made a presentation to the Board regarding the results of their feasibility study and requested that the Board direct staff to bring forth a resolution to place a $50 million environmental land bond referendum on the ballot for the November 8, 2022 General Election. The Board approved a motion to do so (on a vote of 4-1 with Commissioner Flescher dissenting). Analysis Since the meeting, staff has worked with the supporters of the referendum as well as bond counsel and our financial advisor to develop the attached resolution authorizing the placement of the bond referendum on the ballot. Staff has reached agreement with the supporters on the ballot language, and we are in agreement with all issues in the resolution, with the exception of the ability to use bond proceeds for initial restoration activities on acquired land. Staff recommends that this rerrains an allowable use to ensure that we are able to restore such conservation lands to their natural state, which seems consistent with the concept of conserving environmentally significant land. The proposed ballot language is as follows: 63 OFFICIAL BALLOT COUNTY OF INDIAN RIVER, FLORIDA BOND REFERENDUM ELECTION — NOVEMBER 8, 2022 ACQUIRE LANDS TO PROTECT WATER RESOURCES, THE INDIAN RIVER LAGOON, NATURAL AREAS, AND WILDLIFE HABITAT To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? For Bonds Against Bonds The resolution also commits the County to revise the Environmental Lands Program Guide to provide criteria and guidelines for the purposes of the Projects prior to the 2022 Referendum. The existing Environmental Lands Program Guide is attached. This will need to be updated to remove historic properties and make other adjustments as necessary. The Board will also need to consider another policy issue regarding the process to determine which properties to prioritize for acquisition. For the two prior authorizations (1992 and 2004), the County had a Land Acquisition Advisory Committee (LAAC) formed under Resolution No. 2003-130. County staff and the supporters agree that the previous structure may not be the best option moving forward, however, staff believes that there should still be a process to help prioritize the funding of particular properties. The LAAC consisted of 18 members (Reference Resolutions No. 2003-130; No. 2005-120), which resulted in some inefficiencies in moving through the process of acquisition. For instance, the first bond authorization in 1992 led to the issuance of the 1995 Series Bonds in the amount of $15 million. These funds were not exhausted for six (6) years, at which time the remaining $11 million authorization was issued in 2001. Staff would recommend a more streamlined structure, which could be a smaller advisory committee or a process for presenting a ranking of properties to the Board of County Commissioners for approval. Funding Staff has worked with Hilltop Securities, the County's Financial Advisor, to determine the estimated debt service and millage that would be needed to support a $50 million bond issue financed over a 20 -year term with a level annual debt service. The projection, based upon market rates as of February 17, 2022, would equate to a 2.49% all -in true interest rate. An additional 1% was added to the current rate due to the fact that interest rates are generally expected to increase over the next year. It is important to note that the actual interest rate may be higher than this once the bonds are issued, assuming approval of the referendum in November 2022. The analysis also assumes a 3% increase in the taxroll, which staff believes is a relatively conservative assumption. It should also be noted that we anticipate splitting the $50 million authorization into two separate issuances. Municipal issuers are required to certify that we expect to expend all of the proceeds of a bond issuance within three (3) years of the date of issuance. Staff believes that it will be necessary to have a second issuance due to the time that it may take to acquire all of the property, conduct any necessary restoration, and design and construct any initial improvements on the properties which may exceed the three-year time period. Therefore, 64 the initial millage would be less than this projectio-i based upon a smaller issuance. However, staff is presenting the total $50 million to reflect the maximum amount that we anticipate levying over the life of the bonds (assuming no taxroll decreases). The amounts a shown in the table below: Fiscal Year 2023/24 Projected Taxroll $21.8 billion Total annual debt service $3,819,593 Projected Millage 0.1750 mills Typical House Tax Bill ($250,000 taxable value) $43.74 As shown above, the proposed bond authorization would result in a projected millage rate of 0.1750 mills. The owner of a home with a $250,000 taxable value would pay about $43.74 per year to support the annual debt service for the bonds. It is also important to consider the ongoing cost of developing and managing the County's existing conservation lands (over 2,200 acres). During the last five years, County staff has been working to construct initial improvements for properties acquired through the previous two bond referendums. These initial improvements currently in progress were delayed due to funding constraints following the Great Recession. These improvements are requirements of the County's cost -share agreements with Florida Communities Trust (FCT). FCT administers the State's Land and Recreation Grants Program which has been the County's main source of matching funds for environmentally sensitive land purchases. The County has four full-time staff dedicated to the Conservation Lands Program. This staff is responsible for implementing public use improvements, applying for grants to leverage available funding, and maintaining the existing land under their area of responsibility per the management plans we have committed to with partner agencies. The County's five-year Capital Improvements Program includes funding of $13.8 million for projects at 17 locations. The annual operating budget of the Conservation Lands Program for the current year is $483,404. In order to operate, maintain, and manage the existing conservation properties, the current allocated budget amounts will need to increase significantly over the next few years. As an example, the County is currently obligated to construct three (3) museums and provide staffing and programming for these facilities. If the Board moves forward with the referendum and the referendum is approved by the voters, future County budgets will need to address the additional demands on the Conservation Lands Program. Staff Recommendation Staff recommends that the Board of County Commissioners: 1. Approve the proposed resolution authorizing the referendum and take any other necessary actions to have the matter placed on the November 8, 2022 ballot. 2. Direct staff to update the Environmental Lands Program Guide prior to the referendum. 3. Provide direction to staff on the process to prioritize properties for purchase. 65 Attachments Resolution Authorizing Placement of Referendum on November 8, 2022 Ballot Current Environmental Lands Program Guide 66 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CALLING A BOND REFERENDUM ELECTION FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS; PROVIDING THE FORM OF THE BALLOT TITLE AND THE BOND REFERENDUM QUESTION; PROVIDING FOR PLACES OF VOTING, PRINTING OF BALLOTS AND BOND REFERENDUM ELECTION PROCEDURE; PROVIDING FOR EFFECT OF REFERENDUM RESULTS; PROVIDING FOR A GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE BONDS ISSUED PURSUANT TO THE BOND REFERENDUM; PROVIDING AUTHORIZATION FOR NECESSARY , ACTION; PROVIDING FOR SEVERABILITY; AND PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, on August 18, 1992, the Indian River County Board of County Commissioners ('Board") adopted Resolution No. 92-146, calling for a bond referendum, as more specifically set forth in the resolution; and WHEREAS, on November 3, 1992, Indian River County, Florida (the "County") conducted a bond referendum that was approved by a majority of the voters voting thereon, concerning whether the County should be authorized to acquire environmentally significant land to protect water quality, open spaces and wildlife habitat, by issuing one or more series of general obligation bonds (collectively, the "1992 Bonds"), as more specifically set forth in the referendum question; and WHEREAS, on June 22, 2004, the Board adopted Resolution No. 2004-062, calling for a new bond referendum, as more specifically set forth in the resolution; and WHEREAS, on November 2, 2004, the County conducted a bond referendum that was approved by a majority of the voters voting thereon, concerning whether the County should be authorized to acquire environmentally significant land to protect water quality, open spaces and wildlife habitat, by issuing one or more series of general obligation bonds (collectively, the "2004 Bonds"), as more specifically set forth in the referendum question; and WHEREAS, the proceeds of the 1992 Bonds and 2004 Bonds have all been allocated to purchase lands; and WHEREAS, the Board desires to call for a new referendum on a new land acquisition bond question to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto; and 67 WHEREAS, it is in the best interest of the citizens of the County that all appropriate actions be taken to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, and construct public access improvements related thereto; and NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the authority granted to the County by Chapter 125 and Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION 2. BOND REFERENDUM ELECTION. A bond referendum election of the qualified electors residing in the County is hereby called to be held in Indian River County, Florida during the general election on November 8, 2022 (the "2022 Referendum"), and the Supervisor of Elections shall cause to be placed on the ballot for the November 8, 2022 general election, the bond referendum question set forth in Section 3 of this Resolution. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum election. SECTION 3. OFFICIAL BALLOT. The form of ballot to be used shall be in substantially the following form: OFFICIAL BALLOT COUNTY OF INDIAN RIVER, FLORIDA BOND REFERENDUM ELECTION —NOVEMBER 8, 2022 ACQUIRE LANDS TO PROTECT WATER RESOURCES, THE INDIAN RIVER LAGOON, NATURAL AREAS, AND WILDLIFE HABITAT To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? For Bonds Against Bonds SECTION 4. PLACE OF VOTING. The places of voting and the inspectors and clerks for the polling places for the bond referendum election shall be the same places and persons as for the general election to be held on the same date. The polls will be open in accordance with law relating to general elections at the various voting places from seven (7) o'clock a.m. until seven (7) o'clock p.m. on the same day. 68 SECTION 5. ABSENTEE VOTING. The form of ballot to be used in the election for absentee voters shall be substantially the form provided in Section 3 above. SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River County is authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots for use of absentee electors entitled to cast such ballots in such bond election and shall also have printed sample ballots and deliver them to the inspectors and clerks on or before the opening of the polls for such bond election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 7. BOND REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer and conduct the bond referendum election in the manner prescribed by law for holding elections in Indian River County. Returns shall show the number of qualified electors who voted at such bond referendum election on the proposition and the number of votes cast respectively for and against approval of the bond referendum proposition. The returns shall be canvassed in accordance with law. SECTION 8. BOND REFERENDUM ELECTION RESULTS. If a majority of the votes cast at such bond referendum election in respect to the bond referendum proposition shall be "For Bonds," such proposition shall be approved and then the particular bonds, the issuance of which shall be thereby approved, shall be issued as hereafter provided by the County. If a majority of the votes cast at such referendum shall be "Against Bonds," such proposition shall be defeated and no bonds may be issued and no ad valorem tax shall be levied therefor. SECTION 9. NOTICE OF BOND REFERENDUM ELECTION. Notice of the bond referendum election shall be published in the manner required by law. SECTION 10. AUTHORIZING NECESSARY ACTION. The Board hereby authorizes the proper officials to do all things deemed necessary in connection with the holding of the bond referendum election, to the extent provided by law and in this Resolution. SECTION 11. AUTHORIZATION OF BONDS. Subject to and pursuant to the provisions hereof, one or more series of general obligation bonds of Indian River County, Florida are authorized to be issued, from time to time, in an aggregate principal amount not exceeding $50,000,000 and maturing not later than twenty (20) years from the date of issuance of each respective series, to finance the cost of the purposes generally describe in Section 13 of this Resolution ('Bonds"), including allocations for administrative costs, legal fees, fees of fiscal agents, and all other costs associated with the issuance of the Bonds, payable from ad valorem taxes levied on all taxable property in the County, if approved by the qualified electors, to finance the cost of the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto, all in Indian River County. Such Bonds shall bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time of the sale of the Bonds. , SECTION 12. BOARD COMMITMENTS ASSOCIATED WITH THE BONDS. 1. The Board hereby commits to do the following if the 2022 Referendum is approved by the voters: A. Seek matching funds in connection with the acquisition of the Projects (as defined below) to the maximum extent such matching funds are available; B. Make specific provisions for annual independent audit of the uses of the proceeds of the Bonds. 2. The Board hereby commits to revise the Environmental Lands Program Guide to provide criteria and guidelines for the purposes of the Projects prior to the 2022 Referendum. SECTION 13. PROJECTS. For purposes of the 2022 Referendum and the Bonds, "Projects" means the acquisition by the County of environmentally significant lands to restore the Indian River Lagoon, protect water resources and/or drinking water sources, wildlife habitat and natural areas, by purchasing permanent int -.rests in lands to accomplish the same, including, but not limited to, fee simple interest, less than fee simple interest, conservation easements, and the acquisition of other similar interests in lands to restore the Indian River Lagoon and protect water resources and/or drinking water sources, wildlife habitat and natural areas, and to construct public access improvements such as parking facilities, restroom facilities, trails and other such infrastructure in connection therewith, together with the necessary preservation, restoration, remediation and reclamation activities to preserve, protect, or enhance such property, or restore such property to its natural state, including customary and necessary costs and expenses incurred in the acquisition of any such lands and all expenses incident to the sale, issuance and delivery of the Bonds, all as shall be more specifically determined by subsequent resolution of the County. SECTION 14. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of County Commissioners shall provide the Supervisor of Elections with a certified copy of this Resolution. 70 RESOLUTION NO. 2022 - This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 8th day of March, 2022. ATTEST: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA, by its Board of County Commissioners Peter D. O'Bryan, Chairman BOCC Approved: March 8, 2022 71 ENVIRON. LANDS PROGRAM GUIDE REVISED RANKING CRITERIA (Approved by the BCC 4/5/05) NATURAL, CULTURAL, AGRICULTURAL, RECREATION AND OPEN SPACE RESOURCES SECTION (a) Outdoor Recreation and Open Space [10 POTENTIAL POINTS] Will the project provide outdoor passive recreation areas or open space in the urban service area and within a substantially developed residential area? (5 points) 2. Will the project provide public access to a natural waterbody shoreline or beach and be managed for recreation uses? (5 points) (b) Recreational Trail Systems and Greenways [10 POTENTIAL POINTS] Will the project enhance or provide the opportunity to connect local or regional land-based recreational trail systems by extending an existing trail system or by providing trailhead or trailside facilities? (5 points) I 2. Will the project enhance or provide the opportunity to connect local, regional or statewide network greenways by expanding existing greenways or blueways, such as wildlife corridors and canoe trails? (5 points) (c) Educational Opportunities [5 POTENTIAL POINTS] Has a non-profit agency expressed an interest in and committed to volunteering and staffing environmental or historical education programs on the project property if the property is publicly acquired? (5 points) (d) Environmentally Significant Natural and Biological Resources [20 POTENTIAL POINTS] 1. Does the land cover on the project site consist of predominantly natural communities that have not been impacted by human disturbance or alteration? (5 points) 2. Does the project site contain one or more natural communities identified by the Florida Natural Areas Inventory as "imperiled" or "critically imperiled?" (5 points) 3. Does the project site contain habitat recognized as typically suitable for one or more listed animal species? (5 points) 4. Does the project site contain critical habitat typically suitable for one or more listed animal species and is the site located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission? (5 points) (e) Water Quality [20 POTENTIAL POINTS] Is the project site adjacent to the Upper St. Johns River Basin, St. Sebastian River, Indian River Lagoon, or Atlantic Ocean such that the acquisition will provide a buffer to surface waters that might not otherwise occur if the property is not acquired or conserved? (10 points) Is the project site located in the County's Surficial Aquifer Primary Recharge Overlay District (SAPROD) (i.e., located partially or wholly on the Atlantic Coastal Sand Ridge) or in the Floridan Aquifer recharge area (i.e., west of Blue Cypress Lake)? (5 points) 72 3. Does the project site have characteristics, based on site conditions and location that make it conducive for a public storm -water treatment facility compatible with site resource protection? (5 points) (t) Historic Resources [15 POTENTIAL POINTS] 1. Does the project site contain a site listed in the Florida Master Site File maintained by the Division of Historical Resources? (5 points) 2. Will acquiring the project site protect a resource that is listed or is eligible for listing on the National Register of Historic Places by the National Park Service? (5 points) 3. Does the project site contain significant historic and/or cultural resources recognized by a local historic board where said resources will be readily accessible to the public if the site is acquired? (5 points) (g) Agricultural Resources [15 POTENTIAL POINTS] 1. Does the project site contain an existing vizble agricultural operation located outside of the urban service area, with an owner willing to entertain an offer to sell development rights and sustain a viable agricultural operation on the site "in perpetuity"? (5 points) 2. Does the project site contain an existing viable agricultural operation located outside of the urban service area but east of Interstate 95, with an owner willing to entertain an offer to sell development rights and sustain a viable agricultural operation on the site "in perpetuity"? (5 points) 3. Does the project site contain active or inactive agricultural lands with altered ecosystems with reasonable potential for natural area restoration, adjacent to a wildlife corridor, greenway or blueway? (5 points) HAZARD MITIGATION SECTION [10 POTENTIAL POINTS] 1. Flood Hazard Area. Will the project acquisition direct residential or commercial development away from a coastal high hazard area or a 100 -year flood plain? (5 points) 2. Local Mitigation Strategy Priority. Is the project site located within an area identified in the County's adopted Local Mitigation Strategy as a mitigation priority? (5 points) MANAGEMENT AND COST -SHARE SECTION [10 POTENTIAL POINTS] 1. Are characteristics of the project site favorable for land management (i.e., site contiguous to other publicly managed lands; not small and isolated; adjacent land uses compatible with land management needs; landowner or other agency to manage land, etc.)? (5 points) 2. Is the project site contiguous to or a part of an existing federal or state land acquisition project, or does the site have characteristics such that cost -share funding availability or less -than -fee -simple county acquisition is likely? (5 points) SPECIAL STATUS SECTION [5 POTENTIAL POINTS] 1. Special Status Area. Is the project site located within or contiguous to the boundary of a state or federally designated area not credited elsewhere in these criteria that protects or restores natural, historic or agricultural resources (e.g., National Scenic Byway, Front Porch Community, etc.)? (5 points) 73 PROJECT EXCELLENCE SECTION 110 POTENTIAL POINTS] Does the project: have community-based support; have exemplary characteristics; help resolve land -use conflicts; or alleviate an impending development threat, in a manner that was not adequately evaluated by the criteria established elsewhere in this application? (Up to 10 points) FACommunity Development\Users\ROLAND\LAAC\GUIDE\Eval Criteria final BCC approved 04-05- 2005.doc 74 7DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 7 Beach and Dune Restoration Project Easement Status and Project Recommendations DATE: February 21, 2022 DESCRIPTION AND CONDITIONS Since 2018, Countystaff and project consultants have been activelyworking at designing, monitoring and permitting the Sector 7 Beach and Dune Restoration Project, as well as obtaining the easements' necessary for the project to be deemed viably, cost effective, and constructible. Staff had previously presented information to the Board of County Commissioners (BCC) regarding the need for high percentages of signed easements for a successful project. At the July 14, 2020 regularly scheduled County Commission meeting, the BCC concurred with staff that a 90% or greater number of signed easements would be targeted as the goal in order for the Sector 7 Beach and Dune Restoration Project to move forward with construction. On July 26, 2020, the County advertised the Sector 7 Beach and Dune Restoration project for competitive bid solicitation. Two (2) bids were received meeting the qualification of the project, but at the time of award on September 22, 2020, it was determined that since only 50% of the targeted easements had been obtained that the project would be delayed for 1 year. This delay pushed on -beach construction to the November 2021 to April 2022 construction season. Staff was directed to use this delay to continue pursuing easement agreements with those property owners not currently recognized as having a recorded easement allowing for construction. Additionally, staff was directed to reach out to those agencies providing funds to assist the County in covering the cost of the project (FEMA and the Florida Department of Environmental Protection) to inform them of the delay and seek extensions to the funding. County staff, on July 6, 2021, brought before the BCC an update on the Sector 7 Beach and Dune Restoration project. This update showed an increase in the number of easements obtained by staff within the project area during the initial delay. This update showed the number of recorded easements jumping up from 41 (50%) back on September 22, 2020 up to 51(62%) on July 6, 2021. As large-scale beach and dune nourishment projects require extensive pre- and post -construction monitoring, the timing of this presentation coincided with a deadline for required pre -construction activities to begin. At that July 6, 2021 BCC meeting, Staff presented the BCC with four (4) options for the Sector 7 Beach and Dune Restoration Project. After lengthy discussion, the BCC, in agreement with the recommended approach from the Beach and Shores Preservation Advisory Committee (BSPAC), directed staff to delay the Sector 7 Beach and Dune Restoration Project another year, with construction now slated for the November 2022 through April 2023 construction season. Additionally, staff was directed to work with the funding agencies to secure another extension to the funding offered. 75 The purpose of this current Sector 7 Beach and Dune Restoration Project update is to provide the BCC with the current status of the easements within Sector 7 and to request guidance on the project. In order for on -beach construction to start this upcoming season (November 2022 through April 2023), pre - construction monitoring must commence in upcoming spring/summer timeframe. This pre -construction monitoring is estimated to cost in excess of $250,000.00. In addition to pre -construction monitoring, modifications to the permitted fill templates will be required in advance of any beach nourishment activities, along with bidding and award consultant services. Many of these monitoring and design/permitting/bidding efforts are a duplication of tasks completed two years ago in advance of the expected 2020/2021 construction season which was put on hold due to the lack of easements obtained. Below is a summary of the Sector 7 Beach and Dune Restoration Project easements (as of 02/21/2022): SECTOR 7 182 Properties Total) Properties # % Targeted % Granted Easements 54 66% 90% Signed Easements Under Review/ Recording (In -Process) 1 1% Denied Easement — No Sand 15 18% Pending Responses 12 15% The County has continued to pursue obtaining the required easements by individually targeting the property owners that had yet to reply to repeated easement agreement requests, and by approaching new owners of properties previously responding with a denied easement. Additionally, local homeowner groups, spurred on by the desire to have their associations benefit from the placement of sand providing storm protective measures, reached out to those same property owners in an attempt to garnish an easement for the project, or gain an understanding as to the reasons for their non -participation. However, because denied easements currently account for 18% of the total easements, the targeted approval rate of 90% is currently unattainable. Assuming all pending responses grant easements, the highest approval rate that could be obtained is 82% which does not constitute a viable project. It is important to note that prior to the Sector 7 Beach and Dune Restoration project being put on hold multiple times, the County has spent more than $600,000 on the design, permitting and pre -construction monitoring that is required of a project of this magnitude. In addition, countless staff hours have been spent trying to obtain the easements necessary for a successful project. County staff had also arranged to rent property in the immediate vicinity of the Sector 7 project area for the anticipated 2020/2021 Sector 7 construction project to be used as a means for ingress and egress for nourishment related activities on the beach (approved by BCC on 7/14/2020). This property has since been sold and the agreement is no longer in place. The closest public access to the Sector 7 project area is approximately 1.8 miles to the south (Round Island Beach Park) which may require that off-road dumps travel seaward of the mean high-water line from Round Island to the project area in order to deliver sand. The County is currently faced with the need to begin an additional round of pre -construction monitoring in order to assess current field conditions prior to the 2022/2023 construction window. As the current number of recorded easements falls short of :he Board directed 90% value, Staff is seeking direction from the BCC on next steps. 76 FUNDING Funding for the Sector 7 Beach and Dune Restoration Project was included in the FY 20/21 budget in the amount of $9,900,000.00. An increase to this amount up to $11,000,000.00 had been requested in the FY 21/22 budget year reflecting projected market adjustments. That amount is expected to increase to over $12,000,000.00 based on market conditions for the upcoming FY 22/23 construction year. Should staff be directed to request another extension to available funding, and should the agencies grant the extension, partial funding for the Sector 7 Beach and Dune Restoration Project may be made available through FEMA funding as shown in the table below. Additionally, insurance proceeds and FDEP Local Governmental Funding Requests (LGFR) grants are also made available for this project. SECTOR 7 FEMA Hurricane Mathew $1,725,896.18 FEMA Hurricane Irma $382,033.74 FEMA Hurricane Dorian $2,145,296.13 FDEP Grants 191112 $307,538.00 Insurance Proceeds $1,372,843.91 Total Funding $5,933,607.96 If a sufficient number of easements are not obtained, constructability of the project may still not be viable and the construction commencement date of November 1, 2022 may not be possible. AVAILABLE OPTIONS As the current percentage of executed easements for the Sector 7 Beach and Dune Restoration Project is below the targeted amount of 90%, with the current executed easements representing 66% of the necessary project easements, staff is seeking guidance from the BCC as to how to proceed with the Sector 7 Beach and Dune Restoration Project knowing that required pre -construction monitoring related expenses in the amount of $250,000.00 are anticipated to be incurred over the spring/summer, well in advance of any on -beach related construction activity beginning on or after November 1, 2022. The following options are available: Option 1: While seeking the remaining easements necessary for a viable project, perform pre - construction monitoring in accordance with permit conditions and adjust permit templates accordingly. Prepare bid documents and advertise in July, with a bid opening in September. Prior to award of bid, come back to the BCC to reassess the number of easements obtained in order to determine constructability of the project. It is estimated that this approach could cost in excess of $250,000.00 and still may not yield a constructible project based on Lack of easements. However, at this time the County has no viable access to the Sector 7 beach which will make the project expensive. Option 2: Determine the project to not be constructible in the FY 2022/2023 construction window and do not pursue pre -construction monitoring at this time. As the permits for the Sector 7 Beach and Dune Restoration Project are valid for 15 years, staff can once again seek extensions on the funding currently available (FDEP LGFR Grant and FEMA funds) and potentially pursue construction in the 2023/2024 construction window. However, 77the project seems to be at an impasse based on lack of sufficient stakeholder support, the funding agencies may claim that no additional extensions are warranted. Additionally, staff will continue to try and solve the beach access issue as the County has no viable access to the Sector 7 beach. Option 3: Determine the project to not be constructible at all based on lack of sufficient stakeholder support in signing the easements and beach access not being available. This approach would require that both FEMA funding and the FDEP Grant funds be surrendered by the County, and any future projects that may be sought would be subject to being funded solely by the County should no additional funding sources be found. RECOMMENDATION Staff recommends Option 3 to the Board. The easement issue is at an impasse and while staff continues to reach out to property owners to obtain easements, there is very little chance that the County will obtain enough easements to make the project viable. Additionally, staff has been unable to locate property that could be used for construction access to the Sector 7 beach, thereby substantially increasing the cost for the project even if easements are obtained. APPROVED AGENDA ITEM FOR MARCH 8, 2022 BEACHAND SHORE PRESERVATIONADVISORYCOMMI77EE .A. March 1, 2022 David Barney 1550 Penlynn Street Sebastian, FL 32958 Dear Chairman O'Bryan: On behalf of the Indian River County Beach and Shore Preservation Advisory Committee (BSPAC), I am writing to advise you of our support for "Option 2" in regard to the way forward for Sector 7 beach renourishment. The various project options are expected to be presented for approval by the Public Works Department to the Board of County Commissioners (BCC) on March 8, 2022. The County has come a long way in this effort, and although we haven't yet achieved success at 90% of approved easements, the BSPAC feels further negotiation with the holdout property owners should be conducted before surrendering, in particular, the hurricane recovery -related FEMA resources set aside for the County. We believe it is prudent to ask FEMA and the Florida Department of Environmental Protection for a further extension of the funds they've already committed to this effort, understanding we may receive a negative reply. Finally, the Committee recognizes that the project is not constructible in the winter of 2022-23, meaning no preconstruction monitoring is warranted in 2022. Combined, these statements form the basis for Option 2. Should you have any detailed questions regarding our thought process, please feel free to contact me directly at 772-913-2349 or daveconbr.mail.com. Sincer a,, . � .. David Barney, Chairman Indian River County Beach and Shore Preservation Advisory Committee CC: Rich Szpyrka, Director of Public Works Eric Charest, Natural Resources Manager, Coastal Engineering Division 1801 27"' Street, Building A Vero Beach, FL 32960 (772) 226-1490 79 03/08/2022 Sector 7 (IRC -1926) Beach and Dune Restoration Project asement Status and Project Recommendation Public Works Department _ Coastal Engineering Division F March 8th, 2022 2.� \LORtp� Sector 7 Background Considered critically eroded by the Florida Department of Environmental Protection. • Lost an average of 1.5 feet/year of beach between 2013 and 2019 14 neighborhoods with 82 properties in total First nourished in 2007 following Hurricanes Frances and Jeanne in 2004 • The County placed 362,000 cy of sand fill 7O,-1 The closest City Park is South Beach Park • South Beach to Sector 7 = 1.4 miles The closest County Park is Round Island Beach Park • Round Island to Sector 7 = 1.9 miles No Public Parks within Sector 7 No Public East/West Access within Sector 7 Public Beach Access as defined by the FDEP is: "an entry zone and associated parking under public ownership or control which is specifically used for providing access to the adjacent sandy beach for the general public. The access must be signed, maintaired and clearly visible from the adjacent roadway. The parking spaces counted for eligibility must be within one-quarter mile walking distance of a lateral entry zone and available to the general public." Based on above, there is No Public Beach Access within the Sector 7 project area 03/08/2022 2 03/08/2022 Previously, the BCC decided to set a 90% or greater amount of signed easements as the targeted goal within each sector in order to enable the County to construct a viable beach restoration project that provides storm protection benefits L__Itaff have utilized various methods to disseminate information • Targeted mass mailings • BCC commission meetings • Beach and Shore Preservation Advisory Committee • Emails • Phone Calls • Webinars • Newspapers • Local Homeowner/Condo Associations • Civic groups • Nature Conservancy groups Sector 7 Previous Totals Sector 7 Easement Tracking 3 As of Date April 2021 June 2021 July 2021 September 2021 November 2021 December 2021 January 2022 Granted 51 (62%) Easement 51 (62%) 53 (65%) 53 (65%) 53 (65%) 53 (65%) 54(66%) In 7(9%) Process 7(9%) 6(7%) 6(7%) 6(7%) 6(7%) 5(6%) Pending Response 15 (18%) 10 (12%) 9 (1"%) 9(11%) 9 (11%) 9(11%) 9(11%) Denied Easement 9 (11%) —No Sand 14 (17%) 14 (17%) 14 (17%) 14(17%) 14(17%) 14(17%) Sector 7 Easement Tracking 3 As of Date April 2021 June 2021 July 2021 September 2021 November 2021 December 2021 January 2022 Granted 51 (62%) Easement 51 (62%) 53 (65%) 53 (65%) 53 (65%) 53 (65%) 54(66%) In 7(9%) Process 7(9%) 6(7%) 6(7%) 6(7%) 6(7%) 5(6%) Pending Response 15 (18%) 10 (12%) 9 (1"%) 9(11%) 9 (11%) 9(11%) 9(11%) Denied Easement 9 (11%) —No Sand 14 (17%) 14 (17%) 14 (17%) 14(17%) 14(17%) 14(17%) ector 7 Easement Total Sector 7 (82 Properties) As of February 23, 2022 % BCL Target Approx. 66% 90% Easements Linear Feet %of Properties Color # % Easements 1 1% (Total Project Recording —10,740) Granted 54 66% 6,625 62% Easements 18% Sand Signed Pending Easements 1 1% 471 4% Under Review Responses Recording Denied Easement-No15 18% 2,040 19% Sand Pending (Denial)12 ME 15% 1,604 I 15% I Responses I ector 7 Project Viability Sector 7 (82 Properties) As of February 23, 2022 Properties Color # % BCL Target Granted 54 66% 90% Easements Signed Easements 1 1% Under Review Recording Denied Easement -No 15 18% Sand Pending (Denial) 12 15% Responses 03/08/2022 15% (12) Easements Pending (Denial) Owner Action 18° 66% (54) Granted Easements 1% (1) Signed Easements Under Review Recording With 18% of the required easements currently being denied, there is no way that the BCC target of obtaining 90% or more of the easements will be attained. Assuming all Pending and Under Review easements are granted, the highest acceptance rate that could be obtained is 82%, which does not constitute a viable project. `7� - 4 03/08/2022 03/08/2022 1a1F H s :wA` s,.,Fa�._ IL!. 4LOW, _..., The Sector 7 Project is designed to place approximately 294,496 cy of sand along 2.2 miles of the project area. Due to nearshore hardbottom reefs being further offshore in the northern limits of the project area compared to the south, 43% of the 294,496 cy of sand (126,600 cy) is to be placed within the northern section of the project area, also knows as the "feeder beach". The benefit of this "feeder beach" design is to nourish the southern portion of the project through natural long -shore north to south sand movement. 07q-6 03/08/2022 Issues with Progressing East of the MHWL ' With Unsigned/Denied Easements i qlq - 7 Issues with Progressing East of the MHWL With Unsianed/Denied Easements e � FR 03/08/2022 Sector 7 Beach & Dune Restoration Project Options 03/08/2022 • Seek the remaining easements necessary for a viable project • Perform pre -construction monitoring in accordance with permit conditions/adjust permit templates accordingly. It is estimated that this will cost in excess of $250,000 and still may not yield a constructible project based on lack of easements. • Prepare bid documents and advertise in July, bid opening in September. • Prior to award of bid, come back to the BCC to reassess the amount of easements. • Determine the project to not be constructible in the FY 2022/2023 construction window • Do not pursue pre -construction monitoring • Seek extensions on the funding currently available (FDEP LGFR Grant, FEMA, Division of Emergency management (DEM) funds) • Potentially pursue construction in the 2023/2024 construction window ➢ Permits for the Sector 7 Beach .and Dune Restoration Project are valid for 15 years ➢ Funding agencies may claim that no additional extensions are warranted %q-9 03/08112022 Determine the project to not be constructible at all based on lack of sufficient stakeholder support in signing the easements and lack of public access as defined by the FDEP. ➢ Surrender FEMA, DEM, and the FDEP Grant funds. ➢ Future project may be subject to being funded solely by the County. After careful and thorough consideration of all options, staff recommends Option 3 which states the following: Determine the project to not be constructible at all based on lack of sufficient stakeholder support in signing the easements and lack of public access as defined by the FDEP. Surrender FEMA, DEM, and the FDEP Grant funds. Future project may be subject to being funded solely by the County. W-10 03/08j2022 The easement issue is at an impasse • Staff continues to reach out to property owners to obtain easements • Very little chance that the County will obtain enough easements to make the project viable. Additionally, staff has been unable to locate property that could be used for construction or purchased for public access to the Sector 7 beach, thereby substantivally increasing the cost for the project even if easements are obtained. c�'ill�f■f; + nd S ■k � � es ' se,,,u on. jb t � R rva,,t Advi■■ e s'ory, C County staff presented the Sector 7 easement status information to the members of the Indian River County Beach and Shore Preservation Advisory Committee (BSPAC) on a 2/28/22 regularly scheduled meeting. • BSPAC submitted a recommendat:.on to the BCC to pursue Option 2 — the postponement of the project for another year so that staff can continue to pursue easement agreements on the hold-out properties, with the understanding that a negative response may be received on requests made to extend the deadlines for funding made available for this praject. 03/08/2022 ER C" Os G� ` f �OarOr. BEACHANDSHORE PRESERVATTONADWSORYcomm T!'F,E David Barney March 1, 2022 1550 Pcnlynn Street Sebastian. FL 329M Dear Chairman O'Bryaw On behalf of the Indian River County Beach and Shore Preservation Advisory Committee (BSPAC). t am writing to advise you of our support for "Option 2" in regard to the wry forward for Sector 7 beach rcnourishcnrnt. The various project options are expected to be presented far approval by the Public Works Mpartmen-to the Board of County Commissioners (BCC) on March 8,2022, The County has come a long way in dos effort, and although we haven't yet achieved success at 9D4'o of approved easements, the BSPAC -eels Gather oegolistion with the holdout property owners should be coduoted before surrenderirg, in particular, the hurricane recovery -related FEMA resources set aside for the County. We believe it is prudent to ask FEMA and the Florida Department of Environmental Protecnea for a further extension of the funds they've already committed to this effort, understanding vre may receive a negative reply. Finally, the Committee recognizes that the project is not constructible in the winter of 2022.23, meaning no preamsmictiun monitoring is warranted in 2022. Combined, these statements form the basis for Option 2. Should you have any detailed questions tegarding our thought process, please feel free to contact me directiv at 772.913.2349 or dnveconbC44 trail com. Sinccrdy„�� David Barney, Chairman / Indian River County Beachand Shore Pre ervoton Advisory Committee Questions & Answers 12 03/08/2022 IRC -2112 Sector 5 Additional Dune Planting • 135,000 sea oats added to the 3.1 mile stretch of the Sector 5 beach to increase density of plants • FEMA funding made available to assist the County in this effort *t °���• Public Works Department 7 ,41coastal Engineering Division R --lo Project Started: Wednesday, February 2"6, 2022 ursday, February th, 2022 Plants will be + monitored for survivabilityand growth through May 2022 I I I 13 03/08/2022 Sector 3 Phase Beach & Dune Restoration Project Construction Complete • Phase 1 Construction .January 2021 through December 2021 * On -beach construction activities temporarily halted during sea turtle nesting season • Approx 3.7 mile stretch of beach from Seaview subdivision to Wabasso Beach • 342,047 cubic yards of beach compatible sand • 385,353 dune plants w: Public Works Department '-.• Coastal Engineering Division SON Taken on Thursday, March 111h, 202= 03/08/2022 Berra Grading (forth of Golden Sands Dune Plantings South of Treasure Shores • t 15 03,108/2022 Sector 3 Phase 2 Reach & Dune Restoration Project Construction Update • Phase 2 on -beach construction substantially complete as of 3/4/2022 • Approx 2.9 mile stretch of beach from Wabasso Beach south to Turtle trail beach park • Estimated sand fill volume 280,000 cubic yards • Estimated dune vegetation 302,820 native plan =a', Public Works Department �v • Coastal Engineering Division 7`fi — 16 03,108/2022 Thank you! Further questions or comments please sent us an email at Coastal@ircgov.com Ofe of z INDIAN Dylan Reingold, County Attorney Wilfiam K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney 1y11 :4 1y1Is] :7_1 � I BUP1 TO: Board of County Commissioners Attorney's Matters 03/08/2022 RIVER COUNTY ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: February 28, 2022 SUBJECT: Sale of 0.07 Acre Parcel of land on Old Dixie Highway to MJMC-2, LLC The County owns a 0.07 -acre parcel of unimproved land located on the east side of Old Dixie Highway between 39th and 41St Streets, Vero Beach, FL, as depicted on the aerial photo attached (Property). The Property is zoned CG, General Commercial, and lies inside of the Urban Services Boundary and was acquired via a tax deed in 2000. Due to its small size, it is an unbuildable lot and is not needed for right-of-way for Old Dixie Highway. Adjacent to the Property to the east is a 25' wide strip of right-of-way consisting of 0.050 acres that is also depicted on the ae-ial photo attached. WHPG, Inc., a Florida corporation, owns the parcel of land located at 3990 Old Dixie Highway adjacent to the right-of-way and is also depicted on the aerial photo attached. WHPG seeks to develop its parcel for auto storage with MJMC-2, LLC. MJMC petitioned to have the right-of-way strip abandoned so it may be combined with the Property to provide more direct access to the MJMC parcel via Old Dixie Highway. The parties arrived on a purchase price $1,500.00 for the Property based on an appraisal done by Armfield and Wagner. A copy of the appraisal is available for review in the County Attorney's Office. Since the County acquired the Property via Tax Deed, it will convey title via County deed and make no warranty as to the title. Pursuant to state statute, no public bidding is needed to sel the Property as it is an unbuildable lot. Abandonment of the adjacent right-of-way parcel will be brought before the Board at a later date after the required public notice and advertising has been completed. You will note in the Addendum to the Agreement that this sale is contingent upon the Board's approval of the right-of-way abandonment. If the Board does not approve the abandonment petition, this Agreement becomes null and void. Funding: The $1,500.00 in proceeds received will be deposited into the General Fund/Mise./Other Misc. Revenues, Account # 001038-369900. Recommendation: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate to MJMC-2, LLC for the price of $1,500.00 and authorize the Chairman to execute the Agreement and Addendum with MJMC-2, attached. Attachments: Aerial photo Agreement to Purchase and Sell Real Estate Addendum to Agreement to Purchase and Sell Real Estate Indian River County, FL Overview Parcel ID 32392600008000000054.0 Prop ID 50394 Sec/Twp/Rng 26-32-39 Class 8600 - County Property OLD DIXIE HWY Foreclosed/Owned Address VERO BEACH Acreage 0.07 District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description ESPYS SUB LOT 54 PBS 2-36 (Note: Not to be used on legal documents) Date created: 2/25/2022 Last Data Uploaded: 2/25/2022 8:06:12 AM Developed by s Schneider GEOSPATIAL Owner INDIAN RIVER Address COUNTY 180127TH ST VERO BEACH, FL 32960 Legend ❑ Parcels Street Centerlines LJ Municipal Boundaries 2 IRC Private Schoo Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL ® HOSPITAL FIRESTATION LAW ENFORCEMENT STATE PARK COUNTY PARK CITY PARK BOAT RAMP • CANOELAUNCH • CANOELANDING Golf Courses Water Last 2 Sales Date Price Instr Type Qual 4/1/2001 $100 Next Yr U Status Change 5/1/2000 $300 Sheriff's U Deed Plat Book Link AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of November, 2021, by and between the Indian River County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1801 271h Street, Vero Beach, FL 32960 ("County"), and MJMC-2, LLC, a Florida limited liability company, whose address is 900 201h Place, Vero Beach, FL 32960 ("MJMC"). WHEREAS, the County owns a 0.07 -acre parcel of unimproved land located on the east side of Old Dixie Highway between 39th and 41St Streets, Vero Beach, FL, as depicted on the aerial photo attached as Exhibit "A", hereinafter, the "Property"; and WHEREAS, the Property is zonec CG, General Commercial, and lies inside of the Urban Services Boundary; and WHEREAS, the County acquired this triangular shaped Property via a tax deed in 2000 and due to its size, it is an unbuildable lot and is not needed for right-of-way, and WHEREAS, adjacent to the Property to the east is a 25' wide strip of right-of-way consisting of 0.050 acres that is depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, WHPG, Inc., a Flo-ida corporation, owns the parcel of property located at 3990 Old Dixie Highway adjacent to the right-of-way and depicted on the aerial photo attached as Exhibit "A", and seeks to develop the parcel for auto storage; and WHEREAS, contemporaneous to this purchase, l\AJMC petitioned to have the right-of-way strip abandoned so it may be combined with the Property to provide safe access to the MJMC parcel via Old Dixie Highway; and NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. The County hereby agrees to sell to MJMC, and the MJMC hereby agrees to purchase from the County, upon the terms and conditions set forth in this Agreement, the 0.07 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. The County shall convey title to the Property by county deed free of claims, liens, easements and encumbrances known to the County. 4.0 MJMC may order an Ownership and Encumbrance Report with respect to the Property. MJMC shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to the County of title defects. Title shall be deemed acceptable to MJMC if (a) MJMC fails to deliver notice of defects within the time specified, or (b) MJMC delivers notice and the County cures the defects within thirty (30) days from receipt of notice from MJMC of title defects ("Curative Period"). The County shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, MJMC shall have thirty (30) days from the end of the Curative Period to elect, by written notice to the County, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of The County. 5.1 The County acquired the Property via Tax Deed in 2000 and makes no warranty as to the title. 5.2 From and after the Effective Date of this Agreement, the County shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of MJMC. 6. Default. 6.1 In the event the County shall fail to perform any of its obligations hereunder, MJMC shall be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date, or (ii) waive The County's default and proceed to Closing. 6.2 In the event of a default by MJMC, the County shall be entitled, as its sole remedy hereunder, to terminate this Agreement. The County shall have no claim for specific performance, damages or otherwise against MJMC. 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to MJMC a county deed conveying title to the Property. (b) The County shall have removed all of its personal property and RE equipment from the Property and shall deliver possession of the Property to MJMC vacant and in the same or better condition that existed at the Effective Date hereof. (c) The County and MJMC shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any ccrrective documents. 7.2. Closing Costs; Expenses. MJMC shall be responsible for preparation of all Closing documents. MJMC shall pay the following expenses at Closing: (a) The cost of recording the county deed and any release or satisfaction obtained by Seller pursuant :o this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if ary. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by MJMC. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, MJMC shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, MJMC shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and MJMC relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither MJMC nor the County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and the r successors and assigns. 85 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to MJMC: MJMC, LLC 900 20th Place Vero Beach, FL 32960 Attn: Jan Jelmby, Manager If to the County: Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. SIGNATURES ON THE FOLLOWING PAGE 4 86 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. MJMC LLC A Florida limited liability company By: Ja%S. Jelmby anage 1 Date signed: P' 2 2 - ATTEST: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 52-01-VEM24 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 5 By: Joseph E. Flescher, Chairman Date Signed: Indian River County Administrator By: Jason E. Brown H., Indian River County, FL Vero',Beach: j+ \ 1 _ 1 - -� a� 1 ,Q 148 ft Parcel ID 32392600008000000054.0 Prop ID 503Q4 Owner IND AN RIVER Sec/Twp/Rng 26-32-39 Class 8600 -County Address COUNTY Property OLD DIXIE HWY Foreclosed/Owned 180127TH ST Address VERO BEACH Acreage 0.07 VERO BEACH, FL 32300 District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description ESPYS SUB LOT 54 PBS 2-336 (Note: Not to be used on legal document.-) Date created: 2/25/2022 Last Data Uploaded: 2/25/2022 8:06:12 AM Developed by � Schneider GEOSAATIAL am A Overview Legend ❑ Parcels Street Centerlines j^ 1 Municipal Boundaries 2 IRC Private Schoo Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL ri) HOSPITAL FIRE STATION LAW ENFORCEMENT STATEPARK COUNTY PARK CITY PARK BOATRAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Last 2Sales Date Price InstrType Qual 4/1/2001 5100 Next Yr U Status Change 5/1/2000 $300 Sheriff's U Deed Plat Book Link EXHIBIT "B" Legal Description Espy's Subdivision Lot 54 as recorded in St. Lucie County Plat Book 2 Page 36, Official Records of Indian River County. ADDENDUM TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS ADDENDUM TO AGREEMENT is entered into as of the 71h day of February, 2022, by and between the Indian River County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and MJMC-2, LLC, a Florida limited liability company, whose address is 900 20th Place, Vero Beach, FL 32960 ("MJMC"). WHEREAS, the County owns a 0.07 -acre parcel of unimproved land located on the east side of Old Dixie Highway between 39th and 41St Streets, Vero Beach, FL, as depicted on the aerial photo attached as Exhibit "A", hereinafter, the "Property"; and WHEREAS, adjacent to the Property to the east is a 25' wide strip of right-of-way consisting of 0.050 acres that is depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, WHPG, Inc., a Florida corporation, owns the parcel of property located at 3990 Old Dixie Highway adjacent to the right-of-way and depicted on the aerial photo attached as Exhibit "A", and seeks to develop the parcel for auto storage; and WHEREAS, MJMC has petitioned to have the right-of-way strip abandoned so it may be combined with the Property to provide safe access to the WHPG parcel via Old Dixie Highway; and WHEREAS; the Parties wish to add an addendum to the Agreement to make sale of the Property contingent on the County approving the right-of-way abandonment. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree add an addendum to the Agreement, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. The Agreement to Purchase and Sell Real Estate is hereby made contingent upon the County approving abandonment of the 25' strip of right-of-way strip referred to as the Property consisting of 0.050 acres that is depicted on the aerial photo attached as Exhibit "A". 2. if the County does not approve the Petition to abandon the 25' strip of right-of-way, the Agreement to Purchase and Sell Real Estate shall become null and void. Signatures on the following page 0 IN WITNESS WHEREOF, the undersigned have executed this Addendum to Agreement as of the date first set forth below. MJMC-2 LLC A Florida limited liability company By, S Jan S elmby, anager Date Signed: Fe -b,;, 7 j.U22. ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Date Signed: Indian River County Administrator By: Jason E. Brown 91 Indian River County, FL •bit A Date created: 2/28/2022 Last Data Uploaded: 2/28/2022 8:06:43 AM Developed by(j Schneider GEOSPATIAL EHIBIT "A° V N r '- Overview 12-11 Legend ❑ Parcels Street Centerlines L i Municipal Boundaries 2 IRC -Private Schoo Government Facilities t� FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT t SCHOOL © HOSPITAL FIRESTATION LAW ENFORCEMEN— STATEPARK COUNTY PARK CITY PARK BOATRAMP • CANOELAUNC-1 CANOE LANDING Golf Courses Water 92 O Beach , �v r - * \ ,\ P 148 ft Date created: 2/28/2022 Last Data Uploaded: 2/28/2022 8:06:43 AM Developed by(j Schneider GEOSPATIAL EHIBIT "A° V N r '- Overview 12-11 Legend ❑ Parcels Street Centerlines L i Municipal Boundaries 2 IRC -Private Schoo Government Facilities t� FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT t SCHOOL © HOSPITAL FIRESTATION LAW ENFORCEMEN— STATEPARK COUNTY PARK CITY PARK BOATRAMP • CANOELAUNC-1 CANOE LANDING Golf Courses Water 92 11q Office Of Attorney's Matters 3/8/2022 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: Susan Prado, Assis',ant County Attorney DATE: March 1, 2022 ATTORNEY SUBJECT: Authorization to Proceed with Foreclosures on Code Enforcement Case Numbers: 2018020108 (Yates); 2017080035 (Palmer, 14th Avenue); and 2017040072 (Family Dollar) Pursuant to Florida Statute Section 162.09, the County may commence foreclosure action on any non -homestead property on which there is a code enforcement lien recorded for longer than three months. The Board of County Commissioners previously expressed a desire for the County Attorney's Office to look into the possibility of foreclosure as a remedy for outstanding code enforcement cases with recorded liens. The County Attorney's Office has followed that instruction and retained outside counsel. The County Attorney's Office worked in coordination with code enforcement staff to come up with a list of code enforcement cases appropriate for the foreclosure process. Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on February 28, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2018020108 (Yates): This code enforcement action started in 2018 with a complaint regarding a septic system in disrepair as well as unsecured vacant structures. There was an evidentiary hearing on March 26, 2018 at which time the respondents (Estate of Dallas and Jane Yates C/O Dallasteen Yates) were found in violation of the Indian River County Code of Ordinances (the " IRC Code"). The respondents were given a time frame to correct. At a compliance hearing held on April 23, 2018, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3117 and Page 2458. The property was never brought into 93 compliance and in fact one of the unsecured structures had a fire and has been left in the half burned down state. Case Number 2017080035 (Palmer, 14th Avenue): This code enforcement action started back in 2017 with a complaint regarding junk vehicles, trash, debris, construction equipment storage, and a dilapidated fence. There was an evidentiary hearing held on January 22, 2018 at which time the respondents (Michael S. Palmer and Kelly L. Palmer) were found in violation of the IRC Code. They were given a time frame to correct. At a compliance hearing held on March 26, 2018, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3109 and Page 1500. The property was never brought °nto compliance and in fact has become worse with more junk trash and debris. The County recently obtained an injunction against the respondents regarding their homestead property located at 15th avenue and cleaned up the property leaving the County with roughly $20,000 in costs. By seeking foreclosure of the non -homestead property the County will be able to abate the nuisance at this property ceasing the code enforcement issues as well as attempt to recoup the amount that was spent to clean up the homestead property located at 15th avenue. Case Number 2017040072 (Family Dollar): This code enforcement action started in the summer of 2017 with a complaint rega-ding the site plan nonconformance violations, landscape maintenance violations, and junk, trash, and debris violations. There was an evidentiary hearing on June 26, 2017 at which time the respondents (Belmont Equities LLC and Family Dollar) were found in violation of the IRC Code. They were given a time frame to correct. At a compliance hearing held on November 27, 2017, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3081 and Page 1500. The property was never brought into compliance and in fact more trash has accumulated onsite despite the current running fine. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000 per case coming out to about $21,000 total. Funding for these services will be made available from a subsequent budget amendment funded by MSTU Fund Reserves. This funding will be offset by any revenues received through the foreclosure process, after previous costs to clean-up the property are recovered. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Liens for code enforcement case numbers 20180250108 (Yates), 2017080035 (Palmer, 14th Avenue), 201704007 (Family Dollar). W, 3/1/22, 2:22 PM Landmark Web Official Records Search 3120180030867 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3117 PG: 2458, 5/18/2018 4:11 PM G CODE ENFORCEMENT BOARD INDI-AN RIVER COUNTY, FLORIDA IN THE MATTER OF: YATES, DALLAS & JANE [ESTATE] C/O YATES, DALLASTEEN J. 3810 45TH ST VERO BEACH, FL 32967 , Respondents CEB Case No. 2018020108 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on March 26, 2018, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On April 23, 2018, this Board conducted a compliance hearing to determine whether the Board's order of March 26, 2018, had been complied with. Respondents were provided proper notice of the compliance hearing, and Dal lasteen Yates was present at the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist open septic systems in disrepair and unsecured vacant structures in the RM -6 Zoning District, which constitutes the use of the property in violation of Sections and 973.03 and 403.06(6) of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of April 20, 2018, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 64TH AV SEBASTIAN COMMON AREA 8835-8889 Tax Parcel ID No. 31-39-29-00000-5000-00047.0 Legal Description: BEG AT NE COR OF NWl/4 OF SW 1/4; RUN W 165 FT; S 528.8 FT; E 165 FT; N 528.4 FT TO POB; LESS E 25 FT FOR RF R/W PER OR BK 413 PP 777 beginning April 21, 2018. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED April 23, 2018, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nune pro tune. �' • COUNTY ATTORN EY'S OFI-ICE INDIAN RIVER COUNTY 180127th Street Vero Beach, Florida 32960 95 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/2 3/1/22, 2:22 PM BK: 3117 PG: 2459 IV Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcemen ard, and attested and countersigned by the Recording Secretary of such Board this Ltd_ day of 2018. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTE' By: sa Carlson Frank M. Clements I , Ch Recording Secretary Indian River County Code CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provide n d es ondent(s) by first class U.S. Mail addressed to the above-specified addresses this Ill 2 018. day of �V isa arlson, Recording Secretary REV D AS TO LEGAL FORM: j kfffiir D. Peshki Boar I Advising Attorney CEB Case No. 2018020108 Code Officer: THOMAS ALLRED STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CODE ENFORCEMENT BOARD BY: DATE: '-' Ll�So W, https://ori.indian-river.org/search/index?theme=.blue§ion=searcchCriteriar4ame&quickSearchSelection=# 2/2 3/1/22, 2:25 PM Landmark Web Official Records Search 3120180023965 RECORDED IN THE RECORDS OF JEFFREY R SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3109 PG: 1_-500, 4/19/2018 4:21 PM r. CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: CEB Case No. 2017080035 PALMER, MICHAEL S. and KELLY R. 1262 15TH AVE. VERO BEACH, FL 32960 , Respondents ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on January 22, 2018, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On March 26, 2018, this Board conducted a compliance hearing to determine whether the Board's order of January 22, 2018, had been complied with. Respondents were provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist junk vehicles, vehicles parked in the front yard and roadside, a dilapidated fence, outdoor storage of construction material and miscellaneous trash in the RS -6 Zoning District, which constitutes the use of the property in violation of Sections 973.03(2), 403. 10, and 911.15(4)B, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of March 23, 2018, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENTS for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 1286 14TH AV VERO BEACH Tax Parcel ID No. 33-39-11-00004-0010-00010.0 Legal Description: S 1/2 OF LOT 10 & LOT 11, BLOCK 1, RIVENBARK SUB IRF, PBI 3-28 beginning March 24, 2018. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED March 26, 2018, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. COUNTY ATTORNEY'S OFI'ICE INDIAN RIVER COUNTY 1801 27th Street Vere Qeach, Florida 32960 a https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriar4ame&quickSearchSelection=# 1/2 3/1/22, 2:25 PM BK: 3109 PG: 1501 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforce m nt Board, nd attested and countersigned by the Recording Secretary of such Board this day of j 12018. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTE T: Y J(dAb!A) By: sa Carlson Fradk M. Clements III, Chairman Cry. Recording Secretary Indian River County Code Enforcement �A n �I fs CERTIFICATE OF SERVICE': I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above-, nakiedd Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this oday of 2018. Lisa Carlson, Recording Secretary REVIEWED AS TO LEGAL FORM: Edie E. Collins Board Advising Attorney CEB Case No. 2017080035 Code Officer: VANESSA CARTER SOLOMON STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS LSA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. BY:a2E6__) DATE: https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 2/2 3/l/22,2:21 PM Landmark Web Official Records Search 3120170074874 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3081 PG: 1500,12/28/2017 9:25 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: BELMONT EQUITIES LLC 441 KINDERKAMACK RD ORADELL, NJ 07649 FAMILY DOLLAR 4490 43RD AVE VERO BEACH, FL 32967 , Respondents CEB Case No. 2017040072 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on June 26, 2017, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent(s) to take corrective action by a certain time, as more specifically set forth in that order. On November 27, 2017, this Board cond-.icted a compliance hearing to determine whether the Board's order of June 26, 2017, as amended by an Order Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered an;. that there does in fact exist site plan nonconformance violations, landscape maintenance violations, and jLnk, trash, and debris violations in the PDMXD Zoning District, which constitutes the use of the property in violation of Sections 914.15(7), 926.12, and 973.03(2), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of November 24, 2017, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 4490 43RD AV VERO BEACH Tax Parcel ID No. 32-39-27-00016-0000-00001.0 Legal Description: GIFFORD PD LOT 1 PBI 27-72 beginning November 25, 2017. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street Vero (leach, Fl*rW& 32960 99 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/2 3/1/22, 2:21 PM BK: 3081 PG: 1501 Landmark Web Official Reco,ds Search DONE AND ORDERED November 27, 2017, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this Iq day of t�P combe_a'' , 2017. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTES By: W rsa Car son Stephen W. Boehning, an Recording Secretary Indian River County Code Enforcemeti -.tea f•+,' ��, .. a , ; f..i , CERTIFICATE OF SERVICEj�' �•• ' I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respo dent(s) by first class U.S. Mail addressed to the above-specified addresses this, C1 day of 2017. &Isa\Cafl�son, Recording Secretary AS TO LEGAL FORM: Code Officer: KELLY BUCK STATE OF FLORIDA MJDIAN Rrm COUNTY TINS a ro CT R I P THAT THIS TSA TRUE AND CORRECT COPY OF THE COG NAL ON F LE IN THISOMCIL ...1 - 11 ••. - r,,►�� I ► 1 i' MAIM ?'-./ l Cl � 11 100 https://ori.indian-river.org/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 2/2 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 2, 2022 SUBJECT: Chapter 164 Mediation Update The County Attorney would like to provide the Indian River County Board of County Commissioners an update on the Chapter 164 mediation with the City of Vero Beach. 101 March 8, 2022 ITEM 14.6.1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 25, 2022 SUBJECT: Request the Board consider directing the County Attorney to start the process of establishing a Municipal Services Benefit Unit (MSBU) for the Pine Tree Park Subdivision to fund improved drainage and other future projects FROM: Joseph H. Earman Commissioner, District 3 Background Pine Tree Park Subdivision is bordered by 58th Avenue to the east, 66th Avenue to the west, 8th Street on the north, and 4th Street on the south. Home construction in this community began in the late seventies and continues to this day. As a subdivision built under older building codes, especially with regard to home elevations and drainage requirements, the drainage system is not adequate to meet the needs of the area and requires regular maintenance from our Public Works Division. Many residents have reached out to me asking what can be done to improve these long-term drainage issues. Analysis Current Pine Tree Park resident Aaron Sunderlin has been in contact with me while leading a community effort to find a solution to the problem. After much discussion, a large number of residents seem to believe a MSBU might be the best route for funding such improvements. Funding There is no funding request at this time. Recommendation That the BOCC direct the County Attorney, in coordination with Public Works, to start the process of establishing a MSBU for Pine Tree Park.