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HomeMy WebLinkAbout02/01/2022 (4)ER �\ z�0010 � ORW BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 1, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Deacon David Hankle, St. Helen Catholic Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Valareese Hart Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Kenneth J. Holmes Attachments: Proclamation 5.C. Presentation from Ken Grudens, Executive Director, Indian River Land Trust, Re: Proposed 2022 Environmental Land Bond Referendum Attachments: Memo 2022 Bond Referendum Feasibility Memo Update 9-30-21 February 1, 2022 Page 1 of 7 S.D. Presentation by Casey Lunceford, Campus President - Mueller Campus, Indian River State College re: Fellsmere Inn S.E. Presentation of Proposal for Satellite Site at Dasie Hope Center 6. APPROVAL OF MINUTES 6.A. Regular Meeting Minutes of November 9, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 1st Quarter FY 2021/2022 Budget Report Attachments: Staff Report 1 st Quarter Budget Report 7.B. Indian River County Event Calendar Review Attachments: Event Calendar 7.C. Appointment of Commissioner Earman to Vero Beach Community Complex Advisory Team Attachments: Commissioner's Memo 8. CONSENT AGENDA 8.A. Checks and Electronic Payments December 31, 2021 to January 6, 2022 Attachments: Finance Department Staff Report B.B. Checks and Electronic Payments January 7, 2022 to January 13, 2022 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments January 14, 2022 to January 20, 2022 Attachments: Finance Department Staff Report 8.D. Phase II Agreement with Sun Patrick Architecture, DBA: sparcdesign for Sandridge Clubhouse Architectural Design (RFQ 2021020) Attachments: Staff Report Master Plan Images Phase II Agreement for Professional Services 8.E. Designation of Excess Equipment as Surplus Attachments: Staff Report Excess List for 020122 8.F. Authorization for Increase to Blanket Purchase Orders Attachments: Staff Report February 1, 2022 Page 2 of 7 8.G. Award of Bid 2022027 for Natural Areas and Exotic Vegetation Management/Mowing Attachments: Staff Report Sample Agreement 8.H. Award of Bid 2022025 for Duck Head Island Phase 1 Revegetation Attachments: Staff Report Agreement 8.I. First Extension and Amendment to Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling (Bid 2021021) Attachments: Staff Report - Biosolids First Amendment and Extension 8.1 Indian River County FPL Service Center - Landscape Maintenance Agreement Attachments: Staff Report Landscape Maintenance Agreement 8.K. Friends of St. Sebastian River License Agreement for the South Prong Preserve Conservation Area "Ryall House" Attachments: Staff Report License Agreement 8.L. Waiver of Bid - Authorizing the Renovation of the Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc. Attachments: Staff Report Myrtha Pools Sole Source Letter Pool Repairs & Liner Quote Dewatering Quote 8.M. Amendment No. 1, Work Order Number 27, - Continuing Engineering Services RFP 2018008 - Dick Bird Park Pickleball Courts Attachments: Staff Report Amendment 1 Work Order No 27 8.N. Oslo Riverfront Conservation Area Interlocal Agreement with St. Johns River Water Management District Attachments: Staff Report February 1, 2022 Page 3 of 7 8.0. Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County; Contract Number 4283-95-R; Project Number H0259 Attachments: Staff Report Modification to Agreement 8.P. Revision to Administrative Policy AM -202.1 Hiring, AM -502.1 Vacation, and AM -702.3 Short -Term Absences Attachments: Staff Report AM -202.1 Hiring Draft AM -502.1 Vacation Leave Draft AM -702.3 Short Term Absence Draft 8.Q. Final Pay to Paragon Electric of Vero, Inc for Bid #2021023 South Oslo WTP Automatic Transfer Switch (ATS) Replacement Attachments: Staff Report Pay Application 8.R. North Beach Water Storage Tank Repairs, Sole Source Florida Aquastore & Utility Construction, Inc. Attachments: Staff Report Proposal Sole Source Letter from CST 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration of Land Development Regulation (LDR) Amendments to Sections 901.03 and 911.06 Allowing Solar Facilities as a Permitted Use in all Agricultural Zoning Districts [LEGISLATIVE] Attachments: Staff Report Draft Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services February 1, 2022 Page 4 of 7 C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. 2022/2023 Budget Workshop/Hearing Schedule Attachments: Staff Report G. Public Works H. Utilities Services 12.11.1. Award of Bid #2022020- South County Wastewater Treatment Facility (SCWWTF) Reuse Control Panel Replacement and Permission to Increase Capital Funds Attachments: Staff Report Agreement 13. COUNTY ATTORNEY MATTERS 13.A. Construction Board of Adjustment and Appeals Member Appointment Attachments: Staff Report Application -Resume - Diana Hoffman 13.B. Resolution of Necessity for two Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (tenant Tongay), Parcel 132 (tenant B& B Farms) Attachments: Staff Report Resolution of Necessity Composite Exhibit A to Resolution 13.C. Code Enforcement Board Appointment Attachments: Staff Report Application - Terence Schlitt 01.26.22 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Update on County Legislative Issues Attachments: Commissioner's Memorandum Attachment B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams February 1, 2022 Page 5 of 7 14.C.1. Proposed 2022 Environmental Land Bond Referendum Attachments: Commissioner's Memo - Land Bond Referendum D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting of September 14, 2021 15.A.2. Approval of Minutes Meeting of November 2, 2021 15.A.3. Approval to use Breathing Air Systems as a Sole Source for Cascade Systems Attachments: Staff Report Breathing Air Quote Sole Source Letter B. Solid Waste Disposal District 15.B.1. Approve of Meeting Minutes November 9, 2021 15.B.2. Rejection of Bids for the Landfill Household Hazardous Waste and Recycling Transfer Facility (Bid No. 2022011) Attachments: Staff Report KHA Evaluation of Bids 15.B.3. Sixteenth Amendment to Republic Services Attachments: Staff Report Sixteenth Amendment SCS Field Services Proposal C. Environmental Control Board 16. ADJOURNMENT February 1, 2022 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9: 00 a. m. until 5:00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. February 1, 2022 Page 7 of 7 Ej PROCLAMATION HONORING VALAREESE HART WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Valareese Young was born on March 3, 1933, in Arcadia, Florida, to the late Willie and Viola Young and moved to Gifford in 1945 after her parents' business closed during World War II; and WHEREAS, Valareese was a proud graduate of Gifford High School, Class of 1954, later obtaining certifications as an early childhood educator and as a nursing assistant; and WHEREAS, Valareese married Victor Hart, Sr., in 1956 and was a loving mother and grandmother to eleven children, twenty-three grandchildren and eight great-grandchildren; and WHEREAS, Valareese was a force of social activism and servant leadership, a quiet woman who walked humbly, showed immeasurable compassion, and, in accordance with Dr. Martin Luther King, Jr.'s vision, gave of her time, talent, and treasure to advance the cause of civil rights for all; and WHEREAS, Valareese served as a church musician and deaconess at Friendship Missionary Baptist Church for more than forty-two years, and as Conductress of the Eastern Order of the Eastern Star in Old Glory Chapter number 123; and WHEREAS, Valareese was a charter member of the Vero Beach Senior High School Baccalaureate Committee; a member of the IRC Democratic Executive Committee and Democratic Women's Club; a committeewoman for Precinct 23; a member of the IRC NAACP; and a bedrock amongst the volunteers at Our Father's Table. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Valareese Hart have greatly enriched Indian River County, the Treasure Coast, and the Gifford community she loved, and that the Board posthumously extends its sincere thanks for her untiring dedication to our citizens. Adopted this 1st day of February, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 1 vAl PROCLAMATION HONORING KENNETH J. HOLMES WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Kenneth J. ("Kenny") Holmes is an Indian River County native, born on October 24, 1973, and a graduate of Vero Beach High School, where he played basketball, baseball, and football, and was recognized as one of Vero's finest all-time athletes with the retirement of his football jersey; and WHEREAS, Kenny has always prioritized education, earning a scholarship to the University of Miami, where he graduated with a Bachelor of Liberal Arts degree and a minor in Sociology while again excelling as a student -athlete, and subsequently attaining a Master of Science in Special Education from New Mexico State University and Business Certification from the Harvard Business School; and WHEREAS, Kenny reached the pinnacle of athletic success as a decorated player in the National Football League over seven seasons, notably being chosen by his peers for the Ed Block Courage Award, honoring those players who exemplify sportsmanship and professionalism while serving as an Ambassador of Courage for victims of abuse, violence and neglect; and WHEREAS, Kenny began his work of molding young men by returning to Vero Beach High as a coach and then advancing into the college ranks, most recently at Florida International University; and WHEREAS, Kenny greatly contributes to his community as a Board Member on a plethora of local agencies, including the Gifford Youth Achievement Center, Indian River Charter High School, 3 Keys Foundation, Victory Kids, D -Five Alive, Gifford Historical Museum & Cultural Center, and the Highwaymen Museum. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Kenny Holmes have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts. Adopted this 1St day of February, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 SC TO: Board of County Commissioners FROM: Ken Grudens, David Cox, Dan Lampson, George Glenn Jr. DATE: January 25, 2022 RE: 2022 Land Conservation Bond Initiative On behalf of the environmental community of Indian River County, we request that the Board of County Commissioners direct staff to bring forth a resolution referring a $50 million bond to acquire and permanently preserve environmentally significant lands to the November 8, 2022 ballot, and to direct staff to work with the environmental coalition to draft the resolution and ballot language. DESCRIPTION The environmental community, including the Indian River Land Trust, Indian River Neighborhood Association, Pelican Island Audubon Society, Clean Water Coalition of Indian River County, Friends of the St. Sebastian River, Ocean Research & Conservation Association (ORCA) and the Pelican Island Conservation Society, are supporting the issuance of a new bond referendum to provide $50 million to purchase permanent interests in environmentally significant lands throughout our County. At the February 18, 2020 Board of County Commission (BCC) meeting, the coalition of environmental organizations pursuing this bond requested that the BCC authorize The Trust for Public Land (TPL) to provide assistance in the form of a feasibility study. That study was completed in 2020, and although at the beginning of 2020 it was hoped that the land conservation bond would be placed on the November 2020 ballot, the Covid-19 pandemic created too much economic uncertainty to move forward at that time. This effort was suspended. The rationale for bringing the land conservation bond to the voters in 2020 was that the 2004 land conservation bond would be satisfied in September 2021, and an approval of a subsequent bond would not result in a tax increase to voters but would be a continuation (at a smaller millage) of an existing line item on property taxes. Our County has environmentally significant lands that have already been identified by local and state agencies as priority purchases for preservation. They include lands identified on the Florida Forever conservation list, the Rural and Family Lands Protection Program, the St. Johns River Water Management District priority list, and Indian River County's own priorities. There is no shortage of lands worthy of permanent conservation in our county, including lands along the Indian River Lagoon, the Sebastian River Greenway, the native uplands along the I-95 corridor and our working cattle ranches in the western part of the county that are part of the vital link associated with the State's Wildlife Corridor Program. Page 2 of 2 3 It was noted in the February 2020 BCC meeting that Indian River County's population was experiencing strong growth resulting in a loss of open space and creating a detrimental impact on our water and wildlife resources. The last two years have seen that impact grow significantly with the influx of new residents from out-of-state and other parts of Florida. The TPL completed the feasibility study for a new bond in 2020 and has updated that in 2021. Indian River County voters have approved local bonds twice: the first in 1992 and the second in 2004. Voters also overwhelmingly voted for Amendment 1 (2014) — the constitutional amendment received support in excess of 75% -- which was supposed to jump start the State's premier land - conservation program - Florida Forever. Our residents are keenly aware of the need to protect lands to protect our water, our open space and our quality of life. If the BCC approves referring a land -conservation bond to the 2022 ballot, the local environmental organizations, with the assistance of TPL, will engage in an informational campaign with residents explaining the benefits of the bond. We enthusiastically request that the BCC authorize the following action during Commissioner Adams corresponding agenda item: MOTION by Commissioner (Seconded by Commissioner ): Direct staff to bring a resolution, including ballot language, back to the Board of County Commissioners on or before the March 8 meeting to refer a $50 million bond to acquire and permanently preserve environmentally significant lands to the November 8, 2022 general election ballot. Staff should work with the citizens coalition supporting the referendum to draft the resolution and ballot language. ATTACHMENTS: 1. Feasibility Study Page 2 of 2 4 Memorandum TO: Interested Parties FROM: Wendy Muzzy, Director, Feasibility Research and Will Abberger, Vice President, Director, Conservation Finance DATE: September 30, 2021 RE: Indian River County conservation finance estimates Introduction In November 1992, Indian River County voters approved a $26 million bond backed by a'/ -mill property tax increase with 53 percent approval. In November 2004, Indian River County voters approved a renewal of the county's successful land conservation program, approving a $50 million bond backed by a Y2 -mill property tax increase with 67 percent voting yes. The Trust for Public Land provided technical assistance to Indian River County to design the ballot measure and worked with local, private citizens to organize and run a successful ballot measure campaign. Indian River County is now interested in exploring the possibility of again renewing county funding for land conservation. In February 2020, Indian River County requested The Trust for Public Land's technical assistance to evaluate potential funding options to continue and sustain the county's land conservation program. Background' The primary purpose and objective of the existing Indian River County Conservation Lands Program is to protect, restore and sustain endangered ecosystems and associated rare and endangered species in Indian River County. Secondary objectives of the program include passive public recreation, preservation of open space, groundwater quality protection, flood protection, protection of historic and cultural resources, and general preservation of "quality of life." The Conservation Lands Program is managed by the Conservation Lands Manager through the Parks and Conservation Resources Division and supervised by the Parks Superintendent. The Conservation Lands Manager and Parks Superintendent also work closely with the Community Development Department. The Parks and Conservation Resources Division enhances and maintains parks, conservation lands, buildings and equipment in order to provide quality recreation, leisure and conservation area. Indian River County's outstanding debt at the end of FY 2019/ 2020 stands at $5,997,000. Enterprise Funds support 35.6% of the overall debt (Utilities Department), leaving $3,865,000 or 64.4% in Spring Training 2001 bonds that are fully funded by the state's annual $500,000 contribution. The county currently has no general obligation (G.O.) bond outstanding. In Florida, G.O. bonds may only be issued after a voter referendum to approve them is passed at an election. 1 Largely excerpted from the Indian River County website at httos:/Iwww.ircaov.com/Deoartments/General Services/Parks/Index.htm and Indian River County Annual Budget for FY 2020-2021. Memorandum In 2004, the voters of Indian River County approved a referendum to continue the county's land conservation program and issue an additional $50 million for land acquisition. Historic and agricultural lands were added to the approved purchases under this referendum, whereas the initial 1992 bond referendum only authorized acquisition of environmental lands. In June 2006, Indian River County issued the 2006 Series Limited General Obligation Bonds in the principal amount of $48,600,000 at an average interest rate of 4.22% (true interest cost) for land conservation. On February 17, 2015 the Board of County Commissioners approved refunding the bonds using a bank loan in order to save approximately $1.1 million dollars, or 6.05% of the refunded amount. The bank loan provided a lower borrowing cost at 1.84%, reduced the annual debt service by $170,000, and allowed for a modest reduction in the ad valorem millage rate. On May 12, 2020, the Board of County Commissioners approved the early payoff of the outstanding principal totaling $2,970,000. The early payoff of this debt removed the need to levy a millage to fund the remaining year of debt service, thus creating a reduction in taxes paid by Indian River taxpayers. Florida History of Conservation Finance The State of Florida authorizes local communities to use various revenue sources for parks and recreation purposes including property taxes, sales and use taxes, general obligation bonds, and the creation of special districts. Voters approved 82 percent of local conservation finance measures (75 of 92) on the ballot in Florida between 1996 and 2019. General obligation Local Conservation Finance Mechanisms in Florida Summary of local ballot measures from 1996 - 2020 Mechanism Passed Failed Total Passed Bond 52 7 59 88% Sales Tax 14 8 22 64% Property Tax 11 2 13 85% Other* 2 0 2 100% Total 79 17 96 82% Budget allocations Source: TPL LandVote Database measures that include $ for land conservation. bonds are the most popular public finance mechanism in Florida for parks and conservation. The table above illustrates the number and type of conservation finance measures that have gone before voters over the past 24 years. For recent park and land conservation measures on the ballot in Florida, the passage rate is 82 percent. Five of the six city and county park and land conservation measures on the ballot in 2018 were approved. Four county land conservation ballot measures were approved in November 2020: Collier County (renewal of a 0.25 mill property tax), Manatee County (a 0.15 mill ad valorem tax and issue general obligation bonds), and two measures in Volusia County (a 20 - year, 1/5th mill levy for the continuation of Volusia Echo, and a 20 -year, 1/5th mill levy for the continuation of the Volusia Forever). General Obligation Bonds Florida counties and municipalities are authorized to issue debt for capital projects including parks and open space in the form of general obligation bonds.2 The state statutes do not place specific limits on the amount of debt that can be incurred by a community, but do limit the duration of the bonds to a period not exceeding 40 years. When bonds have been issued, the P Florida Constitution, Article VII, Section 12(a) and Florida Statutes, Section 125.013. 6 Memorandum governing body must levy annually a tax upon taxable property in the jurisdiction sufficient to pay the debt service and interest on the bonds.3 Issuing Bonds for Land Conservaiton The tables below illustrate the debt service and millage required for bond amounts that could potentially be issued for land conservation in Indian River County with a 15 -year and 20 -year maturity. For instance, a countywide bond issue for $50 million payable over 15 years would add roughly $4 million to the county's annual debt service and cost the typical homeowner an average of $46 per year in additional property taxes. Bond Financing Costs for Indian River County 15 -year Bond Issues at 2.5% Interest Rate 2021 Total Taxable Value = $20.5 billion Annual Mill Levy Costl Year/ Bond Issue Size Debt Svice Increase Avg. Residential $40,000,000 $3,230,658 0.157 $36 $50,000,000 $4,038,323 0.196 $46 $55,000,000 $4,442,155 0.216 $50 $60,000,000 $4,845,987 0.235 $55 $65,000,000 $5,249,820 0.255 $59 $70,000,000 $5,653,652 0.275 $64 Source: Florida Dept. of Revenue Ad Valorem & Tax Data Book Average residential property taxable value $232,400. Bond Financing Costs for Indian River County 20 -year Bond Issues at 2.5% Interest Rate 2021 Total Taxable Value = $20.5 billion Annual Mill Levy Cost/ Year/ Bond Issue Size Debt Svice Increase Avg. Residential $40,000,000 $2,565,885 0.125 $29 $50,000,000 $3,207,356 0.156 $36 $55,000,000 $3,528,092 0.171 $40 $60,000,000 $3,848,828 0.187 $43 $65,000,000 $4,169,563 0.203 $47 $70,000,000 $4,490,299 0.218 $51 Source: Florida Dept. of Revenue Ad Valorem & Tax Data Book Average residential property taxable value $232,400. TPL's bond cost calculations provide a basic estimate of debt service, tax increase, and cost to the average homeowner in the community of potential bond issuances for parks and land conservation. Assumptions include the following: the entire debt amount is issued in the first year and payments are equal until maturity; 15/20 -year maturity; and 2.5 percent interest rate. The property tax estimates assume that the jurisdiction would raise property taxes to pay the debt service on bonds, however other revenue streams may be used. The cost for the average residential property represents the estimated annual impact of increased property taxes levied to pay the debt service. The estimates do not take into account growth in the tax base due to new construction and annexation over the life of the bonds. The jurisdiction's officials, financial advisors, bond counsel and underwriters would establish the actual terms of any bond. Enactment procedures The County Commission must call a referendum election prior to the issuance of bonds.4 There must be at least 30 days' notice published in the local newspaper of general circulation .5 Bond elections may be held concurrently with any general or primary election or concurrently on the day of any election of a county, district, or municipality for any purpose other than the purpose of voting on such bonds.6 General elections are held on the first Tuesday after the first Monday in 3 3 Chapters 100 and 130, and Section 200.181, Florida Statutes. 4 Section 100.211, F.S. 5 Section 100.342, F.S. 8 Section 100.261, F.S. 7 Memorandum November of each even numbered year.' The next general election will be Tuesday, November 8, 2022. Indian River County voters will elect two county commissioners at this election. Special elections may also be called after the supervisor of elections consents." In any special election or referendum not otherwise provided for there shall be at least 30 days' notice of the election or referendum by publication in a newspaper of general circulation in the county. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. Ballot Language For public measures submitted to voters, a summary must be printed in clear and unambiguous language on the ballot following the list of candidates. The summary shall be an explanatory statement of the chief purpose of the measure, not exceeding 75 words in length, and must be followed by the word "yes" (to indicate approval) and the word "no" (to indicate rejection). The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.g In addition, county and municipal bond measures in Florida must abide by the "single subject" rule, such that funding for distinct purposes must appear as separate questions on the ballot unless they are sufficiently related.10 As such, it may be advisable for the County Commissioners to seek legal counsel regarding a bond that could fund a variety of potential projects. Finally, bond expenditures are limited to capital projects and may not be used for operations and maintenance purposes. Federal regulations governing the issuance of tax-exempt bonds limit the use of proceeds to capital purposes such that only a small fraction (up to 5 percent) of bond funds may be used for maintenance or operations directly related to the funded facilities. Treas Reg 1.148-6(d)(3)(ii)(A)(5).11 State and local laws may further limit the use of bond proceeds. r Section 100.031, F.S. 8 Section 100.151, F.S. 9 F.S. § 101.161. 10 State v. Dade County, 39 So.2d 807 (1949); winterfield v. Town of Palm Beach, 455 So.2d 359 (1984); State v. City of St. Augustine, 235 So.2d 1 (1970); Grapeland Heights Civic Ass'n v. City of Miami, 267 So.2d 321 (1972) The single -purpose rule was adopted by the Florida Supreme Court in Antuono v. City of Tampa, 87 Fla. 82, 99 So. 324 (1924). The rule was stated as follows: If there are two or more separate and distinct propositions to be voted on, each proposition should be stated separately and distinctly so that a voter may declare his opinion as to each matter separately, since several propositions cannot be united in one subm ssion to the voters so as to call for one assenting or dissenting vote upon all the propositions; and elections are invalid where held under such restrictions as to prevent the voter from casting his individual and intelligent vote upon the object or objects sought to be obtained. 11 (A)General de minimis exception. Paragraph (d)(3)(i) of this section does not apply to expenditures to pay - (1) Any issuance costs of the issue or any qualified administrative costs within the meaning of §§ 1.148-5(e)(2) (1 or Q, or § 1.148-5(e)(3)(ii)(A); (2) Fees for qualified guarantees of the issue orap yments for a qualified hedge for the issue (3) Interest on the issue for a period commencing on the issue date and ending on the date that is the later of three years from the issue date or one year after the date on which the project is placed in service; (4) Amounts paid to the United States under §§ 1.148-3, 1.148-5(c), or 1.148-7 for the issue; (5) Costs other than those described in paragraphs (d)(3)(ii)(A) (1) through (4) of this section, that do not exceed 5 percent of the sale proceeds of an issue and that are directly related to capital expenditures financed by the issue (e.g., initial operating expenses for a new capital project); F Memorandum Bonds with Additional Property Tax Authority for Operations A single ballot question may authorize bonding authority and a millage levy, the excess of which can be used for operations and maintenance. The portion of the voted millage necessary to pay debt service must be treated as debt service millage and the excess portion must be treated as general millage. The portion treated as general millage must be included within the millage levied under the county or municipal 10 -mill limitation." The statutory authority comes from F.S. 200.18: "200.18 Bond payments; tax levies; restrictions.— (1) None of the provisions of this chapter or of any other law, whether general, special or local or of the charter of any municipality or county, shall limit or restrict the rate or the amount of the ad valorem taxes levied for the payment of the principal of and the interest on any debt service whether secured by revenue certificates or by bonds for which the full faith and credit of any county, municipality or taxing district may be pledged, and such taxes shall be in addition to all other taxes authorized or limited by law. (2) Nothing in this section shall prevent any municipality, county or school board from levying at least 5 mills of ad valorem tax during any fiscal year. (3) A county or municipality may levy voted millage at the maximum millage rate approved by referendum even if the levy would raise revenue in excess of that necessary for debt service as authorized by a vote of the electors pursuant to s. 12, Art. VII of the State Constitution. The county or municipality may use the surplus revenue for any lawful purpose solely related to the capital project for which the voted millage was approved, including operations and maintenance. For purposes of this chapter, the portion of the voted millage necessary to pay debt service must be treated as debt service millage and the excess portion must be treated as general millage. The portion treated as general millage must be included within the millage levied under the county or municipal 10 -mill limita tion. " Examples of bonds and operations backed by property tax Voters in Miami -Dade County used this authority and approved an ad valorem tax of 0.075 mills for a two-year period from 1990 to 1992 to fund the acquisition, protection and maintenance of environmentally endangered lands. A total of $90 million was raised for land acquisition. The county established an Environmentally Endangered Lands (EEL) program to administer the funds and set aside $10 million of the $90 million to pay for site management. Each year, the interest from this $10 million is used to secure, restore, and care for the sites acquired by the EEL program. Additional examples include: 1. November, 2006 bond in Collier County, Florida CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE LANDS, WATER RESOURCES LANDS, PUBLIC OPEN SPACE SHALL COLLIER COUNTY CONTINUE TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE BY CONTINUING TO LEVY ONE QUARTER OF ONE MIL IN AD VALOREM TAXES THROUGH THE YEAR 2013, AFTER THE $75 MILLION 9 Memorandum DOLLAR BOND ISSUE AUTHORIZED BY REFERENDUM IN NOVEMBER 2002 FOR SUCH ACQUISITION AND MANAGEMENT HAS BEEN SPENT? Passed with 82% This was fundamentally a straw ballot to assess whether voters would support the Commission using its budgetary authority to raise the property tax by 0.25 mills to continue to purchase and manage land. 2. November, 2008 Bond in Flagler County Flagler County, Florida Clean Water and Environmentally Sensitive Land Preservation Clean Water and Environmentally Sensitive Land Preservation5EP�5EP To continue to acquire and improve land to protect drinking water sources, preserve wildlife habitat and environmentally sensitive lands, reduce risk of wildfires, improve water quality of lakes, streams and the Intracoastal Waterway, and seek matching funds, shall Flagler County be authorized to levy 0.25 mill ad valorem tax for twenty years and issue bonds not exceeding $40 Million at interest rates not exceeding the legal maximum, subject to an annual independent audit? Passed with 65%. Imposing a mill levy with bond authority in Indian River County The table to the right illustrates the revenue potential from levies ranging from 0.20 mills to 0.30 mills. A 0.22 mill levy, for example, would generate approximately $4.5 million annually at a cost of roughly $51 a year to the average homeowner in the county. A $50 million with a 15 -year maturity would require roughly $4 million of this annual revenue stream, leaving approximately $527,000 per year to support restoration and maintenance. Estimated Revenue & Costs of Property Tax Increase Indian River County Mill Levy Total County Annual CosVAvg. Increase Taxable Valuation Revenue Homeowner 0.20 $20,577,735,527 $4,115,547 $46 0.22 $20,577,735,527 $4,527,102 $51 C.25 $20,577,735,527 $5,144,434 $58 0.30 $20,577,735,527 $6,173,321 $70 Source: Florida Dept. of Revenue Ad Valorem & Tax Data Book Average residential property taxable value $232,400. Assumes 100% collection rate. November 2, 2004 bond in Indian River County, Florida WATER RESOURCES PROTECTION, ENVIRONMENTALLY SIGNIFICANT LANDS, OPEN SPACE AND WILDLIFE HABITAT PRESERVATION Approved with 67% yes To acquire and preserve land to protect water resources, drinking water resources, environmentally significant lands, historic sites, agricultural lands, open spaces, and/or wildlife habitat, shall Indian River County be authorized to issue general obligation bonds with maturities not exceeding 15 years at interest rates not exceeding the legal maximum in an amount not exceeding $50 million payable from ad valorem taxes not exceeding 1/2 mill, with project spending subject to annual independent audit? 10 Memorandum November 1, 1992 bond in Indian River County, Florida Approved with 53% yes Shall Indian River County be authorized to acquire environmentally significant land to protect water quality, open spaces, and wildlife habitat, by issuing general obligation bonds not exceeding $26,000,000 to be repaid in not -to -exceed 15 years and structured so that at the time of issuance the rate necessary to fund the maximum annual payments on the bonds shall not exceed'/ mill? 2022 General Election Calendar Ballot Language Deadline: Voting Registration Deadline: Early Voting: Mail Ballot Request Deadline Election Day: August 1212 October 11 October 24 - November 5 October 29 by 5 p.m. November 8 - 7 a.m. - 7 p.m. County Voter Registration & Turnout73 Indian River County Voter Registration Party Percentage # Voters Republican 47% 56,067 Democrat 27% 31,884 Unaffil/Other 26% 30,816 Total 100% 118,767 Indian River County 2020 Turnout Method Indian River County Voter Turnout 45,729 47% Election Registered Voters Ballots Cast % Turnout Nov -20 124,586 98,198 79% Nov -18 113,426 74,999 66% Nov -16 106,641 81,716 77% Nov -14 97,944 53,495 55% Nov -12 1 93,569 1 72,117 77% Indian River County 2020 Turnout Method Mail Ballots 45,729 47% Early Voting 36,363 37% Election Day 15,949 16% Total 98,041 12 Wording for the measure must be submitted in English and Spanish to the Indian River County Supervisor of Elections by August 12, 2022. Personal conversation with Supervisor Swan, 9/24/21. 13 Source: https://www.voteindiandver.com/elecbonresultsarchive 11 Memorandum County Governance Indian River County is governed by a five member Board of County Commissioners (the "Commission"). Each member represents one of five districts, elected at large (Countywide) for staggered terms of four years. The Commission elects the Chairman and the Vice -Chairman. A County Administrator is appointed by the Board and is responsible for implementing the policies set forth by the Commission. The Administrator is charged with the fiscal control of the resources of the County as well. Shown below is a listing of the Commissioners by district and the expiration of their respective terms. Two seats will be on the ballot in 2022—Districts 2 and 4. Board of County Commissioners Name District Term Expires Susan Adams District 2024 Joseph Flescher District 2, Chair 2022 Joe Earman District 3 2024 Peter CBryan District 4, Vice Chair 2022 Laura Moss District 5 2024 This research was supported by a generous grant from Doris Duke Charitable Foundation to The Trust for Public Land and The Nature Conservancy for the Conservation Finance Initiative. 12 3/8/2022 ► 1992 Bond Passage: $26M ► 2004 Bond Passage: $50M (bond satisfied 2021) ► 2014 Amendment 1: 75% of County residents voting yes. ► 2022 Bond Referendum: $50M ja- 1 Indian River County Environmental Lands Program Summary' (Sept. 2018) 41 PROJECTS APPRAISED VALUE FOR ALL PROJECTS: $148,464,374 COUNTY'S EXPENDITURE TOWARDS PROJECTS: $76,137,451 COST-SHARE TOWARDS PROJECTS: $62,270,292 LAND COF."SEERVATION IN INDIA.V4, COW1TY 3/8/2022 lite MITio ( s an d.10 TU - ussea """Al Ltxea Ked lanletTAV1 (TAVx.02) 'JRte ,61 UnYe of Chane) a ., .rune expen3m e, cf {urro:ads Pot "w Pna'. os -• are 0...l P-okifte paCe1 TOW - v 1, s s are 1 s 1�5 ol'o bn expetutlutB it"Oms 'tldner(s) Otic t .ttd4 a:gai&�iaf1C'att51 J[q(Gsit)no txu[) 7.. [.,Vf�rrtVnt c ccrtiJKO(�... A- (DRCA)1&11r91) 3 3. '(12.250 'I.N'r0A .. 3s9.Le00 87.Stq 162,60 'rnaI M 'r4 -s "M'730 11,65 1,888. .2.4 33.1;!4 8,2912.4,V3 'CT' f" ,.n n,'-,;' c.:°.i -t v,.,s^ a5P.46 .YJI,YSSa 9enw 1t0412'95 t,t 10.660 22.21• 1180,4 1.150,900 575,000 575,9 40.,,4`..0 NAN 13.93 CT er4!eoy 0n1fe7tt971595) 2,977.440 38.54- 950. 650,000 100,900 750.0 a 915 9 "Yr5 226.y30 5,339 2i55,O0 1.390.530 471,892 1.0(16,60! 6:.476 33,1,CL ?,1s�: '_II(1 PeAkl;)e lslnm6s1 t04.50)h5; 1215311 ZAP 722M 696..449 177,009 270,4 4t ata 3,1.935 7,f ­J 143,000 95,980 57,326 FCT '0) .470 800 1,500, 1,509,410 f,T4HIp00 OU00 6909 ,0 9A 0491.046 1,12,M8 15.OW.WC 13,70P,030 12,543,594 1.186,40E 172,692 161,052 11,004 FCT ;nF1 Faf51V /#" 8`xin T1at1 ;04799981 ` 40@,949 19,191 • 2. MI <��1 4-04k: t ` 5a6,21'Ht 9.93$.l" 4 2838 ••• 24,098 9H.Isi1 £,AR:..� SCAi`1L4eU.PUpf17725i981 '?.31:740 24AU U ViA 1.1110,009 X41009 559, ":5,739 59,211 '.,1 SCA: MGC IMlu41. Tmcl 416,004 a.M. A50.00c 40D,090 240,000 IWOOC 30798 23,840 5.425.000 SCA. AfML1$Add (0392 M) OA310 1, fm W. .W. 76,0W WON 38,0(9 f;'Wo 7,500 . ') `CT FrsehrsiSH>.Rivwe (01!41197) JAWIAO 29.111 7ir,.;6 1.400.699 745,690 WOX 75,427 52A627 78.872 Seb. HigMvwI Si" Lots 116.200 2.324 651 56.009 43,(M 43.00 31,473 21,397 7,440 144 7,44' 7,440 71440 , 225, .196 495' C '',VA .144.510 9. i'=5% 1.353,550 730,602 43rili4 41,518 36,204 5.307 ' RWMD7FND "Now"06*0inim- sin; ul=i:s r MEM" 775,195 =Eli" 4514 =Now 12.073Y!A MENWIft ME"" 70.927.411 2,494,961 MMd" 7,"2,65 MMMONNOWN OZA18 15.704 47.11 47SaRW14D ',b RiYetliam South (bal.tn14 EtnprsOn) M4 2&W) 777.340 1$.54- 1~211,00: I,SiS.OW 015.990 730,00 92.552 37,075 23,476 GT 40."1 Wand Sahni (11:02998. I11185ill, 0393(.+19. G5'49.'OR) 4:5.1 t0 12.V2 a31,41' 836,500 432,254 404.6u 42,981 4030 3.1,239 01 ratdaf Parti (11920'901 a.769 17: 22_ "'0001 22,000 4%w 1 W51 805 C '"Y1Y'7 F1N;"1 rie e4rM1tar5h 07315.414, 79((:11 34 F,754 4. 769,0 70&000 354090 0941 77,945 34,522 36,';2'2 'CT •tNYYR-LKti (QSfl 7>Q-1 1,499,5.42 I's'llegi 2.M.WM2390,OW 75,000 222510 11"I rws 14rt- i.Cgais4M1r18aie) axprUV28 as;e"'d anmw taxes appraised alue(TAV) (TAVx.021 va9ce 19t5meOf purchase) iota,. porchase pnce C=A' 'a re a pend4ure ;towards (tawJldi, pmtwa prke) pace) 4c"sition =1 ounT 5i-s7are efxpem'uve Itmarpa ds rtner"" C.OTraras atqu15it10n costs) acquhhian corA) R. Kr(re921 parce4 (O6?'1d.02; H.711sErar:=arnuleml '(12.250 4.21 350. 3s9.Le00 87.Stq 162,60 9.66,`, 1,421 4161 'CT "M'730 11,65 1,888. 1.410.600 402„11X0 1,„07,50 33.1;!4 8,2912.4,V3 'CT' f" ,.n n,'-,;' c.:°.i -t v,.,s^ a5P.46 >>725,GG. 15 jf:.-XI 6,0900Rr✓ 7.195,60, 21') �:lC 54,7P,6 -CT%`. 3; I:2 •^ Am. Rlvttrtrartt. Tract t&'n.05) 0RCA Domorwl Tract (12+98'05) Russ" Gm"(Cwrese fiend ,.-'M-My aresemr,3 Sa1M Real; Preserve lt41a1h ",300,000") (1 I -11W) Arthie SAV,F1A'"M 1111437) :_fbaslcm Harbor PTeSelve �.8;19+U1i 226.y30 5,339 2i55,O0 1.390.530 471,892 1.0(16,60! 6:.476 33,1,CL ?,1s�: '_II(1 3400 0,0 7, 2,859,00 1.759,000 1,375. 1,3:75.OU 92.843 46.447 46,446 to !,194.730 23.695 6,980. 4.800.990 2.640.048 2.160.0W 70,872 43,980 :15.392 "::T 744,139 14."3 1100: 3.399.914 2,159,914 1.240,000 143,000 95,980 57,326 FCT '0) .470 800 1,500, 1,509,410 f,T4HIp00 OU00 6909 ,0 9A 0491.046 1,12,M8 15.OW.WC 13,70P,030 12,543,594 1.186,40E 172,692 161,052 11,004 FCT °extern£ninth EsselneAts ii.'29�71 1adge1181-0 Easemeeli 0212WO?) 7?96,450 155: J6' '18.870. 12.00,000 IZWO.Ow C 17£,27'1 178,273 4 NiA 113,284. 325.634 !F.2a6,72. 11,265.718 11,256.728 0 184708 180,700 U ViA SaW Lake T raeV Corftgaa 480 i mut (4:151081 )31(4.510 14020M. 10,41"MACr 10,000,000 3.294.V,7C 6'nf_1:3c 31562 7.&19 26,742 3JRWMD Fetlill ete Ttai91e4d Preserve f r'16tik; R04eL4nd Salome Field 1,182.669 21,63 5A25.00 5.425.000 542,%4 4.832.50 20.890 2.999 28,441 CT,iFe%avw 4312.4'79 ,46+.4: 8,70001 7,OCOODO 0 7.D00,00C 6.774 114 6,6M ijRWMD 0nf87. Puly&'39iO4y^,?4 7ir,.;6 +;,130.1X, 0.7.40.099 3.712.S.ID'9 9.937,5PC 13S_7aft 78.872 62.996 -CT r12m6'1� , 225, ITOTAL I' - 3/$/2022 Lands d�v l '"'�' -_� :. SOUTH FLORIDAAQFj# NEWS , FEATURES - ©est PRACTICES - CITIES - ABOUT , Why the Treasure Coast housing market is booming M1,92 -IM Treasure Coast counties saw population spikes over last decade, new 2020 census data reveals St. Lucie County saw biggestfianp compamd to Martin, Indian River countici Sydney yA �qz an . _ Treasure Coast Nou,5papers Put..ShW: '� 42 X, rt. CT AsXj 12 ?k)" 1 1 Updated I0:21 a.m. ET Aug I 6. MI M - �11 3/8/2022 I � — 5 3/8/2022 la 6 Treasure Coast, Fl (treasurecoast.com) - The Treasure Coast saw substantial population growth in the last decade, according to a batch of 202:0 data released lastThursday afternoon by the U.S. Census Bureau. The growth is among other trends gleaned from the census, an official count of the U.S. papulation as of April 1, 2020,.gathered from questionnaires. The data shows race, ethnicity housing occupancy and population changes. Total population grows in Treasure Coast counties Martin Country. Nearly 8.3% population increase, from nearly 143,€700 to 158,000 residents. The county trailed Indian River and St. Lucie in the percentage of population growth over the last decade. 3 Lucie County over 18.'0 {copulation increase, from nearly 278,OQ0 to 32g,gD13 residents, The county utpaced Martin and Indian River counties. t::::I' ty. Nearly 15.8' population increase, from 138,000 to 160,0000 residents.The populatioMartin County, but les: than St. Lucie County,'` i The data helps b sinesse. < p, expanit ex�stira enterprises or recruit workers. la 6 3/8/2022 FLORIDA WILDLIFE CORRIDOR I;�- 7 x_ i g _ . T, IN rLORID WILDLIFE CORRIDOR _._._.._ ...... Na Florida Wildi tr Corridor t �• ` '. torzidnr RMtirnnL. ` z��3 � Cn �A1M icri'AMi}" f "ii.Sf%xMrva[i%+AekR �YS`. Ih Rn Wtlsr -^, COI+�tr*Hunawry - .1 �arldnWildl3ia Cor r4dar.a!g � m� FLORIDA WILDLIFE CORRIDOR I;�- 7 3/8/2022 "+ - F C i F Ecological Greenway Project ; ■ iF M Osceola tri Apalachicola* ' ..... :I _� e Ocala to Osceola Ocala to GoetheIs M * ► Ocala to Matanzas Option t GYM a ala to Matanzas Option 2 ..,.., Mil l Ocala to Fisheaun Creek OptOption°I • as Ocala to F iea'g Creek Option 2 Is M PR s Green SwamplChassahosAmukaN twe Coast Big Cypress to Fisheateng Creek � �► , f � ' Geo4a counties Open grater � Em tsng conservation lams Florida Forestier Projects` W. , Florida Ecologtcal Greenways Network 0 25 60 100 des R 4 ...._'_.. _ 3/8/2022 'E� A Al �' c ry• /a' DUa/'� x � 4 e pp �z' 9 3/8/2022 3/8/2022 ► Indian River Land Trust ► Indian River Neighborhood Association ► Pelican Island Audubon Society ► Pelican Island Conservation Society ► Clean Water Coalition of Indian River County ► Friends of St. Sebastian River ► Ocean Research and Conservation Association (ORCA) The Trust for Public Land Indian River County, Florida Conservation Finance 3/8/2022 TPL Track Record 1),, 12 Indian River County (2004): $50 million approved at 67% Refejcl"i'MfAw1wil,Ulu ltaw:.E{.. EiausEaitin•i�i;Yi7y St�tufi€�itt t�fiuult, t_� .0 �,:,;r. ��ai,; tLiMfife habitat Preswauen Vote "FOR. BONDS" on Tuesday, 'November 2nd [•+reaYMOix',.naaM'+.is+awRy 't exrv= 4bav a�E 8 3 i 3/8/2022 I a- 13 Indian River County Technical Assistance Request BOARD or covvrrcam wtviawxv 74M Z - r A., slyf-1 votnef j tXX3R1 1141411#5 Nfl, Wig MU11M 305 K. x1<wroe Ssvx'Y N. M, At't.W" www" go wow� �.ft bod (MW,41� owmg mt., .N, ad f"h w �U& hw4w-.w b- ft rmfia•. lk G -A 3/8/2022 Bond Financing Costs for Indian River County 1 year °' ohd Issues at 2.5-/, Interest Rate 2021 Total Taxable Value = $20,5 bil"13" Annual Bond Issue Size Debt Svce Mill Levy Increase Cost/ Year/ Avg. Residential $40,000,000 $3,230,658 0.157 $36 $4,038,323 0.196 C $41D $55,000,000 $4,442,155 0.216 $50 $60,000,000 $4,845,987 0.235 $55 $65,000,000 $5,249,820 0.255 $59 $70,000,000 $5,653,652 0.275 $64 Source: Florida Dept. of Revenue Ad Valorem & Tax Data Book. Average residential property taxable value $232,400. 28 jZt- 14 Program Recommendations • Finance Mechanism: General obligation bond • Funding Amount: $50 million; 0.196 mills • Purposes and Uses for Funds: Acquisition of permanent interests in environmentally significant lands including those lands addressing water quality and quantity, the Indian River Lagoon, wildlife habitat, and natural areas. • Accountability Provision: Annual public audit and full public disclosure of all expenditures • Election Timing: November 8, 2022 z Other POSSIBLE 2022 Conservation Ballot Measures in Florida Jurisdiction Name Date Mechanism Amount Alachua County Sales tax Martin Count Nassau Count Bond $30 million 3/8/2022 1 0l— 15 On behalf of the environmental community of Indian River County, we request that the Board of County Commissioners direct staff to bring forth a resolution referring a $50 million bond to acquire and permanently preserve environmentally significant lands to the November 8, 2022 ballot, and to direct staff to work with the environmental coalition to draft the resolution and ballot language. 3/8/2022 Ia 16 Department of Health • The health department has been involved in Wabasso for decades. Our first PACE -EH project was in Wabasso in 2004. • Generated $5M in improvements • Developed strong and trusted partnerships • There is a significant need for public health and community services in Wabasso THE 10 ESSENTIAL PUBLIC HEALTH SERVICES Topoae —dp—. tM h-hh a all'"Ok la a»�aa.maa,t�. '1 .i•`.>b`In.f•.t's3}a a au.��n. asstwn�., ��,.� ✓� a`e AsrY'.. .y ii n6t� N�+sa�Y. 7 u� I 3/8/2022 -• I` Q5SP5S�? la A -1 • Worked in partnership with Dasie Hope for the past few years • Partnership has grown and expanded — SNAP -Ed — Women's health (breastfeeding, infant mortality) — Plans for food pantry and congregate meal site — Parenting Classes (Healthy Start) • As Dasie Hope faced financial challenges, both partners realized possibilities for the future • Expansion of community resources and services F � - Resident Identified Areas of Need or Concern: o Senior & children's services o Access to healthy foods o Unsafe housing and neighborhoods o Lack of transportation o Lack of continued educational opportunities o Low wages and lack of employment opportunities o Unsanitary living conditions Ev ALIH --------------------------------------------- 0 3/8/2022 1JA— 2 3/8/2022 Low -Income families are affected by multiple issues o Lack of affordable housing o Social isolation o Chronic or acute health problems o High medical costs o Low wages o Food Insecurity HEALTH O ---------------------- ---.........-.--.........------------------------------------------.._..---•----------..._..--•_______ Food Insecurity is increasing in Indian River County In 2018, 12.6% of the population experienced food insecurity in 2019 that percentage grew to 15.3% _ HEALTH ----------------------------------------------------------------------------------------- -- - 0-------------------------------------------------------------------------------------------------- 1),A- 3 3/8/2022 In 2005, 46.5% of Pelican Island Elementary students qualified for the program, today 81.2% qualify for the program The state rate is 61.4% The national rate is 55.7% Free and Reduced Price School Meal Program: Must be part of a family with incomes at or below 130% of Federal poverty level HEALTH -- - -- --- ----------------- • Approve DOH -Indian River adding Dasie Hope in Wabasso as a satellite site for the DOH • This new site would be added to the core contract between the county and the DOH • DOH would house seven staff at the site - Public health outreach staff (chronic disease, COVID-19, communicable disease) - Minority health liaison - SNAP -ED staff (vegetable gardens at Dasie Hope) - Health Equity liaison - Future possibility for additional services at Dasie Hope on a part-time basis ------------------------------------------------------------------------------------------------------------------------ L ---- )aA-- 4 3/8/2022 • Possible additional Human Service location (part time basis) • Vaccinations • Health screenings • Additional service partners -------------------------------------------------------------------------------------------------- O----------------------------------------------------------------------------------------------- )aA- 5 7q INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: January 12, 2022 SUBJECT: 1st Quarter FY 2021/2022 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the first quarter of fiscal year 2021/2022. 13 C%4 C-4 C4 N 0 C4 0 4) ad 16M Alt Wrall-11 a rmwmmm,mm N O N L O m O u O O t N CL v C N i O v u 'v C v .0 C v C B° M co O Lo a a p K } 0 N t M M co L6 G IR N O 0 N O N U C To; M R p v O n P O N U U C 3 O L O E N 0 v �I M co OlV Lq O G i L 62 M t n C, �r O. a 6 0 N O Q O a N O OL E O U CIS� N Q � N p 9 O � a c > O N O. 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Visit: https://www.ircgov.com/parksandrecreation/ ➢ Learn Baseball Skills, Make Friends, and Stay Active! Throw Smart at Hobart Jan 29 @ Kiwanis Hobart Park • Starts at IOam. Price Varies. Register: https://www.discgolfscene.com/tournaments/throw —smart _at_hobart 2022 Welcome to the second annual Throw Smart at Hobart! This is a non -sanctioned tournament sponsored by treasure coast disc golf club. Air Boat Association Sporting Clay Event Feb 5 @ IRC Shooting Range • 8:30am Check In: Team of [4] Shooters $500 or Individual Shooter $125 ➢ Includes targets, ammo, and lunch. The course can easily be walked! Benefits Indian River County Airboat Association Airboat Club. Vero Beach Hot Air Balloon Festival Feb 5-6 @ IRC Fairgrounds 12pm-l0pm Saturday and Sunday. Buy Tickets: www.freshtix.com/events/verobeachballoonfest ➢ Event is Fun for the whole family. Come enjoy tethered Air Balloon Rides and displays. Food and Drink Vendors will be available. Hot Air Balloons will light up at night! Adult Softball Games Begin! Feb 7 @ South County Park • Monday and Wednesday Nights are Men's League and Tuesday nights is the Co-ed League. Visit: https://www.ircgov.com/parksandrecreation/ 25 Commissioner O'Bryan's S. County Community Meeting Feb 7 @ iG Center — Rm 112A • 5:30-7pm - One on one with Commissioner Peter O'Bryan ➢ South County Public Community Meeting. Story of the Florida Keys Feb 8 @ North County Library • 6-7pm: Free Event! ➢ Join local musician "Papa Pete" McCulloch as he brings the sounds and tales of the Florida Keys to the Sebastian Library! Vero Beach Blues and BBQ Fest Feb 12-13 @ IRC Fairgrounds • 1 lam- IOpm Saturday & I lam-5pm Sunday. Admission is $5 ➢ Fun for the Family. Enjoy BBQ and Live Blues bands. Cooking for Two with Chef Warren Caterson Feb 14 @ IRC Main Library • 6:30-7:30pm: Free Event! ➢ An introduction to cooking for two that is filled with loads of kitchen tips and cooking hints with humor and fun all throughout! Femme Fatale Arms Store — Basic Firearms Use and Safety/Concealed Carry Training Class Feb 17 @ IRC Shooting Range • Starts at 9:30am. Event costs $155. By tickets: https://www.eventbrite.com/e/sebastian-basic-fireann- use-and-safety-concealed-carry-feb2022-tickets-243185031977 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. Bridgerton Themed Tea Party Feb 18 @ Brackett Library • 2-3pm. Admission is Free ➢ Join us for tea, snacks, and party games! Thunder on the Beach Pow Wow Feb 18-20 @ IRC Fairgrounds -Ag • 4-9:30pm Friday, IOam-9:30pm Saturday, and l Oam-5:30pm Sunday. Cost Varies. ➢ Indian Pow Wow, Native American Vendors, and Native American Dancing. Fun for the Family! 26 Around the Table — Teen Cooking Class Feb 21 @ North County Library • 5:30-6:30pm. Free Event! Participants enjoy hands-on cooking, facilitated conversations, and interactive activities that build healthy connection to food, self, and community. Lecture Series: Short Takes: A Grab Bag of Old Florida Series Feb 22 @ North County Library • 2-3pm: Free Event! Enjoy lively interpretations of some of the better-known Florida tales of lovers, criminals, and celebrities, as well as others you might not have encountered. Florida Fish and Wildlife Commission Hunters Education Class Feb 26 @ IRC Shooting Range • 9am-3pm i Hunter safety course led by a certified instructor covering the knowledge, skills, and attitude needed to be a safe hunter and enjoy the outdoors. Micro Wrestling Feb 26 @ IRC Fairgrounds • 7-10pm. Cost Varies! ➢ A Wrestling Event that provides entertainment and is fun for the family! Treasure Coast Swimming Area 6 Swim Meet Feb 26-27 @ North County Aquatics Center • 8am-5pm Saturday & Sunday: Free Event to Watch! ➢ The North County Aquatic Center will be the host site for the sanctioned USA Swimming area 6th Championship 25 -yard swim meet hosted by the Treasure Coast Conquistadores. The meet will include 13 teams swimming novice 8 and under swimmers to advanced senior swimmers. Family Fun Fest Feb 26 @ iG Center Veranda • l0am-3pm. Free Event! Visit: https://www.ircgov.com/parksandrecreation/ ➢ Fun for the whole Family! There will be music, food trucks, vendors, free snow cones and popcorn, games, face painting, prizes, and more. 27 Gun Show Mar 5-6 @ IRC Fairgrounds • 9-5 Saturday & 10-4 Sunday. Admission $8 ➢ The Vero Beach Florida Gun Show will have firearms, ammunition, and accessories for sale. Indian River County Firefighters Fair Mar 11-20 @ IRC Fairgrounds • Price and Times Vary ➢ Rides, Food, Contests, Live Entertainment, Games, and Family Fun! Lecture Series: Above and Beyond: JFK and the FL U-2 Pilots during the Cuban Missile Crisis Mar 22 @ North County Library • 2-3pm: Free Event! The little-known story of U-2 pilots who flew from Orlando to Cuba to secure the photographic proof that the soviets were installing nuclear missiles on Cuba, sparking an international crisis that brought the U.S. and the Soviet Union to the brink of war. Craft Supply Swap Mar 25 @ Brackett Library • 12-4pm: Free Event! ➢ Looking to try a new craft but don't want to invest a lot of money until you know if it works for you? Are you looking to downsize and have beautiful craft related items that need a new home? Come visit our swap! 28 February 1, 2022 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 21, 2022 SUBJECT: Appointment of Commissioner Earman to Vero Beach Community Complex Advisory Team FROM: Joseph H. Earman Commissioner, District 3 Information Item: I wish to inform the BCC members that I've been invited to be a member of the Vero Beach Community Complex Advisory Team (VBCCAT). The goal of the VBCCAT is to plan the development of the fields adjacent to the Vero Beach High School football stadium for the outdoor recreational benefit of our youth and their families. This advisory team will meet approximately one time each month over the course of the school year. The first meeting occurred on Wednesday, January 12th, and future tentative dates are February 3rd, March 3rd, and April 6th. The agenda for the first meeting included the background and feasibility study executive summary, a brainstorming session on fundraising pathways, and the launch of the capital campaign. I will keep the BCC informed of any applicable topics broached by the advisory team. 29 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 6, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 31, 2021 to January 6, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of December 31, 2021 to January 6, 2022. 30 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 418160 01/06/2022 RICOH USA INC 18.38 418161 01/06/2022 MEEKS PLUMBING INC 250.00 418162 01/06/2022 BOUND TREE MEDICAL LLC 2,306.30 418163 01/06/2022 CITY OF VERO BEACH 740.41 418164 01/06/2022 INDIAN RIVER HABITAT 27.00 418165 01/06/2022 TYLER TECHNOLOGIES INC 44,878.49 418166 01/06/2022 FLORIDA POWER AND LIGHT 3,509.89 418167 01/06/2022 BARBARA SNOW 718.33 418168 01/06/2022 HULETT ENVIRONMENTAL SERVICES 49.50 418169 01/06/2022 CELICO PARTNERSHIP 194.88 418170 01/06/2022 SOUTHERN JANITOR SUPPLY INC 204.28 418171 01/06/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 135.49 418172 01/06/2022 TENTS N EVENTS INC 400.00 418173 01/06/2022 ELITE TENT COMPANY 200.00 418174 01/06/2022 EXCHANGE CLUB OF VERO BEACH 200.00 418175 01/06/2022 REHMANN GROUP LLC 80,000.00 418176 01/06/2022 MUNICIPAL EMERGENCY SERVICES INC 2,296.54 418177 01/06/2022 PURCHASE NURSERY INC 200.00 418178 01/06/2022 COLE AUTO SUPPLY INC 95.22 418179 01/06/2022 DIRECTV GROUP INC 81.99 418180 01/06/2022 AMAZON CAPITAL SERVICES INC 32.18 418181 01/06/2022 MULLINAX FORD OF VERO BEACH 175.03 418182 01/06/2022 LOWES COMPANIES INC 1,131.75 418183 01/06/2022 PETERBILT STORE SOUTH FLORIDA LLC 815.59 418184 01/06/2022 TRU COLORS CONTRACTING INC 10,437.00 418185 01/06/2022 CONSOLIDATED WATER GROUP LLC 154.22 418186 01/06/2022 5T LLC 200.00 418187 01/06/2022 RICHARD LACROIX 60.00 418188 01/06/2022 PAM CLARK 60.00 418189 01/06/2022 THOMAS R KNOWLES COMPANY 10,000.00 418190 01/06/2022 UTIL REFUNDS 61.65 418191 01/06/2022 UTIL REFUNDS 43.53 418192 01/06/2022 UTIL REFUNDS 19.15 418193 01/06/2022 UTIL REFUNDS 2.69 418194 01/06/2022 UTIL REFUNDS 34.86 418195 01/06/2022 UTIL REFUNDS 22.66 418196 01/06/2022 UTIL REFUNDS 923.15 418197 01/06/2022 UTIL REFUNDS 247.01 418198 01/06/2022 UTIL REFUNDS 81.88 418199 01/06/2022 UTIL REFUNDS 53.58 418200 01/06/2022 UTIL REFUNDS 60.44 418201 01/06/2022 UTIL REFUNDS 73.19 418202 01/06/2022 UTIL REFUNDS 80.99 418203 01/06/2022 UTIL REFUNDS 34.83 418204 01/06/2022 UTIL REFUNDS 55.43 418205 01/06/2022 UTIL REFUNDS 70.86 418206 01/06/2022 UTIL REFUNDS 35.40 418207 01/06/2022 UTIL REFUNDS 31.90 418208 01/06/2022 UTIL REFUNDS 76.63 418209 01/06/2022 UTIL REFUNDS 21.25 418210 01/06/2022 UTIL REFUNDS 100.00 418211 01/06/2022 UTIL REFUNDS 100.00 418212 01/06/2022 UTIL REFUNDS 49.22 418213 01/06/2022 UTIL REFUNDS 43.27 418214 01/06/2022 UTIL REFUNDS 62.98 418215 01/06/2022 UTIL REFUNDS 123.37 418216 01/06/2022 UTIL REFUNDS 327.77 418217 01/06/2022 UTIL REFUNDS 34.11 31 TRANS NBR DATE VENDOR AMOUNT 418218 01/06/2022 UTIL REFUNDS 10.77 418219 01/06/2022 UTIL REFUNDS 35.00 418220 01/06/2022 UTIL REFUNDS 80.20 418221 01/06/2022 UTIL REFUNDS 121.66 418222 01/06/2022 UTIL REFUNDS 200.75 418223 01/06/2022 UTIL REFUNDS 41.01 418224 01/06/2022 UTIL REFUNDS 13.24 418225 01/06/2022 UTIL REFUNDS 82.12 418226 01/06/2022 PORT CONSOLIDATED INC 2,155.46 418227 01/06/2022 STURGIS LUMBER & PLYWOOD CO 14.33 418228 01/06/2022 SUNCOAST WELDING SUPPLIES INC 1,028.69 418229 01/06/2022 LENGEMANN CORP 421.86 418230 01/06/2022 VERO CHEMICAL DISTRIBUTORS INC 249.60 418231 01/06/2022 RICOH USA INC 165.15 418232 01/06/2022 RICOH USA INC 140.84 418233 01/06/2022 SAFETY PRODUCTS INC 873.50 418234 01/06/2022 DATA FLOW SYSTEMS INC 877.00 418235 01/06/2022 E-Z BREW COFFEE & BOTTLE WATER SVC 180.00 418236 01/06/2022 GRAINGER 631.22 418237 01/06/2022 KELLY TRACTOR CO 14,375.39 418238 01/06/2022 SAFETY KLEEN SYSTEMS INC 350.85 418239 01/06/2022 GRAYBAR ELECTRIC 165.90 418240 01/06/2022 WILD LAND ENTERPRISES INC 174.50 418241 01/06/2022 HACH CO 5,083.61 418242 01/06/2022 LFI FORT PIERCE INC 1,343.72 418243 01/06/2022 CLIFF BERRY INC 659.75 418244 01/06/2022 TIRESOLES OF BROWARD INC 4,732.95 418245 01/06/2022 MOTION INDUSTRIES INC 1,448.11 418246 01/06/2022 BLAKESLEE SERVICES INC 73.00 418247 01/06/2022 MIDWEST TAPE LLC 296.20 418248 01/06/2022 NORTHERN SAFETY CO INC 339.48 418249 01/06/2022 PRIZE POSSESSIONS 842.32 418250 01/06/2022 ODYSSEY MANUFACTURING CO 2,186.42 418251 01/06/2022 K & M ELECTRIC SUPPLY 99.62 418252 01/06/2022 CENGAGE LEARNING INC 329.94 418253 01/06/2022 PENWORTHY COMPANY 1,456.59 418254 01/06/2022 GO COASTAL INC 143.70 418255 01/06/2022 CITY OF VERO BEACH 334.06 418256 01/06/2022 EBSCO INDUSTRIES INC 49.50 418257 01/06/2022 ROGER CLEVELAND GOLF INC 5,248.53 418258 01/06/2022 ACUSHNET COMPANY 6,023.12 418259 01/06/2022 WEST PUBLISHING CORPORATION 196.43 418260 01/06/2022 FEDERAL EXPRESS CORP 237.98 418261 01/06/2022 FAMOSO INC 1,546.94 418262 01/06/2022 NATIONAL RECREATION & PARK ASSOC 175.00 418263 01/06/2022 FLORIDA POWER AND LIGHT 129,604.75 418264 01/06/2022 FLORIDA POWER AND LIGHT 3,092.82 418265 01/06/2022 HENRY SMITH 150.00 418266 01/06/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 12.87 418267 01/06/2022 ELXSI INC 986.66 418268 01/06/2022 DAVCO ELECTRICAL CONTRACTORS CORP 12,995.00 418269 01/06/2022 BRIDGESTONE AMERICAS INC 4,962.58 418270 01/06/2022 PUKKA INC 765.00 418271 01/06/2022 HULETT ENVIRONMENTAL SERVICES 59.00 418272 01/06/2022 HIMANSHU MEHTA 4.00 418273 01/06/2022 BRIDGESTONE GOLF INC 132.96 418274 01/06/2022 GLOVER OIL COMPANY INC 105,914.69 418275 01/06/2022 BOTTOM LINE PERSONAL 39.00 418276 01/06/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 140.85 418277 01/06/2022 SOCIETY FOR HUMAN RESOURCE MGMT 219.00 32 TRANS NBR DATE VENDOR AMOUNT 418278 01/06/2022 JOHNNY B SMITH 175.00 418279 01/06/2022 KWACKS INC 852.00 418280 01/06/2022 NICOLACE MARKETING INC 4,687.50 418281 01/06/2022 EQ THE ENVIRONMENTAL QUALITY COMPANY 27,778.64 418282 01/06/2022 VERA SMITH 75.00 418283 01/06/2022 GARRETT SMITH 75.00 418284 01/06/2022 OVERDRIVE INC 1,162.93 418285 01/06/2022 BERMUDA SANDS APPAREL LLC 1,731.40 418286 01/06/2022 WILD TURKEY ESTATES OF VERO LLC 1,349.18 418287 01/06/2022 THOMAS C QUINA 600.00 418288 01/06/2022 CARROT TOP INDUSTRIES INC 500.06 418289 01/06/2022 ALEX MIKLO 125.00 418290 01/06/2022 BURNETT LIME CO INC 13,281.62 418291 01/06/2022 R J THOMAS MANUFACTURING CO INC 1,095.00 418292 01/06/2022 SOUTHERN MANAGEMENT LLC 9,071.00 418293 01/06/2022 COBRA GOLF INCORPORATED 855.70 418294 01/06/2022 HAWKINS INC 192.50 418295 01/06/2022 CATHEDRAL CORPORATION 438.04 418296 01/06/2022 UNIFIRST CORPORATION 1,307.05 418297 01/06/2022 SOLAR SOLUTIONS WINDOW TINTING INC 355.00 418298 01/06/2022 GOTTA GO GREEN ENTERPISES INC 190.68 418299 01/06/2022 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 418300 01/06/2022 FLORIDA EAST COAST HOLDINGS CORP 7,660.00 418301 01/06/2022 EASTERN PIPELINE CONSTRUCTION INC 5,325.00 418302 01/06/2022 MATHESON TRI-GAS INC 5,297.50 418303 01/06/2022 ROBERT O RICHARDSON III 75.00 418304 01/06/2022 AQSEPTENCE GROUP INC 44.67 418305 01/06/2022 COLE AUTO SUPPLY INC 4,844.17 418306 01/06/2022 RHOADES AIR & HEAT 900.00 418307 01/06/2022 STUART RUBBER STAMP & SIGN CO INC 15.11 418308 01/06/2022 CORE & MAIN LP 15,419.53 418309 01/06/2022 INDIAN RIVER DOCKS LLC 8,107.25 418310 01/06/2022 WOERNER AGRIBUSINESS LLC 270.00 418311 01/06/2022 DJD EQUIPMENT HOLDINGS LLC 5,041.24 418312 01/06/2022 GYRO-TRAC CORPORATION 6,712.32 418313 01/06/2022 IM SOLUTIONS INC 3,855.70 418314 01/06/2022 AMAZON CAPITAL SERVICES INC 2,562.29 418315 01/06/2022 TREASURE COAST PLUMBING LLC 3,948.00 418316 01/06/2022 PACE ANALYTICAL SERVICES LLC 87.00 418317 01/06/2022 METROPOLITAN COMMUNICATION SERVICES INC 484.25 418318 01/06/2022 JOHN J DRISCOLL 325.00 418319 01/06/2022 DAVID MIKE 100.00 418320 01/06/2022 AUSTIN REYNOLDS 150.00 418321 01/06/2022 JORDAN POWER EQUIPMENT CORP 134.93 418322 01/06/2022 JUDITH A BURLEY 275.00 418323 01/06/2022 JENNIFER TORCHALSKI 1,080.00 418324 01/06/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 50.98 418325 01/06/2022 DESK SPINCO INC 1,860.85 418326 01/06/2022 FERGUSON US HOLDINGS INC 2,770.82 418327 01/06/2022 BLUE GOOSE CONSTRUCTION LLC 1,964.20 418328 01/06/2022 STAPLES INC 35.93 418329 01/06/2022 LOWES COMPANIES INC 2,808.50 418330 01/06/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 418331 01/06/2022 ROBERT A HUDSON 225.00 418332 01/06/2022 REBECCA SIPLAK 12.00 418333 01/06/2022 GREEN SEASONS NURSERY INC 1,760.95 418334 01/06/2022 THEODORE SEMI 225.00 418335 01/06/2022 AQUATIC WEED CONTROL INC 145.00 418336 01/06/2022 BRITTON INDUSTRIES INC 686.98 418337 01/06/2022 SCALESGEAR.COM LLC 130.85 33 TRANS NBR DATE VENDOR AMOUNT 418338 01/06/2022 LAWRENCE F WALLIN 25.00 418339 01/06/2022 HIREQUEST LLC 10,889.04 418340 01/06/2022 PETERBILT STORE SOUTH FLORIDA LLC 925.09 418341 01/06/2022 A TEAM OF THE TREASURE COAST INC 2,283.00 418342 01/06/2022 PIVOTAL UTILITY HOLDINGS INC 58.35 418343 01/06/2022 SANDHIL,L ENVIRONMENTAL SERVICES LLC 11,530.00 418344 01/06/2022 BTAC HOLDING CORP 2,173.39 418345 01/06/2022 ALEX RICHARDSON 75.00 418346 01/06/2022 SSES INC 331.22 418347 01/06/2022 WILD LAND ENTERPRISES INC 9.95 418348 01/06/2022 TIRESOLES OF BROWARD INC 895.00 418349 01/06/2022 BAKER DISTRIBUTING CO LLC 74.16 418350 01/06/2022 UNITED STATES POSTAL SERVICE 20,000.00 418351 01/06/2022 FEDERAL EXPRESS CORP 15.23 418352 01/06/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 23.33 418353 01/06/2022 TREASURE COAST SPORTS COMMISSION INC 5,906.30 418354 01/06/2022 SOUTHERN JANITOR SUPPLY INC 863.10 418355 01/06/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 345.75 418356 01/06/2022 MENTAL HEALTH ASSOCIATION IRC INC 7,286.68 418357 01/06/2022 JOSHUA HARVEY GHIZ 6,280.49 418358 01/06/2022 AMAZON CAPITAL SERVICES INC 127.35 418359 01/06/2022 MULLINAX FORD OF VERO BEACH 174.92 418360 01/06/2022 LOWES COMPANIES INC 32.71 Grand Total: 702,193.04 34 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901632 01/03/2022 CREATIVE CHOICE HOMES XVI LTD 438.00 901633 01/03/2022 IRC HOUSING AUTHORITY 72.00 901634 01/03/2022 LAZY J LLC 337.00 901635 01/03/2022 COALITION FOR ATTAINABLE HOMES INC 477.00 901636 01/03/2022 SUNQUESTAPRTMENTS LLC 806.00 901637 01/03/2022 ORCHARD GROVE VENTURE LLC 3,631.00 901638 01/03/2022 SREIT LEXINGTON CLUB LLC 2,066.00 901639 01/03/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 449.00 901640 01/03/2022 GRACES LANDING LTD 13,668.00 901641 01/03/2022 BETTY DAVIS SCROGGS 769.00 901642 01/03/2022 CREATIVE CHOICE HOMES XVI LTD 13,843.00 901643 01/03/2022 DAVID YORK 577.00 901644 01/03/2022 ST FRANCIS MANOR OF VERO BEACH 1,989.00 901645 01/03/2022 TREASURE COAST HOMELESS SERVICES 2,353.00 901646 01/03/2022 FLORIDA POWER AND LIGHT 91.00 901647 01/03/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,096.00 901648 01/03/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,899.00 901649 01/03/2022 THE PALMS AT VERO BEACH 16,805.00 901650 01/03/2022 DAVID CONDON 801.00 901651 01/03/2022 HIL,ARY MCIVOR 457.00 901652 01/03/2022 PELICAN ISLES LP 11,309.00 901653 01/03/2022 SUNCOAST REALTY & RENTAL MGMT LLC 4,290.00 901654 01/03/2022 OAK RIVER PROPERTIES INC 309.00 901655 01/03/2022 ADINA GOLDMAN 746.00 901656 01/03/2022 INDIAN RIVER RDA LP 3,104.00 901657 01/03/2022 LAZY J LLC 1,421.00 901658 01/03/2022 JESSE LEWIS 143.00 901659 01/03/2022 SAID S MOOBARK 2,148.00 901660 01/03/2022 OSCEOLA COUNTY SECTION 8 897.37 901661 01/03/2022 ANTHONY ARROYO 685.00 901662 01/03/2022 YVONNE KOUTSOFIOS 19.00 901663 01/03/2022 BRIAN E GALLAGHER 633.00 901664 01/03/2022 SCOT WILKE 210.00 901665 01/03/2022 JOHN T STANLEY 1,133.00 901666 01/03/2022 WEDGEWOOD RENTALS LLC 1,133.00 901667 01/03/2022 COALITION FOR ATTAINABLE HOMES INC 60.00 901668 01/03/2022 MCLAUGHLIN PROPERTIES LLC 949.00 901669 01/03/2022 MYRIAM MELENDEZ 595.00 901670 01/03/2022 WATSON REALTY GROUP 2,586.00 901671 01/03/2022 SHER LLC 429.00 901672 01/03/2022 SUNQUESTAPRTMENTS LLC 3,660.00 901673 01/03/2022 PJD HOLDINGS LLC 1,225.00 901674 01/03/2022 ORCHARD GROVE VENTURE LLC 12,812.00 901675 01/03/2022 SONRISE APARTMENT PROPERTIES LLC 3,416.00 901676 01/03/2022 SREIT LEXINGTON CLUB LLC 33,991.00 901677 01/03/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 11,771.00 901678 01/03/2022 B4 TC PROPERTIES LLC 1,099.00 901679 01/03/2022 STREIT RIVER PARK PLACE LLC 22,211.00 901680 01/03/2022 EZAS INVESTMENTS LLC 912.00 901681 01/03/2022 MARILEE MINTZER 598.00 901682 01/03/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 25,933.00 Grand Total: 217,051.37 35 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019120 01/06/2022 PARKS RENTAL & SALES INC 52.00 1019121 01/06/2022 INDIAN RIVER BATTERY 2,584.60 1019122 01/06/2022 INDIAN RIVER OXYGEN INC 214.99 1019123 01/06/2022 RING POWER CORPORATION 25,472.04 1019124 01/06/2022 MIK.ES GARAGE & WRECKER SERVICE INC 1,745.00 1019125 01/06/2022 DAVES SPORTING GOODS & TROPHIES 2,347.75 1019126 01/06/2022 APPLE INDUSTRIAL SUPPLY CO 556.29 1019127 01/06/2022 ST LUCIE BATTERY & TIRE CO 454.84 1019128 01/06/2022 IRRIGATION CONSULTANTS UNLIMITED INC 1,084.31 1019129 01/06/2022 WORLD INDUSTRIAL EQUIPMENT INC 2,540.14 1019130 01/06/2022 GROVE WELDERS INC 850.00 1019131 01/06/2022 SOUTHERN COMPUTER WAREHOUSE INC 1,225.20 1019132 01/06/2022 RECHTIEN INTERNATIONAL TRUCKS 97.53 1019133 01/06/2022 HARCROS CHEMICALS, INC. 3,040.08 1019134 01/06/2022 PROTRANSMASTERS II INC 3,945.75 1019135 01/06/2022 AUTO PARTNERS LLC 709.38 1019136 01/06/2022 STAT MEDICAL DISPOSAL INC 750.00 1019137 01/06/2022 HYDRA SERVICE (S) INC 9,479.00 1019138 01/06/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 1,645.00 1019139 01/06/2022 GUARDIAN ALARM OF FLORIDA LLC 886.00 1019140 01/06/2022 EFE INC 5,803.38 1019141 01/06/2022 APPLE INDUSTRIAL SUPPLY CO 45.22 1019142 01/06/2022 SMITH BROTHERS CONTRACTING EQUIP 1,367.86 1019143 01/06/2022 GROVE WELDERS INC 2,380.26 1019144 01/06/2022 RECHTIEN INTERNATIONAL TRUCKS 963.97 1019145 01/06/2022 L&L DISTRIBUTORS 1,968.47 Grand Total: 72,209.06 36 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9203 01/03/2022 ST LUCIE BATTERY & TIRE CO 1,092.72 9204 01/03/2022 CLERK OF CIRCUIT COURT 102,839.75 9205 01/03/2022 CLERK OF CIRCUIT COURT 42,249.00 9206 01/03/2022 INDIAN RIVER COUNTY PROPERTY APPRAISER 988,871.25 9207 01/03/2022 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9208 01/03/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9209 01/04/2022 AMERICAN FAMILY LIFE ASSURANCE CO 19,191.59 9210 01/04/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,567.10 9211 01/04/2022 FL RETIREMENT SYSTEM 886,527.46 9212 01/04/2022 ALLSTATE 125.10 9213 01/04/2022 MUTUAL OF OMAHA 8,757.88 9214 01/04/2022 MUTUAL OF OMAHA 20,659.70 9215 01/04/2022 TD BANK 9,055.72 9216 01/04/2022 VEROTOWN LLC 1,000.00 9217 01/04/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,550.30 9218 01/04/2022 SAVE ON SP LLC 28,290.08 9219 01/05/2022 CLERK OF CIRCUIT COURT 4,358.94 9220 01/05/2022 CITY OF FELLSMERE 136,527.94 9221 01/05/2022 INDIAN RIVER COUNTY TAX COLLECTOR 24,739.07 9222 01/05/2022 INDIAN RIVER COUNTY SHERIFF 261,276.36 9223 01/06/2022 EDH HOLDINGS LLC 45,422.76 9224 01/06/2022 KIMLEY HORN & ASSOC INC 3,013.00 9225 01/06/2022 RX BENEFITS INC 209,027.23 Grand Total: 7,799,529.99 37 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 13, 2022 & CoMPr R�C`t� U 7J 9 a y `FR COueiti-� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 7, 2022 to January 13, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 7, 2022 to January 13, 2022. 38 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 418361 01/07/2022 NORTH CAROLINA CHILD SUPPORT 105.69 418362 01/07/2022 AMERITAS 33,151.20 418363 01/07/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 418364 01/07/2022 P&AADMINISTRATIVE SERVICES INC 456.00 418365 01/10/2022 FLORIDA RECREATION & PARK ASSOC INC 25.00 418366 01/10/2022 FLORIDA RECREATION & PARK ASSOC INC 25.00 418367 01/10/2022 SUSAN ADAMS 43.97 418368 01/10/2022 A & SW CONSULTANTS INC 695.00 418369 01/10/2022 KIMBERLY K MOIRANO 13.17 418370 01/13/2022 COMMUNICATIONS INTERNATIONAL 1,934.00 418371 01/13/2022 TEN -8 FIRE EQUIPMENT INC 592.35 418372 01/13/2022 HENRY SCHEIN INC 3,034.04 418373 01/13/2022 AT&T WIRELESS 172.92 418374 01/13/2022 AT&T WIRELESS 345.84 418375 01/13/2022 SAFETY KLEEN SYSTEMS INC 275.00 418376 01/13/2022 ECOTECH CONSULTANTS INC 2,666.63 418377 01/13/2022 TIRESOLES OF BROWARD INC 1,686.00 418378 01/13/2022 ABCO GARAGE DOOR CO INC 891.60 418379 01/13/2022 INDIAN RIVER COUNTY HEALTH DEPT 35.00 418380 01/13/2022 AT&T CORP 1,409.64 418381 01/13/2022 FLORIDA POWER AND LIGHT 3,052.45 418382 01/13/2022 PUBLIC DEFENDER 4,691.50 418383 01/13/2022 CITY OF FELLSMERE 8,877.77 418384 01/13/2022 WASTE MANAGEMENT INC 210,079.55 418385 01/13/2022 HIBISCUS CHILDRENS CENTER INC 45.00 418386 01/13/2022 COMPLETE ELECTRIC INC 370.25 418387 01/13/2022 FLORIDA EMERGENCY PREPAREDNESS 100.00 418388 01/13/2022 INSIGHT PUBLIC SECTOR 3,791.25 418389 01/13/2022 MIDWEST MOTOR SUPPLY CO 54.57 418390 01/13/2022 HULETT ENVIRONMENTAL SERVICES 33.00 418391 01/13/2022 CELICO PARTNERSHIP 3,688.82 418392 01/13/2022 THE SHERWIN WILLIAMS CO 257.26 418393 01/13/2022 SOUTHERN JANITOR SUPPLY INC 1,122.72 418394 01/13/2022 STEVEN RENNICK 100.00 418395 01/13/2022 ETR LLC 239.69 418396 01/13/2022 AY JALISCO III INC 10,000.00 418397 01/13/2022 STICKLES, WILLIAM 100.00 418398 01/13/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 150.00 418399 01/13/2022 VATLAND IMPORTS INC 344.97 418400 01/13/2022 DANA SAFETY SUPPLY INC 295.99 418401 01/13/2022 WELLS FARGO BANK NA 2,430.01 418402 01/13/2022 HELPING ANIMALS LIVE -OVERCOME 42.00 418403 01/13/2022 HIGHERGROUND INC 1,393.65 418404 01/13/2022 CARDINAL HEALTH 110 INC 3,600.69 418405 01/13/2022 MUNICIPAL EMERGENCY SERVICES INC 1,899.19 418406 01/13/2022 NAPIER & ROLLIN PLLC 95.00 418407 01/13/2022 THE TRANSIT GROUP INC 1,848.00 418408 01/13/2022 UNIFIRST CORPORATION 80.38 418409 01/13/2022 BARSALOU VENTURES LLC 1,447.58 418410 01/13/2022 COLE AUTO SUPPLY INC 1,433.15 418411 01/13/2022 LOCKTON COMPANIES 44,750.00 418412 01/13/2022 AMAZON CAPITAL SERVICES INC 1,011.54 418413 01/13/2022 MULLINAX FORD OF VERO BEACH 1,211.21 418414 01/13/2022 SOMMERS CONSTRUCTION LLC 17,750.00 418415 01/13/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 425.00 418416 01/13/2022 LOWES COMPANIES INC 1,213.83 418417 01/13/2022 SREIT LEXINGTON CLUB LLC 3,880.00 418418 01/13/2022 QUADMED INC 3,502.16 39 TRANS NBR DATE VENDOR AMOUNT 418419 01/13/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 4,775.00 418420 01/13/2022 J-MAC CLEANING SERVICES INC 4,833.33 418421 01/13/2022 FIRE EQUIPMENT SERVICES OF FLORIDA INC 2,640.00 418422 01/13/2022 HIGHER GROUND LAND SERVICES LLC 4,384.00 418423 01/13/2022 TAKING GROUND LAWN & LANDSCAPE INC 200.00 418424 01/13/2022 HIGH SOURCES INC 11,300.00 418425 01/13/2022 PROFESSIONAL REPUBLICAN WOMENS AND MOTHER 150.00 418426 01/13/2022 TRUIST BANK 4,199.21 418427 01/13/2022 KRISTEN WARNER 30.01 418428 01/13/2022 CHRISTINE KROUSE 450.00 418429 01/13/2022 ANNIE DAVENPORT 7.61 418430 01/13/2022 JOHN MAY 237.50 418431 01/13/2022 ANNE GORMAN 100.00 418432 01/13/2022 PERICO VERDE INC 10,000.00 418433 01/13/2022 MICHAEL CATALANO 10,000.00 418434 01/13/2022 UTIL REFUNDS 50.79 418435 01/13/2022 UTIL REFUNDS 2.22 418436 01/13/2022 UTIL REFUNDS 45.96 418437 01/13/2022 UTIL REFUNDS 87.31 418438 01/13/2022 UTIL REFUNDS 31.21 418439 01/13/2022 UTIL REFUNDS 305.64 418440 01/13/2022 UTIL REFUNDS 93.29 418441 01/13/2022 UTIL REFUNDS 32.26 418442 01/13/2022 UTIL REFUNDS 73.80 418443 01/13/2022 UTIL REFUNDS 48.06 418444 01/13/2022 UTIL REFUNDS 323.75 418445 01/13/2022 UTIL REFUNDS 45.26 418446 01/13/2022 UTIL REFUNDS 78.31 418447 01/13/2022 UTIL REFUNDS 74.24 418448 01/13/2022 UTIL REFUNDS 77.84 418449 01/13/2022 UTIL REFUNDS 230.11 418450 01/13/2022 UTIL REFUNDS 25.38 418451 01/13/2022 UTIL REFUNDS 52.04 418452 01/13/2022 UTIL REFUNDS 83.92 418453 01/13/2022 UTIL REFUNDS 27.27 418454 01/13/2022 UTIL REFUNDS 56.84 418455 01/13/2022 UTIL REFUNDS 14.80 418456 01/13/2022 UTIL REFUNDS 70.22 418457 01/13/2022 UTIL REFUNDS 20,018.10 418458 01/13/2022 UTIL REFUNDS 39.97 418459 01/13/2022 UTIL REFUNDS 52.89 418460 01/13/2022 UTIL REFUNDS 28.08 418461 01/13/2022 UTIL REFUNDS 75.13 418462 01/13/2022 UTIL REFUNDS 25.77 418463 01/13/2022 UTIL REFUNDS 34.76 418464 01/13/2022 UTIL REFUNDS 71.44 418465 01/13/2022 UTIL REFUNDS 89.20 418466 01/13/2022 UTIL REFUNDS 68.78 418467 01/13/2022 UTIL REFUNDS 30.75 418468 01/13/2022 UTIL REFUNDS 44.25 418469 01/13/2022 UTIL REFUNDS 108.46 418470 01/13/2022 UTIL REFUNDS 48.78 418471 01/13/2022 UTIL REFUNDS 37.04 418472 01/13/2022 UTIL REFUNDS 8.08 418473 01/13/2022 PORT CONSOLIDATED INC 1,936.12 418474 01/13/2022 COMMUNICATIONS INTERNATIONAL 17,720.62 418475 01/13/2022 SSES INC 5,533.20 418476 01/13/2022 LENGEMANN CORP 1,171.48 418477 01/13/2022 VERO CHEMICAL DISTRIBUTORS INC 493.40 418478 01/13/2022 PARALEE COMPANY INC 690.90 40 TRANS NBR DATE VENDOR AMOUNT 418479 01/13/2022 GRAINGER 57.37 418480 01/13/2022 KELLY TRACTOR CO 1,865.91 418481 01/13/2022 GAYLORD BROTHERS INC 466.86 418482 01/13/2022 HACH CO 2,187.09 418483 01/13/2022 LFI FORT PIERCE INC 824.85 418484 01/13/2022 CLIFF BERRY INC 216.30 418485 01/13/2022 SWE INC 1,250.00 418486 01/13/2022 EXPRESS REEL GRINDING INC 198.75 418487 01/13/2022 ABCO GARAGE DOOR CO INC 266.50 418488 01/13/2022 CARTER ASSOCIATES INC 2,850.00 418489 01/13/2022 DELL MARKETING LP 950.00 418490 01/13/2022 PETERSEN INDUSTRIES INC 7,075.45 418491 01/13/2022 BLAKESLEE SERVICES INC 750.00 418492 01/13/2022 UTILITY SERVICE CO INC 8,897.00 418493 01/13/2022 MIDWEST TAPE LLC 4,081.35 418494 01/13/2022 ODYSSEY MANUFACTURING CO 82,170.12 418495 01/13/2022 K & M ELECTRIC SUPPLY 363.24 418496 01/13/2022 TY COBB SERVICE INC 100.00 418497 01/13/2022 BAKER DISTRIBUTING CO LLC 95.55 418498 01/13/2022 CENGAGE LEARNING INC 505.30 418499 01/13/2022 SOFTWARE HARDWARE INTEGRATION 460.11 418500 01/13/2022 CITY OF VERO BEACH 811.50 418501 01/13/2022 JANITORIAL DEPOT OF AMERICA INC 957.72 418502 01/13/2022 TREASURE COAST HOMELESS SERVICES 795.45 418503 01/13/2022 FLORIDA DEPT OF AGRICULTURE AND 100.00 418504 01/13/2022 ROGER CLEVELAND GOLF INC 696.50 418505 01/13/2022 ACUSHNET COMPANY 379.74 418506 01/13/2022 FEDERAL EXPRESS CORP 7.54 418507 01/13/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 859.18 418508 01/13/2022 MUNICIPAL CODE CORPORATION 950.00 418509 01/13/2022 FAMOSO INC 1,510.24 418510 01/13/2022 CALLAWAY GOLF SALES COMPANY 1,758.10 418511 01/13/2022 FLORIDA POWER AND LIGHT 85,400.73 418512 01/13/2022 FLORIDA POWER AND LIGHT 29,379.72 418513 01/13/2022 TAYLOR MADE GOLF CO INC 2,894.34 418514 01/13/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 5,901.75 418515 01/13/2022 TREASURE COAST SPORTS COMMISSION INC 996.49 418516 01/13/2022 FLORIDA STATE GOLF ASSOCIATION 1,184.00 418517 01/13/2022 PITNEY BOWES INC 201.00 418518 01/13/2022 CHILDRENS HOME SOCIETY OF FL 932.68 418519 01/13/2022 MASTER METER INC 5,080.00 418520 01/13/2022 SYMBIONT SERVICE CORP 1,735.00 418521 01/13/2022 AMERICAN SOCIETY OF COMPOSERS 780.00 418522 01/13/2022 TRANE US INC 12,527.00 418523 01/13/2022 HULETT ENVIRONMENTAL SERVICES 672.00 418524 01/13/2022 CINTAS CORPORATION NO 2 316.68 418525 01/13/2022 CINTAS CORPORATION NO 2 211.48 418526 01/13/2022 CONTROL SYSTEMS DESIGN INC 405.00 418527 01/13/2022 SOUTHERN JANITOR SUPPLY INC 1,158.76 418528 01/13/2022 JOHNS EASTERN COMPANY INC 57,963.75 418529 01/13/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 418530 01/13/2022 GLOVER OIL COMPANY INC 23,324.16 418531 01/13/2022 ORCHID ISLAND PROPERTY MGMT II INC 4,710.00 418532 01/13/2022 ORCHID ISLAND PROPERTY MGMT II INC 2,792.02 418533 01/13/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,240.47 418534 01/13/2022 FISHER & PHILLIPS LLP 442.50 418535 01/13/2022 PETER J CASSARA 7,185.00 418536 01/13/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 500.00 418537 01/13/2022 AFFORDABLE WATER & COFFEE SVC 49.00 418538 01/13/2022 MARINCO BIOASSAY LABORATORY INC 4,970.00 41 TRANS NBR DATE VENDOR AMOUNT 418539 01/13/2022 KWACKS INC 2,548.00 418540 01/13/2022 NICOLACE MARKETING INC 1,335.00 418541 01/13/2022 WINSUPPLY OF VERO BEACH 574.17 418542 01/13/2022 RANGE SERVANT AMERICA INC 16,047.76 418543 01/13/2022 BRENNTAG MID-SOUTH INC 6,738.61 418544 01/13/2022 OVERDRIVE INC 535.62 418545 01/13/2022 BERMUDA SANDS APPAREL LLC 283.00 418546 01/13/2022 XYLEM WATER SOLUTION USA INC 38,458.88 418547 01/13/2022 EASY PICKER GOLF PRODUCTS INC 220.01 418548 01/13/2022 BURNETT LIME CO INC 9,980.56 418549 01/13/2022 PENGUIN RANDOM HOUSE LLC 67.50 418550 01/13/2022 SOUTHERN MANAGEMENT LLC 4,295.52 418551 01/13/2022 TRINOVA-FLORIDA INC 1,833.96 418552 01/13/2022 COBRA GOLF INCORPORATED 177.90 418553 01/13/2022 MICHAEL EDWARD HAMILTON 600.00 418554 01/13/2022 SYLIVIA MILLER 1,445.00 418555 01/13/2022 CATHEDRAL CORPORATION 2,082.23 418556 01/13/2022 UNIFIRST CORPORATION 2,043.14 418557 01/13/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 170.76 418558 01/13/2022 GOTTA GO GREEN ENTERPISES INC 63.68 418559 01/13/2022 HYDROMAX USA LLC 7,709.00 418560 01/13/2022 AWC INC 279.81 418561 01/13/2022 CROSSOVER MISSION 7,083.00 418562 01/13/2022 WEST FLORIDA MAINTENANCE INC 19,910.00 418563 01/13/2022 EASTERN PIPELINE CONSTRUCTION INC 2,500.00 418564 01/13/2022 CDW LLC 789.34 418565 01/13/2022 MATHESON TRI-GAS INC 5,093.40 418566 01/13/2022 COLE AUTO SUPPLY INC 2,683.18 418567 01/13/2022 FLORIDA BULB & BALLAST INC 85.00 418568 01/13/2022 NESTLE WATERS NORTH AMERICA 2.40 418569 01/13/2022 ENVIRONMENTAL OPERATING SOLUTION INC 17,763.90 418570 01/13/2022 CORE & MAIN LP 14,353.79 418571 01/13/2022 WOERNER AGRIBUSINESS LLC 140.00 418572 01/13/2022 TYKES & TEENS INC 6,816.67 418573 01/13/2022 OCCIDENTAL FIRE & CASUALTY OF N CAROLINA 9,640.00 418574 01/13/2022 LAURAYONKERS 165.00 418575 01/13/2022 VISTA OUTDOOR SALES LLC 1,228.18 418576 01/13/2022 HINTERLAND GROUP INC 77,616.00 418577 01/13/2022 AMAZON CAPITAL SERVICES INC 1,548.74 418578 01/13/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 418579 01/13/2022 CALITEN LLC 44.30 418580 01/13/2022 PACE ANALYTICAL SERVICES LLC 9,572.50 418581 01/13/2022 AMERIGAS PROPANE LP 18,780.09 418582 01/13/2022 JORDAN POWER EQUIPMENT CORP 50.97 418583 01/13/2022 LIBERTY TIRE RECYCLING LLC 6,418.20 418584 01/13/2022 MULLINAX FORD OF VERO BEACH 638.83 418585 01/13/2022 JUDITH A BURLEY 135.50 418586 01/13/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 560.24 418587 01/13/2022 BLUE GOOSE CONSTRUCTION LLC 249.74 418588 01/13/2022 STAPLES INC 461.01 418589 01/13/2022 LOWES COMPANIES INC 3,555.55 418590 01/13/2022 SMI TRADING LLC 22.36 418591 01/13/2022 NURSERYMENS SURE GRO CORP 198.85 418592 01/13/2022 DEX IMAGING LLC 25.00 418593 01/13/2022 CARLON INC 831.40 418594 01/13/2022 BRITTON INDUSTRIES INC 463.78 418595 01/13/2022 ELECTRONIC SECURITY & TECHNOLOGY INC 119.94 418596 01/13/2022 HIREQUEST LLC 5,215.20 418597 01/13/2022 A TEAM OF THE TREASURE COAST INC 1,748.00 418598 01/13/2022 CER SIGNATURE CLEANING LLC 1,500.00 42 TRANS NBR DATE VENDOR AMOUNT 418599 01/13/2022 GARDNER BIST BOWDEN BUSH DEE LAVIA 270.00 418600 01/13/2022 MAGELLAN ADVISORS LLC 14,900.00 418601 01/13/2022 SHAMROCK ENVIRONMENTAL CORPORATION 10,753.26 418602 01/13/2022 GOMEZ BROTHERS CONTRACT SERVICES 270.00 418603 01/13/2022 MR RESTORE SERVICES INC 812.47 418604 01/13/2022 SHRIEVE CHEMICAL CO LLC 5,700.51 418605 01/13/2022 BTAC HOLDING CORP 5,022.81 418606 01/13/2022 FS.COM INC 175.00 418607 01/13/2022 SEVEN ISLES CAPITAL 3,016.00 418608 01/13/2022 FLORIDA ANIMAL CONTROL ASSOC INC 250.00 418609 01/13/2022 HOLIDAY INN 192.00 418610 01/13/2022 BRE-CLEARWATER OWNER LLC 745.00 418611 01/13/2022 BRE-CLEARWATER OWNER LLC 745.00 418612 01/13/2022 BRE-CLEARWATER OWNER LLC 745.00 418613 01/13/2022 JASON E BROWN 110.00 418614 01/13/2022 FLORIDA EMERGENCY PREPAREDNESS 300.00 418615 01/13/2022 FLORIDA EMERGENCY PREPAREDNESS 300.00 418616 01/13/2022 FLORIDA EMERGENCY PREPAREDNESS 300.00 418617 01/13/2022 HAMPTON INN 155.99 418618 01/13/2022 SCOTT MCADAM 30.00 418619 01/13/2022 PETER OBRYAN 14.86 418620 01/13/2022 STEPHEN GREER 24.00 418621 01/13/2022 DYLAN REINGOLD 288.54 418622 01/13/2022 A & SW CONSULTANTS INC 475.00 418623 01/13/2022 SHEILA O'SULLIVAN 14.42 418624 01/13/2022 1-4 PROPERTIES 131.96 418625 01/13/2022 1-4 PROPERTIES 280.67 418626 01/13/2022 INTERNATIONAL ASSOCIATION OF PLUMBING 800.00 418627 01/13/2022 CYNTHIA STANTON 109.66 Grand Total: 1,230,487.99 43 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019146 01/07/2022 AT&T CORP 981.20 1019147 01/07/2022 AT&T CORP 5.29 1019148 01/07/2022 OFFICE DEPOT INC 337.32 1019149 01/07/2022 COMCAST 482.05 1019150 01/07/2022 WASTE MANAGEMENT INC OF FLORIDA 753.83 1019151 01/12/2022 INDIAN RIVER OXYGEN INC 1,762.28 1019152 01/12/2022 GALLS LLC 1,999.33 1019153 01/12/2022 IRRIGATION CONSULTANTS UNLIMITED INC 243.50 1019154 01/12/2022 FIRST HOSPITAL LABORATORIES INC 245.00 1019155 01/12/2022 RECHTIEN INTERNATIONAL TRUCKS 494.87 1019156 01/12/2022 STAT MEDICAL DISPOSAL INC 200.00 1019157 01/13/2022 INDIAN RIVER BATTERY 441.35 1019158 01/13/2022 MIKES GARAGE & WRECKER SERVICE INC 115.00 1019159 01/13/2022 IRRIGATION CONSULTANTS UNLIMITED INC 176.40 1019160 01/13/2022 GROVE WELDERS INC 149.95 1019161 01/13/2022 SOUTHERN COMPUTER WAREHOUSE INC 17,373.20 1019162 01/13/2022 WIGINTON CORPORATION 828.11 1019163 01/13/2022 FIRST HOSPITAL LABORATORIES INC 557.00 1019164 01/13/2022 TOTAL TRUCK PARTS INC 284.22 1019165 01/13/2022 OFFICE DEPOT INC 118.97 1019166 01/13/2022 RECHTIEN INTERNATIONAL TRUCKS 3,389.72 1019167 01/13/2022 WACO FILTERS CORPORATION 26,883.60 1019168 01/13/2022 AUTO PARTNERS LLC 240.90 1019169 01/13/2022 L&L DISTRIBUTORS 166.59 1019170 01/13/2022 HYDRA SERVICE (S) INC 1,617.99 1019171 01/13/2022 GUARDIAN ALARM OF FLORIDA LLC 386.25 1019172 01/13/2022 NEXAIR LLC 53.67 1019173 01/13/2022 EFE INC 1,316.32 1019174 01/13/2022 OFFICE DEPOT INC 786.58 1019175 01/13/2022 COMCAST 171.85 1019176 01/13/2022 WASTE MANAGEMENT INC OF FLORIDA 4,413.61 Grand Total: 66,975.95 44 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9226 01/07/2022 IRS -PAYROLL TAXES 104.48 9227 01/07/2022 HIGH 4ARK STOP LOSS 106,813.70 9228 01/07/2022 IRC FIRE FIGHTERS ASSOC 9,949.76 9229 01/07/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 80,884.91 9230 01/07/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 12,374.99 9231 01/07/2022 LULICH & ATTORNEYS PA 10,000.00 9232 01/10/2022 IRS -PAYROLL TAXES 580,279.59 9233 01/10/2022 FL SDU 3,967.85 9234 01/10/2022 RX BENEFITS INC 2,865.24 9235 01/10/2022 CER SIGNATURE CLEANING LLC 12,852.00 9236 01/10/2022 APTIM CORP 12,396.34 9237 01/11/2022 IRS -PAYROLL TAXES 507.64 9238 01/11/2022 KIMLEY HORN & ASSOC INC 10,903.75 9239 01/11/2022 IRC CHAMBER OF COMMERCE 12,276.82 9240 01/11/2022 IRC CHAMBER OF COM AERCE 51,131.72 9241 01/11/2022 BENEFLEX INC 845.00 9242 01/12/2022 INDIAN RIVER COUNTY SHERIFF 52,353.39 9243 01/13/2022 FLORIDA DEPARTMENT OF REVENUE 2,090.35 9244 01/13/2022 FLORIDA DEPARTMENT OF REVENUE 1,198.18 9245 01/13/2022 FLORIDA DEPARTMENT OF REVENUE 28,219.55 9246 01/13/2022 FLORIDA DEPARTMENT OF REVENUE 3,202.68 Grand Total: 995,217.94 45 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2r Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 20, 2022 v G MPTR0 v h � 'x Al c RypfR coUNt{ SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 14, 2022 to January 20, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 14, 2022 to January 20, 2022. 46 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 418628 01/20/2022 SSES INC 194.00 418629 01/20/2022 RANGER CONSTRUCTION IND INC 666.49 418630 01/20/2022 RICOH USA INC 103.00 418631 01/20/2022 SAFETY PRODUCTS INC 2,610.27 418632 01/20/2022 PARALEE COMPANY INC 6,393.26 418633 01/20/2022 GRAINGER 150.83 418634 01/20/2022 HACH CO 1,526.91 418635 01/20/2022 LFI FORT PIERCE INC 1,169.03 418636 01/20/2022 DELL MARKETING LP 1,550.00 418637 01/20/2022 BARNEYS PUMP INC 17,987.00 418638 01/20/2022 MIDWEST TAPE LLC 1,987.66 418639 01/20/2022 ODYSSEY MANUFACTURING CO 13,373.92 418640 01/20/2022 HUDSON PUMP & EQUIPMENT 7,787.00 418641 01/20/2022 K & M ELECTRIC SUPPLY 33.63 418642 01/20/2022 CITY OF VERO BEACH 4,140.47 418643 01/20/2022 JANITORIAL DEPOT OF AMERICA INC 295.32 418644 01/20/2022 TREASURE COAST HOMELESS SERVICES 3,817.50 418645 01/20/2022 WEST PUBLISHING CORPORATION 196.43 418646 01/20/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 75.66 418647 01/20/2022 TYLER TECHNOLOGIES INC 700.00 418648 01/20/2022 FAMOSO INC 930.38 418649 01/20/2022 CITY OF SEBASTIAN 26,983.26 418650 01/20/2022 FLORIDA POWER AND LIGHT 68,289.24 418651 01/20/2022 FLORIDA POWER AND LIGHT 5,563.54 418652 01/20/2022 PEACE RIVER ELECTRIC COOP INC 241.15 418653 01/20/2022 COMPLETE ELECTRIC INC 1,490.00 418654 01/20/2022 CARTER & VERPLANCK INC 17,980.00 418655 01/20/2022 INDIAN RIVER FARMS WATER CNTRL DIST 250.00 418656 01/20/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 19.80 418657 01/20/2022 FLORIDA DEPT OF FINANCIAL SERVICES 8,446.09 418658 01/20/2022 ELXSI INC 643.41 418659 01/20/2022 CAROLINA SOFTWARE INC 500.00 418660 01/20/2022 ST LUCIE COUNTY BOCC 681.30 418661 01/20/2022 TRANE US INC 68,052.00 418662 01/20/2022 HULETT ENVIRONMENTAL SERVICES 111.00 418663 01/20/2022 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 418664 01/20/2022 ELECTRONIC ACCESS SPECIALIST 250.71 418665 01/20/2022 SYNAGRO-WWT INC 134,478.37 418666 01/20/2022 FLORIDA RURAL LEGAL SERVICES INC 2,707.23 418667 01/20/2022 ARDAMAN & ASSOCIATES INC 845.50 418668 01/20/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 138.35 418669 01/20/2022 SUNBELT RENTALS INC 90.88 418670 01/20/2022 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 120.00 418671 01/20/2022 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 165.00 418672 01/20/2022 CEMEX INC 1,436.15 418673 01/20/2022 PETER J CASSARA 3,635.00 418674 01/20/2022 NICOLACE MARKETING INC 2,260.00 418675 01/20/2022 TREASURE COAST SWIMMING LLC 2,000.00 418676 01/20/2022 FLORIDA ARMATURE WORKS INC 3,912.82 418677 01/20/2022 OVERDRIVE INC 2,877.97 418678 01/20/2022 XYLEM WATER SOLUTION USA INC 4,468.50 418679 01/20/2022 SUN GRAPHIC TECHNOLOGIES INC 661.83 418680 01/20/2022 GFA INTERNATIONAL INC 22,500.00 418681 01/20/2022 GAUDET ASSOCIATES INC 805.38 418682 01/20/2022 GAUDET ASSOCIATES INC 2,100.00 418683 01/20/2022 BURNETT LIME CO INC 3,324.42 418684 01/20/2022 SAMBA HOLDINGS INC 1,588.09 418685 01/20/2022 KESSLER CONSULTING INC 29,465.01 47 TRANS NBR DATE VENDOR AMOUNT 418686 01/20/2022 TRINOVA -FLORIDA INC 15,263.54 418687 01/20/2022 MICHAEL EDWARD HAMILTON 300.00 418688 01/20/2022 HAWKINS INC 402.50 418689 01/20/2022 UNIFIRST CORPORATION 1,267.62 418690 01/20/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,044.40 418691 01/20/2022 MATHESON TRI -GAS INC 15,100.80 418692 01/20/2022 COLE AUTO SUPPLY INC 303.24 418693 01/20/2022 RHOADES AIR & HEAT 676.70 418694 01/20/2022 KONICA MINOLTA BUSINESS SOLUTIONS 276.35 418695 01/20/2022 CALVIN GIORDANO & ASSOCIATES INC 16,320.00 418696 01/20/2022 JD POWER 179.00 418697 01/20/2022 CORE & MAIN LP 38,960.20 418698 01/20/2022 JOE PAYNE INC 12,459.20 418699 01/20/2022 WARREN W CATERSON 200.00 418700 01/20/2022 WOERNER AGRIBUSINESS LLC 300.00 418701 01/20/2022 ABISCOM INC 1,608.16 418702 01/20/2022 AMAZON CAPITAL SERVICES INC 1,154.61 418703 01/20/2022 NI CRITICAL TECHNOLOGIES INC 2,633.10 418704 01/20/2022 TREASURE COAST PLUMBING LLC 350.00 418705 01/20/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 17,790.00 418706 01/20/2022 EFE INC 493.99 418707 01/20/2022 PACE ANALYTICAL SERVICES LLC 216.00 418708 01/20/2022 JORDAN POWER EQUIPMENT CORP 510.45 418709 01/20/2022 ALL SUNCOAST ELECTRIC INC 18,222.86 418710 01/20/2022 CK CONTRACTORS & DEVELOPMENT LLC 5,526.40 418711 01/20/2022 LIBERTY TIRE RECYCLING LLC 8,809.60 418712 01/20/2022 KRONOS SAASHR INC 117.81 418713 01/20/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 418714 01/20/2022 MT CAUSLEY LLC 25,762.00 418715 01/20/2022 FERGUSON US HOLDINGS INC 20,528.10 418716 01/20/2022 STAPLES INC 63.39 418717 01/20/2022 LOWES COMPANIES INC 3,392.13 418718 01/20/2022 SMI TRADING LLC 809.90 418719 01/20/2022 KELE INC 164.04 418720 01/20/2022 ROBERT SCARBOROUGH WELLS LLC 1,708.18 418721 01/20/2022 BRITTON INDUSTRIES INC 2,043.72 418722 01/20/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 12,802.68 418723 01/20/2022 TRAILHEAD LABS INC 1,250.00 418724 01/20/2022 HIREQUEST LLC 1,905.48 418725 01/20/2022 A TEAM OF THE TREASURE COAST INC 860.00 418726 01/20/2022 S2K CONSULTING INC 3,546.14 418727 01/20/2022 SHAMROCK ENVIRONMENTAL CORPORATION 23,307.90 418728 01/20/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,651.52 418729 01/20/2022 M R & SONS INC 178.32 418730 01/20/2022 SHRIEVE CHEMICAL CO LLC 17,548.86 418731 01/20/2022 BTAC HOLDING CORP 5,143.33 418732 01/20/2022 SEVEN ISLES CAPITAL 1,350.00 418733 01/20/2022 RICOH USA INC 43.01 418734 01/20/2022 AT&T WIRELESS 150.44 418735 01/20/2022 AT&T WIRELESS 152.92 418736 01/20/2022 AT&T WIRELESS 969.90 418737 01/20/2022 AT&T WIRELESS 972.24 418738 01/20/2022 AT&T WIRELESS 1,048.57 418739 01/20/2022 EDLUND DRITENBAS BINKLEYARCHITECTS 2,008.21 418740 01/20/2022 PRIZE POSSESSIONS 842.32 418741 01/20/2022 CLERK OF CIRCUIT COURT 263.90 418742 01/20/2022 INDIAN RIVER COUNTY HEALTH DEPT 23,349.15 418743 01/20/2022 AT&T CORP 1,273.52 418744 01/20/2022 FLORIDA FISH & WILDLIFE 4,921.38 418745 01/20/2022 INTERNATIONAL GOLF MAINTENANCE INC 990.00 48 TRANS NBR DATE VENDOR AMOUNT 418746 01/20/2022 FLORIDA POWER AND LIGHT 2,212.71 418747 01/20/2022 MELECH BERMAN 103.61 418748 01/20/2022 ARCADIS U S INC 25,000.23 418749 01/20/2022 CELICO PARTNERSHIP 1,046.03 418750 01/20/2022 SMITH SERVICES INC 45.00 418751 01/20/2022 MBV ENGINEERING INC 19,622.50 418752 01/20/2022 ETR LLC 194.69 418753 01/20/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 625.00 418754 01/20/2022 WINSUPPLY OF VERO BEACH 88.28 418755 01/20/2022 ATLANTIC ROOFING II OF VERO BEACH INC 319,246.55 418756 01/20/2022 KERNS CONSTRUCTION & PROPERTY 55,762.83 418757 01/20/2022 COLE AUTO SUPPLY INC 3.10 418758 01/20/2022 COMCAST HOLDINGS CORPORATION 643.45 418759 01/20/2022 GRBK GHO HOMES LLC 29,191.68 418760 01/20/2022 GATEWAY SERVICES USA LLC 12.00 418761 01/20/2022 LOWES COMPANIES INC 82.18 418762 01/20/2022 GOLOSA LLC 10,000.00 418763 01/20/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 3,880.00 418764 01/20/2022 JARROLD SELDES 100.00 418765 01/20/2022 DOLORES SCHACHT 30.21 418766 01/20/2022 WILLIAM LEMKE 148.52 418767 01/20/2022 AY JALISCO II INC 10,000.00 418768 01/20/2022 AY JALISCO INC 10,000.00 418769 01/20/2022 UTIL REFUNDS 2.00 418770 01/20/2022 UTIL REFUNDS 41.11 418771 01/20/2022 UTIL REFUNDS 92.14 418772 01/20/2022 UTIL REFUNDS 3.26 418773 01/20/2022 UTIL REFUNDS 38.23 418774 01/20/2022 UTIL REFUNDS 42.31 418775 01/20/2022 UTIL REFUNDS 27.80 418776 01/20/2022 UTIL REFUNDS 8.30 418777 01/20/2022 UTIL REFUNDS 35.83 418778 01/20/2022 UTII, REFUNDS 70.09 418779 01/20/2022 UTIL REFUNDS 37.93 418780 01/20/2022 UTIL REFUNDS 11.85 418781 01/20/2022 UTIL REFUNDS 57.84 418782 01/20/2022 UTIL REFUNDS 39.59 418783 01/20/2022 UTIL REFUNDS 86.83 418784 01/20/2022 UTIL REFUNDS 60.90 418785 01/20/2022 UTIL REFUNDS 77.96 418786 01/20/2022 UTIL REFUNDS 86.05 418787 01/20/2022 UTIL REFUNDS 90.63 418788 01/20/2022 UTIL REFUNDS 2.74 418789 01/20/2022 UTIL REFUNDS 61.13 418790 01/20/2022 UTIL REFUNDS 33.70 418791 01/20/2022 UTIL REFUNDS 11.68 418792 01/20/2022 UTIL REFUNDS 74.71 418793 01/20/2022 UTIL REFUNDS 9.39 418794 01/20/2022 UTIL REFUNDS 59.23 418795 01/20/2022 UTIL REFUNDS 16.44 418796 01/20/2022 UTIL REFUNDS 41.67 418797 01/20/2022 UTIL REFUNDS 144.36 418798 01/20/2022 UTIL REFUNDS 62.67 418799 01/20/2022 UTIL REFUNDS 39.76 418800 01/20/2022 UTIL REFUNDS 118.41 418801 01/20/2022 UTIL REFUNDS 24.57 418802 01/20/2022 UTIL REFUNDS 47.73 418803 01/20/2022 UTIL REFUNDS 29.79 418804 01/20/2022 UTIL REFUNDS 40.92 418805 01/20/2022 UTIL REFUNDS 16.25 49 TRANS NBR DATE VENDOR AMOUNT 418806 01/20/2022 UTIL REFUNDS 27.32 418807 01/20/2022 UTIL REFUNDS 78.41 418808 01/20/2022 UTIL REFUNDS 22.27 418809 01/20/2022 UTIL REFUNDS 46.65 418810 01/20/2022 UTIL REFUNDS 80.68 418811 01/20/2022 UTIL REFUNDS 85.37 418812 01/20/2022 UTIL REFUNDS 46.15 418813 01/20/2022 UTIL REFUNDS 4.23 418814 01/20/2022 UTI, REFUNDS 62.48 418815 01/20/2022 UTIL REFUNDS 5.23 418816 01/20/2022 UTIL REFUNDS 21.14 418817 01/20/2022 UTIL REFUNDS 51.11 418818 01/20/2022 CITRUS COUNTY ANIMAL SERVICES 250.00 Grand Total: 1,343,482.72 50 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR 901683 01/18/2022 GRACES LANDING LTD 901684 01/18/2022 PRISON REHABILITATIVE IND & DIV ENT INC 901685 01/18/2022 CANON FINANCIAL SERVICES INC 901686 01/18/2022 MCLAUGHLIN PROPERTIES LLC 901687 01/18/2022 STREIT RIVER PARK PLACE LLC Grand Total: AMOUNT 540.00 29.95 48.50 984.00 58.00 1,660.45 51 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019177 01/19/2022 STRYKER SALES CORP 4,212.00 1019178 01/20/2022 PARKS RENTAL & SALES INC 566.50 1019179 01/20/2022 INDIAN RIVER BATTERY 151.45 1019180 01/20/2022 IRRIGATION CONSULTANTS UNLIMITED INC 464.57 1019181 01/20/2022 WIGINTON CORPORATION 594.00 1019182 01/20/2022 SPINNAKER VERO INC 58.24 1019183 01/20/2022 STAT MEDICAL DISPOSAL INC 600.00 1019184 01/20/2022 HYDRA SERVICE (S) INC 85,408.53 1019185 01/20/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1019186 01/20/2022 GUARDIAN ALARM OF FLORIDA LLC 179.85 1019187 01/20/2022 GUARDIAN ALARM OF FLORIDA LLC 2,612.75 1019188 01/20/2022 NEY-AIR LLC 67.34 1019189 01/20/2022 EFE INC 82.99 1019190 01/20/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 130.36 1019191 01/20/2022 OFFICE DEPOT INC 1,846.03 1019192 01/20/2022 WASTE MANAGEMENT INC OF FLORIDA 136.58 Grand Total: 97,196.19 52 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9247 01/14/2022 CITY OF SEBASTIAN 26,983.26 9248 01/18/2022 IRS -PAYROLL TAXES 4,858.69 9249 01/18/2022 FLORIDA DEPARTMENT OF BUSINESS AND 28,889.43 9250 01/18/2022 WRIGHT EXPRESS FSC 28,446.62 9251 01/19/2022 SCHOOL DISTRICT OF I R COUNTY 134,534.00 9252 01/19/2022 CLERK OF CIRCUIT COURT 12,923.00 9253 01/19/2022 CLERK OF CIRCUIT COURT 2,734.88 9254 01/19/2022 GUETTLER BROTHERS CONSTRUCTION LLC 2,823,403.04 9255 01/19/2022 CDM SMITH INC 16,935.10 9256 01/20/2022 VETERANS COUNCIL OF I R C 4,626.44 9257 01/20/2022 KIMLEY HORN & ASSOC INC 39,437.75 Grand Total: 3,123,772.21 53 4n INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 24, 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: Phase II Agreement with Sun Patrick Architecture, DBA: sparcdesign for Sandridge Clubhouse Architectural Design (RFQ 2021020) BACKGROUND: On September 14, 2021, the Board approved an agreement for the Master Planning Phase of architectural design services with Sun Patrick Architecture, DBA: sparcdesign ("sparcdesign"), for the expansion of current clubhouse facilities at Sandridge Golf Club. The intent of the project is to design a new facility, which will provide the existing amenities, and include event space and a commercial grade kitchen. The master planning phase of the work is nearly complete, and staff and sparcdesign have prepared the promised Phase II agreement for the Board's consideration. ANALYSIS: Work and expenditures completed to date includes: Master Planning Phase Description Not to Exceed Cost Phase I - Services Kick off Design Charette $2,000.00 Phase ILi —Services Programming $2,000.00 Phase Il.ii —Services Master Plan solutions $15,000.00 Phase III —Services Schedule and Budget Verification $1,000.00 Phase IV —Services Presentation/Conceptual plans $5,000.00 Phase V — Services Formal presentation of conceptual plan, if added at request of County (billed at hourly rates) N/A Total $25,000.00 Reimbursable Mileage Expenses $446.60 Total cost of Master Planning Phase $25,446.60 As developed with staff, the proposed master plan includes a new 18,000 square -foot (approximate) facility to replace the existing building, which was constructed in 1992. A new turn 54 service building with restrooms and snack service is also planned. Master plan sketches are attached. The architect is ready to begin on the second phase of the project to include design development, construction documents, bidding assistance and construction administration. The breakout of the costs for Phase II are shown below. Portion of Work Consultant Cost Architectural/Engineering sparcdesign $416,200 Landscape Architecture Lucido & Associates $49,500 Civil Engineering Masteller & Moler, Inc. $111,950 Interior Design Peacock + Lewis Interiors $62,000 (excludes furnishings and artwork) Kitchen Design Cheney Brothers $21,450 Total Phase II Cost $661,100.00 Total Design Cost $686,546.60 FUNDING: The total design cost for Phase II of the project is $661,100.00. Funding for the project will be made available in the Sandridge Clubhouse Renovation account (418-169000-21018). RECOMMENDATION: Staff recommends the Board approve the Phase II Agreement for Professional Services, and authorize the Chairman to sign after approval by the County attorney as to form and legal sufficiency. Attachments: Master Plan Sketches Phase II Agreement for Professional Services 55 y CZ Z Q MC) 0 W LL (!) 2— w in L Q tv N ¢ z z = W Q y ¢ O z ¢ a z_ w ¢ r Y z a ¢ ¢ U U a (7 Z U W LL U U' K O r a F U O a r LL a Z a z o r m (7 = O O? U x LL z W C 6 (7 C a r C r z r m p a >O > W W O z ¢ U y Q a ¢¢ r a U 7 p z p3. O z r U a a w z} Z N O w f9 K p o a 0 U a z z m¢¢ m ,¢ O U> a C7 0 c 5 Z z p o Z U r O w C r �' w c¢i N¢ r- r Z m 0 cf LL. r w LL >¢ m I m U¢ a 0 o r r Z N¢ N K O Z a w r Z W p C r C O N w> z 0 ¢ 2 p 0 W d z o w r K x x¢ � x x x W>m w> 0¢ x¢¢ w > W a C N p W N m a� W W W~= W d w W U S N p U r d F y CZ Z Q MC) 0 W LL (!) 2— w in CL 9 ti V of z w � x U O W 7 0 Z U Z O w Q W W O U N S W U W d' Z U O O C7 O O O LL m O a U 0 W> a U Z N N O Z O o. O O x 0=} w p 0 > w Z Z K- U O p 2' p J U' < W U W U x W Z W w U W W LL. Z} N> m w N N J U O W H U W p< LL O x p W N ZZ J< o> W W 0 0 2 0 K J W W W< J p U U a Q z U < m 0 a w w a x- n Y -i m z 0 a 0 w 0 kn rz Z-1 m � N U > � O w Q U uJ 0 co O N O 14 AGREEMENT FOR PROFESSIONAL SERVICES for Phase II Sandridge Clubhouse Architectural Design Services — RFQ 2021020 THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 18th day of January, 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27"' Street, Vero Beach FL 32960 ("COUNTY"), and SUN PATRICK ARCHITECTURE, INC, DBA sparcdesign ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited, evaluated and developed ranking of firms to provide Sandridge Clubhouse Architectural Design Services ("Project"), based on statement of qualifications received in response to Request for Qualifications 20121020. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Phase 11 Sandridge Clubhouse Architectural Design Services ("Services") as more fully set forth in the Proposal for Phase II Services, attached as "Exhibit A" to this Agreement and made a part hereof by reference. C. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully setforth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 All professional services provided by the Consultant for the COUNTY shall be as identified in Exhibit A. The parties agree that the not to exceed services rates in Section III. Payment and Compensation of Exhibit A are the basis to be used for billing purposes and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable architectural design standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 61 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more County Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 62 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. .2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project in a timely manner and within a mutually agreed upon schedule, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the project as necessary to complete the agreed upon scope of services. 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, 63 in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the review of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.10 All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the COUNTY during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product, based on the Scope of Services Defined in Exhibit A, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. However, the Consultant is permitted to retain sub -consultants to perform work under this Agreement. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the professional subconsultant firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are 64 related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.15 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4. TERM: TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in Exhibit A. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon maximum amount not -to -exceed professional fee for each phase, to be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel within the State of Florida, except for standard government mileage rates for the Architect's employees and consultants, associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 65 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a written amendment to this Agreement. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on commercial general liability policy. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" 66 basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY shall be obligated to pay the Consultant for those portions of completed work previously authorized under this Agreement. Such payment shall be determined on the basis of the percentage of work performed by the Consultant, up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 67 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits an intended false invoice to the COUNTY. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 8.8.1 COUNTY may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.8.2 COUNTY may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not herebywaive anyother right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time- to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. M: 10. MISCELLANOUS PROVISIONS, 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The prevailing party in any lawsuit arising out of or related to this Agreement shall be entitled to recover its reasonable attorney's fees and costs, including fees and costs through appeal. The parties expressly and voluntarily waive any and all rights to trial by jury in connection with any litigation arising out of or related to this Agreement. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 69 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. COUNTY is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 10.8.1 Keep and maintain public records required by the COUNTY to perform the service. 10.8.2 Upon request from the COUNTY's Custodian of Public Records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 10.8.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the COUNTY. 10.8.4 Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Consultant or keep and maintain public records required by the COUNTY to perform the service. If the Consultant transfers all public records to the COUNTY upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the COUNTY. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 12ublicrecords(@ircoov.com Indian River County Office of the County Attorney 1801 27' Street 70 Vero Beach, FL 32960 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Bela Nagy, Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 Email: bnagy(a)_ircgov.com Consultant: Sun Patrick Architecture, Inc. DBA, sparcdesign Attn: Sean Patrick Sukhu 3021 Jupiter Park Circle Suite 102 Jupiter, FL 33458 Email: sean(a)sparcdesign.us 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's- length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 71 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. INDIAN RIVER COUNTY Sun Patrick Architecture, Inc. BOARD OF COUNTY COMMISSIONERS By Peter D. O'Bryan, Chairman Date Approved by BCC: Date Witness: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: 72 Exhibit A — Proposal for Phase II Services 13 73 January 24, 2022 The Owner: Bela Nagy, Director of Golf, PGA c/o Indian River County Purchasing Division 1800 27th Street Vero Beach, Florida 32960 The Architect: Sun Patrick Architecture, Inc. DBA: sparcdesign 3021 Jupiter Park Circle, Suite 102 Jupiter, FL 33458 RE: Sandridge Golf Club New Clubhouse sparcdesign project 2021.158 Dear Mr. Nagy, Thank you for the opportunity to submit a proposal to provide Masterplan and Schematic Design Through Construction Administration Services for the proposed new clubhouse at Sandridge Golf Club in Vero Beach, FL. We have included an Estimated Master Schedule for the project design/engineering phases (Exhibit A). Project Description: Clubhouse: The existing clubhouse will be used as a temporary facility while the new clubhouse is under construction. After completion of the new golf clubhouse the existing clubhouse will be demolished. The existing clubhouse site will be utilized in the new site plan design. A 1 -story 18,000 sf building is planned. The proposed building will be located adjacent to the existing golf clubhouse. The view of the golf course will be a consideration in siting the building. The building will include administration offices, golf pro shop, restaurant w/ a commercial kitchen, locker rooms, banquet hall and indoor/outdoor event space. Golf operations including the cart barn and cart staging area will remain in their existing buildings/locations. A small food & beverage and restroom "Turn" building is planned in-between the 9's for the Lakes and Dunes Courses. Site: The existing parking lot will be expanded to accommodate additional paved parking spaces and identify overflow areas for larger events. A new covered drop off to the events building is planned. Golf operations, including bag drop and cart staging will be enhanced in their existing locations. Back of house deliveries and trash pickup will be relocated to a service drive that is isolated from the "front of house" areas and adjacent to the kitchen. --- 74 561.203.7539 www.sparcdesign.us For the purposes of this proposal: Indian River County is the "Client". sparcdesign is the "Architect". The basic services scope of work to be performed by sparcdesign and our consultants based on the above scope of work shall be performed within the terms and conditions as noted in the owner architect agreement, "Agreement for Professional Services for Phase II Sandridge Clubhouse Architectural Design Services - RFQ2021020". The following is proposed as our basic scope of service. Professional and consulting services to be included under this agreement: a. Architectural b. Structural Engineering c. Heating, Ventilating and Air Conditioning (HVAC) Engineering d. Plumbing Engineering e. Electrical Engineering f. Landscape Architecture/Planning g. Civil Engineering h. Interior Design i. Kitchen Design Consulting j. Acoustical Design Consulting Scope of Services: Architectural/Engineering a. Phase I - Masterplan Services i. Master planning 1. Work with the clients committee to conceptualize a new clubhouse design on the existing site, including an updated conceptual site plan, conceptual floor plans and main elevation. The new clubhouse planning will be integrated into the existing pre -design services provide during the RFQ process. The planning includes site evaluation, analysis and selection, traffic studies, programming, conceptual blocking, and adjacency diagrams. The character of the architectural style of the building will be explored during this phase. 2. At the end of the master planning phase sparcdesign will submit a masterplan package to the client for review and comment. b. Phase II Master Plan Implementation - Schematic Design through Construction Administration i. Schematic Design/ site plan approval 1. Work with the Landscape Architect/Civil Engineer and the clients committee to develop a client approved schematic design package, including preliminary floor plans, roof plan and --_ - - _ 75 561.203.7539 wvvw.sparcdesign.us elevations. Provide 2D rendered elevations in order to assist with the site plan approval process. 2. Schematic Design Documents shall be prepared starting with the approved master plan concept. The Schematic Design Documents include preliminary floor plans, elevations, roof plans and diagrammatic building sections. 3. At the end of the Schematic Design phase sparcdesign will submit schematic design drawings to the client for review and comment. ii. Design Development 1. Design Development Documents shall be prepared starting with the approved Schematic Design Documents. The Design Development Documents shall finalize space and function requirements for the project as well as describe the important aspects of the site/building infrastructure. 2. At the end of the design development phase sparcdesign will submit scaled drawings to the client for review and comment. iii. Construction Documents/Permit Drawings 1. Construction documents shall be prepared starting with the approved Design Development Documents. The Construction Documents will graphically show the scope, extent and character of the work to be performed by the contractor, including specifications and related structural, mechanical, electrical, plumbing and engineering plans. The plans will include required drawings for submittal to the building department for permit. 2. Prepare drawings for Architectural and Engineering for the submittal to the county for review. Respond to building department comments, required to obtain building permit. Note: Site plan approval process needs to be complete in order to obtain building permit. c. Bidding and Negotiation i. sparcdesign will submit plans electronically to the owner for the bidding phase. Will respond to request for information during the bidding period. Provide representation at a pre-bid conference. d. Construction Administration i. sparcdesign assumes construction duration of (14) months and includes bi- weekly visits as needed by an architectural representative. ii. sparcdesign will provide responses to construction request for information. iii. sparcdesign will provide review of applications for payment and construction change order requests iv. sparcdesign will provide review of Shop Drawing Submittals. The Shop Drawings shall be submitted in one (1) complete submittal package (by division) utilizing the CSI Specification Divisions. III. Scope of Services: Landscape Architecture/Planning a. Land planning/site plan approval i. Attend site meetings to review and evaluate proposed program improvements ii. Coordinate with design team and Client's committee during conceptual site planning process iii. Prepare conceptual site plan (up to 3 concept plans) 561.203.7539 www.sparcdesign.us iv. Attend meeting with county staff to review concept plan v. Provide one modification to site plan per staff comments received vi. Prepare rendered site plan for presentation purposes vii. Preparation of final site plan for Indian River County submittal/review process viii. Coordination on behalf of professional team during Indian River County site plan review process ix. Attendance at Indian River County Staff meetings, committee meetings, one Planning and Zoning meeting. b. Landscape Architecture i. Drawings from the major site plan approval process will be utilized for the final landscape/hardscape bid documents. IV. Scope of Services: Civil Engineering a. Task A - civil engineering design i. Construction notes, land clearing/utility adjustment plans, soil erosion/sediment control plan, paving/grading/drainage plans, potable water main modifications/service plan, wastewater system plans, sewage lift station plan, construction details, potable water details, wastewater system details. b. Task B -wastewater system design c. Task C - Permit application submittals i. Indian River County Stormwater Permit ii. St. Johns WMD Environmental Resource Permit Modification iii. Indian River Farms WCD Drainage Review approval (If required) iv. Indian River County Utilities Permit v. Indian River County Utility ROW Permit (771h street) vi. Florida DEP Potable Water General Permit vii. Florida DEP Wastewater General Permit viii. Indian River County Site Plan Release d. Task D - Permit Acquisition Responses e. Task E - Meetings V. Scope of Services: Food Service Design a. Predesign and Programming i. Establish project objectives and goals in conjunction with client's operational staff, client's committee, and design team ii. Client information review, to be used for design development iii. Review and become familiar with architectural drawings iv. Review and become familiar with the available space v. Provide conceptual drawings outlining the flow and space relationships for the food service areas vi. Develop block schematic diagrams based on the approved conceptual drawings. drawing to be a scale that appropriately depicts critical design elements. vii. Indicate anticipated exhaust hood, equipment and counter and walk-in cold room locations as appropriate. viii. Site observations and photograph as necessary ix. Menu Analysis b. Concept Design i. Selection of equipment required ii. floor and space planning iii. food service floor plan diagrams iv. preliminary equipment schedules v. coordinate with design team c. Food service design development i. Provide CAD drawings at'/<"=1'-0" Scale for the food service areas depicting individual food service scope of work ii. Refined food service plans 77 561.203.7539 vwvw.sparcdesign.us iii. refined equipment schedules VI. Scope of Services: Interior Design/Arcr.itecture a. Work with the client to establish scope of the project and establish design direction and client goals for the Golf Clubhouse. b. Concept development to include Space Planning, Design Development and color and material selection. Develop Finish Plans, Elevations with color palettes and digital material samples. c. Concept presentation to client, including loose material samples, revised concepts boards based on client's feedback. d. Final concept presentation for final approval. e. Upon final approval will work with Architect to produce construction drawings and specifications as follows. i. Finish plan/specifications 1. Paint selections 2. Finished flooring specifications 3. Tile selections 4. Countertop selections 5. plumbing fixture selections ii. Trim profile selections iii. Interior door profile selections iv. Millwork sections/details v. Kitchen Appliance Coordination with millwork design vi. Restroom millwork design/mirror selection vii. Decorative lighting coordination/specifications viii. interior signage specification/design f. After the construction drawings are complete, sparcdesign will submit plans electronically to the owner for the bidding phase. Will respond to request for information during the bidding period. g. Revisions to the construction document afterthe bidding period will be as an additional service as outline in paragraph IX.e.iii h. During construction, site visits will be billed hourly as requested. i. Reimbursable costs will be billed as noted in paragraph IX.d VII. Scope of Services: Furniture Procurement for Art & Accessories. a. Scope of Services TBD VIII. Scope of Services: Acoustical Consulting (optional scope of work) a. Meet with client and design team to confirm which elements of the architectural program are important to acoistical success. b. Review architectural plans, space descriptions, functional specifications, and other documents to assess acoustical aspects of the design. c. Develop design approaches for the acoustic environment. This shall include room configurations, area, volume and proportions, wall and ceiling shape, and reverberation and sound reflection criteria and will take into consideration for various rooms being studied. d. Review documents required to advance project documentation during each stage of design, specifically providing review comments of the design process related to room acoustics and sound isolation. - ----- -- --- --- -- .. -- - -- -_... - - - 78 561.203.7539 vvww.sparcdesign.us -6 -Page IX. Payment and Compensation a. The owner shall pay the Architect as outlined in paragraph IX.c b. Basic Services as outline in paragraph II,III,IV,V,VI and VII above, as authorized in writing by the client, for the fixed fee listed below, plus reimbursable expenses. Sandridge Golf Club Fee worksheet Project Phases Architectural/Engineering i. ii. iii. iv. v. vi. vi. Phase I Hourly not to exceed Fixed Fee Master Planning $ 25,000.00 Subtotal $ 25,000.00 Phase II Schematic Design $ 55,000.00 Desi n Development $ 73,800.00 Construction Documents $ 184,500.00 Bidding/Negotiations $ 8,200.00 Construction Administration $ 69,700.00 interior architecture $ 25,000.00 Subtotal $ 416,200.00 Landca a Architecture/Planning I. ii. Site Plan Approval Process $ 49,500.00 Fixed Fee Will utilize site plan approval documents for final hardscape/Landscape Bid dors Final hardscape specif.cations/details $ - Subtotal $ 49,500.00 Civil Engineering I. ii. iii. iv. v. Civil Eni neerin Design $ 62,700.00 Fixed Fee Fixed Fee Fixed Fee Hourly not to exceed Hourly not to exceed Wastewaters stem Design $ 13,750.00 $ 5,500.00 $ 22,000.00 Permit Application Submitals Permit Acquisition Response Meetings $ 8,000.00 Subtotal $ 111,950.00 Interior Design I. ii. iii. iii. Design Services $ 32,500.00 Fixed Fee Fixed Fee Fixed Fee TBD (Purchasing on behalf of client shall be provided under a separate contract with Interior Design Consultant) Construction Administration $ 2,500.00 FF&A Design $ 27,000.00 FF&A Procurement $ Subtotal $ 62,000.00 Kitchen Consultant Design Services i.1 Design Services $ 21,450.00 Fixed Fee Subtotal $ 21,450.00 Acoustical Consulting Optional L Desi n Services $ ii. Construction Administration $ Subtotal $ - Fixed Fee (Optional $8,800) Total $ 686,100.00 sparcdesign 3021 Jupiter Park Circle Suite 102 Jupiter Florida 561.203.7539 www.sparcdesign.us c. Method of Payment L Invoicing will be monthly, based upon the percent of service provided plus reimbursable expenses. Payment is due in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 2018.70, Florida Statutes, et seq.). ii. There is no finance charge upon amounts due which are paid within thirty (30) days after an accurate invoice is provided. iii. Unpaid invoices shall bear interest from the date payment is due at 1.5% per month. d. Reimbursable Expenses i. Additional costs and expenses (i.e., large format drawing copies, color prints, courier's/delivery, and travel) will be billed at a multiplier of 1.1 times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the project. e. Additional Services i. The following are not part of Basic Services but can be added to the scope of work for additional services at the client's request. 1. Any services not included in the Scope of Services, Paragraph II,III,IV,V and Vi. 2. Cost estimating 3. Value engineering and implementation into the drawings after 50% construction documents 4. Finish Hardware schedule, sound/AV systems, Telephone, Communication, and security system 5. 3d renderings (estimated cost $2,500/view) 6. Preparation of Record Drawings 7. Geotechnical Engineering 8. Pile Foundation Design 9. Mapping/Surveying 10. Proshop fixture design ii. Additional services hourly rates, Principal $225/hour, Project Manager $185/hour, CAD drafter $90/hour and clerical $65/hour. iii. For consultant additional services, as authorized by the Client, compensation shall be computed hourly as a multiple of 1.1 times the amount billed to the Architect for such services. -- -- ___ 80 -- 561.203.7539 www.sparcdesign.us X. Other Provisions a. PURSUANT TO SECTION 558.0035 FLORIDA STATUES, SUN PATRICK ARCHITECT, INC. IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPLE MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. The owner acknowledges that design and construction projects are prone to changes in the scope of work for a variety of reasons and that a contingency will be budgeted in accordance with the standard of care normally associated with a project of this complexity and location. In order for Owner to obtain a benefit of a fee which is a lesser allowance for funding risk. The Owner agrees to limit the Architect liability arising from professional acts errors and omissions such that the total liability. Authorization to provide the above services: sincerely, fis�� R�� Sean P Sukhu, Partner Owner Signature and date Printed name and title 561.203.7539 www.sparcdesign.us Wn CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 24, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Disposal Authorization BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board approve the items on the Excess List for 020122 Agenda as surplus, and authorize their disposal. ATTACHMENT: Excess List for 020122 U i \ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O > O i--1 r-I w c--I N NLn It N > r-1 S M N Q �- N S O N N N 2 00 00 C) N W tJf lD > r- X N Ln w > d J 00 U (� �- O J OG lD > X 2 U' Ur Ur X> � M N \ 00 a m J i--I c G N m a = i--I Ln Ln LD m L.D m CO (,7 Ln x Z � a Q Ln } O^ >�Ln U W F- X C U U N N N N U 0 N U Ln U V) U m ? 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Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Increase Blanket Purchase Orders BACKGROUND: Blanket Purchase orders are issued at the request of using departments to enable as needed purchases over the course of the fiscal year. The Purchasing Manager may approve purchase orders up to $35,000 (not associated with a bid or contract), and the Administrator is authorized in Section 105.01 of the County Code to approve purchase orders up to $75,000. DISCUSSION: The needs of some departments may exceed the Administrator's approval authority during the course of a fiscal year. Many of these purchases reflect needs that are not easily addressed through the bid process. As additional funds are needed on each Purchase Order, a request is made through the department director to the Budget Office. The Budget Office verifies funds are available and forwards the request to the Purchasing Division. If all required approvals are in place, the Purchasing Division adds the requested funds to the Purchase Order. Pre -authorization by the Board for these requested increases will ensure the Purchase Orders can be increased expeditiously, after confirmation of the availability of funds by the Budget Office. The pro shop at Sandridge Golf Club needs to maintain an ample supply of goods necessary to support patron demand, and Pro Shop sales continue to be strong. Water line repairs often necessitate concrete patching. Utilities has completed nearly twice as many line repairs this fiscal year to date (27) than last fiscal year to date (14). FUNDING: Funds are or will be made available as indicated in the table on the next page. 85 Sandridge Golf Club Pro Shop Inventory Utilities Current Current Maximum Amount spent Total amount PO# Vendor and Material amount Amount amount with this vendor spent on this Encumbered requested for Encumbered requested for for this material product/service on PO this FY last FY on PO this FY last FY last FY 91092 Callaway Golf— $79,010 $50,000 $100,000 $85,839 $304,615 (all Inventory Account Number Additional funds currently available in account inventory) Account Number $ 45,984 Additional funds currently available in account 418-142000 Inventory Goods - Resale $ 206,925 — revenues from sales are deposited into this account monthly Utilities RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Orders as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. M Current Maximum Amount spent Total amount PO# Vendor and Material Amount amount with this vendor spent on this Encumbered requested for for this material product/service on PO this FY last FY last FY 91960 Pete's Concrete — $75,000 $117,000 $79,010 $79,010 Concrete Patching Account Number Additional funds currently available in account 47126936-035310 — Paving Material $ 45,984 — Revenue from water and sewer sales can be transferred, as needed RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Orders as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. M E INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 24, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022027 for Natural Areas and Exotic Vegetation Management/Mowing BACKGROUND: The Parks Division requested the solicitation of bids to provide mowing and vegetation management for conservation areas and other public lands. The previous bid was awarded by the Board to John Brown & Sons, Inc. on January 8, 2019, with the final term of the agreement expiring on January 7, 2022. The term of the new bid is one year, with two one-year renewals available, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: December 15, 2021 January 12, 2022 530 Subscribers 7 Vendors 2 Vendors Firm Location John Brown & Sons, Inc. Vero Beach Ground Level, Inc. Wauchula Item Description John Brown & Sons Ground Level, Inc. # Hourly Rate Hourly Rate Hydraulic Excavator 50,000 lbs min. with operator 1. minimum of 300 hp auxiliary engine with mower $225 $269 head 2. Track Type Whole Tree Chipper with operator $250 $644 87 Item Description John Brown & Sons Ground Level, Inc. # Hourly Rate Hourly Rate 3. Skid Steer Mower with operator $125 $148 4. Hydraulic Excavator, 40,000 lbs min. with operator $175 $192 minimum auxiliary power 175 HP with mower head 5' Hydraulic Excavator 40,000 lbs min. with operator $125 $132 and root rake and thumb only 6. 55HP Tractor with 7' Mowing Deck $55 $71.50 7. 55HP Tractor for pre -suppression plowing with 6' $50 $71.50 harrows ANALYSIS: The Parks and Conservation Resources Division has reviewed the bids and made recommendation of award to John Brown and Sons, Inc., as the lowest, responsive, and responsible bidder. The low bid represents no change to pricing from the previous bid on items 1, 2, and 5, an 11% increase for item 3, and a 6% increase to the rate for item 4. Items 6 and 7 are new for this bid cycle. FUNDING: The estimated annual cost for exotic vegetation mowing for conservation lands management is $35,000. Funding is available from the General Fund/Conservation Lands/Other Contractual Services Account 00121572-033490. Other departments will also be able to utilize the contract, with funding to be determined at time of order. RECOMMENDATION: Staff recommends the Board award Bid 2022027 John Brown and Sons, Inc., approve the agreement, and authorize the Chairman to execute it after its review and approval by the County Attorney as to form and legal sufficiency. Attachment Agreement Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and John Brown and Sons, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Provide heavy equipment with an operator for trail mowing, clearing of small trees and shrubs, fence line clearing, and mulching of exotics. ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Natural Areas & Exotic Vegetation Management/Mowing Bid Number: 2022027 Project Address: Multiple throughout the County ARTICLE 3 - CONTRACT TIM 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the date indicated on each individual work order. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents is the items of work multiplied by the verified number of hours it took to preform work. 89 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and 90 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2022027; (5) CONTRACTOR'S Bid Form; (6) Bid Bond; (7) Qualifications Questionnaire; (8) Drug Free Workplace Form; (9) Affidavit of Compliance; (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (12) Certification Regarding Lobbying; (13) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 91 a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 92 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. CLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 93 selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia 94 or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 95 (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 96 I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. M.Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. N. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: 97 (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those 98 related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 99 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2022 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Beth Powell Title: Assistant Director Parks & Conservation Address: 5500 77th Street, Vero Beach, FL 32967 Phone 772-226-1873 Email bpowell@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 100 Exhibit 1 to the Agreement — Pricing Item# Description Hourly Rate Hvrlraidir Fxravatnr Sn nno the min With nnaratnr 101 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 24, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022025 for Duck Head Island Phase 1 Revegetation BACKGROUND: The Parks and Conservation Resources Division requested the solicitation of bids for the revegetation of approximately 6.7 acres on Duck Head Island. Work will include the provision and installation of native plants to restore transitional grassland/shrub and a portion of the coastal hammock in areas that are dominated by Brazilian pepper, Australian pine, and other exotic species. These species are currently being mechanically removed and treated under a separate contract. Duck Head island is one of the three large islands within the Lost Tree Island Conservation Area (LTICA), for which the County has initiated a habitat enhancement plan. The awarded contractor will have approximately six months to procure the plants to be installed. BID RESULTS: Advertising Date: December 6, 2021 Bid Opening Date: January 12, 2022 Broadcast to: 382 Subscribers Bid Documents Obtained by: 22 Vendors Replies: 3 Vendors AL Sandhill Environmental Services, LLC Arcadia, FL $140,073.56 EarthBalance Corporation North Port, FL $190,169.00 Cardno, Inc. Riverview, FL $193,659.00 ANALYSIS: The Parks and Conservation Resources Division has reviewed the bids and made recommendation of award to Sandhill Environmental Services, LLC, as the lowest, responsive, and responsible bidder. 102 FUNDING: In October of 2021, Parks and Conservation Resources staff applied for a Florida Department of Environmental Protection (FDEP) Coastal Partner Initiative (CPI) grant for the July 1, 2022 funding period. If the grant is not awarded in full or part, funds in the amount of $140,073.56 are available in the Lost Tree Islands Enhancement, Restoration & Public Facilities/Trails/Boardwalk account in the Optional Sales Tax fund (31521072-066510-20001). RECOMMENDATION: Staff recommends the Board award Bid 2022025 to Sandhill Environmental Services, LLC, approve the agreement, and authorize the Chairman to execute it after review and approval of both the agreement and public construction bond by the County Attorney as to form and legal sufficiency. Attachment Agreement 103 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Sandhill Environmental Services, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Duck Head Island Phase 1 Revegetation ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Duck Head Island Phase 1 Revegetation Bid Number: 2022025 Project Address: 27°39'58.60"N & 80°22'42.03"W ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 240th day after the date when the Contract Times commence to run. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $140,073.56 Written Amount: One hundred forty thousand, seventy three dollars and fifty-six cents 104 ARTICLES- PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 105 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; 106 (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2022025; (6) Addenda (numbers 1 to 3, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 107 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 108 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: CONTRACTOR: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Elizabeth Powell Assistant Director, Parks and Conservation Resources 5500 77th Street Vero Beach, Florida 32967 (772) 226-1873 Facsimile: (772) 589-6119 Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 109 Exhibit 1 to the Agreement — Pricing 110 2022025 Duck Head Island Phase 1 Revegetation Bid Form Project Name: Duck Head Island Phase 1 Revegetation Bid #: 2022025 Bid Opening Date and Time: January 5, 2022 2:00 P.M. Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number #1 #2 Purchasing Division 180027 1 h Street Vero Beach, FL 32960 Date 12/17/2021 1/3/2022 1/7/2022 In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: PLANT MATERIALS Grass/Shrub Planting (5.0 Acres) Unit Total Installed Alternate Price Price Scientific Name Common Size Number of Size Bid ($) M Name Plants (or — -- "N/All) Spartina patens Saltmeadow 1 G 7202 cord rass 1G $3.33 $23,982.66 Borrichia frutescens Sea -oxeye 1 G 2700 dais 1 G $3.33 $8,991.00 Distichlis spicata Saltgrass 4" 1800 4" $1.95 $3,510.00 Ipomoea pes-caprae Railroad vine 4", 1G 900 1G $3.33 $2,997.00 Flaveria linearis Yellowtop 4", 1G 900 1G $3.33 $2,997.00 Iva irnbica Seacoast sumpweed 1 G 900 1G $3.33 $2,997.00 Ageratum maritimum 4", 1G 900 misDtune 1G $3.33 $2,997.00 Gallardia pulchella Blanket 4", 1G 900 1G $3.10 $2,790.00 Page 13 of 39 111 2022025 Duck Head Island Phase 1 Revegetation Helianthis debilis Dune sunflower 4", 1G 900 1G $3.33 $2,997.00 Lycium carolinianum Christmas berry 1G 900 1G $3.33 $2,997.00 Baccharis halimifolia Saltbush 1G, 3G 225 3G $9.25 $2,081.25 Serenoa repens Saw palmetto 1G, 3G 225 3G $12.00 $2,700.00 Iva frutescens Marsh elder 1G 150 1G $3.33 $499.50 Scavevola plumeri Inkberry 1G, 3G 150 3G $9.75 $1,462.50 Callicarpa americana Beautyberry 3G 75 3G $9.25 $693.75 Psychotria nervosa Wild Coffee 1G, 3G 225 3G $9.25 $2,081.25 Zanthoxylum fagara Wild lime 3G, 7G 75 3G $9.25 $693.75 Myrcianthes fragrans Simpson's 3G,7G 75 3G $9.25 $693.75 stopper Eugenia axilaris White stopper 3G,7G 150 3G $9.75 $1,462.50 1 Eugenia foetida Spanish stopper 3G,7G 75 3G $9.75 $731.25 I Chrysobalanus icaco Cocoplum 3G 75 3G $9.25 $693.75 Edge of Hammock Planting (1.2 Acres) I Common I Number of Alternate Unit Total Installed Scientific Name Size Price Price Name Plants Size Bid Spartina patens Saltmeadow 1 G 1800 cord rass 1G $3.33 $5,994.00 Borrichia frutescens Sea -oxeye 1G 450 dais 1G $3.33 $1,498.50 1pomoea pes-caprae Railroad vine 4", 1 G 150 1 G $3.33 $499.50 Flaveria lineans Yellowtop 4", 1 G 150 1G $3.33 $499.50 Ageratum maritimum Dune mistflower 4", 1G 150 1G $3.33 $499.50 Gallardia pulchella Blanket flower 4", 1G 150 1 G $3.33 $499.50 Helianthis debilis Dune sunflower 4", 1G 150 1G $3.33 $499.50 Serenoa repens Saw palmetto 1G, 3G 23 3G $12.00 $276.00 Callicarpa americana Beautyberry 3G 30 3G $9.25 $277.50 Psychotria nervosa Wild Coffee 1G, 3G 30 3G $9.25 $277.50 Zanthoxylum fagara Wild lime 3G, 7G 8 3G $9.25 $74.00 Page 14 of 39 112 2022025 Duck Head Island Phase 1 Revegetation Myrcianthes fragrans Simpson's 3G, 7G 8 Wild Coffee 1G, 3G stopper 3G, 7G stopper 3G Eugenia axilaris 3G, 7G 3G, 7G 8 3G 3G, 7G stopper $1,579.20 Cocoplum 3G, 7G Eugenia foetida Spanish 3G, 7G 8 3G 7G sto er 7G Myrcine 7G Chrysobalanus icaco Cocoplum 3G, 7G 8 3G Erythrina herbacea Cherokee bean 3G, 7G 8 3G Ardisia escallonoides Marlberry 7G 8 7G Citharexylum spinosum Fiddlewood 7G 8 7G Myrsine cubana Myrcine 7G 8 7G Quercus virginiana Live oak 7G 130 7G Bursera simaruba Gumbo limbo 7G 44 7G Sideroxylon foetidissimum False mastic 7G 22 7G Chrysophyllum oliviforme Satinleaf 7G 11 7G Quadrella jamaicensis Jamcaperca 7G 11 7G Existing Hammock Planting (5% of 10.3 Acres of Hammock) Scientific Name Serenoa repens Callicarpa americana Psychotria nervosa Myrcianthes fragrans Eugenia axilaris Eugenia foetida Chrysobalanus icaco Erythrina herbacea Ardisia escallonoides Citharexylum spinosum Myrsine cubana Common Name Size Saw palmetto 1G, 3G Beautyberry 3G Wild Coffee 1G, 3G Simpson's 3G, 7G stopper 45 White 3G, 7G -.,..stopper $224.25 Spanish 3G, 7G stopper $1,579.20 Cocoplum 3G, 7G Cherokee 3G, 7G bean Marlberry 7G Fiddlewood 7G Myrcine 7G Number of j Alternate Plants Size Bid 23 $647.50 3G 70 $9.25 3G 70 $438.75 3G 45 $9.25 $212.75 $9.75 $224.25 3G 45 13G 45 3G 23 3G 23 3G 47 7G 47 7G 23 7G Page 15 of 39 $9.25 1 $74.00 9.75 $78.00 $9.75 $78.00 $9.25 $74.00 $9.75 $78.00 $33.60 $268.80 $33.60 $268.80 $23.60 $188.80 $28.60 $3,718.00 $28.60 $1,258.40 $33.60 $739.20 $33.60 $369.60 $28.60 $314.60 Unit( TotalInstalled Price Price $12.00 1$276.00 $9.25 $647.50 $9.25 $647.50 $9.25 $416.25 $9.75 $438.75 $9.75 $438.75 $9.25 $212.75 $9.75 $224.25 $33.60 $1,579.20 $33.60 $1,579.20 $23.60 $542.80 113 2022025 Duck Head Island Phase 1 Revegetation Quercus virginiana Live oak 7G 33 7G $28.60 $943.80 Bursera simaruba Gumbo limbo 7G 14 7G $23.60 $330.40 Sideroxylon foefidissimum False mastic 7G 5 7G $33.60 $168.00 Chrysophyllum oliviforme Satinleaf 7G 3 7G $33.60 $100.80 Additional did Items G Quantity Total Cost Mobilization_ LS $11,580 Miscellaneous Materials LS $ 3,101.00 180 -Days Maintenance LS $ $27,394.50 Total Bid Price $140,073.56 Project completion time after receipt of "Notice to Proceed" or PO: 30 DAYS Will your company extend these prices to other governmental agencies within the State of Florida? Yes l;�11 No ❑ Page 16 of 39 114 2022025 Duck Head Island Phase 1 Revegetation The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Sandhill Environmental Services, LLC Company Address: 5980 SE County Road 760 City, State Arcadia, FL Telephone: 863-494-9737 E-mail: tony@sandhillgrowers.com Zip Code 34266 Fax: 863-494-1364 Business Tax Receipt Number: — FEIN Number: 20-5318487 Authorized Signatur c "�` Date: 01/03/2022 Name: Anthony Yacovetti (Type / Printed) Page 17 of 39 Title: Managing Member 115 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 20, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension and Amendment to Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling (Bid 2021021) BACKGROUND: On February 16, 2021, the Board of County Commissioners awarded Bid 2021021 for the operation of the Biosolids Dewatering Facility located at the County Landfill located at 1350 74th Ave. SW, Vero Beach to Synagro South, LLC ("Synagro"). The facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles. The Contractor will operate the Biosolids Dewatering Facility, haul sludge from the three County owned wastewater treatment facilities to the facility, and be responsible for dewatering the sludge and disposing of it in the County Landfill. The first term of the agreement is set to expire on February 28, 2022, and four one- year extensions are available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. ANAI VCIC• Staff has been satisfied with the service provided by Synagro and would like to exercise the first renewal to the agreement. Article 4 of the Agreement provides an opportunity for Synagro to request a price increase in writing by January 1 of each year, to be effective for the upcoming term. Synagro has submitted a request to adjust the pricing in accordance with the CPI index (South), effective March 1, 2022, as reflected in the following table. The amounts of the requested increases match the increase to CPI. The Synagro request for increase is on file in the Purchasing Division. 116 SOURCE OF FUNDS: To date and estimated costs are shown in the table below. Service Current Proposed Change Actual Est. Est. Cost Est. FY21/22 Rate Rate costs Cost Mar -Sep Annual Budgeted/ Oct -Dec Jan -Feb Total Allocated 21 to PO Hauling $0.0279/ $0.0299/ +7.2% $106,011 $72,000 $270,144 $448,155 $500,000 gal gal Processing/ $215/ $230.55/ +7.2% $90,961 $63,159 $236,972 $391,092 $420,000 Dewatering dry ton dry ton Funding will come from the Utilities operating funds, which are derived from water and sewer sales. Hauling from the Wastewater Treatment Plants will come from the Utilities Operating Fund/Wastewater Treatment/Sludge Removal (47121836-044730) account, and processing and dewatering costs will be paid from the Utilities Operating Fund/Sludge/Other Professional Services (47125736-033190) account. Account Number Account Description FY 21/22 Available Budget 47125736-033190 Sludge — Other Professional Services $420,000 47121836-044730 Sludge Removal $500,000 RECOMMENDATION: Staff recommends the Board approve the first extension and amendment to the agreement and authorize the Chairman to execute it, after review and approval by the County attorney as to form and legal sufficiency. ATTArwMFIUT- First Amendment and Extension 117 FIRST EXTENSION TO AGREEMENT FOR OPERATIONS of the BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING, AND HAULING This First Extension to that certain Agreement to provide Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling is entered into effective as of March 1, 2021 by and between Indian River County, a political subdivision of the State of Florida ("County") and Synagro South, LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling effective March 1, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 1, 2021 and will end on February 28, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one- year period; and WHEREAS, the parties desire to amend Article 4 — Contract Price and the associated Exhibit A Pricing; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective March 1, 2022 and shall end on February 28, 2023. Three one-year renewals remain. 3. Article 4 — Contract Pricing is amended to add the following sentence to the second paragraph: Justification will be based on the Consumer Price Index for All Urban Consumers (CPI -U), South Area, all items, 1982-84=100 for November. 118 Exhibit A Pricing is amended to reflect new unit price and total pricing: Location Estimated Hauling Unit Price/gal Total Extended Price Quantity South Regional WWTF 2500 6th Avenue SW 2,000,000 gals $0.0299 $59,800 Vero Beach, FL West Regional WWTF 8405 8th Street 7,000,000 gals $0.0299 $209,300 Vero Beach, FL Central Regional WWTF 3550 49th Street 5,000,000 gals $0.0299 $149,500 Vero Beach, FL Total Hauling Price $418,600 Processing/Dewatering Estimated Price per dry Total Processing Price Quantity tons produced Sludge and Septage Dewatering 2,500 dry tons $230.55 $576,375 Total Annual Cost Hauling and Processing $994,975 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 119 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. SYNAGRO SOUTH, LLC 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 LE Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal County Attorney 120 f INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Daniel N. Hiden P.E., County Engineer SUBJECT: Indian River County FPL Service Center - Landscape Maintenance Agreement DATE: January 20, 2022 DESCRIPTION AND CONDITIONS On April 10, 2020, Florida Power and Light Company (FPL) entered into a contract with Indian River County for the construction of off-site roadway improvements within County right-of-way associated with its project known as FPL Indian River Service Center. As a condition of County ROW Permit No. 2019101147, FPL is required to construct the resurfacing and widening of 16' St. and 98' Ave., along the limits of their project. FPL has installed additional landscaping, at FPL's expense, within Indian River County rights -of -ways for 16"' St. and 98d' Ave. The plans and documents for this effort conform to Indian River County Standards. FPL has supplied all of the landscaping material and completed installation. FPL is required to enter into a Landscape Maintenance Agreement with Indian River County, which will obligate FPL to continue maintenance of all landscaping installed at this site. FUNDING Funding is not required for this action. RECOMMENDATION Staff recommends approval of the Landscape Maintenance Agreement with Florida Power and Light Company and Authorize the Chairman to execute the Agreement. ATTACHMENTS Landscape Maintenance Agreement between Indian River County and Florida Power and Light Company DISTRIBUTION Jon M. Rosenthal, Florida Power and Light Company APPROVED AGENDA ITEM FOR February 1, 2022 121 Landscape Maintenance Agreement THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and entered into as of , 2022 ("Effective Date") by and between Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 27'h Street, Vero Beach, Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408. RECITALS WHEREAS, FPL is the owner of that certain parcel of real property located at 1575 98th Avenue, Vero Beach, Indian River County, Florida, as more specifically described on Exhibit A attached hereto and incorporated herein by this reference ("FPL Property"); WHEREAS, FPL installed those certain cabbage palms and associated irrigation equipment in accordance with landscape plans set forth on Exhibit B attached hereto and incorporated herein by this reference (collectively, "Landscape Improvements") within a portion of the County's right-of-way along the FPL Property fronting between 16'h Street and 981h Avenue ("County ROW"); WHEREAS, FPL desires to maintain the Landscape Improvements located within the County ROW for aesthetic purposes; and WHEREAS, the County agrees to permit FPL to maintain the Landscape Improvements within the County ROW upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements and promises contained herein, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, County and FPL agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. 2. Maintenance. FPL, at FPL's cost and expense, agrees to install and maintain the Landscape Improvements within the County ROW; provided however, FPL shall not be responsible to pay for any repair or damage to the Landscape Improvements caused by County, or its employees, contractors, and/or agents. FPL agrees to perform the work described herein in accordance with the standards set forth in Indian River County Code §926.12, adopted by reference herein, and County hereby waives any permit or application fees which might otherwise be associated with the work described herein within the County ROW. All work required hereunder to maintain the Landscape Improvements that will require lane closures within Indian River County right-of-way, shall have a Traffic Control Plan (TCP) approved by the County's Public Works Department, which TCP shall provide proposed detour routes, traffic control devices, and other pertinent information for the proposed project. FPL shall have the right, but not the obligation, to trim, replace, and/or remove the Landscape Improvements due to conflicts with any future or existing FPL facilities. 3. Insurance. During the term of this Agreement, FPL shall maintain the following insurance: a. General Liability Insurance: FPL shall obtain and keep in force a general liability insurance policy, occurrence based, with a general aggregate limit of no less than 122 $300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional insured. b. Workers' Compensation: FPL shall ensure that any contractor or subcontractor providing labor pursuant to this Agreement shall maintain Workers Compensation in accordance with the laws of the State of Florida. C. Automobile Insurance: If applicable, FPL shall ensure that any contractor or subcontractor providing labor pursuant to this Agreement shall maintain Automobile Insurance in accordance with the laws of the State of Florida. The insurance carriers providing the coverage required by this Section shall be rated at least A- VII by A.M. Best. FPL shall deliver the Certificates of Insurance or a letter of self-insurance evidencing the foregoing policies to the County within 15 calendar days after written request. The Certificates or letter of self-insurance and the insurance policies required by this Section shall contain a provision that provides that the insurance coverage afforded under the policies will not be canceled or non -renewed until at least 30 days prior written notice has been given to the County, excluding workers' compensation and pollution legal liability. With the exception of the workers' compensation policy, the County and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees, successors and assigns shall be shown as additional insureds under all of the insurance policies required by this Section. The policies required by this Section shall be primary and the insurance providers shall agree to waive their rights of subrogation against the County and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees, successors and assigns, excluding pollution legal liability. FPL may meet the requirements in this Section using any combination of primary, umbrella/excess or self-insurance programs. Indemnity. a. To the extent allowed by law, the County agrees to hold harmless FPL from any liability which may arise from FPL's performance of the work described herein. b. FPL agrees to exercise the privileges granted under this Agreement at its own risk and to protect, defend, indemnify and save County harmless, from and against any and all claims, demands, damages, actions, causes of action, or suits relating to personal injury, death and/or property damage to the extent arising from FPL's, its employees' or contractors' use of, or activities upon, the Property, and except where caused by the negligence, omission or willful conduct of County. FPL's liability hereunder shall be limited to direct damages and shall exclude any other liability, including special, indirect, punitive or consequential damages in contract, tort, warranty, strict liability or otherwise. S. Termination. This Agreement may only be terminated by either party by providing ninety (90) days written notice to the other party at the address listed above. 6. Notices. All notices that may or are required to be given by either party to the other hereunder shall be in writing, directed to such party at the address appearing on the first page of this Agreement and sent by United States certified mail, postage prepaid, or by overnight courier. Notices sent by overnight courier shall be deemed delivered on the date of delivery or rejection of delivery. Notices sent by United States certified mail, postage prepaid shall be deemed delivered three (3) days (Sundays and holidays excluded) following deposit in the Unites States mail. 123 7. Complete Agreement. This Agreement represents the complete and integrated agreement of the parties with respect to the subject matter herein and supersedes all prior oral or written agreements. 8. Amendment. This Agreement may only be modified in writing by mutual agreement of both parties. 9. Governine Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree to first attempt to settle any dispute arising out of or in connection with this Agreement by good faith negotiation. If the parties are unable to resolve amicably any dispute arising out of or in connection with this Agreement, each shall have all remedies available at law or in equity. 10. Jurisdiction; Jury Trial Waiver. Venue for any litigation regarding this Agreement shall be in any federal or state court having jurisdiction in Indian River County, Florida. The parties hereby voluntarily, knowingly, and intentionally agree, to the extent permitted by law, to the waiver of a jury trial in any legal action or proceeding arising under or in connection with this Agreement. 11. Counterparts. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one and the same instrument. For purposes of this Agreement a facsimile or other electronic signature shall be deemed to be an original. [Signatures appear on following page.] 124 The parties hereto have executed this Agreement as of the date first written above. County: ATTEST: JEFFREY R. SMITH CLERIC & COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFF C � N By: Assistant County At racy FPL: Florida Power & Light Company, a Florida corporation INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Its: Print Name: APPROVED AS TO TERMS AND CONDITIONS Department Director 125 Exhibit A FPL Property 126 DESCRIPTION: EXHIBIT "A" 11 TRACT 1, SECTION 9, INDIAN RIVER FARMS FLORIDA, SAID LAND RIGHTS-OF-WAY. TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO LAST GENERAL PLAT OF LANDS OF COMPANY RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS CANALS, DITCHES AND LESS AND EXCEPT THE NORTH 50 FEET AND THE EAST 90 FEET THEREOF. CONTAINING 36.667 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH A SURVEYOR'S SEAL 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.00'20'22"E. ALONG THE EAST LINE OF SECTION 9, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFlCATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNQktEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 11, 2020. 1 FURTHER KETC OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-1 P LORIDA ARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. RONNIE L. FURNISS, PSM PROFESSIONAL SURVEYOR AND MAPPER #6272 STATE OF FLORIDA - LB #3591 SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING �7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 INDIAN RIPER SERVICE CENTER SKETCH OF DESCRIPTION DATE 09/11/2020. DRAWN BY RLF F.B./ PG. N/A SCALE AS SHOWN JOB NO. 1278484 STATE ROAD 60 SITE 12 ST LOCATION j ry 12 ST NORTH l/ERONA TRACE LOCATION MAP NOT TO SCALE 8 ST NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH A SURVEYOR'S SEAL 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.00'20'22"E. ALONG THE EAST LINE OF SECTION 9, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFlCATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNQktEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 11, 2020. 1 FURTHER KETC OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-1 P LORIDA ARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. RONNIE L. FURNISS, PSM PROFESSIONAL SURVEYOR AND MAPPER #6272 STATE OF FLORIDA - LB #3591 SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING �7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 INDIAN RIPER SERVICE CENTER SKETCH OF DESCRIPTION DATE 09/11/2020. DRAWN BY RLF F.B./ PG. N/A SCALE AS SHOWN JOB NO. 1278484 N00'11'56"E 20.00' -'- 0 NORTH LINE 0 60' ROAD AND CANAL RESERVATION (PB 2, PG 25, SLC) NORTH LINE OF 0 SECTION 9 & TRACT 1 0 SOUTH LINE RESERVATION S89'37'46"E 1308.69'_ 0 N N89'37'46"W 1248.55' CAULF= IELD & WHEELER, CNC_ CIVIL ENGINEERING Q 0 LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION S00'20'22"W 20.00' 60.00' 589'37'46"E 4 9 SECTION - CORNER 3 10 w m m 30' 1 30' Li H U U Z L� Q W N W W Lo OQ O ly- Li W N N Z J O <z N x INDIAN RIVER FARMS CO. w N iv TRACT 1 z rn w N O W d o (PLAT BOOK 2, PAGE 25) 0 W ry O fy Of ST. LUCIE COUNTY, NOW INDINAw Q N O O m RIVER COUNTY, FLORIDA 3 w O a Z u�pa U ¢ c'D W w a- <- z 60' Z w m N Capp F p w N p N O W N N Nmzw N z J L' c 0 J w 90' O 0 z r� a u � o 0 0 LEGEND Z m DB - DEED BOOK Z wn� c J ? >Ll IRFWCD - INDIAN RIVER FARMS Z Q, J x GRAPHIC SCALE WATER CONTROL DISTRICT ORB - OFFICIAL RECORDS BOOK 0 20 40 PB - PLAT BOOK PG - PAGE R/W - RIGHT-OF-WAY ( IN FEET ) SLC - ST. LUCIE COUNTY 1 INCH = 40 FT. +- SECTION CORNER SOUTH LINE OF TRACT 1 S89'38'48"E 1245.50' INDIAN RIVER FARMS CO. TRACT 8 (PLAT BOOK 2, PAGE 25) ST. LUCIE COUNTY, NOW INDINA RIVER COUNTY, FLORIDA CAULF= IELD & WHEELER, CNC_ CIVIL ENGINEERING Q 0 LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION S00'20'22"W 20.00' 60.00' 589'37'46"E 4 9 SECTION - CORNER 3 10 w m m 30' 1 30' N89'38'48"W 60.00' SHEET 2 OF 2 DATE 09/11/2020 DRAWN BY RLF F.B./ PC. N/A SCALE AS SHOWN JOB N0, 1288484 Li U Z W N W W Lo OQ J N ^ N Li W N N Z J O <z N x OO N z z Q Z ¢OfCD w N O W d m N 0 W ry O fy Of cD J N O O a O O m J r (n Q N c'D a- <- z 60' Z w m �� 1) m w H ZOQ I N p N O W to F � U)wLi L' c aU)4 J w 90' \l�l 0 z r� a u N89'38'48"W 60.00' SHEET 2 OF 2 DATE 09/11/2020 DRAWN BY RLF F.B./ PC. N/A SCALE AS SHOWN JOB N0, 1288484 Exhibit B Landscape Improvements 129 EXHIBIT B 2 i --------------- -�-� ------3_!- --------------- - - - iu�aiaa - srs wr[T 1. -fa ? S tt�sah K44ty'. ?424 4 M .n z c F, Klm�ey>))HOf o INDIAN RIVER SERVICE CENTER LANDSCAPE PLAN n R5 r.•• 11 ,ICO Cl l tOOO •. N w rr M _--zm 6167 w. Vy62d72E9 ..) N,f•TI �, rt. N110 !GM n )H.0 ...p.p lr)-n...p• ..I&M R,w" cmn su*I A 1,/25/s __...••.-• ••••.•••.• •• •••••••• N. 1,4Wowl OAR H -0 M INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation 1)� CONSENT BCC Meeting February 1, 2022 Date: January 11, 2022 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Dylan Reingold, County Attorney Kevin M. Kirwin, CPRE, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Friends of St. Sebastian River License Agreement for the South Prong Preserve Conservation Area "Ryall House" DESCRIPTIONS AND CONDITIONS The South Prong Preserve Conservation Area (South Prong Preserve "SSP") was acquired in 2006 under the County's Environmental Lands program, with cost -share funding from the Florida Communities Trust. The SPP is comprised of two separate parcels that are roughly across the street from one another with the "Ryall Homestead" on the north side of C.R. 510 and the "Stough Homestead" on the south side. Both parcels have direct access via driveways to C.R. 510. Indian River County purchased the Ryall Homestead in November of 2006 from Margaret A. ("Gussie") Ryall. The Stough Homestead was acquired by the County in January 2007 from Shadowbrook Estates, Inc. The two parcels are approximately 37.5 acres in total. The Ryall Tract is improved with a single-family house and a detached shed. The County renovated the house in 2012 to ready it for occupancy with a Sheriff's Deputy in order to provide site security and maintenance until improvements would open the site to the public. Two Indian River County Sheriff's Deputies resided in the house and provided site security from 2012 until September 30, 2021. On September 15, 2020, the Board approved Work Order Number 3 to Carter and Associates, Inc. to provide design and engineering services for the public use improvements at the South Prong Preserve. As a transition is made to provide access for public use, the Friends of St. Sebastian River, LLC (FSSR) expressed an interest in a partnership with the County to assist with educational and volunteer programming on the site. Over the course of several months, staff has been working the FSSR to develop a License Agreement for the non-profit organization to utilize the house as an office in exchange for providing a regular presence on the site, as well as structured education programming and volunteer events relevant to the health of the Sebastian River and its tributaries like the South Prong Slough. In addition, this partnership will provide an opportunity for public input during the design process for facilities which will primarily be located on the southern parcel associated with Stough Property. These facilities are planned to include an education pavilion, trails and extensive boardwalks throughout the Slough to highlight the ecological significance of the area. FUNDING It is anticipated that funding necessary to maintain the Ryall House and larger SPP will be minimized with this partnership. General operation and maintenance funding for the County's responsibilities as outlined 134 in the License Agreement are allocated in the annual operating budget for Parks & Conservation and, for capital items, through the approved Capital Improvements Plan for FY21/22-25/26. STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the License Agreement with the Friends of St. Sebastian River, LLC, for the South Prong Preserve Conservation Area and authorize the Chairman to execute the License Agreement. ATTACHMENT • Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County; Contract Number 4283-95-R; Project Number H0259 APPROVED AGENDA ITEM FOR FEBRUARY 1, 2022 135 LICENSE AGREEMENT THIS LICENSE AGREEMENT for a portion of the South Prong Preserve Conservation Area "Ryall House" located at 7780 85'1' Street, Vero Beach, FL 32967 ("License Agreement") is entered into this day of , 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and Friends of St. Sebastian River, Inc., a Florida not-for-profit corporation ("FSSR'). Witnesseth That: WHEREAS, Friends of St. Sebastian River, Inc. (FSSR) is a 501(c)3 non-profit organization dedicated to maintaining and improving the health and beauty of the St. Sebastian River and its watershed; and WHEREAS, the County purchased the South Prong Slough containing the Ryall and Slough parcels in 2006 and 2007, respectively, with environmental bond funds with cost -share assistance from the Florida Communities Trust; and WHEREAS, the County and FSSR would like to work cooperatively to provide site management and educational programming, NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and FSSR agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LICENSE. The initial term of this License Agreement shall be 3 years commencing on this day of 2022, and terminating on 2025 (the Initial Term"). This License Agreement will be may be renewed for 3 -year periods, unless terminated. 3. DESCRIPTION OF PREMISES. The County hereby grants a license to the FSSR, the two-bedroom "Ryall" home located at 7780 85th Street, Vero Beach, FL 32967 as depicted in Exhibit "A" ("Premises"). 4. USE. FSSR shall occupy and use the Premises only for its operations related to the FSSR and for cooperative educational programming and volunteer efforts related to the Sebastian River and its watershed, and for no other purpose whatsoever without County's prior written consent, which consent shall not be unreasonably withheld. 136 5. UTILITIES. The FSSR shall pay for and provide utility services including any necessary internet, phone, security, and electric service at the Premises. FSSR shall be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection. 6. FSSR MONTHLY SCHEDULE. By the 151 day of every month, FSSR shall provide County with a monthly schedule of office hours, meetings and educational programs for the upcoming month. FSSR shall provide County with 1 days' notice of any cancellations or changes to the schedule. 7. FSSR EDUCATIONAL PROGRAM REQUIREMENT. FSSR shall provide at least 12 educational programs per year on the Premises. Such programs may include volunteer work days. Such programs and volunteer days shall be reported to the County on a monthly basis with the number of attendees, hours volunteered, and program/event attended. 8. MAINTENANCE AND REPAIRS. County shall maintain in good repair the appliances, roof, structural components and exterior walls, roof and porches of the Ryall House, as well as the HVAC, electrical and plumbing systems (including maintenance and repair of the septic system). FSSR shall maintain the Premises in a safe, clean and attractive condition, and shall make all necessary minor repairs so that the Premises is maintained during the term of the License Agreement in substantially the same condition as it was given at the beginning of the license. FSSR shall surrender the Premises at termination or expiration of the License Agreement, in substantially the same condition as they were at the beginning of the License Agreement, reasonable wear and tear excepted. FSSR will notify the County immediately upon any major repairs needed and will keep a log of all minor repairs made by the FSSR and/or volunteers. 9. FURNITURE. FSSR shall be responsible for supplying any furniture for the Ryall House. 10. MOWING. County shall mow the grounds of the Premises on a bi-weekly basis, weather permitting. 11. IMPROVEMENTS. FSSR shall not make or allow to be made any alterations, additions or improvements in or to the Premises, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. FSSR shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which FSSR proposes to make in or to the Premises. Except as specifically provided herein, FSSR agrees that all approved work shall be done in a good and workmanlike manner, at FSSR's sole cost and expense, and that the structural strength and integrity of any structure on the Premises shall not be impaired in any way. FSSR shall obtain, at FSSR's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such alterations, additions and improvements and shall furnish 137 evidence of such approval to the County prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of FSSR's alterations, additions and improvements shall be deemed to be a part of the Premises, and FSSR shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Premises shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this License Agreement, whether by lapse of time or otherwise. FSSR shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by FSSR in or to the Premises (notwithstanding County's prior written consent thereto. As used in this section, an alteration, addition and improvement shall mean a structural change or fixture attached to any building such that it becomes a part of the building. 12. CONSTRUCTION LIENS. FSSR agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by FSSR in or to the Premises and further agrees to indemnify, save harmless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materialmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged against all or any part of the Premises arising out of or from such work. Notwithstanding anything to the contrary set forth in this License Agreement, in no event shall the interest of the County in all or any part of the Premises be subject to any construction, materialman's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of FSSR, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with FSSR or any contractor of FSSR are hereby put on notice of the foregoing provision. In the event any notice, claim or lien shall be asserted or recorded against the interest of the County in the Premises on the account of or extending from any improvement or work made or done by or at the instance of FSSR, or any person claiming by, through or under FSSR, or from any improvement or work the cost of which is the responsibility of FSSR, then FSSR agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within thirty (30) days after notice to FSSR by the County, and in the event FSSR fails to do so, FSSR shall be considered in default under this License Agreement. FSSR agrees to join the County, at County's request, in the execution of a short form of license, pursuant to section 713.10, Florida Statutes, to be recorded in the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph. 138 13. ACCESS TO RYALL HOUSE. FSSR shall allow County access to the Ryall House at any time. However, FSSR will have one locked room in the Ryall House for office equipment and any other valuables, which County can access upon prior notice to FSSR, unless access is necessary due to an emergency. 14. PARKING. FSSR parking on the Premises shall be limited to the front yard and side yard of the Ryall House. No parking shall be permitted in the drain field. 15. OVERNIGHT USAGE. FSSR and the County agree that some overnight stays by volunteers or contractors hired by either party may be mutually beneficial. Such overnight stays shall be limited to a duration of no longer than 14 nights, and shall require written approval by both parties. The volunteer(s) and/or contractor(s) must be performing a function for either the County and/or FSSR, i.e. volunteer work related to a County conservation area, cleanup effort; contractor who is provided a service for 1RC/FSSR whereby the overnight stay reduces the cost of services provided; organized educational volunteer groups like Alternative Breaks, DEP Volunteer Corps. A donation to the FSSR shall be made per person, per night to cover the cost of additional electric and minor wear and tear as a result of the stay. Overnight guests shall have the responsibility to leave the premises clean and in the same or better condition as when they arrived. 16. USE OF HERBICIDES. FSSR acknowledges that County uses herbicides on the Premises and agrees that FSSR and its members will not disparage County for such herbicide use. 17. ASSIGNMENT OR TRANSFER. FSSR shall not assign or transfer any part of this License Agreement or the Premises, without the prior written consent of the County. 18. TERMINATION OF LICENSE. This License Agreement may be terminated for convenience by either party with sixty (60) days' written notice. Either Party may terminate this License Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a material obligation under this License Agreement and such failure is not cured within thirty (30) days after written notice of the default is provided by the non - defaulting Party to the defaulting Party. 19. ANNUAL APPROPRIATION. This License Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 20. NOTICE. Any notice required by this License Agreement, 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 County at: 139 Lessor: Friends of St. Sebastian River, Inc. PO Box 284 Roseland, FL 32957 County: Indian River County Board of County Commissioners Parks & Recreation Conservation Lands Program 5500 771i Street Vero Beach, Florida 32967 The above addresses may be changed by either party by written notice to the other party. 21. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. 22. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK 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 AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH UNIT. 23. VENUE AND GOVERNING LAW. Any and all suits for breach of this License Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. This License Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida. 24. SEVERABILITY. In the event that any provision of this License Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this License Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this License Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect. 25. INSURANCE. FSSR shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below: a) Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability) 140 $500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Advertising $500,000 General Aggregate $50,000 sublimit Fire legal liability The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage. b) Automobile Liability (all automobiles -owned, hired or non -owned) - $500,000 Combined Single Limit C) In the event the FSSR hires employees or is otherwise required to carry workers' compensation insurance, the FSSR will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The FSSR will assume responsibility for FSSR's discretion in confirming that all of FSSR's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation - Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease d) In the event that any services or activities of a professional nature are provided, Professional Liability (Errors and Omissions) - $1,000,000 Each Occurrence/Claim (e) Primary and Non -Contributory — FSSR's insurance will apply on a primary basis and will not require contribution from any insurance or self- insurance maintained by the County. 141 (f) Deductibles — The deductibles of the insurance policies applicable to the use of the Premises shall be deemed customary and the responsibility of FSSR and any named insureds. (g) Additional Insured — FSSR's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Premises. (h) Reporting Provision — FSSR's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the FSSR shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (i) Duration — Notwithstanding anything to the contrary, FSSR's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (j) Financial Responsibility — FSSR shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. (k) Evidence of Financial Responsibility — FSSR must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after this License Agreement is executed. Upon written request, FSSR shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the FSSR's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of FSSR's insurance, shall be effective until 30 days after receipt of written notice by the County from FSSR or FSSR's insurance company. (1) Discretionary Authority Depending upon the nature of any aspect of the use of the Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. 142 26. INDEMNIFICATION. FSSR shall defend, protect, hold harmless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of FSSR, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by FSSR, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the FSSR under this License Agreement; and (d) any breach by FSSR of any representation or warranty made in this License Agreement. FSSR is not required to hold harmless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct. 27. ENTIRE AGREEMENT. This written License Agreement shall constitute the entire agreement of the parties with respect to the Premises and the County's occupancy of the Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC: February 1, 2022. ATTEST: M. Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 143 Friends of St. Sebastian River, Inc. Witnessed by: signature: printed name: signature: printed name: 144 ;.,,. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: January 18, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager From: Kevin M. Kirwin, Director, Parks and Recreation Subject: Waiver of Bid — Authorizing the Renovation of the Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc. BACKGROUND The North County Aquatic Center (NCAC) was constructed in 2001 — 2002 and the competition pool that was installed at the facility is a Myrtha Pools USA Inc. system which is a stainless-steel modular panel structure lined with a Myrtha Skin that creates the waterproof liner of the pool. The liner of the competition pool at the NCAC must be replaced. The current liner has a temporary patch with wrapped steel plates holding a large area of the liner in place. The warranty period for a Myrtha Skin liner is 10 years from the completion of installation. The liner of the NCAC is 20 years old and has exceeded its projected lifecycle and this condition is beyond a permanent repair. Myrtha Pools has designated A and W Flooring, Inc. as the only authorized liner repair and replacement contractor in our region. FUNDING: The cost of this project is comprised of two main elements, dewatering ($70,300) and pool repairs/liner replacement ($285,798), for a total project cost of $356,098. Funding for this project was included in the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for FY 2021/22-2025/26. Funds were budgeted in the amount of $400,000 in the Optional Sales Tax/NCAC/NCAC Pool Liner Replacement account, number 31510472-066510-22008. Description: Account Number: Amount: Optional Sales Tax/NCAC/NCAC Pool Liner Replacement 31510472-0665 1 0-22008 $356,098 145 RECOMMENDATION: Staff respectfully recommends that the Indian River County Board of County Commissioners waive the requirements for bids and authorize the Purchasing Division to issue a purchase order to A and W Flooring Inc. for the replacement and renovation of the Myrtha Skin liner at the North County Aquatics Center. ATTACHMENT: Myrtha Sole Source Memorandum — North County Aquatic Center DISTRIBUTION: Kevin M. Kirwin, Director —Parks and Recreation APPROVED AGENDA ITEM FOR February 1, 2022 146 Myrtha Myrtha Pools USA Inc. 1800 2^1 Street, Suite 758 Sarasota, Florida 3 236 Pools Tel (941) 955-25914F x. (941) 955-0862 January 11, 2022 Re: North County Aquatic Center Myrtha Sole Source Memorandum To Whom is May Concern with the Indian River County Parks & Recreation Department: In conformance with the Manufacturer's Certificate of Guarantee, Myrtha Pools USA (MPUSA) and our parent company A&T Europe has partnered with A&W Flooring (A&W) because they are the certified regional repair vendor to complete the liner renovations at the North County Aquatic Center. MPUSA is a wholly owned subsidiary of the manufacturer A&T Europe, the patent holder of the Myrtha system. Myrtha has the exclusive right to sell and install that system in the United States. Myrtha has contracted with A&W for the purposes of delivering a successful renovation for the Indian River County Parks & Recreation Department. The rational for this request is as follows. • The manufacturer is offering to extend the existing warranties. Those warranties require that all components associated with the pool be provided by the original manufacturer. The use of any third -party components would violate those terms and void any warranty extensions. • The existing / future pool warranty required that the installation of said components must be completed by a Myrtha Certified installation component of void the existing material warranty. MPUSA takes the training of our partners very seriously to ensure the highest quality results possible. Certification requires regular attendance of our Pool Academy as well as supervised experience successfully installing the Myrtha system. • The technology utilized in the existing pool is a patented / proprietary system and not available from any other vendor worldwide. MPUSA has the exclusive rights to the product in the US and even the base component manufacturers have exclusivity agreements with us. There is no other product on the market that is even similar let alone comparable. • Finally, MPUSA has offered the Facility and extremely discounted guaranteed maximum price to complete the work effort (at or even slightly below cost), because of or excellent past relationship. If the work effort is publicly bid out in part or in whole, MPUSA loses the ability to control the cost and the Facility will most certainly pay more (possibly considerably more) for the exact same work. Should you have any questions related to these remarks, I may be reached by telephone at 941-350-3286 or email at jireland c1_mvrthapoolsusa.com. Thank you very much for your consideration. Sincerely, 4 �_ John E. Ireland, PE, LEED AP Director of Technical Services cc: File MYRT IA POOLS USA is a division of A&T EUROPE Spa Via Solferino, 27 46043 Castiglione delle Stiviere (Mantova) Italia linfoAmvrthapools.com I wwwmyrthapools.com 147 - A & W FLOORING, INC. 1 13351 SE 80th Street Morriston, Florida 32668-5027 ® Phone # (352)620-5156 Fax # (352) 528-0028 ESTIMATE Date Estimate# 10/29/2021 1571 Name / Address North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 Attention: DS Job# and Project Location Purchase Order# Account # 50 M Pool Remodel IRC288 Description Qty Rate Total NORTH COUNTY AQUATIC CENTER, 9450 COUNTRY ROAD 512, SEBASTIAN, FLORIDA 32958 50 Meter Pool with Small Dive Well - REVISED 1-19-2022 NORTH COUNTY COMPETITION POOL REPLACEMENT MATERIALS (Floor, Walls 1 142,998.00 142,998.00 and Gutters for 50M Competition Pool) Light Blue Evolution membrane for floor. (16,200 sq. ft.) Light Blue Evolution Membrane for Walls and Gutters (5,200 sq. ft.) Black liquid pvc for long course racing lanes (8). Black liquid pvc for short course racing lanes (26). Black liquid pvc for targets (68). Light blue liquid pvc for membrane sealing. Racing lane installation kits. White Coping (585 lineal feet) Recessed stair insets (4) Floor return inlet locking rings, screws, and gaskets (144). Ethyl acetate. PVC detergent. Concrete expansion (900). Tetrahydoflurone. Cleaning Kits (2). Beauty Rings and gaskets for light fixtures. Scope of Installation - Price to remove existing floor liner, prep walls and gutter to receive 1 142,800.00 142,800.00 new Evolution Membrane Liner. Installation of new Liner on walls, floor and gutter. Installation of painted targets and swim lanes. North County Aquatic Center will provide a Dumpster throughout the job for old liner and trash supplies. Price includes removal of all waste materials to dumpster pertaining to liner repair. Price includes Mobilization, transportation, hotels, and all Labor to complete Liner Remodel. Bond Requirements - IF REQUIRED - WILL BE ADDITIONAL CHARGE OF 3% - 5% 1 0.00 0.00 ADDED TO THIS ESTIMATE. 100% Deposit Required for Material Order. Signed Purchase Order Required prior to start date. Subtotal Sales Tax (7.0%) Total Signature - A & W FLOORING, INC. 44,93k 13351 SE 80th Street Morriston, Florida 32668-5027 1W Phone # (352)620-5156 Fax # (352) 528-0028 I Name/Address North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 Attention: DS ESTIMATE Date Estimate# 10/29/2021 1571 Job# and Project Location Purchase Order# Account # 50 M Pool Remodel IRC288 Description Qty Rate Total SALES TAX: IF THIS ENTITY IS TAX EXEMPT, A TAX EXEMPTION CERTIFICATE MUST BE PROVIDED TO A & W FLOORING, INC. - Copy provided 11-3-2021 Terms & Conditions: 1. 100% Deposit required for materials prior to shipping. A further payment of 50% Labor is due upon mobilization. The Balance of 50% Labor is due within the 30 days of receipt of date invoice is submitted to: dsmith@ircgov.com Payments should be issued to A & W Flooring, Inc. at: 13351 SE 80th Street, Morriston, Florida 32668-5027. Electronic Payments are an acceptable option. 2. Prices are valid for 90 days after quotation 3. This proposal details the scope of work included in the above price. If any conditions are found upon commencement of the work requiring additional repairs, ie underneath the liner, work will stop until such time that the owner has been notified of the additional work required, and has been provided with and agreed to the cost for the additional materials and labor necessary to complete the work. 4. Demo, civil works, site works, excavation & hauling, concrete works, sealing, backfill, deck construction, coping, electrical works, grounding works, mechanical works, and commissioning works are not included in this price, unless specifically noted. 5. Project Repair date will be contingent upon all materials are shipped and on jobsite, and weather is not a factor of delay, otherwise a possible date change could be required. A & W Flooring, Inc. will not be responsible for liquidated damages per day thereafter if delay is caused by natural disasters, weather or a delay of material shipment. Project estimated 5 weeks for completion. Material Delivery is between 45 - 60 days from written approval of scope. Signature 149 - A & W FLOORING, INC. 4 M 4, '0� 13351 SE 80th Street Morriston, Florida 32668-5027 1W Phone # (352) 620-5156 Fax # (352) 528-0028 I Name/Address I North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 I Attention: I DS I ESTIMATE Date Estimate# 10/29/2021 1571 Job# and Project Location Purchase Order# Account # 50 M Pool Remodel IRC288 Description Qty Rate Total 6. Permitting will be responsibility of others, not A & W Flooring, Inc. Items not specifically included in the referenced quotation are not included in the Net Sell Price. 7. A & W Flooring, Inc. will issue a one (1) year warranty on labor and workmanship from date of completion. 8. A new 10 year Manufacturers warranty is provided by Myrtha Pools USA on their PVC Membrane with complete pool re -lamination 9. A & W Flooring, Inc. is a Certified Myrtha Pool Installer, and only uses Certified Myrtha Pool Materials and Fittings. 10. All taxes extra, a Sales Tax Exempt Certificate must be provided, no exceptions. 100% Deposit Required for Material Order. Signed Purchase Order Required prior to start date. Quote valid for sixty (60) days. TERMS: Signature required prior to start date. Signed Purchase Order and Contract Required. Deposit Required prior to job start. Balance due upon Completion of job. Signature Subtotal $285,798.00 Sales Tax (7.0%) $0.00 Total $285,798.00 150 A&A A & W FLOORING, INC. i® 13351 SE 80th Street Morriston, Florida 32668-5027 Phone # (352) 620-5156 Fax # (352) 528-0028 Name / Address North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 I Attention: I DS I ESTIMATE Date Estimate# 1/5/2022 1581 Job# and Project Location Purchase Order# Account # 50 M Pool Dewatering IRC288 Description Qty Rate Total NORTH COUNTY AQUATIC CENTER, 9450 COUNTRY ROAD 512, SEBASTIAN, FLORIDA 32958 50 Meter Pool with Small Dive Well - DEWATERING ESTIMATE NORTH COUNTY COMPETITION POOL - DEWATERING Scope of Work: Per Atlas Dewatering, Inc. Quotation (see attached quote) 1 44,400.00 44,400.00 Core Drill Pool Deck to accept Well Points 1 4,500.00 4,500.00 Fuel 1 14,400.00 14,400.00 Patch Holes in Pool Deck after Completion 1 2,500.00 2,500.00 Job Supervision and Management for Dewatering 1 4,500.00 4,500.00 Bond Requirements - IF REQUIRED - WILL BE ADDITIONAL CHARGE OF 3% - 5% ADDED TO THIS ESTIMATE. Terms & Conditions: 1. Deposit payment of 50% is due upon mobilization. The Balance of 50% is due within the 30 days of receipt of date invoice is submitted to: dsmith@ircgov.com Payments should be issued to A & W Flooring, Inc. at: 13351 SE 80th Street, Morriston, Florida 32668-5027. Electronic Payments are an acceptable option. 2. Prices are valid for 90 days after quotation 1 0.00 0.00 151 Alk, A & W FLOORING, INC. 1P13351 SE 80th Street Morriston, Florida 32668-5027 1W Phone # (352)620-5156 Fax # (352) 528-0028 I Name /Address I North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 Attention: DS ESTIMATE Date Estimate# 1/5/2022 1581 Job# and Project Location Purchase Order# Account # 50 M Pool Dewatering IRC288 Description Qty Rate Total 3. This proposal details the scope of work included in the above price. If any conditions are found upon commencement of the work requiring additional repairs, ie underneath the liner, work will stop until such time that the owner has been notified of the additional work required, and has been provided with and agreed to the cost for the additional materials and labor necessary to complete the work. 4. Demo, civil works, site works, excavation & hauling, concrete works, sealing, backfill, deck construction, coping, electrical works, grounding works, mechanical works, and commissioning works are not included in this price, unless specifically noted. 5. North County Aquatic Center has agreed to and acknowledged to forever release, hold harmless and indemnify A & W Flooring, Inc. of and from any and all losses, liability (including liability for personal injury or property damage), claims, liens, demands, damages (including consequential, incidental and punitive damages and attorney fees) and causes of action relating to or arising from work performed or materials supplied by A & W Flooring, Inc. Same applies to any subcontractor used for Dewatering, outside the scope of work of A & W Flooring, Inc. A & W will not be held responsible for anything once the pool has been drained. North County Aquatic Center is responsible for draining and refilling the pool. 6. Project Repair date will be contingent upon all materials are shipped and on jobsite, and weather is not a factor of delay, otherwise a possible date change could be required. A & W Flooring, Inc. will not be responsible for liquidated damages per day thereafter if delay is caused by natural disasters, weather or a delay of material shipment. Project estimated 5 weeks for completion. Material Delivery is between 45 - 60 days from written approval of scope. 7. Permitting will be responsibility of others, not A & W Flooring, Inc. Items not specifically included in the referenced quotation are not included in the Net Sell Price. Signature 152 - A & W FLOORING, INC. 44,00,k 13351 SE 80th Street Morriston, Florida 32668-5027 1W Phone # (352)620-5156 Fax # (352) 528-0028 ESTIMATE Date Estimate# 1/5/2022 1581 Name / Address North County Aquatic Center Dave Smith 1801 27th Street Building A Vero Beach, FL 32960-3388 Attention: DS Job# and Project Location Purchase Order# Account # 50 M Pool Dewatering IRC288 Description Qty Rate Total 8. A & W Flooring, Inc. will issue a one (1) year warranty on labor and workmanship from date of completion. 9. A new 10 year Manufacturers warranty is provided by Myrtha Pools USA on their PVC Membrane with complete pool re -lamination 10. A & W Flooring, Inc. is a Certified Myrtha Pool Installer, and only uses Certified Myrtha Pool Materials and Fittings. 11. All taxes extra, a Sales Tax Exempt Certificate must be provided, no exceptions. 12. A Release and Hold Harmless Agreement must be signed and returned prior to job start. A & W will email the form for signature. DEPOSIT REQUIRED. SIGNATURE REQUIRED PRIOR TO START DATE. Subtotal $70,300.00 Quote valid for sixty (60) days. TERMS: Signature required prior to start date. Signed Sales Tax7.0% $0.00 Purchase Order and Contract Required. Deposit Required prior to job start. Balance due upon Completion of job. Total $70,300.00 Signature 153 i AGENDACONSENT MeetingBCC February1 INDIAN RIVER COUNTY, FLORIDA =� AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: January 18, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin Kirwin, Director, Parks and Recreation Department Subject: Amendment No. 1, Work Order Number 27, — Continuing Engineering Services RFP 2018008 — Dick Bird Park Pickleball Courts BACKGROUND: On April 17, 2018, the Board of County Commissioners ("Board") approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. On May 14, 2019, staff presented a report to the Board on Pickleball in Indian River County. During this item, the Board passed a motion to reallocate $50,000 from FY 21-22 to FY 19-20 in the Capital Improvement Element (CIE). On November 5, 2019, the Board Approved Work Order Number 27 to Kimley-Horn and Associates, Inc., to provide for project program and analysis, site planning, construction documents, permitting and an engineer's construction estimate for a pickleball court facility at Richard N. "Dick" Bird Park. Amendment Number 1 to Work Order Number 27 provides for costs necessary to prepare staff requested changes to the erosion control and demolition plan, site plan, paving and grading plan and the landscape and irrigation plan. These changes were necessary in order to meet ensure that the pickleball court complex would not encroach on designated scrub jay habitat. Upon completion of the tasks detailed in this amendment and receipt of the requested changes staff will commence the preparation and solicitation of the construction bids for this project. FUNDING: Funding for Amendment Number 1 to Work Order Number 27 in the amount of $3,800 is budgeted and available in the Impact Fees/Parks/Pickleball Complex South County Park account, number 10321072-066510-20002. This project is included in the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period FY 2021/22-2025/26 which was amended on December 14, 2021. Description: Account Number: Amount: Impact Fee/Parks/Pickleball Complex South County Park 10321072-066510-20002 $3,800 154 RECOMMENDATION: Staff respectfully recommends approval of Amendment NO. 1, Work Order Number 27, South County Dick Bird Park Pickle Ball Courts Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit B in the amount of $3,800, and requests the Board authorize the Chairman to execute Amendment NO. 1, Work Order Number 27. ATTACHMENT: Amendment NO. 1, Work Order Number 27, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - South County Dick Bird Park Pickle Ball Courts APPROVED ITEM FOR FEBRUARY 1, 2022 155 INDIAN RIVER COUNTY Dick Bird Park Pickleball Complex Work Order No. 27 AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated January 18, 2022 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Exhibit A—Scope of Work", "Exhibit B — Fee Schedule" of the AGREEMENT. Amendment Description "Exhibit A—SCOPE OF Work" is being modified to incorporate the following: k 1— Plan modifications ENGINEER previously prepared plans based on approximate location of the Conservation area and the Client approved conceptual plan prepared as part of the original scope. The Client as requested changes to the site plan which will require the following sheets to be modified: • Erosion Control and Demolition Plan • Site Plan • Paving and Grading Plan • Landscape and Irrigation Plan These plans will be updated to reflect the revised conceptual plan approved by the Client. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: 156 Amendment No. 1— Dick Bird Park Lump Sum Task Task 1— Plan Modifications (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Labor Fee $ 3,800 157 Amendment No. 1— Dick Bird Park EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to be completed within 3 weeks. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 158 Amendment No. 1— Dick Bird Park The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 1 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2022. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: Brian Good, P.E. Title: Principal By: Peter O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 159 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation / Department of General Services CONSENT BCC Meeting February 1, 2022 Date: January 11, 2022 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Dylan Reingold, County Attorney Kevin M. Kirwin, CPRE, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Oslo Riverfront Conservation Area Interlocal Agreement with St. Johns River Water Management District DESCRIPTIONS AND CONDITIONS On August 21, 1991, Indian River County (County) in partnership with the St. Johns River Water Management District (District) purchased the Oslo Riverfront Conservation Area (ORCA) which is 298 acres located north of Oslo Road and east of U.S. Highway 1. The property was acquired jointly by the District and County for the purpose of conservation and environmental protection. Each party maintains an un -divided one-half interest in the property and both parties agreed that the County would be responsible for the resource management and maintenance/construction of passive recreation amenities. On November 5, 1991, the County and District entered into a thirty (30) year Intergovernmental Management Agreement (Agreement) which expired on November 4, 2021. This Agreement includes the First Amendment to the Oslo Riverfront Conservation Area Intergovernmental Management Agreement entered into on May 12, 1999, to include the Flinn Tract purchased by IRC, Florida Inland Navigation District (FIND) and SJRWMD on June 17, 1998. A new Interlocal Management Agreement is being provided for acceptance between the District, FIND and the County for a period of twenty (20) years which will expire in 2041. On April 27, 1993, the Board of County Commissioners (BCC) approved "A Plan for the Use and Management of the Oslo Riverfront Conservation Area" (hereafter referred as Management Plan). After the purchase of the Flinn Tract, the BCC approved "A Plan for the Use and Management of the Oslo Riverfront Conservation Area Amended to include the Flinn Tract" on November 3, 2009, which included FIND as funding partner. The purpose of the Management Plan is an Agreement between the three parties that clearly lays out and defines the extent and purpose of use, resource management, responsibilities and long-term management objectives for the two properties. Many of the planned improvements have been completed on both the Flinn and ORCA properties, however, there are some remaining improvements that are currently underway, including fencing of the ORCA property as specified in the Conceptual Development Plan, Figure 4 provided below. 160 •�_ .{.y� 'v PARKING AND RESTROOM t Fm — — _ — - � CANOE LANDING '- -. _• i— .. F sTm FARM „= }c ORCA �mtrzaRAat ' FL I NN TRACT f /aicwocu- �jFM sw,.' RI'.ER PA,a{ OBSERVATION PLATFORM - TRAIL CONNECTION FOR '° INDIAN RIVER LAGOON GREENWAY e . LAN9 TRUST 7 17 XA ok IX4CA ` — ORIGINALTRACT PROPOSED FENCING AND AP REMOVAL OBSERVATION TOWER OBSERVATION 4 4'� PLATFORM HIKING TRAIL . .�. fir`• H;,. r — CANOE LANaNc a pccE.�sl&LE rnj.IL BRIDGES OF 4 4/27/93 NA NA Conceptual approval of the Oslo Riverfront Conservation Area Management Plan 11/3/09 — parties IRC, SJRWMD (approved 1995) 10/1997 $1,353,550 FIND Oslo Riverfront Conservation Area Management Plan purchase Flinn Amended to Include the Flinn Tract Amended 2009 11/3/09 NA NA Approval of the Updated Oslo Riverfront Conservation Area Management Plan 11/3/09 — parties IRC, SJRWMD (approved 9/8/09) 6/6/17 $16,250 Cash Yes — FDEM Authorization for staff to finalize and submit the HMGP Match (same as $48,750 Application for Oslo Riverfront Conservation Area, identified finalized on (same as by the LMS as Project Priority #1 for Indian River County in 9/18/18) finalized on the amount of $65,000, and further authorize the County 9/18/18) Administrator to sign the grant application after review by the County Attorney for legal sufficiency. 9/18/18 $16,250 Cash Yes — FDEM Staff recommends authorizing the Chairman to execute the Match $48,750 grant award contract and to direct Budget Office to authorize $16,250.00 for the project from the Native Upland Mitigation Fund; and, authorize the Chairman to execute the Grant Agreement and necessary forms attached to the grant contract, as required. 5/14/19 NA No Staff recommends the Board approve the committee's final ranking of firms and authorize the Parks and Conservation Resources Division to negotiate with the top ranked firm, and subsequent ranked firms, should negotiations with higher ranked firms fail. 10/15/19 $111,702 No Staff recommends the Board of County Commissioners Reconstruction of approve the sample agreement and authorize the Chairman Overlook to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. 6/15/21 $41,697.64 No Staff recommends the Board award Bid 2021043 to A&B Fence Award Fence Co., LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required insurance, and after approval by the County Attorney as to form and legal sufficiency. 8/17/21 $39,196.30 No Staff recommends the Board award Bid 2021048 to Sandhill Planting Award Environmental Services, LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required insurance, and after approval by the County Attorney as to form and legal sufficiency. *information specifically related to the Flinn Tract has not been included FUNDING Operational funding is embedded in the annual Parks & Conservation Lands budget for maintenance of the conservation area. No new funding is anticipated or required as result of this new Interlocal Management Agreement. 162 STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Interlocal Management Agreement Between St. Johns River Water Management District and Florida Inland Navigation District and Indian River County for Oslo Riverfront Conservation Area and authorize the Chairman to execute the Agreement with the Florida Inland Navigation District and St. Johns River Water Management District which will be routed to both entities for their approval and execution. ATTACHMENT • Interlocal Management Agreement Between St. Johns River Water Management District and Florida Inland Navigation District and Indian River County for Oslo Riverfront Conservation Area ** (Due to the size of this document, it will be available for viewing online at www.iregov.com or printed at the Commission Office)** APPROVED AGENDA ITEM FOR FEBRUARY 1. 2022 163 2N. oaIol /aoD,z INTERGOVERNMENTAL MANAGEMENT AGREEMENT Between ST. JOHNS RIVER WATER MANAGEMENT DISTRICT And FLORIDA INLAND NAVIGATIONAL DISTRICT And INDIAN RIVER COUNTY For OSLO RIVERFRONT CONSERVATION AREA INDIAN RIVER COUNTY THIS INTERGOVERNMENTAL MANAGEMENT AGREEMENT ("AGREEMENT"), made and entered into this day of , 2021 ("EFFECTIVE DATE"), by and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida 32177 (hereinafter called the "DISTRICT"), THE FLORIDA INLAND NAVIGATION DISTRICT, an independent district of the State of Florida, whose mailing address is 1314 Marcinski Road, Jupiter, Florida 33477 (hereinafter called "FIND") and INDIAN RIVER COUNTY, a public body existing under the laws of the State of Florida, whose mailing address is 1840 25`h Street, Vero Beach, Florida 32960 (hereinafter called the "COUNTY"). WITNESSETH: WHEREAS, on August 21, 1991, the District and the County each purchased an undivided one-half interest in real property in Indian River County, Florida, as described in Exhibit A attached hereto (hereinafter called the "OSLO PROPERTY"); and WHEREAS, on June 18, 1998, the DISTRICT, as to an u ided twenty-five percent interest (25%), FIND, as to an undivided twenty-five percent interest (25%), and the COUNTY, as to an undivided fifty percent interest (50%), jointly acquired a parcel of property in Indian River County as described in Exhibit B attached hereto (hereinafter called the "FLINN PROPERTY"); and WHEREAS, on November 5. 1991, the DISTRICT and the COUNTY entered into an Intergovernmental Management Agreement, with a thirty (30) year term, to manage the OSLO PROPERTY. which agreement was amended on May 12, 1999, to incorporate the FLINN PROPERTY into the Intergovernmental Management Agreement (ORIGINAL AGREEMENT); WHEREAS, the ORIGINAL AGREEMENT has expired and the DISTRICT, FIND and the COUNTY desire the COUNTY to continue managing the OSLO PROPERTY and to also be responsible for the management of the FLINN PROPERTY (collectively, the PROPERTY); and WHEREAS, the DISTRICT, FIND, and the COUNTY desire to enter into this Intergovernmental Management Agreement. NOW THEREFORE, the DISTRICT, FIND and the COUNTY hereby agree as follows: I . The term of the AGREEMENT shall be for a period of twenty (20) years commencing on , 2021, and terminating on , 2041. Thereafter, the AGREEMENT shall automatically renew for additional five (5) year terms unless said AGREEMENT is terminated as set forth herein. 2. The parties agree that the PROPERTY will be managed by the COUNTY in accordance with the terms and conditions set forth herein. During the term of this AGREEMENT, the COUNTY shall act as the lead manager for the PROPERTY and shall provide for the conservation, protection, multiple -use management, and enhancement of natural and cultural resources on the PROPERTY and for compatible public recreation within the PROPERTY consistent with this AGREEMENT and the Land Management Plan (LMP) for Oslo Riverfront Conservation Area. As lead manager, the COUNTY will be responsible for all management actions at the PROPERTY, including but not limited to: maintenance and repair costs of the entrance roadway for the PROPERTY, providing public recreational opportunities, providing day-to-day maintenance including, but not limited to, garbage removal, security for the PROPERTY, and removal of invasive terrestrial and aquatic plant species on the PROPERY. 3. The DISTRICT, FIND and the COUNTY mutually agree that any use or development of the PROPERTY will be subject to the following conditions: a. the function and condition of the PROPERTY with respect to water management, water supply and the conservation, and protection of water resources shall be managed and maintained in an environmentally acceptable manner and, to the extent practicable, in such a way as to restore and protect their natural state and condition; and the PROPERTY will be managed to control, and where possible eradicate, populations of invasive plant species, as required by the LMP; b. no activities shall be conducted within the areas delineated as WETLANDS on the map attached hereto as Exhibit C, or within other naturally vegetated areas, which damage fish or wildlife, or their habitats, or which alter natural drainage or floodplain or result in erosion, siltation or other forms of water pollution; c. recreational activities planned or conducted within the areas identified as WETLANDS in Exhibit C, and within other naturally vegetated areas, shall be resource-based (i.e., dependent on existing elements of the natural environment), and the development of recreational facilities within these WETLANDS shall be restricted to trails, boardwalks, or other alterations which facilitate access for the passive/non-consumptive recreational user. Construction of said trails, boardwalks, or other alterations are subject to applicable federal, state, and local permitting requirements; d. the DISTRICT may engage in construction or other activities necessary for water management purposes provided that such construction or activities are described within the approved LMP; e. the COUNTY may develop user -oriented recreational facilities (i.e., those not dependent on existing elements of the natural environmental) on portions of the PROPERTY outside the areas identified as WETLANDS on Exhibit C, provided the water resource values of the affected land existing prior to development are not diminished; f. nothing contained in this AGREEMENT shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the DISTRICT as it now or hereafter exists under applicable laws, rules and regulations. 4. The COUNTY, in coordination with the DISTRICT, has adopted an LMP that was updated in 2009, and is attached hereto as Exhibit D. The COUNTY shall update the LMP within one (1) year of the Effective Date of this AGREEMENT. Thereafter, the COUNTY shall update the LMP 'every ten (10) years. The updated LMP shall address the goals, objectives, operational policies and management procedures of the PROPERTY, and comply with the format and content requirements in sections 373.1391 and 373.591, Florida Statutes. All future LMPs will require approval by the DISTRICT, FIND, and the COUNTY. The DISTRICT shall have three months to review the LMP and provide input to the COUNTY. Any and all improvements or permanent alterations to the PROPERTY must be described in the final approved LMP prior to their implementation. An amendment to the LMP may be proposed by any party to this AGREEMENT at any time; however, all parties must agree in writing upon the amendments before said amendments are incorporated into the LMP. 5. The DISTRICT and the Indian River Mosquito Control District (MOSQUITO CONTROL) maintain a cooperative agreement dated March 2, 2004, that delegates restoration and management authority to MOSQUITO CONTROL for certain impounded wetlands (MOSQUITO AGREEMENT). As described in the 2009 LMP, the MOSQUITO CONTROL is responsible for managing water levels within WETLANDS on the OSLO PROPERTY following the Rotational Impoundment Management Strategy that has been approved for mosquito impoundments of the Indian River Lagoon. Within six (6) months of the Effective Date of this Agreement, DISTRICT shall contact MOSQUITO CONTROL to amend the MOSQUITO AGREEMENT to include the FLINN PROPERTY. 6. FIND will, subject to the availability of funds, assist the COUNTY by providing funding for invasive vegetation management on the FLINN PROPERTY. Funding will be in the amount equal to FIND'S participation in the purchase of the FLINN PROPERTY, which was twenty-five percent (251/o). FIND may also provide funding assistance to the COUNTY for the development of public recreational opportunities on the FLINN PROPERTY. The funding provided may be up to fifty percent (50%) of the total cost of improvements. 7. The COUNTY shall submit a Master Site Plan for the PROPERTY to the DISTRICT and FIND for approval. The Master Site Plan shall include GIS data documenting existing locations of all levees/berms, ditches, culverts, roads, kiosks, observation towers, recreational amenities, structures, water control structures, office and maintenance buildings, and any additional improvements necessary for the operation of the PROPERTY. Any modifications to the Master Site Plan shall b bject to prior written approval by the DISTRICT and FIND. The design and uction of any structures, buildings, or improvements on the PROPERTY s subject to the prior written approval of the DISTRICT and FIND, which appr t unreasonably be withheld. 8. The COUNTY shall bear the cost of the ing, constructio ration, and maintenance of any recreational facility on OPERT . The CO shall also provide the personnel and resources necess onitor rotect the PROPERTY and to ensure the safety of the public. 9. The COUNTY may retain any fees or other revenues collected in association with any recreational or educational facilities or programs operated by COUNTY or a third party under contract with the COUNTY; provided, however, that any revenue derived from the use and management of the PROPERTY shall be utilized by the COUNTY for management, maintenance and capital improvement costs for the PROPERTY or for acquisition of other lands meeting the criteria set forth in Chapter 373.139, Florida Statutes. 10. All structures or improvements placed upon or moved in or upon the PROPERTY by the COUNTY, FIND or the DISTRICT shall be deemed the personal property of the party placing or moving the personal property and shall not be attached to the land as a fixture. Should either party sell or otherwise relinquish its ownership interest in the PROPERTY, the party relinquishing its ownership and interest shall remove its personal property unless the DISTRICT, FIND and the COUNTY jointly agree to some other method of dispositiohould either party sell or otherwise relinquish its ownership interest in the PROPERTY, t , other party shall have a right to purchase said interest on the same terms and conditions as any prospective valid conveyances for consideration. Such right shall be exercised in writing within 30 days from notice of prospective sale/ relinquishment of ownership interest. 11. Each party shall pay all lawful debts incurred by the party with respect to the PROPERTY and shall satisfy all liens of contractors, subcontractors, mechanics, laborers and materialmen with respect to any construction, alteration and repair in and on the PROPERTY, and any improvements thereon authorized by either party, its agents, or employees, and shall to the extent permitted by law, indemnify the other party against all legal costs; and charges, including attorneys' fees reasonably incurred and reasonable attorneys' fees on appeal, in any suit involving any claims, liens, judgments or encumbrances suffered by either party as a result of the use or occupancy of the PROPERTY or any part thereof by either party, its agents or employees. Further, neither party shall have any authority to create any liens for labor or material on or against the other party's interest in the PROPERTY, and all persons contracting with either party for the construction or removal of any structure, or for the erection, installation, alteration or repair of any structure or improvement on the PROPERTY, including all materialmen, contractors, mechanics and laborers involved in such work shall be notified by the party authorizing the work that they must look to that party only to secure the payment of any bill or account for work done or material furnished during the term of this AGREEMENT. 12. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, and agents. The parties and any other governmental entities involved in management -related activities on the PROPERTY shall, throughout the term of this AGREEMENT, maintain in force a program of insurance or self-insurance covering their liabilities as prescribed by section 768.28, F.S. Nothing in this AGREEMENT shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of any party's sovereign immunity in excess of the waiver set forth in section 768.28, F.S., as it may be amended, or any other provision of law. The DISTRICT's liability is further limited by recreational use immunity to the extent set forth in section 373.1395, F.S., and nothing contained in this AGREEMENT shall be construed as a limitation upon the DISTRICT's right to assert such immunity. It is the intention of the DISTRICT and the COUNTY that in the event the COUNTY seeks to charge a fee for the use of the PROPERTY, the DISTRICT shall be entitled to recreational use immunity pursuant to section 373.1395(3), F.S. In such event, the COUNTY, as a public body existing under the laws of the State of Florida, may assert any immunity it may have as to public recreational use of state lands under Florida law. 13. During the term of this AGREEMENT, the COUNTY shall pay any and all taxes (including but not limited to intangible personal property taxes and ad valorem taxes) or special assessments which may be levied or assessed against the PROPERTY or the improvements and personal property of the COUNTY or its interest in the PROPERTY and the improvements and personal property. 14. Prior to entering into any third -party concessionaire agreement(s) (private or otherwise) for the PROPERTY, the COUNTY shall obtain approval by the DISTRICT and FIND of the agreement. Said concessionaire agreement shall contain the insurance requirements of the COUNTY, DISTRICT and FIND based on the proposed operation. Proper insurance endorsements and the listing of the COUNTY, DISTRICT and FIND as additional insured shall be required when appropriate, as determined by each party. 15. Any party to this AGREEMENT shall have the right, at any time, to inspect the premises and the activities by the other parties to ensure compliance with the applicable operational guidelines, specifications, and terms of this AGREEMENT. 16. Effective Date. For all purposes of this Agreement, the Effective Date hereof shall mean the date when the last of the DISTRICT, FIND, and COUNTY has executed the same, and that date shall be inserted at the top of the first page hereof. IN WITNESS WHEREOF, the parties here to have duty executed this AGREEMENT to become effective as of the date and year first above written. Signature pages follow ST. JOHNS RIVER WATER MANAGEMENT DISTRICT MIKE REGISTER, P.E. EXECUTIVE DIRECTOR ATTEST: Executed on 12021 MARY ELLEN WINKLER, Office of General Counsel For rel Appro, By: K; 01 INDIAN RIVER COUNTY Executed on 2021 ATTEST: By: By: ???????????????????? For reliance by COUNY: Approved as to form and By: 198LAm STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged before me by means of (_) physical presence or U online notarization, this day of 2021, by Chair of the Indian River County Board of County Commissioners, on behalf of the County, who is personally known to me or who has produced as identification. Notary Public My Commission Expires ATTEST: By: For reliance by FIND: Approved as to form and content By: STATE OF FLORIDA COUNTY OF INDIAN RIVER FLORIDAN INLAND NAVIGATION DISTRICT Title: The foregoing was acknowledged before me by m, of 0 physical presence or U online notarization, this day of 2021, by'" of the Florida Inland Navigation District, on behalf of FIND, identification. who is personally known to me or who has produced as Notary Public My Commission Expires Exhibit "A" EXHIBIT "A" SURVEYOR'S LEGAL DESCRIPTION - OSLO ROAD PROPERTY THAT PORTION OF GOVF.RNF.ENT LOT 6 IN SECTION 1R, TOWNSHIP 33 LOUTIH, RANGE2,3 40LAST; 4rIN SECTIONRTION OF 19, TOWNSHIP103319 AND SOUTH GOVERNMENT EF40 LOTS 1, ?, 3, EAST; AND ALL OF GOVERNNF.NT LOT 1, SECTION 20, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COXH4ENCE A'T THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID THE SECTION 19 AND NUN 5.89'44'44"W. ALONG THE SOUTH LINK: OF 19. SAID LINT BEING THE SOUTHWEST 1/4 OF SAID SEC.IDN CENTERLINE OF THE 100 FOOT RIGHT OF WAY OF OSLO ROAD, FOR 305.00 FEET= THENCE RUN N.00°11131"W. FOR 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID OSLO ROAD, SAID POINT BEING THE POINT OF BEGp;j1MG OF THIS CESCRIPTIONI THENCE RUN S.09"44'44"W., ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID OSLO ROAD, FOR 568.32 rEET; THENCE RUN N.12°19'05"W- FOR LINE OF THE SOUTH 102.00 FEET OF THE 1620.99 FEET 110 THHE SOUTH NORTH 1018.80 FEET OF THE SOUTHWEST 1/4 OF SAID SECTION 191 THENCE RUN N.8958'50"W-, 1018.80 FEET SOUTH OF AND PARALLEL, TO THE OF a/4 OF OFOR AND THENCEHRUNOUTHWEST 383.36RTH FEET2;1£P N.12'19 05"W., i95?51 FEETiON EAST RIGHT OF WAY PARALLEL TO THE EASTERLY LINT OF THE 160 FOOT WIDE N0. 1, FOR 2.06 FEET; THENCE. RUN 1:.89"58'50"W., 01' U.S. HIGHWAY 1016.80 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTIO`i !9 FOR 200.13 FRET TO THE EASTERLY RIGHT OF WAY LINE 01' SAID U.S. HIGHWAY 140. 1; THENCE RUN N.12019'05"W. ALONG THE EASTERLY RIGHT OF WAT LINE OF U.S- HIGHWAY N0. 1, FOR 102.35 FFFT TO V HE NORTH LINF OF THE SOUTH 'T1HE FEET OF THE SOUTHWEST 1/4 OF 102.00 FEET OF NORTH 1018.80 SAID SECTION 19; THENCE RUN S.89°58'50"E., ALONG THE NORTH LINE A'00 FEET THE O19 TIFORS01819. 149ST ID SEC IONEET SOUTHWEST 1•±/4l4OF 261FEET TOTH£F 1/4 Or RUN FEET SOUTH OFIAND PARAbLEL9TOITHECE NORTH S.69"58,50"£. 916.80AST LINE OF THE SOUTHEAST 1/4, FOR 675.60 FEET; THENCE RUN '_.INE K 00"11'31"W,, 675.60 FEET EAST OF AND PARALLEL TO THE WEST TO TH£ O. THE SOUTHEAST 1/4 OF SAID SECTION 15, FOR 916.80 FEET 1/4 OF SAID SECTION 19; THENCE RUN SOUT11 LINE OF TOE 1101IT14EAST S.89058'5C"E., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SEC?ION 19, FOR 299.61 FEET; <HENCE: RUN N.00'14'17"W., ALONG THE 1/4 OF THE WEST LINE OF THE EAST 10 ACRES OF THE SOUTHWEST 19 FOR 1316.30 FEET TO THE SOUTH NORTHEAST 1/4 OF SAID SECTION LINE THE NORTEfaEST 1/4 71' THE NORTHEAST 1/4 OF SAID SECTION 191 THENCE RUN N.89"43'27"W. ALONG THE SOUTH LINF. OF THE NORTHWEST 19 FOR 644.19 FEET; 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION THENCE RUN N.0011'31"W., ALONG THE FAST LINE OF THE WEST 10 ACRES OF TNF. NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION SOUTHEAST 1/4 OF i9, FOR 1319.21 FEET TO TIE SOUTH LANE OF THE 18; THENCE RUN N.89027159"W., ALONG THE SOUTH LINE SAID SECTION OF THE SOUTHEAST 1/4 OF SAID SECTION 18, FOR 3.61 FEET; THENCE WEST 10 ACRES OF RUN N.00014'05"E., ALONG THE EAST LINE OF THE LOT 6 FOR 1334.79 FEET; THENCE RUN S69'34'21"E., SAID GOVERNMENT ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6, FOR 1309 FEET, 0.6 MORE OR LESS, TU TTNB SAFE. UPLAND ELEVATION LINE (ELEV. OF RIVER AS FIELD LOCATED N.G.V.D.) OF THE WEST BANK OF THE INDIAN 15, 1990; THENCE MFANVER SOtTHERI.Y ALONG SAID SAFE ON JANUARY UPLAND ELEVATION LINE FOR APPROXIMATELY 6,500 FEET TO THE NORTH LOT 4; THENCE LINF. OF THE SOUTH 330.00 FEET OF SAID GOVERNMENT 330.00 FEET NORTH OF AND PARALLEL TO THE RUN S.89'44'01"W., SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, FOR 822 FEET, MORE OR LESS, 'I'11ENCF. RUN 14.00°14'17"W. FOR 319.00 FEET; TO THENCE RUN S.89°44'01"W., 649.00 FEET NORTH OF AND PARALLEL ',HF. 1/4 OF SAID .SECTION 19, FOR THE SOUTH LINE OF SOUTHEAST FEET TO THE FAST LINE Or THE SOUTHWEST 1%4 OF SAID o O 1575.78 SECTION 19; THENCE RUN S.09'44'44"W., 649.00 FEET NORTH OF AND 1/4, FOR 304.22 PARALLEL TO THE SOUTH LINE or TETE SOUTHWEST S00111'31"E., 304.22 FEET WEST OF AND PARALLEL. O FEET; THENCE: RUN TO THE EAST LIN« OF TILE SOUTHWEST 1/4 OF SAID SECTION 19, FOR 247.9329 ACRES ..,.1 599.00 tEET TO THE POINT OF P OINNLNG, CONTAINING rl' MORE OR LESS. CD c -n w PAGE 1 OF 1 Exhibit `'A" �f 's. i i S z Sopin Cana � Y Y :R r t Oslo Riverfront Conservation Area Parcels F=�;iConservation Area Boundary Parcel 0 0.25 05 QOslo Property Miles 1=Flinn Property O!0 1:15,000 Exhibit `B" `v ^f �'�RE7Uf��ITa: j�7ccr�� CA11WEL CUM COLON , BROwN 8 P.O.40X3GZSG vEl(0 BEKil FL 32964 ;74(i1JDtfNtigltfitAMP t as.a.a k.& u n.,.�nnutaa,[st ROTE dtrrrc BARTON Cgr:rlrri;igCUR 1e0. cc u7. .fIf. '03Siluid,ed Bmi{1N. 4'i_iiiii INUt°W 7tryEH lY.tdwklA 7111 n...s. rt. }zw+ 1NotAk RIYEB COUNT'( CO('1� •••• Q 1'am Mro73)ao OOad nm ae0.A 9!?)Ml iCO CUA}aWai a '07"Hrar. Or~T. 10 liiaa,ar. OIn Gretela Tu AD NrWr. '— ($aa Atays Thi, Ela tar Ra_r.6nLUw1.__ WARRANTY DEED , TIQ4 iNDCPPF•URR, --da dis—l,�day of hnx, 1998 A.1) . BO.— ROBERTA. FLINN and RICHARD J.I. FI11v'N, and, mi. me ted vided mi hAu 1112) Iatm}t, of the C x rh of h,dian 14ver, the Siete of F wwk GRA*tt'O R, , A m tNDIAN RI VER COM Y. FLORIDA a politica! oubdiviaon uadei tie Staic of Fiorid3, as to An undivided filly perccnt tnimm (50%); FLORIDA INLAND NAVIGATION DISTRICT, a apodal t- taxing district tuner Florida law, as to as undivided twenty—five petoxnt intermit (25X), and ST. JOttn RIVER WATER TIAN4 GEh1ENT DISTRICT, as to on undivided twenty -Ove percent i,derest (25Y). c� GRANTEE, r ttiutse adiEtzrse. 4Y 6dtu, a».r t1rtu1Y � 18.01}0 ninny Veru if.xk iL }}9ap t.) Fkdd, talnt hbti8ska. Ik.Atq• 11.4 RW RtW Urb., FL w" 14 k' 'i- W—n4 mtr]i.4iu- nc Off— .a 1429, Pd.&^ FL12IM429 WITNESSETII that the GRANTOR, for and in cmitcration of the sure of TEN AND NO/I00 DOLLARS (.$10.00) mid other good and valuable ar.uideretion to GRANTOR in haad paid by GRANTEE, the tmcipt xvhereof is licteby acln:m+icdbKd has grunted, bargahzif tad wild to the said GRANTEE and ORANTEE's successes and assigns fom'c r, the following darnribed laird, sitade, lying and being in tln Canty of INDIAN RIVER, State of FLAR IDA, to wit: Tba SODU- one-half of Go+ernmeut Lob 7 r ad 1, Settles 7,'Toneshlp 33 South. Roos 4e Ea+t, Indian lu, er Coeuty. Flar'tta, ISM AND EXCEPT ibal pastel destrlb.if In O kIal Ret -Ind Buei, 719. P rte 74. PabRc Renardt of bdtan River County, Florida. SCf81tiCT TO: Al] a sa3tiau, , o fc mss, e.�crrx s, iia atiacs and Eating erdiaaner. if any. aad taxes fur the )� 199R and st aaa linri ycma EACH GRANTOR HEREIN STATES THAT '1111 AIIOVE DMC•RIBrD PROPERTY IS NOT THEIR HOMESTEAD, NOR IS ANY PROPERTY CONTIG11OUS OR AIUACENTTHERE70 AND EACH GRANTOR'S RESIDENCE IS AS LWMD BELOW IRS SIGNATURE. And the GRANTOR does hereby fully warrant the titic to said land, mid will defend tin sonic against lauful claiins of all persons whatsoever, IN WITNESS WHEREOF. the GRANTOR has hereunto set his hand and scal the day andyear ear first above utidew Signed,,, teed an v red .tr x Ino res¢ace:j�� t�l!�./ `•—�_--'—� r.3 Robert A. Minn ' Address. _ f r Lit) r t'�!e N 7y S1tIRL Y Natne Type& Witnesses as to Soh Parties Richard AI. F1itw Address:Yv Exhibit `C" 9 South Gpnai r i �Ir i Oslo Riverfront Conservation Area Wetlands 0 0.25 0.5 I I E:_ J onservation Area Boundary ///,Wetlands Miles O'° 1:15,000 Exhibit "U" A Plan for the Use & Management of the OSLO RIVERFRONT CONSERVATION AREA Amended to include the Flinn Tract Indian River County/ St. Johns River Water Management District 1995 Updated 2009 Indian River County Environmental Planning Section February 14, 1995' April, 20092 ' This management plan received conceptual approval by the Board of County Commissioners on April 27, 1993, and was subsequently approved in 1995 by the St. Johns River Water Management District. 2 The update of this management plan received conceptual approval by the Board of County Commissioners on 2009, and was subsequently approved in 2009 by the St. Johns River Water Management District and the Florida Inland Navigation District. FAhibit "D" TABLE OF CONTENTS INTRODUCTION.................................................................................1 Land Management Goals CONSERVATION AREA OVERVIEW......................................................3 Regional Significance Location Map Vicinity Map Acquisition History Land Use Designation NATURAL AND CULTURAL RESOURCES OVERVIEW ..............................6 Topography and Hydrology Soils Natural Communities Map Natural Communities and Wildlife Cultural Resources PAST MANAGEMENT SUMMARY.........................................................12 Mosquito Impoundment Management Exotic Plant Removal and Control IMPLEMENTATION..............................................................................13 RESOURCE PROTECTION AND MANAGEMENT Security Water Resource Protection and Wetland Restoration Upland Restoration Exotic Species Cultural Resource Protection LAND USE MANAGEMENT Access, Recreation and Outreach Conceptual Development Plan Development Costs ADMINISTRATION Acquisition Cooperative Agreements, Leases, Easements and Special Use Authorizations Revenue Generation IMPLEMENTATION CHART.................................................................18 FIGURES Figure 1 — Location Map............................................................................4 Figure2 — Vicinity Map.............................................................................5 Figure 3 —Natural Communities Map...............................................................9 Figure 4 — Conceptual Development Plan........................................................17 Exhibit' D" INTRODUCTION The Oslo Riverfront Conservation Area (ORCA) consists of two parcels of land. The original "OSLO RIVERFRONT" PROPERTY is approximately 298 acres of undeveloped mature coastal hammock, scrubby flatwoods, and impounded estuarine wetlands located on the north side of Oslo Road adjacent to the Indian River Lagoon in Indian River County. The property has approximately 568 feet of frontage on Oslo Road (9th Street S.E.), and is located just east of the South Vero Square Shopping Plaza on the northeast corner of U.S. Highway #1 and Oslo Road. The property is north of and surrounds the Florida Medical Entomology Laboratory property. The property includes over two miles of Indian River Lagoon shoreline, and encompasses a lagoon cove known as "Crawford Notch". (See Figures 1 and 2.) The original parcel is owned by Indian River County and the St. Johns River Water Management District. The St. Johns River Water Management District is an agency of the State of Florida, one of five regional water management districts with the responsibility to preserve and manage Florida's water resources. Part of that responsibility is the acquisition and management of lands important to the preservation of wetlands and other water resources. On August 21, 1991, Indian River County (hereinafter referred to as the County) and the St. Johns River Water Management District (hereinafter referred to as the District) purchased the Oslo Riverfront property, with each party acquiring an undivided one-half interest. In sharing the cost of the public acquisition, it was agreed by both parties that the District and the County would coordinate on the approval of the property's management plan, but that Indian River County alone would be responsible for the management and maintenance of any recreational areas and facilities established on the property. Subsequently, the County entered into an Intergovernmental Management Agreement with the District for a thirty (3 0) year period, commencing on November 5, 1991 and terminating on November 4, 2021. The Oslo Riverfront property is now known as the Oslo Riverfront Conservation Area, hereinafter referred to as ORCA. The Management Agreement provides that "the function and condition of the Oslo Riverfront property with respect to water management, water supply and the conservation and protection of water resources will be maintained or enhanced and the property will be managed to control the growth of non-native invasive plant species". The Management Agreement also provides that "recreational activities planned or conducted within the wetlands and other naturally vegetated areas shall be resource-based and the development of recreational facilities within the wetlands restricted to trails, boardwalks, or other alterations which facilitates access for the passive/non- consumptive recreational user". In 1998, the Flinn Tract addition was acquired by the County and the District, with the additional participation of the Florida Inland Navigation District. The Florida Inland Navigation District (FIND) is the "local sponsor" for the Atlantic Intracoastal Waterway (ICW), a navigation project funded through state and federal programs. The FIND manages the ICW in the Indian River Lagoon immediately to the east of the managed property. As part of its responsibility for the ICW, the FIND also administers dredged material management sites. The FIND identifies and obtains applicable permitting for such sites. Exhibit "D" TheFlinn Tract is a 37.6 -acre parcel of mature coastal hammock and mosquito impoundment located about 0.75 mile north of the northern boundary of the original ORCA parcel. The tract extends from the right of way of Indian River Boulevard eastward to the shoreline of the Indian River Lagoon, and includes a portion of the Vista Gardens #20 mosquito impoundment managed by the Indian River Mosquito Control District. River Park Place, a residential development abuts the Flinn Tract to the south. FIND property acquired for dredged material management is located along the northern boundary of the Flinn Tract. Ownership of the Flinn tract is held by the County, the District and FIND as undivided interests in the ratio of 50%, 25% and 25%, respectively. The Oslo Riverfront Conservation Area Intergovernmental Management Agreement was amended on May 12, 1999 to include the Flinn Tract and to add FIND as a party to the agreement. The amendment establishes that the County will assume primary management responsibility for the Flinn property for maintenance of the entrance roadway, day to day maintenance and security, removal of invasive terrestrial and aquatic plant species, and provision of public recreational opportunities. The District will assist with land management activities as requested by the County, subject to the availability of funds. FIND will, subject to the availability of funds, assist the County with funding for invasive vegetation management and for the development of public recreational opportunities. Representatives from the District, County Planning and Engineering Divisions, FIND, the Florida Medical Entomology Laboratory (FMEL), the Florida Native Plant Society (Eugenia Chapter), the Indian River Mosquito Control District (IRMCD), the Environmental Learning Center and the Indian River Land Trust have been consulted in the formulation of this management plan. This land management plan replaces the 1995 ORCA management plan and will be updated in 2014. LAND MANAGEMENT GOALS The goals of public ownership of the Oslo Riverfront Conservation Area are: I. To maintain and enhance the condition of the property with respect to water supply, quality and management. 2. To remove and control the growth of invasive plant species. 3. To manage the natural and cultural resources of the property for their long-term preservation and enhancement. 4. To provide passive resource based outdoor recreational opportunities and the facilities needed to support public access. 5. To coordinate the management of the Conservation Area between the various parties involved in its management, including the District, the County, ORCA volunteers, the Indian River County Mosquito Control District and FIND. 6. To support the efforts of the Indian River Land Trust to create a network of shared use trails for public access to the Indian River Lagoon north of the South Relief Canal with the Flinn Tract serving as the public access parcel. The purpose of this plan is to guide the future use and management of the ORCA. The plan begins with a synopsis of the significance, history, water management functions and natural and cultural resources of the property. A summary of past management activities and an outline of future resource management programs are provided and a conceptual plan for the addition of compatible recreational 2 Exhibit "D" activities and other appropriate land uses is established. CONSERVATION AREA OVERVIEW Regional Significance The Indian River Lagoon adjacent to the ORCA property is part of the Vero Beach to Fort Pierce State Aquatic Preserve (No. A-9), and has also been deemed an Estuary of National Significance by the federal government. The Indian River Lagoon is also a Surface Water Improvement and Management (SWIM) priority waterbody designated by the State of Florida. The ORCA project is one of a number of conservation areas established by Indian River County in partnership with the District and with the Florida Communities Trust to protect parcels of developable land along the Indian River Lagoon from future residential or commercial development. County staff with the Environmental Planning Section, the Parks and Recreation Division and the Indian River Mosquito Control District have implemented management programs on each of these conservation areas to eradicate or control invasive exotic plant species, enhance the treatment and control of stormwater runoff entering the lagoon, and to enhance the Rotational Impoundment Method (RIM) management programs of mosquito impoundments at several locations. These conservation areas and management programs are important elements of the collaborative effort by federal, state, local government agencies and local volunteer groups to protect, enhance and restore the important ecological attributes of the Indian River Lagoon. In 2007, a local citizens group and the Indian River Land Trust, which owns approximately 66 acres of land between the original ORCA property and the Flinn Tract, established the idea for an Indian River Lagoon Greenway between the South Relief Canal and the 17th Street Bridge. Working with the citizens group (now the Lagoon Greenway Advisory Committee) together with staff from the Mosquito Control District, the Florida Inland Navigation District, and the Indian River County Environmental Lands Program, the Indian River Land Trust has developed a plan for the Indian River Lagoon Greenway, which is included in the Appendix of this plan. 3 LOCATION MAP Empress `Fernandina Beach Havana............___..: _.._ St. Marys #,i G aTallahassee <; v _ _St George. Exhibit aff -sound` {` Ratliff Live OakCaleb Atlantic Beach Wakulla (`22� McAI Jacksonville Crawfordville Perry p.n Green Cove - Lake Butler- Springs Fruit St Appalachee Bay, Mayo Cove Augustine tiler , Alachua Starke:�-- { ►? Fort Matanzas s j ,Gainesville Palm Cross City 'Trenton Interlachen Palatka Fla Coast Williston Fruitville fagler Beach Bronson Ormond S f 'a fAnthony ree Fel{owship. Beach Daytona11 Beach St3tfrf�i a� Ocala Pierson Q Inglis - D.e Land Port Orange Ar ^r:a Lake Lady Lake 0Deitona Tavares. Sanford Inverness o Altamonte Springs, a Titusville OSLO Oviedo � a0 RIVERFRONT Spring Hill `< Pine Hills QcJando;- a 3o� CONSERVATION Bayonet Point, Kissimmee :9ko p -` a AREA Dade City ❑ St Cloud Merritt Isl and New Port Palm Harbor, Richey June Park. o elbo Clearwater, _Mango Lakeland Palm Bay =" y ; Bay Pines O Tampa 3 Lake Wales Felismere.trPetersla S � rfa a_c n' W Frostproof �6o} Wabassa . V e a 9 c Cortez. Bradenton 1.6 Sebring _ : Lakewood Fort Pierce SarasotaPark , ease Creek Okeechobee__,. i 7o ,Port St. Lucie Bee Ridge North Arcadia Stuart Venice -PortIndiantorvn Harbour Heights .._r6: Port Fort Palm Beach Charlotte Myers Moore Haven Gardens Boca Grande Shores Haverhill, West Palm Beach Fort Myers g2 Wellington Lantana Iona Immokalee_,-situ-C.:r:. ,Delray Beach 2s Coral Springsfl Boca Raton North Naples Si� � _PI[tiation Pompano Beach East Naples`s The Hollywood( Fort Lauderdale Everglades Marcof r l � �,,r Carol City G Miami Beach El %llL8rf185S T Q Miami Waterway Coral Gables �1.m:anst Naranja Cutler midge EVERGLADES 'Homestead NA 10NAL PARK Grayvik Rack Harbor Key Largo Tavernier tLPc?Vi'# Cha: rn i ) Big Pine < -- Key Colony Beach Marathon 0 Key West FIGURE 1 ,I� 0 mi 20 40 60 80 100 120 140 VICINITY MAP 1532, Lotus Patric�Dk6€bit "D" Pineda 4191 ,i Satellite -3-Beach Palm Shores Indian Harbour Beach Tropic Canova Beach Eau Gallie Mayacas Melbourne Melbourne international Deer Park 192,Village © elbourne West Melbourne Melbourne Beach {soa; h &Aa ar +, 514; � `-- -^ — %Wrn Bay 1s25 Valkaria Airport z_ Floridana 50� Beach Evans Pines Grant Ballard KenansvillePines Micco Rd _,y Whittier Micco Roseland ' Sebastian oLOk F _j Wabasso Q C e pg� Brookside Beach Felismere Wabasso Vero Lake Estates Indian River Winter Beach Shores 51.2,1 Yeehaw� Yeehaw Junction Basinger Osowaw \z.1 -Florida Tpke Junction - Fort Drum 724 Eagle Island. # Hilolo Dixie gs+ Ranch Acres C70) Gifford AIA Vero Beach OSLO RIVERFRONT New HibiscuG 8th St Nevins CONSERVATION AREA Airpa-k Royal Poinciana Park Lakewood Oslo Park Viking Indrio Queens Cove St. Lucie County International Airport St. Lucie Paradise Park oFort Pierce Glidden Park Cana Mildred -- Cypress Okeechobee " , Quarters County Okeechobee Airport Sherman Bluefield Up the Grove 7t0 Buckhead Beach Marcy Ridge, Lake Okeechobee Zana 7U t 792 White City 1pp ,, ,, Carlton I �j +, U Ankana {Q' River Park Walton t3port St 'Eden Lucie Jensen Beach sQg, North River Shores Lighthouse Point Rio Sevalls Point Stuart _ Port Sewall Palm City K�j. Port Salerno Salerno' Fru ita Queens Park rivur[L; t 0 mi 5 1 15 20 25 PAGE 6 Pa -, Exhibit' D" The goals for the Lagoon Greenway include creation of a continuous set of pathways for non - motorized use through the upland and lowland areas along the Indian River Lagoon, provision of a diversity of recreational and educational opportunities within the Greenway Planning Area for the residents and visitors of Indian River County, continuation of the protection and conservation of the natural resources of the Lagoon and adjoining wetland and upland habitats and development of interpretive facilities (and corresponding programs) to educate the public on the significance of the Greenway's natural and cultural resources and the need for their management. Acquisition History In May 1990, United Financial Group, Inc., owner of the +300 acre original ORCA property at that time, unsuccessfully requested that 65 acres of the property (mature coastal hammock) be rezoned from RS -1, Single-family Residential, 1 unit per acre, to RM -10, Multi -family Residential, and 10 units per acre density. United Financial Group's request was denied by the Board of County Commissioners, which cited traffic and utilities "Level of Service" (LOS) concerns. Subsequently, in August, 1991, the property was acquired jointly by Indian River County and the St. Johns River Water Management District for $1,860,000, for purposes of resource conservation and enhancement. The Flinn Tract was acquired jointly by the County, the District and FIND in October 1997 for a total cost of $1,353,550 from Robert and Richard Flinn. The parcel was evaluated as the key parcel in the County's Indian River Boulevard South initiative, since non -fee simple protection methods were being use to protect 6 of the 7 other ownerships in that overall project. The Flinn Tract was the only parcel that contained intact maritime hammock east of the boulevard. Its acquisition also provided opportunities to work with the Indian River County Mosquito Control District to enhance the RIM program within the mosquito impoundment, and to collaborate with FIND for an integrated management regime addressing both the Flinn Tract and FIND's dredged material management site immediately adjacent to the north. Land Use Designations The Future Land Use Element of the Indian River County Comprehensive Plan designates the Conservation Area, including the Flinn Tract addition, as C-1 Conservation, and the property is zoned as Con -1, Public Lands Conservation District. NATURAL AND CULTURAL RESOURCES OVERVIEW Topography and Hydrology The history of mosquito impoundment to reduce mosquito populations along the Indian River has produced significant effects on the topography and hydrology of the estuarine shoreline. In the 1950s and 1960s, salt marshes and mangrove swamps associated with the Indian River Lagoon were "impounded" for mosquito control purposes. A mosquito control impoundment is a marsh or mangrove swamp which has been partially or totally enclosed with an earthen dike. An impoundment allows a marsh (wetland) to be flooded during mosquito egg -laying season. This seasonal flooding substantially controls mosquito production, because mosquitoes will not lay their eggs on standing water. Although 6 Exhibit' A" impounding wetlands proved to be an effective method of mosquito control, the practice disconnected wetland habitat from the lagoon estuary, to the detriment of estuarine species. In recent years, efforts have been made to "re -connect" these impoundments to the lagoon via culverts with flap -gates, which improves habitat while still affording seasonal flood control. Ditching and the construction of impoundment dikes have altered the natural shallow -sloping topography of the mangrove swamp, and diverted sheet flow drainage patterns. West of the impoundment areas, naturally flat topography is disrupted in a few locations by the construction of roads, jeep trails and drainage ditches, but remains generally intact. The original ORCA project area contains two impounded estuarine wetlands: "South Vista Royale" (Impoundment #18) and "North Vista Royale" (Impoundment #19). The South Vista Royale impoundment is approximately 133 acres. Construction of the impoundment occurred in 1958 and 1963. Management of the impoundment has consisted of seasonal flooding during spring and summer since 1958 via the use of a 6,000 gpm manually operated diesel pump. In the mid 1990s, the Indian River Mosquito Control District, using Surface Water Improvement and Management (SWIM) funds,, re -connected the impounded wetlands to the Indian River by installing culverts with flap -gates for rotational impoundment management (RIM). The North Vista Royale impoundment is approximately 52 acres in size and was impounded in 1957. Management of the impoundment from 1957 to 1976 consisted of seasonal flooding during the spring and summer by use of a manual pump. To date, the North Vista Royale impoundment has not been converted to RIM and is still seasonally pumped. The original ORCA property contains approximately 233 acres of wetlands, ±185 of which are impounded for mosquito control purposes. The Flinn Tract adds an additional ± 18 acres of wetland habitat, approximately 15 acres of which is impounded. The SJRWMD Indian River Lagoon Basin Land Acquisition Study (Gurr et al., 1990) characterizes the property as "located in the Indian River Lagoon Sub -basin IIID draining directly into the Indian River Lagoon between Sebastian Inlet and Fort Pierce Inlet". An FDOT drainage ditch flows through the original property from U.S. 1 to the Indian River. On the Flinn Tract, an FDOT drainage ditch conveys runoff from Indian River Boulevard to the ditch surrounding the impoundment. According to the Gurr study, the subject property has approximately 500 acres of off-site contributory drainage, and this drainage is conveyed through the wetlands portions of the site by a series of ditches and channels. Sheet flow drainage through the uplands portion of the site is intercepted by a ditch and brought into the wetlands. A portion of the upland area of the original project area (approximately +15 acres) is scrubby flatwoods with moderately well drained soils, allowing for good percolation of rainfall and direct recharge of the Surficial Aquifer. Groundwater recharge occurs in the maritime hammock communities on the original tract and on the upland portion of the Flinn Tract, although the soils in the maritime hammock community are less well drained than the scrubby flatwoods soils on the original parcel. SOILS The Soil Survey of Indian River County (USDA SCS, 1987) depicts four soil types on the ORCA property, summarized as follows: 7 Exhibit "D" Drainage Associated Plant Soil Type Characteristics Community Mckee mucky very poorly estuarine wetland clay loam drained Myakka fine sand poorly drained mesic flatwoods depressions Pomello sand moderately scrubby flatwoods well drained Jupiter fine sand poorly drained coastal hammock Natural Communities and Wildlife The ORCA property natural communities consist of four main categories, with small areas classified as ruderal land (designated AP or R), as follows. (See Figure 3, Natural Communities Map): Community Type Coastal/Tropical Hammock Scrubby Flatwoods Fresh Water Transitional Wetlands Estuarine Wetlands (Mosquito Impoundment and Mangrove Swamp) Ruderal Total ORCA acreage = 336 acres Approximate Acres Original Tract Flinn Tract 38 14 15 0 1 3 233 15 11 6 298 38 8 LEGEND NATURAL COMMUNITIES MH MARITIME HAMMOCK FIND F S SCRUBBY FLATWOODS MS MANGROVE SWAMP • ms AH ml ORCA MI MOSQUITO IMPOUNDMANT AP TW TRANSITIONAL WETLANDS T4 FLYNN TRACT AP AUSTRALIAN PINE R RUDERAL f%* ORCA.BOUNDARY RIVER PARK (PRIVATE) FIND BOUNDARY INDIAN RIVER LAND TRUST BOUNDARY fit I INDIAN RIVER LAND TRUST IT7 INDIAN RIVER FARMS DRAINGAGE DIS RICT 31 MI SF MH MH MS ml MS ORCA ORIGINAL TRACT R %w 4* -91 ml ms L r MS 31 MI SF MH MH MS Exhibit "D" The local Eugenia Chapter of the Florida Native Plant Society conducted a plant inventory of the original ORCA property, and the list has been maintained and updated by volunteers and staff from the Florida Medical Entomological Laboratory (FMEL). A list of plants and animals, also contributed by ORCA volunteers, is included in the appendix of this plan. Approximately 20 rare plant species have been identified on site, including Simpson's Stopper (Myrcianthes fragrans simpsonii), Coral -Root Orchid (Corallorrhiza wisteriana), and Whisk Fern (Psilotum nudum). Although a similar plant survey has not been conducted on the Flinn Tract, the maritime hammock community there has the potential to support the same species of plants, including the listed species noted on the original property. A natural resources inventory of the upland portion of the Flinn Tract will be conducted prior to design of trails and other related facilities. Wildlife found on the ORCA property is typical of the shoreline wetlands and uplands of the Indian River Lagoon. Listed species found in or occasionally visiting the conservation area and the adjacent nearshore areas include West Indian manatee, Gopher tortoise, Roseate Spoonbill, Great Egret, Little Blue Heron, Reddish Egret, Snowy Egret, Tricolored Heron, White Ibis, Merlin, American Oystercatcher, Wood Stork, Osprey, Brown Pelican, Black Skimmer, American Redstart, Least Tern and Royal Tern. An effort to compile a more complete animal list by the volunteers of the conservation area is currently underway. The following common animal species are likely to occur on the ORCA property, based on animal surveys conducted on similar locations elsewhere on the Indian River Lagoon: Eastern Cottontail, Marsh Rabbit, Raccoon, Opossum, Eastern Mole, Gray Squirrel, Gray Fox and Bobcat. Tropical Maritime Hammock Maritime hammock community is located in two stands on the original ORCA tract, totaling approximately 38 acres. Although this community was heavily damaged during the 2004 hurricane season, with many large oak and pine trees downed (including a former champion slash pine) the community is in generally good condition. Nuisance exotic Brazilian pepper (Schinus terebinthifolius) existed on the southwest corner of the property near Oslo Road and the South Vero Square shopping plaza when the property was acquired. These invasive exotic plants were removed by 1998. Exotic plant infestations, primarily Brazilian pepper and air potato (Dioscorea bulbifera), have been the focus of removal efforts by County staff and volunteers on a semi -regular basis since 1991. Two stands of Australian pines remain along the northwestern property line, as noted on the natural communities map. The maritime hammock community on the Flinn Tract totals approximately 14 acres. Three stands of Australian pines are located at the edges of the community, as noted on the natural communities map. Australian pines and other exotic species were removed from approximately 8 acres of the hammock and transitional wetland communities in 2006 and 2007 as part of an upland and forested wetland mitigation project. That area is now under an annual maintenance program pursuant to the mitigation permit requirements. 10 Exhibit "D" Scrubby Flatwoods The scrubby flatwoods community on the ORCA property consists of one stand approximately 15 acres in size. It is located in the southwestern portion of the site, bounded on the east and west by hammock community. This fire -dependent community is in the process of succeeding to hammock conditions due to fire exclusion over a long period of time. The community is therefore evaluated as being in a fair condition. Aside for the need for prescribed fire, the primary management action required of the flatwoods community is the ongoing removal and control of invasive exotic plants. Mangrove Swamp In total, approximately 55 acres of the original estuarine wetland community are intact at ORCA. It is located waterward of the mosquito impoundment berms where tidal flushing has not been impeded by the construction of the impounded areas. This community was the most heavily impacted of all the conservation area's plant communities when mosquito impoundments totaling nearly 250 acres were constructed in the 1950's and 1960's. Management needs of the mangrove community include control of encroaching invasive exotic plants and protection from damage for boat wakes and maintenance activities on the adjacent impoundment dikes. Wildlife associated with the mangrove community include the wading birds and shorebirds typical of the Indian River Lagoon, and the small fry of the Lagoon's fishery, including snook, redfish and many other popular game fish. Mosquito Impoundment The largest vegetative associations on the ORCA property are the mosquito impoundments. These areas were formerly high salt marsh and mangrove communities, and, due to Rotational Impoundment Management, now function somewhat as they did prior to ditching and diking for mosquito control. In addition to mangrove species, the impoundments are vegetated with a mix of salt -tolerant plants, including saltwort, glasswort, salt grass, sedges and sea ox -eye, and are generally in good condition. Management needs include continuous maintenance of water control structures and pumps, and the removal of encroaching invasive exotic plants. Near monocultures of Brazilian pepper with associated exotic plants is a continuing problem on the dikes surrounding the impoundments. Trimming to preserve maintenance access, occasional exotic plant removal projects and maintenance of the infrastructure (pumps, culverts and dikes) of the mosquito impoundments are the responsibility of the Mosquito Control District. Transitional Wetlands Three to four acres of this classification are located at ORCA, the majority lying between the maritime hammock and the impoundment ditch on the Flinn Tract. That area was the subject of the upland and forested wetland mitigation project discussed above. It is now in poor condition as the restoration process continues. Planting of native wetland plant species and the continued management and control of exotic plant species are needed to restore this area to more natural condition and function. 11 Exhibit' D" Cultural Resources A 1992 county -wide archaeological survey funded by Indian River County and the State Division of Historical Resources, conducted by The Archaeological and Historical Conservancy, Inc., identifies three intact archaeological sites on the property and the adjacent IFAS Florida Medical Entomology Laboratory property. The three sites located on or adjacent to the original ORCA property are on the Florida Master Site File for archaeological resources. The sites have been named the Bidlingmayer Site (#8 -IR -836), located on County -owned property south of Oslo Road, the IFAS (Institute of Food and Agricultural Sciences) Site (#8 -IR -837), located on FMEL property, and the Crawford Site (#8 -IR -838), located on the original ORCA property. Together, the sites are part of a large ceramic and oyster shell midden complex, including animal (e.g., bird, fish, and turtle bone) remnants. The sites are suspected to be indicative of an Ais Indian summer village site, opposite an Ais winter village site on the barrier island. The Archaeological and Historical Conservancy, Inc. concludes that the sites are significant, describing the IFAS Site as "extremely important: not only does it contain information about [Ais] resource exploitation of the estuary back lands, but also enough non -faunal material to provide information about intra -regional trade and cultural influences". No known archaeological sites are located on the Flinn Tract. A lithic scatter site is listed just offshore from the FIND property, to the northeast of the ORCA boundary. PAST MANAGEMENT PRACTICES Mosquito Impoundment Management In 1994 and 1995, the Indian River Mosquito Control District implemented improvements to reconnect the South Vista Royale Impoundment to the Indian River Lagoon via the installation of nine 30" diameter culverts. The management method, known as rotational impoundment management (RIM) uses culverts equipped with flap -gates to allow for controlled seasonal flooding. Under the RIM plan, the southeast impoundment cell (+40 acres) was connected to the lagoon via two 30" culverts. As a result, the cell is now intertidal year-round. The southeast impoundment cell may be flooded in summer months, however, but only as necessary in certain years when mosquito production becomes problematic. The culvert opening and closing schedule for the remainder of the impoundment is consistent with other RIM plans for this portion of the lagoon. Culvert closing is in the late spring or early summer, depending on rainfall patterns. The impoundment is flooded to a maximum of 1.8 ft. NGVD, which is the minimal flood level necessary to cover much of the marsh surface. Culverts are opened in the late summer or early fall of each year, which is when rising lagoon levels historically flood high marshes. The restoration project has improved the wetlands and benefited the Indian River Lagoon by reintroducing important nursery and feeding grounds to lagoon marine life. The controlled seasonal flooding also reduces the need of pesticide use for mosquito control purposes. Exotic Plant Removal and Control 12 Exhibit "D" A Brazilian pepper stand on the southwest corner of the original property near Oslo Road and South Vero Square Plaza was removed shortly after acquisition with the use of County mitigation funds. The trailhead parking area was located in this area. Elsewhere on the original property, Brazilian pepper is largely confined to areas along the mosquito impoundment dike. Brazilian peppers interspersed within native plant community areas are treated with herbicide and left to deteriorate in place. Other areas with Brazilian peppers, along impoundment dikes and canals, have periodically been mechanically removed by IRCMD staff and/or County work crews. Periodically, County staff and ORCA volunteers conduct exotic removal projects throughout the property, focusing on infestations of Brazilian pepper, air potato and other Category I and II exotic plant species, listed by the Florida Exotic Pest Plant Council (FL EPPC). An exotic plant removal project was implemented on the Flinn Tract in 2006 and 2007, clearing approximately eight acres of Brazilian pepper from transitional wetlands and maritime hammock communities. The project was a wetland impact mitigation permitted by the SJRWMD, and is now under regular monitoring by Bio -Tech Consulting, Inc. Monitoring will extend until 2010 or until the mitigation success criteria have been met. Specific activities included hand clearing and herbicide application of the exotic plants. The project was originally designed to remove only Brazilian pepper, but other invasives have been treated as well. IMPLEMENTATION RESOURCE PROTECTION AND MANAGEMENT Security ORCA is open to the public from sunrise to sunset. The property boundary is partially fenced at this time. Where security problems and encroachment from adjacent land is a problem, fencing will be installed. Approximately 3,400 feet of fencing to address the encroachment issue is needed along the boundary between the original property and the adjacent residential community to the west (see Conceptual Development Plan). Security for the property is provided by the Indian River County Sheriff's Office. Water Resource Protection and Wetland Restoration The Indian River Mosquito Control District is responsible for ongoing maintenance and management of the mosquito impoundments on the ORCA property. The management plans for the impoundments are included in the Appendix of this plan. County staff will continue to work with the Mosquito Control District to manage mosquito control and wetland function in the impoundments. County staff will continue to work with adjacent land owners and the Florida Department of Transportation to protect and improve water quality entering the ORCA property. Stormwater management improvements by FDOT will be considered during future reconstruction projects on US 1, since drainage from the state road is currently channeled through the ORCA property to the Indian River Lagoon. Additional wetland mitigation projects will be considered on a case-by-case basis by County staff , subject to written approval by District land management staff, and with FIND staff when project areas 13 Exhibit "p" on the Flinn Tract are involved. Wetland impacts from the FIND construction of a dredge material management area on the FIND property located north of the Flinn Tract will be implemented on the Flinn Tract. Details of that mitigation project are not available at this time. FIND will coordinate the project with the County and the SJRWMD during the design and permitting phase of the dredge material management area. In cases where the County, SJRWMD and FIND agree to allow private wetland mitigation in the conservation area, the private mitigator will be responsible for annual reporting to permitting agencies and for follow-up treatments and plantings to satisfy permitting agencies' requirements, for a minimum of five years. Upland Restoration Maritime Hammock The coastal maritime hammock of ORCA is at a climax, mature stage of growth. Some of the large live oaks dominating the canopy of the hammock are hundreds of years old, and are capable of living for many years to come. Native groundcover is an important ingredient of a pristine hammock, and public access of the hammock will continue to be controlled with well defined trails, to discourage pedestrian disturbance of herbaceous plants off the designated trails. The principal management need of this community consists of the continued suppression of nuisance exotic plant invasion. County staff will continue to coordinate efforts of volunteers and service groups to identify, remove and retreat problem areas of infestation. Scrubby Flatwoods Scrubby flatwoods share characteristics of xeric sand pine or oak scrub and pine flatwoods. Understory plant species are similar to sand pine scrub, but scrubby flatwoods generally have greater species diversity. Scrubby flatwoods are distinguished from pine flatwoods, which are commonly associated with more poorly drained soils. Scrubby flatwoods are considered a fire -based community, and naturally occurring fires play an important role in their regeneration and maintenance. Although scrubby flatwoods historically burn every 8 to 12 years, the scrubby flatwoods at the Oslo Riverfront Conservation Area have not been burned in many years. Exclusion of fire from scrubby flatwoods eventually results in succession (as in this case) towards xeric hammock community. Prescribed fire management of this community in the ORCA is not considered to be a feasible management action, due to the location of the community in close proximity to residential development, the major highway to the west, and to the FMEL facility on Oslo Road. Fire management is further complicated by a lack of suitable access routes for the equipment necessary to conduct prescribed burning. Given the small extent of the community, County staff have determined that prescribed burning will not be a management action here in the future, so that the County's prescribed fire efforts can be focused on fire dependent communities located south of Oslo Road and on other conservation areas managed by Indian River County. Since the community is ranked S3 (rare 14 Exhibit "D" or uncommon within the state) by the Florida Natural Areas Inventory, restoration should be the long- term goal for its management. Restoration of the community by continued removal and control of exotic plants and mechanical/chemical restoration efforts by roller -chopping and herbicide treatment will be implemented when funding or mitigation opportunities become available. Exotic Species Removal, management and control of FL EPPC Category I and II invasive exotic plant species, including Brazilian pepper, air potato vine and Australian pine has been the primary management activity at ORCA since the original acquisition in 1991. Given the large invasive plant seed sources surrounding the conservation area, eradication of exotics will not be possible, but management control is feasible. The control of these invasive species requires a long-term commitment of labor resources, which will depend on volunteer support from the local community. Over the next five years, County staff will direct upland mitigation funds to the ORCA project when possible, and will seek additional funding from the Bureau of Invasive Plant Management of the Florida Fish and Wildlife Conservation Commission. Priority areas for future exotic species removal are the remaining stands of Australian pines along the property boundary in the southwestern portion of the original ORCA property, and the three remaining stands located on the Flinn Tract. County staff will continue coordination with the IRCMCD for continued control and removal of Brazilian peppers associated with the mosquito impoundment dikes. Planting of native species appropriate to the original natural community or to existing elevation and hydrological conditions of each site will follow removal of large stands of exotic plants, as appropriate. Cultural Resource Protection The archaeological sites on the ORCA property are relatively intact. Two potential threats to these sites are disturbance associated with construction of recreation access and scavenging by amateur archaeology enthusiasts. For these reasons, existing recreational improvements on the have been carefully located so as not to result in construction disturbance of the archaeological sites, and located so as not to promote easy public access to the sites for unauthorized scavenging. On the Flinn Tract, reconnaissance -level archaeological surveying of proposed development sites will be included in design of future improvements or mitigation projects. The Florida Department of State, Division of Historical Resources will be provided with findings of that preliminary survey, and will review development plans. DHR will also be consulted regarding any additional management actions needed to protect potential cultural resources on the Flinn Tract. Cultural resource protection strategies will include the identification and report to the Indian River County Sheriffs Office and DHR of any activities detrimental to known cultural sites. New sites will be submitted to DHR for inclusion in the Florida Master Site File as they are identified. 15 Exhibit "D" LAND USE MANAGEMENT Access, Recreation and Outreach The Intergovernmental Management Agreement between Indian River County and the St. Johns River Water Management District provides that "recreational activities planned or conducted within the wetlands and other naturally vegetated areas shall be resource-based, and the development of recreational facilities within the wetlands restricted to trails, boardwalks, or other alterations which facilitates access for the passive/ non -consumptive recreational user". The Oslo Riverfront Conservation Area provides an excellent opportunity for resource compatible uses such as picnicking, walking and hiking, bird watching, nature appreciation, environmental education, and canoeing. Improvements were constructed on the original property in 1998 through funding by FIND and by the Department of Environmental Protection's Office of Greenways and Trails. These improvements are depicted on the Conceptual Development Plan, and include limited paved parking, the Herb Kale Nature Trail with benches and interpretive sign displays, boardwalks to access wetlands, an observation platform and an observation tower to afford an aesthetic view of the Indian River Lagoon and wetlands, and a canoe landing to provide access to the conservation area from the lagoon. A short, universally accessible loop trail meandering through the maritime hammock is provided to accommodate persons with disabilities and anyone interested in an abbreviated tour of the property. An active ORCA Volunteers group conducts regular guided tours of ORCA and assists with pest plant control and other stewardship activities. The ORCA Volunteers are supported by the Pelican Island Audubon Society (PIAS) and by the FMEL, which offers free volunteer training classes to promote citizen stewardship at ORCA and at other conservation areas. In addition to the ORCA Volunteers, a cooperative effort has been established between the District, Indian River County, the FMEL, and the Indian River County School Board to utilize the Oslo Riverfront property to educate high school and middle school students about land management issues. Regional Envirothon school competitions are periodically hosted at the FMEL and ORCA properties. Over the next five years, public use facilities will be developed on the Flinn Tract to provide an appropriate level of access and interpretation to that property, and to support the Indian River Land Trust's efforts to establish the Lagoon Greenway connecting public lands between the South Relief Canal and the 17th Street Bridge (see Conceptual Development Plan). These improvements should include a parking area with a grassed surface or pervious pavement to accommodate 15 to 20 vehicles, a restroom and an accessible loop trail approximately 1 mile in length to carry visitors through the hammock to a 1,200 -foot boardwalk across the mosquito impoundment wetlands, to return along the existing impoundment dike trails. Interpretive signs should be installed at several points along the trail to interpret the natural resources, history and management of the area. 16 PARKING AND RESTROOM FIND — —,r=`� CANOE LANDING ORCA r FLYNN TRACT RIVER PARK (PRIVATE) OBSERVATION PLATFORM LEGEND jA 4e PROPOSED BOARDWALK PROPOSED ACCESSIBLE TRAIL [M PROPOSED PARKING PROPOSED STRUCTURES PROPOSED INTERPRETIVE SIGNS EXISTING PARKING EXISTING TRAIL ' 4tORCA BOUNDARY FIND BOUNDRY INDIAN RIVER LAND TRUST BOUNDARY TRAIL CONNECTION FOR +"f•'`'�":`� w a INDIAN RIVER LAGOON GREENWAY o_ { ITYP.) T \ INDIAN RIVER 1p sit LAND TRUST !b s s ht � .r , r e s r . INDIAN RIVER FARMS yrt - . ✓ '-r DRAINGAGE DISTRICT ORCA e , ORIGINAL TRACT '2 �. PROPOSED FENCING AND AP REMOVAL vF ter! � • .�. .= � �� ., `- � F n I f OBSERVATION TOWER Ln �+ OBSERVATION t� PLATFORM HIKING TRAIL — — — — — CANOE LANDING AC TE BLE BRIDGES j_ — _ y Eaiibit "D" Development Costs Costs associated with the Oslo Riverfront Conservation Area Flinn Tract development are categorized into initial development costs and annual maintenance costs. For planning purposes, it is estimated that annual maintenance costs will be approximately $25 per acre of uplands or $2,100 per year. Proposed Improvement Function Estimated Cost Range Entrance road Pervious parking area At 8 Street to parking For 15 to 20 vehicles $8,000 to 10,000 Trailhead information kiosk For entire Greenway $750 to 1,500 Marked upland trails Connect to impoundment roads $10,000 to 15,000 Elevated walkways (including permitting cost) Across ditch & mangrove habitat to observation deck $180,000 to 220,000 Interpretive signage & wildlife viewing areas Along trails and on elevated walkway as appropriate $2,000 to 3,000 Lagoon observation deck/ canoe landing For lagoon viewing, fishing and access from the Lagoon $15,000 to 20,000 Improvement of impoundment roads To better ensure safety of users 2" shell and grade $4,000 to 5,000 no silt fence $6,000 to 7,000 w/ silt fence Directional and information signage As needed to ensure safe and enjoyable user experience $1,000 to 1,200 Gate As needed to prevent access to adjacent non -participating landowners, etc. $400 to 600 Fencing (3,4001.f.) At SW corner of original parcel28 000 Total Construction Estimates $251,150 to $306,300 15% Contingency Add for pre -design flexibility $37,700 to $45,900 Design, Permit, & Construction Inspection $15,000 to 25,000 MAXIMUM TOTAL 5303,850 to $377,245 ADMINISTRATION 18 Exhibit "D" Acquisition The are no plans for additional acquisition for the ORCA north of Oslo Road, at this time. South of Oslo road, across from the ORCA parking lot, the County is pursuing acquisition of a one -acre parcel adjacent to conservation land. If acquisition is successful, the County will seek cost -share funding through the Florida Communities Trust Program of the Department of Community Affairs. Cooperative Agreements, Leases, Easements and Special Use Authorization With the exception of the Intergovernmental Management Agreement between the County, the District as amended to include FIND (discussed in the introduction of this plan), there are no cooperative agreements, leases, easements or special use authorizations on the property at this time. Cell towers, although authorized for some District lands, are not considered appropriate uses for the ORCA property. Revenue Generation There are no activities generating revenue at the ORCA. IMPLEMENTATION CHART Following is a schedule of activities for the ongoing management and additional development of the Oslo Riverfront Conservation Area. AEgyiy Time frame Responsibility Guided tours Periodic Volunteers Trails and facilities Monthly or as needed County staff maintenance Trash removal Daily County staff Exotic plant control Periodic Volunteers, County, Mitigation Projects Mosquito impoundment As needed Indian River Mosquito Control District maintenance New facilities development 2010-2015 County staff Security — install boundary 2010-2011 County staff fencing Security - ongoing Monthly or as needed County staff coordination with IRC Sheriffs Office Water Resources — work with Periodic County staff, District, IRCMCD and District, IRCMCD, FIND and FIND FDOT to manage and improve water quality and wetland habitats 19 Exhibit "D" Upland restoration — apply Dependent on funding County staff mechanical/chemical restoration methods to 15 - acre scrubby flatwoods community Cultural resource protection — 2010-2014 County staff conduct reconnaissance -level survey prior to ground disturbing projects Cultural resource protection — As needed County staff report detrimental activities to law enforcement and DHR Exotic plants — Remove 10 2010-2014 County staff ac. Of Brazilian pepper 11 ac. of Australian pine and 5 ac. of air potato vine and replant with native spp. 20 Exhibit "D" APPENDIX Interagency Management Agreement Plant and Animal List IRMCD Impoundment Management Plan IRLT Greenway Concept Exhibit "D" FIRST AMENDMENT TO THE OSLO RIVERFRONT CONSERVATION AREA INTERGOVERNMENTAL .MANAGEMENT AGREEMENT" THIS AMENDMENT, entered into this day of Xv , 1999, by and between THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose mailing address is P.O. Box 1429, Palatka, Florida 32178- 1429 (hereinafter called "DISTRICT"), the FLORIDA INLAND NAVIGATION DISTRICT, an independent district of the State of Florida, whose mailing address is 1314 Marcinski Road, Jupiter, Florida 33477 (hereinafter called "FIND") and INDIAN RIVER COUNTY, a public body existing under the laws of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter called the "COUNTY"). WITNESSETH: WHEREAS, the DISTRICT, FIND, and the COUNTY jointly acquired a parcel of real property located in Indian River County (hereinafter called the "FLINN PROPERTY"); and WHEREAS, on November 5, 1991, the DISTRICT and the COUNTY entered into an Intergovernmental Management Agreement, hereinafter referred to as the "Agreement" attached hereto as Exhibit "A" and by this reference made a part hereof, to allow the COUNTY to manage the Oslo Riverfront Conservation Area; and WHEREAS, the DISTRICT, FIND, and the COUNTY entered into a participation agreement on March 5, 1998 stipulating that an Intergovernmental Management Agreement be drawn up setting forth the levels of responsibilities on the FLINN PROPERTY; and WHEREAS, the DISTRICT, and the COUNTY desire to amend the Agreement to allow the DISTRICT to include additional land within the Oslo Riverfront Conservation Area rather than to create a new Intergovernmental Management Agreement solely for the FLINN PROPERTY; and WHEREAS, the DISTRICT and the COUNTY hereby desire to add FIND as a management participant for the FLINN PROPERTY, and FIND desires to be included as a management participant for the FLINN PROPERTY under the. Agreement. NOW, THEREFOR,,;, the DISTRICT, FIND and the COUNTY hereby agree -as follows: Exhibit "D" 1. iFIND is herebyadded_as a.party to the Agreement and.ExhibitA of the Agreementis hereby amended by adding the following described land,. known•as the•.Flinn Property- (37.6 acres, Indian RiverCounty), Florida- SEE"EXHIBIT `B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF 2. The existing management plan for the Oslo Riverfront Conservation Area shall be amended within one (1) year to include management of the FLINN PROPERTY. This amendment and all future amendments shall be approved by all parties in accordance with the terms of the Agreement. No development shall occur on the FLINN PROPERTY that is not included in the management plan. 3. The DISTRICT will assume primary management responsibilities on the FLINN PROPERTY, subject to the availability of funds, for the following: a. Assistance with land management activities as requested by the COUNTY. 4. FIND will, subject to the availability of funds, assist the COUNTY by providing funding for invasive vegetation management on the FLINN PROPERTY. Funding will be in the amount equal to FIND'S participation in the purchase of the FLINN PROPERTY, which was twenty-five percent (25%). FIND may also provide funding assistance to the COUNTY for the development of public recreational opportunities on the FLINN PROPERTY. The funding provided may be up to fifty percent (50%) of the total cost of improvements. 5. The COUNTY will assume primary management responsibilities, subject to the availability of funds, for the following: a. Maintenance and repair costs of the entrance roadway for the FLINN PROPERTY. b. Providing public recreational opportunities. c. Providing day to day maintenance (e.g. garbage removal) and security for the FLINN PROPERTY. d. Removing invasive terrestrial and aquatic plant species. It is understood and agreed by the DISTRICT, FIND and the COUNTY that in each and every respect the terms of the Agreement, except as amended hereby, shall remain unchanged, and the same is hereby ratified, approved and confirmed by the DISTRICT, FIND and the COUNTY. Fa Exhibit "D" IN WITNESS WHEREOF, the parties hereto have duly exzcw4ed this Amendment through their duly authorized signatories to become effective on the date and year first above written. A ML OTIS A. MASON, SECRETARY ST. JOHNS RIVER WATER" MANAGEMENT DISTRICT J. DANIEL ROACH�CHA� (SEAL) STATE OF FLORIDA COUNTY OF PUI'NAM The foregoing Amendment was acknowledged before me this /arday of M P j 1999, by J. Daniel Roach and Otis A. Mason, personally known to me and known to me to be the Chairman and Secretary, respectively, of the St. Johns River Water Management District. (NOTARIAL SEAL) nye,, loth- F. Green MY COMMISSION# CC786149 EXPIRES October 24 2002 oONDED TM TROY FAIN WS)PANCE INC -�-cTEST: 3 NOTARY PUBLIC Print name: • 1iOOie % a C My Commission Expires: �ii_��Q- otlo, dOfL� IND RIVER COUNTY i e' NN R. Mc1G1 T 1A" WARD of covwry c WNsf-tC FS (APPRotheD Sy -ME WARD 3/1/99) (SEAL) Exhibit "D" STATE OF FLORIDA, COUNTY OF:INDIAN RIVER The foregomirAmendmaatrwasacknowledgedbefbrvn3cdmkL day oU 1999,bYKEUNEI ~ R AV1 L(-'I�andRAIaLr ; Irl_ RwG sOIIallYknown.tame.andJmownrto me to be Boast f mirmmmand Deputy Clerk, respectively. of IndianKRiverlSbuntr (NOTARIAL SEAL) l // 4' NOTARY PUBLIC �lrrrnnnrarrirarnu»>rrr»rmrnrarrrrrrrr{ Print name: C t*RY P(�B MICR E. WhliC � Notary public. State of Florida My Conunission Expires: � y'Yi+'e Commissrou No. CC576882 � < '�"0rft°p MyCpmmisximExp.08/13/2000 , c < 1 -800.1 -NOTARY - Fla. NomrY Satia B BundN Co. � S1)UU)l)1))1)1)1)U)1)))11)Ullll)1)llU�1�1711 ' STATE OF FLORIDA COUNTY OF DUVAL FLORIDA INLAND NAVIGATION DI' CT Print Name: Title: c Cis cy' (SEAL) The forego' gg Amendment was acknowledged before me this a day of 1 1998, by RNW ".. ��r orst,� A personally known to me and known to me to be , respectively, of FIND (NOTARIAL SEAL) SUSAN 0. SMITH Eaw MMY COMMISSION 8CC 817677 EXPIRES:APri117.2003 APBanded mN Na�q awbc WMen.Mers HN W. WILLIAMS, DeputyGeneral Counsel Office of General Counsel SJRWMD 4 NOTARY PUEil IC Print name:`�,LAJ Pc r4 1� , 6M My Commission Expires: >1"T"A INTERGOVERNMENTAL MANAGEMENT AGREEMENT THIS INTERGOVERNMENTAL MANAGEMENT AGREEMENT (hereinafter called "AGREEMENT') is entered into as of the 5 day of November, 1991, between- the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (hereinafter called the "DISTRICT") and INDIAN RIVER COUNTY- (hereinafter called the "COUNTY"); W I T N E S S E T H: WHEREAS, the DISTRICT and the COUNTY on August 21, 1991 purchased real property in Indian River County, Florida, as described in Exhibit A attached hereto ( hereinafter called the "PROPERTY") . with each party acquiring -an undivided one-half interest.; and WHEREAS, . the DISTRICT acquired- an undivided one-half interest in the PROPERTY for the purposes of water management, water supply and the conservation and protection of water resources; and WHEREAS, the COUNTY acquired an undivided one-half interest in the ` PROPERTY for the purposes of providing environmental protection and public recreation; and WHEREAS, the COUNTY has personnel and experience to provide for the management and maintenance of recreational areas and facilities. NOW THEREFORE, the parties hereto, for and in consideration of the premises and the mutual rovenants and agreements hereinafter contained, hereby covenant and agree as follows: 1. The term of this AGREEMENT is for a period of 30 years, commencing on the 5 day of November 1991 and terminating on - the 4 day of November 2021 2-. The DISTRICT and the COUNTY mutually agree that any use or development of the PROPERTY will be subject to the following conditions: a. the function and condition of the PROPERTY with respect to water management, water supply anc the conservation and protection of water resources as set forth in Section 373.9(3) Florida Statutes will be maintained or enhanced and the PROPERTY will be managed to control the growth of non-native invasive plant species as required by Section 375.045(3), Florida Statutes; 14W Exhibit "D" b, no activities shall be conducted, within the WETLANDS as delineated on the map attached hereto and marked Exhibit B or other naturally vegetated areas, which damage fish or wildlife, or their habitats, or which alter natural drainage or floodplains or result in erosion; s)itatiomor other -forms -of water pollution; C. recreational activities planned or conducted within WETLANDS and other naturally vegetated areas shall be resource-based (i.e., dependent on existing elements of the natural environment) and the development of recreational facilities within the WETLANDS shall be restricted to trails, boardwalks, or other alterations which facilitate access for the passive/non consumptive recreational user; d. the DISTRICT- may engage in construction- or other activitlem necessary for water- management purposes provided- that- sucFr construction or activities are described within the approved management plan; e. the COUNTY may develop user -oriented recreational facilities (i.e., those not dependent on existing elements of the natural environment) on portions of the PROPERTY outside the WETLANDS provided that the water - resource values of the affected land existing prior to development are not diminished; f. nothing contained in this AGREEMENT shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the DISTRICT as it now or hereafter exists under applicable laws, rules and regulations. 3. The DISTRICT and the COUNTY shall, within one (1) year from the effective date of this Agreement, jointly develop a mutually acceptable management plan for the PROPERTY. Any and all improvements or permanent alterations to the PROPERTY must be described within a plan approved by both parties to. this AGREEMENT prior to their implementation. The DISTRICT shall assume primary responsibility for drafting the pian as it relates to the manipulation of the natural vegetative communities and the area within the WETLANDS. The COUNTY shall assume primary responsibility for drafting the plan as It relates to the areas OUTSIDE the WETLANDS and the development and operation of any recreational and educational facilities. An amendment to the plan may be proposed by either party to this AGREEMENT -2- Exhibit' D" at any time, however, both parties must agree in writing upon the amendments before said amendments are incorporated into the plan. 4. Prior to agreement by both parties to a management plan, the COUNTY will assume responsibility for the -surveillance.: and_ security, of- the PROPERTY. Land -management questions will be settled -by the -mutual assent of both parties to the agreement. 5. The COUNTY shall bear the cost of the planning, construction, operation and maintenance of any recreational facility on the PROPERTY. The COUNTY shall also provide the personnel and resources necessary to monitor and protect the PROPERTY and to insure the safety of the public. 6. The COUNTY may retain any fees or other revenues collected In association with any recreational or educational facilities=or programs operated by the COUNTY or a third party under contract with the COUNTY; provided, however, that any revenue derived from the use and management of the PROPERTY shall be utilized by the COUNTY for management, maintenance and capital improvement costs for the PROPERTY or for acquisition of other ; _nds meeting the criteria set forth in Chapter 373.59, Florida Statutes. 7. All structures or improvements placed upon or moved in or upon the PROPERTY by the COUNTY or the DISTRICT shall be deemed the personal property of the party placing or moving the personal property and shall not be attached to the land as a fixture. Should either party sell or otherwise relinquish its ownership interest in the property, the party relinquishing its ownership and interest shall remove its personal property unless the DISTRICT and the COUNTY jointly agree to some other method of disposition. Should either party sell or otherwise relinquish its ownership interest in the property, the other party shall have a right to purchase said interest on the same terms and conditions as any prospective valid conveyances for consideration. Such right shall be exercised in writing within 30 days from notice of prospective sale/ relinquishment of ownership interest. 8. Each party shall pay all lawful debts incurred by the party with respect to the PROPERTY and shall satisfy ail liens of contractors, subcontractors, mechanics, laborers, and materialmen with respect to any construction, alteration and repair in and on the PROPERTY, and any -3- Exhibit improvements thereon authorized by either party, its agents, or employees, and shall to the extent permitted by law, indemnify the other party against all legal costs; and charges, including attorney's fees reasonably incurred and reasonable attorneys' fees on appeal, in any suit involving any claims liens;_ judgments--or-encumbrances-suffered by either --party as -a result of the use:�or- occupancy.- of the- PROPERTY- or- any part- thereof- by either party, its agents or employees. Further, neither party shall have any authority to create any liens for labor or material on or against the other party's interest in the property, and all persons contracting with either party for the construction or removal of any structure, or for the erection, installation, alteration or repair of any structure or improvement on the PROPERTY, including- all materialmerr;- contractors mechanics- and -laborers- invalved€: im, such work-- shack benotified by the- party-- authorixistg the_ worfe* that they,-- must heymust look to that party only to secure the payment of any bill or account for work done or material furnished during the term of this AGREEMENT. 9. Notwithstanding any clause to the contrary, nothing under the terms of this AGREEMENT shall render one party to this AGREEMENT liable for PROPERTY damages or personal injury resulting from any activities of the other. Further, each party agrees to indemnify the other from and against all liability, loss or damage of any kind whatsoever that either party may suffer in consequence of the activities of the other party upon the PROPERTY, whether it is caused by the negligence or intentional activities of the other party, its agents, employees, those authorized to enter the PROPERTY or otherwise, including, but not limited to, ail attorneys' fees, investigation fees, court costs and all other costs and expenses whether direct or indirect, incurred in the compromise, attempted compromise, trial, appeal or arbitration of claims, including attempts to enforce this AGREEMENT. However, nothinc in this AGREEMENT is intended or should be construed as a waiver of sovereign immunity enjoyed by the parties signalpry hereto, as provided by Section 768.28, Florida Statutes. 10. During the term of this AGREEMENT, the COUNTY shall pay any and all taxes ( including but not limited to intangible personal property taxes and ad valorem taxes) or special assessments which may be levied or assessed against the PROPERTY or the improvements and personal property of the COUNTY or its leasehold interest in the PROPERTY and the improvements and personal -property. -4- Exhibit "D" 11. Should either party operate concessions through third parties, then the concessionaires shall be required to obtain from an insurance company licensed in the State and acceptable to the other party, liability or indemnity insurance.7- providing- for- mutually, acceptable- minimum- limits--. perr person or claims- ar)sing- from- any one- incident and with respect to bodily injuries or death resulting therefrom, and for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between either party and its concessionaires. Each party shall be named as an additional insured party for any such policies. 12. Either party to this AGREEMENT shall have the right, at any time, to inspect the premises and the activities by the other party to insure compliance with the applicable operational guidelines, specifications- and terms of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have duly executed this AGREEMENT to become effective as of the date and year first above written. Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: f COUNTY The County Indian River, Florida B y : Richard N. Bird, Chairman Beard --of, County Comiissions Attest:. `s Jeffrey Barton Clerk- of Ci it C ^ i (SEAT • C Executed on: November 5 , 1991 DISTRICT St. Johns River Water Management District ni#xxc, Chairman Joe E. Hill, ATTEST: fc4ax�ciUbcxxxFcnxa, Secretar' Lenore N. McCullagh, (SEAL) Executed on: 1991 Q.V v Exhibit "D" STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this (4.)"t t, day of 1991 by Richard N. Bird and Jeffrey Barton, the Chairman of the County Commission and the Clerk of the Circuit Court respectively, on behalf of the County of/Indian River, Florida.. Notary PubiiCrr-St tof F}nrirla J" PATROA BARGO HELD My Commission Expire .IM STATE OF FLORIDA COUNTY OF PUTNA M The foregoing instrument was acknowledged before me this 13th da of November 1991 b Joe E. Hill y y and Lenore N. McCullagh, asY Chairman and Secretary, respectively, on behalf of the Governing Board of the St ns River Water anagement District. otary, Public - State• FI Ida My Commission Expires:- NOTARY xpires:NOTARY PUBLIC. STATE OF FLORID/G h1Y COMMISSION EXPIRES; OCT. 29. 1 99a oONOLO tH11U NOTANT •U.UC UND[NITft LXVj APPROVED AS FORM: HN W. LI S, J.R.W.M.D. r. Assistant General Counsel Office of General Counsel 6 it loam RITa Co, AODroved Dale Admin f .� -.;If .q" Legal d 0-1y.9 Budael Dept. Risk Mgr. 1. u M Exhibit "D" EXHIBIT /k - (Page (Page 1 of 2) SURVE)'0R'S_ .DESCRIPTIOW THAT PORTTOFA'OF GOVERNMENT, LOW' 6 IN SEC KW I6, TGNNSIUP 33 SOU RA74GE 40� EAST; THAT PORTpIR=OFKS[Z' '-19 AtID�` COVEpfrAJENT I OTS 1, 2, 3, AND 4 IN SECTION 19, TOWNSHIP 33 SOUTH, RANGE 40 EAST; AND ALL OF GOVERNMENT LOT i, SECTION 20, TOYINSIIIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED,AS FOLLOWS* CO�CE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 19 AND RUN S.89'44'44 -W. ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, SAID LINE BEING THE CENTERLINE OF THE 100 FOOT WADE RIGHT OF WAY OF OSLO ROAD, FOR 305.00 FEET; THENCE RIJN N.00'11'31'W. FOR 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID OSLO ROAD, SAID POINT BEING THE POINT 4E_9ECITiNIL1G OF THIS DESCRIPTION: THENCE RUN 5.89'44'44"W., ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID OSLO ROAD, FOR 568.32 FEET; THENCE RUN N.12'19'05'W. FOR 1620.99 FEET TO THE SOUTH LINE OF THE SOUTH 102.00 FEET OF THE NORTH 1018.80 FEET OF THE SOUTHWEST 1/4 OF SAID SECTION 19; PIENCE RUN N.89'58'50'W., 1018.80 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE - SOUTHWEST 1/4 OF SAID SECTION 119, FOR 383.36 FEET; THENCE RUN N.1219'05 -W., 195.51 FEET EAST OF AND PARALLEL TO THE EASTERLY LINE OF THE 160 FOOT WIDE RIGHT OF WAY OF U.S. HIGHWAY NO. 1. FOR 2.06 FEET; THENCE RUN N.89'58'50 -W., 1016.80 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, FOR 200.13 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY NO. 1; THENCE RUN N.1219'05'W. ALONG THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, FOR 102.35 FEET TO THE NORTH LINE OF THE SOUTH 102.00 FEET OF THE NORTH 1018.80 FEET OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE RUN 5.89'58'50'E., ALONG THE NORTH LINE OF THE SOUTH 102.00 FEET OF THE SOUTH 1018.80 FEET OF THE SOUTHWEST 1/4 OF SAID SECTION 19, FOR 1819.26 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE RUN 5.89'58'SG'E, 916.80 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4, FOR 675.60 FEET; THENCE RUN N.0011'31 -W., 675.60 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, FOR 916.80 FEET TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE RUN 5. a 9'58'50'E. ALONG THE SOUTH UNE OF PIE NORMEAST 1/4 OF SAID SECTION 19, FOR 299.64 FEET; THENCE RUN U.0014'17'W., ALONG ME WEST LINE OF THE EAST 10 ACRES OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 19 FOR 1316.30 FEET TO THF. SOUTH LINE THE NORnIKST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE RUN f1.89'43'27 -W. ALONC THE SOUTH LINE OF DHE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 19 FOR 644.19 FEET; TTIEIICE RUN 11.0011'31'W., ALONG THE EAST LINE OF THE WEST 10 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 19, FOR 1319.21 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE RUN N.89'27'59'W., AIONC THE SOUTH LINE OF THE SOUTIIEAST 1/4 OF SAID SECTION 18, FOR 3 61 FEET; THENCE RUN N.0014'05'E., ALONG THE EAST LINE OF -DHE 'AEST 10 ACRES OF SAID GOVERNMENT LOT 6 FOR 1334,79 FEET; THENCE RUN S.89'34'21"E., ALONG THE NORTH UNE OF SAID GOVERNMENT LOT 6, FOR 1309 FEET, MORE OR LESS, TO THE SAFE UPLAND ELEVATION LINE (ELEV. OF 0.6 N.G.V.D.) OF THE WEST BANK OF THE INDIAN RIVER AS FIELD LOCATED ON JANUARY 15, 1990; THENCE MEANDER SOUTHERLY ALONG SAID SAFE UPLAND EIEVA.RON LINE FOR APPROXIMATELY 6,500 FEET TO THE NORTH LINE OF ME SOUTH 330.00 FEET OF SAID GOVERNMENT LOT 4; THENC; RUN 5.89'44'01'W, 350.00 FEET NORTH OF AND PARALLEL TO DIE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, FOR 822 FEET, MORE OR LESS; THE14CE RUN 14.00'14'17'W. FOR 319.00 FEET; THENCE RUN 5.89.44'01-W., 649.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19. FOR 1675.78 FEET TO EAST LINE OF THE SOUTHWEST ;/4 OF SAID SECTION 19: THENCE RUN 5.89'44'44'W., 649.00 FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF THE SOUTHWEST 1/4, FOR 304.22 FEET; TIIEIICE RU14 5.00'11'3.1'E.. 304.22 FEET WEST OF AND PARALLEL TO 'ME EAST LINE OF 111E SOUTHWEST 1/4 OF SAID SECTION 19, FOR 599.00 FEET TO THE eDWL4LJ3E91LTNNG. CONTAINING 297.9329 ACRES, MORE OR LESS. DEED .DE5CRIPTIOM Portions o1 Section 18, 19 and 20. To..nship 33 South, Range 40 East, Indian River County, Florida, being more particularly described as follows: All al Government Lot 6, Section 18, Township 33 South, Range 40 East, LESS the West len (10) acres of said Government Lot 6; All 01 Government Lot I, Section 20, Township 33. South Range 40 East; Government Lots 1, 2 and 3; and Government Lot 4, IESS those portions of said Government Lot 4, having been heretofore conveyed to Indian River Mosquito Control District on May 10, 1954 by Warranty Used recorded in Deed Book 88 at Page 261 of the Public Records of Indian River County, Florida, and LESS that portion of sold Covernmenl Lot 4, heretofore conveyed to E. J. Wood, J. L. Law, at d, by Warranty Deed dated November 10, 1911 and recorded In Deed Book 12 at Page 66 of the Public Records of Sl. Lucie County, Florida: the Northwest 1/4 of the Northeast 1/4, LESS the West len (10) acres thereof; and East ten (10) acres of the Southwest 1/4 al the Northeast 1/4; the Northwest 1/4 of the Southeast 1/4, LESS lhe:West-675.6 feet -of the Norlh 916 8 feel thereof; the -Southwest 1/4 of the Southeast -1/4, LESS the South 649 fast thereof; the South 102.00 feet of the North 1018.8 feel of the North 1/2 of the Southwest 1/4 thereof, lying East of the easterly right-ol-way of U.S. Ilignway No. 1, LESS (hose-parts--thereol-herelofore--conveyealAc Wcldo_:E. Sexton -end Ellxabeth M.- Sexton; hlsswlffs by WarraM.r-Deed<doted+Moy-2, 1951" -and recorded -in Oefd,Baotr%b7 at Page -93 of the Pubilc-Reeords>of Indlarw Rhrer• County. Florida;.thr=East 405.00' -teal -of the South 749.00.11sel-of-the Southeast 1/4 of the Soulhwesh:-1/4, LE55=lhr-East- - 305.OD feel -of (hr-Soulh-649-feet=of Sold •Southeost* 1/4 of the-Southwesw 1/4, all being In Seellon+19, Township�33 South, Range 40 East, Indian-Rivsr County, Florida, LESS the rights-of-way of Oslo Road and U.S. Highway No. 1, as now laid out and in use. PARCEL 8: All of the Southwest 1/4 of Section 19, Township 33 South, Range 40 East, lying East of the easterly right -al -way of U.S. Highway He. 1, LESS the South 749 feet of the East 405 feet, and LESS the North 1018.5 fest thereof, and LESS that portion lying parallel with the 570.01 feel easterly from (as measured at right angles to) the easterly right-of-way of U.S. Highway No. 1, and LESS the right-of-way at Oslo Road. Exhibit "D" �'. _L._ Y ..: _.-rte^-�r�.-Ziw.v.i'�T�� _sem -...� � ... • _—_� _ �:._•�-. .. _ �_ _ • _•LYS' 1' :�'.;.....� :.. �..; `_� � __� -..r.- _ —. .±� � ./.'r'!�-`:ice �+;���1[Y- :waif � �f.'.�f•;. r•7/S - :' w-� -..- _ - � - �C42.�:-T� V.,,r• y...� -: +�h�ib ��rw.T �� :: �_„� --� �hr'«'�' .1�«. L... ��.��'i.. o:-'+�"`:.t"`, :;"�.-^:7N tiiw .+�G•+c' �?si=_'` �:r-,�?'_ 'T, �"`S, V • :+,.�,', -'• .,,. � _ � _... ±,� , _ " — i EXHIBIT A I (Page 2 of 2) 41 t t 17 S Z I 111 — -I•��--�---�--- �.;� �- I I v if Ifr/ � I ice` ...�.� moi•='i-- � . . Sf it 11 _. �- , •. I•• .. IAI; 191. zo jo 29 Jc T11E PROPOSED ALIGNMENT FOR INDIAN RIVER BLVD. EXTENSION IS NO LONGER APPLICABLE - HAS BEEN VOIDW. Exhibit "D" EXHIBIT B (Page l'of 2) WETLAND DELINEATION M -WETLANDS 13 a 24 M P, SC .1 39* NP R7 _"4 AIGEVE ......... ...... "El ft5l SS. J. -CRLS P -wo lw Exhibit I'D" EX"I BIT B (P,g,2Of= k-j -ION it 13 IT two, it k22 h k It P. 1.z .09,9 k 3 .9r.10.00 Aps I it III m 4L I 111 g�n III z 9 '62C g Exhibit "D" Oslo Riverfront Conservation Area Plant List Common name Species name Habitat" Rosary peap Abrus precatorious P,R Red maple Acer rubrum F Leather fern Acrostichum danaeifolium W Giant leather fern Acrostichum danaeifolium F,W Pepper vine Ampolepsis arborea H Broom sedge Andropogon glomeratus D,R Marlberry Ardisia escallonioides H Jack-in-the-pulpit Arisaema acuminatum H Scarlett milkweed Asclepias curvassicum D,R Aster Aster aff. dumosus D,R Black mangrove Avicennia germinans W Saltbush Baccharis halimifolia D,R Saltwort Batis maritima W Tarflower Bejaria racemosa P Spanish needle Bidens alba D,R Swamp fern Blechnum serrulatum H Sea oxeye daisy Borrichia frutescens D,W Tough bumelia Bumelia tenax P Grey nicker bean Caesalpinia pulcherrima D Beautyberry Callicarpa americana H Cassia Cassia ligustrina R Australian pinep Casuarina sp. R Partridge pea Chamaecrista fasciculata D,P,R Snowberry Chiococca alba H Possum grape Cissus verticillata H,R Sour orange Citrus aurantium H Buttonwood Conocarpus erecta W Scrub mint Conradina grand flora P Rattlebox Crotelaria spectabilis R Carrotwoodp Cupaniopsis anacardiodes D,H,R Swamp cyrilla Cyrilla racemosa H Coin vine Dalbergia ecastophyllum D Air potatop Dioscorea bulbifera H,R Butterfly orchid Encyclia tampensis H Coralbean Erythrina herbacea D,H White stopper Eugenia axillaris H Frostweed Eupatorium serotinum D,R Seaside gentian Eustoma exaltatum D Strangler fig Ficus aurea D,H Yellowtop Flaveria linearis D Florida privet Forestiera segregata D,H Blolly Guapira discolor PI Exhibit "D" Habenaria orchid Habenaria odontopetala H Firebush Hammelia patens PI Scorpion tail Heliotropium angiospermum D Gallberry Ilex glabra P Morning glory Ipomoea cordatriloba R Virginia willow Itea virginica F Marsh elder Iva frutescens D Marsh mallow Kosteletzyka virginica W White mangrove Laguncularia racemosa W Lantanap Lantana camara D,R Peppergrass Lepidium virginicum D,R Sea lavender Limonium carolinianum D Christmas berry Lycium carolinanum D Rusty lyonia Lyonia ferruginea P Pink lyonia Lyonia lucida P Creeping cucumber Melothria pendula D,R Climbing hemp Mikania cordifolia D,R Wild balsam apple Momordica charantia D,R Red mulberry Morus rubra H Muscadine grape Muscadina munsoniana D,H,R Simpsons stopper Myrcianthes fragrans var. simpsoni F,H Wax myrtle Myrica cerifera D,F,H,P Myrsine Myrsine punctata D,H Lancewood Nectandra coriacea H Tuberous sword fernp Nephrolepsis cordifolia H Basket grass Oplismenus setarius H Giant panicump Panicum maximum D,R Virginia creeper Parthenocissus quinquefolia D,H,R Corky stemmed passion flower Passiflora suberosa Redbay Persea borbonia H Golden polypody Phlebodium aureum H Pokeberry Phytolacca americana D,H,R South Florida slash pine Pinus elliotti var. densa P Marsh fleabane Pluchea odorata D,R Wild plumbago Plumbago scandens H Wild poinsettia Poinsettia cyathophora D,R Resurrection fern Polypodium polypodioides H Cherry laurel Prunus carolinianum H Cattley guavap Psidium cattelianum H,R Guave Psidium guajava H,R Soft -leaved wild coffee Psychotria nervosa H Shiny -leaved wild coffee Psychotria sulzneri H Pineland bracken fern Pteridium aquilinium D,H,R Exhibit "D" var. caudatum D,H,R Myrtle oak Quercus myrtifolia P Scrub live oak Quercus gem inata P Chapman oak Quercus chapmani P Laurel oak Quercus laurifolia H,F Live oak Quercus virginiana H White indigo berry Randia aculeata D,H Mangrove rubber vine Rhabdadenia biflora D Red mangrove Rhizophora mangle W Shiny sumac Rhus copallina H,P Star rush Rhynchospora colorata R Rouge plant Rivinia humilis H Cabbage palm Sabal palmetto D,H,R Glasswort Salicornia virginica W Red salvia Salvia coccinea PI Elderberry Sambucus simpsoni H,R Brazilian pepper Schinus terebinthifolius D,H,R Saw palmetto Serenoa repens H,P,S Sea purslane Sesuvium portulacastrum D Catbrier Smilax sp. H,P,S Twinleaf soianumP Solanum diphyllum D,H,R Seaside goldenrod Solidago sempervirens D Thelypteris interrupta H Downy shield fern Thelypteris dentata H Hottentot fern Thelypteris interrupta H Widespread maiden fern Thelypteris kunthii H Seaside mahoeP Thespesia populnea D Quill -leaf wild pine Tillandsia setacea H,P Spanish moss Tillandsia usneoides H Green wild pine Tillandsia utriculata H,P Ball moss Tillandsia recurvata H Red wild pine Tillandsia fasciculata H,P Poison ivy Toxicodendron radicans H,P,R Gentian noddingcaps Triphora gentianoides H CaesarweedP Urena lobata R Shiny blueberry Vaccinium myrsinites P Climbing cowpea Vigna luteola D,R Southern fox grape Vitis rotundifolia H,R Shoestring fern, Grass fern Vittaria lineata H WedeliZ Wedelia triloba R Tallowwood Ximenia americana P Spanish bayonet Yucca aloifolia H Hercules club Zanthoxylum clava-herculis PI * * HABITAT KEY D = Mosquito control dike F = Freshwater wetlands (at quarry area) H = Hammock Exhibit "D" P = Scrubby pine flatwoods P1= Planted R = Ruderal (disturbed) areas S = Sand pine scrub W = Coastal wetland Prepared by Janice Broda with assistance from Dr. Nancy Coile, Botanist, Division of Plant Industry, Department of Agriculture and Consumer Affairs, Richard Moyroud, Mesozoic Landscapes, and Bob Stolze, Former Curator of Ferns, Illinois Natural History Survey Exhibit' D" Oslo Riverfront Conservation Area Bird List American Goldfinch M Chimney Swift R American White Pelican M Chipping Sparrow M American Oystercatcher R Chuck -will's -widow R American Coot R Clapper Rail R American Avocet M Common Moorhen R American Wigeon M Common Merganser M American Redstart M Common Goldeneye M American Woodcock R Common Loon M American Robin M Common Ground -Dove R American Bittern M Common Grackle R American Swallow-tailed Kite V Common Nighthawk R American Kestrel M Common Snipe M American Crow V Common Yellowthroat R Anhinga R Connecticut Warbler M Bald Eagle R Cooper's Hawk R Barn Swallow M Double -crested Cormorant R Barn Owl R Downy Woodpecker R Barred Owl R Dunlin M Belted Kingfisher M Eastern Phoebe M Bewick's Wren M Eastern Meadowlark R Black Rail M Eastern Bluebird R Black Vulture R Eastern Wood -Pewee R Black Skimmer R Eastern Screech -Owl R Black -and -white Warbler M Eastern Kingbird R Black -bellied Plover M European Starling R Black -crowned Night -Heron R Field Sparrow M Black -necked Stilt R Fish Crow R Black -throated Green Warbler M Forster's Tern M Black -throated Blue Warbler M Gadwall M Black -whiskered Vireo R Glossy Ibis R Blackpoll Warbler M Grasshopper Sparrow M Blue Grosbeak R Gray Catbird M Blue Jay R Gray Kingbird R Blue -gray Gnatcatcher R Gray-cheeked Thrush M Blue -winged Teal M Great Horned Owl R Boat -tailed Grackle R Great Black -backed Gull M Bonaparte's Gull M Great Blue Heron R Brown Creeper M Great Egret R Brown Thrasher R Great Crested Flycatcher R Brown Pelican R Greater Flamingo V Brown -headed Cowbird M Greater Yellowlegs M Brown -headed Nuthatch V Green -backed Heron R Bufflehead M Green -winged Teal M Canvasback M Gull -billed Tern R Carolina Wren R Hairy Woodpecker R Caspian Tern R Henslow's Sparrow M Cattle Egret R Hermit Thrush M Cedar Waxwing M Herring Gull M Exhibit "D" Hooded Merganser M Prothonotary Warbler R Hooded Warbler M Purple Gallinule R House Wren M Purple Martin R House Sparrow R Red Knot M Indigo Bunting R Red -bellied Woodpecker R Killdeer R Red -breasted Merganser M King Rail R Red -eyed Vireo M Lark Sparrow M Red-headed Woodpecker R Laughing Gull R Red -shouldered Hawk R Least Tern R Red-tailed Hawk R Least Sandpiper M Red -winged Blackbird R Least Bittern R Reddish Egret R Lesser Yellowlegs M Redhead M Lesser Scaup M Ring -billed Gull M Lesser Black -backed Gull M Ring-necked Duck M Lincoln's Sparrow M Ringed Turtle -Dove R Little Blue Heron R Rock Dove R Loggerhead Shrike R Rose -breasted Grosbeak M Long -billed Dowitcher M Roseate Spoonbill R Louisiana Waterthrush M Royal Tern M Magnificent Frigatebird V Ruby -crowned Kinglet M Mallard M Ruby -throated Hummingbird R Marbled Godwit M Ruddy Turnstone M Marsh Wren R Ruddy Duck M Merlin M Rufous -sided Towhee R Mottled Duck R Rusty Blackbird M Mourning Dove R Sanderling M Northern Harrier M Sandwich Tern M Northern Oriole M Savannah Sparrow M Northern Flicker R Scarlet Tanager M Northern Shoveler M Scrub Jay R Northern Gannet V Sedge Wren M Northern Waterthrush M Semipalmated Plover M Northern Mockingbird R Sharp -shinned Hawk M Northern Bobwhite R Sharp -tailed Sparrow M Northern Pintail M Short -billed Dowitcher M Northern Parula M Short -eared Owl M Northern Cardinal R Short -tailed Hawk R Orange -crowned Warbler M Smooth -billed Ani V Orchard Oriole M Snail Kite V Osprey R Snowy Egret R Ovenbird M Solitary Vireo M Painted Bunting M Song Sparrow M Palm Warbler M Sora M Peregrine Falcon M Spotted Sandpiper M Pied -billed Grebe R Summer Tanager M Pileated Woodpecker R Swainson's Thrush M Pine Warbler R Swamp Sparrow M Piping Plover R Tree Swallow M Prairie Warbler R Tricolored Heron R Exhibit' D" Tufted Titmouse V Turkey Vulture R Veery M Virginia Rail M Western Sandpiper M Whip -poor -will M White Ibis R White-cheeked Pintail V White -eyed Vireo R White -throated Sparrow M Wild Turkey R Willet R Wilson's Plover R Wimbrel M Wood Thrush M Wood Stork R Wood Duck R Worm -eating Warbler M Yellow Rail M Yellow Warbler M Yellow -bellied Sapsucker M Yellow -billed Cuckoo R Yellow -breasted Chat M Yellow -crowned Night Heron R Yellow-rumped Warbler M Yellow -throated Warbler M Yellow -throated Vireo M KEY M=migrant, R=resident, V=visitor Compiled by Dr. Jonathan Day, Florida Medical Entomology Laboratory Exhibit "D" Oslo Riverfront Conservation Area Snake List Southern black racer Yellow rat snake Southern ringneck snake Rough green snake Banded water snake Red rat snake (Corn snake) Compiled by Bruce Dangerfield. Based on casual field observations as of February 24, 2000. Coluber constrictor priapus Elaphe obsoleta quadrivittata Diadophis punctatus punctatus Opheodyrs aestivus Nerodia fasciata fasciata Elaphe guttata guttata Exhibit "D" Exlz3.bi.t E MANAGEMENT PLAN FOR INDIAN RIVER IWOUNDMENT #18 ( VISTA ROYALE) PREPARED BY: INDIAN RIVER MOSQUITO CONTROL DISTRICT P.O. BOX 670 VERO BEACH, FL 32961 MAY 10, 1992 Exhibit "D" I. INTRODUCTION.................................................................................................................1 II. MANAGEMENTPLANOBJECTIVES........... ... ....... ........................ ............... __............... 1 M. TECHNICAL CONSIDERATIONS A. HYDROLOGICAL AND TOPOGRAPHICAL CONSIDERATIONS—..... B. BIOLOGICAL ...................... ......................................................... ........... ............... � C. MOSQUITO POPULATION CONTROL..............................................................9 IV. MANAGEMENT CONSIDERATIONS................................................. _........................ 10 V. LITERATURE CITED ......... ................................................................... _........ ..... _....... 12 VI. APPENDICES A. FIGURES. 1. IMPOUNDMENT LOCATION (REY/KAIN INVENTORY). 2. IMPOUNDMENT CONFIGURATION (REY/KAIN INVENTORY) - WITH :FIGURE 3, INCLUDES CURRENT CULVERT AND PUMP STATION LOCATIONS. 3. IMPOUNDMENT DESCRIPTION (REY/KAIN INVENTORY). 4. PROPOSED CULVERT LOCATIONS. 3. WATER QUALITY AND FAUNAL SAMPLING SITES. 6. IMPOUNDMENT ELEVATIONS. 7. TIDAL INFORMATION_ 8. WATER CONTROL STRUCTURES. a. CULVERTS b. FLAPGATES C. BLEED -DOWN CULVERTS. d. PUMP. 9. HISTORICAL AERIAL PHOTOGRAPH - 1943. 10. CURRENT AERIAL . PHO'T'OGRAPH - 1992. B. TABLES. 1. 1992 WATER QUALITY DATA. a. DISSOLVED OXYGEN. b. SALINITY. C. TEMPERATURE. 2. 1992 FISH SAMPLING DATA (a -c). 3. AERIAL LARVICIDING DATA. Exhibit "D" L INTRODUCTION. This plan, which proposes improved management of Indian River (IR) Impoundment #18 (South Vista Royale), is in response to objectives as defined by the Subcommittee on Managed Marshes' (SOW for improving management of IR lagoon impoundments whenever possible. This impoundment, which has recently become public domain through purchase by Indian River County and the St. Johns River Water Management District, currently is not connected to the M. This proposed Rotational Impoundment Management (RIM) plan has been developed through an Indian River Mosquito Control District (IRMCD) contract with the Office of Entomology & Pest Control, Fla. Dept. of Agriculture and Consumer Services who are administering SWM/St- Johns River Water Management District funds. This beneficial arrangement will allow quick implementation of the plan. The format for this management plan follows SOMM guidelines adDpted in October 1989. IL MANAGEMENT PLAN OBJECTIVES. Since currently there are no culverts in Impoundment #18, the impoundment -lagoon connection being proposed will establish optimal culvert connection between the impoundment and IRI. and Frovide for improved pumping capabilities through the installation of a permanent e�lecttic pump. Also, because of the existing system of interior (breached) dikes, a. RIM management variation is possible and will be attempted here., IRMCD wi1_'i reconnect the southeast impoundment cell (=approx. 40 acres) to the lagoon with two (2) 30 in. diameter culverts then leave this cell interridal year-round It will become pwt of the summer flooding schedule only if, or when, the mosquito production becomes problematic there. The culvert opening and closing schedule proposed here for the remainder of the impoundment is consistent w-ith other RIM plans for this portion of the IRL. Culvert closing will be in the late Wring/early summer depending on rainfall patterns. The impoundment will be flooderd to a maximum of 1.8 ft. NGVD, a minimal flooding level necessary to cover mucz of the marsh surface. Culverts will be opened in the Lim summer/early fall when rising lagoon levels historically allow lagoonal water to flood the high marshes. This typical RIM plan will allow for IRMCD to continue (and improve) source reduction mosquito control benefits within this impoundment 1 Exhibit "D" IR Impoundment #18 Management Plan May 1992 while providing for fish, wildlife enhancement and the improvement of impoundment water quality. The exception to this schedule is the southeast cell which, as mentioned, will remain open to the lagoon as long as mosquito conditions permit. III. TECHNICAL CONSIDERATIONS. A. HYDROLOGICAL AND TOPOGRAPHICAL CONSIDERATIONS. 1. LOCATION. Impoundment #18 is located in the southern, mainland portion of Indian River County directly to the west of the Vista Royale development (Figure 1). The south relief canal is 0.6 mi. north of the impoundment's northern edge. The relief canal is the nearest major source of freshwater. The impoundment extends down almost to Oslo Road (Florida Medical Entomology Laboratory road) which is approx. 2 miles north of the Indian River/St. Lucie Co. line. 2. SIZE. The Rey/Kain impoundment inventory lists Impoundment 7#1 at 133 acres. The maximum width of the impoundment is approx. 2000 ft. with a perimeter linear dike length of approx. 3.0 miles. 3. TOPOGRAPHY. Marsh elevations determined in March -May 1992 show a highly variable marsh topography (see Figure 6). The marsh contour ranges from deep interior ponds to many hillocks supporting red and white mangroves. Marsh elevations along the western impoundment quadrats dictate the need for a flooding elevation of approx. 1.8 ft. NGVD. 4. DEKE CONFIGURATION. The dike, which skirts the entire impoundment perimeter is intact and varies- in elevation from approximately 25-3.5 ft NGVD but with several low spots. There are also numerous interior dikes dividing the impoundment into 7 recognizable cells. All the interior dues are breached allowing water to flow throughout the impoundment. Therefore water pumped into it at the pump station (NW corner) makes its way throughout the 'impoundment. There is also a Freshwater Pond (13 acres) which is adjacent to but not connected to the impoundment (Figure 2). We assume a freshwater well feeds this as it remains constantly flooded with nearly fresh water. 2 a Exhibit' D" IR Impoundment M Management Plan May 1992 5. SOIL TYPES. Our source of information on Indian River soils is the U.S. Dept. of Agriculture's Soil Conservation Service. This USDA report defines Impoundment #18 soils as "McKee mucky clay loam". This soil is described -as "level and very poorly drained. -formed in unconsolidated loamy or clayey tidal deposits and is inundated by fluctuating tides twice a day .... Slopes are less than 1 percent". 6. HYDROGRAPHY. Long-term lagoon tidal information for Indian River County is available from two sources - the Florida Medical Entomology's Oslo Road records (from 1959-1981) and the U.S. Dept. of Interior's records at the Wabasso Causeway (the southern extent of the Sebastian Inlet Management Area). The FMEI_ records are from the just outside the SE edge of Impoundment 18. Both tidal records demonstrate similar trends (i.e., seasonal highs in the late summer/fall with lowest water periods in the spring and summer) (Figure 7). Given Impoundment #18 close proximity to the FMEL station, we expect those tidal records to provide the most meaningful data for this site. The Indian River Mosquito Control District's recent and proposed flooding elevation is 1.8 ft NGVD. Our experience in this impoundment is that flooding to this level is necessary to inundate the many mosquito -producing hillocks at relatively high elevations. 7. WATER CHEMISTRY INFORMATION (See Figure #1 for sampling sites, Table 1 a -c for data). On eight occasions between Jan. 25 & April 25, 1992, dissolved oxygen (ppm), temperature (degrees C.) and salinity (ppt) was measured at up to 11 locations. The measurements show fairly typical temperature and dissolved oxygen .. concentrations for the winter/spring months. However, note the low salinities at virtually all impoundment locations (maximum impoundment uy--an=11 ppt). The lagoonal canal, which skirts the impoundment's north side is the water source for mosquito control pumping and is nearly fresh (mean=1.3ppt). The canal receives input from the Vista Royale development Also of interest is an approx. 13 acre isolated freshwater pond along the impoundment's western edge. Salinities in the pond averaged 1.0 ppt 8. STRUCTURES. a. EXISTING. Currently there are no culverts in this impoundment As mentioned, interior dikes are breached but no breaches occur in perimeter dikes. 3 Exhibit "D" IR Impoundment #19 Mlanapment Plan MAY 1992 b. PROPOSED. This plan proposes to install 9-30 in. diameter culverts at the locations delineated on Figure 4. Eight culverts (#1-8) will connect the impoundment with the lagoon and one culvert (#9) will be placed in an interior dike at a current breach location. In accordance with SOMM guidelines on previously reviewed RIM plans, the culvert inverts will be placed at -1.0 ft_ NGVD. Culvert locations have been chosen to try and provide optimal flushing through the impoundment when culverts are open to the lagoon. The plan also includes 3 bleed -down culverts, a design currently being evaluated by IRMCD at IR Impoundment 4r-2 (Golf Course/Indian River Blvd project). If experience shows them to provide improved water quality benefits, bleed -down culverts will be installed here as funding permits. Bleed -down culverts operate by allowing impoundment water pressure to slowly force bottom water through the culvert into the lagoon. Bleed -down culverts are planned to be placed near culverts #2, 4, & 6. A further description of how these culverts will be used is explained in IVB. - MANAGEMENT CONSIDERATIONS. 9. PUMP STATION. The existing pump station (located at the impoundment's northwest comer, Figure 2), which is now used for a portable electric pump, will serve as the site for the stationary electric pump as well. Since electric service (3 phase) is available within a few hundred feet by Florida Power & Light, hook-up to a permanent pump should proceed smoothly. Please note that the salinities from the pump intake canal (along the north edge of Impoundment #18) are very low so during the summer flooding period, low salinity water will continue to flood the impoundment. 14. ADJACENT AREAS- Several impoundments are located to the north and south of IR Impoundment #18. Below is a brief description of the most significant nearby marshes. a. IR IMPOUNDMENTS #19 (NORTH VISTA ROYALE). Adjacent to the north is a 52 acre impoundment which receives secondarily treated effluent from a polishing pond at the Vista Royale wastewater plant (max. capacity = OS million gallons/day). Typically the flow of wastewater keeps this impoundment flooded year-round thereby controlling mosquitoes through impoundment There is no connection between this impoundment and the lagoon (Carlson 1983, Carlson & Knight 1981). 2 Exhibit "D" IR Impoundment #18 Management Plan May 1992 b. IR IMPOUNDMENTS #20 (VISTA GARDENS) & 421 (SCHLMS). These two impoundments totalling 122 acres are just to the notch of IR Impoundment #19 thus within approx. 0.75 miles from South Vista Royale. These impoundments are interconnected with a culvert therefore both are flooded from one pump station. They have no connection to the IR lagoon. C. IR D4POUNDME14T #17 (LOWENSTETN). This 65 acre impoundment, abuts Oslo Rd. to the south, is breached and frequently is a producer of salt -marsh mosquitoes (Ae. taeniorhvnchus or Ae. sollicitans) thus typically in the summer requiring at least several aerial applications of Altosand (--methoprene). 11. OWNERSHIP. Impoundment #18 (and adjacent upland parcels) were z recently purchased by a joint venture between Indian River County and the St. Johns River Water Management District Indian River County is currently developing a management plan for the entire area purchased which also includes adjacent uplands. This management pian is intended to serve as a part of that larger plan scheduled to be completed in the fall of 1992. B. BIOLOGICAL SECTION. 1. AERIAL PHOTOGRAPHS. Figure 9 is a replication of a 1943 aerial photo. Please note the extent of parallel ditching conducted prior to 1943. The vegetation appears to be largely low-Iying plants (probably Batis maritima and Salicornia vireinica with mangroves lining deeper water. It is unknown the reason for the square area near the middle of the impoundment. It is possible that it was an early farming attempt of some sort. Figure 10 is a 1992 aerial As is the case with many other impoundments throughout the county, please note the extent of dead vegetation primarily caused by the Dec. 1989 freeze. 2. VEGETATION. a. PUMP CELL. Mostly dead plants with some new red mangroves (Rhizoohora mangle) dominate this cell_ Dense patches of widgeongrass (Rumia maritima) are present. 5 Exhibit "D" IR Impoundment #18 Management Plan May 1992 b. NORTHEAST CELL. This cell, which contains several large ponds (containing tarpon) also has mostly dead red mangroves with new ones coming in. In its interior are also some- Brazilian pepper (Schinus terebinthifolius) on numerous hillocks. Scattered leather fern (Acrostichum sop.) and white mangroves (Lasuncularia race mosa) is also present here. Dense patches of widgeongrass and a few scattered cattail (Tvpha spp.) are present. Also two types of ferns (apparently upland species) were noted- C. otedc. EAST TIP CELL. This cell is largely dead red with some white mangroves in the interior. Thcae are some open areas in particular in the north portion of this cell. Primarily red mangroves are sprouting up in the interior with a few scattered black mangroves (Avicenna germinans). A few leather fern and cattails were also present along with wklgeongrass. d. CENTER CELL. This cell is quite open with areas of dense dead red mang,-oves. New reds are colonizing. Widgeongrass and Chara are present. Numerous hillocks above the high water line occur here. e. CENTER WEST CELL. Dense areas of dead red mangroves are present with considerable recolonization by the same species along with scattered white & black mangrove. Also present are leather fern, Salicornia virzinica (giasswort) on numerous hillocks. f. SOUTHWEST CELL. Dense areas of dead red mangroves but with touch revegemtion occurring. Live vegetation includes red & white with occasional black mangroves, also dense leather fern in some locations. Ruppia and cattails present. Some upland wer,,Wground cover present in drier areas. Giasswort also present in a few locations. g. SOUTHEAST CELL. This cell is very open with, where vegetation is present, mostly red and infrequently white mangroves in the interior. Widgeongrass and Chara are also present. h. FRESHWATER POND. This pond, which is not connected to the impoundment, is densely vegetated with cattails and Chara. i. MUOUNDM ENT DEM. The perimeter and interior dikes are vegetated similarly to dikes throughout IRC. Brazilian pepper dominates . with scattered black mangroves, white _ mangroves and buttonwood (Conocarnus erecta). Some portions of the dike are densely vegetated with Sea daisy orrichia frutescens . In a few locations, Suaeda linearis (Sea blite) occurs. N. Exhibit "D" IR Impoundment #18 Management Plan May 1942 3. FAUNA. On four occasions in 1992 (Feb. 15, Apr. 4,11,25) a variety of standard sampling techniques (e.g., seine, box trap, heart trap, cast net) were used to determine the qualitative make-up of fish and macrocrustaceans occurring in the impoundment and provide some density estimates. Figure 5 shows the location of the sampling stations and Tables 2a -c list the organisms collected (or observed), their relative numbers and size range. Within Impoundment #18, the typical marsh resident fish were collected It is interesting to also note the large numbers of Lucania parva (rainwater killifish) present probably because of the overall lower salinities here. Also note the presence of tarpon and striped mullet both in the impoundment and lagoon at the pump station location. It is expected that with culverts connecting the marsh and lagoon, transient fish use of the impoundment will increase. Although the Freshwater Pond is not part of the impoundment per se, its close proximity provides additional habitat diversity in the area. In Table 2c note that 5 species were collected there including bluegill. This pond is a favorite for alligators. Both wildfowl and waterfowl commonly use Impoundment #18. Long- time IRMCD field crew members verify that this marsh has long been a favorite among duck hunters. The present occurrence of duck blinds there further verifies this fact.. On our numerous sampling trips to this marsh, many ducks were observed along with the typical marsh birds - Brown Pelican, White Pelican, Great Blue Heron, Tricolored Heron, Snowy Egret, Great Egret, White Ibis, Osprey, several passerine species and hundreds of Turkey Vultures! The avifaunal- diversity of this area is impressive. 4. CONSIDERATION FOR ENDANGERED SPECIES. The April 1, 1991 "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", which is published by the Florida Game and Fresh Water Fish Commission (FGFWFC), provides a summary of plants and animals listed by several agencies. Using the designated status as defined by the FGFWFC and the USFWS, below are animals which occur on that list which have been observed or in our opinion are capable of occurring at Impoundment #1. 7 Exhibit "D" IR Impoundment #18 Mansgement Plan May 1992 [SSC=Species of Special Concern; T=Threatened; T(S/A)=Threatened due to similarity of appearance; C2=A candidate for listing but not sufficient data to list; E=Endangered] FGFWFC USFWS a. FISH. (1) Centropomus undecimalis SSC (Common snook) (2) Rivulus marmoratus SSC (Rivulus) E• : ul' ,IIS : � i; - J[�1 � (1) Alligator mississi ensis SSC T(S/A) (Roseate spoonbill) (American alligator) (2) Egretta caerulea (2) Drvtnarchon corais coumi T T (3) (Eastern indigo snake) SSC C2 (3) Gopherus Polyphemus SSC C2 SSC (Gopher nzde) Egretta tricolor SSC " (4) " Nerodia fasciata taeniata T T Haemato -pus oalliatus (Atlantic salt marsh water snake) C. BIRDS. (1) Aiaia aiaia SSC (Roseate spoonbill) (2) Egretta caerulea SSC (Little blue heron) (3) Egretta rufescens SSC C2 (Reddish egret) - (4) Egretta thula (Snowy egret) SSC (S) Egretta tricolor SSC " (Tricolored. heron) (6) Haemato -pus oalliatus SSC (American oystercatcher) (7) Haliaeems leucocePhalus T E (Bald eagle) (8) Mvcteria americana E _ E (Wood stork) (9) Pandion haliaetus (Osprey) SSC (10) Pelecanus occidentalis SSC (Brown pelican) E� a Exhibit "D" IR Impoundment #18 Management Plan May 1992 Because our proposed management plan will establish seasonal laeoon- marsh connection and allow for more precise water level controls, we expect the plan to cause no further harm to these animals as compared to management conducted here since 1958. Based on the study of RIM effects in IRC impoundments, we expect the habitat improvement brought about by RIM to generally benefit wading birds. The seasonal drying allowed by RIM should further improve bird feeding potential by concentrating fish in ponds and the perimeter ditch. Research has demonstrated that RIM is basically compatible with the life cycle of several commericaliy and recreationally important fish, thus snook should benefit (O'Bryan et al). It is unclear what effect RL M - management has on Rivulus. Current theory holds that a RIM managed impoundment is preferable to a closed impoundment (Scott Taylor, pers. com.) but there is a lack of documentation of what real effects RIM may have. It is anticipated that there will be no further deleterious effects by increasing the number of culverts. Although impounding is believed to be harmful to the atlantic salt marsh snake by reducing their normal habitat during the summer, RLM implementation should not further harm this animal. Habitat should not deteriorate for the eastern indigo snake and the gopher tortoise. Of all the animals listed, the potential adverse effects for the alligator are greatest. It is expected that making Impoundment #18 seasonally intertidal will increase salinities when tidal water is allowed to penetrate the marsh (rye., fall/winter & Wig). However, given that the Freshwater Prand should not be influenced by culverting and that - sahnrties in Impoundment #19 (adjacent to the north) are virtually fresh, a large amount ,of freshwater habitat will remain in this immediate area for the alligators use. C. MOSQUITO POPULATION CONTROL SECTION 1• GENERAL. 11RMCD controls saltmarsh mosquitoes by Integrated Pest Management .(IPW methods. This variety of methods include the seasonal flooc$ng of impoundments, brvidding, and ground ULV (ultra low volume) adulticiding 'le different elements of this IPM program are implernentred on'a need basis. Need is determiried by incorporating reports from iIRMCD entomologists, biologists and field personnel on the presence. cof larval or adult mosquitoes. Also, reports and service requests from local residents are taken into consideration. Currently, 9 Exhibit "D" IR Impoundment #18 Management Plan May 1992 MMCD uses the insect growth regulator Altosid (methoprene) as its primary larvicide (applied aerially via fixed wing aircraft as Altosand) .and Dibrom (haled) and Punt (permethrin) as its primary adulticides. 2. PREVIOUS MANAGEMENT. a. CONSTRUCTION AND WATER MANAGEMENT OF IMPOUNDMENT #1. Impoundment #18 was constructed in 1958 following Fla. Dept. of Health guidelines, that only mosquito producing high marsh was to be impounded Since its construction in 1958, Impoundment #18 has been flooded only during the summer months (approx- May - Oct.) when salt -marsh mosquitoes are problematic. b. LARVICIDING FOR SALT -MARSH MOSQUITOES. Over the years, MMCD has employed a variety of larvicides. They have included chlorinated hydrocarbons (DDT, BHC), paris green and Florida Formula Oil have been used in IRC salt marshes.. Since the mid -1970's Altosid adsorbed to sand (Altosand) has been IRMCD's primary salt -marsh mosquito larvicide. To the best of our knowledge, all of the above- mentioned chemicals may have been used at Impoundment #18. 3. CURRENT MANAGEMENT. Currently at Impoundment #18 iRMCD employs an IPM program. This includes flooding of the impoundment during the summer months, typically larviciding the impoundment with Altosand when it is first pumped up in the late spring/early summer. Altosand is applied via fixed wing aircraft at the rate of approx.. 8 lbs. per acre (=2.0+ oz. per acre) with a flagger directing the aircraft to ensure even coverage. Ground ultra low volume ([TLV) adulticiding with Dibrom (naled) is conducted west of the impoundment in Vista Royale and nearby developments when the need is verified by District personnel- 4. ersonnel 4. MOSQUITO PRODUCTION. IRMCD has maintained records of aerial larviciding operations since 1976 with accurate records since 1984.. For the -period 1984-1991, all or a portion of Impoundment #18 was treated ?an average of 0.6 times per year (=52.8 acres/yr., Table 3). IV. MANAGEMENT CONSIDERATIONS. A RIM regime is proposed for Impoundment #18, similar to the plan currently implemented by IRMCD at other IRC impoundments, exccot that in an attempt to maximize marsh -lagoon interchange, the Southeast Cell will be left open 10 Exhibit "D" IR Impoundment #18 Management Plan May 1992 year-round - as long as mosquito production is not a problem from that cell. Also, by request of the Florida Medical Entomology Laboratory, the option of using this impoundment will be available as a future research site. Toward that goal, Dr. Jorge Rey has requested that culverts be placed at all interior dike breach sites. This can be accomodated as the need for it and funding allows. A. CULVERT CLOSURE AND INITIAL FLOODING. All culverts (except #5 & 6) will be closed and impoundment pumping will begin in mid -late May or after the first major rainfall causing salt -marsh mosquito egg hatching in the impoundment after April 15. Culvert #9 will be closed but culverts #5 & #6 will be left open. Typically one larvicide treatment is necessary to control mosquitoes hatching from the initial pumping. Pumping will be conducted on a need basis during the summer months to maintain the water level at approx. 1.8 ft. NGVD. B. USE OF BLEED -DOWN CULVERTS. During the closure period, the bleed - down culverts will allow for the drawdown of impoundment water and the use of some overpumping should it be deemed necessary. C. MOSQUITO PRODUCTION FROM THE SOUTHEAST CELL. If larval dipping during the summer management period shows mosquito production to become a problem, Culverts #5 & 6 will be closed and #9 will be opened allowing the Southeast Cell to_ become part of the • flooded impoundment system. However, reasonable efforts will be made to keep the Southeast Cell open. D. CESSATION OF PUMPING. IRMCD will_ cease pumping IR lagoon water into Impoundment #1 by Sept 1. E. OPENING OF CULVERTS. Using the bleed -down culverts, MMCD will begin a slow release of impoundment water by Sept. 15 to try and avoid a large sudden release of impoundment water to the lagoon. Culvert flapgates will be opened completely when impoundment water levels equal those in the IR lagoon. However regardless of water level discrepancies, all culverts will be opened no later than Oct. 15. F. ADDITIONAL CONSIDERATIONS. IRMCD will continue to monitor rainfall, impoundment water Ievels, larval and adult mosquito occurrence, chemical treatments and pumping records. If an operating permit is necessary for management of this impoundment, additional monitoring as required by the permit will be conducted. In the. past this has included measuring dissolved oxygen, salinity and turbidity at representative locations. 11 Exhibit "D" IR Impoundment 413 Mansgement Plan Mav 1992 G. MANAGEVI TN l' IMPLICATIONS. The effects of opening Impoundment #18 w the lagoon will be interesting. Since the water source for summer flooding will continue to be the near -fresh canal, summer salinities in the impoundment should remain low. However, opening of the culvert to the lagoon in the fall/winter & spring should allow saline water (>20 ppt) to restore more natural salinities to the marsh during that period. The winter dry - down period should aid in impoundment revegetation. However, if dry -down is thorough, the Ruppia beds could suffer thus adversely affecting a food source for ducks which frequent this impoundment. But as previously mentioned, there will still remain considerable freshwater habitat nearby with the Freshwater Pond and Impoundment #19 to the north. H. SUMMARY. IRMCD believes that the proposed management changes to IR Impoundment #18, which are consistent with SOMM goals, will improve management of the area for. 1) natural resources - by establishing connection between the impoundment and lagoon and by attempting to leave part of the impoundment intertidal year-round and 2) mosquito control - by improving pumping capabilities in an impoundment with a very uneven topography. As with the other plans now being submitted by IRMCD, we look forward to working with cooperating- agencies, in this case Indian River County, the St. Johns River Water Management District, the Dept_ of Agriculture and Consumer Services and the Florida Medical Entomology Laboratory -University of Florida, in implementing this important project. V. LITERATURE CUED. A. "A Guide to the Salt Marsh Impoundments of Florida", Jorge R. Rey & Tim Kain, University of Florida, IFAS -Florida Medical Entomology Laboratory, 1989, 447 pages - B. 'Me use of salt -marsh mosquito control impoundments as wastewater retention areas" (March 1983) Douglas B. Carlson, Mosquito News 43:1-& C. "Mosquito production and hydrological capacity of southeast Florida impoundments used for wastewater retention" (March 1987) Douglas B. Carlson & Robert L_ Knight, Journal of the American Mosquito Control Association 3:74-83. D. "Management Plan for Indian River County Impoundment #1 (Sebastian Inlet), Omega Realty Investments, Inc., July 30, 1990, 52 pages. E. . "Salt marsh mitigation: an example of the process of balancing mosquito control, natural resource, and development interests" (1990) Peter D. O'Bryan, Douglas B. Carlson & R. Grant Gilmore, Florida Scientist 53:189-203. 12 IN Exhibit "D" FIGURE 1. IMPOUNDMENT LOCATION INDIAN RIVER COUNTY SOUTH r� Scale: None FROM: Hey/Kain Imooundment inventory ('1989) FIGURE 2. IMPOUNDM- .NT CONFIGURATION Exhibit "D" 18 SOUTH VISTA ROYALE PUMP STA_IOY PUMP -CELL FSESHWATIE�_ POND VISTA ROYALE C =,NTER -A7-ST CELI SOU'E;+��ST CELL 0 600 Fr FAST TIP- CELL INDIAN RIVER LAGOON '+. :ELL . • moi. 50% Mixed Mangroves 10% - - Typhs sp. "Y = - 40% UnvegeWed lqOM: Rel/Kala 1989 Impoundment Ia7entory 190 299 -- - -- FIGURE j.E`'" tXPjbtTI K' -ENT DESCRIPTION Indi=an River Co. 18 SOUTH VISTA ROYALE GENERAL INFORMATION Acres: Date of Construction: Ownership: Location (UTM): Access: IMPOUNDMENT STRUCTURES DIKE Cond"dion of Dike: Acc essg)iiity: PUMP Type: calm Operation: CULVERTS 133 . 1958 & 1953 Private Ytsta Royale development east of U.& 1 IMPOUNDMENT MANAGEMENT Past Management Regitine: Seasonallyiiaoded during spring and summer 1358 -1988 Present Management Regime: Seasonally flooded during spring and sunvner Physical Parameters Monitored: None MOSQUITO CONTROL Larviciding: . Infrequent, usuaiiy once per year Larvicide Used: Methoprene Aduiticiding: Infrequendy conducted in area near impoundment IMPOUNDMENT VEGETATION Mangroves - mixed 50% Typha sp. 10% Unvegetated 40% FROM: Rel/Kain Imlioumfbient Inventory (1989) 298 1989 tN FIGURE 4. CULVERT #1 PROPOSED CULVERT LOCATIONS Exhibit "D" is SOUTH VISTA ROYALE CULVERT 02 VISTA ROYAL CULVERT 1 .: r. •ter � .• r .• ' ,ti ;•.r �-• •r r r s• , ;r. INOM AIV �,•'�r''r JL' :.RT ~ �L3 r• •til; r,' t '�, • `r : :,�'•ti r.. CULVERT 45 •. •'r rti• ti. r, • ~•, r• rte•• • r• .• '• r 201 - UMP STATION 1.01 — PUMP STATION TmP. HQ 11 .02a — PERIMETER DITCH Nii _-�)5 — —7 ESyW_i-7-_ . CE Fr ilk L 103b — PEEIXE-ICE s, DITCH 102'a - PE.�Ii'CT DI 1 IRL YiQ 10 Exbibit "ll" FIGURE 5. WATER QUALITY & FISH SAMPLING STATIONS. L" 103a — PERIMET-EM DITCH- ,~ lam• •• •,' • � t� r •• • ,• ••' •r : %'INDIM SIV ,� '~ ' •'~ '•,r•�r~•%-rte': r • � ti, — ,yr •,•ry -•r. � •j ,y�, •J• • . y•.`r• 'r• r • • fry . • :`• • �;. .,• .ti. f••. •.rte ••, •• r` • `.• •, •• 33a — PERIMET-ER DITCH ••,yr ON •• yrs ••y. • r •'' r 'r •- VISTA ROYAL FIGURE b. ELEV4rI0NS, Fxhibit "D" SOUTH VISTA ROYALE • ` •' .tirti � r r r •� .,�' .l . ti • r r . f •• •' •.% • • •:� :- • ,•� ,�•• .•;.•tip .r • :�• ter~ � _ • • •.,,• •` •Z(. � •� Cis • : _ . r,• r• INDtAN• RIV •f ,� •.•• • ter~•'• • ,• � •„ _ _ •'r r �•, •ter` : '�• •� f: • • • ti :.l . • :; '. Exhibit "D" ELEVATIONS (NGVD) AT IR IMPOUNDMENT #18 (SOUTH VISTA ROYALE) SITE ELEVP_TION SITE ELEVATION 1 -1-03 31 0.25 2 0.84 32 0.92 3 0.79 33 0.42 4 0.02 34 0.42 5 0.63 35 0.17 6 0.34 36 0.67 7 -0.12 37 1.13 8 -0-01 38 1.58 9 -0.04 39 1.25 ''-0 1.50 40 1.34 IZ 0. 41 1.58 1.34 12 1. GO - 13 -0.L2 I 43 1.04 14 0.2:9 as 1 - 15 1.9 45 1.58 16 0.5:� 46 0.42 17 1.5x4 j 47 0.34 18 -1.5 3 48 -0.41 19 -1.2 49 1.17 20 0.7L T50 -.08 21 1.1� 51 22 0.215 52 1.17 23 -1.L2 53 I 1.00 24 0.5z 54 0.42 25 -1.:25 55 0.25 26 0.5.'0 27 -1.X49 56 57 1.42 0.67 28 29 30 0".0:3 0.5'x0 -1.333 58 59 I 60 i-50 1.59 1 .63 Exhibit "D" ELEVATIONS AT IR IMPOUNDMENT #18 (SOUTH VISTA ROYALE) SITE ELEVATION I SITE ELEVATION 61 1.59 91 0.18 62 1.42 92 0.27 63 0.67 93 -0.06 64 0.42 94 -1.23 65 1.25 I 95 -0.98 66 0.36 96 -0.08 67 0.97 I 97 0.04 68 0.49 98 -0.10 69 1.09 99 -0.89 70 -0.79 100 0.02 71 1.51 72 1.27 73 -0.24 74 1.59 75 1.51 76 1.59 77 1.34 78 1.59 79 1.21 80 0.59 81 0.76 82 -0.06 83 0.18 I 84 0.27 85 0.18 86 0.15 87 -0.02 88 0.27 89 -0.06 90 0.15 r V) V) 0 n z VJ z Z 0 z C 1 Exhibit "D" 14 co FIGURE, 7. IRL yLEVA r I. vnvs FROM: 1989 Omega Realt7 report on I F'-7 Sa, 'MATER CONTROL STRUCTURES - Erni �L 4 CULVERTS C' r \ o 1 Exhibit "D" GATOR GA -40 FLAP GATE NOMENCLATURE DRAWING -FRONT ELEVATION SPIGOT BACK HINGE SUPPORT BRACE HINGE SUPPORT BAR SEAL 4 GASKET 51 5 RING 5 HORIZONTAL HINGE ADJUSTMENT ASSEMELY 7 VERTICAL HINGE ADJUSTMENT ASSEMBLY, HINGE MOUNT 9 HEAD D HEAD SUPPORT SAR I HEX HEAD BOLT ANCHOR BOLT LIFTING HOLE U FLAT BACK 01 0 I Exhibit "D" FIGURE 8c. BLEED -DOWN CULVERT INDIAN RIVER LAGOON SIDE' BUTTERFLY VALVE IMPOUNDMENT SiDE INTAKE, AT 14AX11MUM DEPTH IN PERIMETER DITCH a Exhibit "D" FIGURE 8 d. ELECTRIC PUMP. < z < :4 < < —Z:=z <� Q -2 < Z < z CC z < CX C-1 z X a < < z L.J z z Z) < a cu LLJ Z zz <— C < W - Z 7 !2- a: M: �. --.a.��:c•ii•::: a{.ter. .- ._tea.. ....�.�+�..._ _ .... w ... .. ..• - :•:- .- ,�. •.:. •. � ~ i'��" ..t?v_*~•�� '`_ice 9• HISMRICAL PHOTO 1943 •.•tr::.- ��••,.��Z.= ,.• �:A•i.•.« s �'- Exhibit "D'• knz :}.�/�•.M '•� :J,:is i! :t.: -•fes •.is i:. :{ � Zt. ril x" - kz. .. 5 +{ � '✓� � 1._ :.: is C: J %��s�� "�-•�,,.r��,� :� �.�' .v - �. ,�,. ; r^ •sem �r . . � AM Zz ZZ J4 17 VIC DIY "�+..-+�'' ��'F t-'; =i:�� �+�.�: �•��- -t x �'?-' �'�s�, � _ ••s. _. r.�•. �:5::%7.::•; :.:J y SS �5�: :ill._ ��t�.•� � ,l "�'-_ :iia :*-'- :F•• t -r: ?►` '1• _'=ice. - _-•S : J7,�i'�'• i• ' -:"mss-s- J. •:. lt. _• •st -• Sit IF - T-� .'._ • � �'w.f `mom `�.F:'• �' �? �- - - .-�� i ��.•��. f �• • -Y :Jl' - .: `:�.• . ter` •r � •`�.. -�.- .tilt �� � a+ 'i� -• f � o` . ' ,- Wit. �?-_ ~� .:�:�►a-s •�.1-:':.:��•i- .� . - fie. '���- - ;: TABLE la. ZISSdt'DdiC-aF-I,4 DISSOLVED OXYGEN - AFTERNOON SAMPLES WATER QUALITY SAMPLING - VISTA ROYALE IMPOUNDMENT STATION DISSOLVED OXYGEN - MORNING SAMPLES DATE 1 2 3 4 STATION 6 7 8 9 10 DATE 1 2 3 4 5 6 7 8 9 10 11 EAST TIP WEST SOUTH SOUTH INTER INTER. EAST TIP NORTH PUMP ST PUMP ST IMP POND D(TCH IMP OUT IMP RIVER DITCH DITCH DITCH OUT IN 2115/92 5.0 3.8 5.5 7.0 32 3.3 2.0 4.5 3.5 5.5 32 4/4/92 3.4 2.8 7.0 6.3 1.8 4.5 2.1 4/11/92 3.0 12 1.3 2.4 4/25192 12 6.8 1.0 3.1 1-5 MEAN 32 25 3.4 4.7 32 3.3 2.0 4.5 2.1 4.4 2.3 STD DEV 1.4 1.3 2.1 2.3 0.0 0.0 0.0 0.0 1.0 1.0 0.7 DISSOLVED OXYGEN - AFTERNOON SAMPLES STATION DATE 1 2 3 4 5 6 7 8 9 10 11 POND WEST SOUTH SOUTH INTER INTER. EAST TIP NORTH PUMP ST PUMP ST DITCH IMP OUT IMP RIVER DITCH DITCH OUT IN 1/25192 4.3 4.2 9.0 7.5 2.6 2.9 3.2 8.0 2.8 7.0 6.3 2/14/92 7.8 7.7 8.5 8.8 4/3/92 6.8 6.4 62 4124/92 8.7 8.2 5.9 -20.0 MEAN 6.9 6.0 8.8 8.2 2.6 2-9 3.2 8.0 5.5 6.4 10.8 STD DEV 1.6 1.8 0.3 0.7 0.0 0.0 0.0 0.0 2.7 0.4 6.5 TABLE lb. SALINITY Exhibit "D" WATER QUALITY SAMPLING - VISTA ROYALE IMPOUNDMENT SALINITY - AFTERNOON SAMPLES SAUNITY - MORNING SAMPLES STATION DATE 1 STATION 3 4 5 6 7 8 9 10 11 DATE 1 2 3 4 5 6 7 8 9 10 11 DITCH WEST SOUTH SOUTH INTER INTER EAST TIP NORTH PUMP STA PUMP STA 5 POND DITCH . IMP OUT IMP RIVER DITCH 2 6 DITCH OUT IN 2115/92 0 6 10 20 10 22 5 5 5 2 5 4/4192 0 4/24/92 2 8 2 5 4111/92 2 6 12 25 425/92 2 2 6 MEAN 1.0 5.5 8.5 13.5 7.0 6 0 5 MEAN 1.0 6.0 11.0 22.5 10.0 220 5.0 5.0 6.3 1.3 5.0 STD DEV 1.0 0.0 1.0 2.5 0.0 0.0 0.0 0.0 1.2 0.9 0.0 SALINITY - AFTERNOON SAMPLES STATION DATE 1 2 3 4 5 6 7 8 9 10 11 POND WEST SOUTH SOUTH INTER INTER. EAST TIP NORTH PUMP STA PUMP STA DITCH IMP OUT IMP RIVER DITCH DITCH OUT IN 125/92 0 5 7 11 7 26 7 7 6 2 6 2114/92 2 6 10 16 413,792 0 4/24/92 2 0 5 6 2 6 MEAN 1.0 5.5 8.5 13.5 7.0 26.0 7.0 7.0 6.0 1.3 5.7 STD DEV 1.0 0.5 1.5 2.5 0.0 0.0 0.0 0.0 0.0 0.9 0.5 TABLE 1 c . TEXPOPAruRE WATER QUALITY SAMPLING - VISTA ROYALE IMPOUNDMENT TEMPERATURE - AFTERNOON SAMPLES TEMPERATURE - MORNING SAMPLES STATION STATION 1 2 3 4 5 6 DATE 1 2 3 4 5 6 7 8 9 10 11 INTER INTEFL WEST SOUTH SOUTH INTER INTER NORTH EAST TIP NORTH PUMP STA PUMP STA IMP POND DITCH IMP OUT IMP RIVER DITCH DITCH DITCH OUT IN 2/15/92 19.0 19.0 21.0 21.5 20.5 20.5 20.5 20.5 20.5 20.5 19 414192 17.5 21.5 20.0 22.0 23.0 18 19.5 19 4/11192 25.0 24.0 23.5 23.5 21.5 4!25/92 25.0 22.0 21.5 4/24192 30.0 26 27 25- SMEAN MEAN 21.6 21.5 22.3 22.5 20.5 20.5 20.5 20.5 21.5 22.3 21.0 STD DEV 3.4 25 1.3 1.0 0.0 0.0 0.0 0.0 3.3 3.3 2.8 TEMPERATURE - AFTERNOON SAMPLES STATION DATE 1 2 3 4 5 6 7 8 9 10 11 POND WEST SOUTH SOUTH INTER INTEFL EAST TIP NORTH PUMP STA PUMP STA DITCH IMP OUT IMP RIVER DITCH DITCH OUT IN 1125/92 12.5 13.0 12.0 11.0 12.0 11.0 11.0 12.0 14.0 15.0 15.0 2114192 21.5 20.0 22.0 23.0 413/92 21.5 22.0 21.5 4/24192 30.0 30.0 29.0 28.5 MEAN 21.4 16.5 17.0 17.0 12.0 11.0 11.0 12.0 22.0 220 21.7 STD DEV 62 3.5 5.0 6.0 0.0 0.0 0.0 0.0 8.0 5.7 5.5 a Exhibit "D" TABLE 2a. FISH SAMPLING - VISTA ROYALE IMPOUNDMENT STATION 18 - 101 PUMP STATION IMPOUNDMENT CAST NET, PULL SEINE SAMPLING DATES / NUMBER (SIZE RANGE {mm}) February 15 April 4 • April 25 LYPvlodon variegaL.rs minnow) 42 (30 - 45) DonrAatwmawlabm (W sleeper) 36 (45-110) Eucir p. ( a) Fundukis cordk;enb., (march jaWtsh) . 2 (47 - 70) Gambusia ho@xooid (rtbsquito 5sh) Lucania 7290 02-33) parva (rairtwgisr Itfffflqh) 3 20-m Meg&JOPs adandc u 1 (135) C—p-n) 3 - 290) Mugil cephwLm (striped mullet) 1128', Paleomonetes spp. (g� shrimp) �4 (12 - ZT ' PoectTia ladpinna (saitfin mom 28 (25 W) . denotes total numbers dete..... d by a&;tmt FSH SAMPLING– VISTA ROYALE IMPOUNDMENT STATION 18 - 201 PUMP STATION RIVER CAST NET SAMPLING DATE -:S / NUMBER (SIZE RANGE {mm}) 2(100-105) TOTAL / TOTAL RANGE 42(30-45) 38(45-110) 1 (95) 12(47-70) 7290 (12 - 33) 6(20-29) 6035-290) 1 (128) 5064 (12 - 28) 1128 (26 - 50) TOTAL J TOTAL RANGE February 15 Aprfl 4 April 25 Megalops aUamicus t Y310) 2 (tarpon) 1(45) 2 (245 -310) Mugi1 cephalus 1 () (striped mullet) 5(210-260) 6 (210 - 260) Calru*cte s sapi hM (blue crab) Cfp t pehead ma+JOWi Domiitaw ntaculatue (Ew spm) Fundulus eonfluenen (nuwsh ) Funduha Vwbdis (putt 1 ilsh) Gambusia ho[brooW (rnoea{udo fish) Lucania parva (rak vrater kOf h) Pale0mor-ft3 spp. (9— gip) PoeaTia ladpinna (sailfin mdty) Pollywog Cyprtnodon variegalus (sheepshead mi--) Dormitator macutatus (fat Funduius eortfluerdus (marsh kffdiish) Gambu3ia hoibrooid (mom fish) Lucania parva (rairlvvater kffifrstt) Paleomonetas spp. (9-- imp) Poeci%a latipinna (saaf in molty) EABLE,14 w,, FISH SAMPUNG - VISTA ROYALE IMPOUNOMENT STATION 18 - 102 PERIMETER DITCH BOX TRAP SAMPLING DATES / NUMBER (SIZE RANGE (mm)) February 15 April 4 Apra 11 2(120-140) 2(24-39) 5(16-35) 20(24-44) 1 (45) 1 (54) 60(17-30) 127 RO - 35) 40(16-30) 6(20-40) 1 (50) 90(15-35) 32(17-32) 42(16-30) 26(20-35) 1 (48) 2 (45 - 7t>1 1 (59) 712 (17 - 37) 66 (23 - 26) 78 (12-26) 66(25-40) FISH SAMPLING - VISTA ROYALE IMPOUNDMENT S T AT)ON 18-103 PERIMETER DITCH -ALL SITES HEART TRAP SAMPLING DATES / NUMBER (SIZE RANGE {mm}) February 15 April 4 Aprd 25 1 (20) 2(25-35) 9(15-30) 27(14-31) 66(10-31) 8 (15 - 27) 5 (36 - 66) 4(15-23) 1 (19) 158(15-31) 8(17-40) 1 (85) ApN 25 26 (13 - 25) 34(15-30) 33 (15 - 27) 33(22-44) 15(15-20) 2(22-25) 161 (13-30) 1 (19) TOTAL/ TOTAL RANGE 2(120-140) 36(12-47) 2(42-48) 4(45-70) 2(54-59) 888 (13 = 37) 259(15-35) 193(12-30) 131 (20 - 44) TOTAL / T OTAL RANGE 1 (20) 6(36-85) 2(25-35) 28(15-30) 30(14-31) 385(10-31) 17(15-4(3) a Exhibit "D" FISH SAMPLING - VISTA ROYALE IMPOUNDMENT I'A.:-LE 2c. STATION 16 - 104 PERIMETER DrrcH SOUTH PULL SEINE SAMPLING DATES / NUMBER (SIZE RANGE {mm}) TOTAL / TOTAL RANGE February is (-) Apel 1 1 (1) Calliinectes sapidus 2 (155 - 160j (100 - 140) no species numbers recorded role crab)2+ (100 - 160) Cypnnodon variegates 50 (17 (13-4-5) STATiQJN 18 -105 FAESHWATER CELL (sheepahead minnow)) 50+(13-45) Fundulus grandrs SAMPUNOG DATES / NUMBER (SIZE RANGE {mm}) (sem ►a�rfish) (411 1 (41) Gambusia holbroold 1000 (19 - 30p (12-32) APn125 (mosquito fish) (heart trap) (heart trao) 1000+ (12 .32) Lucania parva 400(20-28) (19 (rainwater killifish) (mosquito fish) CBS 5(14.37) 400+ (19 - 33) Paleomonetes spp. Heterandia formosa (grass shrimp) (least k llFhah) (16-25)2+ (16-25) Poeciliia latipinna 50(17.25) 15 - 2'� !serif in molly) (bluegiiD 083 1(130) 50+(15-25) M = total numbers determined by aliquot Lucania parva except for Callinectes lapidus (rainwater kdtifish) 5 i28-311) 1(32) (20-31) (1) = quantitative only, species and range determined no species numbers recorded FISH SACMPUNG - VISTA ROYALE IMPOUNDMENT STATiQJN 18 -105 FAESHWATER CELL HEART W / PULL SEINE SAMPUNOG DATES / NUMBER (SIZE RANGE {mm}) TOTAL / TOTAL RANGE April 11 April 25 APn125 (heart trap) (heart trao) (Pup seine) Gambusia holbrooki (mosquito fish) CBS 5(14.37) (10 - 3b7 5+ (10-37) Heterandia formosa (least k llFhah) 1 (17) 1 (1 7) Lopomis macrochhm (bluegiiD 083 1(130) (12-18) 1+ (12-130) Lucania parva (rainwater kdtifish) 5 i28-311) 1(32) (20-31) 6+ (20 - 32) Paleomonetes spp. (grass shrimp) 2(25-29) (19-31) 2+ (19-31) = Species samP6ng only, no number, recorded Exhibit "D" TABLE 3. IMPOUNDMENT 7#18 AERIAL LARVICIDL 1G DATA. YEAR # TREATMENTS ACRES TREATED #'S ALTOSAND 1977 NA I 1120 NA 1978 NA I 85 NA 1979 I 0 , 0 0 1980 0 0 0 1981 NA i 191 NA 1982 5 111 888 1983 2 60 480 1984 I 1 60 480 1985 I 1 47 376 1986 1 I 50 400 1987 1 133 1064 1988 0 0 0 1989 I 1 + 133 1064 1990 0 0 0 1991 0 0 0 MEAN 84-91 0.6 52.8 423 i Exhibit I'D" IE xh !L It> fL -it-- v 11A poll . PC 10 so mol VA .91. II I!j IT---- - --- or 5� lid f 620.9 !J .............. Gj —j C� IE xh !L It> fL -it-- v 11A poll . PC 10 so mol VA .91. II I!j IT---- - --- or f 620.9 !J .............. Gj —j C� Is H10 Exhibit "D" DRAFT v 10...2-17-09 INDIAN RIVER LAND TRUST Lagoon Greenway Plan Purpose of the Lagoon Greenway The purpose of the Indian River "Lagoon Greenway" is to create a trail system for public access to the Indian River Lagoon between the South Relief Canal and the lith Street Bridge for a variety of recreational and educational uses. Overview of Greenway Plan The Lagoon Greenway Plan is the means to bring the Lagoon Greenway to reality. Based on the goals set forth below, the Plan encompasses three major elements: 1. Resource inventory and an analysis of the opportunities and challenges associated with the establishment of a greenway trail system and related facilities; 2. Layout and cost estimates for proposed phased trail/elevated walk segments, parking areas, access points and amenities; and 3. Recommendations for an organizational structure, timeline and possible funding sources for the Lagoon Greenway's development and long-term management. Lagoon Greenway Goals The following set of goals and strategies for the Lagoon Greenway are derived from discussions among involved local and state agency staff, members of the Lagoon Greenway Advisory Committee and Indian River Land Trust board and staff. 1. Create a continuous set of pathways for non -motorized use through the upland and lowland areas along the Indian River Lagoon with ample public access as appropriate. a. Make use of existing unimproved mosquito district impoundment roads b. Provide a diversity of connected pathways and boardwalks c. Create safe direct access from adjacent neighborhoods and public properties 2. Provide for a diversity of recreational and educational opportunities within the Greenway Planning Area as appropriate for the residents and visitors of Indian River County. Recreational activities should include: a) bicycling, jogging and walking; b) lagoon viewing; c) canoe/kayak access; d) fishing; e) wildlife observation & study; and f) fitness. Page 1 of 4 Exhibit' D" DRAFT v10...2-17-09 3. Continue to protect and conserve the natural resources of the Lagoon and adjoining wetland and upland habitats. a. establish a schedule for trail and wetland clean ups b. develop goals & strategies for long-term abatement of invasive plants c. coordinate efforts for other improvements to the natural resources 4. Establish interpretive facilities (and corresponding programs) for educating the public of the significance of the Greenway's local natural and historic resources and the need for their management. Interpretive facilities should include: a) trail and interpretive signage; b) trailhead kiosks and observation decks to accommodate individuals and/or groups; c) distribution points for educational materials; and d) wildlife blinds (viewing areas). Topics to consider for interpretation include: a) interaction of the native mangroves with the IR Lagoon; b) importance of Greenway area for mosquito control; c) wetlands as important absorbers of excess rainwater; and d) people's historic and present interaction with IR Lagoon. Greenway Background and Initiative During the 199o's, several properties along the Indian River Lagoon south of the 17th Street Bridge in Vero Beach were protected from development by a combination of outright purchases or with development mitigation easements for projects along Indian River Boulevard. They were protected primarily to conserve the native wetland habitat and buffer the shoreline of the Lagoon. These properties which are in both public and private ownership are made up primarily of mangrove swamps ringed by impoundment roads managed by the Indian River County Mosquito Control District for minimizing the mosquito populations of eastern Indian River County. The mangrove swamps along the Indian River Lagoon are very important wetlands for a variety of reasons. They are an important nursery for spawning and early growth stages of a variety of native fish species. They provide an important natural protection during tropical storms to prevent erosion and destruction of shoreline and nearby structures from wave action, wind and flooding. Lastly, they harbor a large variety of native plants and wildlife important for maintaining a healthy ecosystem. In 2007, a local citizens group and the Indian River Land Trust, which owns one of these properties along the Lagoon, established the idea for an Indian River Lagoon Greenway situated between the South Relief Canal and the 17th Street Bridge. Working with the citizens group, now the Lagoon Greenway Advisory Committee, together with staff from the Mosquito Control District, the Florida Inland Navigation District, and the Indian River County Environmental Lands Program, IRLT has set forth this plan for the Indian River "Lagoon Greenway." Page 2 of 4 Exhibit "D" DRAFT v10...2-17-09 Supporting Greenway Maps The four supporting maps for the Lagoon Greenway Plan are as follows: Map #1— Location Overview This map indicates the Greenway Planning Area in relation to surrounding community features and neighborhoods. Map #2 — Greenway Aerial This map is an aerial photograph marking the total potential Greenway Planning Area. Map #3 — Existing Greenway Resources The Existing Greenway Resources map illustrates the types and location of existing features that create opportunities for development of the Lagoon Greenway. Map #4 - Greenway Plan The Greenway Plan map depicts a series of trails and facilities to be constructed in phases during the development of the Lagoon Greenway. Summary of Key Maps The following is a description of the features found on Map #3 (Existing Greenway Resources) and Map #4 (Greenway Plan). Existing Greenway Resources (see Map #3) An inventory of existing Greenway resources, with a map showing the types and location of existing features, is critical for identifying and analyzing the opportunities for development of the Lagoon Greenway. The inventory is important for understanding the setting of the area and the physical relationship among these features. The map, which encompasses both the Greenway Planning Area and surrounding properties, identifies the following features. 1. Existing Prominent Land & Water Features Indian River Lagoon, canals/ditches, impounded wetlands, earthen impoundment roads, Lagoon access and viewpoints (4) 2. Nearby Significant Historic, Cultural and Recreation Sites Public garden (McKee Botanical), public golf course. Page 3 of 4 Exhibit "D" DRAFT v10...2-17-09 3. Existing Land Ownership Property ownership (see below), municipal highways/roads. The total Greenway Planning Area properties under consideration for potential development of the Lagoon Greenway, from north to south, are as follows: Hoffman = 35 acres Florida Navigation Inland District = 53 acres Indian River County, et a1= 38 acres River Park Place, LP = 3o acres Indian River Land Trust = 66 acres TOTAL ACREAGE = 222 acres *Note: Over 8o% of the above property acreages, not include existing mosquito control impoundment roads, were identified as either lowland or river lands by the IR County Property Appraiser. Page 4 of 4 Nit 41 Legend TraiVEdur S ational Kiosk Public Places Parking kik*4#� Picnic Site PROVENCE 9' BAY Signage IT=, Boardwalk Greenway Planning Area Proposed Emergency Amass Road Gate Shoreline Picnic Area Viewpoints (odn"guirafio, to - v"YT , lnfo-mna-tion-�67, Educational ignage Sign Picnic Table(s) 9 9 0 e Upland Trail FLORIDA INLAND Lagoon Viewing q NAVIGATION DISTRICT . . . . . . Fencing . . . .Information . . . . . Sign Impoundment Roads Information Informationj . . . . . . Information Wetlands Observation deck Sign Sign 4 Information 0 Sign Canoe Landing hicle �6 i. I .. . .- 0 * - .so. Wildlife/Lagoon Viewing - Information VINDIANI RIVER, r Access Sign of E ale& - - - - Fishing COUNTY � walkover . . . . . Educational Signage ttrs lie -Entrance . . . . . . . . Indian RIVER PARK SSOCIATIONfnformat' n River LDT PART ERSHIP Z' Lagoon . . . Infdrmalion' ISiARE . . . . .Sign A 1% - - - - - - - Improve/Elevate INDIAN RtVEA LAND TRUST NC. I rails VISTA G'LFPOTENTIAL EXPANSION . . . . . . . . . .... -66S'e- ation-6,c Wildlife Viewing Canoe Landing Education '--• 'lntpr'mp�on REfT, l9lom�finSign. S;, A n,,,, - . . .. . . . . . MCKEEBQJANICAy�-, GARDEN INDIAN RIVER FARMS DR DIST _000 but - Af Awt +: INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Parks & Recreation / Department of General Services CONSENT BCC Meeting February 1, 2022 Date: January 11, 2022 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Dylan Reingold, County Attorney Kevin M. Kirwin, CPRE, Director Parks & Recreation From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County; Contract Number 4283-95-R; Project Number H0259 DESCRIPTIONS AND CONDITIONS On September 10, 2019, the Board approved a Federally -Funded Subaward and Grant Agreement for the Indian River County Countywide Wildfire Mitigation. The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP program is a federally funded program that is allocated and distributed by the State. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA -approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS) (Resolution No. 2010-059 adopted on July 13, 2010, and revised Resolution No. 2015-078 adopted July 7, 2015). Substantial progress was made with a private contractor to complete the vegetation reduction associated with the installation of the firebreaks, however, delays associated with COVID-19 affected the Florida Forest Service (Forestry). Work associated with the installation of harrow/bare soil lines were unable to be completed as the State closed many offices and reduced in-person operations including the local Forestry office. Equipment and staff were unable to be utilized for nearly a year for the fireline work that is outlined in the County -wide Wildfire Mitigation Plan and is a part of the deliverables under the grant. County staff requested a no -cost grant extension from the Florida Department of Emergency Management with an extended date to complete the work through June 30, 2022. This extension allows County staff the opportunity to work with our local Forestry office to complete the mitigation work outlined. FUNDING This is a no -cost funding extension and no funding changes have been made. STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County, and authorize the Chairman to execute the Agreement. 164 ATTACHMENT • Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County; Contract Number 4283-95-R; Project Number H0259 APPROVED AGENDA ITEM FOR FEBRUARY 1, 2022 165 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: Indian River County PROJECT #: 4283-95-R PROJECT TITLE: Indian River County, Countywide Wildfire CONTRACT #: H0259 MODIFICATION #: 1 SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Beth Powell Indian River County 5500 77th Street Vero Beach, Florida 32967 Enclosed is your copy of the proposed contract/modification between Indian River County and the Florida Division of Emergency Management (FDEM). COMPLETE ® This form is required to be included with all Reviews, Approvals, and Submittal ® Signed electronic copy ® Reviewed and Approved ® Signed and Dated by Official Representative ® Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman Mayor, or Chief FJ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements Electronic Submittal to the Grant Specialist Veronica.ash@em.myflorida.com on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 692-9828 or email me at Liliana.hernandez@em.myflorida.com. 166 Contract Number: 4283-95-R Project Number: H0259 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND This Modification Number One made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County "the Sub - Recipient") to modify Contract Number H0259, dated October 10, 2019, ("the Agreement'). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $210,565.50, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on March 31, 2021; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin October 10, 2019 and shall end June 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 1 sc Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 167 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: INDIAN RIVER COUNTY In Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 93 Name and Title: Kevin Guthrie. Director Date: Attachment A 1 It Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to mitigate at -risk areas and decrease the risk of damage or loss of life from wildfires in Indian River County, Florida, funded through the Hazard Mitigation Grant Program HMGP) DR -4283-95-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency FEMA). The Sub -Recipient, Indian River County, agrees to administer and complete the project as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to mitigate the threat of future wildfires through Defensible space measures, implementing a countywide program for wildfire management located in Indian River County, Florida. The scope of work proposes to create defensible space by creating a perimeter around residential or non-residential structures by removing or reducing the volume of flammable vegetation, including clearing tree branches, vertically and horizontally. The volume of vegetation is minimized, flammable vegetation is replaced with less flammable species, and combustibles are cleared in accordance with all applicable codes and best practices. A description of the proposed defensible space activities shall be provided for each property, with recommendation that ingress and egress to the properties be maintained. The scope shall involve pruning, chipping and mowing within the designated work areas and in general, removal or mulching of vegetative material. All activities shall be implemented using current codes and best practices, and shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID SITE ADDRESS COORDINATES 1) Sebastian Scrub 1258 Schumann Drive 27.76868, -80.46608 Conservation Area Sebastian, FL 32958 2) 58th Avenue Conservation Bounded by 58th Ave. (East); Existing 27.67963, -80.4467 Area residential development South West); Existing horse farm North) �outh Oslo Riverfront 185 9th Street SE, Vero Beach, FL 27.58634, -80.37311 onservation Area 32960 :Oslo Riverfront 150 9th Street SE, Vero Beach, FL 27.59494, -80.36953 Conservation Area 32960 ) Hallstrom Farmstead 1601 Old Dixie Highway, Vero Beach, 27.57188, -80.37504 Conservation Area FL 32962 3 169 TASKS DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide wildfire protection. The project shall be implemented in accordance with plans previously presented to the 4 170 North Sebastian 1295 Main Street 27.81632, -80.47907 Conservation Area Sebastian, FL 32958 Sebastian Harbor Preserve 184 Englar Drive 27.77797, -80.47395 Sebastian, FL 32958 8) South County Park 800 20th Avenue SW, Vero Beach, FL 27.59135, -80.40533 32962 nsin Riverfront 9700 Water Vliet Avenue, Sebastian, 27.78873, -80.50287 Conservation Area �Fl_ 32958 10) Wabasso Scrub 5900 85th Street 7.75569, -80.45356 Conservation Area iSebastian, FL 32958 TASKS DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide wildfire protection. The project shall be implemented in accordance with plans previously presented to the 4 170 Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize wildfire and reduce vegetative fuels to at -risk structures that, if ignited, pose a significant threat to human life and property. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the O&M plan operations and maintenance plan). b) A certification stating that the plan is consistent with the guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. c) A certification stating the SOW compliance and the completion of the project following rules and regulations in conformance with the Department of Forestry for rural areas and the Local Fire Department for urban areas. d) Letter verifying compliance with the National Historic Preservation Act, to include whether archaeological materials or human remains were encountered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. e) Letter and/or documentation verifying compliance with conditions #1 through # 42 as stated on the Environmental section of this document. f) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory 171 conditions, and that reimbursement is due and has not been previously requested The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. 6 172 B) Deliverables: Mitigation Activities consist of mitigating the threat of future wildfires through defensible space measures in Indian River County, Florida, to include chipping and mowing within the designated work areas and in general, removal or mulching of vegetative material to provide protection to residents and businesses in Indian River County. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the O&M Plan (Operations and Maintenance Plan). 3) The Sub -Recipient shall provide a copy of a certification stating the plan is consistent with guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. 4) The Sub -Recipient shall submit a certification stating the SOW compliance and the completion of the project following the rules and regulations in conformance with the Department of Forestry for rural areas and the Local Fire Department for urban areas. 5) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time , regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable 7 173 measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Project activities shall not occur within 200 feet of a water or wetland without consultation with the USACE and the appropriate Water Management District. 5) Appropriate BMPs (provided in Appendix A of PEA) associated with wetlands shall be implemented. 6) If a project location contains wetlands or surface waters a permit from the U.S. Army Corps of Engineers may be required. If permit is required, copy of permit must be provided at closeout. 7) If a project will impact state waters a permit from the appropriate Water Management District may be required. If permit is required, copy of permit must be provided at closeout. 8) If a project will result in dischargers, a National Pollutant Discharge Elimination System permit from FDEP will be required. If permit is required, copy or permit must be provided at closeout. 9) Work shall only occur in the uplands when water levels are below surface. 10) To mitigate for fugitive dust during project activities, periodic watering of active construction areas, particularly in areas close to sensitive receptors (e.g., hospitals, senior citizen homes, and schools), shall be implemented. 11) If pesticides will be used for vegetation management. Best Management Practices BMP) shall be utilized to limit impact to water quality. 12) If discharges into U. S. waters are expected, the subrecipient would be required to obtain a National Pollutant Discharge Elimination System NPDES) stormwater construction permit from the FDEP. An associated SWPPP, which would identify the BMPs and engineering controls to prevent and minimize indirect erosion, sedimentation, and pollution impacts to the water quality, would be required to be prepared and implemented. If permit is required, copy of permit must be provided at closeout. 13) The project sponsor must obtain and comply with all applicable permit and approvals required by Federal, State, Tribal, and local regulatory agencies. 14) The Sub -Recipient shall ensure that all debris staging sites are pre -authorized by FDEP. The Sub -Recipient shall ensure that all debris is separated and disposed of in a manner consistent with FDEP solid waste facility disposal at permitted facilities guidelines or at a disposal site or landfill authorized by FDEP. The Sub -Recipient is responsible for ensuring contracted staging and disposal of debris also follows these guidelines. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance is required at project closeout. 15) Establish designated areas for equipment staging and parking to minimize the area of ground disturbance. 8 174 16) Use low ground pressure equipment when practicable, particularly on equipment traveling over large portions of units with sensitive soils or site conditions. 17) Suspend skidding or yarding operations when soil moisture levels could result in unacceptable soil damage. 18) Perform skidding or yarding operations when soil conditions are such that soil compaction, displacement, and erosion would be minimized. 19) Avoid ground equipment operations on unstable, wet, or easily compacted soils and on steep slopes unless operation can be conducted without causing excessive rutting, soil puddling, or runoff of sediments directly into waterbodies. 20) Develop an erosion control and sediment plan that covers all disturbed areas including skid trails and roads, landings, cable corridors, temporary road fills, water source sites, borrow sites, or other areas disturbed during mechanical vegetation treatments. 21) Work with the contractor to locate landings, skid trails, and slash piles in suitable sites to avoid, minimize, or mitigate potential for erosion and sediment delivery to nearby waterbodies. 22) When skidding in wetlands with organic soils, concentrate skid trails to as small an area as possible, and minimize the number of trails on a given site. 23) To the greatest extent possible: forestry operations in wetlands which exhibit seasonal inundation or saturation should be limited to dry conditions only, and forestry operations in wetlands which are continually saturated or inundated should be limited to low-water conditions. 24) Minimize skidder and other heavy equipment operation in wetlands during wet conditions to avoid widespread excessive soil rutting. 25) Implement mechanical treatments on the contour of sloping ground to avoid or minimize water concentration and subsequent accelerated erosion. 26) Routinely inspect disturbed areas to verify that erosion and stormwater controls are implemented and functioning as designed and are suitably maintained. 27) Install suitable stormwater and erosion control measures to stabilize disturbed areas and waterways on incomplete projects before seasonal shutdown of operations or when severe storm or cumulative precipitation events that could result in sediment mobilization to waterbodies are expected. 28) Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable. Use available resources, such as internet-based tools e.g., the FWS's Information, Planning and Conservation System, Avian Knowledge Network, or the county's existing biological profiles) to identify peak breeding months for local bird species; or contact local Service Migratory Bird Program Office for breeding bird information. When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 29) Avoid prolonged heavy equipment operation (generally in excess of one day), except for prescribed burning and related activities, within 490 feet of active, known and visibly apparent kestrel nests from March through June. 30) For southeast American kestrels, leave standing snags where they do not pose a safety issue, as per the Silviculture BMP Manual as incorporated in Rule 51-6.002 F.A.C., and avoid damaging or felling known nest trees. 175 31) Avoid heavy equipment operation (except for prescribed burning and related activities) within 400 feet of active, known and visibly apparent Florida sandhill crane nests from February through May 9. 32) Avoid heavy equipment operation (except for prescribed burning and related activities) within 330 feet of active, known and visibly apparent Little Blue and Tricolored Heron rookeries two or more nests) from February through May. 33) Locate concentrated heavy equipment operations e.g. log decks, landings, main skid trails, ramps, etc.) away from known and visibly apparent active burrows, and especially known concentrations of active burrows. If concentrated heavy equipment operations must be located in such areas: a) identify and mark burrows, b) avoid damage to the burrow opening, and c) avoid damage to the gopher tortoise burrow apron during the nesting season May through September). Advise heavy equipment operators to avoid direct contact year-round with all known and visibly apparent gopher tortoises and burrowing owls, as well as known and visibly apparent burrow aprons for tortoises during the period between May and September. When practical, minimize the use of heavy equipment during September and October when gopher tortoise hatchlings are more numerous and less visible due to their size during this time. 34) Maintain habitat features by carrying out activity on forest lands, such as harvesting including thinning), site preparation, burning, etc. 35) Utilities should be located before construction and coordination with local utility companies may need to occur. If planned outages are necessary, utility customers should be given advanced notice. 36) Construction noise levels shall be minimized by ensuring that construction equipment is equipped with a recommended muffler in good working order. Impact to noise levels would be minimized by limiting construction activities that occur to between 7 a.m, and 5 p.m. 37) No open burning would occur. All vegetative debris associated with the project must be disposed of properly and not placed in identified floodway or wetland areas. 38) Prepare a vegetation maintenance plan that outlines vegetation maintenance activities and schedules so that direct bird impacts do not occur. 39) Standard construction traffic control measures should be used to protect workers, residents, and the travelling public. 40) Work areas should be clearly marked with appropriate signage and secured against unauthorized entry. 41) Workers should use appropriate Personal Protective Equipment (PPE) and follow applicable Occupational Safety and Health Administration (OSHA) standards and procedures. 42) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 10 176 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must `obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) Documentation that demonstrates that no Duplication of Programs (DOP) shall or did occur, that other Federal programs have been investigated, and that the Applicant has coordinated with other appropriate Federal Agencies, upon project closeout. 9) A statement acknowledging that a final Operations and Maintenance O&M) Plan shall be submitted to FEMA before project closeout. O&M Plan must include all of the following information: a) Information demonstrating that the requested wildfire project shall be maintained to achieve the proposed hazard mitigation. b) A description of the maintenance activities in the mitigation project (e.g., defensible space, hazardous fuels reduction, ignition -resistant construction). c) The period of time the community is committing to maintain the area and/or project site, which must be consistent with the project useful life in the Benefit -Cost Analysis. d) A discussion of the post -closeout activities that shall be undertaken to maintain the area and/or project site for the duration of the project useful life. e) The schedule for implementation of the maintenance activities. 10) Verification of compliance with current codes and Best Practices at closeout. This is FEMA project number 4283-95-R. It is funded under HMGP, FEMA -4283 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. FEMA awarded this project on June 17, 2019; this Agreement was executed on October 10, 2019, and the Period of Performance for this project shall end on June 30, 2022. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 11 177 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting.- Construction ontracting:Construction Plan/Technical Specifications: Bidding / Local Procurement: Permitting: Construction / Installation: Local Inspections / Compliance: State Final Inspection / Compliance: Closeout Compliance.- Total ompliance:Total Period of Performance: BUDGET Line Item Budget* 3 Months 3 Months 3 Months 3 Months 15 Months 3 Months 3 Months 3 Months 36 Months Project Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $230,754.00 $173,065.50 $57,688.50 Fees: $50,000.00 $37,500.00 $12,500.00 Initial Agreement Amount: $280,754.00 $210,565.50 $70,188.50 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $280,754.00 $210,565.50 $70,188.50 Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $11,850. 00 12 178 Funding Summary Totals Federal Share: $210,565.50 75.00%) Non -Federal Share: $70,188.50 25.00%) Total Project Cost: $280,754.00 100.00%j 13 179 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: January 26, 2022 SUBJECT: Revision to Administrative Policy AM -202.1 Hiring, AM 502.1 Vacation, and AM - 702.3 Short -Term Absences BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources, in consultation with the County Administrator and Department Directors, has updated the County's Hiring, Vacation and Short -Term Absences policies. The updates apply to non-union employees of the County. The updates are necessary to improve our ability to recruit and retain qualified staff and included the following recommended revisions: AM -202.1 Hiring 1. Provides for an increase in relocation assistance from up to $2,000 to up to $5,000 as approved by the County Administrator or County Attorney. AM -502.1 Vacation 1. Provides for prior service credit for qualifying local, state, or federal service (to include active duty military) when establishing new hire vacation accrual rates. Up to five (5) additional days may be awarded up to a maximum total accrual of 15 days per year. Provides for existing employees to be able to submit for service credit of up to five (5) additional days. 2. Removes the requirement to complete the new hire probation in order to request vacation leave and allows for vacation leave to be requested after it is accrued (monthly). 3. Clarifies how vacation is credited each month and defines which type of paid leave is excluded from consideration in the accrual calculation requirement of working at least one-half of the budgeted hours in the month. AM -702.3 Short -Term Absences 1. Clarifies bereavement leave for non-union employees working 112 hour schedule. 2. Clarifies the requirement to provide documentation supporting the request for bereavement leave. 3. Clarifies where subpoenas for jury duty will be maintained. 180 4. Provides for an additional administrative leave day for non-union exempt employees. The recommended revisions will provide the ability for new employees to access to paid leave benefits and to maintain work/life balance. In addition the revisions, provide the ability to recruit experienced individuals and recognize prior public service when establishing the vacation leave benefit and provide for a competitive relocation assistance benefit to assist in recruiting qualified individuals. FUNDING: The budgetary impact for the administrative leave day and the increase in vacation accruals would be limited to any additional labor costs associated with back filling a position that required overtime to be paid. This is expected to be minimal as not all position absences require back filling when a day off is taken. The increase in relocation assistance will be $3,000 per approved relocation. These costs will vary annually. Funding for these expenses will be paid from each department budget that is impacted. RECOMMENDATION: Staff recommends the Board approve the revisions to AM -202.1 Hiring, AM -502.1 Vacation, and AM -702.3 Short -Term Absences. ATTACHMENTS: AM -202.1 Hiring (markup) AM -502.1 Vacation (markup) AM -702.3 Short -Term Absences (markup) 181 POLICY: It is the policy of the County to be an equal opportunity employer and to hire individuals solely upon the basis of their qualifications for the job for which they have applied. Every effort is made to hire/promote employees into positions which make the best use of their abilities and in which they will be able to achieve personal satisfaction. Nepotism will not be practiced or tolerated in employment decisions. In no event shall the hiring of an employee be considered as creating a contractual relationship between the employee and the County unless a written contract is executed by the parties. The County Administrator and County Attorney shall have the sole power of appointment of subordinate positions unless that power is delegated as is their option. Classifications of positions will be established by Human Resources through position evaluation. Positions shall be authorized through the annual budget process for each department. The County Administrator retains the right to reclassify, transfer, promote, demote, freeze, eliminate and/or create positions as necessary to efficiently run the day-to-day operations of the County. Adherence to the authorized staffing levels shall be monitored through the use of a "Position Control List." Establishment and maintenance of this list is the responsibility of the Human Resources Department. Final departmental authority for candidate selection rests with the appropriate department head. Decisions relative to job grade, wage level and qualifications will be shared between Human Resources and the department head, conforming to policy guidelines. Reimbursement for specific interview and relocation costs may be provided to certain exempt hires at the discretion of the County Administrator or County Attorney. Expense reimbursement is subject to the provisions of Section 112.061 Florida Statutes. COMMENT: 1. A position shall be considered open when an approved employment requisition is received in Human Resources. 2. Department heads seeking to add/replace employees in budgeted positions will send an employment requisition to the Office of Management and Budget for review and approval. Budget will compare the data with the Position Control List to verify that the position was authorized. Additional positions authorized by the County Administrator during the fiscal year 182 shall be added to the Position Control List by Human Resources after receiving approval from Budget. 3. When the approved employment requisition is received in Human Resources, the following process shall be initiated: a. Human Resources will post the position internally for a minimum of 5 working days in accordance with the applicable collective bargaining agreement provisions. The position requirements will be based on the approved job description. The position may be posted externally as well. If additional advertising is necessary, it shall be initiated by Human Resources in accordance with the policy and AM -201.3 "Employment Advertising." The County will not pay any employment agency fees for unsolicited referrals of individuals to fill job openings. b. All qualified current employees may apply for an open position. Internal applicants may be considered with external applicants and the position will be filled on the basis of qualifications and experience. C. Human Resources will review applications based upon the minimum qualifications and experience requirements in the position description for the open position. Qualified applications will be forwarded to the appropriate hiring manager for review and consideration. Veteran's preference will be provided to all qualified veteran applicants in accordance with applicable laws. d. To aid in the process of selecting the most qualified applicant for the position, the County may require job related skills tests/assessments as a part of the recruitment process. All testing/assessments must be job related. Departments utilizing skills tests/assessments need to review and obtain approval of the tests/assessments from Human Resources prior to administering the testing. At a minimum, the selection process will consist of job related interview questions that will assist the hiring manager in determining the qualifications and experience of the applicant. Human Resources will provide guidance to the hiring manager to develop job related interview questions and testing/assessments. e. When the hiring manager has reviewed all referred applications, he/she should schedule and conduct interviews with the candidates whose education, training, qualifications and experience appear best suited for the position. All qualified veteran applicants will be granted an interview and provided preference at each step of the recruitment process. Internal applicants meeting the minimum qualifications will also be granted an interview. As many interviews as the supervisor deems necessary will be conducted. 183 f. When a candidate is recommended to fill the vacant position, the hiring manager will submit the recommendation for approval to the department head. The hiring manager will also update the applicant information to reflect candidates who were interviewed and not selected or who were not selected for interview. If a non -veteran applicant is determined to be more qualified than a veteran's preference applicant, the hiring manager will need to provide justification for the hiring decision to the Human Resources Director who will review the hiring recommendation for appropriateness. All hiring recommendations must be approved by the Human Resources Director prior to a conditional offer of employment. Compensation will be in accordance with AM -304.1 "PAY PROGRESSION SYSTEM". Human Resources will make all offers of employment and will prepare and process the appropriate employment paperwork. g. Human Resources will notify applicants when a position has been filled using the notification process via the applicant tracking system. h. Reference checks will be performed by the hiring department and/or the Human Resources Department for all positions. i. College degrees, professional licenses, and other required certifications/licenses, including driver licenses, will be verified by the Human Resources Department. j. A criminal/civil check will be performed for all positions by the Human Resources Department through the Indian River County Court records and, where applicable, the Florida Department of Law Enforcement. Additional background checks including a credit check may be required as authorized by the County Administrator or County Attorney as appropriate. Pre-employment physicals and/or drug testing may be required for certain positions. I. The County Attorney will apply this policy to the hiring of personnel within the respective office. M. Human Resources will verify eligibility to work in the United States utilizing the E - Verify system. 4. Relocation assistance up to $2000 $5,000 may be provided as approved by the County Administrator or County Attorney, as appropriate, who will consider staff's recommendation, the relocation distance, the subject employee's level in the organization, and the competitive necessity of the relocation assistance to consummate the acceptance of the job offer. Reimbursement for relocation costs applies only to costs specifically authorized in advance by County Administrator or County Attorney. Payment will be contingent upon whether the nm expenses are documented with legible dated receipts clearly indicating the service/goods provided, to the satisfaction of the County. Jason E. Brown 'rld 185 POLICY: It is the policy of the County to provide vacation leave with pay to employees in regularly established positions in accordance with the guidelines established below. COMMENT: Full-time employees will accrue paid vacation leave based on the number of budgeted hours in their work week according to the following schedule: Days Per Service Year ACCRUALRATES 37.5 Hour Week Hrs/Yr Hrs/Mo 40.0 Hour Week Hrs/Yr Hrs/Mo 1 yr to 4yrs 12 months 10 75.0 6.25 80.0 6.67 5 yrs to 5 yrs 12 months 11 82.5 6.88 88.0 7.34 6 yrs to 6 yrs 12 months 12 90.0 7.50 96.0 8.00 7 yrs to 7 yrs 12 months 13 97.5 8.13 104.0 8.67 8 yrs to 8yrs; 12 months 14 105.0 8.75 112.0 9.34 9 yrs to 9 yrs 12 months 15 112.5 9.38 120.0 10.00 10 yrs to 10yrs; 12 months 16 120.0 10.00 128.0 10.67 11yrs; to 11yrs; 12 months 17 127.5 10.63 136.0 11.34 12 yrs, to 12 yrs 12 months 18 135.0 11.25 144.0 12.00 13 yrs, to 13yrs; 12 months 19 142.5 11.88 152.0 12.67 14 yrs max accrual rate 20 150.0 12.50 160.0 13.34 2. When establishing the accrual rates as reflected above. service credit will be considered for prior governmental service to include local, state, or federal service inclusive of prior active duty military service. Service credit will be awarded, on a year for year basis, for individuals who possess five (5) or more years' prior service in a full-time position. Prior service credit will be granted to non-union emplovees who submit a letter of verification of prior service at time of hire or, if employed prior to February 1, 2022, submit a letter of verification of prior service by April 1, 2022. The letter of verification needs to be on official letter head or other recognized governmental document. The service credit will be capped at up to five additional days for a maximum total accrual of 15 days per year. After service credit is applied, the annual progression in the accrual table will continue up to the maximum accrual rate identified above, not to exceed 20 days per year. 3. Part-time employees are entitled to vacation accrual on a pro -rata basis. Part-time 186 employees hired on or after June 22, 2001, and temporary employees are not eligible to accrue vacation leave. 4. New employees may use vacation after it is accrued. after oomple+inn their neje, hire prebatieR. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at- after the end of each month, and is added to the employees' account sh OWR en the na"rell prelist for the . I .,e r. 1 ending on or after the first of the following month. In order to accrue vacation for that month, an employee must be employed for the full month and work at least one-half of the budgeted hours in the month or be in a paid leave status. Donated sick leave and paid approved administrative leave with pay are excluded from the accrual calculation. 5. Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 6. Employees hired prior to October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 75 days. Any vacation time accrued over 75 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 75 days will be rolled back to the 75 -day maximum. Employees hired on or after October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Any vacation time accrued over 30 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 30 days will be rolled back to the 30 -day maximum. 7. Vacation leave may be taken after approval by the manager or supervisor. Employees are encouraged to take their vacation in increments of five working days or more. It may be requested in increments as small as one hour. 8. Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment. In no event will an employee be paid for more than 75 days (if hired prior to October 1, 2011) or 30 days (if hired on or after October 1, 2011) of vacation leave upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. 9. When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 10. Vacation leave will always be paid at the employee's pay level at the time the vacation is 187 used. JASON E. BROWN No POLICY: It is the policy of the County to recognize employees provide either continued wages during such absences without discipline to the employee. COMMENTS: ' need to be absent from work and to or to permit justified absences to occur Each category of absence will be discussed separately in this section. Generally, short-term absence will be defined as two weeks or less in duration. Leaves of absence for longer terms may be approved and will be considered individually by management. See the unit LEAVE OF ABSENCE WITHOUT PAY, AM -703.1. 1. Bereavement Leave a. This benefit is available for full-time pent employees. b. Three working days may be given off with pay upon the death of a member of the immediate family (defined for this benefit as parents and step-parents, spouse, children and step -children, grandmother, grandfather, grandchild, brother, sister, step -sister, step -brother, mother-in-law, father-in-law, son-in-law, daughter-in- law, sister-in-law, brother-in-law, or legal guardian of the employee). Non-union employees working a "112" hour schedule will be eligible for up to two shifts of leave with pay. c. Bereavement Leave will be authorized in minimum one-half day increments and will be paid at the employee's current pay rate. d. Employees requesting bereavement leave will be required to complete the appropriate request form and/or provide supporting documentation. e. If additional time off work is needed, vacation or sick leave may be utilized, or time off without pay can be arranged if justified. 2. Jury Duty a. Employees subpoenaed for Jury Duty shall receive regular pay for the hours missed from work. They are expected to submit a copy of their subpoena which shall become a part of the time and attendance records PeFsennol foe. Also, they will turn in their Jury Duty pay stub and a personal check for the amount of the Jury Duty pay, excluding mileage pay. It should be made payable to "IRC 189 Board of County Commissioners," and sent to the Human Resources Department. b. Employees are expected to stay in touch with their supervisors relative to their court duty and County work schedules to minimize interference with their jobs. If there are three or more hours of the work day prior to reporting for or being released from jury duty, the employee will be expected to be at work. 3. Witness Duty a. Employees attending court during their normal working hours as a witness on behalf of a public jurisdiction or as a result of their public employment shall receive pay. b. Employees subpoenaed as witnesses (other than as in a. above) during a criminal or civil trial will not be paid but may charge vacation. NOTE Employees who are plaintiffs or defendants in personal litigation not related to their public employment are not eligible for regular pay. Vacation time may be used. 4. Administrative Leave Administrative Leave is provided for employees who are exempt from the overtime provisions of the Fair Labor Standards Act. They will be provided 4P49 three four paid work days off per calendar year to Gen' uGt personal busines whish n•+nnot h - Such leave must be approved by the employee's department head or the County Administrator or County Attorney for employees who report directly to them. 5. Refer to the Florida Statutes for Military Leave. JASON E. BROWN DATE 190 4 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 18, 2022 To: Jason E. Brown, County Administrator From: Matt Jorden, PE, Assistant Director of Utility Services Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Final Pay to Paragon Electric of Vero, Inc for Bid #2021023 South Oslo WTP Automatic Transfer Switch (ATS) Replacement Descriptions and Conditions: On March 9, 2021, the Board of County Commissioners (BCC) approved Bid #2021023 to Paragon Electric of Vero, Inc., (Paragon) for $279,832.00 to install a Automatic Transfer Switch (ATS) at the South County Reverse Osmosis (SCRO) water treatment plant (WTP). The project has since been completed. Analysis: Paragon has submitted Payment Request #1, which includes payment in full of $279,832.00. Kimley-Horn and Associates, Inc., (KHA), the County's engineer of record for the project, has recommended approval of the payment. Funding: Funds, in the amount of $279,832.00, for the project are available in the Utilities operating fund, account number 47121936-044699-19541, for Utilities/Water Production/R&R/South RO Replace Switchgear. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount Utilities/Water Production/R&R/South RO Replace 47121936-044699-19541 $ 279,832.00 Switchgear Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $279,832.00, which represents payment in full, to Paragon Electric of Vero, Inc. Attachments: Pay Application 191 F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Final Pay Paragon Electric South RO ATS.docx APPLICATION FOR PAYMENT NO. One To: Indian River County (OWNER) From: Para3nn Electric—of V®=, Inc (CONTRACTOR) Contract: PROJECT: South Oslo WTP Automatic Transfer Switch (ATS) Replacement OWNER's Contract No. 2021023 ENGINEER's Project No. 044572063 For Work accomplished through the date of: 1 —1 n_2n22 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or ): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date 5. Retainage (per Agreement): % of completed Work: % of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $ 279.F832.00 Accompanying Documentation: CONTRACTOR'S Certification: $ 279,832.00 $ 0 $ 279$832-00 $ 279,832.00 $ 0 $ 279,832.00 $ 0 The undersigned CONTRACTOR certifies that (1) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Paymentwill pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Paymentis in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed below: N/A " Dated 1-10-2022 CONTRACTOR By: T110-119 , r rani mc! Presi dPnt- State of Paragon Electric of Vero, Inc. County of Sworn to (or affirmed) and subscribed before me by means of 0 physical presence or ❑ online notarization, this _day of 20by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me ort] who has produced Ron. lllwt as identification. 192 Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated V Z7>(ZA RQXAeS (:-4W t�AIWZ9 J � ENGINEER Prepared EJCDC No. C -700-E (2002 Edition) By: Prepared by the Engineers Joint Contract Documents Committee and endorsed by -rho socla d General Contractors of America and he Asthe Construction Specification Institute, 00800-26 193 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: South Oslo WTP Automatic Transfer Switch (ATS) Replacement DATE OF ISSUANCE OWNER Indian River Countv Board of County Commissioners OWNER's Contract No. 2021023 ENGINEER's Project No. 044572063 CONTRACTOR Paragon Electric ENGINEER Kimley Horn of Vero, Inc. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: Indian Riv,r County Department of Utilities Services OWNER And To Paragon Electric of Vero, Inc. CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the contract Documents on 1-10-2022 DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work In accordance with the contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-27 194 From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on .JoSQ C r,v�,uG"ryJla NGINEER By: (Au 'rued ignature) CONTRACTOR accepts this ertificate of ubstantial Completion on January 10 20 22 CONTRACTOR By. Tliomis Granims, President Paragon E1ec`ric of Vero, Inc. OWNER accepts this Certificate of Substantial Completion on 20! INDIAN RIVER COUNTY DEPARTMENT OF UTILITIES SERVICES OWNER By: (Authorized Signature) W IiI41 M 195 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Paragon Electric of Vaso, Inc. (Company Name) The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. For all in consideration of TWo hundred seventy-nine thoiisand eight- dollars ($ 279,832.00 ) hundred and (Total Amount of Contract) thirty—two paid toP;A = Elect=; by receipt of which is hereby acknowledged, (Contractor) do— hereby release and quit claim to the OWNER, its successors (I/We) or assigns, all liens, lien rights, claims or demands of any kind whatsoever which we now have or might have against the property, building, and/ or (I/We) for any incidental expense for the construction of 2021023 (Project Number) South Oslo WTP Automatic Transfer Switch (ATS) Replacement (Project Name) IN WITNESS WHEREOF I have hereunto set my hand and seal this day of January 202? (SEAL) By Tnixnas Granims, President Paragon Electric of Vero, Inc. W ESS: QL0 Title�i� 11F 1103. 00800-29 196 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 18, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: North Beach Water Storage Tank Repairs, Sole Source Florida Aquastore & Utility Construction, Inc. Background: Indian River County Department of Utility Services (IRCDUS) owns and operates the North County Reverse Osmosis (NCRO) water treatment plant (WTP) located at 775158 1h Avenue. This facility provides potable water to the consolidated distribution system, which includes remote storage and re -pump facilities that provide treated water to customers. One of the remote storage tanks that NCRO uses is a 750,000 gallon steel botted CST Storage Aquastore (CST), located on North Beach near Sea Oaks. This tank is used to provide back-up water for the beach area in the event of a fire. The tank was assembled and installed by Florida Aquastore & Utility Construction, Inc., (Florida Aquastore) as a subcontractor to TLC Diversified during the 1999 plant conversion to a pump station, designed by CDM Smith. Analysis: The Florida Department of Environmental Protection (FDEP) requires utility tanks undergo annual inspection, as well as cleaning every five years. The Board of County Commissioners (BCC) awarded Request for Proposal (RFP) 2017072 for annual tank maintenance to Suez Utility Service Company (Suez) on October 24, 2017. During their inspection of the North Beach Water Storage Tank, Suez found the tank has held up in the beach environment extremely well, but is in need of some renovation and maintenance to ensure continued sustainability. Most notably, Suez found that the protective plastic coating on the tank flooring is bubbling and torn, and is in need of complete replacement. Other necessary work includes resealing of the interior and exterior surfaces of the tank, and replacement of a damaged ladder. This work falls outside the scope of the annual tank maintenance contract with Suez and must be performed by a contractor authorized by the tank manufacturer. CST has provided a sole source memo indicating that Florida Aquastore is the only contractor authorized to sell and service CST Storage Aquastore products in Florida. Florida Aquastore has provided a proposal for the necessary work and will offer a one-year warranty on all new materials and work performed. 197 Funding: Funding in the amount of $311,125.00 for the repair of the North Beach steel storage tank is available in the Utilities/Water Production/WaterTank/WaterSto rage Tank Maintenance, account number 47121936 -044740, within the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number I Amount Utilities/Water Prod uction/Water Tank/Water 47121936-044740 _F $311,125.00 Storage Tank Maintenance Recommendation: Staff recommends that the Board of County Commissioners declare Florida Aquastore & Utility Construction, Inc., as the sole source for parts and service of the CST Storage Aquastore tank associated with the North County Reverse Osmosis water treatment plant, and authorize the Purchasing Division to issue a purchase order to Suez for the proposed maintenance in the amount of $311,125.00. Attachment: Florida Aquastore & Utility Construction Inc Proposal dated December 16, 2021 Sole Source Letter from CST F:\Utilities\UTILITY- EMPLOYEE FOLDERS\Terry South ard\Agendas\Agenda -North Beach Storeage Tank Sole Source Repairjh Fin aLdocx 198 Florida Aquastore 4722 N.W. Boca Raton Blvd., Suite C-102, Boca Raton, Florida 33431 Phone: (561) 994-2400 Fax: (561) 994-2444 PROPOSAL AND CONTRACT TO: Terry Southard DATE: December 16, 2021 Operations Manager Indian River County Utilities PROJECT: North Beach RO Water Tanks 4350 41St Street MODEL 8419 CFWT Vero Beach, FL 32960 MIP 899006 Email: tsouthardaircgov.com Phone: 772-226-3404 TERMS: 100% Upon Completion QTY We are pleased to quote you on the following work for acceptance within 60 days: UNIT PRICE EXTENSION 1 Mobilization Remove bottom ring panel to facilitate access to the interior for scaffolding during repairs. Reinstall bottom ring panel sing new fasteners after scaffolding is removed and coat interior seams of panel with CIM to re-establish panel edge protection. 1 Floor Coating Repair • Remove all loose coating and "Pop" the bubbles using a 40,000 PSI UHP washer • Abrade existing coatings that are not removable with grinders and wire wheel equipment to obtain a mechanical bond • 1St full coat of TNEMEC 260 Clear Bonding Primer at 5.0 to 7.0 MDFT • Stripe coat on all corners and sharp edges with TNEMEC 262 Elasto Shield at 10.0 to 15.0 MDFT • 2nd full coat of TNEMEC 262 Elasto Shield Series at 20.0 to 30.0 MDFT • 3rd full coat of TNEMEC 262 Elasto Shield Series at 20.0 to 30.0 MDFT • Remove and dispose of all used abrasives with container as per local, State and Federal regulations Estimated Working Days: 15 days $174,800 1 Reseal of Exterior and Interior of tank • Materials and labor to scrape and power wire brush all interior sidewall panel edges to clean metal. Re -caulk all interior sidewall panels' edges with CIM 1061 • Materials and labor to scrape and power wire brush tank exterior sidewall panel edges to clean metal. Re - caulk all exterior sidewall panel edges with Manus 199 Sealer Accepted for the purchaser: Submitted by Marcelo Sicuro Date: 20 200 • Replace existing damaged ladder with one (1) Premium OSHA approved exterior aluminum rail and rung ladder assembly with galvanized steel safety cage, lockable hoop entry and safety swing gate al all -ladder access points, including rest platforms. Compliant with the following: OSHA 1910, AWWAD103-19, ASCE 7-16 Section 4.5.4, CCR Title 8 Section 3277 • Replace Faded Tank Decals with new one • Materials and labor to scrape and power wire brush nozzle and manway to clean metal. Re -coat with two- part epoxy CIM or similar • Materials and labor to scrape and power wire brush dome angle to clean metal. Re -coat with two-part epoxy • Freight to the Jobsite Estimated Working Days: 30 - 35 working days $136,325 Total: $311,125 NOTE 1: To facilitate work, the tanks must be drained cleaned out by the Purchaser prior to the arrival of our personnel. The tank floor and wall must be sufficiently clean to allow work (no accumulated sediment). No standing water, sediment, or sludge shall remain on the tank floor upon arrival of FA personnel. NOTE 2: Mobilization to cover travel to and from site from our Boca Raton office will be charged for each trip. Mobilization will be charged and invoiced to the Purchaser if Purchaser cancels the inspection unless FA is notified at least 72 hrs. prior to the scheduled arrival of FA personnel. NOTE 3: Price is valid for acceptance for 60 days from the date of this Proposal. Accepted for the purchaser: Submitted by Marcelo Sicuro Date: 20 200 GENERAL TERMS AND CONDITIONS 1.Equipment location and staking, including plant orientation, influent and effluent location is the responsibility of the Purchaser and/or his engineer. 2.The elevation of equipment above or below grade must be determined by the Purchaser and/or his engineer and entered upon the approved drawings. Purchaser is responsible for establishing a benchmark at site for Florida Agtmastore's (F.A.) erection crew. 3.Purchaser agrees to provide a clear level work area a maximum of 6" of below the tank finished floor elevation and minimum of 10' beyond the radius of the tank. Prior to starting erection, any obstruction in the work area, such as excavations, overhead lines, fences, trees, shrubbery, etc., shall be removed by and at the expense of the Purchaser. The Purchaser shall keep the site properly drained and free from surface water during erection, and until the work has been completed and accepted. The site and site access shall be capable of supporting a crane up to and including a 50 ton capacity and other erection equipment. Any fill or dewatering necessary to accomplish the above, or additional costs of oversized or special equipment required due to poor site conditions, will be the responsibility of the Purchaser. Site leveling, grading, etc. after erection shall be the responsibility of the Purchaser. F.A. shall be responsible for site cleanup and removal of trash, scrap materials, etc. left from F.A. erection work. 4.Purchaser agrees to provide site access and site working area capable of supporting the delivery trucks (70,000 to 75,000 pounds gross weight.) Purchaser agrees to maintain site access and working area, daily if required, to allow F.A. erection crew to perform work during all weather conditions. Should F.A. have to stop or delay work due to Purchaser's failure to prepare or maintain site or access to site, Purchaser agrees to compensate Florida Aquastore for costs incurred. Purchaser fiuther agrees that Florida Aquastore shall be indemnified and held harmless from all loss or damages resulting from delays of job progress that are directly or indirectly a result of Purchaser's responsibility. 5.Florida Aquastore's erection personnel are non-union, and all work will be done by non-union personnel. In case of interference in erection work due to labor problems by persons not employed by F.A. or the imposition of requirements concerning labor, working conditions wage rates, etc., which were not clearly defined prior to F.A.'s acceptance of the erection job, F.A. shall have the right to stop work without prejudice or resolve. If additional costs are incurred by F.A. due to such conflict, the Purchaser hereby agrees to reimburse F.A. for the additional costs incurred Work hours by Florida Aquastore at the site shall be as determined by F.A. The Purchaser shall not define working hours, number of work days per week or prohibit F.A. from working evenings, weekends, holidays, etc. when deemed to be advisable by F.A. &INSURANCE I r During the period of erection of the equipment contemplated herein, F.A. will maintain Insurance per our certificate of insurance as follows.: a. Worker's Compensation and Employer's Liability - $1,000,000 b. General Liability— $1,000,000 per occurrence/$2,000,000 aggregate c. Automobile Liability - $1,000,000 d. FONDO — Puerto Rico's Workers' Comp Insurance — For Puerto Rico Projects only The customer shall be liable for providing Builder's Risk Insurance and/or All Peril Insurance to protect contractor from any and all occurrences beyond the scope of their work. Coverage shall include but not be limited to fire, theft, vandalism, wind, flooding, hurricanes, earthquakes, etc. or any and all other acts of god not specifically described above. Customer agrees to reimburse Florida Aquastore for any and all costs not covered by All Peril or Builder's Risk Insurance. 7.UNLOADING OF EQUIPMENT Purchaser is responsible for unloading of equipment, which is to be erected by F.A. within 20' of the tank site, and for unloading any equipment or accessories shipped to Purchaser for his installation that is not a part of this contract.. &PURCHASER ACCEPTANCE OF ERECTED EQUIPMENT When erection of the equipment nears completion, F.A. shall give Purchaser seventy-two (72) hours verbal notice that the equipment shall be ready for inspection and acceptance. Purchaser agrees to provide, on seventy-two (72) hours notice, an authorized agent to meet at the site with F.A. erection personnel, to inspect the erected equipment and accept same for/or on behalf of the Purchaser. Any back ordered items not installed at the time shall be listed on the "Acceptance Agreement" with the written understanding that F.A. is responsible for installing the subject equipment. Back ordered items shall be received by the Purchaser at the "back ordered address" previously provided and stored until the F.A. installation is scheduled. 9.PREPARATION FOR STARTUP OF ERECTED EQUIPMENT Upon completion of erection, F.A. shall inform the Purchaser that the erected equipment is ready to be placed in service. The Purchaser shall make all preparation for which he is responsible, such as: influent and effluent connections, installation of the required electrical power and supply and circuitry, filling tanks with clean water for testing and startup, etc. If any deficiencies in materials or workmanship by F.A. are discovered by the Purchaser while performing this work, the Purchaser shall immediately notify F.A. so that corrective action can be taken. 10.SECURITY AND PROTECTION OF EQUIPMENT Purchaser is responsible for security of equipment stored on his site after delivery, and for any back ordered material delivered to Purchaser after departure of F.A. erection crews. F.A. shall not be responsible for deterioration, theft, vandalism or damage to equipment, which is stored on site or left inoperative after installation due to delays in startup. Purchaser agrees to be responsible for security and protection of such equipment. 1LBACKCHARGES Florida Aquastore will accept no backcharges for any reason which have not been approved, prior to any work being performed, in writing by an officer of the company. Purchaser agrees to contact F.A. and receive written authorization prior to incurring any costs related to backcharges. 12..LICENSES AND PERMITS Unless specifically stated in F.A.'s erection proposal, F.A. is not responsible for licenses, permits or fees required to perform the work defined in the proposal. 13.Purchaser intends that the machinery and equipment made the subject of this contract shall at all times be and remain personally, which is severable from Purchaser's premises. Purchaser hereby grants to Seller a security interest in the product purchased herein, together with all parts, accessories, attachments, additions, and replacements, now or hereafter installed in, affixed to or used in conjunction with said product. Seller shall have all the rights and remedies of the secured party under the Uniform Commercial Code. The security interest of Seller will terminate upon payment in full by Purchaser. In the event Purchaser finances this purchase through someone other than Purchaser, Purchaser agrees to assign the security interest to such financing agency upon receipt by Seller of payment in full. 14.The price quoted herein is subject to revision by F.A. at the time of invoicing if shipment takes place more than twenty-six (26) weeks after the date of acceptance of the order by F.A. The revision shall be based upon increases in actual material costs to F.A. during the period from acceptance of order to date of shipment. 15.Should concealed or unknown conditions in an existing structure be at variance with conditions indicated in the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract, the encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim made by F.A. 16.F.A. reserves the right to make claim in seek remedy for any and all extra work resulting from errors, omissions, or inaccuracies either written or verbal. No waivers shall be given in this regard. In the event another contract form, other than this original, is awarded for the above described work, F.A. will not assume any undue liability either by indemnification or deficiency of the Contractor, Subcontractor or Owner. F.A. will be only responsible for its own work or the work of its su9,4i6ctors and not for errors, omissions or inaccuracies by the Architect/Engineer or Owner. MATTORNEY'S FEES Should either party employ and attorney to institute suit or demand arbitration to enforce any of the provisions hereof, to protect it interest in any matter arising under this Agreement, or to collect damages for the breach of the Agreement or to recover on a surety bond given by a party under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and expenses expended or incurred therein. All legal actions and claims shall be made in Palm Beach, Florida. 18..TIME DELAYS/CUSTOMS DELAYS In the event F.A. experiences time delays due to weather, labor strikes, customs/immigration clearance delays, airline or other travel delays/cancellations, production, delays or any other actions beyond the control of F.A., then an immediate extension of the contract completion date shall be due to cover the period of delay. Any time representations reflected in this proposal are based on prior experience estimates and may fluctuate due to conditions outside the control of F.A. 19. CANCELLATIONS Should Buyer cancel the customized engineered order AFTER the equipment has been released to production the buyer will forfeit pre -payments made to date. 202 CST December 6, 2021 Indian River County Utilities Attn: Terry Southard 4350 41St Street Vero Beach, FL 32960 Dear Terry: Florida Aquastore & Utility Construction, headquartered in Boca Raton, Florida is the sole authorized dealer representative for the sale of all CST Storage Aquastore products and aftermarket parts, service, and equipment in Florida. Florida Aquastore is also CST Storage's authorized and certified/trained partner, managing all aspects of tank inspection, repair, installation, and construction. Florida Aquastore has proudly represented CST Storage for two generations and should satisfy a vast range of solutions for all your storage needs. Please contact Florida Aquastore directly for quotations on new projects, assistance with inspections and recommendations to maximize the life of your existing tank(s) or replacement/parts requirements. Best Regards, Candi Eager Regional Manager Water/Wastewater CST Industries CST Industries, Inc. World Headquarters, 903 E 104th Street, Suite 900 1 Kansas City, MO 64131 USA Phone 844 -44 -TANKS I Fax 913.621.2145 203 www.cstindustries.com M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: January 21, 2022 SUBJECT: Consideration of Land Development Regulation (LDR) Amendments to Sections 901.03 and 911.06 Allowing Solar Facilities as a Permitted Use in all Agricultural Zoning Districts It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of February 1, 2022. BACKGROUND During the 2021 Legislative session, the Florida Legislature enacted SB 896, which requires solar facilities to be a permitted use in all agricultural zoning districts within an unincorporated area. Per the new state statute, solar facilities are required to comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural districts. Under the new statute, which is section 163.3205, Florida Statutes, solar facilities are production facilities for electric power that 1) use photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite; 2) consist principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components; and 3) may include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures. At its January 18, 2022 meeting, the BCC considered the solar facilities ordinance, did not recommend any proposed changes, and by a 5-0 vote set the second, final hearing to consider adoption of the proposed LDR amendment at the February 1, 2022 regular meeting. The BCC is now to conduct the final hearing and consider adoption of the proposed ordinance. ANALYSIS Currently, the County LDRs do not list solar facilities as an individual type of use. However, solar facilities have been approved in the unincorporated portions of Indian River County as a special exception use under the "Public and private utilities, heavy" use in the A-1, A-2, and A-3 zoning districts. In order to comply with the statutory requirements, County staff has drafted an ordinance which would allow solar facilities as a permitted use in the A-1, A-2, and A-3 zoning districts, but 204 otherwise continue to meet the landscaping and buffer requirements for other "Public and private utilities, heavy" uses. Also, any new solar facility will require site plan approval, and must meet all applicable requirements of the County LDRs. To date, the BCC has granted special exception use approval for a total of four solar facilities. Staff has not received any negative feedback on the previously approved solar facilities, and supports the proposed LDR amendment. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed solar facilities ordinance. ATTACHMENTS 1. Draft Ordinance 205 ORDINANCE NO. 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS) AND SECTION 911.06 (AGRICULTURAL AND RURAL DISTRICTS) OF CHAPTER 911 (ZONING) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO ALLOW SOLAR FACILITIES AS A PERMITTED USE PER STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2021 Legislative session, the Florida Legislature created section 163.3205, Florida Statutes, which mandates that solar facilities shall be a permitted use in all agricultural zoning districts within the unincorporated area; and WHEREAS, the Code of Indian River County needs to be amended, in order to be consistent with section 163.3205, Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 901.03 (Definitions in alphabetical order) of Chapter 901 (Definitions). New language indicated by underline, and deleted language indicated by . Section 901.03 (Definitions in alphabetical order) of Chapter 901 (Definitions) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 901- DEFINITIONS Section 901.03.- Definitions in alphabetical order. 206 Soil, well drained water is removed from the soil readily, but not rapidly. It is available to plants throughout most of the growing season, and wetness does not inhibit growth of roots for significant periods during most growing seasons. Well drained soils are commonly medium textured. They are mainly free of mottling. Solar facility means a production facility for electric power which: (a) Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite. (b) Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components. (c) May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures. Solid waste garbage, refuse, yard trash, clearing debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Section 3. Amendment of Section 911.06 (Agricultural and rural districts) of Chapter 911 (Zoning). New language indicated by underline, and deleted language indicated by stFikethFough. Section 911.06 (Agricultural and rural districts) of Chapter 911 (Zoning) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 911- ZONING Section 911.06.- Agricultural and rural districts. (4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative permit uses and special exception uses. 207 Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 2nd day of January, 2022, for a public hearing to be held on the 18th day of January, 2022, and in the Indian River Press Journal on the 231d day of January, 2022, for a public hearing to be held on the 1St day of February, 2022 at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss 208 District Uses A-1 A-2 A-3 RFD RS -1 -Utility Public and private utilities, limited A A A S S Public and private utilities, -heavy S S S S S Solar facilities P P P - - Reservoirs, water farming P P P - - Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 2nd day of January, 2022, for a public hearing to be held on the 18th day of January, 2022, and in the Indian River Press Journal on the 231d day of January, 2022, for a public hearing to be held on the 1St day of February, 2022 at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss 208 The Chairman thereupon declared the ordinance duly passed and adopted this day of 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 3-1 ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk . Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2022. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 209 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 1801 27TH ST VERO BEACH, FL 32960 ATTN MARITA FROIMSON STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 1123/2022 Subscribed and sworn to before on January 23rd, 2022 otary, tate COUn Brown My commiss on ,pires: �i�� Publication Cost: $315.00 NANCY HEY AN Ad No: GC10814258 Notary PubliC Customer No: 463755 PO#: PUBLIC NOTICE State of Wisconsin 6109- I Timestamp 1/1912022 15:39:49 Final Publication Date 1/2312022 Ad Number GC10814258 Publication Indian River Press Journal Market Treasure Coast Delivery Method Email Number of Affidavits Needed 1 Customer Name Indian River County Planning Customer Phone Number (772) 226-1254 Customer Address 1801 27 Th Street Vero Beach, FL 32960 Account Number (If Known) 463755 Customer Email kcharest@ircgov.com Your Name Marita Froimson Email Address mfroimson@gannett.com anq - �L- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Indian River County Board of County Commissioners shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida, on Tuesday, February 1, 2022 at 9:00 AM to consider adoption of a proposed ordinance; entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS) AND SECTION 911.06 (AGRICULTURAL AND RURAL DISTRICTS) OF CHAPTER 911 (ZONING) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO ALLOW SOLAR FACILITIES AS A PERMITTED USE PER STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinance, if adopted, will allow "solar facilities" as a permitted use in all agricultural zoning districts subject to existing landscaping and buffer requirements for other similar uses within all agricultural zoning districts. A draftof the proposed ordinance is available at the Indian River County Planning Division office located in the Community Development Department on the first floor of the County Administration Complex Building "A". Anyone who may wish to appeal any decision, which may be made at this meeting, j will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Please direct planning -related questions to the current development section at 772-226-1239. ANYONEWHO NEEDSASPECIALACCOMMODATION' FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT' (ADA) COORDINATOR AT 772-226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman a 0Q -_3 ari Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 20, 2022 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2022/2023 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2022/2023 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 8, 2022 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Wednesday, July 13, 2022 Thursday, July 14, 2022 (as needed) Wednesday, Sept. 14, 2022 at 5:01 p.m. Wednesday, Sept. 21, 2022 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2022/2023 budgets. 210 1a q/ Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 19, 2022 To: Jason E. Brown, County Administrator From: Matt Jordan, Interim Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent Subject: Award of Bid #2022020 - South County Wastewater Treatment Facility (SCWWTF) Reuse Control Panel Replacement and Permission to Increase Capital Funds Background/Analysis: The South County Wastewater Treatment Facility (SCWWTF) reuse control panel is in need of replacement, and the replacement was approved in the Fiscal Year (FY) 2021/22 capital budget with a total approved amount of $375,000.00. The project was put out to bid, and bids were received on December 17, 2021. Two responsive bids were received, both significantly over budget. Contractor Location Bid Price 1. Paragon Electric of Vero, Inc. Vero Beach $606,527 2. Hinterland Group, Inc. Riviera Beach $773,965 However, with current market conditions, that was not surprising. The increase is due to several factors: 1. The rapid increase in inflation over the past year (-20%-30%). 2. Market conditions that have greatly impacted the pricing of fuel, goods, and services. 3. The ongoing COVID-19 pandemic is resulting in many manufacturers and contractors losing production time due to sick employees or potential exposures to the virus. This lost production time impacts project schedules, requiring elevated costs to perform work short-staffed. This has also caused significant impacts to the supply chain and availability of materials/equipment. 4. Equipment shortages have led vendors/fabricators the inability to hold their pricing. A review of each bid package was performed by Kimley-Horn and Associates, Inc. (KHA), the engineer of record for the project, and Richard Meckes, Wastewater Superintendent. It was determined that Paragon Electric of Vero, Inc., (Paragon) is the lowest, responsive, and responsible bidder. 211 Since this is a capital purchase, the funds come from Operating Fund Reserves. We are seeking your approval to increase the available funds for the replacement of the SCWWTF reuse control panel and to also award the Bid #2022020 to Paragon. Funding: Funds in the amount of $606,527.00 for this project will be available in Utilities/Other Equipment, account number 471-166002, in the Utilities Operating Fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/Other Equipment 471-166002 $606,527.00 Recommendation: Staff recommends that the Board of County Commissioners (BCC) give approval to use cash balance in the amount of $231,527 to fund the additional cost for the replacement of the South County Wastewater Treatment Facility Reuse Control Panel. Staff also recommends that the BCC award Bid #2022020 to Paragon Electric of Vero, Inc., in the amount of $606,527.00, approve the agreement, and authorize the Chairman to execute it after review and approval of the agreement and public construction bond by the County Attorney as to form and legal sufficiency. Attachments: 1. Bid 2022020 SCWWTFRCP Replacement -KHA Bid Review (due to size of document, this item can be reviewed online at www.ircgov.com or a printed copy is available in the Commission Office). 2. Agreement 212 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT THIS AGREEMENT ("Agreement" or "Contract"), dated the 151 day of February, in the year 2022 by and between Indian River County, a political subdivision.of the State of Florida (hereinafter called OWNER) and Paragon Electric of Vero Beach, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK Furnish all labor, equipment and materials necessary to construct all improvement elements at the South County Wastewater Treatment Facility described in the plans and these specifications: Demolition of existing Reuse Control Panel (RCP); construction of three (3) Variable Frequency Drives (VFDs) for the reuse pump station pumps; and replacement of three (3) existing reuse pump station pump motors with new 100 -hp, TEFC, inverter duty rated motors; construction of instrumentation, and all other wiring, labor, materials to provide a fully functional system. ARTICLE 2 ENGINEER The South County Wastewater Treatment Facility (SWWTF) Reuse Control Panel Replacement project has been designed by Kimley-Horn and Associates, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Submit shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials and prepare the site. 7. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 270 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: Install all mechanical and electrical equipment, pipe and appurtenant items. Perform all equipment start-ups and field testing. 213 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 271 calendar days to 300 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 4. Demobilize. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $606,527.00. 214 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.2 Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 215 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530) 8.2 General Conditions (Section 00700). 216 8.3 Supplementary Conditions (Section 00800). 8.4 Notice to Proceed (Sample Provided in Section 00800) 8.5 Public Construction Bond (Section 00600) 8.6 Certificate(s) of Liability Insurance (Section 00620) 8.7 Contractor's Application for Payment (Sample Provided in Section 00800) 8.8 Certificate of Substantial Completion (Sample Provided in Section 00800) 8.9 Final Release of Lien (Sample Provided in Section 00800) 8.10 Technical Specifications bearing the title "South County Wastewater Treatment Facility (SWWTF) Reuse Control Panel Replacement" 8.11 Drawings Titled "SWWTF Reuse Control Panel Replacement" 8.12 Addenda numbers N/A to N/A, inclusive. 8.13 CONTRACTOR'S Bid (Section 00310). 8.14 Bid Bond (Section 00410) 8.15 Schedule of Subcontractors (Section 00431). 8.16 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.17 Disclosure of Relationships (Section 00452). 8.18 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.19 General Information Required of Bidders (Section 00456). 8.20 Drug Free Workplace Certification (Section 00458). 8.21 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions (Samples provided in Section 00800). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions, as supplemented by the Supplementary Conditions, will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 217 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(c-ircgov.com Indian River County Office of the County Attorney 218 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page has been left blank intentionally] 219 This Agreement will be effective on February 1, 2022 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman M Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: la Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Terry Southard Title: Utility Operations Manager Contact Info: (772) 226-3404 terrysouthard@ircgov.com CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 220 oo- idol, ' ► � ac.k� Kimley»>Horn January 11, 2022 Terry Southard Operations Manager Indian River County Department of Utility Services 4350 41 s' Street Vero Beach, FL 32960 RE: South County Wastewater Treatment Facility (SCWWTF) Reuse Control Panel Replacement - KHA Bid Review Bid # 2022020 KHA Job No. 044572065 Terry, Indian River County Board of County Commissioners publicly advertised the bid documents for the South County Wastewater Treatment Facility (SCWWTF) Reuse Control Panel Replacement project on November 18, 2021 and scheduled a non -mandatory pre-bid meeting, which was held on-site on December 2, 2021 to discuss the project with potential bidders. On December 17, 2021, the bids were publicly opened and read. Indian River County Department of Utility Services (IRCDUS) staff provided Kimley-Horn with electronic copies of the two (2) bids that were received. A bid tabulation was prepared by Kimley-Horn that includes the summary of the total bid amounts for the two (2) bids that were received. The bid amounts for this project are as follows: Company Total Bid Paragon Electric of Vero, Inc. $ 606,527.00 Hinterland Group, Inc. $ 773,965.00 Engineer's Opinion of Construction Costs $ 497,183.05 Kimley-Horn reviewed the bids for completeness with respect to the lowest responsive, responsible bidder. All bid packages were provided by IRCU and reviewed by Kimley-Horn. The results of our review are as follows: • No math errors were found in all the bids reviewed. • Upon review of the bid package, it was found that Paragon Electric of Vero, Inc. has submitted the documentation requested by the bid with the lowest bid price. • Bids were not competitive with the next highest bidder, Hinterland Group, Inc. being 27% higher than the Paragon Electric bid In October 2021, Kimley-Horn prepared a conceptual cost estimate for IRCDUS to replace the reuse control panel at the SCWWTF. The conceptual cost estimate (subtotal and contingency) was $497,183.05. The lowest responsive bid from Paragon Electric was 22% more than the Engineer's Opinion of Construction Costs (OPCC). We believe many factors contributed to the elevated bid values, such as: 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 aao , I Kimley»>Horn Page 2 1. The rapid increase in inflation over the past year (-20%-30%). 2. Policy changes that have greatly impacted pricing of fuel, goods and services 3. Due to the ongoing COVID-19 pandemic, many manufacturers and contractors are losing production time due to sick employees or potential exposures to the virus. a. This lost production time impacts project schedules, requiring elevated costs to perform work short-staffed. b. Significant impacts to the supply chain and availability of materials/equipment. 4. Equipment shortages have led vendors/fabricators to hold their pricing for very limited period of time. The pandemic coupled with fluctuating market conditions have significantly impacted costs for everything. Construction costs over the past two years have skyrocketed globally, and this project is no exception. Kimley-Horn has experience working with Paragon Electric on water plant related construction projects. Most recently, Kimley-Horn worked with Paragon Electric for the South Oslo WTP ATS Replacement. Paragon Electric was responsive and finished this particular project on schedule. In summary, we see no reason IRCDUS should not award this project to Paragon Electric. Based on the results of our review, Paragon Electric submitted the lowest responsive, responsible bid for the project. Should you have any questions or comments, please do not hesitate to contact this office at (561) 840- 0258. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Nick Black, P.E. Attachment: Bid Tab, Paragon Bid, Hinterland Bid cc: Harrison Youngblood, P.E., Rich Meckes, Mark Miller, P.E. K:\WPB—Civil\044572065 - SVV TP RCP Replacement\Bidding\Bid 2022020 - SCWVVrF RCP Replacement- KHA Bid Review.docx 561 845066 a 0Z in `0 } } a} m " N d L _ +O+ Z C LO } } Q s 1 Z m°o z �w} a dz N Oi Z " N Y as } } 0 00 U c a Co m m N m m rn c o Cl) r co r- 0 V3 O o Ln a O o 0 rl Ln M m N O 00 LQ O f6 O CD (D r- It H eA EA tfT T O O U O O N O O tM O O C C O U vq CG C) O O O a C U N (O R c LO M N M M M O N to O 0 C ka co O O O O O O c a1 O O S M O O c Cl) 0 C o e» va U c 0 2 L Y U y c c — O o U w CU o > c c 0' 0 U O -c 0 � O A w a i C f0 C d Q p) c E a 0 0 d 2 w SECTION 00310 BID FORM SOUTH COUNTY WASTEWATER. TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT Bid 2022020 THIS BID IS SUBMITTED TO: Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder wil' sign and submit the Agreement with the insurance and other documents required by the Owner within fifteen (15) days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder acknowledges and agrees that it is bidding on construction of improvements at the South WWTF. Please refer to the construction drawings labeled: SWWTF REUSE CONTROL PANEL REPLACEMENT (d) Bidders are notified that the estimates of the quantities of the various items of Work and materials as set forth in the Bid Proposal (Schedule of Bid Items) are approximate only and are given solely to be used as a uniform basis for the comparison of Bids. The quantities actually required to complete the Project and Work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the CONTRACTOR by reasonthereof. (e) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit 00310-1 Ce)PV a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Bid Proposal (Schedule of Bid Items) attached to this Bid Form. The quantities shown on the Bid Proposal Schedule of Bid Items) are approximate quantities. The actual quantities mayvary. 5. The following documents are attached to and made a part of this Bid: (a) Bid Form (Section 00310); (b) Schedule of Subcontractors (Section 00431); (c) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432) (d) Disclosure of Relationships (Section 00452); (e) Sworn Statement Under the Florida Trench Safety Act (Section 00454); (f) General Information Required of Bidders (Section 00456); (g) Drug Free Workplace Certification (Section 00458); (h) A current certificate of insurance evidencing coverages and limits in the amounts required by the Contract Documents. Total Bid Amount in words: TJX /711-mli y LAX f oyCA Al wll�J: f�i AZ4,16d 1�1; � Jl�ytS�1 �4h.d �'1 /06 Bid Form 00310 Page 2 SCHEDULE A SCHEDULE OF RID !TEMS BID NUMBER 2022020 PROJECT IDENTIFICATION: South County RO Treatment Improvement THIS BID IS SUBMITTED INDIAN RIVER COUNTY PURCHASING TO: DIVISION 1800 27th STREET VERO BEACH, FLORIDA 32960 BY: Company Name Bid Bid Item Description Unit of Unit Price Quantity Bid Item Total (in figures) Item Measure No. 1 Mobilization and Demobilization LS $ 1 7 $ 3, b cio 1 00 2 General Construction LS $ 1 $ 5 6 3 o a Subtotal (Bid Items 1 and 2): $ S66 , S a7 , o O 3 Contingency Allowance ALLOW $40,000.00 1 1 $40,000.00 Total Bid Amount: $ QG 5" al 6 6 Total Bid Amount in words: TJX /711-mli y LAX f oyCA Al wll�J: f�i AZ4,16d 1�1; � Jl�ytS�1 �4h.d �'1 /06 Bid Form 00310 Page 2 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agrees to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to: 1) alter any resulting contract; or 2) request additional compensation. SUBMITTED on llls<.. I7 2021. 1` m Loo L LLzc�2;c_ ai� C. Name of Firm A thorized Signature A�/u}}J 2 Es r a07 Title IX -/6 - ac -1-1 Date Signed 912.o PZAC Address 1/0?o REAc_1A El. 3 aci K,; - City, State, Zip Code Phone E-mail: //J t1R.A Q o0f-ILC 0 L OTA Ai Lr Business Tax Receipt No.�� 1 1 • o O FEIN Number: 59 _ d' S 00 97 State Contractor License No. LC Boo ),:-j 3 ! Bid Form 00310 Page 3 (Corporate Seal) THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond Bond No.: 408854 KNOW ALL MEN BY THESE PRESENTS, that we Paragon Electric of Vero, Inc 9120 16th Place , Vero Beach , FL 32966 as Principal, hereinafter call the Principal, and Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County 1800 27th Street "Building B", Vero Beach, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars ($ 5 % ), to I t .4•,.1., 11 d truly to b d the id Prinrinal and the said Surety bind IVr lllc payment vi 'v4ui�.n Sli,ii 'rJ%u and truly v u2 made, said .-.r•-. ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bid 2022020 - SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of November 2021 XXX t fitness) Paragon, IectricpfVeroInc ` (Principal) (Seal) Thomas Granims (Title) President Timothy P Fields Attorney -in -Fact AIA DOCUMENT A310* BID BOND •AIA®•FEBRUARY 1970 ED. -THE AMERICAN NSTITUTE OF ARCHITECTS, 1 735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 Bond #: 408854 MERCHANTS B0NDI.NG CO M.PAN Y::., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Timothy P Fields their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the, execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In 1N4 -es- 1nlhorcnf, the f mmna.niac he 3g pgi_�cg i thjg jnstrument to hp, Si,)ned and sealed this 30th day of November 2021 ,,..... ,,., ... •olONq�'•, -��t1G COA ;'h 'ORPGR9 eO '. ; (MUTUAL) �m� OPP09q qy'• MERCHANTS NATIONAL ONDIING,MERCHANTS BONDING COMPANY ( NC CQ ~:Z -o- ;v':' 2003 1933 ;'c; By �v- a`� :i��\�• '���jy \1A . President •,W ; .,.' STATE OF IOWA COUNTY OF DALLAS ss. On this 30th day of November 2021 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PFtIA4 POLLY MASON s —� o v Commission Number 750576 z ° ° ° ° '` My Commission Expires • ,oWP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30th day of November 2021 ;yt�,o�P"ph;•.•6�0,; �•�O•.�APDy9,9•.• y ' 2003 • `x 1933 c; Secretary ' •s�. POA 0018 (1/20) ,• "' SECTION 00410 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". END OF SECTION 00410-1 SECTION 00431 SCHEDULE OF SUBCONTRACTORS (This form MUST be submitted with each bid) PLEASE LIST ALL SUBCONTRACTORS ANTICIPATED TO RECEIVE $10,000 (TEN THOUSAND DOLLARS) OR MORE OF WORK UNDER THIS PROJECT, INCLUDING NAME; ADDRESS; SPECIALTY; AND LICENSE TYPE AND NUMBER. The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS TYPE OF WORK LICENSE # LQwRir r.a Lap- L'6)vS! kuc crnJ .�,LRU CA" - /Yl l' 'W'A l_. G C I E �— E'9 3 1 Total dollar amount that will be awarded to Sub -contractors AND INCLUDED IN THE TOTAL AMOUNT OF THE BID $ /a-71 000.go NOTE: The above Schedule of Subcontractors must be submitted with the Bid Form and will become a part of the Contract Documents. END OF SECTION 00431-1 SECTION 00432 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZE® COMPANIES This form must be submitted with each bid. I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates, of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: 0) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. n i Name of Respondent: PIS(ZA GcstJ ,�1c�l2tc_ aL� L2a, By: (Authorized Signature) Title: PRLR,a/&X. Date: a, — / 6 - SECTION 00452 SWORN STATEMENT UNDER SECTION 1.05.08, INDIAN RIVES COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement MUST be submitted with Bid No. 2022020 for SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT This sworn statement is submitted by: ©Aka C60 c %mi Q,c (Name of entity submitting Statement) whose business address is: 9/2.o /9) 4 PLA6Ii llgA �r,o��l,���/ 2961 My name is -`Nr� m A S L- a&A,), mS (P!-zse print name of individual sib ing, and my relationship to the entity named above is hms;ilpa- 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, tmcle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452-1 Name of Affiliate or entity Name of County Commissioner Relationship or employee f r (Signature) (Dale) STATE OF Hort do .- COUNTY OF I RCU l - P—1 1 C)r Sworn to ('or affirmed) and subscribed before me by means of ❑ physical presence or Q�, online notarization, this 1 (.0* day of P tMUr 0 21 , by lf-�0tv\OS GZ YO -41 i rV� S (name of person making statement). *4" Notary PubVe Stats `�73NN4 (Signature f Notary Public - State of Florida) Jody L KilterMMy Cammrs�ron co a(Print, Type, or Stamp Commissioned Name of Notary Public) 30, IV ExptreaOC/=023 who is personally known to me or ❑ who has produced as identification. END OF SECTION 00152-2 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. This Sworn Statement is submitted with Bid No. 2022020 for SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT (Name of Proiect) l 2. This Sworn Statement is submitted by PAiLA(�d>J��3L/R)L al' xS, �G• (Legal Name of Entity Submitting Sworn Statement) . hereinafter "BIDDER". The BIDDER's address is aria lk7 �lA .r Van P 'n&./A /=L 3a.9�, BIDDER's Federal Employer Identification Number (FEIN) is f — a Sao L% My name is TNomAs 15. LujiI rx-i and my relationship to the BIDDER (Print Name of Individual Signing) IS 17t - (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that wiii be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of p , based on the linearfeet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 00454- 1 The BIDDER has all and included in its bid the total amount of $ O based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: z. The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER, in submitting this bid, represents that it has obtained and considered all available .geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER, has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. . BIDDER: By; Position or Title: A2gs/ 4"L,7- Date: is /�/zatil STATE OF UO(I da COUNTY OF lfdd&�VU Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence ori online notarization, this t day of T,-)tC. 20 2-1 by lFV Ma% W IMS (name of person making statement). OW _ �. �WY L KKK le °' (Si nature of Notary Public - State.. of Florida) MY CMM4&icn GG 361304 (Print, Type, or Stamp Commissioned Name of Notary Public) q Expires ow2Z=3 Nwho is personally known to me or ❑ who has produced as identification. * * END OF SECTION * * 00454-2 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required. Documentation Submitted with Indian River County Bid No: 2022020 for the SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT How many years has your organization been in business as a General Contractor? 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? ,Spu Y1 8&L.o Ly 11 -Ar-<—/L,OLAcgrniz - 2c— - AJoLI-Icia) QlxIi, PA wL ldu,nplh/L, �)a anJ -MAIL 'oud-y -_ � L, 2.0 0 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Provide the name, title, and contact information, including email address and phone numbers, of three individuals or corporations for which you have performed similar work that Indian River County may contact for a reference: (1) Lawrence Lee Coonstruction Services; Geoff Schmitt; gs@LawrenceLeeConstruction. com; (561) 578-7715; (2) Warton Smith; Sean White; swhite@,vhartonsmith.com; (407) 402-1167; (3) Midstate Mechanical; Bob Fields; bob@midstatemech.com; (772) 473-1208 5. Name of person who inspected site or proposed work for your firm: Name: <</oxn C9An))ms 4- OA�-r &JatdK&J Date of Inspections: it i Y /2 Describe any anticipated problems with the site and your proposed solutions: 00456-] 6. Will you Subcontract any part of this Work? If so, describe which portions: lb o 6 L 21TPLAus m?-oT 7. What equipment do you own that is available for the work? /a // 2anoiPitc/ 1�[aLb,Pm)xa 8. What equipment will you purchase for the work? /1J D x.hs' Whai equipment will you reni for the work? 10. Florida General Contractor's License No: lr C. (}0O ?,-) 3 11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) `Je-t? 1DG``1GY\C-A 4w' - OL — 12. List the names and titles of ALL officers of Contractor's firm: 00456-2 Current Assets CASH ACCT iTHINK PETTY CASH $$ MRKT ACCT iTHINK ACCOUNTS RECEIVABLE Inventory -Materials EMPLOYEE LOANS - Dave C Total Current Assets Property and Equipment FURNITURE & FIXTURES MACHINERY & EQUIPMENT AUTOMOBILES & TRUCKS Allowance for Depreciation Building Improvements Total Property and Equipment Other Assets Deposits Total Other Assets Total Assets Current Liabilities Accounts Payable Total Current Liabilities Long -Term Liabilities Total Long -Tenn Liabilities Total Liabilities Capital Distributions Common Stock Paid -in Capital Retained Earnings Net Income Total Capital Total Liabilities & Capital PARAGON ELECTRIC OF VERO, INC. Balance Sheet November 30, 2021 ASSETS $ 16,200.15 89.30 1,549,536.49 279,337.55 8,200.00 26,084.00 19,477.72 189,092.01 388,317.23 (590,209.58) 8,275.00 8,000.00 1,879,447.49 14,952.38 8,000.00 $ 1,902,399.87 LIABILITIES AND CAPITAL $ 71,235.12 (62,699.91) 100.00 4,910.00 1,102,3 84.27 786,470.39 71,235.12 0.00 71,235.12 1,831,164.75 $ 1,902,399.87 Unaudited - For Management Purposes Only 13. State the true and exact, correct, and complete name under which you do business. BIDDER is: Paragon Electric of Vero, Inc. 14. State your total bonding capacity: $5,000,000 15. State your bonding capacity per job. $3,500,000 16. Please provide name, address, telephone number, and contact person of your bonding company. J.W. Edens & Company, Inc. (321) 383-4554 Mike Simpson 17. List all ligation cases during the past three (3) years in which the Contractor has been a namea patty. use aaaitional sneers, as necessa 4 t ;r+ fives —fnr —nc from nrnionfc cimilnr in ci7A nr Inmor 0,13 �Proje+rtare Cot�aaa i3scrapica Sea Attached END OF SECTION 00456-3 18. List five references from projects similar in size or larger. Owner Project Name Contact name, Phone and em Martin Co Dixie Park Booster Geoff Schmitt: 561-578-7715 Utility Pump Replacement gs@lawrenceleeconstruction.com Brad Macek: 772-873-6412 Indian River IRC West Regional Sean White: 407-402-1167 County Plant Expansion swhite@whartonsmith.com Piper Duane Hoppe Aircraft IRSC IRSC-Williamson Center City of Port Prineville RO Plant St. Lucie Service Upgrade Duane Hoppe: 772-299-2384 duane.hoppe@piper.com Description Demo & in-line booster PS replacement Complete electrical for expansion project Electrical wiring for HVAC Renovations 2500 AMP Switchboard LuAnne Woodley; 321-877-4385 Emergency Generator lawoodiev@heardconstruction.com wire and install @ IRSC Willliamson Center Brad Macek: 772-873-6412 Install new line up bmacel<@cityofpsl.com with transfer SW CERTIFICATE OF LIABILITY INSURANCE FDATE (MMIDD/YYYY) 2/3/2021 __ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CUNIPRODUCER NAME:VI Shari McNeely J.W. Edens & Company PHONE (321)383-4554 FAX No): 4321)383 AIC. No Ext): E-MAIL smcneely@jwedens.com P.O. Box 278 ADDRESS: -_ne Titusville FL 32781-0278 INSURER A: Southern Owners Insurance Co. INSURED INSURERB:Owners Insurance Company Paragon Electric Of Vero, Inc. INSURERC:FFVA Mutual Insurance CO 10385 9120 16th Place INSURER D; lVero Beach FL 32966 1 INSURER COVERAGES CERTIFICATE NUMBER:cL20122110225 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, -- ,.,. , '..., ,r.,-, , ,n e,ro 1-1— ne AV uv Ac ❑CCIQ PP: nl IrGn RV PAIn /,I AIMR INSR TR TYPE OF INSURANCE ADDL I SUER V POLICYNUMBER POLICY EFF MM/D NYYY1 POLICY EXP MtWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED S 300,000 PREMISES Ea occurrence) A CLAIMS -MADE o OCCUR MED EXP (Any one person) $ 10,000 X Lmtd Contractual Liab. 7286253221 1/1/2021 1/1/2022 PERSONAL & ADV INJURY S 1, 000, 000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OPAGG S 2,000,000 POLICY PRO- X LOC S JECT OTHER: Eaaccident- -� S 1,000, UUO AUTOMOBILE LIABILITY BODILY INJURY (Per person) S I I X ANYAUTO BODILY INJURY (Per accident) S B ALL OWNED SCHEDULED 4786253202 1/1/2021 1/1/2022 AUTOS AUTOS NON -OWNED _PA PERDAMAGE S 11 X X HIREDAUTOS AUTOS S X UMBRELLA X OCCUR EACH OCCURRENCE S 2,000,000 AoGREeGrATE S 2,000,000 EXCESSLIAB CLAIMS-Iv1ADE A 4786253203 1/1/2021 1/1/2022 DED X RETENTION S 10,000 $ PER OTH- X XI WORKERS COMPENSATION STATUTE ER EL EACH ACCIDENT " S 1,000,000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 1Er4C8 N I A E.L. DISEASE -EA EMPLOYEE $ 1,000,000 C OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 40-0032156-2021A 1/1/2021 1/1/2022 DISEASE - POLICY LIMIT S 1,0c0,000 If yes, describe underE.L. DESCRIPTION OF OPERATIONS belov+ A Leased/Rented Equipment 7286253221 1/1/2021 1/1/2022 $100,000 Limit Ded All Pedls S1 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD lot, Additional Remarks Schedule, maybe attached if more space is required) "Bid 2021023 - South Oslo Road WTP Automatic Transfer Switch (ATS) Replacement". The General Liability policy includes a Blanket Additional Insured status only when there is a written contract that requires such status. This insurance is primary for the Additional Insured, but only with respect to liability arising out of "your work" for that Additional Insured by or for you and BLANKET WAIVER OF SUBROGATION When you have agreed to waive your right of subrogation in a written contract. Workers Comp policy includes a Blanket Waiver of Subrogation endorsement. Auto Policy includes DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE CERTIFICATE HOLDER I,ANL.CLL/AI IUIV (772)770-5140 purchasing@IRCGOV.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County Public Works Dept THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Division 1800 27th Street AUTHORIZED REPRESENTATIVE Vero Beach, FL 32960 J. Wayne Edens/SHARI =� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201,101) COMMENTSIRE ARKS BLANKET COVERAGE and WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET INC . � 00456-4 SECTION! 00458 DRUG-FREE WORKPLACE CERTIFICATION The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is So cunvlcled. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Paragon Electric of Vero, Inc. Company Name Bidder's Signature % Date ' - / - Y Z + PROJECT No. 21-22-105 Bid NAME: South County Wastewater Treatment Facility (SWWTF) Reuse Control Parcel Replacement HG Job No. 21-0343-00 BID DUE - Friday, December 17, 2021 @a 2:00 PM SUBMITTED TO: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 SUBMITTED BY: C"O*q* HINTERLAND GROUP INC. r h 1a Hinterland Group, Inc. 2051 W Blue Heron Blvd Riviera Beech, FL 33404 561-640-3503 Contact: Chase Rogers, Project Director Email: infohinterlandgroup.com SECTION 00310 BID FORM SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT THIS BID IS SUBMITTED TO: Indian River County Purchasing Division 1 80jD27th5t%ok.t Vero Beach, FL_ 32960 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the insurance and other documents required by the Owner within fifteen (15) days after the date of Owner's Notice of Award. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder acknowledges and agrees that it is bidding on construction of improvements at the South WWTF. Please refer to the construction drawings labeled: SWWTF REUSE CONTROL PANEL REPLACEMENT (d) Bidders are notified that the estimates of the quantities of the various items of Work and materials as set forth in the Bid Proposal (Schedule of Bid Items) are approximate only and are given solely to be used as a uniform basis for the comparison of Bids. The quantities actually required to complete the Project and Work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the CONTRACTOR by reasonthereof. (e) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit 00310-1 a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. Bidder will complete and include with the bid the Bid Proposal (Schedule of Bid Items) attached to this Bid Form. The quantities shown on the Bad Proposal Schedule of Bid Items) are approximate quantities. The actual quantities mayvary. 5. The following documents are attached to and made a part of this Bid: (a) Bid Form (Section 00310); (b) Schedule of Subcontractors (Section 00431); (c) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432) (d) Disclosure of Relationships (Section 00452); (e) Sworn Statement Under the Florida Trench Safety Act (Section 00454); (f) General Information Required of Bidders (Section 00456); (g) Drug Free Workplace Certification (Section 00458); (h) A current certificate of insurance evidencing coverages and limits in the amounts required by the Contract Documents. Total Bid Amount in words: Seven Hundred Seventy Three Thousand Nine Hundred Sixty Five Dollars Bid Form 00310 Page 2 Cf 41FCf111 F I Cf'Wrnl11 F (1F RIn ITFMC BID NUMBER 2022020 PROJECT IDENTIFICATION: South County RO Treatment Improvement THIS BID IS SUBMITTED INDIAN RIVER COUNTY PURCHASING TO: DIVISION 1800 27th STREET VERO BEACH, FLORIDA 32960 BY: Hinterland Group Inc. Company Name Bid Bid Item Description Unit of Unit Price Quantity Bid Item Total (in figures) Item Measure No. 1 Mobilization and Demobilization LS $ 30,000.00 1 $ 30,000.00 2 General Construction LS $ 703,965.00 1 $ 703,965.00 Subtotal (Bid Items 1 and 2): $ 733,965.00 3 Contingency Allowance ALLOW $40,000.00 1 1 $40,000.00 Total Bid Amount.. $773,965.00 Total Bid Amount in words: Seven Hundred Seventy Three Thousand Nine Hundred Sixty Five Dollars Bid Form 00310 Page 2 The undersigned hereby certifies that they have react and understand the contents of this solicitation and agrees to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to: 1) alter any resulting contract; or 2) request additional compensation. SUBMITTED on Deremher 16 .2021 NN D Hinterlanj Group Inc. >^` o_ti ..•• •. `'• Name f rm "•'' `� �. La fTii• O Aut ri e Signature;_ P Pr ident Title +�0'0•e :nnnq,ot,�, December 16 2021 Date Signed E-mail: info@hinterlandgroup.com Business Tax Receipt No. 2018108321 FEIN Number: 20-5156844 State Contractor License No. CGC1520354 2051 W. Blue Heron Blvd., Address Riviera Rpnrh FI 33404 City, State, Zip Code (i6-1) 640 - 3503 Phone Bid Forrn 00310 Page 3 (Corporate Seal) SECTION 00410 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". END OF SECTION 00410-1 BID BONA Bond KNOW ALL BY THESE PRESENTS, that we, the undersigned, Hinterland Group Inc 2051 West Blue Heron Boulevard Riviera Beach FL 33404 as Principal, and (Name and Address of CONTRACTOR) Hartford Accident and Indemnity Company, One Hartford Plaza. Hartford, GT 016156 as surety, are hereby (Name and Addrm of Surety) held and firmly bound unto Indian River County 1800 27th Street, Vero Beach, FL 32960 (Name of OWNER) as OWNER in the penal sum of Five Percent of the Total Bid Amount Dollars ($ 50k of the Total Bid Amount ) for the payment of which, well and truly lobe made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed this 13th day of December 2021 The Condition of the above obligation is such that tivhereas the Principal has submitted to Indian River County a certain BID, attached hereto and hereby made a part hereof to enter a contract in writing, for the construction of SWWI'F RDP Replacement RFP/Contract No. 2022020 NOW, THEREFORE, (a) If said BILI shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form. of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons pedonaing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said. BID, thea this obligation shall be void, othenvise the same shall remain in force and effect; it being expressly undeMood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such AID; and said Surety does hereby waive notice of any such extension. 00302-1 S-20MIGEEF 11197 Page t of 2 IN WITNESS 'WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Hinterland Group Inc (Principal, C CTOR) BY: i Dani I u e , President ��aooeaosoppp�o X009NP- G R �. �o �4,.o�PORq��°°° o0 U �. ER0 p FCOR�O�^' 's���99aPa®aao�A Hartford Accident and Indemnity Company (Surety) i 2 n� j BY: A n (Attorney -in -Fact) J nlie N. Langan IMPORTANT -- Surety companies executing BONDS mint appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 00302-2 5-2096/GEEF 1' Page 2 of 2 y Direct JnquirieslCfaims to: HE � VT�E � One BOND, HARTFORD azo Hartford, Connecticut 06155 bond clai mgAt heh artfo rd. com call; 888-266.3486 or fax: 860-757.5835 KNOW ALL PERSONS VY THESE PRESENTS THAT: Agency Code: HALCYON UNDERWRITERS Agency Code: 21-224119 [--X--] Hartford Fire Insurance Company, a corporation duly organized under the la%vs of the State of Connecticut Hartford Casualty Insurance Company, a corporation duty organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duty organized under the laws of that State of Connecticut Hartford underwriters insurance Company, u corporation duty organized under (lie laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the taws of chic State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of$15,000,000: Jerrie fJ. Lanman or Maitland, FL their true and ia*J i Aitomey(s)-in-Fact, earh In their separate capacity if more than one is named above, to sign its name as surety(ies) on;y as delineated above by ®, and to execute, seat and acknarAedge any and all bonds, undertakings, contracts and other lemtten Instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfa mance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the, Companies have caused these presents to be signed by its Assistant Vice President and its Corporate seals to be hereto affixed, duly attested by its Assistant secretary. Further, pursuant to Resolution of the Board Of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signa"s applied to this Power of Attorney. �� U-Ps 3 i�7�t � ': - - �+�j ��♦ J • *� �- rsrna». near `'�'• Shelby Wiggins, Assistant Secretary STATE OF FLORIDA S5. Lake hoary COUNTY OF SEMINOLE Joelle L. LaPierre, Assistant Vice President On this 20th day of May. 2021, before me personally carte Joelle 1. LaPierre to me known, who being by me duly sworn, did depose and say: that she resides in Serrinode County, State of Florida. that she is the Assistant Vice President of the Companies. the corporations described in and which executed the above instrument; that she knows the seals cf the said corporations; that the seals affixed to the said instrument ate such corporate seats. that they were so affixed by authonty of the Boards of Directors of said corporations and that she signed her name thereto by like authority.! %� ��� Jessica Cicsent 9?oe r4�¢ MyCavua>ss:on Hit 122280 LxpTTe tune 2% N2s 1, the undersigned. Assistant Vice President of the Companies. DO HEREBY CERTIFY that the above and Ioregoing is a true and correct copy of the Power of fiCrxney executed by said Companies, which is sfdl in full force effective as of December 13, 2021 Signed one sealed in Lake Mary, Florida. �„r � nnrxa�,.. �••r•'•' � fa q4 s i97f� � tq.. 1944 • � �s:.'e''r 1 �raow'- • '�, -. lath • } 'r bona' 4w�. K4� T Keith Dozols, Assistant Vice President SECTION 00431 SCHEDULE OF SUBCONTRACTORS (This form MUST be submitted with each bid) PLEASE LIST ALL SUBCONTRACTORS ANTICIPATED TO RECEIVE $10,000 (TEN THOUSAND DOLLARS) OR MORE OF WORK UNDER THIS PROJECT, INCLUDING NAME; ADDRESS; SPECIALTY; AND LICENSE TYPE AND NUMBER. The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS TYPE OF WORK LICENSE # Foreseen Total dollar amount that will be awarded to Sub -contractors AND INCLUDED IN THE TOTAL AMOUNT OF THE BID $ NOTE: The above Schedule of Subcontractors must be submitted with the Bid Form and will become a part of the Contract Documents. END OF SECTION 00431-1 SECTION 00432 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES This form must be submitted with each bid. I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following nrrrnr with rpcnprt to the rmmnanv nr a ralatari Pntitv- !il it has hepn nlared on the SrrutiniZPd Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods orservices of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business ogperetdQgysain Cuba or Syria. G Name of Res dent: Hinterland GroupInc.m� Q�' "�•Pol?�'•, By:713 A (Authoriz tkatye) Daniel Duke, III ` 0 •'ICOR Title: President �0a0aaaoaoaoco Date: 12/16/2021 SECTION 00452 SWORN STATEMENT UNDER SECTION 105.05, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid No. 2022020 for SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT This sworn statement is submitted by: Hinterland Group Inc. (Name of entity submitting Statement) whose business address is: 2051 W Blue Heron Blvd. Riviera Beach, FL 33404 3. My name is Daniel Duke, III and my relationship to the entity named above is President 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. i. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452-1 Name of Affiliate or entity STATE OF FLORIDA COLTNTy OFPALM BEACH Name of County Commissioner Relationship or employee p,ND CsRO .� .0gPO%�,Q?�Ci n '(Signature) +ma y :0 r ! _ 121 60-021 .e •..QR10?:�'" (Date.') 4 Sworn to (or affirmed) and subscribed before me by means of i physical presence or ❑ online notarization, this 16 day of December 2021 , by Daniel Duk -c, III (name of person making statement). MOttTISHJ1tY* SATO 4 C,0mMb�0r#HH t5ats4 (Stgnature of NotAub ' - State of Florida) k Wjms j* 2t, 2Q25 {Print, Type, or Stamp Commissioned Name Of Notary Public) "rFor A: ea'�d � 5 Montisha Lynn Soto who is personally known to me or D who has produced as identification. END OF SECTION 00452-2 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL. BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Bid No. 2022620 for SOUTH COUNTY WASTEWAT ER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT IName of Pr4iest) 2. This Sworn Statement is submitted by Hinterland Group Inc (Legal Name of Entity Submitting Sworn statement) . hereinafter `BIDDER". The BIDDER's address is 2051 W Blue Heron Blvd., Riviera Beach, FL 33404 BIDDER's Federal Employer Identification Number (FEIN) is20-5156844 3. My name is Daniel Duke III and my relationship to the BIDDER (Print Name or Individual Signing) is - e resident (Position or Tine) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. I ne trencrl �areiy Stanuarcis iiia( viii uc iii eiiect oaring ate wllsilu�ii�rll ui iitis �'rujeci are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $100.00 , based on the linearfeet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: Benching The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 00454-1 7. The BIDDER has allocated and included in its bid the total amount of $—Z%—ad based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety s�stem(s) for the Project. t4eA ocnbor m GRO '.•°coRAtc •,'1, �BIDDER: Hinnd Group Inc. Ely: IN . Q • 4° 6 Danle ?til i r Position oO Title: President *4. Dokt;. I G! i 6eL62 i x}5.51 4 STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to (or affirmed) and subscribed before me by means of physical presence or ❑ online notarization, this 16 day of December 2021 , by Daniel Duke, Ill (name of person making statement). MONTISHALYNN SOTO � -- ature of Nota lic - State or Florida) * Comrrlss� 0HH156194 (Print, Type, or Stamp Commissioned Name of Notary Public) w, by ExNes July 2 1. 2025 Montisha Lynn Soto YlFPi nQ Bw4od Pa F,4 -,t1 hbtm7 SzM= gVwho is personally known to me or ❑ who has produced as identification. * * END OF SECTION * * 00454-2 SECTION 00456 GENERAL. INFORMATION REQUIRED OF BIDDERS The undersigned Bidder guarantees the truth and accuracy of all statements and answers herein contained. Fai!ure to comply with these requirements may be considered suffixient justification to disqualify a Bidder. Additional sheets shall be attached as required. Documentation Submitted with Indian Diver County Bid No: 2022020 for the SOUTH COUNTY WASTEWATER TREATMENT FACILITY (SWWTF) REUSE CONTROL PANEL REPLACEMENT How many years has your organization been in business as a General Contractor? 15+ Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? Lake Worth WTP Generator Interconnect - 2020 City of Lake Worth Beach - Steve Fowler - 561-575-2005 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Provide the name, title, and contact information, including email address and phone numbers, of three individuals or corporations for which you have performed similar work that Indian River County may contact for a reference: Lake Worth Beach - Steve Fowler - 561-575-2005 - stephen.fowler@holtzconsulting.com Palm Bay - Christopher Little - 321-952-3521 - chdstopher.little@palmbayflofida.org Town of Davie - Don Bayler - 954-327-3741 - don.bayler@davie-fl.gov 5. Name of person who inspected site or proposed work for your firm: Name: N/A Date of Inspections: Describe any anticipated problems with the site and your proposed solutions: 00 ;56- i 6. Will you Subcontract any part of this Work? If so, describe which portions: No[& fnrQ=.n 7. What equipment do you own that is available for the work? Please see attached HGI Owned Equipment list 8. What equipment will you purchase for the work? None foreseen None foreseen 10, Florida General Contractor's License No: CGC1520354 11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) Please see attached Financial Statement - NOT TO BE SHARED OR READ ALOUD OR MADE PART OF PUBLIC RECORD 12. List the names and titles of ALL officers of Contractor's firm: Daniel Duke, III - President 00456-2 13. State the true and exact, correct, and complete name under which you do business. BIDDER is: Hinterland Group Inc. 14, State your total bonding capacity: 100,000,000.00 15. State your bonding capacity per job. $20,000,000-00 16. Please provide name, address, telephone number, and contact person of your bonding company. Tim Holicky - Hartford Accident and Indemnity Company - 407-562-3487 One Hartford Plaza Hartford CT 06155 17. List all ligation cases during the past three (3) years in which the Contractor has been a .,A -4- 1 Imo-AA;+innn1 chaa+c ac naraccary 'Year filer�..�. �as� number, '� i/e�ue o I :..+ ti.. r. rr.fr,r -- from nrnicric cimilnr in ci7A nr Inmpr O1Ni�srTi T,Y .bNf!i/��7t' �� �ay� 1 %0% Please see attached references o I :..+ ti.. r. rr.fr,r -- from nrnicric cimilnr in ci7A nr Inmpr O1Ni�srTi T,Y .bNf!i/��7t' �� �ay� 1 %0% Please see attached references END OF SECTION 00456-3 x.� H?T LjR$p.+WA GROUP IN E Indian River County — Bid 2022020 South County Wastewater Treatment Facility (SWWTF) Reuse Control Panel Replacement References Owner Project Name Contact Name/Phone/Email Description Brevard Sykes Creek Regional Owen Callard Removal and replacement of the Return County WWfF RASWAS 321-933-2089 Activated Sludge (RAS) and three of the Pumping Station Owen.callarc;@brevardfL_g Waste Activated Sludge (VAS) pumps, including all other incidentals necessary to complete the work. Lake Worth Water Treatment Steve Fowler Electrical, running newservice feeds to well Beach Plant Generator 561-575-2005 pumps and tying the generator Into another Interconnect Steohen.fowler@holtzconsulting.com building for backup power, also include fire alarm work. Town of System 11/111 Don Sayler Remove and replace Plant's existing 750 Davie Generator 954-3273741 KW rated Detroit Diesel engine generator VUi+. UaViCl l`v.Udki C.�f �.(a!Y "k 14U. t UC -6 LU.jC11Liy ULMLCU {ki O standby paralleling generator system at the plant operating In parallel with an existing Caterpillar manufactured control switchboard with a new two (2) generator synchronizing & paralleling control switchgear system that shall be control designated to operate each generator set independently of each other and to also he able to automatically start, synchronize & parallel both the new and the existing 750 KW diesel engine generators sets upon start of Initiation of an automatic sequence for both automatic and manual use for installation in place. Palm Bay South regional WTP Hector Franco _ Furnish and install four (4) Variable High Pressure & High 561-791-4107 Frequency Drives (VFD) at the South Servlce Pump VFD HeLtor franco calmbavflorida.or- Regional WTP; three (3) VFl3's at the High Replacement Service Pumps and one (1) VFD at the High - Pressure Pumps FPUA South Hutchinson Keith Stephens Installation of (2) new split case frumps @ island Repump #t2 772-466-1600 75 HO, new 15 Kva Transformer, lighting Station kse hens Wpva cc m Panel, VFD's for the pumps, outdoor Modifications lighting circuit, multiple different instruments and removal and replacement of existing generator with a new 200 kW generator with standalone fuel tank. Hinterland Group, Inc. 2051 W. Blue Heron Blvd., Riviera Beach, FL 33404 Ph: 561-640-3503 ( Fax: 561-640-3504 inicrah,nterianogroup.cam o, v�v.h�nterlar,r�er©uo.com 00456-4 SECTION 00458 DRUG-FREE WORKPLACE CERTIFICATION The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Hinterland Group Inc does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087. As the person authorized to sign the statement, I certif�{°tba,tl�is firm complies fully with the above requirements. °° P e1D GROG Hinterland Groupm c TF°°, c 2m Company N m m Q 1 n SAL NIA Bidder's I ature aniel Duke,111, President m FCOR\QP•° ° Date 12/16/2021 INS HINTERLAND GROUP, INC. FINANCIAL STATEMENTS DECEMBER 31, 2020 Berkowitz Pollack BrantAdvisors +CFAsAs Berkowitz Pollack Brant ' +CPors CPAs INDEPENDENT ACCOUNTANT'S REVIEW REPORT To the Stockholder of Hinterland Group, Inc. We have reviewed the accompanying financial statements of Hinterland Group Inc., which comprise the balance sheet as of December 31, 2020, and the related statements of Income and retained earnings, and cash flows for the year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted In the United States of America, this includes the design, Implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement whether due to fraud or error_ Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion Accountant's Conclusion Based an our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. 2 MIARti i Fr . LAUDERDALE i SOCA RATDy I WEST PALM BEACH I NEW YORK CRY Supplementary Information The supplementary informatign included In the Schedule of Uncompleted Contracts and the Schedule of Completed Contracts is presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information Is the responsibility of management and was derived from, and relates directly to, the underlying accounting and other records used to prepare the financial statements. The supplementary information has been subjected to the review procedures applied in our review of the consolidated and combined financial statements. We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary Information and do not express an opinion on such Information. West Palm Beach, Florida April 27, 2029 HINTERLAND GROUP, INC, BALANCE SHEET December 31, 2020 ASSETS CURRENT ASSETS: Cash $ 935,468 Contracts receivables 7,916,970 Contract assets 2,578,020 Due from related parties 2,626,989 Other current assets 653,217 TOTAL CURRENT ASSETS 14,710,664 PROPERTY AND EQUIPMENT, net 5,118,429 TOTAL ASSETS $ 19,829,093 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Accounts payable and accred expenses $ 5,112,353 Contract liabilities 256,485 Line of credit 200,000 Current maturities of long-term debt 2,352,355 Current maturities of capital lease obligations 213,256 TOTAL CURRENT LIABILITIES 8,134,452 LONG-TERM DEBT, net of current portion 1,176,867 CAPITAL LEASE OBLIGATIONS, net of current maturities 134,550 TOTAL LIABILITIES 9,445,869 COMMITMENTS AND CONTINGENCIES STOCKHOLDER'S EQUITY Common stock, $1 par value; 100 shares authorized, issued, and outstanding 100 Additional paid -in capital 450,000 Retained earnings 9,933,124 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 19,829,093 See accompanying independent accountant's review report and notes to the financial statements. 5I HINTERLAND GROUP, INC. STATEMENT OF INCOME AND RETAINED EARNINGS For The Year Ended December 31, 2020 REVENUES COST OF REVENUES GROSS PROFIT SELLING, GENERAL AND ADMINISTRATIVE EXPENSES INCOME FROM OPERATIONS OTHER INCOME (EXPENSE): Interest Income Interest expense Gain on disposal of equipment Other income TOTAL. OTHER EXPENSE, net NET INCOME RETAINED EARNINGS, at beginning of year STOCKHOLDER DISTRIBUTIONS RETAINED EARNINGS, at end of year $ 37,110,491 29,519,089 7,591,402 6,748,689 842,713 6,682 (144,492) 20,850 65.354 (51,606) 791,107 10,501,809 (1,359,792} $ 9,933,124 See accompanying Independent accountant's review report and notes to the financial statements. 5 HINTERLAND GROUP, INC. STATEMENT OF CASH FLOWS For The Year Ended December 31, 2020 CASH FLOWS FROM OPERATING ACTIVITIES: Net income 794,107 Adjustments to reconcile net income 200,000 to net cash provided by operating activities: (1,605,580) Depreciation 1,864,986 Gain on disposal of equipment (20,850) Changes in operating assets and liabilities: (1,359,792) Contracts receivable (1,476,352) Contract assets and liabilities (380,051) Other current assets (534,997) Accounts payable and accrued expenses 1,935,978 NET CASH PROVIDED BY OPERATING ACTIVITIES: 2,179,821 CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of property and equipment (491,387) Proceeds from sale of property and equipment 36,087 Advances to related parties _ (856,768) NET CASH USED IN INVESTING ACTIVITIES: (1,312,068) CASH FLOWS FROM FINANCING ACTIVITIES: Proceeds from long term borrowings 1,861,500 Drawdown on line of credit 200,000 Principal repayment of debt (1,605,580) Principal repayment of capital lease obligations (214,108) Repayment of loan to stockholder (860,000) Stockholder distributions (1,359,792) NET CASH USED IN FINANCING ACTIVITIES: (9,977,980) NET CHANGE IN CASH (1,110,227) CASH - BEGINNING OF YEAR 2,045,695 CASH - END OF YEAR $ 935,468 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Cash paid during the year for interest $ 144,492 NON-CASH INVESTING AND FINANCING ACTIVITY Equipment financed with loans $ 469,000 Equipment financed with capital leases $ 45,475 See accompanying independent accountant's review report and notes to the financial statements. 6 Locations: Palm Beach — Cocoa — Stuart �. ► ► 1111111151 t '" ■ 11 j M WWW.HINTERLANDGROUP.COM 2051 W Blue Heron Blvd, Riviera Beach, FL 33404 561-640-3403 PH 561-640-3504 FK INFO@HINTERLANDGROUP.COM COMPANY QUALIFICATION & CERTIFICATION PACKAGE C 0 V E R YAUE Corporate Resume --------------------------------- Page Minutes of Special Meeting --------------------------- Page Department of State Letter of Incorporation -------------- Page 5 Sunbiz information ----------------------------------- Page 6 Insurance Information ------------------------------- page 8 Rnnriahility I PttPr---------------------------------- Page State Licenses ----------------------------------- Page 10 Business Tax Receipt --------------------------------- Page 13 FDOT Certificate of Qualification ------------------------ Page 25 Reference Letters ---------------------------------- Page 27 Pre -Qualified Vendor -------------------------------- Page 32 Owned Equipment ---------------------------------- Page 34 Prior Experience ------------------------------------ Page 42 CIPP Roster ------------------------------------- Page 57 Installed Liner Quantities ----------------------------- Page 58 CIPP Prior Experience -------------------------------- Page 60 0"4q-)-4* HINTERLAND GROUP INC. CORPORATE RESUME DANIEL A. DUKE, 111 President 2051 W, Blue Heron Blvd. Riviera Beach, FL 33404 www.hinteriandgroup.com 561-640-3503 Daniel began his career working on land development projects with his father, and carne to realize his passion for the underground industry. In 2006 Daniel IiI and His father, Daniel Jr, decided to dive into the underground industry full bore and started Hinterland Group out of a small office space in Cocoa, FL. Daniel and his father served as the field crew through the first few years as Hinterland Group developed. Through Hard work and dedication to the best final product possible and customer satisfaction the company has grown exponentially over the years. Daniel has worked on projects of every nature related to the underground industry over the years, including all facets of water, waste water and storm water. Daniel remains a key role player at Hinterland Group and stays involved with all the daily operations. His oversight with all the projects ensures that the final product and customer that HG was built on continue to carry on through every project the company completes. DANIEL A. DUKE, JR. Operations t'le nin) �.00 Tsw,onfii_Cnron —nrc of girant ovnnriar%,o irtr111r4ines %mrin11C %A nctaiAtAtQr lift ztwinn ineiall;Wnnc gravity and force main sewer installations. He provides direct daily supervision of superintendents and skilled labor, management of project schedules, asset management and logistics for entire company personnel and equipment fleet. CHARLES BREIG Electrical Contractor Charles has over 40 years of commercial electrical experience through out the state of Florida. He currently holds a Florida Electrical Contractors License (EC13003615). Charles joined the HGI team in June 2006. JAY B. BREIG Project ManagerlOperations Jay began working in the waste water industry in 2004 for a clarifier rehabilitation company, and then a full service underground utility company in 2006. He then joined the HG team in early 2008, and since then has been a huge contributing factor to the growth of HG as a company. Jay brought a wealth knowledge of the water and waste water industry to the company and allowed HG to broaden its capabilities as an underground contractor. Jay served as a lead foreman for many years on all of the company's largest and most difficult projects ranging from lift station installs to master pumping stations and neighborhood revitalization projects before moving into a management position. Jay now oversees the construction operations for HG by scheduling all crews, coordinating project startups with project managers, arranging equipment deliveries, communicating daily with crew foreman and superintendents and making sure that all jobs are completed properly, on time and under budget. PAGE I 0"A" HINTERLAND GROUP INC. CORPORATE RESUME (CONT.) CHASE R. ROGERS, E.I. Estimating Manager, Engineer 2051 W. Blue Heron Blvd. Riviera Beach, FL 33404 www.hinterlandgroup.com 561-640-3503 Chase has been with the HG team since 2008, in its very early stages. Prior to working at HG Chase had spent several years in the construction industry working for both residential contractors and an industrial electrical contractor. Chase began his career at HG halfway through his collegiate career as a field staff member working on lift station rehabilitation. Since then he has played many roles in the company both in the field and eventually into the office. Chase obtained his Bachelor's degree in civil engineering from the University of Central Florida, before making the transition into the office and has since become a key staff member for HG. He covered the role of Estimator and Project Manager for many years as HG expanded its scope of services and coverage area. As the need for more management grew Chase has fallen into a managerial role for the company, overseeing the estimating and contract procurement departments and helping to coordinate scheduling and crews with the project management team. Chase has worked on all facets of the underground industry over the years from Stormwater and drainage projects, to large pipeline projects, water and waste water treatment plants, and every type of lift station project imaginable. MIKE CARTER Electrical Project Manager Mike has over 28 years in all aspects of the electrical industry including; commercial, residential, service, maintenance, generator installation and servicing and Industrial including water and waster water treatment plants. Mike is a Master Electrician and a Journeymen. His is responsible for overseeing all electrical projects, the estimating of electrical projects, and assisting project managers. Mike joined the HGI team in 2018. BRETT KONCHAK CIPP Project Manager Brett has over 5 years in direct development of multiple land use projects in Florida, including various gravity and force main CIPP sanitary and storm sewer installations. He provides direct daily supervision of CIPP project scheduling, superintendents and skilled labor, Brett joined the HGI team in February 2015. PAGE 2 DANIEL A. DUKE 111 2Riv Riviera Blue Heron 3404 Riuiera Beach, FL 33404 ddukel@hinteriandgroup.com Pres i de n t/Fo under 561-640-3503 PERSONAL PROFILE Daniel began his career working on land development projects with his father, and came to realize his passion for the underground industry. In 2006 Daniel III and His father, Daniel Jr, decided to dive into the underground industry full bore and started Hinterland Group out of a small office space in Cocoa, FL. Daniel and his father served as the field crew through the first few years as Hinterland Group developed. Through Hard work and dedication to the best final product possible and customer satisfaction the company has grown exponentially over the years. Daniel has worked on projects of every nature related to the underground industry over the years, including all facets of water, waste water and storm water. Daniel remains a key role player at Hinterland Group and stays involved with all the daily operations. His oversight with all the projects ensures that the final product and customer that HG was built on continue to carry on through every project the company completes. {,QUALIFICATIONS • Florida General Contractor's License (CGC1520354) • Florida Certified Building Contractor's License (CBC1255077) • Certified Underground and Excavation Contractor License (CUC1224634) {" ;1 V Z C C r fl Z L A, ZZ; GRANGE COUNTY EWRF IN PLANT PUMP STATION REPLACEMENT Project Owner: Orange County Project Location: Orlando, FL Project Value: $1,323,642.00 Role: Project Manager The Process 395 North In -Plant Pump Station Replacement. Furnishing and installation of a new triplex pumps station with three (3) 47 HP Flygt or ABS submersible pumps. Installation of a new 12 feet diameter wet well structure. Furnishing and Installation of the above ground flanged piping manifold with appurtenances. Installation of a new sanitary sewer manhole and 65 linear feet of 16" DIP force main and 48 linear feet of 24" PVC SDR 2.6 gravity sewer. The conversion of the existing pump station wet well into gravity sewer manhole. Demolition of existing valve vault and existing force main. NORTH PALM BEACH EARMAN RIVER TRANSFER PUMP STATION Project owner: Village of North Palm Beach Project Value: $346,680.00 Project Location: North Palm Beach, FL Role: Project Manager installation of a water detection switch in the main mops pump station to confirm that there is water in the wet well, PALM BEACH COUNTY GATOR BLVD WATERMAIN EXTENSION Project Owner: Palm Beach County Project Value: $792,003.00 Project Location: Belle Glade, FL Role: Project Manager Installation of approximately 4,000 Linear Feet of 12" water main on Gator Blvd from E Sugarhouse Road to Duda Road in Belle Glade and included fire hydrants, appurtenances. fittings and all necessary connections to provide a complete and functional water system. Coil it AC -0 Hinterland Group, Inc. j www.hinteriandgroup.com HINTERLAND GROUP INC. . ROGERS, 2052 Blue heron Blvd. E.I.�! Riviera Beach, FL 33404 crogers@hinteriandgroup.com Estimating ManagerfProject Director 561-640-3503 PERSONAL PROFILE: Chase has been with the HG team since 2008, in its very early stages. Prior to working at HG Chase had spent several years in the construction industry working for both residential contractors and an industrial electrical contractor. Chase began his career at HG halfway through his collegiate career as a field staff member working on lift station rehabilitation. Since then he has played many roles in the company both in the field and eventually into the office. Chase obtained his Bachelor's degree in civil engineering from the University of Central Florida, before making the transition into the office and has since become a key staff member for HG. He covered the role of Estimator and Project Manager for many years as HG expanded its scope of services and coverage area. As the need for more management grew Chase has fallen into a managerial role for the company, overseeing the estimating and contract procurement departments and helping to coordinate scheduling and crews with the project management team. Chase has worked on all facets of the underground industry over the years from Stormwater and drainage projects, to large pipeline projects, water and waste water treatment plants, and every type of lift station project imaginable. QUALIFICATIONS: • Bachelor's Degree in Civil Engineering from University of Central Florida • Engineering Intern, E.I. - iY14'i/1 UC:1 tai K'1 of lrL OSHA Confined Space Training • Intermediate MOT certification PROJECT RELATED BACKGROUND STRUCTURAL REPAIR OF THE FLOW EQUALIZATION BASIN AT ECR Project Owner: City of West Palm Beach Project Value: $528, 587.00 Project Location: West Palm Beach, FL Role: On Site Foreman Complete rehabilitation of the flow equalization basin at the City of West Palm Beach East Central Regional Water Reclamation Facility. Dewatering and cleaning/removal of all silt and sediment from the EQ basin, leak stopping throughout, repairs to damaged and spalling concrete and replacement of piping for the EQ basin floor pumps. PUMP REPLACEMENT FOR THE RAW WATER BOOSTER PUMP STATION Project Owner: Collier County Project Value: $653,400.00 Project Location: Naples, FL Role: Project Manager Removal and Replacement of four 300HP split case pumps and their associated VFD drives. All 18" and 24" piping and valves were replaced to accommodate the new pumps. CUDJOE INNER ISLANDS MASTER PUMPING STATIONS Project Owner: Florida Keys Aqueduct Authority Project Value: $2,313,374.00 Project Location: Cudjoe Key, FL Role: Project Manager Removal and Replacement of four 300HP split case pumps and their associated VFD drives. All 18' and 24" piping and valves were replaced to accommodate the new pumps. C"Aq��* Hinterland Group, Inc. I www.hinteriandgroup.com HINTERLAND GROUP INC. B. BREIG 2051 W. Blue Heron Blvd. JAYRiviera Beach, FL 33404 jbreig@hinterlandgroup.com Construction operations Manager 561-640-3503 PERSONAL PROFILE Jay began working in the waste water industry in 2004 for a clarifier rehabilitation company, and then a full service underground utility company in 2006. He then joined the HG team in early 2008, and since then has been a huge contributing factor to the growth of HG as a company. Jay brought a wealth knowledge of the water and waste water industry to the company and allowed HG to broaden its capabilities as an underground contractor. Jay served as a lead foreman for many years on all of the company's largest and most difficult projects ranging from lift station installs to master pumping stations and neighborhood revitalization projects before moving into a management position. Jay now oversees the construction operations for HG by scheduling all crews, coordinating project startups with project managers, arranging equipment deliveries, communicating daily with crew foreman and superintendents and making sure that all jobs are completed properly, on time and under budget, QUALIFICATIONS • OSHA Confined Space Training • Advanced MOT Certification • Crane and Rigging Certification PROJECT RELATED BACKGROUND CITY OF WESTON INDIAN TRACE LIFT STATION REHABILITATION Project Owner: The City of Weston Project Value: $689,531.00 Project Location: The City of Weston, FL Rote: Project Manager This project consisted of the refurbishing, repair, and, replacement of concrete, and metal lift station components along with site related improvements for over 30 Lift Stations in the City of Weston, Florida. PALM BEACH COUNTY WATER UTILITIES DISTRICT ZONE 1 WATERMAIN IMPROVEMENTS Project Owner: Palin Beach County WUD Project Value: $1,121,551.20 Project Location: Belle Glades, FL Role: Project Manager Improvement and replacement of approximately 2,500 LF of VJM and relocation of services from the rear to front of homes. CLIFF CREEK STORMWATER QUALITY RETROFIT Project Owner: City of Melbourne Project Value: $715,290.00 Project Location: City of Melbourne, FL Role: Project Manager The largest baffle box East of the Mississippi for the City of Melbourne, Fl, As part of the "Cleaning Our Lagoon Program," The project included installing a 24'x 30'x 12' deep baffle box structure, 7" x 5" box culvert, corresponding endwalls and canal revetment. CMQ�>-*M Hinterland Group, Inc. j www.hinteriandgroup.com HINTERLANO GROUP INC. MINUTES OF SPECIAL MEETING OF HINTERLAND GROUP INC. Minutes of Special Meting of Hinterland Group Inc. held at ,ScJJ:) • Z,flZ-,,e f Y, �L 3lW on this Z-6 y- day of The President called the meeting to consider the following business: The authorization of Chase Rogers and Danny Duke, Jr_, to sign any and all documentation with regard to the Company. On motion duly made and carried, the meeting proceeded to approve the authorization. Chase Rogers and Danny Duke, Jr., have the authority to sign all documents as stated above. There being no further business, the meeting was adjourned. Dated LivZG /9 Daniel ke I1 UFrWent a • fLpRi�?,�' Hinterland Group Inc. +I,J��Ojr�s�„��•``� STATEOF FI�YIo{rt COUNTY OF P(1 1W 6 tg�k The foregoing instrument was acknowledged before me this by ,, EMILY MENG Notary blie tiY��. `` - 51a1e o! Floritla•rJ'ta'y ?ub'ic Printed Name: r— 1 ` Commi59io1 n GG 24t�22fl I V My Commission Expires My Commission Expires: �®� July 19.2g22 Hinterland Group Inc. Corporate Office 2051 W Blue Heron Blvd. Riviera Beach, FL 33404 Ph 561-640-3503 • Fax 561-640-3504 State of Florida Department of State I certify from the records of this office that HINTERLAND GROUP INC. is a corporation organized under the laws of the State of Florida, filed on June 26, 2006. The document number of this corporation is P06000086423. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on March 2, 2020, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and lite Great Seal of the State of Florida at Tallahassee, the Capital, this the Third day of March, 2020 Number: 432229225SCU Secretary of State To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. "s:Itservices.suab iz.org/FilinoCertificateOfStatus/CertificateAu thentication 3/312020 Detail by Entity Name DiViSION OF raRAO4ATION5 Department of stale 1 t}ItiSinn ciCQta n ,.�na t F. 1 a Y ^ ='men! Plum€ Detail by Entity Name Florida Profit Corporation HINTERLAND GROUP INC. Ffitg Inforinatlon Document Number P06000086423 FEIIEIN Number 20-5156844 Date Filed 06/2612006 State FL Status ACTIVE 2051 WEST BLUE HERON BOULEVARD RIVIERA BEACH, FL 33404 Changed: 04!3012018 ding Address 2051 WEST BLUE HERON BOULEVARD RIVIERA BEACH, FL 33404 Changed: 04130/2018 $tgistered Agent Name & Addre&s Wynne, Ryan J, Esq. 1015 W Indiantown Road Suite 101-A Jupiter, FL 33458 Name Changed: 02/13/2019 Address Changed: 0211 3120 1 9 Officori`0irector Detail Name & Address Title PSTO DUKE, DANIEL A, III 992 W. 15TH STREET RIVIERA BEACH, FL 33404 I Annual: Rep9[t5 I 6 searrh.sunbiz.org/Inquiry/Corpora6onSearcWSearchResultDetoil?inquirytype=EntityName&directionType=Initial&searchName©rcle-HINTERLANDG,- 112 312?12020 Detail by Entity Name Report Year Filed Date 2019 02101!2019 2019 02113/2019 2020 03102/2020 Document Images 0310.29020 — ANNUAL REPQPT I View image in PDF forma, 0?11312019 — AMENDED AN!4U+L REP- Vie,v image in POF format 0210mfn19—ANNUAL REPCiRT V—image in PO'r format 4ar3412018 — Reg, Ageni Gt7att99 View image in POF format o1118J2018 — ANNUAL REPQK, VW1 image in POF format _ 04/1212417 — ANNUAL RFPQRT View image in POF format oit2812416 -- ANNUAL REPORT View image in PDF format a 112012415- Req„ 9taiQbmw Viewimge in PDF format 41123124 1 5 — Atr AL RE O -r View image in PDF format 11 0/?Ota _ ANNtfat RERQRT View image in PDF format 441t117Qi3 ANNtijtL PEPQAT View image in PDF formai 04;0912013 —Reg gg ha ngg View image in PDF format 04179 Z 3 _ ANNUAL REPORT Veew image in PDF format 2117+,moi j1 — AqNVAL REPORT View image in PDF format �f 02115/2010 —ANNUAL REPORT View image in PDF format o4.J1fi12009—ANNUALREPQRT Viiewimage inPDF formal J iJ e6, Guli4 — %9iVFK41M L. KC-t'Ut%i 41ct+ ii 0ii67�L` Ui 1"UY IVIt[Lal I � .Vj" oti09i2007 —ANNUAL R€PORI iniage, in POF formal 06IM2046 — Dymestic PrQfit View image in PDF formal i 7 search-sunbiz.org/Inquiry/CorporationSearchfSearchResu4Detail?inqui ytype=EnbtyNameBdireclionType=lnhial&searchNameOrder--NINTERLANDG... 2/2 8/24/202.0 E Veeify Welcome Brenda Barrivaldi Company Information Company Name Hinterland Group, Inc. Company ID Number 1579646 Doing Business As (DBA) Name DUNS Number Physical Location Address I 2051 W Blue Heron Blvd Address 2 City Riviera Beach State FL Zip Code 33404 County PALM BEACH Mailing Address Address 11 Address 2 City State Zip Code https://e-verify.uscis. govlweb/Employerwizard.a spx E -Verify: Employer Wizard - Company Information =— MENU 113 8!2412040 I I -- E-Verify: employer Wizard - Company Information Additional Information Employer Identification Number 205156844 Total Number of Employees 100 to 499 I Parent Organization Administrator � r f{ Organization Designation ( Employer Category I None of these categories apply j , View 1 Edit i NAICS Code } 237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION j View ! Edit 1 Total Hiring sites 1 ii j View ! Edit t Total Points of Contact 2 View ! Edit View Original MOU Template 4 ..____.._ r Vii==v MO IS7 !111111 Last Login: 08/24/2020 08:24 AM U.S. Department of Homeland Security httpsJ(e-verify.uscis.govAveb/EmployerWizard.aspx 213 ncoirn CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) �.� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. t dorsed If SUBROGATION IS WAIVED, subject to IMPORTANT: If the certificate holder Is an AL the terms and conditions of the policy, certain certificate holder in lieu of such endorsemen PRODUCER South Shore Insurance Inc. 955 SE Central Parkway Stuart FL 34994 INSURED Hinterland Group Inc. 2051 West Blue Heron Blvd Riviera Beach, FL 33404 INAL INSURED, the policy(les) mus en es may require an endorsement. A statement on this certificate does not confer rights to the of Co. OVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPTO WHICH TH ECT IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEE pREDV FAD 8 ouc exa�IMS. � IMIrs OF X I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED300 UDO IP. nrr,menc 1 A CLAIMS -MADE F OCCUR iX Cu XCoverage Included x x GLO 4956332-01 01131/2021 01!3112022 PERSONAL &ADV INJURY $1.00, 000 PrimarylNon Contributory GENERAL AGGREGATE y2,000 D00 GEHL AGGREGATE LIMIT APPLIES PER: --v FYI MR, FI LOC PRODUCTS. COMP/OP AGG s2,000,000 FOR BIDDING PURPOSES ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. <�NL> AUTHORIZED REPRESENTATIVE ,� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD rlllE oduWo Itegional Oona Dcoinnitnr September 2, 2021 RE- Hinterland Group, Inc. To Whom It May Concern: The Hartford, through its operating entities, will favorably consider surety bonds to Hinterland Group, Inc. for projects up to $20,000,000 single and 5100,000,000 aggregate. Our experience with Hinterland Group, Inc. has been excellent, and we highly recommend them to you. Hartford's decision to issue any bond is conditioned upon acceptable review of contract terms, contract amount, bond forms, and financing for each project as well as other pertinent underwriting information at the time of the request. Please understand that any arrangement for any bunds is a matter between Hinterland Group, Inc, and Hartford Accident and Indemnity Company and we assume no liability to third parties or you if, for any reason, we do not issue requested bonds. Hartford Accident and Indemnity Company is licensed and qualified to operate in the State of Florida and listed with the U.S. Department of Treasury Federal Register with an undenvriting limitation of 5219,310,000, and has an AM Best Rating of A+. This letter will expire one hundred and eighty (180) days from, the above date. Very Truly Yours, r; Timothy M. Holiclry The Hartford V0, Bat 958461 f,.-�te Mary. FL 32795 rntt rrre 80t1Ii'_i 1732 Facsimik S77 536 9102 (V LLJ 04 0 u � - C') v ce LLJ Lr) LU v > p o �- o 'y �_ U Z 0 a � now �A t � i� 1 � V v� W Q Ot� if? o Z J V v O i } M CL W to ..� xi��i�. ��- :;� � Z LL � Z . :il' © -WW LJ. 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LU M M N c v V l7 o U) LL. w a-, a m +W LU V Z a a ZLU z F -`Q0 Woo U Z R L LI t Z LL l m S V CL 1 c u O t y., L O m O C A N -., F M. is A N N O N P,O. Box 3353, Wast Palm Beach, FL 33402-3353 "LOCATED AT" 0 CONSTITUTIONAL TAX COLLECTOR www.pbctax.comTel- (561)355-2264 2051 W BLUE HERON BLVD S; rvi!ig flabir Beach Couuly RIVIERA BEACH, FL 33404 Servingyou. TYPE Or BUSINESS O';r4Ep CERTIFICATION b RECEIPT B70ATE PAID AMT PAID BrLL h 230153 BUILDING CGNTRACTDR DUKE DANIEL AMOS III C301255077 820.531b21 - 0f174.�20 S9?.00 8-00171103 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 202012021 LOCAL BUSINESS TAX RECEIPT HINTERLAND GROUP INC ! �b HINTERLAND GROUP INC 2051 W BLUE HERON BLVD RIVIERA BEACH FL 33404-5003 Itlltl'lll"I#Itlliliitltlt#tl�)flail##i#IIl##ullnlJill $IIIIII LBTR Number: 2018108321 EXPIRES: SEPTEMBER 30, 2021 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 0i,�-_ ANNE M. G A N N O N P,0. Box 3353, West Palm Beach, FL 33402.3353 "LOCATED AT CO?43TITUTIONAL TAX COLLECTOR vimv.pbctax.com Tel; (551) 355-2264 2051 W BLUE HERON BLVD Sort-ntg Palet (leach C.tN171tj7 RIVIERA BEACH, FL 33404 Serving you. TYPE OF @US'r7E5s OWNER CERt'IP;ICATIOY P RECEIPT ADATE. PAID AM1IT PAID 81LL N 23.0051 GENERAL.GONTRACTOR DUKE DANIEL M105 III I CGC1520354 L-_820.$31569 07714,20 I 599 GO I 840156237 This document is valid only when receipted by the Tax Collector's Office STATE OF FLORIDA PALM BEACH COUNTY 2020/2021 LOCAL BUSINESS TAX RECEIPT HINTERLAND GROUP INC mm HINTERLAND GROUP INC b 2051 W BLUE HERON BLVD RIVIERA BEACH FL 33404-5003 i#Itlilyltltl II"I'I'lllll't''111111'1`#P'111'll'l'Illl'lll"'II LBTR Number: 2015082364 EXPIRES: SEPTEMBER 30, 2021 This receipt grants the privilege of engaging In or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and In such a manner as to be open to the view of the public. 0".fANNE M. G A N N O N P,O, Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT— CONsrtTUTIONAL TAX COLLECTOR www,pbctax.com Tel: (561) 355-2264 2051 W BLUE HERON BLVD serttfug Paler) fleach County RIVIERA BEACH, FL 33404 Servingyou. T1 PE OF DUSINCSS• OWNER CERTCFI[AT10N n RECEIPT KDA1E PAIL )+LIT PAt7 BILL a 23AG97UM:ERGROLINDUDLRY4EXCAV� I CUGt2.':G34 @20.531?p7.0777a77o 577:,0 @701.�408 Thos document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 202012021 LOCAL BUSINESS TAX RECEIPT HINTERLAND GROUP INC } HINTERLAND GROUP INC 2051 W BLUE HERON BLVD RIVIERA BEACH FL 334045003 #1#illi#1111)11#I#lllUttl##'IIlt,nllrin#"li#t111tIII,y,lllit LBTR Number: 201133576 EXPIRES: SEPTEMBER 30, 2021 Tnis receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be Conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Florida Department of Transportation Rpt DrSANTIS 605 Suwannee Street KEVIN J.THIBAULT, P.E. COVERNOR Tallahassee, FL 32399-0450 SECRETARY .7un� $, 2Q21 H_NTERLAND GROUP, INC 2051 WEST BLUE HERON BOULEVARD RIVIERA BEACH, FLORIDA 33404 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of w:)rk indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2022. However, the new application is clue 4/30/2022. In accordance with S.337.14 (1) £_S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: 1111Y7:%i=aUEWPp . LIOL. 5La Le. L.J. U:i%VUI1 aCLOIY.L 4lj4a1111Ca CYUti% once logged in, select "view" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FROT APPROVED WORK CLASSES: DRAINAGE, ELECTRICAL WORK, Water 6 Wastewater, Manhole Rehabilitation, Lift Stations, Pipe Lining a Pipe Desilting. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA: cg Sincecely,- �9 �GZ�1 LQ. �Y •rtd.�iL� �2.. 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It S c°ugE Eoy� & ° ma �3eyX� o ud r 2 ;,3�«L°g - s' E e a u ti w- c i a - R�zgk v -X' i:ate m✓_ A = = L� c ° E�uCXSF 3c s� e' n E e f E£ i - '� „E, _ frs - - -WSw « C C C G N $ W m ^ Z E ,^ eco § CL 0 1: \{/ƒ� rE`f - C E Ix ) § j \ § \ 0 \\ /\\ 5§ \\ ( \\2$ §}) co m o w to \\\ \\{} \ /� \_ : ,� aj \\)�2 o0 oo % ~2`w y�«{(\{\{- u u - (\\}{a= o= /k\} u z U uoa�»-- -- lo cc 2 £ ]IV _ - @ \aj cL 0 \ { {§ o _@ \cL cL . •• * « a . \ \ \ \ 2 \ \ \ ) ) ) ) $ (w \ \ \\_ / / f { E§ {2 f) t2 « _ak \!/ co a.I ucL \}f \�� MIN TERLANDGROUP INC Installed Liner Quantities As of 8-17-21 Ave Diameter Total Footage Installed Palm Beach County/ R&B 8.586750789 276521 Homestead 7.8203125 20525 Lake Park 32.33333333 1298 Cypress Lakes HOA 27 822 Winter Springs FDOT-ESU37 34 672 City of Palmetto 1.8 93 Charlotte County 24.47692308 38411 FDOT Martin County 19.5 1877 Desoto 24 157 Bradenton 9,096153846 10127 Delray 9.629411765 25139 Lauderdale by the Sea 8.665322581 19293.9 Golden Bear Properties 271 858 Ormond Beach 20 2842 Clay County 34.90909091 1525 Cape Coral 8.177884615 15054 Manatee County 21.33510638 - 13856 Riviera Beach 8 1298 Tampa 10.20673077 26181 City of West Palm Beach 14.40140845 21878 Clearwater 11,80769231 31511.7 Zephyrhills 8.623853211 34633 Lake Worth 12.75 1722 Bartow 15.875 509 Maitland 8 1144 Nassau County 36 995 Mangonia Park 8 12795 Village of Golf 9.694444444 2309 Town of Lantana 10 20000 Lantana Airport 19.2 606 FGUA 8 6000 City of Lake City 12.25 8856 Seminole County 10.55147059 17020 Colonial Estates HOA 8 3500 City of Maitland 8 2136 Sebring 8 1685 Miramar 9 375 N Lauderdale 7,8751 24873 Palm Beach Gardens 26.76923077 1379 Polk County 20.28942308 51455 Loxahatchee River/Jupiter 10.74202128 29140 Martin County 27.2195122 6109 Mulberry 8.833333333 3391 Stuart 9.022727273 3329 Seminole Tribe 8 3353 Hickory Ridge 18 92 Fort Lauderdale 19.5 1395 FLO-TECH FDOT 18.85714286 463 Cypress Lakes 23.28358209 7087 Dade County (Miami) 7.822222222 22722 River Ridge 18 510 Santa Rosa County 39.53846154 981 Okeechobee 24 63 Naples 12.25 14092 Cooper City 7.708333333 9344 Pensacola ECUA 8.076446281 49926 Palm Coast 44 828 Orange County 8.049479167 79380 Pipers Landing 28.5 750 Coral Ridge 23.57142857 916 Largo 8.262886598 25908 Lantana 12.425 2577 Lands End 18 32 FPL 18 356 Lee County 27 972 Tequesta 22.82142857 4895 Sarasota 8.021551724 23347 Maestre 7.75 352 Titusville 25.90909091 3952 Lakewood Villas 7.75 387 Ocean Ridge 8.875 500 Palm Bay 24 188 Brevard 25.5 266 SWA Leachate 12 470 Englewood 7.75 15217 St Lucie 20.25 511 Lauderdale Marine 15 236 Georgetown 24 688 Goldsboro 7.75 3502 Newberry 7.75 1405 Wellington 17.57142857 2832 Village of North Palm Beach 36 620 Atlantis 7.75 875 PGA Village 31.5 338 Bay County 1 31.363636361 1618 Breakfast Point 60 159 Hallandale 18 18 TOTAL FOOTAGE 1,028,023.6 Hinterland Group Inc. 2051 w Blue Heron Blvd. Riviera Beach, FL 33404 (561) 640-3503 Date: 7/13/2020 parcnnnal RntiimP"c Years of CIPP Experience Field Superintendent Kaj Rasmussen 29 Dario Montanez 24 Installation Foreman Israel Pulido 25 Leo Rivera 10 Tim Mulligan 28 Boiler Tech Luis Martinez 4 Calixto Oyaga 20 Alberto Martel 2 Lateral Cutter Brian Catlin 5 Pedro Montanez i8 Nelson Colvin Santiago 10 Butch Forester 22 CCN Inspection Marvin Vicente 5 Matthew Livermore 4 Geimar Pino 7 CCN Inspector Brett Konchak 5 Cory Nidetz 3 Prepared By: Brett Konchak- CIPP Director of Operations § ! §\ ()\ )\ t$}{ƒ k}\ k\\ )\(§ \J)k§\k§/\§7 \ \ } \ \ } \ \ \ { \ \ \ { \ \ 7,6 EF t { - _ \\ E / @ � � » om N P _ q L Sao a E E � yy o C ebi � uv�io O a `s a - S O C u°n E � o E N n o O � u h `a 3 E v o 0 0 r E � V 0 � F- 9 134A u i�l►� [�77�i;i11i1► I TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 19, 2022 SUBJECT: Construction Board of Adjustment and Appeals Member Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of "Architect" on the Construction Board of Adjustment and Appeals, which term expires in January 2024. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position: Diana L. Hoffman RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application, and determine whether to appoint her to fill the unexpired term for the "Architect" to the Construction Board of Adjustment and Appeals. ATTACHMENT. Application 221 Indian River County Boards & Commissions Submit Date: Jan 14, 2022 Profile Diana L. Hoffman First Name Kdd:a Klial Las: Name designsbydlh@gmail.com Emaii Addross 1357 W Island Club Square Street Address SJto or Apt Vero Beach FL 32963 City State posh! ccde Home: (908) 472-4077 Primary Phono Ak*nW$ Phots Retired architect President Employer Job TM Which Boards would you like to apply for? Construction Board Of Adjustment and Appeals: Submitted How long have you been a resident of Indian River County? 10 months Are you a full-time or part-time resident? Select one. " 6l: Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. President & Owner of Hoffman Architects for 32 years Please list any licenses you presently hold: Please list any organization of which you are currently a member: AIA Emeritus Please list any other committees or boards you currently sit on: The Circle (new member) @ Art museum Interests & Experiences 222 Diana L. Hoffman Why are you interested in serving on a board or commission? As the principle of Hoffman Architects I represented my clients in many towns and served on the Harding Township Board of Adjustment. UP.oad a Rosume Demographics Political Party i1 Republican 03/14/1947 Dale of 811h Race (Used for State Reporting) W Caucasian Do you have a government recognized disability? (Used for State reporting Information) n Yes r; No 223 Diana L. Hoffman Inane L. trotanan, ALA Diana L. Hoffman, AIA The principal, Dims L Hn8man, AIA, started the practice in Sumnik NJ, in 1986. She is responsible for all design work, and the swccmffil rmlintim of all projects, as well as the fpnn's financial manage cV4 marketing, and',Posomt d&ebpmmt+ Education Diana L Huffman, AIA, graduaW Summa Cum Laude from CCNY with a Bachelor of Akl iteature (5 year program) in 1976. During her Wad ace year, she was awarded a, Gtaduata _ °; f allawiig her to teach a eowse on Ar6itectural Dory and Theory. As a special honor, she was invited to travel and study in Japan in 1975 as a guest of Chiba Univmsity. Her stidies of historic and modern arthitecu a have also taken her to Europe, India, Nepal, Morocco, and South Amrerica. Frequent C mtirng Education Seminars as well as Diana's overseas and domestic travels keepm► . the Sabreast of new developments and te6nologies. AffiliRtions Diana Hoffman currently serves on Millburn's DMDA Design Review Committee; Summit's GNO Committee; andUabitat for Humanity's Restore Program. She has on the Boards for Summit's Chamber of Commerce and Nfilliiurn's (umber of Commerce, as well as MilIburn's Environmental ComrdWon. Also, she previously served as Chair of Wlbuma's Art Advisory Committee; as a member of the Harding Township Board of Adjustm=4 and on New Vernon Pfesbyterian Church's Ormteach Committee. History Before starting her own firm, Ms. Hoffman was Vice President at Barclay Associates, where she was in charge P f dssignm a 14 -floor renovation for Home She amtpd the functional Prvg= (based on eatmigive intiervicws and .gueblonnaires) and Floor Stacking Diagrams for logistically planning the project She designed the depa tment layouts and also coordinawd the dons of art, food, computer consultants, and fitmiture and empet suppliers. Along with Mz Ba ft, Ms. Hof mm also decd the New York City corporate oiii;Ce of Hambmcht & Quist; which included a trading room and video cunfi=we center. Other projects included deM ps for advmosing agencies andIaw offices,. Ms. Hoffman also worked at Perkias & Will as a designer on medical and educational facilities. As a se deli n�er—aa:sen Architects, she worked on a commercial kitchen and dining Hall for 500 r+esidots', at Letchworth Village r.P� in.Tiavch 136 MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: January 21, 2022 SUBJECT: Resolution of Necessity for two Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (tenant Tongay), Parcel 132 (tenant B& B Farms) INTRODUCTION: The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the Resolution of Necessity for acquiring a lease hold interests in property associated with the construction of 661h Avenue north between 69th and 85th Streets (hereinafter referred to as "Project"), in Indian River County. The limits of the overall Project are from the intersection of SR 60 to Barber Street in Sebastian. PROJECT PURPOSE AND CHRONOLOGY: The project consists of expanding 66th Avenue from a 2 - lane road to a 4 -lane road with turn lanes, improved drainage, replacement of bridges over the canals, 8 foot sidewalks and signalization. The project also includes roadway signing and pavement marking items. Right-of-way is needed on the side streets to accommodate increased bridge elevations and turn lanes for the three lane bridges over the Lateral H canal. There are two properties along 66th Avenue between 69th and 85th Streets where the County has already purchased the fee simple interest from Frederick Lipfert (Parcel 127) and Frederick and Florence Van Antwerp (Parcel 132). As both of these parcels had leases on them, the County now needs to terminate the tenants' lease hold interests on the properties, but only on that portion that was purchased as right- of-way. According to eminent domain statutes, tenants are entitled to notice and possible damages due to the take of the portion of land subject to the lease. The parcels are as follows: Parcel 127, 7905 66th Avenue is a 12.24 -acre tract formerly owned by Frederick Lipfert which lies on the west side of 66th Avenue. The property is zoned A-1, Agricultural, up to one unit per five acres. The County purchased a 1.07 -acre strip of right-of-way along the eastern boarder of the property. The oblong strip extends 455 feet along 66th Avenue beginning at a width of 126 feet at the south narrowing to 68 feet at the north end of the property. The property has a tenant, Empire Equine, owned by Amanda Tongay, who leases the property for her horse boarding business. The property is improved with a barn, riding ring, a small residence and pastures divided into five paddocks, however, no buildings lie in the part taken. Improvements to the property to be taken include fencing, shade trees, a driveway and a part of the eastern most pasture paddock. • Parcel 132, 6555 81 It Street is owned by Frederick and Florence Van Antwerp. The parcel is 4.39 acres in size and zoned A-1, Agricultural, up to one unit per five acres and lies on the northeast corner of 66th Avenue and 81st Street. The County acquired a 0.99 -acre parcel along 66th Avenue1gge used as right-of-way. The parcel is leased by B&B Farms, Inc. which operates the Country Side Family Citrus store on the adjacent parcels to the east and are not involved in the take. There are no improvements on the property, but the site has been the location as part of a corn maze in years past. B&B Farms, as tenants, are entitled to notice and possible damages due to the take. Both B&B Farms and Empire Equine have been sent notice of the County's intent to take part of the property subject to their respective leases. Both tenants have also been sent notice of their right to claim business damages to the businesses they operate on the properties. In order to make a claim for business damages, the tenant would have to provide the County with written documentation of their claim by providing financial records, tax returns and other documents supporting the loss to their business. A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long-range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and the proposed alignment in front of the two properties. A copy of the Corridor Study is available for review at the County Commission Office or the Office of the County Attorney. Neither property owner is represented by an attorney at this time. Upon approval of this Resolution of Necessity, the County will file a lawsuit in eminent domain and file a motion for an Order of Take. If the Court approves the motion, the County will take title to the properties free and clear of any lease. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to each lease holder. Acquisition of the lease hold to these parcels is important as it provides needed clear title to the right-of- way for the expansion of 66th Avenue. The attached Resolution of Necessity with copies of the sketches and legal descriptions of the needed lease holds are attached to this memorandum and provides for the following: • The Board finds it necessary to acquire the lease holds using eminent domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed lease holds • Authorizes County employees and its agents to take all action necessary to prosecute the lawsuit to final judgment FUNDING: There is no impact to County funding with the Resolution of Necessity. RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary lease hold acquisition through the County's power of eminent domain. Attachments: Proposed resolution w/Parcel sketches and legal description of lease holds to be taken 226 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO CONFIRM AND PERFECT FEE SIMPLE TITLE IN AND TO CERTAIN REAL PROPERTY FREE AND CLEAR OF ANY LEASEHOLDS AND ANY OTHER INTERESTS FOR THE PUBLIC PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY OR ITS OUTSIDE COUNSEL TO CONFIRM AND PERFECT FEE SIMPLE TITLE IN AND TO THE PROPERTIES DESCRIBED IN ATTACHED EXHIBIT A BY ACQUIRING ANY LEASEHOLD AND OTHER INTERESTS, IF ANY, IN AND TO SAID PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County roadway network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in Indian River County by widening and reconstructing 66t` Avenue; and WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th Avenue as a major north/south arterial roadway; and WHEREAS, on July 9, 2021, the County acquired fee simple title to Parcel 127 by Statutory Warranty Deed recorded at Official Record Book 3443, page 1330, by virtue of a voluntary purchase and sale agreement with the former owners, Frederick L. and Norma C. Lipfert Trust Agreement dated February 14, 2013 ("Former Owners"). Although the County has been unable to obtain a copy of a written lease, it is believed that at the time the County acquired title to Parcel 127, said Parcel was subject to a lease by and between the Former Owners and Empire Equine and/or Amanda Tongay; and WHEREAS, on November 23, 2021, the County acquired fee simple title to Parcel 132 by Warranty Deed recorded at Official Record Book 3491, page 799, by virtue of a voluntary purchase and sale agreement with the former owners, Frederick W. Van Antwerp and Florence B. Van Antwerp, individually and as Co -Trustees of the Frederick W. Van Antwerp and Florence B. Van Antwerp Revocable Trust Agreement dated March 19, 2010 ("Former Owners"). Although the County has been unable to obtain a copy of a written lease, it is believed that at the time the County acquired title to Parcel 132, said Parcel was subject to a lease by and between the Former Owners and B & B Farms; and 227 WHEREAS, in order to proceed with its 66th Avenue Road Project, it is necessary for the County to hold fee simple title in and to Parcels 127 and 132 free and clear of any leasehold or other interests; and WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to confirm and perfect fee simple title free and clear of any leasehold or other interests, if any, in the real property identified as Parcels 127 and Parcel 132 more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66th Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. SECTION 2. Indian River County finds it necessary and in the public interest to confirm and perfect fee simple title by acquiring any leasehold or other interests, if any, in the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66h Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to confirm, perfect and acquire in its own name, by donation, purchase or eminent domain proceedings, fee simple title, including the acquisition of any leasehold interest, if any, in the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such eminent domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. 228 SECTION 5. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 1St day of February, 2022. Attest: Jeffrey Smith, Clerk of the Court and Comptroller Deputy Clerk Approved as to form and legal Sufficiency: William K. DeBraal Deputy County Attorney Approved: Jason E. Brown County Administrator INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By Peter D. O'Bryan, Chairman 229 N W___�*E 0 S 100, GRAPHIC SCALE IL X H._'l -H 'I 'I '' A I i I w o CL N W tV tn Z d I a � � M o W SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST 31393100000700000009-0 ORB 780, PG 24 / C" w o :D N' z NN LU W tD PARCEL 127 CD L /46,666 SQ.FT. U5- / 1.07 ACRES mn 1W J ✓: P.O.B 125.78' LATERAL 14E CANAL TOWNSHIP 31 SOUTH TOWNSHIP 32 SOUTH 77th STREET U LINE W N p Ll 30.00 J a W I DELTA _t 1 462.11_13080.001 N C> �2 CANAL A L 1 459.68 14E 1 08'33'33" P.O.C. POINT OF BEGINNING S.E. CORNER o SECTION 31 LINE TABLE LINE LENGTH I BEARING Ll 30.00 1 N89'27'06"W CURVE TABLE CURVE I LENGTH I RADIUS ITANGENTI CHORD I BEARING I DELTA Cl 1 462.11_13080.001 PARCEL 230.48 1 459.68 1 N07 -49'39'E 1 08'33'33" LEGEND SECTION LINE — -- — EASEMENT LINE PROPERTY UNE PROPOSED RIGHT OF WAY PARCEL - - RIGHT OF WAY UNE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT*OF TRANSPORTATION SECT. SECTION 7hb cert//tee that o /sflo/ deetrlptlon and sketch of the property shorn here— was mode under my wp*r Olen and that th/s /syd d_cH tl_ Md sketch meets the stomdomla Pfproat/co est forth by the n/ td* Bond of Professlona/ Sartrolors Md Mappr h Chapter Set -.17. F?,/do Adnh/otmtlm. Code, pure t to Soot/on *72027, F7*0do-Statute., and that Nle arowhy /s o tr.. and as urs rep>.s on tharwf to the best of my know /wipe and 6.11.4. Subject ss and natat/one shown hK.M. EC. OEINETFR. P. -'IM. NO 5179 DATE JUL 2 4 2017 Not vo//d w/thout the w/pnotw1v and the arVIncl robed sad of o nor/da Ucwneed SA.rt ar and Maoaer R DM Kimley*Horn H7/-1O.�A7 s"�� LEGAL DESCRIPTION AND SKETCH OF Dew`" n OFD�"�""�^�^*� PARCEL1271 OF2 arsooto er IWD w >M.matt won wat vetosn asses "'�""'',,,,w,t,.jY',�� INDIAN RIVER COUNTY, FLORIDA 230 x f� �i PARCEI 7 � LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR_.TRACT_...OF_LAND_ SI.TUATE.._LYING. AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE. BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,380.42 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST. A DISTANCE OF 125.78 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 08'33'33", A CHORD LENGTH OF 459.68 FEET BEARING NORTH 07'49'39" EAST; THENCE. NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 460.11 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'41" EAST, A DISTANCE OF 67.54 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 455.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 46,666 SQUARE FEET OR 1.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAID LINE BEARS NORTH 00"32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06. AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. pa Kimley»>Horn 7/ 00/17 LEGAL DESCRIPTION AND SKETCH OF�"�"�"��` C ��ri —•,�•� PARCEL727 2OF2 «a m rn"-. w -k vow �,,o,, n »ro v"o.V= No, "� +'�^ o.7oa3o,� _ INDIAN RIVER COUNTY, FLORIDA 231 81 st STREET I SE nC5 N tL NORTH LINE OF THE 167.60' SOUTHWEST Y4 C'4 S89'48'39"F OF SECTION 32 P.O.B. i I ;ORNER Cl �1 >N 32 PARCEL 132 C1 n 13080.001 43,265 SQ. FT. �3-- S01'40'47"W n ¢v 0.99 ACRES v j LJ W m ! M -- — RIGHT OF WAY LINE i P.O.C. POINT OF COMMENCEMENT Q rC> V -� ' 25 N — 32' En- 1 -< MIv) tS -:z 31393200000500000006.1 ORBR/w ORB OFFICIAL RECORDS BOOK o tool r- M a = ORB 2680, PG 252 C> a � w � o z -- 125. rc,4 rn I n n I L1 Cl N84 9'3'51 "W BEARING i C1 125.60' 13080.001 zZ _o 1 121.63 S01'40'47"W 2-15'45- ¢v m M1 andsketch meet. the at—d—d. of prod/.. vet forth by the Florldo j LJ W m ! M -- — RIGHT OF WAY LINE OW Z_ P.O.C. POINT OF COMMENCEMENT that tots drowng Ia o tvs and accurate repre.e,Ltatf-- tnsrrof to the rC> V -� P.O.B. POINT OF BEGINNING beat of my knowledgo and ballet Sub_Nct to . and nototlon. shorn En- 1 -< MIv) tS n ORBR/w ORB OFFICIAL RECORDS BOOK C-- r- M Lu ___j i� FDOT FLORIDA DEPARTMENT OF EC. DEMETER, P.SM_ NO. 5179 TRANSPORTATION JUL 2 4 2017 z r�� CA M- Not w11d wfthovt the .lgnoture and the a-7glnal robed —1 of o Fforkfa Lij Llceneed SLrveyw• and Mapper: r ' DATc 3 r n Q 7�V■7�.y7. /l/) Kjmley>`` H®r� I LEGAL DESCRIPTION AND SKETCH OF SHEFf NUUBEIt E� 48 " �,ee CO PARCEL 132 1 OF 2 CO r F— UNE TABLE LINE LENGTH BEARING L1 56.21 1 S45'20'01 "W POINT OF REVERSE CURVE CURVE TABLE CURVE LENGTH RADIUS ANGENT CHORD BEARING DELTA C1 121.64 13080.001 60.83 1 121.63 S01'40'47"W 2-15'45- 66TH A PAR(—F1 N W »> E 0 s 100' GRAPHIC SCALE. 232 LEGEND SECTION LINE — — EASEMENT LINE PROPERTY UNE 7h/e cert/17— that o /ago/ deacriptlon and .k.tch of the property ehonn PROPOSED RIGHT OF WAY hereon was mode under my supervbfon and that this legal descrfptfon PARCEL andsketch meet. the at—d—d. of prod/.. vet forth by the Florldo Board of Prof.salonal Surveyor and Mapper. In Chapter 5J-17, Florfdv -- — RIGHT OF WAY LINE Admfnl.trotfm Code, pursuant to Soctlon 472.027, F7or1do Statutes, and P.O.C. POINT OF COMMENCEMENT that tots drowng Ia o tvs and accurate repre.e,Ltatf-- tnsrrof to the P.O.B. POINT OF BEGINNING beat of my knowledgo and ballet Sub_Nct to . and nototlon. shorn RIGHT OF WAY n ORBR/w ORB OFFICIAL RECORDS BOOK C-- PG PAGE ___j i� FDOT FLORIDA DEPARTMENT OF EC. DEMETER, P.SM_ NO. 5179 TRANSPORTATION JUL 2 4 2017 SECT. SECTION CA M- Not w11d wfthovt the .lgnoture and the a-7glnal robed —1 of o Fforkfa Llceneed SLrveyw• and Mapper: t -100 DATc 7�V■7�.y7. /l/) Kjmley>`` H®r� 7Yio/�7 LEGAL DESCRIPTION AND SKETCH OF SHEFf NUUBEIt E� 48 " �,ee PROJECT N0. PARCEL 132 1 OF 2 F— 047035041 047035047 INDIAN RIVER COUNTY, FLORIDA 232 A LEGAL DESCRIPTION RIGHT O WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, 'FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING FOR REFERENCE AT THE WEST Y4 CORNER OF SAID SECTION 32; THENCE, BEARING SOUTH 89'48'39" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST Y4 OF SAID SECTION 32, A DISTANCE OF 167.60 FEET TO A POINT; THENCE, LEAVING SAID NORTH UNE, BEARING SOUTH 45'20'01" WEST, A DISTANCE OF 56.21 FEET TO A POINT; THENCE. BEARING SOUTH 00'32'54" WEST, A DISTANCE OF 171.42 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 02'15'46", A CHORD LENGTH OF 121.63 FEET BEARING SOUTH 01'40'47" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF, 121.64 FEET TO A POINT; THENCE, BEARING NORTH 89'48'51" WEST, A DISTANCE OF 125.50 FEET TO A POINT ON THE WEST UNE OF SAID SECTION 32; THENCE, BEARING NORTH 0032'54" EAST, ALONG SAID WEST LINE, A DISTANCE OF 332.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 43,268 SQUARE FEET OR 0.99 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE - 0.99 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT - 0.19 ACRES RIGHT-OF-WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY. IS THE WEST UNE OF SECTION 32. SAID UNE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. Klmley*Horn H7/DlAO'M/'17LEGAL DESCRIPTION AND SKETCH OF�"�`"�"�" °FDPARCEL132 2OF2 INDIAN RIVER COUNTY, FLORIDA 233 (6c 10 1 Diu 07,7�►i 1i>! TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 26, 2022 SUBJECT: Code Enforcement Board Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the "Engineer" vacancy on the Code Enforcement Board, which term expires in January 2025. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose resume and application is available for review in the Commissioners' Front Office area: Terence E. Schlitt RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application, and determine whether to appoint him to fill the unexpired term for the "Engineer" to the Code Enforcement Board. ATTACHMENT Application 234 Indian River County Boards & Commissions Profile Terence First Name tersname@hotmail.com Email Address 6316 7th St Street Address Vero Beach Csly Home: (772) 501-3372 Pnmary Phone TE Schlitt Engineering En -clayey Schlitt Middle Initial Last Name Alternate Phone President Job Title Which Boards would you like to apply for? Code Enforcement Board: Submitted Suite or Apt FL 32968 State Postal Code How long have you been a resident of Indian River County? 30 years Are you a full-time or part-time resident? Select one. ' R Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. TE Schlitt Engineering Please list any licenses you presently hold: Florida Professional Engineer Please list any organization of which you are currently a member: Vero Beach Sunrise Rotary, Youth on a Mission of Indian River County Please list any other committees or boards you currently sit on: Indian River Chamber of Commerce Industry Appreciation Committee Terence Schlitt Submit Date: Jan 25, 2022 235 Interests & Experiences Why are you interested in serving on a board or commission? To serve the community and to help advise residents, while using my experience in after -the -fact permitting gained directly from my work. Terry Schlitt 2021 CV 2.pdf Upload a Resume Demographics Political Party None Selected Date of Birth Race (Used for State Reporting)' W Caucasian Do you have a government recognized disability? (Used for State reporting information) r Yes r No 236 Terence Schlitt February 01, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 27, 2022 SUBJECT: Update on County Legislative Issues FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: Update on County Legislative issues. 237 Don't allow Legislature to destroy the seagrass we have left in lagoon Your Turn Randy Fine Guest columnist Our beloved Indian River Lagoon re- mains in crisis. That's why, during my five years in the Legislature, I've worked hard to undo problems five dec- ades in the making. That includes bringing home tens of millions of dol- lars of matching funds to the lagoon, funding multiple projects in the county, and sponsoring legislation to hold poh- ticians accountable who divert funds from sewage system maintenance to their favorite pet projects. I've also opened up new sources of revenue through tourist tax funds to support lagoon repairs and restoration. But despite all of this, there is much more work to be done. Like many of you, I remain incredi- bly troubled by the staggering loss of seagrass in our estuary. It has had real consequences. Since 2009, we've lost around 46,000 acres of natural sea - grass. As a result, the Indian River La- goon has been ground zero in the deaths of hundreds of manatees who starved because they could not find enough seagrass, their key, food source. Yet even in the face of these stagger- ing losses, politicians in Tallahassee have introduced legislation this ses- sion that will make it even easier to de- stroy what little natural seagrass we have left. House Bill 349 would create a program to allow developers to pay money so that they can dig up and de- stroy the remaining natural seagrass in Brevard (or other coastal areas) with the hope that it can be regrown some- place else, possibly the Panhandle or the Gulf Coast. These politicians argue that to facili- tate new coastal development, we need to provide easier opportunities for the private market to mitigate seagrass loss. As one environmental consultant explained during a recent bill presenta- tion, it's tough to get a permit to destroy seagrass today because there are lim- ited ways to remediate it. So these anti - environmental advocates want to cre- ate new ways to remediate seagrass de- struction, making it easier to destroy it, and as a result, increase development. As if the idea of replacing natural Brevard County Indian River Lagoon seagrass with human -planted replace- ments in far-off areas of the state wasn't bad enough, scientists have ex- plained that there is a very low success rate for transplanting seagrass. Some estimate that these human -planted seagrass beds fail to take root two- thirds of the time. My colleague, Rep. Thad Altman, who similarly opposes this bill, has told the story of helping to replant seagrass as a volunteer — and watching it fail. What little seagrass we have left in our lagoon is arguably the hardiest. It has survived decades of damage and pollu- tion. Why would we make it easier to destroy this when its replacement has a limited possibility of success? And might not even be grown in our com- munity? In other words, why trade a 100% chance of destruction for an unknown chance of success? I am not anti -development. None of should be — our families all moved here from somewhere and needed places to live, work, and play. But as Florida and Brevard continue to boom as people flee terribly managed states to our north for the free state of Florida, we need to ensure that development hap- pens in a smart and environmentally friendly way. In this case, the math just doesn't add up. I will not take that risk and nei- ther should the Florida Legislature. Our lagoon and our manatees need help now, and this bill will make our lagoon problems even worse. I want my constituents to know that I strongly oppose HB 349 and anything that might create more destruction of seagrass in the Indian River Lagoon. That's why I voted no on the bill in its fust committee stop in December and why I encourage my colleagues to do the same. We have no more important natural resource than the Indian River Lagoon. The damage to its ecology has damaged our entire county — and its restoration will take all of us working together. Let's get it done. Randy Fine is the state representa- tive for the 53rd District of Florida, en- compassing Southern Brevard, includ- ing Palm Bay, Malabar, and Grant-Yal- karia, and parts of West Melbourne and Melbourne. February 1, 2022 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 25, 2022 SUBJECT: Proposed 2022 Environmental Land Bond Referendum FROM: Susan Adams Commissioner, District 1 I would appreciate a discussion with my fellow commissioners regarding the public discussion on the Proposed 2022 Environmental Land Bond Referendum. 239 15A3 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: David Rattray, Assistant Chief Fire Rescue Division DATE: January 14, 2022 SUBJECT: Approval to use Breathing Air Systems as a Sole Source for Cascade Systems It is respectfully requested that the information contained herein be given formal consideration by the Honorable District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Staff is seeking the sole source purchase of Station 3 Cascade System from Breathing Air Systems; this cascade system supplies the self-contained breathing apparatus (SCBA), a device worn to provide breathable air in immediately dangerous to life and safety atmospheres. The cascade allows for the proper filling and recycling of air bottles when used for Structural Firefighting. These SCBA's are used for health and safety of our firefighters and in serving the public at large. Indian River County Fire Rescue cascade systems utilize Bauer Compressors, the sole source letters from Bauer confirms Breathing Air Systems as having responsibility for an Area of Primary Responsibility in the State of Florida. FUNDING: Funding is budgeted and available in the Emergency Services District/Fire Rescue/Other Machinery & Equipment account, number 11412022-066490, in the amount of $49,977.48. ACCOUNT NAME I AMOUNT ACCOUNT NUMBER Emergency Services / Fire Rescue / Other Machinery & Equipment $49,977.48 11412022-066490 RECOMMENDATION: Staff recommends the Board waive the requirements for bids, authorize the Purchasing Division to issue a purchase order to Breathing Air Systems, and declare the vendor as Sole Source. Staff also recommends the Board authorize the Purchasing Manager to sign any necessary quotes, statements of work or agreements, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS: 1. Breathing Air Systems Quote #QUO-FL350 2. Sole Source Letter 240 BR�5THRI NGSEMS 8855 E BROAD ST REYNOLDSBURG, OH 43068 SALES & SERVICE CENTERS SALES@BREATHINGAIR.COM 1 SERVICE@BREATHINGAIR.COM OHIO - CORP HO NORTH CAROLINA FLORIDA 614.864.1235 336.674.0749 352.629.7712 INDIANA/KENTUCKY PENNSYLVANIA MICHIGAN 614.986.1025 412.564.5756 517.786.4060 Breathing Air Systems Requested By: Jennifer Pridgeon 5555 SOUTH PINE AVENUE Title: Unit 10-04 Email: jpridgeon@ircgov.com Ocala FL 34480 Phone: (772) 770-5316 United States Bill To Ship To INDIAN RIVER CO F/R # 3 Mike Ferraro 4225 43RD AVE INDIAN RIVER CO F/R # 3 CHIEF PRIME 2900 43RD AVE Vero Beach FL 32967 VERO BEACH FL 32960 United States United States Sales Rep: Jason Reese Sales Rep Email: jreese@breathingair.com Sales Rep Phone: (352) 629-7712 TENNESSEE 423.634.3184 ILLINOIS 217.768.4408 Quote Page 1 of 3 Date Quote # Customer ID a Subsidiary of Breathing Air Systems 210 LABRADOR DR. RANDELMAN, NC 27317 04/01/2021 QUO-FL350 210225-3 03/03/2022 Net 30 LTL Motor Freight 4 to 6 Weeks A 3% CREDIT CREDIT CARD CONVENIENCE FEE WILL BE ADDED TO ALL ORDERS ATTIME OF FULFILLMENT FOR ALL CREDIT CARD TRANSACTIONS EXCEEDING $1,200.00. A WIRE FEE OF $45.00 WILL BE ADDED TO ALL ORDERS PAID BY WIRE. NOTE: Our quotes do not include the offloading, uncrating, or placement of compressors or fill stations. Customers are responsible for the wiring to or into an electrical compressor and to the electrical supply. Warranty is as proposed. LEGACY -13-E1 VERTECON13CFM6KPS110HP Bauer Open Vertical Compressor/Purifier configured for 13.0 scfm, 6000 psig, 4 -stage compressor, 10 hp, single phase motor and 67,000 scf capacity purifier, integrated purification system that meets NFPA 1989 requirements for firefighting and CGA Grade E air for SCUBA, purifier includes steel mechanical separator chamber, as well as purifier safety vent port to prevent operating system w/o cartridge. Standard with Bauer long -life, well -cooled, oil -pressure lubricated compressor block with stainless steel intercoolers, high-temperature 2 low oil pressure shutdowns. Mounted pressure gauges fi oil, final stage and purifier. Includes PLC , lighted on/off switch, hour meter, emergency stop button, safety over -time timer, motor controls/protection and UL -rated electrics. AUTO CONDENSATE DRAIN SYSTEM -Timed automatic drain, includes silencer and collection reservoir and user display indicator if "full'. MTD INTERSTAGE PRESSURE GAUGES SECURUS PURIFIER MONITOR SYSTEM - Built-in, continuous monitor for purification cartridges. 1,950.00 THiNG /R LS� SALES & SERVICE CENTERS SALES@BREATHINGAIR.COM I SERVICE@BREATHINGAIR.COM eTEMS 165.20 14.31 OHIO - CORP HQ NORTH CAROLINA FLORIDA TENNESSEE 14.25 2,575.00 614.864.1235 336.674.0749 352.629.7712 423.634.3184 esubsiai Subsidiary of Breathing Air Systems 8855 E BROAD ST INDIANA/KENTUCKY PENNSYLVANIA MICHIGAN ILLINOIS 210 LABRADOR DR. REYNOLDSBURG, OH 43068 614.986.1025 412.564.5756 517.786.4060 217.768.4408 RANDELMAN, NC 27317 Breathing Air Systems 5555 SOUTH PINE AVENUE Unit 10-04 Ocala FL 34480 United States CFS5.5-2SX4X4 CS6 H PH7000 10655-4-4 10155-4-4 BAS218 Labor SLP -HP -WITH START-UP Quote Page 2 of 3 Date Quote # Customer ID - Includes user display indicators for "safe", "high moisture", "cartridges expired" and "contact fault". - Automatic system shutdown for faults; fail-safe (can not be over-ridden); no warm up required. - Can extend the purifier cartridge's useable life. 1 Fill Station - BAUER- Class 2. Independently tested containment fill station meets NFPA 1901. Fills two SCBA cylinders and has four cascade controls with valves and gauges. Features cylinder scuff guard - fill control panel with adjustable regulator - SCBA fill connection - top mounted cascade control panel with regulated remote outlet - Two fill hoses with bleed valves and safety door interlock. 5500 psi fill pressure. 4 Cascade System, 6000 psi, Cylinder includes CGA connection, Elbow, Mounting Rail, Clamp and 8 Ft. Hose 20 Compressor outlet hose to fill station Hose; 7000 psi, per foot. 1 Fitting - 1/4 JIC female Installs on 7000 psi hose 1 Fitting - 1/4 MNPT Installed on 7000 psi hose 1 Monitor, Carbon Monoxide, Incl 20 Labor for startup for new equipment at station #3 and old equipment at station #2. IRC will move existing equipment and have an licensed electrician wire the compressor prior to start up. 2 Single High Pressure Air Test Kit to be taken at time of start-up by Breathing Air Service Technician. 04/01/2021 QUO-FL350 210225-3 13,975.00 13,975.00 1,755.93 7,023.721 8.26 165.20 14.31 14.31 14.25 14.25 2,575.00 2,575.00 125.00 2,500.00 130.00 260.00 242 THING /R LS� SALES & SERVICE CENTERS SALES@BREATHINGAIR.COM I SERVICE@BREATHINGAIR.COM ��xTEMS OHIO -CORP HO NORTH CAROLINA FLORIDA TENNESSEE 614.864.1235 336.674.0749 352.629.7712 423.634.3184 a Subsidiazy of Breathing Air Systems 8855 E BROAD ST INDIANA/KENTUCKY PENNSYLVANIA MICHIGAN ILLINOIS 210 LABRADOR DR. REYNOLDSBURG, OH 43068 614.986.1025 412.564.5756 517.786.4060 217.768.4408 RANDELMAN, NC 27317 Breathing Air Systems 5555 SOUTH PINE AVENUE Unit 10-04 Ocala FL 34480 United States Item Qua Quote Page 3 of 3 Date 04/01/2021 Quote # QUO-FL350 Customer ID 210225-3 Subtotal 48,477.48 Shipping Cost (LTL Motor Freight) 1,500.00 Total $49,977.48 PAYMENT TERMS: INVOICES ARE SUBJECT TO LATE CHARGES AT THE RATE OF 1.5% PER MONTH (ANNUAL 18%). ALL PARTS RETURNS OR EXCHANGES MUST BE COMPLETED WITHIN 45 DAYS FROM INVOICE DATE. ALL RETURNS REQUIRE A RETURN MERCHANDISE AUTHORIZATION. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING FEE. SHIPPING CHARGES WILL BE ADDED WHEN ORDERS ARE FULFILLED. NOTE: PAYMENTS BY CREDIT CARD WILL INCUR A CONVENIENCE FEE TOTALING 3.0% OF THE INVOICE TOTAL ON ALL TRANSACTIONS EXCEEDING $1,200.00. Quote Approved By: (Print Name) Approved By Signature: Approved Date: 243 QUO-FL350 E Alr COMPRESSORS IM Quality. Our DNA January 10, 2022 To: Indian River Fire Co., Vero Beach FL Ref: Bauer Compressors, Inc. Sales ar-d Service Authorization Dear Sir / Madam, Please accept this letter as confirmation that Breathing Air Systems, a division of Sub Aquatics Inc. is a factory authorized Bauer Compressors, Inc. sales and service distributor. Bauer has appointed Breathing Air Systems to have responsibility for an Area of Primary Responsibility (APR) in the State of Florida which includes the City of Vero Beach. We have had a long standing relationship with Breathing Air Systems and find them to be a highly focused and customer driven organization. Their Staff of Bauer Factory Trained Personnel have the capability of providing sales and service support on all breathing air products manufactured by Bauer Compressors Inc. as well as being a source for Genuine Bauer spare parts and consumables. Listed is their respective contact information: Breathing Air Systems, div. of Sub Aquatics Inc. 5555 South Pine Ave Unit 10-04 / 8855 E. Broad Street Ocala FL 34480 / Reynoldsburg OH 43068 Tel: 352-629-7712 Office / 352-875-1073 Mobile Attn: Jason Reese This appointment is valid until January 31, 2023 or until advised in writing, whichever comes first. Please feel free to contact me if I can provide any additional information or answer any questions for you. With Very egards, (�2COMPRESS ,INC. George R Hoppe, Jr. Regional Sales Manager, Breathing Air Products 244 BAUER COMPRESSORS Inc. 1 1328 Azalea Garden Road ° Norfolk, VA 23502 I U.S.A. ; A member of BAUER GROUP is,9a SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 21, 2022 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Rejection of Bids for the Landfill Household Hazardous Waste and Recycling Transfer Facility (Bid No. 2022011) Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) requested the solicitation of bids for the Landfill Household Hazardous Waste and Recycling Transfer Facility. SWDD utilized Kimley-Horn and Associates, Inc. (KHA) to provide the design, permitting, and bidding assistance for this project in accordance with the approved Work Order (WO) No. 32 dated April 7, 2020, Amendment No. 1 to WO No. 32 dated July 7, 2020, and Amendment No. 2 to WO No. 32 dated October 20, 2020. The total authorized to KHA, to date, is $273,810. The conceputal budget for this project was $3.8 million. Bid Results: Advertising Date: October 6, 2021 Bid Opening Date: December 17, 2021 Demandstar Broadcast to: 573 Subscribers Specifications/Plans Downloaded by: 34 Plan Holders Replies: 2 Vendors Bidder Location Total Bid W&J Construction Corporation Rockledge, Florida $5,290,790.00 Ahrens Enterprises, Inc. Lake Park, Florida $6,008,101.00 Analysis: SWDD is required by the Florida Department of Environmental Protection (FDEP) rules to provide safe collection and disposal of Household Hazardous Waste (HHW). The current HHW facility is over twenty years old, undersized, and creating traffic flow issues. The Recycling Transfer Facility (RTF) was built seven years ago, and the recycling materials are exceeding storage capacity. A temporary RTF was built in 2021 to accommodate the new construction. 245 SWDD Agenda - Rejection of Bids for the Landfill Household Hazardous Waste and Recycling Transfer Facility (Bid No. 2022011) Page 1 of 2 SWDD Item ENGINEER'S ESTIMATES: In July 2020, a conceptual level costs for these improvements was presented to the SWDD Board in the $2.5 to $3.2 million -dollar range. Per a revised conceptual layout, KHA updated the conceptual level budget forthe project from $3.2 million to $3.5 million -dollar range; however, staff obtained SWDD Board approval on October 20, 2020 to increase the overall conceptual budget to $3.8 million dollars. PERMITTING STATUS: The site plan is conditionally released, and KHA has also obtained preliminary review from the County's Building Department. SWDD staff has also been coordinating with Florida Power and Light (FPL) for some aboveground to underground electrical changes needed for the project. ENGINEER'S BID EVALUATION: On December 17 2021, the Indian River County Purchasing Division provided a summary of the bid tabulation confirming that each of the bidders was responsive in submitting all of the required information in the bid documents. On January 20, 2022, KHA provided the evaluation of bids for this project, as summarized below and included in Attachment 2. Bidder Base Bid Base Bid (w/ contingency) (w/ contingency & alternates) W&J Construction Corporation $5,263,790 $5,290,790 Ahrens Enterprises, Inc. $5,948,101 $6,008,101 The low bidder's base bid (with contingency, excluding alternates) was approximately 12 percent over the Engineer's Opinion of Probable Costs (OPC). KHA further stated that given the disparity in numerous line items between the two bidders, the non -response by the low bidder on key line items, and the SWDD's overall budget vs. low bid total, that they recommend SWDD consider rejecting both bids at this time. Staff concurs with KHA's recommendation to reject both bids. Staff proposes, upon SWDD Board approval to reject the bids, to return at a future meeting with a request to re -design the facility so that the HHW along with the site improvements are built first with a bid alternate option to build the RTF concurrently or in the future. Funding: No funding is requested for this agenda item. Recommendation: Staff recommends that its Board reject the two bids for Bid No. 2022011 as both bids were over the total budget for this project, the low bidder was determined to be non-responsive, and there were numerous disparities between the low and high bidder. Attachments: 1. KHA Evaluation of Bids 246 SWDD Agenda - Rejection of Bids for the Landfill Household Hazardous Waste and Recycling Transfer Facility (Bid No. 2022011) Page 2 of 2 Kimley»>Horn January 20, 2022 Mr. Himanshu H. Mehta, PE Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 RE: Bid No. 2022011 — Landfill Household Hazardous Waste and Recycling Transfer Facility Review of Bids and Recommendation Dear Mr. Mehta On December 17, 2021, Indian River County (County) received two bids in response to the subject solicitation. W&J Construction Corporation (W&J) and Ahrens Enterprises, Inc. (Ahrens) submitted bids that met the deadline for submittal. Each of the bidders appropriately acknowledged receipt of Addendum No. 1 (October 18, 2021), Addendum 2 (November 18, 2021) and Addendum 3 (December 2, 2021). The County's Bid Tabulation (prepared by the Purchasing Division) indicated that each bidders' submittal included the necessary attachments. Kimley-Horn's review of the bids is limited to the Bid Tabulation. No representation is made as to the sufficiency of the forms or attachments submitted with the bid for completeness or accuracy. No references were contacted for either bidder. Kimley-Horn has completed a review of both bids, whose totals are summarized as follows: Bidder Base Bid (with Contingency) Base Bid (with Contingency and Alternates) W&J Corporation $5,263,790 $5,290,790 Ahrens Enterprises, Inc. $5,948,101 $6,008,101 The apparent low bidder is W&J. In reviewing the Bid form (00310) as amended via the above - referenced Addenda, the following items were noted. Several line items in the bid had drastic differences between the two bidders. For example, Bid Item No. 1 included a nearly $200.000 difference between the bids. This is potentially indicative of an inaccurate assumption or an omission by one (or both) of the bidders. The bid documents clearly state that the bidder is to complete all blanks on the bid form in either ink or via typewriter. Each line item is required to contain a dollar amount or the words, "No Bid," "No Change," or "Not Applicable." Ahrens completed each Bid Item line, indicating $0 for three items (which meets the bid document requirement); however, two of the three lines for which $0 was entered are, in Kimley-Horn's opinion, necessary (50 — Carpentry and 51 — Millwork). Kimley>»Horn Page 2 4. The low bidder left Bid Items 38 through 44 blank, with the exception of Item 39. With these blanks, there is a nearly $465,000 difference between the low bidder and the second bidder for these items (with the low bidder being lower). The bid form simply included dash marks in the blank cells, rather than the required text noted in Item 2. It is Kimley-Horn's opinion that the blank items are considered necessary for the completion of the project, with the exception of Item 45 (miscellaneous concrete, which the bidder may have deemed unnecessary). By leaving the remaining, required items blank, this bid may be considered unresponsive. 5. The low bidder also left Bid Item 51 (Millwork) blank. 6. For both bidders, the Contractor's General Conditions (bonds/insurance, mobilization, general conditions and MOT) are substantially higher than the engineer's opinion of probable cost (OPC), at 14 and 15 percent (OPC anticipated 5%). 7. The alternate items for both bidders are considered reasonable, with no notable disparity in value. Kimley-Horn prepared an OPC based upon the bid documents, which, at the time exceeded the County's budgeted amount for this project. The County opted to proceed with the bidding process and acknowledged that the additional amount in the estimate was due to market conditions, material prices, and additional items requested by the County for incorporation into the project scope of work after the budget amount was established. The low bidder's base bid (with contingency, excluding alternates) was approximately 12 percent over the OPC. Given the disparity in numerous line items between the two bidders, the non -response by the low bidder on key line items, and the County's overall budget vs. low bid total, Kimley-Horn recommends that the County consider rejecting both bids at this time. The County may wish to proceed with a design review to identify project components that could be omitted from the design to be constructed at a later date, when budget allows, and readvertise the project once the redesign is complete. Please contact me at (305) 535-7712 or barton.fye(cDkimley-horn.com should you have any questions or require additional information. Sincerely, Barton Fye, PE Project Manager /563 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 21, 2022 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Sixteenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 Landfill as well as non -Class 1 Landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Per the Consumer Price Index (CPI) approval on August 17, 2021, the overall payment for the Non -Class I Landfill Services for January 1, 2022, through December 31, 2022, is $3,268,770.50 per year. The routine Operation and Maintenance (O&M) of the landfill gas system is part of the current agreement. Republic Services has provided the attached proposal from their subcontractor, SCS Field Services (SCS), for these services from January 2022 through December 2022. Staff is recommending approval of the attached Sixteenth Amendment to Republic Services to provide these additional services. Analysis: Republic Services has provided a proposal from their subcontractor, SCS Field Services, for the additional O&M services from January 2022 through December 2022. These costs are summarized in Table 1: 249 Page 1 of 2 SWDD Item Table 1. 2021/2022 Annual 0&M Cost Comparison Description 2021 Cost 2022 Cost Annual Adjustment Task 1— Flare Operation, Wellfield Operation $30,620 $42,000 $11,380 Task 2 — Reporting $18,000 $18,000 $ 0 Task 3 — Liquid Level Monitoring and Reporting $ 4,400 $ 5,500 $ 1,100 Task 4 — Condensate Sump and Dewatering Pump Maintenance (all combined, performed quarterly) $17,000 $36,000 $19,000 Task 5 - Flare Station Blower Lubrication/Check Valve Inspection/Flow Straightener Inspection $ 5,000 $ 5,000 $ 0 Task 6 - Air Compressor Preventative Maintenance (April through December) $ 7,500 $10,000 $ 2,500 Task 7 — Weekly GHG Monitoring $23,800 $23,800 $ 0 Task 8 — Flow Meter Calibration $ 6,000 $ 6,500 $ 500 Task 9 — Landfill Gas Analysis $ 6,200 $ 6,200 $ 0 Total 2022 Increase $34,480 Adding the 15% management fee to Republic Services results in a total cost increase of $39,652, or $3,304.33 per month, for the period of January 1, 2022, through December 31, 2022. The overall payment for Calendar Year (CY) 2021 Non -Class 1 Landfill services shall be adjusted from the current $3,268,770.50 per year (or $272,397.54 per month) to $3,308,422.50 per year (or $275,701.88 per month). Funding: Funding for the SWDD non -Class 1 Landfill services is budgeted and currently available in the SWDD/ Customer Convenience & Recycling/Contractual Services, account number 41125534-033489, which is funded from SWDD assessments and user fees. The approved total increase of $39,652 is within the allotted budget for Fiscal Year 2021/2022. Account Name Account Number Amount SWDD/Customer Convenience & Recycling/Contractual Services 1 41125534-033489 $39,652 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Sixteenth Amendment to Republic Services landfill contract for the additional landfill gas operation and maintenance services; and authorize the Chairman to execute the agreement. Attachment: 1) Sixteenth Amendment to Republic Services 2) SCS Field Services Proposal 250 Page 2 of 2 SIXTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS SIXTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Fourteenth Amendment") is entered into as of the _ day of February, 2022 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to Contract Agreement, dated July 14, 2020; and the Fifteenth Amendment to Contract Agreement, dated February 16, 2021 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, on August 17, 2021, the SWDD Board approved a 1.64% Consumer Price Index (CPI) to increase the Class I Landfill MSW rate from $13.96 per ton to $14.19 per ton and to increase the Non -Class I Landfill Services from $3,216,027.65 per year to $3,268,770.50 per year•, and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. Sixteenth Amendment to Contract Page 1 NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE. The Contractor shall provide the additional annual landfill gas system O&M services in accordance with the attached proposal from SCS Field Services. a. Landfill Gas O&M — Contractor to provide additional O&M services for Calendar Year 2022 which includes additional reporting, maintenance, weekly monitoring of Greenhouse Gas and two flow meter calibrations. 3. The existing Article 3 — COMPENSATION of the Contract is modified to include the following: vi) Annual Payment to Contractor for Landfill Gas System O&M shall be increased by $39,652 for the period of January 1, 2022 through December 31, 2022 or $3,304.33 per month, which includes a 15% management fee to Contractor. The overall payment for Calendar Year 2022 Non -Class 1 Landfill services shall be adjusted from the current $3,268,770.50 per year to $ $3,308,422.50 or $275,701.88 per month. 4. Ratification. Except as specifically provided in this Sixteenth Amendment, all other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Fifteenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: (Owner) Solid Waste Disposal District Indian River County, Florida Peter D. O'Bryan, Chairman Approved as to Form and Legal Sufficiency By: Sixteenth Amendment to Contract Page ?2612 Jason E. 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