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HomeMy WebLinkAbout04/19/2022vER� 1010 ORI�i' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 19, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Chaplain Lou Tropf, IRC Jail 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Pansey Jhagroo on Her Retirement From Indian River County Board of County Commissioners Department of General Services / Library Services Division with Twenty-one Years of Service Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Week of April 17 Through 23, 2022 As National Volunteer Appreciation Week Attachments: Proclamation April 19, 2022 Page 1 of 5 5.C. Presentation of Proclamation Proclaiming the Month of April 2022 As "National Alcohol Abuse Awareness Month" in Indian River County Attachments: Proclamation 5.D. Presentation of Proclamation Designating April 2022 as Water Conservation Month Attachments: Proclamation - Water Conservation Month 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Parvaneh Yagobi on Her Retirement From Indian River County Board of County Commissioners Department of General Services / Library Services Division with Twenty-one Years of Service Attachments: Proclamation 7.B. Presentation of Proclamation Honoring Mark James Caster on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services Fire Rescue Division with Twenty -Eight Years of Service Attachments: Proclamation 7.C. Proclamation Honoring Charlotte Bowling on Her Retirement From Indian River County Board of County Commissioners Department of Community Development / Building Division with Thirty-one Years of Service Attachments: Proclamation 7.D. Indian River County Venue Event Calendar Review Attachments: Event Calendar 8. CONSENT AGENDA 8.A. Approval of a Public Transportation Grant Agreement (PTGA) Amendment with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Attachments: Staff Report Resolution Agreement Budget Form 8.B. Amendment to Agreement for Annual Custodial Services with CER Signature Cleaning Attachments: Staff Report First Amendment April 19, 2022 Page 2 of 5 8.C. Award of Annual Bid 2022035 for Sod Attachments: Staff Report 8.D. Award of Annual Bid for Street Sweeping Services (Bid 2022037) Attachments: Staff Report 8.E. Easement and Agreement for FPL Underground Distribution Facilities for Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure Attachments: Staff Report FPL Installment Agreement FPL Underground Easement (Business) Notice of FPL Facilities (Form 360) FPL Design for Commercial Lateral 8.F. Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 22, Water Distribution Model, Calibration, Evaluation and Flushing Plan Attachments: Staff Report Invoice No 20959420 8.G. Approval of a License Agreement with Indian River Sports Complex, Inc. (a Not for Profit Florida Corporation) to provide Youth Baseball Programming and Enrichment Programs at the Helen Hanson Park located at 8020129th Court, Sebastian, FL Attachments: Staff Report IRSC License Agmt 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Eric Flowers: FY 2022 LE Mental Health and Wellness Act Program Grant Attachments: Memorandum from Sheriff Flowers 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Walter C. Hurst and/or Shirley Nelson re: 2015 Demolition Lien on Property Address at 4470 31st Ave. Attachments: Request to Speak - Hurst C. PUBLIC NOTICE ITEMS April 19, 2022 Page 3 of 5 10.C.1. Public Notice of Public Hearing for May 3, 2022, for Ordinance Creating Chapter 319 (Water Conservation Ordinance for Landscape Irrigation) of the Indian River County Code of Ordinances Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Executive Session to Discuss IAFF Negotiations Attachments: Staff Report Executive Session 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Update on the Archie Smith Fish House - Ice House Demolition Attachments: Staff Report D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. Adoption of Updated Purchasing Manual Attachments: Staff Report Proposed Changes to Purchasing Manual G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Administrative Policy AM 604.1 Amendment Attachments: Staff Report 604.1 13.B. Town of Indian River Shores - City of Vero Beach Federal Litigation Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Appointment of Jeff Stassi as Alternate for TCRPC-CEDS Committee Attachments: Memorandum Backup - Jeff Stassi Bio April 19, 2022 Page 4 of B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT 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 -vvww.irceov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9: 00 a. m. until 5:00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 19, 2022 Page 5 of 5 �Al PROCLAMATION HONORING PANSEY.IHAGROO ONHER RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENER.4L SERVICES, LIBRARYSER VICES DIVISION WHEREAS, Pansey Jhagroo has announced her retirement from the Indian River County Department of General Services, Library Services Division effective April 28, 2022; and WHEREAS, Pansey Jhagroo began her career with Indian River County on June 9, 2000, as a Library Clerk. In December 2002 she was promoted to a Library Technical Assistant position until her next promotion in October 2004 to a Library Associate H. In June 2013 she received a further promotion to Librarian I and held that position until her retirement, and WHEREAS, Pansey Jhagroo has served this County and Public with distinction and selflessness, providing customer service to library patrons of all ages. During her almost twenty-two (22) years of service, she was dedicated, and appreciated by her employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Pansey Jhagroo's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 19th day of April 2022. BOARD OF COUNTY COMMISSIONERS INDL4NRIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Proclamation DESIGNATING THE WEEK OF APRIL 17 THROUGH 23, 2022 AS NATIONAL VOLUNTEER APPRECIATION WEEK -Whereas, volunteerism strengthens communities, improves social problems, and enhances the overall quality of life for all citizens, including children, seniors, those who are disabled, impoverished, imprisoned, homeless, physically or mentally ill, or otherwise in need of assistance; and, -Whereas, volunteering changes the lives of volunteers in a positive way by increasing self- confidence, self-esteem and physical wellbeing; offering the chance to make new friends; and providing opportunities to learn new skills and abilities; and, Whereas, volunteering is proven to have a positive influence on businesses that are socially responsible by increasing employee morale, loyalty and teamwork, and building goodwill toward the company; and, Whereas, nonprofits, charities, community and faith -based groups, schools, volunteer centers, and national service programs in Indian River County have joined together with state and local governments in celebration and praise of volunteers who have given tirelessly and selflessly to the service of others. Naw, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, Florida, that the week of April 17 through April 23, 2022, be designated as NATIONAL VOLUNTEER APPRECIATION WEEK in Indian River County and the Board encourages all citizens to promote the spirit of volunteerism; to observe the appropriate activities, programs and ceremonies supporting volunteerism; and to participate and engage others in volunteer activities now and for as long as they are able. Adopted this 19th day of April, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss I 6-1 ProcCamation PROCLAIMING THE MONTH OF APRIL 2022 AS "NATIONAL ALCOHOLABUSE AWARENESS MONTH" IN INDIAN RIVER COUNTY, FLORIDA -Whereas, alcohol abuse and addiction transcends all ethnic, racial and socioeconomic boundaries. Alcohol Use Disorder (AUD) isa chronic relapsing brain disease characterized by an impaired ability to stop or control alcohol use despite adverse social, occupational, or health consequences and the effects of this disease are far-reaching. It is particularly devastating because it so often occurs in the privacy of the home and is so readily accessible; and -Whereas, during the month of April, Americans should contemplate the scars that alcohol abuse leaves; and because alcohol abuse usually takes place in private, many Americans may not realize how widespread it is right here in our own County. More than 60% of high school students in Indian River County do not believe that daily alcohol use is harmful to them. The percentage rate of binge drinking among adults in Indian River County rose by 5% since the previous measure by the United Way of Indian River County Community Assessment; and -Whereas, each year in the United States, more than 14 million Adults and 414,000 adolescents suffered from AUD, and 8 million Americans reported binge drinking on a monthly basis. As unsettling as these statistics are, it is also disturbing to realize that the behaviors of parents with AUD and the stressful family situations caused by the parents' condition can negatively affect children in the areas of health, academics, and psychosocial development from ages 6 to 17 years; and -Whereas, our prosecutors, law enforcement officers, and addiction specialists have worked together with Just Believe Recovery to reduce the rate of AUD in our County and help addicts and their families through the recovery process. Through education, awareness, and enforcement, we are striving to prevent AUD. Public action awareness will create a society that promotes strong values, fosters a safe and loving home environment for every family, and offers resources and support to those who need it. Notiv, therefore, be itproclaimed by the Board of County Commissioners of Incfuin River County, , COKda, that the month of April, 2022, be designated as "NATIONAL ALCOHOL ABUSE AWARENESS MONTH" in Indian River County, Florida. This Board urges all citizens to actively participate in the scheduled activities and programs sponsored by Just Believe Recovery to work toward the elimination of drug and alcohol abuse. Adopted this 19th day of April, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 3 Proclamation DESIGNATING APRIL 2022 AS WATER CONSERVATION MONTH -Whereas, water is a basic and essential need of every living creature; and -Whereas, The State of Florida. Water Management Districts and Indian River County are working together to increase awareness about the importance of water conservation through various educational programs, community events and improving stormwater and wastewater treatment; and -Whereas, Indian River County and the State of Florida have designated April, typically a dry month when water demands are most acute, as Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and -Whereas, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens, and others can make positive contribution to reduce water use and protect our water resources; and Whereas, the majority of Florida's drinking water is supplied by underground aquifers, and our quality of life and economy depend upon a clean and healthy environment; and -Whereas, Indian River County is calling upon each individual and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. Naw, Therefore, be it proclaimed by the Board of County Commissioners of Indian River County that April 2022 be designated as WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to use this occasion to increase their awareness of the importance of Water Conservation and the need to use Water more efficiently. Adopted this 19th day of April, 2022 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 4 Briefing on the Central Springs/East Coast Regional Water Supply Plan (2020 - 2040) Indian River County Commission Meeting April 19, 2022 Joy Kokjohn, Regional Water Supply Planning Coordinator St. Johns River Water Management District .� St. johns .River Water Management Districr Regional Water Supply Planning • Required by statute • 20 -year planning horizon • Conducted in an open public process Coordination with other agencies Approval by the SJRWMD Governing Board * Updated every five years St. Johns River Water Management District Projected water demand and needs Projected growth r r s • will Alternative water supply and conservation 400 350 300 A D y 250 CL C 200 0 m W 150 C 0 100 f 50 0 1995 2000 2005 o Public Supply oLandscape/Recreational Self -supply —Population 2010 2015 2020 Year ©Agriculture Irrigation Self -supply ®Domestic Self -supply 2025 2030 2035 2040 800,000 700,000 600,000 500,000 C O 400,000 A a 300,000 a0 200,000 100,000 0 ®Commercial/Industrial/Institutional Self -supply =Power Generation Self -supply 4-3 Water Resource Evaluation Can future water demand be met with traditional sources, while protecting water resources and related natural systems? MFL water bodies St. Johns River Water Management District Groundwater quality Brevard, Indian River, Okeechobee MFLs • Fox Lake • South Lake St. Johns River at Lake Washington Wetlands St. Johns River lint WriterManagement Distria 8 Brevard, Indian River, and Okeechobee Groundwater Quality Upper Floridan aquifer wells • High rate Cl- change = 21 • All 21 wells currently exceed CI - drinking water standard (250 mg/L) • Impacts to other users? St. Johns .River Water P meetDiseIr Brevard, Indian River, and Okeechobee Groundwater Quality Surficial aquifer wells • High rate Cl- change = 22 • 20 wells currently or projected to exceed Cl- drinking water standard (250 mg/L) * Impacts to domestic self -supply users? St. Johns River Water ,Management District Brevard, Indian River, and Okeechobee Wetlands Wetland acreage at moderate or high potential for change due to increased withdrawals by 2040 — Brevard = 327 acres --- Indian River = 7 acres -- Okeechobee = 10 acres .'tea. St. Johns River Wath btanagetnent District Brevard, Indian River, and Okeechobee Water Conservation and Reclaimed Water Potential 0 St. Johns River Water Management Disvict Brevard, Indian River, and Okeechobee Water Supply and Water Resource Development Projects The CSEC RWSP identifies projects to meet future water demands water supply development 16 projects at 29.2 mgd • water resource development _.. 5 projects at 37.4 mgd St. Johns River \Vaa 1 =2gemen[ Di'via SJRWMD Cost -Share in Brevard, Indian River, and Okeechobee Sub -Region (Fiscal years 2014 to 2020) Total funds to cooperators = $12.9M Funds for water supply, water conservation, and natural systems projects = $3.8M --- Alternative water supplies = 2.9 mgd 11 Water conservation = 4.1 mgd ?3 St. Johns River Water ;4tanagemenc Disvia 14 Conclusions for Brevard, Indian River, and Okeechobee Sub -Region Projected 23.5 mgd increase in demand from 2015 to 2040 f, Areas where traditional sources cannot meet projected demand without potential water quality impacts The increase in demand can be met entirely with water conservation and reclaimed water (low estimate) Identification of 105.1 mgd of projects and measures in Brevard, Indian River, and Okeechobee counties that will meet future demand, while protecting water resources and related natural systems OSt. Johns River Watct Management District Updates to the Abandoned Artesian Well Plugging Program FY 2022 program enhancements 13 wells plugged in IRC in four months Total cost of $92K ($20K from IRC; $72K from SJRWMD) 2.91 mgd water saved 15 St. Johns River �� ,6 Water Management District Indian River County Agricultural Cost Share Summary 17 East-Central Florida Transient Expanded Model (ECFTX) v 2.0 • ECFTX v 1.0 — water supply planning • ECFTX v 2.0 — water supply planning, MFL evaluations, and regulatory decisions • Improved calibration • Increased performance • User-friendly regulatory tool (available to permittees) • Available at 4 _ �PATA' •' w ,_ z qq *St. JOhn5 ]UV. -:Water N;aflawnlert Disoia 18 For additional information... www.sirwmd.com/water-supply/planning/csec-rwsp/ Joy Kokjohn Regional Water Supply Planning Coordinator (386) 329-4223 jkokjohn@sjrwmd.com St. Johns River Watee Management =-r Thank you to SJRWMD for compiling the Water Supply Plan for our area. We appreciate the data you have provided and feel that your exploration of the regional water supply was successful. The district is, however, primarily concerned with the St. John's River and ensuring water supply for our friends and neighbors to the north. The concerns of the IRNA are much more local. Did you know the 18 -county district had a population of 5.65 million people as of 2020? Indian River County makes up just 160k of that. We're small and most of us live outside of the headwaters of the St. John's and so we're in a unique position. Going over some of the basic data, our population is booming. We've doubled in population since 1983 and are projected to add almost 100k more people by 2040. That's a lot of new people. The average person uses just over 100 gallons of water per day. So, if all we did was add 100k new people, that would be 1 million additional gallons per day we'd be using here in just 20 years. And that's just residential person use only! One complaint we have with the regional water supply plan is that it is regional. Regional studies are great at showing what's going on over a large area, but zooming in on a particular area can be more difficult. In the main report document, a search for the words 'Indian River,' yields only 20 hits. Of those, six are referring to the lagoon and not our county. There is a great deal of backup in the appendices with all sorts of good data but much of it causes alarm. It appears to be much like the BMAP process: it sounds good, it would be nice if it solved our problems, but doesn't address the question "At our current growth rate, will we have an adequate supply of water? If not—what should we do about it?" Water conservation is one alternative that ceserves increased attention. We see this as an area that can work well going forward. We request that you, the commissioners, consider possible alternative courses of action. Is there a local plan to practice increased conservation? Most of the conservation projects listed in Appendix K were not done by the county but by private entities, how can we collectively do more? The Surficial Aquifer System is a source for public water supply in Indian River County. We are not the only consumer. Utilities, according to the report, who have historically relied on the Surficial Aquifer to meet all or a portion of their demand, have been transitioning to alternate sources to mitigate for wetland and water quality impacts. So, we ask, what are we doing to transition or prepare for a potential need tc do so? Frankly, after reading the report we are not sure how soon we will need to transition to another potable water source. When will we run out of water? When will our wells become too salty to be of use? How much has the aquifer gone down and how much more can it go down before it is lost to us? There are a lot of questions, more than there are answers. The aquifers are not an unlimited source of water. We can drain, damage, or even destroy our water supply if we're not careful. The data in this report was very good to know. But we need to know more. We need to know where we're going to find alternate water sources, and more importantly, when we're going to need them. Thankfully in the 21St century, we have a multitude of methods available for providing potable water, some are expensive and some are energy intensive. There are options, however, they take time to implement. In the past this board has discussed hiring the USGS to complete a county wide geohydrology study. We know there have been concerns about the cost. Yes, geohydrology studies are expensive. Yes, they will take a while, but there are cost-sharing opportunities available and knowing is so much more valuable than not knowing. A USGS study is but one option to determine our local needs. The important issue is that we need know our County's water resources and potential future sources of supply. The local environmental and conservation community are willing to work with you to help ensure our hopefully wet future. In closing, we leave you with this quote from the Regional Water Supply Plan: "Results of the water quality analysis suggest that water quality constraints may exist in the coastal counties of the CSEC RWSP area. Statistically significant chloride trends, specifically in Brevard and Indian River counties, may indicate a stressed fresh aquifer system, in the case of the surficial aquifer, or saltwater intrusion resulting from upconing and the lateral encroachment of seawater, in the case of the Upper Floridan aquifer." Time could be running out. Frankly we don't have enough information to be able to prepare a sufficient potable water supply for the next 20 years. We need more local targeted data to know for sure what we need to do and when. Thank you for listening and thank you to the SJRWMD for compiling this report. +1a 7A PR O CLAMA TION HONORING PAR VANEH YA GOBI ON HER RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES, LIBRARYSER VICES DIVISION WHEREAS, Parvaneh Yagobi has announced her retirement from the Indian River County Department of General Services, Library Services Division effective April 29, 2022; and WHEREAS, Parvaneh Yagobi began her career with Indian River County on September 1, 2000, as a Library Clerk. In May 2009 she was promoted to a Library Technical Assistant, the position she held until her retirement; and WHEREAS, Parvaneh Yagobi has served this County and Public with distinction and selflessness, providing customer service to librarypatrons of all ages. During her almost twenty-two (22) years of service, she was dedicated, and appreciated by her employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDJAN RIVER COUNTY, FLORIDA, that the Board applauds Parvaneh Yagobi's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County; and BE IT FURTHER PROCLALNED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 19th day of April 2022. BOARD OF CO UNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 5 m I PROCLAMATION HONORING MARK JAMES CASTER ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES FIRE RESCUE DIVISION WHEREAS, Mark Caster retires from the Indian River County Department of Emergency Services Fire Rescue Division effective April 30, 2022; and WHEREAS, Mark, after volunteering with the ambulance squad for two years, began his career as a Paramedic I for Indian River County on October 8, 1993; and, WHEREAS, Mark achieved Paramedic II status in 1997 and on October 1, 2000 became a Lieutenant of Emergency Medical Services; and, WHEREAS, upon consolidation in 2006 of the Indian River County Emergency Medical Services and Fire Rescue Departments, Mark renewed his fire standards and was reclassified as a Solo Firemedic and was promoted in 2012 to Fire -Medic Engineer; and, WHEREAS, on October 16, 2015, Mark was promoted to Firemedic Lieutenant in which capacity he has served until his retirement. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Mark Casters efforts on behalf of the County, and the Board wishes to express their appreciation for the exemplary service he has given to Indian River County for the last twenty-eight years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 19" day of April 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman P 1A PROCLAMATION HONORING CHARLOTTE BOWLING ONHER RETIREMENT FROMINDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION WHEREAS, Charlotte Bowling retires from the Indian River County Department of Community Development, Building Division effective April 29, 2022; and WHEREAS, Charlotte Bowling began her career with Indian River County in the Community Development Department on August 27, 1990 as a Clerk I in the Planning Division and was promoted on July 30, 1991 to Secretary, later reclassified to a Planning Assistant. Ms. Bowling transferred from the Planning Division to the Building Division as an Administrative Secretary 17 on August 24, 1998. On March 30, 2001, Ms. Bowling was promoted to Senior Building Support Specialist, and on April 28, 2017 Ms. Bowling was promoted to Building Administrative Assistant, which is the position she served until her retirement; and WHEREAS, Charlotte Bowling has served this County and the Public with distinction and se f essness. She has gained the respect and admiration of her colleagues, co-workers and citizens within the County and her work is greatly appreciated; and WHEREAS, Charlotte Bowling's thirty-one plus years of dedication serving the citizens of Indian River County and the operational knowledge of the Community Development Building Division will be greatly missed! NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Charlotte Bowling's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River Countyfor the last Thirty-one plus years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 19`h day of April 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 7 ?00 Indian River County Venue Event Calendar For more information go to www.ircgov.com - Event Calendar Art Box program for Adults: Acrylic Paint Pouring Apr 19 @ Brackett Library • 6-7pm. Free Event! Make a mess with us! Join us for paint pouring and create beautiful art! All supplies will be provided. Registration is required. Face coverings are encouraged. Children's Craft Workshop: Earth Day Craft Apr 20 @ Brackett Library - 6-7pm. Free Event! Join us for an Earth Day inspired craft. This program is intended for 5 to 12 -year-olds. Registration is required. Femme Fatale Arms Store — Basic Firearms Use and Safety/Concealed Carry Training Class Apr 21 @ IRC Shooting Range • Starts at 9:30am. Event costs $155. Contact Femme Fatale Arms for any questions! This class exceeds the minimum requirements of training by the state of Florida to receive a concealed carry license. Students successfully completing this class will receive a certificate to use to apply for your Florida Concealed Weapons License. Children's Drive -in -Movie Apr 21 @ IRC Main Library • 6-7:30pm. Free Event! Join us for a Drive -In -Movie inside the library! We will make our own "cars" and then use them to sit in and enjoy a family friendly movie. This is a BYOB program, (Bring Your Own Box.) Materials to create and decorate the cars will be provided, as well as popcorn. KDMF-5 Car Show Apr 23 @ IRC Fairgrounds • 9am-5pm. Admission $5. Come to Indian River County Fairgrounds and see up to 250 cars of all makes and models. E:3 Indian River County Steel Apr 24 @ IRC Shooting Range • Starts at 9am. Event Cost $20. IRC Steel gives the shooter the opportunity to shoot fast and practice their magazine changes while engaging multiple steel targets. If you want to take your defensive pistol training to that next level, IRC Steel is here for that purpose. Sheepdog Tactical Firearms Class Apr 30 @ IRC Shooting Range • Starts at 9am. Event Cost $125. This is a Basic Handgun Training that will cover your concealed weapon certification and you will receive a certificate to obtain your license. Nautical Flea Market Apr 30 -May 1 @ IRC Fairgrounds • 9am-5pm Saturday & 10am-4pm Sunday. Admission $10. Visit: https://flnauticalfleamarket.com/ Come and see Treasure Coast's largest "Marine Event" of this type! New/used boats for sale, Fishing/boating seminars, sea food expo building, and lots of Nautical Fun! Art Box Program for Adults: Bubble Painting May 17 @ Brackett Library • 6-7pm. Free Event! Bubble are not just for the kids! Join us and create art using BUBBLES and paint! All supplies are provided. Registration is required. Face covering are encouraged. Lilo and Stitch Family Movie Night May 21 @ iG Center • Starts at 5:30. Free Event! Register: ircgov.com/parksandrecreation/ r Come join us at the iG Center to celebrate the end of school with our Family Movie and Game Night! It's Luau themed, so make sure to wear your favorite Hawaiian gear! There will be food trucks, games, and more! 2022 Trilogy Challenge (3rd Annual) May 28 @ Kiwanis Hobart Park Disc Golf Course • 8:30am-lpm. Check in at lam. Event Cost $45. Website: -v,,tivw.discgolfscene.com Trilogy challenge Disc Golf Tournament. Players pack includes a driver, midrange, and putter. Players can only use the three disc that are provided. This is the 3rd annual event held at Kiwanis Hobart Park. There will be men's, ladies, and youth divisions. 9 N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director Brian Freeman, AICP; MPO Staff Director FROM: Jon Howard; Senior Transportation Planner DATE: April 12, 2022 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) Amendment with the Florida Department of Transportation (FDOT) for a Section 5311 Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 19, 2022. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). Section 5311 funds are used to provide transit service to rural or small urban areas. Such transit service includes fixed -route service (GoLine) and demand - response service (Community Coach). The current grant agreement was approved in FY 20/21 and provided $79,305 in funding assistance. For FY 21/22, FDOT has allocated an additional $79,305 to the County. A 50% nonfederal match is required for operating assistance. Matching funds will consist of $39,652.50 from the state Public Transportation Block Grant and $39,652.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receNe these funds, the BCC must amend the existing Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment 2). 10 ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA Amendment for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the Amendment, County staff will transmit it to FDOT. Once the PTGA Amendment has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed -route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. The existing grant agreement covers a three-year period and includes funding for the first year. This amendment represents the second year of funding. Any unexpended funds will carry over to the remaining years of the agreement. The grant agreement expires on June 30, 2024. At that time, it will be replaced by a new grant agreement. FUNDING Through June 30, 2024, funding in the amount of $79,305 will be budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Number 00111041-088230 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement Amendment and adopt the resolution authorizing the Chairman to sign the Amendment. ATTACHMENTS Authorizing Resolution for the Execution of a Public Transportation Grant Agreement Amendment FDOT Public Transportation Grant Agreement Amendment Grant Budget Form 11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT AMENDMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $79,305 in FY 2021/22 Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved fcr adoption by , and the motion was seconded by , 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 12 The Chairperson thereupon declared the resolution duly passed and adopted this 19th day of April , 2022. BOARD OF COUNTY COMNVIISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 19th day of _ April , 2022. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS I:• Phil Matson, AICP, Director Community Development Department 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Financial Project Number(s): Fund(s): (item -segment -phase -sequence) 407182-3-84-01 Work Activity Code/Functon: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Contract Number: G1V00 Federal Award Date: CFDA Number: 20.509 Agency DUNS Number: CFDA Title: Formula Grants for Rural Areas CSFA Number: N/A CSFA Title: N/A DU, LF FLAIR Category: 215 Object Code: Org. Code: Vendor Number: Amendment No.: 79208989 Form 725000.03 STRATEGIC DEVELOPMENT OGC 11/19 088774 780000 55042010429 F596000674006 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment") is made and entered into on , by and between the State of Florida, Department of Transportation ("Department"), and Indian River County BOCC, ("Agency"), collectively referred to as the "Parties." RECITALS WHEREAS, the Department and the Agency on 2/24;2021 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement"). WHEREAS, the Parties have agreed to modify the Ag-eement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended to increase the Department's financial participation for Fiscal Year 2022, as allocated per Central Office for 5311 operating assistance to Indian River County BOCC for its non -urbanized area public transportatior 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance `Exhibit 131: Deferred Reimbursement Financial Provisions 'Exhibit 132: Advance Payment Financial Provisions 'Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements *Exhibit G: Financial Assistance (Single Audit Act) 14 PUBLIC TRANSPORTATION DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION DOC 11119 GRANT AGREEMENT X `Exhibit H: Audit Requirements for Awards of Federal Financial Assistance `Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/ _ decreased by $158,610 bringing the revised total cost of the project to $317,220. The Department's participation is X increased/ —decreased by $79,305. The Department agrees to participate in the Project cost up to the maximum amount of $158,610, and, additionally the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY Indian River County BOCC By:_ Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Steven C. Braun, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 15 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo2120 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): providing 5311 funding for operating assistance to Indian River County BOCC for its non -urbanized area public transportation. B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit C and Exhibit 'D of original PTGA/JPA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted vAth invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and ve-ifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incur -ed by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): 16 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCO2120 Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 17 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occo2/20 EXHIBIT B Schedule o' Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Project Number Fund Type FLAIR Category State Fiscal Year Object CSFA/ Code CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 407182-3-84-01 DU 088774 2021 780000 20.509 Formula Grants for Rural Areas $79,305.00 407182-3-84-01 LF 088774 2021 780000 20.509 Formula Grants for Rural Areas $79,305.00 407182-3-84-01 DU 088774 2022 780000 20.509 Formula Grants for Rural Areas $79,305.00 407182-3-84-01 LF 088774 2022 780000 20.509 Formula Grants for Rural Areas $79,305.00 Totals $0 Total Financial Assistance $317,220.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $158,610 $158,610 $317,220 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $158,610 $158,610 $317,220 ouuyeL cateyory amounts are estimates ano can be shitted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/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, Florida Statutes Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott uepartment Vrant Manager Name Signature Date PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occoziz0 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCO2/20 EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $79,305 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No "The federal award amount may change with amendments "Research and Development as defined at 2 CFR §200.87 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code http://uscode.house.govibrowse.xhtmI Title 49 — Transportation, United States Code http://uscode.house.gov/browse.xhtml MAP -21 — Moving Ahead for Progress in the 21St Century, P.L. 112-141 www.dot.00v/map21 Federal Highway Administration — Florida Divis on www.fhwa.dot.00v/fldiv Federal Funding Accountability and Transparency Act iFFATA) Sub -award Reporting System (FSRS) www.fsrs.Qov 20 GRANT NAME:Section 5311 (Formula Grant for Rural Areas) Amendment GRANT #: G1 V00 AMOUNT OF GRANT: $79,305 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672 1. How long is the grant for? Three years Starting Date: 2/24/2021 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes _.L_No 4. Percentage of grant to match: 50 Retirement Contributions 5. Grant match amount required: S 79,305 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation Match consists of $39.653 in County funds already budeeted for public transportation and $39,653 in FDOT grant funds Soc. Sec. Medicare Matching 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) S 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year 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 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over three years? $79,305 21 Grant Amount Other Matching Costs Match Total First Year $79,305 $ $39,652.50 (County Match) $39,652.50 (FDOT Match) $158,610 Second Year $79,305 $ $39,652.50 (County Match) $39,652.50 (FDOT Match) $158,610 Third Year $ S $ $ Fourth Year S S $ $ Fifth Year $ S $ $ 21 ■ INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 11, 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 Amendment to Agreement for Annual Custodial Services with CER Signature Cleaning BACKGROUND: On March 2, 2021, the Board awarded Bic 2021013 for custodial services at the 43,d Avenue Facilities to CER Signature Cleaning for the 43rd Avenue Facilities and North County Offices. The first extension to the agreement was approved by the Board on March 8, 2022, effective through March 31, 2023, with an annual cost for the L3 rd Avenue Complex of $154,224. The Sheriff's Department has requested changes to services at their facilities, which include the addition of General Services Modular Building K, and the removal of the Mall Office. The deletion of the Mall office results in a $240 monthly/$2,880 annual decrease; the addition of Modular Building K results in a $750 monthly/$9,000 annual increase, for a net $510 monthly/$6,120 annual increase to the cost of the agreement. FUNDING: Funding is available as follows for the new annual tntal rrnct of t1 rn'Aaa- Account Number Account Name Annual Cost 00122019-033410 General Fund/Facilities Management/Janitorial Services j $152,844 11124541-033410 Transportation Fund/T•affic Engineering/Janitorial Services $7,500 RECOMMENDATION: Staff recommends the Board approve the Amendment and authorize the Chairman to execute it, after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: First Amendment 22 FIRST AMENDMENT TO AGREEMENT FOR ANNUAL CUSTODIAL SERVICES This First Amendment to that certain Agreement to provide Annual Custodial Services is entered into effective as of April 19, 2022, by and between Indian River County, apolitical subdivision of the State of Florida ("County") and CER Signature Cleaning ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Custodial Services effective April 1, 2021; and WHEREAS, the parties executed the First Extension, effective April 1, 2022 through March 31, 2023; and WHEREAS, the parties desire to amend the agreement to modify the services provided at Sheriff's facilities. 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 Amendment. 2. The Sheriff's Mall Office, 6200 20' Street (Mall Storefront) is deleted from section 1.2, and the building and amount of $240 per month/$2,880 per year is deleted from the amount payable for work, provided in Exhibit 2. 3. The Sheriffs General Services Modular Building K, approximately 1,200 square feet, is added to section 1.2, and the building and amount of $750 per month/$9,000 per year is added to the amount payable for work, provided in Exhibit 2. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 23 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. CER Signature Cleaning By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS 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: Dylan Reingold County Attorney 24 IN INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 8, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Admiristrator Kristin Daniels, Budget Directcr FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2022035 for Sod BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to establish firm fixed pricing for as needed delivery and installation of sod for various projects throughout the County. The current bid, awarded to Gomez Brothers on February 5, 2019, expired on February 4, 2022. The term of award is one year, with two additional one-year renewals available, subject to Contractor acceptance, satisfactory performznce, and staff's determination that renewal is in the best interest of the County. BID RESULTS: Advertising Date: February 1, 2022 Bid Opening Date: February 25, 2022 Demandstar Broadcast to: -.21 Subscribers Specifications/Plans Downloaded by: 12 Vendors Replies: 3 Vendors Firm -ocation Total Bid Price/Estimated Annual Cost Gomez Brothers Contract Services, Inc. Vero Beach $70,820 Florasod, LLC Fellsmere $83,593 Ground Level, Inc. `Nauchula $180,510 ANALYSIS: The previous bid contemplated only delivery of the sod by the contractor, while the current bid requested the bulk of the anticipated sod to also be installed by the contractor. The per square foot price for delivery only of Bahia sod has increased by 11.1%, and the delivered price for St. Augustine Floratam has increased by 5.2%. The anticipated quantity of Bahia to be needed decreased by 9.9%, and the quantity of Floratam to be needed decreased by 63%. The JFM overall annual estimated expenditure on sod by the Road and Bridge Division will decrease by 32.9% from the previous bid of $105,480. A comparison of the previous bid quantities and pricing and the current bid is shown on the table below. The Road and Bridge Division determined Gomez Brothers Contract Services, Inc. to be the lowest, responsive, and responsible bidder, and has recommended award to them. FUNDING: Funds for the six months remaining in the fiscal year are available as shown below Account Number Previous bid Current bid Previous Gomez Florasod Ground Transportation Fund/Road and Bridge/Sod Contracts est. qty. est. qty. Bid price Bros bid bid Level bid Bahia Sod Delivered 225,000 sf 2,700 sf $0.18/sf $0.20/sf $0.21/sf $0.50/sf St. Augustine Floratam Delivered 171,000 sf 2,700 sf $0.38/sf $0.40/sf $0.38/sf $0.80/sf Bahia Delivered and Installed N/A 200,000 sf N/A $0.22/sf $0.29/sf $0.60/sf Floratam Delivered and Installed N/A 60,000 sf N/A $0.42/sf $0.40/sf $0.95/sf The Road and Bridge Division determined Gomez Brothers Contract Services, Inc. to be the lowest, responsive, and responsible bidder, and has recommended award to them. FUNDING: Funds for the six months remaining in the fiscal year are available as shown below Account Number Account Name Available Amount 11121441-034683 Transportation Fund/Road and Bridge/Sod Contracts $35,410 RECOMMENDATION: Staff recommends the Board award Bid 2022035 to Gomez Brothers Contract Services, Inc. and authorize the Purchasing Division to issue blanket purchase orders for the period of April 19, 2022 through April 18, 2023 to the recommended bidder, after receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 26 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 7, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, CountyAdmin'strator Kristin Daniels, Budget Directof FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid for Street Sweeping Services (Bid 2022037) BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to establish firm fixed pricing for the sweeping of approximately 224 lane miles of streets, with 40 miles swept twice a month, 24 miles swept monthly and 160 miles swept bi-monthly. The previous bid, awarded to Clean Sweep & Vac, LLC expired on March 30, 2022. The term of award is one year, with two additional one-year renewals available, subject to Contractor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. BID RESULTS: Advertising Date: February 3, 2022 Bid Opening Date: March 2, 2022 Demandstar Broadcast to: 261 Subscribers Specifications/Plans Downloaded by: 9 Vendors Replies: 3 Vendors Firm Location Total Bid Price/Estimated Annual Cost USA Services of Florida, LLC Longwood $57,200 Clean Sweep & Vac, LLC Jensen Beach $83,696 Terra Maintenance Co. Port St. Lucie $169,432 ANALYSIS: The total bid prices and estimated annual costs include scheduled sweeping, as well as pricing for additional work after special events and parking lot sweeping. The previous bid was awarded for a total estimated annual cost of $58,017.50, witn the new bid representing a 1.4% decrease in the estimated annual cost. Although an additional 510 miles of scheduled sweeping was added to this bid, the per mile price submitted by the low bidder also represents a 1.5% decrease in estimated annual cost of 27 scheduled sweeping from the previous bid. A comparison of the previous bid pricing and current pricing is shown on the table below. Bid Annual Miles Per mile price Estimated Annual Scheduled Cost Bid 2021016 1,698 $33 $56,034 This Bid 2022037 12,208 $25 $55,200 The Road and Bridge Division determined USA Services of Florida, LLC to be the lowest, responsive and responsible bidder, and has recommended award to them. FUNDING: Funds for street sweeping are available as shown below. Account Number Account Name Available Amount 11121441-034682 Transportation Fund/Road and Bridge/Street Sweeping $85,000 RECOMMENDATION: Staff recommends the Board award Bid 2022037 to USA Services of Florida, LLC, and authorize the Purchasing Division to issue blanket purchase orders for the period of April 12, 2022 through April 11, 2023 to the recommended bidder, after receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 9.1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., P.E., Public Works Director James Ennis, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Easement and Agreemant for FPL Underground Distribution Facilities for Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure DATE: April 4, 2022 DESCRIPTION AND CONDITIONS On June 8, 2021 Indian River County Commissioners awarded bid number 2021038 to Allen Concrete & Masonry, Inc. in the Amount of $10,987,684.90 for the construction of the Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS), located at 6250 53rd Street, Vero Beach FL, 32967. The facility is Indian River County's sixth regional pollution control system designed to protect the Indian River Lagoon from excessive nutrient discharges from the Indian River Farms Water Control District's canal system. During coordination with Florida Power & Light (FPL) for securing electrical service for the Moorhen Marsh LEAPS facility it was determined that it is necessary to install an underground electrical service from the west side of 66' Avenue to the required location for the electrical service to the pump system on the Moorhen March project. In order for FPL to install the electric facilities and perform work on county property necessary to provide electrical service, the County must provide FPL with an underground easement, enter into an Underground Distribution Facilities Installment Agreement, and contribute $3,318.90 towards the construction to cover the differential cost between an underground and ar overhead system. An FPL credit of $2,975.00 is to be applied to Indian River County for trenching, backfilling, installation of conduit and other work as shown in the FPL exhibits thus resulting in a net payment o= $343.90. FUNDING Funding in the amount of $343.90 is budgeted and available in the following account: Description Account Number Amount Optional Sales Tax/Public Works/Moorhen Marsh -PC North 31524338-066510-16018 $343.90 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Underground Distribution Facilities Installment Agreement, the Underground Easement, and the Notice of FPL Facilities (Form 360) and authorize the Chairman to execute all. LIST OF ATTACHMENTS: 1. FPL Underground Distribution Facilities Installment Agreement 2. FPL Underground Easement (Business) 3. Notice of FPL Facilities (Form 360; 4. FPL Design for Commercial Lateral — Underground, Overhead Feeder Service APPROVED AGENDA ITEM FOR APRIL 19,202 29 RM UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this 29 day of NOVEMBER, 2021 by and between MOORHEN MARSH (hereinafter called the Customer) and Florida Power & Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as 6520 53R° ST located in VERO BEACH, Florida. (City/County) That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construction of $3.318.90 (the total Contribution) to cover the differential cost between an underground and an overhead system This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $2,975.00 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $343.9. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 277/480 volt, 3 phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The Contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document which contains a full legal description and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site, as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the Customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. 7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following: a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required, and d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL. Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor. 8. Prior to FPL construction pursuant to this agreement, the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location, depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes. 30 1 OF 2 c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed; and, that subsequent repair to FPL's system, once installed, will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customers contractors or subcontractors. d) Provide sufficient and timely advance notice (LO days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler sys=.ems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be bome by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade. f) Provide applicable trenching, backfilling, installation of Conpany provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the ciscretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions end specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre -construction conference with the Customers contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre -construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission, as they are now written, or as they may be revised, amended or supplemented. 11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customers receipt of a certificate of occupancy. Accepted: Accepted: For FPL (Date) Customer (Date) Witness (Date) Witness (Date) 2OF2 31 Work Request No. 11007830 Sec. 17, Twp 32 S, Rge 39 E Parcel I.D. 32391700001013000002.1 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Co. Name: Indian River County Address: 652053 RD ST VERO BEACH, 32967 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, Improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: (Witness' Signature) Print Name: (Witness) (Witness' Signature) Print Name: (Witness) STATE OF AND COUNTY OF Entity Name By: Print Name: Print Address: 20 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of 20 , by and produced [Notary Seal] who is (are) personally known to me or has (have) as identification. Notary Public, Signature Print Name: Title or Rank 32 Serial Number, if any LEGAL DESCRIPTION A 10 FOOT WIDE STRIP OF LAND FOR THE PURPOSE OF CREATING AN EASEMENT; SAID STRIP BEING A PORTION OF THOSE LANDS LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3025, PAGE 2176; SAID LANDS (THE PARENT TRACT) ALSO KNOWN AS THE MOORHEN MARSH STORM WATER FACILITY; SAID STRIP LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AS THE NORTHWEST CORNER OF SAID PARENT TRACT; THENCE RUN S00'12'26"W, ALONG THE WEST PROPERTY LINE OF SAID PARENT TRACT, SAID LINE ALSO BEING THE EAST RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT'S LATERAL 'A' CANAL, AS RECORDED IN DEED BOOK 48, PAGE 24, OF THE PUBLIC RECORDS IN St. LUCIE COUNTY, FLORIDA (SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY), A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE RUN N89'47'29"E, ALONG SAID CENTERLINE AND BEING PARALLEL WITH AND 5.00 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID PARENT TRACT, A DISTANCE OF 34.00 FEET TO THE POINT OF TERMINATION. CONTAINING: 340 SQUARE FEET, MORE OR LESS. NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THE SUBJECT PROPERTY MAY BE SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND/OR OTHER ENCUMBRANCES THAT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 4. THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY ENTITLED '53rd STREET — GREENE BOUNDARY SURVEY' (PROJECT No. 1714), PREPARED BY INDIAN RIVER COUNT- PERSONNEL ON THE DATE OF APRIL 4, 2017. 5. THE PURPOSE OF THIS SKETCH AND DESCRIPTION IS TO CREATE A 10 FOOT WIDE UTILITY EASEMENT FOR THE FLORIDA POWER AND LIGHT CORPORATION. 6. THE POSITION OF THE PROPOSED BURIED ELECTRIC LINE SHOWN HEREON IS APPROXIMATE AND MAY BE SUBJECT TO CHANGE. THE WEST END OF THE LINE IS CONNECTED TO A CONCRETE POWER POLE LOCATED JUST NORTH OF THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 66th AVENUE AND THE NORTH RELIEF CANAL AS SURVEYED BY INCIAN RIVER COUNTY PERSONNEL ON THE DATE OF MARCH 9, 2022. THE EAST END OF THE LINE IS TO BE CONNECTED TO A PROPOSED TRANSFORMER AS SHOWN ON AN EXHIBIT ENTITLED 'CAP—NEW SERVICE—COMMERCIAL LATERAL—UNDERGROUND, OVERHEAD FEEDER -325 FT', PREPARED BY THE FLORIDA POWER AND LIGHT CORPORATION, ON THE DATE OF NOVEMBER 29, 2021. THE POSITION OF THE PROPOSED TRANSFORMER WAS REFERENCED INTO THIS DRAWING FROM AN AUTOCAD FILE PREPARED BY TREASURE COAST ENGINEERING, ON THE DATE OF JANUARY 12, 2021. 7. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPCN THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT, AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF SOO'12'26 W ALONG THE WEST PROPERTY LINE OF THE MOORHEN MARSH STORM WATER FACILITY, AS SHOWN ON THE BOUNDARY SURVEY REFERENCED IN NOTE 4, ABOVE. LEGEND D.B.S. = St. LUCIE COUNTY DEED BOOK E = EASTING I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT N = NORTHING No = NUMBER O.R.B. = OFFICIAL RECORD BOOK P.I.D. = PARCEL IDENTIFICATION PER PROPERTY APPRAISER P.O.B = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER R/W = RIGHT OF WAY —BE—BE—BE— = PROPOSED BURIED ELECTRIC LINE CERTIFICATION THIS SKETCH AND DESCRIPTION S gVr-OR AND MAPP R IN RESPONSIBLE CHARGE IS NOT COMPLETE WITHOUT DAVID M. SILON, P.S.M. DATE FLORIDA REGISTRATION No. LS 6139 INDIAN RIVER COUNTY SURVEYOR AND MAPPER BOTH SHEETS 1 AND 2 AS CREATED. THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDI�IRIVERCOUNTY D ,0Wa 7; ofPubhi Woks Ei7oineemi g Division `cBto� 1801 27th ST, BUILDING A. ,no BFP.CH, rL 32960 DRAWN BY: D. SILON SECTION 17 SKETCH AND DESCRIPTION OF PROPOSED UTILITY EASEMENT AT MOORHEN MARSH STORM WATER FACILITY SHEET _ of Z TOWNSHIP 32S APPROVED BY: D. SCHR YVER RANGE 3PE P.O.C. NORTHWEST CORNER OF PARENT TRACT PER O.R.B. 3025, PAGE 2176 (777 O � BE 3 N _ (V r cq O 1n 0 5 10 P.O.B. N89'47 29 E 34.00' CENTERLINE OF 10' WIDE UTILITY EASEMENT GRAPHIC SCALE N=1221528.7 E=830139.9 ( IN FEET ) DETAIL (NOT TO SCALE) SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST I.R.F.W.C.D. NORTH RELIEF CANAL (250' R/W) P.O.C. NORTHWEST CORNER OF •BE PARENT TRACT PER (SEE BE BE NOTE O.R.B. 3025, PAGE 2176 6 eE BE (SEE DETAIL ABOVE) N89'47'29"E SOUTH R/?_LINE SOO'12'26"W 5.00' NORTH PROPERTY LINE OF PARENT TRACT in J � Q .. Q N N89'47'29"E 34.00' c) d POB CENTERLINE OF 10' (CONTAINING ORE340 LES Q WIDE UTILITY EASEMENT J J N=1221528.7 E=830139.9 i� CENTER OF PROPOSED P.O.T. ~ TRANSFORMER (SEE NOTE 6) N=1221527.7 CENTERLINE OF W 0] z ccif E=830168.8 10' WIDE UTILITY EASEMENT Li (L W IO Z Z Ld J MOORHEN MARSH c it STORM WATER FACILITY BIW (PARENT TRACT) to 0(PER Of O.R.B. 3025, PAGE 2176) !V) P.I.D. No. 32-39-17-0001-0130-00001.0 I3 THIS SKETCH AND DESCRIPTION IS NOT COMPLETE WITHOUT BOTH SHEETS 1 AND 2 AS CREATED z INDIANRIVERCOUNTY DeparfMealofPublieTVOrks DRAWN 17.SILON BY: SECTION 17 SKETCH AND DESCRIPTION OF PROPOSED UTILITY sHEEr TOWNSHIP 325 •�0R1 '' Engineering DiViS%O17 EASEMENT AT MOORHEN MARSH j APPROVED 6Y: RANGE 39E 1801 27U ST, BUILDING ,\ VERO BEACH, R 32960 D. SCNRYVER STORM WATER FACILITY 2 OF 0 FPL. NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeting/Contact: Developer/Contractor Name Project Number/Name: Location of Project City: FPL Representative Phone: Developer/Contractor Representative FPL Work Request #/Work Order #: 11007830 FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPus power lines than the OSHA -prescribed limits. If it will, you must either re -design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPS in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ("NESC") prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operatiN or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, whi a performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile yquipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the followi-.g OSHA minimum approach distances (refer to OSHA regulations for restrictions): 'Power Line Voltages "Personnel and Equipment Cranes and Derricks Travel under or near Power Lines (on construction sites no load) (29 CFR 1910.333 and 1926.600) (29 CR 1926.1407, 1408) (29 CFR 1926.600— Equipment) (1926.1411— Cranes and Derricks) 0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751 - 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500 000 volts 25 Feet 25 Feet 16 Feet 16 Feet 'When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. "For personnel approaching insulated secondary conductors less than 750 volts, avoid contact (Maintain 10 Feet to bare energized conductors less than 750 volts). For qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910.333, distances may be reduced to those shown in 29 CFR 1910.333 Table S-5. All excavators are required to contact the Sunshine State Ore Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. Means by which this notification was provided to customer and/or contractor Address FPL Representative Signature Date CustomerlDevelopedContractor Representative Signature Form 360 Rev. 1/09112 Date 35 U 0 N -z p w O > N °' Y3ppz0 W F w > $ O Nz0 C7� U zar= JO p 3 i� c d xp z x ia� w z i- ;< n$ 1 pOw = o p0�0 ?.cw z�� m m a y C r0Otr z W a > Ow�� fn w w w O z m e W(L ZZ) N w Wp> W }�� € ocZFZ �FF w UPON W haxw w `� ? .680 mlt D F H N N (Y > f W 2 Y Z 3 rn(� W U W Q a m N (QQQ� o a ` 2 H a .,. ... ~y? z0 C3 U 0 SO W SLC Z W N0 (7 UN =Q N E K W .to O 2 z pa a, O N m N fn w= W O>�S z��� Z�a o zwaN p;3O7paLL i�w'N O � aZ�oC ELL cii Cl) -.-__ Q W}= W U1-_ rwil rn m S (7Ow� p I` w> W H r W 900 ~ w6K U m a, W �Q U F5) fiUf ]C O] J mw J.J� y>> j a U Z Z d W N F LL U N d N p a Oo�oNaiF� 3 U d d 8 z z c') < m� N 3 3 � m 000 m3 N zzz w a� U D U- 00 C4 amv gji W = F d a xD CL F- 0 a Y � an �F r Lo22 LL X Q Y 9 a IL z Y L~L OIrl- X r '8L w LO CY) Y 0 r Q N T S Ln o M Z U) co J Q o r •- - L) �o N od W f s _ t_) X >N ]L JZ a $ z �� Mp JZ _ N j _ U)4 F— 4 0 H M NZ V� Q� 0 L Z i- LOJ pU dZ OW toH J� fn_ J� a� x 0my#j - g N f Ir U. .4 66TH AVENUE M ° G r � cn = w y w z ? � X a W N s -Y 1 CL p � Y cr) 9 1s s LLLi A, 0 o � "? - ei (a W) i o i LL,) 0 - LU LL s b 3 u + L dq5 laau IJ(' -AH Udlrmad K:K: L L LZOZIRA L :3MIGIVO 101 Consent Item IF Indian River County, Florida Department of Utility Services Board Memorandum Date: April 8, 2022 To: Jason E. Brown, County Adminis-rator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 22, Water Distribution Model, Calibration, Evaluation and Flushing Plan Descriptions and Conditions: On October 8, 2019, the Board of County Commissioners (BCC) approved Work Order No. 22 to Kimley- Horn & Associates, Inc. (KHA), for $176,988.00, to perform water distribution modeling services that were needed to update and calibrate the hydraulic model with actual field conditions. The project has since been completed. Analysis: Kimley-Horn & Associates, Inc. (KHA) has submitted Invoice No. 20959420, which is the final payment for services related to Work Order No. 22. The Indian River County Department of Utility Services (IRCDUS) has recommended approval of the payment. Funding: Funds, in the amount of $4,509.35, are budgeted and available in Utilities/General & Engineering/Other Professional Services, account number 47123536-033190, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/General & Engineering/Other Professional Services 47123536-033190 $4,509.35 Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $4,509.35, which represents final payment of Work Order No. 22 to Kimley-Horn & Associates, Inc. Attachment: 1. Invoice No. 20959420 F:\Ut1lities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\041922 BCC Agenda Items\Final Pay KHA WO #22 37 Kimley)))Horn tri6r S 2 8 ilk, 7027 R�ceiv-:o t?l%Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 932520 Account Number: 2073089159554 ATLANTA, GA 31193-2520 ABA#: 121000248 INDIAN RIVER COUNTY ATTN: TERRY SOUTHARD 1840 25TH STREET VERO BEACH, FL 32960 Federal Tax Id: 56-0885615 For Services Rendered through Feb 28, 2022 LUMP SUM Invoice No: 20959420 Invoice Date: Feb 28, 2022 Invoice Amount: $4,509.35 Project No: 044572056.1 Project Name: WATER DISTRIBUTION MODEL Project Manager: HOWARD, FANNIE Client Reference: RFQ 2018008 WO #22 u=ZI-ruri1VF1 Vr =KVILtS Nt"URMEL): - FINALIZED CONTROLS FOR ROSELAND BOOSTER STATION - RAN EXTENDED PERIOD SIMULATIONS TO FINALIZE MODEL EVALUATION - SUBMITTED FINAL WATER SYSTEM HYDRAULIC MODEL REPORT Total Invoice: $4,509.35 P.O. #: ACCT. #: 53 ACCT. #: DIVISION SUPERVISOR: UTIL. FINANCE: DEPT. HEAD: 3-29-22 If you have any questions, p/ease contact Haley Hermann at 561-421-1216 or Haley. Hermann@kfmley-horn.com. 31HMH Amount Earned Previous Amount Current Amount Description Contract Value Complete to Date Billed Due TASK 1: UPDATE THE WATER SYSTEM HYDRAULIC 16,604.00 100.00% 16,604.00 16,604.00 0.00 MODEL TASK 2: CALIBRATE THE WATER SYSTEM 52,500.00 100.00% 52,500.00 52,500.00 0.00 HRDRAULIC MODEL TASK 3: ADDITIONAL MODEL DEVELOPMENT 20,569.00 100.00% 20,569.00 20,569.00 0.00 TASK 4: MODEL EVALUATION/ REPORT 55,261.00 100.00% 55,261.00 51,392.73 3,868.27 PREPARATION I TASK 5: LIMITED UNIDIRECTIONAL FLUSHING 32,054.00 100.00% 32,054.00 31,412.92 641.08 MAPS Subtotal 176,988.001100.00% 176,988.00 172,478.65 4,509.35 Total LUMP SUM 4,509.35 u=ZI-ruri1VF1 Vr =KVILtS Nt"URMEL): - FINALIZED CONTROLS FOR ROSELAND BOOSTER STATION - RAN EXTENDED PERIOD SIMULATIONS TO FINALIZE MODEL EVALUATION - SUBMITTED FINAL WATER SYSTEM HYDRAULIC MODEL REPORT Total Invoice: $4,509.35 P.O. #: ACCT. #: 53 ACCT. #: DIVISION SUPERVISOR: UTIL. FINANCE: DEPT. HEAD: 3-29-22 If you have any questions, p/ease contact Haley Hermann at 561-421-1216 or Haley. Hermann@kfmley-horn.com. 31HMH 0 CONSENTDA BCC Meeting April 19, zuzz �•� oyj INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: April 6, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Interim Director Parks & Recreation Subject: Approval of a License Agreement with Indian River Sports Complex, Inc. (a Not for Profit Florida Corporation) to provide Youth Baseball Programming and Enrichment Programs at the Helen Hanson Park located at 8020 1291h Court, Sebastian Fl. BACKGROUND Indian River Sports Complex, Inc. (a Florida not for profit corporation) approached the County with the concept to provide youth baseball clinics, leagues, and enrichment programs at the County's Helen Hanson Park located at 8020 129th Court, Sebastian, Florida. The proposed license agreement will enable Indian River Sports Complex, Inc. (IRSC) to utilize the lighted baseball field and restrooms to conduct programming in exchange for IRSC making approved improvements to the baseball field. The improvements that IRSC will make during the initial term of this license will be installing a baseball field irrigation system, installing natural sports turf, and make playability improvements to the entire field. In addition to these improvements, IRSC will be responsible for the electric costs and will also maintain the entirety of Helen Hanson Park by providing grounds maintenance and custodial services. In exchange for providing the programming and oversight, assuming the maintenance responsibilities, making the above improvements, and paying the electrical costs for the park, IRSC will not be charged a fee for this license. The proposed term of this license is for an initial three years with an option to renew for two additional three-year periods. Conditions of this license directly related to youth sports programming are that IRSC will ensure that all staff, coaches and volunteers receive a Level 1 Background Check annually and that all staff, coaches, and volunteers receive enhanced coaching and youth engagement training via SafeSport. Annually, IRSC will provide a detailed description of all programs scheduled and conducted, attendance data, and details of how IRSC programs benefited the residents of Indian River County. IRSC will also provide a list of all staff, coaches and volunteers who are associated with the operations, maintenance, and programs performed by IRSC at Helen Hanson Park. The playground, basketball court, and open space of Helen Hanson Park will remain open to the public and use of the baseball field will be coordinated through IRSC with no fee during daylight hours. When lights are required, IRSC may charge a $20 fee per hour which is consistent with the County's current fee for other County operated ball fields. 39 This item was brought to the Board on October 12, 2021, however, it was deleted from the Consent Agenda prior to the meeting due to License Agreement negotiations requested by IRSC. The License Agreement is now being brought back to the Board for consideration. FUNDING: There is no direct funding impacting this Agreement. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the attached License Agreement with Indian River Sports Complex, Inc and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. ATTACHMENT: License Agreement between Indian River Sports Complex INC and the Board of County Commissioners of Indian River County, Florida for the use of the Helen Hanson Park Approved Agenda Item for April 19, 2022 40 LICENSE AGREEMENT This license agreement ("License Agreement") entered into on this day of 2022 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "IRC," and Indian River Sports Complex INC, 3285 3rd Place Vero Beach, FL 32968, hereinafter referred to as "IRSC," in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. IRC hereby issues a license to the IRSC for the use of the Helen Hanson Park, located at 8020 1291h Court, Sebastian, Florida 32958, in the County of Indian River, Florida, more particularly described as follows: The youth baseball field, baseball field lighting, and restrooms (Licensed Premises) The term of the License shall begin the day approved by the Board of County Commissioners and end three (3) years thereafter with an option to renew for two, three- year terms upon mutual agreement of both parties. IRC's right of entry onto the property shall begin upon termination of this License Agreement. 1.1 Extension of License. This License Agreement shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this License Agreement. 1.2 Termination of License by IRSC. IRSC may opt -out of this License Agreement anytime during the term of the -_icense Agreement by providing 30 days' written notice to IRC. This License Agreement shall terminate if IRSC no longer occupies or uses the Licensed Premises. 1.3 License Fee. Provided IRSC performs all terms and conditions of this License Agreement, IRSC shall not be required to pay a fee for use of Licensed Premises. 2. USE OF LICENSED PREMISES. During the term of this License Agreement, the IRSC shall use the Licensed Premises for IRSC, youth baseball programming, clinics and youth enrichment programming. IRSC shall not use the Licensed Premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; nor make, nor permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the Licensed Premises or the comfort a -id peace of the inhabitants of the vicinity of the Licensed Premises. Members and guests of IRSC shall not use tobacco or have alcohol on the Licensed Premises. IRC will permit access to the Licensed Premises to IRSC, however, that access is not intended to be exclusive access. IRSC recognizes that the Licensed Premises is open to the public, and other than the times IRSC is using the Licensed 1 41 Premises for scheduled activities, the Licensed Premises are open and available for use by the public. IRSC shall have the right, however, to charge organized sports leagues or other fee-based clinics and activities, for the use of the Licensed Premises, consistent with the IRC fee schedule. 2.1 INCIDENT REPORTING During the term of this License Agreement, IRSC shall report all incidents involving participants and property occurring on the Licensed Premises to the Indian River County Parks and Recreation Director immediately. 2.2 BACKGROUND CHECKS With seven calendar days of execution of this License Agreement, IRSC shall provide a list of all employees, volunteers and coaches to IRC together with a copy of their completed Level 1 background checks. During the term of this License Agreement, IRSC shall obtain Level 1 background checks on any new employees, coaches or volunteers and shall maintain level 1 background checks on all employees, volunteers, and coaches. Background checks are to be conducted annually. IRSC shall provide the Indian River County Parks and Recreation Director a list of all individuals who have had a background check performed. 2.3 SAFE SPORT TRAINING During the term of this License Agreement, IRSC shall require all employees, volunteers, and coaches to complete an awareness and abuse prevention training program. IRSC shall provide the Indian River County Parks and Recreation Director a list of all individuals who have completed this training. 2.4 Should IRSC fail to report incidents to IRC, fail to provide background checks or fail to complete and follow the mandates of Safe Sport Training, that failure shall be grounds for immediate cancellation of this License Agreement. 3. PROPERTY LICENSED "AS IS. "IRSC agrees that the property is being licensed "as is" and that IRC makes no warranty or guarantee of the condition of the property or any of the improvements. IRSC has examined the Licensed Premises and has determined that the Licensed Premises are suitable for IRSC's purposes. 4. COMPLIANCE OF LAW. IRSC shall comply with all of the laws, rules, ordinances, and regulations of the County, State, and Federal Governments and agencies regarding the use of the Licensed Premises. Violation of any law, rule, ordinance, or regulation may result in immediate termination of this License Agreement. 5. MAINTENANCE AND REPAIRS. IRSC agrees to make any approved improvements to the Licensed Premises and agrees to keep said Licensed Premises in a safe, clean and attractive condition during the term of this License Agreement. IRSC shall clean the restrooms daily. IRSC shall make any repairs to the Licensed Premises for damages caused by IRSC or its members or guests within a reasonable time frame upon request by IRC. Upon the expiration of the License Agreement, IRSC shall surrender the Licensed Premises quietly and peaceably in substantially the same condition as it was at the outset of this License Agreement, reasonable wear and tear and damage by the elements excepted. 5.1 GENERAL MAINTENANCE IRSC will be responsible for the maintenance and upkeep of the entire Helen Hansen Park grounds, excluding the playground, which includes mowing of the ball field and surrounding areas and preparing and maintaining the clay on the infield. 2 42 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. With written permission of IRC, IRSC shall have the right to install on the Licensed Premises such equipment, fixtures, and other items necessary or convenient for its use of the Licensed Premises. All equipment and property purchased by IRSC and placed in, on, or about the Licensed Premises, including equipment not affixed to the realty, shall remain the property of IRSC. IRSC may remove same on or before the termination of the License Agreement, provided that if removal results in damage to any part of the premises, IRSC shall return the Licensed Premises to a condition suitable for the original intended use of that part of the Licensed Property. In addition, any and all personal property not attached or installed in any building or structure shall remain IRSC's property and may be removed on or prior to termination of this License Agreement. 6.1 Improvements During the initial one -hundred and twenty days (120) of this License Agreement, IRSC will install an irrigation system servicing the baseball field and make playability improvements to the baseball field. Upon termination of this License Agreement, such improvements shall become the property of IRC. Any additional improvements or signage must be approved by the Indian River County Parks and Recreation Director in writing prior to said improvements or signage being added to the property. 6.2 Permitting Any improvements and or construction that will require a permit shall be done through IRC. 7. UTILITIES. IRSC will pay to assume the responsibility for the electric bill for Helen Hanson Park. IRSC agrees to hold IRC harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. IRSC agrees to hold harmless and indemnify IRC from any liability which may arise from the IRSC's use of the property. 9. INSURANCE. The IRSC shall carry the following insurance coverage and shall furnish IRC a certificate of said coverage. 9.1 Special Requirements. Prior to the commencement of the use of the premises, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide evidence of General Liability insurance coverage with limits of $1,000,000 per occurrence and $2,000,000 per aggregate to include $100,000 for third party property damage and $1,000,000 of molestation coverage. IRSC will also agree to the following insurance coverage provisions; A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. C. Provide a waiver of subrogation in favor of IRC and be primary coverage without contribution from IRC or its insurance carrier. 3 43 9.2 Lapse in Coverage. If the IRSC allows insurance coverage required under this License Agreement to lapse, expire, or be canceled, it shall be an immediate breach of the License Agreement and grounds for cancellation of this License Agreement. 9.3 Damage by Fire or Other Causes. That in the event the Licensed Premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this License Agreement shall thereby be determined ended. IRC shall not be liable to rebuild, replace or repair said premises. 10. PERFORMANCE REPORTING. IRSC shall report the following to the Indian River County Parks and Recreation Director on September 30th of each year. 10.1 A detailed description of all programs conducted at the park by IRSC. 10.2 A detailed list of all IRSC employees, coaches, and volunteers. 10.3 Detailed attendance for each program conducted at the park by IRSC. 10.4 A detailed narrative of how IRSC programs and use of the Helen Hansen Park have benefited the residents of Indian River County. 11. ASSIGNMENT. IRSC shall not assign or transfer any part of this License Agreement without prior written consent of IRC, which may be withheld for any reason. 12. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this License Agreement, the prevailing party shall be entitled to all attorney's fees, costs, and suit money expended to resolve that dispute. 13. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand -delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to IRSC at: Indian River County Sports Complex, Inc. 3285 3,d Place Vero Beach, FL 32968 Such notices to IRC shall be addressed as follows: Indian River County Parks and Recreation Director 1590 9th Street SW Vero Beach, Florida 32962 These addresses may be changed by either party by providing written notification to the other. 4 44 14. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. IN WITNESS WHEREOF, we, IRC and IRSC, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. IRSC Derek Muller BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: By: Its: c Peter D. O'Bryan, Chairman Witnessed by: signature:_ printed name: signature:_ printed name: Approved by BCC: , 2022 ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Jason E. Brown, County Administrator Approved as to form and legal Sufficiency Dylan Reingold County Attorney 45 IA Sheriff Eric Flowers Indian River County Sheriff's Office April 6, 2022 Chairman Peter O'Bryan Indian River County Board of County Commissioners 1801 270' Street Vero Beach, FL 32960 RE: Notice of request for placement on the April 19, 2022 Board of County Commission Agenda Dear Chairman O'Bryan, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the April 19, 2022 Board of County Commission agenda. Indian River County Sheriff's Office (IRCSO), would like to notify the Indian River County (IRC) that it is applying for the FY2022 Law Enforcement Mental Health and Wellness Act (LEMHWA) Program grant. This grant, if approved, will cover a portion of the cost of a service provider that helps with the overall health and wellness of agency personnel and connects them to support services including counseling when needed. The grant will also cover the expenses for training staff on how to assist in traumatic incidents and the overtime costs for call -outs to those incidents. Our goal is to provide our staff with the best and quickest care. The total dollars requested of the FY 2022 grant are $175,000 over a two (2) year timeframe. There is no local match required Should you have any questions, please contact Grants Specialist, for your assistance. Since y, 1 / Eric Flowers, Sheriff EF:wag Cc: Jason E. Brown, County Administrator Kristin Daniels, Budget Director IRC Board of County Commissioners Wendy Gardiner, at 772-978-6214. Thank you 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org �8 /®01 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMLATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Walter C Hurst / Shirley Nelson ADDRESS: 2000 W. Steele Ln #8 Santa Rosa, CA 95403 PHONE: 520-220-8317 2015 Demolition Lien on property address at 4470 31st Ave. SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? ❑ YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Request to adjust lien amount due to lack of notice receipt. (Notices mailed to improper address or file with County Assessors Office) ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES F ✓ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone None COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown M MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 11, 2022 SUBJECT: Public Notice of Public Hearing for May 3, 2022, for Ordinance Creating Chapter 319 (Water Conservation Ordinance for Landscape Irrigation) of the Indian River County Code of Ordinances The Board of County Commissioners will hold a Public Hearing on Tuesday, May 3, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 319 (WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION) OF THE CODE OF INDIAN RIVER COUNTY PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR WAIVERS FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27h Street, Vero Beach, Florida 32960. M Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: April 12, 2022 SUBJECT: Executive Session to Discuss IAFF Nejotiations Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss negotiations with IAFF for wage increases for FY22/23. The meeting will be held on April 19, 2022, immediately following the regular meeting of the Board. This meeting is exempt from F.S. 286.011. Discussions are limited to matters related to the negotiations. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; Tad Stone, Director of Emergency Services; David Johnson, Fire Chief, Kristin Daniels, Budget Director; and County Administrator, Jason E. Brown. 49 19CI DEPARTMENTALBCC Meeting April 19, 2022 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: April 12, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Interim Director Parks and Recreation Subject: Update on the Archie Smith Fish House — Ice House Demolition BACKGROUND In 2007, the Board of County Commissioners purchased the historic Archie Smith Fish House for $1.7M as part of the County's environmental lands program process. Though an application was made to the Florida Communities Trust, grant funding toward the purchase price was not approved. The subject waterfront property, listed on the National Register of Historic Places, consists of approximately 1.15 acres located at 1740 North Indian River Drive within the northern city limits of Sebastian. Structures on the Archie Smith Fish House property consist of the Main (principal) House, a rebuilt overlook and, until recently, the Ice House (over -water original structure historically used to store ice). When the County acquired the property in 2007, conceptual plans were to open the site to the public by rehabilitating the Main House for use as a small museum/visitor center, repairing the dock and providing boating access, and restoring the Ice House. In 2012, County staff applied for a grant with the Florida Department of State, Division of Historical Resources (DHR) that would be the first step in implementing the conceptual plan. The grant was subsequently awarded to the County and on October 22, 2013, the Board approved the cost -share Historic Preservation Grant (S1429) for the Archie Smith Fish House Restoration which included: • Facilities analysis and structural evaluation • Research and documentation of the history of the structure(s) • Development of as -built drawings • Development of detailed restoration plans • Development of detailed construction drawings and bid specifications • Preparation of permit applications and necessary approvals In February 2014, staff released an RFQ to complete the Professional Architectural and Engineering Services for the Archie Smith Fish House property. In April 2014, Atelier (the only firm to respond to the bid) was awarded a services consultant agreement in the amount of $99,000.00 for the planning, engineering/architectural design of the Archie Smith Fish House (site) to include written evaluation and recommendation statement of findings for consideration of the Board. Funding for this work was provided through the approved DHR grant with a 50% match by the County. The plans were completed, and the grant award requirements were met in the Fall of 2014. 50 On May 12, 2015, the Board approved Resolution No. 2015-60, committing to use $241,600 in Boating Improvement Funds as the County's match toward the estimated total cost of $483,200 for the dock restoration associated with Florida Inland Navigation District (FIND) grant application through the Waterways Assistance Program. The FIND funding provided in the award received was $100,000, thus requiring that the scope of work to be reduced to only the reconstruction of the dock (less the floating docks as originally submitted in the FIND application). Based on this funding, the County solicited bids for the reconstruction of the dock. On June 19, 2018, the Board approved an award of $186,925.00 to Indian River Docks, LLC, to complete the work to reconstruct the dock. As the project progressed, additional work was deemed necessary, and an additional change order was issued in the amount of $19,178.90 bringing the total cost of the project to $206,103.90. Following storms in 2016 and 2017, County staff have worked to stabilize the structures on the site by shoring up the buildings by stabilizing siding, and repairing holes in the roofing. Portions of the drying racks were also removed to reduce the potential for flying debris. In 2019, County staff applied for a DHR Grant to include the restoration of the Ice House (per the Atelier plans). The DHR grant application request in the amount of $147,121 was not funded. Partial funding of this portion of the project was provided in the County's approved Capital Improvement Element of the Comprehensive Plan, however, costs and constructability issues associated with the design prevented progress toward reconstruction/renovation. Since 2020, County staff made several attempts to stabilize the structures and protect them from further deterioration while future actions could be determined. On December 12, 2022, staff received calls from guests of the neighboring Captain Butcher's restaurant regarding the collapse of the concrete floor of the Ice House. Upon investigation, and during subsequent days following December 12`h, the concrete floor and walls continued to collapse into the Indian River Lagoon creating floating debris hazards. As time was of the essence, staff contacted the general contractor who had completed the work associated with the Atelier plans for the dock restoration/renovation project, and asked for assistance in containing the debris and an assessment of the structure's condition. Upon review by the general contractor, the Indian River County Public Works Director, and Parks and Conservation Lands staff, it was determined that the building posed safety hazards to the existing reconstructed dock, as well as to curious boaters and others who might try to access the building. Photographs and records documenting the collapsing structure and exterior leaning building were sent to the Florida Department of Environmental Protection prior to work commencing on the demolition of the structure. In early February, a turbidity curtain was installed under an emergency purchase order, and the general contractor began working on necessary permits required by the City of Sebastian for the demolition, which included asbestos and lead testing prior to initiating any work. On March 14, 2022, the Archie Smith Ice House was demolished under an emergency purchase order issued to the general contractor. Further evaluation and stabilization of the Main House is also needed as its condition continues to deteriorate under environmental conditions. Staff is requesting Board direction on how to proceed with the area where the Ice House was located based on the fact that the dock is not accessible to the public until modifications are made to the area where the Ice House was located. It is currently not safe for the public to use the dock due to the lack of a fall rail along the portion of the dock where the Ice House was located. 51 Upon consultation with the County Historian, Ruth Stanbridge, staff has contemplated several options which may include: • Re -design and installation of a reconstructed Ice House based on the Atelier plans. Re -design would be required to meet any differences between the plans and current Building Department standards. • Installing similar fall rails/handrails along the length of the dock where the Ice House was located, and installing commemorative educational signage on the dock. • Designing and installing an alternate structure for public use which may include a decking area with covered pavilion in the location of the Ice House, with commemorative educational signage. FUNDING: Funding spent to provide installation of the turbidity curtain, debris removal, and demolition were $58,107.25 leaving a funding balance of $291,892.75 in the current fiscal year's capital improvement account — 31521072-066510-14004 - Optional Sales Tax - Archie Smith Fish House Restoration. RECOMMENDATION: Staff respectfully requests that the Board of CountyCommissioners provide direction regarding how to proceed with the site as the public dock is not accessible due to a lack of a railing system in the area where the Ice House was previously located. Staff further requests direction as to the Main House structure and its worsening state. Approved Agenda Item for April 19, 2022 52 Conservation Lands Program General Services Department Parks & Recreation Division Conservation Lands Beth PcweII, Interim Director Parks & Conservation Resources Wendv Swindell, Conservation Lands Program coordinator 772-226-1875 • www.ircgov.com Conservation@ircgov.com 77, � � '^� �rtttt•�i S— . ,•� i I � P VJ�}��, i�lnx '�t I � � '� . `,� A_�_ p';I�'� � ���� t `',�.� ' 6 Historic Jungle frail Sites K „ Additional Hist,)ric Locations Yp � °+� --- — — - --- ------ I ndixi, R—. Cru , FI„nd.� CSS1,�L^2ylG T �y t ♦t�• I tJ orchlE 't` , GG.tlm t � � '^� �rtttt•�i S— . ,•� i I � P VJ�}��, i�lnx '�t I � � '� . `,� A_�_ p';I�'� � ���� t `',�.� ' 6 I 509 -4; N �I ARCM-. SMTH WHOLESALE HSH COFFANY bdi(n River Ccady. R Contributing USng and Structure Non-Contributi�g Mddng Q Boundary _._._.._...-..... Photo DFection O-) 2 Approx. Serle: 0.5' - l?' F CRAB EMSk The Crab House abuts the wall of the Fish Nouse, to the east, but no opening exists between them. A ce. 1945 Photograph shows that the gabled roofs of the two building were continuous (Phot. s). This is no longer trove, as esult o1 the fire in 1919 that destroyed the Fish House. The Crab Nwse;ls 10' by 10'. The floor is concrete, the walls ar wood, and the roof is galvarixed aetal (Photo 9). The South elevation opens onto the dock with four doors, three of which can be tightly sealed became they a cold storage ar one windows z 1.. on this wall. There wa originally more. Two windows a o the west ,all (Photo 10)Z8 The north wall has o eaeining window, but two bearded -up winds.. testify to a earlier configuration (Photo 11). The teeth exterior wall is vertical board and batten. The other walls are horizontal siding. The interior of this structure was originally divided into els roughly equal Spaces, with two north -south partitions, and east -wast partition. After 1950, the east -west partition was removed. To the wast of the Crab Nouse, in the water on the north side of the doth, is 'Sall area of net drying racks (Photo 10). bryirq racks were m .. for cotton Sets which had to be mended Sad dried daily ry A historic photo of 1945 shove an extensive net drying area north of the Crab Nouse (Photo 9). When synthetic nets repleted cotton nets, these racks were no longer necessary. 5� -3 2010 1 i�<, 5a -� Fl: -5i -I.. � DEJ EXPLORER 0=13 G k T ... CL M 0 �o map' Auto toqnol- Jan ZO19-Feb 2019- < image lof9 > 02,07+209 6d I 17 1 17 x ` r a Fc x ' gj te,2R �a c.•: 2018 a i� p 0.1r; : r� nr'�t t ,"y s ¢ rin x - t U o�B SYi W � z s "s 2020 till. :� I _�... AN Concrete Floo[ k � fi 7nitlal Collapse Reaorts f Decenber 2021 i ra=w•.,, ��i. .�H,� - t w.. 9 b 416, " fiat -fib 2022 - ,_� Colapse of 7Mrgs - 2 'L....a k Supports � e wmenmg 1 NF aCD idition i .F "•" '" _ _ �` f�� Fet-Vlarch 202: r., -J'o, Upon consultation with the County Historian, Ruth Stanbridge staff has contemp I which may include: Re -design anc nstallation cf a reconstructed Ice • house based on t�,e Atelier plans. Re -design I would be required to meet any differences between the pians and current Building Department standards. • Installing simi'ar fall rails/handrails along the - length of the dock where the Ice House was located, and installing commemorative - educational signage on the dock. F _ Designing anG nstalling an alternate stru_-ture for public Use which may include a decking area wits covered pavilion in the location of the Ice House, with commemorative educational signage. Re -design and installation cf a reconstructee Ice House based on the Atelier plans. Re -design would be required to meet any differences between the puns and current Building Department sta-idards. dx—��,:,s .k 5-5 Indian River County Conservation Lands Program Beth Powell Interim Director Parks & Conservation Resources 772-226-1873 • w Wendy Swindell Conservation Lards Program Coordinator 772-226-1881 • Conservation@ircgov.corn � � - i.� ix+. ._.3<. { .t"�, ... �✓ �i.h _�r.% M ` t t laF[ INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 7, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Adoption of Revised Purchasing Manual BACKGROUND: Indian River County Code Chapter 105 details Purchasing procedures and limits, and specifically establishes the County Administrator's purchasing authority. Other local purchasing thresholds and policies are established under the County Administrator's authority and detailed in the Purchasing Manual, as required by County Code Section 105.06. The Purchasing Manual is reviewed at least annually and updated as needed. Staff has identified several modifications to the Purchasing Manual that should be made to enhance the efficiency of our procurement processes, and ensure compliance with recent changes to Statute and the Code of Federal Regulations. Although the County Administrator has authority to approve changes to the manual, staff presents the changes to the Board and the public as a courtesy. The new manual will be posted to the County web site for easy access. DISCUSSION: The notable modifications made to the Purchasing Manual include: ✓ Updated the sections of 2 C.F.R. referenced as applicable to federally -funded procurements, as an additional section was added relating to domestic preference in procurements that involve iron, aluminum, steel, cement and other manufactured products. Also added requirement for U.S. Flags purchased for display at County facilities to be Made in the U.S.A. ✓ Updated name of ERP software system from Munis to Tyler Enterprise ERP ✓ Clarified authorities to waive bid technicalities and irregularities to match authority levels for award ✓ Removed 24-hour time limit for departments to provide missing information to requisitions before they are rejected by the Purchasing Division ✓ Added instruction that when quotes are obtained, the lowest quote is expected to be selected ✓ Added requirement for shipping to be included in requisition total, due to change in invoice processing procedures ✓ Added the steps for purchase order deductive change orders ✓ Added vendor requirement to participate in E -Verify, as required by 287.137, Florida Statutes ✓ Updated Purchase Order Exempt items 53 ✓ Updated list of online suppliers ✓ Updated invoice processing and fiscal year end procedures ✓ Added limit of three years for sole source designation, per Board's direction ✓ Streamlined the emergency PO request procedure ✓ Clarified the process to obtain a bid number ✓ Added the requirement for a clear description of the goods/services needed to bidding, RFP and RFQ procedures, to comply with 2 C.F.R. ✓ Added E -verify and Foreign Assets Sanctions list as sources bidders will be verified against ✓ Extended the time for a bidder to request withdrawal of bid from 24 to 48 hours ✓ Added a reminder regarding the limit of the County Administrator's authority for CCNA work authorizations and of the requirement to provide work authorizations and change orders to Finance ✓ Added requirement for submittal of 10 -year litigation history in RFQ process, per Board direction ✓ Removed requirement to score submittals when only one responsive proposal is received ✓ Added authorization for selection committee to recommend rejection of RFPs and RFQs received, and to request authorization to negotiate, or directly recommend award in an RFP ✓ Modified the appeal procedure to enable the County Administrator to hear the appeal in circumstances that do not require Board consideration, in line with Section 100.06, Indian River County Code ✓ Added authorized purchasing card transactions relating to travel ✓ Added option for disciplinary action for misuse of purchasing card after any violation ✓ Added Information Technology procurement process for hardware, software, phones and accessories ✓ Added Appendix section, which includes hyperlinks to various checklists, and instructions reference information for other resources. These references and documents will be updated independently from the purchasing manual, and as necessary without need for the County Administrator's approval. RECOMMENDATION Staff recommends the Board note its concurrence with the changes approved by the County Administrator. ATTACHMENTS: Proposed Changes to Purchasing Manual 54 discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. 0. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Admiristrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. P. Projects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds, the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.317 through 32-66327. Departments are responsible for defining funding sources when requesting a bid number or entering a requisition. Q. Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to a solicitation. This restriction is effective from the time of bid advertisement/release until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. R. Domestic Preference. To the extent practical as determined by the Department Director and Purchasing Manager, a preference will be given to items produced in the U.S.A. All U.S. Flags purchased for display at County facilities shall be Made in the U.S.A. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $35,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT —A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. 55 Enterprise ERP — Tyler Technologies enterprise resource planning (ERP) software program previously known as Munis. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD —The mandatory bid threshold shall be $35,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $75,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $75,000, without competitive selection, unless otherwise required by applicable law. OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally: price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) — A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (REQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most 56 qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE/SINGLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. These terms are used interchangeably, with Sole Source being commonly used by the County, but Single Source defined in 2 C.F.R. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the applicable County awarding authority to be immaterial to the substantive terms and corditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is d rectly responsible to the Director of the Office of Management and Budget. Except as otherw'se provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. C. Operational Procedures. The Purchasing Manager may adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Divisior staff. 57 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager, County Administrator or Board's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the Enterprise ERP MUNIS programelectFeRie fir;aRei.al Se-f1viaFe systeFzA. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. DepaFtments will be giyen-24 eequisitieftiIncomplete requisitions may --ii be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $3,500 and $35,000 shall include copies of the written quotations received from each of a minimum of three vendors dated within the past 30 days or listing a current expiration date. The lowest quote should be selected, unless otherwise authorized by the Purchasing Manager. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 CAPITAL ITEM PURCHASES Budgeted capital purchases must be completed and received during the funded fiscal year and must be procured in accordance with the quote and mandatory bid thresholds. Bids for capital purchases budgeted for more than the $35,000 bid threshold should be prepared in the first quarter of the fiscal year. All budgeted capital purchases should be made prior to June 1 to ensure the goods are received prior to the end of the fiscal year. Requisitions for unbudgeted capital purchases must be submitted with the written approval (email) of the Budget Director attached REZ 2.5 REQUISITION ENTRY Requests for purchase orders shall be initiated by entry of an electronic requisition into PAYNIS Enterprise ERF indicating the vendor, item description, and amount being requested. Requisitions shall also include the following information: A. Dates the blanket purchase order is to be in effect (i.e., start and end dates). B. General description of commodities to be purchased. C. Account number must accurately reflect the item being procured (for example, capital items should be against a capital account; tools should be against expendable tools rather than office supplies). Contact Finance for assistance in adding appropriate accounts. D. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. E. If only one account is used on the requisition and/or if a quote is attached showing all items to be purchased are under the $3,500 quote threshold, the entire requisition amount should be entered on a single line to facilitate invoice processing and year end PO closeout. -&F. Shipping must be included or accounted for on the total PO amount T --.G. Quote numbers and bid or contract numbers must be referenced in a note that will print on the Purchase Order. G -H. Requisitions for tires must have a list of fleet vehicles and their respective tire sizes attached. Fleet Management Division purchases are exempted from this requirement. 4-.1. Any requisition involving grant funding must have the commodity code (on main page of requisition entry) set to "000 Grant". Any requisition involving an operating lease must have the commodity code (main page of requisition entry) set to "001 Operating Lease". 2.6 CHANGE ORDERS If the amount of a purchase order is anticipated to be exceeded, the department shall request authority to increase the amount through their Department Director to the Budget Department using the electronic "Purchase Order Increase Request Form", which should provide sufficient detail and justification for the increase or change to account number. All requests to increase allocation against a Purchase Order (inclucing those associated with bids, piggybacks and other contracts) must provide an explicit explanation for the overage. Requests for increases to blanket 59 purchase orders must also provide the total amount spent by the requesting division on this good or service from this vendor in the previous fiscal year, on this good or service with all vendors in the previous fiscal year, and the total amount allocated for this good or service with all vendors for the current fiscal year. The completed forms must be electronically signed and forwarded by the Department Director. If the Budget Department approves the increased funding request, the Purchasing Division shall review and process the change order, up to a maximum total of $35,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $35,000 threshold). The County Administrator may authorize an increase up to a maximum $75,000 total (on purchase orders not associated with a bid, contract, or piggyback). The Board may authorize increases to Purchase Orders over $75,000. Multiple Purchase Orders may not be issued to the same vendor for the same goods or services to subvert the required approvals. Requests to decrease the funds allocated on a Purchase Order can be made by informal email to PurchasinRC@ircRov.com. 2.7 PURCHASE ORDER AUDITS The Purchasing Division will audit Purchase Orders issued by vendor to ensure compliance with applicable thresholds, approvals and contract terms and pricing. 2.8 VENDORS When a new vendor, whether to be paid through P0, Contract or Payment Request, is not presently listed in MUNISEnterprise ERP, or when an update to the vendor's information is necessary, the Originating Department shall pFevid btain and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well ,s the U.S. Government's System for Award Management database, and the U.S. Department of Treasury Office of Foreign Assets Control's Sanctions list. The vendor must be classified as "open" in the U.S. Department of Homeland Security's E -Verify system (as required in Section 287.137, Florida Statutes). If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources of information regarding the vendor's qualifications may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the Circuit Court, who shall enter the vendor information into its records and issue a vendor number which shall be provided to the Originating Department. Departments should review the vendor information (address, contact name, email, etc.) for accuracy prior to releasing a _requisition. Requested changes to vendor addresses must be documented in writing from the vendor and will require either Purchasing or Finance to contact the vendor by telephone for verification. 2.9 PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order, and may be processed on a payment request, or other method described: 1 budget bypo 9� itieR, hieh 99eFe 4;elude 1 In the departmeRt's aRRUaT -_ -2--1. Travel expenses in accordance with the Indian River County Travel Policy and submitted on appropriate travel forms (not payment request) -3-2. Routine overhead suc'-i as: water, sewer, natural gas, electrical, telephone and garbage fees 4.3. Shipping charges, postage and postage meter rentals: does not include mailing or stuffing service 5:4. Subscriptions (print and electronic, excluding software), subscription renewals and books. This includes the following for libraries: preview materials, standing o-ders, single sets pre-ordered to be shipped when published. Routine orders of books for libraries are excluded from this exemption. 6.5. Hospital bills and nursing home bills -7-.6. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8-.7.b b Salaries for instructorsteaeheFs, referees, umpires and swim instructors, and food expenses 9.8. Railroad crossing signal maintenance 49-9_ Legal services 44:10. Newspaper advertisement magazine/agency advertisements 411. Notary public applications 412. Welfare services indigent care (food vouchers, prescriptions) 4413. Medical services 45:14. Surplus equipment and services acquired from other local, state or federal agencies 4-6-.15. Application for permits 416. Registration and licen=sing fees 4:17. College tuition and/or educational fee and training fees 18:18. Membership dues 2&19. Instructor fees (Up to 53,000 per training event) 24.20. Title searches/title insurance 22-21. Expert witness fees a-,id/or services; also includes travel in accordance with Florida statutes 2-3-.22. Court orders 2.423. Landfill fees 2-24. Overnight express mail service 2:25. Payment of fuel credit cards �� Rhb st Fnps z 61 26. Reimbursement to County employees for the purchase of items intended for County use, when pre -approved prior to purchase by Division or Department Director in writing 24-27. Payments for Contracts (send directly to Finance without Payment Request) 2.10 ONLINE PURCHASES Prior to placing an order from an online vendor, whether by purchasing card or by purchase order, departments shall confirm with the Purchasing Division whether a County account has already been established. The Purchasing Division currently oversees online accounts providing tax- exempt and contract -based purchases from vendors such as Office Depot, Staples, Amazon, Lowes, Grainger, Fastenal, and Home Depot. Departments should not enroll the County with online accounts without first discussing with the Purchasing Division to prevent duplication of accounts, work with vendors convicted or suspended by the State or Federal government, and to ensure tax exemption and any available discounts are utilized. 2.11 ACCEPTANCE OF GOODS When physical goods are received, the packing slip must be signed by the person accepting or receiving the goods. This documentation must be submitted with the invoice for processing, or with the purchasing card receipt as documentation. If no packing slip is received, the order confirmation may be printed and signed in the same manner as indication of receipt. In cases where a packing slip or order confirmation cannot be provided because the vendor requires the delivery to be confirmed on the invoice itself, the employee receiving the goods must sign the invoice to confirm delivery and then forward to a supervisor for approval of payment. The person signing for receipt of the goods may not be the same person approving the invoice for payment. In cases where the person with signatory authorization is the same as the person accepting the goods, that person's supervisor must also approve the invoice. 2.12 INVENTORY AND CONTROLS Any goods held as "inventory" or "stock" must be controlled by an inventory management system. This does not apply to rapidly consumed items, such as office supplies. 2.13 INVOICES Payment can only be made to a vendor from a valid invoice (not a statement, quote, or email). Departments are responsible for ensuring vendor invoices include the following information: ✓ Purchase Order Number (if applicable) ✓ Description of the items provided ✓ For equipment parts, indicate a specific fleet or unit number, if applicable 62 The Department must verify the price and quantity reflected on the invoice is in compliance with the terms and conditions of the P0, contract and/or quote. Each invoice must be submitted separately for processing, eRtFy in MW and payment. Signature authorization for payment must be on each invoice itself (not the submitted PO copy or payment request cover sheet). Electronic signatures are acceptable. Invoices for maintenance periods crossing fiscal years must be split Departments should confirm with Finance the amounts to charge to each fiscal year. Invoices for a capital purchase that include maintenance must be split and the maintenance portion charged to the correct GL (non -capital) account. The Budget Department will audit invoices and General Ledger accounts. 2.14 DEPARTMENTAL INVOICE PROCESSING Departments will utilize Enterprise ERP's AP Workflow to enter and process invoices Those invoices that cannot be entered into Enterprise ERP will be manually processed per Finance policies and instructions. 2.15 PREPAYMENT AND DEPOSITS Departments must ensure vendor quotes do not require deposit or pre -payment prior to receipt of goods or services. The Budget Office must approve any deposit prior to requisition entry. 2.15 FISCAL YEAR END PROCEDURES Purchase orders are valid only through the end of the fiscal year issued Orders must be placed to facilitate delivery of goods and services prior to September 30thPurchase Orders will not be rolled over into the next fiscal year unless the Purchasing Manager determines such action is warranted Departments must review and identify any POs that will not be complete by the end of the fiscal year and provide the details to the Purchasing Division who will maintain a master list of incomplete POs and the dollar amount that needs to be rolled from one fiscal year into the next The Purchasing Division will enter requisitions for new year POs to facilitate payment for work completed or goods delivered after the end of the fiscal year, and provide the details of those affected GL Accounts and dollar amounts to the Budget office for inclusion in a budget amendment, which will be requested after the beginning of the next calendar year. 63 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. Quotes are required as detailed in paragraph 2.3. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $35,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation +r+ -to the MUMS requisition= A sole source or sole brand purchase up to $75,000 may be approved by the County Administrator. Any request in excess of $75,000, shall be submitted to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. 64 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and ro other dealer or distributor may sell within this geographical area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. Sole source designations will be valid for no more than three years before a new request and review are completed. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL- ENTITY CONTRACTS ("PIGGYBACKING") A. Authority to Enter into Piggyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, cooperatives, etc_) following a valid comaetitive selection process (and matching all of the County's internal process requirements), or (2) directly from vendors holding a current U.S. General Services Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and tFe public procurement unit agree and the procurement transaction was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $35,000), the County Administrator (up to $75,000), or the Board (up to and in excess of $75,000). B. Authority to Sponsor, etc Cooperative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on a cooperative basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency 65 procurement exceeding the $35,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. The Originating Department shall provide a written request to purchasing(cDircgov.com g describing the justifieatien f"' the emergency and providing justification for the emergency purchase order. -The proposed vendor, estimated dollar amount of the procurement and funding account should be provided, as available the emeFgeREY puFehased numb. A formal quote is not required. If an emergency is confirmed by the Purchasing Manager, the Purchasing Division shall enter a requisition in and assign an emergency purchase order number. The Originating Department shall provide the vendor with the PO number, make the purchase of the necessary commodities or services, and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. The Purchasing Manager will forward emergency purchase requests exceeding $35,000 to the County Administrator for his approval. Approved requests exceeding $75,000 will be presented to the Board of County Commissioners for ratification. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall submit the written emergency purchase order request to the Purchasing Division on the next working day. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $35,000) or after approval by the County Administrator (up to $75,000) or the Board (up to or in excess of $75,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A blanket purchase order may be issued for up to $35,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $3,500. Capital items may not be purchased on blanket POs, unless the blanket PO is associated with a bid or contract, or the using department has been explicitly authorized to make capital purchases on a blanket PO by the Budget Director. Blanket purchase orders issued as a Mi 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $35,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $75,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $75,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. Each request for bid number, with the exeeptieA of @RR al bids,, must be submitted by requisition accompanied by a completed Solicitation Request Form, which has been approved by the Budget Office for availability of funds. The Originating Department shall enter an electronic requisition IS, leaving vendor blank and line item at zero dollars. The approved Solicitation Request Form must include all requested information such as- iReluding a description of the commodity or service, estimated cost and identification of any external funding source(s). a funds, eRd uUpon receipt of an approved requisition and Solicitation Request Form, the Purchasing Division shall contact the Origi-iating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure ease of understanding for bidders, a clear description of the need for the goods or services being procured and that the specifications do not unduly restrict open and free competition. Full bid documents, including all specifications, must be provided for review no less than one week prior to requested advertisement/release date. C. Public Notice and Document Release. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet on Demandstar, Vendor Registry, Bidexpress or similar service. The notice shall provide information on how bid documents may be obtained. The period between advertisement/release 67 and opening of bids is typically a minimum of 21 days. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record through the same distribution method as the original documents. A copy shall be provided to the Purchasing Division for its records. E. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. The time stamp in the Purchasing Division used to log receipt of bids will serve as the official clock for bid receipt. Any bid stamped beyond the proscribed hour, minute and zero seconds will be considered late. F. Public Bid OpeniDL. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. Unless obviously non-responsive, or bid form does not include a sum of all line items, the total bid pricing will be announced. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the lowest, responsive, responsible bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database, and the U.S. Department of Treasury Office of Foreign Assets Control's Sanctions List. The lowest, responsive, responsible bidder must be active in or exempt from the U.S. Department of Homeland Security's E -Verify system Provided references shall be verified at the discretion and/or request of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder is responsible. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such otner time period specified in the bid documents. C. Withdrawal of Bids. If, within 2-48 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. d. Negotiation. If less than two bids are received, the Purchasing Division, on behalf of the Department, may negotiate on the best terms and conditions, prior to recommendation of award. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $35,000 may be awarded by the Purchasing Manager; awards not exceeding $75,000 may be awarded by the County Administrator; and, awards exceeding $75,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. " approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. D. Notice of Award. Upon Board approval, the Purchasing Division shall send a notice of award to the successful bidder and request submittal of two copies of the contract approved by the Board (if applicable), any required certificate(s) of insurance and bond(s). E. Certificates of Insurance/Bond(s). Upon receipt of certificate(s) of insurance, bond(s), and contracts executed by the contractor, the Purchasing Division shall submit the certificate(s) of insurance to the County Risk Manager for approval and the bond(s) to the County Attorney for approval. After approval of the bond(s), the Purchasing Division or the contractor shall record the bond(s) in the public records, if appropriate, and send copies of the bond(s), certificate(s) of insurance and the original executed contracts to the Originating Department. The Originating Department shall be responsible for proper routing and submission of the contracts for the Board Chairman's signature. F. Public Construction or Payment and Performance Bonds. 1. Public Construction Bond Required on any Construction Contracts Equal to or in Excess of $100,000. A public construction bond shall be required on any construction or public works contract for a project costing $100,000, or more. Such bond shall be provided by a surety company authorized to do business in the State of Florida. An alternative form of security may be provided in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or other form of security permitted by Florida Statute 255.05(7), in a form acceptable to the County Attorney and the County Budget Director. Payment and Performance Bonds may be used in place of Public Construction Bond. 2. Bond Must be Delivered Prior to Issuing Contract Document. If required, a public construction bond or other form of security shall be delivered to the County prior to execution of the contract. All public construction bonds shall be recorded with the Clerk of the Court by the Purchasing Division or the contractor prior to commencement of the project. G. Executed Contract. The Originating Department shall be responsible for returning a fully executed original contract to the vendor and shall prepare and send a notice to proceed to the contractor when appropriate. An electronic copy of the fully -executed agreement shall also be provided to the Purchasing Division feF the Sid fGldeFand Finance. H. Default by Contractor. All contracts for construction services shall contain a clause providing for termination upon default of the contractor and providing that in such cases the surety company shall bear responsibility for the completion of the contract, or if no surety company has provided a performance bond, the County may claim the alternative security and use 70 such funds for the completion of the contract. I. Termination for Convenierce. All construction contracts shall contain clauses providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and termination settlement costs. J. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its Commissioners 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 (or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements, excluding those awarded in accordance with 287.055 Florida Statute (CCNA) previously approved by the Board may be executed by the County Administrator, if within his defined authorization limits and if not prohibited within the agreement. A copy of the executed work order/authorization must be submitted to Finance by the department. B. If not prohibited within the agreement, minor work authorizations under $3-' 5,000 may be entered through a Purchase Order requisition referencing the contract number. No Work Order number will be assigned and payment will be made by standard PO procedures, rather than contractual payments. Only work that will be completed prior to the conclusion of the current fiscal year is eligible to be authorized by Purchase Order, and Purchase Orders will not be used in place of work orders/authorizations exceedirg $35,000. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. B. Purchasing Manager Authority. The Purchasing Manager is authorized to approve change orders to contracts executed unde., the Purchasing Manager's authority, provided the criteria in paragraph A above are met, and the total value of the contract does not exceed $35,000. C. County Administrator Authority. The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($75,000 threshold) and 71 the total value of the contract still does not exceed $75,000. A copy of the executed change order must be submitted to Finance by the department. D. All other change orders must be formally approved by the Board. E. Change orders shall not be artificially distributed or divided to avoid the requirement to present the approval to the Board. 4.7 DIRECT PURCHASE A. In compliance with F.S. 212.08(6) and FAC Rule 12A-1.094, the County may utilize owner direct purchase of materials for Public Works projects to reduce project cost through the elimination of sales tax. 72 S. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to proc re any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. It must irclude a clear description of the need for the goods or services being procured. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Selection Committee ("Committee"). After the RFP has been issued, a Committee shall be appointed by the County Administrator. The Committee shall be comprised of not less than three and not more thar seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Committee. If the Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shat; be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 73 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The committee's recommendation shall be presented to the Board for approval, which may include a request for authorization to negotiate or recommendation of award, after public notice of the final ranking has been made at least seven days prior to the proposed Board meeting. If the agenda is not prepared by the Purchasing Division, a copy of the agenda item and all supporting documentation shall be provided to the Purchasing Division prior to submission to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. It must include a clear description of the need for the goods or services being procured If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. Ten-year litigation history shall be requested as part of the RFQ submittal. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. Selection Committee ("Committee"). A Committee shall be appointed by the County Administrator after the RFQ has been issued. The Committee shall be comprised of not 74 approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $35,000), the County Administrator (up to $75,000) or the Board (up to and in excess of $75,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS The ranking of firms in an RFP or RFQ process shall be done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available for all criteria shall be 100, (b) each member of the Committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each Committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all Committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. The firm with the highest number of points will be awarded the higher ranking position. The Committee may discuss the rankings and their reasons behird them, and each member may modify their ranking of firms accordingly. If a single responsive proposal is received the committee is not required to assess scores based on the evaluation criteria. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned during the interviews, each Committee member will rank the firms in order of preference and a consolidated final committee ranking established. The evaluation process shall continue until the Committee declares the rankings final. The committee may recommend reiection of all responses if it determines they are not sufficient to meet the County's needs. 5.4 PROPOSALS FOR PUBLIC-PRIVATE PARTNERSHIP (133) In accordance with F.S. 255.065, the County may solicit or accept proposals for public—private partnerships. Solicited proposals shall be submitted in the format dictated in the solicitation. Unsolicited proposals may be submitted electronically to purchasingpircgov.com, noting "unsolicited proposal per F.S. 255.065" in the subject; or by delivery of a hard copy or other electronic method (thumb drive, CD, etc.) submitted in a sealed envelope to the Purchasing Division, with the same title notation clearly indicated on the outside of the envelope. No initial application fee is required, however, the County reserves the right to request one in accordance with F.S. 255.065(3)(a)3. 75 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision. Appeal will be presented to the Board, or to the County Administrator, if within his $75,000 approval authority or other circumstance that would not necessitate consideration of solicitation by the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. b. A purchase may include multiple items, but the total cannot exceed the cardholder's single -purchase limit. Payment for purchases shall not be split to stay within the single purchase limit. 4. Other Conditions a. Sales taxes (inc°uding tourist taxes in the State of Florida) may not be charged by the vendor (with the exception of out-of-state travel). If requested, provide the vendor with the County's sales tax exemption certificate. b. If an item is not immediately available, no back ordering is allowec. 5. Prohibited Uses of Purchasing Cards a. Vendors that well accept Purchase Orders b. Gasoline or oil for County vehicles only (unless cardholder is approved for travel expenses) C. Vehicle repairs or similar services d. Travel expenses, unless cardholder is approved by the Purchas ng Card Administrator for travel expenses. e. Training expenditures requiring a travel authorization form, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. f. Cash advances g. Inventory stock items h. Food/Restaurants, unless the cardholder is specifically approved for this use by the Purchasing Card Administrator Capital Items ($1,000 or more) j. When department annual needs for like items/services or purchases from the same vendor exceed $1,500.00 annually. k. Any additional goods/services specifically restricted by t -le Purchasing Division or the department. I. Telephone calls M. Personal items n. Invoices for previously purchased/ordered/received goods and/or services o. Any services requiring licensure with the State/Building Division and/or liability insurance as required by the Administrative Policy. P. Registration for courses, including online courses, unless a travel voucher is submitted with receipt through Budget. 77 6. Travel Expenses a. Some cardholders may receive approval from the Purchasing Card Administrator to charge travel related expense to their purchasing cards. b. Expenses for registration, hotel rooms (lodging) and related parking and resort fees, car rentals and airfare are allowed for such cardholders. C. All travel related expenses must be for official County business and must be made in accordance with Section 112.061, Florida Statutes. d. All cardholders must follow County policies on travel expense in addition to the Purchasing Card Policy. (e.g., completing Travel Approval Prior to Trip Form before making any charges on the Purchasing Card). e. Only travel expenses for the cardholder are authorized. Charges shall not be made for any other employees or travelers other than the cardholder. f. One checked bag is allowable 9. All out of state travel must be preapproved by the County Administrator, per the Travel Policy. C. Procedures for Making and Paying for Purchases 1. Online and Telephone Orders a. The cardholder shall ensure a copy of the receipt is obtained. Packing slips are not sufficient documentation. b. Receipts should identify the merchandise purchased. If the merchandise is not sufficiently identified on the order confirmation or receipt provided by the merchant, the cardholder should describe the merchandise sufficiently enough for the Department Director to determine that the purchase was for County purposes. C. The receipt will be forwarded to Finance with the proper authorization signatures on a daily basis, and no later than five business days after the purchase. 2. Missing Documentation Where supporting documentation is missing, the cardholder must contact the vendor and request a duplicate receipt. If the cardholder is unable to obtain documentation, a description of the purchase must be attached. Continued in a cardholder's name, it is County property and should be used with good judgement. Improper use of the card can be considered misappropriation of County funds which may result in disciplinary action, up to and including termination. Cardholders are expected to comply with internal control procedures in order to protect County assets. This includes keeping receipts, providing the receipts to Finance within three business days, resolving discrepancies and following proper card security measures. 2. The Department Purchasing Card Representatives and Department Heads should notify the Purchasing Card Administrator if a cardholder abuses the program or violates the procedures. 3. The Purchasing Card Administrator will conduct operational and compliance audits to determine if the program is being abused or procedures are being violated. 4. Misuse of the Purchasing Card may result in disciplinary or other appropriate action. In instances where violations, abuse or misuse of the Purchasing Card rise to level of a serious violation the issue will be reported to the supervisor, and disciplinary action up to and including dismissal may result in accordance with County policy. RemeaTed misuse and vielatieRs- willImp b empleyn;eRt f.,r eause. 5. Abuse, misuse, and violations include, but are not necessarily limited to the following: a. Use of card for unauthorized or prohibited items/services (See 9.3. B.5). b. Multiple transactions to circumvent Purchasing procedures. C. Failure to prow;de proper documentation, receipts, invoices, etc. within five business days. d. Purchase of Caplal Outlay items. e. Purchase from vendors which create a conflict of interest. f. Personal charges. g. Allowing anothe- person to use the card. h. Failure to report a lost or stolen card in a timely manner. 6. The following steps will generally be taken to address misuse/abuse/violations: a. First Offense: Cardholder and supervisor will be notified verbally of the violation. b. Second Offense: Cardholder will receive written notice of violation through his or her supervisor. 79 10. INFORMATION TECHNOLOGY PROCUREMENT PROCESS 10.1 In order to maximize consistency, cost efficiencies and life cycle management of the devices (telephones computers servers copiers printers scanners etc) accessories and software procured by purchase or lease for the County, the following steps will be utilized for all IT orders: A. Any Department that has an IT procurement requirement makes a request to the IT department for a quote to fulfill that requirement The request should be made via the IT help desk application. B. The IT department will respond with a quote to meet the defined requirements; discussion between the departments takes place as required until the quote is agreed upon by the requesting department. C. Once the quote is agreed upon then the requesting department issues an email request to initiate the procurement and in that same email provides the GL account that will be used to pay for the items being procured. D. The IT department will then enter the requisition and add the email that authorizes the requisition and provides the GL account as an attachment E. The IT department will contact Purchasing if assistance is required to enter the GL account on the requisition. F. The requesting department will approve the requisition; after which the items will be ordered via the standard procurement process G. When the items are received they will be delivered to the IT department to be configured and deployed. H. The IT department will be the sole source required to sign for delivery and submit the invoice to finance for payment regardless of which department is paying for the items ordered on their behalf. I. Finance will accept the IT signature on the invoice as evidence that the items were received and will issue the payment from the GL account specified in the PO based on the initial email request and approval attached to the requisition J. Upon delivery to the end user, the receiving department is required to update the IT helpdesk ticket acknowledging receipt of the equipment that was ordered; this update will not have any bearing on the issuance of payment (see step H above) Appendices Forms, databases, checklists and guidelines are frequently updated and may be found at• F://annual contracts and purchasing docs The documents listed below are housed in the subfolder "Purchasing Manual and appendices" or by clicking the hyperlinks below. Capital Asset Policy Excess Equipment and Vehicle Surplus Checklist Requisition Entry Checklist RE Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Ofc of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 13, 2022 SUBJECT: Administrative Policy AM 604.1 Amendment BACKGROUND. /3A County Attorney's Matters - B. CC 4.19.22 RIVER COUNTY ATTORNEY Administrative Policy AM 604.1 of the Indian River County Administrative Policy addresses solicitation and distribution on County property. Administrative Policy 604.1 states that "[i]t is the policy of the County to prohibit solicitation and distribution on its premises by nonemployees except that nonemployees making solicitation or distribution of materials of a political nature may distribute materials or solicit signatures for petitions in a non - disruptive manner on County property but not within County buildings." Not all government property is a public forum available for public expression. Some County facilities, such as the Sandridge Golf Club are not the typical public forum such as a street or an open park. Sandridge is really a nonpublic forum. Golf clubs are not traditional public fora. Additionally, Sandridge Golf Club is set back a significant distance from the road, with no sidewalk to the club house or the parking lot. The people entering the property are doing so to play golf or to patronize the pro shop. The visitors to Sandridge either pay to utilize the golf course or purchase something. This is a contained area, which is operated as a business enterprise. This same principle would apply to other County facilities, such as the Shooting Range and potentially County pools. The County Attorney's Office recommends that Administrative Policy 604.1 be updated as follows: POLICY: It is the policy of the County to prohibit solicitation and distribution on its premises by nonemployees except that nonemployees making solicitation or distribution of materials of a political nature may distribute materials or solicit signatures for petitions in a non -disruptive manner on County property but not within County buildings, or at non public fora, such as the Sandridge Golf Club and the County Shooting Range, which are not traditionally used as a forum for public communication. Employee solicitation and distribution of materials may only flake place as outlined below." FUNDING. There is no funding associated with this item. C:fUmnlufc-pmA4ppDawiLocaATemp'BCL T hwlogi,,IearvPDFB!ACLQEC_'5A22ig BCL@EC.5d1:Qdac 83 Board of County Commissioners April 13, 2022 Page 2 RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners authorize the County Attorney's Office to update the Administrative Policy Manual to reflect this change. C.IUserslufc-pradUppD,wal mATempiBCLT hmigieslewyPDF8!@BCL@EC25.41261OaBCL@EC?5..4,26.doc 84 /3/3 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 12, 2022 SUBJECT: Town of Indian River Shores — City of Vero Beach Federal Litigation BACKGROUND. On August 16, 2021, the Town of Indian River Shores (the "Town") filed suit against the City of Vero Beach ("City") in federal court concerning the August 18, 1989 Agreement Between Indian River County and the City of Vero Beach relating to water and sewer service areas (the "Agreement"). The Town's lawsuit seeks declaratory and injunctive relief as to whether the Agreement is unlawful pursuant to federal antitrust law. The case was abated to allow for the two parties to undertake the dispute resolution process under Chapter 164, Florida Statutes. The matter was not resolved and the case is now proceeding forward. On March 1, 2022, the City filed a motion to dismiss the lawsuit. The motion to dismiss raised several issues, including an argument that the Town failed to name Indian River County (the "County") in the lawsuit. There was a hearing on the motion held on April 11, 2022. Although I did not attend the hearing, it is my understanding that the judge raised questions as to the County's interest in the Town's litigation. The County has consistently taken the position_ that this matter is a dispute between the Town and the City. Although, the County Attorney's Office is hesitant to interject at all in this proceeding, it is also the desire of the County Attorney's Office to avoid having the County included in any lawsuit concerning this matter. Thus, the County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to file papers with the federal court reiterating that the County has no interest in this matter. Although the City may see such filing as the County taking a side in the federal litigation, the County would only be doing so in an attempt to clarify that the County has no desire to be involved in the pending litigation. The County would not be taking any position with respect to any of the other arguments raised by either party in the case. FUNDING. There is no funding associated with this item. RR Board of County Commissioners April 12, 2022 Page 2 RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners authorize the County Attorney's Office to file papers with the federal court reiterating that Indian River County does not have an interest in the matter. 'qg1 April 19, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 12, 2022 SUBJECT: Appointment of Jeff Stassi as Alternate for TCRPC-CEDS Committee FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: Each County Commissioner appoints a representative to the Treasure Coast Regional Planning Council (TCRPC) Comprehensive Economic Development Strategy (CEDS) committee. City of Vero Beach Council member Honey Minuse (and COVB appointee to the TCRPC) strongly recommended that Mr. Stassi would be a valuable member of the CEDS committee. As all five Indian River County appointments are filled, the only way to add Mr. Stassi would be as an alternate member. TCRPC staff is OK with the addition of an alternate member. Therefore, I am presenting Mr. Stassi's resume for the Board to consider appointing him to the CEDS committee as an alternate member Backup Attached: Jeffrey M. Stassi Bio JEFFREY M STASSI Retired 1910 Tarpon Lane, 303 Vero Beach, FL 32960 Jeff Stassi spent over 20 years in city government leadership as a department head for both Berkeley, MO and Wood River, IL. In Wood River, he had oversight of 150 staff, multi -million -dollar budgets, business enterprises, property management of city buildings and property, 250 acres of parks, an 18 -hole championship golf course, and a large-scale waterpark. Jeff was also appointed simultaneously to the role of economic development which included the development of a large Wal-Mart complex, a business park, Walgreens, Browns field redevelopment, multi -family housing, single-family housing and small commercial developments. In 2005, Jeff was hired by The Pyramid Companies, the largest developer in downtown St. Louis, MO to oversee multi -family development, single-family development, and commercial development expansion efforts into metro -east and southern IL. His oversight included property acquisition, tax credit and conventional financing, hiring architects and contractors. In the senior years of Jeff's diverse career, he was vetted and selected to the leadership role of Regional Vice President of the Illinois Division of the American Cancer Society. In this role he led strategic initiatives in 43 counties with 45 staff in three regional offices, 15,000 volunteers, and three regional leadership board of directors. Jeff provided key leadership necessary to help the Illinois Division raise over $40 M annually for cancer research, provide lifesaving patient navigation services, and educate the community about cancer risks, and early detection to save more lives faster. His caring for others led Jeff to seek out ownership of a homecare agency in the same regions he covered for American Cancer Society. Jeff subsequently purchased Central Illinois Care Services, covering 26 counties in Central, Metro -East, and Southern Illinois. Jeff scaled his agency initially with a staff of 50 and 42 clients covering 11 counties, to a staff of 160 with 160 clients in three office locations providing care services for private clients, IL Department of Public Health Department of Human Services -Rehabilitation Services Program clients, and clients from Blue Cross Blue Shield, Meridian Health Care, Molina Healthcare, Illini Healthcare, and Veteran Care Programs. Jeff sold his business in January 2020 and retired to Vero Beach, FL; hometown of his fiance Jan. He has been active as President of Tidewater Condominium Association, Inc where they reside. As President, Jeff engaged Reserve Advisors for a reserve study and championed residents for the approval of reserve funding. Jeff competed many maintenance projects, bid out services, re -negotiated contracts, and revised budgets to save tens of thousands of dollars annually with no year -over -year increase in the operating budget or HOA dues. Jeff has also been active in serving on several government advisory boards and commissions. He was recruited by the Vero Beach Mayor to serve at the pleasure of the City of Vero Beach on the Three Corners Steering Committee to provide direction and design concept for 40 acres of intracoastal waterfront property. He was also selected as one of five city residents by the mayor/council to review the city charter document and recommend updates. He currently sits on the city's Planning and Zoning Board. Jeff previously participated on the Treasure Coast Regional Planning Council Covid 19 Response and Recovery Task Force. Jeff will soon join a team of four as consultants to work with the Treetop Village Board of Directors to oversee financing and renovations to the resort community located in Lake Ozark, MO In his free time Jeff enjoys volunteering on various committees, golfing, boating, traveling, and walking Vero's beautiful beach. EDUCATION MPA -Master Public Administration and Policy Analysis Southern Illinois University at Edwardsville BSBA-Business Administration, Marketing Southern Illinois University at Edwardsville 88