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02/15/2022 (4)
YER i"Mf4Adi GOW10 �ORt�i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 15, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Minister Jack White, Gifford Church of Christ 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Joe Wiggins Attachments: Proclamation 5.B. Presentation of Proclamation Honoring the Progressive Civic League of Gifford for 60 Years of Service Attachments: Proclamation 5.C. Presentation of Proclamation Designating February, 2022, as 2-1-1 Awareness Month Attachments: Proclamation February 15, 2022 Page 1 of 7 6. APPROVAL OF MINUTES 6.A. Regular Meeting of December 7, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Notice of Regular Meetings of the Indian River County Hospital District Board of Trustees, for the year 2022. Attachments: IRCHD Meetings 7.B. Fellsmere Community Fridge Grand Opening and Ribbon Cutting Attachments: Staff Report 8. CONSENT AGENDA 8.A. Amendment and Extension of Cattle Lease Agreement Attachments: Staff Report Amendment and Extension 8.B. Fire Rescue Division Battalion Chief Posting & Vacation Compensation Consideration Attachments: Staff Report Vacation Leave Policy AM 502.1 Vacation Payout Breakdown 8.C. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. Attachments: Staff Report Master Service Agreement Cost Summary CPI Letter Consumer Price Index 8.D. Award of Annual Bid 2022017 for Temporary Staffing Services Attachments: Staff Report Sample Agreement 8.E. Children's Services Funding Allocation for Fiscal Year 2022/23 Attachments: Staff Report Children's Services Funding History 8.F. Award of Annual Bid 2022030 for Back Lot Ditch Mowing Attachments: Staff Report February 15, 2022 Page 2 of 7 8.G. Florida Inland Navigation District Project Agreement Amendment for #IR -18-67 Jones' Pier Conservation Area Public Use Improvements Attachments: Staff Memo Agreement Amendment 8.H. Florida Inland Navigation District Project Agreement Amendment for #IR -18-68 Oyster Bar Marsh Trail Attachments: Staff Memo Agreement Amendment 8.I. Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club Attachments: Staff Report Agreement Assumption and Joinder 1 st Renewal 2nd Renewal Proposed 3rd Renewal 8.1 Release of Retainage and Change Order No. 1, 58th Avenue (From North of 57th Street to 85th Street/CR510), FM No. 436416-1-54-01, IRC -1325 Attachments: Staff Report Change Order No. 1 8.K. Renewal of Lease Agreement 26015 1 st Avenue, Vero Beach, FL 32966 Tenant: Ember Pappas Attachments: Staff Report Renewal of Lease Agreement 8.L. Indian River County Stormwater Needs Analysis, Jones Edmunds & Associates, Inc. Work Order No. 2 Attachments: Staff Report Work Order No. 2 Work Order #2 execution form 8.M. Future Paving of 81st Street from 66th Avenue East Property Address: 6300 81st Street, Vero Beach, FL 32967 Owner: CGV Investments, LLC Attachments: Staff Report Purchase Agreement February 15, 2022 Page 3 of 7 8.N. Work Order No. 7 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County. Attachments: Staff Report Proposal (revised) Agreement Execution 8.0. Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-10, Year 2 Post -Construction Environmental Monitoring Attachments: Staff Report APTIM WO# 2018029-10 Agreement Execution 8.P. Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-13, Post -Construction Environmental Monitoring (Phase 1, Year 1 Monitoring and Phase 2 Immediate Post -construction Monitoring) Attachments: Staff Report APTIM WO #2018006-13 Agreement Execution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE Attachments: Staff Report - Public Hearing Draft Resolution Draft Agreement B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for March 1, 2022, for Ordinance Amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 141 Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS February 15, 2022 Page 4 of 7 II.A. Resolution in Support of the Adoption of House Bill 631 and Senate Bill 780 as Filed in the 2022 Florida Legislative Session Attachments: Staff Memo Proposed Resolution Letter from City of Vero Beach 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. Replacement of Well S-1 at the South County Water Treatment Plant Attachments: Staff Report Work Order No 8 with KHA 13. COUNTY ATTORNEY MATTERS 13.A. Unconditional Offer for a Parcel of Right-Of-Way Located at 8055 66th Avenue, Vero Beach, FL 32967 Parcel 130 Owned by Robert and Marygrace Sexton Attachments: Staff Report Aerial Photo - Sexton - Parcel 130 Sketch and Legal Description - Sexton Parcel 130 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Discussion to Consider Local Water Irrigation Ordinance Attachments: Commissioner's Memorandum Martin County Water Irrigation Ordinance No. 1173 SJRWMD - Model Water Conservation Ordinance B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher February 15, 2022 Page 5 of 7 E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Affiliation Agreements with Certified EMT/Paramedic Training Programs Attachments: Staff Report Ride along EMT Template B. Solid Waste Disposal District 15.13.1. Approval of Minutes Meeting of November 16, 2021 15.B.2. Approval of Minutes Meeting December 7, 2021 15.B.3. Work Order No. 15 to Geosyntec for C&D Landfill Permit Renewal Attachments: Staff Report Work Order No 15 - Geosyntec 15.B.4. Mixer Installation for the Above Ground Storage Tank at the IRC Landfill Attachments: Staff Report Memorandum from Kimley-Horn Proposal from FJ Nugent C. Environmental Control Board 16. ADJOURNMENT February 15, 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 15, 2022 Page 7 of 7 6A PROCLAMATION HONORING JOE WIGGINS 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, Joe Wiggins was born in Savannah, Georgia, on March 28, 1942, and during his youth moved with his family to the Treasure Coast, eventually settling in the Oslo area of Indian River County and graduating from Lincoln Park Academy in Fort Pierce in 1960; and WHEREAS, Joe met his wife, Mary, in 1961, and together they raised nine wonderful children: Christopher, Alvin, Darran, Kimberly, Phylicia, James, Elijah, Gladys, and Twinetta; and WHEREAS, Joe spent over thirty years of his professional career as a Level 3 Technician at what eventually became known as Bayer Labs in Vero Beach, and during his employment was renowned for inventing the man -portable industrial sprayer used in various applications nationwide; and WHEREAS, Joe served his neighborhood with great dedication and tenacity as a local community organizer, culminating as president of the Oslo Concerned Citizens League, where he fought for paved streets, installation of sidewalks for pedestrian safety, and greater availability of low-income housing; and WHEREAS, Joe always maintained his focus on future generations, recognizing the need for recreational facilities for South County children and playing a key role in the building of the Intergenerational Center and, especially, South County Park, where the ball fields are named in his honor. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Joe Wiggins greatly enriched Indian River County and the Treasure Coast, and that the Board posthumously extends its sincere thanks for his extraordinary efforts in improving the lives of so many Indian River County residents. Adopted this 15th day of February, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss PROCLAMATION HONORING THE PROGRESSIVE CIVIC LEAGUE OF GIFFORD FOR 60 YEARS OF SERVICE WHEREAS, the Progressive Civic League of Gifford was established in 1961 by its co-founders, the Reverend Luther Green and Mr. J. Ralph Lundy; and WHEREAS, the Reverend Green and Mr. Lundy would go on to serve as the Progressive Civic League's first two presidents, with Mr. Lundy notably holding office for 30 distinguished years; and WHEREAS, the mission statement of the Progressive Civic League is "to perpetuate the ideas, philosophy, programs, and activities associated with achieving the American Dream and enhancing the quality of life for all"; and WHEREAS, the Progressive Civic League has promoted citizen engagement as the bedrock of a thriving Gifford community and, for decades, has nurtured a strong culture of collaboration where residents, organizations, and local government value all-inclusive community decision-making; and WHEREAS, the Progressive Civic League has offered all Gifford residents "a seat at the table" in defining and implementing public services, thereby heightening community pride, strengthening civic responsibility, and engendering feelings of equity; and WHEREAS, in 25 years, the Progressive Civic League has awarded over 750 Eldridge A. Wheeler Scholarships to graduating high school seniors, rewarding students in financial need who have demonstrated laudable academic achievement and exemplified good citizenship. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Progressive Civic League of Gifford has greatly enriched one of our core Indian River County communities, and that the Board extends its sincere appreciation for the League's long history of improving the lives of our citizens. Adopted this 15th 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 PROCLAMATION DESIGNATING FEBRUARY, 2022, AS 2-1-1 AWARENESS MONTH WHEREAS, individuals and families may need help around the clock -- day or night -- in meeting life's basic needs and addressing acute crises, but not know how to get assistance; and WHEREAS, 2-1-1 Helpline is entering its sixth decade of providing quality, caring service to the community, a span of time in which 2-1-1 has responded to over three million requests for help from people of all sectors of society, providing the guidance and support they need; and WHEREAS, during these difficult times, mental and emotional health, addiction, housing, and food insecurity are the top concerns expressed by callers; and WHEREAS, 2-1-1's specialized programs include Help Me Grow, which works for early identification of children's developmental delays; life-saving "Sunshine" daily telephone reassurance calls to brighten the lives of isolated seniors; and direct support for over -stressed, isolated, and overwhelmed adult caregivers; and WHEREAS, 2-1-1's My Florida Veterans program provides all veterans and their families with comprehensive peer-to-peer support and readjustment services for life outside the military; and WHEREAS, in just the last three quarters, 2-1-1 has assisted over 74,000 people, including nearly 20,000 struggling with affordable housing and living expenses; 34,000 with mental health and addictions; and close to 3,000 with suicidal thoughts or concerns. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that February, 2022, is designated as 2-1-1 Awareness Month in Indian River County, and that the Board reminds all citizens who are overwhelmed, in crisis, or just in need of a talk, that 2-1-1 is available at any time to provide referrals for mental health counseling, substance abuse, health care, employment, food assistance, day care, support groups, volunteering, free income tax preparation, and so much more. Adopted this 15th 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 3 7A IRCHD Indian River County Hospital District January 27, 2022 Mr. Jeffrey R. Smith Clerk of the Circuit Court 2000 16th Ave. Vero Beach, FL 32960 Re: Indian River County Hospital District Meeting Schedule 2022 Dear Mr. Smith: Please be advised, that the Indian River County Hospital District Board of Trustees will continue to hold their regular monthly meetings on the third Thursday of each month, at 4:00pm. The meetings will be held at the Indian River County Administration Building, County Commissioner's Chambers, 1801 2711, Street, Building A, Vero Beach, Florida, 32960. Details concerning other Hospital District meetings can be found on our website, www.IRCHD.com. Should you have any other questions or concerns, please contact me directly at 772-770- 0935. Res ectfully, T, -; t, I Kate Voss, Executive Assistant /kav ZAMeetings \Correspondence\BOT Regular Meeting Schedule Letter 1.27.22.docx BOARD OF TRUSTEES Marybeth Cunningham, Chairwoman Dr. Michael Weiss, Vice Chairman Allen Jones • Ann Marie McCrystal • Karen Dei91 • Barbara Bodnar • Kerry Bartlett 1705 19th Place, Suite G3, Vero Beach, Florida 32960 (772) 770-0935 Fax (772) 770-1974 7/3 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 1, 2022 To: Jason E. Brown, County Administrator From: Cindy Corrente, Interim Director of Utilities Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Jill Brown, Recycling Specialist, SWDD Subject: Fellsmere Community Fridge Grand Opening and Ribbon Cutting In a greater effort to decrease food insecurity and increase food waste diversion in Indian River County, the opening of the Fellsmere Community Fridge will take place with a ribbon cutting ceremony on Saturday, February 26, 2022, at 10 am. This project has been made possible through the collaboration of many community partnerships. The Fridge is located at 21 South Cypress Street in Fellsmere, and all are welcome to come celebrate the opening. You are invited to join us at The Fellsmere Fridge Ribbon Cutting Saturday, February 26h, 2022 10:00 a.m. "ELLSMERE A simple solution for food waste diversion through shoring good quality food. The Fe Il—ere Triage he: tea. a wTmuhityetfvt" we ate :0 fg!fatef.; far all the comm vaitie:, affiQ/a, aL:rneYe: aro ataiyidLal. wha hepta mate it happen,!! Fcr mare inrom—tich of if y.. hrte 9Le�sons please contact: mla�l Cm .�• Rotary pl4 ill Yll� aiC tlfe Felimere f artafitl frim[ Cam Stel in tr! p^KrC Wof City HOR aireWf' emst arire Hat. aha Girt 5 CLE. 215 Cypress Street Fellsmere, FL 32892 Fellsmere Community Fridge Grand Opening and Ribbon Cutting February 15, 2022 — Item 5D Sue Flak, Recycling Education Coordinator 6/17/2022 '5— 1 6/17/2022 Fellsmere City Hall Electrical work: $3,400 Refrigerator: $ 856 Shelving: $ 200 Painting: $ 200 rT6ta71Exx:p:e::ns�es-$4,656 * Expenses for this project have been generously donated. 5- 2 Current Sponsors/Supporters of the Fellsmere Fridge City of Fellsmere Indian River County Sunrise Rotary Rotary Haller/Loja Families Letson Cutting Edge Signs P I BOYS a GIRLS CLUBS of INDIAN RIVER COUNTY Heather Kramer/Luz De La Hoz Boys and Girls Club (Fellsmere) MWNRIVERcouRrr United against Poverty (UP) Treasure Coast Food Bank I II Interact Students �FOODBANK'' Ag Extension of IRC Lowe's of Vero Beach €. Marsh Landing ✓✓� ✓j Complete Electric ,rr O 5- 2 Next Steps ... . • Finalize the Training Tool Kit. • Train volunteer base - February 22, 2022 • Grand Opening — February 26, 2022 Training Tool Kit F£LLSMERE FRIDGE A, What can go in ttie fridge? ✓ Whole fruits and vegetables + Cooking oils ✓ Packaged cut fruits . Jarred goods (peanut butter etc) Bread and pastries (in original packaging) ✓ Prosen food veggies /no meat) (shampoo, soup, etc) ✓ Pre-packaged funds sealed in original packaging ✓ Commercially prepared meals (labeled and prepackaged) - r"ai ✓ Milk, Cheese, Rutter, Yogurt (with best by dote) ✓ Non-dairy milk ✓ Eggs (with best by date) ✓ Alice. ✓ gagged salads (with best by dute) ? -0 MI pereshaEku mutt! 9e outer( and `abekrl •} M IrCxil Ifuiif %M YPgMiikll aM>x PRrizhdP&: frau! aHre'rL; be k✓pi in :A! bbd a hwde<, nAt M 1M pxnVY.Snelvc3. nnnwde, wAat:vro e.« frnN)aaw4 d ow-. �: nm of mfrnlwnh t?b HWH]Ajt ezpete0 er xa!tfrn ] Ca)xa? rvw,y t —j"M-6 W cmbt.Iw nr kur1i411Y kzrlMri E�HA Iron`f iGAkrd. Y15 M rt( .Xow r �Hbn�tere .sCa 4AYNer!, Oaa'xW"rf 4Y _y �- Y• l' What can go in the pantry? azory-rn!r1 sAwatiYyPrr rr ONLY + Canned Bonds + Cooking oils . Jarred goods (peanut butter etc) + water bottles + Personal hygiene items (shampoo, soup, etc) Cleaning supplies Diapers - r"ai + Dried beans y Rice (uncooked) . spices + Cereal + Dehydrated milk ? + Coffee,^ Pasta + Pet food ac H0 naott � 'Y /X t1iF+(Y1rAlJftebk lY Ok,-re: ¢Asa!:✓no;iel � (#i nn;AWu:e m prrisMbk rueW err naAtrc vRJ?kstnrnrg 4•Curtttcr zudvx 14ayt c! ew,nry p6 HoifiiAp bprr!.!GO! W!N:S1Wx9 er ik'1'nrdaY RFiPrrr`A9P'.r. Ho Mrmemardu Acura fR7 KSxM X61 � HA rxMiaae ��, i 6/17/2022 5- 3 Training the Public BEFORE YOU DONATE, PLEASE CHECK THAT • food is clearly labeled with allergens and ingredients. • The expiration date is visible and circled. • The food has not expired. to The food you are donating is accepted by the fellsmere Fridge. a You are putting donations In the proper place. Oats au st+atae r�xt moat �r+u ix �.1 • The packaging is unopened. n No meat or seafood. (Unless conned) • No half -eaters leftovers. a Donate only what you would personally feel comfortable eating. • Do not leave food or trash on the ground. • Please discard food that does not meet our guidelines, if you see any. • Make sure the fridge/freezer is property closed. o Door should remain closed but unlocked. Training the Volunteers Cleaning Protocol Daily: ✓ Remove expired foods. ✓ Wipe handles and contact surfaces. ✓ Take trash to dumpster. Weekly: ✓ Remove all food from fridge. ✓ inspect quality, toss anything expired or inedible. ✓ Wipe all surfaces of the fridge inside and out with disinfectant. ✓ Return all labeled and edible food back to fridge. 6/17/2022 5- 4 Save the Date ! ! i You are invited to join us at Tb c i% s` ra;Fridge taibbvrt Qutwn Saturday, February 264", 2022 10:00 a.m. " A ximgdr s�sfatipn Jar Jaad xvtr&t�^ dr3+erf:, r T&a Wh %haring goad quajdO jaad. 6/17/2022 5-5 Indian River County, Florida Department of Utility Services Board Memorandum Date: January 13, 2022 To: Jason E. Brown, County Administrator From: Matt Jordan, PE, Interim Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer— Water/Wastewater Plants Subject: Amendment and Extension of Cattle Lease Agreement Background/Analysis: On January 15, 2020, the County purchased 243 acres south of the West Regional Wastewater Treatment Facility (WRWWTF). The property was previously leased for a two-year term to Staski Enterprises (Staski) for cattle grazing. The lease agreement expires on March 15, 2022. Staff and Staski representatives discussed the possibility of extending the existing lease for a five-year term. The first lease agreement was a three-year term, with two (2) one-year terms to run consecutively to the initial term. The purpose of the lease is solely for grazing of livestock. Having a presence on the property discourages trespassers, allows the County to have a representative on site, and saves the county the cost of maintenance and upkeep on the property. The payments to the County amount to $6,942.60 per year, payable in full by March 15th. All the existing terms and conditions of the original lease agreement remain in effect. Certificates of insurance shall be provided within 10 business days after the execution of the contract. There is a termination, with or without default provision, that allows either party to terminate with a 60 -day notice for any reason. Funding: The lease payment will be recorded in the utility operating fund revenues account, Utilities/Misc/Other Miscellaneous Revenues, number 471038-369900 in the amount of $6942.60 Account Name Account Number Amount Utilities/Misc/Other Miscellaneous Revenues 1 471038-369900 $6,942.60 Recommendation: Staff recommends that the Indian River County Board of County Commissioners authorize the Chair to execute the Amendment and Extension of the Cattle Lease Agreement with Staski Enterprises, after final review and approval by the County Attorney's office. Attachment: Amendment and Extension of Cattle Lease Agreement AMENDMENT AND EXTENSION OF CATTLE LEASE AGREEMENT This Amendment and Extension of Cattle Lease Agreement ("Extension") is entered into this day of March, 2022 ("Effective Date"), by and between Staski Enterprises, Inc. ("Tenant"), whose address is 71801st Street SW, Vero Beach, FL, 32968, and Indian River County ("Landlord"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960. WHEREAS, on March 15, 2018, Premier Citrus LLC and Tenant entered into a Cattle Lease Agreement for the property located at 8593 4th Street, Vero Beach, Florida (the "Property"); and WHEREAS, Landlord in anticipation of purchasing the Property, entered into an Assignment of Cattle Lease Agreement with Premier Citrus; and WHEREAS, Landlord purchased a portion of the Property located on the east side of 1-95; and WHEREAS, Landlord and Tenant extended the Cattle Lease Agreement on a portion of the Property located on the east side of 1-95, 198.36 acres, for two years; and WHEREAS, Landlord and Tenant desire to extend the Cattle Lease Agreement for an additional three years with two one-year extensions to run consecutively under the terms as set forth below; and WHEREAS, Landlord and Tenant desire to apply the Cattle Lease Agreement on the entirety of the property located on the east side of 1-95, approximately 243 acres (the "Full Eastern Property"), see attached Exhibit "A", under the terms as set forth below; and WHEREAS, Tenant agrees to maintain the property to alleviate Landlord from incurring any expenses related to the maintenance (i.e. mowing, trimming) of the aforementioned property under the terms as set forth below; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The term of the Cattle Lease Agreement on the Full Eastern Property is extended to March 15, 2025. 3. Tenant shall pay to Landlord the sum of $28.57 per acre per year based at 243 acres for the sum of $6,942.60 to be paid by March 15, 2022. All subsequent years will be paid in full on March 15, of the subsequent years of Cattle Lease Agreement term. 4. Within 10 business days of the Effective Date of this Extension, Tenant shall provide Landlord all insurance as set forth in the Lease. 5. With respect to the Full Eastern Property, the other terms and conditions of the Lease shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment and Extension of Cattle Lease Agreement as of the day and year first written above. Signed in the presence of the following witnesses: sign: print name: sign: print name: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 2 STASKI ENTERPRISES, INC. TENANT Michael J. Staszewski President INDIAN RIVER COUNTY, FLORIDA LANDLORD By: Peter D. O'Bryan, Chairman Board of County Commissioners BCC approved: Indian Springs Parcel 1: Parcel ID Nos. 33381400001009000001.0 Township 33 South, Range 38 East, Section 14, Tracts 9, 10, 11, that part of Tract 12 lying East of Interstate 95, that part of Tract 13 lying East of Interstate 95, Tract 14 less the portion of the Southwest comer lying West of Interstate 95, Tract 15 less canals and road rights of way, and less additional right of way in Book 2969, Page 2285, Official Records of Indian River County, Florida. LESS AND EXCEPT the West 10 feet of the East 40 feet of Tract 9. Ranch Road Parcel 2: Parcel ID No. 33381400001016000001.0 Tract 16, less the East 40 feet thereof, Section 14, Township 33 South, Range 38 East, according to the last general plat of INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2, Page 25, public records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida. 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: February 1, 2022 SUBJECT: Fire Rescue Division Battalion Chief Posting & Vacation Compensation Consideration DESCRIPTION AND CONDITIONS: Lorin Benham, Fire Rescue Battalion Chief, will retire on June 30, 2022. In light of Battalion Chief Benham and other upcoming retirements, we have advertised internally, interviewed multiple candidates, and compiled a list of suitable replacements for the retirement vacancies. It is our plan to fill the Battalion Chief position 30 days prior to Chief Benham's retirement, to allow our new Battalion Chief ample time to learn the subtleties of the job. The dual -encumbrance will not exceed 30 days. Due to COVID and work responsibilities, Chief Benham was unable to take the necessary vacation time throughout the year to get to a level that complies with Administrative Policy Manual Number 502.1. In fact, by the time he reaches his retirement day, he will be approximately 240 hours (20 days), over the maximum allowed. Currently, Chief Benham has enough time to use his excess vacation and was planning to utilize his vacation time during his last 30 days; unfortunately, in doing so, it would leave his supervisory position vacant during the 30 days that dual encumbrance for his upcoming vacancy was due to begin. To benefit the department, as well as Chief Benham, we respectfully request authorization to compensate Battalion Chief Lorin Benham for the 240 hours (20 Days) of accrued vacation leave exceeding the maximum specified in the Indian River County Administrative Policy. The total cost for this exception to the policy is $10,725.85 (breakdown attached). FUNDING: Funding in the amount of $10,725.85 will be provided from the Emergency Services Salaries & Benefits accounts. RECOMMENDATION: Staff recommends the Board of County Commissioners authorize dual -encumbrance for the Battalion Chief position not to exceed 30 days. Staff also recommends that a special exception be made to the Administrative Policy Manual Number AM 502.1 and authorize payment for 240 additional hours (20 days) of accrued vacation leave, exceeding the maximum leave allowed to be paid. ATTACHMENTS: 1. Vacation Leave Policy (AM 502.1) 2. Vacation Payout Breakdown 10 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: 1. 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 ACCRUAL RATES 37.5 Hour Week Hrs/Yr Hrs/Mo 40.0 Hour Week Hrs/Yr Hrs/Mo 1 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN 80.0 6.67 POLICY RESOURCES AM -502.1 10/1/2019 MANUAL SUBJECT PAGE 7.34 VACATION LEAVE 1 of 2 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: 1. 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 ACCRUAL RATES 37.5 Hour Week Hrs/Yr Hrs/Mo 40.0 Hour Week Hrs/Yr Hrs/Mo 1 yr to 4 yrs, 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 8 yrs 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 10 yrs 12 months 16 120.0 10.00 128.0 10.67 11 yrs to 11 yrs 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 13 yrs 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. Part-time employees are entitled to vacation accrual on a pro -rata basis. Part-time employees hired on or after June 22, 2001, and temporary employees are not eligible to accrue vacation leave. 3. New employees may use vacation after completing their new hire probation. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at the end of each month, and is shown on the payroll prelist for the pay period ending on or after the first of the following month. In order to accrue vacation for that month, an employee must work at least one-half of the budgeted hours in the month or be in a paid leave status. Donated sick leave and paid administrative leave are excluded. 4. Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 11 5. 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. 6. 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. 7. 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. 8. 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. 9. Vacation leave will always be paid at the employee's pay level at the time the vacation is used. JASON E. BROWN DATE 12 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -502.1 10/1/2019 MANUAL SUBJECT PAGE VACATION LEAVE 2 of 2 5. 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. 6. 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. 7. 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. 8. 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. 9. Vacation leave will always be paid at the employee's pay level at the time the vacation is used. JASON E. BROWN DATE 12 Indian River County Fire Rescue Emergency Operations Center 422543 rd Ave Vero Beach, FL 32960 772-226-3900 Lonn Benham Emergency Ops Battalion Chief ES02 Vacation Payout 240 Hours @ $37.7264/hr $ 9,054.34 Social Security $ 561.37 Medicare $ 131.29 Retirement (Only on 100 hours) $ 976.74 Life Insurance $ 2.12 Total $ 10,725.85 1 13 S�_ CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Karen Rackard, 911 Mapping Technician DATE: February 4, 2022 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the 800 MHz radio system project in 1996, Communications International, Inc., the factory -certified regional service partner of the manufacturer, has provided the daily maintenance for the radio system. On March 1, 2011, the Board designated Communications International, Inc. as the County's Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity of essential services, the County requires Communications International, Inc. to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International, Inc., is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY 2021/2022 (Contract Number CI -10-146) provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. This base contract for services expired on September 30, 2019, and the proposed FY 2021/2022 contract renewal represents extension number two (2) of the original contract. The terms and conditions of the proposed contract will remain the same as the previous one with increases/decreases in annual maintenance costs only due to removal of old equipment for the P25 Project and South Urban Consumer Price Index (CPI) adjustments. FUNDING: The South Urban Region CPI is used to annually adjust the cost of the maintenance and service agreement. The CPI for FY 2021/2022 is 2.0%. However, CPI was applied only to the equipment installed before FY 2021/2022. 14 The proposed FY 2021/2022 maintenance contract for the communication system backbone infrastructure maintenance totals $310,356.84 and is to be paid through monthly invoices. The decrease in cost is due to removing of the old EDAC's radio systems from the contract. FY 2020/2021 Maintenance Agreement $328,736.64 FY 2021/2022 Proposed Maintenance Agreement $310,356.84 Funding for the communications service agreement is a planned expenditure and is included in the FY 2021/2022 Communications/Emergency Services (001-107) budget in the General Fund. Account Number Agreement Amount 00110719-034690 $310,356.84 RECOMMENDATION: Staff recommends the Board approve the renewal of the 800 MHz Communications system Master Service Agreement with Communications International, Inc. ATTACHMENTS: 1. Master Service Agreement (Contract Number CI -10-146) 2. Backbone FY 2021/2022 Maintenance Cost Summary 3. CPI Calculation Letter 4. Instructions for the Consumer Price Index, Southern Urban 15 0 COMMUNICATIONS IN"ERNATIONAL ORIGINAL 4450 US I ♦ Vero Beach, Florida 32967 4 Telephone: (772) 569-5355 ♦ Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CI -10-146 This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 (" "Ci"), and Indian River County Board of Commissioners, located at 1801 271 Street (the "Customer"), on the 1` day of October 2015, (the "Effective Date"). WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged and confessed, the Parties agree as follows: 1. DEFINITIONS A. Parties — shall mean, collectively, Ci and the Customer. B. Services — shall mean those services to be provided by Ci to the Customer pursuant to this Contract, but not limited to maintenance, repair, replacement, labor and testing. C. Contract — shall mean this document along with all documents attached hereto and incorporated herein by reference. D. Terminal Equipment — shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract. E. Fixed Equipment — shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract. F. Other Equipment — shall mean any other electronic equipment that is listed in this Contract and defined herein. G. Demand Services —shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. H. Normal Working Hours — shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ("Business Days"), unless otherwise defined. 1. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week, including Federal and State Holidays. Pane 1 of 12 16 2. SCOPE OF CONTRACT Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with Exhibit C of this Contract. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the Tenn, unless (1) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the "Renewal Notice") or (1I) in the event Ci proposes new terns, conditions, or pricing ("New Terms"), such New Terms are not accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract. B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site (http:\\www.bis.gov/cpi/home.htd): 1. Select the "South Urban region of the U.S. Map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services areas set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C. C. In addition to the Services specified in this Contract, the Customer may order other work to be provided by Ci, including specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). within ten (10) business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (I I h Business Day after receipt. Page 2 of 12 17 ORIGINAL D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance of Ci's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of this Contract. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract. G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C. H. Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Contract. 7. PREVENTIVE MAINTENANCE Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRAMMING Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming changes will be provided periodically, upon request, at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from. the amount charged to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days. 11. FORCE MAJEURE Ci will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions, governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance. 12. INDEMNIFICATION To the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where Page 3of12 In ORIGINAL such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50,000 or the amount actually paid by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificates of insurance showing that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced. B. The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE —CONTRACT NUMBER CI -10-146 IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL, INC. By. Title: Name: 17,4 R R y Ke'. t" Date: !/ /S'//s ,......,. ,l4tlss�O,r✓�•. f ,•O44q'� R�'ER C013 INDIAN RIVER COUNTY BOARD OF COMMISSIONERS By: �l..eC� Title:. Name:Tlnb Solari Date: November 17, 2015 ATTEST: Jeffrey R. Smith, Clerk of Court and B l�l troller Y: Dedu- tv Clerk Page 4 of 12 AiPFKUV D R5 1 V I'S 7 AND GAi E BY w.tt.l.W1 K• DebPAAL 1 DE!1UT1'C0ur TYATi'0KKY` Contract Number C1-10-146 EXHIBIT "A" SCOPE OF WORK ORIGINAL During the term of the Contract, Ci agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the prices set forth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor. service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours of the Customer's request for Emergency Service. B Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third party negligence, installation or removal; liquid intrusion; lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci. 4. Preventative Maintenance Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. 5. General All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit "B". Page 5 of 12 20 Contract Number CI -08-10-146 i COMMUNICATIONS INTERNATIONAL 4450 US Highway 1 Vero Beach, FL 32967 772-569-5355 Fax: 772-567-2292 Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 772-567-3160 Contract # CI -10-146 Purchase Order # Covered Period: October 1, 2015 - September 30, 2016 ORIGINAL EXHIBIT "B" Equipment and Pricing List Budgetary Quote Agreement # Customer# IRC13OBB Customer Details Bill To: Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach. FL 32960 Document Details Billing Details South Tower Site 2014/2015 South Urban Cpi 2015/2016 Qty Unit Amount Unit Monthly -0.30% Amount Amount Channels Mastr III Stations 15 $ $ $ 123.64 (0.37) 123.27 1,849.05 Channel Site Pro's 15 $ $ $ 42.18 (0.13) 42.05 630.75 Receiver Multicoupler with Tower Top Amp 1 $ (0.30) S 135.70 135.70 $136.00 Network Sentry Server 1 $ $ $ 301.58 (0.90) 300.68 300.68 Simulcast Common Transmit Equipment 1 $ $ $ 309.07 (0.93) 308.14 308.14 Mastr 111 Mutual Aid Channels 6 23.64 (0.37) $ 123.27 $ 739.62 Intraplex Multiplexer 3 $ $ $ 29.05 (0.09) 28.96 86.88 Microwave Radios 4 $ $ $ 121.89 (0.37) 121.52 486.08 Egret Marsh Microwave Radios 2 $ 117.49 (0.35) S 117.14 $ 234.28 Page 6 of 12 21 ORIGINAL T1 Switch 4 $ 29.05 (0.09) S 28.96 $ 115.84 IP Network Equipment 2 $ 120.55 (0.36) $ 120.19 $ 240.38 Total for South Site 5,127.40 Simulcast Control Point Qty Unit Amount Monthly Amount Vertical Site Pros 15 $ $ $ 115.13 (0.35) 114.78 1,721.70 Intraplex Multiplexers 3 $ 29.05 (0.09) $ 28.96 $ 86.88 Egret Marsh Intraplex Multiplexer 1 $ 27.04 (0.08) $ 26.96 $ 26.96 Network Sentry Server 1 $ $ $ 301.58 (0.90) 300.68 300.68 Control Point Common Equipment & Alignment Rack 1 $ 309.07 (0.93) $ 308.14 $ 308.14 15 Analog & Digital Voters Egret Marsh 1 $ 126.50 (0.38) $ 126.12 $ 126.12 Down Links 1 $ $ S 29.10 (0.18) 28.92 28.92 SIM 1 $ $ S 253.00 (0.76) 252.24 252.24 DC Power System $ $ $ 1 364.71 (1.09) 363.62 363.62 IP Network Equipment S $ S 1 120.55 (0.36) 120.19 120.19 5 Total for Simulcast Control Point 3,335.45 North Tower Site Qty Unit Amount Monthly Amount Mastr III Stations 15 $ S 123.64 (0.37) $123.27 1,849.05 Channel Site Pro's 15 $ S 42.18 (0.13) 542.05 630.75 Receiver Multicoupler with Tower Top Amp 1 $ 136.00 (0.41) $135.59 S 135.59 Network Sentry 1 $ 301.58 (0.90) $300.68 $ 300.68 Simulcast Common Transmit Equipment 1 $ S 309.07 (0.93) $308.14 308.14 Mastr 111 Mutual Aid Channels 0 $ - $0.00 - Intraplex Multiplexer 3 $ $ 29.05 (0.09) $28.96 86.88 DC Power Supply System 1 $ $ 296.70 (0.89) $295.81 295.81 T1 Switch 4 S $ 29.05 (0.09) S28.96 115.84 Microwave Radios 5 S S123.56 (0.37) $123.19 615.95 Page 7 of 12 22 ORIGINAL IP Network Equipment 1 $ $ 120.55 (0.36) $120.19 120.19 S Total for North Site 4,458.88 Fellsmere Tower Site Dispatch Equipment Qty Unit Amount Monthly Amount Amount Mastr III Stations 7 S 123.64 (0.37) 123.27 $ 862.89 Channel Site Pro's 7 $ $ 42.18 (0.13) $42.05 294.35 Mastr III Mutual Aids Channels 0 S $ Downlinks 1 $ (2.61) 868.99 $ *Microwave Alarm Pc 1 29.10 (0.18) 28.92 28.92 Sim 1 $ (0.18) 28.92 $ 0 253.00 (0.76) 252.24 252.24 Network Sentry Server 1 $ 301.58 (0.90) 300.68 $ 300.68 Receiver Multicoupler with Tower Top Amp 1 $ (1.1 I) 369.77 $ *MOM System 1 136.00 (0.41) 135.59 135.59 Intraplex Multiplexer 2 $ (0.33) 110.93 S *CSD 1 29.05 (0.09) 28.96 57.92 DC Power Supply System 1 $ (1.02) 338.97 $ *CSD Client 1 296.70 (0.89) 295.81 295.81 Microwave Radios 2 S (0.30) 98.60 $ Netclock -GPS 2 123.56 (0.37) 123.19 246.38 IP Network Equipment 1 $ (0.16) 51.76 S Intraplex Multiplexers- 11 120.55 (0.36) 120.19 120.19 Total For Fellsmere Site 29.05 (0.09) 28.96 $ 2,594.97 Dispatch Equipment Page 8 of 12 23 Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 10 $ $ 173.07 (0.52) 172.55 1,725.50 IMC/CEC Switch 1 S $ 871.60 (2.61) 868.99 868.99 *Microwave Alarm Pc 1 $ $ 29.10 (0.18) 28.92 28.92 0 $ *DVIU 1 $ $ 370.88 (1.1 I) 369.77 369.77 *MOM System 1 S $ 111.26 (0.33) 110.93 110.93 *CSD 1 $ S 339.99 (1.02) 338.97 338.97 *CSD Client 1 $ $ 98.90 (0.30) 98.60 98.60 Netclock -GPS 2 $ $ 51.92 (0.16) 51.76 103.52 Intraplex Multiplexers- 11 $ S 29.05 (0.09) 28.96 318.56 Page 8 of 12 23 Zetron Model 25 Encoders 5 $ 30.92 (0.09) Orion Remote Back-up Radios 9 $ 29.66 (0.09) Microwave Radios (IRCSO,VBPD,Seb PD dispatch) 3 $ 1 VHF EM/Fire Page Station 1 123.56 (0.37) Tt Switch (VBPD & SO) 2 $ 29.05 (0.09) IP Network Equipment 1 S 120.55 (0.36) UPS battery backup (located at South site) 1 $ 4,976.90 129.43 129.43 45.32 (0.14) Total for Dispatch Equipment 1,206.20 $ Hobart Tower Site 293.93 (0.88) 293.05 Qty Unit Amount 1 Mastr 111 Back-up Stations 15 Receiver Multicoupler with Tower Top Amp 1 Intraplex Multiplexer 1 Med 4 Station 0 Med 8 Station 1 VHF County Paging System Station 1 VHF EM/Fire Page Station 1 Total for Hobart Site 57.92 Egret Marsh Site $ 49.46 S 136.00 $ 29.05 (0.15) (0.41) (0.09) ORIGINAL 43.27 $ 30.83 154.15 Monthly 29.57 266.13 $ 123.19 369.57 129.82 S 28.96 57.92 159.29 $ 120.19 120.19 43.14 43.14 45.18 45.18 129.43 $ 301.58 4,976.90 43.27 Monthly Unit Amount Amount Monthly 49.31 739.65 $ 135.59 135.59 129.82 S 28.96 28.96 159.29 $ Network Sentry 1 43.14 43.14 S 129.43 129.43 301.58 $ 129.43 129.43 Simulcast Common Transmit Equipment $ $ 1,206.20 43.27 (0.13) Unit Amount S Monthly 129.82 (0.39) Amount 129.82 (0.39) $ 159.77 Page 9 of 12 24 Qty Unit Amount Monthly Amount Mastr III Stations 15 $ 159.77 (0.48) 159.29 $ 2,389.35 Network Sentry 1 $ $ 301.58 (0.90) 300.68 300.68 Simulcast Common Transmit Equipment 1 $ $ 293.93 (0.88) 293.05 293.05 Intraplex Multiplexer 1 S 27.63 (0.08) 27.55 $ 27.55 DC Power Supply System 1 $ $ 281.34 (0.84) 280.50 280.50 Microwave Radios 2 $ 117.49 (0.35) 117.14 $ 23418 5 Total for Egret Marsh 3,525.41 Page 9 of 12 24 ORIGINAL Cost Summery for Oct 2015 -Sept 2016 12 months The Consumer Price Index Southeast Urban Region of -0.3 has been subtracted off each equipment line item that was on 2014-2015 agreement: Page 10 of 12 25 Monthly Totals South Tower Site S 5,12740 S mulcast Control Point S 3,335.45 North Tower Site $ 4,458.88 Fellsmere Tower Site $ 2,594.97 Dispatch Equipment $ 4,976.90 Hobart Tower Site $ 1,206.20 Egret Marsh Site $ 3,525.41 Fuel Adjustment $ 75.00 Total Monthly Maintenance for Sites: $ 25,300.21 Total Oct -Sept Maintenance: $303,602.52 The Consumer Price Index Southeast Urban Region of -0.3 has been subtracted off each equipment line item that was on 2014-2015 agreement: Page 10 of 12 25 Contract Number CI -10-146 EXHIBIT "C" DEMAND SERVICE RATES Demand Services Support Staff Cabler System Installer System Design Engineering Hourly Rate Maintenance Technician (Bench) RF Engineer IT Engineer Site Manager Project Manager Emergency Service Rate Expenses Lodging Per Diem Travel Time Pa -e 11 of 12 ORIGINAL Rate Per Hour $ 50.00 $ 57.00 $ 62.00 $ 150.00 $ 88.00 $ 125.00 $ 125.00 $ 80.00 $ 100.00 Rate * 1.5 Actual Actual IRS Rate Actual 26 Contract No. CI -08-10-146 EXHIBIT "D" Pricing Discounts ORIGINAL Pricing discounts for all Harris manufactured equipment will be at the current Public Safety discount level of 28 % off list price published on the Harris website. All list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government'' discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by Ci in the State of Florida. Page 12 of 12 27 O►nWti000�- O ct cfl 00 0 0� N �t O N F r co' C CO (6 6 lf) O u) NM LOOt`O"f-O M 't' M O N M HT M lt5 MIzi N 't 1 M W C Gq ZG Efi ca H3 u:> ER N O O EA E N r w r O N r Q. 0 Lh IrO N t5 O i O E E m cn y O 0 r_ O O U c� C = Cn O CfJ O •Q' U F— u 0 co Ecu -0) O w O .� O Q) .� 0 0 O 0 CO Z LL Q a: W L.L N t!') N O CO M O m e IC'OMMUNICATIONS i INTERNATIONAL, INC. 4450 US Highway I + Vero Beach, Florida 32967 ♦ Telephone: (772) 569-5355 a Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1801 271h Street Building A Ref: Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to detennine the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance contract in preparation for the upcoming year. The present contract lance ,age is: The basis for this extension will be the consumer price index (CPI)for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal. The adnrstmeni factor used to create price adjustment up or down for each unit price proposed is as follows: Previous 12 month CPI -U South Urban = CP1 Adjustment Current yew- CPI -U South Urban Proposed contract Ian--u_age: Use the Bureau of Labor Statistics webb site(hmx/i�vwlv.bls.eov!cnii'rnm..hm�) 1. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data'' 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an amendment to the referenced contract. Sincerely, Robert Wm Stork Owner/CEO 29 AFRRSYFE CtbRQC+4YAB14i3 R.- cammunica8cnn F3rvhslat 1030 Old Spanish TrA Suis M 10CNAM- 0. "MOW BOYET Stida LA 70458 S6GRXa6suviceUmlw phono 1-325-7183125 SocNuasF Rq-00 fax S -NS -718312E cal;Aw 1.925-774-7504 rnicn;xel.beyetB�F+a�rfs.can vnv J. nis-wm February $, 2011 Subject, Communications International, Inc Communications International, Inc. (Cl I) is a premier member of Harris' indirect sales channel and is the exclusive Harris Authorized Service Center for the Indian River County airs. CII has been a Harris partner for aver 30 years and is by far the largest Network Service Provider for Harris in the eastern United States and implements and maintains many of Harris' sfsteams across the country including York County, PA, Clark CountytLas Vegas, NV, and the State of Florida. As such- CII engineers work closely and train alongside Harris engineers and technical staff on the design, staging, maintenance and support of now technology. This well-established relationship assures our Customers' system maintenance needs gets attention from all areas of the team, software engineers, field engineers, technicians and program management. CII is headquartered in Vero Beach, FL and is an employee owned rxirrtpany with 12 locations and over 150 employed including certified engineers, senior technicians, program managers. and subject matter experts. Cll specializes in complete wire ss communication systems and has the unique quality of having experienced staff knowledge in both Radio Communications and IT technologies. Cll has the ability to integrate multiple types of communication platforms. Sincerely, �J Michael'Soyet, RSM Endasum -nnq cfmfr.nxna a 30 Cost Summary for Oct 2021 -Sept 202212 months South Tower Site Simulcast Control Point North Tower Site Fellsmere Tower Site Dispatch Equipment Hobart Tower Site Egret Marsh Site IRC EOC Site IRCFD Station 2 Total Monthly Maintenance for Sites: Total Oct -Sept Maintenance: $310,356.84 2/3/2022 Monthly Totals $ 4,085.67 $ 1,837.48 $ 3,803.37 $ 3,472.76 $ 4,282.52 $ 3,765.76 $ 2,635.27 $ 1,370.01 $ 610.23 $ 25,863.07 31 4450 US Highway 1 o Vero Beach, Florida 32967 4, TeEephone: (772) 569-5355 e Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1801 271h Street Building A Ref: Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mx. Brown: A problem exist with the referenced contract in paragraph 3-0 which has to do with the formula used to determine the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CTI would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance contract in preparation for the upcoming year. The present contract language is: The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor Statistics South Urban %dost recent publication prior to contract reneival The adjustment factor used to create price adjustment up or down for each unit price proposed is as follows: Previous 12 month CPI-USouth Urban = CNAdjustment Current year CP1-U South Urban ProDosed contract ianauaae: Use the Bureau of Labor Statistics webb site EhttoJr�v�r�;r hls.�o� icpifho:melltm} I. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. if you are in agreement let me know and we will issue an amendment to the referenced contract. Sincerely, Robert'Wrn Stork Owner/CEO 32 Instructions for the Consumer Price Index, Southern Urban. The prior charts have been discontinued. Go to the following link: Consumer Price Index (CPI) Databases : U.S. Bureau of Labor Statistics bls. ov You will see a list of CPI Databases example below: ConsumerPrice Index CPI Home CPI PublicationsCPI Data CPI Methods About CPI Consumer Price Index (CPI) Databases Databases All Urban Consumers (Current Series) (Consumer Price Index - CPI) Urban Wage Earners and Clerical Workers (Current Series) (Consumer Price Index CPI) All Urban Consumers (Chained CPI) iConsumer Price Index CPI) Average Price Data (Consumer Price Index CPI) ws 'eaa rr ras IfOtM wEir '. sar. wos Choose "All Urban Consumers (Current Series) —Top Picks Click South Region, All Items, Then Retrieve Data 33 When the table appears below: click on More formatting Options Databases, Tables & Calculators by Subject Change Output Options: From:l2011 v To: 2021 ©include graphs ©include annual a•+eraSes Mnr¢Forman inn Ontinnsy Data extracted on: lune 21, 2021 (11:05:22 AM) CPI for Alt Urban Consumers (CPI -U) Seriesid: CUUR0300SAO Not Seasonally Adjusted Series Title: All acnes in South urban, all urban consumers, not seasonally adjusted Area: South Item: Ali items Base Period: 1932•3.1=100 250 240- 40230220 230- 220 2011 2012 2013 2013 2015 2016 2017 2018 2019 2020 Year You can make selections for the specific information you are looking for, in the following example, I selected Table format, Original and 12- Month Percent change for years 2018 — 2021, including graphs and annual averages in HTML Format. Once you have made your selection click retrieve data. U.S. BUREAU OF LABOR STATISTICS DATA TOOLS v Databases, Tables & Calculators by Subject ;elect view of the data Table Format Column Format �hlulti-series table . Monginal Data value L-711-Alonth Percent Change 02 -hl 0th Percent Change 03-f.lonth Percent Change CG -Month Percent Change 2312-t.lonth Percent Change Select the time frame for your d _1 Alt years OR -'A(( Time Periods OR Sp cify y¢ar range: Fr t: 12013 v To: l 2021 Select one time period: nnual Data January ;February W rch �pril .` ily )utput Type: tsulect on. Gra hsAnnual Avera es o. HTML tobie OR _ x[ Include graph: (z include annual overages comma delimited 111 Retrieve Data The following series id(s) were generated from your query. To savethese series id(s), cut and paste to a text file. (Edits are ignored. To change these series id(s) you will need to restart your query.) �CUURO30OSAO i i Results of the selections on prior page. U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Change Output Options: From 2018 v To: �' E3 include graphs 92 include annual ,averages M1/Drn Fnrm ttl n O tl n aa► Data extracted on: June 21.202L (11:07:44 AM} CPI for All Urban Consumers (CPI -U) Series Id: CUUR0-JOSA0 `lot 5c.asonally Adjusted Sari's Tltle: .111 items rn South urban• all urban cons-ers, not seasonally adjusted Area: South Item: All items Base Period: 1752-S•1=100 Download: �; = Ise Year Jan Fab Mar Apr May Jun Jul Aug _ Sep Oct Nov Dac Annual MALF1, NALf2 -_ 2018 , 239.772 2-11.123 241.595 212.-186 243.277 2.11.770 212 77G 243.GOa 243.6 :0 2a.1.1G3 2.13 lS-1 2 12.150 212.737 2-92.06-112,03.470 2019 2412.547, 2-13.!56 21.. IG -317 24G.GG7 _ 2 6 515 247.250' 246.953; 24G.871 2.17.423 2.17.3SS 2.1; 237 246 2G 245 331 j 247.199 - _.. 2020 48 005 248 12 S. 3G 1 51 /5.47x. 2-17.223 2.18.619 i 249.6391 250.173 257 542 250._'55 250 673 213 G3- 247.2887249. 990 ]nal J ,J nf.7 '. JSi iRr. J :317 7 .J 7n J�.n 14t - -_- 1 12 -Month Percent Change Series Id: CUUR0300SAO Not Seasonally Adjusted Series Title: All items in South urban, all urban consumers, not seasonally adjusted Area: South Item: All items Base Period: 1992-S•1=100 rte! 2018 Year Download: 131 xlsx Yearn. Jan, Feb ; Mar Apr , May Jun Jul Aug, Sep , Oct . Noy Det Annual I NALF1 MALF2 j 2018 i.8il 2.3 2-4i 2.7i.7�i.91 2.41 1.71 2.1f 1.91 1.51 2.21 2.41 2.1� 2019' 1.2 1 1.11 1.6, 1.8 1.4 1.11 1.4 1 1.41 1.31 1.31 1.6 1 2.11 1.5, 1.41 1.51 35 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 7, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2022017 for Temporary Staffing Services BACKGROUND: Bids were solicited to establish fixed pricing for temporary staffing services to be utilized as needed by various County departments. These services are separate from the Annual Day Labor agreement solicited on behalf of the Road and Bridge Division, as the requirements of that agreement are much more specialized. While not exclusive, award of this bid ensures both predictable pricing and eligibility for reimbursement when utilized for federally -funded activities. One of three agreements awarded under previous bid 2021008, with provider HireQuest Direct, remains in effect through September 30, 2022. The new bid was established to facilitate a pricing structure based on the complexity of each individual assignment, rather than just a flat hourly rate per general work category. Under the new award, Human Resources will determine the base pay rate for each assignment, and a percentage markup bid by the provider is added to determine the hourly fee for the temp. The new award also increases the number of eligible providers, enabling Human Resources to cast a wider net to find the most appropriately qualified candidate for each temporary position. The term of this award is one year, with two additional one-year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal would be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Replies: December 10, 2021 January 7, 2022 72 Vendors 12 Vendors KR CONSENT ANALYSIS: Bidders were able to submit markup percentages for one or more of the four work categories. The bids are detailed on the table on the next page, with "NB" indicating the firm did not submit a bid for that category of work. The Human Resources Department has reviewed the bids and has determined Blue Arbor, Inc., AUE Staffing, Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure Technologies, LLC to be the lowest, responsive and responsible bidders. Those providers and their categories proposed for award are highlighted in green on the table. Quotes obtained by the Human Resources Department in August of 2021 for administrative professional support were 27.46%, 30% and 31%. Bidder Name Servicing Location Office/ Clerical Support Markup % Admin. Professional Support Markup % General Labor Support Markup % Mechanic Support Markup Blue Arbor, Inc. Gulf Breeze 22.0% 22.0% 24.0% 24.0% AUE Staffing, Inc. Melbourne 26.99% 26.99% 29.25% 29.50% LFI Fort Pierce, Inc. Vero Beach 27.7% 27.7% 29.5% 29.5% Altrian, Inc. Miami 28.0% 28.0% 30.0% 30.0% Spherion Staffing & Recruiting Port St. Lucie 29.99% 29.99% NB NB Secure Technologies, LLC Waldorf, MD 32.0% 32.0% 32.0% 32.0% Moten Tate, Inc. Orlando 30.0% 30.0% 34.0% 34.0% Famoso Inc DBA Manpower Vero Beach 35.0% 35.0% 39.0% 41.0% HireQuest Direct Stuart 37.0% 37.0% 46.0% 46.0% Express Employment Professionals Port St. Lucie 40.0% 40.0% 45.0% 40.0% MSys, Inc. Washington, DC 40.0% 40.0% 40.0% 40.0% Innotech Construction, Inc. West Palm Beach 65.0% 65.0% 65.0% 65.0% SOURCE OF FUNDS: Annual expenditures for temporary staffing services over the past four years were $93,657 in FY2018; $19,136 for FY2019, $8,038 for FY2020; and $132,202 for FY2021. The 2021 expenditures reflect $100,716 to support CARES and ARPA grant application processing, and $18,965 for SHIP staff support. Funding for services under this agreement will vary by using department and funding source. RECOMMENDATION: Staff recommends the Board award Bid 2022017 to Blue Arbor, Inc., AUE Staffing, Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure Technologies, LLC, approve the sample agreement, and authorize the Chairman to execute the agreement after approval by the County Attorney as to form and legal sufficiency. Attachment Sample Agreement 37 @BCL@7C10DA77.docx Sample 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 (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: Temporary Staffing Services 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: Annual Bid for Temporary Staffing Services Bid Number: 2022017 Project Address: Various facilities throughout the County ARTICLE 3 - CONTRACT TIMES The initial term of this award is one year from award, with two one-year renewals available. ARTICLE 4 - CONTRACT PRICE 4.01 Work shall be completed at the prices provided in the Contractor's bid, and as modified by amendment to this agreement. 4.02 All services provided by the CONTRACTOR for the OWNER shall be identified in Work Authorization and performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 4.03 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the OWNER and the CONTRACTOR by which the OWNER accepts Contractor's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the OWNER. 1 38 @BCL@7C10DA77.docx 4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the OWNER 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 a Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER. 4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. ARTICLE 5 - PAYMENT PROCEDURES 5.01 CONTRACTOR shall invoice OWNER weekly for services under each Work Authorization. All payments for services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Upon a determination of satisfactory completion, the OWNER Project Manager will authorize payment to be made. 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. 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. 39 @BCL@7C10DA77.docx 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- veri ov) 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) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2022017; (6) Addenda (numbers 1 to 2, 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). 3 40 @ BCL@7C10DA77.docx 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. (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 oras otherwise provided by law. 4 41 @BCL@7C10DA77.docx (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 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. 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 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. @BCL@7C10DA77.docx (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. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the 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. C. 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. D. 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. (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. 6 43 @BCL@7C10DA77.docx E. 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. F. 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. G. 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. H. 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. I. 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. J. 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. 7 44 @BCL@7C10DA77.docx K. 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. L. 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. M. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 8 45 @BCL@7C10DA77.docx (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: L Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number, the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 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: (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; 9 46 @BCL@7C10DA77.docx (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 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. 10 47 @BCL@7C10DA77.docx 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. 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 ME NO Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LE Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 11 48 @BCL@7C10DA77.docx Exhibit 1 to the Agreement — Pricing 12 49 CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 2, 2022 From: Kristin Daniels Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2022/23 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee (CSAC). The County has historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. On March 14, 2017, the Board approved a three-year phase-in of funding to reach the 0.1250 millage cap authorized for the program in FY 2019/20. Based upon the prior fiscal year's taxroll, the 0.1250 millage cap for FY 2022/23 is $2,443,606 which is $121,532 or 5.2% higher than last fiscal year. Recommendation Staff recommends that the Board of County Commissioners approve FY 2022/23 funding for Children's Services at the full 0.1250 millage cap of $2,443,606. Attachment Children's Services Funding History 50 Children's Services Council Advisory Committee Funding History (FY1997/98 through FY2022/23) Fiscal Year Total Approved Funding % Increase 1997/1998 $81,370 n/a 1998/1999 $293,835 261.1% 1999/2000 $414,072 40.9% 2000/2001 $750,000 81.1% 2001/2002 $900,000 20.0% 2002/2003 $900,000 0.0% 2003/2004 $1,147,750 27.5% 2004/2005 $1,223,000 6.6% 2005/2006 $1,173,000 -4.1% 2006/2007 $1,208,100 3.0% 2007/2008 $1,100,000 -8.9% 2008/2009 $882,700 -19.8% 2009/2010 $768,100 -13.0% 2010/2011 $691,290 -10.0% 2011/2012 $656,726 -5.0% 2012/2013 $623,890 -5.0% 2013/2014 $623,890 0.0% 2014/2015 $623,890 0.0% 2015/2016 $851,965 36.6% 2016/2017 $1,051,965 23.5% 2017/2018 $1,607,965 52.9% 2018/2019 $1,663,965 3.5% 2019/2020 $2,062,611 24.0% 2020/2021 $2,205,912 6.9% 2021/2022 $2,322,074 5.3% 2022/2023 Proposed $2,443,606 5.2% $3,000,000 $2,500,000 $2,000,000 N O _C $1,500,000 G $1,000,000 $500,000 $0 Children's Services Council Funding History �� �� o0 00 00 00 o0 oy oy oy oy oy oti '> 'y ti ti ti ti ti ti ti ti ti ti ti Fiscal Year F:\Budget\agenda items\agenda 202223\funding history 97-98 through FY 2022-23 51 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 7, 2022 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2022030 for Back Lot Ditch Mowing BACKGROUND: On behalf of the Road and Bridge Division, annual bids were requested for contractors to perform mechanical removal of vegetation, weeds and grasses located within approximately 170 miles of back lot ditches. The areas to be mowed and cut back were divided between the north (85.1 miles) and south (85.81 miles) sections of the County, with mowing to be completed six times per year, and the cutback removal of larger vegetative debris to be completed once per year. This is a new bid, with term of award proposed to be one year, with the option of two one-year extensions, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. BID RESULTS: Advertising Date: January 5, 2022 Bid Opening Date: February 2, 2022 Demandstar Broadcast to: 592 Subscribers Bid Documents Obtained by: 13 Vendors Replies: 2 Contractors ANALYSIS: The invitation to bid noted that each section will be awarded in its entirety, with Contractors eligible to be awarded one or both sections. The bid documents also provided that the County reserves the right to award the work a manner that is in its best interest. One bid was determined to be non-responsive, as the bid form was not signed. Bidder's Name Location Total Annual Bid - Total Annual Bid - North County South County STS Maintain Services, Inc. Palm City $367,848.00 $392,580.75 Aero Groundtek, LLC Ocoee DQ DQ 52 STS Maintain has been performing back lot ditch mowing services under competitive quotes, and therefore is determined to be the lowest, responsive, and responsible bidder. Back Lot Ditch Mowing Rate Per Mile Annual Quantity Total Annual Bid North County Routine Mowing $545 510.90 $278,440.50 North County Cut Back $1,050 85.15 $89,407.50 Total North County $367,848.00 South County Routine Mowing $575 514.86 $296,044.50 South County Cut Back $1,125 85.81 $96,536.25 Total South County $392,580.75 FUNDING: Estimated expenditures for the single cut back cycle and three mowing cycles for the remainder of FY21/22 are listed below. Account Number Account Description Available Balance Bid Cost for FY 21/22 11121441-034673 Maintenance -North County Backlot Ditch $233,005.73 $228,627.75 11121441-034674 Maintenance -South County Backlot Ditch $245,267.12 $244,558.50 RECOMMENDATION: Staff recommends the Board award Bid 2022030 to STS Maintain Services, Inc., and authorize the Purchasing Division to issue blanket purchase orders with the selected contractors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 53 �6 Date: February 2, 2022 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation — Conservation Lands To: The Honorable Board of County Commissioners Through: Michael Zito, Asst. County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Florida Inland Navigation District Project Agreement Amendment for #IR -18- 67 Jones' Pier Conservation Area Public Use Improvements DESCRIPTIONS AND CONDITIONS On November 6, 2018, the Board of County Commissioners approved and executed a project grant agreement with the Florida Inland Navigation District (FIND) for Jones' Pier Conservation Area Public Use Improvements in its 2018-19 grant cycle. This grant provides $130,000 in cost -share funds toward the public use improvements at the conservation area which are substantially complete, but not approved for final payment. On July 1, 2020, staff requested an extension due to project delays caused by COVID-19 and subsequent, but unavoidable project delays. FIND has provided a Project Agreement Amendment to extend the grant completion period through September 30, 2022. Staff anticipates that the project will be completed by or before this date. FUNDING This is a no -cost amendment and no additional funds are necessary beyond what has been previously approved by the Board of County Commissioners. STAFF RECOMMENDATION Staff recommends the Board accept the Project Agreement Amendment for #IR -18-67 Jones' Pier Conservation Area Public Use Improvements and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS • Project Agreement Amendment for #IR -18-67 Jones' Pier Conservation Area Public Use Improvements -M APPROVED AGENDA ITEM FOR BCC FEBRUARY 15.2022 PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #IR -18-67 Jones' Pier Conservation Area Public use Improvements, between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and the Indian River County hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required project information on or before September 30, 2022. Pursuant to law, the project period cannot extend beyond three (3) years from October 1, 2018 unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. This PROJECT, having been delayed by a declared State of Emergency, has been authorized by the F.I.N.D. Board to receive a second extension, for the period of one (1) additional year and therefore this PROJECT must be completed by September 30, 2022. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of , 20_ Attest: Attest: F.I.N.D. DIRECTOR PROJECT SPONSOR CONTRACT ADMINISTRATOR 55 Date: February 2, 2022 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation — Conservation Lands To: The Honorable Board of County Commissioners Through: Michael Zito, Asst. County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Florida Inland Navigation District Project Agreement Amendment for #IR -18- 68 Oyster Bar Marsh Trail DESCRIPTIONS AND CONDITIONS On November 6, 2018, the Board of County Commissioners approved and executed a project grant agreement with the Florida Inland Navigation District (FIND) for Oyster Bar Marsh Trail Public Use Improvements in its 2018-19 grant cycle. This grant provides $120,000 in cost -share funds toward the public use improvements at the conservation area which are substantially complete, but not approved for final payment. On July 1, 2020, staff requested an extension due to project delays caused by COVID-19 and subsequent, but unavoidable project delays. FIND has provided a Project Agreement Amendment to extend the grant completion period through September 30, 2022. Staff anticipates that the project will be completed by or before this date. FUNDING This is a no -cost amendment and no additional funds are necessary beyond what has been previously approved by the Board of County Commissioners. STAFF RECOMMENDATION Staff recommends the Board accept the Project Agreement Amendment for #IR -18-68 Oyster Bar Marsh Trail and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS • Project Agreement Amendment for #IR -18-68 Oyster Bar Marsh Trail APPROVED AGENDA ITEM FOR BCC FEBRUARY 1-5. 2022 56 PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #IR -18-68 Oyster Bar Marsh Trail, between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and the Indian River County hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required project information on or before September 30, 2022. Pursuant to law, the project period cannot extend beyond three (3) years from October 1, 2018 unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. This PROJECT, having been delayed by a declared State of Emergency, has been authorized by the F.I.N.D. Board to receive a second extension, for the period of one (1) additional year and therefore this PROJECT must be completed by September 30, 2022. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of , 20_ Attest: F.I.N.D. DIRECTOR Attest: PROJECT SPONSOR CONTRACT ADMINISTRATOR 57 CONSENT DA BCC Meeting 02-15-2022 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: January 14, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Bela Nagy, Golf Professional Subject: Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club BACKGROUND & ANALYSIS: On March 10, 2015, the Board approved and authorized the Chair to sign the Agreement for Food Concession Services and Lease with Di'Michelli's Catering, Inc. ("Di'Michelli's") to operate and manage the snack bar operation at the Sandridge Golf Club. The lease agreement was for sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. The owner of Di'Michelli's requested to enter into an assumption and joinder agreement adding Bottom's Up Beverage of Florida, LLC, as a fully responsible co -tenant. The Board approved this request on December 12, 2017. The original lease calls for successive one- year renewal periods not to exceed an aggregate lease term of 10 years. The first one-year renewal approved by the Board on March 3, 2020, to expire on March 31, 2021. The second one-year renewal approved by the Board on March 2, 2021 expires on March 31, 2022. Staff is satisfied with Di'Michelli's performance under the Agreement and desires to renew another year. The Agreement may be terminated for cause, or upon the expiration of the one-year term, and may only be renewed under mutually acceptable terms. The monthly rent is calculated based on the sales including 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income. The rent income the first full fiscal year of business revenue totaled $23,180.42 in FY 2015-16, and has increased to $35,538.41 in FY 2020-21. For the current budget year, sales are currently 20.1% above last year through the end of December. Di'Michelli's has made a number of improvements to the restaurant as per the lease including new tables, chairs, cabinetry and equipment and has fulfilled all of their obligations as per the lease for the initial term. FUNDING: The rental revenue to be received shall continue at the rate of 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income per month payable on the first day of each month. : RECOMMENDATION: Staff respectfully requests that the Board approve the third renewal term under the existing lease and authorize the Chairman to execute the document. ATTACHMENTS: • Agreement for Food Concession Services and Lease between Indian River County and Di'Michelli's Catering, Inc. (BCC 03-10-2015) • Assumption and Joinder to Agreement for Food Concession Services and Lease between Indian River County and Di'Michelli's Catering, Inc. (BCC 12/12/2017) • First Renewal Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. • Second Renewal Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. • Proposed Third Renewal Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. APPROVED AGENDA ITEM FOR FEBRUARY 15, 2022 59 AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS AGREEMENT For Food Concession Services and Lease (the "Agreement") is entered into by and between Di'MicheIli's Catering, Inc., a Florida Corporation, 9425 Meadowood Drive, Ft. Pierce, FL 34951 (the "Concessionaire") and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, Concessionaire is desirous of entering into this Agreement for Food Concession Services and Lease at the Sandridge Golf Club and has represented to the County that it has the competency and experience to perform the services set forth in this agreement; and WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 and desires to engage Concessionaire to provide services to the County as more particularly described in this Agreement; and WHEREAS, Sandridge Golf Club accommodates approximately 95,000 rounds of golf annually including over forty golf tournaments and outings per year; and WHEREAS, the County's intent is to select a concessionaire to provide golf course patrons and employees with high quality service and food at an economical price; and, WHEREAS, the concession and food service area has been operated since the golf course first opened in 1987 and it is the desire and intent of the County to enter into this agreement and contract for food service for the facility operated within the Snack Bar and on the golf course at Sandridge Golf Club based on 1,705 square feet of space in the clubhouse and (2) 18 hole golf courses; and WHEREAS, Concessionaire and the County's contact information regarding this Agreement is: FOR COUNTY: Indian River County 1801 27ti' Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FAX: (772) 770-5109 FOR CONCESSIONAIRE: Di'Michelli's Catering, Inc. 9425 Meadowood Drive Ft. Pierce, FL 34951 TELEPHONE: (772) 465-7022 FAX: (772) 466-8066 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows: 1 60 SECTION I - LEASE Background Facts, The Background Facts are agreed to be true and correct are incorporated herein by this reference. 1. Property and Term of Lease. The County leases to Concessionaire and Concessionaire leases from County, the snack bar/concession area at Sandridge Golf Club consisting of approximately 1705 sq. ft. of space inside the Golf Club, as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein, for a term of sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. Concessionaire shall be permitted to operate at other locations at Sandridge Golf club subject to the designation and approval of the County. 2. First Month's Rent. The rent shall be paid as follows: Concessionaire agrees to advance a good faith estimate of the first month's rent in the amount of Two Thousand Dollars ($2,000.00) due on before April 1, 2015 to be offset and adjusted against the actual rent due and payable in accordance with the successive recurring monthly rent calculation as particularly described in Section 3 below. 3. Recurring Monthly Rent Calculation. The monthly rent shall be payable at the rate of ten (10) percent of all food and non-alcoholic beverage gross income and fifteen (15) percent of alcoholic beverage gross income (from whatever source including but not limited to special events and vending operations) per month payable in arrears on the fifth day of each month. If the fifth day of the month is a Saturday, Sunday or a holiday recognized by the County, then on the next business day. After the 5' of the month, a late fee of $50.00 per day will be assessed. The monthly rent payment shall be accompanied by a monthly report of daily receipts in a form similar to the report attached to this lease as Exhibit "B". Daily dated cash register tapes or copies thereof shall be attached to the monthly reconciliation report or retained by Concessionaire for a period of three (3) years and made available for examination to the County upon 24-hour request. The parties agree to make best efforts to connect all transactions contemplated by this Agreement into any "point of sale" system utilized by the County in the Pro Shop and Golf operations. 4. Length of Lease. The Agreement shall be for an original fixed term of five (5) years from the date of execution subject to early termination pursuant to its term, and thereafter renewable for successive one (1) year terms for a maximum term of ten (10) years. However, the County may extend or renew this Agreement with Concessionaire if deemed to be in the best interest of Indian River County. Renewal of the mutually agreeable terms and conditions shall be completed sixty (60) days prior to each Agreement period. 5. Security Deposit. Concessionaire shall pay a security deposit to the County in the amount of $1,000.00. The security deposit is refundable upon termination of this Agreement after satisfactory inspection of the leased premises by County. 6. Use of Leased Premises. During the term of this Agreement, Concessionaire shall use the leased premises for operation of a food concession and banquet facility, etc. Concessionaire 2 61 shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. Concessionaire may use the leased premises only for Golf Course events and not for any other purpose without prior permission. 7. Business Interruptions. If the golf course is closed due to hurricane or natural disaster, Concessionaire shall receive a credit on its rental payment for each day that the course is closed. The amount of the credit will be based on the daily receipts of the previous week. 8. Utilities, Tables and Beverage Cart. County will provide electrical service, water and sewer services for the leased premises. The County will furnish seating and tables for patrons. County will furnish at least 1 Beverage Cart for use by Concessionaire to sell food, snacks and drinks to golfing patrons at a minimum of 2 days a week. 7. Assignment and Subletting. Concessionaire shall not assign this Agreement or any part thereof to any other person, firm or entity without the County's written permission. Any attempted assignment of the Agreement shall be void and may, at the sole option of the County, be deemed an event of default under the lease. 8. Prohibition on Encumbrances. Concessionaire shall not mortgage, pledge, or encumber the Agreement, in whole or in part, or the leasehold estate granted under the Agreement, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the Agreement. This covenant shall be binding on Concessionaire's successors in interest. 9. Employees Hired by Concessionaire. All Concessionaire's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. Information regarding an employee's experience and qualifications shall also be furnished to County prior to hiring. 10. Complaints Concerning Operations. The County or its representative may submit a written report to Concessionaire enumerating problem areas encountered. Concessionaire will provide written documentation of action to be taken to resolve problems. 11. Termination of Contract. The County reserves the right to terminate this agreement at any time upon a finding of just cause that the Concessionaire has violated the terms of this Agreement which may be appealed to the Board of County Commission upon receipt of written notice from the Concessionaire within 10 days after the postmarked date of mailing a written notice of termination from the County. 12. Bankruptcy. If Concessionaire is adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filled and the County may proceed to provide service as previously outlined. 13. Right to Inspect. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 3 62 SECTION II - FOOD CONCESSION OPERATION 1. Services. During the Term of this Agreement, Concessionaire agrees to provide to County the services, including all labor, materials, and supplies required to perform such services, described in the RFP Number 2015024 and Concessionaire's Response to RFP Number 2015024 incorporated by reference herein subject to the specific terms and conditions of this Agreement. 2. Equipment. The County will provide the current equipment for use by the Concessionaire until they need to be replaced. See Exhibit C for a list and life expectancy of the current equipment. Concessionaire shall be responsible for the maintenance of all equipment and for its replacement. Concessionaire shall be responsible for all food preparation equipment needed to operate the facility including but not limited to coolers, sinks, refrigerators, sandwich preparation station, ice machines, etc. This equipment shall include any safety or fire prevention equipment necessary for proper operation. Concessionaire shall furnish all equipment, food, service products, labor and supervision necessary to maintain a food service in an efficient operation. Outside ventilation is not provided. No cooking equipment that requires ventilation such as fryers or grills will be permitted inside the building but such equipment may be used outside of the building. 3. Tournaments and Special Events. Sandridge Golf Club hosts approximately 40 tournaments and special events ("special events") annually. Often times the special events call for breakfast, lunch and/or dinners to be offered to the special event sponsor. The Management of Sandridge Golf Club reserves the exclusive right to offer Concessionaire the opportunity to provide food and beverage services for each special event held at Sandridge Golf Club. Some conditions may be unique to each event and subject to terms mutually agreed upon by Sandridge and Concessionaire. Should the parties fail to reach mutually acceptable terms on any special event, Sandridge may seek an alternate vendor to provide food and beverage services for that special event. Under this election, Sandridge reserves the right to utilize the seating area of the leased premises excluding the use of any equipment owned by the Concessionaire. The election by Sandridge to utilize an alternate vendor for any given special event shall not affect the Concessionaire's right of first refusal to provide food and beverage services at any future special event. Nothing herein shall prohibit Sandridge from providing or accepting donations of food and beverage items for the benefit of any Special Event or Tournament. a. The County will coordinate with Concessionaire to develop a variety of meal and snack menu choices with per person pricing that can be offered to the special event sponsor. Golf Club management will work with the special event sponsor to work out details in reference to beverage distribution and food service for the special event. Sandridge staff will provide Concessionaire with the menu selection and a good faith estimate of the number of meals to be served seven (7) days in advance of the special event. This figure will be updated throughout the week preceding the event, and the final number of meals will be conveyed to Concessionaire on the morning of the special event. The final number of meals will determine the amount Concessionaire will be paid for the special event. 4 63 b. Special event sponsors shall be permitted to offer nominal food and beverage items (such as bottled water, fruit and snacks) to special event participants. Concessionaire shall not be required to assist in distribution of the nominal items. c. The County also reserves the right to use the seating area at no charge for periodic employee meetings and seminars that are deemed to be in the best interest of the County. 4. Daily Menu. At a minimum, Concessionaire shall furnish the following recommended minimum merchandise or other similar type of services for the needs and convenience of the employees and general public at the Sandridge Golf Club. m Food capable of being cooked on a propane gas grill such as hamburgers, chicken and BBQ; delicatessen style sandwiches, hot dogs, chips, candy, soups, salads, donuts, condiments, bagels and other miscellaneous food products. • Beverages (Coke and/or Pepsi, coffee, soft drinks, etc.). • Vending machines for cold beverages and miscellaneous snacks shall be furnished, serviced and maintained. These machines will be located with the approval of the Manager of Golf Operations. A sample menu and price schedule are attached to this agreement. Changes to the menu and price schedule shall be made with the consent of the Golf Course Director, which shall not be unreasonably withheld. 5. Sale of Alcoholic Beverages. Concessionaire may sell alcoholic beverages by obtaining and maintaining its own 4COP liquor license. The terms of this license mandate that 51% of the concessions sold consists of food and there is a minimum seating capacity of 150 persons. Concessionaire shall be responsible for the annual liquor license renewal fee. Concessionaire will sell all alcoholic beverages in strict accordance with the laws of the State of Florida and in strict accordance with all guidelines set forth by the County. Violation of this part of the Agreement shall be cause for immediate termination of this Agreement A. Concessionaire must provide Alcohol Compliance Training in accordance with the Florida Responsible Vendor Act (F.S. 561.701-706) using services to train employees on the Beverage Laws of the State of Florida. B. Concessionaire will be required to pay all taxes and timely remit any reports or paperwork associated with the sale of alcoholic beverages. Concessionaire shall maintain accurate records relating to the sale of alcoholic beverages. 6. Hours of Operation. Concessionaire shall operate the concession stand at a minimum from 6:45 am to 5:30 pm each day of the year except for Christmas Day. The Director of Golf or Manager of Golf Operations may require a change in days and hours of operation if such a change is desirable in providing the best service to the public. 7. Operation during Emergency. During any federally, State, or locally declared emergency or disaster, the County reserves the right to have the full and exclusive use of the 5 64 Leased Premises for as long as reasonably necessary as the County, in its sole discretion, shall determine, for any appropriate governmental purposes in connection with such Emergency. Concessionaire shall pay no rent during said period. Concessionaire understands that the County has response and recovery obligations before, during and in the immediate aftermath of an Emergency, and that providing for part of the County's food and beverage needs shall be the top business priority of Concessionaire during the Emergency. At the County's request, Concessionaire shall cooperate with the County in Emergency food and beverage planning and shall be open for business during the hours that the County requires in connection with any Emergency to provide food and beverage service, even if the hours required are different from the hours stated otherwise in this agreement. In the event of an Emergency, the County and Concessionaire will mutually agree on the terms, conditions and payment for Concessionaire's service to County. 8. Improvements. On or before October 31, 2015, Concessionaire shall make at a minimum $20,000.00 worth of improvements (not including maintenance and upkeep) to the leased premises. Concessionaire agrees that all improvements and any changes made to the facility shall be at its sole expense and must have the prior approval of the Manager of Golf Operations or his representative. Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of government. 9. Occupational and Other Taxes. Concessionaire shall have a current business tax receipt for each year of the lease term and pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this agreement. 10. Compliance with Laws. Concessionaire shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the concession. 11. Public Relations. Concessionaire shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area. 12. Garbage and Disposal. Concessionaire shall comply with the standards of franchise garbage and disposal collection specifications. 13. Personal Property. Any and all personal property placed on the premises by the Concessionaire or her employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever. 14. Appearance of Employees. All of Concessionaire's service employees must be dressed in uniform fashion while on duty. The uniforms must be approved by the County in advance. These employees must always be neat in appearance and present themselves in a manner that is pleasing to the public. They must also abide by all of the standards set forth by the State of Florida for Food Preparation and Service. 6 65 SECTION III - INSURANCE 1. Indemnification and Insurance. Concessionaire shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by the County. Concessionaire will purchase and maintain such insurance as follows: A. Workers' Compensation Insurance: Concessionaire shall procure and maintain workers' compensation insurance to the extent required by law for all her employees to be engaged in work under this agreement. In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers' compensation statute, the Concessionaire shall provide adequate coverage for the protection of such employees. B. Public Liability Insurance: Concessionaire shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed. C. Commercial General Liability (other than automobile) i) Premises/Operations ii) Independent Contractors iii) Products/Completed Operations iv) Personal Injury v) Contractual Liability vi) Liquor Liability D. Business Auto Liability i) Owned/Leased Automobiles ii) Non -Owned Automobiles iii) Hired Automobiles $500,000 combined single limit for bodily injury and property damage $1,000,000 $500,000 combined single limit for bodily injury and property damage 2. Proof of Insurance. Concessionaire shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Concessionaire must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. 3. General Requirements of Insurance. Any deductibles or self insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Concessionaire. Concessionaire's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A - VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department within ten days of execution of this Contract. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian 7 66 River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. A. Concessionaire hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the Concessionaire or Concessionaire's Representatives in the performance of services under this agreement and for which Concessionaire is legally liable. 2. Insurance Requirements for County. Concessionaire acknowledges that County is a political subdivision of the State of Florida and as such, is entitled to certain protection from liability under Florida law. To the extent allowed by law, the County hereby agrees to indemnify Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY in the performance of the services under this agreement and for which County is legally liable. Additionally, the County hereby states that its improvements are adequately insured against loss whether through self insurance or excess coverage. 3. Indemnification of County. Concessionaire shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent act or omission of Concessionaire, her agents or employees in connection with the operation of the food service concession. 4. Notice of Claims. County and Concessionaire shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this agreement. SECTION IV - COUNTY RESPONSIBILITIES 1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be responsible for providing safe and adequate facilities required by Concessionaire to perform the Services under this Agreement. These facilities shall include, without limitation, workspace and other facilities that adhere to current federal and state safety standards. County shall cooperate at all times with Concessionaire to provide a safe and adequate work environment for Concessionaire's employees and others who work on or around the Course. Concessionaire has inspected County's facilities and agrees that they are adequate facilities needed to perform the services under this agreement and the facilities adhere to current federal and state safety standards. 2. Emergency Maintenance. At any time during this agreement, if the County determines that any portion of the golf club house is in immediate jeopardy of sustaining some type of serious harm due to a maintenance failure of Concessionaire, the County may utilize its own work force to go on the leased premises and perform such tasks as are necessary to prevent such 8 67 serious harm from taking place. The costs of such preventative maintenance shall be itemized by the County and submitted to Concessionaire, which shall be paid within thirty days. SECTION V - DEFAULT, REMEDIES 1. Default by Concessionaire. In the event Concessionaire is in default under the terms of this Agreement, after thirty (30) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Concessionaire may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. SECTION VI - MISCELLANEOUS 1. Any written consent, approval or instruction issued by County's representation identified in Recital C of this Agreement shall be binding to the same extent as if given by County. County may change the designated County's representative by written notice to Concessionaire. 2. In connection with this Agreement, the parties agree to cooperate in good faith and to perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 3. This Agreement, together with the Exhibits and Response to Request for Proposal constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Concessionaire by their respective duly authorized representatives. 4. Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Concessionaire wish to change its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address. 5. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency relationship between the parties. Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shall not be construed more strongly against either party, regardless of which party is responsible for its drafting. 6. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no 9 68 waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 7. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County Florida. 8. In the event of acts or occurrences not caused by County or beyond the control of Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms, severe, unusual or unseasonable weather or climatological changes that prevents Concessionaire from performing its duties under this agreement, Concessionaire shall be excused from the performance under this Agreement during the period of such acts or occurrences and for reasonable times thereafter, unless Concessionaire and County can agree on such other duties that can be performed by Concessionaire. If Concessionaire is unable to perform its duties under this agreement for more than 15 consecutive days due to the acts or occurrences, County may terminate this agreement. 9. In the event of the sale or other transfer of control over the Course, County will assign this Agreement to the purchaser or transferee, and upon such assignment and the written assumptions by the purchaser of all the obligations of County to Concessionaire hereunder, County shall be fully released and relieved of all obligations hereunder arising from and after the date of the assignment. 10. Concessionaire shall be responsible for obtaining, and shall pay for, any such permits, fees, and licenses required to operate all business contemplated by this Agreement. 11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts pertaining to work performed under this Agreement, including property, personnel, and financial records, as are deemed necessary by the County to insure proper accounting for all funds expended under this Agreement and in such a manner as will readily conform to the terms of this Agreement. Said records and materials shall be available, upon request for audit or inspection purposes to Indian River County, its authorized representatives, and its auditors at Concessionaire's office at all reasonable times during the term of this Agreement, and for three (3) years from the date of final payment. 12. Concessionaire agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. 13. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Concessionaire to the County is that of independent contractor, and not that of employee. 14. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not 10 69 affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. REMAINDER OF PAGE LEFT BLANK 11 70 In witness, the County and Concessionaire have caused these presents to be executed in their names the year first written above. Concessionaire WITNESS: WITNESS: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY:�f--—�-- Catering, Inc. Wesley S. Davis, Chairman President Board of County Commissioners Approved as to form and legal sufficien A, f l William K. De raal V Deputy County Attorney Approved by the BCC: March 10, 2015 TTEST: Jeffrey R. Smith, Clerk of Cou>(land 0 Clerk of APPROVED: 12 71 •c EXHIBIT A C L M:xo 72 EXHIBIT B - (Page 1 of 3) u v U E O z a� Y C) u Q u cc 0 H H Ln J 0 s o a t a o Ln a N o � t m x O N i -- _u Q N O �O Q N p kD N to d p O a OR LA J tOi U O z > COi I o� O W a�=-C��, oho>m LL < N co N °oo oz LL = O; Q o O N N 0 O �- LL ,Fu-� 1-0 � uf0i N v� vNi QJ � Z aNi 41 O 0-01 X I-- aN tp N cu m N N Ln m NLn 10 C7 O O I a@ N QJ 4.1 f6 C Q) > EXHIBIT B - (Page 2 of 3) L U � cu L E U Z ci _ x O F- 0 Ln O O Ln h 0 N o � L � X O i Q N O N y� t N G1 O 76 L (d Q d Nv o m LL z o t-� R to -0-C a o O 0 zQ Im m Ln i N o 0 o p 4- p Z 9 LL Q � L. co N N N Z +@+ (n ci of -4 F- X X N m N N O N _N ~ v J cs N t/1 N v vi m o `n 4A C7 o �° v 0 2 C a > L EXHIBIT B - (Page 3 of 3) V � E t = U Z Nd � � U FO- 'C U - o _ _ Ln O O C N O O V} J Q Q _ N O � C flf X O V1 fG a Vf Q Y. Q = N O V m V) Z oa 70 41 d a Q o C;6V C) o Q > C 4) O .7 J U- Z O m LL QL s a y Z Q n �n z LL to cz Q ° Z ° o °o LL Q CJ m H a.+ +�+ X Zy F- ui }' O fC N J F- @ X v FO- ?' J m N y 41 m v1 O N U LA LA O is to l7 0 W Lu a LIST OF CURRENT EQUIPMENT IN SNACK BAR AT SANDRIDGE GOLF CLUB EQUIPMENT TO BE MAINTAINED BY CONCESSIONAIRE NAME OF EQUIPMENT DATE PURCHASED ASSET # Beer Dispenser 11/30/2004 22237 Hobart 161 Meat Slicer 9/16/1987 9362 Sandwich Prep Table 2/5/2007 23645 EQUIPMENT PROVIDED BY COCA-COLA Two (2) Refrigerated Beverage Coolers Fountain Soda Machine Fountain Soda Gun Ice Bin EQUIPMENT TO BE OWNED AND MAINTAINED BY COUNTY Ice -O -Matic Ice Machine 8/16/2012 WALK-IN COOLER 01/2015 26525 ml ASSUMPTION AND JOINDER TO AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS ASSUMPTION AND JOINDER to Agreement for Food Concession Services and Lease is entered into this 1 ;, day of December, 2017, by and between Bottom's Up Beverage of Florida, LLC, a Florida Limited Liability Company, 857 South Kings Highway, Ft. Pierce, FL 34945 (Bottom's Up); and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 (the "Course") which includes a 1,705 square foot food service facility operated within the Sandridge Golf Club clubhouse; and WHEREAS, the County and Di'Michelli's Catering, Inc., (Di'Michelli's) entered into an Agreement for Food Concession Services and Lease (Agreement) dated March 10, 2015 to operate the food service facility. The Agreement is in full force and effect and will expire on April 1, 2020, but may be renewed for five additional one year periods; and WHEREAS, Bottom's Up Beverage of Florida, LLC, (Bottom's Up) is owned by the same entity and operated by the same officer as De'Michelli's Catering, Inc., and WHEREAS, Bottom's Up is desirous to assume and join in the Agreement as a fully responsible co -tenant; and WHEREAS, having Bottom's Up as a party on the Agreement will provide for easier banking and financial operations for Di'Michelli's; and WHEREAS, it is the intent of the County and Di'Michelli's that Bottom's Up be added as a party and co -tenant to the Agreement, joining in on all benefits and liabilities of the Agreement; and WHEREAS, Bottom's Up contact information regarding this Assumption and Joinder is: FOR COUNTY: Indian River County 180127"' Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FOR BOTTOM'S UP: Bottom's Up Beverage of Florida, LLC 857 South Kings Highway Ft. Pierce, FL 34945 TELEPHONE: (772) 528-8095 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound agree as follows: 77 1. Background Facts. The above Background Facts are true and correct are incorporated herein by this reference. 2. Assumption and Joinder. Bottom's Up hereby assumes and joins in on each and every term and condition of the Agreement dated March 10, 2015. 3. Payments. From the date of this Agreement, the County shall remit all payments under the Agreement made payable to: Bottom's Up Beverage of Florida, LLC 857 South Kings Highway Fort Pierce, FL 34945 The County, Di'Michelli and Bottom's Up have caused these presents to be executed in their names the year and day first written above. For Di'Michelli's: (Ju ann Petticrew, President i'Michelli's Catering, Inc. For Bottoms Up: 4ann Petticrew, President m's Up Beverage of Florida, LLC Approved as to form and egal sffi suciency r6�4kl, William K. DeBraal Deputy County Attorney twill r r c01•, BOARD OF COUNTY COMMISSIONF�Ii;W.. .!�," ; INDIAN RIVER COUNTY, FLORID' •' �' ' ?1BY: Peter D. O'Bryan, Chai an '.9co• •"�`` -h Board of County Commissioners ••.....••••' Approved by the BCC: 12/12/2017 ATTEST: Jeffrey R. Smith, Clerk of Court and omptroller BY: V 7� ib Deputy Clerk of Court 2 APPROVED: n RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DPMICHELLPS CATERING, INC. This Renewal of Agreement for Food Concession -Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this _ day of March, 2020 (`Effective Date"), by and between Indian River County ("County"), whose address is 1801 27`x' Street, Building A, Vero Beach, FL, 32960, and Di'Michell's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced, on April 1, 2015; and WHEREAS, the Agreement is set to terminate on March 31, 2020; and WHEREAS, the Agreement can be renewed for successive one year terms for a maximum of ten years; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2021, under the terms as set forth in the Agreement; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The Agreement is renewed until March 31, 2021, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. 1 79 CONCESSIONAIRE uli�' s Catering, Inc. tticrew, President WITNESS: WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: M)&VJ//b 41 Deput Clerk Approved as to form and legal sufficiency: By:� Dylan Reingold, County Attorney 2 BOARD OF COUNTY COMMISSI,£ INDIAN RIVER COUNTY /M By: SusNi Adams, Chairman' `• Bop;A of County Commissioners Approved by the BCC: March 3, 2020 APPROV IN Ja�bn E.IBrown, Administrator RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. This Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this 2nd day of March, 2021 ("Effective Date"), by and between Indian River County ("County"), whose address is 1801 27'h Street, Building A, Vero Beach, FL, 32960, and Di'Michelli's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced on April 1, 2015; and WHEREAS, on December 12, 2017, an Assumption and Joinder to Agreement for Food Concession Services and Lease at Sandridge Golf Club was entered into; and WHEREAS, the Agreement was renewed for a one-year term commencing on April 1, 2020 until March 31, 2021; and WHEREAS, the Agreement can be renewed for successive one year terms for a maximum of ten years; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2022, under the terms as set forth in the Agreement; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The Agreement is renewed until March 31, 2022, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. 1 F.If CONCESSIONAIRE Di' i is Catering, Inc. Jul nn Petticrew, President Af A J)" irzt LL v'Il_ ott m p Beverage of Florida, LLC Ju ' nn Petticrew, President WITNESS: WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Circuit Co rt and Comptroller By: (� Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold, County Attorney .,. 014TYC BOARD OF COUNTY COMMiSSIONS INDIAN RIVER CO TY - m, Bv: ..� Joseph E. Flescher, Chairmit,�ir;Y'�y`� Board of County Commissioners *— Approved by the BCC: March 2, 2021 APPROVED - .0 inistrator RN RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. This Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this day of March, 2022 ("Effective Date"), by and between Indian River County ("County"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960, and Di'Michelli's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced on April 1, 2015; and WHEREAS, on December 12, 2017, an Assumption and Joinder to Agreement for Food Concession Services and Lease at Sandridge Golf Club was entered into; and WHEREAS, the Agreement was renewed for a one-year term commencing on April 1, 2020 until March 31, 2021; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2021, which ends on March 31, 2022; and WHEREAS, the Agreement can be renewed for successive one-year terms for a maximum of ten years; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2023, under the terms as set forth in the Agreement; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The Agreement is renewed until March 31, 2023, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. 1 IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. CONCESSIONAIRE Di'Michelli's Catering, Inc. Juliann Petticrew, President Bottom's Up Beverage of Florida, LLC Juliann Petticrew, President "f Me ,$3. WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller U80 Deputy Clerk Approved as to form and legal sufficiency: L-12 Dylan Reingold, County Attorney 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY Peter D O'Bryan, Chairman Board of County Commissioners Approved by the BCC: APPROVED: By: Jason E. Brown, County Administrator 84 INDIAN RIVER COUNTY, FLORIDA 73' MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Release of Retainage and Change Order No. 1 58th Avenue (From North of 57th Street to 85th Street/CR510) Full Depth Reclamation Project, FM No. 436416-1-54-01, IRC -1325 DATE: January 21, 2022 DESCRIPTION AND CONDITIONS On June 9, 2020 the Board of County Commissioners awarded Bid No. 2020021 Timothy Rose Contracting, Inc. for the reconstruction of 58th Avenue (from north of 57th Street to 85th Street/CR510) in the amount of $7,330,842.90. Change Order No.1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $999,435.51 for a final cost of $6,331,407.39 and makes final contract time adjustments. Timothy Rose Contracting, Inc. has successfully completed the project and has been paid $6,014,836.98 with $316,570.41 held in retainage to date. Timothy Rose Contracting, Inc. has submitted Contractor's Application for Payment No. 1325-9 for final payment including release of retainage in the total amount of $316,570.41. FUNDING Funding for the final payment, including release of retainage, in the amount of $316,570.41 is available in the following accounts: Optional Sales Tax Account No. 315-206000-16023 58th Avenue Resurfacing (57th Street to $192,425.36 CR510)/Retainage/Timothy Rose Contracting Traffic Impact Fees/District 1 Account No. 104-206000-16023 58th Ave Reclamation (57th — CR510) $95,551.50 Retainage/Timothy Rose Contracting Utilities/Retainage/Timothy Rose Contracting Account No. 471-206000-18525 58th Avenue & 69th Street Water Main $28,593.55 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1325-9 in the amount of $316,570.41 for release of retainage. Once final release of liens from all Timothy Rose Contracting, Inc. suppliers and subcontractors have been received, reviewed and approved, final payment will be processed. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 1325-9 Change Order No. 1 APPROVED AGENDA ITEM FOR FEBRUARY 15, 2022 RI SECTION 00942 - Change Order Form DATE OF ISSUANCE: 1/21/2022 No. 1 EFFECTIVE DATE: 2/15/2022 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting, Inc. Project: 58LHAVENUE (FROM NORTH OF 57LH- STREET TO 85LH- STREET) FULL DEPTH RECLAMATION OWNER's Project No. IRC -1325 FM No: 436416-1-54-01 OWNER'S Bid No. 2020021 You are directed to make the following changes in the Contract Documents Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachment: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $7,330,842.90 Net decrease of this Change Order: $(999,435.51) Contract Price with all approved Change Orders: $6,331,407.39 ACCEPTED: By: Timothy Rose Contracting, Inc CONTRACTOR (Signature) CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 365 Final Completion: 395 Net increase of this Change Order: (days) Substantial Completion: 96 Final Completion: 96 Contract Time with all approved Change Orders: (days) Substantial Completion: 461 Final Completion: 1 491 RECOMMENDED: By: Robert S. Skok, Infrastructure Project Manager ENGINEER (Signature) APPROVED: By: Richard B. Szpyrka, Public Works Director OWNER (Signature) CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 58TH AVENUE (FROM NORTH OF 57TH STREET TO 85TH STREETICR510) PROJECT NO. IRC -1325 BID NO. 2020021 WCD U-02 WCD-11 DEFLECTION 6" FUKI:t rvwiry t� o CAMERA&CABLE LS 1 -- 11686.75 --- -- 11686.75 WCD-12 QUANTITY ADJUSTMENTS LS 1.00 309.98 309.98 0999-25 FORCE ACCOUNT LS 1 631786.00 631786.00 U-0999-25 WATER MAIN FORCE ACCOUNT LS 1 67 313.77 67 313.77 283-71 1 RECLAIMED ASPHALT BASE SY 0.001 1 7.81 0.008 SUBTOTALS 535 168.74 1,534,604.25 58TH AVENUE (FROM NORTH OF 57TH STREET TO 85TH STREET/CR510) TOTAL $ 999,435.51) • v L rw�aw won.�acwemwc gv�swu aaaecrs»r sem•w�.. P7bsoca s+ORaanrimwnmM�oemmW.w a�.w�pacm.�.rt+na»n_coi zcnoz�s r,0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Renewal of Lease Agreement 2601 51St Avenue, Vero Beach, FL 32966 Tenant: Ember Pappas DATE: January 31, 2022 DESCRIPTION AND CONDITIONS The County purchased the 0.27 acre parcel located at 2601 51St Avenue, Vero Beach, FL from Theodore Bartosiewicz on January 21, 2020. The purchase is an advanced acquisition of Right -of -Way for the 26' Street project. The County assumed the lease with tenants, Nick & Ember Pappas. The current lease agreement expires on March 1, 2022. The current rent is $600.00 per month. Mr. and Mrs. Pappas have separated and are no longer living together. Ember Pappas continues to have difficulty finding an affordable apartment to rent during the pandemic. The 26th Street project currently does not have a commencement date. Staff would like to extend the lease agreement for (6) six months terminating on September 1, 2022. Ms. Pappas has obtained renters insurance through Progressive Insurance. FUNDING Lease payments received over the six month period totaling $3,600.00 will be deposited into the General Fund/Rents & Royalties account 001038-362010. RECOMMENDATION Staff recommends the Board approve the Renewal of Lease Agreement for the property located at 2601 51ST Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the Renewal of Lease Agreement on behalf of the Board. ATTACHMENTS Renewal of Lease Agreement APPROVED AGENDA ITEM FOR: February 1 RENEWAL OF LEASE AGREEMENT This lease renewal entered into this day of , 2022, by the Board of County Commissioners of Indian River County, Florida, "Landlord" and Ember Pappas "Tenant" do hereby agree to renew the Lease Agreement dated March 17th, 2020. The renewal term of the lease is for (6) six months. The term commences on March 1, 2022 and terminates on September 1, 2022. The total rent of ($3,600.00) Three Thousand Six Hundred Dollars is payable at the rate of $600.00 per month payable in advance. IN WITNESS WHEREOF, Landlord and Tenant have executed this renewal agreement to Lease effective the Commencement Date of March 1, 2022. Landlord: Tenant: Board of County Commissioners of Indian River County, Florida Bv: Peter D. O'Bryan, Chairman Approved by BCC (Signature) Ember Pappas Date Witness: Attest: (Signature) Date Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency Az William K. DeBraal Deputy County Attorney EM bL INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Indian River County Stormwater Needs Analysis, Jones Edmunds & Associates, Inc. Work Order No. 2 DATE: February 1, 2022 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with Jones Edmunds & Associates, Inc. (JEA) for professional water resource engineering support services. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This contract was renewed on May 18, 2021 for the two (2) year extension Indian River County is seeking to enlist the professional services of JEA to assist the County in preparing a 20 -year needs analysis of the County's Stormwater Management Program in support of recently enacted legislation. In the 2021 legislative session, Governor Ron DeSantis signed House Bill 53 (HB53) into law. HB53, titled as Public Works, requires the County to submit program and project specific information related to the County's stormwater program to the Florida Department of Environmental Protection (FDEP) and to the Office of Economic and Demographic Research (EDR) by July 31, 2022. In addition to this requirement, the County is also to compile the same needs analyses information submitted by the municipalities within the County (Fellsmere, Indian River Shores, Orchid, Sebastian and Vero Beach) and include with the County's submittal. Please note that the individual municipality submittals are due to the County no later than June 30, 2022. Under Workorder No. 2, JEA will assist the County in fulfilling the County's Stormwater Program requirements identified in HB53. This includes collecting general information on the County's stormwater program; preparing a summary of program/project funding, summaries of the County's stormwater assets and the operation and maintenance performed on them, future expansion projects, future resiliency projects and projected replacement projects. JEA will work with the County to collect information listed above and incorporate that information, together with the information submitted by the municipalities within the County, to create the County- wide stormwater needs analysis for submittal to the FDEP and EDR. The cost for Work Order No. 2 is for a time and expense basis not to exceed $35,487.00. The anticipated completion date for a draft version County's stormwater needs analysis is 16 weeks after execution of the workorder, with the final stormwater needs analysis being provided to the County 20 weeks after Workorder execution. The individual municipalities and other entities M within the County are required to prepare their information as required under HB53 and provide to the County in the approved format by their June 30, 2022 deadline. The final report issued to FDEP and EDR by the County will consist of the County's HB53 required elements, as well as incorporate into the submittal information received by the County from the municipalities by the June 30th deadline, although the County will not be assuming any responsibility for the data collected and submitted by those entities. FUNDING Funding for professional water resource engineering support services is budgeted and available in Transportation Fund/Stormwater/Other Contractual Services, Account No. 11128138-033490. Account Name Account No. Amount Stormwater-Other Contractual Services 11128138-033490 $35,487.00 RECOMMENDATION Staff recommends the BCC approve Jones Edmunds & Associates, Inc. Work Order No. 2 in the amount of $35,487.00 for professional water resource engineering support services associated with supporting County staff in meeting the data collection and reporting requirements found in House Bill 53 (Stormwater Needs Analysis). In addition, staff recommends that the Board authorize the Chairman to execute Work Order No. 2. ATTACHMENT 1. Jones Edmunds & Associates, Inc. Work Order No. 2 2. Work Order #2 execution form APPROVED AGENDA ITEM FOR: FEBRUARY 15, 2022 92 JonesEdmundsl Integrity * Knowledge • Service February 7, 2022 Eric Charest echarest0)ircgov.com Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street Vero Beach, FL 32960 RE: Work Order for HB 53 Stormwater Needs Analysis Continuing Engineering Services Agreement (Amendment No.1) Jones Edmunds Opportunity No. 95479-024-22 Dear Mr. Charest: In the 2021 Legislative session, the Florida Legislature passed HB 53, which is titled Public Works. The bill was later signed into law by Governor DeSantis. One of the requirements of HB 53 is to provide a 20 -year needs analysis of Indian River County's (COUNTY) stormwater management program. There is a further requirement for the COUNTY to compile the same information for municipalities and applicable dependent special districts in the COUNTY. We understand that the COUNTY includes the municipalities of Fellsmere, Indian River Shores, Orchid, Sebastian, and Vero Beach. For the first cycle of reports, local governments and applicable dependent special districts must submit their reports to Indian COUNTY by June 30, 2022, and the COUNTY must compile them along with their own report and submit them to the Office of Economic and Demographic Research (EDR) and the Secretary of the Department of Environmental Protection by July 31, 2022. The Needs Analysis consists of general information on the COUNTY's stormwater program, a summary of program/project funding, summaries of the COUNTY's assets and the operation and maintenance performed on them, future expansion projects (i.e., capital improvement projects), future resiliency projects, and projected replacement projects. The purpose of this Work Order is to assist the COUNTY with preparing the Stormwater Needs Analysis. This Work Order will be completed in accordance with the Agreement for Continuing Engineering Services between Jones Edmunds ,& Associates, Inc. (CONSULTANT) and Indian River County (COUNTY) dated April 17, 2018, as renewed by Amendment No. 1 expiring April 16, 2023 (Agreement). Jones Edmunds has included Drummond Carpenter as a subconsultant to assist with completing the project. Drummond Carpenter staff are currently working with CONSULTANT on similar assignments. DC is a highly qualified firm who also is a certified Service -Disabled Veteran -Owned Small Business (SDVOSB). 800.237.1053 1 JONESEDMUMS.COM Eric Charest February 7, 2022 Page 2 SCOPE OF WORK TASK 1 — PROJECT MANAGEMENT, MEETINGS, AND COMMUNICATIONS CONSULTANT will be involved in project management with the COUNTY throughout the project. Project management will include planning, coordination, communications, accounting, and general reporting. In addition, CONSULTANT proposes meetings as follows: We will attend a Kickoff Meeting with the COUNTY. The Kickoff Meeting will address the following items: ■ Identify the roles and responsibilities for CONSULTANT and the COUNTY personnel. ■ Discuss available data. ■ Review the project schedule. ■ Discuss deliverables. CONSULTANT will attend up to two additional meeting with the COUNTY. CONSULTANT will communicate with the COUNTY via telephone, email, and written correspondence on a regular and on-going basis. Deliverables: Project management reports; Meeting minutes in .pdf format. TASK 2 — DATA COLLECTION AND GAP ANALYSIS The COUNTY will provide CONSULTANT with applicable COUNTY data on future projects, COUNTY stormwater assets, ongoing operation and maintenance, and planned replacement projects. CONSULTANT will compile and evaluate these data and provide the COUNTY with a gap analysis for what additional data may be needed or necessary to complete the Needs Analysis and proposed methods for making the estimates. Deliverables: Data gap analysis technical memorandum in .pdf format. TASK 3 — ADDITIONAL DATA COLLECTION AND ESTIMATES If necessary, from Task 2, the COUNTY will provide CONSULTANT with additional applicable COUNTY data. CONSULTANT will compile the additional data and provide a summary of estimates. Deliverables: Task 3 technical memorandum in .pdf format. ;. Eric Charest February 7, 2022 Page 3 TASK 4 — DRAFT COUNTY -ONLY NEEDS ANALYSIS CONSULTANT will use the data from Tasks 1 through 3 to create the initial -draft COUNTY - only Stormwater Needs Analysis. We will use the EDR Stormwater Needs Analysis Workbook as a tool. We will submit the draft workbook to the COUNTY for review. Based on the COUNTY's comments, CONSULTANT will update the "initial -draft" to "draft" Stormwater Needs Analysis prior to receiving input from the municipalities. Deliverables: Initial -draft and updated draft Stormwater Needs Analyses in .xlsx format. TASK 5 — FINAL NEEDS ANALYSIS — STORMWATER CONSULTANT will incorporate the data provided by the municipalities into a draft County- wide Needs Analysis. Based on the COUNTY's comments, CONSULTANT will provide a final County -wide Needs Analysis for the COUNTY's submittal to EDR and the Secretary. Deliverables: Initial draft and updated draft Needs Analyses in .xlsx format. SCHEDULE The proposed project milestone schedule is provided in the table below. Task Weeks from Notice to Proceed Task 1 - Project Management, Meetings, and Communications 2 Task 2 - Data Collection and Gap Analysis 8 Task 3 - Additional Data Collection and Estimates 12 Task 4 - Draft County -Only Needs Analysis 16 Task 5 - Final Needs Analysis - Stormwater 20 Note: The proposed scheduled is based on 2 -week review periods by the COUNTY of project deliverables 95 Eric Charest February 7, 2022 Page 4 COMPENSATION We propose to provide the services in this Work Order on a time -and -expense basis in accordance with the terms of the Agreement for a fee not to exceed $ 35,487 as shown in below and detailed on the attached Man-hour and Fee Estimate Table. Indian River County I HB53 Stormwater Needs Analysis Man-hour and Fee Estimate Total Subconsultant Tasks Task Labor Fee Drummond Expenses Hours Carpenter Total 1 - PM 14 $ 2,561 $ - $ 2,561 1- Meetings (4 total; 2 in person) 26 $ 5,554 $ 200 $ 5,754 2 - Data Collection and Gap Analysis 29 $ 4,261 $ - $ 4,261 3 - Add. Data Collection and Estimates 25 $ 3,341 $ - $ 3,341 4 -Draft County -Only Analysis 27 $ 4,035 $ - $ 4,035 5 - Final Analysis - Stormwater 27 $ 4,035 $ - $ 4,035 Total Hrs and Fee 148 1 $ 23,787 11,500 $ 200 $ 35,487 If you have any questions or comments, please contact me at (561) 267-8535 or via email at blynch(&jonesedmunds.com. Sincerely, William H Lynch Digitally signed by William H Lynch Date: 2022.02.07 15:25:41 -05'00' William H. Lynch, PE Senior Consultant I Vice President 2240 Palm Beach Lakes Blvd, Suite 300, West Palm Beach, Florida 33409 Y:\08620-IndianRiverCounty\Opportunities\HB53 Assistance\IRC_HB 53 Stormwater Needs Analysis -22 01 28.docx Eric Charest February 7, 2022 Page 5 MIQIQIM H O O d o O � N N G d CL x v a v R w n eR LU A c0 Ln y m E c '' t v '' E o. m �pU tiM to n 7. SOLO Ln O Lfl In N M O O n C LO N m 7 r'l 7 7 M ¢ 9 N V J ftr art +n s3 4A yr Vt d d Z- H j C l0 In n m F M O ,-� N N N N N �••� p E _ > W) CC r v ` W O i Q N 00 LL '� .ti 7 002 O V Vf w v M C N _ 8 Co — O C E VI M�� 7 0 o Cr t N V1 0, C IA Q Q yr +sr 7 BE m O U h+ M d >_ (n Q rtv C V) 0 0 !� of o 0 a C7 -� 00 Co L O O CO O O O N N Veq LL ~ L � O M O N ti C '� N~ O Co 7 of Co VI O C W v y LI) r- V - m on N p Ill •O d H LO Co 10 N N N N N 0. 0O U +fr ssr r CCNA2018 WORK ORDER 2 Stormwater Needs Analysis Assistance This Work Order Number 2 is entered into as of this _day of , 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 for a three-year term, and renewed on May 18, 2021 for an additional two-year term (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jones Edmunds & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Jones Edmunds & Associates, Inc. By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney W• 1-167 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Future Paving of 8151 Street from 66th Avenue East Property Address: 6300 8151 Street, Vero Beach, FL 32967 Owner: CGV Investments, LLC DATE: February 7, 2022 DESCRIPTION AND CONDITIONS CGV Investments, LLC owns a 4.860 acre parcel of property located at 6300 8151 St, Vero Beach, FL 32967. Staff contacted Joe Paladin who represents CGV Investments, LLC to purchase 0.77 acres of the parcel. The subject property consists of a vacant single family zoned parcel located along the north side of 81St Street, between 58' Avenue and 66th Avenue. The property is zoned RS -3. Indian River County is purchasing the 0.77 acres for the future paving of 8151 Street from 66th Avenue east to the existing pavement section. The County obtained an appraisal and the appraised value is $38,600.00. Staff offered $40,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on the $40,000.00 purchase price, and the County paying all closing costs estimated at $700.00. FUNDING Account Name Account Number Amount Optional Sales Tax/Road & Bridge/ROW- 31521441-066120-22016 $40,700.00 811t St / Full Depth -66th Ave -East RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $40,000.00, with an estimated $700.00 in closing costs to be paid by the County for purchase of the 0.77 acres of the property located at 6300 811t Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: February 15, 2022 Z AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND CGV INVESTMENTS, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2022, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and CGV Investments, LLC, a Florida limited liability company ("the Seller) who agree as follows: WHEREAS, Seller owns a 4.860 acre parcel of unimproved land located at 6300 81 st Street, Vero Beach, Florida 32967. A legal description of the parcel is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the right-of-way for the future paving of 81St Street from 66th Avenue east to the existing pavement section; and WHEREAS, the County contacted the Seller to offer to purchase 0.77 acres of the parcel to be used as right-of-way for 81St Street as depicted on Exhibit "B", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals, The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, the 0.77 acre parcel of real property more specifically described in the legal description attached as Exhibit "B", attached and incorporated together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $40,000.00 (Forty Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 100 2.2 Paving Completion. The County agrees to pave the property within 36 months of the closing. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property for the County's intended use. The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 1 Assessment upon reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the property shall be returned to its original condition, ordinary wear and tear excepted. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 101 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes including non -ad valorem taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 102 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay all expenses at Closing; 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.1.4 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8.1.5 The estimated closing costs for this purchase transaction is $700.00. 9. Miscellaneous, 9.1 Controlling Law, This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 4 103 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: CGV Investments, LLC PO Box 812170 Boca Raton, FL 33481 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Richard B. SzPYrka, P. E. Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts, This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 104 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Date Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: CGV INVESTMENTS, LLC By Donald T. Cohen, Managing Member William K. DeBraal, Deputy County Attorney 11 105 EXHIBIT "A" Parcel ID Number: 31-39-32-00000-3000-00014.0 Commonly known as: 6300 818' Street, Vero Beach, FL 32967 The North 1/4 of the Southeast 1/4 of the Northwest 1/4; the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 and the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 32, Township 31 South, Range 39 East Indian River County, Florida. LESS and EXCEPT the north 50 feet thereof for Sebastian River Drainage District Canal R -13E, right-of-way per Deed Hook 32, Page 177, of the Public Records of Indian River County, Florida. and The South 1/2 of Southeast 1/4 of the Southeast 1/4, of the Northwest 1/4, Section 32, Township 31. South, Range 39 East, as recorded in the Public Records of Indian River County, Florida) LESS AND EXCEPT the lands conveyed to Indian River County an recorded in Official Records Book 1935, Page 1592. Subject to all easements, restrictions, rights-of-way and reservations of record. Said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same.) 106 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Work Order No. 7 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: February 4, 2022 BACKGROUND AND DESCRIPTION On October 10, 2017 the Indian River County Board of County Commissioners (Board) approved a continuing services contract with Ecological Associates Inc., (EAI) for environmental and biological support services for a two year term, through October 10, 2019. On October 15, 2019 and on October 5, 2021 the Board approved renewals of the continuing services contract with EAI for environmental and biological support services for additional two year terms, through October 10, 2023. EAI is the selected consultant for professional environmental services related to the County's Habitat Conservation Plan for Nesting Sea Turtles (HCP). The HCP requires the County to coordinate continuous sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31. The proposed Work Order No. 7 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 10 miles of intermittent shoreline from FDEP R17 to R20 and R68 to the Indian River/St. Lucie County Line (R119). These 10 miles represent the portions of Indian River County's beaches t-iat are not currently under permit required monitoring, related to a nourishment project. Sea turtle monitoring is required under the County's HCP to maintain compliance with the County's permits. To minimize monitoring costs, approved County Staff will conduct survey three times per week throughout the nesting season, leaving this work order to cover the remaining 4 days/week. Work Order No. 7 services will be performed by the consultant at a fixed rate cost not to exceed $93,830.35 for sea turtle monitoring and reporting. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40FBCB7\@BCL@F40FBCB7.doIO8 Page 2 BCC Agenda Item for February 15, 2022 HCP Sea Turtle Nest Monitoring FUNDING Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund. Funding for Work Order No. 7, in the amount of $93,830.35 is budgeted and available in Beach Restoration Fund/Other Professional Services Account No. 12814472-033190-99007. Account Name Account No. Amount Other Professional Services 12814472-033190-99007 $93,830.35 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 7 to the contract with Ecological Associates, Inc. in the amount of $93,830.35, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT EAI WO #7 Proposal (Revised) EAI WO #7 Agreement Execution APPROVED AGENDA ITEM FOR: February 15, 2022 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40FBCB7\@BCL@F40FBCB7.doLO9 Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Dear Mr. Bergman: " ECOLOGICAL ASSOCIATES, INC. February 2, 2022 Ecological Associates, Ihc. (EAI) is pleased to submit its revised Scope of World and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed in October 2021. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2022 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management and Mobilization The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 9.5 -mile southern section (R-68 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with the County, and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2022 and will continue uninterrupted through September 30, 2022. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. 110 Ecological Associates. Inc. — Cost Proposal and Scope of Work 2 Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff either on foot or using ATVs (Indian River County staff have agreed to perform the nesting surveys three days per week through September 30 in the southern survey area; EAI will perform all surveys thereafter). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email on a weekly basis to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). 111 Ecological Associates, Inc. — Cost Proposal and Scope of Work 3 Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 195 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 60 total nests requiring protection). Task 5: Reporting EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. Task 6: Data QA/QC Coordination EAI staff will provide initial QA/QC to County staff at the beginning of the nesting season and follow-up QA/QC throughout the nesting season. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AAo-ce M� Grace Botson Project Manager 112 Ecological Associates, Inc. — Cost Proposal and Scope of Work 4 c: Niki Desjardin/Director of Operations 113 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — February 2, 2022 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2022 (Project No. 22-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 180127 1h Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email: gber man ircgov.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated February 2, 2022. PROJECT DURATION: March 2022 — December 2022. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost Shared Prq' Costs 1 Project management and mobilization $4,681.00 Subtotal $4,681.00 North HCP Area 2a Sea turtle monitoring and data management 240 days) $16,930.00 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 45 nests at $66.20/nest $2,979.00 4a Nest protection not to exceed 10 nests $250.00 5a Reporting $1,001.00 Subtotal $21,160.00 South HCP Area 2b Sea turtle monitoring (147 days) and data management 240 days) $50,595.35 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 150 nests at $66.20/nest $9,930.00 4b Nest protection not to exceed 50 nests $1,250.00 5b Reporting $3,154.00 6 Data QA/QC Coordination $3,060.00 Subtotal $67,989.35 114 Ecoloizical Associates Inc — Cost Proposal and Scope of Work TOTAL not to exceed993 8830.35 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services renewed in October 2021. 115 0 0 O O 00 OC 6f3 N 0 0 0 O O O v O f�j O O O O O v� O O oc N N n O^ Ln ffj 69 64 69 U4 O O O O O O O O 6R 69 Ef? S9 6R xj v'i 69 64 64 0 0 0 0 0 Ln O 00 0 - r 0 x Ln 0 h `U O o0 ^ r- O O O O �+ O O CO O M V,) "o �o � �D cn W o0 O O kn G' 6R 64 69 69 69 •f3 b9 S4 In O O O O 'l. l� ^ rN� 69 S9 64 i 69 �3 N .-. �r M Ln N �3 6R 59 V O O O O O O O O O O O O O � o N O N i•+ Cn O oo O y U •U O U O N C � c� O O o0 0 0 0 0 0 0 � 64 6R 64 69 64 5R Ff-?v�? n O � O O m co C, ^ y L y M o � c W 0 , v1 64 69 ff3 69 6R �3 6R 69 69 69 x y o o Gi• Q� Ci. Li. Ls. � U7L N c c 0 • o �1 V c Q y C U ) J O k � YC >C � � N � y o � N G cz N cz U U C N � A m c U y y 'o L O a 0 eri o � c Ci c E-� 6f3 N 0 0 0 0 0 v O O O O O v� O O Ln Ln O n O^ Ln ffj 69 64 69 U4 O O O O O O O O 6R 69 Ef? S9 6R OO v'i 0 0 0 0 0 0 0 Ln O 00 0 - r 0 x Ln 0 N `U O o0 ^ r- O O O O �+ O O CO O M V,) "o �o M �D o0 ^ O kn 6R 64 69 69 69 •f3 b9 S4 In 'l. l� ^ '.f3 �.a4 69 S9 64 ff3 69 �3 N .-. Ln - Ln N o0 O O O O O O O O O O O O O O O O N O N G� Cn O oo O N G` O c� O O o0 0 0 0 0 0 0 � 64 6R 64 69 64 5R Ff-?v�? n O � O O C, ^ y L y M o � c , 64 69 ff3 69 6R �3 6R 69 69 69 y Gi• Q� Ci. Li. Ls. � U7L O c o y c y ) J O k � YC >C � � _O • � o � ^ cz U U C � A m c i y LL� C� L O c eri o � c Ci c � o ct C.) m c C Zr, cc r n Cl. O Fr O 6f3 N v v� O O Ln Ln O n O^ Ln 6R 6R 69 Ef? S9 6R OO v'i 0 0 0 0 0 0 0 Ln O 00 0 0 0 0 0 0 0 `U O00 O O O O O O �+ O O CO O M V,) "o �o M �D o0 ^ O kn N M 'l. 6F3 59 '.f3 �.a4 69 S9 64 ff3 69 �3 .-. Ln - Ln N o0 d M O O o0 0 0 0 0 0 0 0 U N O oc N O n O x O O C, 00 M N 64 69 ff3 69 6R �3 6R 69 69 69 y a� c c y y ) J O k � YC >C � � _O • � � o y eri c � o ct c m C V ci O O Q U L �_ a C L C15 0 z F� 6f3 N WORK ORDER NUMBER 7 PROJECT NAME: HCP Sea Turtle Monitoring 2022 — North and South County This Work Order Number 7 is entered into as of this day of , , pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Service, dated October 10th, 2017, renewed on October 15, 2019 for 2 years and then again on October 5, 2021 for an additional 2 years, referred to as the ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Service will be performed by the Consultant at a fixed rate not to exceed $93,830.35. The Consultant will perform the Environmental and Biological Support Service within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provision set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER Ecological Associates, Inc. By: Title COUNTY By:. Peter O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 117 INDIAN RIVER COUNTY, FLORIDA So BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector S Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-10, Year 2 Post -Construction Environmental Monitoring DATE: February 8, 2022 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC. (APTIM) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is approximately a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums and sustained damages from Hurricanes Matthew (2016) Irma (2017) and Dorian (2019). Construction of the large-scale beach and dune nourishment project was completed February 2020. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 5 Beach and Dune Restoration project, year 2 post - construction monitoring requires the biological monitoring of the nearshore hardbottom resources adjacent to the project area, as well as weekly escarpment surveys. Year 2 post - construction sea turtle and shorebird nest monitoring is performed under the County's routine Habitat Conservation Plan (HCP) data collection and reporting activities. The proposed Work Order No. 2018029-10, in the amount of $99,010.41, provides professional services for permit required year 2 post -construction environmental monitoring including: • Year 2 Post -Construction Biological Monitoring of Nearshore Hardbottom (Task 1) • Year 2 Post -Construction Escarpment surveys (Task 2) All subsequent annual post construction environmental monitoring of the Sector 5 Project area will be addressed through future work orders. 118 FUNDING Funding for Year 2 Post -Construction Environmental Monitoring in the amount of $99,010.41 is budgeted and available for the Sector 5 Beach Nourishment Project in the Beach Restoration Fund/Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Account Name Account No. Amount Sector 5 Post -Construction Monitoring 12814472-033490-15021 1 $99,010.41 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018029-10 in the total lump sum amount of $99,010.41. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-10. ATTACHMENTS APTIM WO# 2018029-10 WO# 2018029-10 Agreement Execution APPROVED AGENDA ITEM FOR: February 15, 2022 119 )>t APTIM February 8, 2022 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #10 Year 2 Post -Construction Environmental Monitoring Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County with the following items: 1. To conduct the Year 2 Post -Construction Nearshore Hardbottom Biological Monitoring 2. To conduct the Year 2 Post -Construction Escarpment Surveys The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Task 1: Year 2 Post -Construction Nearshore Hardbottom Biological Monitoring The Sector 5 Year 2 Post -Construction nearshore hardbottom biological monitoring will be managed and conducted by APTIM, and conducted by APTIM's approved subconsultant, Coastal Protection Engineering LLC (CPE). The Biological Monitoring Plan developed for the Sector 5 project during permitting requires post -construction biological monitoring of the hardbottom resources adjacent to the project area to monitor for potential secondary impacts. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (0363427 -001 -JC). The post -construction nearshore hardbottom monitoring shall include: 1) Hardbottom edge mapping 2) Monitoring permanent transects Task 1: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge forthe entire Sector 5 project area, including 120 1000 feet north (updrift) and 2000 feet south (downdrift) of the project area (R-69.5 to R-87) for a length of approximately 3.6 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand border. The purpose of the survey is to provide a comparison for pre- and all subsequent post -construction edge delineations. 2) Monitoring Permanent Transects: Twenty (20) transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes nine (9) biological monitoring transects and eleven (11) sediment only transects. All transects were established perpendicular to the shoreline and extend from the nearshore hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the Year 2 Post -Construction biological survey of the hardbottom using quadrat assessments, sediment measurements and video/photo documentation as detailed in the Biological Monitoring Plan. Up to nine (9) 0.5-m2 quadrats will be sampled along each transect to quantify the benthic community. Sediment data will be collected using line -intercept and 1-m interval sediment depth measurements, and video documentation will also be collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to nine (9) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 9 days of field operations. 3) Weekly Status Meetings: Weekly status meetings between the County, APTIM, and EAI will be held to provide the County with updates for both hardbottom and escarpment surveys during the length of the monitoring period (March through October). Task 1: Deliverable Raw data will be provided to FDEP and the County within 45 days of completion of the survey. This includes a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video and photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto recent, clear aerial photographs (in digital format). A Year 2 Post -Construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1: Schedule The Year 2 Post -Construction monitoring event will take place during summer 2022. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. 121 Task 1: Cost The lump sum cost for this task is $92,603.96. Task 2: Year 2 Post -Construction Escarpment Surveys The Sector 5 Year 2 Post -Construction escarpment surveys will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 2: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The escarpment surveys will be conducted along the approximate 3.5 mile shoreline within the Sector 5 Project Area to address post -construction permit -compliance monitoring during the 2022 nesting season. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for escarpment surveys, which are summarized as follows: 1. Project Management 2. Post -Construction Escarpment Surveys Task 2: Deliverable EAI will notify APTIM of any persistent scarps within the Project Area that may interfere with sea turtle nesting. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. Task 2: Schedule The escarpment surveys will commence in March 2022. Task 2: Cost The lump sum cost for this task is $6,406.45. Summary The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #10 is $99,010.41. Please refer to Exhibit 1, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County. 122 Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE Debra Neese, APTIM Authorized Corporate Signature Nicole S. Sha Printed Name Coastal Restoration & Modeling Program Manager Title 123 EXHIBIT 1 Indian River County, Florida Sector 5 - 2018029 - Work Order #10 Year 2 Post -Construction Nearshore Hardbottom Biological Monitoring and Escarpment Surveys Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1 Year 2 Post -Construction $53,072.00 $15,914.30 $1,575.00 $ 3,680.00 $ 18,362.66 $ 92,603.96 $ 165.00 Nearshore Hardbottom Biological Monitoring $ 660.00 4 $ 660.00 8 $ 1,320.00 Task 2 Year 2 Post -Construction $ 2,280.00 $ - $ - $ - $ 4,126.45 $ 6,406.45 $ 2,970.00 Escarpment Surveys $ 135.00 - $ - 12 $ 1,620.00 Totals = $55,352.00 $15,914.30 $1,575.00 $ 3,680.00 $ 22,489.11 $ 99,010.41 Indian River County, Florida Sector 5 - 2018029 - Work Order #10 Year 2 Post -Construction Nearshore Hardbottom Biological Monitoring and Escarpment Surveys Summary of Labor Hours and Cost Labor Title Labor Bill Rate Year 2 Nearshore Hardbottom Biological Monitoring Task 1 Labor Hours Cost Year 2 Escarpment Surveys Task 2 Labor Hours Cost Labor Hours Totals Cost Princi al Engineer/Sr Proj Mn r $ 250.00 1 $ 250.00 $ - 1 $ 250.00 Sr Coastal Engineer/Proj Engineer/ProMn r $ 165.00 4 $ 660.00 4 $ 660.00 8 $ 1,320.00 Sr. Coastal Engineer $ 165.00 18 $ 2,970.00 $ - 18 $ 2,970.00 Senior Marine Biologist $ 135.00 - $ - 12 $ 1,620.00 12 $ 1,620.00 Marine Biologist II $ 95.00 410 $ 38,950.00 $ - 410 $ 38,950.00 Senior CAD Operator $ 140.00 1 $ 140.00 $ 1 $ 140.00 GIS Operator $ 105.00 8 $ 840.00 $ 8 $ 840.00 Boat Captain $ 80.00 112 $ 8,960.00 $ 112 $ 8,960.00 Bookkeeper $ 80.00 2 $ 160.00 $ - 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 $ - 2 $ 142.00 Subcontractors - - $ 18,362.66 $ 4,126.45 - $22,489.11 - $ 15,914.30 $ - $15,914.30 -Equipment Materials - $ 1,575.00 $ $ 1,575.00 Mobilization/Other ODCs $ 3,680.00 $ - $ 3,680.00 TOTAL 1 1 558 1 $ 92.603.96 16 $ 6,406.45 574 $ 99,010.41 124 Ms. Kathryn Brown Lead Marine Biologist APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Brown: ECOLOGICAL ASSOCIATES, INC. February 8, 2022 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services in support of Indian River County's Sector 5 Beach and Dune Restoration Project. This proposal addresses post -construction permit -compliance monitoring along approximately 3.5 miles of beach during the 2022 nesting season, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0363427 -001 -JC Task 1: Project Management The Project Area extends approximately 3.5 miles from FDEP Range Monument R-70 near Mariner Beach Lane to R-86 near Bay Oak Lane. An EAI project manager will oversee all fieldwork and data management operations and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 2: Post -construction Escarpment Surveys (FDEP Specific Condition 17) Beginning on March 1, 2022, escarpment (scarp) surveys will be conducted on a weekly basis within the Sector 5 Beach and Dune Restoration Project Area through October 31, 2022. In accordance with Florida Fish and Wildlife Conservation 125 Ecological Associates, Inc. — Scope of Work and Cost Proposal 2 Commission (FWC) protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM and the County of any persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Scarp monitoring will be charged at a weekly rate. Any services required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis. EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity APTIM. Should you have any questions regarding the associated costs, I can be reached at (772) 334-3729. SinA cerely, As -a mw� Grace Botson Project Manager c: Niki Desjardin/Director of Operations to be of continued service to enclosed Scope of Work or 126 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — February 8, 2022 PROJECT NAME: Sector 5 Post -construction Scarp Monitoring - 2022 (Project No. 22-3019) CLIENT: Ms. Kathryn Brown 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3181 * Email: kathryn.brown@aptim.com PROJECT DESCRIPTION: Post -construction escarpment monitoring and ancillary professional services in support of the Sector 5 Beach and Dune Restoration Project, as described in EAI's Scope of Work dated February 8, 2022. ' PROJECT DURATION: March 2022 — October 2022. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Project management $1,040.00 2 Weekly escarpment surveys (Weekly rate, not to exceed 35 weeks at $82.57 per week $2,889.95 TOTAL not to exceed $3,929.95 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 127 00 N 0 0 0 69 69 yg O O O ss T�OS 4�oq ffi 69 69 th w Qn 00 00 M o 0 0 E� O H b � O � o to x C3 � C O � O a O � 0 z C� H 00 N WORK ORDER NUMBER 2018029-10 SECTOR 5 BEACH AND DUNE RESTORATION PROJECT YEAR 2 POST -CONSTRUCTION ENVIRONMENTAL MONITORING This Work Order Number 2018029-10 is entered into as of this day of , 2022 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with°the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY IM By: P.E. Peter O'Bryan, Chairman Title: Director of Operations Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 129 Cl>• INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager SUBJECT: Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-13, Post Construction Environmental Monitoring (Phase 1 Year 1 Monitoring and Phase 2 Immediate Post Construction Monitoring) DATE: February 9, 2022 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. area sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. Construction of the Sector 3 Beach and Dune Restoration project was split out into 2 phases, with construction of Phase 1 constructed in 2021 and Phase 2 construction currently underway with an anticipated completion date of April 30, 2022. Phase 1 represented approximately 3.7 miles in the northern portion of the project area, with Phase 2 beginning at Wabasso Beach Park and continuing south approximately 2.9 miles. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Beach and Dune Restoration Project, post -construction sea turtle and shorebird nest monitoring is required. Beach restoration permits require additional monitoring and reporting when compared to the County's Habitat Conservation Plan (HCP) monitoring requirements. Post -construction monitoring also includes the biological monitoring of the nearshore hardbottom resources adjacent to the project area. This permit required post - construction hardbottom monitoring is not a part of the routine semi-annual physical surveys or HCP monitoring. Due to the phased approach the County took with the Sector 3 Project, immediate post - construction sea turtle and shorebird monitoring was performed for the constructed arel" Phase 1 during this past nesting season. As Phase 2 construction is intended to wrap up this April, immediate post -construction sea turtle and shore -bird monitoring will be required this season for that area of construction. Year 1 post -construction Sea Turtle and Shorebird monitoring is required for the Sector 3, Phase 1 portion of the project this season. Construction related hardbottom monitoring is required for the entire length of Sector 3 (Year 1 post -construction for Phase 1 and immediate post -construction for Phase 2). The proposed Work Order No. 2018006-13, in the amount of $416,681.67, provides professional services for permit required construction related environmental monitoring for Phase 1 and Phase 2 which includes: • Year 1 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 1. (Task 1) • Immediate Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 2 (Task 2) All subsequent annual post construction environmental monitoring of the Sector 3, Phase 1 and Phase 2 Project areas will be addressed through future work orders. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue, FEMA project worksheets and a FDEP grant. Funding for construction related environmental monitoring (Task 1) in the amount of $226,548.02 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. Funding for post -construction related monitoring (Task 2) in the amount of $190,133.65 is budgeted and available for the Sector 3 Beach and Dune Nourishment Project in the Beach Restoration Fund/Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. Account Name Account No. Amount Sector 3 Beach Renourishment 12814472-066514-17001 $226,548.02 Sector 3 Post Construction Monitoring 12814472-033490-05054 $190,133.65 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-13 in the total lump sum amount of $416,681.67. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-13. ATTACHMENTS APTIM WO #2018006-13 WO #2018006-13 Agreement Execution APPROVED AGENDA ITEM FOR: FEBRUARY 15, 2022 131 February 9, 2022 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #13 2022 Post -Construction Environmental Monitoring Dear Eric: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Renourishment Project. The scope of work described herein is to support the County with the following items: 1. Phase 1—Year 1 Post -Construction Environmental Monitoring (R-20 to R-40) 1A. Nearshore Hardbottom Biological Monitoring 1B. Sea Turtle Monitoring 2. Phase 2 — Immediate Post -Construction Environmental Monitoring (R-40 to R-55) 2A. Nearshore Hardbottom Biological Monitoring 2B. Sea Turtle and Shorebird Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between the County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). 1. Task 1: Phase 1—Year 1 Post -Construction Environmental Monitoring (R-20 to R-40) 1A. Nearshore Hardbottom Biological Monitoring The Sector 3 2022 nearshore hardbottom biological monitoring will be managed and conducted by APTIM, and conducted by APTIM's approved subconsultant, Coastal Protection Engineering LLC (CPE). The Biological Monitoring Plan developed for the Sector 3 project during permitting requires pre- and post - construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to nearshore natural hardbottom. The scope for this task is based on the Florida Department of Environmental Protection (FDEP)-approved Biological Monitoring Plan (0285993 -009 -JC). The nearshore hardbottom monitoring for this task shall include: • Hardbottom edge mapping (R-19.5 to R-40) • Monitoring permanent transects (R-20 to R-40) 132 Task 1A: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the Phase 1 Sector 3 project area, including 1000 feet north (updrift), from R-19.5 to R-40, for a length of approximately 3.8 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand interface. The purpose of the survey is to provide a comparison for pre- and all subsequent post -construction edge delineations. 2) Monitoring Permanent Transects: Thirty (38) permanent transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes twenty-four (24) biological monitoring transects and fourteen (14) sediment -only transects. Phase 1 monitoring shall be conducted from R-20 to R-40 and will include twenty-two (22) permanent transects (15 biological and 7 sediment - only). All transects were established perpendicular to the shoreline and extend from the landward hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the biological survey of the hardbottom using the following methods: 1) Quadrat Assessments: Up to nine (9) 0.5-m' quadrats sampled along each transect to quantify the benthic community. 2) Sediment Measurements: Collected using line -intercept and 1-m interval sediment depth measurements. 3) Video/Photo Documentation: Collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to twelve (12) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 12 days of field operations. Task 1A: Deliverable Raw data will be provided to FDEP and the County including a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video/photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto the most recent aerial photography (in digital format). A post -construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1A: Schedule 133 The Year 1 Post -Construction monitoring event will take place during summer 2022. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Tack 1 A - Cr)ct The lump sum cost for this task is $110,020.97. 1B. Sea Turtle Monitoring The Sector 3 2022 sea turtle monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 113: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2022 sea turtle monitoring effort along the approximate 3.7 mile shoreline (R-20 to R-40) within the Sector 3 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Post -Construction Escarpment Surveys 6. Lighting Surveys 7. Reporting Task 113: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to Joint Coastal Permit (JCP) Compliance and Florida Fish and Wildlife Conservation Commission (FWC). Task 113: Schedule The sea turtle monitoring will commence in March 2022. Task 113: Cost The lump sum cost for this task is $116,527.05. 2. Task 2: Phase 2— Immediate Post -Construction Environmental Monitoring (R-40 to R-55) 2A. Nearshore Hardbottom Biological Monitoring The Sector 3 2022 nearshore hardbottom biological monitoring will be managed and conducted by APTIM, and conducted by APTIM's approved subconsultant, Coastal Protection Engineering LLC (CPE). 134 The nearshore hardbottom monitoring for this task shall include: • Hardbottom edge mapping (R-40 to R-57) • Monitoring permanent transects (R-40 to R-56) Task 2A: Scope of Work 3) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the Phase 2 Sector 3 project area, from R-40 to R-57, including 2000 feet south (downdrift) of the project area, for a length of approximately 3.2 miles. The same methods described above in Task 1A will be conducted. 4) Monitoring Permanent Transects: Phase 2 monitoring shall be conducted from R-40 to R-56 and will include sixteen (16) permanent transects (9 biological and 7 sediment -only). The same methods described above in Task 1A will be conducted. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to eight (8) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 8 days of field operations. Task 2A: Deliverable Deliverables will be prepared as described above in Task 1A and will be submitted concurrently with Task 1A deliverables. Task 2A: Schedule The Immediate Post -Construction monitoring event will take place during summer 2022 concurrently with the Year 1 Post -Construction monitoring event. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 2A: Cost The lump sum cost for this task is $70,308.55. 2B. Sea Turtle and Shorebird Monitoring The Sector 3 2022 sea turtle and shorebird monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, EAI. Task 213: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2022 sea turtle and shorebird monitoring effort along the approximate 2.95 mile shoreline 135 (R-40 to R-55) within the Sector 3 Project Area addresses permit -required post -construction sea turtle and shorebird monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Nesting Shorebird Monitoring 6. Post -Construction Escarpment Surveys 7. Lighting Surveys 8. Reporting Task 26: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. Task 213: Schedule The sea turtle monitoring will commence in February 2022. Task 26: Cost The lump sum cost for this task is $119,825.10. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #13 is $416,681.66. The following page includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, Az54-&u� Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE Debra Neese, APTIM Authorized Corporate Si nature Nicole S. Sharp P.E. Printed Name Coastal Restoration & Modeling Program Manager Title 136 Indian River County, Florida Sector 3 - 2018006 -Work Order #13 2022 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1A Phase 1 (Yr 1 Post) Nearshore $ 56,836.00 $21,122.25 $ 1,980.00 $ 5,357.00 $ 24,725.72 $ 110,020.97 Sr Coastal Engineer/Proj Engineer/ProMngr Hardbottom Biological Monitorin 20 $ 3,300.00 2 $ 330.00 4 $ 660.00 2 $ 330.00 28 $ Task 113 Phase 1 (Yr 1 Post) $ 1,140.00 18 $ 2,430.00 6 $ 810.00 2 $ 270.00 $ 115,387.05 $ 116,527.05 $ Sea Turtle & Shorebird Monitoring Marine Biologist II $ 95.00 401 $ 38,095.00 273 $ 25,935.00 $ Task 2A Phase 2 (I -Post) Nearshore $ 36,036.00 $14,041.95 $ 1,380.00 $ 3,653.00 $ 15,197.60 $ 70,308.55 $ Hardbottom Biological Monitorin $ 280.00 GIS Operator 6 $ 630.00 Task 2B Phase 2 (I -Post) $ 1,140.00 $ 1,260.00 Boat Captain $ 118,685.10 $ 119,825.10 Sea Turtle & Shorebird Monitoring $ 248 $ 19,840.00 Bookkee er Totals= $ 95,152.00 $35,164.20 $ 3,360.00 1 $ 9,010.00 $ 273,995.47 $ 416,681.67 Indian River County, Florida Sector 3 - 2018006 - Work Order #13 2022 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Phase 1 (Yr 1 Post) Nearshore HB Monitoring Task 1A Labor Cost Hours Phase 1 (Yr 1 Post) Sea Turtle & Shorebird Monitoring Task 1B Labor Cost Hours Phase 2 (I -Post) Nearshore HB Monitoring Task 2A Labor Cost Hours Phase 2 (I -Post) Sea Turtle & Shorebird MonitoringTotals Task 2B Labor Cost Hours Labor Hours Cost Principal En ineer/Sr Pro' Mn r $ 250.00 1 $ 250.00 1 $ 250.00 $ 2 $ 500.00 Sr Coastal Engineer/Proj Engineer/ProMngr $ 165.00 20 $ 3,300.00 2 $ 330.00 4 $ 660.00 2 $ 330.00 28 $ 4,620.00 Senior Marine Biologist $ 135.00 18 $ 2,430.00 6 $ 810.00 2 $ 270.00 6 $ 810.00 32 $ 4,320.00 Marine Biologist II $ 95.00 401 $ 38,095.00 273 $ 25,935.00 $ 674 $ 64 030.00 Senior CAD OperatorM,$ 1 $ 140.00 1 $ 140.00 $ 2 $ 280.00 GIS Operator 6 $ 630.00 6 $ 630.00 $ 12 $ 1,260.00 Boat Captain 148 $ 11840.00 100 $ 8,000.00 $ 248 $ 19,840.00 Bookkee er 1 $ 80.00 1 $ 80.00 $ 2 $ 160.00 Clerical 1 $ 71.00 1 $ 71.00 $ 2 $ 142.00 Subcontractors - $ 24,725.72 $ 115387.05 $ 15,197.60 $ 118,685.10 $ 273,995.47 E ui ment$ 21,122.25 $ 14,041.95 $ $ 35,164.20 Materials $ 1,980.00 $ 1,380.00 $ $ 3,360.00 Mobilization/Other 0$ 5,357.00 $ 3,653.00 $ $ 9,010.00 TOTAL 597 $ 110,020.97 $ 116,527.05 1 1 $ 70,308.55 8 $ 119,825.10 605 $ 416,681.67 137 Ms. Nicole Sharp APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Sharp: ECOLOGICAL ASSOCIATES, INC. February 7, 2022 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal ' for providing professional environmental services in tupport of Indian River County's Sector 3 Beach and Dune Nourishment Project. This proposal addresses post -construction sea turtle permit -compliance monitoring along approximately 3.7 miles of beach (Phase 1) during the 2022 nesting season, along with an appropriate reference beach, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC ➢ U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 Task 1: Mobilization All equipment, staff, and schedules will be prepared prior to project commencement. The Phase 1 Project Area extends approximately 3.7 miles from FDEP Range Monument R-20 to R-40. The Reference Area, approximately 3.8 miles south of the Project and outside of the influence of any fill placement activities, lies between R-60 and R-68. Pre-existing survey zone boundaries, consistent with those established by Indian River County under its Habitat Conservation Plan, will be verified and re- marked, and project -specific data sheets and a database will be created. 138 Ecological Associates, Inc. — Scope of Work and Cost Proposal 2 Task 2: Project Management An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with APTIM/Indian River County, and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 3: Daily Sea Turtle Monitoring and Data Management (FDEP Specific Condition 15) Beginning on March 1, 2022, EAI will conduct daily morning sea turtle nesting surveys of the Project and Reference Areas. Surveys will continue through November 11, 2022 or until two (2) weeks without a crawl in the Project Area, whichever is earlier. If there is a twp-week period where no crawls are documented in the,Project Area, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. If permission is granted, EAI will then perform surveys three days per week to monitor marked nests. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County on a weekly basis so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. 139 Ecological Associates, Inc. — Scope of Work and Cost Proposal 3 State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for the Sector 3 Beach and Dune Nourishment Project will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAFs project - specific database. Monthly summary reports will be furnished to APTIM. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30), or as otherwise mutually agreed upon. Daily sea turtle monitoring will be charged at a daily rate. *Monthly summary reports on sea turtle nesting and predation will also be sent to the Archie Carr National Wildlife Refuge to assist management efforts. Task 4: Nest Marking and Monitoring (FDEP Specific Condition 15) A representative sample of nests in the Project and Reference Areas will be marked for determination of nest fate and reproductive success (not to exceed 150 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Tasks 5a -5b: Post -Construction Escarpment Surveys (FDEP Specific Condition 18) A pre -season escarpment (scarp) survey will be conducted within the Sector 3 Phase 1 Project Area two weeks prior to sea turtle nesting season. The length, average height category, and approximate maximum height (as described below) will be recorded for all scarps that may impede turtles from reaching suitable nesting habitat. A summary report will be provided to APTIM so that actions may be taken to remove the scarps prior to nesting season, if necessary. The pre -season scarp survey will be charged only if the survey is necessary. Beginning on March 1, 2022, scarp surveys will be conducted on a weekly basis within the Sector 3 Phase 1 Project Area through October 31, 2022. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 140 Ecological Associates. Inc. — Scope of Work and Cost Proposal 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM of any persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Scarp monitoring will be charged at a weekly rate. Any services required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis. Tasks 6a -6b: Lighting Surveys (FDEP Specific Condition 20) Two surveys (one between May 1 and May 15 and another between July 15 and August 1) of beachfront lighting conditions within the Project Area will be performed. The location, number, and type of lights visible from the beach and not in compliance with Indian River County's lighting regulations will be documented and reported to the County. Photos (long exposure, without flash) will also be taken of all lights visible from the nourished beach. A sub -meter GPS will be used to record coordinates from which observations are made and results will be provided to APTIM in standard report form as well as on an Excel spreadsheet. Reports, including recommendations for correcting problem lights, will be provided within 30 days of each survey. It shall be the responsibility of APTIM to work with Indian River County to notify property owners of non-compliant lights. Following submission of an annual report on enforcement actions (to be prepared by APTIM/Indian River County), an EAI lighting specialist will participate in a meeting with APTIM, Indian River County, FWC, and USFWS to discuss the survey reports and marine turtle disorientations documented within the Project Area. Tasks 7a -7b: Reporting (FDEP Specific Condition 19) 1. Nesting Season Summary: A report summarizing methods, numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, and an assessment of project performance on sea turtle nesting and reproductive success, including interpretive analyses and graphic representations, will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2022 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success within the Project and Reference Areas will be prepared and submitted electronically to APTIM/Indian River County, JCP Compliance, and FWC. 141 Ecological Associates, Inc. — Scope of Work and Cost Proposal 5 EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to APTIM. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. S�i(n.�cerely, Grace Botson Project Manager c: Niki Desjardin/Director of Operations IFN ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL —February 7, 2022 PROJECT NAME: Sector 3 Phase 1 Post -construction Sea Turtle Monitoring Program — 2022 (Project No. 22-3943A) CLIENT: Ms. Nicole Sharp 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3150* Email: nicole.sharp@aptim.com PROJECT DESCRIPTION: Post -construction sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment Project Phase 1, as described in EAI's Scope of Work dated February 7, 2022. PROJECT DURATION: February 2022 — February 2023. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Mobilization $868.00 2 Project management $2,340.00 3 Daily sea turtle monitoring and data management (Daily rate; estimate 269 dg" at $308.62 per da $83,018.78 4 Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 150 nests at $66.20) $9,930.00 5a Post -construction (pre -season) escarpment survey and reporting i required) $488.88 5b Weekly escarpment surveys and reporting (Weekly rate, not to exceed 35 weeks at $113.57 per week $3,974.95 6a Nighttime lighting surveys and reporting (Per survey rate; two surve s at $1,983.91 each $3,967.82 6b Post -season lighting meeting with FWC (if required) $540.00 7a Final interpretive report $2,474.00 7b FWC nourishment reporting Excelspreadsheet $2,290.00 TOTAL (not to exceed) $109,892.43 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 143 Ms. Nicole Sharp APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Sharp: ° 'T � Ask ECOLOGICAL ASSOCIATES, INC. February 7, 2022 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services in support of Indian River County's Sector 3 Beach and Dune Nourishment Project. This proposal addresses post -construction sea turtle and shorebird permit -compliance monitoring along approximately 2.95 miles of beach (Phase 2) during the 2022 nesting season, along with an appropriate reference beach, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC ➢ U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 Task 1: Mobilization All equipment, staff, and schedules will be prepared prior to project commencement. The Phase 2 Project Area extends approximately 2.95 miles from FDEP Range Monument R-40 to R-55. The Reference Area, approximately 0.95 miles south of the Project and outside of the influence of any fill placement activities, lies between R-60 and R-68. Pre-existing survey zone boundaries, consistent with those established by Indian River County under its Habitat Conservation Plan, will be verified and re- marked, and project -specific data sheets and a database will be created. 144 Ecological Associates, Inc. — Scope of Work and Cost Proposal 2 Task 2: Project Management An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with APTIM/Indian River County, and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 3: Daily Sea Turtle Monitoring and Data Management (FDEP Specific Condition 15) Following completion of construction or beginning on March 1, 2022 (whichever is later), EAI will conduct daily morning sea turtle nesting surveys of the Project and Reference Areas. Surveys will continue through November 11, 2022 or until two (2) weeks without a crawl in the Project Area, whichever is earlier. If there is a two-week period where no crawls are documented in the Project Area, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. If permission is granted, EAI will then perform surveys three days per week to monitor marked nests. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County on a weekly basis so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. 145 Ecoloyical Associates, Inc. — Scope of Work and Cost Proposal 3 State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for the Sector 3 Beach and Dune Nourishment Project will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to APTIM. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30), or as otherwise mutually agreed upon. Daily sea turtle monitoring will be charged at a daily rate. *Monthly summary reports on sea turtle nesting and predation will also be sent to Archie Carr National Wildlife Refuge to assist management efforts. Task 4: Nest Marking and Monitoring (FDEP Specific Condition 15) A representative sample of nests in the Project and Reference Areas will be marked for determination of nest fate and reproductive success (not to exceed 150 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 5: Nesting Shorebird Monitoring (FDEP Specific Condition 21) Following completion of construction, EAI will conduct surveys to identify shorebird/seabird nesting activity in the Project Area weekly through September 1, 2022 if no shorebird nesting activity is observed. The surveys will be conducted on foot or by ATV at dawn and will cover all potential beach nesting bird habitats that may be impacted by construction activities. EAI will report all breeding activity to the Florida Shorebird Database within one week of data collection. Shorebird monitoring activities will comply with all protocols outlined on the Florida Shorebird Database website. Nesting shorebird surveys will be charged at a per survey rate. *If construction activities take place entirely outside the breeding season, shorebird surveys are not required. Tasks 6a -6b: Post -Construction Escarpment Surveys (FDEP Specific Condition 18) If construction is completed prior to March 1, 2022, a pre -season escarpment (scarp) Ecological Associates, Inc. — Scope of Work and Cost Proposal 4 survey will be conducted within the Sector 3 Phase 2 Project Area immediately following completion of sand placement and two weeks prior to sea turtle nesting season. The length, average height category, and approximate maximum height (as described below) will be recorded for all scarps that may impede turtles from reaching suitable nesting habitat. A summary report will be provided to APTIM so that actions may be taken to remove the scarps prior to nesting season, if necessary. The pre -season scarp survey will be charged only if the survey is necessary. Following completion of construction or beginning on March 1, 2022 (whichever is later), scarp surveys will be conducted on a weekly basis within the Sector 3 Phase 2 Project Area through October 31, 2022. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM of any persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Scarp monitoring will be charged at a weekly rate. Any services required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis Tasks 7a -7b: Lighting Surveys (FDEP Specific Condition 20) Two surveys (one between May 1 and May 15 and another between July 15 and August 1) of beachfront lighting conditions within the Project Area will be performed. The location, number, and type of lights visible from the beach and not in compliance with Indian River County's lighting regulations will be documented and reported to the County. Photos (long exposure, without flash) will also be taken of all lights visible from the nourished beach. A sub -meter GPS will be used to record coordinates from which observations are made and results will be provided to APTIM in standard report form as well as on an Excel spreadsheet. Reports, including recommendations for correcting problem lights, will be provided within 30 days of each survey. It shall be the responsibility of APTIM to work with Indian River County to notify property owners of non-compliant lights. Following submission of an annual report on enforcement actions (to be prepared by APTIM/lndian River County), an EAI lighting specialist will participate in a meeting with APTIM, Indian River County, FWC, and USFWS to discuss the survey reports and marine turtle disorientations documented within the Project Area. 147 Ecological Associates, Inc. — Scope of Work and Cost Proposal 5 Tasks 8a -8b: Reporting (FDEP Specific Condition 19) Nesting Season Summary: A report summarizing methods, numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, and an assessment of project performance on sea turtle nesting and reproductive success, including interpretive analyses and graphic representations, will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2022 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success within the Project and Reference Areas will be prepared and submitted electronically to APTIM/Indian River County, JCP Compliance, and FWC. EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity APTIM. Should you have any questions regarding the associated costs, I can be reached at (772) 334-3729. Sincerely, AAO.cel �,� w-1 Grace Botson Project Manager c: Niki Desjardin/Director of Operations to be of continued service to enclosed Scope of Work or 148 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL —February 7, 2022 PROJECT NAME: Sector 3 Phase 2 Post -construction Sea Turtle Monitoring Program — 2022 (Project No. 22-3943B) CLIENT: Ms. Nicole Sharp 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3150* Email: nicole.sharp@aptim.com PROJECT DESCRIPTION: Post -construction sea turtle and shorebird monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment Project Phase 2, as described in EAI's Scope of Work dated February 7, 2022. PROJECT DURATION: February 2022 — February 2023. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Mobilization $868.00 2 Project management $2,340.00 3 Daily sea turtle monitoring and data management (Daily rate, estimate 269 days at $308.62 per day) $83,018.78 4 Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 150 nests at $66.20) $9,930.00 5 Weekly shorebird nesting surveys (Per survey rate, not to exceed 25 surveys at $117.00 per survey) $2,925.00 6a Post -construction (pre -season) escarpment survey and reporting i required) $488.88 6b Weekly escarpment surveys and reporting (Weekly rate; not to exceed 35 weeks at $113.57 per week) $3974.95 ' 7a Nighttime lighting surveys and reporting (Per survey rate; two surveys at $2,091.91 each) $4,183.82 7b Post -season lighting meeting with FWC (if required) $540.00 8a I Final interpretive report $2,474.00 8b FWC nourishment reporting Excelspreadsheet $2,290.00 TOTAL (not to exceed) $113,033.43 149 Ecological Associates, Inc. — Scope of Work and Cost Proposal 3 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 150 WORK ORDER NUMBER 2018006-13 PHASE 2, SECTOR 3 BEACH AND DUNE RESTORATION PROJECT POST CONSTRUCTION BIOLOGICAL MONITORING SERVICES This Work Order Number 2018006-13 is entered into as of this day of , 2022 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, apolitical subdivision of the State of Florida ("COUNTY") and AAptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS -Aptim Environmental & Infrastructure, LLC, OF INDIAN RIVER COUNTY al , P.E. Title: Director of Operations Date: By: Peter O' Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 151 /CAI 1a.T. TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 1, 2022 SUBJECT: Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE BACKGROUND. On October 19, 2021, the Indian River County Board of County Commissioners (Board) voted to direct the County Attorney and Public Works Director to initiate the process of creating a Municipal Service Benefit Unit (MSBU) for the Oslo Park area to raise funds for future road paving projects, with a timeline that would allow final approval by March 2022. Since that time, the Public Works Department and the County Attorney's Office have worked together to prepare the proper legal description for the proposed MSBU, published the necessary notices and prepared the attached resolution declaring the intent to utilize the uniform method of collecting non -ad valorem assessments per section 197.3632, Florida Statutes. The proposed Oslo Park street paving MSBU will consist of 500 residential properties. As part of the process under section 197.3632, Florida Statutes, the Board will conduct two public hearings. At this first public hearing, the Board will consider adopting the attached resolution in which the Board intends to use the uniform method of collecting the non -ad valorem assessments found in Florida Statute §197.3632. Per statute, notice of the public hearing has been advertised for the past four consecutive weeks. If the resolution is approved, staff will send a first-class letter and a copy of the resolution to each property owner in the proposed MSBU, advising them of the second public hearing and providing them with a copy of the proposed ordinance establishing the MSBU. Additionally, the Board will need to enter into an agreement with the Tax Collector and Property Appraiser reimbursing the Constitutional Officers for the costs incurred in implementing the MSBU. Attached is a draft agreement that is based upon a prior agreement approved by the parties in 2015. 152 Board of County Commissioners February 1, 2022 Page 2 FUNDING. Funding for this proposed MSBU has not yet been established. Should the Board establish the MSBU, a separate fund will be set up. For information purposes, an assessment of $50/parcel would provide net revenues of approximately $22,000 per year. Higher assessment rates of $100/parcel or $200/parcel would provide revenues of about $45,000 and $69,000, respectively. Staff has developed a rough estimate of the cost to pave all of the roadways within the area of the MSBU for planning purposes. The estimated cost to complete all of the roadways would be $5 million to $7 million. Therefore, the creation of an MSBU in this format would be best to provide funding to pave one or more of the main east -west roadways used by residents to access their properties over a period of several years. If the Board approves the creation of the MSBU, staff will present a more detailed financial plan for assessment rates and construction timelines and scope. Current costs including the notification for the two public hearings and mailing notices to owners will be paid from the General Fund/County Attorney/Legal Ads, account 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft resolution and the draft agreement with the Tax Collector and Property Appraiser. ATTACHMENT(S). Draft Resolution Draft Agreement 153 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET PAVING IN THE OSLO PARK AREA. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non -ad valorem assessments to pay for the cost of street paving, including associated drainage improvements, in the Oslo Park area; and WHEREAS, the Indian River County Board of County Commissioners has enacted a Municipal Service Benefit Unit ("MSBU") ordinance which provides for services such as street paving in certain districts in the unincorporated areas of the County; and WHEREAS, that ordinance authorizes the levy and collection of special assessments in a uniform manner for those MSBU expenditures which are determined to provide a reasonably uniform special benefit to all properties within the benefit unit against which such special assessments are made; and further provides for the assessments to be levied in the same manner as taxes; and further provides for the assessment, levy, collection, remittance and accounting for said assessments at the same time and manner as taxes to the general fund; and WHEREAS, section 197.3632(3)(x), 'Florida Statutes requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that the local 154 governing board shall send a copy of the resolution by United States Mail to the Property Appraiser, Tax Collector and the Department of Revenue by March 10th of this year; and WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Indian River Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: 1. The Indian River County Board of County Commissioners ("Board") hereby elects to utilize the uniform method for levy, collection, and enforcement of non -ad valorem assessments as set out in section 197.3632, Florida Statutes for the Oslo Park area. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the Oslo Park area as a street paving MSBU district. 3. The levy of the assessment is needed because the street paving, including associated drainage improvements, will further the health, safety and well-being of all those residing and owning property within the boundaries of the district. The benefited area is a residential neighborhood within unincorporated Indian River County and contains many dirt roads. The establishment of the street paving district will enhance the safety of all people that travel within the district. The property included within the Oslo Park Street Paving District Municipal Service Benefit Unit is described as: 155 OSLO PARK STREET PAVING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in portions of Sections 25 and 26, Township 33 South, Range 39 East, Indian River County Florida. Said parcel also including portions of the following; Plat of Indian River Farms Company, Plat Book 2, Page 25, Of the public records of St. Lucie County, Florida (now Indian River County, Florida) and the following plats as recorded in the public records of Indian River County, Florida; Oslo Park Unit No. 2, Plat Book 4, Page 13; Oslo Park Unit No. 2-A, Plat Book 4, Page 31 and Oslo Park Unit No. 2-13, Plat Book 4, Page 24. Said parcel being more particularly described as follows: BEGINNING at the northwest corner of Lot 7, Block B, according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run Northerly to the Southeast corner of those lands as described in official records book 630, page 2318, of the public records of Indian River County, Florida. Said point also being the intersection of the westerly right-of-way line of 17th/ Avenue SW and the northerly right-of-way line of 13th/ Street SW; thence northerly along the east line of said lands (said line also being the west right-of-way line of 17th/ Avenue SW) to the northeast corner of said lands; thence run easterly to the northwest corner of Block "O", according to the aforementioned plat of Oslo Park Unit No. 2. Said point also being on the south right-of-way line of 11th/ Street SW (Nebraska Street as platted); thence run easterly along said south right-of-way line to the northeast corner of Lot 25, Block "M", according to the aforementioned plat of Oslo Park Unit 2-13; thence continue easterly to the northwest corner of those lands as described in Official Records Book 1962, Page 1101, of the public records of Indian River County, Florida; thence run easterly along the north line of said lands to the northeast corner thereof; thence run southerly along the east line of said lands, and its southerly prolongation to its intersection with the north line of those lands as described in Official Records Book 2911, Page 2421, of the public records of Indian River County, Florida; thence run easterly to the northeast corner of said lands; thence run southerly and westerly along the east and south lines of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 2982, Page 2436, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 743, Page 330, of the public records of Indian River County, Florida; thence run westerly along the south line said lands, and the south line of those lands as described in Official Records Book 2515, Page 614, of the public records of Indian River County, Florida, to the southwest corner of said lands. Said southwest corner also being on the east line of those lands as described in Official Records Book 1481, Page 2918, of the public records of Indian River County, Florida; thence run southerly and westerly along the east and south lines thereof to the southwest corner of said lands; thence run northerly along the west line of said lands, and the west line of those lands as described in Official Records Book 1670, Page 152, and Official Records Book 596, page 753, of the public records of Indian River County, Florida, to the southeast corner of a parcel of land as described in Official Records Book 667, Page 1611, of the public records of Indian River County, Florida; thence run westerly along the 156 south line of said lands, and the westerly prolongation thereof to its intersection with the east line of a parcel of land as described in said Official records Book 667, Page 1611; thence northerly along the east line of said parcel to the northeast corner of said parcel. Said point also being the southeast corner of those lands as described in Official Records Book 938, Page 963, of the public records of Indian River County, Florida; thence run westerly along the south line of those lands as described in Official Records Book 938, page 963, and Official Records Book 1945, Page 2465 (said line also being north line of said lands per Official Records book 667, page 1611) to the southwest corner of those lands described in Official Records Book 1945, Page 2465; thence run southerly along the east line of, and westerly along the north line of that certain parcel of land as described in said Official records Book 667, Page 1611, and its westerly extension to a point in the east line of Block "D", according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run northerly along the east line of said Block "D" to the northeast corner of Lot 7, Block "D"; thence run westerly to the northwest corner of Lot 7, Block "B" of said plat of Boxwood Estates and the Point of Beginning. ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: OSLO PARK MUNICIPAL SERVICE BENEFIT UNIT - INDIAN RIVER COUNTY 71 Orap M ^ ,Ib. al— W Btr.M W. t _ u 9MCF Y t � / � � � ■ Yr r � � g 5 s' Oal N k it s g..�t fse C—t"n;a21d a c !�. / -�.01;' INF rsoo�al -- ~ Frtaks S,A I ... ,•wr ._....+-e. , ,a..,....., .,. .ur - .. u .,.....»a .• .. p-R�.s"^E....." In�tm �. {� qt ie »fa � •� _ 'J. :. }r 8o�wcrod - J 31 i Y /! Eatottf Et.k 81cct 157 5. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by March 10, 2022. The resolution was moved for adoption by Commissioner the motion was seconded by Commissioner vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss , and , and, upon being put to a The Chairman thereupon declared the resolution duly passed and adopted this day of February, 2022. ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller El Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC: Approved: Jason E. Brown County Administrator 158 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR OSLO PARK STREET PAVING DISTRICT MUNICIPAL SERVICE BENEFIT UNIT By this Agreement, the Board of County Commissioners of Indian River County agrees to reimburse the Indian River County Property Appraiser and the Indian River County Tax Collector for necessary administrative costs incurred by those Officers in utilizing the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as provided in Florida Statute 197.3632. The Board of County Commissioners agrees to reimburse the Property Appraiser end Tax Collector for necessary administrative costs incurred in implementing assessments for the Oslo Park Street Paving District Municipal Service Benefit Unit, including, but not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The Property Appraiser and Tax Collector agree annually to carry out their respective duties in utilizing the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set out in Florida Statute 197.3632 for the Oslo Park Street Paving District Municipal Service Benefit Unit. This Agreement shall be implemented only upon the creation of the aforementioned municipal service benefit unit by the Board of County Commissioners by resolution and conditioned upon the adoption by the Board of County Commissioners of the resolution clearly stating its intent to use the uniform method of collecting such assessment, which resolution states the need for the levy and includes a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board will send a copy of it by United 159 States Mail to the Property Appraiser and Tax Collector and the Department of Revenue by March 10, 2022. AGREED TO on the date last entered below. ATTEST: Jeffrey R. Smith, Clerk of Courts And Comptroller By: Deputy Clerk Date: (SEAL) Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Date: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Approved by BCC: Wesley S. Davis, Property Appraiser Indian River County Date: Carole Jean Jordan, Tax Collector Indian River County Date: Approved: By: Jason E. Brown, County Administrator Date: 160 Indian River County Board of County Commissioners Oslo Park Municipal Services Benefit Unit (MSBU) Presented by Public Works with input from Budget and the County Attorney's Office February 15, 2022 Oslo Park MSBU • The Board requested that staff prepare an Municipal Services Benefit Unit district within a specific area of Oslo Park to fund the construction of paved roadways and associated drainage improvement. •The following is the district area created. 6/17/2022 I ().A - J (0p- 1 6/17/2022 Oslo Park MSBU • An Municipal Services Benet Unit (MSBU) district is a mechanism where individual parcel owners contribute to a fund on a yearly basis to accomplish a task over a period of time. • This is commonly used for streetlights within an established district or to fund roadway paving within a district. Oslo Park MSBU • Based on current construction costs a mile of paved roadway is approximately $1.25 million dollars to design, permit, and construct. This includes the necessary drainage improvements to support the paved roadway system. Oslo Park MSBU • For the purposes of this presentation staff estimates that the cost to design, permit, and construct 4.47 miles of roadway within the designated Oslo Park district will be approximately $5.5 million dollars. 6/17/2022 1(00- 3 Oslo Park MSBU So, what will be the cost per parcel and how long will it take to fund the 4.47 miles of roadway and drainage improvements at a cost of $5.5 million dollars? Oslo Park MSBU At $5.5 Million Dollars: • $50 per parcel ❖ 253 years to fund the project • $100 per parcel 121 years to fund the project • $150 per parcel ❖ 79 years to fund the project • $200 per parcel ❖ 59 years to fund the project 6/17/2022 1 (00, 4 Oslo Park MSBU What if the cost decreases to $3 Million Dollars: • $50 per parcel ❖ 138 years to fund the project • $100 per parcel •:* 66 years to fund the project • $150 per parcel ❖ 43 years to fund the project • $200 per parcel ❖ 32 years to fund the project sio Far What if we proceed with paving one mile or half of a mile at a time? 6/17/2022 1&0- 5 Oslo Park MSBU How long will it take to accumulate funding to construct one -mile ($1,250,000) of roadway: • $50 per parcel ❖ 57 years to fund the project • $100 per parcel ❖ 27 years to fund the project • $150 per parcel ❖ 18 years to fund the project • $200 per parcel ❖ 13 years to fund the project Oslo Park MSBU How long will it take to accumulate funding to construct a half -mile ($625,000) of roadway: • $50 per parcel 29 years to fund the project • $100 per parcel 14 years to fund the project • $150 per parcel ❖ 9 years to fund the project • $200 per parcel ❖ 7 years to fund the project 6/17/2022 Oslo Park MSBU What if we approach this in a manner similar to the petition paving process where the County participates with a 25% funding contribution to the project and the residents contribute 75% of the funding? Oslo Park MSBU What is the petition paving process? The petition paving process was established by the Board in 1981— Ordinance No. 81-27. This process allows for a group of land owner to petition the County for improvements whereby the County would fund the project and the land owners would reimburse the County over a 10 - year period. 6/17/2022 Oslo Park MSBU Based on the $5 million dollar project cost: • County contributes $1.25 million dollars. • The residents would contribute $3.75 million dollars. • For a 10 -year repayment period - $793.75 dollars per year per parcel or $66.14 per month. • For a 20 -year repayment period - $399.00 dollars per year per parcel or $33.25 dollars per month. Oslo Park MSBU. Yearly Roadway Grading Cost • Current cost per mile to grade a roadway is $3,911 per mile • 4.47 miles of unpaved roadways • Yearly Grading Cost of $17,482 6/17/2022 1 (o p - 8 Questions or Comments? 6/17/2022 ) (00- 9 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 8, 2022 SUBJECT: Public Notice of Public Hearing for March 1, 2022, for Ordinance Amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 141 The Board of County Commissioners will hold a Public Hearing on Tuesday, March 1, 2022 at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 141 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27`h Street, Vero Beach, Florida 32960. 161 AVER ,o I l A Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathleen Keenan Legislative Affairs and Communications Manager DATE: February 8, 2022 SUBJECT: Resolution in Support of the Adoption of House Bill 631 and Senate Bill 780 as Filed in the 2022 Florida Legislative Session BACKGROUND Florida's public -use airports rely heavily on funding provided by both the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) for their large capital improvement projects. These projects include airfield infrastructure and facilities (runway, taxiway and parking apron pavement rehabilitation), airfield equipment, and landside road and building projects. However, regardless of the funding source, the airport sponsor is always responsible for providing matching funding from the airport or sponsor budget. Under current state law, FDOT may provide up to 50 percent of eligible project costs to commercial service airports. General aviation airports may receive up to 80 percent funding from FDOT for eligible costs so long as the airport has no scheduled commercial service. The majority of these projects are maintenance of existing airport infrastructure to assure their continued safe operating condition. Proposed legislation has been filed in both the House and Senate to amend section 332.007, Florida Statutes, to allow commercial service or general aviation airports, like Vero Beach Regional Airport, with fewer than 100,000 passenger boardings per year to not be subject to the reduced grant contributions. Representative Erin Grall has filed House Bill 631 (Airport Funding) and Senator Travis Hutson has filed Senate Bill 780 (Airports). This legislation as proposed would authorize funding by FDOT for up to 80 percent of eligible project costs for airports classified as commercial service or general aviation with fewer than 100,000 annual passenger boardings. FDOT funding will continue to come from the Aviation Grant fund and annual passenger boardings will be determined by the FAA. The bill has an effective date of July 1, 2022. The City of Vero Beach has reached out to Indian River County requesting support for this proposed legislation. 162 FUNDING There is no funding related to this resolution. RECOMMENDATION County staff recommends the Board of County Commissioners of Indian River County, Florida pass a Resolution in support of the adoption and passage of House Bill 631 (by Representative Grall) and Senate Bill 780 (by Senator Hutson) as filed in the 2022 Florida Legislative Session and extends its appreciation to the local legislative delegation for its support and assistance. ATTACHMENTS Proposed Resolution Letter from the City of Vero Beach 163 and RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE ADOPTION OF HOUSE BILL 631 AND SENATE BILL 780 AS FILED IN THE 2022 SESSION OF THE FLORIDA STATE LEGISLATURE AMENDING SECTION 332.007, FLA. STAT. REVISING THE TYPES OF AIRPORTS TO WHICH FUNDS ARE AVAILABLE FOR ELIGIBLE AVIATION DEVELOPMENT PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Vero Beach owns and operates the Vero Beach Regional Airport; WHEREAS, the Vero Beach Regional Airport is a general aviation facility and receives funding from federal and state sources; and WHEREAS, Florida Department of Transportation (FDOT) funds airport capital improvement projects at general aviation airports at 80% of project cost; and WHEREAS, under current state law, when a general aviation airport begins to receive scheduled commercial airline service and subsequently exceeds 10,000 annual commercial passenger enplanements, the airport is classified as a primary Commercial Service Airport by the Federal Aviation Administration and FDOT, and at such time, FDOT funding eligibility is reduced from 80% to 50%; and WHEREAS, the Commercial Service Airport designation remains in effect even if annual commercial passenger enplanements falls below 10,000; and WHEREAS, the reduced funding from 80% to 50% puts smaller commercial service airports such as Vero Beach Regional Airport at a financial disadvantage in that revenue from airline operations is far from sufficient to make up the loss in FDOT funding; an, WHEREAS, HB 631 and SB 780 would amend section 332.007, Fla. Stat. to allow general aviation airports, like Vero Beach Regional Airport, with 100,000 passenger boardings per year to not be subject to the reduced grant contributions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1— Adoption of "Whereas" clauses. 164 The foregoing "Whereas" clauses are hereby adopted and incorporated herein as forming the legislative findings, purpose, and intent of this Resolution. Section 2 — Support for Adoption of HB 631 and SB 780. The Indian River County Board of County Commissioners supports the adoption and passage of HB 631 (by Representative Grall) and SB 780 (by Senator Hutson) as originally filed in the 2022 session of the Florida Legislature, and extends its appreciation to the local legislative delegation for its support and assistance. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O' Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this day of February, 2022. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman 165 OFFICE OF THE MAYOR January 25, 2022 Mr. Jason Brown County Administrator Indian River County 180127" Street Vero Beach, Florida 32960 Dear Jason: City of Vero Beach _ � 9 1053 - 20th PLACE - P.O. BOX 1389 " - x VERO BEACH, FLORIDA - 32961-1389 R Qjy@/ C00741 3 2022 a471c e o1 / Last year Indian River County was very accommodating in passing a Resolution seeking support to amend Florida Statutes, which regulate Florida Department of Transportation (FDOT's) funding of Airports based on Federal Aviation Administration (FAA) Airport Classification. I am asking that the County pass a similar Resolution this year. The Bill did not pass last year, but because situations have changed we believe with the help of all of our surrounding municipalities in Indian River County that it will pass this year. Attached is a copy of a Resolution that the City of Vero Beach recently passed, which you are welcome to use as a template when presenting this Resolution to your Council. Thank you for your help in this matter and please feel free to call me if you have any questions. Once you have passed the Resolution, please send a copy to our City Clerk at tbursick@covb.org. Sincerely, Robbie Brackett, Mayor City of Vero Beach RB/tb Enclosure Phone: (772) 9784700 - Fax: (772) 9784790 - E-mail: cityclerk@covb.org 166 wwtiv.covb.orR V RESOLUTION NO. 2021- 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, IN SUPPORT OF THE ADOPTION OF SENATE BILL 780 AND HOUSE BILL 631 AS FILED IN THE. 2022 SESSION OF THE FLORIDA STATE LEGISLATURE AMENDING SECTION 332.007, FLA. STAT. REVISING THE TYPES OF AIRPORTS TO WHICH FUNDS ARE AVAILABLE FOR ELIGIBLE AVIATION DEVELOPMENT PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. ---- —WHEREAS; the -City -of Vero -Beach owns and operates the -Vero -Beach Regional Airport; and WHEREAS, the Vero Beach Regional Airport is a general aviation facility and receives funding from federal and state sources; and WHEREAS, Florida Department of Transportation (FDOT) funds airport capital improvement projects at general aviation airports at 80% of project cost; and WHEREAS, under current state law, when a general aviation airport begins to receive scheduled commercial airline service and subsequently exceeds 10,000 annual commercial passenger enplanements, the airport is classified as a primary Commercial Service Airport by the Federal Aviation Administration and FDOT, and at such time, FDOT funding eligibility is reduced from 80% to 50%; and WHEREAS, the Commercial Service Airport designation remains in effect, even if annual commercial passenger enplanements falls below 10,000; and ~V WHEREAS, the recliiredfiinAing_frnm R6- 6A to 50%o puts smaller commercidi service aiiports such as Vero Beach Regional Airport at a financial disadvantage in that revenue from airline operations is far from sufficient to make up the loss in FDOT funding; and WHEREAS, SB 780 and HB 631 would amend section 332.007, Fla. Stat. to allow Vero Beach Regional Airport to remain a general aviation airport and not be subject to the reduced grant contributions caused by the threshold of 10,000 enplanements per year, but would increase the threshold to 100,000 passenger boardings per year; and WHEREAS, under the current statute should Vero Beach Regional Airport exceed 10,000 enplanements per year the FDOT funding would be reduced from 80% to 50%, which would result 167 in the delay or cancellation of capital improvement projects and in deterioration of airport property and possibly jeopardize the safety of airport operations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, AS FOLLOWS: Section 1 —Adoption of "Whereas" clauses. The foregoing "Whereas" clauses are hereby adopted and incorporated herein as forming the' legislative findings, purpose, and intent of this Resolution. Section 2 — Support for Adoption of SB 780 and HB 631._ �' --- -The-City-Council- supports the adoption and passage of SB -780 -(by -Senator Travis'Hutson)- -- and HB 631 (by Representative Erin Grail) in the 2022 session of the Florida Legislature, and extends its appreciation to the local legislative delegation for its support and assistance. Section 3 — Effective Date. This Resolution shall become effective upon final adoption by the City Council. This Resolution was heard on the % Lnday ofD 4. LL,7-Yg-Q 2021, at which time it was moved for adoption by Councilmember 01 1 n USS , seconded by Councilmember iv'P.- V11) e , and adopted by the following vote: Mayor Robert Brackett S Vice -Mayor Rey Neville E's Councilmember Honey Minuses Councilmember Bob McCabe S Councilmember John E. Cotugno ATTEST: Ili � Sc Tammy K. B 'ck City Clerk (Seal) CITY COUNCIL: C BEACH, FLORIDA By: --:"� Robert Brackett Mayor Date: 4294 M .f STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of 13'pP-5ysical presence or ❑ online notarization this '% .�'- day of 2021, by Robert Brackett, the Mayor, and attested by Tammy K. Bursick, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Seal: }; SHERREPHltO MY COMMISSION # HH 065119 ro` EXPIRES: December 3 2024 .';V; °'' Banded ilw Notary Public Underwriters11 Sign: '1 _Florida at Large Print Nam Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Jo S. Turner City Attorney Approved as conforming to municipal policy: AAk j b Monte K. Falls, P.E. City Manager 169 /a 141 Indian River County, Florida Department of Utility Services Board Memorandum Date: January 28, 2022 To: Jason E. Brown, County Administrator From: Cindy Corrente, Interim Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Replacement of Well S-1 at the South County Water Treatment Plant Background: Indian River County Department of Utility Services (IRCDUS) owns and operates a well -field in South County that consists of seven (7) Floridan supply wells that are the raw water supply and water source for the South County Reverse Osmosis (SCRO) water treatment plant (WTP). This well -field is the only water supply for the plant and maintaining it is critical to the sustainability of the water system. On June 8, 2021, the Indian River County Board of County Commissioners (BCC) approved an agreement with All Webbs Enterprises, Inc., (All Webbs) to explore other water uses so as to not impact existing legal users (ELUs), as required by the St. Johns River Water Management District (SJRWMD) regulations. All Webbs was to deepen well S-1 at the SCRO WTP and well N-7 at the North County Reverse Osmosis (NCRO) water treatment plant (WTP). The particular wells were selected based on their age and deteriorating water quality. Well S-1 was forty years old. The quality of water from it was diminishing. That is not unexpected for a well of that age. During the initial phase of drilling to deepen S-1, the well collapsed with sand filling the well from behind the casing. Upon investigation deeper into the well with a camera, it became apparent that the damage was so significant that the well was not salvageable. Therefore, well S-1 had to be plugged and the appropriate documentation was sent to SJRWMD. Analysis: Since maintaining the well -field and all 7 wells is critical to the sustainability of the water system, staff requested that Kimley-Horn and Associates (KHA) prepare a proposal for the survey, design, permitting, and construction services to replace well S-1 with a new Floridan aquifer supply well. KHA provided a preliminary estimate of $1.4 million to replace the well. Construction of a raw water main from the new well to treatment plant will be required too. The preliminary estimate for the main is $200,000. KHA has provided Work Order No. 8, which is in accordance with the Agreement for Professional Services for Water Plant and Water Resources Engineering Services - Request for Quote (RFQ) 2019070 dated November 5, 2019. The scope of work is more specifically described in the attached work order. The total negotiated cost for Work Order No. 8 is $222,511. 170 Funding: Since the expenses related to replacing well S-1 will be an operating capital expense, staff will be seeking approval to utilize operating cash balance to cover the expenses. The expenses will be recorded in the Utilities operating capital account number 471-169000-22503, Utilities/South WTP Well S-1. At this time the estimated expenses total $1,822,511. Utility operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/South WTP Well S-1 (well and piping) 471-169000-22503 $1,600,000 Utilities/South WTP Well S-1 (engineering services) 471-169000-22503 $ 222,511 Total for South WTP Well S-1 $1,822,511 Recommendation: Staff recommends that the Board of County Commissioners (BCC) approve the use of cash balance in the amount of $1,822,511 to cover the total affiliated costs of the replacement of the South County Water Treatment Plant well S-1. Staff also recommends that the BCC approve Work Order No. 8 with Kimley-Horn and Associates, Inc., in the amount of $222,511 for engineering services for the surveying, permitting, bidding, and construction services for the replacement of well S-1, and authorize the Chairman to execute said work order on their behalf. Attachment: Work Order No.8 with KHA. 171 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 WORK ORDER 8 Indian River County Department of Utility Services South Oslo Road WTP Floridan Well S-1 Replacement This Work Order Number _ is entered into as of this —day of , 202, pursuant to that certain AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this 5th day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 22 Print Name: Brian Good, P.E. Title: Princiaal 0 Peter D. 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 Attorne EXHIBIT A Work Order Number 8 Indian River County Department of Utility Services South Oslo Rd Water Plant Floridan Well S-1 Replacement PROJECT UNDERSTANDING During the deepening work planned for the existing well S-1, as part of the on- going water supply study to collect water quality and well performance data, it became apparent that the existing well was failing and taking in too much sand during the deepening process. Work was stopped to video the well and determined that the casing cementing had failed and needed to be abandoned. Replacement of well S-1 with a new well (S -1R) was recommended along with plugging & abandoning the existing one. The following scope of work is proposed to provide documents and construction oversight for the replacement of well S-1, consisting of preparation of design documents, FDEP and SJRWMD permitting, and bidding phase services, for the replacement of well #S-1 at the South Oslo Road Water Treatment plant. SCOPE OF WORK TASK 1- PREPARATION OF DESIGN DOCUMENTS - WELL Consultant will review the existing wellsite for potential siting of a new well to be drilled in the near vicinity of the existing well. Consultant will review the salvageable equipment to be used and new equipment to be designed/ specified for the replacement well. Property Survey and Topography - The Consultant will develop a survey for the wellsite to determine extent of IRCU property. The Consultant will also conduct topographic survey of the new site to collect topography, establish horizontal control, and establish a benchmark for design and construction purposes. Consultant will review existing utilities within a 100 -ft radius from the existing wellsite, including known underground utilities and existing sanitary hazards. Consultant will walk the site to review landmarks; conflicts with existing structures; setbacks from existing utilities and facilities; and review the sites and adjacent areas for items which may affect permitting of a new well site. 173 Consultant will prepare design drawings for a new wellhead, similar in design and configuration to the existing wellhead. It is assumed that the pump will be vertical turbine type using flanged or threaded column pipe. The design documents will consist of civil, mechanical, and electrical drawings that will include connection to the existing 12 -inch raw watermain, use of the existing electrical service, and a new fiber optic connection to allow direct communication of well with the water plant. it is assumed the radio telemetry will be eliminated as part of this replacement. It is assumed that approximately 10 -12 drawings will be prepared, consisting of: • Cover sheet • Overall site plan • Civil details • Wellsite plan & details • Wellhead sections • Mechanical details • Electrical (single line, panel drawings, fiber optic) The consultant will prepare technical specifications for construction and drilling of a new supply well. Consultant will prepare a 90% set of drawings and specifications for IRCU to review, and incorporate comments into the final set of drawings and specifications to be used for a change order request from the current contractor, and submission to FDEP for permitting. Consultant will design modifications to the existing radio telemetry unit (RTU) at well S -1R to include fiber optic connectivity using Ethernet communication. Remote PLC's will be designed at the well to allow communication via Ethernet over FO. Consultant will design well panel PLC hardware at the well #S-1 and interface with existing system. TASK 2 - RAW WATERMAIN - PREPARE DESIGN DRAWINGS AND SPECIFICATIONS CONSULTANT will develop construction plans for a 12 -inch or 16 -inch raw water main using the latest aerials available in a plan/profile layout, from the proposed wellsite near S -1R WELL to the water plant site using the proposed alignment. Consultant will prepare and furnish drawings and standard details on 24"x36" size sheets assumed to be at a scale of 1"=30' for the raw water main plan/ profile 174 drawings. The drawings will be produced in AutoCAD Civil 3D 2018 and will utilize Indian River County standards. Consultant will submit 90% and 100% complete drawing sets for Owner review. Consultant will prepare construction drawings for the pipeline consisting of the following: • Cover sheet • General Notes • Key Map • Plan and Profile sheets for the raw water main (approx. 4 sheets at 1" =30') • Miscellaneous pipe details (2) • General Details (2) • HDD Plan & Profile It is anticipated that approximately 8 -10 sheets for the raw water pipeline will be prepared. Topographic Survey CONSULTANT will prepare limited use topographic survey of the existing wellsite and the water treatment plant and the RWM corridor and utilize part of the RO plant survey prepared under work order #1. It is assumed all wellsite work will be constructed on Indian River County owned or leased land. The survey scope for the well site consists of the following items: • Obtain existing elevations within a 120ft x 60ft rectangle south of the existing well S-1. • Location of the existing above ground improvements along the raw watermain, wellsite, and water plant site. • IRCU established benchmarks will be used for elevation reference. The vertical datum elevations will be referenced to NAVD 88 datum. Horizontal datum to be NAD 83/90 The survey scope for the raw watermain pipeline consists of the following items: • Upland route survey from wellsite to the water plant site - approximate length: 900 LF • Obtain surface locations of existing improvements within select portions of the RWM corridor • Topographic survey and data at 100 -ft intervals and location of markings for known underground utilities • The vertical datum elevations will be referenced to NAVD 88 datum. 175 Horizontal datum to be NAD 83/90 CONSULTANT will perform a hydraulic analysis to size the RWM and include capacity for potential future additional well. The RWM will be sized for up to 4.0 MGD of raw water capacity. Consultant will prepare project specifications for the project. Technical specifications for the raw water main, directional bores, telemetry and general electrical provisions will be provided. CONSULTANT will coordinate and provide up to ten (10) subsurface investigation using soft -dig technique for the HDD and anticipated U/G conflicts. Consultant will provide four (4) printed hard copies at each review and electronic version in pdf and Word format for review. Consultant will prepare opinions of probable construction costs for the final version of the pipeline and pump stations projects. TASK 3 - PERMITTING Consultant will evaluate the need for permitting a replacement well, including preparation of a letter modification to SJRWMD Permit and an updated location map and Table A (description of wells). No changes to existing permit allocation shall be requested in the letter modification. The Consultant will prepare and submit an FDEP permit application 62-555.900(1) for the proposed surficial wellhead, and raw watermain improvements for the new well, including a permit application fee paid for by IRCU. The Consultant will submit one permit application for the wellhead work and the raw watermain connection to the existing. The permit application will be submitted when the drawings and specifications are in a condition for permitting agency review. Consultant will respond to up to two requests for additional information (RFI's from DEP). The permit application fee of $2,000 for FDEP will be paid for by Indian River County Utilities (IRCU). The permit application fee for the SFWMD construction permit will be paid by water well contractor. 176 TASK 4 — BIDDING PHASE Consultant will prepare electronic copy of bid documents, including drawings and specifications for IRC purchasing department to be utilized for bidding purposes. Front-end documents will be prepared by Indian River County purchasing. IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. Consultant will attend a mandatory pre-bid meeting, respond to contractor questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRC purchasing department. Consultant will review bids, provide a summary of comments, and a letter that recommends the most responsive and responsible bidder. TASK 5 — CONSTRUCTION PHASE SERVICES - FLORIDAN AQUIFER WELL, WELLHEAD #S -1R, RAW WATERMAIN Consultant will provide construction phase services for the drilling of well #S-1, wellhead installation, startup and operational testing of the well, and oversight of the raw watermain construction. Final FDEP certification of Well #S-1 and raw watermain will be provided. The Consultant's site visits will be for the purpose of endeavoring to provide the Owner a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents. The Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Work that the Consultant believes does not comply with the contract documents will be brought to the attention of Indian River County Utilities and the contractor. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall the Consultant have any authority or responsibility to stop or direct the work of any contractor. Consultant will provide construction phase services including hydrogeological services, performance testing of each well, and preparation of a well completion report for well #S-1 Floridan Aquifer well. Consultant will utilize subconsultant services of JLA Geosciences, Inc. for the Hydrogeologic Consulting Services (JLA). Consultant will provide hydrogeological support and observation services during Upper Floridan Aquifer well #S-1 construction including surface casing installation, pilot hole drilling, geophysical logging, casing installation, grouting casing in place 177 for each lift of cement, completion interval drilling and associated testing, preliminary well development, acid treatment, pump development and testing. Consultant will also provide well performance testing, including water level measurements, specific capacity analysis, and basic water quality testing (conductivity, chlorides, silt density indices—SDI's and sand testing). Consultant will provide up to 220 hours of on-site hydrogeological services (JLA) for well #S-1. Consultant will review drilling, geologic and geophysical data and provide recommendations for casing setting depths and completion intervals. Consultant will review completion interval drilling and testing data and recommend if acid treatment is necessary, review acid treatment and testing plans. Consultant will review pump test results and provide recommendations for permanent pump setting depth and recommended in service pumping rate. Consultant will coordinate water quality testing, which includes clearance water quality in accordance with FDEP regulations and additional water quality for membrane projections. Consultant will provide contract document interpretation, shop drawing and pay request review and change order requests. These construction phase services assume the well location, and formation water disposal determined above will not change during construction. Shop drawing submittal will be reviewed for conformance with the intent of the contract documents. Shop drawing will be submitted directly to the Consultant. The Consultant will review the submittal and return copies to the contractor and Indian River County Utilities. KHA will prepare a well completion report for well #S-1, including a summary of the lithologic logs, field logs, hydrologic and water quality data, and preparation of figures, data, lithologic logs, and appropriate attachments. The well completion report and data will be used for future well clearance when the wells are placed into service. Up to six (6) final copies of the report will be furnished to Owner. The installation of the well pump, column piping, and electrical service for operation of the well #S-1 is assumed to be included under the well driller contract. Consultant will prepare and submit a FDEP certification of construction completion and request for clearance to place well #S-1 into operation (FDEP Form 62- 555.900(9)). Record drawing information will be provided by the contractors and included with the certification package. 178 SCHEDULE In general, the following schedule is anticipated and run concurrently with the current work order schedule and contractor schedule. TASK 1- Prepare Design Docs - WELL 4 - 6 weeks from Notice to Proceed (NTP) TASK 2 - Prepare Design Docs - RWM 4 - 8 weeks from Notice to Proceed (NTP) TASK 3 - Permitting 4 - 6 weeks after Task 1 & 2 TASK 4 - Bidding 2 - 6 week after documents prepared TASK 5 - Construction Phase 8 -10 months after Notice of Award to Contractor FEE SCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services - RFQ 2019070, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kinley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for Task 1 through Task 5 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 PREPARE DESIGN DOCUMENTS - WELL $ 42,141 TASK 2 RAW WATERMAIN - PREPARE DESIGN DRAWINGS AND SPECIFICATIONS $ 48,922 TASK 3 PERMITTING $ 8,388 TASK 4 BIDDING $ 8,543 TASK 5 CONSTRUCTION PHASE, OBSERVATIONS $114,517 TOTAL $222,511 179 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Preparation of wellfield operating plans • Water Use Permitting beyond what is listed herein • PLC design for future communication and upgrades of existing SCADA system ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Permit application fee 180 EXHIBIT B ESTIMATE FOR ENGINEERING SERVICES PROJECT: IRCUFloridan WellS-1RRe lacement SHEEP 1 OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR MDM DATE: 12/03/21 DESCRIPTION: Floridan Well S -1R Replacement Design, permitting, construction phase DIRECT LABOR MAN-HOURS PRINC SEN PROF REG PROF DES/ P2 (JPF) CLK EXP SUB Dir Exp (4.6%) LINE TOTAL JUFH NO. TASK 1 PREPARE DESIGN DOCS Review Well #S-1&sitin 4 2 2 $60 1,362 Prepare drawings & specs 4 20 88 6 $631 14,347 1001/o review set 4 8 12 6 $200 $181 4 317 iLentzSurve 2 4 $1,500 $48 2,598 C& W 2 4 $12,000 $48 13,098 JLA 2 4 2 $5,120 $57 6,419 2 PREPARE DESIGN DOCS - RWM Evaluate proposed RWM, hydraulic analysis 2 8 12 $129 2,931 Prepare exhibit of RWM pipe route 4 8 $77 1,745 Prepare drawian s for 901%submittal 4 8 90 12 $584 13,28 90% Design meeting (1- meetinplanned) 2 4 $48 1,098 Detail sheets 3 Cover/Ke Ma /Notes 4 4 20 4 $183 4,167 Prepare final drawings 4 4 52 12 $373 8,485 Final Review Meeting I- tweting planned)4 6 8 $121 2,761 Opinion ofprobable construction cost 2 12 4 $96 2,190 Technical Specification Preparation 2 6 24 $168 3,822 SOFTDlGS(I0(dS250/sanr'.% 81 8 12 $2,500 5147 5,839 SURVEYwellsRe&RW-NU 2 4 $1,500 $48 2,598 3 PERMITTING SJRW M D 4 4 $188 1,472 FDEP peraita &RAI 8 10 12 $184 4,186 JLA S'.730 2,730 4 BIDDING Coordination with contractor 2 101 8 $125 2,843 Review change order 2 8 6 $88 2,3141 JLA $1,886 1,886 C& W $1,500 1,500 5 CONSTRUCTION PHASE Coordination/Observation - well 18 100 20 54,493 $758 21,721 Coordination/Observation - RWM 121 80 20 $599 13,619 Shop Dw s 10 30 12 $301 6 853 Meetings 8 12 24 24 $346 7,8 JLA onsite Drill #S-1 4 4 4 $40,358 $78 42,140 JLA Well Cornpletion Report $5,430 $66 5,496 Startup & Operationaltestin wellhead FO 10 4 8 30 1 $302 6,872 C&W $6,000 6,000 Final FDEP Release 6 4 20 $76 3,946 TOTALHOURS 136 118 548 264 $85,217 $6,110 222,511 LABOR $/HOUR 235 225 150 105 961 1 SUBTOTAL 530,600 S17,7001 $57,5401 $25,3441 1 $131,184 181 K:\WPB_Civil\General\Black\Florida\IRCU\WelI S1R\IRCU Floridan Well S-1 Replacement WO Jill REV 1.4.22.docx Page 9 of 9 $42,141 $48,922 $8,388 $8,543 $114,517 $222,511 13A Office of Attorney's Matters 02/15/2022 r, INDIAN RIVER COUNTY Z. ATTORNEY 'ORI Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: February 8, 2022 SUBJECT: Unconditional Offer for a Parcel of Right -Of -Way Located at 8055 66th Avenue, Vero Beach, FL 32967 Parcel 130 Owned by Robert and Marygrace Sexton Robert and Marygrace Sexton (the Sextons) own an 18.85 acre parcel of property that lies on the west side of 66th Avenue between 77th and 81St Streets. This site is rectangular in shape. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres and is improved with an active citrus grove. The County needs a 0.40 -acre triangle shaped parcel to be used as right-of-way for the 66th Avenue project. The right-of-way parcel has 590 feet of frontage along 66th Avenue and is 72 feet wide at its deepest point. Improvements within the 0.40 acres are approximately 10 citrus trees with accompanying irrigation. An aerial photo of the parent parcel and sketch and legal description cf the part to be taken are attached to this memorandum. A recent appraisal establishes the value of the partial taking to be $20,500.00 which equates to a value of $51,250 per acre. A copy of the appraisal is available for review at the Board of County Commissioners' office. While staff has been negotiating with the Sextons, the Board is required to make an unconditional offer to the Sextons and provide them with a copy of the appraisal on which it is based. In the past, the Board has extended an offer of the appraised value plus 15% in order to defray possible attorney's fees. In this case the appraised value of $20,500 plus 15% would equal $23,575. 182 Recent offers to properties along 66th Avenue include the following: Ken Chestnut property acquisition at 6900 65th Street, Parcel 303: • appraisal report established fair market value at $29,500 • 0.38 acre take from a 10 -acre parcel • Board offered incentive amount of $47,000 and permitted second driveway (59.3% above appraised value) or $123,684,lacre Johnny and Jackie Dent acquisition at 6855 69th Street, Parcel 313: • appraisal report found fair market value to be $20,700 • 0.53 acre take from a 10 -acre parcel • Board offered $40,000 for the right-of-way (93.2% above appraised value) or $75,472/acre After review of the file and discussion with staff, it is recommended that the Board approve an unconditional offer to the Sextons in the amount of $25,000. Currently, the Sextons are not represented by an attorney and we are unaware of any costs. Funding: Funding in the amount of $25,000 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009. Recommendation: Staff recommends the Board approve an unconditional offer to purchase the necessary right-of-way from the Sextons at a price of $25,000. Attachments: Aerial photo Sketch and Legal Description MI Indian River County, FL 1 _ Overview Legend ❑ Parcels Street Centerlines Subdivisions Municipal Boundaries 2 IRC Private Schoo Government Facilities 4 FEDERAL GOVERNMENT COUNTY GOVERNMENT ® LOCAL GOVERNMENT SCHOOL ITiJ HOSPITAL FIRE STATION • LAW ENFORCEMENT STATEPARK COUNTY PARK CITY PARK e BOATRAMP • CANOELAUNCH • CANOELANDING Golf Courses Water Parcel ID 31393100000700000002.0 Prop ID 39482 Owner SEXTON ROBERT G & Last 2Sales Sec/Twp/Rng 31-31-39 Class 6600- Address MARYGRACEM Date Price Instr Type Qual Property 805566TH AV Citrus 1071 INDIAN MOUND TRAIL 12/1/2014 $100 Warranty U Address VERO BEACH Acreage 18.84 VERO BEACH, FL 32963 Deed Clear Title 12/1/2014 $15000 Warranty U Deed Plat Book Link District 1- NORTH COUNTY W/SEB INLET Brief Tax Description ALL THAT PARTOF THE N 825.00 FT OF THE SE OF SEC 31 TWP 31 S RGE 39 E LYING E OF THE FOLL DESC LINE; BEG ATA PTONTHE N LINE OF THE SE OF SEC 31TWP 31 S RGE39 ESAID POB LYING N 89 DEG 55 MIN 29 SEC W ADIST OF 129855 FT FROM THE NE COR OF SAID SE O (Note: Not to be used on legal documents) Date created: 2/9/2022 184 R II GRAPHIC SCALE 001'38'49" L=83.93' (TO TCE) LINE TABLE LINE LENGTH = BEARING L1 25.00 1 N89'27'06"W 25' C2 6LJ N89'55'41"W a 72.54' I P w V) CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 579.22 2920.00 290.56 578.27 N06'43'18"E 11'21'55" C2 15.98 3080.00 7.99 15.98 N12'15'21"E 00'17'50" OD N M —68' r W M w z W 3 (D Q< a M � w I wf IL cn w r a � M w N a Z<0 0 0 O w t �I Cn n M LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL — — RIGHT OF WAY LINE P.O.C. 10' TCE 3 POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK �o PAGE TCE 0 EASEMENT to C1 TRANSPORTATION i c t 31393100000700000002.0 c w� C=007'25'36" ® Zc L=378.49' t (TO TCE) 1 �� PARCEL 130 17,515 SQ. FT. 0.40 ACRES POINT OF N REVERSE 0 CURVE / p C2 6LJ N89'55'41"W a 72.54' I P w V) CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 579.22 2920.00 290.56 578.27 N06'43'18"E 11'21'55" C2 15.98 3080.00 7.99 15.98 N12'15'21"E 00'17'50" OD N M —68' r W M w z W 3 (D Q< a M � w I wf IL cn w r a � M w N a Z<0 0 0 O w t �I Cn n M LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL — — RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE TCE TEMPORARY CONSTRUCTION EASEMENT FDOT FLORIDA DEPARTMENT OF TRANSPORTATION This certifies that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyws and Mappers In Chapter 5J-17, Rorldo Administrative Code, pursuant to Section 472.027, 1`7orlda--Statutes, and that this drawing is a true and accurate represen tton thereof to the best of my knowledge and belief. Subject t es and notations shown hereon. E.C. DEMETER, P.S.M. aNO. 5179 g DATEU • _8L 2 4 017 N 19 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A POR110N 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 EAST Y4 CORNER OF SAID SECTION 31; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 235.21 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 590.02 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING NORTH 89'55'41" WEST, A DISTANCE OF 72.54 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 00'17'50", A CHORD LENGTH OF 15.98 FEET BEARING NORTH 12'15'21" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 15.98 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,920.00 FEET, A CENTRAL ANGLE OF 11'21'55", A CHORD LENGTH OF 578.27 FEET BEARING NORTH 06'43'18" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 579.22 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'16" EAST, A DISTANCE OF 7.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 17,515 SQUARE FEET OR 0.40 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. February 15, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 02, 2022 SUBJECT: Discussion to consider local water irrigation ordinance FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: I am asking the Board to have discussion on whether Indian River County should adopt a local water irrigation ordinance Backimound: Indian River County has had a cooperative and successful relationship with the St. John's River Water Management District (SJRWMD) in regards to cost share projects. SJRWMD has been a partner on many of the county's septic to sewer and nutrient removal projects. Recently SJRWMD issued guidance that if a local government entity wanted to be eligible for cost sharing funds, the local government entity would have to have passed a local water irrigation ordinance that has been approved by SJRWMD. When SJRWMD first issued the Districts' water irrigation guidelines, they asked the local governments to enforce the guidelines, as SJRWMD had no enforcement capability. Previous Boards had rejected the concept of being the local enforcement arm for the District. Given that the cost share program has resulted in millions of dollars of support from SJRWMD on our water quality projects, it may be time for the Board to reconsider a local, water irrigation ordinance. Commissioner Harold Jenkins of Martin County recently put together a committee of stakeholders to draft a local water irrigation ordinance for Martin County. The Martin County ordinance was approved by the South Florida Water Management District (SFWMD), and this past December, was approved by Martin County. If the Board determines it is in the best interest of Indian River County to adopt a local water irrigation ordinance, I suggest the Board direct staff to review the Martin County ordinance, make any adjustments deemed necessary, then present to the Board for review. Attachment: Martin County Irrigation Ordinance No. 1173 187 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 1173 AN ORDINANCE OF MARTIN COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RULE FOR MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES (40E-24, FLORIDA ADMINISTRATIVE CODE); PROVIDING DEFINITIONS; PROVIDING FOR THE APPLICABILITY OF THE ORDINANCE; PROVIDING THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING FOR ADMINISTRATIVE VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR THE DECLARATION OF A WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Martin County through its Board of County Commissioners desires its businesses, residences and public places to conserve water resources on a year-round basis; and WHEREAS, Martin County recognizes that the South Florida Water Management District ("District") has amended Chapter 40E-24, Florida Administrative Code ("F.A.C.") to implement the Rule for Mandatory Year -Round Landscape Irrigation Conservation Measures (the "Rule"); "ITIJ WHEREAS, the District is encouraging local governments within the District's sixteen county region to adopt year-round irrigation conservation ordinances for landscape irrigation pursuant to the Rule; and WHEREAS, Martin County desires to adopt this Ordinance applicable to landscape irrigation, as an effective way to conserve water resources and to comply with the Rule; and WHEREAS, Martin County finds and declares that the adoption of this Ordinance is appropriate, and in the public interest. Added language is underlined: deleted language is sfowel-ik+augh NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA THAT: PART 1. CHAPTER 159 — WATER AND SEWER, Code of Ordinances, is amended as set forth below. ARTICLE 5. — WATER CONSERVATION Added language is underlined: deleted language is stniektkr-eugk :M NNI 1 0111111 Added language is underlined: deleted language is stniektkr-eugk :M i.!!RTl��MlEf f 4.v-Atpff;:e.S6UFees, between the hours of • Q• a.fn. and 5-.00 • .134. Exemptions. 159.133, vegetation May be iFFigated between the heuFs of 9;00 a.m. and 5:00 p.fn. under the foliewing eenditiens-: • • .134.B. ifthe vegeta �ed using hand water-ing.• .134.G. if the vegetation is if:Figated for- ffeeze pr-oteetien. 159.134.D. • —1-34—P. if the inigation system is operated for eleaning or-maintenanee purposes.• .1.44.F. if the inigatien system's sele sour-ee is 1Q waten• time wet dewn. 159.135. Penalties, Per -sons whe violate this ai4iele may be subjeet to a eivil penalty, in addition to wiy ethef penalty aliewed by law, net to exeeed $500.00 peFviolafien, as set by the Board of ceufit5 159.136 159.160. r- • • Purpose It is the intent and purpose of this article to implement procedures that promote water conservation through the efficient use of Landscape Irrigation._ Sec. 159.132. - Definitions A. The following terms and phrases when used in this ordinance, whether in the singular or plural or if the first letter is capitalized or in lower case, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: "Address" means the "house number" (a numeric or alphanumeric designation) that. together with the street name, describes the physical location of a specific property. This includes "rural route" numbers, but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g.. the Added language is underlined; deleted language is siowek-ArougJ� 190 park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address, it shall be considered an even numbered address. 2. "Adequate Water Supply" refers to the irrigation systems water source (potable or nonpotable) capacityto o supply enough water volume and pressure to operate each zone within the water demand requirements its Nozzles or emitters. 3. "Application Uniformity" means how evenly water is distributed within an irrigation zone (also known as distribution uniformity or matched precipitation rate). 4. "Athletic Play Area" means areas used for athletic activities that require irrigation. including but not limited to golf courses, such as the fairways,greens, roughs, tee boxes, and putting greens, golf driving ranges, and fields used for baseball, cricket, croquet, football, frisbee golf, lacrosse, lawn bowling, pickle ball, polo, soccer, softball, tennis, volleyball, and equestrian, livestock, or rodeo arenas. 5. "Automatic Shutoff Valve" (or master valve) is used to protect the landscape from flooding in case of a ruptured main or malfunctioning downstream valve. The Automatic Shutoff Valve is installed on the main line after the backflow preventer (in some systems) and before the control or zone valves. 6. "Automatic Control Valve" means a valve in a Sprinkler system which is activated by an automatic controller by of hydraulic or electrical control lines and controls a single device or multiple devices. 7. "County" or "Martin County" means Martin County, a political subdivision of the State of Florida, including its Board of County Commissioners. 8. "County Administrator" means the County Administrator for Martin County or the County Administrator's designee. 9. "Day" means a calendar day unless noted othenvise. 10. "District" means the South Florida Water Management District. 11. "Low Quarted Distribution Uniformity Test" is the average discharge of 25% of sampled emitters (in a Zone) with the least discharge(volume) divided by the average discharge of all sampled emitters. Also known as Low Quarter Distributuion Uniformity used in irrigation efficiency audits. 12. "Even Numbered Address" means an address ending in the numbers 0. 2.4. 6. 8, or rights- of-way or other locations with no address, or the letters A -M. 13. "Existing Landscaping" means any Landscaping which has been planted and in the rg ound for more than ninety (90) days. Added language is underlined; deleted language is sfoweh-dwouglr 191 14. "F.A.C." means the Florida Administrative Code. 15. "Farmer's Market" means an establishment providing for the retail sale of agricultural products, primarily involving the sale of fresh produce, such as fruits and vegetables, but also including such products and services that are customarily provided in rural or agricultural areas. 16. "Flea Market" means any premises where the principal use is the sale of new and used householdog ods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment, in small quantities, in broken lots, not in bulk, for use or consumption by the immediate purchaser, in open air or partly enclosed booths or stalls which may or r may not be within a wholly enclosed building. 17. "Flow Rate" means rate of flow or volume per unit period of time. 18. "Friction Pressure Loss" is a pressure loss caused by water flow and turbulence created as water moves thru pipes, fittings and irrigation components. 19. "Hydraulic Function" for irri atg ion purposes means pressurized water flow not to exceed a Velocity of 5' per second to minimize the effect of Friction Pressure Loss and to uniformily apply water to its intended root zone objective. 20. "Hydrozoning" is the practice of clustering together plants (shrubs, turf grasses or crops) with similar root zone watering requirements in an effort to conserve water. Landscape Irrigation design, when applying hydrozone guidelines, uniformily provides water with different root zone water requirements on separate watering zones designated for each hydrozone area as needed. 21. "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial. and industrial establishments, public medians, and rights-of-way. except Athletic Play Areas, as defined in this ordinance 22. "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns, sod,rg ass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments. public medians, and rights-of-way. except Athletic Play Areas. 23. "Lateral Pipeline" means the water delivery pipeline that supplies water to the emitters or Sprinklers from a manifold or header pipeline downstream of the control valve. 24. "Licensed Contractor" means an individual who is duly licensed in ini Jath, ionsystems contracting by the State of Florida or local government, including but not limited to. Added language is underlined: deleted language is .,iio:iiek-�hoetrgJ� 192 engineers, landscape architects, and plumbers. 25. "Low Volume Hand Watering" means the watering of landscape by one (1) person, with one (l) hose, fitted with a self -canceling or automatic shutoff Nozzle. 26. "Low Volume Irrigation" means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. 27. "Mainline" means a pipeline which carries water from the water source or the control station to submains or to manifolds or header pipelines of the water distribution system. 28. "Matched Precipitation Rate" means. an equal distribution of water over a given area or zone. 29. "Micro -irrigation' means the application of small quantites of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro -irrigation includes a number of methods or concepts, such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation. 30. "New Landscaping" means any Landscaping which has been planted in the ground for ninety (90) days or less. 31. "Nozzle" is a part of a Sprinkler Head, usually interchangeable, engineered to apply water in a specific pattern, distances and volume at a specific working pressure. 32. "Odd Numbered Address" means an address ending in the numbers 1, 3, 5, 7, 9, or the letters N -Z. 33. "Place of Worship" means any structure used on a regular basis by a group of individuals who assemble for religious worship, including but not limited to a church, mosque, synagoge, or temple. As used herein, Place of Worship does not mean a residential property, including but not limited to a single family home, town home or house, or an apartment or condominium building. 34. "Pressure Regulation' means the control of excessive and varyinginlet nlet pressures of an irrigation system to achieve it constant outlet pressure to improve application uniformity. 35. "Reclaimed Water" also known as Irrigation Quality (10) Water means wastewater that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C. As used in this ordinance. Reclaimed Water used for Landscape Irrigation cannot include more than 10% from secondary sources absent an administrative variance granted as provided in this Added language is underlined: deleted language is sowela Jn 193 ordinance. 36. "Soil Absorption Rate" means the rate in minutes or hours that water is absorbed boor passes through a soil during least favorable climatic conditions when soils are at or near capacity. 37. "Sprinkler" or "Sprinkler Head" means a device that distributes water under pressure through the air or above ground, usually through a replaceable or adjustable Nozzle, and also called a bubbler head, head, rotor head, or sprayhead. iead. 38. "User" means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee, or other legal entity whether natural or artificial, the United States of America, and the State of Florida and all its political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the Water Resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps. 39. "Velocity" means, for irrigation purposes, the average speed computed as Flow Rate per unit area of a pipe, that is, the speed at which water moves through the irrigation systems piping, and is not to exceed 5 feet per second. 40. "Water Resource" means any and all water on or beneath the surface of the ground, including but limited to natural or artificial watercourses, lakes, ponds, or diffused surface water, and well water, water percolating, standing, or flowing beneath the surface of the ground. 41. "Year" means 365 calendar days. 42. "Zone" means a section of an irrigation system served by a single control valve. B. As used in this ordinance the conjunctive "and" includes the disjunctive "or" and vice versa Where "and/or" is used that term is intended to convey the same meaning. Further, the singular shall include the plural and vice versa. C. If a deadline imposed by this ordinance falls on a Saturday, Sunday, or legal holiday, the deadline shall extend to the next day that is not a Saturday Sunday, or legal holiday. This provision does not apply to the days of the week specified or allowed for irrigation. Sec. 159.133. — Applicability and Exceptions A. The provisions of this article shall apply to each User providing Landscape Irrigation from all Water Resources within the boundaries of unincorporated Martin County with the following exceptions: 1. The use of Reclaimed Water; Added language is underlined: deleted language is °•••���: 194 2. Irrigation at agricultural and nursery operations; and 3. Irrigation of Athletic Play Areas. Sec. 159.134. —Variances 1. Purpose. The purpose of this variance is to promote irrigation systems that properly apply all components within the system to achieve the highest possible efficiency of water distribution. 2. An administrative variance from the specific day or days identified in this ordinance may be granted by the County Administrator if the following requirements are met: a. Hardship. The applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant or those served b the he applicant. b. Advanced or Smart Irrigation System. The applicant has an advanced or smart irrigation system, that is, a properly operating evapotranspiration -based or moisture sensing controlled irrigation system that meets the Environmental Protection Agency's WaterSense© specification for weather -based controllers, the requirements of the Irrigation Association for climate -based controllers or moisture sensor -based controllers, the requirements of Section 373.62, Fla. Stat., or some comparable and applicable industry standard as determined by the County in its sole discretion. i. Installation. The irrigation system shall also be designed, installed, and or modified to operate with irrigation design and efficiency standards that include, but are not limited to. Adequate Water Supply, Application Uniformity, Hydrozoning. Hydraulic Function, and Pressure Regulation. The irrigation system shall include an Automatic Shutoff Valve and an Automatic Control Valve. ii. Water Source. The water source shall be adequate from the standpoint of volume, Flow Rate, pressure, and quality to meet the irrigation requirements of the area to be irrigated, as well as other demands, if any, both at the time the system is designed and for the expected life of the system. iii. System zoning. The irrigation system shall be divided into zones based on the best Hydrozoning practices for the applicant's property. Factors to be considered include but are not limited to: 1. Available Flow Rate: Added language is underlined • deleted language is simek-througi 195 2. Type of vegetation irrigated i.e.. turf shrubs native plants, etc. 3. Type of Sprinkler i.e.. Sprinklers with the proper Matched Precipitation Rate. 4. Soil characteristics Soil Absorption Rate, and slope. 5. Sun and shade exposure. iv. Design Sprinkler irrigation systems should be designed with the appropriate uniformity for the type of plants being grown and the type of soil found in that area The general watering of different types of plants as one group without regard to their individual water requirements is to be avoided. 1. In inspecting the sprinker irrigation system design. the system shall comport with the Low Quarted Distribution Uniformity Test. 2. Sprinkler Heads shall operate within 20% of the optimum operatinn ressure but not more than the maximum or less than the minimum guidelines as Eecified by the manufacturer. v. _Florida Building Code The irrigation system shall comply with the most recent version of the Florida Building Code Plumbing Appendix F (or the applicable Florida Building Code provisions at the time of the application , including but not limited to Appendix F's requirements for Sprinkler/emitting spacing and selection pipelines and control valves. vi. Record drawing. The applicant shall submit a record drawing of the irrigation system and shall contain the following information: 1. Location, type. pressure. and maximum flow available of all water sources. 2. Location type and size of all c:)mponents including but not limited to backflow devices controllers flow meters the Lateral Pipelines, the Mainline micro irrigation moisture sensors pumps, pump start relays rain sensors Sprinklers valves water source wells, or an other irrigation components. 3. The Flow Rate application rate (inches per hour) and the operating pressure for the Sprinklers and micro irrigation (within each zone as apnlicablel Added language is underlined; deleted language is sirue1MJ� 196 4. An irrigation schedule for each zone for the dry season and the wet season respectively. The schedule should indicate the frequency and duration each zone should operate to meet the plant water requirements without rainfall and stay within the hydraulic capacities of the Sprinkler system installed. 5. The professional license or certification number of the installation contractor and contact information for the contractor. 6. Date of installation or renovation. vii. An applicant shall provide an irrigation maintenance schedule performed by a Licensed Contractor. At a minimum, the maintenance schedule shall include a routine visual inspection at regular intervals at least once a year. viii. An applicant who receives a variance for having an evapotranspiration -based or moisture sensing controlled irrigation system must maintain and operate the system within the 70% efficiency minimum standard of the Low Ouarted Distribution Uniformity Test as well as in accordance with manufacturer specifications at all times including technology that inhibits or interrupts operation of the system during periods of sufficient moisture. ix. An applicant who receives a variance for having�a evapotranspiration - based or moisture sensing controlled irrigation system is subject to an inspection by the County to ensure ongoing compliance. If the system is found to be not in compliance after an inspection, the variance is revoked until applicant comes into compliance no later than 30 days after a notice of non-compliance; for purposes of this subsection the County's notice may be by email, certified mail, hand -delivery or notice posted on the premises. Unless applicant comes into compliance after 30 days applicant is required reapply for the variance as required by this section. x. The County shall maintain a database of all properties which have installed and maintained irrigation systems that qualify for a variance in accordance with the requirements of this subsection_ xi. Duration If a variance for having a evapotranspiration -based or moisture sensing controlled irrigation system is granted, the term of the variance is five (5) years from the date of the granting of the variance. Within one hundred and eighty (180) days before the expiration of the variance but not later than thirty (30) days before the variance's Added language is underlined; deleted language is siowtl +gk 10 197 expiration, applicant shall submit to the County's Department of Utilities and Solid Waste for that Department's review proof of an inspection by a Licensed Contractor showingthe he system is in compliance, and such proof shall be verified by the Licensed Contractor who performed the inspection. If the system is in compliance. the variance shall be extended another five (5) years from the variance's expiration date. If no such proof of an inspection is submitted timely, the variance shall expire on the expiration date, and a new application will be required. At any time if the system is determined not to be in compliance, applicant shall have thirty (30) days, or up to the expiration date. to come into compliance whichever is shorter; if the system is not brought into compliance, the variance shall be revoked at the expiration of the thirty (30) days, or shall expire on the expiration date, whichever is shorter, and a new variance application will be required. c. Contiguous Properties. Where a contiguous property is divided into different watering zones, an administrative variance may be granted hereunder so that each zone shall be irrigated on days different than other zones of the property. However, no zone may be irrigated more than two (2) days per week. d. Farmer's Market or Flea Market. If User maintains, manages, or owns a Farmer's Market or Flea Market and the primary day of operation coincides with the prescribed watering day or days for the address, an administrative variance maybe granted hereunder so that each zone shall be irrigated on days different than other zones of the property. However, no zone may by e irrigated more than two (2) days per week. c. Place of Worship. If user maintains, manages. or owns a Place of Worship and the primary day of attendance coincides with the prescribed watering day or days for the address, an administrative variance may be granted hereunder so that each zone shall be irrigated on days different than other zones of the property. However, no zone may be irrigated more than two (2) days per week. 3. Administrative variance procedure. An applicant for an administrative variance shall submit the application to the County's Department of Utilities and Solid Waste (the "Department"). The applicant shall use the fonn or fonns required by the Department and pay an application fee based upon a reasonable estimate of the cost to the Department to review the application. a. An application for a variance based on an advanced or smart irrigation system pursuant to Section 159.134.2.b. must be verified by a Licensed Contractor. 4. A variance granted does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued Added language is underlined; deleted language is ......�„�;o-et;ggI 198 by the South Florida Water Management District, the County, or any other governmental entity having jurisdiction. 5. Any User issued an administrative variance by the County or the District must post notice of the variance or waiver in a conspicuous place to which the variance or waiver pertains. 6. Time Extensions The County Administrator may allow time extensions in the County Administrator's sole discretion from any deadline prescribed by this ordinance, including but not limited to time extensions warranted because of major storm events such as a hurricane. Sec. 159.135. — Year-round Landscape Irrigation conservation measures A. The following requirements shall apply to all Users and all Water Resources unless specified otherwise in this ordinance: 1. Landscape Irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided. 2. Irrigation of Existing Landscaping shall comply with the following provisions: a. Even numbered addresses as defined in Sec. 159.132, installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi -family units and homeowners' associations. and rights-of-way or other locations with no address shall have the opportunity to accomplish necessary Landscape Irrigation two (2) days a week, only on Thursday and/or Sunday. b. Odd numbered addresses, as defined in Sec. 159.132, shall have the opportunity to accomplish necessary Landscape Irrigation two (2) days a week, only on Wednesday and/or Saturday. 3. Irrigation of New Landscaping shall comply with the following provisions: a. New Landscaping may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the New Landscaping is allowed without regard to the normal watering days and times. b. A ninety (90) day establislunent period begins on the day the New Landscaping is installed The New Landscaping shall be installed within a reasonable time from the date of purchase which may be demonstrated with a dated receipt or invoice. c. Irrigation of New Landscaping which has been in place for thirty (30) days or less may be accomplished on Monday. Tuesday Wednesday, Thursday, Saturday. or Sunday. Added language is underlined; deleted language is 12 199 d. Irrigation of New Landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, or Saturday. e. Irrigation of New Landscaping is limited to areas only containing the New Landscaping. An entire zone of an irrigation system shall only be utilized for Landscape Irrigation under this Subsection if the zone contains at least 50% New Landscaping. If a zone contains less than 50% New Landscaping, or if the New Landscaping is in an area that will not typically be irrigated_ by an irrigationystem, only the individual new plantings are eligible for additional irrigation. Targeted watering may be accomplished by Low Volume Hand Watering or any appropriate method which isolates and waters only the New Landscaping. B. The following exceptions shall apply to all Users and all Water Resources unless specified otherwise in this ordinance: I . Landscape Irrigation systems may be operated during restricted days or times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape Irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one (1) test should not exceed ten (10) minutes per zone. 2. Landscape Irrigation for the purpose of watering -in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering -in is recommended by the manufacturer, or by federal, state, or local law, or best management practices, shall be allowed under the following conditions: a. Such watering -in shall be limited to one (1) application, unless the need for more than one (1) application is stated in the directions for application specified by the manufacturer, and b. Such watering -in shall be accomplished during normally allowable watering days and times set forth in this ordinance, unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering -in activity. The temporary sign shall comply with the Martin County Sign Ordinance, Land Development Regulations, Article 4, Division 16, Section 4.691 et seq., as amended, or as otherwise required by law. 1. Any plant bed or garden material may be watered using Low Volume Irrigation. Micro -irrigation, Low Volume Hand Watering, rain barrels, cisterns, or other similar rain -harvesting devices without regard to the watering days or times allowed pursuant to this ordinance. 3. Wasteful and unnecessary use prohibited. In addition to the specific conservation measures in this ordinance, intentionally or knowingly using water for Landscape Irrigation in a wasteful and unnecessary manner is prohibited. specifically, allowing water to be dispersed without any practical purpose to the water use or in agrossly inefficient manner regardless Added language is underlined: deleted language is smuAihreitgh 13 200 of the type of water use, including but not limited to: a. Excessive Landscape Irrigation. b. Leaving an unattended hose on a driveway with water flowing, c. Allowing Landscape Irrigation water to unnecessarily fall onto pavement. sidewalks, and other impervious surfaces, or d. Allowing water flow through a broken or malfunctioning water delivery or Landscape Irrigationsystem. Section 159.136. — Declaration of a Water Shortage or Water Shortage Emergency. 1. As used in this section: a. "Water Shortage" means when the District determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect Water Resources from serious harm. b. "Water Shortage Emergency" means when the District determines the provisions of this ordinance are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable -beneficial uses. 2. Declaration of a Water Shortage or Water Shortage Emergency within all or parts of the unincorporated portions of the County shall supersede this ordinance for the duration of the declaration. Sec. 159.137. — Enforcement 1. The County enforce this ordinance through the County's Code Enforcement established pursuant to Chapter 162 Fla. Stat. and Martin County Code of Ordinances, Section 1.91 et seq., as amended, or by an action at law or in equity in the Circuit Court, including but not limited to an action seeking injunctive relief. 2. The County also request the Martin County Sheriff or any other law enforcement agency having jurisdiction to enforce this ordinance. 3. Nothing in this ordinance shall bar, preclude, prevent, or supersede the County's ri hg t to seek its remedies at law or in equity in connection with water use. Sec. 159.138. - Penalties 1. Violation of any provision of this article shall be subject to the following penalties: Added language is underlined; deleted language is sti-tiek4kreirgl� 14 201 a. First violation. $25.00; b. Second violation. $50.00; c. Third and subsequent violations. $100.00 for each violation. i. If the User has no violations of this ordinance continuously during the two (2) years after the last violation, the User shall not be deemed to have prior violations for the purpose of counting the number of violations. 2. Each day in violation of this article shall constitute a separate violation or offense. 3. Code enforcement or law enforcement may provide Users who are in violation with no more than one (1) written warning eve!y two (2) years. In providing a warning, code enforcement or law enforcement may provide the user with informational and educational material by written or electronic media. Secs. 159.139 — 159.160. — Reserved. PART II. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, Martin County ordinances, County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict except for ordinances concerning either adoption or amendment of the Comprehensive Plan or as otherwise provided in this ordinance. PART III. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If the ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property or circumstance. PART IV. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of Martin County. PART V. FILING WITH DEPARTMENT OF STATE. The Clerk shall be and is hereby directed forthwith to scan this ordinance in accordance with Rule 1 B-26.003, F.A.C., and file same with the Florida Department of State via electronic transmission. Added language is underlined; deleted language is .'....mss%* 15 202 PART VI. EFFECTIVE DATE. This ordinance shall take effect 180 calendar days after the date the Martin County Board of County Commissioners approves this ordinance. PART VII. CODIFICATION. Provisions of this ordinance shall be incorporated into the General Ordinances, Martin County Code, except that Parts 2 through 7 shall not be codified. The word "ordinance" may be changed to "article," "section," or other word, and the sections of this ordinance may be renumbered or re -lettered. DULY PASSED AND ADOPTED THIS 14TH DAY Of DECEMBER, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ,,,,, MARTIN COUNTY, FLORIDA 'o-0011C s 0{ BY 1NIMANN • D U 'LITH, CHAIRMAN :�,�L•Ittl Qin THE CIRCUIT tr U12T AND COMPTROLLER APPROVED AS TO FORM & LEGAL SUFFICIENCY: BY:CA�-j r l A,t�► - f - SARAH W. WOODS COUNTY ATTORNEY Added language is underlined: deleted language is stm rettglt 16 203 FLORIDA DEPARTMENT Of STATE l e RON DESANTIS Governor December 20, 2021 Ms. Carolyn Timmann Clerk of the Circuit Court Martin County Post Office Box 9016 Stuart, Florida 34995 Attention: Layla Ponders Dear Ms. Timmann: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Martin County Ordinance No. 1173, which was filed in this office on December 20, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0 Telephone: (850) 245-6270 www. dos. state.fl.us VEY, a/k/a SWEENEY :DITORS i of the es- t. SWEENEY, MICHAEL sed, whose ; September g in the Cir - Lucie Coun- te Division, hich is P.O. FL 34954. rddresses of presentative Representa- e set forth re Decedent ins having against De- rn whom a is required st file their )urt WITHIN /IONTHS AF- F THE FIRST THIS NOTICE R THE DATE 4 COPY OF 1EM. of the De - ons having against the must file this Court i AFTER THE ST PUBLICA- CE. FILED WITH- :RIODS SET 733.702 OF )BATE CODE 3ARRED. G THE SET FORTH AIM FILED R MORE AF- :NT'S DATE ED. irst publica- a is Novem- onal Repre- PLLC 34950 51-5020 '6921 !e@feeyatesl pvance@fee :ative: f et 3 2, 2021 OURT FOR OUNTY, 4 IGLtZ! :DITORS i of the es- . Saver, Be- te of death is pending rt for Indian da, Probate ass of which ruLorneysiurreuuuner Personal Representative: Laura Jean Nelson Saver 310 38th Square SW Vero Beach, Florida 32968 Pub: Nov 25, Dec 2, 2021 TCN5016616 IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLOR- IDA PROBATE DIVISION File No. 312021CP001410 Division Probate IN RE: ESTATE OF EVA MAE IZARD GLOVER a/k/a EVA I. GLOVER, Deceased. NOTICE TO CREDITORS (summary administration) TO ALL PERSONS HAVING CLAIMS OR DEMANDS AGAINST THE ABOVE ESTATE: You are hereby notified that an Order of Summary Admin- istration has been entered in the Estate of EVA MAE IZARD GLOVER, also known as EVA I. GLOVER, deceased, File Num- ber 312021CP001410; by the Circuit Court for Indian River County, Florida, Probate Divi- sion, the address of which is 2000 16th Avenue, Vero Beach, FL 32960; that the de- cedent's date of death was Ju- ly 3, 2021; that the total value of the estate is $100.00 and that the names of those to whom it has been assigned by such order are: NAME ADDRESS Creditors: None Beneficiaries: Marsha R. Glover Sanders 260 Foxfire Court Quincy, FL 32351 Debra P. Matthews 322 Benedictine Terrace Sebastian, FL 32958 ALL INTERESTED PERSONS ARE NOTIFIED THAT: All creditors of the estate of the decedent and persons having claims or demands against the estate of the dece- dent other than those for whom provision for full pay- ment was made in the Order of Summary Administration must file their claims with this court WITHIN THE TIME PERI- ODS SET FORTH IN FLORIDA STATUTES SECTION 733.702. ALL CLAIMS AND DEMANDS NOT SO FILED WILL BE FOREV- ER BARRED. NOTWITHSTAND- ING ANY OTHER APPLICABLE TIME PERIOD, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE- DENT'S DATE OF DEATH IS BARRED. The date of first publication of this Notice is November 25, 2021. Attorney for Person Giving Notice: Eric C. Barkett, Esq. Attorney for Petitioner Email: ebarkett@jbbverolaw.c om Secondary Email: thaffield@jb bverolaw.com Florida Bar No. 0820547 Jackson & Barkett 2165 15th Avenue Vero Beach, FL 32960 Telephone: (772) 567-4355 Person Giving Notice: Marsha R. Glover Sanders 260 Foxfire Court Quincy, FL 32351 Pub: Nov 25, Dec 2, 2021 TCN5018048 IN THE CIRCUIT COURT IN AND FOR MARTIN COUNTY, FLORI- DA IN RE: ESTATE OF COUNSEL FOR PERSONAL REP- RESENTATIVE: SONIA M. PAWLUC, P.A. COUNSELOR AT LAW 717 SE 5th Street Stuart, FL 34994 Telephone: (772) 463-2600 Email: Emailservice@soniampa wluc.com By: Sonia M. Pawluc Florida Bar No. 331333 Personal Representative: Ann F. Rossman 1027 Rabbit Valley Road NW Cleveland, TN 37312 Pub: Dec 2, 9, 2021 TCN5026332 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA PROBATE DIVISION IN RE: THE ESTATE OF ALLYNE HUDSON SMITH, Deceased. File No.: 2021CP001408 NOTICE TO CREDITORS The administra- tion of the estate of Allyne Hudson Smith, deceased, whose date of death was Sep- tember 13, 2021, is pending in the Circuit Court for Indian River County, Florida, Probate Division, the address of which is 2000 16th Ave., Vero Beach, FL 32960. The names and ad- dresses of the personal repre- sentative and the personal representative's attorney are set forth below. All creditors of the decedent and other persons having claims or de- mands against decedent's es- tate on whom a copy of this notice is required to be served must file their claims with the Court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLI- CATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons having claims or demands against the dece- dent's estate must file their claims with the court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SEC- TION 733.702 OF THE FLORI- DA PROBATE CODE WILL BE FOREVER BARRED. NOTWITH- STANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE- DENT'S DATE OF DEATH IS BARRED. The date of the first publication of this notice is December 2, 2021. Personal Representative: Cynthia J. Spann, 4575 33rd Avenue, Vero Beach, FL 32967. Attor- ney for Personal Representa- tive: Deborah A. Kennedy, Esq., Attorney, Florida Bar No. 127367, 1426 21st Street, Vero Beach, FL 32960, Telephone: (772) 501-9155 Fax: (772) 299- 5995 E -Mail: debilaw@aol.com Secondary E -Mail: debkenned y@kennedy-law.com Pubs: Dec 2 & 9, 2021 TCN i 0M. Tfflffl�� IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR MARTIN COUNTY, FLORIDA TRUIST BANK, successor by merger to SUNTRUST BANK Plaintiff, IV[ rrryress ana eyress Lo dnu from the above described property over and upon the Easterly 20 feet of the North one half (1/2) of Tract 39, Sec- tion 22, Township 38 South, Range 40 East, Plat of Palm City Farms, as recorded in Plat Book 6, Page 42, Public Re- cords of Palm Beach (now Martin) County, Florida. has been filed against you and you are required to serve a copy of your written defens- es, if any, to it on ARTHUR S. BARKSDALE IV, Plaintiff's, at- torney, whose address is AL- VAREZ, WINTHROP, THOMPSON & SMOAK, P.A., P.O. Box 3511, Orlando, FL 32802, Email STB@awtspa.com within thirty (30) days after the first publication of this notice, and file the original with the clerk of this court ei- ther before service on the plaintiff's attorney or immedi- ately thereafter; otherwise a default will be entered against you for the relief de- manded in the complaint or petition. Dated: 11/15/21 CAROLYN TIMMANN CLERK OF THE COURT By: J Ward As Deputy Clerk Pub: Dec 2 & Dec 9, 2021 TCN5006950 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA LAKEVIEW LOAN SERVICING, LLC, Plaintiff, V. UNKNOWN PERSONAL REPRE- SENTATIVE OF THE ESTATE OF MARION T. KIRBY, et al., Defendants. CASE NO.: 2021 -CA -000806 NOTICE OF ACTION TO: Unknown Personal Represen- tative of the Estate of Marion T. Kirby n/k/a Forrest Kirby 5245 SE Horizon Ave Stuart, FL 34997 Unknown Heir, Beneficiary and Devisee 2 of the Estate of Marion T. Kirby, Deceased 5245 SE Horizon Ave Stuart, FL 34997 Unknown Heir, Beneficiary and Devisee 3 of the Estate of Marion T. Kirby, Deceased 5245 SE Horizon Ave Stuart, FL 34997 Unknown Heir, Beneficiary and Devisee 4 of the Estate of Marion T. Kirby, Deceased 5245 SE Horizon Ave Stuart, FL 34997 YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following described property in Martin County, Florida: The West 127.50 feet of Lot 3, Block 6, Port Salerno, accord- ing to the plat thereof as re- corded in Plat Book 1, Page 132, Public Records of Palm Beach (now Martin) County, Florida. has been filed against you and you are required to serve AN ORDINANCE OF MARTIN COUNTY, FLORIDA; PROVID- ING FOR LOCAL IMPLEMENTA- TION OF THE SOUTH FLORIDA WATER MANAGEMENT DIS- TRICT'S RULE FOR MANDATO- RY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES (40E-24, FLORIDA ADMINISTRATIVE CODE); PRO- VIDING DEFINITIONS; PROVID- ING FOR THE APPLICABILITY OF THE ORDINANCE; PROVID- ING THE LANDSCAPE IRRIGA- TION SCHEDULE; PROVIDING EXCEPTIONS TO THE LAND- SCAPE IRRIGATION SCHEDULE; PROVIDING FOR ADMINISTRA- TIVE VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR ENFORCEMENT OF THE ORDI- NANCE; PROVIDING FOR THE DECLARATION OF A WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PRO- VIDING FOR APPLICABILITY, CONFLICTING PROVISIONS, SEVERABILITY, FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EF- FECTIVE DATE. All interested persons are in- vited to attend and be heard. The meeting will be held in the Commission Chambers on the first floor of the Martin County Administrative Center, 2401 S.E. Monterey Road, Stuart, Florida. Written com- ments may be mailed to: David Arthur, County Attor- ney's Office, 2401 S. E. Monterey Road, Stuart, Flori- da 34996. Copies of the item will be available from the County Attorney's Office. For more information, contact David Arthur, Senior Assistant County Attorney at (772) 288- 5441. Persons with disabilities who need an accommodation in order to participate in this proceeding are entitled, at no cost, to the provision of cer- tain assistance. This does not include transportation to and from the meeting. Please contact the Office of the ADA Coordinator at (772) 320- 3131, or the Office of the County Administrator at (772) 288-5400, or in writing to 2401 SE Monterey Road, Stuart, FL, 34996, no later than three days before the hearing date. Persons using a TTY device, please call 711 Florida Relay Services. If any person decides to ap- peal any decision made with respect to any matter consid- ered at the meetings or hear- ings of any board, committee, agency, council, or advisory group, that person will need a record of the proceedings and, for such purpose, may need to insure that a verbatim record of the proceedings is made, which record should in- clude the testimony and evi- dence upon which the appeal is to be based. Publish: December 2, 2021 TCN5008851 IN THE CIRCUIT COURT OF NINETEENTH JUDICIAL CIRCUIT, IN AND FOR MARTIN COUNTY, FLORIDA IN RE: THE MATTER OF JORDAN SCOTT CLARKE Putative Father, and wnent. Mid Address, f Court Appr Form 12.915 this lawsuit e-mailed to record at the WARNING: I da Family L<' dure, requi matic disclo< and inform comply can i including di of pleadings Dated: 11 CLERK OF TF By: Deputy ClerN Pub: Nov 25, TCN5016564 IN THE CIRC 19TH JUSICIr FOR ST. LUC DA Case No. 562 Division: Fan Ja, Peitioner. Roshanda D. NOTICE OF SOLUTION C CHILD C St To: Roshand! 1907 S. 8th S YOU ARE 1 action of d riage has b you and hat to serve a c ten defense! Jacqui Jean dress is 111 Pierce, FL 01/03/20222 nal with t Court at P Pierce, FL 34 on Peititone thereafter. 1 a default against you mantled in tl The action i to decide F real or pp should be di' Copies of al in this case, are availabl the Circuit r may review upon reques You must N the Circuit fied of you (You may fi Current Ma Address, I Court Appn Form 12.915 this lawsuit e-mailed to record of the WARNING: I da Family Le dure, requi matic disclo! and inform comply can i includin,9 di of pleadings Dated: 11/18 Clerk of the /s/ Letitia Ho Publish: Dec. TCN IN THE CIRCI 19th 1UDICV IN AND FOR FLORIDA Case No.: 21 - Division: Dor Paolo Tonzir Petitioner, and Valeria Giorc Respondent, NOTICE OF SOLUTIOP Model Water Conservation Ordinance ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE NO. AN ORDINANCE OF [COUNTY/CITY,) FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set forth in Section 4; and f►10 WHEREAS, Rule 40C-2.042, F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C - 2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the [governing body] of [County/City] to adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and WHEREAS, the [governing body] of the [County/City] hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE [GOVERNING BODY] OF [COUNTY/CITY,] FLORIDA: Section _. Sections _ through Code of Ordinances, are hereby created to read: WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section 1. INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through the more efficient use of landscape irrigation. Section 2. DEFINITIONS For the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2 ,4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N -Z. (b) "District" means the St. Johns River Water Management District. (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) "Landscape irrigation" means the outside watering of plants in a landscape such 207 as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of- way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. (f) "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. Section 3. LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than % inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and Non-residential landscape irrigation may occur only on Tuesday and shall not occur I: between 10:00 a.m. and 4:00 p.m.; and d. No more than3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited to only that necessary to meet landscape needs. Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: Irrigation using a micro -spray, micro jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed 1/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. 209 Section 5. ADDITIONAL REQUIREMENT Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEEK LMTATIONS A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time Section 7. APPLICATION OF ORDINANCE The provisions of this Ordinance shall apply to each person located within the [County/City]. For local governments located in more than one water management district, an interagency agreement between the two districts pursuant to §373.046(6), will be needed to use this ordinance throughout the local government jurisdiction. Sections 8 & 9 are recommended, but not required for compliance with Rule 40C-2.042. A local government may remove or modify these two sections from its final adopted ordinance. Section 8. ENFORCEMENT OFFICIALS The local government should authorize law enforcement personnel and/or other government staff as the enforcement officials for the area governed by this Ordinance. For example: Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the [County/City][Administrator/ManagerJ may also delegate enforcement responsibility for this ordinance to agencies and department of [County/City) government. Section 9. PENALTIES The local government should include penalties that include the issuance of citations, the treatment of each day a violation occurs as a separate offense, the imposition of fines that are significant and progressive, and allow other legal action to be taken. For example: Violation of any provision of this Ordinance shall be subject to the following penalties: 210 First violation Written Warning Second violation $50.00 Subsequent violations Fine not to exceed $500 Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the [County/City) may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article. Section 10. CODIFICATION Codification of this Ordinance is hereby directed and authorized. Section 11. ORDINANCES REPEALED The local government should list here any previous ordinances pertaining to landscape irrigation, the water shortage, or other water use that conflicts with this Ordinance, District rules or Part II, Chapter 373, Florida Statutes. Sections _ through _, Code of Ordinances, are hereby repealed. Section 12. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the [governing body] of [County/City], Florida this day of , 20_. LOCAL EXECUTION PROVISIONS For information on this model ordinance, please contact: Joel T. Benn St. Johns River Water Management District Office of General Counsel 4049 Reid Street P.O. Box 1429 Palatka, FL 32178-1429 (386) 643-1920 211 Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /6A1 Of C2 Of Emergency Services District 0211512022 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: The Board of Commissioners of the Emergency Services District THROUGH: Tad Stone, Emergency Services Director FROM: William K. DeBraal, Deputy County Attorney DATE: February 7, 2022 SUBJECT: Approval of Affiliation Agreements with Certified EMT/Paramedic Training Programs For the past several years, the Emergency Services District (District) has entered into Affiliation Agreements with training programs that offer Emergency Medical Technician (EMT) and Paramedic training for their students to ride along with District EMTs and Paramedics to receive valuable "on the job" training and real-life experience. In order for a training program to qualify for the Affiliation Agreement, the program must be certified by the State Fire Marshal and the program must provide insurance covering its students. The only cost to the County is to provide the students with personal protective equipment such as masks, gloves or gowns, depending on the situation. During any given school term or semester, the District will have anywhere from 1-14 ride -along volunteers that must put in approximately 264 hours of training over three semesters. The students are unpaid volunteers. There is no requirement for the District to accept the students but the ride along experience provides a good opportunity to become familiar with potential applicants to EMT and Paramedic positions with the District. Most ride along participants come from local community colleges but some also are attending private training programs. Each Affiliation Agreement calls for the training program to: • provide a list of qualified participants that have the prerequisite training • name a liaison at the training facility to coordinate the ride along program • provide insurance for the participant Under the terms of each Agreement, the District can request the entity to withdraw the participant from the ride along program or send them home during the shift if the 212 participant exhibits dangerous behavior or poor training. Previous Agreements were entered into for a one-year period and renewed on an annual basis, which was acceptable when there were few participating programs. However, over time, the number of training programs in the area have increased due to the State's growing population and EMTs and paramedics are finding work in emergency rooms and other medical facilities. In order to meet the increased demand, staff seeks to have the training programs enter into five-year Agreements that automatically renew for two five- year terms. Staff will continue to have the necessary insurance certificate on file with Risk Management without the frequent need to renew expiring Agreements. A template of the Affiliation Agreement is attached to this agenda items and will be used for the following training programs: Indian River State College East Florida State College Palm Beach State College City of Coral Springs Treasure Coast Medical Institute Health Career Institute First Response Training Medical Career Academy Orlando Medical Institute Funding: There is minimal impact to County funding for this matter. Recommendation: The County Attorney's Office recommends the Board, in its capacity as the Indian River County Emergency Services District, approve the Affiliation Agreement template and authorize the Chairman to execute the individual Agreements with the above listed training programs on behalf of the District. Copy to: Steve Greer, Battalion Chief, Indian River County Fire Rescue 213 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AFFILIATION AGREEMENT WITH [full legal name of facility] This Affiliation Agreement is entered into this day of , 2022, by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter COUNTY and [name and address of facility], hereinafter [abbreviated name] do hereby agree as follows: WHEREAS, [abbreviated name] offers certification programs for both emergency medical technicians (EMT) and paramedics and has been offering those programs since [enter date they started sending us students]; and WHEREAS, students who attend [abbreviated name] are encouraged to obtain "on the job training" by conducting ride -a -longs with EMTs and paramedics; and WHEREAS, the COUNTY as entered into other Affiliation Agreements for ride -a -long training for EMT and paramedic students enrolled in similar certified programs; and WHEREAS, the COUNTY deems this to be a valuable training tool for potential future employees, NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true and correct and incorporated herein by reference in this Agreement. 2. The COUNTY shall permit [abbreviated name] students to participate in ride -a -longs with EMTs and Paramedics at the discretion and convenience of the COUNTY. 3. This Agreement shall be effective from February 15, 2022 to February 14, 2027 and will automatically renew for two additional five-year periods thereafter by the mutual consent of the parties. 4. Neither the COUNTY nor [abbreviated name] shall charge any fees under this Agreement. 5. The parties agree that there will be no discrimination in the selection or the placement of students in the ride -a -long program. 6. This Agreement may be terminated by either party upon 30 days written notice. 7. The COUNTY will provide, at the participating student's expense, emergency care for injuries or acute illness while participating with the COUNTY at a ride -a -long session. 8. The parties will each designate a person or persons to coordinate as a liaison for the ride -a -long program. 9. [abbreviated name] shall provide the COUNTY with a list of eligible participants for the ride -a -long program prior to the start of each program. It shall be the duty of [abbreviated 214 name] to ensure the participants have the necessary training prerequisites to maximize the experience. 10. [abbreviated name] does undertake and agree that it will indemnify and hold harmless the COUNTY and its officers, directors, employees, and agents, from all claims, demands, suits, actions, judgments, and executions for damages, of any and every kind, including reasonable attorney's fees and costs, and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any student. Each student participating shall sign the attached Hold Harmless Agreement (copies will be furnished upon request). 11. [abbreviated name] shall procure and maintain, during the term of this Agreement and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this Agreement. Such insurance shall be on an occurrence basis in amounts no less than $3,000,000/$1,000,000 for personal injuries and the COUNTY shall be an additional named insured under such general and professional liability policy or policies. [abbreviated name] shall submit certificates of insurance to the COUNTY evidencing such insurance at the time of the execution of this Agreement, and as requested by the COUNTY or Fire/EMS Service. [abbreviated name] agrees that the COUNTY will receive no less than thirty (30) days written notice prior to cancellation, modification, or non -renewal of any of the insurance coverages described herein. 12. [abbreviated name] will coordinate a calendar with students name and dates. [abbreviated name] will submit this calendar to the COUNTY by an agreed upon date. 13. Specific Responsibilities of the COUNTY. It shall be the responsibility of the COUNTY to: A. Provide an appropriate orientation of participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a learning experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if a student gives that care. D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the Agency in this Agreement, as appropriate to the learning objectives. 14. Specific Responsibilities of the Participant (Student). It shall be the responsibility of the participant(s) assigned through this Agreement to: A. Comply with the policies and procedures of the COUNTY. Provide the necessary and appropriate uniform while on duty at the Fire/EMS agency B. Obtain prior written approval of both parties to this Agreement before publishing any material related to the learning experience provided under the terms of the Agreement. C. Sign a "Hold Harmless Agreement" with the COUNTY prior to commencing his/her experience within the Fire/EMS Agency. 215 D. At all times wear the appropriated badge on every clinical, and comply in all respects with the student requirements set forth in the requirements Sheets. 15. Request for Withdrawal of Participant. The COUNTY shall reserve the right to request [abbreviated name] to withdraw any participant from its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures of the COUNTY or is detrimental to patients or others. The COUNTY reserves the right to send any student home if they cannot accommodate the student at scheduled time. 16. Modification of Agreement. Modification of this Agreement may be made by mutual consent of both parties, in writing, and attached to this Agreement and shall include the date and the signatures of parties agreeing to the modification. 17. Copies of Agreement. Copies of this signed Agreement shall be placed on file and be available at the Corporate office of [abbreviated name] and in the offices of the COUNTY. 18. Confidential Information. Ride -a -long program participants will be exposed to confidential, privileged information. [abbreviated name] understands the sensitive nature of this information and affirmatively asserts it has trained each participant concerning privileged and confidential patient information. [abbreviated name] agrees that its indemnity and hold harmless to the COUNTY extends to the wrongful release of confidential and privileged patient information. [Full legal name of facility] By: Printed name: Title: Date: 216 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT [Name of Chair], Chairman Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller An - Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 217 16-133 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 4, 2022 To: Jason E. Brown, County Administrator From: Cindy Corrente, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 15 to Geosyntec for C&D Landfill Permit Renewal Descriptions and Conditions: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires periodic permit renewals and submittal of environmental compliance documentation. The current five-year operations permit (Permit No. 0128769 -025 -SO -24) for the construction and demolition (C&D) debris landfill was issued by the Florida Department of Environmental Protection (FDEP) on July 13, 2017, and will expire on July 13, 2022, with the renewal application due by May 13, 2022. This agenda item requests authorization to reengage the engineering firm of Geosyntec Consultants (Geosyntec) to prepare and seal the C&D Landfill Permit Renewal. Analysis: Geosyntec has prepared Work Order No. 15, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing engineering services agreement, dated April 17, 2018, as renewed and amended as of May 18, 2021. The phases are listed below, showing the expected completion dates and their estimated fees. PHASE DESCRIPTION DUE DATE AMOUNT Phase 1 General Consulting/Meeting Support/Project Management May 18, 2022 $12,299 Phase 2 Preparation of the Solid Waste Permit Renewal Application $19,021 Phase 3 Response to Regulatory Comments $ 7,673 TOTAL (Lump Sum) _ $38,993 Funding: Funding for the SWDD C&D Landfill Permit Renewal is budgeted and available in the SWDD/Landfill/ Engineering Services, account number 41121734-033130, for a total amount of $38,993, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 1 41121734-033130 $38,993 218 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Work Order No. 15 with Geosyntec Consultants for $38,993 to provide engineering services related to the SWDD construction and demolition landfill permit renewal. b) Authorize the Chairman to execute the same, as presented. Attachment (s): Work Order No. 15 — Geosyntec 219 WORK ORDER 15 C&D Landfill Permit Renewal This Work Order Number 15 is entered into as of this day of February, 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement dated April 17, 2018, renewed and amended as of May 18, 2021, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Print Name: Jim Langenbach, PE Title: Vice — President 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 220 EXHIBIT A PROFESSIONAL SERVICES 221 2 February 2022 Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74t` Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Engineering Services Solid Waste Operation Permit Renewal Application C&D Debris Disposal Facility Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services related to the renewal of the five-year Solid Waste Operation Permit for the Construction and Demolition (C&D) Debris Disposal Facility at the IRC Landfill (IRCL) site located in Vero Beach, Indian River County, Florida (Site). The current 5 -year permit (Permit No. 0128769 -025 -SO -24) will expire on July 13, 2022 with the renewal application due by May 13, 2022. This proposal presents the scope of work, schedule, and budget estimate for the preparation and submittal to the Florida Department of Environmental Protection (FDEP), the application for the renewal permit, and responding to requests for additional information (RAIs) by the FDEP. The proposal was prepared in response to a verbal request from Mr. Himanshu Mehta, P.E., Managing Director, of SWDD, during telephone conversations with Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit A of Work Order (WO) No. 15, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate and assumptions. 222 PROJECT BACKGROUND The IRCL Site is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The IRCL Site serves the unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores. The SWDD administers the management and operation of the Class I Landfill at the IRCL Site and is the permittee. The IRCL Site occupies 276 acres, with approximately 141.5 acres permitted for Class I disposal, 19 acres permitted for C&D Debris disposal in Cell l of the C&D Debris Disposal Facility, and 2.5 acres permitted for a C&D Debris Recycling Facility. Cell 1 of the C&D Debris Disposal Facility went into operation in 1994. Since the C&D Debris Disposal Facility began operation prior to July 1, 2010, it is authorized to continue operation without a liner and leachate collection system, in accordance with paragraph 62-701.730(6)(a), Florida Administrative Code (F.A.C.). The C&D Debris Disposal Facility is currently operating under Permit No. 0128769 -025 -SO -24 (C&D Permit) which was issued on July 13, 2017 and expires on July 13, 2022. The permit renewal application is due by May 13, 2022. PROPOSED SCOPE OF WORK This project includes professional engineering services required to renew the Solid Waste Operation Permit for the C&D Debris Disposal Facility. The scope of work is based on the applicable requirements of Chapter 403, Florida Statue, Chapters 62-4 and 62-701, F.A.C., and Geosyntec's understanding of the project based on information provided by SWDD. Geosyntec will provide all engineering services necessary to prepare the 5 -year permit renewal application and address any RAI from the FDEP. Paragraph 9 of the Water Quality Monitoring Plan (WQMP) for the C&D Debris Disposal Facility (which is listed as Appendix 3 of the C&D Permit), states that "...sampling of all ten (10) C&D background and compliance wells shall be collected within 90 days prior to submittal of the next permit renewal." These monitoring wells would be MW -17S, MW --171, MW--I8S, MW --18I, MW - 19S, MW -194 MW --20S, MW --20I, MW -21 S, and MW --21I. The samples collected from the C&D Debris Disposal Facility monitoring wells are required to be analyzed for the 5 -year C&D Debris Facility renewal monitoring parameters listed in Paragraph 9 of the WQMP (in the C&D Permit) in accordance with paragraph 62-701.730(8)(d), F.A.C. Geosyntec was scheduled to perform the field sampling activities in January 2022 as part of the semi-annual compliance monitoring for the C&D Debris Disposal Facility as well as the Class I Landfill. This semi-annual sampling has been conducted. It should be noted that 90 days before 223 the required renewal application submittal date of May 13, 2022, is very close to the semi-annual sampling completed in January 2022. It also requires different parameters from those of the routine semi-annual sampling listed in paragraph 62-701.730(8)(c), F.A.C. However, Geosyntec has confirmed that the extra parameters are included in the sampling analysis that is being conducted for this semi-annual sampling event and can be added to the schedule for the analytical testing laboratory. Therefore, Geosyntec will request from FDEP approval to use the January 2022 semi- annual sampling results, including results for the extra parameters, in the permit renewal application. As such, the scope of services presented below does not include additional groundwater sampling and analytical testing for the permit renewal application. For budgeting purposes, the scope of work will be performed in three phases as follows: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Preparation of the Solid Waste Permit Renewal Application; and • Phase 3 — Response to Regulatory Comments. Each of these phases is briefly described below. Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with SWDD and FDEP, invoice review, project coordination, budget and schedule tracking and project administration. Geosyntec has also included a budget for preparation and attendance (by two Geosyntec personnel) at two meetings: (i) kickoff meeting with SWDD staff to obtain information required to complete the application; and (ii) a pre -application meeting with FDEP and SWDD to discuss specific permitting issues. During the pre -application meeting, Geosyntec will request use of the January 2022 semi-annual groundwater sampling data for the permit application in lieu of an additional sampling 90 days prior to submittal of the renewal permit application. Geosyntec has assumed that the FDEP meeting will be held via teleconference in order to reduce overall costs to the project. Phase 2 — Preparation of the Solid Waste Permit Renewal Application Geosyntec will prepare the FDEP Solid Waste Operation Permit renewal application for the C&D Debris Disposal Facility. Geosyntec will complete FDEP Form No. 62-701.900(6) titled "Application for a Permit to Construct, Operate, Modem or Close a Construction and Demolition Debris Disposal or Disposal with Recycling Facility" and address all applicable additional information items required by the form. In accordance with paragraph 62-701.320(10)(c), F.A.C., the facility information that was previously submitted to FDEP to support the expiring permit, and 224 which is still valid, will not be re -submitted for the permit renewal. The permit renewal application will list and reaffirm that the information is still valid (i.e., no change). Activities required for compilation, reproduction, and distribution of the permit application are included in this phase. Geosyntec will provide one (1) electronic and one (1) hardcopy of the permit renewal application to FDEP Tallahassee and two (2) copies (1 electronic and 1 hardcopy) to SWDD. The renewal permit application fee will be $1,000 for the 5 -year operation permit. Geosyntec has assumed that SWDD will issue the check for the permit fee. Phase 3 — Response to Regulatory Comments Following submittal of the permit renewal Application, Geosyntec will schedule a teleconference with the Tallahassee office of the FDEP Solid Waste Section to present and discuss the application package. Geosyntec will provide FDEP with written responses to RAIs throughout the course of the permit application review process. For the purpose of the budget estimate, Geosyntec has estimated two responses to FDEP RAIs will be required. Geosyntec will also review and provide comments on the draft Solid Waste Permit issued by FDEP to ensure that it is consistent with the facility requirements and does not contain unexpected compliance and monitoring requirements. SCHEDULE Geosyntec has prepared a schedule for preparing the five-year Solid Waste Permit renewal, which is included as Attachment 1. The schedule, as presented, assumes a start date of 8 February 2022, and projects a C&D Debris Disposal Facility Solid Waste Renewal Permit Application submittal to FDEP by 12 May 2022 to ensure that the application would be considered "timely and sufficient" by FDEP (that is, more than 61 days prior to the expiration of permit). Geosyntec has assumed that the required permit will be obtained within three months of submission. Response to FDEP comments and review of draft permit issued by FDEP will be performed during this three- month period. Therefore, it is anticipated that the final renewal permit will be issued by 13 July 2022. Geosyntec will work with SWDD to refine the project schedule and set the milestones necessary to meet the needs of the project. Throughout the duration of the project, Geosyntec will work diligently to meet those milestones and the schedule developed for the project. 225 BUDGET ESTIMATE AND ASSUMPTIONS The budget estimate for the scope of work outlined in this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment 2. The budget estimate does not include permit fees that may be required at the time the permit application is submitted to FDEP. Phase 1 — General Consulting/Meeting Support/Project Management $12,299 Phase 2 — Preparation of the Solid Waste Permit Renewal Application $19,021 Phase 3 — Response to Regulatory Comments $7,673 Total Budget Estimate $38,993 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis, in accordance with our Agreement. Additional services or any significant change in our scope of work will be performed, upon approval from SWDD, using the Rate Schedule included in our Agreement. Geosyntec will not exceed the cost estimate without prior approval and written authorization from S WDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Attachment 1— Proposed Project Schedule Attachment 2 — Detailed Budget Estimate 226 ATTACHMENT 1 PROPOSED PROJECT SCHEDULE 227 00 N N oil 11 11 oil IN l®11 u,1 b„ ,,, 1o„i 811111// 14111111 If illill ®skillill 1- 01111111 00 N N ATTACHMENT 2 DETAILED BUDGET ESTIMATE 229 Table 1 BUDGET ESTIMATE PERMIT RENEWAL APPLICATION C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 01: GENERAL CONTRACTING/PROJECT MANAGEMENT/MEETINGS F7 --ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal Hr $260 0 $0 b. Principal Hr $245 20 $4,900 c. Senior Professional Hr $225 0 $0 d. Project Professional Hr $203 16 $3,248 e. Professional Hr $176 0 $0 f. Senior Staff Professional Hr $154 18 $2,772 g. Staff Professional Hr $132 0 $0 Subtotal Professional Services $10,920 B. Technical/Administrative Services a. Designer Hr $143 0 $0 b. Senior Drafter/Senior CADD Operator Hr $126 0 $0 c. Project Administrator Hr $71 12 $852 d. Clerical Hr $55 0 $0 Subtotal Technical/Administrative Services $852 C. Reimbursables a. Lodging Day $164 0 $0 b. Per Diem Day $55 0 $0 c. Communications Fee 3% Labor 0.03 $11,772 $353 d. CADD Computer System Hr $15 0 $0 e. Vehicle Rental & Fuel Day $150 0 $0 f. 8"x11" Photocopies Each $0.12 200 $24 g. CADD Drawings Each $3 50 $150 Subtotal Reimbursables $527 TOTAL ESTIMATED BUDGET: PHASE 01 $12,299j, 230 Table 2 BUDGET ESTIMATE PERMIT RENEWAL APPLICATION C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 02: PREPARATION OF THE SOLID WASTE PERMIT RENEWAL APPLICATION ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal Hr $260 4 $1,040 b. Principal Hr $245 16 $3,920 c. Senior Professional Hr $225 0 $0 d. Project Professional Hr $203 20 $4,060 e. Professional Hr $176 0 $0 f. Senior Staff Professional Hr $154 40 $6,160 g. Staff Professional Hr $132 0 $0 Subtotal Professional Services $15,180 B. Technical/Administrative Services a. Designer Hr $143 16 $2,288 b. Senior Drafter/Senior CADD Operator Hr $126 0 $0 c. Project Administrator Hr $71 0 $0 d. Clerical Hr $55 8 $440 Subtotal Technical/Administrative Services $2,728 C. Reimbursables a. Lodging Day $164 0 $0 b. Per Diem Day $55 0 $0 c. Communications Fee 3% labor 0.03 $17,908 $537 d. CADD Computer System hr $15 16 $240 e. 8"x11" Photocopies Each $0.12 800 $96 f. CADD Drawings Each $3 80 $240 Subtotal Reimbursables $1,113 TOTAL ESTIMATED BUDGET: PHASE 03 $19 021 231 Table 3 BUDGET ESTIMATE PERMIT RENEWAL APPLICATION C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 03: RESPONSE TO REGULATORY COMMENTS ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services a. Senior Principal Hr $260 4 $1,040 b. Principal Hr $245 6 $1,470 c. Senior Professional Hr $225 0 $0 d. Project Professional Hr $203 8 $1,624 e. Professional Hr $176 0 $0 f. Senior Staff Professional Hr $154 12 $1,848 g. Staff Professional Hr $132 0 $0 Subtotal Professional Services $5,982 B. Technical/Administrative Services a. Designer Hr $143 4 $572 b. Senior Drafter/CADD Operator Hr $126 0 $0 c. Project Administrator Hr $71 0 $0 d. Clerical Hr $55 4 $220 Subtotal Technical/Administrative Services $792 C. Reimbursables a. Lodging Da $164 0 $0 b. Per Diem Da $55 0 $0 c. Communications Fee 3% labor 0.03 $6,774 $203 d. CADD Computer System hr $15 16 $240 e. 8"x11" Photocopies Each $0.12 800 $96 f. CADD Drawings Each $3 120 $360 Subtotal Reimbursables $899 TOTAL ESTIMATED BUDGET: PHASE 04 $7,673 232 r�56V Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 4, 2022 To: Jason E. Brown, County Administrator From: Cindy Corrente, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Mixer Installation for the Above Ground Storage Tank at the IRC Landfill Descriptions and Conditions: On May 18, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board authorized Work Order No. 42 to Kimley-Horn and Associates (KHA) for engineering and permitting services for the centrate to leachate tank conversion project. The purpose of this project is to utilize and repurpose the existing half -million -gallon above ground storage tank (AGST) for the future leachate treatment project. On June 22, 2021, the SWDD Board approved staff recommendation to waive the requirement for bids for the rehabilitation of the existing above ground storage tank at the IRC Landfill in a not -to -exceed amount of $252,700 to Crom Corporation (Crom), the original manufacturer of the tank. Crom was authorized to coat the interior tank walls and bottom as well as to core the tank for the future installation of an external mixing system to keep the leachate mixed during storage. The coating is needed due to the corrosive nature of leachate, and the mixing is needed to keep the suspended solids in suspension rather than settling down at the bottom. KHA has evaluated various mixing options for the Crom tank and has provided the attached recommendation to purchase the FJ Nugent/Vaughn Rotamix System. The purpose of this agenda item is for the SWDD Board to waive the requirements for bids and authorize staff to utilize FJ Nugent for the purchase and installation of the mixing system based upon the recommendation from the engineer of record for the project. Analysis: KHA put together the mixer specifications and then obtained responses from vendors in terms of the mixing equipment and installation. Two out of the five vendors did not meet the mixer specifications and were not considered further. Out of the remaining three, FJ Nujent using the Vaughn Rotamix System met the mixer specification and also at the lowest total costs. The KHA evaluation memo is attached and the evaluation summary is provided below. 233 Capital Cost Comparison Vendor Manufacturer- Met Mixer Specification Suitable for Equipment Quoted Construction Installation Total Capital Make Requirements Operations Capital Cost Contractor Cost Cost TSC FlingSystem Jet Lawrence - Jacobs Mixing Sys Yes Yes $110,000 Lee $281,800 $391,800 Construction Heward Gordon - KellyK Kelly Hydromix Yes Yes $78,620 MKI Services $296,380 $375,000 System FJ Vaughn- Yes Yes $126,580 FJ Nugent $84,386 $210,966 Nugent Rotamix System PAX Water No, imposed the Technologies smallest average fluid USGI Tank Shark No velocity to the bulk $24,700 N/A N/A N/A Mixing System fluid of the tank out of all mixing alternatives. No, tank -top RC UET-XCEL-22 installation deemed Beach Mixer No not suitable for $85,000 N/A N/A N/A application and long term operation Per KHA, the not -to -exceed authorization to FJ Nugent is per the attached quote and as follows: Task SCOPE AMOUNT 1. Furnish and Install FJ Nugent/Vaughn Rotamix System $210,966 TOTAL FEE = $210,966 Funding: Funding of $210,966 for the SWDD Leachate Pre -Treatment System was not budgeted in Fiscal Year 2021/22 and is therefore coming from SWDD Cash balance. A special account to track these improvements was setup as SWDD/Leachate Pre -Treatment System account, No. 411-169000-19507, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Leachate Pre -Treatment System 411-169000-19507 $210,966 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Waive the requirement for bids for the purchase and installation of a mixer for the existing above ground storage tank at the Indian River County Landfill in a not -to -exceed amount of $210,966 to FJ Nugent. 234 b) Authorize the Purchasing Manager to issue a purchase order to FJ Nugent for this project, after receipt and approval of the required vendor insurance, and after final terms and conditions have been approved by the County Attorney. Attachment (s): Memorandum from Kimley-Horn Proposal from FJ Nugent 235 Kimley»>Horn February 3, 2022 Mr. Himanshu Mehta, PE Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 RE: Leachate Storage Tank Mixer Selection Dear Mr. Mehta: Indian River County (County) Solid Waste Disposal District (SWDD) has undertaken the process of converting the County's existing centrate storage tank at the biosolids dewatering facility for the storage of leachate from the landfill operations. As part of the conversion, a mixer is proposed to be added to the tank to prevent stagnation and settling of solids in the tank. Kimley-Horn prepared a computational fluid dynamics model of the tank to determine the optimum configuration of the mixer to be specified. Mixers evaluated included floor mounted and jet pump options. The jet mixing was the preferred option for ease of maintenance and longevity of the equipment, as all mechanical/pumping equipment is located outside of the tank. For other options, the equipment would need to be pulled from the tank for cleaning, maintenance and inspection. Since the roof access hatch is off center, routinely removing and reinstalling the equipment in the centered position (for optimum mixing) would be challenging. Once the modeling and mixer type evaluation was completed, Kimley-Horn reached out to four vendors to obtain product information on the model of mixer that each vendor provides meeting the identified configuration. Each vendor provides slightly different equipment options, materials of construction, delivery times and pumping systems. Given the highly corrosive nature of the leachate to be stored, the materials preference is for all equipment that comes in contact with the liquid to be HDPE or 316 stainless steel. No carbon steel pipe or fittings was permitted in the bids received. Kimley-Horn reviewed each of the proposal received and recommends that SWDD proceed with procuring the Vaughn Rotamix System option provided by FJ Nugent. Pros and cons of each bid received are summarized below. Kim ey>>> Horn Page 2 USGI-PAX Water Technologies — Tank Shark Mixing System Pros — Provided the least expensive mixing alternative and has the smallest energy consumption requirement. The system is also not fixed in place and can be pulled from the tank dome access hatch allowing for spray nozzle inspection and cleaning without placing the tank out of service. Cons — Imposed the smallest average fluid velocity to the bulk fluid of the tank out of all mixing alternatives and is therefore not recommended to be installed. UET Mixers — XCEL-22 Mixer • Pros — Provided moderate mixing capabilities. Cons — Installation and long-term operation of this mixing system was deemed to not be feasible due to the overall operating conditions of the mixing system. The mixer would need to be installed at the center of the topside of the dome with the motor and gear box at the highest point of the tank which presents both maintenance and operational hardships if installed and is therefore not recommended to be installed. Fluidyne Corporation — Jet Mixing System • Pros — Provided the highest performance compared to other mixing alternatives in terms of velocity imposed on the bulk fluid in the tank. Mixing header pipe and nozzles constructed of all 304 or 316 stainless steel. Jet mixing system allows all mechanical equipment to remain outside the tank interior at ground level for easy operation and maintenance. • Cons — Held the highest capital cost of all mixing alternatives and is therefore not recommended to be installed. Heward Gordon Group — Hydromix System • Pros — Provided seconded highest performance compared to the Fluidyne Corp. Jet Mixing System. Mixing header pipe and nozzles constructed of all 304 or 316 stainless steel. Jet mixing system allows all mechanical equipment to remain outside the tank interior at ground level for easy operation and maintenance. • Cons — Held the second highest capital cost of all mixing alternatives and is therefore not recommended to be installed. FJ Nugent/Vaughn — Rotamix System • Pros — Provided similar performance to the Heward Gordon Hydromix System. Jet mixing system allows all mechanical equipment to remain outside the tank interior at ground level for easy operation and maintenance. Capital cost of mixing system is less than that of Heward Gordon Group and provides equipment for turnkey installation. • Cons — Mixing system will utilize HDPE pipe with stainless steel body and cast polyurethane barreled nozzles. While this material is acceptable to be used in a leachate environment, it is not as reliable as stainless steel. For the reasons outlined in the above evaluation, Kimley-Horn's recommendation is that SWDD proceed with the purchase of the FJ Nugent/Vaughn Rotamix System. It is our opinion that the quotes 44524 1h Street, Suite 200, Vero Beach, Florida 32960 Kimley»)Horn received, and the information reviewed to determine the best mixer technology for the intended purpose mimic that which would be received through an advertised bid process. Page 3 Please contact me at (772) 794-4146 or jill.grimaldiC@kimley-horn.com should you have any questions or require additional information. Sincerely, %2�.CU't-- Jill Grimal i, BCES Project Manager 44524 Ih Street, Suite 200, Vero Beach, Florida 32960 PROPOSAL To: Jill Grimaldi, BCES Company: Kimley Horn Project: Indian River County S"D Centrate GST Conversion Vaughan Rotamix Installation Date: January 30, 2021 Dear Jill: We are pleased to offer the following equipment & installation for the above referenced project: (1) Furnish & Install a Vaughan Rotamix System in the existing ground storage tank. Consisting of the following: (1) Vaughan Model HE8KIOCS-110 Chopper Pump • Rated at 1700 GPM at 31' TDH • 8" ANSI Discharge Flange • 10" ANSI Suction Flange • 20 HP Electric Motor, 1170 RPM, 3/460 Volts, Premium Efficiency, TEFC • Flushless mechanical seal • Air Release Valve • Tnemec 431 Epoxy finish • SS Fasteners & Anchor Bolts (2) Vaughan Rotamix Extra Low Profile Mixing Nozzle Assemblies • Each assembly has (2) nozzles for a total of (4). • Nozzles are polyurethane construction • Nozzle barrels are SS construction • Exterior is Fusion Bonded Epoxy Coating • SS Anchor bolts (3) Suction Piping is 14" HDPE, DIPS, SDR 11 (1) Suction Isolation Valve, 14" (1) Discharge Piping is 12" HDPE, DIPS, SDR 11 (1) Discharge Isolation Valve, 12" (1) Discharge Check Valve, 12" (2) Branch Piping to Vaughan Rotamix nozzles is 8" HDPE, DIPS, SDR 11 (3) Pipe clamps, 316SS, 14" (3) Pipe clamps, 316SS, 12" (2) Pipe clamps, 316SS, 8" (1) Pipe Supports, SS are required 239 TYPICAL INSTALLATION INSTALLED PRICE: $210,966.00 Clarifications: 1. Wall penetrations are by Crom Corporation 2. Pipe support pedestals inside of tank are by Crom Corporation 3. Electrical is by others 4. All piping is HDPE, SDR 11. Note: Price does not include any item not specifically listed in this proposal. Terms: Net 30 days, Proposal is valid for 30 days. Freight: Freight allowed to jobsite. Delivery: Submittals — Approximately 4-6 weeks after receipt of purchase order. Equipment - Approximately 16-18 weeks after receipt of approved submittals. Thank you for the opportunity to quote on this project. Please contact us with any questions. 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